Loading...
017-06 - Resolution - Approving Preliminary Plat for Leora Park IIRESOLUTION NO. 017-06 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT/PRO/SHORELINE SUBSTANTIAL DEVELOPMENT OF LEORA PARK II WHEREAS, the property owner has filed an application with the City (SUBDIV 04-01/PRD/SDP 65-05) for a preliminary plat, planned residential development, shoreline substantial development to allow for the division of 11.96 acres into 18 single family residential lots for real property legally described in Exhibit A, said property being identified as Kitsap County Assessor Tax Parcel Numbers 022301-3-044-2206 and 022301-3-082-2001, and referred to herein as the Subject Property; and WHEREAS, the application was processed as described in Port Orchard Planning Commission Resolution 04-06 attached hereto as Exhibit B; and WHEREAS, the Planning Commission has recommended that the City Council approve with conditions the application for preliminary plat/ PRO/Shoreline Substantial Development; and WHEREAS, on April 10, 2006 the City Council held a public hearing on the application and heard public testimony; and WHEREAS, 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. City Council Agenda Staff Report dated April 10, 2006, together with Attachments 1 through 3. b. Four ( 4) Photographs of South Flower Avenue. c. List of amended conditions submitted by Planning Commission. 2. Doss Chamberlain, citizen, spoke about his concern with proposed hours of construction. 3. Mark Kuhlman, engineer, spoke on behalf of the applicant. He proposed modifications to a number of the proposed conditions of preliminary plat. 4. Dave Hailer, citizen, supports the project and supports proposed improvements to South Flower. 5. Christine Saunders, citizen, spoke in favor of improvements to South Flower. Also expressed concern about protection of trees on her property. 6. Kathy Lipka, citizen, addressed stop sign and school bus issues at the intersection of South Flower and Fireweed. Also, feels certain plants and animals were omitted from the environmental checklist. 7. Jerry Arnett , citizen, encouraged Council to approve conditions that uphold values of the City Code and Comprehensive Plan. 8. Gil Michael, chair of the Planning Commission and citizen, described 10 changes to the Planning Commission/s recommendation. FINDINGS AND CONCLUSIONS Resolution No. 017-06 Page 2 of 9 Based on the above testimony and exhibits, the City Council finds and concludes as follows. FINDINGS: General 1. The application SUBDIV 04-01/PRD/SDP 65-05, is a Planned Residential Development for 18 lots. The application was received on February 17, 2004. Kitsap County Assessor Information shows that Charles & Marguerite Childress are the property owners. 2. Determination of Non-Significance with mitigation (MONS) was issued on February 8, 2006. 3. The total site area is 11.96 acres, of which approximately 3.65-acres are zoned R 4.5. and the Greenbelt portion of the site is 7 .06-acres. Approximately .48 acres will be dedicated for the stormwater tract and . 77 acres will be public right of way and public roads. The applicant is utilizing provisions for a PRD and proposing to transfer the density from the Greenbelt zone to the R4.5 zone. Chapter C1, Section 7 provides for the transfer of density credits. In this case, the site is constrained by approximately 60% of sensitive areas, and as such partial density credit of 50% is allowed for a total of 2 credits. The proposal of 18 dwelling units is within the allowable density utilizing the transfer of density credits. Streets 4. Section 7 of the Developers Handbook states in part: Private roads will be limited to serving 5 dwelling units and can only be used in short plats, unless an exemption is specifically approved by the City CouncW1 • The developer is proposing to make Road "A11 a private road. The applicant is requesting an approval of a "Deviation Request// from the City Council to allow for a private access road to four of the lots. 5. Road "B// is proposed to be a feeder road with a capacity of 12 dwelling units. If this is the case, it needs to be clearly stated that Lot 11/s future development may be restricted due to the limited capacity. 6. Street lights have not been identified on the site plan, but will be required on the engineering drawings. Water/Sewer 7. Water & sewer are provided by the City of Port Orchard, and City water and sewer service is available to this parcel. Each home that connects to the City of Port Orchard water and sewer will be assessed connection and inspection fees. The exact fees for water and sewer will be assessed when each application is processed. Stormwater 8. The storm water quantity control proposed for this project is detention. One detention pond is proposed in the southwest corner of the project area. It will contain a multiple orifice control structure, which will release Stormwater at metered rates to mimic predeveloped conditions. 9. The stormwater detention pond will be located outside of the 200 ft. buffer of Blackjack Creek. This requirement was part of SEPA mitigation. 10. The proposed water quality treatment facility is a bioswale designed to treat the flow rate of a 6-month storm for the developed basin and withstand the 100-year, 24-hour storm event. The placement of the bioswale within the 200 foot buffer for Blackjack Creek is protective of the environment provided applicant complies with the habitat management plan and associated mitigation. Resolution No. 017-06 Page 3 of 9 11. Temporary Erosion and Sedimentation Control Plan will be developed for the "Final Storm Report" and will include elements such as: interceptor swales, sedimentation traps and filter fabric fencing. Runoff from the site will flow through a buffer of native vegetation, where possible, before leaving the site. 12. The Operation and Maintenance Manual will be prepared and submitted along with the "as- built" construction plans. Parks 13. This project is not proposing to have any parks and does not have any park improvements. They have 7.06 acres of the site dedicated as an open space tract adjacent to Blackjack Creek, however, this cannot be designated as a park or recreational area because of the natural environment designation. The applicant will dedicate funds per lot in lieu of improvements, to be applied towards the improvement/acquisition of park facilities. Preliminary Plat/Subdivision Code 14. The preliminary plat indicates subdivision of the two parcels into 18 single family residential lots. Two existing residences will remain on site in separate lots. 15. The plat shows five open space tracts: Open Space Tract A, is the regional storm water conveyance on Flower Meadow, Div. I; Open Space Tract B, is the stormwater detention/water quality treatment pond adjacent to Lot 10; Open Space Tract C is the natural buffer area with steep slopes along Blackjack Creek: Open Space Tracts D & E are additional open space tracts. The preliminary plat does not show the easement provisions or describe the tracts. 