1438 - Ordinance - Amending ZoningORDINANCE NO. 1438 V
AN ORDINANCE OF THE CITY OF PORT
ORCHARD AMENDING ORDINANCE NO. 1369,
1327 AND PORT ORCHARD ZONING
ORDINANCE NO. 1163; BY AMENDING THE
AREA AND USE MAPS THEREOF:
RECLASSIFYING CERTAIN PROPERTY
(Robert Roland and Howard Roland,
owners of record) LOCATED SOUTHWEST
QUADRANT OF SR 16/SEDGWICK ROAD
INTERCHANGE.
WHEREAS, Robert Roland and Howard Roland, owners
of record, have petitioned a zoning ordinance amendment,
requesting reclassification of property located Southwest
quadrant of SR 16/Sedgwick Road Interchange, as described in
said petition, and
WHEREAS, The Council of the City of Port Orchard
did hold Public Hearings on October 14, 1985 and October 28,
1985 to hear testimony and review materials presented and
does set forth findings of fact and conclusion as follows:
FINDINGS OF FACT: 1. Planning Commission has
determined that this property no longer meets the
purpose or intent of the zoning ordinance due to
the interchange character of the intersection.
2. The proposed project is to
be located on the southwest corner of the
intersection of Sedgwick and SR 16. The
southeast corner of the intersection is zoned
Commercial General and the northwest corner has
been zoned Commercial Highway.
3. An environmental Impact
Statement was prepared for this project and
accepted by the City in 1978 which has addressed
all the environmental concerns and mitigation
measure.
4. A
prepared and received a
non -significance because
concerns are present and
still relevant.
SEPA checklist has been
declaration of
no new environmental
the original EIS is
5. The applicant has agreed
to use all practicable means to preserve and
enhance the environmental quality of Blackjack
Creek during and after construction of the
project.
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 does hereby reclassify certain
property (Legal Description: SW 1/4, NW 1/4, Section 11,
Township 23 North, Range 1 East, W.M: Except portion East of
county road, except road and except state highway) from
Residential Low to Commercial General with the following
conditions:
Ordinance No. 1438
Page Two
1. At no expense to the City, design and
construct a water system which is technically
adequate and approved by both the City Engineer
and Fire Chief. The water system shall be
designed by a licensed engineer in the State of
Washington and be constructed prior to the start
of construction of the actual structures in this
development. The City reserves the right to
require that the Developer deed the water system
to the City of Port Orchard. A hydro -geological
study be made and included in the design of the
system, to be approved by both the City Engineer
and Fire Chief.
2. At no expense to the City, the Developer
shall improve Sedgwick Road by providing through
lanes, left turn lanes, deacceleration lanes,
appropriate traffic markings, and road
illumination. These improvements shall be
approved by the City Engineer.
3. At no expense to the City, the Developer
shall design, provide and install a traffic
signal system when traffic on Sedgwick Road
warrants the signal. The City shall notify the
Developer when the traffic signal is warranted.
The traffic signal shall be traffic actuated, be
erected on steel poles and cross arms, provide
the left turn signals and be approved by the City
Engineer.
4. No access shall be provided to any road other
than Sedgwick Road. The Developer shall erect a
fence at least six feet high or such a design
that blocks the view of the shopping center along
the west and south property lines. The purpose
of this fence is to limit access and to provide a
visual barrier to the adjacent residential areas.
5. The Developer shall landscape the property
line abutting Sedgwick Road.
5. a) The Developer shall extend the municipal
sewer system to the project and connect to the
sewer system, at no cost to the City. The
Developer shall design, construct as approved by
the City Engineer and deed to the City this
municipal sewer system extension.
b) The Developer initially may design,
install and use a septic tank/drain field system
that has been approved by the Kitsap County
Health Department for a period of three years
after the first Commercial business in the Mall
opens. However, the Developer must begin
connection to the municipal sewer system no later
than three years after the first commercial
business in the Mall opens. The Developer must
be connected to the municipal sewer system no
later than five years after the first commercial
business in the Mall opens. The Developer, at no
cost to the City, shall design and construct this
sewer system extension, as approved by the City
Engineer. The Developer shall deed this
extension to the City.
Ordinance No. 1438
Page Three
7. Developer shall submit final plans to the
Port Orchard City Council for approval, prior to
any issuance of permits.
8. The Developer shall provide Performance Bond
Certificate to insure compliance with conditions
of Approval prior to any grading and building
permits.
9. That a twelve month extension be placed on
the rezone. Upon expiration of that time
(November 12, 1989), if a project that is a
permitted use within the new zoning
classification has not commenced or construction
is not substantially underway, the property shall
revert to its prior classification. An extension
of said time limit may be granted by the Council
upon demonstration of cause by the applicant.
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 December,
1988.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
"" Poe�� cz,
Patricia Hower, City Clerk
APPROVED AS TO FORM:
City Attorney
Sponsored by:
Councilman Clauson