COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT -...
Transcript of COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT -...
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 1 of 61
COMMUNITY
DEVELOPMENT
DEPARTMENT
STAFF REPORT
HEARING BODY: Hearing Examiner
HEARING DATES: May 4, May 16, & May 24, 2017
STAFF REPORT DATE: Revised May 23, 2017
PROJECT NAME: Malloy Heights Planned Unit Development (PUD)
TYPE OF APPLICATION: Preliminary Plat, Planned Unit Development, Plat
Variance
DESCRIPTION: The applicant proposes to subdivide two adjacent
parcels totaling 38.78 acres in size into up to 192 single
family detached lots. One variance request is included
in the proposal for a reduced front setback reduction
on all lots.
PROJECT FILE
NUMBER(S): 16001-PUD, 16002-VAR, and 16018-SE
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 2 of 61
LOCATION: The Malloy Heights project is located on two legal lots
of record (Tax Parcel No. 390219504236 and
390218504171), making up the Northwest quarter of
the Southeast Quarter of Section 18, Township 39
North, Range 2 East. The property is located in the
6200 block of Malloy Avenue, west of Malloy Avenue,
north of Thornton Street. The property has potential
access points from the Plat of Vista Ridge to the west,
Glacierview Division 2 to the south and Malloy Avenue
to the east.
APPLICANT: MD General, LLC
APPLICANT’S AGENT: Craig Parkinson, Cascade Engineering Group
STAFF REPORT EXHIBITS/ATTACHMENTS
Exhibits
1 Staff Report
2 Planned Unit Development (PUD) Application
Attachments
1 PUD Maps
2 Aerial Photo Map
3 Comprehensive Plan Map
4 Zoning Map
5 SEPA MDNS April 17, 2017
6 SEPA Comment #1
7 SEPA Comment #2
8 SEPA Comment #3
9 SEPA Comment #4
10 SEPA Comment #5
11 Applicant SEPA Comment Response
12 Wetland Delineation Study – July 16, 2016
13 Wetland Stream Buffer Average 5-11-17
14 Wetland and Buffer Mitigation Strategy
15 Stream Buffer Strategy – November 23, 2016
16 Housing Examples
17 CC&R’s for Malloy Heights PUD
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 3 of 61
18 Preliminary Storm Report
19 Preliminary Storm Review Letter
20 Temporary Concurrency Certificate
21 Landscape Plan
22 Street Lighting Plan
23 Neighborhood Meeting Information
24 Variance Application
25 Street Width Exhibit
26 Notices and Affidavits
27 Latecomer Agreement
28 Public Comment # 1
29 Public Comment # 2
30 Public Comment # 3
31 Public Comment # 4
32 Public Comment # 5
33 Combined NOA & Intent to Issue an MDNS
34 Public Comment #6
35 Public Comment #7
36 Public Comment #8
37 Public Comment #9
38 Public Comment #10
39 Public Comment #11
40 Public Comment #12
41 Public Comment #13
42 Public Comment #14
43 Public Comment #15
44 Public Comment #16
45 Public Comment #17
46 Public Comment #18
47 Public Comment #19
48 Public Comment #20
49 Public Comment #21
50 Public Comment #22
51 Public Comment #23
52 Public Comment #24
53 Public Comment #25
54 Project Narrative Addendum May 12, 2017
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 4 of 61
55 Project Narrative Second Addendum May 16, 2017
56 Project Narrative Third Addendum May 17, 2017
57 Postal box location map and email from Post Master
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 5 of 61
OVERVIEW
The applicant proposes a Preliminary Plat, Residential Planned Unit Development (PUD) to
subdivide two parcels totaling 38.77-acres, zoned RS 81 (Residential 8 Single Family) into
up to 192 single-family residential lots. Ferndale City Staff have reviewed the proposal
and have sought modifications, the majority of which are reflected in the attached
exhibits. This staff report reflects all modifications that the applicant has proposed in
response to questions posed by the Hearing Examiner. This staff report and the
attachments shall supersede all previous staff reports.
Staff have also attached a series of conditions to ensure that the development meets City
regulations and environmental requirements. The Hearing Examiner is tasked with
making a recommendation (approval or denial, with conditions) to the Ferndale City
Council. If the Preliminary Plat is approved by the City Council, the applicant will have five
years (subject to a one-time extension) to complete the infrastructure work necessary to
support the project. Once the infrastructure is complete (in one or more phases), the
property owner would be able to request that the City Council approve the Final Plat,
which would then formally create individual lots. The Hearing Examiner public hearing is
the last opportunity to make comment at an open record public hearing on this issue.
The Malloy Heights applicant proposes residential development on a 38.77-acre site (see
Attachment 1). The applicant has identified 192 single-family lots comprising a total of
20.97 acres. Single-family lot sizes will range from 4,000 (smallest) to 8,973 (largest)
square feet (sf). The average lot size will be approximately 4,758 sf. The proposed density
and layout is consistent with the density range identified within the Planned Unit
Development regulations, with the anticipated total density for the project achieving
approximately 4.95 dwelling units per gross acre2. All lots are planned for single family
detached structures. See Attachments 1 & 2 for maps of the area.
The subdivision includes single family lots, open space tracts, road rights-of-way, a
stormwater pond and associated infrastructure, privately owned and maintained trails
open to the public, utilities and critical areas.
1 The single family residential zoning was amended in March 2017. RS 8 zoning is now referred to as RS
Medium. The density range remains the same – the main difference is that lot size averaging requirements
have been eliminated. It is unlikely that the zoning change would have measurably impacted the proposed
development or its design. As the proposed subdivision vested to the zoning in place at the time of
application, this staff report will refer to the then-current zoning designation. 2 Per Ferndale Municipal Code 18.68.050 D, the density range allowed is 3-7 residential units per gross acre.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 6 of 61
Of the 38.77 acres being developed, 20.97 acres will comprise lot area, 9.01 acres will be
dedicated as public right-of-way, and 1.69 acres will be established as a stormwater tract.
The remaining 7.09 acres is proposed as eight open space tracts, with approximately 4.8
of these acres (or 22.9% of the total lot area) considered “useable” open space.3
As proposed, the project will be phased over a period of up to five years unless an
extension is requested and granted extending this period to seven years per FMC
17.20.090. The first phase is anticipated to begin Summer 2017, contingent on City
Council approval of the preliminary plat and administrative approval of civil infrastructure.
A phasing plan showing six distinct development areas is provided on page 4 of 19 in
(Attachment 1). The applicant intends to progress in a clockwise direction starting with
the “blue phase”, though phasing may shift depending on market conditions, and the
applicant may elect to develop the project in one phase, provided that City approval is
granted.
The proposal is subject one variance request, to partially reduce the front yard setback
throughout the development discussed later in the staff report. The City recommends
APPROVAL of the variance request, subject to certain conditions as discussed in this Staff
Report as well as past precedent.
BACKGROUND
The site is currently undeveloped, with one house constructed in 1968 and scattered
outbuildings on the property. No previous development proposals have been submitted
for this site.
SETTING
Site Description
The site is zoned RS 8 – Single Family Dwelling and designated as Low Density in the
Comprehensive Plan. Vegetation on the site is a mix of scrubland, trees, fields and
blackberries. The property has rolling topography with a variety of undulations
throughout, but generally slopes downward from the southwest to the northeast, and
contains a number of small, delineated wetland areas scattered across the site (see
Attachments 1-4 for aerial map, comprehensive plan map, zoning map and plat maps).
3 Per FMC 18.68.050 H (Table I), a residential subdivision with total lot area exceeding 6.01 acres must
include at least 20% Usable Open Space. The total lot area of the proposed subdivision is 20.97 acres.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 7 of 61
Surrounding Area
North:
Directly north is an unnamed creek and associated ravine which acts as a tributary of
Whiskey Creek. The north property line of the project site delineates the City limits.
Properties to the north are within the City’s Urban Growth Area (UGA) and are zoned UR4
Urban Residential – 4 units per acre per County zoning.
West:
The Vista Ridge residential subdivision to the west contains ~104 single family residential
lots on approximately 31.4 acres.
East:
The site is bound by Malloy Avenue to the east. Further east lies the Malloy Village PUD
subdivision with ~155 single family and single family attached lots on approximately forty
acres. The fourth phase of the PUD is currently under construction.
South:
To the south is the Glacierview residential subdivision which consists of 89 residential
single family lots on approximately thirty-five acres.
ANALYSIS
Process and Procedure
As with other preliminary subdivisions, the City does not require or anticipate that
fully-engineered, construction-ready civil plans will be developed prior to
receiving certainty from the City through the preliminary plat process. As such,
the applicant has acknowledged that there is some risk that the full review of civil
drawings will require changes that must be made to the preliminary plat, potentially
requiring re-review by the Hearings Examiner. In order to reduce this risk, the Ferndale
Public Works Department has reviewed schematic civil plans for the project. No
fundamental flaws have been identified that would prevent the City from approving the
civil plans – but the approval of a preliminary plat does not constitute approval of any
construction documents and a revised stormwater report must be submitted as part of
the submittal of civil plans. A condition has been added to this effect.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 8 of 61
Future Actions
The Hearings Examiner’s record has been established through this staff report as well as
hearings held on May 4, May 16, and 24th. Following the closure of these public hearings,
the Hearing Examiner will transmit his recommendation to the City Council. The City
Council will consider the Hearing Examiner’s written recommended conclusions, findings
of fact, and any proposed conditions of approval of the Hearing Examiner, together with a
full record of testimony. The Hearing Examiner is tasked with establishing the record for
this proposal. The Council will make a final decision on the Preliminary Plat, subject to
appeal to Whatcom County Superior Court. Should the preliminary plat be approved, the
applicant will be required to submit fully engineered civil drawings to the Ferndale Public
Works Department for review prior to the issuance of a land disturbance permit
authorizing the construction and installation of infrastructure. Should the review of civil
drawings identify inconsistencies with the Ferndale Development Standards in place at the
time of submittal or the approved preliminary plat, re-review by the Hearing Examiner
may be required. Conditions to this effect have been added to this staff report.
Comprehensive Plan, Zoning, and Density
The Comprehensive Plan designates the subject property at Low Density Residential with
a density range per net acre of 3-7 units with an assumed average of 4 units per acre. The
underlying zoning designation is RS 8 Single Family requires a density of 4-7 units per net
acre. The PUD ordinance lists density ranges as “gross,” allowing 4-7 units per gross acre.
The applicant proposes 4.95 units per gross acre. The density is consistent with the PUD
ordinance requirements.4
SEPA – STATE ENVIRONMENTAL POLICY ACT (FMC 16.04)
A SEPA Mitigated Determination of Non-Significance (MDNS) was issued April
17, 2017 (Attachment 5) following a fourteen-day comment period. Six written comments
were received during the SEPA comment period (Attachments 6,7,8,9,10). A summary of
each comment (categorized into type of impacts) and staff’s response to each impact
4 Staff notes that FMC 18.68.010 (Purpose) states that the PUD regulations allow a development to “in effect
replace the underlying zoning….” and further states that the chapter is “not intended to establish densities
that are less than would normally be anticipated within the underlying zone (emphasis added).” The PUD
chapter does not prohibit densities in excess of the underlying zone, provided that the achieved densities
are within the density range identified in the PUD ordinance.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 9 of 61
category are provided below. Staff has determined that the modifications made by the
applicant since the MDNS was released are likely to either generate the same or less
impacts than the original proposal, and that no modification to the MDNS or SEPA
Checklist are required:
1. STORMWATER:
The Carey Brothers, LLC (owners of Malloy Village PUD to the east) formally oppose
the development (Attachment 7). Tim Carey states in the letter that the flow of water
from the site appears to be subterranean and exits the surface to the east of the
protected wetlands at Malloy Village PUD. The concern is any development on the
subject site will further change the hydrology of both properties (Malloy Heights PUD
and Malloy Village PUD). As Malloy Village nears completion, the liability of continued
mitigation of the water drainage from the project site will fall on the Malloy Village
Home Owner’s Association, according to Mr. Carey.
City staff forwarded the comment letter to the applicant and requested the applicant
to address this comment. A letter submitted by the applicant in response to this
comment is attached as (Attachment 11).
