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1908 - Ordinance - Amending Ordinance 1748 by Amending Zoning MapCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ORDINANCE NO. 1908 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 COMMERCIAL SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED AT 2443 BETHEL AVENUE, APPLICATION NO. R-1146. TAX NO. 362401-3-007-2002 LEGAL DESCRIPTION: NW '/< of the SW '/< OF SEC. 36, TOWNSHIP 24 N, RANGE 1 E, W.M. SEE ATTACHED EXHIBIT "A." WHEREAS, Bethel Development Group LLC submitted an application, dated April 18, 2003, requesting approval of a rezone from R4.5 to Commercial to construct a two-story office building on property described in Exhibit "A". The application was assigned city file number R-1146, and WHEREAS, the Planning Commission held a public meeting on May 19 2003; 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 WHEREAS, being fully advised, the Council finds and concludes as follows: FINDINGS AND CONCLUSIONS The City Council adopts the findings and conclusions of the revised planning staff report dated May 5, 2003, as attached hereto as Exhibit "B" as its own. 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 Commercial, subject to the conditions set forth in planning commission Resolution No. 333-03 attached hereto as Exhibit "C". SECTION 2. This rezone is site plan specific to R-1146. (Exhibit "D") 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 July, 2003. ATTEST _4WM Patk(a Parks, City Clerk 7 APPR VED'AS.T©"FORM/> CityLAttorney ESLIE J. WEATHERILL, MAYOR John Clauson, Councilman CITY OF PORT ORCHARD ORDINANCE NO.1908 EXHIBITREZONE R-1146 2443 BETHEL AVENUE ZONED: (CO) COMMERCIAL - OFFICE RETAIL ASSESSOR PARCEL NUMBER: 362401-3-007-2002 LEGAL DESCRIPTION: RESULTANT PARCEL A OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 3065623, BEING DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST MARGIN OF STATE HIGHWAY NO. 14 FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 36 BEARS SOUTH 89*24' WEST 47.35 FEET; THENCE NORTH 89*24' EAST 173 FEET; THENCE SOUTH 2*51'43 WEST 125 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 2*51-43 WEST 129.7 FEET; THENCE SOUTH 89*22' WEST 173 FEET; THENCE NORTH 2*51'43 EAST 129.7 FEET ALONG THE EASTERLY MARGIN OF SAID STATE HIGHWAY NO. 14; THENCE EASTERLY IN A STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. »EXCEPT THE SOUTH 5.0 FEET OF THE ABOVE DESCRIBED PARCEL; TOGETHER WITH AN EASEMENT OVER THE SOUTH 5 FEET OF THE FOLLOWING DESCRIBED TRACT FOR MAINTENANCE OF WATER PIPE: BEGINNING AT A POINT ON THE NORTH BOUNDARY OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY , WASHINGTON, FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 36 BEARS SOUTH 89*24' WEST 220.35 FEET; THENCE NORTH 89*24' EAST 191.0 FEET TO THE WEST BOUNDARY OF MITCHELL ROAD; THENCE SOUTH 8*20' WEST ALONG THE WEST BOUNDARY OF MITCHELL ROAD, 257.16 FEET; THENCE SOUTH 89*22' WEST 166.45 FEET; THENCE NORTH 2*51'43 EAST 254.7 FEET TO THE POINT OF BEGINNING. 029 028 36 o / 004 003 005 4 �. �=" 001-08 3" 005 001-01 NK 009 008 / Ljj 011 070 072 002-00 REVISED CITY OF PORT ORCHARD PLANNING STAFF REPORT 2443 Bethel Avenue — R-1146 EXHIBIT 'B' DATE: May 5, 2003 FILE NO. R-1146 PROPERTY OWNER: Bethel Development Group L.L.C. DESIGNATED Norman Olson II, P.E. CONTACT 2453 Bethel Avenue, PERSON: Port Orchard, WA 98366 (360)876-2284 PROPOSAL: The site is currently zoned R4.5 and developed with a mobile home residential unit. The proposal is to rezone the property to Commercial and construct a two-story office building with 8585 sf of office space and 3400 sf of basement storage. The proposed development is designed on a separate parcel with shared parking and access with the existing office located at 2453 Bethel. A total of 25 parking spaces will be constructed on the site and a shared access and parking agreement with the adjacent existing office facility at 2453 Bethel Avenue is proposed. After completion of the construction of the new office building, the existing office building next door will be expanded by adding a second floor bringing the total size of that building to 5500 sf. LOCATION: The site (Tax ID# 362401-3-007-2002), is located at 2443 Bethel Avenue, approximately /2 mile south of the Round -A -Bout on Bethel Ave. in Section 36, Township 24N, Range IE, Port Orchard, WA. ZONING: The existing zoning is R-4.5; the proposed zoning is Co -Commercial. The surrounding zoning is Commercial to the North; Commercial to the West; County residential to the East; and Commercial to the South. COMP PLAN: The Comprehensive Plan Designation is Commercial I. BACKGROUND: A. Site Description The .48 acre site is developed with a mobile