Preliminary Fee Simple Unit Lot Subdivision For 55 th Avenue W Townhomes (PFS )

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1 City of Mountlake Terrace th Street SW, Suite 200 Mountlake Terrace, WA Preliminary Fee Simple Unit Lot Subdivision For 55 th Avenue W Townhomes (PFS ) FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION May 5, 2016

2 Staff Report and Recommendation Page 2 of 23 CASE: Permit # PFS APPLICANT: Carl Colson, Avenue W, Bothell, WA REQUEST: SITE ADDRESS: Fee simple unit lot subdivision consisting of 12 townhomes & th Avenue W Mountlake Terrace, WA APPLICATION DATES: Application Submitted: July 1, 2015 Date of Complete Application: July 10, 2015 Posted for 14-day Notice of Application: July 17, 2015 COMPREHENSIVE PLAN: ZONING: Town Center (TC) Community Business Downtown (BC/D) APPLICABLE REVIEW - MTMC Fee Simple Unit Lot Subdivisions PROVISIONS: - MTMC Standards and Design Criteria - MTMC Procedures for Proposing Land Use Policy and Approving Land Use Development Projects o MTMC Decisions on development applications o MTMC Land use project procedures time line - MTMC Comprehensive Plan - MTMC Title 19 Zoning Code o MTMC BC Downtown - Downtown Community Business District (as applicable prior to ) o MTMC Off-street parking and loading o o MTMC Electric vehicle infrastructure MTMC Landscape development and site buffering ENVIRONMENTAL DETERMINATION: ASSIGNED STAFF: Certificate of Consistency with the Planned Action Ordinance is issued as a finding in this report Steve Osguthorpe, Community and Economic Development Director Nick Holland, Associate Planner RECOMMENDATION: Approve with conditions 1 Ordinance No. 2668, adopted June 2015, eliminated solely residential townhomes as a permitted use in the BC/D zoning district. This application was submitted prior to July 15, 2015, which was the effective date of that ordinance.

3 Staff Report and Recommendation Page 3 of 23 I. INTRODUCTION/BACKGROUND INFORMATION On July 1, 2015, application was submitted for a fee-simple unit lot subdivision to construct a townhome development consisting of 12 residential units on property located at and th Avenue W. The property is approximately 20,908 square feet, and is located on the BC/D zone of the City. This project was submitted prior to adoption of Ordinance No. 2668, which eliminated solely residential townhomes as a permitted use in the BC/D zoning district. II. APPLICATION PROCESSING DATES The application was processed as follows: On July 1, 2015, the Fee Simple Unit Lot Subdivision Application was submitted. On July 10, 2015, the City issued a notice of complete application and requested additional information from the applicant pursuant to MTMC On July 17, 2015, the City posted the required Notice of Development Application pursuant to MTMC No public comment was received regarding the application. On September 14, 2015, the applicant responded to the City s request with explanations and additional information via . On September 28, 2015, the responded to the applicant s submittal with a request for additional information citing inconsistencies with the municipal code provisions governing this project. On November 23, 2015, the applicant responded to the City s request with explanations and additional information. On January 12, 2016, the City requested additional information citing inconsistencies with municipal code provisions, and subsequently revised that request on January 22, 2016 to reflect new information. On February 29, 2016, the applicant responded to the City s request with explanations and additional information. On March 11, 2016, the City requested additional information citing inconsistencies with municipal code provisions. On March 14, 2016, the applicant responded to the City s request with explanations and additional information. On March 31, 2016, the applicant waived its 120 day right to timely application processing, giving the City the needed time to complete consistency reviews, and notice the required public hearings. On May 4, 2016, the City noticed the required public hearing pursuant to MTMC III. PROJECT DESCRIPTION 1. Parcels/Tracts: This proposal is to construct a 12 unit townhome project on two parcels with a driveway access easement serving each unit. As this is a fee simple unit lot

