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007-07 - Resolution - Forest Song Revised Preliminary PlatRESOLUTION NO. 007-07 A RESOLUTION OF THE CITY OF PORT ORCHARD CITY COUNCIL APPROVING WITH CONDITIONS THE FOREST SONG REVISED PRELIMINARY PLAT AND PLANNED RESIDENTIAL DEVELOPMENT AND INCORPORATING ALL PRIOR CONDITIONS OF APPROVAL TAX PARCEL NO: 352401-2-023-2005 WHEREAS1 the applicant has previously submitted an application for a preliminary plat, planned residential development to allow for the division of 9.52 acres into 86 zero lot line residential lots; and WHEREAS1 a Determination of Non-Significance was issued on March 4, 2006; and WHEREAS1 the Planning Commission held public meetings on March 20, 2006; and April 12, 2006 and recommended approval to the City Council in Planning Commission Resolution 06-06; and WHEREAS1 on May 8, 2006, the City Council held a public hearing on the application; and WHEREAS1 on July 10, 2006, the City Council approved Resolution 025-06, granting approval for the subdivision, with conditions; WHEREAS1 on October 30, 2006, the applicant applied for an amendment to Resolution 025-06; and WHEREAS, based on new information provided by the applicant, the SEPA determination of a Mitigated Determination of Non-Significance was revised on December 2, 2006 to address stream setbacks previous required on the plat which were a total of 40 feet from top of slope; and WHEREAS, the Planning Commission held a Public Meeting for the proposal on January 29, 2007 to consider the request to relocate the required buffer and setback for the Type 5 stream on the property should be reduced to 25 feet from the Ordinary High Water Mark (OHWM) as required in the City of Port Orchard Critical Areas Ordinance, based on the applicant's delineation of the Ordinary High Water Mark by a qualified biologist, which was not previously available; and WHEREAS1 the Planning Commission recommended approval of the amendment to City Council in Resolution 001-07; and WHEREAS, on January 8, 2007 the City Council opened and continued a public hearing on the application to amend, and WHEREAS, on February 12,2007, the City Council held a public hearing on the application to amend; and WHEREAS1 the City Council has directed that the approved revised conditions of preliminary plat and all prior conditions be incorporated into one complete Resolution for the plat/prd; and WHEREAS1 being fully advised, the City Council finds and concludes as follows: TESTIMONY AND EXHIBITS Resolution No. 007-07 Page 2 of 8 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. Agenda Staff Report dated February 12, 2006 B. Revised SEPA determination dated December 2, 2006 C. Letter dated December 14, 2006, from Allison O'Sullivan, biologist for the Suquamish tribe, indicating the Tribe's opposition to reduced buffers and to the placement of stormwater ponds in the stream bed. D. Letter dated December 20, 2006 from Yvette Foldvik, requesting that the Applicant be required to install a fence along the western property line. E. Public Notice F. Planning Commission Resolution 001-07 2. William M. Palmer, agent for the owner spoke about the proposed plat and amendment. He distributed two maps of the proposal. 3. Scott Walker, Proponent-Oakridge Homes stated that it is important that the Council and the public understand that the developer has not changed the proposal for use or density and they intend to stay on course with this project. 4. Yvette Foldvik, stated that she would like a concrete fence built around the property for safety reasons. 5. All prior testimony and evidence admitted into the record for approval of Resolution 025-06 is hereby incorporated into the record on this proposal. FINDINGS AND CONCLUSIONS 1. The application SUBDIV 05-05, a PRO for 86 lots, was received on November 16, 2005. Kitsap County Assessor Information shows that Port Orchard 8.9 Partnership is the property owner. OakRidge Homes is the applicant/contract purchaser. 2. The Determination of Completeness was issued on December 12, 2005 3. The NOA/Notice of intent to issue the MONS was issued December 21, 2005, and the MONS was issued March 4, 2006. The MONS was revised in response to the applicant's submittal of the field survey conducted by a qualified biologist who identified and flagged the Ordinary High Water Mark (OHWM) of the Type 5 stream. The required 25ft. buffer from OHWM will now be measured from the actual location of the stream, rather from top of slope. (Condition #3 of the previous MONS was revised to address this issue. Also, Condition #6 referencing Blackjack Creek was deleted as it was not applicable for this development. Conditions 19-22 were deleted and incorporated into the Conditions of Approval.) Attached as Exhibit A. Site Conditions: 4. WDFW has classified the stream in the ravine as a Type 5 stream. WDFW does not support the placement of the stormwater pond within the stream channel. Hydraulic Project Approval will be required for any work that will affect the bed and/or flow of the Type 5 stream located onsite. 