City of Ferndale CITY COUNCIL STAFF REPORT

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1 SUBJECT: Final Plat Approval DATE: January 19, 2016 FROM: Haylie Miller, Assistant Planner PRESENTATION BY: Haylie Miller City of Ferndale CITY COUNCIL STAFF REPORT MEETING DATE: January 19, 2016 AGENDA BILL # Exhibits: Exhibit 1 Staff Report Exhibit 2 Resolution Exhibit 3 Final Plat Check print Exhibit 4 Aerial Map Exhibit 5 Zoning Map Exhibit 6 Comprehensive Plan Map Exhibit 7 City Council Notice of Decision RECOMMENDATIONS: Staff recommends approval of the Ferndale Village Homes Planned Unit Development (PUD) final plat (Exhibits 3-6). Staff recommends this item be placed on the consent agenda for the January 19, 2016 City Council meeting. The planned unit development has been constructed in the same configuration and the same general infrastructure and roadway width as the preliminary plat approved by the Ferndale City Council. The plat is consistent with that approval, and this is the final step for the City Council in this process. OVERVIEW: The Preliminary Plat for Ferndale Village Homes Planned Unit Development (PUD), consisting of 10 lots was approved by the City Council on April 7, 2014 (see attached City Council Notice of Decision Exhibit 7). The Public Works Director has indicated that infrastructure improvements have been substantially completed, or will be bonded for prior to final plat recordation. PARKING: During the April 7, 2014, City Council Meeting, the preliminary plat was brought forward to council for approval. Parking was a major concern for a number of the Council Members. The Council wanted to ensure this development would not utilize the Public Right of Way along Malloy and Thornton for parking. Further the concern was that residents would park on the existing sidewalk adjacent to the development on Malloy Avenue. To address the issue, a condition of approval was added by Council stating: A barrier shall be in place to protect the sidewalk and prevent street parking for this development. The barrier will be reviewed as part of the Civil Plan Review. 80

2 The applicant was required to propose a curb, acceptable to City standards for review and approval. The curb is installed along Malloy and Thornton to prevent parking along the street (see photos below). Should parking occur on the street adjacent to the development, the City Code Enforcement Officer and Police Department will work together to enforce the parking regulations. The City reserves the right to require that the Home Owner s Association (HOA) pay for no parking signs or some other acceptable mechanism such as painting the curb yellow, should the City determine that illegal parking has occurred. Above: Left Photo - taken from Thornton Street facing west. Right Photo - taken from Malloy Avenue facing north FEES: The applicant will be required to pay recording fees listed below prior to recording the final plat. Note that fees are subject to change and are not vested until paid: Park Mitigation (Option 1 paid in full) $17, Park Mitigation (Option 2 Developers ½) $8, Traffic Mitigation (Option 1 paid in full) *The applicant receives credit to compensate for a 2,614 square foot land dedication to the City. Traffic Mitigation (Option 2 Developers ½) *The applicant receives credit to compensate for a land 2,614 square foot land dedication to the City (See Exhibit 8) Storm Sewer Mitigation (Option 1 & 2) paid in full: Developers ½ payment option not available Note: this storm fee includes the square footage of the lot area and the right of way dedication totaling 97,967 square feet. $28, ($7,843.75*) $20, $14, ($7,843.75*) $6, $4, Total Paid to City (Option 1) $42,

