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07-0400 HE Decision 081208 OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: SUB-07-0400-YL HIDDEN PARK SUBDIVISION APPLICANT: Landshapes Northwest Inc. 1151 East 112th Street Tacoma, WA 98445 SUMMARY OF REQUEST: The applicant requests approval to allow subdivision of approximately 4.89 acres into 19 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 August 5, 2008, 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 NISHA BOX appeared, presented the Planning and Community Development Staff Report, and testified that the project meets the required six dwelling unit per acre density. The project is consistent and compatible with surrounding land uses and the City provided proper notice. The environmental official issued an MDNS and received no appeals. The open space tract is located at the southeast corner of the site along with the storm drainage tract and will be improved with an active park area. The applicant must perform frontage improvements along Crystal Springs Road although the project borders the road for only 40 feet. The applicant will connect an internal plat road to Woodland Court in the adjacent subdivision. The applicant will install a six foot high, solid board fence along all property lines with the exception of the south as a fence already exists. JOHN LUBBESMEYER, applicant, appeared and referred to the fact that the project had no opposition and that it is straight forward. He then clarified the fire flow impact fee as $.32 per square foot of the house. He ascertained that the City contemplates no additional fees such as latecomer fees or LIDs. His tenant told him that someone came onto the site and researched it for pocket gophers, but found no mounds. 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, viewed the property, heard testimony, and taken this matter under advisement. 2. The City of Yelm SEPA Responsible Official issued Mitigated Determination of Nonsignificance based on WAC 197-11-158 on May 30, 2008. No appeals were filed. 3. Proper notice was provided pursuant to the Yelm Muncipal Code. 4. The applicant has a possessory ownership interest in a generally rectangular, 4.89 acre parcel of property located between Crystal Springs Road and Roten Road, north of SR-510 within the City of Yelm. The applicant requests preliminary plat approval to allow subdivision of the site into 19 single family residential lots, a storm drainage tract, and an open space/park tract. 5. The preliminary plat map shows access provided from Crystal Springs Road via a 40 foot wide, public road extending east 373 feet to the west property line of the developable portion of the plat. The road extends along the south property line of five lots of a subdivision separating the site from Crystal Springs Road. The road then turns north to a “T” intersection where the eastern arm terminates in a cul-de-sac, but the western arm connects to a cul-de-sac in the adjoining subdivision. Such creates a looped road configuration for both subdivisions and improves emergency vehicle access. 6. The plat proposes a minimum lot size of 5,381 square feet, an average lot size of 6,792 square feet, and a gross density of 3.89 dwelling units per acre. A storm drainage tract located near the southeast corner contains 25,326 square feet. An active open space area located to the south of the storm drainage tract contains 11,569 square feet. Improvements within the open space area include a barbecue, bench, and half basketball court. A sidewalk extends along the internal plat road from Crystal Springs Road to the cul-de-sac in the subdivision to the west. All lots access onto the internal plat road. The existing house on the site will remain on proposed lot 19. The rectangular shaped lots provide an adequate building footprint which can meet all required setbacks of 15 foot front, six foot side, and 25 foot rear. 7. Abutting uses include single family residential homes to the west and northwest and vacant Industrial zoned properties to the northeast. The abutting parcel to the east is also located within the Industrial zone and supports the City of Yelm’s Public Works facility. The Yelm Community Services facility abuts the south property line and is located in the Institutional District zone classification. 8. The parcel is located within the Moderate Density Residential (R6) zone classification of the Yelm Municipal Code (YMC). Section 17.15.020 YMC authorizes single family dwellings on individual lots with a density of not less than three dwelling units per gross acre nor more than six dwelling units per acre. The proposed density of 3.89 dwelling units per acre is within said density range. The R6 classification has no maximum or minimum lot size requirements. 9. Chapter 14.12 YMC requires that a minimum of 5% of the gross area of a subdivision be dedicated as usable open space. In the present case 5% of the plat area calculates to .25 acres and the open space tract calculates to .27 acres which satisfies said criteria. The applicant proposes outdoor recreational equipment as set forth above. 10. A mitigating measure in the MDNS requires the applicant to enter a mitigation agreement with the Yelm School District to address all impacts on the district of school aged children residing in the plat. Entry of said agreement will ensure that the plat makes appropriate provision for schools and school grounds. 11. The plat makes appropriate provision for fire protection by satisfying the City Fire Protection Impact Fee of $.32 per square foot of new development as set forth in Condition No. 9. New development means the square footage of the houses. 12. The applicant will improve Crystal Springs Road across the plat frontage which measures approximately 40 linear feet. Improvements will include a 16 foot travel lane, vertical curb, seven foot planter strip, “No Parking” signs, a five foot wide sidewalk and streetlighting where appropriate. The applicant will construct the internal subdivision road to local access residential standards and dedicate the road to the City upon final subdivision approval. The road will consist of two, 11 foot wide, travel lanes; two seven foot wide, parking lanes; a concrete, rolled edge, curb and gutter; a six foot wide, planter strip with trees 35 feet on center; a five foot wide sidewalk on one side of the street and streetlighting. The applicant will also pay a Transportation Facility Charge (TFC) at the time of building permit issuance. 