005-08 - Resolution - Approving Pottery Avenue Preliminary PlatRESOLUTION NO. 005-08
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING WITH CONDillONS THE POTTERY AVENUE
PRELIMINARY PLAT/PRO
WHEREAS, the property owner has filed an application with the City (SUBDIV
07-01/PRD) for a preliminary plat and planned residential development to allow for the division
of 1.68 acres into 10 single family residential lots for real property legally described in Exhibit A,
said property being identified as Kitsap County Assessor Tax Parcel Numbers 352401-2-061-
2008 and 352401-2-062-2007; and
WHEREAS, the application was processed as described in Port Orchard Planning
Commission Resolution 014-07 attached hereto as Exhibit B; and
WHEREAS, the Planning Commission has recommended that the City Council
approve with conditions the application for preliminary plat j PRD; and
WHEREAS, on December 10, 2007 and January 14, 2008 the City Council held
public hearings on the application and heard public testimony; and
WHEREAS, being fully advised the City Council finds and concludes as follows:
TESTIMONY AND EXHIBITS
The Council bases its Findings and Conclusions on the following Exhibits and Testimony:
The Council bases its Findings and Conclusions on the following Exhibits and Testimony:
1. The following documents were admitted into the record as exhibits:
a. Agenda Staff Report and attachments dated December 10, 2007 and January
14, 2008.
b. Planning Commission Resolution No. 014-07 and all supporting documents.
c. Planning Commission Staff Report dated October 15 and November 19, 2007.
d. Application Packet.
e. Wetland Impact Analysis (April 10, 2007; Wiltermood Associates Inc.)
f. SEPA Notice.
g. Notice to Adjacent Property Owners.
2. Director Long-Woods presented the Staff Report on December 10, 2007. Public
Works Director Abed presented the Staff Report on January 14, 2008.
3. Testimony of Norm Olson, N.L. Olson & Associates, on behalf of the applicant
regarding site design, significant trees, and drainage facilities.
4. Testimony of Dana Harmon, regarding concern about the removal of significant
trees.
5. Testimony of Peggy Stewart regarding environmental concerns and traffic on Pottery
Avenue
6. Testimony of Brent Lovick, adjacent property owner, expressing concerns with the lot
sizes and the environmental impacts on the wetland.
7. Testimony of Alan Stewart, regarding the number of homes to be built on the
property.
Resolution No. 005-08
Page 2 of 9
FINDINGS AND CONCLUSIONS
NOW, WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The preliminary plat and planned residential development applications are
hereby approved, subject to the conditions set forth in Planning Commission Resolution 014-07
(Exhibit B), except as modified below.
Section 2. Finding 15 is modified to delete "even though it does not comply with the
Comprehensive Plan."
Section 3. Conclusion 2 is modified to read "The proposed rezone is consistent with
the Comprehensive Plan."
Section 4. Condition 16 is modified to read "A 7.5 foot right-of-way dedication and a
waiver of protest agreement for future improvements to Pottery Avenue must be submitted
prior to final 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 14th day of January, 2~~J;? J~/ /./
"'---"-~/ ~/ />/
./ .. / .// / / ' . /
?=< ~/···
ATTEST: (\
~L<_.fv&Og ()tg_~
Michelle Merlino, City Clerk
1352401-2-061-2008 112044626
35241E
EXHIBIT A
111255 POTTERY AVE
Resolution No. 005-08
Page 3 of 9
(PARCEL A CITY OF PORT ORCHARD SHORT PLAT RECORDED UNDER AUDITOR
NO 8905030092, P0-51) THAT PORTION OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 35, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE N0*46'35
E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35 A
DISTANCE OF 660.95 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 35; THENCE N0*46*35 E ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER A DISTANCE OF 218.02 FEET TO THE NORTHWEST CORNER OF THE
SOUTH 218 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35;
THENCE S88*29'02 E ALONG THE NORTH LINE OF SAID SOUTH 218 FEET A
DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING S88*29'02 E ALONG THE NORTH LINE OF SAID SOUTH 218 FEET A
DISTANCE OF 165.00 FEET; THENCE N0*46'35 E 133.06 FEET; THENCE N88*29'02 W
165.00 FEET TO THE EAST LINE OF THE WEST 15 FEET OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 35; THENCE S0*46'35 W 133.06 FEET TO THE TRUE POINT OF
BEGINNING.
