City Of Woodland City Council Meeting Agenda Summary Sheet

Transcription

1 City Of Woodland City Council Meeting Agenda Summary Sheet Agenda Item: Approve Resolution 684 to extend the preliminary plat for Sequoia Park Subdivision through April 27, 2018 Agenda Item #: For Agenda of: June 5, 2017 Department: Community Development Date Submitted: May 31, 2017 Cost of Item: 0 BARS #: Amount Budgeted: Description: Unexpended Balance: Department Supervisor Approval: Committee Recommendation: Amanda Smeller, Community Development Director Planning Commission recommended the item be tabled to their next meeting in June Agenda Item Supporting Narrative (list attachments, supporting documents): Staff Report Sequoia Park Subdivision preliminary approved plans Hearing Examiner Final Order dated April 27, 2007 Resolution 684 Applicant submittal Summary Statement See attached staff report.

2 Community Development Department Building Planning Code Enforcement P.O. Box 9, 230 Davidson Avenue Woodland, WA Phone: (360) / Fax: (360) STAFF REPORT Date: May 30, 2017 To: Will Finn, Mayor, and City Council From: Amanda Smeller, Community Development Director Re: Sequoia Park Plat Extension Request Dave Michaelson has applied for a plat extension request for Sequoia Park Subdivision (LU # ). Per WMC (B), preliminary plat extension requests go before the Planning Commission for review and recommendation to the City Council who makes the final decision. While the WMC specifies a three year extension period for preliminary plat approval, RCW specifies a period of ten years for preliminary plat approval of plats granted before December 31, Sequoia Park Subdivision, located at the end of Loganberry and Sequoia, adjacent to the Woodland Meadows Apartments, is a 36 lot townhome development on a property zoned Medium Density Residential. The proposal was for eight townhome buildings with four townhouses each and two town home buildings with two townhouses each. A variance request to reduce the setback between townhome buildings from 20 to 7.5 was granted as was a variance to reduce the right-of-way width from 56 to 50 and reduce the pavement width from 40 to 32. Sequoia Park Subdivision has preliminary plat approval through April 27, WMC allows for a one year extension provided the request is submitted at least thirty days prior to the expiration date. The applicant submitted the request on March 13, 2017, well over a month before the expiration date, so this requirement is met. If approved, the Sequoia Park Subdivision will have a new expiration date of April 27, 2018 with no opportunity for further extension. WMC (B) requires the extension request address the following: 1. Reason for request: No work has been done on this project to date. The original approval was April 2007 just before the economy took a downturn. Mr. Michaelson is ready to move forward with the project at this time. His narrative indicates I was holding until the economy turned around. At this time I feel very confident having the project completed within the extended year. 2. Progress for installing improvements: No work has been done on this project since approved in Mr. Michaelson intends to start in September 2017 and have

3 infrastructure completed by March The code only stipulates that a request for extension be submitted at least 30 days prior to preliminary plat expiration. The code is silent on allowing construction work to continue or begin on a plat while under review for extension request. 3. Schedule for completing the final plat: Mr. Michaelson indicates he should be done with infrastructure installation by March Once the required items are installed and approved, Public Works will sign the final plat, and forward this on to Planning Commission for review and signature, and then to City Council. The plat should be recorded by April The preliminary plat map, vicinity map, and the Hearing Examiner Final Order are attached.

