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021-08 - Ordinance - Amending Zoning MapORDINANCE NO. 021-08 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE CITY OF PORT ORCHARD ZONING MAPTO CHANGE THE ZONING DESIGNATION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY OF PORT ORCHARD TO BE IN CONFORMANCE WITH THE COMPREHENSIVE PLAN AS SHOWN ON ATTACHED TABLE. AFFECTED TAX PARCEL NO.'S: 102301-1-008-2006, 112301-2- 0 10-2009,112301-2-023-2004, 112301-2-024-2003, 112301-2- 011-2008, 112301-2-012-2007,112301-2-013-2006,112301-1- 011-2000, 252401-3-003-2009, 252401-3-002-2000, 252401-2- 029-2001, 252401-2-303-2008, 252401-2-037-2001, 252401-2- 038-2000, 342401-4-016-2001, 352401-3-033-2001, 022301-4- 005-2003, 102301-4-047-2003, 102301-3-007-2003,102301-3- 001-2009, 102301-3-011-2007, 102301-4-001-2007, 102301-1- 007-2007, 112301-2-003-2008, 112301-2-006-2005, 112301-2- 007-2004, 112301-2-008-2003,112301-2-009-2002. WHEREAS, multiple requests for annexations and comprehensive plan amendments (see table below) were submitted and approved as provided by Resolution 1844, Planning and Development Procedures, and are listed on the annexation table set forth below; and WHEREAS, each of the previously approved City Council Ordinances listed below assigned a Comprehensive Plan Designation to the parcel and stated that the zoning designation would be granted at the time of the Project/Site specific review of the proposal; and WHEREAS, the City Council approved Ordinance No. 046-07, creating a reorganized Land Use Regulatory Code (Title 16) and removing the Project/Site Specific approval component of the Annexation/Comprehensive Amendment process; and WHEREAS, consistent with POMC Title 16 and sound land use planning policy, the City desires that all parcels located within City limits receive a zoning designation; and WHEREAS, the Planning Commission recommended on May 19, 2008, that the Planning Department prepare for the Planning Commissions consideration and recommendation a multi -property rezone resolution amending the City of Port Orchard zoning map by adopting zoning designations for certain property located within the City of Port Orchard to be in conformance with the comprehensive plan, as shown on table set forth below; and WHEREAS, a State Environmental Policy Act threshold determinations have been previously issued prior to City Council ordinance approval; and WHEREAS, the Planning Commission considered the proposed Resolution No. 004- 08 at a public hearing on June 16, 2008 and unanimously recommended approval of the multi Ordinance No. 021-08 Page 2 of 3 property rezone to the City Council, as set forth in Exhibit A; and WHEREAS, following published notice to the general public and individual notice to the affected property owners, the City Council held a public hearing on July 8, 2008, and heard testimony on the proposal from City staff and the public; and WHEREAS, being fully advised, the Council finds and concludes as follows: TESTIMONY AND EXHIBITS The Council bases its Findings and Conclusions on the following Exhibits and Testimony: The following documents were admitted into the record: A. Staff report to the Planning commission dated June 16, 2008, with attachments. B. Planning Commission Resolution 004-08, including Table showing property owners, tax parcel numbers, existing Comprehensive Plan designations and requested zoning designations. C. Planning Commission minutes for May 19, 2008. FINDINGS AND CONCLUSIONS 1. The City Council adopts the findings and conclusions as set forth in Planning Commission Resolution No. 004-08 (Attached Exhibit A) as its own, and the same are incorporated by reference. 2. The City Council further finds that as a matter of sound land use planning policy and in accordance with POMC Chapter 16.25 (Rezoning), all parcels within City limits should have a zoning designation. 3. The City Council further finds that the zoning designations proposed for the parcels listed in the table below are consistent with their respective Comprehensive Plan designations; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Based upon the exhibits, public testimony, recommendations of city staff and the planning commission, and the findings and conclusions contained herein, the City of Port Orchard Zoning Map is hereby amended by adopting the zoning designation for each parcel described on the table set forth below: File Name File Number Ordinance Number Comp Plan Desi nation Zoning Designation Tax Parcel Number(s) South Kitsap School CA-28-06 045-07 Community Community 252401-3-003-2009 District and public Facilities 252401-3-002-2000 spaces Brown, Rice, Krueger, A-02-05 021-07 Commercial Commercial 102301-1-008-2006 Waters 112301-2-010-2009 Ordinance No. 021-08 Page 3 of 3 112301-2-023-2004 112301-2-024-2003 112301-2-011-2008 112301-2-012-2007 112301-2-013-2006 Lindell CA-33-07 044-07 High Density R-20 252401-2-029-2001 Coppola CA-22-05 018-06 Commercial Commercial 342401-4-016-2001 