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 the Application of ) No. PLAT/PRRD ) McIntosh Ridge LLC. ) ) FINDINGS, CONCLUSIONS For Approval of a Preliminary Plat, ) AND DECISION Planned Rural Residential Development ) ) SUMMARY OF DECISION A request for approval of a Preliminary Plat and Planned Rural Residential Development to subdivide acres of land into ten (10) single-family residential lots and a acre resource use parcel with a single-family residence is GRANTED, with conditions. SUMMARY OF RECORD Request: McIntosh Ridge LLC, through Bob Balmelli, PE, (Applicant) requested approval of a Preliminary Plat and Planned Rural Residential Development (PRRD) to subdivide acres of land into ten (10) single-family residential lots and one (1) acre resource use parcel with a single-family residence. The subject property is located at the end of Nanitch Lane SE in Thurston County, Washington. 1 Hearing Date: An open record hearing on the request was held before the Hearing Examiner for Thurston County on March 7, Testimony: At the hearing, the following individuals presented testimony under oath: Robert Smith, Thurston County Development Services Department 1 The County s Staff Report denotes that the subject property is at the end of Nanitch Lane SW. However, the Thurston County Tax Assessor s records reflect that this tax parcel s physical address is 7730 NANITCH LN SE, Tenino, Washington The County Assessor s information will be utilized within this document Lakeridge Drive SW, Olympia, Washington (360) /FAX (360)

2 Jack King, Thurston County Roads and Transportation Department Gary Duvall, Thurston County Environmental Health Department Bob Balmelli, Applicant Representative Michael Kelley Louise Gillman Omey Nandyal Exhibits: At the hearing, the following exhibits were admitted as part of the official record: EXHIBIT 1 Development Services Planning & Environmental Section Report with the following Attachments: Attachment a Notice of Public Hearing dated April 19, 2004 Attachment b Zoning/Site Map, undated Attachment c Preliminary Plat Application, received May 20, 2004 Attachment d Planned Rural Residential Development Application, received May 20, 2004 Attachment e Project Narrative, undated Attachment f Preliminary Plat Map, dated April 23, 2004 Attachment g Mitigated Determination on Non-Significance, issued January 20, 2005 Attachment h October 25, 2004 Comment Letter from Robert Mead, Thurston County Public Health and Social Services Department - Environmental Health Attachment i January 12, 2005 Memorandum from Jack King, Roads & Transportation Services Attachment j June 17, 2004 Complete Application letter from Robert Smith, Development Services Department Attachment k June 23, 2004 Comment Letter from Rita Hutcheson, Fire Chief of Thurston County Fire District #4 Attachment l Comment Letter from Louise Gilman and Edward Anderson of Dancing Trees, LLC, dated July 7, 2004, including attachments Attachment m Comment Letter from Rebecca Waddell of Rutherglen, Inc., dated July 17, 2004 Page 2 of 13

3 EXHIBIT 2 Preliminary Plat Map/Site Plan, prepared by RB Engineering, dated April 23, 2004 EXHIBIT 3 Offsite Road Improvements, prepared by RB Engineering, dated April 24, 2004 EXHIBIT 4 EXHIBIT 5 Color photo of existing home built on Lot #2, submitted by Bob Balmelli Forest Management Plan dated May 9, 2001, submitted by Louise Gillman EXHIBIT 6 Letter from Thurston County Fire District #4, dated March 10, 2005 Upon consideration of the testimony and exhibits submitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS OF FACT 1. The Applicant requested approval of a Preliminary Plat and PRRD to subdivide acres of land into ten (10) single-family residential lots and one (1) acre resource use parcel with a single-family residence. The subject property is located at end of Nanitch Lane SE in Thurston County, Washington. 2 Exhibit 1, Staff Report, page 1; Exhibit 1, Attachments c and d. 2. The application was deemed complete on June 17, 2004, and vested under laws at that date, including the PRRD Ordinance. Exhibit 1, Staff Report, page 2; Exhibit 1, attachment j; Testimony of Mr. Smith 3. The subject property is hilly with a pronounced relief. The subject property has no slopes classified as landslide hazard areas. The site is presently vegetated with a mix of young conifer and deciduous trees and thick underbrush. There is a Type V stream originating on the property and flowing along the western boundary. The Applicant proposes to maintain a 25-foot undisturbed vegetation buffer along the stream corridor. The site is not within a 100-year floodplain and is not subject to the jurisdiction of the Shoreline Master Program. Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment e, f, and g; Testimony of Mr. Smith; Testimony of Mr. Balmelli. 4. The subject property and adjacent properties are zoned Rural Residential Resource One Dwelling Unit per Five Acres (RRR 1/5). The majority of surrounding properties have the use code of Designated Forest with tax parcels, ranging from three to five acres, established within some of these properties for single family homesites. 3 Only two properties, located to the east, Tracts 30 and 33 are currently developed with single- 2 Per Thurston County Tax Assessor s records, the legal description for Parcel is Section 15 Township 16 Range 1W TR 31 SURVEY The parcel s physical address is 7730 Nanitch Lane SE, Tenino, Washington For County tax purposes, tax parcels of three to five acres have been extracted from the larger parcel for development of single-family dwellings. Page 3 of 13

