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Home My WebLink About2948 RESOLUTION NO. ~ ~ ~ A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the preliminary plat and planned unit development (File No. BP04-00334). WHEREAS, the City has received a Preliminary Plat and Planned Unit Development application for the north side of Arsenal Way, 200 feet east of Marion Avenue from Habitat for Humanity 0fKitsap County; and WHEREAS, On October 19, 2004, the Administrative Hearing Examiner held an open record hearing on the application pursuant to BMC 21.02.855; and WHEREAS, the Administrative Hearing Examiner has entered findings, conclusions and a recommendation to the City Council dated November 23, 2004 Council's acceptance and approval; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves and adopts the findings, conclusions and recommendation of the Administrative Hearing Examiner attached as Exlfibit "A" and approves the preliminary plat and planed unit development for north side of Arsenai Way, 200 feet east of Marion Avenue (File No. BP04-00334) subject to the proposed conditions contained in Exhibit "A." SECTION2. Severabilit~. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION& Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this ~2 day of~_~.~, 2004. DAt~N NYGREN, Cont~c~fl President '"~ODo,~ER A. LUBOVICH, City Attom~ P~'~II~X J-6H~Olq, I"nterim City Clerk R:\LEGALkResotutions\Conmnunity Dev~lo.~lm,tff~rsenal Way PUDMoc 1 Arsenal Way PrelimbtatTP Plat and PUD BEFORE THE HEARING EXAMINER OF THE CITY OF BREMERTON In ti~e Matter ol'lhc Application cfi' ) N(). B}'04-OO334 Habitat fl~r [lumaniD~ ) I-INI)IN(iS. ('()MCI [ ISI()NS ) ANI) RFX'()MMI,~NI)ATtON For Approval of a Planned /;nit Development and ~ubdivision. SUMMARY OF RECOMMENDATION The Hearing Examiner recommends that the request lbr a Planned / ;nit [ )cx<,lopment and Subdivision to dix ide txxo parcels imo 18 indix iduat lots plus open space lracts construction 18 single-lhmil5 and toxx nixmse dwelling milts as x~cll as 38 oflkstreel parking spaces bc APPROVED. sul!}cc~ to conditions. SUMMARY OF RECORD Requesl Habitat lbr Humanit5 of Kitsap Count> (Applicant) requests approx al of a Planned [ nil Development (PUD) and Subdixision lo dix ide two parcels into t 8 indix idual lots plus open space tracls, and to construct 18 single-fhmily and to~nhousc dx~elling units as well as 38 ottUstreet parking spaces, l'he txxo parcels constitute 2.69 acres and arc located on the north side o[' A~sena] Wa>. 2(10 [~et east o( Marion Ax enue in Brcmerton. Kitsap County. Washington.~ t leafing An open record public hearing on thc matter was held bclbrc the [tearing Fxaminer of the Cily of Bremerton ma October 1% 2t )4. '[cstimonX The fbllowing individuals submitted testimony under oafl] at the hearing: I. Roberl (immbach, City of Breme~gon Planner 2. Paul Wandling. CiU of Bremerton Civil Engineer 3. Loft ()bcr[ander. ~(xccutixc Director. ~abitat lbr Humanit? of Kitsap ('otmlv 4. Susan Venard kxhibits ! The parcels' legal description is "lx>t O_TM I: 2224 } 1. Lot A City ol }~,l-enleffton Silk,ri Plat No Recorded under Auditor's File 7805[501()9 Fhat portion of thc N t~qlm 051 Qualxet of thc Northeast Quarte~ of Section 22. Fo~ship 24 North. Rdngc I East. W M. Kilsap Count5. ~ ashtngton. Lot 022: 22241E. Lot B Git> ol Bremerton $horl Plal No B-34. Recorded undel Auditm', l-lie 78t~51qO t09. That porlion oi'tl~e Nor~hxxcst Quarter of the Northe~:ql Quane~' of Section ? Fo, n>hip 24 Nix-th. Range I East. W.M. Kitsap Coun~x X~ashmgron. ' The 1 ax .As>e%or Account Numbc~ $ are 222.4OI- [ -021-20(}4 alqd 222401- 1-022-20o3 The following exhibits v, erc admilted to the official record al the hearing: [~xhibit I Sml'f Report dalcd (~ctobcr IcL Attachment A: PI ~1) Application dated Jul) 13. 