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Hearing Examiner Staff Report Case Number: SUB-04-0175-YL Applicant: Freestone DFF Yelm II LLC, Scott Griffin Agent: Parametrix Request: Subdivide 17.45 acres into 50 single family residential lots. Recommendation: Approval with conditions Exhibit I: Site plan dated March 7, 2005 Exhibit II: Notice of Application & Comment Letters Exhibit III: Mitigated Determination of Non-Significance & Comment Letters Exhibit IV: Public Hearing Notice Proposal The applicant is proposing to subdivide approximately 17.45 acres into 50 single-family residential lots. The property is zoned R-6 Medium Density Residential, which allows up to 6 dwelling units per acre. The property was originally two parcels of land approximately 8 ½ acres and 10 acres in area, the larger of which was occupied by a single family dwelling. A boundary line adjustment in January 2005 changed the parcel configurations, leaving the house on a small parcel and the 17.45 acre parcel proposed for this subdivision application. Property Characteristics The property is located on Middle Road. The property is identified by Assessor’s Tax Parcel Number 64303600700. The subject property is bound on the northwest and across the street to the northeast by a residential subdivision, to the south by Yelm Creek and residential use properties, and to the southeast the Fort Stevens School property. 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 January 24, 2005. Notice of the date and time of the public hearing before the Hearing Examiner was posted on the project site, mailed to the owners of property within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on May 23, 2005. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on May 27, 2005 . 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 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. 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. 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 March 21, 2005. 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 was issued with the following conditions: The developer 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. The proponent will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building permit. Prior to final subdivision approval, the developer shall complete the following transportation improvements: The South half of Middle Road shall be improved to City Standards for a Neighborhood Collector from the Northwest property line to the Southeast property line, including the road frontage for the lot with the existing single family residence. Additional right-of-way may be required for frontage improvements. The developer shall construct internal streets to City Standards for Local Access Residential. The developer shall provide for the continuation of streets, by connecting internal streets to the residential subdivision to the west. The existing single family home may retain one driveway entrance on Middle Road, with a recorded agreement between the property owner, developer, and City that the driveway entrance be relocated to the new plat internal street no later than 6 years from the date of recording. The agreement shall provide for driveway removal from Middle Road and restoration to City standards. The developer shall protect the Flood Hazard Zone area, by assuring that encroachments shall not result in any increase of flood levels. The flood hazard zone area, and the Shoreline jurisdiction area shall be dedicated as open space. Protective fencing shall be installed at the flood zone area during all construction. Temporary erosion control systems to be approved by the City of Yelm. The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. Lots Size and Setbacks The Yelm Zoning Code does not establish minimum or maximum lot sizes, although it does require standard yard setbacks of 15 feet from the front property line adjacent to local access road with a minimum 20 foot driveway approach, 5 feet from side property lines with a minimum of 12 feet between the two side yards, and 25 feet from the rear property line. The setback for a flanking yard is 15 feet from the property line. For traffic safety and clear sight distance, driveway locations on corner lots should be specified through the subdivision process and should become a condition of final subdivision approval. The lots within the proposed preliminary subdivision appear to contain sufficient area to meet setback and lot coverage requirements, if conditioned as recommended. Adjacent Land Uses and Zoning The property is bordered to the northwest and across the street to the northeast by a residential subdivision, to the south by Yelm Creek and residential use properties, and to the southeast a residential home on acreage. The plat as conditioned 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 five percent of the gross area of a new subdivision be dedicated as usable open space. Appropriate uses of dedicated open space include: Environmental interpretation or education Parks, recreation lands, or athletic fields Footpaths or bicycle trails No more than five percent of any dedicated open spaces may be impermeable surfaces and open space must be sited so as to be suitable for its intended purpose and at least 75% of the open space must be assessable to either the general public or all residents of the associated development. Open space shall be dedicated at the time of final subdivision approval. The property is bordered to the south by Yelm Creek and its associated wetlands and flood plain. The applicant is proposing to dedicate the shoreline jurisdiction area and flood zone area as required open space. Preserving the shoreline and flood zone will protect this area, as well as meet the open space requirement. 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 project’s impact. This request for a mitigation agreement between the applicant and the school district became a condition of the Mitigated Determination of Non-significance issued pursuant to the State Environmental Policy Act. 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. Middle Road is identified as a Neighborhood Collector Street, which requires a 16 foot travel lane, vertical curb, a 7-foot planter strip with street trees 35 feet on center and “No Parking” signs, a 5 foot sidewalk, and street lighting. SEPA Rules indicate a project is not categorically exempt from threshold determination requirements if it is a segment of a proposal that includes a series of actions, physically or functionally related to each other, some of which are categorically exempt and some of which are not [WAC 197-11-305 (1)]. The small parcel created by the boundary line adjustment should be included in the frontage improvements for this project. Streets within the subdivision will be constructed to the local access standard and dedicated to the City upon final subdivision approval. A local access street includes two 11 foot travel lanes, two 7 foot parking lanes, a concrete rolled edge curb and gutter, a 6 foot planter strip with street trees 35 feet on center, a 5 foot sidewalk on one side of the street, and street lighting. Chapter 16.16.090 YMC requires that the layout of new subdivisions provide for the continuation of streets existing in adjoining subdivisions and to provide for the continuation of new streets within the subdivision to adjacent properties that have not been subdivided. The plat, as proposed, meets this standard by connection to the residential subdivision to the west where a future street provision is in place. The completed project will increase traffic and impact the City’s transportation system. Chapter 15.40, Concurrency Management, requires all development to mitigate impacts to the City transportation system. A single family home generates 1.01 p.m. peak hour trips per unit. The Transportation Facility Charge per unit is $757.50 and payable at time of building permit issuance. Parking Chapter 17.72 YMC requires minimum parking ratio of two spaces per dwelling unit, which is typically met in subdivisions within a standard driveway. On-street parking is allowed on both sides of local access residential streets Water System The City’s Water Comprehensive Plan identifies the property as being within the water service area and the property is currently served by City water. The current fee to connect to the City water system is $1,500.00 per Equivalent Residential Unit (each ERU equals 900 cubic feet of water consumption per month). There is an existing water main located on Middle Road. Yelm Property Development installed this waterline for the Willow Glenn Phase I & II subdivisions, and created a latecomer agreement for these parcels. The proposed subdivision 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. Any existing well(s) on the property must be decommissioned per Department of Ecology standards and any water rights associated with these wells shall be dedicated 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, 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 subdivision. 