KLJ Properties, LLC Craig Johnson, Manager. A.S.P.I. Land Serveyors Harley C. Pawley, Surveyor

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1 Council District: 3 Applicant: KLJ Properties, LLC Craig Johnson, Manager Surveyor: A.S.P.I. Land Serveyors Harley C. Pawley, Surveyor Mitigation Category Total Fees Total per Unit Fee Parks & Recreation $31, $1, TSA "D" $60, $2, Mukilteo School District At bldg ermit At bldg permit

2 SNOHOMISH COUNTY COUNCIL Snohomish County, Washington MOTION NO APPROVAL OF THE FINAL PLAT OF AZI LEE ESTATES PHASE (FKA TRESANA ESTATES) PFN FSD WHEREAS, KLJ Properties LLC, a Washington Limited Liability Company, applied to Snohomish County for final plat approval of the plat of Azi Lee Estates Phase I (fka Tresana Estates), PFN FSD; and WHEREAS, the plat consists of 25 lots on 4.67 acres of property located 3915 Serene Way, Lynnwood; and WHEREAS, the preliminary plat was approved by the Hearing Examiner on 06 June 2007, with a Minor Revision dated 14 May 2012; and WHEREAS, the final plat was approved by the Snohomish County Public Works Department, Department of Planning and Development Services, Treasurer, Health District and Fire Marshal; and WHEREAS, the Council reviewed the record on the final plat of Azi Lee Estates Phase I and considered all applicable state laws and county ordinances; NOW, THEREFORE, ON MOTION: Section 1. The Snohomish County Council makes the following findings of fact: 1. Preliminary approval of the plat of Azi Lee Estates Phase I was given by the order of the Hearing Examiner dated 06 June 2007, with a Minor Revision dated 14 May 2012, in file number, PFN FSD, a copy of which is attached hereto and incorporated herein by this reference. 2. The conditions of the preliminary approval found in Hearing Examiner Disposition PFN FSD, have been satisfied. Section 2. The Snohomish County Council makes the following conclusions: 1. Appropriate provisions have been made for the public health, safety, and general welfare. 2. Appropriate consideration has been given to open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks and playgrounds. MOTION NO FINAL PLAT OF AZI LEE ESTATES PHASE (FKA TRESANA ESTATES) PFN FSD Page 1 of 2

3 3. Appropriate consideration has been given to sites for schools and school grounds. 4. Appropriate consideration has been given to the physical characteristics of the proposed final plat. 5. The final plat conforms to all terms of the preliminary plat approval. 6. The final plat meets the requirements of RCW and SCC 30.41A.640 and other relevant codes. 7. The public use and interest will be served by establishment of the subdivision and dedication. Section 3. The Snohomish County Council has determined that the final plat of Azi Lee Estates Phase I has been completed in accordance with RCW and SCC 30.41A.640 and approves the final plat. PASSED this day of, SNOHOMISH COUNTY COUNCIL Snohomish County, Washington Council Chair ATTEST: Asst. Clerk of the Council MOTION NO FINAL PLAT OF AZI LEE ESTATES PHASE (FKA TRESANA ESTATES) PFN FSD Page 2 of 2

4 BEFORE THE SNOHOMISH COUNTY HEARING EXAMINER Hearing Examiner's Office Ed Good Deputy Hearing Examiner DECISION of the DEPUTY HEARING EXAMINER M/S Rockefeller Ave. Everett, WA (425) In the Matter of the Application of ) FAX (425) ) FILE NO SD PHOENIX DEVELOPMENT, INC. ) Preliminary plat for a 30-lot subdivision utilizing lot ) size averaging and a rezone from R-8,400 to R-7,200 ) DATE OF DECISION: June 6, 2007 PLAT/PROJECT NAME: Tresana Estates DECISION (SUMMARY): The requested rezone from R-8,400 to R-7,200 and the proposed 30-lot subdivision are CONDITIONALLY APPROVED. :ci oi ia Dfl1k' LV N GENERAL LOCATION: This project is located at 3915 Serene Way, Lynnwood, Washington. ACREAGE: 6.34 acres NUMBER OF LOTS: 30 AVERAGE LOT SIZE: MINIMUM LOT SIZE: DENSITY: 6,366 square feet 5,000 square feet 4.73 du/ac (gross) 5.98 du/ac (net) ZONING: CURRENT: R-8,400 PROPOSED: R-7, doe

