Hearing Examiner

TUMWATER HEARING EXAMINER PUBLIC HEARING MINUTES OFVIRTUAL MEETING June 22,2022 Page 1 CONVENE: 7:00p.m. CASE NUMBER: Three Lakes Crossing Preliminary Plat and Preliminary Planned Unit Development (TUM-21-1885 andTUM-22-0036) DESCRIPTION OF The Applicant isrequesting preliminary plat and planned unit PROPOSAL: development (PUD) tosubdivide 9.68acres into 45single-family lots, three open space andtree tracts, onestorm/open space/active/passive recreation/tree retention tract, oneactive recreation tract, two private share access tracts andawetland buffer tract located at6609, 6715 and anunaddressed parcel onHenderson Blvd, Tumwater, WA98501. PROJECT NAME: Three Lakes Crossing Preliminary Plat & Planned Unit Development APPLICANT: Evan Mann Copper Ridge, LLC POBox 73790 Puyallup, WA 98373 PROJECT Sheri Greene, AHBL PROPONENT/ 2215 N.30th Street #300 REPRESENTATIVE: Tacoma, WA 98403 PUBLIC HEARING: Hearing Examiner Andrew Reeves with Sound Law Center convened thepublic hearing at7:00p.m. toconsider theApplicant request for preliminary platandPUD tosubdivide 9.68acres into 45single-family lots, three open space and tree tracts, one storm/open space/active/passive recreation/tree retention tract, one active recreation tract, two private share access tracts andawetland buffer tract. Examiner Reeves reported thepurpose ofthehearing istocollect evidence intheform ofexhibits and testimony todetermine whether ordinances, Critical Areas Ordinances, andthespecific requirements forapproval of a PUD and preliminary plat under Tumwater Municipal Code (TMC). Because theproposal includes the subdivision ofland, itmust also comply with theState Subdivision Act inChapter 58.17oftheRevised Code ofWashington (RCW). Examiner Reeves reported that prior tothepublic hearing hereceived andreviewed the following 18exhibits: Exhibit 1:Staff Report Exhibit 2:Plat Map TUMWATER HEARING EXAMINER PUBLIC HEARING MINUTES OFVIRTUAL MEETING June 22,2022 Page 2 Exhibit 3:Vicinity Map Exhibit 4:MDNS w/attachments Exhibit 5:Public Hearing Notice Exhibit 6:Applications & Narrative Exhibit 7:Notice ofApplication Exhibit 8:Zoning Map Exhibit 9:Public Notice Certification Exhibit 10: Notice ofApplication Comments Exhibit 11: Concurrency Ruling Exhibit 12: SEPA Comments Exhibit 13: Forestry Plan Exhibit 14: Critical Areas Report Exhibit 15: Gopher Report Exhibit 16: Traffic Impact Analysis and Traffic Queuing Report Exhibit 17: DAHP Cultural Resource Study Acceptance Letter Exhibit 18: Geotech Report Examiner Reeves reported alltestimony will beunder oath or affirmation because should thedecision should beappealed, theaudio recording ofthehearing, admitted exhibits, and thedecision would serve asthe foundation for anappeal. The order oftestimony begins with theCity ofTumwater providing anoverview oftheproposal and any recommendations, testimony bythe Applicant topresent any additional information, testimony from the public, and closing arguments bytheCity ofTumwater andtheApplicant. CITY TESTIMONY: Examiner Reeves administered theoath toAlex Baruch, Associate Planner, City ofTumwater. Planner Baruch reported therequest istosubdivide 9.68acres into 45 single-family lots through thepreliminary plat andPUD process with associated infrastructure, stormwater, open space, and wetland protection. Theproperty islocated 6609 Henderson Boulevard SE. The property iszoned Single-Family Low Density Residential (SFL) andSingle-Family Medium (SFM) Density Public notice fortheapplication reflecting that theapplication was submitted anddeemed complete was mailed toproperty owners within 300 feetofthesubject property, affected agencies, posted on-site, and published inTheOlympian newspaper onJanuary 18, 2022. The City ofTumwater Community Development Department reviewed aSEPA Environmental Checklist and other information submitted bythe applicant and issued aMitigated Determination ofNon-significance MDNS) onMay 13, 2022. Public notification of the Hearing TUMWATER HEARING EXAMINER PUBLIC HEARING MINUTES OFVIRTUAL MEETING June 22,2022 Page 3 Examiner public hearing was mailed toproperty owners located within 300 feet ofthe subject property andvarious agencies, posted on-site, and published inThe Olympian newspaper on June 9, 2022, in conformance withTMC 14.06. Thesite includes two homes, abusiness, and associated outbuildings, ismostly flat, andslopes upinelevation towards anorthwest property. The site isvegetated with trees and shrubs and includes awetland buffer located onthesouthern portion ofthe property. Existing structures will bedemolished