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011-08 - Ordinance - Amending Zoning MapCity of Port orchard PORT ORCHARD CITY OF 200804040130 216 Prospect Street Ordinance4/04;200 R11 Fee $ 48.00 Page: 1 of 7 ©4104E2m08 11:44 AM Port Orchard, WA 98366 Karen Flynn, Kitsap Cc Auditor I 1111111III 11111,1111111111 IIII 1111111111111111111111111111111111 IIIII hill 11111111111111 ORDINANCE NO. 011-08 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE CITY OF PORT ORCHARD ZONING MAP TO CHANGE THE ZONING DESIGNATION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY OF PORT ORCHARD FROM RESIDENTIAL 8 (R8) TO RESIDENTIAL, 20 (R20), SUBJECT TO THE CONDITIONS OF THE SITE -SPECIFIC PLAN KNOWN AS THE JOHN GRICE "JAG' REZONE. TAX PARCEL NO. 4062-007-018-0002 LEGAL DESCRIPTION: NW 1/4 of SW 1/4 Sec. 25, T24N, RiE, W.M. FULL LEGAL: LOTS 18 AND 19, BLOCK. 7, WHEELER'S ADDITION TO SIDNEY, ACCORDING TO PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 61, RECORDS OF KITSAP COUNTY, WASHINGTON. WHEREAS, an application was received on November 9, 2007 from John A. Grice (Rezone Application R-1170) requesting approval of a rezone to change the existing zoning on a 0.19 acre parcel with a current zoning designation of Residential 8 (R8) to Residential 20 (R20); legally described above; and WHEREAS, a Determination of Non -Significance was issued on February 6, 2008; and WHEREAS, the Planning Commission considered the application at a public meeting on February 19, 2008 and unanimously recommended approval of the site -specific rezone to the City Council, subject to certain conditions, as set forth in Exhibit A; and WHEREAS, the City Council held a public hearing on March 11, 2008 and heard testimony on the proposal from the applicant's agent and the public; and Ordinance No: 011-08 Page 2 of 3 WHEREAS, the Comprehensive Plan designation for the property is high -density residential, which allows the proposed development, 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 both consistent with and in harmony with the general purposes of the Land Use Regulatory Code, 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: The following documents were admitted into the record: A. Staff report dated March 11, 2008. B. Planning Commission Staff Report dated February 19, 2008, with attachments. C. Letter from Dan DeBernardi, dated February 19, 2008. D. Planning Commission Resolution No. 002-08. 2. Nels Rosendahl, applicant's agent, testified on behalf of the project. FINDINGS AND CONCLUSIONS The Council adopts the findings and conclusions as set forth in the staff report and Planning Commission Resolution No. 002-08, (Attached Exhibit A) as its own, and the same are incorporated by reference; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Based upon the exhibits, public testimony, recommendations of city staff and the planning commission, and the findings and conclusions contained herein, the City of Port Orchard Zoning Map, is hereby amended by changing the zoning designation for the property described in, to -wit: Parcel Number 4062-007-018-0002 from Residential 8 (R8) to Residential 20, subject to conditions set forth in Planning Commission Resolution No. 002-08, attached hereto as :exhibit "A." The conditions of approval set forth herein shall control over any inconsistent provision set forth in Exhibit "A." SECTION 2. This rezone is site plan specific to the Grice multi -family rezone, R-1170. 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. PORT ORCHARD CITY OF 200804040130 Ordinance Rec Fee: $ 48,116 04104/2008 11:44 AM Pare: 2 of Karen Flynn: Kitsap Co Auditor 11111111 I11 13111111 IIV IN IIIIII1 IIIIII IN It 111 111111111111 III I III IIIII Illil If IN Ordinance No: 011-08 Page 3of3 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, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 25th day of March, 2008. ATTEST: Michelle Merlino, City Clerk APPROVED AS TO FORM; if ity Attorne Sponsored by: Fred 61in, Councilman PORT ORCHARD CITY OF 200804040130 Ordinance Reo Fee: $ 48.00 Page. 8 of @4104/2008 11:44 AM Karen Flynn, Kitsap Co Auditor 11111111111ll11111111llllll � 1llllll11llllllll'Il11Il11Il1ll1111111illU11lll11llll411111 Ordinance No. 011-08 Wage 4 of 7 RESOLUTION NO. 002-08 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, PLANNING COMMISSION RECOMMENDING APPROVAL WITH CONDITIONS THE REZONE APPLICATION FOR PROPERTY LOCATED AT 424 MITCHELL AVENUE, ACROSS FROM SOUTH KITSAP HIGH SCHOOL; Parcel number 4062-007-018-0002 WHEREAS, the applicant filed an appiication with the City (R-1170) on November 9, 2007 for a site specific rezone of one 0.19 acre parcel from R8 to R20 for the purpose of constructing a four -unit rental building; and WHEREAS, on February 19, 2008 the Planning Commission held a public meeting on and heard testimony from the applicant's agent and the public; and follows: WHEREAS, being fully advised, the Planning Commission finds and concludes as TESTMONY AND EXHIBITS The Planning Commission bases its Findings and Conclusions upon 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 dated February 19, 2008, with attachments. B. Letter from Dan DeBernardi, dated,February 19, 2008. 2. Neis Rosenclahl, applicant's agent, testified on behalf of the project. 3. Jason Berthiaume, neighboring property owner, inquired about zoning in the neighborhood. 4. Howard Clark, neighboring property owner, indicated concerns about the drainage and a specific catch basin on Dwight Street. 5, Dan DeBernardi, neighboring property owner, expressed concern with the location of the property line, and submitted a letter for the record. FINDINGS General: 1. The application for rezone (R1170) was received November 9, 2007. 2, The Determination of Nonsignificance was issued on February 6, 2008. 