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1685 - Ordinance - Amending Ordinance No. 1469 Amending Area and Use MapsCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 l,�II��IIU�IINNIYIIIWInRn !N� ;itsip °:„. ORDINANCE NO. 1685 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1469; BY AMENDING THE AREA AND USE MAPS THEREOF, RECLASSIFYING 1.13 ACRES TO ALLOW A DEVELOPMENT OF FOUR (4) DUPLEX LOTS AND ONE (1) LOT LINE ADJUSTMENT TO ENLARGE A POTENTIAL DUPLEX LOT TO 9,000 SQUARE FEET ON THE SOUTH SIDE OF POPLAR STREET NEAR THE 300 BLOCK (James D. Formiller, applicant). Tax Account Nos. 352401-3-021-2005 & 352401-3-0222-2004 Legal Description: Section 35, Township 24, Range 1 East. SEE EXHIBIT A WHEREAS, the applicant, James D. Formiller of Timberline Development and their representative, Map Limited, have petitioned a zoning ordinance amendment, requesting reclassification of 2.38 acres of property located on the north and south side of Poplar Street near the 300 block, and WHEREAS, affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation, and WHEREAS, the City of Port Orchard Planning Commission has transmitted to the Council of the City of Port Orchard, Washington Resolution No. 277-97 recommending denial of the orginal petition, and WHEREAS, the Council of the City of Port Orchard did hold a Public Hearing on June 23, 1997 and did table the project to allow the applicant to modify the petition considered by the Planning Commission in the form of a reduction of proposed reclassification area (to 1.13 acres), and WHEREAS, the Council of the City of Port Orchard did remove the project from the table during a Public Hearing on July 14, 1997 to hear testimony of fact and conclusion on the amended petition as follows: FINDINGS OF FACT: The proposed use, as conditioned, complies with existing development standards. '02 ,,jig IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII K god q of 0WS 0 5 A Ordinance No. 1685 CITY OF PORT ORCHARD ORD Page 2 of 3 The use requested is compatible with other uses in area. The proposed use is a permitted use within the Residential High zone. CONCLUSION: Based on testimony, materials presented and findings of fact, the Port Orchard City Council does hereby conclude that granting this zone reclassification would not be detrimental to the health, safety, morals and general welfare of the community, now, therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DO ORDAIN AS FOLLOWS: the Council of the City of Port Orchard does hereby reclassify 1.13 acres on two parcels from Residential Low to Residential High, to allow four (4) duplex lots and one (1) lot line adjustment to enlarge a potential duplex lot to 9,000 square feet on the south side of Poplar Street near the 300 block, with the following 15 conditions: 1. One (1) street tree with a minimum height of 6 feet and 1Y2 inches in diameter shall be installed within the front yard of each dwelling unit (i.e., two (2) street trees per duplex) prior to Certificate of Occupancy. 2. Buildings, including accessory uses, shall cover not more than 40% of the total lot area. 3. The required off-street parking spaces shall not occupy more than 50% of the required front yard setback. 4. A revised site plan shall be submitted showing all setbacks being met for the structures and the second required parking space on all sites. 5. The reclassification shall be valid for a period of 18 months. If substantial progress toward construction has not occurred at the expiration of this time period, the City Council may revoke the new land use reclassification or approve an 18 month time extension with conditions. 6. All water system improvements will be complete and the asbuilt drawings will be accepted by the City prior to any building permit Certificate of Occupancy being issued. 7. All sewer system improvements will be complete and the asbuilt drawings accepted by the City prior to any building permit Certificate of Occupancy being issued. 