COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT

Transcription

1 EXHIBIT 1 COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT HEARING BODY: Hearing Examiner HEARING DATE: April 10, 2014 PROJECT NAME: TYPE OF APPLICATION: DESCRIPTION: PROJECT FILE NUMBER(S): LOCATION: APPLICANT APPLICANT S AGENT: The Meadows Preliminary Plat, Planned Unit Development Applicant requests approval of a 157 lot Planned Unit Development preliminary plat consisting of three phases, with the initial phase beginning in Summer The Meadows replaces and amends the partially constructed Blomquist Heights subdivision. Four variance requests are included in the proposal for allowance of a boundary road, a reduction in minimum lot width for one lot, front setback reduction requirements for several lots, and a reduction in minimum density requirements PP, SE, PV The proposed project is located on the south side of Thornton Street, immediately west of Horizon Middle School, within the 2700 block of Thornton Street. The Meadows, LLC Eric Weden, Weden Engineering Page 1 of 46

2 STAFF REPORT EXHIBITS EXHIBIT # TITLE 2 Aerial Photo (site) 3 Official Zoning Map 4 Comprehensive Plan Map 5 Proposed Preliminary Plat Map 6 PUD Project Narrative 7 W.C. Hearings Examiner Decision - Blomquist Plat Variance 9 Misc. Application Materials 10 MDNS with Comment Letters 11 Blomquist Wetland Delineation 12 Meadows Wetland Delineation 13 Certificate of Concurrency 14 Draft Park Trail Plan 15 Neighborhood Meeting Summary 16 Adjacent Neighbor Agreement 17 Potential Building Designs 18 Draft Covenants, Codes and Restrictions (CC&R s) 19 Variance Requests 20 Affidavits Page 2 of 46

3 OVERVIEW The applicant proposes a Preliminary Plat, Planned Unit Development (PUD), to subdivide approximately 69 acres of land zoned RS 10.5 (Residential Single Family, 10,500 square foot minimum lot size) 1 into up to 157 residential lots. The majority of lots (125) are planned for single family detached structures, plus 32 single family attached townhouses. Please see Exhibits 2-5 for maps of the area. As proposed, the project would be split into three phases to be built in order from the north to the south. Please see Page 10 of Exhibit 6 (PUD Project Narrative) for a description of the proposed phasing. The first and second phases are split by a series of wetland, stormwater facilities and public trails that cross the site from the east to the west. The wetlands exist naturally, while the stormwater facilities were constructed as part of an earlier subdivision proposal and the trail facilities have yet to be built. The project will take primary access from Thornton Street and an as-yet unnamed public road ( Road A on Preliminary Plat Map Exhibit 5) will stretch the length of the property and will serve as the primary road through the development. A future connection to the east will be established when adjacent parcels in different ownership are developed, and connections to the south will also be created. The proposal is subject to several variance requests: 1. Front building façade Reduction from 20 to 15 for Lot 47 with a 20 setback to garage for parking pad (variance from Ferndale Municipal Code (I) requiring a minimum front setback of 20 from public rights of way. 2. Minimum buildable area reduction from 40 in depth to 38 in depth on Lot 47 (variance from Ferndale Municipal Code (J), requiring all lots to have a minimum building area of 40 feet in width and 40 feet in depth 1 The Planned Unit Development process as administered by Ferndale Municipal Code allows lots that are below the conventional minimum lot size in the underlying zone, provided that the maximum density of the comprehensive plan designation is not exceeded, as well as other conditions which are discussed later in this staff report. Page 3 of 46

4 3. Minimum Density Reduction from 3 units per gross acre to 2.28 units per gross acre (variance from Ferndale Municipal Code (D) 4. Northeast boundary street approval (variance from Ferndale Municipal Code (B) 7, prohibiting boundary streets). BACKGROUND As noted above, the subject property has previously been subject to an earlier preliminary plat. The 99-lot Blomquist subdivision was proposed to Whatcom County prior to annexation into the City of Ferndale, and received preliminary approval from the Whatcom County Council, subject to compliance with standards from both Whatcom County and the City of Ferndale including City development standards and Whatcom County Critical Areas Ordinance standards. In his decision dated April 6, 2006 (Exhibit 7) the Whatcom County Hearing Examiner acknowledged some of the difficulties that may have been experienced by the original proponent in satisfying the sometimes-conflicting requirements of unincorporated Whatcom County and the City of Ferndale at the same time. The Blomquist development was given preliminary plat approval by the City of Ferndale on September 5, 2006, and the plat is technically vested until September 5, 2016 as per RCW (b). Subsequent to this approval, the City of Ferndale issued permits to begin construction of required infrastructure including roads, lot grading, storm sewer, and sanitary sewer. In 2008, the project proponent requested and received (Exhibit 8) a plat variance for a boundary road at the northeast portion of the property. This boundary road is requested as part of the Meadows Planned Unit Development, and a new variance application has been submitted. The boundary roadway currently exists and serves the single family residence that was built several decades ago. By 2009 the original developer (Leavitt Companies) was significantly encumbered by the global financial crisis, and the property was ultimately and from the City s perspective, suddenly lost. While inspections had occurred during infrastructure construction, no as-built drawings were available and progress stopped prior to the completion of various elements. Page 4 of 46

