035-05 - Resolution - Approving with Conditions Prelim Plat for Industrial Park Division 2RESOLUTION NO. 035-05
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING WITH CONDITIONS THE PRELIMINARY PLAT FOR
PORT ORCHARD INDUSTRIAL PARK DIVISION 2
WHEREAS, the property owner has filed an application with the City (SUBDIV
05-04) to subdivide the real property legally described in Exhibit A, said property being
identified as Kitsap County Assessor Tax Parcel Number 342401-3-033-2002, and referred to
herein as the Subject Property; and
WHEREAS, the application was processed as described in Planning Commission
Resolution 19-05 attached hereto as Exhibit B; and
WHEREAS, the Planning Commission has recommended that the City Council
approve with conditions the application for preliminary plat; and
WHEREAS, on November 14, 2005 the City Council held a public hearing on the
application to receive public testimony; and
WHEREAS, being fully advised the City Council finds and concludes as follows:
Findings and Conclusions
1. The findings and conclusions set forth in Exhibit B are hereby adopted as the City
Council's findings and conclusions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The preliminary plat application for Port Orchard
Industrial Park, Division 2 is hereby approved, subject to the
conditions set forth in Exhibit 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 14th day of November 2005.
KIM E. ABEL, MAYOR
ATTEST:
K1tsap County Assessor's lax Uescnptwn
Tax Description
Tax Account No. Process No.
'134_2_4-0l---3--03-3--2-0-02----,112337004
34241E
Situs Address
rage 1 u1 L..
Resolution No. 035-05
Exhibit "A"
PORTION OF LOT C CITY OF PORT ORCHARD SHORT PLAT S-1064 RECORDED
UNDER AUDITOR'S FILE NO 9201060167, P0-59; THAT PORTION OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH WEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 34; THENCE S88*17'03 E ALONG THE
SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER A
DISTANCE OF 225.01 FEET TO THE SOUTHEAST CORNER OF THE WEST 225 FEET OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 34
BEING THE SOUTHERLY TERJ.~INUS OF THE EASTERLY RIGHT-OF-WAY MARGIN 01<'
SHAWN ROAD SW AS CONVEYED TO KITSAP COUNTY PER RIGHT-OF-WAY DEED
RECORDED UNDER AUDITOR'S FILE NUMBER 946893 AND THE TRUE POINT OF
BEGINNING; THENCE N1 *07'17 E ALONG THE EAST LINE OF THE WEST 225 FEET OF
SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND ALONG SAID
RIGHT-OF-WAY MARGIN A DISTANCE OF 634.26 FEET; THENCE S88*17'00 E 330.00
FEET; THENCE N89*35'46 E 753.41 FEET TO THE EAST LINE 01<' THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 34; THENCE S0*59'51 W
ALONG SAID EAST LINE A DISTANCE OF 662.14 FEET TO THE SOUTHEAST CORNER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
34; THENCE N88*17'03 W ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER A DISTANCE OF 1084.61 FEET TO THE TRUE POINT
OF BEGINNING; SUBJECT TO A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS
AND UTILITIES OVER, UNDER AND ACROSS THE EAST 50 FEET OF THE SOUTH 350
FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 34. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: THAT PORTION OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 34;
THENCE S88*17'03 E ALONG THE SOUTHLINE OF SAID NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER A DISTANCE OF 225.01 FEET TO THE SOUTHEAST
CORNER OF THE WEST 225 FEET OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 34 BEING THE SOUTHERLY TERMINUS OF
THE EASTERLY RIGHT OF WAY MARGIN OF SHAWN ROAD SOUTHWEST AS
CONVEYED TO KITSAP COUNTY PER RIGHT OF WAY DEED RECORDED UNDER
AUDITOR'S FILE NO. 946893; THENCE N1 *07'17 E ALONG THE EAST LINE OF THE
WEST 225 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
AND ALONG SAID RIGHT OF WAY A DISTANCE OF 634.26 FEET; THENCE S88*17'00 E
330.00 FEET THE TRUE POINT OF BEGINNING; THENCE N1 *07'17 E 660.00 FEET THE
SOUTH LINE OF THE NORTH 30 FEET OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 34 BEING THE SOUTHERLY RIGHT OF
WAY MARGIN OF COOK RD AS CONVEYED TO KITSAP COUNTY PER RIGHT OF WAY
DEED RECORDED UNDER AUDITOR'S FILE NOS. 216220 AND 272909; THENCE S88*17'00
http://kcwppub2.co.kitsap.wa.us/pls/ilisw/online _lis _info _pkg.tax _desc?p _in _rp _ acct_id... 11/17/2005
Kitsap county Assessor's 1 ax uescnptwn t'age L or L
E ALONG SAID SOUTH LINE AND ALONG SAID RIGHT OF WAY MARGIN A DISTANCE
OF 751.81 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 34; THENCE S0*59'51 W.M., KITSAP
COUNTY, WASHINGTON ALONG SAID EAST LINE A DISTANCE 1294.28 FEET TO THE
SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 34; THENCE N88*17'03 W ALONG THE SOUTH LINE OF
SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 445.00
FEET; THENCE N0*59'51 E 609.26 FEET; THENCE N88*17'00 W 200.19 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 175.00 FEET; THENCE
ALONG SAID CURVE AN ARC DISTANCE OF 61.09 FEET THROUGH A CENTRAL
ANGLE OF 20*00'00 ; THENCE S71 *43'00 W 33.42 FEET; THENCE N18*17'00 W 50.00 FEET
TO THE TRUE POINT OF BEGINNING; (ALSO BEING KNOWN AS LOT D AND A
PORTION OF LOT C OF CITY OF PORT ORCHARD SHORT SUBDIVISION NO. S-1064, AS
RECORDED UNDER AUDITOR'S FILE NO. 9201060167.)
