Loading...
Hearing Examiner DecisionOFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: CHERRY MEADOWS PRELIMINARY PLAT, SUB-03-8340-YL APPLICANT: D&D Associates, LLC; Don Findlay P.O. Box 310 Gig Harbor, WA 98335 SUMMARY OF REQUEST: The applicant proposes to subdivide 40.42 acres into 202 single family residential lots. The proposed plat includes stormwater facilities, open space, and new streets. The project is planned to be constructed in three (3) phases. 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 October 6, 2003. 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 Planning and Community Development Department Staff Report, and testified that the applicant had changed the name of the project to Chevy Meadows as another applicant had already chosen the previous name. The site meets the 5% open space requirement and the applicant will sign a mitigation agreement with the Yelm School District. The 510/507 corridor abuts the north property -2- line which will be protected by a three foot high berm. The applicant does not know what recreational uses it will provide for the community park so it has proposed one-half active and one-half passive. Many corner lots exist in the plat. Appearing was GRANT BECK, Community Development Director, who testified that the City required a Traffic Impact Analysis as Cullens Road and Killion Road do not meet City ordinance standards. The City, based on the traffic report, has imposed a condition requiring the widening of said roads to 24 feet. The intersection of both Cullens Road and Killion Road with Yelm Avenue will drop to LOS F upon completion of the plat. The code addresses this situation by requiring a developer to construct all improvements necessary to restore the level of service, pay a transportation finance charge of $757.00 per p. m. peak hour trip, or build a portion of the facility and credit that amount toward the TFC payment. The Cullens and Yelm intersection is on the City's six year program, but not funded. The applicant will do some of the improvements and the cost should approximate the PFC payment. Improvements for Phase 1 include upgrading Cullens Road, an eastbound left turn lane at the intersection, and a left turn lane/right turn lane on Cullens Road. Before Phase 2 Killion Road will be widened to 24 feet. Before Phase 3 the applicant will install an eastbound left tum lane at the intersection with Yelm Avenue. None of the above improvements are funded by the City. Killion and Cullens presently meet the definition of Neighborhood Collector roads. Appearing was KATHY CARLSON on behalf of the request who agrees with the staff report and the proposed mitigation. She ascertained that the 24 foot wide road improvement would consist of an improvement consistent with the existing pavement and would include only additional driving lane width. The improvements recommended by the TIA will return the intersection to LOS C. Reappearing was MR. BECK who testified that due to the block length requirements the City will recommend installation of traffic calming devices in accordance with Public Works recommendations. 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: The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. -3- 2. The City issued a Mitigated Determination of Nonsignificance. 3. Notice of the Public Hearing was published in the Nisqually Valley News on Friday, September 26, 2003, and posted in public areas on Wednesday, September 24, 2003. The notice was mailed to adjacent property owners, and the applicant, on September 24, 2003. 4. The applicant has a possessory ownership interest in an unimproved, rectangular, 40.42 acre parcel of property located between Killion Road and Cullens Road approximately 1,800 feet north of Yelm Avenue West (SR-510). The applicant requests preliminary plat approval to allow subdivision the parcel into 202 single family residential lots. 5. The parcel abuts Cullens Road for 1,360 feet and Killion Road for 1,430 feet and extends from right-of-way to right-of--way, a distance of 1,270 feet. The preliminary plat map shows intemal plat roads providing a connection between Cullens Road and Killion Road. The road layout shows a rectangular, outer perimeter road loop with two internal roads providing access between the perimeter road. Storm drainage tracts are located at the southeast corner, near the southwest corner, and the northcentral portions of the site. A 1.15 acre rectangular parcel designated as Tract A will provide both active and passive recreational opportunities. Other open space areas include Tract F, a 20 foot wide strip along the north property line and three, 40 foot wide, rectangular parcels extending between internal plat roads to provide a pedestrian trail and access to the Tract A community park. Additional pedestrian access to Tract A is provided by Tract E, a 20 foot wide, rectangular parcel extending from the eastern perimeter road to the end of a cul-de-sac near the park. 6. As previously found, Cullens Road and Killion Road abut the east and west property lines and mark the City limits. Thurston County abuts the opposite side of the said roads and has zoned the area 1-5 Rural Residential. The parcel to the north is located in the R6 zone classification and unimproved. The property to the southeast is located within the R6 classification and improved with a single family residential dwelling. The property to the southwest is vacant commercial (C1) property. 