4 Staff Report and Recommendation Page 4 of 23 proposal, collective lots in the property included in the preliminary fee simple unit lot subdivision will function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking. 2. Proposed Buildings: This project is located in District E of the Town Center, and will consist of Type 7 buildings as defined in MTMC which consist of 2 or 3 story townhomes. 3. Access: The site is accessed directly off 55 th Avenue West, with internal access provided by a 24-foot wide access easement in the center of the site. The access easement will be developed with a paved driveway that will provide vehicular access to each individual unit. 4. Frontage & Street Improvements: The project will require construction of half street improvements along 55 th Avenue W, and public improvements consistent with the Town Center Design Standards. The project will include a 15 foot wide pedestrian activity area with minimum amount of amenities included and required in the Town Center Design Standards, including special interest landscaping in the form of plantings along the building facades and within the pedestrian activity area. The pedestrian activity area will also have benches, colored concrete within the sidewalk area, and pedestrian scale lighting. This area is to run the length of the parcel s frontage. 5. Building Design: This project is located in District E of the Town Center, and will consist of type 7 buildings, which consist of 2 or 3 story townhomes. Design elements for the townhomes provide inviting pedestrian entrances, as well as a contemporary architectural style. Weather protection exists for entrances off of 56 th Avenue W, and the buildings themselves will be architecturally similar in design. 6. Parking: On-site parking is proposed based on the ratio listed in MTMC (H), where 0.75 space for each studio or open bedroom studio unit; 1.25 spaces for each unit of one to two bedrooms; 1.5 spaces for each unit of three bedrooms; one space per two bedrooms beyond three bedrooms in any unit. Each unit has 4 bedrooms, requiring a total of 18 on-site parking spaces. The applicant proposes to provide for 2 garage spaces per unit, totaling 24 spaces. There will also be 3 on-street spaces along the frontage of the site. This project is required to provide electric vehicle infrastructure, which will be evaluated with the building permits for each unit. 7. Outdoor Pedestrian Amenities: The project includes a 15 foot wide pedestrian activity area with the minimum amount of amenities required in the Town Center Design Standards, including special interest landscaping in the form of plantings along the building facades and within the pedestrian activity area. The pedestrian activity area will also have benches, colored concrete within the sidewalk area, and pedestrian scale lighting. This area is to run the length of the parcel s frontage.

5 Staff Report and Recommendation Page 5 of Landscaping: Landscaping concepts have been submitted as a part of this application, and show several landscaped areas, all of which meet the intent of the landscaping code. The applicant will be required to get a separate landscape permit to install required landscaping. 9. Stormwater & Drainage Plan: The project will utilize onsite drainage and retention facilities for each individual building. The system is designed to limit downstream impacts, and complies with the provisions of the most recent Department of Ecology Stormwater Manual. 10. Wet and Dry Utilities: All habitable buildings and buildable lots in the townhome fee simple subdivision shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the City s comprehensive water system plan. All habitable buildings and buildable lots in the townhome fee simple subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the City s comprehensive sewer plan. Cable, gas, power, and other typical utilities are available to the site via existing services. Alterations to those services, and specific connections to this project will be evaluated during the permitting process. 11. Illumination Plan: Pedestrian scale street lighting is proposed between tree grate areas, as well as the appropriate street lights that will illuminate the travel lanes on 55 th Avenue W. All lighting will be shielded from the sky and adjacent properties. Lighting is proposed on the bottom side of awnings spanning the first floor façade. Wiring for holiday lighting is proposed at each street tree grate area along 55 th Avenue W. Lighting plans, locations, and fixture types will be a condition of approval, and evaluated as a part of civil site permit review. These fixture types are included as an exhibit to this report. 12. Covenants, Conditions, and Restrictions (CC&Rs): CC&Rs have been drafted and preliminarily approved by way of the City s Attorney. These CC&Rs have been drafted to address maintenance of common areas for the development project. Common areas of a multi-family site often include areas of the buildings, or site infrastructure that are shared in ownership by all who own units within a complex. The CC&Rs are the guiding rules by which maintenance of common areas are specified. Specifically, MTMC (T), requires that such a document be drafted and applied to fee simple development projects as a requirement of complete application. Also, MTMC (B)(2) and (6), provide guidance for maintenance of common areas, as the project site will exist as collective lots which function as one site with regard to lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking. The draft CC&Rs have been included as an exhibit to the report, and a condition of approval specifies that the CC&Rs will be submitted for staff review with the final plat, and be recorded prior to the final plat being recorded.

6 Staff Report and Recommendation Page 6 of 23 IV. SITE DESCRIPTION and CHARACTERISTICS Site location & access The subject site is located off of 55 th Avenue W and 234 th Street SW, a public road. Existing site conditions The site is currently occupied by two single family residences, and consists of 2 parcels. There are no street improvements at the frontage of the site and along 55 th Avenue W, and only a paved two-way travel lane exists. V. SURROUNDING LAND USES The site is comprehensively planned and zoned Town Center (TC) and Community Business Downtown (BC/D), respectively. The areas surrounding the subject lots have the same comprehensive plan and zoning designations to the north, and south, although properties to the west represent different sub-districts of the BC/D. RS7200 properties are located to the east, and are developed with single-family residential homes. VI. DEVELOPMENT APPLICATION REVIEW REQUIREMENTS The criteria for decisions on development applications are specified in MTMC Section Those criteria, along with staff s findings and conclusions for each criterion, are as follows: 1. The development is consistent or is not consistent with Comprehensive Plan goals and policies. Findings: The Comprehensive Plan Land Use Map designates the Site of the development as Community Business - Downtown (BC/D), with associated goals and policies to: Provide for a pattern of land uses that will complement the community s physical characteristics, encourage pedestrian activity, revitalize the Town Center and give people opportunities to interact with each other in positive ways. (Policy LU-1.1); Take reasonable measure to provide land uses that will meet the city s population target for 2012 and for subsequent planning periods. (Policy LU-2.2); Encourage innovative land use patterns and site development, such as Planned Unit Developments and Mixed Uses, where appropriate. (Policy LU-2-3); Implement and, as needed, update subarea plans and planned actions in special study areas, including, but not limited to... Town Center Subarea. (Policy LU.2.4); Encourage high-quality infill and redevelopment projects to revitalize the community. (LU-5.1); Use design guidelines and standards to ensure that development is at an appropriate scale for the neighborhood, has landscaping, and that the façade shows variations in materials and in architectural features. (LU-5.3); Encourage development to be pedestrian and bicycle friendly and convenient for transit. (LU-5.6); Ensure that new development will be able to sustain an urban level of service, consistent with the capital facilities plan. (LU-6.3).

