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Project Rev & CorrespondenceCity of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Rick Christensen From: Tami Merriman, Assistant Planner Date: June 10, 2005 Re: SPR-03-8356-YL, Christensen's Furniture Recorded Documents Enclosed please find the recorded documents (Agreement, Utility Easement, Floodplain Management Easement, Bill of Sale -Sewer System) for Case Number SPR-03-8356-YL, Christensen's Furniture, for the construction of an 11,000 sq. ft. commercial building intended for a retail furniture store. If you have any questions, please call me at (360) 458-8496. Tami Merriman I:\SPR Site Plan Review\8356 Christiansen's Furniture see also sho8357\dist final rec docs memo.doc eturn Address ity of Yelm ami 1\'Ierriman O Box 479 'elm. WA 9R597 Document title(s) (or transactions contained therein): 1. Agreement Wain-er of Protest and Special Power of Attorney (LID/LTLID/Latecomer) ~, -, ~. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Christensen. Richard Grantee(s) (Last name, first name, middle initial) 1. The Cit}' of Yelm Legal Description (abbre~•iated: i.e. lot, block, plat or section, to~i•nship, range) Lots, Block 34, McKenna Irragated Tracts. as recorded in Volume 9 of Plats, Page 43 Assessor's Property Tax ParceUAccount Number: 64303400501 & 6430340002 a A .- 3 N N .« ~ V O Q1 0 p '+ 0 0 ~ N ~ N ~ ~ N L ~mn , ~ao~ m m ~~ m a ~~ o ~ o. c ~~ J W LL O } ~~ F- - M U IIIIII VIII IIIIII III VIII IIIIIII IIIIII III VIII IIII IIII 05125 15 005 03521P I VIII VIII I Page 567of 5 (IIII III VIII S IIIIIIIIIIII 0_/2_!200 IIII VIII IIII IIII 5 Q3 21 P CITY OF YELM MISC $19.00 Thurston Co. Wa. CITY OF YELM AGR $23.00 Thurston Co. Wa. AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/ULID/LATECOMER) THIS INSTRUMENT is entered into this 23rd day of May , 2005, by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the "CITY," and Richard Christensen, hereinafter referred to as the "OWNER." WITNESSETH: WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington: A portion of NE'/4 of the NW'/4 of Section 29, Township 17Nm Range 2 E W.M., a 3 Tax Assessors parcel #64303400501 . ~; ~- ~ V O m N o O N y N ~ 61 ~ L ~ ~ N 3 fr+! d o ~ ~~ m ~~ m and WHEREAS, the CITY has required as a condition of approval of the OWNER's site plan/subdivision for said property that the OWNER participate in the ~ "~ construction of certain utilities and/or street improvements as they directly relate to said property and the OWNER desires that said requirement be delayed until projects are ~ a formulated for the joint participation of other affected owners. NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows: ~_ ~~ J 1. The CITY will delay its requirement for the immediate participation by the OWNER in the construction of certain utilities and/or street improvements, subject to = o ~~ CITY OF YELM ~~ v 1:1SPR Site Plan Review\8356 Christiansen's Furniture see also sho8357WgreementWaiverProtest.doc Page 1 IIIIII VIII IIIIII III VIII IIIIIII IIIIII III VIII III) IIII Os 9e /5000 0~52~P Page 507of 75 IIIIIIIIIIIIIII 05/ / III III II II IIII 25 2005 0.. 21 P IIIIIIIIIIII IIIIIIIIII CITY OF YELM MISC $19.00 Thurston Co. Wa. CITY OF YELM RGR $23.00 Thurston Co. lJa. the conditions set forth hereinafter. 2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners: Sanitary sewer system improvements; Water system improvements; X Storm water system improvements; X Street improvements; X Street lighting improvements; X Sidewalk improvements; X Type II and Type III Landscaping; which improvements are more specifically described as follows: Completion of 106th Avenue, and SR 507 improvements as required in the land use aNj.,rv'vai fvr Ciiji of ~r ciiil %dSt; it SPR-UJ-OJSn-T L. 3. The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described in Section 2 herein. For purposes of this Instrument, "rights of protest" shall mean only those formal rights to protest contained within the LID, ULID or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right to object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved. 4. The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described hereinabove, to accomplish the following: At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described hereinabove, to execute a Petition on behalf of the OWNER for the creation of such LID, ULID or Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated. This Special Power of Attorney shall not be affected by the disability of the OWNER. CITY OF YELM I:\SPR Site Plan Review\8356 Christiansen's Furniture see also sho83571AgreementWaiverProtest.doc Page 2 IIIIIIIIIIIIM1'IIIIIII~IIIIIIIIIIIVIIIIIIIIIIIIIIIIII °~e;N';~,°,. Illll~llillll!IIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIII a A 3 N ~ m w ~ V O „, ~ r') 0 0 N r ~ N L r, ~, ~ , M a o ~ m m .~ ;~ a °a -_ -_ __ E ~~ W o ~ N V 3734507 Page: 3 of 5 05/25/2005 03 21P Thurston Co. Wa. the conditions set forth hereinafter. 2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners: Sanitary sewer system improvements; Water system improvements; X Storm water system improvements; X Street improvements; X Street lighting improvements; X Sidewalk improvements; which improvements are more specifically described as follows: Completion of 106th Avenue, and SR 507 improvements. 3. The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described in Section 2 herein. For purposes of this Instrument, "rights of protest" shall mean only those formal rights to protest contained within the LID, ULID or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right to object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved. 4. The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described hereinabove, to accomplish the following: At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described hereinabove, to execute a Petition on behalf of the OWNER for the creation of such LID, ULID or Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated. This Special Power of Attorney shall not be affected by the disability of the OWNER. a m ~- 3 ~ N ~o w~~ o ~, ~~ o 0 ~ N ~ N a W N L ~,~,~ , ctrl a~ o ~ ~ m m m - :~ a o a W ~ LL o } ~~ ~ M U CITY OF YELM 1~1SPR Site Plan Review\8356 Christiansen's Furniture see also sho83571AgreementWaiverProtest.doc Page 2 III IIII 3734508 IIIIIIIIIIIIIIIIIIII 0525•/2005 03521P Page:507of 5 IIIIII IIIII IIIIII III IIIII II I IIIIII IIIII IIIIII II / IIIIIIIIIIIIIII OS 25/2005 031P III III IIIII IIIIII 2 CITY OF YELM MISC $19.00 Thurston Co. Wa• CITY OF YELM RGR $23.00 Thurston Co. Wa. 5. If the OWNER fails to perform in good faith in accordance with this Instrument, it is agreed that the CITY may discontinue utility service to the property described herein, after giving 20 days notice thereof and an opportunity for hearing thereon, or may pursue other equitable or legal remedies. a '~ 3 N M o a- ~ V O p ~ °o 0 ~ N ra Y7 ~ N ~ M d O H m m m ~.. ~~ 'A a ~ o .~ a -_ ~~ ~. W } ~~ LL ~~ O ~~ } ~~ F- - M v 6. The OWNER hereby declares that 121u~rn-~~ Cols j s~3 y~ is/are the sole owner(s) of the property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney. 7. This Instrument constitutes a covenant running with the land and shall be finding on all heirs, assigns, transferees, and successors in interest. purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and AyICCIIICIIt tIICICI.IIIUCI, iile eiieci.ive Term of ibis instrument shaii be a period olfifteen years from the date such an Ordinance and Agreement becomes effective. 8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the effective term of this Instrument shall be a period of ten years from the date hereof. For IN WITNESS WHEREOF the parties hereto have caused this Instrument to be execuay and year first hereinabove written. ministrator STATE OF WASHINGTON ) SS. COUNTY OF~u~~,,,.~ ) OWNER ~ i .~ ' -- l'~ On thisa_~ay of ~ , 20~~, personally appeared before me 1~~ C_ha~,~. C~~~~~~ to me known to be the individual(s) a d/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that ~ signed the same ash., S free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. 4 ~0 /. F '~ ~ ~ ~~ ~ ~~"~~ ~~. ~ ~~~ ~ f~~~ Notary Public in and for the State of Washington, residing at ~~~~ C~ ~; _- _ ~" i _•,: _.~„ `~Fi•~ yr}-Y1J`.;7~'ty_ My commission expires: % / t4 I O ~" CITY OF YELM I:\SPR Site Plan Review\8356 Christiansen's Furniture see also sho8357\AgreementWaiverProtest.doc Page 3 IIIIII VIII IIIIII III VIII IIIIIII IIIIII III VIII IIII IIII osge,50os 0352tP Page 507of S IIIIIII III IIIIIIIIII (IIIIIIII IIIIIIII IIIIIIII (IIIIIIII 05/25/2 I 005 03 21P CITY OF YELM MISC $19.00 Thurston Co. lJa. CITY OF YELM AGR $23.00 Thurston Co. Wa. Thurston County Treasurer eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Real Estate ExciseTaxpaid j.~ ~ ~~ By ~`_tc.~_`r~rJ u-Deputy Document title(s) (or transactions contained therein): 1. Bill of Sale -Sewer System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Christensen, Richard 2. Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lots, Block 34, McKenna Irragated Tracts, as recorded in Volume 9 of Plats, Page 43 Assessor's Property Tax ParceUAccount Number: 64303400501 & 64303400502 IIIIh IIII111111III VIII Ilnll1111111III VIII IIII III) os zs 50os 03321 P $21.00 Thurston Co. Wa. BILL OF SALE THIS BILL OF SALE is made and executed this 23`d day of May, 2005, by and between Richard Christensen, hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated in Thurston County, State of Washington, TO WIT: The S.T.E.P. system service lateral from the tank to the sewer main, tank, pump and pump controls lying within the following described easement area: Lot 5, Block 34, McKenna Irragated Tracts, as recorded in Volume 9 of Plats, Page 43. Excepting therefrom the west 387.20 feet. Excepting also the south 10.00 feet for Secondary State Highway No. 5-H. And excepting also that portion conveyed to the State of Washington by deed recorded April 15, 1985 under Auditor's File No. 8504150149. The grantor(s) hereby warrants that he/she/they are the sole owner(s) of all the property above conveyed, he/she/they have the full power to convey the same, and that he/she/they will defend the title of said grantee against any and all persons lawfully making claims thereto. Dated at Yelm, Washington, this 23rd day of May, 2005. ~ r2. ~ . Richard Christensen 3734505 IIII IIII IIII O5 2 5./ 2005 03321 P II IIIIIII III I IIIIIIIIIIIII IIIIIIIIIIIIII III CITY OF YELM MISC $21.00 Thurston Co. Wa. STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day personally appeared before me Richard Christensen to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. G1~(~N under my hand and official seal this 23rd day of May, 2005. ~•~ ~~~ ct _ MERE ~~a .~ S a ~ ~, ~ o , _ • ~,'s (~ NOTARY UBLIC in and for the State of :_~ r`; , ; ; Washington, residing at Eatonville ~~~ `~~ "~~x ~~~-_-- . Accepted by the G~ity of Yelm, Washington, thi~2 ~ ay, 2005. STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) Director of Pt~bti~k~' C~4uN~~ C~r~-}- ~~. ~~c On this day personally appeared before me T~--I?e#s~see to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. `~~~ i ,~ ~I tinder my hand and official seal this 23rd day of May, 2005. ' `' ~ J NOTARY PUBLIC in and for the State of '~, ~,.°°., ,~ ~ ' ° Washington, residing at Eatonville ~~ ,~-" IIIIIII Pag 4505of 3 VIII I IIIIIIII IIIIIIIII 1111111 IIIIII VIII 0512 ! III IIII 5 2005 CITY OF YELM 03.21P MISC $21.00 Thurston Co. Wa. Thurston County Treasures' eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Real Estate Excise Tax paid ~ ~ ~~ J gy '~j ~ ~ ~_Deputy Document title(s) (or transactions contained therein): 1. Utility Easement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Christensen, Richard 2. Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lots, Block 34, McKenna Irragated Tracts, as recorded in Volume 9 of Plats, Page 43 Assessors Property Tax ParceVAccount Number: 64303400501 & 64303400502 III 3734506 I III IIIII IIII I o5 2 5.12005 ©3321 P IIIIIIIIIIIII IIIIIIIIIIIIIIII IIIIIIIII CITY OF YELM EAS $21.00 Thurston Co. Wa. UTILITY EASEMENT THIS INDENTURE, made this 23`d day of May, 2005, between Richard Christensen, hereinafter called Grantor, and the CITY OF YELM, a municipal corporation, hereinafter called Grantee, WITNESSETH: For good and valuable consideration receipt of which is hereby acknowledged, the Grantor hereby grants and conveys to the Grantee, its successors and assigns a perpetual easement for operation, maintenance and repair of septic tanks, pump chambers, pressure sewer connection lines and pump electrical services, over, under, upon and through that certain real property situate and being in the County of Thurston, State of Washington, more particularly described as follows, to-wit: Lot 5, Block 34, McKenna Irragated Tracts, as recorded in Volume 9 of Plats, Page 43. Excepting therefrom the west 387.20 feet. Excepting also the south 10.00 feet for Secondary State Highway No. 5-H. And excepting also that portion conveyed to the State of Washington by deed recorded April 15, 1985 under Auditor's File No. 8504150149. The permanent rights herein granted to the Grantee shall continue in force until such time as the Grantee, its successors or assigns, shall permanently abandon the same and upon such removal or abandonment, all rights hereby granted shall terminate. IN WITNESS WHEREOF, this instrument has been executed the day and year first above written. ,. ~, y~ ~, ~ tom- _-...W~ Richard Christensen IIIIII VIII IIIIII II Page 506of 3 IIIIIIIIIIIIIIII 0512512 III III VIII IIII ©©5 ©3.2, P IIII CITY OF YELM EAS $21.00 Thurston Co. Wa. STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day personally appeared before me Richard Christensen to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. r my hand and official seal this 23rd day of May, 2005. ~~ ~„ ~~~~ ~~- .•~ ;C? .n: :~ ,_, s,; p! .:, e~ ~1t4fH~>{'+ NOTARY PUBLIC in and for the State of Washington, residing at Eatonville Accepted by the City of Yelm, Washington, th May, 2005. STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) Director of s C~-~l.uN ~ 1~~ C~~ ~~t~ On this day personally appeared before me m~~-°~°~^ to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. ..~~~~N under my hand and official seal this 23rd day of May, 2005. 1 ~. _.. =' ~~~p ~ r~•'"~~v.`tf'FTI.~$~~~Sj ~ fit', t/ G/ /'~~~ ,~' 'li1~L:1~ "~~.,......~ ' ~~~; ~ NOTARY BLIC in and for the State of ~,~~~ ~ ~ Washington, residing at Eatonville I IIIIII VIII IIIIII II Page 506of 3 IIIIIIIIIIIIIIIII Q5/25f2o©5 II III VIII IIII IIII 03.21P CITY OF YELM EAS $21.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Thurston County Treasurer Real Estate Excise Tax paid ~~~ By ~' ~ ~ ~~ ~,L,( [,( Deputy Document title(s) (or transactions contained therein): 1. Floodplain Management Easement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Christensen, Richard 2. Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lots, Block 34, McKenna Irragated Tracts, as recorded in Volume 9 of Plats, Page 43 Assessors Property Tax ParceUAccount Number: 64303400501 & 64303400502 IIIIII VIII IIIIII III VIII IIIIII 3734510 IIIIII III VIII IIII IIII o5g 5/2005 03321P CITY OF YELM EAS $21.00 Thurston Co. Wa. FLOODPLAIN MANAGEMENT EASEMENT THIS INDENTURE, made this 23rd day of May, 2005, between Richard Christensen, hereinafter called Grantor, and the CITY OF YELM, a municipal corporation, hereinafter called Grantee, WITNESSETH: For good and valuable consideration receipt of which is hereby acknowledged, the Grantor hereby grants and conveys to the Grantee, its successors and assigns a perpetual easement for maintenance, enahancement, public access, and other municipal purposes the area of the 100 year floodplain as identified through the City of Yelm's site plan review approval number SPR- 03-8356-YL over, under, upon and through the certain real property situate and being in the County of Thurston, State of Washington, more particularly described as follows, to-wit: Lot 5, Block 34, McKenna Irragated Tracts, as recorded in Volume 9 of Plats, Page 43. Excepting therefrom the west 387.20 feet. Excepting also the south 10.00 feet for Secondary State Highway No. 5-H. And excepting also that portion conveyed to the State of Washington by deed recorded April 15, 1985 under Auditor's File No. 8504150149. The permanent rights herein granted to the Grantee shall continue in force until such time as the Grantee, its successors or assigns, shall permanently abandon the same and upon such removal or abandonment, all rights hereby granted shall terminate. IN WITNESS WHEREOF, this instrument has been executed the day and year first above written. ..