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105 Yelm Avenue West
P.O. Box 479
YELM TCN Yelm, Washrngton 98597
January 27, 2015
A Caring Place
Attn: Marvin Pratt, owner
4110 Pacific Avenue, #200
Forest Grove, OR 97116
RE: 20140275 Easthaven Villa Memory Care Neighborhood
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,
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E EN K. CAUSSEA , JR.
Hearing Examiner
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cc: Parties of Record
CITY OF YELM
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'The Cify of Yelm is an Equal Opportunity Provider
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OFFICE OF THE HEARING EXAMINER
CITY OF YELM
IREPORT AND DECISION
CASE NO.: 20140275 Easthaven Villa Memory Care Neighborhood
APPLICANT/ A Caring Place
OWNER: Attn: Marvin Pratt, owner
4110 Pacific Avenue, #200
Forest Grove, OR 97116
REPRESENTATIVE: RB Engineering
Attn: Bob Balmelli, PE
P.O. Box 923
Chehalis, WA 98532
SUMMARY OF REQUEST:
Special Use Permit, Site Plan Review, and Boundary Line Adjustment to allow construction
of a 23,066 square foot memory care facility that includes a 5,688 square foot courtyard, a
2,400 square foot garage, and associated parking. The property is located at 311 Cullens
Road NW, north of Yelm Avenue West, Tax Parcel Numbers 21724140600, 21724140900,
and 21724050200, in a portion of Section 24, Township 17 North, Range 1 East, W.M.
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 January 12, 2015, at 9:15 a.m.
Parties wishing to testify were sworn in by the Examiner.
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The following exhibits were submitted and made a part of the record as follows:
EXHIBIT "1" - Community Development Department Staff Report with
Attachments
EXHIBIT "2" - Letter from Minnie Ledington dated January 9, 2015
EXHIBIT "3" - Email from Aaron Manley dated January 2, 2015
TAMMI MERRIMAN appeared, presented the Community Development Department Staff
Report, and testified that the boundary line adjustment will move the property line such that
a vacant parcel will exist between the development and Killion Street. The entire site is
within the C-1 commercial zone and mixed use designation. A residential subdivision is to
the east. The City provided proper notice, and water connections are currently available
within the City. Improvements to both City streets abutting the parcel on the east and west
were accomplished previously. The project will have no impacts on the school district. The
City responsible official issued a DNS following SEPA review on November 26, 2014, and
received no appeals. The stormwater system will meet or exceed code criteria. The
applicant will retain and dispose of all stormwater onsite. The road that fronts the project
on the north will reduce to a commercial driveway from the parcel entrance to Killion Street.
She introduced recent public comments as Exhibits 2 and 3. Staff recommends approval
subject to conditions that include completion of the BLA. The applicant will construct a
sidewalk along the commercial access portion of the road.
MARVIN PRATT, CEO and managing member of the applicant, appeared and testified that
the current facility has 56 units with 12 memory care units. This project will add 37 memory
care units. They recognize the need for a security fence so that residents can enjoy the
outside area. They will not utilize a chain link fence but will install a black, ornamental, six
foot tall fence. He has no questions or concerns regarding conditions of approval.
ROBERT BALMELLI the applicant's engineer appeared and testified that he has no
questions regarding any of the requirements regarding facilities and services.
LAURA LASATER appeared and testified that she received the notice of application and
sent a letter to the City expressing concern about speeding vehicles in the area. Signage
on the road notes the speed concerns by advising of radar. She has heard vehicles
speeding in the evening and there is a lot of fast traffic in the overall area. She sees
people walking laps around the building and some of the time get onto her property. She
has helped them back to the facility. She hopes that the sidewalk and the width of the new
road will help keep activities safe. She is concerned that the new road will create traffic
and speed issues. She agrees with the project as she recognizes that we need more care
facilities for the elderly. The contractors may need to obtain another access as she needs
to get in and out of her driveway during construction.
MR. PRATT reappeared and testified that the new addition will provide additional walking
opportunities that will allow residents to walk in a loop. They will stay on the property.
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Construction vehicles will not block the road. They will address construction issues during
the construction period and will adhere to all City codes.
No one spoke further in this matter and so the Examiner took the request under
advisement and the hearing was concluded at 10:00 a.m.
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 of Yelm Responsible Official issued a Determination of Non-significance on
November 26, 2014, following review of the project pursuant to the State
Environmental Policy Act (SEPA). No appeals were filed.
3. Notice of this application was mailed to state and local agencies and property
owners within 300 feet of the project site on November 10, 2014. Said Notice was
also published on the City's website on the same date. Notice of the date 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 or before Friday, January 2, 2015. Notice of the date and time of the public
hearing was published in the Nisqually Valley News in the legal notice section on
Friday, January 2, 2014.
