1905 - Ordinance - Amending Ordinance 1748 by Amending Zoning MapCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
200306060277
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ORDINANCE NO. 1905
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 R8 TO
COMMERCIAL-SP SUBJECT TO CONDITIONS, APPLICATION NO. R-
1144
TAX NO. 4650-003-007-0101
LEGAL DESCRIPTION:
NW '% of the NW '% of the SE Y4, SEC. 26, TOWNSHIP 24 N, RANGE 1 E,
W.M.
SEE ATTACHED EXHIBIT "A."
WHEREAS, Fremont Dock Company, applicant has submitted an application, dated
September 19, 2002, requesting approval of a Rezone from R8 to Commercial in conjunction with a Site
Specific Plan (Exhibit'B") consideration application to allow weddings, receptions, church gatherings, catering;
together with other land uses that are permitted within the Commercial Zone that can be accommodated within
the site and existing structure; and
WHEREAS, the applicant was granted an administrative Temporary Use Permit, issued on
October 14, 2002 for the use of the building for private wedding services; to expire on May 11, 2003; and
WHEREAS, the City's Planning Commission considered the application at a public meeting on
April 21, 2003, and identified unresolved issues at the time of the meeting that included: landscaping, the
range of anticipated uses of the site and building, and parking provisions. The Planning Commission
recommended that the applicant request that the City Council extend the Temporary Use Permit for the site to
allow for a continuation of the Planning Commission discussion, to allow the applicant to present the Planning
Commission more specific information that would address the listed unresolved issues; and
WHEREAS, the Planning Commission also recommended that the meeting to consider
Rezone R-1144 be continued to their May 19, 2003 meeting, and that the City Council approve a Resolution
that would support the continuation of the Temporary Use Permit until 60-days from May 11, 2003; and
WHEREAS, the City Council held a public hearing on the application on May 12, 2003; and
WHEREAS, occupancy of the site is currently limited by the number of parking stalls provided
on -site, as well as specific Building Code Requirements that determine occupant load; and
WHEREAS, the applicant has stated that the future use of the building may include those
uses that may be accommodated within the building and site as authorized by the City's Zoning Ordinance for
Ordinance No. 1905
Page 2 of 8
the Commercial zone; and
WHEREAS, the applicant is attempting to secure agreements with nearby Commercial zoned
properties for the purpose of providing additional parking to support full occupancy use of the building as
authorized by the City's Zoning Ordinance and Building & Fire Codes; and
WHEREAS, the applicant has provided the City Council a landscape plan that provides for
landscaping throughout the site, received by the Engineering Department on May 5, 2003; and
WHEREAS, Part 2, Section 11(e) of the City s Planning and Development procedures states
the "unless otherwise stipulated, all zone adjustment actions are site plan specific"; and
WHEREAS, the Comprehensive Plan designation for the property is Commercial, and the
proposed Rezone from R8 to Commercial and use of the site as provided 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
WHEREAS, being fully advised, the Council finds and concludes as follows:
FINDINGS AND CONCLUSIONS
The City Council adopts the findings and conclusions of the planning staff report dated May 5,
2003, as attached hereto as Exhibit "C", as its own.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Based upon the application, staff reportand public testimony, the Cityof Port
Orchard Zoning Map, adopted by Ordinance No. 1748, is herebyamended by changing the zoning classification
of the property described in Exhibit "A" from R8 to Commercial -SP subject to the following conditions:
General:
(1) All conditions identified by City Departments and other agencies must be met prior to the
approval of the rezone and issuance of a building permit.
Building:
(2) Structural Engineering repairs are to be completed no later than 4/31/03.
(3) The occupant load will be limited to 49 until a second exit is provided.
(4) The temporary use permit (75 w/valet parking) is in error and should be corrected without
delay.
Fire:
(5) The capacity for the mezzanine shall not exceed 13 with only one exit.
(6) The kitchen in the lower level is required to have listed commercial cooking equipment
installed and that equipment produces grease -laden vapors, a kitchen hood extinguishing
system will need to be provided. All plans for fire suppression systems must be co -
approved by the Kitsap County Fire Marshall's Office and Kitsap County Fire District # 7
prior to installation.
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Ordinance No. 1905
Page 3 of 12
Engineering
(7) A parking plan consistent with city development standards must be submitted and
approved by the City Engineer.
