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Project Review and Correspondence Invoice No CDD-04-100 INVOICE !!!!!!! Customer Name Janet Kessell Address PO Box 6234 City Olympia Phone Date Order No Rep FOB 8/20/2004 State WA ZIP 98507-6234 ./ Hrs Description Unit Price TOTAL 719 Public Document photocopies $010 $71 90 SubTotal $71 90 Payment Details '\ Shipping & Handling $000 0 Cash Taxes WA 0 Check 0 TOTAL $71 90 10ffice Use Only City of Yelm Community Development Department POBox 479 Yelm, WA 98597 (360) 458-3835 THANK YOU Date' October 12 To: Planning Commission From: Cathie Carlson, City Planner Re: Conceptual Master Plan Approval, MPD 98-8216.YL LIST OF EXHIBITS. Exhibit A - Summary of Thurston Highlands Associates Ownership Exhibit B - Summary of Dragt/DeTray L.L.C. Ownership Exhibit C - Summary of Other Parcels Ownership Exhibit 0 - Public Hearing Notice Exhibit E - Vicinity Map Exhibit F - Written Comments from the Public PUBLIC HEARING OBJECTIVE: The Planning Commission shall review the application for completeness and, if it determines that the proposed Master Plan is consistent with the Comprehensive Plan and the City's other plans and policies, recommend approval by the Planning Commission. If the Planning Commission determines that the proposed Master Plan is not so consistent, it may either remand for modifications specifically identified or recommend denial by the City Council BACKGROUND' In 1994, the Yelm City Council approved the Southwest Yelm Conceptual Master Plan. The approval provided the framework and conditions for Final Master Plan and project approval{s) An Environmental Impact Statement and Addendum to the Environmental Impact Statement were prepared as an element of the approval. The Conceptual Master Plan was approved with a minimum density requirement of 3 5 units per net developable acre and a maximum of 444 units per net developable acre, with a limit of 5,000 dwelling units. Two Golf Courses and Commercial Zoning were approved for a 30 acre tract in the middle of the site and a 5 acre tract in the southwest area which would be located near the Golf Course Club House Adequate provisions for open space, schools, streets, public utilities and critical areas were required. Yelm Municipal Code, Chapter 17.62060, Master Plan Development requires that a complete master plan be submitted within three years of conceptual approval unless an extension has been granted pursuant to Section 17 62 070 The Conceptual Master Plan Approval expired on October 12, 1997 The City did not receive a request for extension approval ********** VV~S 8SV 09S *** ^3a ~~OJ ~l3A- ***************************************************************** ^3a ~~OJ-~l3A jO A1IJ- 6S SO 00 l~O/l~O UO! :j.t2J na S8S~d vS~06Sv6 'oN 181 / 8w~N UO!+~+S >10 'oN ~~~V 'wwoJ ~OO ON U+S vv ~~ v~ ^~~ pU3 Ov ~~ v~ ^~~ +J~+S 69L ON 8 I! j UO!SS!WSU~Jl ^JOW8~ 3aO~ ** ~O 8S~d ********* Sv ~~ 3~ll **** vOOl v~ ^~~ 31va **************************************** - lVN~nor '~~OJ ********** I I I I Date October 12 To Planning Commission From Cathie Carlson, City Planner Re Conceptual Master Plan Approval, MPD 98-8216-YL LIST OF EXHIBITS. Exhibit A - Summary of Thurston Highlands Associates Ownership Exhibit B - Summary of DragtlDeTray L.L.C Ownership Exhibit C - Summary of Other Parcels Ownership Exhibit D - Public Hearing Notice Exhibit E - Vicinity Map Exhibit F - Written Comments from the Public PUBLIC HEARING OBJECTIVE. The Planning Commission shall review the application for completeness and, if it determines that the proposed Master Plan is consistent with the Comprehensive Plan and the City's other plans and policies, recommend approval by the Planning Commission If the Planning Commission determines that the proposed Master Plan is not so consistent, it may either remand for modifications specifically identified or recommend denial by the City Council BACKGROUND In 1994, the Yelm City Council approved the Southwest Yelm Conceptual Master Plan The approval provided the framework and conditions for Final Master Plan and project approval(s) An Environmental Impact Statement and Addendum to the Environmental Impact Statement were prepared as an element of the approval The Conceptual Master Plan was approved with a minimum density requirement of 3 5 units per net developable acre and a maximum of 4 44 units per net developable acre, with a limit of 5,000 dwelling units Two Golf Courses and Commercial Zoning were approved for a 30 acre tract in the middle of the site and a 5 acre tract in the southwest area which would be located near the Golf Course Club House Adequate provisions for open space, schools, streets, public utilities and critical areas were required Yelm Municipal Code, Chapter 17 62 060, Master Plan Development requires that a complete master plan be submitted within three years of conceptual approval unless an extension has been granted pursuant to Section 17 62 070 The Conceptual Master Plan Approval expired on October 12, 1997 The City did not receive a request for extension approval PROPOSAL. The proposal is for Conceptual Master Plan approval and does not propose any changes from the 1994 approved Conceptual Master Plan as described above The area encompasses approximately 1800 acres and is located northwest of State Highway 507, southwest of State Highway 510 in the area of Killion Road, referred to as the SW Yelm Annexation Area The proposal FINDINGS and CONCLUSIONS. 1 Proponent. Co-applicants Thurston Highlands Associates and Dragt/DeTray 2 Location Northwest of State Highway 507, southwest of State Highway 510 in the area of Killion Road, referred to as the SW Yelm Annexation Area 3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News on October 8, 1999, and posted in public areas on October 7, 1999 The notice was mailed to adjacent property owners and the applicant on October 7,1999 4 Existinq Land Use Vacant, rural residential and agricultural 5 Adiacent Land Uses Vacant, rural residential and agricultural 6 Zoning Master Plan Community 7 Soils and Geoloqy Nisqually loamy fine sand dominates the meadow areas and along the creek bank, Spanaway sandy gravelly loam, and Spanaway sandy loam are located on the eastern portion of the property Everett gravelly sand loam and Yelm fine sandy loam can be found on the site Also, a small pocket of Mukilteo muck was located close to some of the wetland areas 8 Wetlands. Yelm Critical Areas Map indicates a primary wetland system on the northeastern portion of the site and numerous smaller wetlands in the southwestern portion of the site The original EIS for the Southwest Yelm annexation contains a wetlands map and a wetlands study of the on-site wetlands The wetlands work performed for the EIS was adequate to consider the impacts on the wetlands from the annexation and the various development scenarios The proposal adequately accommodates the identified on-site wetlands for Conceptual Master Plan approval Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant to show the location of wetland areas within the Master Plan area and "for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant." It is critical to consider the impacts of the Final Master Plan on wetlands, including adjacent, Page 2 of 12 off-site wetlands Prior to Final Master Plan approval the applicant must identify with greater detail and perform further studies of all the on-site wetlands, the large wetland to the south of the planning area and the wetlands to the north of the project area associated with Thompson Creek. 