1418 - Ordinance - Amending ZoningORDINANCE NO. 1418'J
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 (George Buckley, AMB Joint
Ventures, owner of record) LOCATED AT
1800 - SR160.
WHEREAS, George Buckley, AMB Joint Ventures,
owner of record, has petitioned a zoning ordinance amendment,
requesting reclassification of property located at 1800 -
SR160, 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. 90-87
recommending approval of said petition, and
WHEREAS, The Council of the City of Port Orchard
did hold a Public Hearing on March 14, 1988, to hear
testimony of fact and conclusion as follows:
FINDINGS OF FACT: The use requested is not
incompatible with other uses in area.
Conditions in the area of subject property have
substantially changed since original zoning.
The proposed use is a permitted use within
Commercial General Zoning.
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 that the Council
of the City of Port Orchard, Washington does adopt Planning
Commission Resolution No. 90-87 with Facts of Findings and
conditions as their own and does hereby reclassify certain
property (Legal Description - Attachment "A") from
Residential Low to Commercial General subject to the
following additional conditions:
1. Applicant, owner, heir, and/or assigns
provide for the construction of any traffic
improvements that may be required by the
State and City to provide safe ingress/
egress to the site.
The drainage system be approved by the City
Engineer.
That a time limit of eighteen months (from
the effective date of this Ordinance) be
placed on the rezone. Upon expiration of
that time (September 28, 1989), if a project
that is a permitted use within the new zoning
classification has not commenced or
construction is not substantially underway,
the property shall revert to its prior
classification. An extension of said time
limit may be granted by the Council upon
demonstration of cause by the applicant.
Ordinance No. 1418
Page Two
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 this 28th day of March, 1988.
LESLIE aOWEAT-HERILL, MAYOR
ATTEST:
'atricia Hower, City Cler
APPROVED AS TO FORM:
City Attorney
Sponsored by:
ouncilman Clauson
Ordinance No. 1418
ATTACHMENT "A"
GEORGE G. BUCKELY, AMB JOINT VENTURE
ZONE RECLASSIFICATION
LEGAL DESCRIPTION: PARCEL I THAT PORTION OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36,
WITH THE SOUTH MARGIN OF STATE ROAD NO. 14; THENCE SOUTH ALONG
THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST
QUARTER 660 FEET; THENCE WEST 132 FEET; THENCE NORTH 660 FEET
TO THE SOUTH LINE OF SAID STATE ROAD NO. 14; THENCE EAST ALONG
SAID SOUTH LINE 132 FEET TO THE POINT OF BEGINNING.
PARCEL II THAT PORTION OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID
SUBDIVISION WITH THE SOUTH LINE OF STATE ROAD NO. 14; THENCE
WEST ALONG SAID SOUTH LINE 132 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 320 FEET; THENCE WEST 132 FEET; THENCE
NORTH 320 FEET TO SAID SOUTH LINE; THENCE EAST ALONG SAID SOUTH
LINE 132 FEET TO THE TRUE POINT OF BEGINNING.
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 90-87
A RESOLUTION BY THE PORT ORCHARD PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE A ZONE RECLASSIFICATION TO COMMERCIAL
GENERAL, AS SUBMITTED BY GEORGE BUCKLEY, A.M.B.
JOINT VENTURES FOR THEIR PROPERTY LOCATED AT
1800 SR#160.
LEGAL DESCRIPTION: PARCEL I THAT PORTION OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36,
WITH THE SOUTH MARGIN OF STATE ROAD NO.14; THENCE SOUTH ALONG THE
EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER 660
FEET; THENCE WEST 132 FEET; THENCE NORTH 660 FEET TO THE SOUTH
LINE OF SAID STATE ROAD NO.14; THENCE EAST ALONG SAID SOUTH LINE
132 FEET TO THE POINT OF BEGINNING.
PARCEL II THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID SUB-
DIVISION WITH THE SOUTH LINE OF STATE ROAD NO.14; THENCE WEST
ALONG SAID SOUTH LINE 132 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 320 FEET; THENCE WEST 132 FEET; THENCE NORTH 320
FEET TO SAID SOUTH LINE; THENCE EAST ALONG SAID SOUTH LINE 132
FEET TO THE TRUE POINT OF BEGINNING.
WHEREAS, The applicant has requested a zone reclassification from
residential -low to commercial general in order to construct
retail shops, a tire store and a drive through restaurant, and
WHEREAS, A SEPA checklist has been submitted and has received a
declaration of non -significance, and
WHEREAS, public hearings were held on 16 November 1987 and on
21 December 1987 and that the Planning Commission considered the
findings of facts, the testimony and material presented at the
hearing, and
WHEREAS, On 11 May 1981 the City Council passed Ordinance #1162,
which reclassified the property from residential -low to
commercial -general. A time limit for construction under this
rezone was 18 months. On 24 May 1982 the City Council granted an
extension of the time limit. The time limit expired 11 May 1984
and the property reverted to its prior classification, and
WHEREAS, the applicant will be required meet the requirements of
the City's Storm Water Retention Ordinance prior to construction,
and
WHEREAS, the applicant has received permission from the City
Council to obtain water from Annapolis Water District and sewer
from Sewer District #5 until such time as City sewer and water
become available to the site, on the condition that they sign an
agreement stating they will hook-up to Port Orchard water and
sewer when it becomes accessible to their property and shall
agree to pay all applicable fees at the time of hooking up, and
WHEREAS, no significant changes, I.e., traffic, site conditions,
neighborhood uses and comprehensive plan designation, have
occurred since the City Council passed Ordinance 1162.
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WE THEREFORE FIND: that this property is no longer conducive to
residential use, that commercial -general zoning would be in
harmony with existing uses in the neighborhood, and that the
conditions that were present when Ordinance 1162 was past still
exist.
CONCLUSION: Based on the findings of facts, the testimony and
materials presented at the public hearing, we therefore conclude
that zone reclassification to commercial -general, would be in
harmony with the general purposes and intent of the zoning
ordinance and comprehensive plan.
BE IT RESOLVED, that the Planning Commission of the City of Port
Orchard hereby respectfully recommends that the City Council
approve the zone reclassification as requested with the condition
of approval that;
the applicant provide for the construction of any traffic
improvements that may be required by the City or State to
provide safe and adequate ingress and egress for the site
and mitagate any anticipated adverse impact on the existing
system.
PASSED this 21 day of December 1987.
ATTEST:
Ruth Strube, Secretary
CITY OF PORT ORCHARD
PLANNING COMMISSION
0. John Hokanson, Chairman
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