049-08 - Ordinance - Amending Zoning Map to Change Zoning DesignationCity of Port Orchard
Clerk's Office
216 Prospect Street
Part Orchard, WA 98366
PORT ORCHARD CITY OF 200902120111
Ordinance Rec Fee: $ 51.00
02/1212009 02 56 PM Page: t of 10
Walter Washington, Kitsap Co Auditor
I IIIIIII Illlli III IIIII IIII Illilll IIIIII 1111 IIII IIIII 11111 IIIIIII III IIIII IIIII IIIII IIII IIII
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: December 30, 20o8
Postponed: January 13, 2009
Adopted: January 27, 2009
ORDINANCE NO. 049-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING THE CITY OF PORT ORCHARD
ZONING MAP TO CHANGE THE. ZONING DESIGNATION OF
CERTAIN PROPERTY LOCATED WITHIN THE CITY OF PORT
ORCHARD FROM EMPLOYMENT-INDUSTRAIL/OFFICE (EO) TO
COMMERCIAL-RETAIL/OFFICE (CO).
TAX PARCEL, NO. 112301-2-047-2oo6
LEGAL DESCRIPTION: SW 1/4 of the NW 1/4 of Section 11, T 23N, RiE., W.M.
FULL LEGAL: PARCEL B OF SEGREGATION REQUEST DESCRIBED AS
FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 1i
TOWNSHIP 23 NORTH RANGE 1 EAST, WM.; THENCE S89*02'08 E 817.54 FEET
TO A POINT ON THE SOUTH MARGIN OF SE SEDGWICK ROAD AND THE TRUE
POINT OF BEGINNING; THENCE N18*12'27 E 23.37 FEET TO A POINT ON A
73o.00 FOOT RADIUS CURVE TO THE LEFT (RADUS POINT SEARS N09*32'04
W); THENCE ALONG SAID CURVE, 577. o9 FEET TO THE NORTH LINE OF THE
SOUTH io ACRES OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 1i; THENCE S89*01'28'E
ALONG SAID NORTH LINE, 34.29 FEET TO THE EAST LINE OF THE
SOUTHWEST QUARTER OF THE. NORTHWEST QUARTER OF SAID SECTION iz;
THENCE S02*22'59 W ALONG SAID EAST LINE 329.7o FEET TO THE
SOUTHEAST CORNER 0I7 SAID SOUTHWEST QUARTER; THENCE N89*02'oS'W
ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 303.73 FEETTO
THE TRI'I? POINT OF BEGINNNG.>>>TOGETHER WITH THAT PORTION OF
THE NORTH 5 ACRES OF THE SOUTH 15 ACRES OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1i, LYING
SOUTHEASTERLY OF THE SOUTHEASTERLY MARGIN OF SEDGWICK ROAD
AS CONVEYED UNDER AUDITOR'S FILE: NO. 20o7o6150207.
Ordinance No. 049-08
Page 2 of 9
WHEREAS, an application was received on October 11, 2007 from. Nick Reynolds (Rezone
Application R-1168) requesting approval of a rezone to change the existing zoning on a parcel totaling 1.7 acres
with a current zoning designation of Employment-Industrial/Office (EO) to Commercial-Retail/Office (CO);
legally described above; and
WHEREAS, a Mitigated Determination of Non -Significance was issued on October 29,
2oo8; and
WHEREAS, the Planning Commission considered the application at a public hearing on
November 17, 2oo8 and heard testimony on the proposal from the applicant's agent and the public; and
recommended approval of the rezone to the City Council subject to certain conditions, as set forth in Exhibit
A; and
WHEREAS, the City Council held a public hearing on December 23, 2oo8 and heard
testimony on the proposal from the applicant and the public; and
WHEREAS, the Comprehensive Plan designation for the property is Commercial, which
allows the proposed development, and the proposed rezone would be consistent with the goals and policies of
the Comprehensive Plan; and
WHEREAS, the proposed rezone is not detrimental to the health, safety, and welfare of the
community and is both consistent with and in harmony with the general purposes of the Land Use Regulatory
Code, Growth Management Act, and Comprehensive Plan; and
WHEREAS, being fully advised, the Council finds and concludes as follows:
TESTIMONY AND EXHIBITS
The Council bases its findings and Conclusions on the following Exhibits and Testimony:
i. The following documents were admitted into the record as exhibits:
a. Agenda Staff Report dated December 23, 2oo8, continued to December 30, 2oo8.
b. Planning Commission Resolution No, oio-o8 and all supporting documents.
c. Planning Commission Staff Report dated October 15, 2007.
d. Application Packet.
e. Notice/SEPA/DNS.
f. Notice to Adjacent Property owners.