Staff Response: The City of Ferndale will require the applicant to provide a storm
analysis, consistent with the Department of Ecology (Ecology) stormwater manual
prepared by a licensed engineer. The applicant submitted a complete application on
October 4, 2016, which allows the project to design in accordance with the 2005
Department of Ecology Stormwater Management Manual. However, substantial changes
to the project, or if construction has not started by January 1, 2022, will require applying
the current Stormwater Management Manual.
Staff believes compliance with the manual will mitigate the impacts of the changes
proposed by the development. The Intent to Issue MDNS was not revised as a result of
this comment.
2. NOISE:
Two comments were received by surrounding property owners related to the
proposed working hours of 7AM to 10PM, which is consistent with the City Nuisance
Ordinance 8.08.020 and WAC 173-60-040. An adjacent property owner notes the
proposed project is scheduled for period of up to five years and requests that
proposed construction hours be limited to 7AM to 5PM and limit days of
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 10 of 61
construction to the standard work week of Monday through Friday with no
construction on the weekend. The property owner states that extending construction
hours beyond 5PM or on the weekends is unreasonable and will negatively impact
their quality of life. Another property owner adjacent to the project noted similar
concerns and requests the construction hours be limited to 8AM to 6PM.
Staff Response: FMC 8.08.020 regulates noise levels within various zones and
establishes a timeframe of 10PM to 7AM for reduced levels of noise. FMC 8.08.020.I.2
states sounds originating from temporary construction sites are exempt. Due to the
project duration (five or more years when building construction is included) staff
believes the project is not “exempt” from noise regulations and should follow the 10PM
to 7AM timeframe as proposed in the Intent to Issue MDNS. There is no doubt that
noise will be generated as a result of the development but does not believe the
development should be limited to the hours suggested by the adjacent property
owners. Staff proposes to leave the noise hours as-is, consistent with the noise hours
established for the construction of the surrounding developments and consistent with
City-wide rules. The Intent to Issue MDNS was not revised as a result of these
comments.
3. TRAFFIC:
Multiple comments were received related to traffic.
A neighboring property owner requests that the City require construction traffic to
use the major arterials of Malloy and Vista as much as possible, minimizing
construction traffic through the existing neighborhoods for safety and noise
concerns.
Another comment stated concerns of additional traffic will be generated as a result
of the development.
Staff Response: The applicant is required to mitigate traffic impacts with payment of
traffic impact fees, frontage improvements and compliance with City traffic
concurrency requirements. The site is zoned for a development of this size and
additional traffic on Malloy Avenue is anticipated as new developments are
constructed. The Intent to Issue MDNS was modified to include language related to
haul routes. A condition was added to the MDNS to read: Construction haul routes and
staging areas should avoid travel through existing neighborhoods to the greatest
extent possible.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 11 of 61
4. WETLANDS/CRITICAL AREAS:
Multiple comments were received related to wetlands and critical areas:
A comment received objected to any off-site wetland mitigation, stating
any impacts that are unavoidable should be mitigated on the project site.
A comment received requested the fence be located along the north stream
to keep children from falling into the creek.
A comment received raised concerns over the wildlife (specifically deer)
being forced to relocate as a result of the development.
Staff Response: The applicant is required to avoid or mitigate impacts per the City’s
Critical Area Ordinance (CAO) (FMC 16.08). Off-site mitigation is allowed per the CAO.
Further, the area is not identified as a habitat of local importance to the Ferndale
community. The applicant prepared a Wetland Delineation and Wildlife Assessment in
accordance with City standards (Attachments 13). The City did not address the fence
request (to provide a barrier between the trail and the stream) through SEPA. The Intent
to Issue MDNS was not revised as a result of these comments. This issue is addressed
later on in the staff report.
5. UTILITIES:
Water/Sewer/Run off capacity – a comment was made that Ferndale may not be able to
provide water to the subdivision.
Staff Response: City water is available to the project site and the City has the capacity
to serve the development. The Intent to Issue MDNS was not revised as a result of these
comments.
6. ARCHAEOLOGICAL RESOURCES:
Based on review of the proposal by Lummi Nation, an archaeological assessment of
the project area is not recommended at this time. However, the Lummi Nation
recommended that the following Inadvertent Discovery Protocol (shown below in
MDNS conditions) be on-site during all project activities to ensure that a clear
protocol is available should archaeological resources or human remains be
encountered.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 12 of 61
Staff response:
The MDNS was revised to include the inadvertent discovery language as
recommended by Lummi Nation.
The City proposes to adopt the following MDNS conditions as a condition of approval of
the PUD:
EARTH:
Preparation of a Storm Water Pollution Prevention Plan and adherence to the State
water quality guidelines in accordance with the latest adopted Stormwater Ecology
Manual. Construction will be sequenced, and take place during the dry weather to the
extent practical.
Should phased mass grading or development be proposed, prior to the initiation of
each phase the applicant shall provide the City with sufficient documentation that each
phase has established appropriate environmental protections or mitigation measures
and/or relies on previous environmental protections or mitigation measures
established through previous phases.
AIR:
Limits idling of heavy equipment during construction, watering soils if dust becomes a
problem. Installation of code compliant residential HVAC systems.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 13 of 61
WATER:
Stormwater:
Applicant will install or preserve measures necessary to comply with the Ecology
guidelines and the National Pollution Discharge Elimination System permit.
The applicant will prepare a Stormwater Pollution Prevention Plan in accordance to
State guidelines.
The applicant submitted a complete application on October 4, 2016, which allows the
project to be designed in accordance with the 2005 Department of Ecology Stormwater
Management Manual. However, substantial changes to the project, or if construction
has not started by January 1, 2022, will require applying the current Stormwater
Management Manual.
Establishment of a Homeowner’s Association, with responsibilities to maintain storm
facilities and critical areas.
Wetlands:
Project shall seek to avoid wetland and critical area impacts to the extent practical and
shall mitigate for wetland impacts on-or off-site in accordance with City, state and
federal regulations. If the wetland mitigation is proposed off-site, the applicants shall
first consider off-site mitigation within the City of Ferndale, if practical.
PLANTS:
Ornamental landscaping typical of new home construction will be predominant in
developed areas. Plantings may be proposed as mitigation for any buffer impacts, and
will likely be from native vegetation.
AESTHETICS:
Establishment of a Homeowner’s Association, with responsibilities to maintain
landscaping and shared common spaces, including trail spaces accessible to the
general public, will mitigate aesthetic impacts.
NOISE:
Working hours will be limited to 7AM to 10PM during construction.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 14 of 61
TRAFFIC:
The project will comply with concurrency requirements. Traffic impact fees will be owed
for each lot.
PUBLIC SERVICES:
Water, sewer, and stormwater infrastructure (as necessary) will be constructed to city
standards; payment of water and sewer connection fees; payment of storm sewer
mitigation fees.
During construction of the civil improvements, the contractor will coordinate with
Public Works.
Construction haul routes and staging areas should avoid travel through existing
neighborhoods to the greatest extent possible.
PUBLIC SAFETY:
Provision of fire protection infrastructure per Fire District requirements; traffic control
during construction shall be coordinated between the applicant, Ferndale Public Works
Department, and the Ferndale Police Department.
RECREATION:
Several trail segments will be constructed allowing pedestrian access to nearby natural
areas as well as providing pedestrian connectivity within this and adjacent property
developments.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 15 of 61
Inadvertent Discovery of Archaeological Resources:
Should archaeological resources (e.g. shell midden, animal remains, stone tools) be
observed during project activities, all work in the immediate vicinity should stop, and
the area should be secured. The Washington State Department of Archaeology and
Historic Preservation (Gretchen Kaehler, Local Government Archaeologist 360-586-
3088) and the Lummi Nation Tribal Historic Preservation Office (Lena Tso, THPO 360-
312-2257; Tamela Smart, Deputy THPO 360-312-2253) should be contacted
immediately in order to help assess the situation and to determine how to preserve the
resource(s). Compliance with all applicable laws pertaining to archaeological resources
is required.
Inadvertent Discovery of Human Skeletal Remains on Non-Federal and Non-Tribal Land
in the State of Washington (RCWs 68.50.645, 27.44.055, and 68.60.055)
"If ground disturbing activities encounter human skeletal remains during the course of
construction, then all activity will cease that may cause further disturbance to those
remains. The area of the find will be secured and protected from further disturbance.
The finding of human skeletal remains will be reported to the county medical
examiner/coroner and local law enforcement in the most expeditious manner possible.
The remains will not be touched, moved, or further disturbed. The county medical
examiner/coroner will assume jurisdiction over the human skeletal remains and make a
determination of whether those remains are forensic or non-forensic. If the county
medical examiner/coroner determines the remains are non-forensic, then they will
report that finding to the Department of Archaeology and Historic Preservation (DAHP)
who will then take jurisdiction over the remains. The DAHP will notify any appropriate
cemeteries and all affected tribes of the find. The State Physical Anthropologist will
make a determination of whether the remains are Indian or Non-Indian and report that
finding to any appropriate cemeteries and the affected tribes. The DAHP will then
handle all consultation with the affected parties as to the future preservation,
excavation, and disposition of the remains" (DAHP).
Critical Areas – (Ferndale Municipal Code 16.08)
The City of Ferndale amended its Critical Areas Ordinance on March 27, 2017. The
applicant submitted a complete application prior to this adoption date and therefore is
subject to regulations in the previous Critical Areas Ordinance.
Critical Area Identification:
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 16 of 61
The applicant provided a Wetland Delineation and Wildlife Assessment report dated July
16, 2016, prepared by Cantrell & Associates (Attachment 12). The purpose of the study
was to determine the existence, extent, and regulatory status of any wetlands within the
subject property and to determine the known or likely presence of any habitat
conservation area (HCAs), priority habitats or species within or in the vicinity of the study
area.
Wetlands:
Cantrell & Associates observed 11 palustrine wetlands on the subject parcels
(Attachment 12). The majority of the wetlands (10) were identified as Category IV
wetlands, requiring a minimum buffer of 25 feet in width. One wetland was identified as
a Category III wetland, requiring a 50-foot buffer.
Streams:
Cantrell & Associates also observed three streams located on and adjacent to the site.
Two Type NS5 streams requiring a 25-foot buffer are located on site, and one off-site
Type F stream requiring a 100-foot buffer from the Ordinary High Water Mark (OHWM)
and 25-foot buffer from the top of the bank (whichever is greater. A diagram showing
this buffer width regulation is provided as Attachment 13.
Critical Area Mitigation Strategy
The applicant provided a preliminary Wetland/Stream mitigation strategy (Attachment 14
for wetland and Attachment 15 for streams) for the proposed impacts to the wetlands
and stream buffers. A final mitigation report in compliance with FMC 16.08.270 is
required prior to issuance of the land disturbance permit.
Wetlands:
Under the proposed approach, nine small, on-site Category IV emergent wetlands
comprising a total of 21,697 square feet are proposed for filling under the plan. The
applicant states that the wetland fills are necessary to accommodate an efficient
residential site design and that the wetlands identified for fill are small, scattered, and
have low diversity. In contrast, the applicants have pointed out that the large streams
and largest on-site wetland that feeds the on-site stream will be preserved and
protected.
Streams:
5 Streams are classified using various criteria as listed in WAC 22-16-030. Wetlands are rated based on
Categories, Category 1 being the highest function and Category 4 being the lowest.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 17 of 61
Two streams are identified on site and referred to as “North Stream” and “East Stream” in
the mitigation report. The east stream segment is identified as a Type 5 waterway,
subject to a 25-foot buffer. The north stream, identified as a Type 3 waterway is subject
to a 100-foot buffer from ordinary high water mark and a 25 five-foot buffer from the
top of bank on areas with a slope of 20 percent or greater. In this instance, the more
restrictive buffer is applied. The applicant has provided a diagram showing the required
buffer setbacks for each stream and the proposal to average the buffer widths.
(Attachment 13).
Buffer averaging with a net increase in buffer area is proposed for impacts to stream
buffers on site and for the creation of pedestrian trails.
The applicant has thus far provided a preliminary mitigation strategy which staff has
determined to be sufficient for the preliminary plat review stage (Attachments 14 and
15). A final mitigation plan in accordance with all items specified in FMC 16.08.270 and
Article XI. Appendix A of the CAO must be submitted for review and approval prior to
issuance of land disturbance permit.
