City of Tacoma NOTICE OF

City of Tacoma Planning & Development Services 747 Market Street, Room 345 Tacoma, WA 98402

NOTICE OF DECISION

Date of Decision: May 13, 2015

Appeal Period Ends:

Application complete: May 12, 2015

Applicant: Tony Balmelli, Balmelli Engineering, 7411 Prine

Drive SW, Olympia, WA 98512

Location: 1239 East 54th Street, Parcel Number 0320222126

Application No(s): PLT2014-40000233559 (HEX2014-037)

Proposal: Preliminary Plat of “Heritage Gardens”, to

subdivide the subject property into thirty-eight (38) lots. The site is located in the “R-2” Single-Family Dwelling District.

For further information regarding the proposal, log onto the website at http://tacomapermits.org and select "Message Board". The case file may be viewed in Planning and

Development Services, 747 Market Street, Room 345.

Appeal Procedures:

Reconsideration to the Office of the Hearing Examiner: Any person

having standing may request reconsideration of the Hearing Examiner’s decision, based upon errors of procedure or fact, by submitting a request in writing to the Office of the Hearing Examiner: 747 Market Street, Room 720, Tacoma, WA 98402.

Appeal to Hearing Examiner: Pursuant to TMC 1023.160, any aggrieved

person or entity may appeal to Superior Court for the State of Washington provided, however, that those determinations regarding civil penalties, as set forth in TMC 1.23.050.B.20 and subsection B.21 shall be appealable to the Tacoma Municipal Court. Any court action to set aside, enjoin, review or otherwise challenge the decision of the Examiner shall be commenced within 21 days of the entering of the decision by the Examiner, unless otherwise provided by statute.

Staff contact: Charla Kinlow, Associate Planner

747 Market St, Room 345, Tacoma, WA 98402; 253-594-7971; [email protected] Environmental Review: Pursuant to WAC 197-11-9-800 and the City of Tacoma’s SEPA Procedures, a Determination of Non-Significance

(DNS) was issued on March 6, 2015. The appeal deadline closed on March 20, 2015. No appeals were filed.

The City of Tacoma does not discriminate on the basis of disabilities in any of its programs or services. Upon request, special accommodations can be provided within five (5) business days by contacting the City Clerk’s Office at 591-5171 (voice) or 591-5058 (TDD)

OFFICE OF THE HEARING EXAMINER

CITY OF TACOMA

REPORT AND DECISION

APPLICANT: Balmelli Engineering, Tony Balmelli, for Ryan Williams, CFW, EEC

FILE NO.: HEX 2014-037 (PET2O14-40000233559) “Heritage Gardens”

SUMMARY OF REOUEST:

A request to subdivide one (I) parcel of land into thirty-eight (38) individual lots for theconstruction of single-family dwellings and one (1) tract for access.

LOCATION:

The site is addressed as 1239 East 54th Street, and falls between East 54th Street and Eastsr’ Street between East “E” Street and East “M” Street, together with an area east of East“M” Street, all within Section 22 Township 20 Range 03 Quarter 24. The 5.27 acre parcelis located within the City’s “R-2” Single Family Dwelling District. CFW, EEC is alsoconcurrently seeking a street vacation of the east 35 feet of East “E” Street, which wouldadd property at the west side of the development site and facilitate the anticipated layout.If the street vacation is accomplished, the total property available for the developmentwould be 5.72 acres.

DECISION:

The requested preliminary plat is approved subject to conditions and contingent upon theTacoma City Councils approval of associated Street Vacation Petition No. 124.1342.

PUBLIC HEARING:

After reviewing the report of the Planning and Development Services Department(PDSD), examining available information on file with the application, and visiting thesubject site and surrounding area, the Hearing Examiner conducted a public hearing on theapplication on April 9, 2015. The evidentiary record was reopened by the HearingExaminer on April 15, 2015, to allow for supplementary information from the parties onspecific topics. Responsive material was received on May 4, 2015, and the record wasthen closed.

I. ii

FINDINGS. CONCLUSIONS. AND DECISION:

FINDINGS OF FACT:

1. Balmelli Engineering, on behalf of Ryan Williams, CFW, LLC, filed anapplication for approval of the preliminary plat for a residential subdivision known as“Heritage Gardens.” The subdivision contains thirty-eight (38) lots for the construction ofsingle-family dwellings and one (1) 30-foot wide private road tract. Kinlow Testimony;Lx. 1, Attachment A 1; Ex. 3. The proposed layout of the development is depicted onExhibit 3.’

2. The property site is addressed as 1239 East 54ih Street in Tacoma and fallsbetween East 54th Street and East 52nd Street between East “L” Street and East “M” Street,together with an area east of East “M” Street, all within Section 22 Township 20 Range 03Quarter 24. The developed portion of the site would total approximately 5.72 acres.Kinlow Testimony; Lx.].

3. The site and surrounding area was originally zoned “R-2” Single-FamilyDwelling District in 1953. There have been no zoning changes in this area since itsoriginal designation. The Comprehensive Plan designates the site as being located withinthe “Single-Family Detached Housing Area.” Further, the Comprehensive Plan locatesthe outer portions of the site within the “Tier I” Primary Growth Area and the area in themiddle of the City block as “Tier II” Secondary Growth Area. Intensity and Tierdelineation maps are appended to the PDSD report as Attachments “A-2” and “A-3”. Lx.1. Tier I areas are characterized by urban levels of development where all necessaryservices and infrastructure to support such development either exist or are planned fordevelopment within a six-year period. Tier II areas are areas already characterized byurban growth where key public facilities and services are generally available. One ormore key facilities may not be available or not meet the adopted level of service standards.Comprehensive Plan, Land Use Development LU-9 through LU-JO. In this case necessaryservices and infrastructure are available to the subdivision site or will be constructed aspart of the development. The property is included in the Eastside Neighborhood. Lx. 1.

