1943 - Ordinance - Amending Ordinance 1748 by Amending Zoning MapCity of Port Orchard
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PORT ORCHARD CITY OF ORD $28.00 Kit.sap Co, WA
ORDINANCE NO. 1943
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 CLASSIFICATION OF CERTAIN PROPERTY
FROM R4.5 TO CO SUBJECT TO THE CONDITIONS OF THE
APPROVED SITE -SPECIFIC PLAN KNOWN AS THE BERG
OFFICE/PATIENT CLINIC.
TAX PARCEL NUMBER 342401-4-029-2006
LEGAL DESCRIPTION: THAT PORTION OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER, SECTION 34, TOWNSHIP 24 NORTH,
RANGE 1 EAST W.M, IN KITSAP COUNTY; SEE ATTACHED ATTACHMENT
„A„
WHEREAS, Paul Berg, applicant, submitted an application, dated July 31, 2003,
requesting approval of a rezone from R4.5 to CO along with a site specific plan, which
application was assigned file number R-1148; and
WHEREAS, A Determination of Non -Significance was issued on August 13,
2003; and
WHEREAS, the Planning Commission considered the application at a Public
Meeting on April 19, 2004, continued the public meeting to May 03, 2004, and recommended
approval of the application; and
WHEREAS, the City Council held a pubic hearing on May 24, 2004; and
WHEREAS, the Comprehensive Plan designation for the property is Commercial
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 in harmony with the general purposes of the Zoning
Ordinance, Growth Management Act, and Comprehensive Plan; and
Ordinance No. 1943
Page 2 of 10
WHEREAS, being fully advised, the Council finds and concludes as follows:
FINDINGS AND CONCLUSIONS
The Council adopts the findings and conclusions set forth in the staff report and
planning commission resolution number 005-04 as its own, a copy of which is attached as
Attachment "B" and incorporated by this reference; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
DOES ORDAIN AS FOLLOWS:
SECTION 1. Based upon the 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 classification of
the property described in Exhibit "A" from R4.5 to CO, subject to the conditions set forth in
Planning Commission Resolution Nos. 005-04 attached hereto as Attachment "B", with an added
condition that the east side of the building have an entrance to match the front side of
the building.
SECTION 2. This rezone is site plan specific to the Berg Office/Patient Clinic, R-
1148. 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 the 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 State law.
PASSED by the City Council of the City of Port Orchard, signed by the mayor and
attested by the clerk in authentication of such passage this 14`" day of June, 2004.
e"-v� F .
ATTEST:
V
Carol L.t tgen, City itlerk
APPR VED S TO FORM:
4sjr City Attorn
KIM E. ABEL, MAYOR
John Clauson, Councilman
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PORT ORCHARD CI
Ordinance No. 1943
Page 3 of 10
ATTACHMENT A
Parcel I:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 34,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY WASHINGTON, DESCRIBED
AS FOLLOWS:
BEGINNIGN AT A POINT WHICH IS 30 FEET WEST AND NORTH 0'23" EAST 993.0 FEET FROM
THE SOUTHEAST CORNER OF SAID SECTION 34; THENCE NORTH 89'0' WEST 260.0 FEET;
THENCE NORTH 0'23' EAST 165.5 FEET; THENCE SOUTH 89'0' EAST 260.0 FEET; THENCE
SOUTH 0'23' WEST 165.5 FEET TO POINT OF BEGINNING.
EXCEPT THAT PORTION LYING NORTH OF THE FOLLOWING DESCRIPBED LINE: BEGINNING AT
THE SOUTHEAST CORNER OF THE HERETOFORE DESCRIBED MAIN TRACT; THENCE NORTH
0123' EAST ALONG THE EAST LINE THEREOF 100.50 FEET TO THE TRUE POINT OF BEGINNING,
BEING POINT "A" OF THE LINE HEREIN DESCRIBED; THENCE SOUTHWESTERLY ALONG A
STRAIGHT LINE TO A POIT "B" WHICH LIES NORTH 0'23' EAST 65 FEET FROM THE
SOUTHWEST CORNER THEREOF AND THE TERMINUS OF SAID LINE DESCRIPTION;
(ALSO KNOWN AS LOT "A" OF CITY OF PORT ORHCARD SHORT PLAT NO. PO-15, RECORDED
UNDER AUDIOTR'S FILE NO. 8006190061).
