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024-08 - Ordinance - Amending Zoning MapFAILED August 12, 2008 (3-3) ORDINANCE NO. 024-0E 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 AFFECTED TAX PARCEL NO.: 352401-3-033-2001 WHEREAS, the owner of tax parcel No. 352401-3-033-2001 previously submitted a request for a comprehensive plan designation as provided by Resolution No. 1844, Planning and Development Procedures; and WHEREAS, the City Council subsequently adopted Ordinance No, 020-06 that assigned a Comprehensive Plan designation of Commercial to the parcel and stated that the Commercial 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 Commission's 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 determination was 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 to the City Council that tax parcel No. 352401-3-033-2001 receive a zoning designation of Commercial; 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 August 12, 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: Ordinance No. 024-08 Page 2 of 3 1. The following documents were admitted into the record; A. Staff report to the Planning commission dated June 16, 2008 and August 12, 2008, with attachments. B. Planning Commission Resolution No. 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 Commercial zoning designation proposed for the parcel listed below is consistent with the parcel's current Comprehensive Plan designation of Commercial; 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 the parcel described on the table set forth below; File Name File Number Ordinance Number Comp Plan Designation Zoning Designation Tax Parcel Number(s) Tom Herstad CA-23-05 020-06 Commercial Commercial 352401-3-033-2001 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. Ordinance No. 024-08 Page 3 of 3 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 12th day of August, 2008. ATTEST: FAILED 8-12-08 (3-3) Patricia 3. Kirkpatrick, City Clerk APPROVED AS TO FORM: FAILED 8-12-08 (3-3) Greg Jacoby, City Attorney FAILED 8-„12-08 (3-3) LARY COPPOLA, MAYOR Sponsored by: FAILED 8-12-08 CL3j Fred Chang, Councilman