4. The applicant has a possessory ownership interest in three, irregular shaped,
abutting parcels of property that together contain 11.78 acres. Said parcels are
located between Killion Street on the west, Cullens Road on the east, and extend
south to SR-510. The western parcel abutting Killion Street presently contains 5.88
acres and remains unimproved. The middle parcel is improved with a medical office
building that abuts SR-510, and contains 2.97 acres. The eastern parcel abuts
Cullens Road, contains 2.93 acres, and is improved with the Easthaven Villa
Memory Care facility that provides 56 residential units for senior citizens and 12
memory care units. The applicant requests a special use permit to allow expansion
of the memory care facility.
5. The applicant proposes a boundary line adjustment (BLA) that would increase the
size of Lot 3 to 3.55 acres and reduce the sizes of Lots 1 and 2. The applicant also
requests a special use permit and site plan review approval to allow construction of
a 23,066 square foot, 37 unit, memory care facility that includes an internal, 5,688
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square foot courtyard, a 2,400 square foot garage, and associated parking. The site
plan shows the courtyard within the center of the new building and a walking path
connecting the two facilities. Following approval of the BLA, the eastern lot will
support both the existing and proposed senior/memory care improvements.
6. The site plan shows access provided via an existing, shared driveway from Cullens
Road on the east along the north property line of the site. A new, 22 foot wide,
commercial driveway will extend east from Killion Street and will connect to the
shared driveway. Two driveways extending south from said access will provide
access to both facilities.
7. All three parcels are located within the Commercial (C-1) zone classification of the
Yelm Municipal Code (YMC). Section 17.26.010 YMC provides that the purpose of
the C-1 classification is to provide locations for business centers that can serve the
needs of the community with a variety of uses. Section 17.26.040(B) YMC
authorizes all special uses in Chapter 17.66 YMC within the C-1 classification.
Section 17.66.020 YMC specifically sets forth said special uses and includes in
Subsection A(5):
Nursing homes, convalescent care facilities, congregate care facilities...
Thus, a memory care facility is authorized as a special use on the proposed site.
Furthermore, the City approved the present senior/memory care facility pursuant to
a special use permit issued in 1998. The City subsequently amended the permit in
2002 to allow 20, additional, assisted living units together with associated parking
and landscaping amenities. The City has received no complaints and has no issues
regarding the operation of the present facility.
8. Abutting uses to the north across the access drive include single-family residential
homes and a senior apartment housing unit all located within the Moderate Density
Residential (R-6) classification. Properties to the south that abut SR-510 are
located in the C-1 classification and are improved with a medical office building and
a single-family home. A vacant parcel to the west across Killion Street is within the
C-1 classification.
9. The City of Yelm will provide police protection, both domestic water and fire flow,
and sewer service to the proposed facility. The Yelm Fire District will provide both
fire protection and emergency medical service (EMS) to the site. The City has
sufficient sewer capacity and water connections to accommodate the project. The
proposed development will have no impact on the Yelm school system as it will not
house any school aged children.
10. In 2008 the Washington Department of Fish and Wildlife (DFW) listed the Mazama
Pocket Gopher as a threatened species. The City's Critical Areas Code addresses
the gopher in Chapter 14.08 YMC. When a project is proposed for an area
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potentially occupied by the gopher, the Community Development Department
requires preparation of a critical areas report that must include mitigating measures
if the project impacts gopher habitat. In the present case, as part of the SEPA
process the City reviewed soil maps, made a visual reconnaissance, and
determined that the property shows no evidence of any protected species habitat
including the gopher. Concerning additional critical areas, the entire City of Yelm is
identified as a critical aquifer recharge area and the project's stormwater system
must meet adopted stormwater regulations. In the present case the system will
meet or exceed the applicable 2012 Stormwater Management Manual for Western
Washington.
11. The development satisfies all bulk regulations of the C-1 classification as set forth in
YMC 17.26.060 and 070. The parcel greatly exceeds 5,000 square feet in area and
all buildings will meet yard setback widths of 15 feet from the front property line, 15
feet from the side property line, and 20 feet from the rear property line.
Furthermore, the proposed building will extend less than the maximum height of 40
feet above grade. The applicant will meet all requirements regarding screening and
location of refuse containers, parking, marked pedestrian access from parking areas
to principal uses, and sidewalks.
12. Section 17.66.100 YMC entitled "Action by Hearing Examiner" provides in part:
In reviewing a special use permit, the hearing examiner shall impose all
requirements for such use, as prescribed in this title and other conditions and
safeguards as are necessary to secure adequate protection forthe locality in
which the use is to be permitted....
Compliance with conditions of approval and requirements of the YMC and other
development standards will ensure adequate protection for the area.
