028-08 - Ordinance - Amending Zoning MapORDINANCE NO. 028-08
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 FROM RESIDENTIAL 8 (R8)
TO RESIDENTIAL 12 (R12).
TAX PARCEL Nos. 4598-005-028-00071 4598-005-022-0003,
4598-005-017-0109, 4598-006-001-0303, 4598-006-004-0003,
4598-006-007-0000 and 4598-006-010-0104
LEGAL DESCRIPTION: SW 1/4 of Section 30, T 24N, R2E., W.M.
FULL LEGAL: Attachment A
WHEREAS, an application was received on March 27, 2007 from Olympic
Development LLC (Rezone Application R-1161) requesting approval of a rezone to change the
existing zoning on seven parcels totaling 3.49 acres with a current zoning designation of Residential
8 (R8) to Residential 12 (R12); legally described in Attachment A; and
WHEREAS, a Mitigated Determination of Non -Significance was issued on May 21,
2008; and
WHEREAS, the Hearing Examiner considered the application at a public hearing on
July 17, 2008 and heard testimony on the proposal from the applicant's agent and the public; and
recommended approval of the rezone to the City Council; and
WHEREAS, the approval also includes approval of two private roads for the Overlook
plat, serving two lots each, as required by Resolution 1971; and
WHEREAS, the Comprehensive Plan designation for the property is Medium -Density
residential, which allows the proposed development, and the proposed rezone would be consistent
with the goals and policies of the Comprehensive Plan; and
WHEREAS, the proposed rezone is not detrimental to the health, safety, and welfare
of the community and is both consistent with and in harmony with the general purposes of the Land
Use Regulatory Code, Growth Management Act, and Comprehensive Plan; and
WHEREAS, being fully advised, the Council finds and concludes as follows:
FINDINGS AND CONCLUSIONS
The Council adopts the Hearing Examiner's findings and conclusions as set forth in the
"Findings Conclusions, and Recommendation" for the Overlook Rezone No. R-1161, (Attached
Exhibit B) as its own, and the same are incorporated by reference; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
Ordinance No. 028-08
Page 2 of 4
AS FOLLOWS:
SECTION 1. Based upon the exhibits, public testimony, recommendations of city staff and
the Hearing Examiner, and the findings and conclusions contained herein, the City of Port Orchard
Zoning Map, is hereby amended by changing the zoning designation for the property described in,
to -wit: Parcel Numbers 4598-005-028-0007, 4598-005-022-0003, 4598-005-017-0109, 4598-006-
001-0303, 4598-006-004-0003, 4598-006-007-0000 and 4598-006-010-0104 from Residential 8
(R8) to Residential 12 (R12).
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 passage this 26th day of August, .2008.
ATT T:
Patricia 1. Ki4�4i,lerk
APPROVED AS TO FORM:
rAaCity Attorney ^n
Sponsored by;
�q
- C�L -OLAN A
Fred Chang, Councilman
EXHIBIT A
Legal Descriptions
Parcel 1 4598-005 -0 28-00 07
NAVY YARD ADDN TO SIDNEY
Ordinance No, 028-08
Page 3 of 4
LOTS 28 THRU 32, BLOCK 5, NAVY YARD ADDITION TO SIDNEY ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 1 OF PLATS, PAGES 87, RECORDS OF
KITSAP COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF VACATED
PALMER AVENUE AS ATTACHES BY OPERATION OF LAW PER ORDINANCE NO.
1791, RECORDED UNDER AUDITOR'S FILE NO. 3241143, DATED MARCH 6, 2000.
Parcel2 4598-005-022-0003
NAVY YARD ADDN TO SIDNEY
LOTS 22 THRU 27, BLOCK 5, NAVY YARD ADDITION TO SIDNEY ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 1 OF PLATS, PAGES 87, RECORDS OF
KITSAP COUNTY, WASHINGTON, TOGETHER WITH THAT PORTION OF VACATED
PALMER AVENUE AS ATTACHES BY OPERATION OF LAW PER ORDINANCE NO.
1791, RECORDED UNDER AUDITOR'S FILE NO. 3241143, DATED MARCH 6, 2000.
Parcel _3.4598-005-017-Q109
NAVY YARD ADDN TO SIDNEY
LOTS 17 THRU 21, BLOCK 5, NAVY YARD ADDITION TO SIDNEY ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 1 OF PLATS, PAGES 87, RECORDS OF
KITSAP COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF VACATED
HARRIET STREET AS ATTACHES BY OPERATION OF LAW PER RESOLUTION 004-
2000 AS RECORDED UNDER AUDITOR'S FILE NO. 3231877, RECORDS OF KITSAP
COUNTY, WASHINGTON. ALSO TOGETHER WITH THAT PORTION OF VACATED
PALMER AVENUE AS ATTACHES BY OPERATION OF LAW PER ORDINANCE NO.
