008-08 - Ordinance - Amending Zoning MapCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
ORDINANCE NO. 008-08
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 4.5 (R-
4.5) TO COMMERCIAL (Co), SUBJECT TO THE CONDITIONS OF THE
SITE -SPECIFIC PLAN KNOWN AS THE PREMIER RENTALS REZONE
TAX PARCEL NO. 252401-3-042-2002
LEGAL DESCRIPTION: SE 1/4 of the SW 1/a of Sec. 25, T24N, R1E,
W.M., 530 Tracy Avenue
FULL LEGAL: EXHIBIT A
WHEREAS, the City Council previously adopted Zoning Ordinance No. 1748
regulating zoning designations and requirements for development for all properties within the City,
now codified in Port Orchard Municipal Code Title 16; and
WHEREAS, an application was received on September 14, 2007 from Westland
Keys LLC (Rezone Application R-1166) requesting approval of a rezone to change the existing zoning
on a 1.97 acre parcel with a current zoning designation of Residential 4.5 (R4.5) to Commercial
(Co); legally described in Exhibit A; and
WHEREAS, a Mitigated Determination of Non -Significance was issued on December
8, 2007; and
WHEREAS, the Planning Commission considered the application at public meetings
on December 14, 2007 and January 22, 2008 recommended approval of the site -specific rezone to
the City Council, subject to certain conditions, as set forth in Exhibit B; and
Ordinance No: 008-08
Page 2 of 8
WHEREAS, the City Council held a public hearing on February 12, 2008; and
WHEREAS, the Comprehensive Plan designation for the property is Commercial,
which allows Commercial activities, 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
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:
1. The following documents were admitted into the record as exhibits:
a. Agenda Staff Report and attachments dated February 12, 2008.
b. Planning Commission Resolution No. 001-08 and all supporting documents.
c. Planning Commission Staff Report dated December 17, 2007.
d. Application Packet.
g. SEPA Notice.
h. Notice to Adjacent Property Owners.
i. Planning Commission Exhibit A. showing revised sidewalk configuration.
2. Thomas Bonsell, Assistant Planner presented the Staff Report.
3. Mark Kulman spoke on behalf of Westland Keys LL.C., detailing the project.
4. Gil Michael spoke as a private citizen detailing concerns about visibility from Mile Hill
Drive and the building orientation.
FINDINGS AND CONCLUSIONS
The Council adopts the findings and conclusions as set forth in the staff report and Planning
Commission Resolution No, 001-08 (Attached Exhibit B) 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:
SECTI N 1. Based upon the exhibits, hearing testimony, recommendations of city staff and
the planning commission, and the findings and conclusions referenced above, the City of Port
Orchard Zoning Map is hereby amended by changing the zoning designation for the property
described in Exhibit "A", to -wit: Parcel Number 252401-3-042-2002 from Residential 4.5 (R4.5) to
Commercial (Co), subject to conditions set forth in Planning Commission Resolution No. 001-08,
attached hereto as Exhibit "B," as submitted and approved without modification.
SECTION 2. This rezone is site plan specific to the Premier Rentals R-1166. Pursuant to
Ordinance No: 008-08
Page 3 of 8
SECTI N 2, This rezone is site plan specific to the Premier Rentals R-1.166. 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 (S) 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 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 passi
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
City Att&lpjy U
Sponsored by:
3�-
Robert Putaansuu, Council Member
Ordinance No: 008-08
Page 4 of 8
EXHIBIT A
PARCEL A THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER,
SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, IN KITSAP COUNTY, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 360 FEET; THENCE WEST 305 FEET
THENCE SOUTH 360 FEET; THENCE. EAST 305 FEET TO THE POINT OF BEGINNING; EXCEPT STATE
HIGHWAY NO. 16 (FORMERLY STATE HIGHWAY NO. 14); AND EXCEPT PLISKO LANE; TOGETHER
WITH THAT PORTION OF VACATED COUNTY ROAD WHICH ATTACHES BY OPERATION OF LAW.