2004 Attachment B: S[,PA Detcrminatinn dated ()clobcr 4. 2004 Attachment C: Photographs of Sul~cct ProperU Attachment D: ('omprehensi~c Plan Dcsi?ation Map Attachment F: Neighborhood Meeting Notes dated Augnsl 12. 2O04 Attachment F; Allen l lart Rcp0rI of Limited Soil Stud~ dalcd Jul5 I g. 2004 Attachment G: Allen l lart Soil & Slope Surxc5 and (icological Report dated Jul5 13. 2004 Attachment [I: Conditional Water and Sewer Ax ailahilit5 l.etter dated M% 19. 2004 qttachment I: MAP LTD Hydrologic Anabs[s dated Jul3 13, 2004 Attachment J: Cit5 StaffComments Attachment K: Legal Notice Exhibit 2 ViciniU Map and Nile Plan Exhibit 3 Cop5 of Power Point Prcsemation Exhibit 4 I.ctter fi'om Susan Sweetxxmer dated ()clober 21)04 Based on the testimony and exhibits submitted at the open record hearing, the Hearing Examiner enters the [bllowing Findings of Fact and Conclusions: FINDINGS OF FACT 1. The Applicant requests approval ora Planned Unit Dex'elnpn~ent {P{ [% and Subdivision tn divide two parcels into 18 indixidual lots plus open space tracts, and lbr cnnstructinn of 18 single-fhmil5 and to~nhouse dwelling unils as well as 38 oflL street parking spaces. The two parcels constitute 2.69 acres and are located on the north side of Arsenal Way. 200 lket cast of Marion Ax enue in Brcmcrton. Kitsap County, Washington. Exhibit 1. Slu// Report, page I, l:~vhihil 1, lllttchmenl,4 2. The su~iecl prope~t> is in a "Residential Loxx Densits" (SF-3) zone. and is designated as "Medium Densit)Residential" in the ComprehensNe Plan. A Pt rD in a SF-3 zone with at least 15% open space is allox~ed a maximum densiu oi' 8 d~clling units per acre and a maximum number of 21 dx~clling units. The proposed plan would include 34% open space and would create 18 dx~elling units, rendering a dc~sit) of 6.7 dwelling units per acre. l~rhihil 1..4iluc]lmcl?l .4. 7i'~timo~0 o/ llr (irtmThac'h 3. The site is currcntl3 xacant and has been used as a fill site in lhc past. The land is mostly fiat. with 60% slopes in thc northeast comer cumprisi~g 5" ,, of the total site. Exhihil /, ~ ltlachmcnf ]3 4. Surroanding areas to thc soutln, east and ~eSl are h~ a NF-3 z{~nc, ami properties to the north arc in a "Residential Medium Densit~" (M F) 7on¢. Residences arc to the south: undeveloped properties are to the cas1: a mini ~urehouse and residences are to the west: and. a conxalescen/center and undexclopcd properties arc to lhc north, f,'xhihi[ 5. The proposal ~ould cveale 18 zero Iol line structures, lx~o ol the slruclures would meet the delinilion of"tox~nhomc" scl fi)rrb in BMC 21.O2.070. Ahhough townhomes are nol permilled in a NF-3 zone. tl~e flexibHit) ~ramcd lo alex elopment standards in a I)~ ~D creale an opportunity to include toxwdmmes in tine design. The average ]ol size would be 2.309 square lbel, ~ith the smallesl Iol measuring I,R16 square lket and thc largest measuring 3.235 square Iket. All homes x~{mld be single- sroD and building heighls ~ould not exceed 25 lbel. No x ic~,s ~ould be ahered or obstrucled. Evhihi[ /, S'l~(ff R~q~m'[, F~tXc 5; ~x'hihit /, ,4Hoch,tcnt ,I fL~hihi~ ]. .4llglc'hmenl B 6. The proposal ~vould create 39.900 square tbet of open spaces. Passixc open space measuring 9?)52 square lbet ~,ould be located in thc site's northcasl corner lo preserve the slope area and allocated setback. Actixc open space measuring 29,948 squm'e l~et xxould b¢ located in