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05-0770 HE Staff Report Case Number: PRD-05-0770-YL & SHO-05-0771-YL Applicant: Jack Long 111 5th Street NE Auburn, WA 98002 Agent: Petra Engineering, LLC 535 Dock Street- Ste. 213 Tacoma, WA 98402 Request: Develop 4.15 acres into 29 units for a multifamily planned residential development. Recommendation: Approval with conditions Exhibit I: Site plan & Project related documents on disk Exhibit II: Notice of Application Exhibit III: Mitigated Determination of Non-Significance & Comment Letters Exhibit IV: Public Hearing Notice Proposal The applicant is proposing a binding site plan and planned residential development to construct 29 multi-family dwelling units on approximately 4.15 acres of land. The binding site plan will allow units to be sold as condominiums. The project site consists of two parcels. A Boundary Line Adjustment has been submitted which will separate the west and east portion of the property where Yelm Creek crosses through the property creating two separate parcels. Yelm Creek bisects the property providing separation of the parcel through the successful completion of the boundary line adjustment. A portion of the development will occur to the west of Yelm Creek which is zoned R-6 Low Density Residential which allows for up to 6 units per acre. The majority of the development will occur on the property to the south which is also zoned R-6. Property Characteristics The property is located on the east side of Edwards Street/ Crystal Springs Road. The property is identified by Assessor’s Tax Parcel numbers 22719240300 and 22719240600. The property to the north and south is zoned R-6 Low Density Residential and is residential in character. The area across Crystal Springs Road to the west is in Thurston County and is zoned Rural Residential 1/5 and is rural residential in character. The area to the east of the property is zoned I Industrial and has previously been used for industrial purposes. 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 November 20, 2006. Notice of the date and time of the public hearing before the Hearing Examiner was posted on the project site, mailed to the owners of property within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on May 30, 2007. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on June 1, 2007 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. State Environmental Policy Act The City of Yelm SEPA Responsible Official issued a Mitigated Determination of Non-significance based on WAC 197-11-158 on March 27, 2007. 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 applicant shall obtain all required State and Federal permits for the proposed Storm Water Detention facility with release of treated Storm Water to Yelm Creek. Civil engineering plans shall include temporary erosion control systems to be approved by the City of Yelm. The applicant shall provide illustration in the form of a written report demonstrating that the requested modifications proposed in the Hydrogeological Assessment addressing the high ground water flood hazard areas will not direct the high ground water in a way which could potentially have an adverse affect to neighboring properties. The developer shall raise existing underground utilities which are located within an easement located near the north property line of the project site to a depth approved by the City Engineer and the Public Works department. Prior to final approval, the developer shall remove existing riprap crossing Yelm Creek and replace it with smaller stones such as gravel to prevent erosion to the reuse water pipeline located beneath the existing riprap. The developer shall provide at least 20% of total acreage as qualified open space, to include a minimum of a 50 foot buffer from the creek and associated wetlands. This area shall be signed to protect the shoreline environment, and shall provide public access to the Shoreline. The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. Critical Areas and Resource Lands As identified in Section 14.08.010 YMC, the regulations of the Critical Areas Code are intended to protect critical areas in accordance with the Growth Management Act and through the application of the best available science, to maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species. Riparian Buffer The applicant is required to keep all construction outside of the 150 foot Riparian Habitat buffer of the creek pursuant to Section 14.08.140(D)(2) YMC. Section 14.08.140(D)(2)(d) allows buffer averaging when the reduction will not reduce stream or habitat functions, the proposal will provide additional habitat protection, the total area contained in the riparian habitat areas of each stream is not decreased, the area is not reduced by more than twenty-five percent (25%) in any one location, and the width reduction will not be located within another critical area or associated buffer.. The proposal creates residential lots which encroach into the 150 foot buffer, although buffer averaging throughout the site is provided, with no structures proposed to be located within the 150 foot Riparian Buffer. The project is providing a sufficient amount of undisturbed Shoreline Designation and 150 foot Riparian Habitat Area by providing a proposed park and accessible open space to the north and leaving the area to the east of the building site in its natural state. This in turn promotes the retention of existing vegetation while having minimal affects to wetland and habitat functions. The Site Plan Review Committee believes that buffer averaging is appropriate, as