Hearing Examiner DecisionOFFICE OF THE HEARING EXAMINER
CITY OF YELM
REPORT AND DECISION
CASE NO.: BENUM/COYNE SUBDIVISION
SHORELINE PERMIT SUB-02-8329-YL
APPLICANTS: Robert Coyne and Robert Benum
Benum Enterprises
P.O. Box 73130
Puyallup, WA 98373
AGENT: Terry Brink
Gordon, Thomas, Honeywell, Malanca, Peterson & Dahiem, LLP
1201 Pacific Avenue, Suite 200
P.O. Box 1157
Tacoma, WA 98401-1 1 57
ENGINEER: James Crippen, P.E.
2601 South 35th Street, Suite 200
Tacoma, WA 98409
SUMMARY OF REQUEST:
The applicants are proposing to subdivide approximately 28.02 acres into 104 single family
residential lots in two phases. 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 August 4, 2003, at 9:03 a.m.
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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 dated July 31, 2003
EXHIBIT " 3" - Modified Site Plan
EXHIBIT "4" - Letter Memorandum (bound spiral notebook from Terry Brink)
EXHIBIT " 3" - Supplemental Memorandum from Terry Brink
GRANT BECK appeared, presented the Community Development Staff Report, and
testified regarding the modified conditions and plat layout. The Centralia power Canal
abuts the north property line and a railroad right-of-way the east property line. The
preliminary plat includes lots within a proposed transportation corridor. The MDNS requires
a realignment of the Canal Road/Wilkensen Road intersection, and to do so, the applicant
will need additional right-of-way. Water and sewer are located about 2,000 linear feet
away and the City will not require a looped system as the applicant will install a 12 inch
main to the site as opposed to an eight inch main. Residential development is consistent
with the City's shoreline master program. The City traffic consultant prepared two
alternative plans which will protect the road corridor. One left the area in open space, but
the other authorizes building permits to be issued last on those lots so the City can obtain
funding to purchase that portion of the plat for right-of-way. The City wants to preserve the
right-of-way in a manner that allows the applicant to further its own goals. They agreed
upon the revised site plan. The applicant had to reduce the lot sizes and it initially
appeared it would lose several lots. However, the City allowed use of the railroad right-of-
way for open space, and the applicant agreed to construct a pedestrian path along said
right-of-way. The applicant will build a trail across the plat frontage, but will not construct
a fence. The plat once again proposes 104 lots, some of which will use joint access
driveways. The City waived the landscape requirements to assist in obtaining right-of-way
and also modified road standards allowing one parking strip as opposed to two. The City
will cooperate with the developer on sewer and water provision. Concerning Condition 6A,
for lots within the corridor, the City will not issue building permits until all other lots have
received permits. Such will allow the City time to purchase the right-of-way.
Appearing was TERRY BRINK, attorney at law on behalf of the request, who testified that
this hearing is held now as a result of the continuance of the July 11, 2003, hearing. Both
parties requested the continuance to resolve outstanding issues to include the
transportation corridor. On July 2, 2003, they met with the City and focused on the issues,
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and then met again on July 11, 2003, and accomplished more regarding the resolution of
the corridor. The meeting resulted in a modified staff report. They now have new
conditions, replaced conditions, and deleted conditions. However, a lot of information in
the staff report was not deleted. He introduced Exhibit "4", his letter memorandum and
referred to pages 9-20 for his corridor argument. He does not agree with the original City
staff report as the City lacks the authority to require them to do anything if the City has no
funding or engineering for a road project. The applicant's agreement as outlined by Mr.
Beck is consensual. The City is also not obligated to accept a fee in lieu of open space,
waive landscaping, modify parking requirements, authorize shared access driveways, and
restore roads after completion of utility construction. The R-4 zone classification authorizes
densities at four dwelling units per acre, and the 104 lots on 28.02 acres calculates to 3.71
dwelling units per acre. They are now surveying the site, and if the parcel measures more
than 28.02 acres, they will not request an increase in density. However, if they have less
property, they will reduce the number of lots to comply with the four dwelling units per acre.
