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1949 - Ordinance - Amending Ordinance 1748 by Amending Zoning Map200408040004 City of Port Orchard �� O '04;°MC44 } C48,:15A 216 Prospect Street PORT ORCHARD CITY OF ORE r,?.O0 Kit_.aij in, WA Port Orchard, WA 98366 ORDINANCE NO.1949 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 R8, SUBJECT TO CONDITIONS. TAX PARCEL NUMBERS 4041-000-001-0002; 4041-000-002-0001; 40441-000-003-0000; 4041-000-004-0009; 4041-000-005-0008; 4041-000-006- 0007; 4041-000-007-0006; 4041-000-008- 0005. LEGAL DESCRIPTION: THE PROPERTY IS LOCATED AT THE INTERSECTION OF SOUTH FLOWER AVENEUE AND LEORA PARK STREET, OR IN THE NE 1/4, OF THE SW 1/4, AND NW 1/4 OF THE SE 1/4 OF SECTION 02, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY. SEE ATTACHED EXHIBIT "A" WHEREAS, Chuck Childress, applicant, submitted an application, dated August 12, 2003, requesting approval of a rezone from R4.5 to R8 along with a plat amendment, which application was assigned file number R-1149/PA 01-04; and WHEREAS, A Determination of Non -Significance was issued on August 25, 2003; and WHEREAS, the Planning Commission considered the application at a public meeting on April 19, 2004, continued the public meeting to April 28 and May 17, 2004, and recommended approval of the application, subject to conditions; and WHEREAS, the City Council held a public hearing on June 14 and continued the hearing to July 12, 2004; and WHEREAS, the Comprehensive Plan designation for the property is Medium Density Residential and the proposed development is consistent with the goals and policies of the Comprehensive Plan; and Ordinance No. 1949 Page 2 of 9 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 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 that it finds to be relevant, credible and persuasive: 1. The following documents were admitted into the record: A. Staff Report and Planner's Memo, dated June 14, 2003. B. Planning Commission minutes and resolutions. C. Materials presented to the Planning Commission. D. Application materials. E. Construction correspondence. F. SEPA checklist and public notice. G. Proposed amended plat for Leora Park, dated March 10, 2004. H. Written document and photographs submitted by Jerry Arnett. I. Significant tree retention plan. 2. Glynis Casey, assistant city planner, summarized the applicant's proposal and the City's review. 3. Mark Kuhlman testified on behalf of the applicant. He addressed the details of the applicant's proposal. He stated that the applicant did not object to any of the proposed conditions. He also addressed issues relating to the retention of significant trees. 4. Jerry Arnett, citizen, testified against the proposal. He identified damage to city roads from construction trucks and expressed other concerns. 5. Patrick Lucas, citizen, testified against the proposal. He expressed concern regarding the narrow streets and the overall growth in the area. 6. Christine Saunders, citizen, testified against the proposal. She expressed concerns about zoning, construction requirements, buffers, and tree removal. 7. Kathy Liptke, citizen, testified against the proposal. She expressed concern about the damage to roads and the traffic impacts. 200408040004 I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page 2 Ne.1`A % f. _ OR Ordinance No. 1949 Page 3 of 9 8. Rob Wenman, City Planner, testified regarding the applicant's significant tree retention plan. FINDINGS AND CONCLUSIONS The Council adopts the findings and conclusions set forth in the staff report and planning commission resolution number 009-04 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 ORDAIN AS FOLLOWS: SECTION 1. Based upon the 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 classification of the property described in Exhibit "A" from R4.5 to R8, subject to the conditions set forth in Planning Commission Resolution Nos. 009-04 attached hereto as Exhibit "B" SECTION 2. This rezone is site plan specific to the Leora Park Plat, R- 1149/PA01-04. 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 26' day of July, 2004. ATTEST: r Carol L. Etgen, City Clerk ,.... TOFORM: M �-. 4j / KIM E. ABEL, MAYOR John Clauson, Councilman 00408040004 IP�111 �11 �Hl� 111111 II 1111111 a PORT ORCHARD CITY OF LRD 0.004 I'.Its.,p C s 0 1:01113 Ordinance No. 1949 AMENDED PLAT OF LEORA PARK LEGAL DESCRIPTION Ordinance No. 1949 Page 4 of 9 LOTS 1 THROUGH 8, INCLUSIVE, LEORA PARK, AS PER: PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 15, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THE EAST 60.0 FEET OF LOT 4; AND EXCEPT THE EAST 47.78 FEET OF LOT 5. IE�11111��ll�111 11111 III llll� ll II 20je 4 of 04N0004 PORT ORCHARD CITY OF ORO V'?.ON 1,0+ .Afl Co, UR EXHIBIT B CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 009-04 Ordinance No. 1949 Page 5 of 9 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE APPROVAL OF A PLAT AMENDMENT (01-04) ALONG WITH A REZONE REQUEST TO ADJUST THE EXTERIOR BOUNDARY LINE AND INTERIOR LOT LINES OF AN