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OFFICE OF THE HEARING EXAMINER
CITY OF YELM
REPORT AND DECISION
CASE NO.: BURNETT ESTATES, CASE NO. SUB-04-0218-YL
APPLICANT: Rainier General Development
Doug Bloom
P.O. Box 627
Rainier, WA 98576
SUMMARY OF REQUEST:
The applicant is requesting approval to subdivide approximately 4.81 acres into 18 single
family residential lots. The property is zoned R-6 Medium Density residential.
SUMMARY OF DECISION:
Request granted, subject to 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 April 4, 2005, at 9:00 a.m.
Parties wishing to testify were sworn in by the Examiner.
The following exhibits were submitted and made a part of the record as follows:
EXHIBIT "1" - Planning and Community Development Staff Report and
Attachments
EXHIBIT "2" - Aerial photograph
GRANT BECK appeared, presented the Community Development Department Staff
Report, and testified that proper notice had been given. He then introduced Exhihit "2", an
aerial photograph, from which he provided an orientation of the project. Setiver and water
-1-
are available to serve the site. Transportation improvements include half frontage street
improvements on Burnett and payment of traffic impact fees. SEPA requires entry of a
school mitigation agreement, the provision of open space, and an erosion control plan.
Each lot contains sufficient size to support a reasonably sized, single family dwelling and
meet setbacks. The plat provides the required 5% of open space and the City has
approved the stormwater drainage plan. Staff recommends approval with 22 conditions,
one of which, Condition 9, requires fire hydrant locks. This is the first time the City has
imposed this condition and it will reduce the theft of water.
DOUG BLOOM appeared and testified that he has worked with the City and agrees with
the staff report. He has no problems with conditions of approval.
CHRIS MERRITT appeared and testified that they will direct the road storm water runoff
into a catch basin to a bioswale in Tract B and then to Tract A for infiltration. They will use
a retention pond.
No one spoke further in this matter, the Examiner took the request under advisement, and
the hearing was concluded.
NOTE: A complete record of this hearing is available in the City of Yelm Community
Development Department
FINDINGS, CONCLUSIONS AND DECISION:
FINI'IINC;S•
1. The Hearing Examiner has admitted documentary evidence into the record, heard
testimony, and taken this matter under advisement.
2. Notice of the date and time of hearing was posted on the project site, mailed to the
owners of property within 300 feet of the site, and mailed to recipients of the Notice
of Application and SEPA Determination on March 21, 2005. Notice of the date and
time of public hearing was published in the Nisqually Valley News in the legal notice
section on March 25, 2005.
3. The City of Yelm SEPA Responsible Official issued a Mitigated Determination of
Nonsignificance based on WAC 197-11-158 on February 8, 2005. No appeals were
filed.
4. The applicant has a possessory ownership interest in a rectangular, 4.81 acre parcel
of property abutting the east side of Burnett Road, north of SR-510 within the City
of Yelm. The applicant requests preliminary plat approval to allow subdivision of the
site into 18 single family residential lots. An existing home and shop will remain on
-2-
lot 18, but the owner will abandon its on-site septic system and connect to sewers,
decommission its well and connect to public water, and change its access from
Burnett Road to the internal plat road. The plat parcel abuts Burnett Road for 329
feet and measures 636 feet in depth.
5. The preliminary plat map shows access provided via a single road extending east
from Burnett Road to the east property line. In the eastern portion of the parcel, a
second plat road extends north from the internal road to the north property line. A
.52 acre storm drainage tract proposed for a retention pond extends along the
western half of the north property line. A .24 acre open space Tract B located
between the internal plat road and the storm drainage pond will provide the location
for a bioswale and open space. Lot sizes vary between a maximum of 27,877
square feet (lot 18) and 5,505 square feet (lot 12). The average lot size calculates
to 7,261 square feet and the density to 4.8 dwelling units per acre. All lots have a
rectangular shape and are of sufficient size and configuration to support a
reasonably sized, residential home.
6. The site is located within the Moderate Density Residential zone classification (R6)
of the Yelm Municipal Code (YMC). Section 17.15.020(A) YMC authorizes all types
of residential uses from single family dwellings on individual lots to multi-family
dwellings in the R6 zone, provided that the project cannot exceed a density of six
dwelling units per gross acre or have a density of less than three dwelling units per
gross acre. The R6 classification has no minimum lot size requirements. However,
Section 17.15.050 YMC requires setbacks of 25 feet from collector streets, 15 feet
from local streets, five feet from a side property line on one side and 12 feet for both
sides, and 25 feet from the rear property line. Said section also allows a maximum
building lot coverage of 50%, maximum development coverage of 75%, and
maximum structural height of 35 feet. The preliminary plat map shows building
envelopes of sufficient size to accommodate single family residential homes, meet
all of the setback requirements, and meet the maximum building area and
development coverages.
7. Abutting parcels to the north, east, and south are located within the R6
classification, and the property to the west across Burnett Road is located within
unincorporated Thurston County and zoned Rural Residential which allows one
dwelling unit per five acres. Surrounding improvements include a duplex to the north
and residential subdivisions to the east and south. The preliminary plat will fit well
with development in the immediate area.
8. Chapter 14.12 YMC requires the applicant to dedicate 5% of the gross area of the
subdivision as usable open space, 75% of which must be accessible to either the
general public or all residents of the development. The applicant has provided an
open space Tract B which abuts the internal plat road. Tract B is flat, usable and
-3-
accessible to plat residents and equals 5% of the gross area. The preliminary plat
therefore satisfies the open space requirements.
9. Mitigating measures set forth in the Mitigated Determination of Nonsignificance
(MDNS) issued pursuant to the State Environmental Policy Act (SEPA) requires the
applicant to enter into a school mitigation agreement with the Yelm School District.
Such will ensure that the plat makes appropriate provision for schools and school
grounds.
10. Chapter 15.24 YMC requires all new subdivisions to improve street frontages to
current City standards. The City identifies Burnett Road as a neighborhood collector
street which requires a 16 foot travel lane, vertical curb, seven foot planter strip with
street trees 35 feet on center, a five foot wide sidewalk and street lighting. The
applicant will make half street improvements on Burnett Road to the above
standards. The applicant will construct internal plat roads to local access standards
which includes two, 11 foot wide, travel lanes; two, seven foot wide, parking lanes;
a concrete rolled edge curb and gutter; six foot wide planter strip with trees on 35
foot centers; a five foot sidewalk on one side of the road; and streetlighting. Section
16.16.090 YMC requires new subdivisions to provide opportunities for the
continuation of streets to abutting subdivisions and properties not as yet divided.
The plat provides for street connections to the east and north. The applicant will
also comply with the City's transportation facility charge and make a $757.50
payment per unit. The plat makes appropriate provision for streets, roads, alleys,
and other public ways.
11. The City of Yelm will provide both domestic water and fire, flow to the site and the
applicant must pay the current connection fee of $1,500 per equivalent residential
unit. The City will also provide sanitary sewer service to each lot subject to payment
of the connection charge of $5,417 per equivalent residential unit. The existing on-
site septic system on lot 18 will be abandoned in accordance with Thurston County
Health Department standards.
12. The applicant must design the storm drainage system to meet the 1992 Department
of Ecology stormwater Manual which the City has adopted. The applicant proposes
to collect all stormwater runoff from roads, direct it through a bioswale for cleaning
in Tract B, and then to Tract A where the stormwater will infiltrate into the ground.
All stormwater will remain on site.
13. Chapter 17.80 YMC requires all development to provide on-site landscaping.
Properties within the City abutting the north, south, and east property lines are
located in the same R6 zone classification as the present parcel and thus the
applicant must landscape the perimeter with a Type 2 landscaping or in the
alternative may install fencing around the perimeter. The applicant must provide a
-4-
detailed final landscape and irrigation plan at the time of civil plan review.
