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Project Rev & CorrespondenceAugust 31, 2004 Dan Lee SCA Consulting Group 4200 Sixth Ave SE Suite 301 Lacey, WA 98503 Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Re: Landscape Plan for Yelm Terra SUB-03-8353-YL Dear Mr. Lee: I have reviewed the landscape plans for Yelm Terra and have the following comments. Irrigation can be accomplished in two ways. Landscaping that is within 75' of a hose bib, and an actual irrigation system. For this plat, I would suggest that you not irrigate the interior streets in front of homes, as the homeowner can maintain the planter strip. With the amount of trees that are required to be planted in the stormwater facilities, an irrigation system is required. This would include the open space areas as well as the street planter strips that front these spaces. These areas do not fall into the 75' hose bib rule. The plan reflects street trees at 35' on center, which is what code requires, however, many of the trees on the plan are shown to be planted over the top of water and/or sewer lines. Placement of the trees should be no closer than 5' from a water or sewer line. It becomes a challenge to fit the trees, driveways, and water/sewer lines along the interior streets. Many of the street trees on the interior streets should not be planted as shown or shifted to avoid root conflicts. Care should be taken during the tree planting in the waterline easement area. It is very important not to plant trees over the waterlines as shown on this plan. (360) 458-3835 (360) 458-3144 FAX rataw.ciyelm.ua.ua I would also suggest that you plant the large street trees (tulip trees and locust) in the open space areas, and not in the planter strips. The large street trees are intended for larger planting strips. If you traded the large deciduous trees in the planter strips with the deciduous trees called out in the open space area, this would reduce root/sidewalk conflicts. Please show existing and proposed perimeter fencing on your landscape plan. The open space components are great, however you must show the amount of sq. ft. of each open space being provided. If you have any questions, please feel free to give me a call. I can be reached at (360) 458-8496. Sincerely, ,~ Tami Merriman Assistant Planner August 31, 2004 Page 2 of 2 ~„~.. ..t .~- ... ~ '-y. O ~;°~`. ~ ~t . . OOsr l~-• THURSTON COUNTY KIM WYMAN s~N~E ,g5z AUDITOR ~T~ ~~~ ~~~ '~~~~~~o~ C~~~T~~~~C~T' Issued to: City of Yelm Community Development Dept. ATTN: Tami Merri~an P.O. Box 479 Yelm, WA 98597 Date: August 17, 2004 The Plat name, YELM TERRA, has been reserved for future use by City of Yelm. I certify that I have checked the rec 'rds of previously issued and reserved map names. The requeste name has not been previously used in Thurston County or is it currently reserved by any party. ' This reservation will expire on Augu~t 17, 2005, one year from issuance. It may be renewed one ye~r at a time. If the plat/map has not been recorded or the reservaltion renewed by the above date, it will be deleted. Terra Howell Assistant Recording Manager 2 - 000 Lakendge Drive SW, Olympia, Washmg~on 98502-6090 (360) 786 5224 Re~y~lea Paper - ss FAX (360) 786-5223 ~-mail auditor@co.thurston.wa.us THURSTON COUNTY SINCE 1852 KIM WYMAN AUDITOR Issued to: City of Yelm Community Develc ATTN: Tami Merril P.O. Box 479 Yelm, WA 98597 0~1 C~~~T1~~~C'T~ ment Dept. an Date: August 17, 2004 The Plat name, CHERRY MEADO future use by City of Yelm. has been reserved for I certify that I have checked the rec rds of previously issued and reserved map names. The requeste name has not been previously used in Thurston County or is it currently reserved by any party. This reservation will expire on Augu: issuance. It may be renewed one ye has not been recorded or the reserve date, it will be deleted. t 17, 2005, one year from ~r at a time. If the plat/map :ion renewed by the above ~`~hru~ Terra Howell Assistant Recording Manager 2000 Lakeridge Drive SW, Olympia, W ~~33 FAX (360) 786-5223 98502-6090 /360 786-522 4 Recycled Pape ail auditor@co.thurston.wa.us THURSTON COUNTY SINCE 1852 KIM WYMAN AUDITOR ~~"~T ~,~~ ~~JL. ~~~~11~~0~~ C~~~T~~~CAT~ Issued to: Roberta Allen c/o City of Yelm Community Development Dept. P.O. Box 479 Yelm, WA 98597 Date: August 17, 2004 The Plat name, BUCKHORN ESTATES, has been reserved for future use by City of Yelm. I certify that I have checked the records of previously issued and reserved map names. The requested name has not been previously used in Thurston County nor is it currently reserved by any party. This reservation will expire on August 17, 2005, one year from issuance. It may be renewed one year at a time. If the plat/map has not been recorded or the reservation renewed by the above date, it will be deleted. ,~ Terra Howell Assistant Recording Manager 2000 Lakerid e Drive SW Ol m is Washin ton 98502-6090 360 786-522 g y p g ~ ~ 4 Recycled Papcr ~~sa FAX (360) 786-5223 E-mail auditor®co.thurston.wa.us o~~fT"F~' City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 YELM Yelm, WA 98597 wash V+cTOr~ August 16, 2004 Mr. Jackson 15731 105th Ave. SE Yelm, WA 985697 Dear Mr. Jackson: I was asked to write to you, to respond to the concerns you shared with the City Council, regarding the Yelm Terra Subdivision project. I will try to address the concerns in the order that you presented them to the Council. In regards to having traffic flaggers at the site, they are only required when a road is actively under construction. At this time, 105th is not under active construction. When equipment begins working on the roadway again, traffic flaggers will be required to route traffic safely through the work zone. When paving of 105th begins, there will be flaggers on site to direct traffic, as the street will have one lane closed at a time for surfacing. This has been arranged with Lakeside, the company that will be doing the paving. Stockpiles on site are required to be covered when the pile is composed of loose material that could be blown away or produce potential erosion in a heavy rain. The potential erosion prone materials have been covered with plastic. The other piles on the site are mostly screened rock and gravel. The screened rock and gravel is not required to be covered. The drop off of pavement from Clark Road and 105th was brought to the attention of the contractor on July 29, 2004. It did take longer than anticipated to repair but was completed on the morning of August 11, 2004. City staff has made a point to drive by the site numerous times a day, and has found that the water truck has been on-site and watering at the times that we check. We will continue to check the site regularly to make sure that watering is occurring. Your request for the paving of the Baker Hill driveway has been forwarded to the Public Works Department, and you should receive a response shortly. (360) 458-3835 (360) 458-3144 FAX mmm.ci.yelm.mc.ua The Community Development Department has tried very hard to work with the adjacent property owners during this development process. We do our best to respond to any concerns that are brought to our attention as quickly as possible. I have included our business cards with our direct phone numbers and email addresses. Please call with any questions that you may have regarding these issues, and also if you feel that the contractor is not following procedures. The sooner that we hear of problems or issues, the faster we can try to get them resolved. I hope that this letter addresses your concems. If you have any questions, please do not hesitate to give us a call. Sincerely, Tami Merriman Assistant Planner cc: Adam Rivas, Mayor and City Council Members Shelly Badger, City Administrator Community Development Department August 16, 2004 Page 2 of 2 l~.~essage Page 1 of 2 Tami Merriman From: Shelly Badger Sent: Thursday, August 12, 2004 12:53 PM To: Tami Merriman Cc: Grant Beck Subject: RE: Response to Mr. Jackson Tami, could you put this info into a letter format to Mr. Jackson (15731 105th Way SE from his sign-in card, however, not sure if this is his mailing address). Of course include the please "call with any problems" language as I do believe we have responded to issues as we have become aware of them and we want to encourage the property owners to call the departments in charge vs. always calling Adam or coming to CC mtgs. It allows us to do ourjobs in a more proactive vs. reactive manner! In the letter, please copy me, Adam and City Council members (typically we do not cc CC members on day to day activity, but because he came before CC it let's them know the end of the story). As far as the weekend work issue, the last letter I was cc'd from Grant dated 8-2-04 said no weekend work. As long as Jim confirms that is still the case, could one of you connect with Todd and ask that YPD check for us on the weekend to ensure that they are following that part of the letter. Not sure if Grant was able to do that before he left, but let's make sure. Todd is running a summer camp of the PD this week, so the best way to reach him is on his cell phone. I did mention it to him last Hite, so he will not be surprised. Thanks! Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Tami Merriman Sent: Thursday, August 12, 2004 8:57 AM To: Shelly Badger Subject: Response to Mr. Jackson 1. Dirt piles not covered: The contractor is required to cover dirt piles, that have loose dirt or dust particles that may fly. They have covered the dirt pile on-site. The other piles on-site are screened material, that is mostly rock and gravel, and are not required to be covered. 2. Flaggers: Flaggers are required when the road is closed. At this point in time, the road is not closed, therefore flaggers are not required. When they start paving the road, flaggers will be on site. This has already been discussed and arranged with Lakeside when the paving begins. 3. The drop off from pavement on Clark Road to 105th has already been fixed. It was brought to the attention of the contractor on July 29. It did take longer than we would have liked to be fixed, however it has already been fixed. 4. Watering: City staff drives by the site many times a day. After the contractor was asked some time ago to keep watering, they have been watering each time staff has gone by. So much so that there are mud puddles on the road. As a side note, there was a time that the contractors were not to be working on the weekends, and Grant said that 8/ 12/2004 Message Page 2 of 2 he would ask the police to check on this. I do not know for sure if this contact was ever made or not. I hope this addresses all of Mr. Jackson's concerns. We have encouraged the neighboring property owners to contact our department with concerns, and when they have, we have immediately contacted the contractor to address the situation. Thanks Tami 8/12/2004 City of Yelm ~~ \~ YELM WASIi1NCTON June 25, 2004 Steve Chamberlain SCA Consulting Group 4200 Sixth Ave SE Suite 301 Lacey, WA 98503 Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Re: Yelm Terra SUB-03-8353-YL Dear Mr. Chamberlain: The Community Development Department has reviewed your request to use a small rock-crushing machine to process crushed rock material, at the site of the Yelm Terra Subdivision. Based on your letter stating that the. equipment will be in operation approximately two weeks in duration, normal working hours of 8:00 AM - 5:00 PM, weekdays only, the City finds that there is no additional impact, and approves the rock-crushing machine for use as stated above. If you have any further questions, please feel free to call me at (360) 458-8496. Sincerely, Tami Merrima Assistant Planner cc: SPR Committee (360) 1.58-3835 {360) 4;8 3141 FAX wruw.ci.yelm.wa.us ~ rri n ii---'--._..... - ---~'-~-- __ __ --~ ~~ 111 !II lla ',I I{ -_ -- --- ;; 4200 Sixth Ave SE, Suite 301 May 24, 2004 Lacey, WA 98503 (360) 493-6002 Grant Beck (360) 493-2476 Fax Community Development Department sca@scaconsultinggroup.com 105 Yelm Avenue W www.thescagroup.com Ylem, WA 98597 RE: YELM TERRA SCA #03008 Dear Grant: We are responding to a fax memo from Jim Gibson regarding our request to process on site. native material for street construction. Jim indicated we may need to elevate potential impacts and modify SEPA prior to us proceeding. During initial road and storm pond excavation, it became ever more apparent that the native materials excavated out of the storm ponds could be processed on site and used for road construction. In our original SEPA checklist we had not anticipated being able to do this and had planned to export excess materials off site and then import needed material on site. This process would have required several hundred-truck trips to and from the site on a daily basis adding to the traffic congestion we heard about during the public meeting. To reduce traffic impacts are proposing to bring in a small rock-crushing machine and place it in the center of the project where the storm ponds are. ,Screened rocks would be processed into crushed rock material for street construction. Therefore, anticipated truck traffic to and from the site would be greatly reduced. The noise level and dust from this machine is no more than the screen or scraper/loaders now working on site. The operation would be approxim4tely two weeks in duration and limited to normal working hours 8:00 a.m. to 5:00 p.m. each week day. All materials will be stored onsite. We believe this is a very responsible and environmentally sound request that will result in less impact than was originally anticipated in the original SEPA. Attached is an amended SEPA checklist and related correspondence for your review. We respectfully request your department's approval to proceed. Thank you. Very truly yours, SCA CONSULLYIWG GROUP ain, P.E. SLC/nc cc: Jim Gibson K:\TEXT\++Project Files++\2003 PF\03008\corres\Beck052404.doc DESIGN/BUILD CIVIL AND TRANSPORTATION ENGINEERING • PLANNING SURVEYING / ~_/~ ~,~ /'/ 4200 Sixth Ave SE, Suite 301 May 18, 2004 Lacey, WA 98503 (360) 493-6002 Jim Gibson, Development Engineer (360) 493-2476 Fax City Of Yelm, Public Works Dept. sca@scaconsultinggroup.com P.O. Box 479 www.thescagroup:com Y21m, WA 98597 RE: Yelm Terra- SCA #03008 Dear Jim: Construction has begun at Yelm Terra. During our initial road and storm pond excavation it was determined that the natural material onsite is suitable for road building and landscaping purposes. To better utilize this material a new "state of the art" mobile screener was brought onsite to sort out the rocks and screen for topsoil. The resultant screened rock materials are ideally suited for processing into crushed rock materials for road construction. We have determined that the amount of material taken out of the storm ponds alone will be more than enough for our onsite road building and landscaping needs. What better way to use the onsite material vs. the expense of exporting the raw materials and importing the processed materials. This will substantially reduce the anticipated truck traffic to and from the site, save on natural resources i.e. fuel and is keeping with ways of mitigating impacts and building "green" projects. The new mobile rock crusher is needed for crushing and will make a little more noise than the other construction equipment currently onsite but will only be needed for two weeks. Again we believe that the benefit of this request to use onsite materials far exceed any perceived negative impacts. We respectively request your administrative approval to proceed. Please let me know if you need something more from us to approve this request. Yours truly, ' SCA ~1is~Fti g Gr p nt Slc/njt ain (K:/text/pf/2003/03008/corres/Gibson051804) DESIGNiBUILD ~i'~"_ ~~^;~ TR;;NSPOR?~TION E'VG[NEERING ?LANNiVG SU2VEY[NG YELM COMMUNITY DEVELOPMENT DEPARTMENT (x) City Admin. (x) Comm. Dev. Dir. (x)`Building Official (x) Mayor (x) Applicant (x) Posted (x) Public Works Dir. (x) City Engineer (x) Assistant Planner (x) Project Manager THE FOLLOWING CASES WILL BE CONSIDERED AT YELM PUBLIC WORKS CONFERENCE ROOM 901 RHOTON ROAD MEETING DATE: WEDNESDAY, JUNE 2, 2004 TIME PRE- ENVIRON- SITE OTHER DESCRIPTION SUB- MENTAL PLAN MISSION REVIEW REVIEW Applicant Internal Internal Attendance Staff Staff Required Review Review Onl Onl 1:00 p.m. _~,~:~ ,.4~~' ' ~ ~ ~~'~ . NAPA Auto Parts 1:30 p.m. ~~-~- ,~ _~ 2 00 '~ ~ M ~~ Bockman Conversion p.m. : , f ;~<~ -- 2:30 p.m. ~ `' Yelm Terra SEPA amendment 3:00 p.m. ..q ', ~:a; 3:30 p.m. ~, `i~~-,`~ - * Environmental Review/Site Plan Review: Internal staff review only, applicants and/or representatives may attend to OBSERVE. If you plan to attend, please notify the Community Development Department at 458-3835. R:\Weekly SPR\WEEKSPR.doc CITY OF YELM ENVIRONMENTAL CHECKLIST A 1. 2 3. BACKGROUND Name of proposed project, if any: CITY USE ONLY FEE: 150.00 DATE RECD BY: FILE NO. Yelm Terra - On-Site mining of native rock material. Name of applicant: Yelm Terra L.L.C. Address and phone number of applicant and of any other contact person: 4200 6th Avenue SE, Suite 301 Lacey, WA 98503 360.923.9655 4. Date checklist prepared: May 21, 2004 5 6. 7. 8. Agency requesting checklist: City of Yelm Proposed timing or schedule (including phasing, if applicable): Construction to begin soon after preliminary plat approval is issued. Spring 2004. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. There are currently no plans for future expansion or additions beyond the improvements shown on the plat map. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Former SEPA Approval granted December 26, 2003. Environmental checklist, preliminary drainage report, traffic impact analysis and soils investigation. CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 1 9. Do you know whether applications are. pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Preliminary Plat and Construction has been approved. 10. List any government approvals or permits that will be needed for your proposal, if known. Preliminary and final plat approval, environmental assessment, grading plan approval, engineering plan approval, building plan approval. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. To mine, screen, crush and place up to 20,000 cubic yards of existing native rock material for purposes of road construction. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. You need not duplicate maps or detail plans submitted with any permit applications related to this checklist. The project is located on the north side of 105th Avenue, south of the Park View subdivision near the intersection with Clark Road, in Section 30, Township 17N, Range 2E. CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 2 B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Fla , rolling, hilly, steep slopes, mountainous, other: b. What is the steepest slope on the site (approximate percent slope)? The steepest slope on site is 3%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The Soil Conservation Service of Thurston County mapped the onsite soils as a Spanaway Gravelly Sandy Loam (110). All test pits confirm this designation. All test pits revealed very gravelly fine sandy loam surface soils, overlying a gravelly and cobbley coarse sand substratum. Substratum coarse soils were loose to slightly dense and had very few fines present. Winter water table was not present in any test pits. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There are no surface indications of unstable soils in the immediate vicinity. e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. Previously, excavated material was to be exported off site and base rock, crushed rock and drainage rock was going to be imported from nearby rock quarries. Instead, existing native rock material is suitable for all construction related activities. Material being excavated from the storm pond areas and the roadway areas will be stockpiled, sent through a screener and a crusher as needed for varying need demands for different rock types. £ Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Erosion is always a possibility on construction sites. The highest potential for erosion will occur during the grading process for the project. See Item h below for proposed control methods. CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 3 g. About what percent of the site will be covered with impervious surfaces after project construction such as asphalt or buildings? Approximately 50% of the site will be covered with impervious surfaces, including stormwater ponds. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: An erosion control plan will be developed in accordance with the City of Yelm standards. This plan will be reviewed and approved by the City. Erosion control fencing and other devices will be used to ensure no materials leave the site. Following construction all exposed surfaces will be landscaped and re- vegetated. In addition, impacts to surrounding roadways will be minimized because overall truck traffic will be reduced. Rock material will no longer be exported and imported but instead the material source is on-site. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile exhaust, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. During construction emissions to the air will be released from heavy equipment and construction staff vehicles. Following construction, emissions from resident vehicles will be released on site. All emission quantities are anticipated to be within normal ranges for projects of this type. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. There are no off-site sources of emissions or odor that will affect this proposal. c. Proposed measures to reduce or control emissions or other impacts to air, if any: All heavy equipment will be fitted with required emission control devices. 3. Water CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 4 a. Surface Water 1) Is there any surface waterbody or wetland on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds)? If yes, describe type and provide names. State what stream or river it flows into. An old drainage ditch marks the site's east property line. However, the ditch does not appear to currently carry any water and over the years has been filled in by neighboring property owners. 2) Will the project require any work over, in, or adjacent to (within 300 feet) the described water? If yes, please describe and attach available plans. No work will occur within 200 feet of any surface waters but will occur within 100 feet of the old drainage ditch. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No fill will be placed in or removed from surface water or wetlands. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. The proposal will not require surface water withdrawals or diversions. 5) Does the proposal lie within a 100-year flood plain? If so, note locations on the site plan. The proposal does not lie within a 100 year flood plain. 6) Does the proposal involve any discharges of waste materials to surface water? If so, describe the type of waste and anticipated volume of discharge. The proposal does not involve any discharges of water materials to surface water. b. Groundwater: CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 5 1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose and approximate quantities, if known. No groundwater will be withdrawn as a result of this project. This site will be served by City of Yelm water and S.T.E.P. sewer. Stormwater will be treated and infiltrated back into the ground. 2) Describe the underlying aquifer with regard to quality and quantity, sensitivity, protection, recharge areas, etc. The entire City of Yelm is located in an area of extreme aquifer sensitivity. 3) Describe waste material that will be discharged into or onto the ground from septic tanks or other sources, if any (such as: domestic sewage; industrial byproducts; agricultural chemicals). Treated stormwater will be infiltrated into the ground. All stormwater treatment and infiltration facilities will be designed in accordance with City of Yelm standards. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other water? If so, describe. Runoff will be generated from the rooftop and roadway areas. The stormwater system on site will be designed in accordance with City of Yelm standards. 2) Could waste materials enter ground or surface waters? If so, generally describe. It is unlikely that waste materials could enter ground or surface waters as a result of this project. Treatment facilities have been designed to reduce this risk as much as possible. d. Proposed measures to reduce or control surface, ground and runoff water impacts, if any: All stormwater systems will be designed in accordance with the City of Yelm's standards. Treatment that meets or exceeds these standards will be provided prior to infiltration to the ground. All plans will be reviewed and approved by the City of Yelm prior to construction. CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 6 4. Plants a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other _x_ evergreen tree: fir, cedar, pine, other _x_ shrubs _x_ grasses pasture crops or grains wet soil plants: cattail, buttercup, bullbrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Some existing fir trees will be removed to make room for roadway and stormwater construction. Trees located in open space areas and along the back of lots will try to be preserved. c. List threatened or endangered species known to be on or near the site. None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. A landscape plan will be developed for the site and native plants will be incorporated into the design. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, ducks, eagle, ongbirds ther: Mammals: deer ear, elk, beaver, other: Fish: bass, salmon, trout, shellfish, other: b. List any priority, threatened or endangered species known to be on or near the site. None known. c. Is the site part of a migration route? If so, explain. The site has not been identified as part of a migration route. CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 7 d. Proposed measures to preserve or enhance wildlife, if any: Native plants will be incorporated in the landscape plan and will be available to wildlife. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gasoline, heating oil, wood, solar, etc.) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, transportation, etc. New homes will use electricity and natural gas for lighting, heating and cooling. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. This project will not affect the potential use of solar energy by adjacent properties. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The building will be constructed in accordance with Uniform Building Code and Washington Energy Code standards. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No threats to environmental health will occur as a result of this project. 1) Describe special emergency services that might be required. No special emergency services other than standard medical emergency response will be required by this project. 2) Proposed measures to reduce or control environmental health hazards, if any: None needed. CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 8 b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Standard traffic noises at levels typical of an urban environment exist in the project area. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short term noise will be generated during construction activity. This will primarily be composed of equipment noise during clearing and grading, and construction noise while the building is being built. 3) Proposed measures to reduce or control noise impacts, if any: Construction will take place during daylight hours only. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The site is mostly vacant with one existing single family residence. The parcel to the north is developed with an existing subdivision. b. Has the site been used for mineral excavation, agriculture, or forestry? If so, describe. The site has not been used for mineral excavation, agriculture, or forestry in recent years. c. Describe any structures on the site. The site contains one single family residence. d. Will any structures be demolished? If so, what? The existing home will likely be demolished. e. What is the current comprehensive plan designation of the site? The current comprehensive plan designation of the site is Residential R-4. CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 9 £ What is the current zoning classification of the site? The current zoning designation of the site is Residential R-4. g. If applicable, what is the current Shoreline Master Program designation of the site? Not applicable. h. Has any part of the site been classified as a "natural resource," "critical," or "environmentally sensitive" area? If so, specify. No portion of the site has been classified as a `natural resource'; "critical" or "environmentally sensitive" area. i. Approximately how many people would reside or work in the completed project? Based on an average of 2.5 residents per household, it is expected that about 243 people would reside in the completed project. j. Approximately how many people would the completed project displace? No people will be displaced by the completed project. k. Proposed measures to avoid or reduce displacement impacts, if any: None needed. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project will be designed to meet or exceed all City of Yelm zoning standards. All plans will be reviewed by the City of Yelm to ensure compliance with all applicable adopted plans. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 97 middle income residential units will be provided b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. One unit will be eliminated. CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 10 Proposed measures to reduce or control housing impacts, if any: None needed. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The tallest height of any proposed structure is 25 feet, measured to the top of the roof line. The principal exterior building material proposed will be wood. b. What views in the immediate vicinity would be altered or obstructed? There is a view of Mt. Rainier to the east from the site. Views from the north, west and south of the project will have their view altered by concerting the project property to a developed site. c. Proposed measures to reduce or control aesthetic impacts, if any: The open space areas will be landscaped in accordance with the standards of the City of Yelm and will include existing fir trees, ornamental trees and lawn. Trees, shrubs and ground cover will be planted on newly created lots to create an aesthetically pleasing appearance. Streets will be planted with the required street tree. The project will be designed to a residential scale, using residential-type materials in order to blend with the adjacent residential uses. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Lighting will be designed so that it is directed on site and to minimize the amount of light spilling onto adjacent properties. b. Could light or glare from the finished project be a safety hazard or interfere with views? Lighting will be designed to comply with all safety standards and to minimize glare. No safety hazards will be created by the project. c. What existing off-site sources of light or glare may affect your proposal? CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 11 There are no off-site sources of light or glare that would affect this proposal. d. Proposed measures to reduce or control light and glare impacts, if any: All fixtures on site will be designed to minimize or eliminate light spillage onto otherproperties and the city right-of--way. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Nisqually Valley Golf Course, Yelm Park and Cochran Park are located within one mile of the project site. b. Would the proposed project displace any existing recreational uses? If so, describe. No recreational uses will be displaced by the project. c. Proposed measures to reduce or control impacts or provide recreation opportunities. The site will provide sidewalks, trails, swing sets and lawn areas for recreational opportunities. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. No evidence of historic, archaeological, scientific, or cultural importance has been observed on site. c. Proposed measures to reduce or control impacts, if any: None are proposed. CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 12 14. Transportation a. Identify sidewalks, trails, public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The primary access to the project will be by 105th Avenue via Clark Road. Secondary, emergency vehicle access will be via Third Street. Frontage improvements on 105th Avenue will be constructed by the project proponent, to include street widening, planter strip, and sidewalks. b. Is site currently served by public transit? By what means? If not, what plans exist for transit service? Intercity Transit serves Yelm via Yelm Avenue. Buses are not expected to travel into the site at this time. c. How many parking spaces would the completed project have? How many would the project eliminate. No parking spaces would be eliminated. Individual home sites will have sufficient parking for about 4 spaces per lot. d. Will the proposal require any new sidewalks, trails, roads or streets, or improvements to existing sidewalks, trails, roads or streets, not including driveways? If so, generally describe (indicate whether public or private). As part of the project, frontage improvements will be required to be constructed on 105th Avenue. Inside the plat a looped roadway system will be constructed to meet Yelm public roadway standards. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. The project will not use or occur in the immediate vicinity of water, or air transportation. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. According to the project traffic study, the project will generate 1.01 new pm peak hour trips per dwelling unit for a total of 98 p.m. peak hour trips. g. Proposed measures to reduce or control transportation impacts, if any. CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 13 In accordance with the Yelm TFC ordinance, the project will pay a transportation facility charge of $750 per pm peak trip. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The project is not anticipated to result in a measurable increase in demand for public services. Occasional police or fire response may be required, but such incidents are expected to be in keeping with other similar types of uses in the area. b. Proposed measures to reduce or control direct impacts on public services, if any. None proposed. 16. Utilities a. Circle utilities currently available at the site: electricit , atural , ater refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Electricity Natural Gas Water Sanitary Sewer Refuse Service Telephone Puget Sound Energy Puget Sound Energy .City of Yelm City of Yelm LeMay, Inc. YCom Networks C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the City of Yelm is relying is relying on them to make it's decision. Signature: _--- Date Submitted: (g:\text\pf\2003\03008\env checklist2.doc) CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 14 ,..~ Thurston County Development Services 2000 Lakeridge Drive SW, Building 1 Olympia, WA 98502 DECLARATION OF RO~_~^!^^.RY LINE ADJUSTMENT AND COVENANTS Grantor: 1. ~~ ~ I ~i?•~-~L ~ 2. ~ I ype or Print) (Type or Print) Additional on page Grantee: Public, The Legal Description: NE 1/4, NW 1/4, Sec. 30, T17N, R2E, W.M. Additional on page _ Assessor's Tax Parcel ID#: 22730210700 22730210404 PUBLIC NOTICE IS HEREBY GIVEN: That we, the undersigned, are the owners of the land described by this declaration and are seeking approval by the Planning Section of the herein described adjustment of land known as Boundary Line Adjustment # ~' ^ ~` ' subject to the following covenants and conditions: 1. That all suw;~~= _~.;~~~.:~s •v>,riil contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such road is improved to the current public road standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right of the Grantor or his Successor to make all necessary slopes for cuts and fills; and the drainage of said roads and ways over and across any parcel(s) where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein shall be allowed to continue. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage water on any parcel(s) shall be diverted or blocked from their natural course so as to discharge upon any public rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenants, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such person, are attached hereto either as exhibit(s) or as previously recorded under Auditor's Fite Number and incorporated by reference as though fully set out herein. 7. We, the undersigned, hereby indemnify the approving governmental agency for all costs or damages including attorney's fees incurred by or charged against that agency as a result of the is signatory not being the owner of the property being adjusted. 8. We, the undersigned, hereby acknowledge that this Boundary Line Adjustment has been made with our free consent and in accordance with our desires. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such person are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover an~ dama~es resulting from such violation. K:IZONING.LUIF RMSWPPL ATBLA-revised /6/9B DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by the declaration; and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Number , on the day of , 20 , by the Planning Department, subject to the following covenants and conditions: 1. That all subsequent deeds will contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. DATED this day of Grantor Grantor Grantor 20_. Grantor Grantor Grantor E-23 l~~ t y~,~~ ~~~ ~~rrr•, p~,Q f~ //~ ~ ^~ ,, ~~~ I YII~IvI WASHINGTON ~ PLEASE SUB CITY O F YELM OFFICIAL USE ONLY PO Box 479 Fee - Date Received Yelm WA 98597 By - 360-458-3244 Flle No. APPLICATION FOR ~ MAR 2 6 2004 BOUNDARY LINE - -~ ADJUSTMENT F : $100.00 ~~`~ QF YELIUI LARGE LOT SUBDI Fee: $250.00, 0.00/lot (In addition, any professional service charges /n~ (/ per Resolution #358) ~ V Q 3RENT PLAT CERTIFICATE WITH APPLICATION (Limited Liability Title Report) Boundary Line Adjustment Large Lot Subdivision NOTE: ALL CURRENT AND DELINQUEI`!T TAXES PJIUST BE PAID PRIOR TO APPROVAL. (ASSESSOR CAN PROCESS A SEGREGATION FOR PROPERTY ASSESSMENT PURPOSES.) NAME OF PROJECT Owner of Parcel(s) Purchaser of Parcel(s) Representative APPLICANT Yelm Terra LLC MailingAddress C O SCA Consu tang Croup- Ave. E, City, State and Zip Lacev. WA 98503 Telephone (360) 493-6002 FAX # (360) 493-2476 OWNER Thomas Longmire Mailing Address Mosman S SE City, State and Zip Yelm, WA 98597 Telephone SURVEYOR Statewide Surveying, Inc.-Patrick J.Beehler MailingAddress 26250 Par mont Ln. B - City, State and Zip Ympia, Telephone (360 786-0090, FAX ~ (360) 786-01 95 PROPERTY DESCRIPTION, General Location Parcel A-Unknown, Parcel B-see below Address of Site (if assigned) 1 5741 Mosman St . SE-Y~lm, WA 98597 Area of Project (in acres, if possible) Area of entire contiguous ownership (if other than above) Section 30 Township 17N Range 2E A 2 ~~/ 3 0 21 0 7 0 Ocel 2 2 ~ be0r~s~ 4pOr 4perty included in this application: Zoning District Shoreline Designation (if applicable) Comprehensive Plan/Sub-Area Plan Designation Type of on-site structures (give lot numbers) (SHOW LOCATION AND LABEL EACH STRUCTURE ON MAP) WHAT USES ARE PROPOSED FOR THE VACANT LOTS? The uses must be consistent with zoning. Single Family, on Lots Duplex, on Lots Multifamily, on Lots Commercial, on Lots Industrial, on Lots IF UNDECIDED, LOTS WILL BE REVIEWED FOR ONE SINGLE-FAMILY RESIDENCE PER LOT. Existing sewage disposal: None -Septic tank (date installed ) Sewer (SHOW ON MAP) .T Proposed sewage disposal: -None Septic tank Sewer -Other Existing water supply: None Individual well on lot(s) # (SHOW ON MAP) Community Well -- Name of System or Owner Municipal Water System -- Name of Municipality C:\Conununily Development\F'orms 8c Procedures\I3oundLineAdjust\BLA-LL.S App.doc 7/03 l i "5 :Yt LM n F..~ w ~~] ',~ i X' I ~ a~-t r r i C"' L'" I ~' ~~ `a I ~ i i ~ '^ ~ .. ~ Gn >.1 r~ r.y ~~x m :r =1 ~ •~ ~ m ~ D' ~~~~ ~ ~ JJ 31 ~ ~J,U; I O n ,-~ C' m ~ ~ j I 3 ~ F..~ ~o '~' rv O < i~ 4 '~-+ ~ r * o O ~ ~ ~ i ~'' OG a ~ .~ ~ a~W cn D o at ~; :~ ~ ~ ~. °° r ~ ~ O \G A S V ~ O J ,~ ~ F 1 ~ ~ ~ I U? ~ I h_ c-< j i ~~ ~ ~~ C ~ • ~~ , I i ~ ~ i - i • j r r i j. ~, ~ i ~ ~ ~ ~ ~ H ~ in ~ D ~ r~ 6 @ j '' H ~ m ~ , i j ~! [~ t9 CrJ ~ I ma 'p H I y„ j ~ l~ ~ w m CA j • j i c~ ~ ~ j . I ~ ~ ~ O i ~ ~ j • ~ ~ ' ! ~ ~ b ~ j j ~ ~ . ~, p ~ j j I ~ z m ~~ n i~' ' ,~ m ~ ~ ~ -~ r~ o I ~ ~? I :~, m m Qp ~, ,s z o , t Thurston County Development Services 2000 Lakeridge Drive SW, Building 1 Olympia, WA 98502 DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS Grantee: Public, The Additional on page Legal Description: NE 1/4, NW 1/4, Sec. 30, T17N, R2.E, W.M. Additional on page Grantor: 1. (I ype or Print) (Type or Print) 22730210700 22730210404 Assessor's Tax Parcel ID#: PUBLIC NOTICE IS HEREBY GIVEN: That we, the undersigned, are the owners of the land described by this declaration and are seeking approval by the Planning Section o_f the herein described adjustment of land known as Boundary Line Adjustment # B' " ^ " :subject to the following covenants and conditions: 1. That all sub;~_;::~r~ aaaus viii contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such road is improved to the current public road standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be. subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right of the Grantor or his Successor to make all necessary slopes for cuts and fills; and the drainage of said roads and ways over and across any parcel(s) where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein shall be allowed to continue. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage water on any parcel(s) shall be diverted or blocked from their natural course so as to discharge upon any public rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenants, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such person, are attached hereto either as exhibit(s) or as previously recorded under Auditor's File Number and incorporated by reference as though fully set out herein. 7. We, the undersigned, hereby indemnify the approving governmental agency for all costs or damages including attorney's fees incurred by or charged against that agency as a result of the is signatory not being the owner of the property being adjusted. 8. We, the undersigned, hereby acknowledge that this Boundary Line Adjustment has been made with our free consent and in accordance with our desires. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such person are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover an~ dama~es resultin~ from such violation. KIZONING.LUIF RMSWPPL ATBLA-revised /6198 O~ TttF, P~,9 f ~ ~ CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 OFFICIAL USE ONLY Fee Date Received By File No. APPLICATION FOR BOUNDARY LINE - YFLIVf ADJUSTMENT Fee: $100.00 OR WASHINGTON LARGE LOT SUBDIVISION Fee: $250.00, + $10.00/lot (In addition, any professional service charges per Resolution #358) PLEASE SUBMIT CURRENT PLAT CERTIFICATE WITH APPLICATION (Limited Liability Title Report) Boundary Line Adjustment Large Lot Subdivision NOTE: ALL CURRENT AND DELINQUENT TAXES MUST BE PAID PRIOR TO APPROVAL. (ASSESSOR CAN PROCESS A SEGREGATION FOR PROPERTY ASSESSMENT PURPOSES.) NAME OF PROJECT Owner of Parcel(s) Purchaser of Parcel(s) Representative APPLICANT Yelm Terra LLC MailingAddress C O SCA Consu tang Group- Ave. , City, State andZip_I,acev, WA 98 03 Telephone (360) 493-6002 FAX # (360) 493-2476 OWNER Thomas Longmire Mailing Address Mosman S SE City, State and Zip Yelm, WA 98597 Telephone SURVEYOR Statewide Surveying, Inc.-Patrick J.Beehler Mailing Address 2625C Parkmont Ln. B - City, State and Zip YmPia, Telephone (360 786-0090, FAX # (360) 786-01 95 PROPERTY DESCRIPTION) General Location Parce A-Unknown, Parcel B-see below Address of Site (if assigned) 1.5741 Mosman St . SE-Y&~lm, WA 98597 Area of Project (in acres, if possible) Area of entire contiguous ownership (if other than above) Section 30 Township 17N Range 2E A 21~~ 3 0 21 0 7 0 Ocel 2 2 ~ b 0 2s1 4p0 4perty included in this application: Zoning District Shoreline Designation (if applicable) Comprehensive Plan/Sub-Area Plan Designation Type of on-site structures (give Jot numbers) ' (SHOW LOCATION AND LABEL EACH STRUCTURE ON MAP) WHAT USES ARE PROPOSED FOR THE VACANT LOTS? The uses must be consistent with zoning. Single Family, on Lots Duplex, on Lots Multifamily, on Lots Commercial, on Lots Industrial, on Lots IF UNDECIDED, LOTS WILL BE REVIEWED FOR ONE SINGLE-FAMILY RESIDENCE PER LOT. Existing sewage disposal: None -Septic tank (date installed _) Sewer (SHOW ON MAP) .T Proposed sewage disposal: -None Septic tank Sewer -Other Existing water supply: None Individual well on lot(s) # (SHOW ON MAP) Community Well -- Name of System or Owner Municipal Water System -- Name of Municipality C:\Conununity Development\Fonns &Procedures\BoundLineAdjust\BLA-LLS App.doc 7/03 Proposed water supply: None Individual Welts Community Well -- Name of System or Owner, Municipal Water System -- Name of Municipal Special areas on your project site: (Show checked areas on map) Creek or Stream River (Name) Lake/Pond (Name) Cliffs Has a portion of your project site ever flooded? Yes, when? BOUNDARY LINE ADJUSTMENTS ONLY Draw/Gully _ None (Name) _ Swamp/Bog No Do not know (If yes, show area on map) Lot # ,Lot Area in Square Feet Lot # ,Lot Area in Square Feet Lot # ,Lot Area in Square Feet Lot # ,Lot Area in Square Feet Does the property being subdivided have city/county/state road frontage? No Yes City of County State If yes, name of road Right-of-Way width of road frontage If no, width and length of private road, easement or right-of-way: feet wide by feet long If property to be divided is accessed by a private road, how many other parcels have access by this road? (Include vacant parcels.) (FOR YELM TOWNHOUSE SHORT PLATS ONLY) For existing townhouse units being short platted: Do the common walls meet building and fire codes? Yes No 2. For proposed townhouse units: Has the applicant submitted the following to the Site Plan Review Committee? Yes No (If no, your short plat will be held pending the submittal of those items listed below.) A) Building Plans. Typical front and side elevations and exterior architectural treatments of the proposed units. B) Site Plans. Location of buildings in relation to property and lot lines, off-street parking areas, patio and service areas, including garbage disposal areas, landscaping, walls, fences, public and private streets, driveways, all common facilities, open space and walkways. In addition, lot size, percentage of ground coverage and open space shalt be included as data on such plan. A topographic map shall also be submitted showing existing and proposed contours at two-foot intervals and which locates existing streams, lakes, marshes and other natural features. The requirement of the topographic map may be waived by the Site Plan Review Committee if it deems it not necessary. PLEASE PROVIDE A REDUCED SIZE COPY OF THE SITE PLAN AND/OR BLA, NOT LARGER THAN 11" X 17". ~~' ~` `~ ~ _ Q¢~f E. _ 5q,~18o,3- ~J- ~; c-at LEGAL DESCRIPTION(S) OF PARCEL(S) I hereby certify that the above legal description(s) are accurate and in compliance with Subdivision Code. Said descriptions (are) (are not) based upon a Recorded Survey. Submitted this day of , 20 Name of Title Co. Or Surveyor Signature E-25 N1 BOUNDARY UNE ADJUSTMENT ,~'8LA- ' S BOUNDARY LINE ADJUSTMENT MAP 5~G 30, T 17N, R 2E, WM Wo ~ SCALE 1" = 150' .., ~ , PARCEL B D =3836' 13" R ~-140.00' L =94.33' ~ 162.92' y~ /~ ~ ~'/ PARCEL A ,; ~ ~ `° I~~ / ~~ // ~ 11 -~ ~ 60' PRIVATE ROAD __ // EASEMENT '7'~-_~ D =38'28'43" ,~ ., ~ ..16~'18~ ~~ . ~~ o SECTION UNE - ~ ~ C ____ . _ _ ~ - N 0 w o, N oN`o Z PARCEL A OF THIS BLA WAS SURVEYED AND RECORDED UNDER AFN 3053629, RECORDS OF 7HURSTON COUNTY. JOB 2-96146 DWC 146SBL 1.DWG GIfc17ThERS ASS~w1E~ cm. OLD LEGAL DESCRIPTIONS LOTS 3 AND 4 OF SHORT SUBDIVISION SS-8017 AS FILED IN VbLUME 22 OF SNORT SUBDIVISIONS, AT PAGE 280 AND RECORDED UNDER AUDITOR'S F/LE N0. 8707170087 AND CORRECTION THERETn RECORDED UNDER AUDITOR'S F1LE ND. 9204240239. SITUATE 1N THURS72~N COUNTY, STATE OF WASHINGTON. E ti4%'oF^~ ~" ~`~r iy ~ ~~R CERTlFlCAT10N OF CONFORMANCE I HER®Y CERTJFY THAT THIS BOUNDARY UNE ADJUSTMENT CONFORMS ~ ~k`~ WATT THE REQUIREMENTS OF THE PLATTING ANO SUBDMSION ORDINANCE `~ ~` 28278 yv.•`~ AS THE ADJUSTMENT ODES NOT CRF~47E ANY NEW LOTS CONTAINING sSjoN~~ ~~DS~ INSUFFICIENT LOT AREA ANO DIMENSIONS TO MEET THE MlN1MUM REQUIREMENTS FOR WIDTH AND AREA. FOR BUILDING SITES ~ p~¢~s a-08-87 FOR AUD/Tt~R'S US£ ONLY Plonning Deparimen~~ Date ~osn~ ~osrH 30~> 2 FIVE > > CORNERS AVE / v, o„~„rY MAP N. LS. ri E-27 Boundary Line Adjustment BOUNDARY LINE ADJUSTMENT MAP D D O NOT WRITE IN BOX FOR OFFICIAL USE CERTIFICATION OF CONFORMANCE I hereby certify that this boundary line adjustment conforms with the requirements of the Platting and Subdivision Ordinance as the adjustment does not create any new lots containing insufficient lot area and dimension to meet the minimum requirements for width and area for building sites. 