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14747 Berry Valley Kempinski 070914 City of Yelm Site Plan Review Committee 105 Yelm Avenue West Yelm, WA 98597      Pre-Application Meeting July 9, 2014 These comments are preliminary in nature and are not intended to represent final comments and or requirements for the City of Yelm. Until a complete application is made, the Community Development Department can only attempt to inform the applicant of general requirements as they appear in the form presented by the applicant at the time of pre-submission. Proponent: Mike Kempinski Project Proposal: 60 Unit Planned Residential Development Project Location: 14747 Berry Valley Road, Yelm Parcel Number: 21724230400 Property Background and Zoning The property is located on Berry Valley Road, and is approximately 14.72 acres. The site has an existing home and miscellaneous out buildings, currently served by a well and septic. The property is zoned Low-Density Residential (R-4), which is codified at Chapter 17.12 YMC. The intent of the R-4 zone is to provide for a high standard of development for single family areas. Allowed density is no more than 4 units per acre. Maximum number of dwelling units allowed is 59, based on the approximate acreage of 14.72 acres. Actual gross acreage would be determined by a licensed surveyor. There is no minimum lot size in the R-4 zoning district, however building envelopes must provide for the minimum front yard setback of 15 feet from R-O-W, with a 20 foot driveway approach, rear yard 25 feet, side yard a minimum of 5 feet on one side, with a total of 12 feet on both sides. Flanking yards (corner lots) are 15 feet. The application as shown proposes 20 single family lots, and 40 apartments for a total of 60 units, as part of a Planned Residential Development (PRD). The R-4 zone allows for PRD as provided in Chapter 17.60 YMC. The PRD standards were created to encourage imaginative design and the creation of permanent open space by permitting greater flexibility in zoning regulations, to preserve or create environmental amenities, to preserve the natural characteristics of the land, to encourage a variety of housing types, and to provide for the maximum efficiency in the layout of streets and utilities. In the R-4 district, a PRD allows those uses allowed by the underlying zone as well as all types of residential housing, neighborhood commercial uses, and accessory uses. The project as proposed does not meet the intent of the PRD overlay. The PRD allows variation from the strict requirements of the subdivision code when imaginative design is used. The proposal is essentially two separate developments. Planned Residential Development Standards Setbacks are 20 feet from the exterior property lines and 10 feet between buildings, unless common wall construction is proposed. Twenty percent (20%) of the gross land area shall be common open space that is designed to be attractive and usable with convenient access to all residents and which preserves existing trees and vegetation, if possible. Approximately 3 acres must be qualified open space. The open space requirements for a PRD requires that: Open space areas may contain complementary structures and improvements as appropriate for the benefit and enjoyment of residents of the PRD. The open space area be attractive and usable for active as well as passive recreation opportunities. Opens space shall have convenient access. Open space shall be designed and placed in consideration of existing and potential open spaces. Existing trees and significant vegetation shall be maintained. A design that incorporates environmental interpretation or education of the creek, flood zone and high ground water areas, along with developed recreational areas would appear to meet the requirements for open space. Critical Areas All of Yelm is classified as a Critical Aquifer Recharge Area by the Yelm Critical Areas Code, Chapter 14.08 YMC. Existing development regulations are in place to avoid impacts to this critical area. The City critical area maps indicate that the property is subject to a high ground water area. The Yelm Critical Areas Code prohibits any development within 2 feet vertically or 50 feet horizontally, whichever is less, from the edge of a high ground water area. The bottom of any stormwater infiltration system must be located 6 feet above the high ground water elevation. The property is encumbered by the FEMA designated 100 year floodplain along Thompson Creek, making it a frequently flooded area under the Critical Areas Code. The Critical Areas Code requires that prior to any clearing, grading, dumping, drilling, dredging, filling, or the construction or reconstruction of any structure, the City shall have approved through the underlying permit or through approval of a critical areas report that the standards for development within a frequently flooded area have been met. The Critical Areas Code prohibits activity within a frequently flooded area that would increase the base flood elevation. The Thompson Creek corridor is identified as a wetland by the National Wetlands Inventory maps. Only those activities are allowed within wetland buffers that are shown not to degrade the functions and values of the wetland. The buffer is dependent on the classification of the wetland, and range from 50 to 