BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

Transcription

1 BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY In the Matter of the Application of ) No. PLAT/PRRD ) Frog Hollow Division 2 Kenosha Limited Partnership ) ) FINDINGS, CONCLUSIONS For Approval of a Preliminary Plat and ) AND DECISION Planned Rural Residential Development ) ) SUMMARY OF DECISION The request for approval of a Preliminary Plat and Planned Rural Residential Development to subdivide 34.9 acres of land into 11 single-family residential lots is GRANTED, with conditions. SUMMARY OF RECORD Request: Kenosha Limited Partnership (Applicant) requested approval of a Preliminary Plat and Planned Rural Residential Development (PRRD) to subdivide 34.9 acres of land into 11 single-family residential lots, including one acre Resource Use Parcel. The subject property is located on the south side of Old Highway 99 between Tilley Road and Marsh Road Southwest in Thurston County, Washington and is identified as Tax Parcel Numbers , and The legal description of the property is Parcel D of Boundary Line Adjustment No. BLA TC. Hearing Date: An open record hearing on the request was held before the Hearing Examiner for Thurston County on August 26, Testimony: At the hearing, the following individuals presented testimony under oath: 1. Nancy Pritchett, Thurston County Development Services Department 2. Robert Connolly, Applicant s Engineer 3. Todd Hansen, Applicant

2 4. Charles Arthauser, Attorney Representing Applicant 5. Gary Duvall, Thurston County Public Health and Social Services Department 6. Bruce Morgan 7. Jack King, Thurston County Roads and Transportation Services Department 8. Shanna Stevenson, Thurston County Historic Commission Exhibits: At the hearing, the following exhibits were admitted as part of the official record: EXHIBIT 1 Development Services Report with the following Attachments: 1 Attachment a Notice of Hearing dated August 6, 2002 Attachment b Preliminary Plat Application received January 2, 2002 Attachment c Planned Rural Residential Development Application received January 7, 2001 Attachment d Zoning/Site Map, undated Attachment e Preliminary Plat Map revised July 29, 2002 Attachment f Mitigated Determination on Nonsignificance issued August 1, 2002 Attachment g July 11, 2002 Comment Letter from Gary Duvall, Thurston County Public Health and Social Services Department - Environmental Health Attachment h June 18, 2002 Memorandum from Scott Davis, Roads & Transportation Services, Development Review Division Attachment i August 7, 2002 Memorandum from Jack King, Roads and Transportation Services, Development Review Division Attachment j May 30, 2002 Letter from Opal Smitherman, Department of Ecology EXHIBIT 2 Thurston County Policy Number SEPA.98.POL.804 Water Rights Requirements for Land Use Applications EXHIBIT 3 EXHIBIT 4 Map Depicting Morgan/Violet Prairie Plantation, Ltd. Property and Applicant s Property Photograph Depicting a Natural Berm on the West Side of Tilley Road 1 The County s submittal to the Hearing Examiner included an Attachment k, which is not admitted into the record for this proceeding. Attachment k was an August 6, 2002 letter from the Thurston County Historic Commission regarding a potential archaeological site in the area of Frog Hollow Division 3 Frog Hollow Division 2, PLAT/PRRD Page 2

