Loading...
011-06 - Ordinance - Amending Zoning Designations and 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 April 24, 2006. ORDINANCE NO. 011-06 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING ZONING DESIGNATION AND MAP FOR A 1.41 ACRE PARCEL LOCATED WITHIN THE CITY OF PORT ORCHARD FROM RESIDENTIAL 4.5 (R4.5) TO COMMERCIAL, RETAIL, OFFICE (CO), SUBJECT TO CONDITIONS; PARCEL NO. 362401-2-015- 2004 Copies of Ordinance No. 011-06 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. 011-06 will be provided at a nominal charge. City of Port Orchard Carol L. �Etgen Clerk Clerk Publish: Port Orchard Independent May 20, 2006 KitsaRlegals@soundpublishing.com City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 200605170023 Page: i of ? 6�57/2006 PORT ORCHARD CITY OF ORO $38,00 Kit�.at) Co, HA08:26H ORDINANCE NO.011-06 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING ZONING DESIGNATION AND MAP FOR A 1.41 ACRE PARCEL LOCATED WITHIN THE CITY OF PORT ORCHARD FROM RESIDENTIAL 4.5 (R4.5) TO COMMERCIAL, RETAIL, OFFICE (CO), SUBJECT TO CONDITIONS; PARCEL NO. 362401-2-015-2004. TAX PARCEL NO. 362401-2-015-2004 WHEREAS, the City Council previously adopted Zoning Ordinance No. 1748 regulating zoning designations and requirements for developmentfor all properties within the City; and WHEREAS, an application was received on January 5, 2006 by Columbia Mortgage Capitol Corporation requesting a site specific rezone to change the existing zoning on a 1.41 acre parcel, legally described in ExhibitAI 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, a Determination of Non -Significance was issued on March 1, 2006; and WHEREAS, the Planning Commission held a public meeting on March 20, 2006 and recommended approval of the site specific rezone to the City Council, subject to certain conditions, as set forth in Exhibit B; and WHEREAS, the City Council held a public hearing on April 10, 2006 and heard testimony on the proposal from the applicant and the public; and WHEREAS, the proposed rezone is not detrimental to the health, safety, and welfare of the community and is consistent with 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: Ordinance No.011-06 Page 2 of 3 The following documents were admitted into the record: a. Staff Report dated April 10, 2006. b. Planning Commission Resolution No. C6-06 c. Planning Commission Staff Report dated March 20, 2006 d. Application Packet. e. Notice/SEPA/DNS 2. Director Long -Woods presented the Staff Report. 3. Norm Poteet testified on behalf of the applicant. 4. Ross Farr, owner, testified he just wanted to make his business legal and conforming. 5. Maher Abed, Public Works Director, submitted a memo requesting two additional conditions be added to the approval of the application pertaining to road improvements. 6. Gil Michael, Chairman of the Planning Commission, requested that any new development on this property be sent back to the Commission for discussion. FINDINGS AND CONCLUSIONS The findings and conclusions of the Planning Commission as set forth in Exhibit B are hereby adopted as the Council's findings and conclusions. 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, adopted by Ordinance No. 1748, is hereby amended by changing the zoning designation for Parcel No. 362401-2-015-2004 from Residential 4.5 (R4.5) to Commercial, Retail and Office (Co) subject to the conditions set forth in Planning Commission Resolution No. 05-06 attached hereto as Exhibit "B," except as modified herein. The conditions of approval set forth herein shall control over any inconsistent provision set forth in Exhibit "B." SECTION 2. Pursuant to City Ordinance No. 1482, the applicant is required to dedicate twenty (20) feet of additional right-of-way along the property frontage abutting Bethel Avenue. SECTION 3. The applicant shall sign a waiver of protest agreement in aform provided by the City waiving the applicant's right to protest the formation of a Local Improvement District (LID) for future Bethel Avenue improvements to include pavement widening, curb, gutter, sidewalk, street lights, storm water system, and landscaping, as provided in the Citys Development Standards. SECTION 4. This rezone is site plan specific to the Columbia Mortgage Capitol Corporation, Rezone R-1157. Pursuant to Part 2, Section 11 of the City of Port Orchard Planning and 200605170023 Page: 2 o 05"'1"r'21006 C18:26A PORT ORCHARD CITY OF ORD tn) '00 Kitsap Co, 6IA Ordinance No.011-06 Page 3 of 3 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 City Council has reviewed and approved a modified site plan after conducting a public hearing. The City Council may subject modified site plans to new conditions. SECTION 5. 