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PRD-05-0770 Signed HE Decision 030308~ F e ~ C?FFICE QF THE HEARING EXA'M1NER CITY GF YELM REPORT AND DECISll7N CASE NO.: PRDTI)5-fl~7©-YL ~ SHQ~Qb-17771-YL APPLICANT: Jack Lvng '{ 11 Stn Street N E Auburn, WA 98172 AGENT: Petra Engineering LLG 535 Dack Street, Ste. ~ 13 Tacoma, WA 9&42 SUMMARY t]F REQUEST: ~'l~~ r; ~~ ,~c~;;~, ,:, The applicant is proposing a binding site plan and planned residential development to construct 29 multi-family dwelling units ^n approximately 4.15 acres of land. The binding site plan wilt 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 Law 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-S. SUMMARY OF DELI ShDN: The request is hereby granted, subject to conditions. PUI~LIC HEARING: After reviewing Planning and Community Development Staff Report and examining available infarmativr~ on file with the application, the Examiner Conducted a public hearing on the request as follows: The hearing was opened on June 11, 2D177. _~_ Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: EJCHIgIT "1" - Plannit17~ and Community Qer-elopment Staf# Report and Attachments NISHA BDx appeared, presented the Community ^evelopment Department Staff Report and testified that the applicant requests a binding site plan tv separate the site into two lots ^n differing sides of the creek. The PRD allows more imagination and flexibility in design, but also requires 20°Io open space and authorizes 20°Io 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 fivvdplain associated with Yelm Creek crosses the site arad the applicant has provided a survey which shows different locations far the boundaries than the FEMA map. The plan shows four lots located within the floodplain, bu# the applicant. may apply fior a Letter Of Map Amendment ~LQMA} to relocate the floodplain. Such is within the jurisdiction of FEMA. The applicant cannot place fill within a flovdplain and DflE 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. Furthem~are, several lots da not meet the exterior setback requirements. JEFF MclNNlS, Petra Engineering, appeared on behalf of the request and testifed that they have no concerns with conditions of approval and witl have n^ structures within the 150-foot wide buffer yr flvadplain. 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 PR^ allows reductions in setbacks and they can tweak the site plan tv mee# the minimum 20-foot exterior setback and the maximum number of units within the shoreline jurisdiction. JACK LC7NG, applicant, appeared and testified that he intends tv provide low income housing for the City which he believes will result in a positive impact far bath the City and the area. They have plenty of room tv accommodate all dwelling units and can reduce the footprint to 1$ feet by 3fi feet. BRAD CIJMMINGS appeared and testifed that he resides vn the north side ofYelm Creek across from the property and has questions regarding flooding. His family has resided for 100 years an the property and. have experienced flooding. In the past, where the creek crasser under Crystal Springs Road the pipes are full now during periods of heavy flaw. 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 an his property before. Also, he found that the Gity did not have his name vn the mailing list and he never received a malted notice of the gearing. He became aware of the hearing when he saw the sign pasted on the property. -~- MR. McINNfS 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 2fi, and will treat the water tv DGE standards prior to release. They will then release the water at the predevelvped rate to Yetm Creek at a site above the floodplain. They will design the facilities tv accommodate a 1 tl~ year storm event per DQE requirements. The project will require fill, but all wi11 occur outside of the flvodplain. They will also collect stvrrnwater runoff from Crystal Springs Road, direct it across the road tv the west side, and then discharge it tv the creek downstream from the bridge. MR. C[JMMINGS reappeared and testifed that unless something is down with the creek downstream the water want gv anywhere. Grass growing in the creek bed prevents the water from flowing anywhere. Where wil{the new runoff gv? It will simply back up onto his property. The creek will not handle the additional runoff and will make flooding worse. MR. LANG 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. BMX reappeared and testified that the applicant's report dues address high groundwater issues. MR. LANG then indicated that he would accept a condition requiring him tv 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 DE+GISION: FINDINGS: 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 Qeterminativn of Non-significance based on WAC 197-11-158 on March 27, 2g~7. This determination is final and fulfils the City's responsibility for disclosure of potential, sign~icant environmental impacts. The Hearing Examiner may take action to deny or condition the proposal based. vrt impacts identified in the environmental checklist yr other environmental documents. _~_ 3. Notice of the date and time of the public hearing before the Hearing Examiner was posted vn the project site, mailed tv the owners of property within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination an 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 vn June 1, 2Q07. 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 RvadlEdwards Street opposite its intersection with Coates Street within the City of Yelm. The applicant requests approval of a planned residential development (PRD} tv 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 tv the east of Yelm Creek. 