CONDITIONS OF APPROVAL EXHIBIT D ATWORTH COMMONS PRELIMINARY PLAT and PLANNED UNIT DEVELOPMENT PPU-14-0001 & PPL-14-0001 5601 216 th Court SW SEE RECORDED COA AFN 201503160430 CONDITIONS OF APPROVAL CITY OF MOUNTLAKE TERRACE Project Name: Atworth Commons Preliminary Plat and Planned Unit Development (PPU-14-0001 and PPL-14-0001) 5601 216 th Court SW Mountlake Terrace, WA 98043 On March 2, 2015, the City Council approved a Preliminary Plat and concurrent Planned Unit Development (PPU-14-0001 and PPL-14-0001) to subdivide a 4.35-acre site into 31 single-family lots and three open space tracts utilizing small lots, reduced right-of-way widths and open space set-aside areas at 5601 216 th Court SW, generally as shown on plans dated Received Sep 25 2014 ), Revision Nov 14 2014, Revision Dec 19 2014, and Revision Dec 24, 2014, subject to the following conditions: A. General Conditions: 1. Approval of the final planned unit development is subject to approval of a rezone to ensure the underlying base zoning designation on the Official Zoning Map and the approved planned unit development apply to the subject property MTMC 19.115.030 G. 2. Record a boundary line adjustment document with the county prior to preliminary plat approval by the City Council to segregate the former City Church site from the proposed Atworth Commons site. 3. The preliminary plat must be consistent with and simultaneously implement the approved PUD elements (see Item A.6 below). 4. The PUD is valid for a maximum period of two (2) years from the approval date. Permits necessary to establish or construct the proposal shall be applied for within that time period or the approval becomes null and void (MTMC 19.115.030.E). The time limit is subject to a one-year extension request (MTMC 19.115.030.F). 5. Submit 2 conformed copies of the Conditions of Approval recorded with the Snohomish County Auditor within 30 days of issuance of a decision or prior to submittal of any permit application, whichever comes sooner. These conditions shall
Atworth Commons Conditions of Approval Page 2 run with the land unless amended by future land use actions reviewed and approved by the appropriate agency(ies) with jurisdiction. 6. The proposal shall conform to all applicable requirements of the Subdivision code (MTMC 17.05) and the Zoning Code (MTMC Title 19) for RS 8400 zoning, except for the following deviations: a. Residential lot sizes ranging from about 2,628 to 4,700 square feet in area, averaging about 3,631 square feet; b. Minimum front, side and rear yard setbacks, lot width at street, mean lot depth and lot coverage, as shown on plans stamped Revision Dec 19 2014, and as set forth in Exhibit E, Lot Coverage by Structures, and Exhibit K, Bulk Regulations, which include, but are not limited to: i. Reduction in side yard setback from 5 feet to 4.5 feet for Lot 15 and 4.6 feet for Lot 22. ii. Reduction in rear yard setback from 20 feet to as little as 10 feet; iii. Increase in maximum lot coverage from 40% to as much as 50.2%; iv. and New public streets with a minimum right-of-way width of 23 feet and pavement width of 20 feet; and v. Covered porches and decks may extend up to10.5 feet into a front yard setback. vi. Reduction of lot width on street frontage from 40 feet to as little as 31 feet; 1 vii. Reduction in mean lot depth from 80 feet to as little as 72 feet; 7. The homes to be constructed shall generally be consistent with those shown in the original application submittal packet stamped Received Sep 25 2014 and Revision Nov 14 2014 ). Home placement on individual lots and the total number of each plan type may vary somewhat subject to maintaining the overall character and quality originally represented, as determined and approved by the city s Community and Economic Development Director. Building design features set forth in Section II, subsection 4, of the Staff Advisory Report to the Planning Commission dated January 12, 2015 (incorporated herein by reference) shall be incorporated into the building designs. Any plans that do not show the elements referenced in the Staff Advisory Report shall be shown on building plans at time of building permit submittal. Acceptance of substitutions is at the discretion of the Community and Economic Development Department during building permit review. 8. Homes that are viewed from neighboring developments north and south of the site (Lots 1 through 6 and Lots 17 through 22) shall have one or more architectural embellishments on the facades facing neighboring developments, such as 8-12 foot offsets, gabled covered porches, cantilever/pop-out/box bay windows, and 12-inch eaves. 1 Note that Lot 8 is a flag lot. Flag lots are permitted to have a 12-foot width at street frontage.
