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Hearing Examiner Decision OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: SUB-05-0011-YL - MOUNTAIN SHADOW APPLICANT: Bob Benum P.O. Box 73130 Puyallup, WA 98373 AGENT: Apex Engineering 2601 South 35th Street, Ste. 200 Tacoma, WA 98409 SUMMARY OF REQUEST: The applicant is requesting preliminary plat approval to allow subdivision of approximately 20 acres into 82 single family residential lots. 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 July 5, 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 EXHIBIT “2” - Revised Site Plan EXHIBIT “3” - Storm Drainage Plan EXHIBIT “4” - Utility Connection EXHIBIT “5” - Comprehensive Grading and Utility Plan EXHIBIT “6” - Comprehensive Street and Planting Plan EXHIBIT “7” - Email from Grant Beck re: condition no. 1 EXHIBIT “8” - Fax from Jim Crippen to Examiner re: condition no. 25 GRANT BECK appeared, presented the Community Development Department Staff Report, and testified that the main issue concerning the plat is the SR-510 corridor. The applicant will authorize the same condition as in the Mountain Sunrise plat which will defer building permits on those lots affected by the corridor. Such will allow the State time to acquire funds to purchase the right-of-way. The applicant has dedicated some property for right-of-way in addition and has limited the number of lots within the corridor to 13. During the subdivision process the State allocated $32 million for acquisition, but such postdated the application and therefore is not considered. The bypass project eliminated a proposed signalized intersection at Wilkenson and replaced it with a roundabout. The applicant had to redesign the plat to accommodate the roundabout. The previous design showed 27 lots taken for the corridor and are now reduced to 13. Canal Road will terminate in a cul-de-sac and therefore lots can access directly onto the road. The City will not allow parking until installation of the cul-de-sac. The applicant must improve Wilkenson to the roundabout and beyond that the State will assume responsibility. The Centralia trail is a trade-off for the open space. The applicant will not apply for building permits for homes within the corridor until building permits for all other lots have been issued. DOT may start acquiring property later this year. JIM CRIPPEN, Apex Engineering, appeared and thanked staff for its professionalism and the ability to work together over the past months. He introduced a revised site plan as Exhibit “2” and a storm drainage plan as Exhibit “3”. He also introduced Exhibit “4”, a utility connection, Exhibit “5”, the comprehensive grading and utility plan, and Exhibit “6”, the comprehensive street and planting plan. The site consists of flat to rolling topography with an elevation difference of 10 feet from south to north. The property falls from west to east about four feet. The current use of the site consists of a single family dwelling and pasture. The underlying Spanaway soils are free draining and they propose infiltration of storm water. They will remove all structures and will decommission the one well per the Health Department. The site is located in the R4 zone classification and they propose a density of four dwelling units per acre. Public streets, City water, and City sewer will serve the site. They will infiltrate roof drainage on each lot and will direct runoff from driveways and roads to a catch basin and eventually to Tract A. They will treat the water before its infiltration into the ground. They propose an average lot size of 7,200 square feet and will meet the standard setbacks. They have shown setbacks on some irregularly shaped lots and have identified the front yard. Two shared driveways will provide access to four homes. He requested clarification of Condition No. 1. In Mountain Sunrise the City designed Wilkenson as a Neighborhood Collector, but now requests its design as an urban arterial which is a substantially difference standard. They have already constructed Wilkenson to the Neighborhood Collector standards for the Mountain Sunrise division. Concerning Condition No. 25, they have concerns with the absolute requirement. They request a rewriting of the condition to require them to work with the State. They are close to final design and development will follow the natural contours. They desire a finding of fact providing that the project satisfies the requirements for a shoreline substantial development permit. He suggested the same finding as No. 19 in the Mountain Sunrise subdivision. The conditions are identical. The site is located in an area of the City that is presently developing. The cul-de-sac will not be installed until the bypass is completed. MR. BECK reappeared and testified that the language proposed for Condition 25 is acceptable. Concerning Wilkenson, the primary area is between Canal Road and the end loop. It will need a center turn lane. The improvement may not affect the construction standards as the center turn lane is the only difference in the standards. MR. CRIPPEN reappeared and testified that the applicant will do whatever the City wants. They prefer a mirror of the other side of the road. No one spoke further in this matter. The Examiner left the record open for preparation of agreed language for Conditions 1 and 25. 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. 2. A Mitigated Determination of Nonsignificance was issued on June 13, 2005. 3. Notice of the date and time of the public hearing was posted on the project site, mailed to property owners within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on June 24, 2005. Notice was also published in the Nisqually Valley News in the legal notice section on June 24, 2005. 4. The applicant has a possessory ownership interest in a triangular, 20.55 acre parcel of property located within the City of Yelm. Wilkenson Road abuts the parcel along the east property line, the Centralia Power Canal abuts the north property line, and Canal Road SE forms the hypotenuse of the triangle as it abuts the southwest property line. The applicant requests preliminary plat approval to allow subdivision of the site into 82 single family residential lots with an average lot size of 7,244 square feet. 5. The preliminary plat map shows that the parcel abuts Wilkenson Road for 1,240 feet, the power canal for 1,350 feet, and Canal Road for 2,030 feet. The preliminary plat map shows development of the site in two phases with Phase 1 located south of the proposed SR-510/507 loop. Internal plat roads with two access onto Canal Road will serve all lots within said phase. Phase 2, located north of the loop, consists of 11 lots served by a cul-de-sac road extending east from Canal Road. Tract A, a 1.41 acre stormwater facility, is located at the southwest corner of Wilkenson Road and the canal, and Tract B, a 1.83 acre open space, will become park of the SR-510 loop. 