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The applicant has established that the proposed preliminary plat is consistent with
the Yelm-Thurston County Joint Comprehensive Plan and the R6 zone classification
of the YMC. The applicant has also shown that all public facilities necessary to
serve the site are adequate and available.
3. The proposed preliminary plat makes appropriate provision for the public health,
safety, and general welfare for open spaces, drainage ways, streets, roads, alleys,
other public ways, transit stops, potable water supplies, sanitary waste, parks and
recreation, playgrounds, schools and school grounds, and safe walking conditions.
4. The preliminary plat will serve the public use and interest by providing an attractive
location for a single family residential subdivision consistent with development
patterns in the area and by providing connector roads to parcels potentially
impacted by the new 507/510 bypass road. Therefore, the proposed preliminary plat
should be approved subject to the following conditions:
1. Those corner lots specified below shall place driveways and fronts of houses
as follows:
Lot 7 -Driveway faces the south, house fronts to the south.
Lot 10 -Driveway faces the south, house fronts to the south.
2. Frontage improvements to Burnett Road shall be constructed per Yelm
Development Guidelines "Neighborhood Collector".
3. Internal streets within the subdivision will be constructed per Yelm
Development Guidelines for "Local Access Residential'; and shall be
modified near the connection to the east with "bulb-outs" to provide for traffic
calming.
4. The applicant shall submit civil plans including a phasing plan for the future
street connection to the North that includes a shared temporary access, and
addresses water and sewer connections now and when the future road is
constructed.
-5-
5. The applicant shall provide for sidewalk connections to the entrance into the
subdivision to the east.
6. The applicant shall mitigate transportation impacts based on the new peak
P.M. trips generated by the project. The Transportation Facility Charge
(TFC) shall be based on 1.01 new peak P.M. trips per single family dwelling,
payable at time of building permit issuance.
7. Each dwelling unit with the subdivision shall corinect to the City water
system. The connection fee and meter fee will be established at the time of
building permit issuance.
8. All conditions for cross connection control as required in Section 246-290-
490 WAC.
9. The applicant shall be responsible for the installation of hydrant locks on all
fire hydrants required and installed as part of development. The applicant
shall coordinate with the Yelm Public Works Department to purchase and
install required hydrant locks. Hydrant lock details shall be included in Civil
Plan Submission.
10. All planting strips and required landscaping not located within 75' of a hose
spigot on an individual lot shall be served by an irrigation system with a
separate water meter and an approved backflow prevention device. The
applicant shall submit a final landscape and irrigation plan at the time of civil
plan submission.
11. Each dwelling within the subdivision shall connect to.the City S.T.E.P. sewer
system. The connection fee and inspection fee will be established at the
time of building permit issuance.
12. The applicant shall design and construct all stormwater facilities in
accordance with the 1992 DOE stormwater Manual, as adopted by the City
of Yelm. Best Management Practices (BMP's) are required during
construction.
13. The applicant shall submit a final stormwater plan with civil engineering plans
and shall include an operation and maintenance plan.
14. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells.
15. The stormwater system shall be held in common by the Homeowners
Association. The Homeowners Agreement shall include provisions for the
assessment of fees against individual lots for the maintenance and repair of
the stormwater facilities.
-6-
16. The applicant shall submit a fire hydrant plan to the Community Development
Department for review and approval as part of the civil engineering plans
prior to final subdivision approval.
17. The applicant shall submit fire flow calculations for all existing and proposed
hydrants. All hydrants must meet minimum City standards.
18. Per the City of Yelm's Development Guidelines, street lighting and interior
street lighting will be required. A lighting design plan shall be submitted to the
Community Development Department for review and approval.
19. Prior to the submission final plat application, the applicant will provide the
Community Development Department an addressing map for approval.
20. The applicant shall comply with the mitigation requirements of the MDNS
issued on February 8, 2005.
21. The applicant shall submit a final landscaping and irrigation plan with the civil
engineering plans to include the perimeter of the project site, planter strips,
and stormwater facilities.
22. The applicant shall provide a performance assurance device in order to
provide for maintenance of the required landscaping until the tenant or
homeowners' association becomes responsible for landscaping
maintenance. The performance assurance device shall be 150 percent of the
anticipated cost to maintain the landscaping for three years.
23. The decision set forth herein is based upon representations made and
exhibits, including plans and proposals submitted at the hearing conducted
by the hearing examiner. Any substantial change(s) or deviation(s) in such
plans, proposals, or conditions of approval imposed shall be subject to the
approval of the hearing examiner and may require further and additional
hearings.
24. The authorization granted herein is subject to all applicable federal, state,
and local laws, regulations, and ordinances. Compliance with such laws,
regulations, and ordinances is a condition precedent to the approvals
granted and is a continuing requirement of such approvals. By accepting
this/these approvals, the applicant represents that the development and
activities allowed will comply with such laws, regulations, and ordinances. If,
during the term of the approval granted, the development and activities
permitted do not comply with such laws, regulations, or ordinances, the
applicant agrees to promptly bring such development or activities into
compliance.
-~-
DECISION:
The request for preliminary plat approval of Burnett Estates is hereby granted subject to
the conditions contained in the conclusions above.
ORDERED this 14th day of April, 2005
STEPHEN K. CAUSSEAUX, JR.
Hearing Examiner
TRANSMITTED this 14th day of April, 2005, to the following:
APPLICANT: Rainier General Development
Doug Bloom
P.O. Box 627
Rainier, WA 98576
OTHERS:
Chris Merritt
Olympic Engineering
1252 Devon Loop NE
Olympia, WA 98506
City of Yelm
Tami Merriman
105 Yelm Avenue West
P.O. Box 479
Yelm, Washington 98597
-s-
CASE NO.: PRELIMINARY PLAT: BURNETT ESTATES
SUB-04-0218-YL
NOTICE
1. RECONSIDERATION: Any interested party or agency of record, oral or
written, that disagrees with the decision of the hearing examiner may make a written
request for reconsideration by the hearing examiner. Said request shall set forth specific
errors relating to:
A. Erroneous procedures;
B. Errors of law objected to at the public hearing by the person requesting
reconsideration;
C. Incomplete record;
D. An error in interpreting the comprehensive plan or other relevant material; or
E. Newly discovered material evidence which was not available at the time of
the
hearing. The term "new evidence" shall mean only evidence discovered after the hearing
held by the hearing examiner and shall not include evidence which was available or which
could reasonably have been available and simply not presented at the hearing for
whatever reason.
The request must be filed no later than 4:30 p.m. on April 25, 2005 (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.
-9-
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.
-10-
OFFICE OF THE HEARING EXAMINER
CITY OF YELM
REPORT AND DECISION
CASE NO.: BURNETT ESTATES, CASE NO. SUB-04-0218-YL
APPLICANT: Rainier General Development
Doug Bloom
P.O. Box 627
Rainier, WA 98576
SUMMARY OF REQUEST:
The applicant is requesting approval to subdivide approximately 4.81 acres into 18 single
family residential lots. The property is zoned R-6 Medium Density residential.
SUMMARY OF DECISION:
Request granted, subject to 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 April 4, 2005, at 9:00 a.m.
Parties wishing to testify were sworn in by the Examiner.
The following exhibits were submitted and made a part of the record as follows:
EXHIBIT "1" - Planning and Community Development Staff Report and
Attachments
EXHIBIT "2" - Aerial photograph
GRANT BECK appeared, presented the Community Development Department Staff
Report, and testified that proper notice had been given. He then introduced Exhibit "2", an
aerial photograph, from which he provided an orientation of the project. Sewer and water
-1-
are available to serve the site. Transportation improvements include half frontage street
improvements on Burnett and payment of traffic impact fees. SEPA requires entry of a
school mitigation agreement, the provision of open space, and an erosion control plan.