16. There are critical areas within the plat: steep slopes and a natural buffer area adjacent to Blackjack Creek. In accordance with the Critical Areas Ordinance, a "Notice to Title" must be filed with the final plat. The "Notice to Title" will be required for each lot within the plat that contains a critical area. Copies of the notices shall be submitted to the City for the record and must be added for final plat. 17. The use of Density Credits is proposed. The Preliminary Plat/PRO has followed the criteria allowed for density credits which has been incorporated into the design of the plat. Traffic 18. A Traffic Impact Analysis was submitted for the project. Primary streets serving the site are two-lane feeder roads of varying width. South Flower Street is a north-south two lane access roadway providing primary access to the site. Lane widths are 9-10 feet, surfacing is composed of asphalt and shoulder are grass/gravel along its length and are minimal in width. The posted speed limit is 25 mph. 19. Sidney Ave is a north-south two lane roadway having lanes of 12 to 14 feet in width and 2 to 4 feet of asphalt shoulders with some areas having gravel for shoulders. It lies westerly of the site and has a posted speed of 30 mph. 20. Fireweed Road is an east-west two lane asphalt roadway. Lane widths are 9 to 10 feet and the speed is posted as 25 mph. Shoulders vary as to composition of grass and gravel but are minimal to non-existent for most of its length. 21. 247 new total trips would be created on a typical weekday. No significant impacts to the surrounding roadway network are expected due to the addition of project traffic. Land Use/Zoning 22. Blackjack Creek is a Shoreline of Statewide Significance with an Environmental Designation of Natural. In accordance with the City of Port Orchard Shoreline Master Program, there is a required 200 ft. natural vegetated buffer required along the entire length of the creek in this area. Except for the detention facility, the proposed residential development is clustered away from the critical areas. This is consistent with the Comprehensive Plan designation for Greenbelt and Low Density Residential. Resolution No. 017-06 Page 4 of 9 23. The zoning is R4.5 and Greenbelt. The development is being reviewed under the provisions of a PRD that allows for density increases through the transfer of density from the GB to R 4.5 up to a density of 6 dwelling units per acre, for a total up to 22 lots. 24. The applicant is requesting approval of a Planned Residential Development and has addressed the criteria outlined in Chapter 83, Section 6. 25. The minimum lot area required for property proposed for a planned residential development is one acre. The proposal complies with this requirement (Chapter 85, Section 4d). 26. Single-family detached dwellings are permitted uses within a PRD in the Greenbelt and R4.5 zone (Chapter 85, Section 5). 27. Every lot should have a minimum of 25 feet on a public or privately dedicated right-of-way (Chapter C2, Section 2). 28. The proposed PRD provides a variety of lot sizes. The provision of alleys and designs which incorporate parking at the rear is not appropriate on the subject parcel because the site contains extensive critical areas (Chapter B5(4)(e). Habitat Management Plan 29. A Habitat Management Plan was submitted to address the Class I Wildlife Conservation Area (WCA) associated with Blackjack Creek to address encroachments into the buffer for the bioswale and stormwater outfall. 30. The Plan identifies impacts to the WCA as follows: a. Alteration of the stormwater runoff from the developed area; b. Removal of wildlife habitat (birds and animals) c. Increased utilization of the adjacent Wildlife Conservation Area by humans and animals living in the new development. d. Increased automobile traffic on the roads leading to the project, with an associated reduction in water quality in the stormwater system of the entire area watershed. 31. The Plan proposes mitigation for the encroachment into the 200ft. buffer. Tree Retention Plan 32. The tree retention plan addresses the site, outside of the natural buffer area of the creek. 33. The project site west of the critical areas contains 28 trees with a DBH greater than 18". 34. Of the 28 significant trees, 8 trees have a DBH greater than 36". These trees require City Council Approval for removal. The Council has approved the removal of the requested significant trees. CONCLUSIONS: 1. The proposal conforms with the adopted goals and policies of the City's Comprehensive Plan. 2. The proposal meets the applicable minimum requirements of the adopted City Codes, including the Zoning Code, the Development Regulations, the Shoreline Management Plan, and the Stormwater Ordinance. 3. The proposal has made appropriate provisions for the public health, safety, and welfare of the community and is in harmony with the general purposes of the Zoning Ordinance, Comprehensive Plan, and Growth Management Act. 4. The public use and interest will be served by the platting of the proposed subdivision. Resolution No. 017-06 Page 5 of 9 NOW, WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The preliminary plat, planned residential development, and substantial shoreline development applications are hereby approved, subject to the conditions set forth below. CONDITIONS Of APPROVAL: SEPA All mitigation measures listed in the Mitigated Determination of Non-Significance (MONS) shall be adhered to. The mitigation measures are incorporated herein by reference: 1. Hydraulic Project Approval (HPA) is required for the storm outfall on this project. The applicant shall adhere to all conditions of the Hydraulic Project Approval (HPA) issued by the State Fish & Wildlife for this project. A copy of the final approval shall be submitted to the City of Port Orchard prior to approval of any clearing, grading, demolition or construction taking place on this project. 2. Blackjack Creek is a Shoreline of Statewide Significance with an Environmental Designation of Natural. In accordance with the City of Port Orchard Shoreline Master Program, there is a required 200 ft. natural vegetated buffer required along the entire length of the creek in this area. There shall be no storm ponds, no stormwater treatment facilities, or any other excavation within the 200 ft. natural buffer area except for the bioswale with appropriate mitigation and with an approved habitat plan. 3. All roads, utilities, and utility easements shall be located outside of the required 200 ft. natural buffer area of Blackjack Creek. 4. The corridor of Blackjack Creek running through this property contains steep slopes. In accordance with the City of Port Orchard Critical Areas Ordinance, all buffers shall be temporarily fenced with silt fencing or orange construction fencing as approved by the City Engineer and properly marked in the field prior to start of construction on the site. The fencing shall remain in place through all phases of construction until the project has been completed and shall not be removed without the prior approval of the City Engineer. 5. No fertilizers or pesticides shall be applied in or near Blackjack Creek or the required 200 ft. natural buffer. A note shall be placed on the face of the plat identifying this requirement. 6. The applicants shall file a "Critical Area and Buffer Notice to Title" with the Kitsap County Auditor to identify the location of Blackjack Creek and the natural buffer areas and location of any other critical areas and associated buffers on the project site. The notice to title must be filed with the final plat. The notice to title will be required for each lot within the plat that contains a critical area. Copies of the notices shall be submitted to the City for the record. A note shall be placed on the face of the plat with this requirement. 