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Hearing Examiner Decision OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: BENUM/COYNE SUBDIVISION SHORELINE PERMIT SUB-02-8329-YL APPLICANTS: Robert Coyne and Robert Benum Benum Enterprises P.O. Box 73130 Puyallup, WA 98373 AGENT: Terry Brink Gordon, Thomas, Honeywell, Malanca, Peterson & Dahiem, LLP 1201 Pacific Avenue, Suite 200 P.O. Box 1157 Tacoma, WA 98401-1157 ENGINEER: James Crippen, P.E. 2601 South 35th Street, Suite 200 Tacoma, WA 98409 SUMMARY OF REQUEST: The applicants are proposing to subdivide approximately 28.02 acres into 104 single family residential lots in two phases. The property is zoned R-4 Low Density Residential, which allows up to 4 dwelling units per acre. SUMMARY OF DECISION: Request 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 August 4, 2003, at 9:03 a.m. 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 EXHIBIT “2” - Revised Site Plan dated July 31, 2003 EXHIBIT “3” - Modified Site Plan EXHIBIT “4” - Letter Memorandum (bound spiral notebook from Terry Brink) EXHIBIT “5” - Supplemental Memorandum from Terry Brink GRANT BECK appeared, presented the Community Development Staff Report, and testified regarding the modified conditions and plat layout. The Centralia power Canal abuts the north property line and a railroad right-of-way the east property line. The preliminary plat includes lots within a proposed transportation corridor. The MDNS requires a realignment of the Canal Road/Wilkensen Road intersection, and to do so, the applicant will need additional right-of-way. Water and sewer are located about 2,000 linear feet away and the City will not require a looped system as the applicant will install a 12 inch main to the site as opposed to an eight inch main. Residential development is consistent with the City’s shoreline master program. The City traffic consultant prepared two alternative plans which will protect the road corridor. One left the area in open space, but the other authorizes building permits to be issued last on those lots so the City can obtain funding to purchase that portion of the plat for right-of-way. The City wants to preserve the right-of-way in a manner that allows the applicant to further its own goals. They agreed upon the revised site plan. The applicant had to reduce the lot sizes and it initially appeared it would lose several lots. However, the City allowed use of the railroad right-of-way for open space, and the applicant agreed to construct a pedestrian path along said right-of-way. The applicant will build a trail across the plat frontage, but will not construct a fence. The plat once again proposes 104 lots, some of which will use joint access driveways. The City waived the landscape requirements to assist in obtaining right-of-way and also modified road standards allowing one parking strip as opposed to two. The City will cooperate with the developer on sewer and water provision. Concerning Condition 6A, for lots within the corridor, the City will not issue building permits until all other lots have received permits. Such will allow the City time to purchase the right-of-way. Appearing was TERRY BRINK, attorney at law on behalf of the request, who testified that this hearing is held now as a result of the continuance of the July 11, 2003, hearing. Both parties requested the continuance to resolve outstanding issues to include the transportation corridor. On July 2, 2003, they met with the City and focused on the issues, and then met again on July 11, 2003, and accomplished more regarding the resolution of the corridor. The meeting resulted in a modified staff report. They now have new conditions, replaced conditions, and deleted conditions. However, a lot of information in the staff report was not deleted. He introduced Exhibit “4”, his letter memorandum and referred to pages 9-20 for his corridor argument. He does not agree with the original City staff report as the City lacks the authority to require them to do anything if the City has no funding or engineering for a road project. The applicant’s agreement as outlined by Mr. Beck is consensual. The City is also not obligated to accept a fee in lieu of open space, waive landscaping, modify parking requirements, authorize shared access driveways, and restore roads after completion of utility construction. The R-4 zone classification authorizes densities at four dwelling units per acre, and the 104 lots on 28.02 acres calculates to 3.71 dwelling units per acre. They are now surveying the site, and if the parcel measures more than 28.02 acres, they will not request an increase in density. However, if they have less property, they will reduce the number of lots to comply with the four dwelling units per acre. They will provide 61,028 square feet of open space and are satisfied by the fee or construction in lieu thereof. They will enter a voluntary agreement with the school district pursuant to RCW 82.02.020 and have previously talked with the district. Concerning Conditions 1 and 2, they will pay the transportation charge or realign Canal Road. They are required to do the later rather than the former if they obtain a credit for the transportation fee and the amount of right-of-way. If they have insufficient right-of-way, the City can acquire the necessary property. They will meet all setbacks per code. They propose three open space tracts, two of which will be landscaped areas maintained by the homeowners association and the third a storm drainage facility. Exhibit “C” is the conceptual plan and Exhibit “E” addresses the shoreline substantial development permit. If they extend a 12 inch main to the parcel and reduce the water line to eight inches on site, they can provide adequate fire flow. The plat meets all requirements of RCW 58.17.110 and all laws. He introduced Exhibit “5”, his supplemental memorandum. Appearing was JIM CRIPPEN, on behalf of the applicant, who testified that they will use a storm drainage retention system as the soils consist of sandy loam and perc very well. They will collect the drainage at the low point and grade the roads to that area. They will use catch basins and pipes and will construct the drainage system to the requirements of the DOE manual. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:43 a.m. 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. Appropriate notice was provided. The City has performed an environmental review, including review of a transportation analysis, and issued a Mitigated Determination of Nonsignificance on February 7, 2003, with a comment deadline of February 21, 2003, and an appeal deadline of February 28, 2003. Based on comments received during the comment period, the City revised and reissued the Mitigated DNS on May 23, 2003, with an appeal deadline of June 6, 2003. No appeal of the revised MDNS was filed. 4. The applicant has a possessory ownership interest in an unimproved, triangular shaped parcel of property within the City of Yelm. Wilkensen Road abuts the western side of the parcel and the Centralia Power Canal abuts the northern side. The southeastern side of the parcel abuts the Yelm/Roy Prairie Line Railroad. Unincorporated Thurston County abuts the northern side of the canal and the southeastern side of the railroad opposite the site. The applicant requests preliminary plat approval to allow subdivision of the site into 104 single family residential lots. 5. The site plan shows the plat divided into two, independent, unconnected phases. Phase 2 in the northern portion of the site adjacent to the canal consists of lots 55-104. Access to Phase 2 is provided by an internal plat road accessing from Wilkensen Road SE at the northwest corner of the parcel adjacent to the canal. Said internal road extends southeast to the eastern portion of the site, and four cul-de-sac roads extend south periodically along said road. Phase 1 consists of lots 1-54 and has two accesses onto Wilkensen Road which allow for a looped road system and cul-de-sac. Canal Road SE and Wilkensen Road SE intersect at a sharp angle immediately south of the southern access for Phase 1. An Olympic Pipeline Company 30 foot wide easement extends through the plat in a northeast/southwest direction, entering the plat near the intersection of N.P. Road SE and Canal Road and exiting the parcel at the northeastern corner. The plat map shows an open space tract located between the railroad and the Olympic Pipeline easements, and a second open space tract located adjacent to the canal between the western property line of lot 104 and the right-of-way of the internal plat road. 6. The Centralia Power Canal conducts water diverted from the Nisqually River to a hydroelectric generating facility located west of the City of Yelm. Pursuant to the State Shoreline Management Act, the power canal meets the definition of “Shoreline of the State”. The Thurston County Shoreline Master Program (SMP) designates the area within 200 feet of the canal as Urban Shoreline Environment. The applicant’s proposal for a single family residential subdivision complies with uses contemplated for the Urban Environment. 7. A visit to the site establishes that the parcel is located in a rural area of the City, but parcels to the west across Wilkensen Road SE are located within either an industrial zoning district or an R-4 residential district and will likely develop in accordance therewith. The railroad will eventually serve said industrial area. The property appears level and ranges in elevation from 336 feet at the southwest corner to 320 feet at the Tract C storm drainage facility adjacent to the canal. 8. The City and the applicant resolved the most serious issue affecting plat approval. The parties agreed to a method of preserving a transportation corridor for a future SR-510/SR-507 loop which will provide a bypass around the City for travelers on both routes. The City has identified the route, prepared an environmental assessment (EA) pursuant to the National Environmental Policy Act (NEPA), and issued a Finding Of No Significant Impact (FONSI). The City Council updated the Yelm Comprehensive Plan in 2000 and adopted the preferred alternative corridor, and the City’s Six Year Transportation Improvement Program identifies the loop. However, the project remains unfunded. The applicant and the City have agreed on a revised preliminary plat (Exhibit “3”) which eliminates road connections between the two phases of the plat (which would cross the corridor) and have also agreed that the applicant will not ask for building permits for any lots within the corridor until permits have issued for all other lots in the plat. Such will allow the City the opportunity to acquire funds to purchase the corridor. Upon acquisition of the corridor, cul-de-sacs currently shown therein will be eliminated. 9. The original site plan maintained most of the parcel between the Olympic Pipeline Company easement and the railroad right-of-way as open space. Said area plus the storm water facilities measured 133,688 square feet, far greater than the required 61,027 square feet for a 104 unit subdivision. Because of the changes to the plat necessitated by the preservation of right-of-way, the applicant now proposes single family residential lots in most of the open space area and has reduced the amount of open space below that required for a 104 lot subdivision. To meet the open space requirements of the code, the City has authorized the applicant to utilize the City railroad right-of-way to construct a pedestrian trail along the property frontage. The City plans to construct a trail in said location which will consist of a ten foot asphalt walkway along with a fence separating the trail from the railroad tracks. The applicant will not construct the separation fence as the City does not presently utilize the railroad. The City has also agreed to waive the landscaping requirements along the railroad and canal as such features accomplish the same goal of separating adjacent land uses. The City also waived the original proposal of a six foot tall, board fence along said boundaries. The plat makes appropriate provision for open spaces, parks and recreation, and playgrounds. 