home residential unit. The site is generally flat, grassy, with eight mature trees. B. SEPA A Determination of Non -Significance was issued 30 April, 2003 with the following conditions: The design of the storm water system will be consistent with Department of Ecology standards. A professional Engineer will certify that the existing stormwater pond conforms to existing standards. The western 20 feet of property will be dedicated to the City of Port Orchard for road right of way. C. Site Plan Review/Zone Adjustment Assessment: A rezone provides a change of the zoning for a parcel to allow a new or different land use that conforms with the City's Comprehensive Plan. Section I I(e) of the City's Planning and Development Procedures states that "Unless otherwise stipulated, all zone adjustment actions are site plan specific." This process requires an applicant to submit a Site Plan Application packet at the time of the rezone request in order to address and minimize any identified site -specific issues or impacts associated with the proposed use. The application materials are reviewed under City codes and standards that ensure the health and safety of the people of the City, these standards also promote a vision for their community. The Public Works Deparhnent, Planning, the Police Department and Fire District 7 participate in the administrative portion of the Review. The purpose of the Commercial Zone is described on Page 59 of the Zoning Code, Section 8: a: 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 the Port Orchard and surrounding market areas and offering significant employment opportunities. These purposes are accomplished by: 1. Providing for office uses as well as a wider range of the retail, professional, governmental, and personal services than are found in neighborhood and community business areas. 2. Encouraging planned developments that incorporate aesthetic as well as function concerns. b. This zone is appropriate where designated by the comprehensive plan when such areas are served by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. c. This zone must be provided convenient, visible, and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads. II. FINDINGS 1. A Professional Office is a permitted use within the Commercial zone. 2. A rezone to Commercial is consistent with the Comprehensive Plan designation of Commercial for the site. 3. The site is served by Annapolis Water District for both the fire flow and domestic water. 4. The property will pump its wastewater to the forcemain in Bethel Avenue and it will be treated at the Wastewater Treatment Facility. There is adequate capacity in the sewer system and treatment facility for this project. 5. Resolution 1482 allows the city to request 20 feet of right of way in this neighborhood when a property is rezoned. That additional right of way will help the City to increase the right of way width from 60 to 100 feet to accommodate a 5-lane road in the future. 6. Other properties along the street have been given permission to landscape the deeded 20-feet and to place signs in that area, until the City needs the land. 7. The site has mature trees. In the City of Port Orchard, a "Significant Tree" is any healthy, long-term tree with a DBH (diameter at breast height) of 18 inches or greater with adequate live crown to maintain tree vigor and aesthetics. The Significant Tree Ordinance requires the submission of a "Significant Tree Retention Plan" prior to the issuance of a grading permit or building permit (Chapter C4, Section 17). 8. 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 east. As such, the site should be landscaped to provide "full screen vegetation" that functions as a visual barrier between the parking areas and residential activities 9. The proposed use is classified as general business service, and the parking ratio is Ispace for every 300 sf of office and + 1 for every 1000 sf of storage. The number of spaces required to serve the proposed use is 50 spaces. The number of proposed parking spaces is 47. 10. The minimum parking stall dimension requirements are 8' x 16' for compact stalls and 9' x 20' for standard stalls. Any parking spaces abutting a landscaped area on the driver or passenger side of the vehicle shall provide an additional 18 inches above the minimum space width requirement to provide a place to step other than in the landscaped area. The additional width shall be separated from the adjacent parking space by a parking space division stripe. The parking plan as submitted does not provide the additional 18 inches abutting landscaped areas, and the compact/standard stall ratio has not been approved by the City Engineer. 