3 EXHIBIT 5 EXHIBIT 6 EXHIBIT 7 2 Photographs Depicting West and East Side of Tilley Road 4 Photographs Depicting an Artificial Berm along Goddard Road List of Native Prairie Plants Based upon the record developed at the open record hearing, the Hearing Examiner enters the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. The Applicant requested approval of a Preliminary Plat and PRRD to subdivide 34.9 acres of land into 11 single-family residential lots, including one acre Resource Use Parcel. The subject property is located on the south side of Old Highway 99 Southwest between Tilley Road and Marsh Road Southwest in Thurston County, Washington and is identified as Tax Parcel Numbers , and The legal description of the property is Parcel D of Boundary Line Adjustment No. BLA TC. Exhibit 1, Staff Report, page 1; Exhibit 1, Attachments b, c, d and e. 2. The subject property is zoned Rural Residential Resource -- One Dwelling Unit Per Five Acres (RRR 1/5). Although the minimum lot size for large lot subdivisions in the RRR 1/5 zone is five acres, there is no minimum lot size for PRRDs in the RRR 1/5 zone. TCC 20.09A.050. In order to qualify as a PRRD, a development in the RRR 1/5 zone must contain a Resource Use Parcel comprising 60 percent of the site. Proposed Lot 7, which has been designated a Resource Use Parcel, would be acres in size and comprise 86 percent of the site area. Lots 1 through 6 and 8 through 11, clustered in the northern portion of the property, would each be at least 12,500 square feet. The density of the proposed development would be one dwelling unit per 3.18 acres. Exhibit 1, Staff Report, pages 2, 3 and 4; Exhibit 1, Attachments d and e. 3. Although the base density in the RRR 1/5 zone is one dwelling unit per five acres, parcels of 7.5 acres or more may receive a density bonus of 35 to 65 percent through the PRRD process. TCC 20.09A.040. According to the density bonus table set forth in TCC 20.30A.060, the Applicant qualifies for a density bonus of 61 percent. This density bonus entitles the Applicant to develop as many as 11 dwelling units on-site. 2 Exhibit 1, Staff Report, pages The formula for converting the percent density bonus to allowable dwelling units is set forth in TCC 20.30A.060. Using the values applicable to Frog Hollow Division 2, the formula is as follows: (total acreage) / 5 (1 unit per 5 acres base density) = x 1.61 (61% bonus) = (11 allowed dwelling units). Exhibit 1, Staff Report, page 4. Frog Hollow Division 2, PLAT/PRRD Page 3

4 4. Scatter Creek and its associated wetlands bisect the subject property from east to west approximately 1,000 feet south of Old Highway 99. Although the majority of the subject property is south of Scatter Creek, the clustered lots would be located within a narrow panhandle on the north side of Scatter Creek. Access to the clustered lots would be from Old Highway 99 via a new private cul-de-sac road. Exhibit 1, Attachment e. 5. The design of the clustered portion of the development is restricted by Scatter Creek and the narrow frontage on Old Highway 99 (the property frontage is approximately 290 feet). Lots 1 and 11 would front Old Highway 99. The new private road would enter the site on the west side of Lot 11 (near the west property line), continue south approximately 180 feet, then turn east behind Lot 11 and parallel Old Highway 99 for approximately 80 feet. A 40-foot wide easement would allow the road to be continued east behind Lot 1 and through the adjoining property to the Applicant s second proposed development, Frog Hollow Division 3. From the east side of Lot 11, a cul-de-sac road would extend south approximately 400 feet. Lots 8 through 10 and Storm Drainage Tract A would be on the west side of the road, and Lots 2 through 6 would be on the east side of the road. No lot would take direct access from Old Highway 99. Exhibit 1, Attachments e and h. 6. There was public comment from the owner of property several parcels east of the site (Mr. Bruce Morgan) that the Applicant should construct public roads within the development in order to maximize the number of lots served by the road and to minimize the number of driveway entrances from Old Highway 99. As proposed, the portion of the internal road paralleling Old Highway 99 would have potential to extend off-site to the east, cross one property under separate ownership and terminate within Frog Hollow Division 3. The total number of lots that would be served by the road is unclear because the property immediately east of the subject property is not developed; however, the shape of the adjoining property suggests a development potential of approximately ten clustered lots. Assuming development of that property and Frog Hollow Division 3, the number of lots served by the road could be as high as 30. Mr. Morgan s request was that a stub be provided to the east property line of Frog Hollow Division 3 to provide access to adjoining properties. There are no pending applications for development of those properties. Exhibit 1, Attachment e; Testimony of Mr. Morgan. 7. Roads & Transportation Services Department staff has preliminarily determined that the proposed private road design satisfies Thurston County Road Standards. Although private roads typically serve no more than 16 lots, staff submitted that the short distance between Old Highway 99 and the proposed cul-de-sac road (Division 2) warrants a deviation from the public road standard. The primary difference between a private road and a public road is right-of-way width both roads require a similar width of paving. The proposed private road would have two 11-foot driving lanes within a 40-foot easement. Exhibit 1, Attachments e and i; Testimony of Mr. King. 8. The design of the private road was intended to reduce the number of entrances from Old Highway 99. By extending the private road from the proposed development to Frog Hollow Division 3, additional entrances from Old Highway 99 would be avoided. Frog Hollow Division 2, PLAT/PRRD Page 4

