HomeMy WebLinkAboutResolution 4315 Resolution No. 4315
A Resolution of Intent to Rezone and providing Preliminary Subdivision Approval
for property located in the 9800 Block of 2nd Avenue West in the City of Everett
Pacific Rim Development Company
1000 SE Everett Mall Way, Suite #201
Everett, WA 98208
Springdale South - Subdivision/PRD #1-96
WHEREAS, Pacific Rim Development Company filed an application to rezone property
generally located at 9800 Blk. of 2nd Avenue West (Lot 22, Blk. 7, Plat of Intercity
Addition, Division #1) from R-3 (Multiple Family Medium Density Residential) to R-3
Planned Residential Development (R-3 PRD) and concurrently filed an application to
subdivide said property into eleven (11) lots for the purpose of constructing ten (10)
single family dwelling and one (1) duplex; and
WHEREAS, The Hearing Examiner held a public hearing and did adopt findings,
conclusions and decision dated August 1, 1996, recommending to the Everett City
Council that the proposed preliminary Subdivision be approved in accordance with the
conditions of the Examiners decision and that the proposed rezone be approved
pursuant to the provisions of Chapter 32 and Section 41.160 D (f) of Ordinance No.
1671-89, as amended, subject to the conditions of the decision; and
WHEREAS, The City Council Finds:
1. The rezone is consistent with the Everett General Plan; and
2. The rezone bears a substantial relation to the public health, safety and
welfare and promotes the best long term interest of the Everett
community; and
3. The terms of this Resolution are sufficient to mitigate adverse impacts
upon existing or anticipated land uses in the immediate vicinity of the
property herein described;
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NOW, THEREFORE, Be it Resolved by the City Council of the City of Everett that:
Section 1: It does hereby adopt the Hearing Examiner's Findings, Conclusions and
Decision dated August 1, 1996, hereinafter refereed to as ("Decision") which is attached
hereto and incorporated herein by reference as Exhibit "A"
Section 2: It does hereby adopt this Resolution of Intent to Rezone and does declare
its intent to rezone property located at 9800 Blk. of 2nd Avenue West legally described
as Lot 22, Blk. 7, Plat of Intercity Addition Division #1, according to the Plat thereof
Recorded in Volume 11 of Plats, Page 9, Records of Snohomish County, Washington,
from R-3 (Multiple Family Medium Density Residential) to R-3 Planned Residential
Development (R-3 PRD), for ten (10) Single Family Detached Units and one (1) duplex
on eleven (11) lots pursuant to the provisions of Section 41.160 of Ordinance No. 1671-
89, as amended (Performance Agreement Rezones), and pursuant to the conditions set
forth herein and in the Hearing Examiners Decision .
Section 3: The City Council does hereby grant Preliminary Subdivision Approval to the
herein described property pursuant to the conditions set forth herein and in the Hearing
Examiner Decision.
Section 4: Time Limits - Within a period of three (3) years following the approval of this
Resolution of Intent to Rezone by City Council, the applicant shall file with the Planning
Department a final development plan consistent with this resolution. The Planning
Director, for good cause, may extend for one (1) year the period for filling of this final
development plan.
If the applicant fails to apply for final approval for any reason within the three (3) year
time frame described herein or in the case of four (4) years when extension has be
authorized this Resolution of Intent to Rezone shall be void. In the event this
Resolution of Intent to Rezone is void then all future permits shall be subject to the
requirements of the basic zoning and subdivision codes unless a new application for
preliminary PRD approval is submitted and approved.
Section 5: Performance Agreement Rezone Map Change - Upon Final Development
Plan Approval of the project authorized herein in full compliance with this Resolution of
Intent to Rezone, the City shall give effect to the rezone by adopting an ordinance that
makes the change to the zone boundary or zone classification on the Zoning Map that
was approved in this Resolution of Intent to Rezone. Such an amendment to the
Zoning Map shall be made by the City Council adopting an Ordinance which specifically
describes the property being rezoned.
