PRJ2006 00098 Walnut Meadow by eMEU65

VIEWS: 5 PAGES: 29

									                BEFORE THE LAND USE HEARINGS EXAMINER
                   CITY OF VANCOUVER, WASHINGTON

REGARDING   THE APPLICATION OF A                  )                 FINAL ORDER
PRELIMINARY PLAT FOR A 19-LOT SINGLE-             )
FAMILY TIER I INFILL SUBDIVISION ON A             )                WALNUT MEADOW
2.48-ACRE SITE IN THE R-9 ZONING                  )            PRJ2006-00098/PLD2006-
DISTRICT IN THE CITY OF VANCOUVER,                               00051/SEP2006-00081/
                                                  )
CLARK COUNTY, WA.
                                                  )            ENG2006-00156/CON2006-
                                                  )              00134/TRE2006-00139



                             APPROVED WITH CONDITIONS


                                     INTRODUCTION

The applicant proposes to develop a 2.48-acre site into 19 single-family lots within the R-9
Zoning District using the Tier 1 Infill Standards. The project will provide new low density
urban housing opportunities within the City of Vancouver. As part of this project, any
outbuildings located on the site would be removed. This project would extend NE 51st Street to
the east and provide a road extending south from NE 51st Street. This project will also
facilitate circulation to the east by extending NE 51st Street to future Cedar Hollow
subdivision. All adjacent land uses are single-family residential zoned R-9.

Location                      Between NE 49th Street and NE 53rd Street and west of
                              proposed NE 29th Avenue. Tax Lot 149498-000, located in the
                              NE Quarter of Section 14, Township 2N, Range 1E of the
                              Willamette Meridian

Applicant                     V and P Development, LLC
                              608 NE 139th Street
                              Vancouver, WA 98685

Property Owner                Samuel A. Vilhauer, Et al
                              11204 SW 37th Court
                              Vancouver, WA 98685

Zoning                        R-9 (Low Density Residential)

Comp Designation              UL (Urban Low Density)

SEPA determination            DNS issued 12/01/06
                             APPLICABLE REGULATIONS

Vancouver Municipal Code
VMC Chapters 11.80 Street Standards; 11.90 Transportation; 14.04 Water and Sewer Use
Regulations; 14.16 Water and Sewer Service Connections; 14.24 Erosion Control;
14.25 Stormwater Control; 16.04.160 Water Supply and Fire Hydrants; 16.04.150 Fire
Apparatus Access; 16.04.170 through 16.04.210 Fire Protection Systems; 16.04.010
Premises Identification; 20.210 Decision-Making Procedures; 20.320 Subdivisions; 20.915
Impact Fees; 20.770 Tree Conservation; 20.410 Low Density Residential Districts; 20.925
Landscaping and Open Storage; 20.945 Parking and Loading; and 20.790 State
Environmental Policy Act Regulations.

Public Works Publications
General Requirements & Details for Water Main Construction
General Requirements & Details for Sewer Main Construction

Other
RCW 58.17
Manual on Uniform Traffic Control Devices


                                  HEARING AND RECORD

The Public Hearing on this matter was held on February 20, 2007 and the record was closed
at the end of the hearing. Exhibits and testimony received into the record are filed at the City
of Vancouver Development Review Services.

The Examiner has conducted an unaccompanied site visit prior to the Hearing.

Pre-Hearing Comment:
Letter from Southwest Clean Air Agency dated March 3, 2006, regarding asbestos inspection
for any demolition or renovation of structures on the site (Exhibit 12). As a result prior to
demolition, alteration or renovation of a structure, a thorough AHERA survey must be
conducted by certified personnel in order to ascertain the presence of Asbestos-Containing
Material (ACM) in all effected areas. A copy of the AHERA Asbestos Survey must be posted
for viewing at the project site and submitted to the Southwest Clean Air Agency for further
requirements.

Hearing:
Greg Turner the lead City Planner on this application, introduced the site, summarized the
key issues in the Staff Report and made a recommendation of approval. In doing so he
testified that the site is now vacant. The zoning allows maximum of 20 units and the
applicant is proposing 19.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                           Page 2 of 29
Jamie Clark, the applicant’s representative requested three changes to the proposed
conditions of approval (Exhibit 15). The proposed change to Condition 10 which addressed
the problem of minimum driveway spacing for lots 1 and 19 (30 feet is required), provided
an option similar to the adjacent Cedar Hollow subdivision of allowing shared driveways or a
road modification.
Condition 12 generated proposed modification to limit ADA ramps to the corners for which
the developer had actual responsibility – namely south corners of intersection of NE 28th and
NE 51st Streets.

Condition 15 recognized that with other concurrent developments, the water could be looped
in from the north and did not have to come from the south, which would have required an
easement through a non-involved property.

Paul Williams, City’s engineering representative (transportation) did not want to commit to a
specific solution to the issue raised by condition 10 because he thought there may be other
solutions that should be considered as well to come up with the best compliance with
separation requirement.

Mr. Turner agreed to the proposed change to Condition 15.

There was no other public testimony.


                                          FINDINGS

The Hearing Examiner adopts as his own and incorporates by reference the findings and
conclusions contained in the STAFF REPORT AND RECOMMENDATION (dated
February 6, 2007), except to the extent expressly modified or supplemented herein. Only the
issues and the approval criteria raised in the course of the application, at the hearing or before
the close of the record, are discussed in this section. Any standard that might be deemed to be
an applicable approval criteria but which was not raised by staff, the applicant or a party to
the proceeding has been waived as a contested issue, and no argument with regard to any
such issue or criterion can be raised in any subsequent appeal. Criteria not discussed
specifically in these findings below are deemed to be met. The following findings support
this decision and are related to the issues that were raised during these proceedings:

Land Use
20.210 Decision-Making Procedures

Finding: Per Table 20.210-1 in the VMC, Subdivisions – Preliminary Plat, are a Type III
development application requiring review by the Hearings Examiner.

Finding: The application was submitted September 28, 2006, and found to be fully complete
November 20, 2006. Notice was mailed to adjacent residents within 500 feet of the site,
placed in The Columbian newspaper, and posted on the site. One agency/public comment
letter was received at the time the staff report was issued. The comment letter is discussed in
the agency/public comment section of the staff report.


FINAL ORDER - PRJ2006-00098 Walnut Meadow                                             Page 3 of 29
Subdivision Approval Criteria
20.320.040 Preliminary Plat Approval Criteria
To grant approval of a preliminary short subdivision or subdivision, the applicant must
demonstrate compliance with all of the following criteria

1. Public facilities provision. Appropriate provisions to the extent necessary to mitigate an
   impact of the development have been made for transportation, water, storm drainage,
   erosion control and sanitary sewage disposal methods that are consistent with the City’s
   current ordinances, standards and plans;

   Finding: The project has been designed to provide for public facilities by extending
   necessary utility infrastructure systems in accordance with current City Standards.

   As discussed in following sections of this decision, appropriate provisions have been
   made for water, storm drainage, erosion control and sanitary sewage disposal.

2. Proposed improvements. Appropriate provisions have been made for proposed streets,
   alleys and public ways, utilities and other improvements that are consistent with the
   City’s current ordinances, standards and plans, and Department of Health and/or
   Washington State Department of Transportation standards and plans, where applicable;

   Finding: Improvements will be made for water, sanitary sewer, stormwater and
   transportation, each of which will be in compliance with the provisions of this Title and
   other State requirements. As discussed in following sections of this decision,
   appropriate provisions have been made for streets and utilities and other improvements,
   which are consistent with current standards and plans.

