BEFORE THE HEARINGS EXAMINER

BEFORE THE HEARING EXAMINER

FOR THE CITY OF COLLEGE PLACE

In the Matter of the Application of

Hayden Homes

For Preliminary Plat

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Homestead Village PUD

Phase III Preliminary Plat

FINDINGS, CONCLUSIONS, AND

DECISION

SUMMARY OF DECISION

The requested preliminary plat subdividing 37.24 acres within the Homestead Village PUD into

122 single-family residential lots and multiple tracts for stormwater management, streets, utility easements, open space, and landscaping in College Place, Washington is GRANTED subject to conditions.

SUMMARY OF RECORD

Request:

Hayden Homes (Applicant) requested approval of a preliminary plat subdividing 37.24 acres into

122 single-family residential lots and multiple tracts for stormwater management, streets, utility easements, open space, and landscaping in Phase III of the Homestead Village PUD.

Hearing Date:

The College Place Hearing Examiner held an open record hearing on the request on July 13,

2015 and conducted an unescorted site visit the same day.

Testimony:

At the open record hearing the following individuals presented testimony under oath:

Jon Rickard, Senior Planner, College Place Community Development Department

Nathan Machiela, Applicant Representative

Jason Mattox, Applicant Representative

John Waterbrook

Rodney Loomer

Jeff Fernald

Mike Baker

Brian Howton

Bernice ‘Bunny’ Baker

Exhibits:

At the open record hearing the following exhibits were admitted in the record:

1

1.

Community Development Staff Report for the July 13, 2015 public hearing with the following attachments:

1.

Preliminary Plat Application

2.

Preliminary Plat Survey Phase 3

3.

Resolution No. 782 – Establishing the Homestead Village PUD

4.

Determination of Non-Significance – June 25, 2015

5.

SEPA Checklist – February 25, 2015

6.

Mailing List

7.

Notice of Application

8.

Union Bulleting ad proof

9.

CPMC 17.33.200 – Common Open Space Requirement

10.

CPMC 16.20.010

11.

Fire Marshal 4 th

Street Emergency Access MEMO, June 29, 2015

12.

[none submitted]

13.

Public Works Director Preliminary Plat Review, June, 2015

14.

City Engineer Preliminary Plat Review, June, 2015

15.

CPMC 16.32 Survey and Plat Standards

16.

Land Use Element, 2008 Comp Plan

17.

Parks and Open Space, 2008 Comp Plan

18.

Policy CF-1K – Capital Facilities Element, 2008 Comp Plan

19.

CPMC 16.24 & 16.28 – Code Criteria for Approval

20.

Storm Water Design Drainage Study Report, Updated February 2008

21.

Preliminary Storm Analysis Letter – June 18, 2015

22.

Preliminary Geotechnical Investigation – June 2006

23.

Slope Stability Study – October 2006

24.

Preliminary Civil Plans – March 2015

25.

Public Comment a.

Terry & John Waterbrook b.

Joan & Brian Howton c.

Rodney Loomer d.

Steven G. Rose e.

Jeffrey Fernald f.

Rogers Adventist School, Clare Thompson, Principal

26.

PowerPoint Presentation

1 After close of the record, on July 23, 2015 the Applicant submitted additional comments relating to the secondary emergency access requirement. These comments were not timely and are not admitted in the record.

Findings, Conclusions, and Decision

College Place Hearing Examiner

Homestead Village PUD, Phase III Preliminary Plat page 2 of 17

27.

Traffic Impact Analysis, Kittleson & Associates, January 2007

28.

Email comments from Planning Staff and Nathan Machiela regarding post-hearing clarification on construction hours and fencing in the proposed public park, submitted timely on July 14, 2015

Upon consideration of the testimony and exhibits admitted at the open record hearing, the

Hearing Examiner enters the following findings and conclusions:

FINDINGS

1.

The Applicant requested approval of a preliminary plat subdividing 37.24 acres into 122 single-family residential lots and various tracts to be controlled by a homeowners association as Phase III of the Homestead Village PUD. The subject property is located near the intersection of SW Doans and SW Homestead Avenues and abuts the City limits at its western and southern boundaries.

2

Exhibit 1; Exhibit 1, Attachments 1 and 2 .

2.

Proposed on 70 acres annexed in 2006, the Homestead Village Planned Unit

Development (PUD) was approved on December 10, 2007 when the City Council adopted Resolution No. 782, which established conditions of approval controlling all future development within the PUD. Resolution 782 authorized up to 321 dwelling units.

To date, 144 lots have been approved through Phase 2. The Phase 3 preliminary plat would add 122 lots, for a developed total of 266 units. Two future development tracts proposed in Phase 3 would add up to 55 single-family townhomes when built out, for a final total of 321 dwelling units. Exhibit 1; Exhibit 1, Attachment 3; Rickard Testimony .

3.

The instant application was submitted March 31, 2015 and deemed to be complete for the purposes of project review on June 25, 2015. Exhibit 1, Attachment 1; Rickard

Testimony .

