025-08 - Ordinance - Amending Ordinance 011-06 Approving Revised Site Specific PlanORDINANCE NO. 025-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD ORDINANCE NO. 011-06 BY
APPROVING A REVISED SITE SPECIFIC PLAN FOR PROPERTY
LOCATED AT 2143 AND 2153 BETHEL AVENUE
TAX PARCEL NO. 362401-2-015-2004
WHEREAS, an application was received on January 5, 2006 from Columbia Mortgage Capitol
Corporation requesting a site -specific rezone to change the existing zoning on a 1.41 acre parcel,
legally described in Exhibit A, with a current Comprehensive Plan Designation of Commercial and a
zoning designation of Residential 4.5 (R4.5) to Commercial, Retail and Office (CO); and
WHEREAS, the City Council held a public hearing on January 14, 2006 and approved
Ordinance No. 011-06 approving the Site -Specific Rezone on April 24, 2006; and
WHEREAS, KBSJ Development LLC has submitted an application requesting approval of a
revised site -specific plan to remove the two existing buildings and construct two single -story
buildings and one two-story building with retail and office uses permitted in the Commercial (CO)
zoning designation currently on the property; and
WHEREAS, the City Council held a public hearing on August 12, 2008 to consider the
revisions to the site -specific plan that included the construction of two single -story buildings and one
two-story building with retail and office uses and being fully advised, the Council finds and
concludes as follows:
TESTIMONY AND EXHIBITS
The City Council bases its findings and conclusions upon the following exhibits and testimony
that it finds to be relevant, credible, and persuasive.
1. The following documents were admitted into the record:
A. Staff report dated August 12, 2008, with attachments
B. Application for revised site -specific plan review dated June 4, 2008.
2. James Weaver, Director of Development, explained the circumstances of the
proposed modification.
Ordinance No: 025-08
Page 2 of 3
FINDINGS
Based upon the above testimony and exhibits, the city Council finds as follows:
1. In 2006, the City Council adopted Ordinance No. 011-06 approving a site -specific
rezone for the subject property.
2. On June 4, 2008, the property owner's representative submitted an application for a
site plan modification.
3. The applicant proposes to remove the existing structures and construct two -single
story buildings and one two-story building with retail and office uses.
4. The site is designated Commercial by the Comprehensive Plan and Commercial,
Retail and Office (CO) on the City Zoning Map.
5. Part 2, Section 11 of the city of Port Orchard Planning and Development Procedures
provides that any major modification, deviation or departure from the originally
approved site plan or application shall constitute a violation of the zone adjustment
approval unless the City Council has reviewed and approved the modified site plan
after conducting a public hearing. The City Council may subject the modified site
plan to new conditions.
CONCLUSIONS
1. The Comprehensive Plan's designation for the subject property is Commercial. The
revised site plan is consistent with the goals and policies of the Comprehensive Plan.
2. The site plan modification is not detrimental to the health, safety, and welfare of the
community and is in harmony with the general purposes of the zoning regulations,
the Growth Management Act, and the Comprehensive Plan.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. Based upon the recommendations of City staff and the Findings and
Conclusions set forth herein, the revised site -specific plan for the property located at 2143 and 2153
Bethel Avenue is hereby approved subject to the development regulations set forth in POMC Title 16
(Land Use Regulatory Code).
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 law.
Ordinance No: 025-08
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 passe
..ric , City Clerk
APPROVED AS TO FORM:
Greg jacobVcljy Atto n y
Sponsored by:
�qj 6n
Frey Olin, Councilmember
LEGAL DESCRIPTION
PARCEL 'A':
A.P.N. 362401-2-018
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH,,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST BOUNDARY OF
MITCHELL ROAD, WHICH IS SOUTH 0.8'17" EAST, 1330.97 FEET
AND SOUTH 89019' EAST 715 FEET FROM THE NORTHWEST
CORNER OF SAID SECTION 36; THENCE FOLLOWING THE
WEST BOUNDARY OF MITCHELL ROAD IN A SOUTHWESTERLY
DIRECTION 714.71 FEET TO THE SOUTHEAST CORNER OF
PROPERTY CONVEYED TO PUGET SOUND POWER BY DEED
RECORDED UNDER AUDITOR'S FILE NO.563648 TO THE POINT
OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY
ALONG THE WEST LINE OF SAID MITCHELL ROAD 100 FEET;
THENCE NORTH 89019' WEST 435 FEET, MORE OR LESS, TO
THE EAST MARGIN OF BETHEL AVENUE; THENCE NORTH
ALONG SAID MARGIN 100 FEET, MORE OR LESS, TO A POINT
WEST OF THE POINT OF BEGINNING; THENCE EAST TO THE
POINT OF BEGINNING;
EXCEPT THE EASTERLY 200 FEET AS MEASURED ALONG THE
SOUTH LINE THEREOF.
PARCEL 'B':
A.P.N.362401-2-015
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST MARGIN OF MITCHELL
ROAD, WHICH IS SOUTH 0008" 7" EAST 1330.97 FEET AND
SOUTH 89019' EAST 715.00 FEET FROM THE NORTHWEST
CORNER OF SAID SECTION 36, THENCE FOLLOWING THE
WEST MARGIN OF MITCHELL ROAD IN A SOUTHWESTERLY
DIRECTION, A DISTANCE OF 464.71 FEET TO THE SOUTHEAST
CORNER OF PROPERTY DEEDED TO PUGET SOUND POWER
AND LIGHT COMPANY BY DEED RECORDED UNDER AUDITOR'S
FILE NO. 563648, AND THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE CONTINUING SOUTHWESTERLY
ALONG THE WEST MARGIN OF MITCHELL ROAD, A DISTANCE
OF 250.00 FEET; THENCE NORTH 89°19' WEST 435 FEET, MORE
OR LESS, TO THE EAST MARGIN OF STATE ROAD NO. 14;
THENCE FOLLOWING THE EASTERLY MARGIN OF STATE ROAD
NO. 14 IN A NORTHERLY DIRECTION 247 FEET, MORE OR LESS,
TO A POINT WHICH BEARS NORTH 89'19' WEST FROM THE
TRUE POINT OF BEGINNING; THENCE SOUTH 89°19' EAST 462
FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING;
EXCEPT THE EASTERLY 200 FEET THEREOF, (AS MEASURED
PARALLEL WITH THE WESTERLY MARGIN OF MITCHELL ROAD);
CONVEYED TO JESSE E. TRUAX AND LAVRETTA J. TRUAX, HIS
WIFE, BY DEED RECORDED UNDER AUDITOR'S FILE NO.
666319, AND TO LAWRENCE CAIN AND MARY CAIN, HIS WIFE,
BY DEED RECORDED UNDER AUDITOR'S FILE NO. 802490.
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 August 12, 2008.
ORDINANCE NO.025-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD ORDINANCE NO.
011-06 BY APPROVING A REVISED SITE SPECIFIC PLAN FOR
PROPERTY LOCATED AT 2143 AND 2153 BETHEL AVENUE
Copies of Ordinance No. 025-08 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. 025-08 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
August 16, 2008