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Grantor (Signature) ~ GranlItor (Signature) rr ,, nn Type or Print Above Sign ture Type of Print Above Signature 3. Grantor (Signature) ~--- ~4. Grantor (Signature) Type or Print Above Signature Type or Print Above Signature STATE OF WASHINGTON ) COUNTY OF THURSTON ) ss. On this day personally appeared before me ~C~3''G~.-• / 7. 2-4C~ 7` to me know to be the individual described in and who executed the within and foregoing instrument, and acknowledged that 'T+b ~ h 4~rlGy-..ci,do,+ signed the same as 3`a~. (3a.c.~Cw..cr-ri free and volunta act and deed, for the uses and pu`~y~saaiih~rein mentioned. ~`'~~~~ '// ~ `~.QQ•,~~;~ssioNF~AI~ ,~~ NOTARY PUBLIC in and for the State of >~ MAY ~9m ~ =. Washington residing at ~,N~ 2006 0'', ~ ""`ice ~ ~ STATE ~~,~~~~~ ) ~~~~~iccRii pV~``~~ ) SS. COUNTY OF TH~RSTON ) On this day personally appeared before me ~-T~~~~c:~S ~._~~C~1rY~i~2.~- to me know to be the individual_ described in and wh executed-the within and foregoing instrument, and acknowledged that ~ ~ signe~t~.~me as ~~ ~ free and vol ary act and deed, for the u~s'~p~~ts therein mentioned. ,, ,- ~~ ,.. y~ ~~'~ yJ ~~'•~ ' NO ARY PUBLIC in a ~ for the State of ~ a' i~1dTRRy ~~~~ P~ Washington residing at • ~BLtG ~~crC.~ r f ~ ~-tJ ~ r S~A~,a~SHINGTON ) ~-~....-. e ) ss. COUNTY OF THURSTON ) On this day personally appeared before me to me know to be the individual_ described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. NOTARY PUBLIC in and for the State of Washington residing at Boundary Line Adjustment #BLA - cry-cx~~j - Y t:... LEGAL DESCRIPTIONS OF PARCELS BOUNDARY LINE ADJUSTMENT Parcel A of Boundary Line Adjustment #BLA-Cx~-ix~~ YL 'icedescribed as follows: That portion of the northeast quarter of the northeast quarter of Section 30, Township 17 North, Range 2 East, W.M., Washington described as follows: Commencing at a point on the south line of said northeast quarter of the northwest quarter North 89°24'41" West 671.55 feet from the center-north 1/16`h corner of said Section 30; thence North 00°35' 19" East, parallel with the east line of said northeast quarter of the northwest quarter, 45.00 feet to the northerly margin of 105t1i Ave. SE and the point of beginning; thence North 89°24'41" West, along said northerly margin, 127.06 feet; thence North 00°35' 19" East 668.00 feet to the south line of Lot 4 of Short subdivision SS-1805 as recorded under Auditor's File No. 8303230024, records of said county; thence South 89°24'41" East, along said south line and the easterly extension thereof, 106.85 feet to the Yelm Irrigation Canal; thence South 44°45'05" East, along said canal, 86.69 feet; thence South 43°09"09" East, along said canal, 260.59 feet; thence South 44°38'26" East, along said cana1,140.43 feet; thence South 44°4'25" East, along said canal, 107.14 feet; thence South 45°11'01" East, along said canal, 285.95 feet to the northerly margin of said lOSs' Ave. SE; thence North 89°24'41" West, along said margin parallel with and 45.00 feet north of the said south line of the northeast quarter of the northwest quarter, 14.34 feet to a point that is on an offset line 10.p0 feet measured perpendicular from said canal; thence North 45°11'01" West, along said offset line, 275.71 feet; thence North 44°43'25 West, along said offset line, 107.19 feet; thence 44°38'26" West, along said offset line, 140.57 feet; thence North 43°09'09" West, along said offset line, 260.58 feet; thence North 44°45'05" West, along said offset line, 48.40 feet; thence South 00°35' 19" West, parallel to the east line of said northeast quarter of the northwest quarter, 588.97 feet to the northerly margin of 105`h Ave. SW, and the point of beginning. Containing 87,379 square feet, more or less. Parcel B of Boundary Line Adjustment # BLA ~-DY-ce.:~*r- rG "ffi described as follows: That portion of the northeast quarter of the northeast quarter of Section 30, Township 17 North, Range 2 East, W.M., Washington described as follows: Lot 4 of Short subdivision SS-1805 as recorded under Auditor's File No. 8303230024, records of said county. TOGETHER WITH the following described tract: Beginning at the southeast corner of said Lot 4; thence South 89°24'41" East, along the easterly extension of the south line of said Lot 4, 103.22 feet to the Yelm Irrigation Canal; thence North 44°45'05" West, along said canal, 144.37 feet to the northeast corner of said Lot 4; thence South 00°53' 19" West, along the east line thereof, 101.48 feet to the point of beginning. Containing 59,718 square feet, more or less. I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Said descriptions are based upon a Recorded Survey. Submitted this 16`" day of March, 2004. Patric J. h r, P S Certificat No. 17656 F:\SW SURVEY FILES\Projects\03-13b0 Yelm TerraU3b0 BLA DESC FORM.doc STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me to me known to be the individual- described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 NOTARY PUBLIC in and for the State of Washington residing at STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me, to me known to be the individual- described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 NOTARY PUBLIC in and for the State of Washington residing at AUDITOR'S CERTIFICATE File for record at the request of this day of , 20 , at minutes past o'clock _.m., and recorded in Volume of Large Lot Subdivisions on page ,records of Thurston County, Washington. Thurston County Auditor By: Deputy )/-24 THURSTON COUNTY DEVELOPMENT SERVICES 2000 LAKERIDGE DRIVE SW, OLYMPIA, WA 98502 (360) 786-5490 FAX (360) 754-2939 THURSTON COUNTY Sl-vice 1852 TYPE 1 APPLICATION ® BOUNDARY LINE ADJUSTMENT ^ LOT CONSOLIDATION Date R~Ceived''. Intake By 1. APPLICANT: NAMEYelm Terra LLC c/o SCA Consulting Grou MAILING ADDRESS PO Box 3485 CITY AND STATE Lacey, WA ZIp98509 DAYTIME TELEPHONE 493-.6.00.2 FAX 493-247_ __ ~ SIGNATURE ~ (1~---- DATE ~~' ~ do hereby affirm and certi{~, under enalty of perjury, that I am one (or more) of fhe owners or owners under contract of the described property, and I believe that the following statements and answers are in all respects true and correct on my information and belief as to those matters. 2. CO-APPLICANT: (IF APPLICABLE) NAME Thomas Longmire COMPANY MAILING ADDRESS 15741 Mosman St. SE CITY AND STATE Yelm WA 98597 ZIP_ DAYTIME TELEP NE yS~3 -57s'~,l FAX L/~._ ~r 7 yG 4uc>~~ SIGNA DATE S do hereby affirm and certify, u der penalty of perjury, that I am one (or more) of the owners or owners under contract of the described property, and I believe that the following statements and answers are In all respects true and correct on my information and belief as to those matters. 3. POINT OF CONTACT: NAME Statewide Surveying, Inc. COMPANY Patrick J. Beehler MAILINGADDRESS2625C Parkmont r,n #R CITY AND STATE Olympia , wA 98502 ZIP DAYTIME TELEPHONE 786-0090 FAX 786-0195 SIGNATURE DAT / NOTE: The poi t of con ct will be the person receiving all County correspondence regarding this application. ReleteQ C;;a~es . Q fee Paid,~R,~G~i~t # Zoning Distr,ct ~~ 4. PROPERTY LOCATION: NORTH SOUTH EAST WEST ~crcie one) Side of (road name): 105th Avenue between (road name):Clark R d and (road name): Mi 11 St PROPERTY ADDRESS Parcel A - Unknown ;/arcal B - 15741 Mosman St ~F vPlm SECTION 30 TOWNSHIP 17N RANGE 2E ASSESSOR PARCEL NO(S). 2 2 7 3 0 210 7 0 0 22730210404 5. LOT SIZES BEFORE AND AFTER BOUNDARY LINE ADJUSTMENT: Lot # A ,Lot Area in Square Feet (if < 5 acres) or Acres I z 5 acres). Before: 92, 616 sf After: 87, 379` sf Lot # t~ ,Lot Area in Square Feet (if < 5 acres) or Acres I z 5 acres). Before: 5 4 4 8 0 s f After: 5 9, 718 s f Lot # ,Lot Area in Square Feet (if < 5 acres) or Acres (it z 5 acres). Before: After: Lot # ,Lot Area in Square Feet (if < 5 acres) or Acres I z 5 acres). Before: After: 6. UTILITIES: 1. WATER SUPPLY: (name of Utility, if applicable) a. EXISTING: on s i to b. PROPOSED: 2. SEWAGE DISPOSAL: (name of Utility, if applicable) a. EXISTING: on site (month and year Insta ed b. PROPOSED: J:1DEV SVCSIZONING.LUIFORMSIAPPLICAl1BLA.FRM 3/99 Page 1 of 2 SUPPLEMENTAL INFORMATION ALL APPLICANTS MUST SUBMIT THE FOLLOWING INFORMATION: (Applicant check off as completed) _ 1. One map on 8.5" x 14" sheet (or one mylar and four copies no larger than 18" x 24" r~ one reproducible copy on 11" x 17" sheet), which shall include or show: (see attached sample map) a. All information drawn to scale and in BLACK INK ONLY. b. A north arrow, map scale, date and site address. c. Old and new property lines of entire ownership, with old property lines shown as dashed lines and proposed new property lines shown as solid lines, and with dimensions indicated for all old and new property lines. All parcels must be labeled with a capital letter (beginning with N A d. The location of all existing and proposed structures, including, but not limited to, mobile homes, houses, sheds, garages, barns, fences, culverts, bridges, and storage tanks. e. Setback distances from all property lines (or road access easements) to all existing and proposed buildings. f. All means, existing and proposed, of vehicular and pedestrian ingress and egress to and from the site, such as driveways, streets, and fire access roads, including existing and proposed road names and existing county and state right-of-way. g. The location of all existing and proposed easements. h. The location of any area protected by covenant for water supply sources. 1. The location of all existing and proposed public and on-site utility structures and lines, such as on-site septic tanks, drainfields and reserve areas, water lines, wells and springs. j. For parcels with an existing residence, the location of shorelines on-site. k. For undeveloped parcels only, the location of any existing critical areas or buffers affecting the subject parcels, both on-site and on adjacent parcels, including, but not limited to, shorelines, wetlands, streams, lakes, steep slopes and special habitats. Off-site information obtained from available County mapping is sufficient. 1. For undeveloped parcels only, topographic information based on available County two (2) foot contour maps. The topographic information may be generalized to the smallest, even- numbered contour interval that is legible in areas of steep slopes where two-foot contour lines would otherwise be illegible to read. ', ~ ~,. m. If parcels are part of a previous subdivision or boundary line adjustment, show the previous lot identifier on each parcel in dashed or dotted format (e.g., Lot 1 of SS-800; Parcel A of BLA-800). n. Vicinity sketch, at a scale of not less than three (3) inches to the mile, indicating the boundary lines and names of adjacent developments, streets and boundary lines of adjacent parcels, and the relationship of the proposed development to major roads and highways. o. Include address, city, state, and zip code on face of map for each lot proposed. 2. Original copy of a completed Declaration of Boundary Line Adjustment and Covenants, with notarized signatures of all affected property owners. The notary stamp shall be located so that it is outside the one-inch margin of the Declaration. 3. Original copy of new legal descriptions for each affected parcel, prepared by either a title company or licensed surveyor, including an original signature of the preparer. A survey is not required; however, if a surveyor prepares the map and legal description, include a survey stamp and surveyor's signature on both. 4. Applicable processing fees. Additionally, recording fees will be calculated at the time of BLA approval 5. The project site must be identified in the field by posting an identification sign visible from the access road and by flagging the property corners and the center of the driveway/road access location. The sign and flags shall be provided by the County and can be obtained at the Permit Assistance Center. FORMAT FOR ALL RECORDED DOCUMENTS AND MAP The format for all recorded documents, including Declaration of Boundary Line Adjustment and Covenants, legal descriptions and map, must be on paper of weight and color capable of producing a legible image and must not be larger than 8.5" x 14." Maps on 8.5" x 14" sheet must have 1" margins. All pages (aside from page #1 which must have a 3" top margin) must have a 1" margin on the top, bottom and sides and be prepared in an ink color capable of being imaged, and all seals must be legible, capable of being imaged and located outside the 1" margins. If recorded documents and map are not correctly formatted per the above instruction, the Auditor's Office cannot accept them for filing. Forms for the Declaration of Boundary Line Adjustment and Covenants, legal descriptions and map are attached. Y J:\DEV SVCS\ZONING.LUIFORMSIAPPLICATI6LA.FRM 3/99 Page 2 of 2 _-_- M m - ~ a . II ~ I t-rl ~ 1 I1 ~~ / . ~ - r p , u 3 p l.#y ~ ~ } rr ryry~~ 1iliY~iilili.i I~IniL~nl S µ > ~- -- __.~.=_~._.. r....._..... 'a Postage ` & ~ Certified Fee ', ~ Retum Reciept Fee (Endorsement Required} ,' ~ Restricted t~elivery Fee ~ (Endorsement Required) O s-_...__.. _.__ ~ Total Postage & Fees ~ L m ~_.____._~:..~C:~ S_.. _ p entTo ----_ __ ._ _- e~_ __, ~~_ n _. o , iVS-~:k__ .... or Po Box No. [ ~ ~ ~ 5 / ~ `j~.`G City, State, Z/P+4 - ~ ~ ~ ~ ~-~ 1 ~~ ~ a :,, „ Certified Mail Provides: (as~anaa)ZOpZeun(`'ooseui~o~Sd ^ A mailing receipt ^ A unique identifier for your mailpiece ^ A record of delivery kept by the Postal Service for two years important Reminders: ^ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ^ Certified Mail is not available for any class of international mail. ^ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ^ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece."Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is requved. - ^ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery'. ^ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on marl addressed to APOs and FPOs. >4.~ , ~ ~~ . ~o ~ _ ~" a __ ~ , ;.~ _ p ce«;r, p -..._.. __ , ... p Return Ret:ia~t Fsr (Endnrsernent ReQUir~ 7~ y...__.._. ._._...,_..- _.._._..... p Restnctud Delivery Fee '~-, ~ (Endarsemeni Re:Zuiredl Tota! Postage K Fears ~~ ~ s~~~ m ___. _ ~----~. p Sent To - Street, Apt. No. ~ n ~^ c p~ ~ J or PO Box No. ~ ~~L - //,,-~~~ti ~.Zl.+~c Jl.i-~ t-C. Clty, State, Z%P~4 ~ - /d~ SSL~ j Cam=-~ , 1,~. -! :rr .r Certified Mail Provides: ^ A mailing receipt (as~ane~) ZOOZ aun~'ooee w,o~ Sd ^ A unique identifier for your mailpiece ^ A record of delivery kept by the Postal Service for two years /mportant Reminders: ^ Certified Mail may ONLY be combined with First-Class Mail® or Priority Mail®. ^ Certified Mail is not available for any class of international mail. ^ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ^ For an additional fee, a P;eturn Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a dUpleicdate return receipt, a US'PS® postmark on your Certified Mail receipt is eQ ^ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ^ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not availahle on mail addressed to APOs and FPOs. 4 OFFICE OF THE HEARING EXAMINER CITY OF YELM AMENDED REPORT AND DECISION CASE NO.: YELM TERRA SUBDIVISION, SUB-03-8353-YL APPEAL OF MITIGATED DETERMINATION OF NON-SIGNIFICANCE SUB-03-8353-YLRPL-04-0005-YL APPLICANT: Yelm Terra, LLC 4200 6th Avenue SE, Ste. 301 Lacey, WA 98503 AGENT: SCA Consulting Group P.O. Box 3485 Lacey, WA 98509 APPELLANT: Dr. Lee Anne Campbell 15715 - 105th Avenue Yelm, WA 98597 SUMMARY OF REQUEST: The applicant is proposing to subdivide approximately 24.25 acres into 97 single family residential lots. The property is zoned R-4 Low Density Residential, which allows up to four dwelling units per acre. The site currently has an existing residence that will be demolished. SUMMARY OF APPEAL: Dr. Lee Anne Campbell appeals the issuance of a Mitigated Determination of Non- significance for a proposed 97 lot subdivision. Specifically, Dr. Campbell takes issued with the mitigation measure which requires the closure of 105th Avenue at Miil Road. SUMMARY OF DECISION: The applicant's request for preliminary plat to subdivide approximately 24.25 acres.into 97 single family residential lots is hereby granted subject to conditions. M The environmental appeal of Dr. Lee Anne Campbell is hereby denied. -1- PUBLIC HEARING: After reviewing Planning and Community Development 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 March 1, 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: i EXHIBIT "1" - Planning and Community Development Staff Report and Attachments re: subdivision EXHIBIT " 2" - Planning and Community Development Staff Report and Attachments re: appeal EXHIBIT " 3" - Memorandum to Tami Merriman from Scott Davis, P.E. dated February 28, 2004 EXHIBIT "4" - Letter to Grant Beck from Thomas T. Longmire dated February 20, 2004 EXHIBIT "5" - Landscaping Plan dated September 29, 2003 EXHIBIT "6" - Letter to Hearing Examiner from Beth Jorgenson TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the subdivision includes four parks and that proper notice was given. The subdivision meets all City guidelines and all lots can accommodate homes which will meet setback requirements except possibly lots 31 and 32. The City would like to see building plans for those lots. The code requires that 5% of the plat remain as open space„ and storm water ponds do not generally qualify as open space. The applicant must pay a fee in lieu of open space because a park is nearby. Staff has concerns regarding the old gro~.~th fir on the site as development may damage the root systems, and the City has requested a plan to show whether or not the trees may remain. If not, the applicant will replant on a 2:1 ratio for those removed. The requirement for an agreement with the Yelm School District was added to the MDNS. The Traffic Impact Analysis will require curb and gutters on the roads to the north and wider lanes for the street. She then discussed the MDhlS mitigation which includes the closure of 105th to the west. The driveways and garages will accommodate two cars, and water and sewer will serve t!ae site. They could -2- need a second sewer line for the basin to the east. They will locate the storm water ponds in the center and all homes will have dry wells. The applicant must show acceptable sight distance for driveways from corner lots. GRANT BECK appeared and referred to letters in opposition. Thurston County analyzed the TIA and recommended two conditions of approval which the Examiner need not add as other proposed conditions and MDNS measures address the concerns. Concerning the boundary dispute, the applicant must resolve any such issues by the time of final plat approval. The preliminary plat, therefore, is subject to change. The code prohibits blocks longer than 660 feet and the street does not meet those standards. However, the applicant can add planter strips in the center of the street. CRAIG STEEPY appeared on behalf of the request and testified that the same family owned the property for many years and sold it to the applicant, but will build a home on one of the lots and continue to reside on the site. They studied traffic impacts quite extensively and prepared two TIAs. They have also studied the stormwater and utility issues extensively. He has reviewed the conditions in the staff report and agrees with all but two. Concerning Condition 2, he introduced Exhibit "5". They will perform additional work with lots 31 and 32 to ensure reasonable building lots. They do have sufficient room to adjust the lot sizes. Condition 3 addresses open space, and he believes they meet the open space requirement as they need 52,700 square feet and have provided 53,000 square feet. They also propose recreational amenities and pathways and trails through the development in addition to the sidewalk system. They will have two formal playground areas to include a location at the southeast corner. They will provide a recreational component rather than pay the fee in lieu. They will discharge no stormwater off site. Along 3`d Street they will construct curb, gutter, and sidewalk on one side and will widen the pavement to 24 feet. JEFF SCHRAMM, traffic engineer, appeared and testified that he had prepared the TIA. BETH JORGENSON appeared and expressed concerns regarding 105th Avenue as closure will create a dark area at the western end of the plat. The applicant proposes a well planned development, but it is totally out of character with the area. The subdivision proposes 6,000 square foot lots as opposed to the five acre lots in the area. The new residents will really impact the area. She recognizes the development complies with the zone. Concerning the TIA, she feels the traffic will create a greater impact than shown in the analysis as the report does not identify impacts to pedestrians and bicycles. She recommended the widening of 105th at the western end to allow two way traffic to Mill Road. She introduced Exhibit "6", her letter. The project proposes a looped road system as opposed to a grid design. The applicant should not recognize the density requested until a public road extends to the west. Her driveway is located 60 feet from the intersection of 105th and Clark Road. She did not see a notice posted on the site. -3- SHERRY SPIVEY appeared and questioned the date of the traffic counts. No one can go through the intersection in nine seconds. Buses and parents picking up children clog up the Clark/SR-507 intersection and no one can make a left turn except on a red light. They might have taken the traffic counts when school was out. A sight distance problem exists at the intersection of Clark Road and 1051h. The property to the west is in the County and not the City. She questioned whether the applicant will widen Clark Road when they develop the subdivision. Traffic now has to pull out from 105th to see to the north on Clark Road. 105th serves as a private driveway to the west and she recognizes the necessity to close it. However, the City should require the applicant to fix all roads before building homes. BUFFY CLARK appeared and testified that she owns the house on the hill above the road closure area. The area is dark and the last thing the City needs is the closure of a cross street. The City needs no more cul-de-sacs and should open the road as opposed to closing it. People walk along the road now and will continue to do so. She would like to see sidewalks constructed as she has children. 105th is a dangerous road as people race along it. Only one small house is available to watch what is going on. She does not believe the City can enforce the law. MARY LOVETTE appeared and testified that closing 105th will increase the time for emergency vehicle access as these vehicles frequently use the road. It becomes a health, safety, and welfare issue. She leaves her home at 5:00 a.m. and traffic is horrible even then. Adding new homes and traffic will create bigger problems not addressed by the proposal. She agrees that closing the road will create an attractive nuisance. It is not fair to the neighbors to close the road. Most have lived on the south side of the road for many years and the closure will impact their lives. They will also hear substantial noise from children residing in the subdivision, and the applicant needs to consider downsizing the project to 50 homes. Reappearing was MS. JORGENSON who testified that the play area for the plat is located across the street from her home in the corner and it should be in the center of the development. Plat residents will then hear the noise and not her and other property owners. CRAIG STEEPY reappeared and testified that they must widen 105th and will include streetlighting from Clark Road to the dead end. Law enforcement states that a good crime deterrent is a well lit area. Improvements will include a fence across the frontage of the plat which will block all activities occurring on the plat property to the south and east. No balls will enter the street and he has no concerns regarding the safety of the play area. MR. SCHRAMM reappeared and testified that the focus of the TIA started during meetings with City staff and they took special care to address the City's concern. The City told them that 105"' to the west is an existing concern and they did not want to add any traffic to the -4- west over the substandard road. They then looked at where the traffic would go, and all traffic mitigation reflected the traffic away from 105th to the west. MR. STEEPY then testified that they analyzed 105th opened and closed. The applicant does not propose the closure, but the City does based upon the TIA. MR. SCHRAMM then testified that frontage improvements will include widening and sidewalks and the widening of the Clark/105th intersection. This will add stacking room for cars and should not impact driveways. The City wanted a two way connection to the north and they have provided two-way traffic via 3`~. More accesses allow greater disbursement and better circulation. He recognizes the area-wide congestion and looked at the impact of 97 lots during the p.m. peak hour between 4:00 and 6:00 p.m. They identified the routes traffic would take from the development and performed traffic counts while school was in session with the exception of one intersection. The school peak period occurs before the normal peak period. They focused on the highest traffic along the highway and all mitigation is based on the high traffic period. They will pay approximately $75,000 to help fund area-wide traffic facilities. Concerning time periods, during the peak period it will take nine seconds to make the left turn from 105th onto Clark. The actual time could vary between one second and 20 seconds. At the intersection of Clark and Yelm Highway they consider the delay for a signalized intersection. Side streets experience a higher level of delay than does the main line. Adding the plat traffic to the intersection will not lower the intersection below City standards. To continue EVA response down 105"' they want to sign the road "Local Traffic Only" and erect an appropriate barricade which would discourage drivers from going west on 105th versus prohibiting such travel. They identified the need to direct traffic away from 105th to the north and east. He observed traffic at the Clark/105m intersection himself at two different periods. He counted between 65 and 70 trips north of 105th in both directions during the p.m. peak period. They ordinarily do not perform an average daily trip count, but in this case it would amount to 650 to 700 average daily trips. Thirteen cars made a right turn onto 105th and eight a left turn from 105th. The intersection will still operate at Level of Service A following completion of the subdivision. MR. BECK reappeared and testified that the City wants 105th closed as the addition of even one car would create an unacceptable safety hazard. Fixing 105`h would be expensive and is not on the City's six year TIP. The applicant's proposal would discourage, but would not prohibit traffic. The applicant's road system is not a closed loop and factored heavily in the decision to close 105th. GMA requires the City to ensure that projects meet the target density. The City has placed the parcel in its least dense zone classification. The City requires all traffic improvements completed before final plat approval. The building official posted the property last week. Reappearing was MR. STEEPY who testified that they published notice in the paper and very early on he hosted an informal neighborhood meeting to discuss the project. They tried to address the neighborhood's concerns and made extra efforts to notify residents of -5- the plans and listen to their concerns. MS. MERRIMAN reappeared and stated that sidewalks will extend north up to 3`d Avenue. MS. SPIVEY reappeared and testified that the other side of Clark Road is in the County and she questioned whether the County agreed with the proposed traffic measures. MR. STEEPY reappeared and testified that the County recommended conditions of approval requiring the provision of sight distance at the intersection, but the City had already included these conditions. The County also wanted the undersection lit which they have already agreed to do. The intersection will meet County expectations. JERRY BROWN appeared and expressed concerns regarding the Mill Road/105'h intersection. Drivers will make a right turn on Mill which will heavily impact that road especially since it has no sidewalks. Such will create a safety issue. No sidewalks will be constructed on Clark which is in the County. It takes 20 minutes to drive from his clinic across Yelm Avenue. Too many people try to get through Yelm. He questioned whether the City hired an outside expert to evaluate the TIA. SCOTT DEMICH appeared and testified that Clark Road does not front the development, but the applicant should be responsible for safety on that road. They have no place to ride bikes now and will need a sidewalk or something. MARY LOVETTE reappeared and testified that the traffic engineer took counts between two school times. The elementary school dismisses at 3:30 p.m. and the junior high and high school at 2:15 p.m. At 3:00 p.m. the school generates no traffic. At peak period it takes 30 minutes to get through the intersection. They need an overall study. MS. JORGENSON reappeared and testified that the County said to widen 105'. They are looking at the widening to the west. BUFFY CLARK reappeared and ascertained that the traffic counts do not include pedestrians. Clark Road measures 10 to 15 feet and is too narrow. Mirrors of buses and trucks are close. She would like the City to count pedestrians on Clark Road in hopes that we will not have an injury before sidewalks. Concerning the intersection of Mosman and 3`d, no sidewalks extend to SR-507. The City should add sidewalks at its earliest opportunity. A left turn light is needed at the Clark/507 intersection. MR. BECK reappeared and testified that he did not ignore the comments of citizens, but the City must determine what it can require an applicant to do. The City must show a nexus between the development and the impacts. Clark Road is under capacity and this subdivision will not affect the capacity. The TIA shows other intersections operating at LOS A and TIAs prepared by other projects agree. City standards allow LOS D for all -6- intersections controlled by traffic lights. The City engineer reviewed the TIA and agreed with its conclusions. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:55 a.m. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS. CONCLUSIONS AND DECISION: FINDINGS: The Hearing Examiner has admitted documentary evidence into the record, viewed the property, heard testimony, and taken this matter under advisement. 2. A Mitigated Determination of Nonsignificance was issued on December 26, 2003. An appeal of said SEPA Determination was filed with the City on January 14, 2004, by Dr. Lee Anne Campbell. 3. Public Notice of the date and time of the Public Hearing was posted on the project site, mailed to property owners within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on February 13, 2004, and advertised in the local newspaper on February 20, 2004. 4. The applicant has a possessory ownership interest in a 24.16 acre, roughly rectangular parcel of property abutting the north side of 105th Avenue SE and the south side of the Prairie View single family residential subdivision. The applicant requests preliminary plat approval to allow subdivision of the site into 97 single family residential lots. 5. The parcel abuts 105th Avenue for a distance of 1,993 feet and measures 623 feet in depth. Internal plat roads having two accesses onto 105th Avenue and one access onto 3`d Street SE at the south end of the Prairie View subdivision will provide access to all 97 lots. The central area of the site will support the storm drainage system. Proposed on-site amenities include four rectangular open space areas in the southeast and southwest corners and anorth/south trail extending from 105th Avenue to the sidewalks in 3`d St. SE and north central area, through the central portion of the plat. 6. The parcel was previously used for either agricultural purposes or grazing, and vegetation is limited to grasses and fir trees located mainly in the center of the parcel. Conditions of approval provide for retention of as many trees as possible. -~- Development of the plat will require removal of the former owner's single family residential dwelling, but said owner will construct a new house on one of the plat lots and will continue to reside on the site. 7. Abutting uses include the Prairie View single family residential subdivision and homes on large lots to the north; a duplex development, vacant property, and a shop to the west; single family residential homes on large lots to the south across 105th Avenue; and unincorporated Thurston County to the east. 8. The parcel is located within the Low Density Residential (R4) zone classification of the Yelm Municipal Code (YMC). Parcels abutting the west portion of the north property line, the west portion of the south property line within the City of Yelm are all within the R4 classification. Parcels abutting the east and the eastern portion of the north and south property lines are located in the Rural Residential zone classification of unincorporated Thurston County which authorizes one dwelling unit per five acres. Cochrane Park is located approximately 120 feet to the northwest of the parcel. Section 17.12.020 YMC authorizes single family residential dwellings within the R4 classification at a density not exceeding four dwelling units per gross area. The project is consistent with the density provisions of the R4 classification and the average lot size will measure 6,000 square feet. 9. Residents of the area object to approval of the plat based primarily upon the impacts of plat generated traffic on City streets and intersections. Dr. Lee Ann Campbell appealed the issuance of the Mitigated Determination of Nonsignificance issued by the City Environmental Official following review in accordance with the State Environmental Policy Act (SEPA).which imposed a number of traffic mitigating measures. Dr. Campbell objects primarily to the closure of 105th Avenue at Mill Road and also believes that the project will generate more traffic than estimated by the applicant's traffic engineer. 10. As previously found, the site will have two accesses onto 105"' Avenue which has adequate pavement width and sight distance from the parcel's west property line to its intersection with Clark Road. Prior to final plat approval the City will require the applicant to close 105th Avenue SE at Mill Road. The closure will require all plat traffic using 105th to travel east to Clark Avenue which provides access to the north to SR-507 at a signalized intersection. Plat traffic may also travel north on 3`~ St. S. through the Prairie View subdivision and access SR-507 to the north. Traffic may also turn left from 3~d onto Mosman Avenue and access SR-507 southwest of the downtown area. 11. The applicant prepared two traffic impact analyses (TIA), one showing the impacts with 105th Avenue closed and the other with 105th Avenue remaining open to Mill Road in its present condition. The TIA accepted by the City estimates that the plat -s- will generate 928 average daily trips, 98 of which will occur during the p.m. peak period. Fifty-four peak period trips will either access or leave the site via the 105th/Clark Road route (55%). The balance of 44 trips (44%) will enter and exit the site from 3`d Street. The TIA estimates that of the 16 trips existing the site via 3`d Street four will continue on 3`d Street to SR-507 and 12 will turn left onto Mosman to access SR-507. 12. The City required the applicant to study eight intersections within the City, three of which are controlled by traffic signals and five of which are unsignalized. The TIA shows that plat traffic will not cause a reduction in level of service at any intersection. The signalized intersection of 1St St. SE/Yelm Avenue will have an increased delay from 42.4 seconds without the project to 47.5 seconds with the project, but the intersection will not fall below Level of Service (LOS) D, the City standard. The northbound movement at the intersection of Yelm Avenue and SW Longmire Street, an unsignalized intersection, will have an increased delay from 52.5 seconds to 55.7 seconds per vehicle. Said movement operates presently at LOS F and will continue to do so upon buildout of the project. In addition to the above intersections, residents also expressed significant concern regarding the ability to access Clark Road from 105th Avenue. Mitigating measures require the applicant to provide a two lane approach (right turn lane, left turn lane) on 105th at said intersection. Residents also expressed concern that Clark Road does not meet current City standards. The TIA performed in late 2003 shows a total of 62 trips during the peak period passing through the Clark Road/105th Avenue intersection. As previously found, the TIA anticipates that 54 plat generated trips will use said intersection which will raise the traffic volume to 116 trips during the peak period, an increase of 87%. However, 116 trips during the peak period calculates to approximately one vehicle every 30 seconds. The intersection will therefore continue operating at its present LOS A. Clark Road is a two lane roadway with 10- 11 foot travel lanes and 2-4 foot wide gravel/grass shoulders between 105"' and SR- 507. The City classifies Clark Road as a neighborhood collector which requires two, 10 foot wide, travel lanes and is intended to accommodate between 500 and 6,000 vehicle trips per day. The subdivision will generate approximately 540 new daily trips on Clark Road, well within the neighborhood center standard. The Yelm Transportation Plan described Clark Road as a Class IV bike path which means that bicyclists and motorists share travel lanes. The plan proposes no additional widening of Class IV bike paths. 13. The City of Yelm Environmental Official issued a Mitigated Determination of Nonsignificance (MDNS) pursuant to review under the State Environmental Policy Act (SEPA) and imposed the following mitigating measures: A. Payment of the transportation facility charge of $757.50 per dwelling unit to mitigate overall transportation impacts. -9- B. Improvement of the northern half of 105th Avenue from Clark Road to the west property line. C. Block 105th Avenue at Mill Road and allow no through access. D. Improve 3~d Avenue from the north property line to Yelm Avenue East with curbs and gutters, and connect plat sidewalks to the sidewalks in the Prairie View subdivision. E. Improve 3`~ Avenue between the proposed subdivision and Mosman Street to a 24 foot wide, asphalt, driving surface with vertical concrete curbs on both sides and "No Parking" signage. F. Improve 3`d Avenue from Mosman Street to Yelm Avenue, and improvement of Mosman Street from 3~d Street to 1St Street to a 24 foot wide driving surface with two foot shoulders. G. Ensure entering and stopping sight distance exists at the intersection of Clark Road and 105th Avenue in accordance with Yelm Development Guidelines and AASHTO specifications. 14. The above described traffic mitigation measures will ensure that the applicant satisfies its requirements to mitigate the impacts of subvidision traffic on City streets and intersections. The applicant will also construct internal plat roads to City standards, will install curb, gutters, and sidewalks on each side, and will provide a north/south connection between 3`d Avenue and 105th Avenue. The plat makes appropriate provision for streets, roads, alleys, and other public ways. 15. Chapter 14.12 YMC requires that the applicant dedicate a minimum of 5% of the gross site area as open space or pay a fee in lieu of providing the open space when park facilities exist near the development. The applicant may not include storm water retention and detention areas as open space, and signage areas proposed at the entrances to the plat likewise do not meet open space qualifications. However, the applicant asserts that improved parks within the subdivision will equal more than the minimum required open space and thus no fee in lieu payment is required. Prior to final plat approval the applicant must establish that the open space area meets the requirements of the YMC. Since Cochrane Park is located a short distance from the subdivision and is accessed by sidewalks via Parkview Loop in Prairie View, the applicant may also pay a fee in lieu if the plat parks do not meet the open space requirements. Residents raised concerns regarding the location of one park in the southeast corner of the site. However, the applicant will fence the park and provide tot lot improvements for small children. Older children residing in -10- the plat will likely elect to use Cochrane Park. The applicant will install a six foot high fence adjacent to 105' Avenue which will mitigate noise generated by children playing in the park. In addition to the open space in the southeast and southwest corners, the applicant proposes anorth/south linear trail through the center of the site and two additional open space areas in the northcentral portion of the site. The plat makes appropriate provision for open spaces, parks and recreation, and playgrounds. 16. Conditions of approval require that the applicant enter into a school mitigation agreement with the Yelm School District to offset the impacts on the district of school aged children residing in the plat. The mitigation agreement required by the MDNS will ensure that the plat makes appropriate provision for schools and school grounds. 17. The City of Yelm will provide domestic water, fire flow, and sanitary sewer service to the site. Fire Station No. 21 located on Mill Road is in reasonable proximity of the site and can provide timely emergency vehicle service. The plat makes appropriate provision for potable water supplies, sanitary waste, and fire protection. 18. The applicant must construct the storm water drainage system to City of Yelm requirements which set forth the criteria for treating and controlling runoff from impervious surfaces. The applicant has submitted a preliminary storm water report that provides a conceptual design for treatment and storage of stormwater. Compliance with City standards will ensure that the plat makes appropriate provision for drainage ways. 19. The applicant must satisfy all requirements of City Codes addressing street lighting and landscaping. 20. Dr. Campbell's environmental appeal asserts that the TIA deflates the number of vehicle trips that the subdivision will generate. However, she did not provide any authority for the assertion, and the TIA estimated the number of vehicle trips using the Institute of Transportation Engineers (ITE) Trip Generation Manual Sixth Edition 1997, a recognized authority. Dr. Campbell also asserts that the City has not measured the impact to pedestrians, bicycles, and the neighborhood, especially considering the congestion on Yelm Avenue, Clark Road, Mill Road, and 105' Avenue. As previously found, City plans do not propose widening Clark Road for bicycle lanes, and no impacts will occur on Mill Road following the closure of 105th Avenue. The applicant acknowledges the congestion at the intersection of Yelm Avenue and Clark Road, but again studies based upon expert publications show that the preliminary plat traffic will not overly impact said existing congestion. While the applicant must mitigate its impacts, it has no responsibility for correcting existing deficiencies. Speeding problems are addressed by the Police Department. Finally, -11- the applicant did not propose closing 105' Avenue. Such was a City decision based upon the grossly inadequate road between the parcel's west property line and Mill Road. The City properly determined that no additional traffic could use said route due to safety concerns. The applicant will install a street light at the intersection of the westernmost plat access onto 105"' Avenue which should alleviate many of the concerns regarding darkness and illegal activity. Furthermore, the addition of 97 new families and their attendant activities will serve to discourage such illegal activities. Dr. Campbell has not shown that the environmental official erred in issuing the MDNS. CONCLUSIONS: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the request for preliminary plat approval is consistent with the City of Yelm Comprehensive Plan and satisfies all criteria of the R4 zone classification. 3. The applicant has established that the request for preliminary plat approval satisfies all criteria set forth in Chapter 16.12 YMC and specifically Section 16.12.170 YMC. The applicant has shown that the proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4. The applicant has shown that public facilities impacted by the subdivision can adequately serve the subdivision concurrent with its development. 5. In reviewing a determination to issue an MDNS by the Environmental Official, the Examiner is bound by the following: A. RCW 43.21 C.075(3)(d): "If an agency has a procedure for appeals of agency environmental determinations made under this chapter such procedure shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight. B. WAC 197-11-680(3)(VII): Agencies shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight. The case of Hayden v. Port Townsend, 93 Wn. 2d 870 (1980) holds that a hearing -12- examiner's standard of review for a MDNS appeal is "clearly erroneous". A finding is "clearly erroneous" when although there is evidence to support it the Examiner is left with the definite and firm conviction that the environmental official made a mistake. The burden is on the appellant to show that the environmental official's decision is clearly erroneous. The Examiner has reviewed the appeal of the issuance of the MDNS and finds that the appellant has not satisfied her burden of proof of establishing that the environmental official's decision to issue an MDNS was clearly erroneous. The recommended conditions of approval will mitigate possible adverse environmental impacts. 6. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to the Yelm downtown area as well as to schools and parks. Therefore, the proposed preliminary plat should be approved subject to the following conditions: Lot Sizes and Setbacks: 1. Corner lots shall place driveways, and direct house fronts as follows: Lot # 1 -Driveway faces north, house fronts north Lot #23 -Driveway faces north, house fronts north Lot #39 -Driveway faces east, house fronts south Lot #40 -Driveway faces west, house fronts south Lot #79 -Driveway faces north, house fronts west Lot #83 -Driveway faces south, house fronts west 2. Applicant shall either reconfigure Lot # 31, and #32, or show construction plans for a residence that can meet the setback requirements. Open Space 3. Applicant shall submit a final improvement plan for the open space. The open space improvements shall demonstrate compliance with Chapter 16.14.050. 4. Applicant shall pay a fee in-lieu-of for the difference between provided qualified open space, and the required open space amount. Transportation 5. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Improvements required shall include the frontage on 105'h Ave. SE, 3~d Street SE, and Mosman Street as described in the MDNS. 6. Internal streets within the subdivision will be constructed per Yelm Development Guidelines for Local Access Residential. Provisions to this -13- detail will be made for the creation of "bulb-outs" where the pedestrian accesses cross the internal streets. 7. The applicant shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. Credit for the existing dwelling shall be given. The applicant will be responsible for a TFC of $757.50 per unit which is payable at time of building permit issuance, unless previously credited towards traffic related improvements. Water 8. The applicant shall connect to the City's water system. There is an existing water main located on 105th Ave. SE, that is located along a portion of the frontage of this property. This main shall be extended to run the entire frontage of this site on 105th Ave. SE. 9. Water connection fees are charged at the current rate of $1,500 per connection, (fee subject to change) payable at building permit issuance. 10. All open space areas and planting strips not located with 75' of a hose spigot, shall have an irrigation system with a separate water meter(s). The applicant shall submit a final landscape and irrigation plan with civil plan submission. 11. The waterline easement that bisects the property shall be preserved by locating open space over the easement area and protected during construction operations. 12. The existing waterline connection to 3~d St. must be relocated to the proposed public roadway within the subdivision. This waterline is currently located within lot 40 and the adjacent open space. Wastewater 13. The applicant shall connect to the City's S.T.E.P. System. 