20070404 HE Staff Report Binding Site Plan0 I sN
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STAFF REPORT
City of Yelm
Community Development Department
Case Number: 20070404 Yelm Creek Mixed Use Binding Site Plan
Applicant: Yelm Creek Bldg, LLC
240 Stadium Way S
Tacoma, WA 98402
Agent: Sound Engineering, Inc
Tim Holderman
5007 Pacific Highway E, Suite 7
Fife, WA 98424
Request: Subdivide approximately 11.04 acres into 3 parcels with joint access
areas.
Public Hearing Date: June 13, 2016
Recommendation: Denial
Proposal
The proposal is to subdivide approximately 11.04 acres into 3 parcels through the binding site
plan process. The applicant received site plan approval for the construction of 164 apartments
with approximately 55,000 square feet of commercial space, which included additional
commercial property to the south. The apartments are constructed, and two commercial pads
are building ready. The property to the south was included in acreage to calculate the allowed
residential ratio of a mixed use development. This property to the south has an existing
furniture store, and a newly constructed mixed use building of approximately 7,500 square feet.
Property Characteristics
The property is located at 10520 Creek Street and is identified by Assessor's Tax Parcel Number
64303400400. The property is zoned Heavy Commercial (C -2).
Adjacent Land Uses and Zoning
The subject parcel is bordered to the north, south and west by established commercial uses.
The east property line is encumbered by Yelm Creek, and contains a riparian habitat buffer and
associated flood zone. At the time of site plan review, Yelm Creek was listed as a shoreline of
the state, and received a substantial development permit approval to construct within 200 feet
of the shoreline.
The land division, as conditioned, meets City of Yelm development requirements, and is a
compatible use with surrounding properties.
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 March 31, 2016. The notice of Application was advertised in the
Nisqually Valley News on April 8, 2016.
Comment was received from a citizen concerned about the safety of one access. There is an
additional access to the south that will be completed as part of commercial development there,
and there are two accesses on Creek Street serving the site.
Notice of the date and time of the public hearing before the Hearing Examiner was posted on
the project site, mailed to the owners of property within 300 feet of the project site, and to any
person that commented on the subdivision on May 23, 2016.
Notice of the date and time of the public hearing was published in the Nisqually Valley News in
the legal notice section on May 27, 2016.
Concurrency
The intent of the City's concurrency management program, as required by the Growth
Management Act, is based on the maintenance of specified levels of service through capacity
monitoring, allocation and reservation procedures.
Concurrency describes the situation in which water, sewer and /or transportation facilities are
available when the impacts of development occur. [Section 18.16.020 YMC]
Water
The level of service for water infrastructure is the ability to provide potable water to the
consumer for use and fire protection in accordance with adopted health and environmental
regulations. [Section 18.16.030 YMC]
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Concurrency for subdivisions is met when, at the time of preliminary approval, the planned
infrastructure identified in the six -year improvement program and water rights are present or
are in an approved and funded plan to assure availability in a time to meet the needs of the
proposed development.
The State Subdivision Act, Chapter 58.17 RCW, requires that the City of Yelm make a written
determination that appropriate provisions are made for potable water supplies as part of the
preliminary land division process.
As of April 30, 2016, the City has 439 water connections available for new development. These
connections will provide for 2 to 3 years worth of growth at historical rates. This connection
limit is based on storage capacity and available water rights.
The City has been planning since 1994 for the acquisition of new water rights, which were
approved by the Washington State Department of Ecology in 2010. This approval was appealed
and was upheld by the Pollution Control Hearings Board and by Superior Court, but was
overturned by the Washington Supreme Court on October 8, 2015.
While the City expects to re -apply for additional water rights after addressing the legal
shortcomings of the previous application, it has not yet made application with the Department
of Ecology, and has no indication from Ecology how long it might be to process a new
application.
A preliminary subdivision is valid for 5 years of the date of approval. [Section 58.17.140 RCW]
Usually once preliminary subdivision approval is granted, civil plans are prepared, approved,
and the construction, inspection, and approval of required improvements such as streets,
sidewalks, water and sewer mains, and stormwater facilities are completed. A final subdivision
is then submitted for approval by the local legislative authority. In this instance, the
infrastructure is complete and approved, with the exception of sewer service appurtenances for
the commercial building pads. After final subdivision approval, the commercial pads may be
leased or sold. There are no site plan review applications pending, and may not be for an
undetermined length of time.
At this time, with a limited number of water connections and no application pending for
additional water rights, it is not possible to find that water will be reasonably available at the
time it is needed for the new commercial construction, if the preliminary subdivision was
approved at this time.
Concurrency for water infrastructure cannot be met at this time for a preliminary subdivision,
although this will change with more clarity about the process and timing for acquiring
additional water rights.
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Sewer
Concurrency with sewer infrastructure is achieved pursuant to Section 18.16.050 (13)(2) YMC
when the project is within an area approved for sewer pursuant to the adopted sewer
comprehensive plan for the city and, at the time of preliminary approval, the planned
infrastructure identified in the six year improvement program of the sewer system plan are
sufficient to provide for the proposed land division and it is reasonable anticipated that the
treatment plant has sufficient capacity to provide for the proposed land division.
The City's Sewer Comprehensive Plan identifies the property as being within the sewer service
area and the apartments are currently connected to the City's STEP sewer system. There is a
sewer main located in the parking area of the future commercial development for connection.