The applicant is required to identify mitigation measures to critical areas that the trail
may cause in accordance with the City’s Critical Areas Ordinance prior to issuance of the
land disturbance permit. Conditions have been added to this effect.
On-site Wetlands and Enhancement Areas:
For all remaining identified critical areas and mitigation areas (after on-site mitigation),
the applicant is required to place a deed restriction on all remaining on-site wildlife
corridors, buffer, and mitigation areas that protect the critical area from future
development, and to place signage consistent with City of Ferndale requirements to
identify these protected areas. A condition has been added to this effect.
Performance and Maintenance Securities for on-site critical areas and buffers:
Prior to construction activity, the applicant is required to post a performance surety for
all critical area work in conformance with 16.08.240 and Development Standards Chapter
5, section 503 Performance Securities and Section 504, maintenance securities.
Construction activities shall not impact protected wetlands, streams or buffer areas. The
final mitigation plan shall propose methods to protect critical areas, buffers and
enhancement areas during construction of the plat. A maintenance bond in the amount
of 150% of the approved estimate of the total cost of work within the subject areas is
required for all mitigation/maintained activities associated with the critical areas. Portions
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 18 of 61
of the maintenance bond will be released after each annual inspection or inspection
timeline proposed by the critical areas professional. Conditions have been added to this
effect.
Lot Design, Setbacks and House Design
Preliminary Plats (FMC 17.20), Design Requirements (FMC 17.28) and
Required Improvements (17.32)
The Malloy Heights subdivision is considered a Preliminary Plat/ Planned Unit
Development. This means that the proposal combines the various design elements of
a conventional subdivision (as described in FMC 17.20, 17.28 and17.32) with
additional flexibility in terms of lot configuration, size, and a variety of other elements
(as described in FMC 18.68). When additional flexibility is not sought, the
requirements of Title 17 are assumed by default.
The applicant responds to the conventional subdivision requirements of FMC
17.28 (Design Requirements) in most respects, with the following exceptions:
FMC 17.28.030 Blocks and Lots
B (2) b: The easement or handle portion of a panhandle lot shall be a minimum of 24
feet in width.
There are several lots within the proposed Malloy Heights subdivision (13, 16, 33, 34, 45,
46, 47, 55, 56 & 57) that contain panhandles. The City will require combining the
panhandle access points of multiple lots that adjoin one another into shared access
easements, at least 24-feet wide. While the individual lots may not include a panhandle of
24 feet individually, the shared access easement will be at least 24 feet in each case (a
condition has been added to this effect).
Staff has determined that flexibility on panhandle width can be provided through the PUD
ordinance, without a variance. The proposed reductions do not diminish access for first
responders, nor do they diminish the functionality of the driveway(s). The City will require
a condition be added to each lot stating that no vehicular parking may occur on the
shared access easement, and no waste receptacles or other personal belongings shall be
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 19 of 61
left on the shared easement in a manner that would prevent access for one or more
properties. A condition has been added to this effect.
B (2) d: All proposed lots shall meet the minimum lot area requirements for the zone,
exclusive of the easement area or area included in the handle portion of a panhandle
lot. And;
B (3): Lots fronting on cul de sac roadways shall be at least 40 feet wide at the edge
of the right of way and at least 70 feet wide at the building line, and;
B (4): Lots for residence purpose shall be at least…50 feet wide in the RS 8 zone
The City’s Planned Unit Development (PUD) standards provide additional flexibility
on these elements, generally requiring that life-safety issues are addressed but
allowing lot dimensions to be reduced to require a minimum 40’x40’ building area,
not including required setbacks or easements, or single- family attached dwelling
lots. Each lot within the proposal meets these requirements, and no lot is less than
the 4,000 square foot minimum lot size authorized by the PUD chapter. Conditions
have been added to this effect.
Building Setback Requirements
In order to determine that a 40’ x 40’ building area exists, the City must first determine
the required setbacks for each lot. Typically, conventional subdivisions rely upon the
zoning requirements in place at the time a complete building permit application is
submitted to determine setback requirements. This approach allows the City’s
requirements to change over the life of a subdivision. Planned Unit Developments are
somewhat different, in that the PUD standards “in effect replace the underlying zoning
subject to specific guidelines and restrictions.”
This means that it is appropriate to identify setback requirements and incorporate those
setbacks into the recorded plat document.
Front Setback:
The applicant has requested reduced front yard setbacks of 15 feet to the front building
façade while maintaining a 20-foot long driveway in front of garages (see variance
request section beginning on Page 46 of this staff report).
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 20 of 61
As is discussed below, City Staff have determined that the building setbacks proposed
would require a variance from the PUD standards, consistent with other PUD’s that have
previously been approved. The applicant has demonstrated conditions similar to what
has allowed such variances to be approved in other PUD’s, and Staff recommends that
the variance be approved in this case as well.
PUD Perimeter Building Setback:
The applicant proposes to eliminate the 30-foot PUD perimeter setback (required under
FMC 18.68.050.E) for the development. The perimeter setback elimination discussion is
combined with the landscape buffer proposal on page 31 of the staff report.
City Staff has determined that the PUD meets the provisions of 18.68.050 E (1), allowing
flexibility for perimeter buffer and setbacks requirements.
House Design
The applicant does not anticipate acting as the primary building contractor within this
development. Instead the applicant will likely sell all lots or lots individually or in groups
to individuals or construction companies. At the request of the City, the proponent has
submitted several pictures showing typical construction types (Attachment 16), but it
should be noted that these pictures are intended for illustrative purposes only and do
not represent a specific housing design. The lots will be single-family detached, and will
likely follow typical construction processes. The private Covenants Codes and
Restrictions address design review for the development (draft versions are found in
Attachment 17), and are not enforced by the City.
The applicant proposes to construct single-family detached units. Proposals to establish
duplexes or other attached units will be considered a substantive change and will require
additional review. A condition has been added to this effect.
Landscape Island Entrance:
The applicant proposes a landscaped island to delineate the front entrance from Malloy
Avenue, within the public right of way. This landscape island will serve to create a
distinctive entrance to the subdivision and will separate inbound and outbound
movements. Whatcom County Fire District 7 and the City of Ferndale have indicated
that such a monument can be approved, but must verify that there is a sufficient radius
for turning movements. The proponent will be required to submit a diagram and
calculations for this purpose. A condition has been added to this effect.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 21 of 61
Infrastructure Design
As is typical, the City has not yet reviewed detailed, engineered civil drawings for this
project. As a result, civil conditions associated with the subdivision are general in nature.
If significant modifications to the preliminary plat are identified during the course of civil
review, the Hearing Examiner may be required to re-review the proposal. A condition has
been added to this effect.
17.28.060 Utility Requirements
Adequate water capacity is not available at Malloy Avenue to accommodate the
project site. Fire flow levels are currently inadequate to service the proposal, due to
Malloy Avenue’s location below the majority of lots within the subdivision. Water main
connections from adjacent upland developments will be necessary to bring fire flow to
the development.
Sanitary sewer service available in the area are currently at capacity. The sanitary sewer
system requires an upgrade prior to allowing the project to hook up to sanitary sewer
services.
No regional stormwater pond exists, so the development will be required to treat and
detain stormwater onsite per Ecology guidelines.
Sanitary Sewer
Sanitary sewer capacity within the project area is over capacity, requiring an upgrade to
the sanitary sewer conveyance system in this area of the City. The City estimates the
sanitary sewer system upgrade project will begin Summer of 2017. While the sewer
capacity project is fully funded and in the final design stages, the timing for construction
is subject to change based on weather, bid prices, and more. This sanitary sewer
extension project will install a new sanitary sewer gravity main on Thornton Street
beginning east of Malloy Avenue and will extend to Portal Way, via a bore under the
Burlington Northern Santa Fe (BNSF) railroad tracks. The project is expected to provide
adequate capacity to service the Malloy Heights development and was identified as a
need prior to the submittal of the Malloy Heights development.
As noted, the City has budgeted for the Thornton Street Sanitary Sewer project and the
design phase of the project is underway. The City anticipates the project will be
completed concurrent with or prior to the first phase of construction. Verification of this
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 22 of 61
completion should be made at the time of Final Plat. The City informed the applicant of
the need for this project during the technical review committee meeting.
As noted, while the City’s sewer project is on schedule for completion in Summer 2017,
the City cannot anticipate future Council actions to approve design or bid documents.
Therefore, in order to better-regulate the timing of when sewer capacity can serve the
development, the applicant may wish to construct the Thornton sewer extension and
seek repayment from the City, and the City would be open to considering such an
approach. The City believes that the applicant is aware of the need for this sewer
extension project in order to serve the new development, and that the applicant is aware
that the City is proceeding with that project through the required public process.
Sewer service to each lot will be required. Sewer services will be installed as necessary, to
be determined during the review of civil plans. A condition has been added to this effect.
Water
Water service to each lot as well as water service necessary for required irrigation of
landscaping will be required. Water services will be installed as necessary, to be
determined during the review of civil plans. A condition has been added to this effect.
Fire Flow:
Adequate fire flow is required to service each phase of the development to the
satisfaction of the Public Works Department.
The City anticipates that fire flow will be determined based upon civil drawings submitted
with each phase of development.
Adequate fire flow must be provided for each phase of the development to the
satisfaction of the City and the Fire District prior to recording the mylars. A condition has
been added to this effect.
Fire hydrant locations will be analyzed and identified as part of the coordinated review of
civil drawings in conjunction with the Fire District. Conditions have been added to this
effect.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 23 of 61
Stormwater
The applicant submitted a complete application on October 4, 2016, which allows the
project to design in accordance with the 2005 Department of Ecology Stormwater
Management Manual. However, substantial changes to the project, or if construction has
not started by January 1, 2022, will require applying the current Stormwater Management
Manual. Staff has determined that the modifications proposed in May 2017 are not
substantial, and the project remains vested to the 2005 Department of Ecology
Stormwater Management Manual.
A 1.69-acre stormwater tract has been reserved for the proposed stormwater pond. A
preliminary stormwater report (Attachment 18) has been submitted with the application,
along with a preliminary review conducted by the City (Attachment 19). The applicant
has indicated that the stormwater pond may not utilize the full 1.69 acre stormwater
tract, although the specific size of the pond will be determined through the civil review
process.
Lot drainage design for individual lots shall comply with the City development standards.
In order to maintain the private stormwater facility, a minimum 20-foot wide access
easement, providing access to all stormwater structures, and a minimum 14-foot wide
roadway to support a 70,000 pound or greater vactor truck is required. A condition has
been added to this effect.
17.28.050 Street Requirements
The development of the Vista Ridge and Glacierview subdivisions anticipated the
future extension of Lancaster Avenue and North Beulah streets when the subject
properties were proposed for development. The Malloy Heights development has
been designed to continue those roadways through the subdivision.
The applicant has proposed to vary from the City development standards to reduce
the roadway width in portions of the project. The Ferndale Development Standards
vest the Public Works Director with the authority to approve or deny variances from
or design modifications to the Development Standards. The Public Works has
approved reduction of roadway width in portions of the project. With the exception
of this approved variance request, the public streets within the proposed subdivision
shall meet the minimum dimensional requirements of the City of Ferndale. A full set of
civil plans that reflect the proposed changes have not been submitted and will be
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 24 of 61
reviewed by Public Works staff for compliance with the City’s Development Standards
prior to issuing a land disturbance permit. A condition has been added to this effect.
All public streets within the subdivision will be fully constructed to City standards (with
the exception of any approved variances) and the applicant shall be required to work with
Puget Sound Energy, Whatcom County Fire District Seven, and other agencies or utilities as
part of the review of civil drawings in order to ensure compliance with all applicable
regulations. A condition has been added to this effect.
Frontage Improvements:
The project will also be required to construct full ¾ street frontage improvements along
Malloy Avenue per City of Ferndale Development Standards.
All frontage along Malloy Avenue from the main entrance to the south along the property
line shall be substantially complete per City standards, prior to recording final plat. A
condition has been added to this effect.
The remaining frontage along Malloy Avenue north of the main entrance along the
property line shall be substantially complete per City standards, prior to issuance of the
51st single family structure. A condition has been added to this effect.
