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1632 - Ordinance - Approving Preliminary Plat of Aidan Place SubdivisionAmended by Ordinance 1718 Amended by Ordinance 1759 Section(s) Amended time ext. Section(s) Amended Cond. #38 Date: 04-13-98 Date: 03-08-99 ORDINANCE NO. 1632 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING PRELIMINARY PLAT OF AIDAN PLACE SUBDIVISION, AS SUBMITTED BY JIM JAMES. PROPERTY LOCATED IN THE VICINITY OF 1030 OLNEY AVENUE. WHEREAS, Jim James, applicant, has submitted an application for preliminary plat to allow a subdivision of approximately 15.43 acres of property located in the vicinity of 1030 Olney 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. 230-95 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold Public Hearings on April 24, 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 Aidan Place allowing a subdivision of approximately 15.43 acres into 40 dwelling units for single family residences and not more than 4 duplex lots located in the vicinity of 1030 Olney Avenue, with the following 48 conditions: (Lot numbers starting with Lot No. 6-45 have been amended to conform with Planning Commission Resolution No. 230-95 Condition No. 8 under Planning Section) 1. A center line curbing be placed along the two-way street at the entrance of the development proceeding into the northern -most section of the one-way road to control traffic. 2. The sidewalk along Olney Avenue will include cast in place, 6 inches high curbing. 3. An additional street light be placed on Olney in the vicinity of lot 44 or 45 or equally placed between the Aidan Place development and the proposed development to the south. 4. A pedestrian access constructed between Aidan Place and the proposed development to the south over the sanitary sewer easement joining the two properties. Ordinance No. 1632 Page 2 of 5 5. Road frontage on Lot 19 be increased to 20 feet. 6. No permanent sign shall be erected without prior approval from the Planning Department and issuance of a building permit. 7. 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, prior to a Certificate of Occupancy. 8. A minimum of two street trees with a minimum height of 4 feet and 2.5 inches in diameter shall be installed within the front yard of each duplex lot, one in front each residence, prior to a Certificate of Occupancy. 9. The Final Plat shall indicate Tract A as open space and list the land use restrictions against construction in this area. This area should be deeded to the homeowners association. 10. No grading will be done in Tract A except for the construction of the detention pond, sewer lift station, and access road. All trenches will be hydroseeded at the conclusion of the pipe installation. 11. The lots will be restricted to single family residences and no more than four duplex lots. 12. Lot 42's north boundary will be amended to allow a five foot side yard setback from all exterior structures including stairwells. 13. Lot 6 may contain the fourth duplex lot, if needed, to meet Fire Code standards. 14. All twelve foot wide accesses must be re -designed to meet Fire Code requirements of twenty feet. 15. All water designs shall be approved by the Annapolis Water District prior to construction. Inspections of the water system shall be accomplished by the Annapolis Water District. 16. Water connection policies will be determined by the Annapolis Water District. 17. All water system improvements will be complete prior to Final Plat approval. 18. All sewer designs shall be approved by Kitsap County Sewer District #5 prior to construction. Inspections of the sewer system shall be accomplished by Sewer District #5. 19. Sewer connection policies will be determined by the Kitsap County Sewer District 85. Ordinance No. 1632 Page 3 of 5 20. The City of Port Orchard will not own or operate a sewer pump station for this subdivision. 21. All sewer system improvements will be complete prior to Final Plat approval. 22. The streets are to meet City standards and shall be dedicated to the City as public right-of-way. 23. All streets will be paved with sidewalks in place prior to Final Plat approval. 24. Olney Avenue shall be paved with a two inch asphalt overlay from Horstman to Orlando. The paving of Olney will include a 4 foot shoulder to separate the sidewalk from the travelway prior to Final Plat approval. 25. The cast in place concrete sidewalk with curb shall be constructed from 3,000 psi concrete. 26. This project will accommodate pedestrians with a five foot wide concrete sidewalk on the west side of Olney for the full frontage, to include in front of the existing single family house prior to the approval of the Final Plat. 27. The City Clerk will confirm the street name and addresses of the lots prior to any excavation permit being issued. 28. 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. As a minimum, street illumination should be located at the entrance, exit and lots: 26, 29, 32, and 41. 29. The required 5 foot easements on both sides of the road will be clearly shown. 30. The Developer should provide the City with $800.00 to pay for the following signs and posts: 1 Street signs 5 No Parking Signs 4 One way signs 6 Do not enter signs 31. No public road shall exceed a 12% grade. 32. Access to lots 6,7, and 20 shall be revised to remove dead end feeders. 