7. No clearing, grading, or cutting of trees shall be allowed within the 200 ft. natural buffer. Any trees that are felled due to natural conditions such as wind fall or decay, shall remain in the buffer area. 8. A tree retention and replacement plan is required for this proposal. The applicant has submitted a report that identifies most trees will be removed from the site, which is hereby approved. A final retention and replacement plan shall be submitted and approved prior to approval for any clearing, grading, or site development permits being issued on this property. The plan shall identify where planting will take place on the site, the number of trees to be replaced at a 3-1 ratio, and the total numbers and Resolution No. 017-06 Page 6 of 9 species of native trees to be planted. There shall be no excavation or planting allowed within the natural buffer area unless a Habitat Management Plan is submitted, reviewed and approved by the City of Port Orchard Planning Department and State Fish and Wildlife Department. The final planting plan must meet the specifications outlined in the City of Port Orchard Critical Areas Ordinance and approved by the Planning Department prior to implementation. 9. A Forest Practice Permit will be required by the State Department of Natural Resources. The final Tree Retention and Replacement Plan must be submitted, reviewed and approved by the Planning Department prior to submittal for the DNR permit. A copy of the approved permit from DNR shall be submitted to the Planning Department for the file. 10. A Performance Bond shall be submitted and approved by the City Planning Department on the final tree retention/replacement and landscaping plan for the plat. The monitoring of the landscaped areas shall continue for a two-year period as required by the City. Copies of the annual monitoring shall be submitted to the City for their records. 11. If plantings are to be placed within the natural buffer area as the result of an approved Habitat Management Plan, the performance bond shall indicate that a three-year monitoring plan will be required. 12. If any abandoned wells, septic tanks, underground storage tanks, construction debris burial site, or contaminated soils are identified during site development and/or the building construction, the applicant and its agents or contractors shall notify the City of Port Orchard Planning Department and the Kitsap County Health Department immediately to determine proper disposal and/or remediation of the area. 13. If any cultural or archeological items are identified or uncovered during any phase of clearing, grading, demolition, site development or construction of the houses, construction must cease immediately and the applicant and its agents or contractors must contact the City of Port Orchard Planning Department, the Washington State Historical Society and the Suquamish Tribe immediately. 14. There are existing structures on one or more of the proposed lots within the plat. Any demolition of existing structures within the natural buffer shall be done with as little disturbance to the buffer area as possible. All disturbed areas shall be returned to a natural vegetated state within the buffer area unless otherwise approved through a Habitat Management Plan. 15. Proper erosion and sedimentation control measures, Best Management Practices (BMPs), must be designed and accepted by the City prior to issuance of clearing and grading permits for the project. 16. Private Road A shall be straightened and the "significant" maple tree removed. Sidewalks, to Code, shall be added on the south and east of Private Road A that services lots 15-18. 17. All required stormwater detention and water quality systems must be designed and approved in accordance with the City of Port Orchard Stormwater Management standards. Preliminary Plat 18. The Preliminary Plat shall be revised to include the following: a. The Preliminary Plat needs to be revised to clearly detail the dimensions of all lot and easement lines; b. Every lot shall have a minimum frontage of 25 feet on a public or privately dedicated right-of-way; Resolution No. 017-06 Page 7 of 9 c. The stormwater pond shall be located outside of the 200ft. natural buffer area. d. The Streets and Access Roads (Existing and Proposed) need to be labelled; e. Locate and identify any other recorded public or private utility easements; f. Identify any proposed dedications; g. Show Existing Utilities and Appurtenances. h. A lighting plan shall be submitted and approved prior to site construction. Zoning Code 19. All conditions identified by City Departments and other agencies must be met prior to the recording of the final plat. 20. A separate sign permit is required for any signage proposals. 21. Address numbers shall be visible from the street, and installed prior to Certificate of Occupancy. Fire Prevention Code 22. Before Fire District approval, plans shall be submitted indicating fire hydrant locations. Plans shall indicate fire hydrants current fire hydrant locations, as this will impact hydrant locations within the subdivision or project. Maximum spacing of fire hydrants is 400 feet between hydrants. 23. A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure of 20 p.s.i., is required for one-and two-family dwellings not exceeding 3,600 gross square feet. All other buildings (including larger one-and two-family dwellings) require a minimum fire flow of 1,500 gallons per minute and may require more depending on building size and type of construction as per the International Fire Code. 24. The Fire Marshall and the City Engineer shall review and approve the construction plans for the utilities prior to issuance of an excavation permit. 25. Before final plat approval, the fire department access must be provided and accepted by the Fire Marshall. Stormwater Ordinance and Design 26. 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 Manual. 27. 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. 28. The design of the stormwater quantity control facility will be in accordance to Chapter 5 of the City of Port Orchard Stormwater Design Manual. The design of the stormwater quality control facility will be in accordance to Chapter 6 of the City of Port Orchard Stormwater Design Manual. 29. The Tract B pond maintenance access is shown as shared access for Lots 9 and 10 and shall be maintained by the Homeowners Association. The City shall have emergency access only. A legal agreement must be signed designating this access as a shared access for both purposes as noted above. 30. All stormwater system improvements will be completed prior to approval of the Final Plat. Resolution No. 017-06 Page 8 of 9 31. 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. 32. The Engineer of Record shall certify that the as-built live and dead storage detention pond volumes meet the design criteria. 33. The Engineer of Record shall certify that the as-built water quality treatment facility meets the design criteria. 34. Contractor is responsible for permanent stabilization and restoration of the project site. 35. As-built construction plans must be submitted 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. 36. Electronic Media of the As-built drawings must be submitted 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. 37. An Operation and Maintenance Manual shall be submitted 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. 38. All intrusions into the Blackjack Creek buffer must be approved as part of the Hydraulic Project Approval. Final Plat Map 39. Prior to final plat approval, the following documents shall be submitted to the City for review and approval: a. A complete application form, including notarized signatures of the owners of record. b. A Plat Certificate for the property (not more than 30 days old at the time of Final submittal). c. Perimeter lot closures for final review. d. A Copy of the Declaration of Covenants, Conditions and Restrictions. e. A Landscape Bond equal to 125% of the estimated value of any required Landscape plants and installation costs shall be submitted for approval by the City Attorney, prior to C of 0. f. Utility easements shall be created and must appear on face of the final plat and in the covenants before final plat recording. Subdivision Code 40. All lots shall be surveyed and recorded. 