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20120237 Approval 11092012 1 STAFF REPORT City of Yelm Community Development Department Case Number:20120237 Gordon’s Garden Center/Yelm Food Co-op Applicant/Owner:Gordon’s Garden Center P.O. Box 447 Yelm, WA 98597 Request:The addition of Gordon’s Garden Center as an additional tenant in the existing Yelm Food Co-op Building. Action:Approval of the Site Plan Review Findings of Fact Property Characteristics Historically, Gordon’s Market/Gordon’s Garden Center has occupied as many as seven separate parcels of property in Yelm’s Central Business District, as follows: 308 Yelm Avenue (Assessor’s Parcel Number 64420901300) This property contains the commercial building now occupied by the Yelm Food Co-op and a parking lot. The property has been owned by the Stroupe Family Limited Partnership since 1998 when it was sold to the Partnership by Howard Stroupe. According to County Assessor records, the property contains a 4,900 square foot market building constructed 1946. No building permits for this structure were found in City records, although they would not have been required at the time of construction. The building, known as the “Patio Center”, is located on the property line between this property and the property to the east (310 Yelm Avenue East). 310 Yelm Avenue East (APN 64420901100) This property includes a retail shop constructed in 2000 along with several covered areas and nursery stock. The property has been owned by K Petersen Properties LLC since 2005, when it was purchased from the Gordon Kampfer Trust. According to Assessor records, this property contains a 384 square foot shop constructed 2000, although no building permits were found in City records. 312 Yelm Avenue East (APN 64420900900) This property is occupied by a greenhouse building constructed in 1994 and nursery stock. The property has been owned by K Petersen Properties LLC since 2005, when it was purchased from the Gordon Kampfer Trust. While Assessor’s records show there are no buildings on this property, Yelm issued a building permit for the greenhouse in 1994. 313 Jefferson Avenue NE (APN 64420900800) This lot is occupied by a greenhouse constructed in 1998 and nursery stock. The property has been owned by K Petersen Properties LLC since 2005, when it was purchased from the Gordon Kampfer Trust. While Assessor’s records show that there are no buildings on this property, but Yelm issued a building permit for the greenhouse in 1998. 313 Jefferson Avenue NE (APN 64420900700) This property includes a shop constructed in 1930 and nursery stock. The property currently owned by K Petersen Properties LLC, which purchased it from the Gordon Kampfer Trust in 2005. Assessor records show a 468 square foot shop building on the property builtin 1930, but no building permit was found as they were not required at that time. 309 Jefferson Avenue NE (APN 64420900500) This lot includes a house constructed in 1934, gazebo, and nursery stock. The property has been owned by Le Vince Group LLC since 2005 when it was purchased from K Peterson Properties, LLC. Assessor records show a 2,044 square foot house, attached garage, and a 504 square foot gazebo on the property, no building permits were found in City records. Page 2of 11 402 Yelm Avenue East (APN 22719340300) This property was previously used as part of the original nursery, and included non-conforming parking and nursery stock. The property is currently owned by Sunrise 402, LLC when it was sold to them by Richard Lauritzen in 2007. The nursery stock and parking has been removed. History The existing commercial building located at 308 Yelm Avenue East (APN 64420901300) was constructed in 1946and was operated as a grocery store beginning in the 1960’s by Gordon Kampfer. According to Yelm City Council minutes, Kampfer expanded his grocery business to include nursery and garden plant sales in the late 1960’s, creating the garden center. Council minutes also show that, in November of 1979, Kampfer was granted a variance by the Yelm City Council to construct a marquee over the sidewalk on Yelm Avenue. In December 1979, the owner was granted an additional variance to construct support posts for the marquee. In April 1980, the owner was called before City Council to remove an enclosure of the marquee, which was constructed without approval and in violation of City code. Minutes show that in the early 1980’s Kampfer contacted the City Council regarding the th construction of a new store building to be located at the corner of 4Street NE and Yelm Avenue East. This store was never constructed. According to Council minutes, Kampfer requested the vacation of a portion of the Yelm Avenue/Jefferson Street alley in 1992. The City Council chose not to vacate the alley, but did approve a revocable license for Kampfer to use the portion of the alley located th between 308 Yelm Avenue East and 4Street. Also according to minutes, the City Council in 1993, after holding a public hearing, determined that outside storage and sale of landscape materials as an accessory use to a nursery or garden center was similar to other uses in the same zoning district as was allowed subject to a site plan review approval. According to permit records, Kampfer applied for site plan review approval and submitted a State Environmental Policy Act checklist in 1994 in order to grade the th property located at the corner of Yelm Avenue East and 4Street NE for the construction of a concrete pad for storage of his landscape supplies. Also according to permit records, the City issued a building permit in November of 1994 to construct a greenhouse structure at 312 Yelm Avenue East (APN 64420900900), at Page 3of 11 th the corner of Yelm Avenue East and 4Street NE. The approved site plan clearly shows that the structure included indoor retail sales. Permit records show that in November of 1998 a building permit was issued to construct a 30’ x 96’ greenhouse at 313 Jefferson Avenue NE (APN 64420900800). According to a letter from Kellie Petersen dated July 31, 2012, the Market Building was remodeled and upgrades to the restroom facilities were completed shortly after she