05-0684 Staff ReportSTAFF REPORT City of Yelm Community Development Department Case Number: SUB-05-0684-YL Applicant: Jerry Honeysett Honeysett Development 42109 236th Avenue SE Enumclaw, WA 98022 Agent:
Skillings Connelly, Inc. 5016 Lacey Blvd. SE Lacey, WA 98503 Request: Subdivide 6.96 acres into 24 single family lots. Recommendation: Preliminary Approval, with conditions Exhibit I:
Application Packet (application, preliminary subdivision, site plan, conceptual landscape plan, environmental checklist) Exhibit II: Traffic Impact Analysis and review comments Exhibit
III: Mitigated Determination of Non-Significance Exhibit IV: Comment letters Proposal The applicant is proposing to subdivide approximately 6.96 acres into 24 single-family residential
lots. The property is zoned Moderate Density Residential (R-6), which allows for residential development not to exceed six dwelling units per acre and not less than three dwelling units
per acre. Property Characteristics The property is located at 9301 Cullens Road SE, Yelm, WA 98597.????? The property is currently identified by two Assessor’s Tax Parcel Numbers 21724110100
and 21724110101. The property has been used for residential purposes. The surrounding properties are zoned residential with the exception of the vacant property to the west being zoned
Commercial. The existing home located on proposed lot 13 and the well house located on Tract B are to remain. Existing structures located on the southeast corner of Tract B,
parcel number 21724110102 are also to remain. All other structures on the subject property are to be removed. The property is generally flat with the exception of areas within the open
space and north and south of the open space tract which may exceed five percent slopes. 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 August 25, 2006. Notice of the date and time of the public hearing before the Hearing Examiner was posted on the
project site on November 22, 2006 and mailed to property owners within 300 feet of the project site on November 29, 2006 due to weather conditions. We request that the hearing be kept
open for additional comments until December 11, 2006 due to the delay in the mailing distribution of the Notice of Hearing. Notice of the date and time of the public hearing was published
in the Nisqually Valley News in the legal notice section on November 24, 2006. 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 October 2, 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. The Mitigated
Determination of Non-significance included the following findings of fact: 1. This Mitigated Determination of Non-Significance is based on the project as proposed and the impacts and
potential mitigation measures reflected in the following environmental documents: ?? Environmental Checklist (June 2006, prepared by Skillings Connolly, Inc.) ?? Traffic Impact Analysis
(August 2006, prepared by Skillings Connolly, Inc.) ?? Preliminary Hydraulic Report (June 2006, prepared by Skillings Connolly, Inc.) 2. Existing residential and other structures located
on the the site will be demolished. The Olympic Region Clean Air Authority (ORCAA) approval is required prior to demolition. 3. Chapter 14.12 YMC requires the dedication of open space
for all residential development. Section 14.12.050 YMC lists four (4) attributes for qualification of open space. Staff Report Page 2 of 12
4. The Yelm School District has adopted a school mitigation requirement based on the demand that new residential units create for additional school services and facilities. Additional
demands on the school system will be mitigated through the requirement that the developer enter into a mitigation agreement with the District. The Mitigated DNS contained the following
conditions, based on review of the environmental checklist and other environmental documents: 1. Temporary erosion control systems to be approved by the City of Yelm. 2. The developer
shall show compliance with ORCAA prior to demolition of on-site structures. 3. The developer shall provide at least 5% of total acreage as qualified and usable open space. 4. The developer
shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. 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 sewer lines currently located in Cullens 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 existing water lines in Cullens Road. Improvements required to serve the proposal, including providing fire flows and potable water, will be specifically identified Staff
Report Page 3 of 12
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 (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. The developer has indicated that frontage
improvements along Cullens will be installed to the City’s adopted Neighborhood Collector standard and that internal streets will be constructed to adopted Local Access Residential standards.
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 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 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. The Mitigated Determination
of Non-significance requires the developer enter into a mitigation agreement with Yelm Community Schools. This satisfies the requirement for concurrency with schools. Lots Size and Setbacks
The Yelm Zoning Code does not establish minimum or maximum lot sizes, although it does require standard setbacks which create a building envelope. Staff Report Page 4 of 12
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 correctly
identifies and shows the required setbacks and each lot with sufficient area to construct a single family dwelling. Tract B is shown and held for future residential development. Applicant
has indicated that Tract B will be developed upon abandonment of well head protection covenant and therefore it is appropriate to hold and identify Tract B as future residential development.
