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1561 - Ordinance - Approval Prelim Plat of Pottery HeightsF 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 September 14, 1992. ORDINANCE NO. 1561 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING PRELIMINARY PLAT OF POTTERY HEIGHTS AS SUBMITTED BY CHUCK CHILDRESS, AGENT. PROPERTY LOCATED IN THE VICINITY OF LIPPERT DRIVE AND HIGHWAY 16. Copies of Ordinance No. 1561 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. 1561 will be provided at a nominal charge. City of Port Orchard Mi` hel le HagV Deputy Clerk Publish: Port Orchard Independent September 30, 1992 ORDINANCE NO. 1561 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING PRELIMINARY PLAT OF POTTERY HEIGHTS AS SUBMITTED BY CHUCK CHILDRESS, AGENT. PROPERTY LOCATED IN THE VICINITY OF LIPPERT DRIVE AND HIGHWAY 16. WHEREAS, Chuck Childress, agent has submitted an application for preliminary plat to allow subdivision of approximately 17 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. 188-92 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on August 24, 1992 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 allowing subdivision of approximately 17 acres into 61 lots located in the vicinity of Lippert Drive and Highway 16 to construct single family homes with the following conditions: 1) A scaled grading plan shall be submitted identifying existing and future grades. 2) A hydraulics report shall be prepared, identifying off site drainage impacts and proposed mitigation measures. 3) A plan describing temporary stormwater controls shall be submitted and approved prior to any grading. 4) The wetland shall be delineated and flagged. Additional flagging shall be placed 50 feet from the wetland edge. 5) No grading shall occur within 50 feet of the wetland. Ordinance No. 1561 Page Two of Four 6) The final plat map shall identify a 50 foot nonclearing tract around the wetland. 7) One street tree, as determined by the Planning Department, shall be installed within the front yard of each lot. 8) A common play/picnic area shall be provided. Amenities such as a big toy, bar-b-cue shelter, etc., shall be clearly identified. 9) A landscape plan shall be submitted for the common area. 10) In addition to the 50 foot wetland buffers, there will be a 25 foot no -build area around the buffer to prohibit impervious surfaces; 15' natural vegetation buffer on the west side of lots 33-37; 10' natural vegetation buffer around the west side of lots 40-43 and a 10' natural vegetation buffer on the east side of lots 1-11, as identified on the Preliminary Plat plan. 11) Property owners of lots abutting the wetlands will be provided educational information on wetlands. 12) The wetland buffer area will be established with common ownership within the subdivision. 13) Before lots 13 to 24, inclusive, can be developed, the wetlands buffer and No - Build area will be delineated with a color fabric fence barrier during construction. 14) The water main system shall be a minimum of 8 inch Class 52 ductile iron main and all appurtenances shall comply with City standards. The developer shall install all water meter assemblies, less the actual meter. Meters will be installed at the time of the payment of connection fees. The $50 inspection fee for each meter assembly will be paid by the homeowner with the other connection fees. 15) Hydrants need to be located and approved by the Fire Department. 16) All water mains in the right-of-way, to include the entrance road, will be deeded to the City. 17) The water main system shall have a main installed to allow a loop with the property to the north. The details shall be approved by the City Engineer. 18) The sewer pump station shall serve the subdivision. The station shall be approved by the City Engineer and shall be equipped with a proper sized emergency generator. 19) Each lot shall have a sewer service line and property line clean -out installed. The $50 inspection fee for each lot will be paid by the homeowner with the other connection fees. 20) All sewer mains in the right of way, to include the entrance road, will be deeded to the City. Ordinance No. 1561 Page Three of Four 21) The proposed road system will comply with the City standards. 22) Street illumination shall be located at the following vicinities: a) Southwest corner of Lot 1; b) Northwest corner of Lot 23; and c). Northeast corner of Lot 38. 23) All roads, to include the entrance road, should be deeded to the City as a public road and conform to City standards for both road and sidewalks. 24) The project will construct a City standard sidewalk and curb on the entrance road which extends to Pottery Avenue. 25) Storm water detention shall conform to the requirements currently used by the Department of Fisheries for detention volumes and best management practices. 26) Sediment control and best management practices will be used during the site construction, as directed by the City Engineer. 