Hearing Examiner

City Hall City of Olympia 601 4th Avenue E Olympia, WA 98501 Contact Steve Friddle Meeting Minutes 360.753.8591 Hearing Examiner Monday, October 14, 2013 6:30 PM Room 207 1. ROLL CALL Present: 1 - Mark C. Scheibmeir 2. PUBLIC HEARING This is a final decision of the City of Olympia. In general, any appeal of a final land use decision must be filed in court within twenty-one days. See Revised Code of Washington, Chapter 36.70, for more information relating to timeliness of any appeal and filing service and other legal requirements applicable to such appeal. In particular, see RCW 36.70C.040. For more information regarding this decision, please contact Steve Friddle at the City of Olympia, Community Planning and Development Department, at 601 4th Avenue E or at PO Box 1967, Olympia, WA 98507-1967, by phone at 360-753-8591, or by e-mail at sfriddle@ci.olympia.wa.us. 2.A 13-1037 PUBLIC HEARING - Case: Woodbury Crossing Replat, 13-0094 SUMMARY OF REQUEST 1. Replatting of Woodbury Crossing Phase I to convert Lots 67 and 74 to zero lot detached single-family units (instead of two-unit townhouses). 2. Increase the width of Lot 74 from 35.55 feet to 40 feet and decrease the width of Lot 73 by 4.445 feet to 30.99 feet. 3. Relocate all shared wall lines on Lots 67 through 74 to reflect the correct location of constructed townhouses. 4. Convert future Phase II Lots 122 and 123 from single-family detached units to an attached single-family unit (i.e, a two-unit townhouse). PROJECT LOCATION The "Woodbury Crossing" Development is located south of the 4500 Block of Mud Bay Road and west of Kaiser Road. Lots 67 through 74 are located along the south side of Greenwood Drive S.W. where it intersects with Cherrywood Drive S.W.; Lots 122 and 123 are located at the northwest intersection of Rosewood Drive S,W. and City of Olympia Page 1 Hearing Examiner Meeting Minutes October 14, 2013 4th Way S.W. BACKGROUND Lennar Northwest, Inc. ("Lennar"), the current owner of the Woodbury Crossing Development, requests the replatting of Phase I to accommodate an error in the location of three recently constructed two-unit townhouses. These three townhouses were constructed one lot over from their intended location. This results in two "orphan" lots, Lots 67 and74, that are now incapable of being developed as townhouse sites. Lennar asks to convert these two end lots into "zero lot attached single-family units" so that they can be put to use. As part of this proposal Lot 74 must be widened by 4.45 feet to achieve the minimum lot width of 40 feet - the minimum width required for a detached single-family residence . Lot 73 would be reduced in width by a like amount. In return for being allowed to convert Lots 67 and 74 into zero lot detached single-family units, the Applicant would convert two existing zero lot detached single -family units located in Phase II (Lots 122 and 123) into a two-unit townhouse. To state all of this slightly differently, Lots 67 and 74 would be converted from townhouse lots to single home lots and in return Lots 122 and 123 in Phase II would be converted from single home lots to a townhouse lot, with the net result being the same number of single home lots and townhouse lots as required under the current Master Plan. Separately, Phase I needs to be replatted to reflect the true locations of the shared wall lines between the three constructed two-unit townhouses on Lots 68-73. Woodbury Crossing has a long and somewhat complicated history . The concept for the development was first introduced in 2004 when the site was within Thurston County jurisdiction. As the application progressed City staff began to assume responsibility for its review. County approval for the development was given in 2006. In 2007 the site was annexed into the City. In 2009 the City Council approved the Woodbury Crossing Master Plan, and Phase I was approved at the same time. In 2012 the Master Plan was amended to allow for three phases instead of the original two. Along the way ownership of the development has changed hands several times. The current request arises from an embarrassing mistake by the developer's field survey team. Phase I requires the construction of four two-unit townhouses on Lots 67 through 74 along the south side of Greenwood Drive S.W. near its intersection with Kaiser Road S,W. The field surveyors mislocated the first of these townhouses by one lot. Three townhouses have been constructed on Lots 68 through 73, leaving vacant the end lots, 67 and74. As individual lots they are incapable of being used for two-unit townhouses, and they are not allowed to be used as single home lots unless the Phase I plat is amended. And, Lot 74 remains unusable as a single home lot unless it is widened by 4.45 feet to meet the minimum width requirement of 40 feet. The City of Olympia Page 2 Hearing Examiner Meeting Minutes October 14, 2013 developer understands that if it is to be allowed two additional single home lots in Phase I it must convert two single home lots into a townhouse unit somewhere else in the development. The developer therefore proposes to convert Lots 122 and 123, both single home lots in Phase II and located at the northwest corner of Rosewood Drive and 4th Way S.W., into a two-unit townhouse (Phase II has not yet received preliminary plat approval nor has it been recorded). PUBLIC HEARING The public hearing on this request commenced at 6:30 p.m. on October 14, 2013, in the Planning Hearing Room in the City Hall. The City