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PRD-05-0770 Signed HE Decision 030308 001OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: 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 SUMMARY OF REQUEST: 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. SUMMARY OF DECISION: The request is hereby granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on June 11, 2007. -1- Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows EXHIBIT "1" - Planning and Community Development Staff Report and Attachments NISHA BOX appeared, presented the Community Development Department Staff Report and testified that the applicant requests a binding site plan to separate the site into two lots on differing sides of the creek. The PRD allows more imagination and flexibility in design, but also requires 20% open space and authorizes 20% increased density. All construction will occur outside of the 150 foot wide habitat buffer required for the creek. The site plan shows a park to the north and a pedestrian path. A 100 year floodplain associated with Yelm Creek crosses the site and the applicant has provided a surveywhich shows different locations for the boundaries than the FEMA map. The plan shows four lots located within the floodplain, but the applicant may apply for a Letter Of Map Amendment (COMA) to relocate the floodplain. Such is within the jurisdiction of FEMA. The applicant cannot place fill within a floodplain and DOE has required a downstream analysis of culverts and the carrying capacity of the creek. The plan shows two units within the shoreline area which the applicant must remove to meet the density requirements. Furthermore, several lots do not meet the exterior setback requirements. JEFF McINNIS, Petra Engineering, appeared on behalf of the request and tested that they have no concerns with conditions of approval and will have no structures within the 150-foot wide buffer or floodplain. They have evaluated the flood carrying capacity and determined that the development will not diminish or negatively impact said capacity. They have submitted a Buffer Mitigation Plan and will work with the City. Concerning Unit 18, the PRD allows reductions in setbacks and they can tweak the site plan to meet the minimum 20-foot exterior setback and the maximum number of units within the shoreline jurisdiction. JACK LONG, applicant, appeared and testified that he intends to provide low income housing for the City which he believes will result in a positive impact for both the City and the area. They have plenty of room to accommodate all dwelling units and can reduce the footprint to 18 feet by 36 feet. BRAD CUMMINGS appeared and testified that he resides on the north side of Yelm Creek across from the property and has questions regarding flooding. His family has resided for 100 years on the property and have experienced flooding. In the past, where the creek crosses under Crystal Springs Road the pipes are full now during periods of heavy flow. If the runoff increases upstream, the pipes cannot handle the increased flow and the water will back up onto his property. He has not seen water on his property before. Also, he found that the City did not have his name on the mailing list and he never received a mailed notice of the hearing. He became aware of the hearing when he saw the sign posted on the property. -2- MR. McINNIS reappeared and testified that the storm drainage facilities will conform with City standards. They will collect the water, discharge it to a detention pond located between lots 25 and 26, and will treat the water to DOE standards prior to release. They will then release the water at the predeveloped rate to Yelm Creek at a site above the floodplain. They will design the facilities to accommodate a 100 year storm event per DOE requirements. The project will require fill, but all will occur outside of the floodplain. They will also collect stormwater runoff from Crystal Springs Road, direct it across the road to the west side, and then discharge it to the creek downstream from the bridge. MR. CUMMINGS reappeared and testified that unless something is down with the creek downstream the water won't go anywhere. Grass growing in the creek bed prevents the water from flowing anywhere. Where will the new runoff go? It will simply back up onto his property. The creek will not handle the additional runoff and will make flooding worse. MR. LONG reappeared and testified that they will work with the City to address the problem. They are presently killing weeds and will mow the grass and clean it up if the City will allow it. MS. BOX reappeared and testified that the applicant's report does address high groundwater issues. MR. LONG then indicated that he would accept a condition requiring him to work with the City to increase flows in the creek. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS. CONCLUSIONS AND DECISION: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. 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. -3- 3. 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. 4. The applicant has a possessory ownership interest in an irregularly shaped, 4.15 acre parcel of property abutting the east side of Crystal Springs Road/Edwards Street opposite its intersection with Coates Street within the City of Yelm. The applicant requests approval of a planned residential development (PRD) to allow construction of 29 multi-family dwelling units in six buildings. The applicant also proposes a boundary line adjustment (BLA) which will separate the 4.15 acre parcel proposed for development from the balance of the underlying parcel located to the east of Yelm Creek. 5. Yelm Creek flows along the northeastern property line of the parcel, is listed as a shoreline of the state, and is therefore subject to the Thurston County Shoreline Management Master Program (SMMP). Portions of eight units are located within the 200 foot wide shoreline jurisdiction, and therefore the applicant must obtain a shoreline substantial development permit and comply with the shoreline density requirements of the applicable Rural Shoreline Environment (Exhibit "2"). Yelm Creek has an associated 100-year floodplain which, according to the Federal Insurance Rate Map (FIRM), extends onto portions of four lots. However, the applicant performed a site specific floodplain survey which located the 100 year floodplain closer to Yelm Creek and outside of all but one lot. Section 14.08.140(D)(2) of the Yelm Municipal Code (YMC), a portion of the Critical Areas Code, requires a 150-foot wide, riparian habitat buffer from the ordinary high water mark of Yelm Creek. The site plan shows portions of three units within said 150-foot wide buffer which the applicant has addressed as set forth hereinafter. Thus, development of the site must comply with the Rural Shoreline Environment of the SMMP, the 100-year floodplain of Yelm Creek, and the Critical Areas Code buffer. 