4 family dwellings. Substantial tracts of land to the north and west are undeveloped forestlands currently owned by PB Lumber LP of Dusseldorf, Germany. Exhibit 1, Staff Report, page 2. Exhibit 1, attachment e; Thurston County Tax Assessor Records. 5. The intent of a RRR 1/5 zoning district is to encourage residential development that maintains the County s rural character while providing opportunities for compatible agricultural, forestry, and other rural land uses. TCC 20.09A.010. Primary uses intended in the RRR 1/5 zone are agriculture (including forestry), single-family and two-family residential uses, home occupations, and accessory farm housing. TCC 20.09A.020. The harvesting of trees as crops is a desired and intended use for resource lands within the RRR 1/5 zone. TCC 20.09A.020; 20.30A.010, Definitions, Agriculture and Forest practices. 6. A Planned Residential Development is a unified development in which the subdivision and/or zoning regulations apply to the project as a whole rather than to its individual lots, in order to gain a more advantageous use of the land. TCC (103). Planned Rural Residential Developments are permitted within a RRR 1/5 zoning district. TCC 20.30A.020(4). 7. The purpose of Thurston County s Planned Rural Residential Development (PRRD) ordinance, TCC 20.30A, is to provide planned residential development in rural areas that maintains or enhances the County's rural character. PRRD developments accomplish this purpose by retaining large, undivided parcels of land to provide opportunities for compatible agricultural, forestry, and other rural land uses; protecting sensitive environmental resources; facilitating the creation of open space corridors; and minimizing impacts of road and utility systems. TCC 20.30A In Thurston County, the minimum lot size in the RRR 1/5 zone is five (5) acres for a single-family residential development. TCC 20.09A.050(2). Density bonuses are allowed with the creation of a PRRD. TCC 20.30A.060. Pursuant to the applicable PRRD Ordinance, a subdivision that qualifies as a PRRD is entitled to a density bonus of between 35 and 65 percent depending on the percentage of the entire parcel that the resource use parcel would represent. TCC 20.30A.060. In order to qualify as a PRRD, a development in the RRR 1/5 zone must contain a resource use parcel comprising of at least 60 percent of the site. TCC 20.30A.040(1)(d); Exhibits 1, Staff Report, page 3; Testimony of Mr. Smith. 9. A cluster subdivision is one designed with smaller lots than those allowed in a conventional subdivisions with the lots clustered on a portion of the entire parcel, thereby providing open space areas of a minimum of twenty percent of the total site area. TCC (20). By creating a clustered residential development with a large resource use parcel, developers are allowed exceptions from the density standards of the underlying zone. Exhibits 1, Staff Report, page 3; Testimony of Mr. Smith. Page 4 of 13