the c¢l]ler of the site and ~ould include common 3ard areas, a pla3groand, pea palch gardcas~ a small sheller, and pax ed pedestrian walk~ays. In all, 34% of the total site area would be designated ~pen space. ]. ,41tcIL']IllluIll t. 7. Access to the site ~ould bc provided ~ia Arsenal Wa3 through Ix~o points of access: at the site*s ~*cst east margh~s. Internal circulation would be prox ided through a pri~ate road tract tha~ xxould borde~ 1he perimeler of thc dex elopmem. -Ihe prix ate road tract would ha~e two 10-kK>l xxide lanes, one 8-1hot wide parking strip, a wide sidewalk on one side, and txxo 6-inch curbs on bod~ sides. Sidcxxalks t~ould also be provided along the edge ol'the pax ement of Arsenal Wa}. Along/he prixal¢ road tract, 38 oft:street parking spaces would be installed. ~Zx']lihil ], NIuffRW~ol'l, ];Lt~e.~ 9, ~md IH; Evhihil l..4llochmen1.4. E.yhihil 2 17cini(!' :l&q~ ~tnd X/lc 8. Approximatel~ 23 peak hour vehicle trips x~ould be generated b~ dne prqject. Fhe area is served b2 Kitsap Transit. ~ hh the closest slops on Charlotte Axenue and Street, Exhibit 1, ,S'IU(~ Rdf~OFI. ]~clXV ]/ E.¥hihil 1. tlt~IuhlHUtll ]~ 9. In addition to the open space designation. 8,906 square tbet of landscaping ~¥ould provided. Landscaping would be prox ided h~ all selback areas and actLe open spaces, as x~,ell as along Arsenal Wa) and along the site's perimeters in order lo creme a visual but]br. Homeowners would provide landscaping in indix idual ~ards. I:'.vhihR 10. El~ctricilF, tel'use serx icc. natural gas. telephone, v~atcr, sanhar~ s)Mem, and CATV arecurrentlx a~ailable al thc site. lhesitcis~ithinthc('itx'~uliliix scrxicearem which has an adequate snppl) m proxidc ~ater and se~er serk icc to tile site. Waste~ater service is conditionallx axailablc, l:'vhihi~ / ,4[~whtncn~ tl 1 I. During collstrtlctio~l. SOlnC exhatlst ['rolll heax ~ equipmenl and dusl illax occur. I'he site xxould be watered in order to minimize the generation ofdusl. 'lhe onl~ grading to occur would be associated ~ith roadx~ay improvements and building envelopes. An estimated 700 cubic }ards of fill and 700 cubic 5 ards ol'cal tkould be needed. During construction, no gmundx~aler would bc k&ithdra~kn, lherc ~ould be discharge imo lhe ground~ater, and no waste ~ould be deposited imo the ground. There is no surlkce water in the vicinity. During and after construclion, ranoffwould be conducted t~, an on-site slormx~aler management Ihcilil~ consisling of caleb basins and tighlline piping, hLYhihil ]. ,lll~chmenl fi 12. Fir trees, grass. Scotch broom and blackberries exist on-site, most of which x*ould be removed during construction. The trees in the nortlneast corner ~)1' the site would be preserx ed. There arc 11o threatened or endangered species Oil-Nile alld Ihe site is not pa~ ot'an~ migration route. Songbirds live on-site. ~J.¥hihil ]. 13. Pursuant to thc Ntate Enx ironmental Policy Act (SEPA). the applicalion x~as rc~ie~ed lbr possible enxironmental impacts. The Cit} of Bremcrton DepmTment of Communit~ Development x~as designated Icad agenc~ and thc Responsible ()fficial concluded that the preiect would hax e no pmbabb significant adx erse em ironmental impact. A Determination of Nonsignificance was issued on October 4. 2004. and became final on October 18. 2004. ~f.¥hibi[ 1. ,%'lqff Rel~Orl, 12~i~c 14. k2vhihi~ L .41l~c'hment B 14. In response to concerns over a possible sinkhole on-site. General I Laboratories. Inc. conducted an inx csfigmion on March 10. 