4. The surrounding area is zoned “R-2” Single-Family Dwelling District and isdeveloped primarily with single family dwellings. The properties in the neighborhood aregenerally around 5,000 square feet in size and have an average width of 50 feet. KinlowTestimony; Lx. J.

5. The site being developed will encompass 5.27 acres, together with .45 acres

An earlier version of the proposed plat cofflained 37 lots in a slightly different configuration. Theapplicant confirmed that the 38 lot plan on Exhibit 3 is the accurate design.

FINDINGS, CONCLUSIONS,AND DECISION

of adjacent property, which is being pursued through an associated street vacationapplication, for a total of 5.72 acres. The property is L-shaped with Lots I through 12fronting on East “L” Street and Lots 13 through 32 fronting on East “M” Street. Lots 33through 38 front on East 5401 Street and/or Tract “A”, an access tract that connects to East54th Street. The property is mostly flat and is presently undeveloped. An existing house is

located on Lot 38 and it will remain in place. The area has been used for agriculture in thepast.2 Ex. 1; Ex. 3. A wetland analysis report, prepared for the project by a consultant andreviewed by the City, established that there are no wetlands, streams, or critical areasbuffers present. Ex. 4.

6. East 52nd Street abuts the site to the north and is a developed asphalt concreteroad 60 feet wide with intermittent curb and gutter and a line of mature deciduous treesabutting the site. East ~ Street abuts the site to the south and is a developed asphaltconcrete road that is 70 feet wide with curb and gutter and a line of mature evergreen treesbordering the site. East ‘1” Street, to the west of the site is a developedoilmat/bituminous surfaced road that has no curb, gutter, or sidewalk.3 The East “M”Street right-of-way is undeveloped at this time and would be improved to City standardsas part of the project. EL 1; Ex. 3.

7. A trip generation and transit analysis for the project was prepared by Heath& Associates, Inc. The analysis concluded that the project would have a minimal impacton local roadways and the transit system. Ex. 5.

8. Concrete sidewalks will be installed along East 54Lh Street, East 52~’ Street,and East ‘I” Street abutting the site. Sidewalks will be placed along both sides of thenewly developed segment of East “M” Street. Ex. 1, pp. 15-16. The sidewalks connectwith other developed sidewalks in the area that will provide children in the subdivision asafe route for walking to school.

9. The preliminary plat submitted has been prepared in accordance with thestandards for new subdivisions as set forth at Tacoma Municipal Code (TMC) 13.04.100.EL 2.

10. The Heritage Gardens plat would result in a density of 6.64 units per acrewith an average lot size of 5,529 square feet. The minimum lot size would be 5,000

2 In November 2011, the property was apparently listed on the historic register for its association withTacoma’s Scandinavian heritage and farming history. On June 10, 2014, the historic designation wasrescinded due to economic hardship. Lx. I, p. 2.

East “L” Street has a 90-foot right-of.way that is proposed for reduction to 60 feet in a pending streetvacation petition filed by Heritage Gardens. The street vacation is conditioned on the Applicant executing adeed to the City conveying any interest the Applicant holds in a 5-foot strip of property lying in the center ofthe East “L” Street right-of-way. The resulting right of way will be 95 feet in width. The vacation of 35feet of the right-of-way will leave 60 feet remaining for street purposes. See, Lx. 6.


square feet. Ex. 1; Ex. 3; Ex. 6. Typical lot size in the “R-2” District is 5,000 square feetwith a minimum average lot width of 50 feet. Ex. 1, pp. 1-2.

11. The plat will be connected to City of Tacoma water, stormwater, sewer, andpower utilities. Natural gas to the area is provided by Puget Sound Energy.

12. The proposed subdivision has been reviewed by a number of governmentalagencies and utility providers. None object to approval of the proposed subdivision;however, numerous conditions concerning utilities, access, public safety and constructiontechniques have been recommended. Ex. 1, Attachments A 4 through A-12. TheApplicant concurs in the recommended conditions. Burns Statement.

13. Pursuant to the State Environmental Policy Act (SEPA) administered underthe Washington Administrative Code (WAC) 197-11-800 and the City of TacomaEnvironmental Regulations administered under TMC Chapter 13.12, the SEPA Officialissued a Determination of Environmental Non-significance for the proposed action onMarch 6, 2015. The deadline for appealing this determination passed on March 20, 2015,and no appeal was filed. Ex. 1; Ex. 2.

14. The PDSD’s Preliminary Report, as entered into this record as Exhibit 1,accurately describes the proposal, general and specific facts about the site, applicablesections of the Generalized Land Use Element (GLUE), and applicable regulatory codes.The report is incorporated herein by reference as though fully set forth.

15. Written notice of the public hearing was mailed to all property owners within400 feet of the site, the appropriate neighborhood council and qualified neighborhoodgroups on December 18, 2014. In addition, a public notice sign was posted on the site4and notice of the application was posted on the City’s website and in a newspaper ofgeneral circulation. Ex. 1. A second public notice was mailed on February 19, 2015,indicating that the public hearing date had been revised to April 9, 2015. Ex. 1.

16. The City staff received one comment from the Puget Creek RestorationSociety in response to the public notice of the plan. Ex. 1, A-13. Puget Creek Restorationsuggested that the project use low impact development techniques, that native vegetationbe use for site landscaping and that as many large trees as possible be retained.

17. Any conclusion of law hereinafter stated which may be deemed to beproperly considered a finding of fact herein is hereby adopted as such.

Testimony indicated that one sign posted on the site was removed. PDSD replaced the sign. KinlowTestirnon v.


CONCLUSIONS OF LAW:

1. The Hearing Examiner has jurisdiction over this matter pursuant to TMC1 .23.050.B. I and TMC 13.04. 100.D. The applicant bears the burden of proving by apreponderance of the evidence that its request for preliminary plat approval conforms toapplicable requirements for approval. TMC 1.23.070.C.

