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HE PacketCity of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Case Number: SUB-05-0671-YL & SHO-07-0137-YL Applicant: Westbrook Investments 437 29th Street NE Puyallup, WA 98372 Agent: Hatton Godat Pantier 184D Barnes Blvd. SW Tumwater, WA 98512 Request: Subdivide approximately 9.76 acres into 23 single family residential lots. Recommendation: Approval with conditions Exhibit I: Site plan, Aerial Photo, Related documents on Disk Exhibit II: Notice of Application & Amended Notice of Application Exhibit III: Mitigated Determination of Non-Significance & Comment Letters Exhibit IV: Public Hearing Notice Proposal The applicant is proposing to subdivide approximately 9.76 acres into 23 single-family residential lots. The property is zoned R-4 Low Density Residential, which allows up to 4 dwelling units per acre. Property Characteristics The property is located on the west side of Crystal Springs Road SW and south of the Centralia Power Canal. The property is identified by Assessor?????’s Tax Parcel number 22718320300. The subject property is bounded on the north by the Centralia Power Canal, which is also the boundary of Yelm’s Urban Growth Area. The area across the canal and to the east is in Thurston County and is zoned Rural Residential 1/5 and is rural residential in character. The area to the south of the property consists of Yelm Creek Estates which is a residential subdivision zoned R-6 Moderate Density Residential. 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 9, 2007, and an amended Notice of Application was mailed on February 6, 2007. Notice of the date and time of the public hearing before the Hearing Examiner was posted on the project site, mailed to the owners of property within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on May 9, 2007. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on May 11, 2007 The Site Plan Review Committee has considered the application for the above referenced project and finds that, as conditioned below, the proposed project is consistent with the Yelm Comprehensive Plan, the Shoreline Master Program for the Thurston Region, and all applicable City policies and development standards. State Environmental Policy Act The City of Yelm SEPA Responsible Official issued a Mitigated Determination of Nonsignificance based on WAC 197-11-158 on March 12, 2007. 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. The Mitigated Determination of Non-significance was issued with the following conditions: ?? The applicant shall realign the gravel portion of Crystal Springs Road to intersect the paved portion of Crystal Springs at 90 degrees. This section is from the proposed entrance of the northern internal road to the bridge crossing the Centralia Power Canal. The realignment shall consist of a 30 foot paved apron, 4 foot shoulder and drainage ditch on the northeast and southwest of the entrance of Crystal Springs Road. This shoulder shall extend from the edge of curb constructed with the new northern internal road, and continue on the northeast side of the realigned access for a length of approximately 50 feet. ?? The applicant shall dedicate the future SR 510 Yelm Loop located within the Shoreline Jurisdiction area to the City for future right-of-way. ?? Civil engineering plans shall include a temporary erosion control plan to be approved by the City of Yelm. ?? The developer shall provide at least 5% of total acreage as qualified open space which shall include the Shoreline Jurisdiction area. This area shall be signed to SUB-05-0671-YL Page 2 of 16 protect the shoreline environment, and shall provide public access to the Shoreline. An easement shall be provided to the City of Yelm and WSDOT for shoreline restoration purposes. ?? The developer shall protect the Flood Hazard Zone area, by assuring that encroachments shall not result in any increase of flood levels. Protective fencing shall be installed at the flood zone area during all construction. ?? The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School Districts. Critical Areas and Resource Lands As stated in Section 14.08.010 YMC, the regulations of the Critical Areas Code are intended to protect critical areas in accordance with the Growth Management Act and through the application of the best available science, to maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species. Riparian Buffer The applicant is required to keep all construction outside of the 150 foot Riparian Habitat buffer of the creek, and the 100-year flood plain. Section 14.08.140(D)(2) YMC requires a 150 foot Riparian Habitat Area along Yelm Creek. Section 14.08.140(D)(2)(d) allows buffer averaging when the reduction will not reduce stream or habitat functions, the proposal will provide additional habitat protection, the total area contained in the riparian habitat areas of each stream is not decreased, the area is not reduced by more than twenty-five percent (25%) in any one location, and the width reduction will not be located within another critical area or associated buffer.. The proposal shows residential lots partially located within the 150 foot riparian buffer. The bank along Yelm Creek in this location is approximately 16 feet above the ordinary high water mark. At the top of the bank, the ground levels