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HE ApprovalOFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: Christensen's Furniture Project, Shoreline Substantial Development Permit and Site Plan Review, SHO -0308357-YL, and SPR-03-8356- YL APPLICANT: Richard Christensen, Jr. 11915 Clear Lake Road S Eatonville, WA 98328 AGENT: Jerome W. Morrissette & Associates., P.S. 1700 Cooper Pt. Road SW, #B-2 Olympia, WA 98502-1110 SUMMARY OF REQUEST: The applicant proposes to construct an 11,00 square foot retail building, parking, internal road, and stormwater retention pone. The applicant is planning for future development of the site, which may include a short subdivision for future commercial development. SUMMARY OF DECISION: The request for a shoreline substantial development permit and site plan approval is granted subject to the conditions. RUBLiC HEARIf:IG: 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 March 22, 2004, at 9:00 a.m. 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 -1- Attachments TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that proper notice had been given, that the environmental official had issued an MDNS, and had received no appeals. The applicant requests a shoreline substantial development permit and site plan review. Yelm Creek is a small stream almost exclusively on private property. It has associated wetlands and a flood zone area, and the applicant will stay out of the flood zone. The City has a joint shoreline plan with the County, and the Staff Report lists all items and how the proposal meets them. The project cannot meet the public access requirement, but the City is trying to protect Yelm Creek by limiting public access. A small park in the center of the town provides public access to the creek. Surrounding properties are improved with commercial uses. The building will be located more than 50 feet from the ordinary high water mark. The City desires an easement to the creek for habitat work. Concerning the SPR, access to the site will be provided by SR 507 and 106th. The site will connect these two streets and will be subdivided in the future. The DOT will require a right turn in, right turn out access and improvements to the road. The improvements will stop at the flood plain of the creek, and no improvements will be made now to the SR 507 bridge. The City will defer these requirements until a state highway project later. The applicant must comply with a latecomers fee agreement for water and will extend sewers from their present location at Creek Street and SR 507. The project meets the parking and design standards as well as landscaping which will extend around the perimeter and within the development. The rear area along the creek will remain untouched. RICK CHRISTENSEN, applicant, appeared and testified that he agrees with the Staff Report, has reviewed the conditions, and has no questions or concerns. He can comply with all conditions. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:20 a.m. 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, viewed the property, heard testimony, and taken this matter under advisement. 2. Notice of public hearing was posted on the site, and mailed to interested parties and property owners within 300 feet of the site on March 10, 2004. Notice was also -2- published in the Nisqually Valley News on March 12, 2004. 3. A Mitigated Determination of Non-Significance was issued on February 24, 2004, with the appeal deadline ending on March 2, 2004. No appeal was filed from the same. 4. The applicant has a possessory ownership interest in Parcel 3 of a commercial development abutting the north side of SR 507 and at the east side of the present terminus of 106th Avenue SE within the City of Yelm. Yelm Creek, its flood plain, and associated wetlands extend along the eastern portion of the site. The applicant requests a shoreline substantial development permit and site plan review to allow construction of a generally rectangular, 11,000 square foot retail building, associated parking, and internal road. 5. The site plan shows the commercial project consisting of four parcels, each of which will support future buildings and parking areas. Parcel 3 consists of two parcels and is located in the southeast corner of the four-parcel site. Access to Parcel 3 is provided via an internal road connecting 106th Avenue SE with SR 507. Since the State Department of Transportation (DOT) has limited the access onto SR 507 to right turn in /right turn out, the full service access will be from 106th Avenue SE. 6. The site plan shows the eastern third of the site impacted by Yelm Creek and its associated 100-year flood zone and wetlands, and that all improvements will occur outside of said area. The site plan shows the structure and a service road located in close proximity to the flood plain, and the 10-space parking area located between the building and the access road. Yelm Creek crosses under SR 507 adjacent to the south property line. Abutting uses include the Rainier Commons approved commercial short plat to the west, Yelm Creek to the east, SR 507 to the south, and a commercial use to the north. 7. The site is located within the Commercial (C-1) zone classification of the Yelm Municipal Code (YMC) and within the City of Yelm Design Guidelines Gateway Overlay. The parcel is also located within the rural shoreline environment for Yelm Creek. Zoning in the area includes Heavy Commercial (C-2) to the east and Thurston County Arterial Commercial to the south across SR 507. 8. As previously found, the applicant will not disturb the 100-year flood plain which encompasses wetlands and will provide an erosion control plan to assure no disturbance of the area. The storm drainage plan will ensure water quality treatment before release. The City has determined that the buffer will remain extensively vegetated and that the flood zone creates an adequate buffer to protect wetland areas. The site complies with the requirements of the critical areas regulations. -3- 9. The project also complies with the Yelm Creek Comprehensive Flood Management Plan as it proposes no disturbance of the flood zone and will maintain a continuous vegetated buffer along Yelm Creek. The applicant will provide the City an access easement to the creek for buffer enhancement or other improvements. The applicant will remove any fences or debris from the creek area during low water conditions. 