City of Ferndale CITY COUNCIL STAFF REPORT

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1 SUBJECT: Final Plat Approval DATE: February 6, 2017 FROM: Haylie Miller, Associate Planner PRESENTATION BY: Haylie Miller City of Ferndale CITY COUNCIL STAFF REPORT MEETING DATE: FEBRUARY 6, 2016 AGENDA BILL # Exhibits: Exhibit 1 Final Plat Check print Exhibit 2 Aerial Map Exhibit 3 Zoning Map Exhibit 4 City Council Notice of Decision Exhibit 5 Public Works Memorandum Exhibit 6 Resolution RECOMMENDATIONS: Staff recommends approval of The Mariana s Long Plat final plat (Exhibits 1-3), creating 7 lots, including two lots with an existing single family residence. Staff recommends that this item be placed on either the regular or consent agenda for the February 6, 2017 City Council meeting. The long plat has been constructed in the same configuration and the same general infrastructure and roadway width as the preliminary plat approved by the Ferndale City Council. The plat is consistent with that approval, and this is the final step for the City Council in this process. OVERVIEW: The Preliminary Plat for Mariana s, consisting of 7 lots was approved by the City Council on January 6, 2015 (see attached City Council Notice of Decision Exhibit 4). The Public Works Director has indicated that infrastructure improvements have been substantially completed, or will be bonded 1 for prior to final plat recordation. FEES: The applicant will be required to pay recording fees listed below prior to recording the final plat. Note that fees are subject to change and are not vested until paid: Traffic Mitigation Fee (Option 1 paid in full) $ 15,000 Current Fee - $3,000 per lot for 5 lots* Credit is provided to two existing single family homes Traffic Mitigation Fee (Option 2 Developers ½) $7, Per City standards, the applicant may post a bond or financial surety (such as an Assignment of Savings, or AOS). 50

2 Current Fee - $ 1, per lot for 5 lots Park Impact Fee (Option 1 paid in full) Current Fee - $1, per lot for 5 lots Park Impact Fee (Option 2 Developers ½) Current Fee - $ per lot for 5 lots Storm Sewer Mitigation (Option 1 & 2) paid in full: ½ payment option not available $8, $4, $2, Note: this storm fee includes the square footage of the lot area and the right of way dedication totaling 54,568 square feet. School Impact Fees (Option 1 paid in full to Ferndale School District) Current Fee: $1,100 per lot School Impact Fees (Option 2 Developer s ½ paid to Ferndale School District) Current Fee: $ per lot $5, $3, PROCESS: The applicant desires City approval of the Final Plat, which is necessary before the Plat can be recorded, lots sold, and single-family building permits issued. The Subdivision Administrator and Public Works Director reviewed the Final Plat for a recommendation per Section of the Ferndale Municipal Code. The Ferndale Municipal Code vests the City Council with the authority to make a formal determination as to whether all of the requirements of the Preliminary Plat have been met. It is not the purpose of this meeting to reconsider issues or questions that were previously decided by the approval of the Preliminary Plat. The review of the Council must focus on the issue of whether the conditions of the Preliminary Plat have been, or will be satisfied subject to conditions of approval. This is not a Public Hearing, although the Council may ask clarifying questions of staff or the applicant if it so chooses. After considering the materials provided, and the status of the improvements at the site, the Plat Administrator and the Public Works Director recommend APPROVAL of the Final Plat Application. The approval would defer recordation until such time as the remaining items on the Public Works punchlist are completed to the satisfaction of the Department of Public Works. Staff recommends that if the City Council approves the project, the approval be subject to the Conditions of Final Plat Approval at the end of this report. 51

3 OUTSTANDING ISSUES Any preliminary plat conditions not listed below have been satisfied by the applicant. Public Works Department Requirements The Public Works Inspector has prepared a punch list for the project and provided a copy to the applicant. Many of the items on the punch list have been addressed, but a variety of items are likely to be outstanding after re-inspection, and those will be resolved or bonded for prior to the City signing final mylars and allowing recordation of the plat. A memo from Kevin Renz, Public Works Director, stating that the project is significantly complete is attached as Exhibit 5. Community Development Department Requirements The Community Development Department will require that the applicant follow the recommendations listed below prior to final plat approval. STAFF RECOMENTDATIONS Public Works Director s Recommendation The Public Works Director and the Public Works Inspector were consulted regarding the state of infrastructure. Both have indicated that the physical infrastructure for the project is complete, and only minor items still remain. Based on the status of the project, the Public Works Director recommends APPROVAL of the proposed Final Plat. Plat Administrator s Recommendation The Plat Administrator has indicated that major requirements have been met and that minor requirements such as red lines to the final plat document and Covenants Codes and Restrictions (CC&Rs) remain. Therefore, the Plat Administrator also recommends APPROVAL of the proposed Final Plat. The Public Works Director and the Plat Administrator further recommend that any approval of the Final Plat be subject to the following conditions: FINAL PLAT CONDITIONS OF APPROVAL 1. Items on the Public Works inspection punch list and in the memorandum from Kevin Renz, dated January 17, 2017 shall be completed consistent with the City of Ferndale Development Standards and to the satisfaction of the Public Works Department prior to recordation of the Final Plat, including bonding. 2. A land surveyor shall certify in writing under his seal that all monuments and lot corners indicated on the plat have been set. No street maintenance bonds shall be released until the City has received the certification. 3. All conditions listed on the Notice of Decision dated January 6, 2015 shall be conditions of the final plat approval. 52

