Fir Station Trip Certificate

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					                                         LAST DATE TO APPEAL: TUESDAY, APRIL 11, 2006

                BEFORE THE LAND USE HEARINGS EXAMINER
                   CITY OF VANCOUVER, WASHINGTON

REGARDING    THE APPLICATION FOR A SHORT                    )          FINAL ORDER
SUBDIVISION OF TWO EXISTING PARCELS INTO EIGHT              )
(8) COMMERCIAL LOTS; COMMERCIAL SITE PLAN                   )     PRJ2005-00704/CUP2005-
APPROVAL FOR ALL LOTS; A CONDITIONAL USE                    )         00008/PLD2005-
PERMIT APPROVAL FOR COMMERCIAL LODGING USE;                           00052/PSR2005-
                                                            )
AND A VARIANCE TO STREET SETBACK STANDARDS                         00070/VAR2005-00016
                                                            )
ALONG 192ND AVENUE IN THE CC ZONING DISTRICT                       192ND AVENUE STATION
SUBJECT TO REZONE COVENANT (AFN #4033236) IN
                                                            )
THE CITY OF VANCOUVER, CLARK COUNTY, WA.                    )



                             APPROVED WITH CONDITIONS


                                     INTRODUCTION

The applicant is proposing a phased commercial development on two (2) vacant parcels
totaling approximately 13.85 acres. The site is zoned Community Commercial (CC). The
development of the entire project is governed by the terms of the Rezone covenant recorded
under Auditor File Number 4033236 recorded August 15, 2005. Access Roads are SE 192nd
Avenue which runs north-south to the west; SE 25th Street to the south; SE 15th Street to the
north.

This request for approval includes a short subdivision to create eight (8) commercial parcels; a
site plan review for development of these eight (8) parcels; a conditional use permit for a
commercial lodging use on one of the parcels identified as area B; and a major variance
request to reduce the minimum 10 foot setback for street frontages of area A (SE 192nd
Avenue, SE 15th Street and SE 20th Street). Adjacent land uses are vacant to the north, south
and east; residential to the west. Adjacent zoning designations are industrial to the south;
single family to the west and north; multi-family to the east and north.

The eight (8) parcels have been identified as Areas A, B and C. Area A consists of six (6) new
parcels; Areas B and C are each a separate parcel. Areas A and C propose a mix of retail office
and restaurant uses; Area B proposes a 48-unit hotel. The sites will contain significant
landscaping, including the retention of many mature fir trees in Area B and the placement of
trees and other landscaping along the eastern property line

Location                      18701 SE 15th Street, Tax lots 177502000 and 126454000
                              located in the SW quarter of Section 32 Township 2N, Range 3E
                              of the Willamette Meridian; Parcel Size: Approximately 13.85
                              acres; 2 parcels.
Applicant                     192nd Avenue Station LLC & 192nd Avenue Station II LLC
                              315 SE Westridge Blvd.
                              Camas, WA 98607

Property Owner                L&N First                             One Pacific Corporation
                              11550 SW Riverwood Drive              315 SE Westridge Blvd.
                              Portland, OR 97129                    Camas, WA 98607

Zoning:                       CC

Comp Plan:                    CC

SEPA:                         MDNS SEP2005-00102 issued 12/23/2005

Concurrency:                  Certificate of Concurrency issued CON2005-00142
                              03/03/2006

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; 20.430
                              Commercial and Mixed Use 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 March 21, 2006 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.


Final Order - PRJ2005-00704 192nd Avenue Station                                     Page 2 of 30
Agency and Public Comment
1. Letter from Department of Ecology dated January 23, 2006
2. Letter from Scott Bailey dated January 17, 2006
3. Letter from James Hodges dated January 12, 2006
4. Letter from David W. Howard dated January 19, 2006
5. E-mail from Trine and William Henry dated January 19, 2006

Hearing:
Patti McEllrath, the lead City Planner on this application, introduced the site, summarized the
issues in the Staff Report and made a recommendation for approval. In doing so she
introduced corrections to the Staff Report (Exhibit 22) that are incorporated in the findings
below. One of the issues was that the variance required for front setbacks would become void
after one year, whereas the site approval was valid for five and the phased development may
take even longer. The solution was to allow the variance to be vested permanently through a
development agreement signed with the City.

An acoustic study was performed (Exhibit 10) to respond to the concern of some neighbors
that as a result of a reduced front (street) setback the noise from passing traffic would bounce
back into the neighborhood as it reflected from the two story buildings. The acoustic study
showed that whatever impact there might be from the reduced setback, it would not be
perceived by the human ear. For those reasons the major variance request would meet the
relevant criteria (see Findings below).

Rick Bowler, the applicant, described the proposal as a pedestrian walk up development
serving the neighborhood. Mixed use principles were utilized to create an attractive and
convenient commercial mixed use. Many trees along the 192nd Avenue will be preserved,
especially where the hotel is situated further south because the hotel units are setback further
from the street. Additional trees and vegetation will be added, especially in sections C and B.
The hotel will be a boutique hotel made up of several separated two story structures. The hours
of operations will be 7 a.m. to 10 p.m. Utility services to the operations will take place during
the business day. Development schedule will depend on the development agreement.

Meridee Pabst, the applicant’s attorney, testified that the area was rezoned from R-18 and
neighborhood commercial to Community Commercial. Area A is a mixed development.
Awbrey Glenn neighborhood is south and east from the hotel so there is landscape screening
along the east boundary. The phasing has been changed from 12 to 13 as shown in Exhibit 24.
She explained that but for the Conditional Use which was triggered by the hotel request, the
application would have been treated as a Type II review for a development permitted outright
under the zoning. The variance for the setback is from the required 10 feet to 1 to 5 feet. The
actual setbacks are wider because of the meandering sidewalk created by the City as part of
192nd Avenue improvement project. This illustrated in Exhibit 25 which shows between 28
feet and 29 feet from the westernmost building façade to the curb. This constitutes the unusual
circumstance warranting the variance. The other circumstance is the mixed use development.

In response the applicant’s earlier memorandum (Exhibit 23), Condition 6 should be changed
per Exhibit 26 to show that only improvements within the right of way are required to be
completed in Phase I, other necessary improvements will precede each phase, but site
amenities not required by the code, including the clock tower will be constructed as needed.

Final Order - PRJ2005-00704 192nd Avenue Station                                      Page 3 of 30
Condition 29 can be struck as the Staff and the applicant have agreed that the rezone covenant
requiring no more than 25% of fronting distance to be used for parking is being complied with.

In response to Exhibit 21, a letter from MacKay & Sposito meant to ensure gravity sewer to
the neighboring property owners, the Eifords, is already being designed at a minimum slope
(See Exhibit 27).

Dwayne Eiford testified that he wanted to make sure the sewer is designed to meet his needs
and inquired about noise from parking which will abut his property.

Mike Odren, applicant’s engineer (Olson Engineering), testified that there will be significant
landscaping based on the rezone and he introduced Exhibit 27 to show that the connection to
the pump station for the sewer will be at a minimum 4.5% slope.

                                            FINDINGS

The Hearing Examiner adopts as his own and incorporates by reference the findings and
conclusions contained in the STAFF REPORT AND RECOMMENDATION (dated March 10,
2006), 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:

Comprehensive Plan
Comprehensive Plan policies provide legislative guidelines and not approval criteria. Staff
discusses Comprehensive Plan policies supportive of the application in the Staff Report on
pages 4-6.

