017-06 - Ordinance - Horstman Heights Zoning Designation and MapNOTICE 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 September 25, 2006.
ORDINANCE NO. 017-06
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
ZONING DESIGNATION AND MAP FOR TWO PARCELS: A 0.46 ACRE PARCEL
LOCATED WITHIN THE CITY OF PORT ORCHARD FROM RESIDENTIAL 4.5 (R4.5)
TO RESIDENTIAL 20 (R20) AND A 4.92 ACRE PARCEL FROM COMMERCIAL,
RETAIL AND OFFICE (CO) TO RESIDENTIAL 20 (R20), SUBJECT TO THE
CONDITIONS OF THE SITE -SPECIFIC PLAN KNOWN AS HORSTMAN HEIGHTS
Copies of Ordinance No. 017-06 are 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. 017-06 will be
provided at a nominal charge.
City of Port Orchard
M-0-c"
Michelle Merlino
Interim City Clerk
Publish: Port Orchard Independent
September 30, 2006
KitsaplegalsCcnsoundoublishing.com
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
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PORT ORCHARO CITY OF
ORDINANCE NO. 017-06
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING ZONING DESIGNATION AND MAP FORTWO PARCELS: A
0.46 ACRE PARCEL LOCATED WITHIN THE CITY OF PORT ORCHARD
FROM RESIDENTIAL 4.5 (R4.5) TO RESIDENTIAL 20 (R20) AND A
4.92 ACRE PARCEL FROM COMMERCIAL, RETAIL AND OFFICE (CO)
TO RESIDENTIAL 20 (R20), SUBJECT TO THE CONDITIONS OF THE
SITE -SPECIFIC PLAN KNOWN AS HORSTMAN HEIGHTS
TAX PARCEL NOS. 302402-3-020-2000 AND 302402-3-025-2005.
LEGAL DESCRIPTION: SW 1/4 Sec.30, T24N, R2E, W.M.
FULL LEGAL: EXHIBIT A
WHEREAS, the City Council previously adopted Zoning Ordinance No. 1748
regulating zoning designations and requirements for development for all properties within the City;
and
WHEREAS, an application was received on June 17, 2005 by David Alan
Development, LLC (Rezone Application R-1156) requesting a rezone to change the existing zoning
on two parcels within the proposed preliminary plat/planned residential development of Horstman
Heights: a 0.46 acre parcel, with a current zoning designation of Residential 4.5 (R4.5) to
Residential 20 (R20); and a 4.92 acre parcel with a current zoning designation of Commercial, Retail
and Office (CO) to Residential 20 (R20); legally described in Exhibit A; and
WHEREAS, a Mitigated Determination of Non -Significance was issued on August 16,
2006; and
WHEREAS, the Planning Commission held a public meeting on August 21, 2006 and
recommended approval of the site 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 September 11, 2006 and heard
testimony on the proposal from the applicant and the public; and
WHEREAS, the Comprehensive Plan designation for the property is Residential High
Density and the proposed development is consistent with the goals and policies of the
Comprehensive Plan; and
Ordinance No. 017-06
Page 2 of 3
WHEREAS, the proposed rezone is not detrimental to the health, safety, and welfare
of the community and is consistent with the Zoning Ordinance, Growth Management Act, and
Comprehensive Plan; and
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 dated September 11, 2006.
b. Planning Commission Resolution No. 013-06
c. Planning Commission Staff Report dated August 21, 2006
d. Application Packet.
e. Notice/SEPA/DNS
f. Notice to Adjacent Property Owners
2. Director Long -Woods presented the Staff Report.
3. Norm Olson testified on behalf of the applicant.
4. Heather Wilson asked Council to consider frontage improvements to Horstman.
FINDINGS AND CONCLUSIONS
The Council adopts the findings and conclusions as set forth in the staff report and Planning
Commission resolution number 013-06 (Attached Exhibit B) as its own, and the same are
incorporated by reference; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
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, adopted by Ordinance No. 1748, is hereby amended by changing the zoning
designation for Parcel No. 302402-3-020-2000 from Residential 4.5 (R4.5) to Residential 20 (R20)
and Parcel No. 302402-3-025-2005 from Commercial, Retail and Office (CO) to Residential 20 (R20),
and subject to conditions set forth in Planning Commission Resolution No. 013-06 attached hereto as
Exhibit "B," except as modified herein. The conditions of approval set forth herein shall control over
any inconsistent provision set forth in Exhibit "B."
