BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY In the Matter of the Application of ) NO. PLAT/PRRD/VARI 961411 ) Intercontinental Investments Inc. ) FINDINGS, CONCLUSIONS ) AND DECISION for a Preliminary Plat and Planned Rural ) Residential Development ) ) SUMMARY OF DECISION The Preliminary Plat and Planned Rural Residential Development are APPROVED, with conditions. The variance from the standards of Thurston County Code (TCC) 18.40.030 is APPROVED to allow development as part of the road system of the Plat two dead end cul-desacs that exceed 600 feet. These permits are subject to the conditions as stated herein. SUMMARY OF RECORD Request: Intercontinental Investments Inc. (Applicant) requested a Preliminary Plat (Plat) and Planned Rural Residential Development (PPRD) to subdivide a 159.7 acre parcel located on the north side of 36 th Avenue Northwest, approximately one half mile west of Biscay Street Northwest, Thurston County, Washington, into 45 single-family residential lots. The Plat will include a 96.66 acre resource use parcel and four open space/community area tracts. The Applicant also requested a variance from TCC 18.40.030 to develop as part of the road system of the Plat two dead-end cul-de-sac roads that exceed 600 feet. Hearing Date: An open record hearing on the request was held before the Hearing Examiner of Thurston County on March 20, 2000. Testimony: At the hearing the following individuals presented testimony under oath: Robert Smith, Development Services Gary Duvall, Environmental Health Brent Payton, Development Review Bernadette Clemente, Development Review Roger Giebelhaus, Development Services Steve Hatton Jeff Pantier Jim Cubbage Dennis Peck Diane Hoglund

Dan Kelly Karl Ruppert Baird Miller Chris Stearns Pete Zubowicz Exhibits: At the hearing the following exhibits were admitted: EXHIBIT 1 Development Services Department Report Attachment a Attachment b Attachment c Attachment d Attachment e Notice of Public Hearing and Mailing List Zoning/Site Map Preliminary Plat Map Planned Rural Residential Development Application Variance Application Attachment f Mitigated Determination of NonSignificance, SEPA 961411 Attachment g September 30, 1999 Comment Letter from the Environmental Health Department Attachment h December 12, 1996 Comment Memorandum from Roads &Transportation Services Attachment i Attachment j Attachment k Attachment l June 21, 1999 Comment Memorandum from Roads &Transportation Services July 22, 1999 Comment Memorandum from Roads &Transportation Services January 24, 2000 Comment Memorandum from Roads &Transportation Services August 11, 1997 Comment Letter from the Olympia School District Attachment m January 24, 2000 Comment Letter from Thomas C. Miller, Thurston County Fire Marshall Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 2

Attachment n Attachment o Attachment p Attachment q Attachment r Attachment s Attachment t Attachment u Attachment v February 6, 1997 Comment Letter from John Pool Comment Letter from George Russell and Beverly Russell February 14, 1997 Comment Letter from Joe Blue and Family February 16, 1997 Comment Letter from Thomas F. Mumford, Jr. and Nancy E. Smith February 10, 1997 Comment Letter from Vicky D. Friend February 1, 1997 Comment Letter from Owen G. Reese, Jr. February 25, 1997 Comment Letter from Lois A. Winkelman and James E. Winkelman February 27, 1997 Comment Letter from Lea Mitchell Copies of Comment Letters Submitted by a Number of Different People EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 Preliminary Plat Map Revised Preliminary Plat Map submitted by Jeff Pantier March 23, 2000 Letter from Jeff Pantier EXHIBIT 5 Plat/Hearing Presentation dated March 17, 2000 with attached letters from Department of Ecology, Pene L. Speaks and Steve Hatton - submitted by Steve Hatton EXHIBIT 6 EXHIBIT 7 EXHIBIT 8 EXHIBIT 9 Green Cove Creek Basin City and County Zoning Map February 3, 2000 Comment Letter from Chris Stearns March 20, 2000 E-mail from Rick Burdorff March 14, 2000 E-mail from Richard Corn EXHIBIT 10 March 20, 2000 f E-mail rom Thomas F. Mumford EXHIBIT 11 March 18, 2000 f E-mail from Sarah Williams EXHIBIT 12 September 22, 1999 Memorandum from Robert Mead Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 3

