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0458 HE Staff Report Case Number: SUB-05-0458-YL Applicant: FH1, LLC Agent: SCA Consulting Group Request: Phase one of a two phased development, to subdivide approximately 11 acres into 24 single family residential lots. Recommendation: Approval of Phase I with conditions Exhibit I: Site plan dated January 2006 Exhibit II: Notice of Application & Comment Letters Exhibit III: Mitigated Determination of Non-Significance & Comment Letters Exhibit IV: Public Hearing Notice Proposal The applicant is proposing to subdivide approximately 20.65 acres into 70 single-family residential lots in a phased development. Phase I includes an 11 acre parcel. Phase II includes a 10 acre parcel. The property is zoned R-4 Low-Density Residential, which allows up to 4 dwelling units per acre. Property Characteristics The site is located at 15026 SR 507, at the southwest end of the City Limits. The properties are identified by Assessor’s Tax Parcel Numbers 21725130300 (Phase I) and 21725130200 (Phase II). The Phase I parcel is in the City limits, the adjoining phase II parcel is not presently in the City limits, but is within the City’s Urban Growth Area. Phase II development of parcel number 21725130200 is dependant on successful annexation into the City. The subject property is surrounded by a residential subdivision, a Junior High School currently under construction, and single family residential uses. 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 project site on January 30, 2006. Notice of the date and time of the public hearing before the Hearing Examiner was posted on the project site, and mailed to the owners of property within 300 feet of the project site on August 30, 2006. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on Friday, September 1, 2006. Concurrency Chapter 15.40 YMC requires the reviewing authority to determine that required urban infrastructure is available at the time of development. Concurrency means the 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. Concurrency with sewer infrastructure is achieved pursuant to Section 15.40.020 (B)(1) YMC when the project is within an area approved for sewer pursuant to the adopted sewer comprehensive plan for the city and improvements necessary to provide city standard facilities and services are present to meet the needs of the proposed development. Concurrency with water infrastructure is achieved pursuant to Section 15.40.020 (B)(2) YMC when 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 city standard facilities and services are present. Concurrency with transportation infrastructure is achieved pursuant to Section 15.40.020 (B)(5) YMC when the project: Makes on-site and frontage improvements consistent with city standards and roads necessary to serve the proposed project consistent with safety and public interest; Makes such off-site facility improvements, not listed on the capital facilities plan, as are necessary to meet city standards for the safe movement of traffic and pedestrians attributable to the project; Makes a contribution to the facilities relating to capacity improvements identified in the adopted six-year traffic improvement program, in the form of a transportation facility charge. Fire concurrency is achieved pursuant to Section 15.40.020(B)(6) YMC upon payment of a Fire Impact Fee at the time of building permit issuance. The current impact fee is $0.216 per square foot of gross floor area. Concurrency with school infrastructure is achieved pursuant to Section 15.40.020(B)(4) 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. 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 July 21, 2006. This determination is final and fulfils the City’s responsibility for disclosure of potential, significant environmental impacts. The Hearing Examiner may take action to deny or condition the proposal based on impacts identified in the environmental checklist or other environmental documents. For the SEPA process, the project was reviewed for both phases proposed for development and the MDNS covers full build-out, however the current subdivision application is for just parcel number 21725130300, 10.92 acres, 24 residential lots. The Mitigated Determination of Non-significance was issued with the following conditions: 1. Prior to final subdivision approval, the developer shall complete the following transportation improvements: For Phase I of this project; The southeast half of State Route 507 shall be improved to City Standards for an Urban Arterial along the property frontage. This will include a full width center turn lane and a right turn drop lane if required by Washington State Department of Transportation at the time of “Plan for Approval” submittal. All internal streets shall be improved to City Standards for a Local Access Residential. The interior street shall provide a future street connection to the east. For Phase II of this project; The southeast half of State Route 507 shall be improved to City Standards for an Urban Arterial to include a full center turn lane and a right turn drop lane if required by Washington State Department of Transportation at the time of “Plan for Approval” submittal. All internal streets shall be improved to City Standards for a Local Access Residential. The internal street shall connect to the future street connection provided in Phase I. 2. Prior to preliminary subdivision approval the applicant shall submit to the Community Development Department for approval, a design of the proposed retaining wall along Lots 1 through 11, prepared by a licensed structural engineer. The wall shall be designed to ensure that Lots 1 through 11 are buildable and safe. The walls shall conform to Section IV(F) of the City of Yelm Design Guidelines. 