4.

The subject property has an R-75 zoning classification with the PUD overlay and is designated Urban Residential 4 to 7 DU Per Acre by the City of College Place

Comprehensive Plan land use map. Exhibit 1 .

5.

Historically, the subject property was farmed; however it has been vacant for a number of years. Topographically, the site contains a steep slope averaging between 50 to 60 percent grade. The lower and upper terrace areas on either side of the steep slope are relatively flat with slopes of two to five percent. Doan Creek flows through the northern area of the overall PUD, approximately 700 foot to the north of the subject site.

Vegetation currently on-site is comprised primarily of shrubs and grasses. Known wildlife consists of hawk, songbirds, quail, wild turkey, pheasant, ducks, and geese, and badger, deer, and coyotes have also been reported. No known species on-site are listed as either Threatened or Endangered pursuant to the federal Endangered Species Act.

Exhibit 1; Waterbrook Testimony .

2 The subject property is known as Tax Parcel Nos. 3350735700002, 0003, and 0004. Exhibit 1 .




6.

Historically, the subject property was farmed but has been taken out of production in recent years. Surrounding land use to the west of the site is Martin Airfield and farm land. To the south and east is rural residential development ranging in size from one to seven acres, and to the east are lands owned by Walla Walla University, Walla Walla

Valley Academy, and Rogers Elementary. The western and southern boundaries of the

Homestead Village PUD and the northern right-of-way for W. Whitman Drive mark the city limits for College Place. Whitman Drive is the only arterial access to the site. All vehicular trips access via either SW Doans Ave or SW Homestead Avenue which both intersect with W Whitman Drive. Exhibit 1 .

7.

The proposed plat would create 122 single-family residential lots on its 37.24 acres, resulting in residential density of 4.75 units per acre, consistent with the R-75 requirements. Lots would range from 3,600 to 12,471 square feet in area and would be developed in three sub-phases with infrastructure being extended by phase. The 122 proposed single-family lots would be developed in subphases 1, 2, and 3 with construction starting to the north and working towards the south property boundary. The following required setbacks would be confirmed for the 122 proposed lots at the time of building permit review: 10 feet for front of building; 20 feet front of garage; 10 feet for rear; 10 feet for alley loaded garage; 10 feet for side streets; and internal side setbacks would vary from two to five feet. Any structure set back less than five feet would be required to comply with the 2012 International Residential Code. Maximum allowed lot coverage by impervious surface would be 50%.

Exhibit 1; Exhibit 1, Attachments 2 and

3; Rickard Testimony .

8.

In addition, two tracts for future development would be set aside in sub-phases 1 and 2:

Tract 1 (2.77 acres) in subphase 1 and Tract 2 (2.71 acres) in subphase 2. No further subdivision of lots is proposed within Tracts 1 and 2, which would be developed with small, free standing structures to be leased for residential tenancy. Similar product has been recently developed in Walla Walla, with individual cottage-like residences ranging from 400 to 1,000 square feet. Each unit would have an individual foundation meeting building code setbacks and would be capable of future subdivision and sale, but presently the units are proposed to be rentals with the underlying land for units and communal parking owned and maintained by the homeowners association. Machiela Testimony .

9.

The College Place Municipal Code requires PUDs to provide 15% of the total site area for usable common open space. College Place Municipal Code (CPMC) 17.33.200

.

Phase 3 proposes to provide 6.72 acres or 18% of the overall site area as open space. The proposal includes dedication of 1.94 to the City of College Place as a public park.

Additionally, proposed Tracts 4 and 5 would be permanently retained in its present condition (native vegetation, slopes) and maintained by a Homeowners Association.

Exhibit 1; Exhibit 1, Attachment 2 .

10.

A traffic impact analysis (TIA) was prepared for the Homestead Village PUD in 2007, which contemplated the impacts of 342 dwelling units on the surrounding infrastructure.




The TIA projected that the full PUD would result in 3,020 new average daily trips and

310 new PM peak hour trips. Operational analysis for projected 2013 traffic volumes at all study intersections revealed that project traffic would operate at better than minimum operational standards during weekday PM peak hours except for the critical eastbound shared through/left turn movement at Whitman Drive and College Avenue, which was forecasted to operate at level of service (LOS) F. This intersection met traffic signal warrants. The TIA concluded that with signalization and striping modifications, the affected intersection would operate at acceptable levels. The TIA also reviewed projected total traffic volumes at study intersections in the year 2025 and concluded that all intersections except for the Whitman/Larch intersection would fall to LOS F; all other intersections (including Whitman/College with its signal) would operate above minimum standards. Exhibit 27 . The Applicant would be required to contribute to the signalization at Whitman/College by payment of a traffic impact mitigation fee of $3,163.22 per acre developed to be paid at the time of final plat approval for each phase. Exhibit 1; Rickard

Testimony .

11.

