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1612 - Ordinance - Prelim Plat of Poplar CourtORDINANCE NO. 1612 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING PRELIMINARY PLAT OF POPLAR COURT SUBDIVISION, AS SUBMITTED BY CHARLES BOWMAN. PROPERTY LOCATED AT 106 POPLAR STREET. WHEREAS, Charles Bowman, owner of record, has submitted an application for preliminary plat to allow subdivision of approximately 1.33 acres of property located at 106 Poplar Street, 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. 220-94 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold a Public Hearing on September 12, 1994 to hear testimony of fact and conclusion as follows: FINDINGS OF FACT: The use requested is compatible with other uses in area. The proposed use is a permitted use within Residential High Zoning. CONCLUSION: Based on testimony, materials presented and findings of fact, the Port Orchard City Council does hereby conclude that approving this preliminary plat would not be detrimental to the health, safety, morals and general welfare of the community. NOW, THEREFORE, be it ordained that the Council of the City of Port Orchard, Washington does hereby approve the Application for Preliminary Plat for Poplar Court allowing subdivision of approximately 1.33 acres into 7 lots located at 106 Poplar, to construct single family homes with the following 17 conditions: 1. A scaled grading plan shall be submitted identifying existing and future grades. 2. A minimum of one street tree with a minimum caliper of 2.5 inches shall be installed within the front yard of each lot. 3. The lots will be restricted to single family residences. 4. The 4 inch water main is adequate only if the Fire Chief does not require a fire hydrant inside the subdivision. Ordinance No. 1612 Page 2 of 3 5. The water main shall have a "Blowoff Assembly" as part of the project. 6. The sanitary sewer main should be less deep if possible. A ten foot cut will have more impact in the wetlands than a 4 foot cut. 7. The trench in the wetlands has to be hydroseeded to prevent sedimentation in the area. 8. 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. 9. All roads should be deeded to the City as public roads and conform to City standards for both roads and sidewalks. 10. The developer will be required to connect the sidewalks to Poplar Street. 11. Street lighting to be determined by Police Chief and City Engineer. 12. In addition to the individual street tree requirements, it would be preferable to plant additional trees at the curve of the new road or other landscaping similar to the entrance of Windfall Place. 13. A 25 foot enhanced buffer and a 15 foot no -build zone shall be created between the wetland and the subdivision. A landscape plan with appropriate native wetland vegetation shall be submitted and implemented as part of the Building Permit process. 14. Prior to final plat approval, the developer shall pay $1,500 for City playground equipment. 15. Modify access to lot #5 to provide better access to the road. 16. All lots will be surveyed and recorded. 17. Each lot should have survey markers installed. LEGAL DESCRIPTION: ATTACHMENT "B" Ordinance No. 1612 Page 3 of 3 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 26th day of September, 1994. C, `555 LESLIE J. WEATHERILL, MAYOR ATTEST: Michelle Hager, Deputy Jerk APPROVED AS TO FORM: SPONSORED BY: City Attorney Councilwoman Powers Ordinance No. 1612 Attachment '.'Al' CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 220-94 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A PRELIMINARY PLAT SUBDIVISION OF 1.33 ACRES OF PROPERTY LOCATED AT 106 POPLAR STREET, AS REQUESTED BY CHARLES BOWMAN LEGAL DESCRIPTION: Exhibit B. WHEREAS, the applicant has requested to subdivide 1.33 acres of land into 7 lots; and WHEREAS, a public hearing was held on Monday, August 15, 1994, and the Planning Commission considered the facts of the proposal, testimony, and materials presented at the hearing; and WHEREAS, a SEPA checklist and wetlands study have been submitted and received a Mitigated Determination of Nonsignificance; and WHEREAS, the proposed use of the property and housing density are in harmony with the provisions of the Comprehensive Plan; and WHEREAS, the following findings of fact exist relative to the subdivision proposal: Finding: Property subdivisions shall make adequate provisions related to the public's health, safety and general welfare. Fact: The subdivision will be served by the City water and sewer system. Roads will include pedestrian sidewalks. Finding: Property subdivisions shall make adequate provision for open space, parks and playgrounds. Fact: Monies will be made available towards the augmenting of a playground in the neighborhood of the subdivision. Finding: Residential subdivisions shall make appropriate provisions for schools. Fact: As a SEPA mitigating measure, the project will pay school impact fees