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1652 - Ordinance - Prelim Plat of Golden Pond SubdivisionAmended by Ordinance 1717 Section(s) Amended time ext. Date: 04-13-98 ORDINANCE NO. 1652 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING PRELIMINARY PLAT OF GOLDEN POND SUBDIVISION, AS SUBMITTED BY J & H LIMITED LIABILITY PARTNERSHIP AND THEIR REPRESENTATIVE KEENE ENGINEERING. THE PROPERTY IS LOCATED ON THE WEST SIDE OF POTTERY AVENUE, 400 FEET SOUTH OF MELCHER STREET AND ADDRESSES CONSISTING OF PROPERTIES AT 1280, 1290 AND 1330 POTTERY AVENUE. WHEREAS, J & H Limited Liability Partnership and their representative Keene Engineering, has submitted an application for preliminary plat to allow a subdivision of approximately 10 acres of property located on the west side of Pottery Avenue, 400 feet south of Melcher Street and addresses consisting of properties at 1280, 1290 and 1330 Pottery Avenue, and WHEREAS, the City of Port Orchard Planning Commission has transmitted to the Council of the City of Port Orchard, Washington a copy of their Resolution No. 260-96 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold Public Hearings on April 8, 1996 to hear testimony of fact and conclusion as follows: FINDINGS OF FACT: The use requested is compatible with other uses in area. The proposed use is a permitted use within Residential Low. CONCLUSION: Based on testimony, materials presented and findings of fact, the Port Orchard City Council does hereby conclude that approving this preliminary plat would not be detrimental to the health, safety, morals and general welfare of the community. NOW, THEREFORE, be it ordained that the Council of the City of Port Orchard, Washington does hereby approve the Application for Preliminary Plat for Golden Pond Subdivision allowing a subdivision of approximately 10 acres into 24 dwelling units for single family residences located on the west side of Pottery Avenue, 400 feet south of Melcher Street and addresses consisting of properties as 1280, 1290 and 1330 Pottery Avenue, with the following 34 conditions: 1. No permanent sign shall be erected without prior approval from the Planning Department and issuance of a building permit. A minimum of one street tree with a minimum height of six (6) feet and 1; inches caliper shall be installed within the front yard of each lot prior to Certificate of Occupancy issuance. 3. The final plat shall indicate Tract A and B as open space and list the land use restrictions against construction or clearing in these areas. This area should be deeded to the Homeowner's Association. Ordinance No. 1652 Page 2 of 4 4. Grading is not permitted in Tract A and B. 5. Public/pedestrian access shall be provided to open space areas labeled as Tract A and shall be identified as such on the Final Plat. 6. Approval of this plat does not imply approval of the Golden Pond subdivision beyond the scope outlined herein nor does it imply approval of future developments to the north and/or west of this site including west of Ross Creek. 7. The buffer area will be enhanced by an approved landscape plan prior to final plat approval. The landscape plan will be prepared by a qualified firm and submitted to the City for approval. 8. The wetland buffer shall be flagged by a qualified specialist prior to the issuance of the excavation permit and no construction or clearing shall be allowed in the buffer area. 9. The Developer shall install an 8 inch ductile iron water main from Pottery Avenue to the cul de sac. 10. An air vacuum release shall be installed at the high point of the water main extension. 11. All water system improvements will be complete, and the asbuilt drawing will be accepted by the City prior to Final Plat approval. 12. All homes shall drain to a common sewer pump station, that shall be constructed according to City requirements. 13. The sewer pump station shall be equipped with an on -site emergency generator capable of operating both pumps simultaneously and meet the following requirements: A. Be an explosion proof assembly. B. Be a dual pump assembly. C. Have on site a water outlet, 100 volt outlet, and a telephone conduit for future telemetry connection. D. The area shall be fenced with at least a six (6) foot high fence. 14. There shall be a manhole, of adequate depth, constructed at the intersection of Pottery Avenue and the new road to allow future connections by other properties. 15. All sewer system improvements will be complete, and the as -built drawings accepted by the City prior to Final Plat approval. 16. The streets are to meet City standards and shall be dedicated to the City as public right-of-way. Ordinance No. 1652 Page 3 of 4 17. All streets will be paved with concrete sidewalks and curbs in place prior to Final Plat approval. The sidewalk on the south side of the proposed road is to extend to the northerly property line of proposed Lot 12. The north sidewalk is to extend to the northwesterly property line of proposed Lot 16. 18. Thirty feet of property fronting Pottery Avenue shall be deeded to the City as right-of-way. 19. The Final Plat shall show that each house in the subdivision shall pay the City $400.00 for road improvements at the time of building permit issuance. 20. A lighting plan shall be submitted and deemed acceptable to Puget Power standards and to the City Engineer prior to placement of any outdoor illumination. At a minimum, street illumination should be located at the entrance, detention pond, Lot 16 and the water quality pond lot. 21. Lots 2 and 24 shall not access to Pottery Avenue. 