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20110166 HE Staff Report (2)  STAFF REPORT City of Yelm Community Development Department   Date: October 7, 2011 Case Number: 20110166, Yelm Day Care Applicant/Owner: Marijke Deutscher 1401 Marvin Rd. Suite 307 Lacey, WA 98516 Agent: Shea Carr Jewell 2102 Carriage Drive SE, Bldg H Olympia, WA 98502 Request: Binding Site Plan, and Site Plan Review for development of a 9,768 square foot daycare facility, and provisions for future building pads. Recommendation: Approval of the Binding Site Plan and Site Plan Review with conditions Exhibit I: Site plan dated July 2011, application materials on disk Exhibit II: Notice of Application & Comment letters and Amended Notice of Application Exhibit III: Public Hearing Notice Findings of Fact Proposal and Site Characteristics The proposal includes site plan review for the construction of a 9,768 square foot daycare facility, and provisions for future development on the site. Possible future development used for conceptual review was a 5,000 square foot medical clinic and a 5,000 square foot veterinary clinic on a 3.25 acre parcel of land located at the corner of Tahoma Boulevard and Berry Valley Road, Tax Parcel numbers 21724131001 and 21724131201. The applicant also desires to subdivide the property through a binding site plan, which would allow each building pad to be sold separately while maintaining common spaces such as parking, site access, utilities, and stormwater as common ownership and maintenance. The property is located at the northeast corner of Tahoma Boulevard and Berry Valley Road SW and is identified by Assessor's tax parcel number 21724131000. The original parcel was divided into two lots through the construction of Tahoma Boulevard. The surrounding properties to the north are zoned C-1 Commercial. Directly across Tahoma Boulevard is a new medical facility, and directly north is a Chinese food restaurant. The properties to the south, across Berry Valley Road are zoned R-14 High Density Residential and are currently in residential use. The property is identified by the Yelm Comprehensive Plan Map as Commercial (C-1). All commercial uses, including a child care center, are allowed subject to Site Plan Review approval. Setbacks from side property lines in the C-1 zoning district are 10 feet, front property lines 15 feet, and rear property lines 20 feet. The maximum building height is forty (40) feet. The City of Yelm will provide police protection, water service, and sewer service. Fire protection services are provided by the Yelm Fire District (SE Thurston Fire/EMS). Public Notices A Notice of Application was mailed to local and state agencies and surrounding property owners on April 7, 2011. After preliminary review of the site plan, the applicant decided to change the application to include a binding site plan. An amended notice of application was mailed on August 10, 2011. Department of Ecology submitted comments regarding safe practices for erosion control measures and the possible need for a National Pollution Discharge Elimination System (NPDES) permit. Notice of the date and time of the public hearing before the Hearing Examiner was posted on the project site and mailed to owners of property within 300 feet of the project site, on Friday October 7, 2011. Notice of the date and time of the public hearing was published in The Nisqually Valley News in the legal notice section on Friday, October 7, 2011. State Environmental Policy Act The City of Yelm SEPA Responsible Official issued a Determination of Non-significance based on WAC 197-11-340 (2) on October 7, 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 Determination of Non-significance included the following mitigating measures to address the impacts to the transportation system: The developer shall mitigate transportation impacts based on the new P.M. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on specific uses, and the time of tenant improvement. The developer shall contribute a total of $212,934 towards the installation of a traffic signal at Longmire Street and Yelm Avenue (SR 510). This contribution will be in the form of a mitigation fee of $137.20 per peak PM trip payable at the time of building permit issuance. This improvement must be in place prior to the issuance any building permit within the entire development which would generate the 330th peak PM trip. If the improvement has not been completed by the City of Yelm, the developer may construct the improvement and would be reimbursed mitigation fees already paid towards the project and would be eligible for Transportation Facilities Charge credit. The developer shall contribute a total of $500,807 to the realignment of 93rd Avenue/Burnett Road and Yelm Avenue (SR 510), improvement to full City standards including curb gutter, planter strips, and sidewalks, and the installation of a traffic signal at the realigned intersection. This contribution will be in the form of a mitigation fee of $322.68 per peak PM trip payable at the time of building permit issuance. This improvement must be in place prior to the issuance of any building permit within the entire development which would generate the 740th peak PM trip. If the improvement has not been completed by the City of Yelm at the time building permits are ready to be issued, the developer may construct the