CITY OF SAMMAMISH HEARING EXAMINER ) ) ) DECISION INTRODUCTION

Transcription

1 CITY OF SAMMAMISH HEARING EXAMINER In the Matter of the Application Of Joseph Deisher for Approval Of the Deisher Preliminary Plat ) ) ) N0. SUB FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION DECISION The Deisher preliminary plat is approved, subject to conditions. INTRODUCTION The application of Joseph Deisher for approval of the Deisher preliminary plat came on for hearing before Gordon F. Crandall, Hearing Examiner, on July 12, 2004 at 7:00 PM. The hearing was held at Fire Station 83, 3425 Issaquah-Pine Lake Road SE. Evan Maxim, Associate Planner, presented the City s staff report. represented Applicant. Glen Amster, attorney, Testifying under oath were: Evan Maxim John Nelson, PE Cathy Engstrom Lisa Cole Steve Hartwig Associate Planner, City of Sammamish Project Engineer thAvenue SE, friend of Lois Brauer SE 3 Street City Engineer The following exhibits were offered and admitted: Exhibit 1. Exhibit 2. Exhibit 3. Exhibit 4. Exhibit 5. Exhibit 6. Exhibit 7. Staff report and recommendation to Hearing Examiner, with attachments Affidavit of Mailing Notice of Hearing and Staff Report, June 25, 2004 Affidavit of Mailing, Notice of Public Hearing, June 25, 2004 Deisher Preliminary Plat Settlement Agreement, June 2, 2004 Public Comment Letters City s entire?le Street Frontage Plan From the foregoing, the Examiner makes the following: Deisher Preliminary Plat l

2 FINDINGS OF FACT 1. Joseph Deisher (Applicant) proposes to subdivide a 4.85 tract of land at th Avenue SE into 18 single-family residential lots. The site is rectangular in shape with 332 feet of frontage on 214mAvenue SE. The site is rolling and heavily forested. A copy of the site plan is attached as Attachment A. 2. The site is designated for Urban Residential uses in the Comprehensive Plan and is zoned R-6. Two single familyresidences are located on large tracts to the north of the site, and the 21-lot Asbury Place subdivision lies north of those residences. Singlefamily homes lie to the east. To the south is the Bellasera single familydevelopment. The land to the west across 214thAvenue SE is zoned R-4. All other abutting properties are zoned R A SEPA determination of nonsigni?cance (DNS) was issued for the proposal on May 18, Voluntary mitigation was proposed by Applicant and accepted by the City, which includes retention and replacement of trees, on-site?ltration systems and soil amendments for all lawns and landscaping areas within the plat. 4. Public comment on the proposal was received from Fred Mattison (substandard sight lines for vehicles exiting the site), Brian and Deborah Medley, Perry and Kathy Hergert, Pat and Lori Brown, David and Carmen Halstrom and Lois Brauer (small lots, size and character of homes, privacy, fencing and trees), and Lisa Cole (traffic on 214thAvenue SE). On June 2, 2004 Applicant entered into a settlement agreement with the Hergerts, Medleys and Jay and Julia Caldwell to satisfy their concerns. Deisher agreed to: Install a six-foot fence on the east property line; Extend a sanitary sewer to the east boundary Place a l0-foot landscape buffer along the east property line of lots 9 and 10; Remove up to 9 cedar trees on the Medley lot and plant fast growing evergreen trees on their lot; Place the garage on lot 8 on the west side of that lot. Cathy Engstrom asked that a similar fence be placed along the north property line, to provide additional privacy to the Brauer residence. 5. Applicant will provide half streetimprovement of 214thAvenue SE and a sidewalk. Exclusive exit and entry lanes will make turning movements safer at the entrance to the subdivision, as the sight distance to the north is only 250 feet. See Exhibit 7. The standard sight distance for an entering street is 295 feet. A certificate of transportation concurrency was issued for the project. 6. The site will have sewer and water service from the Sammamish Plateau Water and Sewer District. Other utilities will also be available. 7. Any conclusion of law deemed to be a finding of fact is adopted as such. Deisher Preliminary Plat 2

