Loading...
General Files 105 Yelm Avenue best P.O. Box 479 Yelm, Washington 98597 November 15, 2002 Yelm Property Development Denny Balascio 16440 SE Middle Road Yelm, WA 98597 RE: WILLOW GLEN PHASE II SUBDIVISION, SUB-02-8317-YL Dear Applicant: Transmitted herewith is the Report and Decision of the City of Yeim Hearing Examiner relating to the above-entitled matter. Very tr y yours, S EN K. CAUSSEAUX, 7R. Hearing Examiner SKC/ca cc: Parties of Record CITY OF YELM -1- The City of Yelm is an Equal Opportunity Provider OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: WILLOW GLEN PHASE II SUBDIVISION, SU602-8317-YL APPLICANT: Yelm Property Development Denny Balascio 16440 SE Middle Road Yelm, WA 98597 SUMMARY OF REQUEST: The applicant is proposing to subdivide 8.89 acre into 46 single family lots. The property is zoned R-6 Moderate Density Residential. SUMMARY OF DECISION: Request granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on November 4, 2002. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: EXHIBIT " 1 " - Planning and Community Development Staff Report and Attachments TAMI MERRIMAN appeared, presented the Department of Community Development Staff Report, and testified that the site measures 8.89 acres and consists of the second phase of a preliminary plat currently under construction. The applicant originally requested 45 lots, but was able to obtain a 46th lot. The new lot did not change the plat layout. Density requirements are met and the public received notice. A small corner of the property was originally shown as outside of the City limiu, however staff determined that the zoning map -2- was inaccurate as to the location of the City limits and the County concurred. The project is located in the northeast portion of the City and phase one currently under construction contains 22 lots. The R-6 zone classification authorizes densities of between two and six lots per acre and requires no minimum lot size. Staff has safety concerns regarding lots 35, 58, and 59 and wane driveways on the south or north sides of said lots which will allow the greatest sight distance. Staff also requests a condition preventing the fencing of the front yards on the three lots. The City ordinance requires the applicant to reserve 5% of the site as open space. However, the City is presently developing a new 13 acre park in the vicinity, so the applicant will provide a fee in lieu of open space in the amount of $14,909. The applicant must construct roads to City standards as well as provide water and sewer. Staff is presently reviewing the storm water reports and recommends approval. Appearing was DENNY BALASCIO who cannot add to stafYs testimony. He wants to discuss with staff a few issues regarding landscaping. No one spoke further in this matter and so the Examiner took the request under advisement. The hearing was concluded. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS CONCLUSIONS AND DECISION: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. The City has performed an environmental review, including review of a transportation analysis, and issued a Mitigated Determination of Nonsignificance on September 27, 2002, with a comment deadline of October 1 1, 2002, and an appeal deadline of October 18, 2002. No appeals were filed. Notice of this application was mailed to state and local agencies, and property owners within 300 feet of the project site on September 5, 2002. Public Notice of the date and time of the public hearing was posted on the project site, mailed to property owners within 300 feet of the proposed site, and mailed to the recipients of the Notice of Application and SEPA Determination on October 24, 2002, and advertised in the local newspaper on October 25, 2002. 4. The applicant has a possessory ownership interest in an irregularly shaped, 8.89 acre parcel of property improved with one single family residential home and several outbuildings. The applicant requests preliminary plat approval to allow subdivision of -3- the site into 46 single family residential lots with a density of 5.2 dwelling units per acre. The existing home will remain on proposed lot 28, but all outbuildings will be removed. 5. The site plan shows that the proposed subdivision will access through Willow Glen Phase 1 and will become Phase II of said subdivision. Cascade Avenue SE and Sundance Avenue SE, Willow Glen Phase I internal plat roads, provide access to the internal plat road for Phase II. The Phase II road consists of a loop known as Welch Loop SE. The plat map shows that the applicant has already installed pavement on Welch Loop between the intersections of the two Phase I internal plat roads. The plat map shows a Tract B storm water facility at the northeast corner and a planter strip on the outside of the looped plat road. 6. Parcels to the north and east of the site are located within unincorporated Thurston County in the Rural Residential, Residential, and Industrial zone classifications. Properties to the west and south within the Ciry of Yelm are located within the Moderate Density Residential (R-6) zone classification as is the site iuelf. The aerial photograph shows that improvements in the area include single family dwellings on large parcels and a new single family subdivision consistent with the R-6 classification. A school is located to the southeast. 7. Lots 35, 58, and 59, located on the inside of the corner curves of the internal plat road, have sight distance problems which requires the City to specify the location of the driveways providing access to said lots and also prohibiting the installation of fences or vegetation which would interfere with entering and stopping sight distance. Conditions of approval specify a driveway placement for lot 35 no further than 85 feet from the north property line, and driveway placements for lots, 58 and 59 no further than 30 feet from their south property line. Proposed conditions of approval also address fencing restrictions, and the Examiner has expanded the condition to include vegetation. 