THURSTON COUNTY COMMUNITY PLANNING & ECONOMIC DEVELOPMENT ...€¦ · & ECONOMIC DEVELOPMENT ... (R 4-8) within the Olympia Urban Growth Area. A Class 4 Forest Land Conversion Permit

COUNTY COMMISSIONERS

John Hutchings District One Gary Edwards District Two Tye Menser District Three

COMMUNITY PLANNING & ECONOMIC DEVELOPMENT Creating Solutions for Our Future Joshua Cummings

Director

2000 Lakeridge Drive SW, Olympia, Washington 98502 (360) 786-5490/FAX (360) 754-2939

THURSTON COUNTY COMMUNITY PLANNING & ECONOMIC DEVELOPMENT STAFF REPORT

HEARING EXAMINER HEARING

Project No.: 2012102745, Preliminary Plat of Hewitt Lake Heights and Shoreline Substantial Development Permit

Applicant: C&H Real Estate Investors LLC

Request: Approval of a Preliminary Plat to subdivide 12.37 acres of land into 38 lots (20 townhomes and 18 conventional detached units). Additionally, a Shoreline Substantial Development Permit is requested for several portions of the project within the 200-foot Shoreline Management Act jurisdiction of Hewitt Lake (Rural Shoreline Designation).

General Information

A. Applicant / Owner.: C&H Real Estate Investors LLC PO Box 24214 Federal Way WA 98093 Ph. 253 835-4500.

B. Point of Contact: Hatton Godat Pantier Attn: Jeff Pantier 3910 Martin Way E, Ste B Olympia WA 98506 Ph. 360 357-6299

C. Location: 1910 53rd Ave SE, Olympia, WA 98501

D. Legal Description: Section 36 Township 18 Range 2W Quarter SW SE BLA10119863TC TR A Document 4186747 & BLA10119863TC TR B Document 4186747; Known as Tax Parcel Numbers 12836430100 & 12836430101

E. Land Area: 12.37 acres total

12836430101 = 0.48 acres and 12836430100 = 11.89 acres

2012102745 Hewitt Lake Heights

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Project Description A subdivision on 12.37 acres of land into 38 lots (townhomes and conventional detached units) is proposed. There will be 20 townhome units and 18 conventional single family lots. Open space, critical areas and community area set aside for preservation is approximately 5.5 acres which represents 44% of the total site. An open space tract of 2.42 acres will be preserved in its existing treed and vegetated state. The lots will access from the existing Cheri Estates Dr SE via two new public streets. The site will be served by City of Olympia water and sewer services. The underlying zoning is Residential 4 – 8 dwelling units per acre (R 4-8) within the Olympia Urban Growth Area. A Class 4 Forest Land Conversion Permit is requested for timber harvest on approximately 8 acres with a volume of 100,000 MBF of timber proposed for removal. Additionally, a Shoreline Substantial Development Permit is requested for several portions of the project within the 200-foot Shoreline Management Act jurisdiction of Hewitt Lake (Rural Shoreline Designation). These proposed actions within 200-feet of Hewitt Lake are:

A picnic shelter and for the community use to be constructed at the location of an existing single-family residence. A “tot lot” is also proposed in addition to associated landscaping using primarily native vegetation.

A new alley and related storm water management that will provide for ingress, egress and emergency service access to serve the planned Hewitt Lake Heights community.

The installation of a Public sanitary sewer and water main to serve the Hewitt Lake Heights community and neighboring properties.

A portion of a storm water pond. Both of the existing parcels contain single family residences which will be removed. The location of the home on the smaller parcel located on the shoreline will become a picnic shelter for the Hewitt Lake Heights community. The City of Olympia requires parks mitigation. Proposed park amenities will mitigate (reduce) part of the parks mitigation fees. There are specifications for the park amenities listed in the project conditions section. The proposed housing density is at the lowest end of what is allowed, so the density is rather low compared with the maximum allowed. The maximum number of dwelling units would be approximately 76 units based on the applicant’s density calculations on the preliminary map while accounting for the area set aside for critical areas and shoreline areas. A residential density of four dwelling units per acre is proposed. The property is heavily wooded with mature conifers and a variety of understory vegetation. There is a kettle wetland near the center of the larger parcel. Most of the larger trees will be preserved in the open space tract, including the wetland and its buffer. The wetland and it’s associated 100 foot buffer are labeled as Tract A, with the remainder of the surrounding open spaced labeled as Tract D. The community use area near the lake is labeled as Tract B. Tract C is open space and landscaping, Tract E is a private access lane, Tract F is a private alley for the proposed townhouse units and Tract G is for storm drainage.


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ZONING MAP

The proposed 38 lots will be connected to City of Olympia sewer and water systems. Street lighting will be provided on the interior of the project per City of Olympia standards. Puget Sound Energy will serve the lots with electrical power and natural gas. Roads will be sited and designed to minimize the need for grading. Tract G on the preliminary plat map will contain storm drainage features. The drainage plans involve treating and infiltrating or dispersing stormwater runoff in accordance with Thurston County storm water standards (2009 DDECM). Roads will be constructed in accordance with City of Olympia roadway standards with curb and gutter to collect and channel stormwater to the new drainage facility. The map on the following page shows the extent of the mapped Rural Shoreline Jurisdiction per Geodata mapping and the Shoreline Master Program for the Thurston Region. The preliminary plat map shows a more accurate representation of the shoreline jurisdictional boundary which extends 200 feet from the ordinary high water mark of the lake.

Site

R 4-8 = 4 - 8 dwelling units per acre SFL = Single Fam. Low Density OS = Open Space Institutional


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The drainage facilities were designed to the 100-year design storm event, per Thurston County’s current Storm Water Manual design requirements. An Integrated Pest Management Plan has been prepared for the project as Attachment l. One well exists onsite, which will be abandoned per Environmental Health Department standards. A Level 1 Traffic Impact Analysis has also been done and is included as Attachment j with a site distance analysis at Attachment k. These reports have been reviewed and approved by Thurston County Environmental Health and Public Works respectively. Background The subject property is zoned Residential 4 - 8 (R 4-8) in the Olympia Urban Growth Area (UGA). The permitted residential density is at least four but not greater than eight residential units per acre. The Olympia-Thurston County Joint Comprehensive Plan designates the area for residential use at the above density. The site has historically been used for single family use with the majority of the property existing as native forest and open space. There are two existing homes on the site which will be removed. The property is heavily forested with mature conifers and native understory vegetation. The existing home of 1,200 square feet on the larger parcel was built in 1957 and the 1,976 square foot home on the smaller shoreline parcel was built in 1951. There have been complaints and complaint investigations for solid waste, junk vehicles and people living in RVs on the larger parcel. The solid waste complaint was closed. However, the compliance case related to junk vehicles and people living in RVs is still open. Staff is unsure of the status of these complaint investigations. The compliance officer in charge of these complaints is no longer with Thurston County. However, these issues will be addressed through development of the site, site clearing and clean up.

Shoreline Jurisdiction (Orange Area = Rural Shoreline)


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Notification A notice of application was sent to property owners within 300-feet informing them of the proposed project on Feb. 28, 2013 (Attachment h). Written notice of the public hearing was sent to all property owners within 300 feet of the site on June 26, 2020 and was published in The Olympian on July 3, 2020, at least ten (10) days prior to the hearing. Community Planning & Economic Development (CPED) Department Analysis A. Density and Permitted Uses (23.04 – Residential Districts)

The applicant proposes to subdivide 12.37 acres into 38 residential lots as depicted on the preliminary plat map (Attachment dd). In the Residential Four to Eight (R 4-8) zone residential development is permitted and the minimum density is four units per acre with a maximum density of eight dwelling units per acre. Density calculations are provided on the face of the preliminary plat. Excluding critical areas and shoreline area the site is left with a net area of 7.66 acres which would allow a minimum of 30 lots and the proposal is for a total of 38 lots which is towards the lower end of the allowed density spectrum. The proposed density of the subdivision complies with the density requirements of the R 4-8 zoning district. City of Olympia sewer and water utilities are to be extended into the subdivision to serve all lots. TCC 23.04.040 states that all single family residential uses are permitted in the R 4-8 Zoning District with the exception of apartments. The applicant proposes to construct single-family residences and townhomes on the resulting parcels.

B. Residential districts’ development standards. (TCC 23.04.080, Table 4.04).

1. The size and shape of lots for detached single-family shall be as follows,

provided they adhere to the density requirements:

A. Minimum lot area, 2,000 square feet with an average minimum of 3,000 square feet for townhomes and 4,000 square feet for other housing types including single family.