10. The project also complies with applicable criteria of the Shoreline Master Program for the Thurston Region. Construction will occur completely outside of the flood zone, will leave the wetlands and flood zone undisturbed, and will provide an erosion control plan to prevent adverse impacts thereto. Priority 5 of the SMP encourages public access to publicly-owned shoreline areas. Yelm Creek has no public shorelines in the area, and the City desires to retain the shoreline in its natural condition. A City park on Yelm Creek provides public access. 11. The project satisfies the regional plan elements for the rural shoreline environment. The project satisfies the economic development goal by proposing a project in a commercial area which reflects the character of the surrounding area. As previously found, the project will protect the creek, associated wetlands, and flood zone areas both during and after development. As previously found, however, the project will not meet the public access goal as the City desires to maintain Yelm Creek in its natural condition, and no public property exists in the area. The project meets the circulation goal as it will provide all vehicular access outside of the shoreline jurisdiction. City water and sewer will serve the site, and stormwater will be treated before release into the ground. Preserving the creek in its natural condition satisfies the recreational shoreline use, conservation, historical and cultural values, and restoration goals. For the above reasons, the project also satisfies all applicable commercial development policies. 12. The project also satisfies applicable regulations for commercial development in the rural shoreline environment. The project maintains more than a 50-foot setback from the ordinary high water mark of Yelm Creek and will have no structures higher than 35 feet. As previously found, the project will not provide public access to Yelm Creek, but due to wetlands, flood plains, and the lack of public shoreline, the creek does not provide traditional waterfront amenities and access opportunities. The project therefore meets all criteria for a substantial development permit. 13. Section 17.84.010 YMC provides in part: Site plan review and approval shall be required prior to the use of land for the location of any commercial. .building or activity. . Additionally, site plan review shall be required for any allowed.. . -4- activity on lands containing a wetland or wetland buffer areas... . The applicant has requested site plan review to allow the commercial project. 14. Section 2.26.090 YMC authorizes the Examiner to approve conditional/special use permits which include site plan review. Section 17.84.020 YMC requires an applicant for site plan review to show that the project conforms: ... to the standards, provisions and policies of the City as expressed in its various adopted plans and ordinances including the applicable sections of the Shoreline Master Program for the Thurston Region. . 15. The project satisfies the transportation policies of the City as it will pay the Transportation Facility Charge (TFC) of $750.00 per pm peak trip and, as previously found, will construct road frontages along SR 507 except those areas within the flood zone and at the bridge. The City will defer said improvements until such time as DOT improves the bridge. As previously found, the site provides a connection between 106`h Avenue SE and SR 507 and will have limited access onto SR 507 and full access onto 106' Avenue. 16. The City will provide both domestic water and fire flow to the site from a waterline located in the right-of--way of SR 507. The applicant must comply with a latecomers agreement prior to connection. The City will also provide sanitary sewer service to the project, and the applicant will extend a sewer line to the site and pay an access fee at building permit issuance. 17. The applicant will construct the stormwater drainage system in accordance with YMC criteria and will discharge treated stormwater into the ground. 18. The project meets the requirements of the YMC for minimum parking spaces. The 11,000 square foot building requires a total of 44 parking stalls, and the site plan shows 50 stalls. 19. The project also meets the design guidelines adopted by the City for commercial projects. Design guidelines address pedestrian access, parking, building design, and landscaping. The applicant has submitted plans to the City which address said guidelines. The applicant must provide for adequate pedestrian access to and throughout the development. The applicant will comply with YMC Chapter 17.80 which addresses landscaping, and will provide Type II landscaping around the perimeter of the site and adjacent to buildings. Type III landscaping will be installed with road improvements to include the interior road. -5- CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the request for a shoreline substantial development permit satisfies all criteria of the Shoreline Master Program for the Thurston Region as well as the criteria for the rural shoreline environment. The project also satisfies all criteria of the critical areas and resource lands ordinance, and therefore the shoreline substantial development permit should issue subject to the conditions contained hereinafter. 3. The request for site plan approval satisfies all criteria set forth in Section 17.84.020 YMC and therefore should be approved subject to the following conditions: 1. The applicant shall provide an easement to the City of Yelm for access to Yelm Creek. 2. The applicant shall provide an erosion control plan, approved by the City of Yelm to protect the flood zone area during and after construction. 3. The applicant shall mitigate traffic impacts to the transportation system. Mitigation includes payment of the Transportation Facility Charge (TFC). The TFC charge for shall be based on use and square footage. TFC charges for the furniture store shall be based on .23 trips per 1,000 sq. ft, and shall be payable at the time of building permit issuance. The miscellaneous retail use TFC charges shall be determined and payable at the time of tenant improvement permit. 