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010-15 - Resolution - Final Plat Appoval Known as Frederick's LandingIntroduced by: Development Director Requested by: Development Director Drafted by: Development Director Reviewed by: City Attorney Introduced: May 26, 2015 Adopted: May 26, 2015 RESOLUTION NO. 010-15 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR AN 18 LOT SUBDIVISION KNOWN AS FREDERICICS LANDING, LOCATED ON THE EAST SIDE OF SIDNEY AVENUE, APPROXIMATELY 70o FEET SOUTH OF THE SIDNEY AVE/GOLDENROD STREET INTERSECTION, IN PORT ORCHARD AND ACCEPTING TWO CASH SET ASIDES IN LIEU OF PERFORMANCE/MAINTENANCE OF CERTAIN PRELIMINARY PLAT CONDITIONS. WHEREAS, on August 11, 20o8, the Port Orchard Hearing Examiner approved Subdivision Application No. 08-02, which gave conditional approval to preliminary plat for a subdivision known as the Williams Plat (which was subsequently renamed Frederick's Landing); and WHEREAS, on May 5, 2015, the city approved a minor plat amendment to the Frederick's Landing Preliminary Plat; and WHEREAS, on March 31, 2015, M&P Builders, Inc. submitted an application for final plat to the City; and WHEREAS, in order to approve the final plat, the City Council is required to make findings as required by RCW 58.17.170 that the plat meets all of the requirements of chapter 58.17 RCW, that the subdivision conforms to all terms of the preliminary plat approval and that the subdivision meets the requirements of other applicable laws; and WHEREAS, in the Staff Report dated May 12, 2015, the City Staff has provided its recommendation on the findings that the City Council is required to make in order to approve the final plat; and WHEREAS, in addition to the recommendation in the Staff Report, the director of the Port Orchard Public Works Department has determined that the proposed means of sewage disposal and water supply for Frederick's Landing are adequate and recommends approval of the final plat; and WHEREAS, pursuant to RCW 58.17.160(1), the City Engineer has reviewed the layout of the roads, streets and other structures, and recommends approval of the final plat; and Resolution No. 010-15 Page 2 Of 11 WHEREAS, pursuant to RCW 58.17.195, the City Council finds that the final plat is in conformity with all applicable zoning and land use controls; and WHEREAS, based on the above, the City Council finds that Frederick's Landing conforms to all terms and conditions of the preliminary plat approval and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances, with the exception of conditions No. 3, 5, 6, and 7, which are met with the applicant's submission of a Cash Set Aside for performance and maintenance; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1: Based on the staff report and the information presented at the City Council meeting in which the final plat application for Frederick's Landing was discussed, the Port Orchard City Council approves the final plat for Frederick's Landing, as illustrated in Exhibit A and as legally described in Exhibit B. The City Council hereby adopts the agenda staff report dated May 12, 2015 by reference and incorporates it herein as Exhibit C. The City Council authorizes the Mayor to approve the face of the plat prior to recording. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 26th day of May 2015. ATTEST: �° :�_ Brandy nears n, CM , ity Clerk Timothy, , Matthes, Mayor Tfp''�, :s E�L • i 4 Q Q r€ n N HI W Ot ~ Q ca bpi a3 O W g3 �''b'�i gill�o Lp p W Le2lxi� � � m QPi cC2xa ua U � p (U� L U W A. fNn Q DSSO x $Y O p° (yO�p: a O J g 3 � _ 2� \71 3 y0 YW2 tir7 N O� W z� 02 �3 W QN ° U 8 Ym p. 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This preliminary plat application has not yet expired because the Washington State Legislature recently amended state law to extend preliminary plat approval for a period of seven years, if the date of preliminary plat approval is on or before December 31, 2014. The new plat owner subsequently requested a minor amendment to the approved preliminary plat making minor changes to the interior lot and track configuration. The City approved this minor plat amendment on May 8, 2015. This minor plat amendment is not yet final, because it is still subject to an appeal period until May 29, 2015. On March 31, 2015, the owner of the preliminary plat applied for final plat approval. Pursuant to RCW 58.17.170, in order to approve a final plat, the City Council must make written findings that: • The subdivision conforms to all terms of the preliminary plat approval; • That the subdivision meets the requirements of chapter 58.17 RCW; and • That the subdivision meets the requirements of other applicable laws, including the City's subdivision ordinance (as it existed when the preliminary plat was approved). Procedure: The City Council is not acting in its quasi-judicial capacity and a public hearing is not