notice of mitigated determination of ......2004/04/14 · april 14th, 2004 edition project name:...

NOTICE OF MITIGATED DETERMINATION OF NONSIGNIFICANCE (MONS)

NOTICE IS HEREBY GIVEN that the following proposal as mitigated has been determined to have no probable significant adverse impacts on the environment, and that an environmental impact statement is not required under RCW 43.21C.030(2)(c). Written comments on the following MDNS may be submitted to the Responsible Official no later than April 29, 2004.

DESCRIPTION:

LOCATION:

APPLICANT:

OWNER:

APPLICANT'S REPRESENTATIVE

Commerce Parkway PUD (PUD:03-03 / SUB: 06-03) The applicant is proposing to develop approximately 75 acres into a planned unit development in the Light Industrial zoning district consisting of 61 single-family attached/detached units and 212 multi-family units on 18.35 acres with 50.50 acres devoted to manufacturing, office and retail uses. The development also includes a development agreement pursuant to RCW 36.70B.170.

The subject site is located north of 199th Street and east of Lewis and Clark Railroad in Battle Ground, WA (serial #'s 91058-002 and 91058-003) located in the NE and SE quarters of Section 2, T.3N, R.2E, W.M.

Wilson Associates, AIA 404 E. 15th Street, #7 Vancouver, WA 98663

Achen Development, LLC 20926 NE Allworth Road Battle Ground WA 98604

Larry Wilson Wilson Associates, AIA 404 E. 15th Street, #7 Vancouver, WA 98663

MITIGATION MEASURES

The following measure(s) are based on the specific policies of Chapter 17.143.010 and BGMC 9.42.010C

1. Prior to issuance of any building permits, construct Rasmussen Boulevard, including the railroad crossing, from the applicant's east property line to Grace Avenue, and Commerce Avenue north or Rasmussen Boulevard, as depicted on the master PUD plan. All applicable City and County approvals must be received before implementation. Provide safe access to the site from SE Grace Avenue via SE Rasmussen Boulevard.

2. Prior to exceeding 245 PM peak hour trips, construct a 75-foot long southbound to eastbound left turn lane at the intersection of SE Grace Avenue / SE Rasmussen Boulevard. All applicable City approvals must be received before implementation. Provide safe access to the site from NE 199th Street via SE Commerce Avenue.

3. Prior to issuance of any building permits, construct a 125-foot long eastbound to northbound left turn lane at the intersection of SE Commerce Avenue / NE 1991h Street. All applicable City and County approvals must be received before implementation. Mitigate for a level of service deficiency at SR 503 / NE 199th Street.

4. Prior to exceeding 790 PM peak hour trips, construct a 100-foot long eastbound to southbound right turn lane at the intersection of SR 503 / NE 1991h Street. All applicable City, County, and State approvals must be received before implementation.

RESPONSIBLE OFFICIAL:

Please Publish:

Brian Carrico, Development Services Manager City of Battle Ground 109 SW 1st Street Suite 127 Battle Ground, Washington 98604 (360) 342-5042

April 14th, 2004 EDITION

Project Name:

Applicant:

Owner:

ENVIRONMENTAL REVIEW REPORT

Commerce Parkway Planned Unit Development

Wilson Associates, AIA 404 E. 15th Street, #7 Vancouver, WA 98663

Achen Development, LLC 20926 NE Allworth Road Battle Ground WA 98604

Project Description: The applicant is proposing to develop approximately 75 acres into a planned unit development in the Light Industrial zoning district consisting of 63 single-family attached/detached units and 212 multi-family units on 18.35 acres with 50.50 acres devoted to manufacturing, office and retail uses. The development also includes a development agreement pursuant to RCW 36.708.170.

Project Location: The subject site is located north of 199th Street and east of Lewis and Clark Railroad in Battle Ground, WA (serial #'s 91058-002 and 91058-003) located in the NE and SE quarters of Section 2, T.3N, R.2E, W.M.

The following is an analysis of the environmental checklist and the potential impacts that may result from the proposed project. Italics indicate potential mitigation measures, if any. Bold indicates unresolved issues or additional information that must be addressed by the applicant prior to final approval, as indicated.

EN~RONMENTALELEMENTS

1. EARTH The site is relatively flat with maximum slopes of approximately 5%. There are no mapping indicators of unstable soils on site.

The applicant is proposing to grade on site for road construction, utility work and general site preparation. Cut and fill will be used with on-site materials.

The applicant should prior to on-site construction submit a grading and erosion control plan prepared by a registered engineer in the State of Washington that includes information on the amount (in cubic yards) of

Commerce Parkway ERR Page 1

proposed filling and grading activities for the proposed project. The grading and erosion control plan should be provided as part of the final engineering plans submittal.

The applicant indicated that after construction, approximately 65% to 75% of the site would be covered with impervious surfacing. The applicant will be responsible for providing appropriate storm water detention and treatment on site.

Erosion control measures should be implemented for on-site construction activities and should be consistent with the City of Battle Ground's Standard Construction Details in effect at the time of grading approval and should also be consistent in its preparation and implementation with the design criteria specified in the Puget Sound Manual. This information should be on the grading and erosion control plan provided as part of the final engineering plans submittal.

2. AIR Emissions associated with construction of this project are anticipated in the shortterm, including dust generation from soil-disturbing activities and from equipment used in grading, trenching, and construction.

Long-term impacts are anticipated to result from traffic associated with the development, yard equipment such as lawn mowers and gas fueled trimmers, household appliances and from equipment associated with future commercial/office or industrial activities. The Regional Transportation Council (RTC) monitors mobile sources of air pollution, and the Southwest Clean Air Agency controls point source pollution generators.

The applicant shall prior to the issuance of final plat approval demonstrate in written and/or plan form compliance with the City's erosion control requirements as specified in the City's Standard Construction Details.

3. WATER Surface: The applicant indicates that there are no wetlands or surface water bodies on or in the vicinity of the project site. The US Army Corp of Engineers determined that there were wetlands on-site but they qualified as Prior Converted status and thus are not subject to regulation under the Clean Water Act.

The applicant, where applicable, shall comply with City of Battle Ground wetland regulations specified in BGMC 18.200-18.240, as well as all regulations administered by the Washington State Department of Ecology and US Army Corps of Engineers.

Ground: The applicant is not proposing to withdraw any groundwater or anticipate any groundwater contamination.

Water for the completed project will come from the City of Battle Ground municipal supply. The City relies on groundwater for its potable water supply. The project will


increase the amount of water used by the city. The city, as the water purveyor, is responsible for assuring that the proposed project is within its available rights and supplies.

Water Runoff: Increased stormwater runoff from new impervious surfaces on the site will occur. The applicant indicates that surface water runoff generated from impervious areas will be collected through catch basins and discharged into bio-filter swales that will provide treatment in accordance with the City of Battle Ground Standards in BGMC 18.250 and then discharged to detention facilities and then discharged to existing water courses. The applicant shall, prior to the issuance of engineering approval, submit a stormwater engineering plan prepared and stamped by a professional engineer that identifies how on-site stormwater treatment and detention will occur and comply with the applicable standards within BGMC 18.250 for stormwater. The applicant shall, prior to the issuance of engineering approval, submit required US Army Corps permits, if found to be applicable.

4. PLANTS Site is covered in grasses, shrubs and other low lying plants with limited areas of alder and maple trees.

The applicant is proposing to remove the majority of the trees, shrubs, and grasses on site for the related project and add urban landscaping. There are no known endangered plant species on site.

5. ANIMALS The applicant indicates that songbirds have been observed on or near the site. There are no known endangered species on site. The site currently provide habitat for a variety of birds including geese and raptors, small animals, frogs, insects and other miscellaneous wildlife normally expected meadow type habitat.

The project site, like the rest of Clark County, is on the Pacific Flyway migration route. With the addition of individual lot landscaping, and the stormwater facilities on site, the site should continue to provide some wildlife habitat. The habitat will be significantly reduced as a result of the project, but in a manor consistent with other urban development.

The project site is within the Salmon Creek drainage basin. Salmon Creek provides habitat for several threatened or endangered salmonids. The additional impervious surfaces will change the runoff patterns from the site which, when considered with other development in the basin will affect stream flows and characteristics. The required stormwater control and treatment will serve to mitigate this effect.

6. ENERGY AND NATURAL RESOURCES The applicant is proposing to utilize the standard utilities to serve the site including electricity, natural gas, and public water and sewer. It is not anticipated that solar energy for adjacent parcels will be adversely impacted from this project.

No concerns noted.

7. ENVIRONMENTAL HEALTH


The applicant is not proposing to use any hazardous materials or chemicals that would not otherwise be used for normal construction. Future industrial users could employ hazard materials.

Noise anticipated is related to construction activities from heavy equipment during the site improvement stage and during construction of the structures. The applicant indicates that construction will occur from 7am to 4pm. Long-term noise is anticipated to occur from traffic associated with the project. Noise could also be generated from future industrial activities.

Per BGMC 9.42.010(8) noise generating construction activities shall be limited to the hours between 7 AM and 9 PM on weekdays and 8 AM and 9 PM on weekends. Noise from future uses on the site shall be assessed at the time of site plan review.

8. LAND AND SHORELINE USE The proposed project is an allowed land use within the zoning district and it meets the overall comprehensive plan. It is not located within any shoreline jurisdictional areas. The proposed residential component of the project is only allowed in the subject district through the Planned Unit Development process.

The applicant will be required to comply with conditions and agreements as listed the Developers Agreement and conditions listed in Final Order from the Hearings Examiner for the PUD

9. HOUSING The proposed project will provide 273 housing units for a variety of income levels and no housing will be displaced as a result of the project.

No concerns noted.

10. AESTHETICS Building height is limited to 45 feet within the ML district. The finished project will alter existing views from surrounding development by modifying the project site. This modification is consistent with the urban nature of the site and its comprehensive plan designation.

11. LIGHT AND GLARE Light will come from the streetlights installed with the project, from completed dwellings and from vehicles using the proposed public streets. While this lighting may be visible from adjacent properties, it would be within the range normally expected of urban development. Lighting will be required to comply with adopted city standards at the time of site plan approval.

12. RECREATION There is an existing neighborhood park located 200 feet north of the project site. No impacts are expected to existing recreational opportunities. The applicant will be required to provide recreational space for the multi-family portion of the project, and dedicate park space to the City for the single-family component.