3 CONCLUSIONS OF LAW l. A preliminary plat is a type 3 land use decision made by the Hearing Examiner. SMC The Hearing Examiner is authorized to conduct a hearing and make a decision on an application for approval of a preliminary plat. 2. RCW 58.l7.llOidentif1es the factors to be considered in evaluating an application for approval of a preliminary plat: The proposed subdivision and dedication shall not be approved unless the city, town legislative body makes written?ndings that: or a. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and all other relevant factors, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and b. The public use and interest will be served by platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication makes such appropriate provisions and that the public interest will be served then the legislative body shall approve the proposed subdivision and dedication. In addition, SMC Ch establishes general principles of acceptability for proposed subdivisions. 3. According to the staff report, the Deisher application meets all of the criteria for approval of a preliminary plat. The plat shall be conditioned to assure compliance with the City s requirements as well as the voluntary mitigation under SEPA and the conditions in the settlement agreement. Applicant should not be required to provide a fence along the north property line. The next lot is very wide and the house on the lot is located well away from the property line. The situation there is not comparable to what is found to the east of the site. All public school children will be bussed to school. The bus stop is at 214mAvenue SE and SE 5thPlace, just south of the subject site. Children will have a safe walking route to the bus stop, as a sidewalk will be constructed along the frontage of the site. 4. Staff recommends approval of the Deisher preliminary plat, subject to conditions. The Examiner concurs. The application should be approved. 5. Any?nding of fact deemed to be a conclusion of law is adopted as such. Deisher Preliminary Plat 3

4 DECISION The application of Joseph Deisher for approval of the Deisher preliminary plat is APPROVED, subject to the conditions in Attachment B. DONE this 26th day of July, 2004 %m a,7<fwzw-»«~ w«6 f.. Gordon F. Crandall Hearing Examiner RECONSIDERATION This decision may be reconsidered by the Hearing Examiner if the action was based in whole or in part on erroneous facts or information, the action when taken failed to comply with existing laws or regulations applicable thereto, or an error or procedure occurred which prevented consideration of the interests of persons directly affected by the action. A motion for reconsideration must be?led with the Hearing Examiner within twenty one days of the issuance of this decision. NOTICE OF RIGHT OF APPEAL This is a type 3 land use decision pursuant to SMC , a preliminary plat decision made by the Hearing Examiner following an open record hearing. Any person with standing to do so may appeal the decision of the Hearing Examiner by?ling a Land Use Petition in the King County Superior Court. Such a petition will be timely if filed with the Court Clerk and served on all parties within twenty one days of the issuance of this decision. See: RCW Ch C Deisher Preliminary Flat 4

5 \\\ V. $3 19' ~- -5! r PRELIMIAMRYHATKMP _., DEISHER ATTACHMENT A PROPERTY WWW Deisher Preliminary Plat

6 The Applicant shall comply with the following conditionls: General Conditions: 1. The Applicant shall comply with all county, state, and federal rules and regulations in effect on July 2",2003, the vesting date of the subject application; Per SMC , preliminary plat approval shall be null and void if any condition is not satisfied and the final plat is not recorded within the approval period of sixty (60) months; provided Applicant may file for an extension as permitted by code; All construction and site development activities related to the plat are prohibited until the preliminary decision becomes effective, and all applicable permits are received; Approval of a preliminary plat does not imply or guarantee approval of any building permit/s, engineering plans, and/or clearing and grading permits, but not limited thereto. All permit requests will be reviewed for compliance with applicable codes, ordinances, laws, rules, and regulations; The land use development standards, as set forth in SMC Chapter 21A, Development Code, shall be included on building permit application site plans, as lot widths and setbacks are vested at the time of preliminary plat application; The plat configuration shall be developed in substantial conformance with the site plan received by the City on April 8, 2004, subject to applicable conditions of approval specified by the Hearings Examiner; A homeowner s association or other workable organization shall be legally established to provide for the ownership and continued maintenance of required recreational space, and open space tracts, etc.; Street trees shall be provided per City of Sammamish PWS.15 requirements; For the purpose of insuring compliance with all conditions of approval and the standard requirements of the SMC, the Applicant shall provide financial guarantees in conformance with SMC Chapter 27A, and PWS Chapter (K). All improvements required pursuant to the PW standards, SMC, or other applicable regulations, must be installed and approved, or bonded as specified for plats in SMC 19.60, Subdividing Procedure; Prior to Construction: Deisher Preliminary Flat 6

