City of Leavenworth Department of Development Services

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1 City of Leavenworth Department of Development Services Combined Notice of Complete Application, Notice of Application and Preliminary SEPA Determination Date of Notice: February 26, 2018 Project Name: Project Address: Weidner / Willkommen Village Apartment Homes NNA Ward Strasse / Zelt Strasse Leavenworth, WA Docket/Permit #: G / 2537 Applicant/Owner: Molitor Development LLC Willkommen LLC 2518 Halladay Street th Ave SW Seattle, WA Seattle, WA Applicant/Contact: Date of Application Submittal: January 29, 2018 Date of Notice of Complete: February 26, 2018 Comment Due Date: March 12, 2018 Notice of Final Decision Due Date 1 : June 26, 2018 Molitor Development LLC / Mitch Molitor Project Location: The project site is located at the northwest intersection of Ward Strasse and Zelt Strasse, Leavenworth, Washington - address to be determined. The property is generally located north of US Highway 2, east of Riverbend Drive and to the north of the Safeway building, within the City of Leavenworth. The Assessor s Parcel number of the project site is The project is located within the General Commercial (GC) and Residential Multifamily zone districts of the City of Leavenworth (split zoning). Project Description: The proposed project includes construction of a 200 unit apartment complex on a vacant 5.5 acre lot. See "Project Details" below. SEPA Preliminary Determination of Consistency: This project is subject to the State Environmental Policy Act (SEPA). The City of Leavenworth (City), lead agency and permitting authority for this proposal, has reviewed the proposed project for probable impacts and expects to issue a Mitigated Determination of Non-significance (MDNS), including conditions to mitigate possible impacts. The Optional DNS process in WAC is being used. This project review process may incorporate or require mitigation measures regardless of whether an Environmental Impact Statement (EIS) is prepared. Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable impacts. This may be the only opportunity to comment on the environmental impacts of the proposal. 1 As provided by LMC , a Notice of Final Decision shall be issued within 120 days after the date of the Determination of Completeness excluding periods during which the applicant has been requested by the City to correct plans, perform required studies, or provide additional information or materials. The date noted does not account for periods of time which are excluded from the 120 days for issuance of the Notice of Final Decision and the date is subject to change.

2 Comments must be submitted by the date noted above to the City of Leavenworth, P.O. Box 287, 700 U.S. Highway 2, Leavenworth, WA A copy of the subsequent threshold determination for the specific proposal may be obtained upon request. Project Details: The Applicant has submitted a Grading, Excavation and Filling Permit Application for exploratory excavation for the purpose of planning the ultimate improvements for an apartment complex project on the approximately 5.5 acre vacant lot. Building and other permitting in order to construct the project will be necessary, and is considered herein. The ultimate project includes construction of five new three-story buildings and appurtenant site features to accommodate 200 new apartment units. Such appurtenant features include, but are not limited to, installation of utilities necessary to serve the development, surface parking areas, lighting and access lanes, stormwater control infrastructure, on-site leasing office, and apartment amenities such as spa and BBQ area, along with other accessory and appurtenant features and structures. The apartment complex will contain approximately 66 "efficiency" dwellings, 7 "studio" dwellings, 71 "1-bedroom" dwellings, and 56 "2-bedroom" dwellings. Off-site improvements will include construction of street improvements on Ward Strasse, Zelt Strasse and any utility upgrades or other improvements identified during review of the project which are necessary to serve the development. Final and complete building and civil plans will be required for permitting of the project. Determination of Completeness: The Grading, Excavation and Filling application for the project, as described above, has been reviewed by the City of Leavenworth and has been determined to be complete, as it meets the procedural submission requirements of the City and is sufficient for continued processing. This Determination of Completeness shall not preclude the City of Leavenworth from requesting additional information, corrections, studies, mitigation and/or requirements, either at the time of the Notice of Completeness or subsequently, if new information is necessary, corrections are needed, and/or substantial changes in the proposed action occur. As provided by LMC , a Notice of Final Decision shall be issued within 120 days after the date of the Determination of Completeness excluding periods during which the Applicant has been requested by the City to correct plans, perform required studies, or provide additional information or materials. This Notice does not constitute final approval (Notice of Final Decision) for the application and compliance with conditions of approval may be required of the project. This Notice of Complete is for the stated activities only, and does not guarantee, warrant or imply permitting of any future activities. SEPA Review: The following conditions / measures shall be utilized in order to mitigate potential adverse environmental impacts of the proposal under the State Environmental Policy Act (SEPA): 1. Earth. The proposal does not appear to result in significant impacts. The project site is generally flat, slightly sloping to the north and east. Review of critical areas mapping found no history of unstable soils in the vicinity. A Construction Project Mitigation Manual will be required prior to construction activities. Protection measures may be included for City utilities, protection of right of ways, and adjacent property, including disruption of utility services. Construction mitigation plans will be required, including but not limited to a Stormwater Pollution Prevention Plan, Hazardous Spill Control and Emergency Spill Management Plan, and Re-Vegetation Plan for disturbed areas. The City will require engineered stormwater and other civil plans prior to issuance of construction permitting pursuant to adopted rules and regulations. 2. Air. The proposal does not appear to result in significant impacts. A Construction Project Mitigation Manual will be required prior to construction activities. Such activities could result in the atmospheric release of dust and other contaminants typical of routine construction practices (e.g., workman cars and equipment). 2

