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Hearing Examiner Decision (2) March 18, 2003 Mountain West Investment Corporation 245 Commercial Street SE, Suite 200 Salem, OR 97301 RE: ROSEMONT RETIREMENT AND ASSISSTED LIVING FACILITY CUP-02-8328-YL 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, STEPHEN K. CAUSSEAUX, JR. Hearing Examiner SKC/ca cc: Parties of Record CITY OF YELM OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: ROSEMONT RETIREMENT AND ASSISTED LIVING FACILITY, CUP-02-8328-YL APPLICANT: Mountain West Investment Corporation 245 Commercial Street SE Suite 200 Salem, OR 97301 SUMMARY OF REQUEST: The applicant is requesting approval of a special use permit to construct a 71,000 square foot, 87-unit retirement and assisted living facility within the city limits of Yelm. SUMMARY OF DECISION: Request granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Land Services 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 March 3, 2003, 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" - Department of Community Development Staff Report TAMI MERRIMAN appeared, presented the Community Development Staff Report, and testified that the City deemed the application complete on November 25, 2002. Proper notice was given and the environmental official issued a DNS on December 30, 2002. The site is located within a commercial zone which requires a conditional use permit for a nursing home. The parcel far exceeds the minimum 5,000 square foot lot size. A residential use exists to the north and requires a 15 foot wide dense landscape screen. The applicant will improve Killion Road which the City has designated a pedestrian oriented road. Public water and sewer serves the site and the storm drainage system will include on-site retention. Staff has approved the landscape plan and recommends approval of the project subject to conditions. Appearing was SUZANNE OWENS who testified that Mountain West Investment is a real estate development company and is proposing its 18th project. They propose both assisted living and retirement living, and their market studies show that the Yelm area needs both services. They anticipate 20% of eligible residents in the Yelm area will use their services. They also considered the expansion of the other facility in the area. They accept both private pay and Medicaid residents and provide both independent, retired, living quarters and assisted care. Appearing was CRAIG STEEPY, professional engineer, who has read the staff report and agrees with all conditions. No one spoke further in this matter and the Examiner took the matter under advisement. NOTE: A complete record of this hearing is available in the office of Pierce County Planning and Land Services. FINDINGS, CONCLUSIONS AND DECISION: FINDINGS: The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. Notice of this application was mailed to state and local agencies, and property owners within 300 feet of the project site on November 25, 2002. Public Notice of the date and time of public hearing was posted on the project site, mailed to property owners within 300 feet of the project site on February 18, 2003, and advertised in the local newspaper on February 21, 2003. 3. The City has performed an environmental review, and issued a Determination of Nonsignificance on December 30, 2002, with a comment deadline of January 13, 2003, and an appeal deadline of January 20, 2003. 4. The applicant has a possessory ownership interest in a rectangular, unimproved, 2.7 acre parcel of property abutting the west side of Killion Road within the City of Yelm. The parcel abuts Killion Road for 365 linear feet and measures 332 feet in depth. The applicant requests a conditional use permit to allow improvement of the site with a combination retirement and assisted living facility. 5. The site is located within the Commercial zone (C1) of the Yelm Municipal Code (YMC). The purpose of the C1 classification as set forth in Section 17.26.010 YMC is to provide for the location of businesses which serve the needs of the community. The bulk regulations of the C1 classification include a minimum lot size of 5,000 square feet, a side yard setback of ten feet, rear yard setback of 20 feet, front yard setback of 15 feet, and maximum building height of 40 feet. Chapter 17.66 YMC addresses special uses which because of their unique characteristics are not limited to or automatically included in specific zoning classifications. Section 17.66.020 YMC sets forth a list of special uses permitted in all zone classifications subject to reasonable conditions imposed by the City. Subsection A(5) identifies nursing homes, convalescent care facilities, and congregate care facilities as a special use. The applicant has therefore properly applied for a special use permit. 6. Parcels abutting the south, east, and west property lines are also located within the C1 classification, but the parcel abutting the north property line is located in the R14 (Residential) zone classification and improved with an apartment complex. The applicant must therefore provide a 15 foot wide, Type 1, dense, landscape buffer along said property line. The conceptual landscape plan shows such screen. 