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2062 - Resolution - Preliminary Plat Indigo PointCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 RESOLUTION NO. 2062 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING WITH CONDmONS THE PRELIMINARY PLAT FOR A 20-LOT SUBDMSION, KNOWN AS INDIGO POINTE, FILE NO. SUBDIV 03-01/R-1145. TAX PARCEL NUMBERS 022301-2-044-2000 WHEREAS, Jim James, applicant, and Ervin Shipman, owner, submitted an application, dated February 10, 2003, requesting approval of a rezone from R4.5 to R12 along with a subdivision application to subdivide an existing parcel (3.97-acre area) into 24 lots; and WHEREAS, A Mitigated Determination of Non-Significance was issued on February 14, 2003; and WHEREAS, the Planning Commission considered the application at a Public Meeting on August 18, 2003 and scheduled a site visit on September 6 and continued the public meeting to September 15, 2003, continued to October 6, 2003; and WHEREAS, the City Council held a public hearing on November 10, 2003 at which the applicant submitted new information and therefore the Council continued the meeting to December 01, 2003, and again to December 22, 2003; and WHEREAS, at the December 22, 2003 public hearing, the Council clarified that a density of up to 12 dwelling units of single family detached housing was consistent with the Comprehensive Plan -Medium Density Designation and remanded the application back to the Planning Commission; and WHEREAS, the applicant revised the proposed plat to provide 20 residential lots providing for single family detached dwelling units, open space and protective easements; and WHEREAS, the Planning Commission held a second Public Meeting on January 21, 2004, continued the discussion on February 2, 2004, and adopted Resolution No. 003-04 recommending approval of the application subject to conditions; and Resolution No. 2062 Page 2 of 12 WHEREAS, the City Council held a second public hearing on March 8, 2004; and WHEREAS, the City Council finds that during the preliminary plat review process, appropriate provisions have been made for the public health, safety, and general welfare; and WHEREAS, the City Council finds that there are adequate provisions for potable water supplies, fire protection, open spaces, drainage ways, streets, transit stops, parks and recreation, playgrounds, and schools and school grounds to serve the subdivision; and WHEREAS, the City Council finds that wastewater collection and treatment services are adequate; and WHEREAS, the City Council has considered all other relevant facts and has determined that the public interest will be served by the subdivision; 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, the final plat shall be submitted for approval within five (5) years from the date of preliminary plat approval; 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 the staff report as its own, a copy of which is attached as Attachment "B" and incorporated by this reference. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON RESOLVES AS FOLLOWS: Based upon the recommendations of City staff and the Planning Commission and the findings and conclusions set forth above, the City Council approves the Indigo Pointe preliminary plat application (SUBDIV 03-01/R-1145), subject to the conditions set forth in Planning Commission Resolution No. 003-04 attached hereto as Attachment "C", except as amended as follows: Conditions Number 9 is amended to read as follows: Resolution No. 2062 Page 3 of 12 9. All 36" DBH or greater trees shall be preserved and the site plan shall be modified to accommodate their preservation unless an arborist determines such tree to be a safety hazard due to existing or potential root, trunk or primary limb failure due to damage or disease. The cost of the arborist report shall be at the expense of the applicant. The following two conditions are added: 50. Any plat reconfiguration will not include more than 20 lots. If the stormwater tract is converted to residential use, the proposal shall be brought back to Council under the provisions of a "Plat Amendment". 51. Prior to final construction approval, the applicant shall install protective screening from light and glare to the affected property located at 410 Goldenrod Street, across from the proposed plat access. The protective screen shall consist of a 25 foot landscape strip planted with 5 gallon laurel hedges at 3 feet on center. A one-year maintenance agreement shall be approved by the City Engineer. 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 22nd day of March, 2004. KIM E. ABEL, MAYOR APPROVED AS TO FORM: City Attorney John Clauson, Councilman ATTACHMENT A Resolution No. 2062 Page 4 of 12 The South 264 feet of the Southeast Quarter of the Northeast Quarter of the Northwest Quarter; Except the West 330 feet thereof; Except roads, also the Southeast Quarter of the Northeast Quarter of the Northwest Quarter; Except the West 454 feet and Except the South 264 feet, All in Section 2, Township 23 North, Range 1 East, W.M., Kitsap County; Except Roads. IV. FINDINGS Subdivision AlTACHMENT B Resolution No. 2062 Page 5 of 12 1. The administrative review finds that the proposed subdivision does not make all appropriate provisions for the public health, safety, and general welfare as required by Ordinance No. 1702 (Subdivision), however a revised plan meeting all the recommended conditions could be found to serve the public use and interest. In addition, the request for rezone does not explicitly meet the definition for medium density residential to support the request for 12 units, it currently supports 8 units per net useable acres, (VI-8, Section 3 of the Comprehensive Plan). Tree Retention 2. The applicant is proposing to retain 16 of 109 (170-61) trees. Therefore 93 trees need to be replaced at a ratio of3:1 = 279 replacement trees or as determined by the Council. The applicant is proposing to replace 147 trees. The tree retention plan is not consistent with adopted requirements. Only 10% are being retained, 90% are being removed. The Council should determine the appropriate replacement number. Critical Areas/Habitat Management Plan 3. The Habitat Management Plan has been deemed adequate by the Department ofFish and Wildlife. Fire Prevention Code 4. Fire hydrants were not indicated on the plans. 5. Maximum spacing of fire hydrants is 400 feet between hydrants. This would require two fire hydrants one located in front oflot 20 and the other located in front oflot 16. Stonnwater 6. A Level 3 downstream analysis will be required prior to final plat approval. Water/Sewer 7. Adequate water and sewer are available to serve the proposed subdivision. Parks 8. The proposal does include plans for parks. 9. The proposal includes open space areas as noted on the site plan. V. CONCLUSIONS 1. The rezone from R4.5 to Rl2 is consistent with the Comprehensive Plan Designation of Medium Density Residential 2. The development should be conditioned to meet the requirements of the Critical Areas Resolution No. 2062 Page 6 of 12 Ordinance; and specific measures to protect the Class I Wildlife Habitat Areas. 3. The proposed development does not meet all minimum requirements of the adopted Codes, but the proposal as conditioned, can be consistent with applicable codes for Zoning, Critical Areas, Fire and the adopted Stormwater Design Manual. 4. Safe pedestrian walkways are provided by the provision of sidewalks along Goldenrod. 5. The proposed design does provide for parks. ATTACHMENT C CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 003-04 Resolution No. 2062 Page 7 of 12 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE APPROVAL OF A SUBDNISION REQUEST (SUBDIV 03-01) TO DNIDE ONE 3.97-ACRE PARCEL INTO 20-SINGLE FAMILY DETACHED DWELLING UNIT LOTS; ALONG WITH A REZONE APPLICATION FROM R4.5 TO Rl2. THE PROPERTY, KNOWN AS INDIGO POINTE, IS LOCATED AT THE SOUTH 264 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER; EXCEPT THE WEST 330 FEET THEREOF; EXCEPT ROADS, ASLO THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, EXCEPT THE WEST 454 FEET AND EXCEPT THE SOUTH 264 FEET, ALL IN SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY; EXCEPT ROADS. ASSESSOR'S ACCOUNT NUMBER: 022301-2-044-2000 WHEREAS, A Mitigated Determination of Non-Significance was issued on 14 February 2003; and WHEREAS, the proposed purposes of the rezone request is to support a subdivision request to develop one 3.97- acre parcel into 20 single-family detached dwelling unit lots; and WHEREAS, the Planning Connnission held a Public Meeting for the Rezone on August 18; September 6; September 15; and October 6, 2003; and WHEREAS, the Planning Connnission recommended denial expressing concerns outlined in Resolution Nos. 336- 03 & 337-03; and WHEREAS, the City Council held a Public Hearing for the Rezone on November 10, 2003; December 01,2003 and December 22, 2003 in which the council clarified that "a density of up to 12 dwelling units of single family residential detached housing is consistent with the Comprehensive Plan-Medium Density Residential Designation; and WHEREAS, Subsequent to the Planning Connnission Meeting, the applicant submitted a revised Site Plan and revised Habitat Management Plan; and WHEREAS, at the December 22, 2003 hearing, the City Council remanded the application back to the Planning Commission for their consideration of the revised application and the Council's finding that the R-12 Zoning Designation allowing single family detached housing is appropriate within the Medium Density Comprehensive Plan Designation; and Resolution No. 2062 Page 8 of 12 WHEREAS, the Planning Commission held a Public Meeting for the Rezone on January 21, 2004, and continued the discussion on February 2, 2004; and WHEREAS, the Planning Commission approved the Habitat Management Plan as revised, including the revised recommendations on page three of the revised Habitat Management Plan; and WHEREAS, the Planning Commission determined that all significant trees identified as Lack of Protection-to be removed; shall be replaced at a ratio of 3: I to be planted at a minimum height of three feet and all non-exempt, including the L-trees shall be replaced at the 3:1 ratio with a minimum height of three feet. The mix of trees shall be determined by the City Engineer based on the Landscape Planting table in the zoning ordinance (pg.l69); and WHEREAS, the Planning Commission adopted the Tree Retention Plan as proposed by the applicant as meeting the intent of the Significant Tree Ordinance; and WHEREAS, the application as conditioned is in compliance with preliminary requirements of the City Zoning Ordinance; and WHEREAS, the