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Hearing Examiner Staff Report City of Yelm 105 Yelm Avenue West P.O. Box 947 Yelm, WA 98597 (360) 458-3244   To: Stephen Causseaux, Jr., Hearing Examiner From: Tami Merriman, Assistant Planner Date: March 10, 2004 Subject: Christensen’s Furniture Project, Shoreline Substantial Development Permit and Site Plan Review, SHO-03-8357-YL, and SPR-03-8356-YL List of Exhibits: Exhibit I Site Plan Exhibit II Notice of Application Exhibit III Mitigated Determination of Non-Significance and Comments Exhibit IV Public Hearing Notice 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 Background: The applicant has applied for a Shoreline Substantial Development permit, and Site Plan Review to construct an 11,000 sq. ft. retail building, associated parking, and stormwater treatment facilities. The applicant is preparing for future development on the site, which may include additional retail facilities and their associated parking facilities. The project lies within 200-feet of Yelm Creek, a shoreline of the state. Notice of application for this project was mailed to interested parties, and property owners within 300 feet of the site on December 31, 2003. The City performed an environmental review, and issued a Mitigated Determination of Nonsignificance on February 9, 2004, with a comment deadline on February 24, 2004, and appeal deadline of March 2, 2004. Notice of the public hearing was posted on site, and mailed to interested parties and property owners within 300 feet on March 10, 2004, and published in the Nisqually Valley News on March 12, 2004. The Site Plan Review Committee has considered the application for the above referenced project, and finds that as conditioned below, the proposed project is consistent with the Yelm Comprehensive Plan, the Shoreline Master Program for the Thurston Region, and all applicable City policies and development standards. Development within 200-feet of a shoreline of the state requires issuance of a shoreline substantial development permit, after a public hearing before the City of Yelm Hearing Examiner. The Hearing Examiner shall issue a decision and recommendation for the shoreline substantial development permit. Any person 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 within 10 working days after the written decision of the Hearing Examiner has been rendered. The final decision by the Hearing Examiner may be appealed to the City Council by any aggrieved person or agency of record, oral or written, that disagrees with the decision. Project Proposal: The applicant proposes to construct an 11,000 square foot retail building, parking, internal road, and stormwater retention pond. The applicant is planning for future development of the site, which may include a short subdivision for future commercial development. Project Location: The site is located on the north side of State Route 507, just east of Creek Street. The property is identified by Assessor’s Tax Parcel Numbers 64303400501, and 64303400502. Property Description: The six-acre site is bordered to the east by Yelm Creek, and to the west by Rainier Commons, an approved commercial short plat. Yelm Creek is a Shoreline of the State and the site contains associated wetlands and the FEMA 100-year flood zone. Construction within 200-feet of a Shoreline of the State requires a Shoreline Substantial Development permit. A retail building in the C-1 zone requires Site Plan Review Approval. Zoning: The site is zoned C-1 Commercial, with the City of Yelm Design Guidelines Gateway overlay. Shoreline Environmental Designation: The shoreline designation of the site is Rural. Characteristics of the area: The site and surrounding property is zoned for Commercial Uses. The property to the east is the zoned C-2 Heavy Commercial. The property to the south is outside the City Limits, and zoned Thurston County Arterial Commercial. The property to the west is a commercial short subdivision, with a Chevron Gas Station and Browns Automotive Repair. Environmental Compliance: A SEPA Threshold Determination (MDNS) was made on February 9, 2003, that the proposed project has a mitigable impact on the environment. Conditions placed on this and other required permits will be mitigating conditions. The project must be in compliance with the: The Washington State Shoreline Management Act The Shoreline Master Program for the Thurston Region The City of Yelm Municipal Code, and Development Guidelines The Yelm Creek Flood Hazard Management Plan Other Permits: In addition to this permit, this proposal will require Civil Plan Approval, and a Building Permit. Future development may require a short subdivision, and additional Site Plan Review Approvals. ANALYSIS OF THE SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT Applicable Yelm Municipal Code (YMC) Provisions: YMC 17.03.030 Interpretation and applicaton YMC 14.08 Critical Areas and Resource Lands 17.03.030 Interpretation and application. