1417 - Ordinance - Amending ZoningORDINANCE NO. 1417vl
AN ORDINANCE OF THE CITY OF PORT
ORCHARD, WASHINGTON AMENDING PORT
ORCHARD ZONING ORDINANCE NO. 1163; BY
AMENDING THE AREA AND USE MAPS
THEREOF, RECLASSIFYING CERTAIN
PROPERTY (W.E. Lumsden, owner of
record) LOCATED AT 1/8 MILE WEST OF
SR16 OFF OF OLD CLIFTON ROAD
WHEREAS, W.E Lumsden, owner of record, has
petitioned a zoning ordinance amendment, requesting
reclassification of property located 1/8 mile west of SR16
off Old Clifton Road, 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. 91-88
recommending approval of said petition, and
WHEREAS, The Council of the City of Port Orchard
did hold a Public Hearing on February 22, 1988 to hear
testimony of fact and conclusion as follows:
NOW, THEREFORE, be it ordained that the Council
of the City of Port Orchard, Washington does hereby adopt
Planning Commission Resolution No. 91-88 with Findings of
Facts and recommended conditions (Attachment "A") as their
own and does hereby reclassify certain property
LEGAL DESCRIPTION: SECTION 34, TOWNSHIP 24
NORTH, RANGE 01 EAST; THE NW 114 OF THE SW 114
SECTION 34, EXCEPT THE WEST 225 FEET THEREOF AND
EXCEPT THE NORTH 30 FEET OF SAID NW 114, SW 114;
TOGETHER WITH THE SOUTH 112 OF THE PIE 114 OF THE
SW 114 SECTION 34, TOWNSHIP 24 NORTH RANGE 1
EAST, W.M., KITSAP COUNTY, WASHINGTON
from Residential Low to Industrial subject to the
following conditions:
1. The owners of the property sign an agreement
concomitant with the rezone stating that the
property owners, their heirs, or assigns will
hook-up to Port Orchard water if they
extensively expand their operation to include
other uses permitted within the Industrial
Zoning District or at such time as adequate fire
flow and domestic water is accessible to their
property. The City Engineer shall determine how
much and/or what constitutes extensive
expansion. The owners must also agree to pay
all applicable fees at time of hooking up to
City of Port Orchard water.
2. The owners of the property sign an agreement
concomitant with the rezone stating that the
property owners, their heirs, or assigns will
hook-up to Port Orchard sewer. The owners must
also agree to pay all applicable fees at time of
hooking up to City of Port Orchard sewer.
Ordinance No. 1417
Page Two
3. When or if the owners of the property
extensively expand their operation to include
other uses permitted within the Industrial
Zoning District they shall provide for the
construction of any traffic improvements that
may be required by the City to provide safe
and adequate ingress and egress for the site
and mitigate any anticipated adverse impact
on the existing system. The City Engineer
shall determine how much and/or what
constitutes extensive expansion.
4. Ingress and egress to Cook Road shall be
prohibited by all vehicles which weighs in
excess of 4,000 pounds.
5. That industrial operation between the hours
of 8:00 PM and 6:00 AM to be determined by
Council action on a case by case basis.
PASSED by the City Council of the City of Port
Orchard, signed by the Mayor and attested by the Clerk in
authentication of such passage
ATTEST:
�..ct ' rCcC
Patricia Hower, City Clerk
APPROVED AS TO FORM:
City Attorney
Sponsored by:
Councilman Clauson
this 1 th day of March, 1988.
LESLI J. 4JEATHERILL, MAYOR
ORDINANCE NO. 1417
ATTACHMENT "A"
Crf'Y OI' PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO_ 91-88
A RESOLUTION 13Y "I'tlli PORI' ORCHARD PLANNING
CONINIISSION RFCONIMENDING THAT T1fE CfrY COUNCIL
APPROVE A ZONE RECLASSIFICATION FRONT RESIDI:N1'lAl.-
LOW "1,0 INDUSTRIAL, AS SUBNLfTTED IlY W.F. LUMSDFN &
VIVIAN LUMSDEN ON THE 13LLOW DLSCRIBED PROPLRTY.
LEGAL DESCRIPTION: LEGAL DESCRIPTION: SECTION 34, '1'OWNSI TIP 24
NORTH, RANGE 01 EASI'; THE NW 1/4 OF TIIF SW 1/4 SECTION 34, EXC.FI'I'
THE WEST' 225 FEET 'I'IIF,REOF AND EXCLPI' 'I'lll NORTH 30 FEI?I' OF SAID NW
1/4, SW 1/4; TOGETHER Wrrii'TIIE SOUTAI 1/2 OF THE NF 1/4 OF THL SW
1/4SECI'ION 34, 'TOWNSHIP 24 NORTH RANGE 1 EAST, W.M., Kfl'SAP
COUNTY, WASHINGTON.
WHEREAS, The applicant has requested a rezone from Residential -LOW to Industrial
for their property located 1/8 mile west of SR416, off of Old Clifton (toad and
WHEREAS, a public hearing was held on 18 January 1988 and that the Planning
Commission considered the findings of facts, the testimony and material presented
at the hearing, and
WHEREAS, a SEPA checklist has been submitted and has received a declaration of
non -significance, and
WHEREAS, the gravel pit operation has been in existence for many years and under
the present City zoning designation is a legal non -conforming use, and
WHEREAS, the City has discussed the possibility of this area being industrialized
for quite some time, and
WHEREAS, the City designated the property Industrial on the Comprehensive Plan
Map, simultaneously with the acceptance of its annexation 28 December 1987.
WF, THEREFORE FIND: that because of rile existing land use, the nutst compatible and
suitable zoning designation for the above described property to be Industrial.
CONCLUSION: Based on the findings of facts, the testimony and materials presented
at the public hearing, we therefore conclude that a zone reclassification from
Residential to Industrial, would be. in harmony with the general purposes and
intent of the zoning ordinance and comprehensive plan.
BE IT RESOLVED, that the Plannina Commission of the City of Port hereby respect-
fully recommends that the City Council approve the zone reclassification to
Industrial, as requested, subjected to tine following conditions of approval:
(1) 'The owners of the property sign an agreement concomitant with the rezone
stating tint the property owners, their heirs, or assigns will hook-up to
Port Orchard water if they extensively expand their operation to include
other uses permitted within the Industrial Zoning District or at such time as
adequate fire flow and domestic water is accessible to their property. The
City Engineer shall determine how much and/or what constitutes extensive
expansion. The owners must also agree to pay all applicable fees at time of
hooking up to City of Port Orchard water.
(2) The owners of the proprrty sign an ahrcernent concomitant with thr• rezone
stating that the property owners, their heirs, or assigns will hook-up to
Port Orchard sewer The owners must also agree to pay all applicable fees at
time of hooking up to City of Port Orchard sewer.
(3) When or if the owners of the property extensively expand their oper-.ttion to
include other uses permitted within the Industrial Zoning District they shall
provide for the construction of any traffic improvements that may be required
by the City to provide safe and adequate ingress and egress for the site and
mitagate any anticipated adverse impact on the existing system. 'Ile City Engineer shall determine how much and/or what constitutes extensive expansion.
(4) Ingress and egress to Cook Road shall be prohibited by all vehicles which
weight in excess of 4,000 pounds.
(5) That industrial operation be limited between the hours of 6:00 AM and 8:00 Pm.
PASSED this 18 day of January 1988.
Cfl'1' OP PORF ORCHARD
PLANNING COh1iMISSION
nJo t�f n IIo anson, C tarrrnan
ATT ESC:
Rut Stru e, Secretary