NOTICE OF DECISION. Appeal Procedures:

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1 City of Tacoma Planning & Development Services 747 Market Street, Room 345 Tacoma, WA Applicant: Tony Balmelli, Balmelli Engineering, 7411 Prine Drive SW, Olympia, WA Location: 1239 East 54th Street, Parcel Number Application No(s): PLT (HEX ) Proposal: Preliminary Plat of Heritage Gardens, to subdivide the subject property into thirty-eight (38) lots. The site is located in the R-2 Single-Family Dwelling District. For further information regarding the proposal, log onto the website at and select "Message Board". The case file may be viewed in Planning and Development Services, 747 Market Street, Room 345. NOTICE OF DECISION Appeal Procedures: Date of Decision: May 13, 2015 Appeal Period Ends: Application complete: May 12, 2015 Reconsideration to the Office of the Hearing Examiner: Any person having standing may request reconsideration of the Hearing Examiner s decision, based upon errors of procedure or fact, by submitting a request in writing to the Office of the Hearing Examiner: 747 Market Street, Room 720, Tacoma, WA Appeal to Hearing Examiner: Pursuant to TMC , any aggrieved person or entity may appeal to Superior Court for the State of Washington provided, however, that those determinations regarding civil penalties, as set forth in TMC B.20 and subsection B.21 shall be appealable to the Tacoma Municipal Court. Any court action to set aside, enjoin, review or otherwise challenge the decision of the Examiner shall be commenced within 21 days of the entering of the decision by the Examiner, unless otherwise provided by statute. Staff contact: Charla Kinlow, Associate Planner 747 Market St, Room 345, Tacoma, WA 98402; ; ckinlow@cityoftacoma.org Environmental Review: Pursuant to WAC and the City of Tacoma s SEPA Procedures, a Determination of Non-Significance (DNS) was issued on March 6, The appeal deadline closed on March 20, No appeals were filed. The City of Tacoma does not discriminate on the basis of disabilities in any of its programs or services. Upon request, special accommodations can be provided within five (5) business days by contacting the City Clerk s Office at (voice) or (TDD)

2 OFFICE OF THE HEARING EXAMINER CITY OF TACOMA REPORT APPLICANT: Balmelli Engineering, Tony Balmelli, for Ryan Williams, CFW, EEC FILE NO.: HEX (PET2O ) Heritage Gardens SUMMARY OF REOUEST: A request to subdivide one (I) parcel of land into thirty-eight (38) individual lots for the construction of single-family dwellings and one (1) tract for access. LOCATION: The site is addressed as 1239 East 54th Street, and falls between East 54th Street and East sr Street between East E Street and East M Street, together with an area east of East M Street, all within Section 22 Township 20 Range 03 Quarter 24. The 5.27 acre parcel is located within the City s R-2 Single Family Dwelling District. CFW, EEC is also concurrently seeking a street vacation of the east 35 feet of East E Street, which would add property at the west side of the development site and facilitate the anticipated layout. If the street vacation is accomplished, the total property available for the development would be 5.72 acres. DECISION: The requested preliminary plat is approved subject to conditions and contingent upon the Tacoma City Councils approval of associated Street Vacation Petition No PUBLIC HEARING: After reviewing the report of the Planning and Development Services Department (PDSD), examining available information on file with the application, and visiting the subject site and surrounding area, the Hearing Examiner conducted a public hearing on the application on April 9, The evidentiary record was reopened by the Hearing Examiner on April 15, 2015, to allow for supplementary information from the parties on specific topics. Responsive material was received on May 4, 2015, and the record was then closed. I. ii

3 FINDINGS. CONCLUSIONS. : FINDINGS OF FACT: 1. Balmelli Engineering, on behalf of Ryan Williams, CFW, LLC, filed an application for approval of the preliminary plat for a residential subdivision known as Heritage Gardens. The subdivision contains thirty-eight (38) lots for the construction of single-family dwellings and one (1) 30-foot wide private road tract. Kinlow Testimony; Lx. 1, Attachment A 1; Ex. 3. The proposed layout of the development is depicted on Exhibit The property site is addressed as 1239 East 54ih Street in Tacoma and falls between East 54th Street and East 52nd Street between East L Street and East M Street, together with an area east of East M Street, all within Section 22 Township 20 Range 03 Quarter 24. The developed portion of the site would total approximately 5.72 acres. Kinlow Testimony; Lx.]. 3. The site and surrounding area was originally zoned R-2 Single-Family Dwelling District in There have been no zoning changes in this area since its original designation. The Comprehensive Plan designates the site as being located within the Single-Family Detached Housing Area. Further, the Comprehensive Plan locates the outer portions of the site within the Tier I Primary Growth Area and the area in the middle of the City block as Tier II Secondary Growth Area. Intensity and Tier delineation maps are appended to the PDSD report as Attachments A-2 and A-3. Lx. 1. Tier I areas are characterized by urban levels of development where all necessary services and infrastructure to support such development either exist or are planned for development within a six-year period. Tier II areas are areas already characterized by urban growth where key public facilities and services are generally available. One or more key facilities may not be available or not meet the adopted level of service standards. Comprehensive Plan, Land Use Development LU-9 through LU-JO. In this case necessary services and infrastructure are available to the subdivision site or will be constructed as part of the development. The property is included in the Eastside Neighborhood. Lx The surrounding area is zoned R-2 Single-Family Dwelling District and is developed primarily with single family dwellings. The properties in the neighborhood are generally around 5,000 square feet in size and have an average width of 50 feet. Kinlow Testimony; Lx. J. 5. The site being developed will encompass 5.27 acres, together with.45 acres An earlier version of the proposed plat cofflained 37 lots in a slightly different configuration. The applicant confirmed that the 38 lot plan on Exhibit 3 is the accurate design.