13. HISTORIC AND CULTURAL PRESERVATION


Clark County GIS records indicate that the parcel is located in a Low - Moderate and Moderate probability area for archaeological resources. There are no specific indications that there are historic and cultural resources present on site.

The applicant should be aware that if any cultural resources are discovered in the course of undertaking the development activity, the Office of Archaeology and Historic Preservation (OAHP) in Olympia and the City of Battle Ground Planning Department must be notified. Failure to comply with these State requirements may constitute a Class C felony, subject to imprisonment and/or fines.

14. TRANSPORTATION Access to the project is via SE Commerce Avenue and SE Rasmussen Boulevard. Both streets will be extended through the site to provide access to the proposed lots. The applicant indicates that the nearest transit stop is on Main Street approximately four blocks to the north.

In section 14 f . transportation, when asked how many vehicular trips per day would be generated by the completed project, the applicant indicates 651 AM peak trips and 769 PM peak trips. The most recent copy of the traffic study performed by Hopper, Dennis, Jellison Engineering indicates that there will be 679 AM peak trips and 869 PM peak trips. As part of the approval process the applicant has proposed the following mitigation measures as part of a developer's agreement:

Provide access to the site a railroad crossing needs to be built along the SE Rasmussen Boulevard alignment.

Mitigation Measure: Prior to issuance of any building permits, construct Rasmussen Boulevard, including the railroad crossing, from the applicant's east property line to Grace Avenue, and Commerce Avenue north or Rasmussen Boulevard, as depicted on the master PUD plan. All applicable City and County approvals must be received before implementation. Provide safe access to the site from SE Grace Avenue via SE Rasmussen Boulevard.

Mitigation Measure: Prior to exceeding 245 PM peak hour trips, construct a 75-foot long southbound to eastbound left turn lane at the intersection of SE Grace A venue I SE Rasmussen Boulevard. All applicable City approvals must be received before implementation.

Provide safe access to the site from NE 199th Street via SE Commerce Avenue.

Mitigation Measure:

Prior to issuance of any building permits, construct a 125-foot long eastbound to northbound left turn lane at the intersection of SE Commerce Avenue I NE 19gth Street. All applicable City and County approvals must be received before implementation.

Mitigate for a level of service deficiency at SR 503 I NE 1 ggth Street.

Mitigation Measure:


Prior to exceeding 790 PM peak hour trips, construct a 100-foot long eastbound to southbound right turn lane at the intersection of SR 503 I NE 1 ggth Street. All applicable City, County, and State approvals must be received before implementation.

15. PUBLIC SERVICES Services required for the proposed development include fire, police, water, sewer, schools, parks, health care, and general City service. The proposed development will need to provide adequate fire flow, hydrants, and emergency vehicle access, as well as any other requirements of the Uniform Fire Code that pertain to this project. The expected increase in the need for emergency services is negligible during construction, and will most likely increase incrementally with the operation of the project.

The developer will be responsible for the payment of impact fees for transportation, schools, and parks to pay for new facilities in order to meet the level of service requirements for growth.

The proposed actions will be subject to review and approval based on compliance with BGMC 12 streets and sidewalks, BGMC 13 water and sewer, BGMC 15 building code, BGMC 16 subdivision, BGMC 17 zoning, and BGMC 18 environmental protection.

16. UTILITIES The City of Battle Ground is the public water and sewer purveyor for the City's water and sewer service areas and also manages a storm drainage utility and street lighting utility. The applicant is advised that RCW 19.27.097 requires that "each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building." Other utilities such as electricity, telephone, and garbage are to be provided by franchise utility providers in conformance with applicable City standards and requirements. · Currently there is adequate water and sewer capacity within the City for the proposed development. Currently the land is bare and has no utilities within the property lines. The applicant will construct sewer and water capital lines identified by the City's Master Plans and confirmed in the developer's agreement. The applicant will also construct sewer and water lines not identified in the City's Master Plans to serve the internal portion of the site.

DECISION: A Mitigated Determination of Nonsignificance (MDNS) is issued for this project, pursuant to WAC 197-11-350, with a 14-day comment period to allow for public comments on the determination. Mitigation measures identified below shall become conditions of approval.

1. Prior to issuance of any building permits, construct Rasmussen Boulevard, including the railroad crossing, from the applicant's east property line to Grace Avenue, and Commerce Avenue north or Rasmussen Boulevard, as depicted on the master PUD plan. All applicable City and County approvals must be received before

Commerce Parkway ERR Page6

implementation. Provide safe access to the site from SE Grace Avenue via SE Rasmussen Boulevard.


3. Prior to issuance of any building permits, construct a 125-foot long eastbound to northbound left turn lane at the intersection of SE Commerce Avenue / NE 199th Street. All applicable City and County approvals must be received before implementation.

4. Prior to exceeding 790 PM peak hour trips, construct a 100-foot long eastbound to southbound right turn lane at the intersection of SR 503 / NE 199th Street. All applicable City, County, and State approvals must be received before implementation.


Staff Report and Recommendation to the City of Battle Ground Hearings Examiner

Project Name: Commerce Parkway Subdivision and Planned Unit Development SUB: 06-03 / PUD: 03-03

Report Date: May 25, 2004

Proposal: The applicant is proposing a Planned Unit Development on approximately 75 acres in the Light Industrial {ML) zoning district. The proposal includes 63 single-family attached and detached residential units on 5.5 acres, 212 multi-family residential units on 11.5 acres and up to 665,000 square feet of commercial and industrial space on approximately 50 acres.

Location: North of 1991h Street and East of the Lewis and Clark Railroad. There is no current street address. Tax Assessor Serial Number 91058-002 and 003.

Contact(s): Larry Wilson Wilson Associates, AIA 404 E. 151h Street, #7 Vancouver, WA 98663

Applicant(s): Same as Contact

Property Owner(s): Dennis Pavlina 7710 NE Vancouver Mall Drive Vancouver, WA 98662

Staff: Brian Carrico, Development Services Manager Robert Maul, Assistant Planner Mark Herceg, E.I.T, Associate Civil Engineer

SEPA Determination: Mitigated Determination of Non-significance (MONS)

Staff Recommendation:

Approved With Conditions

DEVELOPMENT SERVICES MANAGER APPROVAL AND AUTHORIZATION:

Brian Carrico, Development Services Manager DATE

TABLE OF CONTENTS

I. BACKGROUND A. General Site Information B. Land Use History

II. APPLICABLE REGULATIONS/ANALYSIS B. Battle Ground Municipal Code

1. Title 12 Streets and Sidewalks 2. Title 13 Water and Sewers 3. Title 15 Building and Construction/Fire 4. Title 16 Subdivisions 6. Title 17 Zoning 9. Title 18 Environmental Protection 7. Other

C. Agency/Public Comments C. Revised Code of Washington

Ill. RECOMMENDATION/DECISION

IV. CONDITIONS OF APPROVAL

V. EXHIBITS

I. BACKGROUND

A. GENERAL SITE INFORMATION Zoning District &: Comprehensive Plan Designation Adjacent Land Uses:

Adjacent Zoning Designation:

Parcel Size: Existing Vegetation:

Existing Structures: Geologic Hazards: Flood Plains: Wetlands:

Archaeology:

B. LAND USE HISTORY

ML

Preliminary residential subdivision approval(lron Horse Park 1 and 2) and vacant land to the north, the Lewis and Clark Railway and miscellaneous industrial development to the west, agricultural, rural and industrial land uses to the east and rural land uses across 199th Street to the south. R1-7.5 to north, ML and Urban Holding (Clark County) to the east, ML to the west and Urban Holding (Clark County) to the south. 75.11 acres per GIS records The site contains a variety of grasses, shrubs and wetland vegetation with limited trees. None. No mapping indicators No mapping indicators Indicators present. Prior converted cropland determination by US Army Corp of Engineers. Predictive modeling shows the site contains a High probability ranging from 80-100%.

A pre-application conference was held on May 6, 2003, and the applicant submitted the project application on September 5, 2003 .. Notice of Technically Complete status was issued on September 18, 2003 and on September 24, 2003 the Notice of

Commerce Parkway PUD Staff Report (SUB: 06-03 / PUD: 02-03) Page2

application was posted and mailed. A notice of public hearing was issued and posted on May 21, 2004.

The applicant submitted a request for a Developer's Agreement along with the proposed plat and planned unit development. The agreement was negotiated between staff and the applicant and was approved by the City Council on May 3 and was adopted May 17, 2004.

II. APPLICABLE REGULATIONS/ANALYSIS

B. BATTLE GROUND MUNICIPAL CODE (BGMC)

1. Title 12 Streets and Sidewalks

Criteria and Findings:

BGMC 12.112 (House and Street Numbering): The proposed preliminary plat has streets that are mislabeled that need to be corrected in order to comply with BGMC 12.112.050. NE Commerce Avenue shall be called SE Commerce Avenue. Rasmussen Boulevard shall be called SE Rasmussen Boulevard. The northern most east-west street in Phase I shall be called SE 5th Way (Private), the southern most east-west street in Phase I shall be called SE 7th Way (Private), the eastern most north-south street in Phase I shall be called SE 15th Avenue (Private), the western most north-south street in Phase I shall be called SE 14th Place (Private), and the east-west street accessing off of SE Commerce Avenue will be called SE 5th Street (Private). All further references to streets in this staff report will be by the correct names. Lots 1-7, 40-41, 44-45, 48-49, 51-56 and 59-60 shall be addressed off of Commerce Avenue or Rasmussen Blvd. as appropriate, and not the interior private roads.

BGMC 12.116 (Public and Private Street Standards): The proposed site would have a small portion of frontage along NE 199th Street, a principal arterial. The Phase I stormwater facility includes the majority of the frontage on 199th Street. Per BGMC 12.116.160 and BGMC 12.116.180 half street improvements for NE 199th Street are required including a minimum roadway of 25-feet during this phase.

The applicant is proposing on-site Primary Industrial (SE Commerce Avenue -south of SE Rasmussen Boulevard), Major Collector (SE Rasmussen Boulevard), Neighborhood Collector (SE Commerce Avenue - north of SE Rasmussen Boulevard), and Private 40-feet (SE 5th Way, SE 5th Street, SE 7th Way, SE 14th Place, and SE 15th Avenue) streets on the preliminary plat. The applicant is proposing to build SE Rasmussen Boulevard to the Primary Industrial standard (70-foot right-of-way including a median where possible), which is acceptable to engineering staff because of the possibility of truck traffic. Engineering staff has reviewed the classification of these streets and finds them to be acceptable. The applicant has requested a road modification to meander the sidewalks from detached to curb tight along SE Commerce Avenue and SE Rasmussen Boulevard based on it being a unique design. This is acceptable to engineering staff provided that the applicant maintains all vegetation, plantings, and landscaping features in those areas through contract or a homeowner's agreement. Staff asks the Hearings Examiner to approve this portion of the modification request. This agreement or evidence of a contract shall be provided prior to final plat and shall be recorded with the plat.