3. Open space and dedications. Appropriate provisions to the extent necessary to mitigate
   an impact of the development have been made for open space, parks, schools,
   dedications, easements and reservations;

   Finding: The proposed project meets the Open Space and Dedication provision through
   the payment of impact fees. Impact fees for parks, schools and transportation will be paid
   with each new building permit.

4. Physical characteristics. The design of the proposed short subdivision or subdivision-site
   has taken into consideration the physical features of the site, including but not limited, to:
   topography, soil conditions, susceptibility to flooding, inundation or swamp conditions,
   steep slopes or unique natural features such as wildlife habitat or wetlands;

   Finding: The site is generally level and there are no mapped geologic constraints. The
   site is not within a flood plain, does not contain or border water bodies, and is outside
   state shoreline jurisdiction. Overall, the subject site is in a largely suburbanized
   developed area of Vancouver.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                            Page 4 of 29
5. Re-platting of existing subdivisions. When re-platting an existing subdivision, the short
   subdivision or subdivision shall comply with all of the terms and conditions of the
   existing subdivision’s conditions of approval;

   Finding: The proposed project is not re-platting an existing subdivision; therefore, this
   criterion does not apply to this proposal.

6. Compliance with all requirements of this Title. The proposed short subdivision or
   subdivision complies with all applicable requirements of this Title unless modified
   through the approval; and

   Finding: Improvements will be made for water, sanitary sewer, stormwater and
   transportation; each will be in compliance with the provisions of this Title and other State
   requirements.

7. Compliance with State requirements. That the proposed short subdivision or subdivision
    complies with the requirements of RCW 58.17.110.

   Finding: The proposed subdivision complies with RCW 58.17 by following the City’s
   adopted planning code and requirements. The City’s codes are based on the State’s
   RCW 58.17.100 and by following the City’s code, the proposal is in compliance with the
   State requirements.

   The Comprehensive Plan identifies goals and policies, which guide development in the
   City of Vancouver for the benefit of the public health, safety and general welfare. The
   proposed plat complies with these goals and policies by providing new housing units
   affordable to a large segment of the population at anticipated densities, by providing the
   necessary infrastructure to serve the development, including sidewalks, the payment of
   impact fees for schools, parks and transportation, and by demonstrating that all applicable
   laws can be complied with as conditioned. The proposed plat will assist in the expansion
   of the City’s housing supply, it will facilitate development in an area that is largely
   developed and has urban services, it will implement City goals promoting infill
   development and limiting urban sprawl, it will increase property tax revenue, and provide
   construction jobs.

   The site is within the City of Vancouver’s Urban Service Boundary and public sewer and
   water will be available to serve the proposed lots with the completion of this subdivision.
   The applicant will extend sewer and water mains throughout the site.

   The proposed development will contribute the appropriate Park, School, and Traffic Impact
   Fees to mitigate additional burdens to these services created by this subdivision.

   Conclusion: The proposed plat will serve the public health, safety and general welfare,
   and the platting is in the public interest.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                          Page 5 of 29
Approval Process

20.320.020B Term of preliminary plat approval
Any approval of the proposed subdivision will be valid for a period of 5 years.

Subdivision Technical Standards

20.320.70 Technical Standards
1. Street improvement standards - All proposed streets and street improvements shall
   comply with the provisions of Title 11 and approved transportation standards details on
   file with Transportation Services.

   Finding: This project will dedicate rights-of-way and improve streets as shown on the
   Preliminary Plat. The Preliminary Plat shows the access points, location and width of the
   proposed road. The public roadway has been designed in conformance with Title 11 and
   the approved City of Vancouver transportation standard details.

   NE 51st Street: This project will obtain access from the road stub on NE 51st Street from
   Cedar Hollow subdivision to the east and Hawthorne Acres subdivision to the west.
   NE 51st Street will be constructed to the public standards of a Local Access Street that
   will include a ¾ paved street width of 25 feet, right-of-way width of 34 feet, curb, gutter,
   driveway approaches, detached sidewalks, street lighting, ADA ramps, planting strips,
   traffic control devices as warranted, and storm drainage.

   NE 28th Court: This project will extend NE 28th Court to the south of NE 51st Street.
   The north portion of NE 28th Court will be constructed to the public standards of a Local
   Access Street that will include a paved street width of 28 feet, right-of-way width of 50
   feet, curb, gutter, driveway approaches, detached sidewalks, street lighting, ADA ramps,
   planting strips, traffic control devices as warranted, and storm drainage. The southern
   portion of NE 28th Court will include a paved street width of 20 feet, right-of-way width
   of 32 feet.

   The proposed internal roads will provide safe and efficient circulation throughout the site.
   The City will maintain streets, signs, or drainage improvements on public streets. The
   project will be designed to satisfy all other road standards requirements in accordance
   with VMC Title 11.

   Sidewalks in compliance with the City of Vancouver Road Standards and ADA
   Standards will be constructed as indicated on the plans. Driveways on corner lots will be
   shared if it is required to meet City Road Standards. This will be determined during final
   engineering.

   Street lighting will be provided as required by the VMC. The applicant will coordinate
   with Clark Public Utilities and will ensure compliance with City Standards Detail T21-01
   for the installation of street lighting as required. Lighting will be addressed on the civil
   engineering plans.



FINAL ORDER - PRJ2006-00098 Walnut Meadow                                          Page 6 of 29
2. Blocks - The length, width and shape of blocks shall be designed with due regard to
   providing adequate building sites for the use contemplated; consideration of the needs
   for convenient access, circulation, control, safety of motor vehicular, bicycle and
   pedestrian traffic and recognition of limitations and opportunities of topography.

   Finding: The project proposes to construct blocks that allow for lot sizes that meet the
   requirements of the R-9 zoning district per the infill standards. Roads and sidewalks are
   proposed per City of Vancouver code.

3. Block Sizes - Blocks shall not exceed 1,300 feet in length between street lines, except
   blocks adjacent to arterial streets or unless a previous adjacent layout or topographical
   condition justifies variation. The recommended minimum distance between intersections
   of arterial streets is 1,800 feet. Minimum length of a block shall not be less than 180 feet.

   Finding: The project proposes to construct blocks that do not exceed 1,300 feet in length
   and are not less than 180 feet in length.

4. Easements - Easements for sewers, drainage, water lines, electric lines or other public
   use utilities shall be provided. The size and location of the easement shall be reviewed
   and approved by the appropriate utility provider.

   Finding: The proposed subdivision will be served by City of Vancouver water and sewer
   service. Applicable utility easements for water, sewer, stormwater and other utilities will
   be provided as required. Telephone and cable television services (along with the required
   easements) will be provided by the local provider. Natural gas will be provided based on
   availability.

5. Watercourses - There is no watercourse on-site.

6. Pedestrian/bicycle ways in and through residential subdivisions - In blocks over 800
   feet in length, a pedestrian/bicycle way with a minimum width of 16 feet shall be required
   through the middle of the block when required by the Transportation Manager for public
   convenience and safety; 12 feet of the 16-foot corridor shall be paved in a durable
   material. If unusual conditions require blocks longer than 1,200 feet in length, two
   pedestrian/bicycle ways shall be required. When required by the Transportation
   Manager for public convenience and safety, pedestrian ways shall be required to connect
   cul-de-sacs or to pass through unusually shaped lots.

   Finding: The proposed block lengths do not exceed 800 feet in length.

   Flag lots - There are no flag lots proposed as part of this subdivision.

