1911 - Ordinance - Amending Ordinance 1653 by Approving Revised Site Specific PlanCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
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ORDINANCE NO. 1911
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING PORT ORCHARD ORDINANCE NO. 1653 BY APPROVING
A REVISED SITE SPECIFIC PLAN, FOR PROPERTY LOCATED AT
1989 BETHEL AVENUE, APPLICATION NO. R-1121 AMENDED.
TAX NO. 362401-2-007-2004
LEGAL DESCRIPTION: NW '% of the SW '/ OF SEC. 36, TOWNSHIP 24
N, RANGE 1 E, W.M.
SEE ATTACHED EXHIBIT "A."
WHEREAS, BUCHANANLINGENBRINK, LLC, C/o Earl Buchanan Development Group
LLC submitted an application, dated June 19, 2003, requesting approval of a revised site specific plan, as
originally approved with City Rezone R-1121, Ord. No. 1653, which approved a Rezone of the subject
property from R4.5 to Commercial to construct a two-story office building on property described in Exhibit
"A". The application was assigned city file number R-1121 Amended; and
WHEREAS, the City Council held a public hearing on July 28, 2003 to consider the
revisions to the site specific plan, that included the construction of approximately 7,300 s.f. of medical
office building, utilities, parking and landscaping; and being fully advised, the City Council finds and
concludes as follows:
TESTIMONY AND EXHIBITS
The Council 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. Memorandum dated July 21, 2003 to Mayor Weatherill and the City Council
re: 1989 Bethel Site Plan Modification Review.
B. Application for site plan review (with attachments) dated June 19, 2003.
C. Revised site plan as received June 19, 2003, attached hereto as Exhibit "B".
2. Rob Wenman, City Planner, explained the circumstances of the proposed
modification and reviewed staff's recommendations.
3. Sandy O'Donell testified that she owns a building across the street from the site and
she is concerned about access and increased traffic. She questioned whether the
entrance to the site might be relocated to mitigate the traffic concerns.
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Ordinance No. 1911
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4. Ruth Ann Devlin testified that she owns a bookstore across the street. She is also
concerned that this project will increase traffic along a section of the road that is
already hazardous because people are turning left into the Post Office.
5. Joe Hedstrom testified that he had been thinking of buying some property adjacent to
the site but had been told that it was Class V wetlands. He questioned why this
applicant was allowed to build on the site when the adjacent land was not buildable.
6. Pat Fuhrer, project engineer, testified on behalf of the applicant. He indicated that if
egress and ingress were moved to the south, it would mean the building would sit
higher on the site. He also stated that the applicant could live with the stormwater
conditions recommended by staff.
7. David Grellier, architect, testified on behalf of the applicant and in support of the
proposed site plan modification.
FINDINGS
Based upon the above testimony and exhibits, the City Council finds as follows:
1. In 1996, the City Council adopted Ordinance 1653, which approved a site plan
specific rezone for the subject property.
2. On June 19, 2003, the property owner submitted an application for site plan
modification.
3. The applicant proposes to construct a 7,300 square foot medical office building. Site
amenities will include a 36-stall parking area, underground detention piping and
biofiltration swale for stormwater, screening landscaping or fencing along the south
and east property lines, and a northwest -style fagade building. Ingress and egress
will be on the north side of the site.
4. The site is designated Commercial — Retail and Office by the Comprehensive Plan
and the City Zoning Map.
5. Part 2, Section 11 of the City of Port Orchard Planning and Development Procedures
provides that 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 the modified site plan
after conducting a public hearing. The City Council may subject the modified site plan
to new conditions.
6. The applicant has not objected to any of the recommendations set forth in staff's July
21. 2003 memorandum.
CONCLUSIONS
1. The Comprehensive Plan's designation for the subject property is Commercial —
Retail and Office and the proposed development is consistent with the goals and
policies of the Comprehensive Plan.
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Ordinance No. 1911
Page 3 of 3
2. The site plan modification 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 the Comprehensive Plan.
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 Findings and
Conclusions set forth herein, the revised site specific plan for the property located at 1989 Bethel Avenue,
application number R-1121 amended, is hereby approved subject to the conditions set forth in the
Memorandum dated July 21, 2003 attached hereto as Exhibit "C"
SECTION 2. That prior to final construction plan approval, the City Engineer shall concur
with the adequacy of the ingress/egress for traffic safety.
