1611 - Ordinance - Amending Zoning$11.00K1 1P COUNTY CASH
FILED —BY: CITY OF PORT ORCHARD
AU6 301 19941 8:24 AN
KAREN FLYNN, AUDITOR
CLERK: BEVANS
A. F. #m 9408300005
ORDINANCE NO. 161TEL 6823 FR 0743
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
.88 ACRES OF AN APPROXIMATE 3 ACRE PARCEL OF PROPERTY
LOCATED AT 1140 BETHEL ROAD (Sandy O'Donnell, contract
owner)
WHEREAS, Sandy O'Donnell, contract owner, has petitioned a zoning
ordinance amendment, requesting reclassification of .88 acres of an approximate
3 acre parcel of property located 1140 Bethel Road, 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. 212-94- ATTACHMENT "A" recommending approval of said petition, and
WHEREAS, The Council of the City of Port Orchard did hold a Public
Hearing on July 25, 1994 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.
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. 212-94 with Findings of Facts, as their
own and does hereby reclassify certain property from Residential Low to
Commercial General to allow a parking area and the conversion of a residence into
retail space, with the following 11 conditions:
1. A minimum of 30 parking spaces will be provided on site as required
in the Off Street Parking section of the Zoning Ordinance.
2. A lighting plan shall be submitted and approved prior to placement
of outdoor illumination and shall be oriented away from neighboring
residences.
3. Signage shall be in compliance with the adopted Uniform Sign Code
and must be approved by the City prior to implementation.
4. A building permit shall be obtained prior to the beginning of any
construction or demolition work on site.
A.
E:U_#C`p8.230 i7
Ordinance No. 1611
Page 2 of 2
5. All parking stalls shall be striped and marked including handicap
parking. Concrete wheel stops, at a minimum, may be used to define
parking stalls.
6. All new landscaping shall be maintained and any dead or diseased
landscaping within one year of occupancy shall be replaced.
7. A grading plan will be submitted for approval by the City
Engineer.
8. A stormwater management plan will be submitted for approval by the
City Engineer.
9. Non -living groundcover (bark, chips, etc.) shall not exceed fifty
percent of all landscaped area. All planting shall incorporate
berming or earth mounding. All required trees shall be a minimum of
six feet and no smaller than 1� inch caliper.
10. One street tree will be placed per 25 lineal feet of street
frontage.
11. One tree shall be placed per 100 square feet of required internal
landscape area.
Legal Description: ATTACHMENT "B"
PASSED by the City Council of the Cit of Port Orchard, APPROVED by
the Mayor and attested by the Clerk in authentic ion of such passage this 22nd
day of August, 1994. / //
ATTEST:
l itC7! fL
'Patricia Parks, City Clerk
APPROVED AS TO FORM:
WLAIHLKILL, MAYOR
SPONSORED BY:
ty Attorney Councilwoman Powers
Ordinance No. 1611
Attachment "A"
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 212-94
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING
COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A
RECLASSIFICATION FROM RESIDENTIAL LOW TO COMMERCIAL
GENERAL FOR THE PROPERTY LOCATED AT 1140 BETHEL AVENUE,
AS REQUESTED BY SANDRA O'DONNELL.
LEGAL DESCRIPTION: SEE EXHIBIT A. Aa F.. *: 9408300005
FEEL 0823 FR 0745
WHEREAS, a Public Hearing was held on Monday, 20 June 1994, and the
Planning Commission considered the findings and facts of the
proposal, testimony, and materials presented at the Hearing; and
WHEREAS, the applicants requested a Reclassification from
Residential Low to Commercial General to allow the creation of
additional parking and ultimately new retail space; and
WHEREAS, the Planning Commission considered the specific use
proposed to be appropriate as conditioned; and
WHEREAS, the proposed use, as demonstrated in supporting
documentation provided by the applicant and as conditioned, will
not be detrimental to the public health safety, welfare or
injurious to property and improvements in the vicinity and
therefore will be in conformance with the objectives of the
Comprehensive Plan.
WE THEREFORE FIND: that the proposed reclassification from
Residential Low to Commercial General is compatible with the
surrounding land uses and will not have a detrimental effect on the
surrounding community.
CONCLUSION, based on the facts, testimony, and materials presented
at the Hearing, we therefore conclude that the Reclassification
from Residential Low to Commercial General to allow the creation of
additional parking and retail space is in harmony with the general
purposes of the Zoning Ordinance and the Comprehensive Plan.
BE IT RESOLVED, that the Planning Commission of the City of Port
Orchard hereby respectfully requests the City Council approve a
Reclassification for the above described property with the
following conditions:
1• A minimum of 30 parking spaces will be provided on site as
required in th- Off Street Parking sect'�n of the Zoning
ordinance.
2. A lighting plan shall be submitted and approved prior to
placement of outdoor illumination and shall be oriented away
from neighboring residences.
