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Approval City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597   Case Number: SPR-04-0147-YL Applicant: Tom Jensen South Bay Homes 115 McCormick Street NE Olympia, WA 98508 Owner: Paul & Cathy Huynh 3817 Pacific Ave. SE Lacey, WA 98503 Agent: David W. Spiller Hatton Godat Pantier 1840 Barnes Blvd. SW Tumwater, WA 98512 Summary of Request: Construct a 3,000 sq. ft. Restaurant Summary of Decision: Approved, subject to conditions Proposal Tom Jensen, South Bay Homes, on behalf of Paul and Cathy Huynh has applied for site plan review approval in order to construct a 3,000 sq. ft. restaurant and associated parking. Findings of Fact Site Plan Review A Notice of Application was mailed to local and state agencies and surrounding property owners on September 28, 2004. Section 17.84.020 (C) Yelm Municipal Code allows the Site Plan Review Committee to approve a proposal when the site plan conforms to the standards, provisions and policies of the city as expressed in its various adopted plans and ordinances including the applicable sections of the shoreline master program for the Thurston Region. Property Characteristics The property is located on the south side of Yelm Avenue West, across from Killion Road, and is identified by assessor tax parcel number 21724130800. The area to the north and east of the property is commercially zoned with existing commercial uses. The area to the south and west of the property is zoned Commercial, and is currently vacant. The property is identified by the Yelm Comprehensive Plan Map as Commercial (C-1), which was created to provide for the location of business centers to serve the needs of the community for goods and services such as food, drugs, household supplies, automobile servicing, recreation, entertainment and other uses related to, but lesser in scope, than the downtown core. Restaurant facilities are allowed as a permitted use, subject to site plan review approval. Chapter 17.26 YMC establishes the allowed uses and the development standards for the Commercial District, as follows: Maximum height of buildings: 40 feet Side yard minimum setback: 10 feet Rear yard minimum setback: 20 feet Front yard minimum setback: 15 feet The City of Yelm will provide police protection, water service, and sewer service to the proposed development. Fire protection services are provided by The SE Thurston Fire/EMS District (Thurston County Fire Protection District #2). Concurrency Chapter 15.40 YMC requires the reviewing authority to determine that required urban infrastructure is available at the time of development. Concurrency with sewer infrastructure is achieved pursuant to Section 15.40.020 (B)(1) YMC when the project is within an area approved for sewer pursuant to the adopted sewer comprehensive plan for the city and improvements necessary to provide city standard facilities and services are present to meet the needs of the proposed development. Concurrency with water infrastructure is achieved pursuant to Section 15.40.020 (B)(2) YMC when the project is within an area approved for municipal water service pursuant to the adopted water comprehensive plan for the city and improvements necessary to provide city standard facilities and services are present. Concurrency with transportation infrastructure is achieved pursuant to Section 15.40.020 (5)(c) YMC when the project: Makes on-site and frontage improvements consistent with city standards and roads necessary to serve the proposed project consistent with safety and public interest; Makes such off-site facility improvements, not listed on the capital facilities plan, as are necessary to meet city standards for the safe movement of traffic and pedestrians attributable to the project; Makes a contribution to the facilities relating to capacity improvements identified in the adopted six-year traffic improvement program, in the form of a transportation facility charge. State Environmental Policy Act (SEPA) This project is exempt from SEPA, Section 197-11-800(1)(b)(iii) WAC Exemptions: The construction of an office, school, commercial, recreational, service or storage building with 4,000 sq. ft. of gross floor area, and with associated parking facilities for up to and including 20 automobiles. Transportation Yelm is a small compact community most directly affected by two state highways, SR 510 and SR 507, which bisect the community. These state routes are used by local residents for transportation throughout the City, and for access to commercial and residential areas throughout the community as well as serving regional traffic. The updated Transportation element of the Yelm Comprehensive Plan identifies a number of improvements designed to avoid the need to significantly widen existing streets, and particularly Yelm Avenue. New development impacts the transportation system in Yelm and, unless the improvements identified in the transportation plan are constructed, the City would need to require developers to pay the cost of internal street widening. The City has adopted a Transportation Facility Charge (TFC) of $750.00 per pm peak trip. The TFC Ordinance provides a default table that is used to determine new peak PM trips generated by a proposed use, which in the case of a restaurant is 6.13 peak PM trips per 1,000 sq. ft. of gross floor area. The following formula will be used to determine the TFC charge at the time of tenant improvement; New Trip Generation Rate x gross floor area ÷ 1,000 x $750. The property fronts Yelm Avenue West (SR 510), which is identified as an ‘urban arterial’ street. The standards for an urban arterial includes a 12 foot center turn lane, 11 foot