3. Water and sewer are provided by the City of Port Orchard, and City water and sewer service is available to this parcel. PORT ORCHARD CITY OF 200804040130 Ordinance Rec Fee: $ 48.Oa Page: 4 of 7 04/s4i2008 11:44 AM Karen Flynn= Kit5aP Co Auditor 11111111111111111111I11111111111111111mill 111111111111111111111111111111111111111111111if Ordinance No. 011-08 Page 5 of 7 4. There appear to be a few significant trees on the site. Site Conditions; 5. The parcel slopes gently downhill from southeast to northwest with an elevation difference of approximateiy 10 feet. 6. The parcel is bordered on three sides by public rights -of -way; Dwight Street to the south, Mitchell Avenue to the east, and an unnamed 15-foot alley to the north. Roads: 7. The project will be accessed off of Dwight Street via a private driveway. 8. There is a sidewalk running the length of the property along Mitchell Avenue that will be maintained. Fire: 9. Fire flow will be required for the building as proposed. Plans provided limited information as to height, size and square -footage of the building; therefore determination of fire flow was done for a two-story building and footprint of approximately 4,000 square feet. For a building of 8,000 total square feet, a fire flow volume of 1,500 GPVl at a residual pressure of 20 p.s.i. shall be provided. This volume includes a 50% reduction in required fire flow volume due to the requirement of an automatic fire sprinkler system shall be required for this project. Said volume above may be provided by no less than 2 hydrants, and to allow for consideration of existing off -site hydrants, please indicate such hydrants on the next submittal, Evaluation and consideration of the existing hydrants could eliminate the requirements for additional on - site hydrants. If the available fire flow is not adequate for the project as detailed, alternatives may be reduction in building size, or increased type of construction. Land Use/Zoning: .10. The application was submitted November 9, 2007, and is vested under the Zoning Ordinance 1748. 11. The property is 0.1.9 acres in size: If the property was zoned R20, as requested, 3.8 dwelling units would be allowed. Chapter C1, Section 6b of the Zoning Ordinance states that fractions should be rounded, bringing the allowable dwelling units of the parcel up to four. CONCLUSIONS 1. The proposed rezone is consistent with the Zoning Ordinance. 2. The proposed rezone is consistent with the Comprehensive Plan. Zoning 1. All conditions identified by City Departments and other agencies must be met prior to the approval of final construction plans. FORT ORCHARD CITY OF 200804040130 Ordinance Rec Fee: $ 48.00 04/04/2008 11:44 AM Page, 5 of Karen Flynn: Kitsap Cc Auditor IIIIIII 11111111111 I11111IN IIIIIII 111111 IIII lilt 11111111 IIIIIII III l l 111111 IIIII IT 111 Ordinance No. 011-08 Page 6 of 7 2. Prior to Certificate of Occupancy, the landscaping must be bonded according to the provisions of Chapter C4, Section 22. The bond is subject to approval by the City Development Director and/or the City Attorney, 3. A separate sign permit is required for any signage proposals. 4. A significant tree survey and replacement plan shall be submitted prior to site development. Fire Prevention Code 5. An automatic fire sprinkler system, and an automatic fire sprinkler monitoring system will be required for this project, due to the project exceeds 5,000 square feet, and the fire area is located on a floor level other than the level of exit discharge. Separate fire sprinkler systems and monitoring may be required depending on the occupancy classification by the Building Department. Additional and separate submittals and permits will be required for this project. Plans for the sprinkler system must be approved by South Kitsap Fire & Rescue Prevention/ Education Office prior to installation. Submittals for review must include specifications on all devices to be installed. 6. The unobstructed width of a fire apparatus access road shall be not less than 20 feet. And shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. 7. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions or the turning around of fire apparatus. S. The turning radius of a fire apparatus access road shall be a minimum of 25 feet inside diameter and 40 feet outside diameter. 9. The installation of access or security gates shall be approved. Installed gates shall have an approved means of emergency operation, and shall be functional at all times. 10. The gradient of the fire apparatus access road shall not exceed 1211/o. Stormwater 11. The applicant is responsible for following adopted Temporary Erosion and Sedimentation Control standards throughout construction. 12. The Applicant or his designee is responsiblefor permanent stabilization and restoration of the project site. 13, All Stormwater system improvements shall be completed prior to issuance of any building permit applications. Traffic/Roads 14. Prior to final plan approval, construction plans shall be submitted and approved by the City Engineer for all road improvements. 15. Prior to clearing, grading, or building permit issuance, a survey shall be provided to the satistactian of the City Engineer. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the City Council approve the site specific rezone for parcel 4062-007- 018-0002 from R8 to R20 zoning, as conditioned. PASSED by the Planning Commission of the City/ of Port Orchard, this 19t' day of February, 2008. PORT ORCHARD CITY OF 200804040130 ©rdinanoe Rec Fee: $ 48.€0 Pace: fi of 0410412008 11:44 AM Karen Flynn, Kitsap Go Auditor 1111111, I f Pill 1111 III11111111111 lu111311 ll IIII IIII full IIIII f lull I!I IIIII II111(IIII IIII IIII ATTEST: Jaynes �, eaver City elopment Director Ordinance No. 011-08 Page 7 of 7 6FA Gil Michael, Chair PORT ORCNARD CITY CR 200804040130 Ordinance Rec Fee: $ 48.0o 04l04/2008 11:44 AM Karen Flynn. Kitsap Co Auditor Page: 7 of 7 1411111111[111111111I1I1111111111111111111 I111 ill l 1111111111 IP1I1111111111111111 #11 It 1111