5. WDFW stated they would not issue HPA approval the construction of a stormwater pond within the stream channel nor the proposed tightlining of the stream to site a pond within the existing stream channel. The applicant has submitted revised drawings showing two storm water ponds located Resolution No. 007-07 Page 3 of 8 outside of the stream channel. The stormwater detention facility has been split and located outside of the stream bed. 6. HPA approval may be required of WDFW for any diversion of stormwater into the stream channel. 7. Water & Sewer are provided by the City of Port Orchard, and City water and sewer service is available to this parcel. Each home that connects to the City of Port Orchard water and sewer will be assessed connection and inspection fees. The exact fees for water and sewer will be assessed when each application is processed. Using the latest fee schedule, the total fees for water and sewer service would be approximately $5700.00 per home. 8. The site contains a Type 5 stream with an associated ravine that has been identified as a wildlife migration corridor. Filling this ravine would block this migration through the subject property. The ravine will not be filled as a part of the proposed development. The applicant is proposing to dedicate the ravine as open space, and provide a passive recreational amenity with the development of a pedestrian trail, after substantial grading of the site. No grading shall occur within required setbacks. 9. The site contains areas of 15 to 30 percent slopes and greater than 30 percent slopes, and as such is subject to a geologic hazard assessment, and geotechnical engineering evaluation for the proposed development. 10. A Geotechnical analysis was submitted by Geo Resources dated October 26, 2005. The analysis indicates that it is anticipated that the site is prone to seasonal "perched" groundwater conditions. 11. The Geotechnical analysis does not find that the site would be classified as a Geologically Hazardous Area. 12. The site is located in Seismic Zone 3, and according to Table 1615.1.1 of the IBC, the site soils may be characterized as Class D soils, the stiff soil profile. Structures located at the site that are constructed in accordance with the appropriate seismic criteria will have the same risk as other designed structures in the Puget Sound area. 13. Based on the geotechnical analysis, the site does not meet the technical criteria of an erosion hazard area. 14. Based on the results of the geologic assessment, the site is suitable for the proposed residential plat development. 15. Grading at the site is expected to be generally associated with the creation of level building sites. 16. The site contains a substantial number of significant trees. The tree replacement and restoration plan will need to be submitted and approved prior to the issuance of any grading and clearing on the site. All trees 36" in diameter or greater will have to receive Council approval prior to removal. Traffic: 17. Primary streets serving the site are two-lane arterials and multi-lane major arterials. Melcher Street is a two-lane east-west road that borders the south edge of the project. Lane widths are roughly lO- ll feet, with gravel shoulders. 18. Pottery Avenue is a north-south, two-lane major roadway that lies to the north of the site with land widths of 11 feet. Shoulders are either 8 feet wide transitioning to curb/gutter/sidewalks, or composed of grass and gravel. 19. Tremont Street is an east-west, two to four-lane major roadway that lies to the south of the site. Turn lanes are provided at the major intersections. Lane widths are 12 feet with 8 ft. paved shoulders. 20. Sherman Avenue/Hull Avenue is a north-south two-lane roadway that lies to the east of the project with lane widths of 10 to 12 feet. Shoulders range from grass/gravel to wide paved shoulders for street side parking. 21. Port Orchard Boulevard is a two to three-lane arterial that lies to the east of the project with 12 foot lanes plus bike lanes. 22. SR-166 or Bay Street is an east-west State Route that lies to the north of the project. 23. The nearest transit service line is provided along Tremont Street. No trip reductions are used in forecasting future traffic conditions due to provided transit service. Resolution No. 007-07 Page 4 of 8 24. The proposed access location has adequate sight distance to the west, however sight to the east is insufficient at roughly 150 feet. 25. Roughly 565 daily trips would be created on a typical weekday of which approximately 54 trips are expected into and out of the site during the PM peak hour. During the AM peak hour, 46 total trips are expected to be generated. 26. Heavy traffic volumes currently exist on the Tremont Street and SR-166 corridors, with low to heavy delays for the key intersections. 27. Future traffic due to the proposed project would cause some increases in delays to the key intersections. 28. Forest Song is expected to add 27 new PM peak hour trips to the Pottery Ave/Tremont St. intersection. 29. Forest Song is expected to add 27 new PM peak hour trips to the SR-166/Port Orchard Blvd. intersection. 30. A left turn lane is not needed at the project entrance on Melcher. 31. The Traffic Study submitted with the application identifies problems with site distance at the proposed entrance on Melcher Street. The Council discussed this issue with the applicant at the public hearing and the applicant has agreed to move the entrance further to the west on Melcher Street as recommended in the Traffic Study. The final location will be determined by the City Engineer and is incorporated in the conditions of approval. 32. The City is in the process of analyzing and designing a project to widen and reconstruct Tremont Street from Port Orchard Blvd. to SR-16 to provide four travel lanes, with curb/gutter and sidewalks. 33. Pottery/Tremont and SR-166.Port Orchard Blvd may be expected to have LOS D to LOS F delays by the 2008 horizon year. The intersection at Pottery and Tremont are currently being reviewed under the Tremont Corridor project. 34. Pottery Avenue from Tremont to Melcher St. is to be widened for a length of 0.4 miles; 35. Melcher Street from Pottery Ave to Sherman Ave is to be reconstructed for a length of 0.3 miles. 36. A sidewalk is to be constructed on one side of Port Orchard Boulevard from Bay St. to Tremont St. for a length of 1.1 miles. 37. The applicant agreed that the existing access to the properties north of the site known as Hill Avenue shall be left undisturbed. 38. The applicant agreed to provide additional right-of-way on Sherman Avenue, between Melcher Street and Hull Avenue, for a 12 foot wide roadway plus a 5 foot wide sidewalk with curb and gutter, and to construct said improvements. 39. The Council further finds that a gated entry is not in the public interest. Land Use/Zoning: 40. The applicant has requested an exemption from the height restriction in the View Ordinance and the Council finds and concludes that the requirements set forth in Section 12(3) of the View Ordinance have been met. 41. The purpose of the R20 zone is to allow high density residential development in urban locations where public services and facilities are most available; and to implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and to efficiently use residential land, public services, and energy. Townhouse developments are appropriate in this zone. (Chapter B1, Section 7). 42. The development is being reviewed under the provisions of a PRD as required by the Comprehensive Plan Land Use Element Pg VI-9 (4). 43. The density is determined by net useable acre (total site area less sensitive environmental features and dedications) multiplied by 20. The site is 9.52 acres. Approximately 20% (1.85-acres) of the site is constrained by steep slopes (30% or greater). Right-of-way and parking consists of 2.48-acres. Onsite storm water detention facilities consist of approximately .11-acres. The zoning for this site would support 101 dwelling units. Resolution No. 007-07 Page 5 of 8 44. The minimum lot area required for property proposed for a planned residential development is one acre. The proposal of 9.52 acres complies with this requirement (Chapter B5, Section 4d). 45. The proposed PRO provides a variety of lot sizes. The provision of alleys and designs which incorporate parking at the rear is not appropriate on the subject parcel because the presence of the deep ravine and a Type 5 stream requires that development be located outside of these areas. Allowing clustering of the area for development reduces the total impervious surface and directs it to more suitable locations within the project site. Site Plan/PRO: 46. The applicant has addressed Chapter B3, Section 6B (See Attachment-Exhibit B) with the following: 1) Benefit the community more than if the project complied with the established standards, guidelines, and policies ... Staff response: PRO review is required by the Comprehensive Plan Land Use Element VI-9(4) "Multi-family dwellings will be reviewed under provision for Planned Residential Developments (PRO) for their ability to require careful design, provide needed pedestrian access ways, and preserve identified important community characteristics including view corridors, shorelines, and wetland areas". 2) Clearly specify residential and other land uses through detailed site plans, lot layouts, and building elevations ... Staff response: Lot layouts are provided on detailed site plans illustrating setbacks, vehicular circulation, visitor parking, pedestrian amenities, and landscaping. 3) preserve unique or sensitive physical features such as steep slopes and views, and retain natural vegetation ... Staff response: There is a natural ravine transecting the site. An objective of the proposed site layout was to avoid disturbing the area as much as possible, while enhancing passive recreational opportunities such as views and the placement of passive nature trails along the edges of the ravine. Stormwater facilities have been located outside of the stream channel, and the site design has incorporated appropriate mitigation in response to agency concerns. 4) Provide more open space and recreational amenities than would be available under conventional land development practices ... Staff response: The zoning ordinance density and dimensions tables require 15% of the site coverage to consist of landscape softscape areas. These areas include perimeter buffers, parking lot plantings and other landscape with soils or natural surfaces. Approximately 17-18% of the site area is proposed as open space in common ownership, and most of it will be useable for either passive or active recreational pursuits. 5) Utilize creative design techniques to promote an uncluttered appearance such as a variety of lot sizes, parking at the rear of sites and the provision of alleys, ... Staff response: The site is constrained by the NS stream and ravine area. Impervious surfaces should be kept to a minimum, and therefore, the provision of alleys is discouraged for this site. The proposed development clusters housing away from the critical ravine area, and the unit clusters are broken with open space strips. Preliminary concepts of the architectural designs included recessed garages, and extended porches providing for a more pedestrian friendly appearance. 6) Specifically demonstrate its benefit to the surrounding neighborhood and community at large . Resolution No. 007-07 Page 6 of 8 Staff response: The proposal will provide additional housing opportunities within the City that are currently limited in number of single family residential units available and with an alternative design. 7) Specify the phasing of the development of a site ... Staff response: Phasing of the development is not being proposed. 8) Provide public facility sites or improvements, such as road improvements, utilities, parks, or open space ... Staff response: The applicant will be required to do frontage improvements, extend water and sewer to this property, and dedicate frontage to the public right-of-way as requested by the City Engineer. Passive recreation in the form of trails and exercise stations are being proposed in the natural buffer area and one on site tot lot at the north end of the development. Based upon the above findings, the City Council of the City of Port Orchard makes the following conclusions: 1. The proposed subdivision is consistent with the Comprehensive Plan. 2. The proposed site plan is consistent with the PRD provisions of the zoning Ordinance. 3. The proposed development meets minimum requirements of the City's Stormwater Manual. 4. The proposed Preliminary Plat meets minimum requirements of the City's Subdivision requirements. 5. The proposed development, as conditioned, will provide for additional housing opportunities for the citizens of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON HEREBY RESOLVES AS FOLLOWS: THAT conditions of approval shall be met as follows: CONDITIONS OF APPROVAL: 1. All SEPA conditions s hall be met as outlined in the revised MDNS issued March 14, 2006. (Attached as Exhibit A) 2. All conditions identified by City Departments and other agencies must be met prior to the approval of final construction plans. 3. Prior to Final Construction Plan approval, the Landscape Plan must be revised and approved meeting the provisions of Chapter C4. 4. Except for areas of undisturbed existing vegetation or low areas with existing high soil moisture conditions, landscape areas shall have temporary irrigation systems. Such systems may be removed after 24 months or 2 growing seasons, whichever occurs first, provided that the plantings are established. 5. Prior to Certificate of Occupancy, the landscaping must be bonded according to provisions of Chapter C4, Section 22. The landscape bond is subject to approval by the City Attorney. 6. A separate sign permit is required for any signage proposals. 7. Address numbers shall be visible from the street, and installed prior to Certificate of Occupancy. 8. At least one on-site hydrant will be required to supply the fire protection systems. One hydrant is located at the corner of Sherman and Melcher. 9. Maximum spacing of fire hydrants is 600 feet between hydrants, if all buildings are protected by an approved automatic fire sprinkler system. For buildings of 9,408 square feet (2 floors of the largest building footprint), and of Type V-B construction, a minimum fire flow of 1,500 gallons per minute, Resolution No. 007-07 Page 7 of 8 measured at a residual pressure of 20 p.s.i., is required. A minimum of 2 fire hydrants will be required to provide this fire flow. 10. Fire hydrants shall be located no closer than 40 feet of the building to be protected. 11. The plans do not indicate utilities. Access to on-site fire hydrant(s) and fire department connections are required and must consist of the following: a. The turning radius of a fire apparatus access road shall be a minimum of 35 feet inside diameter and 48 feet outside diameter. b. Before any combustible construction related to this project is initiated, the fire hydrants and access roads shall be installed and approved by SKFR and the City of Port Orchard. Access roads shall be provided for all structures more than 150 feet from a public access road. Access roads shall be a minimum of 20 feet in unobstructed width, be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds) and must have a surface that provides all-weather driving capabilities. c. Buildings shall be constructed in accordance with the provisions of the International Fire Code, and the International Building Code, as adopted and enforced by the City of Port Orchard. All construction shall be in accordance with Chapter 14, Fire Safety During Construction, Alteration or Demolition of a Building. 12. 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. 13. 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. 14. The design of the Stormwater quality control facility will be in accordance with Chapter 6 of the City of Port Orchard Stormwater Design Manual, or the Engineer of Record shall design the Storm Filter to meet Department of Ecology minimum standards for Basic Water Quality treatment. 15. All stormwater system improvements will be completed prior to issuance of any building permit applications. 16. The Engineer of Record shall certify that the as-built live and dead storage detention pond volumes meet the design criteria. The Engineer of Record shall verify that soils are compatible with the detention ponds. 17. Appropriate measures shall be incorporated into the design of the Stormwater detention facility to preclude potential erosion problems at the toe of the detention pond. Any proposed undergrounding of Stormwater detention facilities will require structural design calculation be submitted to the City prior to site development. 18. The Contractor is responsible for permanent stabilization and restoration of the project site. 19. The applicant shall submit the Operation and Maintenance Manual for review and acceptance by the Department of Public Works prior to Final Inspection. The Manual shall be prepared by a Professional Engineer and meet the requirements of Public Works. 20. Prior to final plan approval, Construction Plans shall be submitted and approved by the City Engineer for all road improvements. 21. Site access shall meet the minimum site distance set forth in the traffic report prepared for this project. Site access shall be subject to the approval of the City Engineer. 22. Internal roads shall allow for pedestrian connectivity from Sherman to Melcher. 23. Downstream analysis of the Stormwater discharge to Melcher shall be submitted with the Stormwater permit application. 24. Applicant has agreed to and shall provide a passive recreational amenity with the development of a pedestrian trail and Tot Lot, after substantial grading of the site. No grading shall occur within required setbacks. A maintenance agreement for the proposed recreational trail and Tot Lot needs to be noted on the final plat and submitted with the comprehensive recreation plan as required under Condition 5 of the MDNS. The comprehensive plan shall include the location and Resolution No. 007-07 Page 8 of 8 32. The applicant shall provide additional right of way on Sherman Avenue, between Melcher Street and Hull Avenue, for a 12 foot wide roadway plus a 5 foot wide sidewalk with curb and gutter, (half street frontage improvements) and shall construct said improvements. 33. In the southwest corner of the plat, where the streambed is being proposed to be moved to the east, the 25 foot buffer around the streambed shall be moved as well. 34. All interior roads shall be constructed in accordance with City road standards. 35. There shall be no gated entry to the development. 36. No significant trees of 36 inches or greater in diameter shall be removed until the applicant has received Council approval to do so. 37. A significant tree replacement/retention plan shall be submitted with the clearing and grading permit. The plan must be approved by the Planning Department prior to any clearing and grading taking place on the site and before application for the Forest Practice Permit from the Washington Department of Natural Resources. 38. The project is exempt from the requirements of the View Ordinance. 39. No grading shall occur within the 25 foot setback required for the Type 5 stream that runs through the middle of the property. 40. A six foot solid board fence shall be installed around the perimeter of the plat. 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 12th day of March 2007. f::!;_~ E ·.~ LNf}Lu)u_QJLp ~':() Kim Abel, Mayor Michelle Merlino. City Clerk Exhibit "A" NOTICE OF APPLICATION AND ISSUANCE OF A REVISED DETERMINATION OF NON-SIGNIFICANCE (MONS) FOR AN AMENDMENT TO FOREST SONG, PRELIMINARY PLAT/PRO PROPOSAL: The proposal is to construct 86 townhomes on a forested 9.52 acre site containing steep slopes, a drainage swale, and significant trees. The site will be accessed off of Melcher Street and will provide for approximately 138 on-site residential parking spaces and 18 guest parking spaces. Approximately 24,000 cubic yards of filling and grading will take place during the project. The parcel is located in an area designated Residential High Density in the Comprehensive Plan and zone Residential 20 (R20). The proposal also includes a request from height restrictions in the View Protection Ordinance. PROPONENT: Oakridge Homes 1620 26th Street, Suite A Gig Harbor, WA 98335 AGENT: William M. Palmer, W.M. Palmer Consultants P.O. Box 6 Port Orchard, WA 98366 LOCATION OF PROPOSAL: The subject property is located within the City of Port Orchard, at the northwest intersection of Melcher Street and Sherman Avenue, or in the NW "\4 Section, T24N, R1 E, W.M. Parcel Number: 352401-023-2005. LEAD AGENCY: City of Port Orchard DETERMINATION: The responsible official of the City of Port Orchard hereby issues a Determination of Non-Significance with mitigation (MONS) in accordance with the requirements of SEPA. The mitigation measures are based upon information submitted by the applicant in the Environmental Checklist; the Storm Drainage Report; the Traffic Study; the Geotechnical Analysis; and the site plans. The City makes this environmental determination on the project based upon the City of Port Orchard Comprehensive Plan, SEPA guidelines, Port Orchard Critical Areas Ordinance, and other Municipal policies, plans, rules and regulations designated as a basis for the exercise of substantive authority of the Washington SEPA Rules pursuant to R.C.W. 43.21C.060. The City of Port Orchard, the lead agency, has reviewed comments from other agencies and has determined that this proposal does not have a probable significant adverse impact on the environment and an environmental impact statement (EIS) is not required under RCW 43.21 C.030(2)(c). MITIGATION: 1. Hydraulic Project Approval (HPA) is required for the storm outfall on this project. The Washington Department of Fish and Wildlife states that the HPA will address the new road crossing and all of the proposed trail crossings of the Type NS (Type 5) stream. The trail crossings shall be kept to a minimum. Any stream channel relocation and/or stormwater outfalls discharging directly to the stream will also need to be covered under the HPA. The applicant shall adhere to all conditions of the Hydraulic Project Approval (HPA) issued by the State Fish & Wildlife for this project. A copy of the final approval shall be submitted to the City of Port Orchard prior to approval of any clearing, grading, demolition or construction taking place on this project. 2. The WTM report recommendations will leave an almost entirely clearcut lot. Plantings for significant tree mitigation should be directed within the stream buffer as well as other open space and/or park areas. Neighborhood landscaping should include native trees and shrubs to mitigate for impacts to wildlife habitat (removal of existing mature habitat). 3. A Type NS (Type 5) stream crosses through the middle of the property. A Type 5 stream requires a 25ft. natural buffer area from top of slope in a steep ravine with a 15ft. building setback from the natural buffer for a total of 40 ft. from Ordinary High Water Mark of the stream. The stream buffers shall be surveyed prior to clearing, grading, or construction taking place on the site. The only structures to be allowed in the natural buffer area are the passive recreation trails and stations shown on the site plan. All fences, retaining walls, and/or other structures must be located behind the 25ft natural buffer area. from top of slope. 4. In accordance with Port Orchard Critical Areas Ordinance, all buffers shall be temporarily fenced with silt fencing and properly marked in the field prior to start of construction on the site. The fencing shall remain in place through all phases of construction until the project has been completed. 5. A comprehensive plan identifying exact location of proposed trails, construction materials to be used for stream crossings, and details on exercise stations shall be submitted with the landscaping plans and the tree mitigation planting plan. No permits for clearing, grading, or tree cutting shall be issued until all plans have been submitted and approved by the City Planning Department and State Fish and Wildlife. 6. No fertilizers or pesticides shall be applied in or near Blackjack Creek or the required 200 ft. natural buffer. A note shall be placed on the face of the plat identifying this requirement. 7. The applicants shall file a "Critical Area and Buffer Notice to Title" with the Kitsap County Auditor to identify the location of the creek and the natural buffer areas and location of the steep slopes and any other critical areas and associated buffers on the project site. The notice to title must be filed with the final plat and a note placed Page 1 on the face of the plat. The notice to title will be required for each lot within the plat that contains a critical area. Copies of the notices shall be submitted to the City for the record. 8. A tree retention and replacement plan is required for this proposal. The applicant has submitted a report that identifies most trees will be removed from the site. A final retention and replacement plan shall be submitted and approved prior to approval for any clearing, grading, or site development permits being issued on this property. The plan shall identify where planting will take place on the site, the number of trees to be replaced at a 3-1 ratio, and the total numbers and species of native trees to be planted. Removal of any significant tree of 36 inches or greater must be approved by the City Council. No significant trees shall be removed from the natural buffer area. 9. If additional plantings are to be placed within the natural buffer area as the result of the approved Mitigation Plan, the performance bond shall indicate that a three-year monitoring plan will be required for this area. 10. A Forest Practice Permit will be required by the State Department of Natural Resources (DNR). A copy of the approved permit from DNR shall be submitted to the Planning Department for the file. 11. The final landscaping and planting plan must meet the specifications outlined in the City of Port Orchard Zoning Ordinance and approved by the Planning Department prior to implementation. 12. A Performance Bond shall be submitted and approved by the City Planning Department on the final tree retention/replacement and landscaping plan for the plat. The monitoring of the landscaped areas shall continue for a two-year period as required by the City. Copies of the annual monitoring shall be submitted to the City for their records. 13. If any cultural or archeological items are identified or uncovered during any phase of clearing, grading, demolition, site development or construction of the houses, 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. 14. Proper erosion and sedimentation control measures, Best Management Practices (BMPs), must be designed and accepted by the City prior to issuance of clearing and grading permits for the project. 15. All required stormwater detention and water quality systems must be designed and approved in accordance with the City of Port Orchard Stormwater Management standards. 16. Relocation of the stream shall be done per Washington State Department of Fish and Wildlife requirements as part of the HPA approval. Enhancement of the stream corridor may be required. 17. Downstream drainage analysis shall be conducted on the East basin outfall to determine improvements that may be required. 18. Drainage from the rooftop and foundation drainage shall be tightlined into an approved stormwater system . .:t-9,. Half street frontage improvements are required along Molohor. Tho improvements shall bring tho road to "aoooss road" standards and inoludo ourb, gutter, sidewall<, paving, and illumination. 20. Dodioation of 10 foot of Right of V·iay along Molohor and 15 foot along Sherman is required. 21. Internal roads shall moot "feeder road" standards inoluding illumination. 22. Private driveway on Sherman shall bo realigned to moot development standards. 23. The applicant shall provide traffic mitigation fees pro-rata towards improvements of the intersections at Tremont and Pottery, and Port Orchard Boulevard and State Route 166 prior to obtaining a development permit. COMMENT PERIOD: This Determination of Non-Significance with mitigation (MONS) is issued December 2, 2006 under WAC 197-11-355 with a 14-day comment period, which would be December 15, 2006. APPEAL PERIOD: One may file an appeal within ten (1 0) days from the date of the final approval of the MONS and the comment period, which would be December 26, 2006. Any appeal of this determination must be filed with the appropriate appeal fee of $250.00. Page 2 FOREST SONG TOWN tiOME VILLAGE PRELIMINARY PLAT I PLANNED RESIDENTIAL DEVELOPMENT CODE CRITERIA I RESPONSE PER CHAPTER B3-Section 6(b): 1) benefit the community more than if ,the project complied with the established standards, guidelines, and policies, and Comment: lv1ultlp.le-famlly res1dentlal projects are typ1cally are planned m accordance w1th planned res1dent1al development gu1delmes. Th1s ts true e1ther because there are several bulidmgs planned for a smg!e stte or because tbere 1s a dusterm<J of buildmgs on a ser1es of lots as m the case of attached housmg projects. In th1s case the proposal 1s for attached housmg -most commonly referred to as Town Homes. Whereas the proposed project 1s not a-typ1cal as far as multiple family res1denttal projects cjO, 1t does mcorporate a substantial amount of common open space. The lots are small, but the prov1s1on of common or)en space benef1ts all of the future restdents-e1ther because there are v1ews mto the open space area or because of the availability of that port1on of the proJeCt for pass1ve and act1ve recreational pursu1ts. An added benef1t to the common open space m th1s project IS the ab11ity to mamtam attnbutes of a natural dramage corndor through the s1te and F'reserve ex1sttng trees w1thm the dramage channel. R.egardmg the latter, 25 foot setbacks are mamtamed on e1ther s1de of the dra1nage channel to buffer as much as poss1ble the mtegr1ty of the channel. 2) dearly specify residential and other land uses through detailed site plans, lot layouts, and building elevations, and/or Comment: Observable on the attached stte plan are both lot layouts and structure pos1t1ons. Whtle the footprmts of the structures may not be as shown on the plan, there are key features that show penmeter setbacks. For example, all front yard setbacks are set at 20 feet. S1de yard setback.? for the vanous buildmg comf?lexes are shown at 5 feet. R.ear yards m most mstances Will be at least I 0 feet deep, most will have a I 5 foot setback and some un1ts Will be 20 feet or more. Buildmg elevations are not mcluded as part of the tmtlal application mater1als as the two-un1t, three-un1t, four-un1t and f1ve-un1t bulldmgs are 1n the des1gn development phase. Ref?resentatlve elevat1ons and floor plans may be available before the City's land use af?proval phase 1s complete. 