034-06 - Resolution - Approving Request to Remove a Significant TreeRESOLUTION NO. 034-06
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON APPROVING A REQUEST BY KITSAP COUNTY
TO REMOVE A SIGNIFICANT TREE IN A 5.16 ACRE AREA OF
VETERAN'S MEMORIAL PARK, 985 RETSIL ROAD SE IN
ORDER TO CONSTRUCT TWO NEW BALLFIELD$ ON THE
NORTH SIDE OF THE 48.77 ACRE PARK SITE.
Tax Account No. 252401-4-002-2008
Legal Description: TheSE 1/4 of Section 25, Township 24N,
Range 1E., W.M., Kitsap County Washington
WHEREAS, on August 14, 2006, the City Council held the required public
hearing in accordance with the criteria set forth in Chapter C4, Section 15-17:
"Significant tree definition, retention, retention plan;" of Zoning Ordinance 1748 of the
City of Port Orchard, and;
WHEREAS, the City Council took testimony, reviewed materials and
considered all information presented, and recommended approval, with conditions to
allow for the removal of significant trees of 36 inches or greater in diameter at the
Veterans Memorial Park, and;
WHEREAS, the proposed purpose of this request is to remove one
significant tree in an area where future grading and clearing must take place to develop
two new ballfields with associated storm facilities at the northeast end of the existing
park, and;
WHEREAS, there is an existing access road, basketball court, and several
other soccer fields already developed to the south of this proposed development area,
thus constraining the location where the ballfields can be constructed, and;
TESTIMONY AND EXHIBITS
The Council bases its findings and conclusions upon the following Exhibits and
testimony from the applicants' representative found to be relevant, credible, and
persuasive.
1. The following documents were admitted into the record:
a. City Council Agenda Staff Report dated August 14, 2006, together with
Attachments 1, Site Plan.
FINDINGS AND CONCLUSIONS
Resolution No. 034-06
Page 2 of 3
Based on the above testimony and exhibits, the City Council finds and concludes
as follows:
Findings:
1. The parcel is located in an area zoned Community Facilities, which allows the
development of park and recreation, spaces outright.
2. An application for an excavation, clearing and grading permit was received on June
22, 2006.
3. It was identified during the review process that there were several significant trees
located on the north side of the 5.16 acre site, three of which were 36 inches or
greater in diameter.
4. One of the big-leaf maples would need to be removed to allow the grading to take
place for the ball fields. One of the big-leaf maples may be impacted by grading
taking place within the drip line of the tree, although the tree will remain on site.
The largest tree will be preserved on site.
5. The proposed area for the ball field construction is constrained by the existing
driveway and soccer fields to the south of this project; therefore, the clearing and
grading necessary for the development of the ball fields must be conducted partially
in an area containing two significant trees.
6. The applicant has submitted a site plan that identifies where the trees are located
and the area where replacement trees will be placed. The review, approval, and
conditioning of the final landscaping plan, including the tree replacement plan, will
be reviewed through the clearing/grading/excavation permitting process.
7. Chapter C4, Section 16 of the Zoning Ordinance outlines the requirements for
significant tree removal of caliper 36 inches or greater.
8. The applicant is proposing to remove one significant tree of 38 inches and grade
within the drip line of one 37-inch tree. They are proposing to replace the tree at a
3:1 ratio as required by the ordinance, in addition to the replacement of other
significant trees on the property.
Conclusions:
1. The proposed use of the property is in compliance with the Comprehensive Plan.
2. The proposed removal of significant trees 36 inch and greater in diameter will be
replaced at a 3:1 ratio in accordance with the criteria outlined in Chapter C4,
Section 16.
3. The amount of grading and the circumference of the grading are necessary to
provide enough space to develop two ball fields and provide the associated parking
and storm water facilities on the 5.1acre site.
4. Grading within the drip line of the 37 inch maple may distress the tree roots and
should be monitored for two years with the other landscaping to identify adverse
impacts to the tree.
Resolution No. 034-06
Page 3 of 3
5. The landscaping and planting plan is in compliance with the requirements of the
Zoning Ordinance.
Conditions of Approval:
1. The final landscaping and planting plan shall be reviewed, approved and conditions
added to the approval of the site development: clearing, grading, and excavation of
the site.
2. Replacement of the removal of all significant trees shall be made at a ratio of 3:1.
3. The landscaping/planting of the site shall be bonded before final Certificate of
Occupancy and the landscaping monitored for two years from the effective date of
Certificate of Occupancy.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Interim City Clerk in authentication of such passage this 28th day of August
2006.
KIM E. ABEL, MAYOR
ATTEST:
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Michelle Merlino, Interim City Clerk