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HomeMy WebLinkAbout1471 - Ordinance - Rezoning PropertyORDINANCE NO. 1471 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 Gartin on behalf of Group Health, owner of record) LOCATED AT ON THE NORTHWEST CORNER OF TREMONT STREET, ALDER LANE AND POTTERY AVENUE. WHEREAS, Gary Gartin on behalf of Group Health, owner of record, has petitioned a zoning ordinance amendment, requesting reclassification of property located on the northwest corner of Tremont Street, Alder Lane and Pottery Avenue 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. 134-89 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on September 25, 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 Multiple -Family 20 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. 134-89 with Findings of Facts and recommended conditions as their own and does hereby reclassify certain property from Residential -Low and Residential -High to Multiple -Family 20 subject to the following conditions that: (1) the property owner extend the middle turn lane on Tremont to allow safe left turn movements, (2) that the owners install curb and sidewalks on Tremont on the edge of the right-of-way, (3) that an engineered study be prepared by the proponent to determine the best location for ingress and egress with recommended mitagative measures, (4) ingress and egress be on Pottery Avenue,; (5) the developer agrees to participate in a prorata percentage of the costs for installing a traffic signal at Pottery and Tremont, at the appropriate time. Prorata percentage to be based on traffic count, and (6) the attached site plan be an integral part of this zone reclassification approval. Ordinance No. 1471 Page Two LEGAL DESCRIPTION: That portion of the northeast quarter of the southeast quarter of Section 34, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the northeast corner of said northeast quarter of the southeast quarter; thence west along the north line thereof west 786 feet; thence south 839.2 feet to the northerly margin of Tremont Street; thence northeasterly along the northerly margins of Tremont Street and Alder Lane and its projection easterly to the east line of said section; thence north along the east line of said section to the true point of beginning; except Pottery Hill Road; situated in Kitsap County, Washington. 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 9th day of October, 1989. �USLIt J. WEATHERILL, MAYOR ATTEST:) j Patricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored by: J /Councilman Clauson ,rdinance No. 1471 Attachment "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 134-89 A RESOLUTION BY THE PORT ORCHARD PLANNING COMMISSION RECONLMENDING THAT THE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION FROM RESIDENTIAL - LOW AND RESIDENTIAL -HIGH TO MULTIPLE -FAMILY 20 ON THE NORTHWEST CORNER OF TREMONT STREET, ALDER LANE AND POTTERY AVENUE, DESCRIBED BELOW, SUBMITTED BY GROUP HEALTH. LEGAL DESCRIPTION: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST ALONG THE NORTH LINE THEREOF WEST 786 FEET; THENCE SOUTH 839.2 FEET TO THE NORTHERLY MARGIN OF TREMONT STREET; THENCE NORTHEASTERLY ALONG THE NORTHERLY MARGINS OF TREMONT STREET AND ALDER LANE AND ITS PROJECTION EASTERLY TO THE EAST LINE OF SAID SECTION; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION TO THE TRUE POINT OF BEGINNING; EXCEPT POTTERY HILL ROAD; SITUATED IN KITSAP COUNTY, WASHINGTON. WHEREAS, Gary Gartin, agent for Group Health has requested a zone reclassification from Residential -Low and Residential -High to klultiple-Family 20 in order to construct a medical facility on the northwest corner of Tremont, Alder and Pottery, and WHEREAS, a SEPA checklist has been submitted and has received a declaration of non -significance, and WHEREAS, a public hearing was held on 21 August 1989 and that the Planning Commission considered the findings of facts, the testimony and material presented at the hearing, and WHEREAS, the Comprehensive Plan designation for the property is Multiple -Family 20 (MF-20), and WHEREAS, a medical clinic is a permitted use in the Multiple -Family 20 zoning district, and WHEREAS, the site for the proposed development is adequate in size and shape to accomodate said use, and WHEREAS, the applicants have agreed to comply with conditions of approval needed to mitigate the impacts of their proposed development. 8910170138 KBiY4003 Resolution n 134 Coup Health - Rezone page 2 Ordinance No. 1471 Attachment "A" WE THEREFORE FIND: that the proposed medical facility is desirable for the community as a whole 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 from Residential -Low and Residential -High to Multiple -Family 20 for the construction of a medical facility, 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 zone reclassification from Residential -Low and Residential -High to Multiple -Family 20 for the construction of a medical facility, on the northwest corner of Tremont, Alder and Pottery, subject to the conditions of approval that: (1) the property owner extends the middle turn lane on Tremont to allow safe left turn movements, (2) that the owners install curb and sidewalks on Tremont on the edge of the right-of-way, and (3) that an engineered study be prepared by the proponent to determine the best location for ingress and egress with recommended mitagative measures. PASSED this 21st day of August 1989. CITY OF PORT ORCHARD PLANNINGCOMMISSION li o n Ho anson, arrman ora ynVnttring Dept. 8910170138 BEIIWFAN04 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 October 9, 1989. ORDINANCE NO. 1471 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 Gartin on behalf of Group Health, owner of record) LOCATED ON THE NORTHWEST CORNER OF TREMONT STREET, ALDER LANE AND POTTERY AVENUE FROM RESIDENTIAL -LOW AND RESIDENTIAL -HIGH TO MULTIPLE -FAMILY 20. 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 of Port Orchard Michelle Thomas, Deputy City Clerk Publish: Port Orchard Independent October 18, 1989