scheduled. Instead, the City Council makes a decision based upon the Staff recommendation and information in the administrative record. Summary: Staff has reviewed the Frederick's Landing final plat application and has determined that the application meets all of the above conditions, as shown below. The only exceptions are preliminary plat condition numbers 3, 5, 6, and 7, which require that street trees be planted or bonded prior to final plat approval. Pursuant to RCW 58.17.130, the developer may propose to bond or sign a cash set aside agreement with the City in lieu of actual construction/completion. Here, the developer has posted a performance cash set aside for this purpose (which is attached). Resolution 010-15 Exhibit C Here is a summary of the preliminary plat conditions' and the Staff's recommendation on each: 1. The preliminary plat was approved contingent upon the Council's approval of a rezone (R-1171). Staffs Recommendation: The rezone was approved on August 26, 2008, so this condition has been met. 2. All conditions identified by City Departments and agencies must be met prior to final plat approval. Staffs Recommendation: This condition depends on compliance with all other conditions — see below. 3. Prior to final plat approval, the landscaping must be bonded according to POMC Section 16.50.295. Staffs Recommendation: The subdivider has submitted a performance Cash Set Aside in the amount of $3,562.50, which takes the place of a bond. This Cash Set Aside requires installation of the landscaping required by condition Numbers 3, 5, 6, and 7 on or before May 31, 2017. This condition has been satisfied. 4. Prior to commencement of construction activities, protective fencing must be installed. Staffs Recommendation: This is a condition that was met during site development activities. 5. At the time of site development permit application, the applicant shall obtain City approval of a tree retention plan ... Staff Recommendation: A tree retention plan was submitted with the preliminary plat application and was approved as part of the landscaping plan for the site. All of the trees which were required to be retained have been retained or are set to be replaced in accordance with the city's tree retention requirements through the landscape Cash Set Aside in the amount of $3,562.50. This condition has been met. 6. Bonding for the required street trees shall be in place prior to final plat approval. Staff Recommendation: The subdivider chose to submit a performance Cash Set Aside instead of a bond. This Cash Set Aside has placed $3,562.50 in a bank account which cannot be touched by the developer until this requirement has been met. The street trees are required to be installed on or before May 31, 2017. This condition has been met. 7. A note shall be placed in the final plat that the required street trees must be maintained by the individual owners. Staff Recommendation: This condition has been met. 8. All single-family residences constructed in the plat shall meet the applicable dimensional bulk zoning requirements in effect at the time of building permit submittal. Staff Recommendation. This condition cannot be satisfied at final plat. 9. The subdivider was required to submit road names for the interior roads to the City for review and approval. Staff Recommendation: This condition has been met (Marcia Way). 10. Maximum spacing of fire hydrants is 400 feet between hydrants. Minimum fire flow of 1,000 gallons per minute, measured at a residual pressure of 20 p.s.i. is required for single family dwellings not exceeding 3,000 I As set forth in the City of Port Orchard Hearing Examiner Decision, No. SUBDIV 08-02, Williams Plat, Findings, Conclusions and Decision, dated August 11, 2008. These summaries of the conditions are for illustrative purposes only and do not take the place of the conditions in the preliminary plat approval. Page 2 of 6 Resolution 010-15 Exhibit C gross square feet. All other buildings require a minimum fire flow of 1,500 gallons per minute and may require more. Staff Recommendation: This condition has been met (confirmed per SKFD 4/27/15). 11. Hydraulic calculations or an on -site fire flow test conducted shall be provided to the Fire District, showing that adequate fire flow can be provided. This information will be provided and approved by the District before the District can approve any building permits. Staff Recommendation: This condition has been met (confirmed per SKFD 4/27/15). 12. Before construction on any lot, fire department vehicle access must be provided. Additional conditions for access roads are described. Staff Recommendation: This condition has been met (confirmed per SKFD 4/27/15). 13. The unobstructed width of a fire apparatus access road shall be not less than 20 feet and shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. Staff Recommendation: This condition has been met (confirmed per SKFD 4/27/15). 