11. A cross walk is required from the rear area parking to the walkway. This is not shown on the plans. 12. Minimum parking aisle dimensions shall be at least 10 feet wide for one-way aisles, and two-way aisles shall be at least 20 feet wide. 13. Lighting of off-street parking areas shall be provided for safety of traffic and pedestrian circulation on the site, as specified in the Uniform Building Code. Lighting shall be designed to minimize direct illumination of abutting properties and adjacent streets. No Lighting Plan has been submitted. 14. Dumpster locations are not indicated on the plans. 15. Fire department access around the building appears to be adequate as indicated on the plans. 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. Findings: 16. The proposed rezone from residential to commercial supports the construction of an office building that will be required to meet required code provisions that ensure the health safety and welfare of all citizens. The proposal also includes the remodel expansion of the existing office building on the adjacent site, that is currently legal non -conforming in regard to landscaping buffering requirements to protect the adjacent residential properties to the east from incompatible uses. The expansion will trigger current code requirements. • 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: 17. 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. Transportation - - Goals and Policies • Provide access for the disabled o The City shall meet the requirements of the Americans with Disabilities Act. Findings: 18. A van accessible parking space is required by the Washington Administrative Code (WAC) 51-30. The proposal provides a parking stall meeting these specifications. Land Use - - Goals and Policies • Maintain an awareness ofprivate property rights. o The City shall recognize the rights of individuals to use and develop private property in a manner that is consistent with City regulations • 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: 19. A Significant Tree Plan has not been submitted, but will be required prior to building permit or grading permit. 20. The applicant has submitted a landscape plan, however at this date, has not provided for filtered screening of the outside uses upon neighboring residential properties. The plan is an integrated site plan for both properties, and as such, the 5-foot buffer on either side of the common property line is not required. III, CONCLUSIONS Should the Council wish to approve the Rezone Request, the following Conclusions and Conditions may be appropriate 1. The Preliminary Construction Plans meet Preliminary Plan Submittal requirements. 2. The Preliminary Storm Drainage Report meets Preliminary Submittal requirements. 3. The proposal, as conditioned, is found to be in conformance with all the adopted goals and policies of the Comprehensive Plan and applicable minimum requirements of the Zoning Ordinance; 4. 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 Council 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 Planning Commission recommendation shall be in writing and shall include findings of fact and conclusions to support the decision. Fire: 1. Buildings shall be constructed in accordance with the provisions of the Uniform Fire Code (1997 Edition), and the Uniform Building code (1997 Edition), as adopted and enforced by the City of Port Orchard. All construction shall be in accordance with Article 87, Fire Safety During Construction, and Alternation of Demolition of a Building. 2. A minimum of 1,500 gallons of water per minute, measured at a residual pressure of 20 p.s.i., will be required to provide adequate fire flow for a building area of approximately 13,560 square feet, if the construction type consist of Type V-N. The minimum fire flow also includes a 50 percent reduction with the building having a fire sprinkler system installed meeting National Fire Protection Association standard 13. 3. Before construction may begin on any lot, Fire department vehicle access must be provided. 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 (45,000 pounds) and must have a surface that provides all- weather driving capabilities. 4. Plans for the sprinkler system must be approved by the Kitsap County Fire district #7 Prevention and Education Office prior to installation. Separate permits are required for each installation. Submittals for a review must include specifications on all devices to be installed. 5. The minimum acceptable fire extinguisher for other areas of the building is a 5-pound, dry chemical, ABC extinguisher Extinguishers shall be mounted in accessible locations, 3 to 5 feet above the floor and located so that an extinguisher is within 75 feet of travel distance from any point in the buildings. 