EXHIBIT 13 March 20, 2000 Comment Letter from James Cubbage EXHIBIT 14 March 22, 2000 Comment Letter from Lea Mitchell EXHIBIT 15 April 10, 2000 Order from Hearing Examiner EXHIBIT 16 April 12, 2000 Memorandum from Robert Smith responding to Order from Hearing Examiner dated April 10, 2000 Upon consideration of the testimony and exhibits submitted at the open record hearing, the following Findings and Conclusions are entered by the Hearing Examiner. FINDINGS 1. The Applicant requested a Preliminary Plat and PPRD to subdivide a 159.7 acre parcel located on the north side of 36 th Avenue Northwest, approximately one half mile west of Biscay Street Northwest, Thurston County, Washington, into 45 single-family residential lots. The Plat will include a 96.66 acre resource use parcel and four open space/community area tracts. The Applicant also requested a variance from TCC 18.40.030 to develop as part of the Plat road system two cul-de-sac dead-end roads that exceed 600 feet. Exhibit 1, Staff Report; Exhibit 3, Revised Site Plan; Smith Testimony. 2. The subject property is zoned Rural Residential Resource One Dwelling Unit Per Five Acres (RRR 1/5). Single family residential development is permitted outright in the RRR 1/5 zoning district. PRRDs are allowed in the RRR 1/5 subject to the regulations outlined in TCC 20.30A. Exhibit 1, Staff Report; Smith Testimony. 3. The surrounding land uses include single family residences to the north; duplexes, single family residences on large lots, and small scale farms to the east; single family residences on large lots and small scale farms to the south; and single family residences and rural lands to the west. Exhibit 1, Staff Report. The proposed use will be generally consistent with the historical use pattern of the area. Smith Testimony. The property fronts 36 th Avenue (Adams Road) to the south. All access to the development will be off 36 th Avenue. Exhibit 3, Revised Site Plan 4. Pursuant to the State Environmental Policy Act Thurston County was designated lead agency for review of environmental impacts resulting from the proposed PRRD. A Mitigated Determination of Nonsignificance (MDNS) was issued for this project on January 20, 2000 which became final on February 3, 2000. The MDNS included conditions of addressing schools, drainage and erosion control, traffic, wetland mitigation, and forest practices. Exhibit 1, Attachment f. No appeals of the MDNS were filed. Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 4

5. The PRRD design criteria require a set aside of a resource use parcel of land of at least 60 percent of the area of the proposed development. The resource use parcel of the proposed development, Tract A, is 96.66 acres, is 60.5 percent of the subject property. The resource use parcel will contain a sphagum moss bog wetland, a second wetland, and the wetland buffers. There will be no development on the resource use parcel. Exhibit 1, Staff Report; Exhibit 3, Revised Site Plan. 6. Four tracts, Tracts B, C, D, E, have been identified on the site plan as open space/community areas. Tract B in the southeast corner of the site (5.26 acres) will serve as a buffer of 36 th Avenue, adjacent properties and an off-site wetland. Tract C on the western border of the plat (3.337 acres) will contain a wetland and wetland buffer. Tract D (0.43 acres) will contain septic drainfields. Tract E in the southwest corner of the site (1.27 acres) will contain the stormwater drainage facility. Exhibit 1, Staff Report; Exhibit 3; Hatton Testimony; Smith Testimony. 7. The usual base density in the RRR 1/5 zoning district is one unit per five acres. However, the PRRD ordinance allows a density bonus (35% to 65%) based on the size of the resource parcel and the amount of open space provided. In calculating density bonuses any open space areas used for active recreation activities, buffers, and greenbelts, may be considered for determining the density bonus. The minimum allowed bonus is a 35 percent increase over the permitted density. TCC 20.30A.050. The County determined that Tracts B and C, open space tracts that are used for buffers, satisfy TCC 20.30A.050 and can be used for determining the density bonus. Tract A also qualifies because it is a resource parcel. The total land area of Tracts A, B, and C will be 105.3 acres, 66 percent of the subject property. Pursuant to TCC 20.30A.060, with a bonus density of 41 percent, the total number of lots permitted on the subject property is 45. 1 The resulting density will be one unit per 3.55 acres. Exhibit 1, Staff Report; Exhibit 3, Revised Plat Map. 8. TCC 20.30A.070(6) sets forth design criteria for the development of the residential lots within the plat. The County reviewed the design plans submitted by the Applicant and the lots as proposed satisfy the design criteria. Smith Testimony. 