proposed by the applicant. Wetlands The City’s wetlands maps (based on the National Wetlands Inventory Maps) indicate that there are wetlands present on the site, although the Wetland Verification Report prepared by GeoEngineers Inc. found that the existing vegetation on site was not indicative of vegetation associated with wetland features. Based on this special report, the property is not encumbered by any wetlands or associated buffers. Flood Zone Section 14.08.120 YMC states that fill and grading within the floodplain shall only occur after a determination that the fill or grading will not block side channels, inhibit channel migration, increase the base flood elevation, or be within a channel migration zone. All new divisions of land, including subdivisions, short subdivisions, boundary line adjustments, binding site plans, and master planned communities shall not create any building lot for commercial or residential purposes with any portion within the floodplain. The Critical Areas Code also requires all floodplain areas be dedicated as open space. The floodplain boundary on the preliminary site plan is based on an elevation survey by the applicant and differs from the boundary as mapped by FEMA on the Flood Insurance Rate Map. The preliminary site plan shows that a portion of unit 29 is within the flood zone, as mapped by the applicant, and it appears that up to 4 units fall within the 100 year floodplain as shown on the FIRM maps. Prior to construction on the property, a Letter of Map Amendment (LOMA) will be required in order to adopt the applicant’s surveyed floodplain boundary. A LOMA is a procedure in which FEMA reviews technical data submitted by the property owner who believes a property or structure was incorrectly included in a designated flood hazard area. No building or portion of a building should be allowed within the 100 year floodplain, as identified on the FIRM maps or as changed by a Letter of Map Amendment. The MDNS requires the applicant to provide an erosion control plan to protect the flood zone. The creek and its associated flood zone will be left undisturbed and in their natural state. The proposed residential lots and stormwater retention area will be located outside of the flood zone. The Yelm Creek Comprehensive Flood Management Plan discusses the restoration of the section of the creek located on the east side of the proposed project. The restoration process includes the removal of the existing riprap covering the reuse water pipeline crossing downstream which is larger than necessary to protect the pipe from erosion. The riprap channel lining is creating very poor stream habitat in this stretch, therefore, the project will be required to provide a much thinner covering and smaller diameter of stone which would be sufficient to protect the pipeline from erosion. The Washington Department of Ecology has commented on the fill methods that have been proposed in the hydrogeologic report adjacent to the flood plain associated with Yelm Creek. They have requested that the applicant provide demonstration that the landfilling is consistent with the Shoreline Master Program Landfill section which states that prior to issuance of any permit for landfilling in or along a stream, it must be demonstrated that the fill will not cause any detrimental change in flood elevations, or restrict stream flow or velocity. No fill which adversely affects the capability of a stream to carry 100-year flood flows will be allowed. In addition, due to regional flooding concerns within both the City of Yelm and adjacent un-incorporated areas, DOE also encouraged the City to request an analysis of potential impacts to flooding downstream of the proposed project as well as an analysis of downstream culverts to ensure the flood carrying capacity of Yelm Creek will not be diminished. Department of Ecology comments have been addressed through the MDNS condition which requires the applicant to provide illustration in the form of a written report demonstrating that the requested modifications proposed in the Hydrogeological Assessment addressing the high ground water flood hazard areas will not direct the high ground water in a way which could potentially have an adverse affect to neighboring properties. Critical Aquifer Recharge Areas Critical aquifer recharge areas are those areas with a critical recharging effect on aquifers used for potable water as defined by Section 365-190-030(2) WAC. A critical aquifer recharge area has prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. The entire city of Yelm and its urban growth area is identified as a highly susceptible critical aquifer recharge area. The preliminary stormwater plan has been designed in accordance with the 1992 DOE manual and assures that stormwater will be treated prior to being discharged. A NPDES permit will also be required and must be applied for with the Department of Ecology when a stormwater facility discharges directly to a surface water of the state such as Yelm Creek. High Ground Water No development shall locate within 50 feet, measured on a horizontal plane, from the outer edge of the high ground water hazard area or extending to a ground elevation two feet above the base flood elevation, whichever is less. The bottom of any infiltration facility for stormwater discharge shall be located at least 6 feet above the base flood elevation. The proposed Geological/Geotechnical Assessment submitted did not account for the varying groundwater conditions and soil moisture contents that result from changes in the season and precipitation levels. The applicant was required