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 11th day of August 2003
LESLIE J. WEATHERILL, MAYOR
ATTEST,
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Carol Etgen, nt rim City Q erk
APPR
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d)Ltv`"W John Clauson, Councilman
City Attorney
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Ordinance No. 1911
EXHIBIT "A"
Legal Description
That portion of the Northwest Quarter of the Northwest Quarter, Section 36, Township 24 North,
Range 1 East, W.M., in Kitsap County, Washington, described as follows:
Beginning at the Southwest corner of said subdivision; thence North 115.5 feet; thence East to a
point on the Easterly margin of State Highway No. 14, said point being the true point of beginning
of the property herein described; thence East 320 feet; thence South 115.5 feet, more or less, to
the south line of said northwest Quarter of the Northwest Quarter; thence West along said South
line of said subdivision to the East margin of State Highway No. 14; thence northeasterly along
said East margin to the true point of beginning.
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Ordinance No.1911
Exhibit "C"
Planning:
1. There is an existing residence on- site. A demolition permit will be required.
2. One significant tree is on site, and is proposed to be removed. The tree will be replanted at
a ratio of 3:1. One 26" dbh Maple Tree is located on the adjacent property to the south, and
will require a root protection zone during construction equal to 1 foot radius for every 1 inch
of tree dbh unless individual tree evaluation by a certified arborist recommends modification
to the guidelines. It shall be identified prior to construction with a temporary 5 foot high
chainlink or orange mesh fence.
3. A separate sign permit is required, and approval by the City Council will be required if the
sign is to be located within the dedicated row.
4. The west 20 feet of the property shall be deeded to the City as right-of-way in accordance
with Resolution Number 2030.
5. Final Landscape Plan shall be consistent with Chapter C4 of the Zoning Ordinance No.
1784.
6. A lighting plan shall be submitted and approved prior to issuance of any permits.
7. A pedestrian link shall be provided to the adjacent Post Office site.
Stormwater
8. This Proposal is a Major Development as defined in the City of Port Orchard Municipal
Code, Chapter 15.32 Stormwater Management and as such shall require an
Excavation/Stormwater Permit from the Public Works Department.
9. Application submittal documents in accordance with the minimum requirements as
specified in Chapter 2 of the City of Port Orchard Stormwater Design Manual.
10. A clearing plan is required with the Excavation/Stormwater Permit. Clearing limits shall be
flagged and inspected by the Department prior to clearing.
11. 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 of
Excavation/Stormwater Permit Application.
12. 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. A
civil engineer licensed in the State of Washington shall prepare the submittal documents.
The fees and submittal requirements shall be in accordance with the City Code in effect
at the time.
13. Any offsite improvements that create additional impervious surface such as lane widening
or roadway improvements are required to provide stormwater mitigation in accordance
with the City of Port Orchard Municipal Code, Chapter 15.32 Stormwater Management.
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14. The project proponent shall be responsible for installing any necessary off -site
downstream drainage improvements. Procurement of any permits or easements
necessary to install off -site improvements shall be the responsibility of the project
proponent.
15. A Level 1 Downstream Analysis is required in accordance with the Chapter 2 of the City
of Port Orchard Stormwater Design Manual.
16. The design of the stormwater quantity control facility will be in accordance to Chapter 5 of
the City of Port Orchard Stormwater Design Manual.
17. The design of the stormwater quality control facility will be in accordance to Chapter 6 of
the City of Port Orchard Stormwater Design Manual.
18. All stormwater system improvements will be completed prior to approval of the Final Plat
and issuance of any building permit applications.
19. When construction on a site has not been completed and approved by the City by
October 1 of a given year or exposed ground surfaces are not permanently stabilized by
that date, no work shall be permitted on the project site until Level 2 Erosion and
Sedimentation Controls have been implemented on the project site. Level 1 Erosion and
Sedimentation Controls area required on site at all times during construction.
20. Recorded covenants for the performance of the Erosion/Sedimentation Control Facility
and Stormwater Maintenance and Operation is required and must be submitted to the
City for acceptance prior to final Plat approval.
21. The Engineer of Record shall certify that the as -built live and dead storage detention
barrel volumes meet the design criteria.
22. The Engineer of Record shall certify that the as -built water quality treatment facility meet
the design criteria.
23. Contractor is responsible for permanent stabilization and restoration of the project site.
24. Submit As -built construction plans with two sets of blueprint copies to Public Works Plan
Center. As -built drawings will accurately represent construction changes accepted by the
City due to unforeseen field conditions or plan design improvements. Include all sheets
containing road and drainage plans, profiles, and associated details. As -built drawings
will be stamped RECORD DRAWING and be certified by a professional engineer or land
surveyor.
