20070404 HE Staff Report Binding Site Plan W
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
Propo
sal
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]
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.
Sewer
Concurrency with sewer infrastructure is achieved pursuant to Section 18.16.050 (B)(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
(B)(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(B) 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.
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
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
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:
Civil construction plans shall be provided at development of the future commercial
area.
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.
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.
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.
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:
Ba
sed 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