5 UTILITIES: Water/Sewer: Alderwood Water and Wastewater SCHOOL DISTRICT: Mukilteo No. 6 FIRE DISTRICT: No. 7 INTRODUCTION The applicant filed the Master Application on October 11, (Exhibit 1) The Department of Planning and Development Services (PDS) gave proper public notice of the open record hearing as required by the county code. (Exhibits 16, 17 and 18) A SEPA determination was made on February 27, (Exhibit 15) No appeal was filed. The Examiner held an open record hearing on May 23, 2007, the 96th day of the 120-day decision making period. Witnesses were sworn, testimony was presented, and exhibits were entered at the hearing. PUBLIC HEARING The public hearing commenced on May 23, 2007 at 10:02 a.m. The Examiner stated that he had read the PDS staff report, reviewed the file and viewed the area. 2. The applicant, Phoenix Development, Inc., was represented by James Egge of James Egge & Associates. Snohomish County was represented by Paul MacCready and Roxanne Pilkenton, both of the Department of Planning and Development Services. 3. Pre-hearing letters of concern or opposition were filed by residents of 19 vicinity households, including Sam Archer, Monica Atkinson, John and Pam Balch, Kirk Benson, Kathleen Erne, Mark Fussell, John Gahagan, Scott Gettman, Ruth Hanscom, Lori Holmes, Dane R. and Jennifer A. Johnson, Anita Magby, Alan Ostman, James E. and Mary Alice Sanders, Ron Savage, Glenn Shadduck, Debbie and Terry Smith, Daniel Stephens, Eva Wall. Of those, testimony was given by Sam Archer, Mark Fussell, and Dane Johnson. Glenn Shadduck is president and Mark Fussell is vice president of the Lake Serene Community Association. The public concerns focus on vehicular traffic, drainage, and Lake Serene's water quality. The hearing concluded at 11:38 a.m. NOTE: An electronic recording of the complete hearing is available in the Office of the Hearing Examiner

6 FINDINGS OF FACT FINDINGS, CONCLUSIONS AND DECISION Based on all the evidence of record, the following findings of fact are entered. 1. The master list of exhibits and witnesses which is a part of this file and which exhibits were considered by the Examiner, is hereby made a part of this file as if set forth in full herein. 2. The PDS staff report has correctly analyzed the nature of the application, the issues of concern, the application's consistency with adopted codes and policies and land use regulations, and the State Environmental Policy Act (SEPA). That staff report is hereby adopted by the Examiner as if set forth in full herein. 3. The request is for a rezone of 6.34 acres from R-8,400 to R-7,200 in order to construct a 30-lot subdivision using lot size averaging. Average weekday vehicle trips are 264, of which morning peak-hour trips are 21 and p.m. peak-hour trips are The vicinity residents' concerns about vehicular traffic reflects their awareness of the increased traffic in the vicinity in recent years. The vicinity is dotted with residential infill developments which, although often on a small parcel, combine to create a significant density increase and a commensurate traffic increase. For example, the trip generation of this subdivision joins that of existing Serene Ridge and the 38 homes of proposed Travata Heights to raise public concern about traffic impacts on both Serene Way and Lincoln Way, between which the proposed subdivision provides a connection via the internal plat road (Road "A"). The record establishes that when the Mukilteo Speedway was built, Lincoln Way was designated the collector arterial and Serene Way was designated a local access roadway. The Gibson traffic analysis in the record (Exhibit 6) reports that the Lincoln Way/Mukilteo Speedway intersection at the east end of Lincoln Way operates at Level of Service `B". However, some citizens report stacked traffic waiting to pass through that intersection. Lincoln Way is classed an "Urban Collector Arterial" with a 30 miles per hour (mph) posted speed and has a 25 to 32 foot pavement width along the frontage of the proposed development. It has sporadic sidewalks along its length from Beverly Park Road to Highway 525. In contrast, Serene Way is an "Urban Non-Arterial" with a lower posted speed of 25 mph and a narrower pavement width of 22 feet along the frontage of the proposed development. Sidewalks are sporadic. Both roads are straight at the subject site but, elsewhere, Serene Way has more curves than Lincoln Way. Public comments of record assert that both Lincoln Way and Serene Way are overburdened now with daily vehicular trips. Witness Dane Johnson testifies that Lincoln Way traffic backs up in peak hours 600 feet east of Beverly Park Road. Witness Sam Archer points out that when Route 525 was built and, in response, Lincoln Way became an arterial, the public was told that Lincoln Way would be upgraded to carry the heavier load but the upgrade has not occurred. He testifies: "We're not totally managing our growth."

