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1497 - Ordinance - Amending ZoningORDINANCE NO. 1497 f 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 SOUTH LIPPERT DRIVE APPROXIMATELY 300 FEET EAST MEASURED FROM THE CORNER OF LIPPERT DRIVE AND POTTERY AVENUE. WHEREAS, Prime Pacific Partners, owner of record, has petitioned a zoning ordinance amendment, requesting reclassification of property located on the corner of Lippert Drive and Pottery Avenue. 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. 158-90 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on November 26, 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 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. 158-90 with Findings of Facts and recommended conditions as their own and does hereby reclassify certain property from Residential High to Multiple Family 20 with the following revised Planning Commission condition #9: to require a 6 foot chain link fence with appropriate screening along the rear and sides of the development. LEGAL DESCRIPTION: That portion of the northwest quarter of the northwest quarter in Section 2, Township 2, Township 23 North, Range 1 East, W.M., City of Port Orchard, County of Kitsap,State of Washington, described as follows: Ordinance No. 1497 Page Two Beginning at the northwest corner of said section 2; thence south 03 13107" west along the west line of said subdivision, 1294.52 feet; thence south 88 31'05" east, 350 feet to the TRUE POINT OF 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 01158" 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 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 by7 the Clerk in authentication of such passage this 10th of December, 1990. ATTEST: Patricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored by: ouncilman Clauson 4�A�L LESLIE J. WEATHERILL, MAYOR ORDINANCE NO. 1497 ATTACHMENT "A" CITY OF ?CRT ORCHARD ?LANNING COMMISSION RESOLUTION NO. 158-90 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION FROM RESIDENTIAL HIGH TO MULTIPLE FAMILY, 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 83 31' 05" East, 350 feet to the TRUE POINT OF BEGINNING; thence parallel with said West line North 03 13' 07" East, 429.40 feet; thence parallel with the centerline of Lippert Drive North 33 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, 237.52 feet; thence South 02 56' 52" West, 343.00 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. WHEREAS the applicant has requested a rezone to Multiple Family in order to construct approximately 103 dwelling units. WHEREAS , a public hearing was held on Monday, 15 October 1990, and the P'_anning Commission considered the=iadings 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 with and not detrimental to existing uses in the neighborhood, and WHEREAS , the site is adequate in size and shape to accommodate the development as proposed, and WHEREAS the applicants have agreed to meet all conditions required by the City, and WE THEREFORE FIND : that the proposed rezone 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 rezone from Residential High to Multiple Family would be in harmony with the general purposes and intent of the zoning ordinance and surrounding comprehensive plan designations. ORDINANCE NO. 1497 ATTACHMENT "A" BE IT RESOLVED , that the Planning Commission of the City of Port Orchard hereby respect`_ully requests that the City Council approve a land use classification of Multiple Family for the above described property, subject to the following conditions: (1) A landscape plan shall be submitted and approved prior to the issuance of a building permit. Special attention shall be given to the site perimeter and open space building separations. (2) Planting materials will be installed prior to building occupancy. (3) An internal pedestrian sidewalk to the proposed commercial development (upon completion) shall be installed. A street sidewalk shall also be installed per City standards. (4) A lighting plan shall be submitted to the police Department for approval. (5) Recreational amenities shall be provided within the common open space areas to include two Of the following: (i) picnic%cookout area, (2) tot lct with playground equipment, (3) playground area with a "Big Toy" (6) Parking stalls shall be striped and marked. Handicap and compact parking areas shall be marked and identified. (7) To mitigate off site drainage, planting materials within detention basins shall be installed prior to building construction. (8) The proponent agrees to participate in the future installation of a traff'_c light at the intersection of Pottery Avenue and Lippert Drive. (9) A six (6) foot fence shall be installed along the rear and sides of the development. PASSED this �tth day ofSap4--mb's"r 1990. CITY F PORT ORCHARD PLA NG 59MMISSION Lee Caldwell, acting Chairman ATTEST oward Minor, cting Secretary /c3//d/yO 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 10, 1990. ORDINANCE NO. 1497 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 SOUTH OF LIPPERT DRIVE APPROXIMATELY 300 FEET EAST MEASURED FROM THE CORNER OF LIPPERT DRIVE AND POTTERY AVENUE. Copies of Ordinance No. 1497 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. 1497 will be provided at a nominal charge. City/or Port Orchard Patricia Hower City Clerk Publish: Port Orchard Independent December 19, 1990