1617 - Ordinance - Prelim Plat of Heron Ridge SubdivisionORDINANCE NO. 1617
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
APPROVING PRELIMINARY PLAT OF HERON RIDGE SUBDIVISION,
AS SUBMITTED BY JERRY CLARK. PROPERTY LOCATED ALONG THE
200 BLOCK OF MELCHER AVENUE.
WHEREAS, Jerry Clark, owner of record, has submitted an
application for preliminary plat to allow subdivision of approximately nine
acres of property located along the 200 block of Melcher 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. 216-94 - ATTACHMENT "A" recommending approval of said
petition, and
WHEREAS, The Council of the City of Port Orchard did hold Public
Hearings on September 26, 1994 and October 10, 1994 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 Heron Ridge allowing a subdivision of approximately nine acres into
35 lots located along the 200 block of Melcher Avenue, to construct single
family homes with the following 31 conditions:
1. A scaled grading plan shall be submitted identifying existing and
future grades.
2. No permanent sign shall be erected without prior approval from the
Planning Department and issuance of a building permit.
3. A minimum of one street tree with a minimum caliper of 2.5 inches
shall be installed within the front yard of each lot.
4. No grading will be done in Tract A except for the construction of
the manmade pond, hydroswale, and tot lot. The trenches will be
hydroseeded at the conclusion of the pipe installation.
5. The final plat shall indicate Tract A as open space and list the
land use restrictions against construction in this area. The
Ordinance No. 1617
Page 2 of 4
specific regulations regarding the view easement on Tract A should
also be included in the covenants. These areas should be deeded
to the Homeowners' Association.
6. The lots will be restricted to single family residences.
7. No land clearing or construction shall take place from 1 March to
15 July of each year to minimize impacts on the Heron Rookery.
S. The Developer shall connect to the S inch water main that was
installed by the Highlands On The Creek project and extend that
water main to Hill Avenue.
9. Fire hydrants shall be placed as required by the Fire Department.
At a minimum, there will be a fire hydrant at the vicinity of Lot
14 and a blow off assembly at Hill Avenue. An air release valve
will be required at the system high points.
10. The water main shall be Class 50 ductile iron and meet all City
requirements. The developer shall install all water meter
assemblies, less the actual water 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 construction
fees.
11. All water mains in the right of way will be deeded to the City.
12. 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.
13. All sewer mains in the right of way and easement will be deeded to
the City.
14. If a sewer pump station is required, it will meet all City
requirements and will be equipped with an emergency generator.
15. 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. Luminaries need to be installed at the two
intersections with Melcher Avenue and one in vicinity of Lot 14.
16. The Developer should provide the City with $300 to pay for the
following signs and posts:
Heron Loop 2 street signs
No Parking 4 signs
No Parking On Heron Loop 1 large sign
Ordinance No. 1617
Page 3 of 4
17. The driveway to Lots 8, 9 10 and 11 will be a private road. Hill
Avenue is a private road and is not available for use, unless the
owners of Hill Avenue provide the subdivision an easement. The
City will not maintain this driveway and it does not maintain Hill
Avenue.
18. At the time of building permit issuance, each house shall pay a
fee of $400 per dwelling unit for future road improvements to
Melcher Street. The southernmost 15 feet of the entire
subdivision property directly abutting Melcher Street shall also
be dedicated to the City for future road improvements (future
widening of Melcher Street).
19. The Developer must construct a crushed rock six foot wide shoulder
along the Melcher Street border of the subdivision from the eat
age 9c the two_ a, soG+;--n entrance (eastern access) of Heron
Loop to Hill Avenue. (Language amended to reflect Council intent
for residential one-way feeder -Council action 10124194 adoption of
Ordinance No. 1617)
20. The southern boundary of Tract B shall have a slope easement for
the City to allow the creation of a 2:1 slope at a later date for
improvements to Melcher.
21. Areas five feet on each side of the right of way will be deeded to
the City as utility easements.
22. The contractor shall construct 4 foot wide concrete sidewalks on
both sides of the road.
aceess ad requ4pes City Ce „
it al- (Deleted by Council
action on 10124194adoption of Ord.1617).
24. Stormwater management shall conform to best management practices.
A licensed engineer will prepare the stormwater management plan.
25. The road easement will be a minimum of 12 feet wide to allow
vehicle access to the pond, and as shown will not straddle a
property line.