7. Side Lot Lines - Side lines, as far as practical, shall run at right angles to the street on
   which the lot faces.

   Finding: Side lot lines, as far as practical, will run at approximate right angles to the
   street/access on which the lot faces.


FINAL ORDER - PRJ2006-00098 Walnut Meadow                                           Page 7 of 29
8. Lot Frontage - with the exception of flag lots, all lots shall abut on a public or private
   street with a minimum frontage of not less than 20 feet.

   Finding: All lots will comply with this standard which states that, with the exception of
   flag lots, all lots shall have a minimum 20 feet of road frontage.

9. Lot depth and setbacks - Lots fronting or accessing on primary or secondary arterials
   shall be avoided when possible. If lots front on arterials, the lots shall have an average
   minimum depth of 100 feet.

   Finding: The proposed lots do not front on primary or secondary arterials so this does
   not apply.

10. Parks and playgrounds - The review authority shall see that appropriate provision is
    made for parks and playgrounds to serve the proposed subdivision.

   Finding: There are no proposed parks or playgrounds within this subdivision. The
   project will pay appropriate park dedication fees in lieu of a park or playground within
   the subdivision.

11. Existing Trees - All subdivision developments shall comply with the tree and vegetation
    management provisions contained in Chapter 20.770 VMC Tree Conservation.

   Finding: The proposal shall comply with the tree and vegetation management provisions
   contained in Chapter 20.770 VMC, Tree Conservation.

   A Level V Tree plan is provided as required. In addition, a Tree Planting Plan
   demonstrating how the project complies with the required 30 tree units per acre is
   required.

12. Public Improvements - Public improvements, which are installed by the developer
    either as a requirement of this approval or at his own option, shall conform to the
    requirements, improvement standards, specifications, inspections and procedures of Title
    20.

   Finding: Preliminary plans are provided for street and utility improvements. Detailed
   final public improvement plans will be provided with the final engineering submittal for
   the project.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                         Page 8 of 29
Zoning Districts
20.410 Low Density Residential

R-9: Low-Density Residential District: The R-9 zoning district is designed to accommodate
detached single dwellings with or without accessory residential units at a minimum lot size of
5,000 square feet and a density of 5.9 to 8.7 units/net acre.

Finding: The proposal is for a short subdivision, to facilitate the construction of one
detached single-family residence on each lot, which is a permitted use in the R-9 zone. The
density range for the project parcel is 19 dwelling units on 2.48 acres (gross), which meets
the density goals for the site as outlined in the VMC.

20.420.040 Density Provisions
Maximum and minimum densities. The maximum and minimum densities for the Low-
Density Residential Districts are contained in Table 20.410–2.

Finding: Table 20.410-2 indicates the minimum density for the R-9 District is 7,400 square
feet per unit and the maximum density is 5,000 square feet per unit.

The density calculation for the site is as follows:
  108,233 square feet (gross site area)
 - 30,186 square feet (public road)
 = 78,047 square feet (net area)

                                       Density Calculation
            Density                          Calculation                  Units/Acre
 Minimum Net Density                     78,047 sf  7,400 sf           10.5 or 11 units
 Maximum Net Density                     78,047 sf  5,000 sf           15.6 or 16 units
 Tier I Maximum Net Density              78,047 sf  4,000 sf           19.5 or 20 units

Finding: The proposed lots comply with the development standards using the Tier I Infill
Standards of the R-9 zone as noted in the table above. All the lots comply with the Tier I
maximum net density requirement.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                          Page 9 of 29
 Finding: As noted in the following table, lot sizes and dimensional standards as proposed
 comply with the requirements.


                                                Table 20.410-1
                                            Development Standards
        Standard                             R-9            Tier I - Infill                    Proposed
Minimum Lot Size                           5,000 sf            4,000                      Average: 4,108 sf
                                                                                          Minimum: 4,001 sf
Maximum Lot Size                           7,400 sf                   N/A                       4,250 sf
Maximum Lot Coverage                         45%                      45%             To be reviewed through
                                                                                      building permit application
Minimum Lot Width                             50'                      40'                         40'
Minimum Lot Depth                             65'                      52'                         95'
Minimum Setbacks
Front yard                                    10'                     10'                           10'
Rear and through yards 4                       5'                      5'                            5'
Side yard                                    0'1/5'2                 0'1/5'2                         5'
Street side yard                               5'                      5'                            5'
Garage/Carport from                           18'                     18'                           18'
public/private street right-of-
way or sidewalk easement
Garage/Carport from alley3                    5'                        5'                       N/A
Maximum Height                                35'                      35'            To be reviewed through
                                                                                      building permit application
Off-Street Parking Spaces                     1                        1                           1
Minimum Landscaping                          10%                      10%                        10%
Requirement (percentage of
total net area)
 1
    Subject to Chapter 20.910.050 VMC.
 2
    For each additional 10 feet of building height, or fraction thereof, over 20 feet, add 2 feet to the setback to a
     maximum of 10 feet on each side or rear yard.
 3
   There must be a minimum of 20' maneuvering space from entrance edge of the carport or garage to opposite
     edge of the alley.
  4
    A through lot will be treated as an interior rear yard, especially with respect to placement of principal and
     accessory structures, location of parking and height of fences only when there is no vehicular access to the
     abutting street. If access occurs, the through lot yard will be treated in all respects as a front yard.

 Archaeology
 20.710 Archaeological Resource Protection

 Finding: The project is not located within an area of high probability for discovery of
 archaeological resources (Level B); therefore, a predetermination has not been required of
 the applicant. The following condition has been added.
                 If any cultural resources are discovered in the course of undertaking the
                 development activity, the Department of Archaeology and Historic
                 Preservation in Olympia and City of Vancouver Development Review
                 Services shall be notified. Failure to comply with these State
                 requirements may constitute a Class C felony, subject to imprisonment
                 and/or fines.

 FINAL ORDER - PRJ2006-00098 Walnut Meadow                                                            Page 10 of 29
Tree Conservation
20.770 Tree Conservation Guidelines

Tree plan requirements: The basic components of a tree plan are a site plan with existing
vegetation and proposed site activity, indication of the trees to be retained and removed
based on the activity, location of trees for mitigation if required, and a description of tree
protection during construction of trees to be preserved. The scale of the project and the size
and quantity of trees proposed for removal, preservation, and planting will determine which
level of tree plan is required.

Minimum tree density requirement established: The required minimum tree density is 30 tree
units per acre for new development; 30 tree units per acre of site disturbance for commercial,
industrial and multiple-family (more than four units) development; and 200 tree units for
Conversion Option Harvest Forest Practices. For properties within the City Center District,
the minimum tree density does not apply.

Finding: A Level V Tree Plan application has been submitted as required.

The total tree units required for the site is 54, based on a net lot area of 1.79 acres. The
applicant is retaining six trees providing 61 tree units. The existing trees meet the tree unit
requirement. Of the existing trees, 47 tree units are slated to be removed due to grading
required for the road, utility, and home construction.

Unfortunately, given the narrow dimension of the parent parcel and the minimum
requirements for street improvements, sidewalks, planters, driveway depths, etc. there are no
feasible or prudent alternative designs that would allow preservation of some of the existing
trees on the site.

                                      Tree Density Table
            Net Site Area                                         1.79 acres
            Tree Units Required per Acre                         30
            Tree Units Required                                  54
            Existing Tree Units Retained                         61
            Additional Tree Units Required                        0
            Additional Tree Units Provided                        0

Finding: The applicant will be retaining trees along the rear property line of Lot 17.