Commerce Parkway PUD Staff Report (SUB: 06-03 / PUD: 02-03) Page3

SE Commerce Avenue north of SE Rasmussen Boulevard and SE Rasmussen Boulevard from the east property line to SE Grace Avenue, including the railroad crossing, will be built prior to any building permits being issued as a mitigation measure determined by the traffic study (see below). The portion of SE Commerce Avenue south of SE Rasmussen Boulevard needed to serve each phase will be built prior to issuance of building permits for that phase. Should phases go out of order the phase will build its portion of SE Commerce Avenue and any portion needed to connect it to existing SE Commerce Avenue. Nothing in this staff report shall prevent portions or all of SE Commerce Avenue being built earlier than needed provided that appropriate City approvals are received .

At this time the only portion of the project that will be required to be platted is Phase I. For this reason the applicant shall plat all right-of-way as part of this plat or provide a separate deed of right-of-way prior to final plat approval of Phase I. The existing portion of SE Commerce Avenue is currently a private street. As part of the final plat it shall be dedicated as a public street. All signing indicating that it is a private street shall be changed to public street signing and this shall be indicated on the final engineering plans. The preliminary plat shows approximately 10-feet between the property line and the SE Commerce Avenue right-of-way. This will prevent further future connections from the east. For this reason the right-of-way shall be changed to abut the east property line or an access / right-of-way easement shall be provided so possible future access won't be prevented.

The applicant has shown driveways on the preliminary plat. The plans indicate that for the residential phases (1-111) there are only two entrances, SE 5th Street and a driveway for the apartments that lines up with SE 5th Street. These will be the only curb cuts allowed for these phases. A note to this effect shall be placed on the final plat. For the commercial and industrial phases (IV-IX) there will be two driveways allowed on SE Rasmussen Boulevard, six driveways on SE Commerce Avenue, and one driveway on NE 199th Street at locations substantially similar to those shown on the preliminary plat. The final locations will be determined with their respective phases. At this time the applicant will need to show that there is adequate sight and stopping distance.

The applicant is proposing that all lots in Phase I contain less than 50-feet of frontage. BGMC Table 12.115.040.E states alleys shall be required in new residential development when lots face a restricted access street, at neighborhood entries, and when lots being served have street frontage of 50-feet or less, except when abutting a limited access highway or protected natural area. Therefore, alleys would normally be required for all lots. However, the applicant has asked for a road modification, based on unique design, stating that allowing the private road in place of the alleys will eliminate all curb cuts from the public right-of-way. Therefore, staff asks the Hearings Examiner to approve this portion of the modification request.

The applicant is required to provide landscaping in the planter strips in the right-ofway. Per BGMC 12.115.050.F the applicant shall submit a landscaping plan with the engineering plans that provides the required landscaping. The applicant is required to submit as part of the engineering plans pertaining to streets a driveway location plan that specifies proposed driveway curb cuts for all lots within the plat. If possible the landscape and driveway plan should be on the same page in order to show possible conflicts.

Commerce Parkway PUD Staff Report (SUB: 06-03 / PUD: 02-03) Page 4

The applicant is not proposing any traffic calming measures. Per BGMC 12.116.080.B traffic calming is required for all residential streets. Traffic calming requirements for this subdivision will be determined during the final engineering review process.

The applicant is proposing that lots in Phase I be served by private streets. Per BGMC 12.116.130.A.3 the final plat is required to have the following note: "The City of Battle Ground has no responsibility to improve or maintain the private streets contained within, or private streets providing access to, the property designed in this development." Per BGMC 12.116.130.A.5 a private road maintenance agreement is required for these streets. BGMC 12.116.040.B states that streets in planned unit developments may be private and can serve more than eight units when they serve no cross-circulation purpose and when allowed under the modification process in BGMC 12.116.290. The applicant has requested a road modification to do this based on it being a unique design, which meets the modification requirements. The modification would conform to BGMC 12.116.01 O.B by improving safety for vehicles by providing a larger traveled way. Being there is no cross-circulation benefit to the City and the modification section has been met, staff asks the Hearings Examiner to approve this portion of the modification request.

With the proposal of private streets BGMC 12.116.150 requires a note on the face of the plat identifying the maintenance responsibilities of each property owner and an accompanying covenant. The final plat shall have a note fulfilling this condition.

The applicant was required to provide a traffic study per BGMC 12.116.180. The traffic study was prepared by HDJ Engineering and received by the City of Battle Ground on September 5, 2003. Based on conversations with the City and the City's traffic consultant, Parametrix, several updates were provided. The first was dated December 4, 2003, the second Jan 16, 2004, and the final February 23, 2004. The traffic study determined that a number of mitigation measures would be required to make sure that all intersections effected by the project would operate at a minimum level of service (LOS) required by the City or better. The mitigation measures are as follows: (1) Prior to issuance of any building permits, construct Rasmussen Boulevard, including the railroad crossing, from the applicant's east property line to Grace Avenue, and Commerce Avenue north or Rasmussen Boulevard, as depicted on the master PUD plan. (2) Prior to issuance of any building permits, construct a 125-foot long eastbound to northbound left turn lane at the intersection of SE Commerce Avenue / NE 199th Street. (3) Prior to exceeding 245 PM peak hour trips, construct a 75-foot long southbound to eastbound left turn lane at the intersection of SE Grace Avenue / SE Rasmussen Boulevard. (4) Prior to exceeding 790 PM peak hour trips, construct a 100-foot long eastbound to southbound right turn lane at the intersection of SR 503 / NE 199th Street. It is the applicant's responsibility to receive all applicable City, County, and/or State approvals prior to construction of each mitigation measure.

The applicant is showing cross-circulation streets on the preliminary plat. BGMC 12.116.200 contains the City's cross-circulation requirements, which require connections every 500-feet. The proposed plat is approximately 3700-feet deep and approximately 1300-feet wide. Based on these dimensions the proposed plat would have to provide, at a minimum, a total of six east-west cross-circulation


streets and two north-south cross-circulation streets. The Clark County railroad runs along the western property line. The County has stated that they will only allow one crossing. This will be done with SE Rasmussen Boulevard. On the north there will be one connection with SE Commerce Avenue. Previously approved plats and wetlands prevent any further connections. The site narrows at the south and only one cross-circulation street would be required, which the applicant has provided with SE Commerce Avenue. On the east side the applicant is providing two cross-circulation streets, one with SE Rasmussen Boulevard and one halfway down the property. Because of the type of zoning to the east and the classification of SE Commerce Avenue the City only wants these two connection points. The street runs along the property line and therefore would not prevent further future connections if approved by the City. Therefore, engineering staff has determined that applicant will provide all necessary cross-circulation opportunities.

It appears that there are walls or monuments on both corners of SE 5th Street where it intersects with SE Commerce Avenue. BGMC 12.116.220.B requires that either there be no objects in the vision clearance triangle or that the object be no higher than 42-inches. The applicant shall, if applicable, indicate any walls or monuments on the engineering plans that meet these requirements. This applies to all corners throughout the project.

The preliminary plat complies with all other criteria listed in BGMC 12.116. The final engineering plans and final plat shall comply with these criteria at the time of approval or recording.

It should be noted that final engineering plans pertaining to transportation for the proposed project shall be submitted for staff review and approval prior to final plat approval and construction. Final engineering plans shall be prepared and stamped by a professional engineer registered in the State of Washington.

2. Title 13 Water and Sewers


BGMC 13.110 (Water Service) and BGMC 13.112 (Water Use Regulations): Potable water will be required for this project. The City of Battle Ground is the public water purveyor for properties within the city limits.

The applicant has on the submitted preliminary utility plan indicated water main lines running throughout the subdivision. The applicant shall provide on the final engineering plans service connections for each individual lot. This will meet BGMC 13.110.010, which requires that each residence have a separate service connection. All mainline extensions not located in public right-of-way will require 20-foot wide water easements. The final engineering drawings shall represent this requirement.

The preliminary plat complies with all other criteria listed in BGMC 13.110 and 13.112. The final engineering plans and final plat shall comply with these criteria at the time of approval or recording.


It should be noted that final engineering plans pertaining to water service for the proposed project shall be submitted for staff review and approval prior to final plat approval and construction. Final engineering plans shall be prepared and stamped by a professional engineer registered in the State of Washington.

BGMC 13.120 (Sewer System): ): Sewer service is required for this project. The City of Battle Ground is the public sanitary sewer purveyor for properties within the City.

The applicant has on the submitted preliminary utility plan indicated sewer main lines running throughout the subdivision. The applicant shall provide on the final engineering plans sewer laterals for each individual lot. This will meet BGMC 13.120.01 O, which requires that each residence have a sewer connection. All mainline extensions not located in public right-of-way will require 20-foot wide sewer easements. The final engineering drawings shall represent this requirement.

BGMC 13.137.120 requires grease interceptors or grease traps for certain types of uses. BGMC 13.137 .180 requires a pretreatment survey for all commercial and industrial users. BGMC 13.137 .280 requires monitoring manholes for all commercial and industrial users. The proposed site plan indicates that some of these uses may be built with this project. During the site plan review process for each phase it will be determined where these will be required.


It should be noted that final engineering plans pertaining to sanitary sewer service for the proposed project shall be submitted for staff review and approval prior to final plat approval and construction. Final engineering plans shall be prepared and stamped by a professional engineer registered in the State of Washington.

3. Title 15 Building and Construction

Findings: The City of Battle Ground has adopted the Uniform Building Code (UBC) and Uniform Fire code (UFC). The applicant is not proposing to build any structures or buildings with this application. It should be noted that construction of any structures will require all appropriate approvals and permits be in place and obtained prior to any construction on site. Failure to do so may result in a stop work order and possible fines.

The applicant should note that the State of Washington has adopted the International Building Code and International Fire Code (IFC) to replace the current UBC and UFC. Adoption of the International Building Code by the City of Battle Ground is expected in June of 2004. Any building permit applications will be subject to the code in effect at the time of complete application.