8. Based upon the requirements of the City of Yelm Comprehensive Plan and Chapter 14.12 of the Yelm Municipal Code (YMC), the applicant must dedicate as open space a minimum of 5% of the gross area of the parcel or in the alternative pay a fee in lieu of providing such open space. 5% of the site calculates to 19,363 square feet, and the City calculates the fee-in-lieu as $.77 per square foot or $14,909.51. A condition of approval requires the applicant to pay such amount. 9. The Yelm School District and the applicant will enter into a school mitigation agreement which will require the payment of mitigation fees based upon the project's impact. The school district, the applicant, and the environmental official will determine the exact amount. -4- 10. The parcel abuts Middle Road and the applicant will dedicate ten feet of right-of--way across the plat frontage to the City. However, the plat will not access directly from Middle Road, but via the Willow Glen Phase I internal plat road. The design of Phase 1 provided for the continuation of subdivision streets to serve the Phase II lou. The 46 lot subdivision will increase traffic and impact the City's transportation system. Chapter 15.40 YMC requires a development to mitigate its impacu on said transportation system. A single family residential dwelling generates 1.01 p.m. peak hour trips, and the City transportation facility charge is $757.50 per dwelling unit, payable at the time of building permit. Conditions of approval require said payment. Compliance with conditions of approval will ensure that both Phase t and Phase II meet the policies and requirements of the City transportation plans. 1 1. Each lot will have a minimum of two parking spaces, and the City will provide domestic water, fire flow, and sanitary sewer service to the project. Conditions of approval require the payment of one equivalent residential unit (ERU) per dwelling at the rate of $1,500 per ERU, and the connection of the existing home to City water. 12. The plat will adequately address storm water runoff as the applicant must design and construct all storm water facilities in accordance with the Department of Ecology's Stormwater Management Manual as adopted by the City of Yelm, and comply with best management practices. The storm drainage system must ensure that the storm water runoff from the roofs of the houses will infiltrate into the ground on each lot. The homeowners will own the storm water system in common, and the Community Development Department will approve the applicant's storm water operation and maintenance plan. 13. Thurston County Fire Protection District No. 2 will provide fire protection for the site and has a fire station within a reasonable response time. 14. The applicant will install street lighting and sidewalks to ensure safe walking conditions for pedestrians. 15. Chapter 17.80 YMC requires the applicant to provide on-site landscaping. While the code requires a Type II landscaping screen around the perimeter of the subdivision, the City also allows fencing of subdivisions in lieu of plane. The applicant has addressed the landscaping requirements by the submittal of a preliminary landscaping plan acceptable to the Ciry. CONCLUSIONS: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. -5- 2. The applicant has established that the proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 3. The proposed subdivision meets all bulk regulations and other requirements of the RS-6 zone classification, and assuming compliance with conditions of approval, will meet all other development regulations. 4. Public facilities in the area can adequately serve the subdivision. The City's sewer system has capacity to serve all lots within the subdivision. 6. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision in a growing area of the City near other urban density subdivisions and schools. Therefore, the proposed preliminary plat of Willow Glen Phase 11 should be approved subject to the following conditions: The applicant shall show adequate building envelopes for lots 35, 58, and 59 on civil plans submitted for final approval. The applicant shall show on civil plans, and the on the face of the final plat, the driveway placement for lot 35 to be no further than 85 feet from the North property line. 3. The applicant shall show on civil plans, and the on the face of the final plat, the driveway placement for lots 58 and 59 to be no further than 30-feet from the South property line. The applicant shall provide specific fencing restrictions for lots 35, 58, & 59 in the Covenants and Restrictions for the Homeowners Association, and on the face of the final plat, to provide for adequate sight distance. The applicant shall pay an open space fee in lieu of in the amount of $14,909.51. The proponent shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building -6- permit. 7. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Frontage improvements for Middle Road shall be consistent with the section "Neighborhood Collector". Interior street improvements shall be consistent with the section "local access residential'. 8. Frontage improvements shall include frontage improvements deferred in the Willow Glen Phase I development. 9. The applicant shall connect to the City's water system. Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per day and are currently charged at a rate of $1,500/ERU (subject to change) inside city limits. This fee is payable at time of building permit issuance. 