Project Rev & Correspondence~~~ STATE o~
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STATE OF WASHINGTON OFCO ~~`/~
DEPARTMENT OF ECOLOGY 6' j
PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300 OO'f
December 1, 2005
Doug Bloom
Rainier General Development
PO BOX 627
Yelm WA 98576
Dear Mr. Bloom:
Re: City of Yelm Permit # SHO-OS-0240-YL
RAINIER GENERAL DEVELOPMENT -Applicant
Shoreline Substantial Development Permit # 2005-SW-02824
Purpose of this letter:
This letter is to inform you that on November 23, 2005, the Department of Ecology received notice that
the City of Yelm approved your application for a Shoreline Substantial Development Permit. The permit
is to subdivide approximately 5.6 acres into 23 single family residential lots partially within shoreline
jurisdiction of Yelm Creek (Chapter 90.58, Revised Code of Washington).
What happens next?
The law requires that you must wait at least twenty-one (21) days from the date that we received this
decision from Yelm before you begin the specific activities authorized by this permit. Therefore, you
cannot lawfully begin those activities until after December 14, 2005. This waiting period is to allow
anyone disagreeing with any aspect of your permit to appeal to the state Shorelines Hearings Board.
If anyone does appeal your permit, you must wait until the appeal is over before you start work. The
Shorelines Hearings Board will notify you by letter if they receive an appeal. To be sure that the
Shorelines Hearings Board has not received an appeal, we advise you to call them at (360) 459-6327
before you begin work.
If this permit is NOT appealed, this letter constitutes the Department of Ecology's final notification of
action on this shoreline permit. Other federal, state and local permits may be required in addition to
this shoreline permit. If you have any questions I can be reached at (360) 407-6520.
Sincerely,
1~~~
Kim Van Zwale urg
Shoreline Specialist
Shorelands and Environmental
Assistance Program
KVZ:dn
cc: Tami Merriman, City of Yelm
,a ~~~
ment Act Local permit no. SHO-05-0240-
YL
ansmittal Letter
State permit no.
To: (appropriate Ecology office)
Southwest Regional Office
Receipt Date: (provided by Ecology)
Shoreline Manage
Permit Data Sheet and Tr
From: (local government)
City of Yelm
Transmittal Date: November 22, 2005
Type of Permit: (Indicate all that apply)
® Substantial Development
^ Conditional Use
^ Variance
^ Revision
^ Other
Applicant Information:
Name: Rainier General Development
Address: P.O. Box 627, Rainier, WA 98576
Phone(s): 360-446-3083
Local Government Decision:
^ Approval
® Conditional Approval
^ Denial
Applicant's Representative: (If primary contact)
Name:
Address:
Phone(s):
Is the applicant the property owner? ®Yes ^ No
Location of the Property: (Section, township, and range to the nearest %4, %< section or latitude and longitude, and a
street address where available.)
S18, T17N, R2E, WM Thurston County Tax Parcel Numbers 22718330102, and 22718330304, 1311 & 1405 Crystal
Springs Road, Yelm, WA 98597
Water Body Name: Yelm Creek Shoreline of State Significance: ®Yes ^ No
Environment Designation: Rural
Project Description: (Summary of the intended use or project purpose)
Subdivide approximately 5.6 acres into single family residential lots.
Notice of Application Date: August 9, 2005 Final Decision Date: November 17, 2005
By: (Local government primary contact on this application)
Tami Merriman, Assistant Planner, City of Yelm
Phone: 360-458-8496
OFFICE OF THE HEARING EXAMINER
CITY OF YELM
REPORT AND DECISION
CASE NO.: SUB-05-0239-YL and SHO-05-0240-YL
YELM CREEK ESTATES
APPLICANT: Rainier General Development, Doug Bloom
AGENT: Olympic Engineering, Chris Merritt
SUMMARY :~F REQUEST:
The applicant is proposing to subdivide approximately 5.6 acres into 23 single family
residential lots. The property is zoned R-6 Medium Density Residential, which allows up
to six dwelling units per acre. The site encompasses two parcels. There is an existing
dwelling unit which will remain on one lot, and other accessory buildings that will be
demolished.
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 November 7, 2005.
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" - Storm Drainage Plan
TAMI MERRIMAN appeared, presented the Planning and Community Development
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Department Staff Report, and testified that the City provided proper notice and that the
responsible official issued an MDNS, but received no appeals. The plat will provide
shoreline access by means of a paved path meeting ADA standards. The shoreline of Yelm
Creek is designated Rural which allows a maximum of two dwelling units per acre, and the
applicant meets said density by providing four lots within the shoreline jurisdiction.
DOUG BLOOM appeared and testified that he has worked with City staff on the project and
has no questions or concerns.
CHRIS MERRITT, professional engineer, appeared and introduced Exhibit "2", the storm
drainage plan.
MARILYN ZEIBELL appeared and testified that lots 15, 16, and 17 and the cul-de-sac abut
her property. She uses an easement along the south side of the church to access her
property and utilities are located in the easen gent as well. According ~;, the survey her fenco
extends 16 feet onto the applicant's parcel. Her septic system is located behind her house
and part of it is within the survey area. She questioned the type of fence that will separate
her property from the plat.
MR. BLOOM reappeared and testified that they noted the encroachment of the fence and
that the plat map shows an easement to the south of the church. He proposes a six foot
high, cedar fence along the property line. He will work with Ms. Zeibell regarding the
property line issue.
No one spoke further in this matter and so 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 recorc, ~~ie;+~Jed
the property, heard testimony, and taken this matter under advisement.
2. 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 October 24, 2005. Notice of the date and time of the
public hearing was published in the Nisqually Valley News in the legal notice
section on October 21, 2005.
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3. The City of Yelm SEPA Responsible Official issued a Mitigated Determination of
Non-significance based on WAC 197-11-158 on September 2, 2005. No appeals
were filed.
4. The applicant has a possessory ownership interest in an "L" shaped, 5.6 acre parcel
of property abutting the west side of Crystal Springs Road NW and extending west
to the centerline of Yelm Creek. Improvements on the site include a single family
residential dwelling and accessory structures. The applicant requests preliminary
plat approval to allow subdivision of the site into 23 single family residential lots.
Development of the plat will require removal of all accessory structures, but the
single family dwelling located in the northcentral portion of the site will remain on
proposed lot eight.
5. The parce! abuts Crystal Springs ;~;oau for 192 feet and. ~~neasures 637 Feet in depth.
A rectangular parcel improved with a church is located within the interior of the "L"
at the southeast corner of the applicant's parcel adjacent to Crystal Springs Road.
