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003-08 - Ordinance - Amending Zoning Map to Change Zoning Designation Known as Pottery Avenue Preliminary PlatCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 CITY OF 200802130156 ptJl2T ORCHARD $ 52 Q© page 1 of 11 �113f20oa 12:18e 02PM !Caren Fiynn: KitsaP Co Aczditor }} ORDINANCE NO. 003-08 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE CITY OF PORT ORCHARD ZONING MAPTO CHANGE THE ZONING DESIGNATION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY OF PORT ORCHARD FROM RESIDENTIAL 4.5 (R4.5) TO RESIDENTIAL 8 (R8), SUBJECT TO THE CONDITIONS OF THE SITE -SPECIFIC PLAN KNOWN AS THE POTTERY AVENUE PRELIMINARY PLAT TAX PARCEL NO. 352401-2-061-2008 and 352401-2-062-2007 LEGAL DESCRIPTION: SW 1/4 of the NW 1/4 of Sec.35, T24N, R1E, W.M. SEE EXHIBIT"A" FOR FULL LEGAL WHEREAS, the City Council previously adopted Zoning Ordinance No. 1748 regulating zoning designations and requirements for development for all properties within the City, now codified in Port Orchard Municipal Code Title 16; and WHEREAS, an application was received on April 17, 2007 from Eagle Homes (Rezone Application R-1163) requesting approval of a rezone to change the existing zoning on a 1.68 acre parcel with a current zoning designation of Residential 4.5 (R4.5) to Residential 8 (R8) in conjunction with an application for a preliminary plat and planned residential development of 10 single family detached homes on property legally described in Exhibit "A"; and WHEREAS, a Mitigated Determination of Non -Significance was issued on October 10, 2007; and WHEREAS, the Planning Commission considered the application at public meetings on October 15, 2007 and November 19, 2007 and recommended approval of the site -specific rezone to the City Council, subject to certain conditions, as set forth in Exhibit "B"; and WHEREAS, the City Council held a public hearing on December 10, 2007 and continued it to January 14, 2008, and heard testimony on the proposal from the applicant and the public; and Ordinance No: 003-08 Page 2of11 WHEREAS, the Comprehensive Plan designation for the property is High -density residential, and the proposed development is consistent with the goals and policies of the Comprehensive Plan; and WHEREAS, the proposed rezone is not detrimental to the health, safety, and welfare of the community and is both consistent with and in harmony with the general purposes of the Zoning Ordinance, Growth Management Act, and Comprehensive Plan; and family. WHEREAS, being fully advised, the Council finds and concludes as follows: TESTIMONY AND EXHIBITS The Council bases its Findings and Conclusions on the following Exhibits and Testimony: 1. The following documents were admitted into the record as exhibits: a. Agenda Staff Report and attachments dated December 10, 2007 and January 14, 2008. b. Planning Commission Resolution No. 014-07 and all supporting documents. c. Planning Commission Staff Report dated October 15 and November 19, 2007. d. Application Packet. e. Wetland Impact Analysis (April 10, 2007; Wiltermood Associates Inc.) f. SEPA Notice. g. Notice to Adjacent Property Owners. 2. Director Long -Woods presented the Staff Report on December 10, 2007. Public Works Director Abed presented the Staff Report on January 14, 2008 and addressed issues relating to the dedication of public right of way. 3. Testimony of Norm Olson, N.L. Olson & Associates, on behalf of the applicant regarding site design, right of way dedication, significant trees, and drainage facilities. 4. Testimony of Dana Harmon, regarding concern about the removal of significant trees. 5. Testimony of Peggy Stewart regarding environmental concerns and traffic on Pottery Avenue 6. Testimony of Brent Lovick, adjacent property owner, expressing concerns with the lot sizes and the environmental impacts on the wetland. 7. Testimony of Alan Stewart, regarding the number of homes to be built on the property. 8. Testimony of Gerry Harmon regarding removal of significant trees. 