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021-06 - Ordinance - Construction of a Home Improvement Store (Lowes)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 September 25, 2006, AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A MODIFIED SITE PLAN TO A PREVIOUSLY AUTHORIZED SITE SPECIFIC REZONE ON A 14.33 ACRE PARCEL LOCATED WITHIN THE CITY OF PORT ORCHARD AND ZONED COMMERCIAL, RETAIL, OFFICE (CO) TO ALLOW FOR THE CONSTRUCTION OF A HOME IMPROVEMENT STORE (LOWES) WITH CONDITIONS Copies of Ordinance No. 021-06 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. 021-06 will be provided at a nominal charge. City of Port Orchard -� o' Michelle Merlino Interim City Clerk Publish: Port Orchard Independent September 30, 2006 Kitsaglegals a0soundpublishing.cam 200610040041 1111111 hill IIIIIII III IIIIIII III 111111I III 1111111111111Page: I 10,'04;"2�_a06 } r12:06P City of Port Orchard PORT ORCHARD CITY OF ORD �'qO N Kit aF: Coy WA 216 Prospect Street Port Orchard, WA 98366 ORDINANCE NO. 021-06 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A MODIFIED SITE PLAN TO A PREVIOUSLY AUTHORIZED SITE SPECIFIC REZONE ON A 14.33 ACRE PARCEL LOCATED WITHIN THE CITY OF PORT ORCHARD AND ZONED COMMERCIAL, RETAIL, OFFICE (CO) TO ALLOW FOR THE CONSTRUCTION OF A HOME IMPROVEMENT STORE (LOWES) WITH CONDITIONS. Tax Parcel Nos. 112301-2-033-2002 and 112301-2-016-2003. Legal Description: SE 1/4 Sec. 11, T23N, R1E, W.M. Full Legal Attached As — 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; WHEREAS, an application was received on June 15, 2006 requesting an amendment to a previously approved site specific rezone, Ordinance 1091, to change the previously authorized site -plan from a shopping mall to a home improvement store (Lowe's) on a 14.33 acre parcel with a Comprehensive Plan designation of Commercial and zoning of Commercial, Retail and Office (CO); and WHEREAS, a Mitigated Determination of Non -Significance was issued August 24, 2006; and WHEREAS, the City Council held a public hearing on September 11, 2006 and heard testimony on the proposal from the applicant and the public; and WHEREAS, the proposed amendment to the site specific rezone is not detrimental to the health, safety, and welfare of the community and is consistent with the Zoning Ordinance, Growth Management Act, and Comprehensive Plan; and WHEREAS, being fully advised, the Council finds and concludes as follows: Testimony: Ordinance No.i /. Page of TESTIMONY AND EXHIBITS The Council bases its Findings and Conclusions on the following Exhibits and 1. The following documents were admitted into the record: a. Staff Report dated September 11, 2006 (with attachments). b. Application Packet. c. Notice/SEPA/MDNS. d. Notice to adjacent property owners. e. Correspondence from Mr. William Palmer. f. Proposed changes to conditions as set out in Staff report submitted by applicant's representative, Anna Nguyen. 2. Planning Director Long -Woods presented the Staff Report. 3. Anna Nguyen testified on behalf of the applicant and discussed proposed changes to Conditions 23, 25, and 27. 4. William Palmer discussed concerns regarding access to the site and location of a stop light. 5. Richard Brown discussed site distance. 6. Ron Rice questioned the right of approval on an access through the property to an adjoining property. 7. Anna Nguyen stated that the access to the Lowes facility had to be located on their property. 8. William Palmer stated that there had been discussions in the past about coordinating access between this property and the property to the south. 9. Anna Nguyen answered questions of Council on the location of proposed turn lanes and road improvements. FINDINGS AND CONCLUSIONS The Council adopts the following findings, conclusions, and with the following conditions; now, therefore, FINDINGS: 1. The application for an amendment to a site -specific rezone (R-1057-A1) was received on June 15, 2006. 2. The Determination of Non -Significance with mitigation (MDNS) was issued on August 24, 2006. 3. The total site area contains 14.33 acres on two parcels; 112301-2-016-2003 and 112301-2-033- 2002. Roland and Roland are the current taxpayers on the property. 4. The proposed development will include a 138,700 square foot home improvement store with a 31,709 square foot garden center, and approximately 525 associated parking stalls. 