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stf rptDate: June 19, 2002 To: Mayor Rivas, and City Council From: Tami Merriman, Planning Technician Re: APP-02-8315-YL, Jack in the Box Appeal of Transportation Facility Charge LIST OF EXHIBITS: Exhibit I - Project Proposal Site Plans and Vicinity Map Exhibit II – March 27, 2002 Site Plan Approval STAFF RECOMMENDATION: Staff recommends that City Council uphold the Transportation Facility Charge determined by staff. PROPOSAL: The proposal is to construct a Jack in the Box restaurant,multi-building apartment complex for a maximum of 48 units and to segregate the parcel from the Safeway site through a binding site plan. The applicant has proposed two options for the building locations and type. The proposal includes provisions for stormwater, street improvements, open space, and landscaping. BACKGROUND: The applicant, Wally Trace and Associates submitted formal application for a 44 unit multifamily complex on February 14, 2001. Notice of application was distributed to staff and surrounding property owners on March 1, 2001. A Mitigated Determination of Nonsignificance was issued on March 28, 2001. In reviewing the application, it was found that the project met three of the four environmental and recreational amenities of Yelm Municipal Code Chapter 17.45.060 Density Requirements, and is allowed a twenty percent (20%) density bonus. The density bonus increases the allowed number of units on this site to 48. The project civil plans were reviewed by John Knowles & Associates for compliance with the City of Yelm Development Guidelines, the DOE Stormwater Management Manual, and general standards of civil engineering practice. The applicant submitted revised civil plans with the appropriate corrections. The City of Yelm Community Development Director provided to the Planning Commission, a detailed staff report outlining the project, staff analysis, and recommended conditions for approval. The Planning Commission held a Public Hearing on May 21, 2001. The Planning Commission moved to accept the proposal as conditioned in the City of Yelm staff report, and with the following conditions: 1. Satisfaction from the City Engineer that the fire flow in that area can handle this additional construction. 2. Confirmation of an easement in perpetuity, for egress and ingress through the Safeway parking lot to the East. The motion passed with all Planning Commission members in favor. On May 22, 2001, the City of Yelm Community Development Department issued a Notice of Final Decision, approving the proposal with conditions. NOTICE OF APPEAL: On June 4, 2001, a Notice of Appeal for BSP-01-8275-YL was submitted to the City. The appeal process is described in the City of Yelm Municipal Code, Chapter 15.49.160(A). The appellants submitted the Notice of Appeal within fourteen days, as required by 15.49.160(A), and paid the required fee of $100.00 The appeal cited several items for appealing this decision. Listed below are the items cited in the appeal. The items were categorized into five areas by staff, for staff analysis and findings. Effects to the neighborhood, surrounding area, and roads; including, but not limited to: 1. Traffic (a) Increased traffic (b) Safety of Safeway customers in parking area used as ingress/egress (c) Safety to children 2. Infrastructure (a) Water pressure problems (b) Drainage problems 3. Garbage (a) Odor (b) Varmints at trash receptacles 4. Wildlife (a) Destruction of wildlife habitat currently living on the undeveloped property (b) Destruction of trees 5. Quality of Life issues (a) Decrease to value of adjacent properties (b) Privacy of neighbors (c) Noise (d) Appearance of Neighborhood (e) Pet problems (f) Neighborhood security STAFF ANALYSIS AND FINDINGS: 1. Traffic (a) Increased traffic A Traffic Impact Analysis was submitted with the land use application. The level of service (LOS) during the p.m. peak hour for the driveway onto Vancil Road and the intersection of Vancil Road and Yelm Avenue were analyzed. LOS is a qualitative measure used to characterize traffic operation conditions. Letters A - F are used to define the level of service, with A representing good traffic conditions with little or no delay to motorist. LOS F is the worst and indicates poor traffic operations with long delays and represents intersections and roadways that are above theoretical capacity. With the proposed project, the Vancil Road and Yelm Avenue E. intersection will operate at LOS C, and the site access on Vancil will operate at LOS A during the p.m. peak hour. The LOS C for the Vancil Road/Yelm Avenue intersection is without the planned City improvement to realign Vancil Road. The City’s Concurrency Ordinance requires all development to mitigate impacts to the City transportation system. The Traffic Impact Analysis estimates at full build out (48 units) the project will generate .60 new p.m. peak hour trips per apartment unit for a total of 29 new p.m. peak hour trips. The Transportation Facility Charge for this project is $21,750.00 **The proposal meets the minimum standards for Transportation and Site Access** (b) Safety of Safeway customers in parking area used as ingress/egress The primary access for the apartment complex is off of Vancil Road, which has temporarily served as an emergency access for the rear of the Safeway building. The applicant has submitted a Road and Drainage Maintenance Covenant for the shared driveway. The existing driveway is the primary access proposed for the multi-family development and will remain the emergency access for the rear of the safeway site. On the east side of the parcel, the Safeway parking area