Latecomer’s Agreement:
The project is subject to terms listed within the latecomer’s agreement referred to as “The
City of Ferndale Utility Improvement Recovery Agreement related to water and sewer
main extension – Malloy Village, LLC, Auditors File Number 2090302422 (Attachment 27).”
A condition has been added to this effect.
Transportation Elements
The proposed plat meets all Transportation Concurrency requirements, and has been
issued a Temporary Certificate of Concurrency (Attachment 20). This means that the
projected full build-out of the subdivision would not reduce the City’s street Level of
Service below what has been adopted by the City Council.
As discussed previously, the development will be required to extend public roads to the
boundaries of the property to the west (to Lancaster Avenue) and south (to N Beulah
Avenue) in order to connect to existing streets in those subdivisions.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 25 of 61
The Institute of Traffic Engineers (ITE) provides estimates for trip generation for a variety
of uses, including both single-family detached units and single-family attached units, or
townhouses. The trip calculations are shown below, and the PM peak hour trips are the
basis for the City’s Traffic Impact Fees, which will be paid half at plat recording and half
associated with building permit. A condition has been added to this effect.
Traffic Generation Table
Condition
Zoning or Use
(Area)
Source
Daily Trip
Rate
Daily
Trips
P.M. Peak
Hour Trip
Rate
P.M. Peak
Hour Trips
Existing
Zoning &
Use
RS 8
(1 SFR DU)
ITE
(210)
9.57
VTE/DU
9.57
1.01
VTE/DU
1.01
Proposed
Use
Single-Family
PUD
(192 SFR DU)
ITE
(210)
9.57
VTE/DU
1,847.01
1.01
VTE/DU
193.92
Increase in Trips as Compared to Existing Use
1,847.01
193.92
Notes: VTE = Vehicle trip ends DU = Dwelling unit
ITE = Institute of Transportation Engineers (Land Use No.)
International Residential Code (IRC)
The City of Ferndale currently requires compliance with the 2015 IRC for single family
structures. The City will adopt the new 2018 IRC on July 1, 2019. Building permit
applications submitted on or after the above date will be subject to the 2018 IRC.
Public Services
Fire and Emergency Services
Fire protection and emergency medical services for the area will be provided by Whatcom
County Fire District #7 (WCFD7). The civil plans must be acceptable to the Fire District
prior to issuance of the Land Disturbance Permit. The Fire District has not identified
significant obstacles in providing these services based on the conceptual layout that has
been provided to the City. A condition has been added to this effect.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 26 of 61
Schools
Impacts to the Ferndale School District resulting from the proposed development will be
mitigated by the payment of school impact fees to be determined by the District. The
school district was provided plans for the development and a SEPA notice. No comments
were received from the school district related to this proposal.
Parks, Recreation and Trails Requirements
The City’s Parks, Recreation and Trails Master Plan has adopted Level of Service requiring
that 75% of all residential properties in Ferndale be within a ten-minute walk (1/4 mile)
of a public park or school playground, to be accessed via trails and sidewalks.
The project site is located between a number of public parks and ranges from less than
1/4-mile to 1/2-mile distance from the surrounding park areas.
The applicant proposes a series of trails within community open space tracts for
residents within the Malloy Heights subdivision and the general public, utilizing a
combination of trails and sidewalks (Sheet 19 of Attachment 1). The trails will provide
connectivity within the development and to neighboring developments and may
ultimately provide more-direct connectivity between this subdivision, Malloy Village, and
nearby schools.
A northern creek corridor trail will be provided within Tract A, also a trail connector
within Tract E along the southern margin of the property which will include a connection
between the Vista Ridge and Glacerview subdivisions; Tract D, will include a 10-foot path
leading to a terraced community garden, Tract F, located in the western portion of the
project, will provide a trail connection to the Vista Ridge pedestrian access easement6,
and in Tract G located in the west portion of the project will provide a connection from
north to south up to Tract A.
6 The Vista Ridge pedestrian and utility access easement (adjacent/west of proposed Malloy Heights PUD) is
generally accessible north of the proposed Tract F, providing a pedestrian connection up to Lincoln Drive.
The Vista Ridge homes (with access easement within backyards) to south of the Tract F connection have
fenced in/encroached on portions of the pedestrian easement preventing access south to Vista Drive as
originally intended. This issue will ultimately be between the City and private property owners through
enforcement of conditions which authorized the establishment of the Vista Ridge subdivision; this issue is
separate and distinct from this PUD approval.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 27 of 61
The northern creek corridor runs along the top of a steep bank. The City requests that
the applicant propose a method to protect residents from the steep slope with split
railing fencing, warning signage or another acceptable method approved by the City,
prior to establishing the trail. A condition has been added to this effect.
The trails are required to be open to the public and maintained by the Home Owner’s
association in order to receive credits against park and trail impact fees. Trail easements
shall be established on the plat map prior to recording. In exchange for the trail system,
the City will calculate the equivalent value of the trails as per the Parks, Recreation and
Trails Master Plan. This value will be credited against Park Impact Fees, which are due half
at plat recording, and half associated with the building permit. Conditions have been
added to this effect.
Home Owners Association & Covenants, Codes and Restrictions (CC&Rs)
“Per FMC 18.68.060, the applicant must submit and record bylaws for an owner’s
association and, prior to final plat approval, the applicant shall convey by deed all private
walkways and trails lying outside of the public right-of-way, together with common areas
and open space areas, to an owner’s association.”
The City shall be provided with easements necessary to serve and maintain all property
and utilities owned and/or maintained by the City. The owner’s association shall be
empowered to collect dues and assessments and to enforce covenants, conditions, and
restrictions and any rules and regulations deemed necessary for the governing of
development and use of each lot and common areas within the PUD. A condition has been
added to this effect.
The applicant is requested to complete a study to determine the appropriate funding for
a reserve account necessary to sustain the owner’s association’s maintenance obligations
as per RCW 64.38.065.
The CC&Rs contain general provisions related to the maintenance and upkeep of the
homes within the PUD. Per FMC 18.68.070, the applicant is required to incorporate
architectural control standards to create a unified architectural concept for the homes into
the CC&Rs. Prior to final plat approval, the CC&Rs shall be revised to reflect this
requirement and all requirements listed in 18.68.070 A-C. A condition has been added to
this effect.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 28 of 61
Preliminary CC&Rs are attached as Attachment 17.
Open Space
Ferndale Municipal Code 18.68.060 (H – Table I) requires a minimum of 20% of lot area, or
4.19 acres, be dedicated and used as Usable Open Space.
The applicant proposes a total of 7.09-acres of open space and 4.80 acres of usable open
space (12.3% of the site, and 22.9% of the lot area) as summarized in the table below:
Open
Space
Tracts
Usable
Open
Space
Location Purpose
A 55,447 sf* Located along the
northern perimeter
of project
Includes the northern creek corridor and
pedestrian path with interpretive
viewpoints
B 73,797 sf Stormwater Tract Landscaped, unfenced low impact storm
pond with pedestrian access along the
north and east margin.
C 38,617 sf* Centrally located Pedestrian path with nature interpretive
areas
D 21,531 sf Located in the
southeastern
portion of the
project
Terraced open space area to be used for
community gardens accessible from the
cul-de-sac via a 10-foot wide trail.
E 14,103 sf Along the southern
margin of the
property
Will include a pedestrian path along the
southern perimeter of the project.
F 1,306 sf Western portion of
the project
Will provide a trail connection to the
Vista Ridge Plat
G 4,077 sf Located in the
western portion of
the project
Will provide a trail connection from north
to south
H none Located near the
entry road
Will contain a stream remnant and buffer
I none Runs along the east
portion of the south
boundary
Will provide five-foot full buffer screen
Total 208, 878 sf
(4.80-acres)
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 29 of 61
*Only some portions of open space tracts A & C include “usable open space”
Tract A and Tract C contain critical areas and critical area buffers. Per FMC 18.68.030.K.,
usable open space may not include critical areas and their associated buffers. The
applicant proposes to utilize portions of these tracts as usable open space that are
accessible by trails located within critical area buffers. Staff believes the intent of the
code is met for open space within these tracts, and that the open space provisions are
proportionate to the impact. The establishment of a linear trail through or along these
areas allows pedestrians to experience these various natural features, which is the intent
of the code.
Tract B is a stormwater and tract and also included as usable open space. Per FMC
18.68.030.J., states usable open space may include unfenced detention ponds. The City
accepts this tract as usable open space with the following conditions:
The stormwater facility will be designed as a low impact stormwater pond. A licensed
stormwater professional will demonstrate active use and landscaping screening in and
around the stormwater infrastructure will not diminish its effectiveness. Further, the
applicant shall seek to provide access to the tract via a trail where feasible. The
applicant shall work with the Ferndale Public Works Department to consider
modifications to the frontage improvements in the northeast portion adjacent to the
storm pond, to determine the effectiveness of a meandering sidewalk located within
close proximity of the storm pond.
Tracts D currently exhibits steep slopes and is proposed to be terraced and used for
community gardens with trail access from the cul-de-sac. To qualify as usable open
space, the applicant is required to grade the tract to 15% or less. A condition has been
added to this effect.
In addition, the CC&R’s shall be amended to reflect Tract D’s status as a community
garden with trail access, and a water service to the tract may be shown on proposed
civil drawings, in order to provide irrigation water to the tract. A condition has been
added to this effect.
The remaining tracts, E, F, and G contain open space areas and trails. According to FMC
18.68.030.J., usable open space may include wooded areas accessible by path system
and pedestrian paths.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 30 of 61
Staff believes that the required Open Space provisions have been met, as the open
space provisions within this plat provide the same range of open space activities that
have been afforded to other PUD’s in the City of Ferndale and the overall Open
Space areas exceed the minimum standards identified by the PUD ordinance.
LANDSCAPING
A landscape and lighting plan identifying the type, size, spacing, and maintenance
schedule for all landscaping (including lighting elements) proposed within the required
buffer areas, open space areas, and other common areas is required to be submitted and
approved by the City prior to plat recording. A condition has been added this effect. See
Attachment 22 for the proposed lighting plan for the development.
Landscaping will be required along all public rights of way. In addition, permanent
fencing or vegetative hedges will be required to delineate trail access and protected
areas.7 Root barriers are required to be installed for all street trees, a condition
has been added to this effect.
Public rights of way: the applicant shall propose a landscaping (“street tree”) plan to the
Ferndale Public Works Department as part of the review of full civil plans. Maintenance of
trees along the public right of way is the responsibility of the property owners8 and must
follow City conventions. The City will require that landscaping along the street be located
behind the sidewalk and outside of the 10-foot dry utility easement as shown in the cross
section (Attachment 1, Page 17) Conditions have been added to this effect.
The applicant requests street tree plantings be delayed until after final plat approval in
order to accommodate individual lot development. The City typically requires all street
trees be planted prior to final plat approval. Alternatively, the applicant could post a
performance surety in the amount of 150% of the landscaping costs including (plantings,
installation and materials) with the City. The City would require street tree plantings to be
installed within one year of the plat recording or after the first 50 lots receive occupancy
whichever occurs first. When plantings are installed, the applicant is required to post a
maintenance surety for a period of three years in the amount of 10% of the total cost of
the plantings to ensure survival of the trees. Conditions have been added to this effect.
The PUD CC&Rs shall outline Home Owner’s Association responsibilities to maintain
landscaping including landscaping proposed within the Malloy Avenue right of way and
7 Wetland mitigation plantings are not considered landscaping, and are administered separately.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 31 of 61
landscaping throughout the development. A separate, metered, irrigation line shall be
installed in appropriate areas for landscaping that is not directly adjacent to homes that
require watering. The City shall require that the HOA prohibit the removal of healthy trees
in these areas, and that the HOA be required to replace or remove dead, or significantly
damaged trees within three years.
Landscaping within the Malloy Avenue right of way shall be consistent with landscaping
used for Malloy Village PUD and shall be drought tolerant, low maintenance plantings.
Conditions have been added to this effect.
Trail Access and Protected Areas: Prior to final plat approval, the applicant shall
propose and install fences, vegetative barriers, signage, or other devices to limit user
access to protected wetlands and stormwater facilities.
The stream channel and associated ravine to the north of the site will be in close
proximity to the major east-west trail within the subdivision. The ravine has significant
slopes which, when combined with existing vegetation at the top of the ravine will likely
reduce casual encroachment into the wetland and the ravine itself. However, the City
recommends that the applicant place signage and consider placing fencing at those
locations where there is lack of vegetation and the risk of fall is more pronounced. A
condition has been added to this effect.