Atworth Commons Conditions of Approval Page 3 9. Homes facing 56 th Place W (Lots 9 and 15) shall have box bay windows with associated gables on the east side of those homes. 10. Homes facing the park (Lots 6 and 7 facing Tract 998) shall have box bay windows, with associated gables on the west walls of those homes. 11. Trees to be retained on individual lots and/or within common space areas, and new trees proposed shall not be removed without prior approval from the Community and Economic Development Department. 12. Accessory features (e.g., mailbox shelter and signage) shall be consistent with designs shown on Exhibit G. Provide construction details for staff review and approval prior to installation. 13. The Urban Farmhouse style open-grid fences shown along the east side of Lots 1, 22, 23, 26, 29 and 30, as shown on Exhibit G, pages 1 and 3, of the Staff Advisory Report to Planning Commission dated January 12, 2014, shall be maintained through the life of the project. Chain linked fencing is not permitted. 14. Garage doors shall have glass windows (glass does not need to be transparent). 15. Parking spaces located adjacent to Lots 25 and 26 (located within Tracts 997 and 999) shall be maintained by the Atworth Commons Homeowners Association (to be included in CC&R s). 16. In no case shall both parking spaces within a garage be used for storage. One garage parking stall shall be retained for parking at all times (to be included in CC&R s). 17. Post 15-Minute parking sign at mailbox pickup pullout area. 18. Provide a performance guarantee for any incomplete improvements as allowed by city code, prior to final plat approval. 19. Maintenance of the on-street parking stalls (adjacent to Lots 25 and 26) by the homeowners association shall be reflected in the CC&R s. 20. CC&R s shall include language that periodic assessments for the maintenance and repair of any private service facilities held in common shall be performed by the Atworth Homeowners Association (see CC&R s, Article V, Section 3: Common Area Maintenance. B. Prior to issuance of any permits, except as noted: 1. All stormwater systems shall comply with the Department of Ecology 2012 Stormwater Management Manual for Western Washington.
Atworth Commons Conditions of Approval Page 4 2. Provide a temporary stormwater by-pass plan with civil construction permits that shows a temporary stormwater containment area for use during installation of the underground stormwater detention vault. 3. Separate water meter and sewer service will be required for each building. 4. Details of location and screening of utilities shall be submitted to, and approved by the Community and Economic Development Director prior to installation of utilities (power vaults, transformers, and other above ground utilities). 5. The grading permit shall reflect the decision of the Planning Commission. 6. Limit slopes between building sidewalls to 8%, where feasible; otherwise construct step walls between lots. Walls shall be textured. Submit sample material prior to installation. Ecology blocks will not be approved. 7. Grade streets to ensure water runoff does not encroach onto residential lots. Details shall be shown on grading permit plans. 8. Driveway slopes shall be limited to 10%. 9. Sidewalks between home entrances and driveway edge shall be scored differently to demonstrate a different color/texture. Details to be submitted to and approved by staff prior to installation. 10. Pedestrian walkways are required to be 4 feet in width (minimum) within open space tracts, and a minimum of 5 within public easements and/or public rights of way 11. Make every effort to retain tree numbers 1 and 20, a 36 Red Cedar located in the public right of way (east side of 58 th Avenue W) and a 16 Red Cedar located in the northeast corner of Lot 1, respectively. Retention is pending analysis during grading and arborist review during construction. Ensure this information and appropriate protection methods (temporary chain linked construction fence installed no closer than tree drip line) are included on the grading plan. Onsite oversight by an arborist is required during civil construction work to ensure preservation of the tree required to be retained. 12. Establish tree protection zones around all trees to be retained. This shall include temporary chain linked construction fences installed no closer than tree drip line. 13. Submit a final landscape plan for review and approval by the City of the streetscape, front, rear and side yards of individual lots, and community open space areas, consistent with the city s landscape code (Chapter 19.130 MTMC), and consistent with the Landscape Concept Plan stamped Received Nov 14 2014. The plan shall provide landscape screening of all proposed utility vaults.