2. Director James Weaver presented the Staff Report.
3. Testimony of William M. Palmer, agent for the applicant, on behalf of the applicant.
4. Testimony of Nels Rosendahl, Nick Reynolds -Owner, and Richard A. Brown,
5. No other testimony or exhibits were offered by the public.
FINDINGS AND CONCLUSIONS
The Council adopts the Planning Commission's findings, conclusions, and conditions as set forth in
the Planning Commission Resolution oio-o8 for the Seabeek Pizza Rezone No. R-i168, (Attached Exhibit A)
as its own, and the same are incorporated by reference; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION t. Based upon the exhibits, public testimony, recommendations of city staff and the
Planning Commission, and the findings and conclusions contained herein, the City of Port Orchard Zoning
Map, is hereby amended by changing the zoning designation for the property described above, to -wit: Parcel
Number 112301-2-047-2006 from Employment -Industrial/ office (EO) to Commercial-Retail/Office (CO),
subject to any conditions set forth in Planning Commission
Ordinance No. 049-08
Page 3 of 9
Resolution No. 010-08 attached hereto as Exhibit "A."
SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
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 27th day of January 2009.
EST;
Patricia J. Kirkpatrick; City Clerk
APPROVED AS TO FORM:
Greg A, Ja oby City I
ney
Sponsored by:
7-jj-=
Rob Putaansuu, Councilmember JJ
Ordinance No. 049-08
Page 4 of 9
EXHIBIT A
RESOLUTION NO. 010-08
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
PLANNING COMMISSION RECOMMENDING APPROVAL WITH
CONDITIONS THE REZONE APPLICATION FOR PROPERTY LOCATED
ON SEDGWICK ROAD, SOUTHWEST OF THE STATE ROUTE 16
INTERSECTION.
Tax Parcel No. 112301-2-047-2006
WHEREAS, the applicant filed an application with the City (R-1164) on August 9,
2007 for a site specific rezone of a 1.7 acre parcel from Employment-Industrial/Office to Commercial
for the purposes of constructing a retail and office complex; and
WHEREAS, on October 15, 2007 the Planning Commission held a public meeting on
the application and heard testimony from the applicant's agents, the owner, and the public; and
follows:
WHEREAS, being fully advised, the Planning Commission finds and concludes as
TESTMONY AND EXHIBITS
The Planning Commission bases its Findings and Conclusions upon the following Exhibits and
Testimony that it finds to be relevant, credible, and persuasive.
1. The following documents were admitted into the record.
A. Staff Report dated October 15, 2007 with attachments.
B. Letter from Doug Skrobut, McCormick Land Company, dated November 6,
2008
C. Letter from Eric Merrifield, Perkins Cole, on behalf of Lowes.
2. Bill Palmer, WM Palmer Consultants, testified on behalf of the project.
3. Richard A. Brown testified on behalf of the project.
4. Pat Waters testified in favor of the project.
5. Heather Cole testified in favor of the project.
6. Nels Rosendahl, Rosendahl Engineering, testified on behalf of the project
FINS
General:
1. The application for rezone (R1168) was received October 11, 2007.
2. The Determination of Completeness was issued on May 14, 2008.
3. The MDNS was issued on October 29, 2008.
Ordinance No. 049-08
Page 5 of 9
4. Water and sewer will be provided by the City of Port Orchard, and water and sewer
services are available to this parcel, but will need to be extended to and onto the site to
adequately service the proposed development.
5. The property is currently zoned Employment — Industrial/Office and the comprehensive
plan designation is Commercial.
6. The proposed building will total approximately 4,500 square feet with restaurant and
retail space.