9. Testimony of Dick Brown regarding site history and prior ownership by the Peabody FINDINGS AND CONCLUSIONS 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 in this ordinance shall control over any inconsistent provisions set forth in Exhibit "B." 2. Exhibit "B," Finding 13 is modified as follows: PORT ORCHARD CITY OF 200802130156 Ordinance Rec Fee. $ 52,00 Page' 2 of 11 02113/2008 12 19 PM Karen FlYnn> KitsaP Ca Auditor 11111111 11111141111111 it 1111 1111111111111 # 411111I ll1 i11111111 I11 I11I1 I1111 I11 It Ordinance No: 003-08 Page 3of11 Fire access appears adequate and shall consist of the following: a. The unobstructed width of a fire apparatus access road shall be not less than 20 feet. b. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. c. The turning radius of a fire apparatus access road shall be a minimum of 25 feet inside diameter and 40 feet outside diameter. d. The gradient of the fire apparatus access road shall not exceed 121)/o. 3. Exhibit "B," Finding 15 is modified as follows: Although the proposal is to rezone the property to R8, the underlying Comprehensive Plan designation is high density residential. Upon consultation with the City Attorney, it was determined that it is not an issue to rezone to a medium -density zone, even though the Comprehensive Plan allows up to R20. 4. The Council further finds that the applicant has requested and the city engineer has approved an administrative variance reducing the side setback from 15 feet to 10 feet on the west side of proposed lot numbers 1 and 4, which are adjacent to Pottery Avenue. 5. The applicant has requested to remove 5 significant trees 36 inches or greater in diameter and the Council further finds that the proposed use cannot reasonably accommodate the retention of the 5 significant trees and that the applicant has agreed to replace the trees at a replacement rate of 3 trees for each significant tree removed. 6. The Council further finds that the SEPA Mitigated Determination of Nonsignificance initially required the applicant to dedicate 15 feet of right of way but that the applicant submitted a timely comment requesting that the dedication be reduced to 7.5 feet and the SEPA official agreed to the reduction, although the change has not been formally recognized in an amended MDNS. 7. The Council further finds that applicant has agreed to execute a waiver of protest for future street improvements to Pottery Avenue, including curb, gutter, and sidewalk. S. Exhibit "B," Conclusion 2 is modified as follows: The proposed rezone is consistent with the Comprehensive Plan. 9. The Council further concludes that the proposed preliminary plat and site plan are consistent with the City's regulations regarding the removal of significant trees. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: PORT ORCHARD CITY OF 200802130156 Ordinance Rec Fee: $ 52.00 Page. 3 of 11 02/1372008 12 18 PM (Caren��� Flynn�, ,,{�K11saP Go Auditor ���� � Ordinance No: 003-08 Page 4 of 11 SECTION 1. Based upon the exhibits, public testimony, recommendations of city staff and the planning commission, and the findings and conclusions contained herein, the City of Port Orchard ,Zoning Map is hereby amended by changing the zoning designation for the property described in Exhibit"A", to -wit: Parcel Numbers 352401-2-061-2008 and 352401-2-062-2007 from Residential 4.5 (R4.5) to Residential 8 (R8), subject to conditions set forth in Planning Commission Resolution No. 014-07 attached hereto as Exhibit "B," except as modified herein, The conditions of approval set forth in this ordinance shall control over any inconsistent provision set forth in Exhibit ,. B. SECTION 2. Exhibit "B," Condition 16 is modified to read: The applicant shall provide a 7.5 foot right-of-way dedication and a waiver of protest agreement for future street improvements to Pottery Avenue, including curb, gutter, and sidewalk, must be submitted prior to final plat. SECTION 3. This rezone is site plan specific to the Pottery Avenue Preliminary Plat and Eagle Homes Rezone R-1163. Pursuant to Part 2, Section 11 of the City of Port Orchard Planning and Development Procedures, any major modification, deviation or departure from the originally approved site plan or application shall constitute a violation of the zone adjustment approval unless City Council has reviewed and approved a modified site plan after conducting a public hearing. The City Council may subject modified site plans to new conditions. SECTION 4. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor attested by the Clerk in authentication of such passage this 28th day,of'-)�huar , 20 Lary ATTEST: �} Michelle Merlino, City Clerk APPROVED AS TO FORM: Sponsored by: City Attorn Carolyn Po , rs, Council Member PORT ORCHARD CITY OF 200802130156 Ordinance Roc Fae: $ 52.00 02/1312006 12,18 PM Page: A of 11 Kdren Flynn, Kit saP Cc Auditor 11111111111 E111 1111111111111111111111111111111 It11111111111111111111111111111111 Ordinance No: 003-08 Page 5of11 EXHIBIT A 352401-2-061-2008 �12044626 1255 POTTERY AVE 35241 E (PARCEL A CITY OF PORT ORCHARD SHORT PLAT RECORDED UNDER AUDITOR NO 8905030092, PO-51) THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE NO*46'35 E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35 A DISTANCE OF 660.95 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE NO*46*35 E ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 218.02 FEET TO THE NORTHWEST CORNER OF THE SOUTH 218 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE S88*29'02 E ALONG THE NORTH LINE OF SAID SOUTH 218 FEET A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S88*29'02 E ALONG THE NORTH LINE OF SAID SOUTH 218 FEET A DISTANCE OF 165.00 FEET; THENCE NO*46'35 E 133.06 FEET; THENCE N88*29'02 W 165.00 FEET TO THE EAST LINE OF THE WEST 15 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE SO*46'35 W 133.06 FEET TO THE TRUE POINT OF BEGINNING. 1-2-062-2007 i2044634 35241E (PARCEL B CITY OF PORT ORCHARD SHORT PLAT RECORDED UNDER AUDITOR NO 8905030092, PO-51) THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, C 200a0213015 g of tit POR'r OnwlR"� D ,aY O©oF Page. 0211312008 Karen K 4i i s it�GO ������������� Ordinance No: 003-08 Page 6 of 1.1. TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE NO*46'35 E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35 A DISTANCE OF 660.95 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE NO*46*35 E ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 218.02 FEET TO THE NORTHWEST CORNER OF THE SOUTH 218 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE S88*29'02 E ALONG THE NORTH LINE OF SAID SOUTH 21.8 FEET A DISTANCE OF 180.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S88*29'02 E ALONG THE NORTH LINE OF SAID SOUTH 218 FEET A DISTANCE OF 149.47 FEET TO THE NORTHEAST CORNER OF SAID SOUTH 218 FEET; THENCE NO*48'45 E ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35 A DISTANCE OF 235.75 FEET TO THE SOUTHEAST CORNER OF THE NORTH 210 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE N88*58'29 W ALONG THE SOUTH LINE OF SAID NORTH 210 FEET A DISTANCE OF 31.4.60 FEET TO THE EAST LINE OF THE WEST 1.5 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE SO*46'35 W ALONG SAID EAST LINE A DISTANCE OF 100.00 FEET; THENCE S88*29'02 E 165.00 FEET; THENCE SO*46'35 W 133.06 FEET TO THE TRUE POINT OF BEGINNING. PORT ORCHARD CITY OF 200802130156 ordinance Reo Fee: $ 52.00 Page: 6 of 11 0211312008 12 18 Phi KarenFlynn. KitsaP Go Auditor 111111 III 111 lilt 1111 It!III IIIIIII IIIIII IIII IIII It 11 IIIIIII III fll{I IIIII ill! IIII EXHIBIT B Ordinance No: 003-08 Page 7 of 11 RESOLUTION NO. 014-07 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, PLANNING COMMISSION RECOMMENDING APPROVAL WITH CONDITTONSTHE POTTERYAVENUE PRELIMINARY PLAT/, PLANNED RESIDENTIAL DEVELOPMENT AND REZONE APPLICATION FOR PROPERTY LOCATED SOUTH OF THE INTERSECTION OF MELCHER STREET AND POTTERY AVENUE. WHEREAS, the property owner has filed an application with the City (SUBDIV 07- 01/PRD) for a preliminary plat and planned residential development to subdivide a 1.68 acre site into 10 residential lots on property located south of the intersection of Melcher Street and Pottery Avenue, parcel numbers 352401-2-061-2008 and 352401-2-062-2007; and WHEREAS, the applicant filed an application with the City (R 1163) for a rezone of the parcels from Residential 4.5 to Residential 8; and WHEREAS, on October 15 and November 19, 2007, the Planning Commission held public meetings on the application; and follows: WHEREAS, being fully advised, the Planning Commission finds and concludes as TESTMONY AND EXHIBITS The Planning Commission bases its findings and Conclusions upon the following Exhibits and Testimony that it finds to be relevant, credible, and persuasive. The following documents were admitted into the record; A. Staff Report dated November 19, 2007 with attachments. B. Draft October 15 Planning Commission minutes. 