6. Dumpsters shall not be located within 5 feet of a building opening or within 5 feet of combustible walls or combustible roof eaves. 7. A Rapid Access key box will be required because immediate access is necessary for life-saving and firefighting purposes. The owner will be required to provide keys to gain access to all portions of the building. The Rapid Access Box should be located adjacent to the main entrance unless an alternate location is approved by Fire district 7 Prevention/Education office. An application for Rapid Access box should be picked up at the Prevention/Education office. Engineering 8. Prior to issuance of a building permit, the property owner shall deed the west twenty (20) feet of the property to the City for right of way purposes, subject to attorney input. 9. The property may landscape and maintain that landscaping in the undeveloped right of way until the City needs the property for road or utility purposes. 10. The property may install the premise's sign, in accordance with the Sign Code, in the undeveloped right of way until the City needs the property for road or utility purposes. Planning 11. The applicant shall submit and implement the landscape plan (including a tree retention plan) consistent with city standards, prior to final occupancy. Ordinance No. 1895 provides for Significant Tree Retention in Chapter C4, Section 16a: Removal of any significant trees with a DBH (diameter at breast height) of 36 inches or greater shall require city council approval upon the following standards: i. The proposed use cannot reasonably accommodate the retention of the significant tree; and i i. The significant tree shall be replaced in accordance with Section 23. 12. The parking and circulation plan shall be designed providing fewer than three ingress/egress points and submitted for the approval of the City E ngineer. EXHIBIT V CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO.333-03 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE APPROVAL OF R-1146 TO REZONE PROPERTY LOCATED AT 2443 BETHEL FROM R4.5-RESIDENTIAL TO CO -COMMERCIAL TO ALLOW FOR THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING ALONG WITH AN INTEGRATED SITE DEVELOPMENT PLAN INCLUDING THE ADJOINING PROPERTY AT 2453 BETHEL. THE PROPERTY IS FOUND IN SECTION 26, TOWNSHIP 24N, RANGE 01E, WM, CITY OF PORT ORCHARD, COUNTY OF KITSAP. ASSESSOR'S ACCOUNT NUMBER: 362401-3-007-2002 WHEREAS, the Planning Commission held a Public Meeting for the Rezone on May 19, 2003; and WHEREAS, A Mitigated Determination of Non -Significance was issued on 14 May 2003; and WHEREAS, the proposed purposes of the rezone request is to accommodate the community interest to utilize both parcels as an integrated site plan for the commercial use to allow for the construction of a two story office building at 2443 bethel and the future expansion of the existing office building at 2453 Bethel; 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 in regard to occupancy and as such demonstrates compliance with the Goals and Policies expressed in the City Comprehensive Plan; and, WHEREAS, the Planning Commission heard all testimony in favor of the proposal and none in opposition from the applicants and the community; and therefore CONCLUSION, Based upon the facts, testimony, staff report 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, BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the Council approve a request by the applicant for R-1146 subject to the conditions of approval outlined in the staff report, as amended by the planning commission. PASSED this 19w day of May 2003. ATTEST: Rob Wenman City Planner CITY OF PORT ORCHARD PLANNING COMMISSION JAZ�aj Gil Michael, Chair EXHIBIT 'D' 4? I x y: yy y gg gy tl6. >t W I 1 I I 1 i I &'y 1 I: I I I I I i I I I I I 1 1 I 1 I I 1 1 I 1 I 1 1 I I I 1 I I 1 1 I I 1 1 p e 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 July 14, 2003. ORDINANCE NO. 1908 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 COMMERCIAL SUBJECT TO CONDITIONS, FOR PROPERTY LOCATED AT 2443 BETHEL AVENUE, APPLICATION NO. R-1146. Copies of Ordinance No. 1908 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. 1908 will be provided at a nominal charge. City of Port Orchard «. Q�cc RcuQl� Michelle Merlino Deputy Clerk Publish: Port Orchard Independent July 23, 2003 Kitsanleealsa.soundnublishine com CITY HALL MUNICIPAL COURT POLICE DEPARTMENT 216 Prospect 216 Prospect 546 Bay Street Administration (360) 876-4407 (360) 876-1701 (360) 876-1700 FAX (360) 895-9029 FAX (360) 895-3071 FAX (360) 876-5546 PUBLIC WORKS DEPARTMENT 2 16 Prospect Street (360) 876-4991 FAX (360) 876-4980