1431 - Ordinance - Amending Comp PlanORDINANCE NO. 1431 V
AN ORDINANCE OF THE CITY OF PORT
ORCHARD, WASHINGTON AMENDING CITY OF
PORT ORCHARD COMPREHENSIVE PLAN
ORDINANCE NO. 895; BY AMENDING THE
COMPREHENSIVE PLAN MAP CERTAIN
PROPERTIES THEREIN
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
WHEREAS, Brian Horch and David Herbold Co. Inc.,
owners of record, have initiated a comprehensive plan
ordinance amendment requesting redesignation of property
described in said petition, and all legal requirements have
been performed; and
WHEREAS, the City of Port Orchard Planning
Commission has transmitted to the Council of the City of Port
Orchard their findings and recommendations (ATTACHMENT "A")
NOW, THEREFORE, BE IT ORDAINED, that the City
Council of the City of Port Orchard does hereby adopt the
findings and recommendations of the Port Orchard Planning
Commission as it's own and does hereby redesignate certain
property on the Comprehensive Plan Map from Kitsap County
designation of Residential -Low to City of Port Orchard
Commercial General.
LEGAL DESCRIPTION - ATTACHMENT "B"
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 26th day of September,
1988.
i
L SLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Hower, City Clerk
APPROVED AS TO FORM:
City Attorney
Sponsored By:
Councilman Clauson
Ordinance No. 1431
HORCH/HERBOLD CO., INC.
ATTACHMENT "A"
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 102-88
A RESOLUTION BY THE PORT ORCHARD PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
AMEND THE COMPREHENSIVE PLAN TO INCLUDE THE BELOW
DESCRIBED PROPERTY AND APPROVE A DESIGNATION OF
COMMERCIAL GENERAL ON THE COMPREHENSIVE PLAN MAP,
AS REQUESTED BY BRIAN HORCH/DAVID HERBOLD, CO. INC.
LEGAL DESCRIPTION: SW 1/4, Section 36, Township 24 North, Range 1 East; The
Westerly 173 feet of the Plat of East Port Orchard, Tract 11 described as
follows: Beginning at the Southwest corner of Tract 11, thence N 8*50'06" E
along the East margin of Mitchell Road a distance of 60.24 feet; thence N
17*31'17" E 155 feet to the True Point of Beginning; thence S 72*28,43" E
493.26 feet to a point on a curve whose radius point bears N 86*311561, E 210
feet; thence turning through an angle of 21*22110" run Northeasterly along the
arc of said curve 78.32 feet thence N 17*54106" E 105.30 feet to the beginning
of a curve to the right having a radius of 305.00 feet and turning through an
angle of 34*59136"; thence Northeasterly along the arc of said curve 186.29
feet; thence North 72*28'43" W 564.85 feet to the East margin of Mitchell Road;
thence -along said East margin S 9*14108" W 197.80 feet; thence S 17*31117" W
160.74 feet to the True Point of Beginning, and that portion of Mitchell Road
lying between the the West margin of Mitchell Road and the above describer
tract.
WHEREAS, On June 10, 1988 the City Council received a Notice of Intent to Petition
for Annexation into the City of Port Orchard from Brian Horch/David Herbold Co
Inc., and
WHEREAS, Washington State Annexation Law provides that cities may prepare
comprehensive land use plans to become effective upon annexation for areas
adjacent to the corporate limits, and
WHEREAS, as a condition of acceptance of this annexation petition, the City
Council requires the simultaneous adoption of a Comprehensive Plan Designation for
the subject property, and
WHEREAS, the applicants have requested the City designate their property Commercial
General on Comprehensive Plan in conjunction with the annexation of their property
into the City of Port Orchard, and
WHEREAS, a public hearing was held on 18 July 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 received a determination of
nonsignificance on 6 July 1988, and
WHEREAS, the property is located in the area of the Bethel Road Corridor which is
rapidly changing from residential neighborhood into a Simi -commercial corridor, and
WHEREAS, the present Comprehensive Plan Designation of the adjacent properties within
the City limits is Commercial General.
WE THEREFORE FIND: that a Comprehensive Plan designation of Commercial General
is consistent with the development trends in the neighborhood, and will not be
detrimental to existing use.
CONCLUSION: Based on the findings of facts, the testimony and materials presented
at the public hearing, we therefore conclude that a Comprehesive Plan designation
of 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 requests that the City Council approve a designation of Commercial
General on the City's Comprehensive Plan Map for the above described property,
upon annexation.
PASSED this 18th day of July 1988
CITY OF PORT ORCHARD
PLANNING COMMISSION
0.-Vylin Ho anson, C airman
ATTEST:
�tz
rue, Secretary
ORDINANCE NO. 1431
HORCH/HERBOLD CO., INC.
ATTACHMENT "B"
LEGAL DESCRIPTION
SW 1/4, SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST; The
Westerly 173 feet of the Plat of East Port Orchard, Tract 11
described as follows: Beginning at the Southwest corner of
Tract 11, thence North-8*50'06" E along the East margin of
Mitchell Road a distance of 60.24 feet; thence North
17*31'17" E 155 feet to the True Point of Beginning; thence
South 72*28'43" E 493.26 feet to a point on a curve whose
radius point bears North 86*31'56" E 210 feet; thence turning
through an angle of 21*22'10" run northeasterly along the arc
of said curve 78.32 feet; thence North 17*54'06" E 105.30
feet to the beginning of a curve to the right having a radius
of 305.00 feet and turning through an angle of 34*59'36";
thence Northeasterly along the arc of said curve 186.29 feet;
thence North 72*28'43" W 564.85 feet to the east margin of
Mitchell Road; thence along said east margin S 9*14'08" W
197.80 feet; thence S 17*31'17" W 160.74 feet to the true
point of beginning and that portion of Mitchell Road lying
between the West margin of Mitchell Road and the above
described Tract.