7 Staff Report and Recommendation Page 7 of 23 The Comprehensive Plan includes other goals and policies applicable city-wide that are pertinent to the proposed development (too numerous to cite herein) contained within the Housing Element, with policies pertaining to accommodation of projected population, facilitating housing opportunities near transit stations, encouraging a variety of housing sizes to meet the diverse needs of individuals and families, encouraging parks, sidewalk, trails, lighting and other amenities that help make neighborhoods pleasant and safe; contained within the Capital Facilities Element, with policies pertaining to providing services and facilities at a level that will accommodate the City s future population and job growth, ensuring that development projects will not cause public services to fall below the following minimum standards for sewer capacity (90 galls per capita per day) and potable water system capacity (125 gallons per capita per day); requiring all properties to be served by sanitary sewer at the earliest feasible opportunity, acquiring and retaining open space, parks, and recreation facilities to enhance the City s livability, encouraging infill development that will promote the efficient use of existing public facilities, managing land uses so that public facilities and services can be provided in a fiscally responsive manner. Conclusion: The project provides needed housing to achieve the City s population target. The project has been reviewed for conformance to all adopted zoning, design and environmental standards in place at the time of application submittal, which will largely ensure consistency with all other related policies related to the BC/D land use designation, with the exception of policies pertaining to solely residential townhomes that were enacted after the application was submitted. The project is nonetheless consistent with policies related to housing need for the City generally. Finally, the project is consistent with Capital Facilities policies related to the City s ability to serve the development. Please see below for the specific analysis on particular goals and policies in relevant chapters of the City s 2015 Comprehensive Plan: o Goal HO-3: This project contributes to the City s goal to provide affordable housing options for a range of income levels. Policy HO-3.1 seeks to achieve a job/housing balance that provides sufficient housing opportunities for people that work in the community to live in the community. o Goal UT-3: This project coordinates utility services with a development project. Policy UT-3.2 requires coordination of utility construction with other public facility improvements such as the required street improvements for this project. By extending services to the development, we are accomplishing this goal. o Goal LU-2: This project facilitates efficient land use by way of re-development. Policy LU-2.2 encourages the City to take reasonable measures to provide land uses that will meet the City s population target for 2035, and for subsequent planning periods. The re-development of this parcel facilitates this goal by providing housing units within the City. Additionally, staff finds the following Comprehensive Plan policies as applicable to the project, and concludes that the proposal supports the following elements: HO-4.1: Encourage new development to enhance and/or be compatible with its

8 Staff Report and Recommendation Page 8 of 23 surrounding neighborhood. HO-2.1: Encourage a variety of housing styles, such as single-family detached, single-family attached, multi-family, accessory units, and manufactured housing. 2. The development meets or does not meet the requirements and intent of the applicable City ordinances. Findings: Compliance with City zoning provisions, specifically dimensional and area requirements has been confirmed through technical review of the application. Technical review sessions involving all relevant City departments, including Engineering, and Fire have been conducted to comment on this application. The applicant has revised the design to comply with all aspects of the City s municipal code, and relevant Town Center Design Standards. An analysis and specific findings of related zoning code provisions applicable to the application are listed below. Compliance with the City s building codes will be evaluated as the housing units are constructed. Health Department requirements do not directly apply to this proposal. Details have not been provided on final landscaping, but these are typically provided in a separate landscape permit application. Conclusion: Sufficient details have been provided to confirm that the proposed Site layout and Site improvements meet or can be conditioned to meet all applicable development standards. 3. The development makes or does not make adequate provisions for open space, drainage ways, streets and other public ways, transit stops, water supply, sanitary wastes, parks and recreation facilities, playgrounds, sites for schools and school grounds as applicable. Findings: The Site includes provisions for vehicular, pedestrian and emergency access, and includes all necessary easements for utilities. The Site is subject to park impact fees, and all other impacts have been addressed in the Planned Action Ordinance for the BC/D district. Finally, notice of this application was sent to the Edmonds School District and to utility providers. No comments have been received from these entities. Conclusion: The proposed development makes adequate provisions for open space, drainage ways, streets and other public ways, transit stops, water supply and sanitary wastes. All other impacts have been accounted for under the Planned Action Ordinance for the Freeway/Tourist district, and will also be accounted for under provisions of impact fees or impact fee credits. 4. The development adequately mitigates or does not adequately mitigate impacts identified under the Critical Areas Ordinance and SEPA determination. Findings: After a review of the proposed scope and layout of the proposed development, a Certificate of Consistency with the Planned Action Ordinance is issued as a finding in this report.