They will provide 61,028 square feet of open space and are satisfied by the fee or
construction in lieu thereof. They will enter a voluntary agreement with the school district
pursuant to RCW 82.02.020 and have previously talked with the district. Concerning
Conditions 1 and 2, they will pay the transportation charge or realign Canal Road. They
are required to do the later rather than the former if they obtain a credit for the
transportation fee and the amount of right-of-way. If they have insufficient right-of-way, the
City can acquire the necessary property. They will meet all setbacks per code. They
propose three open space tracts, two of which will be landscaped areas maintained by the
homeowners association and the third a storm drainage facility. Exhibit "C" is the
conceptual plan and Exhibit "E" addresses the shoreline substantial development permit.
If they extend a 12 inch main to the parcel and reduce the water line to eight inches on
site, they can provide adequate fire flow. The plat meets all requirements of RCW
58.17.110 and all laws. He introduced Exhibit "5", his supplemental memorandum.
Appearing was JIM CRIPPEN, on behalf of the applicant, who testified that they will use
a storm drainage retention system as the soils consist of sandy loam and perc very well.
They will collect the drainage at the low point and grade the roads to that area. They will
use catch basins and pipes and will construct the drainage system to the requirements of
the DOE manual.
No one spoke further in this matter and so the Examiner took the request under
advisement and the hearing was concluded at 9:43 a. m.
NOTE: A complete record of this hearing is available in the City of Yelm Community
Development Department
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FINDINGS. CONCLUSIONS AND DECISION:
FINDINGS:
The Hearing Examiner has admitted documentary evidence into the record, viewed
the property, heard testimony, and taken this matter under advisement.
2. Appropriate notice was provided.
3. The City has performed an environmental review, including review of a
transportation analysis, and issued a Mitigated Determination of Nonsignificance
on February 7, 2003, with a comment deadline of February 21, 2003, and an
appeal deadline of February 28, 2003. Based on comments received during the
comment period, the City revised and reissued the Mitigated DNS on May 23, 2003,
with an appeal deadline of June 6, 2003. No appeal of the revised MDNS was filed.
4. The applicant has a possessory ownership interest in an unimproved, triangular
shaped parcel of property within the City of Yelm. Wilkensen Road abuts the
western side of the parcel and the Centralia Power Canal abuts the northern side.
The southeastern side of the parcel abuts the Yelm/Roy Prairie Line Railroad.
Unincorporated Thurston County abuts the northern side of the canal and the
southeastern side of the railroad opposite the site. The applicant requests
preliminary plat approval to allow subdivision of the site into 104 single family
residential lots.
5. The site plan shows the plat divided into two, independent, unconnected phases.
Phase 2 in the northern portion of the site adjacent to the canal consists of lots 55-
104. Access to Phase 2 is provided by an internal plat road accessing from
Wilkensen Road SE at the northwest corner of the parcel adjacent to the canal.
Said internal road extends southeast to the eastern portion of the site, and four cul-
de-sac roads extend south periodically along said road. Phase 1 consists of lots 1-
54 and has two accesses onto Wilkensen Road which allow for a looped road
system and cul-de-sac. Canal Road SE and Wilkensen Road SE intersect at a
sharp angle immediately south of the southern access for Phase 1. An Olympic
Pipeline Company 30 foot wide easement extends through the plat in a
northeast/southwest direction, entering the plat near the intersection of N.P. Road
SE and Canal Road and exiting the parcel at the northeastern corner. The plat map
shows an open space tract located between the railroad and the Olympic Pipeline
easements, and a second open space tract located adjacent to the canal between
the western property line of lot 104 and the right-of-way of the internal plat road.
6. The Centralia Po~a~er Canal conducts ~~,rater diverted from the Nisqually Fiver to a
hydroelectric generating facility located west of the City of Yelm. Pursuant to the
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State Shoreline Management Act, the power 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.
The applicant's proposal for a single family residential subdivision complies with
uses contemplated for the Urban Environment.
