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1281 - Ordinance - Amending Area Maps Ordinance No. 1163 for Roland & Roland, Inc. of Hovde Road and SR16ORDINANCE NO. 1281 t�/ AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING THE USE AND AREA MAPS OF ORDINANCE NO. 1163; RECLASSIFYING CERTAIN PROPERTY (Roland & Roland, Inc., owner of record) IN THE NORTHWEST CORNER OF HOVDE ROAD AND SR16 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the area and use maps of Ordinance No. 1163 be and hereby are amended (as petitioned by Roland and Roland, Inc., owner of record) to conform with Chapter10 as follows: Legal Description: The Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 11, Township 23 North, Range 1 East, W.M., Except the West 12 rods, thereof, togetherwith that portion of the Southeast Quarter of the Northwest Quarter of the North= west Quarter Lying Northerly and Easterly of County Road, Except Highway. be and the same is hereby reclassified from Residential -low to Commercial Highway subject to all conditions as set forth in Port Orchard Planning Commission Resolution No. 044-84 (attached) and the following condition: 1. Zone reclassification will encompass entire 6 acre tract for use as car dealership. Any proposed change or variation of use for southern 3 acres must be submitted to the Port Orchard City Council for approval. PASSED by the City Council and APPROVED by the Mayor of the City of Port Orchard this 23rd day of July, 1984. L_.��ci LESLIE 41. W A HERILL, MAYOR ATTEST: i G. Lloyd, Ci tv lerk APPROVED AS TO FORM: City Attorney CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 044-84 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A REZONE TO COMMERCIAL HIGHWAY AS REQUESTED BY ROLAND & ROLAND REAL ESTATE, INC. LEGAL DESCRIPTION: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M, EXCEPT THE WEST 12 RODS, THEREOF, TOGETHERWITH THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTWEST QUARTER OF THE NORTHWEST QUARTER LYING NORTHERLY AND EASTERLY OF COUNTY ROAD, EXCEPT HIGHWAY. WHEREAS, the applicant has requested a rezone of 6.02 acres from RL to CH Onr the purpose of siting a new car dealership on approximately 3 acres of the sit. The balance of the 6 acre site will be held for future development and, WHEREAS, a public hearing was held on June 19, 1984, and that the planning commission considered the findings of fact, the testimony and material presented at the hearing... FINDINGS OF FACT Neighborhood: The land surrounding the proposal site Is rural in nature and sparsely developed with residences. There are no commercial developments In the area at this time. Site: The topography is a low rolling field at an elevation of about 150 to f75 feet, containing a small wooded area. The southern portion of this parcel is cut by Blackjack Creek. The property is presently undeveloped. Zoning: Currently the area Is zoned residential -low and open space: Within the open space zoning designation is an area designated by the Federal Emergency Management Agency (FEMA) as both a flood plain and a floodway. Development within this area should meet the requirements established by FEMA. The floodway portion of the stream should be kept free of encroachment. The requested CH zoning permits only those uses which primarily serve the traveling public Comprehensive Plan Map designation for this area is residential -low and greenbelt. Transportation: Because of the varibility of uses in a new car sales facility can onFy be estimated. The Institute of Transportation Engineers have estimated the average daily trip (ADT) rate to be 79.5 vehicle trips per day for the size facility proposed. Access to the site will be mainly from Sedgwick Road to Sidney Raod and then to Hovde. Signing will need to be utilized to establish circulation. Kitsap County has stated that at this point In time Hovde Road has neither the capacity nor the structural ability to carry the increased traffic that a car dealership would generate and recommends that the applicant be required to join in with the County on a 50-50 basis to bring Hovde Road up to the current County Standards. Surface Water runoff will be contained by a detention pond located at the north end of the site. Oil separators will be required to remove foreign substances from the water. Police Protection will be required where none is required now. The area will have to be included in the patrol area. A security fence may be required. Fire Protection: The owners have agreed to provide an -i-ghway 8 Inch watermain under the connecting to the City water supply. This line will provide a fire flow of 400 gallons per minute. If future development requires a greater fire flow, it will be the responsibility of the developer to provide same. Sewer/Septic Tanks: On -site sewage disposal can be used for the proposed use. The applirants have agreed to participate in any future sewer LID and to hook-up to the City sewer system when it is available. CONCLUSION: Based on the findings of factsi the testimony and materials presented at the public hearing, we therefore conclude that the granting of the rezone as requested, to 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 the zone reclassification from residential -low and greenbelt to commercial -highway, based on the findings of fact and subject to the following condition of approval. CONDITION OF APPROVAL: That an agreement, concomitant with the rezone, be signed and recorded, securing to the City the right to construct and assess for a permanent sewermain; assuring that "No Protest" will be made by the owners, their heirs and assigns, against the formation of a U.L.I.D. to provide same. Passed on the 18th day of June 1984. CITY OF PORT ORCHARD PLANNING COMMISSION ATTEST: John Hokanson, hairman Tom Wong, Secretary