14. All dead-end fire apparatus roads in excess of 150 feet in length shall be constructed in accord with approved provisions for the turning around of fire apparatus. Staff Recommendation: The applicant was granted a variance to this condition under permit V-1188 issued October 3, 2008. 15. The turning radius of fire access roads shall be a minimum of 25 feet inside diameter and 40 feet outside diameter. Staff Recommendation: The applicant was granted a variance to this condition under permit V-1188 issued October 3, 2008. 16. The gradient of the fire apparatus road shall not exceed 12%. Staff Recommendation: This condition has been met (confirmed per SKFD 4/27/15). 17. Construction plans and profiles for the roads and storm drainage facilities shall be submitted to the City for review and acceptance. Staff Recommendation: This condition has been satisfied. 18. The preliminary plat is approved for the total number of lots or configuration of the lots and tracts. These parameters may be revised for the final design to meet all requirements of the Port Orchard Municipal Code. Staff Recommendation: This condition has been satisfied. 19. Prior to approval of the construction plan, all off -site easements must be recorded and submitted to the City. Staff Recommendation: This condition has been satisfied. 20. The proposal is a Major Development and will require a Stormwater Permit from the Public Works Department. Staff Recommendation: This condition has been satisfied. 21. Stormwater quantity control, quality treatment and erosion and sedimentation control shall be designed in accordance with the Port Orchard Developer's Handbooks in effect at the time of complete plat application. Submittal docs must be prepared by a licensed civil engineer, fees and submittal requirements are as required by City code. Staff Recommendation: This condition has been satisfied. Page 3 of 6 Resolution 010-15 Exhibit C 22. The project proponent shall be responsible for installing any necessary off -site downstream drainage improvements as identified within the downstream capacity analysis. Permits and/or easements necessary to install said off -site improvements shall be the responsibility of the project proponent. Prior to approval of the construction plat, all easements must be recorded and submitted to the City. Staff Recommendation: This condition has been satisfied. 23. The site plan indicated that greater than 1 acre will be disturbed during construction, so a NPDES permit is required prior to the issuance of the Stormwater Permit. Staff Recommendation: This condition has been satisfied. 24. Construction of pond berms that will impound a volume of ten acre-feet or more of water requires review and approval by DOE, which must be complete prior to issuance of the Stormwater Permit. Staff Recommendation: This condition has been satisfied. 25. The owner or homeowners' association shall be responsible for maintenance of the storm drainage facilities after construction. A Declaration of Covenants shall be recorded against the property, which guarantees the City that the system will be properly maintained. The Declaration must be worded to allow the City to inspect and perform the necessary maintenance in the event that the system is not performing properly. The Declaration will provide that if the City performs the work, the owner or homeowners' association will be billed for the work. Staff Recommendation: This condition has been satisfied in the attached covenants to be recorded. 26. The City is not responsible for any damage to private roads, tracts or easements areas during routine maintenance activities. Staff Recommendation: This has been added to the face of the plat to provide notice to the property owners. 27. Roads shall not exceed 12% grade. Staff Recommendation: This condition has been satisfied. 28. Horizontal curves for public roads shall have a minimum of 181 foot centerline radii unless a technical deviation is granted. Staff Recommendation: This condition has been satisfied. 29. Construction of handicapped access within existing or proposed City right-of-way shall conform to the ADA requirements. Staff Recommendation: This condition has been satisfied. 30. All lots except 1 and 3 shall access from interior roads only. This note shall appear on the face of the plat. Staff recommendation. This condition has been met. This condition has been satisfied. 31. The owners of property within the plat shall be responsible for maintenance of all roadway improvements and landscaping within the existing and proposed right-of-way including all strom drainage facilities and traffic signage. A note to this effect shall appear on the face of the final plat map and the accepted construction plans. Staff recommendation. (NICK: the Declaration states that the homeowners are responsible to maintain the landscaping and trees within Tract C and D and Tract E. Is this the same thing with regard to landscaping?) This condition has been satisfied. Page 4 of 6 Resolution 010-15 Exhibit C 32. Wheelchair ramps shall be provided on both sides of the site approach, consistent with ADA requirements, including cement sidewalk and approach details. Staff Recommendation: This condition has been satisfied. 