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GMS HE DecisionOFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO SPR050657YL APPLICANT GMS Construction PO Box 422 Spanaway WA 98387 AGENT Clint Pierpoint KPFF Consulting Engineers 4200 6 Avenue SE Suite 309 Lacey WA 98503 SUMMARY OF REQUEST The applicant is requesting approval of a binding site plan to allow construction of a 15 unit multifamily development on approximately 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 December 4 2006 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 NISHA BOX appeared presented the Community Development Department Staff Report and testified that the record must remain open until December 11 as the City could not i provide adequate written notice to surrounding property owners due to weather related issues The applicant will provide a 75 foot wide easement along the east property line to the City which will allow access for maintenance to a water line Street frontage improvements will include sidewalks and planter strips The stormwater drainage plan calls for infiltration and pretreatment The project site contains more than one acre as the City considers the lot size as extending to the center of Longmire Street GARY THOMPSON City building offcial and Fire Marshal appeared and testified that the applicant will sprinkle the apartments and that fire hydrants within the project site will give appropriate coverage for the Fire Department They will have access to the rear of the structures along the east property line The internal driveways provide appropriate hammerhead turnarounds CLINT PIERPOINT appeared and testified that they will provide 10 of the site as open space or meet the requirement with additional amenities The turnaround does meet the hammerhead requirements The waterline does not have an easement along the property to the east However they will provide their proportionate share They do not propose a Swale but emergent technology that will properly treat stormwater The condominiums will measure approximately 1540 square feet and will have two parking spaces 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 The Hearing Examiner has admitted documentary evidence into the record heard testimony and taken this matter under advisement 2 The City of Yelm Responsible Official issued a Mitigated Determination of Nonsignificance based on WAC 19711158on September 26 2006 No appeals were filed 3 Notice of the date and time of hearing was posted on the project site on November 22 2006 and mailed to property owners within 300 feet of the project site on November 29 2006 due to weather conditions Notice of the date and time of hearing was published in the Nisqually Valley News in the legal notice section on November 24 2006 z 4 The applicant has a possessory ownership interest in a rectangular unimproved parcel of property abutting the south side of Longmire Street west of its intersection with Yelm Avenue SR510 within the City of Yelm The parcel abuts Longmire Street for 175 feet and measures 200 feet in depth The applicant requests binding site plan approval to allow development of the site into 15 units of multifamily housing 5 The site plan shows access provided via an internal driveway extending south from Longmire Street opposite the intersection with Berry Valley Drive The driveway provides access to an eastwest driveway which in turn provides access to both tiers of multifamily units A 178 foot wide setback from the east property line allows emergency vehicle access to the southern tier of multifamily units Parcels to the north east and west are zoned for residential uses while property to the south is zoned for parks and open space The multifamily structures will maintain a 35 foot wide setback from the south or rear property line 6 The site is located within the High Density Residential R14 zone classification of the Yelm Municipal Code YMC Section 1718020YMC authorizes multifamily dwellings with a maximum density of 14 dwelling units per gross acre and a minimum density of six dwelling units per gross acre in said zone classification Since the City interprets the lot size as extending to the center of the abutting street the parcel exceeds one acre in size and the density meets the requirement of the R14 classification Section 1718040 YMC sets forth the bulk regulations of the R14 zone classification which require a 25 foot front yard setback on collector arterials and 15 feet on local streets The City Development Guidelines lists Longmire Street as a local access road which requires a 15 foot wide front yard setback However the Tahoma Terra subdivision constructed Longmire Street to neighborhood collector standards which would require the wider 25 foot wide setback The City has determined that the Development Guidelines control and the applicant has provided a minimum 15 foot wide front yard setback The structures also meet the minimum side yard setback of ten feet and minimum rear yard setback of 25 feet as the site plan shows side yard setbacks of ten feet and 178 feet and a rear yard setback of 35 feet 8 Prior to obtaining approval of a binding site