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NOD20180242 City of Yelm Site Plan Review Committee 105 Yelm Avenue West Yelm, WA 98597 NOTICE OF DECISION DATE: September 11, 2018 PROJECT NAME: Yelm Auto Recycle PROJECT LOCATION: 939 NP Road SE, Yelm, WA PARCEL NUMBER: 64300900200 CASE NUMBER: 20180242 NOTICE IS HEREBY GIVEN that the Community Development Department issued a site plan review approval to NPR Holdings, LLC at the above referenced location. The complete decision may be viewed on the City’s website at www.yelmwa.gov and choosing ‘Document Library’ then ‘Currently Under Review’ from the menu system. A copy of the decision may also be obtained at the Community Development Department in City Hall at 105 Yelm Avenue West, Yelm, WA 98597 during normal business hours for a fee of 15 cents per page. For additional information, please contact the Community Development Department at 360-458- 3835. Page 2 of 11 City of Yelm Site Plan Review Committee 105 Yelm Avenue West Yelm, WA 98597 Site Plan Review 20180242 Findings of Fact, Conclusions of Law, and Decision FINDINGS OF FACT 1. NPR Holdings, LLC proposes to develop the land located at 939 NP Road SE, identified by Assessor’s Tax Parcel Number 64300900200. 2. The property is approximately 13.92 acres and is currently vacant. 3. The property is zoned Industrial District (I) which is codified at Chapter 18.39 YMC. The Industrial district is intended to provide for the location of industrial activities. Auto wrecking yards are an allowed use in the Industrial zone. [Section 18.39.020(B) YMC]. 4. NPR Holdings, LLC submitted a site plan review application on June 26, 2018, and it was determined to be complete on June 26, 2018. The applicant proposes to construct an auto wrecking yard, with 4 buildings to be used as office, storage and maintenance space with on-site parking, and storage for vehicles. The application materials included a preliminary site plan, preliminary drainage report, and environmental checklist. 5. As required by Section 18.10.050 YMC, the Yelm Community Development Department mailed a Notice of Application to local and state agencies and surrounding property owners on July 9, 2018. In addition, the notice was published on the City’s website on July 9, 2018 and published in the Nisqually Valley News on July 13, 2018. No comments were received. 6. The Community Development Director, as Yelm’s Responsible Official to implement the State Environmental Policy Act (SEPA), issued a Mitigated Determination of Nonsignificance for the proposal on August 3, 2018. Mitigation measures include an updated drainage report, and an approved spill and containment plan to be submitted with civil plan submission. 7. Comments were received from the Washington Department of Ecology (ECY), which noted that the project is subject to existing regulations regarding toxics and waste cleanup, water quality, and Construction Stormwater Permit requirement. 8. Chapter 18.16 YMC requires a determination that the infrastructure 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. a. Concurrency with sewer infrastructure means the project is within an area approved for sewer pursuant to the adopted sewer comprehensive plan for the City and improvements necessary to provide facilities and services are present to meet the needs of the proposed development. The site is not currently connected to the City sewer system. Connection to the sewer system satisfies concurrency requirements. b. Concurrency with water infrastructure means 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 services are present. The site is not currently connected to the City water system. Connection to the water system satisfies concurrency requirements c. Concurrency with transportation infrastructure means that the project completes frontage improvements, makes off-site improvements required for the safe movement of traffic and pedestrians if impacted by traffic from the development, and pays a traffic facilities charge. The parcel fronts NP Road SE. NP Road is considered a Commercial Collector Street, but is not constructed to City Standards. The applicant has requested a deferral of frontage improvements based on low traffic generation. A signed agreement for deferral of frontage improvements would meet concurrency requirements. Dedication of right-of-way is needed to provide for future frontage improvements. d. Concurrency with school infrastructure means the developer pays a school impact fee at the time of construction. The proposal will have no impact on the School system as it will not increase student population. e. Concurrency with fire protection means the developer pays a fire impact fee at the time of construction. Payment of the Fire Impact Fee at the time of building permit issues satisfies concurrency requirements. Page 4 of 11 9. Title 18 YMC is the Unified Development Code for the City of Yelm and establishes standards for development within the various zoning districts. The subject property is identified by the Zoning