during theproject inpreparation for construction ofsingle family homes ontheproperty. Surrounding properties arezoned Single Family Low density, Single Family Medium Density, Multifamily Medium Density, and Neighborhood Commercial. Proposed improvements include frontage improvements onHenderson Boulevard SE, grading forpublic roads th andlot pads, and construction oftheHenderson Boulevard and 68 Avenue SEintersection. th The proposal includes continuation of68 Avenue through the subdivision toconnect with Tumwater Boulevard plat improvements tocomplete aconnection from Henderson Boulevard toTumwater Boulevard. Water andsewer willbeprovided bytheCity ofTumwater, electricity and natural gas byPuget Sound Energy, telephone and cable by Comcast andCenturyLink, andgarbage collection byPacific Disposal. All utilities onthesite will beunderground pursuant tothe TMC 17.12.200. Staff reviewed theapplication materials and provided findings inthe Staff Report. The project isconsistent with Tumwater Comprehensive Plan, Parks, Recreation andOpen Space Plan, andtheTransportation Plan, aswell astheThurston Regional Trails Plan and Sustainable Development Plan forThurston Region. During the notice of application process, surrounding properties owners provided comments with similar concerns about increased traffic, increased development inthearea, and environmental protection. The project was reviewed bytheCity ofTumwater Transportation Manager, who provided aconcurrency ruling fortheproject and deemed impacts from theproject tobemitigated andthat theproposal conforms to Impacts from the development aremitigated bythe Applicant bycompleting frontage TUMWATER HEARING EXAMINER PUBLIC HEARING MINUTES OFVIRTUAL MEETING June 22,2022 Page 4 improvements and off-site improvements toinclude anintersection th upgrade atHenderson Boulevard and 68 Avenue SE. Vehicle trips aredistributed north orsouth onHenderson Boulevard and west on Tumwater Boulevard. Athrough connection toTumwater Boulevard willbeavailable after thepublic road isconstructed. Various studies provided bytheApplicant included environmental elements ofthesite. The studies either verified nofurther action or documented mitigation requirements. Comments from theSquaxin Island Tribe and theNisqually Indian Tribe included requests fora Cultural Resource Survey. The survey was completed and an Inadvertent Discovery Plan was recommended forcompletion. The City ofTumwater Community Development Department reviewed aSEPA Environmental Checklist andother information submitted by the Applicant and issued aMitigated Determination ofNon- significance (MDNS) onMay 9,2022. The MDNS includes the proposed traffic mitigation. Noappeals oftheMDNS were filed. Environmental review included aTree Replacement Plan dated on March 24, 2002 identifying 368 existing trees which only 10are proposed forretention, which islessthan the12trees peracre required in TMC Chapter 16.08. The Applicant isunable toretain thetrees located outside thewetland buffer andopen space tracts because of infrastructure improvement requirements. TheApplicant proposes to plant trees ata3:1 ratio or 210 new trees planted ontheproperty to meet therequirements ofTMC Chapter 16.08. ACritical Areas Report confirmed theoffsite wetland asaCategory 3 wetland requiring a150-foot buffer. The wetland buffer isnot proposed tobeimpacted bythe development. The geographic area oftheproperty reflects that itcontains soils preferred bytheMazama pocket gopher, alisted protected species. A pocket gopher report dated September 28, 2021 concludes nogopher mounds were observed onthesubject property. ACultural Resources Assessment dated April 15, 2022 recommended compliance with the Standard Inadvertent Discovery Plan. The Department ofArcheology andHistoric Preservation concurs with the recommendation. Comments received forthe MDNS conveyed concerns for traffic safety onHenderson Boulevard andalack ofdata inthe transportation TUMWATER HEARING EXAMINER PUBLIC HEARING MINUTES OFVIRTUAL MEETING June 22,2022 Page 5 impact analysis. Staff responded tocommunity members that the traffic study documents mitigated safety concerns requirements outlined intheCity ofTumwater Development Guide. Single family detached units areanallowed useinthecurrent zoning for theproperty. TheSingle Family Low Density zoning district requires aminimum density offour dwelling units per acre and a maximum density ofseven dwelling units peracre with thetransfer of development rights from Thurston County. Single Family Medium Density requires aminimum ofsixdwelling units per