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Hearing Examiner Decision (2) October 14, 2003 Yelm Senior Center P.O. Box 757 Yelm, WA 98597 RE: YELM SENIOR MULTIPURPOSE CENTER, CUP-03-8336-YL 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/ca cc: Parties of Record CITY OF YELM OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: YELM SENIOR MULTIPURPOSE CENTER, CUP-03-8336-YL APPLICANT: Yelm Senior Center P.O. Box 757 Yelm, WA 98597 SUMMARY OF REQUEST: The applicant is applying for a special use permit to construct a 6,000 square foot senior multipurpose center within the city limits of Yelm. SUMMARY OF DECISION: Request granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on September 29, 2003. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: EXHIBIT "1" - Planning and Community Development Staff Report and Attachments TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that funding for the project comes from a block grant. The City administers the funds as a clearing house. The applicant will construct a 3,000 square foot building, but the hearing will consider the eventual 6,000 square foot structure. The City reviewed the environmental impacts of the project under SEPA and NEPA and issued a FONSI and DNS. The site has a lot of environmental issues. The applicable R-6 zone classification authorizes the senior center subject to a conditional use permit. Yelm Creek with its associated wetlands and flooplains crosses the southwest corner of the site. The applicant found the original plan costly and scaled it back. The original plan showed a larger fire lane, two entrances, and significant landscaping. Additional costs included storm water retention and treatment. The proposed landscaping was very expensive and exceeded City standards. The revised plan shows one access and smaller fire lanes. The entire project is outside of the shoreline jurisdiction of Yelm Creek, and no construction will occur within the floodplain. The City will defer certain road improvements for 103rd as it has a plan to improve said road. The applicant will attach the sewer line beneath the bridge over the creek. The number of parking spaces exceeds code requirements. The storm water detention and pond swales are located near the center. The applicant will provide a 15 foot wide buffer along the east property line as it abuts a single family dwelling. City transportation charges are based on square footage, and the City will calculate those charges at the completion of construction when it can measure the final size. Appearing was FRAN SHERRELL, executive director of the center, who testified that they will construct a 5,400 square foot building per phase with a total of 10,000 square feet. Appearing was GRANT BECK who testified that Ms. Sherrell’s testimony proposes a structure different from the notice. However, the new structure will not increase the amount of impervious coverage. MS. MERRIMAN testified that the code grants parking allowances for the use of buses and vans, and that the parking lot can provide 25% compact spaces. The site also has additional room for more parking. Reappearing was MS. SHERRELL who testified that she has no problems with conditions of approval. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS, CONCLUSIONS AND DECISION: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. The City has performed an environmental review, to include SEPA and NEPA, and issued a Finding of No Significant Impact on August 22, 2003, with a commend deadline of September 5, 2003, and an appeal deadline of September 12, 2003. The applicant has a possessory ownership interest in an irregularly shaped parcel of property abutting the north side of 103rd Avenue SE, northeast of its intersection with Creek Street. The parcel abuts 103rd Avenue for 500 linear feet and measures 365 feet in depth. The applicant requests a conditional use permit to authorize construction of a10,000 square foot, senior multipurpose center and associated parking. The site plan shows present improvements consisting of a barn, shed, and concrete pad in the central portions of the site. The applicant will remove all improvements and construct the multipurpose center in the northcentral portion of the site in two phases. Phase 1 will consist of a rectangular, 5,400 square foot building, and Phase 2 will connect onto the south side of Phase 1 and will expand the building to a total of 10,000 square feet. The site plan shows 62 parking spaces to include four handicapped spaces located south of the building. A single access extending north from 103rd Avenue E. near the east property line provides access to the parking area and also to an emergency vehicle access drive circling the building. Yelm Creek, designated as a shoreline by the City shoreline regulations, bisects the southwest corner of the parcel and flows beneath 103rd Avenue in a boxed culvert. While Yelm Creek has an associated floodplain and wetlands, no development will occur within the shoreline jurisdiction or wetland buffers. The applicant will demolish and remove existing improvements which include an uninhabitable mobile home and dilapidated