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Hearing Examiner Decision November 15, 2002 Yelm Property Development Denny Balascio 16440 SE Middle Road Yelm, WA 98597 RE: WILLOW GLEN PHASE II SUBDIVISION, SUB-02-8317-YL 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/ca cc: Parties of Record CITY OF YELM OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: WILLOW GLEN PHASE II SUBDIVISION, SUB02-8317-YL APPLICANT: Yelm Property Development Denny Balascio 16440 SE Middle Road Yelm, WA 98597 SUMMARY OF REQUEST: The applicant is proposing to subdivide 8.89 acre into 46 single family lots. The property is zoned R-6 Moderate Density Residential. 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 November 4, 2002. 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 Department of Community Development Staff Report, and testified that the site measures 8.89 acres and consists of the second phase of a preliminary plat currently under construction. The applicant originally requested 45 lots, but was able to obtain a 46th lot. The new lot did not change the plat layout. Density requirements are met and the public received notice. A small corner of the property was originally shown as outside of the City limits, however staff determined that the zoning map was inaccurate as to the location of the City limits and the County concurred. The project is located in the northeast portion of the City and phase one currently under construction contains 22 lots. The R-6 zone classification authorizes densities of between two and six lots per acre and requires no minimum lot size. Staff has safety concerns regarding lots 35, 58, and 59 and wants driveways on the south or north sides of said lots which will allow the greatest sight distance. Staff also requests a condition preventing the fencing of the front yards on the three lots. The City ordinance requires the applicant to reserve 5% of the site as open space. However, the City is presently developing a new 13 acre park in the vicinity, so the applicant will provide a fee in lieu of open space in the amount of $14,909. The applicant must construct roads to City standards as well as provide water and sewer. Staff is presently reviewing the storm water reports and recommends approval. Appearing was DENNY BALASCIO who cannot add to staff’s testimony. He wants to discuss with staff a few issues regarding landscaping. No one spoke further in this matter and so the Examiner took the request under advisement. 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. The City has performed an environmental review, including review of a transportation analysis, and issued a Mitigated Determination of Nonsignificance on September 27, 2002, with a comment deadline of October 11, 2002, and an appeal deadline of October 18, 2002. 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 September 5, 2002. Public Notice of the date and time of the public hearing was posted on the project site, mailed to property owners within 300 feet of the proposed site, and mailed to the recipients of the Notice of Application and SEPA Determination on October 24, 2002, and advertised in the local newspaper on October 25, 2002. The applicant has a possessory ownership interest in an irregularly shaped, 8.89 acre parcel of property improved with one single family residential home and several outbuildings. The applicant requests preliminary plat approval to allow subdivision of the site into 46 single family residential lots with a density of 5.2 dwelling units per acre. The existing home will remain on proposed lot 28, but all outbuildings will be removed. The site plan shows that the proposed subdivision will access through Willow Glen Phase I and will become Phase II of said subdivision. Cascade Avenue SE and Sundance Avenue SE, Willow Glen Phase I internal plat roads, provide access to the internal plat road for Phase II. The Phase II road consists of a loop known as Welch Loop SE. The plat map shows that the applicant has already installed pavement on Welch Loop between the intersections of the two Phase I internal plat roads. The plat map shows a Tract B storm water facility at the northeast corner and a planter strip on the outside of the looped plat road. Parcels to the north and east of the site are located within unincorporated Thurston County in the Rural Residential, Residential, and Industrial zone classifications. Properties to the west and south within the City of Yelm are located within the Moderate Density Residential (R-6) zone classification as is the site itself. The aerial photograph shows that improvements in the area include single family dwellings on large parcels and a new single family subdivision consistent with the R-6 classification. A school is located to the southeast. Lots 35, 58, and 59, located on the inside of the corner curves of the internal plat road, have sight distance problems which requires the City to specify the location of the driveways providing access to said lots and also prohibiting the installation of fences or vegetation which would interfere with entering and stopping sight distance. Conditions of approval specify a driveway placement for lot 35 no further than 85 feet from the north property line, and driveway placements for lots, 58 and 59 no further than 30 feet from their south property line. Proposed conditions of approval also address fencing restrictions, and the Examiner has expanded the condition to include vegetation. Based upon the requirements of the City of Yelm Comprehensive Plan and Chapter 14.12 of the Yelm Municipal Code (YMC), the applicant must dedicate as open space a minimum of 5% of the gross area of the parcel or in the alternative pay a fee in lieu of providing such open space. 5% of the site calculates to 19,363 square feet, and the City calculates the fee-in-lieu as $.77 per square foot or $14,909.51. A condition of approval requires the applicant to pay such amount. The Yelm School District and the applicant will enter into a school mitigation agreement which will require the payment of mitigation fees based upon the project’s impact. The school district, the applicant, and the environmental official will determine the exact amount. The parcel abuts Middle Road and the applicant will dedicate ten feet of right-of-way across the plat frontage to the City. However, the plat will not access directly from Middle Road, but via the Willow Glen Phase I internal plat road. The design of Phase I provided for the continuation of subdivision streets to serve the Phase II lots. The 46 lot subdivision will increase traffic and impact the City’s transportation system. Chapter 15.40 YMC requires a development to mitigate its impacts on said transportation system. A single family residential dwelling generates 1.01 p.m. peak hour trips, and the City transportation facility charge is $757.50 per dwelling unit, payable at the time of building permit. Conditions of approval require said payment. Compliance with conditions of approval