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1560 - Ordinance - Rezone PropertyNOTICE 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 14, 1992. ORDINANCE NO. 1560 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 CERTAIN PROPERTY (Chuck Childress, agent) LOCATED IN THE VICINITY OF LIPPERT DRIVE AND HIGHWAY 16. Copies of Ordinance No. 1560 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. 1560 will be provided at a nominal charge. City of Port Orchard Michelle Hager Deputy Clerk Publish: Port Orchard Independent September 30, 1992 ORDINANCE NO. 1.560 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 CERTAIN PROPERTY (Chuck Childress, agent) LOCATED IN THE V;CINITY OF LIPPERT DRIVE AND HIGHWAY 16. WHEREAS, Chuck Childress, agent has petitioned a zoning ordinance amendment, requesting reclassification of property located in the vicinity of Lippert Drive and Highway 16, 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. 187-92 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on August 24, 1992 to hear testimony of fact and conclusion as follows: FiN'DINGS OF FACT: The use requested is compatible with other uses in area. The proposed use is a permitted use within Residential High Zoning. CONCLUSION: Based on testimony, materials presented and findings of fact, the Port Orchard Citv 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 that the Ccuncil of the City of Port Orchard, Washington does hereby adopt Findings of Facts as their own and does hereby reclassify certain property from Green Belt and Residential Low to Residential High to construct 61 single family homes and four duplexes. LEGAL DESCRIPTION: ATTACHMENT "B" PASSED by the City Council of the City f Port Orchard, SIGNED by the Mayor and attested by the Clerk in authent'c ticn of such passage this 14th day of September, 1992. ATTESS LESLIE J. WEATHERILL, MAYOR Patricia Hower, City Clerk APPROVED AS TO FORM: SPONSORED BY: Attorney Councilman Geiger mini, niiurn Ordinance No. 1560 CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 187-92 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A LAND USE RECLASSIFICATION FROM RESIDENTIAL LOW AND GREEN BELT TO RESIDENTIAL HIGH FOR PROPERTY LOCATED IN THE VICINITY OF LIPPERT AVENUE AND STATE ROAD 16. LEGAL DESCRIPTION: Exhibit A WHEREAS, the applicant requested a land use reclassification from Residential Low and Green Belt to Residential High for purposes of developing a subdivision. WHEREAS, a public hearing was held on Monday, 3 August 1992, and the Planning Commission considered the facts of the proposal, testimony, and materials presented at the hearing, and WHEREAS, the Planning Commission finds the proposal is in the furtherance of health, safety, morals, and general welfare of the community, and WE THEREFORE FIND: that the proposed land use reclassification to Residential High and resulting project is compatible with surrounding land uses and will not have a detrimental effect on adjacent properties. CONCLUSION, based on the facts, testimony, and materials presented at the hearing, we therefore conclude that the reclassification from Residential Low and Green Belt to Residential High is in harmony with the general purposes of the zoning ordinance and surrounding comprehensive plan designations. BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests the City Council approve a land use designation of Residential High for the above described property. PASSED this 3rd day of August 1992 CITY OF PORT ORCHARD PLANNING COMMISSION Jo Hokanson, Chairman ATTEST �1 Patricia Hower, ity Clerk City Council Ordinance No. 1560 ATTACHMENT "B" Planning Commission Resolution No. 187-92 EXHIBIT "A" CHUCK CHILDRESS LEGAL DESCRIPTION That part of the North 18 Acres of the Northeast quarter of the Northeast quarter of Section 3, and that part of the Northwest quarter of the Northeast quarter of Section 3 lying East of State Route 16, in Township 23 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows. Beginning at the Northeast corner of said Section 3; thence along the East line of said Section 3, S 3013'07" W 571.15 ft.; thence N 88001'58" W 30.01 ft. to a point on the westerly margin of Pottery Hill Road; thence along said margin N 3013'07" E 40.01 ft.; thence N 88'01'58" W 335.10 ft. to Point "A"; thence N 3013'07" E 50.00 ft.; thence N 88001'58" W 49.99 ft.; thence N 3013'07" E 120.00 ft.; thence N 18045'25" W 53.45 ft.; thence N 3013'07" E 309.16 ft. to a point on the North line of said Section 3; thence along said North line N 88017'37" W 470.08 ft. to the TRUE POINT OF BEGINNING; thence S 0000'00" W 567.23 ft.; thence N 88001'58" W 394.01 ft., more or less, to a point on curve having radius of 5429.58 ft. on the Easterly right-of-way margin of State Route 16 from which point the radius point of said curve bears N 67005'50" E; thence along said margin clockwise (northwesterly) along said curve an arc distance of 236.33 ft. through a central angle of 2°29'38"; thence continuing along said margin S 69035'28" W 100.00 ft. to a point on a curve having a radius of 5529.58 ft. from which point the radius point of said curve bears N 69035'28" E; thence continuing along said margin clockwise (northwesterly) along said curve an arc distance of 410.73 ft. through a central angle of 4015'21" to a point on the North line of said Section 3; thence along said North line S 88017'37" E 296.65 ft. to the Northeast corner of the Northwest quarter of the Northeast quarter of said Section 3; thence continuing S 88017'37" E 407.18 ft. to the true point of beginning. TOGETHERWITH an easement for ingress, egress and the installation and maintenance of utility, lines over, under and across the following described parcel of land: Beginning at Point "A" hereinabove defined; thence S 88'01'58" E 335.10 ft. to a point on the westerly margin of Pottery Hill Road; thence along said margin S 3013'07" W 40.01 ft.; thence N 88001'58" W 843.27 ft.; thence N 0000'00" E 65.04 ft.; thence S 88001'58" E 100.00 ft.; thence S 67°06'31" E 70.00 ft. thence S 88001'58" E 345.89 ft. to point "A". The above described tract comprises an area of 7.42 Acres. Together with, approximately the West 1\2 of the following described parcel. Lots B, C and D of Short Plat No. 5-1045 recorded under Auditor's File No. 8602240110; CONTINUED: City Council Ordii. Ace No. 1560 ATTACHMENT "B" Planning Commission Resolution No. 187-92 EXHIBIT "A" ALSO That portion of the Southeast quarter of the Southeast quarter of Section 34, Township 24 North, Range 1 East, W.M., described as follows: Beginning at a point 30 feet West and North 0023' East 331 feet from the Southeast corner of said Section; thence North 8900' West 1290 feet; thence North 0023' East 331 feet; thence South 8900' East 1290 feet; thence South 0023' East 331 feet to Point of Beginning; EXCEPT the West 2 acres thereof; AND EXCEPT portions lying within Short Plat No. 5-1045 recorded under Auditor's File No. 8602240110; ALSO That portion of the Southeast quarter of the Southeast quarter, Section 34, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at a point which is 30 feet West from the Southeast corner of said Section 34; thence North 89000' West 1290.0 feet; thence North 0023' East 331.0 feet; thence South 89000' East 1290.00 feet; thence South 0023' West 331.0 feet to the Point of Beginning; EXCEPT portions lying within Short Plat No. 5-1045 recorded under Auditor's File No. 8602240110; Situate in Kitsap County, Washington.