10. The applicable R-4 zoning district has neither a minimum nor maximum lot size requirement, but authorizes a maximum density of not more than four dwelling units per gross acre (Section 17.12.020(A)(1) of the Yelm Municipal Code). Furthermore, Section 17.12.050 of the Yelm Municipal Code (YMC) limits building coverage to 50% of the lot size and development coverage to 75%. The applicant is presently conducting a survey of the parcel, but has committed to a maximum of 104 lots and a maximum of four dwelling units per gross acre regardless of the size of the parcel. The preliminary plat proposes a minimum lot area of 5,500 square feet and an average lot area of 8,646 square feet. The City finds that the proposed lot sizes will allow structures to meet all required setbacks and other bulk regulations of the R4 zone classification. 11. Parcels abutting the northern and southeastern property lines are located within unincorporated Thurston County and zoned for lower density residential uses. The Centralia Power Canal and the railroad right-of-way provide substantial buffering between the project and its proposed lot sizes from uses and lot size requirements in Thurston County. 12. As previously found, the three sided parcel abuts Wilkensen Road on the west, the canal on the north, and the railroad right-of-way on the southeast. Thus, Wilkensen Road provides the only vehicular access to the property. The 1992 Yelm Comprehensive Transportation Plan includes policies and regulations requiring the continuation of streets to adjoining properties and subdivisions. However, the canal and railroad prevent extensions of the plat roads to adjacent parcels. 13. Heath and Associates, a qualified traffic engineering firm, prepared a Traffic Impact Analysis (TIA) which found that a 108 lot subdivision would generate 1,034 vehicle trips per day with a p.m. peak volume of 109 vehicles. All such vehicles will access onto Wilkensen Road, and the TIA estimates that virtually all traffic will travel southbound through the intersection of Wilkensen Road/Canal Road. Canal Road currently intersects Wilkensen Road at an angle of approximately 50 degrees. Such does not provide safe entering and stopping sight distance for vehicles entering Wilkensen Road from Canal Road. The addition of 1,034 weekday trips will exacerbate safety issues for drivers on Canal Road. A mitigating measure in the MDNS requires the applicant to realign said intersection and eliminate the safety concern. The applicant will construct said improvements in lieu of paying the transportation facility charge of $757.50 per unit. 14. The applicant will also improve Wilkensen Road to Neighborhood Collector standards which require 16 foot drive lanes, vertical curb, seven foot planter strip with trees 35 feet on center, street lighting, and a five foot wide sidewalk. The City has agreed to modify the internal plat road standards by eliminating one lane of on-street parking, and requiring landscape islands on the other side of the street to clearly define the remaining single parking lane. The City has also authorized flag lots and lots with narrow frontages on cul-de-sacs to utilize shared driveways. The plat makes appropriate provision for streets, roads, alleys, and other public ways. 15. The applicant has submitted a preliminary storm water report which estimates the impervious surface, infiltration rates for runoff, and conceptual design for treatment and storage. The applicant proposes to grade the roads such that water will flow to the north to the storm drainage facility adjacent to the canal. The applicant will construct all storm water facilities in accordance with the current storm water manual adopted by the City Council. Said standards include best management practices during construction. The plat makes appropriate provision for drainage ways. 16. As previously found, the applicant will provide both domestic water and fire flow to the site by extending an existing water main in N.P. Road SE approximately 1,200 feet to the plat boundary. The applicant will upsize the line to 12 inches from the point of connection to the subdivision boundary and extend eight inch lines throughout the plat. Such will eliminate the necessity of a looped system. The nearest existing sewer line is located at the intersection of N.P. Road and Rhoton Road approximately 3,500 feet to the south of the project. The applicant will construct a sewer line from said intersection to the subdivision to provide sanitary sewer service. The City has agreed to reconstruct public roads disturbed during the installation of the water and sewer lines and also provide a Latecomers Agreement pursuant to Chapter 13.12 YMC. Thurston County Fire District No. 2 will provide fire supression service, and the applicant will install fire hydrants which meet minimum City standards. The preliminary plat makes appropriate for water supplies, sanitary waste, and fire protection. 17. A mitigating measure in the MDNS requires the applicant to enter a voluntary agreement with the Yelm School District to offset the impacts to the district of school aged children residing in the plat. Compliance with said agreement will ensure that the plat makes appropriate provision for schools and school grounds. 