021-08 - Ordinance - Amending Zoning MapORDINANCE NO. 021-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING THE CITY OF PORT ORCHARD ZONING MAPTO CHANGE
THE ZONING DESIGNATION OF CERTAIN PROPERTY LOCATED
WITHIN THE CITY OF PORT ORCHARD TO BE IN CONFORMANCE
WITH THE COMPREHENSIVE PLAN AS SHOWN ON ATTACHED
TABLE.
AFFECTED TAX PARCEL NO.'S: 102301-1-008-2006, 112301-2-
0 10-2009,112301-2-023-2004, 112301-2-024-2003, 112301-2-
011-2008, 112301-2-012-2007,112301-2-013-2006,112301-1-
011-2000, 252401-3-003-2009, 252401-3-002-2000, 252401-2-
029-2001, 252401-2-303-2008, 252401-2-037-2001, 252401-2-
038-2000, 342401-4-016-2001, 352401-3-033-2001, 022301-4-
005-2003, 102301-4-047-2003, 102301-3-007-2003,102301-3-
001-2009, 102301-3-011-2007, 102301-4-001-2007, 102301-1-
007-2007, 112301-2-003-2008, 112301-2-006-2005, 112301-2-
007-2004, 112301-2-008-2003,112301-2-009-2002.
WHEREAS, multiple requests for annexations and comprehensive plan amendments
(see table below) were submitted and approved as provided by Resolution 1844, Planning and
Development Procedures, and are listed on the annexation table set forth below; and
WHEREAS, each of the previously approved City Council Ordinances listed below
assigned a Comprehensive Plan Designation to the parcel and stated that the zoning designation
would be granted at the time of the Project/Site specific review of the proposal; and
WHEREAS, the City Council approved Ordinance No. 046-07, creating a reorganized
Land Use Regulatory Code (Title 16) and removing the Project/Site Specific approval component of
the Annexation/Comprehensive Amendment process; and
WHEREAS, consistent with POMC Title 16 and sound land use planning policy, the
City desires that all parcels located within City limits receive a zoning designation; and
WHEREAS, the Planning Commission recommended on May 19, 2008, that the
Planning Department prepare for the Planning Commissions consideration and recommendation a
multi -property rezone resolution amending the City of Port Orchard zoning map by adopting zoning
designations for certain property located within the City of Port Orchard to be in conformance with
the comprehensive plan, as shown on table set forth below; and
WHEREAS, a State Environmental Policy Act threshold determinations have been
previously issued prior to City Council ordinance approval; and
WHEREAS, the Planning Commission considered the proposed Resolution No. 004-
08 at a public hearing on June 16, 2008 and unanimously recommended approval of the multi
Ordinance No. 021-08
Page 2 of 3
property rezone to the City Council, as set forth in Exhibit A; and
WHEREAS, following published notice to the general public and individual notice to
the affected property owners, the City Council held a public hearing on July 8, 2008, and heard
testimony on the proposal from City staff and the public; and
WHEREAS, being fully advised, the Council finds and concludes as follows:
TESTIMONY AND EXHIBITS
The Council bases its Findings and Conclusions on the following Exhibits and Testimony:
The following documents were admitted into the record:
A. Staff report to the Planning commission dated June 16, 2008, with
attachments.
B. Planning Commission Resolution 004-08, including Table showing property
owners, tax parcel numbers, existing Comprehensive Plan designations and
requested zoning designations.
C. Planning Commission minutes for May 19, 2008.
FINDINGS AND CONCLUSIONS
1. The City Council adopts the findings and conclusions as set forth in Planning Commission
Resolution No. 004-08 (Attached Exhibit A) as its own, and the same are incorporated by reference.
2. The City Council further finds that as a matter of sound land use planning policy and in
accordance with POMC Chapter 16.25 (Rezoning), all parcels within City limits should have a zoning
designation.
3. The City Council further finds that the zoning designations proposed for the parcels listed
in the table below are consistent with their respective Comprehensive Plan designations; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. Based upon the exhibits, public testimony, recommendations of city staff and
the planning commission, and the findings and conclusions contained herein, the City of Port
Orchard Zoning Map is hereby amended by adopting the zoning designation for each parcel
described on the table set forth below:
File Name
File
Number
Ordinance
Number
Comp Plan
Desi nation
Zoning
Designation
Tax Parcel
Number(s)
South Kitsap School
CA-28-06
045-07
Community
Community
252401-3-003-2009
District
and public
Facilities
252401-3-002-2000
spaces
Brown, Rice, Krueger,
A-02-05
021-07
Commercial
Commercial
102301-1-008-2006
Waters
112301-2-010-2009
Ordinance No. 021-08
Page 3 of 3
112301-2-023-2004
112301-2-024-2003
112301-2-011-2008
112301-2-012-2007
112301-2-013-2006
Lindell
CA-33-07
044-07
High Density
R-20
252401-2-029-2001
Coppola
CA-22-05
018-06
Commercial
Commercial
342401-4-016-2001
Roland & Roland
A 03-06
020-07
Commercial
Commercial
022301-4-005-2003
Walden/Tanner/tinge
A-04-07
024-07
High Density
R-20, 047
102301-4-047-2003
rfeldt
Residential
only
102301-3-007-2003
Medium
102301-3-001-2009
Density
R-12
102301-3-011-2007
Residential
remainder
102301-4-001-2007
Tallman
A-08-07
038-07
Commercial
Commercial
102301-1-007-2007
/Greenbelt
/Greenbelt
112301-2-003-2008
112301-2-006-2005
112301-2-007-2004
112301-2-008-2003
112301-2-009-2002
Tripp
N/A
1914
Community
Community
112301-1-011-2000
and public
Facilities
s aces
SECTION 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 Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passanp +n a+h rlav of 7uly. 2008.