Land Use
20.210 Decision Making Procedures
This development requires several processes to complete the proposal. Per VMC 20.210.020.D,
when more than one application is submitted for a given development and those applications
are subject to different types of procedure, then all of the applications are subject to the highest
type of procedure that applies to any of the applications.

Conditional Use Permit and major variance requests are a Type III development application.
The required notification procedures and review timelines for a Type III development
application were followed by Staff (see Staff Report).

20.245 Conditional Use Permits
Several uses are proposed for this development. One of the uses proposed, commercial lodging,
requires approval of a conditional use permit in the CC zoning district. The Hearings Examiner
shall approve, approve with conditions or deny an application for a conditional use permit
based on findings of fact with respect to each of the following Criteria:

Final Order - PRJ2005-00704 192nd Avenue Station                                         Page 4 of 30
(1) The site size and dimensions provide adequate area for the needs of the proposed use.

   The parcel for the proposed hotel is approximately 5.73 acres in size and can accommodate
   the hotel and required parking. In addition, 76 percent of the gross site area is devoted to
   open space.

(2) The impacts of the proposed use of the site can be accommodated considering size shape,
    location, topography and natural features.

   The size and arrangement of the site and buildings were planned to preserve existing trees
   and natural environment and to encourage a pedestrian-friendly village development.
   Lighting is directed onto the site itself and the overall landscaping in the form of both
   existing trees and new screening minimizes potential impacts from the site.

(3) All required public facilities have adequate capacity to serve the proposed development.

   All public facilities were found to have capacity to serve the hotel use. As discussed
   throughout this decision, traffic, water, sanitary sewer and stormwater impacts will be
   mitigated as required by the City of Vancouver. The certificate of concurrency issued as a
   part of this review process verifies that transportation capacity is available to serve this
   project.

   Stormwater runoff created by this development will be directed to an off-site stormwater
   facility. Public water and sewer can be provided by the City of Vancouver as described in
   the Utility Review RUS2005-00113 (Exhibit 12).

(4) The applicable requirements of the zoning district, comprehensive plan, and other
    applicable documents are met except as amended by the conditional use permit or
    variances requested pursuant to Chapter 20.290 VMC.

   Requirements of the zoning district have been met pursuant to VMC 20 and the rezone
   covenant. The Vancouver Comprehensive Plan supports the hotel use in its definition:
   Medium scale commercial uses and services serving more than one neighborhood.
   Designated areas are typically located near collector or arterial street intersections.

(5) Identified impacts on adjacent properties, surrounding uses and public facilities have been
    adequately mitigated.

   No significant impacts from the proposed hotel use are expected. The applicant has
   designed this development to minimize any unique impacts that this conditional use may
   create. Impacts such as traffic and noise of the hotel use would typically be the same or
   less than those impacts created with allowed uses of the CC zone such as a 4-story office
   or retail building. The project is designed to preserve significant areas of open space and
   existing trees. The site design respects a 60-foot buffer from the wetland area in the
   southeast portion of Area B.



Final Order - PRJ2005-00704 192nd Avenue Station                                     Page 5 of 30
   The hotel support building is located more than 160 feet north of the south property line.
   The abutting site is a tract created with the Awbrey Glen subdivision and owned by the City
   of Vancouver. The guest rooms are located in 6 individual buildings and are separated from
   192nd Avenue by approximately 113 feet of open space including several mature retained
   trees. Extensive landscaping is proposed along the east property line of the site, which will
   provide screening if the abutting parcels are developed in the future.

   Conclusion: The criteria of approval for the proposed hotel use have been adequately
   addressed. Potential adverse impacts to the surrounding properties will be sufficiently
   mitigated as proposed. The request meets the criteria for a Conditional Use Permit.

20.270 Site Plan Approval
All new developments shall require site plan review and approval prior to the issuance of any
building permits, establishment of any new uses, or commencement of any site work. Site plan
review approval shall be effective for a period of 5 years from the date of approval.

The applicant has requested a phased approval with construction to occur as the market
conditions warrant. Each phase must be able to stand independently, without depending on
completion of future phases to meet applicable codes and regulations. Per VMC 20.270.030.E,
the Planning Official may approve phasing of a developing site in phases, but in no case shall
the total time period for all phases be greater than 6 years without reapplying for site plan
review.

Specific criteria for approving a phased site plan review application shall be as follows:
a. The public facilities necessary to serve the phase are constructed in conjunction with or
   prior to each phase.
b. The development and occupancy of any phase are not dependent on the use of temporary
   public facilities. A temporary public facility is any facility not constructed to the applicable
   city or district standard.
c. The phased development shall not result in requiring the city, other property owners or
   latecomers to construct public facilities that were required as part of the approved
   development proposal.

20.290 Variances
A variance to any development standard contained in this Title other than density and lot area
may be granted when practical difficulties, unnecessary hardship or results inconsistent with
the general purposes of Title 20 VMC would result from the literal enforcement of its
requirements. No variance shall be granted that would have the effect of granting a special
privilege not shared by other property in the same vicinity and zone except when necessary to
avoid such difficulties, hardship or results.

The applicant has requested a major variance to the front and the street side yard setback
requirements found in VMC Table 20.430.040-1 along the frontages of Area A. The minimum
standard in this district is 10 feet. As proposed, the building setbacks vary in area A from one
(1) to five (5) feet.




Final Order - PRJ2005-00704 192nd Avenue Station                                        Page 6 of 30
192nd Avenue was constructed with a wider than typical area for a meandering 10-foot
sidewalk, and there is already 15 feet between the property line and the curb. The rezone
covenant recorded as a condition of the zone change to Community Commercial requires that
the buildings be oriented to the streets with primary entrances oriented to the major streets on
which the buildings have frontages.

A major variance is one that results in the modifications of a numerical development standard
by more than 20 percent. The Hearings Examiner may grant a major variance upon
demonstration by the applicant of compliance with all of the following approval criteria:

1. Unusual circumstances or conditions apply to the property and/or the intended use that do
   not apply generally to other property in the same vicinity or district

   This strip of commercial property along 192nd Avenue is narrow in width and is therefore
   limited in options for site design. It includes a significant distance between the curb and
   private property line. The development of the property is bound by the Rezone covenant,
   which was designed to create a mixed use character for the development. The Rezone
   covenant for Area A requires that a Floor Area Ratio (FAR) of .4:1 be provided on site; that
   building entrances be oriented to the street; and that parking be located behind the
   buildings. As designed the FAR is .47:1; the building entrances are adjacent to the
   pedestrian and public way and the applicant has provided ample on-site parking to meet the
   needs of this multi-use development behind the proposed buildings.

2. Such variance is necessary for the preservation and enjoyment of a substantial property
   right of the applicant such as is possessed by the owners of other properties in the same
   vicinity or district.

   The variance is necessary for the property to be developed in compliance with the Rezone
   covenant. Although this development is not technically applying for a mixed use district
   approval, the Rezone covenant requires a development similar in design to a mixed use
   development. The overall site design was intended to be aesthetically pleasing and required
   innovative planning to meet the specific design criteria required by the Rezone covenant.
   Other commercial properties in the CC district are not required to meet a minimum FAR;
   they are not required to provide placement of the buildings to provide the primary building
   entrances on the major street on which the building has frontage; and parking is not
   prohibited between the buildings and the right of way.

