007-07 - Ordinance - Amending Ord. No. 1748 by Amending Zoning MapCity of Port Orchard PORT ORCHARD CITY OF 200704180158
y Ordinance Rec Fee: $ 40.00
04/18/2007 01:25 PM Page: 1 of 9
216 Prospect Street Karen Flynn, Kit sap Cc Auditor
Port Orchard, WA 98366 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111 111111111IN
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1748 BY
AMENDING THE CITY OF PORT ORCHARD ZONING MAPTO CHANGE
THE ZONING DESIGNATION OF CERTAIN PROPERTY LOCATED
WITHIN THE CITY OF PORT ORCHARD FROM RESIDENTIAL 4.5
(R4.5) TO COMMERCIAL, RETAIL, AND OFFICE (CO), SUBJECT TO
THE CONDITIONS OF THE SITE -SPECIFIC PLAN KNOWN AS THE
PAULSON REZONE
TAX PARCEL NOS. 342401-4-046-2005 AND 342401-4-030-2003.
LEGAL DESCRIPTION: SE 1/a of the SE 1/a Sec.34, T24N, R1E, W.M.
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;
and
WHEREAS, an application was received on November 22, 2006 from Fred Paulson
of Pottery Avenue Professional Building 2, LLC and Pottery Avenue Professional Building 3, LLC
(Rezone Application R-1160) requesting approval of a rezone to change the existing zoning on two
0.49 acre parcels with a current zoning designation of Residential 4.5 (R4.5) to Commercial, Retail
and Office (CO); legally described in Exhibit A; and
WHEREAS, a Notice of Application/Notice of Intent to Issue a MDNS was issued
January 24, 2007 and a Mitigated Determination of Non -Significance was issued on February 10,
2007; and
WHEREAS, the Planning Commission considered the application at public meetings
on February 20, 2007 and March 19, 2007 and recommended approval of the site -specific rezone to
the City Council, subject to certain conditions, as set forth in Exhibit B; and
WHEREAS, the City Council held a public hearing on March 26, 2007 and heard
testimony on the proposal from the applicant and the public; and
WHEREAS, the Comprehensive Plan designation for the property is Commercial,
Retail and Office, and the proposed development is consistent with the goals and policies of the
Ordinance No: 007-07
Comprehensive Plan; and Page 2 of 9
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:
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 dated September 11, 2006.
b. Planning Commission Resolution No. 003-07 and all supporting documents.
c. Planning Commission Staff Report dated March 19, 2007.
d. Application Packet.
e. Notice/SEPA/DNS.
f. Notice to Adjacent Property Owners.
g. Proposed building elevations.
2. Director Long -Woods presented the Staff Report.
3. Testimony of Paul Berg, agent for the applicant, on behalf of the applicant.
4. Testimony of Greg Morley, MD Architects, on behalf of the applicant regarding design of
the buildings.
5. Testimony of Norm Olson, N.L. Olson & Associates, on the location of the parking garage
and topography of the site.
The Council adopts the findings and conclusions as set forth in the staff report and Planning
Commission Resolution No, 003-07 (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 ! •
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, adopted by Ordinance No. 1748, is hereby amended by changing the zoning
designation for the property described in Exhibit "A", to -wit: Parcel Numbers 342401-4-046-2005
and 342401-4-030-2003 from Residential 4.5 (R4.5) to Commercial, Retail and Office (CO), subject
to conditions set forth in Planning Commission Resolution No. 003-07 attached hereto as Exhibit"B,"
except as modified herein. The conditions of approval set forth herein shall control over any
inconsistent provision set forth in Exhibit "B."
SECTION 2. This rezone is site plan specific to the Pottery Avenue Professional Building 2,
LLC, and Pottery Avenue Professional Building 3, LLC and Mr. Fred Paulson, Rezone R-1160.
Pursuant to Part 2, Section 11 of the City of Port Orchard Planning and Development Procedures,
PORT ORCHARD CITY OF
Ordinance Rec Fee: $ 40 00 200704180158
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Ordinance No: 007-07
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any major modification, deviation or departure from the originally approved site plan or application
shall constitute a violation of the zone adjustment approval unless 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 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 9t" day of April, 2007.
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
(-A
J, . vAtto�n
KIM E. ABEL, MAYOR
Spon r y:
hn Clauson, Council Member ... ..
