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8346 Hearing Examiner ReportDate: September 26, 2003 To: Stephen Causseaux, Jr., Hearing Examiner From: Tami Merriman, Assistant Planner Re: Cherry Meadows Preliminary Plat, SUB-03-8340-YL LIST OF EXHIBITS: Exhibit I - Site Plan, dated May 15, 2003 Exhibit II – Notice of Application Exhibit III - Mitigated Determination of Non-Significance, and comment letters. Exhibit IV – Letters of Intent, Open Space Improvements and Tree and Vegetation Exhibit V - Public Hearing Notice Applicant. D&D Associates, LLC; Don Findlay P.O. Box 310 Gig Harbor, WA 98335 Location: The project site is approximately 40.42 acres, located between Cullens Road, and Killion Road, approximately 1800 feet north of Yelm Avenue West. Proposal: The applicant proposes to subdivide 40.42 acres into 202 single-family residential lots. The proposed plat includes stormwater facilities, open space, and new streets. The project is planned to be constructed in three (3) phases. DEPARTMENT ANALYSIS AND FINDINGS: Public Notice. Notice of the Public Hearing was published in the Nisqually Valley News on Friday, September 26, 2003, and posted in public areas on Wednesday, September 24, 2003. The notice was mailed to adjacent property owners, and the applicant, on September 24, 2003. Existing Land Use, Zoning, and Density. The site is a 40.42 acre parcel, situated between Cullens Road, and Killion Road, north of Yelm Avenue West. The site is zoned Moderate Density Residential (R-6), Chapter 17.15 Yelm Municipal Code (YMC). In the R-6 District, the maximum density is six (6) units per acre, with a minimum density of three (3) units per acre. As proposed, the density of the project is 4.98 units per acre. Lot Size and Setbacks. The R-6 District does not have a minimum or maximum lot size but it does have standard yard setbacks. Lots appear to provide adequate setbacks. For traffic safety, driveways for corner lots should have specific driveway locations. (See Condition #1). Adjacent Land Uses and Zoning. The property directly to the north is zoned R-6, and is vacant. The properties to the east and west are outside the City limits, and are zoned 1/5 Rural Residential. The property to the southeast is zoned R-6, and is currently a single-family residential use. The property to the southwest is vacant and zoned C-1 Commercial. Open Space. Chapter 16.14 requires a minimum of five percent of the gross land area to be dedicated as open space. For 40.42 acres, the minimum requirement for open space is 88,034.76 square feet. The proposed open space is approximately 102,94 sq. ft. The open space must also provide one or more of the following uses: environmental interpretation, or other education; park, recreational land, athletic fields; off-road footpaths or bicycle trails; or any other use found by the City to further the purposes of the open space chapter. The applicant has provided a letter of intent for the open space use, providing pedestrian pathway corridors throughout the development, and both passive and active uses in the large open space Tract A. The open space area to the north of the proposal (Tract F) is adjacent to the future transportation corridor for the SR 510/507 improvement. The development is required to provide an earthen berm screening landscape on the north property line as the perimeter landscape, and future screening for the 510/507 improvement. Schools. 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. This request became a mitigating condition of the Environmental Determination. Transportation and Site Access. The property fronts on two neighborhood collector streets, Cullens Road, and Killion Road. Cullens Road is currently two drive lanes with a chip seal surface. Killion Road is also a two drive lane with a chip seal surface. Yelm Municipal Code, Chapter 16.16.090 states; “The layout of streets shall provide for continuation of streets existing in adjoining subdivisions. When adjoining property is not subdivided, streets in the proposed plat shall provide access to such unplatted property in accordance with the Yelm Transportation Plan.” The plat, as proposed, meets this standard by a road connecting Cullens and Killion Road. The Yelm Transportation Plan states; “The City of Yelm recognizes that increasing connections throughout the City not only reduces traffic congestion, but also increases the sense of unity of the community. Therefore, the City will limit the use of cul-de-sacs, dead-end streets, loops, and other designs that form barriers. The City will seek to minimize impacts of through traffic upon residential neighborhoods by employing narrow streets, curves, indirect access routes, and other features.” The plat, as proposed, meets this standard by “bulb-outs” in the main streets, connecting the pedestrian pathways through the development. 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’s transportation system. A single family home generates 1.01 p.m. peak hour trips per unit. The Transportation Facility Charge (TFC) per unit is $757.50, and payable at time of building permit. The traffic impact analysis (TIA) submitted as part of the subdivision application indicates that the project will generate 1,960 vehicle trips per day, with a PM peak of 205 vehicles per hour. The TIA indicated that: The intersection of West Yelm Avenue (SR 510) and Cullens Road will be at Level of Service (LOS) F with an average delay of 66 seconds on Yelm Avenue in 2008, assuming a baseline annual growth rate of 4%. Southbound on Cullens entering Yelm Avenue will be a LOS F with an average delay of less than 100 seconds. The project will increase wait times to over 100 seconds in each instance. The intersection of West Yelm Avenue and Killion Road will be LOS E (LOS F southbound on Killion) in 2008 and the project will increase the average delay slightly. Frontage improvements will be constructed along Killion Road and Cullens Road. Killion Road and Cullens Road will be widened to 24 feet from the entrances to the subdivision to the improved roadway. The City issued a Mitigated Determination of Non-significance pursuant to SEPA for the proposal. The MDNS found that the project would have a probable significant impact on traffic that would be mitigated if the following condition were met: Prior to final subdivision approval of Phase I of the proposal, the following transportation improvements shall be complete: The developer shall widen Cullens Road from the subdivision entrance to West Yelm Avenue