1648 - Ordinance - Amending Ordinance 1469 ZoningI
ORDINANCE NO. 1648
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
.66 ACRES INTO THREE (3) DUPLEX LOTS FOR PROPERTY
LOCATED ON THE WEST PROPERTY LINE OF 2410 SIDNEY AVENUE,
(Jerry Loudon, applicant).
WHEREAS, the contract purchaser, Jerry Loudon and his representative
Map, LTD., has petitioned a zoning ordinance amendment, requesting
reclassification of .66 acres of property located on the west property line of
2410 Sidney Avenue, and
WHEREAS, The City of Port Orchard Planning Commission has transmitted
to the Council of the City of Port Orchard, Washington a copy of their Resolution
No. 259-96- ATTACHMENT "A" recommending approval of said petition, and
WHEREAS, The Council of the City of Port Orchard did hold Public
Hearings on February 12, 1996 to hear testimony of fact and conclusion as
follows:
FINDINGS OF FACT: The use requested is compatible with
other uses in area.
The proposed use is a permitted use within Residential
High.
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, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON THAT: The Council of the City of Port Orchard does hereby
adopt Planning Commission Resolution No. 259-96 with Findings of Facts, as their
own and does hereby reclassify certain property from Residential Low to
Residential High to allow a subdivision of approximately .66 acres into three (3)
duplex lots.
Legal Description: ATTACHMENT "B"
A
Ordinance No. 1648
Page Two of Two
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 26th
day of February, 1996.
ATTEST: /
Pat icia Parks, City Clerk
APPROVED AS TO FORM:
ty Attorney
1---4
LESLIE J. WEATHERILL, MAYOR
SPONSORED BY:
Councilman Geiger
ordinance No. 1648
Attachment "A"
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 259-96
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING
COMMISSION REQUESTING THE CITY COUNCIL APPROVE A
RECLASSIFICATION FROM RESIDENTIAL LOW TO RESIDENTIAL HIGH
WHICH WOULD ALLOW A SHORT PLAT OF .66 ACRES INTO THREE (3)
DUPLEX LOTS LOCATED ON THE WEST PROPERTY LINE OF 2410 SIDNEY
AVENUE.
LEGAL DESCRIPTION:
THE NORTH 100 FEET AS MEASURED ALONG THE WEST LINE OF THE
FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 2,
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID SUBDIVISION THENCE SOUTH 321.5 FEET;
THENCE EAST 607.5 FEET MORE OR LESS, TO THE FORMER COUNTY
ROAD (NOW SIDNEY STREET); THENCE NORTHEASTERLY ALONG SAID
COUNTY ROAD 327.5 FEET; THENCE WEST 700 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING; EXCEPT THE EAST 250 FEET THEREOF AND
EXCEPT THE PORTION CONVEYED TO THE STATE OF WASHINGTON BY
DEEDS RECORDED UNDER AUDITOR FILE NUMBERS 637999 & 1078216;
SUBJECT TO/AND TOGETHER WITH EASEMENTS OF RECORD.
WHEREAS, a Public Hearing was held on Monday, January 15, 1996, and the Planning
Commission considered at length the findings and facts of the proposal, testimony, and materials
presented at the Hearing; and
WHEREAS, the applicants requested approval to Reclassify .66 acres from Residential
Low to Residential High which would allow a short plat of three (3) duplex lots; and
WHEREAS, the lot sizes are consistent with the Residential High requirements for duplex
lots; and
WHEREAS, this proposal increases the variety of housing choices and increases the
housing density in an appropriate zone; and
WHEREAS, the development does therefore comply with the Comprehensive Plan and
Zoning Ordinance and is consistent with the objectives outlined therein.
WE THEREFORE FIND: That the Reclassification is compatible with surrounding land
uses and will not have a detrimental effect on the surrounding community.
A
Ordinance No. 1648
Attachment "A"
Planning Commission
Resolution Number 259-96
Page 2
CONCLUSION: Based upon the facts, testimony, and materials presented at the
Hearing, we therefore conclude that the Reclassification from Residential Low to Residential
High which would allow a short plat of .66 acres into three (3) duplex lots would be in harmony
with the general purposes of the Zoning Ordinance and Comprehensive Plan.
BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby
requests the City Council to approve the Reclassification for the above described property subject
to the following conditions:
PLANNING
1. One (1) street tree with a minimum height of 6 feet and 11/2 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.
WATER
4. 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.
SEWER
5. 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.
STREET
6. The street shall have a minimum 20 foot paved travelway.
7. The turn around at the west end of the street shall be approved by the City Fire
Department.
8. The street shall not be a City street.
STORMWATER
9. The stormwater system shall be designed and constructed to meet the standards that are
in effect at the time of the issuance of the excavation or building permit.
10. All areas that have been disturbed during construction, but not constructed upon by 1
October of the year shall be hydroseeded or covered with straw to minimize sediment
erosion.
A
Planning Commission
Resolution Number 2' ordinance " 1648
Attachment A
Page 3
11. The stormwater system shall be designed by a professional engineer.
12. All stormwater system improvements will be complete prior to issuance of any Certificate
of Occupancy.
SURVEYING
13. All lots will be surveyed and recorded.
FIRE
14. Hydrant must be located at the roadway entry and shall be equipped with 5-inch Storz
fitting.
15. A turn around on Lot A is required for emergency vehicles. A 20 foot undisturbed
roadway is required for emergency vehicle access.
MISCELLANEOUS
16. 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.
PASSED this 15th day of January, 1996.
ATTEST:
Julie M. rown
Code Enforcement/Associate Planner
CITY OF PORT ORCHARD
PLANNING COMMISSION
0. John Hokanson, Chairman
e
Ordinance No. 1648
Attaclmient "B"
LOUDON REZONE
LEGAL DESCRIPTION
The North 100 feet as measured along the West line of the following described
property: That portion of the Northwest quarter of the Southwest quarter, Section
2, Township 23 North, Range 1 East, W.M., in Kitsap County, Washington,
described as follows: Beginning at the Northwest corner of said subdivision thence
South 321.5 feet; Thence East 607.5 feet more or less, to the former County Road
(now Sidney Street); thence Northeasterly along said County Road 327.5 feet; thence
West 700 feet, more or less, to the point of beginning; except the East 250 feet
thereof and except the portion conveyed to the State of Washington by deeds recorded
under Auditor File Numbers 637999 & 1078216; subject to/and together with
easements of record.
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 February 26, 1996.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1469; BY
AMENDING THE AREAAND USE MAPS THEREOF, RECLASSIFYING .66
ACRES INTO THREE (3) DUPLEX LOTS FOR PROPERTY LOCATED ON
THE WEST PROPERTY LINE OF 2410 SIDNEY AVENUE, (Jerry Loudon,
Applicant). LEGAL DESCRIPTION AVAILABLE UPON REQUEST.
Copies of Ordinance No. 1648 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. 1648 will be provided at a nominal charge.
City of Port Orchard
Michelle Hager
Deputy Clerk
Publish: Port Orchard Independent
March 6, 1996