33. Lots 1 & 41 shall have access onto Lowren Loop only. Ordinance No. 1632 Page 4 of 5 34. 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. 35. All areas that have been disturbed during construction, but not constructed upon by 1 October shall be hydroseeded to minimize sediment erosion. 36. The stormwater system shall be designed by a professional engineer. 37. All stormwater system improvements will be complete prior to approval of the Final Plat. 38. Prior to Final Plat approval, the developer shall provide a playground area owned and maintained by the homeowners association. It shall consist of a big toy, such as a swing set, jungle gym or other equipment and shall have an impact resistant surface, to the approval of the City Engineer. 39. The size of the tot lot will be widened an additional 5 feet along the side adjoining lot 27. 40. A four foot tall chain link fence will be installed along the perimeter of the tot lot and a guard rail will also be installed as a barrier between the tot lot and the road. 41. All lots will be surveyed and recorded. 42. Each lot should have survey markers installed. 43. Fire hydrants shall be placed as required by the Fire Department. At a minimum, there will be a fire hydrant at the vicinity of lots 2, 22 and 29. 44. Building permit applications for lots 6, 7, 10, 11, 20, 30, 34 and 39 will require approval from the Fire Chief before they can be approved for building to ensure compliance with the Uniform Fire Code. 45. All utilities will be underground. 46. 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. 47. 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 Ordinance No. 1632 Page 5 of 5 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. 48. The applicants must meet with Kitsap Transit and provide an area along the Olney right-of-way for a bus stop and shelter as determined by Kitsap Transit. LEGAL DESCRIPTION: Portion of the south half of the Northeast quarter of the Southeast Quarter of Section 25, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, lying westerly of Olney Avenue; except portion deeded to Richard V. Krueger and Helen Krueger Husband and wife, but auditor's file number 486008, recorded in volume 482 on page 673, records of Kitsap County. PASSED by the City Council the Mayor and attested by the Clerk in day of May, 1995. ATTEST: Patricia Parks, City Clerk APPROVED AS TO FORM: of the City of Port Orchard, SIGNED by authentication of such passage this 8th 44,0Er= LESLIE J. WEATHERILL, MAYOR SPONSORED BY: ty Attorney Councilman Van Zee CITY OF PORT ORCHARD Ordinance No. 1632 PLANNING COMMISSION Attachment "A" RESOLUTION NO. 230-95 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION OF 15.43 ACRES OF PROPERTY LOCATED ALONG THE WEST SIDE OF OLNEY AVENUE INTO 49 DWELLING UNITS AND NO MORE THAN 4 DUPLEX LOTS AS REQUESTED BY JIM JAMES . LEGAL DESCRIPTION: Exhibit A. WHEREAS, the applicant has requested to subdivide 15.43 acres of land into 49 dwelling units and no more than 4 duplex lots; and WHEREAS, a public hearing was held on Monday, March 20, 1995, and the Planning Commission considered at length 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, 6.7 acres out of the 15.43 acres will be left as an open space/utility tract; and WHEREAS, the Planning Commission and the applicants worked together to serve the best interests of all; 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 Annapolis Water District and Sewer District 15. Roads will include pedestrian sidewalks. Finding: Property subdivisions shall make adequate provision for open -space, parks and playgrounds. Fact: There is considerable land set aside as open space. In addition, the developer will create a playground to consist of at least one big toy in 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 KitsaD School DiStrint_ v a.uiaa cu al:C LIU. 1 Vo 4 LiLLacmnenL --a" Finding: Property subdivisions sha " make adequate p: 'isions for streets, drai ge ways, sanitary wa.ces, and water supplies. Fact: Stormwater will be conveyed to detention ponds and bioswales using best management practices. Water service will be supplied by the Annapolis Water District and .sewer service is provided by sewer District #5. Streets shall meet new development standards. WHEREAS, approval is based upon 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 4 feet and 2.5 inches in diameter shall be installed within the front yard of each lot, prior to a Certificate of Occupancy. 3. A minimum of two street trees with a minimum height of 4 feet and 2.5 inches in diameter shall be installed within the front yard of each duplex lot, one in front each residence, prior to a Certificate of Occupancy. 4. The Final Plat shall indicate Tract A as open space and list the land use restrictions against construction in this area. This area should be deeded to the homeowners association. 5. No grading will be done in Tract A except for the construction of the detention pond and access road. All trenches will be hydroseeded at the conclusion of the pipe installation. 6. The lots will be restricted to single family residences and no more than four duplex lots. 7. Lot 43's north boundary will be amended to allow a five foot side yard setback from all exterior structures including stairwells. B. Lots 6 & 7 may be combined to form the fourth duplex lot, if needed, to meet Fire Code standards. 