PARCEL II:
A 20 FOOT WIDE EASEMENT FOR ACCESS AND UTILITIES AS DESCRIBED IN CITY OF PORT
ORCHARD SHORT PLAT NO. PO-15, RECORDED UNDER AUDITOR'S FILE NO. 8006190061 AND
BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 34,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. IN KITSAP COUNTY, WASHINGTON.
PARCEL NUMBER LOT "A" 342401-4-029-2006
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ATTACHMENT B
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 005-04
Ordinance No. 1943
Page 4 of 10
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION
RECOMMENDING THE APPROVAL OF R-1148 TO REZONE PROPERTY, KNOWN AS THE
BERG PROPERTY, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF
POTTERY AVENUE AND S. KITSAP BOULEVARD FROM R4.5-RESIDENTIAL TO CO -
COMMERCIAL TO ALLOW FOR THE CONSTRUCTION OF A 4400 S.F. OFFICE BUILDING
ALONG WITH A SITE DEVELOPMENT PLAN INCLUDING THE SHARED EASEMENT FOR
INGRESS, EGRESS AND UTILITIES TO THE ADJACENT PROPERTIES TO THE NORTH
AND WEST (4-046 & 4-030). THE PROPERTY IS FOUND IN SECTION 34, TOWNSHIP 24N,
RANGE 01E, WM, CITY OF PORT ORCHARD, COUNTY OF KITSAP.
ASSESSOR'S ACCOUNT N UMBER: 342401-4-029-2006
WHEREAS, A Mitigated Determination of Non -Significance was issued on August 27, 2003; and
WHEREAS, the Planning Commission held a Public Meeting for the Rezone on April 19, 2004, continued to
May 03, 2004; and
WHEREAS, the proposed purpose of the rezone request is to accommodate the community interest to utilize
the parcel as a Professional Medical Office; and
WHEREAS, the rezone was subject to conditions of CA-05-00 regarding access and use; and
WHEREAS, the applicant has adequately demonstrated that the access from S. Kitsap Blvd is acceptable; and;
WHEREAS, the application as submitted is in compliance with all preliminary requirements of the City
Zoning Ordinance in regard to parking and landscaping, the adopted stormwater manual, and Building and
Fire Code, and as such demonstrates compliance with the Goals and Policies expressed in the City
Comprehensive Plan; and,
WHEREAS, the Planning Commission heard testimony in favor of the proposal and none in direct opposition
from the applicants and the community; and therefore
CONCLUSION, Based upon the attached findings and conclusions; along with the testimony; staff report;
planning memo dated April 20, 2004; and materials presented at the meeting, we therefore conclude the
application conforms to the requirements of the Zoning Ordinance and as such, is found to be a furtherance
of the health, safety, morals, and general welfare of the goals of the community and the City's
Comprehensive Plan,
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Ordinance No. 1943
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BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the
Council approve the rezone request, R-1148, to rezone the subject property from R4.5-Residential to Co-
" Commercial -Retail and Office" , together with the approval of the Ste Specific Plan, asconditioned below.
PASSED this03rd day of May 2004.
Rob Wenman
City Planner
CITY OF PORT ORCHARD
PLANNING COMMISSION
Gil Michael, Chair
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Ordinance No. 1943
Page 6 of 10
FINDINGS
APPLICABLE COMPREHENSIVE PLAN GOALS and POLICIES
The following findings based on the goals and policies from the Comprehensive Plan pertain to this
Rezone application (Departmental comments follow the staff report for your review):
Vision - - Goals and Policies
Ensure the health, safety, and welfare of all citizens.
o The City shall create physical improvement to enhance neighborhoods and protect areas
from incompatible uses
Achieve an environmental and economic balance.
o The City shall provide a balanced mixture and distribution of land uses.
Findings:
I. The proposed rezone from R4.5-Residential to CO -Commercial -Office and Retail supports the
construction of a professional medical office building consistent with the comprehensive plan
designation for the property. The Commercial Zone is the appropriate zone for these facilities.
2. The proposal is consistent with the character of the development along South Kitsap Boulevard
and Pottery Avenue that have been evolving as a mix of professional office, medical, multi-
family, senior care facilities and commercial, implementing local planning goals for coordinated
high quality commercial development.
3. The applicant is proposing to locate a new access point to the site from S. Kitsap Boulevard as
conditioned in CA-05-00, and to functionally screen the neighboring residences to the north with
landscaping.
