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2040 - Resolution - Berg Preliminary PlatCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 RESOLUTION NO. 2040 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING WITH CONDITIONS THE BERG PRELIMINARY PLAT AND PLANNED RESIDENTIAL DEVELOPMENT APPLICATION FOR PROPERTY LOCATED AT 215 WILKINS DRIVE, FILE NO. SUBDIV 2001- 01/PRD Tax Account No. 272401-4-002-2006 Legal Description: SW Y. of the SW Y. of Section 27, Township 24N, Range 01E,WM. FULL LEGAL DESCRIPTION: That portion of Government Lot 4, Section 27, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington described as follows: Beginning at the southeast comer of said Section 27; thence North 2 *38'1 0" West 642.77 feet, thence south 87 * 21' 50" West 673.52 feet; thence South 1 * 01' 28" West 642.85 feet; thence North 87 * 27' 50" East 714.80 feet to the point of beginning. WHEREAS, Richard and Karen Berg submitted an application for a preliminary plat and planned residential development to subdivide one 447,750 sq. ft. {10.23-Acre) parcel containing an existing single family residence, into an 11-lot single family plat on property generally located at 215 Wilkins Drive; and WHEREAS, the application was assigned City file number SUBDIV 2001-01/PRD; and WHEREAS, a Mitigated Determination of Non-Significance was issued on September 19, 2001, and modified on October 3, 2001; and WHEREAS, the Planning Commission held a public meeting for the application on November 19, 2001, a special meeting site visit on January 5, 2002, continued the public meeting on January 22, 2002, and after the public meeting adopted Resolution No. 324-02 recommending denial of the application; and WHEREAS, the City Council held a public hearing on the application on March 25, 2002, which was continued on May 28, 2002, August 26, 2002, November 25, 2002, April 14, 2003, and July 28,2003;and WHEREAS, being fully advised, the Council finds and concludes as follows: TESTIMONY AND EXHIBITS The Council 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: Resolution No. 2040 Page 2 of3 A. Memorandum to Mayor Weatherill and City Council dated July 21, 2003, with attachments 1 through 6. B. "Plat of Bergs First Addition" presented by Ward C. Muller & Associates. 2. Rob Wenman, City Planner, informed the Council that the application was complete. He then reviewed the nature of the proposed project and identified several deviations from City regulations including those relating to critical areas, property configuration, roadway design, and stormwater. 3. Reid Muller, surveyor, spoke on behalf of the applicant and explained why the applicant believed the proposed project complied with all applicable City regulations. FINDINGS Based upon the above testimony and exhibits, the City Council finds as follows: 1. The property owner submitted an application for preliminary plat on April 13, 2001 and a revised application for a planned residential development on April 9, 2003. The application is complete. 2. The applicant proposes to subdivide one 447,750 sq. ft. (10.23-Acre) parcel containing an existing single-family residence, into an 11-lot single-family plat on property that will be accessed by a private road, Caseco Lane, from Wilkins Drive. 3. The site is zoned Residential -4.5 units/net useable acre (R4.5); minimum lot size is 9,680 square feet. The Comprehensive Plan designation is Low Density Residential- (4.5DU/AC; up to 6DU/AC with a PUD). 4. A Mitigated Determination of Non-Significance was issued on September 19, 2001 and modified on October 3, 2001. 5. Subsequent to the Planning Commission's denial of the application, the applicant made changes and/or accepted conditions to the project that are consistent with Planning Commission and City staff recommendations. 6. Chapter B3, Section 6 and Chapter B5, Section 4 of the City of Port Orchard Zoning Ordinance set forth specific requirements for planned residential developments. 7. The proposed development deviates from the City's road construction standards including: a feeder road has a 20-foot minimum width, exceeds a 12% grade in places, and does not provide for curb, gutter or sidewalks; a cui de sac has a hammerhead turnaround rather than a 40-foot radius; and a private road will serve more than 5 dwelling units. 8. A variance is requested to retain an existing garage on Lot 11 for use as an accessory structure to a future single-family residence. 9. The requirements for granting a variance are set forth in Chapter 83, Section 7 of the City of Port Orchard Zoning Ordinance. 10. A variance is necessary because of the unique size of the stand-alone structure. The property owner will suffer an unnecessary hardship if required to remove the existing garage. The variance will not create a health and safety hazard provided the applicant complies with the conditions set forth in Exhibit "A." Resolution No. 2040 Page 3 of 3 11. The proposed development makes appropriate prov1s1ons for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and that the public use and interest will be served by the development. CONCLUSIONS 1. The proposed development is consistent with the requirements for planned residential developments set forth in Chapter B3, Section 6 and Chapter B5, Section 4 of the City of Port Orchard Zoning Code; and 2. The site's conditions are unique and therefore for purposes of this development only, the applicant's proposed deviations from the City's road construction standards, as set forth in Resolution No. 1971, are allowed and will not compromise public safety; and 3. The applicant has met the requirements for a variance as set forth in Chapter B3, Section 7 of the City of Port Orchard Zoning Ordinance and a variance is granted for the existing garage on Lot 11; and 4. The proposed development is not detrimental to the health, safety, and welfare of the community and is in harmony with the general purposes and provisions of the Zoning Ordinance, the Port Orchard Municipal Code, the Growth Management Act, and the Comprehensive Plan., now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON RESOLVES AS FOLLOWS: SECTION 1. Based upon the recommendations of City Staff and the Planning Commission and the findings and conclusions contained herein, the City Council approves Berg preliminary plat and planned residential development application (SUBDIV 2001-01/PRD) subject to the conditions attached hereto as Exhibit "A." SECTION 2. Prior to final plat approval, the City Engineer shall concur that the applicant's stormwater plan meets all City requirements for stormwater management 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 25th dayof Art 2003. ~fdt·~= ~LE~S;;;L-;;IE;::-;-J .