DECISION CRITICAL AREAS ALTERATION AND DETERMINATION OF NONSIGNIFICANCE (DNS)

Transcription

1 DECISION CRITICAL AREAS ALTERATION AND DETERMINATION OF NONSIGNIFICANCE (DNS) Development Services Department rd Avenue NE Woodinville, WA Project Name: Project Nos.: Description of Proposal: Address: Property Owner: Applicant: Staff Contact: Thaman New Single Family Residence CAA16005 / SEP16015 Critical areas review to construct a two-story 7,579 square-foot singlefamily residence on a 1.34-acre property. The property contains steep slopes and the proposal includes the alteration of man-made slopes. Construction includes grading and drainage improvements, tree removal, and critical area enhancements. SEPA review is required for sites that contain critical areas NE 173rd Street; Woodinville, WA King County Parcel No.: Alex and Megan Thaman Jason Kingsbury, Hodge Construction Amanda Almgren, Associate Planner at or amandaa@ci. woodinville. wa. us SUMMARY OF PROJECT DECISION Staff administratively reviewed this project for consistency with the policies, standards, and regulations of the City of Woodinville. After considering comments by the public and agencies, a critical areas alteration has been issued pursuant to the Findings of Fact and Conclusions of Law. Notice of Decision Date: End of Appeal Period: Project Permit Expiration Date: Project Decision: Monday,April3, 2017 Monday,April 17,2017 April 3, 2019 Approved with Conditions STATE ENVIRONMENTAL POLICY ACT (SEPA) A Determination of Nonsignificance (DNS) for the SEPA application is being issued concurrently with this decision. The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Review of the SEPA checklist and application materials indicates that the proposal is not expected to result in environmental impacts. This DNS is issued on the basis of compliance of this proposal with all applicable Woodinville Municipal Code (WMC) regulations and standards, and environmental policies, as adopted by WMC , Subsection (4). The determination that an environmental impact statement does not have to be filed does not mean there will be no adverse environmental impacts. City of Woodinville codes governing traffic control, land use performance standards, construction, and improvement of streets and roads, drainage control, environmental protection, fire protection and building practices will provide substantial mitigation of the aforementioned impacts. Page 1

2 APPEALS Appeals: A party of record may appeal this decision to the Woodinville Hearing Examiner pursuant to Chapters 2.30 and WMC. An appeal must be filed within 14 days of the date of issuance of this decision, by 4:00 p.m., on April 17, Written appeals shall be submitted with the appropriate appeal fee to Development Services Department in City Hall, rd Avenue NE, Woodinville, WA Contact the staff contact listed above if you wish to file an appeal. Affected property owners may request a change in valuation with King County for property tax purposes notwithstanding any program of revaluation. For information regarding property valuations and/or assessments, contact the King County Assessor's Office at (206) PROPERTY INFORMATION Legal Description: LOT 1 WOODINVILLE SP #SPA REC # SD SP LY IN E 1/2 OF W 1/2 OF NE 1/4 OF SW 1/4 LY NLY OF NE 173RD ST Zoning: R-1, residential Comprehensive Plan Designation: Woodland Residential Critical Areas: Steep slopes Environmental (SEPA) Review: A Determination of Nonsignificance is issued as part of this permit decision. Surrounding Zoning: North: R-1 South: R-1 East: R-1 West: R-1 NOTICES AND PUBLIC COMMENT The application was received on June 29, 2016, with additional information received on October 6, The application was determined complete on November 2, 2016 pursuant to WMC A Notice of Application was issued on November 14, 2016 consistent with WMC The Notice of Application was mailed to property owners within 500 feet pursuant to WMC (4), and posted on the site and other public notices locations (City Hall, Post Office, and City of Woodinville website). The Notice of Application was published in The Woodinville Weekly newspaper on November 21, Pursuant WMC (1)(c) a 15-day public comment period was utilized, ending on December 6, 2016 (Exhibit 15). A request for additional information was sent on November 18, 2016 (Exhibit 13). Public and other agency comments were sent to the applicant in a letter on December 7, Revisions were submitted on January 13, A second correction letter was sent on February 6, 2017 (Exhibit 15) and revisions were received on March 2, Agency Comments: One comment was received from Ivy Frietag of the King County Historic Preservation Program, which stated that no known historic or cultural resources are located in the immediate vicinity of the proposed area (Exhibit 12). Public Comment: One public comment was received from Lisa Hardy on November 22, 2016 requesting that the developer not comprise the steep slopes and trees on the property (Exhibit 11 ). Page 2 of 7