2. RCW 58.17, the state Subdivision Act, provides that in reviewingsubdivision proposals, local governments must determine if appropriate provisions aremade for necessary services and infrastructure to support the development and whether thepublic interest would be served by such subdivision:

(2) A proposed subdivision and dedication shall not be approved unless the city,town, or county legislative body makes written findings that: (a) Appropriateprovisions are made for the public health, safety, and general welfare and for suchopen spaces, drainage ways, streets or roads, alleys, other public ways, transitstops, potable water supplies, sanitary wastes, parks and recreation, playgrounds,schools and schoolgrounds and all other relevant facts, including sidewalks andother planning features that assure safe walking conditions for students who onlywalk to and from school; and (b) the public use and interest will be served by theplatting of such subdivision and dedication.

RCW 58.17.110(2).

3. Further, RCW 36.70B.030 and RCW 36.70B.040 direct the City to reviewwhether the proposal complies with the local comprehensive plan and developmentregulations:

1) Fundamental land use planning choices made in adoptedcomprehensive plans and development regulations shall serve as thefoundation for project review. .

2) . . . At a minimum, such applicable regulations or plans shall bedeterminative of the:

(a) Type of land uses permitted at the site including uses that maybe allowed under certain circumstances, such as planned unitdevelopments and conditional and special uses, if the criteria fortheir approval has been satisfied;

(b) Density of residential development in urban growth areas; and

(c) Availability and adequacy of public facilities identified in thecomprehensive plans, if the plan or development regulationsprovide for funding of these facilities as required by Chapter36.70A RCW.


3) During project review, the local government or any subsequentreviewing body shall not reexamine alternatives or to hear appealson the items identified in Subsection (2) of this section, except forissues of code interpretation.

RCW36.70B.030. See also 36.70B.040.

4. Thus, the relevant inquiries to be made in reviewing a preliminary platproposal are whether the findings required at RCW 58.17.110 can be made and whetherthe proposal conforms to local comprehensive plan provisions and developmentregulations, including zoning requirements and platting requirements contained in TMC13.04. 100.

5. The TMC directs that a preliminary plat is reviewed for compliance with anumber of the same criteria contained in the state Subdivision Act:

D. Hearing Examiner or Director Review of Preliminary Plat.The Hearing Examiner or Director shall review the proposedpreliminary plat. The preliminary plat shall not be approvedunless it is found that:

1. Appropriate provisions are made for the public health,safety, and general welfare, and for open spaces; drainageways; streets or roads; alleys; other public ways; bicyclecirculation; transit stops; potable water supplies; sanitarywastes; parks and recreation; playgrounds; schools andschool grounds; and all other relevant facilities, includingsidewalks and other planning features which assure safewalking conditions for students who walk to and fromschool and for transit patrons who walk to bus stops orcommuter rail stations.

2. The public use and interest will be served by the plattingof such subdivision and dedication as set forth by theComprehensive Plan and other Adopted City Ordinances,manuals, design specifications, plans, goals, policies, andguidelines.

TMC 13.04.JOO.D.

6. In this case, the evidence demonstrates that the plat will be consistent withthe applicable provisions of the Comprehensive Plan and the TMC. The site is located in


a Low Intensity-Single-Family Detached Housing Area and encompasses a Tier I PrimaryGrowth Area and a Tier II Secondary Growth Area. Property within the Tier Iclassification is appropriate for new residential development and, in this case, the interiorproperty contained in the Tier II Area is also appropriate for new development. Necessaryinfrastructure and utilities are available for extension to the entire site. The constructionplans are consistent with the desired density in the area and the homes being constructedwill be similar in character to the surrounding single family residential development. Thestreet development and dedication will also be similar to the character of streets in theneighborhood. The construction of single-family dwellings and infill developmentprovided by this development is supported by policies in the GLUE and the HousingElement of the Comprehensive Plan. Overall, the proposed plat is consistent with the landuse policies expressed in the City of Tacoma Comprehensive Plan and zoning code. Assuch, the subdivision will benefit and serve the public use and interest.

7. The evidence further demonstrates that the proposed subdivision meets thedevelopment standards governing plats in TMC Chapter 13.04. The lots contained withinthe subdivision exceed the minimum lot size and meet the minimum average lot width inthe “R-2” district. Based upon the information provided by the Applicant it appears thatapplicable setback standards will be met. Ex.3.

8. The evidence shows that the proposal will be constructed in compliance withgoverning development standards. By complying with development standards, the planassures appropriate provisions are made for the public health, safety and general welfareand for facilities that address issues such as streets and roads, adequate drainage, trafficcirculation, pedestrian and bicycle safety, schools, and parks and recreation, water supply,sanitary waste disposal, landscaping, lighting, and stormwater management. Thesidewalks adjoining the roadway and connecting to the existing sidewalks in theneighborhood will provide safe walking conditions for pedestrians, transit users, and forstudents, if any, who may walk to school.

9. The private roadway (“Tract A”) contained within the Plat will meetgoverning street construction standards. As such, it will provide suitable and sufficientaccess to lots served by the accessway. See, TMC 13.04.160.

