2019.0052 2020-08-21 Tahoma Terra 5 6 Subdivision Amendment Application TAHOMA TERRA HOLDINGS, LLC
PO Box 73790
Puyallup, WA 98373
Phone: 253.848.0820
August 21, 2019
Tami Merriman
Associate Planner
City of Yelm
106 Second St SE
Yelm, WA 98597
RE: Request to Amend SEPA Mitigating Measure 5 in Condition in Conclusions 4, 6.1.
and 6.2. of the August 4, 2016 Hearing Examiner Decision Approving Tahoma
Terra Phase II, Division II, Phase 2 (Tahoma Terra 5 & 6) Preliminary Plat
Dear Tami:
This letter along with the City’s accompanying application form serves as a formal request to
amend the language of Mitigating Measure 5 of the May 24, 2005 SEPA Mitigated Determination
of Non-Significance (MDNS) for the Tahoma Terra Master Planned Community (MPC)
incorporated through Conclusions 4, 6.1. and 6.2. of the August 4, 2016 Hearing Examiner
Decision approving Tahoma Terra Phase II, Division II, Phase 2 (Tahoma Terra 5 & 6) preliminary
plat. No other modifications or amendments to the Preliminary Plat are sought through this request.
Mitigation Measure 5 of the SEPA MDNS for the Tahoma Terra Master Plan states:
Mitigation Measure 5: Prior to the approval of any development permit (including
a final subdivision) beyond the 89th lot, the applicant shall convey water rights to
the City of Yelm sufficient to serve the proposed use within that area of the final
master site plan and the first 89 lots. The conveyance shall be made to the City
through a water rights agreement between Tahoma Terra, LLC and the City of
Yelm. This condition is not applicable if the City obtains water rights through the
Department of Ecology which are sufficient to serve the projected density of the
City, its urban growth area, and the subject property.
Conclusions 4, 6.1. and 6.2. of the Hearing Examiner’s August 4, 2016 Decision approving the
Tahoma Terra 5 & 6 Preliminary Plat read as follows:
Conclusion 4: Public facilities impacted by the subdivision are either adequate
and available, or the City has a plan to finance the needed public facilities that will
assure retention of an adequate level of service. However, the applicant is bound
by Mitigating Measure 5 of the MDNS for the overall Tahoma Terra MPC that
requires it to convey sufficient water rights to the City for the entire 1,000 plus
residential unit development. Said mitigating measure also provides that should the
2 | Page
City obtain water rights through the State Department of Ecology sufficient to serve
the projected density of the City, its Urban Growth Area, and the subject property,
said mitigating measure is not applicable.
Conclusion 6.1.: The conditions of the Mitigated Determination of Non-
significance are hereby referenced and considered conditions of this approval.
Conclusion 6.2.: In accordance with the requirements of Mitigating Measure 5 of
the MDNS issued for the Tahoma Terra master planned community, the
construction of Phase II of this subdivision shall not be allowed until the applicant
provides water rights sufficient to serve the remaining Master Plan, or the City
obtains water rights through the Department of Ecology which are sufficient to
serve the projected density of the City, its urban growth area, and the subject
property.
In approving the current Tahoma Terra Phase II, Division II, Phase 2 (Tahoma Terra 5 & 6)
preliminary plat, the Hearing Examiner approved an amendment to the initial October 9, 2007
preliminary plat decision in order to allow for phased development due to water availability issues.
At that time, we sought but were not granted relief from Mitigating Measure 5; however, the
Hearing Examiner noted in Finding 8.E. that “the applicant and City [could] amend the MPC
agreement/conditions and the mitigating measures set forth in the MDNS that cover the MPC.”
We now respectfully request that the City join us in our request to do just that.
Specifically, we respectfully request that the above conditions be amended and replaced with the
following condition of the Hearing Examiner’s July 18, 2019 Decision to approve The Hutch
preliminary plat:
No construction is authorized under this approval unless the City has made
application for additional water rights with the Washington State Department of
Ecology and the Community Development Department Administrator determines
that water will be available at the time there will be demand for water from homes
within the subdivision. The Administrators decision may be reviewed by the
Hearing Examiner at the request of the applicant, provided the applicant shall be
responsible for any costs of the Examiners review.
We understand that the City is preparing an application for water rights with the Washington
Department of Ecology to bring additional water resources into their system sufficient to serve its
entire Urban Growth Area, including the projected density of the City, its urban growth area, and
the subject property, per the language in Mitigating Measure 5. The application may be submitted
as early as September 2020. The City has approved our construction plans for the remaining
portion (second phase) of Tahoma Terra Phase II, Division II, Phase 2 (Tahoma Terra 5 & 6)
preliminary plat. However, we cannot commence construction, due to the above-referenced
conditions.
In order to continue to work on the site and avoid potential delays, losses, increased costs and other
negative aspects of ceasing site work / de-mobilizing and then trying to re-mobilize at some future
3 | Page
date, we seek immediate relief from the conditions incorporating Mitigating Measure 5 into the
preliminary plat. Yelm Municipal Code (YMC) 18.15.050, Final master planned development,
subsection D. Term. states that “A final master planned development approval is effective for five
years after approval by the city council; provided, that the approval shall be extended three years
from the date of approval of every project approval within the final master planned development.”
The Tahoma Terra MPC remains in effect. We thus submit this application to amend Conclusions
4, 6.1. and 6.2. of the August 4, 2016 Hearing Examiner Decision approving Tahoma Terra Phase
II, Division II, Phase 2 (Tahoma Terra 5 & 6) preliminary plat with the understanding that this
application—just as the prior application to amend the same preliminary plat to allow for phased
development—will in no way affect the vesting of the Tahoma Terra MPC or the approved
preliminary plat.
Finally, in the spirit of the Hearing Examiner’s above-quoted comment in Finding 8.E., we ask
that the City join us in our request and recommend this amendment for approval to the Hearing
Examiner.
We very much look forward to working with the City to process this application. For quick
reference, we have enclosed copies of the Hearing Examiner’s August 4, 2016 Decision approving
Tahoma Terra Phase II, Division II, Phase 2 (Tahoma Terra 5 & 6) and July 18, 2019 Decision
approving The Hutch preliminary plat. If there are any questions, comments or need for additional
information needed to process this request, please feel free to reach out to me directly. Thank you
for your thoughtful consideration.
Sincerely,
Evan Mann
Entitlement Manager
Tahoma Terra Holdings, LLC
evan@soundbuilthomes.com
Enclosures