016-05 - Resolution - Approving the Gazebo Preliminary PlatRESOLUTION NO. 016-05
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING WITH CONDITIONS THE GAZEBO PRELIMINARY
PLAT
WHEREAS, the property owner has filed an application with the City (City file Subdiv
04-02) to subdivide the real property legally described in Exhibit A, said property being
identified as Kitsap County Assessor Tax Parcels number 022301-2-021-2007, 022301-2-033-
2003, and 022301-2-036-2000, and referred to herein as the Subject Property; and
WHEREAS, the application was processed as described in the Resolution of the Port
Orchard Planning Commission attached hereto as Exhibit B; and
WHEREAS, on June 13, 2005 the City Council held a public hearing on the application,
said hearing being continued to June 27, 2005 for further public testimony; and
WHEREAS, being fully advised, the Council finds and concludes as follows:
Findings and Conclusions
1. The Findings and Conclusions set forth in Exhibit B are hereby adopted as the
Council's findings and conclusions, except as modified herein. The provisions set forth in this
resolution shall control over any inconsistent provision set forth in Exhibit B.
2. Exhibit B, Finding 6 is modified as follows:
The applicant has proposed to allow the existing gazebo to remain on Lot 2. The
proposed dimension of Lot 2 would make the gazebo non -conforming to the
zoning code. The dimensions of Lot 2 shall be changed so that the gazebo meets
the zoning code set back requirements or it shall be removed prior to final plat
approval.
3. Exhibit B, Finding 20 is modified to read as follows:
The applicant, in lieu of providing any on -site park facilities, has voluntarily
agreed to pay $3,000 to the City for use in developing, improving or expanding
parks in the general neighborhood. Given the small size of the Subject Property,
greater public benefit would be provided by improving existing larger parks, than
requiring a small on -site park.
4. The Council further finds that the applicant's proposed on site road improvements
may damage the root structure of Significant Trees located off site. The risk to said trees may
be significantly reduced if the sidewalk requirement along the north side of the Subject
Property, from lot 9 to the westerly corner of lot 10, were replaced with a vegetative buffer.
Resolution No. 016-05
Page 2 of 3
5. The applicant volunteered to donate tract A to the City for right of way, which could
be used as additional vegetative buffer. The Council finds that said contribution would provide
public benefit.
6. The applicant volunteered to build to City standards a twenty-five (25) foot turning
radius on the north corner of the subject property's entrance on to South Flower Avenue, if the
abutting property owner would provide the necessary right of way. The Council finds that the
current proposal meets City standards, but a twenty-five (25) foot turning radius would be a
preferred alternative.
7. The applicant volunteered either to build the required Goldenrod Street
Improvements, agree to financially participate in a comprehensive road improvement project at
a later date, or to pay to the City, in lieu of such requirements, the estimated cost of
constructing the improvements.
8. The hours of work identified in the SEPA documents do not meet the City
requirements. Restricting work hours to meet the City noise code will protect the public health
and welfare.
9. Condition 34 regarding a solid board fence along the southern Subject Property
line was added due to public testimony before the Planning Commission. The parties who
requested the solid board fence testified at the public hearing before the City Council that the
solid board fence was not a good idea, because their research had found that fences installed
by the developer were generally not as well maintained as fences subsequently installed by the
new owners of each individual lot.
NOW, WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The preliminary plat application is hereby approved, subject to the
conditions set forth in Exhibit B, except as modified herein. The conditions of approval set forth
in this resolution shall control over any inconsistent provision set forth in Exhibit B.
Section 2. Exhibit B, Condition 29 is hereby modified to read as follows:
Prior to final plat approval, the applicant shall record an agreement approved by
the City Attorney, against lots two through 11, that requires the lot owners to
financially participate in the cost of improving Goldenrod Street at a later time,
either by direct contribution, or by agreeing to participate in the formation of a
local improvement district if the City, in its discretion, chooses to form such a
district. The amount of contribution shall be the lot owners pro rata share of the
costs, based upon 68.2 feet of frontage on Goldenrod Street.