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Nothing in this title is intended to impair, annul or abrogate any easement, covenant or other agreement between parties, public or private; however, whenever the requirements of this title are at variance with the requirements of any lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the higher standards shall govern; provided further, that within the shorelines of the city, as defined in the Shoreline Management Act, the provisions of the Shoreline Management Act and the applicable sections of the shoreline master program for the Thurston Region shall govern; provided, however, that the substantive regulations of this title shall be applicable where they are more restrictive than those of the Shoreline Management Act or the applicable sections of the shoreline master program for the Thurston Region. YMC 14.08 Critical Areas and Resource Lands Critical Areas A buffer shall be required adjacent to, and outside of all wetlands. Category I Wetlands 100 feet. Category II Wetlands 75 feet Category III Wetlands 50 feet Category IV Wetlands 25 feet The above buffer depths may be reduced to a minimum of 25 feet if, in the judgment of the city planner, the site analysis demonstrates that the land adjacent to the buffer is and will remain extensively vegetated, or is topographically and ecologically remote from the wetland, and that no direct or indirect adverse impact on the wetland is reasonably probable as a result of the buffer reduction. The applicant proposes to keep all construction outside of the 100-year flood plain, which encompasses the wetlands and surrounding area. The applicant will provide an erosion control plan to assure no disturbance to this area. All storm water runoff from development will be treated through an approved stormwater management plan, and not released into the flood zone area. It is the judgment of the City that the wetland area, and surrounding buffer will remain extensively vegetated, and the flood zone area creates an adequate buffer to protect the wetland area. 14.08.160 Frequently Flooded Areas: Development Guidelines. All developments must satisfy the provisions of the National Flood Insurance Program, authorized by the National Flood Insurance Act of 1968, as enacted by the state of Washington in Chapter 86.16 RCW. Chapter 86.16 RCW requires local government to regulate development in flood zone areas. The City has adopted a Flood Damage Prevention Ordinance to regulate development in food zone areas. Section 15.32.030, Methods of reducing flood loses states “In order to accomplish it purposes, this chapter includes methods and provision for: Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities. The applicant is proposing no development, clearing or grading in the flood zone area, and will provide the City an erosion control plan to assure no damage to the flood zone area. Keeping all construction outside of the flood zone area meets and exceeds the criteria for protecting the flood zone area. Yelm Creek Comprehensive Flood Hazard Management Plan (CFHMP): The primary goal of the CFHMP is to identify and evaluate flooding problems in the Yelm Creek corridor and to develop cost-effective alternatives for the mitigation of these problems. Mission Statement: The CFHMP is a systematic process to identify and prioritize areas and property susceptible to flood damages, select alternatives to solve identified flood problems, and implement solutions. Goal: Establish and adopt a systematic and comprehensive approach to flood hazard management. Objective: Maintain consistency with the City of Yelm Comprehensive Plan, the state Growth Management Act, Shoreline Master Plan, and related policy plans, including: Appropriate public services for new developments Adequate stormwater control measures in future development Preservation of natural drainage areas, including floodplains Development codes that reflect policies on stormwater and flood hazard management. Recommended corridor-wide activities for Yelm Creek Action Plan: * Create a continuous vegetated buffer along creek * Remove fences across creek. * Storm water management regulations *Enforce City’s Flood Damage Protection Ordinance *The applicant proposes no construction in the flood zone area of Yelm Creek. This will allow a continuous vegetated buffer along Yelm Creek. The applicant shall provide the City with an access easement to the creek for any creek buffer enhancement, or other creek improvement projects approved by the City. *Any fences or fence debris will be removed from the creek area. This shall be accomplished during the summer months, when water level is low, and creek bed is visible. Removal of any debris shall be completed manually, with no construction vehicles or machinery. *An approved stormwater management plan shall be approved by the City. *The Flood Damage Protection Ordinance is being enforced by no construction allowed in the flood zone area. The CFHMP evaluated several alternatives to address flood hazards. These alternatives include both structural and nonstructural measures. As funding becomes available, the City shall follow the recommendations of the CFHMP and sponsor projects to address flood hazard areas within the City. Access through private property is essential to conduct these alternatives. The applicant shall provide the City an access easement to allow for any flood hazard projects that may be approved on the creek. Applicable Shoreline Master Program for the Thurston Region (Thurston SMP) Thurston SMP IV. Priorities: In accordance with the Shoreline Management Act of 1971, the management of Shorelines of Statewide Significance shall be given preferences to uses, in the following order of priority, which: Recognize and protect the state-wide interest over local interest; Preserve the natural character of the shoreline; Result in long-term over short-term benefit; Protect the resources and ecology of the shoreline; Increase public access to publicly-owned areas of the shorelines; Increase recreational opportunities for the public on the shoreline; Protect life and property from hazards of flood; and Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. 