3 Construction mitigation plans will be required, including but not limited to mitigation plans for dust abatement using site watering or other measures. 3. Water. The project is not located within Shoreline jurisdiction, and no riparian or wetland areas have been identified in or near the project boundaries. The Applicant has submitted a Geotechnical Evaluation Services and Geologic Hazard Assessment addressing surface, subsurface, and hydrogeologic conditions as well as geologic hazard evaluation. A Hydrogeological investigation addressing possible impacts to the critical aquifer recharge area (CARA) well site, including groundwater investigation, in compliance with LMC 16.08, Article III is required. A Stormwater Pollution Prevention Plan (SWPPP) is required as part of the Mitigation Plan and Stormwater Plan in compliance with the Stormwater Management Manual for Eastern Washington, and NPDES permitting through the Washington State Department of Ecology is required, as necessary. 4. Plants. The proposed project is located within an undeveloped field. The field is dominated by grasses and sparse trees. The proposal does not appear to result in significant impacts. A Construction Project Mitigation Manual will be required prior to construction activities for placement of infrastructure, and will include a revegetation plan for disturbed areas and parking lot landscaping in compliance with LMC Animals. The proposal is within an undeveloped field. No protected species were identified within the area by the Washington Department of Fish and Wildlife Priority Habitat Species Map, May No impacts are anticipated. 6. Energy and Natural Resources. The proposed construction is within an undeveloped field. The proposal does not appear to result in significant impacts. The City will use existing Municipal Code requirements, including the requirement to obtain a Lighting Permit. 7. Environmental Health. No environmental hazards have been identified in association with this proposal. A Construction Project Mitigation Manual will be required prior to construction activities, including a Hazardous Spill Control and Emergency Spill Management plan. The City will use existing Municipal Code requirements, including mitigation of noise impacts by limiting construction hours and LMC Chapter 9.33, Public Disturbance Noise Regulations. 8. Land and Shoreline Use. The proposal is within an undeveloped field. The site is located adjacent to an established and built subdivision, a commercial area, and is not within a Shoreline or riparian area (see "Water" above). A Construction Project Mitigation Manual will be required prior to construction activities, including site plans addressing construction staging, work areas and parking, fencing, signage, and traffic control. 9. Housing. The proposal is anticipated to positively effect the City's housing availability by increasing the number of available dwellings by 200 units. 10. Aesthetics. At build-out, construction of the buildings will be compliant with the Old World Bavarian Architectural Theme Code (LMC 14.08), and infrastructure will be compliant with the Old World Bavarian Alpine Theme and the City s Downtown Master Plan standards. 11. Light & Glare. Adherence to the Leavenworth Lighting Code will prevent significant lighting impacts at build out. A Lighting Permit is required and shall contain strategies for light conservation, glare, and light trespass control, and shall utilize methods such as full shielding and lowered mounting heights as required by the Leavenworth Municipal Code Chapter Recreation. The proposal is not anticipated to impact recreational activities in the area. 13. Historic/Cultural Preservation. No historic or cultural sites have been identified within the project boundary or adjacent lands. A Cultural Resources Inventory by Historical Research Associates, Inc, dated April 2017 was submitted for the KOA (Zelt Strasse) Access Road project adjacent to this site at the request of the Confederated Bands and Tribes of the Yakama Nation. The City will require proper notification of Tribal Authorities of the Confederated Yakama, and Colville Nations, as well as, the Washington Department of 3

