1724 - Resolution - Denying Zone Reclassification West side of Pottery, South of Melcher (Golden Pond) -J&H LimitedA
RESOLUTION NO. 1724
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
DENYING ZONE RECLASSIFICATION OF CERTAIN PROPERTY
LOCATED ON THE WEST SIDE OF POTTERY AVENUE, 400 FEET
SOUTH OF MELCHER STREET AND CURRENTLY HAS ADDRESSES
CONSISTING OF 1280, 1290 AND 1330 POTTERY AVENUE
(commonly known as "Golden Pond"). THE CONTRACT
PURCHASER IS J&H LIMITED LIABILITY PARTNERSHIP AND THEIR
REPRESENTATIVE IS KEENE ENGINEERING.
WHEREAS, the contract purchaser is J & H Limited Liability Partnership and
their representative is Keene Engineering, has petitioned a zoning ordinance
amendment, requesting reclassification of property located on the west side of
Pottery Avenue, 400 feet south of Melcher Street (commonly known as "Golden Pond")
as described in said petition, and
WHEREAS, The City of Port Orchard Planning Commission has transmitted to
the Council of the City of Port Orchard, Washington a copy of their Resolution No.
258-96 - ATTACHMENT "A" recommending denial of said petition, and
WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing
on February 12, 1996 to hear testimony of fact and conclusion as follows:
WHEREAS, many neighbors spoke in opposition to the rezone stating
that the proposed high density development would irreprably harm their
neighborhood character.
FINDINGS OF FACT: The requested density is not compatible with the
existing density of the surrounding neighborhood and nearby
critical areas.
The proposed use is not a permitted use within Residential High and
Greenbelt.
CONCLUSION: Based on testimony, materials presented and findings
of fact, the Port Orchard City Council does hereby conclude that
granting this zone reclassification would be detrimental to the
health, safety, morals and general welfare of the community.
NOW, THEREFORE, be it ordained that the Council of the City of Port
Orchard, Washington does hereby deny this rezone application based on the above
Findings of Fact and Conclusion.
PASSED by the City Council of the City of Port Orchard, SIGNED by the
Mayor and attested by the Clerk in authentication of such ssage this 26th day of
February, 1996.
E LIE J. WEATHERILL, MAYOR
ATTEST:
�1..
Patricia Parks, City Clerk
Resolution No. 1724
Attachment "A"
CITY OF PORT ORCHARD
PLANNING COTNMSSZON
RESOLUTION NO. 258-96
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING
COMMISSION RECOMMENDING THE CITY COUNCIL DENY A
RECLASSIFICATION OF 10 ACRES FROM RESIDENTIAL. LOW AND
GREENBELT TO RESIDENTIAL HIGH AND GREENBELT AND A
PRELIMINARY PLAT, KNOWN AS GOLDEN POND, LOCATED AT 1280, 1290
AND 1330 POTTERY AVENUE.
LEGAL DESCRIPTION:
PARCEL I: THE NORTH FIVE (5) ACRES OF THE SOUTH 10 ACRES OF THE
NORTH 25 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.W.;
EXCEPT THE SOUTH'/z ACRE; SITUATE IN THE CITY OF PORT ORCHARD,
COUNTY OF KITSAP, STATE OF WASHINGTON.
PARCEL II: THE SOUTH 10 ACRES OF THE NORTH 25 ACRES OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON; EXCEPT THE NORTH 4.5 ACRES THEREOF; AND EXCEPT
POTTERY AVENUE; SITUATE IN THE CITY OF PORT ORCHARD, KITSAP
COUNTY, WASHINGTON.
WHEREAS, a Public Hearing was held on Monday, January 15, 1996, and the Planning
Commission considered at length the findings and facts of the proposal, testimony, and materials
presented at the Hearing; and
WHEREAS, the applicant requested Reclassification from Residential Low and Greenbelt
to Residential High and Greenbelt to allow a subdivision of 10 acres into 37 single family
residential lots; and
WHEREAS, the majority of the neighboring residents present at the Hearing were
opposed to the project because of existing drainage problems and nonexistent road improvements
prior to approval of additional units; and
WHEREAS, the Planning Commission considered the impacts of additional traffic and
stormwater in the general area and project impacts to Ross Creek and surrounding properties in
particular; and
WHEREAS, the proposed use could therefore be detrimental to the public health, safety,
welfare and be injurious to property and improvements in the vicinity, and therefore would not
be in conformance with the objectives of the Comprehensive Plan.
Resolution No. 1724
Attachment "A"
Resolution Number 258-96
Page 2
WE THEREFORE FIND: That the proposed Reclassification from Residential Low and
Greenbelt to Residential High and Greenbelt and the Preliminary Plat incompatible with the
surrounding land uses and detrimental to the surrounding community.
CONCLUSION: Based upon the facts, testimony, and materials presented at the
Hearing, we therefore conclude that the Reclassification from Residential Low and Greenbelt
to Residential High and Greenbelt and the Preliminary PIat to allow subdivision of 10 acres into
37 single family residential lots not in harmony with the general purposes of the Zoning
Ordinance and Comprehensive Plan.
BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby
respectfully requests the City Council to deny a Reclassification and Preliminary Plat for the
above described property.
PASSED this 15th day of January, 1996.
CITY OF PORT ORCHARD
PLANNING COMMISSION
0.
' vie k 'L-'j
0. John Hokanson, Chairman
ATTEST:
Julie rown
Code Enforcement/Associate Planner