030-06 - Resolution - Amendment to the Preliminary Plat of Indigo PointeRESOLUTION 030-06
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING WITH CONDmONS AN AMENDMENT TO THE
PRELIMINARY PLAT OF INDIGO POINTE, (SUBDIV 03-01/R-1145)
TO ALLOW FOR THE SUBDIVISION OF A STORM WATER TRACT
INTO TWO ADDmONAL SINGLE FAMILY LOTS AND RESCINDING
RESOLUTION NO. 2062.
TAX PARCEL NUMBER 022301-2-044-2000
LEGAL DESCRIPTION OF PROPERTY: ATTACHMENT "A"
WHEREAS, Jim James, applicant, submitted an application, dated April 25, 2006
requesting approval to subdivide a previously approved storm water tract (Tract 4) into 2
additional residential lots; and
WHEREAS, A Mitigated Determination of Non-Significance was issued for the
preliminary plat/rezone application on February 14, 2003; and
WHEREAS, the City Council held a public hearing on July 10, 2006 and, at
which time the applicant's agent submitted new information about a regional stormwater pond
being developed on an adjacent parcel and that the applicant had received approval from Kitsap
County to tie into that regional system, thereby removing the need to have an on site storm
water pond; and
WHEREAS, the applicant revised the proposed plat to provide 22 residential lots
providing for single family detached dwelling units, with open space tracts and protective
easements; and
WHEREAS, the City Council finds that during the preliminary plat review
process, appropriate provisions have been made for the public health, safety, and general
welfare; and
WHEREAS, the City Council finds that there are adequate provisions for potable
water supplies, fire protection, open spaces, drainage ways, streets, transit stops, parks and
recreation, playgrounds, and schools and school grounds to serve the subdivision; and
WHEREAS, the City Council finds that wastewater collection and treatment
services are adequate; and
WHEREAS, the City Council has considered all other relevant facts and has
determined that the public interest will be served by the subdivision; and
Resolution No 030-06
Page 2 of 12
WHEREAS, the Comprehensive Plan designation for the property is Medium
Density Residential and the proposed development is consistent with the goals and policies of
the Comprehensive Plan; and
WHEREAS, the proposed rezone is not detrimental to the health, safety, and
welfare of the community and is in harmony with the general purposes of the Zoning
Ordinance, Growth Management Act, and Comprehensive Plan; and
WHEREAS, the final plat shall be submitted for approval within five (5) years
from the date of preliminary plat approval; and
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
RESOLVES AS FOLLOWS: WHEREAS, being fully advised the City Council finds and
concludes as follows:
TESTIMONY AND EXHIBITS
The Council bases its findings and conclusions upon the following Exhibits and
Testimony that it finds to be relevant, credible, and persuasive.
1. The following documents were admitted into the record:
a. City Council Agenda Staff Report dated July 10, 2006, together with Attachments
1-3.
2. The following testimony was taken and recorded:
Mark Kuhlman, Team 4 Engineering, presented testimony on the application for the
applicant;
Patrick Lucas, citizen, presented testimony on Blackjack Creek;
Gil Michael, citizen, presented testimony on limited access to lots 21 & 22.
Based upon the recommendations of City staff and the findings and conclusions set forth above,
the City Council approves the amendment to Indigo Pointe preliminary plat application (SUBDIV
03-01/R-1145), subject to the conditions set forth in Planning Commission Resolution No. 003-
04 attached hereto as Attachment "C", except as amended as follows:
Conditions Number 9 is amended to read as follows:
9. All 36" DBH or greater trees shall be preserved and the site plan shall be
modified to accommodate their preservation unless an arborist determines such
tree to be a safety hazard due to existing or potential root, trunk or primary limb
failure due to damage or disease. The cost of the arborist report shall be at the
expense of the applicant.
The following condition was added:
50. Prior to final construction approval, the applicant shall install protective
screening from light and glare to the affected property located at 410 Goldenrod
Street, across from the proposed plat access. The protective screen shall consist
Resolution No 030-06
Page 3 of 12
of a 25 foot landscape strip planted with 5 gallon laurel hedges at 3 feet on
center. A one-year maintenance agreement shall be approved by the City
Engineer.
PASSED by the City Council of the City of Port Orchard, signed by the Mayor and
attested by the Interim City Clerk in authentication of such passage this 24th day of July, 2006.
KIM E. ABEL, MAYOR
ATTEST: ~~~
Michelle Merlino, Interim City Clerk
ATTACHMENT A
Resolution No 030-06
Page 4 of 12
The South 264 feet of the Southeast Quarter of the Northeast Quarter of the Northwest
Quarter; Except the West 330 feet thereof; Except roads, also the Southeast Quarter of the
Northeast Quarter of the Northwest Quarter; Except the West 454 feet and Except the South
264 feet, All in Section 2, Township 23 North, Range 1 East, W.M., Kitsap County; Except
Roads.