4 of adjacent property, which is being pursued through an associated street vacation application, for a total of 5.72 acres. The property is L-shaped with Lots I through 12 fronting on East L Street and Lots 13 through 32 fronting on East M Street. Lots 33 through 38 front on East 5401 Street and/or Tract A, an access tract that connects to East 54th Street. The property is mostly flat and is presently undeveloped. An existing house is located on Lot 38 and it will remain in place. The area has been used for agriculture in the past.2 Ex. 1; Ex. 3. A wetland analysis report, prepared for the project by a consultant and reviewed by the City, established that there are no wetlands, streams, or critical areas buffers present. Ex East 52nd Street abuts the site to the north and is a developed asphalt concrete road 60 feet wide with intermittent curb and gutter and a line of mature deciduous trees abutting the site. East ~ Street abuts the site to the south and is a developed asphalt concrete road that is 70 feet wide with curb and gutter and a line of mature evergreen trees bordering the site. East 1 Street, to the west of the site is a developed oilmat/bituminous surfaced road that has no curb, gutter, or sidewalk.3 The East M Street right-of-way is undeveloped at this time and would be improved to City standards as part of the project. EL 1; Ex A trip generation and transit analysis for the project was prepared by Heath & Associates, Inc. The analysis concluded that the project would have a minimal impact on local roadways and the transit system. Ex Concrete sidewalks will be installed along East 54Lh Street, East 52~ Street, and East I Street abutting the site. Sidewalks will be placed along both sides of the newly developed segment of East M Street. Ex. 1, pp The sidewalks connect with other developed sidewalks in the area that will provide children in the subdivision a safe route for walking to school. 9. The preliminary plat submitted has been prepared in accordance with the standards for new subdivisions as set forth at Tacoma Municipal Code (TMC) EL The Heritage Gardens plat would result in a density of 6.64 units per acre with an average lot size of 5,529 square feet. The minimum lot size would be 5,000 2 In November 2011, the property was apparently listed on the historic register for its association with Tacoma s Scandinavian heritage and farming history. On June 10, 2014, the historic designation was rescinded due to economic hardship. Lx. I, p. 2. East L Street has a 90-foot right-of.way that is proposed for reduction to 60 feet in a pending street vacation petition filed by Heritage Gardens. The street vacation is conditioned on the Applicant executing a deed to the City conveying any interest the Applicant holds in a 5-foot strip of property lying in the center of the East L Street right-of-way. The resulting right of way will be 95 feet in width. The vacation of 35 feet of the right-of-way will leave 60 feet remaining for street purposes. See, Lx. 6.

5 square feet. Ex. 1; Ex. 3; Ex. 6. Typical lot size in the R-2 District is 5,000 square feet with a minimum average lot width of 50 feet. Ex. 1, pp The plat will be connected to City of Tacoma water, stormwater, sewer, and power utilities. Natural gas to the area is provided by Puget Sound Energy. 12. The proposed subdivision has been reviewed by a number of governmental agencies and utility providers. None object to approval of the proposed subdivision; however, numerous conditions concerning utilities, access, public safety and construction techniques have been recommended. Ex. 1, Attachments A 4 through A-12. The Applicant concurs in the recommended conditions. Burns Statement. 13. Pursuant to the State Environmental Policy Act (SEPA) administered under the Washington Administrative Code (WAC) and the City of Tacoma Environmental Regulations administered under TMC Chapter 13.12, the SEPA Official issued a Determination of Environmental Non-significance for the proposed action on March 6, The deadline for appealing this determination passed on March 20, 2015, and no appeal was filed. Ex. 1; Ex The PDSD s Preliminary Report, as entered into this record as Exhibit 1, accurately describes the proposal, general and specific facts about the site, applicable sections of the Generalized Land Use Element (GLUE), and applicable regulatory codes. The report is incorporated herein by reference as though fully set forth. 15. Written notice of the public hearing was mailed to all property owners within 400 feet of the site, the appropriate neighborhood council and qualified neighborhood groups on December 18, In addition, a public notice sign was posted on the site4 and notice of the application was posted on the City s website and in a newspaper of general circulation. Ex. 1. A second public notice was mailed on February 19, 2015, indicating that the public hearing date had been revised to April 9, Ex The City staff received one comment from the Puget Creek Restoration Society in response to the public notice of the plan. Ex. 1, A-13. Puget Creek Restoration suggested that the project use low impact development techniques, that native vegetation be use for site landscaping and that as many large trees as possible be retained. 17. Any conclusion of law hereinafter stated which may be deemed to be properly considered a finding of fact herein is hereby adopted as such. Testimony indicated that one sign posted on the site was removed. PDSD replaced the sign. Kinlow Testirnon v.