-;;W~EA;:-;;-:;T;:;-H-;;:E:;::R"'IL-;;L"", M"'A"'Y;-;:O;:cR;::----- ATIEST: Berg Plat Exhibit "A" Conditions of Preliminary Approval: 1. A 25 ft. native vegetation slope buffer shall be maintained from the top of slope, with an additional 15 ft. building setback, as depicted on the preliminary plat. 2. Required buffers shall be located outside of building lot areas. dedicated as common open space, with a protective easement depicted on the face of the Final Plat, and marked "Existing Natural Vegetation to Remain". 3. Prior to site construction plan approval, a Tree Retention Plan meeting the requirements of Chapter C4, Section 17 of the City's Zoning Ordinance 1748, shall be submitted and approved. Trees proposed for retention shall be indicated on the site plan and recorded with the final plat. 4. Prior to site construction, all clearing limits shall be flagged and inspected for approval by the Department of Public Works. 5. An access easement shall be shown on the face of the final plat to provide ingress/egress across the common areas that surround the individual lots. 6. Prior to final plat approval, the applicant shall either provide for the dedication of a tot lot, with play structures, picnic tables, and play court sufficient in size to meet the needs of the plat, or shall make a donation to the City of Port Orchard Park Fund in an amount equivalent to the cost of a tot lot. 7. Prior to final plat approval, the existing garage located on lot 11, shall be certified by the City's Building Inspector for structural integrity. The final plat shall contain the note: "The accessory structure, existing on Lot 11 shall not be occupied prior to issuance of a residential building permit for the lot. 8. A road maintenance agreement and easement agreement for access across Caseco Lane shall be recorded, and reflected on the face of the final plat. 9. Final construction plans shall include designs for and the applicant shall construct an enhanced pedestrian route along Caseco Lane that will provide a 3ft. gravel shoulder walkway with pedestrian step outs where appropriate, to ensure the safety of pedestrians. 10. This proposal is a Major Development as defined in the City of Port Orchard Municipal Code, Chapter 15.32 Stormwater Management, and as such shall require an Excavation/Stormwater Permit from the Public Works Department prior to site construction. The submittal documents shall be prepared by a civil engineer licensed in the State of Washington. The Stormwater Plan shall address stormwater quantity control, water quality treatment, and erosion and sedimentation control 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. Final submittal documents shall be prepared in accordance with the minimum requirements as specified in Chapter 2 of the City of Port Orchard Stormwater Manual. 11. Maximum water surface elevation of stormwater detention and retention facilities shall be a minimum of 200 feet from any slope steeper than 30%. This distance may be reduced based on the recommendations of a geotechnical engineering report. That analysis will be prepared by a Civil Engineer licensed in the State of Washington, knowledgeable in the practice of soils engineering and mechanics. The analysis will address the effects of groundwater infiltration, seepage, potential slip planes, and changes in soil bearing strength. The proposed facilities will be designed following the recommendations of the geotechnical analysis. Berg Plat Exhibit "A" Conditions of Preliminary Approval: 12. The owner(s) shall be responsible for maintenance of the on site storm drainage facilities for this development following construction. Before issuance of building permits for this development, the person{s) holding title to the subject property for which the storm drainage facilities were required shall record a declaration of Covenants that guarantees the City that the system will be properly maintained. Wording must be included in the covenant that will allow the City to inspect the system and perform the necessary maintenance in the event that the system is not performing properly. This would be done only after notifying the owner and giving him a reasonable time to do the necessary work. Should the City be required to do the work, the owner will be billed the maximum amount allowed by law. 13. The owner(s) shall be responsible for maintenance of the on site erosion and sedimentation control facilities for this development during and following Construction. The person(s) holding title to the subject property for which the Erosion/Sedimentation Control facilities were required shall record a declaration of Covenants that guarantees the City that the facilities will be properly maintained. Wording must be included in the covenant that will allow the City to inspect, sample and monitor the erosion and sedimentation control facility components and discharges to ensure continued performance of their intended function and compliance with the accepted Erosion and sedimentation control plan, and perform the necessary maintenance in the event the facilities are not functioning properly. This would be done only after notifying the owner and giving him a reasonable time to do the necessary work. Should the City be required to do the work, the owner will be billed the maximum amount allowed by law. 14. Upon completion of the storm drainage facilities, the developer will be required to post a two-year maintenance bond for the facility. The developer will be responsible for providing regular and adequate maintenance during this two-year period and supportive maintenance records. At the end of this time or when 80 percent of the homes have been completed,whichever is earlier, the Homeowner's Association will take over maintenance and operation of the system. Wording to this effect must appear on the plat and in the covenants before final plat recording. 15. The Engineer of Record shall certify that the stormwater improvements, including dead storage pond volumes, pond side slopes, and water quality treatment facilities meet the design criteria of the City's Stormwater Manual. 16. A fire sprinkler system shall be built within all houses within the development. This shall be noted on the face of the plat. 17. Lots 2, 3, 9, 10, 11 shall provide an engineered foundation. 18. All required plat improvements including replacement of significant trees, stormwater, pedestrian walkways and road improvements shall be completed prior to final plat approval, and issuance of any building permit applications for homes within the plat.