IV. FINDINGS
Subdivision
ATTACHMENT B
Resolution No 030-06
Page 5 of 12
1. The administrative review finds that the proposed subdivision does not make all
appropriate provisions for the public health, safety, and general welfare as required by
Ordinance No. 1702 (Subdivision), however a revised plan meeting all the
recommended conditions could be found to serve the public use and interest. In
addition, the request for rezone does not explicitly meet the definition for medium
density residential to support the request for 12 units, it currently supports 8 units per
net useable acres, (VI-8, Section 3 of the Comprehensive Plan).
Tree Retention
2. The applicant is proposing to retain 16 of 109 ( 170-61) trees. Therefore 93 trees need
to be replaced at a ratio of 3:1 = 279 replacement trees or as determined by the
Council. The applicant is proposing to replace 14 7 trees. The tree retention plan is
not consistent with adopted requirements. Only 10% are being retained, 90% are
being removed. The Council should determine the appropriate replacement number.
Critical Areas/Habitat Management Plan
3. The Habitat Management Plan has been deemed adequate by the Department of Fish
and Wildlife.
Fire Prevention Code
4. Fire hydrants were not indicated on the plans.
5. Maximum spacing of fire hydrants is 400 feet between hydrants. This would require
two fire hydrants one located in front of lot 20 and the other located in front of lot 16.
Storm water
6. A Level 3 downstream analysis will be required prior to final plat approval.
Water/Sewer
7. Adequate water and sewer are available to serve the proposed subdivision.
Parks
8. The proposal does include plans for parks.
9. The proposal includes open space areas as noted on the site plan.
V. CONCLUSIONS
1. The rezone from R4.5 to R12 is consistent with the Comprehensive Plan Designation of
Medium Density Residential
2. The development should be conditioned to meet the requirements of the Critical Areas
Ordinance; and specific measures to protect the Class I Wildlife Habitat Areas.
Resolution No 030-06
Page 6 of 12
3. The proposed development does not meet all minimum requirements of the adopted
Codes, but the proposal as conditioned, can be consistent with applicable codes for
Zoning, Critical Areas, Fire and the adopted Stormwater Design Manual.
4. Safe pedestrian walkways are provided by the provision of sidewalks along Goldenrod.
5. The proposed design does provide for parks.
ATTACHMENT C
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 003-04
Resolution No 030-06
Page 7 of 12
A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION
RECOMMENDING THE APPROVAL OF A SUBDIVISION REQUEST (SUBDIV 03-01) TO
DIVIDE ONE 3.97-ACRE PARCEL INTO 20-SINGLE FAMILY DETACHED DWELLING
UNIT LOTS; ALONG WITH A REZONE APPLICATION FROM R4.5 TO R12. THE
PROPERTY, KNOWN AS INDIGO POINTE, IS LOCATED AT THE SOUTH 264 FEET OF
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER; EXCEPT THE WEST 330 FEET THEREOF; EXCEPT ROADS, ASLO THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER, EXCEPT THE WEST 454 FEET AND EXCEPT THE SOUTH 264 FEET, ALL IN
SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY; EXCEPT
ROADS.
