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10/10/1994 - Regular - MinutesPort Orchard, Washington October 10, 1994 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at 7:30 PM at City Hall, 216 Prospect Street. Councilmembers present: Clauson, Morrison, Geiger, Powers, Van Zee and Grable. Councilman Childress excused (see page 1, para. 4). Staff present: Police Chief Mathews, City Planner Brown, City Engineer Curl es, Deputy Fire Chief Wernet, City Clerk Parks, and City Attorney Goodwin. Deputy Fire Chief Wernet led the audience and Council in the Pledge of Allegiance. Mayor Weatherill asked for audience comments for items not listed on this agenda. No response was received. Councilman Morrison moved to excuse Councilman Childress from this meeting, seconded by Councilman Clauson and carried. On motion by Councilman Grable, seconded by Councilman Clauson, Council unanimously approved the consent agenda as follows: a. Minutes of the following Council meeting: (1) September 26, 1994 regular meeting (2) October 3, 1994 Council Study Session b Payment vouchers as follows: Claims Warrant No. 21296-21396 in the amount of $92,074.25 and September Payroll Warrant No. 120645-120833 in the amount of $185,815.35. C. Ordinance No. 1615 repealing Ordinance No. 1335 and adopting definitions and regulations for mobile homes and recreational vehicles within the City limits. Mayor Weatherill opened Public Hearing scheduled for 7:35 PM on an Application for designation as operator, manager or agent of a permanent public show or public amusement in the City of Port Orchard as submitted by Barbara and Jerry Seitz. City Clerk Parks reviewed POMC 5.20.020 which provides that upon confirmation by Council Public Hearing that a person(s) is the operator, manager or agent of a permanent public show or public amusement, the requirement of a daily license fee is waived. Jerry Seitz briefed counci lmembers on acoustical music shows held at the Pot Belly Deli, 724 Bay Street stating that because live music is a permanent part of their operation, they would like to be designated by the City as a permanent show establishment. Mayor Weatherill called for additional public input for or against application submitted by Barbara and Jerry Seitz requesting to be designated as a permanent show establishment. As no further testimony was received, the Mayor closed the public input portion of the public hearing and referred application to Council for consideration. On motion by Councilman Morrison, seconded by Councilman Grable, the Council approved designation of Pot Belly Deli, Barbara and Jerry Seitz as a permanent show establishment. October 10, 1994 Page 2 of 9 Mayor Weatherill opened Public Hearing relevant to application for a Special Use Permit as submitted by R.D. Manning requesting permission to continue using a 400 sq foot portion of the Arbor Terrace Recreation Building for a business office after completion of the apartment complex project at 1800 Sidney Avenue. (Legal Description Exhibit "A") City Planner Donna Brown reviewed the Special Use Permit Application, gave staff report highlighting salient aspects and outlined Planning Commission recommendation for approval with several conditions. Richard Manning outlined proposed use and discussed the minimal impact of continued usage. Mayor Weatherill called for public input for or against R. D. Manning's application for a Special Use Permit to allow continued use of a portion of the Arbor Terrace Recreation Building for a business office after completion of the apartment complex project. As no additional response was received, the Mayor closed the public hearing and referred matter to Council for consideration. On motion by Councilman Cl auson, seconded by Councilman Geiger, Council adopted Planning Commission Resolution No. 223-94 as Council's own action and approved issuance of a Special Use Permit to R. D. Manning to allow the continued use of a 400 square foot section of the Arbor Terrace Recreation Building, 1800 Sidney Avenue, as a business office for R. D. Manning Construction with the following conditions: 1. Before any future change in the occupancy of the business office, the Planning Commission and City Council shall review and approve the proposed use to ensure it is still in the best interest of City residents and meets all fire and safety code requirements for the intended use. 2. No business related noise, etc. shall be permitted to effect any of the surrounding residences. a. Employee and/or company vehicles may not be left idling in front of any surrounding residences or the recreation building. b. No repair work may be done on the company vehicles on site. C. No construction company equipment larger than a pick-up truck will be allowed to visit the site unless repair is being done to the buildings or the grounds of Arbor Terrace Apartments directly. 