Section 6: Use of Property inconsistent with this Resolution - If any use of the herein
describe property is inconsistent with the terms of this Resolution, either before, during,
or after construction and installation of all improvements required by this Resolution,
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this Resolution shall become void and all entitlements to the uses permitted herein shall
be forfeited, and any use inconsistent with the underlying zoning of the property shall
be deemed a violation of the zoning code and be subject to violation, enforcement, and
penalty provisions thereof.
Section 7: Resolution - A copy of this Resolution shall be recorded with the Snohomish
County Auditor's Office. All conditions, limitations and terms specified herein shall be
binding upon the property and all future owners, heirs and assigns with any interest in
the property described herein.
Councilmber Introd ing Resolution
PASSED AND APPROVED THIS 28th DAY OF August 1996.
Ade
ouncil President--
ATTEST:
residentATTEST:
City Clerk
RES-1-96
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)04 ,11, 0- A II
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER OF THE
CITY OF EVERETT
IN THE MATTER OF THE APPLICATION OF
PACIFIC RIM DEVELOPMENT CO. FOR
APPROVAL OF A PLANNED RESIDENTIAL
DEVELOPMENT AND SUBDIVISION PRD/SUBDIVISION # 1-96
RECOMMENDATION: The requested amendment to the City's Zoning
Map for a change of the zoning designation of
the property in the 9800 Block of 2nd Avenue
West, Everett, Washington, should be granted
with the designation changed from R-3 to
R-3(PRD). In addition, the Planned Residential
Development and subdivision of 11 lots with
12 units on the 1.53 acres of land should be
granted.
INTRODUCTION
Pacific Rim Development Company (Applicant) requested approval of an amendment to
the City of Everett Zoning Map that would change the property in the 9800 Block of 2nd
Avenue West (Lot 22, Block 7, Plat of Intercity Addition Division No. 1), Everett,
Washington (subject property) from an R-3 to an R-3(PRD) zoning designation.
In addition, the Applicant requested approval of a Planned Residential Development
(PRD) and subdivision of the subject property into 11 lots with 12 dwelling units. The
property is a 1.53 acre parcel of land.
A hearing on the request was held before the Hearing Examiner of the City of Everett
on July 25, 1996. At the hearing the following presented testimony and evidence:
Don Wood, Planning Department
Gordon Witcher, Public Works Department
Mike Smith
3605 Colby
Everett, WA 98201
At the hearing the following exhibits were submitted and were admitted as part of the
official record of these proceedings:
1. Staff Report
2. Vicinity/Zoning Map
3. Site Plan/Elevation (Typical)
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4. Plat Map/Supplemental Map
5. Landscaping Plan
6. Wetland Mitigation Plan
7. Mitigated Determination of Non-Significance (MDNS)
8. Draft Resolution of Intent
9. Letter to Don Wood from Gerald Birdsell dated 7-4-96
10. Letter to City of Everett from John L. Scott Land Department dated 7-16-96
All of the exhibits are available for inspection at the Hearing Examiner's Office located
at 2930 Wetmore Avenue, 8th floor, Everett, Washington.
After due consideration of the testimony and evidence presented by the Applicant,
testimony and evidence elicited during the public hearing, and as the result of the
personal inspection of the subject property and surrounding areas by the Everett
Hearing Examiner, the following findings of fact and conclusions constitute the basis of
the recommendation of the Everett Hearing Examiner.
FINDINGS OF FACT
1. The Applicant requested approval of an amendment to the City of Everett's
Zoning Map for property at the 9800 Block of 2nd Avenue West. The requested
amendment was to change the zoning of the subject property from an R-3 to an
R-3(PRD) designation. In addition, the Applicant requested approval of a PRD
and a preliminary plat for the subdivision of the parcel, 1.53 acres of land. The
subdivision will result in 11 lots, with 10 lots being single-family residential lots
and one lot being developed as a duplex. (Exhibit #1, Wood testimony)
2. Admitted at the public hearing as exhibit #4 was a copy of the proposed PRD
preliminary plat map. A copy is available for inspection in the Planning
Department.