41. A copy of all easements shall be submitted and recorded on the face of the plat. 42. The Transfer of Density from the Greenbelt to the R4.5 zone shall be recorded on the face of the plat, and a notice to title shall be filed with the final plat. Parks 43. Prior to Final Plat approval, the developer shall provide the City with $300 for each of the 18 lots to upgrade playground equipment in a park or go towards the purchase of park land as determined by the City. Roads Resolution No. 017-06 Page 9 of 9 44. Prior to final plat approval, Construction Plans shall be submitted and approved by the City Engineer for all road improvements. 45. The centerline for the access road from South Flower Avenue must be in straight alignment with the centerline of the private road that serves Lots 14-18. 46. The ownership of the private road serving as access to Lots 6 and 7 shall be determined before the final plat is approved. The private road will be built to City standard. 47. The applicant shall improve South Flower Avenue from the south edge of Leora Park I to Fireweed to Access Road standards as set forth in the City's Developer Handbook, per the Zoning Ordinance, including but not limited to curb, gutter, and sidewalk. Schools 48. To reduce impact to the school system, mitigation fees will be paid at the time of building permit issuance, if the City adopts a general implementing ordinance for school impact fees prior to the date that a complete building permit is accepted. The proponent can also mitigate the impact to the school system by negotiating a settlement with the South Kitsap School District. Landscaping 49. One 2 1h inch caliper Street Tree measuring at least 4' in height shall be planted in the front yard of each lot prior to the final inspection of the building permit. 50. Prior to issuance of a grading or excavation permit, the root protection zone of the significant trees to be retained shall be fenced. No construction materials or equipment may be placed within the drip line of the tree. 51. Prior to any site work, all conditions imposed by the Council regarding the removal or retention of the significant trees shall be in place. Construction 52. Airborne dust shall be mitigated and minimized per the requirements of the Puget Sound Air Quality Control Authority. 53. If required by the City Engineer, the applicant may be required to sign a no-protest agreement, or some other type of mitigation to address the frontage improvements needed along So. Flower Avenue. 54. Streets are to be kept clean and free of debris at all times. A street sweeper may be required to be on site at all times should tracking mud and debris to and from the site become a problem. 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 24th day of April 2006. KIM E. ABEL, MAYOR ATTEST: Leora Park II Legal Description Exl:d bit uA 1.1 Resolution No. 017-06 A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2. TOWNSHIP 23 NORTH, RANGE 1 EAST, IN KJTSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING 495 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE THEREOF 30 FEET TO THE EAST LINE OF FLOWER STREET; THENCE CONTINUING EAST ALONG SAID NORTH Lil\TE 300 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINU1NG EAST ALONG SAID NORTH LINE Ali..JD ALONG NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 966 FEET; THENCE SOUTH 420 FEET; THENCE WEST 946 FEET TO THE SOUTHEAST CORNER OF PLAT OF LEORA . PARK; THENCE NORTH 1 °17'02" EAST 260 FEET; THENCE NORTH 89°02'58" WEST 20 FEET; THENCE NORTH 160 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION LYING WITHIN THE NORTH 240 FEET OF THE EAST 445 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; ALSO THE EAST 60.00 FEET OF LOT 4 AND THE EAST 47.78 FEET OF LOT 5, LEORA PARK, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS, PAGE 15, RECORDS OF KJTSAP COUNTY, WASHINGTON; ALSO THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE I EAST, W.M., KlTSAP COUNTY, WASHINGTON, LYING WITHIN THE LIMlTS OF THE CITY OF PORT ORCHARD, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 495 FEET EAST AND 420 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE EAST 1296 FEET; THENCE SOUTH 420 FEET; THENCE WEST 1296 FEET; THENCE NORTH 420 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 400 FEET OF WEST 200 FEET THEREOF; SITUATE IN THE CITY OF PORT ORCHARD, KJTSAP COlJNTY, WASHINGTON. RESOLUTION NO. 04 -06 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT/PRO/SHORELINE SUBSTANTIAL DEVELOPMENT OF LEORA PARK II TAX PARCEL NOS: 022301-3-044-2206 AND 022301-3-082-2001 WHEREAS, the applicant has submitted an application for a preliminary plat, planned residential development, shoreline substantial development to allow for the division of 11.96 acres into 18 single family residential lots; and WHEREAS, a Determination of Non-Significance was issued on February 8, 2006; and WHEREAS, the Planning Commission held a public meeting on February 21, 2006; March 20, 2006 and March 23, 2006; and WHEREAS, the Planning Commission heard testimony from the applicant's representative and there was testimony both for and in opposition to the proposal from the public; now, therefore, THE PLANNING COMMISSION OF THE CITY OF PORT ORCAHRD HEREBY RESOLVES AS FOLLOWS: FINDINGS: General THAT: The Planning Commission of the City of Port Orchard hereby recommends that the City Council of the City of Port Orchard approve the application for a Preliminary Plat/Planned Residential Development/Shoreline Substantial Development for Leora Park II with the following findings and conclusions and subject to the following conditions: 1. The application SUBDIV 04-01/PRD/SDP 65-05, is a Planned Residential Development for 18 lots. The application was received on February 17, 2004. Kitsap County Assessor Information shows that Charles & Marguerite Childress are the property owners. 2. Determination of Non-Significance with mitigation (MONS) was issued on February 8, 2006. 3. The total site area is 11.96 acres, of which approximately 3.65-acres are zoned R 4.5. The R4.5 zone allows for 16 dwelling units. The Greenbelt portion of the site is 7.06- acres and allows four dwelling units. Approximately .48 acres will be dedicated for the stormwater tract and .77 acres will be public right of way and public roads. The applicant is utilizing provisions for a PRO and proposing to transfer the density from the Greenbelt zone to the R4.5 zone. Chapter C1, Section 7 provides for the transfer of density credits. In this case, the site is constrained by approximately 60% of sensitive areas, and as such partial density credit of 50% is allowed for a total of 2 credits. The proposal of 18 dwelling units is within the allowable density utilizing the transfer of density credits. Streets Resolution No. 04-06 Page 2 of 12 4. Section 7 of the Developers Handbook states in part: ... Private roads will be limited to serving 5 dwelling units and can only be used in short plats, unless an exemption is specifically approved by the City Council". The developer is proposing to make Road "A" a private road. The applicant is requesting an approval of a "Deviation Request" from the City Council to allow for a private access road to four of the lots. 5. Road "B" is proposed to be a feeder road with a capacity of 12 dwelling units. If this is the case, it needs to be clearly stated that Lot ll's future development may be restricted due to the limited capacity. 