4. The proposed rezone from R4.5 Residential to Commercial is in conformance
with the Comprehensive Plan Designation for this site, and therefore the
proposed rezone would maintain a balance mixture and distribution of land
uses.
Economic — Goals and Policies
The City shall promote and encourage attractive residential
neighborhoods and commercial areas, aesthetically pleasing buildings,
and well -designed pedestrian amenities.
Findings:
5. The proposal includes a building and site plan design that is intended to
compliment the existing Harrison Hospital health campus and similar uses
along Pottery Avenue.
6. Site improvements include a pedestrian friendly walkway from the building to
the sidewalk along S. Kitsap Boulevard.
Transportation - - Goals and Policies
• Provide access for the disabled.
o The City shall meet the requirements of the Americans with Disabilities Act.
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Ordinance No. 1943
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Findings:
7. A van accessible parking space is required by the Washington Administrative Code (WAC) 51-
30. The proposed plans meet these specifications.
Land Use -- Goals and Policies
• Maintain an attractive and high quality environment.
o The City shall require creative design and landscaping to control the impacts of commercial,
residential, public, and industrial activities which may adversely affect neighboring uses.
Findings:
8. The applicant has submitted a preliminary landscape plan. A final landscape plan meeting City
requirements will be required prior to the issuance of the building permit.
General Findings
9. An Office/patient clinic is a permitted use within the CO zone (Ch B3, pg 97, "Use Tables").
10. A Rezone to "Commercial- Retail and Office" is consistent with the Comprehensive Plan
designation of "Commercial" for the site.
11. The applicant has provided a Site Specific Plan, pursuant to Ch. 1, Section 1 1 e of the City's
Planning and Development Procedures, (Resolution. 1844), that includes a site plan, landscape
plan, building elevation plan and stormwater control plan as a consideration of Rezone
Approval.
12. The site is served by City of Port Orchard for both the fire flow and domestic water.
13. The site is served by the City of Port Orchard for sewer. There is adequate capacity in the sewer
system and treatment facility for this project.
14. The project has presented a plan that illustrates the ability to meet the parking demand needs of
the project.
15. Fire department access around the building appears to be adequate as indicated on the plans.
16. In accordance with the Fire Code, a minimum of 1,750 gallons of water per minute, provided by
at least two fire hydrants, will be required to provide adequate fire flow for the building. The
plans showed two existing fire hydrants that will provided adequate fire flow for 4,000 square
feet. Should the building or site change further review shall be done by the Fire District.
17. A 20' wide egress, ingress and utility easement straddles the northern property line. This
easement provides access from pottery Avenue, and is shared by the three parcels considered
under CA-05-00.
18. A new access easement will be created to allow the neighboring parcels use of the new access
from South Kitsap Boulevard.
CONCLUSIONS
1. The Rezone of the subject property, together with the site Specific Plan to construct a medical
office building, is found to be consistent with City Ordinance No. 1809, which authorized the
Comprehensive Plan Amendment, and limited to the use to professional office/medical clinic
type uses at this site.
2. The applicant is coordinating with the adjoining two property owners that were parties to CA-05-
00, to address access and utility easement requirements that will continue to provide for access
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Ordinance No. 1943
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and utilities to the residences as well as accommodate the future commercial development of the
properties.
3. A property owner is responsible for the provisions of existing easements on the property. Any
existing utilities located on or that cross the property for use by adjoining properties, which
require relocation or are damaged by the proposed construction, will need to be addressed by
new easement agreements. If a new connection is necessary, this would also need to be
addressed through a revised easement agreement.
4. The proposed Site Specific Plan which includes the proposed Building Elevation Plan, Site Plan,
Landscape Plan, and Storm drainage Plan is found to be consistent with the City's adopted
Regulations regarding site development, and a furtherance of the interests of the City.
5. The application proposal demonstrates that appropriate provisions have been made to meet the
parking needs of the proposed building at this site;
6. The proposal, as conditioned, is found to be in conformance with the adopted goals and policies
of the Comprehensive Plan.
7. The proposed Rezone and use of the site is not detrimental to the health, safety, and welfare of
the community and is in harmony with the general purposes of the City's adopted Zoning
Ordinance, Comprehensive Plan, and the Growth Management Act.