5. Site improvements include a stormwater system with vaults and infiltration swales, landscaping, and an access road. 200610040041 Page: 2 of 9 11111111 l�:a,'F4/2-'f,06 12 06P PORT ORCHARD CITY OF OR�4��.t?�:+ k:it;�i; CC, 6JA Ordinance No. 021-06 Page 3 of 8 6. Sewer and water service is available either from the Albertsons site, or from the other side of SR 16. The applicant is proposing to tunnel bore under SR 16 to hook up to existing water and sewer mains. Site Conditions 7. The project includes two commercially zoned lots. According to the Assessors records, the lots total 14.21 acres. The application indicates that the property is 14.33 acres. The site is generally of a triangular shape. It is bordered by right-of-way for either Sedgwick Road and SR 16 on the north, northwest and east, by an undeveloped industrial parcel on the west, and rural residential parcels on the south, under County jurisdiction. 8. The site is rolling and generally slopes downward from east to west. The high point of the property is located near the southeast property corner at an elevation of approximately 223 feet. The low point is located near the southwest property corner at an elevation of approximately 177 feet. A majority of the ground surface slopes downward at about 5 to 10 percent with local areas as steep as 20 percent grade. 9. The site contains both Category II and Category III wetlands. Wetland A, the Category II wetland drains into Blackjack Creek, a shoreline of Statewide Significance. Wetland A requires a 100 foot buffer. Wetland B, the Category III wetland, requires a 50-foot buffer. A wetland delineation report was prepared by Raedeke Associates, Inc., dated June 2, 2006. The Applicant is proposing to decrease the buffer in some areas by using buffer averaging and decrease the buffer in other areas by replace 6,246 square feet of buffer with 3, 746 square feet on the north side of the existing buffer. Further enhancement of the areas will be required and landscaping plans revised to address this issue. 10. There is an existing gravel driveway located in the approximate area of the proposed access road. Traffic 11. A Traffic Impact Analysis was prepared for the proposed development by The Transpo Group, Inc. in June 2006. 12. Sedgwick Road is an east -west arterial that heads northwest as it borders the site. 13. SR-16 is a four lane highway. The onramp for eastbound SR 16 runs along the north side of the property. 14. The existing levels of service for intersections in the vicinity of the proposed development range from LOS C to LOS F. 15. The new development will keep LOS C to F for the major intersections in the area. 16. The Traffic Impact Analysis recommends mitigation to include: a. Installation of a northbound right -turn lane at Sedgwick Road/SR 16 Northbound ramp; b. Installation of an east -to -south right turn lane at Sedgwick Road/SR 16 Southbound ramp; c. A new site access signal. Land Use/Zoning 17. The rezone was initially approved on April 23, 1979 by City of Port Orchard by Ordinance No. 1091. That rezone expired and was granted again on December 27, 1988, with several extensions following. The project that was approved in 1988 was for a multi -tenant shopping 200610040041 Page 3 ,f '1 10/04/2006 1 06F' PORT ORCHARD i:ITY OF ORO $40,% Kit.sap Co, HA Ordinance No. 021-06 Page 4 of 8 center to be known as the Sedgwick Mall. That project was proposing to use an on -site sewage system, but it was not completed as originally designed. 18. Per Section 3a on p. 152 and the table on p. 154 of the Zoning Ordinance, non -specified retail uses such as Lowe's require 1 parking space per 300 sq. ft. of gross floor area. However, there is no definition of gross floor area' or floor area' in the Zoning Ordinance. The defined term most closely related would be building area', as found by Section 21 on p. 26 of the Zoning Ordinance. By that definition, the absence of interior walls around square footage would exempt that area from the parking requirement. Per the data on Lowe's Sheet C-1.1, the building area of 147,652 sq. ft. contains only the square footage with a roof overhead to which walls shall or could be attached. As the 22,821 sq. ft. "open garden center" would consist of neither walls nor a roof, staff would not count that area toward the parking requirement until the Zoning Ordinance includes a floor area definition that warrants doing so. Therefore, the site requires 492 parking spaces and exceeds that requirement by providing 525 spaces. 