1594 - Ordinance - Amending Ordinance 1469 700 Block of Olney AveFAD
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 November 8, 1993.
ORDINANCE NO. 1594
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1469; BY
AMENDING THE AREA AND USE MAPS THEREOF, RECLASSIFYING
CERTAIN PROPERTY, OLYMPIC TERRACE APARTMENTS (Wiley/Wolf
Partnership, owner; Primark Corporation, Applicant) LOCATED IN THE
700 BLOCK OF OLNEY AVENUE, NORTH OF K-MART PLAZA AND
SOUTH SOUND CINEMA
Copies of Ordinance No. 1594 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. 1594 will be provided at a nominal charge.
City of Port Orchard
Michelle Hager O
Deputy Clerk
Publish: Port Orchard Independent
November 17, 1993
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ORDINANCE NO. 1594
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON AMENDING PORT ORCHARD ZONING
ORDINANCE NO. 1469; BY AMENDING THE AREA AND USE
MAPS THEREOF, RECLASSIFYING CERTAIN PROPERTY,
OLYMPIC TERRACE APARTMENTS (Wiley/Wolf Partnership, owner;
Primark Corporation, Applicant) LOCATED IN THE 700 BLOCK OF
OLNEY AVENUE, NORTH OF K-MART PLAZA AND SOUTH
SOUND CINEMA.
WHEREAS, Wiley/Wolf Partnership, owner; Primark Corporation, Applicant, has
petitioned a zoning ordinance amendment, requesting reclassification of property located in
700 Block of Olney Avenue, north of K-Mart Plaza and South Sound Cinema, and
WHEREAS, The City of Port Orchard Planning Commission has transmitted to
the Council of the City of Port Orchard, Washington a copy of their Resolution No. 202-93 -
ATTACHMENT "A" recommending approval of said petition, and
WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing
on October 25, 1993 to hear testimony of fact and conclusion as follows:
FINDINGS OF FACT: The use requested is compatible with other uses in area.
The proposed use is a permitted use within Multiple Family 20.
CONCLUSION: Based on testimony, materials presented and findings of fact,
the Port Orchard City Council does hereby conclude that granting this zone
reclassification would not be detrimental to the health, safety, morals and
general welfare of the community.
NOW, THEREFORE, be it ordained that the Council of the City of Port Orchard,
Washington does hereby adopt as their own Planning Commission Resolution No. 202-93 with
Findings of Facts and Conditions, and does hereby reclassify certain property located in the
700 block of Olney Avenue, north of K-Mart Plaza and South Sound Cinema from Commercial
General to Multiple Family 20 for a site development of 207 multiple family residential dwelling
units on the 10.99 acre site to be named Olympic Terrace Apartments, with the following
conditions:
Stormwater treatment shall be consistent with the Stormwater Management Manual for
the Puget Sound Basin, which is in effect at the time of project design. The stormwater
system shall be designed by a licensed engineer. The following design criteria shall be
used:
A. Release rates shall comply with the minimum requirement #5, 1-2.9
e 4d m 3 n "f, 3. 3 X. 3
Ordinance No. 1594
Page 2 of 5
B. Water quality shall comply with the minimum requirement #4, 1-2.8
C. The pre-existing condition of the site should be considered forested.
D. Biofiltration swales and open conveyances should be incorporated where
feasible.
E. The design shall include a multi cell pond for water quality, if necessary.
2. The stormwater control system shall be designed and constructed to meet the impacts
of the entire Olympic Terrace Apartments. If the project uses the existing detention
pond, the impact of the upstream commercial area may be calculated with the original
design calculations for which that pond was sized.
3. The construction of the stormwater system shall not be phased.
4. The stormwater plan shall provide for stormwater culverts in Olney Avenue up to
Orlando Street and shall be installed by the developer.
5. The project shall provide the City a maintenance schedule for the stormwater system
and maintain it in accordance with that schedule.
6. Those areas cleared of vegetation, but not constructed upon by 1 October of each
year, will be hydroseeded to reduce erosion during the winter.
7. Prior to any excavation or clearing in the right of way, the City will receive fair
compensation for all timber in the right of way.