SECTION 2. The applicant shall sign a waiver of protest agreement in a form provided by
the City and approved by the City Attorney waiving the applicant's right to protest the formation of a
Local Improvement District (LID) for future Horstman Road improvements to include pavement
widening, curb, gutter, sidewalk, street lights, storm water system, and landscaping, as provided in
the City's Development Standards.
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Ordinance No. 017-06
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SECTION 3. This rezone is site plan specific to the James Corporation and David Alan
Development, LLC, Rezone R-1156. 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 and
attested by the Clerk in authentication of such passage this 25th day of September, 2006.
ATTEST:
Michelle Merlino, Interim City Clerk
KIM E. ABEL, MAYOR
Sponsored by:
Rick Wyatt, Council Member
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Ordinance No. 017-06
Exhibit "A"
Tax Description
Tax Account No. Process No. Situs Address
02402.3-025-2005 1207786
30242E
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 30, TOWNSHIP 24 NORTH, RANGE 2 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
30; THENCE RUNNING NORTH 89*52' EAST 245.91 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 0*06' EAST 455 FEET; THENCE NORTH 89*52' EAST
107.60 FEET; THENCE SOUTH 0*06' WEST 35 FEET; THENCE EAST PARALLEL WITH
HORSTMAN ROAD 101 FEET; THENCE NORTH 0*06' EAST 200 FEET TO THE
SOUTHERLY MARGIN OF SAID HORSTMAN ROAD; THENCE NORTH 89*52' EAST
ALONG THE SOUTH MARGIN OF SAID HORSTMAN ROAD, A DISTANCE OF 215.49
FEET; THENCE SOUTH 0*06' WEST 620 FEET TO THE SOUTH LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 89*52'
WEST ALONG SAID SOUTH LINE 424.09 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 30; THENCE NORTH 89*52' EAST 670 FEET; THENCE
NORTH 0*06' EAST 620 FEET TO THE SOUTHERLY MARGIN OF HORSTMAN ROAD;
THENCE ALONG THE SOUTHERLY MARGIN OF HORSTMAN ROAD SOUTH 89*52'
WEST 215.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID MARGIN OF SAID ROAD SOUTH 89*52' WEST 10.00 FEET; THENCE
SOUTH 0*06' WEST 200.00 FEET; THENCE NORTH 89*52' EAST 10.00 FEET; THENCE
NORTH 0*06' EAST 200.00 FEET TO THE TRUE POINT OF BEGINNING; ALSO EXCEPT
THE SOUTH 30 FEET CONVEYED TO KITSAP COUNTY FOR RIGHT-OF-WAY
PURPOSES FOR ORLANDO STREET BY AUDITOR'S FILE NUMBER 862225; SITUATE IN
THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON.
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IIIIIIII ORCHflRO CCITY OF ORD $45.00 Kit F L
Ordinance No. 017-06
Exhibit "A"
Tax Description
Tax Account No. Process No. Situs Address
02402-3-020-20 11207729
30242E
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION
30, TOWNSHIP 24 NORTH, RANGE 2 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID
SUBDIVISION SOUTH 89*38'39"EAST 966.92 FEET FROM THE SOUTHWEST CORNER
THEREOF; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89*38'39" EAST
100.00 FEET; THENCE NORTH 5*12'00" WEST 230.00 FEET; THENCE NORTH 89*38'39"
WEST 100.00 FEET; THENCE SOUTH 5*12'00" EAST 230.00 FEET TO THE POINT OF
BEGINNING; EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED TO KITSAP
COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER AUDITOR'S FILE
NUMBER 862225; SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP,
STATE OF WASHINGTON.
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RESOLUTION NO. 013-06 Exhibit "B"
Ordinance No. 017-06
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
PLANNING COMMISSION RECOMMENDING APPROVAL WITH
CONDITIONS THE HORSTMAN HEIGHTS PRELIMINARY PLAT,
PLANNED RESIDENTIAL DEVELOPMENT AND REZONE
APPLICATION FOR PROPERTY LOCATED AT THE INTERSECTION
OF TUFTS AVENUE AND HORSTMAN ROAD.
WHEREAS, the property owner has filed an application with the City (SUBDIV
05-02/PRD) for a preliminary plat and planned residential development to subdivide a 10.92
acre site into 54 residential lots on property located at the intersection of Tufts Avenue and
Hortsman Road, parcel numbers 302402-3-020-2000, 302402-3-021-2009, and 302402-3-025-
2005; and
WHEREAS, the applicant filed an application with the City (R 1156) for a rezone
of two of the parcels; 302402-3-020-2000 from R4.5 to R20 and parcel 302402-3-025-2005
from Commercial to R20.