EXCEPT THAT PORTION CONVEYED UNDER AUDITOR'S FILE NO. 9402180200, DESCRIBED AS
FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER, SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP
COUNTY, Washington
Ordinance No: 008-08
Page 5 of 8
w wR
RESOLUTION NO. 001-08
TAX PARCEL NO. 252401-3-042-2002
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
PLANNING COMMISSION RECOMMENDING APPROVAL WITH
CONDITIONS THE SITE -SPECIFIC REZONE APPLICATION FOR
PROPERTY LOCATED AT THE NE CORNER OF MILE HILL ROAD AND
PLISKO LANE
Parcel number 252402-3-042-2002
WHEREAS, the applicant Filed an application with the City (R-1166) on September
14, 2007 for a site specific rezone of a parcel totaling 1.97 acres, from R 4.5 to Commercial (CO);
and
and
follows;
WHEREAS, on January 22, 2008, the Planning Commission held a public meeting;
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. City Council Agenda Staff Report dated February 12, 2008 together with
Attachments.
b. Exhibit A, drawing showing limits of curb return construction
c. Planning Commission Staff Report dated December 17, 2007
d. Planning Commission Resolution 001-08
e. SEPA/Hearing notice
f. Application materials
g. Draft Planning Commission Minutes
2. Thomas Bonsell, Assistant Planner, presented the Council Agenda staff report.
3. Mark Kuhlman, Team4 Engineering testified on behalf of the applicant.
4. Gil Michael, private citizen testified against the current building configuration.
FINDINGS
General
I. The application for a Site -Specific Rezone (R-1166) and Conditional Use Permit (CUP027-07)
was received September 14, 2007.
Ordinance No: 008-08
Page 6 of 8
2. The Determination of Completeness was issued on September 28, 2007.
�. The MDNS was issued on December 8, 2007.
4. Water and sewer are provided by the City of Port Orchard, and City water and sewer service
is available to this parcel.
Site Conditions
5. The site is 1.97 acres of pasture grasses including some invasive Himalayan blackberries
around the perimeter of the property.
6. The site does not contain significant trees.
7. The site slopes generally from 5 to 30 percent downward from west to east. Adjacent to
Plisko Lane and Mile Hill Drive are slopes up to 68 percent resulting from the road
construction cut and fill process. The steeper slopes are generally not impacted by
construction of building however, at time of the comprehensive building permit review, a
geotechnical report may be required.
8. Stormwater is proposed to leave the site through a two cell detention pond, a bio swale,
storm water treatment facility and then stormwater conveyances to Arnold Creek.
9. A wetland report dated May 31, 2006, prepared by Wiltermood and Associates states that
there are no regulated wetlands on the site.
10. Grading at the site is expected to be generally associated with the creation of a level building
site, parking and a circular driveway around the building.
Land Use/Zoning
I i . The site is currently zoned Residential 4.5 (R-4.5).
12. The Comprehensive Plan Designation for the parcel is Commercial (CO).
13. The use table found in Chapter B3 of the zoning ordinance describes "miscellaneous
equipment rentals" as a Conditional Use (CUP) in the commercial zone.
1.4. Setbacks and landscaping buffers are in conformance with Chapter C1 Sections (9-10) and
Chapter C4 of the Zoning Ordinance as shown in the site plan.
15. Although the projects fronts Mile Hill Road, access will be from Plisko Lane.
CONCLUSIONS
a. The proposed equipment rental facility is consistent with the Comprehensive Plan
facilitated through a Conditional Use Permit.
b. The proposed development is consistent with the Zoning Ordinance facilitated through a
Conditional Use Permit.
c. The proposed development will provide employment and service opportunities for
residents of Port Orchard and the South Kitsap area.
CONDITIONS OF APPROVAL
SEPA
All conditions of the SEPA Mitigated Determination of Non -Significance issued on December 8,
2007 shall be conditions of approval for this Site -Specific Rezone.
Zoning
1. All conditions identified by City Departments and other agencies must be met prior to the
approval of final construction plans.
Ordinance No. 008-08
Page 7 of 8
2. A landscaping plan in accordance with Chapter C4 of the Zoning Ordinance shall be
provided.
3. Prior to Certificate of Occupancy, the landscaping must be approved by the Planning
Director and bonded according to the provisions of Chapter C4, Section 22. The bond is
subject to approval by the Planning Director and/or the City Attorney.
4. Except for areas of undisturbed existing vegetation or low areas with existing high soil
moisture conditions, landscaped areas shall have temporary (or permanent) irrigation
systems. Temporary systems may be removed after 24 months, or two growing seasons,
whichever occurs first.
