020-06 - Ordinance - Amending Comprehensive Plan MapNOTICE 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 September 25, 2006.
ORDINANCE NO. 020-06
AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING THE CITY OF
PORT ORCHARD COMPREHENSIVE PLAN MAP BY REDESIGNATING PROPERTY
LOCATED AT 296 TREMONT STREET IN KITSAP COUNTY, WASHINGTON
KNOWN AS THE HERSTAD PROPERTY (TAX NO. 352401-3-033-2001) FROM
MEDIUM DENSITY RESIDENTIAL TO COMMERCIAL.
Copies of Ordinance No. 020-06 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. 020-06 will be
provided at a nominal charge.
City of Port Orchard
Michelle Merlino
Interim City Clerk
Publish: Port Orchard Independent
September 30, 2006
KitsaplegalsC&soundpublishing.com
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City of Port Orchard FORT ORCHARD CITY OF ORD �3�,�i� Kit=.ap C'o, 61H
216 Prospect Street
Port Orchard, WA 98366
AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING
THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP BY
REDESIGNATING PROPERTY LOCATED AT 296 TREMONT STREET
IN KITSAP COUNTY, WASHINGTON KNOWN AS THE HERSTAD
PROPERTY (TAX NO. 352401-3-033-2001) FROM MEDIUM
DENSITY RESIDENTIAL TO COMMERCIAL.
TAX PARCEL NO.: 352401-3-033-2001.
LEGAL DESCRIPTION: SW1/4 S35 T24N R1E
FULL LEGAL DESCRIBED IN EXHIBIT "A"
WHEREAS, on June 12, 1995 the City Council by Ordinance No. 1634 adopted
the City's Comprehensive Plan; and
WHEREAS, on December 28, 1998 the City Council in Ordinance No. 1748
adopted the City's Zoning Ordinance; and
WHEREAS, the applicant has initiated a Comprehensive Plan Map Amendment,
Application No. CA23-05, requesting that the property legally described in Exhibit "A" be
changed from Medium Density Residential to "Commercial" in the Comprehensive Plan for the
future development 5,788 sq. ft. single -story office building and a 22-stall parking lot; and
WHEREAS, a programmatic Determination of Non -Significance was issued on
August 4, 2006.
WHEREAS, the Planning Commission held a Public Meeting for the proposed
Comprehensive Plan Map amendment August 21, 2006; and
Ordinance No. 020-06
Page 2 of 4
WHEREAS, the Planning Commission met on August 21, 2006, and resolved to
recommend denial of the proposal to change the designation of the property from Medium
Density Residential to Commercial on the Comprehensive Plan Land Use Map, based on the
findings that the proposed redesignation was inconsistent with the Comprehensive Plan and
would create "spot zoning"; and
WHEREAS, the City of Port Orchard Planning Commission has transmitted to the
Council of the City of Port Orchard their findings and conclusions as stated in Planning
Commission Resolution No. 015-06, recommending Comprehensive Plan Map Amendment
Application No. CA23-05 be denied for the reasons stated therein; and
WHEREAS, the City Council has reviewed the recommendation of the Planning
Commission concerning these issues, held a public hearing on September 11, 2006 to take
public testimony;
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 as exhibits:
a. Agenda Staff Report dated September 11, 2006.
b. Planning Commission Resolution No. 015-06
c. Planning Commission Staff Report dated August 21, 2006
d. Application Packet.
e. Notice/SEPA/DNS
f. Notice to adjacent property owners.
2. Director Long -Woods presented the Staff Report.
3. Robert Baglio spoke on behalf of the applicant.
4. Gil Michael spoke to clarify the planning commissions hearing, findings and
conclusions.
5. No other members of the public testified on this matter at the City Council Public
Hearing.
J40104`[e-113
1. Applicant, Tom Herstad, has submitted an application for a
Comprehensive Plan Amendment, to change the current comp plan designation of an
approximate .44 acre parcel from Medium Density Residential to Commercial. The parcel is
within the City limits (Tax No. 352401-3-033-2001) and is located at 296 Tremont Street.
2. The site fronts Tremont Street to the north. The surrounding properties
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PORT ORCHARD ATY OF ORD $ 6,flc! Kitsap Co, 61R
Ordinance No. 020-06
Page 3 of 4
are designated Community Facilities and High Density Residential. All surrounding properties
are within the city limits of Port Orchard.
3. The applicant intends to rezone the property to Commercial in the near
future with a site specific design for the development of a professional office building with
parking through a site specific rezone application.
4. RCW 36.70A.130 allows the City to amend comprehensive plan and
zoning designations.
5. The utilities for the property are currently available from the City. The
property will be served by adequate public sewer, water supply, roads, and other needed public
facilities and services.
6. The site has access to Tremont Street.
�1Li10SAI-301B�
1. Amending the Comprehensive Plan to designate the Herstad Property
(Tax No. 352401-3-033-2001) as Commercial property is appropriate under the comprehensive
plan. Changing the existing designation from Medium Density Residential to Commercial is in
conformance with the goals and policies of the Comprehensive Plan and the Growth
Management Act.
2. Designating the property to Commercial is in furtherance of the health,
safety, and general welfare of the community.
3. Future zoning of the property to Commercial (C), is compatible with
existing zoning in the area and is consistent with the City's Zoning Ordinance and
Comprehensive Plan, and is in furtherance of the health, safety, and general welfare of the
community.
4. It is in the public interest to designate the Herstad Property (Tax No.
352401-3-033-2001) as Commercial on the Comprehensive Plan Land Use Map, with future
zoning to be addressed by a site -specific rezone when a development proposal is formally
submitted
WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DOES ORDAIN • •
SECTION 1. The City of Port Orchard Comprehensive Plan, Ordinance No.
1634, is hereby amended by changing the comprehensive plan map designation of the property
described in Exhibit "A" from Medium Density Residential to Commercial.
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PORT ORCHARD CITY OF ORD V6.00 Kits.4,p�Co, 1A [,
Ordinance No. 020-06
Page 4 of 4
SECTION 2. 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 portions of this ordinance.
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 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 passage this 25t" day of September 2006.
ATTEST:
k&Q-9 pw-"
Michelle Merlino, Interim City Clerk
R
A
ey
KIM E. ABEL, MAYOR
Rick Wyatt, Councilman
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PORT ORCHARD CIT'7 OF ORD t36.00 Kit._ap Co, 41A
LEGAL DESCRIPTION
352401-3-033-2001
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.,
IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH MARGIN OF TREMONT STREET
457.4 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 35; THENCE SOUTH 0*13' EAST 165 FEET;
THENCE SOUTH 89*10' EAST 132 FEET; THENCE NORTH 0*13' WEST 165
FEET; THENCE NORTH 89*10' WEST 132 FEET TO THE BEGINNING
EXCEPT THE PORTION CONVEYED TO THE CITY OF PORT ORCHARD PER
AUDITOR'S FILE NO. 9306140399.
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