At the west property line of the church parcel, the applicant's parcel expands to 360
feet in width. Yelm Creek, marking the west property line, flows in a
northeast/southwest direction.
6. The preliminary plat map shows a single plat road extending west from Crystal
Springs Road NW opposite its present intersection with View Drive NW. The internal
plat road extends west and then turns south where it terminates in a temporary cul-
de-sac near the south property line. Tiie internal plat right-of-way extends to the
south property line. All lots access onto the internal plat road. A 1.64 acre open
space/storm tract separates the developed portion of the parcel from Yelm Creek.
7. Parcels to the north and south are improved with single family residential dwellings
on large lots and unplatted parcels to the west across Yelm Creek are within a rural
zone. Parcels to the east across Crystal Springs Road are improved with urban
density residential subdivisions.
8. The site is located withir: the l~~loderate Density Residential (R-6) zone classification
of the Yelm Municipal Code (YMC). Section 17.15.uL0(f1) 'fi"JC auth~ rites single
family residential subdivisions which do not exceed a density of six dwelling units
per gross acre nor fall below a minimum of three dwelling units per gross acre. The
proposed subdivision proposes a gross density of 4.9 dwelling units per acre which
meets said criteria. The R-6 classification has no minimum lot size or lot width
requirements, but does require setbacks from streets, side yards, and rear yards,
and also has maximum building area and development coverage requirements.
Staff expressed concerns about whether several lots will contain sufficient area to
allow construction of a reasonably sized home. The applicant provided assurance
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at the hearing that said lots can support a home, and a condition requires the
applicant to shows the City house plans that will fit on all lots and meet the bulk
regulations of the R-6 classification. The plat proposes a minimum lot size of 4,159
square feet and an average lot size of 5,477 square feet. Assuming compliance with
conditions of approval, the project satisfies the bulk regulations of the R-6 zone
classification.
9. The western 200 feet of the parcel is located within the Rural Shoreline Environment
of the Shoreline Master Program for the Thurston Region (SMP). The Rural
Environment limits residential densities within the 200 foot wide shoreline
jurisdiction to two dwelling units per acre and requires a minimum setback of 50 feet
from the ordinary high water mark. Portions of lots 8, 9, 10, and 11 are located
within the shoreline jurisdiction, but no lots are located within the 50 foot wide
setback from either Yelm Greek or its associated wetlands. All lots are also located
outside of flood zones asociatc:c wil:i ~ the creek. The i~iDl'vS requires the applicant
to provide an erosion control plan to protect the flood zone, and to leave the creek,
associated wetlands, and flood zone in their natural state. All development to
include the storm drainage facilities will be located outside of the flood zone and 50
foot wide setback from creek and wetlands.
10. The SMP authorizes access to shorelines only in a manner which preserves or
enhances its characteristics. The applicant proposes a pedestrian access to the
shoreline area between lots 14 and 15, but will leave the shoreline itself
undisturbed.
11. The SMP expresses concerns regarding the location of transportation and waste
disposal systems within the shoreline jurisdiction. The preliminary plat map shows
all public roadways outside of the shoreline jurisdiction area and only four single
family driveways and a stormwater facility within said jurisdiction. Sanitary sewers
will serve all lots in the plat. The project ensures protection of the shoreline by
dedicating the creek, flood zone, and all buffers to the City as open space. The
preliminary plat satisfies all SMP policies and criteria.
12. Chapter 14,12 YMC requires that a plat applicant dedicate a minimum of 5% of the
gross area of the subdivision as usable open spac::. Vpe,z space saes may irt.lude
environmental interpretation or education, parks, recreation lands, athletic fields, or
foot paths/bicycle trails. The applicant proposes a 1.64 acre open space/storm tract
between the western tier of lots and Yelm Creek. Said area calculates to 29% of the
plat, and the applicant will improve said open space with a walking trail to the Yelm
Creek area. The plat makes appropriate provision for open spaces, parks and
recreation, and playgrounds.
13. A mitigating measures in the MDNS imposed pursuant to the authority of the State
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Environmental Policy Act (SEPA) requires the applicant to enter into a mitigation
agreement with the Yelm School District to offset the impacts of school aged
children residing in the plat on school services and facilities. Entry of the agreement
will ensure that the plat makes appropriate provision for schools and school
grounds.
14. To mitigate traffic generated by the plat, the applicant must improve the western half
of Crystal Springs Road across the plat frontage to City standards for a
neighborhood collector. Mitigation measures also require the improvement of all
interior streets to City local access residential standards and to provide a future
street connection to the south. Said standards will require a six foot wide planter
strip with street trees 35 feet on center, a five foot wide sidewalk on one side of the
street, a~~d streetlighting. The preliminary plat map shows the sidewalk on the south
side of the internal road. Adequate entering and stopping sight distance is available
at the ^i ;tersection of the i:7tF:rna p at r~:,aa ~n,ith Crysi~i :Springs Road, and ali lots Vliiii
access onto the internal plat road. The applicant must also comply with the City's
Transportation Facility Charge and make a payment of $757.50 per dwelling unit at
building permit stage. The project provides adequate parking for residents and
guests as on-site parking is allowed on both sides of local access residential streets.
The plat makes appropriate provision for streets, roads, alleys, and other public
ways.
15. The City of Yelm will provide both domestic water and fire flow to the site subject to
the applicant paying current fees, decommissioning any existing on-site wells, and
dedicating any water rights associated therewith to the City. The City will also
provide sanitary sewer service to all lots from an existing sewer main located in
Crystal Springs Road. The plat makes appropriate provision for potable water
supplies and sanitary waste.
16. As previously found, the applicant will construct curb, gutters, and sidewalks on the
south side of the internal plat road and on the west side of Crystal Springs Road
across the plat frontage. The applicant must also install adequate streetlighting to
ensure safety for pedestrians, vehicles, and homeowners. The plat makes
appropriate provision for safe walking conditions.
17. The preliminary storm drainage plan shows water collected in catch basins within
the internal plat road and directed to a bioswale extending from the cul-de-sac
between lots 14 and 15 to an infiltration pond located immediately west of said lots.
The applicant will construct all storm drainage facilities to City standards and
therefore the plat makes appropriate provision for drainage ways.
18. The applicant must submit a detailed final landscape and irrigation plan at the time
of civil plan review. Chapter 17.80 YMC requires the perimeter of the parcel
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landscaped with Type 2 landscaping. The City allows fencing to meet said
landscaping requirements as an alternative. The owner of the property abutting lots
a portion of the south property line has requested a fence along her property line.
