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Hearing Examiner Staff Report City of Yelm 105 Yelm Avenue West P.O. Box 947 Yelm, WA 98597 (360) 458-3244   To: Stephen Causseaux, Jr., Hearing Examiner From: Grant Beck, Director of Community Development Date: XXXX Subj: Benum|Coyne Subdivision and Shoreline Permit, SUB-02-8329-YL List of Exhibits: Exhibit I Site Plan and Application Packet Exhibit II Notice of Application Exhibit III Determination of Non-Significance and Comments Exhibit IV Public Hearing Notice Applicant: Robert Coyne and Robert Benum Benum Enterprises P.O. Box 73130 Puyallup, WA 98373 Agent: Terry Brink Gordon, Thomas, Honeywell, Malanca, Peterson, & Daheim, LLP 1201 Pacific Avenue, Suite 2200 P.O. Box 1157 Tacoma, WA 98401-1157 Engineer: James Crippen, P.E. 2601 South 35th Street, Suite 200 Tacoma, WA 98409 Proposal: The applicant is proposing to subdivide approximately 28.02 acres into 108 single-family residential lots in two phases. The property is zoned R-4 Low Density Residential, which allows up to 4 dwelling units per acre. Location: The property is located on the east side of Wilkenson Road, bounded on the north by the Centralia Power Canal and on the east by the Yelm|Roy Prairie Line Railroad, in a portion of Sections 17 and 20, Township 17 North, Range 2 West, W.M. The property is identified by Assessor’s Tax Parcel Numbers 64301200100 and 22717330100. Description of Property: The subject property is a triangluar parcel of land approximately 28.02 acres in area, bounded on the north by the Centralia Power Canal, on the southeast by the Yelm|Roy Prarie Line Railroad, and on the west by Wilkensen Road. The Centralia Power Canal was constructed in the 1920’s to provide hydroelectric power to the City of Centralia. Water from the Nisqually River is diverted to the power canal and serves the hydroelectric generating facility located west of the City of Yelm. The power canal is a shoreline of the state pursuant to the Shoreline Management Act and it’s rules. The Yelm|Roy Prarie Line Railroad is a City owned short line railroad that, although is unused at this time, will serve Yelm’s industrial area located southwest of the project site. The right-of-way and tracks are both owned by the City of Yelm. The property also is bisected by a natural gas pipeline owned by the Olympic Pipeline Company and located within a 30 foot easement which generally runs along the eastern property line. At the northern end of the property, the easement is approximately 230 feet west of the property line, creating a triangular portion of the site that is detached from the main portion of the property by the pipeline. This area would include the recreational open space, a portion of the stormwater facilities, and three lots. The property is very flat and level, ranging in elevation from approximately 224 feet to 336 feet. The northeast corner of the property is the lowest point of the property and is the proposed location for the stormwater facilities. The property is currently vacant with scotch broom and several douglas firs. 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 February 2, 2003. 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 DATE, and advertised in the local newspaper on DATE. The City has performed an environmental review, including review of a transportation analysis, and issued a Mitigated Determination of Nonsignificance on February 7, 2003, with a comment deadline of September February 21, 2003, and an appeal deadline of February 28, 2003. Staff Analysis and Recommended Conditions of Approval 1. Lots Size and Setbacks: Finding - The R-4 zoning district does not have a minimum or maximum lot size, although it does require standard yard setbacks of 15 feet from the front property line adjacent to local access road (with a minimum 20 foot driveway approach), 5 feet from side property lines (with a minimum of 12 feet between the two side yards), and 25 feet from the rear property line. The setback on a flanking yard is 15 feet from the property line. The maximum building coverage allowed is 50% and the maximum development coverage is 75% of the lot. Conclusion - Proposed Conditions of Approval - 1.A. 1.B. 2. Adjacent Land Uses and Zoning: Finding - Properties to the north and southeast subject property are in unincorporated Thurston County. The area southeast of the property is within Yelm’s Urban Growth Area. The area to the north is zoned Rural Residential 2/1 (1 home per ½ acre), the area to the northeast and southeast is zoned Rural Residential 1/5 (1 home per 5 acres), the area to the southwest is zoned Industrial, and the area to the west is zoned R-4. Developed densities in the immediate area range from rural (1 unit per five acres or greater) to suburban (2 to 4 units per acre). Conclusion - 3. Open Space: Finding - The Growth Management Act establishes a goal for open space and recreation that 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)]. 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 of five acres of land per 1,000 population. Finding - 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 3,485 in 2002, according to the Thurston Regional Planning Council, which would require a minimum of 17 acres of recreation and park facilities pursuant to the Comprehensive Plan. Finding - Yelm's average household size, according to the Thurston Regional Planning Council, is 2.50 persons per household. A 108 unit subdivision, therefore, would be expected to add 270 people to the City's population, requiring an additional 11,760 square feet of recreation and park facilities. Finding - Chapter 14.12 YMC 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 61,027 sq. ft. Finding - The proposed subdivision includes 133,688 sq. ft. (just over 3 acres) of open space generally located between the Olympic Pipeline Company easement and the Yelm|Roy Prairie Line Railroad, and includes a 4 foot wide footpath. Conclusion - The applicant has exceeded the minimum recreation and open space requirements. 