p5240I-2-062-2007 112044634
35241E
(PARCEL B CITY OF PORT ORCHARD SHORT PLAT RECORDED UNDER AUDITOR
NO 8905030092, P0-51) THAT PORTION OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 35, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE N0*46'35
E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35 A
DISTANCE OF 660.95 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 35; THENCE N0*46*35 E ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER A DISTANCE OF 218.02 FEET TO THE NORTHWEST CORNER OF THE
SOUTH 218 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35;
THENCE S88*29'02 E ALONG THE NORTH LINE OF SAID SOUTH 218 FEET A
DISTANCE OF 180.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING S88*29'02 E ALONG THE NORTH LINE OF SAID SOUTH 218 FEET A
DISTANCE OF 149.47 FEET TO THE NORTHEAST CORNER OF SAID SOUTH 218
FEET; THENCE N0*48'45 E ALONG THE EAST LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 35 A DISTANCE OF 235.75 FEET TO THE SOUTHEAST
CORNER OF THE NORTH 210 FEET OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 35; THENCE N88*58'29 W ALONG THE SOUTH LINE OF SAID NORTH
Resolution No. 005-08
Page 4 of 9
210 FEET A DISTANCE OF 314.60 FEET TO THE EAST LINE OF THE WEST 15 FEET
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 35; THENCE S0*46'35 W ALONG SAID
EAST LINE A DISTANCE OF 100.00 FEET; THENCE S88*29'02 E 165.00 FEET; THENCE
S0*46'35 W 133.06 FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT B
RESOLUTION NO. 014-07
Resolution No. 005-08
Page 5 of 9
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
PLANNING COMMISSION RECOMMENDING APPROVAL WITH
CONDillONS THE POTTERY AVENUE PRELIMINARY PLAT/,
PLANNED RESIDENTIAL DEVELOPMENT AND REZONE
APPLICATION FOR PROPERTY LOCATED SOUTH OF THE
INTERSECTION OF MELCHER STREET AND POTTERY AVENUE.
WHEREAS, the property owner has filed an application with the City (SUBDIV
07-01/PRD) for a preliminary plat and planned residential development to subdivide a 1.68 acre
site into 10 residential lots on property located south of the intersection of Melcher Street and
Pottery Avenue, parcel numbers 352401-2-061-2008 and 352401-2-062-2007; and
WHEREAS, the applicant filed an application with the City (R 1163) for a rezone
of the parcels from Residential 4.5 to Residential 8; and
WHEREAS, on October 15 and November 19, 2007, the Planning Commission
held public meetings on the application; and
WHEREAS, being fully advised, the Planning Commission finds and concludes as
follows:
TESTMONY AND EXHIBITS
The Planning Commission 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. Staff Report dated November 19, 2007 with attachments.
B. Draft October 15 Planning Commission minutes.
2. Norm Olson, of N.L.Oison and Associates, spoke on behalf of the applicant. He
described the major components of the project.
3. Don van Dusen, applicant, of Eagle Homes, testified as to the type of homes that
would be built on the site.
4. Allen Stewart, stated that traffic and driving speeds on Pottery Avenue have
increased with each new development, and sidewalks and other improvements have not been
installed.
5. Liz Sander, a neighboring property owner, inquired as to whether a fence would
be required on the property line. She indicated that she would like to see Pottery Avenue street
improvements and a speed bump.
6. Peggy Stewart, expressed concerns about effects on the wetlands and wildlife,
increased traffic and speed on Pottery Avenue, and higher taxes for improvements.