9. The proposed plat design clusters the lots in two areas along the west property line and in the eastern portion of the property. Separating the two clusters is Tract A, the resource parcel. The lot layout was dictated by the location of the wetlands and the location of soils within the site that are best suited for on-site septic systems. According to the County representative, the lot layout complies with the design criteria established in the Thurston County Code. Exhibit 1, Staff Report; Exhibit 3, Revised Site Plan. The average lot size is 46,000 square feet with the smallest lot will be 25,000 square feet. Exhibit 3, 1 159.7 acres / 5 dwelling units per acre = 31.94 dwelling units (traditional density) --- 31.94 dwelling units x 1.41 = 45 dwelling units (bonus density) Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 5

10. The subject property contains three wetlands, one of which is a large sphagnum moss bog in the middle of the property. Wetland #1, the bog wetland, will be surrounded by a 300 foot buffer, which will remain forested. Wetland #2, northeast of wetland # 1, will be surrounded by a 200 foot buffer. Wetland #3, a small wetland located west of the western access road, will be surrounded by a 50 foot buffer. Exhibit 3, Revised Site Plan; Exhibit 1, Attachment f; Pantier Testimony. The MDNS included conditions to protect and preserve the on-site wetlands, including a condition that requires monitoring of the wetland system for five years after the stormwater facilities and the new roads are installed. Exhibit 1, Attachment f. The design of the PRRD will prevent the encroachment of the building lots into the wetlands or wetland buffers. 11. Stormwater will be managed on-site. The Applicant submitted a preliminary drainage plan designed to Thurston County and Puget Sound standards. The Roads Development Review Services reviewed the plan and granted it preliminary approval. The Department concluded that, with one exception, the drainage facilities and erosion control measures as described in the drainage plan meet the intent of the Drainage Design and Erosion Control Manual. Exhibit 1, Staff Report; Exhibit 1, Attachment k; Exhibit 3; Payton Testimony; Hatton Testimony. The exception to this conclusion was that the outfall and spreader facility located east of Tract E may cause disturbance to a wetland buffer. To prevent this deficiency the outfall must be designed in a manner that will not impact the wetland. The design is subject to County review. Exhibit 1, Attachment k 12. Water service will be provided by eight Group B water systems to be located in Tracts A and B. Each system will have six service connections or less. Prior to final plat approval, the water supplies must be reviewed and approved by the County Environmental Health Division. Exhibit 3, Revised Site Plan; Exhibit 1, Attachment g; Smith Testimony. Residents in the area expressed concerns regarding the availability of water for the proposed lots, and, that the development of the new lots may adversely impact available potable water for existing residences and businesses. Exhibit 1, Attachments n, o, p, q, r, v. However no technical data was submitted to support these contentions. The County Health Services representative indicated that based on information reviewed by the County adequate water will be available to the lots of the proposed Plat and the existing residences in the area. Duval Testimony 13. Sanitary sewer will be provided by on-site septic systems. Exhibit 3, Revised Site Plan. Areas with suitable soils have been found for the sewage systems, and, reserve areas for each proposed lot are available. Some alternative systems (including easements on other properties) may be required due to limited soil depths 2. The septic systems will provide adequate vertical separation. There are reserve lots are provided in case of septic system failure. Exhibit 1, Attachment g; Hatton Testimony; Duvall Testimony; Exhibit 1, Staff Report. 2 Because some of the areas for septic systems and reserve drainfields are not located on the property easements will be necessary. Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 6