9 Surface Water. Thompson Creek crosses the site, south to north, on the westerly portion of the site Thompson Creek collects surface water runoff and spring water from the south During heavy rainfall and high water periods the water overflows both sides of the creek and floods low meadow areas During the 1996 flood event(s) many residents along Thompson Creek experienced flooding The Flood Insurance Rate Map produced by the Federal Emergency Management Agency, categorizes Thompson Creek, inside the City limits, as a Zone A. Zone A's are flood hazard areas that are inundated by 1 DO-year flood events, but no base blood elevations have be determined Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant to show the location of flood plains and water courses within the Master Plan area and "for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant." It is critical to consider the impacts of the Final Master Plan on Thompson Creek and associated flood plains, including adjacent properties Prior to Final Master Plan approval the applicant must identify with greater detail and perform further studies of the flood plains associated with Thompson Creek on site and to the north of the planning area 10 Ground Water Yelm Critical Areas Map indicates the site contains Category 1, 2, and 3 Aquifer Recharge Areas Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant to provide "any additional information as required by the planning department necessary to evaluate the character and impact of the proposed master plan" Prior to Final Master Plan approval the applicant must identify with greater detail and perform further studies of the ground water and hydrology of the site 11 Transportation and Site Access. Access on the eastern portion of the site is from Berry Valley Road, Longmire Street and Durant Street. Access on the southwestern portion of the site is from Hwy 507 There is no access to the northern or most westerly areas of the site Berry Valley Road and Durand Street are not built to current city standards and are not adequate to safely accommodate the additional traffic generated by the proposed project. Page 3 of 12 The applicant has proposed the main loop road through the planning area, from Highway 507 along the Doyle/Bosequett parcels, through the golf course/single- family residential area, intersecting with the North/South Corridor, and finally connecting with Yelm Avenue along Berry Valley Road and to Killion Road The main loop road is considered the primary essential corridor for the project. Prior to City Council review of the proposed Master Plan, the applicants and the property owners of the commercially zoned property along the primary essential corridor should execute a reciprocal agreement that includes the right-of-way dedication deed for public use To ensure that the primary corridor is viable the applicant shall provide a record of survey for the right-of-way as an Exhibit to the staff report prior to the City Council review of the project. The second essential corridor for the project is the North/South connector This corridor is located within the commercial area and is required to provide for the connection of streets and adjacent services This corridor is located solely on the Thurston Highlands Associates property The right-of-way dedication should occur prior to Master Plan approval The goals and objectives of the City's Comprehensive Transportation Plan require new development to provide connected-streets to promote the efficient flow of traffic within the community The internal street network shall meet this goal and will be approved at time of Master Plan approval The City's Concurrency Ordinance, requires all development to mitigate impacts to the City transportation system Mitigation for off-site transportation impacts include, but are not limited to, payment of the Transportation Facility Charge The applicant shall complete a Traffic Study and Analysis prior to Final Master Plan approval 12 Wastewater The project area is within the City's service area, however the City does not have sufficient sewer treatment capacities for development of the entire site The Master Plan area will be expected to provide sewer services and infrastructure for all new development in the plan area To ensure adequate capacities and the concurrent construction of infrastructure the applicant shall provide a phasing plan for sewer service The phasing plan shall also identify financing options The phasing plan shall be required at time of Final Master Plan approval 13 Water Supplv The project area is within the City's service area, however the City does not have sufficient water rights for development of the entire site The Master Plan area will be expected to provide water service and infrastructure for all new development in the plan area To ensure adequate capacities and the concurrent construction of infrastructure the applicant shall provide a phasing plan for water service The phasing plan shall also identify financing options The phasing plan shall be required at time Page 4 of 12 of Final Master Plan approval 14 Drainaqe/Storm water The completed project will increase impervious surfaces on the site and adjacent streets Impervious surfaces create storm water runoff When uncontrolled and untreated storm water runoff can create health and safety hazards Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant to provide a master drainage plan, including storm water control The applicant must identify with greater detail and perform further study of the existing site drainage and proposed drainage plan 15 Fire Protection Fire protection is provided by the Thurston County Fire District #2 As development occurs there will be additional demands for fire service Prior to approval of the Final Master Plan, the applicant shall identify impacts and mitigation for development phases 16 Police Protection Police protection is provided by the City of Yelm As development occurs there will be additional demands for police service Prior to approval of the Final Master Plan, the applicant shall identify impacts and mitigation for development phases 17 Schools The applicant has shown two potential school sites within the project area The school sites may not provide adequate school facilities in relationship to the project impacts Also, the Southwest Yelm planning area is divided between the Yelm School District and the Rainier School District. Section 28A.315 250 of the Revised Code of Washington requires that each city and town be comprised in a single school district. The statue does not necessarily place the burden for amending the boundaries of a school district on a city In fact, it is the City of Yelm's position that the burden is on either the school districts, the educational service district or the applicant to propose and amend the school district boundaries The applicant shall be responsible for negotiating within the Yelm and Rainier School Districts, as well as their educational service district for the proper modification to the school district boundaries Prior to Final Master Plan approval the applicant shall enter into an agreement with the Yelm School District for provisions for adequate school facilities consistent with State nexus requirements and State funding programs for K-12 education 18 Open Space. The City's Master Plan Ordinance requires the applicant to locate and show the relationship to local parks The city seeks to provide parks and open space to nearly 10,000 projected residents of the Southwest Yelm planning area Page 5 of 12 The City's Open Space and Parks Ordinance requires new development to dedicate five percent (5%) of gross area in single-family designations and ten percent (10%) of gross area in multi-family designations 19 Landscapinq. 