B. Minimum lot width is 45 feet for standard single family residential lots in the

R 4-8 zone;

C. Minimum front yard is twenty (20) feet, except ten (10) feet with side or rear parking and ten (10) feet for flag lots.

Staff Comments: At the time of building permit application, Thurston County staff will review the individual building permit application to ensure all setbacks and development standards are met. Per TCC 23.04.080(G), lot width must vary by six-foot increments to avoid monotonous development patterns. This does not apply to townhomes. As proposed, the project appears to meet this standard.

D. Minimum side yards:


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1. Five (5) feet, except ten (10) feet along flanking streets except garages shall be set back twenty (20) feet; and six (6) feet on one side of zero lots.

2. Minimum total both sides, ten feet; provided, a zero lot line concept may

be approved if the following standards are met:

a. The site is a part of a subdivision or a PRD where a zero lot line concept has been approved and the site has undergone or will undergo design review as part of the approval process.

Staff Comments: All lots proposing zero lot lines or townhomes will require Design Review pursuant to TCC Title 23, Chapter 23.50 – Design Review.

E. Minimum rear yard, twenty feet for standard lots.

Staff Comments: At the time of building permit application, Thurston County staff will review the individual building permit application to ensure all rear yard setbacks are met.

2. Development of Lots Not on Sewer. Per TCC 23.04.080 – Residential districts’

development standards, section E., areas without sewer must be developed in a manner that maintains long term potential to achieve minimum required densities and efficient provision of sewer once sewer becomes available.

Staff Comments: Not Applicable (N/A). The proposed subdivision will be connecting to the City of Olympia sewer and water utilities.

3. Other lot standards for all uses:

a. Maximum building area coverage per TCC 23.04.080 – Residential districts’

development standards and Table 4.04, fourty-five (45) percent for lots 0.25 acres or less and forty (40) percent for lots 0.26 acres or more.

b. Maximum impervious surface coverage is the same as max. building area

coverage, fourty-five (45) percent for lots 0.25 acres or less and forty (40) percent for lots 0.26 acres or more. The amount is 60% for townhouses.

c. Maximum height:

1. Two (2) stories or thirty-five (35) feet, whichever is less, except sixteen (16) feet for accessory buildings per Table 4.04.

Staff Comments: At the time of building permit application, Thurston County staff will review the individual permit application to ensure each individual lot complies with the building area coverage, development coverage, and building height requirements.

Townhouses: TCC 23.64 23.64.020 - Purpose.


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The purpose of this chapter is to:

A. Permit within residential and commercial districts the development of townhouses which may be sold as individual lots and residences;

B. Permit townhouse structures built to standards which are designed to include amenities usually associated with conventional single-family detached housing to ensure compatibility with the surrounding neighborhood;

C. Promote affordable housing, efficient use of land and energy, and the availability of a variety of housing types in different locations;

D. Promote infill development on physically suitable lands in residential areas, without adversely affecting adjacent development.

Staff comments: Staff believes that the majority of the above criteria are met by the proposed design. There is one question related to item D. with regards to “adversely affecting adjacent development”. There have been a number of comments with regards to the proposed townhome development with regard to density and impact to property values as well as aesthetics. However, based upon the design of the proposed townhomes (Attachment h2) they appear to fit into the general appearance of other homes in the vicinity other than the fact that they are duplex style townhomes which are rare in this specific area.

23.64.040 - Applications, review authority and use districts. A. Applications. For all townhouse developments, applications shall be submitted at

the time of application for preliminary plat approval, short plat approval, design review approval or approval under site plan review on forms provided by the county. Issuance of building and other permits shall be subject to conformance to the approved plans. In addition to submittal requirements for subdivision, design review and site plan review, applications shall contain the following information: 1. Building Plans. Typical front, rear and side elevations and exterior architectural

treatments of the proposed units; Staff comments: The application includes this information as part of the design review package (Attachment h2). 2. Site Plans. Location of buildings in relation to property and lot lines, off-street

parking areas, patio and service areas, including garbage disposal and recycling areas, landscaping, walls, fences, public and private streets, driveways, all common facilities, open space and walkways. In addition, lot size, percentage of ground coverage, and open space, shall be included as data on such plan. A topographic map shall also be submitted showing existing and proposed contours at two-foot intervals and which locates existing streams, lakes, marshes and other natural features. The requirement of the topographic map may be waived by the department if it deems it not to be necessary;

Staff comments: Sufficient information has been provided to meet these criteria. Staff does not believe a topographic map is necessary.


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3. Private Yard. Provision of a minimum of two hundred square feet of private, usable yard space for each townhouse dwelling unit. This may include decks and patios;

Staff comments: The project is conditioned to meet this requirement. 4. Screening. Fences exceeding height limits permitted for walls and fences in the

underlying zoning district may be authorized by the department or by the hearing examiner for townhouse plats where necessary to achieve privacy. Such screening must comply with emergency access provisions contained in the Uniform Building and Fire Codes;

Staff comments: The hearing examiner may condition the project as such if deemed necessary. 5. Solid Waste. Enclosed or screened solid waste storage and collection area; Staff comments: The project is conditioned to meet this criterion. 6. Each townhouse occupancy shall have recorded with the county auditor a

perpetually binding common party wall agreement as a covenant to each deed establishing the rights and obligations of each owner relative to the common party wall and foundation, and providing for easements for purposes of maintenance and fire protection. Such agreement shall include provisions for upkeep and maintenance of all common areas including landscape, stormwater facilities, utilities, play areas or other facilities.

Staff comments: This requirement will be addressed at final platting. The project is conditioned to meet this requirement.

B. Review Authority.

1. Four or Fewer Townhouses. The department may approve creation of four or fewer townhouse lots, subject to appeal provisions contained in Chapter 23.72.

2. Five or More Townhouses. The department, after conducting design review and site plan review, and hearing examiner may approve creation of five or more townhouse lots subject to appeal requirements contained in Chapter 23.72.

Staff comments: The proposal is for five or more townhomes, therefore the Hearing Examiner must make a decision regarding the proposal.

C. Use Districts.

1. In all districts except industrial and light industrial/commercial, townhouse developments shall be approved pursuant to the regulations and procedures established in the Subdivision Ordinance, and applicable provisions of this title.

2. Townhouse developments are prohibited in the light industrial/commercial district.


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3. Accessory dwelling units may be converted to townhouses if each unit meets each of the provisions contained in this chapter.

Staff comments: Staff believes the proposal meets the above criteria. The site is not located within a light industrial or commercial district and no accessory dwelling units are involved in the project.

23.64.060 - Platting requirements. A. In all districts a subdivision plat is required for all townhouse developments so that

individual dwelling units are divided onto lots with the structural walls located on the lot lines. In multifamily and commercial districts the platting of each individual dwelling unit is optional since ownership may be conveyed through the condominium process. Staff comments: The project is going through a platting process.

B. When a townhouse development is platted, construction of townhouse dwellings

may commence prior to final plat or final short subdivision approval, provided: 1. The proposed subdivision has received preliminary plat approval or the short

subdivision has received conditional approval, and the necessary legal instruments have been filed as required in the Thurston County Code Title 18, to assure construction of required public improvements;

Staff comments: This would be addressed after preliminary approval. 2. Partial or complete construction of structures shall not relieve the subdivider

from, nor impair county enforcement of conditions of subdivision approval; Staff comments: Noted. 3. Units shall not be rented or sold, nor occupancy permits issued until final plat or

final short plat approval. Staff comments: The project is conditioned to meet this criterion. C. No subdivision or short subdivision of a site containing previously constructed

townhouse dwellings shall be allowed unless all common walls meet current Building Code and Fire Code requirements for separately owned subdivided townhouse units, and all other standards of this chapter are met. Staff comments: Not applicable. There are no existing townhome units.

D. Undersized lots may be used for individual townhouse dwelling units without

meeting the density and lot area requirements of this section, and without resubdividing, provided such lots were of record prior to the effective date of this chapter; and provided, they also have a minimum lot width of eighteen feet in R 4 and R 4—8 and sixteen feet in R 6—12 districts. Staff comments: Not applicable.


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23.64.080 - Development standards. A. Maximum Site Area. The maximum site area for a townhouse development in the R

4, R 4—8 or R 6—12 district shall be four acres. There is no maximum site area in other districts where townhouses are permitted; Staff comments: The townhome portion of the project is less than four acres. It is a portion of a larger plat.

B. Units per Structure.

1. In R 4, R 4—8 and R 6—12 districts, townhouse structures shall contain no more than four individual dwelling units, and there shall be no more than one builder per townhouse structure.