water tower. The site is located within the Moderate Density Residential (R-6) zone classification of the Yelm Municipal Code (YMC). Said classification has no minimum lot size requirements, but all buildings must meet the setbacks of five foot side yard with a total of 12 feet on both sides, 25 foot rear yard, and 15 foot front yard with a minimum 20 foot driveway approach. The parcel abutting the north property line is located within the Open Space/Institutional (OS) zone classification and improved with an elementary school. Parcels abutting the east and southeast portions of the site are located within the RR 1-5 classification in unincorporated Thurston County and improved with residential uses. Parcels to the southwest are located in the Heavy Commercial (C2) classification and improved with apartments and a plumbing business. The property abutting the west property line is located within the Commercial (C1) classification and improved with a church. The proposed senior center will fit well with the existing mixed uses in the area. The site plan shows the required 15 foot wide, dense, landscape buffer on the east property line abutting residential uses. No development will occur on the western portion of the site within 200 feet of Yelm Creek, listed as a shoreline of the State. Wetlands and wetland buffer areas associated with the creek will remain undisturbed and in their natural state. No construction will occur nor fill placed in flood zone areas. The applicant will extend a City sewer line east along 103rd Avenue E. to the site and will cross Yelm Creek by attaching it to the bottom of the existing culvert/bridge. The City reviewed the crossing pursuant to SEPA/NEPA environmental review and determined that the bridge crossing will create no adverse environmental impacts. The Washington Administrative Code (WAC) exempts the bridge crossing from the requirements of an Hydraulic Project Approval (HPA) and from shoreline management. The City of Yelm Development Guidelines list 103rd Avenue as a local access residential street which has the capacity to serve traffic generated by the center. However, new developments burden the City’s central streets, and the applicant must mitigate its traffic impacts. The Institute of Transportation Engineer’s Manual, 5th Edition (ITE) provides that a recreational facility generates 1.75 new p.m. peak trips per 1,000 square feet of area. The City’s transportation facility charge currently equals $750 per new p.m. peak trip and is payable at building permit issuance. The City will determine the proper charge based upon the square footage of the building. Chapter 15.40 YMC requires the applicant to upgrade 103rd Avenue SE to City standards for utilities, curbs, gutters, sidewalks, and bicycle lanes. 103rd Avenue crosses Yelm Creek on a small bridge which abuts the site. Conditions require the applicant to improve 103rd Avenue E. with the exception of the 103rd Avenue bridge which the City intends to widen. The City will defer the improvements of the portion of the road leading to the bridge to the time of the bridge improvement project. Chapter 17.72 YMC sets forth the off-street parking and loading requirements, but does not list a senior center as a specific use. This nearest category is “places of assembly without fixed seats”, and such uses require one parking stall per ten occupants. The maximum occupancy of a 6,000 square foot facility calculates to 400 persons which requires 40 parking stalls. As previously found, the site plan shows 62 parking stalls, but the applicant now proposes a 10,000 square foot building. However, the site has more than sufficient room to provide additional parking. In addition, the applicant would qualify for a reduced number of parking spaces based upon its vans and buses which transport some seniors to and from the center. The applicant can also provide compact parking spaces within the presently proposed parking area. The site can provide adequate parking for a 10,000 square foot structure. While the parcel is located within the City’s water service area, it presently has no connection to the City water system. Conditions of approval require the applicant to connect to an existing six inch water line currently installed in 103rd Avenue. Such will assure provision of both domestic water and fire flow to the site. The site is located within the City sewer comprehensive plan, and as previously found, the applicant must extend a sewer line east on 103rd Avenue to the site to provide sanitary sewer service. The impervious surfaces created by development of the site will increase storm water runoff and the applicant must construct a storm water drainage system which will accommodate the quantity of runoff and also maintain the quality of the runoff in accordance with City storm water manual requirements. The building must meet the requirements of the Uniform Fire Code to include specifications for fire hydrants, fire lanes, or sprinkler systems. In accordance with Section 17.80.030(B) YMC, the applicant will provide a 15 foot wide, Type 1 landscape buffer along the eastern property line to buffer existing residential