4 The Planning Commission held the required public hearing for this item on May 18, There was testimony from one person who encouraged the project to move forward. The commission had a discussion after the close of the hearing. Ultimately, the Planning Commission made the motion to table the item until their June meeting as they had questions and concerns regarding the stormwater system, the public roads, and asked for Fire Marshal input. Upon discussion with Mayor Finn, and with consultation with the City Attorney, it was decided that the item would be brought forward to the City Council without returning to the Planning Commission for further discussion. If the extension is approved, the applicant only has until the end of April 2018 to complete the improvements, or bond, and record the final plat. Mayor Finn felt that tabling the decision was delaying the applicant s work on the project. Rob VanderZanden, Engineering Consultant, Mike Jackson, Fire Chief, and myself all reviewed the original conditions of approval and felt that what was included in the Hearing Examiner decision was adequate for today s standards. There were some minor conditions the Fire Chief wished to include in the conditions: The townhouse buildings must be equipped with Fire Sprinkler systems in accordance the NFPA 13D standard Parking shall be prohibited on one side of the street, and signed as such in accordance with local ordinance. Any building openings in the separation areas must be protected in accordance with the applicable sections of the Fire and Building Codes. In addition, I followed up on the concerns the Planning Commission had: Stormwater Facility and Ownership: Rob has looked at the stormwater report/requirements multiple times on this project. It is utilizing the 1992 Stormwater Management Manual for the Puget Sound, which is what we still use. While the City has updated stormwater code since that time, Rob felt the conditions of approval and the system proposed is adequate for today s standard. In addition, we confirmed that the stormwater facility will be in private ownership by the required HOA and will not be taken on by the City. There was conflicting language in some of the documents, but the approved maps clearly show that the stormwater facility will be private. He also did not have concern that this was the same system used in Raspberry and there was no indication there was an issue there. Public Roads versus Private Roads: If we now require Mr. Michaelson to construct to private road standards, there is additional construction work he will have to do to complete this. Your argument was a road to nowhere that the City maintains, but we have many of these so-called roads, ending in hammerheads and cul-de-sacs. The proposed, and approved, roadway is not uncommon. This is very standard. There is no justification to require the roads be made private when they were approved as public. In addition, even if the roadways were made private, there would be a public easement over said roadway for access by non-residents (emergency vehicles, mailpersons, deliveries, etc.). Basically, the attorney and Rob have confirmed there is no basis for requiring the change from public to private roadway. Open Space: When the plat was approved, the City didn t have park impact fees so applicants either dedicated land to the City or did fee in-lieu. This was open space

5 dedicated to the City. Basically, we can amend that minor decision and we can have the applicant keep the open space for the HOA/neighborhood itself. We have elected to not have the land transferred to the City as they City does not have the resources to maintain this park. The added conditions of approval, as discussed above, will be added to the plat by means of the resolution.

6 RESOLUTION NO. 684 A RESOLUTION TO EXTEND THE PRELIMINARY PLAT APPROVAL FOR THE SEQUOIA PARK SUBDIVISION FOR ONE YEAR THROUGH APRIL 27, Recitals WHEREAS, the preliminary plat approval for the Sequoia Park subdivision was given on April 27, 2007; and and WHEREAS, the preliminary plat approval for the Sequoia Park expired on April 27, 2017; WHEREAS, the Woodland Municipal Code allows for a one year extension for preliminary plat approval provided an application for such extension is received at least 30 days prior to expiration; WHEREAS, the application for extension request was submitted on March 13, 2017; WHEREAS, the Planning Commission held an open record public hearing on May 18, 2017 regarding the extension request; and WHEREAS, testimony was given during this open record public hearing from the Mayor of Woodland; and WHEREAS, the Planning Commission accepted this testimony and proceeded with a recommendation to table the item to their June 15, 2017 meeting pending further information; and WHEREAS, it was determined by Mayor Finn with consultation from the City Attorney that the item be put forward to the City Council for decision without going back to the Planning Commission to avoid delay; and WHEREAS, the City Council considered this request at an open public meeting on June 5, 2017 and decided to approve the preliminary plat extension request to allow an additional year for the Sequoia Park final plat to be recorded by April 27, 2018; and WHEREAS, the original preliminary plat conditions as listed in the attached Hearing Examiner Final Order (Exhibit A) still apply to this project and are hereby added to as per recommendation from City staff:

7 1. The proposed open space will be held in private ownership by the neighborhood Homeowner s Association and will not be dedicated to the City as previously required. 2. The townhouse buildings must be equipped with Fire Sprinkler systems in accordance the NFPA 13D standard 3. Parking shall be prohibited on one side of the street, and signed and striped as such in accordance with local ordinance. 4. Any building openings in the separation areas must be protected in accordance with the applicable sections of the Fire and Building Codes. NOW, THEREFORE, BE IT RESOLVED that the preliminary plat approval for the Sequoia Park Subdivision has been extended one year with a new expiration date of April 27, 2017 and is subject to the terms and conditions as set forth above, and incorporated herein as if fully set forth. PASSED this 5 th day of June, CITY OF WOODLAND William A. Finn, Mayor ATTEST: Mari E. Ripp, Clerk-Treasurer APPROVED AS TO FORM: William J. Eling, City Attorney

8 Irv Berteig, Hearing Examiner BEFORE THE HEARING EXAMINER FOR THE CITY OF WOODLAND 230 Davidson Avenue, Woodland, Washington RE: David Michaelsen applications for a 36-lot subdivision and right-of-way and setback variances, Adam Beck, ELD Engineering, presenting: Sequoia Park Subdivision ) ) ) ) ) ) ) ) ) ) Case No. LU # FINDINGS, CONCLUSIONS, AND DECISION BACKGROUND: David Michaelsen has submitted an application to subdivide approximately 2.81 acres into 36 lots within the MDR zoning district for residential development. The application also includes a variance to deviate from the road standard requirements when connecting to an existing street (Loganberry Street) and a variance to reduce the setback between townhouses from the required 20 feet per WMC to 7 ½ feet. PROCEDURAL INFORMATION: Site Visit: April 19, Open Record Hearing Date: April 19, 2007 TESTIMONY: The hearing was opened on April 19, 2007 at 4:20 p.m. in the Woodland City Hall Council Chambers, 230 Davidson Avenue. After the procedures for the public hearing were explained, testimony was accepted. All testimony was taken under oath. A verbatim recording of the public hearing was made, and the recording is maintained by the City. PARTICIPANTS: Nancy Malone, Assistant Planner Adam Beck, ELD Planners/Engineers, representing the Applicant, NE 76 th St, A3-60, Vancouver, WA David Michaelsen Subd & Variances Page 1 Findings, Conclusions LU Sequoia Park Subdivision and Decision

9 There being no other parties present to testify, the Hearing Examiner closed the public hearing at 4:55 p.m. TABLE OF EXHIBITS: EXHIBIT DOCUMENT DATE 1 Staff Report together with 11 exhibits 4/13/2007 A Application 7/18/2006 B SEPA Environmental Checklist 7/12/2006 C Narrative No date D Administrative Variance Requests A and B 1/19/2007 E Preliminary Stormwater Report 7/12/2006 F Geotechnical Engineering & Infiltration Report 6/26/2006 G Preliminary Plat Map 1/18/2007 H Traffic Impact Analysis 5/22/2006 I Notice of Application & MDNS 2/8/2007 J Notice of Public Hearing 4/4/2007 FINDINGS OF FACT 1. The application is to subdivide approximately 2.81 acres into 36 lots within the MDR zoning district for residential development. The application also includes two variance requests: a. A variance to deviate from the road standard requirements when connecting to an existing street (Loganberry Street); and b. A variance to reduce the setback between townhouses from the required 20-feet to 7 ½ -feet. NOTE: The Applicant states in their Exhibit D for Variance Part A that the request is 7 ½ -feet, while Exhibit G, Preliminary Plat drawing, indicates a 7-foot separation. 2. The road standard variance would allow a right-of-way reduction from 56-feet to 50-feet, and a pavement width reduction from 40-feet to 32-feet. 3. The existing streets are Loganberry Street and Sequoia Street forming a right-angle intersection. The proposed street would be an extension of Loganberry Street to be named Loganberry Court since the extension would end in a Tee or hammer-head. The transition would occur at the intersection along the applicant s north property line. 4. The Applicant is proposing a 20-foot wide pedestrian connection between the hammer-head and Lewis River Road. The connection would include a hardened surface that would allow emergency vehicle access (primarily to permit fire apparatus to exit the hammerhead). David Michaelsen Subd & Variances Page 2 Findings, Conclusions LU Sequoia Park Subdivision and Decision