WHEREAS, on August 21, 2006, the Planning Commission held a public meeting
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.
1. The following documents were admitted into the record:
A. Staff Report dated August 21, 2006 with attachments.
B. August 21, 2006 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 and made several recommendations and
comments goncerning the conditions of approval for sidewalks, right of way, setbacks, and
significant tr6es.
3. Bill Rafferty testified that Horstman Road was very dangerous and he was
concerned about the safety of children walking up from Olney Road.
4. Ron,,)Hempel stated that the City should not alter the significant tree ordinance.
5. William M. Palmer indicated that in the 1980s, this property was to have a
commercial development on it, so a dense residential development was better for neighbors.
6. Jennifer Light had several questions for the applicant concerning traffic, speed,
and crime.
7. Pat Waters indicated that he was a builder and local employer, and that it was
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important to have new development so that he could keep his employees working.
8. L.E. Cass indicated that he has a stream on his property that was adversely
affected by the Kmart development and is concerned about the effects of the Horstman Heights
storm system.
9. Dick Brown gave testimony about the drainage in the area, including the Kmart
system and Olympic Pointe apartments.
FINDINGS
General
1. The application R-1156 for a zone reclassification for two of the three subject parcels to R20
zoning, was received on June 17, 2005.
2. The application SUBDIV 05-02, a PRD for 50 lots, was received on June 17, 2005. Kitsap
County Assessor Information shows that Alan David Development LLC, is the property
owner. The James Corporation is the applicant. David Milne, Manager or David Alan
Development, LLC, submitted a letter on August 11, 2006, authorizing Jim James to serve
as agent for the owner. Subsequent site plans have been revised to show 54 lots.
3. The NOA/Notice of intent to issue the MDNS was issued March 1, 2006.
4. Water is provided by Annapolis Water
5. Sewer is provided by Karcher Creek Sewer District.
6. The Determination of Completeness was issued on December 16, 2005; however, the site
plan was recently revised to allow for detached housing in the R20 zone.
7. The minimum total developable lot area required for property proposed for a planned
residential development in the R20 zone is one acre. The proposed site complies with and
exceeds this provision.
Site Conditions
8. Steep slopes, located north and south of the proposed development are landslide hazard
areas due to the site classification of intermediate stability slopes, severe erosion potential
as classified by the SCS, and slope gradients exceeding 50 percent.
9. A Geotechnical Engineering Report submitted by N.L. Olson and Associates, Inc., written by
Wesley R. Johnson, P.E. in August 2005 If all recommendations of the report are followed,
the potential for large scale sliding or deep-seated failures on this property resulting from
the proposed construction is negligible and the overall slope stability under the present
conditions appears good.
10. The site contains two Category III wetlands. The buffer width standard is 50 feet, however
Buffer Averaging is proposed as provided in Chapter 2, Section 5 of the Critical Areas
Ordinance.
11. A wetland Mitigation Plan is required to demonstrate that such averaging can clearly provide
as great or greater functions and values as would be provided under the standard buffer
requirement.
12. The minimum buffer width is 25 feet.
13. The site contains an intermittent stream with an associated ravine that will be untouched as
a dedicated open space tract.
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14. The site contains a ridge that extends from the north to the southeast, with 10 to 20
percent slopes at the ridge, and 20 to over 50 percent slopes on the remainder of the
property. As such, it is subject to a geologic hazard assessment and a geotechnical
engineering evaluation for the proposed development.
15. The Geotechnical analysis finds that the site would be classified as a Geologically Hazardous
Area, but if all recommendations are followed, there would be minimal risk of erosion or
landslide events.
16. Based on the results of the geologic assessment, the site is suitable for the proposed
residential plat development.
17. Grading at the site is expected to be major, with cuts of up to 25 feet.
18. Approximately 800 linear feet of 8 to 10 foot (exposed) retaining wall will be installed on
site for stabilization and to create level building sites.
Traffic
19. Primary streets serving the site are a two-lane arterial, a two-lane collector, and a two-lane
local access street.
20. Olney Avenue is a north -south arterial with 11-foot travel lanes and 3-foot paved shoulders
south of Horstman Road. It connects Jackson Avenue at Mile Hill Drive to the south with
Beach Drive/Bay Street to the north at Sinclair Inlet.