7 8. The DPW reviewed the request with regard to traffic mitigation and road design standards. That review covered Title 13 SCC and Chapter 30.66B SCC as to road system capacity, concurrency, inadequate road conditions, frontage improvements, access and circulation, and dedication/deeding of right-of-way, state highway impacts, impacts on other streets and roads, and Transportation Demand Management. As a result of this review, the DPW has determined that the development is concurrent and has no objection to the requests subject to various conditions. 9. The project would comply with park mitigation requirements under Chapter 30.66A SCC by the payment of $1, for each new single-family home. 10. School mitigation requirements under Chapter SCC have been reviewed and set forth in the conditions. 11. There is a small Category 3 wetland located in the northwest corner of the site. The wetland and associated buffers have been placed in Tract 999. PDS has reviewed the Critical Areas Study and Mitigation Plan and determined that the project complies with the critical areas regulations. 12. Glenn Shadduck is president of the Lake Serene Community Association and a former lake monitor for the County. His letter (Exhibit 31) urges attention to the water quality of Lake Serene in view of the fact that the shallow lake's water quality has been degrading for the past few years. He feels that degradation is primarily due to drainage from nearby development. Mark Fussell is vice president of the same Association and a volunteer water quality monitor for Snohomish County's Surface Water Management Division. He urges that the water quality of Lake Serene not be compromised. (Exhibit32) He notes that he kayaked in his lawn last year for the first time since the floods of 1997, indicating that inflow has been increasing. 13. The Examiner noted at hearing that the Environmental Checklist for the project at page six states: "Chemical treatment of storm water may be implemented in final drainage plans." In response, the applicant's representatives testified that the statement is boilerplate language and is not applicable to this proposal with a lake only feet from the development. There will. be no chemical treatment of storm water. 14. Witness Fussell testifies that the project has been reviewed under the 1992 DOE stormwater drainage manual instead of the more recent 2005 edition soon to be adopted by Snohomish County. The Examiner responded that the project is vested under the 1992 manual. Also, in response to the public concern for the water quality of Serene Lake, a supplemental staff report to the Hearing Examiner submitted on the day of the hearing amended the County's recommendations to require low-impact development frontage improvements on Serene Way across the entirety of the subject development. (See Condition D.ii below.) 15. The PDS Engineering Division has reviewed the concept of the proposed grading and drainage and recommends approval of the project subject to conditions, which would be imposed during full detailed drainage plan review pursuant to Chapter 30.63A SCC. 16. The Snohomish County Health District has no objection to this proposal provided that public water and sewer are furnished. Public water and sewer service will be available for this development through the Alderwood Water & Waterway District (Exhibit 42) doc 4

8 17. The Urban Medium Density Residential designation covers various sub-area plan designations which allow a, combination of detached homes on small lots, townhouses, and apartments in low density, multifamily residential developments. Land in this category may be developed up to a maximum density of twelve dwelling units per acre. The requested rezone will be consistent with the General Policy Plan designation of the property. 18. The proposed use (single-family detached development) is essentially compatible with existing singlefamily detached developments on larger lots. Because the property is within a UGA, where policies promote urban densities of development, a comparison with the present lower density character of much of the area is inappropriate since the present density of development in much of the surrounding area is inconsistent with both the adopted comprehensive plans and the present zoning. 19. The request complies with the Snohomish County Subdivision Code, Chapter A SCC as well as the State Subdivision Code, RCW The proposed plat complies with the established criteria therein and makes the appropriate provisions for public, health, safety and general welfare, for 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 other planning features including safe walking conditions for students. 20. Chapter 30.42A covers rezoning requests and applies to site-specific rezone proposals that conform to the Comprehensive Plan. The decision criteria under SCC 30.42A.100 provides as follows: The hearing examiner may approve a rezone only when all the following criteria are met: (1) the proposal is consistent with the comprehensive plan; (2) the proposal bears a substantial relationship to the public health, safety, and welfare; and (3) where applicable, minimum zoning criteria found in Chapters 30.31A through 30.31F SCC are met. It is the finding of the Examiner that the request meets these requirements and should be approved. 21. The proposal has been evaluated by PDS for compliance with the lot size averaging provisions of SCC A.240 and SCC This proposal is consistent with these provisions. 22. The request is consistent with Section SCC (Section SCC), which requires, pursuant to RCW 36.70B.040, that all project permit applications be consistent with the GMACP, and GMAbased county codes. 23. Any finding of fact in this decision which should be deemed a conclusion is hereby adopted as such. CONCLUSIONS OF LAW Based on the findings of fact entered above, the following conclusions of law are entered doc