8. Orlando Street would remain a City street and will be developed, by the Developer, to
provide two 12 foot travel lanes and a five foot wide concrete sidewalk with concrete
curb and gutter on the south side of Orlando Street.
9. The developer shall construct a five foot wide concrete sidewalk on the east side of
Olney Avenue from Orlando Street to the existing sidewalk.
10. The developer shall provide for a Puget Power light standard at the corner of Orlando
Street and Olney Avenue and mid way along Orlando Street.
11. The developer shall provide a 2 inch asphalt overlay on Olney Avenue from the north
side of Orlando Street to the south property line of the project. The paving will extend
to the edge of the sidewalk.
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Ordinance No. 1594
Page 3 of 5
12. The landscaping of the project will be consistent with the approved site plan. The
"large street tree" and "deciduous shade tree" shall be a minimum of 2 inches in
caliper.
13. The landscaping in the Orlando Street right of way shall be maintained by the property
owner of the Olympic Terrace Apartments.
14. Any landscaping found dead or diseased within one year of planting will be replaced
by the property owner of the Olympic Terrace Apartments within 30 days of notification
by the City.
15. The entry sign shall be a monument sign, less than 4 feet in height, and shall not be
placed in the right of way without expressed permission from the City.
16. The sports court shall be a paved surface and shall contain a minimum of a basketball
hoop, removable pickleball net and appropriate court markings.
17. The play areas shall be site plan specific as per the presented drawing and shall
include five or more of the following:
A. One tire swing or two belt swings
B. 8' slide
C. Raised play platform
D. Climbing net or ladder
E. Hand over hand bars
F. Fireman's pole
z, a
G. Catwalk
H. Turning bar
I. Gym rings and trapeze bar
J. Other items may be substituted if approved in
writing by the City Building Department.
18. The recreational building shall provide those facilities as listed in the environmental
checklist. The building shall be constructed in Phase One of the development.
19. The property will be served by the Kitsap County Sewer District #5 and the Annapolis
Water District. The project will meet those construction standards.
20. All utilities, to include those on Orlando Street, will be underground.
21. Fire hydrants will be placed as required by the Port Orchard Fire Department
22. No building or excavation permit shall be issued prior to the approval of the final site
plan by the Fire Department.
23. The Developer shall work with the South Kitsap School District to design a safe
assembly area for the school children.
Ordinance No. 1594
Page 4 of 5
24. The Developer shall provide a safe pedestrian access from the apartments toward the
adjacent shopping area along the southwestern border of the apartment complex
leading to Olney Avenue and encourage the developer to negotiate with the theater a
pedestrian access to the theater sidewalk system.
LEGAL DESCRIPTION: ATTACHMENT "B"
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 8th day of November, 1993.
ATTEST:
1 [/
( atricia Parks, City Clerk
APPROVED AS TO FORM:
City Attorney
OHN CLAUSON, MAYOR PRO-TEM
Sponsored by:
/Councilman Clauson
Ordinance No. 1594
Page 5of5
LEGAL DESCRIPTION
ATTACHMENT "B"
The southwest quarter of the southwest quarter, Section 30, Township 24 North, Range 2
East, W.M., City of Port Orchard, County of Kitsap, State of Washington, except the following:
EXCEPT the north 30 feet;
EXCEPT County Road No. 328;
EXCEPTS. R. No. 160;
ALSO EXCEPT the following described tract:
That portion of the southwest quarter of the southwest quarter of Section 30, Township 24
North, Range 2 East, W.M., described as follows:
Commencing at the southwest corner of said Section 30; thence south 88040'39" east, 20 feet
to point of intersection of the north margin of S.R. 160 and the east margin of Olney Avenue
and the true point of beginning; thence continuing along the north margin of S. R. 160, south
88040'39" east, 67.35 feet; thence south 01019'21" west, 20 feet; thence south 88°40'39" east,
600 feet; thence north 01019'21" east, 30 feet; thence south 88040'39" east, 30 feet; thence
leaving said north margin of S. R. 160 north 01019'21" east, 910 feet; thence north 88040'39"
west, 700.85 feet to point on the east margin of Olney Avenue; thence southerly along said
east margin of road on an 820 foot radius curve to the right the center of which bears south
83034'59" west, having a central angle of 8001'19" along an arc distance of 114.81 feet to
point of tangency; thence continuing along said east margin of road south 01036'17" west,
805.54 feet to the true point of beginning;
EXCEPT the south 515 feet of the east half of the southwest quarter of the southwest quarter
of said Section lying North of S. R. 160.