Staff comments: As designed and conditioned the project meets this requirement. 2. In all districts except the R 4, R 4—8 and R 6—12, requirements of the

underlying district shall apply with regard to number of units per structure; Staff comments: This site is located in the R 4-8 zoning district.

C. Density and Lot Area. 1. Density. Each townhouse development shall be subject to density provisions

contained in the underlying district. Staff comments: The project meets this criterion. 2. Lot Size. See Table 4.04, Residential Development Standards, for average and

minimum lot sizes for each townhouse unit. The minimum required lot area for individual townhouse dwelling units shall not include critical areas subject to the Thurston County Critical Areas Ordinance, TCC Title 24.

Staff comments: As designed the proposal appears to meet this criterion.

D. Building, Impervious and Hard Surface Coverage. Outside of 'village' and 'center' districts subject to Table 5.05, building and impervious surface building coverage for an individual townhouse lot shall not exceed sixty percent or the underlying district limit, whichever is greater, and hard surface coverage shall not exceed seventy percent or the underlying district, whichever is greater. Provided further that total coverage for each townhouse building shall not exceed building, impervious surface and hard surface coverages of the underlying district. Staff comments: Staff believes the proposal meets these standards based upon the information provided.

E. Minimum Lot Width. Each individual townhouse lot shall have a minimum width as

follows:


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1. R 4 and R 4—8 Districts: twenty-two feet for one-story buildings and eighteen feet for two-story buildings,

Staff comments: As designed the project meets this criterion. 2. R 6—12 districts: eighteen feet for one-story buildings and sixteen feet for two-

story buildings, Staff comments: Not applicable 3. All other districts: No limitation; Staff comments: Not applicable

F. Setback Requirements. Setback requirements for front and rear yards and for side

yards of end dwelling units of townhouse structures shall be the same as the underlying district, except as follows: 1. For townhouse projects facing property zoned R 4, R 4—8 and R 6—12, end

unit side yard on the project boundary shall be no less than twenty feet for projects with four or more townhouse dwelling units, ten feet,

Staff comments: As designed the project appears to meet this criterion. 2. For three units and five feet for two units; Staff comments: Staff does not believe this criterion is applicable.

G. Height. Same as the underlying district;

Staff comments: The proposal meets this criterion as required by zoning. H. Parking. Townhouse developments shall provide off-street parking pursuant to

Chapter 23.38; Staff comments: Staff believes the proposal meets this criterion based upon the proposed design.

I. Residential Design Review Guidelines. Townhouse developments with more than

four dwelling units shall meet the residential design guidelines section of Chapter 23.04A. Staff comments: Noted. Design review has been applied for.

B. Environmental Review

A Mitigated Determination of Non-Significance (MDNS) was reissued on October 3, 2019 (Attachment n). This determination was not appealed and a final MDNS


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was issued on November 7, 2019 (Attachment m). This MDNS established conditions and impact mitigation for traffic and city park impacts, critical areas, erosion control and storm water management, archeological impacts, play equipment and asbestos surveys. Additionally, public school mitigation is required for this project. CPED believes the mitigating measures of the Mitigated Determination of Non-Significance should become conditions of approval if the preliminary plat is approved.

C. Urban Utilities

The development will be utilizing City of Olympia sanitary sewer and water utilities. D. School Impacts

The project is located within the Olympia School District. School mitigation fees must be paid prior to building permit issuance. The internal public road system within the plat provides sidewalks, which will provide safe passage for school children to reach bus pick up areas.

E. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT REVIEW Staff Analysis and Recommendation: Request: A Shoreline Substantial Development (SSDP) is requested for several portions of the project within the 200-foot Shoreline Management Act jurisdiction of Hewitt Lake (Rural Shoreline Designation). These proposed actions within 200-feet of Hewitt Lake are:

A picnic shelter and for the community use to be constructed at the location of an existing single-family residence. A “tot lot” is also proposed in addition to associated landscaping using primarily native vegetation.

A new alley and related storm water management that will provide for ingress, egress and emergency service access to serve the planned Hewitt Lake Heights community.

The installation of a Public sanitary sewer and water main to serve the Hewitt Lake Heights community and neighboring properties.

A portion of a storm water pond.

Hewitt Lake is regulated by the State Shoreline Management Act and Shoreline Master Program for the Thurston Region (TCC Title 19). The applicant requests a SSDP for the above mentioned improvements within 200 feet of Hewitt Lake. The SSDP is required to be reviewed by the Thurston County Hearing Examiner. ENVIRONMENTAL EVALUATION A Final Mitigated Determination of Non-Significance (MDNS) was issued on November 7, 2019 (Attachment m). This determination was appealed, however the appeal was dropped.


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APPLICABLE SECTION OF THE THURSTON COUNTY LAND USE REGULATORY CODES Thurston County Zoning Ordinance: Title 23, Chapter 23.04 Thurston County Critical Areas Ordinance: Title 24 Shoreline Master Program: Pages 2, 6, 7, 90 – 93, 98 - 103, 118 – 120 and 161 Washington Administrative Code 173-27-140, 173-27-150 DEPARTMENT ANALYSIS a) The existing residential lots are legal, conforming uses within the Residential four

to eight (R 4-8) zone within the Olympia Urban Growth Area in terms of the lot size and use.

b) The construction of a single family residence by the owner or lessee is exempt

from a Shoreline Substantial Development Permit (SSDP) per WAC 173-27-040 (2)(g). The construction of multiple residential units within shoreline jurisdiction is not technically exempt. However, in this case the buildable area or area where a home/homes would be constructed would be completely or mostly outside of shoreline jurisdiction. Only one of the lots (Lot 22) would have any likelihood of a home being partially within Shoreline jurisdiction. Because only one of the homes could be partially within Shoreline jurisdiction staff determined that the residential portion of the project is exempt from a shoreline permit and this will not be addressed further in the staff report.

c) An SSDP is required if a non-exempt project or structures' value is greater than

$7,047.00. The value of the proposed development, including roads, utilities, storm ponds and recreational amenities within shoreline jurisdiction far exceeds this value.

d) Shoreline Master Program: The Shoreline Master Program for the Thurston Region (SMPTR) designates the shoreline jurisdiction on the subject property as Rural. The latest version of the SMPTR was adopted on September 5, 1989 and became effective on May 15, 1990. Shoreline recreation is covered by SMPTR Section Three, Chapter XIV. Additionally, docks are covered in the “Boating Facilities” chapter (Section Three, Chapter IV) of the SMPTR and are allowed subject to standards.

Review criteria for all development (WAC 173-27-140)

(1) No authorization to undertake use or development on shorelines of the state shall be granted by the local government unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the master program. Staff comments: Staff finds the project to be consistent with the policy and provisions of the Shoreline Management Act and the master program.


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(2) No permit shall be issued for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served.

Staff comments: No parts of the proposal will exceed a height of 35 feet, nor will

they obstruct any views. Review criteria for substantial development permits (WAC 173-27-150)

(1) A substantial development permit shall be granted only when the development proposed is consistent with:

(a) The policies and procedures of the act; (b) The provisions of this regulation; and (c) The applicable master program adopted or approved for the area. Provided, that where no master program has been approved for an area, the development shall be reviewed for consistency with the provisions of chapter 173-26 WAC, and to the extent feasible, any draft or approved master program which can be reasonably ascertained as representing the policy of the local government. Staff comments: Staff finds the project to be consistent with the above criteria, the Shoreline Management Act and SMPTR. Consistency with applicable policies and guidelines is discussed below.

(2) Local government may attach conditions to the approval of permits as necessary to assure consistency of the project with the act and the local master program.

