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20140213 NOD and Approval 09092014 (3) City of Yelm Site Plan Review Committee 105 Yelm Avenue West Yelm, WA 98597   NOTICE OF DECISION DATE: September 9, 2014 PROJECT NAME: Inspire Physical Therapy Office PROJECT LOCATION: Corner of Yelm Avenue and Solberg Street, Yelm, WA 98597 PARCEL NUMBER: 75300400100 CASE NUMBER: 20140213 Notice is hereby given that the Community Development Department issued a site plan review approval to Inspire Physical Therapy, in order to construct a 2,632 sq. ft. physical therapy office at the above referenced location. The complete decision may be viewed on the City’s website at www.ci.yelm.wa.us and choosing ‘Agendas/Notices’ and ‘Public Notices’ from the menu system. A copy of the decision may also be obtained at the Community Development Department in City Hall at 105 Yelm Avenue West, Yelm, WA 98597 during normal business hours for a fee of 15 cents per page. For additional information, please contact the Community Development Department at 360-458-3835.  City of Yelm Site Plan Review Committee 105 Yelm Avenue West Yelm, WA 98597   Site Plan Review 20140213 Findings of Fact, Conclusions of Law, and Decision Findings of Fact 1. Sean Sipe, representing Inspire Physical Therapy, is proposing to construct a 2,632 square foot physical therapy office on Assessor’s Tax Parcel Number 64300700600. The property has not been assigned an address at this time. 2. The property is approximately 12,000 square feet in area and is identified by the Yelm Zoning Code as being within the Central Business District (CBD), Chapter 17.24 YMC. Business and professional offices are an allowed use in the CBD subject to site plan review. 3. Sean Sipe submitted an application consistent with the requirements of Section 17.84.060 YMC for site plan review approval (20140213). The application included a preliminary site plan, a preliminary stormwater report and a traffic impact analysis. 4. As required by Section 15.49.130 YMC, the Yelm Community Development Department mailed a Notice of Application to local and state agencies and surrounding property owners on August 14, 2014. In addition, the notice was published on the City’s website on August 14, 2014. 5. Comments were received from Intercity Transit and Washington State Department of Ecology (Ecology). Intercity Transit requests an ADA accessible bus stop be constructed on the northwest corner of the property. Ecology comments indicate that a construction stormwater permit may be required. 6. Chapter 15.40 YMC requires the reviewing authority to determine that required urban infrastructure is available at the time of development (concurrency), which is a determination that 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. a. 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 subject property is within the City’s sewer service area but is not currently connected to the City’s S.T.E.P. sewer system. There is an existing 4 inch sewer main located in the alley that abuts the southern property line. The preliminary site plan identifies a 1,000 gallon S.T.E.P. tank which does not meet the City’s development guidelines minimum requirement of a 1,500 gallon tank. If required to connect to the City’s sewer system and the installation of a S.T.E.P. tank sized consistent with the most recent version of Criteria for Sewage Works Design published by the Washington Department of Ecology, a finding of concurrency is appropriate. b. 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 subject property is within the water service area but not currently connected to the City’s water system. There is a 6 inch water main located in Solberg Street and a 4 inch AC water main located in the alley that abuts the southern property line. Section 246-290-490 WAC requires that the City take measures to ensure that contamination does not occur as a result of cross connection with the water system. The adopted development guidelines for Yelm require that water mains be sized to provide adequate domestic plus fire flow at the required residual pressure with a minimum size of 6 inches (Section 6.030 A). While the City of Yelm has been proactive in water planning since 1994, when application was made with the Washington Department of Ecology for water rights sufficient to serve the City and its Urban Growth Area for 20 years of growth, the approval of these water rights by the Washington Department of Ecology, the Pollution Control Hearings Board, and the Thurston County Superior Court have been further appealed to the Washington State Supreme Court. The Supreme Court has yet to determine if it will accept the appeal on direct review. If it does accept the case, a decision is not anticipated within the next 18 to 24 months. If the Court does not accept the case, it will be remanded to the Court of Appeals and the timeline for a decision could be even longer. The City currently has sufficient water connections to serve some growth. Because the proposed development is expected to be fully complete and connected to the City’s water system within the time period of available connections, the Community Development Department is able to make a written determination that adequate provisions for potable water will be available when needed by the proposal. However, 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. If the City does not have sufficient approved water connections at the time a building permit for the proposed development is ready to issue, the permit will be denied until additional water resources are available. Provided that connection to the City water system is required, that the existing 4 inch water main in the alley is replaced with a 6 inch main along the property frontage, and that an approved backflow prevention device is installed at the water meter, a finding of concurrency is appropriate. c. Concurrency with transportation infrastructure is achieved pursuant to Section 15.40.020 (5)(c) YMC when the project: i. Makes on-site and frontage improvements consistent with city standards and roads necessary to serve the proposed project consistent with safety and public interest; The project has frontage along Yelm Avenue West, Solberg Street, and the alley. Frontage improvements for these streets do not meet current standards for an urban arterial (Yelm Avenue), commercial collector (Solberg) or alley, as found in the adopted development guidelines. The development guidelines require bus stops where appropriate as part of frontage improvements (Section 4G.060). The City recently constructed sidewalks along the property frontage. The new sidewalk, because of right-of-way considerations, is not in the correct location if Yelm Avenue were reconstructed to urban arterial standards. The Yelm development guidelines (Section 4B.080 C) allow the City, under certain circumstances, to defer the installation of frontage improvements. ii. 