Each lot contains sufficient size to support a reasonably sized, single family dwelling and
meet setbacks. The plat provides the required 5% of open space and the City has
approved the stormwater drainage plan. Staff recommends approval with 22 conditions,
one of which, Condition 9, requires fire hydrant locks. This is the first time the City has
imposed this condition and it will reduce the theft of water.
DOUG BLOOM appeared and testified that he has worked with the City and agrees with
the staff report. He has no problems with conditions of approval.
CHRIS MERRITT appeared and testified that they will direct the road storm water runoff
into a catch basin to a bioswale in Tract B and then to Tract A for infiltration. They will use
a retention pond.
No one spoke further in this matter, the Examiner took the request under advisement, and
the hearing was concluded.
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, heard
testimony, and taken this matter under advisement.
2. Notice of the date and time of hearing was posted on the project site, mailed to the
owners of property within 300 feet of the site, and mailed to recipients of the Notice
of Application and SEPA Determination on March 21, 2005. Notice of the date and
time of public hearing was published in the Nisqually Valley News in the legal notice
section on March 25, 2005.
3. The City of Yelm SEPA Responsible Official issued a Mitigated Determination of
Nonsignificance based on WAC 197-11-158 on February 8, 2005. No appeals were
filed.
4. The applicant has a possessory ownership interest in a rectangular, 4.81 acre parcel
of property abutting the east side of Burnett Road, north of SR-510 within the City
of Yelm. The applicant requests preliminary plat approval to allow subdivision of the
site into 18 single family residential lots. An existing home and shop will remain on
-2-
lot 18, but the owner will abandon its on-site septic system and connect to sewers,
decommission its well and connect to public water, and change its access from
Burnett Road to the internal plat road. The plat parcel abuts Burnett Road for 329
feet and measures 636 feet in depth.
5. The preliminary plat map shows access provided via a single road extending east
from Burnett Road to the east property line. In the eastern portion of the parcel, a
second plat road extends north from the internal road to the north property line. A
.52 acre storm drainage tract proposed for a retention pond extends along the
western half of the north property line. A .24 acre open space Tract B located
between the internal plat road and the storm drainage pond will provide the location
for a bioswale and open space. Lot sizes vary between a maximum of 27,877
square feet (lot 18) and 5,505 square feet (lot 12). The average lot size calculates
to 7,261 square feet and the density to 4.8 dwelling units per acre. All lots have a
rectangular shape and are of sufficient size and configuration to support a
reasonably sized, residential home.
6. The site is located within the Moderate Density Residential zone classification (R6)
of the Yelm Municipal Code (YMC). Section 17.15.020(A) YMC authorizes all types
of residential uses from single family dwellings on individual lots to multi-family
dwellings in the R6 zone, provided that the project cannot exceed a density of six
dwelling units per gross acre or have a density of less than three dwelling units per
gross acre. The R6 classification has no minimum lot size requirements. However,
Section 17.15.050 YMC requires setbacks of 25 feet from collector streets, 15 feet
from local streets, five feet from a side property line on one side and 12 feet for both
sides, and 25 feet from the rear property line. Said section also allows a maximum
building lot coverage of 50%, maximum development coverage of 75%, and
maximum structural height of 35 feet. The preliminary plat map shows building
envelopes of sufficient size to accommodate single family residential homes, meet
all of the setback requirements, and meet the maximum building area and
development coverages.
7, Abutting parcels to the north, east, and south are located within the R6
classification, and the property to the west across Burnett Road is located within
unincorporated Thurston County and zoned Rural Residential which allows one
dwelling unit per five acres. Surrounding improvements include a duplex to the north
and residential subdivisions to the east and south. The preliminary plat will fit well
with development in the immediate area.
8. Chapter 14.12 YMC requires the applicant to dedicate 5% of the gross area of the
subdivision as usable open space, 75% of which must be accessible to either the
general public or all residents of the development. The applicant has provided an
open space Tract B which abuts the internal plat road. Tract B is flat, usable and
-3-
accessible to plat residents and equals 5% of the gross area. The preliminary plat
therefore satisfies the open space requirements.
9. Mitigating measures set forth in the Mitigated Determination of Nonsignificance
(MDNS) issued pursuant to the State Environmental Policy Act (SEPA) requires the
applicant to enter into a school mitigation agreement with the Yelm School District.
Such will ensure that the plat makes appropriate provision for schools and school
grounds.
10. Chapter 15.24 YMC requires all new subdivisions to improve street frontages to
current City standards. The City identifies Burnett Road as a neighborhood collector
street which requires a 16 foot travel lane, vertical curb, seven foot planter strip with
street trees 35 feet on center, a five foot wide sidewalk and street lighting. The
applicant will make half street improvements on Burnett Road to the above
standards. The applicant will construct internal plat roads to local access standards
which includes two, 11 foot wide, travel lanes; two, seven foot wide, parking lanes;
a concrete rolled edge curb and gutter; six foot wide planter strip with trees on 35
foot centers; a five foot sidewalk on one side of the road; and streetlighting. Section
16.16.090 YMC requires new subdivisions to provide opportunities for the
continuation of streets to abutting subdivisions and properties not as yet divided.
The plat provides for street connections to the east and north. The applicant will
also comply with the City's transportation facility charge and make a $757.50
payment per unit. The plat makes appropriate provision for streets, roads, alleys,
and other public ways.
11. The City of Yelm will provide both domestic water and fire flow to the site and the
applicant must pay the current connection fee of $1,500 per equivalent residential
unit, The City will also provide sanitary sewer service to each lot subject to payment
of the connection charge of $5,417 per equivalent residential unit. The existing on-
site septic system on lot 18 will be abandoned in accordance with Thurston County
Health Department standards.
12. The applicant must design the storm drainage system to meet the 1992 Department
of Ecology stormwater Manual which the City has adopted. The applicant proposes
to collect all stormwater runoff from roads, direct it through a bioswale for cleaning
in Tract B, and then to Tract A where the stormwater will infiltrate into the ground.
All stormwater will remain on site.
13. Chapter 17.80 YMC requires all development to provide on-site landscaping.
Properties within the City abutting the north, south, and east property lines are
located in the same R6 zone classification as the present parcel and thus the
applicant must landscape the perimeter with a Type 2 landscaping or in the
alternative may install fencing around the perimeter. The applicant must provide a
-4-
detailed final landscape and irrigation plan at the time of civil plan review.
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The applicant has established that the proposed preliminary plat is consistent with
the Yelm-Thurston County Joint Comprehensive Plan and the R6 zone classification
of the YMC. The applicant has also shown that all public facilities necessary to
serve the site are adequate and available.
3. The proposed preliminary plat makes appropriate provision for the public health,
safety, and general welfare for open spaces, drainage ways, streets, roads, alleys,
other public ways, transit stops, potable water supplies, sanitary waste, parks and
recreation, playgrounds, schools and school grounds, and safe walking conditions.
4. The preliminary plat will serve the public use and interest by providing an attractive
location for a single family residential subdivision consistent with development
patterns in the area and by providing connector roads to parcels potentially
impacted by the new 507/510 bypass road. Therefore, the proposed preliminary plat
should be approved subject to the following conditions:
1. Those corner lots specified below shall place driveways and fronts of houses
as follows:
Lot 7 -Driveway faces the south, house fronts to the south.
Lot 10 -Driveway faces the south, house fronts to the south.
2. Frontage improvements to Burnett Road shall be constructed per Yelm
Development Guidelines "Neighborhood Collector".
3. Internal streets within the subdivision will be constructed per Yelm
Development Guidelines for "Local Access Residential'; and shall be
modified near the connection to the east with "bulb-outs" to provide for traffic
calming.
4. The applicant shall submit civil plans including a phasing plan for the future
street connection to the North that includes a shared temporary access, and
addresses water and sewer connections now and when the future road is
constructed.