A condition of approval requires the installation of a six foot high, solid board fence
along said property line. A condition also requires the applicant to work with said
property owner to resolve any property line encroachments.
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The applicant has shown that the proposed preliminary plat of Crystal Springs
Estates is consistent with the R-6 zone classification of the YMC and meets all
dF-velopment criteria of t~ ~e YIViC. Th,,~. appiicanf i~~as ~~iso ;shown that tie portion o~
the preliminary plat within the jurisdiction of the Shoreline Master Program for the
Thurston Region satisfies all requirements of the Rural Shoreline Environment as
well as all policies and regional plan elements.
3. In accordance with Section 16.12.170 YMC, the proposed preliminary plat makes
appropriate provision for the public health, safety, and general welfare for open
spaces, drainage ways, streets, roads, alleys, transit stops, potable water supplies,
sanitary waste, parks and recreation, playgrounds, schools and school grounds, and
safe walking conditions.
4. The proposed preliminary plat will serve the public use and interest by providing an
attractive location for a single family residential subdivision while at the same time
providing significant protection for Yelm Creek and its associated wetlands.
Therefore, the proposed preliminary plat should be approved subject to the following
conditions:
1. The conditions of the Mitigated Determination of Non-significance are hereby
referenced and are considered conditions of this approval.
2. The applicant shall submit civil plans that provide the sidewalk en the south
and wrap the cul-de-sac with a permanent sidewalk extending to the
easement between lots 14 and 15.
3. All construction, residential lots, and stormwater facilities shall remain outside
of the required 50-foot creek and wetland buffer.
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4. The applicant shall provide an easement to the City of Yelm for access to
Yelm Creek.
5. Any fences or debris located within the creek and 50 foot buffer shall be
removed. A removal plan which identifies impacts to the creek and bovver
shall be submitted to an approved by the Community Development
department.
6. A pedestrian access shall be provided to the shoreline area/open space.
This pedestrian pathway shall be ADA compliant to provide a 5-foot asphalt
surface, with slopes meeting ADA regulations. The proposed pathway shall
be shown on civil plans.
7. I_ot numbers 7, 20, anc! 23 sisal! either be reconfigured, or building plans
provided which show how setback requirements are met.
8. 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.
9. All conditions for cross connection control as required in Section 246-290-
490 WAC.
10. 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.
11. All planting strips and required landscaping located in Crystal Springs Road,
and in the o~~en space landscaping areas shall be served by an irrigation
system wli'~ a s?~:~sarzt~: ~r~a'~er meter anc of, appr~.,ved -;acl<flow oreVP.ntlOn
device. The applicant shall submit a final detailed landscaping and irri~atior~z
plan with the civil engineering plans to include the perimeter of the project
site, planter strips, and stormwater facilities.
12. 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
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maintenance. The performance assurance device shall be 150 percent of the
anticipated cost to maintain the landscaping for three years.
13. 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.
14. 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.
15. The applicant shall s~abmit a final stormwater plan with civil engineering plans
~~nd shall include a,i ~~aErati~~n and mainte,~ar~ce elan. ;III stormwater
facilities shall be located at least ten (10) feet from any property line.
16. All roof drain runoff shall be infiltrated on each lot utilizing individual drywells.
17. 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.
18. 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.
19. The applicant shall submit fire flow calculations for all existing and proposed
hydrants. All hydrants must meet minimum City standards.
20. Street lighting wil! be required. Civil plan s!abmittal shall include a lighting
design plan for review ~z;~d approval.
21. Prior to the submission of final plat application, the applicant will provide the
Community Development Department an addressing map for approval.
22. Prior to final plat application, a subdivision name must be reserved with the
Thurston County Auditor's Office.
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23. The applicant shall construct an attractive, well-built, six foot high, solid
board, cedar fence along the south property lines of lots 15, 16, and 17 and
the right-of-way abutting said south property line.
24. The applicant shall work with the property owner abutting the south property
line in an effort to resolve any property line issues prior to final plat approval.
DECISION:
The request for preliminary plat approval of Crystal Springs Estates is hereby r nted
subject to the conditions contained in the conclusions above.
ORDERED this 17th day of Novnrr~ber, t'~~05 ~~~~
STEPH N K. CAUSSEAUX, JR.
Hearing Examiner
TRANSMITTED this 17th day of November, 2005, to the following:
APPLICANT: Rainier General Development, Doug Bloom
P.O. Box 627
Rainier, WA 98576
AGENT: Olympic Engineering, Chris Merritt
1252 Devon Loop NE
Olympia, WA 98506
OTHERS:
Leslie/Vernon DeLavergne Marilyn Zeibell
Danielle DeLavergne 1307 Crysta! Springs Road
1405 NW Crystal Springs '-Zoac 'Yelm, tNA. 9859'
Yelm, WA 98597
City of Yelm
Tami Merriman
105 Yelm Avenue West
P.O. Box 479
Yelm, Washington 98597
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CASE NO.: SUB-05-0239-YL and SHO-05-0240- YL
YELM CREEK ESTATES
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. I_rroneous procecUres;
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 vas 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 November 29, 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
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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 (`(MC 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 tirne of filing a request for
reconsideration, please attach this page to the request for reconsideration.
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~,~~ Tip City o f Yelm
°' Community Development Department
105 Yelm Avenue West
P.O. Box 479
YELM Yelm, WA 98597
WASNINGTON
NOTICE OF PUBLIC HEARING
YELM HEARING EXAMINER
DATE: Monday, November 7, 2005, 9:00 A.M.
PLACE: City Council Chambers, City Hall
105 Yelm Ave West
Yelm, Washington
PURPOSE: Public Hearing to receive comments regarding the following applications:
Case Number SUB-05-0239-YL & SHO-05-0240-YL (Yelm Creek Estates). A proposal
by Rainier General Development to subdivide 5.6 acres into 23 residential lots on
property located west of Crystal Springs Road, and adjacent to Yelm Creek on assessor
parcel numbers 22718330102 & 22718330304.
Case Number SUB-05-0257-YL (Golf Course View Estates). A proposal by Rainier
General Development to subdivide 2.16 acres into 10 residential lots on property
located on Longmire St. on assessor parcel number 21724420700.
Case Number BSP-05-0197-YL & SPR-05-0160-YL (West Road Commercial). A
proposal by 3B&C LLC to create building pads for future commercial development, and
Site Plan Approval fora 5,600 sq.ft. commercial building on assessor parcel numbers
64303601701 and 64303601702.
Case Number APP-05-0197-YL (Appeal of MDNS Conditions). Public Meeting to hear
testimony from parties of record, regarding an appeal of certain conditions of the
Mitigated Determination of Nonsignificance issued for West Road Commercial binding
site plan case number BSP-05-0197-YL.