2004. ['he imestigation [k~und that fill at thc location examined was at leasl 21.5 lbet thick, ~as in a medium dense condition, and was moisl with no groundx~ater flows obserx ed. Ihe investigation concladed that no sinkhole x~as presem on-site. EYhihil ] F. 15. A soil and slope survey and geological report was condacled Io cx aluate polenlial erosion and landslide hazards on-site. The reporl holed thal no al-cas of nloderate to steep slope would be modified or disturbed as a result o1' the pr~Ljcct, and that all disturbed or bare ground areas ~ould bc landscaped, re~cgclaled or otherwise prmected to reduce the potential lk)r post-construction erosion. Ibc only area that was ~und to be a landslide hazard area and erosion hazard area was in the northeast comer. That area ~ould remain andismrbed and ~ould ha~e a 15-1k~ol selback from the toe of the slope. Although a 50dbot setback from the toc of thc slope is generally required from a landslide hazard area. the repor~ concluded that the reduced setback would be sufficient because the slope would m)t bc disturbed during c~mslruction and because the area n¢xt to the setback would onl~ be used lbr parking, l:~¥hihif 1, 1 6. A hydrological anal> sis conclndcd that. at,er installation of thc pr(q~n~ed drainage S)Slenl and site stabilization, the silo would meet thc standards of Kitsap ('Otllll} 'S Slormwaler Management ()rdinancc. bJxhihil 1..qllrtr']l#?ctl[ ] 17. Notificalion t)[a neighborhood meeting was senl it) all propert)ox~ncrs within tket ot the site. The meeting ~as held on August 12.2(}04. and 5 neighbors ~cre in attendance. Neighborhood concerns centered on thc impact of h~x~-incomc bottsing on lhe neighborhood, the phased improxemenls to Arsenal ~a3, and traffic impacts. 18. The proposal xxas submilted to Citx of Bremerton departments lbr ret ie~x and ccmament. Both the }:irc Department and the Dcparm~cnt oK Public Works alqd Utilities recommended approx al. sub. iecl to conditions to ensure compliance with local, state and ~deral law s. Ex]t/hi/ /, ,41lttc]~t~/et~l .] 19. Susan Sxxeetx&ater submitled a letter dated ()ctober 18. 2004. She ti~ cs one block fi'om the subject pt'open3 and supports the proposal. She submitted thai the proposal was xxeIl-ptanned and would enhance the neighborhood, t&'hibi/4. Lcllcl'/J'olrf ,~'ll'('dlllzllel'. 20. A Notice of Public }leafing and St{PA Application were mailed to all propert> owners within .,00 tcet cq the s~te. The notice was posted on-site on October 4. 2004. and published in The Sun on October 4. 2004. /{.vhihil /. Ntr~{/~repolT prt,~c' E.x'hihi[ 1. 4lltlt' 7111t Ill ~ CONCLUSIONS .lurisdiction The Hearing Examiner is granted authorit3 to hnld an open record public hearing on PUD applications and to issue a recommendalion to the Cilx (kmncil purguanl l~ Bremerton Mumc~pal Code (} MC) Section .... A PUl) applicalion is rex icx~cd through a two-step process ol'preliminary appmxal and final approval. Ihe Cit3 Cnuncil makes thc preliminar5 approx al decision based on a recommcndalion fi'om the Hearing Examiner who conducts an open record hearing. ['he Ctmnnunit3 Dexelopment Director makes the final approval based on compliance with the preliminaD approval and dex clopmcnt regulations. Criteria lbr Re~ie~ Pursuant to BMC 21.02.480, a Pt ID llltlSI conlbrm to thc fi)llt~;ing general criteria: 1, The location, design, and uses of the I)[ q) shall be consislenl xxilh the Comprehensix e Plan. Brcmcrlon Sh(~relinc Management Program. and with other applicable plans and m'dinanccs adnptcd b3 thc Cilx. 2. The Pt D shall be integrated xxith its sctrrou~/dings mqd clcsigncd lo harmonize ~xilh existing or proposed dex elopment in lhc ncighborhot~d. In thc case of a departure in character fi~rm thc surrom~diag land uses. thc scale, intensity and design shall adequa[cly reduce the impacl of thc de~ elopmem in such a xxa5 that the project xsill not be detrimental to the ncighborbod. 