1. Recognize and protect statewide interest over local interest. The proposed project would not be detrimental to public health, safety and welfare. The project construction area is completely outside of the flood zone area associated with the creek. The commercial use of this project will provide revenue to the state as well as locally. 2. Preserve the natural character of the shoreline. The proposal lies completely outside of the associated flood zone of the creek. The MDNS requires the applicant to provide an erosion control plan to protect the flood zone. The creek, associated wetlands, and flood zone will be left undisturbed and in their natural state. The actual buildings, parking, and stormwater retention areas will be located outside of the flood zone. 3. Result in long-term over short-term benefits. The commercial use of the property will provide long-term revenue for both the state and the city. The erosion control plan will assure protection of the creek, wetlands, and flood zone. The applicant will provide an easement to the shoreline area, for any city-sponsored projects that might result in creek and flood protection enhancement. 4. Protect the resources and ecology of the shorelines: The applicant shall provide an erosion control plan to protect the flood zone area during construction. The undisturbed flood zone area effectively protects the creek and it’s associated wetlands. Stormwater treatment provides for treatment of stormwater before it is released back into the ground. 5. Increase public access to publicly owned shoreline areas: The City owns a small tract of land in the center of town that has frontage on Yelm Creek. This tract of land is grassy with a picnic bench. The rest of Yelm Creek, as it passes through the City limits borders on private property. This proposed project does not increase public recreational opportunities on the shorelines in this area. 6. Increase recreational opportunities for the public on the shoreline. At this time, there is no public recreation for this shoreline, other than the park setting described above. It is the goal to leave Yelm Creek in its natural state. 7. Protect life and property from hazards of flood. The project is proposed to be constructed outside of the flood zone area. No fill or grading of any kind will occur in the flood zone area. 8. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. The elements of RCW 90.58.100 have been met. Regional Criteria: Public access to shorelines shall be permitted only in a manner which preserves or enhances the characteristics of the shoreline which existed prior to establishment of public access. The creek meanders along the eastern portion of this property. There is currently no public access, and no public access is proposed. The other criteria listed in this section do not apply to this development. Regional plan elements for the Rural Environment Shoreline: Economic Development Goal: This element deals with the location and design of commercial developments. Available resources should be utilized consistent with the definition and purpose of the Rural environment. New developments in a rural environment are to reflect the character of the surrounding area. This property and surrounding properties are all zoned commercial. The applicant proposes to construct all development outside of the flood zone area, and is not proposing use or access to the creek. The proposal directs all activities on the site to the areas outside of the flood zone, and the majority of development, outside of the Shoreline Jurisdiction area. The creek, associated wetlands, and flood zone areas will be protected during and after development. Public Access Goal: This element is concerned with physical access to publicly owned shores and tidelands. The intent of the goal to recognize and protect private property rights, prevent the destruction of the more fragile recreation areas, and exercise due regard for the safety of the public. The proposed project is not located on a publicly owned shoreline. The applicant proposes to protect the shoreline by keeping all construction and uses outside of the flood zone, which encompasses the associated wetlands and the creek. Circulation Goal: This element is concerned with the location of transportation, movement of people, location of waste disposal systems, and the relationship of these to the shoreline and habitat. The goal in the rural environment is to provide facilities that are necessary for local usage. The proposal keeps all vehicle access outside of the shoreline jurisdiction area. All development will be served by City water and sewer services. The stormwater retention will treat stormwater created on the site before it is released back into the ground. Recreation Goal: This element is concerned with the preservation and expansion of recreational opportunities. The goal in the rural environment is to assure adequate water-related recreational opportunities along the shorelines, in such a way as to minimize conflicts with other rural activities. As this land and the surrounding land is zoned commercial, and the existing shoreline is in a natural and undisturbed state, creating public recreational areas could be detrimental to the creek and its habitat. Shoreline Use Goal: This element considers the pattern of land use on the shorelines. The goal in the rural environment discusses areas for intensive public use, and to avoid intrusions