will ensure that both Phase I and Phase II meet the policies and requirements of the City transportation plans. Each lot will have a minimum of two parking spaces, and the City will provide domestic water, fire flow, and sanitary sewer service to the project. Conditions of approval require the payment of one equivalent residential unit (ERU) per dwelling at the rate of $1,500 per ERU, and the connection of the existing home to City water. The plat will adequately address storm water runoff as the applicant must design and construct all storm water facilities in accordance with the Department of Ecology’s Stormwater Management Manual as adopted by the City of Yelm, and comply with best management practices. The storm drainage system must ensure that the storm water runoff from the roofs of the houses will infiltrate into the ground on each lot. The homeowners will own the storm water system in common, and the Community Development Department will approve the applicant’s storm water operation and maintenance plan. Thurston County Fire Protection District No. 2 will provide fire protection for the site and has a fire station within a reasonable response time. The applicant will install street lighting and sidewalks to ensure safe walking conditions for pedestrians. Chapter 17.80 YMC requires the applicant to provide on-site landscaping. While the code requires a Type II landscaping screen around the perimeter of the subdivision, the City also allows fencing of subdivisions in lieu of plants. The applicant has addressed the landscaping requirements by the submittal of a preliminary landscaping plan acceptable to the City. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that 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 waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 3. The proposed subdivision meets all bulk regulations and other requirements of the RS-6 zone classification, and assuming compliance with conditions of approval, will meet all other development regulations. 4. Public facilities in the area can adequately serve the subdivision. 5. The City’s sewer system has capacity to serve all lots within the subdivision. 6. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision in a growing area of the City near other urban density subdivisions and schools. Therefore, the proposed preliminary plat of Willow Glen Phase II should be approved subject to the following conditions: The applicant shall show adequate building envelopes for lots 35, 58, and 59 on civil plans submitted for final approval. The applicant shall show on civil plans, and the on the face of the final plat, the driveway placement for lot 35 to be no further than 85 feet from the North property line. The applicant shall show on civil plans, and the on the face of the final plat, the driveway placement for lots 58 and 59 to be no further than 30-feet from the South property line. 4. The applicant shall provide specific fencing restrictions for lots 35, 58, & 59 in the Covenants and Restrictions for the Homeowners Association, and on the face of the final plat, to provide for adequate sight distance. 5. The applicant shall pay an open space fee in lieu of in the amount of $14,909.51. 6. The proponent shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building permit. 7. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm’s Development Guidelines. Frontage improvements for Middle Road shall be consistent with the section “Neighborhood Collector”. Interior street improvements shall be consistent with the section “local access residential”. 8. Frontage improvements shall include frontage improvements deferred in the Willow Glen Phase I development. 9. The applicant shall connect to the City’s water system. Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per day and are currently charged at a rate of $1,500/ERU (subject to change) inside city limits. This fee is payable at time of building permit issuance. 10. The applicant shall connect the existing home to water service temporarily from a meter located at lot 23, and must reconnect to its own meter, as soon as the water lines are approved and dedicated to the City. 11. The applicant shall abandon the on-site well in accordance with the Department of Ecology standards, and any water rights transferred to the City. 12. The proponent shall connect to the City’s S.T.E.P System. The S.T.E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Community Development Department for review and approval. 13. Sewer connection fees are charged at the current rate of $4,986.00 per connection, (fee subject to change) payable at building permit issuance. All connections require an inspection, with a fee of $145.00 per connection, also payable at building permit issuance. These fees will be assessed at building permit issuance for each lot. 14. Existing sewage systems located on-site shall be abandoned per Article IV Rules & Regulations of the Thurston County Board of Health Governing Disposal of sewage. 15. The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP’s) are required during construction. The applicant shall compile a final storm water report along with construction drawings. 16. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. 17. The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. 18. The stormwater system shall be held in common by the Homeowners. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. 19. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 20. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. 21. 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. 22. Prior to the submission final plat application, the applicant will provide the Building Department with an addressing plat map for approval. The applicant shall comply with the mitigation requirements of the MDNS issued on September 27, 2002. Mitigation includes: a. The applicant shall mitigate transportation impacts based on the new p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 p.m. peak hour trips per residential unit. The applicant will be responsible for a TFC of $757.50 per unit, which is payable at time of building permit issuance. b. The applicant shall enter into an agreement with the Yelm School District to mitigate project impacts to the school district. 24. The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space, and stormwater facilities. DECISION: The request for preliminary plat approval of Willow Glen Phase II is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 15th day of November, 2002. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 15th day of November, 2002, to the following: APPLICANT: Yelm Property Development Denny Balascio 16440 SE Middle Road Yelm, WA 98597 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO: WILLOW GLEN PHASE II SUBDIVISION SUB-02-8317-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: 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 December 3, 2002 (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.