9 Staff Report and Recommendation Page 9 of 23 Conclusion: The project is consistent with the Planned Action ordinance; no further environmental analysis is required. 5. The development is or is not beneficial to the public health, safety and welfare and is in the public interest. Findings: The development is consistent with all comprehensive plan goals and policies and compiles with, or can be conditioned to comply with, all standards adopted to protect the public health, safety and welfare. Conclusion: This criterion will be met under conformance to the conditions defined below. 6. The development does or does not lower the level of service of transportation and/or neighborhood park facilities below the minimum standards established within the Comprehensive Plan. If the development results in a level of service lower than those set forth in the Comprehensive Plan, the development may be approved if improvements or strategies to raise the level of service to meet or exceed the minimum standard are made concurrent with the development. For the purpose of this section, concurrent with the development is defined as the required improvements or strategies are in place at the time of occupancy, or a financial commitment is in place to complete the improvements or strategies within six years of approval of the development. Findings: During the environmental review of this proposal, no information was submitted to indicate that the development cannot be adequately served by existing infrastructure and services, or by planned infrastructure or services that will be completed with this project, or that the project would result in a reduction in level of service for transportation. Moreover, an updated review of sewer and water capacity reveals that the City has adequate capacity to serve the proposed development. The City is part owner in the Edmond Wastewater Treatment plant and buys water from Alderwood Water District. Both of those providers have more than enough capacity. The City pays for what it uses and is currently using much less than those capacity specifications. Accordingly, sanitary sewer and water is available for the proposed development. 7. The area, location and features of any land proposed for dedication are a direct result of the development proposal, are reasonably needed to mitigate the effects of the development, and are proportional to the impacts created by the development. Findings: There is not a requirement for right-of-way dedication for this project, however, a 1.5 foot easement to the west of the right of way will need to be recorded on the final subdivision for this project. The easement is for pedestrian amenities as they relate to the town center design standards.

10 Staff Report and Recommendation Page 10 of 23 Conclusion: This criterion has been met with the conditions stated herein. 8. The development satisfactorily addresses or does not satisfactorily address criteria for review and consideration set forth in subsection B of [Section ] as applicable. Findings: findings. Subsection B of Section requires consideration of all above Conclusion: The findings of Section have been addressed herein with the findings that the criteria of said section have been met or can be met as conditioned below. VII. PRELIMINARY PLAT SUBDIVISION REQUIREMENTS Fee simple unit lot subdivisions containing more than 9 lots are subject to the preliminary platting requirements of MTMC (E), which requires that the property be surveyed and staked at its corners, and specifies the format of the preliminary plat map. In addition, fee simple unit lot subdivisions containing more than 9 lots are subject to the review criteria of preliminary plats as specified in MTMC (A). Those criteria, along with staff s findings and conclusions for each criterion, are as follows: 1. The development complies with all applicable statutory provisions, including but not limited to RCW Findings: RCW states that No plat or short plat may be approved unless the city, town, or county makes a formal written finding of fact that the proposed subdivision or proposed short subdivision is in conformity with any applicable zoning ordinance or other land use controls which may exist. The City s review criteria as adopted in Title 17, Subdivision Regulations, address all applicable review criteria for preliminary plats and fee simple unit lot subdivisions. Conclusion: This criterion will be met through affirmative findings on all other criteria addressed herein. 2. The development complies with the City s Zoning and Building Codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to the Health Department. Findings: The required findings of this section pertaining to the City s Zoning Code are encompassed in the required findings under MTMC , as addressed above. Compliance with the City s Building Codes will be determined under individual building permits for each building and/or structure developed on the Site. However, staff has found that the proposed Site plan will facilitate compliance with all building codes.

11 Staff Report and Recommendation Page 11 of 23 Inasmuch as the development will connect to City sewer, there are no issues that otherwise need coordination with the Health Department. 3. The application complies with the City s Comprehensive Plan and all related elements, including but not limited to the Comprehensive Plan s capital facilities, water, sewer and transportation elements. Findings: The required findings of this section are encompassed in the required findings under MTMC , as addressed above. 4. Adequate Public Facilities. The applicant (and City) shall demonstrate that there are adequate and available public facilities to support and service the area of the proposed preliminary fee simple unit lot subdivision... Public facilities and services to be examined for adequacy and availability will include roads and public transportation facilities, sidewalks for children who only walk to and from school, sewerage and water service, fire and emergency response service. Findings: The required findings regarding adequacy of roads and transportation facilities, sewerage and water were encompassed in the required findings under MTMC Regarding sidewalks for children who only walk to and from school, the Site will include sidewalks along its full frontage and connect to existing sidewalks on 55 th Avenue. These sidewalks are part of the City s broader sidewalk system, which provides various safe-route alternatives to schools. Regarding fire and emergency response, the City has adequate water capacity to serve the Site and, through proper engineering and infrastructure, required fire flow can be achieved. 5. Water and Sewer. All habitable buildings and buildable lots in the preliminary subdivision shall be connected to a public water system capable of providing water for health and emergency purpose, including adequate fire protection, consistent with the City s comprehensive water system plan. All habitable buildings and buildable lots in the preliminary subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the City s comprehensive sewer plan. The City shall consider the recommendation of the Public Works Director, the local Health Department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage and water supply. Findings: The required findings of this section pertaining to the adequacy of City sewer and water are encompassed in the required findings under MTMC , as