- ~,,- Richard Christensen II (IIII IIIIIII IIIIII III VIII IIII IIII os ze 5 ©os 03321 P IIIIIIIIIIIIIIIIII CITY OF YELM EAS $21.00 Thurston Co. Wa. STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day personally appeared before me Richard Christensen to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. G~~(F~~;der my hand and official seal this 23rd day of May, 2005. .. ~ ~ ; u ~..~.. ~,; ; NO ARY P BLIC in and for the State of ~~~~_tt~ Washington, residing at Eatonville -~~'. '~ ~~~~ ~, ~, Accepted by the City of Yelm, Washington, this 22~~ay of May, 2005. of Community Development STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day personally appeared before me Grant Beck to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. ,s~a~ sMER',~`~,1 ~ ~ q~440. v~"+~J;as .~ sc~ _..~x vi: ~'iJ$11C ~' _ ' my hand and official seal this 23rd day of May, 2005. G NOTARY PIyBLIC in and for the State of Washington, residing at Eatonville IIIIII VIII IIIIII III VIII IIIIIII IIIIII III VIII IIII IIII 051125 ~ 005 03321 P CITY OF YELM EAS $21.00 Thurston Co. Wa. City of Yelm Community Development Department Invoice No. CDD-04-0112 INVOICE - - Customer Name Rick Christensen Address P.O. Box 189 City Eatonville Phone State WA ZIP 98328 _ _ _ ----- Hrs _ Description 55 ~ Engineer Review Fees 1 Water Latecomer Fee TPN 64303400502 1 Water Latecomer Fee TPN 64303400501 rayment ueiaus O Cash O Check O Unit Price TOTAL $54.00 $2,970.00 $3,895.96 $3,895.96 $9,613.09 ! $9,613.09 SubTotal ___ ___$16,479.05 Shipping & Hand-ing i, $0.00 Taxes WA TOTAL I $16,479.05 _- --- Office Use Only ~' ~~ City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 Date 12/14/2004 Order No. Christensen Rep Furniture FOB SPR-03-8356 THANK YOU l ~ ~~ I vw': ;,; Vv.\C_.~~b Ci 1 V V CITY OF YELM PO Box 479 Yelm WA 98597 458-3244 OFFICIAL USE ONLY Fee Date Received Sy File No. ~~~ ~ JZ,~ c~ ~ ~ 1 -. S~~;t- , s-(; ~~ll; ~1 ___----~ ~ S ~ ~, APPLICATION FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT Fee: $500.00 (In addition, any professional service charges per Resolution No. 358.) TO THE APPLICANT: This is an application for substantial development as authorized by the Shoreline Management Act of 1971. It is suggested that you check with appropriate local, state, or federal officials to determine whether your project falls within any other permit systems. ~ I NAME OF APPLICANT: ~ G ,~J.+z "- - O~//`~- '`'~,?~J"°''r `~` MAILING ADDRESS: ~~~ ~-~ ~-~~~'' E>/~1 /L` ~ ~ `~`~ ~ ~='~~ ~ RELATION OF APPLICANT TO PROPERTY (Specify Relationship) ^ Owner ^ Purchaser ^ Lessee ^ Other NAME AND ADDRESS OF OWNER, IF OTHER THAN APPLICANT GENERAL LOCATION 0 P _Pf~SED~ pRpJEC (Ple a list se tion to the nearest quarter section township and range) ..~ ~t./ ' //i ~ /7/. G~', ~ $ ~ : tom-, ~ ~"CcJ {? ~c 'yL~ /`fir: r ~ ..~. f ° i2'1. u - NAME OF WATER Af~A AN IOR WETLANDS WITHIN WHICH DEVELOPMENT IS PROPOSED n i- C CURRENT USE OF THE PROPERTY WITH EXISTING IMPROVEMENTS ~ r1i'~'r•a ~~' f PROPOSED USE OF PROPERTY (Please be specific) C ~~~~17f~/~ ~u' ~`3 s (To be completed by local official.) Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type oibeach, such as accretion, erosion, high bank, !ow bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any) G:~Web Contcnt community dcvclopment`.ShorclincApp.doc 8i01 (To be completed by local official.) In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and po#ential, that will have an obstructed view. (To be completed by local official.) If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought. PROJECT DIAGRAMS: Draw all site plans and maps to scale, clearly indicating scale on lower right-hand comer and attach them to the application. (A) SITE PLAN. Include on the plan: (1) Site boundary. (2) Property dimensions'in vicinity of project. (3) Ordinary high-water mark. (4) Typical cross section or cross sections showing: (I) Existing ground elevations. (II) Proposed ground elevation. (III) Height of existing structures. (IV) Height of proposed structures. (5) Where appropriate, proposed land contours using five-foot intervals in water area and ten-foot intervals on areas landward of ordinary high-water mark, if development involves grading, cutting, filling or other alteration of land contours. (fi) Show dimensions and locations of existing structures that will be maintained. (7) Show dimensions and locations of proposed structures. (8) Identify source, composition, and volume of fill material. (9) Identify composition and volume of any extracted materials, and identify proposed area. (10) Location of proposed utilities, such as sewer, septic tanks and drain fields, water, gas, electricity. (11) - If the development proposes septic tanks, does proposed development comply with local health and state regulations? (12) ... Shoreline designation according to master program. (13) Show which areas are shorelines and which are shorelines of statewide significance. (B) VICINITY MAP. (1) Indicate site location using natural points of reference (roads, state highways, prominent land marks, etc.) (2) If the development involves the removal of any soils by dredging or otherwise, please identify the proposed disposal site on the map. If the disposal site is beyond the confines of the vicinity map, provide another vicinity map showing the precise location of the disposal site and its distance to the nearest city or town. (3) Give a brief narrative description of the general nature of the improvements and land use within one thousand feet in all directions from development site. (i.e., residential to the north, commercial to the south, etc.) G:~Wcb Contcnftcommunity dcvclopmcnt\ShorelincApp.doc 8101 PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY ~ lain. ~~ r, c~~ - 1. Does the design minimize conflicts with neighboring land uses. Exp 2. Is the site within 300 felt of any "critical areas" such as wetlands or streams? ~~~5 y.~.~~ C~i.-K' -!~ 3. What provisio swill be made for storm water and/or flood control? .5 T~-'~ ~ ~~-~-~ l~`~" 4. What provisions will be made for water supply and sewage disposal? ~~ ~y ~1 ~~-~-~~~ ~ ~ 5. What provisions, will b/~ made f. r electrical power, natural gas, telephone and other utilities? F ~y ~'/ Lr~J1 6. What provisions will be made for streets, access, and/or buses? C -~ r;7 S ~~' . ~ 7. What provisions, if any, will be made for open space and/or recreation? ~~~ ~ 8. What provisions will be made for schools and school children? /1-'''n `~ I affirm that all answers, statements and information above 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 application. I agree to pay all fees of the city that apply to this application. Si ned ~c.~z~ Date 9 ~~~ aF THE P~ j ~`~ ~~ ~E Llbi WASHINGTON CITI( ®F YELL PO Box 479 Yelm WA 98597 360-458-3244 APPLICA~'ION FOR Site Plan Review OFFICIAL USE ONLY Fee Date Received By File No SH-~~--03 -x'357- /~ Site Plan Fee: Mobile Home Parks: $250.00 plus $50.00 per mobile home space Multi-Family Building/Condominium: $350.00 plus $50.00 per unit Commercial Site Plan: $350.00 plus $50.00 per 1000 sq. ft of gross floor area Industrial Site Plan: $350.00 plus $150 per acre (!n addition, any professional service charges per Resolution #358) Site plan review is a process for reviewing the design of certain types of development. -Site plan approval is required for mobile home parks, duplexes, multi-family dwellings, commercial and industrial uses, tanned develo ment districts anc;Lfor all land uses within the central business district. NAME OF PROJECT ~~'lO~f ~ ~ ~ /'r%~ -~~~ l APPLICANT %%`~ ~ ~~rs ~/ s-y-~ Mailing Address /!5 ~S ~/~-~-: ~ ~-~ ~-C'/-~ City, State and Zip ~='~ ~~>~%//-~ /~~s ~ ~~% z Telephone ,3 ~ ~ - ~ -~ ~ _ ~ ~% % Y OWNER ~~~-;~ J Mailing Address City, State and Zip . Telephone ENGINEER/ARCHITECT/OTHER ,~ ~ <~__ .~~ ~ ~ ~ ~/IL ~'v% s ~ ~ f ~'.~5 Mailing Address ~ /~~ i°~~~' ~-~ ~% /~'~~ ~ ~~ /3- z-- City, State and Zip U ~.~r.~7 ~~~1 `%~ ~ "` ` !/!~' - Telephone_ 3 c ~~ - ~~s~ - ~ Ys`G SUMMARY OF REQUEST PROPERTY DESCRIPTION General Location Site Address j (y(~~u i-~.~`{ S~~ 7 ~_z.---Land Area acres) C , ~z Section- Z~ ToNmship % ~ Range ~F r ~ Assessor's Tax Parcel Number E~ ~/ 3 c ~ `~~~-'S ~' / E ~/ 3 c> 3 ~1oc>Soz Full legal description of subject property (attach separate sheet if necessary) U iw~`~`'2 Apr~15~ 2004 11~~9AN1 JWM&A No~191J P~ I w~~~ Jerome W. Morrissette & Associates Inc., P.S, t y00 Cooper Point Road SW, i!B•2. Olympia, WA 98502-1110 (360)352-9x56 / FAX (360)352-9990 FAX TRANSMISSION SHEET FILE NO 03148 DATE: April 15, 2004 TO: Tami Merriman FROM: Terry Weeks Fax No. (360) 458-3144 Number of pages: 2 (including cover) If you do not receive all of the pages, please contact us at (360) 352-9456. Re: SPR-03-8356-YL COMMENTS: I have revised the site plan to allow for landscape buffer requirements. If you could take a quick look at this and let me know if Phase I me®ts code requirements, I would greatly appreciate it, Thanks. Thanks, Terry Weeks Engineering Technician II 1700 Cooper Pt. Rd. SW #B-2 Olympia, Wa. 98502 Ph 360.352.9456 Fax 360.352.9990 Cc Richard Christensen t 1~ ~,.~ .{ zZ.' ~+-~ X15 ~' ~ ~. ~ ~~ ~~ C,~~ C~ '<~L°~c -vim ~ C~~, S ~ -~~~, ~- ~~ ~~ ~d~~~ c.n ~ ~L,L ~~~~v~ LR t ~~-"~-~--tip Civi! /Municipal / Qeotechnicaf EngineBrlnq 8nd Planning `/ I ~~~ -'S_ zy _~._ ~2c~v Apr~lS~ 2004 11~59AM JWM&A W, ~l ~~ 0 R v No~191) P~ 2 ~ ' Pl~ON1 .~ ~~~ vJ 'ts dJ ~ `r . N ¢ ¢ O ~ N } Z ~ i ^ p~, OC\ ~ CU ~ o a i Y . v ~ a N ~ !/J ~ m ~ ~ °' ~ m m ~ ~ a i a ~ ... -o v \ N \ ` , m °"~' a~ ` ~ ~ > ~ --~V Ul` V N W } fn~ ~ y ¢ /~ [0 ~ N N ~ ~ N N a ~ -°' ~ (~J E~ ~ ~ c° o E m o E U N a-~ A N C O y Q y N "~ p ,~ C ~-~pL~ a (d N Q +' N N ~~ ,,,J N ~ j ~ d C '~ N lb d ~ y ` ~ y CJ N E'~Eccv~c ~ ~ y 'Q' N C Q V~ y ~ .~ . ~~ ` N y w ».. ~ 3y m ~ • ~ L r ~ a ¢ v J O E C +t+ f0 O ' _m U sr+ C p h i Y r - '~' V V C U O a ~l0 U I N i u'S °' ci ^~^ a~~~~ f-T ~ ~ N _~ ~ U d°~ c ~"'q~u ~ [7 V } N O Q" '' ~~' ~', ~, ~' ul O 0 ' 0 o, 0 m o 0 N z d O N V _~ Z E ~ ` Z y m ~ _v c N 0 N 0 N N 0 a U G1 C 7 U .~ 0 O O N y 7 ~I a' M lQi a .~ a - ~ o .~ ~ ~ ti C~ ai °~ o m~ z U ~~-~ a. o~ as iia~a w U w ~: J H w Q ("' w Z • x 0 .~ - c . ~ n~~ N Z .._. ~_ ~ ... c vi N ~ O C7 ~' ~ ti ~ ~ N ~! Q N c ~1 Q ~ O ~`v °, ~ a ~ ~ a ~ W ~ _~ L ~ ' v/ 1..~ •M~ 7~~3 1~1~ ~0~5 1448 798 $ y~ ~ m m ~~t ~ 0 3 m m° 3 c m3 0 2. m ;0 3~ ~ -'~r~ pe ~ A c~2 m c~ n c m `\y~['r' ~' ~/ • N m ~~ lD G~ A ~1 ~ ~p~' 0 ~ ~~ ~ ~ ~I ;~ ~~ ~_ _ ~ C ~~ m ~ G~ m ~~ April 8, 2004 Richard Christensen, Jr. 1 1915 Clear Lake Road S Eatonville, WA 98328 RE: Christensen's Furniture Project, Shoreline Substantial Development Permit and Site Plan Review, SHO-0308357-YL, and SPR-03-8356-YL Dear Appellants: Transmitted herewith is the Report and Decision of the City of Yelm Hearing Examiner relating to the above-entitled matter. Very truly yours, ~~ H NK.CAUSSE X,J . Hearing Examiner SKC/ca cc: Parties of Record CITY OF YELM City of Yelm 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: March 10, 2004 Subject: Christensen's Furniture Project, Shoreline Substantial Development Permit and Site Plan Review, SHO-03-8357-YL, and SPR-03-8356-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: Richard Christensen Jr. 11915 Clear Lake Road S Eatonville, WA 98328 Agent: Jerome W. Morrissette 8~ Associates., P.S. 1700 Cooper Pt. Road SW #B-2 Olympia, WA 98502-1110 Background: The applicant has applied for a Shoreline Substantial Development permit, and Site Plan Review to construct an 11,000 sq. ft. retail building, associated parking, and stormwater treatment facilities. The applicant is preparing for future development on the site, which may include additional retail facilities and their associated parking facilities. The project lies within 200-feet of Yelm Creek, a shoreline of the state. Notice of application for this project was mailed to interested parties, and property owners within 300 feet of the site on December 31, 2003. The City performed an environmental review, and issued a Mitigated Determination of Nonsignificance on February 9, 2004, with a comment deadline on February 24, 2004, and appeal deadline of March 2, 2004. Notice of the public hearing was posted on site, and mailed to interested parties and property owners within 300 feet on March 10, 2004, and published in the Nisqually Valley News on March 12, 2004. The Site Plan Review Committee has considered the application for the above referenced project, and finds that as conditioned below, the proposed project is consistent with the Yelm Comprehensive Plan, the Shoreline Master Program for the Thurston Region, and all applicable City policies and development standards. Development within 200-feet of a shoreline of the state requires issuance of a shoreline substantial development permit, after a public hearing before the City of Yelm Hearing Examiner. The Hearing Examiner shall issue a decision and recommendation for the shoreline substantial development permit. Any person 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 within 10 working days after the written decision of the Hearing Examiner has been rendered. The final decision by the Hearing Examiner may be appealed to the City Council by any aggrieved person or agency of record, oral or written, that disagrees with the decision. Project Proposal: The applicant proposes to construct an 11,000 square foot retail building, parking, internal road, and stormwater retention pond. The applicant is planning for future development of the site, which may include a short subdivision for future commercial development. Project Location: The site is located on the north side of State Route 507, just east of Creek Street. The property is identified by Assessor's Tax Parcel Numbers 64303400501, and 64303400502. Property Description: The six-acre site is bordered to the east by Yelm Creek, and to the west by Rainier Commons, an approved commercial short plat. Yelm Creek is a Shoreline of the State and the site contains associated wetlands and the FEMA 100-year flood zone. Construction within 200-feet of a Shoreline of the State requires a Shoreline Substantial Development permit. A retail building in the C-1 zone requires Site Plan Review Approval. Zoning: The site is zoned C-1 Commercial, with the City of Yelm Design Guidelines Gateway overlay. Shoreline Environmental Designation: The shoreline designation of the site is Rural. Characteristics of the area: The site and surrounding property is zoned for Commercial Uses. The property to the east is the zoned C-2 Heavy Commercial. The property to the south is outside the City Limits, and zoned Thurston County Arterial Commercial. The property to the west is a commercial short subdivision, with a Chevron Gas Station and Browns Automotive Repair. Environmental Compliance: A SEPA Threshold Determination (MDNS) was made on February 9, 2003, that the proposed project has a mitigable impact on the environment. Conditions placed on this and other required permits will be mitigating conditions. The project must be in compliance with the: The Washington State Shoreline Management Act The Shoreline Master Program for the Thurston Region The City of Yelm Municipal Code, and Development Guidelines The Yelm Creek Flood Hazard Management Plan Other Permits: In addition to this permit, this proposal will require Civil Plan Approval, and a Building Permit. Future development may require a short subdivision, and additional Site Plan Review Approvals. Page 2 of 15 ANALYSIS OF THE SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT Applicable Yelm Municipal Code (YMC) Provisions: YMC 17.03.030 Interpretation and applicaton YMC 14.08 Critical Areas and Resource Lands 17.03.030 Interpretation and application. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Nothing in this title is intended to impair, annul or abrogate any easement, covenant or other agreement between parties, public or private; however, whenever the requirements of this title are at variance with the requirements of any lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the higher standards shall govern; provided further, that within the shorelines of the city, as defined in the Shoreline Management Act, the provisions of the Shoreline Management Act and the applicable sections of the shoreline master program for the Thurston Region shall govern; provided, however, that the substantive regulations of this title shall be applicable where they are more restrictive than those of the Shoreline Management Act or the applicable sections of the shoreline master program for the Thurston Region. YMC 14.08 Critical Areas and Resource Lands Critical Areas A buffer shall be required adjacent to, and outside of all wetlands. Category 1 Wetlands 100 feet. Category 11 Wetlands 75 feet Category 111 Wetlands 50 feet Category IV Wetlands 25 feet The above buffer depths maybe reduced to a minimum of 25 feet if, in the judgment of the city planner, the site analysis demonstrates that the land adjacent to the buffer is and will remain extensively vegetated, or is topographically and ecologically remote from the wetland, and that no direct or indirect adverse impact on the wetland is reasonably probable as a result of the buffer reduction. The applicant proposes to keep all construction outside of the 100-year flood plain, which encompasses the wetlands and surrounding area. The applicant will provide an erosion control plan to assure no disturbance to this area. All storm water runoff from development will be treated through an approved stormwater management plan, and not released into the flood zone area. It is the judgment of the City that the wetland area, and surrounding buffer will remain extensively vegetated, and the flood zone area creates an adequate buffer to protect the wetland area. 14.08.160 Frequently Flooded Areas: Development Guidelines. All developments must satisfy the provisions of the National Flood Insurance Program, authorized by the National Flood Insurance Act of 1968, as enacted by the state of Washington in Chapter 86.16 RCW. Chapter 86.16 RCW requires local government to regulate development in flood zone areas. The City has adopted a Flood Damage Prevention Ordinance to regulate development in food zone areas. Section 15.32.030, Methods of reducing flood loses states "In order to accomplish it purposes, this chapter includes methods and provision fora Page 3 of 15 A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities. The applicant is proposing no development, clearing or grading in the flood zone area, and will provide the City an erosion control plan to assure no damage to the flood zone area. Keeping all construction outside of the flood zone area meets and exceeds the criteria for protecting the flood zone area. Yelm Creek Comprehensive Flood Hazard Management Plan (CFHMP): The primary goal of the CFHMP is to identify and evaluate flooding problems in the Yelm Creek corridor and to develop cost-effective alternatives for the mitigation of these problems. Mission Statement: The CFHMP is a systematic process to identify and prioritize areas and property susceptible to flood damages, select alternatives to solve identified flood problems, and implement solutions. Goal: Establish and adopt a systematic and comprehensive approach to flood hazard management. Objective: Maintain consistency with the City of Yelm Comprehensive Plan, the state Growth Management Act, Shoreline Master Plan, and related policy plans, including: Appropriate public services for new developments Adequate stormwater control measures in future development Preservation of natural drainage areas, including floodplains Development codes that reflect policies on stormwater and flood hazard management. Recommended corridor-wide activities for Yelm Creek Action Plan: * Create a continuous vegetated buffer along creek * Remove fences across creek. * Storm water management regulations *Enforce City's Flood Damage Protection Ordinance *The applicant proposes no construction in the flood zone area of Yelm Creek. This will allow a continuous vegetated buffer along Yelm Creek. The applicant shall provide the City with an access easement to the creek for any creek buffer enhancement, or other creek improvement projects approved by the City. *Any fences or fence debris will be removed from the creek area. This shall be accomplished during the summer months, when water level is low, and creek bed is visible. Removal of any debris shall be completed manually, with no construction vehicles or machinery. *An approved stormwater management plan shall be approved by the City. *The Flood Damage Protection Ordinance is being enforced by no construction allowed in the flood zone area. The CFHMP evaluated several alternatives to address flood hazards. These alternatives include both structural and nonstructural measures. As funding becomes available, the City shall follow the recommendations of the CFHMP and sponsor projects to address flood hazard areas within the City. Access through private property is essential to conduct these alternatives. The applicant shall provide the City an access easement to allow for any flood hazard projects that may be approved on the creek. Page 4 of 15 Applicable Shoreline Master Program for the Thurston Region (Thurston SMP) Thurston SMP IV. Priorities: In accordance with the Shoreline Management Act of 1971, the management of Shorelines of Statewide Significance shall be given preferences to uses, in the following order of priority, which: 1. Recognize and protect the state-wide interest over local interest; 2. Preserve the natural character of the shoreline; 3. Result in long-term over short-term benefit; 4. Protect the resources and ecology of the shoreline; 5. Increase public access to publicly-owned areas of the shorelines; 6. Increase recreational opportunities for the public on the shoreline; 7. Protect life and property from hazards of flood; and 8. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. 1. Recognize and protect statewide interest over local interest. The proposed project would not be detrimental to public health, safety and welfare. The project construction area is completely outside of the flood zone area associated with the creek. The commercial use of this project will provide revenue to the state as well as locally. 2. Preserve the natural character of the shoreline. The proposal lies completely outside of the associated flood zone of the creek. The MDNS requires the applicant to provide an erosion control plan to protect the flood zone. The creek, associated wetlands, and flood zone will be left undisturbed and in their natural state. The actual buildings, parking, and stormwater retention areas will be located outside of the flood zone. 3. Result in long-term over short-term benefits. The commercial use of the property will provide long-term revenue for both the state and the city. The erosion control plan will assure protection of the creek, wetlands, and flood zone. The applicant will provide an easement to the shoreline area, for any city-sponsored projects that might result in creek and flood protection enhancement. 4. Protect the resources and ecology of the shorelines: The applicant shall provide an erosion control plan to protect the flood zone area during construction. The undisturbed flood zone area effectively protects the creek and it's associated wetlands. stormwater treatment provides for treatment of stormwater before it is released back into the ground. 5. Increase public access to publicly owned shoreline areas: The City owns a small tract of land in the center of town that has frontage on Yelm Creek. This tract of land is grassy with a picnic bench. The rest of Yelm Creek, as it passes through the City limits borders on private property. This proposed project does not increase public recreational opportunities on the shorelines in this area. 6. Increase recreational opportunities for the public on the shoreline. At this time, there is no public recreation for this shoreline, other than the park setting described above. It is the goal to leave Yelm Creek in its natural state. Page5of15 7. Protect life and property from hazards of flood. The project is proposed to be constructed outside of the flood zone area. No fill or grading of any kind will occur in the flood zone area. 8. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. The elements of RCW 90.58.100 have been met Regional Criteria: A. Public access to shorelines shall be permitted only in a manner which preserves or enhances the characteristics of the shoreline which existed prior to establishment of public access. The creek meanders along the eastern portion of this property. There is currently no public access, and no public access is proposed. The other criteria listed in this section do not apply to this development. Regional plan elements for the Rural Environment Shoreline: Economic Development Goal: This element deals with the location and design of commercial developments. Available resources should be utilized consistent with the definition and purpose of the Rural environment. New developments in a rural environment are to reflect the character of the surrounding area. This property and surrounding properties are all zoned commercial. The applicant proposes to construct all development outside of the flood zone area, and is not proposing use or access to the creek. The proposal directs all activities on the site to the areas outside of the flood zone, and the majority of development, outside of the Shoreline Jurisdiction area. The creek, associated wetlands, and flood zone areas will be protected during and after development. Public Access Goal: This element is concerned with physical access to publicly owned shores and tidelands. The intent of the goal to recognize and protect private property rights, prevent the destruction of the more fragile recreation areas, and exercise due regard for the safety of the public. The proposed project is not located on a publicly owned shoreline. The applicant proposes to protect the shoreline by keeping all construction and uses outside of the flood zone, which encompasses the associated wetlands and the creek. Circulation Goal: This element is concerned with the location of transportation, movement of people, location of waste disposal systems, and the relationship of these to the shoreline and habifat. The goal in the rural environment is to provide facilities that are necessary for local usage. The proposal keeps all vehicle access outside of the shoreline jurisdiction area. All development will be served by City water and sewer services. The stormwater retention will treat stormwater created on the site before it is released back into the ground. Page 6 of 15 Recreation Goal: This element is concerned with the preservation and expansion of recreational opportunities. The goal in the rural environment is to assure adequate water- related recreational opportunities along the shorelines, in such a way as to minimize conflicts with other rural activities. As this land and the surrounding land is zoned commercial, and the existing shoreline is in a natural and undisturbed state, creating public recreational areas could be detrimental to the creek and its habitat. Shoreline Use Goal: This element considers the pattern of land use on the shorelines. The goal in the rural environment discusses areas for intensive public use, and to avoid intrusions endangering life or property. The proposal is protecting the shoreline by leaving it undisturbed in its natural state. Conservation Goal: The goal is to have sound management in the conservation of all natural resources within the rural environment. The applicant proposes to protect the shoreline by leaving it undisturbed in its natural state. Historical and Cultural Values Goal: The goal of this element shall be to promote, protect and preserve historical, cultural, scientific, or educational values on shorelines where these values are acknowledged. At this time, there are no known historical or cultural values for Yelm Creek, however, protection of the creek in its natural state is provided by this development. Restoration: This goal is to restore to a useful or original condition those areas which are blighted by present uses, discontinued uses and dilapidate or abandoned structures. The creek and its adjacent shorelines have been undisturbed for many years. There are no structure or uses located on the shoreline at this time. Thurston SMP Policies: Commercial Development Policies that apply: New commercial developments on shorelines should be encouraged to locate in those areas wifh existing commercial uses. Surrounding uses and zoning are commercial. Parking facilities should be placed inland, away from the immediate waters edge. Parking areas located inland from the Shoreline Jurisdiction area. Commercial development should be discouraged within the 100-year flood plain. All development on this site is located outside of the 100-year flood plain. Page 7 of 15 Regulation for Commercial Development in the Rural Environment: (1) The site is designed in a manner to allow substantial numbers of people access to and enjoyment of the shoreline (2) The use does not discourage public enjoyment of the shoreline due to impacts such as traffic, noise, and other emissions. As a sensitive stream and wetland, Yelm Creek does not provide traditional "waterfront" amenities and access opportunities. (3) Structures must be set back fifty (50) feet from the ordinary high water mark. All structures and infrastructure are located more than fifty (50) from the ordinary high water mark. (4) Commercial structures shall not exceed thirty-five (35) feet in height. Structures proposes are less than thirty-five (35) feet in height. ANALYSIS OF SITE PLAN REVIEW APPROVAL Transportation Yelm is a small compact community most directly affected by two state highways, which bisect the community. The highways are used by local residents for transportation throughout the city, and for access to commercial and residential areas throughout the community. In lieu of widening existing streets, the City has elected to create certain alternatives, Y-1, Y-2, Y-3, which will avoid the need to significantly widen existing streets, and particularly Yelm Avenue. New developments do in fact burden the city's central streets, and unless the alternate routes are accomplished, the City would have to require developers to pay the cost of the internal street widening. The city plans show, and the City finds that adequate facilities will be accomplished better and in a timely fashion by the alternate route facilities as a substitute for the widening of existing facilities. As a result, the City finds that the regional plans in fact benefit projects in all areas of the City and will accomplish the goal of providing adequate facilities to City standards within a reasonable time to serve the demands created by the proposed project. The City has adopted a Transportation Facility Charge (TFC) of $750.00 per pm peak trip. The Ordinance provides a default table that is used to determine new pm trips generated by the proposed use. The applicant has proposed a furniture store, and miscellaneous retail uses yet to be determined. The TFC charges for the furniture store are due and payable at building permit issuance, and are based on square footage. The TFC charges for the miscellaneous retail uses shall be based on the use and square footage, at the time of tenant improvement. The following formula will be used to determine the TFC charge at the time of tenant improvement; New Trip Generation Rate x gross floor area _ 1,000 x $750. A furniture store creates .23 new pm peak hour trips per 1,000 sq. ft. The trip generation rate for the other retail will be determined at tenant improvement. Street frontage improvements are required as part of Site Plan Review and approval. The property is located on State Route 507, and a portion of the road frontage falls in the 100-year Flood Zone area. Frontage improvements for SR 507 are classified as "Urban Arterial". The site is adjacent to Yelm Creek. SR 507 has a bridge over Yelm Creek. It was determined that the frontage improvements for this project shall not include improvements to the SR 507 bridge. The required improvements for the amount of road leading to the bridge that falls in the 100- Page 8 of 15 year flood zone shall be deferred until such time as the SR 507 bridge is required to be improved. Proposed ingress and egress to the site is located on SR 507, and through a connection to 106th Street. 