Loading...
HE Decision Signed 001OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: SUB-OS-0058-YL APPLICANT: George Hom SUMMARY OF REQUEST: The applicant is proposing to subdivide approximately 10 acres into 52 single family residential lots. The property is zoned R6 Medium Density Residential, which allows up to 6 dwelling units per acre. The site encompasses 2 parcels, and is currently vacant land. 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 September 6, 2005, 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 "t" - Planning and Community Development Staff Report and Attachments EXHIBIT " 2" - Site Plans TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testifed that proper notice was given. The environmental official issued an MDNS on July 15, 2005, and no appeals were fled. Staff has concerns with several lots meeting the minimum requirements, but the applicant submitted a packet showing reasonable homes on the smaller lots. The applicant will participate in a latecomers agreement for sewer and water. The applicant wants to construct the recreational building i- at a later date, but in the meantime will landscape the area to include hydroseeding which meets the requirements of the City. The storm drainage system will provide underground retention in the outer perimeter area, but will need to recognize the drinking water well perimeter. To prevent a path between two, six foot, wood fences staff recommends a fencing limitation. The applicant desires a 55 year old plus community, but staff has utilized the regulations to evaluate an unrestricted subdivision. GEORGE HOM, applicant, appeared and testified that his project will benefit both senior citizens and the City. He has studied to determine the best design for a subdivision for the health of seniors, and this project will include a walking trail around the perimeter. They will also construct a recreational center which will include a heated pool, multi-purpose room, and demonstration kitchen showing seniors how to prepare healthy meals. They will also provide enrichment classes given by MDs and naturopaths. Their mission is to improve the health of senior citizens. They will build the houses using green technology which means no toxic chemicals and bamboo hardwood floors. They will use minimum wood and electronic air and water filters. Seven to eight exercise stations will be located along the trail and benches next to the exercise stations. He proposes low maintenance landscape consisting of native and edible plants such as fruit trees and flowering plants. He agrees that the internal fence should measure no more than four feet in height and does not want a tunnel. However, seniors have animals as companions and they need at least a four foot high fence to enclose pets. He expressed concerns regarding the school impact fee as a senior community will not impact the school district. MIKE MALAN appeared and testified that he has known the applicant for years and that the project will provide a much needed addition to the Yelm market. He is a retiree from the armed services and knows that seniors do not want to go from their homes directly to retirement homes. CECILIA JENKINS appeared and testified that she is a member of the Chamber of Commerce and supports the development. Many people are coming to the area to retire and do not want to live in apartments or neighborhoods overrun with teens. NAT JACKSON appeared and testified that the development is way out in front of present development and is the direction the industry should be going. He has friends in retirement communities and they need a healthy environment. BOJUNA FOSTER appeared and testifed that she has known the applicant for more than ten years and that he is a person who does what he says. The retirement community is a great dream and healthy foods are important to him as he wrote a book about them. This development will be built as shown. JOHN SABEL appeared and testified regarding the energy efficiency of the homes, and the energy cost savings will allow residents to spend more dollars locally. z- EDWARD DURAN appeared and testifed that he has known the applicant for eight years and that he has a passion for the project. He will head up the mechanical aspects of the development and they have looked at the entire envelope. The applicant attended a training seminar and they are installing the latest technology in all of the homes. They will do more than just save energy. By meeting building codes, some homes still experience mold. They have found a better way to keep moisture out of the building. JEFF PLANTER appeared and testifed that he has worked as a landscaper for 25 years and averages 50 to 70 jobs per year. Ninety percent of developers landscape only because they have to, but in this project the applicant wants to landscape to present a healthy and aesthetically pleasing environment. They will use drought tolerant plants which will provide color and edible species. MR. HOM reappeared and testified that he will provide solar panels as an option and he wants every home to run on solar power and thus be independent of utilities. He proposes LED lights. MR. JACKSON reappeared to discuss the benefts of natural foods to include blackberries and blueberries. 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: IylaUl.[H-'? 1. The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on August 26, 2005. 3. A Mitigated Determination of Nonsignificance was issued on July 15, 2005, no appeals were filed. 4. The applicant has a possessory ownership interest in a rectangular, 9.7 acre parcel of property abutting the east side of Burnett Road and the west side of Mountain View Road north of SR-510 within the City of Yelm. The parcel abuts both roads 3- for 330 linear feet and measures 1,275 feet in depth. The applicant requests preliminary plat approval to allow subdivision of the site into 52 single family residential dwellings and three open space tracts. 5. The site plan shows an internal plat road extending through the center of the site connecting Mountain View Road and Burnett Road. A .33 acre parcel in the northcentral portion of the site is proposed for a recreational building and associated parking. Open space tracts are located along the perimeter of the site. Lot sizes vary between 3,849 square feet and 7,913 square feet, and the density calculates to 5.36 dwelling units per acre. 6. Abutting uses include residential subdivisions, isolated single family homes, and developing commercial uses. Zoning in the area is a mix of commercial and residential. The site itself is located within the Moderate Density Residential (R6) zone classification of the Yelm Municipal Code (YMC). The applicant proposes a uniquely designed, high quality, senior citizen subdivision which will emphasize senior health and welfare. The project thus satisfies the intent of the R6 classification as set forth in Section 17.15.010 YMC of enhancing the residential quality of the City by providing a high standard of development and a greater variety of housing types. Section 17.15.020(A) YMC authorizes single family residential dwellings in subdivisions which do not exceed six dwelling units per gross acre nor fall below three dwelling units per gross acre. The proposed subdivision calculates to a gross density of 5.36 dwelling units per acre which meets said criteria. The R6 classification has no minimum lot size requirement, but does require setbacks from streets, side yards, and rear yards, and also has maximum building area and development coverage percentages. Staff expressed concerns about whether several lots will contain sufficient area to allow construction of a reasonably sized home. The applicant submitted house plans that will fit on all lots and meet setbacks. The proposed plat satisfies the bulk regulations of the R6 zone classifcation. 