004-08 - Ordinance - Amending Zoning MapPORT ORCHARD CITY OF 200802130157
Ordinance Rec Fee: $ 48,00 page_ 1 of 7
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Karen F!!ly!nn,{ {K}itslaiPlE}C{{OIIAuditor !! iI{ } }
City of Port Orchard ��i1114� 411I1�Iil[4i� t#1il Billilu1111111111111111Il l
236 Prospect Street
Port Orchard, WA 98366
ORDINANCE NO, 004-08
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 FROM RESIDENTIAL 20
(R420) TO RESIDENTIAL 8 (R8), SUBJECTTO THE CONDITIONS OF
THE SITE -SPECIFIC PLAN KNOWN AS THE BEN ORSER REZONE
TAX PARCEL NO. 4027-026-014-0208
LEGAL DESCRIPTION: NE 1/4 of the NW 1/4 of Sec. 25, T24N, RlE,
W.M., 530 Tracy Avenue
FULL LEGAL: EXHIBIT A
WHEREAS, the City Council previously adopted Zoning Ordinance No. 1748
regulating zoning designations and requirements for development for all properties within the City,
now codified in Port Orchard Municipal Code Title 16; and
WHEREAS, an application was received on October 16, 2007 from Ben Orser
(Rezone Application R-1169) requesting approval of a rezone to change the existing zoning on a
0.29 acre parcel with a current zoning designation of Residential 20 (R20) to Residential 8 (R8);
legally described in Exhibit A; and
WHEREAS, a Mitigated Determination of Non -Significance was issued on December
5, 2007; and
WHEREAS, the Planning Commission considered the application at public meetings
on December 17, 2007 and recommended approval of the site -specific rezone to the City Council,
subject to certain conditions, as set forth in Exhibit B; and
Ordinance No: 004-08
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WHEREAS, the City Council held a public hearing on January 14, 2008; and
WHEREAS, the Comprehensive Plan designation for the property is Medium -density
residential, which allows single-family residences, and the proposed development is consistent with
the goals and policies of the Comprehensive Plan; and
WHEREAS, the proposed rezone is not detrimental to the health, safety, and welfare
of the community and is both consistent with and in harmony with the general purposes of the
Zoning Ordinance, Growth Management Act, and Comprehensive Plan; 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:
1. The following documents were admitted into the record as exhibits:
a. Agenda Staff Report and attachments dated January 14, 2008.
b. Planning Commission Resolution No. 019-07 and all supporting documents.
c. Planning Commission Staff Report dated December 17, 2007.
d. Application Packet.
g. SEPA Notice.
h. Notice to Adjacent Property Owners.
i. Proposed building elevations.
2. Associate Planner Jennifer Haro presented the Staff Report.
FINDINGS AND CONCLUSIONS
The Council adopts the findings and conclusions as set forth in the staff report and Planning
Commission Resolution No, 019-07 (Attached Exhibit B) as its own, and the same are incorporated
by reference; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. Based upon the exhibits, hearing testimony, recommendations of city staff and
the planning commission, and the findings and conclusions referenced above, the City of Port
Orchard Zoning Map -is hereby amended by changing the zoning designation for the property
described in Exhibit "A", to -wit: Parcel Number 4027-026-014-0208 from Residential 20 (R20) to
Residential 8 (R8), subject to conditions set forth in Planning Commission Resolution No. 019-07
attached hereto as Exhibit "B," as submitted and approved without modification.
SECTION 2. This rezone is site plan specific to the Ben Orser Rezone R-1169. Pursuant to
Part 2, Section 11 of the City of Port Orchard Planning and Development Procedures, 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
PORT ORCHARD CITY OF 200802130157
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KarenFlynn, Kitsap Cc Auditor
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Ordinance No: 004-08
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approved a modified site plan after conducting a public hearing. The City Council may subject
modified site plans to new conditions.
SECTION 3. 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.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor d
attested by the Clerk in authentication of such passage this 28th day of )anuary,.200k .-- -J�`
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
i
,� ---4
City Attar
Lary Coppola, Yg ;
Sponsored by:
a
Fred Olin, Council Member
PORT ORCHARD CITY OF 200802130157
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Karen Flynn Kitsap Co Auditor
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Ordinance No: 004-08
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MUSHOW.,
LOT 14,15 AND THE NORTH HALF OF LOT 16, BLOCK 26, ANNAPOLIS, AS PER PLAT RECORDED
IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASINGTON.
CITY OF 2ooS02130151
Rf1RT ORC14ARD 4� �� Page 4 °f
02�j13f2008 12.IS PM$
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Ordinance No: 004-08
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EXHIBIT B
TAX PARCEL NO. 4027-026-014.0208
RESOLUTION NO. 019-07
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
PLANNING COMMISSION RECOMMENDING APPROVAL WITH
CONDITIONS THE REZONE APPLICATION FOR PROPERTY LOCATED
AT 530 Tracy Avenue
Parcel number 4027-026-014-0208
WHEREAS, the applicant filed an application with the City (R-1169) on October 16,
2007 for a site specific rezone of a parcel totaling 0.29 acres, from R 20 to R 8, Residential 8
dwellings per acre; and
and
follows:
WHEREAS, on December 17, 2007 the Planning Commission held a public meeting;
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.