25. Submit Electronic Media of the As -built drawings for road and site layout, water and
sanitary sewer, and stormwater facilities that accurately represent construction changes
accepted by the City due to unforeseen field conditions or plan design improvements.
26. Submit the Operation and Maintenance Manual for review and acceptance by the
Department of Public Works prior to approval of the final plat. The Manual shall be
prepared by a Professional Engineer and meet the requirements of Public Works.
27. All tanks and vaults shall be designed as flow through systems unless separate sediment
containment is provided.
28. 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
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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 a suitable bedding.
Tanks and vaults shall not be allowed in fill slopes, unless analyzed in a geotechnical
report for stability and construction practices.
29. 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 inlettoutlet 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.
30. All risers are required to have solid lids.
31. All tank and vault access openings shall have round, solid, locking lids using 1/2"
diameter allen head screw locks.
32. Bends are not permitted in storm drainage pipes. For all piped drainage systems,
connections may only be made at a structure, such as a catch basin or manhole. Tees,
wyes, saddles, or other types of connections to storm drainage pipes will not be
permitted, EXCEPT that on private property, pipes smaller than 8" that are to be privately
maintained may have tee and wye connections.
33. Stormwater will not be permitted to discharge directly onto the surface of any City road.
For example, drainage from downspouts, roofs or subsurface drains will not be permitted
to discharge into roadside gutters through openings in curbs. Also, concentrated
drainage will not be permitted to discharge so as to flow across sidewalks or over curbs.
Fire
Fire department access appears to be adequate and must consist of the following:
34. Fire apparatus access roads shall have an obstructed width of not less than 20 feet.
35. A turnaround shall be provided at the end of the main driveway for Fire Department
Apparatus use. As discussed a hammerhead style turnaround will be acceptable
36. The turning radius of a fire apparatus access road shall be a minimum of 35 feet inside
diameter and 48 feet outside diameter.
37. Before any construction related to this project is initiated, the fire hydrant and access roads
shall be installed and approved by Fire District 7 and the City of Port Orchard. Access
roads shall be designed and maintained to support the imposed loads of fire apparatus
(60,000 pounds) and must have a surface that provides all-weather driving capabilities.
38. Curbing along entryway shall be clearly identified as no parking area. "NO PARKING -TOW
AWAY ZONE" on a contrasting background is acceptable.
39. Fire hydrants were not shown on the plans submitted. When any portion of a building
protected is in excess of 150 feet from a water supply on a public street, as measured by
an approved route around the exterior of the building, on -site fire hydrants and mains
capable of supplying the required fire flow shall be provided. It appears that the building
will be approximately 7,000 square feet of Type V-N Construction.
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40. In accordance with the Fire Code, a minimum of 2,250 gallons of water per minute,
provided by at least three(3) fire hydrants, will be required to provide adequate fire flow
for the building. The Fire District will not be able to support the approval of this project,
until all of this information is received and reviewed by the Fire District. Also, if the
building is fully protected throughout by an approved automatic fire sprinkler system
installed meeting National Fire Protection Association Standard 13, the required fire flow
may be reduced by 50 percent, but shall not be less than 1,500 GPM.
41. Buildings shall be constructed in accordance with the provisions of the Uniform Fire Cade,
and the Uniform Building Code, as adopted and enforced by City of Port Orchard. All
construction shall be in accordance with Article 87, Fire Safety During Construction,
Alteration or Demolition of a Building.
42. 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.
43. If use, storage or handling any flammable or combustible liquids or hazardous materials,
information on the type and quantities of materials shall be submitted to Fire District
Prevention/Education office so that further building and storage requirements may be
addressed.
44. Dumpsters shall not be located within 5 feet of a building opening or within 5 feet of
combustible walls or combustible roof eaves.
45. A final inspection of the occupancy will be required, by a member of the Fire District 7
Prevention/Education office, before a Certificate of Occupancy is issued from the City of
Port Orchard. All requests for inspections must be made to the Fire District 7
Prevention/Education Office at least two business days in advance.
46. All aspects of the design must comply with all applicable codes and standards. Should
additional information become available, these conditions may require modification.
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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 August 11, 2003.
ORDINANCE NO. 1911
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD ORDINANCE NO. 1653 BY APPROVING
A REVISED SITE SPECIFIC PLAN, FOR PROPERTY LOCATED AT
1989 BETHEL AVENUE, APPLICATION NO. R-1121 AMENDED.
Copies of Ordinance No. 1911 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. 1911 will be
provided at a nominal charge.
City of Port �Orchharrd�
�4 Ct��"a
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
August 20, 2003
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