BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY

Transcription

1 COUNTY COMMISSIONERS Cathy Wolfe District One Diane Oberquell District Two Robert N. Macleod District Three HEARING EXAMINER BEFORE THE HEARING EXAMINER FOR THURSTON COUNTY In the Matter of Application of ) PROJECT NO ) SEQUENCE NO XI ) Dave Topel, Topel Enterprises LLC ) FINDINGS, CONCLUSIONS AND ) DECISION ) For Approval of a Reasonable Use Exception. ) ) SUMMARY OF DECISION The request for approval of a Reasonable Use Exception to construct a single-family residence within a 50-foot Landslide Hazard Area buffer is GRANTED, subject to conditions. SUMMARY OF RECORD Request: Dave Topel of Topel Enterprises LLC (Applicant) requested approval of a Reasonable Use Exception (RUEX) to construct a single-family residence within a 50-foot Landslide Hazard Area buffer. The subject property is located at Promontory Court SE, Yelm, Washington. Hearing Date: An open record hearing on the request was held before the Hearing Examiner of Thurston County on April 10, Testimony: At the open record hearing the following individuals presented testimony under oath: Kim Pawlawski, Associate Planner, Development Services Department David Topel, Applicant Kurt Groesch, GeoResources Inc. Exhibits: At the open record hearing the following exhibits were admitted into the record: 2000 Lakeridge Drive SW, Olympia, Washington (360) /FAX (360)

2 EXHIBIT 1 Development Services Planning & Environmental Section Report with the following Attachments: Attachment a Notice of Public Hearing Attachment b Reasonable Use Exception Application, dated September 15, 2005 Attachment c Geodata Map and Assessor Data for Parcel Attachment d Site Plan dated February 27, 2006 Attachment e Narrative Summary from Dave Topel, dated October 20, 2005 Attachment f Geological Assessment Landslide Hazard Geotechnical Letter prepared by GeoResources LLC, dated January 25, 2006 Attachment g Revegetation Plan prepared by Heidi Haslinger, Conservation Northwest, Inc., dated January 31, 2006 Attachment h Aerial Photos of Site Attachment i Plat Map of Clearwood Division 15, dated December 1975 Attachment j Critical Area and Buffer Notice Attachment k Letter from Washington State Department of Ecology, dated January 23, 2006 Attachment l Memorandum from Tom Gibbs, Thurston County Environmental Health, dated January 17, 2006 EXHIBIT 2 from David Topel to Kim Pawlawski, April 5, 2006 Based upon 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 RUEX to construct a single-family residence within a 50-foot Landslide Hazard Area buffer. The subject property is located at Promontory Court SE, Yelm, Washington, and is identified as Assessor Parcel Number Exhibit 1, Staff Report, page 1; Exhibit 1, Attachments b, c, and d. 2. The subject property is Lot 1 of Clearwood Division 15, which was platted in The Thurston County Critical Areas Ordinance (CAO) was adopted on December 20, 1993 and became effective on February 1, The subject property has not been altered Page 2