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 Chapter 17 80, Landscaping, requires the applicant to provide on-site landscaping for all development proposals In addition, the original EIS identified mitigation measures that include buffer areas around the project site to help form a separation between the proposed development and some offsite agricultural and military uses At time of Final Master Plan approval the applicant shall provide a buffer plan for approval At time of development approval for each phase the applicant shall provide a landscape plan for approval 20 Commercial Development. The applicant has proposed two areas for commercial zones The primary commercial area is 30 acres, adjacent to the North/South essential corridor The City is concerned that commercial development in the Southwest Yelm planning area will not only serve the customer base of the planning area, but will also draw an unacceptable market share from existing established businesses in the downtown and surrounding areas of the City Therefore, the City should impose a limit of 330,000 square feet of commercial floor space in the primary commercial area Also, commercial development should occur concurrently with a population base in the planning area that can support the commercial uses The City should restrict commercial development to 15,000 square feet of gross floor area with the initial Master Plan At such time when 1250 dwelling units are constructed and the entire primary essential transportation corridor (Loop Road) is constructed, the remaining 315,000 square feet of gross floor area will be allowed The second commercial area is five (5) acres located in the southwest area of the site and is intended to be centered around the golf course club house This commercial node is adjacent to and is served by access from the main loop road The city is similarly concerned with the market share that this node will draw from downtown Therefore, the City should impose a limit of 15,000 square feet of gross floor area Because the Master Plan is its own zoning district, the Commercial District development standards do not apply to commercial development in this planning area To ensure the commercial development is consistent with City development standards, the primary commercial area (30 acres) shall be subject to the provisions of Chapter 17.26, Commercial Zone (C-1) and the secondary commercial area (5 acres) shall be subject to the provisions of Chapter 17 24, Central Business District (CBD) Page 6 of 12 21 Desiqn Guidelines For the commercial areas of the project site the City Design Guidelines should be utilized to ensure commercial development is consistent with City goal's and policy's The Design Guidelines require developers to consider. 1 Site Planning - the location, orientation and relationships of buildings, parking lots and other features 2 Pedestrian Access - pedestrian circulation, safety and comfort. 3 Vehicular Access and Parking - location and size of driveways, access roads and parking lot. 4 Building Design - design elements anc character of built structures 5 Site Design and Landscaping - character and qualities of landscaping, open space and other site features The primary commercial area (30 acres) shall be designated Village Retail The secondary commercial area (5 acres) shall be designated Old Town 22 Environmental Review: In February of 1993, the City of Yelm published an Environmental Impact Statement for the annexation and development of the Southwest Yelm area That EIS considered the impacts associated with annexation as well as various conceptual development scenarios With this extensive environmental review in place, the City determined that an addendum to the final Environmental Impact Statement would satisfy the need to review additional information and analysis for the original conceptual master plan review On July 11, 1994, the city of Yelm issued an Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexation Staff Recommendation. Staff recommends the project be approved with the following conditions of approval and that the Planning Commission forward the proposal to the City Council for review and approval CONDITIONS OF APPROVAL 1 DensitiesIDwellin9 Units a The total number of dwelling units allowed in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling units This overall maximum is further allocated to each ownership group within the Master Plan area according to the attached Exhibits A, B, C Page 7 of 12 b The minimum number of dwelling units in the Master Plan area shall be computed on the basis of 3 5 dwelling units per net developable acre Net developable acre is the land measurement remaining after subtracting required open space, environmentally sensitive areas, parks, transportation and utility corridors, and any other un buildable area The minimum density shall be applied and enforced according to the minimum dwelling units allowed by the attached Exhibits A, B, C c Accordingly, therefore, development in the Southwest Yelm Master Plan shall be between 3,946 dwelling units and 5,000 dwelling units d Zoning Standards - To accomplish a balanced community the purpose of the Conceptual and Final Master Plan is to write the zoning ordinance for the SW Yelm Annexation area The Final Master Plan shall provide for a variety of housing types Housing types may include single family detached, single family attached, duplexes, zero lot line, manufactured homes, modular homes, and townhouses Allocation of housing types shall not exceed 50% of anyone type within a phasing area as identified in the Final Master Plan At the time of final master plan application the applicant shall provide the city with development standards for approval In the event the approved development standards for the Southwest Yelm plan area, do not address a development standard, Chapter 17 15, Moderate-Density Residential District (R-6) shall govern e If, after the complete build-out in any particular area within the Master Plan area, the City determines that the net density in that particular area is below the maximum net density allowed for that area, any remaining unused density may be transferred in the form of dwelling units to another property owner within the Master Plan area, subject to approval by the City Nothing in this paragraph shall be deemed to allow development in excess of the overall maximum of 5,000 dwelling units in the Master Plan area 2. Transportation a The Conceptual Master Plan approval requires the establishment of two Essential Utility and Transportation Corridors The primary essential corridor is the main loop road that connects to State Highway 507, loops through the Thurston Highland Associates parcel, intersects the North/South essential corridor (referred to as Y-1 corridor in previous approval), follows Berry Valley Road and connects to State Highway 510 at Killion Road The main loop road corridor will be constructed as a "Boulevard" under the Minimum Street Design Standards adopted in the City's Development Guidelines b The second essential corridor will serve as a North/South connector The purpose of the north/south corridor is to provide for the connection of streets and adjacent commercial services c Thurston Highland Associates, Dragt/DeTray and the property owners of the Page 8 of 12 commercially zoned property along the primary essential corridor shall execute a reciprocal agreement to include the right-of-way dedication deed for public use The applicant shall provide a record of survey as an Exhibit to the staff report prior to the City Council public hearing for the Conceptual Master Plan approval d The right-of-way dedication will give each property owner the right to dedicate the entire stretch of the corridor to the city in conjunction with Final Master Plan approval Dedication will occur at time of final project development approval by phases e The Final Master Plan shall identify transportation infrastructure construction with phasing Those phasing projects could include financing options to