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1943 - Ordinance - Amending Ordinance 1748 by Amending Zoning MapCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 I IIIIIIIII IIIIIIIIII IIIIII IIII IIII III II II II IIII 0Page: 18%106 2004E60 5 PO PORT ORCHARD CITY OF ORD $28.00 Kit.sap Co, WA ORDINANCE NO. 1943 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1748 BY AMENDING THE CITY OF PORT ORCHARD ZONING MAP TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY FROM R4.5 TO CO SUBJECT TO THE CONDITIONS OF THE APPROVED 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, which application was assigned file number R-1148; and WHEREAS, A Determination of Non -Significance was issued on August 13, 2003; and WHEREAS, the Planning Commission considered the application at a Public Meeting on April 19, 2004, continued the public meeting to May 03, 2004, and recommended approval of the application; and WHEREAS, the City Council held a pubic hearing on May 24, 2004; and WHEREAS, the Comprehensive Plan designation for the property is Commercial 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 in harmony with the general purposes of the Zoning Ordinance, Growth Management Act, and Comprehensive Plan; and Ordinance No. 1943 Page 2 of 10 WHEREAS, being fully advised, the Council finds and concludes as follows: FINDINGS AND CONCLUSIONS The Council adopts the findings and conclusions set forth in the staff report and planning commission resolution number 005-04 as its own, a copy of which is attached as Attachment "B" and incorporated by this reference; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION 1. Based upon the 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 classification of the property described in Exhibit "A" from R4.5 to CO, subject to the conditions set forth in Planning Commission Resolution Nos. 005-04 attached hereto as Attachment "B", with an added condition that the east side of the building have an entrance to match the front side of the building. SECTION 2. This rezone is site plan specific to the Berg Office/Patient Clinic, R- 1148. 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 (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 14`" day of June, 2004. e"-v� F . ATTEST: V Carol L.t tgen, City itlerk APPR VED S TO FORM: 4sjr City Attorn KIM E. ABEL, MAYOR John Clauson, Councilman Illlll lllll llllll illll lilll llll llllll ill llill llll llll 200406160250 16 2 PORT ORCHARD CI Ordinance No. 1943 Page 3 of 10 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 0123' 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 AUDIOTR'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 IIIIII IIIII IIIIII IIIII IIIIII IIII IIIIII III IIIII IIII III E200406160250 21 PORT ORCHRRD CITY OF ORD $28.00 Kitsap Co, WR ATTACHMENT B CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 005-04 Ordinance No. 1943 Page 4 of 10 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE APPROVAL OF R-1148 TO REZONE PROPERTY, KNOWN AS THE BERG PROPERTY, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF POTTERY AVENUE AND S. KITSAP BOULEVARD FROM R4.5-RESIDENTIAL TO CO - COMMERCIAL TO ALLOW FOR THE CONSTRUCTION OF A 4400 S.F. OFFICE BUILDING ALONG WITH A SITE DEVELOPMENT PLAN INCLUDING THE SHARED EASEMENT FOR INGRESS, EGRESS AND UTILITIES TO THE ADJACENT PROPERTIES TO THE NORTH AND WEST (4-046 & 4-030). THE PROPERTY IS FOUND IN SECTION 34, TOWNSHIP 24N, RANGE 01E, WM, CITY OF PORT ORCHARD, COUNTY OF KITSAP. ASSESSOR'S ACCOUNT N UMBER: 342401-4-029-2006 WHEREAS, A Mitigated Determination of Non -Significance was issued on August 27, 2003; and WHEREAS, the Planning Commission held a Public Meeting for the Rezone on April 19, 2004, continued to May 03, 2004; and WHEREAS, the proposed purpose of the rezone request is to accommodate the community interest to utilize the parcel as a Professional Medical Office; and WHEREAS, the rezone was subject to conditions of CA-05-00 regarding access and use; and WHEREAS, the applicant has adequately demonstrated that the access from S. Kitsap Blvd is acceptable; and; WHEREAS, the application as submitted is in compliance with all preliminary requirements of the City Zoning Ordinance in regard to parking and landscaping, the adopted stormwater manual, and Building and Fire Code, and as such demonstrates compliance with the Goals and Policies expressed in the City Comprehensive Plan; and, WHEREAS, the Planning Commission heard