3. The gross area of the subject property is 1.53 acres, and the proposed
development will include 1.11 acres. The property is currently zoned R-3,
Multiple-Family Medium Density. The Everett General Plan designation for the
subject property is Multiple-Family, 20 - 29 Dwellings Per Gross Acre. (Exhibit
#1)
4. The property to the north is zoned R-1 and is developed with single-family
residences. The property to the south is vacant and is zoned R-3. The
properties to the east and west are zoned R-3 and are developed multiple-family
residential. (Exhibit #1)
5. EMC 19.42.160.D.8 allows Performance Agreement Rezones. In order for a
Performance Agreement Rezone to be allowed, site specific proposals, including
PRD's, must be reviewed pursuant to the evaluation criteria as set forth in the
ordinance. (Exhibit #1)
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6. The proposal of the Applicant is for ten single-family detached dwellings and one
duplex. This density will result in approximately 7.3 dwellings per gross acre
and ten dwellings per net acre. This proposed density is significantly less than
the Medium Density Multiple-Family, 20 - 29 Units Per Gross Acre as projected
in the Everett General Plan. However, because of the unique features of the
site, including the narrow width of the parcel, wetlands located on the property,
and the abutting single-family residential development, the reduced density is
consistent with the historical development in the area and warrants a rezone to
the R-3(PRD). The proposed density is 10 units per acre, which is less than the
Everett General Plan designation of Multiple-Family, 20 - 29 Dwelling Units Per
Gross Acre. (Exhibit #1, Wood testimony)
7. The City submitted that the proposed development will result in affordable
housing opportunities, which is a goal of the City for encouraging affordable
housing. The PRD, as proposed, will allow reduction in development standards
for lot area and setbacks and will also result in a development that is superior to
that which could be accomplished with R-3 zoning standards. (Exhibit #1, Wood
testimony, Smith testimony)
8. The public health, safety, and welfare have been considered through the review
of SEPA and the plat permit. The proposed development will be adequately
served by public systems, and there is no need for upgrades of these systems.
(Witcher testimony)
9. Pursuant to the State Environmental Policy Act (SEPA), the City of Everett was
designated as the lead agency for the review of environmental impacts resulting
from the proposed development. On July 10, 1996, the City issued a Mitigated
Determination of Non-Significance (MDNS). No appeals of this MDNS were
filed, and the determination has become final. (Exhibit#7)
10. The City prepared a draft Resolution of Intent to amend the zoning designation
as part of the staff report. The Resolution incorporates the conditions of SEPA
and conditions of this recommendation. (Exhibits #1 & #8)
11 . As part of the proposed PRD, the Applicant requested the subdivision of the
property. EMC 18.12.080 sets forth requirements that must be satisfied in order
for the subdivision to be approved within the City of Everett. (Exhibit #1)
12. The proposed subdivision will result in the development of 11 lots. The public
use and interest are served with the additional housing being developed in an
orderly manner consistent with the Everett General Plan and the Everett Zoning
Code development standards. The housing on the smaller lots will allow for
reduced housing costs for the community. (Wood testimony)
13. The public health, safety, and general welfare are served by the proposal.
Adequate measures for utility service, storm drainage, fire flows, traffic
circulation, and pedestrian circulation have been considered. (Wood testimony)
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14. The existing R-3 zone requires minimum 5,000 square foot lots. The R-3(PRD)
zone, as proposed, will have smaller lots than R-3 area standards and will have
at least one multiple-family duplex lot. All of the single-family lots will be less
than 3,800 square feet, and the duplex lot, lot #4, will be approximately 5,400
square feet. With these reduced sized lots, the proposal will be consistent with
the PRD overlay zone. (Exhibit #1 , Wood testimony)
15. The site is flat with small depressions. The soil type is Alderwood Series, and
there are deciduous and evergreen trees and native grasses on-site. There is a
Class IV wetland immediately south of the subject property. The buffer to the
wetland, 100 feet, extends into the subject property. The Applicant will be
required to mitigate all impacts to the wetlands and buffers. (Exhibit#1, Wood
testimony)
16. The internal access road of the subject property will extend partially into the
wetland buffer. As a result, the Applicant will be required to provide mitigation
for the 832 square feet of encroachment within the buffer. (Exhibit #1)
17. The storm drainage of the site will ultimately flow into a detention system on
Tract 999, located near the eastern boundary of the subject property. The
Public Works Department of the City of Everett indicated that the drainage
impacts will be mitigated, and the site can be properly controlled from drainage
damage. (Exhibit #1, Witcher testimony)
18. Each lot within the proposed subdivision will have a minimum rear yard area of
at least 500 square feet. The City has stated this is adequate for open space
within the subdivision. (Exhibit #1 , Wood testimony)
19. The proposed subdivision is located in the Mukilteo School District. As part of
SEPA identified impacts of school overcrowding, the Applicant and the school
district will enter into a mitigation agreement. The school district and the
Applicant have entered into a voluntary mitigation agreement. (Exhibits #1, #7)
20. Sewer and water are available to the site. The sewer and water will be
connected to mains that are located in adjoining streets. (Witcher testimony)
21 . The proposed project will generate approximately 120 vehicular trips per day.