PORT ORCHARD CITY OF 200704180158
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Karen Flynn, Kitsap Co Auditor
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Ordinance No: 007-07
Page 4 of 9
34241 E
LOT B, CITY OF PORT ORCHARD SHORT PLAT NO. PO-15 RECORDED UNDER
AUDITOR'S FILE NO.8006190061. PARCEL I: THAT PORTION OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 34,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS
30 FEET WEST AND NORTH 0*23' EAST 993.0 FEET FROM THE SOUTHEAST
CORNER OF SAID SECTION 34; THENCE NORTH 89*0' WEST 260.0 FEET;
THENCE NORTH 0*23' EAST 165.5 FEET; THENCE SOUTH 89*0' EAST 260 FEET;
THENCE SOUTH 0*23' WEST 165.5 FEET TO THE POINT OF BEGINNING; EXCEPT
THAT PORTION LYING SOUTH OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT THE SOUTHEAST CORNER OF THE HERETOFORE DESCRIBED
MAIN TRACT; THENCE NORTH 0*23' EAST ALONG THE EAST LINE THEREOF
100.50 FEET TO THE TRUE POINT OF BEGINNING, BEING POINT A OF THE LINE
HEREIN DESCRIBED; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE
TO A POINT B , NORTH 0*23' EAST 65 FEET FROM THE SOUTHWEST CORNER,
AND THE TERMINUS OF SAID LINE OF THE HERETOFORE DESCRIBED MAIN
TRACT. >> PARCEL II: AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES
OVER, UNDER AND ACROSS A STRIP OF LAND 20 FEET IN WIDTH, BEING 10
FEET ON EACH SIDE OF A CENTERLINE, BEING A STRAIGHT LINE BETWEEN
POINTS A AND B , DESCRIBED IN PARCEL I ABOVE, THE WEST AND EAST
LINES BEING EITHER FORESHORTENED OR LENGTHENED ACCORDINGLY TO
INTERSECT WITH BEARINGS SOUTH 0*23' WEST FROM SAID POINTS A AND B .
34241E
(LOT C OF CITY OF PORT ORCHARD SHORT PLAT PO-15 RECORDED UNDER
AUDITOR'S FILE NO.8006190061 & AMENDED UNDER AUDITOR FILE NO.
9209150122.) EXCEPT ALL THAT PORTION OF SAID LOT C LYING WESTERLY OF
THE FOLLOWING DESCRIBED LINE AS DESCRIBED BY BOUNDARY LINE
ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO.92091.50122 AND
REVISED UNDER AUDITOR'S FILE NO. 9310260002: COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT C; THENCE N88*33'48 W ALONG THE
SOUTH LINE OF SAID LOT C 101.37 FEET TO THE POINT OF BEGINNING;
THENCE N10*18'44 W 70.39 FEET; THENCE N34*22'43 W 73.23 FEET; THENCE
N10*00'00 W 37.94 FEET TO THE NORTH LINE OF SAID LOT C AND THE
TERMINUS OF SAID LINE.
PORT ORCHARD CITY OF 200704180158
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Karen Flynn, Kitsap Co Auditor
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Ordinance No: 007-07
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A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
PLANNING COMMISSION RECOMMENDING APPROVAL WITH
CONDITIONS THE REZONE APPLICATION FOR PROPERTY LOCATED
NORTH OF THE INTERSECTION OF POTTERY AVENUE AND SOUTH
KITSAP BOULEVARD
Parcel numbers 342401-4-046-2005 and 342401-4-030-2003
WHEREAS, the applicant filed an application with the City (R-1160) on November
22, 2006 for a site specific rezone of two parcels totaling .98 acres from R4.5 to Commercial, Retail
and Office (CO); and
WHEREAS, on February 20, 2007 the Planning Commission held a public meeting
on the application and continued the meeting to March 19, 2007, to allow time to try to resolve
identified drainage issues on an adjacent property; and
WHEREAS, on March 19, 2007, the continued meeting was held; and the Planning
Commission heard additional comments from the applicants agent, engineer, and the public; and
follows:
WHEREAS, being fully advised, the Planning Commission finds and concludes as
• ± 0111;r4:1
The Planning Commission bases its Findings and Conclusions upon the following Exhibits and
Testimony that it finds to be relevant, credible, and persuasive.
The following documents were admitted into the record:
A. Staff Report dated February 20, 2007 with attachments.
B. Revised Staff Report dated March 19, 2007
C. Proposed drainage revision
D. Memo from Paul Berg, agent, to Maher Abed
2. Paul Berg, agent for the applicant testified on behalf of the project
3. David and Sally Bilodeau, neighbors to the proposed development, provided pictures
and testimony related to flooding on the property, which they attribute to Mr. Berg's development.
4. Leonard Smith, P.E., of PacWest Engineering, engineer for the applicant, testified as
to the proposed solution to the flooding on the Bilodeau property.