12 Staff Report and Recommendation Page 12 of 23 addressed above. The proposed buildings will be connected to and served by City sewer and water. City s Public Works Director has determined that existing sewer and water services have sufficient capacity to serve the proposed development. Regarding fire and emergency response, the City s Fire Marshall has determined that there is adequate water capacity to serve the Site and, through proper engineering and infrastructure, required fire flow can be achieved. 6. Stormwater. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding, in accordance with the City s stormwater drainage regulations. The City may require the use of control methods such as retention or detention and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed development. Findings: A preliminary storm drainage plan has been submitted and reviewed by the City s Public Works Department. The review shows that sufficient infrastructure is proposed to handle anticipated stormwater on and through the Site. Final details of the stormwater plan will be submitted and reviewed under the civil drawing review process. Conclusion: Preliminary stormwater plans provide adequate information to determine that the Site can fully comply with stormwater regulations. The Civil drawing review process will ensure full compliance with this criterion. 7. Roads. Proposed roads shall provide an available, safe, convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the Comprehensive Plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roads not dedicated to the public must be clearly shown on the face of the fee simple unit lot subdivision. Findings: The Site s circulation and road system has been reviewed for compliance with all City street and rights-of-way standards and has been found to comply with all standards. Conclusion: process. This criterion will be satisfied through the final civil drawing review 8. Extension Policies. All public improvements and required easements for streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunication lines shall be constructed and extended through the parcel in the proposed subdivision or along its frontage to promote the logical extension of public infrastructure, consistent with the requirements of RCW and all other legal requirements. Findings: The Site is served by existing sewer and water located within the public right-

13 Staff Report and Recommendation Page 13 of 23 of-way extending the full frontage of the parcel, and by proposed new easements across the site connecting to each lot within the fee simple unit lot subdivision. 9. Flooding. If the proposed preliminary subdivision is in a designated floodplain as defined in Chapter RCW, it cannot be approved without the written approval of the State Department of Ecology. Findings: The Site is not located within a designated floodplain and is therefore not subject to the review or approval of the Department of Ecology. 10. Model Homes. For purposes of allowing the early construction of model homes in a preliminary subdivision, the City Council may permit a portion of a preliminary subdivision involving no more than two lots to be created in accordance with the procedures for short subdivision in Chapter MTMC, as long as the portion derives access from an existing City, County or state highway, and provided no future road or other improvement is anticipated where the lots are proposed. The short subdivision application for the model homes shall be submitted to the City simultaneously with the preliminary plat application for the preliminary subdivision. Findings: A short plat application for the purpose of early construction of model homes has not been submitted with this preliminary plat application. Conclusion: Pursuant to MTMC , no building permits for development of a preliminary subdivision may be applied for until final plat has been granted and recorded, pursuant to Chapter In addition, fee simple unit lot subdivisions containing more than 9 lots are subject to the review criteria of preliminary plats as specified in MTMC (B). Those criteria, along with staff s findings and conclusions for each criterion, are as follows: 1. All of the requirements in subsection A of this section are satisfied. Findings: All requirements of MTMC (A) are addressed above. 2. 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 wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other

14 Staff Report and Recommendation Page 14 of 23 planning features that assure safe walking conditions for students who only walk to and from school. Findings: The required findings of this section pertaining to health, safety, open space, drainage ways, streets, roads, etc., are encompassed in the required findings under MTMC , and collectively in all other review criteria of this section as addressed above. In terms of sidewalks and planning features that assure safe walking conditions for school children, there are gaps in the existing sidewalk system for the surrounding neighborhoods. In order to facilitate pedestrian movement and safe walking conditions for neighborhood children, the project will be required to complete street improvements consistent with the Town Center Design Standards. The City Engineer has identified that safe walking routes for neighborhood children exist for the purpose of walking to area schools. 3. The public use and interest will be served by the platting of the preliminary subdivision and dedication. Findings: All issues pertaining to the public use and interest are encompassed collectively in all other review criteria of this section. 4. There are no flood, inundation or swamp conditions that preclude approval under RCW IF the property is in a designated floodplain as defined in Chapter RCW, the pat shall not be approved without the prior written approval of the Washington State Department of Ecology. Findings: The site is not subject to flood, inundation or swamp conditions. The Site is not located within a designated floodplain and is therefore not subject to the review or approval of the Department of Ecology. 5. The applicant agrees to install and dedicate all public facilities prior to the City s approval of the final plan, unless the applicant has executed a subdivision improvement agreement and has provided the necessary security for the agreement. Findings: The applicant has not proposed a subdivision improvement agreement and will therefore be required to install all improvements prior to final plat recordation. Conclusion: This criterion will be met, subject to installation of improvements prior to final plat recordation.