6. Street lights have not been identified on the site plan, but will be required on the engineering drawings. Water/Sewer 7. Water & sewer are provided by the City of Port Orchard, and City water and sewer service is available to this parcel. Each home that connects to the Cit of Port Orchard water and sewer will be assessed connection and inspection fees. The exact fees for water and sewer will be assessed when each application is processed. Stormwater 8. The storm water quantity control proposed for this project is detention. One detention pond is proposed in the southwest corner of the project area. It will contain a multiple orifice control structure, which will release Stormwater at metered rates to mimic predeveloped conditions. 9. The proposed stormwater detention facility is located within the Blackjack Creek buffer. SEPA mitigation has identified that the detention pond needs to be moved outside of the buffer area. 10. The proposed storm water quality enhancement method is a Bioswale designed to treat the flow rate of a 6-month storm for the developed basin and withstand the 100-year, 24-hour storm event. 11. No "Temporary Erosion and Sedimentation Control Plan" was submitted, but will be developed for the "Final Strom Report" and will include elements such as: interceptor swales, sedimentation traps and filter fabric fencing. Runoff from the site will flow through a buffer of native vegetation, where possible, before leaving the site. 12. The Operation and Maintenance Manual will be prepared and submitted along with the "as-built" construction plans. Parks 13. This project is not proposing having any parks and does not have any park improvements. They have 7.06 acres of the site dedicated as an open space tract adjacent to Blackjack Creek, however, this cannot be designated as a park or recreational area because of the natural environment designation. The applicant has in the past dedicated funds per lot in lieu of improvements, to be applied towards the improvement/acquisition of regional facilities. Preliminary Plat/Subdivision Code 14. The preliminary plat indicates subdivision of the two parcels into 18 single family residential lots. Two residences are currently located on the parcels, those will remain on site in separate lots. 15. The plat shows five open space tracts: Open Space Tract A, is the regional storm water conveyance on Flower Meadow, Div. I; Open Spa Tract B, is the stormwater detention/water quality treatment pond adjacent to Lot 10; Open Space Tract C is the natural buffer area with steep slopes along Blackjack Creek: Open Space Tracts D & E Resolution No. 04-06 Page 3 of 12 are additional open space tracts. The preliminary plat does not show the easement provisions or describe the tracts. 16. There are critical areas within the plat: steep slopes and a natural buffer area adjacent to Blackjack Creek. In accordance with the Critical Areas Ordinance, a "Notice to Title" must be filed with the final plat. The "Notice to Title" will be required for each lot within the plat that contains a critical area. Copies of the notices shall be submitted to the City for the record. The preliminary plat does not show this restriction, but must be added for final plat. 17. The use of Density Credits is proposed. The Preliminary Plat does not indicate the restriction on the density of the sending parcel, or the easement or granting of density to the receiving parcel. 18. Some of the lots do not meet the minimum lot width of SOft. behind all setbacks (Chapter B5, Section 6.7). The plat needs to be reconfigured with lots meeting minimum standards under the requirements (Zoning Ordinance) in effect at time of application. Traffic 19. , A Traffic Impact Analysis was submitted for the project. Primary streets serving the site are two-lane collector roads of varying width. South Flower Street is a north-south two lane roadway providing primary access to the site. Lane widths are 9-10 feet, surfacing is composed of asphalt and shoulder are grass/gravel along its length and are minimal in width. The posted speed limit is 25 mph. 20. Sidney Ave is a north-south two lane roadway having lanes of 12 to 14 feet in width and 2 to 4 feet of asphalt shoulders with some areas having gravel for shoulders. It lies westerly of the site and has a posted speed of 30 mph. 21. Fireweed Road is an east-west two lane asphalt roadway. Lane widths are 9 to 10 feet and the speed is posted as 25 mph. Shoulders vary as to composition of grass and gravel but are minimal to non-existent for most of its length. 22. 247 new total trips would be created on a typical weekday . No significant impacts to the surrounding roadway network are expected due to the addition of project traffic. 23. No traffic mitigation measures are proposed. Land Use/Zoning 24. Blackjack Creek is a Shoreline of Statewide Significance with an Environmental Designation of Natural. In accordance with the City of Port Orchard Shoreline Master Program, there is a required 200 ft. natural vegetated buffer required along the entire length of the creek in this area. Except for the detention facility, the proposed residential development is clustered away from the critical areas. This is consistent with the Comprehensive Plan designation for Greenbelt and Low Density Residential. 25. The zoning is R4.5 and Greenbelt. The development is being reviewed under the provisions of a PRD that allows for density increases through the transfer of density from the GB to R 4.5 up to a density of 6 dwelling units per acre. 26. The applicant is requesting approval of a Planned Residential Development and has addressed the criteria outlined in Chapter B3, Section 6 . 27. The minimum lot area required for property proposed for a planned residential development is one acre. The proposal complies with this requirement (Chapter 85, Section 4d). 28. Single-family detached dwellings are permitted uses within a PRD in the Greenbelt and R4.5 zone (Chapter B5, Section 5). Resolution No. 04-06 Page 4 of 12 29. The current zoning ordinance provides a minimum lot width of 50 ft. behind all setbacks for single family detached housing. Some of the lots proposed in the PRD do not meet the minimum requirement for lot width (Chapter BS, Section 6a:7). 30. Every lot should have a minimum of 25 feet on a public or privately dedicated right-of- way (Chapter C2, Section 2). Lots 6, 7 and 10 do not meet this requirement. 31. The proposed PRD provides a variety of lot sizes. The provision of alleys and designs which incorporate parking at the rear is not appropriate on the subject parcel because the site contains extensive critical areas (Chapter B5(4)(e). Habitat Management Plan 32. A Habitat Management Plan was submitted to address the Class I Wildlife Conservation Area (WCA) associated with Blackjack Creek. 33. The Plan is not based on the latest plan for 18 lots, but is based upon the plan for 17 lots. 34. The Plan identifies impacts to the WCA as follows: a. Alteration of the stormwater runoff from the developed area; b. Removal of wildlife habitat (birds and animals) c. Increased utilization of the adjacent Wildlife Conservation Area by bumans and animals living in the new development. d. Increased automobile traffic on the roads leading to the project, with an associated reduction in water quality in the stormwater system of the entire area watershed. 35. The Plan proposes mitigation for the encroachment into the 200ft. buffer. The recommendation to mitigate the encroachment is inconsistent with the SEPA condition "There shall be no storm ponds, no stormwater treatment facilities, or any other excavation within the 200 ft. natural buffer area". Tree Retention Plan 36. The tree retention plan does not address the entire site. 37. The project site west of the critical areas contains 28 trees with a DBH greater than 18". 