5 In 2013 a new applicant acquired the property. The current applicant seeks to take advantage of opportunities that may not have been available (or used) by the original applicant. Specifically, the current proposal is subject to City of Ferndale (not Whatcom County) wetland policies, and the applicant has chosen to create additional density by utilizing the Planned Unit Development process. In general, the City has sought to work with the applicant to make use of legacy environmental work and civil plans, but in many cases new reviews/ documentation have been required. SETTING Site Description The subject property is zoned RS 10.5 and lies directly south of Thornton Street, west of Horizon Middle School. The property represents the northern, western, and southern boundaries of the existing City limits, and the western and southern boundary of the Ferndale Urban Growth Area (UGA). The property itself has rolling and hilly topography sloping down from Thornton Street into a localized depression and drainage channel in the center of the property. The land then slopes up to the southeast and peaks just south of the subject property before sloping down to the south and Mountain View Road. The majority of trees were cleared from the site as part of initial construction activities; remaining trees are limited to the southern and eastern borders, in addition to existing wetlands in the southeastern portion of the property. Six stormwater facilities have been constructed, and these are expected to remain, subject to additional maintenance or improvements that may be identified as part of the review of full civil drawings. A condition to this effect has been added. Surrounding Properties North: Immediately northwest of the site (south of Thornton) are two-five acre properties in separate ownership outside of the City limits and within the Page 5 of 46

6 Ferndale Urban Growth Area Reserve. 2 One property is undeveloped, the other is developed with a single family residence. Wetlands associated with the subject property appear to extend over both of these properties. Across Thornton Street are several properties within the unincorporated Urban Growth Area, collectively known as the Thornton North Subarea, and eligible for annexation within the next seven years as per the City s Annexation Phasing Plan. Together, these properties cover approximately 100 acres. Properties abutting Thornton have generally been developed at one unit per five acres, while the larger properties to the north remain largely undeveloped. West: West of the subject site are a number of residential properties of five acres or larger. These properties were part of the unincorporated Urban Growth Area at the time the Blomquist subdivision was proposed, and the subdivision was required to establish connectivity to these parcels (and Olsen Road to the west) as a condition of approval. The City has consulted with its transportation consultant The Transpo Group and has verified that this connectivity is no longer necessary. The proposed plat no longer shows this connection. South: South of the subject site are residential properties of five acres or larger, located within the Urban Growth Area Reserve. The City will require that connectivity to the south is preserved as per the Blomquist subdivision in order to provide an alternative north-south connection between Thornton Street and Mountain View Road/ Main Street. A condition has been added to this effect. East: Northeast of the property is Horizon Middle School, co-located with Eagleridge Elementary School, both within the Ferndale City Limits. Trails are intended to connect the proposed subdivision to the southern part of this campus, sufficiently away from the school buildings themselves to avoid unintended conflicts. Directly east of the property is undeveloped property within the City limits. When this property is developed a public roadway will connect the Meadows to points east, and ultimately to Church Road. Southeast of the property is Nubgaard Road, a private street within the unincorporated Urban Growth Area. No direct access to Nubgaard Road is proposed, and such a connection is not warranted at this time. Following 2 The Urban Growth Area Reserve is that area that may become part of the Urban Growth Area itself, either following the current twenty-year planning period, or as the result of growth or development patterns that exceed or are substantially different from current projections. Page 6 of 46

7 annexation and subsequent development of the Nubgaard Road properties, a future connection may be established from the subject property, as well as connections between Nubgaard Road and the existing Lakeridge Estates to the east, thus creating a second east-west connector to Church Road. Tract P in the proposed Meadows subdivision would likely provide this connectivity point, but no further requirements for connectivity are proposed at this time. The applicant suggests that a future east-west connector road would likely be constrained by steep terrain and high-functioning wetlands on Tract P, and that a future connector would more reasonably utilize properties to the south. While this may ultimately be the case, and no conditions have been added reserving the tract for connectivity (or restricting the tract from being used for connectivity), staff wishes to include the discussion in this document so as to aid future decision makers. ANALYSIS Process and Procedure Blomquist Preliminary Plat As noted, the Blomquist subdivision is vested and the legacy infrastructure from that plat, as well as the authorized encroachments into previously-existing wetlands must be factored into the current proposal. This has created both opportunities and challenges. Opportunities result from previous investment in infrastructure, but challenges exist when there is a risk that wetlands impacted during initial construction will not be mitigated, and where installed infrastructure is inadequate to serve current proposed uses. Not all of these issues can be addressed through preliminary plat approval, but rather will be resolved when fully engineered civil plans are submitted. As with other preliminary subdivisions, the City does not require or anticipate that fully-engineered, construction-ready civil plans will be developed prior to receiving certainty from the City through the preliminary plat process. As such, the applicant has acknowledged that there is some risk that the full review of civil drawings will require changes that must be made to the preliminary plat, potentially requiring re-review by the Hearings Examiner. In order to reduce this risk, the Ferndale Public Works Department has reviewed the original stormwater and utilities plan as well as reports on the existing Page 7 of 46