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Ordinance No. 1943
Page 9 of 10
CONDITIONS OF APPROVAL
General:
1. Final Construction Plans shall meet all applicable code requirements.
Stormwater Plan:
2. Match report data for detention tank design.
3. All tanks and vaults shall be designed as flow through systems unless separate sediment
containment is provided.
4. All tanks and vaults shall meet structural requirements for overburden support and traffic
loading, if appropriate. HS-20 live loads shall be accommodated for tanks and vaults lying
under roadway or parking areas. Metal tank end plates shall be designed for structural stability
at maximum hydrostatic loading conditions. Flat end plates generally require thicker gage
material than the pipe and/or require reinforcing ribs. Tanks and vaults shall be placed on
stable, well consolidated native material with suitable bedding. Tanks and vaults shall not be
allowed in fill slopes, unless analyzed in a geotechnical report for stability and construction
practices.
5. CMP access risers: Outside of any areas subject to vehicular loads, 36-inch minimum diameter
CMP access risers of the same gage as the tank material may be used for access along the length
of the tank and at the upstream terminus of the tank if the tank is designed with a common
inlet/outlet so that it is a backup system rather than flow through system. The Director may
allow risers in traffic areas with an appropriate traffic bearing design.
6. All risers are required to have solid lids.
7. All tank and vault access openings shall have round, solid, locking lids using 1/2" diameter allen
head screw locks.
8. For all piped drainage systems, connections may only be made at a structure, such as a catch
basin or manhole.
Stormwater Report:
9. The report shall be revised to meet the following requirements:
• Two basins exist on the site and need to be referenced in the report.
• The undeveloped area of the site will bypass the storm system and should be counted as bypass
area. Please show how this area will drain into the proposed storm system.
• The calculated Tc values are in question. Please verify the lengths and slopes used.
• Curve numbers used are questionable. Is the existing and developed land cover the same?
• The existing and developed conditions maps fail to show the pervious time of concentration
route with starting elevations, lengths, slopes and specific ground coverages.
• The Assessors Office lists the site area as 0.49 acres. The report total developed area is listed as
1.01 acres. It does not appear that there is 0.52 acres of offsite area contributing. The existing
conditions show 0.68 acres. Please clarify.
Fire:
10. Prior to building permit issuance, the Fire Department shall approve the site plan to ensure
adequate access is provided.
Planning:
11. A Lighting Plan shall be required prior to site construction. Lighting of off-street parking areas
shall be provided for safety of traffic and pedestrian circulation on the site, as specified in the
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Ordinance No. 1943
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Uniform Building Code. Lighting shall be designed to minimize direct illumination of abutting
properties and adjacent streets. The City Engineer shall have the authority to waive the
requirement to provide lighting.
12. The existing utility easement shall remain, unless a new utility easement and agreement are in
place at the time of issuance of the construction permit.
13. Any relocation of utilities shall be shown on the plans.
14. An access easement extending the access to the west and north property lines and the associated
maintenance agreement is required to be in place prior to the approval of construction plans.
15. Prior to issuance of the building permit the shared access driveway to the adjacent properties
shall be constructed.
16. Prior to the issuance of the Certificate of Occupancy, the existing access shall be closed.
17. A Final Landscape Plan is required to be submitted and approved prior to issuance of a building
permit.
Water/Sewer:
18. Any septic tanks on the property must be pumped out by a certified Kitsap County septic
pumper. The tank must then be properly abandoned (filled with dirt). The pumping receipt and
record of abandonment must be submitted to the Health District.
19. Any wells on the property must be properly abandoned.
20. A Building Clearance for Sewered Properties is required from the Health District prior to
issuance of each building permit. These will each require a binding water availability letter and
sewer availability letter.
21. Appropriate utility easements are required to be in place prior to the approval of construction
plans.
CA-05-00 Consistency
22. All conditions of approval listed for CA-05-00 shall be met.
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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 June 14, 2004.
ORDINANCE NO. 1943
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1748 BY
AMENDING THE CITY OF PORT ORCHARD ZONING MAP TO
CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY
FROM R4.5 TO CO SUBJECT TO THE CONDITIONS OF THE
APPROVED SITE -SPECIFIC PLAN KNOWN AS THE BERG
OFFICE/PATIENT CLINIC.
Copies of Ordinance No. 1943 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. 1943 will be
provided at a nominal charge.
City
of Port Orchard r;
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
June 23, 2004
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