3. Present and future businesses located on this property will register with the City. 4. If present or future businesses expand in square footage, there must be no net loss of square footage for the recreation area of the building. 5. if complaints are received by the City regarding this use, the Special Use Permit must be brought back to the Planning Commission and City Council for October 10, 1994 Page 3 of 9 review. A possible outcome could include the removal of the business from the premises at the expense of the operator of the business. 6. Signage shall be limited to the existing 3" x 15" sign. 7. To allow for visitor and employee parking, two additional parking spaces are required for the business. Mayor Weatheri 11 opened Public Hearing relative to appl i cati on for Zone Recl ass i fi cati on as submitted by the City of Port Orchard Public Works Department. The purpose of the rezone application is to reclassify 2.5 acres located in the 1300 block of Lloyd Parkway from Industrial to Public Property. (Legal Description: Exhibit "B") City Engineer Lawrence Curles outlined proposal and discussions held with Washington State Department of Corrections staff, regarding purposed location of a work release facility at this site. Engineer Curles also reviewed Planning Commission recommendation for approval of Zone Reclassification with eight conditions. Doreen Geiger, Department of Corrections, gave status report on proposed project which is a 40 bed residential, 24 hour custodial care facility with potential to be expanded up to 60 beds. The facility would have 20-25 employees. Residents would have to meet specific eligibility requirements including minimum security status. If this rezone is approved, the next phase would be for her to contact General Administration, which acts as DOC`s real estate agent for negotiations. Steve Davis, General Manager R.V. Associates, 1333 Lloyd Parkway, stated while they support location of the work release facility at this site, R.V. Associates is very concerned with the Old Clifton Road/Lloyd Parkway intersection. This intersection is a problem at this time. Mr. Davis stated, R. V. Assoc. is willing to participate in an intersection improvement. Mayor Weatherill called for additional input for or against the application for Zone Reclassification from Industrial to Public Property as submitted by the Port Orchard Public Works Department. Subject property is 2.5 acres of city owned land located in the 1300 block of Lloyd Parkway. As no additional testimony or input was received, Mayor Weatherill closed the public hearing and referred matter to the City Council for consideration. On motion by Councilwoman Powers, seconded by Councilman Grable, Council adopted Planning Commission Resolution No. 224-94 as their own and approved a Zone Reclassification from Industrial to Public Property for 2.5 acres of property located in the 1300 block of Lloyd Parkway (City of Port Orchard, owner of record) with the following conditions of approval: 1. Coverage, including buildings, parking areas, driveways, and walkways, shall occupy no more than seventy percent (705-.) of the total lot area. 2. A lighting plan shall be submitted and approved prior to placement of outdoor illumination. 3. A building permit shall be obtained prior to the beginning of any construction October 10, 1994 Page 4 of 9 or demolition work on site. No building permit shall be issued without concurrence from the Kitsap County Health District. 4. All new landscaping shall be maintained and any dead or diseased landscaping within one year of occupancy shall be replaced. 5. No development shall be designed that would impede access to the water reservoir and pistol range. 6. The Facility will be connected to the City of Port Orchard sanitary sewer system. 