008-06 - Ordinance - Amending Zoning Designations and Zoning MapNOTICE 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 March 27, 2006.
i'f � • i1: i.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
ZONING DESIGNATION AND ZONING MAP FOR A 1.32 ACRE PARCEL LOCATED
WITHIN THE CITY OF PORT ORCHARD FROM RESIDENTIAL 8 (R8) TO
COMMERCIAL, RETAIL, OFFICE (CO), PARCELS 032301-1-016-2005 and 032301-
1-015-2006 SUBJECT TO CONDITIONS.
Copies of Ordinance No. 008-06 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. 008-06 will be
provided at a nominal charge.
City of Port Orchard
&U�Y- 91�q�
Carol L. Etgen
Clerk Clerk
Publish: Port Orchard Independent
May 27, 2006
Kitsatalegals soundpublishing.com
City of Port Orchard 200605300040
216 Prospect Street 1111111 IN Pag?N!�06o 0 0?A
Port Orchard, WA 98366 FORT ORCHARD CITY OF ORD $41,@G Kit -sap Co, WA
ORDINANCE NO. 008-06
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING ZONING DESIGNATION AND ZONING MAP FOR A 1.32
ACRE PARCEL LOCATED WITHIN THE CITY OF PORT ORCHARD
FROM RESIDENTIAL 8 (R8) TO COMMERCIAL, RETAIL, OFFICE (CO),
PARCELS 032301-1-016-2005 and 032301-1-015-2006 SUBJECTTO
CONDITIONS.
Tax Parcel Nos. 032301-1-016-2005 and 032301-1-015-2006
Full Legal — Exhibit "A„74NC '),4 N, E - , 1 F - Wit= A TTAC HEO fcV At DiTIIO CAL
WHEREAS, the City Council previously adopted Zoning Ordinance No. 1748
regulating zoning designations and requirements for development for all properties within the City;
WHEREAS, an application was received on December 21, 2005 requesting a site
specific rezone to change the existing zoning on a 1.32 acre parcel with a current Comprehensive
Plan designation of Commercial and zoning of Residential 8 (R8) to Commercial, Retail and Office
(CO); and
WHEREAS, a Mitigated Determination of Non -Significance was issued February 11,
2006; and
WHEREAS, the Planning Commission held a public meeting on February 21, 2006
and recommended approval of the site specific rezone subject to conditions; and
WHEREAS, the City Council held a public hearing on March 13, 2006 and heard
testimony on the proposal from the applicant and the public; and
WHEREAS, the proposed rezone is not detrimental to the health, safety, and welfare
of the community and is consistent with the Zoning Ordinance, 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 is i.
Page 2 of 3
1. The following documents were admitted into the record:
a. Staff Report dated March 13, 2006.
b. Planning Commission Resolution No. 02-06.
c. Planning Commission Staff Report dated February 21, 2006.
d. Application Packet.
e. Notice/SEPA/MDNS.
f. Correspondence
2. Director Long -Woods presented the Staff Report.
3. Craig Baldwin testified on behalf of the applicant. He discussed the two buildings
being proposed, the general grading of the site, and addressed the frontage
improvements.
4. Daniel Joehnk addressed the access to the property.
The Council adopts the findings and conclusions set forth in Planning Commission
Resolution No. 02-06 as its own, a copy of which is attached as Exhibit "B" and incorporated by this
reference; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
*RDAIN 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 Parcel Nos. 032301-1-016-2005 and 032301-1-015-2006 from Residential 8 (R8) to
Commercial, Retail and Office (Co) subject to the conditions set forth in Planning Commission
Resolution No. 02-06 attached hereto as Exhibit "B."
SECTION 2. This rezone is site plan specific to the Jeremiah Project Rezone R-1155.
Pursuant to Part 2, Section 11 of the City of Port Orchard Planning and Development Procedures,
any major modification, deviation or departure from the originally approved site plan or application
shall constitute a violation of the zone adjustment approval unless City Council has reviewed and
approved a modified site plan after conducting a public hearing. The City Council may subject
modified site plans to new conditions.
SECTION 3. 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 law.
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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 27t" day of March 2006.
KIM E. ABEL, MAYOR
ATTEST:
&mltf &em2
Carol Etge , City Cle k
APPROVE 0 Sporysored by,
W,
ity Attorney Councilmember Dilenno
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PORT ORCHARD CITY OF ORD $41.00 Kit.sap Co, W
Exhibit "A"
Ordinance No. 008-06
Enclosure (2)
The Jeremiah Project includes two parcels.
