HomeMy WebLinkAbout1448 - Ordinance - Rezoning Property - 2200 MitchellORDINANCE NO. 14481/
AN ORDINANCE OF THE CITY OF PORT
ORCHARD, WASHINGTON AMENDING PORT
ORCHARD ZONING ORDINANCE NO. 1163; BY
AMENDING THE AREA AND USE MAPS
THEREOF, RECLASSIFYING CERTAIN
PROPERTY (Brian Horch, David Herbold
Co. Inc, owner of record) LOCATED AT
2200 Mitchell Road.
WHEREAS, Brian Horch, David Herbold Co. Inc.,
owner of record, has petitioned a zoning ordinance amendment,
requesting reclassification of property located at 2200
Mitchell Road, 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. 113-88
recommending approval of said petition, and
WHEREAS, The Council of the City of Port Orchard
did hold a Public Hearing on January 23, 1989, to hear
testimony of fact and conclusion as follows:
FINDINGS OF FACT: The use requested is not
incompatible 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 adopt Planning
Commission Resolution No. 113-88 with Facts of Finding and
conditions as their own and does hereby reclassify certain
property (Legal Description - Attachment "A") from
Residential Low to Commercial General subject to the
following additional conditions:
1. That the project be required to hook onto
City water and sewer if and when it becomes
available.
2 That agreements, concomitant with the rezone,
be signed and recorded, securing the City the
right to construct and assess for; a
sewermain, watermain with hydrants and road
improvements needed to mitigate the impacts
of the commercial development.
3. That landscaping shall be installed which
shall include a landscaped buffer along the
north, south and west (front) property
boundaries. The buffer shall consist of a
two foot raised berm, five foot wide at
minimum.
Ordinance No. 1448
Page Two
4. That buildings proposed on the northeast and
southeast corners of the property be
relocated to provide access from all sides by
roof ladders. As per fire department
requirement.
5. That the proposed detention pond be fenced.
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 13th day of February,
Q-zzk-auzze-,
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Hower, City Clerk
APPROVED AS TO FORM:
Attorney
Sponsored by:
Councilman Powers
ORDINANCE NO. 1448
HORCH/HERBOLD CO., INC.
ATTACHMENT "A"
LEGAL DESCRIPTION
SW 1/4, SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST; The
Westerly 173 feet of the Plat of East Port Orchard, Tract 11
described as follows: Beginning at the Southwest corner of
Tract 11, thence North 8*50'06" E along the East margin of
Mitchell Road a distance of 60.24 feet; thence North
17*31'17" E 155 feet to the True Point of Beginning; thence
South 72*28'43" E 493.26 feet to a point on a curve whose
radius point bears North 86*31'56" E 210 feet; thence turning
through an angle of 21*22'10" run northeasterly along the arc
of said curve 78.32 feet; thence North 17*54'06" E 105.30
feet to the beginning of a curve to the right having a radius
of 305.00 feet and turning through an angle of 34*59'36";
thence Northeasterly along the arc of said curve 186.29 feet;
thence North 72*28'43" W 564.85 feet to the east margin of
Mitchell Road; thence along said east margin S 9*14'08" W
197.80 feet; thence S 17*31'17" W 160.74 feet to the true
point of beginning and that portion of Mitchell Road lying
between the West margin of Mitchell Road and the above
described Tract.