38. Of the 28 significant trees, 8 trees have a DBH greater than 36". These trees require City Council Approval for removal. Six of these trees are proposed for removal. CONCLUSIONS: The Zoning Ordinance provides decision criteria for the granting of a PRD in Chap. B3, Sec.6. A planned residential development approval shall be granted only if the proposal shall: 1. Benefit the community more than if the project complied with the established standards, guidelines, and policies. Staff response: The proposal is in compliance with the Comprehensive Plan provisions for a PRD and residential development in the Greenbelt and low density designations. The proposed 18-lot subdivision is consistent with the application of density credits for the number of dwelling units/ however minimum lots widths are not consistent with Chapter B~ Section 6a/ and the lot widths cannot be modified. The lot configurations will need to be revised to meet the minimum requirements. 2. Clearly specify residential and other land uses through detailed site plans, lot layouts, and building elevations. Staff response: The PRD is not clearly detailed by the submitted plat lot layouts. Resolution No. 04-06 Page 5 of 12 • The Preliminary Plat needs to be revised to clearly detail the dimensions of all lot and easement lines; • The Streets and Access Roads need to be labeled (Existing and Proposed); • Any other recorded public or private utility easement need to be located & identified; • Any proposed dedications need to be identified-the proposed open space tracts need to be dedicated to the homeowners, and this is typically accomplished through the establishment of a homeowners association. Prior to Final Plat, the applicant will need to submit a copy of the CC&Rs for approval by the City Attorney. • Existing Utilities and Appurtenances need to be shown on the engineered drawings. To promote pedestrian use, the Comprehensive Plan provides: "The City shall require installation of street lighting, landscaping, sidewalks, curbs and gutters adjacent to property as a consideration of development. ''(Policy 7, Transportation Element, pg. IV- 29) Staff comment: A lighting plan has not been submitted, but should be required prior to approval of the construction plans. 3. Preserve unique or sensitive physical features such as steep slopes and views, and retain natural vegetation. Staff response: The proposal includes preservation of native vegetation on steep slopes along Blackjack Creek, however the stormwater facilities encroach into the 200 setback. The SEPA conditions prohibit the encroachment. The proposal will need to be modified to meet the SEPA conditions. 4. Provide more open space and recreational amenities than would be available under conventional land development practices. Staff response: The site includes extensive critical areas that are set aside as open space. The set-aside would be required with or without the PRD review. The applicant is not proposing any additional recreational amenities than would be available under conventional land development practices. Policy 7, Parks and Open Space Element, pg. II-29 of the Comprehensive Plan states: The City shall provide for a mixture of active and passive open spaces within housing and commercial areas with consideration of nearby facilities. Staff response: The proposed design does not provide for parks. The City does not have impact fees for parks or recreation and looks to development to help mitigate the recreational needs of the new homes. Previously, the City has had applicants for subdivisions provide private playgrounds that are owned and maintained by the homeowners associations. Those playgrounds are often on a single lot and are often too small to be inviting to the residents. Or, the Council has accepted funds per lot in lieu of the on-site park to provide for the upgrade or acquisition of a neighborhood park of meaningful size to meet the needs of the resident of the community at large. 5. Utilize creative design techniques to promote an uncluttered appearance such as a variety of lot sizes, parking at the rear of sites and the provision of alleys. Resolution No. 04-06 Page 6 of 12 Staff response: A variety of lot sizes are proposect and clustering of the residential development away from the critical areas is accomplished through the use of density transfer from the Greenbelt zone. 6. Specifically demonstrate its benefit to the surrounding neighborhood and community at large. Staff response: The proposal includes the preservation of extensive open space. 7. Specify the phasing of the development of a site. a. N/A 8. Provide public facility sites or improvements, such as road improvements, utilities, parks, or open space. Staff response: The proposal includes new utility extensions and road improvements on site. The Comprehensive Plan states: "The city shall require the under grounding of future or existing utility lines including ga~ cable television electric distribution lines/ and telephone as appropriate during the design review process and in accordance with local regional and state rules/ regulations and tariffs.'' (Policy 3/ Utilities Element, pg. 111-7) The Stormwater Drainage Plan was submitted with the application showing a treatment pond within the natural buffer area. SEPA mitigation requires that the pond be located outside of the buffer area in accordance with Shoreline Master Program. The final stormwater plan must be revisect reviewed and approved by the City Engineer prior to clearing and grading permits can be issued. The proposed road "A" does not meet City standards. The City Engineer recommends that the road should be constructed to meet the current standard, and does not support the request for a deviation. Response by Planning Commission: 1. South Flower Avenue does not meet City of Port Orchard access road standards as specified in the City Developers Handbook. 2. Numerous residents have stated the difficulties traveling South Flower Avenue. 3. 16 new homes are proposed to use South Flower Avenue. 4. More than 100 homes (access road maximum) appear to use South Flower Avenue. 5. There is no proposal for providing an on site, or augmenting an existing park. Conclusions by Planning Commission: The project does not meet this requirement. South Flower Avenue needs to meet City standards due to increasing use and current and anticipated growth. Proposal needs to provide for Parks. 9. The tree retention plan doesn't address the critical areas, and needs to be clarified. The applicant is requesting to remove six significant trees with a DBH exceeding 36". The Resolution No. 04-06 Page 7 of 12 removal of any significant tree with a DBH of 36 inches or greater shall require City Council approval upon the following standards: 1. The proposed use cannot reasonably accommodate the retention of the significant tree; and, 2. The significant tree shall be replaced with new trees measuring 2.5 inches caliper and 6 feet in height, at a replacement rate of 3 trees for each significant tree removed. Shoreline Master Program The Shoreline Master Program identifies policies that shall be adhered to for all development with the shorelines of statewide interest. Those policies and staff response specific to this development are: 1. Recognize and protect the statewide interest over local interest. Staff Response: The design of the proposed Planned Residential Development has designated approximately 7.06 acres of the property to permanent open space to protect the shoreline and associated buffer areas. 2. Preserve the natural character of the shoreline. Staff Response: The open space tract will preserve both the resource and habitat area. The SEPA mitigation measures further limit intrusion into the natural buffer of the shoreline. 