BGMC 15.105 (FIRE HYDRANT REQUIREMENTS) The installation of fire protection measures will be required for this project. The installation of one or more hydrants will be required for this project to be installed in

Commerce Parkway PUD Staff Report (SUB: 06-03 I PUD: 02-03) Page 7

numbers and locations approved by the City. Any applicable requirements identified by the City should be met prior to final plat approval. It is the applicant's responsibility to directly coordinate with the City regarding the installation of fire protection measures. Fire hydrants shall have a maximum lateral spacing of 300 feet. Installation of these measures must occur prior to final plat approval or final site plan approval. In addition, six-foot clear spaces should be maintained around the circumferences of all required fire hydrants.

Fire flow requires will vary based on the future uses and size of buildings within the industrial portion of the project. The required fire flow amount will be determined during future approvals and evidence of such flow must be submitted to the Planning Director prior to on-site construction. All other applicable requirements of Chapter 15.105 shall be met.

Conclusions: As conditioned, this section can be met.

4. Title 16 Subdivisions The purposes of this title are to regulate the dividing of land and to promote the public safety and general welfare in accordance with standards established by the state and city to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote the effective and efficient use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate the adequate provision for water, sewerage, parks and recreation areas, sites for schools and school grounds and other public requirements; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and the comprehensive plan as adopted under the Growth Management Act; to adequately provide for the housing and commercial needs of the citizens of the city of Battle Ground; and to require uniform monumenting of land subdivisions and conveyances by accurate legal description.

BGMC 16.115: (PRELIMINARY PLATS)

Findings: The applicant is proposing to subdivide the residential singlefamily portion of the site into 63 lots. All other lots are proposed to be created through exempt segregations because they are greater than 5 acres in size and are exempt from platting. Any lots that are less than five acres in size require short plat or subdivison review and approval. A condition to this effect is warranted. This section is limited to analysing the proposed residential plat for Phase I only.

Battle Ground Municiple Code section 16.115.050.C lists the applicable approval criteria for subdivisions. They are as follows:

• The proposed subdivision is in conformance with the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city council: As conditioned herein, the proposed subdivision does meet the general provisions as listed in the Battle Ground Comprehensve Plan by conforming to zoning regulations and goals specifed in the plan.


• Whether appropriate provisions have been made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds: As conditioned in the appropriate sections in this staff report, the proposed subdivision can meet the criteria listed in BGMC 16.115.050.C.1.b. Appropriate provisions for public health, safety, and general welfare can be met with the addition of new sidewalks, pedistrian trails, and the development of single family attached and detached residential units. Open spaces have been provided for through stormwater features and on or off-site parks. As conditioned in title 12 in this staff report, the streets, curb, gutter, and sidewalks can meet the requirements specified in the BGMC. Potable water and public sewer will be provided from the City of Battle Ground, and as conditioned in title 13 of this staff report can meet the minimum requirements. Lastly, schools will be provided for through impact fees which are assessed at the time of building permit issuance.

• Whether capital facilities to be provided by the city can be provided concurrently with the expected development such as streets, potable water and sanitary sewers in accordance with the transportation element and the capital facilities element of the comprehensive plan: As conditioned in title sections 12, 13, and 16.130 in this staff report, all capital facilites can be met for the proposed subdivision.

• Whether sidewalks and other planning features assure safe walking conditions for people who use them: As conditioned in title section 12 in this staff report, the sidewalks provided will meet the minimum safety standards and provide adequate service for those who use them. Sidewalks will be provided on Rasmussen Blvd to connect with existing sidewalks to the west.

• Whether the public interest will be served by the subdivision and dedication: The publics' interest will be served by this development by providing jobs during construction, housing for the community, new and improved public streets, curbs, gutters and sidewalks.

• The physical characteristics of the proposed subdivision and the possibility of flood, inundation or wetland conditions which are grounds for disapproval: There are no physical characteristics of the site which would prevent appropriate development of the site.

• Any information provided as a result of compliance with the State Environmental Protection Act: The City issued a SEPA MDNS for the project.

Conclusion: As conditioned, this section can be met.

BGMC 16.115.060: (VALIDITY AND EXTENSIONS)

Findings: Preliminary plat approvals shall be valid for a period of five years from the date of the notice of final decision issued pursuant to

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Section 17.200.130. The provisions listed in this section will need to be followed to extend an approved plat period beyond the five years listed.


BGMC 16.120: (FINAL PLATS)

Findings: Prior to final plat approval, the applicant shall submit the required materials and items as listed in BGMC 16.120. The final plat will be conditioned within this staff report, and shall conform accordingly.


BGMC 16.125: (DESIGN REQUIREMENTS)

Findings: As conditioned , the proposed project can conform the general requirements of the Comprehensive Plan as required in BGMC 16.125.010.

As mentioned previously, the conditioned project can conform to the requirements of this section including protection of topographical hazards, continuation of existing streets, street jogs, and general street design requirements except as noted below.

Section 16.125.070 requires that the proposed lots contain the minimum frontage on a public or private street as required by the zoning code and limits direct vehicular access to designated arterials. The subject proposed is located in the ML zoning district which requires a minimum lot frontage of 30 feet. All of the lots meet the minimum frontage except Lots 7, 17, 19, 20, 21, 38, and 39. Because the applicant is proposing this project through a PUD the smaller frontage is allowed.

Lots 1-7, 40-41 , 44-45, 48-49, 51-56, and 59-60 contain frontage on Commerce Avenue and Rasmussen Blvd which are designated as Major Collector arterials where no direct vehicular access is permitted from individiual lots. A note or easement on the plat prohibiting such access should be required and is included as a proposed condition.

Section 16.125.090 requires that the proposed lots meet the minimum area and width requirements of Title 17. Lots within the ML district are required to be a minimum of 21,780 square feet. All of the proposed lots are less than the required lot size. The applicant is proposing to utilize the PUD standards to allow a smaller lot size. Compliance with the PUD requirements is discussed below.

The applicant is proposing a total of 21 of double frontage lots with frontage on Rasmussen and the internal private roads and on Commerce Parkway and the internal access roads contray to the standards of BGMC 16.125.100. The applicant is requesting a modification to the standads under BGMC 16.135. The applicants narrative indicates that the double frontage lots will not technically violate the code because one of the frontages is a private road, but the applicant has provided justification on


the proposed amendment. BGMC 16.125.100 is the code section that limits double frontage lots as follows:

16.125.100 Double and reverse frontage lots. Double frontage lots and reverse frontage lots are prohibited, except

where essential to provide separation of residential development from railways, natural resources or commercial and industrial activities. This standard is intended to provide building orientation to streets and avoid fencing along street yards. When double- or reverse-frontage lots are developed, fencing along street yards shall either be set back behind a parkway which is located between the street and property line, or shall be buffered with landscape plantings. Landscape plantings shall include a combination of trees and evergreen shrubs which, upon maturity, adequately screen the fencing. A landscape plan shall be required, in compliance with this section, for all double- and reverse-frontage lots. All required plantings and irrigation, as required, shall be installed prior to occupancy of the structures they are providing screening for. Alleyaccess lots are permitted by this code, and do not constitute "doublefrontage" or "reverse-frontage" lots.

The ordinance does not contain a definiton of "double frontage" lots or frontage that would exclude private roads from constituing a right of way for determining whether a lot is double frontage. The applicant indicates that the proposed development will not result in fencing along street yards or a "fenced canyon". The applicant proposes to restrict the placement of fences between the street and the front of the house. A landscaping plan was also provided. Staff generally supports the modification with additional conditions. The applicable approval criteria from BGMC 16.135 along with staff's response is noted below

a. The city engineer certifies that the modification is consistent with sound engineering principles and it will be safe, practical and efficient.

The proposed modification is not to engineering standards. Therefore this section is not applicable.

b. There will be no significant adverse impact to neighboring property nor the general public as a result of the modification.

The proposed conditions to address the issue of fenced canyons and houses fronting on the street will address the intent of this design standard and assure the greater public will not be impacted. Additional conditions should be required to insure that appropriate architectural details be provided on the facades of the houses facing Commerce and Rasmussen to assure that they look like the fa9ade of a typical single family residence including such things as swinging doors, porches, windows and pathways to the public sidewalks.

c. There are topographical or physical conditions such as steep slopes, wetlands, water area structures, streets, utilities, lot patterns, street patterns or other conditions that justify departure from strict adherence to the standard to be modified.


The lot pattern when combined with the need to extend existing or appoved streets through the project limits the area to be developed. These features justify departure from the strict adherence to the standards.

d. The modification is not contrary to the purpose section of this title or to any policy or provision of the Battle Ground Comprehensive Plan, the applicable zoning code or applicable sewer, water, storm drainage or transportation plans.

The conditions related to fencing, landscaping and house design will insure that the proposed project is consistent with the intent of 16.125.100.

Lots will have proper access off of public rights of way, and as proposed will employ proper lot line angles. The minimum lot sizes and widths have been met with this proposal as modified by the PUD. Pursuant to Section 17 .125.070 no lot facing Commerce Avenue or Rasmussen Boulevard shall be permitted direct access. A condition to this effect is warranted.


BGMC 16.130 (Required Improvements And Dedications): The applicant makes no mention of utility lines. BGMC 16.130.010 requires that all utility lines be installed underground. A condition should be established to require that all utilities be installed underground and that a note on the face of the plat be provided stating that all public and private utilities serving the development should be underground.