EXISTING EIGHT LOT PLAT TO MEET THE LOT SIZES APPROPRIATE FOR R8 ZONING DENSITIES. THE PROPERTY IS LOCATED AT THE INTERSECTION OF SOUTH FLOWER AVENUE AND LEORA PARK STREET, OR IN THE SOUTHEAST QUARTER OF SECTION 02, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY. ASSESSOR'S ACCOUNT N UMBER: 4041-000-001-0002; 4041-000-002-0001; 40441-000-003-0000; 4041- 000-004-0009; 4041-000-005-0008; 4041-000-006-0007; 4041-000-007-0006; 4041-000-008-0005. WHEREAS, A Mitigated Determination of Non -Significance was issued on 25 August, 2003; and WHEREAS, the proposed purposes of the rezone request is to support a plat amendment request to adjust interior and exterior boundary lines to meet the lot sizes appropriate for R8 zoning to develop five new single-family detached dwelling unit lots; and WHEREAS, the Planning Commission considered the application at a Public Meeting on April 19, 2004 continued to April 28, 2004 and may 17, 2004; and WHEREAS, the application as conditioned is in compliance with preliminary requirements of the City Zoning Ordinance; and WHEREAS, the application as conditioned is in compliance with preliminary requirements of the adopted stormwater manual and Fire Code; and, WHEREAS, the application as submitted is in compliance with the Goals and Policies expressed in the City Comprehensive Plan in regard to Medium Density Residential; and WHEREAS, the Planning Commission heard testimony in favor and in opposition of the proposal from the applicants and the community; and therefore CONCLUSION, Based upon the facts, testimony, staff report as amended and materials presented at the meeting, we therefore conclude the application conforms to the requirements of the Comprehensive Plan and 200408040004 I�'III'll'I IIIIII III'II III IIIIII III'II IIIIII IIII IIII 0;,/Oar'2%4 6P,: 15A PORT ORCHRRD CITY iiP ORD $21.06 Kitsap i,w, UR Ordinance No. 1949 Page 6 of 9 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' sComprehensive Plan, BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the Council approve Plat Amendment SUbdiv 65-1/PA 01-04 subject to the attached findings, conclusions and conditions PASSED this 17th day of May, 2004. ATTEST: Rob Wenman City Planner CITY OF PORT ORCHARD PLANNING COMMISSON Gil Michael, Chair IIIIII IIIII IIIIII IIIIII III IIIIII IIIIII III IIIII IIII IIII 200408040004 PORT ORCHARD CITY OF OR,D $21.00 Kits..,p Cci: 4h Ordinance No. 1949 Page 7 of 9 Findings: 1. The proposed rezone from R4.5-Residential to R8-Residential supports the lot development patterns existing in the area. 2. The proposal is consistent with the character of the development along South Flower Avenue and the surrounding area that have been developing as medium density. 3. The plat was approved in 1965 but the roadway and utilities were never completed. The road and utility improvement plans were approved for construction this year and construction has begun. 4. No roadway or pedestrian improvements along South Flower were required with the road and utilities plan. Sidewalks are required along the interior access road. 5. The project site is currently subject to Code Enforcement action regarding unused, abandoned, inoperable and/or unregistered vehicles on 3 lots in Leora Park (POMC: 9.30.020 (14) — 13 counts). 6. The proposal to adjust interior and exterior boundaries of an existing 8-lot plat reduces the existing lot sizes and therefore requires the rezone to meet the minimum lot size requirements. 7. The proposal is consistent with the character of the development along South Flower Avenue and the surrounding area that have been developing as medium density residential subdivisions. 8. The proposed rezone from R4.5 Residential to R8 Residential is in conformance with the Comprehensive Plan Designation of Medium Density for this site. 9. Streetscaping was not required with the construction plan approval. 10. The nearest neighborhood park is Paul Powers Jr. Park, located at 2035 Sidney Avenue. The nearest commercial area is located at S. Kitsap Blvd and Tremont. Sidewalks have been required along the interior access road. 11. The applicant has provided a Proposed Plat Amendment consistent with RCW 58.17.215. 12. A stormwater control plan and report was submitted prior to the construction plan approval of Leora Park Road. 13. The site is served by City of Port Orchard for both the fire flow and domestic water. 14. 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. 15. Fire department access is adequate, and is under construction. 16. Fire flow is adequate for the proposed plat. 17. The public expressed concerns for pedestrian and vehicular safety due to increased traffic at the Fireweed and S. Flower St. intersection. 18. The public has raised concerns about construction equipment blocking the public right-of- way. 19. The public has raised concerns about the generation of construction dust. Conclusions: 1. The rezone from R4.5 to R8 is consistent with the Comprehensive Plan Designation of Medium Density Residential. 