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1438 - Ordinance - Amending ZoningORDINANCE NO. 1438 V AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING ORDINANCE NO. 1369, 1327 AND PORT ORCHARD ZONING ORDINANCE NO. 1163; BY AMENDING THE AREA AND USE MAPS THEREOF: RECLASSIFYING CERTAIN PROPERTY (Robert Roland and Howard Roland, owners of record) LOCATED SOUTHWEST QUADRANT OF SR 16/SEDGWICK ROAD INTERCHANGE. WHEREAS, Robert Roland and Howard Roland, owners of record, have petitioned a zoning ordinance amendment, requesting reclassification of property located Southwest quadrant of SR 16/Sedgwick Road Interchange, as described in said petition, and WHEREAS, The Council of the City of Port Orchard did hold Public Hearings on October 14, 1985 and October 28, 1985 to hear testimony and review materials presented and does set forth findings of fact and conclusion as follows: FINDINGS OF FACT: 1. Planning Commission has determined that this property no longer meets the purpose or intent of the zoning ordinance due to the interchange character of the intersection. 2. The proposed project is to be located on the southwest corner of the intersection of Sedgwick and SR 16. The southeast corner of the intersection is zoned Commercial General and the northwest corner has been zoned Commercial Highway. 3. An environmental Impact Statement was prepared for this project and accepted by the City in 1978 which has addressed all the environmental concerns and mitigation measure. 4. A prepared and received a non -significance because concerns are present and still relevant. SEPA checklist has been declaration of no new environmental the original EIS is 5. The applicant has agreed to use all practicable means to preserve and enhance the environmental quality of Blackjack Creek during and after construction of the project. 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 does hereby reclassify certain property (Legal Description: SW 1/4, NW 1/4, Section 11, Township 23 North, Range 1 East, W.M: Except portion East of county road, except road and except state highway) from Residential Low to Commercial General with the following conditions: Ordinance No. 1438 Page Two 1. At no expense to the City, design and construct a water system which is technically adequate and approved by both the City Engineer and Fire Chief. The water system shall be designed by a licensed engineer in the State of Washington and be constructed prior to the start of construction of the actual structures in this development. The City reserves the right to require that the Developer deed the water system to the City of Port Orchard. A hydro -geological study be made and included in the design of the system, to be approved by both the City Engineer and Fire Chief. 2. At no expense to the City, the Developer shall improve Sedgwick Road by providing through lanes, left turn lanes, deacceleration lanes, appropriate traffic markings, and road illumination. These improvements shall be approved by the City Engineer. 3. At no expense to the City, the Developer shall design, provide and install a traffic signal system when traffic on Sedgwick Road warrants the signal. The City shall notify the Developer when the traffic signal is warranted. The traffic signal shall be traffic actuated, be erected on steel poles and cross arms, provide the left turn signals and be approved by the City Engineer. 4. No access shall be provided to any road other than Sedgwick Road. The Developer shall erect a fence at least six feet high or such a design that blocks the view of the shopping center along the west and south property lines. The purpose of this fence is to limit access and to provide a visual barrier to the adjacent residential areas. 5. The Developer shall landscape the property line abutting Sedgwick Road. 5. a) The Developer shall extend the municipal sewer system to the project and connect to the sewer system, at no cost to the City. The Developer shall design, construct as approved by the City Engineer and deed to the City this municipal sewer system extension. b) The Developer initially may design, install and use a septic tank/drain field system that has been approved by the Kitsap County Health Department for a period of three years after the first Commercial business in the Mall opens. However, the Developer must begin connection to the municipal sewer system no later than three years after the first commercial business in the Mall opens. The Developer must be connected to the municipal sewer system no later than five years after the first commercial business in the Mall opens. The Developer, at no cost to the City, shall design and construct this sewer system extension, as approved by the City Engineer. The Developer shall deed this extension to the City. Ordinance No. 1438 Page Three 7. Developer shall submit final plans to the Port Orchard City Council for approval, prior to any issuance of permits. 8. The Developer shall provide Performance Bond Certificate to insure compliance with conditions of Approval prior to any grading and building permits. 9. That a twelve month extension be placed on the rezone. Upon expiration of that time (November 12, 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. 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 27th day of December, 1988. LESLIE J. WEATHERILL, MAYOR ATTEST: "" Poe�� cz, Patricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored by: Councilman Clauson