Map as being within the Industrial zoning district. The City of Yelm sewer treatment facility and a Heavy Equipment storage facility is located to the southwest, vacant and residential uses on industrial zoned property to the east, and industrial zoned properties including vacant land and residential uses to the north. a. Auto wrecking yards are an allowed in the Industrial zoning district as a permitted use. [Section 18.39.020(B) YMC] b. Setback requirements for the Industrial zoning district are 15 feet from front, side, and rear yards. [Section 18.39.040 YMC] The conceptual site plan shows conformance with this requirement. c. Buildings in the Industrial zoning district may be up to 40 feet in height. [Section 18.39.040 YMC]. The conceptual site plan shows conformance with this requirement. d. Chapter 18.52 provides guidance for Ingress and egress. The applicant proposes three (3) entrances to the site. One entrance off an easement access road, a main entrance on NP Road, and a delivery entrance on NP Road. Industrial driveway widths shall not exceed 50 feet and meet minimum industrial driveway standards found in the Yelm Development Guidelines. There is a 40-foot access easement along the southern property line, serving the City of Yelm Reclaimed Water facility with a security gate. The conceptual site plan shows an entrance to the facility from this easement road. The City of Yelm security gate shall be moved to the north of the proposed driveway entrance. e. Industrial uses require one parking space per employee based on the greatest number of employees on a single shift, plus one square foot parking per square foot of display or retail area, plus one space for each vehicle owned, leased or operated by the company, one of which must be a van accessible handicap parking. The conceptual plan shows 22 spaces with adequate accessible handicap stall. The proposed parking exceeds the minimum parking requirements. 10. Title 18 YMC provides guidance and regulation for site planning during development. Chapter 18.55 establishes landscaping requirements for various types of development. a. Perimeter landscape includes an 8 foot planter area with a combination of evergreen and deciduous trees. The conceptual site plan shows adequately sized perimeter landscape areas. Page 5 of 11 b. Pedestrian corridors require streetscape landscaping to provide visual relief and separation of pedestrians from streets and parking areas. This is landscaping is achieved with frontage improvements. The applicant has requested a deferall of frontage improvements. If approved, the pedestrian corridor landscape would be included in the deferral. c. Parking lot landscaping is intended to provide visual relief and shad in parking areas. The conceptual site plan shows adequately sized parking lot landscape areas. Although not specifically called out on the conceptual site plan, the applicant proposes to fence the property for security purposes. Chain link fencing is not allowed when visible from a public right-of-way. Solid wood or other fencing material should be considered where visible. A detailed landscape plan, including fencing and screening detail shall be submitted with civil construction plans. d. Chapter 18.57 requires the preservation of existing trees during construction. No existing trees shall be removed until a decision is made regarding the feasibility of preserving existing trees. All site plans shall include the location of all trees to be retained and removed exceeding eight inches in diameter. e. Chapter 18.59 requires trash enclosures to be incorporated into the architectural feature of the primary structure and landscaping. The enclosure shall be constructed of CMU, wood or architectural steel, with gates of similar durable materials. [Section 18.59.040 YMC] f. Section 18.59.050 YMC provides guidance for illumination. Walkways shall be lit to a minimum of 2 foot candles. Parking lot illumination levels shall not exceed 0.1 foot candle at five feet past the edge of the property line(s). Fixtures shall be mounted to a maximum of 20 feet above grade. g. Mailboxes for the site shall be cluster box units (CBU) and placed on site. [Section 18.59.080 YMC] h. Section 18.51.050 requires that outside storage shall be maintained in an orderly manner consistent with good housekeeping practices and shall be effectively fenced and screened from all residential areas and public rights-of-way. i. Pedestrian circulation is required from parking lots to buildings and from public sidewalks. The conceptual site plan shows future public sidewalk connection to the building. Pedestrian pathways from the dealership parking area shall be established to the building. Page 6 of 11 j. Building details shall include elements to enhance the building such as decorated rooflines, window and door treatments, and blank wall shall be treated by vertical trellis or enhanced landscaping. 