4 4. As common with final plat applications, minor changes are required to reflect as built conditions form construction such as easement changes, labeling and plat notes and redlines to CC&Rs. Not every red line change is listed in these conditions as the changes are mainly housekeeping and can be processed administratively. CONCLUSION: Staff recommends approval with the conditions noted above for this final plat. 53

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7 EXHIBIT 2 NE Open Str eetmap( an d) c o n tr ibuto r s,ccbysa AUGUSTINE TA VIS GARDIN City Limits ER SubjectPr o per ties Pr o ject: Mar ian a s Fin alpl at-aer ial Addr ess:5945vistadr ive Par cel : Feet MapPr in tdate:j an uar y 17,2017 O DISCLAIMER: USE OF THIS MAP IMPLIES THE USER'S AGREEMENT WITH THE FOLLOWING STATEMENT: The City of Ferndale disclaims any warranty of merchantability or warranty of fitness of this map for any particular purpose, either express or implied. No representation or warranty is made concerning the accuracy, currency, completeness or quality of data depicted on this map. Any user of this map assumes all responsibility for use thereof, and further agrees to hold the City of Ferndale harmless from and against a ny damage, loss, or liability arising from any use of this map. 56

8 EXHIBIT 3 NE OpenS treetmap ( and ) c ontributors,ccbys A AUGUSTINE TA VIS GARDIN City Limits ER S ubjec tproperties RS 8S ingl efamil y Dw el l ingzone Projec t: Mariana s FinalPl at-aerial Ad d ress:5945vistadrive Parc el : Feet Map PrintDate:J anuary 17,2017 O DISCLAIMER: USE OF THIS MAP IMPLIES THE USER'S AGREEMENT WITH THE FOLLOWING STATEMENT: The City of Ferndale disclaims any warranty of merchantability or warranty of fitness of this map for any particular purpose, either express or implied. No representation or warranty is made concerning the accuracy, currency, completeness or quality of data depicted on this map. Any user of this map assumes all responsibility for use thereof, and further agrees to hold the City of Ferndale harmless from and against a ny damage, loss, or liability arising from any use of this map. 57

9 NOTICE OF DECISION DATE OF NOTICE OF DECISION: January 9, 2015 APPLICANT: PROJECT LOCATION: PROJECT DESCRIPTION: HEARING EXAMINER DECISION: Ramon Llanos, LDES Located at the northwest intersection of Vista Drive and Gardiner Drive, currently addressed as 5945 and 5959 Vista Drive and including Assessor Tax Parcel Numbers and The applicant requests approval of a seven-lot residential preliminary plat, including the preservation of two existing single family residences. The applicant requests variances to reduce minimum lot and private roadway width. The proposal is exempt from SEPA environmental reviews. Approval with conditions (attached) DATE OF DECISION: January 6, 2015 APPEAL PERIOD: CONTACT: Information related to requests for reconsideration and/or appeals by parties of record may be found in Sections of the Ferndale Municipal Code. Jori Burnett, Community Development Director P.O. Box 936 Ferndale, WA (360) The Hearing Examiner made his decision after consideration of written comments and verbal testimony presented at the public hearing; and the recommendations of the Ferndale City staff as presented in the staff report. 58