21. Horstman Road is a two-lane east -west collector that connects Olney Avenue with Hillandale
Drive in the east. It has 11-foot travel lanes with no shoulders except for a wide
shoulder/school bus stop on the north side, east of Tufts Avenue. Horstman Road is a
Kitsap County right-of-way.
22. Orlando Street is an east -west local access street that primarily serves the Olympic Pointe
Apartments. It has two 12-foot travel lanes with a 5-foot sidewalk. There is unimproved
right-of-way uphill east of Olympic Pointe Apartments, and another segment of Orlando
accessed from Horstman Road, which has no shoulders or sidewalk.
23. Tufts Avenue is a north -south local access road that provides access to the Sinclair Heights
subdivision in unincorporated Kitsap County. Although it connects with other small streets,
there is no outlet other than the Horstman access. The proposed main access to Horstman
Heights is located directly across Horstman from Tufts Avenue,
24. The nearest transit service line is provided along Olney Avenue. Kitsap Transit routes 6 and
81 provide daily service on Olney Road at Horstman and at Orlando. No trip reductions are
used in forecasting future traffic conditions due to provided transit service.
25. The proposed access location has adequate sight distance to the east and west from both
proposed access roads, according to the Traffic Impact Analysis prepared by Gibson Traffic
Consultants, dated September 30, 2005.
26. Roughly 517 daily trips would be created on a typical weekday of which approximately 55
trips are expected into and out of the site during the PM peak hour (numbers were adjusted
by staff from the original report based on the addition of four new lots). No morning peak
hour projections were provided in the report.
27. Future traffic due to the proposed project would cause minimal increases in delays to the
key intersections.
28. According to the traffic impact analysis, no off -site traffic mitigation is necessary for the
project.
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29. The level of service (LOS) at the Horstman/Tufts intersection will remain at LOS A with the
addition of the project.
30. The Olney/Horstman intersection will remain at LOS B with the proposed development.
3 L The Olney/Orlando intersection will remain at LOS B with the proposed development.
32. A sidewalk and street trees are to be installed on the north side of Orlando from the project
access road for approximately 345 feet to Olney.
33. Sidewalks and street trees will be installed on both sides of internal access streets for
Horstman Heights.
Land Use/Zoning
34. The purpose of the R20 zone is to allow high density residential development in urban
locations where public services and facilities are most available; and to implement
comprehensive plan goals and policies for housing quality, diversity, and affordability, and
to efficiently use residential land, public services, and energy. Single-family detached
housing is allowed in this zone per Ordinance 012-06.
35. The development is being reviewed under the provisions of a PRD as required by the
Comprehensive Plan Land Use Element Pg VI-9 (4).
36. The density is determined by net useable acre (total site area less sensitive environmental
features and dedications) multiplied by 20. The site is 10.92 acres. Approximately 75%
(8.19-acres) of the site is constrained by steep slopes (30% or greater). Right-of-way
consists of 2.16-acres. Onsite storm water detention facilities consist of approximately .43-
acres. The zoning for this site with density credit would support 55 dwelling units.
37. The minimum total lot area required for property proposed for a planned residential
development is one acre. The proposal of 10.92 acres complies with this requirement
(Chapter B5, Section 4d).
38. The proposed PRD provides an average lot size of 4000 square feet. The provision of alleys
and designs which incorporate parking at the rear is not appropriate on the subject parcel
because the presence of steep hillsides.
Site Plan/PRD
39. The applicant has addressed Chapter B3, Section 6B (See attached narrative).
1) Benefit 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. One of the large pieces of property was recently changed
from commercial zoning to high density residential. The location of the property, with
medium -density residential to the north (Sinclair Heights), and multi -family (Olympic
Terrace Apartments) to the south, is appropriate as a transition zone between single-family
and multi -family. Without the PRD, the project would be limited to a multi -family
development, per Ordinance 012-06 and would not provide the density transition that this
development provides. The PRD will also provide a pedestrian corridor from Horstman to
the commercial developments on Mile Hill, and may encourage more pedestrian activity
from residents of Horstman Heights and Sinclair Heights.
2) Clearly specify residential and other land uses through detailed site plans, lot layouts, and
building elevations ...
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Staff response. Lot layouts are provided on detailed site plans illustrating setbacks,
vehicular circulation, visitor parking, pedestrian amenities, and landscaping. Updated
building elevations have been provided that show a typical single-family detached home.
Staff understands that the lots may be sold and different designs may be submitted at a
later date.
3) Preserve unique or sensitive physical features such as steep slopes and views, and retain
natural vegetation ...
