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1611 - Ordinance - Amending Zoning$11.00K1 1P COUNTY CASH FILED —BY: CITY OF PORT ORCHARD AU6 301 19941 8:24 AN KAREN FLYNN, AUDITOR CLERK: BEVANS A. F. #m 9408300005 ORDINANCE NO. 161TEL 6823 FR 0743 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 .88 ACRES OF AN APPROXIMATE 3 ACRE PARCEL OF PROPERTY LOCATED AT 1140 BETHEL ROAD (Sandy O'Donnell, contract owner) WHEREAS, Sandy O'Donnell, contract owner, has petitioned a zoning ordinance amendment, requesting reclassification of .88 acres of an approximate 3 acre parcel of property located 1140 Bethel Road, 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. 212-94- ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on July 25, 1994 to hear testimony of fact and conclusion as follows: FINDINGS OF FACT: The use requested is compatible with other uses in area. The proposed use is a permitted use within Commercial General. 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, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON THAT: The Council of the City of Port Orchard does hereby adopt Planning Commission Resolution No. 212-94 with Findings of Facts, as their own and does hereby reclassify certain property from Residential Low to Commercial General to allow a parking area and the conversion of a residence into retail space, with the following 11 conditions: 1. A minimum of 30 parking spaces will be provided on site as required in the Off Street Parking section of the Zoning Ordinance. 2. A lighting plan shall be submitted and approved prior to placement of outdoor illumination and shall be oriented away from neighboring residences. 3. Signage shall be in compliance with the adopted Uniform Sign Code and must be approved by the City prior to implementation. 4. A building permit shall be obtained prior to the beginning of any construction or demolition work on site. A. E:U_#C`p8.230 i7 Ordinance No. 1611 Page 2 of 2 5. All parking stalls shall be striped and marked including handicap parking. Concrete wheel stops, at a minimum, may be used to define parking stalls. 6. All new landscaping shall be maintained and any dead or diseased landscaping within one year of occupancy shall be replaced. 7. A grading plan will be submitted for approval by the City Engineer. 8. A stormwater management plan will be submitted for approval by the City Engineer. 9. Non -living groundcover (bark, chips, etc.) shall not exceed fifty percent of all landscaped area. All planting shall incorporate berming or earth mounding. All required trees shall be a minimum of six feet and no smaller than 1� inch caliper. 10. One street tree will be placed per 25 lineal feet of street frontage. 11. One tree shall be placed per 100 square feet of required internal landscape area. Legal Description: ATTACHMENT "B" PASSED by the City Council of the Cit of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentic ion of such passage this 22nd day of August, 1994. / // ATTEST: l itC7! fL 'Patricia Parks, City Clerk APPROVED AS TO FORM: WLAIHLKILL, MAYOR SPONSORED BY: ty Attorney Councilwoman Powers Ordinance No. 1611 Attachment "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 212-94 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A RECLASSIFICATION FROM RESIDENTIAL LOW TO COMMERCIAL GENERAL FOR THE PROPERTY LOCATED AT 1140 BETHEL AVENUE, AS REQUESTED BY SANDRA O'DONNELL. LEGAL DESCRIPTION: SEE EXHIBIT A. Aa F.. *: 9408300005 FEEL 0823 FR 0745 WHEREAS, a Public Hearing was held on Monday, 20 June 1994, and the Planning Commission considered the findings and facts of the proposal, testimony, and materials presented at the Hearing; and WHEREAS, the applicants requested a Reclassification from Residential Low to Commercial General to allow the creation of additional parking and ultimately new retail space; and WHEREAS, the Planning Commission considered the specific use proposed to be appropriate as conditioned; and WHEREAS, the proposed use, as demonstrated in supporting documentation provided by the applicant and as conditioned, will not be detrimental to the public health safety, welfare or injurious to property and improvements in the vicinity and therefore will be in conformance with the objectives of the Comprehensive Plan. WE THEREFORE FIND: that the proposed reclassification from Residential Low to Commercial General is compatible with the surrounding land uses and will not have a detrimental effect on the surrounding community. CONCLUSION, based on the facts, testimony, and materials presented at the Hearing, we therefore conclude that the Reclassification from Residential Low to Commercial General to allow the creation of additional parking and retail space is in harmony with the general purposes of the Zoning Ordinance and the Comprehensive Plan. BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests the City Council approve a Reclassification for the above described property with the following conditions: 1• A minimum of 30 parking spaces will be provided on site as required in th- Off Street Parking sect'�n of the Zoning ordinance. 