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05-0121 HE Decision 07202005OFFICE OF THE HE~RING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO. APPLICANT ~C~FNT• SUMMARY OF REQUEST: SUB-05-0121-YL - Mountain Meadows Henrietta Morey ,~'~ ~,€`rar, ~~~~~~~~~~~~~~j ~~~~o ______..f-d~?~=°'' Olympic Engineering The applicant is requesting preliminary plat approval to allow subdivision of approximately 4.88 acres into 23 single family residential lots. The property is zoned R6 Medium Density Residential, which allows up to 6 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 July 5, 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 TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the project is located in the R6 zone classification and that the applicant will retain the existing duplex located near Burnett Road. The balance of the site will consist of newly created single family lots. The internal plat roads to the north and east will be affected by the new bypass corridar and it is not feasible to connect them. They -1- have required a road connection to the south. The Burnett subdivision will provide a connector road, and the applicant must provide road improvements to the main plat road within said subdivision. The applicant proposes an underground stormwater system with open space on top. The stormwater drainage facilities will be located in a separate tract which the homeowners association must maintain. They cannot have a storm drainage easement, but must have a tract. All lots will have driveway access onto the new internal street which satisfies comprehensive plan policies. HENRIETTA MOREY appeared and testified that she has owned the property since 1978 and has planned for this subdivision for many years. She will develop the subdivision in accordance with 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: FINI~INC;S• 1. The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. ~ 2. A Mitigated Determination of Nonsignificance was issued on May 31, 2005. 3. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on Friday, June 24, 2005. 4. The applicant has a possessory ownership interest in a rectangular, 4.88 acre parcel of property abutting the east side of Burnett Road north of SR-510 within the City of Yelm. The parcel abuts Burnett Road for 329 feet and measures 666 feet in depth. The applicant proposes to subdivide the parcel into 22 single family residential lots, one duplex lot, and a storm drainage tract which will also provide open space. 5. The preliminary plat map shows an existing duplex structure located on proposed lot one which presently accesses onto Burnett Road. The duplex will remain on lot one, but will access from the new, internal plat road. A barn shown to the east of the duplex will be removed. Access to the site is provided via a single, internal plat road extending east from Burnett Road and turning to the south where it will connect with an internal plat road system of an abutting subdivision to the_ south. -2- All lots will access onto the internal plat road. The applicant will install an underground infiltration stormwater system in Tract A located at the southeast corner of the intersection of the internal plat road and Burnett Road. The surface of Tract A will remain in open space. 6. In addition to the recently approved subdivision abutting the south property line, surrounding uses include single family residential dwellings within unincorporated Thurston County to the west across Burnett Road, and undeveloped properties to the north and east. 7. The site is located within the Moderate Density Residential (R6) zone classification of the Yelm Municipal Code (YMC). Section 17.15.020(A) YMC authorizes single family residential dwellings and duplexes as outright permitted uses so long as the density does not exceed six dwelling units per gross acre and does not fall below three dwellings units per gross acre. The R6 classification contains no minimum lot size requirement. The preliminary plat proposes a density of 4.91 dwelling units per acre which is consistent with the R6 classification. Section 17.15.050 YMC requires setbacks of 25 feet from collector streets, 35 feet from arterials, and 15 feet from local streets. Minimum side yard setbacks must equal five feet and both side yard setbacks must total 12 feet. Rear yard setbacks must equal 25 feet and the maximum building area coverage cannot exceed 50%, of the lot and the maximum development coverage may not exceed 75% of the lot. The rectangular lots will allow a reasonably sized building pad for single family residential homes which can meet all required setbacks. The preliminary plat will comply with all bulk regulations of the R6 zone classification. 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 paths/bicycle trails. The applicant's open space tract of 10,350 square feet calculates to 5% of the gross area of the plat. The plat makes 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 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 such agreement will assure that the plat makes appropriate provision for schools and school grounds. 