8 infrastructure. No fundamental flaws have been identified that would prevent the City from approving the civil plans but the approval of a preliminary plat does not constitute approval of any construction documents, and a revised stormwater report must be submitted as part of the submittal of civil plans. A condition has been added to this effect. SEPA Environmental Policy (Ferndale Municipal Code 16.04) A SEPA Mitigated Determination of Non-Significance (MDNS) was issued March 27, 2014 (Exhibit 10) following a fourteen day comment period. Two comments were received from the Washington State Department of Ecology, indicating that the applicant s early outreach to Ecology and Corps would likely result in an agreement on site layout and mitigation and that the early coordination eliminated the need for any specific SEPA comments. A secondary comment from the stormwater division of Department of Ecology reminded the City that an NPDES permit may be required, as was already indicated on the draft MDNS. The SEPA MDNS incorporated relevant portions of Whatcom County s MDNS for the Blomquist subdivision, as well as additional conditions necessary to mitigate for the current proposal. The applicant has reviewed the MDNS and has not requested any changes. Staff requests that the SEPA conditions be made conditions of the preliminary plat approval. A condition has been added to this effect. Critical Areas Process (Ferndale Municipal Code 16.08) The Blomquist subdivision included wetland delineations that are more than five years old. While these plans may be used as a reference, new delineations have been provided (Exhibit 11 previous deleniation, Exhibit 12 new deleniation). A comparison of the two plans does not suggest that significant changes have occurred to the overall wetland makeup or their locations. However, prior to the end of construction activities related to the Blomquist subdivision, several wetlands were filled and other wetlands created, pursuant to original permitting documents and requirements of the various local, state and federal agencies. While this combination of loss of creation balanced out - no net loss (no temporal loss) of wetland function occurred - the abrupt end to construction activities meant that the new and existing wetlands were not protected or maintained. Page 8 of 46

9 Rather than attempt to separate the previously-permitted wetland activities (for Blomquist) from the proposed wetland activities (for The Meadows), the wetlands consult has verified that no net loss of function has previously occurred there are no existing critical area violations. The consultant is currently working with the City, DOE and the ACOE to design a comprehensive mitigation/planting plan based on existing conditions, thereby satisfying the combined requirements of Blomquist and the Meadows. From a process perspective, staff fully agrees with this approach to integrate critical area issues into one review with the caveat that no net loss of wetland function (no temporal loss) may be permitted that would allow the several years of inactivity to result in a reduction in wetland protections or mitigations beyond what would have been allowed in the original approval. 3 A condition to this effect has been added. Wetlands Approach As has been noted, the Blomquist subdivision relied upon the Whatcom County Critical Areas Ordinance and the interpretations of that ordinance by Whatcom County staff. This approach encouraged the avoidance of both low- and highquality wetlands, and resulted in lesser densities and greater separation between lots than the current proposal. The current proposal seeks to adhere to the Ferndale Critical Areas Ordinance, which seeks to minimize development impacts and protect the beneficial uses, natural functions and values of critical areas (FMC (B): Purpose and Intent). The City s focus on overall critical area functions allows wetlands to be impacted and filled as long as the overall function of the wetland complex is retained or enhanced through a combination of buffers, wetland creation, mitigation, and of course avoidance. The plan to consolidate these wetlands into a larger, protected area achieves the purposes of the City of Ferndale and responds to the 3 City staff has investigated the site to determine if any violations of the Ferndale Critical Areas Ordinance have occurred. While the site remains incomplete and maintenance has not occurred, the Critical Areas Ordinance does not specifically refer to a failure to complete required work as a penalty. While previous construction activities were halted and associated permits have expired, the underlying approvals for the preliminary plat remain in place, as do the requirements of the Ferndale Critical Areas Ordinance. As such, it is difficult for the City to determine that the project has legally been abandoned, or that penalties should be put in place. The applicant s proposal to fully mitigate impacts addresses the requirements of the Ferndale Municipal Code and makes the City (and those applicable elements of the environment) whole. Page 9 of 46