4 Archeology and State Historic Preservation Office, if any resources are discovered during construction. 14. Transportation. The proposal is expected to increase impacts related to vehicular traffic in the vicinity, including but not limited to increased traffic levels. The Applicant submitted a Traffic Impact Analysis (TIA) for the project. Turning movement calculations and operational analysis at the existing intersections of US Highway 2 and Riverbend Drive, Riverbend Drive and Ward Strasse, Riverbend Drive and Marson's Lumber, Ward Strasse and Zelt Strasse (currently under construction), US Highway 2 and East Leavenworth Road, and US Highway 2 and Pear Tree Court / Duncan Road were investigated. Seasonal analysis, collision analysis, sight distance, traffic queuing and length, and other factors were also addressed in relation to the increased trip generation of the project. The conclusions of the TIA indicate that all intersections and driveways will operate at satisfactory Levels of Service (LOS) C or better and significant safety or queuing is not anticipated. 15. Public Services. Impacts to public services such as fire and police protection are anticipated to increase as is typical with residential development. Measures to ensure safe and effective emergency access, fire hydrants, and other necessary infrastructure shall be required. 16. Utilities. Utilities (including electricity, water, sewer, and stormwater) are to be installed during construction. Intermittent utility disruption for connection and extension of utilities is anticipated, commensurate with other such activities. Water connection, stormwater connection, sewer connection fees and permits, and permitting to work within City right of way will be required. Pursuant to WAC , the City will also regulate impacts by utilizing local development regulations (Leavenworth Municipal Code compliance with Titles 14, 15, 16, 18, and 21), the City s Comprehensive Plan, Downtown Master Plan, and other applicable local, State, or federal laws or rules. These laws and rules should provide adequate analysis of the impacts of this project. The City may require a separate Mitigation Agreement to provide for further mitigation of impacts. Existing Environmental Documents: The Applicant has submitted the following documents to the City: 1. A completed SEPA Checklist for the proposed activities was submitted to the City on January 29, A Final SEPA Determination will be issued by the City prior to a Notice of Final Decision for this project. 2. A Geotechnical Evaluation Services and Geologic Hazard Assessment by Nelson Geotechnical Associates, Inc, dated August 23, 2017 was submitted to the City on January 29, A Traffic Impact Analysis by Gibson Traffic Consultants, Inc. was submitted to the City on January 29, Supplemental existing documents for this area include: 4. A Phase I Environmental Site Assessment by Merit Engineering Inc. was submitted on April 7, 2016 for the Swiss Hotel Leavenworth, Hampton Inn project. 5. A Cultural Resources Inventory by Historical Research Associates, Inc. dated April 2017 was submitted for the Pine Village KOA Kampground Access Road Project (Zelt Strasse). 6. A Geotechnical Report by Nelson Geotechnical Associates, Inc, dated May 29, 2014 was submitted for the Pine Village KOA Kampground Access Road Project (Zelt Strasse). 7. A Hydrogeological Report Critical Aquifer Recharge Area study by Aspect Consulting, LLC dated August 15, 2017 was submitted for the Pine Village KOA Kampground Access Road Project (Zelt Strasse). 8. A Traffic Impact Analysis Technical Memo by RH2 Engineering was submitted on April 19, 2016, with Built-Environment 2028 Traffic Forecast provided April 27, 2016 for the Swiss Hotel Leavenworth, Hampton Inn project. 9. A Traffic Analysis Memo by Perteet Engineering dated November 10, 2017 was submitted for the LINK 4

