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HE Decision 001OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: SUB-04-0175-YL APPLICANT: Freestone DFF Yelm II LLC, Scott Griffin SUMMARY OF REQUEST: The applicant is requesting preliminary plat approval to allow subdivision of 17.45 acres into 50 single family residential lots. 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 June 7, 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 "1" - Planning and Community Development Staff Report and Attachments regarding preliminary plat EXHIBIT"2" - Planning and Community Development Staff Report and Attachments regarding SEPA appeal EXHIBIT"3" RCWexcerpts TAMI MERRIMAN appeared, presented the Community Development Department Staff Report regarding the proposed preliminary plat, and testified that the site is located within the R6 zone classification. The site previously consisted of two parcels with the house on 1- the larger lot, but a BLA changed the lot confguration. Proper notice was given. Staff has conditioned the access for corner lots and wants the fencing restored on lot 28. The City also will require hydrant locks on all new fire hydrants to prevent water theft. The project meets all City rules and regulations and the requirements of the Shoreline Management Act. GRANT BECK appeared and presented the Community Development Department Staff Report regarding the environmental appeal. The project meets all conditions with the exception of the driveway access from the existing house. The City considered the driveway access as part of the overall development. The parcel containing the house was excluded from the subdivision requirements, but the City indicated it would treat both parcels as included in the same action and imposed SEPA conditions covering both. The City expressed its willingness to take a longer term look and so required elimination of the driveway six years after the filing of the final plat. They used the six year period based upon the concurrency requirement. The house is not part of the subdivision pursuant to a series of activities taken by the applicant. SEPA can look at cumulative impacts. The house is part of the original parcel and traffic will increase upon development of the subdivision. Staff cited a number of policies within the comprehensive plan to include traffic movement. The condition is reasonable and capable of accomplishment even though the parcels are under different ownership. There was agreement between property owners during the BLA process. WILLIAM LYNN, attorney at law, appeared and introduced the appellant's case. JEAN CARR, Parametrix, appeared and testified that they have reviewed the staff report and concur with conditions of approval except those set forth in the MDNS. MR. LYNN reappeared and testified that the central fact is that no change will occur in the house. They will use the same driveway and create the same amount of traffic. If the house changed in any way, the City could justify the condition. However, it is not part of the plat and the property sold to the applicant did not include the house. The City raised the issue from day one and the applicant took the other position. He referred to the SEPA statute and the requirement for impacts of the proposal. Impacts will occur across a substantial balance of the parcel, but not the parcel on which the home is located. The action does not affect the driveway. A signifcant environmental impact must be disclosed in an environmental document. A finding of fact in the MDNS does not qualify as that disclosure and therefore no disclosure gives rise to the improvement. The MDNS measure is likewise not based on written policy. The policy must be set forth in a written document, and the policies cited by the City do not require shutting down a driveway. The house is not a lot within a subdivision, but is already built and creating its own impacts. If the subdivision abutted a neighbor's parcel the City couldn't require connection of the neighbor's driveway per the policy cited. Furthermore, the mitigating measure is not capable of completion. The lot owner cannot access the garage from a plat road. Finally -z- it is contrary to RCW 82.02.020 as the project consists of a plat of raw land and has nothing to do with the house parcel. He referred to the Cobb and Benchmark cases. The development did not create the driveway onto the road. It was a preexisting impact. Concerning a series of action, SEPA does recognize such, but the basis must be tied to the same act. Neither the BLA nor the subdivision affect the driveway. They have agreed to extend frontage improvements across the house property. 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: 1. The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. The SEPA responsible official issued a Mitigated Determination of Nonsignificance (MDNS) on March 21, 2005. An appeal of said MDNS was filed. 3. Notice of the date and time of public hearing was posted on the project site, mailed to the owners of property within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA determination on May 23, 2005. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on May 27, 2005. 4. The applicant has a possessory ownership interest in an irregularly shaped, 17.45 acre parcel of property abutting the south side of Middle Road within the City of Yelm. The applicant requests preliminary plat approval to allow subdivision of the site into 50 single family residential lots and four tracts. 