3 COMPREHENSIVE PLAN The Comprehensive Plan encourages northwest woodland character design, promotes pedestrian friendliness and traffic linkages, encourages recreation space, and requires adequate infrastructure for development within the City limits. The City of Woodinville Comprehensive Plan Future Land Use Map designates this property as Industrial. Pursuant to WMC , the proposal complies with the intended goals, objectives, and policies of the Comprehensive Plan. The following Comprehensive Plan Policies apply to this project: Goal LU-1: Protect and reinforce Woodinville's Northwest Woodland Character. Policy LU-1.1. Maintain and enhance development regulations that preserve Woodinville's wooded hillsides, open spaces, and the character of established residential neighborhoods. Goal LU-2: Provide land area and densities necessary to meet Woodinville's projected needs for housing, employment, and public facilities. To guide the City's population growth in a manner that maintains or improves Woodinville's quality of life, environmental attributes, and Northwest Woodland character. Policy LU-2.4. provided. Goal H-1: Provide a diversity of housing types. Allow new development only where adequate public services can be Policy H-1. Allow for a variety of housing types and lot sizes, including: mixed use development, small and large lot single family development, accessory dwelling units, townhomes, duplexes, multiplexes, and apartments, and manufactured housing. Policy H-2. Promote infill development designed to be compatible with existing neighborhoods while creating new housing opportunities. Policy H-3 Provide a land use plan that accommodates Woodinville's regionally determined housing growth target and supports regional objectives for housing diversity, affordability, innovative and flexible techniques, and a jobs-housing balance. Goal H-4: To foster livable neighborhoods with a desirable quality of life, environmental sustainability, and healthy active living. Policy H-18. Ensure that new development and redevelopment are compatible with existing and planned neighborhood character such as through design and landscape standards. Goal E-2: To protect the public from natural hazards resulting from the disturbance of the environment. Policy E-2.1. Protect public safety in potential frequently flooded areas, and geologically hazardous areas such as seismic and landslide hazard areas. Policy E-2.2. Minimize the adverse effects of development on topographic, geologic, and hydrologic features, and native vegetation. Policy E-2.3. Manage the quantity and velocity of surface water runoff. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 1 Code citations included this decision reference codes adopted as of November 2, These code sections have been moved or repealed by the date of this decision. Page 3 of 7

4 GENERAL: 1. Jason Kingsbury of Hodge Construction has applied to build a two-story single family home on property owned by Alex and Megan Thaman at NE 173rd Street. The lot is rectangular and is approximately 58,316 square feet (1.34 acres) in size. The lot is zoned residential R-1, 1 unit per acre. The property is accessed from 173rd street by a thirty-twofoot-wide access and utility easement that runs along the west side of the adjacent parcel to the south of the property. 2. The property contains geologically sensitive areas and associated buffers. Pursuant to WMC , the City of Woodinville shall not approve permits or other authorization to alter the condition of any land, water, or vegetation or to construct or alter any structure or improvement without first assuring compliance with the requirements of Chapter WMC. 3. The applicant is seeking to construct a single-family residence on the subject property. The applicant submitted critical areas alteration and SEPA applications (File Nos. CAA16005 and SEP16015) on June 29, Construction permits for the residence (file No. BLD16070) were also submitted on June 29, 2016 and determined complete on June 30, Pursuant to Chapter WMC, a critical areas alteration is a Type II permit. The Development Services Director is the decision authority on Type II permits. CRITICAL AREAS: 5. The applicant submitted a Critical Areas Report prepared by Lisa Harbert, PE (Exhibit 7) and a Geotechnical Engineer Report prepared by Robinson Noble (Exhibit 8). The reports evaluated the landslide hazard area conditions and field observation. No other critical areas are known to exist on the site. -6. The project involves work occurring within a geologically sensitive area, which is designated as a critical area pursuant to Chapter WMC. The property was identified as having landslide hazard areas due to the steepness of the topography in the southern and eastern half of the property. The steep slope traverses a total of 50 feet in height and forms a ridge around the northwest quarter. The slope is vegetated with grasses, shrubs, and small and medium deciduous and evergreen trees. The average gradient of the steep slope area is about 1 :1. 7. Pursuant to WMC (1), geologically sensitive areas include those areas susceptible to erosion, sliding, earthquake or other geological events. Geologically sensitive areas pose a risk to health and safety of citizens when incompatible development is located in areas of significant hazard. WMC (2)(b)(vi), states that any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas composed of consolidated rock, is a landslide hazard area. A slope is delineated by establishing its toe and top and measuring by averaging the inclination over at least 10 feet of vertical relief. 8. The southeastern 60 to 100 feet the property features steep slopes greater than 40 percent varying between 30 to 50 feet in height. Previous grading to the site created a 13, 197 square feet area of artificial steep slopes to the southwest of the propose house and 4,583 square feet to the east. An additional 957 square feet of steep $.lopes was created under where the proposed house will be placed. The site has 7,116 square feet of natural steep slopes to the southeast of the proposed structure, which will not be altered through this proposal. The site has a total of 18,737 square feet of artificially created steep slopes and Page 4 of 7