testimony in favor of the proposal and none in direct opposition from the applicants and the community; and therefore CONCLUSION, Based upon the attached findings and conclusions; along with the testimony; staff report; planning memo dated April 20, 2004; and materials presented at the meeting, we therefore conclude the application conforms to the requirements of the Zoning Ordinance and as such, is found to be a furtherance of the health, safety, morals, and general welfare of the goals of the community and the City's Comprehensive Plan, II IIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIII 200406160250 2of PORT ORCHARD CITY OF ORD $28.00 Kitsap Cu, WA Ordinance No. 1943 Page 5 of 10 BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the Council approve the rezone request, R-1148, to rezone the subject property from R4.5-Residential to Co- " Commercial -Retail and Office" , together with the approval of the Ste Specific Plan, asconditioned below. PASSED this03rd day of May 2004. Rob Wenman City Planner CITY OF PORT ORCHARD PLANNING COMMISSION Gil Michael, Chair 11JI Jill 8600406f 60 250 HRRO CITY OF ORD $28.% Kit.snp CO, WR18 52P Ordinance No. 1943 Page 6 of 10 FINDINGS APPLICABLE COMPREHENSIVE PLAN GOALS and POLICIES The following findings based on the goals and policies from the Comprehensive Plan pertain to this Rezone application (Departmental comments follow the staff report for your review): Vision - - Goals and Policies Ensure the health, safety, and welfare of all citizens. o The City shall create physical improvement to enhance neighborhoods and protect areas from incompatible uses Achieve an environmental and economic balance. o The City shall provide a balanced mixture and distribution of land uses. Findings: I. The proposed rezone from R4.5-Residential to CO -Commercial -Office and Retail supports the construction of a professional medical office building consistent with the comprehensive plan designation for the property. The Commercial Zone is the appropriate zone for these facilities. 2. The proposal is consistent with the character of the development along South Kitsap Boulevard and Pottery Avenue that have been evolving as a mix of professional office, medical, multi- family, senior care facilities and commercial, implementing local planning goals for coordinated high quality commercial development. 3. The applicant is proposing to locate a new access point to the site from S. Kitsap Boulevard as conditioned in CA-05-00, and to functionally screen the neighboring residences to the north with landscaping. 4. The proposed rezone from R4.5 Residential to Commercial is in conformance with the Comprehensive Plan Designation for this site, and therefore the proposed rezone would maintain a balance mixture and distribution of land uses. Economic — Goals and Policies The City shall promote and encourage attractive residential neighborhoods and commercial areas, aesthetically pleasing buildings, and well -designed pedestrian amenities. Findings: 5. The proposal includes a building and site plan design that is intended to compliment the existing Harrison Hospital health campus and similar uses along Pottery Avenue. 6. Site improvements include a pedestrian friendly walkway from the building to the sidewalk along S. Kitsap Boulevard. Transportation - - Goals and Policies • Provide access for the disabled. o The City shall meet the requirements of the Americans with Disabilities Act. 1111III 111111 11�111111111 200406160250 2 2 PORT ORCHARD CITY OF ORD $28.66 Kitsap Cr,, WA Ordinance No. 1943 Page 7 of 10 Findings: 7. A van accessible parking space is required by the Washington Administrative Code (WAC) 51- 30. The proposed plans meet these specifications. Land Use -- Goals and Policies • Maintain an attractive and high quality environment. o The City shall require creative design and landscaping to control the impacts of commercial, residential, public, and industrial activities which may adversely affect neighboring uses. Findings: 8. The applicant has submitted a preliminary landscape plan. A final landscape plan meeting City requirements will be required prior to the issuance of the building permit. General Findings 9. An Office/patient clinic is a permitted use within the CO zone (Ch B3, pg 97, "Use Tables"). 10. A Rezone to "Commercial- Retail and Office" is consistent with the Comprehensive Plan designation of "Commercial" for the site. 11. The applicant has provided a Site Specific Plan, pursuant to Ch. 1, Section 1 1 e of the City's Planning and Development Procedures, (Resolution. 