Section 3. Exhibit B, Condition 26 is hereby modified to read as follows:
The applicant shall pay to the City $3,000, prior to final plat approval, in lieu of
building on site park facilities.
Resolution No. 016-05
Page 3 of 3
Section 4. Exhibit B, Condition 36 is hereby modified to read as follows:
Hours of Construction shall be limited to those set forth in the applicable City
Code in effect at the time construction commences.
Section S. Tract A shall be conveyed to the City to be included as additional right of
way.
Section 6. The applicant shall install up to 3 light standards, twenty feet high, with 250
watt metal hydride lighting, including all necessary wiring, equipment and fixtures, to be placed
in such location as the City Engineer determines best serves the public interest.
Section 7. The applicant shall provide an arborist report regarding whether or not the
construction of the required sidewalk improvements on the north boundary of the subject
property adjacent to Tract A from Lot 9 to the westerly corner of Lot 10, may have an adverse
impact on the continued viability any existing off site Significant Trees and whether the deletion
of the side walk requirement and its replacement with native vegetation may help protect any
existing off site Significant Trees, The City Engineer shall evaluate the report, and then provide
his recommendation to the City Council. After evaluating the information provided, the Council
shall provide supplemental findings and modify this condition 15 so as to designate whether or
not the sidewalk shall be constructed, and, if not, what type of vegetative buffer must be
provided. The Council's decision shall be made within 45 days after the arborist's report is
provided to the City, so that the applicant is not unreasonably delayed in its construction
activities.
Section 8. Exhibit B, Condition 34 regarding the southern boundary fence is hereby
deleted.
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 11th day of July 2005.
4 �' �. -'I�
KIM E. ABEL, MAYOR
ATTEST:
_,%r i �lif�11
Assessor's Account Numbers
022301-2-021-2007
022301-2-033-2003
022301-2-036-2000
i.e at puui tt'Qn:
r Rc-solution No. 01.6-05
Exhibit A
022301-2-021-2007
BEG at a point 216ft S of the NW COR of SE'/. NW '/, of Section 2, Twn_ 23N, Rge. 01 East, thence E
476 ft. thence S 184 ft. thence W 476 ft. thence N 184 ft to POB EX the N IA.
022301-2-033-2003
THE N 1 Acre of the following described parcel, BEG at a point 216fi S of the NW COR of SE IA NW E/,
of Section 2, Twn, 23N, Rge, 01 East, thence E 476 ft. thence S 184 ft_ thence W 476 ft. thence N 184 ft to
POB.
022301-2-036-2000
That PTN OF SE 'f, NW '/, of Section 2, Twn_ 23N, Rge. 01 East, Described for tax purposes only as
follows, BEG 30 FT S OF NW COR OF SE '/, NW '/, , thence S 186 ft, thence E 188 ft_ to POB. Thence E
288 ft., thence N 186 ft. thence W 288 ft. thence S 186 ft. to POB, except the E 100 ft. and except the W
120 ft.
Resolution No. 016-05
Exhibit; B
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RESOLUTION NO. 02-05
Nw-
A RESOLUTION OF THE CITY OF PORT
City Of — "" ORCHARD PLANNING COMMISSION
Part Orchard RECOMMENDING APPROVAL OF THE
GAZEBO PRELIMINARY PLAT WHICH
PROPOSES TO SUBDIVIDE 2.3 ACRES INTO 1 1 SINGLE FAMILY RESIDENTIAL LOTS AND
THE REZONE OF THE PROPERTY FROM R4.5 TO R8.0 IN AN AREA DESIGNATED
MEDIUM DENSITY RESIDENTIAL IN THE CITY OF PORT ORCHARD COMPREHENSIVE
PLAN.
THE PROPERTY IS LOCATED SOUTHWEST OF THE INTERSECTION OF SOUTH FLOWER
AVENUE AND GOLDENROD STREETS, IN THE SE '/4 OF THE NW '/4 OF SEC. 02, T23N,
RIE, W.M. TAX ACCOUNT NUMBERS: 022301-2-021-2007; 022301-2-033-2003; AND,
022301-2-036-2000.