10. The evidence in this matter supports a conclusion that the preliminary platproposed conforms to the requirements of RCW 58.17 and is consistent with the City’sComprehensive Land Use Plan and development regulations, provided the conditionsenumerated herein are imposed and complied with by the Applicant. Accordingly, theproposed preliminary plat should be approved subject to the recommended conditions setforth below:


A. SPECIAL CONDITIONS

1. GRADING AND EROSION CONTROL

a. Grading and erosion control plans shall be provided and approvedprior to any grading or clearing taking place on the site.

b. Provisions shall be made to minimize the tracking of sediment byconstruction vehicles onto paved public roads. If sediment isdeposited, it should he cleaned every day by shoveling and sweeping.Water cleaning should only be done after the area has been shoveledand swept.

c. The grading plan shall be reasonably consistent with the proposedtopography and amounts of on-site material to be used to balance thesite as represented by the Applicant at the time of preliminary plat.

d. At the request of the Director or designated representative, the projectdevelopment proponent shall submit a record “as-built” drawing ofthe final grade and site elevations to Planning and DevelopmentServices prior to final plat approval to ensure the final grades andelevations on the site are reasonably consistent with the topographyproposed at the time of preliminary plat.

e. Should grading of the site be proposed to occur during the wintermonths, the “Grading Plan” and “Erosion Control Plan” shall includea winter grading and erosion control plan. The winter grading anderosion control plan shall comply with all requirements of theInternational Building Code and applicable amendments as adopted.

f. A “Grading Plan” and an “Erosion Control Plan,” which complieswith Tacoma Municipal Code requirements, must be submitted andapproved by the City of Tacoma prior to commencing site work. Apreconstruction meeting shall be held and appropriate permits issuedprior to any clearing or grading taking place on the site. Theproponent shall grade the site to drain toward the street or provideadequate measures for each lot to prevent the discharge of surface andstorm water drainage onto private property, except for areas needed tomaintain hydrology to the Critical Areas. Graded areas that are not tobe immediately improved shall be hydroseeded to prevent surfacewater runoff from carrying silt and debris into the drainage systemand onto private property. It shall be the proponent’s responsibility tomaintain the erosion control facilities in a manner acceptable to theCity Engineer until building permit application s have been submittedon all lots within the subdivision.


The grading and erosion control plans shall include, at a minimum,the following primary measures to limit the adverse impacts of theproject upon the off-site drainage system:

1. Stabilization of construction access to the project with a quarryrock pad.

2. Delineation of clearing limits.

3. Accurately continuing the topography at least 50 feet beyondthe property boundaries of the subject site.

4. A proposed construction phasing plan that will ensure erosioncontrol measures shall be installed before (and adjusted andmaintained during) grading is performed and that grading shall beperformed immediately prior to commencing construction ofpermanent improvements, or only as needed.

5. Measures to provide settlement and/or filtration of sedimentprior to discharge. These measures must be either a sediment trapor sediment pond, depending on tributary area, augmented by othermeasures such as filter fabric fencing for small areas.

6. Revegetation of disturbed areas as soon as practical followinggrading.

2. STORM AND SANITARY SEWERS

NOTE: The following statements and conditions may be modified afterapproval of the stormwater and/or sewer utility plans. Additional conditionsmay be required after submittal of a preliminary stormwater and/or sewerutility plan prior to final plat.

a. The proposal shall comply with all applicable requirements containedin the City of Tacoma Stormwater Management Manual, Side Sewerand Sanitary Sewer Availability Manual, Tacoma Municipal Code12.08 and the Public Works Design Manual in effect at time ofvesting land use actions, building or construction permitting.

b. Full review of storm and sewer design shall be completed under theconstruction permits; additional mitigation may be required. Thisdevelopment’s stormwater design shall be in compliance with the2012 City of Tacoma Stormwater Management Manual, and allapplicable Tacoma Municipal Codes. This development’s sanitarysewer design shall meet the City of Tacoma Side Sewer and SanitarySewer availability manual, the Department of Ecology Sewage WorksDesign Criteria, and all applicable Tacoma Municipal Codes.

FINDINGS, CONCLUSIONS,AND DECISION -9-

c. Any utility construction, relocation, or adjustment costs shall be at theApplicant’s expense.

d. The site is presently served by the City stormwater drainage system.The City stormwater drainage system may need to be extended toserve the project site or another method of stormwater managementmeeting all requirements of the City of Tacoma StormwaterManagement Manual shall be provided.

e. This site is presently served by the City sanitary sewer system. TheCity sanitary sewer will need to be extended to serve the project sitethrough the City’s work order process.

f. Each lot shall be independently connected to the City sanitary sewerat the building construction stage. Permits for this work shall beobtained.

g. A preliminary stormwater and sewer utility plan shall be prepared toshow a preliminary design for sewer and stormwater mitigation. Thisplan shall be approved by City of Tacoma Environmental Servicesprior to recording of the final plat. Approved construction permits(work order and/or fill and grade) covering the entire site may besubstituted for the preliminary stormwater and/or sewer utility plan.

h. A Covenant and Easement Agreement shall be required for allprojects with private storm drainage systems. Covenant andEasement Agreements shall be recorded prior to recording of the platMylar.

i. Final design of the stormwater facilities may require modifications tothe lot layout and/or a reduction in number of available building lots.

The following statement shall be completed and placed on the platMylars:

• WARNING: This plat contains a private storm drainage system.Private storm drainage systems are the sole responsibility of theowners, successors and assignees of all lots being served by theprivate storm drainage system. Responsibility includes, but is notlimited to, constructing, maintaining, and allowing City inspection ofthe private storm system in accordance with a separately recordedcovenant and easement document.

• Covenant and Easement Recording No. ________________

• This plat contains private storm and/or wastewater easements. Nopermanent structure(s) shall be erected within the private easementarea(s). Permanent structures shall mean any concrete foundation,


concrete slab, wall, rockery, pond, stream, building, deck,overhanging structure, fill material, tree, recreational sport court,carport, shed, private utility, fence, or other site improvement thatrestricts or unreasonably interferes with the need to access orconstruct utilities in said easement(s). Permanent structures shall notmean improvements such as flowers, ground cover and shrubs lessthan 3 feet in height, lawn grass, asphalt paving, gravel, or othersimilar site improvements that do not prevent the access of men,material, and machinery across, along, and within the said easementarea.

