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Hearing Examiner Decision (2) OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: AUTUMN HILL PHASE II SUBDIVISION, SUB-04-0036-YL APPLICANT: Landshapes Northwest, Inc. John Lubbesmeyer 1151 E. 112th Street Tacoma, WA 98445 AGENT: 2M Enterprises, LLC 15345 Sunwood Blvd. #302 Tukwila, WA 98188 SUMMARY OF REQUEST: The applicant is requesting preliminary plat approval to subdivide approximately 5.94 acres into 23 single family residential lots. The property is zoned R-4 Low Density Residential, which allows up to 4 dwelling units per acre. The site currently has an existing home that will be situated on one of the new 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 June 7, 2004 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 TAMI MERRIMAN appeared, presented the Planning and Community Development Department Staff Report, and testified that proper notice was given and that the environmental official issued an MDNS on April 23, 2004. Improvements on the site include a house and accessory buildings, and the house will remain as part of the subdivision, but the accessory uses will be removed. To ensure proper sight distance several lots must access onto specific streets. The applicant will construct a basketball court or other recreational facility in the Tract C open space, and the MDNS requires school mitigation. The applicant will extend a plat road south to the recently completed subdivision of Autumn Hill. The applicant must pay water and sewer latecomer’s agreements and abandon the on-site well and septic system. The code requires perimeter landscaping and the site plan shows a six foot high fence and plantings. JOHN LUBBESMEYER, applicant, appeared and testified that his company constructed the subdivision to the south and terminated the road at the north property line with a temporary cul-de-sac as they knew this property would develop. This plat will represent an extension of the plat to the south. They will infiltrate stormwater into the ground. MS. MERRIMAN referred to fencing on corner lots and noted a requirement that the CCRs provide for sight distance at intersections. 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. The City has performed an environmental review and issued a Mitigated Determination of Nonsignificance on April 23, 2004, with a comment deadline of May 7, 2004, and an appeal deadline of May 14, 2004. Notice of the date and time of hearing was posted on the project site, mailed to property owners within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on May 21, 2004, and advertised in the local newspaper on May 28, 2004. The applicant has a possessory ownership interest in a triangular shaped parcel of property abutting the west side of Vancil Road SE 5.94 acre, at its intersection with Birkland Street SE, south of Yelm Avenue within the City of Yelm. The applicant requests preliminary plat approval to allow subdivision of the site into 23 single family residential lots, a storm tract, and an open space tract. Improvements on the site include a single family residential dwelling, outbuildings, drinking water well, well house, and on-site septic disposal system. The applicant will retain the existing house on proposed lot 20, but will remove all accessory structures and abandon the well and septic system. The preliminary plat map shows Birkland Street extending into the plat from Vancil Road SE and aligned with Birkland Street to the east of Vancil Road. The new internal road extends west to Umtanum Street which will extend north from the plat of Autumn Hill to the south and terminate in a cul-de-sac to the north of the new Birkland Street. Thus, the plat will have direct access onto Vancil Road and to the Autumn Hill street system which also provides access to Vancil Road. Open space Tract C, a 13,475 square foot triangular parcel, is located at the northwest corner of Vancil Road and the future Birkland Street SE. The applicant will improve said open space area with a basketball court or other appropriate outdoor recreational equipment. Storm Tract B, located northwest of Tract C, abuts the north property line of the plat. Surrounding uses include the Autumn Hill subdivision to the south, single family residential lots to the west, the subdivision of Prairie Heights Division II to the north, and the subdivision of Prairie Heights Division I to the east across Vancil Road SE. The preliminary plat will fit well with the surrounding area and will represent an extension of the Autumn Hill plat to the north. The site is located within the Low Density Residential (R4) zone classification of the Yelm Municipal Code (YMC). Section 17.12.020(A) YMC authorizes single family residential dwellings as outright permitted uses at a density of not more than four dwelling units per gross acre in the R4 classification. The applicant proposes 23 lots on 5.94 acres which calculates to 3.83 dwelling units per acre, and the plat therefore satisfies the R4 density requirements. Section 17.12.050 YMC sets forth lot area requirements for the R4 zone, but has no minimum lot size requirement. Setbacks include 25 feet from collectors, 15 feet from local streets with a 20 foot minimum driveway approach, 25 foot rear yard, five foot side yard, and a total of both side yards of 12 feet. The lot sizes and configurations will allow construction of a reasonably sized, single family dwelling within the required setbacks. To ensure traffic safety and sight distance, the City will require specific locations for driveways on corner lots. Chapter 14.12 YMC requires that a minimum of 5% of the gross plat area remain in open space. Such requires the plat to provide 13,072 square feet of open space, and Tract C will provide 13,475 square feet of outdoor recreational opportunities. The MDNS requires that the applicant enter into an agreement with the Yelm School District to offset the impacts on the district of school aged children residing in the plat. The City of Yelm Development Guidelines requires all new developments including subdivisions to improve street frontages to current City standards. Vancil Road, a neighborhood collector, requires a 16 foot wide, drive lane; vertical curbs, seven foot wide, planter strip; street trees; and a sidewalk. Chapter 16.16.090 YMC requires the applicant to provide for street continuation to adjoining subdivisions. The applicant will comply with transportation requirements by constructing Vancil Road across the plat frontage to City standards and by connecting the internal plat road to the Autumn Hill subdivision to the south. The applicant will also satisfy the City’s Transportation Facility Charge by making a $750.50 payment per lot at the time of building permit issuance. Adequate entering and stopping sight distance is available at the intersection of the internal plat road and Vancil Road, and all lots will access onto the internal plat roads. Conditions of approval require the covenants, conditions, and restrictions (CCRs) for