Access to all proposed single-family lots would be by new public streets built to City standards and in accordance with Resolution No. 782. The application proposed to stub the new streets of Homestead and Doans Avenues at the southern property boundary.

On-street parking requirements were established by Resolution No. 782, condition 14v, which requires parking for 1.6 vehicles per lot of on-street parking as applied to each phase College Ave/Whitman Dr. Signal. Exhibit 1; Exhibit 1, Attachment 3 .

12.

The site’s steep slopes would be entirely contained within proposed Tracts 4 (1.51.acres) and 5 (3.27 acres) and left undeveloped. Any structures on lots backing onto Tracts 4 and

5 would be required to be set back at least 15 feet from the toe of the slope, consistent with the 2012 International Residential Code as adopted by the City. Exhibit 1; Exhibit

1, Attachment 2; Rickard Testimon y.

13.

In order to screen the proposed higher density residential development from existing low density development, the proposal includes a six-foot fence around the perimeter of each phase of the PUD where it abuts adjacent properties. This requirement was established in the 2007 PUD approval. Additionally, larger lots are proposed along the site perimeter abutting residential development providing 20-foot backyard setbacks. Exhibit 1; Exhibit

1, Attachment 1; Rickard Testimony; Machiela Testimony .

14.

Residents of the plat would be served by the facilities of School District #250 (the

District), which operates Davis Elementary School, John Sager Middle School, and

College Place High School, as well as by two private schools, Rogers Elementary and

Walla Walla Valley Academy. Sidewalks and multi-use paths are proposed and existing throughout the PUD. The developer constructed a half mile long multi-use pathway on

Whitman Drive that connects the development’s pedestrian facilities to the existing city network of pedestrian facilities. The District was notified of the proposed plat and submitted no comments indicating concerns regarding safe walking conditions or




capacity impacts from the new students generated by the plat. Exhibit 1; Rickard

Testimony .

15.

Currently, College Place has 17.5 acres of public parks. The City's Comprehensive Plan level of service (LOS) requirement for parks is two acres per thousand people. Given the current census population of 9,110 and an estimated additional population of 428 residents from Phase 3, the park inventory no longer satisfies the City’s park LOS. The

Comprehensive Plan recommends that development mitigate parks impacts through dedication of land or payment of fees-in-lieu of dedication. The proposal includes the dedication of 1.94 acres for a City park. The proposed dedication would increase the park inventory to 19.44 acres, which would be within the LOS established in the

Comprehensive Plan. Exhibit 1; CPMC 16.20.010

.

16.

Fire protection would be provided by City of College Place Fire District. Application materials were routed to the Fire Marshal for review and comment. The Comprehensive

Plan establishes the City’s emergency response standard as “Respond to 90% of calls with 6 minutes and to maintain the City’s existing fire protection rating from the

Washington Survey and Rating Bureau.”

College Place Comprehensive Plan, Section II,

Policy CF-1K . The Fire Marshal determined that with the alternatice emergency access required by the original PUD approval (Resolution No. 782, Condition 11), the preliminary plat substantially satisfies the requirements for fire protection facilities within the subdivision. At hearing, Staff noted that while condition 11of Resolution 782 required alternate emergency vehicle response route and a 4 th street extension is a logical route, the specific secondary emergency access route has not been finally determined. –

There would be no need to develop the route to public road standards; emergency access requires all surface roads but can be restricted access and not open to the public. The specific route would be required to be established prior to final plat in order to satisfy the response time standard of the Comprehensive Plan. Exhibit 1, Attachment 11; Rickard

Testimony .

17.

All proposed lots would connect to City of College Place municipal water and sewer utilities. Exhibit 1 . A sewer lift station and force main have already been installed in

Phase I of the Homestead Village PUD, and all new sewer would be routed to this facility. Domestic water is currently along Doans and Homestead Avenues, but a new, looped water main is required along 4 th

Street alignment north of the site to which the instant plat would connect. Mattox Testimony .

18.

A stormwater design and drainage study report was prepared in 2008 for the overall

Homestead Village PUD. The report was accepted at the time as evidence of preliminary feasibility for management of all runoff from new impervious surfaces consistent with the

Stormwater Management Manual for Eastern Washington. The preliminary design for the overall PUD included four public detention pond facilities and six private ponds.

3

No

3 Runoff generated within public rights-of-way, on other public property, and private driveways that connect to public rights-of-way is treated in public systems, while runoff from private residences and private facilities is treated in private systems. Exhibit 1, Attachment 20, page 4 .




detailed stormwater management plan was submitted with the Phase 3 application materials. Conceptually, the proposal includes a detention facility for private runoff to be located in Tract 5. Placement and sizing of such a pond would be determined through additional geotechnical review prior to civil construction plan submittal. Exhibit 1,

Attachment 20; Exhibit 1 . At hearing, the Applicant’s engineer noted that PUD Phases 1 and 2 have detention ponds that discharge partially to a wetland. Phase 3’s new pond or ponds would be designed to infiltrate in the site’s permeable soils at the top of the bluff.