10 The Applicant argues that a forecast of less than 200 ADT s supports the road standard variance. 6. The variance would reduce the setback between town home buildings from 20-feet to 7 ½ -feet. Eight town home buildings with four townhouses each and two town home buildings with two townhouses each are proposed. The Applicant argues that the groups of four townhouses rather than an allowed maximum of 250-foot town home buildings would result in a more attractive development. 7. A SEPA Environmental Checklist was prepared by the Applicant and submitted July 12, The Responsible Official issued a Mitigated Determination of Non- Significance [MDNS] on March 6, 2007, containing 14 mitigations The Woodland Comprehensive Plan designates the property as High Density Residential. 10. The subject property is zoned Medium Density Multifamily Residential District [MDR], which allows up to 25 dwelling units per net acre. 11. The Staff Report contains additional findings and was reviewed in public hearing. The Examiner now adopts that Staff Report as part of his Findings of Fact. 12. There were no parties present speaking in opposition. 13. The Applicant s representative, Adam Beck, responded to questions by the Examiner. REVIEW CRITERIA The City of Woodland Comprehensive Plan and the Woodland Municipal Code contain criteria and regulations for the consideration of the applications. The following adoptions contain regulations and criteria for the consideration of Subdivisions and Variance applications: City of Woodland Comprehensive Plan; See Exhibit B 2 See Exhibit I David Michaelsen Subd & Variances Page 3 Findings, Conclusions LU Sequoia Park Subdivision and Decision

11 Title 16 WMC, Subdivisions; WMC Special provision for variances; (Criteria excerpted below) WMC Variance standards. In order for a variance to be recommended by the commission and approved by the council, it must be determined that: A. There are special topographic or other physical conditions affecting the property that are not common to all property in the area; B. Hardship, as distinguished from mere inconvenience, would result from strict compliance with the standards of this article; C. A variance complies with the spirit and intent of this article and will not be detrimental to the public health, safety or welfare, or injurious to other property in the vicinity; D. A variance will not have the effect of nullifying the spirit and intent of the comprehensive plan and the zoning ordinance; E. In the case of a variance to sidewalk standards, adequate provision nevertheless will be made for pedestrian and bicyclist movement and safety. WMC B. Variances. (Criteria excerpted below) WMC The examiner shall interpret, review, and implement land use regulations and policies as provided in this chapter or by other ordinances of the city, including but not limited to the following:... B. Variances. The examiner shall decide upon application for variances from the terms of this title; provided that any variance granted shall be subject to such conditions as will assume that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and: 1. That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to other properties in the vicinity and in the same zone in which the subject property is located; and 2. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; 3. If such permit for variance is denied, no reapplication shall be made within one year from the date of denial; 4. An approved variance will go with or be assigned to the subject property and shall not be transferable to another property; 5. No use variance shall be granted except for lawfully created preexisting uses David Michaelsen Subd & Variances Page 4 Findings, Conclusions LU Sequoia Park Subdivision and Decision