-5-
5. The applicant shall provide for sidewalk connections to the entrance into the
subdivision to the east.
6. The applicant shall mitigate transportation impacts based on the new peak
P.M, trips generated by the project. The Transportation Facility Charge
(TFC) shall be based on 1.01 new peak P.M. trips per single family dwelling,
payable at time of building permit issuance.
7. Each dwelling unit with the subdivision shall connect to the City water
system. The connection fee and meter fee will be established at the time of
building permit issuance.
8. All conditions for cross connection control as required in Section 246-290-
490 WAC.
9. The applicant shall be responsible for the installation of hydrant locks on all
fire hydrants required and installed as part of development. The applicant
shall coordinate with the Yelm Public Works Department to purchase and
install required hydrant locks. Hydrant lock details shall be included in Civil
Plan Submission.
10. All planting strips and required landscaping not located within 75' of a hose
spigot on an individual lot shall be served by an irrigation system with a
separate water meter and an approved backflow prevention device. The
applicant shall submit a final landscape and irrigation plan at the time of civil
plan submission.
11. Each dwelling within the subdivision shall connect to,the City S.T.E.P. sewer
system. The connection fee and inspection fee will be established at the
time of building permit issuance.
12. The applicant shall design and construct all stormwater facilities in
accordance with the 1992 DOE stormwater Manual, as adopted by the City
of Yelm. Best Management Practices (BMP's) are required during
construction.
13. The applicant shalt submit a final stormwater plan with civil engineering plans
and shall include an operation and maintenance plan.
14. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells.
15. The stormwater system shall be held in common by the Homeowners
Association. The Homeowners Agreement shall include provisions for the
assessment of fees against individual lots for the maintenance and repair of
the stormwater facilities.
-6-
16. The applicant shall submit a fire hydrant plan to the Community Development
Department for review and approval as part of the civil engineering plans
prior to final subdivision approval.
17. The applicant shall submit fire flow calculations for all existing and proposed
hydrants. All hydrants must meet minimum City standards.
18. Per the City of Yelm's Development Guidelines, street lighting and interior
street lighting will be required. A lighting design plan shall be submitted to the
Community Development Department for review and approval.
19. Prior to the submission final plat application, the applicant will provide the
Community Development Department an addressing map for approval.
20. The applicant shall comply with the mitigation requirements of the MDNS
issued on February 8, 2005.
21. The applicant shall submit a final landscaping and irrigation plan with the civil
engineering plans to include the perimeter of the project site, planter strips,
and stormwater facilities.
22. The applicant shall provide a performance assurance device in order to
provide for maintenance of the required landscaping until the tenant or
homeowners' association becomes responsible for landscaping
maintenance. The performance assurance device shall be 150 percent of the
anticipated cost to maintain the landscaping for three years.
23. The decision set forth herein is based upon representations made and
exhibits, including plans and proposals submitted at the hearing conducted
by the hearing examiner. Any substantial change(s) or deviation(s) in such
plans, proposals, or conditions of approval imposed shall be subject to the
approval of the hearing examiner and may require further and additional
hearings.
24. The authorization granted herein is subject to all applicable federal, state,
and local laws, regulations, and ordinances. Compliance with such laws,
regulations, and ordinances is a condition precedent to the approvals
granted and is a continuing requirement of such approvals. By accepting
this/these approvals, the applicant represents that the development and
activities allowed will comply with such laws, regulations, and ordinances. If,
during the term of the approval granted, the development and activities
permitted do not comply with such laws, regulations, or ordinances, the
applicant agrees to promptly bring such development or activities into
compliance.
-~-
DECISION:
The request for preliminary plat approval of Burnett Estates is hereby granted subject to
the conditions contained in the conclusions above.
ORDERED this 14'h day of April, 2005.
STEPHEN K. CAUSSEAUX, JR.
Hearing Examiner
TRANSMITTED this 14`h day of April, 2005, to the following:
APPLICANT: Rainier General Development
Doug Bloom
P.O. Box 627
Rainier, WA 98576
[~THFRS~
Chris Merritt
Olympic Engineering
1252 Devon Loop NE
Olympia, WA 98506
City of Yelm
Tami Merriman
105 Yelm Avenue West
P.O. Box 479
Yelm, Washington 98597
-8-
CASE NO.: PRELIMINARY PLAT: BURNETT ESTATES
SUB-04-0218-YL
NOTICE
1. RECONSIDERATION: Any interested party or agency of record, oral or
written, that disagrees with the decision of the hearing examiner may make a written
request for reconsideration by the hearing examiner. Said request shall set forth specific
errors relating to:
A. Erroneous procedures;
B. Errors of law objected to at the public hearing by the person requesting
reconsideration;
C. Incomplete record;
D. An error in interpreting the comprehensive plan or other relevant material; or
E. Newly discovered material evidence which was not available at the time of
the
hearing. The term "new evidence" shall mean only evidence discovered after the hearing
held by the hearing examiner and shall not include evidence which was available or which
could reasonably have been available and simply not presented at the hearing for
whatever reason.
The request must be filed no later than 4:30 p.m. on April 25, 2005 (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.
-9-
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.
-io-
VISITOR SIGN IN SHEET
Please sign in and indicate if you wish to speak at this meeting or to be added to the mailing
list to receive future agendas and minutes.
All city hearing examiner meetings are audio taped. For information on obtaining a copy
please call the Yelm Community Development Department at 360-458-3835
MEETING: Yelm Hearing Examiner
DATE: April 4, 2005
TIME: 9:00 AM
LOCATION: Yelm City Hall Council Chambers
Burnett Estates Subdivision Case #SUB-04-0218-YL
Name and Address Speaker
~~~~T~~ 6~P~l~~~ ~~~ ~, ~c L.~ G.1Pc'~in ~2.~Z v%"~ 4ia CC ~~~S~JG
THURSTON COUNTY
SINCE 1552
KIM WYMAN
AUDITOR
Issued to: Tami Merriman
City of Yelm
P.O. Box 479 ~,~~, ,
.> .,
Yelm, WA 98597 ~~
~~~~
Date: March 17, 2005
The Plat name, BURNETT ESTATES, has been reserved for
future use by City of Yelm.
I certify that I have checked the records of previously issued and
reserved map names. The requested name has not been
previously used in Thurston County nor is it currently reserved by
any party.
This reservation will expire on March 17, 2006, one year from
issuance. It may be renewed one year at a time. If the plat/map
has not been recorded or the reservation renewed by the above
date, it will be deleted.
r
Terra Howell
Assistant Recording Manager
Please present this certificate at the time of recording.
Ol m is Washin ton 98502-6090 360 786-522
2000 Lakendge Drrve SW, y p g ( ) 4 Recycled Pare
ss FAX (360) 786-5223 E-mail auditorQco.thurston.wa.us
~pF tHF p+Q~
I, w 9
a ~*
YELM
WASHINGTON
City of Yelm
lOS Yelm Avenue West
P.O. Box 479
Yelm, Washington 98597
(360) 458-3244
Case Number: SUB-04-0218-YL
Applicant: Rainier General Development, Duug Bloom
Agent: Olympic Engineering Services, Chris Merritt
Request: Subdivide 4.81 acres into 18 sinclle family residential lots.
Recommendation: Approval with conditions
Exhibit I: Site plan dated December 2004
Exhibit II: Site plan dated February 8, 2005
Exhibit III: Notice of Application
Exhibit IV: Mitigated Determination of Non-Significance & Comment Letters
Exhibit V: Public Hearing Notice
Proposal
The applicant is proposing to subdivide approximately 4.E 1 acres into 18 single-family
residential lots. The property is zoned R-6 Medium Den:;ity Residential, which allows
up to 6 dwelling units per acre. The site encompasses ' parcel, and currently has 1
existing home that will remain. Based on the environment~~l review, the lot configuration
changed to provide a vehicular connection to the north. This is reflected in the revised
site plan dated February 8, 2005.