include a developer extension, Local Improvement District, Latecomer's Agreement or combination thereof f The North/South Corridor shall be placed in a right-of-way deed of sufficient width to meet City Development Standards at time of Final Master Plan approval This will ensure that structures are not constructed in the area that could potential serve as the future transportation corridor The Corridor shall be dedicated to the City at such time it is constructed to City standards g The applicant shall obtain from Thurston County all necessary permits for crossing the Yelm/Tenino railway right-of-way owned by Thurston County h The applicant shall secure a Highway Access Permit from the Washington State Department of Transportation (WSDOT) prior to Final Master Plan approval The applicant shall prepare a Traffic Study and Analysis prior to Final Master Plan approval 3. Utilities a As of Conceptual Plan application date, there are not sufficient water rights and sewer treatment capacities for development of the entire Southwest Yelm Master Plan area The Master Plan area will be expected to provide water, sewer and sites for reuse of reclaimed water for all new development in the plan area b All costs of water, sewer and reclaimed water reuse areas and services, including line extensions and necessary capacity upgrades shall be borne by the applicant. All such utilities shall be designed and constructed in accordance with the Development Guidelines adopted by the City of Yelm, the Department of Ecology, the Department of Health, the Fire District and any other agency with jurisdiction over such utilities c At Final Master Plan approval, the applicant shall provide a phasing plan for the construction of utility infrastructure that will identify financing options and may include a developers agreement, Latecomer's Agreement, a Local Improvement Page 9 of 12 District or some combination thereof d Thurston Highlands Associates and Dragt/DeTray L.L.C shall, as a condition of Final Master Plan approval, enter into an agreement with the City to grant easements, a lease or a license to the City, or a combination thereof, to make use of its property for reuse of reclaimed water, in a manner consistent with the Water Reuse Facilities Plan adopted July 1995, necessary to serve the phases of the overall Master Plan e Prior to Final Master Plan approval the applicant shall prepare a master drainage plan, including storm water control 4. Commercial Development a Commercial development in the 30 acre commercial tract along the North/South Corridor of the Southwest Yelm Conceptual Master Plan area shall be limited to a total of 330,000 square feet of commercial floor space to be phased with development as follows 1 Chapter 17 26, Commercial Zone (C-1) shall govern the use of land and development standards in the Southwest Yelm Conceptual Master Plan commercial area 2 Fifteen thousand (15,000) square feet of commercial floor space may be authorized initially upon final Master Plan approval 3 The remaining 315,000 square feet of commercial floor space will be allowed after the construction of 1,250 dwelling units (25% of the total dwelling units allowed) and completion of the loop road in the entire Master Plan area Timing is designed to assure that the new Commercial Center has adequate transportation facilities and density to support a satellite commerce center and not significantly effect the City goal of consolidating commercial development in the urban core 4 Commercial development in this area will be consistent with the Yelm Design Guidelines The commercial area shall be designated Village Retail, per the City Design Guidelines, with all streets adjacent to commercial development being classified as pedestrian oriented Commercial development in this area will be modeled on a neighborhood village concept. b Commercial development within the five (5) acre commercial designation near the clubhouse in the Thurston Highlands Associates ownership shall be developed according to Chapter 17.24, Central Business District. Commercial development in this area will be consistent with the Yelm Design Guidelines The commercial area shall be designated Old Town, per the City Design Guidelines, with all streets adjacent to commercial development being classified as pedestrian oriented Commercial development in this area will be Page 10 of 12 modeled on a neighborhood village concept. 5. Open Space and Parks a Development within the Master Plan area shall comply with the City of Yelm Open Space Ordinance The Open Space Ordinance requires the dedication of five percent (5%) of gross area in single-family designations and ten percent (10%) of gross area in multi-family designations 1 Thurston Highlands Associates shall dedicate a minimum of 62 acres of open space phased concurrently with development according to the City's level of service standards and the Open Space Ordinance Thurston Highlands shall dedicate the currently shown 10 acres of park in two parcels One park (community park) shall be suitable for active recreation, such as softball or soccer fields The other park (neighborhood park) shall be suitable for more passive recreation such as picnic areas, walking trails, etc The remaining 52 acres shall be dedicated consistent with band/or c below 2 Dragt/DeTray shall dedicate 11 acres of park/open space phased concurrently with development according to the City's level of service standards and the Open Space Ordinance One park (community park) shall be suitable for active recreation, such as softball or soccer fields The other park (neighborhood park) shall be suitable for more passive recreation such as picnic areas, walking trails, etc b Thurston Highlands Associates may propose a portion of the golf course to meet its remaining open space requirements To do so, the applicant must establish that maintaining it as a private open space satisfies all of the criteria of Title 14, Chapter 14 12, Open Space and Parks, other than dedication, and that it serves the purposes of the ordinance A private open space must be accessible to the general public Thurston Highlands may offer a portion of the golf course to meet its open space obligations provided one or more of the following alternatives 1 a Open the golf course to the general public; or 1 b Create a system of trails throughout the golf course with an easement for public use c Thurston Highlands Associates will dedicate additional acres of park (up to 52 acres) to equal the minimum acres required by the City's Open Space Ordinance All open space areas shall be identified prior to Final Master Plan approval 6. Schools The Final Master Plan shall show an agreement with the Yelm School District for Page 11 of 12 provisions for adequate school facilities consistent with State nexus requirements and State funding programs for K-12 education 7. Environmental Review a The mitigating measures identified in the Final Environmental Impact Statement and Addendum to the Final Environmental Impact Statement shall be satisfied in the development of the Southwest Yelm Conceptual Master Plan Those mitigating measures are adopted herein by this reference and made a part hereof b The City will require additional detailed studies at the time of application for Final Master Plan approval Those studies shall be supplements to the Final Environmental Impact Statement and shall identify specific phasing impacts and mitigation The studies may include, but are not limited to, Traffic Impact Analysis, Thompson Creek and Flood Plain Analysis, Storm water Analysis, Wetland Report and Delineation, Ground Water and Hydrology Analysis, and Soils and Geology Study 8. Procedural Issues a Final Master Plan Approval shall be processed in accordance with Yelm Municipal Code, Title 17, Chapter 