250 feet. Thompson Creek is a fish and wildlife habitat conservation area. There is a 150 foot riparian zone along the creek in which no development shall take place. The Critical Areas Code maps indicate the property contains soils suitable as habitat for the Mazama Pocket Gopher, a protected species listed on the Washington Priority Species and Habitat List as well as the Federal Threatened Species List. A critical areas report will be required as part of the application submittal. Development Standards Water The proposed project is located in the City of Yelm’s water service area and is not currently connected to the City of Yelm’s water system. There is an 10” water main located in Berry Valley Road, at the southern property edge. This main is required to be extended to the southeast property corner. It is possible to request a deferral of this improvement to end at Thompson Creek. Any existing well(s) will need to be decommissioned per Department of Ecology standards and the water rights will need to be dedicated to the city. Water Availability 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. While the City of Yelm has been proactive in water planning since 1994, when application was made with the Washington Department of Ecology for water rights sufficient to serve the City and its Urban Growth Area for 20 years of growth, the approval of these water rights by the Washington Department of Ecology, the Pollution Control Hearings Board, and the Thurston County Superior Court have been further appealed to the Washington State Supreme Court. The Supreme Court has yet to determine if it will accept the appeal on direct review. If it does accept the case, a decision is not anticipated within the next 18 to 24 months. If the Court does not accept the case, it will be remanded to the Court of Appeals and the timeline for a decision could be even longer. Although the City currently has sufficient water connections to serve some anticipated growth, the timing of the appeal does not allow the Community Development Department to make a written determination that adequate provisions for potable water will be available when needed by the proposed land division. The Community Development Department can not recommend approval of the proposed land division at this time, and would recommend the proposal be denied. Sewer The proposed project is located in the City of Yelm’s sewer service area and is not currently connected to the City of Yelm’s sewer system. There is a 6” sewer main located in Berry Valley Road, at the southern property edge. This main is required to be extended to the southeast property corner. It is possible to request a deferral of this improvement to end at Thompson Creek. Any onsite septic systems must be abandoned per Department of Health standards, and a copy of the abandonment report distributed to the City. Stormwater Developments with additional impervious surface are required to provide stormwater facilities pursuant to the Stormwater Management Manual for Western Washington. Above ground stormwater facilities require that slopes be planted with vegetation that is suitable with hydric soils, and incorporate onsite landscaping to provide visual relief. Infiltration galleries with underground pipes are classified by the Washington Department of Ecology as an Underground Injection Control Stormwater Well which have specific requirements relating to stormwater treatment and must be designed to the 2012 Stormwater Management Manual for Western Washington. Parking The requirements for off-street parking and their design shall be regarded as the minimum; however, the owner, developer, or operator of the premises for which the parking facilities are intended shall be responsible for providing adequate amounts and arrangement of space for the particular premises even though such space is in excess of the minimum set forth. Single family dwelling units require a minimum 20 foot driveway approach off a public street. Apartments also require a minimum of two parking stalls per unit, the minimum drive width for two-way traffic is 23 feet, and the minimum parking stall is 9’ x 20’. Parking areas are required to be landscaped to provide visual relief and shade. No parking stall shall be more than 50 feet from a tree, and each planting area shall include at least one tree, shrubs and ground cover. Landscape islands are required at the end of interior parking rows. Transportation Ingress and egress at the site must be consistent with the Yelm Development Guidelines, Section 4B.140. The City of Yelm Development Guidelines and the concurrency requirements of Chapter 15.24 YMC require all new subdivisions to improve street frontages to current City standards. The project site is part of the City sponsored Killion Road Local Improvement District (LID). Berry Valley Road, where it extends north of the Boulevard is classified as a neighborhood collector, which includes 12 foot drive lanes, 4 foot bike lanes, 7 foot planter strips and 5 foot sidewalks. The property is subject to an assessment pursuant to Ordinance Number 847. As part of the assessment, the property is allowed a credit for Transportation Facility Charges. The project will be required to complete frontage improvements along the west side of Berry Valley Road to City Standards by providing a minimum