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Yelm Creek Estates HE Staff Report (2) Case Number: SUB-05-0239-YL and SHO-05-0240-YL Applicant: Rainier General Development, Doug Bloom Agent: Olympic Engineering, Chris Merritt Request: Subdivide 5.6 acres into 23 single family residential lots. Substantial Development Permit for Yelm Creek Shoreline Recommendation: Approval with conditions Exhibit I: Site plan July 26, 2005 Exhibit II: Notice of Application Exhibit III: Mitigated Determination of Non-Significance & Comment Letters Exhibit IV: Public Hearing Notice Proposal The applicant is proposing to subdivide approximately 5.6 acres into 23 single-family residential lots. The property is zoned R-6 Medium Density Residential, which allows up to 6 dwelling units per acre. The site encompasses 2 parcels. There is an existing dwelling unit which will remain on one lot, and other accessory buildings that will be demolished. Property Characteristics The property is located on Crystal Springs Road. The property is identified by Assessor’s Tax Parcel Numbers 22718330102 and 22718330304. The subject property is bound to the north, south, and east by residential uses and to the west by Yelm Creek. Yelm Creek is a Shoreline of the State. The applicant proposes to create 4 residential lots, and a stormwater treatment facility within the Shoreline Jurisdiction area. The site and surrounding property is zoned for Residential Uses. The property to the north and south each has one single family residence, and the properties to the east are developed residential subdivisions. 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 August 9, 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 October 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 October 21, 2005. The Site Plan Review Committee has considered the application for the above referenced project, and finds that as conditioned below, the proposed project is consistent with the Yelm Comprehensive Plan, the Shoreline Master Program for the Thurston Region, and all applicable City policies and development standards. Development within 200-feet of a shoreline of the state requires issuance of a shoreline substantial development permit, after a public hearing before the City of Yelm Hearing Examiner. The Hearing Examiner shall issue a decision and recommendation for the shoreline substantial development permit. Any person 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 within 10 working days after the written decision of the Hearing Examiner has been rendered. The final decision by the Hearing Examiner may be appealed to the City Council by any aggrieved person or agency of record, oral or written, that disagrees with the decision. 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 September 2, 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 developer 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. Credit should be given for the existing dwelling. Prior to final subdivision approval, the developer shall complete the following transportation improvements: The west half of Crystal Springs Road shall be improved to City Standards for a Neighborhood Collector along the property frontage. All interior streets shall be improved to City Standards for a Local Access Residential. The interior street shall provide a future street connection to the south. Temporary erosion control systems to be approved by the City of Yelm. The developer shall provide at least 5% of total acreage as qualified open space, to include a minimum of a 50 foot buffer from the creek and associated wetlands. This area shall be signed to protect the shoreline environment, and shall provide public access to the Shoreline. The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. Shoreline Environmental Designation: The shoreline designation of the site is Rural. Critical Areas and Resource Lands A 50 foot buffer is required adjacent to and outside of all category III wetlands. The applicant is required to keep all construction outside of the 50 foot buffer of the creek, associated wetlands, and 100-year flood plain. The applicant will provide an erosion control plan to assure no disturbance to this area. All storm water runoff from development will be treated through an approved stormwater management plan, and not released into the flood zone area. Frequently Flooded Areas The applicant is proposing no development, clearing or grading in the flood zone area, and will provide the City an erosion control plan to assure no damage to the flood zone area. Keeping all construction outside of the flood zone area meets and exceeds the criteria for protecting the flood zone area. Shoreline Master Program for the Thurston Region (Thurston SMP) Thurston SMP IV. Priorities: In accordance with the Shoreline Management Act of 1971, the management of Shorelines of Statewide Significance shall be given preferences to uses, in the following order of priority, which: Recognize and protect the state-wide interest over local interest; Preserve the natural character of the shoreline; Result in long-term over short-term benefit; Protect the resources and ecology of the shoreline; Increase public access to publicly-owned areas of the shorelines; Increase recreational opportunities for the public on the shoreline; Protect life and property from hazards of flood; and Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. The proposed project would not be detrimental to public health, safety and welfare. The project construction area is completely outside of the required 50 foot buffer, and all wetland and flood zone areas associated with the creek. The MDNS requires the applicant to provide an erosion control plan to protect the flood zone. The creek, associated wetlands, and flood zone will be left undisturbed and in their natural state. The proposed residential lots and stormwater retention area will be located outside of the flood zone. The erosion control plan will assure protection of the creek, wetlands, and flood zone. The applicant will provide an easement to the shoreline area, for any city-sponsored projects that might result in creek and flood protection enhancement. The undisturbed buffer area effectively protects the creek and its associated wetlands. Stormwater treatment provides for treatment of stormwater before it is released back into the ground. At this time, there is no public recreation for this shoreline, other than a park located on First Street in the center