3 Total Paid to City (Option 2) $19, Total Paid to Ferndale School District School Impact Fees (Option 1 paid in full) $11, School Impact Fees (Option 2 Developer s ½) $5, PROCESS: The applicant desires City approval of the Final Plat, which is necessary before the Plat can be recorded, lots sold, and single-family building permits issued. The Plat Administrator and Public Works Director reviewed the Final Plat for a recommendation per Section of the Ferndale Municipal Code. The Ferndale Municipal Code vests the City Council with the authority to make a formal determination as to whether all of the requirements of the Preliminary Plat have been met. It is not the purpose of this meeting to reconsider issues or questions that were previously decided by the approval of the Preliminary Plat. The review of the Council must focus on the issue of whether the conditions of the Preliminary Plat have been, or will be satisfied subject to conditions of approval. This is not a Public Hearing, although the Council may ask clarifying questions of staff or the applicant if it so chooses. After considering the materials provided, and the status of the improvements at the site, the Plat Administrator and the Public Works Director recommend APPROVAL of the Final Plat Application. The approval would defer recordation until such time as the remaining items on the Public Works punchlist are completed to the satisfaction of the Department of Public Works. The Community Development Department also requires that some items are completed prior to recordation of the Final Plat (see below) Staff recommends that if the City Council approves the project, the approval be subject to the Conditions of Final Plat Approval at the end of this report. OUTSTANDING ISSUES Any preliminary plat conditions not listed below have been satisfied by the applicant. Public Works Department Requirements The Public Works Inspector has prepared a punch list for the project and provided a copy to the applicant. Many of the items on the punch list have been addressed, but a variety of minor items are likely to be outstanding after reinspection, and those will be resolved or bonded for prior to the City signing final mylars and allowing recordation of the plat. A memo from Kevin Renz, Public Works Director, stating that the project is significantly complete is attached as Exhibit 9. Community Development Department Requirements The Community Development Department will require that the applicant follow the recommendations listed below prior to final plat approval. Landscaping 82

4 A condition of approval for the Ferndale Village Homes Development included the requirement to submit a detailed landscaping plan, meeting the Municipal Code Requirements including landscaping along the southern and eastern sides of the trail to serve as a visual buffer between the new development and established properties to the east and south. Landscaping is also required to landscape along the front of the houses fronting Thornton to enhance aesthetics and safety. A condition of final plat approval was that the landscaping must be installed prior to recording the mylars. The applicant has requested to post pone the installation of landscaping because of the time of year. Landscaping installed at this time would have little chance of establishing and surviving during the winter months. The City staff has required the applicant post bond for all landscaping requirements. The bond will not be released and no occupancy will be granted until all landscaping is installed and inspected to the satisfaction of the City. STAFF RECOMENTDATIONS Public Works Director s Recommendation The Public Works Director and the Public Works Inspector were consulted regarding the state of infrastructure. Both have indicated that the physical infrastructure for the project is complete, and only minor items still remain. Based on the status of the project, the Public Works Director recommends APPROVAL of the proposed Final Plat. Plat Administrator s Recommendation The Plat Administrator has indicated that all requirements have been met. Therefore, the Plat Administrator also recommends APPROVAL of the proposed Final Plat. The Public Works Director and the Plat Administrator further recommend that any approval of the Final Plat be subject to the following conditions: FINAL PLAT CONDITIONS OF APPROVAL 1. Items on the Public Works inspection punch list and in the memorandum from Kevin Rentz, dated January 6, 2016 shall be completed consistent with the City of Ferndale Development Standards and to the satisfaction of the Public Works Department prior to recordation of the Final Plat, including bonding. 2. A land surveyor shall certify in writing under his seal that all monuments and lot corners indicated on the plat have been set. No street maintenance bonds shall be released until the City has received the certification. 3. All landscaping required for the development shall be installed and inspected to the satisfaction of the City prior to release of the bond and prior to occupancy of the first single family structure. 4. The City reserves the right to require that the Home Owner s Association (HOA) pay for no parking signs or some other acceptable mechanism such 83

5 as painting the curb yellow, should the City determine that illegal parking has occurred. 5. As common with final plat applications, minor changes are required to reflect as built conditions form construction such as easement changes, labeling and plat notes. Not every red line change is listed in these conditions as the changes are mainly housekeeping and can be processed administratively. CONCLUSION: Staff recommends approval with the conditions noted above for this final plat. 84