9 The Examiner having fully reviewed the PDS staff report, as amended, hereby adopts said staff report as properly setting forth the issues, the land use requests, consistency with the existing regulations, policies, principles, conditions and their relationship to the request. It is therefore hereby adopted by the Examiner as a conclusion as if set forth in full herein, in order to avoid needless repetition. There are no changes to the recommendations of the report as amended by the second supplemental staff report. 2. The Department of Public Works recommends that the request be approved as to traffic use subject to conditions specified below herein. The request is consistent with the (1) GMACP, GMA-based County codes, (2) the type and character of land use permitted on the site, (3) the permitted density, and(4) the applicable design and development standards. The request is for a rezone and therefore must comply with Chapter 30.42A. This is a site specific rezone that conforms to the Comprehensive Plan. Because no evidence was submitted of non-compliance with the requirements of Chapter 30.42A, the project is presumed to meet those requirements. The request complies with the Snohomish County Subdivision Code, Chapter 30.41A SCC (Title 19 SCC) as well as the State Subdivision Code, RCW The proposed subdivision complies with the established criteria therein and makes the appropriate provisions for public, health, safety and general welfare, for 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 other planning features including safe walking conditions for students. Any conclusion in this decision which should be deemed a finding of fact is hereby adopted as such. Based on the findings of fact and conclusions of law entered above, the decision of the Hearing Examiner on the application is as follows: The requests for a preliminary plat for a 30-lot subdivision utilizing lot size averaging provisions and for a rezone from Residential-8,400 to Residential-7,200 are hereby CONDITIONALLY APPROVED, subject to the following conditions: CONDITIONS: A. The preliminary plat received by PDS on March 2, 2007, (Exhibit 13A and 13B) shall be the approved plat configuration. Changes to the approved plat are governed by SCC 30.41A.330. B. Prior to initiation of any further site work; and/or prior to issuance of any development/construction permits by the county: All site development work shall comply with the requirements of the plans and permits approved pursuant to Condition A, above doc

10 ii. The plattor shall mark with temporary markers in the field the boundary of all Native Growth Protection Areas (NGPA) required by Chapter SCC, or the limits of the proposed site disturbance outside of the NGPA, using methods and materials acceptable to the county. C. The following additional restrictions and/or items shall be indicated on the face of the final plat: "The lots within this subdivision will be subject to school impact mitigation fees for the Mukilteo School District No. 6 tp be determined by the certified amount within the Base Fee Schedule in effect at the time of building permit application, and to be collected prior to building permit issuance, in accordance with the provisions of SCC 30.66C.010. Credit shall be given for 6 existing parcels. Lots I through 6 shall receive credit." ii. iii. "A temporary 80 foot diameter cul-de-sac easement will be constructed and dedicated to the county and will remain in place until such time Snohomish County deems connection to Serene Way is needed. At that time, the easement will automatically be abandoned." Chapter 30.66B SCC requires the new lot mitigation payments in the amounts shown below for each single-family residential building permit: $2, per lot for mitigation of impacts on County roads paid to the County, These payments are due prior to or at the time of building permit issuance for each single-family residence. Notice of these mitigation payments shall be contained in any deeds involving this subdivision of the lot(s) therein. Once building permits have been issued all mitigation payments shall be deemed paid by PDS. iv. All Critical Areas shall be designated Native Growth Protection Areas (NGPA) (unless other agreements have been made) with the following language on the face of the plat; "All NATIVE GROWTH PROTECTION AREAS shall be left permanently undisturbed in a substantially natural state. No clearing, grading, filling, building construction or placement, or road construction of any kind shall occur, except removal of hazardous trees. The activities as set forth in SCC 30.91N.010 are allowed when approved by the County." v. The developer shall pay the County $1, per new dwelling unit as mitigation for parks and recreation impacts in accordance with Chapter 30.66A SCC; provided, however, the developer may elect to postpone payment of the mitigation requirement until issuance of a building permit for that lot. The election to postpone payment shall be noted by a covenant placed on the face of the recorded plat and included in the deed for each affected lot within the subdivision. D. Prior to recording of the final plat: ii. Urban standard frontage improvements shall have been constructed on Lincoln Way along the length of the property's frontages and on the interior roads within the plat to the specifications of the Department of Public Works. In order to minimize impacts to Serene Lake and the surrounding area, low-impact development frontage improvement requirements across the entirety of the subject development on Serene Way shall be implemented as follows: doc 7