7. The Facility will have a minimum of 16 parking spaces. S. The reclassification shall be valid for a period of eighteen (18) months. If substantial progress toward construction has not occurred at the expiration of this time period, the City Council may revoke the new land use reclassification or approve an eighteen (18) month extension with conditions. At 8:15 PM Mayor Weatherill opened continued Public Hearing regarding applications for Preliminary Plat and a Zone Reclassification submitted by Jerry Clark requesting a rezone from Residential Low to Residential High and approval of a Preliminary Plat to permit the subdivision of nine acres into 35 lots for single family residences. Subject property is located in the 200 Black of Melcher Street. Public Hearing continued from September 26, 1994 Council meeting. (Legal Description Exhibit "C") Councilman Morrison stepped down from Council table and participation in this public hearing due to a conflict of interest. Councilman Clauson stepped down from Council table and participation in this public hearing due to his absence from the September 26, 1994 public hearing. City Planner Brown gave staff report, reviewing Planning Commission recommendation for approval of the Zone reclassification Application and the Preliminary Plat Application (with conditions) and also discussed Planning Department memo dated October 7 which responded to concerns voiced during first portion of the public hearing on September 26, 1994. Jerry Clark, proponent, responded to questions on tot lot, parks, sidewalks and other pertinent matters. City Clerk Parks read letter from Bev Traweek voicing concern for adjacent Great Blue Heron Rookery. Howard Minor, 1400 Bay Street, offered opinion that Great Blue Heron's are not an endangered species and they will move to meet their needs. City Engineer Curles read letter from Department of Wildlife, Stephan Kalinowski and reported that Jerry Clark has agreed to specific actions suggested by Mr. Kalinowski to protect the nesting seasons from disturbance. October 10, 1994 Page 5 of 9 Councilman Grable read letter from Becky Wiles which thanked the City for incorporating requirement that construction not be allowed to interfere or distract during nesting seasons. Howard Minor, 1400 Bay Street, object to governmental agencies requiring individuals or developers to fund improvements when such improvements benefit all or many other citizens. Mr. Minor made a strong statement that the cost of such improvements should be paid by all who benefit. Jerry Clark, proponent, pointed out that although the Great Blue Heron Rookery is not on his property he has met with Wildlife staff and will adhere to precautions that will protect wetlands and wildlife in the area. Councilwoman Powers questioned the type of sidewalk and gutters proposed for this project. Concrete sidewalks with rolled asphalt curb are the current standard. City Attorney Goodwin stated that the Council can impose any conditions for approval which are in the best interest of the community. Deviating from current standard and including a special requirement of concrete sidewalks and gutters could be included. Jerry Clark, proponent, questioned why a special condition for concrete sidewalks and gutters would be placed upon this development when it has not been mandated for other recently approved subdivision developments. He further stated he has already agreed to several other additional requirements. Councilwoman Powers responded that history has shown that the City's current standard of rolled curbs is not in the best interest of the community. Rolled curbs allow vehicles to drive onto and park on the sidewalks. John Clauson, 414 Sroufe, agreed with Councilwoman Powers and stated concrete curbs/sidewalks provide better safety for pedestrian and street cleaning is easier against a straight sided curb. Don Morrison, 354 Farragut N., gave testimony as audience member that the Street Committee recently visited the three most recently approved subdivisions and the Committee's position is that current sidewalk, curb and gutter standards should be reconsidered. Councilmembers discussed street traffic configurations, one way versus two way or a combination of one way and two way traffic for feeder streets. Mayor Weatherill called for additional input for or against Jerry Clark's applications for Preliminary Plat approval and a Zone Reclassification from Residential Low to Residential High for 9 acres of property in the 200 block of Melcher Street to allow subdivision into 35 residential single family home lots. As no response was received, the Mayor closed the public hearing and referred matter to Council for consideration. Councilwoman Powers presented motion which was seconded by Councilman Geiger, to adopt Planning Commission Resolution No. 216-94 as Council's own and approve the Preliminary Plat of Heron Ridge with thirty (30) conditions as listed in City Planner's memo dated October 7, 1994 (Exhibit "D") with the following amendments to those conditions: October 10, 1994 Page 6 of 9 1. Amend condition #27 by adding fourth sentence: The size, exact location and topography of the Tot Lot are subject to approval by the City Engineer. 