14. Testimony was received from public witnesses about the potential for contamination from the proposed septic systems. Specific issues were raised that the soils may not be able to adequately handle the septic system and that a community system, rather than the designed system, may be more appropriate. Concern was also voiced about whether the septic systems will use the resource parcel. Exhibit 1, Attachments n, o, p, q, r, s, t v; Exhibit 8; Ruppert Testimony; Kelley Testimony. The County representative responded that the soils information provided by the Applicant indicates that the site can utilize individual septic systems. Soils tests have been completed and the soils have been determined to be the type that can support the proposed septic system. Although some systems may be located on lots other than the one being served pumps and other equipment can be used to provide for a workable system. No part of the septic system will be in the resource parcel. Duval Testimony. 15. Access to the subject property is off 36 th Avenue Northwest, a designated rural collector roadway on the Thurston County Arterial and Collector Road Map. No lot will have direct access off 36 th Avenue Northwest. Internal access will be off two cul-de-sacs developed to serve the proposed lots. Each of the cul-de-sacs will exceed the permitted maximum length standard of 600 feet (TCC 18.40.030). Exhibit 3, Revised Site Plan; Exhibit 1, Attachment h. 16. The Applicant requested that two dead end cul-de-sacs in excess of the 600 foot limit be permitted. The two roads, one in each portion of the Plat, would be approximately 2,300 and 2,500 feet long. Exhibit 1, Staff Report. Each would have minimum width standards and standard size cul-de-sacs at the north end which would allow for emergency vehicle access and turnaround. The roads would also have turnaround bulbs in approximately the midpoint of the road lengths. Exhibit 1, Staff Report; Exhibit 3, Revised Site Plan. 17. Originally the proposed plat was designed with an internal road looping through the project and crossing the stream in the northern portion of the property. In response to environmental concerns, the Applicant redesigned the project to eliminate the stream crossing and proposed to terminate the roadways in cul-de-sacs. Exhibit 1, Staff Report. 18. The natural features of the subject property, including the steep slopes, the wetland system and the limited land area that can be developed, support the variance for extensions of the length of the cul-de-sacs. The large wetland system in the central portion of the site effectively bisects the property and physically prohibits the development of a connected road system for the plat. Further, the widths of the developable areas are too narrow to allow curves for a looped road system in each section of development. If such a system were designed the resulting curves would not meet design standards. Exhibit 1, Staff Report; Exhibit 3, Revised Site Plan. Access points to 36 th Avenue are restricted to one every 300 feet of frontage because of sight distance limitations, and a looped system could not be developed to eliminate the cul-de-sac and satisfy this road standard. Clemente Testimony. Because of these limitations the development of the internal road system is not practical. The Thurston County Roads Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 7

Development Review Services reviewed the variance request and recommended approval. Exhibit 1, Attachment i; Clemente Testimony. 19. In a memo dated January 24, 2000, Fire Marshal Thomas C. Miller 3 expressed concern about the access for emergency response vehicles. He submitted that it would be difficult to turn emergency response vehicles at the north end of the cul-de-sac roads and that if the roads could become congested with many vehicles responding to an emergency. Due to these concerns, Mr. Miller requested that the variance be denied and the western road be extended to Sunset Beach Drive and the eastern road be tied to Biscay Street. Exhibit 1, Attachment m; Exhibit 1, Staff Report. Subsequent to the hearing the Hearing Examiner requested clarification from the County as to the official position of the County with regard to the cul-de-sac. Mr. Smith, on behalf of the Development Services Department, recommended approval of the variance. Exhibit 16. 20. The County representative stated that it is impossible to extend the west road within the plat to Sunset Beach Drive because of the steep slopes that extend to Sunset Beach Drive. There could be a connection to the eastern access road in the plat to a private road on an adjacent property to the east and for a limited purpose of an emergency access. However, the representative recommended that as a condition of approval the Applicant be required to stub the roads to both the east and west property lines. Exhibit 1, Staff Report; Smith Testimony. The Applicant s representative requested some use of discretion with the stub roads because of the physical restraints on both sides of the development. Pantier Testimony. While it may be possible to stub the road to the west of the property boundary for possible future road connection the likelihood of this road being developed as a connector is minimal. Several duplexes on the adjacent property to the east are accessed by a private road, extending off Biscay Street, which terminates close to the subject property. This road could provide the connection to the link from the subject property. The road connection to the east road would most likely be between Lots 27 and 28. Exhibit 1, Staff Report; Smith Testimony. 