BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

COUNTY COMMISSIONERS Cathy Wolfe District One Diane Oberquell District Two Robert N. Macleod District Three HEARING EXAMINER BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY In the Matter of the Application of ) No. 2006101779 (Rochester Meadows) ) Mark Lundberg, ) FINDINGS, CONCLUSIONS Carlton Development Group ) AND DECISION ) For a Preliminary Plat. ) SUMMARY OF DECISION The request for a preliminary plat to subdivide 5.38 acres of land into 16 lots, including six single-family residential lots and ten duplex lots (26 dwelling units total), is GRANTED, subject to conditions. SUMMARY OF RECORD Request: Mark Lundberg of Carlton Development Group (Applicant) requested a preliminary plat to subdivide 5.38 acres of land into 16 lots, including six single-family residential lots and ten duplex lots. A total of 26 dwelling units would be developed on the site. The subject property is located at 6333 and 6403 198 th Avenue SW in Rochester, Washington, and is identified as Tax Parcel Nos. 51300100200, 51300100300, and 51300100400. Hearing Date: An open record hearing on the application was held before the Deputy Hearing Examiner for Thurston County on December 4, 2006. The Hearing Examiner left the record open until December 5, 2006 for receipt of additional information on frontage improvements. Testimony: At the open record hearing the following individuals presented testimony under oath: Robert Smith, Associate Planner, Development Services Department Mark Lundberg, Applicant Robert Patrick, Patrick, Harron & Associates 2000 Lakeridge Drive SW, Olympia, Washington 98502 (360) 786-5490/FAX (360) 754-2939

Exhibits: At the open record hearing the following exhibits were admitted as part of the official record: EXHIBIT 1 Development Services Planning & Environmental Section Report including the following attachments: Attachment a Attachment b Notice of Public Hearing Zoning/Site Map Attachment c Preliminary Plat Application, dated May 1, 2006 Attachment d Narrative Summary, undated Attachment e Preliminary Plat Map Set, received August 15, 2006 Attachment f Mitigated Determination of NonSignificance, issued October 24, 2006 Attachment g Attachment h Attachment i Attachment j November 17, 2006 Comment Memorandum from Arthur Saint, Roads & Transportation Services Department October 13, 2006 Comment Letter from Laura Welk, Environmental Health Department June 26, 2006 Will Serve Letter from Mark Petrie, Water and Waste Management Department June 19, 2006 from the Rochester School District EXHIBIT 2 Color Photo of Public Notice Posting EXHIBIT 3 Memo from Arthur Saint, December 4, 2006 Based upon the testimony and evidence admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested a preliminary plat to subdivide 5.38 acres of land into 16 lots, including six single-family residential lots and ten duplex lots. A total of 26 dwelling units would be developed on the site. The subject property is located at 6333 and 6403 198 th Avenue SW in Rochester, Washington, and is identified as Tax Parcel Nos. 51300100200, 51300100300, and 51300100400. Exhibit 1, Staff Report, page 1; Exhibit 1, Attachments c, d, and e. Rochester Meadows Plat, No. 2006101779 Page 2