Staff comments: Noted. Conditions are attached. Recreational Development: Proposed is a picnic shelter for the community use to be constructed at the location of an existing single-family residence. A “tot lot” is also proposed in addition to associated landscaping using primarily native vegetation. SMPTR Section Three, Chapter XIV, Part B. Policies in relation to Recreation B. Policies 1. Priorities for recreational development of shorelines should relate directly to densities and unique characteristics of the population served. Priorities for acquisition should consider need and special opportunities as well as access by public transit. Staff comments: The proposed picnic shelter and tot lot with landscaping will serve the community of Hewitt Lake Heights. The community use area will be within walking

https://apps.leg.wa.gov/WAC/default.aspx?cite=173-26


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distance of all residents of the Hewitt Lake Heights community. Public transit is not an issue as this is a private use area for the Hewitt Lake Heights community. 2. All recreational development projects should be considered on the basis of their compatibility with the environment. Staff comments: The community use area has been designed with the shoreline environmental and critical areas in mind. No shoreline or critical area buffers will be affected. Staff believes the project is compatible with the on-site environment. 3. Access to recreational locations such as fishing streams and hunting areas should be planned to prevent concentration of use pressures. Staff comments: The proposed community area near the lake (park) will be limited to use by the residents of this plat, therefore concentration of use will be limited. 4. The linkage of shoreline parks and public access points through provisions for linear open spaces should be encouraged. Such open space could include hiking paths, bicycle paths and/or scenic drives located as close to the water's edge as feasible. Staff comments: The park is not adjacent to scenic drives. This is a relatively small park area and it is not linked to other open spaces. The site is not big enough for hiking or bicycle paths. The park does have vehicular access and is also accessible by foot. Staff believes the project is consistent with this criterion. 5. Recreational developments should be designed to preserve, enhance or create scenic views and vistas. Favorable consideration should be given to those projects that complement their environment. Staff comments: The project has been designed to complement the environment through its design and the use of native vegetation for landscaping. 6. Where possible, parking areas should be located inland, away from the immediate edge of the water, and recreational beaches, and should be linked with the shoreline by walkways. Staff comments: This criterion has been met through the design of the project. Parking will not be located within shoreline setbacks (50 feet) and the site will be walkable to the shoreline. 7. Recreational development should comply with all applicable city, county, state, and federal regulations. Staff comments: Staff believes the project complies with all known and applicable city, county, state and federal regulations as the project is conditioned. 8. Facilities for intensive recreational activities should be permitted only where sewage disposal and pest control can be accomplished to meet public health standards without altering the environment adversely.


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Staff comments: Staff would not consider the use as intensive as it is limited to residents of this plat of 38 homes. Some uses may not be considered passive such as fishing or swimming, but they are not intensive in the opinion of staff. 9. Development of public fishing piers, underwater fishing reefs, and access to public waters and tidelands should be encouraged as part of an overall recreation plan or development. Staff comments: This intent of this criterion is met, although use of the park will be limited to members of the public who reside in this plat. 10. Where appropriate, nonintensive, recreational use should be encouraged on flood plains that are subject to recurring flooding. Staff comments: No portion of the proposed park area is subject to flooding or in a floodplain with the exception of the lakes edge. However, no development is proposed in this area. 11. Artificial marine life habitats should be encouraged in order to provide increased aquatic life for recreation. Such habitats should be constructed in areas of low habitat diversity. Staff comments: Staff believes this policy is directed towards marine shoreline rather than shorelines of fresh water lakes. SMPTR Section Three, Chapter XIV, Part C. General Regulations in relation to Recreation C. General Regulations 1. Public access points on lakes must provide parking space appropriate for the intended use. Staff comments: vehicular access and parking are not part of the proposed project. 2. Recreation facilities or structures which are not compatible with the environmental designation in which they are proposed are prohibited. Staff comments: There are no facilities or structure proposed that are not compatible with the Rural shoreline designation. 3. Events and temporary uses in the public interest may be approved by the Administrator in any environment, provided that such uses will not damage the wetland environment. Staff comments: No specific events or temporary uses in the public interest are proposed, although the picnic shelter may be used for small events such as birthday parties and the like. 4. Recreational developments must provide facilities for nonmotorized access, such as pedestrian, bicycle and/or equestrian path links to the shoreline.


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Staff comments: Only nonmotorized access is proposed. 5. Sewage disposal and pest control must meet public health standards; waste must not be allowed to enter the water. Staff comments: No waste will be allowed to enter the water. 6. The following regulations shall apply to artificial aquatic life habitats: a. Habitats shall minimize interference with surface navigation. b. Habitats shall be constructed of long-lasting, nonpolluting materials, and moored so as to remain in their original location even under adverse current or wave action. c. Habitats may not be installed on publicly-owned submerged land without written permission of the administering governmental agency. Staff comments: Not applicable. 7. Public or private recreation areas which cater to the use of all-terrain or off-road vehicles as the primary recreational activity shall not be allowed in the shoreline areas. Staff comments: Not applicable. 8. All stair towers meeting one of the following conditions must be designed by a licensed civil engineer: a. The location proposed is mapped as "Unstable" or "Intermediate Stability" in the Washington Coastal Zone Atlas prepared by the state Department of Ecology. b. All stair towers 24 feet in height or taller. c. Other instances where the building official determines that site conditions dictate the preparation of plans by a licensed civil engineer. Staff comments: Not applicable. 9. Stair towers shall be designed to minimize obstructing the views enjoyed by adjoining residences. Staff comments: Not applicable. D. Environmental Designations and Regulations 3. Rural Environment. Low to medium intensity recreational uses shall be permitted on Rural Environment shorelines, subject to the general regulations and following specific regulations. a. A recreational facility of structure which changes or detracts from the character of the Rural Environment (by building design or intensity of use) shall be prohibited. Staff comments: Staff believes these criteria are met through the design of the project, which considered environmental impacts. b. Roads, parking and vehicular camping facilities, including restrooms, shall not be located within fifty (50) feet of the ordinary high-water mark of any shoreline with the exception of access to boat launching facilities. Parking facilities and roadways may be within fifty (50) feet only if they provide access for handicap or for scenic viewpoints. Maintenance or upgrading of existing roads, parking and/or vehicle camping facilities


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including restrooms is permitted provided the area devoted to these facilities is not enlarged. Pedestrian and hiking trail access shall be provided to link upland facilities with the shoreline. Staff comments: The design of the proposed park meets all of the above criteria. Roads and parking are located more than 50 feet from the shoreline. XVII. ROAD AND RAILROAD DESIGN AND CONSTRUCTION A new private lane and related storm water management that will provide for ingress, egress and emergency service access to serve the planned Hewitt Lake Heights community park and lot 38.

B. Policies 1. Major highways, freeways and railways should be located away from shorelands, except in port and industrial areas, so that shoreland roads may be reserved for slow-moving local or recreational traffic.

Staff comments: Not applicable.

2. Road and railroad locations should be planned to fit the topography and utilize existing corridors so that minimum alterations of natural conditions will be necessary. This is especially important on flood plains. Staff comments: There will be no activity within the flood plain of the lake. Staff believes the proposal meets the remainder of the above criterion. 3. Roads and railroads should be designed, constructed, and maintained to minimize erosion and to permit natural movement of ground water and flood waters to the extent practical. Staff comments: Staff believes the proposal meets the above criterion. There should be no impact on ground water or flood waters 4. All debris, overburden, and other waste materials from construction should be disposed of in such a way as to prevent their entry by erosion from drainage, high water, or other means into any surface water body. Staff comments: There will be no such debris entering any surface water. 5. Scenic corridors containing public roadways should have provision for safe pedestrian and other nonmotorized travel. Also, provisions should be made for viewpoints, rest areas, and picnic facilities in appropriate areas. Staff comments: This would not be characterized as a scenic corridor. 6. Railroad beds should be screened with trees in scenic areas. Staff comments: Not applicable.


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C. General Regulations

1. Excess construction materials shall be removed from the shoreline area.

Staff comments: There should be very little construction materials in the shoreline area and any will be removed after construction.

2. Major roads and railroads shall cross shoreline areas by the shortest, most direct

route feasible, unless such route would cause significant environmental damage.

Staff comments: No major roads or railroads are proposed. Not applicable.

3. Filling of tidelands, shorelands and marshes for road or railroad rights-of-way shall be prohibited unless no viable alternative exists.

Staff comments: Not applicable.

4. All excavation materials and soils exposed to erosion by all phases of road, bridge and culvert work shall be stabilized and protected by seeding, mulching or other effective means, both during and after construction. Staff comments: The project will meet the standards of the Thurston County Storm Water and Erosion Control Manual. 5. All debris, overburden and other waste materials from road and railroad construction, if permitted on shorelines, shall be disposed of in such a way as to minimize their entry by erosion from drainage into any water body. Staff comments: As proposed and conditioned this criterion will be met. As stated above, the project will meet the requirements of the Thurston County Storm Water and Erosion Control Manual. 6. Private roads shall follow natural contours where possible. Natural benches, ridge tops and flat slopes are preferred locations. Erodible cuts and filled slopes shall be protected by planting or seeding with appropriate ground cover or matting immediately following construction. Staff comments: The proposal appears to meet the above criterion. There should be little cutting or filling related to the small portion of roadway within the shoreline area. 7. Where permitted to parallel shorelines, roads or railroads shall be setback a sufficient distance from the ordinary high-water line to leave a usable shoreline area. Staff comments: The above criterion will be met by the proposed design. 8. Storm water runoff shall be controlled to reduce suspended solids before entering any surface water body. Staff comments: As stated above, the project will meet the Thurston County Storm Water and Erosion Control Manual.