5 However, the Applicant objected to any requirement that a stub be provided to provide access to properties east of Division 3. Testimony of Mr. Hansen. 9. The additional right-of-way required for public roads within the development would likely result in a loss of lots because each lot must be at least 12,000 square feet for installation of individual septic systems. Testimony of Mr. Connolly. 10. Section 20.30A.070 sets forth design standards applicable to PRRD development. These standards require that the Resource Use Parcel be a single contiguous parcel shaped so as to be usable for resource uses (subsection 5(b)); the Resource Use Parcel not be bisected by roads or easements when used for agriculture, forestry or sensitive resource protection (subsection 5(c)); the Resource Use Parcel be contiguous with any abutting Resource Use Parcels or other open spaces (subsection 5(d)); the subdivision be designed to maximize the visibility of the Resource Use Parcel from adjoining roads (subsection 5(e)); native vegetation be retained in the Resource Use Parcel to the extent compatible with the intended use of the parcel (subsection 5(f)); the single-family residence within the Resource Use Parcel be sited to maximize resource opportunities (subsection 5(g)); the lot configuration blend with the natural features of the site to retain the natural, rural character of the site (subsection 6(a)); windfirm trees be retained to screen residences from roads (subsection 6(b)); and residential lots be grouped and not assembled in a linear configuration (subsection 6(d)). With respect to the grouping of residential lots, TCC 20.30A.070(6)(d) defines a linear configuration as a long and narrow site design. Exceptions from the grouping requirement may be allowed where unusual conditions warrant a linear configuration. Figure 20 of the zoning ordinance depicts a subdivision design similar to the design proposed and identifies it as being consistent with TCC 20.30A.070(6)(d). 11. The proposed subdivision design would allow access to the clustered lots from Old Highway 99 without crossing Scatter Creek. Although there are currently no other Resource Use Parcels adjoining the subject property, it is likely that future development in the area will include Resource Use Parcels on the south side of Scatter Creek. This is evident from the shape of the surrounding lots, the location of the private road easement over adjoining property, and the planned location of the Resource Use Parcel within proposed Frog Hollow Division 3, east of the site. Trees have been harvested from the site since the 1970 s, and the use of the Resource Use Parcel area for the last few years has been pastureland. However, the oak woodlands located within the Scatter Creek corridor would be retained. The single-family residence and well would be located south of Scatter Creek in the northeast portion of the Resource Use Parcel. The clustered lots would be screened from Old Highway 99 with a 25-foot vegetated buffer. Exhibit 1, Attachment e; see also PLAT/PRRD One of the issues raised in public comment was PRRD design. Mr. Morgan testified that the proposed development is in a linear configuration that is prohibited by TCC 20.30A.070. The concern was that the proposed development, along with adjoining developments of a similar design, would result in a block of housing along Old Highway Frog Hollow Division 2, PLAT/PRRD Page 5

6 99 that would be inconsistent with the purposes of the PRRD ordinance. As mitigation, Mr. Morgan requested that the Applicant be required to install a berm along Old Highway 99, rather than a 25-foot vegetated buffer, in order to provide immediate screening. Mr. Morgan provided examples of berms along Tilley and Goddard roads. The closest of these is a half-mile from the subject property (no examples of berms along Old Highway 99 were provided). In addition, Mr. Morgan testified that a planting of Douglas Fir would not be successful on the subject property. Testimony of Mr. Morgan. Neither the Applicant nor the County was adverse to installation of a berm; however, the Applicant questioned whether a berm would interfere with utility easements. Testimony of Ms. Pritchett; Testimony of Mr. Hansen; Exhibits The Shoreline Master Program for the Thurston Region (SMPTR) designates Scatter Creek a Shoreline of the State and the subject property a Conservancy Shoreline Environment. The jurisdictional boundary of the SMPTR is the greater of (1) a 200-foot distance from the edge of the ordinary high water mark; (2) the edge of the 100-year flood plain based on the Flood Insurance Rate Map; or (3) the edge of the wetlands associated with Scatter Creek. The portion of the property under the jurisdiction of the SMPTR, as well as non-shoreline wetland buffers, would be contained within the Resource Use Parcel. Exhibit 1, Staff Report, page 5; Exhibit 1, Attachment e. 14. The Residential Development chapter of the SMPTR contains the following policies that are applicable to the proposed development: 2. Clustering of residential development is encouraged to minimize adverse environmental impact and to provide open space. 3. Residential developments created after the effective date of this Program should provide adequate common access to the shoreline and open space along the shoreline for all residences of the subdivision. The access and open space should be of adequate size to provide for recreation and to insure against unreasonable interference with adjacent properties. The Applicant proposes a community access easement between Lots 6 and 8 that would provide access to Scatter Creek for all residents of the subdivision. The easement area would include the entire area between Scatter Creek and the clustered lots. Exhibit 1, Attachment e. 15. Although the Preliminary Plat Map depicts 100-foot wetland buffers, the classification of the wetlands is not identified on the Preliminary Plat Map or described in any of the documents submitted at the open record hearing, including the Mitigated Determination of Nonsignificance. Pursuant to Table 10 of Chapter of the Thurston County Code, required wetland buffer widths can range from 50 to 300 feet according to the classification of the wetland (Class I, II or III) and the intensity of the adjacent land use (high or low intensity). 3 It is possible that the buffer required to protect the Scatter Creek 3 The definitions of high intensity land use and low intensity land use set forth in TCC are ambiguous. The definition of high intensity land use includes residential (any zone permitting a density greater than 1 unit/5 acres), Frog Hollow Division 2, PLAT/PRRD Page 6