The first parcel is located at 1922 Pottery Avenue, Port Orchard Washington. Legal description is Short:
03231 E Long: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTh',
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 100 FEET SOUTH OF THE
NORTHEAST CORNER OF THE NORTH 18 ACRES OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 3; THENCE WEST 200 FEET; THENCE SOUTH 100
FEET; THENCE EAST 200 FEET; THENCE NORTH 100 FEET TO THE POINT OF BEGINNING;
EXCEPT POTTERY AVENUE; AND EXCEPT THE NORTH 2.5 FEET THEREOF.
The assessors parcel number is 032301-1-015-2006,
Driving directions are south on Pottery from Tremont. Pass Sage street and continue about 300 feet.
The second parcel is 1914 Pottery Avenue, Port Orchard, Washington. Legal description Short: 03231E
long: PARCEL I: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
SAID SECTION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 870 FEET;
THENCE SOUTH 100 FEET; THENCE EAST 870 FEET TO THE EAST LINE OF SAID SECTION;
THENCE NORTH ALONG SAID EAST LINE 100 FEET TO THE POINT OF BEGINNING; EXCEPT
THE WEST 435 FEET THEREOF; AND EXCEPT THE EAST 30 FEET THEREOF CONVEYED TO
KITSAP COUNTY FOR ROAD PURPOSES UNDER AUDITOR'S FILE NO. 297424. PARCEL I1:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
3, TOWNSHIP 23 NORTH, RANGE l EAST, W.M,, IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION.
I00 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE WESTERLY 200 FEET;
THENCE SOUTH 2.5 FEET; THENCE EASTERLY 200 FEET TO A POINT ON THE EAST LINE OF
SAID SECTION 102.5 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE NORTH
ALONG SAID EAST LINE 2.5 FEET TO THE POINT OF BEGINNING; EXCEPT THE EAST 30 FEET
THEREOF CONVEYED TO KITSAP COUNTY FOR ROAD PURPOSES, UNDER AUDITOR'S FILE
NO. 297424.
The assessors parcel number is: 032301-1-016-2005,
Parcel two is adjoining parcel one along the north border.
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Ordinance �II III No. ii 1.
Exhibit "B"
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 02 - 06
A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING
COMMISSION RECOMMENDING APPROVAL OF A SITE SPECIFIC
REZONE FOR THE JEREMIAH PROJECT
TAX PARCEL NOS: 032301-1-016-2005 and 032301-1-015-2006
WHEREAS, the applicant has submitted an application for a Site Specific Rezone of
two parcels, located at 1914 and 1922 Pottery Avenue, from Residential 8 (R8) zoning to
Commercial (Co) zoning to allow for the construction of medical office buildings; and
WHEREAS, a Determination of Non -Significance was issued on February 11, 2006;
and
WHEREAS, the Planning Commission held a public meeting on February 21, 2006;
MM
WHEREAS, the Planning Commission heard testimony in favor of the proposal from
the applicant's representative and there was no testimony in opposition to the proposal; now,
therefore,
THE PLANNING COMMISSION OF THE CITY OF PORT ORCAHRD HEREBY
RESOLVES AS FOLLOWS:
THAT: The Planning Commission of the City of Port Orchard hereby
recommends that the City Council of the City of Port Orchard approve
the application for a Site Specific Rezone with the following findings
and conclusions and subject to the following conditions:
General
1. An application for a Zone Reclassification (R-1155) was received on October 18 2005 Kitsap
2.
3.
4.
5.
9
County Assessor Information shows that Blane A. Williams is the property owner for the
northern parcel # 032301-1-016-2005, and that Jeremiah Project, LLC is the property owner for
parcel # 032301-1-015-2006. The site addresses are 1914 and 1922 Pottery Avenue.
Determination of Non -Significance with mitigation (MDNS) was issued on February 11, 2006.
The total site area according to the assessor data is 1.44 acres.
The proposed development includes phased construction. Phase I will include Building No. 1, a
6,000 sq. ft. building to be utilized as a physical therapy business, and grading, drainage, and
paving of the site. Phase II of construction will include construction of Building No. 2, a building
of approximately 9.400 sq. ft., with additional landscaping.
Site improvements include a stormwater collection system, landscaping, access improvements,
and parking for a total of 58 stalls.
The required number of parking spaces, based on total square footage of the buildings is 62.