14,. Sewer connection fees are charged at the current rate of $5,269.00 per connection (fee subject to change) payable at building permit issuance. All connections require an inspection, with a fee of $145.00 per connection, also payable at building permit issuance. 15. The applicant shall provide proof of sewer basin distribution, to be approved by the City, during civil plan review. -14- stormwater 16. The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP's) are required during construction. 17. The applicant shall compile a final storm water report along with construction drawings. 18. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. 19. The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. 20. The stormwater system shalt be held in common by the Homeowners Association. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. Fire Protection 21. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans prior to final subdivision approval. 22. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. Street Lighting 23. Per the City of Yelm's Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. Plat name and addressing 24. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing plat map for approval. SEPA -15- 25. The applicant shall comply with the mitigation requirements of the MDNS issued on December 26, 2003. Mitigation includes: 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 1.01 p.m. peak hour trips per residential unit. The applicant will be responsible for a TFC of $757.50 per unit, which is payable at time of building permit issuance. Prior to final subdivision approval, the applicant shall a. Improve the northern half of 105`h Ave. SE from Clark Road to the western property line b. The right-of-use portion of 105' Ave. SE shall be blocked with no through access c. 3`~ Street shall be improved from the proposed development to Yelm Avenue East, and; d. Mosman Street shall be improved from 3~d Street to Hwy 507. e. Tree losses shall be mitigated by a 2 to 1 replacement. f. Open Space Fee in-lieu-of payment for difference of qualified open space. g. School District Mitigation Agreement shall be required prior to final plat approval. Landscaping 26. Prior to any land clearing, a site plan including the location of all trees to be retained and removed (exceeding 8 inches in diameter) must be reviewed and approved by the Community Development Department. Tree losses shall be mitigated by planting at least a 2 to 1 mix of evergreen (70%) and deciduous trees (30%), with a minimum of a 2-inch caliper measured at 4 feet from the ground, around the perimeter of the storm pond areas, and in the qualified open space areas. Trees to remain must be protected during construction pursuant to Chapter 14.16 YMC. 27. The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space, and stormwater facilities. -16- DECISION: The request for preliminary plat approval of Yelm Terra is hereby granted subject to the conditions contained in the conclusions above. The environmental appeal of Dr. Lee Anne Campbell is hereby denied. ORDERED this 22"d day of March, 2004. E K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 22"d day of March, 2004, to the following: APPLICANT: Yelm Terra, LLC 4200 6th Avenue, Suite 301 Lacey, WA 98503 AGENT: SCA Consulting Group P.O. Box 3485 Lacey, WA 98509 APPELLANT: Dr. Lee Anne Campbell 15715 - 105th Avenue Yelm, WA 98597 OTHERS: Roberta B. Longmire Beth Jorgenson Sherry A. Spivey R. Houx Mary K. Lovette Rosemary Demich Tom Longmire Judy Scheible Jan Loutzenhiser Jeff Schramm City of Yelm P.O. Box 499 15939 105th Way SE 11215 Clark Road 15809 105th Way, P.O. Box 623 15823 105th Way SE P.O. Box 577 P.O. Box 1869 10630 Mill Road SE 10339 - 3~d St. SE 16625 Redmond Way #M-323 -17- Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Redmond, WA 98052 Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 -ls- CASE NO.: YELM TERRA SUBDIVISION, SUB-03-8353-YL - APPEAL OF MITIGATED DETERMINATION OF NON- SIGNIFICANCE SUB-03-8353-YL APL-04-0005-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: 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 April 5, 2004 (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. -19- 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). 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Internet access to delivery information is nat available on mail addressed to APOs and FPOs. OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: YELM TERRA SUBDIVISION, SUB-03-8353-YL APPEAL OF MITIGATED DETERMINATION OF NON-SIGNIFICANCE SUB-03-8353-YL APL-04-0005-YL APPLICANT: Yelm Terra, LLC 4200 6t"Avenue SE, Ste. 301 Lacey, WA 98503 AGENT: SCA Consulting Group P.O. Box 3485 Lacey, WA 98509 APPELLANT: Dr. Lee Anne Campbell 15715 - 105th Avenue Yelm, WA 98597 SUMMARY OF REQUEST: The applicant is proposing to subdivide approximately 24.25 acres into 97 single family residential lots. The property is zoned R-4 Low Density Residential, which allows up to four dwelling units per acre. The site currently has an existing residence that will be demolished. SUMMARY OF APPEAL: Dr. Lee Anne Campbell appeals the issuance of a Mitigated Determination of Non- significance for a proposed 97 lot subdivision. Specifically, Dr. Campbell takes issued with the mitigation measure which requires the closure of 105th Avenue at Mill Road. SUMMARY OF RECOMMENDATION: It is hereby recommended to the Yelm City Council that the preliminary plat of Yelm Terra be approved subject to conditions. E It is further recommended that the environmental appeal of Dr. Lee Anne Campbell be -1- denied. PUBLIC HEARING: After reviewing Planning and Community Development 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 March 1, 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" - Planning and Community Development Staff Report and Attachments re: subdivision EXHIBIT " 2" - Planning and Community Development Staff Report and Attachments re: appeal EXHIBIT " 3" - Memorandum to Tami Merriman from Scott Davis, P.E. dated February 28, 2004 EXHIBIT "4" - Letter to Grant Beck from Thomas T. Longmire dated February 20, 2004 EXHIBIT "5" - Landscaping Plan dated September 29, 2003 EXHIBIT "6" - Letter to Hearing Examiner from Beth Jorgenson TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the subdivision includes four parks and that proper notice was given. The subdivision meets all City guidelines and all lots can accommodate homes which will meet setback requirements except possibly lots 31 and 32. The City would like to see building plans for those lots. The code requires that 5% of the plat remain as open space, and storm water ponds do not generally qualify as open space. The applicant must pay a fee in lieu of open space because a park is nearby. Staff has concerns regarding the old growth fir on the site as development may damage the root systems, and the City has requested a plan to show whether or not the trees may remain. If not, the applicant will replant on a 2:1 ratio for those removed. The requirement for an agreement with the Yelm School District was added to the MDNS. The Traffic Impact Analysis will require curb .~ and gutters on the roads to the north and wider lanes for the street. She then discussed the MDNS mitigation which includes the closure of 105th to the west. The driveways and -2- garages will accommodate two cars, and water and sewer will serve the site. They could need a second sewer line for the basin to the east. They will locate the storm water ponds in the center and all homes will have dry wells. The applicant must show acceptable sight distance for driveways from corner lots. GRANT BECK appeared and referred to letters in opposition. Thurston County analyzed the TIA and recommended two conditions of approval which the Examiner need not add as other proposed conditions and MDNS measures address the concerns. Concerning the boundary dispute, the applicant must resolve any such issues by the time of final plat approval. The preliminary plat, therefore, is subject to change. The code prohibits blocks longer than 660 feet and the street does not meet those standards. However, the applicant can add planter strips in the center of the street. CRAIG STEEPY appeared on behalf of the request and testified that the same family owned the property for many years and sold it to the applicant, but will build a home on one of the lots and continue to reside on the site. They studied traffic impacts quite extensively and prepared two TIAs. They have also studied the stormwater and utility issues extensively. He has reviewed the conditions in the staff report and agrees with all but two. Concerning Condition 2, he introduced Exhibit "5". They will perform additional work with lots 31 and 32 to ensure reasonable building lots. They do have sufficient room to adjust the lot sizes. Condition 3 addresses open space, and he believes they meet the open space requirement as they need 52,700 square feet and have provided 53,000 square feet. They alsa propose recreational amenities and pathways and trails through the development in addition to the sidewalk system. They will have two formal playground areas to include a location at the southeast corner. They will provide a recreational component rather than pay the fee in lieu. They will discharge no stormwater off site. Along 3`d Street they will construct curb, gutter, and sidewalk on one side and will widen the pavement to 24 feet. JEFF SCHRAMM, traffic engineer, appeared and testified that he had prepared the TIA. BETH JORGENSON appeared and expressed concerns regarding 105th Avenue as closure will create a dark area at the western end of the plat. The applicant proposes a well planned development, but it is totally out of character with the area. The subdivision proposes 6,000 square foot lots as opposed to the five acre lots in the area. The new residents will really impact the area. She recognizes the development complies with the zone. Concerning the TIA, she feels the traffic will create a greater impact than shown in the analysis as the report does not identify impacts to pedestrians and bicycles. She recommended the widening of 105th at the western end to allow two way traffic to Mill Road. She introduced Exhibit "6", her letter. The project proposes a looped road system as opposed to a grid design. The applicant should not recognize the density requested until a public road extends to the west. Her driveway is located 60 feet from the intersection of 105th and Clark Road. She did not see a notice posted on the site. -3- SHERRY SPIVEY appeared and questioned the date of the traffic counts. No one can go through the intersection in nine seconds. Buses and parents picking up children clog up the Clark/SR-507 intersection and no one can make a left turn except on a red light. They might have taken the traffic counts when school was out. A sight distance problem exists at the intersection of Clark Road and 105th. The property to the west is in the County and not the City. She questioned whether the applicant will widen Clark Road when they develop the subdivision. Traffic now has to pull out from 105`h to see to the north on Clark Road. 105th serves as a private driveway to the west and she recognizes the necessity to close it. However, the City should require the applicant to fix all roads before building homes. BUFFY CLARK appeared and testified that she owns the house on the hill above the road closure area. The area is dark and the last thing the City needs is the closure of a cross street. The City needs no more cul-de-sacs and should open the road as opposed to closing it. People walk along the road now and will continue to do so. She would like to see sidewalks constructed as she has children. 105"' is a dangerous road as people race along it. Only one small house is available to watch what is going on. She does not believe the City can enforce the law. MARY LOVETTE appeared and testified that closing 105`h will increase the time for emergency vehicle access as these vehicles frequently use the road. It becomes a health, safety, and welfare issue. She leaves her home at 5:00 a.m. and traffic is horrible even then. Adding new homes and traffic will create bigger problems not addressed by the proposal. She agrees that closing the road will create an attractive nuisance. It is not fair to the neighbors to close the road. Most have lived on the south side of the road for many years and the closure will impact their lives. They will also hear substantial noise from children residing in the subdivision, and the applicant needs to consider downsizing the project to 50 homes. Reappearing was MS. JORGENSON who testified that the play area for the plat is located across the street from her home in the corner and it should be in the center of the development. Plat residents will then hear the noise and not her and other property owners. CRAIG STEEPY reappeared and testified that they must widen 105th and will include streetlighting from Clark Road to the dead end. Law enforcement states that a good crime deterrent is a well lit area. Improvements will include a fence across the frontage of the plat which will block all activities occurring on the plat property to the south and east. No balls will enter the street and he has no concerns regarding the safety of the play area. MR. SCHRAMM reappeared and testified that the focus of the TIA started during meetings with City staff and they took special care to address the City's concern. The City told them -4- that 105th to the west is an existing concern and they did not want to add any traffic to the west over the substandard road. They then looked at where the traffic would go, and all traffic mitigation reflected the traffic away from 105th to the west. MR. STEEPY then testified that they analyzed 105th opened and closed. The applicant does not propose the closure, but the City does based upon the TIA. MR. SCHRAMM then testified that frontage improvements will include widening and sidewalks and the widening of the Clark/105th intersection. This will add stacking room for cars and should not impact driveways. The City wanted a two way connection to the north and they have provided two-way traffic via 3~d. More accesses allow greater disbursement and better circulation. He recognizes the area-wide congestion and looked at the impact of 97 lots during the p.m. peak hour between 4:00 and 6:00 p.m. They identified the routes traffic would take from the development and performed traffic counts while school was in session with the exception of one intersection. The school peak period occurs before the normal peak period. They focused on the highest traffic along the highway and all mitigation is based on the high traffic period. They will pay approximately $75,000 to help fund area-wide traffic facilities. Concerning time periods, during the peak period it will take nine seconds to make the left turn from 105th onto Clark. The actual time- could vary between one second and 20 seconds. At the intersection of Clark and Yelm Highway they consider the delay for a signalized intersection. Side streets experience a higher level of delay than does the main line. Adding the plat traffic to the intersection will not lower the intersection below City standards. To continue EVA response down 105' they want to sign the road "Local Traffic Only" and erect an appropriate barricade which would discourage drivers from going west on 105th versus prohibiting such travel. They identified the need to direct traffic away from 105t" to the north and east. He observed traffic at the Clark/105tn intersection himself at two different periods. He counted between 65 and 70 trips north of 105th in both directions during the p.m. peak period. They ordinarily do not perform an average daily trip count, but in this case it would amount to 650 to 700 average daily trips. Thirteen cars made a right turn onto 105th and eight a left turn from 105th. The intersection will still operate at Level of Service A following completion of the subdivision. MR. BECK reappeared and testified that the City wants 105th closed as the addition of even one car would create an unacceptable safety hazard. Fixing 105"' would be expensive and is not on the City's six year TIP. The applicant's proposal would discourage, but would not prohibit traffic. The applicant's road system is not a closed loop and factored heavily in the decision to close 105th. GMA requires the City to ensure that projects meet the target density. The City has placed the parcel in its least dense zone classification. The City requires all traffic improvements completed before final plat approval. The building official posted the property last week. Reappearing was MR. STEEPY who testified that they published notice in the paper and very early on he hosted an informal neighborhood meeting to discuss the project. They -5- tried to address the neighborhood's concerns and made extra efforts to notify residents of the plans and listen to their concerns. MS. MERRIMAN reappeared and stated that sidewalks will extend north up to 3~d Avenue. MS. SPIVEY reappeared and testified that the other side of Clark Road is in the County and she questioned whether the County agreed with the proposed traffic measures. MR. STEEPY reappeared and testified that the County recommended conditions of approval requiring the provision of sight distance at the intersection, but the City had already included these conditions. The County also wanted the undersection lit which they have already agreed to do. The intersection will meet County expectations. JERRY BROWN appeared and expressed concerns regarding the Mill Road/105'h intersection. Drivers will make a right turn on Mill which will heavily impact that road especially since it has no sidewalks. Such will create a safety issue. No sidewalks will be constructed on Clark which is in the County. It takes 20 minutes to drive from his clinic across Yelm Avenue. Too many people try to get through Yelm. He questioned whether the City hired an outside expert to evaluate the TIA. SCOTT DEMICH appeared and testified that Clark Road does not front the development, but the applicant should be responsible for safety on that road. They have no place to ride bikes now and will need a sidewalk or something. MARY LOVETTE reappeared and testified that the traffic engineer took counts between two school times. The elementary school dismisses at 3:30 p.m. and the junior high and high school at 2:15 p.m. At 3:00 p.m. the school generates no traffic. At peak period it takes 30 minutes to get through the intersection. They need an overall study. MS. JORGENSON reappeared and testified that the County said to widen 105'. They are looking at the widening to the west. BUFFY CLARK reappeared and ascertained that the traffic counts do not include pedestrians. Clark Road measures 10 to 15 feet and is too narrow. Mirrors of buses and trucks are close. She would like the City to count pedestrians on Clark Road in hopes that we will not have an injury before sidewalks. Concerning the intersection of Mosman and 3'd, no sidewalks extend to SR-507. The City should add sidewalks at its earliest opportunity. A left turn light is needed at the Clark/507 intersection. MR. BECK reappeared and testified that he did not ignore the comments of citizens, but the City must determine what it can require an applicant to do. The City must show a nexus between the development and the impacts. Clark Road is under capacity and this subdivision will not affect the capacity. The TIA shows other intersections operating at LOS -6- A and TIAs prepared by other projects agree. City standards allow LOS D for all intersections controlled by traffic lights. The City engineer reviewed the TIA and agreed with its conclusions. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:55 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, viewed the property, heard testimony, and taken this matter under advisement. 2. A Mitigated Determination of Nonsignificance was issued on December 26, 2003. An appeal of said SEPA Determination was filed with the City on January 14, 2004, by Dr. Lee Anne Campbell. 3. Public Notice of the date and time of the Public Hearing was posted on the project site, mailed to property owners within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on February 13, 2004, and advertised in the local newspaper on February 20, 2004. 4. The applicant has a possessory ownership interest in a 24.16 acre, roughly rectangular parcel of property abutting the north side of 105th Avenue SE and the south side of the Prairie View single family residential subdivision. The applicant requests preliminary plat approval to allow subdivision of the site into 97 single family residential lots. 5. The parcel abuts 105th Avenue for a distance of 1,993 feet and measures 623 feet in depth. Internal plat roads having two accesses onto 105th Avenue and one access onto 3`d Street SE at the south end of the Prairie View subdivision will provide access to all 97 lots. The central area of the site will support the storm drainage system. Proposed on-site amenities include four rectangular open space areas in the southeast and southwest corners and anorth/south trail extending from 105th Avenue to the sidewalks in 3`d St. SE and north central area, through the central portion of the plat. 6. The parcel was previously used for either agricultural purposes or grazing, and vegetation is limited to grasses and fir trees located mainly in the center of the -~- parcel. Conditions of approval provide for retention of as many trees as possible. Development of the plat will require removal of the former owner's single family residential dwelling, but said owner will construct a new house on one of the plat lots and will continue to reside on the site. 7. Abutting uses include the Prairie View single family residential subdivision and homes on large lots to the north; a duplex development, vacant property, and a shop to the west; single family residential homes on large lots to the south across 105th Avenue; and unincorporated Thurston County to the east. 8. The parcel is located within the Low Density Residential (R4) zone classification of the Yelm Municipal Code (YMC). Parcels abutting the west portion of the north property line, the west portion of the south property line within the City of Yelm are all within the R4 classification. Parcels abutting the east and the eastern portion of the north and south property lines are located in the Rural Residential zone classification of unincorporated Thurston County which authorizes one dwelling unit per five acres. Cochrane Park is located approximately 120 feet to the northwest of the parcel. Section 17.12.020 YMC authorizes single family residential dwellings within the R4 classification at a density not exceeding four dwelling units per gross area. The project is consistent with the density provisions of the R4 classification and the average lot size will measure 6,000 square feet. 9. Residents of the area object to approval of the plat based primarily upon the impacts of plat generated traffic on City streets and intersections. Dr. Lee Ann Campbell appealed the issuance of the Mitigated Determination of Nonsignificance issued by the City Environmental Official following review in accordance with the State Environmental Policy Act (SEPA).which imposed a number of traffic mitigating measures. Dr. Campbell objects primarily to the closure of 105th Avenue at Mill Road and also believes that the project will generate more traffic than estimated by the applicant's traffic engineer. 10. As previously found, the site will have two accesses onto 105th Avenue which has adequate pavement width and sight distance from the parcel's west property line to its intersection with Clark Road. Prior to final plat approval the City will require the applicant to close 105th Avenue SE at Mill Road. The closure will require all plat traffic using 105th to travel east to Clark Avenue which provides access to the north to SR-507 at a signalized intersection. Plat traffic may also travel north on 3`~ St. S. through the Prairie View subdivision and access SR-507 to the north. Traffic may also turn left from 3~d onto Mosman Avenue and access SR-507 southwest of the downtown area. 11. 'The applicant prepared two traffic impact analyses (TIA), one showing the impacts with 105th Avenue closed and the other with 105th Avenue remaining open to Mill -8- Road in its present condition. The TIA accepted by the City estimates that the plat will generate 928 average daily trips, 98 of which will occur during the p.m. peak period. Fifty-four peak period trips will either access or leave the site via the 105th/Clark Road route (55%). The balance of 44 trips (44%) will enter and exit the site from 3`d Street. The TIA estimates that of the 16 trips existing the site via 3`d Street four will continue on 3`d Street to SR-507 and 12 will turn left onto Mosman to access SR-507. 12. The City required the applicant to study eight intersections within the City, three of which are controlled by traffic signals and five of which are unsignalized. The TIA shows that plat traffic will not cause a reduction in level of service at any intersection. The signalized intersection of 1St St. SE/Yelm Avenue will have an increased delay from 42.4 seconds without the project to 47.5 seconds with the project, but the intersection will not fall below Level of Service (LOS) D, the City standard. The northbound movement at the intersection of Yelm Avenue and SW Longmire Street, an unsignalized intersection, will have an increased delay from 52.5 seconds to 55.7 seconds per vehicle. Said movement operates presently at LOS F and will continue to do so upon buildout of the project. In addition to the above intersections, residents also expressed significant concern regarding the ability to access Clark Road from 105th Avenue. Mitigating measures require the applicant to provide a two lane approach (right turn lane, left turn lane) on 105th at said intersection. Residents also expressed concern that Clark Road does not meet current City standards. The TIA performed in late 2003 shows a total of 62 trips during the peak period passing through the Clark Road/105th Avenue intersection. As previously found, the TIA anticipates that 54 plat generated trips will use said intersection which will raise the traffic volume to 116 trips during the peak period, an increase of 87%. However, 116 trips during the peak period calculates to approximately one vehicle every 30 seconds. The intersection will therefore continue operating at its present LOS A. Clark Road is a two lane roadway with 10- 11 foot travel lanes and 2-4 foot wide gravel/grass shoulders between 105t" and SR- 507. The City classifies Clark Road as a neighborhood collector which requires two, 10 foot wide, travel lanes and is intended to accommodate between 500 and 6,000 vehicle trips per day. The subdivision will generate approximately 540 new daily trips on Clark Road, well within the neighborhood center standard. The Yelm Transportation Plan described Clark Road as a Class IV bike path which means that bicyclists and motorists share travel lanes. The plan proposes no additional widening of Class IV bike paths. 13. The City of Yelm Environmental Official issued a Mitigated Determination of Nonsignificance (MDNS) pursuant to review under the State Environmental Policy Act (SEPA) and imposed the following mitigating measures: A. Payment of the transportation facility charge of $757.50 per dwelling unit to -9- mitigate overall transportation impacts. B. Improvement of the northern half of 105th Avenue from Clark Road to the west property line. C. Block 105th Avenue at Mill Road and allow no through access. D. Improve 3~d Avenue from the north property line to Yelm Avenue East with curbs and gutters, and connect plat sidewalks to the sidewalks in the Prairie View subdivision. E. Improve 3'~ Avenue between the proposed subdivision and Mosman Street to a 24 foot wide, asphalt, driving surface with vertical concrete curbs on both sides and "No Parking" signage. F. Improve 3`~ Avenue from Mosman Street to Yelm Avenue, and improvement of Mosman Street from 3`d Street to 1St Street to a 24 foot wide driving surface with two foot shoulders. G. Ensure entering and stopping sight distance exists at the intersection of Clark Road and 105th Avenue in accordance with Yelm Development Guidelines and AASHTO specifications. 14. The above described traffic mitigation measures will ensure that the applicant satisfies its requirements to mitigate the impacts of subvidision traffic on City streets and intersections. The applicant will also construct internal plat roads to City standards, will install curb, gutters, and sidewalks on each side, and will provide a northlsouth connection between 3`d Avenue and 105th Avenue. The plat makes appropriate provision for streets, roads, alleys, and other public ways. 15. Chapter 14.12 YMC requires that the applicant dedicate a minimum of 5% of the gross site area as open space or pay a fee in lieu of providing the open space when park facilities exist near the development. The applicant may not include storm water retention and detention areas as open space, and signage areas proposed at the entrances to the plat likewise do not meet open space qualifications. However, the applicant asserts that improved parks within the subdivision will equal more than the minimum required open space and thus no fee in lieu payment is required. Prior to final plat approval the applicant must establish that the open space area meets the requirements of the YMC. Since Cochrane Park is located a short distance from the subdivision and is accessed by sidewalks via Parkview Loop in Prairie View, the applicant may also pay a fee in lieu if the plat parks do not meet the open space requirements. Residents raised concerns regarding the location of one park in the southeast corner of the site. However, the applicant will fence the -ZO- park and provide tot lot improvements for small children. Older children residing in the plat will likely elect to use Cochrane Park. The applicant will install a six foot high fence adjacent to 105' Avenue which will mitigate noise generated by children playing in the park. In addition to the open space in the southeast and southwest corners, the applicant proposes anorth/south linear trail through the center of the site and two additional open space areas in the northcentral portion of the site. The plat makes appropriate provision for open spaces, parks and recreation, and playgrounds. 16. Conditions of approval require that the applicant enter into a school mitigation agreement with the Yelm School District to offset the impacts on the district of school aged children residing in the plat. The mitigation agreement required by the MDNS will ensure that the plat makes appropriate provision for schools and school grounds. 17. The City of Yelm will provide domestic water, fire flow, and sanitary sewer service to the site. Fire Station No. 21 located on Mill Road is in reasonable proximity of the site and can provide timely emergency vehicle service. The plat makes appropriate provision for potable water supplies, sanitary waste, and fire protection. 18. The applicant must construct the storm water drainage system to City of Yelm requirements which set forth the criteria for treating and controlling runoff from impervious surfaces. The applicant has submitted a preliminary storm water report that provides a conceptual design for treatment and storage of stormwater. Compliance with City standards will ensure that the plat makes appropriate provision for drainage ways. 19. The applicant must satisfy all requirements of City Codes addressing street lighting and landscaping. 20. Dr. Campbell's environmental appeal asserts that the TIA deflates the number of vehicle trips that the subdivision will generate. However, she did not provide any authority for the assertion, and the TIA estimated the number of vehicle trips using the Institute of Transportation Engineers (ITE) Trip Generation Manual Sixth Edition 1997, a recognized authority. Dr. Campbell also asserts that the City has not measured the impact to pedestrians, bicycles, and the neighborhood, especially considering the congestion on Yelm Avenue, Clark Road, Mill Road, and 105' Avenue. As previously found, City plans do not propose widening Clark Road for bicycle lanes, and no impacts will occur on Mill Road following the closure of 105th Avenue. The applicant acknowledges the congestion at the intersection of Yelm Avenue and Clark Road, but again studies based upon expert publications show that the preliminary plat traffic will not overly impact said existing congestion. While the applicant must mitigate its impacts, it has no responsibility for correcting existing -11- deficiencies. Speeding problems are addressed by the Police Department. Finally, the applicant did not propose closing 105' Avenue. Such was a City decision based upon the grossly inadequate road between the parcel's west property line and Mill Road. The City properly determined that no additional traffic could use said route due to safety concerns. The applicant will install a street light at the intersection of the westernmost plat access onto 105' Avenue which should alleviate many of the concerns regarding darkness and illegal activity. Furthermore, the addition of 97 new families and their attendant activities will serve to discourage such illegal activities. Dr. Campbell has not shown that the environmental official erred in issuing the MDNS. CONCLUSIONS: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the request for preliminary plat approval is consistent with the City of Yelm Comprehensive Plan and satisfies all criteria of the R4 zone classification. 3. The applicant has established that the request for preliminary plat approval satisfies all criteria set forth in Chapter 16.12 YMC and specifically Section 16.12.170 YMC. The applicant has shown that the proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4. The applicant has shown that public facilities impacted by the subdivision can adequately serve the subdivision concurrent with its development. 5. In reviewing a determination to issue an MDNS by the Environmental Official, the Examiner is bound by the following: A. RCW 43.21 C.075(3)(d): "If an agency has a procedure for appeals of agency environmental determinations made under this chapter such procedure shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight. B. WAC 197-11-680(3)(VII): Agencies shall provide that procedural determinations made by the responsible officia! shall be entitled to substantial weight. -12- The case of Hayden v. Port Townsend, 93 Wn. 2d 870 (1980) holds that a hearing examiner's standard of review for a MDNS appeal is "clearly erroneous". A finding is "clearly erroneous" when although there is evidence to support it the Examiner is left with the definite and firm conviction that the environmental official made a mistake. The burden is on the appellant to show that the environmental ofhcial's decision is clearly erroneous. The Examiner has reviewed the appeal of the issuance of the MDNS and finds that the appellant has not satisfied her burden of proof of establishing that the environmental official's decision to issue an MDNS was clearly erroneous. The recommended conditions of approval will mitigate possible adverse environmental impacts. 6. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to the Yelm downtown area as well as to schools and parks. Therefore, the proposed preliminary plat should be approved subject to the following conditions: RECOMMENDATION: It is hereby recommended to the Yelm City Council that the preliminary plat of Yelm Terra be approved subject to the conditions contained in the conclusions above. It is further recommended that the environmental appeal of Dr. Lee Anne Campbell be denied. ORDERED this 19th day of March, 2004. ~~ ~- ,, ~ ~ ~~r ly ~ STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 19th day of March, 2004, to the following: APPLICANT: Yelm Terra, LLC 4200 6th Avenue, Suite 301 Lacey, WA 98503 AGENT: SCA Consulting Group P.O. Box 3485 Lacey, WA 98509 -13- APPELLANT: OTHERS: Dr. Lee Anne Campbell 15715 - 105th Avenue Yelm, WA 98597 Roberta B. Longmire Beth Jorgenson Sherry A. Spivey R. Houx Mary K. Lovette Rosemary Demich Tom Longmire Judy Scheible Jan Loutzenhiser Jeff Schramm City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 P.O. Box 499 15939 105th Way SE 11215 Clark Road 15809 105th Way, P.O. Box 623 15823 105th Way SE P.O. Box 577 P.O. Box 1869 10630 Mill Road SE 10339 - 3`d St. SE 16625 Redmond Way #M-323 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Redmond, WA 98052 -14- CASE NO.: YELM TERRA SUBDIVISION, SUB-03-8353-YL - APPEAL OF MITIGATED DETERMINATION OF NON- SIGNIFICANCE SUB-03-8353-YL APL-04-0005-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: 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 April 2, 2004 (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. -15- 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. -16- Page 1 of 2 Christina Allen From: "Grant Beck" <grantb@ci.yelm.wa.us> To: "Christina Allen" <C.Allen@mcrilaw.com> Sent: Tuesday, March 02, 2004 10:50 AM Subject: Yelm Terra Christina - Steve had left the record open on the Yelm Terra prelimary subdivision in order for the Building Official to provide a declaration on the posting of the property and for the SEPA Appeallant to submit written comments. I FAX'ed the declaration of Gary Carlson to you yesterday and I informed Dr. Campbell of the offer, and she declined to offer addition written comments. I believe that the record is complete at this point. Thanks! Grant #############Y################# Grant Beck, Director City of Yelm Community Development Department Y.O. Box 479 Yelm, WA 98597 360.458.8408 360.458.3144 (FAX) grantbna,ci.yelm. wa. us -----Original Message----- From: Lee Anne Campbell [mailto:lacypd@ywave.com] Sent: Tuesday, March 02, 2004 7:48 AM To: grantb@ci.yelm.wa.us Cc: 'Vincent Shuck' Subject: RE: Yelm Terra Good Day Grant Thanks for your a-mail. 1 was told there was a good turnout. Additionally, I was assured all points were covered by community representatives. Is it necessary for me to give a written testimony since all my concerns were covered? I welcome your comments. Thanks Lee Anne -----Original Message----- From: Grant Beck [mailto:grantb@ci.yelm.wa.us] Sent: Monday, March O1, 2004 2:24 PM To: lacypd@ywave.com Subject: Yelm Terra Dr. Cambell - The Hearing Examiner noted this morning that you were unable to attend the hearing and indicated that he would keep the record open for you to provide any written testimony that you have in support of your appeal or comments on the subdivision application. If you wish to take this opportunity, it would help if you could let me know today or tomorrow along with the timeline for your comments. Sorry to have missed you this morning, and I'll talk to you soon. Grant 3/2/2004 • VISITOR SIGN IN SHEET Please sign in and indicate if you wish to speak at this meeting or to b~~ added to the mailing list to receive future agendas and minutes. ALL CITY HEARING EXAMINER MEETINGS ARE AUDIO TAPED. FOR INFORMATION ON OBTAINING A COPY PLEASE CALL YELM COMMUNITY DEVELOPMENT DEPARTMENT AT 360-458-3835 MEETING: YELM HEARING EXAMINER DATE: MARCH 1, 2004 TIME: 9:00 AM LOCATION: YELM PUBLIC WORKS Hearing: 1. Yelm Terra 97-Lot Subdivision, Case #SUB-03-8353-YL 2. Appeal of Mitigated Determination of Non-Significance for SUB-03-8353-YL, Case #APP-04-0005-YL NAME & ADDRESS MAILING LIST? /SPEAKER? (Indicate which public hearing by the assigned numbers above) ~, , .~ ~ ~ ~ z ~~s- l ~- f s ~ -r _~Gh ~-vu~Len~//,S~r Iy~~~y'-.~r~StS/_- /d'~ J~-~ ~~~~ I(n~zs- R~mor~ ~a~l ~~-~3 (~~,~~~,-A `I~r~s~ l ~-~ __ VISITOR SIGN IN SHEET Please sign in and indicate if you wish to speak at this meeting or to be added to the mailing list to receive future agendas and minutes. ALL CITY HEARING EXAMINER MEETINGS ARE AUDIO TAPED. FOR INFORMATION ON OBTAINING A COPY PLEASE CALL YELM COMMUNITY DEVELOPMENT DEPARTMENT AT 360-458-3835 MEETING: YELM HEARING EXAMINER DATE: MARCH 1, 2004 TIME: 9:00 AM LOCATION: YELM PUBLIC WORKS Hearing: 1. Yelm Terra 97-Lot Subdivision, Case #SUB-03-8353-YL 2. Appeal of Mitigated Determination of Non-Significance for SUB-03-8353-YL, Case #APP-04-0005-YL NAME & ADDRESS MAILING LIST? /SPEAKER? (Indicate which public hearing by the assigned numbers above) i' ~, t` ~ t'-v~ 'r4 ~ , ~ ~ ~...1-y-~ i r ~~, f' G 1°~ K '-I ~i ( ~-l ~ . ~ w~. `~ ~ ~~ /~~ ~ ~ l~ ~ ~~ C'~ ~~n~~mw\ ~t~6~s (:~clmvi~~ ~u~1~1 ~f~-3~3 ~~~ ~ ~,1~ `1~n ~~ I ~-Z ~~ O~ T>8~ ~~ 4 11~ ^YAiMIM07'ON FAX TRANSMISSION CITY OF YELM COMMUNITY DEVELOPMENT DEPARTMENT PO BOX 479 -105 YELM AVE W YELM WA 98597 (360) 458-3835 FAX: (360) 458-3144 TO: Steve Causseaux, Jr. DATE: FAX #: 253-272-6439 PAGES: 2, including this cover sheet. FROM: Grant Beck SUBJECT: Yelm Terra Subdivision COMMENTS: Attached is the declaration from Gary Carlson, who posted the public notice for the hearing this morning. * * IF YOU DO NOT RECEIVE ALL COPIES, OR ANY COPY IS NOT LEGIBLE, PLEASE CALL (360) 458-3835 As sooty AS POSSIBLE. Document4 Case Number SUB-03-8353-YL DECLARATION OF GARY CARLSON Gary Carlson, declares and states as follows: 1. I am over 18 and competent to testify based on personal knowledge. 2. I am the Building Official with the Yelm Community Development Department. One of my duties is to post notices of public hearing for the Department. 3. On Wednesday, February 25, 2005, I posted a white, 12" by 18" sign advertising a public hearing scheduled for Monday, March 1, 2004, at 9:00 AM in the Public Works Conference Room regarding the Yelm Terra subdivision application. The notice was posted on a power pole on the north side of 105th Avenue SE approximately 800 feet from its intersection with Clark Road. 4. I inspected the sign on Thursday, February 26 and Monday, March 1, 2004, and it was in the same condition and location in which I had originally posted the sign. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signed this v ! day of March, 2004, at Yelrx~-,,--Was~r~ngton 98597. Gary Carbon, Buil id ng Official Commu~iity Development Department City of Yelm, Washington To: Hearing Examiner Stephen Causseux, Jr. From: F3eth Jorgenson, 15939 lUS"` Way SE, Yelm, WA RE: Yelm Terra Preliminary flat, Case #SUB-U3-83S3-YL 1 would like to comment on the poor design of the plat in artier to cram in more residences than would tit if the design included a better interior street system. The loop system proposed by the applicant conflicts with the Yelm 'Transportation Plan, which seeks to limit the use of loops and other designs that form barriers. Allowing a loop design rather than requiring a grid design that can connect t~vith new streets that will farm when properties to the northeast subdivide in the future will create a gridlock ait 1 US`s' Way as properties to the south develop. "1•he Yeltn '1'ransportatian Plan also states, "The City of Yelni recognizes that increasing connections throughout the City not only reduces traffic congestion, but also increases the sense of unity of the community. Therefore the City will limit the use of cut-de-sacs, dead-end streets ..." The applicant proposes to close the west end of I US°i Way SE to through traffic rather than pay to have it widened to two laces for safer access. Closing off this route will have a significant negative itrtpact to the people who live in the City of Yelm. This access currently allows people to drive around the mast congested area of the City-downtown Yelm. Sy closing this access, tratf7e congestion an Yelm Avenue will unnecessarily increase. Yelm Avenue is already at a Level of Service "F". Preventing people from getting around this congested area goes directly against the T ransportatian Plan's policies. Phis pt•aposal should not be allowed to develop at the intensity proposed until the City of Yelm purchases properties or portions of property at the west end of l OS`t' Way to construct a street to City street standards. Funding for this should be through latecomer agreements. T'he Community Development Department has ignored all comments by neighbors wha feel they will be negatively impacted by the proposal. I personally will have to spend between $1 U,UUO to $15,000 to build a new driveway and garage on the west Sidi ol` my house so I can leave my property for work weekday mornings. The traffic report states that the development will not significantly impact 1 US`h Way but it doesn't analyze haw marry vehicles will be backed up beyond the stop sign past my driveway in morning peak hour, blacking my access to the road. This scenario is assut•ed with the closing of the west end of 1 US"' Way. It's outrageous that the developer is allowed to make millions from a large project while he burdens neighboring landowners with large expenses and inconveniences that are a direct result of his development. The Community Development Department also has not provided the required noticing as they stag: in the staff report. There has never been a notice posted for this project. on lUS`~' Way. People wha do not live within 3UU feet of the subject stte yet frequently use this road will never knave what is being proposed until it is too late to comment. This public hearing should be postponed until adequate notice is provided to the public. ~-- Ftti-~}~-~I~b4 14 ~ ~4 I HUKt I UN C.U. lltV. SV(_5. Post-ttw Fax Note 7671 Dato Tc ~ ~ Fron Prt,ha~ CoJDept• Ci _ ! _ Co. PhonC H' e ~• 56L '/54 ~'~.~'~ F'.b1it~~ COUNTY COMMISSIONERS Cathy Woife District One Diane Oberquell District Two Robert N. Macleod District Three T~URSTON COUNTY 31NI:L 13332 ROADS & TRANSPORTATION SERVICES Lester Olson Director TO: Tami Met~iman, Associate Planner City of Yelm FROM: Scott D evelopment Review Manager DATE: Febru , 2004 S~UB.IECT: Yelm Terra, SUB-03-8353~YL Thank you for providing the staff reports dnd traffic study for the above project. Y apologize for the providing comments so late in the process. 1 understand the public hearing is this coming Monday, T will be unable to attend, but I would appreciate if you could place this memo and my recommendation in the record for consideration by your hearing examiner. Findings: 1. The traffic volume on Clark Road, which is maintained by the county, appears to almost double (i.e., increase of 87% during the pm peak or S4 vehicles per hour). This could also be approximated to an increase of 540 new daily trips per day. 2. The lOSa` approach to the Clark Road intersection does not appear to provide for. atwo-lane approach. 3. CIark Road SE is a two-lane roadway with I.0- t 1 foot travel lanes and 2-4' graveUgrass shoulders along the segment from l05`~' to the city limits. It appears the Yelm standard drawing no. 4-5 {neighborhood collector) calls for two 10' travel lanes (not including parking} for. new construction. This roadway section per City Standard is intended to accommodate traffic volumes .ranging from 500 to 6000 vehicles per day. It appears Clark Road meets the city standards for new construction in regards to travel lane width. 4. The Yelm Transportation Plan appears to describes Clark Road SE as a class IV bike path. This means bicyclists and motorist share the travel lanes and additional widening in not planned or necessary to accommodate bicycle traffic. Therefore it does not appear Clark Road shoulders need to be widened and/or raved to accommodate bicyclists. 2000 i.akeridge Drive S'W, k31dg 1, ~~lympia, Washington 98502 (3F~0) 3,57-2493IFAX t3hl1) 754-2434 TDD (3GU} 754-2933 1~Vebsite: www.co.thurston.wa.us/roads FEB-28-2004 14 24 THURSTON CO. DEV. SVCS. 360 l54 2939 P.02i02 hebniary 28, 2004 ' Page 2 of 2 5. The transportation level of service for Clack Roadll05`h intersections is reported to be at "A" with the project and therefore satisfies the County concurrency standards. 6. The vansportation level of service for Clark Load based upon county analysis appears to be at "A" under existing conditions and will remain so after including the project traffic. Therefore County concurrency standards are satisfied. Recommendations: 1. The I~OS'~' Avenue Approach to Clark Road should be widened to fully accommodate two travel lanes meeting city standards, 3' shoulders and recoverable slopes leading into the roadside ditches. 