21. In response to the proposed subdivision, many residents in the area expressed concern that the stormwater system will be inadequate and the stormwater analysis inadequately considered the wetlands and intermittent streams. The testimony included requests that the water quality and habitat function of the streams and wetlands be retained. Exhibit 1, Attachments n, o, p, q, r, v; Exhibits 7 11; Cabbage Testimony; Peck Testimony; Healy Testimony; Sterns Testimony. Public testimony was also received about the potential for adverse impact to the Green Cove Basin to which Lots 23-26 drain. Cabbage Testimony; Exhibit 1, Attachment q. According to the drainage analysis prepared for the Applicant the drainage from the site to the Green Cove Basin will decrease from the current drainage flows because the impervious surface of Lots 23-26 will be captured and directed away from Green Cove Basin. The stormwater from Lots 22 25 will be 3 Mr. Miller emphasized in his letter that he was acting in capacity of a representative of the Development Services Department and not as a member of the fire Marshall s office. Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 8

directed to the wetland to the east of the subject property. The stormwater from Lots 27 32 and Lots 19 21 will be collected into the central system. Hatton Testimony. 22. At the public hearing, testimony was received about buffering adjacent properties. Miller Testimony. The Applicant s representative responded that there will be a buffer along 36 th Avenue Northwest and there are no plans to cut trees along 36 th Street Northwest. Pantier Testimony. 23. Testimony was submitted which expressed concern that chemicals used by future residents that could adversely impact the wetlands. Hoglund Testimony. In response the Applicant submitted that an Integrated Pest Management Plan has been developed for the future lot owners. The manual provides information so property owners can make choices regarding landscape design and maintenance practices which will minimize the impacts of chemicals, pesticides and fertilizers on ground and surface water resources. The manual was reviewed and with minor revisions determined to be acceptable by Thurston County s Natural Resource Specialist. Exhibit 1, Attachment g. 24. The subject property is located within the Olympia School District. The District submitted that the elementary school and the high school that will serve the proposed PRRD are over permanent capacity and that the middle school is near capacity. Children will be bussed to and from school district sites. Exhibit 1, Staff Report. The Applicant s representative testified that the Applicant will mitigate adverse impacts to the school district. Hatton Testimony. 25. The Roads Development Review Services reviewed traffic impacts from the proposed PRRD and the City of Olympia identified adverse impacts to its road system. Based on the traffic impacts to be generated by the proposed lots of the PPRD, the County required that the Applicant make a proportionate share contribution to planned upgrades to two roadways within the City of Olympia (Cooper Point/14 th Avenue Intersection Improvements and Harrison Avenue/Mud Bay Road Widening). The proportionate share contribution for the Cooper Point/14 th Avenue Intersection Improvement project will be $12,519 and the proportionate share contribution to the Harrison Avenue/Mud Bay Road Widening is $77,599. Exhibit 1, Staff Report; Exhibit 1, Attachment j. The Applicant agreed to pay traffic mitigation fees. Hatton Testimony. Testimony was received expressing concern about the impact the increased traffic would have on the road system. Exhibit 8. 26. Notice of the public hearing was given in accordance with applicable ordinances. Exhibit 1, Attachment a; Exhibit 1, Staff Report. CONCLUSIONS Jurisdiction The Hearing Examiner is granted jurisdiction to hear and decide applications for preliminary plats. This authority is set forth in RCW Chapter 36.70.970 and TCC 18.12.050. TCC Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 9