2. Norm Olson, of N.L.Olson and Associates, spoke on behalf of the applicant. He described the major components of the project, 3. Don van Dusen, applicant, of Eagle Homes, testified as to the type of homes that would be built on the site. 4. Allen Stewart, stated that traffic and driving speeds on Pottery Avenue have increased with each new development, and sidewalks and other improvements have not been installed. 5. Liz Sander, a neighboring property owner, inquired as to whether a fence would be required on the property line. She indicated that she would like to see Pottery Avenue street improvements and a speed bump. 6. Peggy Stewart, expressed concerns about effects on the wetlands and wildlife, increased traffic and speed on Pottery Avenue, and higher taxes for improvments. 7. Laurie Walton, a neighboring property owner, inquired about a perimeter fence. PORT ORCHARD CITY OF 200802130156 Ordinance Rec Fee: $ 52.00 02I13l200e 12:18 PM Karen Flynn. Kitsap Cc Ruditc,, Page: 7 ©f 11 1lllllll�lllE1111N11illlllliltllllllllllillllliIlilt lll11111111ililllllll111111 FINDINGS General Ordinance No: 003-08 Page 8 of 11 1. The application for preliminary plat/PRD SUBDIV 07-01 was submitted on April 17, 2007. 2. The application for rezone R-1163 was submitted on April 17, 2007. 3. The SEPA Mitigated Determination of Nonsignificance was issued on October 10, 2007. 4. Water and sewer will be provided by the City of Port Orchard. 5. The minimum lot area required for a PRD is one acre. The property is 1.69 acres, and meets the minimum requirement. Site Conditions: 6. The site contains a portion of a Type III wetland that continues offsite. The standard buffer width is 50-feet, with a 15-foot building setback. The proponent is proposing buffer averaging in accordance with Chapter 2, Section 5 of the City's Critical Areas Ordinance. 7. Part of the right-of-way for the proposed cul-de-sac is shown as encroaching into the wetland buffer, although the paved portion of the road is not. There is pavement proposed within the 15-foot setback from the buffer. 8. A wetland analysis report, prepared by Wiltermood Associates, Inc. and dated April 10, 2007 was submitted to the City. 9. Grading is generally expected to the extent required to create level building lots. 10. There is currently a large church/house building, and a garage outbuilding on site that will be demolished. There is also a large amount of abandoned machinery, a vehicle and other debris that will be disposed of. Fire; 11. 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 B of the City of Port Orchard Fire Code. 12. Hydraulic calculations or proof of Fire flow shall be provided to the Fire District showing that adequate fire flow can be severed before final platting can occur. This information will need to be provided and approved by the Fire District before the District can approve any permits. 13. Fire department appears adequate and shall consist of the following: 1. The unobstructed width of a fire apparatus access road shall be not less than 20 feet. 2. All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions or the turning around of fire apparatus. 3. The turning radius of a fire apparatus access road shall be a minimum of 25 feet inside diameter and 40 feet outside diameter. 