to provide a Hydrogeologic report prepared by a licensed Hydrologist illustrating that the bottom of the infiltration pond will be six feet above the currently existing high groundwater levels resulting from the most recent period of prolonged precipitation. The Hydrogeologic report submitted by the applicant states that several feet of fill will be placed to raise the overall grade in the building area to reduce the adverse impacts from the high groundwater hazard. As a result, the applicant was required to submit an additional report demonstrating that the requested modifications proposed in the Hydrogeological Assessment addressing the high ground water flood hazard areas will not direct the high ground water in a way which could potentially have an adverse affect to neighboring properties. The applicant shall submit to the approval authority hydrologic and hydrogeologic studies as necessary to delineate the high ground water flood hazard area and the base flood elevation. SHORELINE MASTER PROGRAM: 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. Yelm Creek is listed as a shoreline of the state. 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 who shall issue a decision and recommendation for the shoreline substantial development permit. The shoreline designation of the site is Rural. Residential densities in this environment shall not exceed two dwellings per acre, regardless of housing type. The conceptual site plan indicates that 7 dwelling units are proposed within the shoreline jurisdictional area consisting of approximately 2.41. The allowed density on a 2.41 acre shoreline parcel would be 5 units (2.41 acres * 2 units per acre = 4.82 units, rounded up pursuant to the definition of density found in the Yelm Zoning Code). As two of the units within the shoreline will have to be removed for other site planning reasons, the proposal meets the shoreline density standards. The erosion control plan will assure protection of the creek, wetlands, and flood zone. The applicant shall provide an erosion control plan to assure no disturbance to this area. The undisturbed buffer area effectively protects the creek and its associated wetlands. A NPDES stormwater permit is required and must be obtained before the start of any construction activities per Department of Ecology SEPA review comments. At this time, there is no public recreation for Yelm Creek, other than a park located on First Street in the center of town. It is the goal of the developer to leave Yelm Creek in its natural state and provide a park/ open space area in the northwest portion of the property, outside of the shoreline jurisdiction area. 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. Yelm Creek meanders along the eastern portion of this property. The applicant is providing a 6 foot gravel path located to the east of the building envelope furthest to the north which provides access to the park/ open space area and proposes to leave the shoreline undisturbed. The applicant will be required to dedicate a 20 foot easement to the City of Yelm to access the Shoreline area for any City or State sponsored projects that might result in creek and flood protection enhancement. Concurrency Chapter 15.40 YMC requires the reviewing authority to determine that required urban infrastructure is available at the time of development. Concurrency means the facilities necessary to serve a proposed development are in place or planned for and properly funded with a reasonable expectation that the facilities will be in place at the time needed to preserve adopted levels of service. 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. The project is within the sewer service area. The developer will be required to connect to the sewer main located in Crystal Springs Road. Improvements required to serve the project will be specifically identified during civil plan review and shall be installed by the developer and approved by the City prior to final approval. This satisfies the requirement for concurrency with sewer infrastructure. 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. The project is within Yelm’s water service area. The developer will be required to connect to the existing water line in Crystal Springs Road. Improvements required to serve the proposal, including providing fire flows and potable water, will be specifically identified during civil plan review and shall be installed by the developer and approved by the City before final approval. This satisfies the requirement for concurrency with water infrastructure. 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. The developer has indicated that frontage improvements along Crystal Springs Road will be installed to the City’s adopted Neighborhood Collector standards. Internal streets will be constructed to adopted Local Access Residential standards while allowing for deviations under the Planned Residential Development regulations. Finally, Traffic Facility Charges are applied at the time of building permit issuance. These conditions satisfy the requirement for concurrency with transportation infrastructure. Fire concurrency is achieved pursuant to Section 15.40.020(B)(6) YMC upon payment of a Fire Impact Fee at the time of building permit issuance. The current impact fee is $0.216 per square foot of gross floor area. This fee is applied at the time of building permit issuance and satisfies the requirement for concurrency with fire system improvements. 