18.12.1309 requires the Hearing Examiner render a decision on the record within ten (10) working days of the close of the hearing. The decision must be consistent with the general and specific criteria for review as set forth in Chapter 18.04 and Chapter 18.12 of the Thurston County Code. Criteria for Review Standards for Preliminary Plats To be approved by the Hearing Examiner, the criteria for review as set forth in Thurston County Code 18.12.090 must be satisfied. The criteria include: a. Appropriate provisions are made for the public health, safety, other public way, 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 b. The public use and interest will be served by the platting of such subdivision and dedication. Pursuant 18.12.170, the Hearing Examiner shall consider proposed subdivision and variances simultaneously at a public hearing and If the Hearing Examiner finds unusual hardship or extraordinary difficulties, the minimum requirements of this chapter may be modified to mitigate the hardship; provided, that the public use and interest is protected, the granting of the variance will not confer a special privilege to subject property that is denied other lands in the same district, the development is in keeping with the general spirit and intent of these regulations, the variance would not have the effect of nullifying the intent and purpose of the Zoning Ordinance, the comprehensive plan, or this title, and the extraordinary conditions do not result from the actions of the applicant. Conclusions for the Preliminary Plat and PRRD: 1. The Applicant requested a Preliminary Plat and PPRD to subdivide a 159.7 acre parcel located on the north side of 36 th Avenue Northwest, approximately one half mile west of Biscay Street Northwest, Thurston County, Washington, into 45 single-family residential lots. The Plat will include a 96.66 acre resource use parcel and four open space/community area tracts. The Applicant also requested a variance from TCC 18.40.030 to develop as part of the Plat road system two cul-de-sac dead-end roads that exceed 600 feet. Finding of Fact No. 1. 2. Appropriate provisions will be made for public health, safety and general welfare. The public interest will be served by the provision of 45 residential units on 159.7 acres of land. The lots of the PPRD will be clustered to protect the wetlands on-site Finding of Fact No. 9, and to ensure no impacts to the wetlands. Finding of Fact No. 21. The public health is served with adequate utilities being available. Findings of Fact No. 12 & 13. Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 10

3. Open space will be provided on the subject property. A 96.66 acre resource parcel containing two wetlands and seasonal streams will be established. Finding of Fact No. 5 Four additional tracts will be provided that will protect the other wetland, contain the stormwater management facility and provide open space/community areas. Finding of Fact No. 6. 4. Stormwater will be managed on-site. As conditioned, the stormwater management system will be required to be consistent with County standards and comply with the conditions of the MDNS (Exhibit 1, Attachment f) and the Roads and Transportation Services memorandum (Exhibit 1, Attachment k). Finding of Fact No. 9. 5. The wetlands on-site will be protected and will be surrounded by buffers. Findings of Fact No. 11 & 21. The Applicant will monitor wetlands 1 and 2 for five years to ensure they are not adversely impacted by the roads and stormwater system. Finding of Fact No. 10. As conditioned, future residents must comply with the Integrated Pest Management Plan. Findings of Fact No. 23. 6. Water will be provided by on-site Group B water systems. Sanitary sewer service will be provided by on-site septic systems. As conditioned, the water and septic systems will comply with County public health standards. Finding of Fact No. 12 & 13. 7. Two access roads will provide direct access to the proposed lots. With the exception of the length, for which a variance will be granted, the roads will be constructed in compliance with County road standards. Findings of Fact No. 16 & 18. To offer the best possible emergency response, the roads will be stubbed to the where the Applicant will attempt to connect the eastern stub to an existing private road. Finding of Fact No. 20 Traffic impacts have been identified and mitigation fees will be paid to the City of Olympia. Findings of Fact No. 25. 