3. The variance requested is the least necessary to relieve the unusual circumstances or
   conditions.

   The applicant has requested the least variance necessary at each relevant location to comply
   with the rezone covenant which requires specific orientation and placement of the buildings,
   parking and a minimum FAR. Site design with less than the required 10-foot setback is
   necessary to meet these requirements.




Final Order - PRJ2005-00704 192nd Avenue Station                                     Page 7 of 30
4. The authorization of such variance will not be materially detrimental to the public welfare
   or injurious to property in the vicinity or district in which property is located.

   The placement of the proposed buildings along the right-of-way edges will not impact the
   public welfare or surrounding properties. The building will not be allowed to create a sight
   clearance problem at the adjacent intersections of SE 15th Street and SE 20th Street. The
   buildings will be separated from the curb 15 to 25 feet along 192nd Avenue, across a
   landscaped planting strip and a 10-foot meandering sidewalk. On SE 15th Street, the plans
   show the building will be approximately 18 feet from the curb and along SE 20th
   approximately 20 feet.

   Several property owners located in Fisher’s Grove North Subdivision have expressed
   concern about reflected noise onto their property should the buildings be allowed to be
   positioned closer to 192nd Avenue than the required 10 foot setback. The applicant has
   submitted an acoustical evaluation prepared by a licensed acoustical engineer. (Exhibit 10)
   The study has revealed that regardless of where the buildings are located on the site,
   reflected road noise reaching residential properties across the street would not normally be
   perceivable by humans. The acoustical impact of any change in setback due to reflected
   sound would not be detectable by human hearing.

5. Any impacts resulting from the variances are mitigated to the extent practicable.

   No negative impacts are expected from the proposed variance. As previously stated, the
   buildings would be located a considerable distance from the curb due to the meandering 10-
   foot sidewalk and landscaping design. There will be substantial aesthetic benefits from the
   parking areas for the site being located away from the streets and the pedestrian corridor
   along 192nd Avenue. Those walking and driving along SE 192nd Avenue will view
   interesting architectural features and building facades.

   Public access will be provided directly from the sidewalk to the building entrances,
   negating the need to cross a parking lot to reach the building. The building façades facing
   the street will be a combination of brick veneer, stucco and an aluminum storefront system.
   Portions of each building façade will have architectural features and projections.

   Conclusion: The proposal complies with the criteria for the granting of a major variance to
   the front yard and street side yard setback of 10 feet to allow a setback of one (1) to five (5)
   feet along 192nd Avenue, four (4) feet along SE 20th Street and two (2) to three (3) feet
   along SE 15th Street.

   A variance so authorized shall become void after one year unless a building permit has
   been issued and substantial construction has taken place or a Development Agreement
   approved by the City Council has been recorded.




Final Order - PRJ2005-00704 192nd Avenue Station                                       Page 8 of 30
20.320 Subdivisions
Subdivision Chapter prescribes procedures for the subdivision of land in accordance with
officially adopted plans, policies and standards, including the provisions of the Development
Code (Title 20 VMC). All divisions of land shall be subject to the requirements of this Section.

A short subdivision is a land partition containing nine (9) or fewer lots.

To grant approval of a preliminary short 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.

   The proposal has been designed in accordance with the City of Vancouver Development
   Code. The proposed development is in conformance with the Vancouver Comprehensive
   Plan and has made provisions for stormwater, public sanitary sewer, public water, and
   access and lot configuration as required by City of Vancouver Development Code.

(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.

   The proposed development has made provisions for stormwater, public sanitary sewer,
   public water, access, and lot configuration as required by the City of Vancouver
   Development Code. Access to the newly created lots will come from SE 15th Street,
   SE 20th Street and SE 192nd Avenue.

(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.

   The applicant, consistent with site plan standards, has dedicated more than 15 percent of
   the site area to landscape improvements. In Area B, 76 percent of the net site area is
   dedicated to landscaping and open area.

(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.

   The proposed short subdivision has taken into account topography, soils, flooding, steep
   slopes and natural features. The site is relatively flat with many mature trees and a wetland
   area on the southern portion of the site. In particular, the design of Area B incorporates
   retention of many mature fir trees into the design of the hotel and has been designed so that
   it does not disturb the wetland and buffer area.

Final Order - PRJ2005-00704 192nd Avenue Station                                     Page 9 of 30
   (5) Re-platting of existing subdivision. 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.

       Based on available records, the short subdivision is not a re-plat of an existing subdivision.

   (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.

       The proposed short subdivision will comply with all applicable requirements of this Title;
       specifically, all lots will comply with required lot dimensions provided for in the
       underlying zone and both parent tax lots have been found to be legal lots of record.

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

       The development satisfies the requirements of RCW 58.17.110 because the project
       proposes to construct all necessary and required infrastructures currently not in place to
       supply urban services to the project. Adequate turnaround and roadway distances have
       been provided for emergency access to each parcel and engineering has been designed to
       comply with City of Vancouver standards. The proposed project, as conditioned, will meet
       the requirements of RCW 58.17.110.

   Term of preliminary plat approval (20.320.020.B)
   Approval of a preliminary short subdivision or subdivision shall be valid for a period of five
   years, subject to verification of utility availability, during which time an application for final
   plat meeting all the requirements of this Chapter and all conditions of preliminary plat
   approval shall be made; provided, that extensions of preliminary short subdivision or
   subdivision plat approval may be granted in accordance with the procedures and criteria set
   forth in Section 20.320.020.D Extensions of the Land Use and Development Code.

   Technical Standards (20.320.070)
   The short subdivision shall conform to the Comprehensive Plan. The short subdivision or
   subdivision shall conform to the requirements of the state law and to the standards established
   by this Title.

(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 the Transportation Department.

   Street frontage improvements along 192nd Avenue have been completed. The applicant will
   be constructing frontage improvements along the site on SE 15th Street and SE 20th Street.
   These frontage improvements include curb, gutter, planting strip, sidewalks and street lighting.
   Compliance with street improvement standards is analyzed later in this decision.




   Final Order - PRJ2005-00704 192nd Avenue Station                                      Page 10 of 30
(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.

   No blocks are being created with this development.

(3) Blocks – 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.

   No blocks have been created with this development.

(4) Easements
    (a) Utility Lines. 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.

       Required easements will be dedicated at the time of civil plan approval. Easement
       requirements are discussed in the Transportation and Water, Sewer and Stormwater
       sections of this decision.

   (b) Watercourses. If a subdivision is traversed by a watercourse such as a drainage way,
       channel or stream, there shall be provided a stormwater easement for the width of the
       watercourse plus 15 feet on each side of the watercourse. Streets or parkways parallel to a
       major watercourse may be required.

       The site is not traversed by a watercourse.

   (c) 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.

       The proposal is for a commercial short subdivision.




   Final Order - PRJ2005-00704 192nd Avenue Station                                     Page 11 of 30
 (5) Flag lots
     Flag lots may be permitted, provided that the minimum width of the flag stem is 15 feet for a
     single lot and 25 feet for a shared flag access. No more than two lots may be accessed from a
     single flag stem.

     No flag lots are proposed.

 (6) Lot side lines
     Side lines, as far as practical, shall run at right angles to the street on which the lot faces.

     Lot lines run at right angles to the street.

 (7) 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.

     All lots being created abut a public street with frontage of more than 20 feet.

 (8) 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.

     Lots 1 through 6 will share a single access off of 192nd Avenue, which is a primary arterial.
     Lots 7 and 8 will have individual access off of 192nd Avenue. All lots will have a minimum
     lot depth of 100 feet.

