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Hearing Examiner Decision (2) October 14, 2003 Project Fore, Dan Kinsman P.O. Box 15113 Olympia, WA 98511-5113 RE: BUCKHORN ESTATES PRELIMINARY PLAT, SUB-03-8346-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.: BUCKHORN ESTATES PRELIMINARY PLAT SUB-03-8346-YL APPLICANT: Project Fore, Dan Kinsman P.O. Box 15113 Olympia, WA 98511-5113 SUMMARY OF REQUEST: The applicant proposes to subdivide 4.81 acres into 21 single family residential lots. The proposed plat includes stormwater facilities, open space, and new streets. 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 September 29, 2003. 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 Department Staff Report, and testified that the site is located within the RS Moderate Density zone classification which authorizes between three and six dwelling units per acre. The future SR-510/507 bypass impacts a portion of the property and also affects requirements regarding water, sewer, and road improvements. An existing single family dwelling located on the site does not meet the required setbacks, but the City can issue an administrative variance. The amount of open space exceeds City standards and the applicant will construct no homes in the open space. Mt. View Road will dead-end at the corridor. The SEPA official issued an MDNS on August 13, 2003, and imposed mitigating measures addressing schools and traffic. The City will defer improvement of Mt. View to the north of the plat entrance to such time as the bypass is finalized. The applicant will landscape or fence the perimeter and will install sidewalks, planter strips, and trees on the roads. Appearing was DAN KINSMAN, applicant, who thanked the City for its cooperation and the staff report. He understands all conditions of approval and will comply therewith. 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. A Mitigated Determination of Nonsignificance was issued for this proposal. Notice of the public hearing was published in the Nisqually Valley News on Friday, September 19, 2003. The notice was mailed to adjacent property owners, and the applicant, on September 17, 2003. The applicant has a possessory ownership interest in a rectangular, 4.81 acre parcel of property abutting the west side of Mt. View Road between SR-510 and 88th. Improvements on the site include a single family residential home located near the southeast corner of the parcel with access onto Mt. View Road. The applicant requests preliminary plat approval to allow subdivision of site into 21 single family residential lots, including the existing house which will remain on lot one; a .31 acre storm drainage tract; and a .32 acre, triangular, open space area located in the northeast corner of the parcel adjacent to Mt. View Road. The parcel abuts Mt. View Road for 329 feet and measures 665 feet in depth. The preliminary plat map shows access to all lots except for the existing house provided by a single plat road extending west from Mt. View Road to the west property line. Two cul-de-sac roads extend north therefrom. The storm drainage and open space tracts abut one another in the northeast corner of the site. The density calculates to 4.81 dwelling units per acre. The existing house does not meet the required setbacks from the internal plat road, but the City will consider an administrative variance. The City and the applicant have agreed to defer Yelm Municipal Code (YMC) requirements that the applicant improve Mt. View Road to City standards between the plat entrance and the north property line. The applicant will also defer installation of sewer and water lines in said area. The applicant will improve Mt. View Road and install said utility lines from the south to the internal plat road. The proposed SR-510/507 bypass transportation improvement will encompass the Tract B open space area, and if constructed, will cause Mt. View Road to dead-end at the plat access road. Should the State and City not construct said bypass, the applicant will continue said improvements to the north property line by means of a local improvement district or other funding vehicle. As previously found, the site is located within the Moderate Density Residential zoning district (R-6) of the YMC. Section 17.15.020 YMC authorizes single family residential dwellings, duplexes, and multi-family dwellings in said classification so long as the density does not exceed six dwelling units per gross acre and does not fall below three dwelling units per gross acre. Section 17.15.050 YMC sets forth the bulk regulations of the R-6 classification and requires no minimum lot area and no minimum lot width. However, setbacks must measure 25 feet from collector streets, five feet on one side with a minimum total of 12 feet on both sides, a minimum rear yard setback of 25 feet, maximum building area coverage of 50%, and maximum development coverage of 75%. Said section restricts the height of principal structures to 35 feet. The applicant has shown on the preliminary plat map that all lots will have a reasonably sized building envelope, and that most lots measure 60 to 63 feet in width. Lot 15 and 16, corner lots located between the two cul-de-sac roads, must access onto the cul-de-sacs due to limited sight distance on