endangering life or property. The proposal is protecting the shoreline by leaving it undisturbed in its natural state. Conservation Goal: The goal is to have sound management in the conservation of all natural resources within the rural environment. The applicant proposes to protect the shoreline by leaving it undisturbed in its natural state. Historical and Cultural Values Goal: The goal of this element shall be to promote, protect and preserve historical, cultural, scientific, or educational values on shorelines where these values are acknowledged. At this time, there are no known historical or cultural values for Yelm Creek, however, protection of the creek in its natural state is provided by this development. Restoration: This goal is to restore to a useful or original condition those areas which are blighted by present uses, discontinued uses and dilapidate or abandoned structures. The creek and its adjacent shorelines have been undisturbed for many years. There are no structure or uses located on the shoreline at this time. Thurston SMP Policies: Commercial Development Policies that apply: New commercial developments on shorelines should be encouraged to locate in those areas with existing commercial uses. Surrounding uses and zoning are commercial. Parking facilities should be placed inland, away from the immediate waters edge. Parking areas located inland from the Shoreline Jurisdiction area. Commercial development should be discouraged within the 100-year flood plain. All development on this site is located outside of the 100-year flood plain. Regulation for Commercial Development in the Rural Environment: The site is designed in a manner to allow substantial numbers of people access to and enjoyment of the shoreline The use does not discourage public enjoyment of the shoreline due to impacts such as traffic, noise, and other emissions. As a sensitive stream and wetland, Yelm Creek does not provide traditional “waterfront” amenities and access opportunities. Structures must be set back fifty (50) feet from the ordinary high water mark. All structures and infrastructure are located more than fifty (50) from the ordinary high water mark. Commercial structures shall not exceed thirty-five (35) feet in height. Structures proposes are less than thirty-five (35) feet in height. ANALYSIS OF SITE PLAN REVIEW APPROVAL Transportation Yelm is a small compact community most directly affected by two state highways, which bisect the community. The highways are used by local residents for transportation throughout the city, and for access to commercial and residential areas throughout the community. In lieu of widening existing streets, the City has elected to create certain alternatives, Y-1, Y-2, Y-3, which will avoid the need to significantly widen existing streets, and particularly Yelm Avenue. New developments do in fact burden the city’s central streets, and unless the alternate routes are accomplished, the City would have to require developers to pay the cost of the internal street widening. The city plans show, and the City finds that adequate facilities will be accomplished better and in a timely fashion by the alternate route facilities as a substitute for the widening of existing facilities. As a result, the City finds that the regional plans in fact benefit projects in all areas of the City and will accomplish the goal of providing adequate facilities to City standards within a reasonable time to serve the demands created by the proposed project. The City has adopted a Transportation Facility Charge (TFC) of $750.00 per pm peak trip. The Ordinance provides a default table that is used to determine new pm trips generated by the proposed use. The applicant has proposed a furniture store, and miscellaneous retail uses yet to be determined. The TFC charges for the furniture store are due and payable at building permit issuance, and are based on square footage. The TFC charges for the miscellaneous retail uses shall be based on the use and square footage, at the time of tenant improvement. The following formula will be used to determine the TFC charge at the time of tenant improvement; New Trip Generation Rate x gross floor area ÷ 1,000 x $750. A furniture store creates .23 new pm peak hour trips per 1,000 sq. ft. The trip generation rate for the other retail will be determined at tenant improvement. Street frontage improvements are required as part of Site Plan Review and approval. The property is located on State Route 507, and a portion of the road frontage falls in the 100-year Flood Zone area. Frontage improvements for SR 507 are classified as “Urban Arterial”. The site is adjacent to Yelm Creek. SR 507 has a bridge over Yelm Creek. It was determined that the frontage improvements for this project shall not include improvements to the SR 507 bridge. The required improvements for the amount of road leading to the bridge that falls in the 100- year flood zone shall be deferred until such time as the SR 507 bridge is required to be improved. Proposed ingress and egress to the site is located on SR 507, and through a connection to 106th Street. 