106th Street was not constructed to City standards. The connection to this street shall be reviewed at Civil Plan Review to assure connection requirements. The internal street shall be classified as "Local Access Commercial" Yelm Development Guidelines provides guidance for placement of driveway accesses into commercial developments. The number of access points and their location, sight distance, and traffic flow are of major concern on Yelm Avenue. Water Supply 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 place - e.g. award of a grant, a binding letter commitment for third party funding, or the successful formation of a local improvement district. Any necessary water rights are considered, only after approved for municipal use by the Washington State Department of Ecology, or appropriate appeals board, and the time for appeal or challenge has expired. There is currently an existing water line located in the right-of-way on SR 507. There is a latecomers agreement recorded for connection to this water line. A latecomers fee is required for connection. A water service line shall be installed in the right-of-way of the new internal street, to serve this building, and future development at the site. The retail building is proposing multiple uses, which will create different water demands. Water connection fees are based on water usage of 240 gallons of water consumption per day. This 240 gallons is referred to as an Equivalent Residential Unit. The City of Yelm is dedicated to providing the best quality water possible to its consumers. Section 246-290-490, Washington Administrative Code, requires that the City take measures to ensure that contamination does not occur as a result of cross contamination. Sewer System 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 Page 9 of 15 place - e.g. award of a grant, a binding letter commitment for third party funding, or the successful formation of a local improvement district. The property has been assessed a total of 4 ERU's from a Local Improvement District. The hook up fee of $2,694 per an ERU (fee subject to change) is payable at time of building permit issuance. This fee is in addition to the LID assessment of $1,823.15/ERU, which is paid on an annual basis for 15 years. The additional sewer ERU's (equivalent residential units) not related to the LID are based on discharge of 240 gallons per day and are charged at a current rate of $5,269.00/ERU payable at building permit issuance. Storm Water Impervious surfaces create stormwater runoff. Uncontrolled and untreated stormwater runoff can create health and safety hazards. YMC requires all development to comply with the City stormwater Manual. The manual states that projects creating over 5,000 sq. ft. of impervious surface must control and treat stormwater runoff. stormwater facilities require continued maintenance to ensure they remain in proper working condition. Parking The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code address parking regulations from many aspects, including, but not limited to; design, number of stalls required, pedestrian pathways, and safety. The requirements of off-street parking and loading facilities and their design shall be regarded as the minimum; however, the owner, developer or operator of the premises for which the parking facilities are intended shall be responsible for providing adequate amounts and arrangement of space for the particular premises even though such space or its arrangement is in excess of the minimum set forth. Yelm Municipal Code Section 17.72.050 Mixed Occupancies states "In the case of two or more uses in the same building, the total requirements for off-street parking facilities shall be the sum of the requirements for the several uses computed separately. The minimum parking requirements for retail establishments is 1 stall per 250 sq. ft. of gross floor area. The total number of parking stalls required for the furniture store, and other retail in the 11,000 sq. ft. building is 44. Yelm Municipal Code Section 17.72.060 Off Street Loading states, "Off-street loading shall be required for all commercial establishments which are engaged in the retailing or wholesaling of merchandise requiring regular delivery such as food retailers, lumber yards, hardware stores and the like." The number of off street loading spaces required is determined by total gross floor area. The Americans with Disabilities Act (ADA) requires handicap accessible stalls. For parking lots with 26 - 50 stalls, the requirement for ADA stalls is at minimum 2 ADA stalls, with at least one of the stalls Van Accessible. Page 10 of 15 Design Guidelines The City of Yelm has adopted Design Guidelines for projects located in Yelm's Commercial Zones. These guidelines determine specific requirements for development. These include site planning, pedestrian access, parking, building design and site landscaping. The applicant has submitted plans that reflect these specific requirements, including the layout and location of parking areas, siting service areas, human scale building design, and landscaping. Safe pedestrian access is a main goal in the design guidelines. The applicant must provide for adequate pedestrian access to and throughout the development. Fire Fire protection to the buildings must be provided per the Uniform Fire Code. Requirements for installation of fire hydrants will be determined in civil plan review. The Uniform Building Code (UBC) provides occupancy ratings for different types of uses. The fire coverage for the commercial use must meet UBC requirements. Landscaping 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. YMC, Chapter 17.80 requires all development to provide on site landscaping. Type II landscaping is intended to provide visual separation of uses from streets, and visual separation of compatible uses so as to soften the appearance of streets, parking areas, and building elevation. This landscaping is used around the perimeter of a site, and adjacent to buildings. The applicant is proposing a phased development on this site. The Type II landscaping shall be applied to each site as development phases occur. Type III landscaping is intended to provide visual relief where clear sight is desired. This landscaping is utilized along pedestrian corridors and walks for separation of pedestrians from streets and parking areas. The Type III landscaping shall be applied with road improvements. This includes the interior road. Type IV landscaping is intended to provide visual relief and shade in parking areas. Type V landscaping is required in storm water retention areas, if required. Refuse: The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code provides guidance for refuse storage and screening. Page 11 of 15 RECOMENDATION Staff recommends approval of this Substantial Development and Site Plan Review permit with conditions. The staff recommendation is based on the findings and conclusions contained within this permit application and the following Conditions of Approval: As conditioned below, the project as proposed meets the minimum requirements of the City of Yelm development regulations, and the Shoreline Master Program for the Thurston Region. Conditions of Approval: 1. The applicant shall provide an easement to the City of Yelm for access to Yelm Creek. 2. The applicant shall provide an erosion control plan, approved by the City of Yelm to protect the flood zone area during and after construction. 3. The applicant shall mitigate traffic impacts to the transportation system. Mitigation includes payment of the Transportation Facility Charge (TFC). The TFC charge for shall be based on use and square footage. TFC charges for the furniture store shall be based on .23 trips per 1,000 sq. ft, and shall be payable at the time of building permit issuance. The miscellaneous retail use TFC charges shall be determined and payable at the time of tenant improvement permit. 4. The applicant shall make on-site and frontage improvements consistent with City standards. Improvements for SR 507 shall be consistent with the City of Yelm Development Guidelines for "Urban Arterial", and shall be installed from the western property line east to the 100-year flood zone area. The remaining improvements shall be deferred. 5. Construction details and improvements to State Route 507 must be reviewed and approved by Washington Department of Transportation. 6. Ingress and egress to the site is located on SR 507, and shall be a limited access to allow vehicles a "right-in/right-out" only. The access shall be designed to prevent vehicles traveling east on SR 507 from turning left into the site. 7. The applicant shall construct an internal road, connecting 106th Street through the development to SR 507. This internal road shall be constructed to "Local Access Commercial" standards, and dedicated to the City as a public street. 8. The applicant shall connect to the City water system. The cost to connect shall include a fee of $1,500.00 per Equivalent Residential Unit (each ERU equals 240 gallons of water consumption per day, fee subject to change.). The applicant shall provide proposed water usage calculations to the Community Development Department for review and approval, to determine the number of gallons of daily use. 9. The waterline shall be extended from SR 507 thru the internal access road, to connect at 106th Ave. SE. The applicant shall provide for future development water connections to this line. Page 12 of 15 10. The applicant shall pay a Latecomers fee in the amount of $3,895.96 for tax parcel number 64303400502 and $9,613.09 for tax parcel number 64303400501. 11. The applicant shall meet all conditions for cross connection control as required in section 246-290-490 WAC. 12. The applicant shall connect to the City S.T.E.P. sewer system. The cost to connect shall include a fee of $2,694.00 for the four (4) ERU under the LID, and $5,269.00 per ERU (each ERU equals 240 gallons of water consumption per day, fee subject to change) for the remaining connections required. The number of ERU's required will be determined by approved water consumption calculations. 13. Upon completion of the on site S.T.E.P. sewer installation as per the City's Development Guidelines, the S.T.E.P. sewer equipment, appurtenances and lines shall be deeded to the City, and an easement provided for maintenance. 14. The applicant shall provide for a grease trap(s) sufficient to accommodate all proposed uses, which shall be maintained by the property owner or tenant. 15. The applicant shall design and construct all stormwater facilities in accordance with the DOE Manual, as adopted by the City of Yelm. Best Management Practices are required during construction. 16. The applicant shall provide the City with an erosion control plan that protects the flood zone area during and after construction. 17. The applicant shall create a paved parking area, meeting the City of Yelm Development Guideline standards, with a minimum of 44 parking stalls, 2 of which shall be ADA compliant. 18. Off-street loading area must accommodate a vehicle 45 feet in length, 12 feet in width, and 14 feet in height. 19. Parking lot landscaping shall be required per YMC 17.80, Yelm Development Guidelines, and Yelm Design Guidelines. 20. The applicant must provide for pedestrian access to and throughout the development. ADA approved pedestrian access from the sidewalk to the building is required. On-site pedestrian circulation must be employed as future development on the site occurs. 21. Applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 22. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. 23. Applicant shall provide for Type II landscape buffer along the perimeter of phase I of the development. This includes a 5-foot landscape strip adjacent to the building. As phased development occurs on the site, appropriate landscaping shall be required. Page 13 of 15 24. Type III landscaping shall be required on road improvements to SR 507, and the interior street through the development. 25. Type IV landscaping is required in parking areas. As phased development occurs on the site, appropriate parking lot landscaping shall be required. 26. Type V landscaping is required in stormwater facilities, incorporating on site landscaping concepts. 27. Applicant shall submit landscape plan with civil plan submission. 28. The applicant must provide for refuse storage. Refuse container screening shall be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six-feet in height with a gate enclosure. The fence shall be a solid material such as wood or masonry, and shall be designed per the City of Yelm Development guidelines. 29. No refuse container shall be permitted between a street and the front of a building. 30. Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. Conclusion: The proposed project is consistent with the SMP provisions for allowable activities in areas designated as rural. The use is consistent with the policy of RCW 90.58.020 which states: "the policy of the state is to provide for the management of the shoreline by planning for and fostering all reasonable and appropriate uses". The policy is designed to insure the development of shorelines in a manner which allows for limited reduction of rights of the public which promoting and enhancing public interest. The policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. The site does not provide public access at this time. As a sensitive stream and wetland, Yelm Creek does not provide traditional "waterfront" amenities and access opportunities. Pursuant to Chapter 15.49, Integrated Project Review Process a project, which is subject to Site Plan Approval is a Type II Permit and can be appealed to the Hearing Examiner. An appeal must be filed within 14 days of the date of this notice. Site Plan Approval is valid for 18 months from the date of this approval. The applicant may request asix-month extension on the approval, if the request is made in writing prior to the expiration date of this approval. If you need additional information or assistance, please call the Community Development Department at (360) 458-3835. Page 14 of 15 Affected property owners may request a change in property tax valuation from the Thurston County Tax Assessor's Office. Based on the Analysis and Findings, and with the Conditions of Approval above, staff recommends that the Hearing Examiner approve SHO-03-8357-YL and SPR-03-8356-YL. Cc: Grant Beck, Community Development Director Jim Gibson, Development Services Engineer Gary Carlson, Building Official Page 15 of 15 v ,• ~'~? vv ~~. lam; ~~~~~ WASHINGT~7N C1~`Y OF YELM PO Box 479 Yelm WA 98597 360-458-3835 NOTICE OF APPLICATION Mailed on: December 31.2003 PROJECT NAME AND LOCATION: Christensen's Furniture 16628 Hwy 507 SE, Yelm, WA 98597 LAND USE CASE: SPR-03-8354-YL and SHO-03-8357-YL A Shoreline Substantial Development and Site Plan Review application submitted by Richard Christensen, 11915 Clear Lake Road S, Eatonville, WA 98328 for the above referenced project was received by the City of Yelm on October 2, 2003. The City determined the application to be complete on December 30, 2003. The application and 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 the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: The project proposal is to construct an 11,000 sq. ft. commercial building intended for a retail furniture store, and other retail space, associated parking and stormwater facilities. The project location lies within 200 feet of Yelm Creek. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: The applicant has submitted a site plan, environmental checklist, and preliminary drainage plan. 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 30-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON JANUARY 30, 2004. 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 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. MITIGATED DETERMINATION OF NONSIGNIFICANCE Proponent: Richard Christensen SEPA NO: 8356 Description of Proposal: Construction of a 11,000 square foot furniture store, with plans for future development on the site. Location of the Proposal: 16628 Hwy 507 E, Yelm, WA 98597. North side of Hwy 507, east of Creek Street. Section/Township/Range: Tax Parcel numbers 64303400501 and 64303400502, Section 29, Township 17N, Range 2E. 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: February 9, 2004 Comment Deadline: February 24, 2004 at 5:00 P.M. Appeal Deadline: March 2, 2004 at 5:00 P.M. Grant 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 February 24, 2004, at 5:00 P.M. The City of Yelm will not act on this proposal prior March 2, 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 March 2, 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, February 13, 2004 Posted in public areas: Tuesday, February 10, 2004 Copies to: All agencies/citizens on SEPA mailing list and adjacent property owners Dept. of Ecology w/checklist ATTACHMENT SEPA Case Number 8356 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 Richard Christensen) • Preliminary Storm Drainage and Erosion Control Report (dated December 2003, prepared by Jerome W. Morrissette & Associates) 2. The State Environmental Policy Act states that if the proposal consists of a series of actions that are individually exempt, but together may have a significant impact, the proposal is not exempt. In this project review, the applicant proposes future development, however at this time the additional uses are undetermined. The City can review the proposal for an overall site impact, however subsequent uses will be reviewed at time of application. 3. To adequately assess a new development traffic impact on the transportation system and level of traffic service, the Environmental Review Officer may require a traffic impact analysis (TIA). If the new development generates more than 20 vehicles in the peak direction of the peak hour on the adjacent streets and intersections, a TIA is required. The furniture store does not create this minimum amount of traffic, and is not required to provide a TIA, however subsequent development will. In order to avoid piecemeal development review, at the time that future development occurs and triggers a TIA, the furniture store shall be included in the review and any required improvements. 4. 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. 5. Yelm Development Guidelines provides guidance for placement of driveway accesses into commercial developments. The number of access points and sight distance are of major concern on Yelm Avenue. 6. Chapter 15.40 concurrency Management provides for mitigation measures for impacts to the City's transportation system. Chapter 15.40.020(5)(a) states that "The project makes on-site, and frontage improvements, consistent with City standard for utilities, curbs, gutters, sidewalks, bicycle lanes where appropriate, and roads necessary to serve the proposed project consistent with safety and public interest. Frontage improvements are usually required for the entire property frontage. 7. The project site is located adjacent to Yelm Creek, which is classified a Shoreline of the State, with a Rural designation. Yelm Creek has associated wetlands and flood hazard areas. Chapter 14 YMC establishes criteria for construction in or near flood hazard areas, and establishes buffers for the protection of wetlands. 8. SR 507 East a small bridge over Yelm Creek. It was determined that the frontage improvements for this project shall not include improvements to this bridge, and the amount of road leading to the bridge within the 100 year flood plain shall be deferred. 9. The City Development Guidelines provides guidance for erosion control plans. Construction of this project must not disturb the flood zone area. An erosion control plan report must be submitted to and approved by the City of Yelm prior to any land clearing on the site. 10. The City of Yelm's Yelm Creek Flood Hazard Management Plan lists several alternatives to help ease the flooding problems on all areas of Yelm Creek. Some of the alternatives require restorative projects, and removing barriers such as fences and rip-rap that may impede water flow. Projects such as these would require access to the creek from or through private property, including this parcel. Mitigation Measures 1. The developer 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 a furniture store, which creates .23 new PM peak hour trips per 1,000 sq. ft. For an 11,000 sq. ft. furniture store, the TFC charge is $1,897.50 and is payable at time of building permit. 2. At this time a TIA is not warranted. However as future development occurs on the site, a TIA shall be required when the total peak hour trips, including the furniture store, are over 20. The TIA shall address traffic impacts to include this project. 3. The developer shall complete the following transportation improvements: a. Frontage improvements for SR 507 shall be constructed per the "Urban Arterial" standard, and shall be constructed from the west property line, up to the east property line, where it meets the 100 year flood plain. One commercial driveway entrance with a "right-in/right-out only, shall be allowed onto SR 507. b. The developer shall sign a "Waiver of Protest" to defer the frontage improvements along the property from the shoreline jurisdiction line, to the east property line. c. An internal street, constructed per the "Local Access CommerciaP' detail, shall be constructed to connect the entrance from Hwy 507 to 106th Ave. SE. 4. The developer shall provide the City with an Erosion Control Plan to assure protection of the flood zone and wetland areas. 5. The developer shall provide a "blanket easement" over the flood zone area to the City of Yelm for City sponsored stream or restoration projects. ~~ ~-- ~'~~ r; ~~. sTN~~ ~~ L~r'~s~8~'~~~d~~~ DEPARTi'v1Ef~~T OE ECOLOGY v. 0. vox -?; ~ ~ S o ~iyn~pia, :h`ashin~ion 98~L~~-iii ~ ;36fl) -Ffli-63flfl Febntary 20,,2004 Mr. Grant Beck Conuntimity Development Director City of Yelm 105 Yeh1i Avenue West Yelm, WA 98597 Dear Mr. Beck: -, ~ ~ B 2 ~ 2004 Your address is in the -! watershed Thank you for the opportunity to comment on the mitigated determination of nonsignificance for the Christensen Project (SEPA #8356) located at 16628 Highway 507 East Yehn, as proposed by Richard Christensen. We reviewed the environmental checklist and have the following comments: Any discharge of sediment-laden nuzoff 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 sail 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 Yelm Creel: and associated wetlands or cause water nuality degradation of state waters. The o«~~ner 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 storm sewer, must apply for coverage under Ecology's General Permit for Stonnwater Dischar~~es 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 stormwater from such sites without a permit is a violation of federal and state la«~ and you will be subject to enforcement action by the Department of Ecolo~~_v or through third party lawsuits. :`~ stol-il~water pet-]lilt appllCatlon fOrl)l, rt:it:Il~Cd 10 ~1S a ;~~Ol1Cl: Of llllellt, CQiI be Obt~Uned by callin~~ Ecology's Stormwatcr Raiuest L.inc (36O> 407-7156 or Linda Matlock at (360) 4t)7- ~~;° 647. Applicants are encouraged to submit completed forms and publish public notices more than 38 days prior to the plamled start of constnlction to avoid delays to the project. If you have any questions or would like to respond to these continents, please call Roberta Woods (~i'ater Qualit~•) at (360) 407-6296. Sincerely, ~_--_ f L; ~ ~ , _~~ . Jeri Bentbe Admiiustrative Coordinator JB: smb (G4-08G7) cc: Roberta Woods, WQ Linda Matlock, WQ Richard Christensen (Applicant) City of Yelm ~~ Community Development Department 105 Yelm Avenue West P.O. Box 479 "` ~~ Yelm, WA 98597 YEL1Vt WASNINCTON NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, March 22, 2004, 9:00 a.m. PLACE: Yelm Public Works, 901 Rhoton Road, Yelm WA PURPOSE: Public Hearing to receive comments regarding the application for a shoreline substantial development permit to construct an 11,000 sq. ft. retail building, associated parking, and stormwater retention adjacent to Yelm Creek. Case #SHO-03-8357-YL APPLICANT: Richard Christensen PROJECT LOCATION: 16628 SR 507 SE, Yelm, WA 98597 The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the application for a shoreline substantial development permit to construct an 11,000 sq. ft. retail building adjacent to Yelm Creek. The Hearing Examiner will make a decision on the matter within 10 days after the hearing. Testimony may be given at the hearing, or through written comments on the proposal, received by the close of the public hearing on Monday, March 22, 2004. Such written comments may be submitted to the City of Yelm at the address shown above, or mailed to the City ofi Yelm Community Development Department,. PO Box 479, Yelm WA 98597. 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 ~, Agnes Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, March 12, 2004 Mailed to Adjacent Property Owners and Posted in Public Places: March 10, 2004. ~asn~ -isn-.t~ ~.~ r~nx tr nar. c i. vv(tn. rra. ur+ ~. ~ ~ .' ; _ '' \C! ^t / '-.i \ ~J - I'7~< ~-l.der~~, J!G~/l_CJU~ /CJrG1:6G /t/~/ ~~~~g~~~~~ m ~~--IQo~~o D ~~~~{~~eo r- . ~ o~ a~Z~ ~~~G a o~ ~ w p =aa ~*I~~ ~ z c~ ~ m ~ C7 c oanc~zo4 ~7 v z-+.{~m-tea ~ r°,~ZV,o°~c~D O Z ttm~~o=~N~~ Z o ~z om 8 ~ ~ ~ w O N - ~ ~~ v' ~ r0 T. 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J; • E I ~ E - e - `<~ _ ~_~ _ E, ~ ~ ,~ ~',E E _ ~ - ~ ,~E- -E- E E 1s' E ~'11aao'E _ E ~E ~ E E E ~ ~~ __ F,-~ E E E E ~ ~ 'x _II I ~ ~ 9oow'2z'E 4~.ee' `. .~ P W `x~ F O w 0 rn O I i I I 4' ~7M'Oi WAY S7REE7 I I ~ I ~I rn I I ~ I _ !" l ~ ~ I m I I ~~ - I `~P, ~ ~. ° ~ ~ ~ o zzo.le} ----s~------------- ,~' ~' a~ ~~ Qt' rya' YET ,14L WASHI N Ol-ON CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3835 NOTICE OF APPLICATION Mailed on: December 31, 2003 PROJECT NAME AND LOCATION: Christensen's Furniture 16628 Hwy 507 SE, Yelm, WA 98597 LAND USE CASE: SPR-03-8354-YL and SHO-03-8357-YL A Shoreline Substantial Development and Site Plan Review application submitted by Richard Christensen, 11915 Clear Lake Road S, Eatonville, WA 98328 for the above referenced project was received by the City of Yelm on October 2, 2003. The City determined the application to be complete on December 30, 2003. The application and 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 the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: The project proposal is to construct an 11,000 sq. ft. commercial building intended for a retail furniture store, and other retail space, associated parking and stormwater facilities. The project location lies within 200 feet of Yelm Creek. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: The applicant has submitted a site plan, environmental checklist, and preliminary drainage plan. 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 30-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON JANUARY 30, 2004. 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 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. W Z~v/ 3 qnq c S i°~p gpg@ ~20~9p~~ S ~~ ~ ° ~ ~~ s~, o ~ ~~ ~ s9~~~~xq~ ~O~ g C ~~ W<~c^I. _ :J s < ~ S W z O V= I I°. ~ ~ ~ I ~~ i ~r ~ ~ ~ ~ I ~ ~ ~ ----- ------ 3S-1S N33a~` - - - -'- w U "~ w ~ ~~ z~ w~ I __ ~~ ~~/ ~: ~ 14 `~ ~na `~ I - ,~ _.. ~ Y. ~. ~__ i j ~ i ~ ' i ~~ m<~~ ~9~-1.~ j_i~_L ~.h j i _i ice` -~--'i i ~U } ' . ~ ' a4' ' ~ + j a ' j ~ dj 4 i . ~. t . .. ~aai S f'°gin` v~-,.r j ~ i ' ~ Sp +jv i ~ ~ j~ a ~ ~y',.y.> ' ~ i i ~ ~g ~ a ~~ j~ j i > r' ~ ~' % \ ~ ~ j ~~ j j ~~ ' i Z n Z \\~ L ~ ~I ~ ~ ~~ ~~ j ~ `i~\ `~i i~~ a ~ ,. _ --_ ______________-6 S 3dA1 ~ ~ ~ ~ -~.-4 ~ s N W ~ ~ ~ e J~ ~~ Q Q o z. JN _~~ ~0=..'~ I o' N ~ UuWi :..~ ', U ~ Q I ' ~ I ~.. ~.... .. ~. ,..~ Np I li~ s.01~ ~~~~~~~~~~~a~~~~~,~~~ll 1 s 31VM5 37tlM5 y ~{~~~ ~~ ~~ U ~ ~~ ~aa=. •~ I G I ,f ~ R i I IL I~ ~ ~ n ..~ I ~I k ~ .^ - Y i ~I, [ 3di1 ;~ - • aK. ,R.~. ~=~ ~I~ ~~ •~ I Ij~l i 1 Q I I 1 1 I 1 1 1 I I 1 I 1 1 I ~ I I i I I I I I ~, .. ' i ~~ ~ '~ ~~~ ~ C ~ . .il~ ~ lm ;;~ ~ ~, - --' ~ ~ ' I ,: I ~ II ~ i',I 3, ~ ~~ ~ -- ~~;1 I I __--- i;ll lp i r-L I I.. _. _i I I I I I ~~,,. ~ i ~ Y ~~ jI ~, ~~~ ~~1- I it .>• - .~j '{ Z I W I ~ Z aaow~ I ~ Y I ~ ~ U uJ ~ ~` Iv .lo ~r ~a ~. W . T I ~ I I ~ I ~ L I a ' a ice - ~ ~ ~ ~_ I ~ _ ~ u °~ ~ ~ ~ I _ v= _ , - ~- ~ Q I ~ ¢- ~ ~ ~ ~; ~I - ~~ I ! ~ N J ~. I 1 f_... ._ __ > CQ i tll $I i .. ~ ~~ ~^J <3 ~ .`°l~ ~ x I ' jz ~ c~ _~ gg _ ~& J g I I I I ~ ~ ~ Q S Y5 , ~ _ `----~ I ~~ a. n. t ~ i ,i ~' MITIGATED DETERMINATION OF NONSIGNIFICANCE Proponent: Richard Christensen SEPA NO: 8356 Description of Proposal: Construction of a 11,000 square foot furniture store, with plans for future development on the site. Location of the Proposal: 16628 Hwy 507 E, Yelm, WA 98597. North side of Hwy 507, east of Creek Street. Section/Township/Range: Tax Parcel numbers 64303400501 and 64303400502, Section 29, Township 17N, Range 2E. 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: February 9, 2004 Comment Deadline: February 24, 2004 at 5:00 P.M. Appeal Deadline: March 2, 2004 at 5:00 P.M. 1 ('~ ,gin ~~ ~~_ 1'~.~f ~6'l~ Grant 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 February 24, 2004, at 5:00 P.M. The City of Yelm will not act on this proposal prior March 2, 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 March 2, 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, February 13, 2004 Posted in public areas: Tuesday, February 10, 2004 Copies to: All agencies/citizens on SEPA mailing list and adjacent property owners Dept. of Ecology w/checklist ATTACHMENT SEPA Case Number 8356 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 Richard Christensen) • Preliminary Storm Drainage and Erosion Control Report (dated December 2003, prepared by Jerome W. Morrissette & Associates) 2. The State Environmental Policy Act states that if the proposal consists of a series of actions that are individually exempt, but together may have a significant impact, the proposal is not exempt. In this project review, the applicant proposes future development, however at this time the additional uses are undetermined. The City can review the proposal for an overall site impact, however subsequent uses will be reviewed at time of application. 