3. The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. A comment letter was received by a neighboring property owner requesting to keep as many of the evergreen trees as possible, and also requested a disclaimer to homeowners within the proposed subdivision that the neighboring properties are currently small farms with farm animals and activities that may cause noise and smell not normally associated with urban housing. Lots Size and Setbacks The Yelm Zoning Code does not establish minimum or maximum lot sizes, although it does require standard yard setbacks of 15 feet from the front property line adjacent to local access road with a minimum 20 foot driveway approach, 5 feet from side property lines with a minimum of 12 feet between the two side yards, and 25 feet from the rear property line. The setback for a flanking yard is 15 feet from the property line. The preliminary site plan shows each lot with sufficient area to construct a single family dwelling, while retaining required setbacks. Adjacent Land Uses and Zoning The site is bordered by properties that are currently developed as single family residences, and a Junior High School under construction. The plat, as proposed to be conditioned, meets City of Yelm development requirements, and is a compatible use with surrounding properties. Open Space The Growth Management Act establishes a goal for open space and recreation that states “encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks” [RCW 36.70A.020(9)]. The Subdivision Code requires a minimum of 5% of the gross land area to be dedicated as open space, pursuant to Section 16.16.270 YMC. The proposal includes improved open space to be located within Phase II of the project, to provide play areas and pathways from Phase I. Schools New residential units create a demand for additional school services and facilities. The Yelm School District requests that the applicant enter into an agreement with the school district for the payment of mitigation fees based on the project’s impact. This request for a mitigation agreement between the applicant and the school district became a condition of the Mitigated Determination of Non-significance issued pursuant to the State Environmental Policy Act. Transportation and Site Access 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. SR 507 is identified as an Urban Arterial Street, which requires a center turn lane, an 11 foot travel lane, a 5 foot bike line, vertical curb, a 8-foot planter strip with street trees 35 feet on center and “No Parking” signs, a 6 foot sidewalk, and street lighting. Phase I of this project is located on land with a small amount of SR 507 frontage. WSDOT is required to review this project, and may require a right turn “drop-lane” for traffic entering into the development. The size of this lane will be determined by the current speed limit on SR 507 at the time of review of the Plan for Approval. 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. The applicant is proposing a future connected street from Phase I into Phase II, and a second entrance from SR 507. The completed project will increase traffic and impact the City’s transportation system. Chapter 15.40, Concurrency Management, requires all development to mitigate impacts to the City transportation system. A single family home generates 1.01 p.m. peak hour trips per unit. The Transportation Facility Charge per unit is $757.50 and payable at time of building permit issuance. Parking Chapter 17.72 YMC requires minimum parking ratio of two spaces per dwelling unit, which is typically met in subdivisions within a standard driveway. On-street parking is allowed on both sides of local access residential streets. Water System The City’s Water Comprehensive Plan identifies the property as being within the water service area, and not connected to City water service at this time. The current fee to connect to the City water system is $1,500.00 per Equivalent Residential Unit (each ERU equals 900 cubic feet of water consumption per month). This fee is subject to change, and is charged at the time of connection. The proposed subdivision would be required to connect to the City's water system and the projects internal roadways will be required to have a watermain installed to serve fire hydrants and individual services. The City of Yelm’s current water system cannot provide the fire flow and water pressure that is required to serve this proposed subdivision due to the significant amount of topographic relief, and the project is approximately the same elevation as the City’s water reservoirs. Service of the City water system will require the installation of a booster pump. Civil plans shall include an analysis of the water system and propose appropriate mitigation measures. Any existing well(s) on the property must be decommissioned pursuant to Department of Ecology standards and any water rights associated with these wells shall be dedicated to the City of Yelm. The City of Yelm is dedicated to providing the best quality water possible to its consumers. Section 246-290-490, WAC, requires that the City take measures to ensure that contamination does not occur as a result of cross contamination. An irrigation meter may be installed for the purpose of irrigation. A backflow prevention device will be required for all landscape irrigation connections between the irrigation system and the water meter. This also includes any individual irrigation systems that may be located on any individual lot within the subdivision. 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. In 2004, the City was also required to complete a vulnerability assessment in response to homeland security measures. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area. There is an existing sewer line in SR 507. The proposed subdivision would be required to connect to the City’s sewer system and the projects internal roadways will be required to have a sewermain installed to serve the subdivision. The sewer line shall be extended along the property frontage. The current fee to connect to the City sewer system is $5,569.00 per Equivalent Residential Unit (each ERU equals 900 cubic feet of water consumption per month). This fee is subject to change, and is determined at the time of connection. Sewer connections as part of the City of Yelm LID have a reduced sewer connection fee. The topography and elevation of the project site may require a pressure reducing valve or a change to the sewer treatment plant headworks. Civil plans shall include an analysis of sewer system pressures and appropriate mitigation measures. Any existing on-site sewage disposal system(s) shall be abandoned per Thurston County Health Department standards. Stormwater Quality and Quantity Impervious surfaces create stormwater runoff which, when uncontrolled and untreated can create health, safety, and environmental hazards. The City of Yelm has adopted the 1992 Department of Ecology Stormwater Manual, which requires all development to treat and control stormwater. The applicant has submitted a preliminary stormwater report which includes a conceptual design for the treatment and infiltration of the stormwater. Stormwater facilities require continued maintenance to ensure they remain in proper working condition. 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. 