5 10. The Applicant proposes a acre resource use parcel that would occupy approximately 61 percent of the total property. Under TCC 20.30A.060(2), the Applicant is allowed up to a 36 percent density bonus. Taking advantage of the bonus, the Applicant proposes to subdivide the non-resource use parcel acreage into ten (10) clustered lots (Lots 2-11) that would range between.1.21 and 2.04 acres in size, with an average lot size of 1.37 acres. Seven (7) of the clustered lots are to be located on the southeastern portion of the property, ranging from 1.22 to 2.04 acres in size and three (3) of the lots are clustered in the northeastern corner of the site, ranging from 1.21 to 1.50 acres in size. TCC 20.30A.070(6)(d) requires that residential lots are to be grouped and not assembled in a linear configuration in order to retain the natural, rural character of the site and promote the integrity of the resource use parcel. Exceptions are allowed when unusual site conditions warrant such a different configuration. TCC 20.30A.070(6)(d). The Applicant seeks to create two (2) non-contiguous clusters, with one grouped and the other assembled in a somewhat linear fashion. Both of the cluster locations were selected because the topography is more favorable to residential sites and will leave a large open portion of the resource use parcel between the clustered lots, allowing for both drainage control and use of the existing gravel road system. Exhibit 1, Staff Report, pages 2-4;Exhibit 1, attachment e; Exhibit 2, Preliminary Plat Map; Testimony of Mr. Balmelli; Testimony of Mr. Smith; Testimony of Mr. King; Testimony of Ms. Gillman. 11. Permitted uses in a resource use parcel include agriculture/forest practices; passive recreation; natural areas that contain critical areas and associated buffers; and community and individual water systems, stormwater detention ponds, sewage systems and other facilities serving the subdivision. A single-family residence is an allowed use on a resource use parcel. One additional residential site is encompassed in the resource use parcel (Lot 1). All limitations on use of the resource use parcel must be noted on the plat map. Exhibit 1, Staff Report, pages 2-4; TCC 20.30A.040(3) and (5). 12. The resource use parcel for the project site is a large, contiguous tract that is bisected by an existing gravel road and 40 foot easement. The majority of the resource use parcel borders other forestry uses. TCC requires, to the extent possible, that the resource parcel is contiguous and, that if used for forestry purposes, shall not be bisected by roads where physical conditions would allow otherwise. The Applicant proposes to utilize said gravel road system which currently bisects the resource parcel. By utilizing the existing road, the Applicant will reduce environmental impacts which could be created by the development of a new roadway system. TCC 20.30A.070(5(c); Exhibit 1, Staff Report, pages 2-4; Exhibit 1, Attachment e; Exhibit 2, Preliminary Plat Map; Testimony of Mr. Smith; Testimony of Mr. King. 13. Forestlands on the development portion of the project site consist of unmarketable timber. Proposed lots are covered with young conifers that will be cleared for construction of single family residences. A forest practice application was deemed unnecessary for individual lot clearing and/or road construction. The resource parcel will be retained for use as forestland after residential development is complete. Exhibit 1, attachment e. Page 5 of 13

6 14. Access to the subject property is from the east and off Military Road SE. There is no western access to the proposed site; there would be only one internal road. The Applicant proposes to utilize the existing gravel road system to access all lots of the subdivision, upgrading it to a Thurston County 6-A classification road within the limits of the existing roadway easement. To provide access to the seven (7) southern cluster lots, the Applicant proposes to construct 350 feet of new 6-A classification roadway and a cul-desac for emergency vehicle turnaround. Such a design would require the Applicant to obtain a variance for grade. The Applicant has proposed off-site road improvements including upgrading the existing offsite road to a Thurston County 6-B or 6-A roadway, depending on location. Applicant has requested an abbreviated drainage plan due to the existing road and drainage system and because of the large open space area associate with the development. Thurston County Department of Roads and Transportation Services has submitted comments to the proposal and provided conditions. Exhibit 1, Staff Report, page 5; Exhibit 1, Attachment e, Attachment i; Testimony of Mr. King; Testimony of Mr. Balmelli. 15. A new Group B public water supply is proposed to serve all lots in the plat. Each lot would be served by an individual septic system. The public well site and related pump house facility would be located within the resource use parcel. The Applicant submitted a water system design and Thurston County Department of Public Health and Social Services has provided comments conditions to the proposal. Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment e and h; Testimony of Mr. King; Testimony of Mr. Balmelli. 16. The Applicant proposed low flow measures pursuant to Thurston County Policy SEPA.98.POL.804. This policy exempts PRRDs from obtaining water right permits from the Department of Ecology for a single 5,000 gallon per day withdrawal from public groundwater so long as the PRRD meets required mitigation measures. The mitigation measures require that all lots to be served by the new Group B public well are to be limited to a single 3-bedroom single family residence and that each residence may have only one (1) outdoor hosebib. In addition, the Applicant is required to submit low water use landscaping plans incorporating drought resistant plants and low water irrigation methods. These plans must become part of the CC&Rs for the plat and Thurston County Public Health Department must approve the landscaping plans. These mitigation measures are incorporated into the conditions of this approval. Exhibit 1, Staff Report, page 4; Exhibit 1, Attachments e and h; Thurston County SEPA Policy SEPA.98.POL The subject property is within the Tenino School District. Although the School District has not submitted comments, school impact mitigation was made a condition of the MDNS. The Applicant must reach agreement with the Tenino School District regarding Page 6 of 13