2. Add new condition: Concrete curbs and gutters be required. 3. Add new condition: All street/traffic configurations are to be one way with the direction determined by the City Engineer. Councilman Van Zee moved to amend motion by deleting new condition requiring concrete curbs and gutters, seconded by Councilman Grable. Motion to amend carried with a tie vote, Councilmen Van Zee and Grable voting in the affirmative and Councilwoman Powers and Councilman Geiger voting no. Mayor Weatherill broke tie by voting in favor of the motion to amend. Council unanimously approved original motion, as amended, to adopt Planning Commission Resolution No. 216-94 as Council's own and approved Heron Ridge Preliminary Plat, which is located in the 200 block of Melcher Street, with the following 31 conditions: I. A scaled grading plan shall be submitted identifying existing and future grades. 2. No permanent sign shall be erected without prior approval from the Planning Department and issuance of a building permit. 3. A minimum of one street tree with a minimum caliper of 2.5 inches shall be installed within the front yard of each lot. 4. No grading will be done in Tract A except for the construction of the manmade pond, hydroswale, and tot lot. The trenches will be hydroseeded at the conclusion of the pipe installation. 5. The final plat shall indicate Tract A as open space and list the land use restrictions against construction in this area. The specific regulations regarding the view easement on Tract A should also be included in the covenants. These areas should be deeded to the Homeowners' Association. 6. The lots will be restricted to single family residences. 7. No land clearing or construction shall take place from 1 March to 15 July of each year to minimize impacts on the Heron Rookery. 8. The Developer shall connect to the 8 inch water main that was installed by the Highlands On The Creek project and extend that water main to Hill Avenue. 9. Fire hydrants shall be placed as required by the Fire Department. At a minimum, there will be a fire hydrant at the vicinity of Lot 14 and a blow off assembly at Hill Avenue. An air release valve will be required at the system high points. 10. The water main shall be Class 50 ductile iron and meet all City requirements. October 10, 1994 Page 7 of 9 The developer shall install all water meter assemblies, less the actual water meter. Meters will be installed at the time of payment of the connection fees. The $50 inspection fee will be paid by the homeowner with the other construction fees. 11. All water mains in the right of way will be deeded to the City. 12. Each lot shall have a service line and property line clean out installed. The $50 inspection fee will be paid by the homeowner with the other connection fees. 13. All sewer mains in the right of way and easement will be deeded to the City. 14. If a sewer pump station is required, it will meet all City requirements and will be equipped with an emergency generator. 15. A lighting plan shall be submitted and deemed acceptable to Puget Power standards and to the City Engineer prior to placement of any outdoor illumination. Luminaries need to be installed at the two intersections with Melcher Avenue and one in vicinity of Lot 14. 16. The Developer should provide the City with $300 to pay for the following signs and posts: Heron Loop 2 street signs No Parking 4 signs No Parking On Heron Loop 1 large sign 17. The driveway to Lots 8, 9 10 and 11 will be a private road. Hill Avenue is a private road and is not available for use, unless the owners of Hill Avenue provide the subdivision an easement. The City will not maintain this driveway and it does not maintain Hill Avenue. 18. At the time of building permit issuance, each house shall pay a fee of $400 per dwelling unit for future road improvements to Melcher Street. The southernmost 15 feet of the entire subdivision property directly abutting Melcher Street shall also be dedicated to the City for future road improvements (future widening of Melcher Street). 19. The Developer must construct a crushed rock six foot wide shoulder along the Melcher Street border of the subdivision from the east edge of the twe-way seseet4an entrance (eastern access) of Heron Loop to Hill Avenue. (Language amended to reflect Counci 1 intent for residential one -gray feeder-Counci 1 action 10124194 adoption of Ordinance No. 1617) 20. The southern boundary of Tract B shall have a slope easement for the City to allow the creation of a 2:1 slope at a later date for improvements to Melcher. 