6 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FERNDALE APPROVING A FINAL PLAT FOR FERNDALE VILLAGE HOMES PLANNED UNIT DEVELOPMENT (PUD) SUBDIVISION WHEREAS, John Friberg, has requested approval of a Final Plat for the Ferndale Village Homes PUD, consisting of 10 lots, on the northwest corner of the Thornton and Malloy intersection in the RS 8 zone; and WHEREAS, the City Council approved the preliminary plat on March 26, 2014; and WHEREAS, in reliance on staff recommendation, the City Council has determined that all conditions of the Preliminary Plat not eligible for bonding will be satisfied prior to recording the final plat; and WHEREAS, the City Council has directed staff to ensure that any outstanding punchlist items are resolved or bonded for prior to recording. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FERNDALE DO RESOLVE: Section 1. That the Ferndale City Council Hereby APPROVES the proposed 10-lot Final Plat subject to the conditions below: 1. Items on the Public Works inspection punch list and in the memorandum from Kevin Rentz, dated January 6, 2016 shall be completed consistent with the City of Ferndale Development Standards and to the satisfaction of the Public Works Department prior to recordation of the Final Plat, including bonding. 2. A land surveyor shall certify in writing under his seal that all monuments and lot corners indicated on the plat have been set. No street maintenance bonds shall be released until the City has received the certification. 3. All landscaping required for the development shall be installed and inspected to the satisfaction of the City prior to release of the bond and prior to occupancy of the first single family structure. 4. The City reserves the right to require that the Home Owner s Association (HOA) pay for no parking signs or some other acceptable mechanism such as painting the curb yellow, should the City determine that illegal parking 85

7 has occurred. 5. As common with final plat applications, minor changes are required to reflect as built conditions form construction such as easement changes, labeling and plat notes. Not every red line change is listed in these conditions as the changes are mainly housekeeping and can be processed administratively. APPROVED AND ADOPTED by the City Council of the City of Ferndale in regular session this 19 th day of January 16, ATTEST: Jon Muchler, MAYOR Sam Taylor, CITY CLERK Date: 86

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10 EXHIBIT 4 Subject Property THORNTON ST THORNTON ST THORNTON RD NEWKIRK RD Interstate W AY RT AL S ECON D AV E PO RT AL W AY DR PO VIS TA MALLOY AVE PORTAL WAY 5 Legend City of Ferndale Project: Ferndale Village Homes Parcel Number: File: FP Aerial Photo O ,040 Feet DISCLAIMER: USE OF THIS MAP IMPLIES THE USER'S AGREEMENT WITH THE FOLLOWING STATEMENT: The City of Ferndale disclaims any warranty of merchantability or warranty of fitness of this map for any particular purpose, either express or implied. No representation or warranty is made concerning the accuracy, currency, completeness or quality of data depicted on this map. Any user of this map assumes all responsibility for use thereof, and further agrees to hold the City of Ferndale harmless from and against a ny damage, loss, or liability arising from any use of this map. 89

11 Subject Property THORNTON ST THORNTON ST THORNTON RD NEWKIRK RD Interstate 5 Legend City Center Gateway Development District Highway Commercial PORTAL WAY Mixed Use Commercial District General Business VISTA DR MALLOY AVE PORTAL WAY Regional Retail Manufacturing Light Industrial RS 6-Single Family Dwelling PORTAL WAY RS 8-Single Family Dwelling RS 10-Single Family Dwelling Urban Residential RM 1.5-Multiple Dwelling Residential Office Public/Institutional SECOND AVE Floodway City of Ferndale 0 Project: Ferndale Village Homes Parcel Number: File: FP Official Zoning ,040 O Feet DISCLAIMER: USE OF THIS MAP IMPLIES THE USER'S AGREEMENT WITH THE FOLLOWING STATEMENT: The City of Ferndale disclaims any warranty of merchantability or warranty of fitness of this map for any particular purpose, either express or implied. No representation or warranty is made concerning the accuracy, currency, completeness or quality of data depicted on this map. Any user of this map assumes all responsibility for use thereof, and further agrees to hold the City of Ferndale harmless from and against any damage, loss, or liability arising from any use of this map. 90

12 Subject Property THORNTON ST THORNTON ST THORNTON RD NEWKIRK RD Interstate 5 PORTAL WAY Legend Current Comprehensive Plan Commercial Industrial Low Density Residential Medium Density Residential High Density Residential Residential-Unspecified Public Floodway Commercial-Reserve VISTA DR MALLOY AVE SECOND AVE PORTAL WAY PORTAL WAY City of Ferndale 0 Project: Ferndale Village Homes Parcel Number: File: FP Comprehensive Plan ,040 O Feet DISCLAIMER: USE OF THIS MAP IMPLIES THE USER'S AGREEMENT WITH THE FOLLOWING STATEMENT: The City of Ferndale disclaims any warranty of merchantability or warranty of fitness of this map for any particular purpose, either express or implied. No representation or warranty is made concerning the accuracy, currency, completeness or quality of data depicted on this map. Any user of this map assumes all responsibility for use thereof, and further agrees to hold the City of Ferndale harmless from and against any damage, loss, or liability arising from any use of this map. 91