Planning
(8) The applicant shall implement the landscape plan consistent with city standards, prior to
final occupancy.
SECTION 2. This rezone is site plan specific to the site plan of Application No. R-1144.
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 Orch , APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 27'h day o ay 2003.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
i
Patricia Parks, City Clerk
�.Mcm.
s
Sponsored by:
Don Morrison, Councilman
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ATTACHMENT 'A'
SIDNEY, S. M. STEVENS'
PARCEL A: THAT PORTION OF LOTS 7 AND 8, BLOCK 3, STEVENS TOWN
PLAT OF SIDNEY, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS,
PAGE 1, RECORDS OF KITSAP COUNTY, WASHINGTON AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 3; THENCE
NORTH 75 FEET; THENCE WEST TO THE ALLEY WHICH RUNS THROUGH
BLOCK 3; THENCE ALONG SAID ALLEY IN A SOUTHWESTERLY
DIRECTION TO THE SOUTH LINE OF SAID BLOCK 3; THENCE EAST TO
THE POINT OF BEGINNING; EXCEPT THE EAST 58 FEET OF THE SOUTH
75 FEET OF SAID LOT 7. >>>PARCEL B: THE EAST 58 FEET OF THE
SOUTH 75 FEET OF LOT 7, BLOCK 3, S.M. STEVENS TOWN PLAT OF
SIDNEY, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 1,
RECORDS OF KITSP COUNTY, WASHINGTON.
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PORT ORCHRRO CITY OF ORO 0.N Kit5ap Co, WA
m
Ordinance No. 1905
Exhibit "R"
lill ill oil 1111111311 1�1 FORT ORCHRRO CITY OF ORD
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Ordinance No. 1905
Exhibit "C"
II. FINDINGS
1. The Comprehensive Plan designation for the property is "Commercial", and the proposed
rezone from "R8-Residential" to "CG-Commercial" is in conformance with the
comprehensive plan designation for this site.
2. The proposed rezone includes the renovation of an existing historic church, that many
community members may consider an aesthetically pleasing building. The applicant has
stated that the initial use of the site/structure would be for private church weddings,
church/religious services, and a catering business. The applicant is also interested in
retaining the right to accommodate the full range of uses authorized under the CG
Commercial Zone that can be accommodated on the site and in the building. Also, the
applicant intends to provide for a small caretaker's residence in a portion of the structure.
Outside use of the site is anticipated possibly on the north side of the building where an
existing patio is found, or on the west side with construction of a deck A major revision
to the approved site plan would necessitate a review hearing by the City Council.
3. The application was presented to the City Planning Commission at a Public Meeting on
April 21, 2003. A number of issues were unresolved at the time of the meeting that
included: landscaping, range of anticipated uses of the site and building, and parking. The
Planning Commission recommended that the applicant request that the city Council extend
the Temporary Use Permit for the site to allow for a continuation of the discussion to
allow the applicant to come back with more specific information. The PC recommended
that the meeting be continued to the May 19'h meeting, recommending that the council
approve a resolution that would support the continuation of the TUP until 60 days from
May 11`s.
4. The applicant has subsequently provided for a landscape plan.
5. The applicant has stated that future use of the building may include those uses that may be
accommodated within the building and within the site as provided in the range of uses as
listed on page 116-a of the City's Zoning Ordinance for the Commercial General Zone
6. Section 11(e) of the City's Planning and Development Procedures states that "Unless
otherwise stipulated, all zone adjustment actions are site plan specific."
7. Parking/circulation provisions are in place to accommodate the intended use and to
promote pedestrian safety.
8. Occupancy of the site is currently limited by the number of on -site parking stalls that can
be accommodated on site. The applicant is attempting to provide for off site shared
parking agreements that would support a higher occupancy load calculated for use of the
building as allowed by the Building and Fire codes. Ultimate occupancy allowed by the
Building and Fire Code is approximately 97, with provisions for a second entry, to be
determined by specific use of the building, at time of Building Permit review.
9. 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):
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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.
Findings:
An intent of the landscape provisions is to provide a buffer between incompatible uses.
The Landscape provisions for this site require a 10-foot full screen buffer between the
residential and commercial land uses. Cline Avenue is considered a "residential street
corridor" and is the public right of way. As such, the site should be landscaped to provide
"filtered screen vegetation" that functions as a visual separator between the street, parking
areas, and residential activities. A landscape plan consistent with code requirements had
not been submitted at time of the Planning commission Meeting. Subsequently, the
applicant has submitted a plan that appears to meet the requirements of the City's
Landscape Code.
