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Hearing Examiner Staff ReportDate: October 24, 2002 To: Stephen Causseaux, Jr., Hearing Examiner From: Tami Merriman, Planning Technician Re: Willow Glen Phase II Subdivision, SUB-02-8317-YL LIST OF EXHIBITS: Exhibit I: Site Plan and Amended Site Plan Exhibit II: Notice of Application Exhibit III: Determination of Non-Significance and Comments Exhibit IV: Public Hearing Notice Applicant: Yelm Property Development Denny Balascio 16440 SE Middle Road ` Yelm, WA 98597 Proposal: The applicant is proposing to subdivide 8.89 acres into 46 single-family lots. The property is zoned R-6 Moderate Density Residential, allowing up to 6 dwelling units per acre. Construction includes new streets, infrastructure, frontage improvements, landscaping, and stormwater facilities. SPECIAL NOTE: The applicant originally submitted preliminary plat application to subdivide the property into 45 single-family lots. The 45-lot proposal was described in the notice of application, and the SEPA determination that was mailed to the appropriate agencies and 300’ property owner radius. After these notices were complete and mailed, the applicant requested to submit a change to the plat to add an additional single family lot, for a total of 46 single family lots. The addition of the single-family lot meets the density requirements for the R-6 zone, and did not significantly change the configuration of the map layout. This change is noted in the public hearing notice, and was mailed to all recipients of the original notice of application and SEPA determination. Location: The project site is located on the north side of Middle Road just east of the Prairie Creek Subdivision. The proposed project is a continuation of the existing Willow Glen Subdivision. In reviewing the plat application and tax parcel numbers, we found that the City of Yelm Zoning map did not include a small portion of this property in the City Limits. After researching the annexation, and previous boundary line adjustments for this site, it was determined that the legal description of the annexation effected by the City of Yelm via Ordinance #627 includes Parcel “A” of BLA #0309 as recorded under Auditors File No. 8510250041 in Volume 3 of Boundary Line Adjustments, Pages 635 through 639. A portion of Parcel “A”, which is presently assigned tax parcel number 64303500300 by the Thurston County Assessor’s Office, was excluded from the map prepared by the City and filed with the Annexation Certificate. The City believes that tax parcel 64303500300 is within the City limits through the adoption of Ordinance 627 and is proceeding with the subdivision application. On October 4, 2002, the City contacted the Office of Financial Management (OFM) – Forecasting Division with our findings. OFM has concurred that the legal description in the annexation ordinance does include the small portion of land, and that the map was incorrect. The entire parcel in question is inside the City of Yelm City Limits. 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 September 5, 2002. 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 October 24, 2002, and advertised in the local newspaper on October 25, 2002. The City has performed an environmental review, including review of a transportation analysis, and issued a Mitigated Determination of Nonsignificance on September 27, 2002, with a comment deadline of September October 11, 2002, and an appeal deadline of October 18, 2002. Staff Analysis and Conditions of Approval 1. Lots Size and Setbacks: Finding: The R-6 District does not have a minimum or maximum lot size but it does have standard yard setbacks. Finding: The layout of the proposed plat includes 3 corner lots, lot numbers 35, 58, & 59, that do not adequately represent the required setbacks. Additional challenges these corner lots provide are the safe placement of driveway entrances, and possible interference with driving sight distance if the future property owners desire to fence their yards. Conclusion: The preliminary plat map shows the typical building envelopes that project the minimum setbacks required in the R-6 Zone, except for lots 35, 58, & 59. Conditions of Approval: The applicant shall show adequate building envelopes for lots 35, 58, & 59 on civil plans submitted for final approval. The applicant shall show on civil plans, and the on the face of the final plat, the driveway placement for lot 35 to be no further than 85-feet from the North property line. The applicant shall show on civil plans, and the on the face of the final plat, the driveway placement for lots 58 and 59 to be no further than 30-feet from the South property line. The applicant shall provide specific fencing restrictions for lots 35, 58, & 59 in the Covenants and Restrictions for the Homeowners Association, and on the face of the final plat, to provide for adequate sight distance. 2. Adjacent Land Uses and Zoning: Finding: Properties to the north and east of the site are in Thurston County. Properties to the east are zoned Rural Residential (1/5) and to the north are residential and industrial. The property to the west and south of the site are zoned Moderate Density Residential (R-6). Developed densities in the immediate area range from rural (1 unit per five acres) to moderate density of 6 units per acre. Conclusion: The proposed residential subdivision is consistent with the surrounding residential uses, and creates a density of 5 units per acre, which meets the minimum and maximum requirements of the R-6 Zone. 3. Open Space: Finding: Washington State GMA Open space and recreation goal 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 is five acres of land per 1,000 population. Finding: The City presently has a total of 15.26 acres of recreation and park facilities, including the 13.98-acre Longmire Community Park which is presently under construction. Yelm's 2001 population was 3,420 in 2001, according to the Thurston Regional Planning Council, which would require a minimum of 17.1 acres of recreation and park facilities pursuant to the Comprehensive Plan. Finding: Yelm's average household size, according to the Thurston Regional Planning Council, is 2.50 persons per household. A 46 unit subdivision, therefore, would be expected to add 115 people to the City's population, requiring an additional 25,047 square feet of recreation and park facilities. Finding: The Park fee in-lieu-of open space is placed in a separate fund in the City's budget (fund 118) which is used solely for the acquisition of land and improvement of additional park facilities. Finding: YMC Chapter 14.12 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. Five percent of the site is equal to 19,363 sq. ft. The fee is calculated at .77 cents per sq. ft., which equals to $14,909.51 as a fee in-lieu-of open space. The applicant has not proposed any on-site open space. Conclusion: The applicant has not included provisions for open space in the proposed plat. The City is constructing a large public park near this site. It is acceptable to allow the payment of a fee in lieu of open space for this project. Conditions of Approval: The applicant shall pay an open space fee in lieu of in the amount of $14,909.51 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 mitigation of the Environmental Determination. 