1933 - Ordinance - Amending Ordinance 1748 by Amending Zoning MapCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
ORDINANCE NO. 1933
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1748 BY
AMENDING THE CITY OF PORT ORCHARD ZONING MAP TO CHANGE THE
ZONING CLASSIFICATION OF CERTAIN PROPERTY FROM R4.5 TO R8
SUBJECT TO THE CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR
THE PLAT OF FLOWER MEADOWS NORTH, APPLICATION NO. SUBDIV
03-02/R-1150
TAX PARCEL NUMBERS 022301-2-023-2005 & 022301-2-030-2006
LEGAL DESCRIPTION: SE 1/4 OF THE NWIA OF SECTION 2, TOWNSHIP
23N, RANGE 01E, WM, CITY OF PORT ORCHARD, COUNTY OF KITSAP;
SEE ATTACHED ATTACHMENT"A"
WHEREAS, Chuck Childress, owner, submitted an application, dated August 27,
2003, requesting approval of a rezone from R4.5 to R8 along with a subdivision application to
subdivide two existing parcels (1.39-acre area) into eight lots; and
WHEREAS, the plat will provide 6 new detached, single-family residential lots
and create lots for one existing single family detached residence, and one duplex residential
unit; and
WHEREAS, A Mitigated Determination of Non -Significance was issued on
September 29, 2003; and
WHEREAS, the Planning Commission considered the application at a Public
Meeting on November 3, 2003; and
WHEREAS, the applicant submitted new information at the Council Public
Hearing on December 8, 2003 and therefore the Council remanded the application back to the
Planning Commission; and
WHEREAS, the Planning Commission held a second Public Meeting on January
21, 2004; and
Ordinance No. 1933
Page 2 of 3
WHEREAS, the City Council held a second public hearing on February 23, 2004;
and
WHEREAS, the Comprehensive Plan designation for the property is Medium
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 in harmony with the general purposes of the Zoning
Ordinance, Growth Management Act, and Comprehensive Plan; and
WHEREAS, being fully advised, the Council finds and concludes as follows:
FINDINGS AND CONCLUSIONS
The Council adopts the findings and conclusions set forth in Planning Commission
Resolution No. 001-04 as its own, a copy of which is attached as Attachment "B" and incorporated
by this reference, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
DOES ORDAIN AS FOLLOWS:
SECTION 1. Based upon the 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 classification of
the property described in Exhibit "A" from R4.5 to R8, subject to the conditions set forth in
Planning Commission Resolution No. 001-04 attached hereto as Attachment "B."
SECTION 2. This rezone is site plan specific to the preliminary plat approval for
"Flower Meadows North", SUBDN No. 03-02/R-1150. 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 the 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 3. 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 State law.
Ordinance No. 1933
Page 3 of 3
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 8th day of March 2004.
ATTEST:
&4&—. 9&4�A)
Carol Etg n, City Clerk
APPROVED AS TO FORM:
City Attorney
I A `wt
Kim Abel, MAYOR
John Clauson, Councilman
ATTACHMENT "A"
FLOWER MEADOWS NORTH
PORTION OF RESULTANT SINGLE LOT PARCEL B, PER AUDITOR'S FILE NO. 3169136,
DESCRIBED AS:
THAT PORTION OF THE EAST 607.81 FEET OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON, WHICH LIES WITHIN THE FOLLOWING DESCRIBED
PARCEL:
BEGINNING AT A POINT WHICH IS NORTH 89007'54" WEST 797.69 FEET AND NORTH
1 014'06" EAST 1079.30 FEET FROM THE CENTER OF SAID SECTION 2; THENCE NORTH
1014'06" EAST 75 FEET; THENCE SOUTH 89°07'54" EAST 389.83 FEET; THENCE SOUTH
1013'45" WEST 21.02 FEET; THENCE SOUTH 89°07'54" EAST 100.00 FEET; THENCE SOUTH
2024'16" WEST 54.00 FEET; THENCE NORTH 89°07'54" WEST 179.13 FEET; THENCE NORTH
85041'54" WEST 87.59 FEET; THENCE NORTH 86°36'10" WEST 105.49 FEET; THENCE SOUTH
0052'06" WEST 9.90 FEET; THENCE NORTH 89°07'54" WEST 216.77 FEET TO THE POINT OF
BEGINNING;
ALSO
RESULTANT SINGLE LOT PARCEL A, PER AUDITOR'S FILE NO. 3169136, DESCRIBED AS:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS NORTH 89007'54" WEST 797.69 FEET AND NORTH 1014'06"
EAST 989.30 FEET FROM THE CENTER OF SAID SECTION 2; THENCE SOUTH 89°07'54" EAST
215 FEET; THENCE NORTH 1059'41" EAST 15.03 FEET; THENCE SOUTH 9007'54" EAST 272.00
FEET; THENCE NORTH 2°24'16" EAST 75.00 FEET; THENCE NORTH 89°07'54" WEST 79.13
FEET; THENCE NORTH 85°41'54" WEST 87.59 FEET; THENCE NORTH 86°36'10" WEST 105.49
FEET; THENCE SOUTH 0°52'06" WEST 9.90 FEET; THENCE NORTH 89°07'54" WEST 216.77
FEET; THENCE SOUTH 1 °14'06" WEST 90 FEET TO THE POINT OF BEGINNING;
ALSO
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT SOUTH 89001' WEST 797.69 FEET AND NORTH 003T WEST 929.30
FEET FROM THE CENTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.;
THENCE NORTH 003T WEST 75.00 FEET; THENCE NORTH 89'01' EAST 487.20 FEET; THENCE
SOUTHERLY 75.00 FEET TO A POINT WHICH BEARS NORTH 8900P EAST FROM THE POINT
OF BEGINNING; THENCE SOUTH 89'01' WEST 485.67 FEET TO THE POINT OF BEGINNING;
EXCEPT THE NORTH 15 FEET OF THE WEST 215 FEET THEREOF AS CONVEYED TO JAY
GRAHAM AND AUDRY GRAHAM BY DEED RECORDED UNDER AUDITOR'S FILE NO.
