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HE Decision- October 27, 2011 Marijke Deutscher 1401 Marvin Road, Suite 307 Lacey, WA 98516 RE: 20110166, Yelm Day Care 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 SKC/jjp cc: Parties of Record CITY OF YELM OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: 20110166, Yelm Day Care APPLICANT/ Marijke Deutscher OWNER: 1401 Marvin Road, Suite 307 Lacey, WA 98516 AGENT: Shea Carr Jewell 2102 Carriage Drive S.E., Building H Olympia, WA 98502 SUMMARY OF REQUEST: The applicant requests site plan review to allow construction of a 9,768 square foot day care facility, and to provide for future development of the site. Possible future development used for conceptual review is a 5,000 square foot medical clinic and a 5,000 square foot veterinary clinic. The site consists of a 3.25 acre parcel of land located at the northeast corner of the intersection of Tahoma Boulevard and Berry Valley Road. 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 under common ownership and maintenance. SUMMARY OF DECISION: Request granted, subject to conditions. PUBLIC HEARING: After reviewing Community Development Department 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 October 17, 2011, at 9:30 a.m. 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" - Community Development Department Staff Report and Attachments TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the City had reviewed the project for a day care and two other uses. The parcel has no address at present. The binding site plan approval will allow full development of the site to happen. The applicant will sell the building pads separate, and everything else on the site will be under common ownership. The site now contains two parcels. The applicant submitted a completed application for site plan review on April 11th and then reapplied for the binding site plan and site plan review. The City provided an initial notice in April and a subsequent notice in August. The City received a comment from DOE in April but no comment in August so she assumes DOE is satisfied. The site was included in 2008 in the environmental process for a larger development to the north and west. The City reviewed the traffic impacts for the entire larger development to include the present parcel. The applicant will pay its share of the original MDNS traffic mitigation when the traffic impacts occur. The project will not trigger the 330th trip that would require a stop light, but such construction will occur in the future. The driveway will match the driveway from the medical facility to the northeast. No critical areas or flood zones are present on the site. The frontage improvements on Tahoma Boulevard are complete. Concerning the phasing plan, the applicant is presently moving forward with Phase 1 by developing the day care center. They need to show compliance with the design guidelines to include fence material, etc. They will construct the on-site amenities during future phases. They will obtain a credit on the required Traffic Impact Fee due to the completion of Tahoma Boulevard. The applicant felt that the day care facility would generate less traffic than shown in the ITE Manual, so it provided a vehicle trip generation study by Perry Shea, and the City agrees with its contents. A 40 foot wide easement abuts the northeast property line and a City waterline is located therein. The City needs access to service the waterline, but the applicant desires to fence part of it for a play area. The City needs a 15 foot wide gate to allow access to the waterline and also needs to prohibit any play structures on top of the easement. The City also desires a removable barrier at the east end of the easement to prevent public access. Staff recommends approval of the binding site plan for Yelm Day care. She then reviewed conditions of approval. JEAN CARR, professional engineer, appeared on behalf of the request and testified that she had reviewed the Staff Report and concurs with all conditions of approval. They will use a solid board fence for screening and will install the 15 foot wide gates. They will construct the storm drainage system to meet the requirements of the 2005 DOE manual. The day care will accommodate approximately 100 children that will split between full and part time. They will also provide private school services. The hours of operation will extend from 6:30 a.m. to 6:00 p.m. Monday through Friday. They will install a small children’s play structure as well as a larger one for older children. They will also have a paved pathway for riding and pushing toys. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:50 a.m. 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, heard testimony, and taken this matter under advisement. 2. The City of Yelm Responsible Official reviewed this application pursuant to the State Environmental Policy Act (SEPA) and issued a Determination of Non-significance (DNS) based on WAC 197-11-340 (2) on October 7, 2008. No appeals were filed. 3. 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. The 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. The applicant has a possessory ownership interest in a triangular, 3.25 acre parcel of unimproved property located at the northeast corner of the intersection of Tahoma Boulevard and Berry Valley Road within the City of Yelm. The parcel abuts Berry Valley Road for approximately 1,500 linear feet and Tahoma Boulevard for approximately 800 linear feet. The northeast property line extends between Tahoma Boulevard and Berry Valley Road and measures approximately 1,230 linear feet. The applicant requests approval of a binding site plan to allow division of the parcel into three lots that would provide building pads for three commercial uses. The applicant also requests site plan review to allow approval of a 9,768 square foot day care facility located in the eastern portion of the parcel. Future phases are anticipated to include a 5,000 square foot veterinary clinic building and a 5,000 square foot medical clinic building, both located