acre anda maximum ofnine dwelling units per acre with atransfer of development rights from Thurston County. The Applicant is proposing sixdwelling units per acre based ontheproperty zoned Single Family Low Density andeight dwelling units peracre based on theproperty zoned Single Family Medium Density. Minimum lotsize forthezoning districts is3,200square feet. The minimum lotwidth is 50feet except foralley loaded lots, which reduces thelotwidth to40 feet. Maximum building height is35feet; front setbacks are 10feet with setbacks offive feet forside yards andrear yard setbacks of 20 feet. The minimum open space requirements fortheplatis10%ofthe total land area. The proposed homes must tomeet design guidelines forsingle family homes atthetime ofbuilding permit issuance. An aquifer protection overlay district isapplicable totheproperty, which restrict hazardous uses toprotect aquifer recharge areas. Residential subdivisions arenotarestricted land useintheaquifer protection overlay. APUD application was submitted toseekrelief from theminimum lot width requirement of50feet. The intent ofthe PUD overlay isto encourage efficient use ofland where adjustments tosome development regulations are allowed. Twenty-sixofthe 45proposed lotsare proposed tohave lessthan the prescriptive requirement of50 feetandnone arelessthanthe 40-foot inwidth. TMC 18.36allows PUDs tobeexempt from certain minimum zoning regulations with theexception ofdensity, perimeter setbacks, and allowed uses. Staff finds thattheproject meets PUD requirements. The preliminary plat, asconditioned, conforms tothesubdivision regulations, comprehensive plan, zoning ordinance, wetland ordinance, fish and wildlife habitat protection ordinance, tree protection ordinance, and toplanning standards, development standards, specifications and policies oftheCity ofTumwater. TUMWATER HEARING EXAMINER PUBLIC HEARING MINUTES OFVIRTUAL MEETING June 22,2022 Page 6 Adequate provisions have been made forpublic health, safety, and general welfare forsuch open spaces, drainage ways, streets, sanitary waste, parks and recreation, schools, sidewalks, and, that thepublic useandinterest willbeserved bythesubdivision oftheproperty. Staff recommends approval ofthepreliminary plat and PUD as described with theconditions listed intheStaff Report. Examiner Reeves asked whether theexhibits track with the required regulations forhisreview prior tothepublic hearing. Planner Baruch affirmed theexhibits comprise thetotal documents necessary forthe Examiner Reeves asked forclarification ofthelocation ofthesplit in thezoning districts ontheproperty. Planner Baruch advised that the zoning districts are splitalong themiddle oftheproperty with theeast section oftheproperty zoned Single Family Medium Density and Single Family Low Density on theother side oftheproperty. He offered toconfirm thelocation ofeach zoning district. Examiner Reeves said there appears tobeathird smaller area ofland located onthemap. Heasked forconfirmation that onlytwo parcels areincluded intheproposal. Planner Baruch advised that theproperty isactually comprised ofthree parcels with asmaller triangular section zoned Single Family Medium near Henderson Boulevard. Examiner Reeves identified the properties asthree parcels with one parcel located totheeast adjacent toHenderson Boulevard zoned Single Family Medium Density and thesecond parcel located tothe west zoned Single Family Low Density. Interms ofthe density, he requested verification that theproposal includes notransfer of development rights. Planner Baruch confirme conclusion. Inresponse toseveral other clarifying questions astothesize ofthe property, Planner Baruch affirmed thetotal acreage oftheproposal is 9.6 acres. Additionally, nodevelopment isproposed within the100- foot wetland buffer inaddition tonorequests forother reductions. Examiner Reeves asked whether theApplicant isseeking thePUD specifically toreduce lotwidths. Planner Baruch affirmed therequest pertains only tolotwidths. TUMWATER HEARING EXAMINER PUBLIC HEARING MINUTES OFVIRTUAL MEETING June 22,2022 Page 7 Examiner Reeves asked whether the Comprehensive Plan orthe Zoning Code have been amended inanyway since theapplication was deemed complete that would impact theproposal. Planner Baruch replied thatnochanges have occurred that would affect theproposal. APPLICANT Examiner Reeves administered the oath toEvan Mann with Copper TESTIMONY: Ridge, LLC. Mr. Mann reported heworks for Sound Built Homes. Copper Ridge, LLC isthe Applicant. Mr.Mann acknowledged thecomprehensive work completed bystaff toprepare