1635 - Ordinance - Prelim Plat of Rockport Subdivision$16.00K'IT° u COUNTY CASH
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F(ILLED-BYii: L if OF PORT ORCHARD
Amended by Ordinance 1719 KAREN FLYNN� AUDITOR
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Section(s) Amended+. r, Y_ CLERK: BEVANS
Date: 04-13-98 �-�- rt2
A. F. # : 9507060138
Amended by Ord. 1851 03-25-02 ORDINANCE NO. 1635
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
APPROVING PRELIMINARY PLAT OF ROCKPORT SUBDIVISION, AS
SUBMITTED BY JIM JAMES. PROPERTY LOCATED APPROXIMATELY
IN THE 900-1000 BLOCK OF OLNEY AVENUE (WEST SIDE).
WHEREAS, Jim James, applicant, has submitted an application for
preliminary plat to allow a subdivision of approximately 12.81 acres of
property located approximately in the 900-1000 block of Olney Avenue (West
Side) , and REEL 0866 FR 2469
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. 233-95 - ATTACHMENT "A" recommending approval of said
petition, and
WHEREAS, The Council of the City of Port Orchard did hold Public
Hearings on June 12, 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 Multiple Family 20
Zone.
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 Rockport Subdivision allowing a subdivision of approximately 12.81
acres into 43 dwelling units for single family residences and 3 duplex lots
located approximately in the 900-1000 block of Olney Avenue (West Side), with
the following 33 conditions:
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 the issuance of 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 on
each duplex unit, one in front of each residence, prior to the
issuance of 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.
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 June 26, 1995.
ORDINANCE NO. 1635
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING PRELIMINARY PLAT OF ROCKPORT
SUBDIVISION, AS SUBMITTED BY JIM JAMES, APPLICANT.
PROPERTY LOCATED APPROXIMATELY IN THE 900-1000 BLOCK
OF OLNEY AVENUE (WEST SIDE). LEGAL DESCRIPTION
AVAILABLE UPON REQUEST.
Copies of Ordinance No. 1635 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.
1635 will be provided at a nominal charge.
City of Port Orchard
Michelle Hager
Deputy Clerk
Publish: Port Orchard Independent
July 5, 1995
Ordinance No. 1635
Page 2 of 4
5. No grading will be done in Tract A except for the construction of
the bioswales. All trenches will be hydroseeded at the conclusion
of the pipe installation.
6. The lots will be restricted to single family residences and
three duplexes.
7. All water designs shall be approved by the Annapolis Water
District prior to construction. Inspections of the water system
shall be accomplished by Annapolis Water District.
8. Water connection policies will be determined by the Annapolis
Water District.
9. All water system improvements will be complete prior to Final
Plat approval.
10. 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.
11. Sewer connection polices will be determined by the Kitsap Count
Sewer District #5. A. F. # 9507ly ,,gg,,
REEL (3866 FR 24 C7
12. All sewer system improvements will be complete prior to Final
Plat approval.
13. The streets are to meet City standards and shall be dedicated to
the City as public right-of-way.
14. All streets will be paved with sidewalks in place prior to Final
Plat approval.
15. This project will accommodate pedestrians with a five foot wide
concrete sidewalk with a six inch high curb on the west side of
Olney for the full frontage of the subdivision, prior to the
approval of the Final Plat.
16. The cast in place concrete sidewalk with curb shall be constructed
from 3,000 psi concrete for all the sidewalks including along
Olney Avenue.
17. The City Clerk will confirm the street name and addresses of the
lots prior to any excavation permit being issued.
18. 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 10 and 42.
Ordinance No. 1635
Page 3 of 4
19. The required 5 foot utility easements on both sides of the road
will be clearly shown.
20. The Developer should provide the City with $650.00 to pay for the
following signs and posts:
1 Street sign
6 No Parking signs A. F . # : 9507060 1 38
4 One way signs REEL 0866 FR 2471
2 Do Not Enter signs
21. The stormwater system shall be designed and constructed to meet
the Department of Ecology standards that are in effect at the time
of the issuance of the excavation permit for the Preliminary Plat.
22. All areas that have been disturbed during construction, but not
constructed upon by 1 October of the year shall be hydroseeded to
minimize sediment erosion.
23. The stormwater system shall be designed by a professional
engineer.
24. All stormwater system improvements will be complete prior to
approval of the Final Plat.
25. Prior to Final Plat approval, the developer shall provide a
playground area to be owned and maintained by the Homeowners
Association. It shall consist of at least 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.
26. All lots will be surveyed and recorded.
27. Each lot should have survey markers installed.
28. Fire Hydrants will be constructed in the vicinity of lots 1,
10 and 21.
29. All utilities will be underground.
30. 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.
Amended by Ordinance 1758
Section(s)Amended (. nrl_ #2S
Date: 03-08-99
Ordinance No. 1635
Page 4 of 4
31. 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.
32. 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.
33. A pedestrian access shall be constructed between the Rockport
Subdivision and the proposed development to the north over the
sanitary sewer easement joining the two properties. A private
easement to protect pedestrian access shall be created and
maintained by the Homeowners Association, prior to the Final Plat
approval.
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
26th day of June, 1995.