PUD LANDSCAPE BUFFER & PERIMETER BUILDING SETBACKS
FMC 18.68.050.E., states, “Buffer Requirements. Unless exempted below, landscaping and
other screening features such as berms and/or fencing shall be established within the
required buffer area(s) to provide a solid screen separating the development site from
adjoining properties. Building setbacks within the residential planned unit development
shall be a minimum of 30 feet from any exterior property boundary. A minimum 20-foot-
wide landscaped buffer shall be established around the entire perimeter of any residential
planned unit development. Trails and other pedestrian connectivity may be used to
replace buffer requirements in certain locations.
1. The City may grant flexibility from some or all perimeter buffering and
external building setback requirements based on the following:
a. The average lot size within the proposed PUD is no less than 80
percent of the conventional minimum lot size within the underlying zone.
b. The proposed PUD is adjacent to an existing residential planned unit
development or residential subdivision with average lot sizes not less than
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 32 of 61
80 percent or more than 120 percent of the average lot size within the
proposed PUD.
c. Building construction types and uses are similar in nature between the
proposed PUD and adjacent developments.”
The applicant proposes to eliminate the building perimeter setback and reduce and/or
eliminate the PUD landscape buffer in the following circumstances followed by Staff
Analysis (refer to Attachment 1 for specific locations):
1. Location: The southern perimeter of the project in the area west of Beulah Avenue
(Lots 35, and from Lot 45 to Lot 56). Reduction: Maintain the 20-foot landscape buffer but eliminate the 30-foot building setback. The applicant proposes to build a trail in this location. Analysis: Staff agrees with the applicant’s assertion that relief is appropriate under Section E (“Trails and other pedestrian connectivity may be used to replace buffer requirements in certain locations”). Moreover, the application meets the criteria under Section E.1(a) (the applicant’s average lot size is 4,758sf and the minimum lot size for the underlying zone is 3,500sf) and Section E.1(c) (the proposed PUD has building structures and uses similar to the adjacent developments).
2. Location: The western perimeter of the project from the applicant’s proposed Lot 56 to Lot 65.
Reduction: Eliminate both the 20-foot landscape buffer and the 30-foot building setback along the western perimeter of the project from the applicant’s proposed Lot 56 to Lot 65 Analysis: Staff agrees with the applicant’s arguments that this section of the PUD is adjacent to a section of the Vista Ridge PUD which contains an easement for a pedestrian trail that is dedicated to the public. The applicant contends that relief from the buffer and setback requirements is provided by Section E (“Trails and other pedestrian connectivity may be used to replace buffer requirements in certain locations”). The applicant further points out that the homes in Vista Ridge in this location are already setback far from the perimeter of the proposed PUD and built at significantly higher elevations, and that the need or effectiveness of a buffer and building setback are therefore reduced. Finally, the application meets the criteria under Section E.1(a) (the applicant’s average lot size is 4,758 and the minimum lot size for the underlying zone is 3,500sf) and Section E.1(c) (the proposed PUD has building structures and uses similar to the adjacent developments).
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 33 of 61
3. Location: Western perimeter of the project between applicant’s proposed Lot 91 and
from Lot 164 to Lot 167 Reduction: Maintain the 20-foot landscape buffer but eliminate the 30-foot building setback along the western perimeter of the project between applicant’s proposed Lot 91 and from Lot 164 to Lot 167. The applicant proposes to build a trail within the landscape buffer in this location. Analysis: Staff agrees with the applicant’s argument that relief from the buffer and setback requirements is provided by Section E (“Trails and other pedestrian connectivity may be used to replace buffer requirements in certain locations”). Moreover, on the adjacent property to the west of this location is the storm pond for Vista Ridge, which does not require a buffer. Finally, the application meets the criteria under subsection E.1(a) (the applicant’s average lot size is 4,758 sf and the minimum lot size for the underlying zone is 3,500sf) and Section E.1(c) (the proposed PUD has building structures and uses similar to the adjacent developments).
4. Location: Eastern perimeter of the project from applicant’s proposed Lot 1 to Lot 13
Reduction: Eliminate the 20-foot landscape buffer and 30-foot building setback
Analysis: Staff agree with the applicant’s argument that per the proposed landscape plan, the applicant will be planting a landscape buffer in the right of way of Malloy Avenue in this location; this landscape buffer will be maintained by the homeowner’s association. Moreover, the area to the east of this location is the Malloy Avenue right of way, which does not require a buffer. The applicant will be installing a sidewalk along the Malloy Avenue right of way in this location; this sidewalk constitutes a pedestrian trial. Therefore, relief from the buffer is appropriate under Section E (“Trails and other pedestrian connectivity may be used to replace buffer requirements in certain locations”). Moreover, relief is appropriate under subsection E.1(a) (the applicant’s average lot size is 4,758 sf and the minimum lot size for the underlying zone is 3,500sf); subsection E.1(b) (the average size of the lots in the proposed Malloy Heights subdivision is not less than 80 percent or more than 120 percent of the average lot size of the Malloy Village PUD), and subsection E.1(c) (the proposed PUD has building structures and uses similar to the adjacent developments).
5. Location: The southern perimeter of the subdivision along applicant’s proposed Lots
13, 14, 15, 16, and 34. Reduction: Reduce the 20-foot landscape along the southern perimeter to five feet and eliminate the 30-foot building setback.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 34 of 61
Analysis: Staff agrees with the applicant’s argument that the reduction of the buffer and elimination of the building setbacks is permitted because the applicant meets the criteria described in subsection E.1(a) (the applicant’s average lot size is 4,758 sf and the minimum lot size for the underlying zone is 3,500sf) and subsection E.1(c) (the proposed PUD has building structures and uses similar to the adjacent developments). However, due to the close proximity of the proposed development and the existing residences immediately to the south, Staff believes the applicant should be required to propose and install a five-foot-wide landscape buffer consistent with the City’s L-3 (High Screen) Landscaping requirements as described in FMC 18.74. A condition has been added to this effect.
FMC 18.68.050.E gives the city flexibility to reduce or eliminate both the landscape buffer and the 30-foot building setback requirements along the perimeter of the proposed PUD when appropriate. A review of staff reports and minutes from 2012 (when buffer flexibility language was put in place) reveals that the Planning Commission and City Council initially considered eliminating the large buffer and setback requirements entirely, except in those circumstances when Staff or the public felt that they were essential. However, it was ultimately decided that the City would be in a better position if it were able to allow reductions to a default requirement, rather than establishing what would be perceived as an “additional” requirement. Staff believes in cases where buffer is reduced or eliminated, the PUD code allows for flexibility if the intent of the buffer is met. Staff believes that the proposed development achieves the intent of the code, and retains buffers or setbacks in those areas where they are appropriate. Conditions requiring specific landscaping plantings and subsequent maintenance by the HOA are recommended. Conditions to this effect have been added to this staff report.
Malloy Avenue Frontage
The City has determined that a full 20’ PUD buffer along Malloy Avenue south of the primary entrance is not warranted beyond the establishment of street frontage landscaping that will be maintained by the HOA (see Page L4 of the draft Landscaping Plan [Attachment 21] dated 3-24-17). As described by FMC 18.68.030 B (Definition of Terms – Buffer Area), the buffer area is intended to “separate the planned unit development from adjoining land uses which are incompatible with the uses within the planned unit development.” The sixty foot Malloy Avenue right of way provides the required separation, and the proposed landscaping provides the required visual screening. Finally, the uses within the Malloy Village subdivision are also single family residential, and are not considered incompatible with the uses within the Malloy Heights subdivision.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 35 of 61
Neighborhood Meeting
Per FMC 18.68.120.B.2, the applicant is required to hold a neighborhood meeting (Attachment 23). The applicant provided proper noticing to the surrounding neighbors and held a public meeting on July 19, 2016 (prior to submitting a formal application to the City). The following comments, questions and/or concerns were discussed at the meeting:
1. Will there be a playground?
Applicant Response: No playground is proposed, but a trail network would be provided.
City Response: The applicant is required to build and maintain trails available to the
public. Park impact fees will be owed for the difference. The applicant is not required to
add amenities such as tot lots or playgrounds. The City’s 2013 Parks, Recreation and
Trails Master Plan recognized that the construction of a looped trail system connected to
all City parks would be a better, more-efficient use of City and private funding sources
than requirements that all subdivisions establish private tot lots or parks. A future
neighborhood park is planned north of the Malloy Heights subdivision, within the
unincorporated Urban Growth Area of the City of Ferndale.
2. Traffic on Beulah and within Vista Ridge was voiced as a concern. People do not wish
to see additional traffic on the neighboring streets.
Applicant Answer: No response provided
City Response: Additional traffic will result from this development. The applicant is
required to comply with traffic concurrency requirements and pay traffic impact fees.
3. Speed of traffic was voiced as a concern
Applicant Response: No response.
City Response: Speed of traffic is enforced by the Ferndale Police Department.
4. Comment received that the person would oppose any development until Thornton
Road went through to I5?
Applicant Response: No response.
City Response: Noted.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 36 of 61
5. Comment received that the schools are full, no room for more students, applicant was
asked what they were going to do about that.
Applicant Response: School impact fees would likely be paid.
City Response: The school district has been notified of this development through the
SEPA Notice. School impact fees are owed for each lot within the development. The type
and scale of use are consistent with long-range projections of both the City of Ferndale
and the Ferndale School District.
6. Question about sidewalks on Malloy Avenue.
Applicant Response: Expected that the City will require frontage improvements on Malloy
and that sidewalk would likely be installed along the frontage.
City Response: Frontage improvements are required to be installed along Malloy Avenue
(including sidewalks) per City Standard.
7. Vista Ridge – question regarding pedestrian trail behind homes on boundary line.
Applicant Response: City has this trail connection on the City trail plan.
City Response: an existing pedestrian easement exists on along the east boundary line of
the Vista Ridge subdivision; that subdivision was approved in expectation that a trail
would be established from Vista Drive through Lot 22 of Vista Ridge. Conditions
requiring that this trail be established and maintained were placed on the Vista Ridge
plat. Over the last two decades since that subdivision was established, many of the
property owners have encroached on the easement with fences, gardens, etc.
8. Question about where development will start?
Applicant Response: Stated that this was currently being discussed, and could occur
either near the west (top) end, or more likely near Malloy Avenue.
City Response: Based upon the applicant’s phasing plan, the first phase would include
properties along Malloy Avenue as well as the stormwater tract. In order for utilities to
be extended from Vista Ridge, it is likely that the Lancaster roadway will be extended as
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 37 of 61
part of an earlier phase, although it is unclear whether this phase would necessarily
include adjacent lot improvements or not.
9. Truck traffic during construction was raised as a concern. People would like the truck
traffic to not use the neighborhood streets if possible.
Applicant Response: No response provided.
City Response: The applicant is required to coordinate with the Public Works Department
prior to construction to establish an appropriate haul route. The applicant shall seek to
establish routes that minimize impacts to surrounding neighborhoods. A condition has
been added to this effect.
10. Question regarding the proposed widths of the roads.
Applicant Response: Stated that a reduction from 36 feet to 28 feet would be requested.
It was also discussed that parking would be allowed on both sides of the street and the
applicant’s opinion is that it is sufficient for neighborhood streets.
City Response: See variance section beginning on Page 36 of this staff report related to
road width discussions.
11. Traffic was raised as an issue several times.
Applicant Response: Applicant relayed information they had from the City regarding the
timing of the Thornton Street improvements. Based on the information obtained by the
City, the traffic along Malloy near the project would about double, however once the
traffic reached Washington Street this increase would be about 15%. Once Thornton
extends east to I-5, traffic is expected to be reduced at Malloy/Vista.
City Response: The development will maintain the appropriate level of service as
required by the City. Traffic impacts fees are required for each lot within the
development. The development approval will not depend on Thornton Street
improvements.
12. Comment made that it would be nice to keep existing trees to the extent possible.
Applicant Response: No response provided.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 38 of 61
City Response: The applicant is required to provide landscaping and landscape buffering
throughout the development. See attached landscape plan, attachment 21.