516469;
AND EXCEPT THAT PORTION LYING SOUTH OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTER OF SAID SECTION 2; THENCE NORTH 89°07'31" WEST
ALONG THE EAST -WEST CENTER OF SECTION LINE 797.69 FEET; THENCE NORTH 1 ° 14'29"
EAST 984.30 FEET TO THE POINT OF BEGINNING OF THIS LINE;
THENCE SOUTH 89001'31" EAST 215.04 FEET TO THE BEGINNING OF A 75.00 RADIUS
CURVE; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
22019'54" FOR AN ARC DISTANCE OF 29.23 FEET TO THE BEGINNING OF A 125.00 RADIUS
CURVE; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
22019'54" FOR ARC DISTANCE OF 48.72 FEET; THENCE SOUTH 89°07'31" EAST 201.47 FEET
TO A POINT ON THE WEST LINE OF THE EAST 330.00 FEET OF THE SOUTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 2 AND THE POINT OF TERMINATION OF
THIS LINE;
SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON;
ATTACHMENT B
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 001-04
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE
APPROVAL OF A PRELIMINARY PLAT TO SUBDIVIDE TWO EXISTING PARCELS (1.39-ACRE AREA) INTO
EIGHT LOTS. THE PLAT WILL PROVIDE 6 NEW DETACHED, SINGLE-FAMILY RESIDENTIAL LOTS AND
CREATE LOTS FOR ONE EXISTING SINGLE FAMILY DETACHED RESIDENCE, AND ONE DUPLEX
RESIDENTIAL UNIT. THE REQUESTED REZONE IS FROM R 4.5 TO R 8. THE PROPERTY IS FOUND IN
THE SE Y4 OF TEI NW'/4 05ECTION 2, TOWNSHIP 23N, RANGE 01 E, WM, CITY OF PORT ORCHARD,
COUNTY OF KITSAP.
TAX PARCEL NUMBERS 022301-2-023-2005 & 022301-2-030-2006
WHEREAS, A Mitigated Determination of Non -Significance was issued on September 29, 2003; and
WHEREAS, the Planning Commission held a Public Meeting on November 3, 2003; and
WHEREAS, the applicant submitted new information at the Council Public Hearing on December 8, 2003
and therefore the Council remanded the application back to the Planning Commission; and
WHEREAS, the Planning Commission held a Public Meeting on January 21, 2004; and
WHEREAS, the proposed purposes of this request is to rezone the property from R4.5 to R8 to support a
subdivision request to develop a 1.39-acre site consisting of an 8-lot plat with six new single-family detached
dwelling unit lots, on a existing duplex lot and one existing single-family detached dwelling lot; and
WHEREAS, the application as conditioned is in compliance with preliminary requirements of the City Zoning
Ordinance;
WHEREAS, the application as conditioned is in compliance with preliminary requirements of the adopted
Stormwater Manual and Fire Code; and;
WHEREAS, the application as conditioned demonstrates compliance with the Goals and Policies expressed in
the City Comprehensive Plan in regard to Medium Density Residential; and
WHEREAS, the applicant has adequately demonstrated that the five significant trees can be protected by
adopting a root protection zone corresponding with the drip lines and that the gravel driveway intruding into
the root protection zone is acceptable; and;
WHEREAS, the City's Noise Ordinance states construction work hours are daytim e 7am to 9pm Monday —
Friday; and 8am — 9pm on Saturday and Sunday; and there is no specific reason to depart from the noise
ordinance based on the proposal; and;
WHEREAS, S. Flower Avenue is substandard according to the 1999 Developers Handbook listing for an
"Access Road"; and;
WHEREAS, the applicant provided a March 19, 2001 Pierce County document that stated a pavement width
of 16 feet could adequately serve 401-1000 average daily trips (ADT); and;
WHEREAS, Flower Avenue may need to be improved at some time in the future based on existing
development and future development of neighboring properties and the improvements may require the use
of the 1 ofeet of proposed dedicated right-of-way; and;
WHEREAS, the applicant has agreed to sign a " No Protest" agreement, and agreed to pay their fair share in
any future road improvements; and;
WHEREAS, the Planning Commission heard testimony in favor and in opposition of the proposal from the
applicants and the community; and therefore
CONCLUSION, Based upon the facts, testimony, staff report and materials presented at the meeting, we
therefore conclude the application conforms to the requirements of the Comprehensive Plan and as such is
found to be a furtherance of the health, safety, morals, and general welfare of the goals of the community and
the City's Comprehensive Plan,
BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the
Council approves Subdivision 03-02/R1150 subject to the following conditions:
Zoning Code
1. All conditions identified by City Departments and other agencies must be met prior to the
recording of the final plat.