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 by the Community Development Department prior to application for final subdivision approval. Landscaping Landscaping and screening are necessary to provide screening between compatible and incompatible land uses, to safeguard privacy and to preserve the aesthetic assets of the City. Chapter 17.80 YMC requires all development to provide on site landscaping. The site is adjacent to properties that are compatibly zoned. Chapter 17.80 YMC requires that the perimeter of the site be landscaped with a Type II landscaping. In residential subdivisions the City allows fencing to meet the landscaping requirement for the perimeter of the site. Landscape requirements shall be installed and approved prior to application for final plat. Landscaping is required in open space and stormwater facilities. A tree and vegetation plan is required to show existing trees over 8-inches in diameter, and proposing to retain as many of these trees as possible. When a large amount of trees are removed due to site development constraints, mitigating the loss of trees by planting new trees may be acceptable. Chapter 17.80 YMC requires that at time of civil plan review and approval the applicant provide the Community Development Department a detailed final landscape and irrigation plan for approval. Section 17.80.090 (F) YMC states that the owner/developer of any project requiring site plan review approval, subdivision approval, or short subdivision approval shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the tenant or homeowners’ association becomes responsible for landscaping maintenance. The performance assurance device shall be 150 percent of the anticipated cost to maintain the landscaping for three years. Critical Areas The site is located at the top of a slope approximately 80 feet in height, and a slope steeper than 15 percent, which qualifies as a landslide hazard area. The City of Yelm Critical Areas Code requires a minimum buffer for landslide hazard areas to be equal to the height of the slope. This buffer may be reduced when they are certified to be safe as designed and under anticipated conditions by a qualified engineer or geologist, licensed in the state of Washington. A landslide hazard assessment was prepared by Insight Geologic PLLC. The report states that reconnaissance of the slope showed no presence of springs, seeps or hydric vegetation. Trees and shrubs appeared to have straight trunks and did not exhibit bowing that may be observed on unstable slopes. Test pits revealed up to 3 feet of sandy gravel overlying dense glacial till. Based on the review of Insight Geologic, the slope does not meet the criteria for a landslide hazard area. Staff Recommendation Section 16.12.170 YMC requires written findings prior to a decision on a preliminary subdivision. The applicant has established that the proposed subdivision, if conditioned, adequately provides for the public health, safety and general welfare and for such open spaces, drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation, schools, and sidewalks. That the public use and interest will be served by the subdivision of the property, if conditioned. The subdivision, if conditioned, is in conformance with the Yelm-Thurston County Joint Comprehensive Plan, the City of Yelm Zoning Code, the City of Yelm Subdivision Code, the Shoreline Management Act and the Thurston County Shoreline Master Program, and the City of Yelm Development Guidelines. The Hearing Examiner should approve the preliminary subdivision with the following conditions: The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. Each dwelling unit with the subdivision shall connect to the City water system. The connection fee and meter fee will be established at the time of building permit issuance. All conditions for cross connection control as required in Section 246-290-490 WAC. All planting strips and required landscaping located in any open space and stormwater tract, and along SR 507 shall be served by an irrigation system with a separate water meter and an approved backflow prevention device. Civil engineering plans shall include an analysis of water system pressures and propose appropriate mitigation for probable low pressure flows at the project site, such as a booster pump. Each dwelling within the subdivision shall connect to the City S.T.E.P. sewer system. The connection fee and inspection fee will be established at the time of building permit issuance. Civil engineering plans shall include an analysis of sewer system pressures and propose appropriate mitigation for gradient pressures, such as a pressure reducing valve, or changes to the sewer treatment plant headworks. The applicant shall pay a fire protection impact fee pursuant to Section 15.40.020(B)(6) YMC. The impact fee for 2006 is $0.216 per square foot of new development, and is payable at building permit issuance. (fee subject to change) The applicant shall design and construct all stormwater facilities in accordance with the 1992 DOE Stormwater Manual, as adopted by the City of Yelm. Best Management Practices (BMP’s) are required during construction. A 10-foot setback from all property lines and easements are required for stormwater facilities. The final stormwater plan shall be submitted with civil engineering plans and shall include an operation and maintenance plan. The stormwater system shall be held in common by the Homeowners Association. The Homeowners 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. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans prior to final subdivision approval. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. The applicant shall be responsible for the fee for hydrant locks on all fire hydrants required and installed as part of development. The applicant shall coordinate with the Yelm Public Works Department to purchase the required hydrant locks. Street lighting is required. The Applicant shall contact Intolight to provide a lighting design plan for review and approval. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing map for approval. Prior to the submission of final plat application, a subdivision name must be reserved with the Thurston County Auditor’s Office. The applicant shall provide a minimum of five (5) percent of the gross land area as qualified open space. The applicant shall submit a final landscaping and irrigation plan with the civil engineering plans to include the perimeter of the project site, planter strips, open space improvements, and stormwater facilities. The applicant shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the tenant or homeowners’ association becomes responsible for landscaping maintenance. The performance assurance device shall be 150 percent of the anticipated cost to maintain the landscaping for three years. Based on the Analysis and Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-05-0458-YL.