of a 12 foot drive lane and 4 foot shoulder on the east side. The proposal also includes increasing the right-of-way on Berry Valley Road from 56 feet to 60 feet to provide safe travel, parking, and access to residential units. Additional offsite improvements to the intersection of Longmire Street and Yelm Avenue West based on impacts posed by the projects in the local area was analyzed during a SEPA review process, and will became mitigating conditions of this project. Chapter 16.16.090 YMC requires that the layout of new subdivisions provide for the continuation of streets existing in adjoining subdivisions and to provide for the continuation of new streets within the subdivision to adjacent properties that have not been subdivided. Although not applicable on this site, future parking lot access to commercial development to the south may be applicable. Internal streets within the project may be built to City standards, or may be modified under the provisions of the PRD overlay. Internal roadways must meet standards for fire department access including width and turn radii. Landscaping Perimeter landscaping is characterized by an 8 foot landscape strip between uses and a 5 foot strip around any common or community buildings of any combination of evergreen and deciduous trees (with no more than 50 percent being deciduous), shrubs, earthen berms and related plant materials or design features may be selected; provided, that the resultant effect is to provide partial screening and buffering between uses and of softening the appearance of streets, parking and structures. For residential developments with separate lots, a 6 foot solid fence may be substituted for a separate landscape buffer. Street improvements require planter strips with street trees. Parking lot landscaping is intended to provide visual relief and shade in parking areas. This includes the apartments and any community buildings or recreational features that may be part of open space improvements. At least 24 square feet of landscaping is required for each parking stall proposed. Each area of landscaping must contain at least 100 square feet of area and must be at least six feet in any direction. Each planting area must contain at least one tree. Live groundcover shall be provided throughout each landscaping area. No parking stall shall be located more than 50 feet from a tree. Above ground stormwater facilities requires landscaping to provide a visual barrier, as well as seeding the slopes. ADA Requirements The American Disabilities Act required that facilities are ADA accessible. Facility improvements will have to meet current code. Review of these improvements will be determined upon further review of civil plans. Fire All projects are required to conform to the International Fire Code. The Building Official will review the plan at the time of civil plan submission. Other Buildings containing asbestos and/or lead paint are potential environmental and health hazards. State and federal laws regulate the demolition of buildings containing asbestos and/or lead paint. The applicant shall contact the Olympic Regional Clean Air Agency (ORCAA) at 2940-B Limited Lane NW, Olympia, WA 98502 (360) 586-1044 to secure any necessary permits for the removal of materials containing asbestos and/or lead paint. Prior to issuance of a City building permit the applicant shall demonstrate compliance with any ORCAA requirements, and prior to any demolition, proof of compliance with ORCAA and a City demolition permit is required. Permit Process State Environmental Policy Act A SEPA threshold determination will be required before action is taken on the PRD application. Because of the size of the project, an expanded environmental checklist will be required initially. The expanded checklist should include the following environmental documents: Traffic Impact Analysis. Preliminary Stormwater Plan. The SEPA threshold determination is appealable to the Hearings Examiner, who would hold an open record hearing on the issue. The Examiner’s decision may be appealed to City Council, which would conduct a closed record hearing and determine if the Examiner’s decision was contrary to law and supported by substantial evidence. Yelm School District requires applicants to mitigate impacts to the School District from residential growth. Each developer must negotiate an agreement with the School District. Critical Area Report A critical areas report must be prepared by a qualified professional using scientifically valid method and studies in the analysis of critical area data and field reconnaissance, and reference the source of science used. The report must evaluate the proposal and all probable impacts to critical areas in accordance with Chapter 14.08. Minimum report requirements may be found in Section 14.08.050 YMC. A wetlands delineation and classification is also required. The exact location of a wetland boundary shall be determined through the performance of a field investigation by a qualified professional wetland scientist applying the Washington State Wetlands Identification and Delineation manual as required by Section 36.70A.175 RCW. The Critical Areas Report must include an initial screening for the presence of the Mazama Pocket Gopher. If members of the species are found on the property, any impact must be mitigated pursuant to the Yelm Critical Areas Code. 