1844), that includes a site plan, landscape plan, building elevation plan and stormwater control plan as a consideration of Rezone Approval. 12. The site is served by City of Port Orchard for both the fire flow and domestic water. 13. The site is served by the City of Port Orchard for sewer. There is adequate capacity in the sewer system and treatment facility for this project. 14. The project has presented a plan that illustrates the ability to meet the parking demand needs of the project. 15. Fire department access around the building appears to be adequate as indicated on the plans. 16. In accordance with the Fire Code, a minimum of 1,750 gallons of water per minute, provided by at least two fire hydrants, will be required to provide adequate fire flow for the building. The plans showed two existing fire hydrants that will provided adequate fire flow for 4,000 square feet. Should the building or site change further review shall be done by the Fire District. 17. A 20' wide egress, ingress and utility easement straddles the northern property line. This easement provides access from pottery Avenue, and is shared by the three parcels considered under CA-05-00. 18. A new access easement will be created to allow the neighboring parcels use of the new access from South Kitsap Boulevard. CONCLUSIONS 1. The Rezone of the subject property, together with the site Specific Plan to construct a medical office building, is found to be consistent with City Ordinance No. 1809, which authorized the Comprehensive Plan Amendment, and limited to the use to professional office/medical clinic type uses at this site. 2. The applicant is coordinating with the adjoining two property owners that were parties to CA-05- 00, to address access and utility easement requirements that will continue to provide for access IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: gg gp 06f 10 1 550 PORT ORCHARD CITY OF Ordinance No. 1943 Page 8 of 10 and utilities to the residences as well as accommodate the future commercial development of the properties. 3. A property owner is responsible for the provisions of existing easements on the property. Any existing utilities located on or that cross the property for use by adjoining properties, which require relocation or are damaged by the proposed construction, will need to be addressed by new easement agreements. If a new connection is necessary, this would also need to be addressed through a revised easement agreement. 4. The proposed Site Specific Plan which includes the proposed Building Elevation Plan, Site Plan, Landscape Plan, and Storm drainage Plan is found to be consistent with the City's adopted Regulations regarding site development, and a furtherance of the interests of the City. 5. The application proposal demonstrates that appropriate provisions have been made to meet the parking needs of the proposed building at this site; 6. The proposal, as conditioned, is found to be in conformance with the adopted goals and policies of the Comprehensive Plan. 7. The proposed Rezone and use of the site is not detrimental to the health, safety, and welfare of the community and is in harmony with the general purposes of the City's adopted Zoning Ordinance, Comprehensive Plan, and the Growth Management Act. IIIII IIIII IIIIII IIII IIIIII IIII IIIIII III IIIII IIII IIII 600 200 f 16 52 0 PORT ORCHARD CITY OF ORD Kitsap Co, NP Ordinance No. 1943 Page 9 of 10 CONDITIONS OF APPROVAL General: 1. Final Construction Plans shall meet all applicable code requirements. Stormwater Plan: 2. Match report data for detention tank design. 3. All tanks and vaults shall be designed as flow through systems unless separate sediment containment is provided. 4. All tanks and vaults shall meet structural requirements for overburden support and traffic loading, if appropriate. HS-20 live loads shall be accommodated for tanks and vaults lying under roadway or parking areas. Metal tank end plates shall be designed for structural stability at maximum hydrostatic loading conditions. Flat end plates generally require thicker gage material than the pipe and/or require reinforcing ribs. Tanks and vaults shall be placed on stable, well consolidated native material with suitable bedding. Tanks and vaults shall not be allowed in fill slopes, unless analyzed in a geotechnical report for stability and construction practices. 