17 62, Master Plan Development. b Each of the major planning areas (Thurston Highlands Associates, DragUDeTray, and other parcels) may proceed independently with Final Master Plan approval, provided that the overall requirements of this Conceptual Master Plan approval are satisfied c Each of the major planning areas (Thurston Highlands Associates, Dragt/DeTray, and other parcels) may proceed independently with modification requests with respect to an individual planning area independent of the other planning areas so long as the changes are consistent with the overall City Comprehensive Plan d Property owners within the Master Plan Area who own 20 acres or less shall be allowed to plat said property without Final Master Plan approval All platting shall be consistent with City Development Guidelines and the conditions of the Conceptual Master Plan Page 12 of 12 City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 May 5, 2004 K. Frank Kirkbride The Kirkbride Group 4405 Seventh Avenue SE, Suite 301 Lacey,WA 98503 Re Prairie View (MPD-98-8216-YL) Dear Frank: As you are aware, the Yelm Planning Commission took action to recommend approval of the Prairie View Master Planned Development to the City Council in"October, 1999 This recommendation was conditioned upon the developer obtaining access to SR 510 at the Killion Road extension Specifically, the condition stated Thurston Highlands Associates, DragtlDeTray and the property owners of the commercial zoned property along the primary essential corridor shall execute a reciprocal agreement to include the right-of-way dedication deed for public use The applicant shall provide a record of survey as an Exhibit to the staff report prior to the City Council public hearing for the Conceptual Master Plan approval The right-of-way dedication will give each property owner the right to dedicate the entire stretch of the corridor to the city in conjunction with Final Master Plan approval Dedication will occur at a time of final project development approval by phases In October of 2002, the City Attorney provided you with legal descriptions and dIrection on a method to meet the Planning Commission's condition. In January of 2003, the City Attorney responded to your request that he review a draft QUit Claim Deed As of today, nothing further has been submitted to the City of Yelm regarding this matter As there has been no significant progress towards completion of this project in well over a year, the City of Yelm will consider it to be withdrawn unless a reciprocal agreement to Include the right-of-way dedication deed for the Killion Road extension IS submitted within 30 days of the date of this letter rant Beck, Director Community Development Department c Henry Dragt (360) 4;';8-38:J.) (360) 458-:JU4 FAX www.ci.yelnl.wa.Il.~ OWENS DAVIES., P.S. I?~C~/V~O J4N 03 2003 Attorneys at Law Frank J Owens Arthur L. Davies John V Lyman Richard G. Phillips, Jr Brian L. Budsberg Michael W Mayberry Kirk M. Vels Robert F Hauth Matthew B. Edwards Brent F Dille Theda Braddock Fowler* Ruth S. Sparrow** Mark 0 Erickson, Of Counsel Street Address: 926 - 24th Way SW Olympia, Washington 98502 Mailing Address: POBox 187 Olympia, Washington 98507 Phone (360) 943-8320 Facsimile (360) 943-6150 Burton R. Johnson (1970) January 2, 2003 '"Also Admitted in California, Maryland and Massachusetts ** Also Admitted in Pennsylvania Mr K. Frank Klrkbnde 4405 Seventh Ave. SE, Ste. 301 Lacey, W A 98503 RE KIlhon Road RIght of Way Dear Mr Klrkbnde I am m receipt of your e-mail correspondence dated December 9, 2002, and unfortunately, your QUIt Claim Deed does not meet with the City'S approval. The City reqUIres a QUIt Claim Deed that conveys property directly to the City without any contmgencles contamed wlthm the Deed Itself. You may however propose m a separate agreement signed by your chent and the property owner that the Deed Will not be recorded upon the happemng of certam events. If you have any questIOns with regard to the above, please do not hesitate to contact me. I look forward to seemg your revised QUIt Claim Deed and proposed agreement m the very near future. I remam. BFD/cf cc Ms. Shelly Badger Mr Grant Beck C'571BFD CllENTSIYELMlTHURSTON HIGHLANDSIL TR KIRKBRIDE 1~2302.DOC ]E~-23-02 MON 11 19 AM OWENS DAVIES FAX NO 3609436150 P 2 ... ~( (. f OWENS DAVIES, P.S. Attorneys at Law Prank J OWCl'\S Arthur L. Davi<:s John V Lyman Richard G. Phillips, Jr BHan L. Dudsbcrg Michael W Mayberry KIrk M VCIS Robert F Hauth Matthew I3 Edwards Brent P Odic Theda Draddock Fowler. Ruth S. Sparrow.... Mark 0 EricKson, Of Counsel Street Address: 926 . 24'h Way SW Olytl'lpia, Washington 9850:2 Matibag Address: POBox 1&1 Olympia, Washlllgton 98507 Phone (360) 943-8320 Facsimile (360) 943-61 SO BuTton R. Johnson (1970) December 23, 2002 · Also ^dtnl\t~<l in Callfor'''a, Marylond and Mass~chllSCIIS '.Also Admillc;d III Pennsylvania DRAFT DRAFT DRAFT Mr K. Frank Ktrkbnde 4405 Seventh Ave, SE, Ste. 301 Lacey. W A 98503 RE. Ktllion Road RIght of Way Dear Mr Kirkbride' I am In reCclpt of your e-mail correspondence dated December 9, 2002, and unfortunately, your QtlJt Clallu Deed does not meet with the Clty's approval The City requlres a QUIt Clanu Deed that conveys property dJrectly to the Ctty without any contmgencles contamed wlth1l1 the Deed Itself, You may however propose In a separate agreement sIgned by your chent and the property owner that the Deed w1l1 not be recorded upon the happenmg of certam events. If you have any questions with regard to the above, please do not hesitate to contact me I look forward to seemg your reVIsed QUIt Claim Deed and proposed agreement m the very near future. 1 remam ,. Very truly yours, OWENS DAVIES, P S, Brent F Dille BFD/cf cc Ms. Shelly Badger Mr, Grant Beck C 15110 po CLJeNTSIYH-MlTllVll.STQN lIfGIfLANDSll Tit ICJRKJl~lDe ll'l02 DOC ]Et-23-02 MON II 19 AM OWENS DAVIES FAX NO 3609436150 P 1 Jld J "" q ~...lIICl""" --...........'='="~~"::r. OWENS DAVIES, P.S.) Attorneys at Law 926-24th Way S W , Olympia, W A 98502 POBox 187, OlympIa, W A 98507 Phone (360) 943-8320 Fax (360) 943-61 SO =~=~ ~ ~-=-= "FAX" COVER SHEET Fax number TO Ms. Shelly Badger and Mr. Grant Beck (360) 458w3144 FROM Brent F Dille DATE December 23, 2002 NUMBER OF PAGES 2 (includmg this page) DOCUMENT COMMENTS Hard copy WIll not be sent THIS FACSIMILE MAY CONTAIN CONFIDENTIAL. PRlVILEGED INFORMATION INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED DO NOT READ, COpy, OR DISSEMINATE TllIS INf'ORMA TION UNLESS YOU ARE THE ADDRESSEE (OR THE PERSON RESPONSIBLE FOR DELIVERING IT). If YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE CALL US COLLECT IMMEDIATELY AT 360-943-8320 AND RETURN THE ORIGINAL COMMUNICATION TO OWENS DAVIES, P.S., POBOX 187, OLYMPIA, W A 98507, VIA THE POSTAL SERVICE. MAIUNG COSTS WILL BE REIMBURSED THANK YOU If you dId not receive an copies, or If any are dleglble, please call Chns at (360) 943-8320 OWENS DAVIES, P.S. Attorneys at Law Frank J Owens Arthur L. Davies John V Lyman Richard G Phillips, Jr Brian L. Budsberg Michael W Mayberry Kirk M Veis Robert F Hauth Matthew B Edwards Brent F Dille Theda Braddock Fowler* Ruth S. Sparrow** Burton R. Johnson ( 1970) October 25, 2002 Mr K. Frank KIrkbnde 4405 Seventh Ave SE, Ste 301 Lacey, W A 98503 RE Dragt/DeTray Dear Frank Enclosed please find nght-of-way descnptlOns for the followmg propertIes 1 James RamIrez, 2 Sandra Lea NiccolI, Russell Hendnckson and Sheryl BenedIct, 3 Mark and Darcy Shaffer; 4 Hollamer Investments, LLC, and 5 Yelm VIllage Development Company, LLC Street Address: 926 - 24th Way SW Olympia, Washington 98502 Mailing Address: POBox 187 Olympia, Washington 98507 Phone (360) 943-8320 Facsimile (360) 943-6150 *Also Admitted in California, Maryland and Massachusetts ** Also Admitted in