3. The trattic generated by thc Piti) shall be accommodated saJbl} and ~ithin the adopted l~evels of Service fi~r affected streets. 4. All dcvclopmem xxill be adequatel) serxcd b3 existing or planned Ihcilities and services. 5. Fhe P[/D wilt resttlt in an atlractive, healthful, eH]cienl and stable environment lbr Iix lng, shopping, working, and leisure aclix ilics. 6. The dexelopment plan shall make adequate and appropriate provisions fbr the preservation oftbe environmenL both natural and man-made_ and the conscrx ation of energ). Furlhermore. BM( 21.02.490 requires a PI ID to conlbrm to specific developmenl standards: i. Perimeter and Interior Setbacks: a. Structures are required to oomph x,,ith a perimeter setback that on properties greater lhan one acre shall be per 21.02.4901 b)(2). Thc proposed residential structure heighls are not to exceed 25 b. The lbllox~ing summarizes the proposed perimeter setbacks: Front: 20-thor required setback Side: l()-lbot required setback Rear: 10-1hot required setback c. Non-perimeter setbacks ~itt~in the PUD are based on the underlying zone requirements, but ma) be modified through the PUD process to achieve pro ect design o~jectives. ~ Height: Figure 130 0rov~dc5 a maximum o }- oot height limitation within SF-3 zonin~ 3. Open Space: A minmaum 15% oftbe total area of the P{~l) shall bc dedicated as common open space. Pursuant to BMC 21.02.400(d }( 1 ). open space cannot include roads, cMx eways or alleys: parking, loading or storage areas: perimelcr setback areas, imerior setbacks required to separate buildings or al>pi) lo individnal lots: or small remnants of land that arc nol physicall}. visuall3 or t~mctionall3 related to the prqiect's overall sigbl plan. lbe open space requiremenl is comprised a. Actixe ()pen Space: :~ nlin}llltlnl 2'3 of il'lc open space is required to be actix e areas such as pla5 gFOkllldN, picnic areas, spol'ls ct,tn'Is, etc. b. Passive Open Space: Passixe open space is optional and ina> consist of up to 13 of the open space. 4. Screening: All utilit5 Ihcilities. loading areas, trash containers, and outdoor storage areas shah be screened from surrounding propcrlies. 5. Architectural Theme: Structural elements, including accessor> structures, arc required to bc integrated into a primar? archilcclural theme carried through the development. The tbllowing prm'isions of the Comprehensive Plan appl5 to the proposal: PI.ANNIN(} GOAt. S Goal # 1 Urban Growth: "Encourage dexelopment in urban areas where ztdecluate public thcilities and services exist or can be prm idecl in an efficient nmnner." Supporting Polic5 t3): Accommodate new development x:ith care so that Bremerton ':,ill continue to bca ~ell-balanced "most Iix able city." Goal # 2 Reduce Sprawl: *'Reduce the inappropriate coax ersion of undeveloped land into spra,,,,ling, lox~-densit.x development." Supporting Polic.~ (51: Promole the concept ofdcx clopment clustering to conscr'~ e energs, sa~e land. lo~er public costs, reduce sprax~l, and provide open space. Goal # 4 ttousina: "Encourage the axailabilit.\ of at'lbrdable housing to all economic segments of the population of this state, promote a variety of residential densities and hnusing ~,ypes, and encourage preservation of existing housing stock." Supporting Policy (3): Provide contiauing opportunities for a range of housing types and densities that will accommodate the lifestyles and economic levels of present and future residents. Goat # 0 Open_Space and Recreation: "Encourage tile retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and x~ ater. and develop parks.