3. Signage shall be in compliance with the adopted Uniform Sign
Code and must be approved by the City prior to implementation.
4. A building permit shall be obtained prior to the beginning of
any construction or demolition work on site.
5. All parking stalls shall be striped and marked including
handicap parking. Concrete wheel stops, at a minimum, may be
used to define parking stalls.
6. All new landscaping shall be maintained and any dead or
diseased landscaping within one year of occupancy shall be
replaced.
7. A grading plan will be submitted for approval by the City
Engineer.
8. A stormwater management plan will be submitted for approval
by the City Engineer.
9. Non -living groundcover (bark, chips, etc.) shall not exceed
fifty percent of all landscaped area. All planting shall
incorporate berming or earth mounding. All required trees
shall be a minimum of six feet and no smaller than 1 1/2 inch
caliper.
10. One street tree will be placed per 25 lineal feet of street
frontage.
11. One tree shall be placed per 100 square feet of required
internal landscape area.
PASSED this 20th day of June 1994. REEL 0823 FR 0746
ATTEST:
l L
Ma garet Kavanaugh
Associate City lanner
CITY OF PORT ORCHARD
PLANNING COMMISSION
4L'_"
0. John Hokanson, Chairman
Ordinance No. 1611
Attachment "A"
Ward C. Muller and Associates, licensed Land Surveyors
217 Sidney Avenue
Port Orchard, WA 9W66
Telephone (206)876-3443
Fac=)377-5951 A. F. *-- 940+8300005
REEL 0823 FR 0747•
August29,1994
Additional R/ W for City of Port Orchard
The Easterly 20.00 feet as measured at right angle to the Westerly right-of-way
Ene of Bethel Avenue (Formerly State Road Number 14) of the following described
tract
That portion of the Northeast quarter of the Northeast quarter and the
Southeast quarter of the Northeast quarter of Section 35, Township 24 North, Range
1 East W.M. and a portion of the Northwest quarter of the Northwest quarter and
the Southwest quarter of the Northwest quarter of Section 36, Township 24 North,
Range 1 East W.M., situate in Kitsap County, Washington more particularly
described as follows:
Commencing at the Southeast corner of the Northeast quarter of the
Northeast quarter of Section 35, Township 24 North, Range I East W.M. from which
the Northeast corner of said Section 35 bears N 1009'33" E 1331.27 feet; thence N
1°09'33" E along the line common to Section 35 and 36, Township 24 North, Range 1
East W.M. 7 rods (115.50 feet) to the TRUE POINT OF BEGINNING of the following
described tract; thence S 1009'33" W 16.50 feet; thence N 87°12'26" W, parallel with
the South line of the Northeast quarter of the Northeast quarter of said Section 35, a
distance of 242.29 feet, thence S 1009'33" W, parallel with the East line of the
Northeast quarter of the Northeast quarter of Section 35, Township 24 North, Range
1 East W.M., 99.00 feet, to a point on the South line of said Northeast quarter of the
Northeast quarter which bears N 87012'26" W 242.29 feet from the Southeast corner
of said Northeast quarter of the Northeast quarter; thence S 87°12'26" E, along the
South line of said Northeast quarter of the Northeast quarter 100.46 feet; thence
leaving said South line run S 1009'33" W, parallel with the East line of the
Northeast quarter of the Northeast quarter of Section 35, Township 24 North, Range
1 East W.M., 41.00 feet; thence S 87°12'26" E, parallel with the South line of the said
Northeast quarter of the Northeast quarter, 196.58 feet more or less to the Westerly
right-of-way line of Bethel Avenue (Formerly State Road Number 14); thence N
4008'59" E, along the Westerly right-of-way of Bethel Avenue, 22-84 feet to the
beginning of a curve to the right whose radius point bears S 85051'01" E 1462.50 feet;
thence Northeasterly along the arc of,said curve 134.98 feet more or less to a point
which bears S 88°02'09" E from the True Point of Beginning; thence N 88002'09" W
69.17 feet more or less to the TRUE POINT OF BEGINNING.
FAD
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 August 22, 1994.
4
ORDINANCE NO. 1611
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 .88
ACRES OF AN APPROXIMATE 3 ACRE PARCEL FROM RESIDENTIAL
LOW TO COMMERCIAL GENERAL FOR PROPERTY LOCATED AT 1140
BETHEL ROAD (Sandy O'Donnell, contract owner) TO ALLOW FOR A
PARKING AREA AND THE CONVERSION OF A RESIDENCE INTO
RETAIL SPACE. LEGAL DESCRIPTION AVAILABLE UPON REQUEST.
Copies of Ordinance No. 1611 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. 1611 will be provided at a nominal charge.
City of Port Orchard
Michelle Hager 0
Deputy Clerk
Publish: Port Orchard Independent
August 31, 1994