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1889 - Ordinance - Amending Ordinance 1634 Comp PlanNOTICE 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 January 13, 2003. ORDINANCE NO. 1889 AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON, AMENDING CITY OF PORT ORCHARD COMPREHSNIVE PLAN ORDINANCE NO. 1634; BY AMENDING THE COMPREHENSIVE PLAN MAP FOR A PARCEL LOCATED NORTH AND WEST OF THE INTERSECTION OF CANYON COURT AND TREMONT AVENUE, AND ADJACENT AND EAST OF SR-16. (CA-15-02) Copies of Ordinance No. 1889 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. 1889 will be provided at a nominal charge. City of Port Orchard ,. Michelle Merlin0 Deputy Clerk Publish: Port Orchard Independent January 22,2003 Kitsaple~.als(iiisoundpublishing.com PORT ORCHRRD CITY OF ORD $22.86 Kitsap Co, UH City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ORDINANCE NO. 1889 AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING CITY OF PORT ORCHARD COMPREHENSIVE PLAN ORDINANCE NO. 1634; BY AMENDING THE COMPREHENSIVE PLAN MAP FOR A PARCEL LOCATED NORTH AND WEST OF THE INTERSECTION OF CANYON COURT AND TREMONT AVENUE, AND ADJACENT AND EAST OF SR- 16. (CA-15-02) Tax Account No. 342401 -1 -029-2002 Legal Description: SW 5/4 of the NE 5/4 of Section 34, Township 24N, Range 1 E. Full Legal Description: Attachment "1" WHEREAS, the City Council adopted the Comprehensive Plan for the City of Port Orchard, by Ordinance No. 1648, pursuant to the Washington State Growth Management Act (RCW 36.70A); and WHEREAS, State Law RCW 36.70A.130 dictates that cities shall at least every five years take action to review and, if needed, revise its Comprehensive Plan; and WHEREAS, the applicant has initiated a Comprehensive Plan Map Amendment, CA-15-02, requesting that the subject properties be designated as Medium Density Residential"; and WHEREAS, it is the intent of the City to apply a designation of "Medium Density Residential" to those properties where small home/lot development is preferred in comparison to areas of the City that would be most appropriate for more dense housing types such as stacked multi-unit apartment living, as outlined in CA-11-02; and WHEREAS, it is the intent of the City to apply a designation of "Greenbelt" to those properties that contain extensive critical areas such a streams, wetlands, andlor steep slopes that are constraints to development, as outlined in CA-13-02; and WHEREAS, the citywide mapping of Medium Density Residential and Greenbelt, CA-11-02 & CA-13-02, have been prepared through analysis to determine which areas of the Ross Point Plateau area is most developable. This analysis indicates that only the north portion of the subject property is suitable for urban-level development, and this application, as presented is not consistent with the analysis; and WHEREAS, adequate public notice has been given utilizing several public informational mediums, including the "Citizen Update", advertisements, and legal notices. The public has been provided the opportunity to give comment at bo open house sessions held on August 7 and 15, 2002; as well as opportunity before the Port Orchard Planning Commission on August 19, 2002, September 16, 2002, October 4 and 30, 2002, and November 4, 2002. The Planning Commission held a Special Study Session to No. 1889 Page Two of Three tour the City in consideration of CA-15-02, and the other proposed Comprehensive Plan Amendments for 2002; 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 Commission Resolution No. 330- 02, recommending Comprehensive Plan Map Amendment Application CA-15-02 be denied for the reasons stated therein: and WHEREAS, city staff provided the City Council an overview of the proposed Comprehensive Plan Amendments on November 12, 2002, a Public Hearing was held before the City Council on December 9, 2002, and the Decision Hearing regarding all the annual 2002 proposed Comprehensive Plan Amendments was held before the City Council on December 23,2002; and, WHEREAS, the