3. Result in long term over short term benefit. Staff Response: Preservation of the shoreline and buffer in a permanent open space tract to be recorded with the plat and notice to title for each lot adjacent to this area/ will result in a long term benefit. 4. Protect the resources and ecology of the shoreline. Staff Response: The resources and ecology of the shoreline are protected in the open space tract 5. Increase public access to publicly owned areas of the shoreline; and, 6. Increase recreational opportunities for the public on the shorelines. Staff Response: The shoreline of Blackjack Creek has severe steep slopes adjacent to it with potentially erodable soils. The proposed PRD lot layout does not provide and access easement from the lots to the shoreline and/or its/ buffer. Access to the shoreline in this area could present health safety, and welfare concerns because of the steep slopes associated with the creek and could impact the quality of habitat in the natural environment. RECOMMENDATIONS/CONDITIONS OF APPROVAL: If the Planning Commission recommends approval, the following conditions are necessary to meet minimum requirements: SEPA All mitigation measures listed in the Mitigated Determination of Non-Significance (MDNS) shall be adhered to. The mitigation measures are incorporated herein by reference: Resolution No. 04-06 Page 8 of 12 1. Hydraulic Project Approval (HPA) is required for the storm outfall on this project. The applicant shall adhere to all conditions of the Hydraulic Project Approval (HPA) issued by the State Fish & Wildlife for this project. A copy of the final approval shall be submitted to the City of Port Orchard prior to approval of any clearing, grading, demolition or construction taking place on this project. 2. Blackjack Creek is a Shoreline of Statewide Significance with an Environmental Designation of Natural. In accordance with the City of Port Orchard Shoreline Master Program, there is a required 200 ft. natural vegetated buffer required along the entire length of the creek in this area. There shall be no storm ponds, no stormwater treatment facilities, or any other excavation within the 200 ft. natural buffer area. 3. All roads, utilities, and utility easements shall be located outside of the required 200 ft. natural buffer area of Blackjack Creek. 4. The corridor of Blackjack Creek running through this property contains steep slopes. In accordance with the City of Port Orchard Critical Areas Ordinance, all buffers shall be temporarily fenced with silt fencing and properly marked in the field prior to start of construction on the site. The fencing shall remain in place through all phases of construction until the project has been completed. 5. No fertilizers or pesticides shall be applied in or near Blackjack Creek or the required 200 ft. natural buffer. A note shall be placed on the face of the plat identifying this requirement. 6. The applicants shall file a "Critical Area and Buffer Notice to Title" with the Kitsap County Auditor to identify the location of Blackjack Creek and the natural buffer areas and location of any other critical areas and associated buffers on the project site. The notice to title must be filed with the final plat. The notice to title will be required for each lot within the plat that contains a critical area. Copies of the notices shall be submitted to the City for the record. A note shall be placed on the face of the plat with this requirement. 7. No clearing, grading, or cutting of trees shall be allowed within the 200 ft. natural buffer. Any trees that are felled due to natural conditions such as wind fall or decay, shall remain in the buffer area. 8. A tree retention and replacement plan is required for this proposal. The applicant has submitted a report that identifies most trees will be removed from the site. A final retention and replacement plan shall be submitted and approved prior to approval for any clearing, grading, or site development permits being issued on this property. The plan shall identify where planting will take place on the site, the number of trees to be replaced at a 3-1 ratio, and the total numbers and species of native trees to be planted. There shall be no excavation or planting allowed within the natural buffer area unless a Habitat Management Plan is submitted, reviewed and approved by the City of Port Orchard Planning Department and State Fish and Wildlife Department. The final planting plan must meet the specifications outlined in the City of Port Orchard Critical Areas Ordinance and approved by the Planning Department prior to implementation. 9. A Forest Practice Permit will be required by the State Department of Natural Resources. The final Tree Retention and Replacement Plan must be submitted, reviewed and approved by the Planning Department prior to submittal for the DNR permit. A copy of the approved permit from DNR shall be submitted to the Planning Department for the file. 10. A Performance Bond shall be submitted and approved by the City Planning Department on the final tree retention/replacement and landscaping plan for the plat. The monitoring of the landscaped areas shall continue for a two-year period as required by the City. Copies of the annual monitoring shall be submitted to the City for their records. Resolution No. 04-06 Page 9 of 12 11. If plantings are to be placed within the natural buffer area as the result of an approved Habitat Management Plan, the performance bond shall indicate that a three-year monitoring plan will be required. 12. If any abandoned wells, septic tanks, underground storage tanks, construction debris burial site, or contaminated soils are identified during site development and/or the building construction, the applicant and its' agents or contractors shall notify the City of Port Orchard Planning Department and the Kitsap County Health Department immediately to determine proper disposal and/or remediation of the area. 13. If any cultural or archeological items are identified or uncovered during any phase of clearing, grading, demolition, site development or construction of the houses, construction must cease immediately and the applicant and its' agents or contractors must contact the City of Port Orchard Planning Department, the Washington State Historical Society and the Suquamish Tribe immediately. 14. There are existing structures on one or more of the proposed lots within the plat. Any demolition of existing structures within the natural buffer shall be done with as little disturbance to the buffer area as possible. All disturbed areas shall be returned to a natural vegetated state within the buffer area unless otherwise approved through a Habitat Management Plan. 15. Proper erosion and sedimentation control measures, Best Management Practices (BMPs), must be designed and accepted by the City prior to issuance of clearing and grading permits for the project. 16. Roadway access that is shared by one or more lots must be dedicated to the public use and as such they must be built to City standards. Any deviation to minimum standards must be approved by the City Council as part of the preliminary plat approval. 