6 CONCLUSIONS OF LAW: 1. The Hearing Examiner has jurisdiction over this matter pursuant to TMC B. I and TMC D. The applicant bears the burden of proving by a preponderance of the evidence that its request for preliminary plat approval conforms to applicable requirements for approval. TMC C. 2. RCW 58.17, the state Subdivision Act, provides that in reviewing subdivision proposals, local governments must determine if appropriate provisions are made for necessary services and infrastructure to support the development and whether the public interest would be served by such subdivision: (2) A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body makes written findings that: (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 wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, 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 the platting of such subdivision and dedication. RCW (2). 3. Further, RCW 36.70B.030 and RCW 36.70B.040 direct the City to review whether the proposal complies with the local comprehensive plan and development regulations: 1) Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review.. 2)... At a minimum, such applicable regulations or plans shall be determinative of the: (a) Type of land uses permitted at the site including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval has been satisfied; (b) Density of residential development in urban growth areas; and (c) Availability and adequacy of public facilities identified in the comprehensive plans, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW.

7 3) During project review, the local government or any subsequent reviewing body shall not reexamine alternatives or to hear appeals on the items identified in Subsection (2) of this section, except for issues of code interpretation. RCW36.70B.030. See also 36.70B Thus, the relevant inquiries to be made in reviewing a preliminary plat proposal are whether the findings required at RCW can be made and whether the proposal conforms to local comprehensive plan provisions and development regulations, including zoning requirements and platting requirements contained in TMC The TMC directs that a preliminary plat is reviewed for compliance with a number of the same criteria contained in the state Subdivision Act: D. Hearing Examiner or Director Review of Preliminary Plat. The Hearing Examiner or Director shall review the proposed preliminary plat. The preliminary plat shall not be approved unless it is found that: 1. Appropriate provisions are made for the public health, safety, and general welfare, and for open spaces; drainage ways; streets or roads; alleys; other public ways; bicycle circulation; transit stops; potable water supplies; sanitary wastes; parks and recreation; playgrounds; schools and school grounds; and all other relevant facilities, including sidewalks and other planning features which assure safe walking conditions for students who walk to and from school and for transit patrons who walk to bus stops or commuter rail stations. 2. The public use and interest will be served by the platting of such subdivision and dedication as set forth by the Comprehensive Plan and other Adopted City Ordinances, manuals, design specifications, plans, goals, policies, and guidelines. TMC JOO.D. 6. In this case, the evidence demonstrates that the plat will be consistent with the applicable provisions of the Comprehensive Plan and the TMC. The site is located in

8 a Low Intensity-Single-Family Detached Housing Area and encompasses a Tier I Primary Growth Area and a Tier II Secondary Growth Area. Property within the Tier I classification is appropriate for new residential development and, in this case, the interior property contained in the Tier II Area is also appropriate for new development. Necessary infrastructure and utilities are available for extension to the entire site. The construction plans are consistent with the desired density in the area and the homes being constructed will be similar in character to the surrounding single family residential development. The street development and dedication will also be similar to the character of streets in the neighborhood. The construction of single-family dwellings and infill development provided by this development is supported by policies in the GLUE and the Housing Element of the Comprehensive Plan. Overall, the proposed plat is consistent with the land use policies expressed in the City of Tacoma Comprehensive Plan and zoning code. As such, the subdivision will benefit and serve the public use and interest. 7. The evidence further demonstrates that the proposed subdivision meets the development standards governing plats in TMC Chapter The lots contained within the subdivision exceed the minimum lot size and meet the minimum average lot width in the R-2 district. Based upon the information provided by the Applicant it appears that applicable setback standards will be met. Ex The evidence shows that the proposal will be constructed in compliance with governing development standards. By complying with development standards, the plan assures appropriate provisions are made for the public health, safety and general welfare and for facilities that address issues such as streets and roads, adequate drainage, traffic circulation, pedestrian and bicycle safety, schools, and parks and recreation, water supply, sanitary waste disposal, landscaping, lighting, and stormwater management. The sidewalks adjoining the roadway and connecting to the existing sidewalks in the neighborhood will provide safe walking conditions for pedestrians, transit users, and for students, if any, who may walk to school. 9. The private roadway ( Tract A ) contained within the Plat will meet governing street construction standards. As such, it will provide suitable and sufficient access to lots served by the accessway. See, TMC The evidence in this matter supports a conclusion that the preliminary plat proposed conforms to the requirements of RCW and is consistent with the City s Comprehensive Land Use Plan and development regulations, provided the conditions enumerated herein are imposed and complied with by the Applicant. Accordingly, the proposed preliminary plat should be approved subject to the recommended conditions set forth below:

9 A. SPECIAL CONDITIONS 1. GRADING AND EROSION CONTROL a. Grading and erosion control plans shall be provided and approved prior to any grading or clearing taking place on the site. b. Provisions shall be made to minimize the tracking of sediment by construction vehicles onto paved public roads. If sediment is deposited, it should he cleaned every day by shoveling and sweeping. Water cleaning should only be done after the area has been shoveled and swept. c. The grading plan shall be reasonably consistent with the proposed topography and amounts of on-site material to be used to balance the site as represented by the Applicant at the time of preliminary plat. d. At the request of the Director or designated representative, the project development proponent shall submit a record as-built drawing of the final grade and site elevations to Planning and Development Services prior to final plat approval to ensure the final grades and elevations on the site are reasonably consistent with the topography proposed at the time of preliminary plat. e. Should grading of the site be proposed to occur during the winter months, the Grading Plan and Erosion Control Plan shall include a winter grading and erosion control plan. The winter grading and erosion control plan shall comply with all requirements of the International Building Code and applicable amendments as adopted. f. A Grading Plan and an Erosion Control Plan, which complies with Tacoma Municipal Code requirements, must be submitted and approved by the City of Tacoma prior to commencing site work. A preconstruction meeting shall be held and appropriate permits issued prior to any clearing or grading taking place on the site. The proponent shall grade the site to drain toward the street or provide adequate measures for each lot to prevent the discharge of surface and storm water drainage onto private property, except for areas needed to maintain hydrology to the Critical Areas. Graded areas that are not to be immediately improved shall be hydroseeded to prevent surface water runoff from carrying silt and debris into the drainage system and onto private property. It shall be the proponent s responsibility to maintain the erosion control facilities in a manner acceptable to the City Engineer until building permit application s have been submitted on all lots within the subdivision.

10 The grading and erosion control plans shall include, at a minimum, the following primary measures to limit the adverse impacts of the project upon the off-site drainage system: 1. Stabilization of construction access to the project with a quarry rock pad. 2. Delineation of clearing limits. 3. Accurately continuing the topography at least 50 feet beyond the property boundaries of the subject site. 4. A proposed construction phasing plan that will ensure erosion control measures shall be installed before (and adjusted and maintained during) grading is performed and that grading shall be performed immediately prior to commencing construction of permanent improvements, or only as needed. 5. Measures to provide settlement and/or filtration of sediment prior to discharge. These measures must be either a sediment trap or sediment pond, depending on tributary area, augmented by other measures such as filter fabric fencing for small areas. 6. Revegetation of disturbed areas as soon as practical following grading. 2. STORM AND SANITARY SEWERS NOTE: The following statements and conditions may be modified after approval of the stormwater and/or sewer utility plans. Additional conditions may be required after submittal of a preliminary stormwater and/or sewer utility plan prior to final plat. a. The proposal shall comply with all applicable requirements contained in the City of Tacoma Stormwater Management Manual, Side Sewer and Sanitary Sewer Availability Manual, Tacoma Municipal Code and the Public Works Design Manual in effect at time of vesting land use actions, building or construction permitting. b. Full review of storm and sewer design shall be completed under the construction permits; additional mitigation may be required. This development s stormwater design shall be in compliance with the 2012 City of Tacoma Stormwater Management Manual, and all applicable Tacoma Municipal Codes. This development s sanitary sewer design shall meet the City of Tacoma Side Sewer and Sanitary Sewer availability manual, the Department of Ecology Sewage Works Design Criteria, and all applicable Tacoma Municipal Codes. -9-

11 c. Any utility construction, relocation, or adjustment costs shall be at the Applicant s expense. d. The site is presently served by the City stormwater drainage system. The City stormwater drainage system may need to be extended to serve the project site or another method of stormwater management meeting all requirements of the City of Tacoma Stormwater Management Manual shall be provided. e. This site is presently served by the City sanitary sewer system. The City sanitary sewer will need to be extended to serve the project site through the City s work order process. f. Each lot shall be independently connected to the City sanitary sewer at the building construction stage. Permits for this work shall be obtained. g. A preliminary stormwater and sewer utility plan shall be prepared to show a preliminary design for sewer and stormwater mitigation. This plan shall be approved by City of Tacoma Environmental Services prior to recording of the final plat. Approved construction permits (work order and/or fill and grade) covering the entire site may be substituted for the preliminary stormwater and/or sewer utility plan. h. A Covenant and Easement Agreement shall be required for all projects with private storm drainage systems. Covenant and Easement Agreements shall be recorded prior to recording of the plat Mylar. i. Final design of the stormwater facilities may require modifications to the lot layout and/or a reduction in number of available building lots. The following statement shall be completed and placed on the plat Mylars: WARNING: This plat contains a private storm drainage system. Private storm drainage systems are the sole responsibility of the owners, successors and assignees of all lots being served by the private storm drainage system. Responsibility includes, but is not limited to, constructing, maintaining, and allowing City inspection of the private storm system in accordance with a separately recorded covenant and easement document. Covenant and Easement Recording No. This plat contains private storm and/or wastewater easements. No permanent structure(s) shall be erected within the private easement area(s). Permanent structures shall mean any concrete foundation,

