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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: February 17, 2004 Subject: Yelm Terra Subdivision, SUB-03-8353-YL List of Exhibits: Exhibit I Site Plan Exhibit II Notice of Application and Comments Exhibit III Mitigated Determination of Non-Significance and Comments Exhibit IV Public Hearing Notice Applicant: Yelm Terra LLC 4200 6th Ave. SE Suite 301 Lacey, WA 98503 Agent: SCA Consulting Group P.O. Box 3485 Lacey, WA 98509 Proposal: The applicant is proposing to subdivide approximately 24.25 acres into 97 single-family residential lots. The property is zoned R-4 Low Density Residential, which allows up to 4 dwelling units per acre. The site currently has an existing residence that will be demolished. Location: The property is located on the north side of 105th Ave., SE, between Clark Road and Mill Road. The property is identified by Assessor’s Tax Parcel Numbers 22730210500, 22730210600, 22730210700, and 22730210800. Description of Property: The subject property is a rectangular parcel of land approximately 24.25 acres in area. The land has a grove of old fir trees located near the center, and the parcel was mainly pastureland. The City of Yelm has a waterline easement that runs northerly through the center of the property. The applicant is proposing pedestrian pathways along this easement, which protects the waterlines and qualifies as a portion of open space requirements. Notice of Application, SEPA, 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 October 22, 2003. Public Notice of the date and time of the Public Hearing was posted on the project site, mailed to property owners within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on February 13, 2004 and advertised in the local newspaper on February 20, 2004. The City has performed an environmental review, including review of a transportation analysis, and issued a Mitigated Determination of Nonsignificance on December 26, 2003, with a comment deadline of January 9, 2004, and an appeal deadline of January 16, 2004. SEPA Appeal: An Appeal of the SEPA Determination was filed with the City on January 14, 2004. The appeal hearing is scheduled for March 1, 2004. The City of Yelm Staff Report for the appeal is a separate document. Staff Analysis and Recommended Conditions of Approval 1. Lots Size and Setbacks: Finding - The R-4 zoning district does not have a minimum or maximum lot size, 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 on a flanking yard is 15 feet from the property line. The maximum building coverage allowed is 50% and the maximum development coverage is 75% of the lot. Lot numbers 31 and 32 do not appear to have sufficient room for building setbacks. The applicant should either combine the lots to provide adequate building footprint, or show construction plans for a residence that can meet the setback requirements. For traffic safety, and sight distance, driveway locations on corner lots should have specific locations. Conclusion - The lots within the proposed preliminary subdivision appear to contain sufficient area for subsequent development to meet setback and lot coverage requirements, with the exception of lots 31 and 32. 2. Adjacent Land Uses and Zoning: Finding – The properties directly to the north are residential. The northwest side is developed as a residential subdivision, and the northeast side is in Thurston County, with a Rural Residential 1/5 zoning. The property directly to the west is zoned R-4 Residential, and is developed with a duplex and shop. The property to the east is Thurston County Rural Residential 1/5. The properties to the south are residential, with the southwestern portion zoned City of Yelm R-4, and the southeastern portion Thurston County Rural Residential 1/5. Conclusion: - The plat as conditioned meets City of Yelm development requirements, and is a compatible use with surrounding properties. 3. Open Space: Finding - 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)]. Finding - The Yelm Comprehensive Plan states that adequate recreation and park facilities should be developed and improved to provide a broad range of recreational facilities which meet the needs of the Yelm community [Section VII.C.3.a.ii Yelm Comprehensive Plan]. The plan further establishes a level of service for neighborhood and community park and recreation facilities of five acres of land per 1,000 population. Finding - 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 be dedicated as open space or pay a fee in-lieu-of providing the open space on site. The fee in-lieu-of may be applied when there are park facilities near the development. Chapter 14 YMC also lists attributes for qualification of open space. Stormwater retention and detention areas do not qualify as open space. The signage areas proposed at the entrances of this plat also does not meet open space qualifications. The applicant states that 2.6 acres of open space is being provided, however it appears that the areas that qualify as open is significantly less. The required amount of open space for this development is 52,817 square feet, or 1.21 acres. Finding – Cochrane Park, a City owned park is located near the northwest of this site on Mill Road, with pedestrian access located on Parkview Loop, the development directly north of this site. Conclusion – It appears that the applicant has proposed less than the required 5% of qualified open space. With the City of Yelm Cochrane Park located near this proposal, the amount of open space requirement not met with this proposal shall be met with the fee in-lieu-of. 4. Schools: Finding - New residential units create a demand for additional school services and facilities. The Yelm School District requests that the developer enter into an agreement with the school district for the payment of mitigation fees based on the project’s impact. Conclusion - This request for a mitigation agreement between the developer and the school district became a mitigation measure of the Environmental Determination. 