Updated geotechnical review would be required to support the proposal prior to construction. All of the Phase 3 private stormwater facilities would provide overflow to the City’s public stormwater system. Mattox Testimony .

19.

The Public Works Director reviewed the proposal and determined that with conditions of approval, the preliminary plat would substantially satisfy requirements for adequacy of the proposed street system, sewage disposal, and water supply systems for the new subdivision. Conditions included the following: a.

Sewer and water shall be available to all lots. b.

Sewer and water shall follow City’s design requirements. c.

Water shall be sized to meet water demands including fire flow. d.

Conditions established in Resolution No. 782 shall be met.

Exhibit 1, Attachment 13 . These conditions were included in the conditions of plat approval recommended by Planning Staff. Exhibit 1 .

20.

The College Place City Engineer reviewed the proposed plat and made recommendations regarding the following topics. Exhibit 1, Attachment 14 . a.

Resolution 782, Condition 27.i requires that “specific design plans” be “submitted for review with each phase”. The Applicant submitted a general overview of the storm plans for the full Phase 3, but not at the level of detail that would satisfy the

Resolution 782 requirement for a “specific design plan”. Because the proposal would be built in three separate sub-phases, the City Engineer determined that the general overview was acceptable at the time of preliminary plat if conditioned as follows: “Hayden Homes shall confirm that Phase 3 shall be developed in at least two or more phases and that a full stormwater design and report for each subphase under the preliminary plat is submitted to the City to the satisfaction of the

City Engineer.” b.

Resolution 782, Condition 14.v.1 requires that each phase in the PUD provide 1.6 parking stalls per lot. The plan submitted by Hayden Homes is only illustrative for a small area of the Phase 3 and only provides for 1 vehicle per lot, not the required 1.6 vehicles per lot. The City Engineer recommended the following condition: “Hayden Homes shall modify the plat layout and civil plans as necessary to provide on-street parking consistent with Resolution 782, Condition




14.v.1 and shall provide one or more plans to the city demonstrating this condition is met.” c.

The Geotechnical Investigation report (June 2006) did not include geotechnical recommendations on the allowable proximity of stormwater infiltration facilities to the top of the bluff and slope setbacks from bottom of bluff in Tract 2. The

City Engineer recommended the following condition: “Hayden Homes shall provide Washington-registered engineer stamped geotechnical recommendations regarding the allowable proximity of stormwater infiltration facilities to the top of the bluff and slope set-backs from the bottom of the bluff and modify civil designs as necessary to observe the recommendations.” d.

Resolution 782, Condition 10 and 14. i. required a future connection to Suncrest

Terrace to include an agreement for a future right-of-way dedication, which was not shown on the civil plans, and no evidence of a right-of-way dedication agreement was submitted. The City Engineer recommended the following condition: “Hayden Homes shall include line work for the future proposed alignment with their construction drawing submittals as necessary to ensure

Phase 3 facilities are coordinated with the future Suncrest Terrace alignment.

The plat shall either show a dedication for the Suncrest Terrace alignment or

Hayden Homes shall execute an agreement acceptable to the City to that effect.” e.

At the time of application, a completed stormwater design for Phase 3 was not submitted. The preliminary plat currently shows the one public storm facility as a “Temporary Stormwater Management Facility”. The City requires public stormwater facilities to be dedicated to the City and noted as “Common

Maintenance Areas” to be maintained by the community association on the plat.

The City Engineer recommended the following condition: “Hayden Homes shall dedicate all stormwater facilities handling public stormwater to the City of

College Place and shall note as such on the plat along with a designation that such dedications are also “Common Maintenance Areas” to be maintained by the community association.” f.

Resolution 782, Condition 7 states required all grades through and within 150’ of intersections to be minimized to the City Engineer’s satisfaction. The extent of final grades for intersections on the bluff has not been approved. As of the date of comments, the Applicant was continuing to explore options for modifying profiles to avoid extensive cuts through the bluff to include possible elimination of some intersections. The City Engineer recommended the following condition:

“Hayden Homes shall minimize grades through intersections on the bluff to the satisfaction of the City Engineer.” g.

The proposed annexation document does not currently include maintenance of

“Common Maintenance Areas”, to include storm facilities dedicated to the City, as a community association obligation. The City Engineer recommended the




following condition: Hayden Homes shall submit executed and recorded annexation documents that include “Common Maintenance Areas” to be maintained by the community association.

Exhibit 1, Attachment 14 .

21.

Planning Staff noted that the following goals and policies of the College Place

Comprehensive Plan are applicable to the proposed subdivision:

Goal LU-8 In residential areas, make pedestrian and vehicular traffic as safe as possible.

Policy LU-8B Encourage the installation of safety zones, sidewalks, crosswalks, lighting, parking regulations, etc., and other safety features to protect the public and pedestrian and vehicular traffic.

Policy LU-9A The City should encourage the use of “Planned Unit Developments”, single and multi-family development, and mobile home parks all with related green strips and open spaces within.