12 concrete slab, wall, rockery, pond, stream, building, deck, overhanging structure, fill material, tree, recreational sport court, carport, shed, private utility, fence, or other site improvement that restricts or unreasonably interferes with the need to access or construct utilities in said easement(s). Permanent structures shall not mean improvements such as flowers, ground cover and shrubs less than 3 feet in height, lawn grass, asphalt paving, gravel, or other similar site improvements that do not prevent the access of men, material, and machinery across, along, and within the said easement area. Private Easement Recording No. This plat contains public storm and/or wastewater easements. No permanent structure(s) shall be erected within the public easement area(s) unless specifically approved in writing by the City of Tacoma Director of Public Works. Permanent structures shall mean any concrete foundation, concrete slab, wall, rockery, pond, stream, building, deck, overhanging structure, fill material, tree, recreational sport court, carport, shed, private utility, fence, or other site improvement that restricts or unreasonably interferes with the City of Tacoma s access to install, construct, inspect, maintain, remove, repair and replace public storm and/or sanitary sewer utilities in said easement(s). Permanent structures shall not mean flowers, ground cover and shrubs less than 3 feet in height, lawn grass, asphalt paving or gravel improvements that do not prevent the access of men, material, and machinery across, along and within the said easement area. Land restoration by the City within the said easement area due to construction or maintenance, shall mean planting grass seed or grass sod, asphalt paving and gravel unless otherwise determined by the City of Tacoma. If the actual stormwater improvements installed vary from those on the preliminary utility plan so that the recorded Covenant and Easement Agreement does not reflect actual constructed improvements, an additional Covenant and Easement Agreement shall be developed, signed by the property owner and the City and recorded by the property owner. Final design of the stormwater facilities may require modifications to the lot layout and/or a reduction in number of available building lots. Building permits for each lot shall be approved by Environmental Services prior to construction. Construction on any and all lots, including public roads and alleys, is limited to the impervious surface as provided within the approved Stormwater Site Plan or as shown on the preliminary stormwater -11-

13 and/or sewer plans. If additional impervious surfaces beyond that approved under the previously noted permits are created, additional stormwater mitigation may be required. If stormwater mitigation differs from that approved under the previously noted permits, additional review by Environmental Services is required and shall include evaluation of all lots created as part of this plat. Soil amendments are required for all disturbed areas in accordance with BMP L6l3. The following statement shall be included on the plat mylar if no work is to be completed at the time of plat: The proposal shall comply with all applicable requirements contained in the City of Tacoma Stormwater Management Manual, Tacoma Municipal Code and the Public Works Design Manual in effect at time of vesting land use actions, building or construction permitting. At this time, the proposal is to plat the parcel into thirtyeight (38) new parcels for development, therefore no vesting to current stormwater requirements will occur. For the purposes of stormwater mitigation, all future work completed on any of the thirtyeight lots, including offsite improvements shall be considered part of a project and all impacts considered when determining stormwater impacts and associated mitigation. The following conditions shall be met prior to recording of the final plat: j. Existing private sanitary and stormwater lines were not shown on the submitted plat plans. The Applicant shall research the locations of all private storm and sanitary sewer lines located within the plat limits and provide a separate site plan to show the locations of existing storm and sewer utilities on the site. If the storm or sanitary utilities on a parcel cross a second parcel and the two parcels are owned by the same person or company, the property owner cannot assume an easement across the second parcel. k. Shared side sewers may be required to be separated prior to final plat. Any new storm or sanitary line to be located on more than one of the proposed parcels shall require a private sewer easement. A copy of the proposed easements shall be submitted to Environmental Services Site Development Group prior to recording of the final plat, and all required easements shall be recorded prior to the construction of new private side sewer(s). No permanent structures shall be placed within or over the required easements. I. Private easements shall be recorded and a copy submitted to Public

14 Works Department, Environmental Services Engineering Division or as an alternative the private easement may appear on the face of the plat Mylar. The following comments are presented for information only and are intended to assist the Applicant when applying for building and construction permits: m. All stormwater shall be managed in compliance with the City of Tacoma Stormwater Management Manual (SWMM). n. The Applicant shall review SWMM Minimum Requirements #1-12 and comply with all requirements. o. Water quality shall be provided for all projects that meet or exceed the thresholds for Minimum Requirement #6 as outlined in the City of Tacoma Stormwater Management Manual. Pollution-generating impervious surfaces created and/or replaced offsite as a result of this project shall count toward the pollution-generating impervious surface total. p. Flow control or other mitigation in accordance with the City of Tacoma Stormwater Management Manual shall be provided for all projects that meet or exceed the thresholds for Minimum Requirement #7 as outlined in the City of Tacoma Stormwater Management Manual. Impervious surfaces created and/or replaced offsite as a result of this project shall count toward the impervious surface total. q. All projects shall comply with Minimum Requirement #11: Off-Site Analysis and Mitigation. r. Coverage under the NPDES Construction General Permit is required for any clearing, grading, or excavating that will disturb one or more acres of land area and that may discharge stormwater from the site into surface water(s), or into storm drainage systems that discharge to a surface water, per the Washington State Department of Ecology (Ecology). Ecology s Office of Regulatory Assistance shall be contacted at to determine if any additional requirements are necessary. City approval does not release the Applicant from state or other permitting requirements. s. Public and private stormwater shall be managed in separate water quality and flow control facilities. t. Private stormwater facilities are required to be located in a separate tract, easement or private roadway with appropriate easements to benefit contributing parcels for private facilities per the City of

