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HomeMy WebLinkAbout1454 - Ordinance - Rezoning Property - 513 AustinORDINANCE NO. 1454 / 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 (Leonard Minor, owner of record) LOCATED ON THE NORTHEAST CORNER OF AUSTIN AND DIVISION (513 Austin). WHEREAS, ordinance amendment, northeast corner of WHEREAS, transmitted to the C their Resolution No. petition, and Leonard Minor, owner of record, has petitioned a zoning requesting reclassification of property located on the Austin and Division as described in said petition, and The City of Port Orchard Planning Commission has ouncil of the City of Port Orchard, Washington a copy of 116-89 (ATTACHMENT "A") recommending approval of said WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on February 13, 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 hereby adopt Planning Commission Resolution No. 116-89 with Findings of Facts and recommended conditions as their own and does hereby reclassify certain property (LEGAL DESCRIPTION: Section 26, Township 24 N, Range 1 E, Sidney S.M. Stevens Block 18, Lot 4.) from Residential High to Commercial General subject to the following additional conditions: That sidewalks, curbs and gutters complying with City of Port Orchard standards be constructed along the improved area on Division Street. Existing sidewalks, curbs and gutters along Austin shall be maintained. This is to ensure pedestrian safety and comply with City Standards. That ingress and egress to the subject property shall be limited to specifically delineated access points. The location of which shall be approved by the City Engineer. Access for perpendicular parking along Division or Austin Streets shall not be allowed to occur other than from these approved access approaches. Ordinance No. 1454 Page Two 3. A drainage plan which considers the improved site drainage characteristics for ultimate commercial development be submitted and approved by the City Engineer at such time that the initial site development occurs (parking lot). Said plan shall identify proposed improvement facilities for the ultimate development, and shall include a temporary erosion and sedimentation control plan to mitigate potential downstream impacts to adjacent properties and existing drainage courses. 4. That the applicant enters into an agreement for maintenance of storm drainage improvements. 5. Provisions be included in the site development for protection of existing fire hydrant situated in the southwest corner of the subject property from damage which may occur from vehicle use of proposed parking facilities. 6. That a fence or natural/landscaped buffer be constructed along adjacent property boundaries of residential uses. 7. Any deviation from the proposed use as a professional office which is considered a more intensive use, shall cause the applicant to come before the Port Orchard City Council for a new hearing process. 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 27th day of February, 1989. LESL�J. WEATHERILL, MAYOR ATTEST: a ricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored by: Councilman Wilson ORDINANCE NO. 1454 ATTACHMENT "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 116-89 A RESOLUTION BY THE PORT ORCHARD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION FROM RESIDENTIAL - HIGH TO COMMERCIAL GENERAL ON THE 13ELOW DESCRIBED PROPERTY, LOCATED ON THE NORTHEAST CORNER OF AUSTIN AND DIVISION, AS REQUESTED BY LEONARD MINOR. A SEPA checklist has been submitted and has received a declaration of non -significance. LEGAL DESCRIPTION: Section 26, Township 24 N, Range 1 E, Sidney S.M. Stevens Block 18, Lot 4. WHEREAS, the applicant has requested a zone reclassification from Residential- Ifigh to Commercial -General in order to construct a small parking lot and future professional building, and WHEREAS, a public hearing was held on 16 January 1989 and that the Planning Commission considered the findings of facts, the testimony and material presented at the hearing, and WHEREAS, the proposed use is compatible with and is not detrimental to existing uses in the neighborhood or to uses specifically permitted in the commercial general zoning district, and WHEREAS, historically the building located on the southwest corner of the property has been commercial, and WHEREAS, the neighborhood is changing from a single-family residential area to a commercial area; i.e., professional offices, Kitsap County Courthouse satellite offices, and parking lots. WE THEREFORE FIND: that a zone reclassification to Commercial General would be in keeping with existing uses in the neighborhood and with the historical use of the property. CONCLUSION: Based on the findings of facts, the testimony and materials presented at the public hearing, we therefore conclude that zone reclassification to Commercial -General, would be in harmony with the general purposes and intent of the zoning ordinance and comprehensive plan. BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests that the City Council approve a designation of Commercial General on the above described property, subject to the folowing conditions of approval: (1) That sidewalks, curbs and cutters complying with City of Port Orchard standards be constructed along the improved area on Division Street. Existing sidewalks, curbs and gutters along Austin shall he maintained. This is to ensure pedestrian safety and comply with City standards. (2) That ingress and egress to the subject property shall he limited to specifically delineated access points. The location of which shall be approved by the City Engineer. Access for perpendicular parking along Division or Austin Streets shall not be allowed to occur other than from these approved access approaches. (3) A drainage plan which considers the improved site drainage character- istics for ultimate commercial development be submitted and approved by the City Engineer at such time that the initial site development occurs (parking lot). Said plan shall identify proposed improvements facilities for the ultimate development, and shall include a temporary erosion and sedimentation control plan to mitigate potential downstream impacts to adjacent properties and existing drainage courses. (4) That the applicant drainage improvements. enters into an agreement for maintenance of storm (5) Provisons be included in the site development for protection of existing fire hydrant situated in the southwest corner of the subject property from damage which may occur from vehicle use of proposed parking facilities. (6) That a fence or natural/landscaped buffer be constructed along adjacent property boundaries of residential uses. (7) Any deviation from the proposed use as a professional office which is considered a more intensive use, shall cause the applicant to come before the Port Orchard City Council for a new hearing process. PASSED this 16th day of January 1989. CITY OF PORT ORCHARD PLANNING COMMISSION O. Join lloa`nson, Ciairman ATTEST: Cnra yn S , Engr P anning Dept.