proposed Comprehensive Plan Map Amendment CA-15-02, as modified herein, is found to be consistent with the goals of the community, adopted Comprehensive Plan, and general requirements of the Growth Management Act (RCW 36.70A); now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. That the City Council does hereby approve Comprehensive Plan Map Amendment CA-15-02, with the revision that the northern developable portion of the property be designated “Medium Density Residential” on the Comprehensive Plan Map to be consistent with the citywide mapping as reflected in Comprehensive Plan Map Amendment CA-11-02 (Medium Density Residential Designation), and that the remainder retain the current Comprehensive Plan Map Designation of “Greenbelt“ to be consistent with the citywide mapping as reflected in Comprehensive Plan Map Amendment CA-13-02 (Greenbelt designation), as depicted in Attachment ‘2’. 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 afler 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. by the City Clerk in authentication of such passage this 13’ day of Janua PASSED by the City Council of the City of Port Orchard, s’ ned by the Mayor and attested &j//$& LESLIE J. WEATHERILL, MAYOR AlTEST: Patricia Parks, City Clerk SDonsored bv: - __ . 200301 160226 rap 2 oi 4 llllllllllll lllllllllllllll lllnllllllllRlllll Illlllll oi%Y?663 62 1% PORT ORCHARD CITY OF ORD $722 80 Kitsap Co) UR Ordinance No. 1889 Page 3 of 3 Attachment ‘1’ Legal Description: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHIINGTON DESCRIBED BY DECLARATION OF SEGRAGATION RECORDED UNDER AUDITORS FILE NO. 200008240293 DESCRIBED AS FOLLOWS: PARCEL I: THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT STATE HIGHWAY; AND EXCEPT THE NORTH 30 FEET AS CONVEYED TO KITSAP COUNTY BY DEED RECORDED UNDER AUDITORS FILE NO. 924259; AND EXCEPT THAT PORTION WITHIN THE PLAT OF CEDAR CANYON ESTATES DIVISION 3, AS PER PLAT RECORDED IN VOLUME 26 OF PLATS, PAGES 80 AND 81, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL II: THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, MARGIN OF STATE HIGHWAY; AND EXCEPT THAT PORTION WITHIN THE PLAT OF CEDAR CANYON ESTATES DIVISION 3, AS PER PLAT RECORDED IN VOLUME 26 OF PLATS, PAGES 80 AND 81, RECORDS OF KITSAP COUNTY, WASHINGTON; AND EXCEPT THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT 1063 RECORDED UNDER AUDITORS FILE NO. 9110290137 BEING A POINT ON THE FEET; THENCE N22*55’36W 138 FEET; THENCE N4*00’00w 53.00 FEET; THENCE N36*3000W 18.50 FEET; THENCE N7’00’00E 14.00 FEET; THENCE N35*00’00” 12.00 FEET; THENCE N3*00’00”E 38.00 FEET; THENCE N17’00’00W 20.00 FEET; THENCE N65*3000W 77.50 FEET; THENCE N26*0000W 33.50 FEET; THENCE N51’00’00W 49.50 FEET; THENCE N13*00’00”E 67.00 FEET; THENCE N12*3000W 114.00 FEET; THENCE NlO”3000’W 56.50 FEET; THENCE N4*30’00W 77.00 FEET; THENCE N36*00’00W 63.50 FEET; THENCE N10*00’00 W 22.00 FEET; THENCE N2*05’00E 33.46 FEET TO THE SOUTHWEST CORNER OF LOT 54, SAID PLAT OF CEDAR CANYON ESTATES DIVISION 3 AND THE POINT OF TERMINATION OF THIS LINE; AND EXCEPT THAT PORTION LYING SOUTH OF THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 56, PLAT OF CEDAR CANYON ESTATES, DIVISION 3, AS PER PLAT OF RECORDED IN VOLUME 26 OF PLATS, PAGES 80 AND 81, RECORDS OF KITSAP COUNTY, WASHINGTON; SITUATE IN KITSAP COUNTY, WASHINGTON. KITSAP COUNTY AUDITORS FILE NO. 200011290160 BEING A RE-RECORDING OF WASHINGTON; EXCEPT THAT PORTION LYING WEST OF THE EAST RIGHT-OF-WAY THE SOUTHWEST CORNER OF LOT C OF THE CITY OF PORT ORCHARD SHORT PLAT S- NORTHERLY RIGHT-OF-WAY MARGIN OF TREMONT STREET; THENCE N7*32’36~ 20.00 - - - 200301 160226 Page 3 of 4 lllllllllllllllllllllllllll llllllllllll URD Ill IIRlllllllll $2 88 81 Kitsap ’IEitW corn UR E 18F PORT ORCHRRD CITY OF 2002 Comprehensive Plan Amendment CA-15-02 Attachment 2 SUBJECT PROPERTY ,- 200301160226 Pqe 4 of 4 I111111 11111 111111 11111 1111 1111111 11111 111 11111 1111 1111 tx16 o? ISF ~~ ~ PORT ORCHARO CITY OF OR@ $2 88 Kitsap Lo, WR