7. Laurie Walton, a neighboring property owner, inquired about a perimeter fence.
FINDINGS
General
Resolution No. 005-08
Page 6 of 9
1. The application for preliminary plat/PRD SUBDIV 07-01 was submitted on April 17, 2007.
2. The application for rezone R-1163 was submitted on April 17, 2007.
3. The SEPA Mitigated Determination of Nonsignificance was issued on October 10, 2007.
4. Water and sewer will be provided by the City of Port Orchard.
5. The minimum lot area required for a PRD is one acre. The property is 1.69 acres, and
meets the minimum requirement.
Site Conditions:
6. The site contains a portion of a Type III wetland that continues offsite. The standard
buffer width is 50-feet, with a 15-foot building setback. The proponent is proposing
buffer averaging in accordance with Chapter 2, Section 5 of the City's Critical Areas
Ordinance.
7. Part of the right-of-way for the proposed cul-de-sac is shown as encroaching into the
wetland buffer, although the paved portion of the road is not. There is pavement
proposed within the 15-foot setback from the buffer.
8. A wetland analysis report, prepared by Wiltermood Associates, Inc. and dated April 10,
2007 was submitted to the City.
9. Grading is generally expected to the extent required to create level building lots.
10. There is currently a large church/house building, and a garage outbuilding on site that
will be demolished. There is also a large amount of abandoned machinery, a vehicle and
other debris that will be disposed of.
Fire:
11. A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure of 20
p.s.i., 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 B of the City of Port Orchard Fire
Code.
12. Hydraulic calculations or proof of Fire flow shall be provided to the Fire District showing
that adequate fire flow can be severed before final platting can occur. This information
will need to be provided and approved by the Fire District before the District can
approve any permits.
13. Fire access appears adequate and shall consist of the following:
1. The unobstructed width of a fire apparatus access road shall be not less than 20
feet.
2. All dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with approved provisions or the turning around of fire apparatus.
3. The turning radius of a fire apparatus access road shall be a minimum of 25 feet
inside diameter and 40 feet outside diameter.
4. The gradient of the fire apparatus access road shall not exceed 12%.
14. Before any 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 a minimum of 20 feet in unobstructed width, be designed and maintained
to support the imposed loads of fire apparatus (75,000 pounds) and must have a
surface that provides all-weather driving capabilities.
Land Use/Zoning
Resolution No. 005-08
Page 7 of 9
15. Although the proposal is to rezone the property to R8, the underlying Comprehensive
Plan designation is high-density residential. Upon consultation with the City Attorney, it
was determined that it is not an issue to rezone to a medium-density zone, even though
it does comply with the Comprehensive Plan.
16. The development is being reviewed under the provisions of a PRD as required by the
Comprehensive Plan Land Use Element Pg VI-9 (4).
17. The minimum total lot area required for property proposed for a planned residential
development is one acre. The proposal of 1.68 acres complies with this requirement
(Chapter 85, Section 4d).
18. Chapter C1, Section 7 of the City of Port Orchard zoning code addresses density credits
for sensitive areas. Wetlands and their buffers qualify for density credits. Using density
credits, the property has a maximum density of 10 lots. These lots will need to be part
of a planned residential development (PRD), since they will not meet the minimum lot
size of 5,445 square feet.
19. Recreational amenities are required as part of a PRD. The applicant is proposing a picnic
area and a trail in the open space tract. Trails and trail related facilities are allowed
outright in the buffer for a Type III wetland. The trail, as proposed, would be located in
the outer 25 feet of the buffer.
PRO Criteria
1. The applicant has addressed Chapter 83, Section 68 (See attached narrative).
1) Benefit the community more than if the project complied with the established standards,
guidelines, and policies ...
Staff response. The property is located within the comprehensive plan designation for
high density residential uses. The applicant will be constructing frontage improvements
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. Building
elevations for the particular houses will be provided at building permit application, and must
be in compliance with City codes.
3) Preserve unique or sensitive physical features such as steep slopes and views, and retain
natural vegetation ...
Staff response. 22 percent of the site will be preserved in a wetland tract. There will be
some encroachment of the cul-de-sac right-of-way into the wetland buffer. The applicant
proposes to use buffer averaging to mitigate the encroachment. 25 significant trees will be
taken out, including four trees over 36 inches in diameter.