Property Characteristics
The property is located on Burnett Road. The property is identified by Assessor's Tax
Parcel Number 21713310000. The subject property is k~ound by residentially zoned
property.
Notice of Application and Public Hearing
Notice of this application was mailed to state and local agencies, and property owners
within 300 feet of the project site on January 10, 2005.
Notice of the date and time of the public hearing before the Hearing Examiner was
posted on the project site, mailed to the owners of property within 300 feet of the project
site, and mailed to the recipients of the Notice of Application and SEPA Determination
on March 21, 2005.
Notice of the date and time of the public hearing was published in the Nisqually Valley
News in the legal notice section on March 25, 2005.
The City of Yelm is an Equal Opportunity Provider
Concurrency
Chapter 15.40 YMC requires the reviewing authority to determine that required urban
infrastructure is available at the time of development.
Concurrency with sewer infrastructure is achieved pursuant to Section 15.40.020 (B)(1)
YMC when the project is within an area approved for sewer pursuant to the adopted
sewer comprehensive plan for the city and improvements necessary to provide city
standard facilities and services are present to meet the needs of the proposed
development.
Concurrency with water infrastructure is achieved pursuant to Section 15.40.020 (B)(2)
YMC when the project is within an area approved for municipal water service pursuant
to the adopted water comprehensive plan for the city and improvements necessary to
provide city standard facilities and services are present.
Concurrency with transportation infrastructure is achieved pursuant to Section
15.40.020 (5)(c) YMC when the project:
• Makes on-site and frontage improvements consistent with city standards and
roads necessary to serve the proposed project consistent with safety and public
interest;
• Makes such off-site facility improvements, not listed on the capital facilities plan,
as are necessary to meet city standards for the safe movement of traffic and
pedestrians attributable to the project;
• Makes a contribution to the facilities relating to capacity improvements identified
in the adopted six-year traffic improvement program, in the form of a
transportation facility charge.
Concurrency with school infrastructure is achieved when the developer provides a letter
from the local school district that the school facilities impacted by the proposed
development are present, or are on an approved and funded plan, to assure that
facilities will be available to meet the needs and impacts of the proposed development.
State Environmental Policy Act
The City of Yelm SEPA Responsible Official issued a Mitigated Determination of Non-
significance based on WAC 197-11-158 on February 8, 2005. This determination is
final and fulfils the City's responsibility for disclosure of potential, significant
environmental impacts. The Hearing Examiner may take action to deny or condition the
proposal based on impacts identified in the environmental checklist or other
environmental documents.
The Mitigated Determination of Non-significance was issued with the following
conditions:
The developer shall mitigate transportation impacts based on the new residential
P.M. peak hour trips generated by the project. The Transportation Facility
Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit.
The proponent will be responsible for a TFC of $757.50 per dwelling unit which is
payable at time of building permit. Credit should be given for the existing single-
family dwellings.
• Prior to final subdivision approval, the developer shall complete the following
transportation improvements:
a. The east half of Burnett Road shall be improved to City Standards for a
Neighborhood Collector along the property frontage.
b. All interior streets shall be improved to City Standards for Local Access
Residential.
• Temporary erosion control systems to be approved by the City of Yelm.
• Applicant shall provide at least 5% of total acreage as qualified open space.
• The developer shall enter into an agreement with Yelm Community Schools to
mitigate project impacts to the School District.
Lots Size and Setbacks
The Yelm Zoning Code does not establish minimum or maximum lot sizes, although it
does require standard yard setbacks of 15 feet from the front property line adjacent to
local access road with a minimum 20 foot driveway approach, 5 feet from side property
lines with a minimum of 12 feet between the two side yards, and 25 feet from the rear
property line. The setback for a flanking yard is 15 feet from the property line.
For traffic safety and clear sight distance, driveway locations on corner lots should be
specified through the subdivision process and should become a condition of final
subdivision approval.
The lots within the proposed preliminary subdivision appear to contain sufficient area to
meet setback and fot coverage requirements, if conditioned as recommended.
Adjacent Land Uses and Zoning
The property to the north is developed with a duplex. The property east and south are
residential subdivisions, and the property to the west is county property zoned Rural
Residential 1 unit to 5 acres.
March 21, 2005 Page 3 of 10
The plat as conditioned meets City of Yelm development requirements, and is a
compatible use with surrounding properties.
Open Space
The Growth Management Act establishes a goal for open space and recreation that
states "encourage the retention of open space and development of recreational
opportunities, conserve fish and wildlife habitat, increase access to natural resource
lands and water, and develop parks" [RCW 36.70A.020(9)].
Chapter 14.12 YMC provides guidelines for the retention and creation of open space
within the City. This chapter requires a minimum of five percent of the gross area of a
new subdivision be dedicated as usable open space. Appropriate uses of dedicated
open space include:
• Environmental interpretation or education
• Parks, recreation lands, or athletic fields
• Footpaths or bicycle trails
No more than five percent of any dedicated open space uses may be impermeable
surfaces accessory to the open space itself, and open space must be sited so as to be
suitable for its intended purpose and at least 75% of the open space must be
assessable to either the general public or all residents of the associated development.
Schools
New residential units create a demand for additional school services and facilities. The
Yelm School District requests that the applicant enter into an agreement with the school
district for the payment of mitigation fees based on the project's impact.
This request for a mitigation agreement between the applicant and the school district
became a condition of the Mitigated Determination of Non-significance issued pursuant
to the State Environmental Policy Act.
Transportation and Site Access
The City of Yelm Development Guidelines and the concurrency requirements of Chapter
15.24 YMC require all new subdivisions to improve street frontages to current City
standards. Burnett Road is identified as a Neighborhood Collector Street, which
requires a 16 foot travel lane, vertical curb, a 7-foot planter strip with street trees 35 feet
on center and "No Parking" signs, a 5 foot sidewalk, and street lighting.
Streets within the subdivision will be constructed to the local access standard and
dedicated to the City upon final subdivision approval. A local access street includes two
March 21, 2005 Page 4 of 10
11 foot travel lanes, two 7 foot parking lanes, a concrete rolled edge curb and gutter, a 6
foot planter strip with street trees 35 feet on center, a 5 foot sidewalk on one side of the
street, and street lighting.
Chapter 16.16.090 YMC requires that the layout of new subdivisions provide for the
continuation of streets existing in adjoining subdivisions and to provide for the
continuation of new streets within the subdivision to adjacent properties that have not
been subdivided. The applicant proposes to create two street connections. The
connection to the east would continue the east/west connection. The applicant also
proposes to provide right-of-way for a future connection to the north, which exceeds the
minimum requirement.
The plat, as proposed, meets this standard by connection to the residential subdivision
to the east and a future street connection to the north.
The completed project will increase traffic and impact the City's transportation system.
Chapter 15.40, Concurrency Management, requires all development to mitigate impacts
to the City transportation system. A single family home generates 1.01 p.m. peak hour
trips per unit. The Transportation Facility Charge per unit is $757.50 and payable at
time of building permit issuance.
Parking
Chapter 17.72 YMC requires minimum parking ratio of two spaces per dwelling unit,
which is typically met in subdivisions within a standard driveway. On-street parking is
allowed on both sides of local access residential streets
Water System
The City's Water Comprehensive Plan identifies the property as being within the water
service area and the property is currently served by City water.
The current fee to connect to the City water system is $1,500.00 per Equivalent
Residential Unit (each ERU equals 900 cubic feet of water consumption per month).
There is an existing water main located on Burnett Road, at the southern property
corner of the site.
The proposed subdivision would be required to connect to the City's water system and
the projects internal roadways will be required to have a water main installed to serve
fire hydrants and individual services.
