Loading...
20160235 TT PhII DivII Staff Report STAFF REPORT City of Yelm Community Development Department Case Number: 20160235 Tahoma Terra Phase II, Division II Subdivision Applicant: Tahoma Terra Holdings, LLC PO Box 73790 Puyallup, WA 98373 Agent: KPFF Consulting Engineers 612 Woodland Square Loop SE, Suite 100 Lacey, WA 98503 Request: Subdivide approximately 32 acres into 198 single family residential lots, in a 2-phased development. Public Hearing Date: July 25, 2016 Recommendation: Approval with conditions Proposal The applicant proposes to subdivide a 32 acre tract within the Tahoma Terra Master Planned Community into 198 residential lots for single family dwellings in a 2 phased development. The first phase includes 62 lots with access and utility service from the existing Tahoma Terra Phase II, Division 1 subdivision. The remaining 136 lots will be constructed at a later date. This property received preliminary subdivision approval for 198 lots in October 2007, preliminary subdivision approval 20070187. Under normal circumstances, a preliminary subdivision is approved for 5 years. The State of Washington approved several extensions for preliminary subdivision approvals, most recently 10 years if the subdivision was approved prior to December 31, 2007. \[Section 58.17.140 RCW\] Even though this preliminary subdivision approval has not expired, the applicant is proposing a change to the subdivision by phasing the development, constructing 62 lots now, with the construction of the remaining 136 lots at a later date. Phasing was not reviewed or approved as part of the original approval, and that is what is under review at this time. Page 1 of 13 Attached to this staff report is the original Hearing Examiner approval with supporting City staff report for the original 198 lot subdivision. This staff report will analyze items that are changed based on the phasing plan. Property Characteristics The property is located within the Tahoma Terra Master Planned Community, specifically in the Final Master Plan Area West of Thompson Creek and is identified by Assessor’s Tax Parcel Numbers 78640000019, 78640000020, and 78640000033. The final master plan designates this area as low density residential 4 to 6, a single family zoning district similar to the low density residential zoning for the City with the following exceptions:  Up to 25% of the housing units may have no garages if they can demonstrate sufficient on street parking is available at a parking ration of 2 spaces per housing unit.  The allowed density is a minimum of 4 units, and a maximum of 6 units per gross acre.  Front yard setbacks are 10 feet, except modulation is required within a 10 unit block, and driveway approaches must be 18 feet. Side yard setbacks are 5 feet, flanking yard setbacks are 10 feet, and rear yard setbacks are 20 feet.  Accessory structures may be located 3 feet from side or rear property lines. 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 site on June 13, 2016, as well as published in the Nisqually Valley News in the legal notice section on June 17, 2016. Notice of the date and time of the public hearing before the Hearing Examiner was posted on the project site, mailed to property owners within 300 feet of the site, and mailed to the recipients of the Notice of Application on July 13, 2016. Notice of the public hearing was published in the Nisqually Valley News in the legal notice section on Friday, July 15, 2016. 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 and water quality. ECY also provided a statement regarding water rights. This statement has no bearing on this project, as water supplied for this project is pursuant to an agreement between the City and the applicant which is detailed later in this report. State Environmental Policy Act The City of Yelm SEPA Responsible Official issued a Mitigated Determination of Non significance (MDNS) based on Section 197-11-158 WAC on May 24, 2005. This determination is final and fulfills the City’s responsibility for disclosure of potential significant environmental impacts. The MDNS contains certain conditions designed to mitigate identified potential significant adverse impacts during review of the environmental documents. An analysis of the status of the Page 2 of 13 conditions of approval was provided in the original staff report. Analysis of items specific to the proposed phasing plan are provided below in italics: Mitigating Measure #2. The applicant shall be responsible for the following transportation improvements:  Prior to the final subdivision approval of any lots the applicant shall reconstruct Longmire Street to a modified collector standard from the project entry to Yelm Avenue West (SR 510). This improvement has been completed, including the provision of a sidewalk on the one side of the street and planter strips and street trees on both sides. Since the street project did not include irrigation within the planter strips, these planting areas are in poor condition. Subsequent to the approval of the civil plans for the Longmire Street Improvement, the City has begun requiring drought tolerant plantings in required planter strips and including limited use of grass and irrigation. It would be appropriate for the developer to be required to restore the planter strips with drought tolerant plantings meeting current standards prior to final approval of the latest division of the Tahoma Terra Development.  