drive lane, a 5 foot bike lane, curb and gutter. The site also falls into the Pedestrian-Oriented Street standard, which uses the urban arterial traffic lanes, and includes a 12’ sidewalk, with street trees placed in grated areas, 35-feet on center. There is a future road proposed on the west side of this property. The City of Yelm Transportation Comprehensive plan calls for the realignment of Killion Road, a signal, and Killion Road extending south as a boulevard, to serve the Thurston Highlands Master Planned Community area. To assure transportation concurrency, provisions for this planned road should be made during this development. Dedicating the needed right-of-way for this future road shall be required upon approval of civil plans, and a Waiver of Protest (LID/ULID/LATECOMER) signed and recorded. Until such time as the road is built, there remains a 34-foot ingress/egress easement to serve the adjoining lot to the south. Future expansion on this site would require frontage improvements on the future Killion Road. Access on Yelm Avenue West must prepare for the future signal at Killion Road. Placing the driveway to the east side of the property provides the best access to Yelm Avenue when Killion Road is extended. Water Supply The City’s Water Comprehensive Plan identifies the property as being within the water service area. There is a 10 inch water line on the north side of Yelm Avenue. The applicant shall connect to City water services. The City allows limited crossings on Yelm Avenue, and should determine area for crossing. The current fee to connect to the City water system is $1,500.00 per Equivalent Residential Unit (each ERU equals 240 gallons of water consumption per day). The applicant is responsible for providing water usage calculations to determine the connection fees. The City of Yelm is dedicated to providing the best quality water possible to its consumers. Section 246-290-490, Washington Administrative Code, requires that the City take measures to ensure that contamination does not occur as a result of cross contamination. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area. There is a 4 inch sewer main located along the front of the property at Yelm Avenue West. The applicant shall connect to City sewer services. The current fee to connect to the City sewer system is $5,269.00 per Equivalent Residential Unit (each ERU equals 240 gallons of water consumption per day). The number of ERU’s required to be purchased will be determined by approved water consumption calculations. Stormwater Impervious surfaces create stormwater runoff which, when uncontrolled and untreated can create health, safety, and environmental hazards. The City of Yelm has adopted the 1992 Department of Ecology Stormwater Manual, which requires all development to treat and control stormwater when over 5,000 square feet of impervious surface is created. Parking The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code address parking regulations from many aspects, including, but not limited to the design of lots, the number of stalls required, pedestrian pathways within lots, and safety. The requirements of off-street parking and loading facilities and their design shall be regarded as the minimum; however, the owner, developer or operator of the premises for which the parking facilities are intended shall be responsible for providing adequate amounts and arrangement of space for the particular premises even though such space or its arrangement is in excess of the minimum set forth. The minimum parking requirements for a restaurant is one (1) stall for every 200 sq. ft. of gross floor area. The Americans with Disabilities Act (ADA) requires handicap accessible stalls. The requirement for ADA stalls for parking lots under 25 stalls is at least one stall that is van accessible. Fire Fire protection to the buildings must be provided per the International Fire Code. The specific requirements for installation of additional fire hydrants and fire lanes will be determined during civil plan review. The International Building Code (IBC) provides occupancy ratings for different types of uses. The fire coverage and fire systems for the proposed use must meet IBC requirements. Landscaping Landscaping and screening are necessary to provide screening between compatible and incompatible land uses, to safeguard privacy and to preserve the aesthetic assets of the City. Chapter 17.80 YMC requires all development to provide on site landscaping. Type II landscaping is intended to provide visual separation of uses from streets, and visual separation of compatible uses so as to soften the appearance of streets, parking areas, and building elevation. This landscaping is used around the perimeter of a site when adjoining properties are compatibly zoned, and adjacent to buildings. Type III landscaping is intended to provide visual relief where clear sight is desired. This landscaping is utilized along pedestrian corridors and walks for separation of pedestrians from streets and parking areas. Type IV landscaping is intended to provide visual relief and shade in parking areas. Type V landscaping is required in storm water retention areas, if required. Refuse The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code provide guidance for refuse storage and screening. Refuse areas are required to be assessable by LeMay, screened with a material and design compatible with the overall architectural theme of the associated structure, at least as high as the refuse container, and must be at least six-feet in height with a gate enclosure. No refuse container is allowed between a public street and the front of a building. Refuse