106th Street was not constructed to City standards. The connection to this street shall be reviewed at Civil Plan Review to assure connection requirements. The internal street shall be classified as “Local Access Commercial” Yelm Development Guidelines provides guidance for placement of driveway accesses into commercial developments. The number of access points and their location, sight distance, and traffic flow are of major concern on Yelm Avenue. Water Supply The City’s Water Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas for approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in place - e.g. award of a grant, a binding letter commitment for third party funding, or the successful formation of a local improvement district. Any necessary water rights are considered, only after approved for municipal use by the Washington State Department of Ecology, or appropriate appeals board, and the time for appeal or challenge has expired. There is currently an existing water line located in the right-of-way on SR 507. There is a latecomers agreement recorded for connection to this water line. A latecomers fee is required for connection. A water service line shall be installed in the right-of-way of the new internal street, to serve this building, and future development at the site. The retail building is proposing multiple uses, which will create different water demands. Water connection fees are based on water usage of 240 gallons of water consumption per day. This 240 gallons is referred to as an Equivalent Residential Unit. The City of Yelm is dedicated to providing the best quality water possible to its consumers. Section 246-290-490, Washington Administrative Code, requires that the City take measures to ensure that contamination does not occur as a result of cross contamination. Sewer System The City’s Sewer Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas or approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in place - e.g. award of a grant, a binding letter commitment for third party funding, or the successful formation of a local improvement district. The property has been assessed a total of 4 ERU’s from a Local Improvement District. The hook up fee of $2,694 per an ERU (fee subject to change) is payable at time of building permit issuance. This fee is in addition to the LID assessment of $1,823.15/ERU, which is paid on an annual basis for 15 years. The additional sewer ERU's (equivalent residential units) not related to the LID are based on discharge of 240 gallons per day and are charged at a current rate of $5,269.00/ERU payable at building permit issuance. Storm Water Impervious surfaces create stormwater runoff. Uncontrolled and untreated stormwater runoff can create health and safety hazards. YMC requires all development to comply with the City Stormwater Manual. The manual states that projects creating over 5,000 sq. ft. of impervious surface must control and treat stormwater runoff. Stormwater facilities require continued maintenance to ensure they remain in proper working condition. Parking The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code address parking regulations from many aspects, including, but not limited to; design, number of stalls required, pedestrian pathways, and safety. The requirements of off-street parking and loading facilities and their design shall be regarded as the minimum; however, the owner, developer or operator of the premises for which the parking facilities are intended shall be responsible for providing adequate amounts and arrangement of space for the particular premises even though such space or its arrangement is in excess of the minimum set forth. Yelm Municipal Code Section 17.72.050 Mixed Occupancies states “In the case of two or more uses in the same building, the total requirements for off-street parking facilities shall be the sum of the requirements for the several uses computed separately. The minimum parking requirements for retail establishments is 1 stall per 250 sq. ft. of gross floor area. The total number of parking stalls required for the furniture store, and other retail in the 11,000 sq. ft. building is 44. Yelm Municipal Code Section 17.72.060 Off Street Loading states, “Off-street loading shall be required for all commercial establishments which are engaged in the retailing or wholesaling of merchandise requiring regular delivery such as food retailers, lumber yards, hardware stores and the like.” The number of off street loading spaces required is determined by total gross floor area. The Americans with Disabilities Act (ADA) requires handicap accessible stalls. For parking lots with 26 – 50 stalls, the requirement for ADA stalls is at minimum 2 ADA stalls, with at least one of the stalls Van Accessible. Design Guidelines The City of Yelm has adopted Design Guidelines for projects located in Yelm’s Commercial Zones. These guidelines determine specific requirements for development. These include site planning, pedestrian access, parking, building design and site landscaping. The applicant has submitted plans that reflect these specific requirements, including the layout and location of parking areas, siting service areas, human scale building design, and landscaping. Safe pedestrian access is a main goal in the design guidelines. The applicant must provide for adequate pedestrian access to and throughout the development. Fire Fire protection to the buildings must be provided per the Uniform Fire Code. Requirements for installation of fire hydrants will be determined in civil plan review. The Uniform Building Code (UBC) provides occupancy ratings for different types of uses. The fire coverage for the commercial use must meet UBC requirements. Landscaping Landscaping and screening are necessary to promote safety, to provide screening between compatible land uses, to safeguard privacy and to protect the aesthetic assets of the City. YMC, Chapter 17.80 requires all development to provide on site landscaping. 