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Report (2) Staff Report City of Yelm Community Development Department   To: Stephen K. Causseaux, Jr., Hearing Examiner From: Grant Beck, Director of Community Development Date: February 6, 2004 Subject: Appeal of Mitigated Determination of Non-Significance SUB-03-8353-YL APL-04-0005-YL Appellant: Dr. Lee Anne Campbell 15715 105th Avenue Yelm, WA 98597 Applicant: Yelm Terra, LLC Location: 105th Avenue between Clark Road and Mill Road. Proposal: Appeal Findings of Fact 2 and 6 of the MDNS issued for the proposed Yelm Terra subdivision. I. INTRODUCTION Dr. Lee Anne Campbell appeals the issuance of a Mitigated Determination of Non-significance for a proposed 97 lot subdivision. Specifically, Dr. Campbell take issue with the mitigation measure which requires the closure of 105th Avenue at Mill Road. II. BACKGROUND Yelm Terra, LLC applied for a subdivision of approximately 25 acres into 97 residential lots. A traffic impact analysis (TIA) was submitted with the application as part of an expanded environmental checklist. The Community Development Department reviewed the TIA and requested additional information and clarification, which resulted in an updated TIA. Based on the environmental checklist and TIA, the Community Development Department on December 26, 2003, issued a Mitigated Determination of Non-significance pursuant to the State Environmental Policy Act, it’s rules, and Chapter 14.04 YMC. The determination contained the following findings of fact subject to Dr. Campbell’s appeal: 2. The traffic impact analysis (TIA) submitted as part of the subdivision application indicates that the project will generate 928 vehicle trips per day, with a PM peak of 98 vehicles per hour. The TIA, assuming a baseline annual growth rate of 4%, indicated that: The intersection of 105th Ave, and Clark Road will be at a Level of Service (LOS) A, with an average delay of 9 seconds. The signalized intersection of Clark Road and Yelm Avenue will be at a LOS A, with an average delay of 9 seconds. The intersection of 3rd Street and Yelm Avenue will be at LOS C, with an average delay of 22 seconds. The intersection of Mosman and 1st Street (507) will be at LOS D, with an average delay of 33 seconds. The signalized intersection of Yelm Avenue and First Street will be at LOS D, with an average delay of 48 seconds. The intersection of Yelm Avenue West (510) and SW Longmire Street will be at LOS F, with an average delay of 56 seconds. The intersection of Yelm Avenue (507) and NE 103rd Street will be at LOS D, with an average delay of 34 seconds. The intersection of Yelm Avenue East (507) and Bald Hills Road will be at LOS C, with an average delay of 30 seconds. Frontage improvements will be constructed along 105th Avenue SE. The subdivision will provide for a road connection to the existing neighborhood to the north, with a narrowed street, traffic signs, no parking and a raised pedestrian crossing. The subdivision will provide connecting sidewalks from Yelm Terra to the sidewalks in the Prairie View subdivision. 6. The public right-of-way at 105th Avenue ends at the western property line of the development and 105th continues as a one lane, curved, right-of-use road to Mill Road and SR 507. This right-of-use road does not meet any public street standards, is a one-way street used for two way traffic, and contains no pull-outs. The development will provide alternate connectivity in the form of a public street from 105th, through Yelm Terra and Prairie View, along Mosman to SR 507. Although not included in the appeal, findings 2 and 6 are the facts which support the proposed mitigating condition which requires the closure of 105th Avenue SE at Mill Road. Specifically, mitigating condition 2.b. states that “the right-of-use portion of 105th Avenue shall be blocked by a barricade meeting Yelm Development Guidelines and Manual of Uniform Traffic Control Devices (MUTCD) standards at Mill Road and signed pursuant to MUTCD as a private road with no though access”. III. ISSUES Dr. Campbell is concerned that the closure of 105th Street at Mill Road will be a adverse impact to herself and the neighborhood by impacting privacy by creating an area for public use at the end of the closed road, delaying fire and police protection services for the area. The appeal indicates that the proposed project will create more traffic than stated in the TIA which will impact the use of 105th as a short cut to avoid traffic on Yelm Avenue. It is also noted that the neighborhood is currently impacted by ‘by-pass’ traffic through speeding and congestion. IV. ANALYSIS Trip Generation The trip generation figures used by the developer in the Traffic Impact Analysis are those from the Trip Generation Manual prepared by the Institute of Traffic Engineers. This document is the standard for evaluating traffic generation by most jurisdictions in the State of Washington and is the standard in Yelm for calculating Traffic Facilities Charges and for the preparation and review of TIA’s. The traffic distribution from the proposed development was prepared by the City based on a local traffic model. The distribution pattern was developed in two ways - assuming 105th Avenue SE remained connected to Mill Road and assuming it was a dead end road in order to fairly evaluate potential impacts of both scenarios. The appeal did not contain any evidence that the project would generate more traffic than the ITE manual would predict, although it did note that additional evidence would be presented at the hearing. Emergency Services Access/Connected Streets As noted in finding of fact 6, the development will be creating a new connection between 105th Avenue and downtown Yelm, Yelm Avenue, and State Route 507. The creation of this new connection factored into the requirement that 105th Avenue SE, which is a substandard, one-way street west of the proposed development, be closed for safety reasons. The new connection runs from 105th Avenue SE, through Yelm Terra to 3rd Street from which point access to Yelm Avenue via 3rd or State Route 507 via Mosman is possible. These roads are all two lane City Streets which will be improved further as part of the proposed development. Although Fire Station 21 is located on Mill Road emergency access to the homes on 105 should not be impacted by increased service times as fire apparatus will not negotiate the winding, one lane section of 105th Avenue SE, according to Chief Mark King. Access to emergency response from the police will mostly likely be improved after development of Yelm Terra as the police station is located on Mosman Street and the new connection through 3rd Street provides direct access to 105th Avenue. I. CONCLUSION The mitigating conditions of the Mitigated Determination of Non-significance are appropriate and are based on identified potential significant adverse impacts attributable to the development. LIST OF EXHIBITS Appeal Notice and Letter Traffic Impact Analysis MDNS Letters regarding MDNS Map