10. The applicant shall connect the existing home to water service temporarily from a meter located at lot 23, and must reconnect to its own meter, as soon as the water lines are approved and dedicated to the City. 11. The applicant shall abandon the on-site well in accordance with the Department of Ecology standards, and any water rights transferred to the City. 12. The proponent shall connect to the City's S.T.E.P System. The S.T. E. P. System shall be designed to City standards. The applicant shall submit final civil plans to the Community Development Department for review and approval. 13. Sewer connection fees are charged at the current rate of $4,986.00 per connection, (fee subject to change) payable at building permit issuance. All connections require an inspection, with a fee of $145.00 per connection, also payable at building permit issuance. These fees will be assessed at building permit issuance for each lot. 14. Existing sewage systems located on-site shall be abandoned per Article IV Rules & Regulations of the Thurston County Board of Health Governing Disposal of sewage. 15. The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP's) are required during construction. -7- The applicant shall compile a final storm water report along with construction drawings. 16. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. 17. The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. 18. The stormwater system shall be held in common by the Homeowners. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. 19. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 20. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. 21. Per the City of Yelm's Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. 22. Prior to the submission final plat application, the applicant will provide the Building Department with an addressing plat map for approval. 23. The applicant shall comply with the mitigation requirements of the MDNS issued on September 27, 2002. Mitigation includes: a. The applicant shall mitigate transportation impacts based on the new p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 p.m. peak hour trips per residential unit. The applicant will be responsible for a TFC of $757.50 per unit, which is payable at time of building permit issuance. b. The applicant shall enter into an agreement with the Yelm School District to mitigate project impacts to the school district. 24. The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space, and stormwater -a- facilities. DECISION: The request for preliminary plat approval of Willow Glen Phase Il is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 15th day of November, 2002. STEPHEN K. CAI Nearing Examiner TRANSMITTED this 15th day of November, 2002, to the following: APPLICANT: Yelm Property Development Denny Balascio 16440 SE Middle Road Yelm, WA 98597 Ciry of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 -9- CASE NO: WILLOW GLEN PHASE II SUBDIVISION SUB-02-8 317-YL NOTICE 1. RECONSIDERATION: Any interested party or agency of record, oral or written, that disagrees with the decision of the hearing examiner may make a written request for reconsideration by the hearing examiner. Said request shall set forth specific errors relating to: A. Erroneous procedures; B. Errors of law objected to at the public hearing by the person requesting reconsideration; C. Incomplete record; D. An error in interpreting the comprehensive plan or other relevant material; or E. Newly discovered material evidence which was not available at the time of the hearing. The term "new evidence" shall mean only evidence discovered after the hearing held by the hearing examiner and shall not include evidence which was available or which could reasonably have been available and simply not presented at the hearing for whatever reason. The request must be filed no later than 4:30 p.m. on December 3. 2002 (10 days from mailing) with the Community Development Department 105 Yelm Avenue West, Yelm, WA 98597. This request shall set forth the bases for reconsideration as limited by the above. The hearing examiner shall review said request in light of the record and take such further action as he deems proper. The hearing examiner may request further information which shall be provided within 10 days of the request. 2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner -lo- may be appealed to the city council, by any aggrieved person or agency of record, oral or written that disagrees with the decision of the hearing examiner, except threshold determinations (YMC 15.49.160) in accordance with Section 2.26.150 of the Yelm Municipal Code (YMC). NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration, please attach this page to the request for reconsideration. -11- ~o~~~ City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Date: October 24, 2002 To: Stephen Causseaux, Jr., Hearing Examiner From: Tami Merriman, Planning Technician Re: Willow Glen Phase II Subdivision, SUB-02-8317-YL LIST OF EXHIBITS: Exhibit I: Site Plan and Amended Site Plan Exhibit II: Notice of Application Exhibit III: Determination of Non-Significance and Comments Exhibit IV: Public Hearing Notice Applicant: Yelm Property Development Denny Balascio 16440 SE Middle Road ' Yelm, WA 98597 Proposal: The applicant is proposing to subdivide 8.89 acres into 46 single-family lots. The property is zoned R-6 Moderate Density Residential, allowing up to 6 dwelling units per acre. Construction includes new streets, infrastructure, frontage improvements, landscaping, and stormwater facilities. SPECIAL NOTE: The applicant originally submitted preliminary plat application io subdivide the property into 45 single-family