13 NOTICE OF DECISION DATE OF NOTICE OF DECISION: April 15, 2014 APPLICANT: PROJECT LOCATION: John Friberg Located on the northeast corner of Thornton Street and Malloy Avenue in Ferndale. The parcel is bound by Malloy Avenue to the west, Thornton Street to the south, and residential property to the east and north, located in the 6100 address block of Malloy Avenue. PROJECT DESCRIPTION: CITY COUNCIL DECISION: Applicant requests approval of a Planned Unit Development preliminary plat consisting of 10 single family lots on a 2.25-acre parcel. A Preliminary Plat variance for a reduction in front yard setbacks from 20-feet to 10-feet on all lots abutting Thornton Street and Malloy Avenue has also been requested. The property is located within the RS 8.5 zone. Approval with conditions DATE OF DECISION: April 7, 2014 APPEAL PERIOD: Information related to requests for reconsideration and/or appeals by parties of record may be found in Sections of the Ferndale Municipal Code. 92

14 CONTACT: Haylie Miller, Assistant Planner P.O. Box 936 Ferndale, WA (360) The City Council made their decision after consideration of written comments and verbal testimony presented at the public hearing; the recommendations of city staff as presented in the staff report; and the provisions of the environmental document. The City Council based its decision on the Findings of Fact and Conditions of Approval and added one additional condition (condition #26 below) contained on the following pages: FINDINGS OF FACT Adopted Hearing Examiner s Findings of Fact and Conclusions of Law (see attached) CONDITIONS OF APPROVAL 1. Once action on the Preliminary Plat is taken by the City Council, the Plat map shall be revised to include any revisions or additions imposed by Council or noted in the Conditions of Approval. Five copies of the revised Preliminary Plat shall be submitted to the City for approval. One stamped copy of the approved Preliminary Plat will be returned to the applicant. 2. The approved Preliminary Plat does not authorize any construction. Construction plans must be submitted and approved by the City as required in the City Development Standards. 3. Any earthwork, drainage, utilities, or other construction must be designed and carried out in accordance with city standards, to the 93

15 satisfaction of the Public Works Director, and in accordance with Department of Ecology guidelines (where applicable). 4. A complete set of engineered construction drawings shall be submitted with a Land Disturbance Permit Application and approved for the development prior to start of any construction. The initial submittal shall include a final comprehensive stormwater management plan and an erosion and sediment control plan. 5. A full review of the stormwater report will be conducted following submittal of full civil drawings. The project drainage system is to be designed to comply with the 2005 or most recently adopted Department of Ecology stormwater standards, and must be approved by the Public Works Department. Full review will occur at the time civil plans are submitted. Should this review result in conclusions that the drawings proposed to deviate from the City s standards, re-submittal shall be required and/or a variance request shall be submitted. 6. All stormwater facilities shall be constructed prior to final plat approval. The revised Preliminary Plat plan shall reflect this requirement 7. Adequate fire protection infrastructure, of a type and location approved by the Fire District, shall be included in the civil construction plans. All travel ways shall provide for emergency vehicle access to the satisfaction of the Fire District. No buildings may be constructed until adequate fire flow and emergency access is provided. 8. SEPA mitigation measures, as identified in the project SEPA checklist and SEPA Mitigated Determination of Non-Significance shall be reflected in the project design and civil construction plans, and made conditions of this approval. 94