7. The site plan shows a service access along the south property line and a main access into the parking lot at the north end of the site, a looped parking lot system, and a drive through entrance to the building. The building plan shows the congregate living area in the portion of the building nearest Killion Road with common areas, dining room, and kitchen facilities located in the central area. The western portion of the building contains the assisted living corridors. Trails and sidewalks loop through and around the developed area. The site plan shows storm water detained on site in underground water detention vaults near the north and south property lines. 8. The site plan shows a three story, “T” shaped structure extending west from Killion Road. The rear or western portion of the building will house 62 to 63 assisted living units and the eastern portion of the structure near Killion Road will house 24 congregate living units. Separating the two types of living units are the common areas, entry, dining, activity, and living areas. Structural setbacks include 27 feet from Killion Road, 91 feet from the south property line, 25 feet from the west property line, and 67 feet from the north property line. The site plan shows a covered area at the building entry near the center of the north side. 9. As previously found, the parcel abuts the west side of Killion Road north of its intersection with Yelm Avenue for 365 feet. The City’s 2001 Comprehensive Transportation Plan Update provides methods for financing transportation projects and includes a policy that “requires impact mitigation payments, or seek voluntary contributions from developers”. The City’s Concurrency Management Ordinance also requires mitigation of impacts to the City’s transportation system by requiring projects to make contributions to facilities identified in the off-site comprehensive transportation plan in the form of a transportation facility charge. The ordinance lists the number of new p.m. peaks generated by a congregate care/assisted living facility as .17 trips per dwelling unit and the transportation facility charge amounts to $750.00 per new p.m. peak trip. Conditions of approval require the payment of $11,092.50 to offset the transportation impacts generated by the development to the City road system, conditions also require on-site and frontage improvements along Killion Road consistent with the City development guidelines for a “pedestrian oriented street”. 10. Section 17.72.030(C) YMC sets forth minimum parking requirements for residential units which include housing intended for the exclusive use of senior citizens. Said section requires the provision of one parking stall for every three dwelling units plus two-tenths parking stall per dwelling unit in buildings containing five or more dwelling units. The code requires a total of 47 parking stalls for the 87 unit proposal. However, the applicant will provide a transportation van for the residents and Section 17.72.090 YMC authorizes a 25% reduction in parking stalls when an owner operates a private vanpool. Such allows a reduction in the number of parking spaces to 36. The site plan shows 46 parking stalls and the applicant therefore provides more stalls then required. 11. The site is located within the City’s water service area, but is not presently connected. The applicant must install a ten inch water main from Yelm Avenue West and extend said main along the entire Killion Road frontage per City of Yelm Development Guidelines and Water Comprehensive Plan. The applicant must also connect the site to the City water system. 12. While within the City sewer service area the site is not currently connected to the City sewer system. The applicant must extend a sewer main from Yelm Avenue West to the project site and along the entire frontage of the Killion Road property. The applicant must also connect the project to the City sewer system. Construction of the building, associated parking, and other impervious surfaces will increase storm water runoff. Conditions of approval require the storm water control system to meet all City Development and Design Guidelines to include best management practices during and post construction. The applicant presently proposes to retain storm water runoff on site in underground water detention vaults. 14. The applicant must construct the buildings in accordance with the requirements of the Uniform Fire Code, and provide fire protection in the nature of fire hydrants, fire lanes, or sprinkler systems. 15. The applicant must satisfy the landscaping and screening requirements set forth in Chapter 17.80 YMC. Said chapter requires a 15 foot wide, Type 1 buffer along the north property line to provide protection for the abutting, multi-family, residential use. Landscaping requirements also include an eight foot wide, Type 2, landscaping screen along the west property line; and a five foot wide, Type 2, landscaping screen around the buildings. The applicant must also install Type 3 landscaping as part of the frontage improvements and along the service road adjacent to the south property line; Type 4 landscaping in parking areas; and Type 5 landscaping in storm water retention facilities. The applicant must enclose outdoor refuse collection points within a six foot high, solid board fence or masonry wall. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. Section 17.66.060 YMC authorizes the Examiner to grant a special permit following a public hearing and review of all testimony and evidence submitted therein. Section 17.66.100 YMC requires the Examiner to impose conditions and safeguards as are necessary to secure adequate protection for the affected locality and to establish a time limit in which the project must be started and completed. 