off, and has been used in the past as pasture land, and more recently mowed as lawn. The existing residence and barn are also located in the riparian buffer. The barn is proposed to be removed and the grass restored. The project is providing more than the minimum 150 buffer on the west side of Yelm Creek, which will be left in its natural state. The bank on the east side provides habitat and stream protection, and the reduction area is outside of wetland buffers. Wetlands Wetlands are rated according to the Washington State Department of Ecology wetland rating system. The Wetland Delineation Report prepared by Pacific Rim Soil & Water SUB-05-0671-YL Page 3 of 16 Inc. indicates that two category III wetlands were identified on-site. Section 14.08.100(6)(A) YMC requires an 80’-150’ foot buffer for category III wetlands, based on the level of function. The southern wetland was rated as moderate, while the northern wetland did not meet this criteria. The required 150’ buffer for the moderate function wetland, encompasses the 80’ foot buffer for the lesser rated wetland, so both required buffers have been met. Comments submitted by Department of Ecology as a part of the SEPA review state that buffers associated with Yelm Creek and its associated wetlands must be marked in the field (e.g., staked and flagged) before the start of any clearing, grading or construction activity. Flood Zone As stated in Section 14.08.120 YMC for FEMA Designated 100-Year Floodplains, all new divisions of land, including subdivisions, short subdivisions, boundary line adjustments, binding site plans, and master planned communities shall not create any building lot for commercial or residential residential purposes with any portion within the floodplain. Floodplain areas shall be dedicated as open space. The preliminary site plan displays no disturbance within the 100 year flood plain area. The MDNS requires the applicant to provide an erosion control plan to protect the flood zone. The creek, associated wetlands, and flood zone will be left undisturbed and in their natural state. The proposed residential lots and stormwater retention area will be located outside of the flood zone. Critical Aquifer Recharge Areas Critical aquifer recharge areas are those areas with a critical recharging effect on aquifers used for potable water as defined by Section 365-190-030(2) WAC. A critical aquifer recharge area has prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. The entire city of Yelm and its urban growth area is identified as a highly susceptible critical aquifer recharge area. High Ground Water No development shall locate within 50 feet, measured on a horizontal plane, from the outer edge of the high ground water hazard area or extending to a ground elevation two feet above the base flood elevation, whichever is less. The bottom of any infiltration facility for stormwater discharge shall be located at least 6 feet above the base flood elevation. The contours of the land on the subject property adjacent to the east side of Yelm Creek enable possible flooding caused by a combination of high ground water and overflow of the creek to remain at a level that would not affect the portion of the site that is being developed. Stormwater facilities on the site have been located outside of any potential high ground water hazard areas. Overflow from the Stormwater facilities shall not be directed into the shoreline jurisdictional area. SUB-05-0671-YL Page 4 of 16 Thurston SMP IV. Priorities: In accordance with the Shoreline Management Act of 1971, the management of Shorelines of Statewide Significance shall be given preferences to uses, in the following order of priority, which: 1. Recognize and protect the state-wide interest over local interest; 2. Preserve the natural character of the shoreline; 3. Result in long-term over short-term benefit; 4. Protect the resources and ecology of the shoreline; 5. Increase public access to publicly-owned areas of the shorelines; 6. Increase recreational opportunities for the public on the shoreline; 7. Protect life and property from hazards of flood; and 8. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. Yelm Creek is listed as a shoreline of the state. Development within 200-feet of a shoreline of the state requires issuance of a shoreline substantial development permit, after a public hearing before the City of Yelm Hearing Examiner who shall issue a decision and recommendation for the shoreline substantial development permit. Any person or agency of record, oral or written, that disagrees with the decision of the Hearing Examiner may make a written request for reconsideration by the Hearing Examiner within 10 working days after the written decision of the Hearing Examiner has been rendered. The final decision by the Hearing Examiner may be appealed to the City Council by any aggrieved person or agency of record, oral or written, that disagrees with the decision. The shoreline designation of the site is Rural. Residential densities in this environment shall not exceed two dwellings per acre, regardless of housing type. The conceptual site plan indicates that 1.42 dwelling units per acre are proposed within the shoreline jurisdictional area consisting of 5.64 acres. The erosion control plan will assure protection of the creek, wetlands, and flood zone. The