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 Tim Romanski of the US Fish and Wildlife Service at 360.753.5823 or tim.romanski@fws.gov with any questions about compliance with Federal standards for threatened species Land Use Review Process A Planned Residential Development application as established by Chapter 17.60 YMC is heard by the Yelm Hearing Examiner. The minimum application requirements can be found at Section 17.60.150 YMC and are listed on the application form. A notice of application is mailed to all property owners within 300 feet of the site. The Hearing Examiner’s decision on a PRD may be appealed to the City Council, which would hold a closed record hearing and determine if the decision was supported by substantial evidence or contrary to law. A conceptual landscaping plan is required with the application for PRD review. The final landscaping and irrigation plan is required as an element of civil plans. A subdivision of land is also required pursuant to Title 16 YMC. This approval will be heard concurrently with the PRD application and will also be acted upon by the Yelm Hearing Examiner. Land use approval typically contains conditions of approval that the applicant must complete prior to receiving a building permit. Upon satisfactory completion of all conditions of land use approval, the applicant can submit building plans for approval.  Civil Plan Review Civil Plan review generally takes place after a land use approval. The Yelm Development Guidelines contain standard details for all infrastructure requirements, including parking lot layout, sewer and water lines, S.T.E.P. tank design, and stormwater control. A pre-submittal meeting with the Development Review Engineer will be required in order to establish the plan standards for the City of Yelm. Allow four to six weeks for the initial civil plan review. Building Permit Process Building Plan review, permitting and inspections will be based on Title 15 Yelm Municipal Code, adopting the International Codes, Uniform Plumbing Code and Washington State Energy Code. By resolution, the City of Yelm re-adopted the 1997 UBC, UMC and UPC Fee schedules. New Apartment buildings will be reviewed for life/ safety, seismic design, accessibility and energy code requirements under the International Building Code. Single Family Residences will be reviewed under the International Residential Code. Some, but not all factors reviewed will be: Life /Safety: Fire lanes and hydrants shall be provided to cover all structures. Hydrant placement and fire lanes shall meet International Fire Code requirements. If fire lanes exceed 150 feet provide a fire truck turnaround. Apartment Buildings shall be protected by a NFPA 13 fire suppression system. The fire suppression system shall be supervised by a NFPA 72 system Seismic design: Structural design per Chapter 16 of the IBC Accessibility: An accessible circulation path shall be from the apartment complex to the off street parking and public way. Slope shall be a maximum of 5% with a cross slope of 2%. Changes of elevation greater then 5% shall be accessible ramps. One accessible parking stall shall be made available for each 25 parking stalls. One van accessible parking stall for each six (6)accessible parking stalls are required. Parking lot shall be striped and signed accordingly Apartment complex with greater than 10 units shall have 5 percent (5%) A units as defined per ANSI 117.1. Apartment units with four (4) or more units shall be B units as defined by ANSI 117.1 Energy Code. Conditioned space shall meet the current Washington State Energy Code: The units shall be heated, insulated and ventilated per the WEC and the International Mechanical Code Building Plans showing conformance to the above requirements and any other items deemed necessary may be submitted after Site Plan Review approval. Five(5) sets of plans, one of which may be half scale, two (2) sets of engineering calculations, energy calculations and specifications will be required. An integrated sprinkler and fire alarm system may be required. These plans may be submitted at a later date along with any required kitchen suppression systems. All fire related items 5’ outside the building will be subject to civil review along with domestic water, waste, and storm water. Concurrently with Site Plan Review two sets of building and accessory building elevations must be submitted for review of the building for consistency with the Design Guidelines. Allow at least 8 to 12 weeks for Building Plan Review and 2 weeks for design guideline review. Fees & Charges Preliminary Subdivision $750.00 + $25 per lot SEPA $150.00 Critical Area Report Billed on cost recovery basis Civil Plan Review Billed on a cost recovery basis Building Plan Review Based on 1997 UBC fee Schedule Building Permit Based on 1997 UBC fee Schedule Sewer Connection Fee $6,394 per ERU Sewer Inspection Fee $145.00 per ERU Water Connection Fee $5,348 per ERU Water Meter Fee Based on meter size Transportation Facilities Charge $1,334.21 per single family dwelling $792.60 per unit for multi-family. The Transportation Facility Charge (TFC) is per new PM peak trip generated by the development. The code provides a default table that the applicant can use to determine the number of new PM trips generated by a proposal.