Public Comments
The City received multiple comments as of the date of this staff report was finalized (April,
20th). Any other comments received after April 20th, 2017, will be entered into the record
as attachments to the staff report at the hearing examiner meeting.
Multiple comments received relate to apparent existing water flow issues occurring on the
adjacent subdivision to the east, Malloy Village PUD. Staff believes the water over-flow
issue is addressed with Conditions 3, 4 and 5, requiring compliance with adopted
stormwater regulations.
City recognizes that some comments may be general complaints or questions related to
existing conditions of the property or nearby properties: staff anticipates investigating
these issues separately from the proposed development. City staff have noted where we
believe the comments result in additional or modified conditions or additional analysis.
The comments received to date are summarized below, followed by staff comments:
1. Stoel Rives, LLP letter, received on April 18, 2017 (attachment 28). A summary of
the letter is as follows: The purpose of the letter is to request that the public
hearing scheduled for May 4, 2017 to a date at least 90 days thereafter or to some
other future date to be reasonably determined by the Community Development
Department. Malloy Village, LLC is the owner of the development located east of
Malloy Heights. Malloy Village believes its parcels are currently being inundated by
water draining from the Malloy Heights project and lands that lie uphill from the
parcel. A records request related to this issue was filed by Malloy Village, LLC and
the City indicated a response would be provided on this matter by May 5th, a day
after the public hearing. The letter states “the protection of the environment,
general compatibility with adjacent land uses, adequacy of wetland and stormwater
facilities, and the protection of the public health, safety, and welfare are all served
by a continuance.”
City Comment: Staff has established several recommended conditions in the staff
report, that will ensure that the stormwater systems within the Malloy Heights
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 39 of 61
subdivision meet adopted City and State regulations. These conditions would be
adhered to as part of the review of fully engineered civil plans associated with the
Malloy Heights subdivision, the installation of infrastructure consistent with approved
plans, and the perpetual maintenance of those systems by the developer or Home
Owner’s Association.
2. Malloy Village LLC, received on April 19, 2017 (attachment 29). A summary of the
letter is as follows:
Malloy Village, LLC provided a letter addressed the City Mayor summarizing the
situation/letter presented in section 1 above, requesting the Mayor consider an
extension to the May 4th Hearing. Malloy Village, LLC, pointed out the Ferndale City
Attorney advised Stoel Rives, LLP that the City opposes any delay of the hearing
and asks the Mayor to consider the request.
City Comment: see City response provided for #1 above. In addition, the City notes
that the Hearing Examiner may choose to extend or delay the public hearing, and
that the burden is on the proponent of the delay to make their case to the Hearing
Examiner.
3. Malloy Village, LLC, email received April 14, 2017, requested information related to
variances for the Malloy Heights project (Attachment 30).
City Comment: the project narrative, dated, April 11, 2017 was provided per the
request.
4. Malloy Village, LLC, email received on April 19, 2017, stating, “Thank you. Brad
Oxford (the property where Malloy Heights plans to discharge their water) posed an
interesting question to me this morning. He asked if the City had taken into account
the flow of water from the new development through the small culvert under the
railroad tracks.” (Attachment 31)
In its haste to shove through the Malloy Heights project through the Hearing
Examiner on May 4th, has the City taken into account all of the downstream water
runoff issues? And the liability the City could face as a result of its actions?
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 40 of 61
City Comment: No response provided at this time. City staff have also discussed the
project with Mr. Oxford and anticipate that Mr. Oxford will submit a comment letter
for review.
5. Lee DeLorme, email received on April 19, 2017 (Attachment 32) requesting a delay
of hearing because as stated by the sender,” During the last two winters the
wetlands have overflowed in to my back yard on several occasions. I feel there should
be an investigation into why this is happening. This is not a natural occurrence.”
City Comment: The City notes that the Hearing Examiner may choose to extend or
delay the public hearing, and that the burden is on the proponent of the delay to
make their case to the Hearing Examiner. While an investigation into unusual
wetland changes may be warranted, it is unlikely they are the result of the current
proposal.
6. Tim Carey email dated April 19, 2017. Issues raised: water discharge at Malloy
Village PUD, wetland overflow, runoff, lack of communication from Malloy Heights
PUD applicant.
City Comment:
Staff has established several recommended conditions in the staff report that will
ensure that the stormwater systems within the Malloy Heights subdivision meet
adopted City and State regulations. These conditions would be adhered to as part of
the review of fully engineered civil plans associated with the Malloy Heights
subdivision, the installation of infrastructure consistent with approved plans, and the
perpetual maintenance of those systems by the developer or Home Owner’s
Association.
Stormwater is addressed under the Water, Earth, and Public Services sections of the
SEPA MDNS issued on April 17, 2017, Condition 5, 25, & 37, and on pages 9, 10, 21
and 22 of the staff report.
No conditions were modified as a result of this comment.
7. Tim Carey letter, dated April 19, 2017, to the attention of the City Council Member
Cathy Watson. Issues raised: water discharge at Malloy Village PUD, wetland
overflow, runoff, City’s opposition to delaying the May 4th Hearing, request to delay
the May 4th Hearing date.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 41 of 61
City Comment: This is considered ex parte communication with City Council
Members who are tasked with reviewing the plat after a record is established by the
Hearing Examiner. This letter should be disregarded by City Council Members, and
City Council Members have been reminded that all ex parte communication should
be disclosed.
No conditions were modified as a result of this comment.
8. City Attorney Dannon Traxler letter, dated April 20, 2017 to the Hearing Examiner.
Issues raised, The City opposes the request to delay the May 4th Public Hearing.
City comment: The City opposes the request to delay the public hearing.
No conditions were modified as a result of this comment.
9. Tim Carey email dated April 20, 2017. Issues raised: public records request timing,
offsite water discharge to Malloy Village PUD, City’s opposition to delay of public
hearing.
City comment: See City comment A1 above related to water discharge.
No conditions were modified as a result of this comment.
10. Community Development Director Jori Burnett, email dated, April 20, 2017
(response to A4 email above).
City comment: N/A
11. Public Works Director Kevin Renz email dated April 20, 2017 (in response to A4 &
A5 emails above).
City comment: N/A
12. City Attorney Dannon Traxler email dated April 20, 2017, addressed to the Hearing
Examiner, providing the letter dated, April 18, 2017, prepared by Aric. H. Jarrett
requesting a hearing extension.
City comment: N/A
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 42 of 61
13. Tom Bennett, Bennett Engineering, LCC., emailed dated April 25, 2017. Issues
raised: apparent drainage problem area in southwest corner of Malloy Village,
apparent runoff problems, Malloy Heights drainage analysis, Malloy Heights
drainage mitigation measures, capacity of the existing drainage ditch and box
culvert.
City comment: see comments above related to drainage issues. The culvert capacity
will be reviewed as part of the storm report during civil plan review. The culvert
overpass isn’t expected to receive large amounts of traffic as a result of the Malloy
Heights development. Traffic concurrency analysis shows the majority of traffic
leaving the Malloy Heights development to the south.
14. Tim Carey email dated April 25, 2017. Issues raised: apparent water sources
entering Malloy Village PUD, apparent discharge from City storm system, apparent
wetland overflow on Malloy Village PUD property, apparent discharge from the
creek, box culvert capacity, water flow, and request for delay of hearing.
City comment: see City comment A4 above related to water overflow and delay of
hearing issues. The capacity of the culvert to handle storm water will be reviewed
during civil plan review.
15. Edward King email dated April 24, 2017. Issues raised: excess uphill water to Malloy
Village PUD, request for delay of May 4th hearing.
16. Philip Rose email dated April 23, 2017. Issues raised: water drainage to Malloy
Village PUD, request to delay the May 4th hearing.
17. Paula Zellner email dated April 25, 2017. Issues raised: water drainage to Malloy
Village PUD, request to delay the May 4th hearing.
18. Paul Latham email dated April 26, 2017. Issues raised: water flow issues, request to
delay the hearing.
19. Suzanne Domino email dated May 1, 2017. Issue raised: request to delay the
hearing.
20. Rich Warriner email dated May 2, 2017. Issue raised: water flow issues, request to
delay the hearing.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 43 of 61
City Comment (for A10-A15 above): See City comment A1 above related to water
discharge. The City opposes the request to delay the public hearing.
No conditions were modified as a result of this comment.
21. MD General response letter dated April 26, 2017. Issues raised: opposition to
request for delay of public hearing, opposition to apparent adverse water drainage
issues caused by Malloy Heights development, water issues from Glacier View Park
subdivision.
City Comment: No comment.
No conditions were modified as a result of this comment.
22. Cascade Engineering Group, P.S., Inc. letter dated April 26, 2017. Issues raised:
opposition to concerns raised over drainage problems resulting from the Malloy
Heights project.
City Comment: The City stormwater engineer shall review this letter and the
applicant’s engineer’s approach to storm during civil plan review. The applicant is
required to comply with City and State stormwater requirements.
No conditions were modified as a result of this comment.
23. Brad Oxford email dated April 30, 2017. Issues raised: Malloy Heights storm
proposal, repairs to Malloy Avenue culvert of Whiskey Creek crossing, culvert
capacity to handle storm water, truck traffic deteriorating roadway, increased flows
through Whiskey and Cedar Creek to the BNSF railroad through a 4-foot box
culvert east of the Oxford property (6061 Malloy Avenue).
City Comment: see comments above related to drainage issues. The culvert capacity
will be reviewed as part of the storm report during civil plan review. The culvert
overpass isn’t expected to receive large amounts of traffic as a result of the Malloy
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 44 of 61
Heights development. Traffic concurrency analysis shows the majority of traffic
leaving the Malloy Heights development to the south.
No conditions were modified as a result of this comment.
24. Yvonne Pullar letter dated May 1, 2017. Issues raised: opposed to PUD landscape
buffer reduction request that borders 6201 Malloy Avenue.
City Comment: 6201 Malloy Avenue, (Lot 1 of the Des Rochers Short Plat) is adjacent
to the proposed reduced buffer width shown as Tract I on the sheet 3 of 19 of
Attachment 1 of the original staff report. The applicant proposes to reduce the PUD
buffer from 20 feet to 5 feet along this section of the PUD. The five-foot buffer would
provide a full screen to the five properties adjacent to the buffer to the south. The
applicant was informed of this issue and may consider proposing additional
landscape easements within the south portion of the lots within the Malloy Heights
subdivision to create an increased width to the full screen.
No conditions were modified or added as a result of this comment.
25. Susan Schuitema email dated May 1, 2017. Issues raised: oppose street width
reduction, traffic increase, questions Malloy Avenue capacity to handle additional
traffic, questions water & sewer capacity, PUD buffer setbacks, safety with steep
slope to creek, advocates for noise hours limited to 5PM, no construction on
weekends.
City Comment:
Street width –
The applicant seeks to vary from the Ferndale Development Standards to reduce the
roadway width from 36-feet to 28-feet on internal circulators within in the
subdivision. As authorized within the Ferndale Development Standards, the Public
Works Director has approved this request.
No conditions were modified as a result of this comment.
Traffic –
The applicant is required to mitigate traffic impacts with payment of traffic impact
fees, frontage improvements and compliance with City traffic concurrency
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 45 of 61
requirements. The site is zoned for a development of this size and additional traffic
on Malloy Avenue is anticipated as new developments are constructed. Staff believes,
conditions 11, 33 in the staff report, and the traffic condition on the MDNS dated
April 17, 2017, cover this issue. No conditions were modified as a result of this
comment.
Water & Sewer -
Water, sewer, and stormwater infrastructure (as necessary) will be constructed to city
standards; payment of water and sewer connection fees; payment of storm sewer
mitigation fees. Staff believes the Public Services Condition shown on the MDNS,
dated April 17, 2017, pages 20-22 of the original staff report and conditions 3, 4, 6,
and 7 cover this issue. No conditions were modified as a result of this comment.
Include natural setbacks around the perimeter –
A PUD Landscaped buffer is required around portions of the Malloy Heights PUD.
Condition 27, and pages 28-30 cover this issue. Variance request #3 on pages 42-46
discuss the PUD buffer proposal, including buffer reduction in some areas where the
screening intent can still be met. No conditions were modified as a result of this
comment.
