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SPR Approval <to .. City of Yelm .' 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 March 2, 1999 Mr Joel Wilbur Mulvanney Partnership 11820 Northup Way I #E 300 Bellevue, WA 98005 / Re Site Plan Approval for Rite-Aid, Case SPR-988221-YL Dear Mr Wilbur' The City of Yelm has completed its review of the above referenced project. Site plan approval has been granted based upon the Modified Mitigated Determination of NonSignificance issued February 17, 1999, the following findings of fact and conditions of approval 1 Transportation Finding Yelm is a small compact community most directly affected by two state highways which bisect the community The two state highways are used by local residents for transportation throughout the city and for access to commercial and residential areas throughout the community In lieu of widening existing streets, the City has elected to create certain alternatives, Y -1, Y -2, Y -3 which will avoid the need to significantly widen existing streets, and particularly Yelm Avenue New developments do in fact burden the city's central streets, and unless the bypass alternatives are accomplished, the City would have to require developers to pay the cost of the internal street widening The city plans show and the City finds that adequate facilities will be accomplished better and in a timely fashion by bypass facilities as a substitute for the widening of existing facilities As a result, the City finds that the regional plans in fact benefit projects in all areas on the City and will accomplish the goal of providing adequate facilities to City standards within a reasonable time to serve the demands created by the proposed project. Finding The Rite Aide project cannot be approved on the City intersection as now configured, and must be denied unless a satisfactory traffic improvement can be identified and constructed The road improvement is on the city traffic mitigation schedule and a portion of the cost of the project is public share which must be covered by the City The City is prepared to proceed with the project with a developer's share of the right of way at 15 feet and the balance of the right of way public share for which reimbursement is proper The amount of the public share of the additional right of way on Vancil Road is approximately 10,190 square feet. The City shall determine the final area by survey following the completed construction of the Improvements ., .. Mr Joel Wilbur March 2, 1999 Page 2 The City has appraised the public share in question and has determined the value of the public share to be $10 00 per square foot or $101,900 00 Following the final survey the final sales price shall reflect any adjustments to the square feet of right of way needed for the public share Adjustments to the final sales price shall be based on the appraised value of $1000 per square foot. The City can afford to proceed with the proposed traffic improvements if the cost to the City does not exceed $102,000 00 but not otherwise In view of the limitations noted above, the city is willing to conditionally approve the Rite Aide site plan as submitted with the following conditions Conditions of Approval a The applicant shall mitigate traffic impacts to the transportation system Mitigation includes payment of the Transportation Facility Charge (TFC) for 69 new pm peak hour trips generated by the project. The total TFC is $51,700 00 The TFC is eligible for a credit in accordance with Ordinance 580 b The City will credit to the traffic mitigation fee due on the site (identified in a above) the sum of $51,750 DO, due for the public portion of the excess right of way c. The applicant is responsible for all transportation improvements as identified in The Transportation Traffic Analysis, prepared by Transportation Planning & Engineering, Inc. d The applicant shall be responsible for half street improvements along the site's frontage on Yelm Avenue West. The applicant shall be responsible for frontage improvements (sidewalk, planter strip and landscaping) along Vancil Road and the City shall be responsible for core road improvements on Vancil Road The City and WSDOT shall be the lead agencies in the design and construction of said improvements on both Yelm Avenue and Vancil Road The applicant shall enter into an agreement with the City of Yelm for payment of the projects fair share for the design and construction of the above specified improvements e Access to Yelm Avenue shall be restricted to a right in, right out only The Yelm Avenue access shall include an island to prevent left turn movements and a right hand taper lane A full access shall be allowed along Vancil Road as shown on the site plan f The Company shall dedicate to the City the right of way shown on the approved site plan Within 30 days of the date of thiS approval g In the event of dispute over the value of the property taken, or the amount of the public portion of the right of way, for which right of way is of way is required, the City agrees to abide by the decision of an arbitrator if the Company will agree to be similarly bound and the costs of the preceding are shared equally; provided, however, if the City's total Mr Joel Wilbur March 2, 1999 Page 3 monetary obligation by reason of the arbitration is increased by 15% or more, the City retains the right to deny the application, on the grounds that the public improvements required to enable the project are too expensive for the public to incur at this time, and provided further, that the applicant may, if the consideration is deemed insufficient, withdraw the application and the matter will thereupon be terminated h Upon any request for arbitration, the parties shall each designate a real estate appraiser, MAl qualified for a least ten years, and familiar with the Yelm market. The two appraisers shall agree on a third person, an attorney licenced in Pierce of Thurston County and familiar with real property and municipal permit issues, to advise them on legal issues which may affect the appraisal The parties will make their appointments within two weeks of a written request to do so and shall be prepared to answer any questions the arbitrators may have, including providing expert information on the issue of value, within 30 days of the appointment. The arbitrators will be