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

     The proposed short subdivision is commercially zoned; therefore, this standard does not apply.

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

     Some of the existing trees on the site will be removed for development of this commercial
     center. Several mature trees will be retained in Area B. Adherence to the Tree Ordinance
     (VMC 20.770) is discussed in this decision.

(11) Public Improvements
     Public improvements that 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.

     The applicant has submitted preliminary plans for street and utility improvements. Street trees
     shall be planted, one for every 30 feet of street frontage where they currently do not exist.

     Final Order - PRJ2005-00704 192nd Avenue Station                                         Page 12 of 30
Compliance with the standards for surveying, drafting, and monumentation will be required as
noted in Sections 20.320.070.C, 20.320.070.D and 20.320.070.E of the VMC.

Conclusion: As conditioned in this decision, the applicant can meet the requirements of this
code section prior to final plat.

20.410.030 Uses
Uses shall be identified as permitted outright (P), limited (L) providing it is in compliance with
special requirements, permitted by conditional use (C), or prohibited (X). Prohibited uses shall
not be allowed. Conditional uses shall be allowed if approval is granted pursuant to VMC
20.245

Several uses have been proposed for this site. They include: a boutique hotel, restaurant,
office/bank and general retail uses in several one- and two-story buildings and one three-story
building. All proposed uses are permitted outright with the exception of the hotel. Overnight
lodging in the CC district requires approval of a conditional use permit. As part of this review,
the applicant has applied for a conditional use permit. The conditional use analysis can be found
above as part of this decision.

20.430.040 Development Standards
The development standards for this phased proposal are governed by the Development
Standards found in 20.430.040 and a rezone covenant approved by City Council in February
2005. (Exhibit 11) The proposal is phased into Areas A, B and C.

Finding:
Area A
Area A consists of 6 parcels with a variety of commercial uses. Specific development
standards for Area A are described in the rezone covenant (Exhibit 11).

A minimum Floor Area Ratio (FAR) of .4:1 must be provided on this site. A FAR of .47:1 has
been proposed with single and multi-story structures shown on the plan submitted.

The maximum setback from a public street is 20 feet with an allowance for an additional 15
feet if certain criteria are met. The applicant has proposed buildings to be placed 1 to 4 feet
from the public streets. The rezone covenant does not address minimum setbacks; therefore,
the underlying zone development standards shall apply. The minimum front and street side
setback is 10 feet. A variance to deviate from the minimum 10-foot setback described in
VMC 20.430.040-1 has been requested and was discussed previously in this decision.

Parking and drive-through lanes are not allowed between the building façade and the right of
way. Parking has been designed to be located away from the right of way as required.

Primary building entrances shall be oriented to the major street on which the building has
frontage, street corner, plaza, park or other buildings on the site but not to interior blocks or
parking lots. Area A has 9 of the 11 proposed buildings adjacent to the right of way in
accordance with this requirement.



Final Order - PRJ2005-00704 192nd Avenue Station                                     Page 13 of 30
No more than 25 percent of the distance from property line to property line facing a private or
public street may be used for surface parking. No surface parking is located on the site
frontage along SE 192nd Avenue. About 22 percent of the frontage along SE 20th Street is
proposed for parking. The 25 percent threshold appears to have been exceeded along SE 15th
Street. As shown on the site plan, approximately 68 feet of the distance between the east
property line and the west property line (223 feet) is proposed as parking.

Screening of the parking area does not provide compliance with this requirement. The final
site plan shall be revised to show compliance with the frontage standards of the rezone
covenant and SE 15th Street.

The project does not include any blank walls on any street frontages, which is as is required by
the rezone covenant. There will be a variety of architectural styles and materials used in the
facades. Visual relief will be provided by recesses in the facades, arcades, overhangs, awnings
and window boxes. Materials will be altered between ground floors and upper floors.

Landscaping along the eastern property line has been provided on the landscape plan as
required in the rezone covenant.

Area B
Conditions of the rezone covenant require this area to be developed as a hotel complex with
normal accessory uses either within the hotel buildings or as separate, clearly accessory
structures. Except to the extent that the uses are clearly accessory to the hotel use, no other
uses normally allowed in the CC district are permitted outright or by conditional use permit.
Tree removal must be minimized on this site.

The applicant proposes a hotel and normal accessory uses in the plan for Area B. The support
building of the hotel will be approximately 28,952 square feet and will house meeting
facilities, a kitchen, an exercise facility and the reception/lobby area. The location of the
building allows for retention of many mature trees on the site and leaves about 76 percent of
the site area devoted to open space.

Landscaping along the eastern property line has been provided on the landscape plan as
required in the rezone covenant.

Area C
This area, zone CC may be developed in accordance with the standards found in VMC 20.430
without additional limitations. The proposed uses include office, retail and restaurant, all of
which are allowed outright in the CC district.

Landscaping along the eastern property line has been provided on the landscape plan as
required in the rezone covenant.




Final Order - PRJ2005-00704 192nd Avenue Station                                    Page 14 of 30
Post Decision Review
The Applicant anticipates seeking post decision review for one or more tenants in Areas A and
C, as these tenants are identified. The only reasons that these commercial site plans have been
subject to a public hearing (Type III) are because (a) they were linked with a hotel use (a
conditional use) in Area B, and (b) they were linked with a setback variance in excess of 20
percent. So long as the proposed changes do not increase the amount of the setback variance,
they would not “involve an issue of broad public interest, based on the record of the decision”
under VMC 20.210.140(C)(5)(c) and therefore, they would not require a Type III post decision
review.

Environmental
20.710 Archaeological Resource Protection
An Archaeological Predetermination was conducted by Alexander Gall, M.A., with
Archaeological Services of Clark County. A copy of his findings and conclusions were sent to
Robert Freed with Archaeological Consulting Services for confirmation. Mr. Freed agreed
with the findings of Mr. Gall that an archaeological resources survey is not necessary.

In the event that intact archaeological deposits are encountered during construction, work
should be halted immediately and the City of Vancouver’s Development Review Services and
the Washington State Department of Archaeology and Historic Preservation be notified in
order for the findings to be investigated and assessed by a professional archaeologist. A note
shall be added to the final plat stating the above condition.

20.770 Tree Conservation
The applicant submitted a Level V tree plan. A tree density of 30 tree units per acre is required
for new development. On this 13.85-acre site, a minimum of 416 tree units are required. The
site has many very large and mature, conifer and deciduous trees. Areas A and C propose
removal of all existing trees with the exception of the trees planted along 192nd Avenue as
part of the 192nd Avenue corridor construction project. Several large trees, both deciduous and
conifer, totaling 531 tree units will be retained, primarily in Area B. In addition 325 new trees
will be planted throughout the site. Upon completion of this development, the minimum
required tree units will be exceeded by 440 tree units.

Street trees are shown fronting all public streets. Spacing has been taken into consideration
based on the type of tree proposed and the size of the tree at maturity and appears appropriate
for the site.

Trees are to be maintained in a vigorous and healthy condition, free from diseases, pests and
weeds. Competing vegetation shall be controlled to the extent necessary to allow
establishment, survival, and growth of planted trees. Trees that become diseased, severely
damaged or that die shall be removed by the owner as soon as possible but no later than 60
days after notification by the City and replaced with a healthy tree of the same size and
species.

For all trees covered by the tree plan, the maintenance requirement shall apply in perpetuity.
The applicant shall execute a covenant in a form agreeable to the City which shall require that
the applicant and his successors comply with the maintenance requirements imposed by
VMC 20.770.100.