• Private Easement Recording No. _________________________

• This plat contains public storm and/or wastewater easements. Nopermanent structure(s) shall be erected within the public easementarea(s) unless specifically approved in writing by the City of TacomaDirector of Public Works. Permanent structures shall mean anyconcrete foundation, concrete slab, wall, rockery, pond, stream,building, deck, overhanging structure, fill material, tree, recreationalsport court, carport, shed, private utility, fence, or other siteimprovement that restricts or unreasonably interferes with the City ofTacoma’s access to install, construct, inspect, maintain, remove,repair and replace public storm and/or sanitary sewer utilities in saideasement(s). Permanent structures shall not mean flowers, groundcover and shrubs less than 3 feet in height, lawn grass, asphalt pavingor gravel improvements that do not prevent the access of men,material, and machinery across, along and within the said easementarea. Land restoration by the City within the said easement area dueto construction or maintenance, shall mean planting grass seed orgrass sod, asphalt paving and gravel unless otherwise determined bythe City of Tacoma.

• If the actual stormwater improvements installed vary from those onthe preliminary utility plan so that the recorded Covenant andEasement Agreement does not reflect actual constructedimprovements, an additional Covenant and Easement Agreementshall be developed, signed by the property owner and the City andrecorded by the property owner.

• Final design of the stormwater facilities may require modifications tothe lot layout and/or a reduction in number of available building lots.Building permits for each lot shall be approved by EnvironmentalServices prior to construction.

• Construction on any and all lots, including public roads and alleys, islimited to the impervious surface as provided within the approvedStormwater Site Plan or as shown on the preliminary stormwater

FINDINGS, CONCLUSIONS,AND DECISION -11-

and/or sewer plans. If additional impervious surfaces beyond thatapproved under the previously noted permits are created, additionalstormwater mitigation may be required. If stormwater mitigationdiffers from that approved under the previously noted permits,additional review by Environmental Services is required and shallinclude evaluation of all lots created as part of this plat.

• Soil amendments are required for all disturbed areas in accordancewith BMP L6l3.

The following statement shall be included on the plat mylar if no work isto be completed at the time of plat:

• The proposal shall comply with all applicable requirements containedin the City of Tacoma Stormwater Management Manual, TacomaMunicipal Code 12.08 and the Public Works Design Manual in effectat time of vesting land use actions, building or constructionpermitting. At this time, the proposal is to plat the parcel into thirty-eight (38) new parcels for development, therefore no vesting tocurrent stormwater requirements will occur. For the purposes ofstormwater mitigation, all future work completed on any of the thirty-eight lots, including offsite improvements shall be considered part ofa project and all impacts considered when determining stormwaterimpacts and associated mitigation.

The following conditions shall be met prior to recording of the final plat:

j. Existing private sanitary and stormwater lines were not shown on thesubmitted plat plans. The Applicant shall research the locations of allprivate storm and sanitary sewer lines located within the plat limitsand provide a separate site plan to show the locations of existingstorm and sewer utilities on the site. If the storm or sanitary utilitieson a parcel cross a second parcel and the two parcels are owned bythe same person or company, the property owner cannot assume aneasement across the second parcel.

k. Shared side sewers may be required to be separated prior to final plat.Any new storm or sanitary line to be located on more than one of theproposed parcels shall require a private sewer easement. A copy ofthe proposed easements shall be submitted to Environmental ServicesSite Development Group prior to recording of the final plat, and allrequired easements shall be recorded prior to the construction of newprivate side sewer(s). No permanent structures shall be placed withinor over the required easements.

I. Private easements shall be recorded and a copy submitted to Public


Works Department, Environmental Services Engineering Division oras an alternative the private easement may appear on the face of theplat Mylar.

The following comments are presented for information only and areintended to assist the Applicant when applying for building andconstruction permits:

m. All stormwater shall be managed in compliance with the City ofTacoma Stormwater Management Manual (SWMM).

n. The Applicant shall review SWMM Minimum Requirements #1-12and comply with all requirements.

o. Water quality shall be provided for all projects that meet or exceedthe thresholds for Minimum Requirement #6 as outlined in the City ofTacoma Stormwater Management Manual. Pollution-generatingimpervious surfaces created and/or replaced offsite as a result of thisproject shall count toward the pollution-generating impervioussurface total.

p. Flow control or other mitigation in accordance with the City ofTacoma Stormwater Management Manual shall be provided for allprojects that meet or exceed the thresholds for MinimumRequirement #7 as outlined in the City of Tacoma StormwaterManagement Manual. Impervious surfaces created and/or replacedoffsite as a result of this project shall count toward the impervioussurface total.

q. All projects shall comply with Minimum Requirement #11: Off-SiteAnalysis and Mitigation.

r. Coverage under the NPDES Construction General Permit is requiredfor any clearing, grading, or excavating that will disturb one or moreacres of land area and that may discharge stormwater from the siteinto surface water(s), or into storm drainage systems that discharge toa surface water, per the Washington State Department of Ecology(Ecology). Ecology’s Office of Regulatory Assistance shall becontacted at 1-800-917-0043 to determine if any additionalrequirements are necessary. City approval does not release theApplicant from state or other permitting requirements.

s. Public and private stormwater shall be managed in separate waterquality and flow control facilities.

t. Private stormwater facilities are required to be located in a separatetract, easement or private roadway with appropriate easements tobenefit contributing parcels for private facilities per the City of


u. Tacoma Stormwater Management Manual, Volume 3, Chapter 13.Separate tracts or easements for the location of shared stormwaterfacilities shall be shown on the plat Mylars, if applicable.

v. All public stormwater facilities shall be located in right of way, a tractdedicated to the City of Tacoma or easement per City of TacomaStormwater Management Manual Volume 3 Chapter 13 and asapproved in writing by Environmental Services.

w. Stormwater facilities, other than conveyance, are required to belocated in a separate tract dedicated to an association for privatefacilities or to the City of Tacoma for public facilities per the City ofTacoma Stormwater Management Manual, Volume 3, Section 3.7.1.