10 requirements of the Army Corps of Engineers (ACOE) and Washington State Department of Ecology (DOE). Both of these agencies have been involved in this proposal for several months, and have indicated that there do not appear to be any critical flaws in the overall design. A final mitigation plan has not yet been approved by these agencies, which is a prerequisite to the initiation of land disturbance activities. It is not a prerequisite to receiving preliminary plat approval, however. The final mitigation plan will be approved before the issuance of land disturbance permits, and if there are any changes that would require re-review by the Hearing Examiner (additional requests for variance, reconfiguration of public streets, the addition of new lots), a new hearing will be required. A condition has been added to this effect. At the request of the Army Corps of Engineers, the applicant has removed trails within the southwestern portion of the subdivision (Tract Q) in order to avoid high functioning wetlands and mitigation areas. Unfortunately, computer viruses experienced at City Hall immediately prior to publication of the staff report have forced the City to utilize previous versions of the plat. Revised versions will be available at the public hearing. The Master Site Plan included in Exhibit 5 provides a good overall view of the current proposal; the preliminary plat drawings (which includes dimensions, numbering, and sizes of lots and which will be the drawing that is ultimately approved by the City) reflect an earlier version. From the City s perspective, the realignment of trails is not a significant change provided that the trails accomplish the goals of the Parks, Recreation and Trails Master Plan (to provide connectivity between residents and parks) and are visually interesting. Both of these goals can still be accomplished if the southwestern trail is eliminated, although the park impact fee credit would be reduced. Additional discussion is provided in the parks and trails section of this staff report. Preliminary Plats (FMC 17.20), Design Requirements (FMC 17.28) and Required Improvements (17.32) The Meadows subdivision is considered a Preliminary Plat/ Planned Unit Development. This means that the proposal combines the various design elements of a conventional subdivision (as described in FMC 17.20, and Page 10 of 46

11 17.32) with additional flexibility in terms of lot configuration, size, and a variety of other elements (as described in FMC 18.68). When additional flexibility is not sought, the requirements of Title 17 are assumed by default. The applicant responds to the conventional subdivision requirements of FMC (Design Requirements) in most respects, with the following exceptions: FMC Blocks and Lots (A) 4: Maximum length of cul de sac roadways in residential divisions shall not exceed 600 feet. Proposed Road A is greater than 600 feet in length, but is not considered a culde-sac (a street that is designed to connect to another street only at one end Merriam Webster). Road A will connect to at least two other streets, but these connections cannot be made until subsequent development on properties not controlled by the applicant occurs. B (2) b: The easement or handle portion of a panhandle lot shall be a minimum of 24 feet in width. There are several lots within the proposed subdivision (Lots 38, 39-41, 42 and 43, 26-28, 133 and 134, ) that contain easements or panhandles. These lots are configured in this manner to avoid wetland impacts, and while the individual lots may not include a panhandle of 24 feet individually, the shared access easement will be at least 24 feet in each case (a condition has been added to this effect). Staff has interpreted the code section in this and previous instances as a requirement that the easement itself be a minimum of 24 feet in width, allowing for more than one lot to utilize this 24 foot easement. 4 The applicant has coordinated with WCFD 7 and has consolidated several pipestem (flag lot) driveways in order to preserve full access. These consolidations effect Lots and Lots In some cases, the easement itself may be less than 24 in width. Staff and the applicant will review such easements as part of the civil plan review and will determine if certain easements should be widened to accommodate utilities. Provided that lots are not reduced below minimum lot sizes or dimensions, these changes are expected to be accomplished on the administrative level. Page 11 of 46

12 B (2) d: All proposed lots shall meet the minimum lot area requirements for the zone, exclusive of the easement area or area included in the handle portion of a panhandle lot. and B (3): Lots fronting on cul de sac roadways shall be at least 40 feet wide at the edge of the right of way and at least 70 feet wide at the building line. and B (4): Lots for residence purpose shall be at least.85 feet wide in the RS 10.5 zone The City s Planned Unit Development (PUD) standards provide additional flexibility on these elements, generally requiring that life-safety issues are addressed but allowing lot dimensions to be reduced to require a minimum 40 x40 building area, not including required setbacks or easements, or singlefamily attached dwelling lots. Each lot within the proposal meets these requirements, and no lot is less than the 4,000 square foot minimum lot size authorized by the PUD chapter. Conditions have been added to this effect. Setback Requirements In order to determine that a 40 x 40 building area exists, the City must first determine the required setbacks for each lot. Typically, conventional subdivisions rely upon the zoning requirements in place at the time a complete building permit application is submitted to determine setback requirements. This approach allows the City s requirements to change over the life of a subdivision. Planned Unit Developments are somewhat different, in that the PUD standards in effect replace the underlying zoning subject to specific guidelines and restrictions. 5 This means that it is appropriate to identify setback requirements and incorporate those setbacks into the recorded plat document. In this case, proposed standard building setbacks are as follows: 5 Ferndale Municipal Code (Planned Unit Development [PUD] Residential - Purpose Page 12 of 46

13 Front: 20 Side: 5 Rear: 10 A note has been added to this effect. In addition, those lots receiving a variance from standard from yard setbacks will be noted on the face of the plat. A condition has been added to this effect, as well. Several single family attached lots have been proposed, and these lots are subject to FMC Single Family Attached Development as exists or may hereafter be amended. These requirements are generally intended to ensure that shared responsibilities for maintenance and repair, landscaping and more are identified in a recorded document associated with the single family attached dwellings. A condition has been added to this effect Street Requirements Public streets within the proposed subdivision meet the minimum dimensional requirements of the City of Ferndale. A full set of civil plans that reflect the proposed changes have not been submitted and will be reviewed by Public Works staff for compliance with the City s development standards prior to issuing a land disturbance permit. A condition has been added to this effect. The proposal includes a number of private alleys or service drives, labeled as tracts throughout the subdivision. Each of these drives must be a minimum of 20 feet wide. Tract B, a boundary road which is subject to a variance request and which serves up to nine units, is a 30 easement and will require 24 feet of paved surface area to enable two-way movements. Conditions have been added for the variance request. The applicant proposes a monument at the front entrance, within the public right of way. This monument will serve to create a distinctive entrance to the subdivision and will separate inbound and outbound movements. Whatcom County Fire District 7 and the City of Ferndale have indicated that such a monument can be approved, but must verify that there is a sufficient radius for turning movements. The proponent will be required to submit a diagram and calculations for this purpose. A condition has been added to this effect Utility Requirements Page 13 of 46