5 7, 116 square feet of natural steep slopes. Approximately 44 percent of the site is constrained by steep slopes. 9. Pursuant to WMC , a critical areas review establishes whether critical areas exist on the property, confirms the nature and type of the critical area, and determines whether the development proposal is consistent with Chapter WMC. Critical areas reviews occur for development proposal applications or other requests for alterations on sites that include a critical area or buffer. This critical areas alteration includes the review of environmental impacts resulting from the proposal including restoration and mitigation. 10. A geotechnical engineering report dated March 2, 2017 was prepared by Robinson Noble for this project pursuant to WMC and WMC (5) (Exhibit 8). Based on the study, Robinson Noble determined the site was suitable for the proposed construction from a geotechnical standpoint. The report notes that the underlying dense and hard soil deposits on the site can support the planned structures and pavements (Exhibit 8, page 3). Recommendations include specific design for lateral loads, retaining walls, measures for construction methods, building foundations, and site preparation. 11. Pursuant to WMC (4) geologically hazardous areas and associated buffers may be altered provided the alteration does not increase the threat to adjacent properties, will not impact other critical areas and the alteration is designed so that the hazard to the project is eliminated or mitigated. The proposal meets these requirements. 12. Pursuant to WMC (3)(a) The proposed development shall not decrease the factor of safety for landslide occurrence below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. Figures 7 through 10 of the geotechnical engineering report identify a factor of safety of no less than for static conditions and 1.28 for dynamic conditions. The proposed development project exceeds the stability factors (Exhibit 8, page 6). 13. Pursuant to WMC (3)(b) through (d), structures and improvements must be clustered, minimize alterations to the contour of the slope, and preserve the most critical portion of the site and its natural landforms and vegetation. The proposed driveway is sited towards the ridge of the steep slope to provide necessary vehicular and emergency access to the house. The proposed driveway alignment requires an eight-foot cut in the artificially created steep slopes. A retaining wall will be utilized for the driveway to maintain and reinforce existing slopes pursuant to WMC (3)(f). The alignment of the driveway and retaining wall result in a majority of the steep slope area being undisturbed as part of the proposed development. 14. Alterations within landslide hazard areas are limited to those do not increase surface water discharge or sedimentation to adjacent properties, do not decrease slope stability, do not adversely impact other critical areas, and are on slopes that are artificially created. The proposal addresses stormwater onsite through compliance with the King County Surface Water Design Manual for surface water discharge and sedimentation requirements. Affected slopes were artificially created due to past grading activities and will be stabilized through the proposed development. No other critical areas are present on site or nearby. 15. WMC (1 )(a) requires that all geologically sensitive areas and buffers which are one acre or great in size be placed in a native growth protection area (NGPA). The geologically sensitive areas in the proposed project are less than one acre and thus will not be required to be place in a native growth protection area. Page 5 of 7

