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HomeMy WebLinkAbout1537 - Ordinance - Rezoning Property - NW Intersection of Pottery and MelcherAmended by Ordinance Section(s) Amended Date: A - ) 2 -0-�-- ORDINANCE NO. 1537 37 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON AMENDING PORT ORCHARD ZONING ORDINANCE NO. 1469; BY AMENDING THE AREA AND USE MAPS THEREOF, RECLASSIFYING CERTAIN PROPERTY (Tyee Sinclair Partnership, owners of record) LOCATED AT THE NORTHWEST INTERSECTION OF POTTERY AVENUE AND MELCHER STREET. WHEREAS, Tyee Sinclair Partnership, owners of record, has petitioned a zoning ordinance amendment, requesting reclassification of property located at the northwest intersection of Pottery Avenue and Melcher Street. 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. 175-91 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on December 23, 1991 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 granting this zone reclassification 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 adopt Findings of Facts as their own and does hereby reclassify certain property from Residential Low to Residential High to construct single family homes, with the following conditions: 1) A ten foot (10') "Native Growth Protection Easement" shall be established along the rear lot lines of adjacent properties. This area shall be supplemented with natural vegetation to include native trees and shrubs. 2) A landscape plan shall be submitted identifying size, type of materials, and location within wetland enhancement areas. All landscape areas around the site entrance, if any, shall be maintained by an automatic sprinkler system. One street tree shall be planted adjacent to the street right-of-way on each lot of record (canopy type). 3) Common area landscaping found dead or diseased within one year after planting Ordinance No. 1537 Page Two of Three shall be replaced at the developers expense. 4) Approved fencing shall be installed around the perimeter of any detention pond or wetland with an average slope of 3:1 or more. Split rail fencing shall be used next to wetlands that are adjacent to trail easements or open -space frequented by the public. 5) The grassy play area next to Wetland "D" shall be planted and maintained with native plant species. 6) Identify mitigation measures within wetland "D". 7) Prior to issuance of any permits for site work, an erosion and sediment control plan shall be submitted to the City Engineer for approval. In addition, a stormwater management plan shall be submitted to verify the adequacy of existing stormwater facilities. Hay bales and filter fabric shall be used throughout all phases of construction. 8) All homeowners shall receive educational material regarding the importance of wetlands and spawning streams, their various functions and continued maintenance. 9) No clearing and grading shall be initiated until an erosion and sediment control and vegetation plan has been submitted to the Engineering and Planning Department. Landscaping plans shall identify the limits of areas to be graded or cleared. No grading or clearing is allowed within 25 feet of all wetlands. 10) One sign may be located at the main entrance and shall not exceed 32 square feet in size. Such sign shall be indirectly lighted and consist of natural materials. 11) No portion of any building (including accessory structures) shall be closer than 50 feet from any identified wetland. 12) Mature trees to remain after grading shall be clearly marked on the final plat map. 13) Native growth protection easements shall be clearly marked in BOLD letters on the final plat map. 14) All designated common open -space including cul-de-sac landscape islands shall be identified as tracts. 15) CC&R's shall be rewritten to address previously mentioned concerns. 16) Lot fifteen shall be increased in size to a minimum of 5000 square feet. 17) No grading or land clearing shall occur within an average of 700 feet of identified Heron nesting sites until they are reexamined by a certified wildlife biologist in Spring of 1992. If Heron nests are reoccupied, a minimum nonclearing buffer averaging no less than 300 feet shall be maintained around such reoccupied nests. 18) Street lighting shall be Puget Power approved fixtures with high pressure sodium luminaries. Street lights shall be placed at intersections and cul-de-sacs as approved by the City Engineer. It is noted that the street lights in the City shall become an operational expense of the City. 19) Concrete sidewalks shall be a minimum of five feet wide and shall extend throughout the development on at least one side of the road. 20) All streets shall meet City standards for an access road. 21) The developer shall provide the necessary street signs as required by the City Engineer. 