Ordinance No. 1594
Attachment "A"
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 202-93
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING
COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A LAND
USE RECLASSIFICATION FROM COMMERCIAL GENERAL TO MULTIPLE
FAMILY 20, FOR THE OLYMPIC TERRACE APARTMENTS PROJECT, AS
SUBMITTED BY THE PRIMARK CORPORATION, REPRESENTED BY
WILLIAM PALMER, WPA PLANNING, DESIGN & DEVELOPMENT, PO
BOX 6, PORT ORCHARD, WA 98366
LEGAL DESCRIPTION: The southwest quarter of the southwest quarter,
Section 30, Township 24 North, Range 2 East, W.M., City of Port
Orchard, County of Kitsap, State of Washington, except the
following:
EXCEPT the north 30 feet;
EXCEPT County Road No. 328; �� rj
EXCEPT S. R. No. 160;
ALSO EXCEPT the following described tract:
That portion of the southwest quarter of the southwest quarter of
Section 30, Township 24 North, Range 2 East, W.M., described as
follows:
Commencing at the southwest corner of said Section 30; thence south
88040/39/1 east, 20 feet to point of intersection of the north
margin of S.R. 160 and the east margin of Olney Avenue and the true
point of beginning; thence continuing along the north margin of S.
R. 160, south 88040/39/1 east, 67.35 feet; thence south 01019/21/1
west, 20 feet; thence south 88040/39/1 east, 600 feet; thence north
01019121" east, 30 feet; thence south 88040/39/1 east, 30 feet;
thence leaving said north margin of S.R. 160 north 01019121" east,
910 feet; thence north 88040139" west, 700.85 feet to point on the
east margin of Olney Avenue; thence southerly along said east
margin of road on an 820 foot radius curve to the right the center
of which bears south 83034159" west, having a central angle of
8001119" along an arc distance of 114.81 feet to point of tangency;
thence continuing along said east margin of road south 01036117"
west, 805.54 feet to the true point of beginning;
EXCEPT the south 515 feet of the east half of the southwest quarter
of the southwest quarter of said Section lying North of S. R. 160.
WHEREAS, the applicant has requested a Land Use Reclassification to
Multiple Family 20 to construct a 207 unit apartment complex; and
WHEREAS, the City of Port Orchard responsible SEPA Official did
issue a Mitigated Determination of Non -Significance for the Olympic
Ordinance No. 1S94
Attachment "A"
Terrace Apartments Project for an Environmental Checklist which was
submitted by the Primark Corporation, Applicant; and
WHEREAS, the City did receive an appeal to the Mitigated
Determination of Non -Significance by the South Kitsap School
District; and
WHEREAS, the City of Port Orchard SEPA Appeal Board denied the
appeal after holding a Public Hearing on 23 July, 1993 after
considering the facts, testimony, and materials presented; and
WHEREAS, a Public Hearing was held on Wednesday, 8 September, 1993,
for the proposed Reclassification and the Planning Commission
considered the facts, testimony, and materials presented at the
Hearing.
WE THEREFORE FIND:
That as conditioned the proposed Land Use Reclassification would
not make excessive demands on the provision of public services,
including stormwater management, water supply, sewer capacity,
energy supply, communication facilities, police protection, fire
protection, and schools; and
That as conditioned the proposed Land Use Reclassification would
not be injurious to public health, safety or welfare; and
That the proposed Olympic Terrace Apartments as shown on the
specified site plan would be compatible with surrounding land uses
and would not conflict with the purpose established for the zone
within which it would be located.
CONCLUSION: Based on the findings, testimony, and materials
presented at the Public Hearing , we therefore
conclude that a Land Use Reclassification from
Commercial General to Multiple Family 20 is in
harmony with the general purposes and intent of the
Zoning Ordinance and surrounding Comprehensive Plan
designations.