8. The roads and cul de sacs will be private and not be maintained by the City. 9. The Developer shall pay $100 for two (2) stop signs to be installed by the City. 1111111111111111111111111llll 1111 Page: 3K /28 97° 0° 52R Ordinance 3 of 3 o. 1685 CITY OF PORT ORCHARD ORD g 10. The stormwater system shall be designed in accordance with the Department of Ecology standards. (The preliminary design for the parcels appears to be consistent with this requirement.) 11. All stormwater system improvements including installation of a six (6) foot tall fence around the detention pond as per plan must be complete prior to issuance of any Certificate of Occupancy. 12. Prior to final plat approval, the developer shall pay $1,500 for City playground equipment. 13. The Fire Chief will determine if a hydrant is required at the Poplar Street/Sidney Avenue intersection. 14. To reduce the impact to the school system, mitigation fees will be paid at the time of building permit issuance, if the City adopts a general implementing ordinance of the school impact fees prior to the date that a complete building permit application is accepted. The proponent can also mitigate the impact to the school system by negotiating a settlement with the South Kitsap School District. 15. The Developer shall apply for and be issued addresses for all the units prior to building permit issuance. 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 July, 1997. ATTEST: Patricia Parks, City Clerk APPROVED AS TO FORM: City Attorney LESLIE J. WEATHERILL, MAYOR SPONSORED BY: Councilwom Powers ordinance No. 1685 "EXHIBIT All Timberline Development's Poplar Street Properties LEGAL DESCRIPTIONS 352401-3-022-2004 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY MARGIN OF POPLAR ROAD FORMERLY CHOUINARD ROAD AND THE WESTERLY MARGIN OF SIDNEY ROAD; THENCE NORTH 89' 32' WEST ALONG SAID SOUTHERLY MARGIN 250 'FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING NORTH 89' 32' WEST, ALONG SAID SOUTHERLY MARGIN TO A POINT WHICH IS 219.65 FEET EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 224.22 FEET; THENCE EAST TO A POINT WHICH IS SOUTH 0' 28' WEST OF THE TRUE POINT OF BEGINNING; THENCE NORTH 0' 28' EAST TO THE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON; 352401-3-021-2005' THE WEST 50 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND, TO -WIT; THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY MARGIN OF POPLAR ROAD, FORMERLY CHOUINARD ROAD AND THE WESTERLY MARGIN OF SIDNEY ROAD; THENCE NORTH 89' 32' WEST ALONG THE SOUTHERLY MARGIN OF SAID POPLAR ROAD 250 FEET; THENCE SOUTH 00' 28' WEST 100 FEET; THENCE SOUTH 89' 32' EAST TO THE WESTERLY MARGIN OF SIDNEY ROAD; THENCE NORTH 18' 41' EAST ALONG SAID WESTERLY MARGIN TO THE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON. 352401-3-024-2002 "TOTAL PARCEL" THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; RUNNING THENCE ALONG THE NORTH LINE OF SAID SUBDIVISION N 89' 14' 20" E - 439.30 FEET; THENCE S 02' 07' E - 227.11 FEET TO THE NORTH MARGIN OF RIGHT-OF-WAY OF POPLAR STREET AS PER DEED IN VOLUME 311, PAGE 105 OF KITSAP COUNTY RECORDS; THENCE ALONG SAID MARGIN OF ROAD S 89' 23' 40" W - 439.30 FEET; THENCE N 02' 09' W - 225.81 FEET TO THE POINT OF BEGINNING; EXCEPT THE WEST 200 FEET OF THE SAID TRACT; SITUATE IN KITSAP COUNTY, WASHINGTON. #4997. 00 IIIII IIPORT I I !III III III IIII II I I I II 08 0394 of70 08 52A 11.00 ap Co, WR 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 July 28, 1997. ORDINANCE NO. 1685 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON AMENDING PORT ORCHARD ZONING ORDINANCE NO.1469; BY AMENDING THE AREA AND USE MAPS THEREOF, RECLASSIFYING 1.13 ACRES TO ALLOW A DEVELOPMENT OF FOUR (4) DUPLEX LOTS AND ONE (1) LOT LINE ADJUSTMENT TO ENLARGE A POTENTIAL DUPLEX LOT TO 9,000 SQUARE FEET ON THE SOUTH SIDE OF POPLAR STREET NEAR THE 300 BLOCK (James D. Formiller, applicant). Copies of Ordinance No. 1685 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. 1685 will be provided at a nominal charge. City of Port Orchard Michelle Merlino Deputy City Clerk Publish: Port Orchard Independent August 6, 1997