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 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. A single family residential subdivision complies with uses contemplated for the urban environment. 7. The City and the applicant have resolved the most serious issue affecting plat approval. The parties have agreed to a method of preserving a transportation corridor for the SR-510/SR-507 loop which will provide a bypass around the City for travelers on both routes. As in the Mountain Sunrise subdivision abutting the east side of Wilkenson Road, the applicant and the City have agreed to a revised preliminary plat (Exhibit “2”) which provides no road connections between the two phases of the plat (which would cross the corridor) and have also agreed that the applicant will not request building permits for any lots within the corridor (lots 50, 51, and 61-71) until permits have issued for all other lots. Such will allow the City and the State of Washington to acquire funds to purchase the corridor. Upon acquisition of the funds, the City and State will purchase the portion of the corridor crossing the parcel to include the 13 lots therein. The corridor plans show a roundabout at the intersection of the bypass with Wilkenson Road. Said road will become an arterial and Canal Road will terminate at a cul-de-sac adjacent to the south right-of-way line at the corridor. Canal Road will also terminate in a cul-de-sac on the north side of the corridor. All lots in Phase 2 will access to the north and all lots in Phase 1 to the south. 8. The site is located within the Low Density Residential (R4) zone classification which 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 area and overall development coverage to 75% of the lot area. The project as designed proposes 82 lots on 20.55 acres which calculates to a gross density of 3.99 dwelling units per acre. Proposed lot sizes and configurations will allow structures to meet all required setbacks and all other bulk regulations of the R4 zone classification. 9. Parcels to the north across the Centralia Power Canal and parcels to the southwest across Canal Road are located within unincorporated Thurston County. Parcels to the southeast consist of agricultural lands and single family homes on large parcels. The Nisqually Pines single family residential development is located northeast of the site across the canal, and vacant parcels and residential uses abut the north side of the canal. The Mountain Sunrise subdivision to the east is also located in the R4 zone classification. While Thurston County has zoned parcels to the north and southeast for lower density residential uses, the canal and Canal Road provide buffering between the present project and the uses and lot size requirements in Thurston County. 10. Chapter 14.12 YMC requires a plat applicant to dedicate a minimum of 5% of the gross area of a new subdivision as usable open space, and further provides that no more than 5% of such dedicated space will consist of impermeable surfaces. To mitigate the impacts of the SR-510/507 loop, the applicant proposes to dedicate portions of the required loop right-of-way in lieu of providing a specific open space tract. The City has accepted the proposal as the loop will include pedestrian trails that will link to the future trail system incorporated into the Yelm/Roy Prairie Line owned by the City. The plat makes appropriate provision for open space, parks and recreation, and playgrounds. 11. A mitigating measure in the MDNS requires the applicant to enter a school mitigation agreement with the Yelm School District to offset the impact on the district of school aged children residing in the plat. The entry of such agreement will ensure that the plat makes appropriate provision for schools and school grounds. 12. As previously found, the SR-507/510 loop will bisect the property. The City previously 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. The State has recently allocated $32 million for acquisition of property. The revision of the intersection of Wilkenson Road from a traffic signal to a roundabout required the applicant to redesign the plat. As previously found, the applicant has also agreed not to obtain building permits for lots within the corridor until all other lots have secured building permits, and has also agreed to dedicate Tract B to the City for right-of-way purposes. 13. Based upon the above mitigation measures the City and the applicant have agreed to the applicant constructing the western half of Wilkenson Road to a Neighborhood Collector from its intersection with Canal Road to SR-510 except that the asphalt width will equal 18 feet. The applicant will construct Canal Road as a local access residential street based upon its closure at the loop right-of-way. The applicant will construct the internal plat road serving the lots north of the loop to a modified local access street with curb and gutter, two 11 foot wide travel lanes, a seven foot wide parking lane, six foot wide planter strip, and five foot wide sidewalk within a 43 foot right-of-way. The southern internal plat roads will consist of the same improvements with the exception of a nine foot wide parking lane and a 51 foot wide right-of-way. 14. Section 16.16.090 YMC requires that new subdivisions provide for the continuation of streets to adjoining subdivisions and to provide for the continuation of new streets within the subdivision to adjacent parcels. The applicant cannot meet these requirements due to the parcel’s triangular shape and the location of the canal. The parcel does not directly abut any developable properties. The applicant will comply with the City’s transportation facility charge. The plat makes appropriate provision for streets, roads, alleys, and other public ways. 15. The City will provide both domestic water and fire flow to the site and will likewise provide sanitary sewer service to each lot. The developers of Mountain Sunrise constructed both a waterline and sewer main in Wilkenson Road and the applicant will connect to said lines and also participate in a latecomers agreement. 