Staff response: Tract D, on the northeastern portion of the site, will be preserved,
although there will be some buffer encroachment in lots 1-11. The applicant proposes to
use buffer averaging to mitigate the encroachment. Aside from Tract D and Tract E, the
proposed park, the entire site will be subject to some dramatic regrading, with cuts of up to
25 feet. No native vegetation will be preserved, except in Tract D. 101 trees over 18-
inches in diameter are to be removed.
4) Provide more open space and recreational amenities than would be available under
conventional land development practices ...
Staff response: Although 3.56 acres of the site are set aside as open space, only 7,664
square feet are available for recreation, Tract E shows some replacement trees and picnic
tables on the site plan, but it is not clear how frequently this will be used by residents due
to its proximity to the main entrance of the plat and its small size. Tracts A, C, and D are
shown on the site plan as open space, but do not preserve vegetation or slopes, or provide
for recreational opportunities due to the steep topography and large retaining planned for
the site. No access to these areas are depicted on the site plan.
Planning Commission Recommendation: The applicant was proposing to create a
regional park at the bottom of the slope, adjacent to the apartments. However,
the land is not owned by the applicant and noplanhas been submitted. The
Planning Commission liked the idea of the park, but wanted a condition of
approval added that would require either the creation of a regional park, or
providing for the cost and installation of a park in the neighborhood.
S) 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 of alleys, due to the
steep topography of the site. 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,
Planning Commission Recommendation: Although the revised site plan shows
some pedestrian circulation within the plat, there is limited connectivity to the
adjacent streets, such as Orlando and Horstman. Also, if the applicant does end
up building a park, there needs to be additional pedestrian access added to
access the proposed park facility.
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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 street trees
along Orlando Street. There will also be sidewalks and street trees installed along the
internal plat streets. A retention pond will be installed onsite. All appropriate utilities will be
installed to serve the future homesites. There will be a small area with no amenities aside
from three to four picnic tables, and some designated open space as part of the plat. Staff
is requesting pedestrian paths from the ends of the cul-de-sacs to Orlando Street and stairs
or a path to the upper part of Orlando Street.
The site plan has been revised from the original application to include 54 detached single-
family homes. The previous plan included attached housing, and a reserve tract for multi-
family.
Although there are no pending building plans, the submitted building elevations show either
one or two car garages. With a 15-foot building setback, and no on -street parking, parking
for guests and extra cars may become an issue in the future. No extra parking space are
provided at this time.
CONCLUSIONS
1. The proposed subdivision is consistent with the Comprehensive Plan.
2. The proposed site plan is consistent with the PRD provisions of the Zoning Ordinance.
3. The significant tree replacement plan is not in compliance with a ratio of 3:1 as required in
the landscaping section of the Zoning Ordinance and will have to be revised and approved
prior to the issuance of clearing, grading, and or any construction.
4. The proposed development meets most of the minimum requirements of the City's
Stormwater Manual.
5. The proposed Preliminary Plat does not adequately address parks and recreation
requirements of the City's Subdivision code.
6. The tree replacement plan will need to be revised to meet minimum standards as outlined in
the zoning Ordinance.
CONDITIONS OF APPROVAL
SEPA
1. All SEPA conditions shall be met.
ZONING
2. All conditions identified by City Departments and other agencies must be met prior to
the approval of final construction plans.
3. Prior to Final site development approval, the Landscape Plan must be revised and
submitted for approval, meeting the provisions of Chapter C4.
4. Except for areas of undisturbed existing vegetation or low areas with existing high soil
moisture conditions, landscape areas shall have temporary irrigation systems. Such
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systems may be removed after 24 months or 2 growing seasons, whichever occurs first,
provided that the plantings are established.
5. Prior to Final Plat approval, the landscaping must be bonded according to provisions of
Chapter C4, Section 22, The landscape bond is subject to approval by the City Attorney.
6. A separate sign permit is required for any signage proposals.
7. Address numbers shall be visible from the street, and installed prior to Certificate of
Occupancy.
8. As part of Final Plat approval, a notice to title shall be filed for lots 1 — 11 stating that
the lots contain portions of critical wetland buffers, and no development can occur in the
buffers. Buffers must be marked with a split -rail fence and wetland signs.
9. The applicant has not provided adequate onsite recreational facilities, nor has he offered
to pay toward the development of a regional park. Therefore, the applicant sheuld
shall be required to develop a neighborhood park between the proposed plat
of Horstman Heights and the preliminary plat of Overlook; or pay a per lot
amount to cover the cost of a park plus equipment and installation.