The applicant has provided a preliminary utility plan. BGMC 16.130.030 requires that water and sanitary sewer service within or along the frontage of a development shall be extended to the extreme property lines of the development unless the applicant demonstrates to the decision body that such extension is undesirable, impractical or unfeasible. The Battle Ground Engineering Department has determined that the extension of water and sanitary sewer service within or along the frontage of a development to the extreme property lines of the development is desirable, practical and feasible and shall be required. BGMC 16.130.030, along with BGMC 13.110 and 13.120 requires water and sanitary service throughout the subdivision. The applicant shall submit engineering plans meeting the following conditions:

• All water lines throughout the subdivision shall be a minimum of 8-inches in diameter and extend to the extreme property lines of the subdivision. The size of the water line running in SE Commerce Avenue south of SE Rasmussen Boulevard will be determined by the applicant's engineer and confirmed by City engineering staff. If it is determined that it needs to be larger than 8-inches the upsizing will not be creditable. • A 16-inch main line, identified in the City's Water Master Plan, within SE Commerce Avenue from the north property line to the existing SE Commerce Avenue connection including through SE Rasmussen Boulevard between SE Commerce Avenue north of SE Rasmussen Boulevard and SE Commerce Avenue south of SE Rasmussen Boulevard from the intersection with SE Commerce Avenue to the east property line shall be constructed. A 12-inch


stub to the east property line in SE Rasmussen Boulevard shall be provided. Credit opportunity may be available for constructing this 16-inch water line. The credit would be for the difference in cost for upsizing from the line that would have been needed to serve the site. • The main lines running throughout the site shall connect to both the existing stub at the northern terminus of the existing SE Commerce Avenue and in SE Grace Avenue via the SE Rasmussen Boulevard extension. • All sewer lines throughout the subdivision shall be a minimum of 8-inches in diameter and extend to the extreme property lines of the subdivision. • The 15-inch T5-1 line and 10-inch T5-2 line, identified in the City's Sewer Master Plan, are required to be built with this subdivision to provide sanitary service to the site. Credit opportunity may be available for constructing these lines. The credit would be for the cost of constructing these lines. • The City of Battle Ground Sewer Master Plan also indicates potential capacity problems for Pump Station 1 with the addition of development within the East sub area. The applicant will need to provide a capacity analysis, prepared by a registered engineer in the State of Washington, of Battle Ground Sewer Lift Station No. 1 and upgrade, per the General Sewer Plan / City Engineer, if necessary • Phases VII through IX lie in a different basin than the rest of the phases. These buildings shall tie into the existing system in SE Commerce Avenue that ties into the Industrial Lift Station.

The applicant has not provided any preliminary street lighting plan. Per BGMC 16.130.035 engineering plans shall be prepared by a licensed electrical engineer or Clark Public Utilities and shall show the necessary minimum lighting levels. A street lighting shall be included with the engineering plans to be approved by the city.

The applicant makes no mention of permanent control monuments. BGMC 16.130.040 requires permanent control monuments to be installed at controlling corners of the land being subdivided. A condition to this effect is warranted and should be provided.

The applicant has provided on the preliminary plat roads, which will be dedicated to the city. BGMC 12.116.060 requires this dedication, which will be satisfied with the dedication of the final plat. On-site roads shall be consistent with standards found in BGMC 12.116.040.


It should be noted that final engineering plans pertaining to transportation, sewer, water, and street lighting for the proposed project shall be submitted for staff review and approval prior to final plat approval. Final engineering plans shall be prepared and stamped by a professional engineer registered in the State of Washington.


BGMC 16.135 (Modifications, Amendments and Legal Provisions): The applicant has requested a number of modifications to the design standards. These modification requests are discussed in the section of the code to be modified.

6. Title 17 Zoning

a. 17.101 GENERAL PROVISIONS Site design and improvements shall be reviewed for consistency with applicable standards as prescribed by established procedures and timelines. The classification and vesting of an application, review timelines and appeal procedure shall comply with the provisions of Title 17.

b. 17 .116 District: Non-Residential

17.116-1 Uses

Finding: The subject site is located within the Light Industrial District (ML). The applicant is proposing a combination of residential, commercial and industrial uses on the subject site. Specific commercial and industrial uses have not been identified at this time.

Residential uses are not allowed within the ML zoning district. The proposed project is a Planned Unit Development and may allow uses not permitted within the base district. BGMC 17.158.060 allows a PUD to contain a mix of uses provided that 75% of the uses are allowed in the base zone. Compliance with the PUD provisions is discussed later in this report.

The applicant has not indicated specific uses of the non-residential portion of the PUD. All future uses shall comply with the permitted uses of the ML district. Compliance will be indicated at subsequent site plan or other development approvals for the project.


17 .116.030 Dimensional Standards

Finding: Table 17 .116-2 contains the specific dimensional standards for the ML zoning district. The application has provided a conceptual plan for the proposed development. All future site plan reviews or other subsequent development approval shall indicate compliance with the dimensional standards in Table 17.116-2 unless modified by the Planned Unit Development. A condition of approval to this affect is warranted.

As permitted by the PUD process, the applicant has proposed a set of alternative dimensional standards for Phase I, II and Ill.


17 .1 16.050 Industrial development standards

Finding: Section 17.116.050 contains the design standard for development in the ML zoning district. Compliance with these standards shall be determined during implementing development review approvals. A condition of approval to this affect is warranted.



h. 17.128 PARKS AND OPEN SPACE

Finding: The subject parcel meets the criteria listed in BGMC 17.128.010.B, and therefore shall be subject to the provisions of this section. BGMC 17.128.030 specifies how the need to provide park space is determined. The subject site is within Neighborhood Park Service Area #14. This NPSA calls for a neighborhood park of 3 to 5 acres in size. A portion of the parks need for this neighborhood has been satisfied by dedications or proposed dedications within existing or preliminarily approved developments, which provided 2.65 acres of parkland. An additional acre needs to be dedicated to meet the standards of the parks plan. Therefore, the proposed development will need to dedicate or develop parks consistent with BGMC 17 .128.040. The applicant is proposing a combination of on and off-site parks to meet this requirement. The adopted development agreement allows for such off-site dedication and is therefore permitted.

The proposed plat contains a park area of 10,385 sq. ft. A minimum of 33,175 sq . ft. shall be provided on or off site. Section 17.128.040(A)(2)(a)(i) requires that the proposed park space be fronted by a public road for at least 50% of its perimeter of if this is not feasible have a pedestrian pathway provide for free access to the site. The proposed park area only has approximately 25% of the site abutting a public road. The proposed park area shall be revised to reflect the 50% standard or a pedestrian access be provided to the east.

Section 17.128.040(A)(2)(a)(ii) requires that all parks have at least fifty percent of their area improved so that it is actively useable via pedestrian trails, playgrounds or fields, fitness equipment, picnic areas or other amenities approved by the director or examiner. The proposed plan indicates a gazebo, grass lawn, pedestrian path and landscaping over the site. The Comprehensive Plans plan indcates that a neighborhood park is needed in this area and neighborhood parks are desigend for the ages between 5 and 12 and include landscaping, irrigation, playfields, pedestrian paths and trails, picnic tables, play equipment and sport courts. The proposed improvements include some activities but they are not consistent with typical neighborhood parks. The parks plan shall include these categories of improvements or the off-site park mitigation shall include such typical neighborhood park amenities.

Conclusion: As conditioned, the proposed development complies with this chapter.

j. 17.131 AESTHETICS, BUFFERS, COMPATIBILITY AND LANDSCAPING STANDARDS LANDSCAPING AND OPEN STORAGE

Finding: Any future outdoor storage and display on lots within the proposed subdivision should conform to the standards of BGMC 17.131.020.

Any future loading bays or berths shall comply with the location and screening provisions of BGMC 17.131 .030

Any future mechanical equipment installed on lots within the proposed subdivision should conform to the standards of BGMC 17.131 .040.

Any required landscaping installed by the applicant for the proposed subdivision should conform to the maintenance requirements of BGMC 17.131.070.


BGMC 17.131.080 requires that all new development provide landscape buffers pursuant to Table 17.131-1. This table requires that developments zoned ML shall landscape at least 10% of the site, provide a 20 feet wide B3 buffer when adjacent to property zoned R1-7.5 and provide a front landscaped buffer of 10 feet. The B3 landscape buffer is required on the north property line. The submitted landscape plan did include landscaping along this property line but it is not 20 feet in width and does not contain adequate plantings or a fence to meet the standard. The narrative indicates a 5' B3 Buffer will be provided. The PUD provisions generally require that the project meet the landscaping standards of the zoning district in which they are located. Because the proposed project is mixed use and the land use proposed is the same as that permitted in the adjacent zoning district, a departure from the landscape standards can be supported. The 1 O' B2 buffer is adequate to buffer the proposed use from the single-family zoning to the north. A condition of approval requiring the buffer is warranted. Appropriate provisions shall be made to guarantee the retention of the buffer if it is not located in a separate tract. A landscaping plan meeting the requirements of 17.143.050(8}(8} should be submitted for review and approval prior to final plat approval.


e. 17.133 PARKING AND LOADING

Finding: The applicant did not specifically identify the prov1s1on of parking for proposed residential uses. For Phase I, at the time of building permit issuance, each residential lot shall conform to the minimum parking requirements by providing (2) off-street parking spaces for each single-family residence specified in Table 17 .133-1 . A condition of approval to this effect is warranted and will be provided.

All other phases in the PUD shall comply with the appropriate provisions of Chapter 17.133 to be determined during subsequent development approvals.


f. 17.135 SUPPLEMENTARY REGULATIONS

Finding: The applicant proposes that some of the proposed lots be used for townhouses with each unit on an individual lot of record. The application complies with the requirements of 17 .135.140 The applicant or other successors in interest of the property should as applicable comply with the other provisions of this chapter of the code for uses including but not limited to fences and hedges, home occupations, and accessory apartments. A condition of approval to this effect is warranted and should be provided.


g. 17.139 SIGNS

Finding: No signs are proposed at this time. However, prior to installation of any future signs, all appropriate permits and approvals must be obtained.



h. 17.143 Site Plan Review

Finding:

BGMC 17.143.060.C specifies that while it is not necessary to indicate in this section all of the criteria on which the Planning Director shall make his decision on whether the proposed plan meets all applicable provisions of this Title and other applicable provisions of the Battle Ground Municipal Code, there are certain minimum requirements under which a plan must be consistent. It further notes that failure to meet any of these requirements and other requirements that are not necessarily specified by this section of the code shall be grounds for denial of site plan approval. These criteria are:

1. The proposed use is permitted within the district in which it is located.

2. That the proposal meets the lot, yard, building height and other dimensional requirements as set forth in BGMC 17.131 .