5. Transportation and Site Access: Finding - The property fronts on 105th Ave. SE. The existing residence on the site has access from a private road leading from 3rd Street in the City limits through property located outside the City limits. The residence is proposed to be demolished, and the private access closed. The subdivision proposes two access points on 105th Ave. SE, with a street connection to 3rd Street. Finding - Yelm Municipal Code, Chapter 16.16.090 states; “The layout of streets shall provide for continuation of streets existing in adjoining subdivisions. When adjoining property is not subdivided, streets in the proposed plat shall provide access to such unplatted property in accordance with the Yelm Transportation Plan.” The plat, as proposed, meets this standard by a road connecting to 3rd Street, through the subdivision to the North. Finding - The Yelm Transportation Plan states; “The City of Yelm recognizes that increasing connections throughout the City not only reduces traffic congestion, but also increases the sense of unity of the community. Therefore, the City will limit the use of cul-de-sacs, dead-end streets, loops, and other designs that form barriers. The City will seek to minimize impacts of through traffic upon residential neighborhoods by employing narrow streets, curves, indirect access routes, and other features.” Finding: - Section 16.16.120 YMC states that no street shall extend for a distance greater than 660-feet without including a provision for at least one intersection. Road B on the proposal is slightly longer than 660-feet. To minimize impact of traffic in the residential neighborhood, and to provide for pedestrian safety, “bulb-outs” in the internal streets, connecting the pedestrian pathways through the development will be required. Finding - 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. Finding - Transportation Engineering NorthWest, LLC prepared a traffic impact analysis, which analyzed the traffic impacts of the proposed development. The analysis found that the project would generate 928 vehicles per day of average weekday traffic, with a PM peak of 98 vehicles per hour. Finding - The City of Yelm Development Guidelines require all new developments, including subdivisions, improve street frontages to current standards. 105th Ave. SE is a neighborhood collector, which requires a 16-foot drive lane, vertical curb, a 7-foot planter strip with street trees 35 feet on center, and a 5-foot sidewalk. Street lighting shall be as required by the City Engineer. Finding – 105th Ave. SE, as it heads west tapers to a one-lane paved private access road, which over time has been used by local residents to access Mill Road. Yelm Development Guidelines Section 4B.070(B) states that private streets are not allowed when the street is connected to two public streets. Conclusion – The conditions of the Mitigated Determination of Nonsignificance mitigates the impacts to traffic safety attributable to the addition of the projects traffic into the City transportation system. 6. Parking: Finding - Chapter 17.72, Off-Street Parking and Loading, requires minimum parking ratio of two spaces per dwelling unit. Conclusion - The lots within the proposed subdivision allows sufficient area for 2 parking spaces while meeting the maximum lot coverage of 75%. 7. Water: Finding - 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 pace - e.g. award of a grant, a binding letter commitment for third parting 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. Finding - There is an existing watermain on 105th Ave. SE. The watermain extends along a portion of the frontage of this property. Finding – There are two existing waterlines that bisect this property within an existing easement. The applicant has proposed walking paths in the area of this easement, which provides protection of the waterline, as well as meets a portion of the open space requirements. One of the lines, at the northern edge of the site, makes a “jog” to 3rd Street. This line, where it meets with the new internal road to the north shall be relocated in the right-of-way area within the new internal road, with a new connection to the line on 3rd Street. 8. Wastewater: Finding - 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 pace - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Finding – The City’s wastewater treatment facility has capacity for this proposal. The compressive sewer plan has established individual sewer basins within the service area. This project is located within 3 different sewer basins. The applicant is required to show the distribution of sewer into the sewer basins, to provide a result acceptable to the City. Conclusion - City sewer service is available to the site. Sewer basin distribution shall be determined during civil plan review. 9. Drainage/Stormwater: Finding - The completed project will increase impervious surfaces on the site and adjacent streets. Impervious surfaces create storm water runoff. Uncontrolled and untreated storm water runoff can create health and safety hazards. The City of Yelm requires all development to comply with the Stormwater Manual for the control and treatment of stormwater runoff. Finding - 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. Following preliminary plat approval the City Stormwater Manual requires the developer to submit a final plan consistent with the final impervious calculations for the site. Finding - Stormwater facilities require continued maintenance to ensure they remain in proper working condition. 10. Fire Protection: Finding - Fire protection is provided by the Thurston County Fire District #2. As development occurs there will be additional demands for fire service. 11. Street Lighting: Finding - Adequate street lighting is necessary to provide safety to pedestrians, vehicles, and homeowners. Street lighting is reviewed to assure adequate lighting. 12. Subdivision Name and Addressing: Finding - The proposed plat name of Yelm Terra has been reserved with Thurston County. Addressing is approved by the Community Development Department. 13. State Environmental Policy Act: Finding - The applicant submitted a completed environmental checklist, including a traffic analysis with preliminary subdivision application. Conclusion - The City performed an environmental review and issued a Mitigated Determination of Nonsignificance on December 26, 2003. 