6. The site plan shows access provided onto Crystal Springs Road NW north of its intersection with Coates Street. The internal driveway extends east from Crystal Springs Road and provides a looped, internal road system to the south. All units access onto the internal driveway. The internal site plan also shows an 11,820 square foot, active recreational area improved with picnic tables and playground equipment to the north of the northernmost units. A six foot wide, gravel path extending around the eastern unit provides pedestrian access to said park/open space area. The 150-foot wide creek buffer and 100 year floodplain area will remain virtually undeveloped. The site plan also shows a second park/open space area containing 5,634 square feet located at the southeast corner of the site adjacent to Edwards Street. -4- Abutting parcels to the south are located in the Heavy Commercial (C2) zone classification while parcels to the east across Yelm Creek are located in the Industrial (I) zone classification. Parcels within the City of Yelm located south of Coates Street and opposite the site are located in the Industrial classification. Parcels in unincorporated Thurston County to the north of Coates Street west of Crystal Springs Road are located in the Rural Residential zone classification which allows a density of one dwelling unit per five acres. The site itself and abutting parcels to the north are located within the Moderate Density Residential (R6) classification. 8. The abutting use to the south is a commercial use, and Yelm Creek and its floodplain extend across the north and east property lines. Single family residential homes are located in unincorporated Thurston County across Crystal Springs Road, and a school facility abuts the west side of Edwards Street south of Coates Road. The proposed multi-family development is consistent and compatible with uses in the area. 9. Chapter 17.15 YMC sets forth the regulations for the R6 zone classification and authorizes moderate density residential uses. Section 17.15.020(A) YMC authorizes multi-family dwellings at a density of between three and six dwelling units per gross acre, and also authorizes PRDs subject to meeting the criteria set forth in Chapter 17.60 YMC. The project proposes a gross density of 6.99 dwelling units per acre, which exceeds the maximum authorized. However, the applicant has requested a PRD which, pursuant to Section 17.60.140(B)(2)(a) YMC, authorizes a density increase of up to 20% in the R6 classification subject to meeting the criteria therein. Approval of the PRD hereinafter authorizes the proposed density. 10. Prior to gaining approval of a PRD, the applicant must show that the request satisfies applicable criteria set forth in Chapter 17.60 YMC. Section 17.60.030 YMC authorizes PRDs within the R6 zone classification, and Section 17.60.140 YMC authorizes uses permitted outright in the R6 classification within a PRD. Section 17.60.050 YMC provides that approval of a PRD waives dimensional requirements of the underlying zone classification and requires those set forth in Section 17.60.110 YMC. 11. Section 17.60.070 YMC requires that the design of a PRD consider the relationship of the proposed use to the surrounding areas and that the perimeter minimize undesirable impacts of the PRD on adjacent properties. The proposal satisfies said criteria as Yelm Creek and its associated floodplain abut the north and east property lines, and the south property line abuts an existing commercial use. Crystal Springs Road and Edwards Street abut the west property line. The applicant will provide landscaping along the south and west property lines to provide buffering and screening for future residents of the PRD. -5- 12. The project complies with Section 17.60.080 YMC as the site exceeds two acres in size, and also complies with Section 17.60.090 YMC, as the major internal access driveway will connect to either a major arterial, secondary arterial, or collector street. While Section 17.60.110 YMC waives side yard setbacks between buildings and specifically authorizes common walls, said section also requires setbacks from exterior property lines: "In no event shall such setback be less than 20 feet." A condition of approval requires location of alt structures at least 20 feet from exterior property lines. 13. Section 17.60.140(A)(1)YMO requires that the site provide no less than 20% of the gross land area for common open space held in single ownership, common ownership, or dedicated for public use. The floodplain area will remain in open space and measures 1.7 acres which calculates to 41 % of the site. In addition, the applicant proposes two active parks/open space areas totaling 17,454 square feet. Thus, the project satisfies the minimum common open space requirements. The applicant has provided convenient access for future residents to the open space by means of a trail extending from the driveway to the park. 14. Prior to obtaining an increase in the density authorized by the R6 classification, the applicant must show that the proposal satisfies three of four criteria set forth in Section 17.60.140(B)(2)(a) YMC. Findings on criteria set forth therein are hereby made as follows: A. The applicant has proposed to equip a significant recreational area with a pedestrian path system and children's play area. B. The proposed PRD retains substantial areas of natural ground cover, bushes, and trees within the undisturbed, 1.7-acre, floodplain area. C. To meet the third criteria the applicant must either landscape the on-site storm drainage detention facility and link it with a pedestrian path system, or provide substantial and exceptional landscaping in excess of that required by Chapter 17.80 YMC. 15. Section 14.08.140(D)(2) YMC requires all construction to occur outside of the 150- footwide, riparian habitat buffer abutting Yelm Creek. However, said section allows averaging of the buffer width when the reduction