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1488 - Ordinance - Rezoning PropertyORDINANCE NO. 1488 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 (N.L. Olson & Associates, owner of record) LOCATED AT 2453 BETHEL AVENUE. WHEREAS, N.L. Olson & Associates, owner of record, has petitioned a zoning ordinance amendment, requesting reclassification of property located at 2453 Bethel Avenue as described in said petition, 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. 149-90 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on June 11, 1990 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 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. 149-90 with Findings of Facts and recommended conditions as their own and does hereby reclassify certain property from Residential Low to Commercial General with the following revised condition to allow two access point for ingress/egress. LEGAL DESCRIPTION: Section 36, Township 24 North, Range 1 East WM, Kitsap County: A portion of the northwest quarter, southwest quarter described as follows: Beginning at a point on the east right of way margin of State Highway 14 (Bethel Avenue) from which the west quarter corner of said section 36 bears S 89* 24' W 47.35 feet, thence N 89* 24' E 173 feet, thence S 2* 51' 43" W 125 feet, thence westerly to a point on the easterly margin of State Highway 14 which is S 2* 51' 43" W 125 feet from the point of beginning, thence N 2* 51'43" E 125 feet to the point of beginning. Ordinance No. 1488 Page Two PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Cler in authentication of such passage this 25th day of June, 1990. LESLIE J. WEATHERILL, MAYOR ATTEST: G Patricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored by: Councilman Geiger ATTACHMENT "A" Ordinance No. 1488 CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 149-90 A RESOLUTION BY THE PORT ORCHARD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION FROM RESIDENTIAL LOW TO COMMERCIAL GENERAL ON THE BELOW DESCRIBED PROPERTY LOCATED AT 2453 BETHEL AVENUE, SUBMITTED BY N.L. OLSON AND ASSOCIATES LEGAL DESCRIPTION: Section 36, Township 24 North, Range 1 East WH, Kitsap County: A portion of the northwest quarter, southwest quarter described as follows: Beginning at a point on the east right of way margin of State Highway 14 (Bethel Avenue) from which the west quarter corner of said Section 36 bears S 89* 24' W 47.35 feet, thence N 89* 24' E 173 feet, thence S 2* 51' 43" W 125 feet, thence westerly to a point on the easterly margin of State Highway 14 which is S 2* 51' 43" W 125 feet from the point of beginning, thence N2* 51" 43" E 125 feet to the point of beginning. WHEREAS, the applicant has requested a rezone from Residential Low to Commercial General in order to convert an existing residence to professional offices at 2453 Bethel Avenue, WHEREAS, a public hearing was held on 21 May 1990 and the Planning Commission considered the findings of fact, the testimony and material presented at the hearing, and WHEREAS, a SEPA checklist has been submitted and has received a declaration of non -significance, and WHEREAS,the neighborhood is in transition from a residential area to a commercial area, and WHEREAS, the site is zoned Commercial General on the Comprehensive Plan, and WHEREAS, the applicants have agreed to meet all the conditions required by the City: WE THEREFORE FIND: that a zone reclassification to Commercial General is a reasonable extension of the commercial district and the proposed use is compatible with the existing uses of the neighborhood. CONCLUSION: Based on the findings of fact, the testimony and materials presented at the public hearing, we therefore conclude that a designation of Commercial General on the property located at 2453 Bethel Avenue would be in harmony with the general purposes and intent of the zoning ordinance and comprehensive plan. AIFACHMENT "A" Ordinance No. 1488 Page 2 5/21/90 Resolution #149-9� BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests that the City Council approve the zone reclassification from Residential Low to Commercial General on the above described property, subject to the following conditions: 1. That an agreement, concomitant with the rezone, be signed and recorded, securing the City the right to construct and assess for: a sewer main, water main with fire hydrants and road improvements, to mitigate the impacts of commercial development. 2. Ingress and egress are limited to the side of the property as shown on the site plan. 3. A 20-foot width of property along Bethel Avenue be dedicated to the City for future road and drainage improvements. 4. A storm water detention system, as approved by the City Engineer, be installed, if the parking lot is paved. PASSED this 21st day of May 1990. CITY OF PORT ORCHARD PLANNING COMMISSION Lee Caldwell Acting Chairman uth Strube Secretary planning staff rpts/olson.res 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 June 25, 1990. ORDINANCE NO. 1488,/- 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 (N.L. Olson & Associates, owners of record) LOCATED AT 2453 BETHEL AVENUE FROM RESIDENTIAL LOW TO COMMERCIAL GENERAL. Copies of Ordinance No. 1488 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. 1488 will be provided at a nominal charge. City ` Port Orcha atricia Hower City Clerk Publish: Port Orchard Independent July 18, 1990 Post -it' brand fax transmittal memo 7671 # of pages � From E( Dept. Phone # Fax # Fax # n,:P_A :