15 u. Tacoma Stormwater Management Manual, Volume 3, Chapter 13. Separate tracts or easements for the location of shared stormwater facilities shall be shown on the plat Mylars, if applicable. v. All public stormwater facilities shall be located in right of way, a tract dedicated to the City of Tacoma or easement per City of Tacoma Stormwater Management Manual Volume 3 Chapter 13 and as approved in writing by Environmental Services. w. Stormwater facilities, other than conveyance, are required to be located in a separate tract dedicated to an association for private facilities or to the City of Tacoma for public facilities per the City of Tacoma Stormwater Management Manual, Volume 3, Section x. This project is located in the natural drainage course of abutting properties. Adequate provisions shall be made to collect drainage that naturally flows across the project site. y. This project may include an infiltration facility that is regulated under Ecology s underground injection control (UIC) well program. UIC wells shall be registered with the Washington State Department of Ecology. This requirement typically applies to all infiltration trenches regardless of the size of the system except for single family facilities that receive only roof runoff. z. If pumping of sewage is required due to site conditions, plans and calculations for the pump system shall be prepared per City standards and submitted to Environmental Services - Site Development Group for review and approval prior to issuance of a side sewer connection permit. aa. For all stormwater proposals that require an engineered design, the project engineer shall provide an Engineer s Certification to the City of Tacoma after facility installation and prior to permit final inspection and/or closeout. The Engineer s Certification shall reference the permit number and state that all stormwater facilities have been installed according to the approved permit documents. The Engineer s Certification shall be submitted to Environmental Services Site Development Group, 747 Market Street, Room 620, Tacoma, WA For site and building permits, an additional copy of the certification shall be sent to Planning and Development Services 747 Market Street, Room 345, Tacoma, WA PROTECTION OF ADJACENT PROPERTIES With the development of the project, the proponent shall be responsible for adverse impacts to other property abutting the project. The project

16 shall be designed to mitigate impacts including, but not limited to, discontinuities in grade, abrupt meet lines, access to driveways and garages, and drainage problems. Slopes shall be constructed with cuts no steeper than 1-1/2:1, and fills no steeper than 2:1, except where more restrictive criteria is stipulated by the soils engineer. When encroaching on private property, the project engineer shall be responsible to obtain a construction permit from the property owner. The design shall be such that adverse impacts are limited as much as possible. When they do occur, the project engineer shall address them. 4. STREETS. DRIVEWAYS AND SIDEWALKS The following conditions shall be met prior to the recording of the final plat: a. A Work Order is required. A licensed professional civil engineer must submit the street plans for review and approval following the City s work order process. A performance bond is required for all work orders per Tacoma Municipal Code 1O F. b. East M St shall be improved to Public Works Standards including a minimum width of 28 feet with cement concrete curb & gutter and sidewalks on both sides. The minimum roadway section shall meet City Design Standards at time of submittal. It shall include necessary drainage, and any additional unsuitable foundation excavation material must be removed as directed by the City Engineer. The future right-of-way shall be a minimum width of 52 feet. c. Remove and replace any damaged or defective curb & gutter along East 54th Street fronting the property and replace to current standards. d. Cement concrete sidewalk shall be constructed along East 54th Street, abutting the site, meeting Public Right Of Way Accessible Guide lines (PROWAG) and Americans with Disabilities Act (ADA) requirements, and be installed to the approval of the City Engineer. e. All pedestrian curb ramps shall be designed meeting Public Right Of Way Accessible Guide-lines (PROWAG) and Americans with Disabilities Act (ADA) requirements, and be installed to the approval of the City Engineer. All curb ramp design shall be directional in alignment. f. Intersection curb ramps shall be constructed at the intersection of East 54th and M Streets at the NE and NW corners. g. Full intersection curb ramp build out shall be constructed at the intersection of East 54th Street & East L Street. h. Intersection curb ramps shall be constructed at the intersection of East 53rd and East L Streets at the SW, NW and NE corners. i. Intersection curb ramps shall be constructed at the intersection of East