7. The most significant issue concerning plat approval is the impact on City streets and intersections by plat generated traffic. According to a Transportation Impact Analysis (TIA) performed by Transportation Engineering, LLC, a qualified traffic engineering firm (Exhibit "7"), the plat will generate an average of 1,960 daily trips, 205 of which will occur during the p. m. peak period. Project traffic will reduce the intersection of Yelm Avenue/Cullens Road at its present level of service (LOS) E with a 36 second delay, to LOS F (failing) with a 90 second delay. All other intersections will operate at the adopted City standard of LOS D or better. Cullens -4- Road and Killion Road are both classified as Neighborhood Collectors with a total pavement width of 19 feet. 8. To address the above traffic impacts, prior to completion of Phase 1 of the project, the applicant will install in Yelm Avenue (SR-510) an eastbound left turn lane and in Cullens Road a left turn lane and straight/right tum lane. The applicant will also widen Cullens Road to 24 feet from its intersection with Yelm Avenue to the plat entrance. Prior to the completion of Phase 2 the applicant will widen Killion Road to 24 feet from its intersection with Yelm Avenue to the plat entrance. Prior to completion of Phase 3 the applicant will install an eastbound left turn lane in Yelm Avenue at the intersection with Killion Road. The City will offset the cost of said improvements against the Transportation Facility Charge (TFC) of $757.50 per peak hour trip which calculates to 1.01 trips per unit. The City anticipates that the cost of the above described improvements will approximate the TFC charge. 9. The TIA anticipates that 55% of plat traffic will travel south on Cullens Road and 45% south on Killion Road. All Killion Road traffic will access directly onto Yelm Avenue, while the Cullens Road traffic will split, 40°~ going to Yelm Avenue via Cullens and 15% to Yelm Avenue via Edwards Street and Coates Road. The TIA further estimates that 45% of the traffic will travel north on SR-510, 35% north on SR-507, and 5% south on SR-507. 15% of the traffic will remain in Yelm. The above described improvements will ensure that no LOS at any intersection falls below the adopted City standard of LOS D. 10. The City owns an unopened, 40 foot wide, right-of-way which traverses the site from east to west near the north property line and crosses lots nine through 27 and a storm drainage tract. The applicant cannot develop the plat as designed unless the City Council vacates said right-of-way. The Examiner has therefore added a condition of approval requiring the applicant to secure a vacation of the unopened right-of-way as a condition of approval. 11. Chapter 16.14 of the Yelm Municipal Code (YMC) requires a minimum of 5% of the gross land area of a preliminary plat to be dedicated as open space. Fora 40.42 acre parcel the minimum requirement calculates to 88,035 square feet. The applicant has proposed approximately 102,940 square feet which exceeds the minimum code requirement. The applicant will use the open space for pedestrian pathway corridors throughout the development and both passive and active uses in Tract A. The 20 foot wide Tract F abuts the north property line which is planned for the future SR-510/507 bypass improvement. The applicant must provide an earthen berm with screening landscaping and perimeter landscaping. 12. A mitigation measure in the Mitigated Determination of Nonsignificance (MDNS) issued following SEPA review requires the applicant to enter a school mitigation agreement with the Yelm School District to offset the impacts on the district of -5- school aged children residing in the plat. 13. The applicant will provide minimum parking spaces of two per unit on each residential lot. 14. The parcel is located within the City sewer service area but currently not connected to the City's STEP sewer system. A sewer line presently exists in the Killion Road right-of-way adjacent to the parcel. The applicant may, therefore, extend the sewer line into the plat to serve all lots. 15. The parcel is also in the City's water service area, but presently not connected to the City water system. As with sewer, an existing water main exists in the Killion Road right-of-way and the applicant may extend it into the site to serve each residential lot and provide fire flow for the subdivision. 