plan an applicant must establish that the request satisfies the criteria set forth in Section 1632065 YMC Findings on applicable criteria are made hereinafter 9 Chapter 1412 YMC requires that an applicant dedicate a minimum of 5 of the gross acreage of the parcel as usable open space Open space uses may include environmental interpretation or education parks recreation lands athletic fields or foot pathsbicycle trails Said section requires dedication of 4356 square feet as 3 open space or in the alternative a payment in lieu of providing such open space The applicant at the hearing testified that it will meet open space requirements and therefore compliance with Chapter 1412 YMC will ensure that the plat makes appropriate provision for open spaces parks and recreation and playgrounds 10 A mitigating measure in the MDNS issued pursuant to the authority of the State 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 Entry of the agreement will ensure that the plat makes appropriate provision for schools and school grounds Conditions of approval require the applicant to complete Longmire Street in a manner to meet neighborhood collector standards In the present case the applicant would need to install sidewalks and planter strips along the south side of the traveled portion Conditions of approval require the applicant to satisfy the Transportation Facility Charge TFC based on 6 new peak hour trips per residential unit 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 conditioned upon the applicant paying connection fees and satisfying its obligations under a water latecomer fee The City will also provide sanitary sewer service to all dwelling units subject to the applicant paying connection charges and satisfying a latecomer fee The plat makes appropriate provision for potable water supplies and sanitary waste 12 The City will review required streetlighting at the time of civil plan review to ensure adequate lumination for safe walking conditions Furthermore the applicant will construct sidewalks across the plat frontage on the south side of Longmire Street The project makes appropriate provision for safe walking conditions 13 The applicant will construct the stormwater drainage facilities to City standards which include the 1992 Department of Ecology stormwater Manual The applicant proposes an aquaswirl stormwater treatment device for water quality treatment and onsite infiltration Construction of the stormwater system to City standards will ensure that the binding site plan makes appropriate provision for drainage ways 14 The project must satisfy the landscaping requirements set forth in Chapter 1780 YMC Said chapter requires Type II landscaping around the perimeter of the parcel with the exception of the Longmire Street frontage Chapter 1780 requires a Type III landscape buffer along the Longmire Street frontage which includes a minimum width of six feet for planter strips with grass and street trees The applicant must submit a detailed final landscape and irrigation plan at the time of civil plan review 4 CONCLUSIONS 1 The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request 2 The proposed binding site plan will serve the public use and interest by providing an attractive location for amultifamily residential development convenient to major thoroughfares 3 The proposed binding site plan conforms with applicable zoning and all other City development regulations 4 The public facilities impacted by the proposed binding site plan are adequate and available to serve the future residences concurrent with development 5 The project is within the City sewer service area and water service area and the City has capacity to serve the site with both sewers and water 6 The proposed binding site plan should be approved subject to the following conditions 1 The conditions of the Mitigated Determination of Nonsignificance are hereby referenced and are considered conditions of this approval 2 Each dwelling within the multifamily development shall connect to the City STEPsewer system There is an existing sewer main located in Longmire Street This line was installed by the developer of the Tahoma Terra subdivision located to the west of the subject parcel The sewer latecomer fee associated with this parcel is in the amount of 379381 pursuant to the latecomers agreement created by the developer of the Tahoma Terra subdivision and must be paid prior to foal Binding Site Plan approval The connection fee and inspection fee will be established at the time of building permit issuance 3 Each dwelling unit with the Multifamily development shall connect to the City water system and provide internal service to lots and hydrants There is an existing water main located on Longmire Street which extends into the subject parcel This line was installed by the developer ofTahoma Terra a residential subdivision located to the west of the subject parcel The water latecomer fee associated with this parcel is in the amount of 589300 pursuant to the latecomers agreement created by the developer of the Tahoma Terra subdivision and must be paid prior to final Binding Site Plan s approval The