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D. Environmental Designations and Regulations 1. Urban, Suburban, Rural and Conservancy Environments. The following roads and railroads are permitted:

a. Local public or private access roads to serve uses permitted in the Urban, Suburban, Rural and Conservancy Environment.

Staff comments: The proposed road meets the above criterion. The road is a private access road.

b. Transportation thoroughfares including major arterials, highways and railways. Staff comments: None of the above are proposed.

XX. UTILITIES

Regarding the installation of a public sanitary sewer and water main to serve the Hewitt Lake Heights community and neighboring properties and a portion of a storm water pond.

B. Policies 1. Wherever utilities must be placed in a shoreline area, the locations should be chosen so as not to obstruct or destroy scenic views. Utilities should be placed underground, or designed to do minimal damage to the aesthetic qualities of the shoreline area. Staff comments: Utilities will be placed underground and will not have any aesthetic impact. 2. Where construction connected with utility placement occurs on shorelines, banks should be restored to their pre-project configuration, replanted with native species and maintained until the new vegetation is established. Staff comments: These areas will be landscaped after installation of utilities where appropriate. 3. Sewage treatment, water reclamation, desalinization and power plants should be designed and located so as not to interfere with, and to be compatible with recreational, residential or other public uses of the water and shorelands. Staff comments: Not applicable. No such plants are proposed. 4. Sewage outfalls to waterbodies should be avoided in preference to recycling or land disposal of sewage wastes. Where no alternative to outfalls into water exist, location of such outfalls should be part of the appropriate regional plan for solutions to sewage management problems. Staff comments: No such outfalls are proposed.


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5. Utility rights-of-way should be used for public access to and along waterbodies where feasible. Staff comments: Noted. Not applicable. 6. If utilities must be located over the water, they should be placed on bridge-like structures rather than fill, and said structures should provide clearance for all marine vessels normally using the area. Staff comments: Not applicable. 7. New major transmission facilities should follow existing utility corridors unless prohibited by the environmental designation and regulations. Staff comments: No new major transmission facilities are proposed. However, any new transmission facilities will comply based upon staff’s understanding of the project. C. General Regulations 1. Applicants for permits to locate utility lines in the shoreline jurisdictional area shall submit a location plan with their application which shows existing utility routes in the vicinity of the proposed utility line. The proposed utility lines shall follow existing utility, natural drainage or transportation routes where feasible. Staff comments: Staff believes there are no other existing utilities within shoreline jurisdiction. 2. All utility facilities shall be located on lots or routes no larger than necessary. Staff comments: Staff believes the project meets this criterion. 3. The approved projects shall identify a method of reclamation which provides for revegetation and protection of wetland areas from erosion. As a minimum, this shall include the restoration of the affected area to pre-development elevation, replanted with native or pre-existing species and provisions for maintenance care for the newly planted or seeded vegetation until it is established. Staff comments: The wetland onsite will be protected by a natural 100 foot buffer of native vegetation and trees. There should be no risk of erosion with regards to the wetlands. 4. Utility services accessory to individual projects shall be regulated by the specific use regulations for the activity in addition to the standards of this section and shall not require separate Substantial Development Permits for utility service installations. Staff comments: Noted. 5. Where feasible, utilities shall be placed underground unless such undergrounding would be economically or technically prohibitive or significantly detrimental to the environment.


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Staff comments: Utilities related to this permit will be located underground. 6. Utility facilities shall be designed for minimal environmental and aesthetic impact and shall be coordinated with local comprehensive plans. Staff comments: Staff believes the design of the utilities subject to this permit meet this criterion. 7. Underwater utilities shall be located at a depth sufficient to prevent interference between the utility and other shoreline use activities. Staff comments: There are no underwater utilities. 8. All utility facilities must provide safeguards to ensure that no long-term damage will be caused to the adjacent or downstream environment should an accident occur involving the utility. Staff comments: Staff believes the design of the utilities meets the intent of the criterion. All utilities will be built to current standards. 9. No discharge of waste material which could result in decertification of aquacultural areas or products or cause lowering of water quality ratings is permitted. Staff comments: The project will meet this criterion. 10. No new hydroelectric generating facilities are allowed on the Nisqually River pursuant to the recommendations of the Nisqually River Management Plan. Staff comments: Not applicable. D. Environmental Designations and Regulations 1. Urban and Rural Environments. The following utility facilities are allowed in the Urban and Rural Environments:

a. Utility lines.

b. Control, collection or distribution facilities including, but not limited to, telephone exchanges, sewage treatment plants, water reservoirs, electrical substations and gas metering stations.

c. Power generating facilities except on the Nisqually River and transmission lines.

Staff comments: Utility lines are proposed. H. Agency Comments

Several agency comments were received, including internal County Departments. The WA Dept. of Ecology sent comments requesting an updated


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wetland report given that the project is more than 5 years old and so is the wetland report. However, it is staff’s understanding that the project is vested and as such the documentation contained in the original application is also vested. Thurston County has not requested an amended or updated wetland report. Wetland buffers would be determined based upon the vested application materials submitted in 2012.

The Thurston County review agencies have submitted their comments and recommendations, which are attached and made part of this report (Attachments r and s). The Environmental Health Section of the Public Health and Social Services Department reviewed the project for compliance with all applicable health codes. The Environmental Health Department has recommended preliminary plat approval subject to conditions (Attachment r). The Public Works Department conducted their review of the project for compliance with all road and drainage requirements. All requirements outlined in the Thurston County Roads Standards and Drainage Design and Erosion Control Manual have been satisfied. The Public Works Department has recommended preliminary plat approval with conditions (Attachment s).

I. Public Comment

Many comments letters were received in relation to the Notice of Application and SEPA determination. These are included as Attachments o1 – g2. The majority of the issues involved traffic impacts and traffic safety, safety for children, general environmental impacts from deforestation and clearing, noise, loss of privacy, incompatibility of the proposed townhomes with the existing neighborhood and related impacts to property values and impacts on emergency services which would be addressed through taxes on additional housing units. Additionally, the comments addressed impacts to schools which would be addressed through school mitigation fees for each of the new homes. There were concerns that the project may lead to an increase in crime and lowering of quality of life. There were comments related to access to the lake and potential trespassing by new lake users and environmental impacts to the lake. There were comments that the traffic impact analysis and site distance study were lacking or inadequate. However, these studies have been reviewed and approved by Thurston County Public Works. There were also comments in favor of the project as it would add to the housing market and help with urban infill. There is no doubt that the project will bring change to the neighborhood. However, the site zoning allows the proposed development. Due to the strange configuration of the main parcel with the long panhandle coming into the site, there would seem to be no other use for this panhandle than some type of multi-family housing units. The layout may not be ideal. However there does not appear to be any other option available. The removal of trees will have an impact on aesthetics and privacy. However, trees will need to be removed for future lots in order to meet minimum residential density. This will be partially mitigated due to the fact that there is a wetland in the central portion of the property and a wetland buffer which may not be disturbed and will be protected


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from development. There was no data provided to support the assertions that the project will bring down home values or result in more crime. Impacts to quality of life are subjective and difficult to quantify. There will be impacts to traffic, but impacts to traffic have been studied through the review of this project and it was found that the design meets minimum standards although there will be increased traffic as a result of the project which may create actual and perceived problems to existing residents. There was no information provided to support concerns that there would be environmental impacts to the lake or trespass issues. Overall the comments are similar to comments from any neighborhood with a new subdivision being proposed next door. In this case, the traffic impacts will likely be noticeable because there is only one way out of the subdivision (53rd Ave) which is shared by the current residents. The intersection of 53rd Avenue and Henderson Blvd. is problematic due to the dense and fast traffic on Henderson Blvd. making it difficult to turn onto Henderson during peak driving times. The City of Tumwater owns this intersection and did not require any improvements such as traffic lights etc. Thurston County has no control over this intersection and it was found to meet minimum requirements as existing. Although there will be impacts, some will be mitigated and the remainder are largely a result of a development which meets current zoning and development standards. The development may alter the character of the neighborhood due to the addition of multi-family units. However, the area is in need of more housing and affordable housing in particular. There have been various planned developments for this site for decades although none came to pass until this particular development which has many fewer homes than earlier designs. The number of proposed residential units is towards the bottom end of the density spectrum so the impacts have been reduced to the extent possible through the design of the project.