7 impact mitigation fees prior to final approval. 4 Exhibit 1, Staff Report, page 4-5; Exhibit 1, Attachments g. 18. Pursuant to the State Environmental Policy Act (SEPA), Thurston County was designated lead agency for review of environmental impacts caused by the proposal. The County issued a Mitigated Determination of Nonsignificance (MDNS) on January 20, 2005, which became final on February 3, No comments/appeals were received on the MDNS. The MDNS contains, among other things, conditions addressing stream protection and school impact mitigation. Exhibit 1, Staff Report, page 4; Exhibit 1, Attachment g; Testimony of Mr. Smith. 19. Thurston County reviewing agencies considered the proposal and recommended approval with conditions. The intent of review by other County agencies is to determine whether or not the proposed project can meet Thurston County s requirements for final plat approval. The information submitted for review is preliminary in nature and is not the final design for construction purposes. Comments were received from Thurston County Public Health and Social Services Department (Exhibit 1, Attachment h) and Thurston County Roads and Transportation Services (Exhibit 1, Attachment I). Both agencies provided conditions for approval of the application. Exhibits 1, Staff Report, page The subject property is outside of the current boundaries of a fire protection district. Thurston County Fire District #4 submitted a letter stating that District will continue to respond to emergency calls in the area and that the District will pursue annexation of this area into its service boundary. Exhibit 1, Staff Report, page 5; Exhibit 1, Attachment k. The Fire District submitted a second letter, dated March 10, 2005, reiterating this position. Exhibit Notice of hearing was mailed to property owners within 500 feet of the site and to other parties who had requested notice on February 22, Notice of the open record hearing was published in The Olympian and posted on site on February 25, Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment a. 22. At the open record hearing, public comment addressed the use of clustering, setbacks to allow for buffering of forestry impacts, private covenants pertaining to the subject property, and road development. Testimony was given that the development may not be split into separate clusters, that setback should be 150-feet in order to accommodate commercial logging, that private covenants require such setbacks, and road 4 The Hearing Examiner takes notice that the Tenino School District has not identified impacts to the school in the District as a result of the proposed development. He further acts on the presumption that when the School District does provide such identification the impacts will exist and will be mitigated pursuant to the mitigation agreement with the Applicant. For future preliminary plat hearings it is strongly suggested that the Applicant have agreements with the School District available as an exhibit for the record at the hearing. Without such evidence it is much more difficult to issue a finding that adequate school facilities are available or can be available. Page 7 of 13

8 improvements must conform with the property s CC&Rs. Testimony of Ms. Gillman; Testimony of Mr. Kelley; Testimony of Mr. Nandyal. 23. The County received two (2) public comment letters from adjacent property owners. Exhibit 1, Attachment l and m. The property owner of Tract 30, just east of the subject property, stated that the proposed setbacks for residential structures violate the recorded covenants of the property. 5 The witness stated that the Applicant s proposed setbacks would interfere with forest management practices on adjacent land, create safety hazards, and deprive adjacent property owners of certain valuable property rights. In addition, the property owner was concerned with urbanization of the area. Exhibit 1, Attachment l. The property owner of Tracts 27 and 28, north of the subject property, stated that the proposed development was not consistent with the rural character of the area but rather created a high-density urban region. Exhibit 1, Attachment m. In response, the County stated that they do not have the authority to enforce private covenants and that the pattern of proposed development is allowed under the applicable PRRD allowances. Exhibit 1, Staff Report, pages 5. CONCLUSIONS OF LAW Jurisdiction The Hearing Examiner is granted jurisdiction to hear and decide applications for Preliminary Plats and Planned Rural Residential Developments pursuant to RCW , TCC (A), and TCC Criteria for Review In review of a Planned Rural Resource Development, the Hearing Examiner considers the proposal with the requirements established in TCC 20.30A.040 and 20.30A.070. Criteria that are applicable to this proposal are as follows: PRRDs located within RRR 1/5 districts must contain a resource use parcel comprising at least 60 percent of the proposed subdivision. TCC 20.30A.040(1)(d). One single-family residence with accessory uses is permitted uses within the resource use parcel. TCC 20.30A.040(3). The resource use parcel must, to the greatest extent possible, be a single contiguous parcel and be shaped to be usable for resource uses. TCC 20.30A.070(5)(b). Roads or easements shall not bisect resource use parcels that are used for agriculture, forestry or sensitive resource protection where the physical conditions of the site would allow otherwise. TCC 20.30A.070(5)(c). 5 Section 6.19 of the Declaration of Easements, Covenants, and Restrictions of McIntosh Ridge Road Association provides that no structure shall be located closed than one hundred feet (100) from the edge of any road easement Private covenants are not within the jurisdictional authority of the Hearing Examiner. Page 8 of 13