The City of Yelm Hearing Examiner will hold a public hearing to receive comments on
the proposals. The Hearing Examiner will make a decision on the matter within 10 days
after the hearing.
Testimony may be given at the hearings or through any written comments. Comments
must be received by the close of the public hearing. Such written comments may be
submitted to the City of Yelm at the address shown above or mailed to: City of Yelm,
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, October 21, 2005.
Posted in Public Areas: Wednesday, October 19, 2005.
/ ~O~ T~ I~
a
YELM
WASHINGTON
S TAFF REPOR T
City of Yelm
Community Development Department
Case Number: SUB-05-0239-YL and SHO-05-0240-YL
Applicant: Rainier General Development, Doug Bloom
Agent: Olympic Engineering, Chris Merritt
Request: Subdivide 5.6 acres into 23 single family residential lots.
Substantial Development Permit for Yelm Creek Shoreline
Recommendation: Approval with conditions
Exhibit I: Site plan July 26, 2005
Exhibit II: Notice of Application
Exhibit III: Mitigated Determination of Non-Significance & Comment Letters
Exhibit IV: Public Hearing Notice
Proposal
The applicant is proposing to subdivide approximately 5.6 acres into 23 single-family
residential lots. The property is zoned R-6 Medium Density Residential, which allows
up to 6 dwelling units per acre. The site encompasses 2 parcels. There is an existing
dwelling unit which will remain on one lot, and other accessory buildings that will be
demolished.
Property Characteristics
The property is located on Crystal Springs Road. The property is identified by
Assessor's Tax Parcel Numbers 22718330102 and 22718330304. The subject property
is bound to the north, south, and east by residential uses and to the west by Yelm
Creek. Yelm Creek is a Shoreline of the State. The applicant proposes to create 4
residential lots, and a stormwater treatment facility within the Shoreline Jurisdiction
area. The site and surrounding property is zoned for Residential Uses. The property to
the north and south each has one single family residence, and the properties to the east
are developed residential subdivisions.
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 August 9, 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 October 24, 2005.
Notice of the date and time of the public hearing was published in the Nisqually Valley
News in the legal notice section on October 21, 2005.
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.
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 September 2, 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. Credit
should be given for the existing dwelling.
^ Prior to final subdivision approval, the developer shall complete the following
transportation improvements:
The west half of Crystal Springs Road shall be improved to City Standards for
a Neighborhood Collector along the property frontage.
Page 2 of 15
All interior streets shall be improved to City Standards for a Local Access
Residential.
The interior street shall provide a future street connection to the south.
^ Temporary erosion control systems to be approved by the City of Yelm.
^ The developer shall provide at least 5% of total acreage as qualified open space,
to include a minimum of a 50 foot buffer from the creek and associated wetlands.
This area shall be signed to protect the shoreline environment, and shall provide
public access to the Shoreline.
^ The developer shall enter into an agreement with Yelm Community Schools to
mitigate project impacts to the School District.
Shoreline Environmental Designation:
The shoreline designation of the site is Rural.
Critical Areas and Resource Lands
A 50 foot buffer is required adjacent to and outside of all category III wetlands. The
applicant is required to keep all construction outside of the 50 foot buffer of the creek,
associated wetlands, and 100-year flood plain. 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.
Frequently Flooded Areas
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.
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;
Page 3 of 15
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.
The proposed project would not be detrimental to public health, safety and welfare. The
project construction area is completely outside of the required 50 foot buffer, and all
wetland and flood zone areas associated with 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 proposed residential lots and stormwater retention area will be
located outside of the flood zone.
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.
The undisturbed buffer area effectively protects the creek and its associated wetlands.
stormwater treatment provides for treatment of stormwater before it is released back
into the ground.
At this time, there is no public recreation for this shoreline, other than a park located on
First Street in the center of town. It is the goal to leave Yelm Creek in its natural state.
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 western portion of this property. The applicant proposes
a pedestrian access to the shoreline area, and proposes to leave the shoreline
undisturbed.
Regional Plan Elements
The public access goal 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
creek and wetland buffer area.
The circulation goal is concerned with the location of transportation, movement of
people, location of waste disposal systems, and the relationship of these to the
Page 4 of 15
shoreline and habitat. The goal in the rural environment is to provide facilities that are
necessary for local usage.
The proposal keeps all public roadways outside of the shoreline jurisdiction area, with
four (4) single family driveway accesses and a stormwater facility within the shoreline
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.
The regional goal 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 residential, and private property, and the
existing shoreline is in a natural and undisturbed state, creating public recreational
areas could be detrimental to the creek and its habitat, however, there is a pedestrian
public access that allows the residents access to the creek for passive recreation.
The shoreline use goal 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.
The conservation 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.
The historic and cultural value 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.
The restoration 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 structures or uses located on the shoreline at this time.
Page 5 of 15
Thurston SMP Policies:
Residential development on shorelines and wetlands should be planned with minimum
adverse environmental and visual impact.
The proposed development proposes to leave the creek, and its associated wetlands
and buffers undisturbed, providing no adverse impact to the creek.
Clustering of residential development is encouraged to minimize adverse environmental
impact and to provide open spaces.
The residential subdivision meets GMA requirements for density, while protecting the
shoreline and all buffers. The creek, flood zone and all buffers are proposed to be
dedicated as open space.
When subdividing land, the area under shoreline jurisdiction may be set aside as an
open space tract. The public interest is served by maintaining shoreline property in a
relatively undeveloped state.
As stated above, the applicant proposes to dedicate the shoreline area as open space.
Residential developments should provide easements for access to or along the
shorelines for the general public if there has been significant historical usage by the
public.
The creek is bordered by private property, without historical public use. The applicant
proposes to provide pedestrian access for the residents.
Residential development should be consistent with the environmental designation in
which it is located.
Residential Development in the Rural Environment:
a. Residential densities shall not exceed two dwelling units per acre
b. For shoreline lots which are not clustered, minimum lot sizes should apply
c. The basic setback for residential structures shall be a minimum of fifty (50) feet from
the ordinary high-water mark
The applicant is proposing density of two dwelling units per acre, the lots are clustered
to the edge of the shoreline jurisdiction area, and the residential structures are proposed
to be more than 50 feet from the ordinary high-water mark.
Page 6 of 15
Concurrency
Chapter 15.40 YMC requires the reviewing authority to determine that required urban
infrastructure is available at the time of development. Concurrency means the facilities
necessary to serve a proposed development are in place or planned for and properly
funded with a reasonable expectation that the facilities will be in place at the time
needed to preserve adopted levels of service.