7. The applicant also applied for a variance in May 2008, which was approved under a
separate Notice of Decision by the Planning Commission at their November 17, 2008
meeting. The applicant is seeking a variance from the Critical Areas Ordinance
(Ordinance 1784, Chapter 2, Section 4) wetland buffer requirement, as the site would be
unusable without a reduction. The applicant is proposing an off -site mitigation which will
include enhancement of an existing wetland within the same watershed.
Site Conditions;
8. The 1.7-acre site has been previously cleared and is now covered with invasive shrubs
and undergrowth.
9. There is an existing Type II wetland on the site.
10. A wetland report was prepared by B & A Inc., and supplemented with a report by C3
Habitat Corp.
11. 15,810 square feet of Category II wetland buffer will be lost as a result of the proposed
development. As a mitigating measure, 63,360 square feet of wetlands will be enhanced
to ensure no net loss of wetland functions and values. The mitigation site is located
approximately one-half mile from the Seabeck Pizza site in unincorporated Kitsap County.
Kitsap County has been involved in negotiations and has submitted a letter in support of
the project.
Land Use/Zoning
12. The Comprehensive Plan Designation for the parcel is Commercial.
13. The proposed building will total approximately 4,500 sq. ft. of retail and restaurant space,
with associated parking.
CONCLUSIONS
1. The proposed rezone will bring the property into conformance with the Comprehensive
Plan.
2. The proposed development is consistent with the Zoning Ordinance.
3. The proposed development will provide employment and service opportunities for
residents of Port Orchard and the South Kitsap area.
CONDITIONS OF APPROVAL
SEPA
1. All SEPA conditions shall be met as outlined in the Mitigated Determination of Non -
Significance issued October 29, 2008, or as revised hereafter.
a. No fill is allowed in the wetland.
b, A construction stormwater general permit from the Department of Ecology must be
Ordinance No. 049-08
Page 6 of 9
obtained for any disturbance of one acre (43,560 Square feet) or more of land through
clearing, grading, excavating, or stockpiling of fill material. Department of Ecology
permit information may be obtained at:
http://www.ecy.wa.gov/programs/wq/stormwater/index.htmi
c. Erosion control measures must be installed and inspected by City Staff prior to any site
development activity.
d. Vegetation materials shall be at a minimum, 3-gallon pots and 3 feet in height. Materials
must be planted in rows and a strict maintenance schedule implemented consistent with
the approved mitigation plan. Due to the dominance of reed canary grass in the
mitigation area, live stakes should not be used in the planting schedule.
e. The approved mitigation plan must be implemented prior to approval of a Certificate of
Occupancy.
f. Maintenance and monitoring shall include review of the buffer at the development site.
g. Yearly review shall ensure retention of function to the wetlands 'paper buffer" consistent
with the approved wetland reports.
LAND USEMNING:
2. A landscaping plan in accordance with Port Orchard Municipal Code 16.50 shall be provided
with the clearing and grading or site development permit application, whichever is first.
3. Prior to Certiflcate of Occupancy, the landscaping must be approved by the Planning
Department and bonded according to the provisions of POMC 16.50.295. The bond is
subject to approval by the Development Director and/or the City Attorney and must be
bonded for a period of two years.
4, Except, for areas of undisturbed existing vegetation or, low areas with existing high soil
moisture: is onditions, landscaped areas shall have temporary (or permanent) irrigation
systems. Temporary systems may be removed after 24 months, or two growing seasons,
whichever occurs first.
5. A separate sign permit is required for any signage proposals. Signs should meet the
requirements of the Port Orchard Municipal Code.
6. A significant tree replacement plan meeting the provisions of 16.50 of the Municipal Code,
shall be provided with the clearing and grading permit, and approved prior to site
development.
7. The first twenty-five feet of the wetland will become the "buffer", and must be enhanced.
Enhancement plans shall be submitted prior to issuance of the site development plans.
GENERAL:
8. Construction plans, associated profiles and details for all site development, road
improvements, utility infrastructure improvements, storm drainage facility improvements and
associated appurtenances prepared by the developer's engineer shall be submitted to City of
Port Orchard for review and acceptance. No construction shall be started prior to said plan
acceptance.
9. Prior to approval of the construction plans, all necessary easements must be recorded and
submitted to the City.
10. A Geotechnical report must be prepared and submitted to provide a soil assessment of the
project site, along with soils compaction and pavement design criteria for both on -site and
off -site frontage activities and foundation and/or retaining wall design criteria of any
structures proposed.