2. The subject property is located within the Ground Mound Urban Growth Area of Thurston County and is zoned Residential Three to Six Dwelling Units Per Acre (R 3-6). Single-family and two-family dwellings are allowed in the R 3-6 zone. The density of the proposed development would be 4.8 dwelling units per acre. Exhibit 1, Staff Report, pages 2-3; Exhibit 1, Attachments b and e; TCC 20.15.020. 3. The lot area standards applicable to development within the R 3-6 zone depend on whether the development would be served by a public sewer system or by on-site septic systems. The Thurston County Ground Mound Utility would provide water and sewer service to the proposed plat. Per TCC 20.15.060, the minimum lot area for single-family residential lots on public sewer is 5,000 square feet. No different minimum lot area is specified for duplex lots. Each of the proposed lots would be more than 5,000 square feet in area. The average lot area would be 8,992 square feet. Exhibit 1, Staff Report, page 3; Exhibit 1, Attachments e & i; TCC 20.15.060. 4. The minimum lot width in the R 3-6 zone is 75 feet for interior lots and 100 feet for corner lots. Each of the proposed lots would meet or exceed the minimum lot width standard. Exhibit 1, Attachment e; TCC 20.15.060. 5. Access to the plat would be from 198 th Avenue SW via a new public road system (Streets A, B, and C) constructed in accordance with Thurston County Road Standards, including paved travel lanes, curbs and gutters, and sidewalks. Lots 13, 14, 15, and 16 would take access from a 20-foot-wide private alley. Frontage improvements would be constructed along the subject property s 198 th Avenue SW and Sargent Road SW street frontages. These improvements would include pavement widening and installation of curbs, gutters, and sidewalks. The Applicant would mitigate the traffic impacts of the development by paying traffic mitigation fees of $18,825.00 to Thurston County and $14,300.00 to the Washington State Department of Transportation as required by the Mitigated Determination of Nonsignificance (MDNS) issued for the proposal. The traffic mitigation requirement of the MDNS was based on the County s review of a Level 1 Traffic Impact Analysis. Exhibit 1, Attachments e, f, and g; Exhibit 3; Testimony of Mr. Patrick. 6. The subject property is traversed by a 125-foot-wide Bonneville Power Administration powerline easement. The Applicant proposes to designate the portions of the property encumbered by the easement as open space tracts (Tracts A, B, and C). The open space would total approximately 30,000 square feet. The Thurston County Code does not have an open space requirement that is applicable to the proposed development. Exhibit 1, Attachment e; Testimony of Mr. Smith. 7. The subject property is located within the Rochester School District. In a letter dated June 19, 2006, the School District requested mitigation fees in the amount of $2,180.00 per single-family dwelling unit and $942.00 per multi-family dwelling unit. The MDNS issued for the proposal requires the Applicant to negotiate a mitigation agreement with the School District prior to final plat approval, and Rochester Meadows Plat, No. 2006101779 Page 3

comply with the terms of the mitigation agreement prior to building permit issuance. Exhibit 1, Attachments f and j. 8. School children from the development would be bussed to school. County staff recommended that the Applicant work with the School District to designate a school bus stop waiting area. Compliance with the condition would not require additional road improvements. Testimony of Mr. Smith; Exhibit 1, Staff Report, page 9. 9. Stormwater from the roadways would be treated and infiltrated in roadside biofiltration swales. The Roads and Transportation Services Department reviewed the Applicant s preliminary drainage and erosion control plan and recommended conditional approval. The conditions identified by the Roads and Transportation Services Department were incorporated into the recommended conditions of preliminary plat approval. Exhibit 1, Staff Report, pages 3, 5-8; Exhibit 1, Attachment 10. The subject property is located within a Category I Aquifer Recharge Area. Testimony of Mr. Smith. The Thurston County Environmental Health Department reviewed the preliminary plat and in a memorandum dated October 13, 2006 (Exhibit 1, Attachment h), determined that the proposal would not impact ground or surface waters, based on the following factors: (1) the sewer main and stormwater ditches would be greater than 130 feet from the closest neighboring well; (2) the project would be connected to public utilities, and the existing well and septic systems on site would be decommissioned prior to final plat approval; and (3) an Integrated Pest Management Plan (IPMP) was developed for the project. The Environmental Health Department recommended conditional approval of the project. The conditions identified by the Environmental Health Department were incorporated into the recommended conditions of preliminary plat approval. Exhibit 1, Attachment h; Exhibit 1, Staff Report, page 8. 11. Pursuant to the State Environmental Policy Act, Thurston County acted as lead agency for review of environmental impacts caused by the proposal. The County issued a MDNS on October 24, 2006. The MDNS contains two conditions addressing school and traffic mitigation. The MDNS was not appealed. Exhibit 1, Attachment f; Testimony of Mr. Smith. 12. Notice of the open record hearing was mailed to property owners within 300 feet of the site and published in The Olympian on November 24, 2006, and posted on site on November 21, 2006. Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment a; Exhibit 2. There was no public comment on the application. Testimony of Mr. Smith. Rochester Meadows Plat, No. 2006101779 Page 4