Prior to the approval of any development permit (including a final subdivision) which includes the 90th peak P.M. trip generated from the project, the applicant shall construct a center left-turn lane on Yelm Avenue West (SR-510) at the Longmire Street intersection with sufficient storage to serve the anticipated traffic volumes generated by the project. This required improvement has been completed.  Prior to the approval of any development permit (including a final subdivision) which includes the 513th peak P.M. trip generated from the project, construction of the Killion Road Boulevard extension from the property to Yelm Avenue West (SR-510) along with the realignment of Killion Road, a traffic signal, and left turn lanes on all four legs of the intersection with sufficient storage to serve the anticipated traffic volumes generated by the project. This required improvement was completed through the Yelm Avenue West Local Improvement District, and properties within the Tahoma Terra Master Planned Community were assessed a proportionate amount of the cost.  Prior to the approval of any development permit (including a final subdivision) which includes the 1,100th peak P.M. trip generated from the project, reconstruct Mosman Avenue to modified collector standards from Longmire Street to 1st Avenue (SR-507) and the Mosman Avenue/1st Avenue intersection to include realignment and a center left-turn lane on 1st Avenue (SR-507) with sufficient storage to serve the anticipated traffic volumes generated by the project. th The present application will not trigger the 1,100 peak PM trip. Page 3 of 13  Prior to the approval of any development permit (including a final subdivision) which includes the 1,301st peak P.M. trip generated from the project, define and construct the Mosman Avenue connector between Longmire Street and Solberg Street OR; continue the Boulevard to SR 507 through the Thurston Highlands property. st The present application will not trigger the 1,301 peak PM trip. Mitigating Measure #5. Prior to the approval of any development permit (including a final subdivision) beyond the 89th lot, the applicant shall convey water rights to the City of Yelm sufficient to serve the proposed use within that area of the final master site plan and the first 89 lots. The conveyance shall be made to the City through a water rights agreement between Tahoma Terra, LLC and the City of Yelm. This condition is not applicable if the City obtains water rights through the Department of Ecology which are sufficient to serve the projected density of the City, its urban growth area, and the subject property. Water rights equivalent to 513 connections have been conveyed. Previous approvals within Tahoma Terra account for 451 connections, leaving 62 connections available. Conceptual Master Plan Approval The Conceptual Master Site Plan approval was issued with conditions designed to ensure that subsequent final master site plans and development applications are consistent with the policies of the Yelm Comprehensive Plan. An analysis of the status of the conditions of approval was provided in the original staff report. Analysis of items specific to the proposed phasing plan are provided below in italics: Condition #1. The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. The applicable conditions of the Mitigated Determination of Nonsignificance have been met, as analyzed in the previous section. Condition# 7. For every 300 single family detached, duplex, or town home dwelling units, 48 multi-family units shall be constructed. The multi-family dwelling units required to meet the prescribed ratio shall be under construction prior to issuance of building permits for the next block of single family dwelling, duplex, or town home dwelling units. There are currently 415 single family lots within Tahoma Terra subdivisions that have been recorded. The first 48 multi-family dwelling units are complete. The second 48 unit block of multi-family units would be within the higher density land use designations within Phase II and must in construction prior to the issuance of a building permit for any single family dwelling, Page 4 of 13 duplex, or townhome that reaches dwelling unit number 601. That number will not be reached during the proposed first phase of this subdivision, but will be reached during phase II of this subdivision. Condition #11. A minimum of 55 acres (25% of the site) shall be identified as permanent open space with a variety of formal and informal recreational improvements. Prior to dwelling construction in any development, land equivalent to five percent of the gross area of each Final Master Plan area shall be developed within the community park area. At final build-out, more than the minimum required open space will be retained within the Thompson Creek corridor, including a walking path around a wetland. The existing preliminary subdivision approval required the completion of a neighborhood park on Tahoma Boulevard, the first half of which was constructed as part of Phase II, Division I subdivision. Since the time of the original approval, the City has acquired that land for a water treatment facility and reservoir. The approximately 3 acres of park, that is now the site of the City water facility, is not required to be replaced within this subdivision. Condition #12. Every final master plan shall include provisions for one pocket park for every 50 residential units within a neighborhood. Larger ‘community’ parks of between ½ acre and 5 acres which are centrally located may be substituted for half the required ‘pocket’ parks at a ratio of 1 acre for every 50 lots. This proposal provides for the required pocket park. Final Master