2. The intersection of Clark and 105' should be illuminated meeting the city standards. If you have any questions yvu can reach me at 360-357-2492 or by email at davissaC~co.thurston.wa.us. cc. Cindy Bricker, Commissioners Office K kScv+e~tSHARED~(:~ty o(Yeim15UD•O3.8353•YI,AOI Me 2000 Lakeridge Drive SW, Bldg I, Olympiu, Washington 98502 (36U) 357-2493/FAX (3GU) 7Sa-2939 Thll (360) 754-2933 Websitc: www.CO.thurston.wa.us/roads TOTAL P. 82 ~ ~ _ , ~.. r ,. ~ ~ €,m FEB 2 7 2004 February 20, 2004 Grant Beck Community Development Director City of Yelm PO Box 479 Yelm, Washington Dear Mr. Beck, I am writing this letter in reference to the purposed development referred to as Yelm Terra on a 24.25 acre tract of land located on 105th Avenue SE in the Town of Yelm. As an adjacent land owner I wish to go on record as having no objection to the development of this property. I feel it is the right of the land owner to develop their land in accordance with city ordinances. I do also wish to inform the Town of Yelm of an ongoing property line dispute with the owners of this parcel. The disputed line is in the Northwest corner of the Yelm Terra Property and involves approximately 2500 sq. ft. of land. We have come to an agreement with Mr. Steve Chamberlain of SMC Development for resolution of this dispute. We plan to file a Boundary Line Adjustment application with the City of Yelm and Thurston County to quiet title. We plan as part of this boundary line adjustment to grant SCM Development the density capacity calculation for this approximate 2500 sq. ft. of land so as to allow it stay with the Yelm Terra Plat. It is our intent to file for the BLA within the next week. Sincerely y rs, ,~ j a t ~Z ~ /~^~~ Thomas T. Longmire ~,o~T~A City of helm °i Community Development Department 105 Yelm Avenue West P. D. Box 479 L Yelm, WA 98597 WASHINGTON NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, March 1, 2004, 9:00 a.m. PLACE: Yelm Public Works, 901 Rhoton Road, Yelm WA 1. PURPOSE: Public Hearing to receive comments regarding the proposed Yelm Terra Subdivision of 24.25 acres into 97 single family residential lots. The project site is located on 105th Ave. SE, Yelm, WA, between Clark Road and Mill Road. Case No. SUB-03-8353-YL Applicant: Yelm Terra LLC 2. PURPOSE: Public Meeting to hear testimony from parties of record, regarding an appeal of certain conditions of the Mitigated Determination of Nonsignificance issued for the Yelm Terra Subdivision. Case #APP-04-0005-YL Appellant: Dr. Lee Anne Campbell Applicant: Yelm Terra LLC The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the proposed Yelm Terra Subdivision, and to hear testimony from parties of record, regarding an appeal of certain conditions of the Mitigated Determination of Nonsignificance for the Yelm Terra Subdivision. The Hearing Examiner will make a decision on the matter within 10 days after the meeting. Parties of Record may testify at the meeting on Monday, March 1, 2004. Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please contact Tami Merriman at (360) 458-3835. The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate in this hearing, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting. ATTEST: City of Yelm ~~ s Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, February 20, 2004 Mailed to Adjacent Property Owners and Pasted in Public Places: February 17, 2004 City of Yelm ~~ ~~ L 105 Yelm Avenue West P.O. Box 947 Yelm, WA 98597 (360) 458-3244 To: Stephen Causseaux, Jr., Hearing Examiner From: Tami Merriman, Assistant Planner Date: February 17, 2004 Subject: Yelm Terra Subdivision, SUB-03-8353-YL List of Exhibits: Exhibit I Site Plan Exhibit II Notice of Application Exhibit III Mitigated Determination of Non-Significance and Comments Exhibit IV Public Hearing Notice Applicant: Yelm Terra LLC 4200 6th Ave. SE Suite 301 Lacey, WA 98503 Agent: SCA Consulting Group P.O. Box 3485 Lacey, WA 98509 Proposal: The applicant is proposing to subdivide approximately 24.25 acres into 97 single-family residential lots. The property is zoned R-4 Low Density Residential, which allows up to 4 dwelling units per acre. The site currently has an existing residence that will be demolished. Location: The property is located on the north side of 105th Ave., SE, between Clark Road and Mill Road. The property is identified by Assessor's Tax Parcel Numbers 22730210500, 22730210600, 22730210700, and 22730210800. Description of Property: The subject property is a rectangular parcel of land approximately 24.25 acres in area. The land has a grove of old fir trees located near the center, and the parcel was mainly pastureland. The City of Yelm has a waterline easement that runs northerly through the center of the property. The applicant is proposing pedestrian pathways along this easement, which protects the waterlines and qualifies as a portion of open space requirements. Notice of Application, SEPA, 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 October 22, 2003. Public Notice of the date and time of the Public Hearing was posted on the project site, mailed to property owners within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on February 13, 2004 and advertised in the local newspaper on February 20, 2004. The City has performed an environmental review, including review of a transportation analysis, and issued a Mitigated Determination of Nonsignificance on December 26, 2003, with a comment deadline of January 9, 2004, and an appeal deadline of January 16, 2004. SEPA Appeal: An Appeal of the SEPA Determination was filed with the City on January 14, 2004. The appeal hearing is scheduled for March 1, 2004. The City of Yelm Staff Report for the appeal is a separate document. Staff Analysis and Recommended Conditions of Approval 1. Lots Size and Setbacks: Finding -The R-4 zoning district does not have a minimum or maximum lot size, although it does require standard yard setbacks of 15 feet from the front property line adjacent to local access road (with a minimum 20 foot driveway approach), 5 feet from side property lines (with a minimum of 12 feet between the two side yards), and 25 feet from the rear property line. The setback on a flanking yard is 15 feet from the property line. The maximum building coverage allowed is 50% and the maximum development coverage is 75% of the lot. Lot numbers 31 and 32 do not appear to have sufficient room for building setbacks. The applicant should either combine the lots to provide adequate building footprint, or show construction plans for a residence that can meet the setback requirements. For traffic safety, and sight distance, driveway locations on corner lots should have specific locations. Conclusion -The lots within the proposed preliminary subdivision appear to contain sufficient area for subsequent development to meet setback and lot coverage requirements, with the exception of lots 31 and 32. Page 2 of 12 2. Adjacent Land Uses and Zoning: Finding -The properties directly to the north are residential. The northwest side is developed as a residential subdivision, and the northeast side is in Thurston County, with a Rural Residential 1 /5 zoning. The property directly to the west is zoned R-4 Residential, and is developed with a duplex and shop. The property to the east is Thurston County Rural Residential 1 /5. The properties to the south are residential, with the southwestern portion zoned City of Yelm R-4, and the southeastern portion Thurston County Rural Residential 1/5. Conclusion: -The plat as conditioned meets City of Yelm development requirements, and is a compatible use with surrounding properties. 3. Open Space: Finding -The Growth Management Act establishes a goal for open space and recreation that states "encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks" [RCW 36.70A.020(9)]. Finding -The Yelm Comprehensive Plan states that adequate recreation and park facilities should be developed and improved to provide a broad range of recreational facilities which meet the needs of the Yelm community [Section VII.C.3.a.ii Yelm Comprehensive Plan]. The plan further establishes a level of service for neighborhood and community park and recreation facilities of five acres of land per 1,000 population. Finding -Chapter 14.12 YMC provides guidelines for the retention and creation of open space within the City. This chapter requires a minimum of five percent of the gross area be dedicated as open space or pay a fee in-lieu-of providing the open space on site. The fee in-lieu-of may be applied when there are park facilities near the development. Chapter 14 YMC also lists attributes for qualification of open. space. Stormwater retention and detention areas do not qualify as open space. The signage areas proposed at the entrances of this plat also does not meet open space qualifications. The applicant states that 2.6 acres of open space is being provided, however it appears that the areas that qualify as open is significantly less. The required amount of open space for this development is 52,817 square feet, or 1.21 acres. Finding -Cochrane Park, a City owned park is located near the northwest of this site on Mill Road, with pedestrian access located on Parkview Loop, the development directly north of this site. Conclusion - It appears that the applicant has proposed less than the required 5% of qualified open space. With the City of Yelm Cochrane Park located near Page 3 of 12 this proposal, the amount of open space requirement not met with this proposal shall be met with the fee in-lieu-of. 4. Schools: Finding -New residential units create a demand for additional school services and facilities. The Yelm School District requests that the developer enter into an agreement with the school district for the payment of mitigation fees based on the project's impact. Conclusion -This request for a mitigation agreement between the developer and the school district became a mitigation measure of the Environmental Determination. 5. Transportation and Site Access: Finding -The property fronts on 105f" Ave. SE. The existing residence on the site has access from a private road leading from 3rd Street in the City limits through property located outside the City limits. The residence is proposed to be demolished, and the private access closed. The subdivision proposes two access points on 105f" Ave. SE, with a street connection to 3rd Street. Finding - Yelm Municipal Code, Chapter 16.16.090 states; "The layout of streets shall provide for continuation of streets existing in adjoining subdivisions. When adjoining property is not subdivided, streets in the proposed plat shall provide access to such unplatted property in accordance with the Yelm Transportation Plan." The plat, as proposed, meets this standard by a road connecting to 3rd Street, through the subdivision to the North. Finding -The Yelm Transportation Plan states; "The City of Yelm recognizes that increasing connections throughout the City not only reduces traffic congestion, but also increases the sense of unity of the community. Therefore, the City will limit the use of cul-de-sacs, dead-end streets, loops, and other designs that form barriers. The City will seek to minimize impacts of through traffic upon residential neighborhoods by employing narrow streets, curves, indirect access routes, and other features." Finding: -Section 16.16.120 YMC states that no street shall extend for a distance greater than 660-feet without including a provision for at least one intersection. Road B on the proposal is slightly longer than 660-feet. To minimize impact of traffic in the residential neighborhood, and to provide for pedestrian safety, "bulb-outs" in the internal streets, connecting the pedestrian pathways through the development will be required. Finding -The completed project will increase traffic and impact the City's transportation system. Chapter 15.40, Concurrency Management, requires all Page 4 of 12 development to mitigate impacts to the City transportation system. A single family home generates 1.01 p.m. peak hour trips per unit. The Transportation Facility Charge per unit is $757.50 and payable at time of building permit issuance. Finding -Transportation Engineering Northwest, LLC prepared a traffic impact analysis, which analyzed the traffic impacts of the proposed development. The analysis found that the project would generate 928 vehicles per day of average weekday traffic, with a PM peak of 98 vehicles per hour. Finding -The City of Yelm Development Guidelines require all new developments, including subdivisions, improve street frontages to current standards. 105t" Ave. SE is a neighborhood collector, which requires a 16-foot drive lane, vertical curb, a 7-foot planter strip with street trees 35 feet on center, and a 5-foot sidewalk. Street lighting shall be as required by the City Engineer. Finding - 105t" Ave. SE, as it heads west tapers to a one-lane paved private access road, which over time has been used by local residents to access Mill Road. Yelm Development Guidelines Section 4B.070(B) states that private streets are not allowed when the street is connected to two public streets. Conclusion -The conditions of the Mitigated Determination of Nonsignificance mitigates the impacts to traffic safety attributable to the addition of the projects traffic into the City transportation system. 6. Parking: Finding -Chapter 17.72, Off-Street Parking and Loading, requires minimum parking ratio of two spaces per dwelling unit. Conclusion -The lots within the proposed subdivision allows sufficient area for 2 parking spaces while meeting the maximum lot coverage of 75%. 7. Water: Finding -The City's Water Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas for approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in pace - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Any necessary water rights are considered, only after Page 5 of 12 approved for municipal use by the Washington State Department of Ecology, or appropriate appeals board, and the time for appeal or challenge has expired. Finding -There is an existing watermain on 105t" Ave. SE. The watermain extends along a portion of the frontage of this property. Finding -There are two existing waterlines that bisect this property within an existing easement. The applicant has proposed walking paths in the area of this easement, which provides protection of the waterline, as well as meets a portion of the open space requirements. One of the lines, at the northern edge of the site, makes a "jog" to 3rd Street. This line, where it meets with the new internal road to the north shall be relocated in the right-of-wa~ area within the new internal road, with a new connection to the line on 3r Street. 8. Wastewater: Finding -The city's Sewer Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas or approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in pace - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Finding -The City's wastewater treatment facility has capacity for this proposal. The compressive sewer plan has established individual sewer basins within the service area. This project is located within 3 different sewer basins. The applicant is required to show the distribution of sewer into the sewer basins, to provide a result acceptable to the City. Conclusion -City sewer service is available to the site. Sewer basin distribution shall be determined during civil plan review. 9. Drainage/Stormwater: Finding -The completed project will increase impervious surfaces on the site and adjacent streets. Impervious surfaces create storm water runoff. Uncontrolled and untreated storm water runoff can create health and safety hazards. The City of Yelm requires all development to comply with the Stormwater Manual for the control and treatment of stormwater runoff. Page 6 of 12 Finding -The applicant has submitted a Preliminary Stormwater Report that estimates the impervious surface, infiltration rates of the runoff, and a conceptual design for treatment and storage of the stormwater. Following preliminary plat approval the City Stormwater Manual requires the developer to submit a final plan consistent with the final impervious calculations for the site. Finding -Stormwater facilities require continued maintenance to ensure they remain in proper working condition. 10. Fire Protection: Finding -Fire protection is provided by the Thurston County Fire District #2. As development occurs there will be additional demands for fire service. 11. Street Lighting: Finding -Adequate street lighting is necessary to provide safety to pedestrians, vehicles, and homeowners. Street lighting is reviewed to assure adequate lighting. 12. Subdivision Name and Addressing: Finding -The proposed plat name of Yelm Terra has been reserved with Thurston County. Addressing is approved by the Community Development Department. 13. State Environmental Policy Act: Finding -The applicant submitted a completed environmental checklist, including a traffic analysis with preliminary subdivision application. Conclusion -The City performed an environmental review and issued a Mitigated Determination of Nonsignificance on December 26, 2003. 14. Landscaping: Finding -Landscaping and screening are necessary to promote safety, to provide screening between compatible land uses, to safeguard privacy and to protect the aesthetic assets of the City. Chapter 17.80, Landscaping, requires the applicant to provide on-site landscaping for all development proposals. Finding -The site is adjacent to properties that are compatibly zoned. Chapter 17.80 requires that the perimeter of the site be landscaped with a Type II landscaping. In residential subdivisions the city allows fencing to meet the landscaping requirement for the perimeter of the site. Landscape requirements shall be installed and approved prior to application for final plat. Page 7 of 12 Finding -Landscaping is required in open space and above ground stormwater facilities. All landscape requirements for right of way areas along collector streets and open space areas require irrigation. All areas of landscaping that are not within 75-feet of a hose bib require irrigation. Finding -Section 14.16.110 YMC provides for the preservation of trees on private property with new development and requires that existing trees not be removed until a final decision is made regarding the feasibility of preserving existing trees. The existing trees on this property are a group of large Douglas Fir. The trees located in the area of proposed stormwater treatment areas are in danger of future tree failure with grading near the base of the trees. Existing trees to remain, that are located in areas of qualified open space, shall be protected during development with protective fencing at the drip line. All machinery shall be kept out of the drip line. Finding -Chapter 17.80 requires that at time of civil plan review and approval the applicant provide the Community Development Department a final landscape and irrigation plan for approval. Conclusion and Staff Recommendation: Section 16.12.170 YMC requires written findings prior to a decision on a preliminary plat. Based on the project as proposed by the applicant, and the proposed conditions of approval as stated below, Community Development staff finds that the subdivision: Adequately provides for the public health, safety and general welfare and for such open spaces, drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation, schools, and sidewalks; That the public use and interest will be served by the subdivision of the property, if conditioned as proposed; The subdivision, if conditioned as proposed, is in conformance with the Yelm- Thurston County Joint Comprehensive Plan, the City of Yelm Zoning Code, the City of Yelm Subdivision Code, the Shoreline Management Act and the Thurston County Shoreline Master Program, and the City of Yelm Development Guidelines. Conditions of Approval: Lot Sizes and Setbacks: 1. Corner lots shall place driveways, and direct house fronts as follows: Lot # 1 -Driveway faces north, house fronts north Lot #23 -Driveway faces north, house fronts north Lot #39 -Driveway faces east, house fronts south Lot #40 -Driveway faces west, house fronts south Page 8 of 12 Lot #79 -Driveway faces north, house fronts west Lot #83 -Driveway faces south, house fronts west 2. Applicant shall either reconfigure Lot # 31, and #32, or show construction plans for a residence that can meet the setback requirements. Open Space 3. Applicant shall submit a final improvement plan for the open space. The open space improvements shall demonstrate compliance with Chapter 16.14.050. 4. Applicant shall pay a fee in-lieu-of for the difference between provided qualified open space, and the required open space amount. Transportation 5. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Improvements required shall include the frontage on 105fh Ave. SE, 3rd Street SE, and Mosman Street as described in the MDNS. 6. Internal streets within the subdivision will be constructed per Yelm Development Guidelines for Local Access Residential. Provisions to this detail will be made for the creation of "bulb-outs" where the pedestrian accesses cross the internal streets. 7. The applicant shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. Credit for the existing dwelling shall be given. The applicant will be responsible for a TFC of $757.50 per unit which is payable at time of building permit issuance, unless previously credited towards traffic related improvements. Water 8. The applicant shall connect to the City's water system. There is an existing water main located on 105fh Ave. SE, that is located along a portion of the frontage of this property. This main shall be extended to run the entire frontage of this site on 105fh Ave. SE. 9. Water connection fees are charged at the current rate of $1,500 per connection, (fee subject to change) payable at building permit issuance. 10.A11 open space areas and planting strips not located with 75' of a hose spigot, shall have an irrigation system with a separate water meter(s). The applicant shall submit a final landscape and irrigation plan with civil plan submission. Page 9 of 12 11. The waterline easement that bisects the property shall be preserved by locating open space over the easement area and protected during construction operations. 12.The existing waterline connection to 3rd St. must be relocated to the proposed public roadway within the subdivision. This waterline is currently located within lot 40 and the adjacent open space. Wastewater 13. The applicant shall connect to the City's S.T.E.P. System. 14. Sewer connection fees are charged at the current rate of $5,269.00 per connection (fee subject to change) payable at building permit issuance. All connections require an inspection, with a fee of $145.00 per connection, also payable at building permit issuance. 15.The applicant shall provide proof of sewer basin distribution, to be approved by the City, during civil plan review. stormwater 16. The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP's) are required during construction. 17. The applicant shall compile a final storm water report along with construction drawings. 18.A11 roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. 19. The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. 20.The stormwater system shall be held in common by the Homeowners Association. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. Fire Protection 21.The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans prior to final subdivision approval. Page 10 of 12 22.The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. Street Lighting 23. Per the City of Yelm's Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. Plat name and addressing 24. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing plat map for approval. SEPA 25.The applicant shall comply with the mitigation requirements of the MDNS issued on December 26, 2003. Mitigation includes: 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 1.01 p.m. peak hour trips per residential unit. The applicant will be responsible for a TFC of $757.50 per unit, which is payable at time of building permit issuance. Prior to final subdivision approval, the applicant shall a. Improve the northern half of 105t" Ave. SE from Clark Road to the western property line b. The right-of-use portion of 105t" Ave. SE shall be blocked with no through access c. 3rd Street shall be improved from the proposed development to Yelm Avenue East, and; d. Mosman Street shall be improved from 3rd Street to Hwy 507. e. Tree losses shall be mitigated by a 2 to 1 replacement. f. Open Space Fee in-lieu-of payment for difference of qualified open space. g. School District Mitigation Agreement shall be required prior to final plat approval. Landscaping 26. Prior to any land clearing, a site plan including the location of all trees to be retained and removed (exceeding 8 inches in diameter) must be reviewed and approved by the Community Development Department. Tree losses shall be mitigated by planting at least a 2 to 1 mix of evergreen (70%) and deciduous trees (30%), with a minimum of a 2-inch caliper measured at 4 feet from the ground, around the perimeter of the storm pond areas, and in the Page 11 of 12 qualified open space areas. Trees to remain must be protected during construction pursuant to Chapter 14.16 YMC. 27.The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space, and stormwater facilities. Based on the Analysis and Findings, and the Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-03-8353-YL. Page 12 of 12 • 1 O m m O A O Z D r v r t/1 n D r C Z 0 m Q C Z O n D D -~ I Q I iJ A I W (T1 TI m 0 C 0 G~ 1 1 ~ ' I 1 1 I W v 0 cVn A W J~ N I i ~---- .._........... ~ u O~ ~ _- _ I 1 ~' 1 T' I I I 1 I 1 1 I I U I ~ I 1 f F'I " f 1 I I ` ~ I I rn I \ ~ I W \\ \ I C I v \ \ \ b Il I m \\ \\ `~ e \ l N \ \ `Y I / i m /' 1 ~I- / ~~ 1 rl O ONmi .. I V I ..... I I I I ~ f ~ ~A I I i ~ I~ O N I ~m A N ~ 1 I iii = I ~ m I~,I IN I r i ..I~,, I = N ( W F I IU I ~ N ~ ~ I A rn I I P w 1 `" ~ Gl i' w w `° N IL N 1 a '. I I 1 I I m O i _ I A N ~ I i O Nt T I I (vl N i 1 I ~ ~ I i ~ {~ I ~ ~ 1 . I f I m f ~ V ~ a, a, my I I I ~ ~ > v _ - I ~ m N 00'53'79" E rn ~ r > i ~ fot.aB A / ~ rn <,, /' o, to 1 u, I II I o, ~% o , ~ I.. ~ A I ~~ / ' N // m ~y ~ tl ~ A ~ 6~ I N I ~ / 6~ ,/ / N i I / ~ rn ~y-s I i ^~ao ' ~---i2' ~ ' V a ~'a a m . +° a ~ ' /~o 1 i' ~ Do , a I rn / i 1 0 ' I~~-~ / . I /~ / . / m iA ~O -1 ~ O _i I N I ,_ I i _~ i, I i - ~ ~ --- _ _~-__ CN~COO ix~~nD OVNOmO ~m~rn vo y yN~mCN O y r ~~ r r O< y ~ Z m ~rC-o A0 O -COyA ~G) Vf = Z a' ~ ~ ~m0 00 .J Oo~~ln r o ~ ~0~; O r.~ ~) ~ <~ m y c>~Om~o r!~ . C ~~mm .. -- . r ~ vz~- c r m to ~ r ., C~~~- cl-, ~~ CLARK RD. SE _ _ - _ . N 00'79'02" E 627.00 A,V N ONi v m ~ I W -r0-0 7~8 47'~62_ge-- f- ~_ _ --a_ v~/! W I N I rn I O cV0 1 I I N I I- I 1 ~ I i I N I i I VI ( I N I O II I ~ I r I m I Nl e I I I f V I I 1 ( ~, ~ pi I Wt YYY II u II /~ ~Y ~CY L `CJ~ ~l d ~~ ,. ~n ® I1u11 i /V O D NO. DATE REVISION ~ o' DESIGNED BY: CRS O t O Z ~ y ~ ~ DRAYM Br: DJO VAL q~ I ~®V LSW ~WLS LS~ ; ~ ~ S ~, CNECNED BY ~ ~ r ~ ~ ~ ~ ~ ~ I~I~ ~ ~ISI~~VII II LS lll~ll-l~//-~ ~~ o ~ : _ ~ , ~ ~ ~ ~ yy ly `' n ~ m m ~ ~ ~ ~ ~ 8 S 0 ~ APPROVED FOR CONSTRUCTIDN ~~ < ~ ~' ~ ~ ~ rS1 ~ 6 a ~ ~~••- DATE: O9~Z9~O3 8 ~ ly ~ BY: DATE: ~ g v ~~ = 100 ~ ~ DIRECTOR OF PUBLIC WDRKS SCALE: YELM WASHINGTON APPRDVAL E%PIRES: 7y1 N r0 ZJ-1 OOrn mNN N NOV mmu yorOa OO Imo n ,,, yN OJ zo l.i N O~ ~ °~ Op N ~O 0 ZOV 00 y~y SZ O '''' °- ~'' ' ~''-~ P ~~y ~~ ~~ ~~ =~ ~-~. Ys' ~:v~~ri1N GT'C»: c~-rYY ®~ Y~~ PO Box 479 Yelm WA 98597 360-458-3835 ~O~'ICE O~ APPLICA~'~0~1 Mailed on: October 22. 2003 PROJECT NAiUIE AND LOCATION: Yelm Terra Preliminary Plat Approximately 24 Acres on 105th Avenue SE, Between Mill Road and Clark Road LAND USE CASE: SUB-03-8353-YL An application submitted by Yelm Terra LLC, 4200 6th Ave. SE. Suite 301, Lacey, WA 98503, for the above referenced project was received by the City of Yelm on October 10, 2003. The City has determined the application to be complete on October 22, 2003. The application and any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: The project proposal is to subdivide 24.25 acres into 97 single-family residential lots. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: An Environmental Checklist, Traffic Impact Analysis, and Preliminary Stormwater Report, was submitted with the application. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm WA 98597, 360- 458-3835. THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON NOVEMBER 6, 2003 This notice has been provided to appropriate local and state agencies, and property owners within 300 feet of the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it wilt be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there grill be a 14-day public comment period if an environmental det=rmination is issued. Opportunities for appeal occur within twenty one (21) days after the date the environmental determination is issued. City Council decision can be appealed through Superior Court. Appeals of site plan revie~rr decisions may be filed within 14 days of Notice of Final Decision. =N _ ° ~~e ~ ~N ~r°, ~'~~ Iz ;ge 0 ~ z rC ~_ .;~_. 4"~co_ 0 1 ~ ~~ -~ ,_W M I I _ . r ' , II ; -~ ~-- Td_r I V-~--~ ~ ~ -- _.2~ J ~ I , . ~ ~__ ~ I ~~ j ~--- ' ~ y ~ ~ - ~ 1 ~ ~ I P II ~ `~ ~~ ~ I u ~ l ~ v ~ ~~ ~~~ '~I ' `~ ~ i ~ ~ ~ s ~ 1 '~ ~ v N `\ ` \ ~ o ' "`~ l I ~ 1 ~~ ~. b ~ IL = - . N ,I o -i. i ~ ~~ ' - - --- -- ~- ~;~ i ~ , I ~I F I~ ~ - i : ~I~ I ' i FF 1 ~ - i 1 . f I i ° ;i~ ~ m e ~ , t v a ~ ~ ~ ~. a ~ ~ ~ ;: ~ ;~ ~ ~~-~ ~ a, ~ _.i ~ ~ ~`' v ~. - H: ~ ~ , . , ~. ~ / %~ ~" ~i ,;~ ~~ 'i ~~ . ,i o / ~ i~ -' , ~ i ~ ~ :.: i ,~ --~---~ i ~ --- I LURK R0. SE _. =~_7: j ~ i'~~•_ ~ y ~? ~~, "' ;• ~ ~ , ~~ r~ ~® ~ ~. g~ ~~ ®~~ ~~ .~ /.':. t=; in ~~ S `~~ _ ~ ~~ ~ ~. ~~ ,~ 7 S ~ 'f ! ~ ~ ~j r ' `s~ . ~_ . ~. ._ ~ ~ _ ~ Ci ~ j~ ~J .. I ~ _.. .~ _-_ i ..... n ~ } .T.. .... ~ ~, lj~' 1', 1 ~ Y e i.1~j ~ _..n ~ ., I Navember 3, 2003 Tami Merriman Community Development Dept. P. O. Box 479 Yelm, WA 98597 RE: Yelm Terra Preliminary Plat Dear Ms. Merriman: NOV 0 ~ ?~ ~, The comments provided belo«~ address the impacts the Yelm Terra subdivision, as proposed, will have on the community. The developer of Yelm Terra subdivision proposes to provide inadequate access to and from the development. All egress traffic is proposed to be onto 105th Way. Even worse, the developer proposes to close 105th Way where it accesses Mill Road. This «711 direct ail the subdivision traffic as well as traffic generated by the current residents on 105th Way to one point: the intersection of 105th Way and Clark Road. The traffic report provided for this proposal dial not adequately address the impact this will have to the residents on 105th Way, particularly to those with driveways within 350 feet of the stop sign. Traffic from the development has a strong potential of blocking two driveways serving four residences during morning peak hour traffic. The drive«~ay closest to the stop sign is only 60 feet away from this intersection. and. will be the one most affected. Closing 105th Way will. also impact the public who use this road to bypass the stagnant traffic on Yelm Avenue. Peak hour traffic is so bad in the downtown area now that it takes about ] 5 minutes to get from the Yelm Avenue/Clark Road intersection. to the high. school.. People often take 105th Way to bypass this congestion. The City of Yelm must nat allow the developer to ignore his responsibilities to provide adequate ingress/egress at the site, and to not harm neighboring properties. To mitigate the traffic impact for this development, the developer must purchase property adjacent to 105th Way near Mill Road to widen the road at this end, and open 3``~ Street to two-way traffic. Yelm City Code Section 16.16.090 states, "77ze 1c~yoz-~t of streets• s1~alT provide. for continuatior2 of streets existing in adjoiizin~~~ subdivisions." Allawing the developer to proceed with the subdivision as proposed will be in violation of this code as well as Code Sections 16.16.110 and 1.6.1.6.120, which do not allow for dead end streets greater than 600 feet, or extend 660 feet without including a provision for at least one intersection. The- City's Comprehensive Plan also demands that 105`}' remain open at both ends and that 3T`~ Street be developed for two-way traffic as provided in Section B of the Transportation Element, as follows: llie objective of the Transportation Plan is to pj•o~}icle a cost-e, ffective nettivorlti to accorrzrnodate travel in and arvzrnd the core area. To crccorrzplislz this objective, 1 elrrz will actively pur•stre: 1. ~ connectecistreets policy to promote the efjicierzt flow of trc~~c within the community. 2. A series of connected arterials which will per•rnit traffic to bypass the urban core ~it is rner•ely passing throualz, to reduce congestion in the central core. The City of Yelm must take into consideration the fact that the large-acreage properties to the south of the proposed subdivision are in Yelm's Urban Growth Boundary and will be annexed into the City in a few ,years. Land costs will increase tremendously and many of these property owners will be forced to, or desire to subdivide their own properties. If the Yelm Terra's preliminary plat is not conditioned to mitigate the traffic impacts it will have on Clark Road and 105`x' Way, it will unfairly require a later developer or the taxpayers to mitigate the problems created by the developer of Yelm Terra. The City would be very short sighted if it allowed the developer to minimize his expenses by closing the Mill Road end of 105' Way. This avenue of travel will be increasingly needed by the public as more housing developments are built. It will also help to relieve the traffic backups through downtown Ye1m until a ne«r bypass road is constructed; which ma}~ be many years from now. As this subdivision will be adding a Large number of vehicles to 105`'' Way, the developer should be required to fix the dangerous condition that exists at the intersection of I05`~' Way and Clark Road. A high. embankment on the northwest corner of the intersection blocks drivers' views of southbound traffic on Clark Road. Vehicles entering onto Clark Road from 105"' Way must drive their vehicle almost to the center line of Clark Road before they can see approaching southbound traffic. Vehicles regularly travel. at high rates of speed on Clark Rd and with the extra traffic resulting from the new subdivision, a fatality accident is imminent. The traffic study provided by Transportation Engineering Northwest, was totally inadequate in showing the significant, negative impacts that will. be imposed on the community if they are allowed to develop without improving both ends of 105`'' Way and 3r`' Street. In addition to staying silent about the impacts closing 105"' Way will have to the public and residents who use l05`h Way, the transportation engineering fine collected data for the traffic study during the summer when. school u-•as not in session. Smnmer traffic in Yehn flows far smoother than when school. is in session. Much of that is because the high school and middle school are on Yelm Highway/Avenue. During the school year, school buses and parents driving their kids to and from school slow traffic. When buses stop to pick up or drop off children, they hold up traffic in both directions for several minutes each. time. 1-Iigh school kids driving to school. significantly increase the delay time for traffic on Yelm Avenue. Currently, driving from the Clark Rd!Yeltn Ave intersection to the high school at 7:00 a.m, durin~~ a school day takes 10 minutes due to the stop and crasti•l traffic. During the off=peak time, it takes 3 three minutes to travel this same distance, You do not have to be traffic engineer to know that that delay time is far higher than 37.6 seconds as indicated in Table, ? of the transportation report. "i~o many ot• us who travel this route each work day, Yelm Avenue is already considered to be at a level of senTice "F". Adding such a large number of homes to this area and taking away access to Mill Rcad from 105t1i will result in a very significant negative impact to Yelm Avenue between Clark and 151 Street. If 105th Way is open to twa lanes tivhere it meets 1VIil1 Road, there will be far less impact to Yelrn Avenue. Another impact the proposal will have that was not addressed by the traffic study is the additional time it ~~~ill take the fire department located on Mill Road, to get to emergencies on 105'`t' Way. I would think the City would be doing all they could to reduce the tii~e it takes to reach an emergency rather than increase that time Accuracy of other areas of the traffic study is also questionable. The traffic report indicated the speed limit on 1't Street is 35 mph within the city limits. That is incorrect. The correct speed limit is 25 mph on this section of road. The traffic engineer also reports the posted speed limits on Clark Rd and 105th Way are 25 mph. This is also incorrect. The posted limits are 35 mph. I do not know if these errors contribute to distorting the analysis of the study but if they do, the study should be thrown out and completed by an impartial transportation engineering firm. One is led to believe that if they aren't willing to take the time to find out the speed limits posted for the roads on which they are reporting, they are also not taking the time to provide a sound analysis of existing conditions and projected impacts to the traffic levels. I hope City staff and the hearing examiner will see that a new traffic study is required by an impartial transportation engineering firm. The new traffic shady should take into consideration how to mitigate the negative impacts to existing residents on 105th Way, and how to mitigate the delay time created by emergency service vehicles who must travel further distances to residences on ].05th Way when it is closed. The only feasible solutions to mitigate the negative impact to the neighboring property owners and the public ~vho use 105th Way as a through road is for the City to condemn property near 1V1ill Road on 105th Way and ~~iden the road to City of Yelm standards. The developer should be required to compensate the ov~mers of the condemned property. Additionally, the road to the not-th proposed to be open only for ingress to the subdivision but closed to egress traffic should be widened to allow both ingress and egress traffic. If that is nat feasible, another road from the north side of the subdivision should be opened for egress only. One possibility is an extension of 10~`'' Ave from Mill Road to the subdivision. Sufficient access from t'ne subdivision on roads other than 105i1' Way tivould provide some relief from traffic impacts to 105`h Way and Clark Road. There are three other issues that the SEP~ Threshold Determination should mitigate. The first is construction. noise. The developer should be limited to working no earlier than 7 a.m. and no later than ~ p.m. on weekdays. No work should take place on weekends to maintain the peace of residents near the site. A second issue that should be addressed is the impact to privacy that is currently enjoyed by the subdivision's neighbors. A six- foot-high fence should be constructed around the development to provide some privacy and hopefully dim some of the noise generated by 97 Families. In keeping ti~~ith the intentions of SEPA, the developer should provide access to Cochrane Park. The subdivision is adjacent to the park and a path or trail should be constructed for use by the public ~vho lip-~e nearby, including Chase outside the subdivision. I hope that the CitS.~ and the Hearing Examiner will take these comments into account and see that the developer's proposal will create a negative impact to those residents who live on 105th Way and Clark Road, and will further impact future development b_v eliminating or restricting access to roadways when more roadways are needed to permit traffic to bypass congested areas. Please place me on your mailing list to receive the Environmental Threshald Determination, Notice of Public Hearing, and Notice of Final Decision. Sincere y, ~~ ~~ Kelly an Elizabeth Jorgenson 15939 105th Way SE Yelm, WA 95597 ~ ~ ~~~d~~ ~n .~ ~~ y << :~ 1 S8d 3 ~ v S ~' ~~,~ S~._ ~~l~ ~~ ~'~s ~7 J~~ /CJ ,y , d~ ~ ~_~ ~ ~~ ~ ~~, • ~~`~ 4~~7 ~~J~ ~ 41D03 ~~ ~rn~,Jr~~ C~~~ ~~~~~c~ °~~i, I~E~ ~~1.~,`~%~%1~. ~ti~ ,~z~2. ~ irk ~~~u ~,, ~'~'~G2, l~ ~'~~' ~z ~ ~ ~ ~ ` a ~ ~A ~~ ~~,~, L~~,d ~n-~-~~~ ~~'~.~.~t,~ , A C~.'.~~3z.~~~-- U ~ ,~ ~~ 1 ~~ ~~~.~ ~~u~ ~~ ~ ~~ ~~'n.~ ~ ~~ ~~ ~~ ~~ X11 ,~,~-~-rrnc ~,~~ ~ ,~ ~~n.~, ~~ ~~~~L t~ ~~ ,~ - -- ~ ,...... ~, ,~ ~-- ~ f~ ~ 7 ~ SEPA NO: 8353 MITIGATED DETERMINATION OF NONSIGNIFICANCE Proponent: Yelm Terra, LLC Description of Proposal: Subdivide 24.25 acres into 97 single-family residential lots. The project includes the construction of stormwater facilities, interior streets, and street improvements to 105th Avenue SE. Location of the Proposal: The project site is located between on 105th Avenue SE, between Clark Road and Mill Road. Section/Township/Range: Section 30, Township 17 North Range 2 East, W.M. Threshold Determination: The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment. Therefore, an environmental impact statement (EIS) will not be required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Conditions/Mitigating Measures: SEE ATTACHED Lead agency: City of Yelm Responsible Official: Grant Beck, Community Development Director Date of Issue: December 26, 2003 Co Deadline: January 9, 2004 at 5:00 P.M. ppe a January 16, 2004 at 5:00 P.M. Gra Beck, Community Development Director This Mitigated Determination of NonSignificance (MDNS) is issued pursuant to Washington Administrative Code 197-11-340 (2). Comments must be submitted to Tami Merriman, Community Development Department, at City of Yelm, 105 Yelm Avenue West, P.O. Box 479, Yelm, WA 98597, by January 9, 2004, at 5:00 P.M. The City of Yelm will not act on this proposal prior January 16, 2004, at 5:00 P.M. You may appeal this determination to the Yelm Hearing Examiner, at above address, by submitting a written appeal no later than January 16, 2004, at 5:00 P.M. You should be prepared to make specific factual objections. Contact Grant Beck, Community Development Director, to learn more about the procedures for SEPA appeals. This MDNS is not a permit and does not by itself constitute project approval. The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Code (Title 17 YMC), Critical Areas Code (Chapter 14.08 YMC), Storm water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) (Title 14 YMC), Road Design Standards, Platting and Subdivision Code (Title 16 YMC), and the Shoreline Master Program. DO NOT PUBLISH BELOW THIS LINE Published: Nisqually Valley News, Friday, January 2, 2004 Posted in public areas: Friday, December 26, 2004 Copies to: All agencies/citizens on SEPA mailing list and adjacent property owners Dept, of Ecology w/checklist ATTACHMENT SEPA Case Number 8353 Findings of Fact This Mitigated Determination of Non Significance is based on the project as proposed and the impacts and potential mitigation measures reflected in the following environmental documents: • Environmental Checklist (dated October, 2003, prepared by SCA Consulting Group) • Traffic Impact Analysis (dated September 2003, and updated November 2003, prepared by Transportation Engineering Northwest) • Preliminary Storm Drainage and Erosion Control Report (dated October 2003, prepared by SCA Consulting Group) The traffic impact analysis (TIA) submitted as part of the subdivision application indicates that the project will generate 928 vehicle trips per day, with a PM peak of 98 vehicles per hour. The TIA, assuming a baseline annual growth rate of 4%, indicated that: The intersection of 105th Ave, and Clark Road will be at a. Level of Service (LOS) A, with an average delay of 9 seconds. The signalized intersection of Clark Road and Yelm Avenue will be at a LOS A, with an average delay of 9 seconds. The intersection of 3`d Street and Yelm Avenue will be at LOS C, with an average delay of 22 seconds. The intersection of Mosman and 1St Street (507) will be at LOS D, with an average delay of 33 seconds. The signalized intersection of Yelm Avenue and First Street will be at LOS D, with an average delay of 48 seconds. The intersection of Yelm Avenue West (510) and SW Longmire Street will be at LOS F, with an average delay of 56 seconds. The intersection of Yelm Avenue (507) and NE 103`d Street will be at LOS D, with an average delay of 34 seconds. The intersection of Yelm Avenue East (507) and Bald Hills Road will be at LOS C, with an average delay of 30 seconds. Frontage improvements will be constructed along 105th Avenue SE. The subdivision will provide for a road connection to the existing neighborhood to the north, with a narrowed street, traffic signs, no parking and a raised pedestrian crossing. The subdivision will provide connecting sidewalks from Yelm Terra to the sidewalks in the Prairie View subdivision. 3. The City of Yelm has adopted a concurrency management system as required by the Growth Management Act. Chapter 15.40 YMC (concurrency Management) is designed to ensure that the improvements required to support development are available at the time of development. A concurrency determination may be issued for a proposal as it relates to transportation issues when: the development provides on-site frontage improvements; the project makes off-site improvements as necessary to provide for the safe movement of traffic; and the project makes a contribution to projects identified the six year transportation improvement program in the form of a Transportation Facilities Charge. The Growth Management Act at Section 36.70.070 (6)(b) RCW states that a finding of concurrency can be issued when required improvements are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years. 4. Improvements to West Yelm Avenue, including atwo-way center turn lane, is listed as a project on the 2003 - 2008 Transportation Improvement Program. West Yelm Avenue is a State Highway (SR 510). There is no financial commitment currently in place to complete the improvement. Improvements to the Mosman Street/SR 507 intersection including intersection realignment, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Improvements to Mosman Street to 2"d Street including widening the roadway, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Improvements to Mill Road including road realignment, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Private streets within the City limits shall not be allowed except when approved by the City and when all conditions of Section 4B.070, Development Guidelines are met. Section 48.070(8) states that private streets are not allowed when the street is connected to two public streets. Section 48.150 Yelm Development guidelines states that sight distance at intersections shall be in conformance with the WSDOT Design Manual and the AASHTO Green Book. The City's Comprehensive Transportation Plans connectivity policy recognizes that increasing connections throughout the City not only reduces traffic congestion, but also increases the sense of unity of the community. Section16.16.090 Yelm Municipal Code (YMC) states that the layout of streets shall provide for continuation of streets existing in adjoining subdivisions. 5. Mosman Street from 3`d to SR 507, and 3`d Street from;the Praire View subdivision to SR 507 are currently substandard in that they have travel lanes less than 12 feet in width in areas. 3`d Street in the Prarie View subdivsion does not meet current standards for a neighborhood collector street. There is a berm at the intersection of Clark Road and 105th Avenue which may limit sight distance below acceptable standards with the addition of traffic to 105th Avenue. 6. The public right-of-way at 105th Avenue ends at the western property line of the development and 105th continues as a one lane, curved, right-of-use road to Mill Road and SR 507. This right-of- use road does not meet any public street standards, is a one-way street used for two way traffic, and contains no pull-outs. The development will provide alternate connectivity in the form of a public street from 105th, through Yelm Terra and Prairie View, along Mosman to SR 507. Section 14.16.110 YMC provides for the preservation of trees on private property with new development and requires that existing trees not be removed until a final decision is made regarding the feasibility of preserving existing trees. The existing trees on this property are a group of large Douglas Fir. The trees located in the area of proposed stormwater treatment areas are in danger of future tree failure with grading near the base of the trees. Existing trees that are located in areas of qualified open space should be protected during development with protective fencing at the drip line. All machinery shall be kept out of the drip line. 8. Chapter14.12 YMC requires the dedication of open space for all residential development. Section 14.12.050 YMC lists four (4) attributes for qualification of open space. Section 14.12.060 allows for a fee in lieu of open space under certain conditions. 9. The Yelm School District has adopted a school mitigation requirement based on the demand that new residential units create for additional school services and facilities. Additional demands on the school system will be mitigated through the requirement that the developer enter into a mitigation agreement with the District. Mitigation Measures The developer shall mitigate transportation impacts based on the new residential P.M. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building permit. Credit should be given for the existing single-family dwelling. 