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HE Decision Signed 001OFFICE OF THE HEARING EXAMINER CITY OP YELM REPORT AND DECISION CASE NO.: SUB-OS-0345-YL APPLICANT: Yelm Property Development, Dennis Balascio AGENT: Skillings Connelly SUMI'AARY OF P.EQUEST: The applicant is proposing to subdivide approximately 10 acres into 55 single family residential lots. The property is zoned R-6 Moderate 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 April 11, 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 Staff Report, and testified that the site is located within the R-6 zone classification and that the environmental official issued an MDNS. The City has agreed to accept a fee in lieu of open space as the City's Longmire Park is presently under construction. Willow Glenn I and II residents expressed concerns regarding the future street connection, but since City policies require 1- connection of roads, the plat road will extend between Grove Road and Greenleaf Loop. However, a condition of approval requires that construction trucks and personnel enter and leave the site from Grove Road. BOB CONNELLY, professional engineer, appeared on behalf of the request and testified that he agrees with the staff report and 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: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. The City of Yelm SEPA Responsible Official issued a Mitigated Determination of Nonsignificance based on WAC 197-11-158 on February 21, 2006. No appeals were filed. 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, March 24, 2006. The site was posted and property owners within 300 feet of the site were sent written notice. 4. The applicant has a possessory ownership interest in a rectangular, unimproved, ten acre parcel of property abutting the west side of Grove Road SE and extending to the east side of Greenleaf Loop SE within the City of Yelm. The parcel abuts both Grove Road and Greenleaf Loop for 372 feet and measures 1,170 feet in depth. The applicant requests preliminary plat approval to allow subdivision of the site into 55 single family residential lots. 5. The preliminary plat map shows a central, internal plat road extending between Grove Road SE and Greenleaf Loop. Two cut-de-sac roads extend north from the central plat road and one cut-de-sac extends south thereof. The cut-de-sac road extending to the north in the central portion of the plat abuts the north property line and can provide to the north should the abutting parcel develop. A storm drainage tract extends from the terminus of the south cut-de-sac bulb to the south property line. A second storm drainage tract extends between the two northern cut-de-sacs in the northeastern portion of the plat. Abutting uses are limited to single family -z- residential homes. 6. The site is located within the Moderate Density Residential (R-6) 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 requires no minimum lot area for lots within the R-6 classification, but does require setbacks of 25 feet on collector streets, 25 feet on arterials, five foot side, 25 foot rear, and maximum building area coverage of 50%, and maximum development coverage of 75%. The preliminary plat map shows rectangular lots with minimum widths of 52 feet and minimum depths of 90 feet. The building envelopes show that all lots can accommodate a reasonably sized, single family residential dwelling while still meeting all setback and impervious coverage requirements. The preliminary plat satisfies the bulk regulations of the R-6 classification. Section 14.12.040(B) YMC requires dedication of open space in an amount equal to or greater than 5% of the gross area of the proposed plat. In the present case, the applicant would need to dedicate Y: acre of open space. However, Section 14.12.050(1) YMC authorizes the City to accept a fee in lieu of dedication of open space. In the present case, the City has agreed to accept such fee since it is presently constructing a nearby public park on Canal Road. Payment of the fee will ensure that the plat makes appropriate provision for open spaces. 8. Mitigating measures in the MDNS require the applicant to enter a school mitigation agreement with the Yelm School District to offset the impact on the district of school-aged children residing in the plat. Compliance with said mitigating measures and the entry of said agreement will ensure that the plat makes appropriate provision for schools and school grounds. 9. The City Council has adopted a Fire Protection Impact Fee equal to $0.216 per square foot of residential structural area. The impact fee is collected upon building permit application. Compliance with said fee will ensure that the plat makes appropriate provision for fire protection. 10. Chapter 15.24 YMC requires new subdivisions to improve street frontages to current City standards. The City has designated Grove Road as a neighborhood collector street which requires a 16 foot wide travel lane, vertical curb, seven foot wide planter strip, and street trees 35 feet on center. Street improvements also include "No Parking" signs, a five foot wide sidewalk, and streetlighting. Conditions require the applicant to improve Grove Road to such standards across the plat frontage. The applicant will construct Greenleaf Loop across the plat frontage to local access residential standards, and will also construct the internal plat roads to said standards. Local access standards include 11 foot wide driving lanes, 7.5 foot wide -3- parking areas, curb, six foot wide planting area, and five foot wide sidewalk within a 56 foot wide right-of-way. All lots will access onto the internal plat road or onto Greenleaf Loop, and adequate entering and stopping sight distance is available at all internal intersections and at the intersections of the internal plat road and Grove Road and Greenleaf Loop. The applicant must also comply with the City's Transportation Facility Charge and make a per lot payment based upon 1.01 p.m. peak hour trips per unit. The plat makes appropriate provision for streets, roads, alleys, and other public ways. 11. The property is located within the City's water service area, and an eight inch water main is beneath Greenleaf Loop and a ten inch water main is beneath Grove Road. The applicant will connect to the City system at both Greenleaf and Grove to establish a loop for the water system. The applicant will also install fire hydrant locks on all hydrants as part of the City's ovater conservation and accountability program. Connection of all lots to City water will ensure that the plat makes appropriate provision for potable water supplies and fre protection. 