when and if the city establishes the required ordinances. The proponent can also mitigate the impact to the school system by negotiating a settlement with the South Kitsap School District. Finding: Property subdivisions shall make adequate provisions for streets, drainage ways, sanitary wastes, and water supplies. Ordinance No. 1612 Attachment "A" Planning Resolution # 220-94 Page 2 of 3 Poplar Court Fact: Stormwater will be conveyed to detention ponds using best management practices. Water and sewer service is provided by the City of Port Orchard. A buffer will be created to ensure proper protection of the wetland. WHEREAS, approval is based upon the following conditions: 1. A scaled grading plan shall be submitted identifying existing and future grades. 2. A minimum of one street tree with a minimum caliper of 2.5 inches shall be installed within the front yard of each lot. 3. The lots will be restricted to single family residences. 4. The 4 inch water main is adequate only if the Fire Chief does not require a fire hydrant inside the subdivision. 5. The water main needs a "Blowoff Assembly" as part of the project to allow flushing of the new construction and periodic maintenance. Since we cannot flush chlorinated water into the wetlands, the assembly should be near a sanitary sewer manhole, if possible. Otherwise, we will use fire hoses. The assembly does have to be placed in such a way as to direct the water into the storm system. If not, we would flood the yards during annual water main maintenance. 6. The sanitary sewer main should be less deep if possible. A ten foot cut will have more impact in the wetlands than a 4 foot cut. 7. It would reduce the impact to the wetlands if the sanitary sewer were installed within the next 6 weeks. Otherwise, the work may have to be done in the winter. 8. The trench in the wetlands has to be hydroseeded to prevent sedimentation in the area. 9. 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. 10. All roads should be deeded to the City as public roads and conform to City standards for both roads and sidewalks. 11. If the sidewalk on Poplar does not extend to the new sidewalk, the developer will be required to connect them. Ordinance No. 1612 Attachment "A" Planning Resolution # 220-94 Poplar Court 12. No street light is anticipated. Page 3 of 3 13. In addition to the individual street tree requirements, it would be preferable to plant additional trees at the curve of the new road or other landscaping similar to the entrance of Windfall Place. 14. A 25 foot enhanced buffer and a 15 foot no -build zone shall be created between the wetland and the subdivision. A landscape plan with appropriate native wetland vegetation shall be submitted and implemented as part of the Building Permit process. 15. This project is too small to require on site playground equipment. However, a financial payment or a piece of equipment must be provided for Van Zee park to help mitigate the extra use that the park will receive. 16. Modify access to lot #5 to provide better access to the road. 17. All lots will be surveyed and recorded. 18. Each lot should have survey markers installed. 20. The Fire District which services this area will be the City of Port Orchard, not KCFD #7 as indicated. 21. Fire flow will need to be reviewed once the size and construction of the new houses are identified. If a fire hydrant is needed the main size will- need to be. upgraded accordingly. PASSED this 15th day of August 1994. CITY OF PORT ORCHARD PLANNING COMMISSION '4L 0. ohn Hokanson, Chairman ATTEST: Marc re Kava *ugh Associate Cit Planner POPLAR COURT SUBDIVISION Ordinance No. 1612 Attachment "B" LEGAL DESCRIPTION: That part of the southwest quarter of the southwest quarter of Section 35, Township 24 North, Range 1 East, W.M., described as follows: Beginning at a point 1023 feet north and 1320 feet east of the southwest corner of said Section 35; thence north 70 feet more or less, to a point in the center of county road; thence west parallel to the south boundary of said Section 35, 208.71 feet; thence south 70 feet, more or less, to the northwest corner of the property conveyed to Lewis E. Forsythe and wife by Deed recorded in Volume 165 of Deeds on page 570, as Auditor's File No. 177194, records of said county; thence south 208.71 feet; thence east 208.71 feet; thence north 208.71 feet to the point of beginning. Situated in Kitsap County, Washington. NOTICE 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 September 26, 1994. ORDINANCE NO. 1612 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING PRELIMINARY PLAT OF POPLAR COURT SUBDIVISION, AS SUBMITTED BY CHARLES BOWMAN, OWNER. PROPERTY LOCATED AT 106 POPLAR STREET. Copies of Ordinance No. 1612 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. 1612 will be provided at a nominal charge. City of Port Orchard Michelle Hager Deputy Clerk Publish: Port Orchard Independent October 5, 1994