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; The traffic impact analysis submitted with the application did not identify any impacts to the safe movement of traffic or pedestrians. iii. 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. Provided that the project is conditioned to require full frontage improvements along Solberg Street and the alley, partial frontage improvements along Yelm Avenue consisting of the construction of a bus stop and the dedication of right of way, and with the payment of a traffic facilities charge, a finding of concurrency is appropriate. d. Concurrency with school infrastructure is achieved pursuant to 15.40.020 (B)(4) 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 proposal will have no impact on the School system as it will not increase the number of students within the school district. e. 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 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. 7. A SEPA threshold determination is not required, as the proposal is for a 2,632 square feet commercial structure with 15 parking stalls, which meets the categorical exemption of Section 197-11-800 WAC. 8. 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. The Mazama Pocket Gopher has been listed as a threatened species by the Washington Department of Fish and Wildlife since at least 2008. Yelm has protected this species through the implementation of the Critical Areas Code, Chapter 14.08 YMC. When a development occurs on property suspected to be occupied by the Mazama Pocket Gopher, the Community Development Department has required the applicant prepare a critical areas report which would include mitigation measures if it was determined that pocket gophers would be impacted by the proposed development. The Washington Department of Fish and Wildlife is provided with notice of all threshold determinations issued pursuant to the State Environmental Policy Act and the City consults with the Department when a critical areas report is required. In April, 2014, the U.S. Fish and Wildlife Service listed the Yelm subspecies of the Mazama Pocket Gopher as threatened under the Endangered Species Act. While the City of Yelm is not responsible for implementation or enforcement of the Endangered Species Act, it consults with the Service and provides notice to applicants that the pocket gopher is a federally protected species and a permit from the U.S. Fish and Wildlife Service may be required. As part of the review process for the this application, Community Development Department staff reviewed soil maps, which show the area of the proposed project to be of low suitability as habitat for the pocket gopher. Visual reconnaissance by City staff showed no evidence that the property contains any protected species. Based on these facts, the Yelm Critical Areas Code would not require the preparation of a special report prior to approval of the project. Compliance with Yelm’s requirements under the Critical Areas Code does not ensure compliance with the provisions of the Endangered Species Act. The applicant should contact the US Fish and Wildlife Service with any questions about compliance with Federal standards for threatened species. The proposal is concurrent with Yelm development regulations as it relates to critical areas provided that a condition requires all stormwater from the proposal is treated and disposed in compliance with adopted stormwater regulations. 9. The City of Yelm has adopted the 2012 Stormwater Management Manual for Western Washington published by the Washington Department of Ecology. Stormwater from the parking lot, street frontage and alley will be required to be treated and released. The preliminary site plan shows stormwater runoff from Yelm Avenue directed to a catch basin in Yelm Avenue, and a stormdrain line to a catch basin on Solberg, and then to an 8” concrete line under Solberg Street. These catch basins and stormdrain lines shall be verified with civil plan submission. The proposal is concurrent with Yelm development regulations as it relates to stormwater provided that a condition requires all stormwater from the proposal is treated and disposed in compliance with adopted stormwater regulations. 10. The proposal is located within the “Old Town District” of the Yelm design guidelines. The Old Town District requires that buildings be orientated to the front and/or corner of the property. Developments on corners must enhance the corner with amenities such as a decorative screen wall, substantial landscaping, pedestrian oriented space or other design features. The preliminary site plan shows a corner enhancement to include a concrete plaza with a bench and building articulation at the corner. The preliminary site plan also shows a two-sided sign at the corner, and within the City right-of-way. Private signs may not be located within the public right of way. The proposal is concurrent with Yelm design guidelines as it relates to corner enhancement provided that a condition requires the placement of the private sign is located outside of the public right of way and the corner enhancement is constructed consistent with the preliminary site plan. 11. Yelm development standards require on site landscaping, including perimeter landscape 8 feet in width, and parking lot landscape. The preliminary site plan shows the required 8 feet of perimeter landscape on the east property line, more than 8 feet on the east side of the building, and the southeast corner, and less than 8 feet on the west property line and adjacent to the alley. The Yelm municipal code at Section 17.80.060 allows the modification of the landscape requirements if the landscaping represents an equal result that could have been achieved by the strictly following the requirements the landscape chapter. The proposal is concurrent with Yelm development regulations as it relates to landscaping provided that the final landscape plan is consistent with the preliminary site plan. If irrigation meters are installed, a backflow prevention device will be required for all irrigation connections between the irrigation system and the water meter. The City of Yelm also promotes water conservation and requires 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 proposal is concurrent with Yelm development regulations as it relates to landscaping provided that a condition requires irrigation to be consistent with the requirements listed above. 