The improvements required to serve future development will be specifically identified during
civil plan review. This satisfies the requirement for concurrency with sewer infrastructure.
Transportation
Concurrency with transportation infrastructure is achieved pursuant to Section 18.16.050 (13)(2)
YMC when the level of service at concurrency intersections will not drop below accepted levels
of service due to new trips associated with the proposed land division unless the planned
improvements identified in the six year transportation improvement program would maintain
levels of service.
Frontage improvements for Creek Street are complete. Internal streets drive lanes and parking
areas are complete. Traffic Facility Charges were paid for the residential units and will be
applied at the time of building permit issuance for the future commercial development. These
conditions satisfy the requirement for concurrency with transportation infrastructure.
Fire Protection
Concurrency with fire protection is achieved pursuant to Section 18.16.090(C) 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.
School
Concurrency with school infrastructure is achieved pursuant to Section 18.16.090(6) 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.
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A mitigation agreement between the applicant and the school district was recorded and paid at
the time of building permit issuance.
State Environmental Policy Act
The City of Yelm Responsible Official issued a Mitigated Determination of Nonsignificance for
the project on March 4, 2008. The mitigation required the payment of transportation facility
charges, specific improvements to Creek Street, high ground water reports and the removal of
septic and exempt wells onsite.
Critical Areas
The site plan approval for the project issued in July 2008 included conditions of approval that
met the Yelm Critical Areas Code and provides protection for wetlands, critical aquifer recharge
areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat
areas.
Lots Size and Setbacks
The site plan review approval determined the setbacks for development. All permitted
structures and future building pads meet required setbacks.
Development Standards
Transportation and Site Access
The City of Yelm Development Guidelines and the concurrency requirements of Chapter 18.16
YMC require all new subdivisions to improve street frontages to current City standards. Creek
Street and internal streets are constructed to current City standards. Transportation Facility
Charges for the residential buildings were paid at the time of building permit issuance.
Transportation Facility Charges for future commercial development will be paid at the time of
building permit issuance.
Parking
Required parking was reviewed and approved during site plan review. Parking for the
apartments is complete and temporary parking has been provided in the commercial area.
Mailboxes
Mailboxes for residential development have been installed and approved. Mailboxes for the
future commercial development shall be cluster box units (CBU). Placement of CBU mailboxes
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shall be placed in a location that does not interfere with individual driveway access, or
pedestrian pathways.
Water System
The site is located within the water service area as identified in the Yelm Water System Plan,
and the existing apartment homes are currently connected to the City's water system. Water
mains have been installed for service to future commercial development and for fire flow.
Sewer System
The site is located within the sewer service area as identified in the Sewer Comprehensive Plan,
and the existing apartment homes are currently connected to the City's sewer system. Sewer
mains have been installed for service to future commercial development and for fire flow.
Stormwater
The stormwater system for the entire site has been installed and approved. An agreement to
maintain the stormwater system has been recorded with the County.
Open Space
The project has provided open space by dedicating the riparian habitat buffer as open space, as
well as providing a club house and swimming pool.
Landscaping
The landscaping for the project is complete. Additional landscape may be required for the
future commercial development area.
Subdivision Name and Addressing
A subdivision name must be reserved with the Thurston County Auditor's Office prior to
submitting for final subdivision approval. Addressing is complete.
Staff Recommendation
Section 18.14.050 YMC requires written findings prior to a decision on a preliminary
subdivision.
The applicant has not established that the proposed subdivision adequately provides for the
public health, safety and general welfare and for such open spaces, drainage ways, streets,
sanitary wastes, parks and recreation, schools, sidewalks, and, that the public use and interest
will be served by the subdivision of the property, as it is not possible to be reasonably certain
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that potable water will be available at the time homes would be constructed on the proposed
lots.
The Community Development Department recommends that the subdivision be denied until
such time as concurrency for water infrastructure can be established.
Should the Examiner determine that concurrency for water infrastructure is met, the following
conditions are appropriate to ensure consistency with the Comprehensive Plan, Unified
Development Code, and Development Guidelines:
1. Civil construction plans shall be provided at development of the future commercial area.
2. The applicant shall mitigate transportation impacts based on the new P.M. peak hour
trips generated by the future commercial development. The Transportation Facility
Charge (TFC) fee is subject to change. Actual costs shall be determined at building
permit issuance.
3. Connection to the water system will be required at the time of future commercial
development. The connection fee and meter fee will be established at the time of
building permit issuance.
4. Connection to the sewer system will be required at the time of future commercial
development. The connection fee and inspection fee will be established at the time of
building permit issuance.
5. Prior to the submission of final plat application, a subdivision name must be reserved
with the Thurston County Auditor's Office.
8. The applicant shall provide a performance assurance device in order to provide for
maintenance of the required landscaping until the homeowners' association becomes
responsible for landscaping maintenance. The performance assurance device shall be
150 percent of the anticipated cost to maintain the landscaping for three years.
Conclusion:
Based on the Analysis and Conditions of Approval above, staff recommends the subdivision be
denied. If the Hearing Examiner determines concurrency with water infrastructure, staff
recommends that the Hearing Examiner approve binding site plan 20070404 as conditioned
above.
Attachments:
Preliminary Subdivision Map
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