5. Transportation and Site Access: Finding: The property fronts on Middle Road, which is the only access to the site. No additional accesses are proposed at this time. Finding: The 1992 Yelm Comprehensive Transportation Plan, the Transportation chapter of the Yelm Comprehensive Plan, and the Development Guidelines provide policies and regulations in which the Transportation Plan will be implemented. Included in these policies and regulations in the requirement of the continuation of streets. In most cases, the developer shall provide for the continuation of streets to adjoining properties and subdivisions. In the case of undeveloped land, the street ends in a cul-de-sac or hammerhead, with a sign that states “future road connection”. Finding: The design of Willow Glen Phase I provided for the continuation of streets into the adjacent lot, which is now Willow Glen Phase II. Willow Glen Phase II connects into Phase I by the continuation of Welch Loop, which is proposed to be change to Greenleaf Drive. 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. Finding: During the construction of Willow Glen Phase I, the applicant was given a deferral of the requirement for frontage improvements to Middle Road, agreeing to complete the frontage improvements at the time of construction of Willow Glen Phase II. Conclusion: The Combination of the Willow Glen Phase I and Phase II projects meet the policies and requirements of the transportation plans of the City. The Concurrency Management Ordinance provides for mitigation for the addition of traffic into the City’s transportation system. The construction of Phase II ends the deferral of road frontage improvements to Middle Road. Conditions of Approval: The proponent shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 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. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm’s Development Guidelines. Frontage improvements for Middle Road shall be consistent with the section “Neighborhood Collector”. Interior street improvements shall be consistent with the section “local access residential”. Frontage improvements shall include frontage improvements deferred in the Willow Glen Phase I development. 6. Parking: Finding: Chapter 17.72, Off-Street Parking and Loading, requires minimum parking ratio of two spaces per dwelling unit. Conclusion: The applicant is proposing at a minimum to provide parking accommodations for at least two vehicles on each residential lot. 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 water line that extends along the frontage of the property. The applicant shall provide water service within the development. Finding: There is an existing home on site that is proposed to remain, and other existing buildings on site that are to be removed. The home that is to remain is currently connected to a private well. The applicant proposes to connect the existing home to a meter installed for Lot number 23 temporarily, and will connect the home to its own meter, when the water lines are installed and complete. The existing well shall be abandoned per Department of Ecology standards. Conditions of Approval: The applicant shall connect to the City’s water system. Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per day and are currently charged at a rate of $1,500/ERU (subject to change) inside city limits. This fee is payable at time of building permit issuance. The applicant shall connect the existing home to water service temporarily from a meter located at lot 23, and must reconnect to its own meter, as soon as the water lines are approved and dedicated to the City. The applicant shall abandon the on-site well in accordance with the Department of Ecology standards, and any water rights transferred to the City. 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 grand 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: City sewer is available to the site of this proposal. During construction of the Willow Glen Phase I, the developer extended the sewer line along the property frontage. The developer shall connect to the City’s STEP sewer system. Finding: There is an existing home on the site that is proposed to remain, as well as other buildings on the site that shall be removed. The existing home is served by an on site septic and drainfield system. The existing home will be connected to City sewer service when sewer lines are approved and dedicated to the City. Conclusion: City sewer service is available to the site. The developer is responsible for extending the sewer line along the entire frontage of the parcel, and within the subdivision. Conditions of Approval: The proponent shall connect to the City’s S.T.E.P System. The S.T.E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Community Development Department for review and approval. Sewer connection fees are charged at the current rate of $4,986.00 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. These fees will be assessed at building permit issuance for each lot. Existing sewage systems located on-site shall be abandoned per Article IV Rules & Regulations of the Thurston County Board of Health Governing Disposal of sewage. 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. YMC 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. Conditions of Approval: 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. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. 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. Conditions of Approval: The 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. 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. Conditions of Approval: 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. 12. Subdivision Name and Addressing: Finding: The proposed project is a continuation of the existing Willow Glen Subdivision. The applicant is not proposing to change or add a new subdivision name. Addressing is approved by the Community Development Department. Conditions of Approval: Prior to the submission final plat application, the applicant will provide the Building Department with an addressing plat map for approval. 13. Environmental: Finding: The applicant submitted a completed environmental checklist, including a traffic analysis with preliminary plat application. The City performed and environmental review and issued a Mitigated Determination of Nonsignificance on September 27, 2002. Conditions of Approval: The applicant shall comply with the mitigation requirements of the MDNS issued on September 27, 2002. 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. The applicant shall enter into an agreement with the Yelm School District to mitigate project impacts to the school district. 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 also allows fencing to meet the landscaping requirement for the perimeter of the site. Finding: Landscaping is required in open space and above ground stormwater facilities. Finding: The applicant has submitted a preliminary landscaping plan that is acceptable with the City. 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. Conditions of Approval: 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. Conclusion and Staff Recommendation: Chapter 16.12.170 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 above, 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, sidewalks; That the public use and interest will be served by the platting of such subdivision and dedications; The subdivision is in conformance with The Yelm-Thurston County Joint Comprehensive Plan, the City Zoning Ordinance and the City’s Development Guidelines. Based on the Analysis and Findings, and the Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-02-8317-YL.