17. All required stormwater detention and water quality systems must be designed and approved in accordance with the City of Port Orchard Stormwater Management standards. Preliminary Plat 18. The Preliminary Plat shall be revised to include the following: a. The Preliminary Plat needs to be revised to clearly detail the dimensions of all lot and easement lines; b. The lot configuration needs to be revised to meet minimum lot width standards of 50 feet behind all setbacks, and every lot shall have a minimum frontage of 25 feet on a public or privately dedicated right-of-way; c. The stormwater facilities need to be relocated to meet the SEPA requirements. d. Label the Streets and Access Roads (Existing and Proposed); e. Locate and identify any other recorded public or private utility easements; f. Identify any proposed dedication g. Show Existing Utilities and Appurtenances. h. A lighting plan shall be submitted and approved prior to site construction. Zoning Code 19. All conditions identified by City Departments and other agencies must be met prior to the recording of the final plat. 20. A separate sign permit is required for any signage proposals. 21. Address numbers shall be visible from the street, and installed prior to Certificate of Occupancy. Fire Prevention Code Resolution No. 04-06 Page 10 of 12 22. Before Fire District approval, plans shall be submitted indicating fire hydrant locations. Plans shall indicate fire hydrants current fire hydrant locations, as this will impact hydrant locations within the subdivision or project. Maximum spacing of fire hydrants is 400 feet between hydrants. 23. A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure of 20 p.s.i., is required for one-and two-family dwellings not exceeding 3,600 gross square feet. All other buildings (including larger one-and two-family dwellings) require a minimum fire flow of 1,500 gallons per minute and may require more depending on building size and type of construction as per Appendix III -A of the Uniform Fire Code. 24. The Fire Marshall and the City Engineer shall review and approve the construction plans for the utilities prior to issuance of an excavation permit. 25. Before any construction on homes can begin, the fire department access must be provided and accepted by the Fire Marshall. Stormwater Ordinance and Design 26. 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 and/or Stormwater Permit Application. 27. 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. 28. 28.The design of the stormwater quantity control facility will be in accordance to Chapter 5 of the City of Port Orchard Stormwater Design Manual. The design of the stormwater quality control facility will be in accordance to Chapter 6 of the City of Port Orchard Stormwater Design Manual. 29. The Tract B pond maintenance access is shown as shared access with Lot 10. A legal agreement must be signed designating this access as a shared access for both purposes as noted above. 30. All stormwater system improvements will be completed prior to approval of the Final Plat and issuance of any building permit applications. 31. 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. 32. The Engineer of Record shall certify that the as-built live and dead storage detention pond volumes meet the design criteria. 33. The Engineer of Record shall certify that the as-built water quality treatment facility meets the design criteria. 34. Contractor is responsible for permanent stabilization and restoration of the project site. 35. As-built construction plans must be submitted with two sets of blueprint copies to Public Works Plan Center. As-built drawings will accurately represent construction changes Resolution No. 04-06 Page 11 of 12 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. 36. Electronic Media of the As-built drawings must be submitted 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. 37. An Operation and Maintenance Manual shall be submitted 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. Final Plat Map 38. Prior to final plat approval, the following documents shall be submitted to the City for review and approval prior to recording: a. A complete application form, including notarized signatures of the owners of record. b. A Plat Certificate for the property (not more than 30 days old at the time of Final submittal). c. Perimeter lot closures for final review. d. A Copy of the Declaration of Covenants, Conditions and Restrictions. e. A Landscape Bond equal to 125% of the estimated value of any required Landscape plants and installation costs shall be submitted for approval by the City Attorney, prior to C of 0. f. Utility easements shall be created and must appear on plat and in the covenants before final plat recording. Subdivision Code 39. All lots shall be surveyed and recorded. 40. A copy of all easements shall be submitted and recorded on the face of the plat. 41. The Transfer of Density from the Greenbelt to the R4.5 zone shall be recorded on the face of the plat, and a notice to title shall be filed with the final plat. Parks 42. Prior to Final Plat approval, the developer shall provide the City with an amount to be determined by the Council to upgrade playground equipment in a park determined by the City. Roads 43. Prior to final plan approval, Construction Plans shall be submitted and approved by the City Engineer for all road improvements. 44. The layout of the private road for Lots 14-18 is not acceptable. The proposed configuration will create a safety hazard for the motorists. The centerline for the access road from South Flower Avenue must be in straight alignment with the centerline of the above mentioned private road. The engineer shall correct the private roadway alignment prior to obtaining the preliminary plat approval. 45. All new lots shall have access internally within the plat. Lot 7 must have an access internally, not through an easement into South Flower Meadows. The existing easement into South Flower Meadows must be abandoned as a result. Resolution No. 04-06 Page 12 of 12 Recommendation from Planning Commission: Per zoning code, Section 6(7), page 92, the applicant shall improve South Flower Avenue from the south edge of Leora Park I to Fireweed to Access Road standards found in the City's Developers Handbook. Schools 46. To reduce impact to the school system, mitigation fees will be paid at the time of building permit issuance, if the City adopts a general implementing ordinance for school impact fees prior to the date that a complete building permit is accepted. The proponent can also mitigate the impact to the school system by negotiating a settlement with the South Kitsap School District. Landscaping 47. One 2 112 inch caliper Street Tree measuring at least 4' in height shall be planted in the front yard of each lot prior to the final inspection of the building permit. 48. Prior to issuance of a grading or excavation permit, the root protection zone of the significant trees to be retained shall be fenced. No construction materials or equipment may be placed within the drip line of the tree. 49. Prior to site work, the Habitat Management Plan shall be revised to be consistent with the SEPA conditions, and shall be resubmitted for approval by the Planning Director. 50. Prior to any site work, all conditions imposed by the Council regarding the removal or retention of the significant trees shall be in place. Construction 51. Airborne dust shall be mitigated and minimized per the requirements of the Puget Sound Air Quality Control Authority. 52. Hours of construction shall be limited to Monday-Saturday between the hours of 7:00AM to 6:30 PM as indicated in the environmental checklist. 53. If required by the City Engineer, the applicant may be required to sign a no-protest agreement, or some other type of mitigation to address the frontage improvements needed along So. Flower Avenue. 54. All streets are to be kept clean and free of debris at all times. A street sweeper may be required to be on site at all times should tracking mud and debris to and from the site become a problem. PASSED by the Planning Commission of the City of Port Orchard this 23rd day of March 2006. ATIEST: