015-07 - Resolution - Remove Three Significant Trees for Preliminary Plat of Horstman HeightsRESOLUTION NO. 015-07
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON APPROVING A REQUEST BY OLYMPIC
DEVELOPMENT LLC, TO REMOVE THREE SIGNIFICANT TREES
GREATER THAN 36 INCHES IN DIAMETER ON A 10.92 ACRE
PROPERTY IN ORDER TO ACCOMMODATE THE PRELIMINARY
PLAT OF HORSTMAN HEIGHTS.
Tax Account No. 302402-3-025-2005
Legal Description: The NW 114 of the SW% Section 30, Township 24N,
Range 2E., W.M., Kitsap County, Washington
WHEREAS, on September 25, 2006, by Resolution No. 035-06, the City
Council of the City of Port Orchard approved the preliminary plat known as "Horstman
Heights;" and
WHEREAS, Applicant Olympic Development has submitted a request to
remove three significant trees which have a diameter at breast height (DBH) of 36
inches or greater; and
WHEREAS, pursuant to the provisions of the City's Zoning Ordinance at
Chapter C4, Section 15-17, the request requires City Council approval; and
WHEREAS, on April 23, 2007, the City Council held the required public
hearing in accordance with the criteria set forth in Chapter C4, Section 15-17:
"Significant tree definition, retention, retention plan;" of Zoning Ordinance 1748 of the
City of Port Orchard; and
WHEREAS, the City Council took testimony, reviewed materials and
considered all information presented, and recommended approval, with conditions to
allow for the removal of three significant trees of 36 inches or greater in diameter at
the Horstman Heights site; and
WHEREAS, the proposed purpose of this request is to remove three
significant tree in an area where future grading and clearing must take place to develop
homesites for the approved preliminary plat of Horstman Heights; and
WHEREAS, being fully advised, the City Council finds and concludes as
follows:
TESTIMONY AND EXHIBITS
Resolution No. 015-07
Page 2 of 3
The Council bases its findings and conclusions upon the following Exhibits and
testimony from the applicants' representative found to be relevant, credible, and
persuasive.
1. The following documents were admitted into the record:
a. City Council Agenda Staff Report dated April 23, 2007, inclusive of
all attachments.
b. Site Plan.
2. Presentation of staff at the hearing.
3. At the hearing held on April 23, 3007, the Council took testimony from
the applicants representative, Mr. Nels Rosendahl.
4. No other public testimony was offered.
FINDINGS AND CONCLUSIONS
Based on the above testimony and exhibits, the City Council finds and concludes
as follows:
Findings:
1.
2.
3.
4.
5.
6.
The parcel is located in an area zoned Residential 20, which allows the
development of the Horstman Heights subdivision, as proposed.
An application for an excavation, clearing and grading permit was
received on June 22, 2006.
It was identified during the review process that there were several
significant trees located on the west side of the 10.92 acre site, three of
which were 36 inches or greater in diameter.
Of the three trees which are the subject of this request: the first three is a
big-leaf maple would need to be removed to allow construction of a house
on Lot 44; the second tree, which is also a big-leaf maples in tract A
would "rain" on proposed houses; and third three, which is a cedar tree in
Tract F, will probably not survive the grading process.
The applicant has submitted a site plan that identifies where the trees are
located and the area where replacement trees will be placed. The review,
approval, and conditioning of the final landscaping plan, including the tree
replacement plan, will be reviewed through the
clearing/grading/excavation permitting process.
Chapter C4, Section 16 of the Zoning Ordinance outlines the requirements
for significant tree removal of caliper 36 inches or greater.
Resolution No. 015-07
Page 3 of 3
7. The applicant is proposing to remove one significant tree of 38 inches and
grade within the drip line of one 37-inch tree. They are proposing to
replace the tree at a 3:1 ratio as required by the ordinance, in addition to
the replacement of other significant trees on the property.
Conclusions:
1. The proposed use of the property is in compliance with the
Comprehensive Plan.
2. The proposed removal of significant trees 36 inch and greater in diameter
will be replaced at a 3:1 ratio in accordance with the criteria outlined in
Chapter C4, Section 16.
3. The amount of grading and the circumference of the grading are
necessary to provide enough space to develop the 54 homes and roads
associated with the Horstman Heights plat.
4. The City Council finds that the proposed use cannot reasonably
accommodate the retention of these three significant trees
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON HEREBY RESOLVES AS FOLLOWS:
THAT: Applicant's request to remove the three identified significant trees
is approved. Applicant shall replace the trees in accordance with Chapter
C4, Section 20 of the City's Zoning Ordinance.
THAT: Applicant shall abide by all other requirements of Chapter C4,
Sections 15-21 (Significant Tree provisions) of the City's Zoning
Ordinance.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage this 14th day of May 2007. vc ~· //1 (} f~ . ._...,i-ht. . J,q-);u:..,(
KIM E. ABEL, MAYOR
~TTEST:
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Michelle Merlino, City Clerk