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Hearing Examiner Decision November 15, 2002 Beehive Management Group LLC Marvin Pratt Suite 200, 4110 Pacific Avenue Forest Grove, OR 97116 RE: EASTHAVEN VILLA PHASE II ADDITION CUP-02-8322-YL Dear Applicant: Transmitted herewith is the Report and Decision of the City of Yelm Hearing Examiner relating to the above-entitled matter. Very truly yours, STEPHEN K. CAUSSEAUX, JR. Hearing Examiner SKC/ca cc: Parties of Record CITY OF YELM OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: EASTHAVEN VILLA PHASE II ADDITION CUP-02-8322-YL APPLICANT: Beehive Management Group LLC Marvin Pratt Suite 200, 4110 Pacific Avenue Forest Grove, OR 97116 SUMMARY OF REQUEST: The applicant is requesting a special use permit to construct an additional building holding 20 assisted living units, plus laundry facilities, and an administrative office at Easthaven Villa. SUMMARY OF DECISION: Request granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on November 4, 2002. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: EXHIBIT "1" - Planning and Community Development Staff Report and Attachments EXHIBIT “2” - Aerial photograph EXHIBIT “3” - Site Plan TAMI MERRIMAN appeared and presented the Community Development Department Staff Report. The applicant proposes to expand an existing facility, and staff has identified no environmental concerns. The project meets all parking and landscape requirements and will need to install road frontage improvements. The applicant will need to pay transportation improvement charges for traffic. The vanpool allows reduction in the required number of parking spaces from 12 to 9. They will provide these spaces at the rear of the existing facility. The applicant needs to provide the calculations for water usage for the new units which may be based upon water usage in the present facility. Storm water control will meet ordinance standards, and they will continue the same type of landscaping as in the existing facility. The code allows the applicant to use a trellis or other type of landscaping if they do not have sufficient width for the required landscaping. Staff recommends approval subject to conditions. In answer to the Examiner’s question, the City requires the applicant to commence the project within three years of the effective date of the decision and complete it within five years with extensions possible. Appearing was MARVIN PRATT who testified that Beehive Management Group owns the Easthaven Villa LLC. They will build the project as soon as possible and may purchase an additional 20 feet on the southwest side which may eliminate the need for a special buffering hedge. No one spoke further in this matter and so the Examiner took the request under advisement. The hearing was concluded. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department. FINDINGS, CONCLUSIONS AND DECISION: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. The City performed an environmental review, and issued a Determination of Nonsignificance on September 13, 2002, with a comment deadline of September 27, 2002, and an appeal deadline of October 4, 2002. No appeals were filed. Notice of this application was mailed to state and local agencies, and property owners within 300 feet of the project site on August 23, 2002. Public notice of the date and time of the public hearing was posted on the site, mailed to property owners within 300 feet of the project site on October 24, 2002, and advertised in the local newspaper. The applicant has a possessory ownership interest in a rectangular, unimproved, 26,370 square foot parcel of property abutting the southwest property line of the Easthaven Villa Phase I assisted living facility. The applicant, which owns Easthaven Villa Phase I, requests a special use permit to allow construction of a new building housing 20 assisted living units and joined to the existing facility by a solarium/walkway. The site is located within the Commercial (C-1) zone classification of the Yelm Municipal Code (YMC) which authorizes the special uses set forth in Section 17.66.020 YMC subject to obtaining a special use permit. Subsection A(5) authorizes nursing homes, convalescent care facilities, and congregate care facilities as special uses in the C-1 zone classification. For the C-1 classification, Section 17.26.070 YMC requires a side yard setback of ten feet, a rear yard setback of 20 feet, and a front yard setback of 15 feet. Section 17.26.060(A) YMC requires a minimum lot size of 5,000 square feet, and Section 17.26.090 YMC allows a maximum building height of 40 feet. All proposed setbacks exceed the minimum requirement. The lot exceeds 5,000 square feet and the applicant proposes a one story building which will match the existing facility. The proposed use therefore meets all bulk regulations of the C-1 zone classification. The property north of the existing facility is located in the R-6 residential zone classification and appears improved with a multi-family residential complex and a single family home. The vacant parcel to the west is zoned Commercial. Parcels to the south and southwest on both sides of Cullens Road NW are also located within the C-1 zone classification, but are improved with residential uses. Staff has recommended conditions requiring landscaping of the project to mitigate impacts on adjoining residential uses. The project abuts the north side of Cullens Road for 90 feet, approximately 700 feet north of its intersection with Yelm Avenue. The City 2001 Comprehensive Transportation Plan Update provides methods for financing transportation projects and includes a policy that “requires impact mitigation payments, or seek voluntary contributions from developers”. The City Concurrency Management Ordinance also requires mitigation of impacts to the City’s transportation system by requiring projects to make contributions to the facilities identified in off-site comprehensive transportation planning in the form of a transportation facility charge. The ordinance lists the number of new p.m. peak trips generated by a congregate care/assisted living facility as .17 trips per dwelling unit. The transportation facility charge amounts to $750 per new p.m. peak trip. Conditions of approval require the payment of $2,550 to offset the transportation impacts to the City system as well as making on-site and frontage improvements on Cullens Road to neighborhood collector standards. Section 17.72.030(D) YMC sets forth minimum parking requirements for various commercial uses to include “institutions, sanitariums and long term care facilities”. Said uses require one parking space for each two beds plus one space per employee based upon the greatest number of care employees on a single shift. The proposal adds 20 beds and two employees and therefore requires an additional 12 parking stalls. However, Section 17.72.090 authorizes a reduction of 25% from the minimum required when the applicant provides a private vanpool operation. Since the project will have a vanpool the City has agreed to reduce the number of parking stalls by 25% to a total of nine new stalls. The City currently provides domestic water, fire flow, and sanitary sewer service to the site. The applicant must comply with current City standards and pay for both water and sewer based upon the water consumption rate (240 gallons per day per connection). Since the site is already connected to the City’s sewer system, the applicant must purchase additional sewer equivalent residency units (ERU) based upon the water usage calculations. Construction of the building and associated parking and other impervious areas will increase storm water runoff from the site. Conditions of approval require that the storm water control system meet all City of Yelm development and design guidelines. The Uniform Fire Code requires fire protection for the buildings to include fire hydrants, fire lanes, or sprinkler systems. The applicant must satisfy the landscaping and screening requirements set forth in Chapter 17.80 YMC. Said chapter requires eight foot wide, Type II landscaping around the perimeter of the parcel. Five foot wide, Type II landscaping is required around the perimeter of the building. The applicant may continue the same landscape concept currently in use around the existing buildings. If the applicant cannot meet the width requirements for landscaping, Section 17.80.060 YMC authorizes alternative landscaping options to include a trellis. CONCLUSIONS: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. Section 17.66.060 YMC authorizes the Examiner to grant a special use permit following a public hearing and review of all testimony and evidence submitted therein. Section 17.66.100 requires the Examiner to impose conditions and safeguards as are necessary to secure adequate protection for the locality in which the use is to be permitted. Said section also requires the Examiner to establish a time limit within which the project must be started and completed. The proposed addition to the Easthaven Villa satisfies all criteria set forth in the YMC for “nursing homes, convalescent care facilities, congregate care facilities” as well as all standards for special use permits. Therefore, the special use permit should be granted subject to the following conditions: 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 .17 new peak hour trips per dwelling. The applicant will be responsible for a TFC of $2,550.00 which is payable at time of building permit issuance. The applicant shall provide for a minimum of nine parking stalls. The applicant shall provide for handicap parking stalls as required by ADA. Parking areas shall be landscaped consistent with Chapter 17.80, Landscaping and City of Yelm Development and Design Guidelines. The applicant shall provide proposed water use calculations to the Community Development Department for review and approval. Water ERU’s are based on a consumption rate of 240 gallons per day and are charged a current rate of $1,500 (fee subject to change) inside City limits. The number of ERU’s required for this project shall be determined by calculations provided by the applicant, and approved by the Community Development Department. Water connection fees shall be paid at building permit issuance. The proposed site is connected to the City’s STEP sewer system. The applicant is required to purchase Sewer ERU’s based on the water calculations provided by the applicant, and reviewed and approved by the Community Development Department. Equivalent Residential Units (ERU’s) are based on a discharge of 240 gallons per day. The current rate for one ERU is $4,986.00 (fee subject to change). Sewer connection fees are payable at building permit issuance. The applicant shall design and construct all stormwater facilities in accordance with the DOE Manual, as adopted by the City of Yelm. Best Management Practices are required during and post construction. Stormwater areas shall be landscaped consistent with Chapter 17.80, Landscaping and City of Yelm Development and Design Guidelines. The applicant shall submit a final stormwater report with civil plan application. The applicant shall submit a stormwater maintenance plan with civil plan application. The applicant shall provide a blanket easement for maintenance of all utilities deeded to the City, and access to the stormwater facility. An eight foot, Type II landscaping is required around the perimeter of the site and the new addition. The applicant may continue the same perimeter landscape concept as is currently being used around the site. A five foot, Type II landscaping is required around the perimeter of the building. The applicant may continue the same landscape concept as is currently being used around the buildings. A Type III landscaping is required as part of the frontage improvements. Type IV landscaping is required in parking areas, and Type V landscaping is required in stormwater retention facilities. The applicant shall submit a final landscape and irrigation plan, pursuant to Chapter 17.80, to the Community Development Department for review and approval. Completed landscaping shall be approved by the Community Development Department prior to building occupancy. The applicant shall commence construction of the project within three years of the effective date of the decision and shall complete construction within five years of the effective date of this decision; provided, however, that the applicant may request one year time extensions. DECISION: The request for a special use permit to authorize an additional 20 assisted living units at the Easthaven Villa located at 311 Cullens Road within the City of Yelm is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 15th day of November, 2002. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 15th day of November, 2002, to the following: APPLICANT: Beehive Management Group LLC Marvin Pratt Suite 200, 4110 Pacific Avenue Forest Grove, OR 97116 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO: EASTHAVEN VILLA PHASE II ADDITION CUP-02-8322-YL NOTICE 1. RECONSIDERATION: Any interested party 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. Said request shall set forth specific errors relating to: Erroneous procedures; Errors of law objected to at the public hearing by the person requesting reconsideration; Incomplete record; An error in interpreting the comprehensive plan or other relevant material; or Newly discovered material evidence which was not available at the time of the hearing. The term “new evidence” shall mean only evidence discovered after the hearing held by the hearing examiner and shall not include evidence which was available or which could reasonably have been available and simply not presented at the hearing for whatever reason. The request must be filed no later than 4:30 p.m. on December 3, 2002 with the Community Development Department 105 Yelm Avenue West, Yelm, WA 98597. This request shall set forth the bases for reconsideration as limited by the above. The hearing examiner shall review said request in light of the record and take such further action as he deems proper. The hearing examiner may request further information which shall be provided within 10 days of the request. 2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner may be appealed to the city council, by any aggrieved person or agency of record, oral or written that disagrees with the decision of the hearing examiner, except threshold determinations (YMC 15.49.160) in accordance with Section 2.26.150 of the Yelm Municipal Code (YMC). NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration, please attach this page to the request for reconsideration.