x. This project is located in the natural drainage course of abuttingproperties. Adequate provisions shall be made to collect drainagethat naturally flows across the project site.

y. This project may include an infiltration facility that is regulated underEcology’s underground injection control (UIC) well program. UICwells shall be registered with the Washington State Department ofEcology. This requirement typically applies to all infiltrationtrenches regardless of the size of the system except for single familyfacilities that receive only roof runoff.

z. If pumping of sewage is required due to site conditions, plans andcalculations for the pump system shall be prepared per City standardsand submitted to Environmental Services - Site Development Groupfor review and approval prior to issuance of a side sewer connectionpermit.

aa. For all stormwater proposals that require an engineered design, theproject engineer shall provide an Engineer’s Certification to the Cityof Tacoma after facility installation and prior to permit finalinspection and/or closeout. The Engineer’s Certification shallreference the permit number and state that all stormwater facilitieshave been installed according to the approved permit documents. TheEngineer’s Certification shall be submitted to Environmental ServicesSite Development Group, 747 Market Street, Room 620, Tacoma,WA 98402. For site and building permits, an additional copy of thecertification shall be sent to Planning and Development Services 747Market Street, Room 345, Tacoma, WA 98402.

3. PROTECTION OF ADJACENT PROPERTIES

With the development of the project, the proponent shall be responsiblefor adverse impacts to other property abutting the project. The project


shall be designed to mitigate impacts including, but not limited to,discontinuities in grade, abrupt meet lines, access to driveways andgarages, and drainage problems. Slopes shall be constructed with cuts nosteeper than 1-1/2:1, and fills no steeper than 2:1, except where morerestrictive criteria is stipulated by the soils engineer. When encroachingon private property, the project engineer shall be responsible to obtain aconstruction permit from the property owner. The design shall be suchthat adverse impacts are limited as much as possible. When they dooccur, the project engineer shall address them.

4. STREETS. DRIVEWAYS AND SIDEWALKS

The following conditions shall be met prior to the recording of the finalplat:

a. A Work Order is required. A licensed professional civil engineermust submit the street plans for review and approval following theCity’s work order process. A performance bond is required for allwork orders per Tacoma Municipal Code 1O.22.070.F.

b. East “M” St shall be improved to Public Works Standards including aminimum width of 28 feet with cement concrete curb & gutter andsidewalks on both sides. The minimum roadway section shall meetCity Design Standards at time of submittal. It shall include necessarydrainage, and any additional unsuitable foundation excavationmaterial must be removed as directed by the City Engineer. Thefuture right-of-way shall be a minimum width of 52 feet.

c. Remove and replace any damaged or defective curb & gutter alongEast 54th Street fronting the property and replace to currentstandards.

d. Cement concrete sidewalk shall be constructed along East 54th Street,abutting the site, meeting Public Right Of Way Accessible Guidelines (PROWAG) and Americans with Disabilities Act (ADA)requirements, and be installed to the approval of the City Engineer.

e. All pedestrian curb ramps shall be designed meeting Public Right OfWay Accessible Guide-lines (PROWAG) and Americans withDisabilities Act (ADA) requirements, and be installed to the approvalof the City Engineer. All curb ramp design shall be directional inalignment.

f. Intersection curb ramps shall be constructed at the intersection of East54th and “M” Streets at the NE and NW corners.

g. Full intersection curb ramp build out shall be constructed at theintersection of East 54th Street & East “L” Street.

h. Intersection curb ramps shall be constructed at the intersection of East53rd and East “L” Streets at the SW, NW and NE corners.

i. Intersection curb ramps shall be constructed at the intersection of East


52nd and East “L” Streets at the SW, SE, and NE corners.

j. Intersection curb ramps shall be constructed at the intersection of East52nd and “M” Streets at the SW and SE corners.

k. The type, width, and location of all driveway approaches serving thesites shall be approved by the City Engineer.

1. East “L” Street shall be improved to Public Works Standardsincluding a minimum width of 10 feet west of centerline to asphaltwedge curb and 14 feet east of centerline to cement concrete curb &gutter. The minimum roadway section shall meet City DesignStandards at time of submittal. It shall address necessary drainagerequirements, and any additional unsuitable foundation excavationmaterial must be removed as directed by the City Engineer. Thefuture right of-way shall be a minimum width of 52 feet.

m. Cement concrete sidewalk shall be constructed along East “L” Street,abutting the site, meeting Public Right Of Way Accessible Guidelines (PROWAG) and Americans with Disabilities Act (ADA)requirements, and be installed to the approval of the City Engineer.

n. Cement concrete sidewalk shall be constructed along East 52ndStreet, abutting the site, meeting Public Right Of Way AccessibleGuide-lines (PROWAG) and Americans with Disabilities Act (ADA)requirements, and be installed to the approval of the City Engineer.

o. East 52nd Street shall be improved to Public Works Standardsincluding a minimum width of 10’ north of centerline to asphaltwedge curb and 14 feet south of centerline to cement concrete curb &gutter. The minimum roadway section shall meet City DesignStandards at time of submittal. It shall address necessary drainagerequirements, and any additional unsuitable foundation excavationmaterial must be removed as directed by the City Engineer.

p. The minimum roadway section for “Tract A” shall meet City DesignStandards at time of submittal and shall address all necessarydrainage requirements.

5. STREET LIGHTING

In accordance with TMC 13.04.165 and to ensure pedestrian and vehiclesafety, the Applicant shall design and construct street lighting for the platto the approval of the City Engineer in accordance with the UluminatingEngineering Society (IES)/ANSI Standard RP-8 RecommendedIlluminance for Roadways and Pedestrian Ways. New streetlights arerequired on East “M” Street, per Ex. 1, Attachment “A-6.” Streetlightdesign and construction shall be done through the City’s work orderprocess.