2. Prior to final subdivision approval, the developer shall complete the following transportation improvements: a. The north half of 105th Avenue shall be improved to City Standards for a Neighborhood Collector from Clark Road, to the western most property line of the proposed subdivision. b. The right-of-use portion of 105th Avenue shall be blocked by a barricade meeting Yelm Development Guidelines and Manual of Uniform Trafffic Control Devices (MUTCD) standards at Mill Road and signed pursuant to MUTCD as a private road with no though access. c. The developer shall ensure sight distance at the intersection of Clark Road and 105tt' Avenue meets Yelm Development Guidelines and ASHTO specifications. d. 3`d Street, between the proposed subdivision and Mosman Street, shall be improved to a 24 foot asphalt driving surface with vertical concrete curb on both sides, and signage for no parking. e. 3`d Street, from Mosman to Yelm Avenue East (507) and Mosman from 3`d Street to First Street (507) shall be improved to a 24 feet driving surface with 2-foot shoulders. f. Sidewalks from the proposed development must connect to the sidewalks in the Parkview development, pursuant to the TIA. Prior to any land clearing, a site plan including the location of all trees to be retained and removed (exceeding 8 inches in diameter) must be reviewed and approved by the Community Development Department. Tree losses shall be mitigated by planting at least a 2 to 1 mix of evergreen (70%) and deciduous trees (30%), with a minimum of a 2-inch caliper measured at 4 feet from the ground, around the perimeter of the storm pond areas, and in-the qualified open space areas. Trees to remain must be protected during construction pursuant to Chapter 14.16 YMC. 4. Pay open space "Fee in Lieu of" for the difference between the qualified (usable) open space, and the required open space. The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. ;~.. ,. <=~ = - ~~~'~?~ r-: •^'~ J, n ~ J1 ~TL fl~ W.'~Si'jii~V ~i i ~J 1~ D~~ARTNIEN i Or ~COLOG~' P.G'. Box -?7i75 • Ofympia, L4'ashi~~gton 98~©-•'-iii ~ (3a'0) 40T-6300 January 9, 2004 Ms. Tami Merriman Community Development Department City of Yelm 105 Yelm Avenue West Yelm, WA 98597 ~~ --- - ~ Your address __ I is in the -~ Uti j Dear Ms. Merriman: Thank you for the opportunity to comment on the mitigated determination of nonsignificance for the Yelm Terra (SEPA #8353) located between 105' Avenue Southeast, between Clark Road and Mill Road, as proposed by Yelm Terra LLC. We reviewed the environmental checldist and have the following comments: Water Quality Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent soil from being carried<into surface water by stormwater runoff. Sand, silt, and soil will damage aquatic habitat and are considered pollutants. Proper disposal of construction debris must be on land in such a manner that debris cannot enter the old drainage ditch or cause water quality degradation of state waters. Erosion and sediment control is a 1<ey to preserving habitat and preventing denudation of a developing area. The following practices are recommended: Clearing limits andlor any easements or required buffers should be staked and flag`ed in the field. All temporary erosion control systems should be desi~n~ed to contain the runoff from the developed t« o year. 24-hour design storm without eroding. Pro~~ision should be made to minimize the trackin~~ of sediment by construction vehicles onto pared public roads. If sediment is deposited. it should be cleaned every day b}~ shovelin~~ or s~~eepin~,. ~~~ater clearin~~ should only be done after the area has been shoti~eled out or s«~ept. Pant and «~al] tinis}~ing equipment wash ~~'ater should be disposed of in a way which kill nit ad~~cr~cl_~~ impact the «atcr qualit}~ of the state. Ms. Tami Merriman January 9, 2004 Page 2 The owner of a construction site which disturbs five acres or more of total land area, and which has or will have a discharge of stonnwater to a surface water or to a stone sewer, must apply for coverage under Ecology-s General Permit for Stoi-mwater Discharges Associated with Construction Activities. Owners of sites where less than five acres of total land area will be disturbed must also apply if the construction activity is part of a larger contiguous plan of development or sale in which more than five acres will evenhlally be disturbed. Discharge of stonnwater from such sites without a permit is a violation of federal and state law and the owner will be subject to enforcement action by the Department of Ecology or tlu-ough third party lawsuits. For construction of subdivisions, the five acre threshold which triggers the NPDES permit requirement applies to land that is disturbed by the land owner, land owner's agent, or by an entity which has obtained a use agreement (e.g., lease, easement) fiom the land owner. Include acreage which is disturbed (e.g., graded) prior to its sale to independent contractor(s). A stonnwater pernlit application form, referred to as a Notice of Intent, can be obtained by calling Ecology's Stonnwater Request Line (360) 407-7156 or Linda Matlock at (360) 407-6437. Applicants are encouraged to submit completed forms and publish public notices more than 38 days prior to the planned start of construction to avoid delays to the project. Water Resources The proponent is responsible for inspecting the site to detern~ine the location of all existing wells. Any unused wells must be properly decommissioned and decommissioning reports submitted to Ecology as described in Chapter 173-160 WAC entitled "Minimum Standards for the Construction and Maintenance of Wells." This includes resource protection wells and any dewatering wells installed during the conshuction phase of the project. If you have any questions or would like to respond to these coi~runents, please call Roberta Woods (Water Quality) at (360) 407-6296 and/or Deb Hunemuller (Water Resources) at (360) 407-0290. Sincerely, _--- ~~~~ ~'r ,,~ J{~ Jeri Berube Administrative Coordinator JB: smb (03-7970) cc: Roberta tiVoods. WQ Linda Matlock, WQ Deb Hunemuller. WR Yelm Terra, LLC (Applicant) 4 `61~ II. 1 _ __.__.__.__.__.__.__._ i __._ ~ Y e _,__.__.__.__.__.__.__.__.__.__.__.__.__._ ~~ ."r, 1® ~_~i January 9; 2004 .. ~ a~ ~~~ .~ t~ aoaa 4200 Sixth Ave SE, Suite 301 Lacey, WA 98503 P.O. Box 3485 Grant Beck, Community Development Director Lacey, WA 98509-3485 City Of Yeim (360) 493-6002 PO BOX 479 (360) 493-2476 Fax Yelm, WA 98597 sca@scaconsultinggroup.com www.thescagroup.com RE: Yeim Terra -MDNS Comments SCA#03008 Dear Mr. Beck: This letter is to formally comrr,ent on the Mitigator Measures attached to the Yelm Terra MDNS dated December 26, 2003. Specifically, we wish to comment on Finding of Fact #5 and Mitigation Measures 2d and 2e relating. to off-site roadway improvements. Finding of Fact #5 states in part; "3rd Street in the Prairie View subdivision does not meet current standards for a neighborhood collector street." This is a true statement, however, it should be pointed out that the subject section of street was built to neighborhood collector standards at the time the subdivision was built. The Park View subdivision is not that old and the City required 3`d street to be stubbed to the south. This means that the City anticipated and encouraged more traffic to utilize this section street and asked for the street to be built accordingly. Therefore, Mitigation Measure 2d should not be attached to the Yelm Terra MDNS. 3~d Street within the Park View subdivision was built to the requested street standard in place at the time the plat was developed. A change in the street. standards is not an action caused by the proposed development and it should not be the responsibility of Yelm Terra to update the street section. If existing on-street parking is an issue with traffic safety on 3rd Street, then the City needs to take the responsibility to enforce the no parking requirements to ensure proper traffic safety. Furthermore, the traffic impact analysis addressed conditions on 3~d Street and recommended the placement of no parking signs and a stop sign at Mossman Road. There is no discussion or recommendation in the TIA that such a mitigation measure is necessary. Mitigation Measure 2d is simply not supported by the TIA or by the expanded Finding of Fact outlined above. We ask the City to withdraw or consider other alternatives for Mitigation Measure 2d from the MDNS. We ask for a clarification on Mitigation Measure 2e. 2e requires 3~d Street to be improved to a 24 foot driving surface with 2-foot shoulders. What is the expected surface composition of the shoulders, gravel or asphalt pavement? Thank you for the opportunity to comment on the MDNS for Yelm Terra. We hope the City will be able to respond to our questions and comments within the next couple of days. In the event we do not hear back from you prior to the January 16 appeal deadline, we wish to inform the City we intend to maintain our due process by filing the appropriate appeal documentation. We look forward to your response and if you have any questions, please contact me at 360,493.6002. DESIC'N/PUILD CIVIL AND TRANSPORTATrON ENC;'INEER[N4; PLANNING SURVEYtfdG SLC Development June 6, 2003 Page 2 cc: (g:\text\pr\2003\03Gv8\8eck0i09o4.doc) 01/09/2004 14:14 FAX 253 512 2268 COMh1UNITY DEVELOPMENT lQ]002 January 9, 2004 Grant Beck Yelm Community Development Director Dear Mr. Beck: I have reviewed the revised traffic report and the MI3NS provide~J for the Ye1m Terra Subdivision. The traffic report does not accurately reflect the current delay time for traffic turning left onto Clark Road frown Yelm Avenue, During peak hours, traffic moving east is typically bumper to bumper, traveling at approximately 20 miles per hour. When turning south onto Clarl: Road from Yelm Avenue, drivers often cannot find a break in this line of traffic until the tzafflc light has changed to red. As a result, only one car can turn left (illegally} for each light change. Granted, this does ;act happen all the time, but it does occur often enough for one to know that adding 97 new homes on 105` Way SE will result in longer lines of traffic trying to turn left onto Clark. The City is aware that Yelm Avenue is at a transportation Level ~~f Service "F" and should xequire Yelm Terra LLC to reduce or eliminate the resulting additional impact: their proposal will have on traffic flow. The MDNS should bs xevised, adding a new mitigation measwe requiring the applicant to install a left turn signal to allow safe movement of vehicles turning onto ClarJc Road from Yelm Avenue. I would also like to bring up my concern about the impact this project will have on my ability to get out of my driveway during peak hours. As I had specified in my previous letter, my driveway is only about 60 feet from the intersection. Three or more vehicles backed up ~ozl 105°i Way to tum onto Clark will prevent anyone from leaving my driveway. Despite the traffic report's indication that this road will remain Level of Service "A", I am quite sure that after the 97 residences in Yelm Tema are occupied, I will be forced to wait for a significant time for cars to let me onto I05`" Way so I can leave for work in the mornings. This makes my existing garage and driveway unusable. I will be forced to park in my pasture west of my house just so I can leave for work at a reasonable timz. At ~'nc very least, please consider a requirement that the developer provide the City with a $10,000 bond, to be held for minimum of one year after all new residences are sold. If the impact that I believe will occur does occur, then the money should be used toward constru~~ting a new driveway and two-car garage for the residents of 15939 105`" Way'. The new driveway and garage will be located west of the house, further from I05`~' Way where traffic stopped to turn onto Clark }Zd. will no longer impact the residents of this property. If the impact to the residents does not materialize, the bond will be released to the developer. Thank you for your serious consideration of these mitigation mef~sures. I look forward to receiving your final threshold determination. Sincerely, 13eth Jorgenson '1'kae owner oCthas property will make up the difYertnce in construction coets. NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, March 1, 2004, 9:00 a.m. PLACE: Yelm Public Works, 901 Rhoton Road, Yelm WA 1. PURPOSE: Public Hearing to receive comments regarding the proposed Yelm Terra Subdivision of 24.25 acres into 97 single family residential lots. The project site is located on 105t" Ave. SE, Yelm, WA, between Ciark Fcoad and Mill Road. Case No. SUB-03-8353-YL Applicant: Yelm Terra LLC Z. PURPOSE: Public Meeting to hear testimony from parties of record, regarding an appeal of certain conditions of the Mitigated Determination of Nonsignificance issued for the Yelm Terra Subdivision. Case #APP-04-0005-YL Appellant: Dr. Lee Anne Campbell Applicant: Yelm Terra LLC The City ofi Yelm Hearing Examiner will hold a public hearing to receive comments on the proposed Yelm Terra Subdivision, and to hear testimony from parties of record, regarding an appeal of certain conditions of the Mitigated Determination of Nonsignificance for the Yelm Terra Subdivision. The Hearing Examiner will make a decision on the matter within 10 days after the meeting. ~ .. Parties of Record may testifiy at the meeting on Monday, March 1, 2004. Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please contact Tami Merriman at (360) 458-3835. The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate in this hearing, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting. ATTEST: City of Yelm ,, /kgnes Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, February 20, 2004 Mailed to Adjacent Property Owners and Posted in Public Places: February 17, 2004 Staff report City of Yelm Community Development Department To: Stephen K. Causseaux, Jr., Hearing Examiner From: Grant Beck, Director of Community Developmen Date: February 6, 2004 Subject: Appeal of Mitigated Determination of Non-Significance SUB-03-8353-YL APL-04-0005-YL Appellant: Dr. Lee Anne Campbell 15715 105t" Avenue Yelm, WA 98597 Applicant: Yelm Terra, LLC Location: 105t" Avenue between Clark Road and Mill Road. Proposal: Appeal Findings of Fact 2 and 6 of the MDNS issued for the proposed Yelm Terra subdivision. 1. INTRODUCTION Dr. Lee Anne Campbell appeals the issuance of a Mitigated Determination of Non- significance for a proposed 97 lot subdivision. Specifically, Dr. Campbell take issue with the mitigation measure which requires the closure of 1051 Avenue at Mill Road. II. BACKGROUND Yelm Terra, LLC applied for a subdivision of approximately 25 acres into 97 residential lots. A traffic impact analysis (TIA) was submitted with the application as part of an expanded environmental checklist. The Community Development Department reviewed the TIA and requested additional information and clarification, which resulted in an updated TIA. Based on the environmental checklist and TIA, the Community Development Department on December 26, 2003, issued a Mitigated Determination of Non- significance pursuant to the State Environmental Policy Act, it's rules, and Chapter 14.04 YMC. The determination contained the following findings of fact subject to Dr. Campbell's appeal 2. The traffic impact analysis (TIA) submitted as part of the subdivision application indicates that the project will generate 928 vehicle trips per day, with a PM peak of 98 vehicles per hour. The TIA, assuming a baseline annual growth rate of 4%, indicated that: The intersection of 105t" Ave, and Clark Road will be at a Level of Service (LOS) A, with an average delay of 9 seconds. The signalized intersection of Clark Road and Yelm Avenue will be at a LOS A, with an average delay of 9 seconds. The intersection of 3rd Street and Yelm Avenue will be at LOS C, with an average delay of 22 seconds. The intersection of Mosman and 1St Street (507) will be at LOS D, with an average delay of 33 seconds. The signalized intersection of Yelm Avenue and First Street will be at LOS D, with an average delay of 48 seconds. The intersection of Yelm Avenue West (510) and SW Longmire Street will be at LOS F, with an average delay of 56 seconds. The intersection of Yelm Avenue (507) and NE 103rd Street will be at LOS D, with an average delay of 34 seconds. The intersection of Yelm Avenue East (507) and Bald Hills Road will be at LOS C, with an average delay of 30 seconds. Frontage improvements will be constructed along 105t" Avenue SE. The subdivision will provide for a road connection to the existing neighborhood to the north, with a narrowed street, traffic signs, no parking and a raised pedestrian crossing. The, subdivision will provide connecting sidewalks from Yelm Terra to the sidewalks in the Prairie View subdivision. 6. The public right-of-way at 105t" Avenue ends at the western property line of the development and 105t" continues as a one lane, curved, right-of-use road to Mill Road and SR 507. This right-of-use road does not meet any public street standards, is a one-way street used for two way traffic, and contains no pull-outs. The development will provide alternate connectivity in the form of a public street from 1051", through Yelm Terra and Prairie View, along Mosman to SR 507. Although not included in the appeal, findings 2 and 6 are the facts which support the proposed mitigating condition which requires the closure of 105t" Avenue SE at Mill Road. Specifically, mitigating condition 2.b. states that "the right-of-use portion of 105tH Avenue shall be blocked by a barricade meeting Yelm Development Guidelines and Manual of Uniform Traffic Control Devices (MUTCD) standards at Mill Road and signed pursuant to MUTCD as a private road with no though access". February 6, 2004 Page 2 of 4 III. ISSUES Dr. Campbell is concerned that the closure of 105th Street at Mill Road will be a adverse impact to herself and the neighborhood by impacting privacy by creating an area for public use at the end of the closed road, delaying fire and police protection services for the area. The appeal indicates that the proposed project will create more traffic than stated in the TiA which will impact the use of 105th as a short cut to avoid traffic on Yelm Avenue. It is also noted that the neighborhood is currently impacted by `by-pass' traffic through speeding and congestion. IV. ANALYSIS Trip Generation The trip generation figures used by the developer in the Traffic Impact Analysis are those from the Trip Generation Manual prepared by the Institute of Traffic Engineers. This document is the standard for evaluating traffic generation by most jurisdictions in the State of Washington and is the standard in Yelm for calculating Traffic Facilities Charges and for the preparation and review of TIA's. The traffic distribution from the proposed development was prepared by the City based on a local traffic model. The distribution pattern was developed in two ways -assuming 105th Avenue SE remained connected to Mill Road and assuming it was a dead end road in order to fairly evaluate potential impacts of both scenarios. The appeal did not contain any evidence that the project would generate more traffic than the ITE manual would predict, although it did note that additional evidence would be presented at the hearing. Emergency Services Access/Connected Streets As noted in finding of fact 6, the development will be creating a new connection between 105th Avenue and downtown Yelm, Yelm Avenue, and State Route 507. The creation of this new connection factored into the requirement that 105th Avenue SE, which is a substandard, one-way street west of the pro~osed development, be closed for safety reasons. The new connection runs from 105 h Avenue SE, through Yelm Terra to 3rd Street from which point access to Yelm Avenue via 3rd or State Route 507 via Mosman is possible. These roads are all two lane City Streets which will be improved further as part of the proposed development. Although Fire Station 21 is located on Mill Road emergency access to the homes on 105 should not be impacted by increased service times as fire apparatus will not February 6, 2Q04 Page 3 of 4 negotiate the winding, one lane section of 105th Avenue SE, according to Chief Mark King. Access to emergency response from the police will most{y likely be improved after development of Yelm Terra as the police station is located on Mosman Street and the new connection through 3`d Street provides direct access to 105th Avenue. I. CONCLUSION The mitigating conditions of the Mitigated Determination of Non-significance are appropriate and are based on identified potential significant adverse impacts attributable to the development. LIST OF EXHIBITS Appeal Notice and Letter Traffic Impact Analysis MDNS Letters regarding MDNS Map February 6, 2004 Page 4 of Q Yelm Terra Pla t Ye(m, Washington Traffic Impact Study November 25, 2003.: Project Manager: Jeff Schramm Schramm@tenw.com ~~ty~ ~~: ~~v~ ~ i '~ / ~~`' i f t ;~~~t WASHINGTCtti CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 NOTICE OF APPEAL Fee: Staff Decision - $50.00 Hearing Examiner Decision - $100.00 (In addition, any professional service char es er Resolution #358 A Closed record appeal may follow either an open record hearing or an open record administrative decision on a project permit application when the appeal is on the record, and no or limited new evidence or information is allowed to be submitted. Appeals on Category 18~ II project decisions are heard by the City Council. Appeals. on Category III & IV project decisions as well as Category I & II decisions which have been appealed to the City Council go to Superior Court and follow the judicial review process set forth in RCW 366.70C. A Notice of Appeal must be filed within 14 days of Notice of Final Decision. PROJECT CASE NUMBER BEING APPEALED ~ ~'4 l .' .' ' ~ ~. DATE OF NOTICE OF FINAL DECISION ~ ` ;:~~ ` APPELLANT(S) fl~~ C.~~ /~i'lY! i~~ '' L Pi Mailing Address /~' 1 %S` l~;h G~! ~i City, State and Zip ~~Y- r~i~ `i'ce ~ 9 "7 Telephone ~ (' C~ - ~~ ~ 5~i~f ~ SPEC-FIC ITEMS OF DECISION BEING APPEALED (attach additional sheet if necessary):- ~~~ u~~lj~'~f~~ ~> 1 affirm that all answers, statements and information contained in and submitted with this application are complete and accurate to the best of my knowledge. I also affirm that I am the owner of the subject site or am duly authorized by the owner to act with respect to this application. Further, I grant permission from the owner to any and all employees and representatives of the City of Yelm and other governmental agencies to enter upon and inspect said property as reasonably necessary to process this applicati a to pay all fees of the city which apply to this application. Signed ---~------- Date ~_~`{'~='-~ ~~ OFFICIAL USE ONLY Fee Date Received By File No. ~A~ ~1'1 ~ ~ Gy 204 CITY OF YLN~ ~~ G:\Web Contentlcommunity development~AppealApp.doc 9/01 ~ • .,Z''C111'1C e ~~~W~a e ~ ~f JAN ~.1 14 2004 .G'ee ~rine Ccunp6ell, ~. ~ cS. s e ~.nuary 13, 2004 grant Beck _ 'ommunity Development Department _'ity of Yelm 105 Yelm Avenue West P. O. Box 479 Yelm, WA 98597 Dear Grant: _ I wish to appeal two counts of the Mitigated Determination ofNon-significance. (MDNS) related to the Yelm Terra project. Item one of he appeal is fact number 2: the traffic impact analysis; and item two is fact number 6: an alternative connectivity of 105`; that is, closure of the 105th and' Mill Road access. I will cite and discuss each briefly. The. traffic im act anal sis TIA states the ro'ect will enerate 928 vehicle tri s er P Y ~ ) P J g P P day. I ascertain that that number is deflated. 'There is a greater impact than finding of facts. These numbers address the level. of service... Criteria used to address the impact to vehicles does not measure the impact to pedestrians, bicycles, and the neighborhood. Due to the congestion on Yelm Avenue, Clark Road, Mill Road and 105' are all used by both sides of the community as a bypass for wank, Mill Pond school activities and other transportation needs. Speeding and congestion presently occur at peak hours and throughout the day creating an unsafe neighborhood. Fact. number. 6 proposes closing the western end of l OSt". This will impact. the. present residents in several ways. Residents on the opposite side of the project have zoning of 1/5. Our privacy will now be gone. Closing off the street could create a haven for 105` to be a playground and alley. Fire and police. protection will be delayed and more police protection will be warranted. Finally, closure of 105' can create breedingof an unwanted element. Yes, the neighborhood's quality of life will be challenged and changed... Re resentatives of the communi will video and monitor traffic on 105th and will P tY present the results of our findings and discuss these issues at the upcoming meeting..... 202 First Street South • P.D. Box 1568 • Yclm, WA 98597 • (360) 458-7645 As a business owner and private property owner of Yelm, my concerns embrace all of us. Please give this project more thought. Revenue generated for the city is good but please address the people's concerns and needs. Thank you for assisting in. the process. Sincerel , ,, ~ .~ ~ ~ L e Anne Camp I D.D.S. Cc'. Buffy Clark and community at large SEPA N0: 8353 MITIGATED DETERMINATION OF NONSIGNIFICANCE Proponent: Yelm Terra, LLC Description of Proposal: Subdivide 24.25 acres into 97 single-family residential lots. The project includes the construction of stormwater facilities, interior streets, and street improvements to 105th Avenue SE. Location of the Proposal: The project site is located between on 105th Avenue SE, between Clark Road and Mill Road. Section/Township/Range: Section 30, Township 17 North Range 2 East, W.M. Threshold Determination: The City of Yeim as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment. Therefore, an environmental impact statement (EIS) will not be required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Conditions/Mitigating Measures: SEE ATTACHED Lead agency: City of Yelm Responsible Official: Grant Beck, Community Development Director Date of Issue: December 26, 2003 Co Deadline: January 9, 2004 at 5:00 P.M. ppe a January 16, 2004 at 5:00 P.M. Graryt~Beck, Community Development Director This Mitigated Determination of NonSignificance (MDNS) is issued pursuant to Washington Administrative Code 197-11-340 (2). Comments must be submitted to Tami Merriman, Community Development Department, at City of Yelm, 105 Yelm Avenue West, P.O. Box 479, Yelm, WA 98597, by January 9, 2004, at 5:00 P.M. The City of Yelm will not act on this proposal prior January 16, 2004, at 5:00 P.M. You may appeal this determination to the Yelm Hearing Examiner, at above address, by submitting a written appeal no later than January 16, 2004, at 5:00 P.M. You should be prepared to make specific factual objections. Contact Grant Beck, Community Development Director, to learn more about the procedures for SEPA appeals. This MDNS is not a permit and does not by itself constitute project approval. The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Code (Title 17 YMC), Critical Areas Code (Chapter 14.08 YMC), Storm water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) (Title 14 YMC), Road Design Standards, Platting and Subdivision Code (Title 16 YMC), and the Shoreline Master Program. ------------------------------------------------------ DO NOT PUBLISH BELOW THIS LINE Published: Nisqually Valley News, Friday, January 2, 2004 Posted in public areas: Friday, December 26, 2004 Copies to: All agencies/citizens on SEPA mailing list and adjacent property owners Dept. of Ecology w/checklist ATTACHMENT SEPA Case Number 8353 Findings of Fact 1. This Mitigated Determination of Non Significance is based on the project as proposed and the impacts and potential mitigation measures reflected in the following environmental documents: • Environmental Checklist (dated October, 2003, prepared by SCA Consulting Group) • Traffic Impact Analysis (dated September 2003, and updated November 2003, prepared by Transportation Engineering Northwest) • Preliminary Storm Drainage and Erosion Control Report (dated October 2003, prepared by SCA Consulting Group) 2. The traffic impact analysis (TIA) submitted as part of the subdivision application indicates that the project will generate 928 vehicle trips per day, with a PM peak of 98 vehicles per hour. The TIA, assuming a baseline annual growth rate of 4%, indicated that: The intersection of 105th Ave, and Clark Road will be at a Level of Service (LOS) A, with an average delay of 9 seconds. The signalized intersection of Clark Road and Yelm Avenue will be at a LOS A, with an average delay of 9 seconds. The intersection of 3`d Street and Yelm Avenue will be at LOS C, with an average delay of 22 seconds. The intersection of Mosman and 1St Street (507) will be at LOS D, with an average delay of 33 seconds. The signalized intersection of Yelm Avenue and First Streef will be at LOS D, with an average delay of 48 seconds. The intersection of Yelm Avenue West (510) and SW Longmire Street will be at LOS F, with an average delay of 56 seconds. The intersection of Yelm Avenue (507) and NE 103`d Street will be at LOS D, with an average delay of 34 seconds. The intersection of Yelm Avenue East (507) and Bald Hills Road will be at LOS C, with an average delay of 30 seconds. Frontage improvements will be constructed along 105th Avenue SE. The subdivision will provide for a road connection to the existing neighborhood to the north, with a narrowed street, traffic signs, no parking and a raised pedestrian crossing. The subdivision will provide connecting sidewalks from Yelm Terra to the sidewalks in the Prairie View subdivision. The City of Yelm has adopted a concurrency management system as required by the Growth Management Act. Chapter 15.40 YMC (concurrency Management) is designed to ensure that the improvements required to support development are available at the time of development. A concurrency determination may be issued for a proposal as it relates to transportation issues when: the development provides on-site frontage improvements; the project makes off-site improvements as necessary to provide for the safe movement of traffic; and the project makes a contribution to projects identified the six year transportation improvement program in the form of a Transportation Facilities Charge. The Growth Management Act at Section 36.70.070 (6) (b) RCW states that a finding of concurrency can be issued when required improvements are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years. 4. Improvements to West Yelm Avenue, including atwo-way center turn lane, is listed as a project on the 2003 - 2008 Transportation Improvement Program. WestYelm Avenue is a State Highway (SR 510). There is no financial commitment currently in place to complete the improvement. Improvements to the Mosman Street/SR 507 intersection including intersection realignment, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Improvements to Mosman Street to 2"d Street including widening the roadway, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Improvements to Mill Road including road realignment, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Private streets within the City limits shall not be allowed except when approved by the City and when all conditions of Section 48.070, Development Guidelines are met. Section 48.070(8) states that private streets are not allowed when the street is connected to two public streets. Section 46.150 Yelm Development guidelines states that sight distance at intersections shall be in conformance with the WSDOT Design Manual and the AASHTO Green Book. The City's Comprehensive Transportation Plans connectivity policy recognizes that increasing connections throughout the City not only reduces traffic congestion, but also increases the sense of unity of the community. Section16.16.090 Yelm Municipal Code (YMC) states that the layout of streets shall provide for continuation of streets existing in adjoining subdivisions. 5. Mosman Street from 3`d to SR 507, and 3`d Street from the Praire View subdivision to SR 507 are currently substandard in that they have travel lanes less than 12 feet in width in areas. 3`d Street in the Prarie View subdivsion does not meet current standards for a neighborhood collector street. There is a berm at the intersection of Clark Road and 105th Avenue which may limit sight distance below acceptable standards with the addition of traffic to 105th Avenue. The public right-of-way at 105th Avenue ends at the western property line of the development and 105th continues as a one lane, curved, right-of-use road to Mill Road and SR 507. This right-of- use road does not meet any public street standards, is a one-way street used for two way traffic, and contains no pull-outs. The development will provide alternate connectivity in the form of a public street from 105tt', through Yelm Terra and Prairie View, along Mosman to SR 507. 7. Section 14.16.110 YMC provides for the preservation of trees on private property with new development and requires that existing trees not be removed until a final decision is made regarding the feasibility of preserving existirg trees. The existing trees on this property are a group of large Douglas Fir. The trees located in the area of proposed stormwater treatment areas are in danger of future tree failure with grading near the base of the trees. Existing trees that are located in areas of qualified open space should be protected during development with protective fencing at the drip line. All machinery shall be kept out of the drip line. Chapter14.12 YMC requires the dedication of open space for all residential development. Section 14.12.050 YMC lists four (4) attributes for qualification of open space. Section 14.12.060 allows for a fee in lieu of open space under certain conditions. The Yelm School District has adopted a school mitigation requirement based on the demand that new residential units create for additional school services and facilities. Additional demands on the school system will be mitigated through the requirement that the developer enter into a mitigation agreement with the District. Mitigation Measures The developer shall mitigate transportation impacts based on the new residential P.M. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building permit. Credit should be given for the existing single-family dwelling. 2. Prior to final subdivision approval, the developer shall complete the following transportation improvements: a. The north half of 105th Avenue shall be improved to City Standards for a Neighborhood Collector from Clark Road, to the western most property line of the proposed subdivision. b. The right-of-use portion of 105th Avenue shall be blocked by a barricade meeting Yelm Development Guidelines and Manual of Uniform Trafffic Control Devices (MUTCD) standards at Mill Road and signed pursuant to MUTCD as a private. road with no though access. c. The developer shall ensure sight distance at the intersection of Clark Road and 105th Avenue meets Yelm Development Guidelines and ASHTO specifications. d. 3`d Street, between the proposed subdivision and Mosman Street, shall be improved to a 24 foot asphalt driving surface with vertical concrete curb on both sides, and signage for no parking. e. 3`d Street, from Mosman to Yelm Avenue East (507) and Mosman from 3`d Street to First Street (507) shall be improved to a 24 feet driving surface with 2-foot shoulders. f. Sidewalks from the proposed development must connect to the sidewalks in the Parkview development, pursuant to the TIA. 3. Prior to any land clearing, a site plan including the location of all trees to be retained and removed (exceeding 8 inches in diameter) must be reviewed and approved by the Community Development Department. Tree losses shall be mitigated by planting at least a 2 to 1 mix of evergreen (70%) and deciduous trees (30%), with a minimum of a 2-inch caliper measured at 4 feet from the ground, around the perimeter of the storm pond areas, and in the qualified open space areas. Trees to remain must be protected during construction pursuant to Chapter 14.16 YMC. 4. Pay open space "Fee in Lieu of" for the difference between the qualified (usable) open space, and the required open space. 5. The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, March 1, 2004, 9:00 a.m. PLACE: Yelm Public Works, 901 Rhoton Road, Yelm WA 1. PURPOSE: Public Hearing to receive comments regarding the proposed Yelm Terra Subdivision ofi 24.25 acres into 97 single. family residential lots. The project site is located on 105th Ave. SE, Yelm, WA, between Clark Road and Mill Road. Case No. SUB-03-8353-YL Applicant: Yelm Terra LLC 2. PURPOSE: Public Meeting to hear testimony from parties of record, regarding an appeal of certain conditions of the Mitigated Determination of Nonsignificance issued for the Yelm Terra Subdivision. Case #APP-04-0005-YL Appellant: Dr. Lee Anne Campbell Applicant: Yelm Terra LLC The City of Yslm Hearing Examiner will hold a public hearing to receive comments on the proposed Yelm Terra Subdivision, and to hear testimony from parties of record, regarding an appeal of certain conditions of the Mitigated Determination.of Nonsignificance for the Yelm Terra Subdivision. The Hearing Examiner will make a decision on the matter within 10 days after the meeting. ~ . Parties of Record may testify at the meeting on Monday, March 1, 2004. Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please contact Tami Merriman at (360) 458-3835. The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate in this hearing, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting. ATTEST: City of Yelm ~~ ,~ ~ lkgnes Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, February 20, 2004 Mailed to Adjacent Property Owners and Posted in Public Places: February 17, 2004 01/09/2004 14:14 FaX 253 512 2268 COMMC~NITY DEVELOPMENT 1Q 001 ~ ~! I~\ TO; grant Beck DEPT: Comrn. Dev. lrAX #: 458-3144 DATE: January 9, 2404 FROM: Beth Jorgenson PACES {INCLUDING COVER PG): 2 RE: Comment Letter for Yelm Terra's MDNS Grant, I decided to fax the attached letter instead of e-m~iiling it due to "confidential" closing that is included in all our work e-mails. Please take these comments into consideration when finalizing the MDNS. Thank you for your time. 01/09/2004 14:14 FAX 253 512 2268 COMiKL1NITY DEVELOPh4ENT I~002 .Fanuary 9, 2004 Gzant Beck Yelm Community Development Director Dear Mr. Beck: I have reviewed the revised traffic report and the MDNS provide~~ for the Yelm Terra Subdivision. The trafne repori does not accurately reflect the current delay time for traffic turning left onto Clark Road from Yelm ,A,venue, During peak hours, traffic moving east is typically bumper to bumper, traveling at approximately 20 miles per hour. When turning south onto Clarl: Road from Yelm Avenue, drivers often cannot find a break in this line of traffic until the traffic Light has changed to red. As a result, only one car call turn left (illegally} for each light change. Granted, this does ;not happen all the time, but it does occur often enough far one to know that adding 97 new homes on 105`~~ Way SE will result in longer lines of traffic trying to turn left onto Clark. The City is aware that Yelm Avenue i,s at a transportation Level ~~f Service "F" and should zequire Yelm Terra LLC to reduce or eliminate the resulting additional impact:: their proposal will have on traffc flow. The MDNS should be revised, adding a new mitigation measure requiring the applicant to install a left turn signal to allow safe movement of vehicles turning onto ClazJc Road from Ye1m Avenue. I would also like to bring up my concern about the impact this project will have on my ability to get out of my driveway during peak bouts. As I had specified in my previous letter, my driveway is only about 60 feet from the intersection. Three or more vehicles backed up ~on 105' Way to rum onto Clark will prevent anyone from leaving my driveway. Despite the traffic report's indication that this road will remain Level of Service "A", I am quite sure that after the 97 residences in Yelm Terra are occupied, I will be forced to wait for a significant time for cars to let me onto 105' 't7J'ay so I can leave for work in the mornings. This makes my existing garage and driveway unusable. I will be forced to park in my pasture west of my house just so I can have for work at a zeasonable time. At the very least, please consider a requirement that the developer provide the City with a $10,000 bond, to be held for minimum of one year after all new residences~are sold. If the impact that I believe will occur does occur, then the money should be used towaxd constru~~ting a new driveway and two-car garage for the residents of 15939 105`" Way'. The new driveway and garage will be located west of the house, fuzther from 105't' Way where traffic stopped to turn onto Clark Itr3. will no longer impact the residents of this property. If the impact to the residents does not materialize, the bond will be released to the developer. Thank you for your serious consideration of these mitigation met~sures. I look forward to receiving your final ti+seshold deterrunation. Sincerely, Beta .Torgenson ~ The owner oCt~izs property will u~,ake up the difference in con9tructior. costs. November ~, 2003 Tami Merriman Community Development Dept. P. O. Box X79 Yelm, WA 9859'7 RE: Yelm Terra Preliminary Plat Dear Ms. Merriman: ~i!'•~ r n '#r The comments provided below address the impacts the Yelm Terra subdivision, as proposed, will have on the community. The developer of Yelm Terra subdivision proposes to provide inadequate access to ar~d from the development. All egress traffic is proposed to be onto 105th Vi'ay. Even worse, the developer proposes to close 1O5t1' Vtlay where it accesses 1Vlill Road. This «~ill direct all the subdivision traffic as well as traffic generated by the current residents on 105th Way to one point: the intersection of 105`h Way and Clark Road. The traffic report provided for this proposal did not adequately address the impact this will have to the residents on 105th Way, particularly to those ~~nth driveways within 350 feet of the stop sign. Traffic from the development has a strong potential of blocking tcvo driveways serving four residences during morning peak hour traffic. The driveway closest to the stop sign is only 60 feet away from. this intersection and will be the one most affected. Closing 105th Way will also impact the pu'olic who;use this road to bypass the stagnant traffic on Yelm Avenue. Peak hour traffic is so bad in tl^ie downtown area now that it takes about I S minutes to get from the Yelm Avenue/Clark Road intersection to the high school. People often take 105th Way to bypass this congestion. The City of Yelm must not allow the developer to ignore r~is responsibilities to provide adequate ingress/egress at the site, and to not harm neighboring properties. To mitigate the traffic impact for this development, the developer must purchase property adjacent to 105th Way near Mill Road to widen the road at this end; and open 3r`~ Street to two-way traffic. Yelm Cit<< Code Section 16.16.090 states, "The luyoz~t of.streel.s~ ,s~lzall pt•ovide.jor cnrztina~urtiof~i of streets esistin~~r i~~ adjoining ,S~irhilivrsiolzs." Allo~~~ing the developer to proceed ~~~ith the subdivision as proposed will be in violation of this code as tivell as Code Sections 16.16. i 10 and 16.16.120, which do not allow for dead end streets greater than 600 feet; or ea-tend 660 feet without includin~~ a provision for at least one intersection. The City•s Comprehensive Plan also demands that 105'}' remain open at both ends and that 3~`~ Street be developed for two-«~av traffic as provided in Section B of the Transportation Element, as Follows: Tl?e ©bjective of the 7rrr;~sportcliioTa Plan is to ~YOVZde ra cis,-ejfec~i~:e ,~et~~vO~k to aCC0332i320C1at2 t3"cZVel 13Z atZCl CII'OZI32Ll file C03'2 aYecr. To crcco33?plrsll tills OJJ"~eCtl1%e, Yel3r? Yi'il, lsCtl~'el i% pZ1Y5212: 1. ~ C011~C'CteCi-S'ti"eetS ~JOIlCi' t0 ~YOil'ZDte file C'~~CiG'TZt ~Oi1' Of t3'CJ~C yi'Iti2131 tl?e C03t23?l Zli II tL'. ~. <-~ ser'ies' of co,l3?ectecl arte3•ia'S 3~:~1?ich >ti~ill pel't;lit tray rc to bypass the l~Y~a3? COYe J tt IS 3YZet'G'Ly`~JJaSS'It1~ ti23'OZi~ll, t0 i"C'C~Z1CC COi2~eStlOi2 132 tl2e C2IZiiC11 C03'2. The City of ~'eitn must take .into consideration the fact that the large-acreage properties to the south of the proposed subdivision are in Yelrr~'s Urban Gro~r~fh Boundary ar~d ~~°ill be annexed into the Clty to a few years. Land costs «~ll increase tremendously and many of these property o«mers ~~ill be forced to, or desire to subdivide their oivn properties. If the Yelm Terra's prelitnir~ary plat is not conditioned to mitigate the traffic impacts it will have on Clark Road and 105th Way, it tivill unfairly regaire a later developer or the taxpayers to rrtitigate the problems created by the developer of Yeim Terra. The City would be very short sighted if it allowed the developer to minimize his expenses by closing the Mill Read end of 105`h Way. This avenue of travel will be increasingly needed by the public as more housing developments are built. It will also help to relieve the traffic backups thro'agh downtown Yelm until a new bypass road is const'-ucted; which may be many years tom now. As this subdivision will be adding a large number of vehicles to 105th Way, the developer should be retluired to fix the dangerous condition that exists at the intersection of 105th Way and C'1_ark Road. A high embankment on the northwest corner of the intersection 'olocks drivers' views of southbound traffic on Clark Road. Vehicles entering onto Clary Road froth 105th Way must drive their vehicle almost to the center line of Clark Road before they can see approaching southbound traffic. Vehicles regularly travel at high rates of speed on Clark Rd and with the extra traffic resulting from the new subdivision, a fatality accident is itntninent. The traffic study provided by Transportation Engineering Northwest, was totally inadequate in showing the significant, negative impacts that will be imposed on the cotrtmunity if they are allowed to develop without improving both ends of 105th Way and 3r`' Street. In addition to staying silent about the impacts closing IOSt'' Way will have to the public and residents ~~•ho use l05`h Way, the transportation engineering firm collected data for the traffic study during the summer when school was not in session. Summer trafFic in Yelm flows far smoother than when school is in session. Much of that is because tl~e hiuh school and middle school are on Yelm Hightiva,~/Avenue. During the school year, school buses and parents drivin~T their kids to and from school slo1~' traffic. When buses stop to pick up or drop off children; they hold up traffic in both directions for several minutes each time. High school kids driving to school si<~nificantly increase the delay time For TraFFic on Yelm Avenue. Currently, driving from the Clark Rd; Yelm Ave intersection to the hiv7h school at 7:00 a.m. during a school day takes 10 minutes due to the stop and crawl traffic. During the off=peak time, it takes 3 three minutes to travel this same distance. You do not have to be traf'tic en~~ineer to kno~~° that that delay time is far hi~~her than 37.6 seconds as indicated in Table ? of the transportation report. ~To many of us i~aho travel this route each work day, Yelm Avenue is already considered to be at a level of service "F". Adding such a large number of homes to this area and taking a~{vagJ access to Trull Road from i 05`h w~iil result in a very significant negative impact to Yelm Avenue between Clark and 151 Street. If 105th Way is open to t~vo lanes where it meets l~1i11 Road, there X1711 be far less impact to Yelm Avemae. Another impact the proposal will have that was not addressed by the trafftc shady is the additional time it ~~~ili take the fire department located on I~~IiII Road, to get to emergencies on 105'`'' Way. i would thtnk tl~e City- titi~ould be doing all they could to reduce the tune it tapes to reach an emergency rather than increase that time. Accuracy of other areas of the traffic study is also questionable. The traffic report indicated the speed .limit on l51 Street is ~5 mph within the city limits. That is incorrect. The correct speed limit is 25 mph on this section of road. The traffic engineer also reparts the posted speed limits on Clark Rd and i051~ Way are 25 mph. This is also incorrect. The posted limits are 35 mph. I do not know if these errors contribute to distorting the analysis of the study but if they do, the study should be thrown out and completed by an impartial transportation engineering firm. fine is led to believe that if they aren't willing to take the time to find out the speed limits posted for the roads ors wr~ich they are reporting, they are also not taking the time to provide a sound analysis of existing conditions and projected impacts to the traffic levels. I hope City staff and the hearing examiner will see that a new traffic study is required b_v an impartial transportation engineering firm. The new traffic study should take into consideration how to mitigate the negative impacts to existing residents on 105th Way, and how to 3itigate the delay tinge created by emergency service vehicles who must travel further distances to residences on 105`h Way when it is closed. The only feasible solutions to mitigate the negative impact to the neighboring property owners and the pa.