J. Local Ordinances With appropriate conditions, the proposed subdivision will conform to the requirements of the Zoning Ordinance and Platting and Subdivision Ordinance. As proposed and conditioned the subdivision is consistent with the Thurston County-Olympia Joint Comprehensive Plan for the Urban Growth Areas and the Thurston County-Olympia Urban Growth Area Zoning Ordinance. As conditioned the project can meet all applicable codes and this will be ensured and verified through the final plat process.

K. Findings

RCW 58.17.110 requires that findings be made in order to approve a preliminary plat. Those findings are as follows:

Appropriate provisions must be made for the public health, safety and general welfare and such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, 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 that only walk to and from school.


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Staff Comments: Public Works requirements will ensure that appropriate provisions are made for streets and stormwater facilities for this urban area plat. The plat must comply with the Health Code, thereby assuring adequate provision for domestic water supply and sanitary waste disposal. The project will extend City of Olympia sanitary sewer and water to serve the lots. School children will be bussed to Olympia School District school sites. Mitigation will ensure that adequate school facilities are available. All findings can be made for the public health safety and general welfare. The proposed plat in conjunction with the recommended conditions is in compliance with RCW 58.17.110.

Note: Affected property owners may request a change in valuation for property tax purposes.

DEPARTMENT RECOMMENDATION Based upon the above analysis, CPED recommends approval of the preliminary plat and approval of the requested Shoreline Substantial Development Permit (SSDP) subject to the following conditions: Public Works Conditions: ROADS

1. The proposed roadway in concept and design shall conform to the Road Standards and the City of Olympia standards and development guidelines.

2. A construction permit shall be acquired from the Thurston County Public Works – Development Review Section prior to any construction.

TRAFFIC CONTROL DEVICES 3. All traffic control devices shall be designed, located, manufactured, and installed

in accordance with the Road Standards, Manual of Uniform Traffic Control Devices and applicable WSDOT Standards & Specifications. A sign and striping plan shall be incorporated into the construction drawings for the project. Please contact Thurston County Public Works – Development Review Section Staff to obtain the most current Thurston County guidelines.

4. County forces may remove any traffic control device constructed within the

County right-of-way not approved by this division and any liability incurred by the County due to non-conformance by the applicant shall be transferred to the applicant.

DRAINAGE 5. The storm water management system shall conform to the Drainage Design &

Erosion Control Manual.


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6. All drainage facilities outside of the County right-of-way shall remain private and be maintained by the developer, owner and/or the property owners association.

7. Storm water runoff shall be controlled through all phases of the project by

facilities designed to control the quality and quantity of discharges and shall not alter nor impact any existing drainage or other properties.

8. Because proper landscaping is vital to the performance of the stormwater system, the Landscape Plan (if required) shall be signed/sealed by a WA licensed civil engineer (preferably the engineer who designed the stormwater system).

UTILITIES

9. 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.

10. Proposed utility work within the Thurston County Right of Way shall conform to

the Road Standards and Chapter 13.56 Thurston County Code. These standards do not address specific city design requirements but rather only 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 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 0.17’ of asphalt concrete pavement.

RIGHT-OF-WAY & SURVEY 11. Permanent survey control need to be placed to establish all public street

centerlines, intersections, angle points, curves, subdivision boundaries and other points of control.

12. Permanent survey control monuments shall be installed in accordance with the

standards provided by the Thurston County Public Works – Survey Division. The Survey Division can be reached at 360-867-2378.

TRAFFIC

13. Payment of the off-site traffic mitigation required in the 11/7/19 Mitigated Determination of Non-significance is required prior to final approval in accordance with the Thurston County Road Standards. Timing of such payments to the other jurisdictions may be altered upon agreement with respective jurisdiction and Thurston County

davissa

ENTER DATE OF MDNS


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GENERAL CONDITIONS

14. No work shall take place until a construction permit has been issued by Thurston

County Public Works – Development Review Section.

15. Development within the City of Olympia urban growth boundary, requiring review by both Thurston County and the corresponding city jurisdiction, shall be designed to the more stringent standards of the two jurisdictions.

16. The proposed grading or site work shall conform to Appendix J of the

International Building Code, Title 14.37 of the Thurston County Code and Drainage Design & Erosion Control Manual.

17. When all construction/improvements have been completed, contact the Thurston

County Public Works – Development Review Section for a final inspection. 18. This approval does not relieve the Applicant 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 Applicant. One permit that may be required is a Construction Stormwater Permit from the Washington State Department of Ecology. Information on when a permit is required and the application can be found at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/permit.html. Any additional permits and/or approvals shall be the responsibility of the Applicant.

PROJECT SPECIFIC CONDITIONS 19. Once the planning department has issued the official preliminary approval, a

construction permit application shall be submitted along with a complete set of construction drawings and the final drainage and erosion control report to Thurston County Public Works – Development Review Section for review and acceptance.

20. PRIOR to construction, the applicant shall:

a. Pay outstanding construction review and inspection fees* a. Receive an erosion and sediment control permit b. Have the erosion and sediment control inspected and accepted c. Receive a construction permit d. Schedule a pre-construction conference with county staff.

* The current fee schedule can be found online at Thurston County Permit Assistance Center webpage or contact Ruthie Padilla with the Thurston County Public Works – Development Review Section by phone at (360) 867-2046 or by e-mail at [email protected].

http://www.ecy.wa.gov/programs/wq/stormwater/construction/permit.html


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GENERAL INFORMATION FINAL REVIEW 21. Prior to receiving final approval from this department, the following items shall be

required:

a. Completion of all roads and drainage facilities. a. Final inspection and completion of all punch list items. b. Record drawings submitted for review and acceptance. The record

drawings shall include street names and block numbers approved by Addressing Official.

c. Receive and accept Engineer’s Construction Inspection Report Form (Appendix I-C, Volume I of the Drainage Design and Erosion Control Manual).

d. Receive and accept Maintenance Agreement Form (Appendix I-E, Volume I of the Drainage Design and Erosion Control Manual).

e. Execute an agreement with financial security for the maintenance and operation of the right-of-way improvements in accordance with Thurston County Code 18.24.010.

f. Execute an agreement with financial security for the maintenance and operation of the drainage facilities in accordance with Thurston County Code 15.05.040.

g. Approve the Final Plat Map. h. Property owners articles of incorporation and covenants in accordance with

Volume I, Section 2.4.11 of the Drainage Design and Erosion Control Manual.

i. Completion of required frontage improvements. j. Completion of required signing and striping. k. Payment of any required permitting fees. l. Payment of any required mitigation fees.

22. The final plat map shall note or delineate the following:

Required Plat Notes a. "ATTENTION": Thurston County has no responsibility to build, improve,

maintain or otherwise service private roads or driveways within or providing access to property described in this plat. The building, maintenance, repair, improvement, operation or servicing of the storm water 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 to Cheri Estates Drive SE.

c. If seasonal drainage crosses subject property, no filling or disruption of the

natural flow shall be permitted.

d. Private roads are required to remain open at all times for emergency and public service vehicle use. Any future improvements (gates, fencing, etc.) that would not allow for “open” access will need to be approved by all


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applicable departments of Thurston County.

e. The owner and/or Homeowners Association shall be responsible to operate and maintain the streetlights until such time the property is annexed to the city.

f. Per Thurston County Resolution 14820, impact fees shall be paid prior to

issuing any building permits associated with this project. g. This plat is subject to the RESIDENTIAL AGREEMENT TO MAINTAIN

STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION CONTROL PLAN”, as recorded under Auditor’s File No._____________.

h. Easements are hereby granted for the installation, inspection, and

maintenance of utilities and drainage facilities as delineated on the plat for subdivision______________ including unrestricted access for Thurston County staff to any and all storm water system features for the purpose of routine inspections and/or performing maintenance, repair and/or retrofit as may become necessary. No encroachment will be placed within the easements shown on the plat which may damage or interfere with the installation, inspection, and maintenance of utilities. Maintenance and expense thereof of the utilities and drainage facilities shall be the responsibility of the Property Owners’ Association as established by covenant recorded under Auditor’s file number _____________.

i. The property described herein is required to accommodate storm water

runoff from frontage improvements to Cheri Estates Drive SE and all natural tributary areas abutting said property.

j. Maintenance of the landscaping, trees, sidewalk and roadside drainage and

stormwater facilities such as ditches, swales and ponds within the public right of way is the sole responsibility of the (property owners) or (homeowners association) within this subdivision. Thurston County has no responsibility to maintain or service said landscaping, trees, sidewalks or roadside stormwater facilities.