** I'tOUSING ELEMEN 1' Habit,.ti/.;- !h,ll~lt!i,,1 f'L D \(~ /;I'()4-()fLL~-i Goal D (2) Nc~ lluusmu I)e~ebpment: "Ih'oxide a '~ariel5 of houshlg types and densities lo race/changin~ needs ol' Brcmertnn rcsidems.- Supporting Polic~ (3): Stimulate lhe production oF ncxx housh~g lbr all income, a~e. fimfil~ Upc and ethnic ~roups. Conclusions Based on Findings 1. The Ioe~fion, design, ~ud uses of the PUD ~re consistent ~'i~h the Comprehensive Plan, Bremerton Shoreline Managemenl Program, and ~'ith nlher ~pplic~ble plans and ordinances adopted b~ thc CID'. Ihc P[/D is consistmqt with the Comprehensive PLan. The site already has utilities axailable to it and the clustering of 18 homes on 2.69 acres will reduce nrban sprnxvl. Moreover. thc dcxclopmem will provide both singlc-lhmily and lownhonse dx~ellings Jbr qualified Ioxx-income fhmilies. The homes will be sold at no profit and no interest. In addilion to proxiding aflbrdable housing, the proposal will provide lbra large, active open space to encourage recreation. I'be Bremerton Shoreline Managcmcm ['rogram does not apply lo tbe prqiect, b'im/in~,.~ o/ f2x'~ Nm 2 am/5 2. The PUD is iutegrated with its surroundings and designed tn harmonize with existing or propnsed development in the neighborhond. 'Iht site is surrounded mainly b)Iow lo medium-densitx residential areas l'he site x~ill Imrmonize with tine surrounding neighborhood through landscaping and screening nlcasures, and through a low building height that will prex ent the obstruction ofvie~xs. Fimhn.gx o/'Facl Nm' 4. 5. and 9. 3. Thee traffic generated by the PUD is accommodated safel) and **ithin the adopted Levels of Scm'ice for allotted streets. Thc trallic generated b~ the proposal will be approximatel3 23 ~ehicle trips during peak hours. Those vebicle trips will have little impact on surrounding streets and an3 impact xx ill be reduced by the system of dual access points to thc internal road. Thc installalion of sidewalks and the presence of Kitsap Transit x~ ill also belp to alleviale an3 Iraffic impacts. Fimfing.$ q~ ~wl ,~'ox ~ and ~ 4. All development is adequatel> sensed b3 existing nr planned facilities and sen'ices. Existing utilities will serxe the site and Kitsap Transit operates in the area. Findings O/ fiwl .Yos 8 and I0. 5. The PUD will result in an atlracti~e, healthful, efficient and stable environment for li~ing, shopping, working, and leisure aclivilies. 'Ibc PI q) x& ill create 1 8 homes on 2.6c) acres, with a large active open space. Sidexxalks will be included in the prqject lo encourage strolling, thc steep slope in the northeast turner xxill remain undisturbed, and a mixture of landscaping and screening ~&il[ ensure the atlracliveness of the site. Fimting~ O/F}lc'l Nos / 6 -. 9. crud/fi 6. The development plan makes adequate and appropriate provisions Dr the preservation of the environment, both natural and man-made, and the Hcd~itat h : HutnaniO. P( D '~: conserxation ofenerg3,. In additi~m to lea~ing thc steep slope hscalcd northeast turner undisturbed, thc trees in that area will be untouched. 