connection fee and meter fee will be established at the time of building permit issuance All conditions for cross connection control shall be met as required in Section 246290490 WAC 4 The proponent shall mitigate transportation impacts based on the new residential PM peak hour trips generated by the project The Transportation Facility Charge TFC shall be based on 60 new peak hour trips per residential unit A TFC of 75750 per dwelling unit is due and payable at time of building permit issuance Credit should be given for the existing dwelling unit to be removed 5 Frontage improvements are required on Longmire Street and shall be improved to city standards for a Neighborhood Collector Street 6 Pursuant to the requirements of Chapter 1540 YMC the following requirements must be met for concurrency purposes The builder of any structure within the subdivision shall pay a fire protection impact fee pursuant to Section 154002086 YMC The impact fee for 2006 is 0216 per square foot of new development and is payable at building permit issuance fee subject to change 7 Olympic Regional Clean Air Association ORCAA Permit is required for demolition of the existing building 8 The proponent shall provide at least 10 percent of total acreage as qualified open space The City will accept a fee in lieu of the 1688 square feet of undedicated open space that is required The fee amount will be in the amount of 129976based on a fee charge of 77 cents per square foot 9 The civil engineering plans shall include plans for the collection treatment and infiltration of stormwater in accordance with the 1992 DOE stormwater Manual as adopted by the City of Yelm Best Management Practices BMPs are required during construction A 10footsetback from all property lines and easements are required for stormwater facilities The final stormwater plan shall include an operation and maintenance plan The stormwater system shall be held in common by the Homeowners Association and 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 drywells 6 10 Street lighting is required The Applicant shall contact Intolight to provide a lighting design plan for review and approval 11 Prior to the approval of civil engineering plans the applicant will provide the Community Development Department an addressing map for approval 12 Prior to the submission of final application a Binding Site Plan name must be reserved with the Thurston County Auditors Office 13 The civil engineering plans shall include a landscaping plan that is consistent with the conceptual landscaping plan but that identifies type II landscaping along the Longmire Street perimeter of the site Landscaping appropriate to a neighborhood park shall be required in the open space The landscaping plans shall include details for irrigation of all planting strips and required landscaping located in any open space tract and along Longmire Street Irrigation plans shall include a separate water meter and approved backflow prevention devices 14 The applicant shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the 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 15 The refuse container location as displayed on the conceptual site plan meets the City of Yelm requirements for screening and shall be approved by LeMay Inc prior to submittal and plan approval Screening shall be at least as high as the refuse container and shall in no case be less than six feet high 16 Prior to construction civil engineering plans shall be submitted to the Community Development Department for review and approval Civil plans submission shall be consistent with the requirements of the Yelm Development Guidelines and shall include details on all required infrastructure 17 The civil engineering plans shall include a fire hydrant plan consistent with the Yelm Development Regulations which includes the proposed location of all hydrants and service lines and fire flow calculations for all existing and proposed hydrants The applicant shall be responsible for the fee for 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 required hydrant locks DECISION The request for binding site plan approval to allow construction of a 15 unit multifamily development on a one acre site located at 304 Longmire Street SE Yelm is hereby granted subject to the conditions contained in the conclusions above ORDERED this 21 day of December 2006 i 7 STEPHEN K CAUSSEAUX JR Hearing Examiner TRANSMITTED this 21 s day of December 2006 to the following APPLICANT GMS Construction PO Box 422 Spanaway WA 98387 AGENT Clint Pierpoint KPFF Consulting Engineers 4200 6 Avenue SE Suite 309 Lacey WA 98503 OTHERS Don Findlay PO Box 310 Gig Harbor WA 98335 David Demko 17225 119 Avenue Yelm WA 98597 City of Yelm Tami Merriman 105 Yelm Avenue West PO Box 479 Yelm Washington 98597 a CASE NO SUBOS0657YL 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 430 pm on January 2 2007 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 g 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 EXAMINERS 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 1549160 in accordance with Section 226150 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