5. Yelm Creek flews 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 r;SMMP}. Portions of eight units are Ivcated 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 flvodplain 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 Ivcated the 100 year floodplain closer to Yelm Creek and outside of all but one Ivt. Section 14.0$.140[^}~2} of the Yelm Municipal Cvde ~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 flvodplain of Yelm Creek., and the Critical Areas Code buffer. 6. The site plan shows access provided onto Crystal Springs Rvad NW north of its intersection with Coates Street. The internal driveway extends east from Crystal Springs Rvad and provides a looped, internal road system tv 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 tv the north of the northernmost units. A six feat wide, gravel path extending around the eastern unit provides pedestrian access to said parlclopen space area. The 150-feat wide creek buffer and 1 OQ year flvodplain area will remain virtually undeveloped. The site plan also shows a second pariclvpen space area containing 5,634 square feet Ivcated at the southeast corner of the site adjacent to Edwards Street. -4- 7, Abutting parcels tv the south are located in the Heavy Commercial 4C2} zone classifECativn while parcels tv 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 tRfi} classification.: 8. The abutting use to the south is a commercial use, and Yeim Creek and its floodplain extend across the north and east properly 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 Rvad. The proposed multi-family development is consistent and compatible with uses in the area. 9. Chapter 17.16 YMC sets forth the regulations for the R6 zone classification and authorizes moderate density residential uses. Section 17.15.0~0(A}YMC authorizes multi-family dwellings at a density of between three and six dwelling units per grass acre, and also authorizes PRDs subject to meeting the criteria set forth in Chapter 17.fi0 YMC. The project proposes a gross density of fi.99 dwelling units per acre, which exceeds the maximum authorized. However, the applicant has requested a PRD which, pursuant to Section 17.fi0.140(6}(2}(a} YMC, authorizes a density increase of up to 20°/© in the Rfi 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 Rfi zone classification, and 5ectivn 17.6(7.140 YMC authorizes uses permitted outright in the Rfi classification wiithin a PRD. Section 17.fi0.050 YMC provides that approval of a PRD waives dimensional requirements of the underlying zone classification and requires those set forth in Section 17.fi0.110 YMC. 11. 5ectivn 17.fi0.070 YMC requires that the design of a PRD cvnsiderthe relationship of the proposed use tv the surrounding areas and that the perimeter minimize undesirat~le impacts of the PRD on adjacent properties. The proposal satisfies said criteria as Yelm Creek and its associated fkvvdplain 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.fi0.0$0 YMC as the site exceeds two acres in size, and also complies with 5ectian 11.fi0.090 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 a!s^ requires setbacks from exterior property lines: "In no event shall such setback be less than 20 feet." A condition of approval requires location of all structures at least 20 feet from exterior property lines. 13. Section 17.fi0.140{A}{1 }YMC requires that the site provide no less than 20°I° of the gross land area for common open space held in single ownership, common ownership, ^r dedicated for public use. The floodplain area will remain in open space and measures 1.7 acres which calculates tv 41 °/° of the site. In addition, the applicant proposes two active parkslopen space areas totating 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 tv tl~e park. 14. Prior to obtaining an increase in the density authorized by the Rfi classification, the applicant most show that the proposal satisfies three of four criteria set forth in Section 17.fi0.140{B}{Z}{a} YMC. Findings on criteria set forth therein are hereby made as follows: A. The applicant has proposed to equip a significant recreational area wi#h 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, flvodplain area. C. To meet the third criteria the applicant must either landscape the vn-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- foot wide, riparian habitat buffer abutting Yelm Creek. However, said section allows averaging of the buffer width when the reduction will not affect stream ar habitat functions and will provide additional habitat protection. The applicant proposes several Ivts 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 n^ structures within the reduced buffer area. The City's Site Plan Review Committee has approved the buffer averaging, as dues the Examiner. The plan reflects substantial portions of the site outside of the buffer remaining in their natural state. -~- 16. The applicant must submit to the Federal Emergency Management Agency r;FEMA} a Letter Qf Map Amendment ~LOMA} to adjust the 1 D0-year flvadplain as spawn vn the FIRM. As previously found, portions of four lots fall within the 1 QQ-year floodplain as shown on the F1RM maps, but upon approval of a LDMA by FEMA, nv lots will encroach into the 1 QQ-year floodplain. 17. The site is located within the Rural Shoreline Environment of the Shoreline Master Program tSMP} which authari~es 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 ^epartment of Ecology {DDE} 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 ar velocity. The City required a study of downstream culverts to ensure that the project will not diminish the flood carrying capacity of Yelm Greek. 