Loading...
1000 Yelm East Gateway Planned Action, Attach A Map, Attach B MitigationCITY OF YELM ORDINANCE NO. 1000 AN ORDINANCE of the City of Yelm establishing the Yelm East Gateway Planned Action pursuant to the State Environmental Policy Act WHEREAS, the City of Yelm is required to plan under Section 36.70A.040 RCW; and WHEREAS, in compliance with the Washington State Growth Management Act, Chapter 36.70A RCW, the City of Yelm adopted a Comprehensive Plan in 1994, and has amended the plan on several occasions since that time; and WHEREAS, the State Environmental Policy Act (SEPA) and its implementing regulations authorize cities planning under the Growth Management Act (GMA) to designate planned actions that have had their significant impacts adequately addressed in an Environmental Impact Statement (EIS) prepared in conjunction with a comprehensive plan, sub -area plan, or a master planned development; and WHEREAS, the City of Yelm in its Joint Comprehensive Plan, Chapter II GMA Planning Parameters and Appendix F Yelm Vision Plan, addresses the East Planning Area; and WHEREAS, Section 43.21C.031 RCW and Sections 197 -11 -164, 168, and 172 WAC allow and govern the application of a Planned Action designation; and WHEREAS, the designation of a Planned Action expedites the permitting process for subsequent projects whose impacts have been previously addressed in a Planned Action EIS; and WHEREAS, the City of Yelm has prepared the Yelm East Gateway Planned Action EIS under the State Environmental Policy Act, Chapter 43.21C RCW, that considered impacts of the anticipated development within the East Gateway subarea consistent with the Subarea Plan, provides for mitigation measures, and other conditions to ensure future development will not create adverse environmental impacts; and WHEREAS, on February 1, 2013 the City as SEPA lead agency provided public comment opportunities through an EIS 21 -day scoping period, and a final scoping issued on March 11, 2013, in compliance with Section 197 -11- 408 WAC; and WHEREAS, on January 5, 2015, the City issued the Yelm East Gateway Draft EIS, which identified the impacts and mitigation measures associated with planned Yelm East Gateway subarea, and requested public comments within 30 days as allowed in Section 197- 11 -455 WAC; and WHEREAS, after public comment and coordination with all affected parties, the City issued the Yelm East Gateway Final EIS, dated April 7, 2015, which identifies the impacts and mitigation measures associated with planned Yelm East Gateway subarea; and WHEREAS, the City Council held a required community meeting through a public hearing on the Yelm East Gateway Planned Action Ordinance at their regularly scheduled meeting on May 26, 2015; and WHEREAS, adopting a SEPA Planned Action for the Yelm East Gateway Planned Action area with appropriate standards and procedures will help achieve permit processing efficiency and promote environmental quality, Now, THEREFORE, the Yelm City Council do ordain as follows: SECTION 1. PURPOSE. The City of Yelm declares that the purpose of this ordinance is to: 1. Combine environmental analysis with land use planning; and 2. Set forth a procedure designating certain project actions in the Yelm East Gateway sub -area as "Planned Actions" consistent with Section 43.21C.031 RCW; and 3. Streamline and expedite land use permit review process by relying on completed and existing environmental analysis for the Planned Action area; and 4. Apply the Yelm Municipal Code together with the mitigation framework in Section 2 of this Ordinance for the purpose of processing of Planned Action development applications. SECTION 2. PROCEDURES AND CRITERIA FOR EVALUATING AND DETERMINING PROJECTS AS PLANNED ACTIONS. 1. Planned Action Site. The Planned Action designation applies to seven parcels, approximately 46 acres of land, three parcels are north of Yelm Avenue (SR 507) and four parcels are south of Yelm Avenue (SR 507). The parcels are east of Creek Street, Grove Road, and Yelm Creek, west and south of Walmart Boulevard. The parcels and site boundaries are shown in Exhibit A. 2. Environmental Documentation. A Planned Action designation for a site specific application shall be based on the environmental analysis contained in the Yelm East Gateway Planned Action EIS completed by the City on April 7, 2015. The term "EIS" means the Yelm East Gateway Planned Action Environmental Impact Statement composed of the Draft EIS (January 5, 2015) and the Final EIS (April 7, 2015). The mitigation document Exhibit B, is based upon the analysis of the EIS. The mitigation document, together with the applicable City codes and standards shall provide the framework for the decisions by the City to impose conditions on a Planned Action project. 