1794 - Ordinance - Approving Subdivision Known as Heron RidgeNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their
regular Council meeting held May 8, 2000.
ORDINANCENO. 1794
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
APPROVING A 30 LOT SUBDIVISION ON APPROXIMATELY 9
ACRES WITH A TOTAL OF 30 SINGLE FAMILY DWELLING
UNITS LOCATED IN THE 200 BLOCK OF MELCHER STREETAT
THE NORTHEAST CORNER OF MELCHER STREET AND
POlTERY AVENUE, COMMONLY KNOWN AS HERON RIDGE.
(The owner is Jerry Clark)
Copies of Ordinance No. 1794 are available for review at the office of the City
Clerk of the City of Port Orchard. Upon written request a statement of the full text
of the Ordinance will be mailed to any interested person without charge. Thirty
days after publication, copies of Ordinance No. 1794 will be provided at a nominal
charge.
City of Port Orchard
” fichelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
May 17,2000
ORDINANCE NO. 1794
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
APPROVING A 30 LOT SUBDIVISION ON APPROXIMATELY 9 ACRES
WITH A TOTAL OF 30 SINGLE FAMILY DWELLING UNITS LOCATED IN
THE 200 BLOCK OF MELCHER STREET AT THE NORTHEAST
CORNER OF MELCHER STREET AND POTTERY AVENUE,
COMMONLY KNOWN AS HERON RIDGE. (The owner is Jerry Clark)
Tax Account Nos. 352401 -2-024-2004
Legal Description: NW %of the NW % , Section 35, Township 24,
Range 1 East
SEE ATACHMENT "A" FOR COMPLETE LEGAL
WHEREAS, Jerry Clark, owner and applicant has submitted an application for a preliminary
plat to allow a subdivision on approximately 9 acres with a total of 30 single family dwelling units located in
the 200 block of Melcher Street at the northeast corner of Melcher Street and Pottery Avenue; and
WHEREAS, the City of Port Orchard Planning Commission has transmitted to the Council
of the City of Port Orchard, Washington a copy of their Resolution No. 307-00, recommending approval of
said petition; and
WHEREAS, the Council of the City of Port Orchard held a Public Hearing on April 10, 2000
WHEREAS, at the public hearings the Council accepted, as part of its record, all testimony
WHEREAS, an abutting property owner, Mr. and Mrs. Ragsdale, had objections to the plat,
WHEREAS, at the April 24, 2000 public hearing the representative of Mr. and Mrs.
Ragsdale testified that the Ragsdales and the applicant had entered into a written contract setting forth
certain improvements to be constructed by the applicant beyond the conditions being imposed by the city;
and
and continued the Public Hearing to April 24, 2000; and
and documents presented to the Planning Commission;
claiming adverse possession of a portion of the property to be platted; and
WHEREAS, at the April 24, 2000 public hearing the representative of Mr. and Mrs.
Ragsdale withdrew their objection to the city approving the plat, and also withdrew their claim of adverse
possession; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council makes the following findings:
(1) Comprehensive Plan, zoning ordinance and other land use controls.
The subdivision, as conditioned in this ordinance, is in conformity with the City's
Ordinance No. 1794
Page 2 of 6
(2) The subdivision, as conditioned in this ordinance, makes appropriate provisions for
the public health, safety and general welfare for open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks
and recreation, playgrounds, schools, school grounds, and such improvements as are
necessary to assure safe walking conditions for student who only walk to and from school.
(3)
Section 2.
The subdivision, as conditioned in this ordinance, will serve the public interest
The Application for Preliminary Plat for a subdivision commonly known as
Heron Ridge, which is situated on approximately 9 acres with a total of 30 single family dwelling units
located in the 200 block of Melcher Street at the northeast corner of Melcher Street and Pottery Avenue and
as pictorially represented in the preliminary plat drawing prepared by Nils Ronhovde, Scandia Planners,
Project Representative with the last revision being dated 3/23/00 and as stamped received by the City of
Port Orchard Public Works on the 24'h day of March 2000 is approved subject to the following 49
conditions:
PLANNING:
(1)
(2) and shall be reviewed under a separate permit.
(3) shall be installed within the front yard of each lot.
A scaled grading plan shall be submitted identifying existing and future grades.
No permanent sign shall be erected without prior approval from the Planning Department
A minimum of one street tree no less than 6 feet tall with a minimum caliper of 3 inches
(4) approval.
(5)
(6)
(7) compliance with the City's Critical Areas Ordinance.
There shall be no development or clearing of Tracts A, B. or C, without specific City
Tract A shall be listed as open space and deeded to the Homeowner's Association.
Grading is not permitted in any Greenbelt zoned area
Prior to issuance of permits for lots 7 to 18, the Planning Department shall verify
WATER:
(8) Eagle Crest subdivision to the west side of the intersection of Melcher Street and Hill Avenue.
(9) The water main in the subdivision shall be an 8-inch ductile iron main, unless the City
specifically allows a smaller diameter pipe.
(IO) the water system design for compliance to the City requirements.
(1 1) by the City prior to Final Plat approval.