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.
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
Page 7 of 15
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.
The lots within the proposed preliminary subdivision appear to contain sufficient area to
meet setback and lot coverage requirements with the exception of lot numbers 7, 20,
and 23. These lots appear to restrict the housing type, based on setback requirements.
These lots should either be reconfigured, or building plans provided showing how
setback requirements can be met.
Adjacent Land Uses and Zoning
The properties to the north and south are developed with a single family dwelling, and
the properties to the east are developed as residential subdivisions.
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 feast 75% of the open space must be
assessable to either the general public or all residents of the associated development.
The property is bordered to the west by Yelm Creek and its associated wetlands and
flood plain. The applicant is proposing to dedicate the shoreline jurisdiction area and
flood zone area as required open space.
Preserving the shoreline with the 50 foot buffer will protect this area, as well as meet the
open space requirement.
Page 8 of 15
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. Crystal Springs 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
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 a future connection to the south, where it will
ultimately connect to a future connection provided by the Prairie Winds subdivision.
The plat, as proposed, meets this standard by providing for a future connection.
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.
Page 9 of 15
Water System
The City's Water Comprehensive Plan identifies the property as being within the water
service area. There is an existing water main located in Crystal Springs Road.
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).
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.
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 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. There is an existing sewer main located in Crystal Springs Road.
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).
The proposed subdivision would be required to connect to the City's sewer system and
the projects internal roadways will be required to have a sewer main installed to serve
the residential units.
Page 10 of 15
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.
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.
Page 11 of 15
3
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~`~
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.
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. The conditions of the Mitigated Determination of Non-significance are hereby
referenced and are considered conditions of this approval.
2. The applicant shall submit civil plans that provide the sidewalk on the north and
west side of the interior street. ~-
3. All construction, residential lots, and stormwater facilities shall remain outside of
the required 50-foot creek and wetland buffer.
Page 12 of 15
4. The applicant shall provide an easement to the City of Yelm for access to Yelm
Creek.
5. Any fences or debris located within the creek and 50 foot buffer shall be
removed. A removal plan which identifies impacts to the creek and bovver shall
be submitted to an approved by the Community Development department.
6. A pedestrian access shall be provided to the shoreline area/open space. This
pedestrian pathway shall be ADA compliant to provide a 5-foot asphalt surface,
with slopes meeting ADA regulations. The proposed pathway shall be shown on
civil plans.
7. Lot numbers 7, 20, and 23 shall either be reconfigured, or building plans provided
which show how setback requirements are met.
8. 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.
9. All conditions for cross connection control as required in Section 246-290-490
WAC.
10.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.
11.A11 planting strips and required landscaping located in Crystal Springs Road, and
in the open space landscaping areas shall be served by an irrigation system with
a separate water meter and an approved backflow prevention device. The
applicant shall submit a final detailed landscaping and irrigation plan with the civil
engineering plans to include the perimeter of the project site, planter strips, and
stormwater facilities.
12. 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.
13. 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.
Page 13 of 15
14. 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.
15. The applicant shall submit a final stormwater plan with civil engineering plans
and shall include an operation and maintenance plan. All stormwater facilities
shall be located at least ten (10) feet from any property line.
16.A11 roof drain runoff shall be infiltrated on each lot utilizing individual drywells.
17. 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.
18.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.
19. The applicant shall submit fire flow calculations for all existing and proposed
hydrants. All hydrants must meet minimum City standards.
20. Street lighting will be required. Civil plan submittal shall include a lighting design
plan for review and approval.
21. Prior to the submission of final plat application, the applicant will provide the
Community Development Department an addressing map for approval.
22. Prior to final plat application, a subdivision name must be reserved with the
Thurston County Auditor's Office.
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
Page 14 of 15
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.
As a sensitive stream and wetland, Yelm Creek does not provide traditional "waterfront"
amenities and access opportunities, however the applicant is providing a pedestrian
access to the shoreline area.
Based on the Analysis and Conditions of Approval above, staff recommends that the
Hearing Examiner approve SHO-05-0240-YL and SUB-05-0239-YL.
Page 15 of 15
O~ THE
~~
YELM
WASHINGTON
STAFF REPOR T
City of Yelm
Community Development Department
Case Number: SUB-05-0239-YL and SHO-05-0240-YL
Applicant: Rainier General Development, Doug Bloom
Agent: Olympic Engineering, Chris Merritt
Request: Subdivide 5.6 acres into 23 single family residential lots.
Substantial Development Permit for Yelm Creek Shoreline
Recommendation: Approval with conditions
Exhibit I: Site plan July 26, 2005
Exhibit II: Notice of Application
Exhibit III: Mitigated Determination of Non-Significance & Comment Letters
Exhibit IV: Public Hearing Notice
Proposal
The applicant is proposing to subdivide approximately 5.6 acres into 23 single-family
residential lots. The property is zoned R-6 Medium Density Residential, which allows
up to 6 dwelling units per acre. The site encompasses 2 parcels. There is an existing
dwelling unit which will remain on one lot, and other accessory buildings that will be
demolished.
Property Characteristics
The property is located on Crystal Springs Road. The property is identified by
Assessor's Tax Parcel Numbers 22718330102 and 22718330304. The subject property
is bound to the north, south, and east by residential uses and to the west by Yelm
Creek. Yelm Creek is a Shoreline of the State. The applicant proposes to create 4
residential lots, and a stormwater treatment facility within the Shoreline Jurisdiction
area. The site and surrounding property is zoned for Residential Uses. The property to
the north and south each has one single family residence, and the properties to the east
are developed residential subdivisions.
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 August 9, 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 October 24, 2005.
Notice of the date and time of the public hearing was published in the Nisqually Valley
News in the legal notice section on October 21, 2005.
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.
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 September 2, 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. Credit
should be given for the existing dwelling.
Prior to final subdivision approval, the developer shall complete the following
transportation improvements:
The west half of Crystal Springs Road shall be improved to City Standards for
a Neighborhood Collector along the property frontage.
Page 2 of 15
All interior streets shall be improved to City Standards for a Local Access
Residential.
The interior street shall provide a future street connection to the south.
^ Temporary erosion control systems to be approved by the City of Yelm.
^ The developer shall provide at least 5% of total acreage as qualified open space,
to include a minimum of a 50 foot buffer from the creek and associated wetlands.
This area shall be signed to protect the shoreline environment, and shall provide
public access to the Shoreline.
The developer shall enter into an agreement with Yelm Community Schools to
mitigate project impacts to the School District.