March 21, 2005 Page 5 of 10
Any existing well(s) on the property must be decommissioned per Department of
Ecology standards and any water rights associated with these wells shall be dedicated
to the City of Yelm. The existing home is required to connect to the City water system.
The City of Yelm is dedicated to providing the best quality water possible to its
consumers. Section 246-290-490, WAC, requires that the City take measures to ensure
that contamination does not occur as a result of cross contamination.
An irrigation meter may be installed for the purpose of irrigation. A backflow prevention
device will be required for all landscape irrigation connections between the irrigation
system and the water meter. This also includes any individual irrigation systems that
may be located on any individual lot within the subdivision.
Identified in the 2002 City of Yelm Water Comprehensive Plan is a requirement to install
fire hydrant locks as part of the City's water conservation and accountability program.
In 2004, the City was also required to complete a vulnerability assessment in response
to the new homeland security measures as a result of 9/11.
Sewer System
The City's Sewer Comprehensive Plan identifies the property as being within the sewer
service area.
The current fee to connect to the City sewer system is $5,417.00 per Equivalent
Residential Unit (each ERU equals 900 cubic feet of water consumption per month).
Any existing on-site sewage disposal system(s) shall be abandoned per Thurston
County Health Department standards.
There is an existing sewer main located in Burnett Road at the southern property corner
of the site.
Stormwater Quality and Quantity
Impervious surfaces create stormwater runoff which, when uncontrolled and untreated
can create health, safety, and environmental hazards. The City of Yelm has adopted
the 1992 Department of Ecology Stormwater Manual, which requires all development to
treat and control stormwater.
The applicant has submitted a preliminary stormwater report which includes a
conceptual design for the treatment and infiltration of the stormwater. The Community
Development Department has reviewed this report and finds that stormwater from the
site can be managed appropriately through the conceptual plan.
March 21, 2005 Page 6 of 10
Stormwater facilities require continued maintenance to ensure they remain in proper
working condition.
Street Lighting
Adequate street lighting is necessary to provide safety to pedestrians, vehicles, and
homeowners. Street lighting is reviewed at the time of civil plan review in order to
assure adequate lighting.
Subdivision Name and Addressing
A subdivision name must be reserved with the Thurston County Auditor's Office prior to
submitting for final subdivision approval.
Addressing and street naming within the subdivision will be assigned by the Community
Development Department prior to application for final subdivision approval.
Landscaping
Landscaping and screening are necessary to provide screening between compatible
and incompatible land uses, to safeguard privacy and to preserve the aesthetic assets
of the City. Chapter 17.80 YMC requires all development to provide on site
landscaping.
The site is adjacent to properties that are compatibly zoned. Chapter 17.80 YMC
requires that the perimeter of the site be landscaped with a Type II landscaping. In
residential subdivisions the City allows fencing to meet the landscaping requirement for
the perimeter of the site. Landscape requirements shall be installed and approved prior
to application for final plat.
Landscaping is required in open space and above ground stormwater facilities.
Chapter 17.80 YMC requires that at time of civil plan review and approval the applicant
provide the Community Development Department a detailed final landscape and
irrigation plan for approval.
Section 17.80.090 (F) YMC states that the owner/developer of any project requiring site
plan review approval, subdivision approval, or short subdivision approval shall provide a
performance assurance device in order to provide for maintenance of the required
landscaping until the tenant or homeowners' association becomes responsible for
landscaping maintenance. The performance assurance device shall be 150 percent of
the anticipated cost to maintain the landscaping for three years.
March 21, 2005 Page 7 of 10
Staff Recommendation
Section 16.12.170 YMC requires written findings prior to a decision on a preliminary
subdivision.
The applicant has established that the proposed subdivision, if conditioned, adequately
provides for the public health, safety and general welfare and for such open spaces,
drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation,
schools, and sidewalks.
That the public use and interest will be served by the subdivision of the property, if
conditioned.
The subdivision, if conditioned, is in conformance with the Yelm-Thurston County Joint
Comprehensive Plan, the City of Yelm Zoning Code, the City of Yelm Subdivision Code,
the Shoreline Management Act and the Thurston County Shoreline Master Program,
and the City of Yelm Development Guidelines.
The Hearing Examiner should approve the preliminary subdivision with the following
conditions:
1. Those corner lots specified below shall place driveways and fronts of houses as
follows:
Lot 7 -Driveway faces the south, house fronts to the south.
Lot 10 -Driveway faces the south, house fronts to the south.
2. Frontage improvements to Burnett Road shall be constructed per Yelm
Development Guidelines "Neighborhood Collector".
3. Internal streets within the subdivision will be constructed per Yelm Development
Guidelines for "Local Access Residential'; and shall be modified near the
connection to the east with "bulb-outs" to provide for traffic calming.
4. The applicant shall submit civil plans including a phasing plan for the future street
connection to the North that includes a shared temporary access, and addresses
water and sewer connections now and when the future road is constructed.
5. The applicant shall provide for sidewalk connections to the entrance into the
subdivision to the east.
6. The applicant shall mitigate transportation impacts based on the new peak P.M.
trips generated by the project. The Transportation Facility Charge (TFC) shall be
March 21, 2005 Page 8 of 10
based on 1.01 new peak P.M. trips per single family dwelling, payable at time of
building permit issuance.
7. Each dwelling unit with the subdivision shall connect to the City water system.
The connection fee and meter fee will be established at the time of building
permit issuance.
8. All conditions for cross connection control as required in Section 246-290-490
WAC.
9. The applicant shall be responsible for the installation of hydrant locks on all fire
hydrants required and installed as part of development. The applicant shall
coordinate with the Yelm Public Works Department to purchase and install
required hydrant locks. Hydrant lock details shall be included in Civil Plan
Submission.
10. All planting strips and required landscaping not located within 75' of a hose
spigot on an individual lot shall be served by an irrigation system with a separate
water meter and an approved backflow prevention device. The applicant shall
submit a final landscape and irrigation plan at the time of civil plan submission.
11. Each dwelling within the subdivision shall connect to the City S.T.E.P. sewer
system. The connection fee and inspection fee will be established at the time of
building permit issuance.
12. The applicant shall design and construct all stormwater facilities in accordance
with the 1992 DOE stormwater Manual, as adopted by the City of Yelm. Best
Management Practices (BMP's) are required during construction.
13. The applicant shall submit a final stormwater plan with civil engineering plans
and shall include an operation and maintenance plan.
14. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells.
15. The stormwater system shall be held in common by the Homeowners
Association. The Homeowners Agreement shall include provisions for the
assessment of fees against individual lots for the maintenance and repair of the
stormwater facilities.
16. The applicant shall submit a fire hydrant plan to the Community Development
Department for review and approval as part of the civil engineering plans prior to
final subdivision approval.
17. The applicant shall submit fire flow calculations for all existing and proposed
hydrants. All hydrants must meet minimum City standards.
March 21, 2005 Page 9 of 10
18. Per the City of Yelm's Development Guidelines, street lighting and interior street
lighting will be required. Alighting design plan shall be submitted to the
Community Development Department for review and approval.
19. Prior to the submission final plat application, the applicant will provide the
Community Development Department an addressing map for approval.
20. The applicant shall comply with the mitigation requirements of the MDNS issued
on February 8, 2005.
21. The applicant shall submit a final landscaping and irrigation plan with the civil
engineering plans to include the perimeter of the project site, planter strips, and
stormwater facilities.
22. The applicant shall provide a performance assurance device in order to provide
for maintenance of the required landscaping until the tenant or homeowners'
association becomes responsible for landscaping maintenance. The performance
assurance device shall be 150 percent of the anticipated cost to maintain the
landscaping for three years.
Based on the Analysis and Conditions of Approval above, staff recommends that the
Hearing Examiner approve SUB-04-0218-YL.
