Loading...
HE Decision OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: SUB-05-0304-YL (part of MPD-05-0067-YL) TAHOMA TERRA APPLICANT: Tahoma Terra LLC 4200 6th Avenue SE, Suite 301 Lacey, WA 98503 AGENT: SCA Consulting SUMMARY OF REQUEST: The applicant is requesting preliminary plat approval to allow subdivision of approximately 42 acres into 126 single family residential lots, 5 commercial tracts and 1 tract for future townhome development. SUMMARY OF DECISION: The request is hereby granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on December 6, 2005. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: EXHIBIT "1" - Planning and Community Development Staff Report and Attachments TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the City had provided proper notice of the hearing. The City conducted environmental review for the entire Master Planned Community and has incorporated it into the approval. She then described the traffic improvements. The commercial tracts will remain separate until they are served by a road. The development will have two pocket parks and three acres of parks are to the south, but are not shown on the site plan. The applicant will construct the internal streets to City standards and landscaping and street trees will be provided upon home occupancy. Staff recommends approval. The improvement to the future townhome tract will require a public hearing. CRAIG STEEPY appeared on behalf of the request and testified that the application is consistent with the MPC. The preliminary plat simply implements Phase 2 of the MPC. They have reviewed conditions of approval and agreed to implement them. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS, CONCLUSIONS AND DECISION: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record, viewed the property, heard testimony, and taken this matter under advisement. Notice of the date and time of hearing was published in the Nisqually Valley News in the legal notice section on Friday, November 25, 2005. Notice was mailed to property owners within 300 feet and the site was posted. 3. The City of Yelm Responsible Official issued a Mitigated Determination of Nonsignificance (MDNS) on May 24, 2005. 4. The applicant has a possessory ownership interest in a 42 acre parcel of property located west of SR-510 between Berry Valley Road and Longmire Street SE within the City of Yelm. The applicant requests preliminary plat approval to allow subdivision of the site into 126 single family residential lots, a commercial tract, and a future townhome development. 5. The preliminary plat map shows that access to the commercial area will be provided by an extension of Berry Valley Road which in the future will become Tahoma Boulevard. The commercial tracts are located to the east of said road. The future townhomes are located to the south of Longmire Street and abut the golf course to the east. The single family residential portion of the preliminary plat is located between Longmire Street and Berry Valley Road and to the east of Division 1 of Tahoma Terra. Access is provided by extension of Longmire Street and four, internal, Division 1 roads to the west as well as construction of Terra View Street SE which will loop from the northern portion of Division 1 to Longmire Street. 6. The site is located within the Low Density Residential (R4-6) classification of the Tahoma Terra Final Master Plan Development Guidelines. Said classification authorizes residential single family subdivisions as outright permitted uses and allows a minimum density of four dwelling units per gross acre and a maximum density of six dwelling units per gross acre. The applicant proposes a residential single family subdivision with a gross density of 5.7 dwelling units per acre. The project proposes an average lot size of 5,000 square feet. The R4-6 zone classification provides building height, off-street parking, lot access, and setback requirements which all lots and structures must meet. 7. Chapter 14.12 of the Yelm Municipal Code (YMC) requires new subdivisions to provide a minimum of 5% of the gross area as usable open space. While the preliminary plat shows two small pocket parks, a three acre park abuts the south property line and is part of the overall Master Planned Community (MPC). The MPC provides approximately 60 acres of open space land which includes Thompson Creek and its associated floodplain and wetland system. The applicant will enhance open space areas with park facilities and foot paths. The conceptual and final master plans require a minimum of one pocket park for every 50 dwelling units or a combination of pocket parks with a centrally located pocket park serving the subdivision. As previously found, a larger park is adjacent to the subdivision and the applicant proposes two pocket parks. The plat makes appropriate provision for open spaces, parks and recreation, and playgrounds. 8. A mitigating measure in the MDNS requires the applicant to enter a school mitigation agreement with the Yelm School District. Entry of such agreement will ensure appropriate provision for schools and school grounds. 9. The applicant has elected to use City street standards for all interior residential streets within the subdivision. The applicant will construct all streets to the local access standard which includes two, 11 foot wide, travel lanes; two, seven foot wide, parking lanes; concrete, rolled edge curb and gutter; six foot wide, planter strip with street trees 35 feet on center; five foot wide sidewalk on one side of the street; and streetlighting. The applicant will dedicate all streets to the City upon final plat approval. The subdivision provides for continuation of streets to adjoining subdivisions by extending Berry Valley Drive to the north property line and providing for a continuation of Tahoma Boulevard to the west. The preliminary plat map shows a street grid system and continuation of all streets throughout the MPC. The preliminary plat will comply with the City’s transportation facility charge and will also construct traffic improvements required by the MDNS issued for the MPC. The preliminary plat makes appropriate provision for streets, roads, alleys, and other public ways. 10. The City of Yelm will provide both domestic water and fire flow to the site and the applicant will decommission any existing water wells pursuant to Department of Ecology (DOE) standards. The applicant will assign/dedicate water rights associated with said wells to the City which shall use said water to supply Phase 2. The applicant will also use reclaimed water from the City’s wastewater treatment plant for irrigation, decorative fountains, street cleaning, dust control, fire fighting and other uses with the exception of public consumption. The City will also provide sanitary sewer service to each lot. The preliminary plat makes appropriate provision for potable water supplies and sanitary waste. 11. The applicant will design the stormwater drainage system to City standards as set forth in the 1992 Department of Ecology Stormwater Manual. Said standards require all development to both treat and control stormwater. The conceptual design provides both treatment and infiltration and includes low impact development technologies for stormwater treatment to include rain gardens. The City has reviewed the conceptual report and finds it appropriate. The plat makes appropriate provision for drainage ways. 12. The applicant will construct sidewalks on at least one side of internal plat roads and will provide adequate streetlighting to include street lights at internal street intersections and pedestrian scale lighting along internal portions of residential streets. The plat makes appropriate provision for safe walking conditions. 