19. Landscape plans have been submitted and appear to meet the requirement of the landscaping section of the zoning ordinance. 20. A separate sign permit will be required. Site Plan 21. There will be fill and grading of up to 220,000 cubic yards of material. 22. Stormwater control and quality will be provided by two underground vaults and two bioswales. 23. Fire department access around the building appears to be adequate as indicated on the plans. CONCLUSIONS: 1. The proposed development is consistent with the Comprehensive Plan 2. The proposed development is consistent with the zoning ordinance. 3. The proposed development meets the minimum requirements of the City's Stormwater Manual CONDITIONS OF APPROVAL: SEPA 1. The applicant shall adhere to all mitigation measures of the Mitigated Determination of Non - Significance issued August 24, 2006. ZONING 2. All conditions identified by City Departments and other agencies must be met prior to the approval of final construction plans. 3. A tree survey must be conducted and all significant trees 18 inches in diameter or greater shall be identified on a site plan. A tree retention and replacement plan is required for this proposal. The applicant has submitted a preliminary landscaping plan that identifies most trees will be removed from the site. However, the replacement plan must identify the location, size and species of all trees to be replaced on site. The site specific landscaping does not address this requirement. A final retention and replacement plan shall be submitted and approved prior to approval for any clearing, grading, or site development permits being issued on this property. The plan shall identify where planting will take place on the site; the number, size and species of trees to be replaced at a 3-1 ratio for all trees greater than 18 inches in diameter; and the 200610040041 Page: 4 of 9 PORT ORCHARD CITY 13F ORD :{4rI.AG [ atsapLl:u, OR ragF Ordinance No. 021-06 Page 5 of 8 total numbers and species of native trees to be planted. Removal of any significant tree of 36 inches or greater must be identified and approved by the City Council. No significant trees shall be removed from the natural buffer area. 4. A Forest Practice Permit may be required by the State Department of Natural Resources (DNR). The final Tree Retention and Replacement Plan must be submitted, reviewed and approved by the Planning Department with the clearing and grading permit. The approved plan and permit must be approved prior to submittal to DNR. A copy of the approved forest practice permit from DNR shall be submitted to the Planning Department for the file prior to the start of any cutting or clearing taking place on the parcel. 5. Since the majority of the proposed retaining walls exceed 4 feet in height, an engineered wall design shall be completed by a licensed engineer and submitted for City review and approval prior to the issuance of any building permits being issued for the project site. 6. A Performance Bond shall be submitted and approved by the City Planning Department on the final tree retention/replacement and landscaping plan for the plat. The monitoring of the landscaped areas shall continue for a two-year period as required by the City. Copies of the annual monitoring shall be submitted to the City for their records. 7. The final landscaping and planting plan for the site must meet the specifications outlined in the City of Port Orchard Zoning Ordinance and approved by the Planning Department prior to final site plan approval. 8. A separate sign permit is required for all signage. Since the applicant intends to exceed the number of signs allowed under the existing Sign Ordinance, a comprehensive sign permit application must be submitted and approved by Council prior to issuance of any permits for signs. 