Roland & Roland A 03-06 020-07 Commercial Commercial 022301-4-005-2003 Walden/Tanner/tinge A-04-07 024-07 High Density R-20, 047 102301-4-047-2003 rfeldt Residential only 102301-3-007-2003 Medium 102301-3-001-2009 Density R-12 102301-3-011-2007 Residential remainder 102301-4-001-2007 Tallman A-08-07 038-07 Commercial Commercial 102301-1-007-2007 /Greenbelt /Greenbelt 112301-2-003-2008 112301-2-006-2005 112301-2-007-2004 112301-2-008-2003 112301-2-009-2002 Tripp N/A 1914 Community Community 112301-1-011-2000 and public Facilities s aces SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this ordinance may be published in lieu of the entire ordinance as authorized by State law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passanp +n a+h rlav of 7uly. 2008. A T: Patricia 1. Kir patrick, City Clerk APPROVED AS TO FORM: 0 Gregory A. a by, i Attorney Sponsored By: c— Fred Chang, Council f�l rn RESOLUTION NO. 004-08 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, PLANNING COMMISSION RECOMMENDING APPROVAL OF THE ZONING OF THE PROPERTIES LISTED IN THE TABLE BELOW. WHEREAS, The applicants on the attached contact list are seeking to complete the Annexation/Comprehensive Plan Amendment process by receiving a zoning designation that either matches the current Comprehensive Plan designation or the recommended zoning that was outlined in the enabling ordinances listed below. WHEREAS, the applicants fled a request to receive a zoning designation in conformance with the current Comprehensive Plan designations. WHEREAS, on June 16, the Planning Commission held a public meeting on the application; and follows: WHEREAS, being fully advised, the Planning Commission finds and concludes as TESTMONY AND EXHIBITS The Planning Commission bases its findings and Conclusions upon the following Exhibits and Testimony that it finds to be relevant, credible, and persuasive. Table showing property owners, tax parcel numbers, existing Comprehensive Plan designations and requested zoning designations. Land Use Cases Requiring Zoning File N81ne Pile Ordinance Comp Plan Requested Tax Parcel Number(s) Number Number Designation Zoning South Kitsap School District CA_28-06 045-07 Community and Community 252401-3-003-2009 mblics acos Facilities 252401-3-002-2000 Brown, Rice, Krueger, Waters A-02-05 021-07 Commercial Commercial 102301-1-009-2006 112301-2-010-2009 112301-2-023-2004 112301-2-024-2003 112301-2-011-2008 112301-2-012-2007 112301-2-011-2006 Lindell CA-33-07 044-07 High Density R-20 252401-2-029-2001 Coppola CA-22-05 018-06 Commercial Commercial 342401-4-016-2001 Herstad CA-23-05 020-06 Commercial Commercial 352401-3-033-2001 Roland & Roland A-03-06 020-07 Commercial Commercial 022301-4-005-2003 Walden/Tanncr/Lingerfeldt _ A-04-07 024-07 High Density R-20, 047 only 102301-4-047-2003 Residential 102301-3-007-2003 Medium Density R-12 remainder 102301-3-001-2009 Resolution No. 004-08 Page 3 of 3 In each of the circumstances listed above, the enabling ordinances recommend the requested zoning designations. See the table below. CONCLUSIONS Conclusions: The unusual circumstance that created this condition of non conformance with the Comprehensive Plan designations requires that each of the above listed Annexation/Comprehensive Plan Amendments receive their recommended zoning designations. It is recommended by the Planning Department that the attached Planning Commission resolution be forwarded to the City Council with a recommendation of approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the City Council approve the zoning designations shown on the table within this resolution. PASSED by the Planning Commission of the City of Port Orchard, this 16", day of June, 2008. Gil Michael, Chair ATTEST: �s J rprs weaver (y6velopment Director NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of Ordinances approved by the Port Orchard City Council at their regular Council meeting held July 8, 2008. ORDINANCE NO. 021-08 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE CITY OF PORT ORCHARD ZONING MAP TO CHANGE THE ZONING DESIGNATION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY OF PORT ORCHARD TO BE IN CONFORMANCE WITH THE COMPREHENSIVE PLAN AS SHOWN ON ATTACHED TABLE. AFFECTED TAX PARCEL NO.'S: 102301-1-008-2006, 112301-2-010-2009,112301-2-023-2004, 112301-2-024-2003, 112301-2- 011-2008, 112301-2-012-2007,112301-2-013-2006, 112301-1-011-2000, 252401-3-003-2009, 252401-3-002-2000, 252401-2-029-2001, 252401- 2-303-2008, 252401-2-037-2001, 252401-2-038-2000, 342401-4-016- 2001, 352401-3-033-2001, 022301-4-005-2003, 102301-4-047-2003, 102301-3-007-2003, 102301-3-001-2009, 102301-3-011-2007, 102301- 4-001-2007, 102301-1-007-2007, 112301-2-003-2008, 112301-2-006- 2005, 112301-2-007-2004,112301-2-008-2003, 112301-2-009-2002. Copies of Ordinance No. 021-08 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 021-08 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick Deputy City Clerk Publish: Port Orchard Independent July 26, 2008