applicant shall provide an erosion control plan to assure no disturbance to this area. The undisturbed buffer area effectively protects the creek and its associated wetlands. Stormwater treatment provides for treatment of stormwater before it is released back into the ground. Coverage under a construction stormwater NPDES permit will be required and must be obtained before the start of any construction activities per Department of Ecology SEPA review comments. At this time, there is no public recreation for Yelm Creek, other than a park located on First Street in the center of town. It is the goal of the developer to leave Yelm Creek in its natural state. Public access to shorelines shall be permitted only in a manner which preserves or enhances the characteristics of the shoreline which existed prior to establishment of SUB-05-0671-YL Page 5 of 16 public access. The applicant is providing a 10 foot easement located to the south of lot 23 providing access to the shoreline area. The applicant is also proposing a 10 foot easement which is located within lot 23 along the south property line. The applicant will be required to dedicate a 20 foot easement to the City of Yelm and Washington State Department of Transportation to access the Shoreline area for any City or State sponsored projects that might result in creek and flood protection enhancement. The easement on the private lot is proposed to be located right to the building setback line of lot 23 which could be fenced and thus, does not allow for adequate access to the creek. 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. The project is within the sewer service area. The developer will be required to connect to the sewer main currently located in Crystal Springs Road. Improvements required to serve the project will be specifically identified during civil plan review and will have to be installed by the developer and approved by the City prior to final subdivision approval. This satisfies the requirement for concurrency with sewer infrastructure. 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. The project is within Yelm’s water service area. The developer will be required to connect to the existing water lines in Crystal Springs Road. Improvements required to serve the proposal, including providing fire flows and potable water, will be specifically identified during civil plan review and will have to be installed by the developer and approved by the City before final subdivision approval. This satisfies the requirement for concurrency with water infrastructure. Concurrency with transportation infrastructure is achieved pursuant to Section 15.40.020 (5)(c) YMC when the project: SUB-05-0671-YL Page 6 of 16 ?? 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. The developer has indicated that frontage improvements along Crystal Springs Road will be installed to the City’s Neighborhood Collector standards and that internal streets will be constructed to adopted Local Access Residential standards. The location of the proposed northern internal street creates a safety and access issue in relation to the existing private gravel access from Crystal Springs Road to the property to the north (located at the northeast northeast corner of the site), and for the ingress and egress onto Crystal Springs Road at the corner where Crystal Springs Road becomes Canal Road. The proposed internal roadway improvements will block the existing private access. Realignment of the gravel portion of Crystal Springs Road to intersect the paved portion of Crystal Springs at 90 degrees is required to provide safe ingress and egress. The SR 510 Yelm Loop will be constructed along the southern portion of the subject property when complete. The loop is a planned replacement for State Routes 507 and 510 through the City of Yelm, creating a route for regional traffic to avoid the City core and local access traffic. Protection and dedication of the future right-of-way is required. Finally, Traffic Facility Charges are applied at the time of building permit issuance. These conditions satisfy the requirement for concurrency with transportation infrastructure. Fire concurrency is achieved pursuant to Section 15.40.020(B)(6) YMC upon payment of a Fire Fire Impact Fee at the time of building permit issuance. The current impact fee is $0.216 per square foot of gross floor area. This fee is applied at the time of building permit issuance and satisfies the requirement for concurrency with fire system improvements. Concurrency with school infrastructure is achieved 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 shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School Districts as required through the SEPA determination SUB-05-0671-YL Page 7 of 16 process with the City of Yelm. This agreement satisfies the requirement for concurrency with school infrastructure. 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, a minimum of 5 feet from side property lines with a total of 12 feet for both sideyards, and 25 feet from the rear property line. The setback for a flanking yard is 15 feet from the property line. The lots within the proposed preliminary subdivision appear to contain sufficient area to meet setback and lot coverage requirements, if conditioned as recommended. 