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018-06 - Ordinance - Amending Comprehensive Plan MapNOTICE 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 September 25, 2006. ORDINANCE NO. 018-06 AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP BY REDESIGNATING PROPERTY LOCATED AT 321 TREMONT STREET IN KITSAP COUNTY, WASHINGTON KNOWN AS THE COPPOLA PROPERTY (TAX NO. 342401-4-016-2001) FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL Copies of Ordinance No. 018-06 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. 018-06 will be provided at a nominal charge. City of Port Orchard Michelle Merlino Interim City Clerk Publish: Port Orchard Independent September 30, 2006 Kitsapiegals0soundpublishing.com 200610040038 page: 1 i i} 5 PORT ORCHARD i::YT1 OFijRCi 6,r7�a F'0,--1. �`200F, 11H12 06P City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP BY REDESIGNATING PROPERTY LOCATED AT 321 TREMONT STREET IN KITSAP COUNTY, WASHINGTON KNOWN AS THE COPPOLA PROPERTY (TAX NO. 342401-4-016-2001) FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL TAX PARCEL NO. 342401-4-016-2001. LEGAL DESCRIPTION: SE1/4 S34, 24N, R1E FULL LEGAL DESCRIBED IN EXHIBIT "A" WHEREAS, on June 12, 1995 the City Council by Ordinance No. 1634 adopted the City's Comprehensive Plan; and WHEREAS, on December 28, 1998 the City Council in Ordinance No. 1748 adopted the City's Zoning Ordinance; and WHEREAS, the applicant has initiated a Comprehensive Plan Map Amendment, Application No. CA22-05, requesting that the property legally described in Exhibit "A" be changed from High Density Residential to "Commercial" in the Comprehensive Plan for the future development of a 9,600 sq. ft 2-story condominium office building and a 33-stall parking lot; and WHEREAS, a programmatic Determination of Non -Significance was issued on August 4, 2006: and WHEREAS, the Planning Commission held a Public Meeting for the proposed Comprehensive Plan Map amendment August 21, 2006; and WHEREAS, the City of Port Orchard Planning Commission has transmitted to the Council of the City of Port Orchard their findings and conclusions as stated in Planning Ordinance No. 018-06 Page 2 of 4 Commission Resolution No. 014-06, recommending Comprehensive Plan Map Amendment Application No. CA22-05 be approved for the reasons stated therein; and WHEREAS, the City Council has reviewed the recommendation of the Planning Commission concerning these issues, held a public hearing on September 11, 2006 to take public testimony; 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: 1. The following documents were admitted into the record as exhibits: a. Agenda Staff Report dated September 11, 2006. b. Planning Commission Resolution No. 014-06 c. Planning Commission Staff Report dated August 21, 2006 d. Application Packet. e. Legal Notice/SEPA/DNS f. Notice to Adjacent property owners 2. Director Long -Woods presented the Staff Report. 3. No members of the public testified on this matter at the City Council Public Hearing. FINDINGS: 1. Applicant, Larry Coppola, has submitted an application for a Comprehensive Plan Amendment, to change the current camp plan designation of an approximate .87 acre parcel from High Density Residential to Commercial. The parcel is within the City limits (Tax No. 342401-4-016-2001) and is located at 321 Tremont Street. 2. The site fronts Tremont Street to the south, Pottery Avenue to the east, and Alder Lane W. to the northwest. The properties to the north and east are designated High Density Residential. Other properties to the north and west are designated Public and Community Spaces and High Density Residential. All surrounding properties are within the city limits of Port Orchard. 3. The site is in an area which contains both residential and a mix of business and medical offices. The applicant intends to rezone the property to Commercial in the near future with a site plan specific rezone for the development of a future professional office building. 4. RCW 36.70A.130 allows the City to amend comprehensive plan and zoning designations. 5. The utilities for the property are currently available from the City. The 200610040038 1111111111111111111111111111111 I111111 III 1111111111111Page: 2 of 5 1 &- 64;:2�_ C46 12 C46P Kit -car) PORT ORCHARD CITY OF ORD r36.&f.4 i_o, UA Ordinance No. 018-06 Page 3 of 4 property will be served by adequate public sewer, water supply, roads, and other needed public facilities and services. 6. The site has access to both Pottery Avenue and Tremont Street. CONCLUSIONS 1. Amending the Comprehensive Plan to designate the Coppola Property (Tax No. 342401-4-016-2001) as Commercial property is appropriate under the comprehensive plan. Changing the existing designation from High Density Residential to Commercial is in conformance with the goals and policies of the Comprehensive Plan and the Growth Management Act. 2. Designating the property to Commercial is in furtherance of the health, safety, and general welfare of the community. 3. Future zoning of the property to Commercial (C), is compatible with existing zoning in the area and is consistent with the City's Zoning Ordinance and Comprehensive Plan, and is in furtherance of the health, safety, and general welfare of the community. 4. It is in the public interest to designate the Coppola Property (Tax No. 342401-4-016-2001) as Commercial on the Comprehensive Plan Land Use Map, with future zoning to be addressed by a site -specific rezone when a development proposal is formally submitted WHEREFORE,OF a WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. The City of Port Orchard Comprehensive Plan, Ordinance No. 1634, is hereby amended by changing the comprehensive plan map designation of the property described in Exhibit "A" from High Density Residential to Commercial. SECTION 2. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 3. 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. 200610040038 11EITI11IIIIIIIIIIIIIIIIIIIIIIIIIII 1�11I111 1&;'04r'20raF 12 FJ6F' PORT ORCHARD CITY OF ORCr K36, tj + K i t s p Co, OR Ordinance No. 018-06 Page 4of4 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 25t" day of September 2006. ATTEST: Michelle Merlino, Interim City Clerk C ty rney KIM E. ABEL, MAYOR Sponsored by: Rick Wyatt, Councilman 200610040038 Facie: 4 04' 5 1&.`04/2006 12 06P PORT ORCHARD CITY OF OF'C+ t;6, , p0 K i t a C 0 " 6IA LEGAL DESCRIPTION 342401-4-016-2001 A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE -QUARTER CORNER BETWEEN SECTIONS 34 AND 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 544.99 FEET; THENCE S89*28'48 W 10.00 FEET TO THE WEST MARGIN OF POTTERY HILL ROAD AND THE TRUE POINT OF BEGINNING; THENCE S89*28'48 W 160.00 FEET; THENCE NORTH 163.42 FEET; THENCE S43*00'W 303.07 FEET; THENCE SOUTH 38.81 FEET TO A POINT ON A CURVE, ON THE NORTH MARGIN OF THE COUNTY ROAD, WHOSE RADIUS POINT BEARS S12*08'05 E 746.20 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 151.27 FEET; THENCE N89*28'48 E 216.57 FEET TO THE WEST MARGIN OF POTTERY HILL ROAD; THENCE NORTH 80.00 200610040038 FORT ORCHARD CITE' OF ORD $A,RFj Ki{t�rayf.1�C'o., IIHIc:h;gF