improvement and will be reimbursed any mitigation fees paid towards the project from previous phases of the development and would be eligible for Transportation Facilities Charge credit for the improvement. The developer shall contribute a total of $97,873 to the construction of the Coates Road extension from Cullens Road to Killion Road. This contribution will be in the form of a mitigation fee of $63.06 per peak PM trip payable at the time of building permit issuance. This improvement must be in place prior to the issuance of any building permit within the entire development which would generate the 1,190th peak PM trip. If the improvement has not been completed by the City of Yelm, the developer may construct the improvement and would be reimbursed mitigation fees already paid towards the project and would be eligible for Transportation Facilities Charge credit. Prior to the issuance of any building permit for ‘Viewmont Place’ that includes a road access on Mountain View Road, the developer shall reconstruct Mountain View Road from the northern property line of the ‘Viewmont Place’ development to the intersection of Mountain View Road and Yelm Avenue (SR 510). The improvement shall be to the Yelm commercial collector standard and shall include two travel lanes, two bike lanes, curb and gutter on both sides of the street, stormwater, and a planter strip and sidewalk on the east side of the roadway. Access to Tahoma Boulevard shall be limited to the following locations: Directly across from Berry Valley Road. The existing accesses located on the easement between the ‘Westmont Place’ and ‘Ritter Commercial’. The existing approach located between the ‘Golden Dragon’ property (tax parcel 21724130700) and tax parcel 21724130800. Stormwater treatment shall meet or exceed the 1992 DOE Stormwater Manual. Critical Areas All of Yelm is considered a critical aquifer recharge area. Existing development regulations require the treatment of stormwater prior to infiltration into the ground as well as the containment of hazardous materials on-site address the potential impacts to this critical area. The City Critical Area Maps indicate that the property is located outside of wetlands, flood zones, and high ground water buffer areas. Environmental Protection Standards The Zoning Code establishes environmental protection standards at Chapter 17.57 YMC which address: noise; emissions; aquifer, ground, and soil contamination; and storage. The maximum allowable noise levels as measured at the property line of noise-impacted uses or activities are those set forth in Chapter 173-60 WAC, titled “Maximum Environmental Noise Levels”. Air pollution must be controlled by the operator and/or the proprietor of any land use or activity. The ambient air quality standards specified by the Olympic Region Clean Air Agency (ORCAA) apply to all air contaminants. Aquifer contamination is addressed through the requirement for the treatment and infiltration of stormwater on the subject site. Demolition of existing buildings requires a permit from the Olympic Region Clean Air Authority. 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 proposed site is currently located in the City of Yelm’s sewer system service area but is not connected to the sewer system. A 12” sewer force main is installed along Tahoma Boulevard from Yelm Avenue West (SR 510) and will need to be extended onto the site as needed to serve the proposed project. This 12” sewer main has sewer stubs already installed to serve this property. There is currently a moratorium on open cuts in Tahoma Boulevard from five years from the date of completion of the new street. Improvements required to serve the project will be specifically identified during civil plan review. 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 property is within the water service area as identified in the Yelm Water System Plan. The water system infrastructure has sufficient capacity to provide potable water to the proposed use and the developer will be required to connect to the system. A 10” water main is located along Tahoma Boulevard from Yelm Avenue West (SR 510). The proposed buildings will connect to the existing water mains and extend the water system on the site as needed to support the intended uses and provide adequate fire hydrant coverage for the commercial complex. The 10” water main has water stubs already installed to serve this property. There is currently a moratorium on open cuts in Tahoma Boulevard from five years of the date of completion of the new street. The applicant will also be responsible for ensuring that the requirements of the adopted Fire Codes are met through the provision of adequate fire flow, or construction methods that reduce the required fire flow. 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. At the time of writing this recommendation, the City has several hundred connections available in the water system. The City expects to increase that number in the following year with an approved water rights transfer and new system facility inventory. The City has also received a draft approval of a new water right application which when final will award the City 942 acre feet of water, enough to serve twenty or more years of growth. 