Policy CF-1K The City will strive to maintain the following levels of service:

Water Supply: 140 gallons per capita per day

Sanitary Sewer Collection: 110 gallons per day per capita

Emergency Medical Facilities: Respond to 90% of the emergency calls within 6 minutes

Fire: The City’s existing fire protection rating from the Washington

Survey and Rating Bureau.

Exhibit 1; Rickard Testimony.

22.

In review of the instant application, the College Place Community Development

Department was designated lead agency for review of environmental impacts caused by the proposed preliminary plat pursuant to the State Environmental Policy Act (SEPA). In conducting its SEPA analysis, Community Development Staff reviewed the complete application, site plans, and an environmental checklist. On June 25, 2015, the SEPA

Responsible Official issued a determination of non-significance (DNS) with a 14-day comment period as established at Washington Administrative Code (WAC) 197-11-

340(2) ending July 8, 2015. No SEPA comments were submitted and no appeal was filed. The DNS became final on July 9, 2015. Exhibit 1, Attachments 4 and 5; Rickard

Testimony .

23.

The following agencies were contacted with notice of the proposal and the proposed

DNS: College Place Postmaster, all City departments, Cascade Natural Gas, Columbia

Rural Electric Association, Basin Disposal Inc., Charter Digital Cable, PacifiCorp,




School District #250, Qwest, NoaNet, PocketiNet, SpectrumNet, Valley Transit, Walla

Walla County Public Works, City of Walla Walla, Washington State Department of

Ecology and SEPA contacts. Exhibit 1 .

24.

Notice of the July 13, 2015 public hearing was mailed to 106 surrounding property owners and parties of interest, posted on-site, and published in the Walla Walla Union

Bulletin on June 25, 2015. Exhibit 1, Attachments 6, 7, and 8 .

25.

The City received public comment on the proposal in writing prior to the hearing and verbally on the record at hearing. Neighbors residing on the large single-family residential parcels in the adjacent unincorporated areas submitted many concerns, both in writing and in testimony at hearing, relating to the following: loss of privacy and the open, rural feeling of the area as a result of adjacent, denser development; noise from construction and from the future residents; slow law enforcement response times due to the fact that their parcels are served by the County sheriff; inadequate parking within the project; impacts to wildlife presently living in and around the subject property; increased crime; potential impacts to existing utilities across the backs of their parcels; increased traffic on rural roads; and objections to the proposed density. In written comment, neighbors asserted that the proposed residences would be inhabited by low income populations and contended that there would be increased crime in their existing rural neighborhood as a result of the development. Neighbors asserted that the proposed cedar fence would not be adequate as privacy protection, noise barrier, or to prevent trespass and crime on their properties; they requested a taller fence – eight to ten feet – or in the alternative requested it be made of concrete blocks and/or have no-climb features at the top to prevent kids from the new development from climbing into their back yards. One neighbor expressed concern that the plat provides inadequate play areas, which would lead child residents of the plat to unsafe and/or inappropriate after school situations including crime. Many neighbors opposed the stubbed street ends adjacent to the shared property boundaries. Exhibit 1, Attachments 25A through 25F; Testimony of John

Waterbrook, Rodney Loomer, Jeff Fernald, Mike Baker, Brian Howton, and Bernice

‘Bunny’ Baker

.

26.

In response to public comment, Planning Staff noted that although street connectivity is typically required to facilitate future road extension, in the present case the City would not require the proposed public streets to be fully stubbed to the property boundaries abutting County property along the south lot line. Instead, utilities could be extended to the boundaries but both Homestead and Doans Avenues could stop at the southern edge of Conestoga Street, and the stub right-of-way ends would be allowed to remain as lawn or otherwise landscaped areas to be maintained by the homeowners association. The perimeter fence would be continuous along the southern property boundary, blocking the stub ends. The City requested that the Applicant provide some kind of fence separating the publicly dedicated park land from open space Tracts 4 and 5, in order to clearly demark areas for which City maintenance is required. Regarding density, Staff noted that the proposal is consistent with the underlying zoning code and was established by

Resolution 782 in 2007, and that the denser, less traditional portions of the proposal




would be placed at the toe of the slope, away from the adjacent rural residential area.

Staff noted there is no further requirement for screening between varying densities established in the City Code and that the City has no standards for fencing that allow them to require specific designs to exclude neighbors between residential developments.

Staff asserted that County residents adjacent to the plat could call the City Police

Department for issues arising from conflicts with neighbors in the City limits. Regarding construction, the City’s noise ordinance requires quiet hours between 11 pm and 7 am.

Impacts to wildlife are addressed in College Place through SEPA review, and no party commented on the DNS during the comment period. Rickard Testimony .

27.