of town. It is the goal to leave Yelm Creek in its natural state. Public access to shorelines shall be permitted only in a manner which preserves or enhances the characteristics of the shoreline which existed prior to establishment of public access. The creek meanders along the western portion of this property. The applicant proposes a pedestrian access to the shoreline area, and proposes to leave the shoreline undisturbed. Regional Plan Elements The public access goal is concerned with physical access to publicly owned shores and tidelands. The intent of the goal to recognize and protect private property rights, prevent the destruction of the more fragile recreation areas, and exercise due regard for the safety of the public. The proposed project is not located on a publicly owned shoreline. The applicant proposes to protect the shoreline by keeping all construction and uses outside of the creek and wetland buffer area. The circulation goal is concerned with the location of transportation, movement of people, location of waste disposal systems, and the relationship of these to the shoreline and habitat. The goal in the rural environment is to provide facilities that are necessary for local usage. The proposal keeps all public roadways outside of the shoreline jurisdiction area, with four (4) single family driveway accesses and a stormwater facility within the shoreline area. All development will be served by City water and sewer services. The stormwater retention will treat stormwater created on the site before it is released back into the ground. The regional goal is concerned with the preservation and expansion of recreational opportunities. The goal in the rural environment is to assure adequate water-related recreational opportunities along the shorelines, in such a way as to minimize conflicts with other rural activities. As this land and the surrounding land is zoned residential, and private property, and the existing shoreline is in a natural and undisturbed state, creating public recreational areas could be detrimental to the creek and its habitat, however, there is a pedestrian public access that allows the residents access to the creek for passive recreation. The shoreline use goal considers the pattern of land use on the shorelines. The goal in the rural environment discusses areas for intensive public use, and to avoid intrusions endangering life or property. The proposal is protecting the shoreline by leaving it undisturbed in its natural state. The conservation goal is to have sound management in the conservation of all natural resources within the rural environment. The applicant proposes to protect the shoreline by leaving it undisturbed in its natural state. The historic and cultural value goal of this element shall be to promote, protect and preserve historical, cultural, scientific, or educational values on shorelines where these values are acknowledged. At this time, there are no known historical or cultural values for Yelm Creek, however, protection of the creek in its natural state is provided by this development. The restoration goal is to restore to a useful or original condition those areas which are blighted by present uses, discontinued uses and dilapidate or abandoned structures. The creek and its adjacent shorelines have been undisturbed for many years. There are no structures or uses located on the shoreline at this time. Thurston SMP Policies: Residential development on shorelines and wetlands should be planned with minimum adverse environmental and visual impact. The proposed development proposes to leave the creek, and its associated wetlands and buffers undisturbed, providing no adverse impact to the creek. Clustering of residential development is encouraged to minimize adverse environmental impact and to provide open spaces. The residential subdivision meets GMA requirements for density, while protecting the shoreline and all buffers. The creek, flood zone and all buffers are proposed to be dedicated as open space. When subdividing land, the area under shoreline jurisdiction may be set aside as an open space tract. The public interest is served by maintaining shoreline property in a relatively undeveloped state. As stated above, the applicant proposes to dedicate the shoreline area as open space. Residential developments should provide easements for access to or along the shorelines for the general public if there has been significant historical usage by the public. The creek is bordered by private property, without historical public use. The applicant proposes to provide pedestrian access for the residents. Residential development should be consistent with the environmental designation in which it is located. Residential Development in the Rural Environment: Residential densities shall not exceed two dwelling units per acre For shoreline lots which are not clustered, minimum lot sizes should apply The basic setback for residential structures shall be a minimum of fifty (50) feet from the ordinary high-water mark The applicant is proposing density of two dwelling units per acre, the lots are clustered to the edge of the shoreline jurisdiction area, and the residential structures are proposed to be more than 50 feet from the ordinary high-water mark. Concurrency Chapter 15.40 YMC requires the reviewing authority to determine that required urban infrastructure is available at the time of development. Concurrency means the facilities necessary to serve a proposed development are in place or planned for and properly funded with a reasonable expectation that the facilities will be in place at the time needed to preserve adopted levels of service. 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. 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 with the exception of lot numbers 7, 20, and 23. These lots appear to restrict the housing type, based on setback requirements. These lots should either be reconfigured, or building plans provided showing how setback requirements can be met. Adjacent Land Uses and Zoning The properties to the north and south are developed with a single family dwelling, and the properties to the east are developed as residential subdivisions. The plat as conditioned meets City of Yelm development requirements, and is a compatible use with surrounding properties. 