Staff Report appeal (2)
STAFF REPORT
City of Yelm
Community Development Department
Case Number: SPR-07-0405-YL & SHO-07-0404-YL
Applicant: Sound Engineering Inc.
Timothy Holderman
1102 Commerce Street, Suite 300
Tacoma, WA 98402
Property Owner: Yelm Creek Apartments, Inc. 240 Stadium Way S. Tacoma, WA 98402
Appellant: Yelm Creek Apartments, Inc.
Appellant’s Attorney: William T. Lynn
Issue
The applicant's for a proposal which includes construction of a 164 unit apartment complex with approximately 55,000 square feet of commercial development on approximately 17.08 acres
located between Creek Street and Yelm Creek appealed a condition of the Mitigated Determination of Nonsignificance issued by the City on March 4, 2008.
Specifically, the applicants appealed Mitigation Measure Number 4 of the MDNS, which stated:
There are mapped high ground water hazard areas on the proposed site. The bottom of any infiltration facility for stormwater discharge shall be located at least 6 feet above the base
flood elevation and no development shall locate within 50 feet, measured on a horizontal plane, from the outer edge of the high ground water hazard area or extending to a ground elevation
two feet above the base flood elevation, whichever is less as identified by a Hydrogeological Report.
Analysis of Appeal Issues
The sole basis for the appeal is the applicant's claim that no portion of the property is mapped on the flood insurance map, nor is designated as high ground water flood hazard area
on Thurston County’s maps.
In fact, the eastern portion of the proposed property is bordered by Yelm Creek and is clearly identified by City Critical Area maps and Thurston County Geodata center online maps as
high ground water areas. The Geodata map which clearly shows the property as including a high groundwater area was attached to the notice of appeal submitted by the applicant. Additionally,
at the pre-submission meeting held on July 25, 2007, it was clearly noted that the property contained a high groundwater area as follows:
"All of Yelm is considered a critical aquifer recharge area. The City critical area maps indicate that Yelm Creek bisects a portion of the east side of the property. The property is
encumbered with possible wetlands, mapped flood zones, and high ground water areas."
The notes further stated:
"Hydrologic and hydrogeologic studies and a Topographical Survey are necessary to delineate the high ground water flood hazard area and the base flood elevation. No development shall
locate within fifty feet, measured on a horizontal plane, from the outer edge of the high ground water hazard area or extending to a ground elevation two feet above the base flood elevation,
whichever is less. The bottom of any infiltration facility for stormwater discharge shall be located at least 6 feet above the base flood elevation."
Section 14.08.010 (F) (3) YMC states that all areas within the city meeting the definition of one or more critical areas, regardless of any formal identification, are hereby designated
critical areas and are subject to the provisions of the Critcial Areas Code.
Subsection (4) of the same code further states that areas adjacent to critical areas shall be considered to be within the jurisdiction of the requirements and regulations of the Critical
Areas Code. Adjacent means any activity located:
On a site immediately adjoining a critical area;
A distance equal to or less than the required critical area buffer width and building setback;
A distance equal to or less than one-half mile (2,640 feet) from a bald eagle nest;
A distance equal to or less than 300 feet upland from a stream, wetland, or water body;
Within the floodway, floodplain, or channel migration zone; or
A distance equal to or less than 200 feet from a critical aquifer recharge area.
The property clearly contains a known high groundwater area as mapped by Thurston County. The development is adjacent to this known high ground water area and the requirements of the
Critcial Areas Code apply, including the requirement of a minimum seperation of 6 feet between the bottom of an infiltration gallery and the high ground water area.
Conclusion
The appeal should be denied and the MDNS upheld as issued by the Responsible Official.
City of Yelm Witness List
Grant Beck, Director
Community Development Department
Tami Merriman, Associate Planner
Community Development Department
Nisha Rohila Box, Assistant Planner
Community Development Department