BE IT RESOLVED that the Planning Commission of the City of Port
Orchard hereby respectfully requests the City Council approve the
Land Use Reclassification to Multiple Family 20 for the above
described property with the following conditions:
1. Stormwater treatment shall be consistent with the
Stormwater Management Manual for the Puget Sound Basin,
which is in effect at the time of project design. The
Stormwater system shall be designed by a licensed
engineer. The following design criteria shall be used:
A. Release rates shall comply with the minimum
requirement #5, I-2.9
Ordinance No. 1594
Attachment "A"
B. Water quality shall comply with the minimum
requirement #4, I-2.8
C. The pre-existing condition of the site should
be considered forested.
D. Biofiltration swales and open conveyances
should be incorporated where feasible.
E. The design shall include a multi cell pond
for water quality, if necessary.
2. The stormwater control system shall be designed and
constructed to meet the impacts of the entire Olympic
Terrace Apartments. If the project uses the existing
detention pond, the impact of the upstream commercial
area may be calculated with the original design
calculations for which that pond was sized.
3. The construction of the stormwater system shall not be
phased.
4. The stormwater plan shall provide for stormwater
culverts in Olney Avenue up to Orlando Street and shall
be installed by the developer.
5. The project shall provide the City a maintenance
schedule for the stormwater system and maintain it in
accordance with that schedule.
6. Those areas cleared of vegetation, but not constructed
upon by 1 October of each year, will be hydroseeded to
reduce erosion during the winter.
7. Prior to any excavation or clearing in the right of
way, the City will receive fair compensation for all
timber in the right of way.
8. Orlando Street would remain a City street and will be
developed, by the Developer, to provide two 12 foot
travel lanes and a five foot wide concrete sidewalk
with concrete curb and gutter on the south side of
Orlando Street.
9. The developer shall construct a five foot wide concrete
sidewalk on the east side of Olney Avenue from Orlando
Street to the existing sidewalk.
10. The developer shall provide for a Puget Power light
standard at the corner of Orlando Street and Olney
Avenue and mid way along Orlando Street.
11. The developer shall provide a 2 inch asphalt overlay on
Olney Avenue from the north side of Orlando Street to
Ordinance No. 1594
Attachment "A"
the south property line of the project. The paving will
extend to the edge of the sidewalk.
12. The landscaping of the project will be consistent with
the approved site plan. The "large street tree" and
"deciduous shade tree" shall be a minimum of 2 inches
in caliper.
13. The landscaping in the Orlando Street right of way
shall be maintained by the property owner of the
Olympic Terrace Apartments.
14. Any landscaping found dead or diseased within one year
of planting will be replaced by the property owner of
the Olympic Terrace Apartments within 30 days of
notification by the City.
15. The entry sign shall be a monument sign, less than 4
feet in height, and shall not be placed in the right of
way without expressed permission from the City.
16. The sports court shall be a paved surface and shall
contain a minimum of a basketball hoop, removable
pickleball net and appropriate court markings.
17. The play areas shall be site plan specific as per the
presented drawing and shall include five or more of the
following:
A. One tire swing or two belt swings
B, 8' slide
C. Raised play platform
D. Climbing net or ladder
E. Hand over hand bars
F. Fireman's pole
G. Catwalk
H. Turning bar a ___`_= "' �_ = V! _
I. Gym rings and trapeze bar
J. Other items may be substituted if approved in
writing by the City Building Department.
18. The recreational building shall provide those
facilities as listed in the environmental checklist.
The building shall be constructed in Phase One of the
development.
19. The property will be served by the Kitsap County Sewer
District #5 and the Annapolis Water District. The
project will meet those construction standards.
20. All utilities, to include those on Orlando Street, will
be underground.
21. Fire hydrants will be placed as required by the Port
Ordinance No. 1S94
Attachment "A"
Orchard Fire Department.
22. No building or excavation permit shall be issued prior
to the approval of the final site plan by the Fire
Department.
23. The Developer shall work with the South Kitsap School
District to design a safe assembly area for the school
children.
24. The Developer shall provide a safe pedestrian access
from the apartments to the adjacent shopping area.
PASSED this 8th day of September 1993.
0. John Hokanson, Chairman
Donna M. Brown, Planner