Finding: The City Arborist has reviewed the plans and is acceptable to having the 60-inch
Black Walnut tree (Lot 10) being removed so that the grove of firs on Lot 17 can be
preserved as a tree tract.

Finding: The applicant will be required to place approximately 20 street trees along NE 28th
Court and six street trees along NE 51st Street. The proposed street trees are Chanticleer Pear
trees.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                          Page 11 of 29
Conclusion: Based on the Level V Tree Plan submitted by the applicant, the applicant meets
the requirements of this section of the ordinance.

State Environmental Policy Act (SEPA)
20.790 SEPA Regulations

Finding: Per VMC 20.790.210, this project is not exempt. A SEPA review was required as
this proposal will include 19 units and the on-site grading of the site will exceed 500 cubic
yards.

Finding: On December 1, 2006, staff issued an Optional Determination of Nonsignificance
(DNS), and a Final Determination of Nonsignificance is being issued with this decision.

Impact Fees
20.915 Impact Fees

Finding: Impact fees shall be paid prior to building permit issuance. The project does not
indicate that any area is to be provided for open spaces or park lands.

Impact fees are as follows:
Transportation Impact Fees (TIF): For the TIF, please refer to the transportation/concurrency
section of this decision.

Park Impact Fees: As indicated in the table below per VMC 20.915.050, the project is located
in Park District 7, and the following impact fees are required.

     Park District 7            Fee/Unit              # of Units           Park Impact Fees
     Acquisition fee            $1,372                    19                $26,068
     Development fee            $ 635                     19                $12,065
          Total                 $2,007                                      $38,133

School Impact Fees: As indicated in the table below per VMC 20.915.060, the project is
located in the Vancouver School District, and the following impact fees are required.

                       Housing Type
    School                                                                     Total School
                     (Single- or Multi-        Fee/Unit       # of Units
    District                                                                   Impact Fee
                          family)
   Vancouver           Single-family            $1,725             19            $32,775

Finding: Impact fees shall be paid prior to building permit issuance. The following note shall
be placed on the final plat: “Pursuant to Chapter 20.97 of the VMC, the Park, Traffic, and
School Impact Fees for single-family residences on this plat are Park Impact Fee of
$2,007/unit (Park Facility Plan District Seven), Transportation Impact Fee of $27,846 or
$1,465/lot and School Impact Fee of $1,725/unit (Vancouver School District). Said fees will
be recalculated for building permit applications filed more than three years following the date
of this preliminary plat approval. These fees do not constitute liens against the lots in this
subdivision, but are collected as a condition of initial building permit issuance.”

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Additional Development Standards
20.920 Infill Development Standards

Purpose of Infill: The intent of the infill ordinance is to encourage the development of
underutilized and challenged parcels in the R-9, R-6, R-4, and R-2 zoning districts. The infill
ordinance accommodates a variety of housing types including single-family detached, single-
family attached, and duplexes.

1. Minimum Parcel Area. Within an infill land division for single-family development, no
   parcel shall be smaller than the minimum parcel area identified in Table 20.920.050-1,
   provided no lot shall exceed the maximum required by the underlying zoning district. In
   Tier 1, minimum parcel areas shall not be further reduced by a variance procedure in
   VMC Section 20.290. However, this shall not preclude variances to other standards.

                                Table 20.920.050–1
                    Minimum Parcel Area for Single-family Dwellings
                     Zoning           Minimum Parcel Area
                     District      Single-family Detached (sf)
                      R-9                    4,000 sf
                      R-6                    6,000 sf
                      R-4                    8,000 sf
                      R-2                   16,000 sf

   Finding: As proposed, this project meets the minimum parcel area as outlined in
   Table 20.920.050-1, as all the lots will be a minimum of 4,000 square feet in size. The
   minimum lot size in the proposed development is 4,001 square feet.

2. Minimum Parcel Width and Depth: Within a Tier 1 infill land division, the minimum
   parcel width and minimum parcel depth standards of Table 20.410.050-1 (Development
   Standards in Low-Density Residential) may be reduced by up to twenty-percent (20%).
   However, subsequent development on infill parcels that were created with less than the
   minimum width and depth required by Table 20.410.050-1 (Development Standards in
   Low-Density Residential), shall not be eligible for a variance to the minimum setback or
   frontage requirements.

   Finding: As proposed, the minimum parcel depth standard of 65 feet (Table
   20.410.050-1) will be maintained, and is not proposed to be reduced by 20 percent. The
   minimum parcel width is 50 feet and the applicant is proposing a minimum width of 40
   feet which meets the 20 percent.

3. Setbacks. Infill parcels developed under provisions of this Chapter shall comply with
   setback requirements of Table 20.410-3 (Development Standards In Low-Density
   Residential):

   Finding: As proposed, the project will comply with all the setback requirements of
   Table 20.410-3.



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4. Common Areas. If provided, Common Areas (e.g. landscaping in private tracts, shared
   driveways, private alleys, and similar uses) shall be maintained by a homeowners
   association or governed by another legal instrument. A copy of the applicable
   covenants, conditions and restrictions shall be provided to the City for review and
   acceptance before recording concurrently with the final plat.

   Finding: There are no common areas proposed as part of this project.

Parking
20.945 Parking and Loading Guidelines

Parking: Based on Table 20.945.070-2, housing types such as single-family residences
require only one parking space per dwelling unit.

Finding: Parking requirement calculation

 Type of Use                   Parking Requirements          Total Spaces Required
 Single-family                        1.0/DU                          19

Finding: The applicant exceeds this requirement by providing a 2-car garage with each
single-family residence.

Title 11 – Transportation/Concurrency

Finding: The proposed development is located within the 194th Transportation Analysis
Zone.

       Corridor/TMZ                        Limits of Corridor
       St. James/St. Johns                 Fourth Plain to 78th

Finding: The PM peak hour site trips entering the City of Vancouver’s operational model
corridors are in the table shown below.

                                                                Number of PM Peak
         Corridor Name                 Corridor Limit
                                                                 Trips to Corridor
     St. Johns Blvd.             Fourth Plain Blvd. to 78th St.          13



                               ITE    Average   Traffic    Traffic
          Land Use                                                   Traffic Impact
                             Land Use Daily     Impact     Impact
         Description                                                    Fee Due
                               Code    Trips     Fee      Adjustment
    Single-family homes        210      182      $180        x .85        $27,846




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                     Page 14 of 29
NE 51st Street

Finding: The proposed NE 51st Street does not exist. When constructed, it will include
asphalt roadway, curb, gutter, detached sidewalks, ADA ramps, street lighting, and storm
drainage.

Although shown on the preliminary civil plans, NE 51st Street does not currently exist to the
east or west. The project to the west, Hawthorne Acres, is proposing to construct NE 51st
Street to the property line. The project to the east, Cedar Hollow, is also proposing to
construct NE 51st Street to the property line. In order for this project to have access, NE 51st
Street will have to be constructed up to either the west or east property line.
Primary access from the south will not be allowed unless the applicant constructs a minimum
25 feet of pavement width. The applicant will need to ensure that access to a public street is
available, per VMC 11.90.001. Therefore, prior to final plat approval, the subject project,
Walnut Meadow Subdivision, shall have access to a public street meeting city standards, per
VMC 11.90.001.

The applicant shall remove any temporary turnarounds on NE 51st Street that will no longer
be needed once this project is constructed. The applicant shall ensure that permanent frontage
improvements are installed, per City of Vancouver Standard Plan T10-14, after removal of
the temporary turnarounds.

Finding: NE 51st Street is designated a Neighborhood Circulator street, which requires a
minimum 34 feet half-width right-of-way per City Standard Plan T10-14.