4. The gradient of the fire apparatus access road shall not exceed 12%. PORT ORCHARD CITY OF 20080213016 Ordinance Rec Fee: $ 52,00 02/1312008 12:18 PM page: 9 of 11 Karen Flynn, Kitsap Cc Auditor 1111111111111111 IIII Illill 111111$ 1111H 11111 IN 1111111 III111111111 III 1111111111 IIII 111 Ordinance No: 003-08 Page 9 of 11 14. Before any construction related to this project is initiated, the fire hydrants and access roads shall be installed and approved by SKFR and the City of Port Orchard. Access roads shall be a minimum of 20 feet in unobstructed width, be designed and maintained to support the imposed loads of fire apparatus (75,000 pounds) and must have a surface that provides all-weather driving capabilities. Land Use/Zoning 15. Although the proposal is to rezone the property to R8, the underlying Comprehensive Plan designation is high -density residential. Upon consultation with the City Attorney, it was determined that it is not an issue to rezone to a medium -density zone, even though it does not comply with the Comprehensive Plan. 16. The development is being reviewed under the provisions of a PRD as required by the Comprehensive Plan Land Use Element Pg VI-9 (4). 17. The minimum total lot area required for property proposed for a planned residential development is one acre. The proposal of 1.68 acres complies with this requirement (Chapter B5, Section 4d). 18. Chapter C1, Section 7 of the City of Port Orchard zoning code addresses density credits for sensitive areas. Wetlands and their buffers qualify for density credits. Using density credits, the property has a maximum density of 10 lots. These lots will need to be part of a planned residential development (PRD), since they will not meet the minimum lot size of 5,445 square feet. 19. Recreational amenities are required as part of a PRD. The applicant is proposing a picnic area and a trail in the open space tract. Trails and trail related facilities are allowed outright in the buffer for a Type III wetland. The trail, as proposed, would be located in the outer 25 feet of the buffer. PRD Criteria 1. The applicant has addressed Chapter B3, Section 6B (See attached narrative). 1) Seneflt the community more than if the project complied with the established standards, guidelines, and policies ... Staff response: The property is located within the comprehensive plan designation for high density residential uses. The applicant will be constructing frontage improvements Z) Clearly specify residential and other land uses through detailed site plans, lot layouts, and building elevations .. . Staff response: Lot layouts are provided on detailed site plans illustrating setbacks, vehicular circulation, visitor parking, pedestrian amenities, and landscaping. Building elevations for the particular houses will be provided at building permit application, and must be in compliance with City codes. 3) Preserve unique or sensitive physical features such as steep slopes and views, and retain natural vegetation ... Staff response: 22 percent of the site will be preserved in a wetland tract. There will be some encroachment of the cul-de-sac right-of-way into the wetland buffer. The applicant proposes to use buffer averaging to mitigate the encroachment. 25 significant trees will be taken out, including four trees over 36 inches in diameter. 4) Provide more open space and recreational amenities than would be available under conventional land development practices .. . FORT ORCHARD CITY OF 200802130156 Ordinance Reo Fee, $ 52.00 02113,2008 12:18 Phi Page 9 of 11 Karen Flynn, Kitsap Co Auditor II111111 111111111 1E 111111111III1Ill H1111111IIII111111111111111ill I111111111111 if Ordinance No: 003-08 Page 10 of 11 Staff response: As proposed, 16,354 square feet of the site will be set aside as open space, which will be accessible via a trail that connects to the sidewalk. 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, .. . Staff response: There are no plans for rear parking or the provision alleys. While the lot sizes are not uniform, there is not a great deal of difference in lot width at the street. 6) Specifically demonstrate its benefit to the surrounding neighborhood and community at large ... Staff response: The project will benefit the community by providing affordable single- family housing. It will also provide pedestrian connectivity for the plat, and some neighboring properties, to bus stops and commercial/shopping areas. 