7. A visit to the site establishes that the parcel is located in a rural area of the City, but
parcels to the west across Wilkensen Road SE are located within either an
industrial zoning district or an R-4 residential district and will likely develop in
accordance therewith. The railroad will eventually serve said industrial area. The
property appears level and ranges in elevation from 336 feet at the southwest
corner to 320 feet at the Tract C storm drainage facility adjacent to the canal.
8. The City and the applicant resolved the most serious issue affecting plat approval.
The parties agreed to a method of preserving a transportation corridor for a future
SR-510/SR-507 loop which will provide a bypass around the City for travelers on
both routes. The City has 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.
However, the project remains unfunded. The applicant and the City have agreed on
a revised preliminary plat (Exhibit "3")which eliminates road connections between
the two phases of the plat (which would cross the corridor) and have also agreed
that the applicant will not ask for building permits for any lots within the corridor until
permits have issued for all other lots in the plat. Such will allow the City the
opportunity to acquire funds to purchase the corridor. Upon acquisition of the
corridor, cul-de-sacs currently shown therein will be eliminated.
9. The original site plan maintained most of the parcel between the Olympic Pipeline
Company easement and the railroad right-of-way as open space. Said area plus
the storm water facilities measured 133,688 square feet, far greater than the
required 61,027 square feet fora 104 unit subdivision. Because of the changes to
the plat necessitated by the preservation of right-of-way, the applicant now
proposes single family residential lots in most of the open space area and has
reduced the amount of open space below that required fora 104 lot subdivision. To
meet the open space requirements of the code, the City has authorized the
applicant to utilize the City railroad right-of-way to construct a pedestrian trail along
the property frontage. The City plans to construct a trail in said location which will
consist of a ten foot asphalt walkway along with a fence separating the trail from the
railroad tracks. The applicant will not construct the separation fence as the City
does not presently utilize the railroad. The City has also agreed to waive the
landscaping requirements alorig the railroad and canal as such features accomplish
the same goal of separating adjacent land uses. The City also waived the original
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proposal of a six foot tall, board fence along said boundaries. The plat makes
appropriate provision for open spaces, parks and recreation, and playgrounds.
10. The applicable R-4 zoning district 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 size and development coverage to 75%. The applicant is presently
conducting a survey of the parcel, but has committed to a maximum of 104 lots and
a maximum of four dwelling units per gross acre regardless of the size of the parcel.
The preliminary plat proposes a minimum lot area of 5,500 square feet and an
average lot area of 8,646 square feet. The City finds that the proposed lot sizes
will allow structures to meet all required setbacks and other bulk regulations of the
R4 zone classification.
11. Parcels abutting the northern and southeastern property lines are located within
unincorporated Thurston County and zoned for lower density residential uses. The
Centralia Power Canal and the railroad right-of-way provide substantial buffering
between the project and its proposed lot sizes from uses and lot size requirements
in Thurston County.
12. As previously found, the three sided parcel abuts Wilkensen Road on the west, the
canal on the north, and the railroad right-of-way on the southeast. Thus, Wilkensen
Road provides the only vehicular access to the property. The 1992 Yelm
Comprehensive Transportation Plan includes policies and regulations requiring the
continuation of streets to adjoining properties and subdivisions. However, the canal
and railroad prevent extensions of the plat roads to adjacent parcels.
13. Heath and Associates, a qualified traffic engineering firm, prepared a Traffic Impact
Analysis (TIA) which found that a 108 lot subdivision would generate 1,034 vehicle
trips per day with a p.m. peak volume of 109 vehicles. All such vehicles will access
onto Wilkensen Road, and the TIA estimates that virtually all traffic will travel
southbound through the intersection of Wilkensen Road/Canal Road. Canal Road
currently intersects Wilkensen Road at an angle of approximately 50 degrees. Such
does not provide safe entering and stopping sight distance for vehicles entering
Wilkensen Road from Canal Road. The addition of 1,034 weekday trips will
exacerbate safety issues for drivers on Canal Road. A mitigating measure in the
MDNS requires the applicant to realign said intersection and eliminate the safety
concern. The applicant will construct said improvements in lieu of paying the
transportation facility charge of $757.50 per unit.
