HE Decision 001Mike Boiter
Crest Builders
5516 76`" Street West, Ste A
Lakewood, WA 98499
August 22, 2006
RE: PRELIMINARY PLAT-RAINIER Vi'eW ESTATES
Dear Applicant:
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Transmitted herewith is the Report and Decision of the City of Yelm Hearing Examiner
relating to the above-entitled matter.
Very truly yours, _ ~
5~CAUS AUX,JR. -.
Hearing Examiner
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cc: Parties of Record
CITY OF YELM
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OFFICE OF THE HEARING EXAMINER
CITY OF YELM
REPORT AND DECISION
CASE NO.: PRELIMINARY PLAT-RAINIER VIEW ESTATES
APPLICANT: Mike Boiter
Crest Builders
5516 75'" 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
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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 fnal 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 f re 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.
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3. 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
2S, 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.
5. 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 asingle-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
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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.
8. 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 fre protection.
10. 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.
11. 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.
12. 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.
13. 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
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landscaping requirements set forth in Chapter 17.80 YMC.
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The applicant has shown that the proposed preliminary plat of Rainier View Estates
is consistent with the Yelm Comprehensive Plan and satisfes all bulk regulations
of the R4 zone classification 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 supply, 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 asingle-family residential subdivision, and therefore should
be approved subject to the following conditions:
1. The conditions of the Mitigated Determination of Nonsignifcance are hereby
referenced and are considered conditions of this approval.
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. All conditions for cross connection control as
required in Section 246-290-490 WAC.
3. 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.
4. 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.
5. The applicant shall pay a fire protection impact fee pursuant to Section
15.40.02003)(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).
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6. 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.
8. 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.
9. Street lighting is required. The applicant shall contact Intolight to provide a
lighting design plan for civil plan review and approval.
10. Prior to the submission of final plat application, the applicant will provide the
Community Development Department an addressing map for approval.
11. Prior to the submission of foal plat application, a subdivision name must be
reserved with the Thurston County Auditor's Office.
12. 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.
13. The applicant shall submit a foal 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.
14. 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
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maintenance. The performance assurance device shall be 150 percent of
the anticipated cost to maintain the landscaping for three years.
15. 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
P E . CAUSSEAUX, JR.
Hearing Examiner
TRANSMITTED this day of August, 2006, to the following:
APPLICANT: Mike Boiter
Crest Builders
5516 75'" Street West, Ste A
Lakewood, WA 98499
City of Yelm
Tami Merriman
105 Yelm Avenue West
P.O. Bax 479
Yelm, Washington 98597
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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:
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 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
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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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SR~cF7~F~
City of Yelm ' ~~~~
Commanity Development Department
PO BOX 479
YELM, WA 98597
360-458-3835
MEMORANDUM
TO: PARTIES OF RECORD
FROM: STEPHEN K. CAUSSEAUX, JR., Hearing Examiner //~~
RE: PRELIMINARY PLAT OF RAINIER VIEW ESTATES ...CCC lll~~~
DATE: September 8, 2006
By Report and Decision dated August 22, 2006, the Examiner approved the
preliminary plat of Rainier View Estates subject to 15 conditions of approval.
Condition No. 15 addresses changing the configuration of the road as it connects
to the roads of the property to the north. Subsequent to the hearing the applicant
and City staff drafted an agreed condition which better reflects the understanding
of the parties if changes to the road configuration occur. Therefore, Condition No.
15 is hereby revised to read as follows:
15. If the developer chooses to change the configuration of
the road layout as it connects to the property to the north
at any time prior to final subdivision approval, the
Community Development Department is authorized to
approve the proposed alteration with no further review by
the Examiner, pmviaed that the new iot configuration is
consistent with the requirements of the Yelm Subdivision
Code, Title 16 YMC, and the Yelm Zoning Code, Title 17
YMC.
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