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Hearing Examiner Staff ReportDate: February 18, 2003 To: Stephen Causseaux, Jr., Hearing Examiner From: Tami Merriman, Assistant Planner Re: Rosemont Retirement and Assisted Living Facility, CUP-02-8328-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: Mountain West Investment Corporation 245 Commercial Street SE Suite 200 Salem, OR 97301 Proposal: The applicant is applying for a Special Use Permit to construct a 71,000 sq. ft., 87-unit retirement and assisted living facility within the city limits of Yelm. Notice of this application was mailed to state and local agencies, and property owners within 300 feet of the project site on November 25, 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 February 18, 2003, and advertised in the local newspaper on February 21, 2003. The City has performed an environmental review, and issued a Determination of Nonsignificance on December 30, 2002, with a comment deadline of January 13, 2003, and an appeal deadline of January 20, 2003. 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), YMC Chapter 17.26. 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: At this time, the property is unimproved. Lot size and setbacks for the C-1 zone are; a minimum lot size of 5,000 sq. ft. Setbacks 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 proposal meets current minimum setbacks and lot size requirements. 3. Adjacent Land Uses and Zoning. Finding: The property to the north is zoned R-14, and is developed as an apartment complex. The properties to the south, east, and west, are zoned commercial, and are vacant. Conclusion: The surrounding properties to the south, east, and west are compatibly zoned, and perimeter landscape buffers will be required. The property to the north is residential, and a 15 foot Type I dense landscape buffer will be required. This is reflected in the landscaping section. 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 elected 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 benefit projects in all areas of 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 Killion Road, just North of Yelm Ave., E. Killion Road is listed as a pedestrian oriented street in the City of Yelm Development Guidelines. 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 $11,092.50, which is payable at time of building permit issuance. The applicant shall make on-site and frontage improvements consistent with City standards. Improvements for Killion Road shall be consistent with the City of Yelm Development Guidelines for a “Pedestrian Oriented Street”. The service entrance road on the south of the property shall provide for a 5’ planter strip, and 5’foot sidewalk on the northern side of the road. This planter strip shall be planted with street trees, and the sidewalk consistent with the City of Yelm Development Guidelines. 5. Parking. Finding: Chapter 17.72, Off-Street Parking and Loading provide guidelines for parking requirements. 17.72.030 (C*) requires that; housing intended for exclusive use of, and occupied by senior citizens shall provide one parking stall for every three dwelling units, plus two-tenths parking stall per dwelling unit in buildings containing five or more dwelling units. The proposal adds 87 units. Using the formula above, one space for every three units equals 29 stalls. Two-tenths space per dwelling units equals 17.4 stalls. Total minimum number of stalls required is 47. ADA stalls shall be provided. Finding: Chapter 17.72, Off-Street Parking states; The requirements for off-street parking and loading facilities and their design shall be regarded as the minimum; however, the owner, developer, or operator of the premises for which the parking facilities are intended shall be responsible for providing adequate amounts and arrangement of space for the particular premises, even though such space is in excess of the minimum set forth in this chapter. 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 36 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. Sewer connection fees are payable at building permit issuance. 8. Drainage/Stormwater: Finding: The completed project will increase the amount of impervious surface on the site, and on the adjacent streets. Impervious surfaces create stormwater runoff. Uncontrolled and untreated stormwater runoff can create health and safety hazards. YMC requires all development to comply with the adopted City Stormwater Manual. Conditions of Approval: 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. 9. Fire Finding: Fire protection to the buildings must be provided per the Uniform Fire Code. Requirements for installation of fire hydrants, fire lanes, or sprinkler systems will be determined in civil plan, and building permit review. Conclusion: Fire protection will be reviewed and approved through civil plan, and building permit review. 10. Landscaping, Development Guidelines, and Design Guidelines. Finding: Landscaping and screening are necessary to promote safety, to provide screening between compatible land uses, to safeguard privacy and to protect the aesthetic assets of the City. YMC, Chapter 17.80 requires all development to provide on site landscaping. Finding: YMC 17.80.030(B) states; Whenever a nonresidential activity is proposed adjacent to a residential use, a minimum 15-foot buffer area of Type I landscaping shall be provided along the property boundary between the uses. Finding: YMC, Development Guidelines, and Design Guidelines provide regulations regarding street trees, parking lot landscaping, perimeter and interior landscaping. YMC Chapter 17.80 describes the different landscaping regulations by “Type”. Conditions of Approval: The applicant shall provide for a 15’ dense “Type I” landscape buffer along the northern property line, adjacent to the residential use. An 8-foot, Type II landscaping is required along the West property line. A 5-foot Type II landscaping is required around the buildings. Type III landscaping is required as part of the frontage improvements, and also along the service road on the southern property line. Type IV landscaping is required in parking areas. 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. 11. Refuse: Finding: The City of Yelm Design Guidelines provides guidance for the placement and screening of service areas. Design Guidelines I.D.(1)(b) states; When service elements are visible from the sidewalk, or adjacent properties, the elements must be screened. A six-foot wall or fence shall enclose any outdoor refuse collection point. The fence shall be a solid material such as wood or masonry. Conclusion: The refuse area must meet current code standards. Conditions of Approval: Refuse container screening shall be required, and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six feet high. No refuse container shall be permitted between a street and the front of a building. Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. Staff Analysis and Conclusion. Based on the conceptual plan as proposed by the applicant, and the analysis and conditions described above, staff finds that the project: Adequately provides for the public health, safety and general welfare, and for drainage ways, streets, potable water supplies, sanitary wastes; and The project is in conformance with The Yelm-Thurston County Joint Comprehensive Plan, the City Zoning Ordinance, the City’s Development Guidelines and the City Design Guidelines. Staff Recommendation: Based on the Analysis, Findings, and Conditions of Approval, staff finds that project, as conditioned, meets the City’s minimum requirements and standards. Staff recommends that the Hearing Examiner approve CUP-02-8328-YL, as proposed and conditioned herein.