11. The Yelm Critical Areas and Resource Lands, Chapter 18.21 YMC provides protection for critical aquifer recharge areas, frequently flooded areas, wetlands, geologically hazardous areas, and fish and wildlife habitat conservation areas. a. All of Yelm is identified as a critical aquifer recharge area. Compliance with Federal, State, and County water source protection regulations and with the City’s adopted stormwater regulations is required to protect the aquifer. [Section 18.21.070 (C) YMC] b. The Mazama Pocket Gopher has been listed as a threatened species by the Washington Department of Fish and Wildlife since at least 2008. Yelm has protected this species through the implementation of the Critical Areas Code. When a development occurs on property suspected to be occupied by the Mazama Pocket Gopher, the Community Development Department has required the applicant prepare a critical areas report which would include mitigation measures if it was determined that pocket gophers would be impacted by the proposed development. The Washington Department of Fish and Wildlife is provided with notice of all threshold determinations issued pursuant to the State Environmental Policy Act and the City consults with the Department when a critical areas report is required. In April, 2014, the U.S. Fish and Wildlife Service listed the Yelm subspecies of the Mazama Pocket Gopher as threatened under the Endangered Species Act. While the City of Yelm is not responsible for implementation or enforcement of the Endangered Species Act, it consults with the Service and provides notice to applicants that the pocket gopher is a federally protected species and a permit from the U.S. Fish and Wildlife Service may be required. Visual reconnaissance from City staff show no indications of Mazama Pocket Gophers or Prairie Habitat found on the project site. The site is mostly covered by trees and vegetation. Compliance with Yelm’s requirements under the Critical Areas Code does not ensure compliance with the provisions of the Endangered Species Act. The applicant should contact the US Fish and Wildlife Service with any questions about compliance with Federal standards for threatened species. 12. Chapter 13.04 YMC and Chapter 6 of the Development Guidelines establish requirements for connection to the City’s water system. Page 7 of 11 a. Water service connections are by a service line and water meter in the public right- of-way. [Section 13.04.110 YMC]. New service connections are calculated at 875 cubic feet per equivalent residential unit (ERU). [Section 13.04.120 YMC]. b. The site is not currently connected to City water service. There is a 12-inch service main located on NP Road. This main was required to be installed by a developer of properties north of this site. There is a water latecomers’ fee associated with this parcel in the amount of $24,481.76 plus interest. This latecomer fee is required to be paid at the time of connection to the water system. c. If the proposed use will use more than 875 cubic feet of water per month, additional water connections will be required. An engineers estimate of water usage is required to determine water connection requirements. d. The City implements a cross-connection and backflow control program pursuant to Title 43 RCW and Chapter 248-54 WAC. [Section 13.04.220 YMC] A backflow prevention assembly is required to protect Yelm’s water system from cross- connections from all new development. [Section 13.04.220 (D)]. 13. Chapter 13.08 YMC and Chapter 7 of the Development Guidelines establish requirements for connection to the City’s sewer system. a. The property is located in the City of Yelm’s STEP sewer system service area, and is not connected to the City of Yelm’s STEP sewer system. There is an existing 4- inch sewer main located on N.P. Road. Connection to City sewer service is required. This main was required to be installed by a developer of properties north of this site. There is a sewer latecomers’ fee associated with this parcel in the amount of $15,301.37 plus interest. This latecomer fee is required to be paid at the time of connection to the sewer system. b. This parcel was part of the City of Yelm LID 1. The assessment is paid in full. As part of a purchase and sale agreement for the access easement to the Yelm Reclamation Facility, the City agreed to pay for 1 sewer connection. There are 14 sewer ERUs associated with this property. The number of sewer connections are based on water usage. c. The tank shall be a minimum 1,500 gallon with a 20 mgd pump. The tank is required to be a Class 1 Division 1 Commercial STEP system. d. S.T.E.P. tanks must be accessible to City staff for routine maintenance and pumping. e. The discharge of waste containing fats, oils, or greases in excess of 100 mg/l to the S.T.E.P. tank is prohibited. [Section 13.08.080 (B) YMC] Page 8 of 11 If the use has the potential of generating fats, oils, or greases to the S.T.E.P. tank, requiring an oil/water separator or a grease interceptor would ensure compliance with Section 13.08.080 (B) YMC. 14. All of Yelm is considered a critical aquifer discharge area. The control and treatment of stormwater is required to protect the critical aquifer. The City has adopted the latest edition of the Stormwater Management Manual for Western Washington (SMMWW) published by the Washington Department of Ecology. [Section Chapter 18.27 YMC]. The project as proposed triggers a Department of Ecology Industrial Stormwater General Permit and/or a Department of Ecology Construction Stormwater General Permit. (SWPPP). Preliminary review of the proposed stormwater report, a bioretention swale is identified but the swale does not meet the minimum requirements for a swale. The design of the selected facility type needs to meet the design requirements of the SMMWW. Peer review comments are attached and incorporated into this approval. 