ASSESSOR'S ACCOUNT NUMBER: 022301-2-044-2000
WHEREAS, A Mitigated Determination of Non-Significance was issued on 14 February 2003; and
WHEREAS, the proposed purposes of the rezone request is to support a subdivision request to develop one 3.97-
acre parcel into 20 single-family detached dwelling unit lots; and
WHEREAS, the Planning Commission held a Public Meeting for the Rezone on August 18; September 6;
September 15; and October 6, 2003; and
WHEREAS, the Planning Commission recommended denial expressing concerns outlined in Resolution Nos. 336-
03 & 337-03; and
WHEREAS, the City Council held a Public Hearing for the Rezone on November 10, 2003; December 01, 2003
and December 22, 2003 in which the council clarified that "a density of up to 12 dwelling units of single family
residential detached housing is consistent with the Comprehensive Plan-Medium Density Residential Designation;
and
WHEREAS, Subsequent to the Planning Commission Meeting, the applicant submitted a revised Site Plan and
revised Habitat Management Plan; and
WHEREAS, at the December 22, 2003 hearing, the City Council remanded the application back to the Planning
Commission for their consideration of the revised application and the Council's finding that the R-12 Zoning
Designation allowing single family detached housing is appropriate within the Medium Density Comprehensive
Plan Designation; and
Resolution No 030-06
Page 8 of 12
WHEREAS, the Planning Commission held a Public Meeting for the Rezone on January 21, 2004, and continued
the discussion on February 2, 2004; and
WHEREAS, the Planning Commission approved the Habitat Management Plan as revised, including the revised
recommendations on page three of the revised Habitat Management Plan; and
WHEREAS, the Planning Commission determined that all significant trees identified as Lack of Protection-to be
removed; shall be replaced at a ratio of 3:1 to be planted at a minimum height of three feet and all non-exempt,
including the L-trees shall be replaced at the 3:1 ratio with a minimum height of three feet. The mix of trees shall be
determined by the City Engineer based on the Landscape Planting table in the zoning ordinance (pg.169); and
WHEREAS, the Planning Commission adopted the Tree Retention Plan as proposed by the applicant as meeting the
intent of the Significant Tree Ordinance; and
WHEREAS, the application as conditioned is in compliance with preliminary requirements of the City Zoning
Ordinance; and
WHEREAS, the application as conditioned is in compliance with preliminary requirements of the adopted
Storm water Manual and Fire Code; and,
WHEREAS, the application as submitted is in compliance with preliminary requirements of the Critical Areas
Ordinance in regard to the requirements of the Habitat Management Plan; and
WHEREAS, the application as submitted is in compliance with the Goals and Policies expressed in the City
Comprehensive Plan in regard to Medium Density Residential; and
WHEREAS, the Planning Commission heard testimony in favor and in opposition of the proposal from the
applicants and the community; and therefore
CONCLUSION, Based upon the facts, testimony, staff report and materials presented at the meeting, we therefore
conclude the application conforms to the requirements of the Comprehensive Plan and as such is found to be a
furtherance of the health, safety, morals, and general welfare of the goals of the community and the City's
Comprehensive Plan,
BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the Council
approve a request by the applicant for SUBDIV 03-01/R-1145, subject to the following conditions:
Zoning/Land Use:
1. The Final Plat shall depict native growth vegetation protection easements and buffers to be noted on the
face of the plat with all the restrictions against construction or clearing in these areas. These areas will
also be fenced and addressed in the CC&R's.
2. The mitigation as listed on page 3 of the addendum to the Indigo Pointe Habitat Management Plan shall
be noted on the face of the plat, and included in the CC&R's:
The native vegetation zones (buffers) shall be enhanced by removal of non-native vegetation and
planting of native shrubs and trees. An attached plant list provides a variety of trees and shrubs
to be considered. Evergreens and deciduous trees shall be at least six-ft in height but less than
12-ft in height.
• Once the buffers have been planted the area shall remain as a no touch area where only potential
blow-down trees are removed. Danger trees shall be taken down and left on the ground.
The native vegetation and no touch zones shall be isolated with split rail fencing prior to
occupation by the new land owners.
Resolution No 030-06
Page 9 of 12
Lawn areas shall be limited to 20% of each lots open space. Additional open space areas shall be
planted with shrubs or native plants that are draught tolerant and require minimal watering
during summer months.
• The downspouts from the rooftop shall be directed to a sump that wiii infiltrate the water into the
ground water system.
Lawn chemicals shaH be limited to compost or organic fertilizers and no pesticides shall be used
on the lawns or plantings in the yards where rain runoff can carry the chemicals to the creek or
the storm drain system.
• A11 trees and native riparian shrubs shaH be planted during the optimal season of November to
March. No trees or shrubs should be planted during the dry cyele of the year. The trees and
shrubs that are planted should be monitored during the dry period of the year and watered if they
appear to be stressed by drought conditions. The supplier of the vegetation shaH be liable for the
health of the plants for a period of no less than 5 years. The landscape firm that plants the native
vegetation zones shaH prepare a monitoring plan that addresses the issue of plant replacement
and buffer condition for a period of no less than 5 years.
The owner (developer) of the project shaH provide each buyer with a document outlining the
importance of the habitat outside the property lines in addition to the no touch zones. This
document should inelude Best Management Practices for yard care, the Conservation
Management Area and storm drain systems.
3. The provisions for tree and native vegetation enhancement planting shaH be completed and approved prior
to final plat approval.
4. The provision for native planting of open space outside of the 20% limited to lawn area on individual lots
shaH be required as a condition of building permit approval.
5. A Clearing and Grading Plan shaH be submitted and approved by the department identifying building
envelopes and the significant vegetation that wiii remain after site preparation is completed. Grading
shaH be minimized to that necessary for construction.
6. An occupancy permit shall not be issued for any building within the Habitat Management Area if bare
soils are present or with no visible groundcover growth. Installation of native plant species is highly
encouraged. All building permit applicants shall be made aware of this requirement prior to permit
approval.