Ordinance No. 049-08
Page 7 of 9
STORMWATER:
11. The information provided demonstrates this proposal is a Major Development as defined in
the most current City of Port Orchard Developer's Handbook, and as such will require a
Stormwater Permit from Public Works.
12. Stormwater quantity control, quality treatment, and erosion and sedimentation control shall
be designed in accordance with the most current City of Port Orchard Developer's Handbook.
The submittal documents shall be prepared by a civil engineer licensed in the State of
Washington. The fees and submittal requirements shall be in accordance with City of Port
Orchard Ordinances in effect at the time of application.
13. The Washington State Department of Fish and Wildlife (WDFW) "may" require a Hydraulic
Project Approval for the work required at the proposed outfall. The proponent is responsible
to comply with all requirements set forth by WDFW.
14. The project proponent shall be responsible for installing any necessary off -site downstream
drainage improvements as identified within the downstream capacity analysis. Procurement
of any permits and/or easements necessary to install said off -site improvements shall be the
responsibility of the project proponent. As indicated above, prior to approval of the
construction plat, all easements must be recorded and submitted to the City.
15. The site plan and supporting documentation indicates that less than 1-acre will be disturbed
during construction. As long as this threshold is maintained, a National Pollutant Discharge
Elimination System (NPDES) Stormwater Construction permit from the State Department of
Ecology is NOT required. More information about this permit can be found at
http://www.ecy.wa.gov/programs/wq/stormwater/construction/ or by calling Josh Klimek at
360-407-7451, email jokl461@ecy.wa.gov.
16. The owner or commercial homeowners association (HOA) shall be responsible for
maintenance of the storm drainage facilities for this development following construction,
Before issuance of occupancy permits for this development, the person or persons holding
title to the subject property for which the storm drainage facilities were required shall record
a Declaration of Covenant Associated with Maintenance and Operation of Storm Drainage
Facilities that guarantees the City that the system will be properly maintained. Wording must
be included in the covenant that will allow the City to inspect the system and perform the
necessary maintenance in the event the system is not performing properly. This would be
done only after notifying the owner or HOA and giving him/them a reasonable time to do the
necessary work. Should City forces be required to do the work, the owner or HOA will be
billed at the current City rates.
17. The City of Port Orchard will not be responsible for any damage to any private roads, tracts,
and/or easement areas that may occur during routine maintenance activities and that in City
of Port Orchard's judgment occur, in whole or in part, because of any construction materials
or techniques, or any maintenance materials or techniques. This includes, but is not limited
to, damage to pavement or vegetated areas caused by maintenance trucks.
TRAFFIC AND ROADS.
18. Construction of handicap access facilities shall conform td.the requirements of the Americans
with Disabilities Act (ADA).
19. The owner or commercial homeowners association (HOA) shall be responsible for the
maintenance of all building, sidewalk, parking lot, drive isle and landscape improvements,
including all storm drainage infrastructure facilities and on -site traffic signage. A note to this
effect shall appear on the face of the final construction plans.
Ordinance No. 049-08
Page 8 of 9
20. Wheelchair ramps shall be provided on both sides of the site approach. Include on the plan
set curb ramp details that meet the requirements of the Americans with Disabilities Act per
WSDOT Standard Plan F-40, as applicable, cement concrete sidewalk and approach details.
21. Any required sidewalk shall be constructed prior to roadway paving. This note shall appear
on the face of the final construction plans.
22. The access road to the proposed project site will be provided through a new entrance located
along Sedgwick Road (independent from Lowe's unless a formal easement is provided).
Detailed plans for access and parking are required for review. The width of said entrance
shall be designed based upon a Traffic Impact Analysis (TIA).
23. The developer shall prepare a Traffic Impact Analysis (TIA) that will analyze the trip
distribution to and from the site and how impacts to the City's transportation system are to
be mitigated through channelization improvements (Two -Way Left Turn Lane, Right -Turn
Pocket, Deceleration/Acceleration Lane, etc). If a TIA is not provided, the access road to the
project site will be limited to Right-in/Right-out access only.