Pennsylvania If you have any questIons or concerns, please do not hesItate to contact me I remam Very truly yours, BFD/cf Enclosures cc Mr Grant Beck Ms Shelly Badger C\57\IlFD CLlENTSIYEl.M\DRAGT DETRA Y,LTR KIRKBRlDE I02502.DOC ,.,. -I> EXHIBIT A JAMES A. RAMIREZ PARCEL NUMBERS 21724131000 & 21724131100 PARCEL DESCRIPTION That part of the South Half of the Northeast Quarter, Section 24, Township 17 North, Range 1 East W M described as follows Beginning at a point 20 ft north and 20 ft east of the southwest corner of said Northeast Quarter of Section 24, running thence northerly parallel with the west line of said Northeast Quarter 1008 79 feet; thence southeasterly parallel with Hwy 510 a distance of 1664 72 feet, more or less, to a point 20 feet north of the south line of said Northeast Quarter; thence westerly parallel with said south line 1317 72 feet, more or less, to the point of beginning Together with those portions of said South Half of the Northeast Quarter described in Judgement and Decree recorded under Thurston County Auditor's File Numbers 3092443 and 3092444 Excepting therefrom that portion described in Quit Claim Deed recorded under Thurston County Auditor's File No 3432846 RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the southwest corner of the above described parcel, thence, along the west line of said parcel, North 1028'15" East 25 00 feet; thence South 88014'31" East 24983 feet to the beginning curve, the radius point of which bears North 1045'29" East 455 00 feet; thence northeasterly along said curve, through a central angle of 52045'02" an arc distance of 418 91 feet; thence North 39000'27" East 299 82 feet to the northeasterly line of said parcel; thence, along said northeasterly line, South 50056'43" East 25 00 feet, South 39000'27" West 20 00 feet, South 50056'43" East 40 00 feet, North 39000'27" East 40 00 feet and South 50056'43" East 2500 feet; thence South 39000'27" West 319 75 feet to the beginning of a curve, the radius point of which bears North 50059'33" West 545 00 feet; thence southwesterly along said curve, through a central angle of 11041'00" an arc distance of 111 13 feet to the beginning of a curve, the radius point of which bears South 39018'33" East 35 00 feet; thence southerly along said curve, through a central angle of 118041'48" an arc distance of 72.51 feet to the beginning of a curve, the radius point of which bears North 21059'39" East 160 00 feet; thence easterly along said curve, through a central angle of 20014'10" an arc distance of 5651 feet to the south line of said parcel, thence, along said south line, North 88014'31" West 67397 feet to the point of beginning Containing an area of 66,084 square feet or 1 517 Acres more or less ,,\R I CI( ~ ~?- of WASlt/~, ~ 10~~ 11011-'1101- '}, ~ 27192 ~ .::,.41 ~ o 5>5> ~GISTE?-S '0"<;-..\.:; t::l " /0 S t::l IVAL LA~\) ~ 12/08/02 ~ '" '\. , SEe 24 T17N R1E WM,/ 1 I I I I I I I I I I I Lu I I It) I I lX:) I I 5'\1 I - a <: s- So. s6" ~.J" ~ , , , , , , , , , , , , , , , , , , , , 21724131000 & 21724131100 RAMIREZ, JAMES A. :.?5 : 249 83 CENTERLINE !::,.= 52045'02" R=500.00 L= 460.34 4\'0 9' 20 CEN TERlINE !::,.= 56049'27" R=180 00 L= 178.52 LBERRY V AI:IE\L-R9 T- 20 NW 1/4 SE 1/4 ,\RICI( ~ ~ of WASIt/ ~ ....~ -t".-. 0 1~:: ~ ~3Y( E Ck 27192 ~ ,::.41 ~ -i'eClSTf.\\~ <:>~ Q>1i CO O^'4L LA~U EXPIRES: 12/08/02 10 7..'IIen- t 1 SKILLlttGS CONNOLLY SCALE IN FEET ....- I o 50 100 200 ~'" I;:lP r' Co EXHIBIT A SANDRA LEA NICCOLI, RUSSELL LLOYD HENDRICKSON AND SHERYL LYNN BENEDICT. PARCEL NUMBER 21724420200 PARCEL DESCRIPTION The East Half of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 24, Township 17 North, Range 1 East of the Willamette Meridian, Excepting therefrom the North 20 feet for County Road known as Hughes Street, a/k/a Berry Valley Road All in Thurston County, State of Washington RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the northwest corner of the above described parcel, thence, along the north line of said parcel, South 88014'31" East 80 93 feet to the beginning of a non- tangent curve, the radius point of which bears North 15039'48" West 54500 feet thence westerly along said curve, through a central angle of 8043'58" an arc distance of 83 07 feet to the west line of said parcel, thence, along said west line, North 1028'38" East 18 75 feet to the point of beginning Containing an area of 846 square feet or 0 019 Acres more or less ,\R1Ck ~ ~ of WAS/f -to d7~~ .' l",o9t.~ 1f. & o .>.:; ~ ~ 27192 <;> .::,.4< 0'0' ~CISTEtl.~ <::,'<;- /0 ? J\rAL LA~\) EXPIRES 12/08/02 to/l4~'L- ;-1' '" SEe 24 T17N R1E WM CENTERLINE ("'\ 6= 52'45'02" ~O'f"-V /' R= 500 00 ~~ L= 460 34 ~\;'V 45 /" _ _ _ ~_ _ ~__, 2,0 - 45 - --..::.... - - , -----=-- I -- - - r =- - - _ ISERRY VALLEY ROAD - t- - - 7 20 J ~ 88'14'31" [ PROPOSED R/W C1 6= 8'43'58" R= 545.00 L= 83.07 21724420200 NICCOLI, SANDRA L. HENDRICKSON, RUSSELL LLOYD BENEDICT, SHERYL LYNN SCALE IN FEET ~ I o 25 50 100 NW 1/4 SE 1/4 ~RICI( ~ ~ of WASIt/ ./:> &. ~....<t> . ..",,)\ ~ 1. ~ . . """ ~ ~ ~ ~ 27192 ~ ~"" U'<s> ~ClSTE~<t> ~~ /O^'AL LA~U '0 EXPIRES: 12/08/02 10 '14 a'L-- - -ll SKILLINGS COttttOLL Y ~ ..t> EXHIBIT A MARK F. & DARCY R. SHAFFER PARCEL NUMBER 21724420300 PARCEL DESCRIPTION The West Half of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 24, Township 17 North, Range 1 East, W M in Thurston County, Washington RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the northwest corner of the above described parcel, thence, along the north line of said parcel, South 88014'31" East 331 74 feet to the east line of said parcel, thence, along the east line, South 1028'38" West 18 75 feet to the beginning of a non-tangent curve, the radius point of which bears North 6055'50" West 54500 feet; thence westerly along said curve, through a central angle of 8041 '19" an arc distance of 8265 feet; thence North 88014'31" West 24938 feet to the west line of said parcel, thence, along said west line, North 1028'15" East 25 00 feet to the point of beginning Containing an area of 8,122 square feet or 0 186 Acres more or less 10 (?J-{ 01- ,. .. ~J> SEe 24 T17N R1E WM CENTERLINE 6= 52.45'02" R= 500.00 L= 460 34 Lu S 88.14'31" [ 249 38 C1 18.75 20 It) 25 - D.:l Lu f'I PROPOSED R/W . - D.:l 0 C1 !'1 ~ 6= 8.41'19" D.:l f'I R= 545.00 0 L= 82.65 ~ 21724420300 SHAFFER, MARK F & DARCY R. NW 1/4 SE 1/4 SCALE IN FEET ...- , o 25 50 100 (ot 2--1/01.- l, SKilLINGS COHHOLLY t ~ r "- EXHIBIT A HOLLAMER INVESTMENTS LLC PARCEL NUMBERS 21724130600 & 21724130602 PARCEL DESCRIPTION Parcels A and B of Boundary Line Adjustment No BLA-86-01, as recorded December 2, 1986, under Thurston County Auditor's File No 8612020094, Subject to easements, restrictions, reservations, covenants, and agreements of record Situated in the Southwest Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W M , Thurston County, Washington RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the northeast corner of the above described parcel, thence, along the north line of said parcel, North 50056'43" West 59 97 feet to the beginning of a non- tangent curve, the radius point of which bears South 39003'17" West 35 00 feet; thence southerly along said curve, through a central angle of 89057'10" an arc distance of 5495 feet; thence South 39000'27" West 55485 feet to the south line of said parcel, thence, along said south line, South 50056'43" East 2500 feet to the east line of said parcel, thence, along said east line, North 39000'27" East 589 82 feet to the point of beginning Containing an area of 15,008 square feet or 0 345 Acres more or less ~ ... SE 1/4 NE 1/4 SEe 24 T17N R1E WM SR 510 (YELM-OL YMPIA ROAD) N 50'56'43" W C1 C 6.= 89'57'10" R=3500 l= 54 95 PARCEL B BLA -86-01 ---------------t------ -- I~ ~ ~ C'? 