26. The project construction needs to follow best management practices
as proposed by the Department of Ecology to include the use of
filter fabric fencing, gravel pads at road entrances and
hydroseeding.
Ordinance No. 1617
Page 4 of 4
27. A tot lot will be constructed within Tract A, near the 12 foot
wide access road. It shall consist at a minimum of a big toy
slide and swing. It shall be maintained and owned by the
Homeowners' Association. The size, exact location and topography
of the tot lot are subject to approval by the City Engineer.
28. All lots will be surveyed and recorded.
29. Each lot should have survey markers installed.
30. Provisions for emergency vehicle turnaround shall be provided for
on dead end roads, wide areas, personal driveways with wide
approaches and/or cul-de-sacs.
31. All street/traffic configurations are to be one way traffic and
meet the requirements of a residential one-way feeder with the
direction of traffic flow to be determined by the City Engineer.
LEGAL DESCRIPTION
PASSED by the City Council
the Mayor and attested by the Clerk in
24th day of October, 1994.
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM:
City Attorney
ATTACHMENT "B"
of the City of Port Orchard, SIGNED by
authentication of such passage this
LESLIE J.`WEATHERILL, MAYOR
SPONSORED BY:
Councilwoman Powers
CITY OF PORT ORCHARD Ordinance No. 1617
PLANNING COMMISSION Attachment "A"
RESOLUTION NO. 216-94
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION OF 9 ACRES OF
PROPERTY LOCATED ALONG THE 200 BLOCK OF MELCHER STREET, AS
REQUESTED BY JERRY CLARK
LEGAL DESCRIPTION: Exhibit B.
WHEREAS, the applicant has requested to subdivide 9 acres
of land into 35 lots; and
WHEREAS, a public hearing was held on Monday, June 20,
1994, 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 water and
sewer system. Roads will include pedestrian
sidewalks.
Finding: Property subdivisions shall make adequate provision
for open -space, parks and playgrounds.
Fact: There is considerable space set aside as open
space. In addition, monies will be made available
towards the creation of a playground 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
is nrnvir3Pd hV the city of Port orchard.
planning Resolution 216-94 Page 2 of 5
Heron Ridge
WHEREAS, approval is based upon the following conditions:
PLANNING:
1. A scaled grading plan shall be submitted identifying existing
and future grades.
2. No permanent sign shall be erected without prior approval from
the Planning Department and issuance of a building permit.
3. A minimum of one street tree with a minimum caliper of 2.5
inches.shall be installed within the front yard of each lot.
4. No grading will be done in Tract A except for the construction
of the manmade pond and hydroswale. The trenches will be
hydroseeded at the conclusion of the pipe installation.
5. The final plat shall indicate Tract A as open space and list
the land use restrictions against construction in this area.
The specific regulations regarding the view easement on Tract
A should also be enumerated at this time. These areas should
be deeded to the homeowners, association.
6. The lots will be restricted to single family residences.
7. No land clearing or construction shall take place from 1 March
to 15 July of each year to minimize impacts on the Heron
Rookery.
WATER:
1. The preliminary plat does not show the water system or the
fire hydrant placement. The following conditions are
recommended:
A. The Developer shall connect to the 8 inch water main that
was installed by the Highlands On The Creek project and
extend that water main to Hill Avenue.
B. Fire hydrants shall be placed as required by the Fire
Department. At a minimum, there will be a fire hydrant
at the vicinity of Lot 14 and a blow off at Hill Avenue.
An air release valve will be required at the system high
points.
2. The standard conditions dealing with water construction and
connection fees would apply.
SEWER:
1. The preliminary plat does not show the sewer system design. If
the proposed sewer is extended to the north, the issue of
crossing the ravine in the northwest corner becomes important.
nrrli nanno TTn. 1F17 Attachment "A"
Planning Resolution 216-94 Page 3 of 5
Heron Ridge
2. The topography on the map does not correlate to that actual
topography measurements from sea level.
3. If the gravity system cannot be installed, the subdivision
will have to be served by a pump station.
More information would be needed to evaluate this requirement.
STREET:
1. 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. Luminaries need to be
installed at the two intersections with Melcher Avenue and one
in vicinity of Lot 14.
2. The Developer should provide the City with $300 to pay for the
following signs and posts:
Heron Loop 2 street signs
No Parking 4 signs
No Parking On Heron Loop 1 large sign
3. The driveway to Lots 9, 10 and Tract B will be a private road.
Hill Avenue is a private road and is not available for use,
unless the owners provide the subdivision an easement. The
City will not maintain this driveway and it does not maintain
Hill Avenue.
