019-05 - Ordinance - Amending Ordinance 1943 Regarding Site Plan Conditions for Berg OfficeNOTICE 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 August 22, 2005.
ORDINANCE NO. 019-05
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING ORDINANCE NO. 1943 REGARDING CERTAIN SITE PLAN
CONDITIONS FOR THE SITE -SPECIFIC PLAN KNOWN AS THE BERG
OFFICE/PATIENT CLINIC.
Copies of Ordinance No. 019-05 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. 019-05 will be
provided at a nominal charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
August 31, 2005
Kitsaplegals@soundpublishin com
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
200508300002
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PORT ORCHARD CITY OF ORD $45 M Kit.saP Co, WA
ORDINANCE NO. 019-05
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON AMENDING ORDINANCE NO. 1943
REGARDING CERTAIN SITE PLAN CONDITIONS FOR
THE SITE -SPECIFIC PLAN KNOWN AS THE BERG
OFFICE/PATIENT CLINIC.
TAX PARCEL NUMBER 342401-4-029-2006
LEGAL DESCRIPTION: THAT PORTION OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER, SECTION 34, TOWNSHIP
24 NORTH, RANGE 1 EAST W.M, IN KITSAP COUNTY; SEE
ATTACHED ATTACHMENT "A"
WHEREAS, Paul Berg, applicant, submitted an application, dated July 31,
2003, requesting approval of a rezone from R4.5 to CO along with a site specific plan,
for the property legally described in Attachment A, which application was assigned file
number R-1148; and
WHEREAS, after completing the review process Ordinance 1943 was
adopted, approving the rezone, subject to conditions; and
WHEREAS, Paul Berg, has requested that the site plan approved by
Ordinance 1943 be modified, and the city staff determined that the requested
modification was a major amendment, requiring a public hearing and City Council
approval; and
WHEREAS, SEPA review was done on the initial rezone application, but
the amendment is below the threshold review, and thus no SEPA review is required for
the amendment; and
WHEREAS, the Planning Department and the City Engineer have
recommended approval, subject to certain conditions; and
WHEREAS, a public hearing was held by the City Council on August 8,
2005, and was then continued to August 22, 2005 for further testimony; and
Ordinance No. 019-05
Page 2 of 6
WHEREAS, the proposed major amendment, when properly conditioned,
is not detrimental to the health, safety, and welfare of the community, is in harmony with
the general purposes of the City Zoning Ordinance, the State Growth Management Act,
and the City Comprehensive Plan, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
DOES ORDAIN
SECTION 1. The Council adopts the findings and conclusions set forth in
Ordinance 1943, which is incorporated herein by referenced, except as expressly
modified by this ordinance as it relates to the major modification now before the Council.
As an additional finding the council finds that the applicant's request for a reduced
number of parking stalls, with emphasis on the use of mass transit necessitates additional
entry ways and lighting to accommodate ease of access and safe access after dark for
mass transit users. The Council further finds that due to the increased building mass and
the location of the building, requiring the public access for building patrons and tenants
near the mass transit stop will also serve to mitigate the additional building mass if
architectural features are added at the entrance to assist in wall modulation.
SECTION 2. The major modification to Ordinance 1943, requesting that
the access to the site be relocated from S. Kitsap Blvd. to Pottery Avenue, that the
building size be increased to 9400 square feet, and that the number of on site parking
spaces be reduced, is hereby approved, all as shown on the site plan attached hereto
as Exhibit B, subject to the conditions set forth in the Agenda Staff Report Addendum
dated August 22, 2005 attached hereto as Exhibit C, and except as modified by any
conditions set forth in this ordinance. In case of conflict between the provisions of
Exhibit C and the provisions of Exhibit B, the provisions of Exhibit C shall control. The
provisions of this ordinance shall control over any conflicting provisions in Exhibit B
and/or C.
SECTION 3. The landscaping on City of Port Orchard right of way
referenced in condition 16 of the staff report shall be installed and maintained at the
applicant's sole expense. The City of Port Orchard may remove, or require the applicant
to remove, at the applicant's expense, and without compensation, the landscaping from
the right of way at any time.
