HE PacketCity of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Case Number: SUB-07-0057-YL Applicant: Stanton Development, LLC P.O. Box 2307 Kirkland,
WA 98083 Agent: Skillings –Connolly, Inc. 5016 Lacey Blvd. SE Lacey, WA 98503 Request: Subdivide 2.81 acres into 15 single family dwelling units. Recommendation: Approval with conditions
Exhibit I: Site plan & Related documents on disk Exhibit II: 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 2.81 acres into 15 single-family residential lots. The property is zoned R-6 Low Density Residential, which allows
up to 6 dwelling units per acre. Property Characteristics The property is located at 9405 Cullens Road SE and is identified by Assessor’s Tax Parcel number 21724110700. The subject property
is bound on the north by the Cullens Road Plat, which has preliminary plat approval. The prop?????erty to the east is in Thurston County and the Yelm urban growth area. The area to
the south of the property consists of Prairie Winds Estates which is a completed residential subdivision zoned R-6 Moderate Density Residential. And the adjoining property to the west
is zoned as C-1 commercial. 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 February 16, 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 7, 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 27, 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:
?? Civil engineering plans shall include erosion control plans to be approved by the City of Yelm. ?? The applicant shall complete half street frontage improvements on Cullens Road beginning
at the point where the Prairie Winds subdivision stopped their frontage improvements to the south, and extending north across the frontage of the proposed project. ?? Final plat approval
will not be granted prior to the completion and dedication of the future street improvement occurring in the Cullens Road subdivision to the north. ?? The developer shall show compliance
with ORCAA permitting requirements prior to demolition of on-site structures. ?? The developer shall provide at least 5% of total acreage as qualified and usable open space. ?? Prior
to final plat plat approval, the developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. SUB-05-0671-YL Page 2 of 12
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 existing sewer line currently located on Cullens Road and extend the line north across
the Cullens Road frontage. Connection will also be required to the sewer line located on Prairie Winds Street and will need to be extended through the proposed project to the Cullens
Road Plat to the north. 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
line located on Cullens Road and extend the line across the Cullens Road frontage. Connection will also be required to the water line located in Prairie Winds Street and will need to
be extended through the proposed project to the Cullens Road Plat to the north. 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: ?? Makes on-site and
frontage improvements consistent with city standards and roads necessary to serve the proposed project consistent with safety and public interest; SUB-05-0671-YL Page 3 of 12
?? 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 Road will be installed to the City’s adopted Neighborhood Collector standards and that internal
streets will be constructed to adopted Local Access Residential standards. The applicant will be required to complete frontage improvements on Cullens Road beginning at the point where
the Prairie Winds subdivision stopped their frontage improvements to the south, and extending north across the frontage of the proposed project. Finally, Traffic Facility Charges are
applied at the time of building permit issuance. These conditions satisfy the requirement for 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 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 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, 5 feet from side property lines with a total of 12 feet, 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. SUB-05-0671-YL Page 4 of 12
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)]. 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. The proposal includes
one ‘open space’ tract, which is the same area that is being utilized for the underground stormwater treatment and infiltration. The proposed project meets the five percent open space
requirement by providing 6,120 square feet of open space within this tract. The proposal did not show how the open space tract will be improved to meet the intent of Section 14.12.050
YMC by providing usable open space in the form of parks, tot lots, recreation lands, or athletic fields. 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. Cullens 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. SUB-05-0671-YL Page 5 of 12
Streets within the subdivision will be constructed to the Local Access Residential 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. Section 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 project is proposing a connection to the existing future
street connection located to the south which was created by the Prairie Winds Subdivision. The project is also providing a street connection to the Cullens Road Plat to the north. Final
plat shall not be approved until the connection is made. 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. 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). There is an existing 8” water main located in Cullens Road and Prairie Winds Street. The project will be required to extend the water mains across the
Cullens Road frontage and also connect to the Prairie Winds Street line through the proposed project to the Cullens Road Plat to the north. Each lot will be required to have fire hydrant
coverage and water meters. The minimum water main size serving a fire hydrant shall be 8” in diameter. SUB-05-0671-YL Page 6 of 12
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 will also be required. These fees are subject to change and are payable at building permit issuance.
There is an existing 4” sewer main located in Cullens Road and Prairie Winds Street. The project will be required to extend the sewer mains across the Cullens Road frontage and also
connect to the Prairie Winds Street line through the proposed project to the Cullens Road Plat to the north. 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 SUB-05-0671-YL Page 7 of 12
site can be managed appropriately through the conceptual plan. 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 and will be required for all internal roadways and along the frontage of Cullens 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. 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 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. Type II landscaping
will be required around the perimeter of the site and along the frontage of Cullens Road. The conceptual landscape plan correctly shows the required Type II landscaping. 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 as part of the frontage improvements along Cullens Road as well as new internal streets.
Type III landscaping on Cullens Road shall include drought tolerant shrubs and bark instead of grass. The conceptual landscaping plan correctly shows proposed type III landscaping in
required areas. SUB-05-0671-YL Page 8 of 12
Type V landscaping 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. A tree and vegetation plan is required to show existing trees over 8-inches in diameter, and 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/stormwater tract are to remain undisturbed. Existing trees to remain, that are located in areas of qualified
open space, shall be protected during development with protective fencing at the drip line. All machinery shall be kept out of the drip line. Trees located in the area of proposed development
areas are in danger of future tree failure with grading near the base of the trees. The existing trees are a group of large Douglas Firs most of which are located on lots 6 and 13 and
within the proposed Road A adjacent to lots 5, 6, and 7. The removal of any existing trees will require mitigation for replacement in other areas. 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. 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. SUB-05-0671-YL Page
9 of 12
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 approval. 2. Each dwelling within
the subdivision shall connect to the City S.T.E.P sewer system. The project will be required to extend the sewer mains across the Cullens Road frontage and also connect to the Prairie
Winds Street line through the proposed project to the Cullens Road Plat to the north. 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 project will be required to extend the water mains across the Cullens Road frontage and also
connect to the Prairie Winds Street line through the proposed project to the Cullens Road Plat to the north. 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. 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. 5. 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. 6. 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. These fees shall be collected by the Community Development Department prior to final plat recording. SUB-05-0671-YL Page 10 of 12
7. Street lighting and interior street lighting will be required. The applicant shall contact IntoLight to provide a lighting design plan for approval. 8. 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). 9. Prior to
civil plan approval, the applicant will provide the Community Development Department an addressing map for approval. 10. Prior to final plat application, a subdivision name must be reserved
with the Thurston County Auditor’s Office. 11. 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 landscaping plan. Type II landscaping is required along the perimeter of the property and along the frontage of Cullens Road. A type III landscape buffer shall be
identified along the property frontage of Cullens Road as well as new internal streets. Type III landscaping along Cullens 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 Cullens 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. 12 The applicant shall provide a minimum of five (5) percent of the gross land area as qualified open space developed as parks. 13. 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 within the
Open Space. Trees to remain must be protected during construction pursuant to Chapter 14.16.YMC. 14. 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. SUB-05-0671-YL Page 11 of 12
Conclusion: Based on the Analysis and Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-07-0057-YL. SUB-05-0671-YL Page 12 of 12
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 Stanton Development, LLC, to subdivide 2.81 acres into 15 single family residential lots. The proposal is located at 9405 Cullens Rd. SE, Yelm WA 98597.
and is located between 94th Avenue SE and the proposed Cullens Road Plat subdivision to the north and is described as Assessor’s Tax Parcel Number 21724110700. Case Number SUB-07-0057-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