14. Landscaping: Finding - 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. Chapter 17.80, Landscaping, requires the applicant to provide on-site landscaping for all development proposals. Finding - The site is adjacent to properties that are compatibly zoned. Chapter 17.80 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. Finding - Landscaping is required in open space and above ground stormwater facilities. All landscape requirements for right of way areas along collector streets and open space areas require irrigation. All areas of landscaping that are not within 75-feet of a hose bib require irrigation. Finding – Section 14.16.110 YMC provides for the preservation of trees on private property with new development and requires that existing trees not be removed until a final decision is made regarding the feasibility of preserving existing trees. The existing trees on this property are a group of large Douglas Fir. The trees located in the area of proposed stormwater treatment areas are in danger of future tree failure with grading near the base of the trees. Existing trees to remain, that are located in areas of qualified open space, shall be protected during development with protective fencing at the drip line. All machinery shall be kept out of the drip line. Finding - Chapter 17.80 requires that at time of civil plan review and approval the applicant provide the Community Development Department a final landscape and irrigation plan for approval. Conclusion and Staff Recommendation: 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 proposed conditions of approval as stated below, Community Development staff 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. Conditions of Approval: Lot Sizes and Setbacks: Corner lots shall place driveways, and direct house fronts as follows: Lot # 1 – Driveway faces north, house fronts north Lot #23 – Driveway faces north, house fronts north Lot #39 – Driveway faces east, house fronts south Lot #40 – Driveway faces west, house fronts south Lot #79 – Driveway faces north, house fronts west Lot #83 – Driveway faces south, house fronts west Applicant shall either reconfigure Lot # 31, and #32, or show construction plans for a residence that can meet the setback requirements. Open Space Applicant shall submit a final improvement plan for the open space. The open space improvements shall demonstrate compliance with Chapter 16.14.050. Applicant shall pay a fee in-lieu-of for the difference between provided qualified open space, and the required open space amount. Transportation Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm’s Development Guidelines. Improvements required shall include the frontage on 105th Ave. SE, 3rd Street SE, and Mosman Street as described in the MDNS. Internal streets within the subdivision will be constructed per Yelm Development Guidelines for Local Access Residential. Provisions to this detail will be made for the creation of “bulb-outs” where the pedestrian accesses cross the internal streets. 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 unit which is payable at time of building permit issuance, unless previously credited towards traffic related improvements. Water The applicant shall connect to the City’s water system. There is an existing water main located on 105th Ave. SE, that is located along a portion of the frontage of this property. This main shall be extended to run the entire frontage of this site on 105th Ave. SE. Water connection fees are charged at the current rate of $1,500 per connection, (fee subject to change) payable at building permit issuance. All open space areas and planting strips not located with 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 waterline easement that bisects the property shall be preserved by locating open space over the easement area and protected during construction operations. The existing waterline connection to 3rd St. must be relocated to the proposed public roadway within the subdivision. This waterline is currently located within lot 40 and the adjacent open space. Wastewater 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 provide proof of sewer basin distribution, to be approved by the City, during civil plan review. Stormwater The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP’s) are required during construction. The applicant shall compile a final storm water report along with construction drawings. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. The applicant shall submit a storm water 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. Fire Protection 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. Street Lighting Per the City of Yelm’s Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. Plat name and addressing Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing plat map for approval. SEPA The applicant shall comply with the mitigation requirements of the MDNS issued on December 26, 2003. Mitigation includes: The applicant shall mitigate transportation impacts based on the new p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 p.m. peak hour trips per residential unit. The applicant will be responsible for a TFC of $757.50 per unit, which is payable at time of building permit issuance. Prior to final subdivision approval, the applicant shall Improve the northern half of 105th Ave. SE from Clark Road to the western property line The right-of-use portion of 105th Ave. SE shall be blocked with no through access 3rd Street shall be improved from the proposed development to Yelm Avenue East, and; Mosman Street shall be improved from 3rd Street to Hwy 507. Tree losses shall be mitigated by a 2 to 1 replacement. Open Space Fee in-lieu-of payment for difference of qualified open space. School District Mitigation Agreement shall be required prior to final plat approval. Landscaping Prior to any land clearing, a site plan including the location of all trees to be retained and removed (exceeding 8 inches in diameter) must be reviewed and approved by the Community Development Department. Tree losses shall be mitigated by planting at least a 2 to 1 mix of evergreen (70%) and deciduous trees (30%), with a minimum of a 2-inch caliper measured at 4 feet from the ground, around the perimeter of the storm pond areas, and in the qualified open space areas. Trees to remain must be protected during construction pursuant to Chapter 14.16 YMC. The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space, and stormwater facilities. Based on the Analysis and Findings, and the Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-03-8353-YL.