2. A separate sign permit is required for any signage proposals.
3. One 2 % inch caliper Stret Tree measuring at least 4' i n height shall be planted in the front yard
of each lot prior to the Certificate of Occupancy.
4. All significant trees shall be retained and noted on the face of the plat. The root protection zones
shall reflect the drip lines indicated in Arbor Management Service report dated December 7,
2003. These root protection zones shall be identified prior to construction with a temporary 5'
chain link or orange mesh fence. The paved portion of the driveway shall not extend into the
root protection zone.
Fire Prevention Code
5. 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.
6. 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.
7. The Fire Marshall and the City Engineer shall review and approve the construction plans for the
utilities prior to issuance of an excavation permit.
8. Before any construction on homes can begin, the fire department access must be provided and
accepted by the Fire Marshall
Stormwater Ordinance and Design
9. 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/Stormwater Permit
Application.
10. 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.
11. Any offsite improvements that create additional impervious surface such as lane widening or
roadway improvements are required to provide stormwater mitigation in accordance with the
City of Port Orchard Municipal Code, Chapter 15.32 Stormwater Management.
12. The project proponent shall be responsible for installing any necessary off -site downstream
drainage improvements. Procurement of any permits or easements necessary to install off -site
improvements shall be the responsibility of the project proponent.
13. A Level 1 Downstream Analysis is required in accordance with the Chapter 2 of the City of Port
Orchard Stormwater Design Manual.
14. The design of the stormwater quantity control facility will be in accordance to Chapter 5 of the
City of Port Orchard Stormwater Design Manual.
15. The design of the stormwater quality control facility will be in accordance to Chapter 6 of the
City of Port Orchard Stormwater Design Manual.
16. All stormwater system improvements will be completed prior to approval of the Final Plat and
issuance of any building permit applications.
17. 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.
18. The Engineer of Record shall certify that the as -built live and dead storage detention pond
volumes meet the design criteria.
19. The Engineer of Record shall certify that the as -built water quality treatment facility meet the
design criteria.
20. Contractor is responsible for permanent stabilization and restoration of the project site.
21. Submit As -built construction plans 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.
22. Submit Electronic Media of the As -built drawings 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.
23. Submit the Operation and Maintenance Manual 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 Mao
24. 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. Lots three and six may access from either the private road or Road D.
D. Perimeter lot closures for final review.
E. A Copy of the Declaration of Covenants, Conditions and Restrictions.
F. Utility easements shall be created and must appear on plat and in the covenants before final
plat recording.
Subdivision Code
25. All lots shall be surveyed and recorded.
26. A copy of all easements shall be submitted and recorded on the face of the plat.
Parks
27. Prior to Final Plat approval, the developer shall provide the City $1,800 to upgrade playground
equipment in a park determined by the City.
A. Roads
28. The applicant shall dedicate 10 feet of S. Flower avenue right-of-way along the property frontage;
29. The applicant shall execute a "No Protest' ag reement, and agree to pay their fair share towards
any future road improvements, and a note reflecting these agreements shall be placed on the
face of the plat;
30. The paved portion of the private drive shall not enter the root protection zone.
31. The Developer should provide the City with $200.00 to pay for the following signs and posts:
• 1 Street Sign
• 1 Stop Sign
• 1 Dead End Sign
Schools
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.
Noise
32. The applicant must comply with the city of Port Orchard Noise Ordinance.
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 March 8, 2004.
ORDINANCE NO. 1933
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1748 BY
AMENDING THE CITY OF PORT ORCHARD ZONING MAP TO
CHANGE THE ZONING CLASSIFICATION OF CERTAIN PROPERTY
FROM R4.5 TO R8 SUBJECT TO THE CONDITIONS OF PRELIMINARY
PLAT APPROVAL FOR THE PLAT OF FLOWER MEADOWS NORTH,
APPLICATION NO. SUBDIV 03-02IR-1150.
Copies of Ordinance No. 1933 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. 1933 will be
provided at a nominal charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
March 17, 2004
Kitsapleeals ,soundpublishing com