10 The Hearing Examiner based his decision on the Findings of Fact and Conditions of Approval contained on the following pages: FINDINGS OF FACT See attached Hearing Examiner Decision CONDITIONS OF APPROVAL 1. Once action on the Preliminary Plat is taken by the City Council, the Plat map shall be revised to include any revisions or additions imposed by Council or noted in the Conditions of Approval. Five copies of the revised Preliminary Plat shall be submitted to the City for approval. One stamped copy of the approved Preliminary Plat will be returned to the applicant. 2. The approved Preliminary Plat does not authorize any construction. Construction plans must be submitted and approved by the City as required in the City Development Standards. 3. Any earthwork, drainage, utilities, or other construction must be designed and carried out in accordance with city standards, to the satisfaction of the Public Works Director, and in accordance with Department of Ecology guidelines (where applicable). 4. If significant modifications to the preliminary plat are identified during the course of civil review (impacting variance requests, the location of the private drive, location of the stormwater facility, etc.), the Hearing Examiner may be required to re-review the proposal. 5. A complete set of engineered construction drawings shall be submitted with a Land Disturbance Permit Application and approved for the development prior to start of any construction. The initial submittal shall include a final comprehensive stormwater management plan and an erosion and sediment control plan. 6. A full review of the stormwater report will be conducted following submittal of full civil drawings. The project drainage system is to be designed to comply with the 2005 or most recently adopted Department of Ecology stormwater standards, and must be approved by the Public Works Department. 59

11 Full review will occur at the time civil plans are submitted. Should this review result in conclusions that the drawings proposed to deviate from the City s standards, re-submittal shall be required and/or a variance request shall be submitted. Should earthwork required by civil improvements exceed 1,000 cubic yards or should trigger SEPA environmental review, a SEPA Checklist shall be prepared by the Applicant prior to issuance of a Land Disturbance Permit. 7. An underground stormwater chamber is proposed in the southeast portion of Lot 1. The City will require that a note be placed on the face of the subdivision and within the private Covenants, Codes and Restrictions documenting the location of this chamber, placing limits (if necessary) on above-ground use of the chamber, and identifying the responsibilities of the Home Owner s Association for the maintenance of the chamber. The revised Preliminary Plat plan shall reflect this requirement. 8. The Applicant shall post one or more signs along the private roadway stating Fire Lane: Do Not Block. 9. The Applicant shall install landscaping and/or fencing along the northern boundary of the roadway in order to establish a visual border between the private road and adjacent properties. 10. The Applicant shall install a physical barrier preventing through access between Augustine Drive and Vista Drive. This access may be designed to provide access between Lot 7 and Vista Drive. 11. The Applicant shall be required to identify the shared responsibilities for cost and maintenance of the private roadway, signs associated with the roadway, required landscaping, and required physical barriers. 12. Adequate fire protection infrastructure, of a type and location approved by the Fire District, shall be included in the civil construction plans. All travel ways shall provide for emergency vehicle access to the satisfaction of the Fire District. No buildings may be constructed until adequate fire flow and emergency access is provided. 13. The Preliminary Plat shall expire after a period of 7 years from the date of approval by the City Council. Submittal of a Final Plat application must 60

12 commence within this time period. A note to this effect shall be placed on the revised Preliminary Plat plan. 14. The plat survey shall be tied to the City of Ferndale Survey Monument Network established in June, If no suitable monuments exist from the aforementioned network then coordinates from the City of Ferndale Existing Monument Location Survey shall be utilized. If no Monumentation from either of the aforementioned surveys can be reasonably utilized, the surveyor may use the best available information as approved by the city. The applicant s engineer/surveyor shall contact the city s GIS/Mapping Specialist to determine which monuments shall be utilized based on the location of the project (the cityapproved monumentation information shall be noted on the revised preliminary plat, and if necessary, the preliminary plat shall be revised to reflect the ties to the appropriate monument network). 15. Traffic impact fees shall be paid ½ at the time a final plat is recorded and half associated with the building permit. A note to this effect shall be shown on the face of the revised Preliminary Plat. 16. Water and sewer connection fees shall be paid at the time of Building Permit issuance for each lot. A note to this effect shall be shown on the face of the revised Preliminary Plat. 17. Park impact fees shall be paid ½ at the time a final plat is recorded and half associated with the building permit. A note to this effect shall be shown on the face of the revised Preliminary Plat. 18. School impact fees shall be paid shall be paid ½ at the time a final plat is recorded and half associated with the building permit. A note to this effect shall be shown on the face of the revised Preliminary Plat. 19. Storm sewer mitigation fees shall be paid prior to recording of the Final Plat. A note to this effect shall be shown on the face of the revised Preliminary Plat. 20. A 5-foot utility easement shall be provided around the perimeter of each lot per City subdivision standards. This requirement shall be reflected on the revised Preliminary Plat. 21. The 10-foot landscaping easement that exists along the southern boundary of the property shall be preserved. 61