11 a) The existing porous concrete walkway shall remain in place and be repaired and replaced as necessary; b) Enhance the ditch or area between the vehicular travel way and the pedestrian path with rain garden vegetation that will not exceed 18 inches in height. Amend soils with compost before planting and recommendations for this are in the Puget Sound Action Team LID manual; c) Approaches will be constructed from the edge of the vehicular travel way to the right-of-way line with porous cement concrete pavement to specifications that will support the expected loads. iii. iv. A pedestrian walkway shall have been constructed to the standards approved by the Department of Public Works from the plat's eastern property line to the west end of the existing concrete sidewalk that is located 130 feet east of the plat Bonding for improvements is an acceptable alternative to construction prior to recording where allowed by PDS. Where bonding is allowed, such construction must be completed, inspected and approved by PDS prior to occupancy. v. Native Growth Protection Area boundaries (NGPA) shall have been permanently marked on the site prior to final inspection by the county, with both NGPA signs and adjacent markers which can be magnetically located (e.g.: rebar, pipe, 20 penny nails, etc.). The plattor may use other permanent methods and materials provided they are first approved by the county. Where an NGPA boundary crosses another boundary (e.g.: lot, tract, plat, road, etc.), a rebar marker with surveyors' cap and license number must be placed at the line crossing. NGPA signs shall have been placed no greater than 100 feet apart around the perimeter of the NGPA. Minimum placement shall include one Type I sign per wetland, and at least one Type I sign shall be placed in any lot that borders the NGPA, unless otherwise approved by the county biologist. The design and proposed locations for the NGPA signs shall be submitted to the Land Use Division for review and approval prior to installation. E. All development activity shall conform to the requirements of Chapter 30.63A SCC. Nothing in this permit/approval excuses the applicant, owner, lessee, agent, successor or assigns from compliance with any other federal, state or local statutes, ordinances or regulations applicable to this project. Preliminary plats which are approved by the county are valid for five (5) years from the date of approval and must be recorded within that time period unless an extension has been properly requested and granted pursuant to SCC 30.41A.300. Decision issued this 6th day of June, Ed Good, Deputy Hearing Examiner doc

12 EXPLANATION OF RECONSIDERATION AND APPEAL PROCEDURES The decision of the Hearing Examiner is final and conclusive with right of appeal to the County Council. However, reconsideration by the Examiner may also be sought by one or more parties of record. The following paragraphs summarize the reconsideration and appeal processes. For more information about reconsideration and appeal procedures, please see Chapter SCC and the respective Examiner and Council Rules of Procedure. Reconsideration Any party of record may request reconsideration by the Examiner. A petition for reconsideration must be filed in writing with the Office of the Hearing Examiner, 2 d Floor, County Administration-East Building, 3000 Rockefeller Avenue, Everett, Washington, (Mailing Address: M/S #405, 3000 Rockefeller Avenue, Everett WA 98201) on or before JUNE 18, There is no fee for filing a petition for reconsideration. "The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties of record on the date of filing." [SCC A petition for reconsideration does not have to be in a special form but must: contain the name, mailing address and daytime telephone number of the petitioner, together with the signature of the petitioner or of the petitioner's attorney, if any; identify the specific findings, conclusions, actions and/or conditions for which reconsideration is requested; state the relief requested; and, where applicable, identify the specific nature of any newly discovered evidence and/or changes proposed by the applicant. The grounds for seeking reconsideration are limited to the following: (a) (b) (c) (d) (e) (f) The Hearing Examiner exceeded the Hearing Examiner's jurisdiction; The Hearing Examiner failed to follow the applicable procedure in reaching the Hearing Examiner's decision; The Hearing Examiner committed an error of law; The Hearing Examiner's findings, conclusions and/or conditions are not supported by the record; New evidence which could not reasonably have been produced and which is material to the decision is discovered; or The applicant proposed changes to the application in response to deficiencies identified in the decision. Petitions for reconsideration will be processed and considered by the Hearing Examiner pursuant to the provisions of SCC Please include the County file number in any correspondence regarding this case. Appeal An appeal to the County Council may be filed by any aggrieved party of record. Where the reconsideration process of SCC has been invoked, no appeal may be filed until the reconsideration -petition has been disposed of by the hearing examiner. An aggrieved party need not file a petition for reconsideration but may file an appeal directly to the County Council. If a petition for reconsideration is filed, issues subsequently raised by that party on appeal to the County Council shall be limited to those issues raised in the petition for reconsideration. Appeals shall be addressed to the Snohomish County Council but shall be filed in writing with the Department of Planning and Development Services, 2" d Floor, County Administration-East Building, 3000 Rockefeller Avenue, Everett, Washington (Mailing address: M/S #604, 3000 Rockefeller Avenue, Everett, WA 98201) on or before JUNE 20, 2007 and shall be accompanied by a filing fee in the amount of five hundred dollars ($500.00); PROVIDED, that the filing fee shall not be charged to a department of the County or to other doc 9