Final Order - PRJ2005-00704 192nd Avenue Station                                     Page 15 of 30
The covenant shall be binding on successor property owners and owners associations. The
covenant shall be recorded by the county auditor.

20.775 Wetland and Water Bodies Protection
The National Wetlands Inventory (NWI) indicated that a palustrine forested seasonally flooded
wetland is located in southern portion of the project area. Per the wetland delineation prepared
by The Resource Company the wetland onsite most closely matches the description of a
Category 3 forested wetland. Under the City of Vancouver Wetland Protection Ordinance, The
wetland buffers within the project areas are currently dominated by a diverse native plant
community and therefore match the description of a Type A buffer. The adjusted buffer width
is 60 feet.

No construction activity or development is proposed within the wetland or required 60-foot
buffer. The standard approval conditions outlined in VMC 20.775.057 (listed below) will
apply.

1. The location of the outer extent of the wetland buffer shall be marked in the field, and such
   field marking shall be approved by the department prior to the commencement of
   permitted activities. Such field markings shall be maintained throughout the duration of the
   permit.

2. A permanent physical demarcation along the upland boundary of the wetland buffer area
   shall be installed and thereafter maintained. Such demarcation may consist of fencing,
   hedging or other prominent physical marking approved by the planning Official.

3. Permanent fencing of the wetland buffer shall be erected and thereafter maintained when
   there is a substantial likelihood of the presence of domestic grazing animals within the real
   property subject to the triggering permit or approval.

4. Wood or metal signs shall be posted a minimum of one per lot for single family residential
   uses or a maximum interval of 200 feet for other uses, and perpetually maintained at
   locations along the outer perimeter of the wetland buffer approved by the Planning Official
   worded substantially as follows: “Protection of this wetland and buffer area is in your care.
   Alteration or disturbance is prohibited by law. Please call the City of Vancouver for more
   information.”

5. Either or in combination
   a. Dedicate the wetland and its buffer to the City or other public or non-profit entity
       specified by the Planning Official to hold as sensitive land undevelopable except as
       provided for in Section 20.775.025 VMC.
   b. A conservation covenant shall be recorded in a form approved by the city attorney as
       adequate to incorporate the other restrictions of this section and to give notice of the
       requirement to obtain a wetland permit prior to engaging in regulated activities within a
       wetland or its buffer.

6. In the cases of plats and short plats, include on the face of such instrument the boundary of
   the wetland buffer and, where applicable, a reference to the separately recorded deed
   restriction provided for in section 20.775.050.A.5.b above.

Final Order - PRJ2005-00704 192nd Avenue Station                                    Page 16 of 30
7. Additional conditions deemed necessary by the permit or approval authority to assure the
   preservation and protection of affected wetlands and their buffers consistent with the
   purposes and requirements of the Chapter. Such conditions may include building setback
   lines from the buffer area where found necessary to minimize buffer impacts
   (20.775.057.B) from construction or from otherwise inadequate residential yards.

Minimize wetland impacts. Impacts to wetlands shall be minimized by:

       1.Using appropriate and best available technology;
       2.Taking affirmative steps to avoid or reduce impacts;
       3.Sensitive site design and siting of facilities and construction staging areas away from
       regulated wetlands and their buffers; and
       4.Providing protective measures such as buffers, siltation curtains, hay bales and other
       siltation prevention measures, scheduling the regulated activity to avoid interference
       with wildlife and fisheries rearing, resting, nesting or spawning activities.
       5.Not jeopardizing the continued existence of endangered, threatened, sensitive,
       candidate or monitor species as listed by the federal government or the State of
       Washington.

20.790 SEPA Regulations
The applicant submitted a SEPA checklist for review (Exhibit 16). Staff prepared an
Environmental Review Report (Exhibit 17) and issued a Notice of Application and Optional
SEPA Mitigated Determination of Nonsignificance (MDNS) on December 23, 2005. The
comment period ended on January 23, 2006; one (1) comment was received from the
Department of Ecology (Exhibit 21).

Based on pages 2 and 7 of the Environmental Checklist submitted by the applicant, the
Environmental Review Report erroneously states that the site is designated Community
Commercial (CC) and Neighborhood Commercial (CN). The ERR has been edited to reflect
the entire site as zoned Community Commercial. This zone change was effective with the
rezone approved by City Council February 7, 2005. This correction does not change the SEPA
determination; it remains a Mitigated Determination of Nonsignificance (MDNS).

The following are the mitigation measures that have been added as conditions of approval:
 The project shall comply with WAC 173-060-040.
 If any cultural resources are discovered in the course of undertaking the grading activity,
   the Office of Archaeology and Historic Preservation in Olympia and City of Vancouver
   Development Review Services should be notified. Failure to comply with these State
   requirements may constitute a Class C felony, subject to imprisonment and/or fines.
 An NPDES permit will be required through the Department of Ecology.

Additional Development Standards
20.915 Impact Fees
Transportation impact fees are required and will be based on the approved findings of the
Transportation Impact Analysis prepared by H. Lee & Associates dated October 24, 2005.
Fees are based on Average Daily Trips as determined by specific uses proposed for the site.
Fees are required to be paid prior to the issuance of building permits.


Final Order - PRJ2005-00704 192nd Avenue Station                                    Page 17 of 30
20.925 Landscaping
A detailed landscape plan was submitted with this application. This plan addresses landscaping
on-site and includes adherence to the landscape condition found in the rezone covenant. The
covenant requires screening along the east property line in addition to VMC 20.925.030 which
requires that sites developing within the CC zoning district provide a minimum of 15 percent
of the net lot area in landscaping. The plans indicate that this minimum requirement has been
met as proposed for each proposed lot.

Street trees are required fronting public streets. Street trees, both existing and proposed, have
been shown in compliance with the requirements of VMC 20.925.060 taking into
consideration the size, spacing and placement of the street trees.

Screening of solid waste/recycling areas and service facilities is required. The landscape plan
indicates arborvitae to be planted around the trash enclosure areas in area A and C. It is not
clear in area B what screening method will be used. Indicate screening material proposed for
the trash enclosure areas on the final site plan.

Parking lots are required to meet specific landscape requirements which will be discussed in
the Parking section of this decision.

20.945 Parking
On-site parking is required for customers, visitors and employees of the proposed
development. Minimum parking ratios are determined by the type of uses proposed. All
parking lots shall be kept clean and in good repair at all times. Individual spaces shall be
marked with painted stripes. Parking spaces are not permitted in any setback.

Each lot within the development must provide the minimum required parking for its specific
use. Minimum parking requirements for each proposed use are listed below.

Type of Use     Parking      Requirements     per            Minimum Spaces Required
                square feet of floor area
Office          1 space per 400 square feet         Area A – 43,536 sq. feet, total: 109 spaces
                                                    Area B – 1,500 sq. feet, total: 4 spaces
                                                    Area C – 5,700 sq. feet, total: 14 spaces
Retail          1 space per 300 square feet         Area A – 56,522 sq. feet, total: 188 spaces
                                                    Area C – 11,407 sq. feet, total: 38 spaces
Bank            1 space per 400 square feet         Area A – 4,000 sq. feet, total: 10 spaces
Restaurant      1 space per 250 square feet         Area A – 4,500 sq. feet, total: 18 spaces
                                                    Area C – 3,000 sq. feet, total: 12 spaces
Hotel           1 space per lodging unit            Area B – 48 units, total: 48 spaces

Area A
Finding: Minimum parking requirements total 325 parking stalls. The site plan shows a total
of 450 parking stalls exceeding the minimum requirement. A joint access and parking
agreement shall be recorded prior to final plat approval.




