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SUB-05-0684-YL HE Decision-1-OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: SUB-05-0684-YL APPLICANT: Jerry Honeysett Honeysett Development 42106 236th Avenue SE Enumclaw, WA 98022 AGENT: Skillings Connelly, Inc. 5016 Lacey Blvd. SE Lacey, WA 98503 SUMMARY OF REQUEST: The applicant is requesting preliminary plat approval to allow subdivision of 6.96 acres into 24 single family 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 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" -Community Development Staff Report and Attachments NISHA BOX appeared, presented the Community Development Department Staff Report, and testified that the record shoul?????d remain open to December 11, 2006, for comments. Water and sewer presently exist in the road in front of the project and the applicant will -2-perform standard road improvements. The site plan shows a road connection to the south property line. After reviewing the plan the applicant and the City determined that development will require removal of trees from the open space area and therefore the applicant will need to mitigate for the trees lost by planting more. BOB CONNELLY, professional engineer, appeared on behalf of the request and testified that he has no objection to conditions of approval. Catch basins will direct stormwater to a treatment facility and then to infiltration areas in the open space. They will use a level spreader and an underground water quality device. The storm drainage facility could add to the open space as it will have open water only at the low area and 4:1 slopes which do not require a fence. JERRY HONEYSETT appeared and testified that he recommends approval of the plat as he has worked together with the City to develop the site plan. He anticipates houses in the medium price range of $220,000 to $260,000. 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 October 2, 2006. No appeals were filed. 3. Notice of the date and time of the public 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. 4. The applicant has a possessory ownership interest in a 6.96 acre parcel of property abutting the west side side of Cullens Road, north of Coates Road and Yelm Avenue (SR-510). The parcel has a rectangular shape except for an 80 by 50 foot lot located in the southeast corner adjacent to Cullens Road which is excepted from the plat. The plat parcel measures 471 feet in a north/south orientation and 644 feet in an east/west orientation. Improvements on the site include two single family residential -3-homes, an accessory garage, and agricultural structures. One house will remain on proposed lot 13, but the house in the open space Tract B will be removed. 5. The preliminary plat map shows access provided to the site via a single, internal plat road extending west from Cullens Road near the north property line and then turning south where it dead-ends at the south property line in the western portion of the plat. A second internal road extends east from the main road and terminates in a cul-de-sac. A 15,385 square foot open space area and 15,389 square foot storm drainage facility are located between the two internal plat roads. A 38,720 square foot Tract B extending from the storm drainage tract and cul-de-sac to Cullens Road will remain in open space to protect a drinking water well serving the house in the excepted lot in the southeast corner. The applicant requests preliminary plat approval to allow subdivision of the site into 24 single family residential lots. The preliminary plat proposes a minimum lot size of 5,199 square feet and a density of 3.45 dwelling units per acre. The parcel contains no critical areas. 6. The parcel is located in the Moderate Density Residential (R6) zone classification of the Yelm Municipal Code (YMC). Abutting parcels to the north, south, and east across Cullens Road are also located within the R6 classification. However, the property abutting the west property line is located within the Commercial (C1) classification and is currently undeveloped. Parcels to the north and south are improved with single family homes, and parcels to the east across Cullens Road are undeveloped. Section 17.15.020(A)(1) YMC authorizes single family residential dwellings as outright permitted uses in the R6 classification. Section 17.15.050 YMC sets forth the density and lot development guidelines for the R6 classification and has no minimum lot area requirements. However, said section requires yard setbacks including 35 feet from arterial roads, a minimum side yard setback of five feet from one side yard, and rear yard setback of 25 feet. Said section also restricts building area coverage to 50%, minimum development coverage to 75%, and maximum height of structures to 35 feet. Furthermore, Section 17.15.020 YMC limits the density to six dwelling units per gross acre. The proposal of 24 dwelling units on 6.96 acres calculates to a density of 3.45 dwelling units per acre. The applicant will increase the density by developing Tract B at such time as it can abandon the drinking water well. The rectangular lots, having a minimum width of 50 feet, will provide a building envelope which can support a reasonably sized structure meeting all setback requirements. The project therefore complies with the R6 zone classification. 7. 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 footpaths/bicycle trails. The present plat must dedicate 15,385 square feet of open space and the applicant proposes to do so. While not considered open space, the underground storm drainage area will provide an additional 15,389 square feet of grass. Conditions of approval require the applicant to improve the open space tract -4-with play equipment, athletic courts, and picnic facilities. Compliance with Chapter 14.12 YMC will ensure that the plat makes appropriate provision for open spaces, parks and recreation, and playgrounds. 8. 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. 9. Pursuant to the City’s request, the applicant submitted a Traffic Impact Analysis (TIA) for the project. The TIA anticipates that the project will generate 24 vehicle trips during the p.m. peak period and an average daily volume of 230 trips. The TIA assessed the impacts of the plat traffic on the intersections of Cullens Road/SR-510, SR-507/SR-510, and the internal plat road/Cullens Road. The The TIA anticipates that the internal plat road/Cullens Road intersection will operate at Level of Service (LOS) A, and that plat traffic will not appreciably impact the operation of the two existing intersections. The applicant must comply with the City Transportation Facility Charge (TFC) of $757.50 per dwelling unit and must also improve the west half of Cullens Road across the plat frontage to City neighborhood collector standards. The applicant will construct the internal plat road to local access residential standards. The plat makes appropriate provision for streets, roads, alleys, and other public ways. 10. The City of Yelm will provide both domestic water and fire flow to the site subject to the applicant paying current connection fees and extending the waterline in Cullens Road to the plat parcel. Upon such waterline extension and connection, the preliminary plat will make appropriate provision for potable water supplies. 