CONCLUSIONS Jurisdiction: The Hearing Examiner is granted jurisdiction to hear and decide preliminary plat applications pursuant to TCC 2.06.010 and TCC 18.10.030. Criteria for Review: The Hearing Examiner may approve an application for a preliminary plat if the following criteria set forth TCC 18.12.090 are satisfied: 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 planning 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. Conclusions Based on Findings: 1. With conditions of approval, the proposal satisfies the criteria for a preliminary plat. A. Appropriate provisions would be made for the public health, safety, general welfare and all other relevant facts. As long as the existing wells and septic systems are decommissioned as recommended by the Environmental Health Department, and public water and sewer are extended to each of the lots, the project would not pose any health concerns. The required road improvements and traffic mitigation would appropriately provide for public safety both on and off the development site. Approximately 30,000 square feet of open space would be provided. Storm drainage would be treated and infiltrated within roadside swales. The Ground Mound Utility would provide water and sewer service to each of the lots. School mitigation would be paid to the Rochester School District. Sidewalks would be provided within the development and along the street frontages. A school bus waiting area would be provided on site. Findings Nos. 3-11. B. The public use and interest would be served by the creation of 16 residential lots that comply with R 3-6 development standards. There was no public comment on the application. Findings Nos. 1-4 and 12. DECISION Based upon the preceding Findings and Conclusions, the request for a preliminary plat to subdivide 5.38 acres of land into 16 lots, including six single-family residential lots and ten duplex lots (26 dwelling units total), is GRANTED, subject to the following conditions: Rochester Meadows Plat, No. 2006101779 Page 5

A. Prior to final plat approval, the following Roads and Transportation Department related conditions shall be met: 1. The proposed roadway in concept and design shall conform to the 1999 Thurston County Road Standards. 2. Pursuant to Title 18.24 Thurston County Code the developer shall execute an agreement and provide a financial security to assure 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 stormwater facilities. These are addressed either by separate county ordinance or in the case of the water and sewer utilities by the utility purveyor. 3. The stormwater management system shall conform to the 1994 Thurston County Drainage Design & Erosion Control Manual and Title 15.05 Thurston County Code. a. For this project this also includes a two-year operation & maintenance agreement and financial security that shall be executed prior to final approval. b. Prior to final approval a maintenance agreement found in Appendix K of the Drainage Design & Erosion Control Manual must be prepared for this project and recorded. c. A Property Owners' Association shall be formed. The document creating the Property Owners' Association shall at a minimum make provision for the following: (1) Members of the Property Owners' Association shall be responsible for maintenance of storm drainage facilities as described in Maintenance Plan (See Section 3.3), (2) Inclusion by reference of the maintenance manual prepared by the Project Engineer in accordance with Section 3.3 and (3) Power to assess fees to maintain storm drainage facilities and sanctions in the event that jurisdiction takes action to maintain facilities. Refer to Appendix E, Section E.2 of the Drainage Design & Erosion Control Manual for sample language. 4. Proposed utility work within the Thurston County Right of Way shall conform to the 1999 Thurston County Road Standards and Chapter 13.56 Thurston County Code. These standards do not address specific city design requirements but rather items such as restoration of the County right of way and traffic control. a. Placement of utilities within the County right of way will require a Franchise Agreement with Thurston County pursuant to Title 13.56 Rochester Meadows Plat, No. 2006101779 Page 6

TCC. This agreement shall be executed with Thurston County prior to final approval. b. Please note all utilities placed parallel to and within the pavement structure are required to rebuild a minimum of half the road, to include grinding and replacement of a minimum of 0.20 of asphalt concrete pavement. 5. 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. 6. The proposed grading or site work shall conform to Appendix J of the International Building, Title 14.37 of the Thurston County Code and 1994 Drainage Design & Erosion Control Manual. 7. Permanent survey control need to be placed to establish all public street centerlines, intersections, angle points, curves, subdivision boundaries and other points of control. 8. This approval does not relieve the Permitee from compliance with all other local, state and/or federal approvals, permits, and/or laws necessary to conduct the development activity for which this permit is issued. Any additional permits and/or approvals shall be the responsibility of the Permitee. 9. The final plat map shall note or delineate the following: a. "ATTENTION": Thurston County has no responsibility to build, improve, maintain or otherwise service the private road or driveway within or providing access to property described in this plat. The building, maintenance, repair, improvement, operation or servicing of the stormwater facilities outside the county rights of way are the responsibility of the property owner(s). b. Increased storm water runoff from the road(s), building, driveway and parking areas shall be retained on site and shall not be directed to roadway ditches adjacent to198 th Avenue. c. If seasonal drainage crosses subject property, no filling or disruption of the natural flow shall be permitted. d. Delineate the access restrictions by showing a "no access" strip, written and hatched, between the County approved access points along the frontage of 198 th Avenue on the final plat map. Rochester Meadows Plat, No. 2006101779 Page 7

