1685 - Ordinance - Amending Ordinance No. 1469 Amending Area and Use MapsCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
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ORDINANCE NO. 1685
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON AMENDING PORT ORCHARD ZONING
ORDINANCE NO. 1469; BY AMENDING THE AREA AND USE
MAPS THEREOF, RECLASSIFYING 1.13 ACRES TO ALLOW A
DEVELOPMENT OF FOUR (4) DUPLEX LOTS AND ONE (1) LOT
LINE ADJUSTMENT TO ENLARGE A POTENTIAL DUPLEX LOT
TO 9,000 SQUARE FEET ON THE SOUTH SIDE OF POPLAR
STREET NEAR THE 300 BLOCK (James D. Formiller, applicant).
Tax Account Nos. 352401-3-021-2005 & 352401-3-0222-2004 Legal Description:
Section 35, Township 24, Range 1 East. SEE EXHIBIT A
WHEREAS, the applicant, James D. Formiller of Timberline Development and their
representative, Map Limited, have petitioned a zoning ordinance amendment, requesting
reclassification of 2.38 acres of property located on the north and south side of Poplar Street
near the 300 block, and
WHEREAS, affected property owners may request a change in valuation for
property tax purposes notwithstanding any program of revaluation, and
WHEREAS, the City of Port Orchard Planning Commission has transmitted to the
Council of the City of Port Orchard, Washington Resolution No. 277-97 recommending denial of
the orginal petition, and
WHEREAS, the Council of the City of Port Orchard did hold a Public Hearing on
June 23, 1997 and did table the project to allow the applicant to modify the petition considered
by the Planning Commission in the form of a reduction of proposed reclassification area (to 1.13
acres), and
WHEREAS, the Council of the City of Port Orchard did remove the project from
the table during a Public Hearing on July 14, 1997 to hear testimony of fact and conclusion on
the amended petition as follows:
FINDINGS OF FACT: The proposed use, as conditioned, complies
with existing development standards.
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0WS 0 5 A Ordinance No. 1685
CITY OF PORT ORCHARD ORD Page 2 of 3
The use requested is compatible with other uses in area.
The proposed use is a permitted use within the Residential High
zone.
CONCLUSION: Based on testimony, materials presented and
findings of fact, the Port Orchard City Council does hereby
conclude that granting this zone reclassification would not be
detrimental to the health, safety, morals and general welfare of the
community, now, therefore,
THE COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DO
ORDAIN AS FOLLOWS: the Council of the City of Port Orchard does hereby reclassify 1.13
acres on two parcels from Residential Low to Residential High, to allow four (4) duplex lots and
one (1) lot line adjustment to enlarge a potential duplex lot to 9,000 square feet on the south
side of Poplar Street near the 300 block, with the following 15 conditions:
1. One (1) street tree with a minimum height of 6 feet and 1Y2 inches in diameter
shall be installed within the front yard of each dwelling unit (i.e., two (2) street
trees per duplex) prior to Certificate of Occupancy.
2. Buildings, including accessory uses, shall cover not more than 40% of the total
lot area.
3. The required off-street parking spaces shall not occupy more than 50% of the
required front yard setback.
4. A revised site plan shall be submitted showing all setbacks being met for the
structures and the second required parking space on all sites.
5. The reclassification shall be valid for a period of 18 months. If substantial
progress toward construction has not occurred at the expiration of this time
period, the City Council may revoke the new land use reclassification or approve
an 18 month time extension with conditions.
6. All water system improvements will be complete and the asbuilt drawings will be
accepted by the City prior to any building permit Certificate of Occupancy being
issued.
7. All sewer system improvements will be complete and the asbuilt drawings
accepted by the City prior to any building permit Certificate of Occupancy being
issued.
8. The roads and cul de sacs will be private and not be maintained by the City.
9. The Developer shall pay $100 for two (2) stop signs to be installed by the City.
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3 of 3 o. 1685
CITY OF PORT ORCHARD ORD g
10. The stormwater system shall be designed in accordance with the Department of
Ecology standards. (The preliminary design for the parcels appears to be
consistent with this requirement.)
11. All stormwater system improvements including installation of a six (6) foot tall
fence around the detention pond as per plan must be complete prior to issuance
of any Certificate of Occupancy.
