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05-0657 Approval 1 STAFF REPORT City of Yelm Community Development Department   Case Number: SPR-05-0657-YL Applicant: GMS Construction P.O. Box 422 Spanaway, WA 98387 Agent: Clint Pierpoint KPFF Consulting Engineers 4200 6th Avenue SE, Suite 309 Lacey, WA 98503 Request: Construct a 15 unit multi-family development on approximately one acre. Recommendation: Preliminary Approval of Binding Site Plan, with conditions Exhibit I: Application Packet (application, binding site plan, conceptual landscape plan, environmental checklist) Exhibit II: Mitigated Determination of Non-Significance Exhibit III: Comment letters Proposal The applicant is proposing a Binding Site Plan to construct a 15 unit multi-family residential development on approximately 1 acre. The property is zoned High-Density Residential (R-14), which allows which allows a maximum of 14 units per acre, and a minimum of 6 units per acre. Property Characteristics The property is located at 304 Longmire Street SE, southwest of Yelm Avenue West (SR 510), Yelm, WA 98597, and is identified by assessor tax parcel number 21724410200. The property has been used for residential purposes. The surrounding areas are residentially zoned with existing residential uses and the property to the south is zoned as parks and open space. The property is generally flat with no indication of areas which exceed five percent slopes. Notice of Application and Public Hearing Notice of this application was mailed to state and local agencies, and property owners within 300 feet of the project site on August 29, 2006. Notice of the date and time of the public hearing before the Hearing Examiner was posted on the project site on November 22, 2006 and mailed to property owners within 300 feet of the project site on November 29, 2006 due to weather conditions. We request that the hearing be kept open until December 11, 2006 due to the delay in the mailing distribution of the Notice of Hearing. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on November 24, 2006 State Environmental Policy Act The City of Yelm SEPA Responsible Official issued a Mitigated Determination of Non-significance based on WAC 197-11-158 on September 26, 2006. This determination is final and fulfils the City’s responsibility for disclosure of potential, significant environmental impacts. The Hearing Examiner may take action to deny or condition the proposal based on impacts identified in the environmental checklist or other environmental documents. The Mitigated Determination of Non-significance included the following findings of fact: 1. This Mitigated Determination of Non-Significance is based on the project as proposed and the impacts and potential mitigation measures reflected in the following environmental documents: Environmental Checklist (July 2006, prepared by GMS Construction Inc.) Preliminary Hydraulic Report (July 2006, prepared by KPFF Consulting Engineers) Existing residential and other structures located on the site will be demolished. The Olympic Region Clean Air Authority (ORCAA) approval is required prior to demolition. Chapter 14.12 YMC requires the dedication of open space for all residential development. Section 14.12.050 YMC lists four (4) attributes for qualification of open space. Yelm Community Schools has adopted a school mitigation requirement based on the demand that new residential units create for additional school services and facilities. Additional demands on the school system will be mitigated through the requirement that the developer enter into a mitigation agreement with the District. The Mitigated DNS contained the following conditions, based on review of the environmental checklist and other environmental documents: Temporary erosion control systems to be approved by the City of Yelm. The developer shall provide a minimum of 10 percent of qualified open space. The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. Concurrency Chapter 15.40 YMC requires the reviewing authority to determine that required urban infrastructure is available at the time of development. Concurrency means the facilities necessary to serve a proposed development are in place or planned for and properly funded with a reasonable expectation that the facilities will be in place at the time needed to preserve adopted levels of service. Concurrency with sewer infrastructure is achieved pursuant to Section 15.40.020 (B)(1) YMC when the project is within an area approved for sewer pursuant to the adopted sewer comprehensive plan for the city and improvements necessary to provide city standard facilities and services are present to meet the needs of the proposed development. The project is within the sewer service area. The developer will be required to connect to existing sewer line located in Longmire Street. Improvements required to serve the project will be specifically identified during civil plan review and will have to be installed by the developer and approved by the City prior to final approval. This satisfies the requirement for concurrency with sewer infrastructure. Concurrency with water infrastructure is achieved pursuant to Section 15.40.020 (B)(2) YMC when the project is within an area approved for municipal water service