2. The proposed development as conditioned can be consistent with applicable codes for Zoning, Fire and the adopted Stormwater Design Manual. 3. The proposed design does not provide for parks. The City does not have impact fees for parks or recreation and looks to development to help mitigate the recreational needs of the new homes. Previously, the City has had subdivisions provide private playgrounds that are owned and maintained by the homeowners associations. Those playgrounds are often on a single lot and are often too small to be IIIIII IIIII IIIIII IIIIII III IIIIIII IIIIII IIC II II IIII IIII P. 'gP 200408040004 A 4 PORT ORi,HRRC CITY _F Ordinance No. 1949 Page 8 of 9 inviting to the residents. Provisions should be made to accommodate a neighborhood park of meaningful size to meet the needs of the residents, either within the plat, or the applicant should provide an alternative for consideration of the Council. 4. The City's Code Enforcement Officer has begun abatement proceedings for the nuisances on the property. All nuisance conditions should be abated prior to the recording of the plat amendment documents. 5. 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. 6. The occupancy of six additional houses will increase traffic flow at the Fireweed and S. Flower intersection. Conditions of Approval Stormwater Plan: 1. A single family residence on Lot 1 was approved for construction in October of 2003 and shall connect to the storm system prior to occupancy. 2. Not other permits for residential construction will be issued until the road and utilities are completed. Planning: 3. All conditions identified by City Departments and other agencies must be met prior to the recording of the plat amendment. 4. Violations of POMC 9.30.020(14) — 13 counts must be abated prior to recording of the Plat Amendment documents. 5. One street tree measuring 2112 inch caliper shall be planted in the front yard of each lot prior to final inspection of the building permit. Plat Amendment 6. Prior to recording of the Plat Amendment, the following documents shall be submitted to the City for review and approval: A. Perimeter lot closures for final review. B. A Copy of the Declaration of Covenants, Conditions and Restrictions (if any). C. Utility easements shall be created and must appear on plat and in the covenants before recording. Parks 7. The developer shall provide the City $1,200 to upgrade playground equipment in a park determined by the City. A. Roads 8. Offsite road improvements along S. Flower were not required at time of construction plan approval. Prior to recording the plat amendment, the developer shall revise plans to provide for a 5 ft. wide sidewalk along the property frontage and/or address street frontage improvements along S. Flower to the satisfaction of the City Engineer. 9. The Developer should provide the City with $200.00 to pay for the following signs anc posts: • 1 Street Sign • 1 Stop Sign • 1 Dead End Sign Schools 10. To reduce impact to the school system, mitigation fees will be paid at the time of building permit issuance, if the City adopts a general implementing ordinance for school impact jjjjj 11�11 Jj 1111 I 1111 it 111 1 III 1111 �11 2004011049 08 '0004 PORT ORCHARD C:IT'Y OF ORE I $27.00 kit= p Cu, Un Ordinance No. 1949 Page 9 of 9 fees prior to the date that a complete building permit is accepted. The proponent can also mitigate the impact to the school system by negotiating a settlement with the South Kitsap School District. General 11. The applicant shall execute a no protest agreement and agree to pay their fair share towards any future road improvements along S. Flower and a note reflecting these agreements shall be recorded on the face of the plat amendment. 12. The applicant shall provide a sidewalk designed to the satisfaction of the City Engineer along the west side of S. Flower from the existing short plat access road to the intersection S. Flower and Fireweed. 13. The City Engineer shall determine based on an approved traffic study or traffic analysis, the appropriate number and placement of stop signs to be placed prior to the issuance of a building permit. 14. the developer shall pay up to $200.00 to pay for the appropriate number and placement of stop signs to be located at the Fireweed and S. Flower intersection to be placed prior to the issuance of a building permit as required by an approved traffic analysis or as recommended by the City Engineer. 200408040004 Iill lllll llllll llllll 111 illlll 111111111 lid 111111116"/N4/2 04 } 08 15ri PORT ORCHARD CITY OF ORD K�,.00 l,it„p co, WA 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 July 26, 2004. ORDINANCE NO. 1949 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 R8, SUBJECT TO CONDITIONS. (Property know as Leora Park) Copies of Ordinance No. 1949 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. 1949 will be provided at a nominal charge. City of Port Orchard�� Michelle Merlino Deputy Clerk Publish: Port Orchard Independent August 4, 2004 Kitsaule gals (a).soundpublishin¢. com