22. The Engineer of record shall certify that the road slopes are 12% or less. 23. 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 24. The stormwater system shall be designed and constructed to meet the standards that are in effect at the time of the issuance of the excavation permit for the Preliminary Plat. 25. All areas that have been disturbed during construction, but not constructed upon by 1 October of the year shall be hydroseeded or covered with straw to minimize sediment erosion. 26. The stormwater system shall be designed by a professional engineer. 27. All stormwater system improvements will be complete prior to approval of the Final Plat. 28. All lots will be surveyed and recorded. 29. All utilities will be underground. Ordinance No. 1652 Page 4 of 4 30. Road grade at the west end of the project would appear to be 12% grade into the cul de sac. Request the west end be looked at for more cut and less grade. 31. Project to have 8-inch main with hydrant at the southeast corner of Lot 24 at the entrance to the project and a hydrant at the property line of Lot 16. 32. Hydrants to be installed in accordance with Ordinance 999 and equipped with 5-inch storz adapters. 33. The Post Office may require combination boxes and not allow individual mail boxes. Plans shall show cutouts for these and illustrate that their placement will not obstruct the sidewalks. The boxes must not constrict the width of the sidewalk. 34. To reduce the 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 of the school impact fees prior to the date that a complete building permit application is accepted. The proponent can also mitigate the impact to the school system by negotiating a settlement with the South Kitsap School District. LEGAL DESCRIPTION: Attachment "B" 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 13th day of May, 1996. � _� — LESLIE J. VEATHERILL, MAYOR ATTEST-, Patricia Parks City Clerk APPROVED AS TO FORM: SPONSORED BY: ty Attorney Councilman Geiger ordinance No. 1652 Attachment "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 260-96 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION REQUESTING THE CITY COUNCIL APPROVE A PRELIMINARY PLAT WHICH WOULD ALLOW SUBDIVISION OF 10 ACRES INTO 24 SINGLE FAMILY RESIDENTIAL LOTS AT 1280, 1290 AND 1330 POTTERY AVENUE. LEGAL DESCRIPTION: PARCEL I: THE NORTH FIVE (5) ACRES OF THE SOUTH 10 ACRES OF THE NORTH 25 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.W.; EXCEPT THE SOUTH'h ACRE; SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON. PARCEL H: THE SOUTH 10 ACRES OF THE NORTH 25 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 4.5 ACRES THEREOF; AND EXCEPT POTTERY AVENUE; SITUATE IN THE CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON. WHEREAS, a Public Hearing was held on Monday, March 18, 1996, and the Planning Commission considered at length the findings and facts of the proposal, testimony, and materials presented at the Hearing; and WHEREAS, the applicants requested approval to subdivide 10 acres into 24 single family residential lots; and WHEREAS, the lot sizes are consistent with the Residential Low requirements for single family residential lots; and WHEREAS, this proposal meets City standards for utilities, roads and stormwater; and WHEREAS, this proposal complies with the Ross Creek Management Plan; and WHEREAS, this proposal reduces the drainage impact to the existing pond after development; and WHEREAS, the development does therefore comply with the Comprehensive Plan and Zoning Ordinance and is consistent with the objectives outlined therein. WE THEREFORE FIND: That the Preliminary Plat is compatible with surrounding land uses and will not have a detrimental effect on the surrounding community. Drdinance No. 1652 Attachment "A" Planning Commission Resolution Number 260-96 Page 2 CONCLUSION: Based upon the facts, testimony, and materials presented at the Hearing, we therefore conclude that the Preliminary Plat which would allow subdivision of 10 acres into 24 single family residential lots would be in harmony with the general purposes of the Zoning Ordinance and Comprehensive Plan. BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby requests the City Council to approve the Preliminary Plat for the above described property subject to the following conditions: PLANNING 1. No permanent sign shall be erected without prior approval from the Planning Department and issuance of a building permit. 2. A minimum of one street tree with a minimum height of six (6) feet and 1'/z inches caliper shall be installed within the front yard of each lot prior to Certificate of Occupancy issuance. 3. The final plat shall indicate Tract A and B as open space and list the land use restrictions against construction or clearing in these areas. This area should be deeded to the Homeowner's Association. 4. Grading is not permitted in Tract A and B. 5. Public/pedestrian access shall be provided to open space areas labeled as Tract A and shall be identified as such on the Final Plat. 6. Approval of this plat does not imply approval of the Golden Pond subdivision beyond the scope outlined herein nor does it imply approval of future developments to the north and/or west of this site including west of Ross Creek. - WETLANDS 7. The buffer area will be enhanced by an approved landscape plan prior to final plat approval. The landscape plan will be prepared by a qualified firm and submitted to the City for approval. 