the subdivision to regulate fencing on corner lots to ensure proper sight distance. The lots will have sufficient area for two off street parking spaces and still not exceed the maximum lot coverage of limitation 75%. The City will provide both potable water and fire flow to the site, and the applicant must satisfy its obligations under a latecomer’s agreement. Construction of the plat will require the extension of a water main throughout the development to serve all dwellings. The applicant will also connect the water system to the water main serving Autumn Hill presently ending at the south property line. The City will also provide sanitary sewer service to the site and the applicant must satisfy its obligations under a latecomer’s agreement. The applicant will extend a sewer line throughout the plat to serve all lots and will abandon the existing on-site septic system. The storm drainage system must comply with the City stormwater manual for both water quality and quantity controls. The preliminary storm water report shows that the applicant can meet such standards. Chapter 17.80 YMC sets forth the requirements for landscaping, and to comply therewith, the applicant must install a Type 2 landscaping screen around the perimeter of the site. However, City standards also authorize fencing in residential subdivisions to meet the requirements for screening along the perimeter. Landscaping is also required in open space areas and above ground stormwater facilities. The landscape proposed satisfies the City’s requirements. CONCLUSIONS: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 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. The proposed preliminary plat meets all bulk requirements of the R4 zone classification, and compliance with conditions of approval will assure that the project will meet all other City development regulations. All public facilities are available to serve the site and meet the City requirements for adequacy. The project is within an approved sewer service area which has capacity to serve all lots within the subdivision. 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. Corner lots shall place driveways, and direct house fronts as follows: Lot # 1 – Driveway faces north Lot # 8 – Driveway faces west, house fronts north Lot #20 – Driveway faces south Frontage improvements to Vancil Road shall be constructed per Yelm Development Guidelines “Neighborhood Collector”. Internal streets within the subdivision will be constructed per Yelm Development Guidelines for “Local Access Residential”. The applicant shall provide verbage on the face of the plat, and in the Covenants and Restrictions for the subdivision, fencing regulations to achieve sight distance on corner lots. 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. Credit for the existing dwelling shall be given. The applicant will be responsible for a TFC of $757.50 per unit which is payable at time of building permit issuance. The applicant shall connect to the City’s water system. The water main located on Vancil Road is subject to a latecomers agreement. The latecomer fee in the amount of $1,754.98 shall be paid prior to final plat submission. Water connection fees are charged at the current rate of $1,500 per connection, (fee subject to change) payable at building permit issuance. The applicant shall meet all conditions for cross connection control as required in section 246-290-490 WAC. All planting strips and required landscaping not located within 75’ of a hose spigot shall have an irrigation system with a separate water meter(s). The applicant shall submit a final landscape and irrigation plan with civil plan submission. The applicant shall connect to the City’s S.T.E.P. System. The sewer line located on Vancil Road is subject to a latecomers agreement. The latecomer fee in the amount of $496.16 shall be paid prior to final plat submission. Sewer connection fees are charged at the current rate of $5,269.00 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. The applicant shall design and construct all stormwater facilities in accordance with the DOE Stormwater Manual, as adopted by the City of Yelm. Best Management Practices (BMP’s) are required during construction. The applicant shall compile a final stormwater 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 stormwater 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 Association. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. 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. 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. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing plat map for approval. The applicant shall comply with the mitigation requirements of the MDNS issued on April 23, 2004. Mitigation includes: Transportation Facility Charge (TFC) based on 1.01 p.m. peak hour trips per residential unit, payable at time of building permit issuance. Frontage improvements on Vancil Road, and internal street shall connect to Umtanum Street to the south. Open space shall be improved as required in Chapter 14.12 YMC. School District Mitigation Agreement. 21. The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, and stormwater facilities. 22. The applicant shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the tenant or 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 23. The decision set forth herein is based upon representations made and exhibits, including plans and proposals submitted at the hearing conducted by the hearing examiner. Any substantial change(s) or deviation(s) in such plans, proposals, or conditions of approval imposed shall be subject to the approval of the hearing examiner and may require further and additional hearings. 24. The authorization granted herein is subject to all applicable federal, state, and local laws, regulations, and ordinances. Compliance with such laws, regulations, and ordinances is a condition precedent to the approvals granted and is a continuing requirement of such approvals. By accepting this/these approvals, the applicant represents that the development and activities allowed will comply with such laws, regulations, and ordinances. If, during the term of the approval granted, the development and activities permitted do not comply with such laws, regulations, or ordinances, the applicant agrees to promptly bring such development or activities into compliance. DECISION: The request for preliminary plat approval of Autumn Hill Phase II is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 14th day of June, 2004. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 14th day of June, 2004, to the following: APPLICANT: Landshapes Northwest, Inc. John Lubbesmeyer 1151 E. 112th Street Tacoma, WA 98445 AGENT: 2M Enterprises, LLC 15345 Sunwood Blvd. #302 Tukwila, WA 98188 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO.: AUTUMN HILL PHASE II SUBDIVISION, SUB-04-0036-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 June 24, 2004 (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.