~blic who use 105th Way as a t;~rough road is for the City to condea~nn property near Nlill Road on 105th Way and widen the road to City of Yeim standards. The deve}open should be required to compensate the owners of the condemned property. Additionally, the road to the north proposed to be open only for ingress to the subdivision but closed to egress traffic should be widened to allow both ingress and egress traffic. If that is not feasible, another road from the north side of the subdivision should be opened for egress only. One possibility is an extension of 10~`l' Ave from Mill Road to the subdi~-~ision. Sufficient access from the subdivision on roads other than 105`h Wav would provide some relief from traffic impacts to ] OS`h Way and Clarl:Road. ?here are three other issues that the SEPA Threshold Determination should miti;~ate. The first is construction noise. The developer should be limited to worl:in,~T no earlier than 7 a.m. and no later than ~ p.m. on weekdays. No work should take place on weekends to maintain the peace of residents near the site. fy second issue that should be addressed is the impact to privacy that is currently enjoyed b_v the subdivision's nei~ahbors. ~ six- foot-hiy_=h fence should be constructed around the development to provide some privacy and hopefiully dim some; oFthe noise generated by 97 families. In keeping with the intentions of SEP?., the developer should provide access to Cochrane Park. The subdivision. is adjacent to ti'~e pare and a path or trail should be constructed for use by the public ~~ho live nearby, including those Outside the s?;bdivision. Trope that the City and the Hearing E:xamir~er i}~-ill take these comments into account and see that the developer's proposal lvlll create a ne~at?Ve impact to those residents ~vho live on l05`~ ~Ua;- a~~~d Clark load, and hall fiirtrer i?rpact future develop~rent by eliminating or restricting access to roadways u--hen more road~~-ays are needed to pe=rr?it trafi"?c to bypass congested areas. Please place ~~ e on your mailing list to receive ts'~e Enviror~nental Threshold Determination, Notice of Fublic Hearing, and Notice of Final Decision. Sincere y, ~ .~.~.2~--~ Q2U,~ Kelly an Elizabeth Jorgenson 15939 105' ~Vay S Yelm, WA 98587 ~ ~ ~~~~ ~5~~3 ~~s~~~Ys~-= ~~ 1~~ ~w ~ ~s ~7 a.~j ) ~ 0 / V~~ b' Lvl.'" .. .r c, ~ ~:-'. ~~~~ ~ ~ 3~s :~a o ~ ~~~~~~ ~r~~~, ~~~, ~~~~~~ x 1~~~~ "~ t~^~ ~~' ;~,,~,~ ;~~~'~' ~ f ~~~ ~~~~- ~~~~=~~-, ~' f' ~~ G. IDS G~~ a •-f 1 ~ U .l i /, t ~~ ~~ ~ ~ ~C ~ ~ ~ / i~ ~~~~ ~~~~~~ ~1~~ n ~i ~ ~'~ ~L^' ~ ~~ ~`~ A ^,i, ~/~ L' ~~1 ~i~~/' LY G1iCG`+-(~L L(C LL~LG~UI~ ~ +~%~ - ~ C,(-~/~~~1 ,,~~~~ ~ ;~~ n ~~ ~u ~.r~~ ~~" ~.~~ . ;- i~ ~' `~, January 9, 2004 4200 sixth Ave Sc, Suite 30: Lacey, bVA 98503 P.0. Box 3435 Lacey, WA 98509-3485 (360)493-6002 (360)493-2476 Fax sca@scaconsultinogroup.com www.thescagroup. com Grant Beck, Community City Of Yelm PO BOX 479 Yelm, WA 98597 Development Director RE: Yelm Terra -MDNS Comments SCA#03008 Dear Mr. Beck: - i ~%~ ..~ This letter is to formally comment or? the Mitigation Measures attached to the Yelm Terra MDNS dated December 26, 2003. Specifically, we wish to comment on Finding of Fact #5 and Mitigation Measures 2d and 2e relating, to off-site roadway improvements. Finding of Fact #5 states in part; "3~d Street in the Prairie View subdivision does not meet current standards for a neighborhood collector street." This is a true statement, however, it should be pointed out that the subject section of street was built to neighborhood collector standards at the time the subdivision was built. The Park View subdivision is not that old and the City required 3`d street to be stubbed to the south. This means that the City anticipated and encouraged more traffic to utilize this section street and asked for the street to be built accordingly. Therefore, Mitigation Measure 2d should not be attached to the Yelm Terra MDNS. 3`d Street within the Park View subdivision was built to the requested street standard in place at the time the plat was developed. A change in the street, standards is not an action caused by the proposed development and it should not be the responsibility of Yelm Terra to update the street section. ~If existing on-street parking is an issue with traffic safety on 3~d Street, then the City needs to take the responsibility to enforce the no parking requirements to ensure proper traffic safety. Furthermore, the traffic impact analysis addressed conditions on 3~d Street and recommended the placement of no parking signs and a stop sign at Mossman Road. There is no discussion or recommendation in the TIA that such a mitigation measure is necessary. Mitigation Measure 2d is simply not supported by the TIA or by the expanded Finding of Fact outlined above. We ask the City to withdraw or consider other alternatives for Mitigation Measure 2d from the MDNS. We ask for a clarification on Mitigation Measure 2e. 2e requires 3`~ Street to be improved to a Z4 foot driving surface with 2-foot shoulders. What is the expected surface composition of the shoulders, gravel or asphalt pavement? Thank you for the opportunity to comment on the MDNS for Yelm Terra. VVe hope the City will be able to respond to our questions and comments within the next couple of days. In the event vie do not hear back from you prior to the January 16 appeal deadline, we wish to inform the City we intend to maintain our due process by filing the appropriate appeal documentation. N/e look forward to your response and if you have any questions, please contact me at 360.493.6002. SLC Development June 6, 2003 Page 2 cc: (g: \text\pf\003\O~OOcs\BeckO i0904.doc) s` _. ~ -~ j~~ti - ST4TE ~~ ~i~,aSHt~•iGTQN DEPA! r4!Eti~ I OF ECOLOGY' P.O. Box =.'~~7~ e Olympia, ~'3sh;;,~zon °$~D-.'-:::~ ®f3b0i yL~:-o3D0 January 9, 2004 Ms. Tami Merriman Community Development Department City of Yelm 105 Yelm Avenue West Yelm, WA 98597 -, __ ' : ~, Your address _-~=- _ - - -~~ is in the - r~~ - ------~- --- ~ -- <- - i ~!v~tershed Dear Ms. Merriman: Thank you for the opportunity to comment on the mitigated determination of nonsignificance for the Yelm Terra (SEPA #8353) located between 105`'' Avenue Southeast, between Clark Road and Mill Road, as proposed by Yelm Terra LLC. We reviewed the environmental checldist and have the following comments: Water Quality Any discharge of sediment-laden ninoff or other pollutants to waters of the state is in violation of Chapter 90.48, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent soil from being carried into surface water by stormwater runoff. Sand, silt, and soil will damage aquatic habitat and are considered pollutants. Proper disposal of construction debris must be on land in such a manner that debris cannot enter the old drainage ditch or cause water quality degradation of state waters. Erosion and sediment control is a key to preserving habitat and preventing denudation of a developing area. The following practices are recommended: y Clearing limits andior any easements or required buffers should be staked and flagged in the field. All temporary erosion control systems should be desi~n~ed to contain the runoff from the developed t~vo year. 2-t-hour design stornl without eroding. Pro~~ision should be made to minimize the tracking` of sediment bti constnuction vehicles ontu pared public roads. If sediment is deposited. it shol~ld be cleaned every day by shoveling or s~~~eepinu. 1~~ater clearin<~ should only be done after the area has been sho~~eled out or swept. Paint and hall finishin~~ equipment ~~ash ~`ater shuula b~ dispucd of in a ~tia~ ~~hic}~ ~~ ill nut a~i~~rrl~. impact the ~~~ater qualit}~ of the stag. Ms. Tami Merriman January 9; 2004 Page 2 The owner of a construction site which disturbs five acres or more of total land area, and which has or will have a discharge of stormwater to a surface water or to a storm sewer, must apply for coverage under Ecology~s General Pernut for Stormwater Discharges Associated with Construction Activities. Owners of sites where less than five acres of total land area will be disturbed must also apply if the construction activity is part of a larger contiguous plan of development or sale in which more than five acres will eventually be disturbed. Discharge of storm~vater from such sites without a permit is a violation of federal and state law and the owner will be subject to enforcement action by the Department of Ecology or through third party lawsuits. For construction of subdivisions, the five acre threshold which triggers the NPDES permit requirement applies to land that is disturbed by the land owner, land owner's agent, or by an entity which has obtained a use agreement (e.g., lease, easement) from the land owner. Include acreage which is disturbed (e.g.; graded) prior to its sale to independent contractor(s). A stonmwater permit application form, referred to as a Notice of Intent, can be obtained by calling Ecology's Stornzwater Request Line (360) 407-7156 or Linda Matlock at (360) 407-6437. Applicants are encouraged to submit completed forms and publish public notices more than 38 days prior to the planned start of construction to avoid delays to the project. Water Resources The proponent is responsible for inspecting the site to determine the location of all existing wells. Any urnlsed wells must be properly decommissioned and decormnissioningrepnrts submitted to Ecology as described in Chapter 173-160 WAC entitled "Minimum Standards for the Construction and Maintenance of Wells." This includes resource protection wells and any dewatering wells installed during the construction phase of the project. If you have any questions or would like to respond to these comments, please call Roberta Woods (Water Quality) at (360) 407-6296 and/or Deb Hunemuller (Water Resources) at (360) 407-0290. Sincerely, _-- -- '" -_~~ > >~.~~ Jeri $ei-ube Administrati~-e Coordinator JB: smb (03-7970) ec: Roberta tip- nods. WQ Linda Matlock. WQ Deb Hunemuller. WR ~ elm Terra. LLC (Applicant) f `, , j, ~ i.~.,,, "eF ~ tit~~T ,...t.,-~..-~ -. n ~4 ~- ~ `+FywFS. 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Box 479 Dear Grant: ~~~ ~ 4 a~oa I wish to appeal two counts of the Mitigated Determination ofNon-significance. (MDNS) related to the Ye1m Terra project. Item one of the appeal is fact number 2: the traffic impact analysis;. and item two is fact number 6: an alternative connectivity of 105th; that is, closure of the 1 OSth and Mill Road access. I will cite and discuss each briefly: The traffic impact analysis (TIA) states the project will generate 928 vehicle trips per day. I ascertain that that number is deflated. There is a greater impact than finding of facts. These numbers address the level of service. Criteria used to address` the impact to vehicles does not measure the impact to pedestrians; bicycles; and the neighborhood. Due to the congestion on Ye1m Avenue, Clark Road, Mill Road and 105' are all used by both sides of the community as a bypass for work; Mill Pond school activities. and other transportation. needs. Speeding and congestion presently occur at peak hours and throughout the day creating an unsafe neighborhood. Fact number 6 proposes closing the western end of 105th. -This will impact the. present residents in several ways. Residents on the opposite side of the project have zoning of 1/S. Our privacy will now be gone. Closing off the street could create a haven for 105tH to be a playground and alley. Fire and police protection will be delayed and more police .protection will be warranted. Finally, closure of 105tH can create breeding of an unwanted element. Yes, the neighborhood's quality of life will be challenged and changed. Representatives of the community will video and monitor traffic on 105th and will. present the results of our findings and discuss these issues at the upcoming meeting. 202 First Street South • P.O. Box 1568 • Yelm, WA 98597 • (360) 458-7645 ~~ ~~ ~~~ ~ t I ~~~~~ 4+r'ASNINGTON CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 NOTICE OF APPEAL Fee: Staff Decision - $50.00 Hearing Examiner Decision - $100.00 (In addition, any professional service char es er Resolution #358 A Closed record appeal may follow either an open record hearing or an open record administrative decision on a project permit application when the appeal is on the record, and no or limited new evidence or information is allowed to be submitted. Appeals on Category I & II project decisions are heard by the City Council. Appeals. on Category III & IV project decisions as well as Category 1 & II decisions which have been appealed to the City Council go to Superior Court and follow the judicial review process set forth in RCW 366.70C. A Notice of Appeal must be filed within 14 days of Notice of Final Decision. PROJECT CASE NUMBER BEING APPEALED ~ 1% ~1 i (,~/,(~~~.~ ~ (~.~ `~- DATE OF NOTICE OF FINAL DECISION l 'd. ~~ ' 4 ` c APPELLANT(S) D~'- C.~ ~~n? _ ~m~~h~,~. ~ Mailing Address /~'70~ i~~~`h ir>r.,y City, State and Zip ~~~11 i~c~ Y~~ a `) `~ Telephone J (;~~-- ~~ ~fLf '~ SPECIFIC ITEMS ~~Ov~F/~DECISION BEING APPEALED (attach additional sheet if necessary):- `~~~ (l`.~t~~l'~ pig ~~ ~ I affirm that all answers, statements and information contained in and submitted with this application are complete and accurate to the best of my knowledge. I also affirm that I am the owner of the subject site or am duly authorized by the owner to act with respect to this application. Further, I grant permission from the owner to any and atl employees and representatives of the City of Yelm and other governmental agencies to enter upon and inspect said property as reasonably necessary to process this applicatip a e7to pay all fees of the city which apply to this application. Signed // Date ~'-j~~=~ ~~~ OFFICIAL USE ONLY Fee Date Received By File No. ~A~ CITY ~ ,Y~ ~'~ ~" G:\Web Content\community development\AppealApp.doc 9/01 i _ _ ._ /l ,~~: %~ %~ /~ ~~ - .: `~, January 9, 2004 4200 Sixth Avg sE, Suite 301 Lacey, WA 98503 P.O. Box 3485 Grant Beck, Community Development Director Lacey, WA 98509-3485 City Of Yelm PO BOX 479 (300) 493-6002 (360) 493-2476 Fax Yelm, WA 98597 scaC scaconsultinogroup.com w~vw.thescagroup.com RE: Yelm Terra -MDNS Comments SCA#03008 Dear Mr. Beck: ~ ;~ ~:~i~ :~ +~ ~~~~ This letter is to formally corr.m;ent on the Mitigation Measures attached to the Yelm Terra MDNS dated December 26, 2003. Specifically, we wish to comment on Finding of Fact #5 and Mitigation Measures 2d and 2e relating, to off-site roadway improvements. Finding of Fact #5 states in part; "3~d Street in the Prairie View subdivision does not meet current standards for a neighborhood collector street." This is a true statement, however, it should be pointed out that the subject section of street was built to neighborhood collector standards at the time the subdivision was built. The Park View subdivision is not that old and the City required 3~d street to be stubbed to the south. This means that the City anticipated and encouraged more traffic to utilize this section street and asked for the street to be built accordingly. Therefore, Mitigation Measure 2d should not be attached to the Yelm Terra MDNS. 3~d Street within the Park View subdivision was built to the requested street standard in place at the time the plat was developed. A change in the street, standards is not an action caused by the proposed development and it should not be the responsibility of Yelm Terra to update the street section.:If existing on-street parking is an issue with traffic safety on 3~d Street, then the City needs to take the responsibility to enforce the no parking requirements to ensure proper traffic safety. Furthermore, the traffic impact analysis addressed conditions on 3~d Street and recommended the placement of no parking signs and a stop sign at Mossman Road. There is no discussion or recommendation in the TIA that such a mitigation measure is necessary. Mitigation Measure 2d is simply not supported by the TIA or by the expanded Finding of Fact outlined above. We ask the City to withdraw or consider other alternatives for Mitigation Measure 2d from the MDNS. We ask for a clarification on Mitigation Measure 2e. 2e requires 3'~ Street to be improved to a 24 foot driving surface with 2-foot shoulders, What is the expected surface composition of the shoulders, gravel or asphalt pavement? Thank you for the opportunity to comment on the MDNS for Yelm Terra. We hope the City will be able to respond to our questions and comments within the next couple of days. In the event vie do not hear back from you prior to the January 16 appeal deadline, we wish to inform the City vve intend to maintain our due process by filing the appropriate appeal documentation. Vile look forward to your response and if you have any questions, please contact me at 360.493.6002. f~~';IC,(;('~!Ill f) (I'Jfl Ai9r) r~RA(V ;P~JPrftrl~)fl r_hlC;li~lf FR(FI<, r'Ll~fiI~111IG '-, 11 ('.JF~Y119C; SLC DevE ment June 6, 2003 Page 2 cc: s (g: \text\pi\'z003\030"v~\Beck010904.doc) ~~.r,: J ~=~<j r;` ST,~eT~ ©~ W~~S~-3ti~GiON DEPART~~IEN I OF ECOLOGI' P.O. Box~ii7~ ®Olympia, '~'ashrr•Jion 9$JD--'-~ i %J • (35t7j ~~:-530C 3ar~uary 9, 2004 Ms. Tami Merriman Community Development Department City of Yelm 105 Yelm Avenue West Yelm, WA 98597 -- ,' ~ j Your address ~~., - -_ _-ram- _ - - -~~ is in the -~ -- -- ~ ~!vatershed Dear Ms. Merriman: Thank you for the opportunity to comment on the mitigated determination of nonsignificance for the Yelm Terra (SEPA #8353) located between 105`'' Avenue Southeast, between Clark Road and Mill Road, as proposed by Yelm Terra LLC. We reviewed the environmental checl~list and have the following comments: Water Quality Any discharge of sediment-laden ninoff or other pollutants to waters of the state is in violation of Chapter 90.48, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent soil from being carried into surface water by stormwater runoff. Sand, silt, and soil will damage aquatic habitat and are considered pollutants. Proper disposal of construction debris must be on land in such a manner that debris cannot enter the old drainage ditch or cause water quality degradation of state waters. Erosion and sediment control is a key to preserving habitat and preventing dentldation of a developing area. The following practices are recommended: Clearin~~ limits andior any easements or required buffers should be staked and flagged in the field. All temporary erosion control systems should be designed to contain the runoff from the developed two year. 2-1-hour design stone without erodin~~. Provision should be made to minimize the trackin~~ of sediment by construction vehicles onto pay ed public roads. If sediment is deposited, it shou]d be cleaned every day b}' sho~ellnyT ar s«eepin~~. ~``ater clearine should onl~• be done atter the area has been sho~-eled out or swept. Parni and ~~~all tinishin~, equipment wall; ~~~atcr should be dispuscd of in a u~ati~ which ~t~ill nut ad~cr:~el~. impact the water qualit}~ of the stag. Ms. Tami Mernman January 9; 2004 Page 2 The owner of a construction site which disturbs five acres or more of total land area, and which has or will have a discharge of stonnwater to a surface water or to a stone sewer, must apply for coverage under Eco1_ow's General Permit for Stormwater Discharges Associated with Construction Activities. Owners of sites where less than five acres of total land area will be disturbed must also apply if the construction activity is part of a larger contiguous plan of development or sale in which more than five acres will eventually be disturbed. Discharge of storm~vater from such sites without a permit is a violation of federal and state law and the owner will be subject to enforcement action by the Department of Ecology or through third party lawsuits. For construction of subdivisions, the five acre threshold which triggers the NPDES permit requirement applies to land that is disturbed by the land owner, land owner's agent, or by an entity which has obtained a use agreement (e.g., lease, easement) from the land owner. Include acreage which is disturbed (e.g., graded) prior to its sale to independent contractor(s). A stonmwater permit application form, referred to as a Notice of Intent, can be obtained by calling Ecology's Storniwater Request Line (360) 407-7156 or Linda Matlock at (360) 407-6437. Applicants are encouraged to submit completed forms and publish public notices more than 38 days prior to the planned start of construction to avoid delays to the project. Water Resources The proponent is responsible for inspecting the site to determine the location of all existing wells. Any unused wells must be properly decommissioned and decommissioning reports subnutted to Ecology as described in Chapter 173-160 WAC entitled "Minimum Standards for the Construction and Maintenance of Wells." This includes resource protection wells and any dewatering wells installed during the construction phase of the project. If you have any questions or would like to respond to these continents, please call Roberta Woods (Water Quality) at (360) 407-6296 and/or Deb Hunemuller (Water Resources) at (360) 407-0290. Sincerely, ~ ~11~ ~ t ~'~ ~ ~ ~} ~ Jeri Berube Administrative Coordinator JB: smb (03-7970) cc: Roberta «~ oods. WQ Linda Matlock. ~~'Q Deb Hunemuller. WR Z-elm Terra. LLC (Applicant) SEPA N0: 8353 M1TiGATED DETERMINATION OF NONSiGNIF1CANCE Proponent: Description of Proposal Location of the Proposal: Yelm Terra, LLC Subdivide 24.25 acres into 97 single-family residential lots. The project includes the construction of stormwater facilities, interior streets, and street improvements to 105' Avenue SE. The project site is located between on 105th Avenue SE, between Clark Road and Mill Road. Section/Township/Range: Section 30, Township 17 North Range 2 East, W.M. Threshold Determination: The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment. Therefore, an environmental impact statement (EIS) will not be required under RCW 43.21 C.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Conditions/Mitigating Measures: SEE ATTACHED Lead agency: City of Yelm Responsible Official: Grant Beck, Community Development Director Date of Issue: December 26, 2003 Com Deadline: January 9, 2004 at 5:00 P.M. ppe a January 16, 2004 at 5:00 P.M. Gra .Beck, Community Development Director This Mitigated Determination of NonSignificance (MDNS) is issued pursuant to Washington Administrative Code 197-11-340 (2). Comments must be submitted to Tami Merriman, Community Development Department, at City of Yelm, 105 Yelm Avenue West, P.O. Box 479, Yelm, WA 98597, by January 9, 2004, at 5:00 P.M. The City of Yelm will not act on this proposal prior January 16, 2004, at 5:00 P.M. You may appeal this determination to the Yelm Hearing Examiner, at above address, by submitting a written appeal no later than January 16, 2004, at 5:00 P.M. You should be prepared to make specific factual objections. Contact Grant Beck, Community Development Director, to learn more about the procedures for SEPA appeals. This MDNS is not a permit and does not by itself constitute project approval. The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Code (Title 17 YMC), Critical Areas Code (Chapter 14.08 YMC), Storm water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) (Title 14 YMC), Road Design Standards, Platting and Subdivision Code (Title 16 YMC), and the Shoreline Master Program. DO NOT PUBLISH BELOW THIS LINE Published: Nisqually Valley News, Friday, January 2, 2004 Posted in public areas: Friday, December 26, 2004 Copies to: All agencies/citizens on SEPA mailing list and adjacent property owners Dept. of Ecology w/checklist As a business owner and private property owner of Yelm, my concerns embrace all of us. Please give this project more thought. Revenue generated for the city is good but please address the people's concerns and needs. Thank you for assisting in the process. Sincerel ' L e Anne Camp I D.D.S. Cc: Buffy Clark and community at large 01/08/2004 14:14 FAX 253 512 2268 COMMUNITY DEVELOPMENT 1Q 002 .Fanuary 9, 2004 Gzant Beck Yelm Community Development Director Dear Mr. Beck: I have reviewed the revised traffic report and the MDNS provide~~ for the Ye1m Terra Subdivision. The trafric report does not accurately reflect the current delay time for traffic turning left onto Clark Road frown, Yelm .A.vezaue, During peak bows, traffic moving east is typically bumper to bumper, traveling at approximately 20 miles per hour. When turning south onto Clarl: Road from Yelm avenue, drivers often cannot find a break in this line of traffic until the traffic light has changed to red. As a result, only one car can turn left (illegally} for each light change. Granted, this does ;not happen all the time, but it does occur often enough far one to know that adding 97 new homes on 1Q5`~~ Way SE will result in longer lines of traffic trying to turn left onto Clark. The City is aware that Yelm Avenue i,s at a transportation Level °~f Service "F" and should zequire Yelm Terra LLC to reduce or eliminate the resulting additional impact;: their proposal will have on traffic flow. The MDNS should be revised, adding a nevsr mitigation measure requiring the applicant to install a left tum signal to allow safe movement of vehicles turning onto ClarJc Road from Ye1m Avenue. I would also like to bring up my concern about the impact this project will have on my ability to get out of my driveway during peak hours. As I had specified in my previous letter, my driveway is only about 60 feet from the intersection. Three or more vehicles backed up ~on 105' Way to turn onto Clark will prevent anyone from leaving my driveway. Despite the izaffic report's indication that this road will remain Level of Service "A", I am quite sure that after the 97 residences in Yelm Tema are occupied I will be forced to wait for a significant time for cars to let me onto 105' 'W'ay so I can leave for work in the mornings. This makes my existing garage and driveway unusable. I will be forced to park in my pasture west of my house just so I can leave for work at a reasonable timE. At the very least, please consider a requirement that the developer provide the City with a $10,000 bond, to be held for minimum of one year after all new residences~are sold. If the impact that I believe will occw does occur, then the money should be used toward constru~~ting a new driveway and two-car garage for the residents of 15939 105`" Way'. The new driveway and garage will be located west of the house, further from 105`x' Way where traffic stopped to turn onto Clark }tti. will no longer impact the residents of this property. If the impact to the residents does not materialize, the bond will he released to the developer. 'Thank you for your serious consideration of these mitigation mei°sures. I look forward to receiving your final trreshold determination. Sincerely, Betn Sorgenson ° 'fk°e vwaer ofthis proaerty vv°il u~,ake up the difference in con3tructior. costs. November 3, 2003 Tami Merriman Cozr~munity Development Dept. P. O. Box X79 Yelm, WA X8597 RE: Yelm Terra Preliminary Plat Dear Ms. Merriman: ~i~'~ Q ~. ?"' The comments provided belovv address the impacts the Yelm Terra subdivision, as proposed, will have on the community. The developer of Yelm Terra subdivision proposes to provide inadequate access to and from the development. All egress traffic is proposed to be onto 105`h ~'ay. Even worse, the developer proposes to close 105' Way where it accesses 1~tIi11 Road. This i~~ill direct all the subdivision traffic as well as traffic generated by the clarrent residents on 105' Way to one point: the intersection of 105`h Way and Clark Road. The traffic report provided for this proposal did not adequately address the impact this will have to the residents on 105th Way, particularly to those with driveways within 350 feet of the stop sign. Traffic from the development has a strong potential of blocking rivo driveways serving four residences during morning peak hour traffic. The driveway closest to the stop sign is only 60 feet away from this intersection and will be the one most affected. Closing 105`h Way will also impact the pu'olic wha,use this road to bypass the stagnant traffic on Yelm Avenue. Peak hour traffic is so bad in the downtown area now that it takes about I S minutes to get fram the Yelm Avenue/Clark Road intersection to the high. school. People often take 105`h Way to bypass this congestion. The City of Yelm must nat allow the developer to ignore r~is responsibilities to provide adequate ingresslegress at the site, and to not harm neighboring properties. To mitigate the traffic impact for this development, the developer must purchase property adjacent to 105t1i Way near Mill Road to widen the road at this end, and open 3r`~ Street to rivo-vvay traffic. Yelm Cit<~ Code Section 1b.16.090 states, ``The la}=oai1 r~fstf•eets~ shall pt•nvide.jor enntirzzrcrtion of sh•ec~~s eeis~~in~~,~ ita ac~joi~~ing suh~litiis~iojzs." Allowing the developer to proceed «~ith the subdivision as proposed will be in violation of this code as tivell as Code Sections 16.16.110 and 16.16.120, which do not allow for dead end streets greater than 600 feet, or e~-tend 66U feet without includin~T a provision for at feast one intersection. The Citv's Comprehensive Plan also demands that 10~`}' remain open at both ends and that 3r`~ Street be developed for two-1~-av traffic as provided in Section I3 of the Transportation Element, as foflows: Mitigation Measures 1. The developer shall mitigate transportation impacts based on the new residential P.M. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building permit. Credit should be given for the existing single-family dwelling. 2. Prior to final subdivision approval, the developer shall complete the following transportation improvements: a. The north half of 105th Avenue shall be improved to City Standards for a Neighborhood Collector from Clark Road, to the western most property line of the proposed subdivision. b. The right-of-use portion of 105th Avenue shall be blocked by a barricade meeting Yelm Development Guidelines and Manual of Uniform Trafffic Control Devices (MUTCD) standards at Mill Road and signed pursuant to MUTCD as a private. road with no though access. c. The developer shall ensure sight distance at the intersection of Clark Road and 105th Avenue meets Yelm Development Guidelines and ASHTO specifications. d. 3`d Street, between the proposed subdivision and Mosman Street, shall be improved to a 24 foot asphalt driving surface with vertical concrete curb on both sides, and signage for no parking. e. 3`d Street, from Mosman to Yelm Avenue East (507) and Mosman from 3`d Street to First Street (507) shall be improved to a 24 feet driving surface with 2-foot shoulders. f. Sidewalks from the proposed development must connect to the sidewalks in the Parkview development, pursuant to the TIA. 3. Prior to any land clearing, a site plan including the location of all trees to be retained and removed (exceeding 8 inches in diameter) must be reviewed and approved by the Community Development Department. Tree losses shall be mitigated by planting at least a 2 to 1 mix of evergreen (70%) and deciduous trees {30%), with a minimum of a 2-inch caliper measured at 4 feet from the ground, around the perimeter of the storm pond areas, and in the qualified open space areas. Trees to remain must be protected during construction pursuant to Chapter 14.16 YMC. 4. Pay open space "Fee in Lieu of" for the difference between the qualified (usable) open space, and the required open space. 5. The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. Chapter14.12 YMC requires the dedication of open space for all residential development. Section 14.12.050 YMC lists four (4) attributes for qualification of open space. Section 14.12.060 allows for a fee in lieu of open space under certain conditions. The Yelm School District has adopted a school mitigation requirement based on the demand that new residential units create for additional school services and facilities. Additional demands on the school system will be mitigated. through the requirement that the developer enter into a mitigation agreement with the District. ATTACHY~l1ENT SEPA Case Number 8353 Findings of Fact 1. This Mitigated Determination of Non Significance is based on the project as proposed and the impacts and potential mitigation measures reflected in the following environmental documents: • Environmental Checklist (dated October, 2003, prepared by SCA Consulting Group) • Traffic Impact Analysis (dated September 2003, and updated November 2003, prepared by Transportation Engineering Northwest) • Preliminary Storm Drainage and Erosion Control Report (dated October 2003, prepared by SCA Consulting Group) 2. The traffic impact analysis (TIA) submitted as part of the subdivision application indicates that the project will generate 928 vehicle trips per day, with a PM peak of 98 vehicles per hour. The TIA, assuming a baseline annual growth rate of 4%, indicated that: The intersection of 105th Ave, and Clark Road will be at a. Level of Service (LOS) A, with an average delay of 9 seconds. The signalized intersection of Clark Road and Yelm Avenue will be at a LOS A, with an average delay of 9 seconds. The intersection of 3~d Street and Yelm Avenue will be at LOS C, with an average delay of 22 seconds. The intersection of Mosman and 1St Street (507) will be at LOS D, with an average delay of 33 seconds. The signalized intersection of Yelm Avenue and First Street will be at LOS D, with an average delay of 48 seconds. The intersection of Yelm Avenue West (510) and SW Longmire Street will be at LOS F, with an average delay of 56 seconds. The intersection of Yelm Avenue (507) and NE 103~d Street will be at LOS D, with an average delay of 34 seconds. The intersection of Yelm Avenue East (507) and Bald Hills Road will be at LOS C, with an average delay of 30 seconds. Frontage improvements will be constructed along 105th Avenue SE. The subdivision will provide for a road connection to the existing neighborhood to the north, with a narrowed street, traffic signs, no parking and a raised pedestrian crossing. The subdivision will provide connecting sidewalks from Yelm Terra to the sidewalks in the Prairie View subdivision. 3. The City of Yetm has adopted a concurrency management system as required by the Growth Management Act. Chapter 15.40 YMC (concurrency Management) is designed to ensure that the improvements required to support development are available at the time of development. A concurrency determination may be issued for a proposal as it relates to transportation issues when: the development provides on-site frontage improvements; the project makes off-site improvements as necessary to provide for the safe movement of traffic; and the project makes a contribution to projects identified the six year transportation improvement program in the form of a Transportation Facilities Charge. The Growth Management Act at Section 36.70.070 (6) (b) RCW states that a finding of concurrency can be issued when required improvements are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years. 4. Improvements to W est Yelm Avenue, including atwo-way center turn lane, is listed as a project on the 2003 - 2008 Transportation Improvement Program. West Yelm Avenue is a State Highway (SR 510). There is no financial commitment currently in place to complete the improvement. Improvements to the Mosman Street/SR 507 intersection including intersection realignment, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Improvements to Mosman Street to 2"d Street including widening the roadway, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Improvements to Mill Road including road realignment, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Private streets within the City limits shall not be allowed except when approved by the City and when all conditions of Section 48.070, Development Guidelines are met. Section 4B.070(B) states that private streets are not allowed when the street is connected to two public streets. Section 4B.150 Yelm Development guidelines states that sight distance at intersections shall be in conformance with the WSDOT Design Manual and the AASHTO Green Book. The City's Comprehensive Transportation Plans connectivity policy recognizes that increasing connections throughout the City not only reduces traffic congestion, but also increases the sense of unity of the community. Section16.16.090 Yelm Municipal Code (YMC) states that the layout of streets shall provide for continuation of streets existing in adjoining subdivisions. 5. Mosman Street from 3`d to SR 507, and 3`d Street from the Praire View subdivision to SR 507 are currently substandard in that they have travel lanes less than 12 feet in width in areas. 3`d Street in the Prarie View subdivsion does not meet current standards for a neighborhood collector street. There is a berm at the intersection of Clark Road and 105th Avenue which may limit sight distance below acceptable standards with the addition of traffic to 105th Avenue. The public right-of-way at 105th Avenue ends at the western property line of the development and 105th continues as a one lane, curved, right-of-use road to Mill Road and SR 507. This right-of- use road does not meet any public street standards, is a one-way street used for two way traffic, and contains no pull-outs. The development will provide alternate connectivity in the form of a public street from 105th, through Yelm Terra and Prairie View, along Mosman to SR 507. 7. Section 14.16.110 YMC provides for the preservation of trees on private property with new development and requires that existing trees not be removed until a final decision is made regarding the feasibility of preserving existing trees. The existing trees on this property are a group of large Douglas Fir. The trees located in the area of proposed stormwater treatment areas are in danger of future tree failure with grading near the base of the trees. Existing trees that are located in areas of qualified open space should be protected during development with protective fencing at the drip line. All machinery shall be kept out of the drip line. The objective of tl~e Tra;~sportaiiofa Plan is to provide amost-effective ~~2twork to accvrnrnodate travel ifz and aro2~rad the core area. To crcco,taplish t,'~is objective, Ye_1=~z ~~ilt acti~el~~ p?~rsue: 1. ~ connected-streets polici~ to pror~~zote tr'ae eff cie.~t flo•~v of trc~~c tiifithi3z the co;n~nu,zih~. 2. <=~ series of cor~.~2cted arterials 3-:~l~icla mill' per•t~zit trc~f iC to btpass tlz2 ?~rbata core ~lt Is t~2~'2ly paSS'Ing tiZi'oZd~l~, t0 r ed2lC2 COi2.~2stioi2 IiZ 1122 ce3ir`?"al Core. The City of Yelm must take into consideration the fact that the large-acreage properties to the south of the proposed subdivision are in Yelrrl's Urban Growth Boundary and ~~°ill be annexed it=to tho City in a fe~v years. Land costs «-ill increase tremendously and many of these property owners urill be forced to, or desire to subdivide their osvn properties. If the Yelm Terra's prelimirary plat is not conditioned to mitigate the traffic impacts it will have on Clark Road and 105`1 Way, it ~~~ill ur~fairiy require a later developer or the taxpayers to mitigate the problems created by the developer of Yelm Terra. The City would be very short sighted if it allowed the developer to minimize his expenses by closing the Mill Read end of 105` Way. This avenue of travel will be increasingly needed by the public as more housing developments are built. It will also help to relieve the traffic backups through downtown Yelm until a new bypass road is constructed, which maybe nearly years from now. As this subdivision will be adding a large number of vehicles to 105th Way, the developer should be required to fix the dangerous condition that exists at the intersection of 105ch Way and Clark Road. A high embankment on the north~~•est corner of the intersection blocks drivers' views of southbound traffic on Clark Road. Ve'nicles entering onto Clare Road from 105th ~rVay must drive their vehicle almost to the center line of Claris Road before they can see approaching southbound traff c. Vehicles regularly travel. at high rates of speed on Clark Rd and with the extra traffic resulting from the ne~ty subdivision, a fatality accident is imminent. . The traffic study provided by Transportation Engineering Northwest, was tatally inadequate in showing the significant, negative impacts that will be imposed on the community if they are allotived to develop without improving both ends of l OSth Way and 3r`t Street. In addition to staying silent about the impacts closing 105th Way will have to the public and residents who use l OSch Way, the transportation engineering firm collected data for the traffic study during the summer «-hen school was not in session. Summer traffic in Yehn flows far smoother than tivhen school is in session. Much of that is because the high school anal middle school are on Yelm HighwayiA_venue. During the school year, school buses and parents driving their kids to and from school sloti~~ traffic. When buses stop to pick up or drop off children, they holdup traffic in both directions for several minutes each time. I-Iii=h school kids drivin~~ to schvol significantly increase thv delay time For traffic on Yelm Avenue. Currently, driving from the Clark Rd;'Yehn Ave intersection to the hi~7h schvol at 7:00 a.m. durin~_= a school day takes 10 minutes due to the stop and crawl traffic. During the off-peak time, it takes 3 three minutes to travel this same distance. You do not have tv be traffic en~~ineer to knv~v that that delay time is far higher than 37.6 seconds as indicated in Tablc ? of the transportation report. "1'o mane of~ us who travel this route each work day, Yelm Avenue is already considered to be at a level of ser-~7ice "F". Adding such a large number of homes to this area and taking a~rvay access to Mill Road from 105`1 will result in a very signif cant negative impact to Yelm Avenue 'oet~veen Clark and 151 Street. If 105tH Way is open to t~vo lanes tivhere it meets i`,~Iill Road, there will be far less impact to Yelm Avenue. Another impact the proposal w-tll have that vas not addressed by the traffic st~adv is the additional tine it ~~~11 take the fre depart3nent located on Mill Road, to get to emergencies on 105'`' Way. I would think the City- ~~~ould 'ae doing all they could to reduce the tLrle it takes to reach an emergency rather than increase that time Accuracy of other areas of the traffic study is also questionable. The traffic report indicated the speed limit on 151 Street is ~5 mph within the city limits. That is incorrect. The correct speed limit is 25 mph on this section of road. The traffic engineer also reports the posted speed limits on Clark Rd and 1051' Wa_y are 25 mph. This is also incorrect. The posted limits are 35 mph. I do not know if these errors contribute to distorting the analysis of the study but if they do, the study should be thrown out and completed by an impartial transportation engineering firm. One is led to believe that if they aren't willing to take the time to find out the speed lit~nits posted for the roads ors which they are reporting, they are also not taking the time to provide a sound analyysis of existing conditions and protected impacts to the traffic levels. I hope City staff and the hearing examiner will see that a new traffic study is required by an impartial transportation engineering firm. The ne~v traffic shady should take into consideration how to mitigate the negative impacts to existing residents on 105` Way, and how to 3~itigate the delay time created by emergency service vehicles who must travel further distances to residences on 105``' Way when it is closed. The only feasible solutions to mitigate the negative impaot to the neighboring property ovmers and the public ivho use 105th Warr as a t;~i-ough road is for the City to condemn property near Nlill Road on 105' Way and widen the road to City of Yelm standards. The developer should be required to compensate the ourners of the condemned property. Additionally, the road to the north proposed to be open only for ingress to the subdivision but closed to egress traffic should be widened to allow both ingress and egress traffic. If that is not feasible, another road from the north side of the subdivision should be opened for egress only. One possibility is an extension of 104i1' Ave from Mill Road to the subdivision. Sufficient access from. the subdivision on roads ot'ner than 105`h Wav would provide some relief from traffic impacts to l0~`h Way and Clark. Road. There are three other issues that the SEPA Threshold Determination should mitigate. The first is construction noise. The developer should be limited to workin~7 no earlier than 7 a.m. and no later than ~ p.m, on weekdays. No work should tape place on weekends to maintain the peace of residents near the site. ~ second issue that should be addressed is the impact to privacy that is currentl} enjoyed by the subdivision's neighbors. A sia- foot-hi`h f;:nce should be constructed around the development to provide some privac~~ and hopefi~llti~ dim some of~the noise ~aencrated by 97 families. I I , ~ ~ I ~ • ~n w ~ ° a ~ - ! w ~ --_ -~f-_~ _- -_~ ---_ _-~-` Y. j ~~ _ ~ ~~ I -- --- - - i { ~ m ~ i I j 'r ~ l m . ~f ii j i i .. ° ~ ° j + ~ ° i ~ ~ IT 4 J 1 __- 3rd Street SE ! ~---- i ==N==; ~ ~ ss ~,~ u ---- ,'f - ---- a ;,~ ---- it I ~~ u ~ o _ ~i N tl N ~ N o ;i a i' I 1; i ` = t ° j i i ~ ;i ] o ~ i ° j ° i ;j ii f ~ ~ e ° ., ° i ¢ ~l ° ~ I I ~ ° i ~ t ~ S ~ J t ~~ i ° ~ ~ I `-y i Iij ~ ~l ~ ~" ii l r i .a ~ j - 1~' ~ an l ~t ~ ~ . r ~ '' it o ~ S I j;t It ~1 rn ~t~ ,; i i ~ _ ---._-_ ~ _ ----------------------------- -----~ Not to Scale ~ ~ I Clark Road SE Note: Preliminary site plan provided by SCA Consulting G ro up November 25, 2003. Yelm Terra Plat Transportation Figure 2 Engineering Northwest Proposed Site Plan Ye(m, Washington November 25, 2003 Yelm Terra Plat Updated Yelm, Washington Traffic lmpad Study EX(STtNG CONDIT[ONS Study Area A traffic scoping letter was submitted in July of 2003 to establish the study area of the traffic study and determine the intersections to be evaluated. A scoping meeting on August 13, 2003 established eight (8) study intersections to be evaluated. The eight study intersections are: 1. Yelm Avenue / SW Longmire Street 2. Yelm Avenue / 1st Street SE 3. Yelm Avenue / 3`d Street SE 4. Yelm Avenue /Clark Road SE 5. Yelm Avenue / NE 103`d Street 6. Yelm Avenue /Bald Hill Road SE / NE Creek Street 7. 105th Way SE /Clark Road SE 8. Mosman Avenue SE / 1st Street SE The following paragraphs describe existing roadways that would be used as major routes to/from the site. Roadway characteristics are described in terms of facility type, number of lanes, and posted speed limits. Yelm Avenue is an urban arterial with a posted speed limit of 25 mph to 35 mph within the city limits. The roadway has one travel lanes in each direction. A center turn lane exists on Yelm Avenue east of Clark Road. 1st Street is a major arterial with a posted speed limit of 35 mph within the city limits. The roadway has one travel lane in each direction. Clark Road SE is a neighborhood collector. The posted speed limit is 25 mph. The roadway has one travel lane in each direction. 105"' Way SE is a neighborhood collector. The posted speed limit is 25 mph. The roadway has one travel lane in each direction. Figure 3 is provided to illustrate the existing channelization at the eight study intersections. Traffic VoCumes Weekday PM peak hour traffic volume data was collected in 2003. at the eight study intersections. Appendiz A provides the detailed traff c volume sheets for each of the study intersections. Figure 4 illustrates the 2003 PM peak hour traffic volumes at the study intersections. Transportation Engineering Northwest 6 November 25, 2003 a 1 ,` ~ '` p~ b ` ~ ~ ~ ?' ' j ~ ~ • 1~1. - ~ _ .,~ ~ ~ a '~. .a Ali ~" ~ .' ~ ,"#~ ~ ~ -w ti :, , ~.,_ ~ ~° ,. ~m is ~ 9 2 7 2G~~ February 20, 2004 ~ ~`- Grant Beck Community Development Director City of Yelm PO Box 479 Yelm, Washington Dear Mr. Beck, I am writing this letter in reference to the purposed development referred to as Yelm Terra on a 24.25 acre tract of land located on 105th Avenue SE in the Town of Yelm. As an adjacent land owner I wish to go on record as having no objection to the development of this property. I feel it is the right of the land owner to develop their land in accordance with city ordinances. I do also wish to inform the Town of Yelm of an ongoing property line dispute with the owners of this parcel. The disputed line is in the Northwest corner of the Yelm Terra Property and involves approximately 2500 sq. ft. of land. We have come to an agreement with Mr. Steve Chamberlain of SMC Development for resolution of this dispute. We plan to file a Boundary Line Adjustment application with the City of Yelm and Thurston County to quiet title. We plan as part of this boundary line adjustment to grant SCM Development the density capacity calculation for this approximate 2500 sq. ft. of land so as to allow it stay with the Yelm Terra Plat. It is our intent to file for the BLA within the next week. Sincerely y rs, ., ~' ,,, Thomas T. Longmire I-t1~-~'U-~bU4 14~~4 IF1UK51UN C.U. lltV. 5VL.5. ,j6VJ '/54 ~'~.5`~ F'.Idl/l~~ Post-it" r3x IVOfe co.r~eat. Tk~URSTON COUNTY strvc:~ usss 7671 oato 2 ~?l,l~y,Da9es~ .. COUNTY COMMISSIONERS ~a. e Pno~c +~ 35 ^2 K9'Z- Cathy Woife District One Fax u - Diane Oberquell Y ~ ~ District Two ~~ ~ - ~-.. . Robert N. Macleod District Three ROADS & TRAN'SPOItTATION SERVICES Lester Olson Director TO: Tami Merriman, Associate Planner City of Yelm 1^'ROM: Scott D evelopment Review Manager DATE: Febru , 2004 S~CJBJECT: Yelm Terra, SLTB-03-8353-YL Thank you for providing the staff reports and traffic study for the above project. I apologize for the providing comments so late in the process. i understand the public hearing is this coming Monday, i will be unable to attend, but I would appreciate if you could place this memo and my recommendation in the record for consideration by your hearing examiner. Findings: 1. The traffic volume on Clark Road, which is maintained by the county, appears to almost double (i.e., increase of 87°Io during the pm peak or ,54 vehicles per hour). This could also be approximated to an increase of 540 new daily trips per day. 2. The I45~' approach to the Clark Road intersection does not appear to provide for. atwo-lane approach. 