3. Planned Action Qualifications. a. Land Uses: The following shopping center uses are the primary uses analyzed in the EIS: • Offices • Banks (including drive through) • Health /Fitness • Auto Services • Grocery • Sit Down Restaurants • Retail Shops • Fast Food Restaurants (including drive through) b. Development Thresholds. The Planned Action designation applies to future development proposals that cumulatively do not exceed 500,000 square feet of uses on the site and do not exceed the trip generation of 2,000 new -to- network trips as provided in the Traffic Impact Analysis, Appendix A of the EIS. c. The project is located within the Planned Action Area. 4. Planned Action Determination. The following circumstances would not qualify as a Planned Action: a. Proposed development that would exceed the cumulative total of 2,000 PM New -to- network trips. b. A project that would result in a significant change in impacts to any of the environmental elements identified in the EIS. c. Should environmental conditions significantly change from those analyzed in the EIS, the City's SEPA Official may determine that the Planned Action designation is no longer applicable unless additional, supplementary environmental review is conducted, regardless of date. 5. Planned Action Review Criteria a. Uses and activities described in the EIS, subject to the qualifications described in this section, and the mitigation measures in Exhibit B, may be designated Planned Actions pursuant to Section 43.21C.031 RCW. b. The SEPA Official or designee is authorized to designate a project application as a Planned Action pursuant to Section 43.21C.031(2)(a) RCW, if the project meets all of the following conditions: ✓ The project is otherwise exempt from SEPA; ✓ The project is consistent with the City of Yelm Comprehensive Plan adopted under Chapter 36.70A RCW; ✓ The project falls within the Planned Action qualifications identified in this section; ✓ The SEPA Official has determined that the project's adverse impacts are able to be mitigated through the application and /or inclusion of mitigation measures detailed in Exhibit B, Mitigation Measures, as well as other applicable City, county, state, and federal requirements and conditions, which together constitute sufficient mitigation for the significant environmental impacts associated with the proposed project; ✓ The proposed project complies with all applicable local, county, state, and federal regulations, and where appropriate, the proposed project complies with needed variances or modifications or other special permits that have been identified; and ✓ The proposed project is not an essential public facility. c. The City shall base its decision on a proposal on review of a development application or an alternative form approved by state law, and review of the application and supporting documentation. 6. Effect of the Planned Action a. Upon designation by the SEPA official that the development proposal within the Planned Action area qualifies as a Planned Action pursuant to this Ordinance and Section 197 -11 -172 WAC, the project shall not be subject to a SEPA threshold determination, an EIS, SEPA appeal, or any other additional review under SEPA. b. Being designated as a Planned Action or a Planned Action Project means that a proposed project has been reviewed in accordance with this Ordinance and found to be consistent with the development parameters and environmental analysis included in the EIS. 7. Planned Action Permit Process. The Community Development Director or designee shall review development applications and determine whether they meet the criteria as Planned Actions under applicable state, federal, and local laws, regulations, codes and ordinances. The review procedure shall consist, at a minimum, of the following: a. Development applications will meet the requirements of the Yelm Municipal Code and the Unified Development Code b. The Community Development Department Director will determine whether the application is complete based on the requirements in Chapter 18.10 YMC. c. After the City receives and reviews a complete application, the SEPA Official shall determine, using the criteria and procedures contained in Section 2.5 above, and Section 197 -11 -172 WAC, whether the project qualifies as a Planned Action. If the project does qualify as a Planned Action, the Community Development Department Director shall notify the applicant, and the project shall proceed in accordance with the appropriate permit procedures, except that no additional SEPA review, threshold determination, or EIS will be required. d. For projects that qualify as Planned Actions, public notice shall be provided in compliance with Section 197 -11 -172 (3) WAC "Public notice for projects that qualify as planned actions shall be tied to the underlying permit. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a planned action..." e. If a project is determined not to be a Planned Action, the Community Development Director shall notify the applicant and prescribe a SEPA review procedure consistent with the City SEPA procedures and state laws.. The notice to the applicant shall describe the elements of the application that result in disqualification as a Planned Action. This decision may be appealed pursuant to Section 18.10.100 YMC. f. Projects disqualified as Planned Action may use or incorporate relevant elements of the environmental review analysis in the EIS prepared for the Planned Action, as well as other environmental review documents to assist in meeting SEPA requirements. The SEPA Official may choose to limit the scope of the SEPA review to those issues and environmental impacts not previously addressed in the EIS. SECTION 3. PLANNED ACTION AREA MONITORING. The Planned Action Ordinance shall be reviewed periodically by the Community Development Director to determine its continuing validity with respect to the environmental conditions of the project area and vicinity and applicability of Planned Action requirements, including a review prior to the end of 2025 to ensure continued applicability of the transportation analysis and impacts. Based upon this review, this Ordinance may be amended as needed, and another review period specified. SECTION 4. CONFLICT. In the event of a conflict between the Ordinance and /or any mitigation measures imposed related to the Ordinance and any ordinance or regulation of the City, the provisions of the Ordinance shall control. SECTION S. SEVERABILITY. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect five days after passage, approval, and publication. PASSED BY THE CITY COUNCIL OF YELM T S 26TH DAY OF MAY, 2015. Ron Harding, ayor Authenticated: /Lin 6 nine A. Schnepf, City Clerk PUBLISHED: Nisqually Valley News, June 5, 2015 EFFECTIVE DATE: June 10, 2015 Exhibit A Ordinance 1000 Vicinity Map MAP 0,<D Ic0 Exhibit B Ordinance 1000 Mitigation Measures A. Air quality 1. Dust suppression techniques shall be incorporated in grading and construction activities. Water trucks will be kept on site at all times during construction. 2. Any proposed uses that are considered major employers as defined by Section 70.94.524 RCW shall develop and implement programs to reduce drive -alone commute trips and encourage use of alternative transportation modes. 3. Construction vehicles and delivery trucks shall be routed and scheduled to avoid peak travel times and shall not be left idling on site in order to reduce the amount of drive time and vehicle emissions. B. Cultural resources 1. If an archaeological resource is discovered during construction site earthwork, all activity in the immediate vicinity of the find shall cease pending notification of the Nisqually Indian Tribe and the Department of Archaeology and Historic Preservation (DAHP). Consultation with DAHP shall take place and, if deemed necessary after consultation with DAHP, a qualified archaeologist will be retained by the applicant to assess the significance of the find and develop a preservation plan which shall be implemented by the applicant. C Mazama pocket gopher 1. Prior to construction of any individual development proposal within the planned action area, a critical areas report shall be prepared to the standards of the Yelm Critical Areas Code. If gophers are present on the site, a mitigation plan shall be prepared pursuant to the Critical Areas Code that is approved by the City and implemented by the applicant. 2. Compliance with Yelm's requirements under the Critical Areas Code does not ensure compliance with the provisions of the Endangered Species Act, as enforced by the US Fish and Wildlife Service. D. Transportation 1. Driveways shall be designed to accommodate the ultimate configuration of the coordinated conceptual access plan, but based on a Site Circulation Study, may be constructed to a lesser configuration with property and frontage improvement setbacks to accommodate the ultimate configuration. 2. Each development within the project area shall design internal site circulation systems to accommodate connections to adjacent properties. Internal connections shall be designed to accommodate through- traffic within the project area between individual parcels. 3. Prior to any development approval within the planned action area, a conceptual design for a two -lane modern roundabout at the intersection of Grove Road and Yelm Avenue (SR 507) shall be prepared by the applicant and reviewed and approved by the City of Yelm and the Washington State Department of Transportation. The design shall include a construction sequencing plan for the construction of a single lane roundabout within the full design and shall specify the conditions under which a two lane roundabout is required. 4. Prior to occupancy of any development on parcels located south of Yelm Avenue and west of the extension of the Yelm Loop (SR 510 Alt) that provide access to Yelm Avenue (SR 507) and creates fewer than 25 peak PM trips, the southbound approach lanes of the Grove Road /Yelm Avenue intersection shall be constructed. The intersection shall be controlled by stop signs on the north and south approaches until a roundabout is triggered. 5. Prior to occupancy of any development on parcels located south of Yelm Avenue and west of the extension of the Yelm Loop (SR 510 Alt) that provide access to Yelm Avenue (SR 507) and creates 25 or more peak PM trips the single lane roundabout shall be constructed. 6. Prior to any development approval within the planned action area, a conceptual design for the completion of the Walmart Boulevard (SR 510 Alt) and Yelm Avenue (SR 507) intersection shall be prepared by the applicant and approved by the City of Yelm and the Washington State Department of Transportation. The design shall include a construction sequencing plan for the construction of: a. A new northbound approach with a dedicated left turn lane and a combined through /right turn lane b. Improving the southbound approach with a dedicated left turn lane, a dedicated through lane, and a dedicated right turn lane. C. Improving the westbound approach with a dedicated left turn lane, a dedicated through lane and a combined through /right turn lane. d. Improving the eastbound approach with a dedicated left turn lane, a dedicated through lane and a combined through /right turn lane. 7. Any development approval within the planned action area shall require the dedication of any necessary right of way for a single lane roundabout and the initial intersection improvement at Yelm Avenue (SR 507) and Walmart Boulevard (SR 510 Alt). No buildings, parking, or other impediments shall be permitted within the future right of way for the two lane roundabout at Grove Road and the full intersection improvements of Yelm Avenue (SR 507) and Walmart Boulevard (SR 510 Alt).