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HE Decision4 of THFp~9~ City of Yelm ,~ o'~. e u i v 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 YELM WASHINGTON November 24, 2008 Ritter Holding Company 2840 Crites Street SW Tumwater, WA 98512 RE: BSP-08-0347-YL AND SPR-08-0346-YL, EAGLE PLAZA Dear Applicant: Transmitted herewith is the Report and Decision of the City of Yelm Hearing Examiner relating to the above-entitled matter. Very truly yours, STEPHEN K. CAUSSEAUX, JR. Hearing Examiner S KC/ca cc: Parties of Record CITY OF YELM -1- OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: BSP-08-0347-YL AND SPR-08-0346-YL EAGLE PLAZA APPLICANT: Ritter Holding Company 2840 Crites Street SW Tumwater, WA 98512 AGENT: Shea Carr & Jewell 2102 Carriage Drive SE Building H Olympia, WA 98502 SUMMARY OF REQUEST: The applicant is requesting binding site plan approval to create building pads for future commercial development and Site Plan Approval fora 36,000 sq.ft. medical office building and three (3) other commercial buildings on a 5.86 acre parcel of land. SUMMARY OF DECISION: Request granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on November 10, 2008. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: EXHIBIT "1" - Planning and Community Development Staff Report and Attachments -2- TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the site contains 5.86 acres and that the City had performed environmental review for the overall project. The City provided proper notice to include publication and posting. DFW investigated the site and found no gophers so required no mitigation. The MDNS requires mitigating measures for traffic. The property owner also owns property on the north and west sides of the present parcel and has an ownership of 50 acres all together. The TIA was performed for all future projects. Staff will use the TIA for future development and has considered the impact of all proposed developments. The traffic lowered several intersections below standard and the traffic mitigation brings the intersections back to proper level. The development will require intersection improvements and construction of a new road. The project also triggers the need for traffic impact fees. Water and sewer are available to serve the site. Participation in the LID will allow credit on the TFC. The site is located within the C1 zone classification which allows medical facilities. The project provides a pedestrian oriented development to include 12 foot wide sidewalks and pedestrian access from the street. A future access will occur to the west. The site plan shows corner enhancement provided and the stormwater system will consist of infiltration as opposed to wells. If the applicant uses wells, the system will need to meet the 2005 DOE Manual. Development will require demolition of the house on the site and the applicant has already removed the trailer. A condition requires decommissioning of wells and septic systems. They have provided extra parking based upon the normal needs of a medical facility. They will move the handicapped parking spaces to avoid topographic changes. Staff recommends approval subject to the conditions. AMY HEAD appeared and testified that the applicant agrees with the staff report and will meet all conditions of approval. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS, CONCLUSIONS AND DECISION: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record, viewed the property, heard testimony, and taken this matter under advisement. 2. The City's SEPA Responsible Official issued and published a Mitigated Determination of Non-Significance (MDNS) on October 17, 2008. No appeals were -3- filed. 3. Appropriate notice was provided pursuant to the Yelm Municipal Code. 4. The applicant has a possessory ownership interest in a rectangular, 5.86 acre parcel of property located at the southwest corner of the intersection of SR-510 and Tahoma Boulevard SE within the City of Yelm. The applicant requests binding site plan approval and site plan approval to allow construction of a 36,000 square foot medical office building and the creation of three pads for future commercial buildings containing a total of 32,786 square feet. The binding site plan would place each building pad on its own lot, but parking and other improvements will remain under common ownership. 5. The site plan shows the project developed in two phases with Phase 1 located on the southern half of the parcel and Phase 2 on the northern half. Phase 1 will consist of the medical office building and associated parking. Phase 2 will include the three commercial buildings and additional parking. 6. The site plan shows an access provided into Phase 1 from Tahoma Boulevard via a 40 foot wide, access easement located along the south property line. A second access from Tahoma Boulevard is provided near the center of the parcel. The site plan shows the medical building located near Tahoma Boulevard in the southeast corner of the site with the main entrance into the building on the north side. Parking spaces are located to the north and west of the building. Phase 2 will have a full service access onto SR-510 at the west property line and aright in/right out access from SR-510 near the center of the parcel. The access onto Tahoma Boulevard from the central portion of the parcel will also serve the three commercial buildings. Parking is provided to the south and west of the buildings. The site plan shows sidewalks along both SR-510 and Tahoma Boulevard and in the interior of the site. The parcel abuts SR-510 for approximately 414 feet and Tahoma Boulevard for approximately 585 feet. 7. The Phase 1 medical building requires a total of 180 parking stalls and the site plan shows 184 provided. The Phase 2 commercial area requires 131 stalls and the site plan shows 134 provided. The landscape requirements for the parking area exceed the requirements of the code by 1,272 square feet. The applicant will also install perimeter landscaping. 