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” parks” [RCW 36.70A.020(9)]. Chapter 14.12 YMC provides guidelines for the retention and creation of open space within the City. This chapter requires a minimum of five percent of the gross area of a new subdivision be dedicated as usable open space. Appropriate uses of dedicated open space include: ?? Environmental interpretation or education ?? Parks, tot lots, recreation lands, or athletic fields ?? Footpaths or bicycle trails No more than five percent of any dedicated open spaces may be impermeable surfaces and open space must be sited so as to be suitable for its intended purpose and at least 75% of the open space must be assessable to either the general public or all residents of the associated development. Open space shall be dedicated at the time of final subdivision approval. As part of the mitigation of impacts to the SR 510 Yelm Loop from the proposed subdivision, the applicant is dedicating portions of the required Loop right-of-way as well as a portion of the shoreline jurisdiction area to satisfy the open space requirements. This is acceptable as the Loop will include pedestrian trails that will link to the future trail system incorporated into the Yelm/Roy Prairie Line owned by the City of Yelm. The property is bordered to the west by Yelm Creek and its associated wetlands and flood plain. The applicant is also proposing to dedicate the shoreline jurisdiction area and flood zone area as part the open space requirement. SUB-05-0671-YL Page 8 of 16 Preserving the shoreline with the 150 foot buffer will protect this area, as well as meet the open space requirement. 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. Crystal Springs Road is identified as a Neighborhood Collector Street, which requires a 16 foot travel lane, vertical curb, a 7-foot planter strip with street trees 35 feet on center and “No Parking” signs, a 5 foot sidewalk, and street lighting. The construction of the SR 510 Yelm Loop will change the classification of Crystal Springs road to a Local Access Residential. Streets within the subdivision will be constructed to the local access standard and dedicated to the City upon final subdivision approval. A local access street includes two 11 foot travel lanes, two 7 foot parking lanes, a concrete rolled edge curb and gutter, a 6 foot planter strip with street trees 35 feet on center, a 5 foot sidewalk on one side of the street, and street lighting. The SR 510 Yelm Loop will encumber the southern portion of the subject property when complete. The Loop is a planned replacement for State Routes 507 and 510 through the City of Yelm, creating a route for regional traffic to avoid the City core and local access traffic. The Loop has been identified, an Environmental Assessment has been prepared, and a Finding of No Significant Impact has been issued. A public process was used to identify the proposed route and the Yelm Comprehensive Plan was updated to adopt the route as part of the transportation system in the City. The construction design of the Loop is currently being completed and right-of-way acquisition has been funded. The Yelm Comprehensive Plan was updated in 2000 to adopt the preferred alternative location of the SR 510 Yelm Loop, known as the Y2/Y3 transportation corridor, as identified in the Y2/Y3 Environmental Assessment. The Yelm Comprehensive Transportation Plan is adopted as an element of the Comprehensive Plan. The SR 510 Yelm Loop is identified as a project on the City’s Six Year Transportation Improvement Program. SUB-05-0671-YL Page 9 of 16 The Yelm Comprehensive Transportation Plan establishes the following policy regarding right-of-way… To retain existing right-of-way and to identify, acquire, and preserve rights-ofway. The City intends to use the recommendations from this Transportation Plan to identify current and future transportation system needs. The City will identify specific transportation system needs. The City will identify specific transportation corridors and alignments and locate and protect needed rights-of-way as soon as possible. Some methods that will be used to acquire and preserve rights-of-way include: ?? Requiring dedication of rights-of-way as a condition for development when the need for such rights-of-way is linked to the development; ?? Requesting donations of rights-of-way to the public; ?? Purchasing rights-of-way by paying fair market value; and ?? Acquiring development rights and easements from property owners. The City also seeks to protect rights-of-way from encroachment by any structure, substantial landscaping, or other obstruction to preserve the integrity of a comprehensive plan recommendation. Protection methods that may be used include a minimum setback requirement for property improvements to preserve sufficient right-of-way to allow for expansion of roadways; and development of specific guidelines regarding the installation and maintenance of any landscaping within the public right-of-way. In order to show consistency with the Comprehensive Plan as it relates to transportation and, specifically, the SR 510 Yelm Loop, the applicant has proposed to dedicate the future SR 510 Yelm Loop located within the Shoreline Jurisdiction area to the City for future right-of-way. 