4) Provide more open space and recreational amenities than would be available under
conventional land development practices ...
Staff response. As proposed, 16,354 square feet of the site will be set aside as open
space, which will be accessible via a trail that connects to the sidewalk.
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. There are no plans for rear parking or the provision alleys. While the lot
sizes are not uniform, there is not a great deal of difference in lot width at the street.
6) Specifically demonstrate its benefit to the surrounding neighborhood and community at
large ...
Resolution No. 005-08
Page 8 of 9
Staff response: The project will benefit the community by providing affordable single-
family housing. It will also provide pedestrian connectivity for the plat, and some
neighboring properties, to bus stops and commercial/shopping areas.
7) Specify the phasing of the development of a site ...
Staff response: As of the most current site plan submittal, there is not phasing involved
in the development of the plat.
8) Provide public facility sites or improvements, such as road improvements, utilities, parks,
or open space ...
Staff response: The proposed plat will provide pedestrian improvements and landscaping
along Pottery Avenue. There will also be sidewalks and street trees installed along the
internal plat street. There will be a small area with picnic tables and a trail, and some
designated open space as part of the plat.
CONCLUSIONS
1. The proposed subdivision is consistent with the Comprehensive Plan.
2. The proposed rezone is consistent with the Comprehensive Plan, but legal advice indicates
that a medium-density zone is not problematic.
3. The proposed site plan is consistent with the PRD provisions of the Zoning Ordinance.
CONDITIONS OF APPROVAL
SEPA
1. All SEPA conditions shall be met as outlined in the Mitigated Determination of Non-
Significance issued October 10, 2007
Zoning
2. All conditions identified by City Departments and other agencies must be met prior to
the approval of final construction plans.
3. A landscaping plan meeting the requirements of Chapter C4 of the zoning code must be
submitted with the clearing and grading permit.
4. A tree replacement plan must be submitted and approved with the clearing and grading
permit.
5. If feasible, all significant trees shall remain onsite in the perimeters of all lots,
and not be removed.
6. Prior to Certificate of Occupancy, the landscaping must be bonded according to the
provisions of Chapter C4, Section 22. The bond is subject to approval by the Planning
Director and/or the City Attorney.
7. A separate sign permit is required for any signage proposals.
8. Maintenance for common areas and facilities must be included in Codes, Covenants and
Restrictions (CC & R's) specific to the Pottery Avenue Plat.
9. A split rail fence must be installed along the edge of the non-disturbed buffer area prior
to grading activity on the site.
10. A six-foot cedar fence must be installed around the perimeter of the lots,
including the south boundary of Lots 1-3, the east boundary of Lot 3, the
north side of Lots 4-10, the south boundary of Lot 10, but excluding the
wetland tract.
Stormwater
Resolution No. 005-08
Page 9 of 9
11. The stormwater plan must be revised to the satisfaction of the City Engineer, prior to
site development.
12. The Applicant or his designee is responsible for permanent stabilization and restoration
of the project site.
13. All stormwater system improvements shall be completed prior to issuance of any building
permit applications.
14. A stormwater maintenance agreement must be submitted and approved by the City
Engineer.
Traffic/Roads
15. Prior to final plan approval, construction plans shall be submitted and approved by the
City Engineer for all road improvements.
16. An approved 7.5 foot right-of-way dedication and a signed waiver of protest agreement
for future improvements to Pottery Avenue must be submitted prior to final plat.
17. Applicant shall relocate the cul-de-sac so that the paved area does not intrude into the
15-foot wetland buffer setback.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port Orchard
hereby recommends that the City Council approve the Pottery Avenue Preliminary Plat/PRO and
Rezone of tax parcels 352401-2-061-2008 and 352401-2-062-2007.
PASSED by the Planning Commission of the City of Port Orchard, this 19'h day of
November, 2007.
ATTEST:
Joanne Long-Woods
Planning Director
Gil Michael, Chair