14 Adequate water and sanitary sewer capacity is available at Thornton Street to accommodate the proposed development. No regional stormwater pond exists, so the development will be required to treat and detain stormwater onsite. Sanitary Sewer Before ceasing operations, the prior Blomquist development installed the majority of sanitary sewer services, with the exception of onsite sewer near to and including the future lift station. Due to the fact that the applicant is proposing to reduce lot sizes and in some cases add new lots, the City will require that the applicant install individual sewer services for each lot that is not served by an existing service or does not meet the City s minimum development standards. This will mean that the applicant may be required to replace or re-install sewer services that had been previously installed, and will require that the applicant uncover portions of the existing main to make these improvements. A condition requiring individual services has been added. The original project included a sewer lift station to serve the subdivision. The City s long-range sewer plans reflect the need for a regional lift station in this area. The City and the proponent have met to discuss shared opportunities and have agreed in principle to a plan that would split the pro-rata costs of the design and construction, wherein the applicant would be required to contribute their share of costs and the City would contribute the remaining share. The City may consider a Latecomer s Agreement or other payback mechanism in order to recover some of the remaining costs. Only the City Council is authorized to approve Memorandums of Understanding (MOU s) and agreements between the City and private property owners, as part of a separate process. This staff report references such discussions only for the purpose of providing transparency. For the purpose of the preliminary plat, a regional lift station will be required to be constructed in order to serve The Meadows, and a condition to this effect has been added. Water Page 14 of 46

15 Water service to each lot and tract, as well as water service necessary for required irrigation of landscaping will be required. Water services will be installed per as necessary, to be determined during the review of civil plans. A condition has been added to this effect. Whatcom County Fire District 7 has recommended the construction of an 8 fire line from Thornton Street south along the easterly private drive to be looped to Road A through the pedestrian tract in that location. Two fire hydrants were also recommended to be installed along the private drive. These improvements and any additional fire hydrant locations will be analyzed and identified as part of the coordinated review of civil drawings. Conditions have been added to this effect. Stormwater The majority of stormwater pond facilities proposed as part of the Blomquist subdivision have been installed (see Exhibit 6, Page 14 for a brief discussion of stormwater). Lot drains have not been installed. The new lot configuration will increase impervious surfaces and will require modifications to the original stormwater report, although the applicant s engineer has indicated that significant changes to the pond facilities themselves are not anticipated. A condition requiring the submittal of a final revised stormwater plan has been added. Transportation Elements The proposed plat has met all Transportation Concurrency requirements, and has been issued a Certificate of Concurrency (Exhibit 13). This means that the projected full build-out of the subdivision would not reduce the City s street Level of Service below what has been adopted by the City Council. As discussed previously, the development will be required to extend public roads to the boundaries of the property to the east and south in order to link to future planned streets that are reflected within the City s Transportation Element of the Comprehensive Plan. The Institute of Traffic Engineers (ITE) provides estimates for trip generation for a variety of uses, including both single family detached units and single family attached units, or townhouses. The trip calculations are shown below, and are Page 15 of 46

16 the PM peak hour trips are the basis for the City s Traffic Impact Fees, which will be paid half at plat recording and half associated with building permit. A condition has been added to this effect. Traffic Generation Table Condition Zoning or Use (Area) Source Daily Trip Rate Daily Trips P.M. Peak Hour Trip Rate P.M. Peak Hour Trips Existing Zoning & Use RS 10.5 (1 SFR DU) ITE (210) 9.57 VTE/DU VTE/DU 1.01 Proposed Use Single-Family PUD (128 SFR DU) Single-Family Attached (32 Townhouse) ITE (210) ITE (230) 9.57 VTE/DU 5.81 VTE/DU 1, VTE/DU VTE/DU Increase In Trips As Compared to Existing Use 1, Notes: VTE = Vehicle trip ends DU = Dwelling unit ITE = Institute of Transportation Engineers (Land Use No.) The project will also be required to construct full ¾ street frontage improvements along Thornton Street per COF Development Standards. The City believes that the existing street is sufficient to last for a number of years without the proposed development, but that the combination of construction impacts and daily use will likely cause the street to quickly deteriorate to the extent that it is not serviceable. As such, the City seeks the applicant s improvements to include full street reconstruction, rather than only a street overlay. The City does not believe a third-party study is necessary due to the existing condition of the road, but will not restrict the applicant from providing such a study for further review. The applicant has suggested that the City s request for full reconstruction of Thornton Street in front of the project boundaries may be necessary, but should Page 16 of 46