18. As previously found, the applicant will construct a sidewalk on the east side of Wilkensen Road across the plat frontage and a sidewalk on one side of internal plat roads. The plat makes appropriate provision for sidewalks and safe walking conditions. 19. The applicant has also requested a shoreline substantial development permit as the plat abuts the Centralia Power Canal which is subject to the Thurston County SMP. Applicable provisions of the SMP state that residential development should not exceed 35 feet above grade, that storm drainage facilities should prevent direct entry of surface water runoff into receiving waters, that subdivisions provide general public access to and along shorelines historically used by the public for recreation, and that local development regulations establish setback, lot area, and density requirements. The R-4 zoning district limits structural height to 35 feet, and the storm drainage plan shows no direct entry of surface water runoff into the canal. Furthermore, the public has not historically used the canal bank for recreational purposes. The proposed subdivision complies with the regulations of the SMP and therefore satisfies the requirements for a substantial development permit. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that 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, sidewalks, and other features assuring safe walking conditions. 3. The applicant has shown that public facilities impacted by the subdivision will remain adequate and available to serve the new lots currently proposed. 4. The project is located within an approved sewer service area which has the capacity to serve all lots within the subdivision assuming construction of a new sewer line from the intersection of Groton Road and N.P. Road. 5. Assuming compliance with conditions of approval and mitigating measures set forth in the MDNS, the preliminary plat will conform with the Yelm-Thurston County Joint Comprehensive Plan, the City zoning code, the City subdivision code, the Shoreline Management Act and Master Program for Thurston County, and the City of Yelm Development Guidelines. 6. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a low density, single family residential subdivision located in an area of the City proposed for substantial growth and with substantial recreational opportunities to include a trail and water canal. Therefore, the proposed preliminary plat of Mountain Sunrise should be approved subject to the following conditions: Setbacks shall be as shown on the revised site plan dated July 17, 2003. The applicant shall construct a 10 foot wide asphalt pedestrian trail as identified in the Yelm Rail with Trail proposal for acquisition of the railroad right-of-way, provided that a fence shall not be constructed along the subdivision frontage within the City of Yelm railroad right-of-way. This shall satisfy the open space requirements of Chapter 14.12 YMC by providing usable public open space. Pursuant to the Mitigated DNS, the proponent shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building permit issuance. Pursuant to the Mitigated DNS, the applicant shall mitigate impacts to Canal Road through realigning Canal Road with Wilkensen to meet City Standards for intersections, provided that the cost of improvement does not exceed the Transportation Facility Charge and no additional right-of-way is required for the realignment. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm’s Development Guidelines. Frontage improvements for Wilkensen Road shall be consistent with the section “Neighborhood Collector”. Interior street improvements shall be consistent with the section “local access residential”. Frontage improvements shall include a bus pad constructed to Intercity Transit’s standards. The neighborhood collector road standard shall be modified for all roads within the subdivision to include: A 5 foot (5’) sidewalk; A six foot (6’) planting strip; A one and one half foot (1 ½ ‘) rolled concrete curb; Two eleven foot (11’) asphalt travel lanes; A nine foot (9’) parking lane with period landscape planters to clearly delineate the parking area. A one and one half foot (1 ½’) rolled concrete curb; A six foot (6’) planting strip. A road section prepared by the Applicant’s engineer is included in the revised site plan dated July 17, 2003, which represents the specifications acceptable to the City of Yelm. Shared driveways will be allowed for the following lots: 21 and 22 52, 53, and 54 72 and 73 23 and 24 55 and 56 80 and 81 25 and 26 57 and 58 82 and 83 27 and 28 62 and 63 84 and 85 35, 36, 37, and 38 65 and 66 87 and 88 39 and 40 68 and 69 89 and 90 41 and 42 70 and 71 91 and 92 No building permit shall issue for any of the lots listed below, all of which are situated in Phase II of the subdivision and within the proposed 501/507 corridor, until building permits have been issued for every other lot located outside the corridor: 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 68, 69, 70, 71, 72, 73, 74, 80, 81, 82, 83, 84, 85, 86 and 87. Once building permits are issued on all other lots than those listed above the applicant may apply for building permits on any and all of the lots listed above without regard to the sequence or number of lots. The applicant shall connect to the City’s water system. Water ERU’s (equivalent residential units) are based on a consumption rate of 240 gallons per day and are currently charged at a rate of $1,500/ERU (subject to change) inside city limits. This fee is payable at time of building permit issuance. If required fire flows cannot be met through the connection of the project to the existing line at N.P. Road, the developer shall complete the loop by extending a 10 inch water main from the project site to the existing 8 inch line near the end of Wilkensen Road. The City of Yelm will