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018-07 - Resolution - Request to Remove Ten Significant TreesRESOLUTION NO. 018-07 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING A REQUEST BY OAKRIDGE HOMES TO REMOVE TEN SIGNIFICANT TREES GREATER THAN 36 INCHES IN DIAMETER ON A 9.52 ACRE PROPERTY IN ORDER TO ACCOMMODATE THE PRELIMINARY PLAT/PRD OF FOREST SONG. Tax Account No. 352401-4-023-2005 Legal Description: The NE 1f4 of Section 35, Township 24N, Range 1E., W.M., Kitsap County, Washington WHEREAS, on July 10, 2006, by Resolution No. 025-06, the City Council of the City of Port Orchard approved the preliminary plat/planned residential development known as "Forest Song;" and WHEREAS, on March 12, 2007 by Resolution No. 007-07, the City Council of the City of Port Orchard approved an amendment to the preliminary plat/planned residential development known as Forest Song, to allow changes in location of buffers from a Type 5 stream; and WHEREAS, Applicant Oakridge Homes has submitted a request to remove ten 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 July 9, 2007, the City Council held the required public meeting 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 ten significant trees of 36 inches or greater in diameter at the Forest Song site; and WHEREAS, the proposed purpose of this request is to remove ten significant trees in an area where future grading and clearing must take place to develop homesites for the approved preliminary plat/planned residential development of Forest Song; and 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 from the applicants' representative found to be relevant, credible, and persuasive. 1. The following documents were admitted into the record: Resolution No. 018-07 Page 2 of 3 a. City Council Agenda Staff Report dated July 9, 2007, inclusive of all attachments. b. Site Plan. 2. Presentation of staff at the hearing. 3. At the hearing held on July 9, 3007, the Council took testimony from the applicants representative, William H. Palmer. 3. 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. The parcel is located in an area zoned Residential 20, which allows the development of the Forest Song subdivision, as proposed. 2. It was identified during the review process that there were several significant trees located on the 9.52 acre site, ten of which were 36 inches or greater in diameter. 4. Of the ten trees which are the subject of this request: several are large cedar trees that would need to be removed to allow construction of several townhomes on the northwest border of the project; several big-leaf maples in the south and southeast area of the plat where access roads and some townhomes are proposed; and the rest along the east and northeast border to allow for both townhomes, parking areas, and roads. 5. 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. 6. Chapter C4, Section 16 of the Zoning Ordinance outlines the requirements for significant tree removal of caliper 36 inches or greater. 7. The applicant is proposing to remove ten significant trees of 36-40 inches throughout the development. Significant grading will take place on the parcel and some of these trees would be impacted by the grading and construction of the roads within the plat. 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 86 townhomes and roads associated with the Forest Song plat/planned residential development. 4. The City Council finds that the proposed use cannot reasonably accommodate the retention of these three significant trees. Resolution No. 018-07 Page 3 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON HEREBY RESOLVES AS FOLLOWS: THAT: Applicant's request to remove the ten identified significant trees is approved. Applicant shall replace the trees in accordance with Chapter C4, Section 20 of the Cityfs Zoning Ordinance. THAT: Applicant shall abide by all other requirements of Chapter C4, Sections 15-21 (Significant Tree provisions) of the Cityfs 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 23rd day of July 2007. Jt~. $-.~ ' KIM E. ABEL, MAYOR ATTEST: ~ Michelle Merlino, City Clerk