13. The applicant must meet the requirements of Chapter 17.80 YMC that include
additional landscaping requirements for special uses in the C-1 classification that
abut residential zones. The applicant will provide an eight foot wide, perimeter,
planting area to provide visual separation of the project and will need to address
City irrigation restrictions prior to final approval. The applicant must also provide
adequate parking lot landscaping. The site plan shows the required, outdoor,
pedestrian area between the new and existing buildings. The site plan also shows
that the onsite parking spaces exceed the minimum parking requirements of YMC
17.72.030(D)(2). The building design shows compliance with design guidelines to
include horizontal building modulations with gabled roof and covered entry, hardi-
plank siding, window and corner trim, and a covered pedestrian entry. While the
garage provides roofline modulation and building articulation on the front, the
applicant will need to provide building architectural elements on the side and rear
walls.
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14. Concerning development standards, the applicant will need to extend the existing,
eight inch, water main across the property frontage to Killion Street in order to
provide a looped system for emergency service and fire flow. The applicant must
also provide properly sized S.T.E.P. tanks for the City's sewer system service. The
stormwater plan shows containment, treatment, and disposal of all stormwater
runoff on the site. The storm drainage plan shows bio-retention swales and
pervious parking stalls. The applicant must also enter into an agreement for
maintenance and repair of onsite facilities. The Yelm Transportation Plan includes
Project Y4A that will extend Coates Road between Killion Street and Cullens Road
in the future. A condition of approval requires the applicant to provide half street
improvements across the parcel frontage. Such improvements will include two, 11
foot wide, drive lanes, a seven foot wide planter strip, and a five foot wide sidewalk.
The City does not allow speed bumps on public streets as requested by a resident
of the area. However, the applicant will pay traffic facility charges.
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 and site plan
review approval satisfies all criteria set forth in the Yelm Municipal Code and
therefore said permits should issue subject to the following conditions:
1. Refuse containers shall be screened and of a material and design
compatible with the architectural theme of the buildings on the site, and at a
minimum, the enclosure shall be six feet in height. Refuse areas require
specific landscape elements designed to meet the Yelm Design Guidelines.
2. A detailed landscape plan consistent with the preliminary landscape plan
shall be prepared, to include water efficient plant species.
3. Civil construction plans shall include adequate detail of proposed fencing to
meet the Yelm Design Guidelines.
4. If the landscape plan includes irrigation, it shall be include the following water
conservation requirements:
a. 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.
b. 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.
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c. 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.
d. Specify drip irrigation for all zones planted in one-gallon or larger size.
e. Specify weather-based irrigation controllers (WBIC).
f. Specify check valves wherever necessary to prevent low-head
drainage.
5. The proposed garage exterior walls shall be architecturally enhanced to meet
the standards of the Yelm Design Guidelines.
6. The 8 inch water main connection at Cullens Road shall be extended and
connected to the water main in Killion Street, to provide a looped system.
Connection to this main is required. An engineers estimate ofwater usage is
required as part of civil plan review
7. A reduced pressure backflow assembly consistent with Section 246-290-490
Washington Administrative Code shall be installed at the water meter serving
the property.
8. 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. S.T.E.P. tanks
shall be no larger than 6,000 gallons. Sewer connection fees are based on
water usage calculations.
9. Frontage improvements are required. The south half of the Coates Road
extension is required to be constructed along the parcel frontage, to include
half-street improvements on the south side with a minimum 11 foot drive lane
on the north. Connection from the new frontage improvement to Killion
Street shall be made with a commercial driveway.
10. 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.
11. 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.
12. Best Management Practices (BMP's) are required during construction. All
roof drain runoff shall be infiltrated on each lot utilizing individual drywells.
13. A final stormwater site plan meeting the minimum requirements of the 2012
Stormwater Manual for Western Washington shall be prepared.
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14. Civil plans, including the plans and details required by this approval, shall be
reviewed and approved by the City and shall be fully implemented by the
applicant.
15. The applicant shall complete the boundary line adjustment.
DECISION:
The request for a special use permit and site plan review approval to allow construction of
a 23,066 square foot, memory care facility including a centrally located 5,688 square foot
courtyard, a 2,400 square foot garage, and associated parking spaces at a site located at
311 Cullens Road N.W. is hereby granted subject to the conditions contained in the
conctusions above.
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ORDERED this 27th day of January, 2015.
S P EN K. CAUSSEA , JR.
Hearing Examiner
TRANSMITTED this 27th day of January, 2015, to the following:
APPLICANT/ A Caring Place
OWNER: Attn: Marvin Pratt, owner
4110 Pacific Avenue, #200
Forest Grove, OR 97116
REPRESENTATIVE: RB Engineering
Attn: Bob Balmelli, PE
P.O. Box 923
Chehalis, WA 98532
OTHERS:
Laura Lasater
P.O. Box 1785
Yelm, WA 98597
CITY OF YELM
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CASE NO.: 20140275 Easthaven Villa Memory Care Neighborhood
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; or
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 February 10, 2015, (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.
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