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 fu11. The applicant will address said issue by collecting the starmwater from Crystal Springs Road which presently discharges to the creek a# 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. While grass and weeds interfere with the flow of water within the creekbed, the applicant proposes tv work with the City, DQE, and Thurston County in an effort to ki11 or remove said weeds from the stream to increase its capacity_ The applicant agreed tv 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 starmwater plan in accordance with the adopted 1992 DBE Stvrmwater Management Manual and will treat all water prior to discharge. Since the applicant will discharge stomnwa#er runoff directly to Yelm Creek, he must obtain an MPDES permit. The applicant also provided a Hydrvgealogic Report prepared by a licensed hydrologist showing that the bottom of the starmwater infiltration pond wiA measure at least six feet above the current high ground water level. The applicant will import several feet of fil tv 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. 2Q. The City of Yelm will provide sanitary sewer service, potable water, and fire flaw to the site subject to payment of connection fees and constructing improvements required to serve the site and lets. The applicant will satisfy transportation infrastructure improvements by malting frontage improvements along Crystal Springs Rvad 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 wi11 satisfy the traffic facility charges atthe 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 Schvvls which will offset the impacts on the district of school aged children residing in the PRD. G~NCLIJStQNS: 1. The Hearing Examiner has jurisdiction tv consider and decide the issues presented by this request. 2. The applicant has shown that the request far a planned residential district satisfies all criteria set forth in Chapter 1 T.fifi YMC and has also shown that the project satisfies all applicable criteria in the City's Critical Area Cvde. Furthermore, the applicant has shown that the project is consistent with the Rural Shoreline Environment of the SMMP and meets ail 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 ofNon-significance are hereby referenced and are considered conditions of this approval. 2. No structures shall be constructed within the 10t]-year flovdpiain as shown on the FEMA Flaod Insurance Rate Maps as published yr as amended through a Letter of Map Amendment. 3. Preliminary approval of this Planned Residential Development is subject tv 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 suing 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 tv 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. Ali dwelling uni#s 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. Ali requirements for cross connection control as -8- required in Section 245-29D-49i]'WAC shall be met by the applicant. A master water meter shaA serve the entire project, and shat! be located in the right-of-way of Crystal Springs Road. 5. As required by Chapter 17.50 YMC, in no case shall the setbacks within the planned residential development be less than 2d feet from exterior property lines. The civil plans shall include a revised site plan illustrating how the 20 foot setback requirement far a Planned Residentia! Development has been met, mast likely through the elimination of units 5, 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 shaA 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 uni# within the Planned Residential Development. Such private open space is tv 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 in#iltraton of stromwater in accordance with the 1992 DDE Stompwater Manual, as adopted by the City of Yelm. Best Management Practices (BMP's} are required during construction. A 1 D~foot setback from all property lines and easements are required for stormwater facilities. The final stvrmwater system shall be held in common by the Condominium Association and the Agreement shall include previsions for the assessment of fees against individual lots far 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 fnal site plan approval. The applicant. shaA -9- submit fire flaw 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. Givil plan submittal shat! 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){fi} YMG. The impact fee for 2x07 is $0.21fi per square font 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 fl 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 $ 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 draught tolerant shrubs and bark instead of grass. Type V landscaping shal4 be displayed within all stormwater retentionldetention facilities. AH planting strips and required landscaping located in Crystal Springs Road sha11 be served by an irrigation system with a separate water meter and an approved backflow preventive device. The applicant sha11 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 tv 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. 1fi. The applicant shall work with agencies with jurisdiction tv remove grasslweeds from the Yelm Creek creekbed in areas adjacent tv the parcel and downstream from the Crystal Springs Road culverts. -10- aECISIaN: The request for a planned residential district derrelopment and shoreline substantial de~elapment permit far the Jack Long project located vn the east side of Crystal Springs RvadlEdwards Street ^pposite their intersection with Coates Street within the City of Yelm is hereby granted subject to the conditions contained in the eonclusivns abawe. ~DRDERED this ~~day of ..~ t _, 2007. SIN K. +fLAI Heari q Examiner TRANSMITTED this ~~~day of ~ ~~.~,~. , 2007, #v the fallowing: APPLICANT: Jack Lang 111 5th Street NE Auburn, WA 9$002 €]TNERS: Mike Killion P.C. Box 764 Yelm, WA 98597 Jack Lang 111 9th Street Auburn, WA 980x2 Flayd W_ Cummings P.4. Bvx 24 Yeim, WA 98597 Jean Marie Christenson P.C. Box 971 Rainier, WA 985TH Jeff Mcl nnis 535 Dvck Street, Suite 213 Tacoma, WA 98402 -11- ,. AGENT: Petra Engineering LLC 535 I7vck Street, Ste. 213 Tacoma, WA 9$402 GITY: City of Yelm Tami Merriman 105 Yelm Avenue West P.G. Box 479 Yelm, Washington 98597 -12-