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1629 - Ordinance - Prelim Plat of Castle Gate SubdivisionORDINANCE NO. 1629 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING PRELIMINARY PLAT OF CASTLE GATE SUBDIVISION, AS SUBMITTED BY CHUCK CHILDRESS. PROPERTY LOCATED ON THE SOUTHEAST CORNER OF POTTERY AVENUE AND MAY STREET. WHEREAS, Chuck Childress, owner of record, has submitted an application for preliminary plat to allow subdivision of approximately 1.33 acres of property located on the southeast corner of Pottery Avenue and May Street, 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. 226-95 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold Public Hearings on February 27, 1995 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 High. 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 Castle Gate allowing a subdivision of approximately 1.33 acres into not more than 9 lots located along the southeast corner of Pottery Avenue and May Street, to construct single family homes with the following 25 conditions: 1. A scaled grading plan shall be submitted identifying existing and future grades. 2. A minimum of one street tree with a minimum height of 4 feet and 2.5 inches in diameter shall be installed within the front yard of each lot. 3. The lots will be restricted to single family residences. 4. The water main shall be a minimum of Class 50 ductile iron and meet all City requirements. Ordinance No. 1629 Page 2 of 3 5. The developer shall install all water meter assemblies, less the actual meter. Meters will be installed at the time of payment of the connection fees. The $50 inspection fee will be paid by the homeowner with the other connection fees. 6. All water mains in the right of way will be deeded to the City. 7. Each lot shall have a service line and property line clean out installed. The $50 inspection fee will be paid by the homeowner with the other connection fees. 8. All sewer mains in the right of way and easement will be deeded to the City. 9. If a sewer pump station is required, it will meet all City requirements and will be equipped with an emergency generator. 10. The stormwater management will be designed by a Licensed Engineer and shall comply with the manual used by Kitsap County. 11. The developer shall install a street light acceptable to Puget Power standards at the east end of the street. 12. All roads and easements will be deeded to the City as public roads. 13. The public road will meet the new road standards. 14. During home construction, the contractor shall construct the required 4 foot wide concrete sidewalk prior to the issuance of a Certificate Of Occupancy. 15. The Developer shall pay the City $100 for a street sign and stop sign. 16. Lots 1, 2, and 3 shall have the driveways on the east side of the property to avoid conflicts with the Pottery/May intersection. 17. There shall be no direct access of any lot onto Pottery Avenue, except for Moat Lane. 18. The crossing of Moat Lane over the peat bog will be designed by a Professional Engineer. 19. A financial donation shall be given to the City to be used to construct an impact area under the playground equipment at the Windfall Place tot lot (the nearest playground) to consist of a contained area constructed of 6 inch wide landscape timber and 6 Ordinance No. 1629 Page 3 of 3 inches depth of pea gravel, at least five feet from each piece of equipment. The donation shall be $200.00 per lot and paid prior to final plat approval. 20. Any construction in a peat area shall be specifically designed by a Professional Engineer. 21. All lots will be surveyed and recorded. 22. Each lot should have survey markers installed. 23. A fire hydrant shall be placed as required by the Fire Department. At a minimum, there will be a fire hydrant at the entrance of the roadway. 24. 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. 25. All utilities will be underground. LEGAL DESCRIPTION: Section 35, Township 24 N, Range 1 E, Lot 1, Block 3 Hayward Home Tracts, Volume 6, page 46, records of Kitsap County, Washington 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 March, 1995. LESLIE J. WEATHERILL, MAYOR ATTEST: -GIZL�z Patricia Parks, City Clerk APPROVED AS TO FORM: City Attorney SPONSORED BY: Councilman Van Zee Ordinance No. 1629 AttachTient "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 226-95 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION OF 1.33 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF POTTERY AVENUE AND MAY STREET, AS REQUESTED BY CHUCK CHILDRESS. LEGAL DESCRIPTION: Exhibit B. WHEREAS, the applicant has requested to subdivide 1.33 acres of land into 9 lots; and WHEREAS, a public hearing was held on Monday, January 16, 1995, and the Planning Commission considered the facts of the proposal, testimony, and materials presented at the hearing; and WHEREAS, a SEPA checklist has been submitted and received a Mitigated Determination of Nonsignificance; and WHEREAS, the proposed use of the property and housing density is in harmony with the provisions of the Comprehensive Plan; and WHEREAS, the following findings of fact exist relative to the subdivision proposal: Finding: Property subdivisions shall make adequate provisions related to the public's health, safety and general welfare. Fact: The subdivision will be served by the City of Port Orchard Water and Sewer Districts. Roads will include pedestrian sidewalks.. Finding: Property subdivisions shall make adequate provision for open -space, parks and playgrounds. Fact: Monies will be made available towards the creation of a playground equipment in the neighborhood of the subdivision. Finding: Residential subdivisions shall make appropriate provisions for schools. Fact: The project will pay school impact fees when and if the city establishes the required ordinances. The proponent can also mitigate the impact to the school system by negotiating a settlement with the South Kitsap School District. Finding: Property subdivisions shall make adequate provisions for streets, drainage ways, sanitary wastes, and water supplies. Finding: Stormwater will be conveyed to detention ponds using best management practices. Water and Sewer service viulaaaan;c avv. 1b67 Attachment "A" WHEREAS, pproval is based upon the following conditions: PLANNING: 1. A scaled grading plan shall be submitted identifying existing and future grades. 2. A minimum of one street 'tree with a minimum height of 4 feet and 2.5 inches in diameter shall be installed within the front yard of each lot. 3. The lots will be restricted to single family residences. WATER: 1. The water main shall be a minimum of Class 50 ductile iron and meet all City requirements. 2. The developer shall install all water meter assemblies, less the actual meter. Meters will be installed at the time of payment of the connection fees. The $50 inspection fee will be paid by the homeowner with the other connection fees. 3. All water mains in the right of way will be deeded to the City. SEWER 1. Each lot shall have a service line and property line clean out installed. The $50 inspection fee will be paid by the homeowner with the other connection fees. 2. All sewer mains in the right of way and easement will be deeded to the City. 3. If a sewer pump station is required, it will meet all City requirements and will be equipped with an emergency generator. STORMWATER 1. The stormwater management will be designed by a Licensed Engineer and shall comply with the manual used by Kitsap County. STREET 1. The developer shall install a street light acceptable to Puget Power standards at the east end of the street. 2. All roads and easements will be deeded to the City as public roads. 3 per Final: },€ �ppr� rf wired €et�r €eet eem Fez Ordinance No. 1629 AttaclMent "A" wliw .... o .v . , a`..:....i........ .... u: ......, i .A n..... ......... ::.. 4. During home construction, the contractor shall construct the required 4 foot wide concrete sidewalk prior to the issuance of a Certificate Of Occupancy. 5. The Developer shall pay the City $100 for a street sign and stop sign. 6. Lots 1, 2, and 3 shall have the driveways on the east side of the property to avoid conflicts with the Pottery/May intersection. 7. There shall be no direct access of any lot onto Pottery Avenue, except for Moat Lane. 8. The crossing of Moat Lane over the peat bog will be designed by a Professional Engineer. I�� 1. A financial donation shall be given to the City to be used to construct an impact area under the playground equipment at the Windfall Place tot lot (the nearest playground) to consist of a contained area constructed of 6 inch wide landscape timber and 6 inches depth of pea gravel, at least five feet from each piece of equipment. The donation shall be $200.00 per lot and paid prior to final plat approval. BUILDING: 1. Any construction in a peat area shall be specifically designed by a Professional Engineer. SURVEYING: 1. All lots will be surveyed and recorded. 2. Each lot should have survey markers installed. FIRE: 1. A fire hydrant shall be placed as required by the Fire Department. At a minimum, there will be a fire hydrant at the entrance of the roadway. Miscellaneous: 1. 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 Ordinance No. 1629 Attachment "A" 2. All utilitie:.will be underground WE THEREFORE FIND: that the proposed subdivision is compatible with surrounding land uses and will not have a detrimental effect on adjacent properties. CONCLUSION, based on the facts, testimony, and materials presented at the hearing, we therefore conclude that the Castle Gate subdivision is in harmony with the general purposes of the Zoning Ordinance and surrounding Comprehensive Plan designations. BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests that the City Council approve the preliminary plat of the Castle Gate subdivision. PASSED this 16th day of January 1995. CITY OF PORT ORCHARD PLANNING COMMIS S 10 0. John Hokanson, Chairman Margaret KaInaugh Associate Ci y Planner 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 13, 1995. ORDINANCE NO. 1629 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING PRELIMINARY PLAT OF CASTLE GATE SUBDIVISION, AS SUBMITTED BY CHUCK CHILDRESS, APPLICANT. PROPERTY LOCATED ON THE SOUTHEAST CORNER OF POTTERY AVENUE AND MAY STREET. LEGAL DESCRIPTION AVAILABLE UPON REQUEST. Copies of Ordinance No. 1629 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. 1629 will be provided at a nominal charge. City of Port Orchard V Michelle Hager Deputy Clerk Publish: Port Orchard Independent March 22, 1995