039-08 - Ordinance - Zoning Map Changes, FAILED
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
FAILED 10/28/08
ORDINANCE NO. 039-08
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 4.5
(R4.5) TO RESIDENTIAL 20 (R20).
TAX PARCELS NO. 352401-3-086-2007
LEGAL DESCRIPTION: SE ¼ of the WE ¼ of Section 35, T 24N,
R1E., W.M.
FULL LEGAL:
LOT D CITY OF PORT ORCHARD SHORT PLAT NO. PO-99 (S-1101) BEING
RECORDED UNDER AUDITOR'S FILE NO. 3180797 IN VOLUME 15 PAGE 41 OF
SHORT PLATS. THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE ABOVE SAID SUBDIVISION; THENCE ALONG THE
NORTH LINE OF SAID SUBDIVISION SOUTH 87*46'44 EAST 20.00 FEET; THENCE
CONTINUING SOUTH 87*46'44 : EAST 200.05 FEET; THENCE PARALLEL WITH THE
WEST LINE OF SAID SUBDIVISION SOUTH 00* 55' 18 WEST 94.94 FEET; THENCE
SOUTH 88*43'05 EAST 93.27 FEET; THENCE SOUTH 54*44'12 EAST 32.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 54*44'12 EAST 144,73 FEET;
THENCE SOUTH 00*55'18 WEST 36.00 FEET TO A POINT ON
WHEREAS, an application was received on August 1, 2008 from Kevin Decker,
Director, Poplar Heights Birth and Wellness Center (Rezone Application R-1188) requesting approval
of a rezone to change the existing zoning on a parcel containing a single-family residence totaling
0.33 acres with a current zoning designation of Residential 4.5 (R4.5) to Residential 20 (R20);
legally described above; and
WHEREAS, a Mitigated Determination of Non-Significance was issued on August 28,
Ordinance No. 039-08
Page 2 of 3
2008; and
WHEREAS, the Hearing Examiner considered the application at a public hearing on
September 18, 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 site is presently designated as High density residential
Comprehensive Plan land use designation that may not be consistent with and a low density
Residential 4.5 (R 4.5) zoning,
WHEREAS, the Comprehensive Plan designation for the property is Residential –
High Density, 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 Kevin Decker Rezone No. R-1188, (Attached
Exhibit A) as its own, and the same are incorporated by reference; 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 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 352401-3-086-2007 from Residential 4.5 (R4.5) to Residential 20 (R20).
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. 039-08
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 28th day of October, 2008.
FAILED 10/28/08
Lary Coppola, Mayor
ATTEST:
FAILED 10/28/08
Patricia J. Kirkpatrick, City Clerk
APPROVED AS TO FORM: Sponsored by:
FAILED 10/28/08 FAILED 10/28/08
Jennifer Forbes, Assistant City Attorney Fred Olin, Councilmember