SECTION 4. Lighting shall be provided for off site street parking along
South Kitsap Blvd to provide for pedestrian safety along walkways and lighting shall also
be provided along the 5 foot pedestrian walkways from the west building entrance to the
bus stop on Pottery Avenue.
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Ordinance No./ • 1
Page of .
SECTION 5. There shall be one public building access on the east side of
the building, from Pottery Avenue, and the exterior building treatment for that entry way
shall be same as the exterior building treatment for the public access on the west side of
the building.
SECTION 6. 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, signed by the
mayor and attested by the clerk in authentication of such passage this 22nd day of
August, 2005.
KIM E. ABEL, MAYOR
APPROVED AS TO FORM: Sp ons , r d by:
//
,,,,,,-
hsf; City Attorney_ Ron Rider, Councilmember
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Ordinance No. 019-05
Page 4 of 6
ATTACHMENT A
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:
BEGINNIGN 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 260.0 FEET; THENCE SOUTH 0'23' WEST 165.5 FEET TO POINT OF
BEGINNING.
EXCEPT THAT PORTION LYING NORTH OF THE FOLLOWING DESCRIPBED 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
POIT "B" WHICH LIES NORTH 0'23' EAST 65 FEET FROM THE SOUTHWEST
CORNER THEREOF AND THE TERMINUS OF SAID LINE DESCRIPTION;
(ALSO KNOWN AS LOT "A" OF CITY OF PORT ORHCARD SHORT PLAT NO. PO-15,
RECORDED UNDER AUDIOOR'S FILE NO. 8006190061).
PARCEL II:
A 20 FOOT WIDE EASEMENT FOR ACCESS AND UTILITIES AS DESCRIBED IN CITY
OF PORT ORCHARD SHORT PLAT NO. PO-15, RECORDED UNDER AUDITOR'S
FILE NO. 8006190061 AND BEING A PORTION OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER, SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST,
W.M. IN KITSAP COUNTY, WASHINGTON.
PARCEL NUMBER LOT "A" 342401-4-029-2006
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PORT ORCHARD CITY OF ORD $45,N"O Kit -sap C'a4A
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CITY HALL 92 16 Prospect StreetJort Orchard, WA 98364
(360) 876-4407 * FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing Item 4A Meeting Date: August 22.,,2005
Glynis Casey
Subject: Berg Property 1,1148-R-1 ADDENDUM Prepared by: Assoc. Planner
............ ", .......... ................... ... .. . ................. .. 1-1--111 ............. .. .................... .. . ......... - ...... ................ ........ .. . ............................. _ .......... 1-1- .................
Summary
This addendum was prepared to provided staff comments to materials received on Tuesday, August 16,
and Thursday afternoon, August 18, The applicant submitted a revised site plan and narrative in
response to concerns raised at the August 8 City Council Meeting. Upon review of the resubmittal, staff
has proposed amending the conditions of approval regarding landscaping and access; and proposed
additional conditions regarding lighting and parking as noted below.
Proponent:
Paul Berg
General Recommendations:
1. Final Construction Plans shall meet all applicable code requirements.
Enciineering Recommendations:
2. Existing topography for adjacent rights -of -way must be included for the full width of right-of-way.
Slopes steeper than 25% shall be identified, such as by shading or cross -hatching.
3. Plans do not show the sidewalk in the final configuration. Pottery Avenue is classified as a
Collector. That means that the paving will be widened to provide 20 feet from the centerline with
curb/walk, street lights, power and franchise utility under grounding, storm collection system and
landscaping per City standards. Plans shall provide existing utilities, including franchised utilities
located below ground and also including existing drainage facilities that transport surface water
onto, across, or from the project site. Existing drainage pipes, culverts, and channels shall include
invert or flow line elevations,
4. The existing utility easement shall remain, unless a new utility easement and agreement are in
place at the time of issuance of the construction permit,
5. Any relocation of utilities shall be shown on the plans.
& Plans shall provide a cross section for the access road starting at the center of the Pottery Ave.
right-of-way.