In response to public comment, the Applicant representative offered the following information. The perimeter fence would go all the way around the project without breaches. Regarding prevention of trespass onto adjacent rural residential parcels, the

Applicant representative noted that people who want to do so can climb over a ten-foot fence. Although the City doesn’t have requirement for any specific style or height of fence, and the PUD left it for future determination, he agreed to take the neighbors’ requests for a noise-barrier fence back to team and would consider a six-foot block wall or other more substantial fence. He noted that the density allowed by the 2007 PUD is up to seven units per acre and proposal calls for only 4.75 units. The project includes more than the minimum amount of open space, and the overall PUD creates a large amount of open space with retained critical areas. The density around the perimeter is not higher than contemplated at the time of PUD approval. Finally, the Applicant representative noted that their company develops homes accessible to first and second time home buyers. Machiela Testimony.

28.

Considering all public comment and the record as a whole, Planning Staff recommended approval of the preliminary plat with conditions. Rickard Testimony; Exhibit 1 .

CONCLUSIONS

Jurisdiction:

Pursuant to CMPC 2.50.070, the Hearing Examiner has jurisdiction to conduct an open record hearing and to decide applications for preliminary plat.

Criteria for Review:

Pursuant to CPMC 16.20.010, no plat shall be approved unless adequate provision is made in the subdivision for such drainage ways, streets, alleys, easements, parks, playgrounds, site for schools, school grounds, and other general purposes as may be required to protect the public health, safety, and welfare.

Applicable Provisions in the Municipal Code:

CPMC 16.24.010 Conformance required . All Subdivisions shall conform to the College Place comprehensive plan and zoning regulations in effect at the time any plat of a subdivision is




submitted for approval. Lots shall be of sufficient area, width and length to satisfy zoning requirements.

CPMC 16.24.020 Improvements . All public improvements shall be designed and constructed in accordance with the design standards as compiled and promulgated by the city engineer and adopted by the council.

CPMC 16.24.040 Fire protection facilities and water supplies . a.

Water sources and facilities adequate for fire protection purposes shall be provided in every subdivision by the developer. b.

Fire hydrants must be located as close to an intersection as possible with intermediate hydrants along the street to meet the spacing requirements of the Uniform Fire Code,

Washington Administrative Code and Fire Chief. The source of water shall be sufficient to provide the minimum fire flow for at least two hours daily in addition to other consumptive uses. Fire hydrants shall be of a type approved by the city engineer. c.

Distribution mains and fire hydrants shall be installed in conformance with standards set forth in this title and of the appropriate fire department or fire protection district prior to the construction of any structure in a subdivision. d.

Where fire hazards exist, the council may require the removal of flammable vegetation form an area used as a fire break around or within a subdivision.

CPMC 16.24.050 Lot—Access .

Every lot shall be provided with adequate frontage on a public street or a private lane connecting to an existing public street.

CPMC 16.24.100 Streets . All subdivisions shall be served by one or more public streets providing ingress and egress to and from the subdivision at not less than two points unless approved otherwise by the council.

CPMC 16.24.130 Intersections . Street intersections shall be nearly at right angles as is practicable and in no event shall be less than seventy-five degrees. Offset street intersections will not be permitted unless approved otherwise by the city engineer.

CPMC 16.24.200 Streets-Emergency access . Street networks shall provide ready access for fire and other emergency vehicles and equipment and route of escape for inhabitants.

CPMC 16.24.240 Easements—Drainage and storm sewer . a.

Easements for watercourse drainage channels and ways or streams shall be coordinated with existing and applicable floodplain zoning ordinance. Title 17 of this code, and shall be of sufficient width to assure that the same may be maintained and improved. b.

Easements for storm sewers shall be provided and shall be of sufficient width and proper location to permit future installation.

CPMC 16.24.250 Easements—Utilities .




a.

Easements for electric, telephone, television, water, gas, and similar public utilities shall be a minimum width of ten feet or sufficient additional width to assure future maintenance. b.

The installation such facilities shall be underground. c.

Easements for the same shall be sufficiently wide and so located as to permit future installation of underground utilities. d.

The easements shall be located adjacent to the lot line on one side of the lot line.

Easements shall not be located on the lot lines.

CPMC 16.28.020 Street and side slopes . a.

All streets, including alleys, shall be improved by grading the full right-of-way width to the cross section standards as established by the city. b.

Street and alleys shall be constructed of asphaltic concrete, portland cement or bituminous surface treatment pavement or equal over base and leveling courses all to the approval of the city engineer. c.

Finished side slopes adjacent to the rights-of-way shall not exceed a ratio of width to the height of two to one.

CPMC 16.28.030 Curbs, sidewalks and storm drainage systems . All streets within a subdivision shall be constructed with curbs and gutters, street lighting, street signs, sidewalks and storm sewers or drywell where applicable, as directed by the city engineer.

CPMC 16.28.040 Water distribution system . Water supply facilities adequate to provide potable water from a public water supply source to each lot within a subdivision shall be installed in conformity to standards of the city.

CPMC 16.28.050 Sanitary Sewer . The subdivision shall be provided with a complete sanitary sewer collection system servicing each lot designed for human habitation.

Conclusions Based on Findings:

1.