WHEREAS, the Planning Commission held a Public Meeting for the Gazebo Preliminary
Plat and Rezone on April 18, 2005 and continued to May 16, 2005, and being fully
advised, the Planning Commission finds and concludes as follows:
FINDINGS
1. The applicant proposes to, subdivide three existing parcels (2.3-acre total area) into 1 1 lots. The
plat will provide 10 new detached, single-family residential lots and create one lot for an existing
single-family detached residence.
2. Nine lots will access from o new public road to be constructed for the plat, one lot will access from
Goldenrod; and the existing residence accesses from Flower Ave.
3. The requested rezone is from R 4.5 to R 8. The rezone to R8 is consistent with the Comprehensive
Plan Designation of Medium Density Residential.
4. The minimum lot size allowed in the R8 zone is 5,445 s.f. The proposed lot sizes range from 6,2605.f.
to 8,433., with a proposed density of 4.78 dwelling units per net useable acre. The proposed density
is consistent with the medium density residential designation.
5. The proposed property is adjacent to the plat of Flower Meadows North (across the street to the
east), which is zoned R8.
6. An existing gazebo is proposed to remain on lot 2, The gazebo is made non -conforming by the
proposed lot line. The state subdivision code prohibits the creation of a non-conformance, If the
applicant wishes for the gazebo to remain, a variance will be required, or it should be removed,
7. Most development near the proposed site consists of residential areas that provided single-family
residential lots, generally low -density with pockets of forests and pastures.
8. Approximately 1000 cubic yards of grading and 1000 cubic yards of fill will be conducted on the
site; and impervious surfaces will cover approximately 45% of the site. The R 4.5 zone allows up to
45% and the R8 zone allows up to 75% lot coverage.
A Determination of Non -Significance was issued on March 30, 2005.
10, The applicant submitted a Preliminary Storm Drainage Report. The existing Regional Stormwater
Facility located in Flower Meadows is proposed to serve the plat. The stormwater analysis will
include o statement from the designing engineer certifying the receiving stormwater pond and
system can accornmodote the Gazebo Flat.
Resolution No. "
Page 2of6
11. In regard to roads, the City's urban level -of -service is D (Comp Plan, pg.IV-25).
12. The main roadways serving the plat are Sidney Avenue; Goldenrod Street; and South Flower
Avenue. The applicant submitted a Traffic Impact Analysis. The report measured Level of Service
(LOS) and Delay for the intersection of Goldenrod and S. Flower.; and Sidney and Goldenrod.
Sidney Ave. is a two -Zane collector road with lane widths of 12 - 14 feet. Goldenrod is an eost-west
two lane asphalt roadway with lane widths of 10 to 1 1 feet with minimal to non-existent shoulders
composed of grass or gravel. South Flower is a north -south two lane roadway providing the main
access to the site, with Jane widths of 12-14 feet with 2 to 4 feet of asphalt of gravel shoulders. The
analysis determined that no significant impacts to the surrounding roadway network are expected
due to the addition of project traffic and therefore no mitigating measures are proposed.
13, In regard to Pedestrian Circulation and Access, Chapter C3, Section 9 of the Zoning Ordinance
requires "Ali uses, except single family detached building permits shall provide pedestrian access
onto the site... Residential development shall provide links between cul-de-sacs or groups of
buildings to allow pedestrian access from within the development and from adjacent
developments to activity centers, parks, common tracts, open spaces, schools or other public
facilities, transit stops, and public streets.
14, During project review, staff requested the applicant to submit suppiemental analysis of "Pedestrian
Fociiities". The applicant submitted a fetter from Heath & Associates dated November 5, 2004 in
which a comparison was made between the proposed subdivision and a Wall Mort with the
following determination:
"The size of the Gazebo and Leoro projects are much lower in magnitude (i.e. than a new Wall
Mort) in terms of possible bicycle and pedestrian traffic. The traffic generation from these projects
both individually and cumufativefy are modest from a traffic engineering standpoint".
is. The plat provides for a 40' wide access road that terminates in a hammer head turn around. The
road has been designed to include curb, gutters and sidewalks on both sides.
