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0011 Staff Report Case Number: SUB-05-0011-YL Applicant: Bob Benum P.O. Box 73130 Puyallup, WA 98373 Agent: Apex Engineering 2601 South 35th Street, Suite 200 Tacoma, WA 98409 Request: Subdivide approximately 20 acres into 82 single family residential lots. Recommendation: Approval with conditions Proposal The applicant is proposing to subdivide approximately 20 acres into 82 single-family residential lots. The property is zoned R-4 Low Density Residential, which allows up to 4 dwelling units per acre. Property Characteristics The property is located west of Wilkenson Road, north of Canal Road and south of the Centralia Power Canal. The property is identified by Assessor’s Tax Parcel numbers 22718440600 and 22718440100. The subject property is bound on the north by the Centralia Power Canal, which is the boundary of Yelm’s Urban Growth Area. The area across the canal is zoned Rural Residential 1/5 and is rural residential in character. To the east of the property is the Mountain Sunrise subdivision, currently under construction. The area to the south of the property is currently in unincorporated Thurston County and is zoned Light Industrial (pre-zoned Industrial). Notice of Application 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 January 19, 2005. Notice of the date and time of the public hearing before the Hearing Examiner was posted on the project site, mailed to the owners of property within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on June 24, 2005. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on June 24, 2005. 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. Concurrency with school infrastructure is achieved when the developer provides a letter from the local school district that the school facilities impacted by the proposed development are present, or are on an approved and funded plan, to assure that facilities will be available to meet the needs and impacts of the proposed development. State Environmental Policy Act The City of Yelm SEPA Responsible Official issued a Mitigated Determination of Non-significance based on WAC 197-11-158 on June 13, 2005. This determination is final and fulfils the City’s responsibility for disclosure of potential, significant environmental impacts. The Hearing Examiner may take action to deny or condition the proposal based on impacts identified in the environmental checklist or other environmental documents. The Mitigated Determination of Non-significance was issued with the following conditions: The proposal will have a significant impact on the transportation system of the City of Yelm which will be mitigated through the imposition of the Transportation Facility Charge as required in Chapter 15.40 Yelm Municipal Code. 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. The proposal will have a significant impact on the Yelm School District which will be mitigated through the negotiation of a school mitigation agreement with the Yelm School District. Prior to final subdivision approval, the proponent shall submit to the City of Yelm a signed school mitigation agreement between the developer and the Yelm School District. Lots Size and Setbacks The Yelm Zoning Code does not establish minimum or maximum lot sizes, 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 for a flanking yard is 15 feet from the property line. The lots within the proposed preliminary subdivision appear to contain sufficient area to meet setback and lot coverage requirements, if conditioned as recommended. Open Space 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)]. 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 of a new subdivision be dedicated as usable open space. Appropriate uses of dedicated open space include: Environmental interpretation or education Parks, recreation lands, or athletic fields Footpaths or bicycle trails No more than five percent of any dedicated open spaces may be impermeable surfaces and open space must be sited so as to be suitable for its intended purpose and at least 75% of the open space must be assessable to either the general public or all residents of the associated development. Open space shall be dedicated at the time of final subdivision approval. As part of the mitigation of impacts to the SR 510 Yelm Loop from the proposed subdivision, the applicant is dedicating portions of the required Loop right-of-way in lieu of dedicating a specific open space tract. This is acceptable as the Loop will include pedestrian trails that will link to the future trail system incorporated into the Yelm|Roy Prairie Line owned by the City of Yelm. Schools New residential units create a demand for additional school services and facilities. The Yelm School District requests that the applicant enter into an agreement with the school district for the payment of mitigation fees based on the project’s impact. This request for a mitigation agreement between the applicant and the school district became a condition of the Mitigated Determination of Non-significance issued pursuant to the State Environmental Policy Act. Transportation and Site Access The SR 510 Yelm Loop will bisect the subject property when complete. The Loop is a planned 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. The construction design of the Loop is currently being completed and right-of-way acquisition has been funded. 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. The Yelm Comprehensive Transportation Plan is adopted as an element of the Comprehensive Plan. The 510|507 Loop is identified as a project on the City’s Six Year Transportation Improvement Program. The Yelm Comprehensive Transportation Plan establishes the following policy regarding right-of-way… To retain existing right-of-way and to identify, acquire, 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 alignments and locate and protect 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 sufficient right-of-way to allow for expansion of roadways; and development of specific guidelines regarding the installation and maintenance of any landscaping within the public right-of-way. In order to show consistency with the Comprehensive Plan as it relates to transportation and, specifically, the SR 510 Yelm Loop, the applicant has agreed to the following mitigating conditions: No building permit will be issued for any lot impacted or partially impacted by the SR 510 Yelm Loop corridor (lots 50, 51, and 61 through 71) until