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1617 - Ordinance - Prelim Plat of Heron Ridge SubdivisionORDINANCE NO. 1617 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING PRELIMINARY PLAT OF HERON RIDGE SUBDIVISION, AS SUBMITTED BY JERRY CLARK. PROPERTY LOCATED ALONG THE 200 BLOCK OF MELCHER AVENUE. WHEREAS, Jerry Clark, owner of record, has submitted an application for preliminary plat to allow subdivision of approximately nine acres of property located along the 200 block of Melcher 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. 216-94 - ATTACHMENT "A" recommending approval of said petition, and WHEREAS, The Council of the City of Port Orchard did hold Public Hearings on September 26, 1994 and October 10, 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. 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 Heron Ridge allowing a subdivision of approximately nine acres into 35 lots located along the 200 block of Melcher Avenue, to construct single family homes with the following 31 conditions: 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 Ordinance No. 1617 Page 2 of 4 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. S. The Developer shall connect to the S 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. 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 Ordinance No. 1617 Page 3 of 4 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 eat age 9c the two_ a, soG+;--n entrance (eastern access) of Heron Loop to Hill Avenue. (Language amended to reflect Council intent for residential one-way feeder -Council 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. 22. The contractor shall construct 4 foot wide concrete sidewalks on both sides of the road. aceess ad requ4pes City Ce „ it al- (Deleted by Council action on 10124194adoption 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. Ordinance No. 1617 Page 4 of 4 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 size, exact location 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. LEGAL DESCRIPTION PASSED by the City Council the Mayor and attested by the Clerk in 24th day of October, 1994. ATTEST: Patricia Parks, City Clerk APPROVED AS TO FORM: City Attorney ATTACHMENT "B" of the City of Port Orchard, SIGNED by authentication of such passage this LESLIE J.`WEATHERILL, MAYOR SPONSORED BY: Councilwoman Powers CITY OF PORT ORCHARD Ordinance No. 1617 PLANNING COMMISSION Attachment "A" RESOLUTION NO. 216-94 A RESOLUTION BY THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A SUBDIVISION OF 9 ACRES OF PROPERTY LOCATED ALONG THE 200 BLOCK OF MELCHER STREET, AS REQUESTED BY JERRY CLARK LEGAL DESCRIPTION: Exhibit B. WHEREAS, the applicant has requested to subdivide 9 acres of land into 35 lots; and WHEREAS, a public hearing was held on Monday, June 20, 1994, and the Planning Commission considered the facts of the proposal, testimony, and materials presented at the hearing; and WHEREAS, a SEPA checklist has been submitted and received a Mitigated Determination of Nonsignificance; and WHEREAS, the proposed use of the property and housing density is 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: There is considerable space set aside as open space. In addition, monies will be made available towards the creation of a playground in the neighborhood of the subdivision. Finding: Residential subdivisions shall make appropriate provisions for schools. Fact: 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. Finding: Stormwater will be conveyed to detention ponds using best management practices. Water and sewer service is nrnvir3Pd hV the city of Port orchard. planning Resolution 216-94 Page 2 of 5 Heron Ridge WHEREAS, approval is based upon the following conditions: PLANNING: 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 and hydroswale. 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 enumerated at this time. 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: 1. The preliminary plat does not show the water system or the fire hydrant placement. The following conditions are recommended: A. 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. B. 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 at Hill Avenue. An air release valve will be required at the system high points. 2. The standard conditions dealing with water construction and connection fees would apply. SEWER: 1. The preliminary plat does not show the sewer system design. If the proposed sewer is extended to the north, the issue of crossing the ravine in the northwest corner becomes important. nrrli nanno TTn. 1F17 Attachment "A" Planning Resolution 216-94 Page 3 of 5 Heron Ridge 2. The topography on the map does not correlate to that actual topography measurements from sea level. 