27) Excavated sloped areas will be hydroseeded prior to October 31 for areas which have been cleared of vegetation and on which construction has not commenced. 28) All lots will be surveyed and recorded. 29) The intersection of Pottery Avenue and Lippert Street will be monumented and that monument will be recorded in Kitsap County. 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-sac. LEGAL DESCRIPTION: ATTACHMENT "B" Ordinance No. 1561 Page Four of Four 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 14th day of September, 1992. LESLI J. WEATHERILL, MAYOR ATTEST: '4UA 4 qw, Michelle Hager, Deputy lark APPROVED AS TO FORM: City Attorney SPONSORED BY: Councilwoman Powers ORDINANCE No. 1561 Attachment "A" CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 188-92 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION OF 17 ACRES OF PROPERTY LOCATED AT THE VICINITY OF LIPPERT STREET AND STATE ROAD 16, AS REQUESTED BY CHUCK CHILDRESS. LEGAL DESCRIPTION: Exhibit A WHEREAS, the applicant has requested to subdivide 17 acres of land into sixty five lots for single family and duplex units, and WHEREAS, a public hearing was held on Monday, 3 August 1992, 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, 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, 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 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, or funds will be donated to the City for park improvements. Finding: Residential subdivisions shall make appropriate provisions for schools and playgrounds. Ordinance No. 1561 .ttachment "A" Planning Resolution 188-92 Page 2 of 5 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: iuvana me-F 1. A scaled grading plan shall be submitted identifying existing and future grades. 2. A hydraulics report shall be prepared, identifying off site drainage impacts and proposed mitigation measures. 3. A plan describing temporary stormwater controls shall be submitted and approved prior to any grading. 4. The wetland shall be delineated and flagged. Additional flagging shall be placed 50 feet from the wetland edge. 5. No grading shall occur within 5o feet of the wetland. 6. The final plat map shall identify a 50 foot nonclearing tract around the wetland. 8. One street tree, as determined by the planning department, shall be installed within the front yard of each lot. 9. A common play/picnic area shall be provided. Amenities such as a big toy, bar-b-cue shelter, etc., shall be clearly identified. 10. A landscape plan shall be submitted for the common area. 11. In addition to the 50 foot wetland buffers, there will be a 25 foot No -Build area around the buffer to prohibit clearing and impervious surfaces. 12. Property owners of lots abutting the wetlands will be provided educational information on wetlands. Ordinance No. 1561 Attachment "A" Planning Resolution 188-92 Page 3 of 5 13. The buffer and No -Build areas will be established with common ownership within the subdivision. 14. Before lots 13 to 24, inclusive, can be developed, the wetlands buffer and No -Build area will be delineated with a color fabric fence barrier during construction. KI V YP11E 1. The water main system shall be a minimum of 8 inch Class 52 Ductile Iron main and all appurtenances shall comply with the City standards. The developer shall install all water meter assemblies, less the actual meter. Meters will be installed at the time of the payment of connection fees. The $50 inspection fee for each meter assembly will be paid by the homeowner with the other connection fees. 2. Hydrants need to be located and approved by the Fire Department. 3. All water mains in the right-of-way, to include the entrance road, will be deeded to the city. 4. The water main system shall have a main installed to allow a loop with the property to the north. This details shall be approved by the City Engineer. SEWER: 1. The sewer pump station shall serve the subdivision. The station shall be approved by the City Engineer and shall be equipped with a properly sized emergency generator. 2. Each lot shall have the service line and property line clean -out installed. The $50 inspection fee for each lot will be paid by the homeowner with the other connection fees. 3. All sewer mains in the right of way, to include the entrance road, will be deeded to the City. ROADS: 1. The proposed road system does not comply with the City standards. The Street Committee of the City Council has reviewed and agreed upon the concept of one way street and streets with less right of way. Council approval of the Preliminary Plat should not be made until the new road standards have been adopted by the City Council. Ordinance No. 1561 .ttachment "A" Planning Resolution 188-92 Page 4 of 5 2. Street illumination shall be located at the following vicinities: a. Southwest corner of Lot 1 b. Northwest corner of Lot 23 C. Northeast corner of Lot 38 3. All roads, to include the entrance road, should be deeded to the City as a public road and conform to City standards for both road and sidewalks. 