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. This landscaping is used around the perimeter of a site, and adjacent to buildings. The applicant is proposing a phased development on this site. The Type II landscaping shall be applied to each site as development phases occur. 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. The Type III landscaping shall be applied with road improvements. This includes the interior road. Type IV landscaping is intended to provide visual relief and shade in parking areas. Type V landscaping is required in storm water retention areas, if required. Refuse: The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code provides guidance for refuse storage and screening. RECOMENDATION Staff recommends approval of this Substantial Development and Site Plan Review permit with conditions. The staff recommendation is based on the findings and conclusions contained within this permit application and the following Conditions of Approval: As conditioned below, the project as proposed meets the minimum requirements of the City of Yelm development regulations, and the Shoreline Master Program for the Thurston Region. Conditions of Approval: The applicant shall provide an easement to the City of Yelm for access to Yelm Creek. The applicant shall provide an erosion control plan, approved by the City of Yelm to protect the flood zone area during and after construction. 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. 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. Construction details and improvements to State Route 507 must be reviewed and approved by Washington Department of Transportation. Ingress and egress to the site is located on SR 507, and shall be a limited access to allow vehicles 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. The applicant shall construct an internal road, connecting 106th Street through the development to SR 507. This internal road shall be constructed to “Local Access Commercial” standards, and dedicated to the City as a public street. 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. 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. 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. The applicant shall meet all conditions for cross connection control as required in section 246-290-490 WAC. 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. 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. 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. 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. The applicant shall provide the City with an erosion control plan that protects the flood zone area during and after construction. 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. Off-street loading area must accommodate a vehicle 45 feet in length, 12 feet in width, and 14 feet in height. Parking lot landscaping shall be required per YMC 17.80, Yelm Development Guidelines, and Yelm Design Guidelines. 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. Applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. 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. Type III landscaping shall be required on road improvements to SR 507, and the interior street through the development. Type IV landscaping is required in parking areas. As phased development occurs on the site, appropriate parking lot landscaping shall be required. Type V landscaping is required in stormwater facilities, incorporating on site landscaping concepts. Applicant shall submit landscape plan with civil plan submission. 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 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. No refuse container shall be permitted between a street and the front of a building. Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. Conclusion: The proposed project is consistent with the SMP provisions for allowable activities in areas designated as rural. The use is consistent with the policy of RCW 90.58.020 which states: “the policy of the state is to provide for the management of the shoreline by planning for and fostering all reasonable and appropriate uses”. The policy is designed to insure the development of shorelines in a manner which allows for limited reduction of rights of the public which promoting and enhancing public interest. The policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. The site does not provide public access at this time. As a sensitive stream and wetland, Yelm Creek does not provide traditional “waterfront” amenities and access opportunities. Pursuant to Chapter 15.49, Integrated Project Review Process a project, which is subject to Site Plan Approval is a Type II Permit and can be appealed to the Hearing Examiner. An appeal must be filed within 14 days of the date of this notice. Site Plan Approval is valid for 18 months from the date of this approval. The applicant may request a six-month extension on the approval, if the request is made in writing prior to the expiration date of this approval. If you need additional information or assistance, please call the Community Development Department at (360) 458-3835. Affected property owners may request a change in property tax valuation from the Thurston County Tax Assessor’s Office. Based on the Analysis and Findings, and with the Conditions of Approval above, staff recommends that the Hearing Examiner approve SHO-03-8357-YL and SPR-03-8356-YL. Cc: Grant Beck, Community Development Director Jim Gibson, Development Services Engineer Gary Carlson, Building Official