9. The proposed height of the building and/or retaining walls may exceed the maximum allowed for the zone. The applicant will be required to submit a variance application and receive approval from the Planning Commission on any proposed structures that exceed height limits in the Zoning Ordinance. FIRE PREVENTION CODE 10. Storage of combustible materials in closely packed piles, on pallets, in racks, or on shelves where the top of storage is greater than 12 feet in height (6 feet for high -hazard commodities) is subject to special fire -protection and life -safety requirements if the aggregate area of such storage exceeds 500 square feet. Buildings used for high -piled combustible storage must meet the provisions of Chapter 23, High -Piled Combustible Storage. Plans indicated there would be tire racks provided by the tenant. The tenant needs to forward the racking plan as well as the flue maintenance plan to the Fire District for review. Such plans must show the maximum height of the storage, the total area the racks will occupy and the aisle widths. If the storage area exceeds 500 square feet the provisions of Chapter 23 apply and information must be submitted to the Fire District regarding provisions for smoke venting, smoke removal, curtain boards, hose connections and fire alarm system and/or fire sprinkler system. 11. 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 needs to be submitted to the Fire District so that further building and storage requirements may be addressed 12. Before construction may begin, fire department vehicle access must be provided. Access roads 200610040041 Page: ` � �{ '3 10,' 64. 2006 12 C46P PAT ORCHARD CITY OF uRD $40.00 Kit ap CoIIA Ordinance No. 021-06 Page 6 of 8 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 maintained to support the imposed loads of fire apparatus (45,000 pounds) and must have a surface that provides all-weather driving capabilities. 13. Buildings shall be constructed in accordance with the provisions of the International Fire Code, and the International Building Code, as adopted and enforced by the City of Port Orchard. All Construction shall be in accordance with Chapter 14, "Fire Safety During Construction, Alteration, or Demolition of a Building." 14. Plans for the fire protection systems must be approved by 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. 15. If commercial cooking equipment is installed and that equipment produces grease -laden vapors, a kitchen hood extinguishing system will need to be provided and an approximately sized K-class fire extinguisher shall be located within 30 feet of the kitchen cooking equipment. All plans for fire suppression systems must be approved by South Kitsap Fire & Rescue's Prevention/Education office prior to installation. 16. The minimum acceptable fire extinguisher for areas with a low fire hazard 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. 17. Dumpsters shall not be located within 5 feet of a building opening or within 5 feet of combustible walls or combustible roof eaves. 18. A final inspection of the occupancy will be required, by a member of the South Kitsap Fire & Rescue Prevention/Education office, before a Certificate of Occupancy is issued from the City of Port Orchard. All inspection requests must be made at least two business days in advance. ROADS 19. The developer shall install new curb/sidewalk, street lighting, storm collection system, landscaping along the entire length of its frontage along Sedgwick roadway in accordance with City standards. 20. Since the City does not have any immediate plan to widen Sedgwick at this time, the developer shall either pay the development's fair share, $52,810, or sign a waiver of protest to the future formation of an LID (or ULID) for the purpose of full frontage improvements of Sedgwick roadway. Applicant/developer must elect between either option before approval of Certificate of Occupancy will be issued by the City. Any waiver of protest agreement shall be in a form provided by the City and approved by the City Attorney. Upon acceptance of any "No Protest Agreement" by the City, it shall be recorded with the County Auditor. In doing either option, the developer will be credited for any improvements that will be currently installed. 21. In accordance with the recommendations of the Traffic Analysis, the developer shall install a new traffic signal at the entrance of the commercial development. This signal will be installed to City standards and will be interconnected to the WSDOT-awned signal at the intersection of Sedgwick and SR16 Southbound on -ramp. 22. The developer shall coordinate with Washington Department of Transportation to get an access permit to allow for the tunnel boring underneath SR16 to bring encased water and sewer mains to the site. All work on the lines shall be in accordance with WSDOT standards. 