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; 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. Frontage improvements are required for all new development within the City. Frontage requirements include improvements to the roadway from the centerline of right-of-way back towards the property. The required frontage improvements along Tahoma Boulevard have been completed as part of the Yelm Avenue West Local Improvement District (LID). The applicant will be responsible for frontage improvements along Berry Valley Road SW. Berry Valley Road is classified as Commercial Collector and required improvements will include utility installation, asphalt widening, curb and gutter, landscape planter, street trees, sidewalk and lighting. The applicant submitted a Transportation Impact Analysis (TIA) dated June 2008. This parcel and project application is a portion of a larger commercial project. Because of the size, timing, and proximity of adjacent projects, the city requested a Transportation Impact Analysis for the full build out of the commercial development to determine impacts to the transportation system. The TIA showed that, with certain improvements, no concurrency intersection would operate at a level of service below the adopted concurrency standards and most of the delays created by the development would be either fully or partially mitigated. The environmental determination posed mitigating measures which fulfill the transportation concurrency requirements and will become a condition of this approval. 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 proposed development will have no impact on the School system as it will not increase the number of students within the school district. Concurrency with Fire Protection is achieved pursuant to Section 15.40.020 (6) YMC when the developer makes a contribution to the fire protection facilities as identified in the most current version of the capital facilities plan adopted by the Yelm Fire District (SE Thurston Fire/EMS) and endorsed by resolution of the Yelm City Council. A fire impact fee will be assessed at the time of building permit issuance, based on the square footage of the building. Design Review The property lies within a (C-1) Commercial zone and the Village Retail design guideline area. All development on the site is required to meet the City of Yelm’s design guidelines for the Village Retail district. The guidelines are intended to supplement the standards in the Zoning Code. Guidelines include provisions, requirements or considerations that are in addition to the Zoning Code standards. Street Fronts (Tahoma Boulevard, Berry Valley Road) The design guidelines require that development must define the street edge with building, landscaping, or other features, must provide direct access to the building from the frontage, and provide treatment to spatially define the street edge when parking is adjacent to street frontages. Future buildings are located in a manner that significantly screens the parking lot from Tahoma Boulevard with pedestrian oriented sidewalks along Tahoma Boulevard, with pedestrian access into the site, as well as between the buildings. Although not specified in the preliminary site plan, pedestrian paths should be of a different material than the parking lot and not rely solely on striping asphalt for distinguishing the paths. Pedestrian Circulation The following elements must be provided as part of the site plan for new developments: All pedestrian paths must comply with the ADA. Adequate lighting must be provided for pedestrian access. Walkways should be integrated with the required parking lot landscaping. Provide pathways through parking lots Integrate transit stops into the planning of site improvements Provide weather protection such as a canopy to create a covered pedestrian open space. Provide at least 200 square feet of landscaping at or near the entry. Provide pedestrian facilities such as benches, kiosks, or bicycle racks. Provide pedestrian scaled lighting. Provide adjacent window displays. Provide artwork or special pedestrian scaled signs. The applicant is providing pedestrian oriented facilities as part of the required corner enhancement. Pedestrian pathways have been proposed throughout the site providing safe onsite pedestrian circulation and connecting all businesses and entries of multiple buildings on the same development. Additionally, adequate lighting adjacent to the building entryways and within the parking lots has been proposed to promote safe pedestrian access. Although not specified in the preliminary site plan, pedestrian paths should be of a different material than the parking lot and not rely solely on striping asphalt for distinguishing the paths. Parking Lot Design Detail Standards All parking areas and driveways must be lighted to a level of at least .5 foot candle average as measured on the ground. Parking lot light fixtures shall be non-glare and mounted no more than 20 feet above the ground to minimize the impact onto adjacent properties. All parking areas shall be combined and provide for clear internal vehicular circulation patterns to serve all proposed businesses on site. Side and Rear Yards The design guidelines indicate that service areas and outdoor storage be located away from neighboring properties to reduce conflicts, and require screening of refuse containers. The refuse area must be large enough to accommodate a dumpster and recycle bin. Refuse areas are required to be accessible