to a width of 24 feet. The developer is solely responsible for the expense of this improvement. At its intersection with West Yelm Avenue, Cullens Road shall be widened to include a northbound lane from West Yelm Avenue, a left turn lane onto West Yelm Avenue, and a straight-through/right turn lane onto West Yelm Avenue. The addition of turn lanes is a partial intersection improvement to mitigate immediate impacts of the development and is based on the developers share of the full intersection improvement. Traffic Facilities Charges shall be credited towards this improvement. At its intersection with Cullens Road, West Yelm Avenue shall be widened to include an eastbound left turn lane at least 125 feet in length. The addition of a turn lane is a partial intersection improvement to mitigate immediate impacts of the development and is based on the developers share of the full intersection improvement. Traffic Facilities Charges shall be credited towards this improvement. Prior to final subdivision approval of Phase II of the proposal, the following transportation improvements shall be complete: The developer shall widen Killion Road from the subdivision entrance to West Yelm Avenue to a width of 24 feet. The developer is solely responsible for the expense of this improvement. Prior to final subdivision approval of Phase III of the proposal, the following transportation improvements shall be complete: At its intersection with Killion Road, West Yelm Avenue shall be widened to include an eastbound left turn lane at least 125 feet in length. The addition of a turn lane is a partial intersection improvement to mitigate immediate impacts of the development and is based on the developers share of the full intersection improvement. Traffic Facilities Charges shall be credited towards this improvement. The City may defer this improvement at the time Phase III is submitted for final subdivision approval based on other development activity impacting the Killion Road intersection with West Yelm Avenue. There is an unopened City road right-of-way located near the northern border of the property. The applicant has requested the City vacate this right-of-way, which request will be heard by the Council in October, 2003. The Community Development Department is recommending the Council vacate the street with the condition that the applicant constructs and dedicates to the public the subdivision street connecting Killion to Cullens. The subdivision should, therefore be reviewed as if the unopened right-of-way were part of the proposal provided preliminary subdivision approval is conditioned upon vacation of the unopened right-of-way. Parking. Chapter 17.72, Off-Street Parking and Loading, requires a minimum parking ratio of two spaces per unit. The developer is proposing at a minimum to provide parking accommodations for at least two vehicles on each residential lot. Wastewater. The project site is in the Sewer Service Area but is currently not connected to the City’s STEP sewer system. There is an existing collection line located in the Killion Road right of way. Sewer connection fees are charged at the rate of $5,125 per equivalent residential unit (ERU, fee subject to change), payable at building permit issuance. One connection would be charged to each residential building lot, and to the existing dwelling. All connections require an inspection with a fee of $145.00 per connection, also payable at building permit issuance. Water Supply. The proposed site is in the City’s water service area but is currently not connected to the City’s Water system. There is an existing watermain located in the Killion Road right of way. Water connections are based on a consumption rate of 240 gallons per day, and are charged a current rate of $1,500 per connection (fee subject to change) inside city limits. One connection would be charged to each residential building lot. These fees are payable at building permit issuance. Drainage/Stormwater. 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 City of Yelm Stormwater Manual, for the control and treatment of stormwater runoff. 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 Stormwater Manual requires the developer to submit a final plan consistent with the final impervious calculations for the site. Stormwater facilities require continued maintenance to ensure they remain in proper working condition. Fire Protection. Fire protection is provided by Thurston County Fire District #2. As development occurs there will be additional demands for fire service. Police Protection. Police protection is provided by the City of Yelm. As development occurs there will be additional demands for police service. Street Lighting. Adequate street lighting will be required for this project. Street lighting design must meet the City of Yelm’s Development Guidelines, and plans submitted to the Community Development Department for review and approval. Landscaping. 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 applicants to provide on-site landscaping for all development proposals. The site is adjacent to properties that are compatibly zoned, with the exception of the commercial piece to the southwest. If the commercial site develops as a commercial project, the commercial development will be required to provide a 15-foot dense landscape buffer. When all adjacent properties are zoned residential, the code requires that the perimeter of the site be landscaped with Type II landscaping. In residential subdivisions the city also allows fencing to meet the landscaping requirements for the perimeter of the site. The open space area of Tract F is adjacent to the future 510/507 loop and will be improved with an earthen berm at least 3 feet in height, and 20 feet in width. Road frontage improvements require street trees and grass to be planted in planter strips. Landscaping is also required in the open space, and above ground stormwater facilities. A conceptual landscaping plan has been submitted. Chapter 17.80 YMC requires that at time of civil plan review and approval, the applicant provide a final landscape and irrigation plan for approval. Chapter 17.80.090(F) YMC states that the owner or developer must provide a performance assurance device in order to provide for maintenance of the required landscape until such time the Homeowners Association becomes responsible. Environmental Review. After review of the environmental checklist and supporting documents, a Mitigated Determination of NonSignificance (MDNS) was issued on August 21, 2003. The comment period expired September 12, 2003. The MDNS is attached as Exhibit III. Comments were received from Yelm Community Schools and Washington State Department of Transportation. Tree and Vegetation preservation. Chapter 14.16.110 YMC applies to new development to preserve existing trees and incorporate them into the development. The applicant has provided a letter of intent to complete a full tree and vegetation plan when detailed civil plans are developed, to determine which trees can be retained. The letter of intent shows the possibility of preserving trees in the open space area, and along some perimeter lot lines. Findings and Conclusion. 