lots. The 45- lot proposal was described in the notice of application, and the SEPA determination that was mailed to the appropriate agencies and 300' property owner radius. After these notices were complete and mailed, the applicant requested to submit a change to the plat to add an additional single family lot, for a total of 46 single family lots. The addition of the single-family lot meets the density requirements for the R-6 zone, and did not significantly change the configuration of the map layout. This change is noted in the public hearing notice, and was mailed to all recipier+.ts of the original notice of application and SEPA determination. Location: The project site is located on the north side of Middle Road just east of the Prairie Creek Subdivision. The proposed project is a continuation of the existing Willow Glen Subdivision. In reviewing the plat application and tax parcel numbers, we found that the City of Yelm Zoning map did not include a small portion of this property in the City Limits. After researching the annexation, and previous boundary line adjustments for this site, it was determined that the legal description of the annexation effected by the City of Yelm via Ordinance #627 includes Parcel "A" of BLA #0309 as recorded under Auditors File No. 8510250041 in Volume 3 of Boundary Line Adjustments, Pages 635 through 639. A portion of Parcel "A", which is presently assigned tax parcel number 64303500300 by the Thurston County Assessor's Office, was excluded from the map prepared by the City and filed with the Annexation Certificate. The City believes that tax parcel 64303500300 is within the City limits through the adoption of Ordinance 627 and is proceeding with the subdivision application. On October 4, 2002, the City contacted the Office of Financial Management (OFM) - Forecasting Division with our findings. OFM has concurred that the legal description in the annexation ordinance does include the small portion of land, and that the map was incorrect. The entire parcel in question is inside the City of Yelm City Limits. Notice of Application, SEPA, and Public Hearing Notice of this application was mailed to state and local agencies, and property owners within 300 feet of the project site on September 5, 2002. Public Notice of the date and time of the Public Hearing was posted on the project site, mailed to property owners within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on October 24, 2002, and advertised in the local newspaper on October 25, 2002. The City has performed an environmental review, including review of a transportation analysis, and issued a Mitigated Determination of Nonsignificance on September 27, 2002, with a comment deadline of September October 11, 2002, and an appeal deadline of October 18, 2002. Staff Analysis and Conditions of Approval 1. Lots Size and Setbacks: Findin The R-6 District does not have a minimum or maximum lot size but it does have standard yard setbacks. CUP-02-8317-YL Staff Report 2 Finding: The layout of the proposed plat includes 3 corner lots, lot numbers 35, 58, & 59, that do not adequately represent the required setbacks. Additional challenges these corner lots provide are the safe placement of driveway entrances, and possible interference with driving sight distance if the future property owners desire to fence their yards. Conclusion: The preliminary plat map shows the typical building envelopes that project the minimum setbacks required in the R-6 Zone, except for lots 35, 58, & 59. Conditions of Approval: a. The applicant shall show adequate building envelopes for lots 35, 58, & 59 on civil plans submitted for final approval. b. The applicant shall show on civil plans, and the on the face of the final plat, the driveway placement for lot 35 to be no further than 85-feet from the North property line. c. The applicant shall show on civil plans, and the on the face of the final plat, the driveway placement for lots 58 and 59 to be no further than 30-feet from the South property line. d. The applicant shall provide specific fencing restrictions for lots 35, 58, & 59 in the Covenants and Restrictions for the Homeowners Association, and on the face of the final plat, to provide for adequate sight distance. 2. Adjacent Land Uses and Zoning: Finding: Properties to the north and east of the site are in Thurston County. Properties to the east are zoned Rural Residential (1/5) and to the north are residential and industrial. The property to the west and south of the site are zoned Moderate Density Residential (R-6). Developed densities in the immediate area range from rural (1 unit per five acres) to moderate density of 6 units per acre. Conclusion: The proposed residential subdivision is consistent with the surrounding residential uses, and creates a density of 5 units per acre, which meets the minimum and maximum requirements of the R-6 Zone. 3. Open Space: Finding: Washington State GMA Open space and recreation goal states; "Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks". RCW 36.70A.020(9). CUP-02-8317-YL Staff Report 3 Finding: The Yelm Comprehensive Plan states that adequate recreation and park facilities should be developed and improved to provide a broad range of recreational facilities which meet the needs of the Yelm community (Section VII.C.3.a.ii Yelm Comprehensive Plan). The plan further establishes a level of service for neighborhood and community park and recreation facilities is five acres of land per 1,000 population. Findin The City presently has a total of 15.26 acres of recreation and park facilities, including the 13.98-acre Longmire Community Park which is presently under construction. Yelm's 2001 population was 3,420 in 2001, according to the Thurston