A T:
Patricia 1. Kir patrick, City Clerk
APPROVED AS TO FORM:
0
Gregory A. a by, i Attorney
Sponsored By:
c—
Fred Chang, Council f�l rn
RESOLUTION NO. 004-08
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
PLANNING COMMISSION RECOMMENDING APPROVAL OF THE
ZONING OF THE PROPERTIES LISTED IN THE TABLE BELOW.
WHEREAS, The applicants on the attached contact list are seeking to complete
the Annexation/Comprehensive Plan Amendment process by receiving a zoning designation that
either matches the current Comprehensive Plan designation or the recommended zoning that
was outlined in the enabling ordinances listed below.
WHEREAS, the applicants fled a request to receive a zoning designation in
conformance with the current Comprehensive Plan designations.
WHEREAS, on June 16, the Planning Commission held a public meeting on the
application; and
follows:
WHEREAS, being fully advised, the Planning Commission finds and concludes as
TESTMONY AND EXHIBITS
The Planning Commission bases its findings and Conclusions upon the following Exhibits
and Testimony that it finds to be relevant, credible, and persuasive.
Table showing property owners, tax parcel numbers, existing Comprehensive Plan
designations and requested zoning designations.
Land Use Cases Requiring Zoning
File N81ne
Pile
Ordinance
Comp Plan
Requested
Tax Parcel Number(s)
Number
Number
Designation
Zoning
South Kitsap School District
CA_28-06
045-07
Community and
Community
252401-3-003-2009
mblics acos
Facilities
252401-3-002-2000
Brown, Rice, Krueger, Waters
A-02-05
021-07
Commercial
Commercial
102301-1-009-2006
112301-2-010-2009
112301-2-023-2004
112301-2-024-2003
112301-2-011-2008
112301-2-012-2007
112301-2-011-2006
Lindell
CA-33-07
044-07
High Density
R-20
252401-2-029-2001
Coppola
CA-22-05
018-06
Commercial
Commercial
342401-4-016-2001
Herstad
CA-23-05
020-06
Commercial
Commercial
352401-3-033-2001
Roland & Roland
A-03-06
020-07
Commercial
Commercial
022301-4-005-2003
Walden/Tanncr/Lingerfeldt
_
A-04-07
024-07
High Density
R-20, 047 only
102301-4-047-2003
Residential
102301-3-007-2003
Medium Density
R-12 remainder
102301-3-001-2009
Resolution No. 004-08
Page 3 of 3
In each of the circumstances listed above, the enabling ordinances recommend the requested
zoning designations. See the table below.
CONCLUSIONS
Conclusions: The unusual circumstance that created this condition of non conformance
with the Comprehensive Plan designations requires that each of the above listed
Annexation/Comprehensive Plan Amendments receive their recommended zoning
designations. It is recommended by the Planning Department that the attached Planning
Commission resolution be forwarded to the City Council with a recommendation of approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port Orchard
hereby recommends that the City Council approve the zoning designations shown on the table
within this resolution.
PASSED by the Planning Commission of the City of Port Orchard, this 16", day of June,
2008.
Gil Michael, Chair
ATTEST:
�s
J rprs weaver
(y6velopment Director
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of Ordinances approved by the Port Orchard City Council at their regular
Council meeting held July 8, 2008.
ORDINANCE NO. 021-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING THE CITY OF PORT ORCHARD
ZONING MAP TO CHANGE THE ZONING DESIGNATION OF
CERTAIN PROPERTY LOCATED WITHIN THE CITY OF PORT
ORCHARD TO BE IN CONFORMANCE WITH THE COMPREHENSIVE
PLAN AS SHOWN ON ATTACHED TABLE.
AFFECTED TAX PARCEL NO.'S: 102301-1-008-2006,
112301-2-010-2009,112301-2-023-2004, 112301-2-024-2003, 112301-2-
011-2008, 112301-2-012-2007,112301-2-013-2006, 112301-1-011-2000,
252401-3-003-2009, 252401-3-002-2000, 252401-2-029-2001, 252401-
2-303-2008, 252401-2-037-2001, 252401-2-038-2000, 342401-4-016-
2001, 352401-3-033-2001, 022301-4-005-2003, 102301-4-047-2003,
102301-3-007-2003, 102301-3-001-2009, 102301-3-011-2007, 102301-
4-001-2007, 102301-1-007-2007, 112301-2-003-2008, 112301-2-006-
2005, 112301-2-007-2004,112301-2-008-2003, 112301-2-009-2002.
Copies of Ordinance No. 021-08 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. 021-08 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
Deputy City Clerk
Publish: Port Orchard Independent
July 26, 2008