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1498 - Ordinance - Amending ZoningORDINANCE NO. 1498 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 (Carolotta Craft and David Hedger, owners of record) LOCATED AT 104 Tremont Street. WHEREAS, Carolotta Craft and David Hedger, owners of record, has petitioned a zoning ordinance amendment, requesting reclassification of property located at 104 Tremont Street 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. 155-90 - 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 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. 155-90 with Findings of Facts and recommended conditions as their own and does hereby reclassify certain property from Residential High to Commercial General. LEGAL DESCRIPTION: That portion of the northeast quarter of the southwest quarter, Section 35, Township 24 North, Range 1 East, W.M., described as follows: Beginning at the southwest corner of said northeast quarter of the southwest quarter, thence north 654 feet to a point on a line that is 10 feet south of the parallel with the south margin of Tremont Street as shown on the Plat of Sidney Land Co's 2nd Addition to Sidney, as per plat recorded in Volume 2 of Plats, page 9, records of Kitsap County; thence east 186 feet, thence south 170 feet; thence west 186 feet, thence north 170 feet to the point of beginning. Ordinance No. 1498 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 loth day of December, 199 . ATTEST: Patricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored by: Councilman Grable LESLIE J. WEATHERILL, MAYOR ATTACHMENT "A" ORDINANCE NO. 1498 ,_-Y F ?CRT ORCHARD 2LANN:14% CCMMiSSiOPI RESCLCT:ON 1140. 155-'0 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMiSS:C^I RECOMMENDING THE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION FROM RESIDENTIAL HIGH TO COMMERCIAL GENERAL, AS SUBMITTED BY DAVID HEDGER FOR PROPERTY LOCATED AT 104 TREMONT STREET LEGAL DESCRI?TION: That portion of the northwest quarter of the southwest quarter, Section 35, Township 24 North, Range 1 East, defined as follows: Beginning at the southwest corner of said northwest quarter of the southwest quarter, thence north 654 faet to a point on a line that is 10 feet south of and parallel with the south margin of Tremont Street as shown on the plat of Sidney Land Co's 2nd Addition to Sidney, as per plat recorded in volume 2 of plats, page 9 records of Xitsap County; thence east 186 feet, thence north 170 feet to the point of beginning. WHEREAS , the applicant has requested a rezone to Commercial General in order to construct an office/retail building at 104 Tremont Street, and WHEREAS , a public hearing was held on Monday, 17 September 1990, and the Plann-4-g Commission considered the findings of facts, ,.estimcny, and materials _-_sented at the hearing, and WHEREAS a SEPA checklist has been submitted and has received a declaration of .non -significance, and AHEREAS the proposed use is compatible with and not detrimental to existing uses in the neighborhood or to uses permitted in the Residential High District with a Spec4-al Use Permit, and WHEREAS , _r.e site is adequate in size and shape to accommodate the development as-roposed, and WHEREAS , the applicants have agreed to meet all conditions required by the City, and WHEREAS commercial uses will inevitably develop along Tremont Street as traffic increases, and WE THEREFORE FIND that the proposed rezone is consistent with future deveicpment trends in the neighborhood and will not be detrimental to existing uses in the area. CONCL'JSIOC] Based on the findings of facts, testimony, and materials presented at the public hearing, we therefore conclude that rezone from Residential High to Commercial General would be in harmony with the general purposes and intent of the zoning ordinance and surrounding comprehensi-re plan designations. ATTACHMENT "A" ORDINANCE NO. 1498 BE :. RESOLVED that the P1ann_ng Commiss_.,.. of e __Y _y of PCr_ hereby respectfully requests that the City Counc:'JI_ aCrc,Je a land use classification of Commercial General far the a:,ove described property, subject to the following conditions: (1) A landscape plan be submitted prior to issuance of a building permit. Landscaping materials shall be in place prior to building occupancy. (2) Concomitant agreement be signed and recorded, securing the City the right to construct and assess for sidewalks, sewer, and water mains with hydrants. (3) One standard handicapped parking stall to be provided adjacent to building entrance. (4) any future development shall connect to the City sewer system. PASSED this <7th day of September 199C. CIT`_' OF PCRT ORCHARD PLANNI`1G COMMISSION John Hokarson, Chairman ATTEST Ruth Strube, Secretary FAX SENT 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. 1498 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 (Carolotta Craft and David Hedger, owners of record) LOCATED AT 104 TREMONT STREET. Copies of Ordinance No. 1498 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. 1498 will be provided at a nominal charge. City of ort Orchar Patricia Hower City Clerk Publish: Port Orchard Independent December 19, 1990