3. CIark Road SE is a two-lane roadway with .1.0- l 1 foot travel lanes and 2-4' graveUgrass shoulders along the segment from IOSt~' to the city limits. It appears the Yelm standard drawing no. 4-5 (ne.ighborhood collector) calls for two 10' travel lanes (not including parking} for. new construction. This roadway section per City Standard is intended to accommodate traffic volumes .ranging from 500 to 6000 vehicles per day. It appears Clark Road meets the city standards for new construction in regards to travel lane width. 4. The Yelm Transportation Plan appears to describes Clark Road SE as a e.lass IV bike path. This means bicyclists and motorist share the travel lanes and additional widening in not planned or necessary to accommodate bicycle traffic. Therefore it does not appear Clark Road shoulders need to be widened and/or paved to accommodate bicyclists. 2000 Lakeridge urive SW. Bldg 1, l~lympia, Washington 98502 (3~Q) 357-2443lf'AX (3hn} 754-343 TDD (36U) 754-2933 1%Vebsit~: www.eo.thurston.wa.uslroads FEB-z8-2~IJ4 1424 1HUKStUN CU. DEV. SVGS. S6U /54 ~y~y F-'.UU/b~ Fe~iruary 28, 2l}U4 ~ Page 2 of 2 5. The transportation level of service for Clark Road/105`~' intersections is reported to be at "A" with the project and therefore satisfies the County concurrency standards. 5. The transportation level of service for Clark Road based upon county analysis appears to be at "A" under existing conditions and will remain so after including the project traffic. Therefore County concurrency standards are satisfied. Recommendations: 1. The 105`'' Avenue Approach to Clark Road should be widened to fully accommodate two travel lanes meeting city standards, 3' shoulders and recoverable slopes leading into the roadside ditches. 2. The intersection of Clark and 105' should be illuminated meeting the city standards. If you have any questions you can reach me at 360-357-2492 or by email at davissaC~co.thurston.wa.us. cc. Cindy Bricker, Commissioners Office K kScv~c •1SHAREDK:~ry of YcIm15UII~03.8353• Y[A01 dno 2000 Lakeridge Drive SW, Bldg I, Olympia, Washington 98502 (36U) 357-24931FAX (3GU) 754-2939 TT9ll (360) 754-2933 Websitc: www,co.thurston.wa.us/roads TOTAL P. 82 ~+~~ Tip 4tifO 4 e++ LM WABNINCTON Staff Report City of Yelm Community Development Department ,~ 14~ .~ 4(( J i/. ~ ,, To: Stephen K. Causseaux, Jr., Hearing Examiner From: Grant Beck, Director of Community Developmen Date: February 6, 2004 Subject: Appeal of Mitigated Determination of Non-Significance SUB-03-8353-YL APL-04-0005-YL Appellant: Dr. Lee Anne Campbell 15715 105th Avenue Yelm, WA 98597 Applicant: Yelm Terra, LLC Location: 105th Avenue between Clark Road and Mill Road. Proposal: Appeal Findings of Fact 2 and 6 of the MDNS issued for the proposed Yelm Terra subdivision. I. INTRODUCTION Dr. Lee Anne Campbell appeals the issuance of a Mitigated Determination of Non- significance for a proposed 97 lot subdivision. SpecificallX, Dr. Campbell take issue with the mitigation measure which requires the closure of 1051 Avenue at Mill Road. 11. BACKGROUND Yelm Terra, LLC applied for a subdivision of approximately 25 acres into 97 residential lots. A traffic impact analysis (TIA) was submitted with the application as part of an expanded environmental checklist. The Community Development Department reviewed the TIA and requested additional information and clarification, which resulted in an updated TIA. Based on the environmental checklist and TIA, the Community Development Department on December 26, 2003, issued a Mitigated Determination of Non- significance pursuant to the State Environmental Policy Act, it's rules, and Chapter 14.04 YMC. The determination contained the following findings of fact subject to Dr. Campbell's appeal: 2. The traffic impact analysis (TIA) submitted as part of the subdivision application indicates that the project will generate 928 vehicle trips per day, with a PM peak of 98 vehicles per hour. The TIA, assuming a baseline annual growth rate of 4%, indicated that: The intersection of 105tH Ave, and Clark Road will be at a Level of Service (LOS) A, with an average delay of 9 seconds. The signalized intersection of Clark Road and Yelm Avenue will be at a LOS A, with an average delay of 9 seconds. The intersection of 3`d Street and Yelm Avenue will be at LOS C, with an average delay of 22 seconds. The intersection of Mosman and 1~t Street (507) will be at LOS D, with an average delay of 33 seconds. The signalized intersection of Yelm Avenue and First Street will be at LOS D, with an average delay of 48 seconds. The intersection of Yelm Avenue West (510) and SW Longmire Street will be at LOS F, with an average delay of 56 seconds. The intersection of Yelm Avenue (507) and NE 103`d Street will be at LOS D, with an average delay of 34 seconds. The intersection of Yelm Avenue East (507) and Baid Hills Road will be at LOS C, with an average delay of 30 seconds. Frontage improvements will be constructed along 105tH Avenue SE. The subdivision will provide for a road connection to the existing neighborhood to the north, with a narrowed street, traffic signs, no parking and a raised pedestrian crossing. The subdivision will provide connecting sidewalks from Yelm Terra to the sidewalks in the Prairie View subdivision. 6. The public right-of-wa~ at 105tH Avenue ends at the western property line of the development and 105 n continues as a one lane, curved, right-of-use road to Mill Road and SR 507. This right-of-use road does not meet any public street standards, is a one-way street used for two way traffic, and contains no pull-outs. The development will provide alternate connectivity in the form of a public street from 105tH, through Yelm Terra and Prairie View, along Mosman to SR 507. Although not included in the appeal, findings 2 and 6 are the facts which support the proposed mitigating condition which requires the closure of 105tH Avenue SE at Mill Road. Specifically, mitigating condition 2.b. states that "the right-of-use portion of 105tH Avenue shall be blocked by a barricade meeting Yelm Development Guidelines and Manual of Uniform Traffic Control Devices (MUTCD) standards at Mill Road and signed pursuant to MUTCD as a private road with no though access". February 6, 2004 Page 2 of 4 III. ISSUES Dr. Campbell is concerned that the closure of 105th Street at Mill Road will be a adverse impact to herself and the neighborhood by impacting privacy by creating an area for public use at the end of the closed road, delaying fire and police protection services for the area. The appeal indicates that the proposed project will create more traffic than stated in the TIA which will impact the use of 105th as a short cut to avoid traffic on Yelm Avenue. It is also noted that the neighborhood is currently impacted by `by-pass' traffic through speeding and congestion. IV. ANALYSIS Trip Generation The trip generation figures used by the developer in the Traffic Impact Analysis are those from the Trip Generation Manual prepared by the Institute of Traffic Engineers. This document is the standard for evaluating traffic generation by most jurisdictions in the State of Washington and is the standard in Yelm for calculating Traffic Facilities Charges and for the preparation and review of TIA's. The traffic distribution from the proposed development was prepared by the City based on a focal traffic model. The distribution pattern was developed in two ways -assuming 105th Avenue SE remained connected to Mill Road and assuming it was a dead end road in order to fairly evaluate potential impacts of both scenarios. The appeal did not contain any evidence that the project would generate more traffic than the ITE manual would predict, although it did note that additional evidence would be presented at the hearing. Emergency Services Access/Connected Streets As noted in finding of fact 6, the development will be creating a new connection between 105th Avenue and downtown Yelm, Yelm Avenue, and State Route 507. The creation of this new connection factored into the requirement that 105th Avenue SE, which is a substandard, one-way street west of the pro~osed development, be closed for safety reasons. The new connection runs from 105 h Avenue SE, through Yelm Terra to 3rd Street from which point access to Yelm Avenue via 3rd or State Route 507 via Mosman is possible. These roads are all two lane City Streets which will be improved further as part of the proposed development. Although Fire Station 21 is located on Mill Road emergency access to the homes on 105 should not be impacted by increased service times as fire apparatus will not February 6, 2004 Page 3 of 4 negotiate the winding, one lane section of 105th Avenue SE, according to Chief Mark King. Access to emergency response from the police will mostly likely be improved after development of Yelm Terra as the police station is located on Mosman Street and the new connection through 3rd Street provides direct access to 105th Avenue. I. CONCLUSION The mitigating conditions of the Mitigated Determination of Non-significance are appropriate and are based on identified potential significant adverse impacts attributable to the development. LIST OF EXHIBITS Appeal Notice and Letter Traffic Impact Analysis MDNS Letters regarding MDNS Map February 6, 2004 Page 4 of 4 City of Yelm 105 Yelm Avenue West P.O. Box 947 Yelm, W_~1 98597 (360) 458-3244 To: Stephen Causseaux, Jr., Hearing Examiner From: Tami Merriman, Assistant Planner Date: February 17, 2004 Subject: Yelm Terra Subdivision, SUB-03-8353-YL List of Exhibits: Exhibit I Site Plan Exhibit 11 Notice of Application Exhibit III Mitigated Determination of Non-Significance and Comments Exhibit IV Public Hearing Notice Applicant: Yelm Terra LLC 4200 6t" Ave. SE Suite 301 Lacey, WA 98503 Agent: SCA Consulting Group P.O. Box 3485 Lacey, WA 98509 Proposal: The applicant is proposing to subdivide approximately 24.25 acres into 97 single-family residential lots. The property is zoned R-4 Low Density Residential, which allows up to 4 dwelling units per acre. The site currently has an existing residence that will be demolished. Location: The property is located on the north side of 105t" Ave., SE, between Clark Road and Mill Road. The property is identified by Assessor's Tax Parcel Numbers 22730210500, 22730210600, 22730210700, and 22730210800. Description of Property: The subject property is a rectangular parcel of land approximately 24.25 acres in area. The land has a grove of old fir trees located near the center, and the parcel was mainly pastureland. ~v~ The City of Yelm has a waterline easement that runs northerly through the center of the property. The applicant is proposing pedestrian pathways along this easement, which protects the waterlines and qualifies as a portion of open space requirements. Notice of Application, SEPA, 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 October 22, 2003. Public Notice of the date and time of the Public Hearing was posted on the project site, mailed to property owners within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on February 13, 2004 and advertised in the local newspaper on February 20, 2004. The City has performed an environmental review, including review of a transportation analysis, and issued a Mitigated Determination of Nonsignificance on December 26, 2003, with a comment deadline of January 9, 2004, and an appeal deadline of January 16, 2004. SEPA Appeal: An Appeal of the SEPA .Determination was filed with the City on January 14, 2004. The appeal hearing is scheduled for March 1, 2004. The City of Yelm Staff Report for the appeal is a separate document. Staff Analysis and Recommended Conditions of Approval 1. Lots Size and Setbacks: Finding -The R-4 zoning district does not have a minimum or maximum lot size, although it does require standard yard setbacks of 15 feet from the front property line adjacent to local access road (with a minimum 20 foot driveway approach), 5 feet from side property lines (with a minimum:of 12 feet between the two side yards), and 25 feet from the rear property line. The setback on a flanking yard is 15 feet from the property line. The maximum building coverage allowed is 50% and the maximum development coverage is 75% of the lot. Lot numbers 31 and 32 do not appear to have sufficient room for building setbacks. The applicant should either combine the lots to provide adequate building footprint, or show construction plans for a residence that can meet the setback requirements. For traffic safety, and sight distance, driveway locations on corner lots should have specific locations. Conclusion -The lots within the proposed preliminary subdivision appear to contain sufficient area for subsequent development to meet setback and lot coverage requirements, with the exception of lots 31 and 32. Page 2 of 12 2. Adjacent Land Uses and Zoning: Finding -The properties directly to the north are residential. The northwest side is developed as a residential subdivision, and the northeast side is in Thurston County, with a Rural Residential 1/5 zoning. The property directly to the west is zoned R-4 Residential, and is developed with a duplex and shop. The property to the east is Thurston County Rural Residential 1/5. The properties to the south are residential, with the southwestern portion zoned City of Yelm R-4, and the southeastern portion Thurston County Rural Residential 1/5. Conclusion: -The plat as conditioned meets City of Yelm development requirements, and is a compatible use with surrounding properties. 3. Open Space: Finding -The Growth Management Act establishes a goal for open space and recreation that states "encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks" [RCW 36.70A.020(9)]. Finding -The Yelm Comprehensive Plan states that adequate recreation and park facilities should be developed and improved to provide a broad range of recreational facilities which meet the needs of the Yelm community [Section VII.C.3.a.ii Yelm Comprehensive Plan]. The plan further establishes a level of service for neighborhood and community park and recreation facilities of five acres of land per 1,000 population. Finding -Chapter 14.12 YMC provides guidelines for the retention and creation of open space within the City. This chapter requires a minimum of five percent of the gross area be dedicated as open space or pay a fee in-lieu-of providing the open space on site. The fee in-lieu-of may be applied when there are park facilities near the development. Chapter 14 YMC also lists attributes for qualification of open space. Stormwater retention and detention areas do not qualify as open space. The signage areas proposed at the entrances of this plat also does not meet open space qualifications. The applicant states that 2.6 acres of open space is being provided, however it appears that the areas that qualify as open is significantly less. The required amount of open space for this development is 52,817 square feet, or 1.21 acres. Finding -Cochrane Park, a City owned park is located near the northwest of this site on Mill Road, with pedestrian access located on Parkview Loop, the development directly north of this site. Conclusion - It appears that the applicant has proposed less than the required 5% of qualified open space. With the City of Yelm Cochrane Park located near Page 3 of 12 this proposal, the amount of open space requirement not met with this proposal shall be met with the fee in-lieu-of. 4. Schools: Finding -New residential units create a demand for additional school services and facilities. The Yelm School District requests that the developer enter into an agreement with the school district for the payment of mitigation fees based on the project's impact. Conclusion -This request for a mitigation agreement between the developer and the school district became a mitigation measure of the Environmental Determination. 5. Transportation and Site Access: Finding -The property fronts on 105f" Ave. SE. The existing residence on the site has access from a private road leading from 3~d Street in the City limits through property located outside the City limits. The residence is proposed to be demolished, and the private access closed. The subdivision proposes two access points on 105t" Ave. SE, with a street connection to 3~d Street. Finding - Yelm Municipal Code, Chapter 16.16.090 states; "The layout of streets shall provide for continuation of streets existing in adjoining subdivisions. When adjoining property is not subdivided, streets in the proposed plat shall provide access to such unplatted property in accordance with the Yelm Transportation Plan." The plat, as proposed, meets this standard by a road connecting to 3`d Street, through the subdivision to the North. Finding -The Yelm Transportation Plan states; "The City of Yelm recognizes that increasing connections throughout the City not only reduces traffic congestion, but also increases the sense of unity of the community. Therefore, the City will limit the use of cul-de-sacs, dead-end streets, loops, and other designs that form barriers. The City will seek to minimize impacts of through traffic upon residential neighborhoods by employing narrow streets, curves, indirect access routes, and other features." Finding: -Section 16.16.120 YMC states that no street shall extend for a ~ distance greater than 660-feet without including a provision for at least one intersection. Road B on the proposal is slightly longer than 660-feet. To ~ minimize impact of traffic in the residential neighborhood, and to provide for pedestrian safety, "bulb-outs" in the internal streets, connecting the pedestrian pathways through`the d~eveTopment will be required. Finding -The completed project will increase traffic and impact the City's transportation system. Chapter 15.40, Concurrency Management, requires all Page 4 of 12 development to mitigate impacts to the City transportation system. A single family home generates 1.01 p.m. peak hour trips per unit. The Transportation Facility Charge per unit is $757.50 and payable at time of building permit issuance. Finding -Transportation Engineering Northwest, LLC prepared a traffic impact analysis, which analyzed the traffic impacts of the proposed development. The analysis found that the project would generate 928 vehicles per day of average weekday traffic, with a PM peak of 98 vehicles per hour. Finding -The City of Yelm Development Guidelines require all new developments, including subdivisions, improve street frontages to current standards. 105th Ave. SE is a neighborhood collector, which requires a 16-foot drive lane, vertical curb, a 7-foot planter strip with street trees 35 feet on center, and a 5-foot sidewalk. Street lighting shall be as required by the City Engineer. Finding -105th Ave. SE, as it heads west tapers to a one-lane paved private access road, which over time has been used by local residents to access Mill Road. Yelm Development Guidelines Section 4B.070(B) states that private streets are not allowed when the street is connected to two public streets. Conclusion -The conditions of the Mitigated Determination of Nonsignificance mitigates the impacts to traffic safety attributable to the addition of the projects traffic into the City transportation system. 6. Parking: Finding -Chapter 17.72, Off-Street Parking and Loading, requires minimum parking ratio of two spaces per dwelling unit. Conclusion -The lots within the proposed subdivision allows sufficient area for 2 parking spaces while meeting the maximum lot coverage of 75%. 7. Water: Finding -The City's Water Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas for approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as we11 as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in pace - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Any necessary water rights are considered, only after Page 5 of 12 approved for municipal use by the Washington State Department of Ecology, or appropriate appeals board, and the time for appeal or challenge has expired. Finding -There is an existing watermain on 105th Ave. SE. The watermain extends along a portion of the frontage of this property. Finding -There are two existing waterlines that bisect this property within an existing easement. The applicant has proposed walking paths in the area of this easement, which provides protection of the waterline, as well as meets a portion of the open space requirements. One of the lines, at the northern edge of the site, makes a "jog" to 3~d Street. This line, where it meets with the new internal road to the north shall be relocated in the right-of-wa~ area within the new internal road, with a new connection to the line on 3~ Street. 8. Wastewater: Finding -The city's Sewer Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas or approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in pace - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Finding -The City's wastewater treatment facility has capacity for this proposal. The compressive sewer plan has established individual sewer basins within the service area. This project is located within 3 different sewer basins. The applicant is required to show the distribution of sewer into the sewer basins, to provide a result acceptable to the City. Conclusion -City sewer service is available to the site. Sewer basin distribution shall be determined during civil plan review. 9. Drainage/Stormwater: Finding -The completed project will increase impervious surfaces on the site and adjacent streets. Impervious surfaces create storm water runoff. Uncontrolled and untreated storm water runoff can create health and safety hazards. The City of Yelm requires all development to comply with the Stormwater Manual for the control and treatment of stormwater runoff. Page 6 of 12 Finding -The applicant has submitted a Preliminary Stormwater Report that estimates the impervious surface, infiltration rates of the runoff, and a conceptual design for treatment and storage of the stormwater. Following preliminary plat approval the City Stormwater Manual requires the developer to submit a final plan consistent with the final impervious calculations for the site. Finding -Stormwater facilities require continued maintenance to ensure they remain in proper working condition. 10. Fire Protection: Finding -Fire protection is provided by the Thurston County Fire District #2. As development occurs there will be additional demands for fire service. 11. Street Lighting: Finding -Adequate street lighting is necessary to provide safety to pedestrians, vehicles, and homeowners. Street lighting is reviewed to assure adequate lighting. 12. Subdivision Name and Addressing: Finding -The proposed plat name of Yelm Terra has been reserved with Thurston County. Addressing is approved by the Community Development Department. 13. State Environmental Policy Act: Finding -The applicant submitted a completed environmental checklist, including a traffic analysis with preliminary subdivision application. Conclusion -The City performed an environmental review and issued a Mitigated Determination of Nonsignificance on December 26, 2003. 14. Landscaping: Finding -Landscaping and screening are necessary to promote safety, to provide screening between compatible land uses, to safeguard privacy and to protect the aesthetic assets of the City. Chapter 17.80, Landscaping, requires the applicant to provide on-site landscaping for all development proposals. Finding -The site is adjacent to properties that are compatibly zoned. Chapter 17.80 requires that the perimeter of the site be landscaped with a Type II landscaping. In residential subdivisions the city allows fencing to meet the landscaping requirement for the perimeter of the site. Landscape requirements shall be installed and approved prior to application for final plat. Page 7 of 12 Finding -Landscaping is required in open space and above ground stormwater facilities. All landscape requirements for right of way areas along collector streets and open space areas require irrigation. All areas of landscaping that are not within 75-feet of a hose bib require irrigation. Finding -Section 14.16.110 YMC provides for the preservation of trees on private property with new development and requires that existing trees not be removed until a final decision is made regarding the feasibility of preserving existing trees. The existing trees on this property are a group of large Douglas Fir. The trees located in the area of proposed stormwater treatment areas are in danger of future tree failure with grading near the base of the trees. Existing trees to remain, that are located in areas of qualified open space, shall be protected during development with protective fencing at the drip line. All machinery shall be kept out of the drip line. Finding -Chapter 17.80 requires that at time of civil plan review and approval the applicant provide the Community Development Department a final landscape and irrigation plan for approval. Conclusion and Staff Recommendation: Section 16.12.170 YMC requires written findings prior to a decision on a preliminary plat. Based on the project as proposed by the applicant, and the proposed conditions of approval as stated below, Community Development staff finds that the subdivision: Adequately provides for the public health, safety and general welfare and for such open spaces, drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation, schools, and sidewalks; That the public use and interest will be served by the subdivision of the property, if conditioned as proposed; The subdivision, if conditioned as proposed, is in conformance with the Yelm- Thurston County Joint Comprehensive Plan, the City of Yelm Zoning Code, the City of Yelm Subdivision Code, the Shoreline Management Act and the Thurston County Shoreline Master Program, and the City of Yelm Development Guidelines. Conditions of Approval: Lot Sizes and Setbacks: 1. Corner lots shall place driveways, and direct house fronts as follows: Lot # 1 -Driveway faces north, house fronts north Lot #23 -Driveway faces north, house fronts north Lot #39 -Driveway faces east, house fronts south Lot #40 -Driveway faces west, house fronts south Page 8 of 12 Lot #79 -Driveway faces north, house fronts west Lot #83 -Driveway faces south, house fronts west 2. Applicant shall either reconfigure Lot # 31, and #32, or show construction plans for a residence that can meet the setback requirements. Open Space 3. Applicant shall submit a final improvement plan for the open space. The open space improvements shall demonstrate compliance with Chapter 16.14.050. 4. Applicant shall pay a fee in-lieu-of for the difference between provided qualified open space, and the required open space amount. Transportation 5. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Improvements required shall include the frontage on 105th Ave. SE, 3`d Street SE, and Mosman Street as described in the MDNS. 6. Internal streets within the subdivision will be constructed per Yelm Development Guidelines for Local Access Residential. Provisions to this detail will be made for the creation of "bulb-outs" where the pedestrian accesses cross the internal streets. 7. The applicant shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. Credit for the existing dwelling shall be given. The applicant will be responsible for a TFC of $757.50 per unit which is payable at time of building permit issuance, unless previously credited towards traffic related improvements. Water 8. The applicant shall connect to the City's water system. There is an existing water main located on 105th Ave. SE, that is located along a portion of the frontage of this property. This main shall be extended to run the entire frontage of this site on 105th Ave. SE. 9. Water connection fees are charged at the current rate of $1,500 per connection, (fee subject to change) payable at building permit issuance. 10. All open space areas and planting strips not located with 75' of a hose spigot, shall have an irrigation system with a separate water meter(s). The applicant shall submit a final landscape and irrigation plan with civil plan submission. Page 9 of 12 11. The waterline easement that bisects the property shall be preserved by locating open space over the easement area and protected during construction operations. 12.The existing waterline connection to 3rd St. must be relocated to the proposed public roadway within the subdivision. This waterline is currently located within lot 40 and the adjacent open space. Wastewater 13. The applicant shall connect to the City's S.T.E.P. System. 14. Sewer connection fees are charged at the current rate of $5,269.00 per connection (fee subject to change) payable at building permit issuance. All connections require an inspection, with a fee of $145.00 per connection, also payable at building permit issuance. 15. The applicant shall provide proof of sewer basin distribution, to be approved by the City, during civil plan review. St~rmwater 16.The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP's) are required during construction. 17. The applicant shall compile a final storm water report along with construction drawings. 18.A11 roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. 19.The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval 20.The stormwater system shall be held in common by the Homeowners Association. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. Fire Protection 21.The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans prior to final subdivision approval. Page 10 of 12 22.The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. Street Lighting 23. Per the City of Yelm's Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. Plat name and addressing 24. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing plat map for approval. SEPA 25.The applicant shall comply with the mitigation requirements of the MDNS issued on December 26, 2003. Mitigation includes: 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 1.01 p.m. peak hour trips per residential unit. The applicant will be responsible for a TFC of $757.50 per unit, which is payable at time of building permit issuance. Prior to final subdivision approval, the applicant shall a. Improve the northern half of 105th Ave. SE from Clark Road to the western property line b. The right-of-use portion of 105th. Ave. SE shall be blocked with no through access c. 3~d Street shall be improved from the proposed development to Yelm Avenue East, and; d. Mosman Street shall be improved from 3~d Street to Hwy 507. e. Tree losses shall be mitigated by a 2 to 1 replacement. f. Open Space Fee in-lieu-of payment for difference of qualified open space. g. School District Mitigation Agreement shall be required prior to final plat approval. Landscaping 26. Prior to any land clearing, a site plan including the location of all trees to be retained and removed (exceeding 8 inches in diameter) must be reviewed and approved by the Community Development Department. Tree losses shall be mitigated by planting at least a 2 to 1 mix of evergreen (70%) and deciduous trees (30%), with a minimum of a 2-inch caliper measured at 4 feet from the ground, around the perimeter of the storm pond areas, and in the Page 11 of 12 qualified open space areas. Trees to remain must be protected during construction pursuant to Chapter 14.16 YMC. 27.The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space, and stormwater facilities. Based on the Analysis and Findings, and the Conditions of Approval above, staff recommends that the Hearing Examiner approve SUB-03-8353-YL. Page 12 of 12 O ~ ~ D m N x) rl n O c~ -*~ ~' o m _~ '? Z z A V D DNO ~ w vi G7 (•1 ~ N ~ N O V y O O Q ~n O ~ ~r7 Apo ~ ~"o C7 . I/) O ynN ~ O v co Z W N O ~ O~ O~ O N 2 v~ 2 ~1 -~ ~o L O N 0079'02' E 677.00 A tNn m J W b G IIF r~ W 1 W N ~ O tV0 I 111IN I N I I I i ~ i ~ ~ I N I 1I vl ~ i a I L li I I If ~ I I i I ~ I °° ~ Nt b ' ~ ~ I I I~ _. .. ..... "~ ~ I -J. I i ~'~ 1 i J ~ P I I (.r /' I NLi V Oi N A W N OWi m m b O o_ I W O I (.__ i ~.. I ........ m r W > W ~° I N I ~ I' IU I . II m I ~m ~ r ~ I a N I W N O ~ I W ...1 I` ~ ~ I I FIu ~ ~ I I I 1 I W W W N N ~ b W ,p (fit I _ ~ ~ I I ~ 1 1 O ( ) ~ N W J I- ' ~ it ~ l I .1 I I ~ ~ ~ m I ' ~ N OOSJ'19~ E ~ ~ I 101.48 t rn f Y A / A / ~ I ~l w ~ ~ '° ~/ / cn 1 u I I ~ Ir o rn gx ~ / ~ / / i J , ~ I~ I I to i ~ ~ I IW W / ,. ;. ~ N / m; I W I 5 9~ / W // i I I i 1 I ~ ~ 5 /~ v ' W / / A ~ I ~ N I z ~ ~~6y ~ ~/ N ~ / I' I / ~ ~ I /sa I __ ~ . ~ ~ aoyd~„ . i ~, / / 1 I O / i I / / / / I' I / / I ' I: / :_~ I I I -. ,~ +N r, oc~w G COC) +~f ~1 :J L D Oa~iprnn ano-~ vg y nD`~'c)q] o 0 ~r~ Ir'-r= 'iOy,0 ~ ~ I '~ vO ;C)O p 11 n O v O V O p $ ~ ~ O i U C ~ y ~ ~ _ ~ r O ~ K ~ r , _ i,y +~C N ~ _ (7 Vl ~ U i'~ I pOrttO > ~, o = i W c ~t ;~ ~ s o=~- ., ~ ~ ~, ,:,1 -~~_. ~~ ~~~~ ~.: CLARK RD. SE /_~ [. -.~ --~'. 1 {-~ 1 r-. r....., c,.. i 'Y'^u nY 11 u 11 V 4 ~u u ~® d ~1~~''7' ® y"Y o {~i\/ O ,~!/ f~' ,,} - ~~ - ~~ ~~~ >r t c'NA.-~.i^I ~i~T~N c~-~Y ®~ ~~~. PO Box 479 Yelm WA 98597 360-458-3835 ~O~'ICE OF APPLICATIt~~ Mailed on: October 22, 2003 PROJECT NAME AND LOCATION: Yelm Terra Preliminary Plat Approximately 24 Acres on 105th Avenue SE, Between Mill Road and Clark Road LAND USE CASE: SUB-03-8353-YL An application submitted by Yelm Terra LLC, 4200 6th Ave. SE. Suite 301, Lacey, WA 98503, for the above referenced project was received by the City of Yelm on October 10, 2003. The City has determined the application to be complete on October 22, 2003. The application and any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: The project proposal is to subdivide 24.25 acres into 97 single-family residential lots. ENVIRONNIENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: An Environmental Checklist, Traffic Impact Analysis, and Preliminary Stormwater Report, was submitted with the application. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act {SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm WA 98597, 360- 458-3835. THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON NOVE141BER 6, 2003 This notice has been provided to appropriate local and state agencies, and property owners within 300 feet of the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there will be a 14-day public comment period if an environmental determination is issued. Opportunities for appeal occur within twenty one {21) days after the date the environmental determination is issued. City Council decision can be appealed through Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final Decision. ~ ~~~ n ^~ _~ ~ n ~n „=~ ~ ~sw 0 •~~~ to ~ ~ ~=' a a ~„ ~ .Iz g~ o n ao Z ?> ~J ~3'- ~~ r-R _ I I~~ J___=J_=~1_~_~_I ~; JI - I _ ~ G ~ '~ 1 ~ ~ I`I`I u y i a ~~ ~ j o ~ i - 1 i I ~ ~ ~ i- e m j '°~ - ~ 4 ' ~ ~ ~ 'Y ' I ~ I o ~i _~_~ ~ N , ~ o a. I , .~ -- --- -- _, ~ i ,e ~; ,:~ j a i"l~ _ _ -: ~ w ~: ~~~ I of ' -...j = Irr ~ ~~ . ~ - 1 .. .:j m ~ w :V a ~I ~ ,;jo e ~, a P ~I ~: i t f f ~ , ~: . ~q ~ a ,~ 9.f ~ ~ ~~ I ~. ~ /, s' f i ~~ ') T h ~~ i ~~ ~' .j o /' ~ I~ /~/' i /~ .. I ~' ~_. ___~`j I~ ..~ I .. CUaK a0. SE .__ .. ~~ Ya: ;~. s'' -_ . ~~ c~ ~ r~ ~® a~ ~~ ~~ o~~ ~ \`` _ ~;' r;.-. ~~~~;n i~ - - ! i ~ ~ ~~, ~.~. J ~ r, ~ f i + _fl' W~ ~~ ,' - 1 ; _ ...._.~_.__ .__. _ ~~L.'-.ill 1 ..7 ->> _.__ ! tI. ___ ... I~ ~ w .. ~ .~ l~Tovember 3, 2003 Tami Merriman Cammunity Development Dept. P. O. Box 479 Yelm, WA 98597 RE: Yelm Terra Preliminary Plat Dear Ms. Merriman: NOV 0 ~ ?~„ , The comments provided below address the impacts the Yelm Terra subdivision, as proposed, will have on the community. The developer of Yelm Terra subdivision proposes to provide inadequate access to and from the development. All egress traffic is proposed to be onto 105th Way. Even worse, the developer proposes to close 105th Way where it accesses Mill Road. This will direct all the subdivision traffic as well as traffic generated by the current residents on 105°i Way to one point: the intersection of 105th Way and Clark Road. The traffic report provided for this proposal did not adequately address the impact this will have to the residents on 1 OSth Way, particularly to those tenth driveways within 350 feet of the stop sign. Traffic from the development has a strong potential of blocking two driveways serving four residences during morning peak hour traffic. The driveway closest to the stop sign is only 60 feet away from this intersection and. will be the one most affected. Closing 105th Way will also impact the public tivho qse this road to bypass the stagnant traffic on Yelm Avenue. Peak hour traffic is so bad in the downtown. area now that it takes about 15 minutes to get fram the Yelm Avenue/Clark Road intersection to the high. school. People often take l05`h Way to bypass this congestion. The City of Yelm must not allow the developer to ignore his responsibilities to provide adequate ingress/egress at the site, and to not harm neighboring properties. To mitigate the traffic impact for this development, the developer must purchase property adjacent to l05`h Way near Mill Road to «-iden the road at this end, and open 3"' Street to two-way traffic. Yelm City Code Section 1 b.16.090 states, "The la~mz.~t of stf-eets shall provide, for continxration of streets ezirling itz a~fjoining sarfidrvisions." Allowing the developer to proceed with the subdivision as proposed will be in violation of this code as well as Code Sections 16.16.110 and 16.1b.120, which do not allow for dead end streets greater than 600 feet, or extend 660 feet without including a provision for at least one intersection. The City's Comprehensive Plan also demands that 105`}' remain open at both ends and that 3"{ Street be developed for two-way traffic as provided in Section B of the Transportation Element, as follows: Tlae obfective of the Transportation Plan is to provide acost-effective nehvork to acconarnodate travel ira and crrvanzd the core area. To accorr2plisla this obfective, yelrn will activelt%pa~rszce: 1. ~ connected-str°eet~s~ policy to promote the eff"icierrt flow of'tr~af~c within the comrntrrtity. 2. ~ series of connected arterials wlaicla will per•rnit traffic to bypass the zrr•ban core fit is rner•ely passing through, to redzrce congestion in the central core. The City of Yelm must take into consideration the fact that the large-acreage properties to the south of the proposed subdivision are in Yelm's Urban Gro4~-th Boundary and will he annexed into the City in a few years. Land costs «-i11 increase tremendously and many of these property owners will be forced to, or desire to subdivide their own properties. If the Yelm Terra's preliminary plat is not conditioned to mitigate the traffic impacts it will have on Clark Road and 105`x' Way, it will unfairly require a later developer or the taxpayers to mitigate the problems created by the developer of Yelm Terra. The Citv would be very short sighted if it allowed the developer to minimize his expenses by closing the Mill Road end of 105' Way. This avenue of travel will be increasingly needed by the public as more housing developments are built. It will also help to relieve the traffic backups through downtown Yelm until a ne~~~ bypass road is constructed, which may be many years from now. As this subdivision will be adding a large number of vehicles to 105`h Way, the developer should be required to fix the dangerous condition that exists at the intersection of 105`x' Way and Clark Road. A high. embankment on the northwest corner of the intersection blocks drivers' views of southbound traffic on Clark Road. Vehicles entering onto Clark Road from 105`h Way must drive their vehicle almost to the center line of Clark Road before they can see approaching southbound traffic. Vehicles regularly travel. at high rates of speed on Clark Rd and with the extra traffic resulting from the new subdivision, a fatality accident is imminent. The traffic study provided by Transportation Engineering Northwest, was totally inadequate in showing the significant, negative impacts that will be imposed on the community if they are allowed to develop without improving both ends of 105`h Way and 3r`' Street. In addition to staying silent about the impacts closing 105`'' Way will have to the public an res~ ents who use l OS ay, t e transportation engmeer~ng firm co ected ata or e during the summer when school was not in session. Summer traffic in Yelm flows far smoother than when sc ool~n session. Much of that is because the high school and middle school are on Yelm Hightivay/Avemie. During the schoolvear, school buses and parents driving their kids to and from school slow traffic. When buses stop to pick up or drop off children, they holdup traffic in both directions for several minutes each time. High school kids driving to school significantly increase the delay time for traffic on Yelm Avenue. Currently, driving from the Clark Rd/Yelm Ave intersection to the high school at 7:00 a.m, during a school day takes 10 minutes due to the stop and crawl traffic. During the off-peak time, it takes 3 three minutes to travel this same distance. You do not have to be traffic en~~ineer to know that that delay time is tar higher than X7.6 seconds as indicated in Table ? ol~the transportation report. To many of us who travel this route each work day, Yelm Avenue is already considered to be at a level of service "F". Adding such a large number of homes to this area and taking away access to Mill Road from 1051}i will result in a very significant negative impact to Yelm Avenue between Clark and 1st Street. If 105th Way is open to t~vo lanes where it meets 1Y1i11 Road, there will be far less impact to Yelm Avenue. Another impact the proposal will have that was not addressed by the traffic study is the additional time it ~~=i11 take the fire department located on I_V1iI1 Road, to get to emergencies on 105`h Way. I would think the City would be doing all they could to reduce the time it takes to reach an emergency rather than increase that time. Accuracy of other areas of the traffic study is also questionable. The traffic report indicated the speed limit on 1't Street is 35 mph within the city limits. That is incorrect. The correct speed limit is '25 mph on this section of road. The traffic engineer also reports the posted speed limits on Clark Rd and 105th Way are 25 mph. This is also incorrect. The posted limits are 35 mph. I do not know if these errors contribute to distorting the analysis of the study but if they do, the study should be thrown out and completed by an impartial transportation engineering fine. One is led to believe that if they aren't willing to take the time to find out the speed limits posted for the roads on which they are reporting, they are also not taking the time to provide a sound analysis of existing conditions and projected impacts to the traffic levels. I hope City staff and the hearing examiner will see that a new traffic study is required by an impartial transportation engineering firm. The new traffic s~idy should take into consideration how to mitigate the negative impacts to existing residents on 105th Way, and how to mitigate the delay time created by emergency service vehicles who must travel further distances to residences on 1.05`" Way when it is closed. The only feasible solutions to mitigate the negative impact to the neighboring property owners and the public who use 105th Way as a through road is for the City to condemn property near Mill Road on 105th Way and widen the road to City of Yelm standards. The developer should be required to compensate the ov~~ners of the condemned property. Additionally, the road to the north proposed to be open only for ingress to the subdivision but closed to egress traffic should be widened to allow both ingress and egress traffic. If that is not feasible, another road from the north side of the subdivision should be opened for egress only. One possibility is an extension of 104°i Ave from Mill Road to the subdivision. Sufficient access from the subdivision on roads other than 105`" Way would provide some relief from traffic impacts to 105'}' Way and Clarlc Road. There are three other issues that the SEPA Threshold Determination should mitigate. The first is construction. noise. The developer should be limited to workinv no earlier than 7 a. m. and no later than 5 p.m. on ~veekdavs. No work should take place on tiveekends to maintain the peace of residents near the site. A second issue that should be addressed is the impact to privacy that is currently enjoyed b_y the subdivision's neighbors. A six- foot-hi~~h fence should be constructed around the development to provide some privacy and hopefully dim some of the noise generated by 97 families. In keeping with the intentions of SEPA, the developer should provide access to Cochrane Park. The subdivision is adjacent to the park and a path or trail should be constructed for use by the public who lit-~e nearby, including those outside the subdivision. I hope that the Cih.~ and the Hearing Examiner will take these comments into account and see that the developer's proposal will create a negative impact to those residents ~vho live on lOSti' Way and Clark Road, and will further impact future development by eliminating or restricting access to roadtivays when more roadti~Tays are needed to permit traffic to bypass congested areas. Please place me on your mailing list to receive the Environmental Threshold Determination, Notice of Public Hearing, and Notice of Final Decision. Sincere y, ~~ Q~- Kelly an Elizabeth Jorgenson 15939 105`x' Way SE Yelm, WA 98597 ~~ 1 ~ 1 ~ ~L,-~- ~ ~~~~~~~ ~n :~ ~a y ~c ~ll~ it-!'~ ~ z' , ~~~~~~ c~~ ~~~~~~~ G ~, ~~~, ~~~~11 ~, 1~~~ ~t ~~'~' . ~ ~~z~- ~ ~,~Y ~~~A ~~~~ ~(~ ~ C ~ ~ ~ ~~ ICS ~ .~~ ~~ ~~ OGr~ ~'~t1L~ i/J ~l.~~i~..~.1 ~ , ~lI`~ L. G~Z~~YI ~~~c~ E`er ~ ~1-~~~ , J ~i ~~c~ ~~ ~~ , ~~~ ll~~~ h'lt ~J. {'~u~ aGQo~v~.~ ~7 (~`~ ~~G ~~~~~ ~ ~ SEPA N0: 8353 MITIGATED DETERMINATION OF NONSIGNIFICANCE Proponent: Yelm Terra, LLC Description of Proposal: Subdivide 24.25 acres into 97 single-family residential lots. The project includes the construction of stormwater facilities, interior streets, and street improvements to 105th Avenue SE. Location of the Proposal: The project site is located between on 105th Avenue SE, between Clark Road and Mill Road. Section/Township/Range: Section 30, Township 17 North Range 2 East, W.M. Threshold Determination: The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment. Therefore, an environmental impact statement (EIS) will not be required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Conditions/Mitigating Measures: SEE ATTACHED Lead agency: City of Yelm Responsible Official: Grant Beck, Community Development Director Date of Issue: December 26, 2003 C~eadline: January 9, 2004 at 5:00 P.M. ppe a ~~~: ~ January 16, 2004 at 5:00 P.M. Graryt'Beck, Community Development Director This Mitigated Determination of NonSignificance (MDNS) is issued pursuant to Washington Administrative Code 197-11-340 (2). Comments must be submitted to Tami Merriman, Community Development Department, at City of Yelm, 105 Yelm Avenue West, P.O. Box 479, Yelm, WA 98597, by January 9, 2004, at 5:00 P.M. The City of Yelm will not act on this proposal prior January 16, 2004, at 5:00 P.M. You may appeal this determination to the Yelm Hearing Examiner, at above address, by submitting a written appeal no later than January 16, 2004, at 5:00 P.M. You should be prepared to make specific factual objections. Contact Grant Beck, Community Development Director, to learn more about the procedures for SEPA appeals. This MDNS is not a permit and does not by itself constitute project approval. The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Code (Title 17 YMC), Critical Areas Code (Chapter 14.08 YMC), Storm water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) (Title 14 YMC), Road Design Standards, Platting and Subdivision Code (Title 16 YMC), and the Shoreline Master Program. ------------------------------------------------------ DO NOT PUBLISH BELOW THIS LINE Published: Nisqually Valley News, Friday, January 2, 2004 Posted in public areas: Friday, December 26, 2004 Copies to: All agencies/citizens on SEPA mailing list and adjacent property owners Dept. of Ecology w/checklist ATTACHMENT SEPA Case Number 8353 Findings of Fact 1. This Mitigated Determination of Non Significance is based on the project as proposed and the impacts and potential mitigation measures reflected in the following environmental documents: • Environmental Checklist (dated October, 2003, prepared by SCA Consulting Group) • Traffic Impact Analysis (dated September 2003, and updated November 2003, prepared by Transportation Engineering Northwest) • Preliminary Storm Drainage and Erosion Control Report (dated October 2003, prepared by SCA Consulting Group) The traffic impact analysis (TIA) submitted as part of the subdivision application indicates that the project will generate 928 vehicle trips per day, with a PM peak of 98 vehicles per hour. The TIA, assuming a baseline annual growth rate of 4%, indicated that: The intersection of 105th Ave, and Clark Road will be at a Level of Service (LOS) A, with an average delay of 9 seconds. The signalized intersection of Clark Road and Yelm Avenue will be at a LOS A, with an average delay of 9 seconds. The intersection of 3rd Street and Yelm Avenue will be at LOS C, with an average delay of 22 seconds. The intersection of Mosman and 1St Street (507) will be at LOS D, with an average delay of 33 seconds. The signalized intersection of Yelm Avenue and First Street will be at LOS D, with an average delay of 48 seconds. The intersection of Yelm Avenue West (510) and SW Longmire Street will be at LOS F, with an average delay of 56 seconds. The intersection of Yelm Avenue (507) and NE 103`d Street will be at LOS D, with an average delay of 34 seconds. The intersection of Yelm Avenue East (507) and Bald Hills Road will be at LOS C, with an average delay of 30 seconds. Frontage improvements will be constructed along 105th Avenue SE. The subdivision will provide for a road connection to the existing neighborhood to the north, with a narrowed street, traffic signs, no parking and a raised pedestrian crossing. The subdivision will provide connecting sidewalks from Yelm Terra to the sidewalks in the Prairie View subdivision. The City of Yelm has adopted a concurrency management system as required by the Growth Management Act. Chapter 15.40 YMC (Concurrency Management) is designed to ensure that the improvements required to support development are available at the time of development. A concurrency determination may be issued for a proposal as it relates to transportation issues when: the development provides on-site frontage improvements; the project makes off-site improvements as necessary to provide for the safe movement of traffic; and the project makes a contribution to projects identified the six year transportation improvement program in the form of a Transportation Facilities Charge. The Growth Management Act at Section 36.70.070 (6)(b) RCW states that a finding of concurrency can be issued when required improvements are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years. 