This increase in traffic will impact streets, intersections, and road improvements
in the general area. The Public Works Department determined that the total
impact from the development of the site will result in impacts that can be
mitigated with a $9,200 payment as part of street improvements in the area.
Pursuant to the City's interim mitigation ordinance, the City is requiring the
Applicant to pay a mitigation fee of $9,200. The Applicant will also be required
to make half-street improvements on 2nd Avenue West where it fronts the
subject property. The 2nd Avenue West improvements shall include curbs,
gutters, and sidewalks. (Witcher testimony)
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22. The internal street within the subdivision will be a dedicated public right-of-way
with a 28 foot paved way. The Applicant wil! make all improvements, including
pedestrian curbs, gutters, and sidewalks. A dedication of a 45 foot wide road for
internal circulation must be made to the City of Everett by the Applicant.
(Witcher testimony)
23. The proposal is not in a significant flood plain. Flood plain requirements do not
apply. (Exhibit #1)
24. In addition to the preliminary plat, the Applicant seeks a Planned Residential
Development. EMC 19, Chapter 32, sets forth the requirements for PRD's within
the City. (Exhibit #1)
25. Direct access to the site can be accomplished without creating unacceptable
volumes or a change of character of traffic along local streets and adjacent
neighborhoods. In light of the traffic improvements to be made from mitigation
fees, the road improvements of 2nd Avenue West, and the internal road
improvements within the plat, the traffic access to the site will not create impacts.
(Exhibit#1, Witcher testimony)
26. The site is located near sanitary sewers, water lines, storm and surface drainage
systems, and other utility systems that can handle the increased use. There will
be no requirement for enlargement of any of these utilities. (Exhibit #1, Witcher
testimony)
27. The type of dwelling structures in the proposed development will be similar to
that in adjoining properties. (Exhibit#1, Wood testimony)
28. The subject property is currently located in an R-3 zone. Single-family detached
structures are permitted in this zone with a minimum lot width of 50 feet, a
minimum lot depth of 80 feet, building setbacks of 20 feet for the front and rear,
and 5 feet for the side yard. The proposed lots are approximately 4,400 square
feet, and the lot and setback requirements of the R-3 zone will be reduced.
However, the PRD overlay and its design standards can be developed without
impact to other properties. (Exhibit #1, Wood testimony)
29. A density increase of the current zoning requirement is reasonable because the
Everett General Plan projects the subject property to be developed at a much
higher density than as proposed. The development density standards are
satisfied. (Wood testimony)
30. The Applicant proposed landscaping which will provide a uniform streetscape
and landscape entryway. In addition, the dwellings will be landscaped
consistent with other properties in the area. (Exhibit #1, Wood testimony)
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31 . Based on the submitted site plan (exhibit #3), there is preservation of natural site
features, variation of buildings, and adequate solar orientation. (Wood
testimony)
32. The proposed development will be harmonious with other properties in the area.
(Exhibit #1)