00 oo<("=t()) U) C'? (Q 00 ~ozU) """ U) fV' u.. U) u- <:t: ll.I U) ll.IZO. . W " ll.I "OW ~ i-.. ~_Iog ~ g-10 ~ o ~-1al<) p I<)~o::::<: ()) <:.... W I<) D.... <: ~ PARCEL A BLA -86-01 21724130600 & 21724130602 HOLLAMERINVESTMENTS LC x IW 25 25 -------------------------------- S 50'56'43" E -- -------------------------------- 45 , , S 50'56'43" ~_ C2 () ...J ...J >- z <:t: D.... ~ o o I- Z ())Ow "O~ ",,"f'.-D.... ")00 U)C'?...J ~w ll.IN> f'.-W ~NO ~ W o ~ P <:t: ()) ...J I<) ...J <: :> ~ ...J W >- ~ ~ ~ ~ ~ C2 6.= 90'02'50" R= 3500 l= 55 01 ~ SCALE IN FEET ~ o 25 50 I 100 li{) (~/OL- S 50'56'43" [ l., SKILLltlGS COtltlOLLY 45 r:t EXHIBIT A YELM VILLAGE DEVELOPMENT COMPANY LLC PARCEL NUMBER 21724130700 PARCEL DESCRIPTION That part of the Southwest Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W M described as commencing at the intersection of the southwest line of Yelm Avenue and the northwest boundary of Solberg's First Addition to Yelm as recorded in Volume 9 of Plats, page 31, thence North 53030'30" West 1709 6 feet to the true point of beginning, thence South 37056' West 570 18 feet; thence North 53030'30" West 80 94 feet; thence North 37056' East 570 18 feet to the southwesterly line of said Yelm Avenue, thence South 53030'30" East along said southwesterly line to the point of beginning (Being a portion of Tract 17 and 18, Solberg's Garden Tracts, an unrecorded plat.) Situate in Thurston County, State of Washington RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the northwest corner of the above described parcel, thence, along the north line of said parcel, South 50056'43" East 6003 feet to the beginning of a non- tangent curve, the radius point of which bears South 39003'17" West 3500 feet; thence westerly along said curve, through a central angle of 90002'50" an arc distance of 5501 feet; thence South 39000'27" West 53479 feet to the south line of said parcel, thence, along said south line, North 50056'43" West 25 00 feet to the west line of said parcel, thence, along said west line, North 39000'27" East 569 82 feet to the point of beginning Containing an area of 14,509 square feet or 0333 Acres more or less '\.R I Cl( ~ I?- of WAS/j .;;> ~. f;;~ ~ y~ J; ~ 4,> ~ ~ 27192 ~ .\ U'U' ~GISTEt'~ <0<<;- /0 ? IVAL L1\1'\\) EXPIRES 12/08/02 10 -7,'-/ 101- . ~ .l' SE 1/4 NE 1/4 SEe 24 T17N R1E WM SR 510 (YELM-OL YMPIA ROAD) N 50'56 43 W C1 C 6.= 89'57 10" R=.3500 L= 54 95 PARCEL B BLA -86-01 25 ---------------1;------ -- I~ NC'\l C'\l 0 '" CX) CX)..-r"'"m Ll) "-l.. '" lO CX) ~OZlO 't lO 0::: u... Ll) <{ W lO LuZO: : W l'-.. Lu l'-.. 0 W C'\l C'\l 00 ~ g -11 u ~ a ~-10"1 p "1 ,~ a:: z O'l z~w "1 Q... ~ 21724130600 & 21724130602 ~ HOLLAMERINVESTMENTS LC IW PARCEL A B LA -86-01 z 25 25 --- - - - -- - - - --- -- - -- ------ -- - ---- S 50'56 43 [ -- -------------------------------- 45 ~\ ~\~ ~ S 50'56 43 G ~ ~ ~ ~ ~ 20 25 U -1 -1 >- Z <{ Q... ~ o U f- Z moW l'-..o~ 'tf'-Q.. "100 lO"'-1 ;W WN> f'-W "NO .C'\l W o <..? p <{ O'l -1 "1 -1 Z > ~ -1 W >- C2 6.= 90'02 50 R= .35 00 L= 5501 ~ SCALE IN fEET ~ o 25 50 I 100 45 S 50'5643 [ l. , SKILLINGS (OtltlOLL Y l~SKBLLI"GS CO""OLlY RECEIVED OCT 25 2001 Consulting Engineers PO Box 5080, Lacey, WA 98509-5080 (360) 49i -3399 FAX (360) 491-3857 TO '"' i I ." , 'k (~VI 'I i i; ! .' p ., ~_/ ..t.J ;~ ~"'1 ~ ; ,1 J }(-:? "::: WE ARE SENDING YOU 0 Attached 0 Under separate cover via o Shop drawings o Copy of letter o Prints o Plans o Samples o Specifications o Change order o LETTER OF TRANSMITTAL DATE /.~- I JOB NO. .) L,J - (~ r!(._ ATTENTION RE the following items. COPIES DATE NO. DESCRIPTION ; I/, / / (I . / ("' i S I (I ;, i : ! t: vI r, OO.~ r ~ -r- __ .VI I / J j f. -t'.-c; .2 CJ S" .:, ^- I. I 7-.. -- - i ., f THESE ARE TRANSMITTED as checked below o For approval o For your use o As requested o Approved as submitted o Approved as noted o Returned for corrections o For review and comment 0 o Resubmit_ copies for approval o Submit copies for distribution corrected prints o Return o FOR BIDS DUE 20 o PRINTS RETl!RNED AFTER LOAN TO US REMARKS L1t r' / ' I I krV (1.-f--' I l '-".A I .J '- 'J 1/ If enclosures are not as noted. kindly notify us at once. SIGNED J rr-Y11 1 1 './ 1/ . / / I 1//.,1/". --, )l\ ......_.I.~/ .' ~ ~/ if l> ,~ EXHIBIT A MARK F. & DARCY R. SHAFFER PARCEL NUMBER 21724420300 PARCEL DESCRIPTION The West Half of the Northwest Quarter of the Northwest Quarter of the Southeast _Quarter of Section 24, Township 17 North, Range 1 East, W M in Thurston County, Washington RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the northwest corner of the above described parcel, thence, along the north line of said parcel, South 88014'31" East 331 74 feet to the east line of said parcel, thence, along the east line, South 1028'38" West 18 75 feet to the beginning of a non-tangent curve, the radius point of which bears North 6055'50" West 545 00 feet; thence westerly along said curve, through a central angle of 8041'19" an arc distance of 82.65 feet; thence North 88014'31" West 24938 feet to the west line of said parcel, thence, along said west line, North 1028'15" East 25 00 feet to the point of beginning. Containing an area of 8,122 square feet or 0 186 Acres more or less 10 I 1>/ o''L- f' o '" I{ SEe 24 T17N R1E WM CEN TERLlNE 1::.= 52'45'02" R= 50000 L= 460 34 Lu t S 88'14'31" [ 249 38 C1 20 ll) 25 .- Lu ro ~ PROPOSED R/W : - ro a C1 !'"> ;z: 1::.=8'41'19" Q,) ~ R= 545.00 - a L= 82.65 ;z: 21724420300 SHAFFER, MARK F & DARCY R. NW 1/4 SE 1/4 SCALE IN FEET ~ ' o 25 50 100 10 { 2-~ {OL- L 1 SKILLInGS CONNOLLY EXPIRES: ------- :. '" ... EXHIBIT A SANDRA LEA NICCOLI, RUSSELL LLOYD HENDRICKSON AND SHERYL LYNN BENEDICT. PARCEL NUMBER 21724420200 PARCEL DESCRIPTION The East Half of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 24, Township 17 North, Range 1 East of the Willamette Meridian, Excepting therefrom the North 20 feet for County Road known as Hughes Street, a/k1a Berry Valley Road All in Thurston County, State of Washington RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the northwest corner of the above described parcel, thence, along the north line of said parcel, South 88014'31" East 80 93 feet to the beginning of a non- tangent curve, the radius point of which bears North 15039'48" West 54500 feet thence westerly along said curve, through a central angle of 8043'58" an arc distance of 8307 feet to the west line of said parcel, thence, along said west line, North 1028'38" East 18 75 feet to the point of beginning Containing an area of 846 square feet or 0 019 Acres more or less <\RICl( ~ \:-> of WAS/t .P ~~ I.tQ 0 [:...., s.:'t' 0 -;.;.. 1 ~ & o .:.;; ~ <I' 27192 ~ .:;..41 \l'\l' eGISTE\1.~ -\j'<;- /ONAL LAl'\\) '? EXPIRES. 12/08/02 lo/~4~rz- /!, Co SEe 24 T17N R1E WM 20 CENTERLINE ("\ 1:::,.= 52"45'02" <(-..O~V / R= 500 00 '\~~ L= 460 34 ~\.-\; 45 /' ~ - - -::.. - 45 - - - ::..> ~~ - -~ - [ _ _ _ - - \-:: - --=--t-- - - _- ISERRYVALlEYROAD -r --7 20 J ~ 88"14'31" E PROPOSED R/W Cl 1:::,.= 8"43'58" R= 545.00 l= 83.07 21724420200 NICCOLI, SANDRA L. HENDRICKSON, RUSSELL LLOYD BENEDICT, SHERYL LYNN NW 1/4 SE 1/4 <\R I CI( ~ ~ of WAS/f/ ,/;> ...~ "'^ 0 t:.....~. ..~-;.;.;. rd . . ~ .J. t:l:: ~ E ~ ~ 27192 ~ ~t:v Q'Q> ~ClSTE\l.~ <J~ YONAL LA~U '0 EXPIRES: 12/08/02 1'0 ?