1327 - Ordinance - Amending Ordinance No. 1163 Amending Area and Use Mapsgf"'a,..d2d% b__3 Ond I'(3$-f2/¢8 ORDINANCE NO. 1327✓
AN ORDINANCE OF THE CITY OF PORT ORCHARD
AMENDING 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 City of Port Orchard Planning Commission
has transmitted to the Council of the City of Port Orchard,
Washington a copy of their Resolution No. 065-85 recommending
approval of said petition, and
WHEREAS, The Council of the City of Port Orchard
did hold Public Hearing on October 14, 1985 and October 28, 1985
to hear testimony and review materials presented and does set
forth finds of fact and conclusion as follows:.
FINDINGS OF FACT: 1. Planning Commission has determined
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 State-
ment was prepared for this project and accepted by
the City in 1978 which has addressed all the environ-
mental concerns and mitagation measure.'
4. A SEPA checklist has been pre-
pared and received a declaration of non -significance
because no new environmental concerns are present and
the original EIS is still relevant.
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 reclass-
ification 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. 1327
Page Two
Ara lam,
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1. At no expense to the City, the Developer
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shall extend the municipal water system to provide
adequate fire flow and domestic usage, as set forth
by 1984 Comprehensive Water Plan. This extension
shall be designed by a licensed engineer in the
State of Washington, be approved by the City Engineer
and be constructed prior to the start of construction
of the actual structures in this development. The
Developer shall deed the water main, reservoir,
and other appurtenances to the City upon acceptance
by the City of the water system extension.
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 for 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 of 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.
6. 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. 1327
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.
PASSED by the City Council and APPROVED by the
Mayor of the City of Port Orchard this 12th day of November,
1985.
LESLIE WEATHERILL, MAYOR
ATTEST:
i
Patricia Hower-', City Clerk
APPROVED AS TO FORM:
ty Cler