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Approval City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597   Date: September 14, 2004 Case Number: SHS-04-0118-YL Applicant: Airborne Properties, LLC 7822 Old Hwy 99 SE Olympia, WA 98501 Summary of Request: Short Subdivision of 2.45 acres into 9 residential lots Summary of Decision: Approved, subject to conditions Proposal Airborne Properties, LLC has applied for a Short Subdivision approval in order to subdivide 2.45 acres into 9 residential lots, eight of which are single-family residential, and one lot planned for a duplex. Findings of Fact Short Subdivision A Notice of Application was mailed to local and state agencies and surrounding property owners on August 9, 2004. Section 16.12.110 Yelm Municipal Code allows the Community Development Department to approve a short subdivision when the short plat 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. Property Characteristics The property is located at 10826 Vancil Road, and is identified by assessor tax parcel number 22730140700. The subject property is bound on the north by a multi-family subdivision, and residential subdivisions across Vancil Road to the West. The adjacent property to the south is in Thurston County, and is currently used as pasture land. A single family dwelling on this site was demolished with an approved demolition permit. The property is identified by the Yelm Comprehensive Plan Map as Low Density Residential (R-4), which allows residential development not to exceed 4 units per acre. Chapter 17.12 YMC establishes the allowed uses and the development standards for the Low Density Residential District, as follows: Maximum height of buildings: 35 feet Maximum development coverage: 75 percent of site. Side yard minimum setback: 5 feet with a minimum of 12 feet total Rear yard minimum setback: 25 feet Front yard minimum setback: 15 feet with a minimum 20 foot driveway approach Lots within the proposed short subdivision appear to contain sufficient area to meet setback and lot coverage requirements. The City of Yelm will provide police protection, water service, and sewer service to the development. Fire protection services are provided by The SE Thurston Fire/EMS District (Thurston County Fire Protection District #2). Concurrency Chapter 15.40 YMC requires the reviewing authority to determine that required urban infrastructure is available at the time of development. 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. 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. Concurrency with parks is achieved pursuant to Section 15.40.020(B)(3) when the project meets the requirements of Chapter 14.12 YMC. Concurrency with school infrastructure is achieved 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. Concurrency with transportation infrastructure is achieved pursuant to Section 15.40.020 (5)(c) 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. State Environmental Policy Act Pursuant to Section 197-11-800(6)(a), the approval of a short subdivision or short plat is categorically exempt. Transportation Yelm is a small compact community most directly affected by two state highways, SR 510 and SR 507, which bisect the community. These state routes are used by local residents for transportation throughout the City, and for access to commercial and residential areas throughout the community as well as serving regional traffic. The updated Transportation element of the Yelm Comprehensive Plan identifies a number of improvements designed to avoid the need to significantly widen existing streets, and particularly Yelm Avenue. New development impacts the transportation system in Yelm and, unless the improvements identified in the transportation plan are constructed, the City would need to require developers to pay the cost of internal street widening. The City has adopted a Transportation Facility Charge (TFC) of $750.00 per pm peak trip. The TFC Ordinance provides a default table that is used to determine new peak PM trips generated by a proposed use, which in the case of a single family residence is 1.01 peak PM trips per dwelling unit. The TFC is assessed at the time of building permit issuance. Credit is applied for the single family residence that was in place prior to demolition. The property fronts Vancil Road, which is identified as a ‘neighborhood collector’ street. The standards for a neighborhood collector street include a 16 foot travel lane, vertical curb, a 7 foot planter strip with street trees 35 feet on center, a 5 foot sidewalk, and no-parking signs installed. Chapter 16.16 YMC provides street standards for a residential subdivision. Section 16.16.040 YMC states that each lot within a subdivision shall be served by a street built to applicable city street standards. Section 16.16.050 states that lots within a residential subdivision shall be designed so that lots adjacent to arterial and collector streets are not allowed direct access. An internal street serving the residential lots shall be created to serve the residential lots. The internal street is identified as a ‘local access residential’ street. The standards for a local access residential street include an 11 foot travel lane, a 7.5 foot parking lane, curb and gutter, a 6 foot planter strip