Safety with steep slope to creek –
Condition 18 in the staff report requires the applicant install split rail fencing or other
protective measures. As stated on page 26 of the staff report, the City requests that
the applicant propose a method to protect residents from the steep slope with split
railing fencing, warning signage or another acceptable method approved by the City,
prior to establishing the trail. Condition 18 will be modified at the Hearing Examiner
meeting to include this language.
Noise –
Staff has addressed this issue on page 10 of the staff report, and under the Noise
Condition as shown on the MDNS dated April, 17, 2017. No conditions were modified
as a result of this comment.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 46 of 61
VARIANCE REQUEST
See (attachment 56) for front building setback variance narrative/request, provided by the
applicant.
Building Setbacks – Variance to FMC 18.32.080 – Setbacks Zoning requires a 20-foot
front yard setback. It is requested that this setback be reduced to 15-feet for those
portions of a structure that do not contain a street-fronting garage.
Staff recommends approval, with conditions
The zoning requires a 20-foot front yard setback from the front property line. It is
requested that the front setback be reduced to 15 feet to the front portions of the
structure that does not contain a street-facing garage. This will better ensure that
sufficient space exists on-lot to park in front of the garage, but will provide
additional opportunity to articulate the front of the house toward the street without
requiring additional lot depth. This will provide the builder with additional
opportunity to establish a more aesthetically pleasing streetscape. The City has
allowed similar setback reductions for other subdivisions within the City limits.
The Hearings Examiner may grant a variance application only if he finds that the
applicant has demonstrated the following facts:
1. The variance is consistent with the spirit and intent of this title.
Staff Response: It is the purpose of the PUD regulation to allow departure from the
standard zoning requirements to accommodate a more varied development than may
otherwise be permitted. This variance will provide additional opportunity to do so.
2. The notice of public hearing has been duly published;
Staff Response: The Notice of public hearing was published in the Ferndale Record on
April 12, 2017, and properly distributed (Attachment 26).
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 47 of 61
3. The variance, either as applied for or with appropriate conditions imposed,
will not have significant adverse effects on the environment or on other uses,
or the variance as applied for or with appropriate conditions imposed will
mitigate to the greatest extent practicable all significant adverse effects on
the environment;
Staff Response: Approval of this variance will have no adverse impact on the
environment.
4. The variance will not constitute a grant of special privilege inconsistent
with the limitation upon uses of other properties in the vicinity and zone in
which the property on behalf of which the application was filed is located;
Staff Response: The variance would not grant a special privilege. Other long plats
in Ferndale (such as West Cedar Park PUD, The Meadows PUD, Malloy Village
PUD and Deer Park Plat) have been granted similar front setback reduction
variances.
5. The variance is necessary because of special circumstances relating to the
size, shape, topography, location or surroundings of the subject property to
provide it with rights and privileges permitted to other properties in the
vicinity and in the zone in which the subject property is located;
Staff Response: The variance is necessary to take full advantage of lot size/shape
modifications allowed within the PUD. This particular project proposes lot sizes that
are smaller than have typically been developed in the past in Ferndale, and this
reduction in the front yard setback will aid in providing flexibility in siting homes on
the lots.
6. The granting of the variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity
and zone in which the subject property is situated;
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 48 of 61
Staff Response: The granting of the variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in the vicinity and
zone in which the subject property is situated
7. Denial of the variance would result in unnecessary and undue hardship to
the applicant; and
Staff Response: The preservation of standard front setbacks for the proposed lots will
mean that the size of the structures, the size of the backyard, or both, could be
reduced. If the variance were to be denied, the applicant would be required to meet
all requirements of larger lots within a substantially constrained space.
8. Such a variance would be properly granted to any applicant upon an identical
showing of special circumstance relating to the subject property and the property
or improvements in the vicinity in which the subject property is situated.
Staff Response: The City believes a variance would be granted in identical situations, and has
been granted for other subdivisions.
PLANNED UNIT DEVELOPMENT REQUIREMENTS (FMC 18.68)
The PUD chapter includes a number of goals, ranging from the promotion of infill to the
provision of open space areas, encouragement of innovative and affordable housing,
allowances for cluster developments and the ability to require appropriate buffers
between dissimilar land uses (18.68.010 – Purpose).
The proposed project largely accomplishes each of these goals, in a variety of ways.
This section is intended to review the requirements of the PUD chapter, and compare
those requirements to the proposed development project.
Planned Unit Development Approval Criteria
The Hearing Examiner, as established by FMC 14.05.030, “may attach any reasonable
conditions found necessary to make such project compatible with its environment and to
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 49 of 61
carry out the goals and policies” of the City. It is not the responsibility of the Hearing
Examiner to review each subsequent document (land disturbance permit, civil plans,
building permits), provided that he and the public have the reasonable belief that these
subsequent reviews will also adhere to the relevant regulations as well as the preliminary
plat, and that substantive deviations from these regulations will require re-review by the
Hearing Examiner through an amended plat or a variance. In order for this to be
approved, the conclusions of law and findings of fact contained in the Preliminary Plat
chapter criteria must be demonstrated.
Staff has determined that the proposed Planned Unit Development meets the hearing
requirements as specified by Municipal Code sections 18.68.130 A-H. Ferndale Municipal
Code 18.68.130 includes criteria for approval a planned unit development, as follows:
A The applicant has consulted with surrounding property owners prior to submittal
of the application.
Staff Comment: As required by FMC 18.69.120, the applicant held an informal
neighborhood meeting. Invitations were mailed to property owners within 300 feet,
a notice was posted at least 10 days before the meeting, a meeting was held and a
report summarizing the meeting was provided to the City.
The applicant discussed the project in detail to the neighbors. Concerns were raised
about parking, added traffic, mail box placement, townhomes being used as rentals,
phasing and buffer requirements. The applicant addressed these concerns (see
meeting minutes for more details).
A neighborhood meeting was conducted prior to review by the City of Ferndale, and
a meeting summary is attached as Attachment 23.
B The applicant has filed a proper application and followed the procedural steps
required by this chapter and other applicable chapters of the Ferndale Municipal
Code.
Staff Comment: The applicant filed a proper application and followed the proper
noticing procedure (see Attachment 27 for Public Notices and Affidavits)
C The density of the proposed PUD is consistent with that of the underlying zone (as
modified by this chapter) and the Comprehensive Plan.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 50 of 61
Staff comment:
The proposed development achieves 4.95 units per gross acre as required by the
PUD code. The underlying zone (RS 8) provides a density range of 4-7 units per
net acre, the PUD ordinance provides a density range of 3-7 units per gross acre.
The development (proposed as a PUD) meets both density criteria.
D The proposed PUD will not result in a significant adverse impact on the
environment, as evidenced by an appropriate threshold determination under
SEPA, and the project will incorporate in its design any mitigation measures
identified during the SEPA review. Projects that are subject to a planned action
may be exempted from additional SEPA review; provided, that the City determines
the scope of work proposed has been addressed through the planned action EIS
and ordinance.
Staff Comment: The project has made the appropriate provisions for open spaces,
drainage, streets and public ways, transit stops (existing), sidewalk (existing), water
supplies, sanitary wastes, parks, and schools. As conditioned, environmental
impacts will be avoided or properly mitigated.
Overall, environmentally sensitive areas will be expanded and enhanced.
Individual wetlands are proposed to be filled in compliance with City of Ferndale,
Department of Ecology and Army Corps of Engineers requirements.
Stream and stream buffer impacts will be in compliance with the City of
Ferndale, Department of Ecology and Washington State Department of Fish and
Wildlife requirements.
E The project will result in the protection, preservation, or enhancement of
environmentally sensitive areas that may exist on the property.
Staff Comment: The proposed development will increase opportunities for housing
within the community (192 lots proposed) and as designed and conditioned, will
serve the public interest, health, safety, and general welfare.
F. The project design includes buffers where necessary and development patterns
adjacent to established developments consistent with the requirements of this
chapter.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 51 of 61
Staff Comment: The staff report, together with accompanying materials and
recommended conditions, includes adequate information for the Hearing Examiner
to reasonably consider the application. Written comments (if any) are included in
the agenda package, and this public hearing will provide citizens with an
opportunity to express their views on the proposed project to the Hearing Examiner
prior to a decision/recommendation.
G The project design includes usable open space in an amount that meets the
requirements of this chapter, and which includes particular elements appropriate
to the size and character of the anticipated population of the PUD.
Staff comment: The applicant proposes an acceptable amount of open space to
service the size and character of the development.
H The applicant has proposed and demonstrated that there will be sufficient legal
mechanisms put in place to guarantee the continued operation and/or
maintenance of all commonly owned elements of the PUD in perpetuity.
Staff comment: The applicant has proposed to utilize sufficient legal mechanisms
(CC&Rs, Maintenance Plans, Inspection schedules) to guarantee continued
operation and maintenance of common areas in the PUD in perpetuity.
RECOMMENDATION
The Hearing Examiner’s task is to review the applicant’s proposed Planned Unit
Development request and make a recommendation to the City Council, including any
suggested modifications or conditions to the project. In formulating a recommendation,
the Hearing Examiner should consider any information provided by the applicant, any
public comment received, and the criteria for approval of a Preliminary Plat/Planned Unit
Development, which is stated in FMC 18.68.130 of the FMC (see above).
Based on the analysis contained in this report, the Planned United Development Approval
Criteria, and the Findings of Fact noted below, staff recommends that Malloy Heights
Planned Unit Development be APPROVED. Staff further recommends that any such
approval be subject to the Conditions of Approval listed at the end of this report.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 52 of 61
FINDINGS OF FACT
1. The Preliminary Plat PUD application was submitted and processed in accordance
with the requirements of the Ferndale Municipal Code.
2. Environmental review was conducted in accordance with the Ferndale Municipal
Code. A SEPA checklist was submitted on July 21, 2016 and a Mitigated
Determination of Non-Significance was issued, dated April 17, 2017 (Attachment
5). As determined by the SEPA Administrator, the project is generally consistent
with the original project and MDNS, and no additional SEPA review was required
for this PUD application.
3. As conditioned, the proposed project will not have an adverse impact on the
natural environment.
4. As conditioned, the proposed project will not have an adverse impact on public
facilities and services.
5. As conditioned, and per city code, the proposed project is consistent with the
approval criteria for a Preliminary Plat.
6. The proposed project is consistent with the City of Ferndale Comprehensive Plan
and Zoning Code.
CONDITIONS OF APPROVAL
1. Once action on the Preliminary Plat is taken by the City Council, the Plat
map shall be revised to include any revisions or additions imposed by
Council or noted in the Conditions of Approval. Four copies of the revised
Preliminary Plat shall be submitted to the City for approval. One stamped
copy of the approved Preliminary Plat will be returned to the applicant.
2. The approved Preliminary Plat does not authorize any construction.
Construction plans must be submitted and approved by the City as required
in the City Development Standards. Should the preliminary plat be
approved, the applicant will be required to submit fully engineered civil
drawings to the Ferndale Public Works Department for review prior to the
issuance of a land disturbance permit authorizing the construction and
installation of infrastructure. Should the review of civil drawings identify
inconsistencies with the Ferndale Development Standards or the approved
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 53 of 61
preliminary plat, re-review by the Hearing Examiner may be required.
3. Any earthwork, drainage, utilities, or other construction must be designed
and carried out in accordance with city standards, to the satisfaction of the
Public Works Director, and in accordance with Department of Ecology
guidelines (where applicable).
4. A complete set of engineered construction drawings shall be submitted with
a Land Disturbance Permit Application and approved for the development
prior to start of any construction of infrastructure improvements. The initial
submittal shall include a final comprehensive stormwater management plan
and an erosion and sediment control plan.
5. A full review of the stormwater report will be conducted following submittal
of full civil drawings. The project drainage system is to be designed to
comply with the adopted Ecology stormwater standards, and must be
approved by the Public Works Department.
The applicant submitted a complete application on October 4, 2016, which
allows the project to design in accordance with the 2005 Department of
Ecology Stormwater Management Manual. However, substantial changes to
the project, or if construction has not started by January 1, 2022, will require
applying the current Stormwater Management Manual.
The storm pond shall be adequately screened from the Malloy Avenue right
of way to the satisfaction of the City.
Lot drainage design for individual lots shall comply with the City
development standards.
