040-07 - Ordinance - Amending Zoning Map Lundberg Landing RezoneCity of Port Orchard
216 Prospect Street PORT ORCHARD CITY OF 200801110084
Ordinance Pee Fee: $ 49.00
Port Orchard, WA 98366 0Karen Fl, Kit
111112008n12:36sop PM Co Rudifnt Page7 1 of a
111111 Ili 1111111111111111111111111111111i !11 I1II11111111111 [1111111111111 fill 1111
ORDINANCE NO.040-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1748 BY
AMENDING THE CITY OF PORT ORCHARD ZONING MAP TO CHANGE
THE ZONING DESIGNATION OF CERTAIN PROPERTY LOCATED
WITHIN THE CITY OF PORT ORCHARD FROM RESIDENTIAL 4.5
(R4.5) TO COMMERCIAL (CO), SUBJECT TO THE CONDITIONS OF
THE SITE -SPECIFIC PLAN KNOWN AS THE LUNDBERG LANDING
REZONE
TAX PARCEL NO.362401-3-062-2004
LEGAL DESCRIPTION: NW 1/4 of SW 1/4 Sec.36, T24N, R1E, W.M.
FULL LEGAL: EXHIBIT A
WHEREAS, the City Council previously adopted Zoning Ordinance No. 1748
regulating zoning designations and requirements for developmentfor all properties within the City;
and
WHEREAS, an application was received on August 9, 2007 from Lundberg Landing
LLC (Rezone Application R-1164) requesting approval of a rezone to change the existing zoning on a
2.9 acre parcel with a current zoning designation of Residential 4.5 (R4.5) to Commercial —
Retail/Office; legally described in Exhibit A; and
WHEREAS, a Mitigated Determination of Non -Significance was issued on September
29, 2007; and
WHEREAS, the Planning Commission considered the application at a public meeting
on October 15, 2007 and unanimously recommended approval of the site -specific rezone to the City
Council, subject to certain conditions, as set forth in Exhibit B; and
WHEREAS, the City Council held a public hearing on November 13, 2007 and heard
testimony on the proposal from the applicant's agent and the public; and
WHEREAS, the Comprehensive Plan designation for the property is Commercial,
which allows the proposed development, and the proposed development is 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
Ordinance No: 040-07
Page 2 of 8
Zoning Ordinance, Growth Management Act, and Comprehensive Plan; aid
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:
1. The following documents were admitted into the record as exhbits:
a. Agenda Staff Report and attachments dated September 10, 2007.
b. Planning Commission Resolution No.010-07 and all supporting documents.
c. Planning Commission Staff Report datedAugust 20, 2007.
d. Application Packet.
e. Geotechnical Report (February 2007; Olson & Associates).
f. Traffic Impact Analysis (April 9, 2007; Mirai Transportation Planning & Engineering).
g. SEPA Notice.
h. Notice to Adjacent Property Owners
1. Proposed building elevations
j. Conceptual landscape design.
2. Director Long -Woods presented the Staff Report.
3. Comments from Maher Abed, City Engineer, requesting two conditions be added to the
approval of the project.
4. Testimony of Robert Baglio, project engineer, on behalf of the applicant.
5. Testimony of Jana Lundberg, property owner, in support of the proposal.
6. Testimony of Vaughn Everett, wetland consultant on the project.
7. Comment from Councilman Putaansuu about adding conditions at the last minute.
FINDINGS AND CONCLUSIONS
The Council adopts the findings and conclusions as set forth in the staff report and Planning
Commission Resolution No, 010-07 (Attached Exhibit B) 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 1. 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, adopted by Ordinance No. 1748, is hereby amended by changing the zoning
designation for the property described in Exhibit "A", to -wit: Parcel Number 362401-3-062-2004
from Residential 4.5 (R4.5) to Commercial — Retail/Office, subject to conditions set forth in Planning
Commission Resolution No. 010-07 attached hereto as Exhibit "B" and as modified herein. The
conditions of approval set forth herein small control over any inconsistent provision set forth in
Exhibit "'B."
SECTION 2. Exhibit "B" Condition 3 is hereby modified to read as follows:
20. The applicant shall provide half -street improvements along the entire site's
frontage with Mitchell Avenue. The total pavement width will be 14 feet from the
PORT ORCHARD CITY OF 200801110084
6rdinarce Rec Fee: $ 49.Qo
01/11/2008 12:36 PM Page: 2 of S
Karen Flynn, Kit$ap Co Auditor
11111111III11111111111111111111111111111111111111111111I1IIIIIIIill 111111111111111111111
Ordinance No: 040-07
Page 3 of f
center of Mitchell; the existing pavement will be saw cut and new asphalt will be
added to meet the total width. the improvements shall include paving, stormwater,
curb/gutter, sidewalk, landscaping, lighting and franchise utilities undergrounding.