Atworth Commons Conditions of Approval Page 5 14. The landscape plan shall show some landscape screening (such as shrubs a maximum of 3 feet in height at maturity) between individual lot driveways, except where driveways are shared. 15. Submit a mechanical/automatic irrigation plan with the landscape plan for the open space areas (Tracts 997, 998 and 999) for staff final review and approval. 16. Installation of landscape materials for the community open space areas shall occur prior to final plat approval or bonded. Installation of landscape materials for individual lots shall be installed prior to certificate of occupancy. 17. Adhere to Department of Ecology manual requiring 8 inches of soil depth within residential yards. 18. Provide NO PARKING-FIRE LANE signage plan for edges of access roadways where full 20 road widths with pedestrian paths will not accommodate additional parking spaces and where streets dead end. For example, west side of 56 th Place W, north side of 218 th CT SW, either side of 217 th Ct SW (except for 15-minute parking in designated community mailbox parking stall), and along one (south) side of 216 th Ct SW, the west terminus of 216 th Court SW and the west and east termini of 218 th Court SW, or as specified by Fire District 1. A signage plan shall be reviewed and approved by the Fire Marshal. 19. Blue reflector markers shall be installed in the street near hydrants for fire department purposes. 20. Hydrants and an all weather-driving surfaces shall be installed prior to construction of any combustible materials. 21. The following design standards shall be implemented and reflected on construction plans: a. Any improvements that are to be maintained by the City are to be located and constructed entirely within City right-of-way or city easement. b. Minor modifications (up to 0.25%) in property line dimensions can be made to meet the allowed deviations from the zoning and subdivision code. Maintain sight distances and maintenance access. Any deviations beyond the stated deviations require staff review and approval. c. Fire and emergency access ways where sidewalks are included in the required 20-foot roadway width shall be designed to accommodate H-20 load bearing fire apparatus and shall be designed as shown on Exhibit H. d. Show on civil plans all roof/footing drain connections to the city s storm system. e. Exposed faces of retaining walls shall be textured, provide relief or otherwise break up the face (no blank or flat concrete retaining walls will be acceptable). Staff has discretion to determine adequacy of proposals. 22. Submit all required performance warranties and deposits.
Atworth Commons Conditions of Approval Page 6 23. Prior to issuance of any residential structure building permits, record a Final Plat with the Snohomish County Auditor. C. Application for final plat shall include: 1. Demonstration that all required infrastructure improvements to fulfill the preliminary plat and planned unit development elements are completed or warranted. 2. Any minor modifications in property line locations to meet the allowed deviations from the zoning and subdivision code and fulfill the intent of the PUD approval. 3. Maintenance and/or performance warranties, as applicable. 4. Statements included on face of the final plat that: a. Atworth Commons Homeowners Association is responsible for maintenance, repair, improvement, construction and reconstruction of all common areas (Tracts 997, 998 and 999) (see CC&R s, Article V, Section 3 and Article VI, Section 3). b. The general public shall have a non-exclusive easement of use and enjoyment over, across and through Tracts 997, 998 and 999 and other pedestrian connections at Atworth Commons (see CC&R s, Article V). c. Fire and emergency access ways require 20 horizontal and 13 6 vertical clearances. Maintenance of approved access roads, including sidewalks shall be maintained in perpetuity. Vertical clearances, including trees and landscaping, shall be maintained in perpetuity. N:\CD Development Information Files\216th_Ct_SW_5601_SonataHomes_PUD\FINAL PUD\Exhibits\COA_Prel Plat&PUD_unoffiical_2015.03.02.doc