8. The wetland buffer shall be flagged by a qualified specialist prior to the issuance of the excavation permit and no construction or clearing shall be allowed in the buffer area. Planning Commission Resolution Number 26\, )6 Page 3 WATER ordinance No. 1652 Attachment "A" 9. The Developer shall install an 8 inch ductile iron water main from Pottery Avenue to the cul de sac. 10. An air vacuum release shall be installed at the high point of the water main extension. 11. All water system improvements will be complete, and the asbuilt drawing will be accepted by the City prior to Final Plat approval. SEWER 12. All homes shall drain to a common sewer pump station, that shall be constructed according to City requirements. 13. The sewer pump station shall be equipped with an on -site emergency generator capable of operating both pumps simultaneously and meet the following requirements: A. Be an explosion proof assembly. B. Be a dual pump assembly. C. Have on site a water outlet, 100 volt outlet, and a telephone conduit for future telemetry connection. D. The area shall be fenced with at least a six (6) foot high fence. 14. There shall be a manhole, of adequate depth, constructed at the intersection of Pottery Avenue and the new road to allow future connections by other properties. 15. All sewer system improvements will be complete, and the as -built drawings accepted by the City prior to Final Plat approval. STREET 16. The streets are to meet City standards and shall be dedicated to the City as public right- of-way. 17. All streets will be paved with concrete sidewalks and curbs in place prior to Final Plat approval. The sidewalk on the south side of the proposed road is to extend to the northerly property line of proposed Lot 12. The north sidewalk is to extend to the northwesterly property line of proposed Lot 16. 18. Thirty feet of property fronting Pottery Avenue shall be deeded to the City as right-of- way. 19. The Final Plat shall show that each house in the subdivision shall pay the City $400.00 for road improvements at the time of building permit issuance. Planning Commission Resolution Number 2t j6 Page 4 ordinance No. 1652 Attachment "A' 20. A lighting plan shall be submitted and deemed acceptable to Puget Power standards and to the City Engineer prior to placement of any outdoor illumination. At a minimum, street illumination should be located at the entrance, detention pond, Lot 16 and the water quality pond lot. 21. Lots 2 and 24 shall not access to Pottery Avenue. 22. The Engineer of record shall certify that the road slopes are 12% or less. 23. 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 STORMWATER 24. The stormwater system shall be designed and constructed to meet the standards that are in effect at the time of the issuance of the excavation permit for the Preliminary Plat. 25. All areas that have been disturbed during construction, but not constructed upon by 1 October of the year shall be hydroseeded or covered with straw to minimize sediment erosion. 26. The stormwater system shall be designed by a professional engineer. 27. All stormwater system improvements will be complete prior to approval of the Final Plat. SURVEYING 28. All lots will be surveyed and recorded. 29. All utilities will be underground. 30. Road grade at the west end of the project would appear to be 12% grade into the cul de sac. Request the west end be looked at for more cut and less grade. 31. Project to have 8-inch main with hydrant at the southeast corner of Lot 24 at the entrance to the project and a hydrant at the property line of Lot 16. 32. _ Hydrants to be installed in accordance with Ordinance 999 and equipped with 5-inch storz adaptors. Planning Commission Resolution Number 2& -6 Ordinance No. 1652 Attachment "A" Page 5 MISCELLANEOUS 33. The Post Office may require combination boxes and not allow individual mail boxes. Plans shall show cutouts for these and illustrate that their placement will not obstruct the sidewalks. The boxes must not constrict the width of the sidewalk. 34. To reduce the 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 of the school impact fees prior to the date that a complete building permit application 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 18th day of March, 1996. CITY OF PORT ORCHARD PLANNING COMMISSION rfG.• ��a� -a'v�J 0. John Hokanson, Chairman ATT Julie M. Brown Code Enforcement/Associate Planner GOLDEN POND LEGAL DESCRIPTION Parcel I: ordinance No. 1652 Attachment "B" The North 5 acres of the South 10 acres of the North 25 acres of the Southwest quarter of the Northeast quarter of Section 34, Township 24 North, Range 1 East, W.M.; EXCEPT the South 112 acre; Situate In the City of Port Orchard, County of Kitsap, State of Washington. Parcel H: The South 10 acres of the North 25 acres of the Southeast quarter of the Northeast quarter of Section 34, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; EXCEPT the North 4.5 acres thereof; AND EXCEPT Pottery Avenue; Situate in the City of Port Orchard, Kitsap County, Washington. Amended by ordinance /g/7 Section(s) Amended Date: 3 —112 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 May 13, 1996. ORDINANCE NO. 1652 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING PRELIMINARY PLAT OF GOLDEN POND SUBDIVISION, AS SUBMITTED BY & H LIMITED LIABILITY PARTNERSHIP AND THEIR REPRESENTATIVE KEENE ENGINEERING. THE PROPERTY IS LOCATED ON THE WEST SIDE OF POTTERY AVENUE, 400 FEET SOUTH OF MELCHER STREET AND ADDRESSES CONSISTING OF PROPERTIES AT 1280, 1290 AND 1330 POTTERY AVENUE. Copies of Ordinance No. 1652 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. 1652 will be provided at a nominal charge. City of Port Orchard Michelle Hager Deputy Clerk Publish: Port Orchard Independent May 22, 1996