pursuant to the adopted water comprehensive plan for the city and improvements necessary to provide city standard facilities and services are present. The project is within Yelm’s water service area. The developer will be required to connect to existing water lines in Longmire Street. Improvements required to serve the proposal, including providing fire flows and potable water, will be specifically identified during civil plan review and will have to be installed by the developer and approved by the City before final subdivision approval. This satisfies the requirement for concurrency with water infrastructure. Concurrency with transportation infrastructure is achieved pursuant to Section 15.40.020 (B)(5) YMC when the project: Makes on-site and frontage improvements consistent with city standards and roads necessary to serve the proposed project consistent with safety and public interest; Makes such off-site facility improvements, not listed on the capital facilities plan, as are necessary to meet city standards for the safe movement of traffic and pedestrians attributable to the project; Makes a contribution to the facilities relating to capacity improvements identified in the adopted six-year traffic improvement program, in the form of a transportation facility charge. Frontage improvements along Longmire Street will be installed to the City’s adopted “Neighborhood Collector” standards and that internal streets will be constructed to adopted Local Access Residential standards. Finally, Traffic Facility Charges are applied at the time of building permit issuance. These conditions satisfy the requirement for concurrency with transportation infrastructure. Fire concurrency is achieved pursuant to Section 15.40.020(B)(6) YMC upon payment of a Fire Impact Fee at the time of building permit issuance. The current impact fee is $0.216 per square foot of gross floor area. This fee is applied at the time of building permit issuance and satisfies the requirement for concurrency with fire system improvements. Concurrency with school infrastructure is achieved pursuant to Section 15.40.020(B)(4) YMC when the developer provides a letter from the local school district that the school facilities impacted by the proposed development are present, or are on an approved and funded plan, to assure that facilities will be available to meet the needs and impacts of the proposed development. The Mitigated Determination of Non-significance requires the developer enter into a mitigation agreement with Yelm Community Schools. This satisfies the requirement for concurrency with schools. Zoning Requirements The Yelm Zoning Code does not establish minimum or maximum lot sizes, although it does require standard setbacks which creates a building envelope. Standard yard setbacks of 25 feet from the front property line adjacent to a collector road with a minimum 20 foot driveway approach, 10 feet from side property lines with a minimum total of 20 feet on both sides, and 25 feet from the rear property line. Longmire Street is listed as a Local Access road under the Development Guidelines which allows for a 15 foot front yard setback as is proposed on the site plan. It was constructed to Neighborhood Collector standards due to the traffic impacts caused by the Tahoma Terra subdivision located to the west of the property. The setback for a flanking yard is 20 feet from the property line. The preliminary site plan correctly identifies and shows the required setbacks and each lot with sufficient area to construct multi-family residential dwelling units. The refuse container location as displayed on the conceptual site plan meets the City of Yelm requirements for screening and shall be approved by LeMay Inc. prior to submittal and plan approval. As stated in Chapter 17.72 YMC 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. Adjacent Land Uses and Zoning The site is bordered by properties which are zoned High Density Residential (R14), with the exception of the property to the south of the subject site which is zoned parks and open space (P/OS). The Binding Site Plan, as proposed to be conditioned as discussed further in the landscaping section, meets City of Yelm development requirements, and is a compatible use with surrounding properties. Open Space The Growth Management Act establishes a goal for open space and recreation that states “encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks” [RCW 36.70A.020(9)]. Chapter 14.12 YMC provides guidelines for the retention and creation of open space within the City. This chapter requires a minimum of 10 percent of the gross area of a multi-family development be dedicated as usable open space. Appropriate uses of dedicated open space include parks or athletic fields; off-road footpaths or bicycle trails; or any other use found by the City to further the purposes of the Parks Chapter of the Municipal Code. The proposal includes one ‘open space’ tract, located on the west corner of the project site. The site plan as proposed does not meet the 10 percent open space requirement as only 2,668 square feet of open space is provided. To meet the open space requirement, the project would have to dedicate 4,356 square feet as open space. The City will accept a fee in lieu of the 1,688 square feet of undedicated open space that is required. The fee amount will be in the amount of $1,299.76 based on a fee charge of $.77 cents per square foot. The conceptual landscaping plan does not identify open space improvements that are required pursuant to Chapter 14.12 YMC. The final landscaping plan should describe how the open space tract will be improved. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area. There is an existing sewer main located in Longmire Street. This line was installed by the developer of the Tahoma Terra subdivision located to the west of the subject property and that developer created a latecomers agreement that includes this parcel. The sewer latecomer fee associated with this parcel is in the amount of $3,793.81 pursuant to the agreement and must be paid prior to final Binding Site Plan approval. The proposed development would be required to connect to the City’s sewer system through an existing stud located at the entrance of the project in order to serve the multi-family dwelling units. The current fee to connect to the City sewer system is $5,569.00 per Equivalent Residential Unit (each ERU equals 900 cubic feet of water consumption per month). This fee is subject to change, and is determined at the time of connection. Multi-family dwelling units may qualify for a reduced rate of $4176.75 per ERU based on .75 percent of the regular sewer connection fee which must be paid prior to final approval. Any existing on-site sewage disposal system(s) shall be abandoned per Thurston County Health Department standards. Water System The City’s Water Comprehensive Plan identifies the property as being within the water service area. There is an existing water main located on Longmire Street. This line was installed by the developer of Tahoma Terra subdivision located to the west of the subject property and that developer created a latecomers agreement that includes this parcel. The water latecomer fee associated with this parcel is in the amount of $5,893.00 pursuant to the agreement and must be paid prior to final Binding Site Plan approval. The proposed Multi-family development would be required to connect to the City's water system and the projects internal roadways will be required to have a water main installed to serve fire hydrants and individual services. There is an existing stub located at the entrance of the project which will be used as the connection point to serve the multifamily dwelling units. The current fee to connect to the City water system is $1,500.00 per Equivalent Residential Unit (900 cubic feet of water consumption per month). This fee is subject to change, and is determined at the time of connection. Multi-family dwelling units may qualify for a reduced rate of $1,125 per ERU based on .75 percent of the regular rate per ERU for water connection which is payable at building permit issuance. There is an existing water line located on the east property line that has been identified on the proposed site plan. Where public utilities cross private lands, a 15 foot wide single utility easement must be granted to the City and be conveyed on the final Binding Site Plan per the Development Guidelines. The City requires that 7.5 feet of the 15, measured from the water line in towards the subject property, be granted to the City to provide adequate access for maintenance purposes. The City of Yelm is dedicated to providing the best quality water possible to its consumers. Section 246-290-490, WAC, requires that the City take measures to ensure that contamination does not occur as a result of cross contamination. An irrigation meter may be installed for the purpose of irrigation. A backflow prevention device will be required for all landscape irrigation connections between the irrigation system and the water meter. This also includes any individual irrigation systems that may be located on any individual lot within the multi-family development. Identified in the 2002 City of Yelm Water Comprehensive Plan is a requirement to install fire hydrant locks as part of the City’s water conservation and accountability program. In 2004, the City was also required to complete a vulnerability assessment in response to homeland security measures. Transportation and Site Access The City of Yelm Development Guidelines and the concurrency requirements of Chapter 15.24 YMC require all new subdivisions to improve street frontages to current City standards. Frontage Improvements along Longmire Street will be required. This street classification does not allow on street parking. Longmire Street has been partially improved by Tahoma Terra, a residential subdivision located to the west. Completion of Longmire Street shall be required to meet the “Neighborhood Collector” standards. Parking The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code address parking regulations from many aspects, including, but not limited to the design of lots, the number of stalls required, pedestrian pathways within lots, and safety. Chapter 17.72 YMC requires minimum parking ratio of two spaces per dwelling unit which is typically met in a multi-family development through a standard width driveway with a 20 foot approach. Stormwater Quality and Quantity Impervious surfaces create stormwater