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HE Decision Rainier View Estates August 22, 2006 Mike Boiter Crest Builders 5516 75th Street West, Ste A Lakewood, WA 98499 RE: PRELIMINARY PLAT-RAINIER VIEW ESTATES Dear Applicant: Transmitted herewith is the Report and Decision of the City of Yelm Hearing Examiner relating to the above-entitled matter. Very truly yours, STEPHEN K. CAUSSEAUX, JR. Hearing Examiner SKC/dc cc: Parties of Record CITY OF YELM OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: PRELIMINARY PLAT-RAINIER VIEW ESTATES APPLICANT: Mike Boiter Crest Builders 5516 75th Street West, Ste A Lakewood, WA 98499 SUMMARY OF REQUEST: The applicant proposes to subdivide approximately 5.5 acres into 22 single-family residential lots. The property is zoned R-4 Low Density Residential, which allows up to four dwelling units per acre and located at 9910 SE Durant Street, Yelm, Washington. SUMMARY OF DECISION: Approved 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 7, 2006 at 9:00 a.m. 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 access will come through the subdivision to the east, which is in the midst of construction. Said plat's road system will connect the present plat to Longmire Street to the east. Conditions require a temporary cul de sac at the north property line as the internal road will extend to Tahoma Blvd. The Longmire/Yelm intersection improvements should be completed by the Tahoma Terra project, however if they are not completed, this applicant must perform the work prior to final plat approval. The applicant will block Durant Street, which will become a pedestrian access. The cul de sac bulbs are not required and the applicant can keep the roads the way they are without them. Zoning of the parcel to the north is R14 and the City wants a connecting street to the north. Therefore, the internal road could go to the west to Durant Street, but if it did, the applicant would need to improve said road. A fire destroyed the house on the site and the applicant will abandon it. The storm water system meets all City requirements and the appropriate distance from the plat to Tahoma Blvd equals 660 feet. KEVIN FOLEY of Baseline Engineering, appeared on behalf of the request and testified that staff presented a complete description of the project and that the applicant agrees with all conditions of approval. He has some confusion regarding Durant and he wants certainty. They prefer their layout and will eliminate the cul de sacs along the right-of-way. Concerning the north parcel, he suggested a pedestrian and vehicular travel way to Durant. He knows of the turn lane at the Yelm/Longmire intersection and wonders about the timing. What responsibility does Tahoma Terra have? Ms Merriman responded by stating that the trigger mechanisms are in place in the Tahoma Terra approvals. Concerning Condition 12, if Durant Street is a 30-foot right-of-way, then the City will not need a dedication. However, if it is only an easement, then the applicant needs to dedicate the easement to the City for open space. Concerning the property to the north, the proposed condition allows flexibility so there is no need for an additional public hearing. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:30 a.m. 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. The City of Yelm Responsible Official issued a Mitigated Determination of Nonsignificance based on WAC 197-11-158 on June 5, 2006. This determination is final and fulfills the City's responsibility for disclosure of potential, significant environmental impacts. No appeals were filed. Notice of this application was mailed to state and local agencies, and property owners within 300 feet of the project site on May 1, 2006. Notice of the date and time of the public hearing before the Hearing Examiner was posted on the project site, mailed to the owners of the property within 300 feet of the project site on July 26, 2006. Notice of the date and time of public hearing was published in the Nisqually Valley News in the legal notice section on Friday, July 28, 2006. The applicant has a possessory ownership interest in a generally rectangular, 5.14 acre parcel of property, abutting the east side of Durant Street between Longmire Street on the south and Berry Valley Road on the north. The applicant requests preliminary plat approval to allow subdivision of the site into 22 single-family residential lots. The preliminary plat map shows access provided via a road extending west into the site from the abutting preliminary plat of Vista Green. The internal plat road extends west into the plat to approximately 138 feet east of the west property line, where it makes a 90° turn to the north and terminates at the north property line. Although Durant Street abuts the west property line, no lots will access thereon, as all will access onto the internal plat road. Development of the plat will require removal of all improvements to include a single-family residential home destroyed by fire and accessory structures. The preliminary plat map shows a 17,076 square foot storm drainage tract located at the southwest corner of the site. The plat proposes a minimum lot size of 5,500 square feet and an average lot size of 7,552 square feet, and the density calculates to four dwelling units per acre. The parcel abuts Durant Street for 346 feet and measures 633 feet in depth. Abutting uses include the Vista Green single-family residential subdivision to the east, and unplatted parcels either improved with single-family residential dwellings or vacant to the north, south, and west. The site is located within the Low Density Residential (R4) zone classification of the Yelm Municipal Code (YMC). Section 17.12.010 YMC provides that the R4 zone classification provides a high standard of development for single-family residential areas where all public facilities and services to include sanitary sewers are available. Section 17.12.020 YMC authorizes single-family residential dwellings on individual lots at a density of not more than four dwelling units per gross acre. Section 17.12.050 YMC does not impose a minimum lot area, but limits maximum building coverage of a lot to 50% and maximum development coverage of a lot to 75%. The lot sizes and their rectangular configurations provide a reasonably sized building envelope while still meeting required yard setbacks set forth in said section. 