3 through the subdivision or boundary line adjustment processes since the effective date of the CAO. The Applicant purchased the property in March of Exhibit 1, Staff Report, pages 1 and 6; Exhibit 1, Attachments c and i. 3. The subject property is zoned Rural Residential, Two Dwelling Units Per Acre (RR 2/1). Exhibit 1, Staff Report, page 2. The purpose of the RR 2/1 zone is to encourage development which will enhance and preserve the semi-rural residential character of areas characterized as: (1) containing large or scattered areas having moderate physical limitations for development; and (2) are in the path of urban development, but do not currently have services required for urban-level development. TCC Primary permitted uses in the RR 2/1 zone include agriculture, single-family and two-family residences, and home occupations. TCC The subject property is an irregularly shaped, 0.37-acre parcel that is located at the tip of a peninsula that extends into Clear Lake. Lot 2 of Clearwood Division 15, which is developed with a single-family residence, borders the subject property to the west, and Clear Lake borders the subject property to the north, east, and south. The character of development in the vicinity of the site is single-family residential. The subject property is currently undeveloped. Exhibit 1, Attachment f, pages 1-2; Exhibit 1, Attachments c, h, and i. 5. The subject property slopes down to Clear Lake to the north, east, and south. The upper, central portion of the subject property is relatively flat, with slopes ranging from 10 to 20 percent. The slope gradients to the north, east, and south are approximately 55 percent, 70 percent, and 90 percent, respectively, with a total vertical height of approximately 22 feet. Exhibit 1, Attachment f. The slopes on site are classified as landslide hazard areas. 1 Section of the Thurston County Code (TCC) requires a minimum 50-foot buffer of native vegetation from the top of a landslide hazard area. TCC ; Exhibit 1, Staff Report, page Because the subject property contains landslide hazard area slopes on three sides, the slopes and required buffers cover virtually the entire lot, preventing single-family residential development of the subject property. Exhibit 1, Attachment d; Exhibit 1, Staff Report, page 4. 1 TCC defines Landslide Hazard Areas as follows: Landslide hazard areas means those areas which are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors; and where the vertical height is fifteen feet or more. The following areas are considered to be subject to landslide hazards: 1. Any area with a combination of: a. Slopes of thirty percent or steeper, and b. Impermeable subsurface material (typically silt and clay), frequently interbedded with granular soils (predominantly sand and gravel), and c. Springs or seeping groundwater during the wet season (November to February); 2. Steep slopes of fifty percent or greater; 3. Any areas located on a landslide feature which has shown movement during the past ten thousand years or which is underlain by mass wastage debris from that period of time; 4. Any soil type contained on Table 6 and which does not lie along the shoreline of Puget Sound. Page 3

4 7. The Shoreline Master Program for the Thurston Region (SMPTR) designates Clear Lake as a Shoreline of the State, and the Clear Lake shoreline as a Rural Environment. SMPTR, Section Six, Map31; SMPTR, Section Five(V)(C). Section Three, Chapter XVI of the SMPTR contains policies and regulations applicable to residential development within the shoreline. The shoreline includes land within 200 feet of the ordinary high water mark and any associated floodplain or wetlands. RCW (3)(f). The proposed development area is within 200 feet of the ordinary high water mark of Clear Lake. Rural Environment development regulations require a minimum building setback of 50 feet from the ordinary high water mark. The proposed residence would be more than 50 feet from the ordinary high water mark. SMPTR, Section Three (XVI)(D)(3)(c); Exhibit 1, Attachment d. 8. The Applicant submitted a Geological Assessment and Landslide Hazard Geotechnical Letter for the site (Exhibit 1, Attachment f), which was prepared by consultants at GeoResources, LLC under the direction of a licensed geologist and a professional engineer. The near-surface soils consist of glacial till, and are possibly underlain by bedrock. The Soil Survey of Thurston County indicates that the soils consist of Baldhill very stony sandy loam on 3 to 15 percent slopes. These soils are listed as having a slight erosion hazard. GeoResources did not observe any evidence of seepage, active landslide activity, significant erosion, or any other landslide indicators during a visit to the site. Based on its review of the available data and a site reconnaissance, GeoResources concluded that the site is suitable for the proposed residence. GeoResources provided recommendations for development of the site, including that the foundation along the north wall extend approximately six feet below ground surface to increase the setback from the face of the slope. Exhibit 1, Attachment f. 9. The Applicant proposes to construct a two-story single-family residence with an attached garage, a deck, and a covered porch. The building footprint would be 2,728 square feet. Additional impervious surfaces would include the driveway and the entrance to the garage (820 square feet total). A septic drainfield would be installed southwest of the residence. The development envelope (cleared area) would total 5,474 square feet. The building setbacks from the top of the slopes would vary, but would be at least 15 feet for the main part of the residence. The proposed deck would be approximately ten feet from the top of the north-facing slope, and the covered porch would be at least eight feet from the top of the east-facing slope. The existing driveway would be seven feet from the top of the south-facing slope. Exhibit 1, Attachments d & g; Exhibit 1, Staff Report, page County staff submitted that the size of the proposed residence (3,304 square feet including the first floor, second floor, and attached garage) would be larger than average size of surrounding residences (2,188 square feet), but did not request that the Applicant reduce the scale of the residence. As depicted on the Clearwood Division XV plat map, the subject property is larger than the other lots in the immediate vicinity. Exhibit 1, Staff Report, page 4; Exhibit 1, Attachments e & i. Page 4