by LeMay, screened with a material and design compatible with the overall architectural theme of the associated structure, at least as high as the refuse container, and must be at least six-feet in height with a gate enclosure. The fence shall be a solid material such as wood or masonry. The following describes the intent in siting service areas based on the Design Guidelines: To “reduce the visibility of unsightly uses”. To minimize the visibility of “backs” of buildings where service areas are located. To “encourage more thoughtful siting of trash containers and siting areas by screening its negative aspects”. To reduce the noise impacts of service areas. The proposed location of the refuse containers is acceptable, provided that they are fully screened from adjacent public ways in a manner that is consistent with the design theme of the proposed development. Refuse collection areas must be designed to contain all refuse generated on site and deposited between collections. Recycle or refuse should not be visible from outside the refuse enclosure. Building Design and Details To encourage buildings that are comfortable at a human scale, at least three of the following features must be incorporated into the building design: Balconies in upper stories Bay windows Pedestrian oriented space Individual windows Gable or hipped roof Porch or covered entry Spatially defining building elements that define an occupied space Upper story setbacks Composing smaller building elements near the entry or pedestrian oriented street fronts To ensure new development is compatible with Yelm’s architectural size and character, at least two of the following features must be incorporated into the building design: Upper story setback Horizontal building modulation Modulated roof line Building articulation To encourage unique identifiable architectural features at intersections, at least one of the following features must be included on a façade facing a public street: Decorated roofline Decorative treatment of windows and doors Decorative railings, grill work, or landscape guards Landscape trellises Decorative light fixtures Decorative building materials (masonry, wood details or patterns) To incorporate human scale building elements, the applicant is proposing pedestrian oriented space at the building corners and covered entryways. To reduce the scale of the proposed building, the applicant has proposed a modulated roof line and horizontal modulation is achieved with the projection of the entry. The use of decorative building materials and decorative window treatment has also been incorporated to enhance the building facades. Metal roofing must be of high quality with a standing seam and cannot be brightly colored. Blank walls must be treated with trellis and plantings, landscaping beds or other methods. Materials and Color To encourage the use of high-quality compatible materials and create design unity by upgrading the visual qualities of new development. The preliminary site plan illustrates a fence in play area for the proposed Daycare facility. The type or style of this fence is not specified on the preliminary site plan, but chain link fencing is prohibited in prominent locations that are visible from frontage streets. Street Corners Developments on corner lots must enhance the property’s visual qualities by installing substantial landscaping, a decorative screen wall, providing pedestrian access, and architectural cover treatments. The preliminary landscape plan includes a landscaped pedestrian plaza area at the corner of Tahoma Boulevard and Berry Valley Road SW. The project also proposes to locate two buildings within 15 feet of the property line along the frontages of Tahoma Boulevard. The proposed landscaping for the corner enhancement must be substantial and be consistent with all uses on the site. Transportation Yelm is a small compact community most directly affected by two state highways, SR 510 and SR 507, which bisect the community. These state routes are used by local residents for transportation throughout the City, and for access to commercial and residential areas throughout the community as well as serving regional traffic. The updated Transportation element of the Yelm Comprehensive Plan identifies a number of improvements designed to avoid the need to significantly widen existing streets, and particularly Yelm Avenue. New development impacts the transportation system in Yelm and, unless the improvements identified in the transportation plan are constructed, the City would need to require developers to pay the cost of internal street widening. The City of Yelm has formed a Local Improvement District (LID) for the realignment of Killion Road, and installation of a traffic signal, as well as reconstruction of Yelm Avenue West (SR 510) from Cullens Road to 93rd Street. This site is part of the LID improvement area, and required frontage improvements on Tahoma Boulevard have been completed as part of the LID. While the TIA submitted for the proposed development includes a trip generate rate for daycare facilities based on the size of the facility and a certain pass-by rate, the applicant has chosen to submit an updated generation report that supports an alternate rate. The report is stamped by a licensed engineering with expertise in traffic generation and includes support for trip generation that