2. A lighting plan shall be submitted and approved prior to placement of outdoor illumination and shall be oriented away from neighboring residences. 3. Signage shall be in compliance with the adopted Uniform Sign Code and must be approved by the City prior to implementation. 4. A building permit shall be obtained prior to the beginning of any construction or demolition work on site. 5. All parking stalls shall be striped and marked including handicap parking. Concrete wheel stops, at a minimum, may be used to define parking stalls. 6. All new landscaping shall be maintained and any dead or diseased landscaping within one year of occupancy shall be replaced. 7. A grading plan will be submitted for approval by the City Engineer. 8. A stormwater management plan will be submitted for approval by the City Engineer. 9. Non -living groundcover (bark, chips, etc.) shall not exceed fifty percent of all landscaped area. All planting shall incorporate berming or earth mounding. All required trees shall be a minimum of six feet and no smaller than 1 1/2 inch caliper. 10. One street tree will be placed per 25 lineal feet of street frontage. 11. One tree shall be placed per 100 square feet of required internal landscape area. PASSED this 20th day of June 1994. REEL 0823 FR 0746 ATTEST: l L Ma garet Kavanaugh Associate City lanner CITY OF PORT ORCHARD PLANNING COMMISSION 4L'_" 0. John Hokanson, Chairman Ordinance No. 1611 Attachment "A" Ward C. Muller and Associates, licensed Land Surveyors 217 Sidney Avenue Port Orchard, WA 9W66 Telephone (206)876-3443 Fac=)377-5951 A. F. *-- 940+8300005 REEL 0823 FR 0747• August29,1994 Additional R/ W for City of Port Orchard The Easterly 20.00 feet as measured at right angle to the Westerly right-of-way Ene of Bethel Avenue (Formerly State Road Number 14) of the following described tract That portion of the Northeast quarter of the Northeast quarter and the Southeast quarter of the Northeast quarter of Section 35, Township 24 North, Range 1 East W.M. and a portion of the Northwest quarter of the Northwest quarter and the Southwest quarter of the Northwest quarter of Section 36, Township 24 North, Range 1 East W.M., situate in Kitsap County, Washington more particularly described as follows: Commencing at the Southeast corner of the Northeast quarter of the Northeast quarter of Section 35, Township 24 North, Range I East W.M. from which the Northeast corner of said Section 35 bears N 1009'33" E 1331.27 feet; thence N 1°09'33" E along the line common to Section 35 and 36, Township 24 North, Range 1 East W.M. 7 rods (115.50 feet) to the TRUE POINT OF BEGINNING of the following described tract; thence S 1009'33" W 16.50 feet; thence N 87°12'26" W, parallel with the South line of the Northeast quarter of the Northeast quarter of said Section 35, a distance of 242.29 feet, thence S 1009'33" W, parallel with the East line of the Northeast quarter of the Northeast quarter of Section 35, Township 24 North, Range 1 East W.M., 99.00 feet, to a point on the South line of said Northeast quarter of the Northeast quarter which bears N 87012'26" W 242.29 feet from the Southeast corner of said Northeast quarter of the Northeast quarter; thence S 87°12'26" E, along the South line of said Northeast quarter of the Northeast quarter 100.46 feet; thence leaving said South line run S 1009'33" W, parallel with the East line of the Northeast quarter of the Northeast quarter of Section 35, Township 24 North, Range 1 East W.M., 41.00 feet; thence S 87°12'26" E, parallel with the South line of the said Northeast quarter of the Northeast quarter, 196.58 feet more or less to the Westerly right-of-way line of Bethel Avenue (Formerly State Road Number 14); thence N 4008'59" E, along the Westerly right-of-way of Bethel Avenue, 22-84 feet to the beginning of a curve to the right whose radius point bears S 85051'01" E 1462.50 feet; thence Northeasterly along the arc of,said curve 134.98 feet more or less to a point which bears S 88°02'09" E from the True Point of Beginning; thence N 88002'09" W 69.17 feet more or less to the TRUE POINT OF BEGINNING. FAD 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 August 22, 1994. 4 ORDINANCE NO. 1611 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 .88 ACRES OF AN APPROXIMATE 3 ACRE PARCEL FROM RESIDENTIAL LOW TO COMMERCIAL GENERAL FOR PROPERTY LOCATED AT 1140 BETHEL ROAD (Sandy O'Donnell, contract owner) TO ALLOW FOR A PARKING AREA AND THE CONVERSION OF A RESIDENCE INTO RETAIL SPACE. LEGAL DESCRIPTION AVAILABLE UPON REQUEST. Copies of Ordinance No. 1611 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. 1611 will be provided at a nominal charge. City of Port Orchard Michelle Hager 0 Deputy Clerk Publish: Port Orchard Independent August 31, 1994