Regional Planning Council, which would require a minimum of 17.1 acres of recreation and park facilities pursuant to the Comprehensive Plan. Findin Yelm's average household size, according to the Thurston Regional Planning Council, is 2.50 persons per household. A 46 unit subdivision, therefore, would be expected to add 115 people to the City's population, requiring an additional 25,047 square feet of recreation and park facilities. Findin The Park fee in-lieu-of open space is placed in a separate fund in the City's budget (fund 118) which is used solely for the acquisition of land and improvement of additional park facilities. Finding: YMC Chapter 14.12 provides guidelines for the retention and creation of open space within the City. This chapter requires a minimum of five percent of the gross area be dedicated as open space or pay a fee in-lieu-of providing the open space on site. Five percent of the site is equal to 19,363 sq. ft. The fee is calculated at .77 cents per sq. ft., which equals to $14,909.51 as a fee in-lieu-of open space. The applicant has not proposed any on-site open space. Conclusion: The applicant has not included provisions for open space in the proposed plat. The City is constructing a large public park near this site. It is acceptable to allow the payment of a fee in lieu of open space for this project. Conditions of Approval: a. The applicant shall pay an open space fee in lieu of in the amount of $14,909.51 CUP-02-8317-YL Staff Report 4 4. Schools: Finding: New residential units create a demand for additional school services and facilities. The Yelm School District requests that the developer enter into an agreement with the school district for the payment of mitigation fees based on the project's impact. Conclusion: This request for a mitigation agreement between the developer and the school district became mitigation of the Environmental Determination. 5. Transportation and Site Access: Findin The property fronts on Middle Road, which is the only access to the site. No additional accesses are proposed at this time. Findin The 1992 Yelm Comprehensive Transportation Plan, the Transportation chapter of the Yelm Comprehensive Plan, and the Development Guidelines provide policies and regulations in which the Transportation Plan will be implemented. Included in these policies and regulations in the requirement of the continuation of streets. In most cases, the developer shall provide for the continuation of streets to adjoining properties and subdivisions. In the case of undeveloped land, the street ends in a cul-de-sac or hammerhead, with a sign that states "future road connection". Findin The design of Willow Glen Phase I provided for the continuation of streets into the adjacent lot, which is now Willow Glen Phase II. Willow Glen Phase II connects into Phase I by the continuation of Welch Loop, which is proposed to be change to Greenleaf Drive. Findin The completed project will increase traffic and impact the City's transportation system. Chapter 15.40, Concurrency Management, requires all development to mitigate impacts to the City transportation system. A single family home generates 1.01 p.m. peak hour trips per unit. The Transportation Facility Charge per unit is $757.50 and payable at time of building permit. Findin During the construction of Willow Glen Phase I, the applicant was given a deferral of the requirement for frontage improvements to Middle Road, agreeing to complete the frontage improvements at the time of construction of Willow Glen Phase II. CUP-02-8317-YL Staff Report cJ Conclusion: The Combination of the Willow Glen Phase I and Phase II projects meet the policies and requirements of the transportation plans of the City. The concurrency Management Ordinance provides for mitigation for the addition of traffic into the City's transportation system. The construction of Phase 11 ends the deferral of road frontage improvements to Middle Road. Conditions of Approval: a. The proponent shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building permit. b. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Frontage improvements for Middle Road shall be consistent with the section "Neighborhood Collector". Interior street improvements shall be consistent with the section "local access residential". c. Frontage improvements shall include frontage improvements deferred in the Willow Glen Phase I development. 6. Parking: Finding: Chapter 17.72, Off-Street Parking and Loading, requires minimum parking ratio of two spaces per dwelling unit. Conclusion: The applicant is proposing at a minimum to provide parking accommodations for at least two vehicles on each residential lot. 7. Water: FFinding: The City's Water Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas for approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in pace - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Any necessary water rights are considered, only after approved for municipal use by the Washington State Department of Ecology, or appropriate appeals board, and the time for appeal or challenge has expired. CUP-02-8317-YL Staff Report 6 septic and drainfield system. The existing home will be connected to City sewer service when sewer lines are approved and dedicated to the City. Conclusion: City sewer service is available to the site. The developer is responsible for extending the sewer line along the entire frontage of the parcel, and within the subdivision. Conditions of Approval: a. The proponent shall connect to the City's S.T.E.P System. The S.T. E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Community Development Department for review and approval. b. Sewer connection fees are charged at the current rate of $4,986.00 per connection, (fee subject to change) payable at building permit issuance. All connections require an inspection, with a fee of $145.00 per connection, also payable at building permit issuance. These fees will be assessed at building permit issuance for each lot. c. Existing sewage systems located on-site shall be abandoned per Article IV Rules & Regulations of the Thurston County Board of Health Governing Disposal of sewage. 