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07-0397 HE Staff Report (2)City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Hearing Date: June 23, 2008 Case Number: SUB-07-0397-YL Purvis Residential Development Applicant: Tahoma Terra, LLC 4200 6th Ave. SE, #301 Lacey, WA 98503 Agent: KPFF Consulting Engineers 4200 6th Ave. SE, Suite 309 Lacey, WA 98503 Request: Approval of 24 single family residential lots as Phase I of a subdivision of approximately 50 acres into 160 single family dwelling units. Recommendation: Approval of Phase I with conditions. Exhibit I: Site plan & Application materials (on disk) Exhibit II: Notice of Application & Comment Letters Exhibit III: Mitigated Determination of Non-Significance & Comment Letters Exhibit IV: Public Hearing Notice Proposal The applicant is proposing to subdivide approximately 50 acres into 160 single-family residential lots in a phased development. Phase I includes approximately 6.43 acres to be subdivided into 24 single-family residential lots. The property is zoned R-4 Low Density Resid?????ential, which allows up to 4 dwelling units per acre. Property Characteristics The property is located at 14504 Berry Valley Road SE and is identified by Assessor’s Tax Parcel numbers 21723140102, 21723140101, 21724230100. The site is currently in use as a single family residence with 5 additional mobile homes. The existing home and mobiles are proposed to remain until future phases of development. The site is varying in topography, and the majority of the land has been pasture for varying farm animals. An existing barn will be demolished. The subject property is bound to the west and south by properties which are zoned Master Planned Development (MPD). Master planned developments allow for mixed SUB-07-0397-YL Page 2 of 12 uses. The property to the north is zoned Residential (R-4). The adjoining properties to the east are also zoned Residential (R-4) and are currently being used for residential purposes. 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 December 5, 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 June 11, 2008. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on June 13, 2008. Comments based on the Notice of Application were received from Ed Wiltsie, and Washington State Department of Ecology. Mr. Wiltsie’s comments regarding traffic are addressed in the SEPA determination, and comments regarding, water, and stormwater are addressed in this document. Comments received from Department of Ecology indicate that a NPDES construction stormwater permit will be required. 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 April 1, 2008. 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: ?? Temporary erosion control systems shall be utilized to minimize offsite impacts from erosion. The plans shall be approved by the City of Yelm. Clearing limits and required wetland buffers shall be identified and marked in the field prior to any construction. SUB-07-0397-YL Page 3 of 12 ?? Dedication of roadways to the City of Yelm within Tahoma Terra Division 3 & 4 must occur prior to final plat approval of this proposal. ?? The Group B water system is to be managed as a “satellite system”. This requires approval by the Washington Department of Health, with an agreement and schedule for future connection to the City System, abandonment of the well, with water rights dedicated to the City of Yelm. ?? The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. ?? A final stormwater plan shall be submitted and approved by the City prior to any construction. Critical Areas The City’s wetlands maps (based on the National Wetlands Inventory Maps) indicate that there are wetlands present on the site. The Wetland Verification Report prepared by The Coot Company found that there is a Category III wetland, with a functional score of 23, located on the southwest portion of this property. This wetland has been been surveyed and inventoried by the Coot Company. The Category III wetland, with a functional score of 20 – 28 points requires a 150 foot buffer pursuant to Section 14.08.100(6)(a) YMC. This 150 foot buffer is shown on the site plan and is proposed as open space. 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. 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 SUB-07-0397-YL Page 4 of 12 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 lines installed in Tahoma Terra Divisions 3 & 4 located to the south of the subject property and extend service as needed to serve the proposed development. 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 water lines installed in Tahoma Terra Divisions 3 & 4 located to the south of the subject property and extend service as needed to serve the proposed development. 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. Although water rights are not required to find concurrency, which deals with utility infrastructure, the City has and continues to work towards the acquisition of additional water rights sufficient to serve the entire water service area and has a reasonable expectation that water rights will be in place at the time potable water is required at the time of building permit issuance. Concurrency with transportation infrastructure is achieved pursuant to Section 15.40.020 (5)(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; ?? 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 site is served by new roads constructed in the master planned community to the south. There are no frontage streets. The traffic impact analysis showed no measurable impact created from the 24.24 trips created. The model did show impacts SUB-07-0397-YL Page 5 of 12 at build out of 160 dwelling units, requiring a future connection to the north, as planned for in the Yelm Transportation Plan as Y-1. Future phases will require additional traffic study. Traffic facility Charges are based on trip generation and are due and payable at building permit issuance. These measures satisfy the requirement for concurrency with transportation. 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 $0.32 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. A request for a mitigation agreement between the applicant and the school district became a condition of the Mitigated Determination of Non-significance. This agreement satisfies the requirement for concurrency with school infrastructure. Transportation and Site Access 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. This project is proposed to be served by new streets being constructed in the Tahoma Terra subdivision. Dedication of roadways to the City of Yelm within Tahoma Terra Division 3 & 4 must occur prior to final plat approval of this proposal. 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 proposes street connections north to future development areas and the Y-1 connection, a planned improvement in the Yelm Transportation Plan, as well as connection to roadways being constructed in the Tahoma Terra Master Planned Community. As future development is proposed, additional traffic analysis will be required. SUB-07-0397-YL Page 6 of 12 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 due 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. 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. 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). The developer will be required to connect to the water lines installed in Tahoma Terra Divisions 3 & 4 located to the south of the subject property and extend service as needed to serve the proposed development. 