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1408 - Ordinance - Amending Zoning MapORDINANCE NO. 1408 V/ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON AMENDING CITY OF PORT ORCHARD ZONING ORDINANCE NO. 899; BY AMENDING THE ZONING MAP THEREOF, RECLASSIFYING CERTAIN PROPERTY THEREIN (Robert A. Gehring) WHEREAS, Robert A. Gehring, owner of record, has initiated a zoning ordinance amendment, requesting reclassification 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 Planning Commission's findings and action recommending that the Zoning Map be amended and for the reasons stated therein; NOW, THEREFORE, BE IT ORDAINED that the Council of the City,of Port Orchard does hereby adopt the findings and recommendations of the Planning Commission as it's own and does hereby reclassify certain property as described in Attachment "A" to Commercial General Zone, subject to conditions as outlined in the minutes of the October 27, 1975, Port Orchard City Council meeting and an agreement (Attachment "B") dated May 23, 1975 relevant to traffic ingress and egress. 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 28th day of December, 1987. LESLIE J. WEATHERILL, MAYOR ATTEST: Patricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored By: Councilman Grosso ORDINANCE NO. 1408 ATTACHMENT "A" LEGAL DESCRIPTION: That part of the north half of the northeast quarter of the northwest quarter AND that part of the southeast quarter 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 a whole as follows: Beginning at the north quarter corner of said Section 36, being a concrete monument located on the north side of State Route 160; thence along the east line of the northwest quarter of said Section 36, S 1*29'30" W 87.16 feet to a point on the southerly right-of-way margin of said State Route 160; thence continuing S 1*29'30" W 660.00 feet; thence N 88*38'15" W, parallel with the southerly right-of-way margin of State Route 160, 132.00 feet TO THE TRUE POINT OF BEGINNING; thence N 88*38'15" W 531.25 feet to the west line of the southeast quarter of the northeast quarter of the Northwest quarter of said Section 36; thence along said west line, N 1*24'40" E 83.97 feet to the northwest corner of the southeast quarter of the northeast quarter of the northwest quarter of said Section 36; thence along the south line of the north half of the northeast quarter of the northwest quarter of said Section 36, N 88*07'45" W 663.38 feet to the southwest corner of the north half of the northeast quarter of the northwest quarter of said Section 36; thence along the west line of the north half of the northeast quarter of the northwest quarter of said Section 36, N 1*19'51" E 232.13 feet; thence S 69*33'59" E 117.56 feet; thence along a line parallel with the west line of the north half of the northeast quarter of the N.W. quarter of said Section 36; N 1*19'51" E 186.80 feet; thence N 68*57'04" W 16.33 feet; thence S 87*53'17" E 385.58 feet; thence N 1*47'50" E 189.17 feet to the southerly right-of-way margin of State Route 160; thence along said right-of-way margin S 88*38'15" E 153.13 feet; thence continuing along said right-of-way margin for the next 4 (four) courses: S 1*21'45" W 10.00 feet; S 88*38'15" E 100.00 feet; N 1*21'45" E 10.00 feet; and S 88*38'15" E 328.41 feet; thence leaving said right-of-way margin along a line parallel with the east line of the northeast quarter of the northwest quarter of said Section 36, S 1*29'30" W 320.00 feet; thence S 88*38'15" E 132.00 feet; thence S 1*29'30" West 260.75 feet to a point on the south line of the north half of the northeast quarter of the northwest quarter of said Section 36; thence continuing S 1*29'30" W 79.25 feet to the True Point of Beginning. Attachment 'W' Ordinance No. 1408 1 A G R P, I_ I1 n ''I T i' nn-r^ 'GPEI-=_w n 7A p r^ i •-� s_IT made by Is'. Zobert Cehring and .1):. . r1 Ir. s 31 R. Gehring and Yur_: 's A & i1, Inc., t:•hilo unilateral ill iv.;::, is 41 to be treated as a contractual oerillg made to the Pla ny I ffu,,.in 511Comlission of the City of Port Orchard and to the Po:ct Orchard City 6 Council for the purpOco of giving the assurance of the tulc?ar:aic':;r17 7 that in thr-- event the application for rezone is granted u1)oll 8I cunditioLs that these cond'_tions will be rm..c? b erfo •. _. p : tile <,F�pli I� 9I cants for rezone as a contractual Obligation 8.11d ghat the corsid.era I 10i ticl'I for this proi'fer is the favorable actiun of t_ha Pler.n:ing 11� Commission and the City Council in granting tile rezone to the I 12 a plic'ants undersigned for the construction of a development. on f 131: acres of Land to be known as the South Ritsap Shopping 14 Robert A. Gehring, Glenn_ys R. Gehring and Buck's A « 191 Inc,, 15 individually and collectively, agree that they will as developers 16 at th'3ir sole cost provide for roads at SR 160 fronting upon this 171 developmont including "the addition of a through lane, turn aild 18 hold lane;, deceleration lanes, markers, channoliza'tion and any I 19 Other appurtenances rouuircd to furnish a safe traffic flow". 