9. Drainage/Stormwater: Finding: The completed project will increase impervious surfaces on the site and adjacent streets. Impervious surfaces create storm water runoff. Uncontrolled and untreated storm water runoff can create health and safety hazards. YMC requires all development to comply with the Stormwater Manual for the control and treatment of stormwater runoff. Finding: The applicant has submitted a Preliminary Stormwater Report that estimates the impervious surtace, infiltration rates of the runoff, and a conceptual design for treatment and storage of the stormwater. Following preliminary plat approval the City Stormwater Manual requires the developer to submit a final plan consistent with the final impervious calculations for the site. Finding: Stormwater facilities require continued maintenance to ensure they remain in proper working condition. Conditions of Approval: a. The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP's) are required during construction. The applicant shall compile a final storm water report along with construction drawings. CUP-02-8317-YL Staff Report $ b. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. c. The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. d. The stormwater system shall be held in common by the Homeowners. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. 10. Fire Protection: Finding: Fire protection is provided by the Thurston County Fire District #2. As development occurs there will be additional demands for fire service. Conditions of Approval: a. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. b. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. 11. Street Lighting: Findin Adequate street lighting is necessary to provide safety to pedestrians, vehicles, and homeowners. Street lighting is reviewed to assure adequate lighting. Conditions of Approval: a. Per the City of Yelm's Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. 12. Subdivision Name and Addressing: Findin The proposed project is a continuation of the existing Willow Glen Subdivision. The applicant is not proposing to change or add a new subdivision name. Addressing is approved by the Community Development Department. Conditions of Approval: a. Prior to the submission final plat application, the applicant will provide the Building Department with an addressing plat map for approval. 13. Environmental: Finding: The applicant submitted a completed environmental checklist, including a traffic analysis with preliminary plat application. The City performed and environmental review and issued a Mitigated Determination of Nonsignificance on September 27, 2002. CUP-02-8317-YL Staff Report 9 Conditions of Approval: The applicant shall comply with the mitigation requirements of the MDNS issued on September 27, 2002. Mitigation includes: a. The applicant shall mitigate transportation impacts based on the new p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 p.m. peak hour trips per residential unit. The applicant will be responsible for a TFC of $757.50 per unit, which is payable at time of building permit issuance. b. The applicant shall enter into an agreement with the Yelm School District to mitigate project impacts to the school district. /~,, (//~~ ~~ ~ ~ Vl v ~~~~~ 14. Landscaping: Findin Landscaping and screening are necessary to promote safety, to provide screening between compatible land uses, to safeguard privacy and to protect the aesthetic assets of the City. Chapter 17.80, Landscaping, requires the applicant to provide on-site landscaping for all development proposals. Finding: The site is adjacent to properties that are compatibly zoned. Chapter 17.80 requires that the perimeter of the site be landscaped with a Type II landscaping. In residential subdivisions the city also allows fencing to meet the landscaping requirement for the perimeter of the site. Finding: Landscaping is required in open space and above ground stormwater facilities. Findin The applicant has submitted a preliminary landscaping plan that is acceptable with the City. Finding: Chapter 17.80 requires that at time of civil plan review and approval the applicant provide the Community Development Department a final landscape and irrigation plan for approval. Conditions of Approval: a. The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space, and stormwater facilities. CUP-02-8317-YL Staff Report 1 ~ Conclusion and Staff Recommendation: Chapter 16.12.170 requires written findings prior to a decision on a preliminary plat. Based on the project as proposed by the applicant, and the conditions of approval as stated above, staff finds that the subdivision: a. Adequately provides for the public health, safety and general welfare and for such open spaces, drainage ways, streets a water supplies, sanitary wastes, parks and recreation, schools idewalks,' ~ ~~ b. That the public use and interest will be served by the platting of such subdivision and dedications; c. The subdivision is in conformance with The Yelm-Thurston County Joint Comprehensive Plan, the City Zoning Ordinance and the City's Development Guidelines. Based on the Analysis and Findings, and the Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-02-8317-YL. CUP-02-8317-YL Staff Report 11 CITY OF YELM EXHIBIT I SITE PLANS SUB-02-8317-YL ORIGINAL SITE PLAN 4 ~ ~£Ra~~ ~e Sa 2 a ?; S : 8 ~ q~ s ~ ~ a ~ \ ~ ~~ ~ ~'g ~ RC QQ 3g 3 ~ Se~ :R x :r: ' ~~~ ~ ~ ~ ~ p ~ ~ a'~ r ~a' ~ w\~ ~~ ~ off" e ~ ~ = ~ ~ /~~ ~~ . S.