A minimum 20-foot wide access, including access to all structures, and a
minimum 14-foot wide roadway to support a minimum 70,000 pound vactor
truck in order to maintain the private stormwater facility is required.
6. Sewer service to each lot will be required. Sewer services will be installed as
necessary, to be determined during the review of civil plans.
7. Water service to each lot and tract, as well as water service necessary for
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 54 of 61
required irrigation of landscaping will be required. Water services will be
installed as necessary, to be determined during the review of civil plans
The applicant is required to extend necessary watermain to achieve
appropriate fire flow for each phase of the development as it is developed,
to the satisfaction of the Public Works Department.
8. With exception to approved variance requests, the public streets within the
proposed subdivision shall meet the minimum dimensional requirements of
the City of Ferndale. A full set of civil plans that reflect the proposed
changes have not been submitted and will be reviewed by Public Works
staff for compliance with the City’s Development Standards prior to issuing
a land disturbance permit.
9. Frontage Improvements:
The project will also be required to construct full ¾ street frontage
improvements per City of Ferndale Development Standards.
All frontage along Malloy Avenue from the main entrance to the south
along the property line shall be substantially complete per City standards,
prior to recording final plat.
The remaining frontage along Malloy Avenue north of the main entrance
along the property line shall be substantially complete per City standards,
prior to issuance of the 51st single family structure.
10. The project is subject to terms listed within latecomer’s agreement referred
to as “The City of Ferndale Utility Improvement Recovery Agreement related
to water and sewer main extension – Malloy Village, LLC, Auditors File
Number 2090302422. The city takes no position on the enforceability of this
latecomer’s agreement given the capacity or lack thereof of the sewer
improvements described therein.
11. Compliance with City traffic concurrency is required.
12. Guidelines for housing design shall be incorporated into the CC&Rs. Prior to
final plat approval, the CC&Rs shall be revised to reflect this requirement
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 55 of 61
and all requirements listed in FMC 18.68.070 A-C. Staff will require these
design concepts be utilized and will confirm this is the case when a building
permit is submitted. Should the design change substantially, the City will
require an additional design review and approval prior to issuance of
building permits for the lots.
13. Per FMC 18.68.060, the applicant must submit and record bylaws for an
owner’s association and, prior to final plat approval, the applicant shall
convey by deed all private facilities including but not limited to; stormwater
drainage facilities lying outside of dedicated right-of-way, common areas,
critical areas, trails and open space areas to an owner’s association. The City
shall be provided with easements necessary to serve and maintain all
property and utilities owned and/or maintained by the City. The owner’s
association shall be empowered to collect dues and assessments and to
enforce covenants, conditions, and restrictions and any rules and
regulations deemed necessary for the governing of development and use of
each lot and common areas within the PUD.
14. The plat survey shall be tied to the City of Ferndale “Survey Monument
Network” established in June 2001. If no suitable monuments exist from the
aforementioned network then coordinates from the City of Ferndale
“Existing Monument Location Survey” shall be utilized. If no
Monumentation from either of the aforementioned surveys can be
reasonably utilized, the surveyor may use the best available information as
approved by the City. The applicant’s engineer/surveyor shall contact the
City’s GIS/Mapping Specialist to determine which monuments shall be
utilized based on the location of the project (the City-approved monument
information shall be noted on the revised preliminary plat, and if necessary,
the preliminary plat shall be revised to reflect the ties to the appropriate
monument network).
15. State and Federal approvals, as applicable, shall be evidenced by
appropriate permits or other qualifying documentation prior to issuance of
any City permit for construction including land disturbance. Responsibility
for compliance with other agency requirements shall be solely the
applicant’s.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 56 of 61
16. Critical Areas:
The Project shall seek to avoid wetland and critical area impacts to the
extent practical and shall mitigate for wetland impacts on-or off-site in
accordance with City, state and federal regulations. If the wetland
mitigation is proposed off-site, the applicants shall first consider off-site
mitigation within the City of Ferndale, if practical.
A final critical area mitigation plan in accordance to all items specified in
FMC 16.08.270 and Article XI. Appendix A of the CAO must be submitted for
review and approval.
All remaining identified critical areas and mitigation areas (after on-site
mitigation), the applicant is required to place a deed restriction on all
remaining on-site wildlife corridors, buffer, and mitigation area that protect
the critical area from future development.
A deed restriction shall be placed on the remaining on-site critical area
buffer that protect the critical area from future development prior to final
plat recording.
17. Prior to construction activity, the applicant is required to post a
performance surety for all critical area work in conformance to 16.08.240
and Development Standards Chapter 5, section 503 Performance Securities
and Section 504, maintenance securities. Construction activities shall not
impact protected wetlands, streams or buffer areas. The final mitigation plan
shall propose methods to protect critical areas, buffers and enhancement
areas during construction of the plat. A maintenance bond in the amount of
150% is required for all mitigation/maintained activities associated with the
critical areas. Portions of the maintenance bond will be released after each
annual inspection or inspection timeline proposed by the critical areas
professional
18. Split rail fencing or other protective measure shall be installed along the
perimeter of the wetland buffers to notify future home owners of the
sensitive areas – wetland protection area signs shall be installed in a
conspicuous place at least every 300 feet along the fence, unless otherwise
approved by the Critical Areas Administrator. Proposed fence/protective
screening locations shall be included in a revised wetland buffer report for
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 57 of 61
review and approval. The fencing and signs shall be installed, inspected and
approved on site by planning division prior to final plat recording.
The applicant shall propose a method to protect residents from the steep
slope with split railing fencing, warning signage or another acceptable
method approved by the City, prior to establishing the trail
19. Due to the dynamic nature of wetlands and per city policy a new wetland
report will be required, should land disturbance activities be proposed after
5 years of plat approval.
20. Adequate fire protection infrastructure, of a type and location approved by
the Fire District, shall be included in the civil construction plans. All travel
ways shall provide for emergency vehicle access to the satisfaction of the
Fire District. No buildings may be constructed until adequate fire flow and
emergency access is provided
21. Fire protection and emergency medical services for the area will be provided
by Whatcom County Fire District #7 (WCFD7). The civil plans must be
acceptable to the Fire District prior to issuance of the Land Disturbance
Permit. The Fire District has not identified significant obstacles in providing
these services based on the conceptual layout that has been provided to the
City.
22. The applicant will be required to submit civil plans acceptable to WCFD7
prior to land disturbance permit approval for infrastructure construction.
Should substantial changes in grade or site design be required during civil
plan review, the Hearing Examiner may be required to re-review the
proposal.
23. SEPA mitigation measures, as identified in the project SEPA checklist and
SEPA Mitigated Determination of Non-Significance (April 17, 2017) shall be
reflected in the project design and civil construction plans, and made
conditions of this approval.
24. A geotechnical study prepared by a qualified professional shall be prepared
for building foundations prior to building permit issuance. All findings of
such study or studies shall become requirements of subsequent building
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 58 of 61
permits.
25. Covenants, Conditions, and Restrictions (CC&R’s) shall be approved by the
City prior to approval and recording of the Final Plat. The CC&R’s shall
identify the Homeowners Association’s (HOA) responsibilities for storm
water detention and treatment facilities, drainage infrastructure, wetlands
and buffers, and other common, non-public infrastructure of the project.
The CC&R's shall contain the following:
Specific language ensuring inspection and maintenance of the
wetland consistent with the Final Mitigation Report.
A provision that ensures inspections of the wetland and buffer by a
qualified wetland professional.
A provision that the wetland professional creates a report and
provide it to the HOA and the City.
A provision that requires that should the periodic inspection identify
any detrimental impacts, the wetland professional shall identify
measures required to rectify the impact in the report prepared for the
HOA and the City.
A provision that specifies that any required repair, maintenance, or
restoration associated with wetland and buffer common areas or
facilities is the responsibility of the HOA.
26. Open space areas, buffers, or other tracts of land not suitable as building
lots, together with any associated facilities or equipment shall be privately
owned and maintained by the Homeowner's Association. A note to this
effect shall be shown on the face of the revised Preliminary Plat.
27. A landscape and lighting plan, identifying the type, size, spacing, and
maintenance schedule for all landscaping (including lighting elements)
proposed within the required buffer areas, open space areas, and other
common areas is required to be submitted and approved by the City prior
to plat recording.
Per 18.68.070.B., A maintenance bond in the amount of 125% is required for
a period of three years for all landscaping associated with the Planned Unit
Development.
Malloy Avenue landscaping within the right of way shall be consistent with
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 59 of 61
landscaping used for Malloy Village PUD and shall be drought tolerant, low
maintenance plantings.
Prior to final plat approval, the applicant shall propose and install fences,
vegetative barriers, or other devices to limit user access to protected critical
areas and stormwater facilities.
A licensed stormwater professional will demonstrate active use and
landscaping screening in and around the stormwater infrastructure will not
diminish its effectiveness
The applicant shall propose a landscaping (“street tree”) plan to the
Ferndale Public Works Department as part of the review of full civil plans.
Maintenance of trees along the public right of way is the responsibility of
the property owners and must follow City conventions. The City will require
that landscaping along the street be located behind the sidewalk and
outside of the 10-foot dry utility easement as shown in the cross section.
Root barriers shall be utilized, when necessary, to protect infrastructure.
All street trees be planted prior to final plat approval. Alternatively, the
applicant could post a performance surety in the amount of 150% of the
landscaping costs including (plantings, installation and materials) with the
City.
28. All lots require a minimum 40’x40’ building area, not including required
setbacks or easements, and no lot shall be less than the 4,000 square foot
minimum lot size authorized by the PUD chapter.
29. Setbacks shall be as follows:
Front – 15 feet to (non-garage) façade
Front – 20 feet for driveway to garage
Rear – 5
Sides – 5 feet
30. Lighting shall be installed in the parking and driving areas. Exterior lighting
shall be so installed that the surface of the source of light shall not cast a
direct glare upon the adjacent right of ways, and shall be so arranged to
reflect light away from residential uses to the north, south and west. The
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 60 of 61
lighting shall be energy efficient (LED Lighting) and shown on the civil plans.
31. One half of traffic mitigation fees shall be paid prior to recording of the final
mylars for each phase; the remaining half shall be paid pursuant to building
permit conditions of approval.
32. One half of park mitigation fees shall be paid prior to recording of the final
mylars for each phase; the remaining half shall be paid pursuant to building
permit conditions of approval.
A credit for one traffic trip is credited for the existing house on the project
site.
33. Water and sewer connection fees shall be paid at the time of Building
Permit issuance for each lot.
34. Impacts to the Ferndale School District resulting from the proposed
development will be mitigated by the payment of school impact fees to be
determined by the District.
35. Storm sewer mitigation fees shall be paid prior to recording of the Final Plat
for each phase.
36. Credits will be applied to trails dedicated. The remaining balance will be
owed for park impacts fees to be paid half at final plat for each phase and
half pursuant to building permit conditions of approval.
37. All open space areas, stormwater tracts, or other common areas shall be
labeled and recorded as separate tracts or lots within the plat. The revised
Preliminary Plat plan shall reflect this requirement.
38. Street names and addressing shall be approved by the City of Ferndale prior
to final plat approval.
39. The City requests that all recorded plats show the gross and achieved
densities on the face of the plat. The revised Preliminary Plat plan shall
reflect this requirement.
Malloy Heights Planned Unit Development (16001-PUD)
Revised May 23, 2017
Page 61 of 61
40. The Final Plat for any phase, when submitted, shall be consistent with the
approved Preliminary Plat, reflect any and all conditions of approval, and be
consistent with the requirements of Chapter 18.68 and Title 17 of the
Ferndale Municipal Code, together with City Development Standards.
41. Shared driveways must be installed with plat infrastructure unless otherwise
approved by the Public Works Director.
No vehicular parking may occur on the shared access easement, and no
waste receptacles or other personal belongings shall be left on the shared
easement in a manner that would prevent access for one or more
properties.
42. Tracts D currently exhibits steep slopes and is proposed to be terraced and
used for community gardens with trail access from the cul-de-sac. To qualify
as usable open space, the applicant is required to grade the tract to 15% or
less.
43. The Preliminary Plat shall expire after a period of 5 years from the date of
approval by the City Council. Submittal of a Final Plat application must
commence within this time period. A note to this effect shall be placed on
the revised Preliminary Plat plan.