5 11. The Applicant submitted a revegetation plan for the site, which provides for restoration of the development envelope after construction. The plan provides for the planting of 43 mid-size shrubs and canopy trees and the re-planting of salvaged low-level shrubs. No trees outside of the development envelope would be removed. Exhibit 1, Attachment g. 12. In order to reduce buffer impacts, the proposed site plan does not provide for a yard area. The County submitted that future single-family residential use of the property may result in disturbance of the critical areas if the development boundary is not clearly defined. Staff recommended that the Applicant install a permanent fence and signs along the reduced buffer edge prior to construction. Exhibit 1, Attachment g; Exhibit 1, Staff Report, pages 5 and Roof runoff from the residence would be tightlined to a dry-well system within the upland portion of the site. GeoResources determined that infiltration of the runoff through a drywell system would be feasible due to the Baldhill series soils. In accordance with the requirements of the Thurston County Drainage Design and Erosion Control Manual, the drywell would be set back 25 feet from the top of the slope and ten feet from residence. Exhibit 1, Attachments d & f. 14. The Thurston County Environmental Health Department reviewed the application and recommended approval. Exhibit 1, Attachment l. 15. Notice of the open record hearing was mailed to properties within 500 feet of the site on March 28, 2006, posted on site on March 30, 2006, and published in The Olympian on March 31, Exhibit 1, Attachment a; Exhibit 1, Staff Report, page 2. CONCLUSIONS Jurisdiction: The Hearing Examiner is granted jurisdiction to hear and decide applications for Reasonable Use Exceptions pursuant to Chapter of the Revised Code of Washington and Chapter of the Thurston County Code. Criteria for Review: Pursuant to TCC (C), the Hearing Examiner shall grant a Reasonable Use Exception if: 1. No other reasonable economic use of the property as a whole is permitted by this chapter; 2. No reasonable economic use with less impact on the critical area or buffer is possible; 3. The requested use or activity will not result in any damage to other property and will not threaten the public health, safety or welfare on or off the development proposal site; 4. Any alteration to a critical area is the minimum necessary to allow for reasonable economic use of the property; and 5. The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line thereby creating the undevelopable condition after the effective date of this chapter. Page 5

6 Conclusion Based on Findings: 1. Based on the list of principally permitted uses in the RR 2/1 zone, the size of the site, and the character of the neighborhood, a single-family residence is the only reasonable economic use of the property. The critical areas and buffers on site preclude single-family residential development. Findings Nos. 3, 4, 5, and Because a single-family residence is the only reasonable economic use of the site, no reasonable economic use with less impact on the critical area or buffer is possible. 3. As conditioned, the construction of a single-family residence would not result in damage to other property and would not threaten the public health, safety, or welfare. The Applicant provided sufficient evidence that the slopes are stable and can support the development proposed. The disturbed areas would be re-vegetated after construction. Roof runoff from the residence would be infiltrated on site in accordance with the requirements of the Thurston County Drainage Design and Erosion Control Manual. Findings Nos. 8, 11, and As conditioned, the proposed alteration of the landslide hazard area buffers is the minimum necessary to allow for reasonable economic use of the property. Despite the large amount of living space proposed, the Applicant proposes a compact development footprint that is as far from the slopes as possible. No lawn areas are proposed; the protective fencing recommended by staff would be installed within a few feet of the residence. Based on these factors, as well as the relatively large size of the lot, the proposed alteration is the minimum necessary to allow reasonable economic use of the property. Findings Nos. 4, 5, 6, 9, 10, 11, and The inability of the Applicant to derive reasonable use of the property is not the result of actions by the Applicant. Finding No. 2. DECISION The request for approval of a Reasonable Use Exception to construct a single-family residence within the 50-foot buffer of a landslide hazard area is GRANTED, subject to the following conditions: 1. Development of the site shall substantially comply with the Site Plan dated January 31, 2006 (Exhibit 1, Attachment d), except as modified by the conditions of this decision. 2. Prior to or in conjunction with the issuance of any building permit, all applicable regulations and requirements of the Thurston County Environmental Health Division, Thurston County Roads and Transportation Services Department and the Thurston County Development Services Department shall be met. 3. Prior to the issuance of a building permit, the Applicant shall record with the Thurston County Auditor a document similar to the attached Critical Area and Buffer Notice (Attachment j), a site plan showing the Rural shoreline and landslide hazard areas and Page 6