7 wetlands is greater than 100 feet. Resolution of the issue is important because proposed Lot 6 abuts the 100-foot buffer line. Exhibit 1, Attachments e and f. 16. In addition to Scatter Creek and its associated wetlands, the Resource Use Parcel would contain Oregon White Oak/Garry Oak Woodlands, which are protected by the Critical Areas Ordinance as important habitat. Exhibit 1, Staff Report, page 5; TCC 17.15, Table Section 20.30A.040(3) of the Thurston County Code specifies that only one single-family residence may be placed on a Resource Use Parcel. There is a single-family residence under construction in the area of the proposed Resource Use Parcel. Exhibit 1, Attachment e; Testimony of Mr. Hansen. 18. Each lot would be served by individual on-site septic systems. The Thurston County Environmental Health Division reviewed the soils on site and determined that each lot has suitable soil type and depth to allow installation of an on-site septic system in accordance with WAC and Article IV of the Sanitary Code. Based on the County's review, the on-site septic systems should not adversely affect ground or surface water. Exhibit 1, Attachment g. 19. The ten clustered lots would be served by a Group B public water supply to be developed within the access easement area north of Scatter Creek. The proposed public well site has been reviewed and approved by the County Public Health and Social Services Department. The Resource Use Parcel would be served by a single-family well. Exhibit 1, Attachment g; Testimony of Mr. Duvall. 20. Pursuant to RCW , withdrawals of ground water require a water right from the Department of Ecology (DOE) unless such withdrawals are exempt. The exemption applies to withdrawals of no more than 5,000 gallons per day. Because the Applicant was unable to obtain a water right for the development, withdrawals from the Group B system are subject to the 5,000-gallon per day limitation. Under Washington State Department of Health standards, 5,000 gallons per day is adequate to serve six singlefamily residential lots, based on an allocation of 750 gallons per day per lot. However, this standard may be reduced to 350 gallons per day with mitigation. The County s adopted SEPA policy on water rights requirements (SEPA.98.POL.804) requires that cluster subdivisions attempting to utilize a Group B public water supply for more than six lots limit the number of bedrooms in each residence to three, utilize low water plants in landscaping, store water to augment instream flows during low flow periods (if there is and the definition of low intensity land use includes residential (density equal to or less than 1 unit/5 acres including clustered lots and their density bonus). If the language in the latter definition were interpreted to mean that the overall project density must be less than one unit per five acres to qualify as a low intensity land use, then it is possible that the proposed development would fall under neither definition since the project density is greater than one dwelling unit per five acres but the zoning density is not greater than one dwelling unit per five acres. The County did not analyze whether the proposed development would constitute a high or low intensity land use. TCC 17.15, Table 10. Frog Hollow Division 2, PLAT/PRRD Page 7