10. Covenants, Conditions and Restrictions (CC & R's) providing for maintenance of the
common open space and stormwater pond must be submitted with the final plat
application and recorded on the face of the plat, prior to final plat approval.
11. The proponent shall prove, prior to site development, that the proposed retaining walls
and grading will not adversely affect neighboring properties.
12. All recommendations from the geotechnical report prepared by Wesley Johnson, P.E., of
N.L. Olson and Associates, dated August 2005, shall be followed.
FIRE PREVENTION CODE
13.
Buildings shall be constructed in accordance with the provisions of the International Fire
Code, and the International Building Code, as adopted and enforced by the City of Port
Orchard. All construction shall be in accordance with Chapter 14, Fire Safety During
Construction, Alteration or Demolition of a Building.
14.
Fire hydrant placement shall be revised to meet the maximum separation distance of 400
c�
feet. Where possible, the spacing intervals for hydrants shall commence at street
9
intersections.
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15.
Water service must meet a minimum requirement of 1000 gallons per minutes to provide
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fire flow.
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16.
The applicant must consult with the South Kitsap School District about an appropriate bus
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stop location and safety issues.
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STORMWATER / UTILITIES
17.
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
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Excavation/Stormwater Permit Application.
18.
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
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review and acceptance as part of the application for an Excavation/Stormwater Permit.
19.
The design of the stormwater quality control facility will be in accordance to Chapter 6
of the City of Port Orchard Stormwater Design Manual.
20.
All stormwater system improvements will be completed prior to final plat approval,
o
Resolution No. 013-06
Page 8 of 9
21. The Engineer of Record shall certify that the as -built live and dead storage detention
pond volumes meet the design criteria. The Engineer of Record shall verify that soils
are compatible with the detention pond.
22. The Engineer of Record shall certify that the as -built water quality treatment facility
meet the design criteria.
23. Contractor is responsible for permanent stabilization and restoration of the project site,
including vegetation of open space areas.
24. Submit the Operation and Maintenance Manual for review and acceptance by the
Department of Public Works prior to Final Inspection. The Manual shall be prepared by a
Professional Engineer and meet the requirements of Public Works.
25. All Best Management Practices for erosion and sedimentation control shall be followed
during site development and during construction. A detailed Temporary Erosion and
Sedimentation Control plan shall be submitted and approved by the City Engineer prior
to issuance of a site development permit.
26. The applicant shall submit a letter from Annapolis Water District indicating adequate
water and fire flow requirements prior to issuance of a site development permit.
27. The applicant shall submit a letter from Karcher Creek Sewer District indicating adequate
sewer capacity prior to the issuance of a site development permit.
28. Water and sewer as-builts shall be provided to the City prior to final plat approval.
ROADS
29. Prior to final plan approval, Construction Plans shall be submitted and approved by the
City Engineer for all road improvements.
30. Project proponents must ensure that adequate sight distance is provided at the site
access.
31. Pedestrian easements, 10 feet in width, shall be provided at the ends of the cul-de-sacs
at roads B and C. Five-foot asphalt or concrete paths or stairs shall be installed that
provide access to the sidewalks on Orlando Street.
32. Pedestrian access and lighting shall be provided on the unimproved right-of-way portion
of Orlando Street from the pedestrian access at Road C west.
33. As indicated on the preliminary plat drawings, half street improvements must be
installed on Orlando Street to the intersection with Olney Road.
34. Any retaining wall over four feet in height must be designed by a licensed structural
engineer and submitted for review by the City prior to site development. Internal roads
should be wide enough to allow from on -street parking on one side of the street,
except on Road D. 1
35. Locations of handicapped access, curb cuts, and driveway approaches shall be provided
on plans prior to Final Plat approval.
36. Kitsap County will make the final determination about requirements for frontage
improvements on Horstman Road (see Staff Report),
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port Orchard
hereby recommends that the City Council approve the Horstman Heights Preliminary Plat/PRD and
Rezone of tax parcels 302402-3-020-2000 and 302402-3-025-2005.
PASSED by the Planning Commission of the City of Port Orchard, this 21'` day of August,
2006, 11�111 II 111111 II 111 II age: N1016010 P3
PORT ORCHARD CITY OF ORD $45.00 Kitsap Co., WA
ATTEST:
Joanne Long -Woods
Planning Director
Resolution No. 013-06
Page 9 of 9
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PORI URCHhRD CITY Of ORD 145.% 10/16/26Ot 1 °D9R
Kitsap Cr, IJN