22. The applicant shall sign a waiver -of -protest of future Local Improvement District
(LID) for full roadway improvement of Bethel Avenue. This roadway enhancement
will include pavement widening, curb/gutter, sidewalk, stormwater, lighting,
landscaping and franchise utilities undergrounding.
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 this26th day of November 2007.
KIM E. ABEL, MAYOR
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM: Sponsored by:
- ZA-A-64tc
City Attorn I.Rita Dilenno, Council Member
PORT ORCHARD CITY OF 200801110084
Ordinance Rec Fee: $ 49 00
01/11/2008 12:36 PMKaren Flynn, Kitsap Cc Auditor page. 3 of 8
II11111111111111111111111111111111111111111111111111lllilll I1111111111ll11141111IN
EXHIBIT A
TAX PARCEL NO 342401-4-005-2004
Ordinance No: 040-07
Page 4 of.8
THAT PORTION OF THE WEST 290 FEET OF THE EAST 1076.00 FEET OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, LYING NORTHERLY OF EXISTING ALDER ROAD, EXCEPT THAT
PORTION THEREOF DESCRIBED AS FOLLOWS. COMMENCING AT THE EAST
ONE QUARTER CORNER OF SAID SECTION 34 WHICH BEARS NO*49' 12 E FROM
THE SOUTHEAST CORNER OF SAID SECTION 34; THENCE N88*16'19 W 786.00
FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER; THENCE SO*49'12 W 568.45 FEET TO THE TRUE POINT
OF BEGINNING; THENCE S84*22'12 W 140.68 FEET; THENCE SO*49'12 W 296.64
FEET TO THE NORTH MARGIN OF THE COUNTY ROAD; THENCE N63*12'30 E
ALONG SAID NORTH MARGIN 4.16 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT WHOSE RADIUS POINT BEARS S26*47'30 E 2895.60 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE 155.74 FEET TO A POINT THAT BEARS
SO*49' 12 W FROM THE TRUE POINT OF BEGINNING; THENCE NO*49' 12 E 243.83
FEET TO THE TRUE POINT OF BEGINNING. (LESS TAXABLE ACCOUNT NO.
342401-4-005-2103 AS PER DEPARTMENT OF REVENUE REGISTRATION NO.07408
001)
PORT ORCHARD CITY OF 200801110084
Ordinance Rec Fee: $ 49.00
01/111200B 12:36 PM Page: 4 of 8
Karen Flynn, Kitsap Co Auditor
11111111 III 11111111111111111111111111111111 IN 111111 1111111111111111111f1111111 IN
Ordinance No. 040-07
Page 5 of S
EXHIBIT B
RESOLUTION NO. 013-07
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
PLANNING COMMISSION RECOMMENDING APPROVAL WITH
CONDITIONS THE REZONE APPLICATION FOR PROPERTY LOCATED
AT THE INTERSECTION OF BETHEL AVENUE, LINCOLN STREET AND
MITCHELL AVENUE
Parcel number 362401-3-062-2004
WHEREAS, the applicant filed an application with the City (R-1 164) on August 9,
2007 for a site specific rezone of one 2.9 acre parcel from R4.5 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.
The following documents were admitted info the record:
A. Staff Report dated October 15, 2007 with attachments.
B. Letter in support of the project from Margaret Kvinsland, dated October
15, 2007
2, Robert Baglio, The BJC Group, testified on behalf of the project
3. Vaughn Everitt, wetland biologist with Wiltermood & Associates, testified on
behalf of the project as it relates to the proposed wetland and stream relocation.
4. Manuel Cruz, representing the residence to the north of the property, asked that
a fence be placed along the northern property boundary.
5. Janet Lundberg Pugh, owner, testified on behalf of the project.
FINDINGS
General:
1. The application for rezone (R 1164) was received August 9, 2007.
2. The Determination of Completeness was issued on September 5, 2007.
3. The MDNS was issued on September 29, 2007.
4. Water and sewer will be provided by the City of Port Orchard, and water and sewer
services are available to this parcel.