close this window
Resolution No. 035-05
Exhibit "A"
http://kcwppub2.co.kitsap.wa.us/pls/ilisw/online _lis _info _pkg.tax _ desc?p _in_ rp _ acct_id... 11117/2005
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 19 -05
A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING
COMMISSION RECOMMENDING APPROVAL OF A PRELIMINARY
PLAT APPLICATION FOR PORT ORCHARD INDUSTRIAL PARK,
DIVISION 2, APPLICATION NO. SUBDIV 05-04
TAX PARCEL NO.: 342401-3-033-2002
WHEREAS, the applicant has submitted an application for preliminary plat
approval to subdivide a 9.11 acre site known as Port Orchard Industrial Park, Division 2 into 8
lots to be developed for industrial/manufacturing use; and
WHEREAS, the Port Orchard City Council previously approved preliminary and
final plat for Port Orchard Industrial Park, Division 1, which is located adjacent to Division 2;
and
WHEREAS, a Mitigated Determination of Non-Significance was issued on
October 5, 2005; and
WHEREAS, the Planning Commission held a public meeting on October 17,
2005; and
WHEREAS, the Planning Commission heard testimony in favor of the proposal
from the applicant's representative and there was no testimony in opposition to the proposal;
now, therefore,
THE PLANNING COMMISSION OF THE CITY OF PORT ORCAHRD HEREBY
RESOLVES AS FOLLOWS:
THAT: The Planning Commission of the City of Port Orchard
hereby recommends that the City Council of the City of Port
Orchard approve the preliminary plat for Port Orchard Industrial
Park, Division 2, SUBDIV 05-04 based on the following findings
and conclusions and subject to the following conditions:
FINDINGS
1. The applicant proposes to subdivide an existing 9.11 acre parcel into 8 lots to be developed
for industrial/manufacturing use.
2. There are no maximum densities or minimum lot sizes in the Employment -Industrial and
Office zone. The proposed lots range in size from 20,217 square feet to 93,894 square feet.
The average lot size is 44,892 square feet.
Resolution No. 019-05
Page 2 of 5
3. The proposed plat is adjacent to the plat for Port Orchard Industrial Park, Division 1 (east
and north of the proposed plat), which is also zoned Employment-Industrial and Office.
4. Lots 1 - 3 contain an active surface mine operation permitted by the Department of Natural
Resources. When the surface mining operations cease or the DNR permit expires, these lots
will be reclaimed in accordance with state requirements and the conditions of preliminary
plat approval herein.
5. Lots 1 - 3 have their own detention pond to comply with surface mining requirements.
When these lots are reclaimed, the detention pond will no longer be used and the lots will
be connected to the current storm water system that serves the balance of Division 2 and
all of Division 1.
6. The development to the north of the proposed plat is in Kitsap County and is zoned low
density urban. The plat is south and east of Bremerton's industrial park. The site is
immediately adjacent to Port Orchard Industrial Park, Division 1.
7. Additional grading and filling may be required to prepare individual lots for construction.
8. A Mitigated Determination of Non-Significance was issued on October 5, 2005.
9. Storm water runoff from the roadways and lots developed within Division 2 will be collected
and conveyed to the storm water retention pond that currently serves Division 1.
10. The storm water system that will serve Divisions 1 and 2 has been designed and
constructed to meet the requirements of the City's current standards as set forth in the
Storm Water Design Manual dated August 24, 1999.
11. Individual water quality facilities will be designed and constructed to current standards for
each lot developed within Division 2.
12. After project construction, impervious surfaces will cover approximately 80% of the site.
The EO zone allows up to 85% coverage of net useable acres.
13. Access to the plat comes from Old Clifton Road and Lloyd Parkway. The development is
served by interior roadways Lumsden Road and Vivian Court. Based on an earlier traffic
study, certain improvements were required and constructed on Old Clifton Road and Lloyd
Parkway, including turn lanes. As building applications are received for Division 2, additional
review of traffic impacts by the City Engineer may be required.
14. The plat provides for a 50' right-of-way known as Lumsden Road that loops through the
development.
15. The applicant proposes a 10' right-of-way dedication of the property frontage for service of
utilities.
16. A seasonal stream runs through the property that is a tributary to Ross Creek, a Type I
stream in the City of Port Orchard Critical Areas Ordinance.