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. There are two (2) existing single family dwelling units, and five (5) mobile homes located the parcels designated as “tracts for future development”. Currently, one of the homes, and 5 mobiles are served by a Group B water system. The remaining home is served by an exempt well. The Comprehensive Water Plan (CWP) for the City of Yelm states that if water lines are located within 200 feet of the site, that existing wells be abandoned, and the units connected to City services. The existing dwelling units are located more than 200 feet of proposed new water lines. It is the policy of the CWP to integrate satellite systems into the City’s water system. The Group B water system is to be managed as a “satellite system”. This requires approval by the Washington Department of Health, with an agreement and schedule for future connection to the City System, abandonment of the well, with water rights dedicated to the City of Yelm. This became a condition of the Mitigated Determination of Non-significance issued pursuant to the State Environmental Policy Act. SUB-07-0397-YL Page 7 of 12 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 $5,885 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 be required. These fees are subject to change and are payable at building permit issuance. The developer will be required to connect to the sewer lines installed in Tahoma Terra Divisions 3 & 4 located to the south of the subject property and extend service as needed to serve the proposed development. 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. 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 release 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. The stormwater system proposed includes a wet pond for treatment and detention pond for flow control. The facility is located at the southwest corner of the development for treatment, with level spreaders to release to the natural point of discharge at predeveloped rates. SUB-07-0397-YL Page 8 of 12 The pre-developed rate includes a portion of the Tahoma Terra property to the south. Stormwater from a portion of this subbasin has been collected and infiltrated within the Tahoma Terra development, thus the pre-developed release rate for that portion of land is included in the stormwater calculations. The runoff flow rate is determined to be at or below pre-developed condition flow rates and downstream analysis unnecessary. Stormwater facilities are required to be enclosed with vinyl coated chain link fencing. The fencing must be either green or black and also requires continued maintenance to ensure they remain in proper working condition. 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 an open space tract located at the southwest corner and encompasses the 150 foot wetland buffer area. This tract provides more than the minimum five percent open space requirement. Section 14.12.040 YMC allows for open space to be dedicated as environmental interpretation. The applicant is proposing a pathway around the wetland buffer as a recreation component to this development. In order to protect the wetland and its buffer, as well as the function of the stormwater facility, the pathway may not be beneficial. As future development occurs in this development, additional active recreation facilities shall be constructed to provide recreational opportunities for the entire development. SUB-07-0397-YL Page 9 of 12 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. The west portion of this development is a wetland, and should be left undisturbed. The land to the north and east is designated for future development, and will be landscaped at that time. Type II landscaping will be required along the south portion of Phase I. Type III landscaping is intended to provide visual relief where clear 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 street trees. 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. 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. 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. SUB-07-0397-YL Page 10 of 12 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. 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 approval. 2. All dwelling units within the subdivision shall connect to the City water system. The developer will be required to connect to the water lines installed in Tahoma Terra Divisions 3 & 4 located to the south of the subject property and extend service as needed to serve the proposed development. 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. 3. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans 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. 4. The applicant shall be responsible for the payment of hydrant locks on all fire hydrants required and the locks shall be installed by the Public Works department SUB-07-0397-YL Page 11 of 12 before project completion. These fees shall be collected by the Community Development Department prior to final plat recording. 5. Each dwelling within the subdivision shall connect to the City S.T.E.P sewer system. The developer will be required to connect to the sewer lines installed in Tahoma Terra Divisions 3 & 4 located to the south of the subject property and extend service as needed to serve the proposed development. The connection fee and inspection fee will be established at the time of building permit issuance. 6. Each dwelling unit within the subdivision is subject to a traffic facilities charge. This charge is due and payable at the time of building permit issuance. 7. 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 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. 8. Street lighting and interior street lighting will be required. The applicant shall contact IntoLight to provide a lighting design plan for approval. 9. All streets in this subdivision shall be constructed to meet City of Yelm Standards for local access residential. All future connections shall be clearly marked. 10. 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 2008 is $0.32 per square foot of new development, and is payable at building permit issuance (fee subject to change). 11. The civil engineering plans shall include 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. Type III landscape buffer shall be identified along the property frontage of the new internal streets and shall include drought tolerant shrubs and bark instead of grass. Type V landscaping shall be displayed within all stormwater retention/detention facilities. The applicant shall submit a final landscape and irrigation plan at the time of civil plan submission. 12. 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-07-0397-YL Page 12 of 12 13. The 150 foot wetland buffer shall be left undisturbed and dedicated as open space. Interpretive signage for the wetland is required. This could include the stormwater facilities role in the wetland’s function. 14. Future phases of this development shall provide for active recreational components. 15. Prior to civil plan approval, the applicant will provide the Community Development Department an addressing map for approval. 16. Prior to final plat application, a subdivision name must be reserved with the Thurston County Auditor’s Office. Conclusion: Based on the Analysis and Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-07-0397-YL.