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Hearing Examiner Staff ReportDate: October 24, 2002 To: Stephen Causseaux, Jr., Hearing Examiner From: Tami Merriman, Planning Technician Re: Easthaven Villa Phase II Addition, CUP-02-8322-YL LIST OF EXHIBITS: Exhibit I: Site Plan Exhibit II: Notice of Application Exhibit III: Determination of Non-Significance Exhibit IV: Public Hearing Notice Applicant: Beehive Management Group L.L.C Marvin Pratt Suite 200, 4110 Pacific Ave. Forest Grove, OR 97116 Proposal: The applicant is applying for a Special Use Permit to construct an additional building, holding 20-assisted living units, plus laundry facilities, and an administrative office. The new building will be connected to the existing building by a covered solarium/walkway. Construction includes new facilities, infrastructure, frontage improvements, parking, landscaping and stormwater facilities. Prior land use approval for this facility did not include the construction of these units. 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 project site, mailed to property owners within 300 feet of the project site on October 24, 2002 and advertised in the local newspaper. The City has 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. Summary: Staff recommends approval of the proposal, subject to the conditions listed in this report. 1. Existing Land Use and Zoning. Finding: The site is zoned Commercial (C-1), Yelm Municipal Code (YMC) Chapter 17.26, and contains one existing building that includes assisted living facilities, kitchen, dining area, and related utility and administrative support. In the C-1 zone, Special Uses are allowed as provided for in Chapter 17.66, Special Uses. Conclusion: A nursing home, convalescent care and congregate care facility is classified as a special use and is allowed, provided any unique impacts resulting from the proposal can be mitigated. 2. Lot Size and Setbacks: Finding: The current building has been in place since 1998. The proposal is to add another building with 20 assisted living units, joined by a solarium/walkway. Setbacks for the C-1 zone are 10 feet on side yards, 20-feet on rear yards, and 15-feet from front property lines. The maximum height of buildings shall be 40 feet. Conclusion: The site and the projected addition meet current minimum setbacks and lot size requirements. 3. Adjacent Land Uses and Zoning. Finding: The project site is immediately south of the existing assisted living facility. The buildings shall be joined in the center by a solarium/walkway. The property to the north of the existing building is zoned R-6 Residential. The property to the west is zoned commercial, and is vacant. The property to the south is zoned C-1 Commercial, however, it is currently used as residential. Conclusion: The existing special use is currently approved. The proposed addition will require landscape conditions to mitigate impacts to adjoining residential uses. Landscaping requirements are addressed later in this document. 4. Transportation and Site Access. Finding: Yelm is a small compact community most directly affected by two state highways which bisect the community. The two state highways are used by local residents for transportation throughout the city and for access to commercial and residential areas throughout the community. In lieu of widening existing streets, the City has elect to create certain alternatives, Y-1, Y-2, Y-3 which will avoid the need to significantly widen existing streets, and particularly Yelm Avenue. New developments do in fact burden the city’s central streets, and unless the bypass alternatives are accomplished, the City would have to require developers to pay the cost of the internal street widening. The city plans show, and the City finds that adequate facilities will be accomplished better and in a timely fashion by bypass facilities as a substitute for the widening of existing facilities. As a result, the City finds that the regional plans in fact benefit projects in all areas on the City and will accomplish the goal of providing adequate facilities to City standards within a reasonable time to serve the demands created by the proposed project. Finding: The project fronts on Cullens Road, approximately 700 feet from Yelm Ave. The previous land use approval for the facility required road frontage improvements on Cullens Road. As part of that land use approval, the City provided for and constructed the realignment of the Cullens/Coates intersection. Finding: The City of Yelm 2001 Comprehensive Transportation Plan Update lists Goals and Policies relating to transportation impacts. #30. Funding Sources Policy provides methods for financing transportation projects, and includes a policy that “requires impact mitigation payments, or seek voluntary contributions from developers”. Finding: The City of Yelm Concurrency Management ordinance also describes mitigation measures for impacts to the City’s transportation system by requiring the project to make a contribution to the facilities identified in off-site comprehensive transportation plan, in the form of a transportation facility charge. The ordinance lists the number of new pm peak trips generated by a Congregate Care/Assisted Living Facility to be 0.17 trips per dwelling. The Transportation Facility Charge is currently $750.00 per new pm peak trip. Finding: Chapter 15.40 Concurrency Management provides for mitigation measures for impacts to the City’s transportation system. Chapter 15.40.020(5)(a) states that “The project makes on-site and frontage improvements, consistent with City standard for utilities, curbs, gutters, sidewalks, bicycle lanes where appropriate, and roads necessary to serve the proposed project consistent with safety and public interest. Conclusion: The construction of this project will create impacts to the existing traffic system. The City of Yelm has created mitigation measures through its Municipal Code, Comprehensive Transportation Plan, and Development Guidelines. Conditions of Approval: 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 make on-site and frontage improvements consistent with City standards. Improvements for Cullens Road shall be consistent with the City of Yelm Development Guidelines for a “Neighborhood Collector”. 5. Parking. Finding: Chapter 17.72, Off-Street Parking and Loading provide guidelines for parking requirements. Guidelines for the proposed addition require one parking stall for each two beds, plus one per employee, based on the greatest number of employees on a single shift. The proposal adds 20 beds, and approximately 2 employees. ADA stalls shall be provided. Number of additional parking stalls required is 12. Finding: The facility has it’s own transportation van for residents. Chapter 17.72.090, Incentives for reducing the number of parking stalls, allows for a 25% reduction in parking stall requirements when a private vanpool operation is provided by the development. Conclusion: Off-street parking shall be provided on site. Number of stalls may be reduced by 25%. Conditions of Approval: The applicant shall provide for a minimum of 9 additional 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. 6. Water Supply. Finding: The City’s Water Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas for approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in pace - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Any necessary water rights are considered, only after approved for municipal use by the Washington State Department of Ecology, or appropriate appeals board, and the time for appeal or challenge has expired. Finding: There is an existing city water connection at this site. Connection charges are based on water consumption. One connection is based on a consumption rate of 240 gallons per day. This connection is referred to as an “ERU”. Conclusion: The additional development to this site creates an increased impact on the City’s water system. Conditions of Approval: 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. 7. Wastewater. Finding: The city’s Sewer Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas or approval and the extension of facilities. Completion of such activities is dependent on grand and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in place - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Finding: The site is currently connected to the City sewer system. Sewer ERU’s are based on water consumption. The additional development on this site creates an additional impact on the City’s sewer system, and may require an additional STEP tank or increased size. Conclusion: The additional development to this site creates an additional impact on the City’s sewer system. Conditions of Approval: The proposed site is connected to the City’s STEP sewer system. The applicant is required to purchase Sewer ERU’s based on the 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.