13. Residents raised concerns regarding the connection of the internal plat road to the cul-de-sac of Woodland Court SE in the adjoining plat to the west. However, YMC 16.16.090 provides as follows: The layout of streets shall provide for a continuation of streets existing in adjoining subdivisions. When adjoining property is not subdivided, streets in the proposed plat shall provide access to such unplatted property in accordance with the Yelm Transportation Plan. The plat to the west complied with said section by providing access to the present plat. This applicant must now connect to said access and provide a looped road system for each subdivision. Such provides better emergency vehicle access for both subdivisions. The plat makes appropriate provision for streets, roads, alleys, and other public ways. 14. The City of Yelm will provide both potable water and fire flow to the site as well as sanitary sewer service to each lot. The applicant must connect to the City’s water and sewer system. The new internal water main and sewer main will connect to mains presently in Woodland Court and Crystal Springs Road and will provide a loop system for both subdivisions. Such will ensure adequate water pressure for lots in both subdivisions. The existing on-site sewage disposal system serving the existing home will be abandoned. 15. The applicant must design the stormwater drainage system to meet City of Yelm standards which include the 1992 Department of Ecology Stormwater Manual. Compliance with said ordinance will ensure that the plat makes appropriate provision for drainage ways. 16. Landscaping and screening must meet the requirements of Chapter 17.80 YMC to include Type 5 landscaping within the area of the underground stormwater system. The applicant will install Type 3 landscaping along Crystal Spring Road and the internal plat roads, except along the north side of the internal road until it reaches the developable portion of the plat. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the request for preliminary plat approval is consistent with the R6 zone classification of the YMC and complies with all applicable YMC standards. 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, fire protection, parks and recreation, schools and school grounds, and sidewalks. 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: The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. The applicant shall mitigate transportation impacts based on the new P.M. peak hour trips generated by the project. The Transportation Facility Charge (TFC) is $1,276 per new pm peak trip, generated by the project. Actual costs shall be determined at building permit issuance. Street frontage improvements are required on Crystal Springs Road NW and shall be consistent with the City of Yelm standards for a Neighborhood Collector. All internal plat roads shall be constructed to meet City of Yelm Standards for local access residential. 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. The applicant shall be responsible for the payment of hydrant locks on all fire hydrants required and the locks shall be installed by the Public Works department before project completion. These fees shall be collected by the Community Development Department prior to final plat recording. 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. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. The applicant shall be responsible for the fee for hydrant locks on all fire hydrants required and installed as part of development. 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. Any existing wells and on-site sewage disposal systems shall be abandoned pursuant to applicable Washington State and Thurston County health regulations. Evidence that all wells and sewage disposal systems have been abandoned in an approved manner is required prior to approval of civil engineering plans. The applicant shall pay a fire protection impact fee pursuant to Section 15.40.020(B)(6) YMC. The impact fee for 2008 is $0.32 per square foot of new development, and is payable at building permit issuance. (fee subject to change) The applicant shall design and construct all stormwater facilities in accordance with the 1992 DOE Stormwater Manual, as adopted by the City of Yelm. A 10-foot setback from all property lines and easements are required for stormwater facilities. If the proposal does not include an Underground Injection Control (UIC) stormwater well, the applicant shall design and construct all stormwater facilities in accordance with the 1992 Department of Ecology Manual, as adopted by the City of Yelm. The treatment element shall be consistent with the 1992 Manual or be a local approved technology, currently limited to an Aquaswirl by Aquashield, Inc. If the proposal includes an UIC stormwater well, the applicant shall design and construct all stormwater facilities in accordance with the 2005 Manual and the treatment element shall be consistent with the 2005 Manual or an approved emerging technology with a general use level designation from the Washington Department of Ecology. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 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. Best Management Practices are required during construction. Storm water facilities shall be approved by the City of Yelm and must be treated and disposed of on-site and be located outside of the City right-of-way. A final stormwater plan which includes an operation and maintenance plan is required as part of civil plan application submission. Street lighting is required. The Applicant shall contact Intolight and provide a lighting design plan for review and approval. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing map for approval. Prior to the submission of final plat application, a subdivision name must be reserved with the Thurston County Auditor’s Office. The applicant shall provide a minimum of five (5) percent of the gross land area as qualified open space. The civil engineering plans shall include final landscaping and irrigation plans which are consistent with the preliminary plans and include the following required landscaping: a. Type II landscaping is required around the perimeter of the site in the form of a six foot wood fence with the exception of the south property line which already has an existing fence. b. Type III landscaping is required along the frontage of Crystal Springs Road and along the internal plat roads with the exception of the north property line of the access road into the site up to the point where lot one begins. Type III landscaping shall consist of drought tolerant shrubs and bark instead of grass along with approved street trees. c. A final detailed landscape plan is required as part of civil plan review and approval. 16. To promote water conservation, any irrigation shall be in the form of a Drip System. 17. 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. DECISION: The request for preliminary plat approval for Hidden Park Subdivision is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 12th day of August, 2008. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 12th day of August, 2008, to the following: APPLICANT: Landshapes Northwest Inc. 1151 East 112th Street Tacoma, WA 98445 AGENT: Chris Merritt, Olympic Engineering 300 Dechutes Way SW, Suite 315 Tumwater, WA 98501 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 City of Yelm Nisha Box 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO.: SUB-07-0400-YL HIDDEN PARK SUBDIVISION 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 August 22, 2008 (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.