March 21, 2005 Page 10 of 10
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Civil .Land Planning .Project Management ~1 t' = ao'
A
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City of Yelm
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b~~~Y." YELM, WA 98597
YELM 360-458-3835
WASHINGTON
NOTICE OF APPLICATION
Mailed on: January 10. 2004
PROJECT NAME AND LOCATION: Burnett Estates
East side of Burnett Road, North of SR 510
LAND USE CASE: SUB-04-0218-YL
An application submitted by Rainier General Development, P.O. Box 627, Rainier, WA 98576, for the
above referenced project was received by the City of Yelm on December 30, 2004. The City has
determined the application to be complete on January 10, 2005. The application and any related
documents are available for public review during normal business hours at the City of Yelm, 105 Yelm
Avenue W., Yelm WA. For additional information, please contact the Community Development
Department at 360-458-3835.
PROJECT DESCRIPTION: Preliminary Plat Subdivision of 4.81 acres into 18 single family lots
ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: An
Environmental Checklist and Preliminary Drainage Report were submitted with the application.
Additional Information or Project Studies Requested by the City: No additional
information has been requested by the City at this time.
No preliminary determination of consistency with City development regulations has been made.
At minimum, this project will be subject to the following plans and regulations: City of Yelm
Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design
and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title
(14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program.
The City of Yelm invites your comments early in the review of this proposal. Comments should be
directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm WA 98597, 360-
458-3835.
THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON January 25, 2005.
This notice has been provided to appropriate local and state agencies, and property owners within 300
feet of the project site. These recipients, and any others who submit a written request to be placed on the
mailing list, will also receive the following items when available or if applicable: Environmental Threshold
Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a
City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else
requesting the decision in writing. Additionally, there will be a 14-day public comment period if an
environmental determination is issued. Opportunities for appeal occur within twenty one (21) days after
the date the environmental determination is issued. City Council decision can be appealed through
Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final
Decision.
1:\SUB Full Plat Subdivision\04-0218 Burnett Cstatcs Prelim\Notice ot'Applicalion.doc
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SEPA NO: 04-0218
MITIGATED DETERMINATION OF NONSIGNIFICANCE
Proponent: Rainier General Development
Description of Proposal: Subdivide 4.81 acres into 18single-family residential lots. The project
includes the construction of stormwater facilities, interior streets, and
street improvements to Burnett Road.
Location of the Proposal: The project site is located on the east side of Burnett Road, North of
Prairie Vista Loop SE.
Section/Township/Range: Section 13, Township 17 North Range 1 East, W.M.
Threshold Determination: The City of Yelm as lead agency for this action has determined that
this proposal does not have a probable significant adverse impact on
the environment. Therefore, an environmental impact statement (EIS)
will not be required under RCW 43.21C.030(2)(c). This decision was
made after review of a completed environmental checklist and other
information on file with the lead agency. This information is available
to the public on request.
Conditions/Mitigating Measures: SEE ATTACHED
Lead agency: City of Yelm
Responsible Official: Grant Beck, Community Development Director
Date of Issue: February 8, 2005
Co n e line: February 22, 2005
ppeal ea March 1, 2005
./ /
Grant Beck, Community Development Director
Tamils 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 22,
2005, at 5:00 P.M. The City of Yelm will not act on this proposal prior March 1, 2005, 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 1, 2005 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 11, 2005
Posted in public areas: Wednesday, February 9, 2005
Copies to: All agencies/citizens on SEPA mailing list and adjacent property owners
Dept. of Ecology w/checklist
ATTACHMENT
SEPA Case Number 04-0218
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 (December 29, 2004, prepared by Olympic Engineering Svcs.)
• Preliminary Storm Drainage Report (December 2004, prepared by Olympic Engineering Svcs.)
2. The City of Yelm has adopted a concurrency management system as required by the Growth
Management Act. Chapter 15.40 YMC (concurrency Management) is designed to ensure that
the improvements required to support development are available at the time of development. A
concurrency determination may be issued for a proposal as it relates to transportation issues
when: the development provides on-site frontage improvements; the project makes off-site
improvements as necessary to provide for the safe movement of traffic; and the project makes a
contribution to projects identified the six year transportation improvement program in the form of a
Transportation Facilities Charge.
The City's Comprehensive Transportation Plans connectivity policy recognizes that increasing
connections throughout the City not only reduces traffic congestion, but also increases the sense
of unity of the community. Section 16.16.090 Yelm Municipal Code (YMC) states that the layout
of streets shall provide for continuation of streets existing in adjoining subdivisions.
The proposed connection to the subdivision that is currently in construction to the east meets the
connectivity policies of the City.
3. Chapter 14.12 YMC requires the dedication of open space for all residential development.
Section 14.12.050 YMC lists four (4) attributes for qualification of open space. The applicant
proposes open space to include recreation.
4. The Yelm School District has adopted a school mitigation requirement based on the demand that
new residential units create for additional school services and facilities. Additional demands on
the school system will be mitigated through the requirement that the developer enter into a
mitigation agreement with the District.
Mitigation Measures
The developer shall mitigate transportation impacts based on the new residential P.M. peak hour
trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01
new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50
per dwelling unit which is payable at time of building permit. Credit should be given for the
existing single-family dwelling.
2. Prior to final subdivision approval, the developer shall complete the following transportation
improvements:
a. The east half of Burnett Road shall be improved to City Standards for a Neighborhood
Collector along the property frontage.
b. All interior streets shall be improved to City Standards for Local Access Residential.
3. Temporary erosion control systems to be approved by the City of Yelm.
4. Applicant shall provide at least 5% of total acreage as qualified open space.
5. The developer shall enter into an agreement with Yelm Community Schools to mitigate project
impacts to the School District.
4.
04
f,
v
~~'~`~ ixxs ~ ~
STATE OF WASHINGTON
January 25, 2005
DEPARTMENT OF ECOLOGY
PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300
Ms. Tami Merriman
Community Development Department
City of Yelm
PO Box 479
Yelm, WA 98597
Dear Ms. Merriman:
.,
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Your address
is in the
watershed
~~_<
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~", eft
~~DO/ a
Thank you for the opportunity to comment on the notice of application for the Burnett Estates
Preliminary Plat Subdivision project (Land Use Case No. SUB-04-0218-YL) located on the east side
of Burnett Road, north of SR-510 as proposed by Rainier General Development. We reviewed the
application notice and have the following comments:
WATER QUALITY: Margaret Hill (360) 407-0246
Erosion control measures must be in place prior to any clearing, grading, or construction. These
control measures must be effective to prevent stormwater runoff from carrying soil and other
pollutants into surface water or storm drains that lead to waters of the state. Sand, silt, clay particles,
and soil will damage aquatic habitat and are considered to be pollutants.
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.
During construction, all releases of oils, hydraulic fluids, fuels, other petroleum products, paints,
solvents, and other deleterious materials must be contained and removed in a manner that will prevent
their discharge to waters and soils of the state. The cleanup of spills should take precedence over other
work on the site.
If you have any questions or would like to respond to these comments please contact the appropriate
reviewing staff listed above.
Department of Ecology
Southwest Regional Office
(AW: Burnett Estates)
cc: Margaret Hill, WQ
Rainier General Development (Applicant)
i~i
I/ OF tH~ p~Q~
~~ ~.' Ci o Yelm
a M
~'~'~,
' 105 Yelm Avenue West
P.O. Box 479
YELM Yelm, Washington 98597
WASNINOTON
(360) 458-3244
NOTICE OF PUBLIC HEARING
YELM HEARING EXAMINER
DATE: Monday, April 4, 2005, 9:00 a.m.
PLACE: Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
PURPOSE: Public Hearing to receive comments regarding the proposed Burnett Estates
subdivision of 4.81 acres into 18single-family residential lots.