3. To adequately assess a new development traffic impact on the transportation system and level of traffic service, the Environmental Review Officer may require a traffic impact analysis (TIA). If the new development generates more than 20 vehicles in the peak direction of the peak hour on the adjacent streets and intersections, a TIA is required. The furniture store does not create this minimum amount of traffic, and is not required to provide a TIA, however subsequent development will. In order to avoid piecemeal development review, at the time that future development occurs and triggers a TIA, the furniture store shall be included in the review and any required improvements. 4. 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. 5. Yelm Development Guidelines provides guidance for placement of driveway accesses into commercial developments. The number of access points and sight distance are of major concern on Yelm Avenue. 6. Chapter 15.40 concurrency Management provides for mitigation measures for impacts to the City's transportation system. Chapter 15.40.020(5)(a) states that "The project makes on-site, and frontage improvements, consistent with City standard for utilities, curbs, gutters, sidewalks, bicycle lanes where appropriate, and roads necessary to serve the proposed project consistent with safety and public interest. Frontage improvements are usually required for the entire property frontage. 7. The project site is located adjacent to Yelm Creek, which is classified a Shoreline of the State, with a Rural designation. Yelm Creek has associated wetlands and flood hazard areas. Chapter 14 YMC establishes criteria for construction in or near flood hazard areas, and establishes buffers for the protection of wetlands. 8. SR 507 East a small bridge over Yelm Creek. It was determined that the frontage improvements for this project shall not include improvements to this bridge, and the amount of road leading to the bridge within the 100 year flood plain shall be deferred. 9. The City Development Guidelines provides guidance for erosion control plans. Construction of this project must not disturb the flood zone area. An erosion control plan report must be submitted to and approved by the City of Yelm prior to any land clearing on the site. 10. The City of Yelm's Yelm Creek Flood Hazard Management Plan lists several alternatives to help ease the flooding problems on all areas of Yelm Creek. Some of the alternatives require restorative projects, and removing barriers such as fences and rip-rap that may impede water flow. Projects such as these would require access to the creek from or through private property, including this parcel. Mitigation Measures 1. The developer 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 a furniture store, which creates .23 new PM peak hour trips per 1,000 sq. ft. For an 11,000 sq. ft. furniture store, the TFC charge is $1,897.50 and is payable at time of building permit. 2. At this time a TIA is not warranted. However as future development occurs on the site, a TIA shall be required when the total peak hour trips, including the furniture store, are over 20. The TIA shall address traffic impacts to include this project. 3. The developer shall complete the following transportation improvements: a. Frontage improvements for SR 507 shall be constructed per the "Urban Arterial" standard, and shall be constructed from the west property line, up to the east property line, where it meets the 100 year flood plain. One commercial driveway entrance with a "right-in/right-out only, shall be allowed onto SR 507. b. The developer shall sign a "Waiver of Protest" to defer the frontage improvements along the property from the shoreline jurisdiction line, to the east property line. c. An internal street, constructed per the "Local Access Commercial" detail, shall be constructed to connect the entrance from Hwy 507 to 106'h Ave. SE. 4. The developer shall provide the City with an Erosion Control Plan to assure protection of the flood zone and wetland areas. 5. The developer shall provide a "blanket easement" over the flood zone area to the City of Yelm for City sponsored stream or restoration projects. ~1.1Tf \~lt,jfltliT ~,t~ 19Y' ~~ ' is y,, faxo " STATE OF WASHINGTON DEPARTMENT Of= ECOLOGY P.O. Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300 February 20, 2004 Mr. Grant Beck Community Development Director City of Yelm 105 Yelm Avenue West Yelm, WA 98597 -- -~ i '. ti zV r r-. ~: ~ ~ ~, ~~ FEB 2 4 2004 Your address is in the watershed Dear Mr. Beck: Thank you for the opportunity to comment on the mitigated determination of nonsignificance for the Christensen Project (SEPA #8356) located at 16628 Highway 507 East Yelm, as proposed by Richard Christensen. We reviewed the environmental checklist and have the following comments: 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 Yelm Creek and associated wetlands or cause water quality degradation of state waters. 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 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 stormwater from such sites without a permit is a violation of federal and state law and you will be subject to enforcement action by the Deparhnent of Ecology or through third party lawsuits. A stormwater permit application form, referred to as a Notice of Intent, can be obtained by calling Ecology's Stormwater 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 plamled start of construction to avoid delays to 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. Sincerely, ._. ...~ .~Fq ~ ~ t`~ ~- Jeri Berube Administrative Coordinator JB: smb (04-0807) cc: Roberta Woods, WQ Linda Matlock, WQ Richard Christensen (Applicant) 6437. Applicants are encouraged to submit completed forms and publish public notices more than 38 days prior to the plamled start of constriction to avoid delays to 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. Sincerely, •~ ~w Jeri Beribe Administrative Coordinator JB: smb (04-0807) cc: Roberta Woods, WQ Linda Matlock, WQ Richard Christensen (Applicant) NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, March 22, 2D04, 9:00 a.m. PLACE: Yelm Public Works, 901 Rhoton Road, Yelm WA PURPOSE: Public Hearing to receive comments regarding the application for a shoreline substantial development permit to construct an 11,000 sq. ft. retail building, associated parking, and stormwater retention adjacent to Yelm Creek. Case #SHO-03-8357-YL APPLICANT: Richard Christensen PROJECT LOCATION: 16628 SR 507 SE, Yelm, WA 98597 The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the application for a shoreline substantial development permit to construct an 11,000 sq. ft. retail building adjacent to Yelm Creek. The Hearing Examiner will make a decision on the matter within 10 days after the hearing. Testimony may be given at the hearing, or through written comments on the proposal, received by the close of the public hearing on Monday, March 22, 2004. Such written comments may be submitted to the City of Yelm at the address shown above, or mailed to the City of Yelm Community Development Department, PO Box 479, Yelm WA 98597. 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 i / LJ j~ ~12~ ~ ~~ Agnes Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, March 12, 2004 Mailed to Adjacent Property Owners and Posted in Public Places: March 10, 2004. (3&0) -/.58-38.3:, (360) d.i 8-31 ~J~l FAX ,.> a+tv. ~ i. yelm. rnn. ru+ ND WAY SE N OUEENSVIEW CT NW RHOTON CT w O Z N a 0 NW KINGSVIEW CT QUAIL MEADOWS CT SE m O ~ OUNTAIN AIRE LN NW Z J J ~ 3 z 0 `~ w z ~ a 9STy z C Fa- SF p PUBLIC U WORKS 901 RHOTON RD ~O LONGMIRE CT SE ~5 ~~ GJ 5~ ~ ~ O ~~ ti~ ~~~ ~ sT O~ F 5 `S'T F3, \~~ SF ~C~ .Qp O~~tl ~O~OQi SF ~Og6i ti~ ~ <aQ . ?~ ~F ~ w tigLF a o w ~ ILWAY RD S ~~. 5y tiffs y'C ~~'~~ QQO~ rFGFN X15 50 O~ q'f/ `r9 ~~ rRG ~F ~ ~A ~~ sr Q`G 'l'/y sF OPOS~( s~y~~ 510 JF~'O6 ep~~~ c ~ ~°~~~~`<• ,9sy/~ T°ti ~SO'1',9~F ~~ IFS F F'Y s ~~ 9LF 5~ ELF 5~ ~p ry~0 ~ ~F~~F OPO ~ ~ ~~ sTSF o ~ o ~~\~ • ~F,, ~q s s~ .~~°P CITY ~~ F~~F ~T G ~iyOS s',~o ~~ ~ry2a s°~,y ~o~ 2,AsT ~9~9L ~ HALL ~ `F ~~~' sF wF s r sF~ ,~ RO sF ~, qs e °ss yeti 507 ~~~ ~qy 0~ °~ ~!(i ST O '9LF sF ~,ti~ 5 l::fF: ter, t ~~'.," I'r. r~~~'~~:.~~. STATE Ur WASHINGTON DEPARTMENT OF ECOLOGY P.O. Boz 47775 • Olympia, Washington 95504-777.5 • ("360) 407-6300 January 27, 2004 Ms. Tami Merriman Community Development Department City of Yelm PO Box 479 Yelm, WA 98597 Dear Ms. Merriman: -_ ~ Your address is in the I '~ watershed Thank you for the opportunity to comment on the notice of application for the Christensen's Furniture (#SPR-03-8354-YL and SHO-03-8357-YL) located at 16628 Highway 507 Southeast, Yelm, as proposed by Richard Christensen. We reviewed the environmental checklist and have the following comments: Site plan, environmental checklist and preliminary drainage plan were submitted to lead agency but not included in Department of Ecology's copy of the NOA. Review is not possible from the documents that we received. If you have any questions or would like to respond to these comments, please call Roberta Woods (Water Quality) at (360) 407-6296. Sincerely, Jeri Berube Administrative Coordinator JB: smb (Christensen's Furniture) cc: Roberta Woods, WQ Richard Christensen (Applicant) ra i, ~ JAN-27-2004 TUE 01 41 Phi DOE SW REGIONAL OFFICE FR}( N0, 360 407 6305 P, 01/02 FAX r1UMl3ER ~~ "~ `~~ `t~ DATE: ~RaM: REMARKS: Washington Depar#ruent Of Ecology Southwest 17egional Office 300 Desmond Drive SE P.O. Box 47775 Qlympia, WA 985047775 Phone: (360) 407-6300 lr AX: (360) 407-6305 FAX COVED SHEET TIMEc ~~ # OF PAGES JAN-27-2004 TUE 01 41 PM DOE SW REGIONAL OFFICE FAX N0. 360 407 6305 Get 1,~ i ~.~ / ~~i}~ ~ I~•1 =, ~; '%~ ..' <~ S1~1TE Qf WnSHITJGTC)ty DFi~ARrM~NT car- Ec:.oLC~GY P. D. Boa' -17775 • Ulyrnl,i,~, Waslrin~-un 913,5U=1-777> . (3GU1 407-6.30!1 January 27, 2004 Ms. Tami Merriman Community Development Department City of Yelm PO Box 479 { Yelm, WA 98597 P, 02/02 ,; ,_, ~„~__._.{ I Your add :, f .,~ Is m the ~N. __-~ - ~~~ :.# watershed _ ~...-.~ Dear Ms. Merriman: Thank you for the opportunity to comment on the notice of app]{cation for the Ghristensen's Furniture (#SPR-03-8354-YL and SHO-03-8357-YL) located at Ib6?8 Highway 507 Southeast, Yelm, as proposed by Richard Christensen. We reviewed the environmental checklist and have the following comments: Site plan, environmental checklist and preliminary drainage plan were submitted to lead agency but not included in Department of Ecology's copy of the NOA. Review is not possible from the documents that we received. Ifyou have any questions or would like to respond to these comments, please call Roberta Woods (Water Quality) at (360) 407-6296. Sincerely, C~--~ Jeri Berube Administrative Coordinator JB: smb (Christensen's Furniture) cc: Roberta Woods, WQ Richard Christensen {Applicant) .r-; ,.:. t.:, J WM&A Jerome W. Morrissette & Associates Inc., P.S. 1700 Cooper Point Road SW, #B-2, Olympia, WA 98502-1110 (360)352-9456 I FAX (360)352-9990 December 19, 2003 City of Yelm 105 Yelm Avenue W P O Box 479 Yelm, Wa 98597 ATTENTION: Ms. Tami Merriman Re: Rick Christiansen Preliminary Site Plan Dear Tami, Per our discussion last month, please find attached a revised site plan. I have included a conceptual landscape plan, phasing and wells and septic. Some of the wells and septic shown are beyond 200' from the site. Also please find attached 4 copies of the preliminary storm drainage report. The proposed interior circulation road, frontage improvements and parcel three will be constructed as phase 1. Phases 2 through 4 will each include construction of the building and parking lot associated with that parcel. Should you have any questions or require additional information, please contact Terry Weeks at (360) 352-9456. Yours very truly. J. W. MORRISSETTE AND ASSOCIATES INC. P.S. G' G / ~, G Terry Weeks Engineering Technician II cc: Rick Christiansen Civil /Municipal / Geotechnical Engineering and Planning X. A03i4f3 \O>148-L~wq, l~/lZ/003 9,31;081~M c00n~+aozo~xo~ox~~o ~ "' ayi < o v~zv• mc~~c~aa-~ 1'*'1 ~i ~c n'1 °cOOm?°~z z~ ~ r w ~°z n ~ ~ ~O~~TIOy~ta/)O O OVO D ~ ZOZ nr~2m~~ ~ ~ ~O r m ~ C ~yZa oo mwo~ ~ ^ z p c "gym n a~ ~ v' ~ ~ _ -D-I ~"~a y°c ~ zz O .~v.. z z ° ~ =o -i ma O ~ Z ~o oy r ~ ~ p ~` i o o -S n ~ 0 o _v z a cn • ~ 7 ,~ > n W ~ ~ N ~ 7- O ~ ~• ~ d ly ~ I"h (11 N ~~V n o O m n o (/') ~ N ~. ~ Q w ~^' (~ rn m ~ o ~• ~ ~, r.r. ~' N m (p ~ N ~ ~ ~ -~, ~ a x Wn Q ~, . u w ~ N ~ ~ - lp •' ^ ~ V , ~ O • O~ ('~ n 1O1~~A > N Z D O 1Q I~ I~r OF ny ~N ~ 22e < i W K ~~ > D N j N ~4 ~4 `^_~) •T^/ (I^], ~_ rn z m z ~m =r °° ~ 3 m. ZZ m Zy n ~ o 3 ~ m ~~ n . 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I ~ M ~-- - ...~ ~ M M 199.74't - 4of 710 Y . ° ~JWM&A Jerome W. Morrissette & Associates Inc., P.S. 1700 Cooper Point Road SW, #B-2, Olympia, WA 98502-1110 (360)352-9456 / FAX (360)352-9990 December 19, 2003 City of Yelm 105 Yelm Avenue W P O Box 479 Yelm, Wa 98597 ATTENTION: Ms. Tami Merriman Re: Rick Christiansen Preliminary Site Plan Dear Tami, Per our discussion last month, please find attached a revised site plan. I have included a conceptual landscape plan, phasing and wells and septic. Some of the wells and septic shown are beyond 200' from the site. Also please find attached 4 copies of the preliminary storm drainage report. The proposed interior circulation road, frontage improvements and parcel three will be constructed as phase 1. Phases 2 through 4 will each include construction of the building and parking lot associated with that parcel. Should you have any questions or require additional information, please contact Terry Weeks at (360) 352-9456. Yours very truly. J. W. 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C~' Cam'<j~e~l°~ ` / ~`~/.~.~/ ~ `-_ .. r c ~r~- ~ _ ~~-~~`~~~~~ ~~ ~~ , " ~ -~~ ~ cis? ~. ~'/ .__ ~~ i~`~ r / ,, ,_.h _.v~ c ""---- - April 8, 2004 Richard Christensen, Jr. 1 1915 Clear Lake Road S Eatonville, WA 98328 RE: Christensen's Furniture Project, Shoreline Substantial Development Permit and Site Plan Review, SHO-0308357-YL, and SPR-03-8356-YL Dear Appellants: Transmitted herewith is the Report and Decision of the City of Yelm Hearing Examiner relating to the above-entitled matter. Very truly yours, H N K. CAUSSE X, ] . Hearing Examiner SKC/ca cc: Parties of Record CITY OF YELM OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: Christensen's Furniture Project, Shoreline Substantial Development Permit and Site Plan Review, SHO -0308357-YL, and SPR-03-8356- YL APPLICANT: Richard Christensen, Jr. 11915 Clear Lake Road S Eatonville, WA 98328 AGENT: Jerome W. Morrissette & Associates., P.S. 1700 Cooper Pt. Road SW, #B-2 Olympia, WA 98502-1110 SUMMARY OF REQUEST: The applicant proposes to construct an 11,00 square foot retail building, parking, internal road, and stormwater retention pone. The applicant is planning for future development of the site, which may include a short subdivision for future commercial development. SUMMARY OF DECISION: The request for a shoreline substantial development permit and site plan approval is granted subject to the conditions. 