(12)
The Developer shall extend the 8-inch ductile iron water main that was installed for the
Prior to issuance of an excavation permit, the City Public Works Department shall review
All water system improvements will be complete, and the as-built drawing will be accepted
All water mains in the right of way shall be deeded to the City
Ordinance No. 1794
Page 3 of 6
SEWER:
(13) the sewer system design for compliance to the City requirements.
(14)
generator capable of operating both pumps simultaneously and meet the following requirements:
Prior to issuance of an excavation permit. the City Public Works Department shall review
If a sewer pump station is required, it shall be equipped with an on-site emergency
(a)
(b)
(c)
(d)
Be an explosion proof assembly.
Be a dual pump assembly.
Have on site a water outlet, 100-volt outlet, and a telephone conduit for
future telemetry connection.
The area shall be fenced with at least a six (6) foot high fence with a tip
bar.
(15)
subdivision street to be able to serve surrounding properties.
(16)
(17) City prior to Final Plat approval.
(18)
The sewer main will have a manhole in the intersection of Melcher Street and the new
The sewer system will be televised and inspected prior to acceptance by the City.
All sewer system improvements will be complete and the as-built drawings accepted by the
All sewer mains shall be deeded to the City
STREET:
(19)
way.
(20) of those lots shall be signatory to a road maintenance agreement for the driveway.
(21)
(22)
(23) road improvements at the time of the building permit issuance.
(24) Prior to issuance of the excavation permit after approval of the preliminary plat, the
developer shall deed the south 15 feet of the property to the City for right of way purposes.
(25) A lighting plan shall be submitted and deemed acceptable to Puget Sound Energy
standards and to the City Engineer prior to placement of any outdoor illumination. At a minimum,
street illumination should be located at each entrance, Lot 28 and Lot 25.
(26) the road slopes are 12% or less.
The street is to meet City standards and shall be dedicated to the City as public right-of-
The private driveway which serves Lots 7 and 8 shall be a private driveway road and each
There shall not be any access from the lots to Melcher Street or Hill Avenue.
Sidewalks are required, on both sides of the street.
The Final Plat shall show that each house in the subdivision shall pay the City $400.00 for
There shall not be any slope greater than 12%. The Engineer of Record shall certify that
7 . ~. ---------
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FCRT OR:dRRD CITi Of
Ordinance No. 1794
Page 4 of 6
(27) The developer should provide the City with $1 50.00 to pay for the following signs and
posts:
1 Street Sign
1 Stop Sign
1 Dead End Sign
STORMWATER
(28) standards.
(29)
(30)
the stormwater system design for compliance to the City standards.
(31)
All stormwater conveyance, detention, and water quality facilities shall be designed per City
The stormwater system shall be designed by a professional engineer.
Prior to issuance of an excavation permit, the City Public Works Department shall review
The stormwater pond shall be owned and maintained by the Homeowner's Association.
PARKS:
(32) Prior to Final Plat approval, the developer shall have constructed a playground in a location
designated by the City Council and equipped with the following equipment, as approved by the City:
1 Set of 2 Chair swings.
1 Slide.
1 Impact resistant surface.
Complete perimeter fencing
The playground shall be constructed by the time ten homes are occupied, or no other (33)
permits or certificate of occupancies shall be issued.
(34) Association.
The neighborhood park shall be deeded to and maintained by the Homeowner's
SURVEYING:
(35) Ail lots will be surveyed and recorded
UTILITIES:
(36) All utilities will be underground
FIRE:
(37)
(38) p.s.i, is required for one and two family dwellings not exceeding 3,600 gross square feet.
(39)
flow of 1,500 gallons per minute and may require more depending on building size and type of
construction as per Appendix Ill-A of the Uniform Fire Code.
Fire hydrants on the plat shall be spaced no more than 400 feet between each hydrant.
A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure of 20
All other buildings (including larger one and two family dwellings) require a minimum fire
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PORT ORCHARD CITY OF
Ordinance No. 1794
Page 5 of 6
(40)
unobstructed vertical clearance of not less than 13 feet 6 inches.
(41)
with approved provisions for the turning around of fire apparatus.
(42)
diameter and 48 feet outside diameter.
(43) PreventionlEducation office for review.
(44) Before construction may begin on any lot, Fire Department vehicle access must be
provided. Access roads shall be provided for all structures more than 20 feet in unobstructed width,
be designed and maintained to support the imposed loads of fire apparatus, and must have a
surface that provides all-weather driving capabilities.
Fire apparatus access roads shall be an unobstructed width of not less than 20 feet and an
All dead end fire apparatus access roads in excess of 150 feet in length shall be provided
The turning radius of a fire apparatus access road shall be a minimum of 35 feet inside
Construction plans for the utilities will need to be submitted to the Fire District's Fire
ADDRESSING:
(45)
(46)
office.
The developer must apply for and be issued addresses prior to a building permit
The street located within the development shall be assigned a name by the City Clerk's
I
SEPA I
(47)
Wildlife to minimize disruption to the heron rookery.
(48)
permit issuance, if the City adopts a general implementing ordinance.