4. Improvements to West Yelm Avenue, including atwo-way center turn lane, is listed as a project on the 2003 - 2008 Transportation Improvement Program. West Yelm Avenue is a State Highway (SR 510). There is no financial commitment currently in place to complete the improvement. Improvements to the Mosman Street/SR 507 intersection including intersection realignment, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Improvements to Mosman Street to 2"d Street including widening the roadway, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Improvements to Mill Road including road realignment, is listed as a project on the 2003 - 2008 Transportation Improvement Program. There is no financial commitment currently in place to complete the improvement. Private streets within the City limits shall not be allowed except when approved by the City and when all conditions of Section 4B.070, Development Guidelines are met. Section 4B.070(B) states that private streets are not allowed when the street is connected to two public streets. Section 4B.150 Yelm Development guidelines states that sight distance at intersections shall be in conformance with the WSDOT Design Manual and the AASHTO Green Book. The City's Comprehensive Transportation Plans connectivity policy recognizes that increasing connections throughout the City not only reduces traffic congestion, but also increases the sense of unity of the community. Section16.16.090 Yelm Municipal Code (YMC) states that the layout of streets shall provide for continuation of streets existing in adjoining subdivisions. 5. Mosman Street from 3`d to SR 507, and 3`d Street from;the Praire View subdivision to SR 507 are currently substandard in that they have travel lanes less than 12 feet in width in areas. 3`d Street in the Prarie View subdivsion does not meet current standards for a neighborhood collector street. There is a berm at the intersection of Clark Road and 105th Avenue which may limit sight distance below acceptable standards with the addition of traffic to 105th Avenue. 6. The public right-of-way at 105th Avenue ends at the western property line of the development and 105th continues as a one lane, curved, right-of-use road to Mill Road and SR 507. This right-of- use road does not meet any public street standards, is a one-way street used for two way traffic, and contains no pull-outs. The development will provide alternate connectivity in the form of a public street from 105th, through Yelm Terra and Prairie View, along Mosman to SR 507. 7. Section 14.16.110 YMC provides for the preservation of trees on private property with new development and requires that existing trees not be removed until a final decision is made regarding the feasibility of preserving existing trees. The existing trees on this property are a group of large Douglas Fir. The trees located in the area of proposed stormwater treatment areas are in danger of future tree failure with grading near the base of the trees. Existing trees that are located in areas of qualified open space should be protected during development with protective fencing at the drip line. All machinery shall be kept out of the drip line. 8. Chapter14.12 YMC requires the dedication of open space for all residential development. Section 14.12.050 YMC lists four (4) attributes for qualification of open space. Section 14.12.060 allows for a fee in lieu of open space under certain conditions. 9. The Yelm School District has adopted a school mitigation requirement based on the demand that new residential units create for additional school services and facilities. Additional demands on the school system will be mitigated through the requirement that the developer enter into a mitigation agreement with the District. Mitigation Measures The developer shal- mitigate transportation impacts based on the new residential P.M. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per dwelling unit which is payable at time of building permit. Credit should be given for the existing single-family dwelling. Prior to final subdivision approval, the developer shall complete the following transportation improvements: a. The north half of 105th Avenue shall be improved to City Standards for a Neighborhood Collector from Clark Road, to the western most property line of the proposed subdivision. b. The right-of-use portion of 105th Avenue shall be blocked by a barricade meeting Yelm Development Guidelines and Manual of Uniform Trafffic Control Devices (MUTCD) standards at Mill Road and signed pursuant to MUTCD as a private road with no though access. c. The developer shall ensure sight distance at the intersection of Clark Road and 105th Avenue meets Yelm Development Guidelines and ASHTO specifications. d. 3`d Street, between the proposed subdivision and Mosman Street, shall be improved to a 24 foot asphalt driving surface with vertical concrete curb on both sides, and signage for no parking. e. 3`d Street, from Mosman to Yelm Avenue East (507) and Mosman from 3`d Street to First Street (507) shall be improved to a 24 feet driving surface with 2-foot shoulders. f. Sidewalks from the proposed development must connect to the sidewalks in the Parkview development, pursuant to the TIA. 3. Prior to any land clearing, a site plan including the location of all trees to be retained and removed (exceeding 8 inches in diameter) must be reviewed and approved by the Community Development Department. Tree losses shall be mitigated by planting at least a 2 to 1 mix of evergreen (70%) and deciduous trees (30%), with a minimum of a 2-inch caliper measured at 4 feet from the ground, around the perimeter of the storm pond areas, and in the qualified open space areas. Trees to remain must be protected during construction pursuant to Chapter 14.16 YMC. Pay open space "Fee in Lieu of" for the difference between the qualified (usable) open space, and the required open space. The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District. y ~~ I~ e ~I,~SC V~~Y ~JI dfIVVioIY DrPAR T MENT OF ECOLOGY P. L'. Bax ~?7iT5 • Olympia, '~1'a~hingian 98~D-•'-7~ i5 a (300) 4f37-b3G0 January- 9, 2004 Ms. Tami Merriman Community Development Department City of Yelm 105 Yelm Avenue West Yelm, WA 98597 <~ - - ~` - - Your address is in the ~n/atershed Dear Ms. Merriman: Tha-zk you for the opportunity to comment on the mitigated determination of nonsignificance for the Yelm Terra (SEPA #8353) located between 105`x' Avenue Southeast, between Clark Road and Mill Road, as proposed by Yelm Terra LLC. We reviewed the environmental checl~list and have the following comments: Water Quality Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent soil from being carried<into surface water by storm~vater runoff. Sand, silt, and soil will damage aquatic habitat and are considered pollutants. Proper disposal of construction debris must be on land in such a manner that debris cannot enter the old drainage ditch or cause water quality degradation of state waters. Erosion and sediment control is a key to preserving habitat and preventing denudation of a developing area. The following practices are recommended: Clearin;z limits and/or any easements or required buffers should be staked and flagged in the field. All temporary erosion control systems should be designed to contain the nmoff from the developed t~~o year, 24-hour design storm without eroding. Provision should be made to minimize the tracking of sediment by construction vehicles onto paved public roads. If sediment is deposited. it should be cleaned every day by shoveling or swetpin~„ l~"•ater clearing should onl}' be done after the area has been shoveled out or s~~'ept. Paint and «~al] Yinishin~~ equipment ~ti~ash «~ater should b~ disposed ~~>f in a ~~~ay «~hich ~~ ill nut a~i~~cr~cl.,~ impact the water quality of the state. Ms. Tami Men-iman January 9, 2004 Page 2 The owner of a construction site which disturbs five acres or more of total land area, and which has or will have a discharge of stonnwater to a surface water or to a stone sewer, must apply for coverage under Ecology~s General Permit for stonnwater Discharges Associated with Construction Activities. Owners of sites where less than five acres of total land area will be dishlrbed must also apply if the construction activity is part of a larger contiguous plan of development or sale in which more than five acres will eventually be disturbed. Discharge of stonnwater from such sites without a permit is a violation of federal and state law and the owner will be subject to enforcement action by the Department of Ecology or through third party lawsuits. For construction of subdivisions, the five acre threshold which triggers the NPDES permit requirement applies to land that is disturbed by the land owner, land owner's agent, or by an entity which has obtained a use agreement (e.g., lease, easement) from the land owner. Include acreage which is disturbed (e.g., graded) prior to its sale to independent contractor(s). A stormwater permit application form, referred to as a Notice of Intent, can be obtained by calling Ecology's Storn~water Request Line (360) 407-7156 or Linda Matlock at (360) 407-6437. Applicants are encouraged to submit completed forms and publish public notices more than 38 days prior to the planned start of conshuction to avoid delays to the project. Water Resources The proponent is responsible for inspecting the site to deternline the location of all existing wells. Any umised wells must be properly decommissioned and decommissioning reports submitted to Ecology as described in Chapter 173-160 WAC entitled "Minimum Standards for the Construction and Maintenance of Wells." This includes resource protection wells and any dewatering wells installed during the construction phase of the project. If you have any questions or would like to respond to these comments, please call Roberta Woods (Water Quality) at (360) 407-6296 and/or Deb Hunemuller (Water Resources) at (360) 407-0290. Sincerely, ~~ ~~~~ \ .-/a Jeri Berube Administrative Coordinator JB: smb (03-7970) cc: Roberta ~~~ oods. WQ Linda Matlock, WQ Deb Hunemuller, WR Y elm Terra. LLC (Applicant) ,, ~- ~~ J ® ~--~-- --.-----.--~--.--.-- -- ----.---- ,., ,, ;' '~ January 9, 2004 4200 Sixth Ave SE, Suite 301 Lacey, WA 98503 P.O. Box 3485 Grant Beck, Community Development Director Lacey, WA 98509-3485 City Of Yelm (360) 493-6002 PO BOX 479 (360) 493-2476 Fax Yelm, WA 98597 sca@scaconsultinggroup.com www.thescagroup.com RE: Yelm Terra -MDNS Comments SCA#03008 Dear Mr. Beck: -~ ~^~j .~ ~~ 200 This letter is to formally cor~?!Y,ent on. the Mitigaton Measures attached to the Yelm Terra MDNS dated December 26, 2003. Specifically, we wish to comment on Finding of Fact #5 and Mitigation Measures 2d and 2e relating to off-site roadway improvements. Finding of Fact #5 states in part; "3rd Street in the Prairie View subdivision does not meet current standards for a neighborhood collector street." This is a true statement, however, it should be pointed out that the subject section of street was built to neighborhood collector standards at the time the subdivision was built. The Park View subdivision is not that old and the City required 3rd street to be stubbed to the south. This means that the City anticipated and encouraged more traffic to utilize this section street and asked for the street to be built accordingly. Therefore, Mitigation Measure 2d should not be attached to the Yelm Terra MDNS. 3rd Street within the Park View subdivision was built to the requested street standard in place at the time the plat was developed. A change in the street, standards is not an action caused by the proposed development and it should not be the responsibility of Yelm Terra to update the street section. If existing on-street parking is an issue with traffic safety on 3rd Street, then the City needs to take the responsibility to enforce the no parking requirements to ensure proper traffic safety. Furthermore, the traffic impact analysis addressed conditions on 3rd Street and recommended the placement of no parking signs and a stop sign at Mossman Road. There is no discussion or recommendation in the TIA that such a mitigation measure is necessary. Mitigation Measure 2d is simply not supported by the TIA or by the expanded Finding of Fact outlined above. We ask the City to withdraw or consider other alternatives for Mitigation Measure 2d from the MDNS. We ask for a clarification on Mitigation Measure 2e. 2e requires 3rd Street to be improved to a 24 foot driving surface with 2-foot shoulders. What is the expected surface composition of the shoulders, gravel or asphalt pavement? Thank you for the opportunity to comment on the MDNS for Yelm Terra. We hope the City will be able to respond to our questions and comments within the next couple of days. In the event we do not hear back from you prior to the January 16 appeal deadline, we wish to inform the City we intend to maintain our due process by filing the appropriate appeal documentation. We look forward to your response and if you have any questions, please contact me at 360.493.6002. SLC Development June 6, 2003 Page 2 cc: (g : \text\pr\2003 \03GG8\SeckG i 0904. doc} 01/09/2004 14:19 FAX 253 512 2268 COMMUNITY DEVELOPMENT (QJ002 3anuary 9, 2004 Grant Beck Yelm Community Development Director Dear Mr. Beck: I have reviewed the revised traffic report and the MDNS provide~~ for the Ye1m Terra Subdivision. The traffic report does not accurately reflect the current delay time fo~• trafftc turning left onto Clark Road from Yelm Avenue. During peak hours, traffic moving east is typically bumper to bumper, traveling at approximately 20 miles per hour. When turning south onto Clarl: Road from Yelm Avenue, drivers often cannot find a break in this line of traffic until the tzaffic light has changed to red. As a result, only one car caii turn left (illegally} for each light change. Granted, this does :not happen all the time, but it does occur often enough for one to know that adding 97 new homes an 105' Way SE will result in longer lines of traffic trying to turn left onto Clark. The City is aware that Yelm Avenue is at a transportation Level ~~f Service "F" and should require Yelm Terra LLC to reduce or eliminate the resulting additional impact;: their proposal will have on traffic flow. The MDNS should be revised, adding a new mitigation measure requiring the applicant to install a left turn signal to allow safe movement of vehicles turning onto Clarlc Road from Yelm Avenue. I would also like to bring up my concern about the impact this project will have on my ability to get out of my driveway during peak hours. As I had specified in my previous letter, my driveway is only about 60 feet from the intersection. Three or more vehicles backed up ~on 105°i Way to tum onto Clark will prevent anyone from leavzng my driveway. Despite the traffic report's indication that this road will remain Level of Service "A", I am quite sure that after the 97 residrnces in Yelm Terra are occupied, I will be forced to wait for a significant time for cars to let me ont<~ 105`" 'W'ay so I can leave for work in the mornings. This makes my existing garage and driveway unusable. I will be forced to park in my pasture west of my house just so I can leave for work at a reasonable time. At the very least, please consider a requirement Chat the developer provide the City with a $10,000 bond, to be held for minimum of one year after all new residences are sold. If the impact that I believe will occur does occur, then the money should be used towazd constru~~ting a new driveway and two-car garage for the residents of 15939 105`" Way'. The new driveway and garage will be located west of the house, further from 105°i Way where traffic stopped to turn onto Clark }td. will no longer impact the residents of this property. If the impact to the residents does not materialize, the bond will be released to the developer. Thank you for your serious consideration of these mitigation mesisures. I look forward to receiving your final threshold determination. Sincerely, I3eth 3orgenson 'the owner oCtlvis property mll make up the difference in construction costa. NOTICE OF PUBLIC NEARING YELM HEARING EXAMINER DATE: Monday, March 1, 2004, 9:00 a.m. PLACE: Yelm Public Works, 901 Rhoton Road, Yelm WA 1. PURPOSE: Public Hearing to receive comments regarding the proposed Yelm Terra Subdivision of 24.25 acres into 97 single family residential lots. The project site is located on 105t" Ave. SE, Yelm, WA, between Ciark Road and Mill Road. Case No. SUB-03-8353-YL Applicant: Yelm Terra LLC 2. PURPOSE: Public Meeting to hear testimony from parties of record, regarding an appeal of certain conditions of the Mitigated Determination of Nonsignificance issued for the Yelm Terra Subdivision. Case #APP-04-0005 YL Appellant: Dr. Lee Anne Campbell Applicant: Yelm Terra LLC The City ofi Yelm Hearing Examiner will hold a public hearing to receive comments on the proposed Yelm Terra Subdivision, and to hear testimony from parties of record, regarding an appeal of certain conditions of the Mitigated Determination of Nonsignificance for the Yelm Terra Subdivision. The Hearing Examiner will make a decision on the matter within 10 days after the meeting. ~ .. Parties of Record may testify at the meeting on Monday, March 1, 2004. Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please contact Tami Merriman at (360) 458-3835. The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate in this hearing, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting. ATTEST: City of Yelm .~ f , `: f~ ~, r;-~ , ,; i" - agnes Bennick, City Clerk DO NOT PUBLISH BELO~N THIS LINE Published in the Nisqually Valley News: Friday, February 20, 2004 Mailed to Adjacent Property Owners and Posted in Public Places: February 17, 2004 `to: Hearing Examiner Stephen Causseux, 3r. From: Beth Jorgenson, 15939 105`'" Way SE, Yelcn, WA RE: Yelm Terra Preliminary Plat, Case #SUB-03-8353-YL I would like to comment on the poor design of the plat in order to cram in mare residences than would fit if the design included a better interior street system. The loop system praposed by the applicant conflicts with the Yelm `T'ransportation Plan, which seeks to limit the use of loops and other designs that form barriers. Allowing a Loop design rather than requiring a grid design that can connect with new streets that will form when properties to the northeast subdivide in the future will create a gridlock on 105`x' Way as properties to the south develop. "1 he Yelm "1'ranspartation Plan also states, "T'he City of Yelm recognizes that increasing connections throughout the City not only reduces traffic congestion, but also increases the sense of unity of the comm~.uuty. Therefore the City will limit the use of cul-de-sacs, dead-end streets ..." The applicant proposes to close the west end of 105"' Way SE to through traffic rather than pay to have it widened to two lanes for safer access. Closing off this route will have a significant negative impact to the people who live in the City of Yelm. This access currently allows people to drive around the most congested area of the City-downtown Yelm. By closing this access, traffic congestion on Yelm Avenue will unnecessarily increase. Yelm Avenue is already at a Level of Service "F". Preventing people from getting around this congested area goes directly against the Transportation Plan's policies. This proposal should not be allowed to develop at the intensity proposed until the City of Yelm purchases properties or portions of property at the west end of 105' Way to construct a street to City street standards. Funding for this should be through latecomer agreements. The Community Development Department has ignored all comments by neighbors who feel they will be negatively impacted by the proposal. I personally will have to spend between $10,000 to $15,000 to build a new driveway and garage an the west side of my house so I can leave my property for work weekday mornings. The traffic report slates that the development will not significantly impact 105"' Way but it doesn't analyze how many vehicles will be backed up beyond the stop sign past my driveway in morning peak hour, blocking my access to the road. This scenario is assured with the closing of the west end of 105' Way. It's outrageous that the developer is allowed to make millions from a large project while he burdens neighboring landowners with large expenses and inconveniences that are a direct result of his development. "I'he Community Development Department also has not provided the required noticing as they state in the staff report. There has never been a notice posted for this project, on 105'" Way. People who do not live within 300 feet of the subject site yet frequently use this road will never know what is being praposed until it is too late to comment. This public hearing should be postponed until adequate notice is provided to the public. ,- ~._..,. m O =C Z C ~ ~ N (TI ~~ ~ m 2 N 2 ~ < C) C~ W C A GO f D > 2 N N O u-<NCOD ~~O C N ~ ~ ~ ; m D J ~ m 0 v m <~ o m r D CmN N mmrO N D ~ J ti O7 D 0 ~ m ~ Z D ~ pG) W 5 m f V'j 0 N D o m s I~° 0 ~ ~ o 0 D 2 O O -VyI ~ ; 2 2 m W ~ A N N A m v v m O Om m m D -i r m ~ o 0 5 o a ~ ~ o 0 V O .~9 N ~ W Z A p ~, ~ II p ~~ U N W U p O p .'I. cn N J m .'_: CTI S D m m ~I 1 '0?' E 623.00' N 00'53'19' E 101.48 - e/ ~ 1'V ~ ^^ m 2Y `7 '::•: , ~ ~ O ~, ~.•;. ~.: ei I s F rr ti G09 f . »L CLARK RD. SE NJa ~~ FM d d _.. _. _. z ~ ~ v vl O G) W () m m Z < < O ~ D N S Z In V) 0 D I m ~ N f~ 2 Z Z O A N ~ Z ~ C1 G7 m N D m ~ -1 ~ () y ~ m r m Z z m ~ m m m m m w o ~ ~ c ~ m O m C m ti N 0 A W m r^ m ti D O ~ N0. DATE REVISION ~ S? n DESIGNED BY: E~ Oo A m s _ ~ y ~ ~ DRAWN BY: EVM C ~ O i ~ 2 ~ 5' ~ ~ ^.^~~, CHECKED BY: ~ p3p y ~ Z ~ ~ m ~ ~ ~ ~ a ~~ ~O.^ g ~a~ ~ ~~~~ ~~~~~ APPROVED fqi CONSTRUCTION Io n ~ ~ ~~ ~ ~ 6 O ~ ~~•- DATE: O9~29~LO3 R ~N. - r~3 BY: DATE: `~ ~g ~ SCALE: ~~ - BOO, K1~1 YELM WASHINGTON APPROVAL OEXPIRESUBLIC WORKS 12/15/2003 14:57 T0: FROM: .DATE: SUBJECT: 360-493-2476 FILE CRAIG S"I'CLPY, SCA .DECEMBER 9.2003 SCA CONSULTING GROUP YrI~M. TERRA - NEiGHBORHOO.D MEETING PAGE 02 Wednesday, T}ecemher 3, 2003, We hosted a neighborhood meeting at the Prairie Park Hotel in Yelm to provide a forum for interested citizens in the area to comment on the proposed plat of Ye.lm Terra. The meeting began at 5:30 I?M and I estimated there were about 15-18 residents that aitended..l gave a brief summary o.f th.e project, outlining tl~e basis of the design, pnd the amenities to be provided in the area, such as road improvements, open space, recreational facilities, etc. The floor then opened up for questions and comments from the audience. Vl/e spent an hour to ao. hour and a half discussing the various points and concerns the neighbors had. Generally, the concerns centered around two primary subjects, .1 }density of the project and 2) perceived off--site traffic congestion and road improvements. I } The audience questioned. the need for 971ots. It was tlteir contention that even though the zon.i.ng pert~itted that number of lots, they felt a developer could make more money by ilae,l,piug iJic density iu half said lnaildiu~, bigger, Eaot~c cxpCnsivc homes. They believe there quality of life is going to suffer greatly because of the increased noise, traffic and crime that is associated with increased densities. My response was, the developers have looked at the market and economic conditions of the area and determined that 971ots was the appropriate economic determination. The proposed homes wilt be a little upscale than the adjacent developments completed. i.n the Last few years. 2) The audience is concerned shout the impact that an additiona1970 average daily trips may have on the surrounding roadway network. They believe that 105"'Avenue and Clark Road are sub-standard roadways and won't be able to safely handle the additional traffic. There preference is to reduce the density o#. the plat or the developer should. pay to have LUS`~ Avenue and Clark Road re-built to City Standards. i. summarized the road improvements required by the project which included half street frontage improvements on. 1.p5'~' Avenue and that this project would be contributing approximently $70,000 to the City for various road improvement projects in the City, but wasn't sure if Clark Road was in the City's plans. The audience also expressed their concern about traffic utilizing that portion of .105` Avenue west of the site. i pointed out that we were implementing features into the road design thAt would strongly discourage trafl`ic from using that portion of 105t° Avenue. Also, since this road is a private road, I pointed out they could install signs informing the public of the private road status and that it was not open to through traffic. TllCIC WC1C ~UIUC VllIC1 EIIf:ItiCUtill GVlll'~Cl'115, suub as l.iplrt.iag, sto~~m drainage, and sidewalks. Al.l of which will be built to city standards. It was conveyed that the land. owner whom h..ave lived on and maintained this property 'for over 40 vears are retaining some of the finished lots and will be building their new residence here. 12/15/2003 14:57 360-493-2476 SCA CONSULTING GROUP PAGE 03 The meeting wrapped up around 6:45 l'M with one last request from the audience. In summary it was a good meeting. They expressed ihEir appreciation and a desire to have a secotad neighborhood meeting, prior to the public hearins, with the developer snd City staff in attet~dsince. 1 to.td the audience the appiicantJdeveloper would be happy to meet with them again but that I could not speak on behalf of the City. I did promise to contact the City and make the request. I contacted the City on Thursday, Dtcembcr 4~' to ittako the request u~t tliC Z"d a.~Cigl,lwrlwtxl meeting. City staff was going to consider it and get back to me on their position. As of this date, 1 have n.ot heard back from the City. .END O)± MEETING 12/15/2003 14:57 360-493-2476 SCA CONSULTING GROUP PAGE 01 f'.O. Box 3485 I-aC2y, Washington 98509-3485 i ~ 4200 6"' Avenue SE, Suite 301 (360)493-6002 (360)493-2476 FAX onault ng ~roup fAX TO:Grant Beck, Sr. Planner City of Yelm FAX NO: 360-4583144 FAX fRUM: Steven L. Chamberlain RE: 360-493-2476 AGENCY PRO]ECT NUMBER: PROJGGT NAMr: Yelm Terra FAX SGA PROJECT NUMBER: 03008 DATE: December 15, 2003 NUMBER Of PACES: 3 inc. Cover ^ A rtaRp COQ wtLt. 9E MAILED. ®A r1AR0 COPY MILL NOT BE MAILCD. REMARKS: Meeting minutes for December 3, 2003 Neighborhood meeting for your records. TRANSMirrEO sr: SLC/njt cc: TtliS ~aCSlmne may cantam conndfnnJ4 prrvuC9CQ rt1fOr1'napOP ~~LenoeO Oniy for the maivitluai or entity to whom tt is aJUressctl. Dv nit read, copy or dissern~ndtc t11~5 ~nrOrmaL~On unle~S You are the addressee (or the person reSpOniible fOr Oel~vering it). tf you have received this wmmuniC~t~On m error, please return the orlgmal comrnuni[BGon Yo SCA COnSU~bng Group via the postal service. Mailing cOSts will b0 reimbursed. Thank you. 11/17/2003 14:31 360-493-2476 SCA CONSULTING GROUP PAGE 01 PRESS RE~.EASE The public is invited to an. informal informational meeting regarding the ~roposed subdivision of Yelm Terra, a 97' l.ot single-fa-nily subdivision located aloi~~, 105' Ave. SE and south'of the Parkview neighborhood. The ~7 lots include two acres ul open space, recreational amenities, trails, sidewalks and street iightin.g. Th;e .project complies with the Cxrowth Management Act, the Yelm Comprehensive Land 1;1se Plan and Zoning Code. Ali land use anal environmental requirennents set forth per applicable State and local laws will be met or exceeded. To learn. more about the project elements, you are invited to an informat~on~l meeting on Decelxaber 3, 2003 i;rom 5:30-6:30 PM at the Prairie Hotel (701 Prairie Park Lane). Please RSVP at (360) 493-6002. ~/~7" 1 '~~~. ~ teoFxo: •\~•` ~~0,/r OIIfTMC e•.C ^CC IWW~ew.iK GYC~11~Ih) DOMgE,A IRDQ ' /\ ! 0 eV9• .~• '1s' D «..a O oeMUtQITAL DPOhnls m(F I •! .,7... ei U n s •s •a q ~=' :,=QT TREEY eo • .,_,. Man ~ .. 31 1~ I,.ar rOr= N . H ~ !1 I se ee e v cG e! '~ ~ e3 Be ~ D' S• d ,,''I. .. .. :yid; G ,':,. !! e ~ A U ~~,,.~ .. ..... ...a, ., ..... „~~~.. . , .. :::~. ........ ........ r ,...... ~ ~~ .,..;.. x ' et G '4 ,1. W. li~, ~~ I t3 r: ~ to m ,e ,! fe I' ,3 ,• rs n I I r2 ,0 e h ~ p 6 a 3 II ~ ' ,. , .,,. . .. ..w ' ... .. ., i :. MI a . ......... ~o.5.i~... AvE se....... . e I~Q <~... ~:. S'LATF hit ~F ~ Fa..,~ ~ y ',v "~ S 6 :)i 1 ~' _ r ~~ by iaae STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47775 • Olympia, Washington 98504-777.5 • (360) 407-6300 November 6, 2003 Ms. Tami Merriman City of Yelm PO Box 479 Yelm, WA 98597 Dear Ms. Merriman: Your address is in the Nisqually ~~~ watershed Thank you for the opportunity to comment on the notice of application for the Yelm Terra Preliminary Plat (Case No. SUB-03-8353-YL). We reviewed the notice of application and have no comments at this time. Please, however, ensure that Ecology is included on the mailing list for the SEPA decision. The SEPA decision can be mailed to: WA Department of Ecology Environmental Review Division PO Box 47703 Olympia, WA 98504-7703 Sincerely, Jeri Berube Administrative Coordinator JB:aw (Yelm Terra Preliminary Plat) cc: Helen Pressley, SEA Yelm Terra LLC (Applicant) i~ November 5, 2003 Steve Chamberlain SCA Consulting Group P.O. Box 3485 Lacey, WA 98509-3485 Re: Yelm Terra Traffic Impact Study Dear Steve: The Community Development Department has reviewed the Traffic Impact Study submitted for the preliminary subdivision of Yelm Terra, located on 105th Street in Yelm. The Department has the following comments and questions which need to be addressed in an updated study prior to issuance of a SEPA threshold determination. • The study does not discuss how access to Mill Road by traffic generated by the subdivision is going to be restricted. Alternatives for accomplishing this need to be discussed as part of the study. • The proposed one-way ingress (southbound only) from the subdivision to 3`d Street is not consistent with the City's Development Guidelines and is not acceptable mitigation for traffic impacts to 3`d Street. • The traffic facilities charge is based on peak PM trips of 1.01 per dwelling unit, which is 757.50 per lot, with a credit of 757.50 for the existing house on the property. - • As discussed in the scoping meeting, the intersections of Mosman and 3`d and 3`d and Yelm Avenue need to be analyzed as part of the study, particularly since the entrance to the subdivision from 3`d Street can not be one-way. • The study used a different traffic distribution than was provided by the City at the scoping meeting, probably due to the recommendation that 3`d Street be one- way. • The level of service at the intersection of 1St Avenue and Yelm Avenue is currently F, not D as noted in the study. This needs to be corrected or the difference explained in the study. (.360) d.58-383:, (360) 158-31 /~~ I'AX u+wm.ci.yelm.u~rs.us • It unclear in the study whether the future LOS calculation assumes the projects listed in the six-year traffic improvement plan have been completed. • The study, which is required to be prepared by a licensed engineer, is not stamped nor is the author, other than the name of the firm, identified. If you have any questions about the additional information required to continue the review process, please don't hesitate to contact the Department at (360) 458-3825. grant Beck, Director Department of Community Development c. Transportation Engineering Northwest, LLC 16625 Redmond Way, Suite M PMB 323 Redmond, WA 98052 ~ ~~~ November 5, 2003 Page 2 of 2 November 3, 2003 Tami Merriman Community Development Dept. P. O. Box 479 Yelm, WA 98597 RE: Yelm Terra Preliminary Plat Dear Ms. Merriman: NOV 0 4 7~ ~' The comments provided below address the impacts the Yelm Terra subdivision, as proposed, will have on the community. The developer of Yelm Terra subdivision. proposes to provide inadequate access to and from the development. All egress traffic is propvsed to be onto 105`i' Way. Even worse, the developer proposes to close 105`1i Way where it accesses Mill Road. This «rill direct all the subdivision traffic as well as traffic generated by the current residents on 105`h Way to one point: the intersection of 1.05`'' Way and Clark Road. The traffic report provided for this proposal did not adequately address the impact this will have to the residents on 105`h Wa_y, particularly to those with driveways within 350 feet of the stop sign. Tra.1~c from the development has a strong potential of blocking two driveways serving four residences during morning peak hour traffic. The driveway closest to the stop sign is only 60 feet away from this intersection. and will. be the one most affected. Closing 105`h Way will. also impact the public who use this road to bypass the stagnant tratiic on Yelm Avenue. Peak hour traffic is so bad in the downtown. area now that it takes about I S minutes to get from the Yelm Avenue/Clark Road intersection to the high. school. People often take 105`h Way to bypass this congestion. The City of Yelm must not allow the developer to ignore his responsibilities to provide adequate ingress/egress at the site, and to not harm neighboring properties. To mitigate the traffic impact for this development, the developer must purchase property adjacent to 105d' Way near Mill Road to widen the road at this end, and open 3rd Street to two-way traffic. Yelm City Code Section 1 b.16.090 states, "7he layout of streets shall provide for continuation of streets ~xis~in~ in adjoining subdivisions." Allowing the developer to proceed with. the subdivision. as proposed will be in violation of this code as well as Code Sections 1.6.16.1.10 and 16.16.120, which do not allow for dead end streets greater than 600 feet, or extend 660 feet without including a provision for at least one intersection.. The City's Comprehensive Plan also demands that 105"' remain open at both ends and that 3rd Street be developed for two-way traffic as provided in Section B of the Transportation Element, as follows: The objective of the Tratasportation Plan is to provide a cost-effective ~zetwork to accomtyaodate travel in and arouyld tlae core ar°ea. 1'o accomplish dais objective, Yelm will actiuely pursue: 1. f1 connected-stf°eets policy to prolrote the eff"icient ~lou~ of traffic within the comtrturrity. 2. A series of connected arterials which will permit traffic to bypass the urban core if it is merely passing tliroz.~~12, to reduce congestion in the central core. The City of Yelm must take into consideration the fact that the large-acreage properties to the south of the proposed subdivision. are in Yelm's Urban Growth. Boundary and will be annexed into the City in a few years. Land costs will increase tremendously and many of these property owners will be forced to, ar desire to subdivide their own properties. If the Yelm Terra's preliminary plat is not conditioned to mitigate the traffic impacts it will have on Clark Road and 1051}' Way, i~t will unfairly require a later developer or the taxpayers to mitigate the problems created by the developer of Yelm Terra. The City would be very short sighted if it allowed the developer to minimize his expenses by closing the Mill Road end of 105th Way. This avenue of travel will be increasingly needed by the public as more housing developments are built. It will. also help to relieve the traffic backups through downtown Yelm until a new bypass road is constructed, which may be many years from now. As this subdivision will be adding a large number of vehicles to 1051}1 Way, the developer should be required to fix the dangerous condition that exists at the intersection of 105tH Way and Clark Road. A high embankment on the northwest corner of the intersection blocks drivers' views of southbound traffic on Clark Road. Vehicles entering onto Clark Road from 105`h Way must drive their vehicle almost to the center line of Clark Koad before they can. see approaching southbound traffic. Vehicles regularly travel at high rates of speed on Clark Rd and with the extra traffic resulting from the new subdivision, a fatality accident is imminent. The traffic study provided by Transportation Engineering Northwest, was totally inadequate in showing the significant, negative impacts that will be imposed on the community if they are allowed to develop without improving both ends of 105th Way and 3r`' Street. In addition to staying silent about the impacts closing 1O5t1 Way will have to the public and residents who use lOS~h Way, the transportation engineering firm collected data for the traffic study during the summer when school was not in session. Summer traffic in Yelm flows far smoother than when school is in session. Much of that is because the high. school. and middle school. are on Yelm. Highway/Avenue. During the school year, school buses and parents driving their kids to and from. school. slow traffic. When buses stop to pick up or drop off children, they holdup traffic in both directions far several minutes each time. High school kids driving to school significantly increase the delay time for traffic on Yelm Avenue. Currently, driving from. the Clark: Rd!Yehn Ave intersection to the high school at 7:00 a.m. during a school day takes 10 minutes due to the stop and crawl traffic. During the off-peak time, it takes 3 three minutes to travel this same distance. You da not have to be traffic engineer to know that that delay time is far higher than 37.6 seconds as indicated in Table 2 of the transportation. report. To many of us who travel this route each work. day, Yelm Avenue is already considered to be at a level. of service "F". Adding such a large number of homes to this area and taking away access to Mi11 Road from 105`x' will result in a very significant negative impact to Yelm Avenue between Clark and l ~t Street. If l 05`x' Way is open to two lanes where it meets Mill Road, there will be far less impact to Yelm Avenue. Another impact the proposal will have that was not addressed by the traffic study is the additional time it will take the fire department located on Mill Road, to get to emergencies on IOSih Way. l would think the City would be doing all they could to reduce the time it takes to reach an emergency rather than increase that time. Accuracy of other areas of the traffic study is also questionable. The traffic report indicated the speed limit on l st Street is 35 mph within the city limits. That is incorrect. The correct speed limit is 25 mph. on this section. of road. The traffic engineer also reports the posted speed limits on Clark Rd and 105`h Way are 25 mph. This is also incorrect. 'The posted limits are 35 mph. I do not know ifs these errors contribute to distorting the analysis of the study but if they do, the study should be thrown out and completed by an impartial. transportation engineering firm. One is led to believe that if they aren't willing to take the time to find out the speed limits posted for the roads on which they are reporting, they are also not taking the time to provide a sound analysis of existing conditions and projected impacts to the traffic levels. 1 hope City staff and the hearing examiner will. see that a new traffic study is required by an impartial transportation engineering firm. The new traffic study should take into consideration how to mitigate the negative impacts to existing residents on I05~` Way, and how to mitigate the delay time created by emergency service vehicles who must travel. further distances to residences on 105t1i Way when it is closed. The only feasible solutions to mitigate the negative impas;t to the neighboring property owners and the public who use 105`h Way as a through. road is for the City to condemn property near Mill Road on lOSt}' Way and widen the road to City of Yelm standards. The developer should be required to compensate the owners of the condemned property. Additional)}r, the road to the north proposed to be open only for intness to the subdivision but closed to egress traffic should be widened to allow both ingress and egress traffic. If that is not feasible, another road from the north side of the subdivision should be opened for egress only. One possibility is an extension of I04`'' Ave from Mill Road to the subdivision. Sufficient access from the subdivision on roads other than 105`t' Way would provide some relief from traffic impacts to 105`}' Way and Clark Road. There are three other issues that the SEPA Threshold Determination should mitigate. The first is construction noise. The developer should be limited to working no earlier than 7 a.m. and na later than 5 p.m. on weekdays. No work should take place on weekends to maintain the peace of residents near the site. A second issue that should be addressed is the impact to privacy that is currently enjoyed by the subdivision's neighbors. A six- foot-high fence should be constructed around the development to provide some privacy and hopefully dim some of the noise generated by 97 families. In keeping with the intentions of SEPA, the developer should provide access to Cochrane Park. The subdivision is adjacent to the park and a path. or trail should be constructed for use by the public who live nearby, including those outside the subdivision. I hope that the Cite and the Hearing Examiner will take these coi~nments into account and see that the developer's proposal will create a negative impact to those residents who live on l OSr'' Wa_y and Clark Road, and will further impact future development by eliminating or restricting access to roadways when. more roadtivays are needed to permit traffic to bypass congested areas. Please place me on your mailing list to receive the f~nvironmental Threshold Determination, Notice of Public Hearing, and .Nance of Final Decision. Sincere y, Q~- Kelly an Elizabeth Jorgenson 15939 1O5t1i Way SE Yelm, WA 98597 ~ ~~~~~~ ,~ ~; ~~ y l< ~. S~d3 ~vs~~~~St-= ~ ~ !.~ w ~0 4 ~.~ ~ 7 .~ J -, ~~L ~~ ~ '~~. • °~~,~ ~7 id0~l 0 41003 rwL P a. 9 (,~clr~ , ~~a , ~t s597 4 ~ ~"",~ ` ~-~ , `~UIP~ -03-X5353-'~~. ~ C Yh ~X /05~ ~L n r~~ , a~ ~, n~ io5^~ ~Y~,.~ ~' `1~~ ,X66 `~. °h ~" ~u cue .Pant, ~c,1a c~r~r~~ct. `~ ~rncU~,rt to ~u ~ ' ~ +~ i~ ~ lac, c+.~,+m~ -tlu ~~v~'r~t , ~v'~ w a~/aad~ , t~6 ~.cz dau~~~~~t ~,t~c /u~l, wua ~e-~d 9~.~~r~uaG~,, a ~,c~,~-- ~;~ hauc aGaoG~ ~to ~e~d , ~o /u~~ ant ,@a~nt, ~fn~C~4 ~l~nl ~J d,~'n~ fp G~2C. d~l "~ ~( ~D b~ " " 0 1, ~Q ~2U~l~j ~ ~P R`J~s U ~, ~ 0 u~~ ) (I v ~~~~rn~ ~ ~, G~ a~rixtCi~t un2~~vo ~n~ ~t„~-~ fee ~~ ~ ~`l~ YELM COMMUNITY SCHOOL, Where all students can learn and grotiv Erling Birkland Director of Facilities ~~ ,.- ~ ~~, ~ ~ ~~, F 0 GT 2 7 2003 October 24, 2003 Mr. Grant Beck Community Development Director City of Yelm PO Box 479 Yelm, Washington 98597 RE: SUB-03-8353YL Dear Mr. Grant: Yelm Community Schools requires Mitigation Agreements for all subdivisions. Please include the Mitigation provision as part of the SEPA requirements. Should you have any questions please call me at 4586128. Sincerely, __ .~,, r ~. E i g M. Birkland ,,/f Facilities Director Yelm Community Schools YELM COMMLiNITY SCHOOLS IS AN EQUAL OPPORTUNITY EMPLOYER AND FOLLOWS TITLE IX REQUIREMENTS. 404 Yelm Avenue West, P. O. Box 476, Yelm, Washington 98597, (360) 458-6128, FAX (360) 458-6434 ~~~ ~H~ ~ City of Yelm ~~ Community Development Department P.O. Box 479 z Yelm, WA 98597 '~~~~~ y~":~~_ (360) 458-3835 t; 3'Et~L (360) 458-3144 FAX Memorandum To: SPRC From: Roberta Allen, Administrative Assistant Date: October 22, 2003 Re: SUB-03-8353-YL -Project Review Schedule for Yelm Terra Attached is the application packet for the above referenced project. After your initial review of the inform~.~ion submitted, if you need additional information from the applicant, please let me know as soon as possible. The following is the tentative review schedule for the project. October 22, 2003 -Notice of Application distributed -begin 15 day comment period. November 12, 2003 -SPRC Environmental Review. Department comments/mitigation requirements for Environmental Review. November 19, 2003 -Environmental Determination issued by Planning Department. Begin 14 day comment period followed by 7 day appeal period. December 10 & 17, 2003 -SPRC project review. Department comments/conditions of approval for staff report. December 10, 2003 -Environmental Determination appeal time expired. December 22, 2003 -Public Hearing Notice to Paper/Mailing/Post site. December 26, 2003 -Complete Staff report for public hearing. January b, 2004 -Public Hearing in front of Hearing Examiner January 16, 2004 - Hearinr? Examiner Decision R:`Project Files\SUI3 Full Plat Subdivision'.gi53 Ydm Terra',Proj Rev Date Memo.doc CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3835 NOTICE OF APPLICATION Mailed on: October 22, 2003 PROJECT NAME AND LOCATION: Yelm Terra Preliminary Plat Approximately 24 Acres on 105th Avenue SE, Between Mill Road and Clark Road LAND USE CASE: SUB-03-8353-YL An application submitted by Yelm Terra LLC, 4200 6th Ave. SE. Suite 301, Lacey, WA 98503, for the above referenced project was received by the City of Yelm on October 10, 2003. The City has determined the application to be complete on October 22, 2003. The application and any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: The project proposal is to subdivide 24.25 acres into 97 single-family residential lots. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: An Environmental Checklist, Traffic Impact Analysis, and Preliminary Stormwater Report, was submitted with the application. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm WA 98597, 360- 458-3835. THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON NOVEMBER 6, 2003 This notice has been provided to appropriate local and state agencies, and property owners within 300 feet of the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there will be a 14-day public comment period if an environmental determination is issued. Opportunities for appeal occur within twenty one (21) days after the date the environmental determination is issued. City Council decision can be appealed through Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final Decision. N ~N~ a ~ N-~ ~ m Epn ~ A u V >~ g~i o& . ~'r~ ~$ 9~ _k ~8 ~g i U N a - _ -- N ~ ~ ~ - ~ I_ ~ , {i ~ u I r~-- ~ ti ~~ ;~ o u ~, ~, ~, i m m l i N i , , , 1 ` I i o ~ m ~ m i u ~ ~ ~ i m i .\ \ --- ~ i i e k-'- i --"~,- ' u , „'i S i ~ ~. r.l ~ i i ~ . ~ , ~ . , ~ o ti r: ~~ ; , , . - N ~ - ,~ ~~ ~- - ~ - o ~i ~ , N u I I ~ , iN ~ ~ ~ o t P ~ U ~ ~ ,, ~ ~ r m m , ~ , ;: l Ia ~ m i~ i o ~ a , ~ s:f ~ ~~ - ~ ~: ~ ~ ', ~ I ~ u r ~~ j, : ,, ~ i ~ . I u ~ ~ ~ /~ u I ~~L ~ ' / /i ~ I i J I r ~// ' /~/ ~~ ~ ~ *~~ ~~ i ~ i / o /i / ~,. I' / ~ ~ i / /i ___ _J`I _.. ~_ ~ - - ... _ CLARK RD. SE _.. _.. . ~ix~vaX~' 8m~pzg^ >~~a ~ ~ sago s~~ S o gsga~` n _,`t yg, <~ ~ ~ ~;g~ g ,_ ..,-~ o~$~^~ ~ s~ ~ ~: ;,t my m .~ ;.~ ~~ ~~ r®~ ~- ~ ~~ ~~ ~~ ® I~r ~. Lam/ Not to Scale Transportation .Figure 1 Yelm Terra Plat Engineering Vicinity Map Yelm, Washington Northwest, LLC ~~~.,s,