33. At the public hearing there was no opposition testimony.
34. The Applicant agreed with the identification of impacts resulting from the
proposed development. The Applicant also agreed that the mitigation measures,
as proposed by the City, are reasonable. (Smith testimony)
Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to
hold a hearing and to make a recommendation to the Everett City Council. Based on
the above findings, the Hearing Examiner makes the following conclusions:
CONCLUSIONS
1. The Applicant requested approval of an amendment to the City of Everett's
Zoning Map for property at the 9800 Block of 2nd Avenue West. The requested
amendment was to change the zoning of the subject property from an R-3 to an
R-3(PRD) designation. In addition, the Applicant requested approval of a PRD
and a preliminary plat for the subdivision of the parcel, 1 .53 acres of land. The
subdivision will result in 11 lots, with 10 lots being single-family residential lots
and one lot being developed as a duplex. (Finding #1)
2. A Performance Agreement Rezone is reviewed pursuant to the provisions of
EMC 19.42.160.D.8. The requirements of this ordinance include:
1 . The proposal must be consistent with the Everett Comprehensive Plan.
2. The proposal must bear a substantial relation to public health, safety, and
welfare and promote the best long term interest of the Everett community.
3. The terms of the Resolution of Intent agreed to by the Applicant and the
City must be sufficient to mitigate adverse impacts upon existing or anticipated
land uses in the immediate vicinity of the subject property.
All of these criteria are satisfied with the proposed Everett Zoning Code
amendment. (Findings #7, #8, #9, #10, #24 & #29)
3. The proposed subdivision of the subject property, with the density of 10 units per
acre, is consistent with the Everett General Plan designation of Medium Density,
Multiple-Family 20 - 29 Dwelling Units Per Gross Acre. It satisfies the density
range as established in the Everett General Plan. (Finding #29)
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4. Housing element #1.31, which requires the City to consider incentives for
housing developers in return for housing that is affordable, is satisfied by the
proposed development. The subdivision, with the multiple-family structure, will
create affordable housing. The Applicant has provided alternative housing
opportunities. (Finding #7)
5. The proposed subdivision will provide affordable housing. There will be no
significant impacts to the environment that cannot be mitigated, and adequate
utility service, traffic circulation, pedestrian circulation, and other City amenities
are provided. (Findings #7, #9, #13, #22 & #28)
6. The conditions of the Resolution of Intent, as agreed to by the Everett City
Council and the Applicant, are sufficient to mitigate adverse impacts. In addition
to the terms of the Resolution of Intent, the conditions of the MDNS are also
applicable to the site. (Findings #7 & #9)
7. As part of a PRD review in the City of Everett, the criteria as set forth in EMC
19.32.030 must be satisfied. A review has been made of these criteria, and they
are satisfied by the proposed project. In addition to the general criteria, site
specific criteria are set forth in the EMC (reference is made to the site criteria as
set forth in the staff report). The specific criteria have been addressed in the
findings.
8. The site, accessible to 2nd Avenue West and 1st Avenue S.E., will not
significantly increase traffic. Local streets can handle the increased traffic. In
addition, all sanitary sewer and water lines, storm and surface drainage, and
other utility systems are available. The proposal will not result in increased
costs to the public. (Findings #16, #21, #22, #25, & #26)
9. The proposed PRD will have a dwelling type that is permitted and is consistent
with an R-3(PRD) zoning designation. (Finding #28)
10. The proposed subdivision is a permitted use in the R-3(PRD) zone and can be
developed. (Finding #28)
11 . The density standards for the R-3(PRD) zone are less than the maximum
permitted in the Everett General Plan. However, the location of the site and the
surrounding properties allow for the reduced density of 10 dwelling units per
acre, which will provide a transition from the higher multiple-family development
to the lower single-family development in the area. (Findings #4, #6, #14, &
#28)
12. The variation of the design and development standards, as proposed by the
Applicant, are not significant and will not impact other properties in the area.
The project is not proposing a density increase above the projected Everett
General Plan designation and its density. (Findings #28 & #31)
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13. Adequate landscaping will provide amenities to the site. There will be open
space and vegetation on-site. (Finding #30)
14. The proposed site plan has been reviewed, and there will be a preservation of
natural site features, a variation of building placements, and adequate solar
orientation. (Finding #31)
15. Adequate measures are taken for consistency with traffic circulation standards of
the City of Everett, parking availability, and design and construction of streets.