Final Order - PRJ2005-00704 192nd Avenue Station                                       Page 18 of 30
In addition to the general design standards for surface parking areas found in VMC 20.945.040
(discussed below), the rezone covenant requires no parking or drive-up lanes be placed
between the buildings and the street and that no more than 25 percent of the distance from
property line to property line of that portion of a parcel facing a dedicated public or private
street may be used for surface parking.

No parking or drive-up lanes are proposed between the right of way and any building façade.
However, the property frontage along SE 15th Street appears to exceed the 25 percent distance
allowance of use for surface parking. The site plan shall be revised to show compliance along
SE 15th Street with the rezone covenant. Screening of surface parking does not provide
compliance with this standard.

Per VMC 20.945.040.G, it is recommended that stacking lane for a drive-in bank provide 150
feet of stacking lane per service terminal. Based on the approved traffic study, this stacking
area may either exceed or fall below the guidelines in Table 20.945.040-1. The plan submitted
shows 75 feet of stacking area. Stacking lanes must be designed so that they do not interfere
with parking and vehicle, pedestrian and bicycle circulation.

Pedestrian circulation has been provided with building entrances along the public streets.
Sidewalks and plaza areas connect the buildings on the site with each other and the public
sidewalks.

Landscaping in the parking area, both perimeter and interior, have met the minimum standards
as proposed. VMC 20.945.040.I requires that parking be screened from adjoining residential
districts and public/private streets and a minimum of 10 percent of the interior parking area be
landscaped.

Sidewalks and other pedestrian pathways shall not be obstructed by vehicle overhang. The
plans for Area A shall be revised to show wheel stops located 2 feet back from the front of the
parking stall for all parking spaces along the boundaries of the parking lot or adjacent to
interior landscaped areas or sidewalks. The standard spaces shall be shown as 9 feet wide by
17 feet long; the compact spaces 8 feet wide by 15 feet long.

Area B
Finding: Minimum parking stalls required for Area B is 52. The plans show 76 parking stalls,
exceeding the minimum requirement. As discussed in the findings for Area A, the site plan
shall be revised to show the placement of wheel stops located 2 feet back from the front of the
parking stall for all parking spaces along the sidewalks and interior landscaped areas.

Pedestrian access to SE 192nd Avenue has been provided in accordance with
VMC 20.945.040.H.

Landscaping in the parking area, both perimeter and interior, have met the minimum standards
as proposed. VMC 20.945.040.I requires parking be screened from adjoining residential
districts and public/private streets and a minimum of 10 percent of the interior parking area be
landscaped.



Final Order - PRJ2005-00704 192nd Avenue Station                                    Page 19 of 30
Area C
Finding: The minimum parking stalls required for Area C is 64. The plans show 89 spaces,
exceeding the minimum requirement. As discussed previously, the site plan shall be revised to
show the placement of wheel stops located 2 feet back from the front of the parking stall for all
parking spaces along the sidewalks and interior landscaped areas. Adequate pedestrian
connectivity has been provided.

Off Street Loading Requirements
Finding: Areas B and C meet the requirements of this code section. Area A shall provide one
additional loading area based on the proposed uses and the corresponding square footages.
Area A shows a total of approximately 132,172 square feet of floor area. Of that area, 67,556
square feet are described as retail requiring three (3) loading berths (50,000 square feet. up to
100,000 square feet Table 20.945.070-1). The remaining 64,616 square feet is proposed to be
office/restaurant, requiring two (2) loading berths (50,000 square feet up to 100,000 square
feet Table 20.945.070-2).

20.970 Solid Waste Disposal and Recycling
The amount of solid waste and recyclable storage area required is based on the predominant
use of the building. Non-residential buildings shall provide a minimum storage area of 10
square feet plus:
(1) Office: 4 square feet per 1,000 square feet of gross floor area (GFA)
(2) Retail: 10 square feet per 1,000 square feet of GFA
(3) Other: 4 square feet per 1,000 square feet of GFA

As provided above, Areas A and B do not meet the minimum required solid waste disposal and
recycling areas. Based on the proposed uses Area A must provide a total area of 883 square
feet, the plans show 448 square feet. Area B must provide 397 square feet, the plans show 238
square feet. Storage area space requirements can be satisfied with a single location or multiple
locations and can combine interior and exterior locations. Revise the final site plan to show the
minimum required trash enclosure areas for Area A and B.

Transportation
Transportation Concurrency
The proposed development is located within Transportation Analysis Zone #410 and is located
within the following Transportation Management Zones:

Corridor Name                  Corridor Limit           Number of PM Peak
                                                         Trips to Corridor
     192nd Avenue           SR14 to NE 18th Street              163
  Mill Plain Boulevard     136th Ave. to 164th Ave.              20
     164th Avenue               SR14 to 1st St.                  22

 Traffic Impact Fee        Impact        Mill Plain   Average         Traffic Impact       Total Traffic
        Area              Fee/Trip       Overlay       Daily           Adjustment           Impact Fee
                                         Fee/Trip      Trips
      East City             $238           $10         2744               x .85             $461,096



Final Order - PRJ2005-00704 192nd Avenue Station                                       Page 20 of 30
Section C, item 8 of the certificate of concurrency states a proportionate share of $13,513.44 is
to be paid for improvements to the intersection of 164th Avenue/SE 34th Street. This was
based on 16 PM Peak trips which was incorrect information. New data submitted on March 16,
2006 demonstrates that only 2 PM Peak trips will effect this intersection. The revised
proportionate shares to be paid by the applicant are $1,689.18.

The proportionate shares for 164th Avenue and McGillivray Boulevard discussed on page 6 in
the certificate of concurrency (Exhibit 15) should be based on 12 PM Peak trips not 13. The
required payment amount is $5,934.12. These 2 changes will require condition 5 to read “The
applicant shall pay the proportionate share toward the intersections detailed in the Certificate
of Concurrency totaling $63,033.42.”

Section D of the Certificate of Concurrency and condition 1 of the staff report shall be revised.
It shall read: “The driveway access shown on the civil drawings just south of SE 20th Street on
the east side of 192nd Avenue shall be a right-in right-out only access and a deceleration lane
shall be provided by the applicant.”

Transportation
Frontage improvements on 192nd Avenue were recently completed as part of a City of
Vancouver project.

Minimum required half-street right of way dedication               60 feet
Half-width shown on preliminary civil plans                        60 feet
Additional right of way dedication required                        0 feet

The driveway access shown on the civil drawings just south of SE 20th Street on the east side
of 192nd Avenue does not comply with the Letter of Agreement between the City of
Vancouver and One Pacific Corporation dated July 25, 2000. Access will not be allowed and
shall be removed from all applicable drawings.

Final civil plans shall demonstrate the removal of the temporary curbing restricting the south
bound left-hand turn pocket south on 192nd Avenue unto SE 20th Street.

SE 15th Street is designated a 3-Lane Collector Arterial with bike Lanes.
Minimum required half-street right of way dedication               35 feet
Half-width shown on preliminary civil plans                        30 feet
Additional right of way dedication required                        5 feet

SE 15th Street was recently reconstructed. Under VMC 11.90.095, street cuts are not allowed
for five years following construction. The applicant is proposing to trench SE 15th Street to
provide water service to the site. The applicant shall plane the street to the centerline north of
the utility trench and replace with a 2-inch Hot Mix Asphalt pavement overlay.