1791, RECORDED UNDER AUDITOR'S FILE NO. 3241143, DATED MARCH 6, 2000.
Parcel 4 4 9-006-001-0 0
NAVY YARD ADDN TO SIDNEY
LOTS 1 THRU 3, AND LOTS 30 THRU 32, ALL IN BLOCK 6, NAVY YARD ADDITION
TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 87,
RECORDS OF KITSAP COUNTY, WASHINGTON. TOGETHER WITH THOSE
PORTIONS OF VACATED WENDELL AND HARRIET STREET AS ATTACHES BY
OPERATION OF LAW PER RESOLUTION 004-2000 AS RECORDED UNDER
AUDITOR'S FILE NO. 3231877, RECORDS OF KITSAP COUNTY, WASHINGTON.
ALSO TOGETHER WITH THAT PORTION OF VACATED PALMER AVENUE AS
ATTACHES BY OPERATION OF LAW PER ORDINANCE NO. 1791, RECORDED
UNDER AUDITOR'S FILE NO. 3241143, DATED MARCH 6, 2000.
Parcel 4598-006-Q24-0003
NAVY YARD ADDN TO SIDNEY
LOTS 4 THRU 6, AND LOTS 27 THRU 29, ALL IN BLOCK 6, NAVY YARD ADDITION
Ordinance No. 028-08
Page 4 of 4
TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 87,
RECORDS OF KITSAP COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION
OF VACATED WENDELL STREET AS ATTACHES BY OPERATION OF LAW PER
RESOLUTION 004-2000 AS RECORDED UNDER AUDITOR'S FILE NO. 3231877,
RECORDS OF KITSAP COUNTY, WASHINGTON. ALSO TOGETHER WITH THAT
PORTION OF VACATED PALMER AVENUE AS ATTACHES BY OPERATION OF LAW
PER ORDINANCE NO. 1791, RECORDED UNDER AUDITOR'S FILE NO. 3241143,
DATED MARCH 6, 2000.
Parcel 6 4598-006-007-0000
NAVY YARD ADDN TO SIDNEY
LOTS 7 THRU 9, AND LOTS 24 THRU 26, ALL IN BLOCK 6, NAVY YARD ADDITION
TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 87,
RECORDS OF KITSAP COUNTY, WASHINGTON, TOGETHER WITH THAT PORTION
OF VACATED WENDELL STREET AS ATTACHES BY OPERATION OF LAW PER
RESOLUTION 004-2000 AS RECORDED UNDER AUDITOR'S FILE NO. 3231877,
RECORDS OF KITSAP COUNTY, WASHINGTON. ALSO TOGETHER WITH THAT
PORTION OF VACATED PALMER AVENUE AS ATTACHES BY OPERATION OF LAW
PER ORDINANCE NO. 1791, RECORDED UNDER AUDITOR'S FILE NO. 3241143,
DATED MARCH 6, 2000.
Parcel 4598-006-010-0104
NAVY YARD ADDN TO SIDNEY
LOTS 10 AND 23, BLOCK 6, NAVY YARD ADDITION TO SIDNEY, AS PER PLAT
RECORDED. IN. VOLUME 1 OF PLATS, PAGE 87, RECORDS OF KITSAP COUNTY,
WASHINGTON. TOGETHER WITH THAT PORTION OF VACATED WENDELL AS
ATTACHES BY OPERATION OF LAW PER RESOLUTION 004-2000 AS RECORDED
UNDER AUDITOR'S FILE NO. 3231877, RECORDS OF KITSAP COUNTY,
WASHINGTON. ALSO TOGETHER WITH THAT PORTION OF VACATED PALMER
AVENUE AS ATTACHES BY OPERATION OF LAW PER ORDINANCE NO. 1791,
RECORDED UNDER AUDITOR'S FILE NO. 3241143, DATED MARCH 6, 2000.
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 26, 2008.
ORDINANCE NO. 028-08
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 FROM RESIDENTIAL 8 (R8) TO RESIDENTIAL 12 (R12).
TAX PARCEL NOS. 4598-005-028-0007, 4598-005-022-0003,
4598-005-017-0109, 4598-006-001-0303, 4598-006-004-
0003, 4598-006-007-0000 and 4598-006-010-0104
LEGAL DESCRIPTION: SW 1/4 of Section 30, T 24N, R2E., W.M.
Copies of Ordinance No. 028-08 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. 028-08 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
August 30, 2008