21. Areas five feet on each side of the right of way will be deeded to the City as utility easements. October 10, 1994 Page 8 of 9 22. The contractor shall construct 4 foot wide concrete sidewalks on both sides of the road. app�=Gya4— (De7eted by Council action on 10124194 adoption of Ord. 1617). 24. Stormwater management shall conform to best management practices. A licensed engineer will prepare the stormwater management plan. 25. The road easement will be a minimum of 12 feet wide to allow vehicle access to the pond, and as shown will not straddle a property line. 26. The project construction needs to follow best management practices as proposed by the Department of Ecology to include the use of filter fabric fencing, gravel pads at road entrances and hydroseeding. 27. A tot lot will be constructed within Tract A, near the 12 foot wide access road. It shall consist at a minimum of a big toy slide and swing. It shall be maintained and owned by the Homeowners' Association. The exact location and size and topography of the tot lot are subject to approval by the City Engineer. 28. All lots will be surveyed and recorded. 29. Each lot should have survey markers installed. 30. Provisions for emergency vehicle turnaround shall be provided for on dead end roads, wide areas, personal driveways with wide approaches and/or cul-de-sacs. 31. All street/traffic configurations are to be one way traffic and meet the requirements of a residential one-way feeder with the direction of traffic flow to be determined by the City Engineer. Mayor Weatherill reopened continued Public Hearing relative to consideration of the Draft Comprehensive Plan. (Continued from October 5, 1994 Special Council Session). City Planner Brown briefly reviewed concerns debated at the October 5, 1994 special session and invited additional comments or questions. Mayor Weatherill called for input supporting or in opposition to Draft Comprehensive Plan. No response was received and Council continued the Public Hearing on the Draft Comprehensive Plan to the October 24, 1994 City Council meeting at 7:45 PM. On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved Resolution No. 1681 adopting a salary step schedule for the position of Municipal Court Clerk. Councilman Morrison moved to authorize the City Clerk to put the Tremont Street Fire October 10, 1994 Page 9 of 9 Station generator specifications out for bid, seconded by Councilman Van Zee and unanimously approved. On motion by Councilman Morrison, seconded by Councilman Van Zee, Council declared and instituted a moratorium on residential feeder roads/streets and one way feeder roads/streets. On motion by Councilwoman Powers, seconded by Councilman Geiger, Council adopted Resolution No. 1680 authorizing the Mayor to apply for Community Development Block Grants to assist the community in the following projects: 1. Sherman Avenue Sewer: provide sanitary sewer to the 1300 block of Sherman Avenue. 2. Central Playfield Restroom: construct a new public restroom at Central PI ayfi el d City Engineer Curles presented proposed itinerary for Congressman Dicks visit to Port Orchard on Friday, October 14, 1994. After much discussion, Councilman Van Zee moved for a Council member to meet with the Engineer and finalize an itinerary for the Congressman's visit, seconded by Councilman Grable and carried. Councilman Morrison moved to authorize the City Engineer to prepare draft resolution updating Resolution No. 1643 to amend/or establish parking regulations on specific streets, seconded by Councilman Grable and carried. On motion by Councilman Clauson, seconded by Councilwoman Powers, Council approved Change Order No. I on the Sidney/Pottery Sewer Main Project at a cost of $4,967.20. At the request of Police Chief Mathews, Councilman Morrison moved to authorize the Mayor to sign grant application for 1995 Law & Justice funding of approximately $6,000 (no match required), seconded by Councilwoman Powers and carried. Meeting adjourned at 10:33 PM. --Z , L� PATRI IA PARKS, CITY CLERK \TJ LESLIE J. WEATHERILL, MAYOR October 10, 1994 LEGAL DESCRIPTION EXHIBIT "A" That portion of the south half of the southwest quarter of Section 35, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Southwest corner of said Section 35; thence along the South line of said Section 35, S .87*34'14" E 883.99 feet to the TRUE POINT OF BEGINNING; thence NO* 55'27" E 557.35 feet; thence N 87* 39121" W 220.00 feet; thence N 0*55' 27' E 465.00 feet; thence S 87* 