12 CONCLUSIONS OF LAW In the course of making a decision, the Hearing Examiner is required by statute to make Findings of Fact and Conclusions of Law such that the combination will justify the decision. The following Conclusions of Law may contain general discussion, analysis, and additional Findings of Fact. In order to address the complexity of the combined consideration, this section will also be organized by general issues: Authority: 1. The Hearing Examiner is duly appointed by the Woodland City Council to hear applications for Variances. In accordance with Resolution No. 536, the Hearing Examiner is also assigned to hear an application for a subdivision when required by state law to be consolidated in one open record hearing. Matters before the Examiner: 2. The matters before the Examiner include the proposed preliminary plat of Sequoia Park Subdivision for 36 lots. Also included are two variances required for the preliminary plat as requested. All are outlined in Findings 1 through 6 above. The proposed subdivision is illustrated on the right. 3 Sequoia Park Subdivision Issues: 3. The 36-lot subdivision proposal is an in-fill development in that access is limited to Loganberry Street at its corner with Sequoia Street. 4. The Traffic Impact Analysis 4 projected 213 new ADT based on 38 lots after deducting 10 trips for the removal of the one single family residence. The Traffic Impact Analysis 3 The illustration is excerpted from Exhibit G. 4 See Exhibit H, CTS Engineers, Traffic Impact Analysis for the proposed Loganberry Subdivision (now named Sequoia Park Subdivision). David Michaelsen Subd & Variances Page 5 Findings, Conclusions LU Sequoia Park Subdivision and Decision

13 appropriately applies standard trip generation rates ITE Code 230 for townhouses and ITE Code 210 for single family. 5 At that rate, 36 lots would generate 201 ADT and 35 lots would generate 196. Note that ADT is discussed here because WMC uses ADT to determine minimum widths for street right-of-way improvements. 5. The Applicant proposes to treat storm drainage through the use of a CDS Inline PMSU20_20 Stormwater Treatment Unit for water quality, and on-site infiltration for quantity control. ELD Engineering claims the facility will adequately infiltrate the 100-year, 24-hour design storm The Applicant s proposal for a pedestrian connection to Lewis River Road serves two purposes: pedestrian access and emergency access. The emergency vehicle access is important when a cul-de-sac could result in multiple emergency vehicles needing to exit often a problem with fire apparatus. 7. The proposed subdivision should not adversely affect or overload adjacent or nearby public properties, facilities, or services in a manner that cannot be otherwise conditioned. Provided that the requested variances are approved, the proposed subdivision can meet the dimensional requirements of the MDR zone. 8. The above conclusions relating to the proposed Sequoia Park Subdivision support approval. Road Standards Variance Issues: 9. The setting for the road standards variance consideration is important in this evaluation. First, this is an in-fill development as noted in Conclusion 3 above; therefore, there are limitations in design options. Second, the transition takes place at the intersection of Loganberry and Sequoia Streets such that the extension of Loganberry Street to Loganberry Court begins at the right-angled corner rather than in the middle of a block. Third, since the width 5 Exhibit H at page 6 6 See Exhibit E at page 3 and Exhibit F Geotechnical Engineering Evaluation and Infiltration Testing Report David Michaelsen Subd & Variances Page 6 Findings, Conclusions LU Sequoia Park Subdivision and Decision

14 reduction begins at the start of a cul-de-sac street segment, the narrowing may appear logical as a minor street. 10. The five variance standards of WMC are each met. Variance, Building Separation Issues: 11. Rather than proposing the maximum allowed town home building lengths of 250-feet, the Applicant proposes smaller town home buildings containing four units generally 95-feet in length. The result should be a less massive appearing development. 12. The variance criteria of WMC B are met considering the Stormwater Report and especially the Geotechnical Engineering Evaluation and Infiltration Testing Report because the locations for drainage facilities limited due to soil conditions. The two reports identify the best location for the storm drainage infiltration facility, which impose constraints not applicable on other properties. Also, the infiltration facility can allow the open area above the underground stormwater facility to be used as a community park. 13. The five variance standards of WMC are duplicative in part, and are each met as well. MDNS Conditions and Department Recommended Conditions: 14. There was no appeal to the SEPA Mitigated Determination of Non- Significance. There were no objections raised to the application at the open record hearing. Finally, the Applicant did not object to the Staff Report or any of its recommended conditions. SUMMARY CONCLUSIONS: 15. The Staff Report also contains analysis and conclusions related to other issues not addressed above. The Examiner now adopts those conclusions as his own. DECISION Based on the Staff Report, a site visit, the application documents, and testimony at the open record hearing, the Hearing Examiner hereby APPROVES the applications by David Michaelsen for preliminary plat approval of the Sequoia Park Subdivision, the Road Standards Variance, and the Town Home Building Separation variance, all subject to the following conditions: David Michaelsen Subd & Variances Page 7 Findings, Conclusions LU Sequoia Park Subdivision and Decision

