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HE Decision OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: SUB-05-0343-YL, VISTA GREEN APPLICANT: John Lubbesmeyer 1151 East 112th Street Tacoma, WA 98445 SUMMARY OF REQUEST: The applicant is requesting preliminary plat approval to allow subdivision of approximately 4.55 acres into 19 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 provided proper notice. A well located to the southeast will require a covenant to ensure protection. The covenant should not cause a problem since homes can be located within the protection area, but no contaminants should be located on any of the lots. The project provides two future road connections, one to the east and another to the west. The parcel to the east is presently proposed for development and the applicants will work together in locating a temporary cul-de-sac if necessary. The road to the northwest will provide access to a five acre parcel. Because of the significant road connections, the City will accept a fee in lieu of providing open space. JOHN LUBBESMEYER, applicant, appeared and testified that he has received good direction from staff and has no problem with the staff report. He has reviewed and agrees with all conditions of approval. 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 public hearing was posted on the project site, mailed to owners of property within 300 feet of the site, and published in the Nisqually Valley News. 3. A Mitigated Determination of Nonsignificance was issued on November 7, 2005, and no appeals were filed. 4. The applicant has a possessory ownership interest in a generally rectangular, 4.55 acre parcel of property abutting the north side of Longmire Street east of SR-510 within the City of Yelm. The site is presently improved with one single family residential home and outbuildings, and the applicant requests preliminary plat approval to allow subdivision of the site into 19 single family residential lots. 5. The parcel abuts Longmire Street for 290 feet and measures 642 feet in depth. The preliminary plat map shows access provided via an internal plat road extending north from Longmire Street and eventually turning west near the northwest corner of the site and extending to the west property line. A second internal road extends east from the north/south road to the east property line. This road will connect to an internal subdivision road on the adjoining parcel which is also in the process of development. All lots will access onto the internal plat roads. The storm drainage facilities will be located in Tract A, a .43 acre tract located in the northeast corner. The plat proposes no open space. 6. The site is located within the Low Density Residential (R-4) District 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 the provision of a high standard of development for single family residential areas. Section 17.12.020(A) YMC authorizes single family dwellings at a density of not more than four dwelling units per gross acre in the R-4 district. The plat proposes an average lot size of 6,968 square feet and a density of four dwelling units per acre when considering the areas within rights-of-way to include Longmire Street. 7. Section 17.12.050 YMC sets forth the lot size and shape requirements for the R-4 classification, and the proposed lots meet all said criteria. All lots will provide a reasonably sized building envelope that meets all setback and lot coverage requirements. The proposed plat satisfies the bulk regulations of the R-4 zone classification. 8. As previously found, the preliminary plat proposes no open space. However, Section 14.12.050(I) YMC allows the City to accept a fee in lieu of open space where appropriate. In the present case, the City has properly determined that the two internal street connections as well as the location of the plat adjacent to the Tahoma Terra Master Planned Development and its significant parks support a fee in lieu of open space. Therefore, upon payment of such fee, the preliminary plat will make appropriate provision for open spaces, parks and recreation, and playgrounds. 9. A mitigating measure 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 said agreement will ensure that the plat makes appropriate provision for schools and school grounds. 10. Chapter 15.24 YMC requires new subdivisions to improve street frontages to current City standards. The City classifies Longmire Street as a neighborhood collector which requires a 16 foot wide travel lane, vertical curb, seven foot wide planter strip, street trees 35 feet on center, “No Parking” signs, a five foot wide sidewalk, and streetlighting. Prior to final plat approval Longmire Street must meet these requirements. The applicant will construct internal plat roads to local access standards which include 11 foot travel lanes, seven foot parking lanes on both sides, concrete rolled edge curb and gutter, six foot wide planter strip with street trees 35 feet on center, streetlighting, and a five foot wide sidewalk on one side. Section 16.16.090 YMC requires plats to make provision for the continuation of streets to adjoining parcels. As previously found, the applicant has provided a connection to properties abutting both the east and west property lines. The applicant must also comply with the City’s Transportation Facility Charge and make a $757.50 per unit payment at the time of building permit issuance. The preliminary plat meets the parking requirements set forth in Chapter 17.72 YMC as each lot will provide two, on-site, parking spaces, and on-street parking can occur on both sides of the internal plat roads. 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 and extending the water main from northeast of the property across the plat frontage. The City will also provide sanitary sewer service to each lot subject to the applicant paying required fees and extending the sewer main across the plat frontage from northeast of the parcel. The plat makes appropriate provision for potable water supplies, fire protection, and sanitary waste. 12. The applicant’s stormwater system must meet City standards as set forth in the 1992 Department of Ecology’s Stormwater Manual. The applicant has submitted a preliminary stormwater report which includes a conceptual design for the treatment and infiltration of stormwater in compliance with said manual. The plat makes appropriate provision for drainage ways. 13. The preliminary plat must meet the requirements of Chapter 17.80 YMC which requires landscaping or fencing around the perimeter of the site. 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 Vista Green is consistent with the R-4 zone classification of the YMC and meets all development criteria set forth therein. 3. In accordance with Section 16.12.170 YMC the 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 adjacent to the Tahoma Terra Master Planned Development with its significant recreational opportunities. Therefore, the preliminary plat of Vista Green 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, and is payable at 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. 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. 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. 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 applicant 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 applicant shall pay a fee in lieu of open space. The fee is $0.77 per square foot of required open space. The required square footage is 9,909.90, the open space fee is $7,630.62 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, open space improvements, 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 Vista Green is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 26th day of January, 2006. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 26th day of January, 2006, to the following: APPLICANT: John Lubbesmeyer 1151 East 112th Street Tacoma, WA 98445 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-05-0343-YL, VISTA GREEN 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.