018-06 - 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. 018-06
AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING THE CITY OF
PORT ORCHARD COMPREHENSIVE PLAN MAP BY REDESIGNATING PROPERTY
LOCATED AT 321 TREMONT STREET IN KITSAP COUNTY, WASHINGTON
KNOWN AS THE COPPOLA PROPERTY (TAX NO. 342401-4-016-2001) FROM
HIGH DENSITY RESIDENTIAL TO COMMERCIAL
Copies of Ordinance No. 018-06 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. 018-06 will be
provided at a nominal charge.
City of Port Orchard
Michelle Merlino
Interim City Clerk
Publish: Port Orchard Independent
September 30, 2006
Kitsapiegals0soundpublishing.com
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PORT ORCHARD i::YT1 OFijRCi 6,r7�a F'0,--1. �`200F, 11H12 06P
City of Port Orchard
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 321 TREMONT STREET
IN KITSAP COUNTY, WASHINGTON KNOWN AS THE COPPOLA
PROPERTY (TAX NO. 342401-4-016-2001) FROM HIGH DENSITY
RESIDENTIAL TO COMMERCIAL
TAX PARCEL NO. 342401-4-016-2001.
LEGAL DESCRIPTION: SE1/4 S34, 24N, 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. CA22-05, requesting that the property legally described in Exhibit "A" be
changed from High Density Residential to "Commercial" in the Comprehensive Plan for the
future development of a 9,600 sq. ft 2-story condominium office building and a 33-stall parking
lot; and
WHEREAS, a programmatic Determination of Non -Significance was issued on
August 4, 2006: and
WHEREAS, the Planning Commission held a Public Meeting for the proposed
Comprehensive Plan Map amendment August 21, 2006; 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
Ordinance No. 018-06
Page 2 of 4
Commission Resolution No. 014-06, recommending Comprehensive Plan Map Amendment
Application No. CA22-05 be approved 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:
1. The following documents were admitted into the record as exhibits:
a. Agenda Staff Report dated September 11, 2006.
b. Planning Commission Resolution No. 014-06
c. Planning Commission Staff Report dated August 21, 2006
d. Application Packet.
e. Legal Notice/SEPA/DNS
f. Notice to Adjacent property owners
2. Director Long -Woods presented the Staff Report.
3. No members of the public testified on this matter at the City Council Public Hearing.
FINDINGS:
1. Applicant, Larry Coppola, has submitted an application for a
Comprehensive Plan Amendment, to change the current camp plan designation of an
approximate .87 acre parcel from High Density Residential to Commercial. The parcel is within
the City limits (Tax No. 342401-4-016-2001) and is located at 321 Tremont Street.
2. The site fronts Tremont Street to the south, Pottery Avenue to the east,
and Alder Lane W. to the northwest. The properties to the north and east are designated High
Density Residential. Other properties to the north and west are designated Public and
Community Spaces and High Density Residential. All surrounding properties are within the city
limits of Port Orchard.
3. The site is in an area which contains both residential and a mix of
business and medical offices. The applicant intends to rezone the property to Commercial in
the near future with a site plan specific rezone for the development of a future professional
office building.
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
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Ordinance No. 018-06
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property will be served by adequate public sewer, water supply, roads, and other needed public
facilities and services.
6. The site has access to both Pottery Avenue and Tremont Street.
CONCLUSIONS
1. Amending the Comprehensive Plan to designate the Coppola Property
(Tax No. 342401-4-016-2001) as Commercial property is appropriate under the comprehensive
plan. Changing the existing designation from High 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 Coppola Property (Tax No.
342401-4-016-2001) 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,OF a
WASHINGTON, DOES ORDAIN AS FOLLOWS:
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 High Density Residential to Commercial.
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.
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PORT ORCHARD CITY OF ORCr K36, tj + K i t s p Co, OR
Ordinance No. 018-06
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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:
Michelle Merlino, Interim City Clerk
C ty rney
KIM E. ABEL, MAYOR
Sponsored by:
Rick Wyatt, Councilman
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PORT ORCHARD CITY OF OF'C+ t;6, , p0 K i t a C 0 " 6IA
LEGAL DESCRIPTION
342401-4-016-2001
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.,
DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE -QUARTER
CORNER BETWEEN SECTIONS 34 AND 35, TOWNSHIP 24 NORTH, RANGE
1 EAST, W.M.; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION
34, A DISTANCE OF 544.99 FEET; THENCE S89*28'48 W 10.00 FEET TO THE
WEST MARGIN OF POTTERY HILL ROAD AND THE TRUE POINT OF
BEGINNING; THENCE S89*28'48 W 160.00 FEET; THENCE NORTH 163.42
FEET; THENCE S43*00'W 303.07 FEET; THENCE SOUTH 38.81 FEET TO A
POINT ON A CURVE, ON THE NORTH MARGIN OF THE COUNTY ROAD,
WHOSE RADIUS POINT BEARS S12*08'05 E 746.20 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE 151.27 FEET;
THENCE N89*28'48 E 216.57 FEET TO THE WEST MARGIN OF POTTERY
HILL ROAD; THENCE NORTH 80.00
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