appeared through Steve Friddle, Senior Planner. Lennar appeared through its Planner, Chris Ferko, of Barghausen Consulting Engineers. Inc. Testimony was received from the City through Mr. Friddle. Testimony from the Applicant was received from Mr. Ferko. A verbatim recording was made of the public hearing and all testimony was taken under oath. No new exhibits were introduced during the hearing. Mr. Friddle provided a brief history of the project as a whole and of the specific current request. Mr. Friddle noted that the requested amendments arise from a fielding error and are not intended to gain a special benefit or otherwise alter the requirements of the approved Master Plan. Mr. Friddle also noted that, if approved, the amendments will allow for the same number of single home lots and townhouse units as originally required in the Master Plan, but in somewhat different locations. Mr. Friddle added that if Lot 74 is to be converted to a single home lot it must be widened 4.45 feet to meet minimum lot widths for single home lots. The required footage will be carved out of the adjoining Lot 73. This will not impair the setback or lot width requirements of Lot 73. Mr. Friddle concluded his presentation by confirming that the City staff recommends approval of the recommended changes to Phase I subject to the conditions set forth in the Staff Report. Chris Ferko, the Applicant's Planner, then spoke on behalf of Lennar. Mr. Ferko explained that the requested modification arises out of an error in the field surveying leading to the improper location of the constructed townhouses. Mr. Ferko stated that the request was not motivated by any desire to switch the location of single homes and townhouses and, in fact, this error will result in greater expenses and smaller revenues than if the townhouses had been correctly located. Mr. Ferko confirmed that the Applicant has no objection to the conditions recommended by City Staff for approval. Following Mr. Ferko's presentation the hearing was opened for public comment. There were approximately ten members of the public present, all of whom were opposed to the request. Those giving testimony were.Jane and lra Feuer, 548 Cherrywood Drive S.W.; Ronald Bernard, 531 Beachwood Court S.W.; Karla Heinitz, 528 Cherrywood Drive S.W.; and Sarah and Jeff Pearson, 532 Cherrywood Drive S.W. Although each of these individuals offered a slightly different perspective their testimony followed a consistent theme. Each of these individuals resides in "Woodbury Estates" City of Olympia Page 3 Hearing Examiner Meeting Minutes October 14, 2013 (sometimes referred to "Kaiser Estates"). Woodbury Estates is adjacent to Woodbury Crossing and is just a few lots north of the townhouse Lots 67-74 that are the subject of this application. Each of the witnesses considers the Woodbury Estates Development to be one and the same as Woodbury Crossing. In fact, the two developments not only share a similar name but also share a common homeowner's association and are both currently owned by Lennar. All of these witnesses were very surprised to learn that their development is not actually part of the Woodbury Crossing Master plan as , again, their neighborhood is indistinguishable from the surrounding Woodbury Crossing Development and shares common management. Woodbury Estates was designed and approved as a County project , not a City project. It is laid out on larger lots and with higher quality residences. The witnesses who reside there are proud of their neighborhood and wish to protect it from lesser quality construction and from adjoining residences with potentially lessened pride of ownership. The witnesses express frustration over the many changes in ownership of these developments, and of the unkept promises of the developers. They explained that at the time they purchased their residences a high standard of quality was promised to be maintained throughout the neighborhood and that multi-family dwellings would generally be kept to the west side of the development. They feel that the residences recently constructed by Lennar do not live up to the promises of earlier developers and that the value of their homes is at risk. These witnesses also note that the field surveying errors were realized early during construction and could have easily been resolved. They fear that if the plat amendments are approved the resulting two new single homes will be out of character with the adjoining townhouses; will be unattractive; and will be difficult to site on such narrow lots. All of the witnesses concurred that, given that the problem is a self-inflicted one, the developer should instead be required to convert Lots 67 and 74 into additional open space. They note that Lot 67 could be used to expand the existing greenbelt located immediately across the street on the north side of Greenwood Drive S.W. It is easy to understand why these residents of Woodbury Estates regard their development to be the same as Woodbury Crossing, and why any changes to Woodbury Crossing would be considered a threat to their neighborhood and their property values. After careful consideration of all of their concerns, however, I am not persuaded by their suggestion that Lots 67 and 74 should be converted into additional open space. Although I agree that the surveying error is a self-inflicted problem, I do not believe that it should result in the lost use of these two lots especially when their conversion to single home lots can be easily balanced by the like