5. The site plan shows that the project excludes a single family residential home and lot abutting Middle Road near the center of the northern portion of the site which abuts Middle Road. Said parcel measures 163 feet in width and 242 feet in depth. The plat parcel to the east of said lot measures 179 feet in width and the plat parcel to the west of said lot measures 145 feet in width. The preliminary plat map shows access provided a single access road extending south from Middle Road adjacent to the eastern property line of the excluded lot to near the center of the site where it terminates at a "T" intersection with another internal plat road. The road extending west from the intersection eventually loops south and terminates in a cul-de-sac -3- adjacent to the eastern property line of the excluded lot. The road extending west reaches the western property line of the plat parcel and can provide access to a future subdivision on the abutting parcel. All plat lots will access onto the internal plat road. Tracts B and C, located in the west-central portion of the site, will serve as storm drainage facilities, and Tract A, located to the south of Tracts B and C and the southern tier of lots, will serve as open space. Tract D, located to the south of Tract A and including Yelm Creek, will be dedicated to the City as a nature preserve. 6. Residential subdivisions abut the site to the northwest and across Middle Road to the northeast. Yelm Creek abuts the parcel on the south and the Fort Stevens school property abuts the parcel on the southeast. The project will fit well with existing development in the area. The site is located within the Medium Density Residential (R6) zone classification of the Yelm Municipal Code (YMC). Section 17.15.020(A) YMC authorizes single family residential dwellings on individual lots as outright permitted uses. Section 17.15.050 YMC does not require a minimum lot size in the R6 classification, but Section 17.15.020(A)(1)YMO requires a maximum density of six dwelling units per gross acre and a minimum density of three dwelling units per gross acre. Considering the entire 17.45 acre parcel, the density calculates to 2.87 dwelling units per acre, less than the minimum of three units per acre. However, the applicant proposes to dedicate the 5.63 acre Tract D to the City which will reduce the size of the parcel to 11.82 acres. The density will the meet the YMC requirements. 8. All lots have a rectangular shape and will support a reasonably single family residential home. Development on each lot can meet all setbacks, maximum building area sized coverage, and maximum development coverage as set forth in Section 17.15.050 YMC. 9. Chapter 14.12 YMC requires a preliminary subdivision to set aside 5% of its gross area as usable open space. Appropriate uses of such open space include environmental interpretation for education and foot paths/bicycle trails. The code also requires 75% of the open space accessible to either the general public or all future residents of the plat. The applicant's proposal to dedicate 5.63 acres of open space along Yelm Creek and to provide 1.48 acres in Tract A which the homeowners will hold in common ssatisfies the open space requirement. 10. A mitigating measure in the Mitigated Determination of Nonsignificance issued pursuant to the State Environmental Policy Act (SEPA) requires the applicant to enter into a school mitigation agreement with the Yelm School District to offset the impacts on the district of school aged children residing in the site. The entry of such 4- agreement will ensure that the plat makes appropriate provision for schools and school grounds. 11. Chapter 15.24 YMC requires all new subdivisions to improve street frontages to current City standards. The City identifies Middle Road as a neighborhood collector street which requires a 16 foot travel lane, vertical curb, seven foot planter strip with street trees 35 feet on center, "No Parking" signs, a five foot wide sidewalk, and street lighting. The applicant has agreed to install the road improvements along Middle Road not only across the plat frontage, but also across the excluded lot frontage. The applicant will construct internal subdivision roads to local access standards and dedicate them to the City upon final plat approval. Subdivision streets will have two, 11 foot travel lanes; two, seven foot parking lanes; a concrete rolled edge curb and gutter; six foot planter strip with street trees 35 feet on center; a five foot wide sidewalk on one side of the street; and street lighting. The preliminary plat map shows compliance with Section 16.16.090 YMC which requires the street layout of new subdivisions to provide for the continuance of streets to adjoining subdivisions. The applicant has extended the internal plat road to the west property line. The applicant will also mitigate impacts to the City transportation system by compliance with the transportation facility charge of $757.50 per peak hour trip. The project also provides adequate parking both on and off site. The plat makes appropriate provision for streets, roads, alleys, and other public ways. 12. The City will provide both domestic water and fre flow to the site, and the applicant must pay a connection charge and also comply with a latecomers agreement for the cost of installing the water main within Middle Road. Conditions of approval require installation of fire hydrant locks on fire hydrants to prevent theft of water. The plat makes appropriate provision for water supplies and fire protection. 13. The City will provide sanitary sewer service to each lot and the applicant must construct sewer lines in accordance with City standards. Internal plat sewer lines will connect to an existing sewer main on Middle Road. Once again, previous development constructed the sewer line and the applicant must comply with a latecomers agreement. The plat makes appropriate provision for sanitary sewers. 14. The applicant's stormwater management plan must comply with the adopted 1992 Department of Ecology's stormwater Manual which requires both treatment and control of stormwater runoff. The applicant has submitted a conceptual design for the treatment and infiltration of stormwater runoff, and the Community Development Department has found the plan appropriate. High ground water conditions will require the applicant to show it can provide three feet of vertical separation. Compliance with adopted City standards will ensure that the plat makes appropriate provision for storm drainage. 