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 a mitigation measure of the Environmental Determination. 5. Transportation and Site Access: Finding - The property fronts Wilkenson Road, which is the only vehicular access to the property. The subdivision proposes two access connections to Wilkensen, one approximately 375 feet north of the intersection of Canal Road and Wilkersen Road and the second approximately 200 feet south of the Centralia Power Canal. Finding - 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”. Finding - The site conditons do not allow for any continuation of interior streets as the property is bounded by a public street, the Centralia Power Canal, and the Yelm|Roy Prarie Line Railroad. Finding - 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 issuance. Finding - Apex Engineering prepared a traffic impact analysis which analized the traffic impacts of the proposed development. The analysis found that the project would generate 1,034 vehicles per day of average weekday traffic, with a PM peak of 109 vehicles per hour which is a 19% increase over the existing peak PM volume of 563 vehicles per hour. Finding - The City of Yelm Development Guidelines require all new developments, including subdivisions, improve street frontages to current standards. Wilkersen Road is a neighborhood collector, which requires a 16 foot drive lane, vertical curb, a 7 foot planter strip with street trees 35 feet on center and street lighting as required by the City Engineer, and a 5 foot sidewalk. Finding - Intercity Transit reviewed the proposed subdivision and indicated that Finding - Canal Road Finding - The proposed 510|507 Loop is identified to bisect the subject property. The Loop is a proposed replacement for State Routes 507 and 510 through the City of Yelm, creating a route for regional traffic to avoid the City core and local access traffic. The Loop has been identified, an Environmental Assessment has been prepared, and a Finding of No Significant Impact has been issued. A public process was used to identify the proposed route and the Yelm Comprehensive Plan was updated to adopt the route as part of the transportation system in the City. Yelm is currently attempting to obtain funding for preliminary engineering and right-of-way acquisition for the northern portion of the Loop. Finding - The Yelm Comprehensive Plan was updated in 2000 to adopt the preferred alternative location of the 510|507 Loop, known as the Y2/Y3 transportation corridor, as identified in the Y2/Y3 Environmental Assessment. Finding - The Yelm Comprehensive Transportation Plan is adopted as an element of the Comprehensive Plan and includes the 510|507 Loop as part of the Transportation Improvement Program. Finding - The Yelm Comprehensive Transportation Plan establishes a the following policy regarding right-of-way… To retain existing right-of-way and to identify, aquire, and preserve rights-of-way. The City intends to use the recommendations from this Transportation Plan to identify current and future transportation system needs. The City will identify specific transportation system needs. The City will identify specific transportation corridors and alignmnets and locate and protec needed rights-of-way as soon as possible. Some methods that will be used to acquire and preserve rights-of-way include: Requiring dedication of rights-of-way as a condition for development when the need for such rights-of-way is linked to the development; Requesting donations of rights-of-way to the public; Purchasing rights-of-way by paying fair market value; and Acquiring development rights and easements from property owners. The City also seeks to protect rights-of-way from encroachment by any structure, substantial landscaping, or other obstruction to preserve the integrity of a comprehensive plan recommendation. Protection methods that may be used include a minimum setback requirement for property improvements to preserve sufficent right-of-way to allow for expansion of roadways; and development of specific guidelines regarding the installtion and maintenance of any landscaping within the public right-of-way. Conclusion - Proposed Conditions of Approval - 5.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 issuance. 5.B. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm’s Development Guidelines. Frontage improvements for Wilkensen Road shall be consistent with the section “Neighborhood Collector”. Interior street improvements shall be consistent with the section “local access residential”. 6. Parking: Finding - Chapter 17.72, Off-Street Parking and Loading, requires minimum parking ratio of two spaces per dwelling unit. Conclusion - The lots within the proposed subdivision allows sufficent area for 2 parking spaces while meeting the maximum lot coverage of 75%. 7. Water: Finding - 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. Finding - There is an existing 10 inch PVC water line on N.P. Road SE approximately 1,200 feet south of the southern boundary of the subject property. There is a second existing water line approximately 1,200 feet north of the northern property line on Wilkersen Road, which is an 8 inch PVC line. The applicant has proposed connecting to the existing water line on N.P. Road to the south of the project. Finding - The City of Yelm Comprehensive Water Plan calls for a 10 inch PVC line to connect the line on N.P. Road and the line on Wilkerson Road. Finding - The Fire Codes and Development Guidelines require minimum fire flows of 1,500 gallons per minute for 120 minutes with a minimum system pressure of 20-psi. Completing the loop between the Wilkerson Road and N.P. Road water lines would increase available fire flow at the project site. Conclusion - Conditions of Approval - 7.A. 