33. Any required sidewalks shall be constructed prior to roadway paving and this note shall appear on the face of the final construction drawings. Staff Recommendation: This condition has been satisfied. 34. The developer's engineer shall certify that there is adequate entering site distance at the intersection of Sidney Avenue and Public Road A. Staff Recommendation: This condition has been satisfied. 35. All work, equipment and materials for traffic signal and street lighting installations shall meet and be in compliance with all requirements of the City of Port Orchard Road Standards, Project Contract Provisions and Plans and Specifications and other manuals described in Preliminary Plat condition No. 35. Staff Recommendation: This condition has been satisfied. 36. Any work within the City right of way requires a permit and possibly a performance and maintenance bond. Staff Recommendation: This condition has been satisfied. 37. Half street improvements shall be required as approved by the Public Works Director. Staff Recommendation: Half Street improvements were constricted at the entrance to Frederick's Landing as required and in addition, a no -protest agreement was included in the covenants concerning participating in future improvements and funding for Sidney Ave adjacent to the subdivision. 38. The subdivider shall assess the cost of future improvements to Sidney Road, including sidewalks, against all homeowners within the proposed plat through a no protest LID noted on the face of the final plat. Staff Recommendation: This condition has been satisfied. 39. At the time of site development permit application, the applicant shall submit certain drawings to the City revising private road Tract B to include a right of way in compliance with City ordinance. Staff Recommenation: This condition has been satisfied. 40. Dead end streets shall end in cul-de-sacs unless a variance is granted. Staff Recommendation: The applicant was granted a variance to this condition under permit V-1188 issued October 3, 2008. Recommendation: Staff recommends adoption of a Resolution granting final plat approval of the Frederick's Landing Subdivision, for the reasons set forth above. Because the minor plat amendment will not be final until May 29, 2015, the Council should either postpone action until after that date or make a motion that will not be effective until after May 29, 2015, provided that no appeal of the minor plat amendment is filed. Motion for consideration: "I move that the City Council finds that the preliminary plat of Frederick's Landing subdivision conforms to all terms of the preliminary plat approval, that the subdivision meets the requirements of chapter 58.17 RCW; and that the subdivision meets the requirements of other applicable laws as required by the Hearing Examiner's decision, including the City's subdivision ordinance (as it existed when the preliminary plat was approved). If no appeal is filed by May 29, 2015, the Council authorizes the Mayor to inscribe the Final Page 5 of 6 Resolution 010-15 Exhibit C Plat of Frederick's Landing as approved. If an appeal is filed on or before May 29, 2015, then this motion shall be invalid and of no effect." Alternative 1: "1 move to table this action until the first City Council meeting after May 29, 2015." Fiscal Impact: The approved final plat will add 18 vacant residential lots to the City's property tax base and will facilitate the issuance of 18 residential building permits in the coming year generating permit revenue as well as other tax revenue. These revenues will be offset by the cost of providing infrastructure and services to these future residents. Construction of display homes has already begun on the underlying lots within the subdivision. Alternatives: Option 1: Wait to make a decision after May 29, 2015. Option 2: If the City Council determines, from the facts presented, that it cannot make the necessary findings in order to approve the final plat, it shall deny final plat approval to Frederick's Landing. Through its deliberations, the Council will need to provide its rationale for the denial. Written findings of fact to support the denial will need to be prepared by the staff for adoption at the next Council meeting. Attachments: Final Plat Maps, Cash Set Aside Forms, CC&Rs, Final Plat Application, P-Plat Hearing Examiner Decision, Minor Plat Amendment Application and Project Narrative, Bill of Sale, Vicinity Map, Final Plat Application, Title Report Page 6 of 6