8. Abutting uses include a restaurant to the east across Tahoma Boulevard, a vacant parcel to the south, and a parcel improved with a single family dwelling to the west. SR-510 abuts the parcel on the north. The site is located within the Commercial (C1) zone classification of the Yelm Municipal Code (YMC) which allows a medical office building, retail development, and the provision of goods and services. The proposed uses are consistent with the C1 classification. All structures will meet -4- setbacks of 15 feet from the front property line, ten feet from the side property line, and 20 feet from the rear property line. No building will exceed the 40 foot height limit. The project complies with the requirements of the C1 zone classification. 9. The YMC places the area in a Village Retail District, and the site plan must meet the Yelm Design Guidelines. The Guidelines guide new development therein in relation to site planning, pedestrian access, vehicular access, and parking, building design, and landscape design. The project satisfies the design guidelines for the reasons set forth on Pages 7-10 of the staff report. 10. The site plan shows 10,622 square feet of internal landscaping plus perimeter Types 2 and 3 landscaping, as well as landscaping around the medical building. The amount of landscaping exceeds the requirements of Chapter 17.80 YMC. The binding site plan therefore makes appropriate provision for open spaces and parks and recreation. 11. The entire City of Yelm is considered a critical aquifer recharge area and YMC 14.08.150 requires treatment and infiltration of stormwater in a manner approved by the City. The applicant proposes water quality treatment utilizing an Aqua-Swirl Concentrator from Aquashield, Inc. The Washington Department of Ecology (DOE) has issued a general use level designation for the aqua-swirl concentrator confirming that it will provide the appropriate level of treatment. The City has previously approved such devices for use within the City. Construction of the storm drainage system to City standards and use of the Aqua-Swirl Concentrator assures that the binding site plan makes appropriate provision for drainage ways. 12. The environmental official considered traffic impacts of the present development along with other proposed commercial developments in the immediate area. Mitigating measures include a pro rata $212,934 payment for the installation of a traffic signal at the Longmire Street/SR-510 intersection. The mitigating measure requires installation of the signal prior to the generation of the 330t" peak p.m. trip. The applicant will also make a pro rata $500,807 payment to realign the intersection of 93rd Avenue/Burnett Road and SR-510. This improvement must be in place prior to the generation of the 740t" peak p.m. trip. The applicant must also make a pro rata $97,873 payment for the construction of Coates Road extension from Cullens Road to Killion Road. The Coates Road extension must be in place prior to generation of the 1,190t" peak p.m. trip. In addition, to the mitigating measures the applicant must also satisfy the City Transportation Facility Charge (TFC) based upon the new p.m. peak hour trips generated by the project. Compliance with mitigating measures and the TFC will assure that the binding site plan makes appropriate provision for streets. 13. The City's water comprehensive plan places the site within the City's water service area. Water mains presently exist in SR-510 and Tahoma Boulevard and are -5- available to serve the project. The applicant must pay the applicable connection fee. The City of Yelm's STEP sewer service system serves the site as existing sewer mains are located in SR-510 and Tahoma Boulevard. These sewer lines have capacity to serve the property. The binding site plan makes appropriate provision for potable water supplies and sanitary waste. 14. Since the project proposes commercial uses exclusively it will have no impact on the Yelm School District. The site plan shows sidewalks across the plat frontage with SR-510 and Tahoma Boulevard SE as well as within the interior of the project. The binding site plan makes appropriate provision for schools and school grounds and safe walking conditions to include sidewalks. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed binding site plan and site plan review satisfy all applicable criteria in the YMC to include Sections 17.84.020 and 16.32. 3. The applicant has shown that the proposed binding site plan makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, sidewalks, and other features which assure safe walking conditions. 4. Public facilities impacted by the proposed binding site plan are adequate and available to serve the site or will be made available prior to final binding site plan approval. 5. The request is hereby granted subject to the following conditions: 1. The conditions of the Mitigated Determination of Nonsignificance are hereby referenced and considered conditions of this approval. 2. Each building shall connect to City water service. The connection fee and meter fee will be established at the time of building permit issuance. All conditions for cross connection control as required in Section 246-290- 490 WAC shall be met prior to issuance of certificates of occupancy. 