15 Detailed construction drawings for the proposed road, drainage and utility facilities shall be submitted to the city s public works department for review prior to the pre-construction meeting. 2. The applicant shall construct or bond all interior streets including base, paving, curb and gutter, sidewalks and street lights to city standards prior to final plat approval. 3. Provisions shall be made to minimize the tracking of sediment by construction vehicles onto paved public roads. 4. Erosion control measures shall be in place prior to any clearing, grading, or construction. Such measures may include hay bales, silt fences or other appropriate measures. 5. The applicant shall construct or bond for drainage, water and sewer systems, telephone, electrical and telecommunication systems prior to final plat approval. 6. Fire hydrants must be installed to city standards. The City of Woodland s Fire Chief, prior to final plat approval, shall approve the number, type and location of the hydrants. 7. Compliance with all applicable city codes and ordinances and all necessary federal, state and local permits shall be met prior to construction. 8. The applicant shall comply with Department of Ecology requirements to secure permits associated with stormwater discharge during construction. 9. The applicant shall comply with all conditions as identified in the MDNS dated February 8, All development will meet with Woodland Municipal Code and FEMA requirements for work in floodplains. 11. Stormwater detention and treatment facilities shall comply with Western Washington Stormwater Manual. Design of improvements shall mitigate for impacts to downstream conveyance system, as determined by the Public Works Director. 12. Applicant shall analyze capacity of downstream sewer pumping stations for adequacy to carry the additional flow and shall construct upgrades as necessary. 13. Hours of construction shall be limited to 7:00 a.m. to 8 p.m. on weekdays, 8:00 a.m. to 6 p.m. on Saturdays and prohibited on Sundays. 14. To mitigate traffic impacts on State Route 503 (Lewis River Road) applicant shall contribute $50,976 to the City SR 503 Improvement Project Fund. In the event that traffic impact fees have been adopted by the city prior to recording of the plat, thereby providing for collecting of such fees, on the lots created thereby, this requirement for the contribution shall be waived. David Michaelsen Subd & Variances Page 8 Findings, Conclusions LU Sequoia Park Subdivision and Decision

16 Establish a home owner association for the maintenance and management of the commonly owned properties and facilities. Home owner association documents shall be subject to review and approval by the Public Works Director. 16. Install permanent, full lane width, reflective traffic barriers at dead end streets. 17. Benchmarks shall be established and referenced on the face of the plat, prior to final plat approval. 18. The preliminary plat approval shall expire three years from the date of said approval. 19. The applicant shall procure dedication for public right of way from the City of Woodland. 20. The applicant shall reference the variance number ( ) and date of approval on the face of the plat prior to final recording. 21. A note shall be placed on the face of the plat stating SR 503 predates this development; WSDOT will not be responsible for any traffic noise. 22. Construct street widening including road base, paving, curb/gutter, and sidewalk consistent with the City s 1995 Comprehensive Plan. Construct stormwater facilities as approved by the director of public works. Also, construct street lighting including conduit, panel and wiring. 23. No driveways shall be permitted onto the State Route The applicant shall dedicate land for a park to the City of Woodland. 25. The applicant shall dedicate 10 foot of right of way along this section of SR503 (for a total of 40 half width) to Washington State Department of Transportation (WSDOT) prior to final plat approval. The applicant will be required to have a legal description prepared for the right of way donation and provide a current title report to insure that the property is free of all easements and encumbrances prior to WSDOT preparing a warranty deed for the owner s signature. ORDERED this 27 th day of April Irv Berteig Hearing Examiner for the City of Woodland ib David Michaelsen Subd & Variances Page 9 Findings, Conclusions LU Sequoia Park Subdivision and Decision

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