24. The developer's engineer shall certify that there is adequate entering sight distance at the
intersection of Sedgwick and the commercial approach, Such certification shall note the
minimum required sight distance, the actual sight distance provided, and a sight distance
diagram showing the ntersection geometry drawn to scale, topographic and landscaping
features, and the sight triangle. The sight distance shall meet the requirements of the City of
Port Orchard Road Standards. The certification shall also note necessary measures to
correct and maintain the minimum sight triangle.
25. All work, equipment & materials for street lighting installations shall meet and be in
compliance with all requirements of the City of Port Orchard Road Standards, Project
Contract Provisions of Plans and Specifications accepted for construction by City of Port
Orchard, MUTCD Manual on Uniform Traffic Control Devices, NEMA National Electrical
Manufacturer's Association, NEC National Electrical Code, WSDOT Standard Specifications &
Standard Plans, and the Occupational Safety & Health Administration (OSHA).
26. Any work within the City right-of-way shall require a permit to perform work on City right-of-
way and possibly a maintenance or performance bond. This application to perform work in
the right-of-way shall be submitted separately. The need for and scope of bonding will be
determined at that time.
27. Half street frontage improvements shall be required along Sedgwick Road, including but not
limited to paving, curbs, gutters, sidewalks, street lights, landscaping, franchise utilities
under -grounding (if applicable) and stormwater system improvement installation,
SANITARY SEWER AND WATER.
28. All workmanship, materials and testing requirements for sanitary sewer and water system
improvements shall conform to the latest edition of the City of Port Orchard Developer's
Handbook.
29. Water service for domestic, fire protection (if applicable) and landscape irrigation purposes
shall utilize the existing water main located in Sedgwick Road, unless other provisions have
been made and executed easements are provided to this office prior to construction plan
approval,
30. Project site development shall utilize a grease trap/grinder pump system, with discharge to
the existing sanitary sewer lift station located at the Lowe's entrance within city right-of-way.
The design report, plans and specifications shall be prepared by a licensed professional
engineer.
Ordinance No. 049-08
Page 9 of 9
FIRE:
31. Before approval by SKFR, plans shall be submitted indicating fire hydrant locations. The
required fire flow for a building of Type V-8 construction and of approximately 4,500 square
feet is 1,750 gallons per minute at a residual pressure of 20 p,s.i. The number of r1re
hydrants required to provide the aforementioned fire flow shall be no less than two, The
maximum distance from any portion of the building to a hydrant, as measured by an
approved route shall be no more than 400 feet.
31 If the building has an approved automatic fire sprinkler system installed, the fire flog may
be reduced by up to 50 percent. This would allow the installation of a single fire hydrant for
fire flow and the maximum distance increaser to no more than 600 feet.
-11 If the occupancy use group of the building is dasst ted as A 2, and has an occupant load of
greater than 100, the building wik be required to be protected throughout try an automatic
fire sprinkler system.
34, Fire apparatus access to the building appears adequate, but shall consist of the following,
a. The unobstructed width of a fire apparatus access road shall be ,no less than 20 feet.
b. All dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provisions or the turning around of fire apparatus,
c. The turning radius of a fire apparatus access road shall be a minimum of 35 feet
inside diameter and 48 feet outside diameter.
d: Fire apparatus access roads shall be designed and maintained to support the
imposed loads (75.000 lbs) of fire apparatus and sha€i be surfaced so as to provide
all-weather driving capabilities.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, of the City of Pot Orchard
hereby recommends that the City Council approve the site specific rezone for Parcel NO. 112301-2-
047-2006 from Employment— Industrial Office to Commercial, Retail/Office zoning, as conditioned.
PASSED by the Planning Corrrnission of the Cary of Part Orchard, this 17�' day of
November; 2008.
Gil Michael, Chair
ATTEST:
ss R. Weaver
Deveiopment Director
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held January 27, 2009�
ORDINANCE NO, 049-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING THE CITY OF PORT ORCHARD
ZONING MAP TO CHANGE THE ZONING DESIGNATION OF
CERTAIN PROPERTY LOCATED WITHIN THE CITY OF PORT
ORCHARD FROM EMPLOYMENT-IN DUSTRAIL/OFFICE
(EO) TO COMMERCIAL-RETAIL/OFFICE (CO).
Copies of Ordinance No. 049-08 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 049-08 will be
provided at a nominal charge.
City of Port. Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
February 6, 2009