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1580 - Ordinance - Prelim. Plat of Pottery HeightsV 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 24, 1993. ORDINANCE NO. 1580 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING PRELIMINARY PLAT OF POTTERY HEIGHTS, ADDITION NO. 1, AS SUBMITTED BY CHUCK CHILDRESS, OWNER. PROPERTY LOCATED IN THE VICINITY OF LIPPERT DRIVE AND HIGHWAY 16, ADJACENT TO POTTERY HEIGHTS SUBDIVISION. Copies of Ordinance No. 1580 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. 1580 will be provided at a nominal charge. City of Port Orchard Michelle Hager Deputy Clerk Publish: Port Orchard Independent June 2, 1993 h 1_`1_BY. PORT P_'H irrtn .. . .� MAY 27- 1991 " 19 PM EEL 721- FR 53-15 ORDINANCE NO. 1580 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING PRELIMINARY PLAT OF POTTERY HEIGHTS, ADDITION NO. 1, AS SUBMITTED BY CHUCK CHILDRESS. PROPERTY LOCATED IN THE VICINITY OF LIPPERT DRIVE AND HIGHWAY 16, ADJACENT TO POTTERY HEIGHTS SUBDIVISION. WHEREAS, Chuck Childress, owner of record, has submitted an application for preliminary plat to allow subdivision of approximately two acres of property located in the vicinity of Lippert Drive and Highway 16, 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. 199-93 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on May 10, 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 Pottery Heights, Addition No. 1, allowing subdivision of approximately two acres into six lots located in the vicinity of Lippert Drive and Highway 16, to construct single family homes with the following 15 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. Ordinance No. 1580 Page 2 of 3 3. All areas that have been disturbed during construction, but not constructed upon by October 1 of that year shall be hydroseeded to minimize sediment erosion. 4. One street tree, as determined by the planning department shall be installed within the front yard of each lot, at time of construction. The tree shall have a caliber of 2 1/2 inches. 5. The lots 1 through 5, inclusive, shall be restricted to single family homes. 6. If Lot #6 is developed to anything other than a single family home, no permit for Lot #6 can be issued until the Planning Commission reviews the development in a public hearing and approves it. If the Planning Commission deems it necessary, it can require additional land use conditions on Lot #6. 7. The final plat for Pottery Heights Addition 1 will be approved either after or concurrent with the final plat of the Pottery Heights Subdivision. 8. 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 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. 9. Hydrants will be located and approved by the Fire Department. 10. All water mains in the right of way will be deeded to the City. 11. Each lot shall have an individual sewer pump system which connects the home to the municipal system. The $50 inspection fee will be paid by the homeowner with the other connection fees. 12. All sewer mains in the right of way will be deeded to the City. 13. Areas five feet on each side of the right of way will be deeded to the City as utility easements. Ordinance No. 1580 Page 3 of 3 14. The contractor shall construct the required 4 foot wide concrete sidewalk on the east side of the street. 15. 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. LEGAL DESCRIPTION: The west 2 acres of the following described property: That portion of the southeast quarter of the southeast quarter of Section 34, Township 24 north, Range 1 East, W.M., described as follows: Beginning at a point 30 feet west and north 0*23' est 331 feet from the southeast corner of said section; thence north 89*0' west 1290 feet; thence north 0*23' east 331 feet; thence south 89*0' east 1290 feet; thence south 0*23' east 331 feet to point of beginning, situate in City of Port Orchard, Kitsap County, Washington. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in auther�fication of such passage this loth day of May, 1993. l/ ATTEST: Patricia Hower, City Clerk APPROVED AS TO FORM: City Attorney WEATHERILL. MAYOR SPONSORED BY: Councilwoman Powers Ordinance No. 1580 ATTACHMENT "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 199-93 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION OF 2 ACRES OF PROPERTY LOCATED AT THE VICINITY OF POTTERY HEIGHTS SUBDIVISION, AS REQUESTED BY CHUCK CHILDRESS LEGAL DESCRIPTION: Exhibit A z -- - WHEREAS, the applicant has requested to subdivide 2 acres of land into six lots, and WHEREAS, a public hearing was held on Monday, 19 April 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, restricts the development of Lot #6 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. Water quality issues are given high priority. Finding: Property subdivisions shall make adequate provision for open -space, parks and playgrounds. Fact: The lots will participate in the open space and park requirements of the Pottery Heights Subdivision. Finding: Residential subdivisions shall make appropriate provisions for schools and playgrounds. i^-dinance No. 1580 , iACHMENT "A" Planning Resolution #199-93 Page 2 of 4 Pottery Heights Addition #1 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: 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. 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. One street tree, as determined by the planning department shall be installed within the front yard of each lot, at time of construction. The tree shall have a caliber of 2 1/2 inches. 5. The lots 1 through 5, inclusive, shall be restricted to single family homes. 6. If Lot #6 is developed to anything other than a single family home, no permit for Lot #6 can be issued until the Planning Commission reviews the development in a public hearing and approves it. If the Planning Commission deems it necessary, it can require additional land use conditions on Lot #6. 7. The final plat for Pottery Heights Addition 1 will be approved either after or concurrent with the final plat of the Pottery Heights subdivision. finance No. 1580 ATTACHMENT "A" Planning Resolution #199-93 Page 3 of 4 Pottery Heights Addition #1 WATER: S. 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 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. 9. Hydrants will be located and approved by the Fire Department. 10. All water mains in the right of way will be deeded to the City• SEWER: 11. Each lot shall have an individual sewer pump system which connects the home to the municipal system. The $50 inspection fee will be paid by the homeowner with the other connection fees. 12. All sewer mains in the right of way will be deeded to the City. ROADS: 13. Areas five feet on each side of the right of way will be deeded to the City as utility easements. 14. The contractor shall construct the required 4 foot wide concrete sidewalk on the east side of the street. STORMWATER: 15. 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. 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 Pottery Heights Addition 1 Subdivision is in harmony with the general purposes of the zoning ordinance and surrounding comprehensive plan designations. liiance No. 1580 :ACHMENT "A" Planning Resolution #199-93 Page 4 of 4 Pottery Heights Addition #1 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 Pottery Heights Addition 1 Subdivision. PASSED this 19th day of April 1993. CITY OF PORT ORCHARD PLANNING /COMMISSION ` Jo Hokanson, Chairman Bernard B. Angel Secretary r= 4