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1576 - Ordinance - Prelim Plat of Windfall PlaceNOTICE 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 22, 1993. ORDINANCE NO. 1576 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING PRELIMINARY PLAT OF WINDFALL PLACE AS SUBMITTED BY JERRY L. CLARK, AGENT. PROPERTY LOCATED IN THE VICINIYT OF 1800 BLOCK OF POTTERY AVENUE. Copies of Ordinance No. 1576 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. 1576 will be provided at a nominal charge. City of Port Orchard �-�c �k &,Q-c —tom Michelle Hager Deputy Clerk Publish: Port Orchard Independent March 31, 1993 ORDINANCE NO. 1576 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING PRELIMINARY PLAT OF WINDFALL PLACE AS SUBMITTED BY JERRY L. CLARK, AGENT. PROPERTY LOCATED IN THE VICINITY OF THE 1800 BLOCK OF POTTERY AVENUE. WHEREAS, Jerry L. Clark, agent has submitted an application for preliminary plat to allow subdivision of approximately 14 acres of property located in the vicinity of the 1800 block of Pottery Avenue, 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. 195-93 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on March 8, 1993 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 Zoning. 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 Windfall Place allowing subdivision of approximately 14 acres into 45 lots located in the vicinity of 1800 block of Pottery Avenue to construct single family homes with the following conditions: (1) A scaled grading plan shall be submitted identifying existing and future grades. (2) Prior to any excavation or clearing, an erosion control plan will be submitted to the City. This plan shall be developed by a licensed engineer and be consistent with best management practices. The City staff will reference the Department of Ecology letter dated 11 January 1993 for evaluation of the plan. (3) 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. (4) The wetlands and buffer areas shall be flagged by a wetland specialist prior to any work on site. (5) No grading shall be done in the wetlands or buffer area except for the construction of the playground, bio-filtration swale and sanitary sewer connection. The trenches shall be hydroseeded at the conclusion of the pipe installation. Ordinance No. 1576 Page 2 of 3 (6) The final plat shall indicate the wetland and buffer area and list the land use restriction against construction in this area. These areas shall be deeded to a homeowners association. (7) One street tree, as determined by the planning department shall be installed within the front yard of each lot, at time of construction. (8) Lot 7 and the open space lying north of Lot 7 shall be developed as a park, with a minimum of a big toy with slide and swing. The Community Park as designated inthe souteast corner of proposed plat and lot 7/open space area shall be dedicated the the city for parks. (9) The lots will be restricted to single family homes. (10) The water main shall be a minimum of 8 inch Class 50 ductile iron and meet all City requirements. 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. (11) Hydrants will be located and approved by the Fire Department. (12) All water mains in the right of way will be deeded to the City. (13) Each lot shall have a sewer service line and property line clean out installed. The $50 inspection fee will be paid by the homeowner with the other connection fees. (14) All sewer mains in the right of way and easement will be deeded to the City. (15) The developer shall install street lights acceptable to Puget Power standards at three locations indicated by the City Engineer. These are anticipated to be at the Pottery Avenue entrances and at the road intersection. (16) All roads easements will be deeded to the City as public roads. (17) Areas five feet on each side of the right of way will be deeded to the City as utility easements. (18) During home construction, the contractor shall construct the required 4 foot wide concrete sidewalk. (19) Stormwater management shall conform to the best management practices and utilize the Santa Barbara Urban Hydrograph method. A license engineer will prepare the Stormwater management plan. (20) All lots will be surveyed and recorded. (21) No pedestrian trail/path be constructed in the wetland buffer. Ordinance No. 1576 Page 3 of 3 (22) In addition to the wetland buffer, there shall be a 25 foot no -build area on all lots abutting the wetland buffer except for the following exceptions: LOT NO BUILD WIDTH 21,22 15' 24,25 10' 26,27,28 20' 29,30 10' 31 20' 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 22nd day of March, 1993. `LESLIE J. WEATHERILL, MAYOR ATTEST: i Patricia Hower, City Clerk APPROVED AS TO FORM: SPONSORED BY: City Attorney Councilwoman Powers CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 195-93 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION OF 14 ACRES OF PROPERTY LOCATED AT THE VICINITY OF 1800 BLOCK OF POTTERY AVENUE, AS REQUESTED BY JERRY CLARK. LEGAL DESCRIPTION: Exhibit A' WHEREAS, the applicant has requested to subdivide 14 acres of land into forty five lots for single family homes, and WHEREAS, a public hearing was held on Tuesday, 16 February 1993, 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 Declaration of Nonsignificance which implements school impact fees when the City adopts the required ordinance, sets the wetland buffer at a minimum of 50 feet and specifies the design method for the treatment of the stormwater runoff; WHEREAS, the proposed use of the property and housing density is in harmony with the provisions of the comprehensive plan, and WHEREAS, all on -site environmental and off -site impacts have been mitigated, and WHEREAS, the following findings of fact exist relative 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 sanitary sewer system. Roads will include