200610040041 page 6 4 '1 10r'04/2006 12 06P PuRT ORCHARD CITY OF 1RD $4a.00 Kits.,p Co, WA Ordinance No. 021-06 Page 7 of 8 23. The developer shall coordinate to allow access for the neighboring commercial property to the south to get access through the site into the signalized intersection. Provisions for access to the west leg of the new signalized intersection will be planned for future expansion. 24. In accordance with the recommendation of the Traffic Impact Analysis, a right -turn lane shall be constructed from Sedgwick into SR16 Southbound on -ramp. 25. Proposed traffic mitigation measures that are specified in the project Traffic Impact Analysis prepared by The Transpo Group, Inc. and dated June 2006 are accepted by the City and shall be implemented as part of the project site development. The recommended traffic mitigation are: 1) Install a northbound right -turn lane at SW Sedgwick Road/SR-16 NB Ramps; 2) Install an east -to -south right -turn lane at SW Sedgwick Road/SR-16 SB Ramps. The lane shall extend the frontage of the property between the site access and the SR-16 SB Ramps; and, 3) Interconnect and provide coordination between the new site access signal with the SR-16 Ramps. 26. The applicant shall coordinate with Kitsap Transit to provide adequate transit facilities close to the property frontage along Sedgwick Road. UTILITIES/STORM WATE R 27. The developer shall install a regional sewer lift station that will be sized to accommodate future growth in the area and will be turned over to the City for future maintenance and operations. 28. The developer shall plan and implement Best Management Practices (BMPs) to collect and control sedimentation and erosion from construction operations. Additional measures will have to be taken during winter season construction to ensure minimal impact to existing wetlands on site. 29. The proposal will be served by City water and sewer. The connection lines will need to be tunnel bored under SR16. A copy of the access permit for the boring from the Washington State Dept. of Transportation shall be submitted to the City for the file prior to start of construction on the project. Applicant/developer may request a Latecomers Agreement for its development of water and sewer lines. 30. All stormwater system improvements will be completed prior to issuance of any Certificate of Occupancy. 31. The Engineer of Record shall certify that the as -built water quality treatment facility meets the design criteria. 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 findings and conclusions contained herein, hereby approves the amendment to the site specific rezone (R1057-A1) to allow for the construction of a home improvement store (Lowes) subject to the conditions set forth herein. SECTION 2. This is site plan specific to the amendment for the Lowes home improvement store proposal (R1057-A1). Pursuant to Part 2, Section 11 of the City of Port Orchard Planning and Development Procedures, any major modification, deviation or departure from the 200610040041 FORT ORCHARCi CITY OF ORO $40.06 f i�t'�yp ` ���F' Co,, IJA Ordinance No. 021-06 Page 8 of 8 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. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. 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 251" day of September 2006. ATTEST: a Michelle Merlino, Interim City Clerk APPROVED AS TO FORM: KIM E. ABEL, MAYOR Spons ed C ncilmember Clauson 200610040041 I I�IIII III�I III��II I�I �III�II II� III"� III �'�'I I II I�'I F 0':1" of 9 10r104r'2006. 12r:+6P PORT ORCHARtr CITY OF IRE, $4@ , titl fit _ p r_ o� WR BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER NORTH 2" 23' 01" EAST, 387.86 FEET TO THE EASTERLY MARGIN OF SEDGWICK ROAD; THENCE NORTH 350 16' 41" EAST, 87.87 FEET; THENCE NORTH 30' 56' 41" EAST, 415.68 FEET, THENCE SOUTH 80° 17' 21" EAST, 228.25 FEET; THENCE SOUTH 48' 12' 10" EAST, 386.54 FEET; THENCE SOUTH 32' 50' 34" EAST, 605.29 FEET; THENCE NORTH 89' 02' 05" WEST PARALLEL TO THE SOUTH LINE OF THE NORTHWEST ONE QUARTER OF SAID SECTION, 18.06 FEET; THENCE SOUTH 00 57' 55" WEST, 30.00 FEET TO SAID SOUTH LINE, THENCE ALONG SAID SOUTH LINE NORTH 890 02' 05" WEST, 1103.64 FEET TO THE POINT OF BEGINNING. CONTAINING 14.33 ACRES. SITUATE IN KITSAP COUNTY, STATE OF WASHINGTON. 200610040041 Facq� : 9of a PORT ORCHARD OITY OF OR[' $40.00 Kit1sap"CNN, 11H1 �F'