13 22. The front, rear and side setback areas shall be shown on the face of the plat, though the dimensions of the setbacks may be excluded. This requirement shall be reflected on the revised Preliminary Plat. 23. Provided the variance request is approved, the rear setback for Lot 1 be clearly shown on the face of the plat, including dimensions. This requirement shall be reflected on the revised Preliminary Plat. 24. The Applicant shall include language within the Covenants, Codes and Restrictions (CC&R s) establishing a Home Owner s Association (HOA) and describing the responsibility of the HOA to maintain the shared stormwater system, including the underground vault as well as the private roadway and associated vegetative buffer servicing the subdivision. The revised Preliminary Plat shall reference the Private CC&R s and HOA. 25. The Applicant shall clearly identify the location of the underground stormwater chamber on the face of the recorded plat and shall include any limitations on the use of the land above the chamber on the face of the final plat. The revised Preliminary Plat plan shall reflect this requirement. 26. Prior to recording the final plat, the applicant shall establish a vegetative buffer between the boundary road and parcels to the north. The revised Preliminary Plat shall reflect this requirement. 27. Within the easement reserved for the proposed boundary road, the Applicant shall reserve an area for a vegetative buffer. The revised Preliminary Plat shall reflect this requirement. 28. Street names and addressing shall be approved by the City of Ferndale prior to Final Plat Approval. 29. The City requests that all recorded plats show the gross and achieved densities on the face of the plat. The revised Preliminary Plat plan shall reflect this requirement. 30. State and Federal approvals, as applicable, shall be evidenced by appropriate permits or other qualifying documentation prior to issuance of any City permit for construction. Responsibility for compliance with other agency requirements shall be solely the Applicant s. 62

14 31. Should archaeological materials (e.g. shell midden, faunal remains, stone tools) or human remains be observed during project activities, all work in the immediate vicinity shall stop, and the area shall be secured. The contractor/owner shall contact the State Office of Archaeology and Historic Preservation (OAHP) at , the Lummi Nation Tribal Historic Preservation Office (LNTHPO) at , and the Nooksack Tribe at in order to help assess the situation and determine how to preserve the resource(s). In the event that the find includes human remains the Ferndale Police Department shall be called immediately at Regarding human remains, the LNTHPO will contact the appropriate tribal repatriation specialists. Compliance with all applicable laws pertaining to archaeological resources is required. 32. The Final Plat, when submitted, shall be consistent with the Approved Preliminary Plat, reflect any and all conditions of approval, and be consistent with Title 17 of the Ferndale Municipal Code, together with City Development Standards. CC: Parties of Record Ramon Llanos, LDES Jori Burnett, Community Development Director Tanya Bell, 2218 Augustine Drive, Ferndale, WA CC: File PP, V 63

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16 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FERNDALE APPROVING A FINAL PLAT FOR MARIANA S LONG PLAT SUBDIVISION WHEREAS, Ramon Llanos, has requested approval of a Final Plat for the Mariana s Long Plat, consisting of seven lots, located at the northwest intersection of Vista Drive and Gardiner Drive, currently addressed as 5945 and 5959 Vista Drive in the RS 8 zone; and; WHEREAS, the City Council approved the preliminary plat on January 6, 2015; and; WHEREAS, in reliance on staff recommendation, the City Council has determined that all conditions of the Preliminary Plat not eligible for bonding will be satisfied prior to recording the final plat; and WHEREAS, the City Council has directed staff to ensure that any outstanding punchlist items are resolved or bonded for prior to recording; and WHEREAS, impact and connection fee credits are provided for the existing single family residence on Lots 1 and 7 of the final plat. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FERNDALE DO RESOLVE: Section 1. That the Ferndale City Council Hereby APPROVES the proposed seven lot Final Plat, Mariana s Long Plat subject to the conditions below: 1. Items on the Public Works inspection punch list and in the memorandum from Kevin Renz, dated January 17, 2017 shall be completed consistent with the City of Ferndale Development Standards and to the satisfaction of the Public Works Department prior to recordation of the Final Plat, including bonding. 2. All conditions listed on the Notice of Decision dated January 6, 2015 shall be conditions of the final plat approval. 3. A land surveyor shall certify in writing under his seal that all monuments and lot corners indicated on the plat have been set. No street maintenance bonds shall be released until the City has received the certification. 65

17 4. As common with final plat applications, minor changes are required to reflect as built conditions form construction such as easement changes, labeling and plat notes and redlines to CC&Rs. Not every red line change is listed in these conditions as the changes are mainly housekeeping and can be processed administratively. APPROVED AND ADOPTED by the City Council of the City of Ferndale in regular session this 17 th day of January 17, ATTEST: Jon Mutchler, MAYOR Susan Duncan, CITY CLERK Date: 66