theproposal forreview. Mr.Mann said aplatisrequired tohave allbasic utilities available that meet applicable codes. The property issplit zoned with density consistent with each zone, respectively. The proposal adds no additional density. The PUD isanticipated toenable thebuilder to utilize aspecific product type onanarrower lot. Sewer andwater will beprovided bytheCity ofTumwater with thedevelopment providing extensions andloops through the plat forbothservices. Anexisting developed plat located tothe west will connect thedevelopment to Henderson Boulevard. As part oftheproject, theApplicant will onHenderson Boulevard. The Applicant isworking with the City to receive compensation forupsizing thewater main asallowed bystate law. Current code requires an has increased thewater main toa difference between the two sizes. The estimate hasbeen submitted to neers areworking ontheissue. Agravity sewer system willserve thedevelopment. Thestorm system isalso agravity system with infiltration toatract located atthe southern endoftheproperty near thewetland buffer. No impacts are proposed tothe wetland buffer andan infiltration trench will be installed. Stormwater and groundwater analyses were completed to ensure infiltration rates support aninfiltration trench inthat area. Telephone, cable, and refuse collection will beprovided bythe standard providers with thestreetlights owned bytheCity of Tumwater. Since theApplicant was unable toretain the required number oftrees, atreereplacement plan was developed identifying theplanting of210 TUMWATER HEARING EXAMINER PUBLIC HEARING MINUTES OFVIRTUAL MEETING June 22,2022 Page 8 trees. Apreliminary landscape plan was submitted. The planincludes planting oftrees inrear and front yards ofeach home lot,which exceeds City standards. The proposal anticipates allstudents residing inthehomes would be bused toschools. The Applicant will work with theschool district to sitebusstop locations. Nowalk routes are included inthe proposal since allstudents will bebused. Frontage improvements along Henderson Boulevard would also satisfy therequirement forsafe walking conditions. Sidewalks throughout theplat connect to Henderson Boulevard forbuspickups. Mr.Mann reported thesitewas vetted thoroughly forthepresence of property multiple times toverify anypresence ofgophers, aswell as thepresence ofanyoak trees. Aside from the buffer onthesouthern end oftheproperty, noother environmental factors were identified other than retaining thebuffer toprotect thewetland. Examiner Reeves said hedidnot recall receiving apreliminary stormwater report, asitappears areport may have been prepared. He did review asoils report. As pertestimony, heunderstands that stormwater will becollected androuted tothesouth and infiltrated with thepossibility ofproviding some hydrological recharge tothe wetland. Mr.Mann referred toadiagram intheplan setofutilities and storm system pipes. Effectively, aswater infiltrates itwould overflow asrecharge tothewetland. Examiner Reeves administered theoath toScott Kaul. Mr.Kaul reported heisaCivil Engineer with AHBL and serves asthe engineer fortheproject. He verified that allstormwater would infiltrate within thesouthern area oftheproperty. Most stormwater on thesitetoday infiltrates directly onsite and discharges tothewetland. The developed condition would mimic that process byrecharging to theground. Examiner Reeves asked forverification that the Applicant is complying with the most recent stormwater manual issued bytheCity that speaks toastrong preference for infiltration. Mr.Kaul affirmed interpretation. Examiner Reeves asked Mr.Mann whether hehadanopportunity to review theStaff Report andhasanyconcerns orwants anopportunity TUMWATER HEARING EXAMINER PUBLIC HEARING MINUTES OFVIRTUAL MEETING June 22,2022 Page 9 toreview anyoftherecommended conditions for approval. Mr.Mann responded that theApplicant supports therecommended conditions of approval asoutlined intheStaff Report. Examiner Reeves acknowledged theattendance ofSage Hamilton and Kurt Wilson. Neither individual offered public testimony. Examiner Reeves advised that based ontheinformation andhis review, heintends toissue adecision approving theproposal fora Preliminary Plat and PUD with theconditions recommended byCity ofTumwater staff. Hisintent istoissue adecision within the next 10 business days. Hethanked everyone for attending. ADJOURNMENT: With there being nofurther business, Examiner Reeves adjourned thepublic hearing at7:33p.m. Prepared byValerie L.Gow, President Puget Sound Meeting Services, psmsoly@earthlink. net