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2021.0023 HE Staff Report.docx Case Number: 2021.0023 Applicant: Andrew Montero Marathon Development Nisqually Landing, LLC 160 NW Gilman Blvd Suite 248 Issaquah, WA 98027 Request: Construct a 60-unit apartment complex with planned residential development zoning overlay Public Hearing Date: September 16, 2021 Recommendation: Approval with conditions Exhibit I: Notice of Application Exhibit II: Notice of Public Hearing Exhibit III: Site Plan Exhibit IV: Mitigated Determination of Non-Significance Exhibit V: Environmental Checklist with City Markup Exhibit VI: Pocket Gopher Report Exhibit VII: Trip Generation Report Exhibit VIII: Preliminary Stormwater Report Exhibit IX: WA Dept of Ecology Comments Proposal The applicant proposes an administrative site plan and planned residential development to construct a 60-unit apartment complex on approximately 8.31 acres. The property is zoned Moderate Density Residential (R-6), which allows between 3 to 6 dwelling units per gross acre of land. The planned residential development (PRD) zoning overlay allows a 20% increase in dwelling unit density in the moderate density district. At 6 dwelling units per acre, this site allows for 50 dwelling units without a density bonus. With the planned residential development overlay, 60 dwellings units are allowed. Property Characteristics The property is located at 17021 103rd Ave SE, on the Southeast corner of Walmart Blvd SE (170th St SE) and 103rd Ave SE. The property is identified by Assessor’s Tax Parcel Number 64303100500. The property currently has a manufactured home on the Northeast corner of the parcel. Nisqually Landing Apartments received site plan approval for a 50-unit apartment complex in January 2020. An incomplete appeal was filed after the Notice of Decision and the applicant did not respond to the City’s request for more information. The appeal was denied in July 2020 due to the incomplete status. Development did not move forward past this point. Properties to the north, east and west are developed as single family residences, and the parcel to the south is developed as retail commercial. The property has rolling slopes with approximately 15% slope at the steepest part. 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 May 18, 2021, as well as published in the Nisqually Valley News in the legal notice section on May 20, 2021. No comments were received. 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 posted on the City of Yelm website on Tuesday August 17, 2021. Notice of the public hearing was published in the Nisqually Valley News in the legal notice section on Thursday August 26, 2021. State Environmental Policy Act The City of Yelm SEPA Responsible Official issued a Mitigated Determination of Non-significance based on WAC 197-11-158 on November 1, 2019 for the original Nisqually Landing Apartments proposal. The changes in the development application present in the 60-unit proposal do not meet the threshold for a new environmental review, and the SEPA determination from November 2019 adequately covers this project. This determination is final and fulfills the City’s responsibility for disclosure of potential, significant environmental impacts. The Mitigated Determination of Non-significance included the following mitigating conditions. Mitigation Measures: A final drainage report meeting the minimum requirements of the Stormwater Management Manual for Western Washington, as published by the Washington State Department of Ecology shall be submitted with civil plan submission. Stormwater facilities shall meet the minimum requirements of Section 18.21.080(G) YMC. Comments received from the Washington State Department of Ecology included request for a wetland report, and stating that the purveyor is responsible for ensuring that the purposes uses are within the limitations of their water right, and that a construction stormwater general permit may be required. Current local environmental mapping show no wetlands located in this area, and property vegetation does not indicate wetlands. The site currently consists of unmaintained grass and scotch broom. A stand of fir trees with a sparse to moderate understory of small deciduous trees and native and invasive plants and shrubs are located to the northeast, 300+ feet from the proposed development. The NWI is based on aerial photos from 1981, and US Fish and Wildlife specifically states on the website in the disclaimer, data limitations, exclusions, and precautions to verify local accuracy. In the Geotechnical report by GeoResources, a site inspection was completed that confirms the vegetation onsite and also confirms there are no areas of surficial erosion, standing water, seeps, springs, or deep seated slope movement observed. 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]. The City’s Water Systems Plan identifies the property as being within the water service area and not currently connected to the City’s water sewer system. The proposed development is required to connect to City water services. As of August 3, 2021, the City has approximately 165 water connections available for new development. 