7 10. All construction and upgrading of public and private roads shall be done in accordance with the City of Sammamish interim Public Works Standards (PWS). Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat; 11. Public Works and Community Development approval of the applicant s final engineering (issued in the form of a clearing and grading permit) is required prior to initiation of any onsite construction; 12. Per the SEPA Determination of Non Significance on May 18,2004 and the voluntary mitigation items identified therein, the applicant shall: a) There are 447 significant trees on this site per the applicant s tree inventory. At the applicant's option and expense, the plat shall retain or replant twenty percent (90 trees) on the subject site. Replacement trees shall be native to Western Washington State and shall replace existing trees on a 1:1 basis. Replacement conifers shall be a minimum of six (6) feet in height; replacement deciduous trees shall have a minimum caliper of one and a half (1.5) inches. A landscape plan shall be submitted to the City of Sammamish for review and approval prior to construction. Replacement trees, if any, shall be planted prior to final plat approval unless otherwise approved by the City. b) All building sites shall have on-site infiltration where feasible, unless otherwise approved by the City during final engineering. Perforated tightlines shall be used to connect downspouts to drainage facilities. Landscaping is required for the stormwater retention / detention facilities. Landscaping specifics (e.g. plant quantity, plant type, location) shall be reviewed and approved during final engineering. At a minimum, landscaping shall include a mix of trees, shrubs, and herbs consistent with the type 3 landscaping requirements identified in SMC 21A c) Soil amendments shall be added to all lawn and landscaping areas within the plat. At a minimum, all lawn areas and landscaped areas shall be amended with 4 inches of well rottedcompost. The compost shall be tilled into the native soil to a depth of 6 to 8 inches. Compost shall comply with either the guidelines for compost quality on page 6-44 in the King County Surface Water Design Manual (KCSWDM), September 1998, or the Washington State Department of Ecology guidelines for Grade A compost quality (Publication 94-38). in those areas, if any, where tilting in not feasible, a 6-inch layer of hog fuel or shredded wood shall be applied on top of the ground surface. Where slopes are steep (2:1 or greater), biodegradable erosion control blankets shall be used to secure the mulch layer. Where slopes are 2:1 or greater, and erosion control concerns are minimal, the mulch layer must, at a minimum, be secured with jute matting with Ainch mesh. (Note that beauty bark is not permitted as a substitute for shredded wood.) Soil amendments shall be added prior to final plat approval unless otherwise approved by the City during the final engineering review. Deisher Preliminary Plat 7

8 13. Per SMC 21A (6)(a.), rockeries, retaining walls, or similar structures may project into or be located in any setback provide these structures exceed a height of not more than six (6) feet in height; 14. Current City of Sammamish Standard Plan Notes and Erosion and Sediment Control (ESC) Notes shall be shown on the Engineering Plans submitted for approval; Prioriitito recording: 15. If the plat is subject to a dedication, the certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat; 16. Half street frontage improvements per PWS.15.11O and consistent with Interim Public Works Standard (PWS) Figure for a Local Road are required along 214th Ave NE; 17. Half street overlay is required for frontage improvements along 214th Ave NE; 18. Road A shall be improved as a public local road meeting Interim Public Works Standard (PWS) and as shown on Figure for a Local Road; 19. Tract B shall be improved as a joint use driveway consistent with PWS.15.17O if tract serves two lots or improved as a private street meeting all requirements of PWS.15.09O if serving up to a maximum of 4 lots. If improved as a private street is will include, but not limited to, construction of a 20 foot minimum paved surface, vertical curb, and a five-foot wide sidewalk along one side. (This will require Tract B to increase in a width of 26 foot minimum); 20. All new street construction for the plat shall include illumination per Article 5 of the City of Sammamish Interim Public Works Standards; 21. The applicant shall obtain the approval of the Fire Marshall certifying adequacy of the fire hydrant(s), water main(s), and fire flow to meet current codes prior to final plat approval; 22. All new utility installation serving the subdivision within plat or along 214th Ave SE shall be underground; 23. All utilities within proposed rights of way must be included within a franchise agreement approved by the City Council prior to Final Plat recording; 24. Suitable recreation space shall be provided consistent with the requirements of SMC 21A An overall conceptual recreation space plan shall be submitted for review and approval by the City of Deisher Preliminary Flat 8