11. The parcel is within the City sewer service area and a four inch sewer main is located within Cullens Road at the south property line of the Cherry Meadows subdivision. The applicant must extend the sewer main to the south and connect it to an existing sewer main located at the north property corner of the Prairie Winds subdivision. The applicant will also pay City connection charges and satisfy its obligation under the Killion Road North Sewer Local Improvement District. The plat makes appropriate provision for sanitary waste. 12. The applicant will construct sidewalks on one side of the internal plat road as well as along the west side of Cullens Road. The City will require streetlighting to provide safety to pedestrians, vehicles, and homeowners at the time of civil plan review. The plat 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 -5-presently proposes a stormwater treatment system consisting of a biofiltration swale, individual drywells, and an on-site retention basin. Construction of the storm drainage facilities to City standards will ensure that the plat makes appropriate provision for drainage ways. 14. The plat landscaping must satisfy the requirements of Chapter 17.80 YMC which requires a Type II landscape buffer around all property lines with the exception of Cullens Road. Chapter 17.80 requires a Type III landscape buffer along Cullens Road as well as along the new internal plat roads. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the request for preliminary plat approval satisfies all bulk regulations of the R6 zone classification. 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, 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 for a single family residential subdivision and therefore should be approved subject to the following conditions: 1. The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. 2. Each dwelling within the subdivision shall connect to the City S.T.E.P. sewer system. The existing sewer main located on Cullens Road at the south property line of Cherry Meadows subdivision will need to be extended to the south and connected to an existing 4” sewer main located at the north property corner of Prairie Winds subdivision. The connection fee and inspection fee will be established at the time of building permit issuance 3. Each dwelling unit with the subdivision shall connect to the City water system. The existing water main located on Cullens Road at the south property line of Cherry Meadows subdivision will need to be extended to the south and connected to an existing 10” water main located at the north property corner of Prairie Winds subdivision. The water main shall be 10” in size and provide internal service to lots and hydrants. 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 -6-246-290-490 WAC. 4. The developer shall provide and record a “protective well covenant” meeting the standards of the Thurston County Health Department restricting any contaminate sources within the 100-foot well radius of the well located on the property to the east of this site. Tract B will be held for future residential development upon abandonment of the well head protection covenant. 5. 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. A TFC of $757.50 per dwelling unit is due and payable at time of building permit issuance. Credit should be given for the dwelling units to be removed. 6. Frontage improvements are required on the west half of Cullens Road, and shall be improved to city standards for a Neighborhood Collector Street. Applicant must ensure that the travel lane on the opposite side (east) of the Cullens Road will be at least 12 feet in width as part of the frontage improvement requirements. Internal streets will be constructed to Local Access Residential standards per the development guidelines. 7. Pursuant to the requirements of Chapter 15.40 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 15.40.020(B)(6) YMC. The impact fee for 2006 is $0.216 per square foot of new development, and is payable at building permit issuance (fee subject to change). 8. Olympic Region Clean Air Authority (ORCAA) approval is required for demolition of the existing mobile home. 9. The proponent shall provide at least 5% of total acreage as qualified open space 10. 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 (BMP’s) are required during construction. A 10-foot setback 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 -7-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. 11. Street lighting is required. The Applicant shall contact City of Yelm and Intolight to provide a lighting design plan for review and approval. 12. Prior to the approval of civil engineering plans, the applicant will provide the Community Development Department an addressing map for approval. 13. Prior to the submission of final plat application, a subdivision name must be reserved with the Thurston County Auditor’s Office. 14. 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 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 Cullens Road. Irrigation plans shall include a separate water meter and approved backflow prevention devices. 15. The developer shall mitigate tree loss at a minimum of 1-1 for trees that cannot be preserved. Tree loss shall be mitigated by planting a mix of evergreen and deciduous trees along the East property line and on the South property line of Tract B. Trees to remain must be protected during construction pursuant to Chapter 14.16 YMC 16. 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. 17. 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. 18. 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 fire hydrants required and installed as part of development. The applicant shall coordinate with the Yelm Public Works Department to -8-purchase required hydrant locks. DECISION: The request for approval of the Cullens Road preliminary plat is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 21st day of December, 2006. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 21st day of December, 2006, to the following: APPLICANT: Jerry Honeysett Honeysett Development 42106 236th Avenue SE Enumclaw, WA 98022 AGENT: Skillings Connelly, Inc. 5016 Lacey Blvd. SE Lacey, WA 98503 OTHERS: Don Findlay P.O. Box 310 Gig Harbor, WA 98335 G.L. Honeysett P.O. Box 2045 Auburn, WA 98071-2045 David Demko 17225 119th Avenue Yelm, WA 98597 City of Yelm Tami Merriman 105 Yelm Avenue West -9-P.O. Box 479 Yelm, Washington 98597 -10-CASE NO.: SUB-05-0684-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 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 action as he deems proper. The hearing examiner may request further information which -11-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.