165 connections will provide for 2 to 3 years’ worth of growth at historical rates. This connection limit is based on storage capacity and available water rights. The City has been planning since 1994 for the acquisition of new water rights, which were approved by the Washington State Department of Ecology (ECY) 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. The Washington State Legislature adopted the 2018 Streamflow Restoration Act. The act requires the Washington Department of Ecology to issue new water rights to up to 5 pilot projects in order to monitor and report the effectiveness of out-of-kind mitigation for new water rights. The City of Yelm was selected as a pilot project, and ECY has indicated that additional water rights are expected in late summer or early fall 2021. The City has been instructed to work on a Report of Examination conveying additional water rights, and is now allowing the approval of development as water is expected to be available at the time of new demand. This satisfies the requirement for concurrency with water infrastructure. 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 not currently connected to the City’s S.T.E.P. sewer system. The proposed development is required to connect to City sewer services. The improvements required to serve the project will be specifically identified during civil plan review. This satisfies the requirement for concurrency with sewer infrastructure. 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. Frontage improvements are required as part of development. The parcel fronts 170th St SE (Walmart Blvd), and 103rd Avenue SE, neither of which are constructed to City Standards. 170th St SE is scheduled to be reconstructed as the SR 510 Yelm Loop in 2021, part of the intersection improvements for the Loop will be constructed along the 103rd Ave SE as well. A deferral of frontage improvements for both streets is favorable for the City. Frontage improvements and transportation facility charges satisfy concurrency requirements for 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. This fee is subject to change and is collected at the time of building permit issuance. Payment of this fee satisfies the requirement for concurrency with fire protection. School Concurrency with school infrastructure is achieved pursuant to Section 18.16.090(B) YMC when the developer makes a contribution to school facilities as identified in the most current version of the capital facilities plan adopted by Yelm Community Schools, and endorsed by resolution of the Yelm City Council. This fee is subject to change and is collected at the time of building permit issuance. Payment of this fee satisfies the requirement for concurrency with school infrastructure. Critical Areas The Yelm Critical Areas Code, Chapter 18.21 YMC, provides protection for wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat areas. Aquifer Recharge 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 are required to protect the aquifer [Section 18.21.070(C) YMC]. High Groundwater Hazard Area The site is encumbered by a High Ground Water Hazard Area (HGWHA). Section 18.21.080(G) YMC provides performance standards for development within the hazard area. These standards include the determination of the flood elevation, that no development may locate within 50 feet, measured on a horizontal plane, or extending to a ground elevation of two feet above the base flood elevation, whichever is less, and that the bottom of any infiltration facility for stormwater discharge shall be at least 6 feet above the base flood elevation. The 2019 Stormwater Management Manual for Western Washington requires that the bottom of any infiltration facility for stormwater discharge be at least 5 feet above the base flood elevation. The 2019 SWMMWW represents best available science and will be used to determine the appropriate minimum elevation of stormwater facilities. The preliminary site plan shows development both 50 feet horizontally and 2 feet vertically from the base flood elevation established by a topographic survey, and the bottom of infiltration facilities are shown to be 5 feet above the base flood elevation. The preliminary site plan satisfies the regulations of high groundwater hazard areas. Fish and Wildlife habitat conservation areas, wetlands and flood zones 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 application, a gopher reconnaissance was completed by Land Services Northwest, LLC. The report states that there were no indicators for the Mazama Pocket Gopher. 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 if, at any time, evidence of Priority Habitat Species or Mazama Pocket Gopher is found. Design Standards Site Design The Yelm Unified Development Code requires setbacks of 35 feet from an urban arterial, 5 feet from side yards, and 25 feet from the rear yard [Section 18.32.040 YMC]. Buildings in the R-6 zoning district may be up to 35 feet in height [Section 18.32.040 YMC]. The proposed buildings meet the R-6 setback and height requirements. Street Lighting Adequate street lighting is necessary to provide safety to pedestrians, vehicles, and homeowners. Street lighting is reviewed at the time of civil plan review in order to assure adequate lighting. Parking Multi-family dwelling units require 1.5 spaces per 1-2 bedroom dwelling unit, 2 spaces per 3+ bedroom dwelling unit, and 1 guest space for every 10 units [Section 18.54.030 (A)]. Accessible spaces are required pursuant to the Americans with Disabilities Act. ADA requirements will be reviewed at civil plan review. The preliminary site plan meets these requirements. Water Chapter 13.04 YMC and Chapter 6 of