025-06 - Resolution - Forest Song Preliminary PlatRESOLUTION NO. 025-06
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING WITH CONDITIONS THE FOREST SONG
PRELIMINARY PLAT AND PLANNED RESIDENTIAL DEVELOPMENT
APPLICATION FOR PROPERTY LOCATED AT THE INTERSECTION
OF MELCHER STREET AND SHERMAN AVENUE
WHEREAS, the property owner has filed an application with the City (SUBDIV
05-05/PRD) for a preliminary plat and planned residential development to subdivide a 9.52 acre
site into 86 zero lot line residential lots on property located at the intersection of Melcher Street
and Sherman Avenue, parcel number 352041-2-023-2005, as legally described in Exhibit A; and
WHEREAS, the application was processed as described in Planning Commission
Resolution 06-06 attached hereto as Exhibit B; and
WHEREAS, on May 8, 2006, the City Council held a public hearing on the
application; and
WHEREAS, being fully advised, the City Council finds and concludes as follows:
TESTMONY 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. Agenda Staff Report dated May 8, 2006 with attachments.
B. Letter dated December 27, 2005 from Jeff Davis, Washington Department
of Fish and Wildlife.
C. March 9, 2006 and April 12, 2006 Planning Commission minutes.
2. William M. Palmer, spoke on behalf of the applicant. He described the major
components of the project and made several recommendations and comments concerning
sidewalks, right of way, setbacks, and significant trees.
3. Scott Walker, Oakridge Homes, spoke in favor of the project.
4. Shilo Rives, expressed concerns about the project relating to higher property
taxes and increased traffic.
5. Joseph Lipka, expressed concerns about public safety and fire hazards.
6. Ethan Carlson, expressed concerns about traffic.
7. Kathie Lipka, also expressed concerns about increased traffic.
8. Michael McDonald, commented regarding the relocation of utilities and
mailboxes.
9. Ron Rice, testified that the city should do more to encourage these types of
developments.
10. Scott Walker, Fire Department, commented that the Fire Department has
reviewed and approved the proposed design plans.
FINDINGS AND CONCLUSIONS
Resolution No. 025-06
Page 2 of 3
1. The Findings and Conclusions set forth in Exhibit B are hereby adopted as the
Council's Findings and Conclusions, except as modified herein. The provisions set forth in this
Resolution shall control over any inconsistent provisions set forth in Exhibit B.
2. Exhibit B, Finding 8, is modified as follows:
The site contains a Type 5 stream with an associated ravine that has
been identified as a wildlife migration corridor. Filling this ravine would
block this migration through the subject property. The ravine will not be
filled as a part of the proposed development. The applicant is proposing
to dedicate the ravine as open space, and provide a passive recreational
amenity with the development of a pedestrian trail, after substantial
grading of the site. No grading shall occur within required setbacks.
3. The applicant agreed that the existing access to the properties north of the site
known as Hill Avenue shall be left undisturbed.
4. The applicant agreed to provide additional right of way on Sherman Avenue,
between Melcher Street and Hull Avenue, for a 12 foot wide roadway plus a 5 foot wide
sidewalk with curb and gutter, and to construct said improvements.
5. The Council further finds that a gated entry is not in the public interest.
6. The applicant has requested an exemption from the view ordinance and the
Council finds and concludes that the requirements set forth in Section 12(3) of the view
ordinance have been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The preliminary plat application and planned residential development is
hereby approved, subject to the conditions set forth in Exhibit B, except as modified herein. The
conditions of approval set forth in this Resolution shall control over any inconsistent provision set
forth in Exhibit B.
Section 2. Exhibit B, Conditions of Approval No. 1 is modified as follows:
All SEPA conditions shall be met as outlined in the MONS issued March 14, 2006.
Section 3. Exhibit B, Conditions of Approval No. 21 is modified as follows:
Site access shall meet the minimum site distance set forth in the traffic report
prepared for this project. Site access shall be subject to the approval of the city
engineer.
Resolution No. 025-06
Page 3 of 3
Section 4. Exhibit B, Conditions of Approval No. 25 is modified as follows:
The proponent shall prepare a cost estimate for their proportion of the
intersection improvements at Tremont/Pottery and Port Orchard Blvd./SR 166.
The estimate and final payment must be made prior to final plat; provided the
final payment shall not exceed $300.00 for each intersection.
Section 5. Exhibit B, Conditions of Approval No. 27 is modified as follows:
This project shall not be developed in phases.
Section 6. No grading shall occur within the 40 foot setback required for the Type 5
stream that runs through the middle of the property.
Section 7. The access to the properties north of the development known as "Hill
Avenue" shall be left undisturbed.
Section 8. The applicant shall provide additional right of way on Sherman Avenue,
between Melcher Street and Hull Avenue, for a 12 foot wide roadway plus a 5 foot wide sidewalk
with curb and gutter, and shall construct said improvements.
Section 9. All interior roads shall be constructed in accordance with City road
standards.
Section 10. There shall be no gated entry to the development.
Section 11. No significant trees shall be removed until the applicant has submitted a
significant tree retention plan and the Council has approved said plan.
Section 12. The project is exempt from the requirements of the view ordinance.
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 10th day of July 2006.
KIM E. ABEL, MAYOR
ATTEST:
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Michelle Merlino, Interim City Clerk