7. Plans shall show proposed access improvements along Pottery Ave.
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PORT ORCHARD CITY OF ORD $45.@@ Kitsap 00, WA
Ordinance No. 019-05
Page 5 of 6
COVER PAGE FOR
ATTACHMENT B
&PPLICANT'S PROPOSED SITE PLAN
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PORT ORCHARD CITY OF ORD $45.00 Kitsap Co, WA
Ordinance No. 019-05
Page 6 of 6
200508300002
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08/30/2005 08:04A
PORT ORCHARD CITY OF ORD $45.% Kitsap Co, OR
CITY HALL • 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
I City oP
Port Orchard
lfl
Agenda Staff Report
Agenda Item Meeting
No. Public Hearing Item 4A Date:
Berg Property R1148-R-1
Subject: ADDENDUM Prepared by:
August 22, 2005
Glynis Casey
Assoc. Planner
Summary:
This addendum was prepared to provided staff comments to materials received on Tuesday,
August 16, and Thursday afternoon, August 18. The applicant submitted a revised site plan and
narrative in response to concerns raised at the August 8 City Council Meeting. Upon review of
the resubmittal, staff has proposed amending the conditions of approval regarding landscaping
and access; and proposed additional conditions regarding lighting and parking as noted below.
Proponent:
Paul Berg
General Recommendations:
1. Final Construction Plans shall meet all applicable code requirements.
Engineering Recommendations:
2. Existing topography for adjacent rights -of -way must be included for the full width of right-
of-way. Slopes steeper than 25% shall be identified, such as by shading or cross -hatching.
3. Plans do not show the sidewalk in the final configuration. Pottery Avenue is classified as a
Collector. That means that the paving will be widened to provide 20 feet from the
centerline with curb/walk, street lights, power and franchise utility under grounding, storm
collection system and landscaping per City standards. Plans shall provide existing utilities,
including franchised utilities located below ground and also including existing drainage
facilities that transport surface water onto, across, or from the project site. Existing
drainage pipes, culverts, and channels shall include invert or flow line elevations.
4. The existing utility easement shall remain, unless a new utility easement and agreement are
in place at the time of issuance of the construction permit.
5. Any relocation of utilities shall be shown on the plans.
6. Plans shall provide a cross section for the access road starting at the center of the Pottery
Ave. right-of-way.
7. Plans shall show proposed access improvements along Pottery Ave.
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8. The Plan must provide for both treatment and detention of storm water run-offs per City of
Port Orchard Storm water development standards.
9. The egress/ingress off Pottery must be at grade intersection with at least 35 feet radii with
handicapped accessibility at the cross -walk points.
10. The traffic study shall be amended to examine impacts based on the traffic generated from
the site any mitigation fee required for future modification of the signals at Pottery/Kitsap
and Pottery/Tremont intersections.
11. Any medical use of the buildings may require the installation of back flow devices to prevent
back contamination into the City water system.
12. Roof spouts off the new buildings must be either tight -lined into the storm system or
infiltrated per City standards.
13. The storm report can make assumptions regarding the Williams Property, but the report will
have to be reviewed for consistency when the Williams project has land use and is
submitted to the City for review and approval. If the storm system is approved and
constructed per the submitted report and then found inadequate to meet the requirements
of the Williams project, then additional stormwater improvements would be required. This is
at the risk of the developer.
14. The imposed access road alignment is esig to maintain the existing driveway to the
Fie#I Iama�rty to the west of the_subjci site and nomodificati modification to the existina easement
arovas1c t _is.. !rrapas d.at this time, r�ob.st.r ctc7 cc��s rorn a._pgb i, rtc i;-offs\. y° to the
1 �11_.iarca car _rTarict be constructed to meet Final ._
Lal ata s and easement r _prcvi iorr�>°rr7a��t_k Grp rr veel._P y Ch..-�ty...ti° !ng.er.