 Existing half-street right-of-way                                                     0.0 feet
 Minimum required half-street right-of-way dedication per City Standard Plan           34 feet
 (T10-14)
 Half-width shown on preliminary civil plans                                           34 feet
 Additional right-of-way dedication required                                           0.0 feet

As the surrounding area develops, NE 51st Street will connect from NE 22nd Avenue to
St. James Road. The timeline for this connection is dependent on development of the area.

Per VMC 11.90.005, the applicant shall provide a minimum 25 feet of pavement width on the
northern portion of the parcel for extension of NE 51st Street. An additional 9 feet of right-
of-way will be necessary for planter strip and sidewalk improvements per City of Vancouver
Standard Plan T10-14.

Street lighting is required on NE 51st Street per VMC 11.80.047. The applicant will need to
ensure the street lighting for the site meets the requirements of City Standard Plan T21-01A
& B to include the light type, size, wattage and station and offsets proposed. Contactor
cabinets may be required. Show the proposed street lighting on the civil plan including the
light type, size, wattage and station and offsets.

The applicant shall show frontage improvements including asphalt roadway, curb, gutter,
detached sidewalks, street lighting, driveway drops and storm drainage along NE 51st Street.

FINAL ORDER - PRJ2006-00098 Walnut Meadow                                          Page 15 of 29
NE 28th Court

Finding: The proposed NE 28th Court does not exist. When constructed, it will include
asphalt roadway, curb, gutter, detached sidewalks, ADA ramps, street lighting, and storm
drainage.

Finding: NE 28th Court is designated a Loop / Cul-de-Sac street, which requires a minimum
50 feet full-width right-of-way per City Standard Plan T10-16.

 Existing full-street right-of-way                                                    0.0 feet
 Minimum required full-street right-of-way dedication per City Standard Plan          50 feet
 (T10-16)
 Full-width shown on preliminary civil plans                                          50 feet
 Additional right-of-way dedication required                                          0.0 feet

The applicant has requested a road modification to allow partial width improvements on the
southern half of NE 28th Court. The City issued a conditional approval on January 26, 2007
(EVR2007-00006). Half-width improvements on NE 28th Court require a minimum 32 feet
full-width right-of-way per City Standard Plan T10-03.

 Existing half-street right-of-way                                                    0.0 feet
 Minimum required half-street right-of-way dedication per City Standard Plan          32 feet
 (T10-03)
 Half-width shown on preliminary civil plans                                          32 feet
 Additional right-of-way dedication required                                          0.0 feet

The applicant has requested a road modification to allow a temporary reduced hammerhead
at the southern terminus of NE 28th Court. When the surrounding parcels redevelop, the
temporary hammerhead will be removed and NE 28th Court will be extended. Staff is
supportive of the temporary hammerhead because it provides for future access and
circulation. The City issued a conditional approval on January 26, 2007 (EVR2007-00005).

Finding: All other aspects of this proposed development comply with the applicable code
requirements, with the following conditions.

Prior to final plat approval, the subject project, Walnut Meadow Subdivision, shall have
access to a public street meeting city standards, per VMC 11.90.001.

The applicant shall show sight distance requirements per VMC 11.90.060, City Standard
Plans T04-03 and T04-04. The applicant will need to illustrate on the civil plans sight
distances at the intersection of NE 51st Street and NE 28th Court.
The applicant will need to demonstrate on the civil plans how the project is going to meet
grade slope requirements. Based on the applicant’s civil plan contour map, it appears the 28th
Court street grade will be greater than 15 percent. Per VMC 11.80.025, street grades cannot
be greater than 15 percent. Road variances will not be allowable for street grades greater than
15 percent.

FINAL ORDER - PRJ2006-00098 Walnut Meadow                                         Page 16 of 29
The applicant’s traffic engineer shall demonstrate that Lots 5, 6, 7, 8, 9, 13, 14, and 15 will
meet code requirement for sight distances. This subdivision needs to take in account that the
peak in the road will impair sight distance for objects in the road and residents pulling in and
out of their driveways.
Based on the applicant’s civil plan, the proposed street grades will not provide adequate sight
distance from the peak of the road to the driveways and for objects in the road. If sight
distances and stopping distances cannot be met, Lots 5, 6, 7, 8, 9, 13, 14, and 15 above will
not be developable.

The applicant shall show the intersection of 28th Court and 51st Street to be a stop-controlled
intersection on the minor leg approach.

The applicant shall meet the driveway spacing requirements. Minimum driveway spacing
from the back of right-of-way to edge of driveway wing on Lots 1 and 19 shall be 30 feet per
VMC 11.90.016-“2” although the Staff and the applicant may have to select from several
possible solutions based on feasibility, such as joint driveways as was approved for Cedar
Hollow, reorienting the lots abutting 51st Street, reorienting the buildings to provide rear
access or a road modification.

The applicant shall meet lot driveway spacing per VMC 11.90.016. Minimum driveway
spacing from the property line to the top of driveway wing is 5 feet.

The applicant shall provide elevations on the plans for all existing ramps to demonstrate
ADA compliance. The existing ADA ramp at the north corners of NE 29th Avenue and
NE 51st Street shall meet current ADA standards per VMC 11.80.070. The applicant shall
construct ADA ramps at the south corners of NE 28th and NE 51st Streets.

Street lighting is required on NE 28th Court per VMC 11.80.047. The applicant shall ensure
that the street lighting for the site meets the requirements of City Standard Plan T21-01A &
B to include the light type, size, wattage and station and offsets proposed. Contactor cabinets
may be required. Show the proposed street lighting on the civil plan including the light type,
size, wattage and station and offsets.

The applicant shall show frontage improvements including asphalt roadway, curb, gutter,
detached sidewalks, street lighting, driveway drops and storm drainage along NE 28th Court.

Finding: All other aspects of this proposed development comply with the applicable code
requirements, with the following conditions.

Title 14 - Water, Sewer, Erosion Control and Stormwater
14.16 Water
Finding: There is a project (Hawthorne Acres) to the west that is proposing to extend an 8-
inch public water main to the west property line of this project. The project is currently in the
City’s Development Review Services Plan Review process.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                           Page 17 of 29
There are currently two other nearby development proposals bordering this parcel that are in
the City Development Review Services Plan Review process, Lilac Lane and Edwards
Subdivisions. Both projects are currently in the as-built process.

There is an existing 8-inch ductile iron (DI) main in NE 25th Avenue stubbed to the NE 51st
Street alignment.
The applicant is proposing to connect to the 8-inch DI main stubbed to the west property line
installed by Hawthorne Acres. They will extend an 8-inch DI main east through the site and
south to the respective property lines and install all needed fire hydrants, meters, backflow
devices and stubs for future development. If no public main has been installed to the site and
accepted by the City of Vancouver, the applicant for this project will be required to either
wait until a main is available or the applicant may also obtain public easements through the
necessary parcels and extend an 8-inch DI main to the proposed project. However, see
exhibit 15 for a modification to condition of approval #15.

The applicant shall meet the water requirements as detailed in the Request for Utility
Services (RUS2006-00021) and connect to and/or construct public water per the General
Requirements & Details for the Design and Construction of Water, Sanitary Sewer and
Surface Water Systems (latest revision).

Conclusion: The submitted plans indicate the requirements can be met.

14.16 Sewer
The proposed development is within the City of Vancouver sanitary sewer service area.

There is an existing 8-inch sanitary sewer main in NE 25th Place ending with a manhole in
NE 51st Street.