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 22, 2004, 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 -1- Attachments TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that proper notice had been given, that the environmental official had issued an MDNS, and had received no appeals. The applicant requests a shoreline substantial development permit and site plan review. Yelm Creek is a small stream almost exclusively on private property. It has associated wetlands and a flood zone area, and the applicant will stay out of the flood zone. The City has a joint shoreline plan with the County, and the Staff Report lists all items and how the proposal meets them. The project cannot meet the public access requirement, but the City is trying to protect Yelm Creek by limiting public access. A small park in the center of the town provides public access to the creek. Surrounding properties are improved with commercial uses. The building will be located more than 50 feet from the ordinary high water mark. The City desires an easement to the creek for habitat work. Concerning the SPR, access to the site will be provided by SR 507 and 106th. The site will connect these two streets and will be subdivided in the future. The DOT will require a right turn in, right turn out access and improvements to the road. The improvements will stop at the flood plain of the creek, and no improvements will be made now to the SR 507 bridge. The City will defer these requirements until a state highway project later. The applicant must comply with a latecomers fee agreement for water and will extend sewers from their present location at Creek Street and SR 507. The project meets the parking and design standards as well as landscaping which will extend around the perimeter and within the development. The rear area along the creek will remain untouched. RICK CHRISTENSEN, applicant, appeared and testified that he agrees with the Staff Report, has reviewed the conditions, and has no questions or concerns. He can comply with all conditions. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:20 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. Notice of public hearing was posted on the site, and mailed to interested parties and property owners within 300 feet of the site on March 10, 2004. Notice was also -2- published in the Nisqually Valley News on March 12, 2004. 3. A Mitigated Determination of Non-Significance was issued on February 24, 2004, with the appeal deadline ending on March 2, 2004. No appeal was filed from the same. 4. The applicant has a possessory ownership interest in Parcel 3 of a commercial development abutting the north side of SR 507 and at the east side of the present terminus of 106th Avenue SE within the City of Yelm. Yelm Creek, its flood plain, and associated wetlands extend along the eastern portion of the site. The applicant requests a shoreline substantial development permit and site plan review to allow construction of a generally rectangular, 11,000 square foot retail building, associated parking, and internal road. 5. The site plan shows the commercial project consisting of four parcels, each of which will support future buildings and parking areas. Parcel 3 consists of two parcels and is located in the southeast corner of the four-parcel site. Access to Parcel 3 is provided via an internal road connecting 106th Avenue SE with SR 507. Since the State Department of Transportation (DOT) has limited the access onto SR 507 to right turn in /right turn out, the full service access will be from 106th Avenue SE. 6. The site plan shows the eastern third of the site impacted by Yelm Creek and its associated 100-year flood zone and wetlands, and that all improvements will occur outside of said area. The site plan shows the structure and a service road located in close proximity to the flood plain, and the 10-space parking area located between the building and the access road. Yelm Creek crosses under SR 507 adjacent to the south property line. Abutting uses include the Rainier Commons approved commercial short plat to the west, Yelm Creek to the east, SR 507 to the south, and a commercial use to the north. 7. The site is located within the Commercial (C-1) zone classification of the Yelm Municipal Code (YMC) and within the City of Yelm Design Guidelines Gateway Overlay. The parcel is also located within the rural shoreline environment for Yelm Creek. Zoning in the area includes Heavy Commercial (C-2) to the east and Thurston County Arterial Commercial to the south across SR 507. 8. As previously found, the applicant will not disturb the 100-year flood plain which encompasses wetlands and will provide an erosion control plan to assure no disturbance of the area. The storm drainage plan will ensure water quality treatment before release. The City has determined that the buffer will remain extensively vegetated and that the flood zone creates an adequate buffer to protect wetland areas. The site complies with the requirements of the critical areas regulations. -3- 9. The project also complies with the Yelm Creek Comprehensive Flood Management Plan as it proposes no disturbance of the flood zone and will maintain a continuous vegetated buffer along Yelm Creek. The applicant will provide the City an access easement to the creek for buffer enhancement or other improvements. The applicant will remove any fences or debris from the creek area during low water conditions. 10. The project also complies with applicable criteria of the Shoreline Master Program for the Thurston Region. Construction wilt occur completely outside of the flood zone, will leave the wetlands and flood zone undisturbed, and will provide an erosion control plan to prevent adverse impacts thereto. Priority 5 of the SMP encourages public access to publicly-owned shoreline areas. Yelm Creek has no public shorelines in the area, and the City desires to retain the shoreline in its natural condition. A City park on Yelm Creek provides public access. 11. The project satisfies the regional plan elements for the rural shoreline environment. The project satisfies the economic development goal by proposing a project in a commercial area which reflects the character of the surrounding area. As previously found, the project will protect the creek, associated wetlands, and flood zone areas both during and after development. As previously found, however, the project will not meet the public access goal as the City desires to maintain Yelm Creek in its natural condition, and no public property exists in the area. The project meets the circulation goal as it will provide all vehicular access outside of the shoreline jurisdiction. City water and sewer will serve the site, and stormwater will be treated before release into the ground. Preserving the creek in its natural condition satisfies the recreational shoreline use, conservation, historical and cultural values, and restoration goals. For the above reasons, the project also satisfies all applicable commercial development policies. 12. The project also satisfies applicable regulations for commercial development in the rural shoreline environment. The project maintains more than a 50-foot setback from the ordinary high water mark of Yelm Creek and will have no structures higher than 35 feet. As previously found, the project will not provide public access to Yelm Creek, but due to wetlands, flood plains, and the lack of public shoreline, the creek does not provide traditional waterfront amenities and access opportunities. The project therefore meets all criteria for a substantial development permit. 13. Section 17.84.010 YMC provides in part: Site plan review and approval shall be required prior to the use of land for the location of any commercial. .building or activity. . Additionally, site plan review shall be required for any allowed.. . -4- activity on lands containing a wetland or wetland buffer areas... . The applicant has requested site plan review to allow the commercial project. 14. Section 2.26.090 YMC authorizes the Examiner to approve conditional/special use permits which include site plan review. Section 17.84.020 YMC requires an applicant for site plan review to show that the project conforms: ... to the standards, provisions and policies of the City as expressed in its various adopted plans and ordinances including the applicable sections of the Shoreline Master Program for the Thurston Region. . 15. The project satisfies the transportation policies of the City as it will pay the Transportation Facility Charge (TFC) of $750.00 per pm peak trip and, as previously found, will construct road frontages along SR 507 except those areas within the flood zone and at the bridge. The City will defer said improvements until such time as DOT improves the bridge. As previously found, the site provides a connection between 106th Avenue SE and SR 507 and will have limited access onto SR 507 and full access onto 106th Avenue. 16. The City will provide both domestic water and fire flow to the site from a waterline located in the right-of--way of SR 507. The applicant must comply with a latecomers agreement prior to connection. The City will also provide sanitary sewer service to the project, and the applicant will extend a sewer line to the site and pay an access fee at building permit issuance. 17. The applicant will construct the stormwater drainage system in accordance with YMC criteria and will discharge treated stormwater into the ground. 18. The project meets the requirements of the YMC for minimum parking spaces. The 11,000 square foot building requires a total of 44 parking stalls, and the site plan shows 50 stalls. 19. The project also meets the design guidelines adopted by the City for commercial projects. Design guidelines address pedestrian access, parking, building design, and landscaping. The applicant has submitted plans to the City which address said guidelines. The applicant must provide for adequate pedestrian access to and throughout the development. The applicant will comply with YMC Chapter 17.80 which addresses landscaping, and will provide Type II landscaping around the perimeter of the site and adjacent to buildings. Type III landscaping will be installed with road improvements to include the interior road. -5- CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the request for a shoreline substantial development permit satisfies all criteria of the Shoreline Master Program for the Thurston Region as well as the criteria for the rural shoreline environment. The project also satisfies all criteria of the critical areas and resource lands ordinance, and therefore the shoreline substantial development permit should issue subject to the conditions contained hereinafter. 3. The request for site plan approval satisfies all criteria set forth in Section 17.84.020 YMC and therefore should be approved subject to the following conditions: 1. The applicant shall provide an easement to the City of Yelm for access to Yelm Creek. 2. The applicant shall provide an erosion control plan, approved by the City of Yelm to protect the flood zone area during and after construction. 3. The applicant shall mitigate traffic impacts to the transportation system. Mitigation includes payment of the Transportation Facility Charge (TFC). The TFC charge for shall be based on use and square footage. TFC charges for the furniture store shall be based on .23 trips per 1,000 sq. ft, and shall be payable at the time of building permit issuance. The miscellaneous retail use TFC charges shall be determined and payable at the time of tenant improvement permit. 4. The applicant shall make on-site and frontage improvements consistent with City standards. Improvements for SR 507 shall be consistent with the City of Yelm Development Guidelines for "Urban Arterial", and shall be installed from the western property line east to the 100-year flood zone area. The remaining improvements shall be deferred. 5. Construction details and improvements to State Route 507 must be reviewed and approved by Washington Department of Transportation. 6. Ingress and egress to the site is located on SR 507, and shall be a limited access to allow vehicles a "right-in/right-out" only. The access shall be designed to prevent vehicles traveling east on SR 507 from turning left into the site. -6- 7. The applicant shall construct an internal road, connecting 106th Street through the development to SR 507. This internal road shall be constructed to "Local Access Commercial" standards, and dedicated to the City as a public street. 8. The applicant shall connect to the City water system. The cost to connect shall include a fee of $1,500.00 per Equivalent Residential Unit (each ERU equals 240 gallons of water consumption per day, fee subject to change.). The applicant shall provide proposed water usage calculations to the Community Development Department for review and approval, to determine the number of gallons of daily use. 9. The waterline shall be extended from SR 507 thru the internal access road, to connect at 106th Ave. SE. The applicant shall provide for future development water connections to this line. 10. The applicant shall pay a Latecomers fee in the amount of $3,895.96 for tax parcel number 64303400502 and $9,613.09 for tax parcel number 64303400501. 11. The applicant shall meet all conditions for cross connection control as required in section 246-290-490 WAC. 12. The applicant shall connect to the City S.T.E.P. sewer system. The cost to connect shall include a fee of $2,694.00 for the four (4) ERU under the LID, and $5,269.00 per ERU (each ERU equals 240 gallons of water consumption per day, fee subject to change) for the remaining connections required. The number of ERU's required will be determined by approved water consumption calculations. 13. Upon completion of the on site S.T.E.P. sewer installation as per the City's Development Guidelines, the S.T.E.P. sewer equipment, appurtenances and lines shall be deeded to the City, and an easement provided for maintenance. 14. The applicant shall provide for a grease trap(s) sufficient to accommodate all proposed uses, which shall be maintained by the property owner or tenant. 15. The applicant shall design and construct all stormwater facilities in accordance with the DOE Manual, as adopted by the City of Yelm. Best Management Practices are required during construction. -~- 16. The applicant shall provide the City with an erosion control plan that protects the flood zone area during and after construction. 17. The applicant shall create a paved parking area, meeting the City of Yelm Development Guideline standards, with a minimum of 44 parking stalls, 2 of which shall be ADA compliant. 18. Off-street loading area must accommodate a vehicle 45 feet in length, 12 feet in width, and 14 feet in height. 19. Parking lot landscaping shall be required per YMC 17.80, Yelm Development Guidelines, and Yelm Design Guidelines. 20. The applicant must provide for pedestrian access to and throughout the development. ADA approved pedestrian access from the sidewalk to the building is required. On-site pedestrian circulation must be employed as future development on the site occurs. 21. Applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 22. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. 23. Applicant shall provide for Type II landscape buffer along the perimeter of phase I of the development. This includes a 5-foot landscape strip adjacent to the building. As phased development occurs on the site, appropriate landscaping shall be required. 24. Type III landscaping shall be required on road improvements to SR 507, and the interior street through the development. 25. Type IV landscaping is required in parking areas. As phased development occurs on the site, appropriate parking lot landscaping shall be required. 26. Type V landscaping is required in stormwater facilities, incorporating on site landscaping concepts. 27. Applicant shall submit landscape plan with civil plan submission. 28. The applicant must provide for refuse storage. Refuse container screening shall be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse -s- container, and shall in no case be less than six-feet in height with a gate enclosure. The fence shall be a solid material such as wood or masonry, and shall be designed per the City of Yelm Development guidelines. 29. No refuse container shalt be permitted between a street and the front of a building. 30. Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. DECISION: The request for a shoreline substantial development permit and site plan approval to allow improvement of Parcel 3 of the Christensen Commercial Center with an 11,000 square foot building and 50 parking spaces is hereby granted subject to the conditions contained in the conclusions above. ORDERED this ~ day of ~ , 2004. N . CAUSSE X, Hearing Examiner ~'(,'' TRANSMITTED this ~ day of Lt ~ , 2004, to the following: APPLICANT: Richard Christensen, Jr. 11915 Clear Lake Road S Eatonville, WA 98328 AGENT: Jerome W. Morissette & Associates., P.S. 1700 Cooper Pt. Road SW, #B-2 Olympia, WA 98502-1110 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 -9- CASE NO.: Christensen's Furniture Project, Shoreline Substantial Development Permit and Site Plan Review, SHO-0308357-YL, and SPR-03-8356-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 February 18, 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. 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. Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, March 22, 2004, 9:00 a.m. PLACE: Yelm Public Works, 901 Rhoton Road, Yelm WA PURPOSE: Public Hearing to receive comments regarding the application for a shoreline substantial development permit to construct an 11,000 sq. ft. retail building, associated parking, and stormwater retention adjacent to Yelm Creek. Case #SHO-03-8357-YL APPLICANT: Richard Christensen PROJECT LOCATION: 16628 SR 507 SE, Yelm, WA 98597 The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the application for a shoreline substantial development permit to construct an 11,000 sq. ft. retail building adjacent to Yelm Creek. The Hearing Examiner will make a decision on the matter within 10 days after the hearing. Testimony may be given at the hearing, or through written comments on the proposal, received by the close of the public hearing on Monday, March 22, 2004. Such written comments may be submitted to the City of Yelm at the address shown above, or mailed to the City of Yelm Community Development Department, PO Box 479, Yelm WA 98597. 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 ~~~ ~~ ~~~ Agnes Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, March 12, 2004 Mailed to Adjacent Property Owners and Posted in Public Places: March 10, 2004. (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us ~~ a~ ~~ ~1 Q~' f~ YEZ~ WASHINOTQN CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3835 NOTICE OF APPLICATION Mailed on: December 31, 2003 PROJECT NAME AND LOCATION: Christensen's Furniture 16628 Hwy 507 SE, Yelm, WA 98597 LAND USE CASE: SPR-03-8354-YL and SHO-03-8357-YL A Shoreline Substantial Development and Site Plan Review application submitted by Richard Christensen, 11915 Clear Lake Road S, Eatonville, WA 98328 for the above referenced project was received by the City of Yelm on October 2, 2003. The City determined the application to be complete on December 30, 2003. The application and 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 the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: The project proposal is to construct an 11,000 sq. ft. commercial building intended for a retail furniture store, and other retail space, associated parking and stormwater facilities. The project location lies within 200 feet of Yelm Creek. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: The applicant has submitted a site plan, environmental checklist, and preliminary drainage plan. 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 30-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON JANUARY 30, 2004. 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 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. W Z~~/1 3 s ~y~p ~~ o g®gra~S 5~ l~6~41C~ ~ggu'~n i* a > ~~ 5 ~~~~a~ki8 ~~~ Q Z O / ~ Y ~~~ rj = U I ~ l L ~ ~ -_ __ -_-- 3S~1S N332l~ ___ " .. - W U Z~ l ~~ ~ W Z ~ W Q H n. 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J i u ~yy yC.! _~ ~ ~ ~ 3 ~ 1 I ~ _ _ v _ i ~ ~ J C I i I _ 44 tl ~ • ~ ' ~ z t a ~ f _I ~ N 1I ~ I ~ I -, ~ ~_ € i I ~ I I - ---~ I ; ~ ' i I ~ II I i ~ I ~ • i i I ~ m io ' r I, it I ,. ~- ! I , i ' f ~R I; .---_ _`--- _. ~ f ~ 1 '. j~ ' _..__ ______ I ~ ~; ~ r . _ I j I ' 1 ~~1~_. r ~ I ~ _..__~ iy ~ .~-_~~ I ~ I ninA I I •~ ~ ~ ~ ~• _1- .r _ I i ~~ i it ~~~.«. ;.h, alt ll4r. _ .r e..,.. r OF THE p~~ ~~~ 9~ • ~_ Ci o helm a ~ ~ 105 Yelm Avenue West YELM P.O. Box 479 WASHINGTON Yelm, Washington 98597 (360) 458-3244 November 14, 2003 Rick Christensen 11915 Clear Lake Road S Eatonville, WA 98328 --- Re: Application for Site Plan Review for the Christensen Project Dear Mr. Christensen: The City is reviewing your application for Site Plan Review and shoreline permit. There are a few items that are needed before we can continue to process your application. I have included information for your assistance in completing the application requirements. Because we are processing two applications, and you want to complete your project in phases, we will need two site plans, and a little more detail in each application. For the Shoreline Permit we will need: 1. The site plan submitted is what we will use for the shoreline permit. This site plan however must show clearly the shoreline jurisdiction area (200 feet from the Ordinary High Water Mark), the floodplain and wetland boundaries, and label Yelm Creek as being an Urban shoreline designation. 2. The site plan must also show the location of proposed buildings, utilities, water and sewer lines, sewer tanks, electric and gas. For the Site Plan Review Application we will need: 1. Eight (8) Copies of a site plan that includes: a. What is planned for the first phase of development, to include improvements to frontage and access roads. , b. Show clearly the 200-foot shoreline jurisdiction area, the flood plain and wetland area. c. Any existing wells or septic on or within 200 feet of the property. d. A conceptual landscape plan for phase one. e. A preliminary storm water drainage report (this is something your engineer should provide to you). f. Amore detailed description of your phasing plan. 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 cc: Jerome W. Morrisette & Associates SPRC Pre-Application Meeting March 5, 2003 ***These comments are preliminary in nature and are not intended to represent final comments and or requirements for the City of Yelm. Until a complete application is made, the Community Development Department can only attempt to inform the applicant of general requirements as they appear in the form presented by the applicant at the time of pre-submission. Proponent: Richard Christiansen Project Proposal: 12,000 - 15,000 sq. ft. Commercial Retail Buildings Project Location: 11628 State Route 507 SE Zoning: Commercial (C-1) Chapter 17.26 and Setbacks: Minimum lot size: 5,000 square feet. Side yard setbacks - 10 feet Rear yard setbacks - 20 feet Front yard setbacks - 15 feet Maximum height of buildings shall be 40 feet. Parking: Chapter 17.72 In the case of two or more uses in the same building, the total requirements for off-street parking shall be the sum of the requirements for the several uses computed separately. These requirements shall be regarded as the minimum, however, the owner shall be responsible for providing adequate amounts and arrangement of space for the premises, even if it is in excess of the minimum. For retail establishments one stall per 250 sq. ft. of gross floor area is required. City of Yelm Development Guidelines require that parking be paved. Parking plan shall be submitted with Site Plan Review. Ingress/Egress: Ingress and egress at the site shall be consistent with the Yelm Development Guidelines 46.140. A traffic Impact Analysis will be required, and this analysis will help to determine access to and from the site. Landscaping: Chapter 17.80, Type II, III, IV, and V. Type II landscaping is used to provide visual separation of compatible uses. Type II landscaping is required around the perimeter of a site, which has compatible zoning and adjacent to buildings to provide visual separation of compatible use and soften the appearance of streets, parking areas and building elevation. The Type II landscaping around the perimeter shall be at least 8 feet, and adjacent to buildings at least 5 feet. Type III landscaping provides visual relief where clear sight is desired. This landscaping is for separation of pedestrians from streets and parking. Type III landscaping is generally the planter strips and street trees required with frontage improvements. Type IV landscaping is used to provide visual relief and shade in parking areas. Type V landscaping is intended to provide visual relief in storm water retention/detention areas. A conceptual landscaping plan is required with application for Site Plan Review. Final landscaping and irrigation plan is required as element of civil drawings. Refuse area must be large enough to accommodate a dumpster and recycle bin. Refuse areas must be of a material and design compatible with the overall architectural theme. A six foot wall or fence shall enclose any outdoor refuse collection point. The fence shall be a solid material such as wood or masonry. Applicant is required to contact Lemay Inc., to assure truck access to refuse area. Traffic: The City has adopted a Transportation Facility Charge (TFC) of $750.00 per pm peak trip. The Ordinance provides a default table that the applicant can use to determine new pm trips generated. The Ordinance lists new pm peak trip by type of land use, and the formula is based on square footage. For a retail establishment, the new trip generation amount is 7.57. To determine the projects impact and fee, use the following formula for the use proposed: TFC payment required at building permit issuance. New Trip Generation Rate x gross floor area - 1,000 x $750.00 =TFC Example: These numbers are for example purposes only Retail: 7.57 X 15, 000 = 113, 550 _ 1000 = 113.55 x $750.00 = $85,162.50 If the applicant feels the proposed use would not generate the default number of trips as designated in the TFC Ordinance an analysis prepared by a Washington State Licensed Engineer can be submitted to the City for review and consideration. SEPA: Environmental checklist is required with a Traffic Impact Analysis. Creek: This site is located on Yelm Creek, which is a Shoreline of the State. The Shoreline Jurisdiction area is 200' from ordinary high water mark. There is a 50 foot setback from the ordinary high water mark for any development. Any development over $2,500 in the shoreline jurisdiction area requires a shoreline substantial permit. The property contains wetlands associated with the creek. Wetlands would have to be delineated and classified as part of the development application. There are `no-disturb' buffers associated with wetlands, the depth of which are based on the wetland classification and range from 25 feet to 100 feet. A portion of the site also include the 100 year floodplain as designated by the Federal Emergency Management Agency (FEMA). Regulations prevent any development which would increase the base flood elevation, which prohibits any landfill or structures in the 100 year floodplain. Additionally, impervious surfaces and storm drainage facilities are not allowed in the 100 year floodplain. Application and Process: Site Plan Review, Chapter 17.84, with environmental checklist and traffic impact analysis is an administrative process. A Shoreline Substantial Development permit requires a public hearing before the Yelm Hearing Examiner. Minimum application requirements for Site Plan Review are located in Section 17.84.060 and are listed on the application form. A project of this size can expect completed review in approximately 16 - 18 weeks. Land use approval typically contains conditions of approval that the applicant must complete prior to receiving a building permit. Following land use approval, if civil drawings are required, they must be submitted to the Community Development Department for review and approval, and satisfy all conditions of approval. Upon satisfactory completion of all conditions, the applicant can submit building plans for approval. Other: Design Guidelines -the attached checklist must be submitted at time of application with responses on how each guideline requirement is met. DESIGN GUIDELINES - Forbest Plaza Drive and Yelm Ave. Project Review Checklist - C-1-Commercial Guidelines Applicable Guidelines Met I.A.(1) Relate development to pedestrian oriented street frontage. LA.(2) Relate development to street fronts (other than pedestrian-oriented streets). X LB.(1) Minimize visibility and impacts of service areas. X I.C.(1) Take advantage of special opportunities and mitigate impacts of large ~~ developments. ~ I.D.(1) Reduce impact of service areas and mechanical equipment. X LE.(1) Integrate biofiltration swales and ponds into the overall site design. X LF.(1) Enhance the visual quality of development on corners. I.F.(2) Provide a paved pedestrian walkway from the street corner to the building entrance. ILA.(1) All pedestrian paths must correspond with federal, state and local codes for handicapped access, and the Americans with Disabilities Act. X II.A.(2) Provide adequate lighting at the building entries and all walkways and paths through parking lots. X ILA.(3) Develop an on-site pedestrian circulation concept. X II.B.(1) Provide a pedestrian path at least 60" wide (preferably 96" wide) from the street sidewalk to the main entry. X II.B.(2) Provide pedestrian paths or walkways connecting all businesses and the entries of multiple buildings on the same development site. X II.B.(3) Provide pathways through parking lots X ILC.(1) Where street ROW is insufficient to provide adequate sidewalks buildings and other site features must be set back from the public ROW to achieve at least minimum sidewalk widths. X II.C.(2) Where new streets are developed, provide sidewalks according to minimum standards. X II.D.(1) Provide, where feasible, pedestrian circulation routes to adjacent uses and transit. X ILD.(2) Integrate nearby transit stops into the planning of adjacent site improvements. ILD.(3) Encourage pedestrian paths from all transit stops through commercial areas to residential areas within 1,200 feet ILE.(1) Enhance building entry access. X II.F.(1) Provide pedestrian-oriented open space at key locations. III.A.(1) Provide access roads through large lots with more than one street frontage. X III.B.(1) Minimize driveway impacts. X III.C.(1) Meet requirements for location of parking lots on pedestrian-oriented streets. DESIGN GUIDELINES Project Review Checklist Guidelines Applicable Guidelines Met III.C.(2) Meet requirements for parking lot design detail standards. X III.D.(1) Minimize parking areas through joint use and management. IILD.(2) Encourage structured parking. III.D.(3) Reduce impacts of parking garages. IV.A.(1) Incorporate human-scale building elements. X IV.B.(1) Reduce scale of large buildings. X IV.C.(1) Architecturally accentuate building corners at street intersections. IV.D.(1) Enhance buildings with appropriate details. X IV.E.(1) Retain original facades. IV.E.(2) Use compatible building materials. (See Building Material Summary Matrix, pg 53) X IV.F.(1) Treat blank walls that are visible from the street parking or adjacent lot. X IV.G.(1) Locate and/or screen roof-mounted mechanical equipment so as not to be visible from the street or from the ground-level of adjacent properties. X IV.G.(2) Where practical, locate and/or screen utility meters, electrical conduit and other service and utilities apparatus so as not to be visible from the street. X V.F.(1) Use plant materials that are approved for use in downtown Yelm. Proponents may use other plat materials approved by the City. V.G.(1) Develop a site landscape design concept. X V.H.(1) Provide substantial site landscaping. V.H.(2) Protect and enhance natural features. V.I.(1) Screen all parking lots as required by Chapter 17.80, Landscaping. X V.I.(2) An alternative to the required perimeter parking area landscaping plan may be submitted. V.I.(3) Provide internal parking lot landscaping. X V.J.(1) Consider alternative building and parking siting strategies to preserve existing trees. V.J.(2) Consider the integration of pedestrian and bicycle paths with stands of mature trees where feasible to connect adjacent uses.