9 Sammamish Department of Community Development. The proposal shall include location, area, calculations, dimensions, and a description of general improvements: 25. Drainage plans, Technical information Reports, and analysis shall comply with the 1998 King County Surface Water Design Manual and the City of Sammamish Stormwater Management Comprehensive Plan; 26. Any required Surface Water Management Facilities for this subdivision shall be contained within a separate tract of land and shall be dedicated to the City of Sammamish for maintenance and operation. The size of the proposed drainage tracts may have to increase to accommodate the required detention storage volumes and water quality facilities; 27. Stormwater facilities shall be designed using the KCRTS Level 3 flow control standard as required by the City of Sammamish Stormwater Management Comprehensive Plan as well as the applicant s drainage analysis identified capacity restrictions on a downstream culvert; 28. Recreational improvements shall be installed or a performance bond for recreational space improvements shall be posted prior to recording of the final plat; 29. The subdivision shall be landscaped pursuant to SMC 21A.35, and PWS.15 Article Vll requirements. Landscape plans shall be submitted prior to or concurrent with the submittal of construction plans; for review and approval prior to final plat approval; Conditions to appear on the face of the final plat: 30. No lot or portion of a lot shall be subdivided and sold, or resold, or its ownership changed or transferred in violation of applicable city, county, state, or federal standards, rules, regulations or laws ; 31. The Applicant shall comply with RCW , providing the appropriate addressing note with address ranges being on the final plat. ; 32. Access Tract B shall be constructed as a private access tract for the exclusive bene?t of Lot 7 and Lot 8. Tract B shall be exclusively owned and maintained by the owners of Lot 7 and Lot 8, with this % undivided ownership interest passing with future ownership of the lot to assure the maintenance and upkeep of the Tract. ; 33. Maintenance and upkeep of the recreation space contained within Tract A shall be the responsibility of the Home Owners Association ; 34. All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected Deisher Preliminary Plat 9

10 to the permanent storm drain outlet as shown on the approved Construction Drawing on file with the City of Sammamish. This plan shall be submitted with the application for any building permit. All connections of the drains shall be constructed and approved prior to?nal building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be designed and constructed as part of the building permit process and shall comply with the approved Construction Drawings on?le with the City of Sammamish ; 35. All MP8 fees required by City of Sammamish pursuant to SMC Title 14 have been paid. Or, If the applicant elects to forgo Impact Fee payment at the time of plat approval: final The Road Impact Fee shall be due at the time of building permit application and shall be the fee in effect at the time of building permit application. ; 36. Per City of Sammamish Ordinance No , a surface water system development charge shall be paid at the time of building permit issuance, for each new residential dwelling unit. 37. Per Chapter PWS. 20, the Surface Water Management Facility to be constructed within Tract A this subdivision shall be dedicated to the City of Sammamish for maintenance and operation. ; 38. There shall be no direct vehicle access to or from 214th Ave NE from any lot in the subdivision, except for the stormwater retention /detention facility tract ; 39. Maintenance of landscape strips separating the sidewalk from the roadway, planter islands, and/or planted medians shall be the responsibility of the Homeowners Association. If the maintenance responsibilities are not addressed in the Homeowners Association covenants and restrictions, then the abutting property owner shall be responsible for the maintenance. Under no circumstances shall the City bear any maintenance responsibilities for landscaping strips, planter islands, or planted medians ; and, 40. The garage on Lot 8 shall be placed on the westerly side of the lot. Attachment B Deisher Preliminary Plat 10