16. The applicant proposes three storm drainage facilities with a total area of 2.58 acres. The City of Yelm storm water manual requires the applicant to control and treat storm water runoff in accordance with the requirements set forth therein. The applicant has submitted a preliminary storm water report that estimates the impervious surfaces, infiltration rates of runoff, and a conceptual design for treatment and storage of the storm water. Following preliminary plat approval, the applicant will submit a final design to the City for review and approval. 17. The applicant must provide street lighting in accordance with the City's development guidelines and landscaping in accordance with Chapter 17.80 YMC. The applicant will landscape the south, east, and west property lines with Type 2 perimeter landscaping, and will also landscape the 20 foot wide, Tract F adjacent to the north property line with an earthen berm at least three feet in height and 20 feet in width. The applicant will install street trees and grass in planter strips along road frontages and will also install landscaping in open spaces and around the storm water facilities. The applicant must also, in accordance with Section 14.16.110 YMC, preserve as many trees as possible and incorporate trees into the development plan. The applicant has provided a letter of intent to complete a full tree and vegetation plan which shows the possibility of preserving trees in the open space areas and along some perimeter lot lines. 18. The parcel is located within the Moderate Density Residential (R6) zone classification of the YMC. Section 17.15.020 YMC authorizes single family residential dwellings on individual lots as outright permitted uses provided the density does not exceed six dwelling units per acre or fall below three dwelling units per acre. The subdivision proposes a density of approximately five dwelling units per acre and therefore satisfies the density guidelines. Section 17.15.050 YMC provides no minimum lot area or lot width requirements. However, said section requires a 25 foot setback from collector streets, five foot minimum side yard -6- setbacks with a total on both sides of 12 feet, minimum rear yard setback of 25 feet, maximum building area coverage of 50%, and maximum development coverage of 75%. The proposed lot sizes allow space for a reasonably sized, single family residential dwelling which will meet all setbacks and area coverage requirements. Thus, the parcel is consistent with the R6 zone classification. CONCLUSIONS: 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 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, schools and school grounds, sidewalks, and other features assuring safe walking conditions for students in accordance with Section 16.12.170(A) YMC. 3. The subdivision conforms with the Yelm/Thurston County Joint Comprehensive Plan, the City zoning ordinance, the City subdivision ordinance, and City development guidelines. 4. The proposed subdivision conforms with the applicable R6 zone classification and all other development regulations. 5. Public facilities within the area have sufficient capacity to serve the subdivision concurrent with the development, and as sanitary sewers in the area have capacity to serve all lots. 6. The preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to major transportation corridors and the City's downtown area. Therefore, the preliminary plat should be approved subject to the following conditions: Lot Size and Setbacks Lot size and setbacks are adequate as proposed, however, corner lots shall place driveways and direct house fronts as follows: Lot #1 -Driveway faces east, house fronts to the east Lot #12 -Driveway faces west or south, house fronts to the west Lot #43 -Driveway faces west, house fronts to the west Lot #44 -Driveway faces west, house fronts to the west Lot #76 -Driveway faces east, house fronts to the east Lot #84 -Driveway faces south, house fronts to the west -~- Lot #123 -Driveway faces east, house fronts to the east Lot #125 -Driveway faces east, house fronts to the east Lot #126 -Driveway faces east, house fronts to the east Lot #128 -Driveway faces north, house fronts to the east Lot #147 -Driveway faces north, house fronts to the north Lot #149 -Driveway faces north, house fronts to the north Lot #150 -Driveway faces west, house fronts to the south Lot #170 -Driveway faces north, house fronts to the west Lot #173 -Driveway faces south, house fronts to the west Open Space 2. The applicant shall provide for at least 88,034.76 square feet of open space, with vehicular access provided for maintenance purposes. 3. The applicant shall submit a final improvement plan for the open space. The open space improvement(s) shall demonstrate compliance with Chapter 16.14.050. 