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 and attested by the Clerk in authentication of such passage this 24th dayof April, 2006. ATTEST: Carol Et en, City Clirk APPROVED AS TO FORM: City Attorn Sponsored by: Councilman Wyatt 200605170023 F'arle: :3 of ,, 05/1?,'20f,16 08 26A PORT ORCHARD CITY OF ORD ZK,00 Kitsap Cc,, HA Ordinance 011-06 Exhibit "A" Full Legal Description for 362401-2-015-2004 Beginning at a point on the West margin of Mitchell Road, which is South 01'08'17" East 1330,97 feet and South 89*19' East 715.00 feet from the Northwest corm of said Sectiofa 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 tight Company by Geed under Auditor's File No. 0553648, and the true point of beginning of this description; thence continuing Southwesterly along the West margin of Mitchell Poaad, a distance of 250,00 feet} thence North $9019' West 435 feet, more or iew, to the East matrgin of State Road No.14; thence following the Easferly margin of State Road No. 14 in a Northerly direction 247 feet, more or less, to a point which bears North 89119' West from the true point of beginning; thence South $9019 East 462 feet, more or less, to the true point of beginning; except the Easterly 200 feet thereof, (as measured parallel the Westerly margin of Mitchell Road); conveyed to 3esse E. Truax and Lavretta 3. 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. 602490, Situate in Kits*p County, Washington, TOGETHER WITH all the tenements, hereditarnents and appurtenances, now or hereafter thereunto belonging or in anywise appertaining, and the rents, Issues, and profits thereof and all other property or rights of any kind or nature whatsoever further set forth in the Master Form Deed of Trust hereinafter referred to, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and rznferred upon Beneficiary to collect and apply such rents, issues and profits. THIS DEED I5 FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of Grantor(s), Incorporated by reference or contained herein and payment of the surn of one hundred thousand dollars ($100,000-00) with interest thereon according to the terms of the promissory now of even date herewith , payable to Beneficiary or order and made by Grantor(s); all renewals, modlfication5 or extensions thereof, and also such further sums as may be advanced or loaned oy Beneficiary to Grantor(s), or any of hWher/their successors or assigns, together with interei;t thereon at such rate as shall be agreed upon. By executing and delivering this deed of Trust and the Note secured hereby, tare parties agree that all provisions of Paragraphs 1 through 35 inclusive of the Master Farm Deed of Trust hereinafter referred to, except such paragraphs as are specifically excluded or modified herein, are hereby incorporated herein by reference and made an Integral part hereof for all purposes the same as if yet forth herein at length, and the Grantors) hereby makes said covenants and agrees to full,j perform all of said provisions. The Master Form treed of Trust above referred to Peas recorded on the twenty-fifth (25th) day of July, 1968, in the Official Records of the offices of the County Auditors of the following counties in Washington in the book, and at the page designated after the name of each county, to-wlt: coU1m a00K OR VOL PACE NO, AUMOlt'S COUNTY 80aK OR VOL, PAGE NO. AUDITOR'S kutrry 2 of Record. mm. 513.16 122987 Lewis 7 of Mcfai R=, 635-842 72s562 Asutin I-iicrof1med u(AWRcras lia, 101696 Llncoln 107 of MogzgeS 776.779 315596 8121)= 241 of Offldal Rec. 695A-C 592931 Mason Reel 48 Frame 935-83e 236038 der 688 of official Rec, 1682-1685 681844 Okanogan 121 of Mortgages 517-519A 560653 mallarn 315 of Offtclal R+ec, L95.196 353176 Pacific Z13 of offiClei Rem, 64$- 2 55707 Clark Aud, MicroAlm No, 702859-7C2862 G•519253 Pend Oreille 27 of Mtgs. 6-11 126854 Page 2 of 5 LPE-20 7/97 200605170023 Page: 4 of , 05/1',1/2006 CIS:26A PORT ORCHARD CITY Of CIRCI 0.00 kits.ap Co, OR Ordinance No. 011-06 Exhibit "B" a •0: • • i ! $ i. A RESOLUTION ` OF THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING APPROVAL OF A SITE SPECIFIC REZONE FOR THE COLUMBIA MORTGAGE CAPITOL CORPORATION TAX PARCEL NO: 362401-2-015-2004 WHEREAS, the applicant has submitted an application for a Site Specific Rezone co N of a 1.41 acre parcel, located at 2143 and 2153 Bethel Avenue, from Residential 4.5 (R4.5) o co _ zoning to Commercial, Retail and Office (Co) zoning to allow an existing commercial business to T remain on site; and L0 - - C) ` = 0 ;r WHEREAS, a Determination of Non -Significance was issued on March 1, 2006; �i. ,fin r U'::, an WHEREAS, the Planning Commission held a public meeting on March 10, 2006; and ® WHEREAS, the Planning Commission heard testimony in favor of the proposal from the applicant's representative and there was no testimony in opposition to the proposal; ® now, therefore, —® C ®; THE PLANNING COMMISSION OF THE CITY OF PORT ORCAHRD HEREBY ® :J RESOLVES AS FOLLOWS: u ,® THAT: The Planning Commission of the City of Port Orchard hereby recommends that the City Council of the City of Port �= ® Orchard approve the application for a Site Specific Rezone at 2143 and 2153 Bethel Avenue with the following findings and conclusions and subject to the following conditions: FINDINGS: General 1. An application for a Zone Reclassification (R-1157) was received on January 5, 2006. 2. A Determination of Non -Significance (DNS) was issued on March 1, 2006. 3. The parcel currently contains a Mortgage Company and a small house on the same parcel. 