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HomeMy WebLinkAbout1455 - Ordinance - Rezoning Property East Side of Pottery, North Side of SR16ORDINANCE NO. 1455 ,,- 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 (Kurtis R. and Pamela R. Mayer) LOCATED ON THE EAST SIDE OF POTTERY AVENUE, NORTH OF SR16. WHEREAS, Kurtis R. and Pamela R. Mayer, owners of record, have petitioned a zoning ordinance amendment, requesting reclassification of property located on the east side of Pottery Avenue, north of SR 16 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. 117-89 (ATTACHMENT "A") recommending approval of said petition, and 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. 117-89 with Findings of Facts and recommended conditions as their own and does hereby reclassify certain property located on the east side of Pottery Avenue, north of SR16, from Residential High to Commercial General subject to the following additional conditions: LEGAL DESCRIPTION: Section 02, Township 23, Range 1 E; the west 292 feet of the following described property; that portion of the S 2/5 of N 3/5 of S 10 acres of SW 1/4, NW 1/4, lying W of Sidney Co. Rd. Exc. portion thereof lying westerly of a line defined as follows: Beginning at a point on the S line of SW 1/4, NW 1/4, of said section which is 90 feet easterly of its SW corner; thence N to a point which is opposite Highway Engineers Station 14 54+00 & 80 feet easterly therefrom when measured at right angle to the A 14 line of SR16 Olympic Drive to Tremont & end of this line description. Ordinance No. 1455 Page Two 1. A landscaping plan be submitted to and approved by the City Engineer. 2. That a fence be constructed along the west side of the proposed addition. And that a fence or a landscaped buffer area, comprised of landscaping which is capable of providing a vegetative screen between the adjacent residential zoning, shall also be provided along the south and east sides of the proposed addition. 3. That a surface water drainage plan for the proposed site development be prepared and submitted for approval by the City Engineer. Above ground detention/retention pond(s), if utilized, shall be completely secured with fencing installed to a minimum height of 6 feet. 4. Applicant shall enter into a maintenance agreement for storm drainage improvements. 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. ATTEST: //� /-� Patricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored by: Councilman Geiger SLIE J. WEATHERILL, MAYOR ORDINANCE NO. 1455 ATTACHMENT "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 117-89 A RESOLUTION BY THE PORT ORCHARD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION FROM RESIDENTIAL - LOW TO MULITPLE FAMILY-20, ON THE BELOW DESCRIBED PROPERTY, AS SUBMITTED BY KURTIS R. & PAMELA R. MAYER LEGAL DESCRIPTION: SECTION 02, TOWNSHIP 23, RANGE 1 C; THE WEST 292 FEGI' OF'I'lIC FOLLOWING DIiSCR1131iD P120PERTY; THAT PORTION OP TILE S 2/5 OE N 3/5 OF S 10 ACRES OF SW1/4, NW1/4 LYING W OF SIDNEY CO RD EXC PORTION THEREOF LYING WESfERLY OF A LINO DEFINED AS FOLLOWS: BEGINNING AT A POINT ON THE S LINE OF SW1/4, NW1/4 OF SAID SECTION WIi1Cll IS 90 PEET EASTERLY OF ITS SW CORNER; THENCE N TO A POINT WIIICII IS OPPOSITE HIGHWAY ENGINEERS STATION 14 54+00 & 80 FEf:1 EASTERLY THEREFROM WHEN MEASURED AT RIGHT ANGLE TO THE A 14 LINE OE SR 16 OLYMPIC DRIVE TO TREMONT & END OF THIS LINE DESCRIPTION. WHEREAS, Kurtis R. & Pamela R. Mayer have submitted a request for a zone reclassificaion from Residential -Low to Multi -Family 20 in order to construct an addition to Orchard on the Green, located on the east side of Pottery Avenue, north of SR 16, 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, A SEPA checklist has been submitted and has received a declaration of non -significance, and WHEREAS, the Comprehensive Plan Map designation for the area is Multiple Family 20, and WHEREAS, the site is adequate in size and shape to accommodate the addition as proposed, and WHEREAS, the project will have a minimal impact on existing infrastructure. WE THEREFORE FIND: the proposed use is compatible with and is not detrimental to existing uses in the neighborhood. CONCLUSION: Based on the findings of facts, the testimony and materials presented at the public hearing, we therefore conclude that a zone reclassification to Multiple Family-20, would be in harmony with the general purposes and intent of the zoning ordinance and comprehensive plan. BE rT RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests that the City Council approve a zone reclassification from Residential -Low to Multiple family 20 on the above described property, subject to the following conditions of approval: (1) A landscaping plan be submitted to and approved by the City Engineer. (2) That a fence be constructed along the west side of the proposed addition. And that a fence or a landscaped buffer area, comprised of landscaping which is capable of providing a vegetative screen between the adjacent residential zoning, shall also be provided along the south and east sides of the proposed addition. (3} ieaa-shallagiee -to -&fAat- into- a-atie-0L)--yea r n,&iat-tarua-agLaeme= -fer�lte�sfahlishmeal. aAd_ca.re_ef--rec}tti ced-landseaptag. (4) That a surface water drainage plan for the proposed site development be prepared and submitted for approval by the City Engineer. Above ground detention/retention pond(s), if utilized, shall be completely secured with fencing installed to a minimum height of 6 feet. (5) Applicant shall enter into a maintenance agreement for storm drainage improvements. PASSED this 16th day of January 1989. CITY OR PORT ORCHARD PLANNING COMMISSION O. � Ito anson, C ta�rman ATTEST: goral$n S tt , Engr P arming Dept.