The applicant shall extend an 8-inch public sanitary sewer main in alignment with NE 51st
Street from the existing manhole referenced above to the farthest east boundary of the project
site. The applicant shall also extend an 8-inch main on-site in proposed NE 28th Court from
NE 51st Street to the southern most boundary of the project site. Construction easements and
off-site public sewer easements are to be dedicated to the City of Vancouver prior to plan
approval. Each building and lot shall have a separate service lateral connected to the new 8-
inch sewer main.

Public mains not located in the right-of-way are to be placed in a minimum 15-foot-wide
public easement dedicated to the City of Vancouver.

Conclusion: The applicant has demonstrated the City of Vancouver standards for sanitary sewer
can be met.

14.24 Erosion Control
It is the purpose of this ordinance to prevent harm to the health or safety of the public, and to
promote the public health, safety and general welfare by providing for the minimization of
erosion from land development and land disturbing activities.



FINAL ORDER - PRJ2006-00098 Walnut Meadow                                           Page 18 of 29
Finding: There is a shed currently on-site. The property slopes from south to north toward a
low point located near the north and east portion of the site. The site will be disturbed during
the construction of the roadway, houses, and utilities.
Per the Soil Survey of Clark County, Washington the on-site soils are Hillsboro loam (HIC) 8
to 15 percent slopes. The hydrologic soil group for this soil is “B” type.

A Construction Stormwater Permit from Washington State Department of Ecology is
required for all soil-disturbing activities (including grading, stump removal, demolition)
where 1 or more acres will be disturbed, and stormwater will be discharged to a receiving
water directly (e.g., wetlands, creeks, unnamed creeks, rivers, marine waters, ditches,
estuaries), or to storm drains that discharge to a receiving water. If all stormwater is retained
on-site and cannot enter waters of the state under any condition, you do not need permit
coverage. Construction site operators must obtain a permit 60 days prior to discharging
stormwater.

Conclusion: The applicant has demonstrated the City of Vancouver Erosion Control
Ordinance can be met. A final erosion control plan shall be submitted for review and
approval prior to clearing, grading and/or construction.

14.25 Stormwater
It is the intent of this chapter to protect public and private property, to preserve streams,
wetlands and floodways, to minimize water quality degradation from urban runoff and to
ensure the sound development of property within the city to the benefit of all citizens.

Finding: New impervious areas for the project site will be created with the construction of
the new roadways, driveways, and homes.

The proposed development is a qualifying project for stormwater quality and quantity
treatment. Calculations have been submitted with the preliminary civil engineering plans
indicating the amount of new impervious surface being created.

The applicant provided a Preliminary Stormwater Report by Sturtevant Golemo & Associates
dated August 2006. In the September 2006 civil plans, the applicant has proposed infiltration
for the runoff from new impervious surfaces. Water quality for the public roadways will be
achieved with a continuous deflective separation (CDS) manhole. This Best Management
Practice (BMP) is classified as an Emerging Stormwater Treatment Technology.

The City has identified the area bounded by St. James on the east, NE 22nd Avenue on the
west, NE 54th Street on the north, and NE 49th Street on the south. This area has poor
draining type B and C soils. The current available soils map information is generalized but
does provide an alert that this is an area of poor soils and that these soils are transitional in
character throughout this area. An exact parcel by parcel soils characterization will be
necessary to understand what if any stormwater infiltration system can be designed to
provide reliable and long-term drainage.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                           Page 19 of 29
In addition to this severe soils drainage limitation, the topography further challenges
development of these properties. The rolling contours in this area result in drainage sumps.
These sump areas have no natural overland gravity flow of stormwater out. There are also no
available storm sewer piping systems to receive runoff from new development. There is a
concept plan to drain this area. A drainage sub-basin master plan, to determine outfall
options, will be done by the City with the development of a new Drainage Master Plan.
Master planning work is scheduled to begin in 2007 and be complete in 2008.

Per the current concept plan, the development shall provide all necessary infrastructure from
the on-site facility to and in the proposed NE 51st Street right-of-way for future hookup to
public drainage systems and regional facilities. A perforated pipe is required to be located in
the NE 51st Street right-of-way for the entire length of this project. This perforated system
shall be designed at elevations to allow for future connections to the east and west.

A thorough soils report performed in accordance with the “Procedure for Conducting a Pilot
Infiltration Test” in Appendix V-B of the Western Washington Manual is required to
understand what if any stormwater infiltration system can be designed to provide reliable and
long-term drainage.

All stormwater quality and quantity facilities will be owned and maintained by the City of
Vancouver and shall be located in the public right-of-way.

Conclusion: Prior to final civil plan approval, a thorough soils report performed in
accordance with the “Procedure for Conducting a Pilot Infiltration Test” in Appendix V-B of
the Western Washington Manual; and a stormwater civil plan including the infrastructure
improvements in NE 51st Street, hydrology report, and full soils evaluation report shall be
submitted for review and approval.

The plans must be stamped by a Washington State Licensed Civil Engineer.

The plans shall be designed according to VMC 14.25, the City of Vancouver General
Requirements and Details, the 2004 WSDOT/APWA Standard Specifications for Road,
Bridge and Municipal Construction as amended by the City of Vancouver and as directed by
the City during the plan review process.

Title 16 - Fire
16.04.160 Water Supply and Fire Hydrants (IFC 508)
The available fire flow is adequate for one- and two-family single-family construction with
up to 3,600 square feet in total attached floor area.
One new fire hydrant is required. The applicant’s proposed fire hydrant location at NE 51st
Street and NE 28th Court will be approved on the civil utility plans.
Prior to combustible construction, water supplies for fire protection shall be established and
maintained.

16.04.150 Fire Apparatus Access (IFC 503)
The proposed access dimensions meet the minimum Fire Department standards.


FINAL ORDER - PRJ2006-00098 Walnut Meadow                                         Page 20 of 29
Fire lane markings are required to prohibit parking on one side of the 28-foot-wide lane and
in the cul-de-sac. Fire lane marking details and locations are required to be indicated on the
submitted plans for approval. Standard detail sheet F-503.3 (signs) is available at
www.vanfire.org or use Transportation’s T29-09.

Prior to civil and site plan approval, fire lane marking locations and details shall be indicated
on the plans.

Prior to issuance of Certificates of Occupancy, fire lane markings shall be installed and
approved.
Prior to combustible construction, fire apparatus access for emergency response shall be
installed and maintained clear for emergency access during construction.

16.04.170 – 16.04.210 Fire Protection Systems (IFC Chapter 9)
Fire protection systems are not required.

16.04.010 Premises Identification (IFC 505)
Address and premises identification signage shall be visible and legible from the fire lanes
for emergency response.
Prior to issuance of Certificates of Occupancy, addresses shall be plainly visible and legible
from the street or road fronting the property for emergency vehicle response.

Prior to occupancy, approved permanent street identification signage shall be installed for
emergency response.

Prior to combustible construction and as soon as the public can drive on any portion of the
streets, approved temporary or permanent street identification signage shall be installed.

Prior to civil plan approval, street identification signage shall be indicated on the signing and
striping page.

Title 17 - Building
Title 17 of the Vancouver Municipal Code contains rules and regulations for the technical
codes as they regulate site preparation and construction, alteration, moving, demolition,
repair, use and occupancy of buildings, structures and building service equipment. In order to
receive a building permit, the proposal must meet the minimum standards of the technical
codes referred to in Title 17 with applicable state and local amendments.
The project must comply with building codes applicable at the time of building permit
application.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                           Page 21 of 29
Finding: No building plans reviewed at this time. Submittals shall comply with the following
adopted codes:
  2003 International Building Code
  2003 International Residential Code
  2003 International Mechanical Code
  2003 Uniform Plumbing Code
  2005 National Electrical Code
  WAC 51-50 Barrier Free Accessibility Code
  WAC 51-11 Washington State Energy Code
  WAC51-13 Washington State Indoor Air Quality Code
  Washington State Water Conservation Code.