17 52nd and East L Streets at the SW, SE, and NE corners. j. Intersection curb ramps shall be constructed at the intersection of East 52nd and M Streets at the SW and SE corners. k. The type, width, and location of all driveway approaches serving the sites shall be approved by the City Engineer. 1. East L Street shall be improved to Public Works Standards including a minimum width of 10 feet west of centerline to asphalt wedge curb and 14 feet east of centerline to cement concrete curb & gutter. The minimum roadway section shall meet City Design Standards at time of submittal. It shall address necessary drainage requirements, and any additional unsuitable foundation excavation material must be removed as directed by the City Engineer. The future right of-way shall be a minimum width of 52 feet. m. Cement concrete sidewalk shall be constructed along East L Street, abutting the site, meeting Public Right Of Way Accessible Guide lines (PROWAG) and Americans with Disabilities Act (ADA) requirements, and be installed to the approval of the City Engineer. n. Cement concrete sidewalk shall be constructed along East 52nd Street, abutting the site, meeting Public Right Of Way Accessible Guide-lines (PROWAG) and Americans with Disabilities Act (ADA) requirements, and be installed to the approval of the City Engineer. o. East 52nd Street shall be improved to Public Works Standards including a minimum width of 10 north of centerline to asphalt wedge curb and 14 feet south of centerline to cement concrete curb & gutter. The minimum roadway section shall meet City Design Standards at time of submittal. It shall address necessary drainage requirements, and any additional unsuitable foundation excavation material must be removed as directed by the City Engineer. p. The minimum roadway section for Tract A shall meet City Design Standards at time of submittal and shall address all necessary drainage requirements. 5. STREET LIGHTING In accordance with TMC and to ensure pedestrian and vehicle safety, the Applicant shall design and construct street lighting for the plat to the approval of the City Engineer in accordance with the Uluminating Engineering Society (IES)/ANSI Standard RP-8 Recommended Illuminance for Roadways and Pedestrian Ways. New streetlights are required on East M Street, per Ex. 1, Attachment A-6. Streetlight design and construction shall be done through the City s work order process.

18 6. TACOMA POWER Easements shall be shown on the face of the recorded final plat for electrical power, communications and natural gas utilities. Easement requirements: a. A designated 10-foot utility easement shall be shown on the plat parallel to all interior and exterior road rights of way. b. A 5-foot utility easement shall be shown parallel to all side lot lines at the front 15 feet of each lot. c. If there are flag lots, the stem or driveway section shall be designated as a utility easement along with an additional 5-foot wide easement extending across the end of the stem area and 5 feet into each adjacent property. d. Longitudinal wet utilities, such as drainage, dry wells, storm/sewer systems, bio-swales and sidewalks or permanent structures shall not be installed in the 10-foot utility easement indicated in Item a. Lateral crossings are permitted. Additional general requirements: e. Utility easement indicated in Item a. above shall not have greater than 2 percent slopes perpendicular to the road rights of way. f. All sewer stubs and roof drains shall extend to the property side, beyond the 10-foot utility easement. No clean-outs to be placed in the utility easement. g. Building setbacks shall be shown from the property line. h. No building including the eaves shall be constructed within 8 feet of a transformer. i. Any relocation of Tacoma Power s facilities will be done at the customer s expense. j. Tacoma Power poles and associated equipment to be relocated shall be at the expense of the developer. 7. TACOMA WATER a. TMC requires a separate water service and meter for each parcel. b. Based on the provided site plan, new water mains will need to be installed in the following streets to serve this development by way of the Private Contract process:

19 East 52nd Street, from East 1 Street to East M Street East L Street, from East 52nd Street to East 54th Street East M Street, from East 52nd Street to East 54th Street c. Meters for Lots 33 through 38 shall be placed at the north right-ofway line of East 54th Street and customer shall be required to connect to property through private easements. d. Extension of a permanent water main may be constructed by private contract. The developer of the privately financed project shall be responsible for all costs and expenses incurred by Tacoma Water for preparation of plans and specifications, construction inspection, testing, flushing, sampling of the mains, and other related work necessary to complete the new water main construction to Tacoma Water standards and specifications. The engineering charge for the preparation of plans and specifications will be estimated by Tacoma Water. The developer shall be required to pay a deposit in the amount of the estimated cost. The actual costs for the work shall be billed against the developer s deposit. The new mains shall be installed by and at the expense of the developer. The developer shall be required to provide a 20-foot wide easement over the entire length of the water main, fire hydrant, service laterals and meters. The developer s Professional Land Surveyor shall prepare and submit the legal description of the easement to Tacoma Water for review and processing. Prior to construction, a second deposit in the estimated amount for construction inspection, testing, and sampling shall be due to Tacoma Water. Upon completion of the project, the developer shall either be refunded the unused amount of the deposit or billed the cost overrun. Approximate design time is ten weeks. e. The customer is advised to obtain private utility easements for any property-side water pipes leading from the City meter to the building on any portion(s) existing on adjacent parcels. f. If fire sprinklering, the Tacoma Water Permit Counter shall be contacted at (253) for policies related to combination fire/domestic water service connections. g. New water services shall be installed by Tacoma Water after payment of the Service Construction Charge and the Water Main Charge. New meters shall be installed by Tacoma Water after payment of the System Development Charge. h. If a new fire hydrant is required at a location with an existing water main, the hydrant shall be installed by Tacoma Water after payment of an installation charge.