Plan Approval The Final Master Plan Approval for the area West of Thompson Creek was approved in June 2006. From that time, development applications for subdivisions are reviewed for compliance with City regulations and regulations amended by the final master plan approval. The original subdivision approval reviewed these regulations and found that the subdivision was in compliance with the Final Master Plan Approval. Analysis of items specific to the proposed phasing plan are provided below in italics: Lot sizes and density The phased proposal does not show lot size or density change. Setbacks and Building Height Building setbacks, height and modulation plans will be reviewed at the time of building permit issuance. The modulation plan shall be submitted prior to the first building permit application. Page 5 of 13 Parking and Access The phased proposal does not show changes to parking or individual lot access. Streets and Pedestrian Mobility The existing subdivision approval requires the completion of Tahoma Boulevard to the western most boundary of Tahoma Terra for future connection in the Thurston Highlands. The phased proposal for the first 62 lots provides 2 accesses from the existing Phase II, Division I development which connects with Tahoma Boulevard, and provides sidewalk connections. The completion of Tahoma Boulevard is required at the construction of the remaining 136 lots. The phased proposal does not request changes to required internal street standards. The construction of the second phase of this subdivision will provide for future road connections. There is a concern regarding additional homes with just one access from Tahoma Boulevard. A temporary fire lane from the south of road “A” would allow for emergency ingress and egress if the other entrance to the Boulevard is compromised. The temporary access lane should be constructed to join with the temporary access lane to the City Well Site. The end of road for both north and south of road “A” shall be barricaded. Street Lighting The phased proposal does not request to change required street lighting. Potable Water The phased proposal does not request to change required water connection, meter or infrastructure requirements with the exception that the infrastructure would be built to serve the first 62 lots, with appropriate provisions for future extension to serve the remaining lots. The water right agreement discussed in the concurrency section of this document shows that the applicant has 62 water connections available. Sanitary Sewer The phased proposal does not request to change required sewer connection or infrastructure requirements with the exception that the infrastructure would be built to serve the first 62 lots, with appropriate provisions for future extension to serve the remaining lots. Reclaimed Water The phased proposal does not request to change required reclaimed water connection, with the exception that the infrastructure will be installed with the completion of Tahoma Boulevard. Stormwater The phased proposal does not request a change in stormwater treatment or disposal. Stormwater retention/detention facilities for this Phase and division were constructed during the Phase II, Division I subdivision construction. The stormwater report states that the facilities were intended to be in a temporary location. A Letter of Understanding, dated May 24, 2016, between the Tahoma Terra Master Planned Community and the City \[attached\] provides for additional water quality standards for Page 6 of 13 stormwater. These specific stormwater improvements and conditions shall be reflected in an updated stormwater report. If the developer relocates the existing stormwater management pond system south of Tahoma Boulevard, any new facilities constructed as replacements will be designed to the most current Department of Ecology design standards for water quality, however, maintaining the 1992 manual for retention/detention. Landscaping The phased proposal does not request to change required landscape requirements. Parks and Recreation The phased proposal does not request to change required parks, however as analyzed in the SEPA Mitigating Measures above, a portion of the Community Park area is now a City water treatment facility. The applicant is not required to replace these 3 acres. Concurrency The intent of the City’s concurrency management program, as required by the Growth Management Act, is based on the maintenance of specified levels of service through capacity monitoring, allocation and reservation procedures. Concurrency describes the situation in which water, sewer and/or transportation facilities are available when the impacts of development occur. \[Section 18.16.020 YMC\] Water The level of service for water infrastructure is the ability to provide potable water to the consumer for use and fire protection in accordance with adopted health and environmental regulations. \[Section 18.16.030 YMC\] Concurrency for subdivisions is met when, at the time of preliminary approval, the planned infrastructure identified in the six-year improvement program and water rights acquisition program of the water system plan are sufficient to provide for the proposed land division. The State Subdivision Act, Chapter 58.17 RCW, requires that the City of Yelm make a written determination that appropriate provisions are made for potable water supplies as part of the preliminary land division process. The City has been planning since 1994 for the acquisition of new water rights, which were approved by the Washington State Department