purchased the business in 2000. The City has no record of any building or plumbing permits being issued for this work. In March of 2012, the Yelm Food Co-operative submitted a pre-application request to the Community Development Department in order to “assume full possession of the old Gordon’s Grocery Store building April 1, 2012”. Building permits were ultimately issued for this conversion based on occupancy by the Yelm Co-op of the entire Patio Center building only. In April of 2012 the City conducted a final inspection of the Yelm Co-op space and it was noted that Gordon’s Garden Center was occupying a portion of the Patio Center building. A temporary Certificate of Occupancy was not issued for the Co-op until the unauthorized use of the building was removed. In May of 2012, Gordon’s was again occupying Co-op space, resulting in an enforcement letter being issued by the City. In August of 2012, a site plan review application was made to the City to authorize a portion of the Patio Center building being used for retail display of merchandise by the adjoining business, Gordon’s Garden Center. The space within the Patio Center has been used for display by Gordon’s Garden Center in violation of the Zoning Code during this time period. Throughout the life of various businesses located on the subject properties, until the Yelm Food Cooperative took over the Patio Center building, the businesses have been operated as a single unit under the control of a single entity. Gordon Kampfer or his family operated the businesses until 2000 and then Kellie Peterson between 2000 and 2012. Site Plan Review The property is identified by the Yelm Comprehensive Plan Map as (CBD) Central Business District. All commercial uses, including retail sales usesare allowed,subject to site plan review approval, except under certain circumstances, which includes when there is no additional tenant. Page 4of 11 The proposal would allow the display and sales of goods from Gordon’s Garden Center in a portion of the retail space now occupied by the Yelm Food Cooperative. The Yelm Co-op operates a business located in a building situated on a property line shared with Gordon’s Garden Center, but on a separate parcel of land under different ownership than the property occupied by the Garden Center. A Notice of Application was mailed to local and state agencies and surrounding property owners on August 16, 2012. Section 17.84.020 (C) Yelm Municipal Code allows the Site Plan Review Committee to approve a proposal when the site plan conforms to the standards, provisions and policies of the City as expressed in its various adopted plans and ordinances. 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 located in theCity’s sewer system service area and is currently connected to the sewer system. 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 system plan for the City and improvements necessary to provide City standard facilities and services are present. The property is within the water service areaas identified in the Yelm Water System Plan and is currently connected to the City’s water system. The applicant isresponsible 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. This satisfies the requirement for concurrency with water infrastructure. Page 5of 11 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 Citystandards 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 Citystandards 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 for Yelm Avenue East (SR 507), and FourthStreet are currently incomplete.These improvements were deferred as allowed by Section 4B.080 (C) of the Development Guidelines through the 1994 site plan review approval. The gross floor area of retail space has not been increased, so there are no additional traffic impacts. 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 SE Thurston Regional Fire Authority and endorsed by resolution of the Yelm City Council. The City Council has waived the fire impact fee by Resolution 533 until the SE Thurston Regional Fire Authority establishes a region wide impact fee. This fee is subject to change by City Council resolution and is collected at the time of building permit issuance. The Citywill provide police protection, water service, and sewer service. Fire protection services are provided bySE Thurston Regional Fire Authority. State Environmental Policy Act Based on WAC 197-11-800, a Threshold Determination is only required when the proposal creates 4,000 square feet or 20 or more parking stalls. The proposal will not require an environmental checklist due to its size and parking requirements. Page 6of 11 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. The proposal creates no new impervious surface and will not require any upgrades to the existing stormwater collection, treatment, and disposal system on the site. The City Critical Area Maps indicate that the property is located outside of wetlands, flood zones, and high ground water buffer areas. Design Review The property lies within the (CBD) Central Business Districtzone and the Old Town design guideline area. All development on the site is required to meet the City’s design guidelines for the Old Towndistrict. 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.Existing buildings are exempt from new development design standards. The site is reviewed to assure existing facilities meet the intent of the design standards. Street Fronts All development for properties not on pedestrian oriented streets shall include site planning measures to create an attractive street edge, accommodate pedestrian access, and support downtown design objectives. Examples of requirements based on Downtown Goals and Policies are stated in the following: Define street edge with building landscaping or other features. Provide direct access to building fronts from the sidewalk. If parking is adjacent to street frontage, provide substantial landscaping to spatially define the street edge and create a distinctive perimeter along the street front. The building is pre-existing and was constructed prior to the establishment of current development regulations. The building is located adjacent to the street with a public sidewalk along the entire frontage, and access to both buildings from the sidewalk. There is decorative fencing and landscape, and parking located to the side of the building. 