building permits have been issued for every lot outside the corridor. That portion of the SR 510 Yelm Loop corridor within tract B as shown on the preliminary site plan shall be dedicated to the City for road right-of-way purposes. In consideration of these mitigation measures, the City of Yelm recommends the following changes to the Yelm Development Guidelines: Frontage improvements to Wilkenson Road would be required from the intersection with Canal Road to the catch point of the proposed roundabout on the SR 510 Yelm Loop. Improvements would be to the urban arterial standard. Canal Road, which is currently identified as a neighborhood collector by the Development Guidelines, would be treated as a local access residential street. After construction of the Loop, Canal Road will not be a through street and would only serve the proposed subdivision and any development in the light industrial property south of the road. The northern internal roadway will be a modified local access street as follows (south to north): curb and gutter, two 11 foot travel lanes, a 7 foot parking lane, curb and gutter, a 6 foot planter strip, a 5 foot sidewalk. This modified section requires 43 feet of dedicated right-of-way. The southern internal roadways will be a modified local access street as follows: a 6 foot planter strip, curb and gutter, a 9 foot parking lane, two 11 foot travel lanes, curb and gutter, a 6 foot planter strip, and a 5 foot sidewalk. This modified section requires 51 feet of dedicated right-of-way. Chapter 16.16.090 YMC requires that the layout of new subdivisions provide for the continuation of streets existing in adjoining subdivisions and to provide for the continuation of new streets within the subdivision to adjacent properties that have not been subdivided. The proposal can not provide for connecting streets because of its triangular shape and the location of the Centralia Power Canal to the north. There are no directly adjacent properties to which to connect. 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. Parking Chapter 17.72 YMC requires minimum parking ratio of two spaces per dwelling unit, which is typically met in subdivisions within a standard driveway. On-street parking is allowed on both sides of local access residential streets. Canal Road should be signed as ‘no parking’ until the SR 510 Yelm Loop is constructed and Canal Road becomes a dead-end street. Water System The City’s Water Comprehensive Plan identifies the property as being within the water service area and the property is currently served by City water. The current fee to connect to the City water system is $1,500.00 per Equivalent Residential Unit (each ERU equals 900 cubic feet of water consumption per month). There is an existing water main located in Wilkenson Road. The developers of the Mountain Sunrise subdivision installed this waterline, and are in the process of creating a latecomer’s agreement which would impact the subject property. The proposed subdivision would be required to connect to the City's water system and the projects internal roadways will be required to have a water main installed to serve fire hydrants and individual services. Any existing wells on the property must be decommissioned pursuant to standards established by the Washington Department of Ecology and any water rights associated with these wells shall be dedicated to the City of Yelm. An irrigation meter may be installed for the purpose of irrigation. A backflow prevention device will be required for all landscape irrigation connections between the irrigation system and the water meter. This also includes any individual irrigation systems that may be located on any individual lot within the subdivision. Identified in the 2002 City of Yelm Water Comprehensive Plan is a requirement to install fire hydrant locks as part of the City’s water conservation and accountability program. In 2004, the City was also required to complete a vulnerability assessment in response to the new homeland security measures as a result of 9/11. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area. The current fee to connect to the City sewer system is $5,417.00 per Equivalent Residential Unit (each ERU equals 900 cubic feet of water consumption per month). Any existing on-site sewage disposal systems shall be abandoned per Thurston County Health Department standards. There is an existing sewer main located in Wilkenson Road. The developers of the Mountain Sunrise subdivision installed this waterline, and are in the process of creating a latecomer’s agreement which would impact the subject property. Stormwater Quality and Quantity 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. The applicant has submitted a preliminary stormwater report which includes a conceptual design for the treatment and infiltration of the stormwater. The Community Development Department has reviewed this report and find that stormwater from the site can be managed appropriately through the conceptual plan. Because the conceptual stormwater plan was prepared prior to revisions in the site plan, the applicant’s engineer should submit an updated conceptual stormwater plan prior to civil plan review. Stormwater facilities require continued maintenance to ensure they remain in proper working condition. Street Lighting Adequate street lighting is necessary to provide safety to pedestrians, vehicles, and homeowners. Street lighting is reviewed at the time of civil plan review in order to assure adequate lighting. Subdivision Name and Addressing A subdivision name must be reserved with the Thurston County Auditor’s Office prior to submitting for final subdivision approval. Addressing and street naming within the subdivision will be assigned by the Community Development Department prior to application for final subdivision approval. 