collection areas must be designed to contain all refuse generated on site and deposited between collections and refuse should not be visible from outside the refuse enclosure. Design Guidelines The City of Yelm Design Guidelines apply to Yelm’s Commercial core. This property is located in the pedestrian oriented section, as described in the Design Guidelines as Village Retail. Items such as providing a pedestrian oriented façade, the siting of service areas, location of parking areas, enhancing street corners, and providing safe pedestrian access are included in site plan review. Conclusions of Law A. The Site Plan Review Committee has jurisdiction to consider and decide the issues presented by this request. B. The applicant has established that the request for site plan review approval satisfies all criteria set forth in Section 18.84.020 (C) YMC, meets all requirements of the Institutional District zoning classification, and meets all other requirements of the Yelm Municipal Code. Therefore, the site plan should be approved subject to the following conditions: 1. The applicant shall mitigate transportation impacts based on the P.M. peak hour trips generated by the project, which is 6.13 per 1,000 sq. ft. For a 3,000 sq. ft. restaurant, the TFC charge is $13,792.50. The applicant shall construct frontage improvements to Yelm Avenue West to City of Yelm’s Pedestrian Oriented Street standard. This includes the Urban Arterial street standard and pedestrian oriented sidewalks. The curb returns must extend around the corner of the property to the ultimate location of sidewalk on the future Killion Road extension. The applicant shall dedicate to the City of Yelm, the right-of-way required for the future Killion Road Extension, and prepare and record a Waiver of Protest (LID/ULID/LATECOMER). The applicant shall connect to the City water system. The cost to connect shall include a fee of $1,500.00 per Equivalent Residential Unit. The number of ERU’s will be calculated on water usage based on calculations submitted by the applicant. Water connection fees shall be paid at building permit issuance. The applicant shall meet all conditions for cross connection control as required in section 246-290-490 WAC. The applicant shall connect to the City S.T.E.P. sewer system. The cost to connect shall include a fee of $5,269.00 per ERU required beyond any ERU previously purchased. The number of ERU’s required will be determined by approved water consumption calculations. Sewer connection fees shall be paid at building permit issuance. The applicant shall install a grease interceptor, sized to development standards to protect the City of Yelm sewer system. Upon completion of the onsite installation as per the City’s Development Guidelines, the S.T.E.P. sewer equipment, appurtenances and lines, from the step tank to the sewer main, shall be deeded to the City and an easement provided for maintenance. The applicant shall design and construct all stormwater facilities in accordance with the 1992 Department of Ecology Stormwater Manual, as adopted by the City of Yelm. All stormwater retention/detention areas must be located at least 10-feet from all property lines. Parking shall be provided in accordance with the City of Yelm Development Guideline standards based on one space per 200 sq. ft. of gross floor area. A 3,000 sq. ft. restaurant requires a minimum of 15 parking stalls, one being ADA van accessible. The applicant shall submit fire flow calculations for all existing and proposed hydrants in accordance with the International Fire Code and International Building Code. All hydrants must meet minimum City standards in the Development Guidelines. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. The civil plans shall include complete landscaping plans in accordance with Chapter 17.80 YMC, including provisions for irrigation and for maintenance of landscaping. A Type II landscape buffer is required along the perimeter of the site. In this instance, the Type II landscaping on the south property line may surround the active development. Type III landscaping is required on Yelm Avenue West frontage, based on the Pedestrian Oriented street detail. Type IV landscaping is required in all parking areas. Type V landscaping is required in any above ground stormwater facilities. Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. Screening shall be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six-feet in height with a gate enclosure. The fence shall be a solid material such as wood or masonry, and shall be designed per the City of Yelm Development guidelines. The applicant must meet Design Guideline I.A.(1) by presenting a pedestrian oriented façade using methods described in the Design Guidelines. C. The Site Plan is valid for eighteen (18) months from the date of this approval. The applicant may request a six-month extension on the approval, if the request is made in writing prior to the expiration date of this approval. If you need additional information or assistance, please call the Community Development Department at (360) 458-3835. Decision The request for site plan review approval is hereby granted subject to the conditions contained in the conclusions above. APPROVED this 28th day of October, 2004. Grant Beck, Director of Community Development Site Plan Review Committee City of Yelm Appeal Site Plan Approval is a Type II Administrative land use approval. An appeal of this decision can be filed within 14 days from the date of this approval, pursuant to YMC, Chapter 15.49, Integrated Project Review Process. Any appeal must be in writing, contain specific factual objections, and include the appeal fee of $50.00.