17 be based on an independent third party review and analysis. The applicant proposes hiring a geotechnical firm to core the road to determine its ability to withstand future impacts. The applicant contends that the road has been in service for several decades and shows no sign of base failure. All public streets within the subdivision will be fully constructed to City standards, and the applicant shall be required to work with Puget Sound Energy, Whatcom County Fire District Seven, and other agencies as part of the review of civil drawings in order to ensure compliance with all applicable regulations. A condition has been added to this effect. Parks, Recreation and Trails Requirements The City s Parks, Recreation and Trails Master Plan has been amended since the Blomquist subdivision was originally proposed. At that time, the City sought to emphasize small private parks within each subdivision, with the expectation that these parks would be owned and maintained by the Homeowners Association. This approach has largely failed, and the City in 2013 adopted plans to connect the residential areas of the community to new and existing public parks through a system of trails. The City s adopted Level of Service requires that 75% of all residential properties in Ferndale be within a ten-minute walk (1/4 mile) of a public park or school playground, to be accessed via trails and sidewalks. The applicant proposes over 3,000 lineal feet of trails, and has calculated the approximate walk times for residents within the Meadows subdivision, utilizing a combination of trails and sidewalks (Exhibit 14). Once the full extent of trails are known, the City will calculate the equivalent value of the trails as per the Parks, Recreation and Trails Master Plan. This value will be credited against Park Impact Fees, which are due half at plat recording, and half associated with the building permit. Conditions have been added to this effect. Planned Unit Development Requirements (FMC 18.68) The PUD chapter includes a number of goals, ranging from the promotion of infill to the provision of open space areas, encouragement of innovative and affordable housing, allowances for cluster developments and the ability to require appropriate buffers between dissimilar land uses ( Purpose). Page 17 of 46

18 The proposed project largely accomplishes each of these goals, in a variety of ways. This section is intended to review the requirements of the PUD chapter, and compare those requirements to the proposed development project. Ferndale Municipal Code includes criteria for approval a planned unit development, as follows: A. The applicant has consulted with surrounding property owners prior to submittal of the application. A neighborhood meeting was conducted prior to review by the City of Ferndale, and a meeting summary is attached as Exhibit 15. City staff attended the meeting. B. The applicant has filed a proper application and followed the procedural steps required by this chapter and other applicable chapters of the Ferndale Municipal Code. All application materials have been submitted, and all procedural steps have been followed.(exhibit 9) C. The density of the proposed PUD is consistent with that of the underlying zone (as modified by this chapter) and the Comprehensive Plan. The applicant has submitted a variance request in order to propose densities that are less than those anticipated for Planned Unit Developments. Ferndale Municipal Code (D) calls for minimum densities of three units per gross acre within the RS 10.5 zone. The applicant proposes 157 lots, with an overall average lot size of 8,225 square feet. This equals a net density of 5.29 units per net acre, a greater density than would be possible in a conventional subdivision (4.14 units per net acre, based on 43,560/10,500 sf calculation) and beyond those proposed in the original Blomquist subdivision. However, the gross density is 2.3 units per acre, below the minimum three required. The City recommends approval of this variance, due to the fact that existing wetlands, required storm systems and open space significantly limit the amount of useable space within the development. The applicant has achieved the densities that they propose only by reducing the average lot size and including non-traditional single family designs (single family attached units). Page 18 of 46

19 D. The proposed PUD will not result in a significant adverse impact on the environment, as evidenced by an appropriate threshold determination under SEPA, and the project will incorporate in its design any mitigation measures identified during SEPA review. As noted above, a SEPA threshold determination was issued. Any changes resulting from that determination will be incorporated into a revised site design. E. The project will result in the protection, preservation, or enhancement of environmentally sensitive areas that may exist on the property. Overall, environmentally sensitive areas will be expanded and enhanced. Individual wetlands are proposed to be filled in compliance with City of Ferndale, Department of Ecology and Army Corps of Engineers requirements. F. The project design includes buffers where necessary and lot development patterns adjacent to established neighborhoods consistent with the requirements of this chapter. The proposed development includes buffers where necessary as per code, generally adjacent to adjoining properties where the proposed lot sizes are less than 80% the size of the conventional minimum lot size (in this case, 8,400 square feet is 80% of the conventional minimum lot size). Prior to PUD changes in 2011, the perimeter of all PUD s required a 20 landscaping buffer. The current code requires a buffer only when the proposed PUD is adjacent to existing or potential developments or uses that would be incompatible as defined by the code. The applicant has proposed to establish a fenced buffer along the southern property line, as per an agreement with adjacent property owners (Exhibit 16). This will represent the only PUD buffer area within the proposed plat, as the applicant has proposed to take advantage of forested wetlands east of the site to separate the current proposal from potential future development. The City is not responsible for administering buffers resulting from private agreements. However, staff has added conditions related to the agreement for possible consideration. Lot Design, Setbacks, House Design Page 19 of 46