4. The applicant shall make on-site and frontage improvements consistent with City standards. Improvements for SR 507 shall be consistent with the City of Yelm Development Guidelines for "Urban Arterial", and shall be installed from the western property line east to the 100-year flood zone area. The remaining improvements shall be deferred. 5. Construction details and improvements to State Route 507 must be reviewed and approved by Washington Department of Transportation. 6. Ingress and egress to the site is located on SR 507, and shall be a limited access to allow vehic-es a "right-in/right-out" only. The access shall be designed to prevent vehicles traveling east on SR 507 from turning left into the site. -6- 7. The applicant shall construct an internal road, connecting 106th Street through the development to SR 507. This internal road shall be constructed to "Coca! Access Commercial" standards, and dedicated to the City as a public street. 8. The applicant shall connect to the City water system. The cost to connect shall include a fee of $1,500.00 per Equivalent Residential Unit (each ERU equals 240 gallons of water consumption per day, fee subject to change.). The applicant shall provide proposed water usage calculations to the Community Development Department for review and approval, to determine the number of gallons of daily use. 9. The waterline shall be extended from SR 507 thru the internal access road, to connect at 106th Ave. SE. The applicant shall provide for future development water connections to this line. 10. The applicant shall pay a Latecomers fee in the amount of $3,895.96 for tax parcel number 64303400502 and $9,613.09 for tax parcel number 64303400501. 11. The applicant shall meet all conditions for cross connection control as required in section 246-290-490 WAC. 12. The applicant shall connect to the City S.T.E.P. sewer system. The cost to connect shall include a fee of $2,694.00 for the four (4) ERU under the LID, and $5,269.00 per ERU (each ERU equals 240 gallons of water consumption per day, fee subject to change) for the remaining connections required. The number of ERU's required will be determined by approved water consumption calculations. 13. Upon completion of the on site S.T.E.P. sewer installation as per the City's Development Guidelines, the S.T.E.P. sewer equipment, appurtenances and lines shall be deeded to the City, and an easement provided for maintenance. 14. The applicant shall provide for a grease trap(s) sufficient to accommodate all proposed uses, which shall be maintained by the property owner or tenant. 15. 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 construction. -~- 16. The applicant shall provide the City with an erosion control plan that protects the flood zone area during and after construction. 17. The applicant shall create a paved parking area, meeting the City of Yelm Development Guideline standards, with a minimum of 44 parking stalls, 2 of which shall be ADA compliant. 18. Off-street loading area must accommodate a vehicle 45 feet in length, 12 feet in width, and 14 feet in height. 19. Parking lot landscaping shall be required per YMC 17.80, Yelm Development Guidelines, and Yelm Design Guidelines. 20. The applicant must provide for pedestrian access to and throughout the development. ADA approved pedestrian access from the sidewalk to the building is required. On-site pedestrian circulation must be employed as future development on the site occurs. 21. Applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 22. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. 23. Applicant shall provide for Type II landscape buffer along the perimeter of phase I of the development. This includes a 5-foot landscape strip adjacent to the building. As phased development occurs on the site, appropriate landscaping shall be required. 24. Type III landscaping shall be required on road improvements to SR 507, and the interior street through the development. 25. Type IV landscaping is required in parking areas. As phased development occurs on the site, appropriate parking lot landscaping shall be required. 26. Type V landscaping is required in stormwater facilities, incorporating on site landscaping concepts. 27. Applicant shall submit landscape plan with civil plan submission. 28. The applicant must provide for refuse storage. Refuse container screening shall 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 -s- container, and shall in no case be less than six-feet in height with a gate enclosure. The fence shall be a solid material such as wood or masonry, and shall be designed per the City of Yelm Development guidelines. 29. No refuse container shall be permitted between a street and the front of a building. 30. 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. DECISION: The request for a shoreline substantial development permit and site plan approval to allow improvement of Parcel 3 of the Christensen Commercial Center with an 11,000 square foot building and 50 parking spaces is hereby granted subject to the conditions contained in the conclusions above. ORDERED this ~ day of ~ , 2004. ~~ TRANSMITTED this ~ day of ~''L~ ' , 2004, to the following: APPLICANT: Richard Christensen, Jr. 11915 Clear Lake Road S Eatonville, WA 98328 AGENT: Jerome W. Morissette & Associates., P.S. 1700 Cooper Pt. Road SW, #B-2 Olympia, WA 98502-1110 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 -9- CASE NO.: Christensen's Furniture Project, Shoreline Substantial Development Permit and Site Plan Review, SHO-0308357-YL, and SPR-03-8356-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: A. Erroneous procedures; B. Errors of law objected to at the public hearing by the person requesting reconsideration; C. Incomplete record; D. An error in interpreting the comprehensive plan or other relevant material; or E. 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 February 18, 2004 (10 days from mailing) 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.