The 2006 I-Codes will be officially adopted effective July 1, 2007 in the State of
Washington. All building permit applications submitted on or after that date are subject to
review under those codes and associated Washington Amendments.
Prior to final civil plan approval, the owner shall engage and designate (on civil plans) a
registered geo-tech engineer who will act as Geo-tech Engineer of Record.

Geo-tech of Record will be responsible for reviewing and coordinating all geo-tech and
related documents (such as drainage plan, foundation plan, slope stability, etc.) and
submittals, and for completeness and compatibility of overall geo-tech data, analysis,
recommendations and implementation methods.

All infiltration systems are required to be designed and approved by the engineer of record.
Acceptance of geo-technical data, analysis and recommendations submitted to the City by
Planning and/or Building Officials may be subject to a third-party review by an independent
Registered Geologist retained by Planning and/or Building Officials. Geo-tech of Record will
be required to provide monitoring of site improvements and design/construction
implementation methods. A soils report is required. The geo-tech of record shall approve
final grade and provide a letter of acceptance.

A complete building code review of individual building plans is not performed during the
preliminary plat application. Filing of individual building permit applications with required
fees and review material is required prior to issuance of building permits. At this time, plans
and information necessary to verify compliance with all applicable building code provisions
are not required and have not been provided by the applicant. Information on current codes
can be obtained at www.ci.vancouver.wa.us or by contacting Building Division staff.

Prior to issuance of building permits, building and construction plans which conform to the
layout approved by the final plat, shall be submitted to and approved by Development
Review Services.

Prior to the issuance of any building permits, all applicable fees shall be paid to the City of
Vancouver.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                         Page 22 of 29
All proposed excavations and fills shall comply with 2003 IBC appendix chapter J. Please be
advised for subsequent building permit applications that all areas of fill that will support a
structure must be placed as structural fill that requires a third-party special inspection and
compaction reports. Copies of all special inspection reports must be submitted with
subsequent building permit applications. A soils report will be required. The Geo-tech of
record shall approve the final grade and provide a letter of acceptance. Engineered structural
calculations must be submitted with subsequent building permit applications.

Design criteria for structures shall be 110 mph 3 sec wind, seismic zone D1, exposure B
unless in the Columbia River corridor.

Conclusion: As conditioned the requirements of this code section can be met.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                        Page 23 of 29
                                       DECISION
Based on the foregoing findings and except as conditioned below, this application is
approved in general conformance with the applicant’s proposal, preliminary site plans and
the plans and reports associated with this proposal. This approval is granted subject to the
requirements that the applicant, owner or subsequent developer (the “developer”) shall
comply with all applicable code provisions, laws and standards and the following conditions.
These conditions shall be interpreted and implemented consistently with the foregoing
findings.

CONDITIONS OF APPROVAL

Prior to Civil Plan Approval
1. The applicant shall submit seven full sets of civil engineering plans and profiles, with
   technical reports as required, for review and approval by the City.

2. The applicant shall remove any temporary turnarounds on NE 51st Street that will no
   longer be needed once this project is constructed. The applicant shall ensure that
   permanent frontage improvements are installed, per City of Vancouver Standard Plan
   T10-14, after removal of the temporary turnarounds.

3. Per VMC 11.90.005, the applicant shall provide a minimum 25 feet of pavement width
   on the northern portion of the parcel for extension of NE 51st Street. An additional 9 feet
   of right-of-way will be necessary for planter strip and sidewalk improvements per City of
   Vancouver Standard Plan T10-14.

4. Street lighting is required on NE 51st Street per VMC 11.80.047. The applicant will need
   to ensure the street lighting for the site meets the requirements of City Standard Plan
   T21-01A & B to include the light type, size, wattage and station and offsets proposed.
   Contactor cabinets may be required. Show the proposed street lighting on the civil plan
   including the light type, size, wattage and station and offsets.

5. The applicant shall show frontage improvements including asphalt roadway, curb, gutter,
   detached sidewalks, street lighting, driveway drops and storm drainage along NE 51st
   Street.

6. The applicant shall show sight distance requirements per VMC 11.90.060, City Standard
   Plans T04-03 and T04-04. The applicant will need to illustrate on the civil plans sight
   distances at the intersection of NE 51st Street and NE 28th Court.

7. The applicant will need to demonstrate on the civil plans how the project is going to meet
   grade slope requirements. Based on the applicant’s civil plan contour map, it appears the
   28th Court street grade will be greater than 15 percent. Per VMC 11.80.025, street grades
   cannot be greater than 15 percent. Road variances will not be allowable for street grades
   greater than 15 percent.



FINAL ORDER - PRJ2006-00098 Walnut Meadow                                        Page 24 of 29
8. The applicant’s traffic engineer shall demonstrate that Lots 5, 6, 7, 8, 9, 13, 14, and 15
   will meet code requirement for sight distances. This subdivision needs to take in account
   that the peak in the road will impair sight distance for objects in the road and residents
   pulling in and out of their driveways. Based on the applicant’s civil plan, the proposed
   street grades will not provide adequate sight distance from the peak of the road to the
   driveways and for objects in the road. If sight distances and stopping distances cannot be
   met, Lots 5, 6, 7, 8, 9, 13, 14, and 15 above will not be developable.

9. The applicant shall show the intersection of 28th Court and 51st Street to be a stop-
   controlled intersection on the minor leg approach.

10. The applicant shall meet the driveway spacing requirements. Minimum driveway spacing
    from the back of right-of-way to edge of driveway wing on Lots 1 and 19 shall be 30 feet
    per VMC 11.90.016-“2” unless the problem is addressed to the City’s satisfaction
    through a mutually agreed solution as was discussed at the hearing (See Hearing Section
    above).

11. The applicant shall meet lot driveway spacing per VMC 11.90.016. Minimum driveway
    spacing from the property line to the top of driveway wing is 5 feet.

12. The applicant shall construct ADA ramps at the south corners of NE 28th and NE 51st
    Streets.

13. Street lighting is required on NE 28th Court per VMC 11.80.047. The applicant shall
    ensure that the street lighting for the site meets the requirements of City Standard Plan
    T21-01A & B to include the light type, size, wattage and station and offsets proposed.
    Contactor cabinets may be required. Show the proposed street lighting on the civil plan
    including the light type, size, wattage and station and offsets.

14. The applicant shall show frontage improvements including asphalt roadway, curb, gutter,
    detached sidewalks, street lighting, driveway drops and storm drainage along NE 28th
    Court.

15. The applicant shall meet the water and sewer requirements as detailed in the Request for
    Utility Services (RUS2006-00021) with one exception1 and connect to and/or construct
    public water per the General Requirements & Details for the Design and Construction of
    Water, Sanitary Sewer and Surface Water Systems (latest revision).




1
  The Request for Utility Services (RUS2006-00021) requires the applicant to “connect to an existing
8”AC main in 49th Street extending north to the proposed project in an established public easement.”
This project will not be required to extend water from off-site unless this project is constructed before
adjoining properties and alternative water connections are available. This project will only be required
to stub water to the south property line.