15. Frontage improvements are required as part of development in the City. [Section 18.16.050 YMC] a. Frontage improvements are required for all new development within the city, including change of use that requires a site plan review approval. The property fronts N.P. Road, and is considered a Commercial Collector. Section 18.16.080 (C) YMC allows the City to determine when frontage improvements are required, and under certain circumstances may permit deferral of installation of such improvements to a later date. The applicant has requested a deferral of frontage improvements based on low traffic generation. There is public benefit in coordinating small improvements with a larger project such as through local Improvement Districts (LID). Deferred frontage improvements shall be secured for installation at a later date by a waiver of protest, and commitment to participate in a local improvement district. Any required right-of-way shall be dedicated prior to occupancy. b. Traffic Facilities Charges are based on the Institute of Traffic Engineers Trip Generation guide. Auto wrecking yards are not listed specifically, so the most similar classification is used. For the Auto Wrecking Yard, the General Light Industrial Classification (Land Use 110) was the most similar creating an average of .98 new pm peak hour trips per 1,000 sq. ft. Page 9 of 11 CONCLUSIONS OF LAW A. Section 18.13.020 (B) YMC allows the Site Plan Review Committee to approve a proposal when the preliminary site plan conforms to the standards, provisions and policies of the city as expressed in its various adopted plans and ordinances. B. NPR Holdings, LLC has established that the request for site plan review approval can satisfy all criteria set forth in Section 18.13.020(C) YMC, meet all requirements of the Industrial District zoning classification, and meet all other requirements of the Yelm Municipal Code. Therefore, the preliminary site plan should be approved subject to the following conditions: 1. Connection to City sewer service is required. All onsite septic systems shall be abandoned per Thurston County Department of Health standards. The STEP tank shall be a minimum 1,500 gallon with a 20 mgd pump. The tank is required to be a Class 1 Division 1 Commercial STEP system. Any potential of fats, oils or greases to the sewer system requires an oil/water separator or grease interceptor. The tank shall be accessible to City staff at all times. 2. If the use has the potential of generating fats, oils, or greases to the S.T.E.P. tank, requiring an oil/water separator or a grease interceptor would ensure compliance with Section 13.08.080 (B) YMC. 3. The sewer latecomer fee shall be paid at the time of connection to the sewer system. 4. One sewer connection shall be paid by the City as part of a purchase and sale agreement for the access easement to the Yelm Reclamation Facility. 5. Connection to City water service is required. An engineer’s estimate of water usage is required to determine water connection requirements. 6. The water latecomer fee shall be paid at the time of connection to the water system. 7. A reduced pressure backflow assembly is required at the current water meter. 8. Payment of a Fire Impact Fee is due at the time of building permit issuance. 9. The City of Yelm Reclamation Facility security gate located on the easement road shall be moved west past the parking lot entrance to the site. 10. Perimeter landscape shall include an 8-foot planter area with a combination of evergreen and deciduous trees, and shrubs. Parking lot landscaping is required in parking areas. A detailed landscape plan is required as part of civil plan submission. Page 10 of 11 11. The landscape plan shall show detail of fencing visible from the public right-of-way to meet the design guideline requirements of fencing other than chain link, and Outside storage shall be effectively screened. 12. A tree preservation plan is required for all trees to be retained and removed exceeding eight inches in diameter. 13. Trash enclosures shall be enclosed and landscaped pursuant to Section 18.59.040 YMC, and location approved by Pacific Disposal. 14. Walkways shall be lit to a minimum of 2 foot candles. Parking lot illumination levels shall not exceed 0.1 foot candle at five feet past the edge of the property line(s). Fixtures shall be mounted to a maximum of 20 feet above grade. 