Shoreline Environmental Designation:
The shoreline designation of the site is Rural.
Critical Areas and Resource Lands
A 50 foot buffer is required adjacent to and outside of all category III wetlands. The
applicant is required to keep all construction outside of the 50 foot buffer of the creek,
associated wetlands, and 100-year flood plain. 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.
Frequently Flooded Areas
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.
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;
Page 3 of 15
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.
The proposed project would not be detrimental to public health, safety and welfare. The
project construction area is completely outside of the required 50 foot buffer, and all
wetland and flood zone areas associated with 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 proposed residential lots and stormwater retention area will be
located outside of the flood zone.
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.
The undisturbed buffer area effectively protects the creek and its associated wetlands.
stormwater treatment provides for treatment of stormwater before it is released back
into the ground.
At this time, there is no public recreation for this shoreline, other than a park located on
First Street in the center of town. It is the goal to leave Yelm Creek in its natural state.
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 western portion of this property. The applicant proposes
a pedestrian access to the shoreline area, and proposes to leave the shoreline
undisturbed.
Regional Plan Elements
The public access goal 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
creek and wetland buffer area.
The circulation goal is concerned with the location of transportation, movement of
people, location of waste disposal systems, and the relationship of these to the
Page 4 of 15
shoreline and habitat. The goal in the rural environment is to provide facilities that are
necessary for local usage.
The proposal keeps all public roadways outside of the shoreline jurisdiction area, with
four (4) single family driveway accesses and a stormwater facility within the shoreline
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.
The regional goal 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 residential, and private property, and the
existing shoreline is in a natural and undisturbed state, creating public recreational
areas could be detrimental to the creek and its habitat, however, there is a pedestrian
public access that allows the residents access to the creek for passive recreation.
The shoreline use goal 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.
The conservation 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.
The historic and cultural value 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.
The restoration 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 structures or uses located on the shoreline at this time.
Page 5 of 15
Thurston SMP Policies:
Residential development on shorelines and wetlands should be planned with minimum
adverse environmental and visual impact.
The proposed development proposes to leave the creek, and its associated wetlands
and buffers undisturbed, providing no adverse impact to the creek.
Clustering of residential development is encouraged to minimize adverse environmental
impact and to provide open spaces.
The residential subdivision meets GMA requirements for density, while protecting the
shoreline and all buffers. The creek, flood zone and all buffers are proposed to be
dedicated as open space.
When subdividing land, the area under shoreline jurisdiction may be set aside as an
open space tract. The public interest is served by maintaining shoreline property in a
relatively undeveloped state.
As stated above, the applicant proposes to dedicate the shoreline area as open space.
Residential developments should provide easements for access to or along the
shorelines for the general public if there has been significant historical usage by the
public.
The creek is bordered by private property, without historical public use. The applicant
proposes to provide pedestrian access for the residents.
Residential development should be consistent with the environmental designation in
which it is located.
Residential Development in the Rural Environment:
a. Residential densities shall not exceed two dwelling units per acre
b. For shoreline lots which are not clustered, minimum lot sizes should apply
c. The basic setback for residential structures shall be a minimum of fifty (50) feet from
the ordinary high-water mark
The applicant is proposing density of two dwelling units per acre, the lots are clustered
to the edge of the shoreline jurisdiction area, and the residential structures are proposed
to be more than 50 feet from the ordinary high-water mark.
Page 6 of 15
Concurrency
Chapter 15.40 YMC requires the reviewing authority to determine that required urban
infrastructure is available at the time of development. Concurrency means the facilities
necessary to serve a proposed development are in place or planned for and properly
funded with a reasonable expectation that the facilities will be in place at the time
needed to preserve adopted levels of service.
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.
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
Page7of15
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.
The lots within the proposed preliminary subdivision appear to contain sufficient area to
meet setback and lot coverage requirements with the exception of lot numbers 7, 20,
and 23. These lots appear to restrict the housing type, based on setback requirements.
These lots should either be reconfigured, or building plans provided showing how
setback requirements can be met.
Adjacent Land Uses and Zoning
The properties to the north and south are developed with a single family dwelling, and
the properties to the east are developed as residential subdivisions.
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.
The property is bordered to the west by Yelm Creek and its associated wetlands and
flood plain. The applicant is proposing to dedicate the shoreline jurisdiction area and
flood zone area as required open space.
Preserving the shoreline with the 50 foot buffer will protect this area, as well as meet the
open space requirement.
Page 8 of 15
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. Crystal Springs 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
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 a future connection to the south, where it will
ultimately connect to a future connection provided by the Prairie Winds subdivision.
The plat, as proposed, meets this standard by providing for a future connection.
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.
Page 9 of 15
Water System
The City's Water Comprehensive Plan identifies the property as being within the water
service area. There is an existing water main located in Crystal Springs Road.
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).
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.
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 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. There is an existing sewer main located in Crystal Springs Road.
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).
The proposed subdivision would be required to connect to the City's sewer system and
the projects internal roadways will be required to have a sewer main installed to serve
the residential units.
Page 10 of 15
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.
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.
Page 11 of 15
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.
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. The conditions of the Mitigated Determination of Non-significance are hereby
referenced and are considered conditions of this approval.
2. The applicant shall submit civil plans that provide the sidewalk on the north and
west side of the interior street.
3. All construction, residential lots, and stormwater facilities shall remain outside of
the required 50-foot creek and wetland buffer.
Page 12 of 15
4. The applicant shall provide an easement to the City of Yelm for access to Yelm
Creek.
5. Any fences or debris located within the creek and 50 foot buffer shall be
removed. A removal plan which identifies impacts to the creek and bovver shall
be submitted to an approved by the Community Development department.
6. A pedestrian access shall be provided to the shoreline area/open space. This
pedestrian pathway shall be ADA compliant to provide a 5-foot asphalt surface,
with slopes meeting ADA regulations. The proposed pathway shall be shown on
civil plans.
7. Lot numbers 7, 20, and 23 shall either be reconfigured, or building plans provided
which show how setback requirements are met.
8. 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.
9. All conditions for cross connection control as required in Section 246-290-490
WAC.
10. 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.
11.A11 planting strips and required landscaping located in Crystal Springs Road, and
in the open space landscaping areas shall be served by an irrigation system with
a separate water meter and an approved backflow prevention device. The
applicant shall submit a final detailed landscaping and irrigation plan with the civil
engineering plans to include the perimeter of the project site, planter strips, and
stormwater facilities.
12. 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.
13. 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.
Page 13 of 15
14. 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.
