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1670 - Ordinance - Amending Ordinance No. 1469 Amending ZoningCity of Port Orchar,' 216 Prospect Stree Port Orchard, WA 98s66 ORDINANCE NO. 1670 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 .43 ACRES TO ALLOW A DEVELOPMENT OF A TWO (2) STORY PROFESSIONAL OFFICE BUILDING, UPON THE DEMOLITION OF THE EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 2497 BETHEL AVENUE, (Doug and Dee Eide, applicant). Tax Account No. 362401-3-010-2007 Legal Description: Section 36, Township 24, Range 1 east. The west 135 feet of the following: beginning 50 rods north of southwest corner of northwest of the 1/4 southwest 1/4 thence easterly on a line lying parallel with and 50 rods distant north of south line of northwest 1/4 of the southwest 1/4 to point on the westerly margin of the County road then N89 20'E along road 141.65 feet then S89 20'W to a point on the west line of the northwest 1/4 of the southwest 1/4 to beginning excepting road. WHEREAS, the applicant, Doug and Dee Eide (aka D&D Enterprises) and their representative, Mel Holgerson, P.E., has petitioned a zoning ordinance amendment, requesting reclassification of .43 acres of property located 2497 Bethel Avenue, 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 a copy of their Resolution No. 267-96 ATTACHMENT "A" recommending approval of said petition, and WHEREAS, the Council of the City of Port Orchard did hold Public Hearing on December 9, 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 Commercial General. Ordinance No. 1670 Page 2 of 3 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 THAT: the Council of the City of Port Orchard does hereby adopt Planning Commission Resolution No. 267-96 with Findings of Facts, as their own and does hereby reclassify certain property from Residential Low to Commercial General, to allow a development of a two (2) story professional office building, .43 acres of property located at 2497 Bethel Avenue, upon demolition of the existing single family residence, with the following 12 conditions: 1. A revised site plan including the following shall be submitted to and approved by the Public Works Department prior to issuance of any permits: a. Relocating the required front yard street trees within 10 feet of the "new" property line after the 20 foot dedication. b. Five (5) additional trees shall be provided in the parking lot landscape island and nearby as required in the Zoning Code. 2. Sign permit is required prior to installation. The sign shall not exceed 140 square feet and comply with the Zoning Ordinance Chapter 5.6.B(8) and (9). Any sign requested in the public right-of-way shall be reviewed separately by the City Council. 3. 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. 4. The west 20 feet of the property must be deeded to the City as right-of-way in accordance with Resolution Number 1482 prior to issuance of a building permit. 5. The design of the stormwater system will be consistent with Department of Ecology standards. 6. The property will connect to the City's sanitary sewer system, prior to occupying the new building. 7. All landscaped areas shall be irrigated by automatic sprinklers. An irrigation and lighting plan shall be submitted prior to issuance of any permits. December 9, 1996 Page 3 of 6 8. All planting materials found dead or diseased within one (1) year of installation shall be replaced at the property owners expense. 9. Fireflow in conformance with the Uniform Fire Code will be required. 10. The City Engineer will approve the sewer pump design prior to its installation. 11. The developer will shift the parking lot approximately 5 feet toward the front lot line to provide for additional vehicle back-up space in the back of the parking lot, where the dumpster is located. 12. Additional planting strip to be added along the front of the structure and landscape screening added around the dumpster. 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 23rd day of December, 1996. ATTEST: Patricia Parks, City Clerk APPROVED AS TO FORM: LESLIE J. WEATHERILL, MAYOR SPONSORED BY: Councilman Clauson ordinance No. 167o Attachment "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 267-96 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION REQUESTING THE CITY COUNCIL APPROVE A RECLASSIFICATION FROM RESIDENTIAL LOW TO COMMERCIAL OFFIC E BUILDING OWHICH N 3ACRESWLOCATED AT 24497 ON B1;THEL AVENUE - LEGAL TAX ACCOUNT NUMBER 362401-3-010-2007 WHEREAS, a Public Hearing was held on Monday, October 21, 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 applicant requests approval to Reclassify .43 acres from Residential Low f office to Commercial General which would allow construction of a two (2) story professional building; and WHEREAS, the proposal is consistent with the Commercial General requirements; and WHEREAS, this proposal complies with City standards for utilities, stormwater and fireflow; and WHEREAS, this proposal provides the required off-street parldng and access for the disabled; and WHEREAS, this proposal complies with Resolution Number 1482; 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. CONCLUSION: Based upon the facts, testimony, and materials presented at the Hearing, we therefore conclude the Reclassification from Residential Low to Commercial General which would allow development of a two (2) story professional office building on .43 acres be in harmony with the general purlwses of the 'Zoning Ordinjuice tuid Comprehensive Plan. ' BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby requests that the City Council approve the Reclassification for the above described property subject to the following conditions: Planning Commissic Ordinance No. 1670 Resolution Number 267-96 Page 2 1. A revised site plan including the following shall be submitted to and approved by the Public Works Department prior to issuance of any permits: a. Relocating the required front yard street trees within 10 feet of the "new" property line after the 20 foot dedication. b. Five (5) additional trees shall be provided in the parking lot landscape island and nearby as required in the Zoning Code. 2. Sign permit is required prior to installation. The sign shall not exceed 140 square feet and comply with the Zoning Ordinance Chapter 5.6.B(8) and (9). Any sign requested in the public right-of-way shall be reviewed separately by the City Council. 3. 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. 4. The west 20 feet of the property must be deeded to the City as right-of-way in accordance with Resolution Number 1482 prior to issuance of a building permit. S. The design of the stormwater system will be consistent with Department of Ecology standards. 6. The property will connect to the City's sanitary sewer system, prior to occupying the new building. 7. All landscaped areas shall be irrigated by automatic sprinklers. An irrigation and lighting plan shall be submitted prior to issuance of any permits. 8. All planting materials found dead or diseased within one (1) year of installation shall be replaced at the property owners expense. 9. Fireflow in conformance with the Uniform Fire Code will be required. 10. The City Engineer will approve the sewer pump design prior to its installation. PASSED this 21st day of October, 1996. CITY OF PORT ORCHARD PLANNING COM S N 62, o. i rti O. ohm Hokanson, Chairman A Julie M. Brown Code Enforcement/Associate Planner 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 December 23, 1996. ORDINANCE NO. 1670 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 .43 ACRES TO ALLOW A DEVELOPMENT OF A TWO (2) STORY PROFESSIONAL OFFICE BUILDING, UPON THE DEMOLITION OF THE EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 2497 BETHEL AVENUE, (Doug and Dee Eide, Applicant). Copies of Ordinance No. 1670 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. 1670 will be provided at a nominal charge. City of Port Orchard Michelle Hager Deputy City Clerk Publish: Port Orchard Independent January 1, 1997