Adjacent Land Uses and Zoning The site is bordered by properties on the north and south which are zoned Moderate Density Residential (R6). The property west of the subject site is zoned
Commercial (C1), and is currently undeveloped. The plat, as proposed to be conditioned as discussed further in the landscaping section, 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 at Section 16.16.270 YMC requires a minimum of five percent of the gross land area to be dedicated as qualified open space according to the provisions of Chapter 14.12 YMC, which
indicates that open spaces be either: environmental interpretation; parks or athletic fields; off-road footpaths or bicycle trails; or any other use found by the City to further the
purposes of the Parks Chapter of the Municipal Code. The proposal includes one ‘open space’ tract, which is adjacent to the area for stormwater treatment and infiltration. The proposed
project meets the five percent open space requirement by providing 15,385 square feet of open space within this tract. The conceptual landscaping plan identifies the open space tract
as having type II landscaping, which is intended to provide visual separation of used from streets, and visual separation of compatible. The proposed open space will also incorporate
a picnic table and a swing set. Staff Report Page 5 of 12
The final landscaping plan should include plans to create a neighborhood park within the open space tract which include a mix of elements typically found in an improved park area such
as play equipment, athletic courts, and picnic facilities. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area. There is an
existing 4” sewer main located on Cullens Road at the south property line of Cherry Meadows subdivision. This sewer main will need to be extended along Cullens Road to the south and
connected to the existing 4” sewer main located at the north property corner of Prairie Winds Subdivision and shall be 4” in size. 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 sewer main installed to serve the subdivision. 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.
Parcel number 21724110100 as part of the proposed project falls within the Killion Road North sewer Local Improvement District which allows for a reduced connection rate of $3,646.30
per ERU for a total of 2 ERU’s. Any existing on-site sewage disposal system(s) shall be abandoned per Thurston County Health Department standards. Water System The City’s Water Comprehensive
Plan identifies the property as being within the water service area. The existing water main located on Cullens Road at the south property line of Cherry Meadows subdivision. This water
main will need to be extended to the south and connected to an existing 10” water main located at the north property corner of Prairie Winds subdivision and shall be 10” in size. 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 current fee to connect to the City water system is $1,500.00 per Equivalent Residential Unit (900 cubic feet of water consumption per month). This fee is
subject to change, and is determined at the time of connection. The existing well located on parcel 21724110101 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. There is an existing well located on proposed Tract B parcel number (21724110100) which serves a
mobile home (to be removed), and the Staff Report Page 6 of 12
existing residence located at 9331 Cullens Road SE. The owner of the existing residence at 9331 Cullens Road SE wishes to retain his use of this well. The Rules and Regulations of the
Thurston County Board of Health Governing Water Supplies provides guidance for wellhead protection, assuring that there is no contamination source within a 100-feet radius of a wellhead.
In order to protect the wellhead of the adjoining property to the east, a protective wellhead covenant shall be created and recorded to assure protection for the existing well. This
wellhead protection radius has been shown on the site plan. This area is shown on the plat as Tract B. 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. 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. Frontage Improvements along Cullens Road will meet the neighborhood collector standards and the internal streets will be constructed to Local
Access Residential standards as required in the development guidelines. When constructing the frontage improvements the applicant must insure that the travel lane on the opposite side
(east) of the road will be at least 12 feet in width. If the remaining roadway is not 12 feet in width than the applicant will be required to overlay the existing lane and provide 12
feet of lane width. 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 one future street connection to the residentially
zoned property to the south which satisfies the requirements to connected streets. Staff Report Page 7 of 12
Parking Chapter 17.72 YMC requires minimum parking ratio of two spaces per dwelling unit, which is typically met in subdivisions through a standard width driveway with a 20 foot approach.