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 Durant Street right-of-way/easement measures 30 feet in width and the pavement approximately 15 feet in width. In accordance with the City's request, the applicant has agreed to dedicate the right-of-way/easement of Durant Street to the City and will gate both the north and the south ends for pedestrian and bike access only. A mitigating measure in the MDNS requires an entry of a mitigation agreement between the applicant and the Yelm School District which will assure that the plat makes appropriate provision for schools and school grounds. The applicant must satisfy the Southeast Thurston Fire/EMS Fire Protection Impact Fee by paying the sum of .216 cents per square foot of new development. Such will assure that the plat makes appropriate provision for fire protection. The applicant will construct the internal plat road to City local access street standards which include two, 11 foot wide travel lanes; two, seven foot wide, parking lanes; concrete rolled edge curbs and gutters; six foot wide planner strips with street trees 35 feet on center; a five foot wide sidewalk on one side of the street; and streetlighting. The applicant will remove the knuckle cul de sacs shown on the preliminary plat map. Chapter 16.16.090 YMC requires that new subdivisions provide for continuation of streets, and the applicant has done so by providing a future connection to the Vista Green subdivision to the east as well as to the parcel to the north. The abutting parcel to the north is located in the R14 High Density Residential zone classification which allows apartments at a density of up to 14 dwelling units per acre. The applicant will either extend the road to connect with the apartment road system to the north, or connect it to a road which the apartment developer may extend to Durant Street, in which case Durant would provide access to the north to the future Tahoma Blvd. The applicant will also provide a sidewalk in conjunction with said access. The applicant must also satisfy the City transportation facility charge at building permit issuance. The plat makes appropriate provision for streets, roads, alleys, and other public ways. The City of Yelm will provide potable water, fire flow, and sanitary sewer service to each lot subject to the applicant paying the applicable connection fees. The plat makes appropriate provision for potable water supplies and sanitary waste. The applicant will construct the storm drainage system to City standards which include the 1992 Department of Ecology Storm Water Manual. The manual requires both treatment and infiltration of storm water. The plat makes appropriate provision for drainage ways. The plat will provide two off street parking spaces for each lot and the YMC allows on street parking on both sides of local access residential streets. The project must comply with the landscaping requirements set forth in Chapter 17.80 YMC. CONCLUSIONS: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The applicant has shown that the proposed preliminary plat of Rainier View Estates is consistent with the Yelm Comprehensive Plan and satisfies all bulk regulations of the R4 zone classification of the YMC. 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 supply, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 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: The conditions of the Mitigated Determination of Nonsignificance 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. Required landscaping located in any open space and stormwater tract 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 pursuant to Section 15.40.020(B)(6) YMC. The impact fee for 2006 is $.216 per square foot of new development, and is payable at building permit issuance. (fee subject to change). 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 liens and easement 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 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. All roof drain runoff shall be infiltrated on each lot utilizing individual drywalls. 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 fee for 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. Street lighting is required. The applicant shall contact Intolight to provide a lighting design plan for civil plan review and approval. Prior to the submission of 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. Open space is required. The current right-of-way for Truant Street shall be dedicated for public use. Both the north and south end of Durant Street shall be gated for pedestrian and bike access only. This meets the open space requirements for the plat. 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 a required landscaping until the tenant or homeowner's 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. The applicant will connect the road abutting the north property line to a road serving the future development to the north. Said road may connect with an internal road system and provide direct access to the future Tahoma Terra Blvd, or may connect to an east-west road providing access to Durant Street and then north to Tahoma Terra Blvd. The intent of this condition is to provide flexibility for the applicant to connect the road to the north without having to return to a public hearing. DECISION: The request for preliminary plat approval for Rainier View Estates is hereby granted subject to the conditions contained in the conclusions above. ORDERED this ______ day of August, 2006 _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this _____ day of August, 2006, to the following: APPLICANT: Mike Boiter Crest Builders 5516 75th Street West, Ste A Lakewood, WA 98499 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO.: PRELIMINARY PLAT-RAINIER VIEW ESTATES 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 August 9 , 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.