(49)
be recorded against the property prior to the time of final plat approval:
The project shall comply with any restrictions established by the Department of Fish and
To reduce impact to the school system, mitigation fees will be paid at the time of building
The following conditions shall apply to the Covenants Conditions and Restrictions that will
(a) The city must review and approve before final plat approval those portions
of the CCBRs that address conditions of preliminary plat approval.
No condition in the CCBRs that address a condition of plat approval can
be amended without the prior consent of city. This also must be stated in
the CC&Rs.
The CC&Rs must contain a provision that gives the city the authority to
enforce the provisions of the CC&Rs that are conditions of plat approval.
The CC&Rs must allow the city to enforce the provisions that relate to Plat
approval and give the city lien right's against all lots, in the same manner
that the association itself would have for enforcement action, which will
include legal and administrative costs incurred in the enforcement process.
The CC&Rs must have boiler plate language that indicates the city's
failure to enforce a condition is a particular case is not a waiver of the
condition in general.
(b)
(c)
(d)
(e) - 7-
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PORT ORCHRRD CITY OF
Ordinance No. 1794
Page 6 of 6
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 8thm
ATTEST:
A
Patritia Parks, City Clerk
APPROVED A SPONSORED BY:
OW'UGONAL LEGAL DESCWBPTIONS:
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THE WEST ONE HALF OF THE SOUTH ONE HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER IN SECTION 35. TOWNSHIP 24 NORTH. RANGE 01 EAST OF
THE WILLAMETTE MERIDIAN.
EXCEPT THE EAST15 FEET AND -
EXCEPT THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT:
THENCE NORTH 30 FEET:
THENCE WEST 159.52 FEET TO.THE TRUE POINT OF BEGINNING:
THENCE NORTH 200 FEET:
THENCE WEST 110 FEET:
THENCE SOUTH. 200 FEET:
THENCE EAST 110 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT ALSO MELCHER STREET.
SITUATED IN THE CITY OF PORT. ORCHARD. COUNTY OF KITSAP. STATE OF WASHINGTON.
THE WEST ONE HALF OF THE SOUTH ONE HALF OF THE NORTHWEST QlJARTER OF
THE NORTHWEST QUARTER IN SECTION 35. TOWNSHIP 24 NORTH. RANGE 01 EAST OF
THE WILLAMETTE MERIDIAN.
EXCEPT THE EAST15 FEET AND
EXCEPT THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRA
THENCE NORTH 30 FEET:
THENCE WEST 159.52 FEET TO THE TRUE POINT OF BEGINNING:
THENCE NORTH 200 FEET:
THENCE WEST 110 FEET:
THENCE SOUTH 200 FEET:
THENCE EAST 110 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT ALSO MELCHER STREET.
SITUATED IN THE CITY OF PORT ORCHARD. COUNTY OF KITSAP. STATE OF WASHINGTON.
I 15.
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SCALE: 4"=1 MILE
/
.
: RH ZON I NG : CITY OF PORT ORCHARD ROADS
: 9 ACRES PLAT AREA WATER -
: 30 SFR NO. OF LOTS
MIN.LOT SIZE : 5500 SQFT
SANITARY SEWER : -
STORM DRAl NAGE : -
I
: PUGET POWER & LIGHT
: US WEST
AVE. LOT SIZE : ?000 SQFT POWER
LENGTH OF ROAD : 1120 FEET TELEPHONE
CABLE TV
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NOTES:
I. TOPOGRAPHY & PLAT BOUNDARY BASED ON ACTUAL FIELD SURVEY
2. HOMEOWNERS ASSOCIATION TO BE FORMED FOR UPKEEP AND MAINTENANCE
OPEN SPACE TRACT A. STORM RETENTION TRACT C AND OTHER COMMUNITY
FACILITIES.
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PESIGPIED BY:
NR DELTA ANGLE
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I9'00'00'
59'36 -33"
138' 29 '42'
37'06 ' 20'
8Y 59 * 54"
90'00~00'
15'52'34'
100'37.54"
CURVE RAD I US
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205.00'
185.71'
55.00'
20.00'
20.00'
20.00-
155.00'
20.00'
ARC TANGENT CHORD
31 .42' 20.00' 28.28'
67.98' 34.31' 67.67'
93.21' 106.38. 184.61 '
32.95' 145. 15' 102.86'
12.73'
28.28'
42.81'
30,78 '
28.28.
CHORD BEARING
N 46'01'23"E
N 10'31'23-E
N 49'49'40-E
S 31'07. 13'E
S 19'34.28-W 0 25 50 IO0 I50
S 43'58'42-E
N 43'58'37"W
N 08'57'40"E L I NE BEAR I NG D I STANCE
35.00'
35.00- L2
L3 N 20'01.23-E 13.67' N 28'48.29"W
L4 N 01'01'23"E 55.00' N 49'49'40"E
S 49'52'04-E L5 S 69'58'37"E 55.00'
N 01'01'23-E
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59.42. N 10'31.23-E CITY OF PORT ORCHARD
PUBLIC WORKS
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LATE:
6/11/99
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bRAWN BY: jan
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38.58'
n" iHEET NUMBER
Q OF a
OB NUMBER
4794