3. The proposal meets the screening, buffering and landscape strip requirements as set forth in BGMC 17.131.

4. Minimum parking and loading space requirements are met as required by BGMC 17.133.

5. The proposal meets the supplementary use provisions and non-conforming provisions of this title.

6. All applicable conditions and criteria contained in other Titles of the Battle Ground Municipal Code are met.

7. Improvement requirements are provided in accordance with the applicable sections of the Battle Ground Municipal Code.

8. All conditions of any applicable previous approvals (i.e. CUP, PUD) have been met.

City planning and engineering staff has conducted comprehensive reviews of the submitted site plan and other submitted information. Regarding Item No. 1, the proposed uses are permitted in the ML zoning district through the Planned Unit Development provisions. Regarding Items Nos. 2-8, the applicant has provided a conceptual site plan for the Phases 11 through IX. Development within these phases will require individual site plan review approval processes. A condition to this affect is warranted.


i. 17.158 PLANNED UNIT DEVELOPMENT


Finding: Battle Ground Municipal Code section 17.158.040 lists the approval criteria for Planned Unit Developments. In approving a PUD, the hearing examiner shall find that all of the following conditions exist. The proposed PUD:

A. Cannot be achieved pursuant to any other development regulation contained in the Battle Ground Municipal Code; and

B. Is necessary or desirable due to physical site constraints such as severe topography or protected water courses; or

C. The proposed PUD incorporates a unique development design which furthers the specific policies of the comprehensive plan or provides a public amenity that would otherwise be provided by the governing agency; or

D. The proposed PUD incorporates design elements that assure protection of or compatibility with existing, adjacent established neighborhoods; or

E. The proposed PUD is consistent with the adopted comprehensive plan.

The applicant is seeking PUD approval to allow a mix of uses including singlefamily detached structures within a zone where they are considered a prohibited use. The projects incorporation of single-family residences addresses potential incompatibilities between new industrial developments to the south and approved single-family developments to the north.

Additionally, the PUD is consistent with the adopted comprehensive plan polices below. Therefore, the proposed PUD does meet the criteria listed above.

Goal 2 To guide new development so as to protect, enhance, and respect sensitive and natural constraints

Goal 3 To provide adequate opportunity for the development of a variety of housing types and price ranges that can accommodate the diverse resources of all economic segments of the community.

BGMC 17 .158.060 allows PUDs to contain a mixture of uses provided at least 75% of the uses comprise the base zone. In this case the applicant is proposing to include single family and multi-family uses in Phases I, II and Ill. The plan provides for non-industrial uses on 18.35 acres or approximately 24% of the 75.69 acres, therefore complying with this section. The applicant proposes the following uses on the various phases:

Phase Allowed Uses Maximum Square Feet or

I Single-Family detached and attached residential uses

II Single-Family detached and attached residential uses / or Multi-family structures

111 Single-Family detached and attached residential uses / or Multi-familv structures

IV Office I Retail V Office I Industrial

VI Manufacturina /Warehouse VII Office I Industrial VIII Office I Industrial


Units 63 units

96 units

116 units

50,000 SQ. ft. 127,248 sq. ft.

471,920 SQ . ft. 20,000 sa. ft. 54,175 SQ . ft.

11x ! Industrial I 6,000 s9. ft.

A condition of approval limiting the development to be consistent with the table is warranted

The application provides for a number of different dimensional standards to apply to the project. BGMC 17.158.070 specifies that a PUD is not subject to the dimensional standards of the underlying zoning district. The applicant proposes different dimensional standards for the residential portions of the project than what is provided for in the ML zoning district. For Phase I the applicant proposes using the R1-6 zone with modifications. For Phase II and Ill the applicant proposes either the R1-6 with modifications for single-family or a modified AR-22 standard for multifamily. The remaining phases will comply with the ML standards with a number of exceptions. The following table outlines the proposed standards.

R1-6 AR-22 ML Minimum Lot Area 2,600 sf 2,000 sf 21 ,780sf Maximum Density 7.3 units per acre 22 units per acre N/A Minimum Lot 18 feet 20 30' Frontaae Front Yard Setback 10' 10' 20' Garaae Setback 20' 20 N/A Side Yard 5' or o· for 5' 0

attached units Street Side Yard 10' 10' 20' Rear Yard 5' 10' O' or 10' next to

railroad right-of-wav.

Minimum Distance 10' 10' O' Between Principal Buildinas Maximum Lot 50% 80% N/A Coveraae Maximum Heiaht 35' 45' 45' Front Yard N/A 10' See 17.131 Landscape Strip Side yard landscape N/A 5' See 17.131 Strip Minimum landscape N/A 20' N/A (See 17.131) open space

All future development shall comply with the dimensional standards outlined above. A condition of approval should be established to this effect.

The applicant is also proposing a 1 O' landscape strip along the south, east and west property lines. This is acceptable and should be established as a condition of approval.

Prior to the construction of Phases II through IX the applicant shall receive appropriate subsequent development approvals for the individual phases consisting of subdivision or site plan approval for phases II and Ill and site plan


approval for phases IV through IX. A condition of approval to this affect is warranted.


9. Title 18 Environmental Protection and SEPA Title 18 of the Battle Ground Municipal Code establishes procedures and policies for implementing the State Environmental Policy Act. In order to be approved, the proposal must meet the requirements of Title 18, SEPA Procedures and Provisions.

BGMC 18.115: {CATEGORICAL EXEMTIONS AND THRESHOLD DETERMINATIONS)

Findings: The applicant submitted a SEPA checklist with the project application. A Mitigated Determination of Non significance was issued on April 14, 2004. The following measure(s) were adopted based on the specific policies of Chapter 17.143.010 and BGMC 9.42.010C

1. Prior to issuance of any building permits, construct Rasmussen Boulevard, including the railroad crossing, from the applicant's east property line to Grace Avenue, and Commerce Avenue north of Rasmussen Boulevard , as depicted on the master PUD plan. All applicable City and County approvals must be received before implementation. Provide safe access to the site from SE Grace Avenue via SE Rasmussen Boulevard.


3. Prior to issuance of any building permits, construct a 125-foot long eastbound to northbound left turn lane at the intersection of SE Commerce Avenue / NE 199th Street. All applicable City and County approvals must be received before implementation. Mitigate for a level of service deficiency at SR 503 / NE 199th Street.

4. Prior to exceeding 790 PM peak hour trips, construct a 100-foot long eastbound to southbound right turn lane at the intersection of SR 503 / NE 199th Street. All applicable City, County, and State approvals must be received before implementation.

Conclusions: As condition this section has been satisfied.

BGMC 18.200: (WETLANDS PROTECTION)

Findings: The applicant, per the requirements of this section, has submitted a determination from the US Army Corps of Engineers that the site has Prior Converted Cropland status and thus any wetlands on site are not subject to regulation.



BGMC 18.250 (Stormwater Control and Drainage): BGMC 18.250.020 specifies when stormwater control and drainage provisions are applicable. Specifically, it identifies the following development activities as requiring stormwater control and drainage per applicable standards specified in BGMC 18.250:

The creation of more than two thousand five hundred square feet of impervious surface or the division of single-family residential land creating the reasonable potential for more than two thousand five hundred square feet of additional impervious surface, except residential short plats creating less than two thousand five hundred square feet of new impervious surface at the time of platting shall submit a final stormwater plan for conveyance and disposal.

The applicant is proposing residential, commercial, and industrial lots and associated right-of-way, which far exceeds this threshold and therefore requires stormwater control and drainage per applicable standards specified in BGMC 18.250. The applicant shall submit engineering plans and a hydrology report that address the following:

• Submit a final drainage design that addresses the 2, 1 O and 100-year design storm in compliance with BGMC 18.250.

• Identify the provision of a 6-foot high black vinyl coated chain link fence around the perimeter of the stormwater facility per BGMC 18.250.350.

• Perform a downstream analysis that analyzes the impacts of stormwater runoff from the proposed development to the Railroad Basin.

If the storm facility is to be public, the applicant is, per BGMC 18.250.310, required that in order to insure satisfactory operation of new stormwater facilities to maintain it for two years after completion of the project. Prior to final City acceptance of the stormwater facility the applicant shall submit a two-year maintenance contract for the required stormwater facility for review and approval. As a condition of final plat approval this two-year agreement shall be recorded with the final plat.

Should during the engineering review process it be determined that the storm facilities will be private BGMC 18.250.320.E requires that for privately maintained stormwater facilities that an easement or covenant acceptable to the City Engineer be provided for the purposes of inspection of privately maintained facilities. The applicant will be required, prior to the issuance of the occupancy permit, to submit a recorded covenant running with the land for the project site for the purpose of City inspection of the privately maintained facilities.

Further, BGMC 18.250.320.E.1-3 specifies the minimum dimensions of easements for stormwater facilities. These dimensional standards are:

1. Sufficient width around a treatment or storage pond to encompass the pond plus the additional area for equipment access.

2. Pond design and easements shall allow access to all areas within the pond by standard maintenance equipment.


3. Widths of easements for conveyance facilities shall be as detailed in BGMC 18.250.230.L.

The applicant is required to provide erosion control as determined through the engineering review process. The applicant shall submit engineering plans showing grading and erosion control that will occur on site. The plans will provide for erosion control around delineated wetland boundaries, if applicable, which shall be flagged prior to construction.

BGMC 18.250.160 requires oil/ water separators for certain types of uses. The proposed site plan indicates that some of these uses may be built with this project. During the site plan review process for each phase it will be determined where the separators will be required. Oil/ water separators shall be designed in accordance with Chapter Il l, Section 111-7 of the Puget Sound Manual.


It should be noted that final engineering plans for stormwater control and drainage, grading, and erosion control shall be submitted for staff review and approval prior to building permit issuance. Final engineering plans shall be prepared and stamped by a professional engineer registered in the State of Washington.

9. Other


The applicant is required to submit a construction cost estimate for required public improvements for review and approval by the City Engineering Department to be used to determine the engineering review and inspection fee as required by the City of Battle Ground Fee Schedule and to determine bonding as required per BGMC 16.120.050.2&3.

The applicant is required to pay, following the City Engineer's acceptance and approval of the construction cost estimate, an engineering plan review and construction inspection fee, which is two percent of the estimated costs of construction as required by the City of Battle Ground Fee Schedule.

The applicant is required to conduct a pre-construction conference with City engineering and planning staff prior to construction.

The applicant is required to submit complete sets, per BGMC 12.116.100 and BGMC 18.250.120, of as-built drawings for all required public improvements for streets and roads, stormwater drainage and control, sanitary sewer service and water services, as applicable prior to the issuance of building permits for review and approval by the Engineering Department. Upon acceptance by the Engineering Department, submit prior to the issuance of building permits, one (1) Mylar set, one (1) full size paper set, one (1)


11x17 paper set of As-Built record drawings, and one (1) 3.5-inch disk (s) or compact disc version of the as-built drawings in an AutoCAD Release 14 or greater and as TIF images.

The City Council and the applicant entered into a development agreement on the subject property. The proposed development must be consistent with the agreement. Staff has reviewed the development agreement and determined that the proposed PUD and preliminary plat is consistent with the applicable provisions. All future development approvals shall be consistent with this agreement.