15 Staff Report and Recommendation Page 15 of 23 VIII. FEE SIMPLE UNIT LOT SUBDIVISION REVIEW REQUIREMENTS The criteria for approval of fee simple unit lot subdivisions are specified in MTMC Section (A) and (B). The Applicant is required to demonstrate compliance with those elements listed under subsection (A), specifically elements (1) through (7). The City is required to make findings and conclusions for the elements listed under subsection (A) and (B). Each of those subsections are addressed with staff s findings and conclusions, as follows: MTMC (A) criteria are addressed as follows: 1. The development complies with all applicable statutory provisions, including but not limited to RCW Findings: RCW states that No plat or short plat may be approved unless the city, town, or county makes a formal written finding of fact that the proposed subdivision or proposed short subdivision is in conformity with any applicable zoning ordinance or other land use controls which may exist. The City s review criteria as adopted in Title 17, Subdivision Regulations, address all applicable review criteria for preliminary plats and fee simple unit lot subdivisions. Conclusion: This criterion will be met through affirmative findings on all other criteria addressed herein. 2. The development complies with all applicable provisions of Chapter MTMC (short subdivisions) for divisions of nine lots or fewer. Findings: The proposed division is for 10 or more lots. Conclusion: This criterion is not applicable. 3. The development complies with all applicable provisions of Chapter MTMC (preliminary plats) for divisions of 10 lots or more. Findings: All provisions of Chapter MTMC are addressed under Section VII above. Conclusion: Conclusions pertaining to conformance with this criterion are addressed under Section VII above. 4. The development complies with the City s Zoning and Building Codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to the Health Department. Findings: The required findings of this section are encompassed in the required findings under MTMC , as addressed above.

16 Staff Report and Recommendation Page 16 of The development complies with the City s Comprehensive Plan and all related elements, including, but not limited to the Comprehensive Plan s capital facilities, water, sewer and transportation elements. Findings: The required findings of this section are encompassed in the required findings under MTMC , as addressed above. 6. Easements have been provided for maintenance of and access to walls, roofs and features of structures that are accessible only across abutting parcels. Findings: Care for common elements of the site and buildings have been addressed through CC&Rs, as well as association rules and regulations. The City attorney has reviewed these documents and has found they adequately address, and provide for responsibility of any maintenance issues of the building and common site elements. A 1.5 foot easement to the west of the right of way will need to be recorded on the final subdivision for this project. The easement is for pedestrian amenities as they relate to the town center design standards. Conclusion: This criterion has been met subject to the conditions in this report. 7. Encroachment easements have been provided for any minor encroachments that may extend into abutting parcels, such as eaves, window sills, bay windows, and similar features purposefully designed to encroach over individual property lines within the fee simple unit lot subdivision. Findings: Care for common elements of the site and buildings have been addressed through CC&Rs, as well as association rules and regulations. The City attorney has reviewed these documents and has found they adequately address, and provide for responsibility of any maintenance issues of the building and common site elements. A 1.5 foot easement to the west of the right of way will need to be recorded on the final subdivision for this project. The easement is for pedestrian amenities as they relate to the town center design standards. Conclusion: This criterion has been met subject to the conditions in this report. MTMC (B) criteria are addressed as follows: 1. All of the requirements in subsection A of this section are satisfied.

17 Staff Report and Recommendation Page 17 of The collective lots in the property included in the preliminary fee simple unit lot subdivision will function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking. Findings: The proposed Fee Simple Unit Lot Subdivision is proposed to be ultimately divided into 12 individual townhomes. A 24-foot wide private access easement, which is for the private driveway. However, the Site has been reviewed collectively to determine compliance with overall landscaping, open space and parking requirements, and to determine if the Site functions as one site for access and circulation needs. Conclusion: The Site fully functions as one site in all matters that require compliance with full perimeter standards (e.g., setbacks and buffering from lot lines), in all matters pertaining to amenities, and in all matters pertaining to circulation, required parking, landscaping and open space. 3. Appropriate provision 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 wastes, and parks and recreation. Findings: The required findings of this section are encompassed in the required findings under MTMC , as addressed above. Additionally, the proposed development is subject to park and transportation impact fees, which are intended to ensure that appropriate provisions are made for parks and transportation improvements. 4. The public use and interest will be served by the approval of the preliminary fee simple unit lot subdivision. Findings: The required findings of this section are encompassed in the required findings under MTMC , as addressed above. Conclusions: This criterion will be met through compliance with all conditions of approval specified below. 5. The preliminary fee simple unit lot subdivision shall include the following statement: All development and use of the land described herein shall be in accordance with this fee simple unit lot subdivision, as it may be amended with the approval of the City, and in accordance with other governmental permits, approvals, regulations, requirements and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of