16. The applicant will construct the stormwater management facilities in accordance with City standards which are found in the 1992 Department of Ecology’s Stormwater Manual. Said standards require both treatment and control of stormwater runoff. Compliance with City standards will ensure that the preliminary plat makes appropriate provision for drainage ways. 17. The applicant will construct sidewalks on both sides of internal plat roads, along the northwest side of Canal Road, and along the west side of Wilkenson Road. The applicant will also install street lighting necessary to provide safety for pedestrians, vehicles, and homeowners. The plat makes appropriate provision for safe walking conditions. 18. The applicant must comply with Chapter 17.80 YMC which sets forth the landscaping criteria. Said chapter requires landscaping of the perimeter with Type 2 landscaping or in the alternative fencing. Because of the Centralia Power Canal, Type 2 landscaping will be installed along the Wilkenson Road frontage and at the back of lots 36 through 49. 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 for 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 shown that the proposed preliminary plat of Mountain Shadow satisfies all bulk regulations of the R4 zone classification of the YMC and is likewise consistent with the City Comprehensive Plan for development of this area. 3. The applicant has shown 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, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an appropriate and attractive location for a single family residential subdivision which will have convenient access to the SR-510/507 loop road as well as to downtown Yelm. The preliminary plat also serves the public use and interest by limiting the number of lots within the bypass corridor and by providing open space which it will later dedicate to the City for right-of-way purposes. Therefore, the proposed preliminary plat should be approved subject to the following conditions: 1. The western half of Wilkenson Road shall be reconstructed as a neighborhood collector street pursuant to the Yelm Development Guidelines from its intersection with Canal Road to the catch point of the proposed roundabout on the SR-510 Yelm Loop, provided that the required asphalt width shall be 18 feet. 2. The northern half of Canal Road shall be reconstructed as a local access residential street, provided that an 12 foot travel lane and 4 foot paved shoulder shall be provided on the southern half of the road. 3. Internal streets within that portion of the subdivision south of the SR 510 Yelm Loop corridor will be constructed as a local access residential street pursuant to the Yelm Development Guidelines, provided that a single parking lane 9 feet in width shall be provided for a total right-of-way width of 51 feet. 4. The internal street in that portion of the subdivision north of the SR 510 Yelm Loop corridor will be constructed as a local access residential street pursuant to the Yelm Development Guidelines, provided that the street should not include a parking lane, planter strip, or sidewalk on the south side of the street for a total right-of-way width of 43 feet. 5. 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. 6. No building permit will be issued for any lot impacted or partially impacted by the SR 510 Yelm Loop corridor (lots 50, 51, and 61 through 71) until building permits have been issued for every lot outside the corridor. The developer shall work with the Washington State Department of Transportation prior to final subdivision approval towards the acquisition of required right-of-way for the SR 510 Yelm Loop. 7. That portion of the SR 510 Yelm Loop corridor within tract B as identified on the revised preliminary subdivision application shall be dedicated to the City of Yelm for road right-of-way purposes. 8. All dwelling units within 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. 9. All requirements for cross connection control as required in Section 246-290-490 WAC shall be met by the applicant. 10. The applicant shall pay the latecomer fee associated with the water line at the time of connection. 11. 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. 12. 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. 13. The applicant shall pay the latecomer fee associated with the existing sewer line at the time of connection. 14. Prior to submission of civil plans, a revised conceptual stormwater plan shall be submitted to the Community Development Department for review and approval. 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. A 10-foot setback from all property lines and easements are required for stormwater facilities. 15. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 16. 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. 17. 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. 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 and interior street lighting will be required. Civil plan submittal shall include a lighting design plan for review and approval. 20. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing map for approval. 21. The applicant shall comply with the mitigation requirements of the MDNS issued on June 13, 2005. 22. 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. Type II landscaping shall be required along the Wikenson Road frontage at the back of lots 36 through 49. 23. 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. 24. The driveway for lot 36 shall be from Canal Road. The driveway for lot may be from Canal or the internal subdivision road. The driveway from lot 16 shall be from the internal subdivision road. 25. The Developer shall work with the Washington State Department of Transportation on the design of the precise location and elevation of the internal subdivision roads that are adjacent to the SR-510 Yelm Loop in order to avoid the use of structures to separate the Loop from the subdivision roads. 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 Shadow is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 20th day of July, 2005. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 20th day of July, 2005, to the following: APPLICANT: Bob Benum P.O. Box 73130 Puyallup, WA 98373 AGENT: Apex Engineering 2601 South 35th Street, Ste. 200 Tacoma, WA 98409 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO.: SUB-05-0011-YL – MOUNTAIN SHADOW 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 August 3, 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.