13 than the first appellant; and PROVIDED FURTHER, that the filing fee shall be refunded in any case where an appeal is dismissed without hearing because of untimely filing, lack of standing, lack of jurisdiction or other procedural defect. [SCC ] An appeal must contain the following items in order to be complete: a detailed statement of the grounds for appeal; a detailed statement of the facts upon which the appeal is based, including citations to specific Hearing Examiner findings, conclusions, exhibits or oral testimony; written arguments in support of the appeal; the name, mailing address and daytime telephone number of each appellant, together with the signature of at least one of the appellants or of the attorney for the appellant(s), if any; the name, mailing address, daytime telephone number and signature of the appellant's agent or representative, if any; and the required filing fee. The grounds for filing an appeal shall be limited to the following: (a) (b) (c) (d) The decision exceeded the Hearing Examiner's jurisdiction; The Hearing Examiner failed to follow the applicable procedure in reaching his decision; The Hearing Examiner committed an error of law; or The Hearing Examiner's findings, conclusions and/or conditions are not supported by substantial evidence in the record. [SCC ] Appeals will be processed and considered by the County Council pursuant to the provisions of Chapter SCC. Please include the County file number in any correspondence regarding the case. Staff Distribution: Department of Planning and Development Services: Ed Caine (Roxanne Pilkenton) The following statement is provided pursuant to RCW 36.70B.130: "Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation." A copy of this Decision is being provided to the Snohomish County Assessor as required by RCW 36.70B doc 10

14 DECISION of SNOHOMISH COUNTY Snohomish County Planning & Development Services M/S # Rockefeller Avenue (425) May 14, 2012 Cascade View, Inc. Jeff Whitney 620 SE Everett Mall Way, Suite 360 Everett, WA Dear Mr. Whitney, On February 29, 2012 an application was made for a minor revision to the Decision of the Hearing Examiner for the preliminary plat of Treseana Estates. This project has since been renamed to Azi Lee Estates Phase 1 and will be referred to as such from this point forward. The Hearing Examiner Decision for the proposal was issued June 6, This minor revision request consists of a revision to the subdivision boundary and reduction of lot yield from 30 to 25. The proposed lots have been renumbered to account for the revision and slight property line adjustments have been made to new lots 1 through 13. Findings and Conclusions: 1. Tax parcel number is no longer included within the subject subdivision boundary. A signed notarized waiver has been received from the owner of this parcel indicating the release of parcel from the subject subdivision. 2. The removal of tax parcel number decreases the project area to 4.67 acres. This necessitates the reduction of the lot yield to 25 lots. 3. The previously shown stub road to tax parcel number has been eliminated. This parcel is not dependent on access by the proposed subdivision and has an existing access off Serene Way SD Thursday, May 10, 2012 Page 1

15 4. The impact fee for this proposal is based on the new average daily trips (ADT) generated by 25 new lots/homes, which is 9.57 ADT/SFR. This rate comes from the 7 t" Edition of the ITE Trip Generation Report. The development will generate new ADT and has a road system capacity impact fee of $60, ($2,427.46/lot) based on $267/ADT. These figures include credit for on-site TDM measures, since an approved TDM plan has been submitted. This impact fee must be paid in accordance with the provisions of SCC 30.66B.340 for each single family residence. Trips ADT AM PHT PM PHT Calculations (25 New SFRs) x (9.57 ADT/SFR) x (0.95) = ADT (25 New SFRs) x (0.75 AM PHT/SFR) x (0.95) = AM PHT (25 New SFRs) x (1.01 PM PHT/SFR) x (0.95) = PM PHT 5. The County Traffic Engineer verified that the barricade shall remain in effect at this time so that all access to the lots in the development is to and from Lincoln Way. Access to vehicles shall be restricted from Serene Way until such time that DPW determines the barricade can be removed to permit access to and from Serene Way 6. The proposed revision conforms to lot size averaging provisions as required by SCC and the requirements set forth by the Hearing Examiner decision dated June 6, Number of Lots = 25 Gross Site Area = 234,046 square feet Net Site Area= 161,581 Net Density= 6.74 DU/Ac Area in Lots= Area in Tracts= Total= 154,968 square feet 28,822 square feet 183,790 square feet 183,790 square feet/25 Lots= 7,352 average square footage per lot Average Lot Size= Smallest Proposed Lot = 7,352 square feet 5,000 square feet 7. The requested minor revision to the plat of Azi Lee Estates Phase 1 is in compliance with the regulatory requirements SD May 6, 2012 Page 2