30121" E 437.79 feet; thence S 0* 55'27" W 208.71 feet; thence S 87* 39,21" E 208.71 feet; thence N 0* 55'27" E 248.52 fleet to the south margin of Poplar Street; thence along said south margin S 87* 39121" E 219.65 feet; thence S 0* 55127" W 364.73 feet thence S 87* 46' 00" E 347.65 feet to the westerly margin of Sidney Road; thence along said westerly margin S 20* 55, 43" W 431.05 feet; thence N 70* 37' 09" W 227.68 feet; thence S 20* 55'43" W 431.05 feet; thence N 70* 37109" W 227.68 feet; thence S 20* 55,43" W 370.00 feet to a point on the south line of said Section 35; thence along said South line N 87* 34,14" W 503.49 feet to the true point of beginning. October 10, 1994 Exhibit "B" Situated in Section 34, Township 24 North, rango Z East W.M. Beginning at the Southwest corner of said section which is the True Point of Begi..ning; thenca north along thw west line of said section to the Northwest corner of the Southwest 1/4 of the Southwest 1/4; thence easterly along the north line of the Southwest 1/4 of the Southwest 1/4 800 feet; thence southerly along a line parallel to the west line said SW 1/4 SW 1/4 soo feet; thence easterly along a line parallel to the south line Section 34 until it intersects with the west margin of old Clifton Road; thence southwesterly along the west margin of old Clifton Road until it intersects with the south line of said section; thence westerly along the south line of the said section to the True Point of Beginning. PARCEL B Situated in Section 34, Township 24 North range 1 East, W.M. Commencing at the Southwest corner of said section ; thence north along the west line of said section to the Northwest corner of the Southwest 1/4 of the Southwest 1/4; thence easterly along the north line of the Southwest 1/4 of the Southwest 1/4 800 feet, which is the True Point of Beginning; thence southerly along a line parallel to the west line said SW 1/4 SW 1/4 800 feet; thence easterly along a line parallel to the south line Section 34 until it intersects with the west margin of Old Clifton Road; thence northeasterly along the west margin of Old Clifton Road until it intersects with the east line of the Southwest 1/4 of said section; thence north along the east line of the Southwest 1/4 of said section to the north line of the southeast 1/4 of the Southwest 1/4; thence westerly along the north line of the southeast 1/4 of the southwest 1/4 and the southwest 1/4 of the southwest 1/4 to the True Point of Beginning. PARCEL C Situated in Section 34, Township 24 North, Range 1 East That portion of the Southeast 1/4 of the Southwest 1/4 which is east of Old Clifton Road, except that portion conveyed to Kitsap County per Auditor's File No. 959191, described as follows: Beginning at the south 1/4 corner of said section thence along r October 10, 1994 Exhibit "C" Legal Description of Subject Property - Heron Ridge The West half of the South half of the Northwest quarter, Section 35, Township 24, North, Range 1 East , WM, in Kitsap County, Washington_ Except the East 15 feet. AND Except the following described property: That portion of the Southwest quarter of the Northwest quarter of the Northwest Section 35, Township 24, North Range 1 East WM, in Kitsap County, Washington, described as follows: Beginning at the West quarter corner of said Section 35; thence along the West line of Section 35, North 0*4613011 East 1321.86 feet to the Southwest corner of said Southwest quarter of the Northwest of the Northwest quarter; thence along the South line thereof South 88*58'40" East 659.36 feet to the Southeast corner thereof; thence along the East line thereof North 0*50152" East 30 feet; thence along a line parallel with the South line thereof North 88*58140" West 1.10.00 feet; thence North 0*50152" West 200.00 feet to the True Point of Beginning. October 10, 1994 Exhibit "D" Staff's Recommended Conditions of Approval for Heron Ridge Preliminary Plat as of 10/07/94 PLA2MNG 1. A scaled grading plan shall be submitted identifying existing and future grades. 2. No permanent sign shall be erected without prior approval from the Planning Department and issuance of a building permit. 3. A minimum of one street tree with a minimum caliper of 2.5 inches shall be installed within the front yard of each lot. 4. No grading will be done in Tract A except for the construction of the manmade pond, hydroswale, and tot lot. The trenches will be hydroseeded at the conclusion of the pipe installation. 