- N ~~ '= n m "__ n H ;~ z 8aQ ~ ~ _ Ym Z r 0 ~ u8=~ Q ~~ 3 f ., r Z '.r ~ r N _ ~ x. ~ ; ~ _~; ~~ 1 g Z W I , ~~ ~~ ~ ~ T ~ I ~ ~" m = O I 1 ~ , F b Se ~ ,3i~ - __ {{ ~ G R= m ~ ror z x T - ~_ > o~ ~ I ~ T ~c n X ,x ~ ~ ' ~~. a ~~ ~ ~ 1 _~Z~ { _l _ .~•,~ ,` oqy~ 1 \\`~\ G ~1.~ ~9n-1~.. ~~-~_~ ~a '- L 1;-. :` ~l ~ / -~ ' I J ~ __ ~~-"-~-^~=t ... :!mil $, EXHIBIT I, PAGE 1 OCTOBER 24, 2002 ~~ 1 ~IjOO ;cr.R ~~`s \, ~'Pp ~ '90 t `\~~_s ~..... CITY OF YELM SITE PLANS EXHIBIT I SUB-02-8317-YL ry qgp AMENDED SITE PLAN ~ ~~aa ~ ~ g~9~F ~~ ~ 3 ~~ ? 3 r ~ 53 ~\ P = ~ 9 \ ° C'7 a~ \ ~ _ She C~~ $n ~ ~ a ? ~ s ?,~y~ ;w@ ~~g~ \\ ~\ ~ ~ J~ ~ i ~ .tit- '~~: - -- ~~' \ ~ ` •. I + ~ _ . ~...'... I~ ~''~ `` ` ~1~ - la •~'s"• I~ ' ~ &9 .:.:.:. .acs . \ y : ~ vi ~i r ~ ai `~ i:: : 7~ ~ J ~ I ~.. ~ 1 . . . eE a~ 67''`x';, `-..~r;} n I • .~ I . ,:..':;: I --~-~' / Es ~ a ~ ~q, d ' ;,~ ~I €>N:::::. a ~"~" '' ~Nt sg0QAN9~AY~s~ ,;~ I, ~ ` r-- - o ~ sl a '~:: al :•I. ~~qq t: ~ ~ ~ ~ k i 19 ~'s `~ N J' I n i~' 9~ 81 ':'3::::: a o~~s.:;::i Ial I ~ - ~ P {1~#~5 .. ... ~ I \ °R y ? s •r ~ ~ Z lli1N~ I .~~7aa ~. ~•nqw ~~ I I ~ ~ 1 a ~ g np > I 8 :::::::: :: [:::[::' I N -c y ~ ~ ..~ Z I ~ ~ i:1 C ~ CI i 1 m h '~ l a ~°~~`°~ 8 ~~'~'~" 181 m I ~ •~ e ~ ~ e !'~::::': Iii ~ ~ f"' ~- - -~ s, ~ I : :::: ;:.: I ~ 4'AS_CAPIAtLAyE_$E - ~ p 34 - - - ~i ...ate.. .••rq¢ ~. I I ~ 'r ~--~ 1~ tr ~ I a 1 P` :~~ .-I . el T ~ „s' r~ ~ r~~`i: e ~ al ri, -~-- ~ I I #y511w vl -I~ ~ I I al~~ a ~ y ~,~ ~ I~,t~ I ,,.y ~ tl' I n ( , v- iu- I ~ -i J~D '~'~ I ~~ff~nrkalll~.lk~,'ir.:i$#G?aN`,K'.~ ~~~ ~~ -f ~i a . ~ is '~. ~\• 3p? I l^''r1, I 'at ~ I _# ~ ~/. ~ I .. I ° 7 '=` Y~~ ° ~ ~ I ~ 4 I v ~ ~ ~ _ '_~ •. __l_L______ .__a ~woc_ __ 1Uv _C~cr I_ _ EXHIBIT 1, PAGE 2 OCTOBER 24, 2002 CITY OF YELM EXHIBIT II NOTICE OF APPLICATION SUB-02-8317-YL v% irk Fr ~'~ ~~ ~` ~f~ ~~ V~~~~ W~~F+INCT~N CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3835 NOTICE OF APPLICATION Mailed on: September 5. 2002 PROJECT NAME AND LOCATION: Willow Glen Phase II Welch Loop SE (extension of Welch Street) LAND USE CASE: SUB-02-8317-YL An application submitted by Yelm Property Development, LLC, 16440 SE Middle Road, Yelm, WA 98597, for the above-referenced project was received by the City of Yelm on May 23, 2002. The City has determined the application to be complete on•September 4, 2002. The application and any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information please contact Tami Merriman, Community Development Department, at (360) 458-3835. PROJECT DESCRIPTION: The project proposal is to subdivide 8.68 acres into 45 single-family residential lots with roadway, utilities and stormwater facilities. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: An Environmental Checklist, Traffic Impact Analysis, and a preliminary Storm Drainage Analysis and Report were also submitted. Additional Information or Project Studies Requested by the City: The City has not requested any additional information at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm WA 98597, 360- 458-3835. THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON SEPTEMBER 20, 2002. This notice has been provided to appropriate local and state agencies, and property owners within 300 feet of the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in vrriting. Additionally, there will be a 14-day public comment period if an environmental determination is issued. Opportunities for appeal occur within twenty one (21) days after the date the environmental determination is issued. City Council decision can be appealed through Superior Court. Appeals of site plan revie~r~ decisions may be filed within 14 days of Notice of Final Decision. EXHIBIT II, PAGE 1 OCTOBER 24, 2002 CITY OF YELM EXHIBIT III DETERMINATION OF NONS~.~NIFICANCE AND COMMENTS SU B-02-8317-YL MITIGATED DETERMINATION OF NONSIGNIFICANCE SEPA NO: 8317 Proponent: Yelm Property Deveopment, LLC. Description of Proposal: Subdivide 8.68 acres into 45 single family residential lots. The project includes the construction of stormwater facilities, interior streets, and street improvements to Middle Road. Location of the Proposal: The project site. is located on Middle Road, between Railway Road, and 100' Way SE. Section/Township/Range: Section 19, Township 17N Range 2E. Threshold Determination: The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment. Therefore, an environmental impact statement (E1S) will not be required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Conditions/Mitigating Measures: SEE ATTACHED Lead agency: City of Yelm Responsible Official: Grant Beck, Community Development Director Date of Iss :September 27, 2002 Comm t Deadiine: ; 5:00 p.m., October 11, 2002 ~" ~ ~ i~~f ~ Grant,8eck, Community Development Director ThislGlitigated Determination of NonSignificance (MDNS) is issued pursuant to Washington Administrative Code 197-11-340(2). Comments must be submitted to Tami Merriman, Community Development Department, at City of Yelm, 105 Yelm Ave. W., P.O. Box 479, Yelm, WA 98597, by 5:00 p.m., October 11, 2002. The City of Yelm will not act on this proposal prior to 5:00 p.m., October 18, 2002. You may appeal this determination to the Yelm City Council, at above address, by submitting a written appeal no later than 5:00 p.m., October 18, 2002. You should be prepared to make specific factual objections. Contact Grant Beck, Community Development Director, to learn more about the procedures for SEPA appeals. This MDNS is not a permit and does not by itself constitute project approval. The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. DO