16 DECISION ON BEHALF OF THE EXECUTIVE BRANCH, dated May 14, After reviewing the details of the submitted documents, including the revised preliminary plat, the request for minor revision to the preliminary plat of Azi Lee Estates Phase 1 is APPROVED with conditions. The revised preliminary plat received by Planning and Development Services on February 29, 2012 shall be the approved plat configuration. The following conditions are revised from the June 6, 2007 Hearing Examiner decision as indicated. REVISED CONDITIONS: CONDITIONS A. The preliminary plat received by PDS on February 29, 2012 March 2, (Exhibit 3A and 13B) shall be the approved plat configuration. Changes to the approved plat are governed by SCC 30.41A.330. C. The following additional restrictions and/or items shall be indicated on the face of the final plat: "A temporary 80 foot diameter cul-de-sac in a temporary easement will be constructed and dedicated to the county and will remain in place until such time Snohomish County deems connection to Serene Way is needed. At that time, the easement will automatically be abandoned." iii. Chapter 30.66B SCC requires the new lot mitigation payments in the amounts shown below for each single-family residential building permit: $2, per lot for mitigation of impacts on County roads paid to the County, These payments are due prior to or at the time of building permit issuance for each single family residence. Notice of these mitigation payments shall be contained in any deeds involving this subdivision of the lot(s) therein. Once building permits have been issued all mitigation payments shall be deemed paid by These payments are due in accordance with the provisions of SCC 30.66B.340 for each single family residence. D. Prior to recording of the final plat: vi Removable bollards shall have been installed for emergency access across Road A (39 th Place West) at the intersection with Serene Way SD May 6, 2012 Page 3

17 vii. The minimum required fire flow for this project has been determined to be 1,000 GPM at 20 psi for a 2-hour duration. Prior to final plat approval, in order to assure consistency with the applicable provisions of Snohomish County Code 30.53A.520 (16), the developer shall provide the required fire hydrants and written confirmation from the water purveyor that the minimum required fire flow of 1,000 GPM at 20 psi for a 2- hour duration can be provided. If the required fire flow cannot be provided the new dwellings shall be provided with NFPA 13-D fire suppression systems and the following placed as a condition on the face of the final plat; "If there are dwellings proposed that exceed 3,600 square feet the required fire flow shall be determined using Appendix B of the 2009 edition of the International Fire Code." viii. Fire flow and fire hydrants shall be Drovided in accordance with Snohomish County Code 30.53A.514 through 30.53A Fire hydrants serving singlefamily dwellings shall have a maximum lateral spacing of 600 feet with no lot or parcel in excess of 300 feet from a hydrant. Hydrant locations shall be depicted on the face of the plat, and locations for new hydrants shall be approved by this office. The following requirements shall apply to the installation of any required hydrant: a. Four (4) inch storz type steamer port fittings shall be provided on new hydrants. b. The top(s) of the hydrant(s) shall be coloredr g een. c. Install blue street reflector(s) on the hydrant side of centerline to indicate hydrant location(s). No other conditions contained in the June 6, 2007 Hearing Examiner decision issued for the plat of Azi Lee Estates Phase 1 are modified by this decision. If you have any questions, please do not hesitate to contact me at (425) ext Sincerely, Stacey Abbott Senior Planner SD May 6, 2012 Page 4