14. The applicant will also improve Wilkensen Road to Neighborhood Collector
standards which require 16 foot drive lanes, vertical curb, seven foot planter strip
with trees 35 feet on center, street lighting, and a five foot wide sidewalk. The City
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has agreed to modify the internal plat road standards by eliminating one lane of on-
street parking, and requiring landscape islands on the other side of the street to
clearly define the remaining single parking lane. The City has also authorized flag
lots and lots with narrow frontages on cul-de-sacs to utilize shared driveways. The
plat makes appropriate provision for streets, roads, alleys, and other public ways.
15. The applicant has submitted a preliminary storm water report which estimates the
impervious surface, infiltration rates for runoff, and conceptual design for treatment
and storage. The applicant proposes to grade the roads such that water will flow to
the north to the storm drainage facility adjacent to the canal. The applicant will
construct all storm water facilities in accordance with the current storm water
manual adopted by the City Council. Said standards include best management
practices during construction. The plat makes appropriate provision for drainage
ways.
16. As previously found, the applicant will provide both domestic water and fire flow to
the site by extending an existing water main in N.P. Road SE approximately 1,200
feet to the plat boundary. The applicant will upsize the line to 12 inches from the
point of connection to the subdivision boundary and extend eight inch lines
throughout the plat. Such will eliminate the necessity of a looped system. The
nearest existing sewer line is located at the intersection of N.P. Road and Rhoton
Road approximately 3,500 feet to the south of the project. The applicant will
construct a sewer line from said intersection to the subdivision to provide sanitary
sewer service. The City has agreed to reconstruct public roads disturbed during the
installation of the water and sewer lines and also provide a Latecomers Agreement
pursuant to Chapter 13.12 YMC. Thurston County Fire District No. 2 will provide
fire supression service, and the applicant will install fire hydrants which meet
minimum City standards. The preliminary plat makes appropriate for water supplies,
sanitary waste, and fire protection.
17. A mitigating measure in the MDNS requires the applicant to enter a voluntary
agreement with the Yelm School District to offset the impacts to the district of school
aged children residing in the plat. Compliance with said agreement will ensure that
the plat makes appropriate provision for schools and school grounds.
18. As previously found, the applicant will construct a sidewalk on the east side of
Wilkensen Road across the plat frontage and a sidewalk on one side of intemal plat
roads. The plat makes appropriate provision for sidewalks and safe walking
conditions.
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
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entry of surtace 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 surtace 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 of the SMP and
therefore satisfies the requirements for a substantial development permit.
CONCLUSIONS:
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The applicant has established 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, sidewalks, and other features assuring safe walking conditions.
3. The applicant has shown that public facilities impacted by the subdivision will
remain adequate and available to serve the new lots currently proposed.
4. The project is located within an approved sewer service area which has the capacity
to serve all lots within the subdivision assuming construction of a new sewer line
from the intersection of Groton Road and N.P. Road.
5. Assuming compliance with conditions of approval and mitigating measures set forth
in the MDNS, the preliminary plat will conform with the Yelm-Thurston County Joint
Comprehensive Plan, the City zoning code, the City subdivision code, the Shoreline
Management Act and Master Program for Thurston County, and the City of Yelm
Development Guidelines.
6. The proposed preliminary plat will serve the public use and interest by providing an
attractive location for a low density, single family residential subdivision located in
an area of the City proposed for substantial growth and with substantial recreational
opportunities to include a trail and water canal. Therefore, the proposed preliminary
plat of Mountain Sunrise should be approved subject to the following conditions:
Setbacks shall be as shown on the revised site plan dated July 17; 2003.
2. The applicant shall construct a 10 foot wide asphalt pedestrian trail as
identified in the Yelm Raii with Trail proposal for acquisition of the railroad
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right-of-way, provided that a fence shall not be constructed along the
subdivision frontage within the City of Yelm railroad right-of--way. This shall
satisfy the open space requirements of Chapter 14.12 YMC by providing
usable public open space.