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. The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School Districts as required through the SEPA determination process with the City of Yelm. This agreement satisfies the requirement for concurrency with school infrastructure. Lots Size and Setbacks Pursuant to Chapter 17.60 YMC, in no case shall the setbacks within a planned residential development be less than 20 feet. Lots adjacent to the west and south property lines within the proposed planned residential development appear to be only 10 feet from the property lines. This required setback can be met if three units (6, 18, and 29) are eliminated from the proposed development, allowing the remaining units to be moved 10 feet further from property lines. 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 twenty percent of the gross area of a Planned Residential Development be dedicated as usable open space. Appropriate uses of dedicated open space include: Environmental interpretation or education Parks, tot lots, recreation lands, or athletic fields Footpaths or bicycle trails Three hundred square feet private, usable open space having a minimum of 15 feet in depth shall be provided for each ground level dwelling unit PRD. Such private open space is to serve as a buffer between dwelling units and common open space. No more than five percent of any dedicated open spaces may be impermeable surfaces and open space must be sited so as to be suitable for its intended purpose and at least 75% of the open space must be assessable to either the general public or all residents of the associated development. Open space shall be dedicated at the time of final approval. The property is bordered to the east by Yelm Creek and its associated wetlands and flood plain. The applicant is also proposing to dedicate the shoreline jurisdiction area and flood zone area as part the open space requirement. Preserving the shoreline with the 150 foot Habitat Buffer, as modified by buffer averaging, will protect this area, as well as meet the open space requirement.  Schools New residential units create a demand for additional school services and facilities. The Yelm School District requests that the applicant enter into an agreement with the school district for the payment of mitigation fees based on the project’s impact. This request for a mitigation agreement between the applicant and the school district became a condition of the Mitigated Determination of Non-significance issued pursuant to the State Environmental Policy Act. Transportation and Site Access The City of Yelm Development Guidelines and the concurrency requirements of Chapter 15.24 YMC require all new developments to improve street frontages to current City standards. Crystal Springs 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. Internal streets within the project are private and do not require to be constructed to the City’s Local Access Residential standards. The project proposes internal streets consisting of two 10 foot drive lanes totaling 20 feet wide internal roadways. The proposed internal roadways must meet standards for fire department access including width and turn radii. 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 multi-family home generates .60 p.m. peak hour trips per unit. The Transportation Facility Charge per unit is $450.00 and payable at time of building permit issuance. 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 proposal cannot provide for connecting streets because of the location of the shoreline jurisdiction area to the north and east and the existing property to the south is zoned industrial which does not require a future street connection. The existing access for the private road into the site is not pedestrian oriented. To complete the required frontage improvements, a sidewalk shall be extended across the easement access to promote safe pedestrian circulation. Parking Chapter 17.72 YMC requires minimum parking ratio of two spaces per dwelling unit, which is typically met by providing a standard driveway. On-street parking is allowed on both sides of local access residential streets. Planned Residential Developments allow for deviations to typical street standards and the applicant is proposing street widths that are less than those required for local access residential streets but is still providing for some on-street parking. Each unit has a single car garage and a driveway approach sufficient for parking a second car. The Site Plan Review Committee believes that off-site parking for guests of unit owners in the ratio of one parking space for every two units will provide sufficient parking for the proposed development. 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). Multi-family dwelling units may qualify for a reduced rate of $1,125 per ERU based on .75 percent of the regular rate per ERU for water connection which is payable at building permit issuance. This Fee is subject to change. There is an existing 10” water main located in Edwards Street/Crystal Springs Road. This project will be required to connect and to extend an 8” water main along all new proposed roadways within the development to serve fire hydrants and individual services. The minimum water main size serving a fire hydrant shall be 8” in diameter. The Public Works Department has requested that the project be served by a single master water meter owned by the Condominium Association. This is standard for multi-family developments in Yelm. The meter should be installed in the right of way along Crystal Springs Road. The developer may choose to install deduct meters within the private portion of the water system to assign costs to individual units. Any existing wells on the property must be decommissioned pursuant to standards established by the Washington Department of Ecology and any water rights associated with these wells shall be dedicated to the City of Yelm. 