I & The Zoning Ordinance and Developers Handbook are inconsistent in regard to the road standard
for requiring a cul-de-sac. The Zoning Ordinance Chapter C2, Section 3 requires that: "Dead-end
street shalt be used on access streets only and should terminate in a cul-de-sac", Resolution 1971,
incorporated into the Developers Handbook provides "The Fire Authority shoufd have the ability to
waive a cut -de -sac if another method is available to turn his equipment."
17. The applicant proposes a 10' r-o-w dedication of the property frontage along Flower Ave. No
dedication is proposed along Goldenrod.
18. Chapter C2, Section 3 of the Zoning Ordinance provides that ""When a proposed site plan or
subdivision; is abutting an existing street or streets with a right-of-way of lesser width than specified
by city ordinances, the applicant may be required as a condition of approvai 5o deed additional
right-of-way width and to improve said right -of —way in excess of standards in the following cases:
1) Where additional width is necessary to maintain continuity with the adjoining right-of-way;
2) Where additional width is necessary to maintain alignment with adjoining streets and
sidewalk improvements.
19. The Maximum spacing of fire hydrants is 400 feet between hydrants. The project shall comply with
the fire flow requirements as specified by the Fire Marshall,
20. The Gazebo development is not proposing any park improvements, but is willing to submit fees per
lot in lieu of park development to provide for improvements at neighborhood parks.
21. Appendix one of the Comprehensive Parks Plan includes the Recreation, Park, and Open Space
Standards and Guidelines. A "Mini Park" has typically been required by the City Council as a
condition of plat opprovaL Mini -parks are specialized facifties that serve a concentrated or limited
population or specific group such as tots or senior citizens. The service area for these parks are
"less than'/, mile radius"; and the desirable size is "1 acre or less These parks are intended to be
"located within neighborhoods". Page 3 of the Comprehensive Parks Plan lists goals and
Resolution No.
Page 3of6
objectives - of which 3d applies to the proposed development: "providing for a mixture of active
and passive open spaces within housing and commercial areas with consideration of nearby
facilities.
22. The applicant has submitted o Tree Evaluation Letter from Arbor Management Services for the
large Douglas Fir tree located between lot 10 and the Arnett property to the east. The applicant is
requesting to remove the 38.2" dbh significant tree located on site in accordance with the
replacement requiirements outlined in the tree ordinance. If the Council does not approve
removal of the tree, then the arborist recommended that "the root protection zone should be
contained to the drip line of the tree. This recommendation includes that caution should be taken
to avoid any excavation work occurring within the drip line or fthe tree Every effort should be
made to keep soils, constuction materials, and equipment from being placed or stored within the
drip fine of the tree."
23. There is no water quality treatment proposed on site. The water quality treatment facility designed
and located within the Plot of Flower Meadows would require reconstruction to meet current
design standards.
The Planning Commission public meeting was held on April 18, 2005 and continued to the May 16, 2005
meeting. At the conclusion of the May meeting, the Commission made a motion to add three new Findings
and three new Conditions of Approval to those submitted in the staff report.
24. At the two public meetings held before the Planning Commission, considerable public testimony
was received disputing the subject property boundaries shown on the plot plan, the location and
whether significant trees were protected under the Significant Tree Ordinance 17,28.,
25. Considerable testimony was received regarding safety issues on So. Flower Avenue and Goldenrod
Streets and the need for improving safety features.
CONCLUSIONS
l . The proposal is found to be in conformance with the adopted goals and policies of the
Comprehensive Plan;
2. The proposal meets the applicable minimum requirements of the adopted City Codes
including the Zoning Code, the Development Regulations and the Stormwater
Ordinance.