FINAL ORDER - PRJ2006-00098 Walnut Meadow                                                  Page 25 of 29
16. All public sewer extensions require civil engineering plans to be submitted for review
    and approval to the City of Vancouver. The plans must be stamped by a Washington
    State Licensed Civil Engineer and shall be designed according to the City of Vancouver
    General Requirements and Details for the Design and Construction of Water, Sanitary
    Sewer, and Surface Water Systems and the current WSDOT/APWA Standard
    Specifications for Road, Bridge and Municipal Construction as amended by the City of
    Vancouver and as directed by the City during the plan review process.

17. Construction easements and off-site public sewer easements are to be dedicated to the
    City of Vancouver.

18. A thorough soils report performed in accordance with the “Procedure for Conducting a
    Pilot Infiltration Test” in Appendix V-B of the Western Washington Manual; and a
    stormwater civil plan including the infrastructure improvements in NE 51st Street,
    hydrology report, and full soils evaluation report shall be submitted for review and
    approval.

19. The plans must be stamped by a Washington State Licensed Civil Engineer.

20. The plans shall be designed according to VMC 14.25, the City of Vancouver General
    Requirements and Details, the 2004 WSDOT/APWA Standard Specifications for Road,
    Bridge and Municipal Construction as amended by the City of Vancouver and as directed
    by the City during the plan review process.

21. Fire lane marking locations and details shall be indicated on the plans.

22. Street identification signage shall be indicated on the signing and striping page.

Prior to Commencing Public Improvement Construction
23. Fire apparatus access for emergency response shall be installed and maintained clear for
    emergency access during construction.

24. A Construction Stormwater Permit from Washington State Department of Ecology is
    required for all soil-disturbing activities (including grading, stump removal, demolition)
    where 1 or more acres will be disturbed, and stormwater will be discharged to a receiving
    water directly (e.g., wetlands, creeks, unnamed creeks, rivers, marine waters, ditches,
    estuaries), or to storm drains that discharge to a receiving water. If all stormwater is
    retained on-site and cannot enter waters of the state under any condition, you do not need
    permit coverage. Construction site operators must obtain a permit 60 days prior to
    discharging stormwater.

Prior to Final Plat Approval
25. The applicant shall submit for Final Plat Approval, following the requirements and
    guidelines outlined in VMC 20.320.050 (Final Plat Application).

26. The subject project, Walnut Meadow Subdivision, shall have access to a public street
    meeting city standards, per VMC 11.90.001.


FINAL ORDER - PRJ2006-00098 Walnut Meadow                                           Page 26 of 29
27. The following note shall be placed on the Final Plat: “If any cultural resources are
    discovered in the course of undertaking the development activity, the Department of
    Archaeology and Historic Preservation in Olympia and City of Vancouver Development
    Review Services shall be notified. Failure to comply with these State requirements may
    constitute a Class C felony, subject to imprisonment and/or fines.”

28. The following note shall be placed on the Final Plat: “Per VMC 20.770.100, each lot
    owner shall be responsible for the planting and maintenance of all street trees adjacent to
    their lot pursuant to the approved tree plan. In addition, no party shall receive an
    occupancy permit prior to planting all other required trees on their lot consistent with the
    approved tree plan. The maintenance of the trees shall be the responsibility of each lot
    owner. Trees within the plat may not be removed without a permit from the City of
    Vancouver.”

29. The applicant shall add a note to the plat stating: “All lots shall conform to City of
    Vancouver driveway spacing standards, per VMC 11.90.016, or as shown on this plat.”

30. The applicant shall add a note to the plat stating: “Fire lane markings are required as
    indicated on the approved civil engineering plans.”

31. The following note shall be placed on the final plat: “Pursuant to Chapter 20.97 of the
    VMC, the Park, Traffic, and School Impact Fees for single-family residences on this plat
    are Park Impact Fee of $2,007/unit (Park Facility Plan District Seven), Transportation
    Impact Fee of $27,846 or $1,465/lot and School Impact Fee of $1,725/unit (Vancouver
    School District). Said fees will be recalculated for building permit applications filed more
    than three years following the date of this preliminary plat approval. These fees do not
    constitute liens against the lots in this subdivision, but are collected as a condition of
    initial building permit issuance.”

Prior to Issuance of a Building Permit
32. Building and construction plans which conform to the layout approved by the final plat
    shall be submitted to and approved by Development Review Services.

33. All applicable fees shall be paid to the City of Vancouver.

34. To permanently vest the trips for the project, a final plat shall be obtained within 30
    months from the issuance date of the Certificate of Concurrency, or an approved
    developer’s agreement with the City shall be obtained. Otherwise, the Certificate of
    Concurrency for the proposed project shall expire in 30 months from the issuance date of
    the certificate per amended VMC 11.95.120, adopted on February 20, 2001, by City
    Council.

During Construction
35. The applicant and contractor shall ensure sediment does not impact adjacent properties or
    the surrounding public roads during construction.

36. Prior to combustible construction, water supplies for fire protection shall be established
    and maintained.

FINAL ORDER - PRJ2006-00098 Walnut Meadow                                          Page 27 of 29
37. Prior to combustible construction, fire apparatus access for emergency response shall be
    installed and maintained clear for emergency access during construction.

38. A City of Vancouver demolition permit and approval from the Southwest Clean Air
    Agency are required prior to demolition of any structures proposed for removal.

Prior to Issuance of Occupancy Permit
39. The System Development Charges are assessed and collected at the current rate at the
    time of connection to the City of Vancouver water and sanitary sewer. Latecomer fees are
    assessed and collected if applicable.

40. Prior to issuance of Certificates of Occupancy, fire lane markings shall be installed and
    approved.

41. Addresses shall be plainly visible and legible from the street or road fronting the property
    for emergency vehicle response.

42. Approved permanent street identification signage shall be installed for emergency
    response.

Dated this   27th    day of February 2007


                                              ____________________________________
                                                    J. Richard Forester
                                                    Vancouver Hearing Examiner

NOTE:           Only the decision and the conditions of approval are binding on the applicant
as a result of this order. Other parts of the final order are explanatory, illustrative and/or
descriptive. They may be requirements of local, state, or federal law, or requirements which
reflect the intent of the applicant, the city staff, or the Examiner, but they are not binding on
the applicant as a result of the final order unless included as a condition.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                           Page 28 of 29
APPEAL:        Decisions of the Hearings Examiner are appealable to the City Council within
14 days after written notice of the Hearings Examiner decision is mailed. Appeals must be
made in writing to the Manager of Development Review Services and must contain the
following information:

       A.     The case number(s) designated by the City and the name of the applicant;
       B.     The name and signature of each petitioner and a statement showing that each
              petitioner is entitled to file the appeal under this Chapter. If multiple parties
              file a single petition for review, the petition shall designate one party as the
              contact representative for all contact with the Director. All contact with the
              Director regarding the petition, including notice, shall be with this contact
              representative;
       C.     The specific aspect(s) of the decision and/or SEPA issue being appealed, the
              reasons why each aspect is in error as a matter of fact or law, and the evidence
              relied on to prove the error; and
       D.     The appeal fee adopted by the City Council ($1,000); provided, the fee shall
              be refunded if the appellant files with the Director at least fourteen (14)
              calendar days before the appeal hearing a written statement withdrawing the
              appeal.

Submit the appeal request and fee to the address below:

       Manager
       Development Review Services
       City of Vancouver
       PO Box 1995
       Vancouver, WA 98668-1995

In the absence of a valid appeal within the timelines specified above, the Hearings
Examiner’s decision shall become final and conclusive.




FINAL ORDER - PRJ2006-00098 Walnut Meadow                                         Page 29 of 29

								
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