5. The final plat shall indicate Tract A as open space and list the land use restrictions against construction in this area. The specific regulations regarding the view easement on Tract A should also be included in the covenants. These areas should be deeded to the Homeowners' Association. 6. The lots will be restricted to single family residences. 7. No land clearing or construction shall take place from 1 March to 15 July of each year to minimize impacts on the Heron Rookery. WATER: 8. The Developer shall connect to the 8 inch water main that was installed by the Highlands On The Creek project and extend that water main to Hill Avenue. 9. Fire hydrants shall be placed as required by the Fire Department. At a minimum, there will be a fire hydrant at the vicinity of Lot 14 and a blow off assembly at Hill Avenue. An air release valve will be required at the system high points. 10. The water main shall be Class 50 ductile iron and meet all City requirements. The developer shall install all water meter assemblies, less the actual water meter. Meters will be installed at the time of payment of the connection fees. The $50 inspection fee will be paid by the homeowner with the other construction fees. 11. All water mains in the right of way will be deeded to the City. October 10, 1994 Exhibit "D" SEWER: 12. Each lot shall have a service line and property line clean out installed. The $50 inspection fee will be paid by the homeowner with the other connection fees. 13. All sewer mains in the right of way and easement will be deeded to the City. 14. If a sewer pump station is required, it will meet all City requirements and will be equipped with an emergency generator. STREET: 15. A lighting plan shall be submitted and deemed acceptable to Puget Power standards and to the City Engineer prior to placement of any outdoor illumination. Luminaries need to be installed at the two intersections with Melcher Avenue and one in vicinity of Lot 14. 16. The Developer should provide the City with $300 to pay for the following signs and posts: Heron Loop 2 street signs No Parking 4 signs No Parking On Heron Loop 1 large sign 17. The driveway to Lots 8, 9 10 and 11 will be a private road. Hill Avenue is a private road and is not available for use, unless the owners of Hill Avenue provide the subdivision an easement. The City will not maintain this driveway and it does not maintain Hill Avenue. 18. At the time of building permit issuance, each house shall pay a fee of $400 per dwelling unit for future road improvements to Melcher Street. The southernmost 15 feet of the entire subdivision property directly abutting Melcher Street shall also be dedicated to the City for future road improvements (future widening of Melcher Street). 19. The Developer must construct a crushed rock six foot wide shoulder along the Melcher Street border of the subdivision from the east edge of the two-way section of Heron Loop to Hill Avenue. 20. The southern boundary of Tract B shall have a slope easement for the City to allow the creation of a 2:1 slope at a later date for improvements to Melcher. 21. Areas five feet on each side of the right of way will be deeded to the City as utility easements. October 10, 1994 Exhibit "D" 22. The contractor shall construct the required 4 foot wide concrete sidewalk on the inside loop of the two-way section of Heron Loop. The contractor shall construct 4 foot wide concrete sidewalks on both sides of the road for the remainder of Heron Loop which is one-way. 23. The two-way section of Heron Loop shall have a 50-foot right of way and will meet the requirements of an access road as described in the Developer's Handbook. A sidewalk on one side only of an access road requires City Council approval. STORMWATER: 24. Stormwater management shall conform to best management practices. A licensed engineer will prepare the stormwater management plan. 25. The road easement will be a minimum of 12 feet wide to allow vehicle access to the pond, and as shown will not straddle a property line. 26. The project construction needs to follow best management practices as proposed by the Department of Ecology to include the use of filter fabric fencing, gravel pads at road entrances and hydroseeding. PARKS: 27. A tot lot will be constructed within Tract A, near the 12 foot wide access road. It shall consist at a minimum of a big toy slide and swing. It shall be maintained and owned by the Homeowners' Association. SURVEYING: 28. All lots will be surveyed and recorded. 29. Each lot should have survey markers installed. FIRE: 30. Provisions for emergency vehicle turnaround shall be provided for on dead end roads, wide areas, personal driveways with wide approaches and/or cul-de-sacs.