differs from the TIA. The location of the proposed entrance from Tahoma Boulevard coincides with an existing access easement and is located directly across from an access to the medical center across Tahoma Boulevard. This meets City development guidelines. Berry Valley Road is identified as a commercial collector, but does not currently meet collector standards. Frontage requirements include improvements to the roadway from the centerline of right-of-way back towards the property. Frontage improvements will be required to include the reconstruction of Berry Valley Road from Tahoma Boulevard to the eastern property boundary including two travel lanes, curb and gutter, a planter strip, and a sidewalk and utility line installation. Municipal Utilities Located within a 40 foot easement along the northeastern property line is both a water and reclaimed water line. Easement provisions state that the owner shall not alter the installed utility lines, including covering or obstructing access without prior written approval of the City of Yelm. The City requires access to this area at all times to maintain and repair these lines. The applicant has proposed fencing a portion of this area as a play area for the daycare. This is acceptable to the city only if the applicant provides a minimum 15 foot wide gate opening on the northwest and southeast sides of the easement area to allow city vehicles or equipment access in case of an emergency or routine maintenance. Playground equipment or play structures should not be built over any utility line. The utility line depth within the utility easement shall be no more than 5 feet below surface. Civil plans shall address the utility line depth and slopes from Tahoma Boulevard, as well as slope to the adjoining property to the north. The furthest northwest end of the utility easement is the required access point into this development. The location of the easement on Berry Valley Road is not a safe access point for this development, and does not provide any benefit of shared access to adjoining properties to the north. A non-permanent barricade shall be installed at the Berry Valley entrance to the easement to prevent public access to the easement area. Water Supply The City’s Water Comprehensive Plan identifies the property as being within the water service area. The proposed site is not currently connected to the City’s water system. The project will be required to connect to the existing water main located in Tahoma Boulevard and extend the water system as needed to support the intended uses. To achieve fire flow requirements, a looped water system will be required. The State Building Code at Section 19.27.097 RCW requires evidence of water availability and the issuance of a building permit by the City of Yelm is the City’s commitment to serve a proposal with potable water. An engineers estimate for water usage will be required as part of the civil plan submission. Any wells located on the property must be decommissioned per Department of Ecology standards and water rights dedicated to the City. Section 246-290-490 WAC, requires that the City take measures to ensure that contamination does not occur as a result of cross connection. The applicant is required to install a Reduced Pressure Backflow Assembly device at every water meter. Water connections are based on a consumption rate of 875 cubic feet a month and are charged at a rate of $5,217.00 per connection (fee subject to change). The fees will be calculated utilizing the water consumption calculations provided by the civil engineer as part of the civil plan review process. These fees are payable at building permit issuance. If an irrigation meter is installed, a backflow prevention device is required for all irrigation connections between the irrigation system and the water meter. 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. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area and the site is not currently connected to the City’s STEP sewer system. The project will be required to connect to the existing sewer main located Tahoma Boulevard and extend the sewer system as needed to support the intended uses. Improvements required to serve the project will be specifically identified during civil plan review to determine tank size based on water consumption. A grease interceptor is required pursuant to Chapter 7 of the Development Guidelines when it is likely that grease can enter the City’s STEP sewer system. The current fee to connect to the City sewer system is $6,219.00 per Equivalent Residential Unit (each ERU equals 875 cubic feet of water consumption per month, fee subject to change). Stormwater 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 proposed stormwater treatment system utilizes an Aqua-Swirl Concentrator from AquaShield, Inc. These treatment devices have been issued a General Use Level Designation from the Washington Department of Ecology for the pretreatment of stormwater, which is the appropriate level of treatment for impervious surfaces when the stormwater is being infiltrated back into the groundwater. These devices have also been approved for use in Yelm by the Yelm Community Development Department Development. The use of this technology requires that the system be designed entirely to the 2005 Stormwater Management Manual for Western Washington. A final stormwater plan