the main plat road. Parcels abutting the south and west property lines are also located in the R-6 district and improved with residential uses. Parcels to the north and east are located in unincorporated Thurston County and either improved with residential uses or vacant. Chapter 16.14 YMC requires a minimum of 5% of the gross land area of the plat parcel to be dedicated as open space. To comply, the applicant must dedicate a minimum of 10,498 square feet of the parcel as open space. The proposed open space in the northeast corner which will accommodate the bypass measures 13,924 square feet, and the applicant will dedicate said parcel to the City. A mitigating measure in the MDNS requires the applicant to enter a school mitigation agreement with the Yelm School District to offset the impacts on the district of school aged children residing in the plat. As previously found, the parcel will receive access from Mt. View Road, and the applicant will improve said road south of the main plat road with sidewalks, planter strips, and street trees. The applicant must also construct the internal plat roads to City standards. Traffic generated by the subdivision will impact the City’s transportation system, and Chapter 15.40 YMC requires all development to mitigate said impacts. The transportation facility charge for single family residential dwellings equals $757.50 per p.m. peak hour trip, and is payable at the time of building permit. The existing single family dwelling will not pay such facility charge. Chapter 17.72 YMC requires a minimum parking ratio of two spaces per unit and the applicant will provide at least said minimum. The project is located within the City’s sewer service area, but is currently not connected to the City’s STEP sewer system. The applicant will extend an existing collection line located in Mt. View Road south of the site to provide sewer service. As previously found, the City will defer extension of the sewer line to the north property line. The site is located in the City’s water service area, but is not connected thereto. The applicant will extend an existing water main located in Mt. View Road to the south of the site to the preliminary plat. Again, the applicant will defer extension of the water line to the north property line. The applicant will abandon the on-site well serving the existing single family dwelling and will deed any water rights to the City. The applicant has prepared a preliminary storm water report that estimates the area of impervious surface, infiltration rates of the runoff, and a conceptual design for treatment and storage of storm water. The final storm water system must satisfy all YMC requirements. The preliminary plat shows the storm water system located in a .31 triangular parcel adjacent to the future bypass parcel. The site is located within the boundaries of Thurston County Fire Protection District No. 2 which has a fire station within a reasonable response time. The applicant will install streetlighting in accordance with the City’s development guidelines, and landscaping in accordance with Chapter 17.80 YMC which includes Type 2 perimeter landscaping which could be fencing. Road frontage improvements require street trees and grass in planter strips, and landscaping in open space areas as well as around above-ground storm water facilities. The applicant has submitted a conceptual landscaping plan addressing said requirements. Section 16.12.170 YMC sets forth the findings the Examiner must make prior to approving a preliminary plat. Findings on each criteria are hereby made as follows: The proposed subdivision makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, potable water supplies, sanitary waste, parks and recreation, schools and sidewalks. The subdivision conforms with the Yelm-Thurston County Joint Comprehensive Plan, the City zoning ordinance, the City subdivision ordinance, and the City’s development guidelines. The public use and interest will be served by the platting of the subdivision and dedications. The City public facilities are adequate and available to serve the subdivision concurrent with development subject to the applicant constructing the sewer and water line to the plat. As previously found, the project is within the City’s sewer service area which has the capacity to serve all lots. The preliminary plat satisfies all requirements of Section 16.12.170 YMC. CONCLUSIONS: 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, sidewalks, and other features assuring safe walking conditions. 3. The proposed preliminary plat should be approved subject to the following conditions: Lot Size and Setback Driveway entrance and residential garages for Lots 15 & 16 shall be located on the cul-de-sac, north of the house constructed on these lots. The houses on these lots shall be oriented towards “Road A”. Open Space The applicant shall provide for at least 10,498 square feet of open space, with vehicular access provided for maintenance purposes. The open space shall be located at the northeast corner of the property, as proposed. 3. The applicant shall submit a final improvement plan for the open space. The open space improvement(s) shall demonstrate compliance with Chapter 16.14.050. 