10. Traffic mitigation requires the applicant to improve the east half of Burnett Road along the property frontage to City standards for a neighborhood collector road. The applicant must also construct the internal plat road to City standards for a local -3- access residential road. The applicant will also extend the internal plat road across the south property line to the internal plat road of the subdivision to the south. The applicant will construct the connecting internal road on the adjoining parcel. All lots including the duplex will access onto internal plat roads, and entering and stopping sight distance is available at the intersection of the internal plat road and Burnett Road. Conditions do not require extension of the internal plat road to parcels to the north and east as such parcels will support the SR-510 Yelm loop corridor. 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. The applicant will extend the water line which currently terminates at its south property line to the north property line of the site. The City will also provide sanitary sewer service to all lots and the applicant will extend the existing sewer line from the south property line to the north property line of the, parcel. The plat makes appropriate provision for potable water supplies and sanitary waste. 12. The applicant will construct curbs, gutters, and sidewalks on both sides of the internal plat road and along the east side of Burnett Road across the plat frontage. The applicant must also install adequate street lighting to ensure safety to pedestrians, vehicles, and homeowners. The plat makes appropriate provision for safe walking conditions. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the request for preliminary plat approval 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 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 proponent shatl comply with the mitigation requirements of the MDNS issued on May 31, 2005, which includes: -4- a. 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. Credit should be given for the existing multi-family dwelling. b. Prior to final subdivision approval, the proponent shall complete the following transportation improvements: i. The east half of Burnett Road shall be improved to City Standards - for a Neighborhood Collector along the property frontage. ii. All interior streets shall be improved to City Standards for a Local Access Residential. iii. The interior street shall be connected to the right-of-way provided to the south, with full street improvements completed to 89`h Street. The cost of these improvements shall be the responsibility of the developer. c. The driveway entrance to the existing duplex shall be located on the new interior street. d. Temporary erosion control systems to be approved by the City of Yelm. e. The proponent shall provide at least 5% of total acreage as qualified open space. f. The proponent shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. 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. The existing well shall be abandoned per Washington State Department of Ecology standards. Any water rights associated with the well shall be deeded to the City of Yelm. 3. All conditions for cross connection control as required in Section 246-290- 490 WAC. 4. All planting strips and required landscaping located within any open space, stormwater tract, and along Burnett Road shall be served by an irrigation system with a separate water meter and an approved backflow prevention device. 5. 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 -5- time of building permit issuance. Existing septic systems shall be abandoned per the Thurston County Department of Health standards. 6. The proponent shall design and construct all stormwater facilities in accordance with the 1992 DOE Stormwater Manua{, 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. 7. The stormwater plan shall be submitted with civil engineering plans and shall include an operation and maintenance plan. 8. Storm water treatment facilities shall be located in a separate recorded tract owned and maintained by the homeowners association. 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. The proponent shall be responsible for the installation of hydrant locks on all fire hydrants required and installed as part of development. The proponent shall coordinate with the Yelm Public Works Department to purchase and install required hydrant locks. 14. Street lighting will be required. Civil plan submittal shall include a lighting design plan for review and approval. 15. Prior to the submission final plat application, the proponent will provide the Community Development Department an addressing map for approval. 16. Prior to final plat application, a subdivision name must be reserved with the Thurston County Auditor's Office. -6- 17. 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, and stormwater facilities. 18. 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. 19. 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. 20. The authorization granted herein is subject to all applicable federal, state, 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 for the Henrietta Morey subdivision is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 20'h day of July, 2005. STEPHEN K. CAUSSEAUX, JR. Hearing Examiner -~- TRANSMITTED this 20th day of July, 2005, to the foliowing: APPLICANT: Henrietta Morey P.O. Box 202 Kapowsin, WA 98344 AGENT: 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 -s- ` CASE NO.: SUB-05-0121-YL - MOUNTAIPI MEADOWS 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 Auqust 3, 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 -9- 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. -io-