20 It being undors'tooe--, however, that the State Highway De par'tment h3yd 21 indicated that 41-My wi:.1 provide r_hannelizat.ion and the cnoincer. ing l 22 necessary to develop Ithe.intersoction and that nothing in this 2.3 agreem,nt shall zequiw'o the developer to z inbtroa -,).. State of 24 ;' Bh4ll9tOn for t r channoliza.ti.orl 4llcl/or t}e enrjine�ring :in the: 25 event: that the State of Washington desi):c-s to conduct tlL- sc- mat"tera 2E lat its ot.m e)_pen.�o. It is agreed and ulde-stood {;J;a,,. t':e latest 2" I print revision llasi dCiet3d ":Ors traffic tc t lisk.o Lalle and t}lat 28 IlU Slga :i tr:.l'. i,C iedliiJ: ed at this inter';ect.ioll. IIl -1.! PVC'nt that 29 l i itUSc tLa `iiC S1 OG,'S 'al'i'a11L SlgIt<.i.iZ-ati0') Ui tal)ti0:1, 30I 1i7d6 Vc.r, at t}:Cit tie ::11 COSL'9 Of the rig,<.11L ti.On W1.11 b aRSLat^ri 3i. L [-- d =1� n j 'V t:. t'c. 1�?': +j 3J" c'?1td/"r by t�10 52 I the City o:' i>::.rt O cl);trtA will ll!?':. 1. ;a I '!8. ftitG :• I:r f:'1 .. i, iL !10:f 1 I:LRT URI:'�N<U. \rnSHlr'IL nr; y;�VG I II ltL rF'H UIJL l:: L-1q •••. I i 11 21 II. 111c developer will accept the responol)-)i.lity and of. installing an eight inch sewer from manhole 'rl? north ar "?erri.cl;'= Auto Parts", east on the south shoulder of 1.60 up tc: zoid into 5 the developer's property zs shown on 6IIIn addition, to the normal tap fee for service. ainC;u l ea 'L seable L1I"lit, the cleveiup,::r *.:ill pay a front fcotagri aS^9J:;7P. at (1:naa l as 8 a latecomer's cli tree) of. $3.49858 per front. foot for all nronerty 9 served which it is understood will be all Lhat portion fronting loll on SP. 160. 01 12 Under wa ter: commercial, the developer `u:derctancs that an 13 indepth analysis of the availability of co:-niercial water sources 14 indicates that the six-inch water service fronting on the developer 15 property across from Plisko Lane has adequate capacity to serve 16 the relocation of the A & W Restaurant and a limited of .17 low consumption type businesses such as of-licos, clinics, etc, l 18 The developer understands and agrees that the evaluation of watc-r 19 demands of each new business that the devellop= proposes to add 20 to the development would be the criteria fcr the issuance of a -21 building permit and that the ©valuation r:o:Ild be dct:erminci by use 22 of pressure guages at two locations to recez:d head The 23 developer has the consent of the City Ezigi;:eor and. Supe.ri1,te:niu:It 24 of Public Woi}:s to quote that the present ''atc:: supply is r.dccluat.e ' 25 for the A & 17 Pestaurant and for a lin,it^r :1`.rcix•r of low ccIrk sIII o- 26 tion type businesses and that the use In Vatcr beyorlcl L-Ilc: rolo^a•• 27 tiUn of the A & W Restaurant and/or a li)ri ed I:;' :ti te.r. of low 28 c;a ...con of I ns1LI;npt. on typo .e., usiiiasss will noccsit_ e the eval.u-. 29 trig' wager der':Inds of C:i&Cl`., nCaP ull`i ?..IlESF. 1'il �.:: il`'1 ^f:'�.' t:UU:�.., )I r,t`•T, vO If7 lat the davc•1ope.r i.s not, as a condition = o o'.:tr.inil:%x t.L �` C.ronce L t 1 rcqulre(l to S;leCt olle of tha passible fl've Solli)' `il5 ^:`7)i u.taPl 32 -,y Liio City I;nginoor and Supo inten6ant of 1)u:Dli^ S;oi_i;s l 11 3 furnishing^ water to they, pz S7:lisas Joe_ 5 It is understood that before buil6ing remits c�:i.11 ,r_.sur4sho>_ld` �e ���,.r additional water bccomc necessary 01i1� one of t11E^. sulutiolls I 5 reco_nurended by the City Enginecr and Superintendont of Public ;^ior-Ys•' 6 ch be adopted but t?fat the sUbject should ba left open h,erauso the Ci, of Port Orchard ma � well develop e, high rocs 2, ''Y 1 p ) p...� urn systam 8I in the general area of this developmant in which event it would notl 9 be necessary to adopt one of the five solutions sot forth by the 10 City Iingincur. and Superintendent of Ptu)lic wort:s cn Pages 2 «r.d 11 3 of his letter of Ilarch 25, 1975. 12 , . IV. 13 Finally, it is agreed that the undersigned will alAde by 14 the foregoing- stipulations as to roads, and commorcial Ovate 15 and that the undersigned has withdralm From consideration of 16 the Planning Commission the special use po mit requested for 17 high density residential in a ten acre tract adjoining the 14 acre 18 sought to be rezoned for South I'Utsap Shopping Park. 19 V. 20 It is understood that the granting of the rezone will, in -21 and of itself, make this unilateral. of£or binding upon the 22 developer as a contract in the event that he undertakes to develop 23 the proport.y in accordance vrath the grant of the rezone. 24 Iid R'I':^:;L°SS 171113REOP the developor and his wife, individually oc N� I and as officers of Buck's A & 1,1,. Inc., have hereunto arfis:ed Choir 2GIhands and seals at Port Orchard, Washington this - � day of 27 May, 1975. _,� 29 3^v J1 ' 32 I -3- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 •21 22 23 24 25 26 27 28 29 30 31 32 BUCK'S A F. 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