The applicant is requesting a deviation from the minimum requirement of 62 stalls as provided in
Chapter C3, Section 3b of the Zoning Ordinance. The applicant has provided the following
reasons for the reduction: "First, the access to the property located to the south will enhance
the interaction for the patrons using services offered at each site. This should relieve part of the
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Exhibit "B"
Resolution No. 02-06
Page 2 of 6
need for parking stalls. Secondly, the total building area for the project includes a 1,000 square
foot area in the basement of building one. This area will be used for the mechanical equipment
and for storage. These uses will not require parking the 1,000 square foot area is equivalent to
4 parking stalls". The City Engineer will review and approve the request for revision of parking
spaces.
Site Conditions
7. The Project site includes two existing residential lots. The application states that the total
project area is 1.32-acres. The site is generally "L" shaped with 200 feet of frontage along
Pottery Avenue. The two parcels were previously residential lots that have been recently cleared
and partially graded. The western portion of the north parcel is wooded and enters a bioswale
that conveys surface drainage to the northwest.
8. Topography generally slopes from east to west, with slopes that are relatively flat becoming
steeper to the west. The east end of the site slopes to the east with a steep embankment from
Pottery Avenue supported by an existing rock wall.
9. The single-family residence on 1922 Pottery was recently demolished, and some clearing and
grading was accomplished along with the demolition. The single-family residence on 1914
Pottery was recently remodeled and will be relocated prior to the site development.
10. The site contains soils listed by the County as "highly erodible". The applicant conducted a field
survey, and found that the slopes in the western end of the site are much flatter and do not
exceed 30%. The applicants' engineer indicates in a letter dated December 21, 2005, that the
soils are suitable for constructing buildings and storm drainage detention ponds.
11. The site does not contain critical areas identified by the City's Critical Areas Ordinance.
12. There are two existing residential driveways located along Pottery Avenue, one at the north end
and the second at the south end. Sight distance is limited by the steep embankments at the
existing access points.
13. A tentative agreement has been reached with the property owner to the south to interconnect
these parcels. The site will be graded lower to facilitate access, and the applicant is proposing
to share parking and access from Lippert with the existing medical offices to the south.
14. The project includes a proposal to access the stormwater drainage pond from the adjacent
property to the north.
Traffic
15. A Traffic Impact Analysis was prepared for the proposed development by Heath & Associates,
Inc. in September, 2005.
16. Primary streets serving the site consist of major roadways and two-lane collector roads. Pottery
Avenue is a north -south two lane roadway providing access to the site. Lane widths are
approximately 12 feet, and surfacing is composed of asphalt. The shoulders along the project
frontage are grass/gravel, and are minimal in width.
17. Lippert Drive is an east -west two lane asphalt roadway, which lies to the south of the project.
Lane widths are approximately 12 feet, and shoulders vary as to composition of grass/gravel,
but are minimal for most of its length on the north side. Sidewalks exist on portions of the
south side.
18. The City Engineer has stated that Pottery Avenue and Lippert Road are substandard. Lippert
Road has no sidewalks or curbs. Mitigation may be needed to accommodate the additional
traffic. Also, there is a concern that adequate sight distance is provided for traffic exiting from
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Ordinance No. 008-06
Resolution No. 02-06
Page 3 of 6
the site. The pedestrians' circulation along Pottery and Lippert needs to be examined as part of
this process.
19. The applicant is proposing to bond frontage improvements along Pottery. The City Engineer is
requesting that frontage improvements be built (not bonded) using a three lane configuration on
Pottery Avenue in front of the project. This will include widening to three lanes, sidewalk, at
least 1 extra street light and drainage improvements.
• The traffic engineer (Gregary B. Heath, P.E.) submitted additional recommendations in a
letter dated December 20, 2005. "Given the negligible use, no improvements to Lippert due
to Jeremiah traffic is needed;
• Site distance meeting City standards should be met at the project access to Pottery;
• It is anticipated that pedestrian improvements as required by the City will be implemented
along the project's frontage with Pottery.
Land Use/Zoning
20. The purpose of a Rezone is to provide a change of zoning to allow a new or different land use,
which conforms to the City Comprehensive Plan. Unless otherwise stipulated, all zone
adjustment actions are site plan specific. Any major modification, deviation or departure from
the originally approved site plan or application shall constitute a violation of the zone adjustment
approval unless the City Council has reviewed and approved the modified site plan after
conduction a public hearing (Part 2, Section 11e — Planning and Development Procedures).