12. Pedestrian circulation and amenities shall be provided as described in the Yelm development and design guidelines, providing adequate lighting, and safe pathways meeting ADA standards. The proposal is concurrent with Yelm development regulations as it relates to pedestrian circulation and ADA standards provided that the final construction plans are consistent with the preliminary site plan. 13. Service areas are to be located behind the building and shall be screened and landscaped as described in Yelm Design Guidelines. Refuse enclosures shall be reviewed and approved by Pacific Disposal for location and access. The preliminary site plan shows a refuse container located appropriately behind the building, however not accessible to the disposal company. The proposal is concurrent with Yelm development regulations as it relates to siting service areas, provided that the refuse enclosure location meets the size and materials as listed in the design guidelines, and the project conditioned to require the applicant to receive approval from Pacific Disposal for location. 14. The Zoning Code at Chapter 17.72 requires 1 parking stall for every 300 square feet of gross floor area for a professional office. The proposal requires a minimum of 9 parking stalls. The applicant is providing 15 parking stalls. The proposal is concurrent with Yelm development regulations as it relates to parking provided that the final construction plan is consistent with the preliminary site plan, and provides the minimum or more parking stalls. Conclusions of Law A. 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. 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 zoning classification, and meets all other requirements of the Yelm Municipal Code. Therefore, the site plan should be approved subject to the following conditions: 1. The building shall be connected to the City S.T.E.P. sewer system via the 4 inch main located in the alley. The S.T.E.P. tank shall be sized consistent with the most recent version of Criteria for Sewage Works Design published by the Washington Department of Ecology. The connection fee will be based on water usage calculations and established at the time of building permit issuance. 2. The building shall be connected to the City water system. An engineers estimate for water usage will be required as part of civil plan submission. The connection and meter fee will be established at the time of building permit issuance. 3. The water main located in the alley shall be replaced with a 6 inch water main along the property frontage. 4. All conditions for cross connection control as required in Section 246-290-490 WAC shall be met prior to issuance of certificate of occupancy. 5. Provision of adequate fire flow, or construction methods that reduce the required fire flow as required by the fire codes adopted by the City shall be shown on civil engineering plans. 6. Yelm Avenue improvements shall include the construction of a bus stop located a minimum of 55 feet east of the intersection of Yelm Avenue and Solberg Street. The stop pad shall be a minimum of 6 feet wide and 8 feet deep. The applicant shall contact Intercity Transit for appropriate construction details. 7. Deferral of partial frontage improvements on Yelm Avenue shall be secured for installation at a later date by a waiver of protest, and commitment to participate in a Local Improvement District (LID). 8. Solberg Street shall be constructed to a “Modified Commercial Collector”. The applicant shall contact the City of Yelm Public Works Department for construction details prior to civil construction plan submission. 9. The alley shall be paved 10 feet in width within the right-of-way, along the property frontage. 10. Right-of-way for Yelm Avenue and Solberg shall be dedicated to the City. 11. Civil construction plans shall include plans for the collection, treatment, and infiltration of stormwater in accordance with the 2012 Stormwater Management Manual for Western Washington published by the Washington Department of Ecology. Best Management Practices (BMP’s) are required during construction. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 12. Civil construction plans shall show verification of existing stormwater facilities in Yelm Avenue West and Solberg Street, as it relates to the proposed development. 13. Private signs may not be located on the public right of way. 14. Civil construction plans shall include a detailed landscape and irrigation plan consistent with the preliminary site plan, specifying water efficient plant species for the Pacific Northwest, irrigation design to positively prevent runoff or overspray onto impermeable hardscape under all conditions, separate station/zones to areas with dissimilar water. Sprinkler head design must not permit sprinklers to overspray onto impermeable hardscape under any condition. Incorporate drip irrigation for all zones planted in one-gallon or larger size. Weather-based irrigation controllers (WBIC) are required. 15. The refuse enclosure location must be approved by Pacific Disposal and be a minimum of 8-feet by 20-feet. Screening shall be constructed of CMU, wood, or architectural steel. Gates shall be of similar durable materials. Landscaping around the enclosure shall consist of Thug Occidentalis Pyramidal trees spaced at 2 ½ feet on center, with ground cover as required in the perimeter landscaping. 16. Civil construction plans shall show parking consistent with the preliminary site plan, providing a minimum of 9 parking stalls. 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 subject to the conditions contained in the conclusions above. Dated this 8th day of September, 2014 __________________________ _____ _______________________________ Grant Beck, Ryan Johnstone, Community Development Director Public Works Director _______________________________ Gary Carlson, Building Official Prepared this 8th day of September, 2014 _________________________ Tami Merriman, Associate Planner Appeal The Site Plan Review Committee’s decision in this matter may be appealed, pursuant to Chapter 15.49 YMC, to the City of Yelm Hearing Examiner no later than 14 days from the date of this decision. An appeal must be in writing, contain specific factual objections, and include the appeal fee of $50.00.