the Development Guidelines establish requirements for connection to the City’s water system. The site is not currently connected to City water service. Water connections are based on Equivalent Residential Units (875 cubic feet of water consumption per month). There is a 12-inch service main located in 103rd Ave SE that extends to the eastern property edge. Connection to this line is required. The City implements a cross-connection and backflow control program pursuant to Title 43 RCW and Chapter 248-54 WAC. A backflow prevention device is required to protect Yelm’s water system from cross-connections from any irrigation systems [Section 13.04.220 (D) YMC]. Any onsite wells shall be decommissioned pursuant to Washington State Department of Ecology standards, and any associated water rights dedicated to the City. Sewer Chapter 13.08 YMC and Chapter 7 of the Development Guidelines establish requirements for connection to the City’s sewer system. There is a 4-inch sewer main located at the southern edge of the property. This line is required to be extended along the frontage of this property to the ingress to the site. Properties fronting 103rd Ave SE will be served by a future main extending east from the intersection of Grove Road & 103rd Ave SE. It is not favorable to extend the sewer line to the northern end of the property, as this would cross a critical area. A deferral for the future sewer main along 103rd Ave SE can be supported. Any onsite septic systems shall be abandoned per the Thurston County Health Department standards. Fire Protection Fire protection to the buildings must be provided per the International Fire Code. The specific requirements for installation of additional fire hydrants will be determined during civil plan review. The International building code (IBC) provides occupancy ratings for different types of uses. The fire coverage system for the proposed use must meet IBC requirements. Identified in the 2002 City of Yelm Water Comprehensive Plan is a requirement to install fire hydrant locks as part of the City’s water conservation and accountability program. Pursuant to IFC regulations, access into and through the development must have a width of no less than 26 feet. The preliminary site plan shows 26 ft access lanes. Transportation The City of Yelm Development Guidelines and the concurrency requirements of Chapter 18.16 YMC require all new developments to improve street frontages to current City standards. Frontage improvements for SR 510 Yelm Loop are funded and scheduled to be completed by WSDOT. This improvement will also encumber a portion of the frontage of 103rd Ave SE. A deferral for the remainder of the 103rd Ave SE improvements can be supported. Traffic Facilities Charges are based on the Institute of Traffic Engineers Trip Generation guide (ITE). The ITE lists multifamily housing as creating 0.44 new pm peak hour trips per unit. Credit for the existing single family residence should be given. Stormwater Impervious surfaces create stormwater runoff which, when uncontrolled and untreated can create health, safety, and environmental hazards. The City of Yelm has adopted the most current version of the Stormwater Management Manual for Western Washington (SWMMWW), which requires all development to treat and control stormwater. Stormwater facilities require continued maintenance to ensure they remain in proper working condition. Compliance with the 2019 SWMMWW is required at civil plan submission. Landscape The Unified Development Code at Section 18.55.020 YMC requires landscaping for all new development. Perimeter landscape includes an 8 foot planter area with a combination of evergreen and deciduous trees. The site shall provide a perimeter landscape around the west, south and east property lines, ending at the edge of the High Ground Water Flood Hazard boundary; no landscaping in necessary in the flood hazard area. Perimeter landscape is not required adjacent to or within the 50 foot high groundwater setback area. Section 18.55.030 YMC allows alternative landscaping proposals that provide better solutions in terms of public benefit, involve a connection to a local park, or protect natural features. The creation of a community dog park and protection of the high groundwater hazard area achieves these requirements. A modified landscape plan showing a 6.5’ perimeter landscape around the east and west property lines and 4’ perimeter landscape around the south property line is favored by the City, as the applicant has agreed to put in a fence along the east property line. This fence was requested by the adjacent property owner to the east, as they own livestock. Streetscape landscaping is required as part of street frontage improvements, and will be part of the agreement for deferral of frontage improvements. Parking landscaping includes a minimum of 24 square feet of landscape area for each parking stall proposed, planting area must contain at least one tree with no parking stall located more than 50 feet from a tree. The proposed site plan does meet parking lot landscaping requirements. Parking lot landscaping meeting the standards of Section 18.55.020(D) YMC is required at civil plan submission. Stormwater Facility Landscaping includes landscaping of the stormwater facility to be incorporated with all on-site landscaping. Any above ground stormwater facilities shall be landscaped pursuant to the requirements of Chapter 18.55 