3. The proposed use of the site is not detrimental to the health, safety, and welfare of the
community and is in harmony with the general purposes of the Zoning Ordinance, Comprehensive
Plan, and Growth Management Act.
4. The proposal should be approved with the following Conditions of Preliminary Plat Approval:
Zoning Code
I. All conditions identified by City Departments and other agencies must be met prior to the
recording of the final plat.
2. A separate sign permit is required for any signage proposals.
3. Address numbers shall be visible from the street, and installed prior to Certificate of
Occupancy.
Fire Prevention Code
4. Before Fire District approval, plans shall be submitted indicating fire hydrant focations. Plans
shall indicate fire hydrants current fire hydrant locations, as this will impact hydrant locations
within the subdivision or project. Maximum spacing of fire hydrants is 400 feet between
hydrants.
5. A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure of 20 p.s.i., is
required for one- and two-family dwellings not exceeding 3,600 gross square feet. All other
buildings (including larger one- and two-family dwellings) require a minimum fire flow of 1,500
gallons per minute and may require more depending on building size and type of construction
as per Appendix Ill -A of the Uniform Fire Code.
Resolution No. G)-C)
Page 4 of 6
6. The Fire Marshall and the City Engineer shall review and approve the construction pions for the
utilities prior to issuance of an excavation permit,
7. Before any construction on homes can begin, the fire department access must be provided
and accepted by the Fire Marshall
tormwater Ordin nce and Design
8. Stormwater quantity control, water qualify treatment, and erosion and sedimentation confrol
shall be designed in accordance with the City of Port Orchard Municipal Code, Chapter 15.32
Stormwater Management or as amended at the time of Excavation/Stormwater Permit
Application,
9. Construction plans and profiles of all roads, Stormwater drainage facilities and appurtenances,
prepared by the developer's engineer, shall be submitted to the City for review and
acceptance as part of the application for an Excavation/Stormwater Permit. A civil engineer
licensed in the State of Washington shall prepare the submittal documents. The fees and
submittal requirements shall be in accordance with the City Code in effect at the time.
10. Any offsite improvements that create additional impervious surface such as lane widening or
roadway improvements are required to provide stormwater mitigation in accordance with the
City of Port Orchard Municipal Code, Chapter 15.32 Stormwater Management.
11. The project proponent shall be responsible for installing any necessary off -site downstream
drainage improvements. Procurement of any permits or easements necessary to install off -site
improvements shall be the responsibility of the project proponent.
12. A Level 1 Downstream Analysis is required in accordance with the Chapter 2 of the City of Port
-Orchard Stormwater Design Manual.
13. The design of the stormwater quantity control facility will be in accordance to Chapter 5 of the
City of Port Orchard Stormwater Design Manual.
14. The design of the stormwater quality control facility will be in accordance to Chapter 6 of the
City of Port Orchard Stormwater Design Manual.
15. Ali stormwater system improvements will be completed prior to approval of the Final Plat and
issuance of any building permit applications.
16. When construction on a site has not been completed and approved by the City by October 1
of a given year or exposed ground surfaces are not permanently stabilized by that date, no
work shall be permitted on the project site until Level 2 Erosion and Sedimentation Controls
have been implemented on the project site. Level 1 Erosion and Sedimentation Controls area
required on site at all times during construction.
17. The Engineer of Record shalf certify that the as -built live and dead storage detention pond
volumes meet the design criteria.
18. The Engineer of Record shall certify that the as -built water quality treatment facility meet the
design criteria.
19. Contractor is responsible for permanent stabilization and restoration of the project site.
20. Submit As -built construction plans with two sets of blueprint copies to Public Works Plan Center.
As -built drawings will accurately represent construction changes accepted by the City due to
unforeseen field conditions or plan design improvements. Include all sheets containing road
and drainage plans, profiles, and associated detoils. As -built drawings will be stamped
RECORD DRAWING and be certified by a professional engineer or land surveyor,
f
Resolution No.
