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HE Decision OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: SUB-05-0257-YL – GOLF COURSE VIEW ESTATES APPLICANT: Rainier General Development, Doug Bloom AGENT: Olympic Engineering, Chris Merritt SUMMARY OF REQUEST: The applicant is proposing to subdivide approximately 2.16 acres into 10 single family residential lots. The property is zoned R-4 Low Density Residential, which allows up to four 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 November 7, 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” - Copy of Preliminary Stormwater Plan TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the City had provided proper notice and that the responsible official issued an MDNS and received no appeals. The Tahoma Terra project must improve Longmire Street and the MDNS does not include a condition so requiring. The applicant will construct the internal plat road to the west at about the same time as the parcel to the west is developed. One temporary cul-de-sac will serve both parcels. The temporary cul-de-sac will then become part of the open space. The homeowners association will maintain the stormwater system. DOUG BLOOM appeared and testified that he concurs with the City’s findings. CHRIS MERRITT, professional engineer, appeared and introduced Exhibit “2”, a copy of the preliminary stormwater plan. 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, heard testimony, and taken this matter under advisement. 2. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on Friday, October 21, 2005. Notice was also mailed to property owners within 300 feet of the project and mailed to recipients of the Notice of Application and SEPA Determination on October 24, 2005. 3. The City of Yelm Responsible Official issued an MDNS on September 12, 2005. No appeals were filed. 4. The applicant has a possessory ownership interest in an irregularly shaped, 2.16 acre parcel of property abutting the north side of Longmire Street where it turns from east to northeast within the City of Yelm. Improvements on the site include a single family residential dwelling, well house, and barn. The applicant requests preliminary plat approval to allow subdivision of the site into ten single family residential lots. The subdivision will require removal of all improvements. 5. The preliminary plat map shows a single plat road extending northwest from Longmire Street and extending to the west property line. Said road will eventually connect to an internal plat road serving an abutting subdivision which will develop at about the same time. The site plan shows a temporary cul-de-sac at the west property line, but one temporary cul-de-sac will serve both subdivisions. If the applicant’s subdivision develops first, the temporary cul-de-sac will be located on the subdivision to the west. The site plan shows an irregularly shaped, open space area located along the west property line south of the internal plat road. Said open space extends along the north side of Longmire Street to the south side of the internal plat road. The preliminary plat proposes a minimum lot size of 5,000 square feet, an average lot size of 5,740 square feet, a minimum lot width of 48 feet, and a density of 4.2 dwelling units per acre. 6. Abutting uses include single family residential homes to the north, east, and south, and the proposed subdivision along the west property line. The site is located within the Moderate Density Residential (R-6) zone classification of the Yelm Municipal Code (YMC). Section 17.15.020(A)(1) YMC authorizes single family residential dwellings with densities not exceeding six dwelling units per gross acre and not below three dwellings per gross acre. As previously found, the plat proposes a density of 4.2 dwelling units per acre which meets the density requirements. Section 17.15.050 YMC provides no minimum lot area or lot width requirements. However, said section requires setbacks of 25 feet from collector streets, a minimum side yard setback of five feet with a minimum total on both sides of 12 feet, and a minimum rear yard setback of 25 feet. Said section also requires a maximum building area coverage of 50% of the lot area and a maximum development coverage of 75% of the lot area. The rectangular shapes of the lots and the building envelopes shown thereon establish that each lot can support a reasonably sized single family residential structure which will meet all setback requirements. 7. Chapter 14.12 YMC requires that a preliminary plat set aside a minimum of 5% of the gross area of the subdivision as usable open space. Open space uses may include environmental interpretation or education, parks, recreational areas, athletic fields, or foot paths/bicycle trails. The applicant proposes .32 acres of open space which calculates to 15% of the gross area of the plat. The applicant must provide an appropriate use of said open space prior to final plat approval. 8. A mitigating measure in the MDNS issued pursuant to the authority of the State Environmental Policy Act (SEPA) requires the applicant to enter into a mitigation agreement with the Yelm School District to offset the impacts of school aged children residing in the plat on school services and facilities. Entry of the agreement will ensure that the plat makes appropriate provision for schools and school grounds. 9. Traffic mitigation measures in the MDNS require the applicant to construct streets within the subdivision to the City’s local access standard and to pay the Transportation Facility Charge of $757.50 per dwelling unit. All lots will access onto the internal plat road, and adequate entering and stopping sight distance is available at the intersection of the internal plat road and Longmire Street SE. The project provides adequate parking for residents and guests, and therefore the plat makes appropriate provision for streets, roads, alleys, and other public ways. The MDNS also requires improvement of the north half of Longmire Street to City neighborhood collector standards along the property frontage. However, conditions of approval in the Tahoma Terra development require said project to make improvements to all of Longmire Street and therefore the applicant need not make said improvements. 10. The City of Yelm will provide both domestic water and fire flow to the site subject to the applicant paying current fees and decommissioning the existing well on the site and dedicating any water rights associated therewith to the City. The City will also provide sanitary sewer service to all lots subject to payment of required fees. The plat makes appropriate provision for potable water supplies and sanitary waste. 11. The preliminary storm drainage plan shows stormwater runoff collected in catch basins and directed to a bioswale in the open space area between lot 10 and Longmire Street. The water will flow through said swale to an infiltration pond located at the southwest corner of the parcel. Construction of the stormwater plan to City standards will ensure that the plat makes appropriate provision for storm drainage. 12. In accordance with Chapter 17.80 YMC the applicant must provide landscaping within the plat to include the open space and stormwater facilities. The applicant must provide the City a detailed final landscape and irrigation plan at the time of civil plan review and approval. 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 Golf Course View Estates is consistent with the R6 zone classification of the YMC and meets all development criteria of the YMC. 3. In accordance with Section 16.12.170 YMC, the proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, 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 attractive location for a single family residential subdivision 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 connection fee and meter fee will be established at the time of building permit issuance. 3. All conditions for cross connection control as required in Section 246-290-490 WAC. 4. 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 the required hydrant locks. Hydrant lock details shall be included in Civil Plan Submission. 5. All planting strips and required landscaping located in any open space and stormwater tract, and along Longmire Street shall be served by an irrigation system with a separate water meter and an approved backflow prevention device. 6. 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. 7. The proponent 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. 8. The final stormwater plan shall be submitted with civil engineering plans and shall include an operation and maintenance plan. 9. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 10. 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. 11. The proponent 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. 12. The proponent shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 13. Street lighting is required. Civil plan submittal shall include a lighting design plan for review and approval. 14. Prior to the submission final plat application, the proponent will provide the Community Development Department an addressing map for approval. 15. Prior to the submission of final plat application, a subdivision name must be reserved with the Thurston County Auditor’s Office. 16. The proponent shall submit a final landscaping and irrigation plan with the civil engineering plans to include the perimeter of the project site, planter strips, open space improvements, and stormwater facilities. 17. The proponent 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 Golf Course View Estates is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 16th day of November, 2005. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 16th day of November, 2005, to the following: APPLICANT: Rainier General Development, Doug Bloom RGD, Inc. P.O. box 627 Rainier, WA 98576 AGENT: Olympic Engineering, Chris Merritt 1252 Devon Loop NE Olympia, WA 98506 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO.: SUB-05-0257-YL – GOLF COURSE VIEW ESTATES 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 November 28, 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.