15. Mailboxes shall be cluster box units and located on site. 16. Buildings shall meet the design standards of Chapter 18.61 YMC. 17. Civil plan submission shall include an updated stormwater report based on peer review comments attached, an approved spill and containment plan, and a Construction Stormwater Permit application submission. 18. An Agreement and Waiver of Protest for the deferral of frontage improvements on NP Road shall be recorded. Right-of-way dedication on NP Road shall be required. 19. Traffic Facilities charges are due at the time of building permit issuance, based on total gross floor area. 20. 21. All access, drive lanes and parking areas must be improved with an approved all- weather surface such as asphalt or concrete, and pedestrian pathways of different texture such as stamped concrete. C. The site plan is valid for eighteen (18) months from the date of this approval. The applicant may request a six-month extension on the approval, if the request is made in writing prior to the expiration date of this approval. Page 11 of 11 DECISION The request for site plan review approval is hereby granted subject to the conditions contained in the conclusions above. Dated this 11th day of September, 2018 _______________________________ _______________________________ Grant Beck, Chad Bedlington, Community Development Director Public Works Director Prepared this 11th day of September, 2018 _________________________ Tami Merriman, Associate Planner APPEAL The Site Plan Review Committee’s decision in this matter may be appealed pursuant to Chapter 18.10 YMC, to the City of Yelm Hearing Examiner no later than 21 days from the date of this decision. An appeal must be in writing, contain specific factual objections, and include the appeal fee of $1,250.00. 8730 Tallon Lane NE, Suite 200  Lacey, WA 98516  Office 360.352.1465  Fax 360.352.1509  scjalliance.com July 20, 2018 Tami Merriman, Associate Planner City of Yelm Community and Economic Development Department 105 Yelm Avenue West Yelm, WA 98597 Re: Peer Review – NPR Recycling SCJ Project No. 0605.05 Task 41 Dear Tami: The City has requested SCJ Alliance to conduct a preliminary peer review of the proposed stormwater management system for the NPR Recycling projecting including a review of the Preliminary plans and Preliminary Drainage Report in accordance with the 2014 Stormwater Management Manual for Western Washington. This review consisted of the following documents: · City of Yelm Administrative Site Plan Review Application · Preliminary Plans dated 6/1/2018 · Preliminary Drainage Report dated June 2018 Review Understanding: Previously, City of Yelm policy was that all storage yard areas that had any possibility of waste, auto’s, or whatever, were to be paved to meet stormwater treatment. In the recent past, there has been a switch that gravel storage be allowed, if it meets the 2014 Stormwater Management Manual for Western Washington (referred to as the stormwater manual for the remainder of this letter). The purpose of this review is to establish whether the proposed design meets the stormwater manual requirements and comment on any changes that are required. The stormwater manual generally defines gravel surfaces as impervious surfaces, therefore the drainage design as provided meets the intent of the stormwater manual. We also made the following observations regarding the drainage design: General Comments 1. Per the plans provided, a bioretention swale is identified but the swale does not meet the minimum requirements for a swale. (e.g. bioretention swales imply longitudinal slopes or a method of conveyance) Please clarify if the design intent is as a bioretention swale or a bioretention cell. The design of the selected facility type then needs to meet the design requirements of the stormwater manual. 2. The project must incorporate BMP T5.13 Post Construction Soil Quality and depth within landscaped areas. July 20, 2018 Page 2 Preliminary Plans 3. Sheet P1.1 – Grading construction note #4 references a v-bottom ditch but appears to callout a pipe in the plan. Preliminary Drainage Report 4. Applicable references, charts and figures within the preliminary drainage report need to reference the 2014 version of the stormwater manual. 5. Document the 6-month, 24-hour rain event can infiltrate through the facility within 48 hours in accordance with SSC-4 of the 2014 stormwater manual. 6. Part 4 - MR #6 is not addressed within the drainage report. 7. Part 5.1 - The detention volumes represented for the proposed facilities is not shown in the WWHM output. Confirm the detention volumes are correct or demonstrate basis of volume calculations. Should you have any questions or comments, please contact me at (360)352-1465 at your earliest convenience. Sincerely, SCJ Alliance Jared VerHey, PE Project Manager N:\Projects\0605 City of Yelm\605-05 Civil Plan Reviews\Phase 41 - NPR Recycling\Correspondence\To\Yelm