024-08 - Ordinance - Amending Zoning MapFAILED August 12, 2008 (3-3)
ORDINANCE NO. 024-0E
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
AFFECTED TAX PARCEL NO.: 352401-3-033-2001
WHEREAS, the owner of tax parcel No. 352401-3-033-2001 previously submitted a
request for a comprehensive plan designation as provided by Resolution No. 1844, Planning and
Development Procedures; and
WHEREAS, the City Council subsequently adopted Ordinance No, 020-06 that
assigned a Comprehensive Plan designation of Commercial to the parcel and stated that the
Commercial 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 Commission's 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 determination was 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 to the City Council that tax
parcel No. 352401-3-033-2001 receive a zoning designation of Commercial; 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 August 12, 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:
Ordinance No. 024-08
Page 2 of 3
1. The following documents were admitted into the record;
A. Staff report to the Planning commission dated June 16, 2008 and August 12,
2008, with attachments.
B. Planning Commission Resolution No. 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 Commercial zoning designation proposed for the
parcel listed below is consistent with the parcel's current Comprehensive Plan designation of
Commercial; 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 the parcel described
on the table set forth below;
File Name
File
Number
Ordinance
Number
Comp Plan
Designation
Zoning
Designation
Tax Parcel
Number(s)
Tom Herstad
CA-23-05
020-06
Commercial
Commercial
352401-3-033-2001
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.
Ordinance No. 024-08
Page 3 of 3
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 12th day of August, 2008.
ATTEST:
FAILED 8-12-08 (3-3)
Patricia 3. Kirkpatrick, City Clerk
APPROVED AS TO FORM:
FAILED 8-12-08 (3-3)
Greg Jacoby, City Attorney
FAILED 8-„12-08 (3-3)
LARY COPPOLA, MAYOR
Sponsored by:
FAILED 8-12-08 CL3j
Fred Chang, Councilman