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 below, 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, sidewalks; That the public use and interest will be served by the platting of such subdivision and dedications; The subdivision is in conformance with The Yelm-Thurston County Joint Comprehensive Plan, the City Zoning Ordinance, the City Subdivision Ordinance, and the City’s Development Guidelines. Staff Recommendation Based on the Analysis and Findings above, and the Conditions of Approval listed below, staff recommends that the Hearing Examiner approve SUB-03-8346-YL. Conditions of Approval. Lot Size and Setbacks Lot size and setbacks are adequate as proposed, however, corner lots shall place driveways and direct house fronts as follows: Lot #1 – Driveway faces east, house fronts to the east Lot #12 – Driveway faces west or south, house fronts to the west Lot #43 – Driveway faces west, house fronts to the west Lot #44 – Driveway faces west, house fronts to the west Lot #76 – Driveway faces east, house fronts to the east Lot #84 – Driveway faces south, house fronts to the west Lot #123 – Driveway faces east, house fronts to the east Lot #125 – Driveway faces east, house fronts to the east Lot #126 – Driveway faces east, house fronts to the east Lot #128 – Driveway faces north, house fronts to the east Lot #147 – Driveway faces north, house fronts to the north Lot #149 – Driveway faces north, house fronts to the north Lot #150 – Driveway faces west, house fronts to the south Lot #170 – Driveway faces north, house fronts to the west Lot #173 – Driveway faces south, house fronts to the west Open Space The applicant shall provide for at least 88,034.76 square feet of open space, with vehicular access provided for maintenance purposes. The applicant shall submit a final improvement plan for the open space. The open space improvement(s) shall demonstrate compliance with Chapter 16.14.050. The applicant shall provide an earthen berm in the open space Tract F, to be at least 3 feet in height, and 20 feet wide. The Tract F open space shall be dedicated to the City of Yelm. Schools The applicant shall enter into an agreement with Yelm Community School district, as required in the MDNS. Transportation Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm’s Development Guidelines. Improvements required for phase I shall include the frontage from the southern property line to the northern entrances on Cullens and Killion Streets. Improvements required for Phase II shall be the remainder of the frontages to the northern property line. The applicant 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 applicant will be responsible for a TFC of $757.50 per unit which is payable at time of building permit, unless previously credited towards traffic related improvements. The applicant shall dedicate the subdivision road connecting Cullens and Killion Streets to the City prior to the vacation of the unopened right-of-way becomes effective. The applicant shall comply with traffic mitigation listed in the MDNS dated August 21, 2003. Off site traffic improvements shall be completed, per phase, prior to final approval of each phase as listed in the MDNS. Sewer The proponent shall connect to the City’s S.T.E.P System. There is an existing collection line located in the Killion Road right-of-way. 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. Sewer connection fees are charged at the current rate of $5,125 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. Water The Applicant shall connect to the City’s water system. There is an existing watermain located in the Killion Road right of way. The applicant shall submit domestic use and fire flow calculations demonstrating the proposed connection will support the subdivision. Water connection fees are charged at the current rate of $1,500 per connection, (fee subject to change) payable at building permit issuance. All connections require a 5/8” water meter. The fee is $300.00 (fee subject to change) for a pretapped and preplumbed meter installation, payable at building permit issuance. All open space areas and planting strips not located within 75’ of a hose spigot, shall have an irrigation system with a separate water meter(s). The applicant shall submit final civil plans to the Community Development Department for review and approval. Stormwater 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 submit a final storm water report with construction drawings for civil approval. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. 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. Fire The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. Street Lighting 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. Landscaping 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. The applicant shall provide at final plat application, a performance assurance device in order to provide for maintenance of the required landscaping until the homeowners association becomes responsible for landscaping maintenance. Environmental The applicant shall comply with the mitigation conditions of the MDNS issued on August 21, 2003. Subdivision Name and Property Addresses The applicant has reserved the subdivision name of Cherry Meadows with Thurston County Records Department. Prior to the submission of the final subdivision application, the applicant will provide the Building Department with a plat map for addressing. General Public Works The applicant shall submit a grading plan for review and approval prior to any on-site grading. Tree and Vegetation Preservation The applicant shall submit a detailed tree and vegetation plan to the City with Civil Plan Submission. The tree and vegetation plan shall be approved, and all trees to be preserved shall be marked and protected prior to clearing and grading permit issuance.