conversion of single home Lots 122 and 123 into a townhouse. I also do not agree with the neighbors' City of Olympia Page 4 Hearing Examiner Meeting Minutes October 14, 2013 belief that construction of single homes on Lots 67 and74 will be out of character with nearby properties or injurious to property values. Single homes and townhouses frequently adjoin each other in this development without any disruption to the development's scheme. To summarize, although the surveying error causing this request was a surprising one, it was also an innocent error and was not intended to benefit the developer. The error has a simple and straightforward remedy: the conversion of the two end lots into single home lots and the offsetting conversion of single Lots 122 and 123 into a townhouse unit. In this manner the requirements - and goals - of the Woodbury Master Plan remain fulfilled. Accordingly, I make the following: FINDINGS OF FACT 1. Any Findings of Fact contained in the foregoing Background section are incorporated herein by reference and adopted by the Hearing Examiner as his Findings of Fact. 2. The Applicant, Lennar Northwest, Inc., requests a replat of Woodbury Crossing Phase I recorded Plat Map to: (a) convert Phase I Lots 67 and 74 to zero lot detached single-family lots (from their existing status as two-unit townhouse lots), (2) increase the width of Lot 74 from 35.55 feet to 40 feet, and decrease Lot 73 by the same amount to a width of 30.99 feet, (c) relocate the shared wall lines on Lots 67-74 to reflect the true locations of the constructed townhouse units on Lots 69-73, and (d) convert future Phase II Lots 122 and 123 from single-family detached lots to attached single-family lots (a two-unit townhouse). 3. Pursuant to the State Environmental Policy Act, a Mitigated Determination of Non-Significance (MDNS) was issued on November 25,2005, as a component of original project review for Woodbury Crossing. Further environmental review is not required for this proposed amendment. 4. Notification of public hearing was mailed to the parties of record, property owners within 300 feet, and recognized neighborhood associations, posted on the site and published in The Olympian in conformance with Olympia Municipal Code 18.78.020. 5. The Staff Report, Pages 2 and 3,provide a history of the Woodbury Crossing Master Plan Development and of the circumstances that led to the requested modification. The Hearing Examiner has reviewed those Findings and adopts them by reference. 6. The lots affected by the proposed modifications are currently held in one ownership, however, if one or more affected lots are sold the final plat map must City of Olympia Page 5 Hearing Examiner Meeting Minutes October 14, 2013 include signatures of all property owners within the plat whose lot boundaries are altered or affected by the replat. A title report or plat certificate, showing the names of all persons with a real or possessory interest in the plat whose lot boundaries would be affected by the replat and any restrictions encumbering the land, shall be submitted with the final plat map. 7. The proposed replat does not involve or require the relocation, removal or reconstruction of existing plat improvements or open space. 8. If the replat is approved the Applicant will need to meet the conditions imposed by the Hearing Examiner prior to submittal of final approval to the City Council, and then recording with the Thurston County Auditor's Office. 9. The proposed amendments do not alter any streets or parts of streets. 10. The requested amendments will ensure compliance with the unit mix contained in the approved Master Plan and will meet all setback requirements of OMC 18.05.080, Table 5.05, Residential Development Standards. 11. The Woodbury Crossing Master Plan requires a specific mix of housing types (triples, duplex, attached townhomes and zero lot line and standard lots) as set forth in the Tables included in Attachments 4 and 5 of the Master Plan. There are to be 221 zero lot line detached single-family units and 18 attached single-family townhome units. The proposed amendments will not alter the total number of zero lot line units or attached single-family townhome units, that is, if the amendments are approved there will continue to be 221 zero lot line detached single-family units and 18 attached single-family townhome units. 12. Attached townhomes as originally proposed for Lots 67 and74 can no longer be constructed due to a surveying error. The Applicant's proposal to convert these two end lots to zero lot line detached single-family units, and to convert to similar units in Phase II (Lots 122 and 123) into an attached single-family townhome unit, is consistent with the Master Plan residential unit count. 13. The requested replat proposal will require several revisions to notations in the Woodbury Crossing Master Plan, including attached sheets as set forth more fully at Page 5 of the Staff Report. 14. The proposed modifications are consistent with the development standards for Neighborhood Villages Zoning, OMC 18.05, and will meet all minimum lot sizes as required. 15. The proposed modifications are consistent with the standards for Master Plan Development, MPD Chapter 18.57, and with Ordinance 6299 (OMC 18.05.140). 