20 The applicant seeks to create a variety of lot types, focusing on affordable to middle-income lots of 7,500 square feet or less in the first two phases, gradually increasing in size to lots of as large as 14,905 square feet in Phase III. The majority of lots in Phase III include view lots overlooking the Mountain View valley as well as Northern Puget Sound and the San Juan Islands and these lots will likely be priced above standard lots in the City of Ferndale. Typical building setbacks (20 front setback, 5 side, 10 rear) were described previously. The applicant does not anticipate acting as the primary building contractor within this development. Instead the applicant will likely sell lots individually or in groups to individuals or construction companies. At the request of the City, the proponent has submitted several pictures showing typical construction types (Exhibit 17), but it should be noted that these pictures are intended for illustrative purposes only and do not represent a specific housing design. The majority of lots will be single family detached, and will likely follow typical construction processes. The proponent anticipates creating an architectural control committee, which would be incorporated into private Covenants Codes and Restrictions (draft versions are found in Exhibit 18), and not enforced by the City. Single family attached structures in the northeast portion of the property have been planned to incorporate utilize the slope differential by allowing one unit to access the private driveway to the east, with the attached unit accessing Road A, to the west. The applicant contends that this dual entry will reduce or eliminate the feel of a multi-dwelling unit and will give the illusion of a single family detached dwelling. Schools Impacts to the Ferndale School District resulting from the proposed development will be mitigated by the payment of school impact fees to be determined by the District. The provision of walkways and the proposed trail will result in an improvement to non-vehicular routes to school (Horizon Middle School and Eagleridge Elementary). The Ferndale School District has indicated that the school district s existing stormpond at the northeast portion of the site may be impacted from run-off from the road, driveways, yards, or homeowner yard waste. The applicant is required by law to mitigate any impacts, and seeks to route all runoff from the private drive to existing stormwater ponds consistent Page 20 of 46

21 with the natural predeveloped direction of flow. Conditions have been added to limit these impacts, requiring a vegetative fence at this location. OPEN SPACE Ferndale Municipal Code (H Table I) requires a minimum of 20%, or acres, as Usable Open Space. The applicant proposes a total of 28.6 acres of Open Space/ Conservation Area, including all wetlands and stormwater facilities, but also including a ~3,700 linear foot trail. Without the proposed trail, little of the 28.6 acres could realistically be considered usable open space. However, just as the trail creates a usable area, so too does it create a potential conflict with the wetland mitigation proposed onsite. The Army Corps of Engineers has expressed concern that a trail through a mitigation area may cause unnecessary impacts to the mitigation area. At the same time, the City would contend that a trail through a mitigation area creates open space and the ability to learn about wetland areas, rather than simply being barred from entrance. Staff anticipates that all or a portion of the trail through Tract R will be removes, as per ACOE requirements. However, staff believes the intent of the code is still met for open space, and that the open space provisions are proportionate to the impact. Intent of code: The code allows Usable Open Space to include wooded areas accessible by a path system, but does not include critical areas or their buffers. Staff was responsible for writing this code, and we accept that some clarification may be required and respectfully request the Hearing Examiner to permit us to explain this rationale. Critical areas, wooded areas, wetlands, and other similar features that are fenced and bar any access are not usable those barriers create areas that are unknown and unfamiliar. However, the establishment of a linear trail through or along these areas allows pedestrians to experience these various natural features, which is the intent of the code. Most hikers do not experience Blanchard Mountain or other similar areas by walking off-trail instead, they experience the forest from the trail and this is the intent of the code, which is met by the current proposal. 6 6 Heron Crest, LaBounty Estates and Thornton Woods are recent PUD projects in the same general area, and include similar 20% open space requirements. In each case the open space Page 21 of 46

22 Nexus and Proportionality: In the event that the Hearing Examiner disagrees with this position, the applicant has raised an additional argument related to the nexus and proportionality of the City s requirement for 20% Usable Open Space. The applicant contends that the City s requirement places some (not all) applications, including this one, in a position of hardship where the combination of density requirements, critical area requirements, open space requirements and infrastructure requirements force one or more requirements to give in order for the other conditions to be satisfied. The applicant has pointed out that the subject property has approximately 1.25 million square feet of space that, with mitigation measures in place, is undevelopable. This represents approximately 42% of the total lot area. Including right of way, the percentage of usable space for lots (or the conventional usable open space ) is reduced to less than 45%, leaving approximately 1.3 million square feet for lots or open space. If 20% of this remainder were devoted to open space, only slightly more than 1 million square feet would be available for lots, which could result in a return to the number of lots (99) proposed in the original Blomquist subdivision. As a result, the applicant suggests that a strict interpretation of the City s codes will result in the conclusion that the City s codes are working against each other. Staff tends to agree, and feels that the PUD process is intended to allow for creativity and flexibility and that the rigid adherence to performance standards will result in an inferior product. Staff believes that the required Open Space provisions have been met, as the open space provisions within this plat provide the same range of open space activities that have been afforded to other PUD s in the City of Ferndale. LANDSCAPING Landscaping will be required along all public rights of way and along the northeast boundary road. In addition, permanent fencing or vegetative hedges will be required to delineate trail access and protected areas. 7 requirements are generally satisfied through the provision of trails, protected woodland, benches, and playground equipment. With the exception of playground equipment but the addition of sheer space, The Meadows is very similar. 7 Wetland mitigation plantings are not considered landscaping, and are administered separately. Page 22 of 46