5 Transit Willkommen Village Park and Ride Project. Required Environmental Documents: In addition to the above existing documents, the City will require additional documentation, including but not limited to: 1. Critical Aquifer Recharge Area (CARA) investigation in compliance with LMC Chapter (Critical Areas), Article III. 2. Construction Mitigation Manual: The Applicant shall be required to complete and submit a Construction Mitigation Manual for review and approval of the City prior to commencement of construction activities. Such Manual shall include, but not be limited to: a. A schedule of projected time-lines and construction phasing plans anticipating holiday and festival season closures, and periods of inclement weather. A Construction Schedule, including identification of the following requirements: i. No construction activity may occur between the hours of 7:00 PM and 7:00 AM without prior authorization of the Leavenworth City Council. The Applicant shall be required to submit a detailed request, including dates, times and mitigation for shielding lighting to avoid impacts to adjacent properties and US Highway 2 for consideration of the City prior to planning night work. ii. Approval by the City is required prior to any work on weekends. No construction will be permitted which may interfere with activities during City-wide festivals/events. The time of enforcement shall be from 4:00 PM on the day preceding the start date of the festival or event to 7:00 AM on the day following the conclusion of the festival or event. iii. Notification to the City of amended timelines in order to determine requirements for amending plans or permits as appropriate. b. Timing and notification to the City and other utility purveyors of utility interruptions. The Applicant shall be required to obtain prior approval of the Public Works Department and/or the applicable purveyor for any utility disruption or interruption prior to such activities. This schedule may require periodic updates. c. A construction traffic plan, including identification of any impacts or closures and anticipated timing. Such plans shall also include proposed construction haul routes and details of method(s) of right-of-way closures. The Applicant shall be required to obtain prior approval of the Public Works Department, WSDOT, or other applicable jurisdiction for any street or right of way disruption, detour or closure. This schedule may require periodic updates. d. A Hazardous Spill Control and Emergency Spill Management plan. The Applicant shall provide a Spill Prevention Control Countermeasure (SPCC) Kit which shall be on site and shall contain detailed information explaining how the SPCC Kit will be implemented. The Spill Control and Management Plan shall identify and specify the SPCC. e. Construction staging, material storage and construction parking plans. A Project Construction Staging Area site plan including fencing, storage, stockpiles, construction entrance, and area for equipment checking for leaks and cleaning of any external petroleum products, hydraulic fluid, machinery coolants, dirt, weeds, weed seeds, and/or any other deleterious materials prior to entering and leaving the construction site shall be submitted. Such areas will not be allowed on City streets or right-of-ways unless reviewed and approved by the City. A Haul Route plan shall also be included. f. A Re-Vegetation plan, including identification of areas and measures for re-vegetation, species and methods may be required. 3. Mitigation Agreement: The City may require a separate Mitigation Agreement to cover the above 5