NOT PUBLISH BELObV THIS LINE Published: Nisqual(y Valley Nevrs, Friday, October 4, 2002 Posted in public areas: Friday, September 27, 2002 Copies to: All agercies;citizens on SEPA mailing list and adjacent property owners, September 27, 2002 Dept. of Ecology w/checklist, September 27, 2002. EXHIBIT III, PAGE 1 OCTOBER 24, 2002 CITY OF YELM DETERMINATION OF NON ..NIFICANCE AND COMMENTS EXHIBIT III SUB-02-8317-YL ATTACHMENT SEPA CASE NO.: 8317 This Mitigated Determination of Non Significance is based on the project as proposed and impacts and mitigation reflected in the fallowing: • Environmental Checklist (dated May 22, 2002, prepared by Skillings-Connolly, Inc.) • Traffic Impact Analysis (dated August 22, 2002, prepared by Skillings-Connolly, Inc.) • Preliminary Storm Drainage and Erosion Control Report (dated September 2002, prepared by Skillings-Connolly) And the following conditions: 1. The proponent shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building permit. 2. The developer shall enter into an agreement with the Yelm School District to mitigate project impacts to the school district. EXHIBIT III, PAGE 2 OCTOBER 24, 2002 CITY OF YELM DETERMINATION OF NON:. ,NIFICANCE AND COMMENTS EXHIBIT III SUB-02-8317-YL `f, yrn'rp o ~~~ ~~i ~l'tlim~ ~" I.iMtl ', STATE QE WASHINGTQN DEPARTMENT OF L-C_:OLOGY P.U. Box 47775 • Olympia, W~shingtnn 98504-777.1. (360) a07-63p0 October 11, 204? IVls. Tami Memman City of Yelm ... ~ . t_ ;. , r•.:;... ;~ ,t ~ `~~` ~ , 4 I Your address . Community Development Department ~„~:.• • :' r'1 "}'•'t is in the ' P.U. Box X79 ,, , •i t b. , ~~:k. .i ~ ~ ~ a~?a~~'~;u3tp;i~ ~ - ~ ~ Yelm, WA 98597 ~, ~~., °, ,+' `` ~ ~ ,• 1 ~,:•'~ watershed w, ~ • rti ~~ ,... .~ ~-~~ L7ear iVts. iViemman: . , Thank you for the opportunity to comment on the mitigated detcrnlination ofnon-significance for the proposed subdivision of acreage for family residential lots, located on Middle !toad, hraween Railway Road and 14U"' Way SF., as proposed by Yelm Property Development, We reviewed the environmental checklist and have the following comments: Water Ouali~: 1rosion control measures must be in place prior to any cli;aring, ip-ading, or construction. 'these cont,•ol treasures must be effective to prevent soil from being carried into surface water by stotntwatcr ntnoff. Sand, silt, and soi! will damage aquatic habitat and arc considered pollutants. Any discharge of sediment-laden runoff or other pollutants to waters of the stab is in violation of Chapter 90.4£x; 'Water Pollution Control, and WA.C~ ] 73-?OIA, W<tter Quality Standards for Surface Waters of the State of tiVashington, and is subject to enforcement action. During construction, all releases of oils, hydraulic fluids, fuels, other petroleum products, paints, solvents, and other deleterious materials must be contained and removed in a manner that will prevent their discharge to waters and soils of the state. The cleanup of spills should take precedence over other work on the site. Coverage under the General Baseline Stormwater Water Perniit is required For construction sites tn•eater than tivc acres. if you have any questiwu ~r would likz to respond to these comments, please call NIs. Margaret Hi[1 with the Water Quality Progratti a;t (3611) ~U7-p34Ci. Sincerely, (~ j ~`~ ~j Jeri Berubc SLP:'1 Coordinator South~~•est Re;ional Oftice JB:lmc(02-G 134) ce: Yelm Properny Development, LLC, Applicant ,Margaret Bill, S~~ROi~VQ EXHIBIT III, PAGE 3 i~J OCTOBER 24, 2002 CITY OF YELM EXHIBIT IV PUBLIC HEARING NOTICE SU B-02-8317-YL CF Tg~ A~9~~ ~~ ~~ YELM WASMIN6TON City of Yelm ]OS Yelm Avenue West P.O. Box 479 Yelm, Washington 9897 (360) 458-3244 NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, November 4, 2002, 9:00 a.m. PLACE: City Hall Council Chambers, 105 Yelm Ave W., Yelm WA PURPOSE: Public Hearing to receive comments on a 46 lot Residential Subdivision, Case #SUB-02-8317-YL APPLICANT: Yelm Property Development, L.L.C. PROJECT LOCATION: 16440 SE Middle Road, Yelm, WA 98597 The~Yelm Hearing Examiner will hold a public hearing to receive comments on a proposed 46- lot Residential Subdivision. The Hearing Examiner will make a decision on the matter within 10 days after the hearing. Special Note: The applicant originally submitted preliminary plat application to subdivide the property into 45 single-family lofs. The 45-lot proposal was described in the notice of application, and fhe SEPA determination that was mailed fo the appropriafe agencies, and 300' property owner radius. After these notices were complete and mailed, the applicant requested to submit a change fo the plat to add an additional single family lot, for a total of 46 single family lots. This change is noted in this public hearing notice, and is being mailed fo all recipienfs of the original notice of application and SEPA determination. Testimony may be given at the hearing or through any written comments on the proposal, received by the close of the public hearing on November 4, 2002. Such written comments may be submitted to the City of Yelm at the address shown above, or mailed to the City of Yelm Community Development Department, PO Box 479, Yelm WA 98597. Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please contact Tami Merriman at (360) 458-3835. The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate in this hearing, please call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting. ATTEST: City of Yelm .ones Bennick. City Clerk DO NOT PUBLISH BELO'/`1 THIS LINE Pubiisred in the Nisqualiy Valley Ne~r1s: Friday. October 25, 2002. 7vlailed to Adjacent Property O~;mers and Posted in Puhlic Planes: October 24, 2002. Tire Cifq o(Ydnr rs n» Equal Opportmiih/ Prnz~iller EXHIBIT IV, PAGE 1 OCTOBER 24, 2002