4. The City policy for a fee of $400 per house and land
dedication applies.
5. The Developer should construct a paved six foot shoulder along
the Melcher Street border from Pottery to Hill to provide
enhanced pedestrian/bicyclist access.
STORMWATER:
1. By having the stormwater easement straddle a property line,
there is the potential problem of property owners putting a
fence in the middle of the easement. The fence can damage the
pipe and will prevent the City from using the easement to get
to the pond. Although the easement states that a fence could
Ordinance No. 1617
Attachment "A"
Page 4 of 5
Planning Resolution 216-94 Ordinance No. 1617
Heron Ridge Attachment "A"
not be constructed, the owners may do so without the city's
knowledge.
2. The easement needs to be a minimum of 12 feet wide to allow
vehicle access to the pond.
3. The project construction needs to follow best management
practices as proposed by the department of Ecology to include
the use of filter fabric fencing, gravel pads at road
entrances and hydroseeding.
4. Any bioswale needs to be a minimum of 200 feet.
5. The hydroseeding and pond maintenance standards for Windfall
Place would apply.
BUILDING:
1. The City is having consistent problems with the small lots and
setbacks. Trying to build the house of choice on a lot which
cannot accommodate it can be very problematic. Lots 27, 28,
29, 30, 9, 10 and 11 have potential setback problems.
PARKS:
1 residential should imposed yllow the parks
department to constructarkrpground in this
neighborhood.
SURVEYING:
1. All lots will be surveyed and recorded.
2. Each lot should have survey markers installed.
FIRE:
1. Provisions for emergency vehicle turnaround shall be provided
for on dead end roads, wide areas, personal driveways with
wide approaches and/or cul-de-sac.
MISCELLANEOUS:
1. The Post Office may require combination boxes and not allow
individual mail boxes. Plans should be made accordingly.
2. A buffer or fence along Melcher Street would lessen the impact
of the subdivision and would lessen the street noise.
3. To reduce the impact to the school system, mitigation fees
will be paid at the time of building permit issuance, if
Planning Resolutiol 216-94 Page 5 of 5
Heron Ridge Ordinance No. 1617
Attachnent "A"
the City adopts a general implementing ordinance of the school
impact fees prior to that 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.
4. Kitsap Transit states that it does not currently have a routed
bus service for this site. Additionally, the spokesperson
commented that they support the accommodation of internal
pedestrian activity, (ie. sidewalks and street lights), to
facilitate resident access to rideshare and paratransit should
it become available in the future.
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 the at the Heron
Ridge 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 Heron
Ridge subdivision.
PASSED this 20th day of June 1994.
CITY OF PORT ORCHARD
PLANNING COMMISSION
O ohn Hokanson, Chairman
ordinance No. 1617
Attaclmient "B"
Legal Description of Subject Property - Heron Ridge
The West half of the South half of the Northwest quarter, Section
35, Township 24, North, Range 1 East , WM, in Kitsap County,
Washington.
Except the East 15 feet.
AND Except the following described property:
That portion of the Southwest quarter of the Northwest quarter of
the Northwest Section 35, Township 24, North Range 1 East WM, in
Kitsap County, Washington, described as follows:
Beginning at the West quarter corner of said Section 35; thence
along the West line of Section 35, North 0*46130" East 1321.86 feet
to the Southwest corner of said Southwest quarter of the Northwest
of the Northwest quarter; thence along the South line thereof South
88*58140" East 659.36 feet to the Southeast corner thereof; thence
along the East line thereof North 0*50152" East 30 feet; thence
along a line parallel with the South line thereof North 88*58140"
West 110.00 feet; thence North 0*50'52" West 200.00 feet to the
True Point of Beginning.
v
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 October 24, 1994.
ORDINANCE NO. 1617
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING PRELIMINARY PLAT OF HERON
RIDGE SUBDIVISION, AS SUBMITTED BY JERRY CLARK,
APPLICANT. PROPERTY LOCATED ALONG THE 200 BLOCK OF
MELCHER AVENUE. LEGAL DESCRIPTION AVAILABLE UPON
REQUEST.
Copies of Ordinance No. 1617 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.
1617 will be provided at a nominal charge.
City of Port Orchard
Michelle Hager
q Q
Deputy Clerk
Publish: Port Orchard Independent
November 2, 1994