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 proposes three, open space, active recreational tracts which total 1.21 acres or 12.5% of the gross area of the plat. The applicant will improve the open space with a recreational building, walking trails with exercise stations, and benches. 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 4- 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. However, the applicant proposes a senior housing subdivision which will not include school aged children. However, the applicant has not shown that he has taken appropriate steps to legally limit the subdivision to citizens 55 years of age and older. The Examiner has therefore amplifed the mitigating measure by allowing the applicant the opportunity to convince the school district of the lack of impacts. Should the applicant and the district not come to an agreement the matter may be returned to the Examiner for resolution. Furthermore, the agreement should cover the eventuality of the subdivision converting from senior housing to a traditional subdivision open to families. Entry of the agreement will ensure 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 across the plat frontage to Neighborhood Collector standards and to dedicate additional right-of-way necessary for such improvement. Mitigating measures also require the improvement of Mountain View Road to Neighborhood Collector standards across the plat frontage which includes dedication of any necessary right- of-way. The applicant will construct the internal plat road to City standards and all lots will access onto the internal plat road. Adequate entering and stopping sight distance is available at the intersections of the internal plat road with Mountain View and Burnett Roads. The applicant must also satisfy the City's Transportation Facility Charge of $757.50 per unit payable at building permit. The project provides adequate parking for residents and guests as on-street parking is allowed on both sides of the internal plat road. 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 subject to the applicant paying current fees and also participating in two latecomer's agreements. The City will also provide sanitary sewer service to all lots and will connect two existing mains in both abutting roads. The applicant must also pay the fee connection and comply with two latecomer's agreements. 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, along the east side of Burnett Road across the plat frontage, and along the west side of Mountain View Road across the plat frontage. The applicant must also install adequate streetlighting to ensure safety for pedestrians, vehicles, and homeowners. The plat makes appropriate provision for safe walking conditions. 13. The applicant has submitted a preliminary storm water report which includes a conceptual design for the treatment and infiltration of stormwater. Staff has s- reviewed the report and finds that it complies with City standards with the exception of a small portion of the infiltration area which is located within a 100 foot well radius. Compliance with City standards will ensure that the plat makes appropriate provision for drainage ways. 14. The applicant has retained a landscape architect to provide landscaping throughout the site which will include drought resistant, flowering, and edible plants such as fruit trees and berries. The applicant will also enclose the perimeter with a six foot high, wooden fence, and a four foot high fence will designate the line between the open space tract and individual lots. 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 Green Village 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 and significant amenities for a senior citizen subdivision and therefore should be approved subject to the following conditions: The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. if the applicant takes the proper steps to legally restrict the subdivision to age 55 or over, then the applicant need not pay mitigation fees to Yelm Community Schools at the present time. However, the applicant must enter into an agreement addressing the future possibility of the subdivision converting to an unrestricted single family residential neighborhood. Should Yelm Community Schools and the applicant not reach agreement, the matter may be returned to the Examiner for a decision in writing. 2. Lot numbers 7, 13; 18, 31, 45, 46, and 52 shall either be reconfigured, or plans provided showing how setback requirements can be met. 6- 3. 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 water latecomer fees shall be paid prior to final plat submission. 4. All conditions for cross connection control as required in Section 246-290- 490 WAC. 5. The applicant shall be responsible for the installation of hydrant locks on all fre hydrants required and installed as part of development. The applicant shall coordinate with the Yelm Public Works Department to purchase and install required hydrant locks. Hydrant lock details shall be included in Civil Plan Submission. 6. All planting strips and required landscaping located in Burnett Road, Mountain View Road, and in the opens space landscaping areas shall be served by an irrigation system with a separate water meter and an approved backflow prevention device. The applicant shall submit a final detailed landscaping and irrigation plan with the civil engineering plans to include the perimeter of the project site, planter strips, and stormwater facilities. 7. The applicant shall provide in the Homeowners covenants, and on the face of the plat, fencing restrictions for individual back yard fencing. 8. Parking lot shall be landscaped with a Type IV landscaping, and include standard driveway approaches. 9. The applicant 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. 10. 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 sewer latecomer fees shall be paid prior to final plat submission. ~- 11. 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. 12. The applicant shall submit a final stormwater plan with civil engineering plans and shall include an operation and maintenance plan. stormwater facilities located along the perimeter of the site shall be located at least ten (10) feet from the perimeter property line. The stormwater treatment located in the well radius of the southeast property must be moved outside this 100' radius. 13. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 14. 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. 15. The applicant shall submit a fre hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans prior to final subdivision approval. 16. The applicant shall submit fre flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 17. 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. 18. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing map for approval. DECISION: The request for preliminary plat approval of Green Village is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 9`" day of September, 2005. HEN K. CAUSSEAUX, Hearing Examiner e- TRANSMITTED this 9`" day of September, 2005, to the following APPLICANT: George Hom 2218 Blossomwood Olympia, WA 98502 ENGINEER: SCA Consulting 4200 6`" Avenue, Ste. 301 Lacey, WA 98503 OTHERS: Jack Sabel 1827 Calais Lane NW Olympia, WA 98502 Nat Jackson 6335 Pacific Avenue SE Olympia, WA 98503 John Sailing P.O. Box 822 Kent, WA 98035 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 9- CASE NO.: SUB-OS-0058-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 specifc 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 19 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 -io- 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. _11_