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. The 2002 City of Yelm Water Comprehensive Plan identifies 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. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area. Sewer connections are based on a consumption rate of 900 cubic feet a month and are charged at a rate of $5,725 per connection inside city limits. Multi-family dwelling units may qualify for a reduced rate of $4293.75 per ERU based on .75 percent of the regular sewer connection fee which must be paid prior to final approval. Each unit would be charged for one connection. An inspection fee of $145.00 per a STEP sewer system will also be required. These fees are subject to change and are payable at building permit issuance. The proposed site is currently located in the City of Yelm’s STEP sewer service area. There is an existing sewer main located on the south property line of parcel 22719240300 and the frontage of Crystal Springs Road. This project will be required to install sewer main along all new proposed roadways within the development. The proposed sewer main sizes will be reviewed during civil plan review. Multi-family developments are required to install common S.T.E.P. tanks rather than a tank for each unit. The location and size of the step tanks will be determined during the civil engineering review of the construction drawings. Tank sizing and number of tanks will be based on the final site plan and how many dwelling units are ultimately proposed and approved. Each step tank will be required to have it own controller, access to hose bib and a power source that will be connected to a power meter that is paid for by the homeowner or condominium association. Any existing on-site sewage disposal systems must be abandoned per Thurston County Health Department standards. Existing Utilities The proposal would place fill over the existing underground utilities located within an easement along the northern property line will be of the project site to a depth that would adversely impact the maintenance of these utilities. These water, sewer, and reclaimed water lines will need to be raised by the developer during construction to a depth approved by the Public Works Department. Stormwater Quality and Quantity Impervious surfaces create stormwater runoff which, when uncontrolled and untreated can create health, safety, and environmental hazards. The City of Yelm has adopted the 1992 Department of Ecology Stormwater Manual, which requires all development to treat and control stormwater. The applicant has submitted a preliminary stormwater report which includes a conceptual design for the treatment and infiltration of the stormwater. The Community Development Department has reviewed this report and find that stormwater from the site can be managed appropriately. Stormwater facilities require continued maintenance to ensure they remain in proper working condition. The stormwater facility is required to be located outside the 150’ creek buffer and 100 year flood plain. When a stormwater facility discharges directly to a surface water of the state a NPDES permit will be required and must be applied for with the Department of Ecology. This permit must be approved by Department of Ecology before construction can begin onsite. The NPDES permit may have additional requirements for treatment and discharge of site stormwater. 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 and will be required for all internal roadways and along the frontage of Crystal Springs Road. Project Name and Addressing A name for the Planned Residential Development must be reserved with the Thurston County Auditor’s Office prior to submitting for final approval. Addressing and street naming within the project will be assigned by the Community Development Department prior to application for final 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. 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. It is used around the perimeter of a site with a minimum planting area of eight-feet in width, although for a residential subdivision a solid wood fence may be used for perimeter landscaping. The conceptual landscape plan does not display Type II landscaping. The final landscape plan at civil plan submittal shall reflect Type II landscaping as required. Type II landscaping on the south property line shall consist of an 8 foot planter strip in addition to a 6’ fence. Type II landscaping is not required on the east property line which falls within the shoreline jurisdiction area. The shoreline jurisdiction area is to remain in its natural state. Type III landscaping is intended to provide visual relief where clear sight is desired. This type is utilized along pedestrian corridors and walks for separation of pedestrians from streets and parking areas. This includes planter strips with grass and street trees. A type III landscape buffer is required with frontage improvements along Crystal Springs Road as well as new internal streets. The conceptual landscaping plan correctly shows proposed type III landscaping in required areas. Type V landscaping to provide visual relief in stormwater retention/detention areas with vegetation that is suitable and will thrive in hydric soils. The conceptual landscape plan correctly shows the proposed Type V landscaping as required. 