7 their associated buffers, as well as the Hearing Examiner Decision, indicating that the property is within a critical area and setting out the mitigating conditions imposed upon the subject property. 4. No structures or land clearing not incidental to the preparation of the home site and any residential appurtenances shall be permitted on the property. Prior to the commencement of any land clearing activities, the Applicant shall mark the trees that will be removed and County staff shall visit the site to verify that vegetation clearing meets the conditions of the permit. 5. A monitoring report that evaluates the plant survival and success of the revegetation shall be submitted annually for a period of three (3) years from the date of installation of the plantings. The monitoring plan shall ensure an 80 percent survivability of plantings. 6. Prior to the issuance of a building permit, an irrevocable assignment of funds to the County is required. The assignment of funds shall be in the amount of 120 percent of the cost of the installation and the three-year monitoring for the mitigation. The assignment of funds will be released when the Planning and Environmental Section of the Development Services Department has reviewed and approved the final monitoring report. If the mitigation proposal, as approved, is not implemented, the County may cash the letter of credit in order to complete the installation of the vegetation. 7. Prior to any construction-related activity or clearing of the property, a permanent splitrail (not solid) fence shall be installed between the edge of the reduced landslide hazard area buffer and the development area. The fence may be constructed in sections, as long as the gaps between sections do not exceed ten feet. Barbed wire is prohibited. The fence shall be designed to establish clearing limits and promote preservation of the buffer, yet allow wildlife to pass through the area. The edges of the buffers shall be accurately located prior to installation of the fence. Assistance from a geologist may be required. 8. The portion of the subject property between the fence and the property lines shall be replanted in accordance with the Revegetation Plan Addendum dated January 31, 2006 (Exhibit 1, Attachment g) prior to approval of the final inspection of the residence. 9 The perimeter of the reduced landslide hazard area buffer on the upland must be marked with four permanent metal face signs along the buffer boundary, as identified on the preliminary site plan. A template for these signs can be obtained from the Thurston County Development Services Department. The signs must be a minimum of 9 by 18 of heavy gauge aluminum affixed to 4 by 4 pressure-treated wood posts. The signs must be placed approximately 4 feet above the ground surface and face away from the slope. The signs must be installed prior to approval of the final inspection of the singlefamily residence. 10. The septic drainfield shall be constructed so that vegetation removal is minimized. Erosion and sediment control devices shall be installed prior to any construction activity or clearing of property to prevent upland sediments from flowing off the property into the wetland. Page 7

8 11. Future removal of trees within the landslide hazard area, rural shoreline and their associated buffers must be reviewed by Thurston County Development Services Department staff at the time of the proposed removal. This includes the identification of the tree(s) as hazardous. This will require a certified arborist to determine whether the tree(s) presents a hazard to surrounding structures. This may also include requirements for mitigation and replanting to replace the function and value of the tree(s) proposed for removal. 12. All construction-related activities must occur outside of all buffers impacting the subject property, including the Rural shoreline buffer and the reduced landslide hazard area buffer. Any encroachment into the Rural shoreline buffer will require approval of a Shoreline Administrative Variance. Any additional encroachment into the reduced buffer for the landslide hazard area will require approval of a new Reasonable Use Exception. 13. All construction must meet the 2H:1V requirements outlined in the geotechnical report dated January 25, 2006 (Attachment f). Any additional construction-related activities not reviewed in this Reasonable Use Exception and corresponding geotechnical report will require additional studies to verify stability of the site at that time. DECIDED this 25 th day of April DRISCOLL & HUNTER Hearing Examiners for Thurston County By: James M. Driscoll \\Tcbldg1d\VOL1\apps\track\Planning\Amanda Save File\Reasonable Use Exception XI\Decisions\ decision.topel.doc Page 8