4. The applicant shall provide an earthen berm in the open space Tract F, to be at least 3 feet in height, and 20 feet wide. The Tract F open space shall be dedicated to the City of Yelm. Schools 5. The applicant shall enter into an agreement with Yelm Community School district, as required in the MDNS. Transportation 6. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Improvements required for phase I shall include the frontage from the southern property line to the northern entrances on Cullens and Killion Streets. Improvements required for Phase II shall be the remainder of the frontages to the northern property line. 7. The applicant 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 applicant will be responsible for a TFC of $757.50 per unit which is payable at time of building permit, unless previously credited towards traffic related improvements. -a- 8. The applicant shall dedicate the subdivision road connecting Cullens and Killion Streets to the City prior to the vacation of the unopened right-of- way becomes effective. 9. The applicant shall comply with traffic mitigation listed in the MDNS dated August 21, 2003. Off site traffic improvements shall be completed, per phase, prior to final approval of each phase as listed in the MDNS. Sewer 10. The proponent shall connect to the City's S.T.E.P System. There is an existing collection line located in the Killion Road right-of-way. 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. 11. Sewer connection fees are charged at the current rate of $5,125 per connection, (fee subject to 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. Water 12. The Applicant shall connect to the City's water system. There is an existing watermain located in the Killion Road right of way. The applicant shall submit domestic use and fire flow calculations demonstrating the proposed connection will support the subdivision. 13. Water connection fees are charged at the current rate of $1,500 per connection, (fee subject to change) payable at building permit issuance. All connections require a 5/8" water meter. The fee is $300.00 (fee subject to change) for a pretapped and preplumbed meter installation, payable at building permit issuance. 14. All open space areas and planting strips not located within 75' of a hose spigot, shall have an irrigation system with a separate water meter(s). The applicant shall submit final civil plans to the Community Development Department for review and approval. Stormwater 15. The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP's) are required during -9- construction. The applicant shall submit a final storm water report with construction drawings for civil approval. 16. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual dnrwells. 17. The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. 18. 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. Fire 19. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 20. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. Street Lighting 21. Per the City of Yelm's Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. Landscaging 22. 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. 23. The applicant shall provide at final plat application, a performance assurance device in order to provide for maintenance of the required landscaping until the homeowners association becomes responsible for landscaping maintenance. Environmental 24. The applicant shall comply with the mitigation conditions of the MDNS issued on August 21, 2003. -lo- Subdivision Name and Progerty Addresses 25. The applicant has reserved the subdivision name of Cherry Meadows with Thurston County Records Department. Prior to the submission of the final subdivision application, the applicant will provide the Building Department with a plat map for addressing. General Public Works 26. The applicant shall submit a grading plan for review and approval prior to any on-site grading. Tree and Vegetation Preservation 27. The applicant shall submit a detailed tree and vegetation plan to the City with Civil Plan Submission. The tree and vegetation plan shall be approved, and all trees to be preserved shall be marked and protected prior to clearing and grading permit issuance. DECISION: The request for preliminary plat approval of Cherry Meadows is hereby granted subject to the conditions contained in the conclusions above. ,~"'~ ORDERED this 16th day of October, 2003. ~-fi/~j.~ ~° STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 16th day of October, 2003, to the following: APPLICANT: D&D Associates, LLC; Don Findlay P.O. Box 310 Gig Harbor, WA 98335 City of Yelm Tami Merriman 105 Yelm Avenue West P.0. Box 479 Yelm, Washington 98597 -11- CASE NO.: CHERRY MEADOWS PRELIMINARY PLAT, SUB-03-8340-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 October 27, 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 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. -12-