asked to identify the value of the credit to be given to the Company for the public dedication, and that opnion shall be binding on both parties 2 Water Supplv Finding The City's Water Comprehensive Plan identifies a portion of the City area for service The City is pursuing additional land areas for approval and the extension of facilities Completion of such activities is dependent on grand and developer funding, as well as planned bonding and existing public funds The status of such plans and funding sources must be considered in any review of concurrency Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered In the event of a new funding source, however, concurrency is not found until the funding source is in fact in pace - e g award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Any necessary water rights are considered, only after approved for municipal use by the Washington State Department of Ecology, or appropriate appeals board, and the time for appeal or challenge has expired The project site is subject to a water latecomer's fee as adopted through Ordinance 523 Conditions of Approval a. The applicant shall connect to the City water system The cost to connect shall include a fee of $1,00000 per Equivalent Residential Unit (each ERU equals 240 gallons of water consumption per day) The ERU's shall be determined during civil project review The meter fee shall be as per the attached schedule b The latecomers fee on tax parcel #22730121200 is $2,955 68 The latecomer's fee is payable at time of building permit issuance c The onsite water line installation shall be looped to afford maximum fire protection as per the Uniform Plumbing Code Mr Joel Wilbur March 2, 1999 Page 4 d All water connection fees are due at time of building permit issuance 3 Sewer System Finding The city's Sewer Comprehensive Plan identifies a portion of the City area for service The City is pursuing additional land areas or approval and the extension of facilities Completion of such activities is dependent on grand and developer funding, as well as planned bonding and existing public funds The status of such plans and funding sources must be considered in any review of concurrency Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered In the event of a new funding source, however, concurrency is not found until the funding source is in fact in pace - e g award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. The project site is subject to a sewer latecomer's fee as adopted through Ordinance 524 Conditions of Approval a The applicant shall connect to the City S T E P sewer system The cost to connect shall include a fee of $4,85000 per Equivalent Residential Unit (each ERU equals 240 gallons of water consumption per day) The ERU's shall be determined during civil project review The meter fee shall be as per the attached schedule b The latecomers fee on tax parcel #22730121200 is $835 62 The latecomer's fee is payable at time of building permit issuance c. Upon completion of the onsite installation as per the City's Development Guidelines, the S T E P sewer equipment shall be deeded to the City by easement. d All sewer connection fees are due at time of building permit issuance 4 Storm Water Finding The completed project will increase the amount of impervious surface on the site and on the adjacent streets Impervious surfaces create stormwater runoff When uncontrolled and untreated stormwater runoff can create health and safety hazards YMC requires all development to comply with the City Stormwater Manual Condition of Approval The applicant shall design and construct all stormwater facilities in accordance with the DOE Manual, as adopted by the City of Yelm Best Management Practices are required during construction 5 DeslQn Standards Finding The City of Yelm has adopted Design Guidelines for its commercial zones The " Mr Joel Wilbur March 2, 1999 Page 5 Design Guidelines require all development to deal with the following design issues Site planning, pedestrian access, vehicular access and parking, building design and site design and landscaping The Site Plan Review Committee finds that the site plan as revised, dated January 15, 1999, meets the intent of the City Design Standards 6 Buildinq Department Finding Buildings containing asbestos and/or lead paint are potential environmental and health hazards State and federal laws regulate the demolition of buildings containing asbestos and/or lead paint. Conditions of Approval a The applicant shall contact the Olympic Air Pollution Control Authority, 909 Sleater- Kinney Rd SE, Suite 1, Lacey, WA 98502, (360) 438-8768 to secure any necessary permit(s) for the removal of materials containing asbestos and/or lead paint. Prior to issuance of a city building permit the applicant shall demonstrate compliance with any OAPCA requirements b The applicant shall submit a demolition plan for all structures on the project site The demolition plans shall address the presence of asbestos and lead paint. Any buildings containing asbestos and/or lead paint shall be demolished in accordance with all applicable state and federal laws and regulations 7 Landscapinq Finding Landscaping and screening are necessary to promote safety, to provide screening between compatible land uses, to safeguard privacy and to protect the aesthetic assets of the City YMC, Chapter 17 80 requires all development to provide on site landscaping Conditions of Approval a. The applicant shall submit a final landscape and irrigation plan, pursuant to Chapter 17 80, to the Planning Department for review and approval b Landscaping shall be installed and approved by the Planning Department prior to building occupancy Site Plan Approval is a Type II Administrative land use approval An appeal of this decision can be filed within 14 days from the date of this letter, pursuant to YMC, Chapter 15 49, Integrated Project Review Process c Mr Joel Wilbur March 2, 1999 Page 6 The Site Plan is valid for eighteen (18) months from the date of this letter The applicant may request a six month extension on the approval, if the request is made in writing prior to the expiration date of this approval If you need additional information or assistance, please call me at 458-8408 Sincerely, ~u0 Cu1~ Catherine Carlson City Planner cc Shelly Badger Ken Garmann Tim Peterson C'\MyFilesICATHIEI8221APP WPD