application as conditioned is in compliance with preliminary requirements of the adopted Stormwater Manual and Fire Code; and, WHEREAS, the application as submitted is in compliance with preliminary requirements of the Critical Areas Ordinance in regard to the requirements of the Habitat Management Plan; and WHEREAS, the application as submitted is in compliance with the Goals and Policies expressed in the City Comprehensive Plan in regard to Medium Density Residential; and WHEREAS, the Planning Commission heard testimony in favor and in opposition of the proposal from the applicants and the commnnity; 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 approve a request by the applicant for SUBDIV 03-01/R-1145, subject to the following conditions: Zoning/Land Use: 1. The Final Plat shall depict native growth vegetation protection easements and buffers to be noted on the face of the plat with all the restrictions against construction or clearing in these areas. These areas will also be fenced and addressed in the CC&R's. 2. The mitigation as listed on page 3 of the addendum to the Indigo Pointe Habitat Management Plan shall be noted on the face of the plat, and included in the CC&R's: • The native vegetation zones (buffers) shall be enhanced by removal of non-native vegetation and planting of native shrubs and trees. An attached plant list provides a variety of trees and shrubs to be considered. Evergreens and deciduous trees shall be at least six-ft in height but less than 12-ft in height. • Once the buffers have been planted the area shall remain as a no touch area where only potential blow-down trees are removed. Danger trees shall be taken down and left on the ground. • The native vegetation and no touch zones shall be isolated with split rail fencing prior to occupation by the new land owners. Resolution No. 2062 Page 9 of 12 • Lawn areas shall be limited to 20% of each lots open space. Additional open space areas shall be planted with shrubs or native plants that are draught tolerant and require minimal watering during summer months. • The downspouts from the rooftop shall be directed to a sump that will infiltrate the water into the ground water system. • Lawn chemicals shall be limited to compost or organic fertilizers and no pesticides shall be used on the lawns or plantings in the yards where rain runoff can carry the chemicals to the creek or the storm drain system. • All trees and native ripatian shrubs shall be planted during the optimal season of November to March. No trees or shrubs should be planted during the dry cycle of the year. The trees and shrubs that are planted should be monitored during the dry period of the year and watered if they appear to be stressed by drought conditions. The supplier of the vegetation shall be liable for the health of the plants for a period of no less than 5 years. The landscape finn that plants the native vegetation zones shall prepare a monitoring plan that addresses the issue of plant replacement and buffer condition for a period of no less than 5 years. • The owner (developer) of the project shall provide each buyer with a document outlining the importance of the habitat outside the property lines in addition to the no touch zones. This document should include Best Management Practices for yard care, the Conservation Management Area and storm drain systems. 3. The provisions for tree and native vegetation enhancement planting shall be completed and approved prior to fmal plat approval. 4. The provision for native planting of open space outside of the 20% limited to lawn area on individual lots shall be required as a condition of building permit approval. 5. A Clearing and Grading Plan shall be submitted and approved by the department identifYing building envelopes and the significant vegetation that will remain after site preparation is completed. Grading shall be minimized to that necessary for construction. 6. An occupancy permit shall not be issued for any building within the Habitat Management Area if bare soils are present or with no visible groundcover growth. Installation of native plant species is highly encouraged. All building permit applicants shall be made aware of this requirement prior to permit approval. 7. The streets shall meet City standards and the street shall be dedicated to the City as Public right-of-way. 8. There shall not be any access from the lots to Goldenrod Street. All lots shall access the plat's public road for ingress and egress. 9. The removal of all36DBH and greater trees shall be approved by the City Council prior to Construction Plan approval. 10. Prior to final construction plan approval, a revised tree retention/protection plan shall be submitted subject to the approval by the City Engineer. Tree root protection zones, and proposed measures to protect required trees shall be included on the plan. II. A note shall be added to the face of the plat providing that all trees selected for retention shall remain subject to the provisions of the Tree Retention Section of the Zoning Ordinance. 12. Danger Trees felled within the mitigation and leave areas shall be replaced at a 3:1 ratio. 