Before the Hearing Examiner

Before the Hearing Examiner

BEFORE THE HEARING EXAMINER

FOR THURSTON COUNTY

In the Matter of the Application of )Project No. 2004106061

)Sequence No. 04-119831 ZJ

)

Carl D. Teitge Investments, Inc.)Prairie Meadows Plat

)

For Approval of a Preliminary Plat)FINDINGS, CONCLUSIONS,

) AND DECISION

______)

SUMMARY OF DECISION

Approval of a Preliminary Plat to subdivide 4.89 acres of land into 24 clustered single-family residential lots, a stormwater tract, and an open space tract located at 6435 – 201st Avenue SE in Rochester, Washington is GRANTED, with conditions.

SUMMARY OF RECORD

Request

Chris Merritt, on behalf of Carl D. Teitge Investments, Inc. (Applicant), requested approval of a Preliminary Plat to subdivide 4.89 acres of land into 24 clustered single-family residential lots, with a stormwater tract and an open space tract. The subject property is at 6435 – 201st Avenue SE in Rochester, Washington.

Hearing Date

An open record hearing on the request was held before the Hearing Examiner for Thurston County on May 16, 2005.

Testimony

At the hearing, the following individuals presented testimony under oath:

Kim Pawlawski, Associate Planner, Thurston County Development Services

Arthur Saint, Thurston County Roads and Transportation Services

Gary Duvall, Thurston County Environmental Health Division

Carl Teitge, Applicant

Chris Merritt, PE, Applicant Representative

Exhibits

At the hearing, the following exhibits were admitted as part of the official record:

EXHIBIT 1Development Services Planning & Environmental Section Report including the following attachments:

Attachment aNotice of Public Hearing

Attachment bZoning Map

Attachment cPreliminary Plat Application, dated December 22, 2004

Attachment dNarrative Summary from Carl D. Teitge, dated May 4, 2005

Attachment ePreliminary Plat Map, dated January 2005

Attachment fMitigated Determination of Non-Significance, issued March 15, 2005

Attachment gComment Memorandum from Arthur Saint, Roads & Transportation Services Department, dated March 9, 2005

Attachment hComment Memorandum from Steve Jett, Roads & Transportation Services Department, dated January 19, 2005

Attachment iComment Letter from John Ward, Environmental Health Department, dated February 23, 2005

Attachment jComment Letter from the Rochester School District, dated December 13, 2004

Attachment kMitigation Agreement with the Rochester School District, dated March 1, 2005

Attachment lGrand Mound Utilities Service Letter, dated December 21, 2004

Attachment mWetland and Drainage Corridor Evaluation and Delineation Report, dated December 1, 2004

Attachment nCritical Area and Buffer Notice

EXHIBIT 2Enlarged Site Plan

EXHIBIT 3Letter Concerning Location of Bus Stops From James D. Anderson, Rochester School District, dated May 16, 2005

Upon consideration of the testimony and exhibits submitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions:

FINDINGS OF FACT

1. The Applicant requested approval of a Preliminary Plat to subdivide 4.89 acres of land into 24 clustered single-family residential lots with a stormwater tract and an open space tract. The low to moderate-income residential lots would be clustered in a north-south configuration and would be separated from surrounding parcels by the open space tract. The subject property is 6435 – 201st Avenue SW, in Rochester, Washington.[1] Exhibit 1, Staff Report, page 1; Exhibit 2, Site Plan; Exhibit 1, Attachment d, Project Description.

2. The subject property, which is topographically flat, is developed with a single-family residence and several accessory structures. The southern portion of the site is covered with grass and some mature trees. Prairie Creek, a Type 3 stream, runs along the site’s southern boundary. A portion of the creek’s 100-foot protective buffer extends into the south of the site. Surrounding land uses include single-family residential development to the north and west, a mobile home park to the west, and vacant land to the south. The subject property is not within the jurisdiction of the Shoreline Master Program. Exhibit 1, Staff Report, page 2; Exhibit 2, Site Plan.