C. AGENCY/PUBLIC COMMENTS

1. September 30th, 2003 NOA comment letter from Dan and Hermi Gerges. 2. October 3rd, 2003 NOA comment letter from Battle Ground School District. 3. April 291h, 2004 SEPA comment letter from the Office of Archaeology and Historic

Preservation. 4. April 29th, 2004 SEPA comment letter from The Washington State Department of

Ecology.

D. REVISED CODE OF WASHINGTON (RCW)


RCW 58.17 .110 states that a proposed subdivision and dedication shall not be approved unless the city legislative body makes written findings that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school.

Open Spaces: The applicant will dedicate on and off-site park area and will maintain a significant portion of the site as open space within stormwater areas. Thus, provisions have been made for open spaces.

Drainage Ways: The applicant has provided information that shows that the stormwater requirements of BGMC 18.250 can be met.

Streets Or Roads I Alleys I Other Public Ways: As proposed or conditioned all streets will be built to city standards. Provisions for appropriate cross-circulation have been made.

Transit Stops: The applicant is not proposing to add any transit stops. The nearest transit stop is located on east main street, north of the subject site.

Potable Water Supplies: The City of Battle Ground currently has water capacity to provide for the addition of the lots to be built with this subdivision. Water facilities will be constructed by the applicant to provide service directly to the site.


Sanitary Wastes: The City of Battle Ground currently has capacity to provide for the additional demand created by the subdivision of phase I.

Parks And Recreation I Playgrounds: As mentioned previously, the subject site is within NPSA #14 which needs additional parks space to comply with the parks plan. A park will be developed within phase I.

Schools And School Grounds: The applicant will be required to pay school impact fees. The impact fees will be required at the time of building permit issuance.

Sidewalks: Sidewalks will be built along all frontages within the project. The sidewalk will be detached from the curb in order to provide added protection to pedestrians.

D. FEES AND CREDITS


As mentioned in Section 4 the City of Battle Ground Water Master Plan calls for a 16-inch water line in SE Commerce Avenue and SE Rasmussen Boulevard (between the two legs of SE Commerce Avenue). Credit is available for building this line. The credit would be for the difference in cost for upsizing to a 16-inch line from the line necessary to serve the site. The Water Master Plan states that the cost of building an 8-inch line is $32 per linear foot, a 12-inch line is $64 per linear foot, and a 16-inch line is $100 per linear foot. The length and creditable cost will be finalized prior to receiving credits. The applicant shall provide an engineering analysis of the size of the water line needed to serve the site.

As mentioned in Section 4 the City of Battle Ground Sewer Master Plan calls for the T5-1 and T5-2 sewer lines to be built. Credit is available for building these lines. The credit would be for the construction cost and engineering fees. The Sewer Master Plan states that for the T5-1 line $240,000.00 is available and for the T5-2 line $252,000.00 is available. This subdivision will build 100% of the T5-1 line and 85% of the T5-2 line. Therefore $240,000.00 {T5-1) and $214,200.00 (T5-2) of credit is the maximum available for building the main lines.

However, the actual amount credited to the developer will be actual cost to construct the lines, not to exceed $240,000.00 {T5-1 ), and $214,200.00 (T5-2). To receive the credit the applicant or developer will be required to submit a written request for credit to the Planning Director including documentation of the actual construction costs reflecting the increased costs to complete the oversized line (water) or total costs to construct the lines (sewer) after such time that the improvement is built and has been accepted by the City.

All other applicable fees, charges and impact fees shall be paid prior to the issuance of building permits or when otherwise required by the charge. This includes but is not limited to building permits, school, park, fire and transportation impact fees, development review fees , sewer and water connection charges, and stormwater fees.

Ill. RECOMMENDATION


This staff report to the Hearings Examiner is a recommendation from the Planning Director of the City of Battle Ground to approve the subject preliminary plat and planned unit development subject to the Conditions listed below.

The Hearings Examiner, after reviewing the record and accepting public testimony on this matter, may adopt, modify or reject this recommendation in making his or her final decision.

The decision by the examiner in this matter is final. All appeals on this matter shall immediately proceed to Clark County Superior Court.

IV. RECOMMENDED CONDITIONS OF APPROVAL

Planned Unit Development Conditions:

1. All development within the Commerce Parkway Planned Unit Development shall be subject to the following standards.

a. All future uses, density, and square footage shall be substantially consistent with the following Table 1. Phases shall be as depicted on the conceptual site plan.

Table 1 Phase Allowed Uses Maximum Square Applicable Standard

Feet or Units I Single-Family detached 63 units R1-6

and attached residential uses

II Single-Family detached 96 units R1-6 or AR-22 and attached residential uses I or Multi-familv structures

111 Single-Family detached 116 units R1-6 or AR-22 and attached residential uses I or Multi-family structures

IV Office I Retail 50,000 SQ. ft. ML V Office / Industrial 127,248 sq. ft. ML

VI Manufacturing 471,920 sq. ft. ML /Warehouse

VII Office/ Industrial 20,000 SQ. ft. ML VIII Office / Industrial 54,175 sa. ft. ML IX Industrial 6,000 sa. ft. ML

b. Table 2 contains the dimensional standards for the Planned Unit Development. No development application shall be approved unless consistent with Table 2:

Table 2 R1-6

Minimum Lot Area 2,600 sf


AR-22 ML 2,000 sf 21,780 sf

Maximum Density 7.3 units per acre 22 units per acre N/A Minimum Lot 18 feet 20 30' Frontaqe Front Yard Setback 10' 10' 20' Garaae Setback 20' 20 N/A Side Yard 5' or O' for 5' 0

attached units Street Side Yard 10' 10' 20' Rear Yard 5' 10' O' or 10' next to

railroad right-of-way.

Minimum Distance 10' 10' O' Between Principal Buildinas Maximum Lot 50% 80% N/A Coveraae Maximum Heiaht 35' 45' 45' Front Yard N/A 10' See 17.131 Landscape Strip Side yard landscape N/A 5' See 17.131 Strip Minimum landscape N/A 20' N/A(See 17.131) open space

c. No development shall be permitted on site, which is inconsistent with the Planned Unit Development approval.

d. Development of Phases II thorough IX shall not occur until Subdivision or Site Plan review and approval.

e. The design standards of BGMC 17 .116.050 shall apply to phases IV through IX.

f. Prior to building permit issuance for the 62nd unit within Phase I construct the required park within Phase I.

g. Prior to building permit issuance of the 121 st residential unit the applicant shall construct and dedicate additional park area of a sufficient size to provide for a minimum of 1 acre of park space when combined with the park within Phase I. The park shall be located within Neighborhood Park Service Area 14. The park shall contain typical neighborhood park activities. The location and plans for the subject park shall be reviewed and approved by the planning director prior to acceptance. At the city's sole discretion a cash payment may be accepted in lieu of the construction and dedication.

h. Development shall comply with all other applicable section of the Battle Ground Municipal Code. Consistency shall be determined during the subsequent implement development review.

i. A landscape buffer of at least 10 feet in width and landscaped to the B2 standards shall be installed along the projects north boundary.


j. A landscaped buffer of at least 10 feet in width shall be established along the south, east and west property lines.

k. Prior to issuance of any building permits, construct Rasmussen Boulevard, including the railroad crossing, from the applicant's east property line to Grace Avenue, and Commerce Avenue north of Rasmussen Boulevard, as depicted on the master PUD plan. All applicable City and County approvals must be received before implementation. Provide safe access to the site from SE Grace Avenue via SE Rasmussen Boulevard.

I. Prior to exceeding 245 PM peak hour trips, construct a 75-foot long southbound to eastbound left turn lane at the intersection of SE Grace Avenue/ SE Rasmussen Boulevard. All applicable City approvals must be received before implementation. Provide safe access to the site from NE 199th Street via SE Commerce Avenue.

m. Prior to issuance of any building permits, construct a 125-foot long eastbound to northbound left turn lane at the intersection of SE Commerce Avenue/ NE 199th Street. All applicable City and County approvals must be received before implementation. Mitigate for a level of seNice deficiency at SR 503 / NE 199th Street.

n. Prior to exceeding 790 PM peak hour trips, construct a 100-foot long eastbound to southbound right turn lane at the intersection of SR 503 / NE 199th Street. All applicable City, County, and State approvals must be received before implementation.

o. All development within the Planned Unit Development shall be consistent with the Commerce Parkway P.U.D. Development agreement entered into by the City of Battle Ground and Dennis Pavlina.

p. The Planned Unit Development approval shall be valid for a period of ten years with an automatic 5 year extension if at least 129 residential units and 75% of the non-residential square footage is developed.

Prior To Final Plat Approval:

2. Construct all required public improvements and gain engineering acceptance or provide appropriate bonding. [Section A.1, 2, 4, & 6]

3. Submit a final plat:

a. Showing correct street names. [Section A.1]

b. Showing dedication of all streets as public right-of-way, including the existing portion of SE Commerce Avenue or provide a deed of right-of-way for all public streets, except for the internal streets within Phase I. [Section A.1]

c. With a note saying that no curb cuts are allowed on SE Commerce Avenue or SE Rasmussen Boulevard for Phase I. [Section A.1]

Conunerce Parkway PUD Staff Report (SUB: 06-03 / PUD: 02-03) Page 27

d. With the following note: "The City of Battle Ground has no responsibility to improve or maintain the private streets contained within, or private streets providing access to, the property designed in this development." [Section A.1]

e. With a note describing the maintenance responsibilities of each lot owner for the private streets. [Section A.1]

f. Showing compliance with all other requirements listed in BGMC 12.116. [Section A. 1]

g. With the following note: "All utilities are to be located outside of the sidewalk section and to be underground where possible." [Section A.4]

h. That shows where any control monuments have been placed. [Section A.4]

i. That shows the dedication of any public roads or alleys. [Section A.4]

j. Showing compliance with all other requirements listed in BGMC 16.130. [Section A.4]

4. Submit evidence of a contract or homeowner's agreement to maintain right-of-way landscaping where the sidewalk meanders, which will be recorded with the plat. [Section A.1]

5. Submit a private road maintenance agreement for review and/or approval. [Section A.1]

6. Submit water and sewer easements for review and/or approval. [Section A.2]

7. If the storm facility is public, submit a two-year stormwater maintenance contract for review and/or approval. [Section A.6]

8. If the storm facility is private, submit a covenant running with the land for inspection of private on-site stormwater facilities in conformance with the dimensional standard and other requirements specified in BGMC 18.250.320.E.1-3 for review and/or approval. [Section A.6]

9. Submit a completed final plat application and all required materials. [Section 4]

10. Submit a final plat with all lots meeting the dimensional standards of Table 2 applicable above and any other applicable conditions of approval. [Section 5].