Planning Recommendations:
.44efe- r-e...s.truetu
struet rr cTMr- erg h s �r�t -t e a t� .e121ans-need-t;e-sliew
wl c�tfr r tl �e ucttr t e r p ;et ..,tor : tr � r -i r aw..mt8- e e.- tf :tufe -M-1 feet-ati
sed-aeeems eo
existi-nf -st-r :-tufes
15. ic-irscpe-p#rt wetrittefi=riew..a..tw+�-tirrc: Air-�r°1.f�raved.tciscape Plo i
fi.��q,ufr-ecJ_p��.k)r4--i�sua-nc...of- r e a4�ewed i
The ...a tore --Iari Fca e-.pli�ft-wi4i-flf cet�e-ifiek;rde--a-f -of 40Lakot�
k-efpg i 9e-Ir�otr�t to to-ext:t tfrra crrr�crcaliwltyabe per=eenedfra
e jfa-eetft:-i-e i efwt� al- es-e...
ar gil-ap rani-E y the-pdarilrg c gip :tr er t: i fie~ (it !_ roc ine rr has verified that. the
prod site pian can accommodate the iar�cisewapirrc req�,rirements provided in Chapter C4�
Section 12: Alternativ Oatirans.Prior to iSSUa lce ofsite devei ment 1?�rrrit;s, a Lands�_p
Plan me t:i�tlre a�rovision _of Ordin nce o__ � 7 t3,_Ch&Ilatc=rm 4�mra>t_bSubmitted and
glal rcayc?rj ! l ratla_ h _ ty rrc o.rT �cr ncl...thea_.�?I�rr riowacl Director.
16. Any planting in the right of way must be approved by The City Engineer.
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PORT ORCHARD CITY OF ORD $45.00 kitsaR Co, WA
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17. The developer will provide a bond to the City to assure proper landscaping maintenance
for two years after planting.
18. The trash enclosure
needs
c-efiiidered-tfnder- GA-G5--GG-;-A pf�:),eizty--�-)wnef
easeriiertts--en-t"f epef-ty--Af ry-ei-jf
d-jf)in4f lg-p-r-o per
&Fin-eetien
i-s--n,eees9af evise4-uea9ef nent-agfee ff ten-t-.
a- et-1. ef -I.-)y-4- he-affeeted j3,repefty.
table-.
"FN5--i
1.9�.,_Signage is not proposed at this time, however should be considered prior to approval of
or concurrent with the landscape plans. All signs shall be consistent with the requirements
of the Sign Code.
20.31 parking spaces are provided on the plan. 37 parking spaces are required to meet
minimum standards, however, when one or more scheduled transit routes provide service
within six hundred sixty (660) feet of the employment site and there is designated
pedestrian access; tiCity -F--RgiReef-fftay-fedufe,4he--RuffibeF-ef-fequiFc���,g
--The qr)p ca ha Jon
ji nt -edUd from the
.�rg��q ,A4g..�!gEtan '18% 1
Eggi&ed number of stalls. A bud stomp _i1lorN PgLt has been located on the site plan
demons ra 10R.that one or more scheduled transit routes 1. - ..-�ervjce within six hundred
sixty feet of the einoloyment site ar7d there is strian access to the site from the stop.
Two bic g p 'd The City_F - I _ 12 LgL) g,5 _q
;-rigineer -ias reviewed the
LLi n q ces - , t .... . ............ . . _�pj� =--�:im-p QM
parKing1prifiguration and will )rgy(,--W c 1.3 stalls to be siz(�'�d to accornrn dgg�oq act.
__ - : _�pL- M—
cLr&_ijo-d . p _a _p -LgLari
Loye _Dp -L
.sLhe reduction su ect to the submitlal-a.nd p!:o a oy�2e
IncentiKe,
PrQgrarn" consistinC of incentives Such as subsidized bus passes,and rtici ion
in Ktp,Transit's countvwide.pL fftdeshare Vehicle Rqg:stEgtiqLj The
E-q7pLoyoc=jncentive Pro am shall be SUbrnitted w -1d.a f2rqyg j,.jEior to Certificate of
. . . ..... ------- .. ........ 1--
Qc�ancy.