18 Staff Report and Recommendation Page 18 of 23 units therein or their owners associations have a membership or other legal or beneficial interest. This fee simple unit lot subdivision shall be binding upon all persons or entities now or hereafter having any interest in the land described herein. Findings: The required statement is provided on the submitted Preliminary Fee Simple Unit Lot Subdivision. Preliminary approval can be conditioned to require that the statement likewise be placed on the face of the Final Fee Simple Unit Lot Subdivision. Conclusion: This criterion can be met through a condition of approval requiring that the described notation be included on the Final Fee Simple Unit Lot Subdivision. 6. The conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvement shall be identified and enforced by the covenants, easements, or other similar mechanisms. Findings: As a part of this project, there will be an HOA created with Rules and Regulations, as well as Covenants, Conditions, and Restrictions (CC&R s); for the management of common elements within the project. The CC&R documents have been reviewed by the City s attorney and City staff and found adequate to address this provision. This statement will be represented on the recorded fee simple unit lot subdivision. 7. The applicant agrees to install and dedicate all public facilities prior to the City s approval of the final fee simple unit lot subdivision, unless the applicant has executed a subdivision improvement agreement and has provided the necessary security for the agreement. Findings: There is not a requirement for right-of-way dedication for this project, however, a 1.5 foot easement to the west of the right of way will need to be recorded on the final subdivision for this project. The easement is for pedestrian amenities as they relate to the town center design standards. All other improvements for this project are planned to be constructed prior to recording. Conclusion: This criterion can be met with the conditions of approval for this project. 8. The conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements are identified and enforced by the covenants, easements or other similar mechanisms. Findings: As a part of this project, there will be an HOA created with Rules and Regulations, as well as Covenants, Conditions, and Restrictions; for the management of common elements within the project. These documents have been reviewed by the City s

19 Staff Report and Recommendation Page 19 of 23 attorney, and City staff. They have been accepted by the City as adequate to address this provision. This statement will be represented on the recorded fee simple unit lot subdivision. 9. The applicant agrees to install and dedicate all public facilities prior to the City s approval of the final fee simple unit lot subdivision, unless the applicant has executed a subdivision improvement agreement and has provided the necessary security for the agreement. Findings: By way of recommended condition in the preliminary decision for this project, the applicant will be required to apply and be issued permits for the civil construction of all improvements. Approval of these permits is contingent upon compliance with applicable City codes and ordinances. Associated performance securities will be required prior to issuance of any ground breaking permits. The applicant does have the option of entering into a subdivision improvement agreement, and such agreement, if executed, will be consistent with the provisions of MTMC IX. COMPLIANCE WITH TOWN CENTER DESIGN STANDARDS This project is subject to the Town Center design standards, applicable to the Community Business Downtown (BC/D) zoning district via the requirement of MTMC (J). The Town Center Design Standards address the designs of various site features such as pedestrian activity areas, site landscaping, landscaping and screening of parking lots, pedestrian connections through parking lots, pavement design exterior furnishings and fixtures such as benches, trash containers, lighting fixtures and art work. Design standards also apply to various components of building and structure design such as placement of buildings along the streetscape, placement and prominence of building entrances, mitigation of blank walls, building massing and articulation, architectural detail such as kick plate design, fenestration, roof design, and screening of rooftop equipment. Staff has reviewed the proposed site and building designs for compliance with said standards and has found that the project complies with all applicable standards insofar as details have been submitted. Additional details are needed for the following items to determine compliance with design and development standards, and conditions will be imposed for clarification and compliance with these items: 1. Calculations of glazing area to determine minimum fenestration requirements per Town Center Design Standard 1, page 22, will be provided with the building permit applications.