of Ecology in 2010. This approval was appealed and was upheld by the Pollution Control Hearings Board and by Superior Court, but was overturned by the Washington Supreme Court on October 8, 2015. Page 7 of 13 While the City expects to re-apply for additional water rights after addressing the legal shortcomings of the previous application, it has not yet made application with the Department of Ecology, and has no indication from Ecology how long it might be to process a new application. A preliminary subdivision is valid for 5 years of the date of approval. \[Section 58.17.140 RCW\] Once preliminary subdivision approval is granted, civil plans are prepared, approved, and the construction, inspection, and approval of required improvements such as streets, sidewalks, water and sewer mains, and stormwater facilities is completed. A final subdivision is then submitted for approval by the local legislative authority. Only after final subdivision approval can homes be constructed on the new lots and the water demand is seen. As stated previously, the Tahoma Terra Master Planned Community has 62 water connections available. These connections will be used for the lots created in Phase 1 of this subdivision. Per the agreement, the applicant must either supply additional water rights to serve all future development, unless the City obtains water rights through the Department of Ecology which are sufficient to serve the projected density of the City, its urban growth area, and the subject property. Concurrency for water infrastructure can be met for the proposed Phase 1 of this application. Phase 2 may not occur without additional water rights. Sewer Concurrency with sewer infrastructure is achieved pursuant to Section 18.16.050 (B)(2) YMC when the project is within an area approved for sewer pursuant to the adopted sewer comprehensive plan for the city and, at the time of preliminary approval, the planned infrastructure identified in the six year improvement program of the sewer system plan are sufficient to provide for the proposed land division and it is reasonable anticipated that the treatment plant has sufficient capacity to provide for the proposed land division. The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area and is not currently connected to the City’s STEP sewer system. There is existing sewer mains located Tahoma Terra Phase II, Division I. The development is required to connect to and extend these mains along all new proposed roadways within the subdivision. The improvements required to serve the project will be specifically identified during civil plan review. This satisfies the requirement for concurrency with sewer infrastructure. Page 8 of 13 Transportation Concurrency with transportation infrastructure is achieved pursuant to Section 18.16.050 (B)(2) YMC when the level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed land division unless the planned improvements identified in the six year transportation improvement program would maintain levels of service. The proposal provides for internal streets with connection to Tahoma Boulevard. The MDNS listed specific off-site improvements which specify transportation improvements that are necessary to meet City standards for the safe movement of traffic and pedestrians. The status of these improvements has been analyzed previously in this report. The City collects a traffic facility charge at the time of building permit issuance, including those building permits within the Tahoma Terra Master Planned Community. These conditions satisfy the requirement for concurrency with transportation. Fire Protection Concurrency with fire protection is achieved pursuant to Section 18.16.090(C) YMC when the developer makes a contribution to the fire protection facilities as identified in the most current version of the capital facilities plan adopted by the SE Thurston Regional Fire Authority and endorsed by resolution of the Yelm City Council. The Council has waived the fire impact fee by Resolution 533 until the SE Thurston Regional Fire Authority establishes a region wide impact fee. This fee is subject to change by City Council resolution and is collected at the time of building permit issuance. School Concurrency with school infrastructure is achieved pursuant to Section 18.16.090(B) YMC 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 has entered into a mitigation agreement with Yelm Community Schools. Evidence that the mitigation fee has been paid is required by the City prior to the issuance of a building permit. Page 9 of 13 Critical Areas Fish and Wildlife habitat conservation areas 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, Chapter 18.21 YMC. 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. As part of the review process for the subject application, Community Development Department staff reviewed soil maps, which show the area of the proposed project to be of low suitability as habitat for the pocket gopher. The property has been cleared, visual reconnaissance by City staff showed no evidence that the property contains any protected species. Based on these facts, the Yelm Critical Areas Code would not require the preparation of a special report prior to approval of the project. 