Resolution No. 019-05
Page 3 of 5
17. The following utilities are currently available at the site: electricity, refuse service, natural
gas, telephone, water, and sanitary sewer.
18. The imposition of the City's current road standards (requiring curb, gutter, sidewalk, street
lighting) would impose a hardship on the applicant and would be incompatible with the
property's use as an industrial park.
Conclusions
1. The proposal is consistent with the general goals and policies of the Comprehensive Plan.
2. The proposal is consistent with the Comprehensive Plan designation for
Industrial/Manufacturing, as set forth in the Land Use Element, pages VI-11, 17, and 18.
3. The proposal is consistent with the City's goal of protecting the quality and quantity of
ground water and storm water run off, as set forth in the Land Use Element of the
Comprehensive Plan, page VI-21.
4. The proposal is consistent with the stated purposes of the Employment industrial and
office (Eo) zone, as set forth in the Port Orchard Zoning Ordinance, Part B1, Section 9 at
pages 59-60.
5. The proposal is in furtherance of the health, safety, and general welfare of the community
and the public use and interest will be served by the platting of such subdivision.
Proposed Conditions
1. A sign permit is required for any signage within the development.
2. All buildings shall be connected to sanitary sewer. Sanitary sewer connections shall be
approved by the Director of Public Works.
3. The development shall provide fire hydrants, acceptable fire flow requirements, fire lanes
and fire truck access as determined and approved by the appropriate fire authority.
4. All utilities on site shall be underground.
5. All road, water, sanitary sewer and storm water improvements shall be completed and
accepted by the Director of Public Works prior to final plat approval.
6. All roads shall be dedicated to the City as public right-of-way.
7. Storm water quantity control, water quality treatment, and erosion and sedimentation
control for Division 2 shall comply with Port Orchard Municipal Code, Chapter 15.32
(Stormwater Management) and the City's Stormwater Design Manual dated August 24, 1999
as minimum standards.
Resolution No. 019-05
Page 4 of 5
8. No storm water from the site shall be directed to properties south of the Industrial Park.
9. All storm water catch basins within the proposed Division 2 shall be located within the public
right-of-way or the 10-foot utility easement.
10. The face of the final plat shall contain a provision stating that before a building permit will
be issued, the lot owner is responsible for the design and construction, subject to City
approval, of an on-site biofiltration swale or equivalent filtration system to be developed as
part of the storm water system serving Division 2.
11. The face of the final plat shall contain a provision stating that if any cultural or archeological
items are identified or uncovered during any phase of the site development or construction
of the buildings on any of the lots, construction must cease immediately and the applicant
and its agents or contractors must contact the City of Port Orchard Planning Department,
the Washington State Historical Society, and the Suquamish Tribe immediately.
12. The face of the final plat shall contain a provision stating that in accordance with City,
County, and State requirements, Best Management Practices shall be implemented and kept
in place through all phases of site development and construction on all lots within the plat.
13. The face of the final plat shall contain a provision stating that Lots 1 - 3 are part of an
active surface mining operation permitted by the Department of Natural Resources and that
when the surface mining operations cease or the DNR permit expires these lots shall be
reclaimed in accordance with state requirements and the City's requirements for site
development and construction, including implementation of biofiltration swales or equivalent
filtration systems, road improvements, and landscaping requirements.
14. The face of the final plat shall contain a provision stating that property owners shall submit
an operations and maintenance manual for the on-site biofiltration swales or equivalent
filtration systems serving individual lots Division 2, in compliance with Port Orchard
Municipal Code Chapter 15.32. The manual shall be prepared by a professional engineer and
shall be submitted to the Director of Public Works for his approval.
15. The slopes on Lots 1-3 where surface mining has occurred shall not exceed 2:1 (horizontal
to vertical), except as otherwise approved by the City.
16. The applicant's Engineer of Record shall certify that the storm water retention pond serving
Division 1 has sufficient volume to also serve Division 2 and that it meets the design and
construction criteria of the City's Stormwater Design Manual dated August 24, 1999.
17. When Lots 1 - 3 are reclaimed because the surface mining operations have ceased or the
DNR permit has expired, the applicant shall dedicate to the City the lot described as Tract A,
which comprises the storm water retention pond that serves Divisions 1 and 2. Prior to such
dedication, the applicant shall be responsible for maintaining and repairing the storm water
retention pond in a manner consistent with City regulations.
Resolution No. 019-05
Page 5 of 5
18. The applicant shall comply with all of the City's applicable development requirements,
including but not limited to the applicable requirements set forth in the Port Orchard Zoning
Ordinance, Part C.
19. All lots shall be surveyed and recorded.
20. A 10 foot public/private utility easement shall be granted along the frontage of all lots.
21. A copy of all easements shall be submitted to the City and recorded on the face of the final
plat.
22. The Covenants, Conditions, and Restrictions shall be submitted to the City Attorney for
approval.
23. The applicant shall meet all state and local requirements prior to recording of the final plat.
PASSED by the Planning Commission of the City of Port Orchard this 17th day of October
2005.
Gil Michael, Chairman
ATTEST:
Joanne Long-Woods, Planning Director