15. The applicant shall submit a final stormwater plan with civil engineering plans
and shall include an operation and maintenance plan. All stormwater facilities
shall be located at least ten (10) feet from any property line.
16.A11 roof drain runoff shall be infiltrated on each lot utilizing individual dniwells.
17. 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.
18. 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.
19. The applicant shall submit fire flow calculations for all existing and proposed
hydrants. All hydrants must meet minimum City standards.
20. Street lighting will be required. Civil plan submittal shall include a lighting design
plan for review and approval.
21. Prior to the submission of final plat application, the applicant will provide the
Community Development Department an addressing map for approval.
22. Prior to final plat application, a subdivision name must be reserved with the
Thurston County Auditor's Office.
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
Page 14 of 15
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.
As a sensitive stream and wetland, Yelm Creek does not provide traditional "waterfront"
amenities and access opportunities, however the applicant is providing a pedestrian
access to the shoreline area.
Based on the Analysis and Conditions of Approval above, staff recommends that the
Hearing Examiner approve SHO-05-0240-YL and SUB-05-0239-YL.
Page 15 of 15
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300
September 16, 2005
Mr. Grant Beck
City of Yelm
Community Development Department
P.O. Box 479
Yelm, WA 98597
Dear Mr. Beck:
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Thank you for the opportunity to comment on the mitigated determination of nonsignificance for the
proposed Yelm Creek Estates to subdivide 5.6 acres into 23 single family residential lots; includes a
Shoreline Substantial Development permit for the creation of residential lots within the Shoreline
Jurisdiction area, located on the west side of Crystal Springs Road, north of Yelm Avenue West (SR510),
Yelm, Washington. We reviewed the environmental checklist and have the following comments:
WETLANDS: Gretchen Lux (360) 407-6221
A wetland inventory prepared July 2005 is noted in the MDNS Findings of Fact. The SEPA checklist for
this project does not identify any wetlands associated with this project. If wetlands are identified during
subsequent review for this project, they should be identified, delineated and rated as needed for
environmental review.
If wetland fill impacts are part of the project proposal, the applicant is responsible for notifying the U. S.
Army Corps of Engineers of their intent to fill wetlands and to request a jurisdictional determination
regarding these wetlands. The Corps will determine whether the wetlands are in their jurisdiction and if
the proposal can be approved, what permit will be necessary to authorize the wetland fill.
The Department of Ecology is responsible for administering the State Water Pollution Control Act (RCW
90.48), and Section 401 of the Federal Clean Water Act. The Army Corps of Engineers may decide that
the wetland in question is not within their jurisdictional authority because it is an isolated wetiand.
Wetlands are waters of the state including wetlands considered isolated by the U.S. Army Corps of
Engineers. Discharges to waters of the state, including the placement of fill in a wetland, are regulated by
Ecology. Projects that will have impacts to isolated wetlands, determined to be non jurisdictional by the
Corps, need to obtain an Administrative Order from Ecology. More information on isolated wetlands can
be found at the following website: http://www.ecy.wa.gov/programs/sea/pac/iso-wetlands.html
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
(LMC: OS-6899)
cc: Gretchen Lux, SEA/WET
Rainier General Development (Proponent)
i~
SEPA NO: 05-0239
MITIGATED DETERMINATION OF NONSIGNIFICANCE
Proponent: Rainier General Development
Description of Proposal: Preliminary Plat Application to subdivide 5.6 acres into 23 single-family
residential lots. The project includes a Shoreline Substantial Development
permit for the creation of residential lots within the Shoreline Jurisdiction
area. The project includes the construction of stormwater facilities, interior
streets, and street improvements to Crystal Springs Road.
Location of the Proposal: The project site is located on the west side of Crystal Springs Road, North of
Yelm Avenue West (SR 510) Tax Parcel No.'s 22718330102, and
22718330304
Section/Township/Range: Section 18, Township 17 North Range 2 East, W.M.
Threshold Determination: The City of Yelm as lead agency for this action has determined that this
proposal does not have a probable significant adverse impact on the
environment. Therefore, an environmental impact statement (EIS) will not
be required under RCW 43.21C.030(2)(c). This decision was made after
review of a completed environmental checklist and other information on file
with the lead agency. This information is available to the public on request.
Conditions/Mitigating Measures: SEE ATTACHED
Lead agency: City of Yelm
Responsible Official: Grant Beck, Community Development Director
Date-offs September 2, 2005
,Comm t Dea ~ e: September 16, 2005
j' Appe I Deadli~ September 23, 2005
,'
_/
Grant Beck, Community Development Director
y~is~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 September 16, 2005, at 5:00 P.M. The
City of Yelm will not act on this proposal prior September 23, 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 September 23, 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, September 9, 2005
Posted in public areas: Tuesday, September 6, 2005
Copies to: All agencies/citizens on SEPA mailing list and adjacent property owners
Dept. of Ecology w/checklist
ATTACHMENT
SEPA Case Number 05-0239
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 (July 2005, prepared by Olympic Engineering.)
• Wetlands Inventory (July 2005, prepared by the Coot Company)
• Preliminary Storm Drainage Report (July 2005, prepared by Olympic Engineering.)
• Transportation Impact Study (July 2005, prepared by Transportation Engineering Northwest)
2. The City of Yelm has adopted a concurrency management system as required by the Growth
Management Act. Chapter 15.40 Yelm Municipal Code (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.
3. Chapter 16.16 YMC requires that the layout of streets provide for continuation of streets existing in
adjoining subdivisions. The project provides a future street connection to the South.
4. Section 16.16.050 (YMC) states that lots within a residential subdivision shall be designed so that lots
adjacent to arterial and collector streets are not allowed direct access.
5. 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.
6. The Shoreline Management Act provides policies and regulations for development along Shorelines of
the State.
7. The Shoreline Master Program for the Thurston Region provides polices and regulations for
development along Yelm Creek.
8. 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
1. The developer shall mitigate transportation impacts based on the new residential P.M. peak hour
trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01
new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50
per dwelling unit. Credit should be given for the existing dwelling.
2. Prior to final subdivision approval, the developer shall complete the following transportation
improvements:
a. The west half of Crystal Springs 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 a Local Access Residential.
c. The interior street shall provide a future street connection to the south.
3. Temporary erosion control systems to be approved by the City of Yelm.
4. The developer shall provide at least 5% of total acreage as qualified open space, to include a
minimum of a 50 foot buffer from the creek and associated wetlands. This area shall be signed to
protect the shoreline environment, and shall provide public access to the Shoreline.
5. The developer shall enter into an agreement with Yelm Community Schools to mitigate project
impacts to the School District.
