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Home My WebLink About1511 - Ordinance - Reclassifying Property Located on the SE Corner of Pottery Ave and Lippert DrORDINANCE NO. 1511 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 (Prime Pacific Partners, owner of record) LOCATED ON THE SOUTHEAST CORNER OF POTTERY AVENUE AND LIPPERT DRIVE. WHEREAS, Prime Pacific Partners, owner of record, has petitioned a zoning ordinance amendment, requesting reclassification of property located on the southeast corner of Pottery Avenue and Lippert Drive. 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. 166-91 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on April 8, 1991 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 Multiple Family 20 Zoning. 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 that the Council of the City of Port Orchard, Washington does hereby adopt Planning Commission Resolution No. 166-91 with Findings of Facts and recommended conditions (amending Planning Commission Condition No. 6 to include fencing per Council Action 4/8/91) as their own and does hereby reclassify certain property from Residential High to Multiple Family 20 to allow construction of 39 apartment units. LEGAL DESCRIPTION: That portion of the northwest quarter of the northwest quarter in Section 2, Township 23 North, Range 1 East, W.M. City of Port Orchard, County of Kitsap, State of Washington, described as follows: Beginning at the Northwest corner of said section 2; thence South 03 13' 07" West along the West line of said subdivision, 1294.52 feet; thence South 88 31' 05" East, 350 feet to the TRUE POINT OF Ordinance No. 1511 Page Two BEGINNING; thence parallel with said West line North 03 13' 07" East, 429.40 feet; thence parallel with the centerline of Lippert Drive North 88 01' 58" West, 18.91 feet; thence parallel with said West line North 03 13' 07" East, 291.00 feet to the Southerly margin of Lippert Drive; thence along said Southerly margin South 88 01' 58" East, 287.62 feet; thence South 02 56' 52" West, 848.00 feet to the South line of said subdivision; thence along said South line North 88 31' 05" West, 272.78 feet to a point lying South 03 13' 07" West from the TRUE POINT OF BEGINNING; thence parallel with the West line of said subdivision North 03 13' 07" East, 130.00 feet to the TRUE POINT Of BEGINNING. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 22nd d of April, 1991. LESLIE J. WEATHERILL, MAYOR ATTEST: Patricia Flower, City Clerk APPROVED AS TO FORM: al City At rney Sponsored by: 1-16 unci man Clauson Ordinance No. 1511 CITY OF PORT ORCHARD Attachment "All PLANNING COMMISSION RESOLUTION NO. 166-91 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A LAND USE RECLASSIFICATION FROM RESIDENTIAL HIGH TO MULTIPLE FAMILY 20, AS SUBMITTED BY PRIME PACIFIC PROPERTY, 748 MARKET STREET, SUITE 200, TACOMA, WA 98402. LEGAL DESCRIPTION: That portion of the northwest quarter of the northwest quarter in Section 2, Township 23 North, Range 1 East, W.M. City of Port Orchard, County of Kitsap, State of Washington, described as follows: Beginning at the Northwest corner of said section 2; thence South 03 13' 07" West along the west line of said subdivision, 1294.52 feet; thence South 88 31' 05" East, 350 feet; thence parallel with said West line North 03 13' 07" East, 429.40 feet; thence parallel with the centerline of Lippert Drive North 88 01' 58" West, 18.91 feet to the TRUE POINT OF BEGINNING; thence continuing North 88 01' 58" West, 291.00 feet to the Easterly margin of Lippert Drive; thence along said Easterly margin North 03 13' 07" East, 291 feet to the Southerly margin of said Lippert Drive; thence along said Southerly margin South 88 01' 58" East, 291 feet; thence parallel with said Easterly margin South 03 13' 07" West, 291 feet to the TRUE POINT OF BEGINNING. Containing 1.94 Acres, more or less. WHEREAS , the applicant has requested a Land Use Reclassification to Multiple Family 20 to construct thirty-nine apartment units. WHEREAS , a public hearing was held on Monday, 18, March 1991, and the Planning Commission considered the findings of facts, testimony, and materials presented at the hearing, and WHEREAS , a SEPA checklist has been submitted and has received a declaration of non -significance, and WHEREAS , the proposed use is compatible and will not be detrimental to existing uses in the neighborhood, and WE THEREFORE FIND that the proposed Land Use Reclassification is consistent with future development trends in the neighborhood and will not be detrimental to existing uses in the area, CONCLUSION , Based on the findings of facts, testimony, and - materials presented at the public hearing, we therefore conclude that a Land Use Reclassification from Residential High to Multiple Family is in harmony with the general purposes and intent 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 that the City Council approve a land use designation of Multiple Family 20 for the above described property with seventeen conditions of approval: 1. A landscape plan shall be submitted and approved prior to building permit approval. Special attention shall be given to the site perimeter, site entrances, and open space building separations. 2. A fifteen (15) foot minimum landscape setback shall be maintained along Pottery Avenue and Lippert Drive. 3. Planting materials shall be installed prior to building occupancy. 4. A bond shall be submitted to insure that all landscape materials will be replaced within one (1) year after date of planting if found dead or diseased. 5. A drip and underground sprinkler system shall be installed and operational prior to project completion. wk.a�_ In0jujq5 Fanoj 6. A property maintenance agreement./shall be signed and recorded, and shall run with the land. 7. A five (5) foot minimum curvilinear street sidewalk shall be installed per city standards. S. Approved two (2) inch caliper street trees shall he planted along Pottery Avenue and Lippert Drive in twenty-five (25) foot intervals. Trees shall be replaced at the property owner's expense if found dead or diseased. 9. Fire hydrant locations and related improvements shall be approved by the fire department prior to building permit approval. 10. Signage shall consist of no more than two (2) monument signs constructed of natural materials (not to exceed 32 sq. ft. each). Directional and informational signs shall also be constructed of natural materials. 11. Parking stalls shall be striped and marked. Handicapped parking areas shall be marked and identified. 12. To mitigate offsite drainage, planting materials within the biofiltration swale shall be installed prior to construction. 13. Offsite drainage during all phases of construction shall be detained on site using hay bales, silt barriers, etc. 14. The proponent agrees to participate in the future installation of a traffic light at the intersection of Pottery Avenue and Lippert Drive and/or participate in any improvements deemed necessary by the City Engineer. 15. A six foot wood fence with stone or masonry pillars shall be installed along the rear and sides of the development. 16. The stormwater detention system shall comply with the Department of Fisheries requirements. 17. A stormwater culvert, or another system required by the Department of Fisheries, shall be installed along Pottery Avenue to direct drainage to the May/Pottery Wetland. The culvert system shall consist of a minimum of four (4) catch basins and a twelve (12) inch culvert. PASSED this 18th day of March 1991. CITY OF PORT ORCHARD PLAN ING COISSION hn Hokanson, Chairman ATTEST : 1�uth Strube, Secretary