runoff which, when uncontrolled and untreated can create health, safety, and environmental hazards. The City of Yelm has adopted the 1992 Department of Ecology Stormwater Manual, which requires all development to treat and control stormwater. The applicant has submitted a preliminary stormwater report which includes a conceptual design for the treatment and infiltration of stormwater. The proposed stormwater treatment system consists of a Biofilteration system which utilizes individual drywells and on-site retention basins. This plan does meet the City of Yelm’s requirements. A final stormwater plan is required as part of civil plan submission. Stormwater facilities require continued maintenance to ensure they remain in proper working condition. Street Lighting Adequate street lighting is necessary to provide safety to pedestrians, vehicles, and homeowners. Street lighting is reviewed at the time of civil plan review in order to assure adequate lighting. Binding Site Plan Name and Addressing A Binding Site Plan name must be reserved with the Thurston County Auditor’s Office prior to submitting for civil engineering plan approval. Addressing and street naming within the binding site plan will be assigned by the Community Development Department prior to civil engineering plan approval. Landscaping Landscaping and screening are necessary to provide screening between compatible and incompatible land uses, to safeguard privacy and to preserve the aesthetic assets of the City. Chapter 17.80 YMC requires all development to provide on site landscaping. Type II landscaping is intended to provide visual separation of uses from streets, and visual separation of compatible uses so as to soften the appearance of streets, parking areas and building elevation. It is used around the perimeter of a site with a minimum planting area of eight-feet in width, although for a residential subdivision a solid wood fence may be used for perimeter landscaping. A type II landscape buffer is required along the perimeter of the site. The conceptual landscape plan shows Type II landscaping along all the perimeters of the site with the exception of the frontage on Longmire Street. Type III landscaping is intended to provide visual relief where clear sight is desired. This type is utilized along pedestrian corridors and walks for separation of pedestrians from streets and parking areas. This includes planter strips with grass and street trees. A type III landscape buffer is required along the property frontages of Longmire Street. The minimum width for Type III landscaping shall be six feet to provide adequate rooting area for large street trees and to provide adequate streetscape. The conceptual landscape plan does meet the Type III landscaping requirements. Type IV landscaping is intended to provide visual relief and shade in parking areas. Type V landscaping to provide visual relief in stormwater retention/detention areas with vegetation that is suitable and will thrive in hydric soils. Chapter 17.80 YMC requires that at time of civil plan review and approval the applicant provide the Community Development Department a detailed final landscape and irrigation plan for approval. Section 17.80.090 (F) YMC states that the owner/developer of any project requiring site plan review approval, subdivision approval, or short subdivision approval shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the tenant or homeowners’ association becomes responsible for landscaping maintenance. The performance assurance device shall be 150 percent of the anticipated cost to maintain the landscaping for three years. Critical Areas All of Yelm is considered a critical aquifer recharge area, and existing development regulations address the potential impacts to this critical area. The primary regulation for protecting the aquifer is the requirement for collection, treatment, and infiltration of stormwater from a project site. Yelm’s critical areas maps indicate that the property is located outside of wetlands and flood zones, and high groundwater areas. Staff Recommendation Section 16.12.170 YMC requires written findings prior to a decision on a preliminary Binding Site Plan. The applicant has established that the Binding Site Plan if conditioned, adequately provides for the public health, safety and general welfare and for such open spaces, drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation, schools, and sidewalks. The multi-family development, if conditioned as recommended in this report, is in conformance with the Yelm-Thurston County Joint Comprehensive Plan, the City of Yelm Zoning Code, the City of Yelm Subdivision Code, the Shoreline Management Act and the Thurston County Shoreline Master Program, and the City of Yelm Development Guidelines. The Hearing Examiner should approve the preliminary Binding Site Plan with the following conditions: The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. Each dwelling within the multi-family development shall connect to the City S.T.E.P sewer system. There is an existing sewer main located in Longmire Street. This line was installed by the developer of the Tahoma Terra subdivision located to the west of the subject parcel. The sewer latecomer fee associated with this parcel is in the amount