3. The subject property located within the Grand Mound Urban Growth Area (UGA) and is zoned by Thurston County as Residential – Three to Six Dwellings Per Acre (R 3-6/). The intent of the R 3-6/1 zone is to preserve and establish peaceful low-density neighborhoods in which owner-occupied single-family structures are the dominant form of dwelling unit. The R 3-6/1 zone allows infilling with a variety of housing types at a relatively low urban density in order to maintain the existing character of the Grand Mound community. Thurston County Code (TCC) 20.15.010. Single- and multifamily (PRRD) residential development, home occupations, and agriculture are the primary uses allowed in the R 3-6/1 district. TCC 20.15.020.

4. The R 3-6/1 requires a minimum density of three units per acre and allows a maximum density of six units per acre. TCC 20.15.010. The minimum lot size in the R 3-6/1 district is 4,000 square feet, with a minimum lot width of 20-feet for interior lots and 50-feet for corner lots. TCC 20.15.060. As proposed, the development would have a density of 4.9 units per acre. The smallest proposed lot size is 4,280 square feet, while the largest proposed lot is 4,980 square feet.[2] The minimum proposed lot width is 46-feet. No lot is located on the corner of a right-of-way because of the placement of open space area. Exhibit 2, Site Plan; Exhibit 1, Staff Report, page 3.

5. Clustered subdivisions must include a minimum of 20% of the total site area as common open space. TCC 20.03.040(20). The common open space must be within walking distance of each lot and be accessible from the street frontage. At least 30% of the dedicated open space must be suitable for active recreational use. TCC 20.32.030(1)(c)(ii). With the instant application of 4.89 acres, the development is required to have a minimum of .98 acres to common open space. The Applicant proposes to cluster the 24 development lots to create a 1.04-acre greenbelt around the development. The greenbelt along the eastern boundary would be 40-47 feet wide to allow for active recreational use of the space. Exhibit 2, Site Plan; Exhibit 1, Staff Report, page 3.

6. Grand Mound Water and Sewer Utility would serve the proposed subdivision. The Applicant would extend water and sewer lines into the plat to serve each lot. Exhibit 1, Staff Report, page 3; Exhibit 1, Attachment l. An existing well on-site would be decommissioned in accordance with County and State regulations. No off-site wells were found within 200-feet of the subject property. An existing septic system associated with the existing mobile homes on-site would also be decommissioned. Thurston County Public Health and Social Services Department reviewed the project and recommended approval subject to conditions. Exhibit 2, Site Plan; Exhibit 1, Attachment i.

7. The Applicant submitted a preliminary drainage plan depicting a stormwater detention and infiltration pond to collect and infiltrate stormwater runoff from new impervious surfaces within the development. Thurston County Roads and Transportation Services Development Review Department reviewed the submitted preliminary drainage plan and recommended approval subject to conditions. Exhibit 1, Attachment g; Exhibit 2, Site Plan; Exhibit 1, Staff Report, pages 3-4.

8. Prairie Creek, a Type 3 Stream, flows south of the subject property. Because a 100-foot protective buffer of Prairie Creek extends into the southern portion of the site, the preliminary plat was designed to incorporate all the on-site buffer areas within the open space tract. The buffer areas would abut the rear yards of Lots 12 – 14. No development is proposed within the buffer. Exhibit 2, Site Plan; Exhibit 1, Staff Report, page 2. A wetland study conducted by Habitat Technologies determined that the site contains no wetlands. Exhibit 1, Attachment m.

9. The existing cottonwood and fir trees and other vegetation within the proposed storm drain tract, the right-of-way, and the development lots would be removed. All other existing vegetation, including that within the on-site portions of the 100-foot protective buffer of Prairie Creek, would be left undisturbed. Exhibit 2, Site Plan.

10. Access to the subject property is off 201st Avenue. The 24 lots would access public roads via a new internal public road, which would terminate in a cul-de-sac bulb with a 45-foot paved radius width in a 55-foot right-of-way radius width. The Applicant proposes to dedicate 10-feet of right-of-way along the northern boundary of the site along 201st Avenue. Half-street frontage improvements along the site’s frontage on 201st Avenue would include sidewalks, curbs and gutters, street lighting, and storm drainage improvements. Thurston County Roads and Transportation Services reviewed the proposed road improvements and recommended approval with conditions. Exhibit 2, Site Plan; Exhibit 1, Attachment h.

11. The subdivision would be served by the Rochester School District. The District submitted comments requesting mitigation of impacts. School impact mitigation was made a condition of the MDNS approval. The Applicant entered into a mitigation agreement with the School District in March 2005. Exhibit 1, Staff Report, page 4; Exhibit 1, Attachments f, j, and k.

