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Home My WebLink About1468 - Ordinance - Rezoning Property at 1121 Bay Streett 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 August 28, 1989. ORDINANCE NO. 1468'� 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 (Jahn Waterbury, owner of record) LOCATED AT 1121 BAY STREET FROM COMMERCIAL GENERAL TO COMMERCIAL HIGHWAY 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,f Port Orchard r Patricia Hower, City Clerk Publish: Port Orchard Independent September 6, 1989 ORDINANCE NO. 1468 J 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 (John Waterbury, owner of record) LOCATED AT 1121 BAY STREET. WHEREAS, John Waterbury, owner of record, has petitioned a zoning ordinance amendment, requesting reclassification of property located at 1121 Bay 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. 125-89 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on August 14, 1989 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 Highway 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. 125-89 with Findings of Facts and recommended conditions as their own and does hereby reclassify certain property LEGAL DESCRIPTION: ATTACHMENT "B" from Commercial General to Commercial Highway subject to the following conditions: 1. Sidewalk, curb and gutters be constructed; and 2. That access be reviewed and approved by the City Engineer; and 3. Landscaping plans be submitted and approved by the City Engineer; and 4. An agreement for maintenance of the storm drainage system be signed; and 5. The development be substantially as per site plan for 60 unit motel as presented. Ordinance No. 1468 Page Two 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 28th day of August, 1989. 1kl` LESLIE J. WEATHERILL, MAYOR ATTEST: Patricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored by: Councilman Wilson ordinance No. 1468 Attachment "A" (:rf Y OF pORT ORCHARD PI.ANNIN(; COMMISSION RFS0LUTI0r4 NO. 125-89 A RESOLUTION BY 'tIIE POI.T ORCHARD PLANNING COMMISSION Rl:c(>nanlliPJUINC THAT fill, CftY COUNCIL APPROVR A ZONI? I:F.CI.ASSII ICATION FROM COMMISRCIAL- (;f?NPiRAL TO COn-1nIFR('IAI,-IIIGIIAVAY ON TIME [3EL0AV DIdSCRIBIi,D PROI'FR'1'V I.(tCATFI) AT 1121 BAY StRL'.fih, REQUESf1?D BY JOIIN WATIi:RBURY. LEt;pal, DFSCRIPrION: PARCFI, I: Was 5 & 6, Block 1, Wheeler's Second Addition In Sidney, as per &at recorded in V,,Ilttni I of flats on Page 70, records of Kit -sill) County, WA; 'together Willi Lots 5 and o, (Block I, Sidney Tidelands. PARCFI. II; 'Thal portion of Lot Z, Sidney'tidelands lying IVeslerly of n line parallel to and 30 feet East of the AVest lino of said Wa Z_ PARCEL III; That portion of Government I.ot 1, Section 25,'rowinhip 24 North, Range f Rasta W.M., described as follows: That portion of the IOlh,wing described land lying Northerly of the I?asterly prolongation of 13ay Strcel; Beginning at a point which is 300 feet East nail G feet North of the efari er section corner of the West boundary of said Section 25; thence West 30 feet, thence Norib to meander line; thence Easterly along meander line to point North of Point of Beginning; thence South to Point of Beginning. PARCI?I, IV; That portion of Government Lot 1, lying North of fray Street in Section 25, 'township 24 Nnrih, Range I East, W.M., described as follows: Commencing at the meander corner between Sections 25 and 26; thence run South 0*27440" West, if distance of 56_38 feel; thence South 89*32'20" Fast, a distance of 300.00 feet to the Trtc Point of Beginning; thence North 0*27140" East, a distance of 189.14 feet to the "Winder line; (hence ,,long the meander line, North 66*35'20" Fast 16.40 feet; Ibence leaving said meander line run South 0*27140" West, it distance of 193.17 feel; thence South 80`°3W30" Vilest, a distance of 15.22 feet to the True Point of Beginning_ TNIEREAS, David I?vans K Association, Inc., on behalf of John Waterbury, has requested a zone reclassification [roil, Cn oin,ercial-General to Commercial-Ilighway, in order to construct a 49 unit nolel at 1121 Bay Street, and kWIERI;AS, 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 SFPA checklist has been submitted and has received it declaration of non -significance. WIIEREAS, the Commercial-IlighwaY zoning district is the only zoning district ill which it motel is if permitted uses, and %0:EREAS, the property is presently zoned Couunercial-General, and %VIIFRFAS, when the existing zoning ordinance was first adopted a [)tote[ was a pertained use in the Contmeicial-General zoning district, and WIIFRHAS, impacts of a rezone to Cotnnxvcial Ilighway will be less intense than the potential for development that is allowed under the Commercial -General zoning district, and VNIEREAS, the proposed use is compatible with and is not detrimental to existing uses. WE THEREFORE FIND: Ihat the project as proposed would be an attractive addition the City, is consistent with historical uses allow in the commercial area and that a zoning designation of Conunercia!--Ilighway world be in keeping with and not detrimental to existing uses in the neighborhood_ ordinance No. 1468 Attachment "A" 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 -Highway, would he in harmony with the general purposes and intent of the zoning ordinance and comprehensive plan. B13 I'1' RE.SOLVI D, that the Planning Commission of the City of Port Orchard hereby respectfully requests that the City Coimwil approve the request for a zone rechtssification from Conunerc,ial-(�enCril to Cuminercial-Ilighway, subject to the following conditions of approval: (1) Sidewalk, curb and gwters be consuucled, and (2) 'Thal ;,Cr(-Ss be rcviawed and approved I,y the City Engineer, and (3) I.andscapinl,' he provided nl"W the oast and south property lines and that plans be suhmilted ;aid apluovcd by the City Engineer, and (4) An agreement for nrtinicnnnce of the stormdrainage system be si;;•ie(l. PASSFID this 1 Sth day of A -lay, 1989 C:I'I'Y OI, PONT ORCHARD PLANNING Co,%IX11SSION fi O.r�tn IlolnansonChairman n i Comlyn Stnt , Prigr7manning Dept. ORDINANCE NO. 1468 ATTACHMENT "B" Legal Description for 1121 Bay Street PARCEL I: Lots 5 & 6, Block 1, Wheeler's Second Addition to Sidney, as per plat recorded in Volume 1 of Plats on Page 70, records of Kitsap County, WA; Together With Lots 5 and 6, Block 1, Sidney Tidelands. PARCEL II: That portion of Lot Z, Sidney Tidelands lying Westerly of a line parallel to and 30 feet East of the West line of said Lot Z. PARCEL III: That portion of Government Lot 1, Section 25, Township 24 North, Range 1 East, W.M., described as follows: That portion of the following described land lying northerly of the easterly prolongation of Bay Street; Beginning at a point which is 300 feet east and 6 feet north of the quarter section corner of the West boundary of said Section 25; thence West 30 feet; thence north to meander line; thence easterly along meander line to point north of Point of Beginning; thence south to Point of Beginning. PARCEL IV: That portion of Government Lot 1, lying north of Bay Street in Section 25, Township 24 North, Range 1 East, W.M., described as follows: Commencing at the meander corner between Sections 25 and 26; thence run south 0*27'40" west, a distance of 56.38 feet; thence south 89*32'20" east, a distance of 300.00 feet to the True Point of Beginning; thence north 0*27'40" east, a distance of 189.14 feet to the meander line; thence along the meander line, north 66*35'20" east 16.40 feet; thence leaving said meander line run south 0*27'40" west, a distance of 193.17 feet; thence south 80*36'30" west, a distance of 15.22 feet to the True Point of Beginning.