HomeMy WebLinkAbout1465 - Ordinance - Rezoning PropertyORDINANCE NO. 1465 L/
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 (Gary Lindsey on
behalf of Richard Jacobsen, owner of record) LOCATED
NORTH OF SR160, BETWEEN PLISKO LANE AND MITCHELL
ROAD.
WHEREAS, Gary Lindsey on behalf of Richard Jacobsen, owner of
record, has petitioned a zoning ordinance amendment, requesting
reclassification of property located north of SR160, between Plisko Lane and
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. 127-89 - ATTACHMENT "A" recommending approval of said
petition, and
WHEREAS, The Council of the City of Port Orchard did hold a
Public Hearing on June 26, 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.
127-89 with Findings of Facts and recommended conditions as their own and
does hereby reclassify certain property
LEGAL DESCRIPTION: That portion of the southwest
quarter of the southeast quarter of the southwest
quarter, Section 25, Township 24 North, Range 1
East, W.M., in Kitsap County, Washington, lying
southerly and westerly of Plisko Lane easterly of
Mitchell Road and northerly of State Highway 160;
together with that portion of vacated County Road
which attaches by operation of law
from Residential Low to Commercial General subject to the following
conditions:
A traffic study from a transporation engineer be completed
and approved by the WSOOT and City Engineer prior to any
direct access onto SR160.
Ordinance No. 1465
Page Two
2. That a silt and erosion control plan shall be submitted to
the City Engineer and be approved, prior to making any
improvements on the property such as land clearing and/or
other construction,
3. 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, sidewalks and road
improvements needed to mitigate the impacts of the Commercial
development.
4. If access is approved onto SR160, a curb shall be installed
at SR160 ingress/egress inhibiting left turns.
5. That landscaping plans be submitted and approved before
development.
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
10th day of July, 1989.
ATTEST:
1
Patricia Hower, City Clerk
APPROVED AS TO FORM:
City Attorney
Sponsored by:
Councilman Clauson
LESLIE J. WEATHERILL, MAYOR
ordinance No. 1465
Attachment "A"
CrrY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 127-89
A RESOLUTION 13Y THE PORT ORCHARD PLANNING
COMMISSION RFICOMMENDING THAT 'I'llF CITY COUNCIL.
APPROVE A ZONE RECLASSIFICATION FROM RESIDENTIAL -
LOW '1'0 COMMI%RCIAL-GENERAL ON TIM 13ELOW DESCRIBED
PROPERTY LOCATED NORTH OF SR160, BETIVEEN PLISCO
AND MUCHELL, AS SUBMI'ITI'D 13Y GARY LINDSEY FOR
RICHARD JACOBSEN_
LEGAL DESCRIFFION: That portion of the Southwest quarter of the Southeast
quarter of the Southwest quarter, Section 25, 'I'ownship 24 North, Range 1 East,
\V.h,l_ in Kitsap County, Washington, lying southerly and westerly of Plisco Lane,
easterly of Mitchell Road and northerly of State Highway 160; TOM-MIER
\VI'ril that portion of vacated County Road which attaches by operation of law.
WHEREAS, Crary Lindsey, on behalf of Richard Jacobsen, has requested a zone
reclassification from Residential-kow u> Couunercial-General, in order to
construct an office building on the west half of the below described property,
located on the southeast corner of Mitchell and Plisco and general commercial use
on the west half of the property, located on northwest corner of SIZ160 and Plisco
Lane, and
WHEREAS, a public hearing was held on 15 May 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.
WHEREAS, on 8 May 1989 the City Council designated the property as Commercial -
General on the Comprehensive Plan Map in conjunction with the annexation of the
property into the City of Port Orchard, and
WHEREAS, the majority of properties located on SR 160, within the City limits, are
commercial, and
WHEREAS, the applicant has requested that since the tube shop is no longer a
consideration, that the Planning Commission consider this rezone without a
specific project for the west half of the property with conditions of approval to
mitigate any anticipated negative impacts of the proposed rezone, and
W11FREAS, the applicants have agreed to comply with the recommended conditions of
approval.
WIT 'I'11E12EFORE FIND: that the proposed rezone to Commercial General is consistent
with the development trends in the neighborhood and will not be 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
Commercial -General would be in harmony with the general Purposes and intent of
the zoning ordinance and comprehensive plan_
Lindsey/Jacobsen Rezone
page 2
BE rr RI --SOLVED, that the Planning Commission of the City of Port Orchard hereby
respectfully requests that the City Council approve the request for a zone
reclassification front Residential -Low to Commercial -General subject to the
following conditions of approval:
(1) A traffic study from a transportation engineer be completed and approved
by the WSDOT and City L'ngineer prior to any direct access onto SR160.
(2) 'That a silt and erosion control plan shall be submitted to the City
Engineer and be approved, prior to nunking any improvements on the
property such as land clearing and/or other construction,
(3)
That agreements, concomitant with the
rezone, be signed
and recorded,
securing the City the right to construct
and assess for:
a sewermain,
to
waterrnain with hydrants, sidewalks a.nd
road improvements
needed
mitigate the impacts of the commercial
development.
(4)
3'hat-a-mtrintenance-agreernent-for
entered rots -
(5)
That landscaping plans be submitted and
approved before
development.
PASSED this 15th day of May, 1989
CI'rY OR PORT ORCHARD
PLANNING COMMISSION
John 11o<anson, Chairman
Coralyn Sm t t, Engr Planamg Dept.
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 July 10, 1989.
ORDINANCE NO. 1465 �
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 FROM RESIDENTIAL LOW TO COMMERCIAL
GENERAL (Gary Lindsey on behalf of Richard
Jacobsen, owner of record) LOCATED NORTH OF
SR160, BETWEEN PLISKO LANE AND MITCHELL ROAD.
The full text of the above listed Ordinance will be mailed
upon request and is available at City Hall, 216 Prospect
Street, Port Orchard, WA 98366.
City o€--Port Orchard
`Ptricia Hower,` City Clerk
Publish: Port Orchard Independent
July 19, 1989