9 Where consistent with other provisions of this chapter, the resource use parcel shall be contiguous with any abutting resource use parcel, open space, greenbelt, agricultural lands, commercial forestry lands, public preserves, parks, or schools. TCC 20.30A.070(5)(d). The subdivision shall be designed, to the extent consistent with other provisions of this chapter, to maximize the visibility of the resource use parcel and open space areas from adjoining collector roads, arterials, or state highways. TCC 20.30A.070(5)(e). Native vegetation must be retained in the resource use parcel to the extent that it is compatible with the intended use of the parcel and does not pose a risk to public safety. TCC 20.30A.070(5)(f). Any single-family residence and accessory uses within the resource use parcel shall be sited to maximize resource opportunities on the remainder of the parcel. TCC 20.30A.070(5)(g). The configuration and size of the lots within the subdivision must be varied and blend with the natural features of the site. TCC 20.30A.070(6)(a). Windfirm trees must be retained where they would screen residences from collector roads, arterials or state highways, unless they would unduly impede site development, be incompatible with the intended use of the resource use parcel, or pose a risk to public safety for motorists on those roadways. TCC 20.30A.070(6)(b). Residential lots must be grouped and not assembled in a linear configuration, unless unusual site conditions, such as wetlands, steep slopes, shorelines, or very narrow lots warrant a linear configuration. TCC 20.30A.070(6)(d). In addition, the following Preliminary Plat criteria in Thurston County Code must be satisfied: 1. Appropriate provisions are made for the public health, safety, other public ways, transit stops, potable water supplies, sanitary wastes, 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 who only walk to and from school; and 2. The public use and interest will be served by the platting of such subdivision and dedication. Conclusions Based on Findings 1. As conditioned, the proposed PRRD meets the requirements established in TCC 20.30A.020, 20.30A.040, and 20.30A.070 and satisfies applicable zoning development standards. The PRRD is an allowed use in the RRR1/5 zone. Based on the Ordinance Page 9 of 13

10 used for the review of this application the proposed resource use parcel contains 61 percent of the total site area, which qualifies the site for a bonus density credit of 36 percent or a maximum of eleven (11) dwelling units, including the residence on the resource use parcel. The proposed single-family residence within the resource use parcel is an allowed use and will comply with development standards. The resource use parcel is, to the greatest extent possible, a single contiguous parcel well suited to its intended resource use, forestry, and it abuts adjacent parcels currently developed with resource uses. An existing gravel road system bisects the resource parcel but utilization of the existing network will reduce environmental impacts. The configuration of the clustered lots in to two (2) non-contiguous, non-linear configurations is acceptable and meets the requirements of the PRRD ordinance. Findings of Fact Nos. 3, 4, 8, 10, 11, 12, 13, and With conditions, appropriate provisions will be made for the public health, safety, public ways, potable water supplies, sanitary wastes, schools and school grounds and all other relevant facts. An existing gravel road system, which will be upgraded both on and off site, will provide easterly access to all lots. Development Services staff has approved the preliminary drainage plan. As conditioned, the stormwater management system will comply with County development regulations. Potable water service to the ten (10) clustered lots, as well as the lot located in the resource use parcel, will be provided by a Group B well. Per Thurston County policy, each lot may be developed with 3-bedroom single family residence with one (1) hosebib. The Applicant will provide low water use landscape plans.. Each lot will have an individual on-site septic system. The Applicant shall enter into an agreement with Tenino School District to mitigate school impacts. Findings of Fact Nos. 12, 14, 15, 16, 17, 18, and With conditions of approval, the public use and interest will be served by the platting of the subdivision. The development will result in eleven (11) new singlefamily residences in Thurston County. The density of the plat will be consistent with the PRRD use allowed in the RRR1/5 zoning district. The design of the site has established perpetual protection for forestry practices and maintains the rural nature of the area. The proposed project design creates a large, contiguous resource parcel, protects sensitive environmental areas, provides for an open space corridor, and seeks to minimize road impacts. Findings of Fact Nos. 8, 10, and 12. DECISION Based on the preceding Findings of Fact and Conclusions, the Applicant s request for approval of a Preliminary Plat and Planned Rural Residential Development to subdivide acres of land into ten (10) single-family residential lots and one (1) acre resource use parcel with a single-family residence is GRANTED, subject to the following conditions 6 : 6 Affected property owners may request a change in valuation for property tax purposes. Page 10 of 13