3) preserve unique or sensitive physical features such as steep slopes and views, and retain natural vegetation, and/or Comment: Questions I Responses Page 2 As mentioned 111 the response to quest1on I , there IS a natural ravme that has 1ts begmnmgs on the subject pmperty and becomes deeper and more pronounced north of the s1te. The objeCtive reflected m the attached plan 1s to d1sturb th1s ravme and the ex1stmg vegetation as l1ttle as poss1ble. H.owever, 1t 1s clear upon close mspectlon of the attached plan that there are several 1mprovernents planned 111 the ravme. Along the west and east s1des therewill be rock reta1111ng walls to prov1de for relat1vely level lots and thus bulldmcJ s1tes. Ou1te obv1ous, 1s the proposed storm water detent1on pond located near the curve 1n the road m the western part of the s1te. The only other 1mprovements are of a recreational nature as there are trails planned to connect the tot lot and four exerc1se stat1ons located along the edges of the rav1ne. The trails shown also connect w1th Sidewalks planned along the road edges, whtch 111 turn connect to both extenor streets-Melcher and Sherman I Hull Streets. 4) provide more open space and recreational amenities than would be available under conventional land development practices, and/or Comment: Most smgle-farnily detached dwellmg umts m what m1ght be termed a standard subdiVISIOn rarely mclude open space tracts and recreational ame111t1es. Such features are poss1ble 111 a Planned Res1dentl.al Development (PRD), because of the clustenng proviSions and the flex1ble setback proviSions allowed 1n a PRD. As mentioned, a l1ttle more than I 7% of th1s s1te IS planned to be placed 1n common ownership and most of 1t will be useable for e1ther pass1ve or act1ve recreational purSUitS. 5) utilize creative design techniques to promote and uncluttered appearance such as a variety of lot sizes, parking at the rear of sites and the provision of alleys, and/or Comment: Several of the 1tems listed above are not part of th1s proposed project, parking at the rear of the s1tes and proviSIOn of alleys 1s not an econom1cally v1able concept 111 the context of th1s development as they are land consumptive. The Res1denbal 20 Zone 1s meant to prov1de for dense housmg poss1bil1tles, e1ther apartment buildmgs or as 1s the case here attached housmg. Because there was concern about a "row housmg" look that 1S mamfest 111 places like New York City, Boston, and San Franc1sco, un1t clusters are broken w1th 5 foot w1de open space stnps. These stnps when v1ewed w1th the buildmg setbacks will g1ve the appearance of a I 5 foot w1de landscape corndor between bulidmg groups. In three mstances there the m1ddle space 1s Wider than 5 feet, th1s will have the effect of prov1dmg a larger' v1sual break between buildmgs. Ouest1ons I Responses r'age 3 6) specifically demonstrate its benefit to the surround neighborhood and community at large, and/or Comment: The benef1t to the ne1ghborhood and communtty lies in the open space tract. Were thts property to be d1v1ded Without utll!zmg the PRD provts1ons of the code, there would be no open space tract and no mternal recreation opportumttes. Attached housmg 1s p'ermtsstble on th1s stte wtthout the provtston of common open space. See Chapter B I, Section G. Even though most of the trees on the s1te wtll be removed to make room for the town homes, parkmg areas and the mternal road system, there will be penmeter tree plantmgs. In the penmeter areas every effort will be made to preserve stgn1f1cant ex1stmg trees. Never-the-less 1t 1s expected that there Will be new plantmgs. New tree spectes (many matchmg tree types now found on the stte) wtll be planted m quantities exceedmg 150, the maJonty of wf11ch w11! be planted m the penmeters of the s1te. Also, once the town homes are constructed, there will be spectmen tree and shrub plantm~.3s on each lot. Ove1·all there will be a net beneftt to the ne1ghborhood wtth the planned tr·ee plantings and the retentton of ex1stmg trees and vegetation 1n the ravme area of the s1te. Note: At thts time, no new tree plantmgs are planned along the western boundary of the property (or tndtvtdual lots). There 1s an easement along thts boundary that grants access to properties lymg adJacent to the stte on the north. Th1s easement precludes plantmg tree along the western border. Should 1t become practical to relocate th1s easement at pnor to pt'OJect development trees would be planted along the western boundary of the s1te. 7) specify the phasing of the development of a site, and/or Comment: At thts time there are no plans to develop the proposed proJect m phases. However, 1f such dectston 1s made later, 1t 1s hkely that there will be no more than two dtvtstons-a west and east diVISIOn. In all probab1hty, if the project were developed il1 phases, the ravme open space area would be attached to the first d!VISi011. 8) provide public fad lity sites or improvements, such as road improvements, utilities, parks, or open space. Comment: The proposed proJect Will be connected to the City's publtc water and samtary sewer factlrttes wtth connections made on both Melcher Street and Sherman Avenue. Storm water detention will be accomf?ltshed on the s1te w1th release m to the ex1stmg dramage channel. Questions I Responses Page 4 There will be ten feet of additional nght-of-way ded1cated to the City along Melcher Street to prov1de more space for near and long term nght-of-way improvements. Ingress I egress to the subject property will requ1re a modification of the ex1sttng pavement to tmplement the requ1red rad1us turns. Comments about open space have been recorded 1n the response to the above quest1ons.