21. The purpose of the Commercial — retail and office (Co) zone is to provide for the broadest mix of
retail, service, office, and commercial recreation/cultural uses serving Port Orchard and
surrounding market areas while offering significant employment opportunities. The present
zoning for both parcels is Residential, 4.5 units/net usable acre, however, the Comprehensive
Plan designation is already Commercial. The change from residential to commercial zoning will
bring the property into conformance with the Comprehensive Plan.
22. The residence at 1922 Pottery was recently demolished, and the existing residence will be
relocated off site, prior to the construction plan approval.
23. The minimum parking requirement for office patient clinics is 1/250 sq. ft. The total building
area according to the site data is 15,400 sq. ft., for a total of 62 parking stalls required. (Chapter
C3, Section 3). A total of 58 stalls are proposed. An applicant may request a modification of the
minimum required number of parking spaces by substantiating that parking demand can be met
with a reduced parking requirement. In such cases, the City Engineer may approve a reduction
of up to 50 percent of the minimum required number of spaces (Chapter C3, Section 3b).
24. The north parcel (1914 Pottery), is proposed to share access and parking with the southern
parcel, (1922 Pottery). The plans or submittal materials do not address an access easement
from 1922 to 1914 Pottery. An access easement is required, and a shared parking agreement is
required to be approved by the City Engineer.
25. Landscape plans have been submitted, and will be revised to provide a legend identifying the
species, size, quantity, placement, irrigation, and other characteristics of all existing and
proposed trees, plantings, fences, rockeries, and other proposed site improvements in
accordance with the requirements of Chapter C4, Sections 8, 10, 11, 13, 14, 21 and 22.
26. The Landscape provisions for this site require a 10-foot full screen buffer between the residential
and commercial land uses. Residential properties abut the property to the south and west. This
provision is not met with the submitted plans. As such, the property to the west of Building 1
should be landscaped to provide "fully screen vegetation" that functions as a visual separator
between the commercial building and residential activities (Chapter C4, Section 9).
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27. It appears that the proposed landscaping within the "line of sight triangle" may exceed the 3'
maximum as required by Chapter C4, Section 6.2.
28. A separate Sign Permit will be required. The applicant may wish to locate any proposed signage
prior to or concurrently with finalizing your landscape plan.
Site Plan
29. Grading of the site is expected to be generally associated with the creation of building sites, and
will be completed as part of Phase I.
30. The Site Plan may need to be revised to address required frontage improvements, access
easements, shared parking and required landscaping.
31. The proposed stormwater detention facility meets the minimum design criteria for the City of
Port Orchard, and will require access for maintenance from the adjacent parcel. An easement
for maintenance of stormwater facilities will be required. Kitsap County hazard maps indicate
the location of the detention pond is in an area of "highly erodable/potential erode." The
Engineer of Record will need to verify during construction that soils are compatible with the
intended use.
32. Stormwater quality is proposed via a two -cell detention pond and bioswale.
CONCLUSIONS:
1. The proposed development is consistent with the Comprehensive Plan.
2. The proposed parking departure is consistent with applicable code.
3. The site is located approximately 300 feet north of Cedar Heights Junior High School. Safe
pedestrian walkways for school children are not adequately provided. Deviation from the
standards for the provision for frontage improvements required by the City Engineer and
recommended by the project traffic engineer, are not allowed unless by Council approval.
4. Prior to construction plan approval, the site plan will need to be revised to accommodate the
required frontage improvements; internal access easements and shared parking, and
landscaping requirements.
CONDITIONS OF APPROVAL:
If the Planning Commission recommends approval, the following conditions are necessary to meet
minimum requirements:
SEPA
1. The applicant shall adhere to all mitigation measures of the Mitigated Determination of Non -
Significance as issued February 11, 2006.
ZONING
2. All conditions identified by City Departments and other agencies must be met prior to the
approval of final construction plans.
3. The north parcel (1914 Pottery), is proposed to share access and parking with the southern
parcel, (1922 Pottery). A covenant or other contract for shared parking between the
cooperating property owners shall be approved by the City Engineer. This covenant or contract
must be recorded with the Kitsap County Auditor as a deed restriction on both properties and
cannot be modified or revoked without the consent of the City Engineer (Chapter C3, Section
4f). Additionally, an access easement to 1914 Pottery needs to be shown on the site plan, and
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Ordinance No. 008-06 Page 5 of 6
recorded with the Kitsap County Auditor as approved by the City Engineer (Chapter C2,
Section3).
