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Hearing Examiner Decision OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: PRELIMINARY PLAT OF OAK RIDGE SUB-04-0148-YL APPLICANT: YELM PROPERTY DEVELOPMENT LLC, DENNIS BALASCIO SUMMARY OF REQUEST: The applicant is proposing to subdivide approximately 11.91 acres into 44 single family residential lots. The property is zoned R-6 Medium Density Residential, which allows up to six dwelling units per acre. The site encompasses three parcels, and currently has two existing homes that will be demolished. 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 February 7, 2005, at 9:00 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 Preliminary Plat TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the parcel is located in the R-6 zone classification and proposes a density of 3.7 dwelling units per acre. Proper notice was given and the environmental official issued a Mitigated Determination of Nonsignificance and required traffic mitigation. Staff has included a condition of approval addressing access to corner lots and those abutting a cul-de-sac. Staff wants the driveways to access certain streets. 25% of the site will remain in open space which includes an undisturbed floodplain. In accordance with the City’s traffic comprehensive plan, the applicant will continue a plat road south from the Prairie Creek subdivision and will extend that road to its own south property line. Since the applicant installed sewers in Middle Road in another project, it has waived its latecomers agreement rights. However, the City still needs to impose the 10% administrative fee to release the lien. The applicant has selected Oak Ridge as the subdivision name. The revised preliminary plat map shows the storm drainage pond removed from the floodplain area. The storm drainage system will create no groundwater impacts. DENNIS BALASCIO appeared and testified that he is the applicant and has no problems with either proposed conditions of approval or the staff report. The revised preliminary plat map introduced as Exhibit “2” shows the storm drainage facilities outside of the floodplain. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:30 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, heard testimony, and taken this matter under advisement. 2. Notice of the date and time of public hearing was published in the Nisqually Valley News in the legal notice section on January 28, 2005. Notice of the date and time of public hearing before the Hearing Examiner was posted on the project site, mailed to the owners of property within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on January 24, 2005. 3. The City of Yelm SEPA Responsible Official issued a Mitigated Determination of Nonsignificance based on WAC 197-11-158 on November 2, 2004. No appeals were filed. 4. The applicant has a possessory ownership interest in three parcels of property totaling 11.91 acres abutting the west side of Middle Road SE, south of the Prairie Creek Subdivision within the City of Yelm. Improvements on the site include two single family residential dwellings. The applicant proposes to remove said dwellings and subdivide the site into 44 single family residential lots which calculates to a density of 3.7 dwelling units per acre. 5. The preliminary plat map shows that Yelm Creek flows in a southeast to northwest direction along the western property line, and that the 200 foot wide setback area will remain as undisturbed open space. The 100 year floodplain of Yelm Creek extends approximately 175 feet east of the undisturbed open space buffer and will also remain in open space, but will include a stormwater retention basin. Thus, the lot lines for the nearest lots will measure approximately 375 feet from the ordinary high water mark of the creek. The plat map shows primary access onto Middle Road SE and a secondary access into the plat of Prairie Ridge to the north. The applicant will also extend the road connecting with Prairie Ridge to the south property line where it will connect to an internal plat road if such property is subdivided in the future. Two cul-de-sac roads extend north from the main east/west plat road and one cul-de-sac road extends to the south therefrom. All lots will access onto internal plat roads. 6. The City environmental official issued a Mitigated Determination of Nonsignificance (MDNS) on November 2, 2004, and received no appeals. Mitigating measures in the MDNS require payment of the City Transportation Facility Charge of $757.57 per dwelling unit; improvement of the south half of Middle Road to neighborhood collector standards across the plat frontage; construction of internal streets to City standards for local access residential; and the provision for the continuation of streets by extending an internal plat road to the south property line. Mitigating measures also require the protection of the flood hazard area of Yelm Creek by maintaining the flood zone in open space. Finally, the MDNS requires the applicant to enter into a mitigation agreement with the Yelm School District. 7. Abutting and nearby uses include a single family residential subdivision with equivalent lot sizes to the north and to the east across Middle Road. Single family residential properties also exist west of Yelm Creek. The site and surrounding properties are located within the Medium Density Residential designation of the City Comprehensive Plan and the R-6 Medium Density Residential zone classification of the Yelm Municipal Code (YMC). 8. Chapter 17.15 YMC addresses the criteria for the R-6 zone classification and Section 17.15.020 authorizes single family residential dwellings at densities not more than six dwelling units per gross acre and not less than three dwelling units per gross acre in the R-6 classification. Section 17.15.050 YMC does not set forth a minimum lot area or lot width requirement. The preliminary plat proposes a gross density of 3.7 dwelling units per acre and a minimum lot size of approximately 5,000 square feet. The project therefore complies with the bulk regulations of the R-6 classification. 9. Section 14.12.040(B) YMC requires single family residential subdivisions to dedicate an area equal to or greater than 5% of the gross area of the proposed development. The 200 foot wide, open space buffer adjacent to Yelm Creek and preservation of the floodplain in open space far exceeds the YMC requirements. 10. As previously found, the applicant will mitigate the impacts to the Yelm School District by entering into an agreement which will require the payment of mitigation fees to the district. As previously found, the MDNS requires road improvements to Middle Road and construction of internal plat roads to City standards. The applicant will also connect to the Prairie Creek subdivision to the north and provide a connector thereto and will also provide a connector to the undeveloped parcel to the south. The applicant must also comply with the City Transportation Facility Charge, and will provide a minimum of two parking spaces per dwelling. The residential streets themselves will allow additional parking on both sides. 