pedestrian sidewalks. The existing wetlands will have a buffer and No -Build area of 60 to 75 feet. Water quality issues are given high priority. Finding: Property subdivisions shall make adequate provision for open -space, parks and playgrounds. Fact: A pocket playground will be constructed. Finding: Residential subdivisions shall make appropriate provisions for schools and playgrounds. Resolution 195-93 2 Windfall Place Subdivision Fact: The project will pay school impact fees when and if the City established the required ordinance. Finding: Property subdivisions shall make adequate provisions for streets, drainage ways, sanitary wastes, and water supplies. Fact: Improved roadways will serve all proposed lots. Stormwater will be conveyed to detention ponds and wetlands using best management practices. Water and sewer service is provided by the City of Port Orchard. WHEREAS, approval is based upon the following conditions: GENERAL: 1. A scaled grading plan shall be submitted identifying existing and future grades. 2. Prior to any excavation or clearing, an erosion control plan will be submitted to the City. This plan shall be developed by a licensed engineer and be consistent with best management practices. The City staff will reference the Department of Ecology letter dated 11 January 1993 for evaluation of the plan. 3. 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. 4. The wetlands and buffer areas shall be flagged by a wetland specialist prior to any work on site. 5. No grading shall be done in the wetlands or buffer area except for the construction of the path, playground, bio- filtration swale and sanitary sewer connection. The trenches shall be hydroseeded at the conclusion of the pipe installation. 6. The final plat shall indicate the wetland and buffer area and list the land use restriction against construction in this area. These areas shall be deeded to a homeowners association. 7. One street tree, as detemined by the planning department shall be installed within the front yard of each lot, at time of construction. Resolution 195-93 3 Windfall Place Subdivision - 8. The playground shall consist of a minimum of a big toy slide and swing. 9. The lots will be restricted to single family homes. WATER: 10. The water main shall be a minimum of 8 inch Class 50 ductile iron and meet all City requirements. 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. 11. Hydrants will be located and approved by the Fire Department. 12. All water mains in the right of way will be deeded to the City. SEWER: 13. 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. 14. All sewer mains in the right of way and easement will be deeded to the City. 1�3:VOT-11 15. The developer shall install street lights acceptable to Puget Power standards at three locations indicated by the City Engineer. These are anticipated to be at the Pottery Avenue entrances and at the road intersection. 16. All roads easements will be deeded to the City as public roads. 17. Areas five feet on each side of the right of way will be deeded to the City as utility easements. 18. During home construction, the contractor shall construct the required 4 foot wide concrete sidewalk. Resolution 195-93 Windfall Place Subdivision STORMWATER: n 19. Stormwater management shall conform to the best management practices and utilize the Santa Barbara Urban Hydrograph method. A license engineer will prepare the stormwater management plan. SURVEYING: 20. All lots will be surveyed and recorded. WETLAND BUFFERS: 21. In addition to the wetland buffer, there shall be a 25 foot no -build area on all lots abutting the wetland buffer except for the following exceptions: LOT NO BUILD WIDTH 21,22 is, 24,25 10, 26,27,28 20' 29,30 10, 31 20' 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 Windfall Place Subdivision is in harmony with the general purposes of the zoning ordinance and surrounding comprehensive plan designations. Resolution 195-93 Windfall Place Subdivision 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 Windfall Place Subdivision. PASSED this 16th day of February 1993. ATTEST: Patricia Hower, City Clerk 61 CITY OF PORT ORCHARD PLANNING COMMI%S�SION Joh Hokanson, Chairman DESCRIPTION WINDFALL PLACE; PARCEI, (A) 352401-3-008-2002: Portion of the Southwest quarter of the Southwest quarter, Sec- tion 35, Township 24 North, Range 1 East, W.}l., in Kitsap County, Washington, described as follows: BEGINNING at the Southwest corner of said Southwest quarter of the Southwest quarter; thence North 510 feet; thence East 660 feet; thence.South 510 feet; thence West 600 feet to BEGINNING; EXCEPT that portion conveyed to C.A.Hanks by deed recorded under Auditor's File No. 347706, described as follows: BEGINNING 825 feet South of the Northwest corner of said South- west quarter of the Southwest quarter; thence South 208 feet; thence East 209 feet; thence North 208 feet, thence West 209 feet to BEGINNING; ALSO EXCEPT any portion thereof lying North of a line drawn 825 feet South of and parallel with the North line of said Southwest quarter of the Southwest quarter; ALSO EXCEPT the West 30 feet thereof conveyed to Kitsap County for road by deed recorded under Auditor's File No. 297422. PARCEL (B) 352401-3-009-2001: Portion of the Southwest quarter of the Southwest quarter, Sec- tion 35, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: BEGINNING 600 feet East of the Southwest corner of said South- west quarter of the Southwest quarter; thence North 510 feet; thence West 175 feet, thence North 526 feet; thence East 248.5 feet; thence South 465 feet; thence East 220 feet; thence South 589.19 feet; thence West to POINT OF BEGINNING. SITUATE in Kitsap County, State of Washington. [SURVEYOR'S NOTE: This legal description (per AFN 6603140160 as presented by client) may contain unresolved issues which are the subject of ongoing research. ]