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 proposal cannot provide for connecting streets because of the location of of the Centralia Power Canal to the north, the future proposed S.R. 510 Yelm Loop to the south, and Yelm Creek which bisects the west portion of the property. 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 SUB-05-0671-YL Page 10 of 16 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 the property is currently served by City water. 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. There is an existing 6” water main located in Crystal Springs Road. This project will be required to connect and to extend the water main along all new proposed roadways within the subdivision to serve fire hydrants and individual services. The minimum water main size serving a fire hydrant shall be 8” in diameter. Any existing wells on the property must be decommissioned pursuant to standards established by the Washington Department of Ecology and any water rights associated with these wells shall be dedicated to the City of Yelm. 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. The 2002 City of Yelm Water Comprehensive Plan identifies 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 the new homeland security measures. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area. Sewer connections are based on a consumption rate of 900 cubic feet a month and are charged at a rate of $5,725 per connection inside city limits. Each unit would be charged for one connection. An inspection fee of $145.00 per a STEP sewer system SUB-05-0671-YL Page 11 of 16 will also be required. These fees are subject to change and are payable at building permit issuance. There is an existing 2” sewer main located in Crystal Springs. This project will be required to install sewer main along all new proposed roadways within the subdivision. The proposed sewer main sizes will be reviewed during civil plan review. Each lot will be required to have a STEP connection box and STEP sewer service. Any existing on-site sewage disposal systems 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. The Community Development Department has reviewed this report and find that stormwater from the site can be managed appropriately through the conceptual plan assuming that overflow will not be directed into the shoreline jurisdiction area. Stormwater facilities require continued maintenance to ensure they remain in proper working condition. The preliminary site plan shows the west portion of the proposed stormwater facility as being located directly over the 10 foot access easement to the shoreline jurisdictional area. In addition, the storm pond also appears to be less than 10 feet away from the east property line of lot 23. Stormwater facilities must be located at least 10 feet from all property lines. 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 and will be required for all internal roadways and along the frontage of Crystal Springs Road. 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. SUB-05-0671-YL Page 12 of 16 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. Type II landscaping is intended to provide visual separation of uses from streets, and visual separation of compatible uses so as to soften the appearance of streets, parking areas and building elevation. It is used around the perimeter of a site with a minimum planting area of eight-feet in width, although for a residential subdivision a solid wood fence may be used for perimeter landscaping. Due to the location of the Centralia Canal on the north and Yelm Creek on the West, Type II landscaping will only be required on the southern property boundary and along the frontage of Crystal Springs Road. Type III landscaping is intended to provide visual relief where clear sight is desired. This type is utilized along pedestrian corridors and walks for separation of pedestrians from streets and parking areas. This includes planter strips with grass and street trees. A type III landscape buffer is required with frontage improvements along Crystal Springs Road as well as new internal streets. Type III landscaping on Crystal Springs Road shall include drought tolerant shrubs and bark instead of grass. The conceptual landscaping plan correctly shows proposed type III landscaping in required areas. Type V landscaping is to provide visual relief in stormwater retention/detention areas with vegetation that is suitable and will thrive in hydric soils. The conceptual landscape plan correctly shows the proposed Type V landscaping as required. 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. SUB-05-0671-YL Page 13 of 16 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: 1. The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this this approval. 2. 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. 3. All dwelling units within 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 requirements for cross connection control as required in Section 246-290-490 WAC shall be met by the applicant. 4. All construction shall remain outside of the required 150-foot creek and wetland buffer. An approved erosion control plan will be required to protect this area. 5. The developer shall dedicate the Shoreline Jurisdiction area as qualified open space which shall include the Shoreline Jurisdiction area and give an easement to the City of Yelm and Washington State Department of Transportation for restoration and repair. This area shall be signed to protect the shoreline environment, and shall provide public access to the shoreline with a pedestrian pathway. The pathway shall be ADA compliant to provide a 5-foot asphalt surface, with slopes meeting ADA regulations. The proposed pathway shall be shown on civil plans. 