will be connected to the apartment complex driveway, giving a secondary access to the site and providing for internal circulation between the apartments and the commercial uses. Pedestrian connections have been provided between the commercial areas and the residential areas, within the apartment complex, and to Vancil Road. (c) Safety to children The City of Yelm Development Guidelines require road frontage improvements on both Vancil Road, and the access road between the proposal and Safeway. These improvements include sidewalks and planter strips to provide pedestrian safety. Landscape buffers, and a 6-foot cedar fence between the adjoining properties, will separate the complex from the adjoining residential properties. The applicant is proposing a play area, and sport court on their site, for the children residing in their complex. Yelm Community Schools require mitigation fees to ease the burden of additional students into the school district. The applicant is required to pay the school district a mitigation fee. **The Planning Commission conditioned the approval on satisfactory agreement between Safeway and the Proponent for ingress/egress through the Safeway parking area to the east.** 2. Infrastructure (a) Water pressure problems The project site is served by the City’s public water system. The lines that serve the site are located on Vancil Road. Preliminary calculations were reviewed and accepted by the Public Works Department. The applicant is required to connect to the City Sanitary Sewer Step System. ** The Planning Commission conditioned the approval by requesting satisfaction from the City Engineer that the fire flow is adequate for this project. ** (b) Drainage problems 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. This report has been reviewed by the City’s reviewing engineer, Mr. John Knowles. Following land use approval, the City Stormwater Manual requires the developer to submit a final plan consistent with the final impervious calculations for the site and incorporating the comments submitted by the City Engineer. **The proposal meets the minimum standards for Drainage/Stormwater Requirements** 3. Garbage (a) Odor (b) Varmints at trash receptacles The applicant has provided refuse area’s for each building. Refuse areas must be enclosed and shall be screened with vegetation or constructed with materials that are architecturally compatible with the apartment complex. The applicant must coordinate with LeMay to assure truck access to the dumpsters and to arrange the appropriate number of weekly pick-ups to assure proper health and cleanliness standards. **The proposal submitted meets minimum architectural requirements.** 4. Wildlife (a) Destruction of wildlife habitat currently living in the undeveloped property (b) Destruction of trees The State Environmental Policy Act (SEPA) Environmental Checklist addresses environmental issues of new development. Among the questions asked is a section addressing any threatened or endangered species on or near the site. There are no known threatened or endangered species on this site. The landscaping required for the proposal will provide trees and landscaping to help reduce the impact of the removal of the existing trees, enhance the aesthetics of the site, and provide screening between the compatible, and incompatible land uses. **The proposal meets the minimum requirements for SEPA, Wildlife, and Landscaping.** 5. Quality of Life issues (a) Decrease to value of adjacent properties (b) Privacy of neighbors (c) Noise (d) Appearance of Neighborhood (e) Neighborhood security (f) Pet problems The property is zoned C-1 Commercial 17.26. Apartments at a density of 16 Units per acre are allowed. The C-1 zone is intended for the location of business centers. Placing multi-family between a high commercial use and single family residential dwelling will actually soften the incompatible adjacent use of Commercial and Residential Zoning. The Landscaping Requirements of Chapter 17.80 are intended to provide “screening where needed to promote safety, to provide screening between incompatible land uses, to safeguard privacy, and to protect the aesthetic assets of the City.” The required buffer between the Commercial and Residential zones is a Type I landscaping 17.80.050. This is a very dense sight barrier and physical type buffer. The applicant will also place a 6' Cedar fence between the adjoining properties. Police protection is provided by the City of Yelm, and Fire Protection is provided by Thurston County Fire District #2. Adequate street lighting will be required for this project. Street lighting design must meet the City of Yelm’s Development Guidelines, and will be submitted to Puget Sound Energy for review and approval. The City of Yelm has an Animal Control Ordinance, Yelm Municipal Code, Chapter 6, which applies to all City of Yelm residents. The City cannot regulate who may or may not have a household pet. ** The proposal meets the zoning, landscaping, and lighting requirements.** FINDINGS AND CONCLUSION: Based on the Analysis, Findings, and Conditions of Approval in the City of Yelm Staff Report, and the conditions of approval added by the Planning Commission, staff finds that this project meets the requirements, goals, and policies of City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. COUNCIL ACTION: The City Council may take one of the following actions: uphold the Planning Commission Decision to approve Case #BSP-01-8275-YL as conditioned, approve the project with modifications to the conditions of approval, return the application to the Planning Commission for further review, or deny the land use application.