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 the new homeland security measures as a result of 9/11. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area. The current fee to connect to the City sewer system is $5,417.00 per Equivalent Residential Unit (each ERU equals 900 cubic feet of water consumption per month). Any existing on-site sewage disposal system(s) shall be abandoned per Thurston County Health Department standards. There is an existing sewer main located on Middle Road. Yelm Property Development installed this sewerline for the Willow Glenn Phase I & II subdivisions, and created a latecomer agreement for these parcels. 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 the stormwater. The Community Development Department has reviewed this report and find that stormwater from the site can be managed appropriately through the conceptual plan. This site is known to have high ground water which does fluctuate with the season. All infiltration facilities should meet the requirement of 3 feet of vertical separation from the known high ground water and shall be located outside the flood plain area. Lot numbers 42 – 50 appear to have a large grade difference from the proposed street. To assure that home foundations are outside of high ground water areas, structural fill is required. 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. Subdivision Name and Addressing A subdivision name must be reserved with the Thurston County Auditor’s Office prior to submitting for final subdivision approval. Addressing and street naming within the subdivision will be assigned by the Community Development Department prior to application for final subdivision 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. 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. Landscaping is required in open space and above ground stormwater facilities. 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. Staff Recommendation Section 16.12.170 YMC requires written findings prior to a decision on a preliminary subdivision. The applicant has established that the proposed subdivision, 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. That the public use and interest will be served by the subdivision of the property, if conditioned. The subdivision, if conditioned, 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 subdivision with the following conditions: Those corner lots specified below shall place driveways and fronts of houses as follows: Lot 1 – Driveway faces Road B, house fronts Road B. Lot 9 – Driveway faces Road B, house fronts Road B. Lot 12 – Driveway faces Road A, house fronts Road A. Lot 27 – Driveway faces Road A, house fronts Road A. Lot 28 – Driveway faces Road B Cul-de-sac , house fronts Road B Cul-de-sac. The applicant shall provide specific fencing restrictions for lot 28 in the Covenants and Restrictions for the Homeowners Association, and on the face of the final plat, to provide for adequate sight distance. The South half of Middle Road shall be improved to City Standards for a Neighborhood Collector from the northwest property line to the Southeast property line, including the road frontage for the lot with the existing single family residence, created by BLA-04-0099-YL. Additional right-of-way may be required for frontage improvements. Internal streets within the subdivision will be constructed per Yelm Development Guidelines for “Local Access Residential”. Internal Road B shall connect to the subdivision in construction to the West. Applicant shall insure that road elevations are met prior to civil plan submittal. Internal Road C shall meet City of Yelm cul-de-sac design requirements. The design of the entrance to Road A into the plat shall provide for a minimum 35-foot radius, and may require additional right of way. The applicant shall mitigate transportation impacts based on the new peak P.M. trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak P.M. trips per single family dwelling, payable at time of building permit issuance. The applicant shall protect the Flood Hazard Zone area, by assuring that encroachments shall not result in any increase of flood levels. The flood hazard zone area, and the Shoreline jurisdiction area shall be dedicated as open space. Protective fencing shall be installed at the flood zone area during all construction. Tract D, the shoreline jurisdiction area shall be dedicated to the City of Yelm. An easement through Tract A to allow the City of Yelm access to the shoreline area Tract D shall be created and recorded on the face of the plat. The applicant shall provide pedestrian access to the dedicated open space. Each dwelling unit with the subdivision shall connect to the City water system. The connection fee and meter fee will be established at the time of building permit issuance. All conditions for cross connection control as required in Section 246-290-490 WAC. The applicant shall pay the latecomer fee associated with the water line at the time of connection. All planting strips and required landscaping not located within 75’ of a hose spigot shall be served by an irrigation system with a separate water meter and an approved backflow prevention device. The applicant shall submit a final landscape and irrigation plan at the time of civil plan submission. Each dwelling within the subdivision shall connect to the City S.T.E.P. sewer system. The connection fee and inspection fee will be established at the time of building permit issuance. The applicant shall pay the latecomer fee associated with the existing sewer line at the time of connection. The applicant shall design and construct all stormwater facilities 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 applicant shall prepare a final stormwater plan to meet high ground water issues. The plan shall be submitted with civil engineering plans and shall include an operation and maintenance plan. Within building setback areas for Lots 42 – 50, all fill material shall be structural fill as per IBC/IRC R401.2. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 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. 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 be responsible for the installation of 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 and install required hydrant locks. Hydrant lock details shall be included in Civil Plan Submission. Street lighting and interior street lighting will be required. Civil plan submittal shall include a lighting design plan for review and approval. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing map for approval. The applicant shall comply with the mitigation requirements of the MDNS issued on March 21, 2005. The applicant shall submit a final landscaping and irrigation plan with the civil engineering plans to include the perimeter of the project site, planter strips, and stormwater facilities. 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. Based on the Analysis and Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-04-0175-YL.