8 sufficient river frontage), design stormwater facilities to maximize infiltration and minimize evaporation, and limit residences to one outside hose bib. The Applicant submitted that the mitigation measures would ensure that the withdrawals from the Group B public water supply do not exceed 5,000 gallons per day. Exhibit 2; Testimony of Mr. Hansen; Testimony of Mr. Connolly. 21. Storm drainage from the site would be treated and infiltrated in Tract A in accordance with the Drainage Design and Erosion Control Manual for Thurston County (DDECM). Exhibit 1, Attachments e and h; Testimony of Mr. Connolly. 22. The subject property is located within the Tenino School District. As required by the MDNS issued for the proposal, the Applicant would enter into a mitigation agreement with the School District prior to final plat approval. Exhibit 1, Staff Report, page 6; Exhibit 1, Attachment f. School children from the subdivision would be bussed to school. Exhibit 1, Staff Report, page 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 Nonsignificance (MDNS) on August 1, 2002 containing three mitigating measures. These measures address wetland buffers, preservation of oak woodlands, and school impact mitigation. The MDNS was not appealed. Exhibit 1, Attachment f. 24. Notice of the open record hearing was published in The Olympian on August 9, 2002, mailed to adjacent property owners on August 6, 2002 and posted on-site on August 9, CONCLUSIONS OF LAW Jurisdiction The Hearing Examiner is granted jurisdiction to hear and decide applications for Preliminary Plats and Planned Rural Residential Developments pursuant to RCW and TCC Criteria for Review To be approved by the Hearing Examiner, the criteria for review as set forth in Thurston County Code must be satisfied. The criteria include: a. Appropriate provisions are made for the public health, safety and general welfare and such open spaces, drainage ways, streets and roads, alleys, 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 planing features that assure safe walking conditions for students who only walk to and from school; and Frog Hollow Division 2, PLAT/PRRD Page 8

9 b. The public use and interest will be served by the platting of such subdivision and dedication. Conclusions Based on Findings 1. With conditions of approval, including the conditions contained in the MDNS issued for the proposal, appropriate provision would be made for the public health, safety, general welfare and all other relevant facts. Pursuant to TCC , there is no open space requirement applicable to the proposal. However, the Resource Use Parcel would comprise 86 percent of the site area and include an easement allowing shoreline access. Each lot would be served by individual on-site septic systems. The clustered lots would be served by a Group B water system. Storm drainage from the site would be treated and infiltrated in accordance with DDECM standards. School mitigation would be negotiated with the Tenino School District. Students would be bussed to school. Findings of Fact Nos. 1, 2, 18, 19, 20, 21, 22 and Conditions are needed to ensure that critical areas are adequately protected. The classification of the Scatter Creek wetlands is essential to determining the needed level of protection. Finding of Fact No. 13 and Conditions are needed to ensure that the mitigation measures set forth in SEPA.98.POL.804 are satisfied. Withdrawals from the Group B water system must be limited to a total of 5,000 gallons per day to maintain exempt status. Finding of Fact No The proposed private road system is adequate to accommodate the traffic generated from the development. The private road is a reasonable in light of its short distance from Old Highway 99. The additional right-of-way width needed for a public road would not necessarily increase the road s safety, at least for the level of development proposed. Although a public road would accommodate a higher level of future development, requiring the Applicant to dedicate sufficient right-of-way for such future development would likely conflict with state law as expressed in Luxembourg v. Snohomish County, 76 Wn. App. 502 (1995). No evidence was provided that a public road is necessary to serve traffic generated by the proposed development or the combined traffic of the proposed development and Frog Hollow Division 3. Although a public road, perhaps in a location farther south of Old Highway 99, might represent better land use planning, it is not the Hearing Examiner s role to act as a planner. The Hearing Examiner s role is to determine whether the PRRD, as proposed, satisfies the applicable criteria. The County has approved the road design as consistent with applicable road standards. Findings of Fact Nos With conditions, the proposal is consistent with PRRD design standards. The proposed Resource Use Parcel would be a single, contiguous parcel adjacent to similar off-site resource uses. The single-family residence would be sited in a manner that would allow resource uses. No roads would cross the Resource Use Parcel. Vegetation including native oak woodlands would be retained within the critical areas and buffers. Although Frog Hollow Division 2, PLAT/PRRD Page 9