5. CMP access risers: Outside of any areas subject to vehicular loads, 36-inch minimum diameter CMP access risers of the same gage as the tank material may be used for access along the length of the tank and at the upstream terminus of the tank if the tank is designed with a common inlet/outlet so that it is a backup system rather than flow through system. The Director may allow risers in traffic areas with an appropriate traffic bearing design. 6. All risers are required to have solid lids. 7. All tank and vault access openings shall have round, solid, locking lids using 1/2" diameter allen head screw locks. 8. For all piped drainage systems, connections may only be made at a structure, such as a catch basin or manhole. Stormwater Report: 9. The report shall be revised to meet the following requirements: • Two basins exist on the site and need to be referenced in the report. • The undeveloped area of the site will bypass the storm system and should be counted as bypass area. Please show how this area will drain into the proposed storm system. • The calculated Tc values are in question. Please verify the lengths and slopes used. • Curve numbers used are questionable. Is the existing and developed land cover the same? • The existing and developed conditions maps fail to show the pervious time of concentration route with starting elevations, lengths, slopes and specific ground coverages. • The Assessors Office lists the site area as 0.49 acres. The report total developed area is listed as 1.01 acres. It does not appear that there is 0.52 acres of offsite area contributing. The existing conditions show 0.68 acres. Please clarify. Fire: 10. Prior to building permit issuance, the Fire Department shall approve the site plan to ensure adequate access is provided. Planning: 11. A Lighting Plan shall be required prior to site construction. Lighting of off-street parking areas shall be provided for safety of traffic and pedestrian circulation on the site, as specified in the 11111111111111111111111111111111111111111111111111111 6/1200 f 52P PORT ORCHRRD CITY OF ORD Kitsap Co,WR Ordinance No. 1943 Page 10 of 10 Uniform Building Code. Lighting shall be designed to minimize direct illumination of abutting properties and adjacent streets. The City Engineer shall have the authority to waive the requirement to provide lighting. 12. 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. 13. Any relocation of utilities shall be shown on the plans. 14. An access easement extending the access to the west and north property lines and the associated maintenance agreement is required to be in place prior to the approval of construction plans. 15. Prior to issuance of the building permit the shared access driveway to the adjacent properties shall be constructed. 16. Prior to the issuance of the Certificate of Occupancy, the existing access shall be closed. 17. A Final Landscape Plan is required to be submitted and approved prior to issuance of a building permit. Water/Sewer: 18. Any septic tanks on the property must be pumped out by a certified Kitsap County septic pumper. The tank must then be properly abandoned (filled with dirt). The pumping receipt and record of abandonment must be submitted to the Health District. 19. Any wells on the property must be properly abandoned. 20. A Building Clearance for Sewered Properties is required from the Health District prior to issuance of each building permit. These will each require a binding water availability letter and sewer availability letter. 21. Appropriate utility easements are required to be in place prior to the approval of construction plans. CA-05-00 Consistency 22. All conditions of approval listed for CA-05-00 shall be met. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 8 016 04 084 10520 PORT ORCHFRO CITY Of ORD $20.00 P 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 June 14, 2004. ORDINANCE NO. 1943 AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1748 BY AMENDING THE CITY OF PORT ORCHARD ZONING MAP TO CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY FROM R4.5 TO CO SUBJECT TO THE CONDITIONS OF THE APPROVED SITE -SPECIFIC PLAN KNOWN AS THE BERG OFFICE/PATIENT CLINIC. Copies of Ordinance No. 1943 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. 1943 will be provided at a nominal charge. City of Port Orchard r; Michelle Merlino Deputy Clerk Publish: Port Orchard Independent June 23, 2004 Kitsapleeals(o)soundoublishina. com