20 i. If existing water facilities need to be relocated or adjusted due to street improvements for this proposal they shall be relocated by Tacoma Water at the owners expense. j. Sanitary sewer mains and sidesewers shall maintain a minimum horizontal separation of ten feet from all water mains and water services. When extraordinary circumstances dictate the minimum horizontal separation is not achievable, the methods of protecting water facilities shall be in accordance with the most current State of Washington, Department of Ecology Criteria for Sewage Works Design. 8. FIRE PROTECTION a. New public fire hydrants shall be installed along East M Street. Hydrants shall be located such that no hydrant is more than 500 from any other hydrant as measured along road centerlines. Work shall be coordinated with Tacoma Water. Final approval of hydrant location shall be done by the Tacoma Fire Department. b. A new fire hydrant shall be provided at the termination of the private road identified as Tract A. c. Private road identified as Tract A shall be constructed in accordance with Public Works Design Manual. d. Future homes shall be constructed with the adopted codes at the time of building permit submittal. 9. SOLID WASTE Solid Waste Management collection vehicles shall not be required to access these lots via the private drive. Lots 26, 32, 35, and 36 may have to locate their solid waste/recycle/yard waste containers on East 54th Street for collection. 10. MISCELLANEOUS a. Right-of-Way Dedications are noted on the face of the plat. Computer-Aided Design (2012) drawings shall be sent Ronda Cornforth, Real Property Services (253) , for drafting of the deed. b. The Petitioner CFW, LLC (Street Vacation Petition No ) is required to convey any interest it may hold in the 5-foot undisclosed area within the right-of-way of East L Street in the form reflected in Right of Way Deed No (See Ex. 6). c. Prior to obtaining building or grading permits, the proponent shall

21 contact the appropriate City departments to make the necessary arrangements for all required improvements. The required departmental approvals shall be acquired from, but not necessarily limited to, Tacoma Power at (253) , Tacoma Water at (253) , and Public Works at (253) d. The basis of bearing for the final plat shall conform to the City of Tacoma grid system. Coordinates for all lot corners and angle points shall be submitted with the final plat on the NAD 83 WASHINGTON STATE PLANE South Zone Grid System. The final plat shall be drawn to a scale of 1 =loo unless, prior to submittal, written approval for a different scale is granted in writing by the Public Works Department. Mylar size shall be 18 inches by 24 inches. e. The final plat shall be submitted with a section breakdown from the land surveyor. The final plat shall agree with and be compatible with existing facilities and rights-of-way within the area. f. Per Tacoma Municipal Code 13.04, rebar shall be installed at all lot corners. Plat monuments shall be set at all perimeter boundary locations and street monuments shall be set in all necessary locations meeting the approval of the City Engineer. g. The final plat shall incorporate lot/block numbers and a house numbering system to the approval of the City Engineer. h. As part of the final plat submittal, a 100 feet to the inch scaled final plat map shall be provided to Planning and Development Services. i. If improvements required prior to final plat approval are not constructed prior to final plat approval, such improvements shall be bonded for or an assignment of funds given meeting the approval of the City Attorney to guarantee that all required improvements will be designed and constructed. This is required if the Applicant wishes to proceed with the final plat prior to the physical construction of those conditions. If conditions are to be bonded for, the Applicant shall post the necessary bond at the time of, or prior to filing for final plat approval, and the following warning statement shall be incorporated on the plat map page, or additional page, of the final plat: WARNING: Purchasers of the lots herein are advised that the City of Tacoma holds certain financial guarantees to insure completion of certain improvements and utilities, including but not limited to sanitary, road and storm facilities, power, water and street lights. Purchasers are advised that building permits may not be issued until these improvements are completed. Should these improvements/utilities not be completed, the City of Tacoma reserves the right to enter the property to complete these improvements and

22 to seek reimbursement via the aforementioned financial guarantees or through other remedies at law, and the property grantor, heirs, owners, executors, successors or assigns shall save the City harmless from any damage that may be suffered by said re-entry and construction upon said premises. j. Building setback variances for lots created by this subdivision may not be approved by the City. Therefore, the owner/applicant should plan ahead to develop lots that have dimensions that will allow construction of homes without the need for variances. This shall include the Applicant s foresight to provide for required driveway grades, topography, future sidewalk installation, necessary cuts and fills, soil bearing and geotechnical constraints, drainage courses, etc. k. Property owners of Lots 34 through 37 shall maintain a 1/4 interest in Tract A for tax and ownership purposes. This provision shall be inked on the face of the final plat mylar. 1. The property owner is encouraged to establish contact with the neighborhood council for the area. m. Should any evidence of archaeological material be uncovered during the course of the project, all work in the vicinity shall cease and the City of Tacoma Historic Preservation Officer, as well as the Puyallup Tribe of Indians Historic Preservation Office, shall be contacted. Special Note: The proponent shall understand that it is their responsibility to closely review the Zoning and Platting sections of the TMC and, specifically, the Preliminary Plat Procedure, and the Final Plat Procedure, Chapter This is to alert the proponent that if specific dates are not met and if specific items are not filed on time with the appropriate departments their plat shall become null and void. B. USUAL CONDITION: The decision set forth herein is based upon representations made and information submitted, including development plans, proposals and supporting information, submitted to Planning and Development Services. Any substantial change(s) or deviation(s) in such development plans, proposals, or conditions of approval imposed shall be subject to the approval of the City, and may require additional permitting and public notification and comment. 11. Any finding of fact which may be deemed to be a properly considered a conclusion of law herein, is hereby adopted as such.