22) The developer shall improve the intersection of Sherman Avenue and Melcher Street by excavating Melcher Street to improve sight distance. 23) No road grade shall exceed twelve percent (12%) without expressed approval from the City Engineer. 24) The Ordinance No. 1537 Page Three of Three developer shall install the water system according to City standards. Placement and selection of fire hydrants shall be approved by the Port Orchard Fire Chief. 25) The water system shall be deeded to the City. All utility easements shall be a minimum width of 20 feet. 26) The developer shall install the sewer system according to City standards. 27) The sewer system shall be deeded to the City. All utility easements required for the sewer shall be a minimum width of 20 feet. 28) The developer shall install the stormwater system according to Kitsap County standards. LEGAL DESCRIPTION: The south half of the Southeast quarter of the northwest quarter of Section 34, Township 24, North, Range 1 East, W.M., Kitsap County, Washington, Except the south 30 feet thereof conveyed to Kitsap County by deed recorded under Auditor File No. 924259. 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 13th day of January, 41992,,,) 4✓04 ATTEST: ESLIE J. WEATHERILL, MAYOR ricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored by: Councilman Clauson ATTACHMENT "A" Ordinance No. 1537 CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 175-91 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A LAND USE RECLASSIFICATION FROM RESIDENTIAL LOW TO RESIDENTIAL HIGH FOR PROPERTY LOCATED AT THE NORTHWEST INTERSECTION OF POTTERY AVENUE AND MELCHER STREET, AS REQUESTED BY TYEE SINCLAIR PARTNERSHIP. LEGAL DESCRIPTION: The south half of the Southeast quarter of the Northwest quarter of Section 34, Township 24, North, Range 1 East, W.M., Kitsap County, Washington, Except the South 30 feet thereof conveyed to Kitsap County by deed recorded under Auditors file No. 924259. WHEREAS, the applicant requested a land use reclassification from Residential Low to Residential High for purposes of constructing twenty single family homes, and WHEREAS, a public hearing was held on Monday, 18 November, 1991, 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, and 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, approval is based upon the following conditions: 1. A ten foot (101) "Native Growth Protection Easement" shall be established along the rear lot lines of adjacent properties. This area shall be supplemented with natural vegetation .to include native trees and shrubs. 2. A landscape plan shall be submitted identifying size, type of materials, and location within wetland enhancement areas. All landscape areas around the site entrance, if any, shall be maintained by an automatic sprinkler system. One.street tree shall be planted adjacent to the street right-of-way on each lot of record (canopy type). 3. Common area landscaping found dead or diseased within one year after planting shall be replaced at the developers expense. ATTACHMENT "A" Ordinance No. 1537 700 feet of identified Heron nesting sites until they are reexamined by a certified wildlife biologist in Spring of 1992. If Heron nests are reoccupied, a minimum nonclearing buffer averaging no less than 300 feet shall be maintained around such reoccupied nests. ENGINEERING: 18. Street lighting shall be Puget Power approved fixtures with high pressure sodium luminaries. Street lights shall be placed at intersections and cul-de-sacs as approved by the City Engineer. It is noted that the street lights in the City shall become an operational expense of the City. 19. Concrete sidewalks shall be a minimum of five feet wide and shall extend throughout the development on at least one side of the road. A path constructed of pervious materials may be substituted with City Council permission. 20. All streets shall meet City standards for an access road. 21. The developer shall provide the necessary street signs as required by the City Engineer. 22. The developer shall improve the intersection of Sherman Avenue and Melcher Street by excavating Melcher Street to improve sight distance. 23. No road grade shall exceed twelve percent (12%) without expressed approval from the City. WATER: 24. The developer shall install the water system according to City standards. Placement and selection of fire hydrants shall be approved by the Port Orchard Fire Chief. 25. The water system shall be deeded to the City. All utility easements shall be a minimum width of 20 feet. SEWER: 26. The developer shall install the sewer system according to City standards. 27. The sewer system shall be deeded to the City. All utility easements required for the sewer shall be a minimum width of 20 feet. STORMWATER: 28. The developer shall install the stormwater system according to Kitsap County standards.