6 requirements, and/or other identified impacts. 4. Stormwater Pollution Prevention Plan: The Applicant is required to obtain NPDES permitting through the Washington State Department of Ecology, as necessary. Final approval shall be submitted to the City of Leavenworth for the file of record prior to any activities on the site. Submittal of NPDES permitting applications and information is the sole responsibility of the applicant. Review by The Washington State Department of Ecology is not coordinated by the City of Leavenworth. 5. Any additional studies, plans, correction, revisions, or addenda as determined necessary and as requested by the City. Mitigation of Environmental Impacts: Pursuant to WAC , the City will regulate impacts by utilizing local development regulations, the City s Comprehensive Plan, and other applicable local, State, or federal laws or rules. These laws and rules should provide adequate analysis of, and mitigation for, the impacts of this project. This application, as mitigated, appears consistent with the regulations contained within the Leavenworth Municipal Code (LMC) and shall be required/conditioned to comply with Titles 14, 15, 16, and 21, with the Leavenworth Comprehensive Plan. Required Permits: This Notice of Application is for Permits No G / 2537 and all future anticipated City permits. Full Administrative Review under Title of the LMC, including SEPA review, and a public notice and comment period is required for the project which has not been previously subject to a public review process or for which environmental review has not been completed in connection with other project permits. The applicant will be required to obtain the following additional permits in association with this project: 1. Grading, Excavation and Filling Supplemental Permit for site development permitting, including but not limited to civil plans which address grading, utilities, surfacing, stormwater, and other site improvements outside of permitting of structures; 2. Grading, Excavation and Filling Supplemental Permit for off-site development permitting, including but not limited to civil plans which address grading, utilities, surfacing, stormwater, and other required public infrastructure improvements; 3. Building Permit(s) (Master Permit Application) for permitting construction of each individual building / structure, inclusive of plumbing and mechanical permitting; 4. Fire Safety Permit(s) (Master Permit Application) for each individual building / structure, including sprinkler and alarm systems, as necessary; 5. Lighting Permit(s) for exterior building lighting and parking lot / site lighting in compliance with LMC Chapter 14.28; 6. The applicant shall be required to pursue separate permit(s) for any proposed signage. A Sign Permit in compliance with Chapter (Signs) will be required for any signage; 7. The applicant shall be required to pursue separate permit(s) for work within the public right of way. Prior to construction within any City right-of-way, the applicant shall obtain a General Permit to Perform Work in the City Right-of-Way. Additionally, the applicant shall provide to the Public Works Director an accounting of proposed work and proposed dates and time for such work in the City right-of-way; 8. Electrical permits and approvals shall be obtained from Washington State Labor and Industries and Chelan County PUD, as necessary; 9. Utility Connection Permits, including but not limited to City Water and Sewer Utility Connection permits; 10. NPDES Permitting from the Washington State Department of Ecology (project size in excess of 1 acre); Additional permits may be required which are not identified at this time. The Applicant is solely responsible to obtain all permits required by all federal, State, and local agencies with jurisdiction. 6

7 Public Notice: This Notice of Application / SEPA Preliminary Determination shall be posted at the project site and in three (3) places at City Hall for the duration of the comment period, per Leavenworth Municipal Code Section (B). This Notice of Application / Preliminary SEPA Determination shall also be mailed to other agencies with jurisdiction. Public Comment / Review / Appeals: The public and other agencies with jurisdiction are encouraged to review and comment on the proposed project and its probable impacts. This may be your only opportunity to comment on impacts of the proposed project. It is the right of any person to comment on the above noted application, to receive notice of and participate in any hearings (as applicable), and request a copy of the decision once it is made, or to appeal such decision subject to the requirements outlined in Title 21 of the Leavenworth Municipal Code. Interested persons must submit written comments and/or requests within fourteen days following the date of publication of this notice. The comment period ends March 12, 2018 at 5:00 pm. A complete project file, including the SEPA Checklist, is available for review at Leavenworth City Hall at 700 Highway 2, Leavenworth, Washington, or by contacting Development Services Department staff at Staff Contact: Cary Siess, Planner, or Nathan Pate, Development Services Manager City of Leavenworth Department of Development Services PO Box 287 / 700 Highway 2 Leavenworth, WA Phone: / Fax: planner1@cityofleavenworth.com 7

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23 SITE DATA SELTZ STR ROAD) 66 UNITS 7 UNITS 71 UNITS 56 UNITS 200 UNITS 33% 3% 36% 28% 100% WA RD S TR A SS E ASSE (NEW EFFICIENCIES STUDIOS 1-BR 2-BR TOTAL N SAFEWAY ENTRANCE SCALE: 1"=50' 100

24 Willkommen Village Homes by Weidner Apartment Homes 5 Buildings / 200 Units Exa mpl e Onl y

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