5- 15. The applicant must comply with Chapter 17.80 YMC, the landscaping standards, and landscape the perimeter of the site with Type 2 landscaping. The applicant may substitute fencing for the landscape screen. CONCLUSIONS: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed preliminary plat makes appropriate provision for the public health, safety, and welfare for open spaces, drainage ways, streets, potable water supplies, sanitary waste, parks and recreation, schools and sidewalks. Therefore, the proposed preliminary plat should be approved subject to the following conditions: Those corner lots specified below shall place driveways and fronts of houses as follows: Lot 1 -Driveway faces Road B, house fronts Road B. Lot 9 -Driveway faces Road B, house fronts Road B. Lot 12 -Driveway faces Road A, house fronts Road A. Lot 27 -Driveway faces Road A, house fronts Road A. Lot 28 -Driveway faces Road B Cul-de-sac, house fronts Road B Cul-de- sac. 2. The applicant shall provide specific fencing restrictions for lot 28 in the Covenants and Restrictions for the Homeowners Association. and on the face of the final plat, to provide for adequate sight distance. 3. The South half of Middle Road shall be improved to City Standards for a Neighborhood Collector from the northwest property line to the Southeast property line, including the road frontage for the lot with the existing single family residence, created by BLA-04-0099-YL. Additional right-of-way may be required for frontage improvements. 4. Internal streets within the subdivision will be constructed per Yelm Development Guidelines for "Local Access Residential". 5. Internal Road B shall connect to the subdivision in construction to the West. Applicant shall insure that road elevations are met prior to civil plan submittal. Internal Road C shall meet City of Yelm cul-de-sac design requirements. 6- 6. The design of the entrance to Road A into the plat shall provide for a minimum 35-foot radius, and may require additional right of way. 7. The applicant shall mitigate transportation impacts based on the new peak P.M. trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak P. M. trips per single family dwelling, payable at time of building permit issuance. 8. The applicant shall protect the Flood Hazard Zone area, by assuring that encroachments shall not result in any increase of flood levels. The flood hazard zone area, and the Shoreline jurisdiction area shall be dedicated as open space. Protective fencing shall be installed at the flood zone area during all construction. 9. Tract D, the shoreline jurisdiction area shall be dedicated to the City of Yelm. 10. An easement through Tract A to allow the City of Yelm access to the shoreline area Tract D shall be created and recorded on the face of the plat. 11. The applicant shall provide pedestrian access to the dedicated open space. 12. 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. 13. All conditions for cross connection control as required in Section 246-290- 490 WAC. 14. The applicant shall pay the latecomer fee associated with the water line at the time of connection. 15. All planting strips and required landscaping not located within 76' of a hose spigot shall be served by an irrigation system with a separate water meter and an approved backflow prevention device. The applicant shall submit a final landscape and irrigation plan at the time of civil plan submission. 16. 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. 17. The applicant shall pay the latecomer fee associated with the existing sewer line at the time of connection. 18. 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 lines and easements are required for stormwater facilities. 19. The applicant shall prepare a final stormwater plan to meet high ground water issues. The plan shall be submitted with civil engineering plans and shall include an operation and maintenance plan. 20. Within building setback areas for Lots 42 - 50, all fill material shall be structural fill as per IBC/IRC R401.2. 21. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 22. 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. 23. 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. 24. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 25. The applicant shall be responsible for the installation of 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 and install required hydrant locks. Hydrant lock details shall be included in Civil Plan Submission. 26. Street lighting and interior street lighting will be required. Civil plan submittal shall include a lighting design plan for review and approval. 27. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing map for approval. 28. The applicant shall comply with the mitigation requirements of the MDNS issued on March 21, 2005. 29. 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, and stormwater facilities. -e- 30. 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. DECISION: The request for preliminary plat approval for Griffin Place is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 24'" day of June, 2005. E K. CAUSS UX, Hearing Examiner TRANSMITTED this 24'" day of June, 2005, to the following: APPLICANT: Freestone DFF Yelm II LLC, Scott Griffin 6820 - 20'" St. E. Fife, WA 98424 ATTORNEY FOR APPLICANT: William Lynn P.O. Box 1157 Tacoma. WA 98401 OTHERS: Amy Head 8770 Tallon Lane NE Jean Carr 8870 Tallon Lane NE John H. Dotson 10747 Mill Road SE City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 Lacey, WA 98516 Lacey, WA 98516 Yelm, WA 98597 9- CASE NO.: SUB-04-0175-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 June 11 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 -io- 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-