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20130191 Approval 06052013 STAFF REPORT City of Yelm Community Development Department 20130191 Yelm Learning Tree Preschool Case Number: June 5, 2013 Date: Kim Drehle Applicant: th 15826 104 Avenue SE Yelm, WA 98597 Dwayne & Carol Bockman Owner: 13306 Vail Road SE Yelm, WA 98597 Special Use Permit for Preschool. Request: Approval with conditions Recommendation: Exhibit I: Proposed Site Plans Exhibit II: Previous Site Plan Approval Exhibit III: Notice of Application and Comments Exhibit IV: Public Hearing Notice Proposal The applicant has applied for a Special Use Permit and Site Plan Review to have a preschool in an existing building, along with rental space in the upper floor. Property Characteristics The property is located at 204 Yelm Avenue East and is identified by assessor tax parcel number 64400701500. The building is currently vacant and was previously used for service oriented businesses such as a beauty salon and a massage therapy office. The site was approved for these uses through SPR approval SPR-04-0064-YL, issued on June 9, 2004. (Copy Attached) The property is zoned by the Yelm Comprehensive Plan Map as Central Business District (CBD) which allows Special Uses as provided for in Chapter 17.66 YMC. Nursery schools and preschools are listed as a special use in Chapter 17.66 YMC. Page 1 of 7 The building is two story and approximately 1200 square feet. The preschool will be held on the lower level that includes a classroom, multi-purpose rooms, and small kitchen area. The upper floor has area for office space for the applicants use, or for future space rental. 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). Notice of Application and Public Hearing Notice of this application was mailed to state and local agencies and property owners within 300 feet of the project site on May 16, 2013. Washington State Department of Transportation stated that they had no concern, and Washington State Department of Ecology provided comment that if contaminates are found during construction, they must be notified. Notice of the date and time of the public hearing before the Hearing Examiner was posted on the project site and mailed to the owners of property within 300 feet of the project site on Thursday, June 6, 2013. Notice of the date and time of the public hearing was published in The Nisqually Valley News in the legal notice section on Friday, June 7, 2013. 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 site is currently located in the City of Yelm’s sewer system service and is connected to the sewer system. The change of use does not require additional sewer connections. 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. Page 2 of 7 The site is within the water service area as identified in the Yelm Water System Plan and is connected to the water system. The change of use does not require additional water connections The applicant is 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. 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 property fronts Yelm Avenue which is improved to current standards at this time. The proposed preschool and future office space creates fewer vehicle trips then the previous use in the building. With no new vehicle trips added, no transportation facility charges are required. 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 Page 3 of 7 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. State Environmental Policy Act This project does not require a SEPA threshold determination pursuant to Section 197- 11-800(1)(b)(iii) which exempts the construction of an office, school, commercial, recreational, service, or storage building with 4,000 square feet of gross floor area, and with associated parking facilities designed for twenty automobiles. Lots Size and Setbacks The Yelm Zoning Code does not establish minimum or maximum lot sizes. The CBD zoning district does not have specific setback requirements, however development must stay within the character of the neighborhood. The existing building meets current minimum setback and height requirements. Adjacent Land Uses and Zoning The surrounding area is commercially zoned with existing commercial uses to the east and west, and residential uses to the north, behind the building. The project, as conditioned, meets City of Yelm development requirements and is a compatible use with surrounding properties. The traffic generated by the new use is not significantly higher than the previous use and thus will not pose any adverse impacts to the surrounding properties. 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 per pm peak 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. A school creates fewer trips than the previous commercial uses. No TFC charges are required. Page 4 of 7 Water Supply The City’s Water Comprehensive Plan identifies the property as being within the water service area and the property is currently served by City water. The preschool will use less water than the previous uses, no additional water connections are required at this time. Section 246-290-490 WAC, requires that the City take measures to ensure that contamination does not occur as a result of cross connection. There is currently a double detector check valve at the water meter that does not comply with current state regulation. The applicant is required to install a Reduced Pressure Backflow Assembly device at the water meter. If an irrigation meter is installed, a backflow prevention device will be required for all irrigation connections between the irrigation system and the water meter. Sewer System The City’s Sewer Comprehensive Plan identifies the property as being within the sewer service area, and the site is currently served by City sewer. The preschool will use less water than the previous uses. Sewer connections are based on water usage, no additional sewer connections are required at this time. Fats, oils, and greases entering the STEP sewer system can adversely affect the operation of the plant and the City requires all appropriate measures to avoid fats, oils and greases from entering the system. If food is prepared on site in the future, an appropriately sized grease interceptor may be required. Parking The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code address parking regulations from many aspects. These considerations include 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 are 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. The Central Business District allows for adjusting the minimum parking requirements when certain conditions are met. Parking requirements may be adjusted during the site plan review process when the adjustment does not create an adverse impact on Page 5 of 7 existing or potential uses adjoining the subject property, and when other parking alternatives and programs are available. The site currently has four approved parking stalls at the rear of the building, accessed by an alley that was constructed at the time of the previous land use approval. These stalls are adequate for staff parking. Visitors to the building may use on street parking on Yelm Avenue, as well as public parking located one block away at the corner of nd Washington and 2 Street. Stormwater Quality and Quantity 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 1992 DOE Stormwater Manual requires that all stormwater runoff from impervious surfaces be treated on site. The proposal is not creating any new impervious surface that must be treated. A stormwater report is not required for the proposed project. 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. Existing landscaping meets the requirements of Chapter 17.80, no additional landscaping is required. If an irrigation meter is installed, a backflow prevention device will be required for all irrigation connections between the irrigation system and the water meter. Refuse The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code provide guidance for refuse storage and screening. 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. No refuse container is allowed between a public street and the front of a building. Page 6 of 7 Refuse collection areas must be designed to contain all refuse generated on site and deposited between collections, and refuse should not be visible from outside the refuse enclosure. If the applicant proposes to use residential service, the residential trashcan must be stored out of sight except for on trash pickup days. Staff Recommendation Based on the Analysis, Findings, and Conditions of Approval, staff finds that the project, as conditioned, meets the City’s minimum requirements and standards. Staff recommends that the Hearing Examiner approve 20130191 Special Use Permit for the Yelm Learning Tree Preschool, as proposed and conditioned herein. 1. The applicant shall install a Reduced Pressure Backflow Assembly device at the water meter. Page 7 of 7