8. The subject property is within the Olympia School District. Adverse impacts to the District have been identified and mitigation will be required. Prior to final plat approval, mitigation must be negotiated with the City of Olympia and an agreement must be reached. The students will be bussed to and from school sites. Findings of Fact No. 24. Conclusions for the variance: 9. The variance to allow the roads to exceed the 600 foot long dead end restriction is granted because the unusual hardship of a large wetland system that bisects the subject property and thereby prevents the development of a looped road system. Further the physical features of the site prevent a western access connection to Sunset Beach Drive because of the steep slopes between Sunset Beach Drive and the PPRD s internal road. However the Applicant will be required to provide stub roads to the eastern property lines. 10. The variance will serve the public use and interest because it will prevent intrusion into the wetland system and buffer; thereby reducing adverse impact to a critical area. The Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 11

variance will not nullify the intent and purpose of adopted ordinances or policies. Other than the length of the dead-end, the roads will be designed consistent with County road standards, and the variance allows for the development of a road in compliance with the critical area regulations. 11. The variance will allow for residential development, which is consistent with the general spirit and intent of the subdivision ordinance and the residential zoning districts. It will not confer a special privilege because the extensive wetland system creates an unusual hardship. DECISION Based upon the preceding Findings and Conclusions, the proposed Preliminary Plat and Planned Rural Residential Development is APPROVED and the variance from TCC 18.40.030 is GRANTED, subject to the conditions: A. Prior to final plat approval, all requirements of the September 30, 1999 Thurston County Environmental Health Department comment letter and the December 12, 1996, June 21, 1999, July 22, 1999, and January 24, 2000 Thurston County Roads and Transportation Service's comment memoranda shall be met. B. Comply with all conditions from the Mitigated Determination of NonSignificance dated January 20, 2000. C. Street addresses for each lot shall be shown on the final plat. D. The final design of this subdivision shall conform with all minimum standards of the Zoning Ordinance (i.e. density, lot size, lot dimension, setbacks, etc.) and the Platting and Subdivision Ordinance. Based on the current design and size of Resource Use parcels and optional open space the maximum number of dwelling units is 44. E. The developer of this subdivision shall mitigate identified impacts to the Olympia School District s school facilities. The terms of any mitigation agreement shall be noted on the final plat map. F. The following notes shall be shown on the final plat map: 1. This subdivision has been approved through provisions of the Planned Rural Residential Development (PRRD) ordinance (TCC 20.30A). Tract A of this subdivision is the resource use parcel required by the PRRD ordinance. Tract A is approved for critical area preservation and passive recreational use. The restrictions on use of Tract A shall remain in place and cannot be changed until the property is annexed into a town or city. G. Road stubs shall be provided, at points practical to allow for future extension, to both the west and east property lines. The applicant shall make every effort to acquire a road Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 12

connection for at least an emergency access to the existing private road on adjacent property to the east, located in the vicinity of Lots 27 and 28. H. The homeowners shall maintain the on-site stormwater system. The CCR s that shall be established must require such maintenance. I. Due to the sensitivity of the wetlands on-site, particularly the sphagum moss bog, all future residents shall abide by the recommendations and suggestions in the Integrated Pest Management Plan. The CCR s shall require the homeowners make landscape design and maintenance decisions which will be consistent with the Integrated Pest Management Plan. The use of pesticides and herbicides is prohibited. J. The building envelope on each lot shall not be cleared of vegetation until a building permit has been issued for the lot. K. This decision shall be included with the CCR s provided to each property owner. Decided this 20th day of April, 2000. James M. Driscoll Hearing Examiner for Thurston County Property owners affected by this decision may request a change in valuation for property tax purposes from the Thurston County Assessor. TCC 20.60.020(3)(j) J:\DEV_SVCS\ZONING.LU\DECISION\PLATS\961411-2.doc Intercontinental Investments, Inc. PLAT/PRRD/VARI 961411 Page 13