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HE Decision OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: SUB-05-0305-YL (TERRA VALLEY) APPLICANT: Terra Valley LLC Doug Bloom 4200 6th Avenue SE, Ste. 301 Lacey, WA 98503 SUMMARY OF REQUEST: The applicant is requesting preliminary plat approval to allow subdivision of approximately 9.7 acres into 41 single family residential lots. 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 January 17, 2006. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: EXHIBIT "1" - Planning and Community Development Staff Report and Attachments TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the City had provided proper notice and that the SEPA official had issued an MDNS which addressed an oak stand in the open space. A pond will also remain in the open space area and the habitat area marked and protected. The site is in an area of high groundwater and the MDNS requires the storm pond six feet above the elevation of the high ground water. The parcel fronts on Longmire Street and will provide access to undeveloped property to the east. The parcel will also provide an access into Tahoma Terra in the townhouse area. The density calculates to 4.22 dwelling units per acre considering only the site, but the code allows inclusion of the abutting right-of-way to the centerline of a public or private road. GRANT BECK appeared and testified that the zoning code sets forth the definition of “gross density” which includes half of an abutting public road. DOUG BLOOM appeared and testified that he has reviewed the staff report and conditions of approval and has no objection. 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 hearing was posted on the project site, mailed to the owners of the property within 300 feet of the project site, and published in the Nisqually Valley News. 3. A Mitigated Determination of Nonsignificance was issued on November 14, 2005. 4. The applicant has a possessory ownership interest in a rectangular, 9.7 acre parcel of unimproved property abutting the south side of Longmire Street SE, east of SR-510 within the City of Yelm. The applicant requests preliminary plat approval to allow subdivision of the site into 41 single family residential lots with an average lot size of 5,000 square feet. 5. The Tahoma Terra Golf and Country Club abuts the south property line and Phase 2 of the Tahoma Terra Master Planned Development abuts the west property line. Phases 1 and 2 of Tahoma Terra abut the north side of Longmire Street opposite the site. The preliminary plat map shows two accesses extending south into the site from Longmire Street and a looped road system provide access to all lots. An internal plat road extends from the looped road system to the southwest corner of the parcel where it provides access to the Tahoma Terra project in the area proposed for townhouses. A second internal plat road extends to the east property line in the southeast portion of the site. The parcel abutting the east property line is presently unimproved. The preliminary plat map shows an open space area extending along Longmire Street and a second open space area in the southcentral portion of the site. A stormwater pond is located in the southwest corner of the site between the west property line and the internal plat road. 6. The site is located within the Low Density Residential District (R-4) of the Yelm Municipal Code (YMC). Section 17.12.010 YMC sets forth the intent of the R-4 District which includes enhancement of the residential quality of the City by providing a high standard of development for single family residential areas. Section 17.12.020 YMC authorizes outright single family residential dwellings at a density of not more than four dwelling units per gross acre. The proposed preliminary plat, located adjacent to the Tahoma Terra project and served by all public utilities and services, will provide a high standard of development in accordance with the intent of the R-4 classification. 7. Section 17.12.050 YMC does not require a minimum lot area for lots within the R-4 district, but does require setbacks of 25 feet from collector roads, 35 feet from arterials, 15 feet from local streets with a 20 foot minimum driveway approach, as well as side and rear yard setbacks. Said section also authorizes a maximum building coverage of 50% and a maximum development coverage of 75%. The preliminary plat map shows rectangular lots of adequate size and configuration to provide a reasonably sized building envelope while meeting all bulk requirements. The project satisfies the bulk regulations of the R-4 District. 8. Chapter 14.12 YMC requires that a plat applicant dedicate 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, recreation lands, athletic fields or foot pads/bicycle trails. The plat map shows open spaces in the south, central, and north portions of the site which total .81 acres or 9% of the site. The applicant will dedicate the open space at the time of final subdivision approval. 9. A mitigating measures in the MDNS issued pursuant to the authority of the State Environmental Policy Act (SEPA) requires the applicant to enter a mitigation agreement with the Yelm School District to offset the impacts on the district of school aged children residing in the plat. Entry of the agreement will ensure that the plat makes appropriate provision for schools and school grounds. 