adjacent to Tahoma Boulevard in the western portion of the site. The three lot (building) owners will maintain common ownership of the balance of the site that includes parking spaces, a stormwater drainage facility, and a landscape pedestrian plaza area at the Tahoma Boulevard/Berry Valley Road intersection. The site plan shows one access provided directly from Berry Valley Road and a second access from Tahoma Boulevard along an existing easement that abuts the northeast property line. Said access will align with the access to a new, large, medical center on the opposite side of Tahoma Boulevard from the site. The site plan shows that the play area for the day care facility will include a portion of said easement. The stormwater facility is shown in the eastern corner of the site. The site plan shows eight foot wide, Type II landscaping areas along the entire length of the northeast property line to include both sides of the access drive and the play area for the day care facility. The site plan also shows six foot wide, Type III landscaping along the border with Tahoma Boulevard and Berry Valley Road. Type IV landscaping is shown throughout the parking lot, and Type V landscaping extends around the perimeter of the infiltration pond. The total building coverage will equal 19,768 square feet. The site plan shows 31 parking spaces provided for the day care, 62 for the medical facility, and 55 for the veterinary clinic for a total of 148. The site is located within the Commercial (C-1) designation of the Yelm Comprehensive Plan and the C-1 zone classification of the Yelm Municipal Code (YMC). According to YMC 17.26.010 the C-1 classification provides locations for business centers that serve the needs of the community for convenience, goods, and services. Section 17.26.030 YMC sets forth permitted outright uses in the C-1 classification and includes hospitals, personal services, pet shops and hospitals, and veterinary clinics and hospitals. Furthermore, YMC 17.26.030(B) authorizes similar or related uses not specifically listed subject to compliance with the criteria set forth therein. The proposed uses for future phases are clearly permitted outright in the C-1 classification. A veterinary clinic is a specific listed use and a medical clinic is similar or related to a hospital. While the applicant’s specific proposal for a day care facility could meet the criteria set forth in YMC 17.26.030(B), for similar or related uses in the C-1 zone, YMC 17.65.030 specifically addresses “child day-care centers”. Section 17.65.010 YMC defines such facilities as follows: “Child day-care center” means a facility providing regularly scheduled care for a group of 13 or more children within an age range of one month through12 years, for periods of less than 24 hours. Said section also defines “child care facility” as follows: “Child care facility” means a building or structure in which an agency, person or persons regularly provide care for a group of children for periods of less than 24 hours a day. Child day-care facilities include…child day-care centers regulated by the Washington State Department of Social and Health Services…. Section 17.65.030 YMC entitled “Child day-care centers” provides in part: A child day-care center, licensed by the state of Washington as provided for herein, shall be permitted under the conditions set forth in this section…. Subsection A requires a special use permit for child day-care centers located within residential, neighborhood commercial, mixed use, or central business district zone classifications. Said section allows child day-care centers in all other zones subject to meeting the criteria set forth therein: …A child day-care center proposed for any other district of the city shall be allowed in the manner specified for such district and subject to the terms of this section. Thus, according to both YMC 17.26.030(B) and 17.65.030, the applicant’s proposed day care facility is an allowed use within the C-1 classification. However, such facility must meet the criteria set forth in both YMC Chapter 17.26 and YMC 17.65.030(B). Section 17.26.050 YMC requires the applicant to demonstrate that the proposed use is in compliance with the environmental performance standards of Chapter 17.57 YMC. The City of Yelm responsible official issued a DNS following review pursuant to SEPA and determined that the day care facility will create no probable significant adverse environmental impacts. Furthermore, the YMC sets forth environmental protection standards for noise; emissions; aquifer, ground, and soil contamination; and storage. The maximum noise level is governed by Chapter 173-60 of the Washington Administrative Code (WAC); air pollution is controlled by compliance with Olympic Region Clean Air Agency (ORCAA) standards; and aquifer contamination is addressed by compliance with City storm drainage standards. Section 17.26.060(A) YMC limits the minimum size of a parcel within the C-1 district to 5,000 square feet. All buildings (lots) will measure 5,000 square feet or more. Section 17.26.070 YMC requires setbacks of ten feet from side property lines, 20 feet from the rear property line, and 15 feet from the front property line. The site plan shows that all proposed structures satisfy setback requirements. The building permit process will ensure that the maximum height of buildings does not exceed 40 feet as limited by YMC 17.26.090. The ingress and egress for the site satisfy Yelm development guidelines, and the proposed parking satisfies the provisions of Chapter 17.72 YMC. The applicant anticipates a maximum of 15 employees during a single shift, and the code requires one parking stall per employee plus three additional stalls for a minimum of 18. The applicant proposes 31 stalls, a more than adequate number to support the use. The City will review parking requirements for future uses during site plan review. The City Public Works Department has determined the appropriate location, width, and manner of approach of the vehicular ingress and egress from the parking lot in accordance with YMC 17.26.115. The