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM:
(-- 6cr=
LESLIE J. WEATHERILL, MAYOR
A. F. #: 9507060138
REEL 0866 FR 2472
SPONSORED BY:
City Attorney Councilwoman Powers
ATTACI-IMEIVT "A"
ordinance No. 1635
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 233-95
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION OF 12.81 ACRES
OF PROPERTY LOCATED ALONG THE WEST SIDE OF OLNEY AVENUE INTO 43
DWELLING UNITS AND 3 DUPLEX LOTS AS REQUESTED BY JIM JAMES.
LEGAL DESCRIPTION: See Exhibit A.
WHEREAS, the applicant has requested to subdivide 12.81
acres of land into 43 dwelling units and 3 duplex lots; and
WHEREAS, a public hearing was held on Monday, May 15,
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, 4.17 acres out of the 12.81 acres will be left
as an open space 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: A. F. #: 95070601313
REEL 0866 FR 2473
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 #5. 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
ATTACHMENT "A"
Ordinance No. 1635
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.
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:
A. F. #: 9507060138
PLANNING: REEL 0866 FR 2474
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 the issuance of 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 on each duplex unit, one in front of each residence,
prior to the issuance of 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 bioswales. All trenches will be hydroseeded at the
conclusion of the pipe installation.
6. The lots will be restricted to single family residences and
three duplexes.
WATER:
1. All water designs shall be approved by the Annapolis Water
District prior to construction. Inspections of the water
system shall be accomplished by Annapolis Water District.
2. Water connection policies will be determined by the Annapolis
Water District.
3. All water system improvements will be complete prior to Final
Plat approval.
ATPACEMIM "A"
Ordinance No. 1635
SEWER:
1. 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.
2. Sewer connection polices will be determined by the Kitsap
County Sewer District #5.
3. 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. This project will accommodate pedestrians with a five foot
wide concrete sidewalk with a six inch high curb on the west
side of Olney for the full frontage of the subdivision, prior
to the approval of the Final Plat.
4. The cast in place concrete sidewalk with curb shall be
constructed from 3,000 psi concrete for all the sidewalks
including along Olney Avenue.
5. The City Clerk will confirm the street name and addresses of
the lots prior to any excavation permit being issued.
6. 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
10 and 42.
7. The required 5 foot utility easements on both sides of the
road will be clearly shown.
8. The Developer should provide the City with $650.00 to pay for
the following signs and posts:
- - 1 Street sign
6 No Parking signs A. F. ��?�®
2 One way signs REEL (3866 F'R 2475
2 Do Not Enter signs
A'ffAQIMEN`i' "A"
Ordinance No. 1635
STORMWATER:
1.
The stormwater system
shall be designed and constructed to
meet the Department of
Ecology 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 of the year 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.
F7�:T-T
1. Prior to Final Plat approval, the developer shall provide a
playground area to be owned and maintained by the Homeowners
Association. It shall consist of at least 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.
A_ F. # �. 9507060138
8
FEEL 0866 FR 2476
SURVEYING:
1. All lots will be surveyed and recorded.
2. Each lot should have survey markers installed.
FIRE:
1. Fire Hydrants will be constructed in the vicinity of lots 1,
10 and 21.
UTILITIES
1. All utilities will be underground.
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 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
ATTACIVlEW "A"
Ordinance No. 1635
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.
A pedestrian access shall be constructed between the Rockport
subdivision and the proposed development to the north over the
sanitary sewer easement joining the two properties. A private
easement to protect pedestrian access shall be created and
maintained by the Homeowners Association, prior to the Final
Plat approval.
PASSED this 15th day of May 1995.
�ATTEST:
W1Qfl 1 ler,-C�.ti-�
Marg et Kavana gh
Asso late Plann r
CITY OF PORT ORCHARD
PLANNING COMMISSION
John Hokanson, Chairman
AL F. # : 9507060138
FEEL 0866 FR 2477
ATTACHMENT "B"
ordinance No. 1635
ATTACHMENT A:
Parcel 1:
Portion of the Northeast quarter of the Southeast Quarter of
Section 25, Township 24 North, Range 1 East, W.M., Kitsap County,
Washington; except that portion lying South of the following
described property: the South 129 feet of the following:
The Northeast quarter of the Southeast quarter of the Southeast
quarter of Section 25, Township 24 north, Range 1 East. W.M. in
Kitsap County, Washington; except the following described tract:
Beginning at a point which is north 0?31147" East 3311.2 feet;
thence North 88?29130" East 667.7 feet to the point of beginning;
Except for the East 40 feet for road;
Except for county road;
and except that portion conveyed to the Kitsap County for Olney
Road, by deed recorded under Auditor's File No. 8609020097; and
corrected by document recorded under Auditor's 8610220259; situate
in Kitsap County, Washington.
Parcel 2:
The Northwest quarter of the Southeast quarter of the Southeast
quarter, Section 25, Township 24 North, Range 1 East, W.M. in
Kitsap County, Washington; Except the North 30 feet conveyed to
Kitsap County by deed recorded under Auditor's file numbers 890162,
890166, 890167 and 890169;
And except that portion conveyed to Kitsap County for Olney Road by
deed recorded under Auditor's file no. 8609020097, and corrected by
document recorded under Auditor's file no. 8610220259; Situate in
Kitsap County, Washington.
A. F. # : 9507060138
REEL 0866 FR 2478