10 the proposed development in and of itself would not be in a linear configuration, it would contribute to a linear configuration of housing developments along Old Highway 99. Mitigation is needed to ensure that the natural character of the area is maintained in accordance with TCC 20.30A.070. Findings of Fact Nos. 4, 5, 10, 11, 12, 16 and With conditions of approval, the public use and interest would be served. The proposal would create ten new single-family residential lots complying with PRRD standards. The density of the plat would not exceed RRR 1/5 standards as modified through the PRRD density bonus process. Findings of Fact Nos. 1, 2 and 3. DECISION Based upon the preceding Findings of Fact and Conclusions of Law, the request for approval of a Preliminary Plat and Planned Rural Residential Development to subdivide 34.9 acres of land into 11 single-family residential lots is GRANTED, subject to the following conditions: A. Prior to site development, the wetlands associated with Scatter Creek shall be evaluated by a wetlands professional and classified in accordance with the wetland rating system set forth in TCC Buffers shall be established from the edge of the wetlands in accordance with the standards set forth in TCC 17.15, Table 10. B. Per TCC , the perimeter of the wetland/shoreline buffer shall be marked with metal signs that identify the area as a Critical Area. A template for these signs can be obtained from Thurston County Development Services. The signs shall be attached to treated wood or metal posts or another material of equal durability. The signs shall be mounted on, at a minimum, 4-inch by 4-inch posts. These signs shall be located at the point where property lines intersect with the buffer, at corners where the buffer makes a change of direction, and not less than every 300 feet or within visual distance of each other. The signs shall be installed prior to final plat approval. C. All wetlands on this property and their associated buffers shall be surveyed and shown on the final plat. Fences shall be constructed at the edge of the wetland buffers or the 100- year flood plain, whichever is greater. The fence may be constructed of 3-strand wire or 3-rail wood or plastic and shall be installed prior to final plat approval. D. The following shall be located on the survey/recording document: 1. Those areas 200 feet from the ordinary high water mark of Scatter Creek, within the Shoreline Management Act jurisdiction. 2. The extent of the 100-year flood plain. 3. The extent of the wetlands and associated buffers. E. Prior to final plat approval, the following Roads and Transportation Department related conditions shall be met: Frog Hollow Division 2, PLAT/PRRD Page 10

11 1. The following items are required to be submitted, reviewed and approved prior to acceptance of final construction drawings for Division 2: a. Construction Drawing Set. b. Engineered drainage plan, to include design of the off site drainage facilities associated with the Division 2/Division 3 interconnecting roadway. c. Submit application for street names and site addresses to the Thurston County Addressing Official. d. Signage and striping plan. e. Payment of any required review and inspection fees. 2. Prior to receiving final plat approval, the following items shall be required: a. Completion of all roads and drainage facilities. b. Final inspection and completion of all punch list items, if required after final inspection. c. Receipt and acceptance of Appendix "F" (Engineer s Certification) per the DDECM submitted and signed by the project engineer. d. Receipt and acceptance of Appendix "K (Agreement) per the DDECM submitted and signed by the Owner. e. Review and accept contractor s blueline record of changes. The changes shall be incorporated on to the original mylars, within clouds. The record drawing mylars shall be received and accepted, then submit two sets of final record drawings for project file and bond file. The record drawings shall include street names and block numbers approved by Addressing Official. f. Financial security will be necessary for maintenance and operation of the drainage facilities. g. If necessary, financial security for the completion of all improvements required (i.e., sidewalks). h. Required survey information on the final plat map. i. Homeowner's articles of incorporation or covenants. j. Approved deferral or completion of required frontage improvements. k. Completion of required signing and striping. l. Payment of any required utility fees. m. Payment of any required final fees. n. Payment of any required mitigation fees. o. Complete the right of way dedication process, if necessary. F. Prior to final plat approval, the following Environmental Health Department related conditions shall be met: 1. The water system designs for the proposed Group B public water supply shall be reviewed in accordance with Article III of the Thurston County Sanitary Code. Once approved and constructed, final construction and approval must be granted by the Thurston County Health Department. In addition, the following are required: Frog Hollow Division 2, PLAT/PRRD Page 11

