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2058 - Resolution - Preliminary Plat Flower Meadows NorthCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 RESOLUTION NO. 2058 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING WITH CONDIDONS THE PREUMINARY PLAT OF THE SUBJECf PROPERTIES FOR AN S- LOT SUBDMSION, KNOWN AS FLOWER MEADOWS NORTH, FILE NO. SUBDIV 03-02/R-1150. LEGAL DESCRIPTION: SE '14 OF THE NW '14 OF SECTION 2, TOWNSHIP 23N, RANGE OlE, WM. TAX PARCEL NUMBERS 022301-2-023-2005 & 022301-2-030-2006 WHEREAS, Chuck Childress submitted a preliminary plat application, dated August 27, 2003, 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 in regards to the City's significant tree protection requirements, and therefore the Council remanded the application back to the Planning Commission to consider tree protection and noise requirements; and WHEREAS, the Planning Commission held a Public Meeting on January 21, 2004 to consider the remanded issues; and WHEREAS, the City Council held a second Public Hearing on February 23, 2004; and Resolution No. 2058 Page 2 of 6 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 "A" and incorporated by this reference, now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON RESOLVES AS FOLLOWS: SECTION 1. Based upon the recommendations of City staff, the Planning Commission, and the findings and conclusions contained herein, the preliminary plat for Flower Meadows North, SUBDIV 03-02/R-1150, is hereby approved subject to the conditions set forth in Planning Commission Resolution No. 001-04 attached hereto as Attachment "A." 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. KIM E. ABEL, MAYOR ATT~ ifAL) Carol Etgen, Cit../~ ATTACHMENT "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 001-04 Resolution No. 2058 Page 3 of 6 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 TOR 8. THE PROPERTY IS FOUND IN THESE Y. OF THE NWV. OF SECTION 2, TOWNSHIP 23N, RANGE OlE, WM, CITY OF PORT ORCHARD, COUNTY OF KITSAP. TAX PARCEL NUMBERS 022301-2-023-2005 & 022301-2-030-2006 WHEREAS, A Mitigated Detemrination ofNon-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, one 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 daytime 7am to 9pm Monday-Friday; and Sam-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; Resolution No. 2058 Page 4 of 6 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 A venue 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 lOfeet 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 Plauning Commission of the City of Port Orchard hereby recommends that the Council approves Subdivision 03-02/RllSO subject to tbe following conditions: Zoning Code I. All conditions identified by City Departments and other agencies must be met prior to the recording of the fmal plat. 2. A separate sign permit is required for any signage proposals. 3. One 2 Y, inch caliper Street Tree measuring at least 4' in 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 frre hydrant locations. Plans shall indicate fire hydrants current frre hydrant locations, as this will impact hydrant locations within the subdivision or project. Maximum spacing of frre hydrants is 400 feet between hydrants. 6. A minimum frre flow of 1,000 gallons per minute, measured at a residual pressure of20 p.s.i., is required for one-and two-family dwellings not exceeding 3, 600 gross square feet. All other hnildings (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 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 ofExcavation/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 Resolution No. 2058 Page 5 of 6 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 Levell 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. Wben 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 tbe 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 fmal plat. The Manual shall be prepared by a Professional Engineer and meet the requirements of Public Works. Final Plat Map Resolution No. 2058 Page 6 of6 24. Prior to fmal 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. Roads 28. The applicant shall dedicate I 0 feet of S. Flower avenue right-of-way along the property frontage; 29. The applicant shall execute a "No Protest" agreement, 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: • I Street Sign • I Stop Sign • I Dead End Sign Schools 32. 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 33. The applicant must comply with the city of Port Orchard Noise Ordinance. PASSED this 21" day of January 2004.