(Finding #22)
16. Open spaces will be developed on-site in a manner that will preserve the natural
features. (Finding #28)
17. The project will impact some trees. However, the proposed landscaping will
upgrade the site. The wetland and buffer area will be protected. (Finding #15)
18. All natural site features will be protected. (Findings #15 & #28)
19. In order for a subdivision to be approved within the City of Everett, the criteria of
EMC 18.12.080 must be satisfied. These criteria are satisfied. (Findings #15 -
#33)
20. It is in the public use and interest for the subdivision to be approved. Additional
housing of single-family units will be provided and a duplex for affordable
housing will be developed on-site. (Findings #7 - #29)
21 . All of the utilities, traffic circulation, storm drainage, and other features of the site
have been reviewed. The public health, safety, and general welfare have been
addressed. With the imposition of the conditions, as set forth herein, and the
conditions of the MDNS, the public health, safety, and general welfare will not be
impacted. (Findings #7, #9, #16, #21, #22, #25, & #26)
22. The proposal will have impacts on public systems. With mitigation fees to the
Mukilteo School District and road improvements, public system impacts will be
mitigated. (Findings #7, #8, #19, & #21)
23. No floor plain requirements are required. (Finding #23)
24. The Applicant agreed with the identification of impacts resulting from the
proposed development. The Applicant also agreed with the mitigation
measures, as proposed by the City, in addressing these impacts. (Finding #34)
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RECOMMENDATION
Based upon the preceding findings of facts and conclusions, testimony and evidence
submitted at the public hearing, and upon the impressions of the Hearing Examiner of a
site view, it is hereby recommended to the Everett City Council that the requested
amendment to the City's Zoning Map for a change of the zoning designation of the
property in the 9800 Block of 2nd West, Everett, Washington, should be granted with
the designation changed from R-3 R-3(PRD). In addition, the Planned Residential
Development and subdivision of 11 lots with 12 units on the 1.53 acres of land should
be granted subject to the following conditions:
1 . Lot design/configuration for this plat shall be as shown on the preliminary plat
map and site plans on file with the Planning/Community Development
Department. Any changes in lot design/configuration will require approval both
by Planning and Public Works Departments.
2. Final Site Plans: A final site plan must be submitted to the Planning/Community
Development Department that is in substantial compliance with the approved
preliminary development plan and conditions of approval as stated in this
decision.
3. Final Landscaping Plans - Final landscaping plans must be submitted to the
Planning/Community Development Department for approval. The plans must
address the following:
a. A detailed final plan for the entire site showing width and location of all
landscape buffers, streetscape, location of plant material, specific plant
type, size and quantity.
b. Typical lot detail for each building plan showing front, rear, and side yard
plantings, with location of plant material and specific plant type, size, and
quantity. Fencing or planting for yard areas will need to be approved by
the Planning Department.
c. A detail final plan of the landscaped entryways and identification signing.
d. A detailed final plan for proposed wetponds which includes fencing and
planting.
4. Building Design/Unit Type: Final building designs and unit type shall be
reviewed by the Planning/Community Development Department and meet the
following criteria:
a. 10 Single Family Detached Units
b. 1 duplex unit (Lot 4)
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c. Final Building Plans consistent with the Approved Final Site Plan and
EMC Title 19. Section 7 (Small Lot Single Family Dwellings and Duplex
Development Standards)
5. All common landscaped areas shall be maintained by a Homeowners
Association.
6. Parking: Each unit is required a minimum of four off-street parking stalls.
Parking shall be provided by two-car garages and two in driveways. The parking
for the duplex unit will be a total of six parking stalls. The project must prohibit
the conversion of garages to living areas. Note on the final plat map.
7. Fire hydrants capable of providing the required fire flow must be located within
350 driving feet of all residences in the proposed subdivision. Locations of the
hydrants must be approved by the City Fire Marshal. The hydrants must meet
City specifications.
8. The City of Everett prohibits outdoor burning. No fires for the purpose of
disposing of construction debris will be allowed. Fire safety practices during
construction must be in compliance with Article 87 of the Uniform Fire Code.