landscaping previously described will meet the requirements of YMC Chapter 17.80, and each facility will provide a refuse container with appropriate screening in accordance with YMC 17.26.130 (C). The stormwater retention system will meet the requirements of the YMC and the 1992 DOE stormwater management manual in accordance with conditions of approval. Section 17.65.030(B) YMC requires child care facilities to comply with all City traffic requirements. In the present case other developers have completed frontage improvements along Tahoma Boulevard as part of the Yelm Avenue West Local Improvement District. The applicant must construct frontage improvements along Berry Valley Road across the parcel frontage to commercial collector standards. Such improvements will include utility installation, pavement widening, curb and gutter, landscape planter, street trees, sidewalk, and street lighting. The applicant will also satisfy all mitigation requirements determined by the Traffic Impact Analysis (TIA) performed in June, 2008, for a larger commercial project as set forth in conditions of approval. The project will have no impact on the Yelm Community Schools as it includes no residential dwellings. However, the applicant, will pursuant to YMC 15.40.020(6), make a payment for fire protection facilities to the Yelm Fire District. For the reasons set forth on Pages 7-10 YMC the project satisfies all design review criteria for the C-1 zone classification. The Yelm City Council has adopted a Traffic Facility Charge Program that addresses system-wide transportation improvements based upon P.M. peak period generated trips. The City estimates such peak period trips by utilizing the Institute of Transportation Engineers (ITE) Manual. However, the City allows an independent fee calculation consistent with ITE methodology to show a more accurate, projected, trip generation. In the present case, the applicant engaged Shea-Carr-Jewell, a qualified traffic engineering firm, to calculate an appropriate trip generation rate for the proposed day care facility taking into consideration the program schedules and number of participants. The engineer collected actual traffic counts from three separate day care centers in Lacey and Olympia. Each shows fewer trips generated than anticipated by the ITE manual. The City has agreed with the Shea memorandum and will impose the TFC accordingly. The 40 foot wide easement abutting the northeast property line supports both a potable water line and a reclaimed water line. The City has agreed that the applicant may fence a portion of the easement for a play area but must also provide minimum 15 foot wide, gate openings on both sides of said play area to allow access for City maintenance vehicles and equipment. The applicant has also agreed that it will not install playground equipment or play structures within the easement. The applicant will also install a nonpermanent barricade at the intersection of the easement and Berry Valley Road to provide public access. The City will provide potable water, fire flow, and sanitary sewer service to the site subject to the applicant connecting thereto. The building permit process will assure compliance with the International Fire Code and International Building Code. Said codes will address additional fire hydrants, fire lanes, and the sprinkler system. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The applicant has shown that the request for site plan review satisfies all criteria set forth in Chapter 17.26 YMC for the C-1 zone classification and all criteria set forth in YMC 17.65.030(B) for child day care centers. Therefore, site plan review for the proposed day care facility should be approved subject to the conditions set forth hereinafter. Pursuant to YMC 16.12.170 the applicant has shown that the request for binding site plan approval makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. The proposed binding site plan conforms with the C-1 zone classification and all applicable development regulations. All public facilities and services impacted by the binding site plan are adequate and have the capacity to serve the project concurrently. The project is within an approved sewer service area that has the capacity to serve all three lots. The proposed binding site plan will serve the public use and interest by providing a convenient location for a childcare facility, medical clinic, and veterinary clinic and therefore should be approved subject to 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 Day care 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. DECISION: The request for site plan review approval for a child day care facility and binding site plan approval for the day care facility and future contemplated uses of a medical clinic and veterinary clinic for a site located at the northeast corner of the intersection of Tahoma Boulevard and Berry Valley Road within the City of Yelm is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 27th day of October, 2011. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 27th day of October, 2011, to the following: APPLICANT/ Marijke Deutscher OWNER: 1401 Marvin Road, Suite 307 Lacey, WA 98516 AGENT: Shea Carr Jewell 2102 Carriage Drive S.E., Building H Olympia, WA 98502 OTHERS: Jim Gibson and Jean Carr 2102 Carriage Drive S.W. Olympia, WA 98502 Megan Hansen P.O. Box 597 Yelm, WA 98502   Jim Gibson and Jean Carr 2102 Carriage Drive S.W. Olympia, WA 98502 Megan Hansen P.O. Box 597 Yelm, WA 98502   City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO.: 20110166, Yelm Day Care 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: Erroneous procedures; Errors of law objected to at the public hearing by the person requesting reconsideration; Incomplete record; An error in interpreting the comprehensive plan or other relevant material; or 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 or which 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 November 7, 2011 (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 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.