3. Pursuant to the Mitigated DNS, the proponent shall mitigate transportation
impacts based on the new residential p. m. peak hour trips generated by the
project. The Transportation Facility Charge (TFC) shall be based on 1.01
new peak hour trips per residential unit. The proponent will be responsible
for a TFC of $757.50 per dwelling unit which is payable at time of building
permit issuance.
4. Pursuant to the Mitigated DNS, the applicant shall mitigate impacts to Canal
Road through realigning Canal Road with Wilkensen to meet City Standards
for intersections, provided that the cost of improvement does not exceed the
Transportation Facility Charge and no additional right-of-way is required for
the realignment.
5. Frontage improvements are required for this project. Frontage improvements
shall be consistent with the City of Yelm's Development Guidelines.
Frontage improvements for Wilkensen Road shall be consistent with the
section "Neighborhood Collector'. Interior street improvements shall be
consistent with the section "local access residential".
6. Frontage improvements shall include a bus pad constructed to Intercity
Transit's standards.
7. The neighborhood collector road standard shall be modified for all roads
within the subdivision to include:
A 5 foot (5') sidewalk;
A six foot (6') planting strip;
A one and one half foot (1 '/2 `) rolled concrete curb;
Two eleven foot (11') asphalt travel lanes;
A nine foot (9') parking lane with period landscape planters to clearly
delineate the parking area.
A one and one half foot (1 '/2') rolled concrete curb;
A six foot (6'} planting strip.
A road section prepared by the Applicant's engineer is included in the
revised site plan dated July 17, 2003, which represents the specifications
acceptable to the City of Yelm.
8. Shared driveways will be allowed for the following lots:
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21 and 22 52, 53, and 54 72 and 73
23 and 24 55 and 56 80 and 81
25 and 26 57 and 58 82 and 83
27 and 28 62 and 63 84 and 85
35, 36, 37, and 38 65 and 66 87 and 88
39 and 40 68 and 69 89 and 90
41 and 42 70 and 71 91 and 92
9. No building permit shall issue for any of the lots listed below, all of which are
situated in Phase II of the subdivision and within the proposed 501/507
corridor, until building permits have been issued for every other lot located
outside the corridor: 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 68, 69, 70, 71,
72, 73, 74, 80, 81, 82, 83, 84, 85, 86 and 87. Once building permits are
issued on all other lots than those listed above the applicant may apply for
building permits on any and all of the lots listed above without regard to the
sequence or number of lots.
10. The applicant shall connect to the City's water system. Water ERU's
(equivalent residential units) are based on a consumption rate of 240 gallons
per day and are currently charged at a rate of $1,500/ERU (subject to
change) inside city limits. This fee is payable at time of building permit
issuance.
11. If required fire flows cannot be met through the connection of the project to
the existing line at N.P. Road, the developer shall complete the loop by
extending a 10 inch water main from the project site to the existing 8 inch
line near the end of Wilkensen Road.
12. The City of Yelm will coordinate and be responsible for the reconstruction of
N.P. Road and Wilkensen Road after installation of the water line by the
applicant. Civil plan review and approval shall include the timing of
installation to coordinate with the City's road maintenance program and
condition of the backfilled utility trench. The processing of the applicants'
final plat approval shall not be delayed due to the timing of the City's
satisfaction of this condition.
13. The applicant shall connect to the City's S.T.E.P. System. The S.T. E. P.
System shall be designed to City standards. The applicant shall submit final
civil plans to the Community Development Department for review and
approval.
14. Sewer connection fees for properties participating in the LID are charged at
the current discount rate of $2,620.00 per connection (fee subject to
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change), payable at building permit issuance. All connections require an
inspection, with a fee of $145.00 per connection, also payable at building
permit issuance. These fees will be assessed at building permit issuance for
each lot.