is required as part of civil plan application submission. Stormwater facilities require continued maintenance to ensure they remain in proper working condition. Parking The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code address parking regulations from many aspects, including, but not limited to the design of lots, the number of stalls required, pedestrian pathways within lots, and safety. The requirements of off-street parking and loading facilities and their design shall be regarded as the minimum; however, the owner, developer or operator of the premises for which the parking facilities are intended shall be responsible for providing adequate amounts and arrangement of space for the particular premises even though such space or its arrangement is in excess of the minimum set forth. Chapter 17.72 YMC requires daycare facilities to provide one (1) parking stall per employee based on the greatest number of employees on a single shift, plus a loading and unloading area with storage for 3 cars. Medical clinics are required to provide one and one-half parking stall per patient treatment room/area, plus one space per employee based on the greatest number of employees on a single shift. A standard stall is 9 feet by 20 feet while a compact stall is 8 by 16. The applicant has stated that there could be up to fifteen employees for the daycare. That would require 15 stall, plus storage for 3 cars, for a total minimum of 18 stalls. The site plan shows more than the minimum required. The site plan shows parking for the future medical office buildings. Minimum requirements for parking will be reviewed during the site plan review process for these buildings. The Washington State Amendments to the Building Codes requires handicap accessible stalls. At least one (1) handicap stall is required for every 25 stalls. Fire Fire protection to the buildings must be provided per the International Fire Code. The specific requirements for installation of additional fire hydrants and fire lanes will be determined during civil plan review. The International Building Code (IBC) provides occupancy ratings for different types of uses. The fire coverage and sprinkler system for the proposed use must meet IBC requirements. A Fire Impact Fee pursuant to Section 15.40.020 (B)(6) YMC is established at a rate of $0.32 per square foot of development for all new development in the City of Yelm. 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 used around the perimeter of a site with a minimum planting area of eight-feet in width. Type II landscaping is characterized by an 8 foot landscape strip between uses and a 5 foot strip around buildings of any combination of evergreen and deciduous trees (with no more than 50 percent being deciduous), shrubs, earthen berms and related plant materials or design features may be selected; provided, that the resultant effect is to provide partial screening and buffering between uses and of softening the appearance of streets, parking and structures. Type II landscaping will be required around the perimeter of the site. The preliminary landscape plan does not adequately illustrate the Type II landscaping required, specifically the perimeter landscaping adjacent to Tahoma Blvd and Berry Valley Road. The plan shows a 6 foot strip, where 8 feet is required. 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. The minimum width for Type III landscaping shall be six feet. Type III landscaping is required as a part of street frontage improvements and is not illustrated correctly on the preliminary landscape plan. The area is shown at 5 feet, and does not show any Type III landscaping. Type IV landscaping is intended to provide visual relief and shade in parking areas. Parking shall have at least 24 square feet of landscape development for each parking stall proposed. Each area of landscaping must contain at least 100 square feet of area and must be at least six feet in any direction and contain live groundcover with any combination of grass, shrubs and trees. No parking stall shall be located more than 50 feet from a tree The preliminary landscape plan meets the intent of the Type IV landscaping requirement; however it does not show the amount of trees and vegetation. Type V landscaping is to provide visual relief in storm water retention/detention areas. The floor and slopes of any stormwater retention/detention area shall be planted with vegetation that is suitable and will thrive in hydric soils. The landscaping of the stormwater facility shall incorporated with all on-site landscaping. The City of Yelm also promotes water conservation and will require the final landscaping plan to address the following requirements: Specify Water efficient plant species for the Pacific Northwest. Choose irrigation devices and design the irrigation system to positively prevent runoff or overspray onto impermeable hardscape under all conditions regardless of wind or possible equipment misalignment. Assign separate station/zones (hydrozones) to areas with dissimilar water or scheduling requirements. For example; separate zones should be designed for trees, shrubs, flowers, shady areas, sunny areas, drip irrigation and sprinklers. Locate sprinkler heads based on a thorough evaluation of physical, environmental, and hydraulic site conditions, including wind. The design must not permit sprinklers to overspray