11 A. Prior to final plat approval, the following health conditions shall be satisfied: 1. The public water supply for the proposed plat must be approved by all agencies with regulatory review authority and the system shall be constructed before final plat approval. 2. All public water lines must be extended to each lot of the plat before final plat approval. 3. A low-water-use landscaping plans shall be included as part of the CC&Rs for the plat. The landscaping plans shall be submitted for review prior to final plat approval. 4. Each lot of the plat is limited to a single three-bedroom residence and one outside hose bib. B. Prior to final plat approval, the following Roads and Transportation Department related conditions shall be satisfied: 1. The proposed roadway in concept and design shall conform to the 1999 Thurston County Road Standards. 2. Pursuant to Title Thurston County Code the developer shall execute an agreement, and provide a financial security, to assure successful operation of all required improvements. Said agreement shall be executed prior to final approval. Improvements not covered by this agreement are water, sewer and stormwater facilities. The utilities are addressed either by separate county ordinance by the utility purveyor. 3. The stormwater management system shall conform to the 1994 Thurston County Drainage Design & Erosion Control Manual and Title Thurston County Code. 4. A two-year operation & maintenance agreement and financial security for the proposed plat shall be executed prior to final approval. 5. Any utility work within the Thurston County Right of Way shall conform to the 1999 Thurston County Road Standards and Chapter Thurston County Code. These standards do not address specific city design requirements but rather focus on item such as restoration of the County right of way and traffic control. 6. 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. Page 11 of 13

12 7. The proposed grading or site work shall conform to Appendix J of the International Building, Title of the Thurston County Code and 1994 Drainage Design & Erosion Control Manual. 8. 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. 9. The final plat map shall note or delineate the following: a. "WARNING": Thurston County has no responsibility to build, improve, maintain or otherwise service the private road or driveway within or providing access to property described in this plat. 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 Nanitch Lane. c. If seasonal drainage crosses subject property, no filling or disruption of the natural flow shall be permitted. d. Storage requirements for runoff from buildings and parking surfaces shall be shown on individual building lots, including drywell sizing or storm drain connection points. 10. A Homeowners Association shall be formed and shall be responsible to maintain the on-site roadways in accordance with a Road Maintenance Agreement to be recorded at the time of final approval. C. Prior to final plat approval, all mitigation measures identified in the Mitigated Determination of Non-Significance dated January 20, 2005 shall be satisfied. Such mitigation measures include, but are not limited to, a 25-foot undisturbed vegetative buffer along the edge of the Type V stream corridor. Failure to satisfy these mitigation conditions shall prevent issuance of the final Plat approval. D. Street addresses, lot size, and dimensions for each lot shall be shown on the final map. E. The final design of the plat 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. F. Prior to final plat approval, the Applicant shall submit evidence to the Development Services Department that an agreement exists with the Tenino School District to mitigate Page 12 of 13

13 any impacts of this subdivision on District schools. The requirements of the agreement shall be stated on the final plat map. G. The following notes shall be shown on the final plat map: 1. This subdivision has been approved through provisions of the Thurston County Zoning Ordinance, 20.30A. Lot 1 is the resource use parcel required by the ordinance. It is approved for use as a single-family residential lot and forestry use. These restrictions remain in force and the property cannot be further subdivided until the property is annexed to a city or town. Special uses are not permitted on the Resource Use Parcel as the density bonus has been used. H. Lots 4, 5, 6, 7, 8, and 9 shall have a 25-foot undisturbed vegetation buffer from the development s back property line where they abut Lot 30 and/or 32. In addition, any homes constructed on theses lot will be placed no closer than 50-feet from the back property line. Lots 3 and 4 shall have a 25-foot setback from the access roadway. Decided this 29 th day of March, James M. Driscoll \\Tcbldg1d\VOL1\apps\track\Planning\Amanda Save File\Preliminary Plat ZJ\Decisions\ mcintosh ridge.decision.doc Page 13 of 13