11. An existing water main is located within Middle Road in front of the parcel and the applicant will extend water lines therefrom into the plat. The applicant will extend sanitary sewers into the site from a sewer main also located within Middle Road. The applicant constructed the sewer and water mains in Middle Road, but must pay City connection charges for both water and sewer. 12. The City has adopted the 1992 Department of Ecology Stormwater Manual which requires all developments to treat and control their stormwater. The applicant has submitted a preliminary stormwater report which includes a conceptual design for the treatment and infiltration of stormwater. Staff has reviewed the plan and finds it acceptable. The stormwater facilities should provide adequate infiltration facilities which will have at least three feet of vertical separation from groundwater. The homeowners will maintain the stormwater facilities in proper working conditions. Compliance with adopted City stormwater management standards will ensure that the plat makes appropriate provision for storm drainage. 13. The applicant will install streetlighting within the subdivision in accordance with City requirements and has reserved the name of Oak Ridge for the plat. Chapter 17.80 YMC requires the perimeter of a single family residential subdivision abutting other uses to be landscaped with a Type 2 landscaping buffer. However, the City allows fencing to meet the landscaping requirement along the perimeter, and the applicant desires to fence the site. 14. Prior to obtaining approval of a preliminary plat the applicant must establish that the request satisfies the criteria set forth in Section 16.12.170 YMC. Findings on each criteria are hereby made as follows: A. 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. B. As previously found, the subdivision meets the requirements of the applicable R-6 zone classification and other applicable development regulations. C. City public facilities are adequate and available to serve the proposed subdivision. D. As previously found, the site is within an approved sewer service area which has lines capable of serving all lots. E. The preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision while protecting Yelm Creek. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the request for preliminary plat approval meets all criteria set forth in Section 16.12.170 YMC and therefore should be approved subject to the following conditions: Those corner lots specified below shall place driveways and fronts of houses as follows: Lot 1 – Driveway faces the cul-de-sac street, house fronts the cul-de-sac street. Lot 7 – Driveway faces Cascadian, house fronts Cascadian. Lot 8 – Driveway faces Cascadian, house fronts Cascadian Lot 15 – Driveway faces Cascadian, house fronts Cascadian Lot 16 – Driveway faces Cascadian, house fronts Cascadian Lot 27 – Driveway faces Cascadian, house fronts Cascadian Lot 34 – Driveway faces Cascadian, house fronts Cascadian Lot 35 – Driveway faces the cul-de-sac street, house fronts the cul-de-sac street. Frontage improvements to Middle Road shall be constructed per Yelm Development Guidelines “Neighborhood Collector”. Internal streets within the subdivision will be constructed per Yelm Development Guidelines for “Local Access Residential”, and shall be modified at the entrances into the cul-de-sacs with “bulb-outs” to provide traffic calming along Cascadian Avenue. The applicant shall provide for sidewalk connections to the entrance into the subdivision to the west, and to the future subdivision entrance to the east. The applicant shall mitigate transportation impacts based on the new peak P.M. trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak P.M. trips per single family dwelling, payable at time of building permit issuance. The applicant shall protect the Flood Hazard Zone area, by assuring that encroachments shall not result in any increase of flood levels. The flood hazard zone area, and the Shoreline jurisdiction area shall be dedicated as open space. Protective fencing shall be installed at the flood zone area during all construction. The applicant shall provide pedestrian access to the dedicated open space. The applicant shall provide an easement to the City of Yelm for access to Yelm Creek The applicant shall pay the City the 10 percent administration fee to release the latecomer lien on the properties. Each dwelling unit with the subdivision shall connect to the City water system. The connection fee and meter fee will be established at the time of building permit issuance. All conditions for cross connection control as required in Section 246-290-490 WAC. All planting strips and required landscaping not located within 75’ of a hose spigot shall be served by an irrigation system with a separate water meter and an approved backflow prevention device. The applicant shall submit a final landscape and irrigation plan at the time of civil plan submission. 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. The applicant shall design and construct all stormwater facilities in accordance with the 1992 DOE Stormwater Manual, as adopted by the City of Yelm. Best Management Practices (BMP’s) are required during construction. The applicant shall prepare a stormwater plan to meet high ground water issues. The plan shall be submitted with civil engineering plans and shall include an operation and maintenance plan. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 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. 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 an addressing map for approval. The applicant shall comply with the mitigation requirements of the MDNS issued on November 2, 2004. The applicant shall submit a final landscaping and irrigation plan with the civil engineering plans to include the perimeter of the project site, planter strips, and stormwater facilities. The applicant shall provide a performance assurance device in order to provide for maintenance of the required landscaping 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 Oak Ridge is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 10th day of February, 2005. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 10th day of February, 2005, to the following: APPLICANT: YELM PROPERTY DEVELOPMENT LLC DENNIS BALASCIO 21709 96th Avenue W. Edmonds, WA 98020 OTHERS: Sheila Ogburn 16130 Prairie Creek Loop SE Yelm, WA 98597 Bobbie and Karen Hurd 16118 Prairie Creek Loop SE Yelm, WA 98597 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO.: PRELIMINARY PLAT OF OAK RIDGE SUB-04-0148-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 February 22, 2005 (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.