PORT ORCHARD CITY OF 200704180158
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Karen Flynn, Kitsap Cc Auditor
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Ordinance No: 007-07
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General
1. The application R-1160 for a zone reclassification for the subject parcels to Commercial
zoning, was received on November 22, 2006.
2. Kitsap County Assessor Information shows that Pottery Avenue Professional Building 2, LLC,
and Pottery Avenue Professional Building 3, LLC are the property owners. Fred Paulson is
the applicant, Paul Berg is the agent.
3. The NOA/Notice of intent to issue the MDNS was issued January 24, 2007. The MDNS was
issued on February 10, 2007.
4. Water and sewer are provided by the City of Port Orchard.
5. An office/patient clinic is a permitted use within the CO zone.
6. A rezone to "Commercial, Retail and Office" is consistent with the Comprehensive Plan
designation of "Commercial" for the site.
Site Conditions
7. The project site includes two existing residential lots. According to Kitsap County Assessor's
records, the total site area is .98 acres.
8. The two parcels are mostly cleared residential land. The eastern property is currently being
used for storage of construction materials for the project to the south.
9. The site does not contain critical areas identified by the City's Critical Areas Ordinance.
10. The access road and parking will be shared with the southern property that is currently
under construction. The road has already been installed.
Traffic
11. The Traffic Impact Analysis was prepared for the proposed development by Heath &
Associates in November 2006.
12. Primary streets serving the site are South Kitsap Boulevard and Pottery Avenue.
13. During the previous site -specific rezone (R1148) at 1740 Pottery for the building to the
south, there was concern about the access being offset from residential access across the
street.
14. The nearest transit service line is provided along Pottery Avenue. Some trip reductions were
used in granting a parking requirement reduction on the corner property to the south and
east of the subject properties. Because pedestrian access was required to the 1740 Pottery
building site, pedestrian circulation will also be required on this site.
15. The proposed access location has adequate sight distance to the east and west from both
proposed access roads, according to the Traffic Impact Analysis
16. Roughly 525 daily trips would be created on a typical weekday of which approximately 71
trips are expected into and out of the site during the PM peak hour. Morning peak hour
projections are 70 vehicles per hour.
17. Future traffic due to the proposed project would cause minimal increases in delays to the key
intersections, according to the traffic impact analysis.
Land Use/Zoning
18. The purpose of the Commercial Retail and Office 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.
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19. The zoning for both parcels is Residential, 4.5 units/net usable acre with a Comprehensive
Plan Designation of Commercial. The applicant is proposing to develop the property with
two commercial medical/professional office buildings and associated landscaping, access,
and parking improvements.
20. The two proposed buildings will be 6500 square feet, and 9,284 square feet. The larger
building will have parking underneath.
21. The 9,284 square foot building would require 37 parking spaces. 36 are provided.
22. The 6,500 square foot building requires 26 parking spaces. 27 are provided, which meets
parking requirements for the total site.
23. The parking lot aisles all dead-end, and there appears to be little flow or circulation in the
parking lot. However, the site plan at 1740 Pottery was approved with a similar parking
configuration.
24. The two parcels and 1740 Pottery, currently under construction, are proposing shared access
and parking. The plans or submittal materials do not address an access easement. An
easement is required, and a shared parking agreement is required to be approved by the
City Engineer.
25. A landscaping plan has not been submitted, but a final plan will be required with the
application for site development.
26. A separate sign permit will be required. The applicant shall locate any proposed signage on
the final landscaping plan. Since there is a shared access, only one monument sign shall be
allowed.
Site Plan
27. Grading at the site is expected to be generally associated with the creation of level building
sites.
28. The site plan may need to be revised to address required frontage improvements, access
easements, shared parking and required landscaping.
CONCLUSIONS
1. The proposed subdivision is consistent with the Comprehensive Plan.
2. The proposed site plan is consistent with the provisions of the Zoning Ordinance.
3. Required parking for the two sites has been provided.
4. The applicant will be required to provide continuous pedestrian access from the bus stop to
all buildings.
5. The site plan will need to be revised prior to construction plan approval to provide frontage
improvements as required by the City Engineer.
CONDITIONS OF APPROVAL
SEPA
1. All SEPA conditions shall be met.
ZONING
2. All conditions identified by City Departments and other agencies must be met prior to
the approval of final construction plans.
2. A landscaping plan, meeting the requirements of Chapter C4, is required, and must be
submitted with the site development permit or clearing/grading applications.
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Ordinance No: 007-07
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3. Except for areas of undisturbed existing vegetation or low areas with existing high soil
moisture conditions, landscape areas shall have temporary irrigation systems. Such
systems may be removed after 24 months or 2 growing seasons, whichever occurs first,
provided that the plantings are established.