1. The following documents were admitted into the record:
A. Staff Report dated December 17, 2007 with attachments.
B. Application
C. Public Notice
D. Project narrative
E. SEPA determination
F. Site Plan
2. The applicant was unable to attend the meeting.
FINDINGS
General
L The application for rezone (R1169) was received October 16, 2007.
2, The Determination of Completeness was issued on November 1, 2007,
3. The Mitigated Determination of Non Significance (DNS) was issued on December 5, 2007.
PORT ORCHARD CITY OF 200802130157
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Karen Flynn, Kitsap Cc Auditor
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Ordinance No. 004-08
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4. Water and sewer will be provided by the City of Port Orchard, and water and sewer services
are available to this parcel.
5. The property is currently zoned R-20 and the comprehensive plan designation is Medium
Density Residential.
6. Kitsap County records indicate the property is owned by Ben Orser.
Site Conditions
7. The 0.29 acre site has been previously cleared and is currently covered with varying types of
grasses.
8. The site contains is nearly devoid of significant vegetation except for trees adjacent to Tracy
Avenue.
9. The site slopes downward generally from 1 to 5 percent from the north to the south side
with a steeper area at the most northeasterly corner.
10. There are no wetlands, streams or other types or environmentally sensitive areas on the site.
I i . Storm water from the proposed single family residence will be by infiltration or tightlining to
a stormwater conveyance system.
12. Grading at the site is expected to be generally associated with the creation of a level building
site.
Land Use/Zoning
13. The Comprehensive Plan Designation for the parcel is Medium Density Residential.
14. Under the existing zoning designation for the site, single-family residences are only
permitted through the Planned Residential Development (PRD) process.
15. Approval of this rezone will facilitate the eventual construction a 2,100 square foot single-
family residence. At the time of building permit review the proposal must comply with all
applicable zoning ordinances, regulations and site specific rezone conditions.
16. No clearing or grading can occur until a building permit has been issued.
17. If the applicant cannot obtain an HPA, the project will have to be redesigned accordingly.
18. The site lies within the view protection overlay district. The proposed house plans show that
the overlay's maximum height limitations will not be exceeded.
CONCLUSIONS
1. The proposed use for construction of a Single-family residence is consistent with the
Comprehensive Plan.
2. The proposed development is consistent with the proposed Zoning Designation.
3. The proposed rezone will facilitate construction of a single-family residence. The Single-
family residence is more appropriate for the lot and neighborhood.
CONDITIONS OF APPROVAL.
SEPA
1. A SEPA DNS was issued for this project.
ZONING PORT ORCHARD CITY OF
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Ordinance No: 004-08
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2. All conditions identified by City Departments and other agencies must be met prior to the
approval of final construction plans.
3. Prior to commencement of construction or site development, the applicant must receive
building permit approval. The building permit must be in conformance with all applicable
building codes and land use regulations.
ENGINEERING
4. The building application shall include a storm water plan for review and approval by the
City Engineer.
5. The Applicant or his designee is responsible for permanent stabilization and restoration of
the project site.
6. All stormwater system improvements shall be completed prior to issuance of any building
permits using best management practices.
7. The building permit shall include a geotechnical report addressing the proposed widening
of the driveway and construction of the single-family residence.
8. The applicant shall be required to sign a waiver -of -protest agreement to participate in a
future Local Improvements District for the full frontage improvement of Tracy Avenue.
These improvements shall include street paving, curb/gutter, sidewalk, storm drainage,
illumination, street lighting and franchise utilities undergrounding.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port Orchard
hereby recommends that the City Council approve the Ben Olson Site -specific rezone for parcel 4027-
026-014-0208 from R-20 to R-8.
PASSED by the Planning Commission of the City of Port Orchard, this 171" day of December,
2007.
ATTEST:
Joanne Long -Woods
Planning Director
Gil Michael, Chair
PORT ORCHARD CITY OF �00802i3���i
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Karen Flynn. KftsaP CO Auditor 1111111Iil1ll�l�l[ 111111 IN 11,111, IIll�111[ lirIIIilll page: � �f
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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 January 28, 2008.
ORDINANCE NO. 004-08
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 FROM RESIDENTIAL 20 (R420) TO RESIDENTIAL 8
(R8), SUBJECT TO THE CONDITIONS OF THE SITE -SPECIFIC
PLAN KNOWN AS THE BEN ORSER REZONE
Copies of Ordinance No. 004-08 is 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. 004-08 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
Deputy City Clerk
Publish: Port Orchard Independent
February 2, 2008