As conditioned, the proposed plat makes adequate provision for streets, alleys, easements, and drainage, and would meet the requirements of College Place Municipal

Code Chapter 16.24, Design Standards, including: fire protection, lots access, streets and intersections, emergency access, and easements. It would comply with Chapter 16.28 for design of street and side slopes, and would make appropriate connection to the municipal water and sewer utilities available to each lot. Conditions would ensure that stormwater would be managed on-site in conformance with the requirements of the Stormwater

Management Manual for Eastern Washington, the City’s stormwater design requirements, and site-specific geotechnical recommendations. Findings 1, 4, 7, 10, 11,

16, 17, 18, 19, 20, and 26 .

2.

The public health, safety, and general welfare would be served by the proposed subdivision of the land. The land is zoned for residential development at up to seven units per acre. The proposed density of 4.75 units per acre satisfies both current zoning and the density approved by City Council in 2007 for the overall PUD. The proposed




lots comply with applicable bulk dimensional requirements. Although the City code does not require a perimeter buffer or any specific screening between adjacent residential development, the proposed perimeter fencing, larger lots around the perimeter, and 20foot back yard setbacks provide a transition zone between existing large lot residential development outside City limits and the proposed development. The project would exceed minimum open space requirements, retaining steep slope areas in their existing condition. The proposal was reviewed by the City Engineer, Fire Marshal, and the Public

Works Director; each City representative submitted recommended conditions for approval of the plat. The proposal would dedicate 1.94 acres permanently to the City for public park development, bringing the City’s park inventory up to current standards.

Safe walking to area schools would be provided on sidewalks developed in the proposed public streets that would connect to existing sidewalks and multi-use pathways that connect to area schools. There are no school sites within the subject property. No critical areas would be impacted. The proposal was reviewed for compliance with SEPA and a

DNS was issued. As conditioned, the plat complies with the City of College Place

Comprehensive Plan. A condition would ensure compliance with all applicable requirements of the original PUD approval, Resolution 782. Findings 1, 2, 3, 4, 5, 6, 7,

8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27, and 28 .

DECISION

Based upon the preceding findings and conclusions, the requested preliminary plat subdividing

37.24 acres within the Homestead Village PUD into 122 single-family residential lots and multiple tracts for stormwater management, streets, utility easements, open space, and landscaping is GRANTED subject to the following conditions:

1.

Lot Pattern and Density.

The density of the development is approximately 4.5 dwelling units per acre (Urban Residential Land Use 4-7 dwelling units per acre). The PUD will utilize the density bonus as allowed by code. The zoning designation is R-75 with a PUD overlay. The proposed uses for the PUD are single-family residential and open space.

Lot range in size 3,932 SF to 9,285 SF. Yard setbacks are 10ft – front of buildings, 20ft

– front of garage, side setbacks will vary from 2-5ft (any structure with a setback less than 5ft shall be built in accordance with the 2012 IRC), 10ft – street side and 10ft – rear yard. Maximum lot coverage at 50%. Setbacks are measured from property corners set by a surveyor licensed in the State of Washington. (Resolution 782, No. 1)

2.

Screening.

A neighborhood fence shall be constructed along the boundary of Phase 3, including areas where road right-of-way terminates at property lines. (Resolution 782,

No. 2) The fencing shall at a minimum be six feet tall and sight-obscuring.

3.

Grade on the Homestead Avenue alignment is not to exceed 8% at any point. (Resolution

782, Condition No. 4)

4.

Hayden Homes shall minimize grades through intersections on the bluff to the satisfaction of the City Engineer. (Resolution 782, Condition No. 7)




5.

College Ave/Whitman Dr. Signal. The Applicant or successor shall pay to the City of

College Place $3,163.22 per acre developed due at final plat approval of each phase.

(Resolution 782, Condition No. 12-amended)

6.

Public Dedication of Streets: Streets and future street extensions shall be dedicated to the

City of College Place as part of final plat approval. Hayden Homes shall include line work for the future proposed alignment with their construction drawing submittals as necessary to ensure Phase 3 facilities are coordinated with the future Suncrest Terrace alignment. The plat shall either show a dedication for the Suncrest Terrace alignment or

Hayden Homes shall execute an agreement acceptable to the City to that effect. Right-ofway dedication shall be made for the future southern extensions of SW Doans Ave and

SW Homestead Ave, roadway improvements in the areas south of SW Conestoga Street shall be terminated with curb and gutter just south of the pedestrian intersection improvement. The remaining unimproved right-of-way shall be irrigated and maintained by the Home Owners Association until such future extensions are made. Screened fencing shall be provided at the termination of the right-of-ways. (Resolution 782, No

14-amended)

7.

Parking requirements: Blocks averaging less than 60 ft. of frontage per lot shall provide at least 1.6 vehicles per lot of on-street parking and shall invoke a non-revocable CCR that stipulates that residents shall only park any of the vehicles (including recreational vehicles, boats, etc.) that they own or that are registered in their name or in the name of their immediate family on their driveways and within their garages. The CCR shall prohibit parking of vehicles at any time across sidewalks. No more than 30% of on-street parking stalls shall be compact. Hayden Homes shall modify the plat layout and civil plans as necessary to provide on-street parking consistent with Resolution 782, Condition

14.v.1 and shall provide one or more plans to the city demonstrating this condition is met.