will not affect stream or habitat functions and will provide additional habitat protection. The applicant proposes several lots within the 150 foot buffer, but provides averaging throughout the site, and also provides a park and accessible open space to the north, leaving the area to the east of the building sites in its natural state. The site plan proposes no structures within the reduced buffer area. The City's Site Plan Review Committee has approved the buffer averaging, as does the Examiner. The plan reflects substantial portions of the site outside of the buffer remaining in their natural state. -6- 16. The applicant must submit to the Federal Emergency Management Agency (FEMA) a Letter Of Map Amendment (COMA) to adjust the 100-year floodplain as shown on the FIRM. As previously found, portions of four lots fall within the 100-year floodplain as shown on the FIRM maps, but upon approval of a COMA by FEMA, no lots will encroach into the 100-year floodplain. 17. The site is located within the Rural Shoreline Environment of the Shoreline Master Program (SMP) which authorizes a density of two dwelling units per acre. Approximately 2.41 areas of the site are located within the shoreline jurisdiction, and such area allows 4.82 dwelling units, rounded up to five units per the YMC. Since the Conceptual Site Plan shows seven dwelling units within the shoreline jurisdiction, the applicant must remove two units. 18. The Washington Department of Ecology (DOE) will require the applicant to show that fill provided for the project will cause no detrimental change in flood elevations nor restriction in stream flow or velocity. The City required a study of downstream culverts to ensure that the project will not diminish the flood carrying capacity of Yelm Creek. Residents of the area raised concerns regarding the capacity of the culverts noting that during periods of high flow the culverts under Crystal Springs Road are full. The applicant will address said issue by collecting the stormwater from Crystal Springs Road which presently discharges to the creek at a location upstream from the culverts, directing it to the west side of the road, and discharging it downstream of the culverts. Such should increase the capacity of said culverts. White grass and weeds interfere with the flow of water within the creekbed, the applicant proposes to work with the City, DOE, and Thurston County in an effort to kill or remove said weeds from the stream to increase its capacity. The applicant agreed to a condition of approval implementing his commitment. 19. The entire City of Yelm and its Urban Growth Area are located within a highly susceptible, critical, aquifer recharge area. To protect said aquiferthe applicant has designed the preliminary stormwater plan in accordance with the adopted 1992 DOE stormwater Management Manual and will treat all water prior to discharge. Since the applicant will discharge stormwater runoff directly to Yelm Creek, he must obtain an NPDES permit. The applicant also provided a Hydrogeologic Report prepared by a licensed hydrologist showing that the bottom of the stormwater infiltration pond will measure at least six feet above the current high ground water level. The applicant will import several feet of fill to raise the overall grade of the building area. The applicant submitted an additional report showing that the fill will not direct high groundwater in a way to potentially affect neighboring properties. 20. The City of Yelm will provide sanitary sewer service, potable water, and fire flow to the site subject to payment of connection fees and constructing improvements required to serve the site and lots. The applicant will satisfy transportation infrastructure improvements by making frontage improvements along Crystal Springs Road to Neighborhood Collector standards and by constructing internal -7- streets to Local Access Residential Standards subject to deviations allowed under the PRD regulations. Builders of the units will satisfy the traffic facility charges at the time of building permit issuance. 21. The applicant will satisfy fire protection requirements by payment of a Fire Impact Fee at the time of building permit issuance, and will also enter a School Mitigation Agreement with Yelm Community Schools which will offset the impacts on the district of school aged children residing in the PRD. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the request for a planned residential district satisfies all criteria set forth in Chapter 17.60 YMC and has also shown that the project satisfies all applicable criteria in the City's Critical Area Code. Furthermore, the applicant has shown that the project is consistent with the Rural Shoreline Environment of the SMMP and meets all criteria for a substantial development permit. Approval of the PRD and substantial development permit should be approved subject to the following conditions: 1. The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. 2. 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. 3. 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 -8- 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. 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 -9- 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(6)(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. 16. The applicant shall work with agencies with jurisdiction to remove grass/weeds from the Yelm Creek creekbed in areas adjacent to the parcel and downstream from the Crystal Springs Road culverts. -10- DECISION: The request for a planned residential district development and shoreline substantial development permit for the Jack Long project located on the east side of Crystal Springs Road/Edwards Street opposite their intersection with Coates Street within the City of Yelm is hereby granted subject to the conditions contained in the conclusions above. ORDERED this ~ day of ~~~ ~ , 2007. S AU EA , Heari g Examiner TRANSMITTED this a7~''day of ~~~~. , 2007, to the following APPLICANT: Jack Long 111 5th Street NE Auburn, WA 98002 OTHERS Mike Killion P.O. Box 764 Yelm, WA 98597 Jack Long 111 9th Street Auburn, WA 98002 Floyd W. Cummings P.O. Box 24 Yelm, WA 98597 Jean Marie Christenson P.O. Box 971 Rainier, WA 98576 Jeff McInnis 535 Dock Street, Suite 213 Tacoma, WA 98402 -11- . ~ . AGENT Petra Engineering LLC 535 Dock Street, Ste. 213 Tacoma, WA 98402 CITY: City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 -12-