Control Density Fill (CDF) is required per VMC 11.80.00.E.

SE 20th Street is designated a 4-Lane Minor Arterial with bike Lanes.


Final Order - PRJ2005-00704 192nd Avenue Station                                     Page 21 of 30
Minimum required full-street right of way dedication       90 feet
Half-width shown on preliminary civil plans                90 feet
Additional right of way dedication required                0 feet

Applicant shall provide plans and signal design details for the intersection of SE 20th Street
and 192nd Avenue.

The Transportation Impact Analysis (Exhibit 14) includes level of service (LOS) analysis for
all intersections signalized and non-signalized with 10 or greater site-generated AM peak hour
trips. All analyzed intersections are within City of Vancouver modeled corridors. Figure 10
shows the 2010 peak hour volumes at buildout, and Table 6 shows that all of these
intersections will operate at a LOS of D or higher. However, proportionate shares for a number
of intersections during the PM peak are discussed in Certificate of Concurrency (Exhibit 15).

Water, Sewer, Erosion Control and Stormwater
Water
City as-built records (WB1781) show a 12-inch Ductile Iron (DI) water main from SE 15th
Street to SE 20th Street. There is a 16-inch DI water main in SE 192nd Avenue running from
SE 20th Street south to SE 34th Street. A 12-inch DI water main has been extended into
SE 15th Street about 85 feet from the blow-off shown in the plans submitted. SE 20th Street
shows an existing 8-inch DI water main stubbed out to the east and an 8-inch DI water main in
SE 23rd Street (WB1923). City records show five (5) fire hydrants along SE 192nd Avenue
fronting the project.

City fire flow records (dated 7/02/03) from a hydrant south of the area shows a static water
pressure of 63 psi, and 1,866 gallons per minute at 20 psi.

The preliminary design shows the existing water main and the proposed water mains, hydrants,
fire protection and water meters on-site.

The proposed water meters shall be moved closer to the main and placed in a non-paved area.
Provide an easement for the on-site water mains, fire hydrants, and water meters.

When construction is to take place within a City of Vancouver or Clark County right-of-way, a
right-of way permit and an approved Traffic Control Plan is required prior to the start of
construction.

The applicant shall provide payment of water System Development Charges (SDCs) prior to
the issuance of certificate of occupancy.

Sanitary Sewer

The area is served by an existing public pump station located near the southwest corner of
Lot 3 (126454000). General connection requirements are outlined in the Request for Utility
Services RUS2005-00113 (Exhibit 12).




Final Order - PRJ2005-00704 192nd Avenue Station                                  Page 22 of 30
Public sanitary sewer construction is required to serve the site. The project is required to
design and construct upgrades and related improvements to the existing pump station and to
construct public gravity sewers to serve the site.

The applicant’s engineer met with city engineering staff in October to discuss the upgrades
required to the existing pump station.

Sheet C1.0 of the plans submitted acknowledges the pump station requirements. Sheet C1.2
shows a preliminary utility plan, the pump station, and the proposed gravity sewers.

Prior to Civil Plan Approval:
Design improvements to the existing public pump station and related public gravity sewers as
outlined in the Request for Utility Services (RUS2005-00113) and the City of Vancouver’s
latest General Requirements and Details. Revise and resubmit as required to satisfy review
redlines and comments.

Restaurants and kitchens are subject to the requirements of the City’s Oil & Grease
Management Program and related sections of the Uniform Plumbing Code. Contact the City’s
OGM program at 696-8177 to inquire about location and sizing requirements. Properly size
facilities prior to making provisions on the civil plans.

During Construction:
Construct improvements to the existing pump station and new sanitary sewers as shown on the
approved civil plans and as directed by the City’s Construction inspectors. Satisfy all of the
construction, inspection, testing, and submittal requirements outlined at the pre-construction
conference and as directed by the inspectors.

Prior to Final Site Plan Approval:
Secure Final Engineering Project Acceptance and satisfy all of the submittal and other
requirements itemized in the project’s Notification of Civil Plan Approval.

Prior to Issuance of any Occupancy Permit:
Pay sanitary sewer connection fees, secure a connection permit, and connect to the public
sanitary sewer prior to receiving occupancy.

Erosion Control
Finding: The project site slopes to the southeast to a wetland area. Protecting this area from
sediment discharges will be essential. The existing storm system in SE 192nd Avenue drains to
a regional infiltration facility. Sediment must not be allowed to reach this critical
infrastructure. Tracking of sediment onto SE 192nd Avenue will not be allowed. A wheel
wash will be required if construction occurs during winter months (October 1 to April 30) or if
tracking becomes a problem due to weather conditions or the contractor’s work practices. The
applicant has submitted a preliminary erosion control plan. Prior to Civil Plan Approval, a
final Erosion/Sedimentation control plan shall be submitted for civil review.




Final Order - PRJ2005-00704 192nd Avenue Station                                   Page 23 of 30
Stormwater
The applicant has submitted a preliminary stormwater plan and a hydrology report. A regional
stormwater facility was constructed with the SE 192nd Avenue project. The facility was sized
to take runoff from the adjacent developments including this one. A stub was extended to the
southwest corner of the site. The applicant’s preliminary plans show a connection to this stub.

The proposed project will have several restaurants, and spill control type oil/water separators
will be required. The preliminary plans include these separators in several locations.

The southeast corner of the site has a delineated wetland area. The area is adjacent to a wetland
tract that is owned by the City. The owner is encouraged to deed this wetland area to the City
so that it can be incorporated into the existing wetland area that is maintained and protected by
the City. Prior to Civil Plan Approval a final stormwater plan and hydrology report shall be
submitted for civil review.

Fire - Title 16
16.04.160 Water Supply and Fire Hydrants (IFC 508)
The available fire flow is adequate for up to 4,800 square feet in attached floor area with type
5-B construction or up to 10,900 square feet in attached floor area with type 5-A construction.
With credit for automatic fire sprinkler systems the available fire flow is adequate.

The applicant has proposed new fire hydrant locations and the placement is approved.

Prior to civil plan approval, the plans shall show the new fire hydrants with the pipe sizes
indicated.

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

Fire lane markings are required. Fire lane marking details and placement are required to be
indicated on the submitted plans for approval.

Prior to civil plan approval fire lane sign placement and details shall be indicated on the plans.

Prior to site plan approval fire lane sign placement and details shall be indicated on the plans.

Prior to issuance of certificates of occupancy, approved fire lane markings shall be installed.

Prior to construction, fire apparatus access roads for emergency response shall be installed and
made serviceable.

During construction fire apparatus access shall be maintained.

16.04.170 – 16.04.210 Fire Protection Systems (IFC Chapter 9)

Automatic fire sprinkler protection is required for all buildings containing group R
occupancies within this project.


Final Order - PRJ2005-00704 192nd Avenue Station                                      Page 24 of 30
Automatic fire sprinklers are required where the attached floor area is at or above 12,000
square feet.

Automatic fire sprinklers are required where the attached floor area exceeds the limits imposed
by the available fire flow as indicated in IFC Table B105.1.

Automatic fire protection systems are required for the protection of commercial cooking
equipment where type 1 hood and vent systems are required by the mechanical code.

Fire alarm systems are required for some of the proposed structures.

Fire protection systems are each separate permit applications.