4. The applicant was issued a Temporary Use Permit in 2005 to allow the mortgage company to conduct its business while applying for a rezone application. No expiration date was placed on the Temporary Use Permit, but it should have expired last July, 2005. 5. Site improvements include improvements to parking area with additional crushed rock, some decorative landscaping, access improvements, and parking in front of the two buildings, and a fence between the two structures. 6. The required number of parking spaces, based on total square footage of the buildings is 6.22 for the mortgage company and 2 for the barbershop. Ordinance No. 011-06 Exhibit "B" Resolution No. 05-06 Page 2 of 3 8. The applicant/owner has already submitted and received approval on remodeling the buildings in 2005. No substantial expansion is being proposed at this time. However, in 3-5 years the applicant intends to demolish the existing buildings and build a new structure in the same location. 9. A complete new review of the new proposed structure will be required, including SEPA review. Site Conditions 10. The project site exists of one residential lot. The total project area is 1.41 acres. 11. Topography generally slopes from west east, with slopes that are relatively flat becoming slightly steeper on the back side of the property. There is a drainage swale on the back of the property that may be connected to a wetland, but over 100 ft. from existing structures. Additional environmental review may be required when the new building permit is submitted. 12. The site will be accessed off of Bethel Avenue. Land Use/Zoning 13. The purpose of a Rezone is to provide a change of zoning to allow a new or different land use, which conforms to the City Comprehensive Plan. Unless otherwise stipulated, all zone adjustment actions are site plan specific. 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. 14. The purpose of the Commercial — retail and office (Co) zone is to provide for the broadest mix of retail, service, office, and commercial recreation/cultural uses serving Port Orchard and surrounding market areas while offering significant employment opportunities. The present zoning is Residential, 4.5 units/net usable acre, however, the Comprehensive Plan designation is already Commercial. The change from residential to commercial zoning will bring the property into conformance with the Comprehensive Plan. 15. The Landscape provisions for this site must meet minimum standards outlined in the City Code. 16. If any new sign will be installed, a separate Sign Permit will be required. M � F.T1 17. Some grading of the site has already taken place with the remodel approval. If additional grading will take place on the site, it will require additional grading and/or site development permits. 18. The commercial businesses will use existing facilities, unless otherwise required by the City Engineer. CONCLUSIONS: 1. The proposed development is consistent with the Comprehensive Plan. 2. The proposal requests zone change to allow an established commercial business to remain at the same location until a new building proposal is submitted, and to allow for the conversion of a small house to a small barbershop on the same parcel. 3. The proposed development is consistent with other established uses in the same vicinity. 200605170023 Page 6 of 7 05r 17, 2006 NE : 2 6 A PORT ORCHARD CITY OF ORD V;8.60 kit.s.ap CO, WA Ordinance No. 011-06 Exhibit "B" Resolution No. 05-06 Page 3of3 CONDITIONS OF APPROVAL: If the Planning Commission recommends approval, the following conditions are necessary to meet minimum requirements: ZONING 1. All conditions identified by City Departments and other agencies must be met prior to the approval of final construction plans. 2. The Landscape provisions for this site require compliance with existing City Codes. 3. Any required landscaping must be bonded in accordance with existing City Codes. 4. A separate sign permit is required for any signage proposals. 5. Address numbers shall be visible from the street, and installed prior to final Certificate of Occupancy. 6. Any building revisions or site plan changes must be reviewed and approved by City Council through a public hearing process. STORMWATER 7. If any additional stormwater quantity control, water quality treatment, and erosion and sedimentation control is required by the City Engineer, the system shall be designed in accordance with the City of Port Orchard Municipal Code, Chapter 15.32, Stormwater Management. ROADS 8. Prior to final occupancy approval, Construction Plans shall be submitted and approved by the City Engineer for all road improvements. 9. Project proponents must ensure that adequate sight distance is provided at the site access. 10. Access onto Bethel Avenue shall be shown on the site plan and approved by the City Engineer. PASSED by the Planning Commission of the City of Port Orchard this 20t' day of March 2006. Gil Michael, Chairman ATTEST: Z^f—ioe-A4 -044� Joanne Lang -Woods, anning Director 200605170023 page: ;� i�f' I 05/ 17;' 20'06 08 26A PORT ORCHARD CITY OF ORO $38'60 kits.ap C.0 , l4A