6. TACOMA POWER

Easements shall be shown on the face of the recorded final plat forelectrical power, communications and natural gas utilities.

Easement requirements:

a. A designated 10-foot utility easement shall be shown on the platparallel to all interior and exterior road rights of way.

b. A 5-foot utility easement shall be shown parallel to all side lot lines atthe front 15 feet of each lot.

c. If there are flag lots, the stem or driveway section shall be designatedas a utility easement along with an additional 5-foot wide easementextending across the end of the stem area and 5 feet into eachadjacent property.

d. Longitudinal wet utilities, such as drainage, dry wells, storm/sewersystems, bio-swales and sidewalks or permanent structures shall notbe installed in the 10-foot utility easement indicated in Item a.Lateral crossings are permitted.

Additional general requirements:

e. Utility easement indicated in Item a. above shall not have greater than2 percent slopes perpendicular to the road rights of way.

f. All sewer stubs and roof drains shall extend to the property side,beyond the 10-foot utility easement. No clean-outs to be placed inthe utility easement.

g. Building setbacks shall be shown from the property line.

h. No building including the eaves shall be constructed within 8 feet of atransformer.

i. Any relocation of Tacoma Power’s facilities will be done at thecustomer’s expense.

j. Tacoma Power poles and associated equipment to be relocated shallbe at the expense of the developer.

7. TACOMA WATER

a. TMC 12.10.045 requires a separate water service and meter for eachparcel.

b. Based on the provided site plan, new water mains will need to beinstalled in the following streets to serve this development by way ofthe Private Contract process:


• East 52nd Street, from East ‘1” Street to East “M” Street

• East “L” Street, from East 52nd Street to East 54th Street

• East “M” Street, from East 52nd Street to East 54th Street

c. Meters for Lots 33 through 38 shall be placed at the north right-of-way line of East 54th Street and customer shall be required to connectto property through private easements.

d. Extension of a permanent water main may be constructed by privatecontract. The developer of the privately financed project shall beresponsible for all costs and expenses incurred by Tacoma Water forpreparation of plans and specifications, construction inspection,testing, flushing, sampling of the mains, and other related worknecessary to complete the new water main construction to TacomaWater standards and specifications. The engineering charge for thepreparation of plans and specifications will be estimated by TacomaWater. The developer shall be required to pay a deposit in theamount of the estimated cost. The actual costs for the work shall bebilled against the developer’s deposit. The new mains shall beinstalled by and at the expense of the developer. The developer shallbe required to provide a 20-foot wide easement over the entire lengthof the water main, fire hydrant, service laterals and meters. Thedeveloper’s Professional Land Surveyor shall prepare and submit thelegal description of the easement to Tacoma Water for review andprocessing. Prior to construction, a second deposit in the estimatedamount for construction inspection, testing, and sampling shall be dueto Tacoma Water. Upon completion of the project, the developershall either be refunded the unused amount of the deposit or billed thecost overrun. Approximate design time is ten weeks.

e. The customer is advised to obtain private utility easements for anyproperty-side water pipes leading from the City meter to the buildingon any portion(s) existing on adjacent parcels.

f. If fire sprinklering, the Tacoma Water Permit Counter shall becontacted at (253) 502-8247 for policies related to combinationfire/domestic water service connections.

g. New water services shall be installed by Tacoma Water after paymentof the Service Construction Charge and the Water Main Charge. Newmeters shall be installed by Tacoma Water after payment of theSystem Development Charge.

h. If a new fire hydrant is required at a location with an existing watermain, the hydrant shall be installed by Tacoma Water after paymentof an installation charge.


i. If existing water facilities need to be relocated or adjusted due tostreet improvements for this proposal they shall be relocated byTacoma Water at the owners’ expense.

j. Sanitary sewer mains and sidesewers shall maintain a minimumhorizontal separation of ten feet from all water mains and waterservices. When extraordinary circumstances dictate the minimumhorizontal separation is not achievable, the methods of protectingwater facilities shall be in accordance with the most current State ofWashington, Department of Ecology “Criteria for Sewage WorksDesign”.

8. FIRE PROTECTION

a. New public fire hydrants shall be installed along East “M” Street.Hydrants shall be located such that no hydrant is more than 500 fromany other hydrant as measured along road centerlines. Work shall becoordinated with Tacoma Water. Final approval of hydrant locationshall be done by the Tacoma Fire Department.

b. A new fire hydrant shall be provided at the termination of the privateroad identified as “Tract A.”

c. Private road identified as “Tract A” shall be constructed inaccordance with Public Works’ Design Manual.

d. Future homes shall be constructed with the adopted codes at the timeof building permit submittal.

9. SOLID WASTE

Solid Waste Management collection vehicles shall not be required toaccess these lots via the private drive. Lots 26, 32, 35, and 36 may haveto locate their solid waste/recycle/yard waste containers on East 54thStreet for collection.

10. MISCELLANEOUS

a. Right-of-Way Dedications are noted on the face of the plat.Computer-Aided Design (2012) drawings shall be sent RondaCornforth, Real Property Services (253) 591-5052, for drafting of thedeed.

b. The Petitioner CFW, LLC (Street Vacation Petition No. 124.1342) isrequired to convey any interest it may hold in the 5-foot undisclosedarea within the right-of-way of East “L” Street in the form reflected inRight of Way Deed No. 7282. (See Ex. 6).

c. Prior to obtaining building or grading permits, the proponent shall


contact the appropriate City departments to make the necessaryarrangements for all required improvements. The requireddepartmental approvals shall be acquired from, but not necessarilylimited to, Tacoma Power at (253) 383-2471, Tacoma Water at (253)383-2471, and Public Works at (253) 591-5525.