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. Design Standards Mailboxes New residential development shall coordinate the US Postal Service for the location of mailboxes. Mailboxes shall be cluster box units (CBU). Placement of CBU mailboxes shall be placed in a location that does not interfere with individual driveway access, or pedestrian pathways. Page 10 of 13 Subdivision Name and Addressing A subdivision name must be reserved with the Thurston County Auditor’s Office prior to submitting for final subdivision approval. Addressing and street naming within the subdivision will be assigned or approved by the Community Development Department prior to application for final subdivision approval. Staff Recommendation Section 18.14.050 YMC requires written findings prior to a decision on a preliminary subdivision. The applicant has established that Phase 1 of the proposed phased subdivision adequately provides for the public health, safety and general welfare and for such open spaces, drainage ways, streets, sanitary wastes, parks and recreation, schools, sidewalks. Phase 2 however, shall not be constructed, as it is not possible to be reasonably certain that potable water will be available at the time homes would be constructed on the proposed lots. The subdivision, if conditioned, is in conformance with the Yelm-Thurston County Joint Comprehensive Plan, the Conceptual and Final Site Plan Approval for the Tahoma Terra Master Planned Community, the City of Yelm Unified Development Code, and the Yelm Development Guidelines. The Community Development Department recommends the Hearing Examiner approve the phased subdivision with the following conditions: 1. The conditions of the Mitigated Determination of Non-Significance are hereby referenced and are considered conditions of this approval. 2. The construction of Phase 2 of this subdivision shall not be allowed until the applicant provides water rights sufficient to serve the remaining Master Plan, or the City obtains water rights through the Department of Ecology which are sufficient to serve the projected density of the City, its urban growth area, and the subject property. 3. A temporary emergency fire lane meeting the International Fire Code requirements shall be provided at the south end of Road “A”, connecting to the City temporary access on Tahoma Boulevard. Page 11 of 13 4. Each dwelling unit within the subdivision shall connect to the City water system, pursuant to the terms of the water right conveyances, including the terms for issuance of building permits and water connection fees. 5. All conditions for cross connection control shall be met as required in Section 246-290- 490 WAC. 6. Each dwelling within the subdivision shall connect the City S.T.E.P. sewer system. The connection and inspection fees will be established at the time of building permit issuance. 7. Any irrigation systems for planting strips in the Boulevard and collector streets, any large open spaces, and stormwater tracts shall be served by an irrigation system utilizing reclaimed water where available and approved through a reclaimed water user’s agreement. Civil engineering plans shall identify proposed reclaimed water lines, meters, and valves pursuant to adopted City standards. 8. The final landscape plan submitted as part of the civil plan review shall include details of the active recreation component of each pocket park. The final landscape plans shall meet the standards of Chapter 18.55 YMC as amended in the final master site plan approval. All landscaping within City right-of-way, including all planter strips in the Boulevard and internal streets, shall include drought tolerant shrubs, a weed barrier, landscaping material, and drip irrigation. The final landscape plan shall also include the restoration of the planter strips on Longmire Street between the Tahoma Terra Master Planned Community and SR 507 with drought tolerant shrubs, a weed barrier, and landscape material. 9. The final stormwater plan shall be consistent with the 1992 DOE Stormwater Manual and amended pursuant to the Letter of Understanding between the Tahoma Terra Master Planned Community and the City, dated May 24, 2016. Stormwater facilities shall be located in separate recorded tracts owned and maintained by the homeowners association. The stormwater system shall be held in common by the Homeowners Association and the homeowner’s 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 lot utilizing individual drywells, unless the need for conveyance to the stormwater system is needed. 10. The civil engineering plans shall include the location of fire hydrants consistent with the Yelm Development Guidelines and applicable fire codes. The plan shall include fire flow calculations for all existing and proposed hydrants and the installation of hydrant locks on all fire hydrants required and installed as part of development. 11. The civil engineering plans shall include street lighting consistent with the final master site plan approval. 12. The civil engineering plans shall include an addressing map for approval by the Building Official. Page 12 of 13 13. The civil engineering plans shall include the proposed location and details for mailbox placement. 14. The applicant shall provide a performance assurance device in order to provide for maintenance of the required landscape for this subdivision, until the homeowners association becomes responsible for the landscaping maintenance. The performance assurance drive shall be 150 percent of the anticipated cost to maintain the landscaping for three years. Conclusion: Based on the Analysis and Conditions of Approval above, staff recommends the subdivision be as conditioned above. Attachments: 20070187 Hearing Examiner Decision 20070187 Staff Report to Hearing Examiner Letter of Understanding - Tahoma Terra DOE comment letter on Notice of Application Page 13 of 13