15. The City of Yelm will coordinate and be responsible for the reconstruction of
N.P. Road and Wilkensen Road after installation of the sewer line by the
applicant. Civil plan review and approval shall include the timing of
installation to coordinate with the City's road maintenance program and
condition of the backfilled utility trench. The processing of the applicants'
final plat approval shall not be delayed due to the timing of the City's
satisfaction of this condition.
16. The applicant shall design and construct all storm water facilities in
accordance with the current Storm Water Manual, as adopted by the City of
Yelm. Best Management Practices (BMP's) are required during construction.
The applicant shall compile a final storm water report along with construction
drawings.
17. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be
accomplished utilizing individual drywells.
18. The applicant shall submit a storm water operation and maintenance plan at
the Community Development Department for approval prior to final plat
approval.
19. 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.
20. 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.
21. The applicant shall submit fire flow calculations for all existing and proposed
hydrants. All hydrants must meet minimum City standards, including flow
requirements.
22. Per the City of Yelm's Development Guidelines, street lighting and interior
street lighting will be required. Alighting design plan shall be submitted to
the Community Development Department for review and approval.
23. Prior to the submission final plat application, the applicant will provide the
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Community Development Department with a proposed subdivision name
which is unique within the City of Yelm and Thurston County and is
distinguishable from other subdivision names and an addressing and street
name plat map for approval.
24. The applicant shall comply with the mitigation requirements of the MDNS
issued on February 7, 2003, and revised on May 23, 2003. Mitigation
includes:
The proponent shall mitigate transportation impacts based on the new
residential p.m. peak hour trips generated by the project. The Transportation
Facility Charge (TFC) shall be based on 1.01 new peak hour trips per
residential unit. The proponent will be responsible for a TFC of $757.50 per
dwelling unit which is payable at time of building permit.
Prior to final subdivision approval, the developer shall realign Canal Road
with Wilkensen to meet City standards for intersections, provided that the
cost of improvement does not exceed the Transportation Facility Charge in
condition 1 above and no additional right-of-way is required for the
realignment. The TFC's for the project required pursuant to Mitigation
Measure No. 1 above shall be waived, in their entirety, in the event that the
for the cost of realignment described in this Mitigation Measure 2 is effected
by the proponent.
Prior to final subdivision approval, the proponent shall submit to the City of
Yelm a signed school mitigation agreement between the developer and the
Yelm School District.
25. The applicant shall submit a final landscaping and irrigation plan to include
the perimeter of the project site, planter strips, open space and stormwater
facilities. The landscaping requirements for the northern and eastern
boundaries of the property adjacent to the Centralia power canal and the
City's railroad right-of-way are waived, including the previously planned
fencing. Landscaping within remaining common open space areas, tracts A
and B, shall be Type VII, or lawn, at the sole discretion of the Applicant.
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,
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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 Sunrise (Exhibit "3") is hereby
granted subject to the conditions contained in the conclusions above.
ORDERED this 25th day of August, 2003.
PH K. CAUSSEAUX, JR.
Hearing Examiner
TRANSMITTED this 25th day of August, 2003, to the following:
APPLICANTS: Robert Coyne and Robert Benum
Benum Enterprises
P.O. Box 73130
Puyallup, WA 98373
AGENT: Terry Brink
Gordon, Thomas, Honeywell, Malanca, Peterson & Dahiem, LLP
1201 Pacific Avenue, Suite 200
P.O. Box 1157
Tacoma, WA 98401-1 1 57
ENGINEER: James Crippen, P.E.
2601 South 35tt' Street, Suite 200
Tacoma, WA 98409
City of Yelm c/o Tami Merriman
105 Yelm Avenue West
P.O. Box 479
Yelm, Washington 98597
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CASE NO: BENUM/COYNE SUBDIVISION
SHORELINE PERMIT SUB-02-8329-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:
A. Erroneous procedures;
B. Errors of law objected to at the public hearing by the person requesting
reconsideration;
C. Incomplete record;
D. An error in interpreting the comprehensive plan or other relevant material;
or
E. 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 September 5, 2003 (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
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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.
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