7. The PUD eonfi}rms to the specific developmenl standards set l~rth in IIMC 21.02.490. Adequate screening, landscaping, setback, and architectural mcasarcs are taken by the Pi ID in order to ellsure cnmpliancc xxilla this Section, the open space is designated active open space and Ibc maximun~ building height will be 25 lkct. Thc PLID also complies with standards of the underlying SF-3 zone. RECOMMENDATION Upon consideration o~' tine Findings of Fact and Conclusions. tine l tearing Hxaminer recommends APPIIOVAL of the request lbr a P[ rD and Sabdix ision parcels into 18 individual lots plus open space tracls, and to construcl ]8 and townhouse dx~clling anits as well as q8 oftkstreet parking spaces, su[k~ecl to thc fbllowing conditions: 1, Tine PUD shall constitute a limitation on thc usc and design of thc site to those uses. designs and standards lhat arc specilicall> incladcd m thc P[rD. Such limitation shall remain in et'lkct until the P1 rD is conslrucled, or until the preliminar5 app'o~a expires, in which case the previous zoning automatically returns. _.* Remoxa[ ol'vegetation uithin tine area designated~ "passix e" ~ pet~ ~ps ace shall be prohibited. This prolnibition shall be t-ect~rded on the deed of'title and/or lhce or'the plat and PL!D as a condition running at the same time with the authorized land use. Proof hi'such restriction shall be demonstrated prior to the issuance rd'building permits. 3. An npen space guarantee, ~hich ensures the retention ol'Ihe open space and proxides lbr pemmnent maintenance of the open space (active and passive), is required per }~MC Section 21.02.510 prior to finalizing ll~e 4. One street tree per 25 lineal l~et of street frontage shall be prox ided within the fi'ont xard perimeter setbacks along Arsenal Was. Required landscaping shall be installed or bonded lbr prior to finalizing the PI~D. 5. A minimum ot'2 oftLstreet pm'king spaces per d~elling unit shall be prr~x ided. 6. Tempt)far) pedestrian access improxements uhmg Arsenal %ax slnall be installed or bonded ILar prior t~ final approval. The pedestrian access improxcment shall meet thc Cit5 Engineer's requiremenl. 7. The prixate street shall be dexcloped according 1o (_'it5 t{ngmecring Street Standards. Fine street shall bc installed or bonded I'~r prior to finali×ing the PLiD. 8. A linal storm drainage plan must be approved b} the (.'it3 lingineer. Storm drainage facilities shall be installed or bonded fi*r prior to finalizing thc PUD. 9. Water and se'~x er impmxemcnts shall be proxidcd per tine Conditional Water and Sex*er Axailability letter. All sex,~er and waler impro'~ements shall be installed or bonded for prior to finalizing the I'LID. 10. Fire h}drants willn flows meeting [Jniibrm l'irc ('odes shall he installed or bonded tbr prior lc) finalizing the P[ !D. If bonding is tlSCd, thc fire hydrants shall be installed prior to an) construction aboxc thc foundation. 1 I. Addresses tk~r/lac indi;iclual I,~ts shall bc ohtaincd Ii'om lhc Public ~k orks department and shall be indicated on tine final plat. 12. A final PUD and plat meeting applicable de'~elopmcnt standards and conditions shall be submitted to tine City for approval v, ithin 2 .,,ears or'the date of preliminary plat appro: al pursuant to BMC Section 21.02.520(a). 13. Two (2) copies ot the plat certilicate shall bt' submitted v~ ith tine application fbr final approval of tine plat and PUD. 14. Six (6) copies of the PUD and plat (not Mylar) shall be submitted to the Department ol'('ommunit) De',elopment lbr final compliance revicv,. 15. 'Fine Director of Communit.,. Development shall approx e thc ILeal PUD prior to finalizing the plat. 16. A copy of the recorded PUl) and plat slmll be provided to thc Department of Community Development belbre building permils can be issued. Recommended this /--.)_ da5 ol'Noxember 2004. "'~ ' ~i~Ilg I~:×alnincr of the ('itx ol'Bl'elnCl'lon l:>a,'4c I(I ~,I lO