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1437 - Ordinance - Amending ZoningORDINANCE NO. 1437 / 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 (Gary P. Wasilchen, owner of record) LOCATED AT NORTHEAST CORNER OF PORT ORCHARD BOULEVARD AND TREMONT STREET WHEREAS, Gary P. Wasilchen, owner of record, has petitioned a zoning ordinance amendment, requesting reclassification of property located at the northeast corner of Port Orchard Boulevard and Tremont, 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. 106-88 (ATTACHMENT "A") recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on November 14, 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. 106-88 with Findings of Facts and recommended conditions as their own and does hereby reclassify certain property located at the northeast corner of Port Orchard Boulevard and Tremont, from Green -Belt to Commercial General. LEGAL DESCRIPTION: Lot 6 through 25, Block 2 and Lots 10 through 25, Block 1 of the Plat of Harrison Park Addition to Sidney, EXCEPT ROADS, Port Orchard, Washington. 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 November, 1988. LESLI J. WEATHERILL, MAYOR ATTEST Patricia Hower, City Clerk 1!1»:Zi]�1��7e�1i��TduF City Attorney Sponsored by: Councilman Wilson ORDINANCE NO. 1437 ATTACHMENT "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 106-88 A RESOLUTION BY THE PORT ORCHARD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE RECLASSIFICATION FROM GREEN -BELT TO COMMERCIAL GENERAL, AS REQUESTED BY GARY P. WASILCHEN FOR THE NORTHEAST CORNER OF TREMONT STREET & PORT ORCHARD BOULEVARD. LEGAL DESCRIPTION: Lot 6 through 25, Block 2 and Lots 10 through 25, Block 1 of the Plat of Harrison Park Addition to Sidney, EXCEPT ROADS, Port Orchard, Washington. WHEREAS, Gary P. Wasilchen has requested a zone reclassification from Green -Belt to Commercial General, in order to be allowed to construct a mini -warehouse complex including a managers residence and a small pipe repair shop at 195 Tremont Street, and WHEREAS, a public hearing was held on 19 September 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 proposed use is compatible with existing uses within the neighborhood, and WHEREAS, the project will have a minimal impact on existing infrastructure, and WHEREAS, the intent of the Green Belt District has been met by the developer, as an adequate buffer will be provided between Port Orchard Boulevard and the proposed project, and WHEREAS, the zone reclassification is in conformance with the Commission's recom- mended approval of a revision of the Comprehensive Plan, and WE THEREFORE FIND: that due to the the increase in traffic, the areas along Port Orchard Bypass route are no longer conducive to residential development, and that the proposed zone reclassification to Commercial General is is in the public interest. CONCLUSION: Based on the findings of facts, the testimony and materials presented at the public hearing, we therefore conclude that the zone reclassification, as requested, 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 change in the zone reclassication from Green Belt to Commercial General, as requested, for the northeast corner of Port Orchard Boulevard & Tremont Street. This rezone to Commercial General has been based on a specific low impact project and to neutralize any expected negative impact of the commercial general zoning, approval shall be subject to the following conditions: In order to control the impacts, that a Commercial General rezone could have on the surrounding properties, any commercial development, that would create negative impacts greater than the specific uses upon which this rezone has been based, shall be subject to a public hearing before City approval. That the south 20 feet of block one and block two The Plat of Harrison Park Addition to Sidney be dedicated to the City for future road and drainage improvements. That the property owner agree to participation in the cost for utility and sidewalks along Tremont. That ingress & egress be limited to Howard Avenue. That a landscaping plan be prepared and submitted that is acceptable to the City Engineer and that a landscape screen be provided within the area fronting the south property line, that will effectively screen the building from surrounding residential uses. That a maintenance agreement be signed by the property owner to insure that the approved landscaping is maintained in a health growing condition and v✓ell-kept appearance for three years after completion of the project. That a maintenance agreement be signed by the property owners to insure that the approved stormdrainage system is maintained and an undue burden is not placed on the City. PASSED this 19 day of September 1988. CITY OF PORT ORCHARD PLANNING COMMISSION O. Jo n Hocanson, C airman ATT E Sl' : Rut Stru e, Secretary