5. A separate sign permit is required for any signage proposals. Signs should meet the
requirements of Chapter 15.16 of the Port Orchard Municipal Code,
Fire Prevention
6. 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 of 10,000 square foot.
The minimum fire flow also includes a 50 percent reduction since the building will be
required to have a fire sprinkler system installed meeting National Fire Protection
Association standard 13. The two Fire Hydrant indicated on the plans appears to be
adequate for fire flow,
7. Fire department access around the building appears to be adequate as indicated on the
plans.
8. Plans for the fire alarm system and the sprinkler system must be approved South Kitsap
Fire & Rescue prior to installation. Separate permits are required for each installation.
Submittals for review must include specifications on all devices to be installed.
9. If any of the building occupants plans to use, store or handle any flammable or
combustible liquids or hazardous materials, information on the type and quantities of
materials needs to be submitted to the Fire District so that further building and storage
requirements may be addressed.
Stormwater
10. Stormwater quantity control, water quality treatment, and erosion and sedimentation
control shall be designed in accordance with City of Port Orchard Municipal Code, Chapter
15,32.
11. The Applicant or his designee is responsible for permanent stabilization and restoration of
the project site.
12. All stormwater system improvements shall be completed prior to issuance of any building
permits.
13. The Applicant or Engineer shall submit the Operation and Maintenance Manual for review
and acceptance by the City Engineer prior to Certificates of Occupancy.
14. The applicant must design and employ best management practices to control erosion and
sedimentation from the construction activities on site. These measures include silt
fencing, stabilized construction entrance and exposed surface covering. Silt fencing must
be in place prior to commencement of construction activities.
15. A geotechnical report must be submitted to provide soil assessment of the site and would
be used for the new pavement and foundation design of new structures.
Ordinance No: 008-08
Page 8 of 8
Recommendation of the geotechnical report shall be conditions of approval for this
proposal
16. A final storm drainage report must be submitted to the city for review. The developer
must provide both stormwater detention and treatment and quality control for the total
new impervious surface per City of Port Orchard stormwater Management Manual.
17. Oil/water separators which can efficiently separate oils and solids from a wastewater
discharges must be installed as part of the storm water facilities. Oil/water separators
are "in -line" devices used to remove oils and greases (and sometimes solids) from
industrial waste streams and stormwater discharges. They are required to be treated
before discharge offsite.
18. Removed
Traffic/Roads/Buifding
1. The access to and from the proposed Premier Rental will be provided through an
entrance along Plisko Lane. Detailed plans for access and parking lot should be
submitted for review. The width of this entrance should be designed based on the traffic
study and Traffic Impact Analysis prepared by Heath and Associates Inc., dated July 2007
and based on City of Port Orchard design standards.
2. The developer is required to provide half -street frontage improvements long Plisko Lane.
These improvements include street paving, curb/gutter, landscaping, franchise utilities
under -grounding and stormwater system installation.
3. At the junction of Plisko Lane and Mill Hill Drive, the developer is required to provide
curb, gutter and sidewalk on the northeasterly side or Plisko Lane from the
intersection of Plisko lane with Mile Hill Drive to the most westerly property
line. In addition, the applicant is required to install curb, gutter and sidewalk
on the westerly side of Plisko lane from the intersection with Mile Hill Drive a
distance of approximately 60 feet as shown on attached Exhibit A
4. The developer shall install the recommendations of the TTA including signage and Plisko
Lane improvements for south bound traffic.
5. Prior to final plan approval, construction plans shall be submitted and approved by the
City Engineer for all road improvements.
6. All recommendations contained in the July, 2007 Traffic Impact Analysis from Heath and
Associates Inc. shall be followed.
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 February 26, 2008.
ORDINANCE NO. 008-08
AN ORDINANCE OF THE C17Y 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 4.5 (R-4.5) TO
COMMERCIAL (Co), SUBJECT TO THE CONDITIONS OF
THE SITE -SPECIFIC PLAN KNOWN AS THE PREMIER
RENTALS REZONE
Copies of Ordinance No. 008-08, 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. 008-08, will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
Deputy City Clerk
Publish: Port Orchard Independent
March 1, 2008