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 approval. The applicant has established that the proposed Planned Residential Development, as 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. The public use and interest will be served by the development of the property, as conditioned. The project, as 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 approval of the Planned Residential Development with the following conditions: The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. No structures shall be constructed within the 100 year floodplain as shown on the FEMA Flood Insurance Rate Maps as published or as amended through a Letter of Map Amendment. Preliminary approval of this Planned Residential Development is subject to recording of the Boundary Line Adjustment. 4. Each dwelling within the project 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. Tank sizing and number of tanks will be based on the final site plan and how many dwelling units are ultimately proposed and approved. Each step tank will be required to have it own controller, access to hose bib and a power source that will be connected to a power meter that is paid for by the homeowner or condominium association. 5. All dwelling units within the project shall connect to the City water system. The connection fee and meter fee will be established at the time of building permit issuance. All requirements for cross connection control as required in Section 246-290-490 WAC shall be met by the applicant. A master water meter shall serve the entire project, and shall be located in the right-of-way of Crystal Springs Road. 6. As required by Chapter 17.60 YMC, in no case shall the setbacks within the planned residential development be less than 20 feet from exterior property lines. The civil plans shall include a revised site plan illustrating how the 20 foot setback requirement for a Planned Residential Development has been met, most likely through the elimination of units 6, 18, and 29 and relocating buildings into the spaces occupied by those units. 7 The Shoreline Jurisdiction area shall be dedicated as qualified open space, including an easement benefiting the City of Yelm for creek restoration. This area shall be signed to protect the shoreline environment, and shall provide public access to the shoreline with a pedestrian pathway. The pathway shall be ADA compliant to provide a 5-foot asphalt surface, with slopes meeting ADA regulations. The proposed pathway shall be shown on civil plans. The developer shall provide a minimum of twenty percent of the gross area of a Planned Residential Development be dedicated as usable open space. Three hundred square feet of private, usable open space having a minimum of 15 feet in depth shall be provided for each ground level dwelling unit within the Planned Residential Development. Such private open space is to serve as a buffer between dwelling units and common open space. 8. In addition to providing two parking spaces per dwelling unit, the applicant shall provide a minimum of one additional parking space for every two units. 9. The civil engineering plans shall include plans for the collection, treatment, and infiltration of stromwater in accordance with the 1992 DOE Stormwater Manual, as adopted by the City of Yelm. Best Management Practices (BMP’s) are required during construction. A 10-foot setback from all property lines and easements are required for stormwater facilities. The final stormwater system shall be held in common by the Condominium Association and the Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. All roof drain runoff shall be infiltrated on each dwelling utilizing individual drywells. 10. 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 site plan approval. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards, including the purchase of hydrant locks for all new fire hydrants. 11. Street lighting and interior street lighting will be required. Civil plan submittal shall include a lighting design plan for review and approval. 12. Pursuant to the requirements of Chapter 15.40 YMC, the builder of any structure within the development shall pay a fire protection impact fee pursuant to Section 15.40.020(B)(6) YMC. The impact fee for 2007 is $0.216 per square foot of new development, and is payable at building permit issuance (fee subject to change). 13. Prior to final plat application, a project name must be reserved with the Thurston County Auditor’s Office. 14. The civil engineering plans shall include a detailed final landscape plan that identifies types II, III, and V landscaping. Type II landscaping is required around the perimeter of the site with the exception of the shoreline jurisdictional area along the east property line. Type II landscaping on the south property line shall consist of an 8 foot planter strip in addition to a 6 foot fence. A type III landscape buffer shall be identified along the property frontage of Crystal Springs Road as well as new internal streets. Type III landscaping on Crystal Springs Road shall include drought tolerant shrubs and bark instead of grass. Type V landscaping shall be displayed within all stormwater retention/detention facilities. All planting strips and required landscaping located in Crystal Springs Road 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. 15. 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. Conclusion: The proposed project is consistent with the Shoreline Master Program 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 ensure 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. Based on the Analysis and Conditions of Approval above, staff recommends that the Hearing Examiner approve SHO-05-0771-YL and PRD-05-0770-YL.