3. A determination that a potable water supply adequate to serve the development shall be made at final binding site plan approval and prior to the issuance of any building permit. -6- 4. Each building shall connect to City STEP sewer service. The connection fee will be established at the time of building permit issuance. Provisions for grease interceptors shall be made between the STEP tank and the building for any building that may be occupied by a business which produces fats, oils, or greases. 5. The applicant shall pay a fire protection impact fee pursuant to Section 15.40.020(8)(6) YMC. The current impact fee is $0.32 per square foot of new development, is payable at building permit issuance, but is subject to change. 6. A final stormwater plan meeting either the 1992 DOE stormwater manual, or the 2005 stormwater Management Manual for Western Washington shall be submitted with civil engineering plans and shall include an operation and maintenance plan. The stormwater system shall be held in common by the property owners or condominium association and the articles of incorporation for this association include provisions for the assessment of fees for the maintenance and repair for the stormwater facilities. Best Management Practices are required during construction of the system. 7. The civil engineering plans shall include a fire hydrant plan consistent with the Yelm Development Guidelines 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 as part of development. The applicant shall coordinate with the Yelm Public Works Department to purchase required hydrant locks. 8. The civil plans shall include a final landscaping plan generally consistent with the preliminary plan that includes Type II landscaping around the perimeter of the site, and type IV landscaping in the parking lot. Irrigation for the site shall be in the form of a drip system, consistent with water conservation requirements listed in the landscape section above. 9. Corner enhancement is required at the corner of Yelm Avenue West and Tahoma Boulevard. A detailed plan shall be submitted and approved prior to building permit issuance for "Building B". 10. Refuse collection areas shall be designed to contain all refuse and recycles generated on the site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure, which shall be screened by a solid enclosure of a material and design compatible with the overall architectural theme of the associated structure, at least 2 feet taller than the refuse containers. The location and access to all refuse enclosures shall be approved, in writing, by LeMay, Inc. prior to civil plan approval. -7- 11. The civil plan submission shall show how the proposal will meet the minimum parking requirements, ADA compliant pedestrian pathways through the parking lot and from the public sidewalks to the site of a material significantly different than the parking lot paving in both texture and color, and a restricted ingress and egress located on the north property line, nearest the intersection and also the relocation of handicap stalls to adequately serve the site. 12. The applicant shall decommission all wells and septic systems currently on the site. DECISION: The request for binding site plan approval and site plan approval for Eagle Plaza and the Yelm Medical Office building facility located at the southwest corner of the intersection of SR-510 and Tahoma Boulevard SE is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 24t" day of November, 2008. STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 24t" day of November, 2008, to the following: APPLICANT: Ritter Holding Company 2840 Crites Street SW Tumwater, WA 98512 AGENT: Shea Carr & Jewell 2102 Carriage Drive SE Building H Olympia, WA 98502 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 -8- CASE NO.: BSP-08-0347-YL AND SPR-08-0346-YL EAGLE PLAZA NOTICE 1. RECONSIDERATION: Any interested party 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. Said request shall set forth specific errors relating to: A. Erroneous procedures; B. Errors of law objected to at the public hearing by the person requesting reconsideration; C. Incomplete record; D. An error in interpreting the comprehensive plan or other relevant material; or E. Newly discovered material evidence which was not available at the time of the hearing. The term "new evidence" shall mean only evidence discovered after the hearing held by the hearing examiner and shall not include evidence which was available orwhich could reasonably have been available and simply not presented at the hearing for whatever reason. The request must be filed no later than 4:30 p.m. on December 4, 2008 (10 days from mailing) with the Community Development Department 105 Yelm Avenue West, Yelm, WA 98597. This request shall set forth the bases for reconsideration as limited by the above. The hearing examiner shall review said request in light of the record and take such further action as he deems proper. The hearing examiner may request further information -9- which shall be provided within 10 days of the request. 2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner may be appealed to the city council, by any aggrieved person or agency of record, oral or written that disagrees with the decision of the hearing examiner, except threshold determinations (YMC 15.49.160) in accordance with Section 2.26.150 of the Yelm Municipal Code (YMC). NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration, please attach this page to the request for reconsideration. -10-