4. The project will construct a City standard sidewalk and curb on the entrance road which extends to Pottery Avenue. STORMWATER: 1. Stormwater detention shall conform to the requirements currently be used by the Department of Fisheries for detention volumes and best management practices. EXCAVATION: 1. Sediment control and best management practices will be used during the site construction, as directed by the City Engineer. 2. Excavated sloped areas will be hydroseeded prior to October 31 for areas which have been cleared of vegetation and on which construction has not commenced. anammocrev FIRE: 1. All lots will be surveyed and recorded. 2. The intersection of Pottery Avenue and Lippert Street will be monumented and that monument will be recorded in Kitsap County. 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. Ordinance No. 1561 ttachment "A" Planning Resolution 188-92 Page 5 of 5 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 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 Pottery Heights Subdivision. PASSED this 3rd day of August 1992. CITY OF PORT ORCHARD PLANNING COMMISSION LS o'oa ww Jo n Hokanson, Chairman ATTEST: Patricia Hower, City Clerk 'ity Council Ordinance No. 561 ATTACHMENT "B" Planning Commission Resolution No. 188-92 EXHIBIT "A" CHUCK CHILDRESS LEGAL DESCRIPTION That part of the North 18 Acres of the Northeast quarter of the Northeast quarter of Section 3, and that part of the Northwest quarter of the Northeast quarter of Section 3 lying East of State Route 16, in Township 23 North, Range 1 East, W.M. , in Kitsap County, Washington, described as follows. Beginning at the Northeast corner of said Section 3; thence along the East line of said Section 3, S 3013'07" W 571.15 ft.; thence N 88'01'58" W 30.01 ft. to a point on the westerly margin of Pottery Hill Road; thence along said margin N 3113'07" E 40.01 ft.; thence N 88001'58" W 335.10 ft. to Point "A"; thence N 3013'07" E 50.00 ft.; thence N 88001'58" W 49.99 ft.; thence N 3013'07" E 120.00 ft.; thence N 18045'25" W 53.45 ft.; thence N 3013'07" E 309.16 ft. to a point on the North line of said Section 3; thence along said North line N 88017'37" W 470.08 ft. to the TRUE POINT OF BEGINNING; thence S 0000'00" W 567.23 ft.; thence N 88001'58" W 394.01 ft., more or less, to a point on curve having radius of 5429.58 ft. on the Easterly right-of-way margin of State Route 16 from which point the radius point of said curve bears N 67005'50" E; thence along said margin clockwise (northwesterly) along said curve an arc distance of 236.33 ft. through a central angle of 2029'38"; thence continuing along said margin S 69035'28" W 100.00 ft. to a point on a curve having a radius of 5529.58 ft. from which point the radius point of said curve bears N 69035'28" E; thence continuing along said margin clockwise (northwesterly) along said curve an arc distance of 410.73 ft. through a central angle of 4°15'21" to a point on the North line of said Section 3; thence along said North line S 88017'37" E 296.65 ft. to the Northeast corner of the Northwest quarter of the Northeast quarter of said Section 3; thence continuing S 88°17'37" E 407.18 ft. to the true point of beginning. TOGETHERWITH an easement for ingress, egress and the installation and maintenance of utility lines over, under and across the following described parcel of land: Beginning at Point "A" hereinabove defined; thence S 88'01'58" E 335.10 ft. to a point on the westerly margin of Pottery Hill Road; thence along said margin S 3013'07" W 40.01 ft.; thence N 88001'58" W 843.27 ft.; thence N 0000'00" E 65.04 ft.; thence S 88'01'58" E 100.00 ft.; thence S 67°06'31" E 70.00 ft. thence S 88001'58" E 345.89 ft. to point "A". The above described tract comprises an area of 7.42 Acres. Together with, approximately the West 1\2 of the following described parcel. Lots B, C and D of Short Plat No. 5-1045 recorded under Auditor's File No. 8602240110; CONTINUED: City Council Ordinance No. 1561 ATTACHMENT "B" Planning Commission Resolution No. 188-92 EXHIBIT "A" ALSO 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 0023' East 331 feet from the Southeast corner of said Section; thence North 8910' West 1290 feet; thence North 0023' East 331 feet; thence South 8900' East 1290 feet; thence South 0023' East 331 feet to Point of Beginning; EXCEPT the West 2 acres thereof; AND EXCEPT portions lying within Short Plat No. 5-1045 recorded under Auditor's File No. 8602240110; ALSO That portion of the Southeast quarter of the Southeast quarter, Section 34, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at a point which is 30 feet West from the Southeast corner of said Section 34; thence North 89000, West 1290.0 feet; thence North 0023' East 331.0 feet; thence South 89000' East 1290.00 feet; thence South 0023' West 331.0 feet to the Point of Beginning; EXCEPT portions lying within Short Plat No. 5-1045 recorded under Auditor's File No. 8602240110; Situate in Kitsap County, Washington.