d. The basis of bearing for the final plat shall conform to the City ofTacoma grid system. Coordinates for all lot corners and angle pointsshall be submitted with the final plat on the NAD 83 WASHINGTONSTATE PLANE South Zone Grid System. The final plat shall bedrawn to a scale of 1’=lOO’ unless, prior to submittal, writtenapproval for a different scale is granted in writing by the PublicWorks Department. Mylar size shall be 18 inches by 24 inches.

e. The final plat shall be submitted with a section breakdown from theland surveyor. The final plat shall agree with and be compatible withexisting facilities and rights-of-way within the area.

f. Per Tacoma Municipal Code 13.04, rebar shall be installed at all lotcorners. Plat monuments shall be set at all perimeter boundarylocations and street monuments shall be set in all necessary locationsmeeting the approval of the City Engineer.

g. The final plat shall incorporate lot/block numbers and a housenumbering system to the approval of the City Engineer.

h. As part of the final plat submittal, a “100 feet to the inch” scaled finalplat map shall be provided to Planning and Development Services.

i. If improvements required prior to final plat approval are notconstructed prior to final plat approval, such improvements shall bebonded for or an assignment of funds given meeting the approval ofthe City Attorney to guarantee that all required improvements will bedesigned and constructed. This is required if the Applicant wishes toproceed with the final plat prior to the physical construction of thoseconditions. If conditions are to be bonded for, the Applicant shallpost the necessary bond at the time of, or prior to filing for final platapproval, and the following warning statement shall be incorporatedon the plat map page, or additional page, of the final plat:

WARNING: Purchasers of the lots herein are advised that the City ofTacoma holds certain financial guarantees to insure completion of certainimprovements and utilities, including but not limited to sanitary, road andstorm facilities, power, water and street lights. Purchasers are advised thatbuilding permits may not be issued until these improvements are completed.Should these improvements/utilities not be completed, the City of Tacomareserves the right to enter the property to complete these improvements and


to seek reimbursement via the aforementioned financial guarantees orthrough other remedies at law, and the property grantor, heirs, owners,executors, successors or assigns shall save the City harmless from anydamage that may be suffered by said re-entry and construction upon saidpremises.

j. Building setback variances for lots created by this subdivision maynot be approved by the City. Therefore, the owner/Applicant shouldplan ahead to develop lots that have dimensions that will allowconstruction of homes without the need for variances. This shallinclude the Applicant’s foresight to provide for required drivewaygrades, topography, future sidewalk installation, necessary cuts andfills, soil bearing and geotechnical constraints, drainage courses, etc.

k. Property owners of Lots 34 through 37 shall maintain a 1/4 interest in“Tract A” for tax and ownership purposes. This provision shall beinked on the face of the final plat mylar.

1. The property owner is encouraged to establish contact with theneighborhood council for the area.

m. Should any evidence of archaeological material be uncovered duringthe course of the project, all work in the vicinity shall cease and theCity of Tacoma Historic Preservation Officer, as well as the PuyallupTribe of Indians Historic Preservation Office, shall be contacted.

Special Note: The proponent shall understand that it is their responsibility toclosely review the Zoning and Platting sections of the TMC and, specifically,the “Preliminary Plat Procedure,” and the Final Plat Procedure,” Chapter13.04.100. This is to alert the proponent that if specific dates are not met and ifspecific items are not filed on time with the appropriate departments their platshall become null and void.

B. USUAL CONDITION:

The decision set forth herein is based upon representations made andinformation submitted, including development plans, proposals and supportinginformation, submitted to Planning and Development Services. Anysubstantial change(s) or deviation(s) in such development plans, proposals, orconditions of approval imposed shall be subject to the approval of the City, andmay require additional permitting and public notification and comment.

11. Any finding of fact which may be deemed to be a properly considered aconclusion of law herein, is hereby adopted as such.


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DECISION:

The requested preliminary plat of “Heritage Gardens” is approved subject to the conditionsstated herein and contingent upon the Tacoma City Council’s approval of associated StreetVacation Petition No. 124.1342.

DATED this 13ih day of May, 2015.

PHYLLIS MACLEOD, Hearing Examiner


7. ~ .1

NOTICE

RECONSIDERATION/APPEAL OF EXAMINER’S DECISION

RECONSIDERATION TO THE OFFICE OF THE HEARING EXAMINER:

Any aggrieved person or entity having standing under the ordinance governingthe matter, or as otherwise provided by law, may file a motion with the Office of theHearing Examiner requesting reconsideration of a decision or recommendation enteredby the Examiner. A motion for reconsideration must be in writing and must set forththe alleged errors of procedure, fact, or law and must be filed in the Office of theHearing Examiner within 14 calendar days of the issuance of the Examiner’sdecision/recommendation, not counting the day of issuance of thedecision/recommendation. If the last day for filing the motion for reconsideration fallson a weekend day or a holiday, the last day for filing shall be the next working day.The requirements set forth herein regarding the time limits for filing of motions forreconsideration and contents of such motions are jurisdictional. Accordingly, motionsfor reconsideration that are not timely filed with the Office of the Hearing Examiner ordo not set forth the alleged errors shall be dismissed by the Examiner. It shall be withinthe sole discretion of the Examiner to determine whether an opportunity shall be givento other parties for response to a motion for reconsideration. The Examiner, after areview of the matter, shall take such further action as he/she deems appropriate, whichmay include the issuance of a revised decision/recommendation. (Tacoma MunicipalCode 1.23.140)

NOTICE

APPEAL TO SUPERIOR COURT OF EXAMINER’S DECISION

Pursuant to the Official Code of the City of Tacoma, Section 1.23.160, the HearingExaminers decision is appealable to the Superior Court for the State of Washington. Anycourt action to set aside, enjoin, review, or otherwise challenge the decision of the HearingExaminer shall be commenced within 21 days of the entering of the decision by theExaminer, unless otherwise provided by statute.


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