On-street parking is allowed on both sides of local access residential streets. 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 stormwater. The proposed
stormwater treatment system consists of a Biofilteration system which utilizes individual drywells and on-site retention basins. 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 civil engineering plan approval. Addressing and street naming within the subdivision will be assigned by the Community Development Department prior to civil engineering
plan 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. 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 Staff Report Page 8 of 12
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. A type II landscape buffer is required along the perimeter of the site. 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 along the property frontages of Cullens Road, as well as new internal streets. The conceptual landscaping plan correctly shows proposed
type III landscaping in required areas. Type V landscaping to provide visual relief in stormwater retention/detention areas with vegetation that is suitable and will thrive in hydric
soils. 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. The applicant has submitted a tree and vegetation plan which indicates
that all existing trees in the open space are to remain undisturbed. The existing trees are a group of large Douglas Firs some of which are located in areas that may put them in danger
of future tree failure. Grading activity for future road construction may result in the removal of trees due to steep slopes on the north and south side of the open space tract. Mitigation
will depend on how many trees total will be removed and the availability to mitigate that on a 1 to1 basis. 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 All of Yelm is considered a critical aquifer recharge area, and existing development regulations address the potential
impacts to this critical area. The primary regulation for protecting the aquifer is the requirement for collection, treatment, and infiltration of stormwater from a project site. Staff
Report Page 9 of 12
Yelm’s critical areas maps indicate that the property is located outside of wetlands and flood zones, and high groundwater areas. 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 as recommended in this report. The subdivision, if conditioned as recommended in this report, 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 approval. 2. Each dwelling within the subdivision shall connect to the City S.T.E.P. sewer
system. The existing sewer main located on Cullens Road at the south property line of Cherry Meadows subdivision will need to be extended to the south and connected to an existing 4”
sewer main located at the north property corner of Prairie Winds subdivision. The connection fee and inspection fee will be established at the time of building permit issuance 3. Each
dwelling unit with the subdivision shall connect to the City water system. The existing water main located on Cullens Road at the south property line of Cherry Meadows subdivision will
need to be extended to the south and connected to an existing 10” water main located at the north property corner of Prairie Winds subdivision. The water main shall be 10” in size and
provide internal service to lots and hydrants. The connection fee and meter fee will be established at the time of building permit issuance. All conditions for cross connection control
shall be met, as required in Section 246-290-490 WAC. 4. The developer shall provide and record a “protective well covenant” meeting the standards of the Thurston County Health Department
restricting any contaminate sources within the 100-foot well radius of the well located on the property to the Staff Report Page 10 of 12
east of this site. Tract B will be held for future residential development upon abandonment of the well head protection covenant. 5. The proponent shall mitigate transportation impacts
based on the new residential P.M. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit.
A TFC of $757.50 per dwelling unit is due and payable at time of building permit issuance. Credit should be given for the dwelling units to be removed. 6. Frontage improvements are required
on the west half of Cullens Road, and shall be improved to city standards for a Neighborhood Collector Street. Applicant must ensure that the travel lane on the opposite side (east)
of the Cullens Road will be at least 12 feet in width as part of the frontage improvement requirements. Internal streets will be constructed to Local Access Residential standards per
the development guidelines. 7. 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). 8. Olympic Region Clean Air Authority (ORCAA) approval is required for demolition of the existing mobile home. 9. The proponent shall
provide at least 5% of total acreage as qualified open space 10. The civil engineering plans shall include plans for the collection, treatment, and infiltration of stormwater 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 include an operation and maintenance plan. The 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. 11. Street lighting is required. The Applicant shall contact City of Yelm and Intolight to provide a
lighting design plan for review and approval. 12. Prior to the approval of civil engineering plans, the applicant will provide the Community Development Department an addressing map
for approval. 13. Prior to the submission of final plat application, a subdivision name must be reserved with the Thurston County Auditor’s Office. Staff Report Page 11 of 12
14. The civil engineering plans shall include a landscaping plan that is consistent with the conceptual landscaping plan but that identifies type II landscaping along the perimeter of
the site. Landscaping appropriate to a neighborhood park shall be required in the open space. The landscaping plans shall include details for irrigation of all planting strips and required
landscaping located in any open space tract and along Cullens Road. Irrigation plans shall include a separate water meter and approved backflow prevention devices. 15. The developer
shall mitigate tree loss at a minimum of 1-1 for trees that cannot be preserved. Tree loss shall be mitigated by planting a mix of evergreen and deciduous trees along the East property
line and on the South property line of Tract B. Trees to remain must be protected during construction pursuant to Chapter 14.16 YMC 16. The applicant shall provide a performance assurance
device in order to provide for maintenance of the required landscaping until the 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. 17. Prior to construction, civil engineering plans shall be submitted to the Community Development
Department for review and approval. Civil plans submission shall be consistent with the requirements of the Yelm Development Guidelines and shall include details on all required infrastructure.
18. The civil engineering plans shall include a fire hydrant plan consistent with the Yelm Development Regulations which includes the proposed location of all hydrants and service lines
and fire flow calculations for all existing and proposed hydrants. 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 required hydrant locks. Based on the Analysis and Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-05-0684-YL. Staff Report Page 12 of
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