Prior to occupancy, required fire protection systems shall be installed and approved.

Prior to civil plan approval, fire department connections (FDC) shall be shown to be at an
approved location within 150 feet of a fire hydrant.

Prior to civil plan approval, a note shall be included on the water utility pages stating,
“Separate permits are required for on site underground fire protection water lines”.

16.04.010 Premises Identification (IFC 505)
Addresses and approved street identification signage shall be visible and legible from the fire
lanes for emergency response.

Prior to issuance of certificates of occupancy, address and premises identification shall be
plainly visible and legible from the street or road fronting the property for emergency vehicle
response.




Final Order - PRJ2005-00704 192nd Avenue Station                                    Page 25 of 30
                                         DECISION
The proposed development is permitted through approval of a conditional use permit. Based
upon the findings and conclusions herein, the criteria for approval have been satisfactorily met,
or shall be met with the conditions of approval, and no significant adverse impacts have been
identified. The request meets the applicable requirements of the zoning district, comprehensive
plan and other applicable codes and the Examiner hereby approves preliminary short
subdivision approval, preliminary site plan approval, major variance approval and conditional
use permit approval with conditions as noted below as shown in Exhibit 24. Be advised that
this approval does not grant the right to permits, but only determines that the site can meet the
requirements of the applicable ordinances, as described in this decision.

                              CONDITIONS OF APPROVAL

Prior to Civil Plan Approval
1. The driveway access shown on the civil drawings just south of SE 20th Street on the east
   side of 192nd Avenue shall be a right-in right out only access and deceleration lane
   provided by the applicant.

2. Final civil plans shall demonstrate the removal of the temporary curbing restricting the
   south bound left-hand turn pocket on 192nd Avenue on to SE 20th Street.

3. Provide plans showing signal design details for the intersection of SE 20th Street and
   192nd Avenue.

4. The applicant shall pay the model run and maintenance fees totaling $3,900 as shown in
   Section E of the Certificate of Concurrency.

5. The applicant shall pay the proportionate share toward the intersections detailed in the
   Certificate of Concurrency totaling $63,033.42.

6. All frontage improvements within the public right of way shall be constructed in the first
   phase. Other public facilities necessary to serve each phase will be constructed in
   conjunction with or prior to each phase, but site plan amenities not required by code,
   including but not limited to the site’s clock tower, need not be constructed with any
   particular phase.

7. Current ADA requirements for all sidewalks, ADA ramps, and driveway approaches shall
   be met. Current ADA standards require the use of truncated domes on all ramps.

8. Design improvements to the existing public pump station and related public gravity sewers
   as outlined in the Request for Utility Services (RUS2005-00113) and the City of
   Vancouver's latest General Requirements and Details. Revise and resubmit as required to
   satisfy review redlines and comments.

9. Properly size facilities for restaurants and kitchens prior to making provisions on the civil
   plans.


Final Order - PRJ2005-00704 192nd Avenue Station                                     Page 26 of 30
10. A final Erosion/Sedimentation control plan shall be submitted for civil review.

11. A final stormwater plan and hydrology report shall be submitted for civil review.

12. The plans shall show the new fire hydrants with the pipe sizes indicated.

13. Fire department connections (FDC) shall be shown to be at an approved location within
    150 feet of a fire hydrant.

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

15. A note shall be included on the water utility pages stating “Separate permits are required
    for on site underground fire protection water lines.”

Prior to Commencing Public Improvement Construction
16. Obtain a right of way permit and an approved traffic control plan prior to any construction
    within a City of Vancouver or Clark County right of way prior to the start of construction.

17. Fire apparatus access roads for emergency response shall be installed and made
    serviceable.

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

During Public Improvement Construction
19. The applicant shall plane the street to the centerline north of the utility trench and replace
    with a 2-inch hot mix asphalt pavement overlay.

20. Construct improvements to the existing pump station and new sanitary sewers as shown on
    the approved civil plans and as directed by the City’s Construction inspectors. Satisfy all of
    the construction, inspection, testing, and submittal requirements outlined at the pre-
    construction conference and as directed by the inspectors.

21. Fire apparatus access shall be maintained.

Prior to Final Plat Approval
22. All easements dedicated to the City of Vancouver shall be shown on the final plat.

23. A joint access and parking agreement shall be recorded prior to final plat approval.

24. A note shall be added to the final plat that reads: “If any cultural or historical resources are
    discovered in the course of undertaking the development activity, the Department of
    Archaeology and Historic Preservation (DAHP) in Olympia and City of Vancouver
    Development Review Services must be notified. Failure to comply with these State
    requirements may constitute a Class C felony subject to imprisonment and/or fines.”


Final Order - PRJ2005-00704 192nd Avenue Station                                       Page 27 of 30
25. A covenant shall be executed in a form agreeable to the City that shall require that the
    applicant and his successors comply with the maintenance requirements imposed by
    VMC 20.770.100. The covenant shall be binding on successor property owners and
    owners’ associations. The covenant shall be recorded by the county auditor

26. Include on the face of the plat the boundary of the wetland and the 60-foot-minimum
    wetland buffer.

27. Dedicate the wetland and its buffer to the City or other public or non-profit entity specified
    by the Planning Official to hold as sensitive land undevelopable except as provided for in
    Section 20.775.025 VMC; or a conservation covenant shall be recorded in a form approved
    by the city attorney as adequate to incorporate the other restrictions of this section and to
    give notice of the requirement to obtain a wetland permit prior to engaging in regulated
    activities within a wetland or its buffer.

28. Secure final engineering project acceptance and satisfy all of the submittal and other
    requirements itemized in the project’s notification of civil plan approval.

Prior to Final Site Plan Approval
29. Indicate trash enclosure screening material on the plans.

30. Plans for Areas A, B and C shall be revised to show wheel stops located 2 feet back from
    the front of the parking stall for all parking spaces along the boundaries of the parking lot
    or adjacent to interior landscaped areas or sidewalks.

31. Revise the site plan for Area A to provide one additional loading area.

32. Revise the final site plan to show the minimum required trash enclosure areas for Areas A
    and B.

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

Prior to Issuance of any Building/Development Permits

34. All applicable fees shall be paid including transportation impact fees.

Prior to Issuance of any Certificate of Occupancy
35. Water System Development Charges (SDCs) after adjustments for any applicable credits
    shall be paid in full.

36. Pay sanitary sewer connection fees after adjustments for any applicable credits, secure a
    connection permit, and connect to the public sanitary sewer prior to receiving occupancy.

37. Approved fire lane markings shall be installed.

38. Required fire protection systems shall be installed and approved.



Final Order - PRJ2005-00704 192nd Avenue Station                                     Page 28 of 30
39. Addresses and premises identification shall be plainly visible and legible from the street or
    road fronting the property for emergency vehicle response.

Other
40. A setback variance authorized by this decision shall become void after one year unless a
    building permit has been issued and substantial construction has taken place unless it is
    extended through a recorded development agreement approved by City Council.

41. The Applicant anticipates seeking post decision review for one or more tenants in Areas A
    and C, as these tenants are identified. So long as the proposed changes do not increase the
    amount of the setback variance they would not require a Type III post decision review.

Dated this 28th day of March 2006


                                             ____________________________________
                                                   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 - PRJ2005-00704 192nd Avenue Station                                     Page 29 of 30
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 ($1,000.00); 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 - PRJ2005-00704 192nd Avenue Station                                        Page 30 of 30

				
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