9. Detailed drawings in accordance with City Design and Construction Standards
shall be submitted to the Public Works Department showing, utilities, storm
drainage, temporary construction erosion control, and all required improvements
in the public right-of-way. Public Works Department approval of these drawings
is required prior to any permits being issued. All improvements shall be
completed, approved, and warranted before the final plat approval is issued.
10. Forty-five (45) feet of right-of-way is to be dedicated to the City for street
purposes for the new street within the proposal.
11. The new street must be 28 feet wide curb to curb with sidewalk on the north
side.
12. Full standard half street improvements including, but not limited to, curb, gutter,
and sidewalk are required to the full frontage on 2nd Avenue West per City
Design Standards.
13. Signs stating "No Parking" must be provided within the circumference of the cul-
de-sac and in the alleys as directed by the City Engineer.
14. The construction plans must be designed from a site survey performed by a
licensed State of Washington land surveyor.
15. Soil compaction testing shall be performed throughout the construction of the
public street and utilities. Density curves shall be submitted to the Public Works
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Department prior to permits being issued for any aspect of the project. All work
performed by the geotechnical engineer or testing lab shall be reported directly
to the City Public Works Inspector before covering work can be continued by the
contractor. Daily reports shall be kept by the soils investigator/tester and
submitted to the Public Works Inspector within 24 hours.
16. All exposed ground must be reseeded within 30 days of the completion of
construction. If reseeding is not practical due to weather or seasonal problems,
the ground must be covered with mulch as directed by the City Engineer.
17. Temporary erosion control measures for construction activity must be
operational prior to commencement of any clearing or earthwork.
18. A note must be added to the final plat map that all lots must be served by a
gravity sewer system.
19. Public sewer and water mains must be installed for this project in accordance
with City Design and Construction Standards.
20. A one year guarantee is required on the public improvement for an amount not
less than 10% of the cost of construction and shall run for one year from the date
of final approval.
21. Requirement for Maintenance Warrant Bond: After satisfactory completion of the
detention/retention or other drainage treatment/abatement facilities and release
of any performance bond by the City, the developer constructing the drainage
facilities must satisfactorily maintain the facilities for a two year period. A
maintenance warranty bond in an amount equal to 10% of the cost of
construction of the drainage facilities must be posted and maintained throughout
the two year period. In addition, the warranty bond shall cover the cost of design
defects and/or failures in workmanship of the facilities throughout the two year
maintenance period. Alternatively, an equivalent cash deposit to an escrow
account administered by a local bank designated by the city may be acceptable.
22. City streets are to be kept clear of dirt and debris at all times during construction.
Dust suppression and street cleaning must occur as directed by the Public
Works Inspector.
23. As-builts of storm sewer, including the wetpond and detention vault, sanitary
sewer, and water systems, will be required to be submitted per City Design and
Construction Standards and Specifications.
24. A two year guarantee is required for public retention/detention or other drainage
treatment/abatement facilities serving areas larger than one acre.
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25. Premise Identification - Premises shall be identified by the correct address at the
street entry. Single family homes shall be clearly identified so as to be visible
and legible from the street.
26. Premise Identification and all required Fire Department Access Roads and Fire
Hydrants shall be in service prior to commencement of construction.
27. A paved driveway per City Standards 3.4 is required before final approval for
lots 2, 3, and 4. Pavement width must be no less than 20 feet.
28. There shall be a recorded easement agreements between lots 2, 3, and 4 for
access and utilities. The easement shall provide perpetual access to the lots for
ingress, egress, and all utilities, including telephone, television cable, gas,
water, sewer, and drainage. This easement shall provide for installation, repair,
and maintenance of utilities together with right of ingress and egress for such
purposes.
29. The Applicant must provide an easement document that is acceptable to the City
setting forth the method and responsibility for maintenance of the easement
drive.
30. Signs stating "No Parking - Fire Lane - Tow Away Zone" must be provided within
the easement access driveway and in the cul-de-sac as directed by the City
Engineer and Fire Marshal.
31. All conditions of the Mitigated Determination of Non-Significance shall be
adhered to.
Done and dated this 1st day of August, 1996.
ni. 494
Jakigs M. Driscoll
Hearing Examiner
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