12. Prior to final plat approval, the developer shall pay $1,500 for City playground
equipment.
13. The Fire Chief will determine if a hydrant is required at the Poplar Street/Sidney
Avenue intersection.
14. To reduce the impact to the school system, mitigation fees will be paid at the time
of building permit issuance, if the City adopts a general implementing ordinance
of the school impact fees prior to the date that a complete building permit
application is accepted. The proponent can also mitigate the impact to the school
system by negotiating a settlement with the South Kitsap School District.
15. The Developer shall apply for and be issued addresses for all the units prior to
building permit issuance.
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 28th day of July, 1997.
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM:
City Attorney
LESLIE J. WEATHERILL, MAYOR
SPONSORED BY:
Councilwom Powers
ordinance No. 1685
"EXHIBIT All
Timberline Development's Poplar Street Properties
LEGAL DESCRIPTIONS
352401-3-022-2004
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER IN
SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY MARGIN OF POPLAR
ROAD FORMERLY CHOUINARD ROAD AND THE WESTERLY MARGIN OF SIDNEY
ROAD; THENCE NORTH 89' 32' WEST ALONG SAID SOUTHERLY MARGIN 250
'FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE CONTINUING NORTH 89' 32' WEST, ALONG SAID SOUTHERLY MARGIN
TO A POINT WHICH IS 219.65 FEET EAST OF THE WEST LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 224.22
FEET; THENCE EAST TO A POINT WHICH IS SOUTH 0' 28' WEST OF THE TRUE
POINT OF BEGINNING; THENCE NORTH 0' 28' EAST TO THE POINT OF
BEGINNING;
SITUATE IN KITSAP COUNTY, WASHINGTON;
352401-3-021-2005'
THE WEST 50 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND, TO -WIT;
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY MARGIN OF POPLAR
ROAD, FORMERLY CHOUINARD ROAD AND THE WESTERLY MARGIN OF SIDNEY
ROAD; THENCE NORTH 89' 32' WEST ALONG THE SOUTHERLY MARGIN OF SAID
POPLAR ROAD 250 FEET; THENCE SOUTH 00' 28' WEST 100 FEET; THENCE
SOUTH 89' 32' EAST TO THE WESTERLY MARGIN OF SIDNEY ROAD; THENCE
NORTH 18' 41' EAST ALONG SAID WESTERLY MARGIN TO THE POINT OF
BEGINNING;
SITUATE IN KITSAP COUNTY, WASHINGTON.
352401-3-024-2002
"TOTAL PARCEL"
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER,
SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT 20 FEET EAST OF THE NORTHWEST CORNER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M.; RUNNING THENCE ALONG THE NORTH LINE OF
SAID SUBDIVISION N 89' 14' 20" E - 439.30 FEET; THENCE S 02' 07'
E - 227.11 FEET TO THE NORTH MARGIN OF RIGHT-OF-WAY OF POPLAR
STREET AS PER DEED IN VOLUME 311, PAGE 105 OF KITSAP COUNTY
RECORDS; THENCE ALONG SAID MARGIN OF ROAD S 89' 23' 40" W - 439.30
FEET; THENCE N 02' 09' W - 225.81 FEET TO THE POINT OF BEGINNING;
EXCEPT THE WEST 200 FEET OF THE SAID TRACT;
SITUATE IN KITSAP COUNTY, WASHINGTON.
#4997. 00 IIIII IIPORT
I I !III III III IIII II I I I II 08 0394 of70 08 52A
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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 July 28, 1997.
ORDINANCE NO. 1685
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING PORT ORCHARD ZONING ORDINANCE NO.1469; BY AMENDING
THE AREA AND USE MAPS THEREOF, RECLASSIFYING 1.13 ACRES TO
ALLOW A DEVELOPMENT OF FOUR (4) DUPLEX LOTS AND ONE (1) LOT
LINE ADJUSTMENT TO ENLARGE A POTENTIAL DUPLEX LOT TO 9,000
SQUARE FEET ON THE SOUTH SIDE OF POPLAR STREET NEAR THE 300
BLOCK (James D. Formiller, applicant).
Copies of Ordinance No. 1685 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. 1685 will be provided at a nominal
charge.
City of Port Orchard
Michelle Merlino
Deputy City Clerk
Publish: Port Orchard Independent
August 6, 1997