7) Specify the phasing of the development of a site .. . Staff response: As of the most current site plan submittal, there is not phasing involved in the development of the plat. 8) Provide public facility sites or improvements, such as road improvements, utilities, parks, or open space ... Staff response. The proposed plat will provide pedestrian improvements and landscaping along Pottery Avenue. There will also be sidewalks and street trees installed along the internal plat street. There will be a small area with picnic tables and a trail, and some designated open space as part of the plat. CONCLUSIONS I . The proposed subdivision is consistent with the Comprehensive Plan. 2. The proposed rezone is not consistent with the Comprehensive Plan, but legal advice indicates that a medium -density zone is not problematic. 3. The proposed site plan is consistent with the PRD provisions of the Zoning Ordinance. CONDITIONS OF APPROVAL SEPA 1. All SEPA conditions shall be met as outlined in the Mitigated Determination of Non - Significance issued October 10, 2007 Zoning Z. All conditions identified by City Departments and other agencies must be met prior to the approval of final construction plans. 3. A landscaping plan meeting the requirements of Chapter C4 of the zoning code must be submitted with the clearing and grading permit. 4. A tree replacement plan must be submitted and approved with the clearing and grading permit. 5. If feasible, all significant trees shall remain onsite in the perimeters of all lots, and not be removed. 6. Prior to Certificate of Occupancy, the landscaping must be bonded according to the provisions of Chapter C4, Section 22, The bond is subject to approval by the Planning Director and/or the City Attorney. PORT ORCHARD CITY OF 200802130156 Ordinance Ree Fee. $ 52.00 Page: 10 of 11 02/1312008 12:18 PM Karen riynn, Kitsap Co Auditor 11111111 III 11111111111111111111111 11111 Milli 4111411 IIIII Il11III 111114111111111 Ordinance No: 003-08 Page 11 of 11 7. A separate sign permit is required for any signage proposals. & Maintenance for common areas and facilities must be included in Codes, Covenants and Restrictions (CC & R"s) specific to the Pottery Avenue Plat. 9. A split rail fence must be installed along the edge of the non -disturbed buffer area prior to grading activity on the site. 10. A six-foot cedar fence must be installed around the perimeter of the lots, including the south boundary of Lots 1-3, the east boundary of Lot 3, the north side of Lots 4-10, the south boundary of Lot 10, but excluding the wetland tract. Stormwater 11. The stormwater plan must be revised to the satisfaction of the City Engineer, prior to site development. 12. The Applicant or his designee is responsible for permanent stabilization and restoration of the project site. 13. All stormwater system improvements shall be completed prior to issuance of any building permit applications. 14. A stormwater maintenance agreement must be submitted and approved by the City Engineer. Traffic Roads 15. Prior to final plan approval, construction plans shall be submitted and approved by the City Engineer for all road improvements. I& A right-of-way dedication and a waiver of protest agreement for future improvements to Pottery Avenue must be submitted prior to final plat. 17. Applicant shall relocate the cul-de-sac so that the paved area does not intrude into the 15-foot wetland buffer setback. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the City Council approve the Pottery Avenue Preliminary Plat/PRD and Rezone of tax parcels 352401-2-061-2008 and 352401-2-062-2007. PASSED by the Planning Commission of the City of Port Orchard, this 19`" day of November, 2007. Gil Michael, Chair ATTEST: Joanne Long -Woods Planning Director of 2gyg�802130page ag Al O� e. 1,011'( optcvkARD 52 bt1 i 44 4 } or ff 13!20p8 52:188PM Kat en � 1 Yrin 'kk ������t 4���i ���������������������t�I NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held January 28, 2008. ORDINANCE NO, 003-08 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE CITY OF PORT ORCHARD ZONING MAP TO CHANGE THE ZONING DESIGNATION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY OF PORT ORCHARD FROM RESIDENTIAL 4.5 (R4.5) TO RESIDENTIAL 8 (R8), SUBJECT TO THE CONDITIONS OF THE SITE -SPECIFIC PLAN KNOWN AS THE POTTERY AVENUE PRELIMINARY PLAT Copies of Ordinance No. 003-08 is available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 003-08 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick Deputy City Clerk Publish: Port Orchard Independent February 2, 2008