with street trees, and a 5 foot sidewalk on one side, and a planter strip with street trees on the opposite side. Street Lighting Adequate street lighting is necessary to provide safety to pedestrians, vehicles, and homeowners. Street lighting is reviewed to assure adequate lighting. Water Supply The City’s Water Comprehensive Plan identifies the property as being within the water service area and the property is not currently served by City water. There is a water line located along the front of the property in Vancil Road. The water line shall be extended into the development to serve the dwelling units. The current fee to connect to the City water system is $1,500.00 per Equivalent Residential Unit (each ERU equals 240 gallons of water consumption per day). Each dwelling unit will require one ERU connection. There is an existing well on site that shall be abandoned per Department of Ecology standards. Any water rights associated with the existing well shall be deeded to the City of Yelm. The City of Yelm is dedicated to providing the best quality water possible to its consumers. Section 246-290-490, Washington Administrative Code (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. Any irrigation system installed will need to have a back flow prevention device between the irrigation system and the city owned water meter. This also includes any private irrigation systems that may be located on each home lot. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area. There is a sewer line located along the front of the property in Vancil Road. Yelm’s Comprehensive Plan and Joint Plan with Thurston County addresses public facilities and utilities in Chapter V, which states at Section V.3.d that the City considers a septic system a temporary system within the urban area and incompatible with long-term urban densities. Development standards shall be developed to identify the timing and nature of funding and conversion obligations for septic systems in the urban area. Groundwater monitoring is appropriate in areas under septic tank management. Most of Yelm is in an area of extreme aquifer sensitivity. The current sewage treatment plant was required due to groundwater pollution concerns. For this reason, development at urban levels of density on septic tanks is not in the public interest. The City’s Development regulations implements the Comprehensive Plan at Section 7A.020 state that it shall be unlawful to construct or maintain any privy, privy vault, cesspool, or other facility intended or used for the disposal of sewage and to install or use any onsite soil absorption systems in such cases where the City’s sewer collection system is available for service as provided herein. The sewer collection system shall be deemed available when the premises are within 200 feet of the City’s collection lines. These policies and regulations have been codified at Section 13.08.020 (A) Yelm Municipal Code, which states that it is unlawful for any person to place, deposit or permit to be placed or deposited, any human or animal excrement, sanitary sewage or other objectionable waste, by any natural or nonnatural means in any manner, upon property of the city or private property within the city sewer boundaries, or in any area under the jurisdiction of the city, except through the city’s sewage collection system or through an approved on-site system as provided in this chapter. The current fee to connect to the City sewer system is $5,269.00 per Equivalent Residential Unit (each ERU equals 240 gallons of water consumption per day). The sewer line shall be extended into the development to serve the dwelling units. The septic system that served the demolished residence was abandoned at the time of demolition. Stormwater 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 when over 5,000 square feet of impervious surface is created. The completed road frontage and interior street will increase impervious surfaces. The applicant has submitted a Preliminary Stormwater Report that estimates the impervious surface, infiltration rates of the runoff, and a conceptual design for treatment and storage of the stormwater. Stormwater facilities require continued maintenance to ensure they remain in proper working condition. It is the City’s policy that roof top drainage be treated with individual drywells. 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. The minimum parking requirements for a residential dwelling unit is two (2) stalls for each unit. Garage and driveway areas apply. Fire Fire protection to the buildings must be provided per the International Fire Code. The specific requirements for installation of additional fire hydrants and fire lanes will be determined during civil plan review. Schools: New residential units create a demand for additional school services and facilities. The Yelm School District requests that the applicant enter into an agreement with the School District for the payment of mitigation fees based on the projects impact. Open Space Each residential subdivision shall provide a minimum of 5% of the gross area dedicated as open space. Chapter 14.12 YMC lists criteria for open space qualifications. These include; environmental interpretation or other education, Park, recreational land or athletic fields, off-road footpaths or bicycle trails, or other uses found by the City to further the purpose of the chapter. 