Case #SUB-04-0218-YL
APPLICANT: Rainier General Development, Mr. Doug Bloom
non IC/~T 1 rl/'~ATI/Y\1. Of1dA A..-.--u r~__J nr v-1._ uI~ nnrn~
r r.v..w r ~.vvr~ r rvrr. va rv uur rrcu rwau .~~, r cun, •rM wcr~r
The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the
proposed Burnett Estates subdivision. The Hearing Examiner w II 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, Apri 14, 2005. 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, Pt) 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
Q~ ~ ~~~
Agnes Bennick, City Clerk
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News: Friday, March 25, 2005
Mailed to Adjacent Property Owners and Posted in Public Places : Monday, March 21, 2005.
(360) d58-3835
(360) X158-31-1.1 FAX
u~u~u~.ci.velm.u~n.us
The City of Yelm is an Equal Opportunity Provider
CF THE p~p~
9' Ci o Yelm
ty
a M
105 Yelm Avenue West
P.O. Box 479
YELM Yelm, Washington 98597
WASHINGTON
(360) 458-3244
NOTICE OF PUBLIC HEARING
YELM HEARING EXAMINER
DATE: Monday, April 4, 2005, 9:00 a.m.
PLACE: Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
PURPOSE: Public Hearing to receive comments regarding 'the proposed Burnett Estates
subdivision of 4.81 acres into 18single-family residential lots.
Case #SUB-04-0218-YL
APPLICANT: Rainier General Development, Mr. Doug Bloom
PROJECT LOCATION: 8910 Burnett Road SE, Yelm, WA 98!i97
The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the
proposed Burnett Estates subdivision. The Hearing Examiner w II 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, Apri 14, 2005. 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, P~~ 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
Q~ ~ ~~~
Agnes Bennick, City Clerk
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News: Friday, March 25, 2005
Mailed to Adjacent Property Owners and Posted in Public Place:: Monday, March 21, 2005.
(360) 458-3835
(360) 458-31-14 FAX
u~wm.ci.yelm.wa.us
The City of Yelm is an Equal Opportunity Provider
Page 1 of 1
Roberta Allen
From: Roberta Allen
Sent: Monday, March 21, 2005 8:45 AM
To: Classfds@Nisquallyvalleyonline. Com (classfds@nisquallyvalleyonline.com)
Cc: Tami Merriman
Subject: Publish Notice of Public Hearing
Please publish the attached Notice of Public Hearing in the Friday, March 25, 2005 edition of the Nisqually Valley
News.
Thank You,
Roberta Allen
City of Yelm
Community Development Department
360.458.3835
3/21/2005
JRN-25-005 TUE 01 49 PM DOE SW REGIONAL OFFICE FAX N0. 360 407 6305
,F ~ ~`~
ji _ 1
Y3, _' l\
f Ib~;f
STATE OF WASHII~~GTOtV
}~ENARTMENT O}= ECOLOGY
/'c? Box 47'-
•i5 ` CjlYmp~a, Washington 9.4,04-7775 (360) 407-6300
January 2S, 2005
Ms. Tami Merriman
Community Development Department
City of Yelm
PO Box 479
Ye1m, WA 98597
Dear Ms. Merriman:
`~ Your adds
~ ~ is in the
~~3 tV6:~c~~~~!
watershec
Thank you for the opportunity to comment on the notice of application for the Bume
Preliminary Plat Subdivision project (Land Use Case No. SUB-04-0218-YL} located
of Burnett Road, north of SR-510 as proposed by Rainier General Development. We
application notice and have the following comments;
WATER QU~,ITy; Margaret Hil1(360) 407-024b
Erosion control measures must be in place prior to any clearing, grading, or constructi
control measures must be effective to prevent stormwater runoff from carrying soil any
pollutants into surface water or storm drains that lead to waters of the state. Sand, silt,
and soil will damage aquatic habitat and are considered to be pollutants.
Any discharge of sediment-laden runoff or other pollutants to waters of the state is in v
Chapter 90.48, Water Pollution Control, and WAC l 73-201A, Water Quality Standard;
Waters of the State of Washington, and is subject to enforcement action.
During construction, all releases of oils, hydraulic fluids, fuels, other petroleum produce
solvents, and other deleterious materials must be contained and removed in a manner th
their discharge to waters and soils of the state. The cleanup of spills should take Ureceri
work on the site.
If you have any questions or would like to respond to these comments please contact the
reviewing staff listed above.
Department of Ecology
Southwest Regional Office
(AW: Burnett Estates)
cc: Margaret Hill, WQ
Rainier General Development (Applicant)
P, 01
states
the east side
iewcd the
. These
>ther
ay particles
lation of
~r Surface
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City of Yelm
~/ \~ Community Development Department
PO BOX 479
YELM, WA 98597
YELM 360-458-3835
WASHINGTON
NOTICE OF APPLICATION
Mailed on: January 10, 2004
PROJECT NAME AND LOCATION: Burnett Estates
East side of Burnett Road, North of SR 510
LAND USE CASE: SUB-04-0218-YL
An application submitted by Rainier General Development, P.O. Box 627, Rainier, WA 98576, for the
above referenced project was received by the City of Yelm on December 30, 2004. The City has
determined the application to be complete on January 10, 2005. The application and any related
documents are available for public review during normal business hours at the City of Yelm, 105 Yelm
Avenue W., Yelm WA. For additional information, please contact the Community Development
Department at 360-458-3835.
PROJECT DESCRIPTION: Preliminary Plat Subdivision of 4.81 acres into 18 single family lots
ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: An
Environmental Checklist and Preliminary Drainage Report were submitted with the application.
Additional Information or Project Studies Requested by the City: No additional
information has been requested by the City at this time.
No preliminary determination of consistency with City development regulations has been made.
At minimum, this project will be subject to the following plans and regulations: City of Yelm
Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design
and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title
(14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program.
The City of Yelm invites your comments early in the review of this proposal. Comments should be
directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm WA 98597, 360-
458-3835.
THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON January 25, 2005.
This notice has been provided to appropriate local and state agencies, and property owners within 300
feet of the project site. These recipients, and any others who submit a written request to be placed on the
mailing list, will also receive the following items when available or if applicable: Environmental Threshold
Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a
City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else
requesting the decision in writing. Additionally, there will be a 14-day public comment period if an
environmental determination is issued. Opportunities for appeal occur within twenty one (21) days after
the date the environmental determination is issued. City Council decision can be appealed through
Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final
Decision.
I:ASUB Full Plat Subdivision\04-0218 Burnett EstaCes PrelimWotice of ApplicaUon.doc
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BIfYER ROAD 8E - --
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City of Yelm
Community Development Department
P.O. Box 479
Yelm, WA 98597
(360) 458-3835
(360) 458-3144 FAX
Memorandum
To: SPRC
From: Roberta Allen, Administrative Assistant
Date: February 22, 2005
Re: SUB-04-0218YL -Project Review for Burnett Estates Preliminary Plat
Attached is the REVISED Site Plan for the above referenced project.
I:\SUB Full Plat Subdivision\04-0218 Burnett Estates Prelim\Revised Site Plan Memo.doc
PRELIMINARY PLAT APPLICATION PROCESS
Preliminary Plat application gets an SUB land case file.
A Preliminary Plat Subdivision requires a Public Hearing and Hearing Examiner
action, and SEPA.
Public Hearing means the Notice of Application and the Notice of Public Hearing
goes to the Nisqually Valley News, and the 300' adjacent property owners.
Notice needs to be made 10 days prior to the Public Hearing.
~f'ie SPR Memo, with the project review dates, goes to the normal SPR
~/ Distribution list, as well as Applicant/Owner so that they have the SPR schedule.
/The Project Review List gets the Notice of Application.
NOTE: All current and delinquent taxes must be paid prior to approval.
R:\Forms & Procedures\Prelim Plat\PrelimPlatApp Process.doc