Delineate on the Plat

k. Provide language on the plat describing the drainage design requirements

for all projected hard surfaces and lawn/landscape areas within individual building lots (drywell design/sizing, storm drain connection points, incorporated into pond design, etc.).

l. Delineate the access restrictions by showing a "no access" strip, written and hatched, between the County approved access points along the frontage of Cheri Estates Drive SE on the final plat map.

m. Please clearly label all public and private roads.


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Environmental Health Conditions: REQUIREMENTS FOR FINAL SUBDIVISION SUBMITTAL:

23. City of Olympia sanitary sewer must be extended to and through the City of

Olympia water and sewer utilities must be extended through the subdivision prior to final approval. Confirmation of final water and sewer construction approval from the City of Olympia must be provided to this office.

24. The applicant must complete a non-public declaration of covenant for the existing well located on-site that serves neighboring Tax Parcel 12836430502. The covenant must be submitted to this office for review prior to being recorded with the Thurston County Auditor’s Office. A well access and maintenance agreement is strongly recommended.

25. The two existing on-site septic systems must be properly abandoned per Article IV of the Thurston County Sanitary Code. Abandonment permit applications are required to be submitted with copies of all abandonment documentation from a licensed septic system pumper.

26. A finalized version of the Integrated Pest Management Plan (IPMP) must be submitted for review prior to recording the document with the Thurston County Auditor’s Office. City of Olympia Conditions:

27. In order to mitigate traffic impacts within the City of Olympia, the proponent will need to contribute $ 134,065.00 to the City prior to final project approval, pursuant to County Road Standards. Timing of the contributions may be altered if approved by both the City of Olympia and Thurston County.

28. In order to mitigate park impacts, the City of Olympia requires the applicant to contribute $159,558.74 to the City in a lump sum prior to final plat approval.

29. Playground equipment provided for Tract “B” must be commercial-grade play equipment, provide play opportunities for both pre-school and 5-12 year old children, be compliant with the Americans with Disabilities Act Accessibility Guidelines, and comply with Consumer Product Safety Commission and American Society for Testing and Materials safety standards.

30. Should the playground not be constructed to the specifications outlined above, or not constructed at all, SEPA mitigation fees in the amount of $28,400.50 in the category of Neighborhood Parks shall be assessed. City of Tumwater Conditions:

31. In order to mitigate traffic impacts within the City of Tumwater, the proponent will need to contribute $ 17,452.00 to the City prior to final project approval, pursuant to County Road Standards. Timing of the contributions may be altered if approved by both the City of Tumwater and Thurston County.


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CPED Conditions: 32. A critical area buffer fencing and signage plan shall be submitted prior to

applying for final plat approval. Critical area fencing and signage shall meet all of the standards of TCC Ch. 24.60.

33. Excess construction materials shall be removed from the shoreline area.

34. Residential density calculations and allowances meeting the Thurston County Zoning Code and Shoreline Master Program for the Thurston Region shall be clearly stated on the face of the final plat.

35. The maximum impervious surface limits within the 200 foot Rural Shoreline Environment is 30%. All future development shall comply with this standard.

36. Prior to final plat approval submit a final landscaping plan to the Thurston County Community Planning and Economic Development for review and approval.

37. Prior to final plat approval comply with all conditions of the Final Mitigated Determination of Non-Significance dated November 7, 2019 (Attachment m).

38. Prior to final plat approval evidence that all necessary roads and public parks mitigation have been paid shall be submitted to Thurston County Community Planning and Economic Development.

39. Encroachment into setbacks: Required setback (yard) areas shall be kept free of any building or structure taller than thirty inches in height, except as otherwise provided by TCC 23.04.080.H.5.

40. Prior to construction of the townhome portion of the project, Administrative Design Review approval is required.

41. Where design review is required, no county permit shall be issued nor work begun until the department has approved the proposed activity, and no substantial changes shall be made after such approval until the department has approved the proposed changes.

37. Street addresses, lot size and dimensions for each lot shall be shown on the final

map. 38. 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.

39. All open space and landscaping and tree preservation shall comply with:

A. New trees on individual residential lots shall be planted at a rate of one (1) tree for every four thousand (4,000) square feet of lot area at the time of building permit application and verified prior to final occupancy approval.


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40. Mitigation fees for schools, parks and roads shall be paid prior to building permit issuance.

41. The following notes shall be shown on the final plat map:

A. This subdivision was reviewed through project number 2012102745 and approved based on standards and allowances of the Residential four to eight (R 4-8) zoning district in the Olympia Urban Growth Area (TCC 23.04.080).

B. New trees on individual residential lots shall be planted at a rate of one

(1) tree for every four thousand (4,000) square feet of lot area at the time of building permit application.

C. Regulated wetlands and their associated buffers have been identified on

site. Pursuant to Thurston County Code, Chapter 24.30, these areas are designated as critical areas in Thurston County. To prevent disturbance of the sensitive area, no development or construction activities shall be allowed within wetlands or their associated buffers. Due to the importance of the wetlands for wildlife habitat, pollution control, ground water recharge and flood water storage, no clearing, filling, grading or other construction activities shall be allowed within the sensitive area except where exempted by and when prior authorization is obtained from Thurston County Development Services. Future development proposals within the sensitive area may require submittal of a wetland delineation and classification report prepared by a person with wetlands ecology expertise who is knowledgeable of wetland conditions within the Thurston region and who derives his/her livelihood from employment in this occupation.

42. If requested by the school district, a bus shelter shall be provided at the

designated bus waiting area(s) as requested by the school district. 43. Prior to construction and site clearing, all wetland buffers shall be clearly

delineated and marked on site by installing orange construction fencing along the outside perimeter of all wetland buffers. After wetland buffers are delineated and fenced on site the applicant shall contact Thurston County Development Services to request an inspection.

44. Site clearing may not begin until the applicant obtains written permission from the Thurston County Public Works.

45. No chemical fertilizers or herbicides shall be used immediately adjacent to or

within the wetland buffers on-site. Any control of noxious weeds or invasive plants shall be done by hand or small hand operated tools rather than chemical application.

46. Prior to final plat submittal permanent wetland buffer fencing and signage must

be installed along the outer edge of all regulated wetland buffers on-site in accordance with Thurston County Code, TCC 24.60 – Critical Area Signs and Fencing. Wetland buffer signs shall be installed at minimum 100-foot intervals and within 10-feet of the intersection with property lines. Critical Area fencing


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may be low split rail, board or vinyl fencing at least three-feet in height or may be solid wood fencing. If open type fencing is used, solid wire strands shall be included to inhibit dogs from entering wetland buffers. A wetland buffer fencing and signage plan shall be submitted by the applicant to Thurston County Planning and Environmental Review Section for review and approval prior to final plat submittal.

47. Provision of a minimum of two hundred square feet of private, usable yard space

for each townhouse dwelling unit is required. This may include decks and patios. 48. Enclosed or screened solid waste storage and collection areas are required for

the townhome development. 49. Each townhouse occupancy shall have recorded with the county auditor a

perpetually binding common party wall agreement as a covenant to each deed establishing the rights and obligations of each owner relative to the common party wall and foundation, and providing for easements for purposes of maintenance and fire protection. Such agreement shall include provisions for upkeep and maintenance of all common areas including landscape, stormwater facilities, utilities, play areas or other facilities.

50. Townhouse units shall not be rented or sold, nor occupancy permits issued until

final plat or final short plat approval. 51. Prior to final plat approval the plat shall be designed to meet the requirements of

TCC 23.04.080(G), “lot width must vary by six-foot increments to avoid monotonous development patterns.”

52. There shall be no more than one builder per townhouse structure. 53. A good faith asbestos survey must be conducted on structures to be demolished

by a certified Asbestos Hazardous Emergency Response Act (AHERA) building inspector. If asbestos is found during the survey, an Asbestos Removal Notification must be completed and all asbestos containing material must be property removed prior to demolition and if the structure is 120 sq. ft. or greater, a Demolition Notification must be submitted regardless of the results of the asbestos survey.

54. In the event that archaeological deposits or skeletal material or features of a

burial/interment situation are encountered, all work in the vicinity of the discovery area must stop immediately and contact made with the Washington State Historic Preservation Officer, the Nisqually & Squaxin Indian Tribal archaeologists and Thurston County Community Planning and Economic Development.

55. Provision should be made to minimize the tracking of sediment by construction

vehicles onto paved public roads. If sediment is deposited, it should be cleaned every day by shoveling or sweeping. Water cleaning should only be done after the area has been shoveled out or swept.