3. The proposed Rosemont Retirement and Assisted Living Facility satisfies all criteria set forth in the YMC for “nursing homes, convalescent care, congregate care facilities” as well as all standards for special use permits. Therefore, the special use permit should be granted subject to the following conditions: 1. The applicant shall mitigate transportation impacts based on the new p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on .17 new peak hour trips per dwelling. The applicant will be responsible for a TFC of $11,092.50, which is payable at time of building permit issuance. 2. The applicant shall make on-site and frontage improvements consistent with City standards. Improvements for Killion Road shall be consistent with the City of Yelm Development Guidelines for a “Pedestrian Oriented Street”. 3. The service entrance road on the south of the property shall provide for a 5’ planter strip, and 5’foot sidewalk on the northern side of the road. This planter strip shall be planted with street trees, and the sidewalk consistent with the City of Yelm Development Guidelines. 4. The applicant shall provide for a minimum of 36 parking stalls. 5. The applicant shall provide for handicap parking stalls as required by ADA. 6. Parking areas shall be landscaped consistent with Chapter 17.80, Landscaping, and City of Yelm Development and Design Guidelines. 7. The applicant shall connect to the City water system. Water ERU’s are based on a consumption rate of 240 gallons per day and are charged a current rate of $1,500 (fee subject to change) inside City limits. The number of ERU’s required for this project shall be determined by calculations provided by the applicant, and approved by the Community Development Department. 8. Water connection fees shall be paid at building permit issuance. 9. The applicant must connect to the City sewer system. Sewer ERU’s are based on the on the water calculations provided by the applicant, and reviewed and approved by the Community Development Department. ERU’s are based on a discharge of 240 gallons per day. The current rate for one ERU is $5,125.00 (fee subject to change). 10. Sewer connection fees are payable at building permit issuance. 11. The applicant shall design and construct all stormwater facilities in accordance with the DOE Manual, as adopted by the City of Yelm. Best Management Practices are required during and post construction. 12. Stormwater areas shall be landscaped consistent with Chapter 17.80, Landscaping, and City of Yelm Development and Design Guidelines. 13. The applicant shall submit a final stormwater report with civil plan application. 14. The applicant shall submit a stormwater maintenance plan with civil plan application. 15. The applicant shall provide a blanket easement for maintenance of all utilities deeded to the City, and access to the stormwater facility. 16. The applicant shall provide for a 15’ dense “Type I” landscape buffer along the northern property line, adjacent to the residential use. 17. An 8-foot, Type II landscaping is required along the West property line. A 5-foot Type II landscaping is required around the buildings. 18. Type III landscaping is required as part of the frontage improvements, and also along the service road on the southern property line. 19. Type IV landscaping is required in parking areas. 20. Type V landscaping is required in stormwater retention facilities. 21. The applicant shall submit a final landscape and irrigation plan, pursuant to Chapter 17.80, to the Community Development Department for review and approval. 22. Completed landscaping shall be approved by the Community Development Department prior to building occupancy. 23. Refuse container screening shall be required, and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six feet high. 24. No refuse container shall be permitted between a street and the front of a building. 25. Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. 26. The applicant shall commence construction of the project within three years of the effective date of the decision and shall complete construction within five years of the effective date of this decision; provided, however, that the applicant may request one year time extensions. DECISION: The request for a special use permit to authorize the Rosemont Retirement and Assisted Living Facility consisting of 62 to 63 assisted living units and 24 congregate living units in a three story structure at a site located on the west side of Killion Road north of Yelm Avenue is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 18th day of March, 2003. ____________________________________ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 18th day of March, 2003, to the following: APPLICANT: Mountain West Investment Corporation 245 Commercial Street SE Suite 200 Salem, OR 97301 OTHERS: City of Yelm, 105 Yelm Avenue W., P.O. Box 479, Yelm, WA 98597 CASE NO: ROSEMONT RETIREMENT AND ASSISTED LIVING FACILITY CUP-02-8328-YL 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: Erroneous procedures; Errors of law objected to at the public hearing by the person requesting reconsideration; Incomplete record; An error in interpreting the comprehensive plan or other relevant material; or 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 April 1, 2003 (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.