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 located behind the building. Page 7of 11 The refuse area must be large enough to accommodate a dumpster and recycle bin. Refuse areas must be screened with an enclosure of a material and design compatible with the overall architectural theme. A six foot wall or fenceshall enclose any outdoor refuse collection point. 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”. Tominimize 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 Yelm Food Cooperative has constructed a new refuse container adjacent to the building meeting the minimum requirements. 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 has adopted a Transportation Facility Charge (TFC) of $1,321.00per PMpeak trip. The concurrency chapter of the Municipal Code provides a default table that is used to determine new peak PM trips generated by a proposed use. The applicant is not proposing any additional square feet of retail space. The original Gordon’s retail square footage is reduced by the amount that the Co-op is utilizing, therefore not creating additional trips. Water Supply The City’s Water Comprehensive Plan identifies the property as being within the water service area. The proposed site is currently connected to the City’s water system. Page 8of 11 The State Building Code at Section 19.27.097 RCW requires evidence of water availability and the issuance of a building permit by the Cityis the City’s commitment to serve a proposal with potable water. An estimate for additional water usage was submitted as part of the tenant improvement permit by the Co-op. Additional water connections were not required. The Cityis dedicated to providing the best quality water possible to its consumers. Section 246-290-490 WAC, requires that the City take measures to ensure that contamination does not occur as a result of cross contamination.There is an existing Reduced Pressure Backflow Assembly located at the Co-op location. The Citypromotes water conservation and provides additional elements for conservation in the landscaping requirements. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area and the site is currently connected to the City’s STEP sewer system. Water usage estimates weresubmitted with the tenant improvement permit for the Yelm Food Cooperative. Additional water connections were not required, and the size of the existing STEP is adequate. The Cooperative has installed a grease interceptor to protect the STEP system fromgrease laden food and sediments. Stormwater Impervious surfaces create stormwater runoff which, when uncontrolled and untreated can create health, safety, and environmental hazards. The Cityhas adopted the 1992 Department of Ecology Stormwater Manual,which requires all development to treat and control stormwater. The parking lot is pre-existing and is not proposed to be expanded. There are no additional impervious surfaces that require storm water treatment. Parking The CityDevelopment 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, site illuminationand 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 Page 9of 11 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 retail establishments to provide (1) one parking space for every 250 square feet of gross floor area. The proposal does not create an additional retail square footage, the existing parking meets the minimum requirements for the site. The Washington State Amendments to the Building Codes requires handicap accessible stalls. At least one (1) handicap stallis required for every 25 stalls. The Yelm Food Cooperative upgraded the parking lot to provide additional ADA compliant stalls to meet the requirements of ADA. The addition of Gordon’s retail display is for display purposes only. Gordon’s provides a separate entrance/exit and is not dependant on the display space at all times. This does not create additional parking needs, and the existing parking meets the requirements of the site at the time of construction. Fire Fire protection to the buildings shall be provided pursuant to the International Fire Code. The specific requirements for installation of all fire hydrants, fire sprinklers,and fire lanes were determined at the tenant improvement permit approval. 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 International Building Code requirements. 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 onsitelandscaping, including perimeter landscaping comprised of an 8 foot landscape strip, streetscapes comprised of a 7 foot planter strip with street trees, and parking lot landscaping. The proposal does not expand the footprint of the existing uses and does not trigger the need for additional landscaping. Page 10of 11 Conclusions of Law A.The Site Plan Review Committee has jurisdiction to consider and decide the issues presented by this request. B.The applicant has established that the request for site plan review approval satisfies all criteria set forth in Section 17.84.020(C) YMC, meets all requirements of the Central Business District (CBD)zoning classification, and meets all other requirementsof the Yelm Municipal Code. C.The Site Plan is valid for eighteen (18) months from the date of this approval. The applicant may request a six-month extension on the approval, if the request is made in writing prior to the expiration date of this approval. If you need additional information or assistance, please call the Community Development Department at (360) 458-3835. Decision The request for site plan review approval is hereby granted. th APPROVED this9day ofNovember, 2012 Grant Beck, Director of Community Development Site Plan Review Committee Appeal Site Plan Approval is a Type II Administrative land use approval. An appeal of this decision can be filed within 14 days from the date of this approval, pursuant to YMC, Chapter 15.49, Integrated Project Review Process. Any appeal must be in writing, contain specific factual objections, and include the appeal fee of $50.00. Page 11of 11