12. The site is also located within the City's sewer service area and the applicant will connect all homes to sanitary sewers. Such connection will ensure that the preliminary plat makes appropriate provision for sanitary waste. 13. The applicant will construct the stormwater drainage system tc City standards which require the treatment and control of stormwater in accordance with the requirements set forth in the 1992 Department of Ecology's stormwater Management Manual. The applicant has submitted a conceptual design in accordance with said requirements. Construction of the storm drainage facility to City standards ensures that the plat makes appropriate provision for drainage ways. 14. The applicant will install streetlighting in accordance with City standards, and will construct a sidewalk on one side of internal plat roads and along the west side of Grove Road across the plat frontage. The plat makes appropriate provision for safe walking conditions. 15. The applicant must meet the requirements of Chapter 17.80 YMC which requires on-site landscaping. Because abutting properties are compatibly zoned, the applicant may install either a Type 2 landscaping screen or fencing around the perimeter of the site. The applicant must also landscape the stormwater drainage facilities. Chapter 17.80 YMC requires a detailed final landscape and irrigation plan for approval plus a performance assurance device in the amount of 150% of the anticipated cost to maintain the landscaping for three years. Compliance with the requirements of Chapter 17.80 will ensure that the plat meets all landscaping requirements. -4- 16. Representatives of the Willow Glenn I and II subdivisions expressed concerns to the Community Development Department regarding additional traffic from construction equipment and employees. Staff advised the applicant of the concerns and the applicant has agreed to limit construction traffic to Grove Road, and no trucks or employees will access the site via Greenleaf Loop. A condition of approval so requires. 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 satisfies the bulk regulations of the applicable R-6 zone classification and can meet all requirements of the Yelm Municipal Code. 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4. Public facilities impacted by the subdivision can adequately serve the subdivision concurrent with its development. 5. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to a new public park in a growing area of the City, 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 approval. 2. During construction of the plat, access to the plat shall be from Grove Road only. There shall be no access to Greenleaf Road until final plat approval. 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. 4. All conditions for cross connection control as required in Section 246-290- 490 WAC. 5. The installation of the watermain shall include the entire property frontage, s- as well as "Loop" connection between Greenleaf Loop and Grove Road. 6. All planting strips and required landscaping located in any open space and stormwater tract, and along Grove Road shall be served by an irrigated system with a separate water meter and an approved backflow prevention device. 7. 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. 8. The applicant shall pay a fire protection impact fee. The impact fee for 2006 is $0.216 per sq. ft. of new development, and is payable at building permit issuance. 9. 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. 10. The final stormwater plan shall be submitted with civil engineering plans and shall include an operation and maintenance plan. 11. All roof drain runoff shall be infiltrated on each lot utilizing individual dnywells. 12. 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. 13. 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 fnal subdivision approval. 14. The applicant shall submit fre flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 15. 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 the required hydrant locks. -6- 16. Street lighting is required. The Applicant shall contact Intolight to provide a lighting design plan for review and approval. 17. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing map for approval. 18. Prior to the submission of final plat application, a subdivision name must be reserved with the Thurston County Auditor's Office. 19. The applicant shall pay a fee in lieu of open space. The fee is $0.77 per square foot of required open space. The required square footage is 21,780, the open space fee is $16,770.62. 20. 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. 21. 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 of Willow Glenn III is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 21~' day of April, 2006. P f . CAUSSEAU'C, J . Hearing Examiner TRANSMITTED this 21s' day of April, 2006, to the following: APPLICANT: Yelm Property Development, Dennis Balascio 16420 Middle Road SE Yelm, WA 98597 ~- AGENT: Skillings Connelly 5016 Lacey Boulevard SE Lacey, WA 98503 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 e- CASE NO.: WILLOW GLENN III, SUB-05-0345-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 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 Mav 1.2006 (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 -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 foal 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-