23 Public rights of way: the applicant shall propose a landscaping ( street tree ) plan to the Ferndale Public Works Department as part of the review of full civil plans. Maintenance of trees along the public right of way is typically the responsibility of the property owner 8 and must follow City conventions, unless otherwise authorized by the Public Works Director. The City will require that landscaping along the street be located within planter strips between the roadway and the sidewalk, or on individual properties outside of the public right of way. Conditions have been added to this effect. Northeast Boundary Road: The applicant has proposed a 4 landscape strip between the Boundary Road and fence to be planted with vegetative screening that will be 6 high when established. The Home Owners Association will be responsible for the maintenance of this vegetation and fence. A condition has been added to this effect. As per agreements between the applicant and property owners to the south, a barrier shall be established between Lots and Lots and properties to the south. A condition has been added to this effect. Trail Access and Protected Areas: Prior to final plat approval, the applicant shall propose and install fences, vegetative barriers, or other devices to limit user access to protected wetlands and stormwater facilities. A condition has been added to this effect. Public Comments In addition to public comments received during the two-week comment period, please see the attached transcript of the neighborhood meeting conducted March 3, 2014 (Exhibit 15). VARIANCE REQUESTS (Exhibit 19) There are four variance requests: 8 Or the Home Owners Association, in this case Page 23 of 46

24 1. Front building façade Reduction from 20 to 15 for Lot 47 with a 20 setback to garage for parking pad (variance from Ferndale Municipal Code (I) requiring a minimum front setback of 20 from public rights of way. 2. Minimum buildable area reduction from 40 in depth to 38 in depth on Lot 47 (variance from Ferndale Municipal Code (J), requiring all lots to have a minimum building area of 40 feet in width and 40 feet in depth 3. Minimum Density Reduction from 3 units per gross acre to 2.28 units per gross acre (variance from Ferndale Municipal Code (D) 4. Northeast boundary street approval (variance from Ferndale Municipal Code (B) 7, prohibiting boundary streets). Variance 1: Northeast boundary street approval (variance from FMC (B) 7. Staff recommends approval, with conditions The boundary street variance is the only plat variance requested (all other variances, with the exception of variance from development standards, are variances from the City s zoning code and have different criteria for approval). The Hearing Examiner should note that a similar variance request was made and approved in 2008 as part of the Blomquist subdivision. In both cases, a boundary road (labeled Tract B on Exhibit 5) was proposed at the northeast corner of the property. The boundary road itself is identical to the road proposed in 2008, but will now serve more lots (up to nine, vs. seven in the Blomquist proposal). The lots in question (Lots 10-23) are located on an upward slope that results in a significant elevation change between the higher boundary road and the lower Road A. The applicant contends that the existing slope and elevation gain on the proposed lots presents a design challenge to providing access from the primary interior street. While this elevation difference was unknown at the time the original Blomquist plat was proposed, and cited by the previous applicant as a justification for a variance, the current applicants were aware of this design challenge when they Page 24 of 46

25 purchased the property. The applicant points out that although the elevation difference was known prior to purchase, there remains a grade differential between the fence and the partially constructed road. The applicant has indicated that the attached unit configuration allows for the change in elevation to be absorbed in the building itself, but requires alternating accesses to achieve it. He proponent has also reminded staff that an attached configuration enables the development to achieve higher densities. Finally, the applicants point out that the existing house has always taken access from the proposed boundary road, and cannot take access from any other road, due to the elevation grades and that since the road exists, there are opportunities to more-fully utilize it. The proposed Tract B has been reviewed by the City of Ferndale and Whatcom County Fire District 7, and as proposed is sufficiently large to accommodate anticipated local traffic as well as emergency vehicles. The proponent has confirmed that Sanitary Service Company (SSC) vehicles can also utilize this roadway. The boundary street variance is made pursuant to FMC and requires that all four of the following elements be satisfied: A. That the proposed plat is clearly in an area or of a type that contains extraordinary conditions or topography, access, location, shape, size, drainage or other unusual circumstances such that strict compliance with specified requirements of this title would create an extraordinary hardship for the subdivider; Response: The conditions that created a hardship for the developers of the Blomquist plat create a similar hardship for the current developer. Road A is in place as is the stormwater facility in Tract G. Wetlands within Tract G are expected to remain, as is the slope differential that creates the request for a variance. However, the current proponent is seeking to add additional lots to connect to the boundary road, thus benefitting (to some degree) by this variance request. Though not specifically considered as part of the variance approval criteria, staff feels that it is important to acknowledge that the combination of requirements placed on this project for density, critical area protection, minimum lot sizes, existing infrastructure and more Page 25 of 46