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. The site is adjacent to properties that are compatibly zoned. Chapter 17.80 YMC requires that the perimeter of the site be landscaped with a Type II landscaping. In residential subdivisions the city allows fencing to meet the landscaping requirement for the perimeter of the site. Landscape requirements shall be installed and approved prior to application for final plat. Type III landscaping is intended to provide visual relief where clear sight is desired. This landscaping is utilized along pedestrian corridors and walks for separation of pedestrians from streets and parking areas. Type V landscaping is required in storm water retention areas, if required. 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. Conclusions of Law The Community Development Department has the authority to consider and decide the issues presented by this request. Section 16.12.170 YMC requires written findings prior to a decision on a preliminary plat. Based on the project as proposed by the applicant, and the conditions of approval as stated below, the Community Development Department finds that the subdivision: 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; That the public use and interest will be served by the subdivision of the property, if conditioned as proposed; The subdivision, if conditioned as proposed, 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. C. The Subdivision should be approved with the followoing Conditions of Approval: The applicant shall designate on the face of the final plat map, the specific lot to be developed with a duplex. Frontage improvements to Vancil Road shall be constructed per Yelm Development Guidelines “Neighborhood Collector”. The applicant shall dedicate sufficient right-of-way required for frontage improvements, and provide an easement for utilities. Internal streets within the subdivision will be constructed per Yelm Development Guidelines for “Local Access Residential”. The applicant shall dedicate sufficient right-of-way required for these improvements, and provide an easement for utilities. The applicant 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 1.01 new peak hour trips per residential unit. Credit for the existing dwelling shall be given. The applicant will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building permit issuance. Street lighting is required. A lighting design plan shall be submitted to the Community Development Department for review and approval as part of Civil Plan submission. The applicant shall connect to the City’s water system. Water connection fees are charged at the current rate of $1,500 per connection, (fee subject to change) payable at building permit issuance. The applicant shall meet all conditions for cross connection control as required in Section 246-290-490 WAC. All planting strips and required landscaping not located within 75’ of a hose spigot shall have an irrigation system with a separate water meter(s). The applicant shall submit a final landscape and irrigation plan with civil plan submission. The applicant shall connect to the City’s S.T.E.P. System. Sewer connection fees are charged at the current rate of $5,269.00 per connection (fee subject to change) payable at building permit issuance. All connections require an inspection, with a fee of $145.00 per connection, also payable at building permit issuance. The applicant shall design and construct all stormwater facilities in accordance with the DOE Stormwater Manual, as adopted by the City of Yelm. Best Management Practices (BMP’s) are required during construction. The applicant shall submit a stormwater operation and maintenance plan to the Community Development Department for approval prior to final plat approval. The stormwater system shall be held in common by the Homeowners Association. 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. Infiltration shall be accomplished utilizing individual drywells. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans prior to final subdivision approval. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. The applicant shall enter into a mitigation agreement with Yelm Community Schools. The applicant shall provide open space meeting the requirements of Chapter 14.12 YMC. The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, storm water retention areas, planter strips, required open space and its improvements. The applicant 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. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing plat map for approval. Decision The request for preliminary short subdivision approval is hereby granted subject to the conditions contained in the conclusions above. APPROVED this 14th day of September, 2004. Grant Beck, Director of Community Development Site Plan Review Committee City of Yelm Appeal Site Plan Approval is a Type II Administrative land use approval. An appeal of this decision can be filed within 14 days from the date of this approval, pursuant to YMC, Chapter 15.49, Integrated Project Review Process. Any appeal must be in writing, contain specific factual objections, and include the appeal fee of $50.00.