20 Staff Report and Recommendation Page 20 of Details of pavement design (scoring pattern and scoring depth), per Town Center Design Standard 4, page Street trees within the pedestrian activity area including type and size of planting. 4. A lighting concept for the site including pole lights, bollard lights, and lights on the exterior of the buildings, pursuant to Town Center Design Standards 1-6, page Separate fencing permits will be required for any fences installed, and a condition to this effect has been placed in this recommendation. X. RECOMMENDATION Staff has reviewed the proposal for general conformance with city codes and ordinances and the requirements set forth herein, and has provided findings in response to each requirement. Based upon this analysis, staff finds that the fee simple unit lot subdivision as described herein conforms to the criteria for fee simple unit lot subdivisions as defined in MTMC Section 17.09, as well as applicable Town Center Design Standards. Staff recommends that the preliminary application be approved via resolution, and subject to the following conditions: 1. Prior to the installation of improvements, the applicant must apply for separate civil permits for the overall site development of infrastructure, and utilities. The designs must be consistent with this decision, and the approved plat map. City staff will review the permit applications and designs to determine compliance with applicable codes and municipal provisions. 2. Prior to the issuance of civil improvement permits, the applicant shall post a performance security in the amount of 150% of the cost of construction of the required improvements. The applicant shall provide a written cost estimate with the application for civil improvement permits. Said written cost estimate shall be subject to review and acceptance by the City. 3. Prior to release of the posted performance security, the applicant shall post a maintenance security in an amount determined by the City. 4. The applicant will be required to demonstrate that 50% of the ground level on the street side translates to window glazing upon application for the building permit. 5. A 1.5 foot easement to the west of the right of way will need to be recorded on the final subdivision for this project. The easement is for pedestrian amenities as they relate to the town center design standards. 6. Prior to installation of landscaping, a final landscape plan shall be submitted for staff final review and approval that fully reflects the preliminary landscape plan submitted with this application, that ensures compliance with site distance and visibility standards as determined by Engineer, and that includes a fully automatic irrigation plan.

21 Staff Report and Recommendation Page 21 of Each individual unit will have their own trash and recycling container that they will wheel to the curb on trash day. The containers are to be kept within the unit on all days other than trash pick-up. 8. Prior to installation of any exterior lighting fixtures - including street lights, pedestrian lights, exterior building lights, and any on-site lighting - a final lighting plan shall be submitted for Staff review and approval. The final lighting plan shall specify the specific type, model number and photometric details of each fixture and ensure that lighting is downward directional with horizontal cut-off, and that light throw is contained to the premises. Bollard lighting fixtures shall be consistent with the cut sheets in exhibit 5. All exterior fixtures shall use LED lamps. 9. The location of all service cabinets needed for the street and pedestrian lighting system and traffic signalization (if any) shall be shown on the civil and landscape plans. Service cabinets are to be covered with a colored powdered coating to match light poles unless a different color is specified by the City. 10. Prior to building permit issuance, the applicant shall submit application for final fee simple unit lot subdivision plat approval. The plat must be approved and recorded prior to building permit issuance. 11. Prior to building permit issuance, an HVAC/Mechanical System layout shall be submitted for staff review and approval, which includes all exterior mechanical equipment (heating, cooling, ductwork, fans, vents, generators, etc.). Approval shall be based upon confirmation that equipment meets all applicable screening requirements. 12. Prior to final plat recordation, all improvements within the City right-of-way - including land proposed for dedication as right-of-way - shall be installed. 13. Prior to final plat recordation, the CC&Rs date stamped revision November 23, 2015 by the City of Mountlake Terrace shall be finalized for staff review, and approval prior to recording, and then subsequently recorded upon staff approval. 14. Prior to installation of improvements, a consolidated set of all civil drawings reflecting the site plan approved with this decision must be submitted to the Public Works Department for Engineering approval. The civil drawing shall include: a. Final grading plans. b. Final road profiles. c. Final roadway section details. d. Final pedestrian activity area pavement details. e. Final drainage plans. f. Final wet and dry utility plans and details, including, but not limited to locations of electric utility vaults and cabinets.

22 Staff Report and Recommendation Page 22 of 23 g. The City s Fire Marshal has confirmed adequate fire flow to the development site, and sprinklers shall be required for the two most western buildings due to lack of access. h. Any additional information required by Engineering to ensure compliance with adopted standards and standard engineering practices. 14. The Final Fee Simple Unit Lot Subdivision shall include the following statement on the face of the plat: All development and use of the land described herein shall be in accordance with this fee simple unit lot subdivision, as it may be amended with the approval of the City, and in accordance with other governmental permits, approvals, regulations, requirements and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners associations have a membership or other legal or beneficial interest. This fee simple unit lot subdivision shall be binding upon all persons or entities now or hereafter having any interest in the land described herein. 15. Separate fencing permits will be required for any individual fences installed. 16. Calculations of glazing area shall be submitted with building permits with frontage on 56 th Avenue W, to determine minimum fenestration requirements are met. 17. With the application for civil site permits, provide details of pedestrian activity pavement design (scoring pattern and scoring depth). Staff further recommends that the following statement be included on the City Council s final decision: REVALUATION: Property owners affected by this decision may request change in valuation for property tax purposes notwithstanding any program of revaluation. XII. ATTACHMENTS The following documents are attached to or referenced, and made a part of this report: Attached: Proposed site plan for 55 th Avenue W Townhomes; Sheets 1 of 2, and 2 of 2. Date stamped March 14, 2016 by the City of Mountlake Terrace. Preliminary plat map from Tri-County Land Surveying; Sheets 1 of 5, Sheets 2 of 5, Sheets 3 of 5, Sheets 4 of 5, Sheets 5 of 5. Date stamped revision July 1, 2015 by the City of Mountlake Terrace.

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