5. The property is currently zoned R-4.5 and the comprehensive plan designation is
Commercial.
6. There is an inconsistency regarding parcel size between Kifsap County Assessor's records
and the applicant survey. Assessor's records indicate a 2.9 acre parcel.
PORT ORCHARD CITY OF 200801110084
Ordinance Reo Fee; S 49.00
01/1112008 12:36 PM page, b of 8
Karerti Flynn, Kitsap Co Auditor
11111111111111U1111111111I11111111III 1111111 II11III 11 IIIII11111 U1IN
Ordinance No. 040-07
Page: 6 df 8
7. Kitsap County records indicate the property is owned by Janet Pugh. Lundberg Landing
LLC is the applicant. A purchase and sale agreement was provided to the City. The sale
is contingent on the rezone approval.
Site Conditions:
8. The 2.9 acre site has been previously developed and is now covered with undergrowth,
and had a house until approximately 2003 including invasive Himalayan blackberries.
9. The site is nearly devoid of significant vegetation.
10. The site slopes downward generally from 1 to 5 percent from the north to the south side.
There is a seasonal stream (Type 4 Ns) and a small wetland f Category Ill) on the south half
of the site.
11. There is an existing 4,057 sq, ft. wetland on the site and the applicant is proposing to fill
the wetland and replace it with a 6,095 sq. ft. wetland to be created further to the south,
adjacent to Lincoln Road. A wetland mitigation plan has been prepared by Wiltermood
and Associates for creation and monitoring of the proposed wetland placement. The
mitigation plan calls for planting of 658 plants, shrubs and trees in the created wetland
and enhanced buffer.
12. The applicant is proposing to move the stream and relocate it further to the south to
provide a water source for maintenance of the wetland, The plan includes a culvert
replacement under Bethei Road, which was requested by Fish & Wildlife as mitigation for
the project. The current culvert does not allow natural sediments to flow downstream.
13. Storm water from the site will be handled by underground detention structures.
14, Grading of the site is expected to be generally associated with the creation of level
building sites and the filling and reconstruction of the wetland.
15. A Hydraulic Project Approval (HPA) will be required from the US Army Corps of Engineers
and the State Department of Fish & Wildlife.
16. The Suquamish Tribe submitted a letter dated September 26, 2007 recommending denial
of the proposed wetland fill.
Traffic:
17. The applicant provided a Traffic impact Analysis (TIA) prepared by Mirai Transportation
Planning & Engineering, dated July 30, 2007.
18. The TIA anticipates 338 average daily trips to be generated by full build -out of the
project; 48 in the morning peak hour, and 46 in the afternoon peak hour.
19. Transit opportunities exist in the immediate vicinity. Kitsap Transit Routes 4, 6, and 81 serve
the area.
20. Kitsap County is planning a major expansion of Bethel Avenue to include four lanes,
medians, bike lanes and sidewalks. There is also a roundabout planned for Bethel
between Lundberg Road, west of Bethel, and Lincoln, immediately adjacent to the
project. The final location has not been selected at this time, Due to lack of funding, the
timing of the Bethel widening project is uncertain.
21, The Public Works Director informed the traffic engineer that the City's level of service
standard (LOS) is LOS D.
22. The levels of service (LOS) at the analyzed as part of the TIA are not expected to change
with the project.
23. The applicant will dedicate 20 feet of right-of-way to the City along Bethel Avenue, as
required in Resolution 1482.
24. No other mitigation is recommended in the TIA.
Land Else/Zoning
25. The Comprehensive Plan Designation for the parcel is Commercial.
PORT ORCHARD CITY OF 200801110084
Ordinance Rec Fee: $ 49.00
01/1112000 12:36 PM Page, 6 of B
Karen Flynn, Kitsap Co Auditor
11111111 III 11I1111111 I1111111111111111111111 IIII IIII 11III 1111111 III 11111 IIIII 11I1111111111
Ordinance No, 040-07
Page 7 of 8
26. The proposed buildings total 32,020 sq. ft. Providing 1 parking space for each 300 sq, ft. of
building square footage; 107 parking spaces are required. The applicant has provided
107 spaces on the site plan.
27. Setbacks and landscaping buffers appear adequate as shown in the site plan. A final
landscape plan must be submitted to the city for review with the clearing and grading or
site development permit applications.
28. If the applicant cannot obtain an HPA, the project will have to be redesigned
accordingly.
29. A Nationwide water quality permit will be required by the Army Corps of Engineers to fill
and move the wetland.
