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20140179 HE Decision 09092014 • T / �0� T�A��` City of Yelm �O � � Community Development Department 105 Yelm Avenue West P.O. Box 479 Y E L M Yeim, WA 98597 WASHINCTOIV September 9, 2014 St. Columban Catholic Church 506-1 St Street South Yelm, WA 98597 RE: 20140179 St. Columban Education Building Dear Applicant: Transmitted herewith is the Report and Decision of the City of Yelm Hearing Examiner relating to the above-entitled matter. Very truly yo rs, ) rST PHEN K. CAUSSEAUX JR. Hearing Examiner SKC/jjp cc: Parties of Record -�- i � 1 3 OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: 20140179 St. Columban Education Building APPLICANT/ St. Columban Catholic Church OWNER: 506-1St Street South Yelm, WA 98597 REPRESENTATIVE: Jim Wolch BCRA, Inc. 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 SUMMARY OF REQUEST: Special Use Permit and Site Plan Review to allow construction of a 5,300 square foot education and administration building on the site of the existing St. Columban Catholic Church. 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 August 25, 2014, at 9:00 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 with Attachments -z- TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the church is located at the intersection of 1S� Street and Mill Road on a 7.75 acre parcel within the C-1 zone classification. The church was constructed in 1950 and has since expanded. The City considers the church a legal nonconforming use. Sanitary sewers and water serve the church, and the City has determined that it can provide water to serve the proposed structure. The City will provide evidence of appropriate water at the time of building permit application. Both SR-507 and Mill Road are not to code, but the City will defer improvements to a larger project that would include the church. The environmental official issued a DNS following SEPA review. The site contains possible pocket gopher habitat but a study shows no evidence of that species inhabiting the site. The building meets all design standards except for the northwest side that will need architectural treatment. Sufficient parking already exists on the site and the applicant will add landscaping around the parking area. Staff recommends approval subject to conditions. JIM WOLCH, BCRA Architects, appeared and testified that the project will accommodate the church's Sunday School program. They presently have no small rooms that could serve as classrooms and they need space for small group meetings. The building will provide eight classrooms, an office, and restrooms. They agree with all conditions of approval. The busiest usage of the building will occur on Sunday morning during mass. They also propose to use the building a couple of evenings per week to include junior high school students, adult education, and prayer meetings. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:30 a.m. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department. FINDINGS, CONCWSIONS, 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 project pursuant to the State Environmental Policy Act (SEPA) and issued a Determination of Non-significance based on WAC 197.11.340(2) on July 25, 2014. This determination is final and fulfills the City's responsibility for disclosure of potential significant environmental impacts. 3. Notice of this application was mailed to state and local agencies and property owners within 300 feet of the project site on June 20, 2014. In addition, the Notice was published on the City's website on June 20, 2014. Notice of the date -3- , � and time of the public hearing before the Hearing Examiner was posted on the project site, on the City website, and mailed to the owners of property within 300 feet of the project site on Wednesday, August 13, 2014. Notice of the date and time of the public hearing was published in the Nisqually Valley News in the legal notice section on Friday, August 15, 2014. 4. The applicant, St. Columban Catholic Church, has a possessory ownership interest in four contiguous parcels of property that together cover 7.75 acres. The parcels are located at the southeast quadrant of the intersection of SR-507 and Mill Road within the City of Yelm. The applicant requests a special use permit and site plan review to allow construction of a 5,300 square foot, education and administration building that it will use for associated church purposes. 5. Improvements on the site include an 8,400 square foot, church building located in the central portion of the site; a 3,850 square foot, social hall; a 4,500 square foot, education building located in the northeast portion of the site adjacent to SR-507; a single-family residence located immediately southwest of the church building; and a second social hall with unimproved parking located on the easternmost parcel near the east, exterior, property line. Paved parking spaces extend around the north, east, and west sides of the church and residential dwelling. The applicant proposes to locate the new education building across the parking area northeast of the church. 6. Original construction of the church occurred circa 1950 and the City annexed the church site in 1969. The church expanded in 1990 prior to the adoption of the present City zoning regulations that presently require a special use permit and site plan review for all churches within the City. Therefore, since the applicant has not acquired such permits the church is considered a legal, nonconforming use. Approval of the present special use permit and site plan review will authorize an improvement to a legal nonconforming use. 7. Abutting uses include SR-507 and commercial uses to the north; commercial uses to the east; the City's Cochrane Park to the south; and Mill Road to the west. The proposed building will have substantial setbacks from all exterior property lines. 