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115-09 - Resolution - Nine-Lot Turtle Ridge SubdivisionIntroduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 115-09 Planning Director Planning Director Planning Director November 24, 2009 November 24, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ALLOWING A WAIVER FROM THE STREET STANDARDS LIMITING THE NUMBER RESIDENCES SERVED FROM A PRIVATE ROAD TO FIVE LOTS AS REQUIRED IN CITY COUNCIL RESOLUTION NO. 1971 FOR THE NINE-LOT TURTLE RIDGE SUBDIVISION, FILE NO. SUBD 09-01 WHEREAS, the City Council has adopted private road standards in Resolution No. 1971 in which private roads are limited to serving 5-dwelling units and can only be uses in short plats unless an exemption is specifically granted by the City Council; and WHEREAS, Caseco Lane is a private road constructed by Mr. Dan Case and it serves short plats S-1054, S-1069, S-1069, S-1099 WHEREAS, Steve Dutton on behalf of property owner Maureen Barta, submitted an application for a nine lot Subdivision on 8.8 acres entitle Turtle Ridge Preliminary Plat; and WHEREAS, on September 24, 2009, a public hearing was held with the Hearing Examiner with proper notification according to city of Port Orchard requirements, and WHEREAS, on October 5, 2009, the Hearing Examiner issued findings, conclusions and decision in the Turtle Ridge Preliminary Plat, and WHEREAS, the Hearing Examiner approved the Turtle Ridge Preliminary Plat ''~th conditions, and WHEREAS, approval condition no. 43 states "This plat is approved upon a waiver of the road standards othermse applicable to plats as defined in Ordinance 1971. The City Council alone has the authority to waive the road standards and must waive those road standards identified in Conditions No's 31, 34, 35 and 36 pursuant to Resolution No. 1971 in order for this plat to proceed. In considering request for waiver regarding road standards for the proposed plat, the City Council will only review those proposed waivers. No other aspect of the proposed plat would be reviewed or modified by the City Council unless there is an appeal of the decision of the Hearing Examiner as provided in POMC 2.76.140." Resol ut ion No. 11 5-09 Page 2 of 2 WHEREAS, the property owners r e presentative, Mr. Steve Dutton h as m et with, and gained Ca seco Lan e n eighborhood s upport for proposed im provements to Caseco lane as evidenced by a p etition in favor of the subdivision an d improvements ; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: 1. The fiv e -dwelling unit limit for private roads was adopted d uri ng s uccessive short plat process and is applicable to Caseco Lane. 2. The applicant will m a ke adequate improvement t o Caseco Lane as s hown on the attached n eighborhood petition and draft road improve ment pl a n. 3. Improvements wi ll b e made prior t o final Plat approval throu gh City Council Ordinance. 4· The City Council waives the r equire ments of Reso lutio n 1971 for Caseco Lane. 5· This waiver only applies to the nine-lot Turtle Ridg e Subdivision. PASSED by the City Council of the City of Port Orcha rd, SIGNED by the Mayor and attested by the Clerk in authentication of s uch passage this 24th day of November 2009 .