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 space uses may be impermeable surfaces accessory to the open space itself, 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. The property is bordered to the west by Yelm Creek and its associated wetlands and flood plain. The applicant is proposing to dedicate the shoreline jurisdiction area and flood zone area as required open space. Preserving the shoreline with the 50 foot buffer will protect this area, as well as meet the open space requirement. 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 City of Yelm Development Guidelines and the concurrency requirements of Chapter 15.24 YMC require all new subdivisions to improve street frontages to current City standards. Crystal Springs Road is identified as a Neighborhood Collector Street, which requires a 16 foot travel lane, vertical curb, a 7-foot planter strip with street trees 35 feet on center and “No Parking” signs, a 5 foot sidewalk, and street lighting. Streets within the subdivision will be constructed to the local access standard and dedicated to the City upon final subdivision approval. A local access street includes two 11 foot travel lanes, two 7 foot parking lanes, a concrete rolled edge curb and gutter, a 6 foot planter strip with street trees 35 feet on center, a 5 foot sidewalk on one side of the street, and street lighting. 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 applicant proposes a future connection to the south, where it will ultimately connect to a future connection provided by the Prairie Winds subdivision. The plat, as proposed, meets this standard by providing for a future connection. 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. Water System The City’s Water Comprehensive Plan identifies the property as being within the water service area. There is an existing water main located in Crystal Springs Road. 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). 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 well(s) on the property must be decommissioned per Department of Ecology standards and any water rights associated with these wells shall be dedicated to the City of Yelm. The City of Yelm is dedicated to providing the best quality water possible to its consumers. Section 246-290-490, WAC, requires that the City take measures to ensure that contamination does not occur as a result of cross contamination. 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. There is an existing sewer main located in Crystal Springs Road. 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). The proposed subdivision would be required to connect to the City's sewer system and the projects internal roadways will be required to have a sewer main installed to serve the residential units. 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 finds that stormwater from the site can be managed appropriately through the conceptual plan. 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. 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 Section 16.12.170 YMC requires written findings prior to a decision on a preliminary subdivision. 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: The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. The applicant shall submit civil plans that provide the sidewalk on the north and west side of the interior street. All construction, residential lots, and stormwater facilities shall remain outside of the required 50-foot creek and wetland buffer. The applicant shall provide an easement to the City of Yelm for access to Yelm Creek. Any fences or debris located within the creek and 50 foot buffer shall be removed. A removal plan which identifies impacts to the creek and bovver shall be submitted to an approved by the Community Development department. A pedestrian access shall be provided to the shoreline area/open space. This pedestrian pathway shall be ADA compliant to provide a 5-foot asphalt surface, with slopes meeting ADA regulations. The proposed pathway shall be shown on civil plans. Lot numbers 7, 20, and 23 shall either be reconfigured, or building plans provided which show how setback requirements are met. Each dwelling unit with 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. All conditions for cross connection control as required in Section 246-290-490 WAC. 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. All planting strips and required landscaping located in Crystal Springs Road, and in the open space landscaping areas shall be served by an irrigation system with a separate water meter and an approved backflow prevention device. The applicant shall submit a final detailed landscaping and irrigation plan with the civil engineering plans to include the perimeter of the project site, planter strips, and stormwater facilities. 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. 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. 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. The applicant shall submit a final stormwater plan with civil engineering plans and shall include an operation and maintenance plan. All stormwater facilities shall be located at least ten (10) feet from any property line. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 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. 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. Street lighting will be required. Civil plan submittal shall include a lighting design plan for review and approval. Prior to the submission of final plat application, the applicant will provide the Community Development Department an addressing map for approval. Prior to final plat application, a subdivision name must be reserved with the Thurston County Auditor’s Office. Conclusion: The proposed project is consistent with the SMP provisions for allowable activities in areas designated as rural. The use is consistent with the policy of RCW 90.58.020 which states: “the policy of the state is to provide for the management of the shoreline by planning for and fostering all reasonable and appropriate uses”. The policy is designed to insure the development of shorelines in a manner which allows for limited reduction of rights of the public which promoting and enhancing public interest. The policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. As a sensitive stream and wetland, Yelm Creek does not provide traditional “waterfront” amenities and access opportunities, however the applicant is providing a pedestrian access to the shoreline area. Based on the Analysis and Conditions of Approval above, staff recommends that the Hearing Examiner approve SHO-05-0240-YL and SUB-05-0239-YL.