7. The streets shall meet City standards and the street shall be dedicated to the City as Public right-of-way.
8. There shaH not be any access from the lots to Goldenrod Street. Ail lots shall access the plat's public road
for ingress and egress.
9. The removal of a11 36DBH and greater trees shaH be approved by the City Council prior to Construction
Plan approval.
l 0. Prior to final construction plan approval, a revised tree retention/protection plan shall be submitted subject
to the approval by the City Engineer. Tree root protection zones, and proposed measures to protect
required trees shaii be included on the plan.
11. A note shall be added to the face of the plat providing that a11 trees selected for retention shall remain
subject to the provisions of the Tree Retention Section of the Zoning Ordinance.
12. Danger Trees felled within the mitigation and leave areas shall be replaced at a 3:1 ratio.
13. One conifer tree measuring at least 5' in height shall be planted in the front yard, and one in the back yard
of each lot, and all planting strips shall be planted with sod prior to final plat approval. A minimum of
37 total 2.5 caliper deciduous trees measuring at least five (5) feet in height shall be planted
along each side of the roadway. All non-exempt trees including "L" trees shall be replaced 3:1
with a minimum height of three (3) feet with a mix approved by the City Engineer based on
page 169 table Ordinance 1748.
14. A lighting plan shall be submitted and deemed acceptable to Puget Sound Energy standards and to the
City Engineer prior to placement of any outdoor illumination. At a minimum, street illumination should
be located at the entrance, lot 19 and lot 13.
15. All conditions identified by City Departments and other agencies must be met prior to the recording of the
final plat.
Fire Prevention Code:
Resolution No 030-06
Page 10 of 12
16. Before Fire District approval, plans shall be submitted indicating fire hydrant locations. Plans shall
indicate 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.
17. A minimum fire flow of 1 ,000 gallons per minute, measured at a residual pressure of 20 psi, 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 III-A of the Uniform
Fire Code.
18. The Fire Marshall and the City Engineer shall review and approve the construction plans for the utilities
prior to issuance of an excavation permit.
19. Before any construction on homes can begin, the fire department access must be provided and accepted
by the Fire Marshall.
Stormwater Ordinance and Design
20. Stormwater quantity control, water quality treatment, and erosion and sedimentation control
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.
21. 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.
22. 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.
23. 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.
24. A Level 1 Downstream Analysis is required in accordance with the Chapter 2 of the City of
Port Orchard Stormwater Design Manual.
25. The design of the stormwater quantity control facility will be in accordance to Chapter 5 of the
City of Port Orchard Storm water Design Manual.
26. The design of the stormwater quality control facility will be in accordance to Chapter 6 of the
City of Port Orchard Stormwater Design Manual.
27. All storm water system improvements will be completed prior to approval of the Final Plat and
issuance of any building permit applications.
28. 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
Resolution No 030-06
Page 11 of 12
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.
29. The Engineer of Record shall certify that the as-built live and dead storage detention pond
volumes meet the design criteria.
30. The Engineer of Record shall certify that the as-built water quality treatment facility meet the
design criteria.
31. Contractor is responsible for permanent stabilization and restoration of the project site.
32. 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 details. As-built drawings will be stamped
RECORD DRAWING and be certified by a professional engineer or land surveyor.
33. 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.
34. 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.
a. Final Plat Map
35. Prior to final plat approval, the following documents shall be submitted to the City for review
and approval prior to recording:
36. A complete application form, including notarized signatures of the owners of record.
37. A Plat Certificate for the propetiy (not more than 30 days old at the time of Final submittal).
38. Perimeter lot closures for final review.
39. A Copy of the Declaration of Covenants, Conditions and Restrictions.
40. Utility easements shall be created and must appear on plat and in the covenants before final plat
recording.
Subdivision Code
41. All lots shall be surveyed and recorded.
42. A copy of all easements shall be submitted and recorded on the face of the plat.
Parks
43. Prior to Final Plat approval, the developer shall provide the City $4,000 to upgrade playground
equipment in a park determined by the City.
Roads
44. The Developer should provide the City with $200.00 to pay for the following signs and posts:
45. 1 Street Sign
46. 1 Stop Sign
47. 1 Dead End Sign
Construction
Resolution No 030-06
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48. As a good neighbor, the developer will work with the neighbors to minimize dust and develop a plan that
meets EPA requirements.
Schools
49. To reduce impact to the school system, mitigation fees will 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 with the South Kitsap School
District.
PASSED this 2nd day of February, 2004.
ATTEST:
Rob Wenman
City Planner
CITY OF PORT ORCHARD
PLANNING COMMISSION
Gil Michael, Chair