of $3,793.81 pursuant to the latecomers agreement created by the developer of the Tahoma Terra subdivision and must be paid prior to final Binding Site Plan approval. The connection fee and inspection fee will be established at the time of building permit issuance. Each dwelling unit with the Multi-family development shall connect to the City water system and provide internal service to lots and hydrants. There is an existing water main located on Longmire Street which extends into the subject parcel. This line was installed by the developer of Tahoma Terra a residential subdivision located to the west of the subject parcel. The water latecomer fee associated with this parcel is in the amount of $5,893.00 pursuant to the latecomers agreement created by the developer of the Tahoma Terra subdivision and must be paid prior to final Binding Site Plan approval. The connection fee and meter fee will be established at the time of building permit issuance. All conditions for cross connection control shall be met, as required in Section 246-290-490 WAC. The proponent shall mitigate transportation impacts based on the new residential P.M. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on .60 new peak hour trips per residential unit. A TFC of $757.50 per dwelling unit is due and payable at time of building permit issuance. Credit should be given for the existing dwelling unit to be removed. Frontage improvements are required on Longmire Street, and shall be improved to city standards for a Neighborhood Collector Street. Pursuant to the requirements of Chapter 15.40 YMC, the following requirements must be met for concurrency purposes: The builder of any structure within the subdivision shall pay a fire protection impact fee pursuant to Section 15.40.020(B)(6) YMC. The impact fee for 2006 is $0.216 per square foot of new development, and is payable at building permit issuance (fee subject to change). Olympic Regional Clean Air Association (ORCAA) Permit is required for demolition of the existing building. The proponent shall provide at least 10 percent of total acreage as qualified open space. The City will accept a fee in lieu of the 1,688 square feet of undedicated open space that is required. The fee amount will be in the amount of $1,299.76 based on a fee charge of $.77 cents per square foot. The civil engineering plans shall include plans for the collection, treatment, and infiltration of stormwater in accordance with the 1992 DOE Stormwater Manual, as adopted by the City of Yelm. Best Management Practices (BMP’s) are required during construction. A 10-foot setback from all property lines and easements are required for stormwater facilities. The final stormwater plan shall include an operation and maintenance plan. The stormwater system shall be held in common by the Homeowners Association and the Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. Street lighting is required. The Applicant shall contact Intolight to provide a lighting design plan for review and approval. Prior to the approval of civil engineering plans, the applicant will provide the Community Development Department an addressing map for approval. Prior to the submission of final application, a Binding Site Plan name must be reserved with the Thurston County Auditor’s Office. The civil engineering plans shall include a landscaping plan that is consistent with the conceptual landscaping plan but that identifies type II landscaping along the Longmire Street perimeter of the site. Landscaping appropriate to a neighborhood park shall be required in the open space. The landscaping plans shall include details for irrigation of all planting strips and required landscaping located in any open space tract and along Longmire Street. Irrigation plans shall include a separate water meter and approved backflow prevention devices. The applicant shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the homeowners’ association becomes responsible for landscaping maintenance. The performance assurance device shall be 150 percent of the anticipated cost to maintain the landscaping for three years. The refuse container location as displayed on the conceptual site plan meets the City of Yelm requirements for screening and shall be approved by LeMay Inc. prior to submittal and plan approval. Screening shall be at least as high as the refuse container, and shall in no case be less than six feet high. Prior to construction, civil engineering plans shall be submitted to the Community Development Department for review and approval. Civil plans submission shall be consistent with the requirements of the Yelm Development Guidelines and shall include details on all required infrastructure. The civil engineering plans shall include a fire hydrant plan consistent with the Yelm Development Regulations which includes the proposed location of all hydrants and service lines and fire flow calculations for all existing and proposed hydrants. The applicant shall be responsible for the fee for hydrant locks on all fire hydrants required and installed as part of development. The applicant shall coordinate with the Yelm Public Works Department to purchase required hydrant locks. Based on the Analysis and Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-05-0657-YL.