18 LOG NUMBERS BGT. / CEO XVII I k J J JIA!Ii i]t1!ki MANAGEMENT ROUTING: TO: COUNCIL CHAIRPERSON: EXECUTIVE Aaron G. Reardon SNOHOMISH COUNTY COUNCIL EXEC. DIR. Brian Parry I)IRFCTOR/I1 LECTED Clay White '-- EXIjCUTIVE RECOMMENDATION: DEPARTMENT Planning & Dev Serv. Approve No Recommendation DIV. MGR. Thomas Rowe Further Processing DIVISION Division Manager Requested By ORIGINATOR Stephen Fesler DATE EXI 2844 E.ecutie Ott ice gnatc CEO Staff Review Received at Council Office DOCUMENT TYPE: BUDGET ACTION: GRANT APPLICATION Emergency Appropriation ORDINANCE Supplemental Appropriation Amendment to Ord. # Budget Transfer PLAN CONTRACT: X OTHER Motion to Approve New Amendment DOCUMENT / AGENDA TITLE: Motion to approve the final plat of Azi Lee Estates Phase I (afk Tresana Estates) File Number: FSD APPROVAL AUTHORITY: EXECUTIVE COUNCIL X CITE BASIS SCC 3041A.640 HANDLING: NORMAL X EXPEDITE URGENT DEADLINE DATE PURPOSE: Final Plat Approval BACKGROUND: Plat Name: Azi Lee Estates Phase I (afk Tresana Estates) Location: 3915 Serene Way, Lynnwood General Policy Plan: Urban Medium Density Residential Zoning: R-7200 Acreage: 4.67 Number of Lots: 25 Average Lot Size: 6,180 sf Hearing Examiner Approval: 06 June 2007 with a Minor Revision dated 14 May 2012

19 FISCAL IMPLICATIONS: EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU CURRENT YR 2ND YR I ST 6 YRS TOTAL 0 REVENUE: FUND, AGY, ORG, REV, SOURCE CURRENT YR 2ND YR IST 6 YRS DEPARTMENT FISCAL IMPACT NOTES: TOTAL 0 r BUDGET REVIEW: Analyst T... Administrator Recommend Approval CONTRACT INFORMATION: ORIGINAL CONTRACT # AMENDMENT CONTRACT # CONTRACT PERIOD: ORIGINAL, AMENDMENT Start Start CONTRACT / PROJECT TITLE: End End AMOUNT AMOUNT 0 CONTRACTOR NAME & ADDRESS (City/State only): APPROVED: RISK MANAGEMENT Yes No, ' e COMMENt S PROSECUTING ATTY - As TO FORM: Yes No OTHER DEPARTMENTAL REVIEW / COMMENTS: ELECT1 i NIC. ATTA I MENTS : (List & inc de path &,,, dename for each e g. G:AECAF\deptname\docname Motion) G:\EcaFdepftJ 1 [C,1F1, G-.AEcat\dept\05_pds\-Azi Lcc I-(rite Ph- - --Motibn; G:AEcaf\dept O..-_pds.Azi Lee EsLatcs Eli 1 Chcckiist; G:AEcat\dept\0S pds\azi ice I. taus -Ph.I_I-IE-Dec-ision; G:\Ecaf\dept.\O-S -jdd,, ;\n Lee 1'h I M-i-nor Revision NON-ELECTRONIC ATTACHMENTS: " Final Plat Mylar, Vicinity Map '

20 PLAT NAME: File Number: Azi Lee Estates Phase I FSD Date Completed 1. Current Plat Name Reservation Letter 15 March Health District Approval Memo 14 January Sewer Purveyor Approval Letter 4 January Water Purveyor Approval Letter 4 January PUD Approval Letter 13 February Surveyor's Seal (on bluelines/mylar) 6 February Treasurer's Signature (on mylar) 20 February DPW Signature (on mylar) 20 February Fire Marshall Approval Memo 19 February Site Visit (planner) 08 February Concurrency Expires: 06 December $2, per lot shall be paid to County for road impacts. Deferred 13. All critical areas shall be designated NGPA and shall be permanently marked in the field no greater than 100' apart. 22 January $1, per new dwelling unit shall be paid to the County for park impacts. iiiiii 15. Removable bollards shall have been installed for emergency access across Road A (39th Place West) at the intersection with Serene Way. 22 January Frontage improvements shall have been constructed. 22 January 2013

21 17. Frontage improvements for Serene Lake impacts include porous concrete walkway, enhanced ditch/rain garden, and approaches shall be porous concrete, and shall be installed. k'4'ia iiii i K] 18. Pedestrian walkways shall have been constructed. 22 January Bonding is allowed, but construction must be approved prior to occupancy. 22 January All development shall conform to Chapter 30.63A SCC. 22 January 2013 COUNTY SIGNATURES I certify that all con itio of appovi have been met; those not met are bonded: NAME: 7 DATE: Azi Lee Estates Phase PFN: FSD Page 2

22 Exhibit Number: 8 PFN: SD