8. Chapter 17.26 of the Yelm Municipal Code (YMC) sets forth bulk and use regulations for the applicable Commercial (C-1) zone classification. Section 17.26.030 YMC sets forth permitted uses within the C-1 classification but does not list churches therein. However, YMC 17.26.040(B) authorizes special uses in the C-1 zone as set forth in Chapter 17.66 YMC. Chapter 17.66 YMC, entitled "Special Uses", provides in YMC 17.66.010 that the intent of the chapter is to: -4- A. Provide for the location of certain types of uses, services and facilities which, because of their unique characteristics, cannot (or should not) be limited to or automatically included in specific land use classification districts.... Section 17.66.020 YMC sets forth the list of "Special Uses" permitted in all City zone classifications. Said list includes in subsection (B)(1): Churches (or other places of worship) Section 17.66.060 YMC authorizes the Hearing Examiner to grant a special use permit following a public hearing. Section 17.66.100 YMC authorizes the Examiner to impose conditions necessary "to secure adequate protection for the locality in which the use is to be permitted" and a time limit within which action for the special use is begun or completed. Chapter 17.84 YMC sets forth the criteria for site plan review. 9. While the list of special uses does not include schools or educational facilities, the applicant's proposed use meets the definition of "Accessory building or use" set forth in YMC 17.06.050 and "Accessory use" set forth in YMC 17.06.070. These definitions provide that accessory uses are those uses subordinate to a principal use (here, the church) and devoted to an activity or use customarily incidental to the principal use. The proposed uses of the building for religious education and prayer groups are subordinate to the principal use of the site as a church and are uses customarily incidental to the church use. Therefore, the proposed building can be approved as an accessory use. 10. Section 17.66.010(E) YMC sets forth the purpose of the review process for a special use permit as follows: E. Provide for a review process which will enable city officials, the general public and proponents of special uses to evaluate the need, location, scale and development characteristics of said uses and their impact on adjacent properties and the community as a whole, to the end that such uses may be approved, modified or disapproved fairly and objectively.... Chapter 17.93 YMC sets forth the criteria for nonconforming uses. Section 17.93.014 YMC provides as follows: A nonconforming use of a structure, or land, shall not be extended or enlarged after the effective date of the ordinance codified in this title, by attachment on a building or premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved. -5- In the present case, the applicant does not propose to extend or enlarge an existing structure nor does it propose to add another use that would generally be prohibited in the C-1 classification. To the contrary, churches and their accessory uses are specifically authorized subject to a special use permit in the C-1 classification. The applicant has therefore properly requested a special use permit to add an accessory use to the nonconforming church site. 11. Concerning need, location, and scale, the site has supported a church since 1950, prior to its incorporation into the City of Yelm. The aerial photograph shows that all improvements have significant setbacks from exterior property lines as will the proposed structure. The southern two lots remain unimproved and somewhat tree covered. The applicant must provide screening around the proposed building that meets minimum, City landscape requirements and must also plant trees around the adjacent parking area that will serve the structure. Such will blend the building with abutting and adjacent uses. Thus, the proposed improvement will have no impact on adjacent parcels and the community as a whole. The applicant's representative testified that primary usage of the structure will occur on Sunday mornings during mass and occasionally during the evening for education and prayer purposes. 12. The YMC requires a church to provide one parking stall for each ten occupants based upon the maximum occupancy load. The site presently provides adequate parking for the church, and due to anticipated times of operation, no additional parking is required for the building. 13. The church site is located within the City's sewer system service area and is currently connected to said system. The site plan shows that sewers connected to the new building will share a S.T.E.P. sewer tank with an existing building. At the building permit stage the applicant must show that the existing S.T.E.P. tank can accommodate the new structure. The project must also satisfy all stormwater quality and quantity requirements of the City. 14. The site is located within the City's water service area as identified in the Yelm Water System Plan and is currently connected to said system. The site plan shows that the applicant proposes to connect the building at an existing meter located on SR-507. At building permit stage the applicant must show that the existing meter is adequately sized to serve the additional building. The applicant must also pay water connection fees and ensure that contamination does not occur as a result of cross connection. 