YMC. Chapter 18.57 YMC requires the protection of trees during development. The existing trees onsite are located outside of the proposed development area, with the exception a few individual small growth trees. This meets the intent of protection during development. Chapter 18.59 requires development to relate to street fronts by defining the street edge with building and landscape. This is achieved by providing direct access to the building from the public sidewalk and substantial landscaping when parking is located adjacent to street frontage. It is unclear if the preliminary site plan provides pedestrian access from 170th St SE (Yelm Loop), and between the dwelling unit buildings. Pedestrian pathways should be provided from parking areas to the buildings, and from the public sidewalk to the development. Section 18.61.050(B) YMC prohibits chain link fencing when visible from the street. Chain link fencing is shown along the edges of the high groundwater hazard area. The applicant shall provide detail of other fencing or landscape screening at civil plan submission. The planned residential development overlay requires that natural landscape features such as trees and drainage ways be accepted as part of the landscaping plan [Section 18.21.080(G) YMC]. The preservation and protection of the high groundwater hazard area achieves this requirement. Open Space The Unified Development Code at Section 18.56.010 YMC requires multifamily residential developments to include equal to or greater than 10 percent of the gross area of the development as qualified open space. The planned residential development overlay is achieved by the use of imaginative design and the creation of environmental amenities superior to those generally found in conventional developments, while prioritizing the natural characteristics of the land [Section 18.64.020 YMC]. The applicant has achieved the requirements of the PRD by creating a dog park for the residents of the development in the high ground water hazard area. Civil plans shall show compliance with Section 18.21.080(G) YMC regarding development in the HGWHA. A pedestrian pathway to the dog park is required and shall be shown on the final landscape plan. Chain-link fencing is prohibited when visible from the street pursuant to Section 18.61.050(B) YMC. The applicant shall provide fencing detail at civil plan submission. Refuse Enclosures Trash enclosures shall incorporate the architectural feature of the primary structure and landscaping. Trash enclosures should be located to the rear of the site, not located between a street and building, and the location should be approved by the local provider. The enclosure shall be constructed of CMU, wood or architectural steel, with gates of similar durable materials [Section 18.59.040 YMC]. The preliminary site plan shows adequate placement of the trash enclosure. Civil plans shall clearly show detail of the refuse enclosure and perimeter landscaping. 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. Staff Recommendation Section 18.14.080 YMC requires written findings prior to a decision on a planned residential development overlay. The applicant has established that the proposed development is consistent with the goals and policies of the Yelm Comprehensive Plan, meets minimum requirements for fire and life safety, and provides adequate provisions for utilities and other public services, roads, streets, and sidewalks necessary to serve the needs of the development. The applicant has also established that there are no unavoidable impacts to adjoining streets and neighborhoods, the development creates no greater burden on present and public utilities and services than would result from traditional development, and the development is better than that resulting from traditional development. The applicant has established that the proposed development uses imaginative design and superior environmental amenities while minimizing undesirable impact to adjacent properties. The Public Services Department recommends that the planned residential development and administrative site plan be approved with the following conditions: The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. Connection to City water is required. Connection to City sewer service is required. An agreement for deferral of frontage improvements for 170th St SE and 103rd Ave SE shall be signed and recorded with Thurston County. The sewer main located in 170th St SE shall be extended to the location of the ingress to the site. An agreement for deferral of sewer main improvement requirements for 103rd Ave SE shall be signed and recorded with Thurston County. Fencing along the east property line ending at the high groundwater hazard area will be shown at civil plan submission. Parking lot landscaping meeting the standards of Section 18.55.020(D) YMC is required at civil plan submission. Any above ground stormwater facilities shall be landscaped pursuant to the requirements of Chapter 18.55 YMC. Pedestrian pathways should be provided from parking areas to the buildings, and from the public sidewalk to the development. The applicant shall provide fencing detail in compliance with Section 18.61.050(B) YMC at civil plan submission. Civil plans shall show compliance with Section 18.21.080(G) YMC regarding development in the HGWHA. A pedestrian pathway to the dog park is required and shall be shown on the final landscape plan.