Page 5 of 6
21. Submit Electronic Media of the As -built drawings for road and site layout, water and sanitary
sewer, and stormwater facilities that accurately represent construction changes accepted by
the City due to unforeseen field conditions or plan design improvements.
22, Submit the Operation and Maintenance Manual for review and acceptance by the
Department of Public Works prior to approval of the final plat. The Manual shall be prepared
by a Professional Engineer and meet the requirements of Public Works.
Final Plat Map
23, Prior to final plat approval, the following documents shall be submitted to the City for review
and approval prior to recording:
A. A complete application form, including notarized signatures of the owners of record,
83 A Plat Certificate for the property (not more than 30 days old at the time of Final
submittal).
C. Perimeter lot closures for final review.
D. A Copy of the Declaration of Covenants, Conditions and Restrictions.
E. Utility easements shall be created and must appear on plat and in the covenants before
final plat recording.
Subdivision_ Code
24. All lots shall be surveyed and recorded.
25. A copy of all easements shall be submitted and recorded on the face of the plat.
Parks
26. Prior to Final Plat approval, the developer shall provide the City $2,000 ($200/new lot) to
upgrade playground equipment in a park to be determined by the City. -
Roads
27. Prior to final plan approval, Construction Plans shall be submitted and approved by the City
Engineer for all road improvements.
28, The Developer should provide the City with $200.00 to pay for the following signs and posts:
• 1 Street Sign
• 1 Stop Sign
0 1 Dead End Sign
29. The applicant shalt agree to participate in an areawide comprehensive root( improvement
project whenever that project is proposed.
Schools
30. To reduce impact to the school system, mitigation fees wifl be paid at the time of
building permit issuance, if the City adopts a general implementing ordinance for
school impact fees prior to the date that a complete building permit is accepted.
The proponent can also mitigate the impact to the school system by negotiating a
settlement wlth the South Kitsap School District.
Landscaping
31, One 2'/2 inch caliper Street Tree measuring at least 4' in height shall be planted in the
front yard of each lot prior to the final inspection of the building permit.
32. Prior to issuance of a grading or excavation permit, the root protection zone of the
significant tree shall be fenced. No construction materials or equipment may be
placed within the drip line of the tree.
33. Prior to start of clearing or grading on the property, the applicant shalt stake rear
property corners on lots 10 & t 1 of the plat - the NE and 5E corners of Cots 10 and IL
34. A 6 ft. solid board fence shall be constructed along the south boundary of the plat to
screen the development from the mobile home park
Resolution No.
Page 5 of f
Construction
35. Airborne dust shall be mitigated and minimized per the requirements of the Puget
Sound Air Quality Control Authority.
36, Hours of construction shall be limited to those outlined in the City Noise Ordinance: 7:00 AM to
9:00 PM, Monday - Friday, and U0 AM to 9:00 PM Saturday, Sunday and most holidays.
37, The applicant shall dedicate 10' width along the property frontage of So. Flower
Avenue to allow So. Fiower Avenue right-of-way to meet City adopted local Access
Road Standards.
38, All streets ore to be kept clean and free of debris at all times. A street sweeper may
be required to be on site at all times should tracking mud and debris to and from
the site become a problem.
Health Department
39. There must be a septic tank and drainfield located at the existing house at 2228
Flower Ave., as the City of Port Orchard has no record of it being connected to
sewer. A certified Kitsep County septic pumper must pump this septic tank out, and
it must then be properly abandoned (filfed with &fl.
40. Water and Sewerage is to be provided by the City of Port Orchard. There were no
ovailability letters attached with this application.
WHEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port Orchard
hereby recommends that the City Council approve the Gazebo Preliminary Plat and Rezone of
tax parcel nos. 022301-2-021-2007; 022301-2-033-2003; and 022301-2-036-2000 from R4.5 to R8.0
on the City Zoning Map to become effective upon final plat approval,
PASSED by the Planning Commission of the City of Port Orchard, this 16'h day of May, 2005.
Gil Michael, Chair
ATTEST:
.Joanne Long-Wod s
Planning Director