onto impermeable hardscape under any condition. Specify drip irrigation for all zones planted in one-gallon or larger size. Specify weather-based irrigation controllers (WBIC). Specify check valves wherever necessary to prevent low-head drainage. The final landscaping plan shall provide complete detail of the landscape plants, features and irrigation requirements. Conclusions of Law The applicant has established that the request for site plan review and binding site plan approval satisfies all criteria set forth in Section 17.84.020 (C) and 16.32 YMC. Section 16.32.065 YMC requires written findings prior to a decision on a Binding Site Plan. The applicant has established that the proposed Binding Site Plan, 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 platting of the Binding Site Plan if conditioned as recommended in this report. The Binding Site Plan, 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, and the City of Yelm Development Guidelines. The Hearing Examiner should approve the preliminary Binding Site Plan with the following conditions: 1. The conditions of the Mitigated Determination of Non-significance are hereby referenced and considered conditions of this approval. 2. A determination that a potable water supply adequate to serve the development shall be made at final plat and/or prior to the issuance of any building permit. 3. Frontage improvements will be required along Berry Valley Road SW and shall be consistent with the City of Yelm’s Development Guidelines. 4. Buildings shall connect to the City’s water system. 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. An engineers estimate for water usage will be required as part of the civil plan submission. The applicant is required to install a Reduced Pressure Backflow Assembly device at every water meter 5. All buildings shall connect to the City’s STEP sewer service. The connection fee will be based on water usage calculations and established at the time of building permit issuance. Provisions for grease interceptors shall be made. 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. A minimum 15 foot wide access gate shall be installed on both the northwest and southeast side of the play area fence within the utility easement to allow access to utility lines. 8. A non-permanent barricade meeting the requirements of the Manual of Uniform Traffic Control Device shall be placed at the southeast end of the utility easement at Berry Valley Road to prevent public access. 9. The Daycare facility shall provide one (1) parking stall per employee based on the greatest number of employees on a single shift, plus a loading and unloading area with storage for 3 cars. The medical clinic and veterinary clinic shall provide one and one-half parking stall per patient treatment room/area, plus one space per employee based on the greatest number of employees on a single shift. At least one (1) handicap stall is required for every 25 stalls. A minimum of 3 parking spaces shall be labeled as short term parking for unloading and loading purposes. The civil plans shall include a parking plan that specifies the number of employees and treatment rooms for the proposed businesses. 10. Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. When service areas are visible from the sidewalk or adjacent properties, the elements must be screened with a screening wall and landscaping. Deposited refuse shall not be visible from outside the refuse enclosure. Screening shall be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and must be at least six-feet in height. The location and access to all refuse enclosures shall be approved, in writing, by LeMay, Inc. prior to civil plan approval. 11. Fire protection shall be provided in accordance with the International Fire Code, as adopted by the City of Yelm. A fire impact fee pursuant to Section 15.40.020 (B)(6) YMC is established at a rate of $0.32 per square foot of development for all new development in the City of Yelm (fee subject to change) 12. The civil plans shall include a final landscaping plan generally consistent with the preliminary plan with the changes noted in the landscaping section of this approval. Irrigation for the site shall be consistent with water conservation requirements listed in the landscape section of this approval. 13. The civil plan submission shall include sufficient detail to identify how the following elements of the Yelm Design Guidelines will be met: a. Pedestrian pathways through the parking lot and from the public sidewalks to the site shall be provided, and be of a material significantly different than the parking lot paving in both texture and color. b. Adequate lighting shall be provided for safe pedestrian circulation for all walkways and paths through parking lots. c. Chain link fencing is prohibited where visible from Tahoma Boulevard and Berry Valley Road SW. 14. Building plans shall be consistent with the preliminary elevations to meet the intent of the Design Guidelines for building appearance. The corner enhancement at Tahoma Boulevard and Berry Valley Road shall be shown as part of the building plan submission package for the first of proposed future buildings. 15. Street lighting is required on Berry Valley Road and shall be submitted as part of the civil plans and once approved, the applicant shall coordinate the installation with IntoLight.