3. If the gravity system cannot be installed, the subdivision will have to be served by a pump station. More information would be needed to evaluate this requirement. STREET: 1. 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. 2. 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 3. The driveway to Lots 9, 10 and Tract B will be a private road. Hill Avenue is a private road and is not available for use, unless the owners provide the subdivision an easement. The City will not maintain this driveway and it does not maintain Hill Avenue. 4. The City policy for a fee of $400 per house and land dedication applies. 5. The Developer should construct a paved six foot shoulder along the Melcher Street border from Pottery to Hill to provide enhanced pedestrian/bicyclist access. STORMWATER: 1. By having the stormwater easement straddle a property line, there is the potential problem of property owners putting a fence in the middle of the easement. The fence can damage the pipe and will prevent the City from using the easement to get to the pond. Although the easement states that a fence could Ordinance No. 1617 Attachment "A" Page 4 of 5 Planning Resolution 216-94 Ordinance No. 1617 Heron Ridge Attachment "A" not be constructed, the owners may do so without the city's knowledge. 2. The easement needs to be a minimum of 12 feet wide to allow vehicle access to the pond. 3. 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. 4. Any bioswale needs to be a minimum of 200 feet. 5. The hydroseeding and pond maintenance standards for Windfall Place would apply. BUILDING: 1. The City is having consistent problems with the small lots and setbacks. Trying to build the house of choice on a lot which cannot accommodate it can be very problematic. Lots 27, 28, 29, 30, 9, 10 and 11 have potential setback problems. PARKS: 1 residential should imposed yllow the parks department to constructarkrpground in this neighborhood. SURVEYING: 1. All lots will be surveyed and recorded. 2. Each lot should have survey markers installed. FIRE: 1. Provisions for emergency vehicle turnaround shall be provided for on dead end roads, wide areas, personal driveways with wide approaches and/or cul-de-sac. MISCELLANEOUS: 1. The Post Office may require combination boxes and not allow individual mail boxes. Plans should be made accordingly. 2. A buffer or fence along Melcher Street would lessen the impact of the subdivision and would lessen the street noise. 3. To reduce the impact to the school system, mitigation fees will be paid at the time of building permit issuance, if Planning Resolutiol 216-94 Page 5 of 5 Heron Ridge Ordinance No. 1617 Attachnent "A" the City adopts a general implementing ordinance of the school impact fees prior to that date that a complete building permit application is accepted. The proponent can also mitigate the impact to the school system by negotiating a settlement with the South Kitsap School District. 4. Kitsap Transit states that it does not currently have a routed bus service for this site. Additionally, the spokesperson commented that they support the accommodation of internal pedestrian activity, (ie. sidewalks and street lights), to facilitate resident access to rideshare and paratransit should it become available in the future. WE THEREFORE FIND: that the proposed subdivision is compatible with surrounding land uses and will not have a detrimental effect on adjacent properties. CONCLUSION, based on the facts, testimony, and materials presented at the hearing, we therefore conclude the at the Heron Ridge subdivision is in harmony with the general purposes of the Zoning Ordinance and surrounding Comprehensive Plan designations. BE IT RESOLVED, that the Planning Commission of the City of Port Orchard hereby respectfully requests that the City Council approve the preliminary plat of the Heron Ridge subdivision. PASSED this 20th day of June 1994. CITY OF PORT ORCHARD PLANNING COMMISSION O ohn Hokanson, Chairman ordinance No. 1617 Attaclmient "B" 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*46130" 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*58140" 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 110.00 feet; thence North 0*50'52" West 200.00 feet to the True Point of Beginning. v 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 October 24, 1994. ORDINANCE NO. 1617 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING PRELIMINARY PLAT OF HERON RIDGE SUBDIVISION, AS SUBMITTED BY JERRY CLARK, APPLICANT. PROPERTY LOCATED ALONG THE 200 BLOCK OF MELCHER AVENUE. LEGAL DESCRIPTION AVAILABLE UPON REQUEST. Copies of Ordinance No. 1617 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. 1617 will be provided at a nominal charge. City of Port Orchard Michelle Hager q Q Deputy Clerk Publish: Port Orchard Independent November 2, 1994