13. One conifer tree measuring at least 5' in height shall be planted in the front yard, and one in the back yard of each lot. and all planting strips shall be planted with sod prior to fmal plat approval. A minimum of 37 total2.5 caliper deciduous trees measuring at least five (5) feet in height shall be planted along each side of the roadway. All non-exempt trees including "L" trees shall be replaced 3:1 with a minimum height of three (3) feet with a mix approved by the City Engineer based on page 169 table Ordinance 1748. 14. A lighting plan shall be submitted and deemed acceptable to Puget Sound Energy standards and to the City Engineer prior to placement of any outdoor illumination. At a minimum, street illumination should be located at the entrance, lot 19 and lot 13. 15. All conditions identified by City Departments and other agencies must be met prior to the recording of the final plat. Fire Prevention Code: Resolution No. 2062 Page 10 of 12 16. Before Fire District approval, plans shall be submitted indicating fire hydrant locations. Plans shall indicate current fire hydrant locations, as this will impact hydrant locations within the subdivision or project. Maximum spacing of frre hydrants is 400 feet between hydrants. 17. A minimum fire flow ofl,OOO gallons per minute, measured at a residual pressure of20 psi, 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 frre flow of 1,500 gallons per minute and may require more depending on building size and type of constroction as per Appendix III-A of the Uniform Fire Code. 18. The Fire Marshall and the City Engineer shall review and approve the constroction plans for the utilities prior to issuance of an excavation permit. 19. Before any constroction on homes can begin, the frre department access must be provided and accepted by the Fire Marshall. Stormwater Ordinance and Design 20. 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. 21. Construction plans and profiles of all roads, stormwater drainage facilities and appurtenances, prepared by the developer's engineer, shall be submitted to tbe 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 tbe submittal documents. The fees and submittal requirements shall be in accordance with the City Code in effect at the time. 22. Any offsite improvements !bat create additional impervious surface such as lane widening or roadway improvements are required to provide stormwater mitigation in accordance witb the City of Port Orchard Municipal Code, Chapter 15.32 Stormwater Management. 23. 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 tbe responsibility of the project proponent. 24. A Level 1 Downstream Analysis is required in accordance witb the Chapter 2 of the City of Port Orchard Stormwater Design Manual. 25. The design of the stormwater quantity control facility will be in accordance to Chapter 5 of the City of Port Orchard Stormwater Design Manual. 26. The design of the stormwater quality control facility will be in accordance to Chapter 6 of the City of Port Orchard Stormwater Design Manual. 27. All stormwater system improvements will be completed prior to approval of the Final Plat and issuance of any building permit applications. 28. When construction on a site has not been completed and approved by the City by October I of a given year or exposed ground surfaces are not permanently stabilized by that date, no work Resolution No. 2062 Page 11 of 12 shall be permitted on the project site until Level2 Erosion and Sedimentation Controls have been implemented on the project site. Level I Erosion and Sedimentation Controls area required on site at all times during construction. 29. The Engineer of Record shall certifY that the as-built live and dead storage detention pond volumes meet the design criteria. 30. The Engineer of Record shall certifY that the as-built water quality treatment facility meet the design criteria. 31. Contractor is responsible for permanent stabilization and restoration of the project site. 32. 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. 33. 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. 34. 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. a. Final Plat Map 35. Prior to final plat approval, the following documents shall be submitted to the City for review and approval prior to recording: 36. A complete application form, including notarized signatures of the owners of record. 37. A Plat Certificate for the property (not more than 30 days old at the time of Final submittal). 38. Perimeter lot closures for final review. 39. A Copy of the Declaration of Covenants, Conditions and Restrictions. 40. Utility easements shall be created and must appear on plat and in the covenants before final plat recording. Subdivision Code 41. All lots shall be surveyed and recorded. 42. A copy of all easements shall be submitted and recorded on the face of the plat. Parks 43. Prior to Final Plat approval, the developer shall provide the City $4,000 to upgrade playground equipment in a park determined by the City. Roads 44. The Developer should provide the City with $200.00 to pay for the following signs and posts: 45. I Street Sign 46. I Stop Sign 47. I Dead End Sign Construction Resolution No. 2062 Page 12 of 12 48. As a good neighbor, the developer will work with the neighbors to minimize dust and develop a plan that meets EPA requirements. Schools 49. 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. PASSED this 2"' day of February, 2004. ATTEST: RobWenman City Planner CITY OF PORT ORCHARD PLANNING COMMISSION Gil Michael, Chair