4. The applicant shall dedicate the open space to the City of Yelm. Schools 5. The applicant shall enter into an agreement with Yelm Community School district, as required in the MDNS. Transportation Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm’s Development Guidelines. Frontage improvements for Mountain View Road shall be consistent with the section “Neighborhood Collector”. Interior street improvements shall be consistent with the section “local access residential”. The applicant shall sign a Waiver or Protest to defer the extension of the frontage improvements for Mountain View Road from the northern entrance of the subdivision to the northern property line. Notice of this deferral shall be on the face of the plat map, and in the Covenants of the plat. The applicant shall provide for continuation of streets as per YMC Chapter 16.16.060, 16.16.090, and 16.16.110, and shall be required to sign the street “Future Road Connection”. The applicant 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 applicant will be responsible for a TFC of $757.50 per unit which is payable at time of building permit. Sewer The proponent shall connect to the City’s S.T.E.P System. There is an existing line in Mountain View Road, south of the site. A connecting line shall be extended to the entrance into the proposed development. 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. The applicant shall sign a Waiver of Protest to defer the extension of the sewer line from the entrance to the northern property line. Notice of this deferral shall be on the face of the plat map, and in the Covenants of the plat. Sewer connection fees are charged at the current rate of $5,125 per connection, (fee subject to change) payable at building permit issuance, with the exception of the four LID assessments, which will be charged at the rate of $2,620 (fee subject to change). All connections require an inspection, with a fee of $145.00 per connection, also payable at building permit issuance. Existing sewage system located on-site shall be abandoned per Article IV Rules & Regulations of the Thurston County Board of Health Governing Disposal of sewage, and the existing home connected to City sewer prior to final plat application. Water The Applicant shall connect to the City’s water system. There is an existing watermain located in Mountain View Road, south of the site. The line shall be extended to the entrance into the proposed development. The on-site water system shall be designed to City standards. The applicant shall submit final civil plans to the Community Development Department for review and approval. The applicant shall sign a Waiver of Protest to defer the extension of the water line from the entrance to the proposed plat, to the northern property line. Notice of this deferral shall be on the face of the plat map, and in the Covenants of the plat. Water connections are based on a consumption rate of 240 gallons per day and are charged a current rate of $1,500 per connection (fee subject to change) inside city limits. One connection would be charged to each residential building lot, and the existing residence. These fees are payable at building permit issuance. Existing wells on-site shall be abandoned per Department of Ecology standards and documentation submitted to the Thurston County Health Department for review, and the existing home connected to City water prior to final plat application. Water rights for the abandoned well, if any, shall be dedicated to the City of Yelm. All open space areas and planting strips not located within 75’ of a hose spigot, shall have an irrigation system with a separate water meter(s). The applicant shall submit final civil plans to the Community Development Department for review and approval. Stormwater 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. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. 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. Fire The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. Street Lighting 26. 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. Landscaping 27. 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. Environmental 28. The applicant shall comply with the mitigation conditions of the MDNS issued on August 13, 2003. Subdivision Name and Property Addresses 29. The applicant has reserved the subdivision name of Buckhorn Estates with Thurston County Records Department. Prior to the submission of the final subdivision application, the applicant will provide the Building Department with a plat map for addressing. General Public Works 30. The applicant shall submit a grading plan for review and approval prior to any on-site grading. DECISION: The request for preliminary plat approval for Buckhorn Estates is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 14th day of October, 2003. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 14th day of October, 2003, to the following: APPLICANT: Project Fore, Dan Kinsman P.O. Box 15113 Olympia, WA 98511-5113 OTHERS: Barry Howard 945 113th Avenue SE Olympia, WA 98501 Dan Kinsman 240 Beck Road Olympia, WA 98570 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO.: BUCKHORN ESTATES PRELIMINARY PLAT, SUB-03-8346-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 October 24, 2003 (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.