271-.-At4ea st-or-ie-bj(-'yek-,,---paf k i n g-spay e re q u re(-J--.-
_211. The siteplanidentifies a 5' concrete walkway _flusV�i with thg parking in front �of the
!�E_Q,5gjaion �9� 1. .-I�Lqyides that Access and walLC�AL�y5,_5MI.. be
pbysica il y --p se rated from
IqLiclscap erms arrLiers
grade sea e nsto.p m a ..destrians from vehicular traffic. The walkway
_@LCgj,.ion or other
needs W redf.si r7Cd to meet this standard.
dtd.ftQL5,afet of traffic and pedestrian
circulation on the site, as sr)ecifi(-,�d in the. . Buildj -.Code,-jJ h shall be clest at-d to
..........
minimize direct illumination of aLujLing_p LQperties and adjacent streets..
Fire
23. Fire flows will be established by the Fire Department.
24. 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 need to
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be submitted to the fire District so that further building and storage requirements may be
addressed.
25. Prior to issuance of the building permit, all construction plans shall be reviewed and
approved by the fire department.
Motion for consideration: I move to approve R1148-R-1 authorizing the proposed modification to
the site specific plan, subject to the conditions attached.
Fiscal Impact: None
Alternatives: Continue/Deny as submitted. If the application to modify the site plan is denied,
the applicant can pursue the site development and building permits for the approved site -plan
specific rezone.
Attachments:
1. Response to Comments dated August 16, 2005
2, Site Plan dated August 18, 2005
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08/36/2065 08:64A
PORT ORCHARD CITY OF ORD $45.60 Kitsap Co, OA
MDArchitects
Morley - De Loma Architects
August 16, 2005
Residential - Commercial Architecture
�_. _... .._r'
qq! ^
Attn' City of Port Orchard Planning Department
Y OFP0101
Subject: Paul Berg Office Building Project, Application R-1148-R-1 T:'L-<k�TNiNt? Df;',AR'rTA FAVr..
Northwest Corner of Pottery Ave and Kitsap Blvd,
SE Corner of the SE corner of Section 34, Township 24 North, Range 1 E W M.
The following narrative, accompanying proposed site plan and building plans submitted herewith is in
response to site plan review comments by the City of Port Orchard staff. Only the items pertinent to the
architectural scope of work are addressed in this letter. The items are numbered to correspond with the
comment numbers from the review comment document.
1) It is intended that the construction plans will meet all applicable code requirements.
9) The trash enclosure has been relocated and is proposed to be screened with landscaping and
secured with a perimeter fence
12) A note will be included in the plans to direct the downspouts for appropriate drainage
15) The total site area is 21,450 sq. ft. The proposed maximum impervious surface coverage (building and
improvements not Including sottscape features) Is 18,225 sq. ft, = 85% of site area
[< 85% (18,232 sq. ftJ allowed.) The SoftscapetHardscape area is 4,285 sq ft, which is 20% of the total site
area. A roadway corridor landscape buffer is proposed along Pottery Ave. to be located within the
10' right -of way, between the property line and the sidewalk.
Nevertheless, the 10' building setback previously demonstrated along Pottery Ave. will remain as
proposed. Along the West property line, a 7.5' wide landscape area with 6' wood fence is indicated.
The reduction in width from the required 10' was necessary to accommodate the required carpool
parking spaces. It is intended that landscape materials comply with section C4 of the Zoning Ordinance.
Shade trees are intended to be provided in the parking lot islands and Medians. Proposed landscape
materials provided shall be compatible with existing natural planting.
21) The plan proposes 31 parking stalls (18 "standard" and 13 "compact") which is an 18% reduction
from the required number of stalls. The appropriate number of handicap accessible stalls is provided
near the front of the building. There are two bus stops well within the max. 660' distance from the
building. With regard to transit and rideshare provisions and incentives, the building is expected to
contain less than 25 employees at any given time. Nevertheless, the owners and tenants intend to
encourage ride sharing, bus passes. and alternative means of transportation to the building. Therefore,
it is proposed that a minimum of three parking stalls be designated "carpool." Each of those stalls is
_intended to displace two required stalls. Also, the building will be equipped with a bicycle rack for a
minimum of two bikes, which is intended to displace one parking stall.
Sincerely,
Gregory D. Morley
Principal/Project Architect `
3220 North 2611 Street Tacoma; WA 9840 Ph 253.756.1652 Fx 253.756.2025 mdGmdarchhects.net
200503300002
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