9. All twelve foot wide accesses must be re -designed to meet Fire Code requirements of twenty feet. WATER: I. All water designs shall be approved by the Annapolis Water District prior to construction. Inspections of the water system shall be accomplished by the Annapolis Water District. 2. Water connection policies will be determined by the Annapolis Water District. 3. All water sys'Eem improvements will be complete prior to Final Plat approve'. SEWER: 1. All sewer designs shall be approved by Kitsap County Sewer District 15 prior to construction. Inspections of the sewer system shall be accomplished by Sewer District 15. 2. Sewer connection policies will be determined by the Kitsap County Sewer District #5. 3. The City of Port Orchard will not own or operate a sewer pump station for this subdivision. 4. All sewer system improvements will be complete prior to Final Plat approval. STREET: 1. The streets are to meet City standards and shall be dedicated to the City as public right-of-way. 2. All streets will be paved with sidewalks in place prior to Final Plat approval. 3. Olney Avenue shall be paved with a two inch asphalt overlay from Horstman to Orlando. The paving of Olney will include a 4 foot shoulder to separate the sidewalk from the travelway prior to Final Plat approval. 4. The cast in place concrete sidewalk with curb shall be constructed from 3,000 psi concrete. 5. This project will accommodate pedestrians with a five foot wide concrete sidewalk on the west side of Olney for the full frontage, to include in front of the existing single family house prior to the approval of the Final Plat. 6. The City Clerk will confirm the street name and addresses of the lots prior to any excavation permit being issued. 7. 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. As a minimum, street illumination should be located at the entrance, exit and lots: 27, 30 33, and 42. 8. The required 5 foot easements on both sides of the road will be clearly shown. 9. The Developer should provide the City with $800.00 to pay for the following signs and posts: 1 Street signs 5 No Parking Signs 4 One way signs 6 Do not enter signs t. Ordinance No. 1632 Attachment "A" 10. No public road shall exceed a 12% grade. 11. Access to lots 6,7,8, and 21 shall be revised to remove dead end feeders. 12. Lots 1 & 42 shall have access onto Lowren Loop only. 1. 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. 2. All areas that have been disturbed during construction, but not constructed upon by 1 October shall be hydroseeded to minimize sediment erosion. 3. The stormwater system shall be designed by a professional engineer. 4. All stormwater system improvements will be complete prior to approval of the Final Plat. PARKS: 1. Prior to Final Plat approval, the developer shall provide a playground area owned and maintained by the homeowners association. It shall consist of a big toy, such as a swing set, jungle gym or other equipment and shall have an impact resistant surface, to the approval of the City Engineer. 2. The size of the tot lot will be widened an additional 5 feet along the side adjoining lot 28. 3. A four foot tall chain link fence will be installed along the perimeter of the tot lot and a guard rail will also be installed as a barrier between the tot lot and the road. SURVEYING: 1. All lots will be surveyed and recorded. 2. Each lot should have survey markers installed. FIRE: 1. Fire hydrants shall be placed as required by the Fire Department. At a minimum, there will be a fire hydrant at the vicinity of lots 2, 23 and 30. 2. Building permit applications for lots 6, 8, 11, 12, 31, 35 and 40 will require approval from the Fire Chief before that can be approved for building to ensure compliance with the Uniform Fire code. UTILITIES All utiliti( will be underground. Ordinance No. 1632 Attachment "A" MISCELLANEOUS: 1. 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. 2. To reduce the impact to the school system, mitigation fees will he 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. 3. The applicants must meet with Kitsap Transit and provide an area along the Olney right-of-way for a bus stop and shelter as determined by Kitsap Transit. WE THEREFORE FIND: that the proposed subdivision as modified 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 Aidan Place subdivision is in harmony with the general purposes of the Zoning Ordinance and surrounding Comprehensive Plan designations. BE IT RESOLVED, that the Planning of Port Orchard hereby respectfully request approve the amended preliminary plat subdivision. PASSED this 20th day of March 1995. ATTEST: s Commission of the City that the City Council of the Aidan Place CITY OF PORT ORCHARD PLANNING COMMISSION 0. John Hokanson, Chairman iate City F—R�'t=c� 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 8, 1995. ORDINANCE NO. 1632 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING PRELIMINARY PLAT OF AIDAN PLACE SUBDIVISION, AS SUBMITTED BYJIMJAMES, APPLICANT. PROPERTY LOCATED IN THE VICINITY OF 1030 OLNEY AVENUE. LEGAL DESCRIPTION AVAILABLE UPON REQUEST. Copies of Ordinance No. 1632 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. 1632 will be provided at a nominal charge. City of Port Orchard nu 0- Q, Michelle Deputy Clerk Publish: Port Orchard Independent May 17, 1995