10. Chapter 15.24 YMC requires that all new subdivisions improve street frontages to current standards. The City identifies Longmire Street as a neighborhood collector which requires a 16 foot travel lane, vertical curb, seven foot wide planter strip, and street trees 35 feet on center. The standards also require “No Parking” signs, a five foot wide sidewalk, and streetlighting. The internal plat roads will meet the local access standards of 11 foot travel lanes; two, seven foot parking lanes, concrete, rolled edge curb and gutter; six foot wide, planter strip; street trees 35 feet on center; streetlighting; and five foot wide sidewalk on one side. Chapter 16.16.090 YMC requires applicants to provide for the continuation of streets to adjoining subdivisions, and the applicant has provided connections to abutting parcels to the east and west. Adequate entering and stopping sight distance is or must be made available at the intersections of the internal plat roads and Longmire Street, and the applicant must also satisfy the City’s Transportation Facility Charge of $757.50 per unit, payable at building permit. The streets provide adequate parking for residents and guests, and therefore the plat makes appropriate provision for streets, roads, alleys, and other public ways. 11. The City of Yelm will provide both domestic water and fire flow to the site subject to the applicant paying current fees. The applicant will extend a water main located in Longmire Street to the northeast of the property to the Tahoma Terra Master Planned Development. The City will also provide sanitary sewer service to all lots, and the applicant will extend an existing sewer line in Longmire Street across the front of the parcel to the Tahoma Terra Master Planned Development. The plat makes appropriate provision for potable water supplies and sanitary waste. 12. Mitigating measures in the MDNS require the applicant to exceed City stormwater requirements set forth in the 1992 DOE Stormwater Manual. The applicant must elevate the bottom of the infiltration gallery at least six feet above the elevation of the high groundwater as identified by Thurston County. The MDNS requires individual dry wells to accommodate roof runoff, and also requires the system to accommodate stormwater generated by required frontage improvements. Compliance with the mitigating measures will ensure that the plat makes appropriate provision for drainage ways. The applicant must satisfy the requirements of Chapter 17.80 YMC and provide landscaping and screening along the perimeter of the site. The applicant may either install Type 2 landscaping or fencing to meet said requirements. 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 Terra Valley is consistent with the R-4 zone classification of the YMC and meets all development criteria of 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, 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 convenient to downtown Yelm and to the significant amenities located in Tahoma Terra and at the Tahoma Terra Golf and Country Club, and therefore should be approved subject to the following conditions: The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. 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 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. 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 pay a fire protection impact fee. The impact fee for 2006 is $0.216 per sq. ft. of new development. 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. The final stormwater plan shall be submitted with civil engineering plans and shall include an operation and maintenance plan. The plan shall include high ground water protection as required in the MDNS. 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 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. The proponent shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 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. Street lighting is required. Civil plan submittal shall include a lighting design plan for review and approval. Prior to the submission final plat application, the proponent will provide the Community Development Department an addressing map for approval. Prior to the submission of final plat application, a subdivision name must be reserved with the Thurston County Auditor’s Office. 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. 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 Terra Valley is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 26th of January , 2006. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 26th day of January, 2006, to the following: APPLICANT: Terra Valley LLC Doug Bloom 4200 6th Avenue SE, Ste. 301 Lacey, WA 98503 Chris Merritt Olympic Engineering 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-05-0305-YL (TERRA VALLEY) 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 6, 2006 (10 days from mailing) with the Community Development Department 105 Yelm Avenue West, Yelm, WA 98597. This request shall set forth the bases for reconsideration as limited by the above. The hearing examiner shall review said request in light of the record and take such further action as he deems proper. The hearing examiner may request further information which shall be provided within 10 days of the request. 2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner may be appealed to the city council, by any aggrieved person or agency of record, oral or written that disagrees with the decision of the hearing examiner, except threshold determinations (YMC 15.49.160) in accordance with Section 2.26.150 of the Yelm Municipal Code (YMC). NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration, please attach this page to the request for reconsideration.