16. City Staff recommends approval of the proposed amendments subject to the following conditions: City of Olympia Page 6 Hearing Examiner Meeting Minutes October 14, 2013 A. If one or more lots are sold, the final plat map shall include signatures of all property owners with the plat whose lot boundaries would be altered or affected by the replat. A title report of plat certificate, showing the names of all persons with a real or possessory interest in the plat whose lot boundaries would be affected by the replat and any restrictions encumbering the land , shall be submitted with the Final plat map. B. The Applicant shall submit an amended final plat map Sheet 11 of 13 for City Council action that: · Converts Phase I Lots 67 and 74 to zero lot detached single-family (from existing two-unit townhouse); by increasing Lot 74 width from 35.55 feet to 40 feet and decreasing Lot 73 width by 4.45 feet to 30.99 feet; · Relocates shared wall lines on Lots 67-74 to reflect their correct locations; and · Revises the "Note" narration at the bottom of the sheet accordingly. C. The Applicant shall submit an amended final plat map Sheet 4 of 11 for City Council action that amends the notes and Restriction #11 to accurately reflect the amendments on Sheet 11 of 13. D. Future Phase II Lots 122 and 123 shall be designated, platted and constructed consistent with this Decision as Single-Family Townhouse attached. 17. The Applicant does not object to the City's proposed conditions of approval. Based upon the foregoing Findings of Fact, the Hearing Examiner makes the following: CONCLUSIONS OF LAW 1. The Hearing Examiner has jurisdiction over the parties and the subject matter. 2. The requirements of SEPA have been met. 3. Any Conclusions of Law contained in the foregoing Background Section or foregoing Findings of Fact are hereby incorporated by reference and adopted by the Hearing Examiner as Conclusions of Law. 4. The proposed replat must comply with OMC 17.16; OMC 17.28; OMC 18.05; OMC 18.05.140 (Ordinance No. 6655); OMC 18.57; and OMC 18.82. 5. The Hearing Examiner has review authority of preliminary plats and replats, and master plan development. The City Council has review authority of final replat modification once all conditions imposed by the Hearing Examiner have been met. City of Olympia Page 7 Hearing Examiner Meeting Minutes October 14, 2013 6. The proposed replat, as conditioned, satisfies the requirements of OMC 17.28. 7. The proposed replat, as conditioned, satisfies the requirements of OMC 17.16. 8. The proposed replat, as conditioned, satisfies the requirements of the Olympia Unified Development Code and Ordinance No. 6655. 9. The proposed replat, as conditioned, satisfies the requirements of OMC Chapter 18.05. 10. The proposed replat, as conditioned, satisfies the requirements of Master Plan Development, MPD Chapter 18.57. 11. The requirements of OMC I 8.60 have been satisfied, The Site Plan Review Committee has issued its recommendations to the Hearing Examiner as required and has provided its responses and recommendations as contained in the Staff Report. 12. The requested replat should be approved subject to the conditions recommended by City Staff. DECISION Having entered his Findings of Fact and Conclusions of Law, the Hearing Examiner hereby approves the replat of Woodbury Crossing Phase I recorded Plat Map to : (a) convert Phase I Lots 67 and74 to zero lot detached single-family lots (from their existing status as two-unit townhouse lots), (2) increase the width of Lot 74 from 35.55 feet to 40 feet, and decrease Lot 73 by the same amount to a width of 30.99 feet, (c) relocate the shared wall lines on Lots 67-74 to reflect the true locations of the constructed townhouse units on Lots 69-73, and (d) convert future Phase II Lots 122 and 123 from single-family detached lots to attached single-family lots (a two-unit townhouse). SUBJECT TO the following conditions: A. If one or more lots are sold, the final plat map shall include signatures of all property owners with the plat whose lot boundaries would be altered or affected by the replat. A title report of plat certificate, showing the names of all persons with a real or possessory interest in the plat whose lot boundaries would be affected by the replat and any restrictions encumbering the land , shall be submitted with the Final plat map. B. The Applicant shall submit an amended final plat map Sheet 11 of 13 for City Council action that: · Converts Phase I Lots 67 and 74 to zero lot detached single-family (from existing two-unit townhouse); by increasing Lot 74 width from 35.55 feet to 40 feet and City of Olympia Page 8 Hearing Examiner Meeting Minutes October 14, 2013 · decreasing Lot 73 width by 4.45 feet to 30.99 feet; · Relocates shared wall lines on Lots 67-74 to reflect their correct locations; and · Revises the "Note" narration at the bottom of the sheet accordingly. C. The Applicant shall submit an amended final plat map Sheet 4 of 11 for City Council action that amends the notes and Restriction #11 to accurately reflect the amendments on Sheet 11 of 13. D. Future Phase II Lots 122 and 123 shall be designated, platted and constructed consistent with this Decision as Single-Family Townhouse attached. RECOMMENDATION TO CITY COUNCIL The Hearing Examiner further recommends to the City Council that, upon the Applicant's compliance with all conditions of approval, that the City Council approve final replat modification. The proposed replat is approved subject to the conditions recommended by City staff. The Hearing Examiner further recommends to the City Council that it also approve the requested replat subject to the same conditions. 3. ADJOURNMENT The meeting was adjourned. City of Olympia Page 9