15. The site plan shows access into the site from driveways on SR-507 and Mill Road. The new building will utilize said accesses as well. The Transportation Element of the Yelm Comprehensive Plans requires a number of improvements on existing streets to include SR-507. The applicant will need to pay its portionate cost of internal street widening. The applicant has requested deferral -6- of frontage improvements, and the City has determined that it benefits the public to include small improvements within a future, larger project for road improvement such as a Local Improvement District (LID). Furthermore, the Traffic Impact Analysis (TIA) shows no significant impact to either road from increased usage of the site. The applicant will execute a waiver of protest and will commit to participate in a future LID. 16. The project must meet the City of Yelm Design Guidelines that require human scale building elements. The structure will have a gabled roof and covered entry as well as a cultured stone foundation with board and batten siding and articulation over the doorways. However, the east wall of the structure does not provide architectural features necessary to eliminate a large blank wall. Therefore, a condition requires architectural treatment of said wall. Sidewalks " will connect the new building to all other buildings and parking areas within the site. 17. The project is located within an area possibly inhabited by the Mazama Pocket Gopher, a species listed as threatened by the Washington Department of Fish and Wildlife (DFW) since approximately 2008. The City's Critical Areas Code (Chapter 14.08 YMC) implements protective measures for the gopher. The ordinance requires preparation of a critical areas report that would include mitigating measures if a project will impact gopher habitat. In the present case, soil maps that show the project site has low suitability for habitat. Visual reconnaissance shows no evidence of any protected species or habitat. Therefore, the applicant need not prepare a special report. Furthermore, neither DFW nor the U.S. Fish and Wildlife Service commented on or objected to the City's habitat determination. 18. The proposed improvement will not impact the Yelm School District as it will not increase the number of students within the district. The applicant may need to make a contribution to fire protection facilities at building permit time depending upon whether the Southeast Thurston Fire Authority establishes a region wide, fire impact fee. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the request for a special use permit satisfies all criteria set forth in Chapter 17.66 YMC, and that the request for site plan review satisfies all criteria set forth in Chapter 17.84 YMC. Therefore, said permit and review should be approved subject to the following conditions: -�- 1. The proposed building shall connect to the City S.T.E.P. sewer system. Civil engineering plans shall include a S.T.E.P. tank sizing report to show that the existing S.T.E.P. tank is sized appropriately for the additional connection of this building, or if a new tank is required. Additional sewer connections may be required based on water usage calculations. 2. The proposed building shall connect to City water service. An estimate of water usage is required as part of civil plan review. The civil plans shall include calculations to show that the existing meter is adequately sized for this building connection or if a new water meter is required to be installed. Water connection fees are based on a consumption rate of 875 cubic feet per month. 3. 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. 4. All conditions for cross connection control shall be met, as required in Section 246-290-490 WAC. 5. Deferred frontage improvements shall be secured for installation at a later date by a waiver of protest, and commitment to participate in a Local Improvement District (LID). 6. Architectural treatment is required for the blank wall at the east elevation pursuant to the City of Yelm Design Guidelines. 7. The civil engineering plans shall include a detailed landscape plan consistent with the preliminary landscape plan, to include water efficient plant species. If additional irrigation is proposed, it shall be consistent with the following water conservation requirements: • 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. -s- • 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. 8. Best Management Practices (BMP's) are required during construction. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells. 9. The civil engineering plans shall include a fire hydrant plan consistent with the Yelm Development Guidelines which includes the proposed location of all hydrants and service lines and fire flow calculations for all existing and proposed hydrants. 10. The civil engineering plans shall show 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. -9- DECISION: The request for a special use permit and site plan review to allow construction of a 5,300 square foot education and administration building on the site of the existing St. Columban Catholic Church at 506-1 St Street South, Yelm, is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 9th day of September, 2014. �^� / � EN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 9th day of September, 2014, to the following: APPLICANT/ St. Columban Catholic Church OWNER: 506-1St Street South Yelm, WA 98597 REPRESENTATIVE: Jim Wolch BCRA, Inc. 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 OTHERS: Father Paul Wechut Steven Slater, Fire Commissioner 506-1St Street South 17539-153rd Avenue S.E. Yelm, WA 98597 Yelm, WA 98597 CITY OF YELM -10- CASE NO.: 20140179 St. Columban Education Building 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: A. Erroneous procedures; B. Errors of law objected to at the public hearing by the person requesting reconsideration; C. Incomplete record; D. An error in interpreting the comprehensive plan or other relevant material; E. 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 September 23, 2014, (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. -12-