16 9. The Preliminary Plat shall expire after a period of 7 years from the date of approval by the City Council. Submittal of a Final Plat application must commence within this time period. A note to this effect shall be placed on the revised Preliminary Plat plan. 10. The plat survey shall be tied to the City of Ferndale Survey Monument Network established in June, If no suitable monuments exist from the aforementioned network then coordinates from the City of Ferndale Existing Monument Location Survey shall be utilized. If no Monumentation from either of the aforementioned surveys can be reasonably utilized, the surveyor may use the best available information as approved by the city. The applicant s engineer/surveyor shall contact the city s GIS/Mapping Specialist to determine which monuments shall be utilized based on the location of the project (the city-approved monumentation information shall be noted on the revised preliminary plat, and if necessary, the preliminary plat shall be revised to reflect the ties to the appropriate monument network). 11. Open space areas, buffers, or other tracts of land not suitable as building lots, together with any associated facilities or equipment shall be privately owned and maintained by the Homeowner's Association. A note to this effect shall be shown on the face of the revised Preliminary Plat. 12. Traffic impact fees will be partially or fully mitigated through a land dedication to the City. The size of the dedication is based on a conceptual drawing, should the land dedication be substainlly different from what is currently shown, the preliminary plat could require another review. Prior to final plat approval, a third party, professional appraiser shall determine the fair market value of the property to be dedicated for future road purposes. The City shall provide a credit against future traffic impact fees in this amount and shall 95

17 compensate the property owner (if the dedication is more than the TIF credit). 13. Water and sewer connection fees shall be paid at the time of Building Permit issuance for each lot. A note to this effect shall be shown on the face of the revised Preliminary Plat. 14. Park impacts have been fully mitigated through a six foot wide park trail dedication; no park impact fees are due at time of Final Plat recording or at time of building permit issuance. A note to this effect shall be shown on the face of the revised Preliminary Plat. 15. School impact fees shall be paid in accordance with the requirements of the Ferndale School District in place at the time of building permit application. A note to this effect shall be shown on the face of the revised Preliminary Plat. 16. Storm sewer mitigation fees shall be paid prior to recording of the Final Plat. A note to this effect shall be shown on the face of the revised Preliminary Plat. 17. A 5-foot utility easement shall be provided around the perimeter of each lot per City subdivision standards. This requirement shall be reflected on the revised Preliminary Plat. 18. A detailed landscape plan that meets the requirements of the City of Ferndale landscaping standards and reflecting the conditions contained in this preliminary plat shall be submitted for review and approval by the City of Ferndale Planning Department prior to recording of the Final Plat. All landscaping shall be installed and bonded for prior to recording of the Final Plat. A note to this effect shall be shown on the face of the revised Preliminary Plat. The City will require the trail to include landscaping along the southern and eastern sides to serve as a visual buffer between this 96

18 development and properties to the east/south. This separation may be accomplished through a wall or vertical landscaping, and does not require a minimum landscaping width. Also, the City will require landscaping along the front of the houses fronting Thornton in order to provide an attractive front, and at the same time clearly limiting the ability of the front yard to act as a play ground (thus enhancing life-safety). 19. All open space areas, detention ponds, or other common areas shall be labeled and recorded as separate tracts or lots within the plat. The revised Preliminary Plat plan shall reflect this requirement. 20. All recommendations of the Critical Areas Report and Wetland Mitigation Bank Use Plan prepared by Miller Environmental Services,LLC on February 17, 2014 shall be made conditions of approval of the Preliminary Plat. 21. Street names and addressing shall be approved by the City of Ferndale prior to final plat approval. 22. Access provisions and appropriate easements in favor of property owners within the plat shall be provided to the open space tracts within the plat. The revised Preliminary Plat plan shall reflect this requirement. 23. The City requests that all recorded plats show the gross and achieved densities on the face of the plat. The revised Preliminary Plat plan shall reflect this requirement. 24. State and Federal approvals, as applicable, shall be evidenced by appropriate permits or other qualifying documentation prior to issuance of any City permit for construction. Responsibility for compliance with other agency requirements shall be solely the applicant s. 97

19 25. The Final Plat, when submitted, shall be consistent with the approved Preliminary Plat, reflect any and all conditions of approval, and be consistent with the requirements of Chapter and Title 17 of the Ferndale Municipal Code, together with City Development Standards. 26 A barrier shall be in place to protect the sidewalk and prevent street parking for this development. The barrier will be reviewed as part of the Civil Plan Review. cc: John Friberg Ferndale Village Homes 6425 West 20th Avenue Ferndale, WA J.P. Slagle, P.E. Freeland and Associates 220 West Champion Street, Ste 200 Bellingham, WA William and Shari Akers 6127 Shelby Court Ferndale, WA Vic and Delaine Pankratz 6101 Malloy Avenue Ferndale, WA Janice Marlega, Director Public Works Department City of Ferndale 98

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