018-07 - Resolution - Request to Remove Ten Significant TreesRESOLUTION NO. 018-07
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
APPROVING A REQUEST BY OAKRIDGE HOMES TO REMOVE TEN
SIGNIFICANT TREES GREATER THAN 36 INCHES IN DIAMETER ON
A 9.52 ACRE PROPERTY IN ORDER TO ACCOMMODATE THE
PRELIMINARY PLAT/PRD OF FOREST SONG.
Tax Account No. 352401-4-023-2005
Legal Description: The NE 1f4 of Section 35, Township 24N,
Range 1E., W.M., Kitsap County, Washington
WHEREAS, on July 10, 2006, by Resolution No. 025-06, the City Council of the
City of Port Orchard approved the preliminary plat/planned residential development known as
"Forest Song;" and
WHEREAS, on March 12, 2007 by Resolution No. 007-07, the City Council of the
City of Port Orchard approved an amendment to the preliminary plat/planned residential
development known as Forest Song, to allow changes in location of buffers from a Type 5
stream; and
WHEREAS, Applicant Oakridge Homes has submitted a request to remove ten
significant trees which have a diameter at breast height (DBH) of 36 inches or greater; and
WHEREAS, pursuant to the provisions of the City's Zoning Ordinance at Chapter
C4, Section 15-17, the request requires City Council approval; and
WHEREAS, on July 9, 2007, the City Council held the required public meeting 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 ten significant trees of 36 inches or greater in diameter at the Forest Song site; and
WHEREAS, the proposed purpose of this request is to remove ten significant
trees in an area where future grading and clearing must take place to develop homesites for the
approved preliminary plat/planned residential development of Forest Song; 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
from the applicants' representative found to be relevant, credible, and persuasive.
1. The following documents were admitted into the record:
Resolution No. 018-07
Page 2 of 3
a. City Council Agenda Staff Report dated July 9, 2007, inclusive of all attachments.
b. Site Plan.
2. Presentation of staff at the hearing.
3. At the hearing held on July 9, 3007, the Council took testimony from the applicants
representative, William H. Palmer.
3. No other public testimony was offered.
FINDINGS AND CONCLUSIONS
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 Residential 20, which allows the development of
the Forest Song subdivision, as proposed.
2. It was identified during the review process that there were several significant trees
located on the 9.52 acre site, ten of which were 36 inches or greater in diameter.
4. Of the ten trees which are the subject of this request: several are large cedar trees that
would need to be removed to allow construction of several townhomes on the
northwest border of the project; several big-leaf maples in the south and southeast area
of the plat where access roads and some townhomes are proposed; and the rest along
the east and northeast border to allow for both townhomes, parking areas, and roads.
5. 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.
6. Chapter C4, Section 16 of the Zoning Ordinance outlines the requirements for significant
tree removal of caliper 36 inches or greater.
7. The applicant is proposing to remove ten significant trees of 36-40 inches throughout
the development. Significant grading will take place on the parcel and some of these
trees would be impacted by the grading and construction of the roads within the plat.
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 the 86 townhomes and roads associated with the Forest Song
plat/planned residential development.
4. The City Council finds that the proposed use cannot reasonably accommodate the
retention of these three significant trees.
Resolution No. 018-07
Page 3 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON HEREBY RESOLVES AS FOLLOWS:
THAT: Applicant's request to remove the ten identified significant trees is
approved. Applicant shall replace the trees in accordance with Chapter C4,
Section 20 of the Cityfs Zoning Ordinance.
THAT: Applicant shall abide by all other requirements of Chapter C4, Sections
15-21 (Significant Tree provisions) of the Cityfs Zoning Ordinance.
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 23rd day of July 2007.
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' KIM E. ABEL, MAYOR
ATTEST:
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Michelle Merlino, City Clerk