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025-08 - Ordinance - Amending Ordinance 011-06 Approving Revised Site Specific PlanORDINANCE NO. 025-08 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD ORDINANCE NO. 011-06 BY APPROVING A REVISED SITE SPECIFIC PLAN FOR PROPERTY LOCATED AT 2143 AND 2153 BETHEL AVENUE TAX PARCEL NO. 362401-2-015-2004 WHEREAS, an application was received on January 5, 2006 from Columbia Mortgage Capitol Corporation requesting a site -specific rezone to change the existing zoning on a 1.41 acre parcel, legally described in Exhibit A, with a current Comprehensive Plan Designation of Commercial and a zoning designation of Residential 4.5 (R4.5) to Commercial, Retail and Office (CO); and WHEREAS, the City Council held a public hearing on January 14, 2006 and approved Ordinance No. 011-06 approving the Site -Specific Rezone on April 24, 2006; and WHEREAS, KBSJ Development LLC has submitted an application requesting approval of a revised site -specific plan to remove the two existing buildings and construct two single -story buildings and one two-story building with retail and office uses permitted in the Commercial (CO) zoning designation currently on the property; and WHEREAS, the City Council held a public hearing on August 12, 2008 to consider the revisions to the site -specific plan that included the construction of two single -story buildings and one two-story building with retail and office uses and being fully advised, the Council finds and concludes as follows: TESTIMONY AND EXHIBITS The City Council bases its findings and conclusions upon the following exhibits and testimony that it finds to be relevant, credible, and persuasive. 1. The following documents were admitted into the record: A. Staff report dated August 12, 2008, with attachments B. Application for revised site -specific plan review dated June 4, 2008. 2. James Weaver, Director of Development, explained the circumstances of the proposed modification. Ordinance No: 025-08 Page 2 of 3 FINDINGS Based upon the above testimony and exhibits, the city Council finds as follows: 1. In 2006, the City Council adopted Ordinance No. 011-06 approving a site -specific rezone for the subject property. 2. On June 4, 2008, the property owner's representative submitted an application for a site plan modification. 3. The applicant proposes to remove the existing structures and construct two -single story buildings and one two-story building with retail and office uses. 4. The site is designated Commercial by the Comprehensive Plan and Commercial, Retail and Office (CO) on the City Zoning Map. 5. Part 2, Section 11 of the city of Port Orchard Planning and Development Procedures provides that any major modification, deviation or departure from the originally approved site plan or application shall constitute a violation of the zone adjustment approval unless the City Council has reviewed and approved the modified site plan after conducting a public hearing. The City Council may subject the modified site plan to new conditions. CONCLUSIONS 1. The Comprehensive Plan's designation for the subject property is Commercial. The revised site plan is consistent with the goals and policies of the Comprehensive Plan. 2. The site plan modification is not detrimental to the health, safety, and welfare of the community and is in harmony with the general purposes of the zoning regulations, the Growth Management Act, and the Comprehensive Plan. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Based upon the recommendations of City staff and the Findings and Conclusions set forth herein, the revised site -specific plan for the property located at 2143 and 2153 Bethel Avenue is hereby approved subject to the development regulations set forth in POMC Title 16 (Land Use Regulatory Code). 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 law. Ordinance No: 025-08 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 passe ..ric , City Clerk APPROVED AS TO FORM: Greg jacobVcljy Atto n y Sponsored by: �qj 6n Frey Olin, Councilmember LEGAL DESCRIPTION PARCEL 'A': A.P.N. 362401-2-018 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH,, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST BOUNDARY OF MITCHELL ROAD, WHICH IS SOUTH 0.8'17" EAST, 1330.97 FEET AND SOUTH 89019' EAST 715 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 36; THENCE FOLLOWING THE WEST BOUNDARY OF MITCHELL ROAD IN A SOUTHWESTERLY DIRECTION 714.71 FEET TO THE SOUTHEAST CORNER OF PROPERTY CONVEYED TO PUGET SOUND POWER BY DEED RECORDED UNDER AUDITOR'S FILE NO.563648 TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY ALONG THE WEST LINE OF SAID MITCHELL ROAD 100 FEET; THENCE NORTH 89019' WEST 435 FEET, MORE OR LESS, TO THE EAST MARGIN OF BETHEL AVENUE; THENCE NORTH ALONG SAID MARGIN 100 FEET, MORE OR LESS, TO A POINT WEST OF THE POINT OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING; EXCEPT THE EASTERLY 200 FEET AS MEASURED ALONG THE SOUTH LINE THEREOF. PARCEL 'B': A.P.N.362401-2-015 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 A POINT ON THE WEST MARGIN OF MITCHELL ROAD, WHICH IS SOUTH 0008" 7" EAST 1330.97 FEET AND SOUTH 89019' EAST 715.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 36, THENCE FOLLOWING THE WEST MARGIN OF MITCHELL ROAD IN A SOUTHWESTERLY DIRECTION, A DISTANCE OF 464.71 FEET TO THE SOUTHEAST CORNER OF PROPERTY DEEDED TO PUGET SOUND POWER AND LIGHT COMPANY BY DEED RECORDED UNDER AUDITOR'S FILE NO. 563648, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTHWESTERLY ALONG THE WEST MARGIN OF MITCHELL ROAD, A DISTANCE OF 250.00 FEET; THENCE NORTH 89°19' WEST 435 FEET, MORE OR LESS, TO THE EAST MARGIN OF STATE ROAD NO. 14; THENCE FOLLOWING THE EASTERLY MARGIN OF STATE ROAD NO. 14 IN A NORTHERLY DIRECTION 247 FEET, MORE OR LESS, TO A POINT WHICH BEARS NORTH 89'19' WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°19' EAST 462 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE EASTERLY 200 FEET THEREOF, (AS MEASURED PARALLEL WITH THE WESTERLY MARGIN OF MITCHELL ROAD); CONVEYED TO JESSE E. TRUAX AND LAVRETTA J. TRUAX, HIS WIFE, BY DEED RECORDED UNDER AUDITOR'S FILE NO. 666319, AND TO LAWRENCE CAIN AND MARY CAIN, HIS WIFE, BY DEED RECORDED UNDER AUDITOR'S FILE NO. 802490. 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 August 12, 2008. ORDINANCE NO.025-08 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD ORDINANCE NO. 011-06 BY APPROVING A REVISED SITE SPECIFIC PLAN FOR PROPERTY LOCATED AT 2143 AND 2153 BETHEL AVENUE Copies of Ordinance No. 025-08 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. 025-08 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Port Orchard Independent August 16, 2008