e. If private roads are proposed then provision is made for the roads and easements to be open at all times for emergency and public service vehicle use f. Storage requirements for runoff from buildings and parking surfaces shall be shown on individual building lots, including drywell sizing or storm drain connection points. g. Maintenance of the required landscaping within the public right of way is the sole responsibility of the (property owners) or (homeowners association) within this subdivision. Thurston County has not responsibility to maintain or service the said landscaping. h. The owner and/or Homeowners Association shall be responsible to operate and maintain the streetlights. i. This plat is subject to stormwater maintenance agreement recorded under auditor s file no.. j. Please clearly delineate and label all public and private roads. 1.0 PRIOR to construction a complete set of construction drawings and the final drainage and erosion control report shall be submitted to Thurston County for review and acceptance. 11. PRIOR to construction a pre-construction conference shall be scheduled with county staff. 12. Payment of the off-site traffic mitigation required in the 10/24/06 Mitigated Determination of Non-significance is required prior to final approval in accordance with Section 2.13 of the Thurston County Road Standards. Timing of such payments to the other jurisdictions may be altered upon agreement with respective jurisdiction and Thurston County 13. Illumination shall be provided at the intersection of the project with 198th Ave SW. 14. The construction of frontage improvements may require overlaying the pavement or reconstruction to the centerline of the roadway. 15. Frontage improvements shall be constructed on 198th Avenue SW and Sargent Road SW. These improvements shall include roadway widening, curb and gutter and sidewalk and the associated drainage facilities. B. Prior to final plat approval the following Health Code related conditions shall be met: Rochester Meadows Plat, No. 2006101779 Page 8

1. Prior to final plat approval Grand Mound water and sewer utilities must be extended to and through this subdivision. Written confirmation of final water and sewer extension approval from Thurston County Water & Waste Management must be provided. 2. An Integrated Pest Management Plan (IPMP) has been developed for this project and is approved for the subdivision. 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 Environmental Health prior to final plat approval. 3. The existing well located on the subject property and the existing well located on the neighboring property that is connected to a structure on the subject property, must be decommissioned by a licensed well driller per Washington State Department of Ecology standards. A copy of the well driller s decommissioning report must be provided to Environmental Health prior to final plat approval. 4. All three existing 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 is required from Environmental Health for each sewage system and all abandonment records must be provided prior to final plat approval. C. All conditions of the Mitigated Determination of NonSignificance shall be met. D. Street addresses shall be shown on the final map. E. The final design of this subdivision 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 F. Prior to final plat approval an agreement with the Rochester School District that provides mitigation for the project s impacts to school facilities shall be submitted. If this agreement requires payment of mitigation fees or other actions after the final plat is recorded then such agreement shall be referenced to on the final plat map. G. Prior to final plat approval, the Applicant shall meet with Tumwater School District personnel to locate an acceptable bus waiting area, make any minor improvements needed for the bus waiting area, and show the bus waiting area on the final plat map. This condition shall not be interpreted as requiring the Applicant to dedicate additional right-of-way or construct additional road improvements for said bus waiting area. H. The use of all tracts shall be noted on the final plat map. All tracts shall be assigned a Tract designation (A, B, C, etc.). The open space tracts shall be dedicated to the Property Owners Association on the final plat map. Rochester Meadows Plat, No. 2006101779 Page 9

I. The following notes shall be shown on the final plat map: 1. This subdivision has been approved through provisions of the Residential Three to Six Zoning District (TCC 20.15). J. All development on the site shall be in substantial compliance with the approved plat. Any alteration of the site plan will require approval of a new or amended plat. The Planning & Environmental Section will determine if any proposed amendment is substantial enough to require Hearing Examiner approval. NOTE: Pursuant to TCC 23.72.040(C)(10), affected property owners may request a change in valuation for property tax purposes. Decided this 19 th day of December 2006. LeAnna C. Toweill Hearing Examiner of Thurston County \\Tcbldg1d\VOL1\apps\track\Planning\Amanda Save File\Preliminary Plat ZJ\Decisions\2006101779.decision.rochester meadows.doc Rochester Meadows Plat, No. 2006101779 Page 10