CONCLUSIONS
1. The proposed medical office complex is consistent 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 September 29, 2007, as revised.
Zonin-q
2. Afl conditions identified by City Departments and other agencies must be met prior to
the approval of final construction plans.
3. A landscaping plan in accordance with Chapter C4 of the Zoning Ordinance shall be
provided with submittal of the clearing, grading, or site development permit.
4. Prior to Certificate of Occupancy, the landscaping must be approved by the Planning
Director and bonded according to the provisions of Chapter C4, Section 22, The bond is
subject to approval by the Planning Director and/or the City Attorney.
5. Mitigations related to stream and wetland re locations as described in Wiltermood
Associates, Inc. Wetland Mitigation Plan dated July 27, 2007 shall become conditions of
approval, unless otherwise modified through the state and/or federal permitting process
for relocation of the stream and filling of the wetland area. Mitigations include but are
not limited to a five year monitoring schedule, landscape performance bonding for 5
years and the Wiltermood planting plan. All wetland and stream mitigations shall be in
place before a Certificate of Occupancy can be issued on the first building.
6. Except for areas of undisturbed existing vegetation or low areas with existing high soil
moisture conditions, landscaped areas shall have temporary (or permanent) irrigation
systems. Temporary systems may be removed after 24 months, or two growing seasons,
whichever occurs first.
7. A separate sign permit is required for any signage proposals. Signs should meet the
requirements of Chapter 15.16 of the Port Orchard Municipal Code.
8. A significant tree replacement plan meeting the provisions of Chapter C4 of the Zoning
Ordinance, shall be provided with the landscaping plan and with the submittal of any
clearing, grading, or site development permit,. The plan must be approved prior to site
development.
9. A Nationwide water quality permit will be required from the Army Corps of Engineers for
the wetland fill. The City must receive a copy of the approved permit before any
clearing, grading, or site development permit can be approved for the project.
PART ORCHARD CITY OF 200801110084
Ordinance Rec Fee: $ 49.00
O1/11/2O08 12:36 PM Page: 7 of 8
Karen Flynn: Kitsap Cc Auditor
11111111 III 1111 IN 1111111111111111111111111111111111111111111111111114 11111111
Ordinance No. 040-07
Page 8 of 8
10, Hydraulic Project Approval from the State Department of Fish and Wildlife will be
required to relocate the Type 4 stream. A copy of the approved HPA shall be submitted
to the City before any clearing, grading, or site development can be approved for the
project.
11. A Forest Practice permit may be required by the State Department of Natural Resources.
No clearing or grading can occur until the City receives a copy of an approved Forest
Practice Permit from the State.
12, If the permits from the State and/or Federal agencies are not approved, the applicant
will be required to redesign the proposal accordingly and go through the site specific
approval process with the new site plan.
13. A six-foot cedar fence shall be installed along the northern property line where it borders
residential property.
Engineering
14. Stormwater quantity control, water quality treatment, and erosion and sedimentation
control shall be designed in accordance with City of Port Orchard Municipal Code,
Chapter 15,32.
15. The Applicant or his designee is responsible for permanent stabilization and restoration of
the project site.
16. Ali stormwater system improvements shall be completed prior to issuance of any building
permits.
17. The Applicant or Engineer shall submit the Operation and Maintenance Manual for
review and acceptance by the City Engineer prior to Certificates of Occupancy.
18. Prior to final plan approval, construction plans shall be submitted and approved by the
City Engineer for all road improvements.
19. Applicant shall dedicate 20 feet of right-of-way on the Bethel Avenue frontage prior to
Certificate of Occupancy.
20. Applicant shall coordinate with Kitsap Transit on possibility of installing a new bus stop, or
providing improvements and access to an existing bus stop.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Pori Orchard hereby
recommends that the City Council approve the site specific rezone for Parcel No. 362401-3-062-
2004 f rom Residential 4.5 to Commercial, Retail/Office zoning, as conditioned, and allow the
removal of one significant tree over 36 inches in diameter.
PASSED by the Planning Commission of the City of Port Orchard, this 15th day of October,
2007.
9
Gil ° Ic ael, Chair
ATTEST:
Joanne Long-Wo/
ods
Planning Director
141rAN4
PORT ORCHARD CITY OF 20080
Ordinance Rec Fee: $ 49'00 Page: 8 of 6
01f11F2008 12:36 PM
{Kar}}en Flynn, Kzt}saP}}Co R4uditor } } }{