4. Prior to Final Construction Plan approval, the Landscape Plan must be revised and approved
meeting the provisions of Chapter C4.
5. The Landscape provisions for this site shall meet the requirements of the City Code.
6. Except for areas of undisturbed existing vegetation or low areas with existing high soil moisture
conditions, landscape areas shall have temporary irrigation systems. Such systems may be
removed after 24 months or 2 growing seasons, whichever occurs first, provided that the
plantings are established.
7. Prior to Certificate of Occupancy, the landscaping must be bonded according to provisions of
Chapter C4, Section 22. The landscape bond is subject to approval by the City Attorney.
8. A separate sign permit is required for any signage proposals.
9. Address numbers shall be visible from the street, and installed prior to Certificate of Occupancy.
FIRE PREVENTION CODE
10. An off site fire hydrant is located 130 feet north of project site. The applicant shall indicate off site
hydrants located on Pottery Avenue as these locations can effect the on -site fire hydrant requirements
for your project. At least one on -site hydrant will be required to supply the fire protection systems.
11. Fire flow requirements were unable to be determined due to lack of on -site fire hydrants. Maximum
spacing of fire hydrants is 600 feet between hydrants, if all buildings are protected by an approved
automatic fire sprinkler system. For buildings of 9,408 square feet (2 floors of the largest building
footprint), and of Type V-B construction, a minimum fire flow of 1,500 gallons per minute, measured
at a residual pressure of 20 p.s.i., is required. A minimum of 2 fire hydrants will be required to
provide this fire flow.
12. Fire hydrants shall be located no closer than 40 feet of the building to be protected.
13. The plans do not indicate location of utilities. Access to on -site fire hydrant(s) and fire department
connections are required and must consist of the following:
a. The turning radius of a fire apparatus access road shall be a minimum of 35 feet inside diameter
and 48 feet outside diameter.
b. Before any combustible construction related to this project is initiated, the fire hydrants and
access roads shall be installed and approved by SKFR and the City of Port Orchard. Access roads
shall be provided for all structures more than 150 feet from a public access road. Access roads
shall be a minimum of 20 feet in unobstructed width, be designed and maintained to support the
imposed loads of fire apparatus (60,000 pounds) and must have a surface that provides all-
weather driving capabilities.
c. Buildings shall be constructed in accordance with the provisions of the International Fire Code,
and the International Building Code, as adopted and enforced by the City of Port Orchard. All
construction shall be in accordance with Chapter 14, Fire Safety During Construction, Alteration or
Demolition of a Building.
STORMWATER
14. Stormwater quantity control, water quality treatment, and erosion and sedimentation control
shall be designed in accordance with the City of Port Orchard Municipal Code, Chapter 15.32
Stormwater Management or as amended at the time of Excavation/Stormwater Permit
Application.
15. Construction plans and profiles of all roads, stormwater drainage facilities and appurtenances,
prepared by the developer's engineer, and an easement from the adjacent property owner for
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Ordinance No. 008-06
Resolution No. 02-06
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maintenance of the stormwater facilities shall be submitted to the City for review and
acceptance as part of the application for an Excavation/Stormwater Permit.
16. The design of the stormwater quality control facility will be in accordance to Chapter 6 of the
City of Port Orchard Stormwater Design Manual
17. All stormwater system improvements will be completed prior to issuance of any building permit
applications.
18. The Engineer of Record shall certify that the as -built live and dead storage detention pond
volumes meet the design criteria. The Engineer of Record shall verify that soils are compatible
with the detention pond.
19. The Engineer of Record shall certify that the as -built water quality treatment facility meet the
design criteria.
20. The Contractor is responsible for permanent stabilization and restoration of the project site.
21. An `Operation and Maintenance Manual" shall be prepared by a Professional Engineer and
approved by Public Works prior to final inspection.
ROADS
22. Prior to final plan approval, Construction Plans shall be submitted and approved by the City
Engineer for all road improvements.
23. Project proponents must ensure that adequate sight distance is provided at the site access.
24. Access to 1914 Pottery shall be shown on the site plan and approved by the City Engineer.
PASSED by the Planning Commission of the City of Port Orchard this 21st day of February 2006.
ATTEST:
-f. lw�� �WIZL�
Joanne Long -Wood , Planning Director
l
Gil Michael, Chairman
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