11. Submit a revised landscape plan meeting the standards of 17.143.050(8)(8).

Final Plat Notes

12. No fences shall be allowed forward of the front face of the structures on Lots 1-7, 40-41, 44-45, 48-49, 51-56 and 59-60 facing Commerce Avenue or Rasmussen Blvd. Front facades on these lots shall be designed as the front of the residence including typical features such as an inward swinging door, porch, windows, and a pathway from the door to the front sidewalk. For the purposes of this section "front" shall mean the fa9ade of the structure facing Rasmussen Blvd. or Commerce Avenue.

13. All public and private utilities shall be placed underground.

Commerce Parkway PUD Staff Report (SUB: 06-03 / PUD: 02-03) · Page 28

14. No direct vehicular access is permitted to Commerce Avenue or Rasmussen Blvd.

15. A note shall be provided indicating the applicable setbacks and other dimensional standards.

Prior To Engineering Plan Approval:

16. Submit final engineering plans, for review and approval by staff, pertaining to transportation, sewer, water, grading, erosion control, stormwater, driveways, street lighting, parks and landscaping prepared and stamped by a registered engineer in the state of Washington. [Section A.1 , 2, 4, & 6]

17. Submit final engineering plans:

a. Showing correct street names. [Section A.1]

b. Showing adequate half-street improvements for NE 199th Street, with Phase IX, a principal arterial including sidewalk, planter strip, curb and gutter, and a minimum of 25-feet of asphalt. [Section A.1]

c. Showing street right-of-way widths of Primary Industrial (SE Commerce Avenue - south of SE Rasmussen Boulevard and SE Rasmussen Boulevard - SE Grace Avenue to east property line), Neighborhood Collector (SE Commerce Avenue - north of SE Rasmussen Boulevard), and Private 40-feet (SE 5th Way, SE 6th Street, SE 7th Way, SE 14th Place, and SE 15th Avenue). [Section A. 1]

d. Showing the public street signs that will replace the private street signs along SE Commerce Avenue. [Section A.1]

e. Showing SE Commerce Avenue right-of-way abutting the east property line or showing an easement to provide access. [Section A.1]

f. Containing a combined landscaping and driveway plan. [Section A.1]

g. Showing traffic calming measures to be determined through the final engineering review process. [Section A.1]

h. Showing full frontage improvements for SE Rasmussen Boulevard, including railroad crossing, and SE Commerce Avenue, north of SE Rasmussen Boulevard, being built with Phase I. [Section A.1]

i. Showing a 125-foot eastbound to northbound left turn lane at SE Commerce Avenue / NE 199th Street intersection. [Section A.1]

j . Showing any signs or monuments that will sit inside vision clearance triangles meeting clearance requirements. [Section A.1]

k. Showing compliance with all other requirements listed in BGMC 12.116. [Section A.1]

I. Showing each lot having its own individual water service. [Section A.2]


m. Showing 20-foot water easements over all water mainlines not located in public right-of-way. [Section A.2]

n. Showing compliance with all other requirements listed in BGMC 13.110 and BGMC 13.112. [Section A.2]

o. Showing each lot having its own sanitary lateral. [Section A.2]

p. Showing 20-foot sewer easements over all sewer mainlines not located in public right-of-way. [Section A.2]

q. Showing compliance with all other requirements listed in BGMC 13.120. [Section A.2]

r. Showing 8-inch minimum diameter, size to be determined by applicant's engineer in coordination with the City, water lines throughout the subdivision, extending to the extreme property lines, and connecting to lines in SE Commerce Avenue and SE Grace Avenue. [Section A.4]

s. Showing a 16-inch water line in SE Commerce Avenue and SE Rasmussen Boulevard, between the SE Commerce Avenue legs, and a 12-inch stub to the east property line in SE Rasmussen Boulevard. [Section A.4]

t. Showing 8-inch minimum diameter sewer lines throughout the subdivision, extending to the extreme property lines, and connecting to the T5-1 and T5-2 line to be built with the project. [Section A.4]

u. Showing the T5-1 and T5-2 sewer lines in locations similar to that of the Sewer Master Plan or show that any adjustments still meet the intent of the plan. [Section A.4]

v. Containing a street lighting plan. [Section A.4]

w. Showing compliance with all other requirements listed in BGMC 16.130. [Section A.4]

x. Showing a stormwater facility, which meets the requirements of BGMC 18.250. [Section A.6]

y. Showing Phases VII through IX being connected to the existing sanitary system in SE Commerce Avenue. [Section A.4]

z. Showing a 6-foot high black vinyl fence around the perimeter of the stormwater facility. [Section A.6]

aa. Showing grading and erosion control to be undertaken on site in conformance with applicable city standards and standard construction details. [Section A.6]

bb. Showing park improvements consistent with neighborhood parks standards. [Section 5]

cc. Showing a revised parks area that contains frontage on a public street for at least 50% of the site or including a pedestrian connection from the park to the easterly access road. [Section 5]


dd. Showing compliance with all other requirements listed in BGMC 18.250. [Section A.6]

17. Submit a capacity analysis, prepared by a registered engineer in the State of Washington, of Battle Ground Sewer Lift Station No. 1 and upgrade, per the General Sewer Plan/ City Engineer, if necessary. [Section A.4]

18. Submit a hydrology report that addresses all requirements found in BGMC 18.250 especially the 2, 10, and 100-year design storms and a downstream analysis of the stormwater impacts in the Railroad Basin from the proposed project. [Section A.6]

19. Submit a construction cost estimate for required public improvements for review and approval by the City Engineering Department. [Section D]

20. Following the City Engineer's acceptance and approval of the construction cost estimate, pay the required engineering plan review and construction inspection fee which is twopercent of the estimated costs of construction. [Section D]

Prior To Engineering Acceptance:

21. Construct all public improvement and go on a walkthrough with City of Battle Ground Engineering Staff and complete any deficiencies as determined by city staff. [Section A 1, 2, 4, & 6]

22. Submit complete sets of as-built drawings for all required public improvements for streets and roads, stormwater drainage and control, sanitary sewer service and water services, as applicable prior to the issuance of building permits for review and approval by the Engineering Department. Upon acceptance by the Engineering Department, submit prior to the issuance of building permits, one (1) Mylar set, one (1) full size paper sets, one ( 1) 11x17 paper set of As-Built record drawings, and one ( 1) 3.5-inch disk ( s) or compact disc version of the as-built drawings in an AutoCAD Release 14 format or greater and as TIF images. [Section D]

Prior to the Issuance of Building Permits:

23. The applicant shall receive final plat approval and construct all required public improvements for Phase I

24. Receive required development approvals (subdivision of site plan) for phases II through IX.

25. Provide evidence of the required fire flow. [Section 3]

26. The applicant for building permit approval shall pay all the required impact fees and system development charges in affect at the time of building permit issuance prior to building permit issuance.

27. At the time of building permit issuance, each residential lot shall conform to the minimum parking requirements by providing two (2) off-street parking spaces for single-family residences specified in Table 17.133-1 . [Section 5]

Prior to On Site Construction


28. Receive signed and approved engineering plans from the City of Battle Ground. [Section 1, 2, 4, & 6]

29. Erect and conduct erosion control measures consistent with the approved Erosion Control Plan and City of Battle Ground erosion control standards. [Section 6]

30. Conduct a pre-construction conference with City engineering and planning staff. Contact Joan Hall at (360) 342-5070 to schedule an appointment. [Section 8]

31. Provide evidence of the required fire flow prior to the issuance of building permits. [Section 3]

32. Building permits shall be obtained for any structure or house built on site. [Section 3]

33. All approvals an permits for conducting work in and around the on site wetlands shall be obtained from the U.S. Army Corps of Engineers and any other jurisdictional agency and evidence of such provided to the City of Battle Ground [Section 6].

34. All appropriate and applicable fees shall be paid.

35. The applicant shall submit a park improvement plan consistent with the submittal requirements of Chapter 17 .143 demonstrating conformity to this standard to the engineer for review and approval.

General

36. The preliminary plat approval shall be valid for a period of five years. A technically complete final plat application shall be made within the five years. Extensions may be granted pursuant to Section 16.115.060 [Section 4]

37. Any future outdoor storage and display on lots within the proposed subdivision shall conform to the standards of BGMC 17.131 .020. [Section 5]

38. Any future mechanical equipment installed on lots within the proposed subdivision shall conform to the standards of BGMC 17.131.040. [Section 5]

39. Fire Hydrants shall be installed and operational prior to start of construction of combustible structures. Fire Hydrants hall have a minimum lateral spacing of 300 feet and a six-foot clear zone shall be maintained around all hydrants.

40. Any required landscaping shall be installed prior to the issuance of occupancy permits [Section 5]

41. Any required landscaping installed by the applicant for the proposed subdivision should conform to the maintenance requirements of BGMC 17 .131 .070. [Section 5]

42. Prior to installation of any future signs, all appropriate permits and approvals must be obtained. [Section 5]

43. The applicant or other successors in interest shall comply with the applicable provisions of Chapter 17 .135 Supplementary Regulations. [Section 5]


44. If any cultural resources are discovered in the course of undertaking the development activity, the Office of Archaeology and Historic Preservation (OAHP) in Olympia and the City of Battle Ground Planning Department must be notified. Failure to comply with these State requirements may constitute a Class C felony, subject to imprisonment and/or fines. [Section 6]

45. Noise generating construction activities shall limited to the hours from seven a.m. and nine p.m. on weekdays and eight a.m. and nine p.m. on weekends. [Section 7]

46. All lots shall be created in a matter consistent with BGMC Title 16. (Section 4)

Prior To Receiving SOC Credits:

47. Submit a written request for credit to the Planning Director including documentation of the actual construction costs reflecting the increased costs to complete the oversized water line, after such time that the improvement is built and has been accepted by the City. [Section E]

48. Submit an engineering analysis of the size of water lines necessary to serve the site. [Section E]

49. Submit a written request for credit to the Planning Director including documentation of the total costs to construct the sewer lines, not to exceed $240,000.00 {T5-1) and $214,200.00 (TS-2), after such time that the improvement is built and has been accepted by the City. [Section E]

EXHIBITS A. See Exhibit List


notice of mitigated determination of ......2004/04/14 · april 14th, 2004 edition project name:...

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