13. The applicant will comply with all City landscaping standards and has proposed a street tree planting plan which incorporates such requirements. The applicant will landscape the open space areas and stormwater facilities and provide Type 2 landscaping or a fence around the perimeter of the site. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 3. The proposed subdivision is in conformity with the Low Density Residential zone classification of the Tahoma Terra Development Guidelines. 4. All public facilities impacted by the subdivision are adequate and available to serve the development. 5. The project is within the City’s sewer service area and said system has capacity to serve all lots. 6. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision and by helping implement the Tahoma Terra Master Planned Community and therefore should be approved subject to the following conditions: 1. The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. 2. Each dwelling unit with the subdivision shall connect to the City water system. The applicant has provided to the City a “Water Right Conveyance and Right-of-Entry Agreement”. This conveyance establishes the water connection fees. 3. The existing wells shall be abandoned per Washington State Department of Ecology standards. Any water rights associated with the well shall be deeded to the City of Yelm. 4. All conditions for cross connection control as required in Section 246-290-490 WAC. 5. Each dwelling within the subdivision shall connect to the City S.T.E.P. sewer system. The connection fee and inspection fee will be established at the time of building permit issuance. Existing septic systems shall be abandoned per the Thurston County Department of Health standards. 6. The applicant shall connect to the City’s reclaimed water system. All irrigation systems for planting strips and required landscaping located within any open space, stormwater tracts, and the Boulevard shall be served by an irrigation system utilizing reclaimed water where available. The civil plans shall identify proposed reclaimed water lines, meters, and valves. 7. The applicant shall provide a final landscape and irrigation plan for this subdivision as a part of civil plan submission. Landscape plans shall meet Chapter 17.80 YMC, or as amended in the Final Master Plan approval. 8. The applicant shall provide for a minimum of one “pocket park” for every 50 dwelling units, or a combination of “pocket parks”, with a centrally located larger park, serving the proposed subdivisions, and the completion of the proposed open space area located at the southwest end of Longmire Street. 9. The applicant shall pay a mitigation fee for a replacement police station, which is $310 per housing unit. 10. The applicant shall pay a fire protection impact fee. The impact fee for 2006 is $0.216 per sq. ft. of new development. 11. The applicant shall design and construct all stormwater facilities in accordance with the 1992 DOE Stormwater Manual, as adopted by the City of Yelm, and as amended in the Final Master Plan Approval. Best Management Practices (BMP’s) are required during construction. 12. The final stormwater plan shall be submitted with civil engineering plans and shall include an operation and maintenance plan. 13. Storm water facilities shall be located in a separate recorded tract owned and maintained by the homeowners association. 14. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 15. The stormwater system shall be held in common by the Homeowners Association. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. 16. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans prior to final subdivision approval. 17. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 18. The applicant shall be responsible for the installation of hydrant locks on all fire hydrants required and installed as part of development. The applicant shall coordinate with the Yelm Public Works Department to purchase and install required hydrant locks. Hydrant lock details shall be included in civil plan submission. 19. Street lighting is required. Civil plan submittal shall include a lighting design plan for review and approval. 20. Prior to the submission of final plat application, the applicant will provide the Community Development Department an addressing map for approval. 21. The final plat application shall show the neighborhood commercial area as one tract for future commercial development. 22. The applicant shall provide a performance assurance device in order to provide for maintenance of the required landscaping for this plat, until the tenant or homeowners’ association becomes responsible for landscaping maintenance. The performance assurance device shall be 150 percent of the anticipated cost to maintain the landscaping for three years. DECISION: The request for preliminary plat approval of Tahoma Terra Division 2 is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 22nd day of December, 2005. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 22nd day of December, 2005, to the following: APPLICANT: Tahoma Terra LLC 4200 6th Avenue SE, Suite 301 Lacey, WA 98503 AGENT: SCA Consulting OTHERS: Doug Bloom P.O. Box 627 Rainier, WA 98576 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO.: TAHOMA TERRA DIVISION 2 SUB-05-0304-YL (part of MPD-05-0067-YL) NOTICE 1. RECONSIDERATION: Any interested party or agency of record, oral or written, that disagrees with the decision of the hearing examiner may make a written request for reconsideration by the hearing examiner. Said request shall set forth specific errors relating to: Erroneous procedures; Errors of law objected to at the public hearing by the person requesting reconsideration; Incomplete record; An error in interpreting the comprehensive plan or other relevant material; or Newly discovered material evidence which was not available at the time of the hearing. The term “new evidence” shall mean only evidence discovered after the hearing held by the hearing examiner and shall not include evidence which was available or which could reasonably have been available and simply not presented at the hearing for whatever reason. The request must be filed no later than 4:30 p.m. on January 4, 2006 (10 days from mailing) with the Community Development Department 105 Yelm Avenue West, Yelm, WA 98597. This request shall set forth the bases for reconsideration as limited by the above. The hearing examiner shall review said request in light of the record and take such further action as he deems proper. The hearing examiner may request further information which shall be provided within 10 days of the request. 2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner may be appealed to the city council, by any aggrieved person or agency of record, oral or written that disagrees with the decision of the hearing examiner, except threshold determinations (YMC 15.49.160) in accordance with Section 2.26.150 of the Yelm Municipal Code (YMC). NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration, please attach this page to the request for reconsideration.