4. The location of pedestrian access paths must be shown on the site plan and on the
landscaping plan with the site development permit application.
5. The final landscaping plan with a 2-yr. maintenance bond must be submitted with the
building permit application and approved by the Planning Department before final
Certificate of Occupancy on either of the buildings. The landscaping must be bonded
according to provisions of Chapter C4, Section 22.
6. A separate sign permit is required for any signage proposals. The location and size of
any signs must be shown on the landscaping plan. Since there will be a shared access to
all three buildings, only one monument sign will be allowed.
7. Address numbers shall be visible from the street, and installed prior to Certificate of
Occupancy.
8. The proponent shall prove, prior to site development, that the proposed retaining walls
and grading will not adversely affect neighboring properties.
9. A covenant or easement for shared parking and access shall be approved by the City
Engineer, and recorded with the Kitsap County Auditor as a deed restriction on the
properties. The restriction cannot be modified or revoked without the consent of the City
Engineer.
10. The location of trash receptacles must be located outside of any access easement or
pedestrian pathway. The trash bins must be placed in an enclosed, protected area as
required in the Zoning Ordinance. Relocation of some of the trash receptacles and
design of the enclosed structure shall be submitted with the Building Permit application.
FIRE PREVENTION CODE
11. A minimum of 1,500 gallons of water per minute, measured at a residual pressure of 20
psi, will be required to provide adequate fire flow for a building of 9,400 square feet,
if
the construction type is consist of Type V-B. The minimum fire flow also includes a 50%
reduction since the building will be required to have a fire sprinkler system installed
meeting National Fire Protection Association standard 13. The one Fire Hydrant
indicated on the plans appears to be adequate for fire flow.
12. Fire department access around the building appears to be adequate as indicated on the
plans.
13. Plans for the fire alarm system and the sprinkler system must be approved by South
Kitsap Fire & Rescue prior to installation. Submittals for review must include
specifications on all devices to be installed.
14. If any of the building occupants plan to use, store, or handle any flammable or
combustible liquids or hazardous materials, information on the type and quantities of
materials shall be submitted to the Fire District so that further building and storage
requirements may be addressed.
15. Nothing in this review is intended to authorize or approve any aspect of the design that
does not comply with all applicable codes and standards.
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STORMWATER / UTILITIES
16. Stormwater quantity control, water quality treatment, and erosion and sedimentation
control shall be designed in accordance with the City of Port Orchard Municipal Code,
Chapter 15.32 Stormwater Management or as amended at the time an application is
submitted for an Excavation/Stormwater Permit.
17. Construction plans and profiles of all roads, stormwater drainage facilities and
appurtenances, prepared by the developer's engineer shall be submitted to the City for
review and acceptance as part of the application for an Excavation/Stormwater Permit.
1.8. Contractor is responsible for permanent stabilization and restoration of the project site,
including vegetation of any open space areas.
19. Best Management Practices (BMP's) for erosion and sedimentation control shall be
followed during site development and during construction. A detailed Temporary Erosion
and Sedimentation Control plan shall be submitted and approved by the City Engineer
prior to issuance of a site development permit.
20. Water and sewer as-builts shall be provided to the City prior to final construction
approval.
21. Before issuance of any site development permits, the regional drainage issue
and plans shall be redesigned and approved by 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 Fred Paulson Site -specific rezone for parcels
342401-4-046-2005 and 342401-4-030-2003 from R4.5 to Commercial zoning.
PASSED by the Planning Commission of the City of Port Orchard, this 19t" day of March, 2007.
ATTEST:
Joanne Long -Woods
Planning Director
Gil Michael, Chair
PORT ORCHARD CITY OF 200704180158
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Karen Flynn, Kitsap Cc Auditor
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ORDINANCE
The following isasummary ofnnOrdinance approved by the Port Orchard City Council at their regular
Council meeting held April 9, 2007.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, VVASHINGTON, AMENDING
PORT ORCHARD ZONING ORDINANCE NO. 1748 BYAMENDING 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 (R4.5) TO COMMERCIAL, RETAIL, AND OFFICE (CO), SUEOECT
TO THE CONDITIONS OF THE SITE -SPECIFIC PLAN KNOWN AS THE PAULS{}N
REZONE.
Copies o[Ordinance No. O07-07are available for review atthe office ofthe City Clerk ofthe City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested parson without charge. Thirty days after publication, copies of Ordinance No. 007-87 will be
provided at nominal charge.
City ofPort Orchard
Michelle Merlino
City Clerk
Publish: Port Orchard l
April 14,2007