12. Pursuant to the State Environmental Policy Act (SEPA), Thurston County was designated lead agency for review of environmental impacts caused by the proposal. The County issued a Mitigated Determination of Non-Significance (MDNS) on March 15, 2005, which became final on March 29, 2005. The MDNS contains four conditions addressing required protections for Prairie Creek and school impact mitigation. Exhibit 1, Staff Report, page 3; Exhibit 1, Attachment f; Testimony of Ms. Pawlawski.

13. Notice of hearing was mailed to property owners within 500 feet of the site and to other parties who had requested notice. Notice of the open record hearing was posted on site on May 5, 2005 and published in The Olympian on May 6, 2005. Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment a. No public comments were submitted.

CONCLUSIONS OF LAW

Jurisdiction

The Hearing Examiner is granted jurisdiction to hear and decide applications for Preliminary Plats pursuant to RCW 36.70.970, TCC 2.06.010(A), and TCC 18.12.090.

Criteria for Review

The following Preliminary Plat criteria in Thurston County Code 18.12.090 must be satisfied:

1. Appropriate provisions are made for the public health, safety, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

2.The public use and interest will be served by the platting of such subdivision and dedication.

Conclusions Based on Findings
  1. With conditions, appropriate provisions will be made for the public health, safety, public ways, potable water supplies, sanitary wastes, schools and school grounds and all other relevant facts. A new public road extending off 201st Avenue would provide access to each lot. An open space tract designed as a greenbelt would surround the development area of the site, and buffer it from adjacent uses. The size of the proposed open space area satisfies County requirements associated with cluster developments. Potable water and sewer service would be provided. Stormwater would be collected and treated on-site before infiltrating. Frontage improvements and street lighting on 201st Avenue would mitigate the project’s traffic impacts. The stormwater management system would comply with County development regulations. Conditions of approval would ensure that the existing on-site well and septic system are decommissioned in accordance with state and County requirements. Conditions of approval would ensure that school impacts are mitigated. Findings of Fact Nos. 1 – 7, 10, 11, and 12.
  1. With conditions of approval, the public use and interest will be served by the platting of the subdivision. The development will result in 24 new low- to moderate-income single-family residences in Thurston County. The density of the plat will be consistent with the clustered subdivision requirements in the R 3-6/1 zoning district. The design of the site has established perpetual protection for the on-site portion of the buffer for adjacent Prairie Creek. The proposed project design creates a greenbelt to buffer the proposed development from surrounding uses and to provide active recreational opportunities on-site. Findings of Fact Nos. 1, 4, 5, and 8.

DECISION

Based on the preceding Findings of Fact and Conclusions, the Applicant’s request for approval of a Preliminary Plat and Planned Rural Residential Development to subdivide 4.98 acres of land into 24 clustered single-family residential lots, a storm drainage tract, and an open space tract at 6435 – 201st Avenue SE in Rochester, Washington is GRANTED, subject to the following conditions:

  1. Prior to or at the time of final plat submittal, the following Department of Roads and Transportation Services conditions shall be met:
  1. The proposed roadway in concept and design shall conform to the 1999 Thurston County Road Standards.
  1. Pursuant to Title 18.24 Thurston County Code, the Applicant shall execute an agreement and provide financial security to assure the successful operation of the required improvements (i.e. roads, sidewalks, illumination, landscaping, etc.) prior to final approval. Improvements not covered by this agreement are water, sewer and storm water facilities. These are addressed either by separate county ordinance or in the case of the water and sewer utilities, by the utility purveyor.
  1. The storm water management system shall conform to the 1994 Thurston County Drainage Design & Erosion Control Manual and Title 15.05 TCC.
  1. For this project, this also includes a two-year operation and maintenance agreement and financial security that shall be executed prior to final approval.
  1. Proposed utility work within the Thurston County right-of-way shall conform to the 1999 Thurston County Road Standards and Chapter 13.56 TCC. These standards do not address specific design requirements but rather items such as restoration of the County right-of-way and traffic control.
  1. Placement of utilities within the County right-of-way will require a Franchise Agreement with Thurston County pursuant to Title 13.56 TCC. This agreement shall be executed with Thurston County prior to final approval.
  1. The proposed water and sewer system shall be designed in accordance with the standards and specification of the respective utility purveyor. All water and sewer plans are subject to review and acceptance by the respective utility purveyor.
  1. The proposed grading or site work shall conform to Appendix J of the International Building Code, Title 14.37 of the TCC and the 1994 Drainage Design & Erosion Control Manual.
  1. Permanent survey controls are to be placed in order to establish all public street centerlines, intersections, angle points, curves, subdivision boundaries and other points of control.
  1. The preliminary plat approval does not relieve the Applicant of compliance with all other local, state and/or federal approvals, permits and/or laws necessary for the proposed development activity for which this approval is granted. Any and all additional permits and/or approvals shall be the responsibility of the Applicant.
  1. A street light shall be provided at the intersection of the project with 201st Avenue SW.
  1. Unless waived by Thurston County Roads and Transportation Services, the construction of frontage improvements shall require overlaying the pavement or reconstruction to the centerline of the roadway on 201st Avenue SW.
  1. The final plat map shall note or delineate the following:
  1. “WARNING”: Thurston County has no responsibility to build, improve, maintain or otherwise service the private road or driveway(s) within or providing access to property described in this plat.
  1. Increased storm water runoff from the road(s), building(s), driveway(s) and parking area(s) shall be retained on site and shall not be directed to roadway ditches adjacent to 201st Avenue SW.
  1. If seasonal drainage crosses subject property, no filling or disruption of the natural flow shall be permitted.
  1. Delineate the access restrictions by showing a “no access” strip, written and hatched,” between the County approved access points along the frontage of 201st Avenue SW on the final plat map.
  1. Storage requirements for runoff from buildings and parking surfaces shall be shown on individual building lots, including drywell sizing or storm drain connection points.
  1. The owner/homeowners association shall be responsible for maintaining the planter strips (weeding, irrigation, mowing, etc.) in a healthy and growing manner in perpetuity.
  1. The owner and/or homeowners association shall be responsible for the operation and maintenance of the streetlights until such time the property is annexed into a City.

B.Prior to final plat submittal, the following Health Code related conditions shall be met:

  1. Grand Mound water and sewer utilities must be extended to and through this subdivision.
  1. Confirmation of final water and sewer extension approval from Thurston County Water & Waste Management must be provided.
  1. An Integrated Pest Management Plan (IPMP) has been developed for this project and is approved for the subdivision. Prior to final plat submittal, the Applicant must provide in writing a proposed method of IPMP distribution to future homeowners within this subdivision. This distribution method must be reviewed and approved by the Thurston County Environmental Health Department prior to final plat submittal.
  1. The existing single-family well on this property must be decommissioned per Washington State Department of Ecology standards. A copy of the well driller’s decommissioning report must be provided.
  1. All on-site sewage systems on this property must be abandoned per the requirements of Article IV of the Thurston County Sanitary Code. An abandonment permit from the Thurston County Environmental Health Department is required for each sewage system and all abandonment records must be provided.
  1. All conditions of the Mitigated Determination of Non-Significance issued March 15, 2005 shall be met prior to or at the time of final plat submittal.
  1. Street addresses, lot size, and dimensions for each lot shall be shown on the final map.
  1. Prior to or at the time of final plat submittal, the Applicant shall submit an agreement with the Rochester School District, which provides mitigation for project impacts to school facilities. If the agreement includes payment of mitigation fees prior to issuance of building permits for the individual homes, the terms of the agreement shall be noted on the final plat map.
  1. The final design of the plat and future development of lots shall conform to all minimum standards of the Zoning Ordinance (i.e. lot size, lot dimension, setbacks, etc.) and the Platting and Subdivision Ordinance.
  1. The final map shall delineate all on-site buffers associated with Prairie Creek.
  1. The following notes shall be shown on the final plat map:
  1. The plat was reviewed and approved based on standards and allowances of the Residential, Three to Six Dwelling Units Per Acre (R 3-6/1) zone (TCC 20.15).
  1. The plat was reviewed through Project No. 2004106061, Folder Sequence No. 04 119831 ZJ.

I.All development on the site shall be in compliance with the approved plat. Any alteration of the site plan will require approval of a new or amended plat. The Planning & Environmental Section shall determine if any amendment requires Hearing Examiner approval.

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