uses. CONCLUSIONS: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. The request for a special (conditional) use permit satisfies all criteria set forth in Chapter 17.66 YMC. The senior center will provide a needed service to senior citizens, is located in a convenient area, and will have an appropriate size and scale. The setbacks and buffers will ensure minimal, if any, adverse impacts to adjacent properties and to the community as a whole. The project provides for the public health, safety, and general welfare and also conforms with the Yelm-Thurston County Joint Comprehensive Plan, the City zoning ordinance, and the City’s development and design guidelines. Therefore, the special use permit should be approved subject to the following conditions: Transportation: The applicant 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 the square footage of the building at building permit issuance. The applicant shall make on-site and frontage improvements consistent with City standards. Improvements for 103rd Avenue shall be consistent with the City of Yelm Development Guidelines for a “Local Access Residential Street”, and shall be installed from the eastern property line west to approximately 200 feet east of the bridge over Yelm Creek. Remaining improvements shall be deferred. Parking: The applicant shall provide for a minimum of 30 parking stalls on site. The applicant shall provide for handicap parking stalls as required by ADA. Parking areas shall be landscaped consistent with Chapter 17.80, Landscaping, and City of Yelm Development and Design Guidelines. The applicant may phase their parking improvements to concur with building phases, meeting minimum requirements. Water: The applicant shall connect to the City water system. Water ERU’s are based on a consumption rate of 240 gallons per day and are charged a current rate of $1,500 (fee subject to change) inside City limits. The number of ERU’s required for this project shall be determined by calculations provided by the applicant, and approved by the Community Development Department. Water connection fees shall be paid at building permit issuance. Wastewater: The applicant must connect to the City sewer system. Sewer ERU’s are based on the on the water calculations provided by the applicant, and reviewed and approved by the Community Development Department. ERU’s are based on a discharge of 240 gallons per day. The current rate for one ERU in the LID is $2,620.00.00 (fee subject to change). The sewer main shall be extended along the frontage of the site, from the corner of 103rd Avenue and Creek Street to the eastern property corner. Sewer connection fees are payable at building permit issuance. Drainage/Stormwater: The applicant shall design and construct all stormwater facilities in accordance with the DOE Manual, as adopted by the City of Yelm. Best Management Practices are required during and post construction. Stormwater areas shall be landscaped consistent with Chapter 17.80, Landscaping, and City of Yelm Development and Design Guidelines. The applicant shall submit a final stormwater report with civil plan application. The applicant shall submit a stormwater maintenance plan with civil plan application. The applicant shall provide a blanket easement for maintenance of all utilities deeded to the City, and access to the stormwater facility. Landscaping, Development Guidelines, and Design Guidelines: The applicant shall provide for a 15’ dense “Type I” landscape buffer along the eastern property line, adjacent to the residential uses. An 8-foot, Type II landscaping is required along the north and west property line. A 5-foot Type II landscaping is required around the buildings. Type III landscaping is required as part of the frontage improvements. Type IV landscaping is required in parking areas. Type V landscaping is required in stormwater retention facilities. The applicant shall submit a final landscape and irrigation plan, pursuant to Chapter 17.80, to the Community Development Department for review and approval. Completed landscaping shall be approved by the Community Development Department prior to building occupancy. Refuse: Refuse container screening shall be required, and 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 shall in no case be less than six feet high, with a gated enclosure. 25. No refuse container shall be permitted between a street and the front of a building. 26. Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. DECISION: The request for a special use permit to allow construction of a 10,000 +/- square foot, senior multipurpose center at a site located at 13530 103rd Avenue SE is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 14th day of October, 2003. _____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 14th day of October, 2003, to the following: APPLICANT: Yelm Senior Center P.O. Box 757 Yelm, WA 98597 OTHERS: FRAN SHERRELL P.O. Box 474 Yelm, WA 98597 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 CASE NO.: YELM SENIOR MULTIPURPOSE CENTER, CUP-03-8336-YL 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 October 24, 2003 (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.