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Hearing Examiner Staff Report Case Number: SUB-04-0218-YL Applicant: Rainier General Development, Doug Bloom Agent: Olympic Engineering Services, Chris Merritt Request: Subdivide 4.81 acres into 18 single family residential lots. Recommendation: Approval with conditions Exhibit I: Site plan dated December 2004 Exhibit II: Site plan dated February 8, 2005 Exhibit III: Notice of Application Exhibit IV: Mitigated Determination of Non-Significance & Comment Letters Exhibit V: Public Hearing Notice Proposal The applicant is proposing to subdivide approximately 4.81 acres into 18 single-family residential lots. The property is zoned R-6 Medium Density Residential, which allows up to 6 dwelling units per acre. The site encompasses 1 parcel, and currently has 1 existing home that will remain. Based on the environmental review, the lot configuration changed to provide a vehicular connection to the north. This is reflected in the revised site plan dated February 8, 2005. Property Characteristics The property is located on Burnett Road. The property is identified by Assessor’s Tax Parcel Number 21713310000. The subject property is bound by residentially zoned 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 10, 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 March 21, 2005. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on March 25, 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 February 8, 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. Credit should be given for the existing single-family dwellings. Prior to final subdivision approval, the developer shall complete the following transportation improvements: The east half of Burnett Road shall be improved to City Standards for a Neighborhood Collector along the property frontage. All interior streets shall be improved to City Standards for Local Access Residential. Temporary erosion control systems to be approved by the City of Yelm. Applicant shall provide at least 5% of total acreage as qualified open space. 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 to the north is developed with a duplex. The property east and south are residential subdivisions, and the property to the west is county property zoned Rural Residential 1 unit to 5 acres. 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 space uses may be impermeable surfaces accessory to the open space itself, 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. 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. Burnett 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. 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 applicant proposes to create two street connections. The connection to the east would continue the east/west connection. The applicant also proposes to provide right-of-way for a future connection to the north, which exceeds the minimum requirement. The plat, as proposed, meets this standard by connection to the residential subdivision to the east and a future street connection to the north. 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 Burnett Road, at the southern property corner of the site. 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 existing home is required to connect to the City water system. 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 in Burnett Road at the southern property corner of the site. 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 finds that stormwater from the site can be managed appropriately through the conceptual plan. 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 7 – Driveway faces the south, house fronts to the south. Lot 10 – Driveway faces the south, house fronts to the south. Frontage improvements to Burnett Road shall be constructed per Yelm Development Guidelines “Neighborhood Collector”. Internal streets within the subdivision will be constructed per Yelm Development Guidelines for “Local Access Residential”, and shall be modified near the connection to the east with “bulb-outs” to provide for traffic calming. The applicant shall submit civil plans including a phasing plan for the future street connection to the North that includes a shared temporary access, and addresses water and sewer connections now and when the future road is constructed. The applicant shall provide for sidewalk connections to the entrance into the subdivision to the east. 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. 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 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. All planting strips and required landscaping not located within 75’ of a hose spigot on an individual lot 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 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. The applicant shall submit a final stormwater plan with civil engineering plans and shall include an operation and maintenance plan. 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. 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. 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 February 8, 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-04-0218-YL.