56. During construction, all releases of oils, hydraulic fluids, fuels, other petroleum

products, paints, solvents, and other deleterious materials must be contained and removed in a manner that will prevent their discharge to waters and soils of the state. The cleanup of spills should take precedence over other work on the site.


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57. All development on the site shall be in substantial compliance with the approved

plat. Any alteration of this site plan will require approval of a new or amended plat. The County Planning and Environmental Review Section will determine if any proposed amendment is substantial enough to require Hearing Examiner approval.

____________________ Scott McCormick, MES Associate Planner \\apollo\apps\track\planning\amanda save file\preliminary plat zj\staff reports\2012102745.hewittlakeheights.staffrep.smc.doc


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LIST OF EXHIBITS EXHIBIT 1 Community Planning and Economic Development Department Report

including the following exhibits:

Attachment a Notice of Public Hearing Attachment b Thurston County Master Application, received November 17, 2017

Attachment c Thurston County Division of Land Application, received Feb. 4,

2020 (revised) Attachment d Project Narrative received August 22, 2019 Attachment dd Preliminary plat map dated March 28, 2019 Attachment e JARPA Master Application received Feb. 24, 2016

Attachment f JARPA Application received Feb. 24, 2016 Attachment g JARPA narrative received Feb. 24, 2016

Attachment h Notice of Application dated Feb. 28, 2013 with attached adjacent

property owners list dated October 1, 2012

Attachment i Wetland Report dated June 19, 2012, received June 21, 2012 Attachment j Traffic Impact Analysis Level 1 dated June 2012 Attachment k Site distance analysis with cover sheet received September 3,

2013 Attachment l Integrated Pest Management Plan dated February 12, 2013 Attachment m Final SEPA Determination dated November 7, 2019 with adjacent

property owners list date October 15, 2019 Attachment n SEPA Determination dated October 3, 2019 Attachment o SEPA Environmental Checklist received August 22, 2019 Attachment p Plat Name Reservation Certificate

Attachment q SEPA Recommendation from the Arthur Saint, Thurston County Public Works Department dated May 29, 2019

Attachment r Recommendation for Preliminary Approval from Dawn Peebles,

Thurston County Public Health and Social Services dated January 2, 2020.


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Attachment s Recommendation for Preliminary Approval from Arthur Saint, Thurston County Public Works Department dated December 12, 2019.

Attachment t Comment letter from the WA Department of Ecology dated

October 17, 2019 and December 5, 2017. Attachment u Comment email from ORCAA requesting an asbestos survey

related to the proposed demolition of an old home on the subject property dated October 15, 2019

Attachment v Letter from the Nisqually Tribe dated October 7, 2019 Attachment w Email comments from Kelli Root with Thurston County Public

Works Right of Way and Survey Section dated April 30, 2019 Attachment x Email chain from Mike Kain regarding on-site community meeting

dated December 27, 2017 Attachment y Letter from Thurston County to Cheng Yuk Wing dated December

8, 2017 regarding a hazard tree Attachment z Letter from Cheng Yuk Wing to Thurston County dated November

25, 2017 regarding a hazard tree Attachment a1 Email response from Jeff Pantier regarding the hazard tree issue

dated December 5, 2017 Attachment b1 Letter from the City of Olympia dated October 17, 2017 regarding

utilities and mitigation fees Attachment c1 Clarification Regarding Sewer Service for Hewitt Lake Heights

proposed preliminary Plat from Steve Sperr, P.E. Assistant City Engineer with attached map dated March 20, 2017

Attachment d1 Email from Alan Murley with the City of Olympia regarding use of

a grinder pump dated June 1, 2016 Attachment e1 Letter from the Nisqually Tribe dated March 17, 2016 Attachment f1 Letter from Jeff Pantier, PLS with attached Deed and map.

Letter addresses multiple issues including well and waterline, Deed, restrictive covenant for well, the proposed “tot lot” and style of multi-family dwellings from “four-plex” to “duplex”) dated February 17, 2016

Attachment g1 Letter from Jeff Pantier, PLS addressing comments from Alan

Murley with the City of Olympia. Letter addresses multiple issues including watermains, private access (Tract E) between the two culdesacs, a stub street (Tract F) and reconfiguration of flag lots. Additionally, the letter addresses sidewalks adjacent to lots 38 and 39, dated May 29, 2015


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Attachment h1 Letter from City of Olympia regarding utilities and mitigation fees

dated September 18, 2014 Attachment i1 Letter from City of Olympia regarding parks mitigation and play

ground equipment dated September 16, 2014 Attachment j1 Letter from City of Olympia (revised) regarding parks mitigation

dated September 16, 2014

Attachment k1 Letter from City of Olympia regarding SEPA mitigation and play equipment

Attachment l1 Letter from the Olympia School District regarding school

mitigation

Attachment m1 Letter from the WA Dept. of Ecology dated July 12, 2012 regarding toxic clean up and water quality

Attachment n1 Email from Cari Hornbein with City of Olympia dated July 12,

2012 regarding roads, transportation mitigation fees and City wellhead protection area.

Attachment o1 Email Kelli Lee dated October 30, 2019 forwarding email from

Tom Van Nuys dated October 29, 2019 regarding engress and ingress to site to and from Henderson Blvd.

Attachment p1 Email from Leonard Seifter dated October 17, 2019 regarding

zoning density, public access to Hewitt Lake, impacts to home values, impact to the lake and general environmental impacts (opposes project).

Attachment q1 Email from Tim Harrington dated October 14, 2019 regarding the

proposed picnic shelter, usage of the lake and native vegetation

Attachment r1 Email from Timothy B. Harrington and Kim M. Harrington dated December 5, 2017 regarding traffic impacts, proposed multi-family housing and related property values, traffic safety, vegetative buffers and access to lake by homeowners of Cheri Estates

Attachment s1 Letter from Daniel and Pamela Baer dated December 4, 2017

regarding removal of large trees and traffic impacts

Attachment t1 Email from Patrick Ely dated March 19, 2013 regarding ownership of roads, traffic and traffic safety

Attachment u1 Email from Paul and Melissa Maloney dated March 19, 2013

regarding storm drainage, traffic impacts and school impacts


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Attachment v1 Email from Steve Dietrich dated March 18, 2019 regarding compatibility of multi-family housing and related access, the project Traffic Impact Analysis and sight distance

Attachment w1 Email from Heather Baisch dated March 17, 2013 regarding

incompatibility of proposed multi-family housing, increased traffic, impacts to schools, destruction of forest and ecosystem and devaluation of property values, quality of life and crime

Attachment x1 Email from Dale Stafford dated March 17, 2013 Attachment y1 Email from Dr. Venn Peterson dated March 17, 2013 regarding

proposed multi-family housing impacts, traffic, impact to schools and overall project impacts

Attachment z1 Letter from David R. Murray dated March 10, 2013 regarding

property value degradation, higher housing density and traffic Attachment a2 Email from Dan and Sophia Gashel dated March 7, 2013

regarding safety, noise, traffic, school impacts, emergency services, property values, wetland impacts, crime and general impacts to the neighborhood

Attachment b2 Email from Ling Shang dated March 7, 2013 regarding sewer,

water quality, traffic and pedestrian impacts, vehicular access, fire access and utilities

Attachment c2 Email from Kim M. Harrington dated March 6, 2013 regarding

noise, safety for children, school impacts, emergency services, multi-family housing types, wetland and wildlife impacts, traffic, impacts to privacy and impact to property values.

Attachment d2 Email from Clydia J. Cuykendall dated March 6, 2013 regarding

benefits of the project, including urban infill and need for more urban housing. In favor of project.

Attachment e2 Email from Timothy B. Harrington dated March 2, 2013 regarding

loss of privacy, impact to property values, destruction of native vegetation and influx of Scotch broom after clearing.

Attachment f2 Email from Justin Baisch dated March 6, 2013 regarding multi-

family development, loss of property values, ecological impacts, traffic impacts and safety for children and change of neighborhood character

Attachment g2 Letter from Steve Deitrich (undated) regarding incompatibility of

multi-family housing, traffic and road design and the project Traffic Impact Analysis and site distance study.

Attachment h2 Design Review drawings and information Attachment i2 Preliminary Civil Plans


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Attachment j2 Preliminary landscaping plans Attachment k2 Townhome Exhibit

Documents

THURSTON COUNTY COMMUNITY PLANNING & ECONOMIC DEVELOPMENT ...€¦ · & ECONOMIC DEVELOPMENT ... (R 4-8) within the Olympia Urban Growth Area. A Class 4 Forest Land Conversion Permit