• Achieve an environmental and economic balance.
o The City shall provide a balanced mixture and distribution of land uses. The City
shall promote and encourage attractive residential neighborhoods and commercial
areas, aesthetically pleasing buildings, and well -designed pedestrian amenities.
Findings:
The proposed rezone from R8 Residential to CG 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.
Transportation - - Goals and Policies
• Provide access for the disabled.
o The City shall meet the requirements of the Americans with Disabilities Act.
Findings:
A van accessible parking space is required by the Washington Administrative Code (WAC)
51-30. The proposal does not provide a parking stall meeting these specifications, but
appears that one can be accommodated within the site plan.
Land Use - - Goals and Policies
• Maintain an awareness of private property rights.
c The City shall recognize the rights of individuals to use and develop private
property in a manner that is consistent with City regulations
Findings:
The intended use of the building is ultimately dependent upon the applicant's ability to
meet the requirements of the City's Building Code, and Fire Code. Occupancy will first
be limited by the ability of the site to accommodate the intended use with provisions for
parking. The City's parking regulations allow for the establishment of agreements for
shared parking, or off site parking provisions. The applicant is working to provide for
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these agreements with nearby commercial establishments that will support a higher
occupancy of the building than can be accommodated with the current limited on site
parking
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:
The applicant has submitted a landscape plan that will provide for filtered screening of the
outside uses upon neighboring residential properties. .
III. CONCLUSIONS
Should the Council wish to approve the Rezone Request, the following Conclusions and Conditions
may be appropriate:
1. The proposal, as submitted is found to be in conformance with the adopted goals
and policies of the Comprehensive Plan;
2. The proposal, as submitted meets the applicable minimum requirements of the
Zoning Code, and Stormwater Ordinance.
3. The proposed 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 Zoning
Ordinance, Comprehensive Plan, and Growth Management Act.
IV. RECOMMENDED CONDITIONS OF APPROVAL
a) Based on the results of the public meeting, the Planning Commission may:
a) Agree with all provisions of the application;
b) Agree with portions of the application. The City Council may include such
conditions on the approval as the Council deems necessary under the code, SEPA
and other applicable law;
c) Disagree with the application as submitted by the applicant due to major unresolved
issues or problems complying with environmental impacts, comprehensive plan
policies, infrastructure capacity availabilities, existing level -of -service (ELOS)
consistencies, capital improvement project (CIP) concurrencies, or other policy
particulars. If the decisions to deny the application, the City Council shall clearly
indicate what, if any, changes or additional material may be necessary to obtain a
decision of approval
d) The City Council decision shall be in writing and shall include findings of fact and
conclusions to support the decision.
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If the City Council, after considering the facts of the proposal and hearing all pertinent
information, resolve to approve the land use reclassification, the following conditions of approval
are suggested:
General:
a) All conditions identified by City Departments and other agencies must be met prior to
the approval of the rezone and issuance of a building permit.
Building:
b) Structural Engineering repairs are to be completed no later than 4/31/03.
c) The occupant load will be limited to 49 until a second exit is provided.
d) The temporary use permit (75 w/valet parking) is in error and should be corrected
without delay.
Fire:
e) The capacity for the mezzanine shall not exceed 13 with only one exit.
f) The kitchen in the lower level is required to have listed commercial cooking equipment
installed and that equipment produces grease -laden vapors, a kitchen hood
extinguishing system will need to be provided. All plans for fire suppression systems
must be co -approved by the Kitsap County Fire Marshall's Office and Kitsap County
Fire District # 7 prior to installation.
Engineering
7. A parking plan consistent with city development standards must be submitted and
approved by the City Engineer.
Planning
8. The applicant shall implement the landscape plan consistent with city
standards, prior to fmal occupancy.
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PORT ORCHARD CITY OF
city
of Port
Orchard
PORT ORCHARD,
WASHINGTON 98366
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 May 27, 2003.
ORDINANCE NO. 1905
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 R8 TO COMMERCIALSP SUBJECT TO CONDITIONS,
APPLICATION NO. R-1144.
Copies of Ordinance No. 1905 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. 1905 will be
provided at a nominal charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
June 4, 2003
Kitsaaleealsna,soundpublishin .c>Lom
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