1474 - Ordinance - Amending Zoning OrdinanceORDINANCE NO. 1474 v
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 (Greg and Deborah
Meakin, owners of record) LOCATED AT 2431 BETHEL
AVENUE.
WHEREAS, Greg and Deborah Meakin, owners of record, have
petitioned a zoning ordinance amendment, requesting reclassification of
property located at 2431 Bethel 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. 128-89 - ATTACHMENT "A" recommending approval of said
petition, and
WHEREAS, The Council of the City of Port Orchard did hold a
Public Hearing on July 24, 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.
128-89 with Findings of Facts and recommended conditions as their own and
does hereby reclassify certain property from Residential Low to Commercial
General, with following conditions: (1) That an agreement, concomitant with
the rezone, be signed and recorded, securing the City the right to construct
and assess for; a sewermain, watermain with hydrants and road improvements
needed to mitigate the impacts of the commercial development; (2) Ingress and
egress is limited to the north side of the property as shown on the site
plan; (3) a 20 foot width of property along Bethel Avenue be dedicated to the
City for future road and drainage improvements.
LEGAL DESCRIPTION: That portion of the southwest quarter of
the northwest quarter of Section 36, Township 24 North, Range
1 East W.M., in Kitsap County, Washington, described as
follows: Beginning at the point of intersection of the south
line of said southwest quarter of the northwest quarter with
the east margin of State Highway Number 14; thence N 3*20'30"
E 100 feet; thence S 89*19'00" E to the west margin of
Mitchell Road; thence south along said west margin of Mitchell
Road; thence south along said west margin of Mitchell Road to
the south line of said southwest quarter of the northwest
quarter; thence west along the south line thereof to the POINT
OF BEGINNING. Except the East 225 feet thereof.
Ordinance No. 1474
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
23rd day of October, 1989.
LESLI J. WEATHERILL, MAYOR
ATTEST:
atricia Hower, City Clerk
APPROVED AS TO FORM:
City Attorney
Sponsored by:
Councilman Wilson
3_d_na.n.ce No. 1474
Az.zachment "a"
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 128-89
A RESOLUTION BY THE PORT ORCHARD PLANNING COiLLMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE
RECLASSIFICATION FROM RESIDENTIAL -LOW TO COMMERCIAL -
GENERAL ON THE BELOW DESCRIBED PROPERTY LOCATED AT
2431 BETHEL ROAD, SUBMITTED BY GREG AND DEBRA MEAKIN
LEGAL DESCRIPTION: That portion of the southwest quarter of the northwest quarter
of Section 36, Township 24 North, Range 1 East W.M., in Kitsap County, Washington,
described as follows: Beginning at the point of intersection of the south line of
said southwest quarter of the northwest quarter with the east margin of State
highway Number 14; thence N 3*20'30" E 100 feet; thence S 89*1910011 E to the west
margin of Mitchell Road; thence south along said west margin of Mitchell Road;
thence south along said west margin of Mitchell Road to the south line of said
southwest quarter of the northwest quarter; thence west along the south line
thereof to the POINT OF BEGINNING. Except the East 225 feet thereof.
WHEREAS, the applicant has requested a rezone from Residential -Low to Commercial -
General in order to construct a 4040 sq.ft. single story office/retail building
with accessory parking at 2431 Bethel Avenue, and
WHEREAS, a public hearing was held on 19 June 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 neighborhood is in transition from a residential area to a commercial
area, and
WHEREAS, the property is zoned Commercial -General on the Comprehensive Plan, and
WHEREAS, the applicants have agreed to meet all the conditions required by the
City.
WE THEREFORE FIND: that a zone reclassification to Commercial-Genereal, is a
reasonable extension of the commercial district and that the proposed use is
compatible with 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 designation of Commercial -
General on the property located at 2431 Bethel Avenue, would be in harmony with
the general purposes and intent of the zoning ordinance and comprehensive plan.
'31 Bethei ..venue
BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby
respectfully requests that the City Council approve the zone reclassification from
Residential -Low to Commercial -General on the above described property, subject to
the following conditions
1. That an agreements, concomitant with the rezone, be signed and recorded,
securing the City the right to construct and assess for; a sewermain,
watermain with hydrants and road improvements needed to mitigate the
impacts of the commercial development.
2. Ingress & Egress is limited to the north side of the property as shown
on the site plan.
3. A 20 foot width of property along Bethel Avenue be dedicated to the City
for future road and drainage improvements.
PASSED this 19th day of June 1989
CITY OF PORT ORCHARD
PLANNING COMMISSION
O. J hn Hocanson, Chairman
Coralyn SRIit ,V Engr/Planning 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 October 23, 1989.
ORDINANCE NO. 1474
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 (Greg and Deborah Meakin, owners of
record) LOCATED 2431 BETHEL AVENUE.
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.
CityY o ort Orch rd
Patricia Hower,
City Clerk
Publish: Port Orchard Independent
November 1, 1989