12 a. The plans and specifications for the water system s construction shall include a plan to meet the satellite management requirements set forth in WAC b. No stormwater facilities (including swales) shall be located within 100 feet of the proposed public well site. 2. The Applicant has proposed to comply with the low flow water use mitigation measures set forth in County policy SEPA98.POL.804 in lieu of obtaining a water right permit. For consistency with SEPA98.POL.804, the following requirements apply: a. The residences built within this subdivision shall have a maximum of three (3) bedrooms. This restriction shall be placed on the face of the plat map and within the C.C.&R s for this development. b. Detailed landscaping plans shall be developed for the lots within the development. The plans will incorporate low water use/drought tolerant vegetation and specific irrigation techniques. All lots developed within the Frog Hollow, Division 2 subdivision shall adhere to these landscaping plans. This requirement shall be placed on the face of the final plat map and noted within the C.C.&R s. c. Each residence shall be restricted to one outside hose bib. This restriction shall be placed on the face of the plat map and noted within the C.C.&R s. d. Stormwater facilities shall be designed in such a manner to maximize infiltration and minimize evaporation. 3. As noted above, the Applicant shall have a landscape professional submits four detailed low water use landscape plans for use on all lots within the subdivision. These plans shall be submitted to Thurston County Health Department for review and approval. G. Prior to final plat approval, the Applicant shall submit evidence to the Development Services Department that adequate capacity exists in Tenino School District schools to accommodate the students generated by this project or that an agreement is in place between the Applicant and Tenino School District to mitigate the impact the plat will have on the district schools. If an agreement for mitigation of impacts is required and reached between the Applicant and the School District, the requirements of the agreement shall be stated on the final plat map. H. A lot owner s association agreement shall be recorded with the Thurston County Auditor prior to final plat approval. I. Covenants establishing the lot owners association's responsibility for the maintenance of the access to Scatter Creek, the well, the buffer along Old Highway 99, and stormwater facilities shall be recorded with the Thurston County Auditor prior to final plat approval. Frog Hollow Division 2, PLAT/PRRD Page 12

13 J. The current tax parcel numbers and case number, PLAT020003, shall be included in the notes on the final plat. K. The residential address for each lot shall be shown on the final plat. L. The final design of this subdivision shall conform to all minimum standards of the Zoning Ordinance, the Platting and Subdivision Ordinance, the Critical Areas Ordinance, and the Shoreline Mater Program. M. Community access to the shoreline area as required by the Shoreline Master Program for the Thurston Region shall be shown on the face of the final plat. N. The final plat covenants shall note the existence of adjacent farms and forestry activities which may include early and late operating hours as well as agricultural odors, and stating that Thurston County assumes no responsibility for future potential conflicts between these land uses. O. In order to provide additional screening of the development from Old Highway 99, a berm shall be installed within the vegetative buffer adjacent to Lots 1 and 11, unless such berm would conflict with continued access to utility easements. The design of the berm shall be subject to Development Services Department Approval. The berm and remaining buffer area shall be planted prior to final plat approval. A planting plan must be prepared by a certified landscaping professional and approved by Development Services staff before the materials are installed. P. The following notes shall be shown on the final plat map: 1. This subdivision has been approved through provisions of the Thurston County Zoning Ordinance, 20.30A. Lot 7 is the resource use parcel required by the ordinance. It is approved for use as a single-family residential lot, protection of critical areas, and forestry and agricultural use. These restrictions remain in force and the property cannot be further subdivided until the property is annexed to a city or town. Special uses are not permitted on the Resource Use Parcel as the density bonus has been used. 2. A note shall be placed on the final plat map stating that the subject property is near forestlands on which commercial activities may occur that may not be compatible with residential development for certain periods of time. The notice shall also contain a statement that the ability of owners or occupants to recover for nuisances arising from activities on Forestry Lands may be restricted. 3. Management of the Resource Parcel shall be in compliance with Thurston County Critical Areas Ordinance There shall be no logging, livestock or agricultural activities within wetlands, Oak Woodlands or their buffers. 4. This property contains Scatter Creek, a Type 1 water and Conservancy Shoreline, associate floodplain, wetlands, and associated buffers. Due to the importance of Frog Hollow Division 2, PLAT/PRRD Page 13

14 these wetlands for wildlife habitat, pollution control, ground water recharge, and floodwater storage these areas shall be protected and not disturbed. There shall be no clearing, grading, logging, construction or livestock use within these areas without prior review and approval from Thurston County Development Services. 5. The subject property contains Oregon White Oak/Garry Oak (Quercus garryana) Woodlands within the Scatter Creek corridor. Oak Woodlands are identified as an important habitat of Thurston County and are protected under Thurston County Critical Areas Ordinance To preserve and protect this high quality native habitat no clearing, mowing, grading, filling, logging or construction activities shall be allowed within the Oak Woodland area without prior review and approval from Thurston County Environmental Review Staff. Q. The final plat map shall contain any other notes as required by the various commenting agencies. Decided this 23 rd day of September LeAnna Drevecky K:\zoning.lu\DECISION\PLATS\ Decision.FrogHollowDiv2.doc Frog Hollow Division 2, PLAT/PRRD Page 14