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. 7.B. If required fire flows cannot be met through the connection of the project to the existing line at N.P. Road, the developer shall complete the loop by extending a 10 inch water main from the project site to the existing 8 inch line near the end of Wilkerson Road. 8. Wastewater: Finding - The city’s Sewer Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas or approval and the extension of facilities. Completion of such activities is dependent on grand 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. Finding - The nearest existing sewer line is located at the intersection of N.P. Road and Rhoton Road, approximately 3,500 feet south of the project site. However, the City of Yelm sewer treatment plant is located on N.P. Road. A direct connection into the plant would require the installation of approximately 2,000 feet of sewer line. Finding - The property owners participated in the Local Improvement District for the construction of the sewer treatment plant and purchased 108 connections through the LID. Conclusion - City sewer service is available to the site from the treatment plant on N.P. Road. The developer is responsible for extending the sewer line to the property, along the entire frontage of the parcel, and within the subdivision. Conditions of Approval - 8.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. 8.B. Sewer connection fees for properties participating in the LID are charged at the current discount rate of $2,620.00 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. 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. The City of Yelm 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 surface, 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 - The Preliminary Stormwater Report does not include the surface water runnoff from the frontange improvement on Wilkerson Road and understates the amount of impervious surfaces in the proposed internal roadways. Including this additional stormwater runoff in the pond size calculations will probably require a larger treatment area and infiltration area within the stormwater pond system. There is sufficient area within the stormwater tract and the open space tract to accommodate a larger stormwater pond and still meet open space requirements. Finding - Stormwater facilities require continued maintenance to ensure they remain in proper working condition. Conditions of Approval - 9.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. 9.B. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. 9.C. The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. 9.D. The stormwater system shall be held in common by the Homeowners Association. 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 – 10.A. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans prior to final subdivision approval. 10.B. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 11. Street Lighting: Finding - Adequate street lighting is necessary to provide safety to pedestrians, vehicles, and homeowners. Street lighting is reviewed to assure adequate lighting. Conditions of Approval - 11.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: Finding - The proposed project is not currently named. Addressing is approved by the Community Development Department. Conditions of Approval - 12.A. Prior to the submission final plat application, the applicant will provide the Community Development Department with a proposed subdivision name which is unique within the City of Yelm and is distinguisable from other subdivision names and an addressing plat map for approval. 13. State Environmental Policy Act: Finding - The applicant submitted a completed environmental checklist, including a traffic analysis with preliminary subdivision application. The City performed an environmental review and issued a Mitigated Determination of Nonsignificance on February 7, 2003. Conditions of Approval - 13.A. The applicant shall comply with the mitigation requirements of the MDNS issued on February 7, 2003. Mitigation includes: 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. Prior to final subdivision approval, the developer shall realign Canal Road with Wilkerson to meet City Standards for intersections. Improvements to the intersection shall include core road improvements. Prior to final subdivision approval, the propenent shall submit to the City of Yelm a signed school mitigation agreeement between the developer and the Yelm School District. 14. Landscaping: Finding - 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. 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 - 14.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. 15. Shoreline Management Act and Thurston County Shoreline Master Program: Finding - Conclusion and Staff Recommendation: Section 16.12.170 YMC requires written findings prior to a decision on a preliminary plat. Based on the project as proposed by the applicant, and the proposed conditions of approval as stated above, Community Development staff finds that the subdivision: Adequately provides for the public health, safety and general welfare and for such open spaces, drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation, schools, and sidewalks; That the public use and interest will be served by the subdivision of the property, if conditioned as proposed; The subdivision, if conditioned as proposed, is in conformance with the Yelm-Thurston County Joint Comprehensive Plan, the City of Yelm Zoning Code, the City of Yelm Subdivision Code, the Shoreline Management Act and the Thurston Councy Shoreline Master Program, and the City of Yelm Development Guidelines. Based on the Analysis and Findings, and the Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-02-8329-YL.