coordinate and be responsible for the reconstruction of N.P. Road and Wilkensen Road after installation of the water line by the applicant. Civil plan review and approval shall include the timing of installation to coordinate with the City’s road maintenance program and condition of the backfilled utility trench. The processing of the applicants’ final plat approval shall not be delayed due to the timing of the City’s satisfaction of this condition. The applicant shall connect to the City’s S.T.E.P. System. The S.T.E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Community Development Department for review and approval. Sewer connection fees for properties participating in the LID are charged at the current discount rate of $2,620.00 per connection (fee subject to change), payable at building permit issuance. All connections require an inspection, with a fee of $145.00 per connection, also payable at building permit issuance. These fees will be assessed at building permit issuance for each lot. The City of Yelm will coordinate and be responsible for the reconstruction of N.P. Road and Wilkensen Road after installation of the sewer line by the applicant. Civil plan review and approval shall include the timing of installation to coordinate with the City’s road maintenance program and condition of the backfilled utility trench. The processing of the applicants’ final plat approval shall not be delayed due to the timing of the City’s satisfaction of this condition. The applicant shall design and construct all storm water facilities in accordance with the current Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP’s) are required during construction. The applicant shall compile a final storm water report along with construction drawings. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. The applicant shall submit a storm water operation and maintenance plan at the Community Development Department for approval prior to final plat approval. 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. 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. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards, including flow requirements. Per the City of Yelm’s Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. Prior to the submission final plat application, the applicant will provide the Community Development Department with a proposed subdivision name which is unique within the City of Yelm and Thurston County and is distinguishable from other subdivision names and an addressing and street name plat map for approval. The applicant shall comply with the mitigation requirements of the MDNS issued on February 7, 2003, and revised on May 23, 2003. Mitigation includes: The proponent shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building permit. Prior to final subdivision approval, the developer shall realign Canal Road with Wilkensen to meet City standards for intersections, provided that the cost of improvement does not exceed the Transportation Facility Charge in condition 1 above and no additional right-of-way is required for the realignment. The TFC’s for the project required pursuant to Mitigation Measure No. 1 above shall be waived, in their entirety, in the event that the for the cost of realignment described in this Mitigation Measure 2 is effected by the proponent. Prior to final subdivision approval, the proponent shall submit to the City of Yelm a signed school mitigation agreement between the developer and the Yelm School District. 25. The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space and stormwater facilities. The landscaping requirements for the northern and eastern boundaries of the property adjacent to the Centralia power canal and the City’s railroad right-of-way are waived, including the previously planned fencing. Landscaping within remaining common open space areas, tracts A and B, shall be Type VII, or lawn, at the sole discretion of the Applicant. 26. The decision set forth herein is based upon representations made and exhibits, including plans and proposals submitted at the hearing conducted by the hearing examiner. Any substantial change(s) or deviation(s) in such plans, proposals, or conditions of approval imposed shall be subject to the approval of the hearing examiner and may require further and additional hearings. 27. The authorization granted herein is subject to all applicable federal, state, and local laws, regulations, and ordinances. Compliance with such laws, regulations, and ordinances is a condition precedent to the approvals granted and is a continuing requirement of such approvals. By accepting this/these approvals, the applicant represents that the development and activities allowed will comply with such laws, regulations, and ordinances. If, during the term of the approval granted, the development and activities permitted do not comply with such laws, regulations, or ordinances, the applicant agrees to promptly bring such development or activities into compliance. DECISION: The request for preliminary plat approval of Mountain Sunrise (Exhibit “3”) is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 25th day of August, 2003. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 25th day of August, 2003, to the following: APPLICANTS: Robert Coyne and Robert Benum Benum Enterprises P.O. Box 73130 Puyallup, WA 98373 AGENT: Terry Brink Gordon, Thomas, Honeywell, Malanca, Peterson & Dahiem, LLP 1201 Pacific Avenue, Suite 200 P.O. Box 1157 Tacoma, WA 98401-1157 ENGINEER: James Crippen, P.E. 2601 South 35th Street, Suite 200 Tacoma, WA 98409 City of Yelm c/o Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO: BENUM/COYNE SUBDIVISION SHORELINE PERMIT SUB-02-8329-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 September 5, 2003 (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.