6 ZONING: 16. The property is located in the R-1 zone (1 Unit per Acre residential) according to the City's official zoning map, with a minimum lot size of 35,000 square feet. The property is 58,316 square feet and meets the minimum lot size requirement. 17. Table A of WMC and WMC (8)(8) establishes density and dimensional requirements for properties in the R-1 zoning district: a. The minimum street setback is ten feet. The proposed residence is approximately 530 feet from the street. The proposal complies with this requirement. b. The minimum interior setback is ten feet. The proposed residence is situated outside of setbacks, located 10 feet from the north property line, 4 7 feet from the east property line, 65 feet from the south property line and 149 feet from the west property line. c. The base height is 35 feet, which is measured from average finished grade measured six feet from the smallest rectangle enclosing the building. The proposed building height is about 25 feet tall. d. The maximum building coverage is 15 percent. Proposed building coverage totals 6,219.5 square feet or 10,7 percent. The proposal complies with the maximum building coverage. e. The maximum impervious surface coverage is 20 percent. Proposed impervious surfaces total 11,425 square feet or 19.6 percent. The proposal qualifies with the impervious surface requirements. 18. Pursuant to WMC , a Tree Plan was prepared by Cramer Design Consultants, Inc. Additionally, pursuant to WMC (2)(a) the site is required to provide 80 tree credits. The proposed development provides 82.9 tree credits. DECISION Staff conducted an administrative review of this project pursuant to RCW , including the Woodinville Municipal Code, the State Environmental Policy Act, and other city codes. The Director has determined that development of the site is consistent with Woodinville's development regulations and will conform to all applicable zoning and development standards, and that as conditioned, the project will have no adverse impacts to the public health, safety and general welfare. The Director hereby APPROVES the permit for a Critical Areas Alteration (File No. CAA 16005) subject to the following conditions: 1. All improvements shall be constructed in accordance with the approved preliminary site plans submitted on March 2, The applicant shall obtain construction permits for the proposed improvements. Compliance with all permit conditions is required for the duration of construction. 3. All development shall proceed in accordance with the recommendations listed in the Geotechnical Report prepared by Robinson Noble, dated March 2, 2017 for site preparation and grading, structural fill, foundations, lateral loads, and drainage. 4. Clearing shall be allowed only from May 1st to October 1st of each year. All vegetation within the landslide hazard area shall be maintained, except for those areas approved for alteration through this permit. 5. The septic system shall not be sited within the landslide hazard area or buffer. Page 6 of 7

7 6. All walls over four (4) feet in height or that carry a surcharge require a separate building permit. Such walls must be designed by a Geotechnical Engineer. Permits for the walls shall be submitted, reviewed and approved prior to construction of the wall. A geotechnical engineer shall be on-site for observation during site preparation and construction of the foundation and retaining walls. 7. Any soils exposed during construction shall be appropriately re-vegetated consistent with the proposed best management practices. A final temporary erosion control and sedimentation plan shall be prepared in compliance with the King County Surface Water Design Manual prior to the start of construction work. Proper temporary erosion control best management practices must be used and inspected daily. The plan must include spill containment procedures, equipment and materials, which must be on site. David Kuhl, Development Services Director April 3, 2017 Date Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 EXHIBITS Land Use Permit Application Materials Owner Authorization Form Site Plans, prepared by the Architects Northwest, received January 13, 2017 SEPA Checklist, prepared by Jason Kingsbury, dated February 6, 2017 Tree Plan, prepared by Cramer Design Consultants, Inc., dated January 9, 2017 Arborist Report, prepared by Shoffner Consulting, dated August 16, 2016 Critical Areas Report, prepared by Lisa Harbert, PE, PLLC, dated June 28, 2016 Geotechnical Report, prepared by Robinson Noble, dated March 2, 2017 Stormwater Technical Information Report, prepared by Lisa Harbert, PE dated January 10, 2017 Comment Letter from Lisa A. Hardy dated November 22, from Ivy Freitag of King County Historic Preservation Programs dated November 29, 2016 Comment Letter dated November 18, 2016 Response to Review Letter, prepared by Jason Kingsbury, received January 13, 2017 Comment Letter dated February 6, 2017 Notice of Application issued November 14, 2016 Page 7 of 7