(Resolution 782, No 14-amended)

8.

In the event of discovery of any artifact of historic or cultural value, all construction is to cease until such discovery has been reported and investigated by appropriate state and local agencies. (Resolution 782, Condition No. 21)

9.

Construction dust and noise shall be controlled using best management practices. No construction shall take place between the hours of 11 p.m. and 7 a.m. (CPMC 8.20.040F)

(Resolution 782, Conditions No. 24)

10.

All improvements shall be designed by a professional engineer licensed to practice in the state of Washington. (Resolution 782, No. 25)

11.

Post-Phase 2 Emergency Route. The developer shall provide an additional route to subsequent phases (beyond Phase 2) that afford a response time to the furthest extent of development that is in accordance with the Fire Department’s Level of Service goal as outlined in the College Place Comprehensive Plan. (Resolution 782, Condition No. 11)

12.

Stormwater. All stormwater facilities shall be designed to meet the guidelines and recommendations of the most recent version of the Stormwater Management Manual for

Eastern Washington at the time of each sub-phase approval. Stormwater facilities shall be a combination of private and public facilities that shall serve the full area of the plat




for the 25-year, 24-hour storm. Lot layout and number of lots may be adjusted as necessary to provide stormwater facilities compliant with the Stormwater Management

Manual for Eastern Washington Stormwater. Dedications of stormwater facilities shall be made to the City of College Place. The homeowner’s association shall maintain all stormwater facilities serving Phase 3 regardless of ownership. (Resolution 782,

Condition No. 27 pertaining to stormwater-amended)

13.

In accordance with each sub-phase, a full stormwater design and report for each subphase under the preliminary plat shall be submitted to the City to the satisfaction of the

City Engineer.

14.

The developer shall dedicate all stormwater facilities handling public stormwater to the

City of College Place and shall note as such on the plat along with a designation that such dedications are also “Common Maintenance Areas” to be maintained by the community association.

15.

The developer shall provide Washington-registered engineer stamped geotechnical recommendations regarding the allowable proximity of stormwater infiltration facilities to the top of the bluff and slope set-backs from the bottom of the bluff and modify civil designs as necessary to observe the recommendations.

16.

Hayden Homes shall submit executed and recorded community association annexation documents that include “Common Maintenance Areas” to be maintained by the community association.

17.

Water System Looping. Water system looping will be required beyond phase 2.

(Resolution 782, Condition No. 32-amended)

18.

Private Utilities. The following private utilities shall be provided in Phase 2 (CPMC

1616.050): a.

Electrical Power b.

Natural Gas c.

Telephone d.

Cable

19.

Undergrounding. All private utilities shall be undergrounded. (CPMC 16.24.250 B.)

20.

Public Utility Easements (PUEs) within the subdivision need to be added along all lot frontages.

21.

Addresses shall be placed on the final plats.

22.

The survey and plat shall conform to the requirements set forth in Chapter 16.32.

23.

Prior to dedication acceptance, the 1.94 acre park shall be improved with an irrigation system and landscaped with turf suitable for active recreation. The park shall be stubbed with water and sewer utilities. A driveway approach shall be provided on SW

Homestead Ave. The southernmost boundary of the park shall be delineated by the installation of a minimum 42 inch tall fence. The northernmost boundary of the park shall be delineated by the installation of a 72 inch tall sight obscuring fence to be




installed on the adjacent residential lots and to be maintained by each individual homeowner. Fences bordering the park shall be installed with a 12”x12” concrete mowing strip.

24.

Except as amended herein, the preliminary plat shall comply with Resolution 782 which established overall conditions for Homestead Village PUD.

25.

The subdivider shall prepare detailed construction plans, profiles and specification for the required improvements in accordance with Chapter 16.24 Design Standards, 16.28

Development Standards and the College Place Standard Specification for approval by the

City Engineer as to the specifications and design and any conditions imposed. Upon approval by the city engineer, the subdivider may develop the subdivision’s facilities and improvements. (CPMC 16.16.170)

4

Decided July 27, 2015.

By:

Sharon A. Rice

College Place Hearing Examiner

4 The recommended conditions of approval included the following as number 8: “Condition No. 20 of Resolution

782 “The City Engineer shall impose other design requirements as necessary to ensure an adequate and safe design.” has been determined to be too broad. Condition No. 20 shall be removed as a condition of approval of the

Preliminary and Final PUD.” Conditions on later permits are not an appropriate way to modify earlier approved land use decisions after their appeal periods have run and condition number 8 has been removed. More specific design requirements can be imposed consistent with applicable law in effect at the time of each application’s submittal.




BEFORE THE HEARINGS EXAMINER

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