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. The site is adjacent to properties that are compatibly zoned. Chapter 17.80 YMC requires that the perimeter of the site be landscaped with a Type II landscaping. In residential subdivisions the City allows fencing to meet the landscaping requirement for the perimeter of the site. Landscape requirements shall be installed and approved prior to application for final plat. As the subdivision is flanked on the north by the Centralia Power Canal, on the south by Rhoton Road, which will be considered a local access residential street and have homes fronting the road, the only Type II landscaping that will be required will be along the Wilkenson Road frontage at the back of lots 36 through 49. Landscaping is required in open space and above ground stormwater facilities. Chapter 17.80 YMC requires that at time of civil plan review and approval the applicant provide the Community Development Department a detailed final landscape and irrigation plan for approval. Section 17.80.090 (F) YMC states that the owner/developer of any project requiring site plan review approval, subdivision approval, or short subdivision approval shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the tenant or homeowners’ association becomes responsible for landscaping maintenance. The performance assurance device shall be 150 percent of the anticipated cost to maintain the landscaping for three years. Staff Recommendation The applicant has established that the proposed subdivision, if conditioned, 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. The subdivision, if conditioned, 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 County Shoreline Master Program, and the City of Yelm Development Guidelines. The Hearing Examiner should approve the preliminary subdivision with the following conditions: 1. The western half of Wilkenson Road shall be reconstructed as an urban arterial street pursuant to the Yelm Development Guidelines from its intersection with Canal Road to the catch point of the proposed roundabout on the SR 510 Yelm Loop. 2. The northern half of Canal Road shall be reconstructed as a local access residential street, provided that an 12 foot travel lane and 4 foot paved shoulder shall be provided on the southern half of the road. 3. Internal streets within that portion of the subdivision south of the SR 510 Yelm Loop corridor will be constructed as a local access residential street pursuant to the Yelm Development Guidelines, provided that a single parking lane 9 feet in width shall be provided for a total right-of-way width of 51 feet. 4. The internal street in that portion of the subdivision north of the SR 510 Yelm Loop corridor will be constructed as a local access residential street pursuant to the Yelm Development Guidelines, provided that the street should not include a parking lane, planter strip, or sidewalk on the south side of the street for a total right-of-way width of 43 feet. 5. The applicant shall mitigate transportation impacts based on the new peak P.M. trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak P.M. trips per single family dwelling, payable at time of building permit issuance. 6. No building permit will be issued for any lot impacted or partially impacted by the SR 510 Yelm Loop corridor (lots 50, 51, and 61 through 71) until building permits have been issued for every lot outside the corridor. The developer shall work with the Washington State Department of Transportation prior to final subdivision approval towards the acquisition of required right-of-way for the SR 510 Yelm Loop. 7. That portion of the SR 510 Yelm Loop corridor within tract B as identified on the revised preliminary subdivision application shall be dedicated to the City of Yelm for road right-of-way purposes. 8. All dwelling units within the subdivision shall connect to the City water system. The connection fee and meter fee will be established at the time of building permit issuance. 9. All requirements for cross connection control as required in Section 246-290-490 WAC shall be met by the applicant. 10. The applicant shall pay the latecomer fee associated with the water line at the time of connection. 11. All planting strips and required landscaping not located within 75’ of a hose spigot shall be served by an irrigation system with a separate water meter and an approved backflow prevention device. The applicant shall submit a final landscape and irrigation plan at the time of civil plan submission. 12. Each dwelling within the subdivision shall connect to the City S.T.E.P. sewer system. The connection fee and inspection fee will be established at the time of building permit issuance. 13. The applicant shall pay the latecomer fee associated with the existing sewer line at the time of connection. 14. Prior to submission of civil plans, a revised conceptual stormwater plan shall be submitted to the Community Development Department for review and approval. The applicant shall design and construct all stormwater facilities in accordance with the 1992 DOE Stormwater Manual, as adopted by the City of Yelm. Best Management Practices (BMP’s) are required during construction. A 10-foot setback from all property lines and easements are required for stormwater facilities. 15. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 16. 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. 17. 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. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 18. The applicant shall be responsible for the installation of hydrant locks on all fire hydrants required and installed as part of development. The applicant shall coordinate with the Yelm Public Works Department to purchase and install required hydrant locks. Hydrant lock details shall be included in Civil Plan submission. 19. Street lighting and interior street lighting will be required. Civil plan submittal shall include a lighting design plan for review and approval. 20. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing map for approval. 21. The applicant shall comply with the mitigation requirements of the MDNS issued on June 13, 2005. 22. The applicant shall submit a final landscaping and irrigation plan with the civil engineering plans to include the perimeter of the project site, planter strips, and stormwater facilities. Type II landscaping shall be required along the Wikenson Road frontage at the back of lots 36 through 49. 23. The applicant shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the tenant or homeowners’ association becomes responsible for landscaping maintenance. The performance assurance device shall be 150 percent of the anticipated cost to maintain the landscaping for three years. 24. The driveway for lot 36 shall be from Canal Road. The driveway for lot may be from Canal or the internal subdivision road. The driveway from lot 16 shall be from the internal subdivision road. 25. Internal subdivision roads that are adjacent to the SR 510 Yelm Loop shall be constructed to match the grade of the loop in order to avoid the use of structures to separate the Loop from the roadways.