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300
August 23, 2005
Ms. Tami Merriman
City of Yelm
Community Development Department
P.O. Box 479
Yelm, WA 98597
Dear Ms. Merriman:
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Thank you for the opportunity to comment on the notice of application for the proposed Yelm Creek
Estates subdivision of 5.60 acres into 23 single family lots, located at 1311 and 1405 Crystal Springs
Road NW, Yelm, Washington. We reviewed the environmental checklist and have the following
comments:
SHORELANDS: Kim VanZwalenburg (360) 407-6520
Please note that if a shoreline permit is required, there is a 30-day public comment period required that
can run concurrently with any comment period related to SEPA. In addition, it was unclear whether there
will be a SEPA determination made. if so, the checklist and SEPA determination needs to be submitted
to the Department of Ecology, SEPA Unit, PO Box 47703, Olympia WA 98504-7703.
Our website has a great deal of information regarding SEPA process at:
http://www.ecy.wa.gov/programs/sea/sepa/e-review.html, as well as, the shoreline permit process. I would be
happy to assist the City, particularly with the shoreline issues, if desired. I can be reached at (360) 407-
6520 or by e-mail at kvan461 n,ec~~.wa.~ov. I will be out of the office until August 30, 2005 but can
respond when T return.
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
(LMC: Yelm Creek Estates)
cc: Margaret Hill, WQ
Deb Hunemuller, WR
Gretchen Lux, SEA/WET
Kim VanZwalenburg, SEA
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AUG-23-2005 TUE 02:36 PM DOE SW REGIONAL OFFICE FAX N0. 360 407 6305 P, 01
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STATE OF WASHINGTON
DEPARTMENT OF E(:OLOGY
PO Box 47775 • Olympia, Washington 98514-7775 • (360) 407-6300
August 23, 2005
1vls. Tami Merriman
City of Yelm
Community Development Department
P.O. Box 479
Yelm, WA 98597
Dear Ms. Merriman:
cur address
in the
isaually
Thank you for the opportunity to comment on the notice of ,application for the propose 1Yelm Creek
Estates subdivision of 5.60 acres into 23 single family lots, located at 1311 and 1405 C stal Springs
Road NW, Yelm, Washington. We reviewed the environmental checklist and have the llowing
comments:
SHORELANDS: Kim VanZwalenburg (360) 407-6520
Please note that if a shoreline permit is required, there is a 30-day public comment peri required that
can run concurrently with any comment period related to SEPA. In addition, it was un ear whether there
will be a SEPA determination made. If so, the checklist arni SEPA determination ne to be submitted
to the Department of Ecology, SEPA Unit, PO Box 47703, Olympia WA 98504-7703
Our website has a great deal of information regarding SEPA process at:
http://www.ecy.wa.gov/programs/sea/sepale-review.html, as well as, the shoreline permit p c ess. I would be
happy to assist the City, particularly with the shoreline issues, if desired. I can be reac d at (360) 407-
6520 or by a-mail at kvan461(~ecy.wa.aov. I will be out of the office until August 30 005 but can
respond when I return.
If you have any questions or would like to respond to these comments please contact ~
reviewing staff listed above.
Department of Ecology
Southwest Regional Office
(LMC: Yelm Creek Estates)
cc: Margaret Hill, WQ
Deb Hunemuller, WR
Gretchen Lux, SEA/WET
Kim VanZwalenburg, SEA
appropriate
~~~
YELM COMMU1vITY SCHOOLS ~~~.~ ~~' 1~~ }. • f
,,~,~
_ Where all students can learn and grow ~ _ _
Erlin~ Birkland
Director of Facilities
August 9, 2005
Mr. Grant Beck
Community Development Director
City of Yelm
PO Box 479
Yelm, Washington 98597
RE: SUB-05-0239-YL
Yelm Creek Estates
Dear Mr. Grant:
Yelm Community Schools requires mitigation agreements for all subdivisions.
Please include the mitigation provision as part of the SEPA requirements.
Should you have any questions please call me at 458-6128.
Sincerely,
C. ~ l ' --
E in~M. Bi
Facilities Director
Yelm Community Schools
YELM COMMUNITY SCHOOLS IS AN EQUAL OPPORTUNITY EMPLOYER AND FOLLOW TITLE IX REQUIREMENTS
107 First Street North, P. O. Box 476, Yelm, Washington 98597, (360) 458.6128, FAX (360) 458.6434
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: August 9, 2005
Re: SUB-OS-0239-YL -Project Review Schedule for Yelm Creek Estates Preliminary
Plat and SHO-OS-0240-YL
Attached is the application packet for the above referenced project. After your initial review of the information
submitted, if you need additional information from the applicant, please let me know as soon as possible. The
following is the tentative review schedule for the project.
DATE -Notice of Application distributed -begin 15 day comment period.
SPRC Environmental Review. Department comments/mitigation requirements for Environmental Review.
Environmental Determination issued by Planning Department. Begin 14 day comment period followed by
7 day appeal period.
Environmental Determination appeal time expired.
SPRC project review. Department comments/conditions of approval for staff report.
Complete Staff report for public hearing.
Public Hearing Notice to Paper/Mailing/Post site.
Public Hearing in front of Hearing Examiner.
Hearing Examiner approval completed.
I:\SUB Full Plat Subdivision\OS-0239 Yelm Creek Estates\Proj Rev Date Memo.doc
City of Yelm
~~/ \t~ Community Development Department
PO BOX 479
YELM, WA 98597
L 360-458-3835
WASHINGTON
NOTICE OF APPLICATION
Mailed on: August 9, 2005
PROJECT NAME AND LOCATION: Yelm Creek Estates
1311 and 1405 Crystal Springs Road NW
LAND USE CASE: SUB-05-0239-YL and SHO-05-0240-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 July 28, 2005. The City has determined
the application to be complete on August 8, 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: Subdivide 5.60 acres into 23 single family lots
ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: An
Environmental Checklist, Shoreline Management Substantial Development permit application,
Transportation Impact Study, Preliminary Drainage Report, Site Plan, and Wetlands Inventory were
submitted with the application.
Additional Information or Project Studies Requested by the City: No additional information is
requested at this time.
No preliminary determination of consistency with City development regulations has been made.
At minimum, this project will be subject to the following plans and regulations: City of Yelm
Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design
and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title
(14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program.
The City of Yelm invites your comments early in the review of this proposal. Comments should be
directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm WA 98597, 360-
458-3835.
THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON AUGUST 24, 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.
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Memo to File
August 3, 2005
Documentation for SHO-OS-0240-YL is also included in the hard copy of this file.
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