6. The applicant shall provide a 20’ foot easement to the City of Yelm for access to Yelm Creek for any city-sponsored projects that might result in creek and flood SUB-05-0671-YL Page 14 of 16 protection enhancement. This easement shall not encumber any portions of the proposed private lots. 7. The civil engineering plans shall include plans for the collection, treatment, and infiltration of stromwater 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 system shall be held in common by the Homeowners Association and 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 locate stormwater facilities at least 10 feet from all property lines. 8. 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. 9. The applicant shall be responsible for the payment of hydrant locks on all fire hydrants required and the locks shall be inspected by the Public Works department before project completion. The applicant shall pay $300.00 per required hydrant lock for the purchase and installation of the locks. These fees shall be collected by the Community Development Department prior to final plat recording. 10. Street lighting and interior street lighting will be required. Civil plan submittal shall include a lighting design plan for review and approval. 11. Pursuant to the requirements of Chapter 15.40 YMC, the following requirements must be met for concurrency purposes: ?? The builder of any structure within the subdivision 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). 12. Prior to civil plan approval, the applicant will provide the Community Development Department an addressing map for approval. 13. Prior to final plat application, a subdivision name must be reserved with the Thurston County Auditor’s Office. 14. The civil engineering plans shall include a detailed final landscape plan that identifies types II, III, and V landscaping which is consistent with the conceptual SUB-05-0671-YL Page 15 of 16 landscaping plan. Type II landscaping is required along the southern property boundary and along the frontage of Crystal Springs Road. A type III landscape buffer shall be identified along the property frontage of Crystal Springs Road as well as new internal streets. Type III landscaping on Crystal Springs Road shall include drought tolerant shrubs and bark instead of grass. Type V landscaping shall be displayed within all stormwater retention/detention facilities. All planting strips and required landscaping located in Crystal Springs Road shall be served by a drip irrigation system with a separate water meter and an approved backflow prevention device. The applicant shall submit a final landscape and irrigation plan at the time of civil plan submission. 15. 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. Conclusion: The proposed project is consistent with the Shoreline Master Program provisions for allowable activities in areas designated as rural. The use is consistent with the policy of RCW 90.58.020 which states: “the policy of the state is to provide for the management of the shoreline by planning for and fostering all reasonable and appropriate uses”. The policy is designed to insure the development of shorelines in a manner which allows for limited reduction of rights of the public which promoting and enhancing public interest. The policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. Based on the Analysis and Conditions of Approval above, staff recommends that the Hearing Examiner approve SHO-07-0137-YL and and SUB-05-0671-YL. SUB-05-0671-YL Page 16 of 16 City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER The Hearing Examiner for the City of Yelm will hold an open record public hearing on 9:00 AM on Monday, May 21, 2007, at Yelm City Hall, 105 Yelm Avenue West in Yelm, Washington. The purpose of the hearing will be to receive public comments on a proposal by Westbrook Investments to subdivide 9.76 acres into 23 single family residential lots. The proposal is located at 9003 Crystal Springs Road and is located just south of the Centralia Canal and is described as Assessor’s Tax Parcel Number 22718320300 Case Number SUB-05-0671-YL & SHO-07-0137-YL. The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the proposal and the Hearing Examiner will make a decision on the matter within 10 days after the hearing. Testimony may be given at the hearing or through written comments, which must be received by the close of the public hearing. Written comments may be submitted to the City of Yelm at the address shown above or mailed to: City of Yelm, PO Box 479, Yelm, WA 98597. Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue West, Yelm, WA. For additional information, please contact Nisha Box at (360) 458-3835. The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate in this hearing, call the City Clerk, Janine Schnepf, at (360) 458-8402, at least 4 days before the meeting. ATTEST: City of Yelm Janine Schnepf, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, May 11, 2007 Posted in Public Areas: Wednesday, May 9, 2007