-<1 ~ - -ll SKILLINGS COHtlOLLY SCALE IN FEET ,,-_ I o 25 50 100 '), ? EXHIBIT A JAMES A. RAMIREZ PARCEL NUMBERS 21724131000 & 21724131100 PARCEL DESCRIPTION That part of the South Half of the Northeast Quarter, Section 24, Township 17 North, Range 1 East W M described as follows. Beginning at a point 20 ft north and 20 ft east of the southwest corner of said Northeast Quarter of Section 24, running thence northerly parallel -with the west line of said Northeast Quarter 1008 79 feet; thence southeasterly parallel with Hwy 510 a distance of 1664 72 feet, more or less, to a point 20 feet north of the south line of said Northeast Quarter; thence westerly parallel with said south line 131772 feet, more or -less, to the point of beginning. Together with those portions of said South Half of the Northeast Quarter described in Judgement and Decree recorded under Thurston County Auditor's File Numbers 3092443 and 3092444 Excepting therefrom that portion described in Quit Claim Deed recorded under Thurston County Auditor's File No 3432846. RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows. Beginning at the southwest corner of the above described parcel; thence, along the west line of said parcel, North 1028'15" East 25 00 feet; thence South 88014'31" East 24983 feet to the beginning curve, the radius point of which bears North 1045'29" East 45500 feet; thence northeasterly along said curve, through a central angle of 52045'02" an arc distance of 41891 feet; thence North 39000'27" East 29982 feet to the northeasterly line of said parcel, thence, along said northeasterly line, South 50056'43" East 25.00 feet, South 39000'27" West 2000 feet, South 50056'43" East 4000 feet, North 39000'27" East 4000 feet and South 50056'43" East 2500 feet; thence South 39000'27" West 319 75 feet to the beginning of a curve, the radius point of which bears North 50059'33" West 545 00 feet; thence southwesterly along said curve, through a central angle of 11041 '00" an arc distance of 111 13 feet to the beginning of a curve, the radius point of which bears South 39018'33" East 35 00 feet; thence southerly along said curve, through a central angle of 118041'48" an arc distance of 72.51 feet to the beginning of a curve, the radius point of which bears North 21059'39" East 160 00 feet; thence easterly along said curve, through a central angle of 20014'10" an arc distance of 5651 feet to the south line of said parcel, thence, along said south line, North 88014'31" West 67397 feet to the point of beginning Containing an area of 66,084 square feet or 1 517 Acres more or less 10l1.-c.fI01- "'.. '"- , SEe 24 T17N R1E WM ,/ ., I I I I s- so. s6"_ '570'__ ~ , , , , , , , , , , , , , , , , , , , , Lu ll) .- 00 f'J a :z: 21724131000 & 21724131100 RAMIREZ, JAMES A. ;.?5 : 249 83 S 88'1431 CENTERLINE 6.= 52'45'02" R= 500.00 L= 460 34 4,\8 9\ 20 CENTERLINE 6.= 56'49'27" R=180 00 L= 178.52 ERRY VAllPf-R9 T- 20 NW 1/4 SE 1/4 ~RICI( ~ ~ of WAS/f~~ ~O ~. i:..,;;~"~ ~ 1 . ~ ';tl ~ ~ 27192 ~ .::,.4) ~Q> J\>eCISTE\\.~ -\)~ I'O^'AL LA~\) '0 EXPIRES: 12/08/02 10 '2'-1 lOL- l, SKILLINGS CONNOLLY SCALE IN FEET ...- , o 50 100 200 I I "!.o ... EXHIBIT A HOLLAMER INVESTMENTS LLC PARCEL NUMBERS 21724130600 & 21724130602 PARCEL DESCRIPTION Parcels A and B of Boundary Line Adjustment No BLA-86-01, as recorded December 2, 1986, under Thurston County Auditor's File No 8612020094, Subject to easements, restrictions, reservations, covenants, and agreements of record Situated in the Southwest Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W M , Thurston County, Washington RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the northeast corner of the above described parcel, thence, along the north line of said parcel, North 50056'43" West 59 97 feet to the beginning of a non- tangent curve, the radius point of which bears South 39003'17" West 35 00 feet; thence southerly along said curve, through a central angle of 89057'10" an arc distance of 5495 feet; thence South 39000'27" West 55485 feet to the south line of said parcel, thence, along said south line, South 50056'43" East 25 00 feet to the east line of said parcel, thence, along said east line, North 39000'27" East 589 82 feet to the point of beginning Containing an area of 15,008 square feet or 0 345 Acres more or less \ ~ ~- SE 1/4 NE 1/4 SEC 24 T17N R1E WM SR 510 (YELM-OL YMPIA ROAD) N 50"56'43" W C1 C ~= 89"57'10" R= 35.00 L= 5495 PARCEL B BLA -86-01 ---------------1;------ -- I~ C'\IC\j C\j 0 ("") 0:> 0:> <( ~ Ol It) . ("")lQ 0:> ~OZIt) "t- It) rv u.. It) L.L. <( L..J It) L..JZO: L..J ~Olli ~ ~ 10 a }.... - a aa-.JO" b m-.Ja~ p I<) ~ 0:: ;Z Ol ;z'" UJ I<) a. ;z ~ 21724130600 & 21724130602 X HOLLAMERINVESTMENTS LC IUJ PARCEL A BLA -86-01 25 25 5 50"56'43" E 45 \ , o -I -I >- Z <( a. ~ o o I- Z OlOUJ r-..o~ "t-I'--a. 1<)00 It)~-I ~UJ L..JC'\I> I'--UJ ~NO ~ UJ a <.9 p <( Ol -I I<) -I ;z :> ~ -I UJ >- 45 C2 ~= 90"02'50" R= 35.00 L= 55 01 ~ SCALE IN fEET """'- a 25 50 , 100 Leo (?-tI01- 5 50"56'43" E It., SKILLINGS CONNOLLY <j '\. EXHIBIT A YELM VILLAGE DEVELOPMENT COMPANY LLC PARCEL NUMBER 21724130700 PARCEL DESCRIPTION That part of the Southwest Quarter of the Northeast Quarter of Section 24, Township _17 North, Range 1 East, W M described as commencing at the intersection of the southwest line of Yelm Avenue and the northwest boundary of Solberg's First Addition to Yelm as recorded in Volume 9 of Plats, page 31, thence -North 53030'30" West 1709 6 feet to the true point of beginning, thence South 37056' West 570 18 feet; thence North 53030'30" West 8094 feet; thence North 37056' East 570 18 feet to the southwesterly line of said Yelm Avenue, thence South 53030'30" East along said southwesterly line to the point of beginning (Being a portion of Tract 17 and 18, Solberg's Garden Tracts, an unrecorded plat.) Situate in Thurston County, State of Washington RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the northwest corner of the above described parcel, thence, along the north line of said parcel, South 50056'43" East 60 03 feet to the beginning of a non- tangent curve, the radius point of which bears South 39003'17" West 3500 feet; thence westerly along said curve, through a central angle of 90002'50" an arc distance of 5501 feet; thence,South 39000'27" West 53479 feet to the south line of said parcel, thence, along said south line, North 50056'43" West 2500 feet to the west line of said parcel, thence, along said west line, North 39000'27" East 569 82 feet to the point of beginning Containing an area of 14,509 square feet or 0 333 Acres more or less. 6 t> SE 1/4 NE 1/4 SEe 24 T17N R1E WM \ T SR 510 (YELM-OL YMPIA ROAD) I N 50'56 43 W \ " \"~ \ S 50'56 43 0._ \ \ \ \ \ u ~ ~ >- Z <( a... ~ o U f- Z O\ow "o~ -rr-a... 1")00 <f)~~ "<TW WN> r-w "'NO ,N W a c.9 9 <( 0\ ~ I") ~ <:: > ~ ~ w >- 45 ~- C2 6.= 90'02 50 R= 3500 L= 55 01 ~ SCALE IN ,EEl ~ o 25 50 100 C1 C 6.= 89'57 10" R= 3500 L= 54 95 PARCEL B BLA -86-01 ---------------1;------ CD IdS NN NO (") q) q)<(~0> :2 ~ 0 Z ~ ~ <f) f'V' u.. <f) u.. <( W <f) WZO: : W " Lu "ow.N ".N 10 g ,N g::::i U en a en--10l") 9 I") '-/ 0:: <:: 0\ <:: ~ w I") a... ~ 21724130600 & 21724130602 ~ HOLLAMERINVESTMENTS LC jW PARCEL A BLA -86-01 <:: 25 25 S 50'56'43 [ 45 '\R I Ck ~ \>>- Ot WASI( P f:..., ~~~.. ,''''0 '!,. C?;. , 1 ~I -;xl ~ s., 4; <to. ~ 27192 ~ .::.. <.l'J> eC1STf,?-~ -0"<:- 10 ? lVAL LAl'I\) EXPIRES 12/08/02 l'" { c-il CL 5 50'56 43 [ 1.1 SKILLINGS CONNOLLY l) " EXHIBIT A KENNETH M. & LILLIAN M. REICHEL PARCEL NUMBER 21724140700 PARCEL DESCRIPTION That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W M , described as follows Beginning at the northeast comer of the said Southeast Quarter of the Northeast Quarter; thence South 89011 '05" West 321 04 feet to the True Point of Beginning, thence South 13046' East 32 87 feet; thence South 36029'30" West 333 4 feet; thence North 53030'30" West 4898 feet; thence North 89001 '05" East 581 34 feet to the True Point of Beginning, Excepting therefrom any and all public roads and ways, AND That part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W M , described as follows Beginning on the north line of Yelm Avenue 1,596 52 feet northwest of Solberg's First Addition to Yelm, thence northeasterly at right angles 285 9 feet; thence southeasterly at right angles 220 feet; thence northeasterly at right angles 285 9 feet; thence northwesterly at right angles 3125 feet; thence West 375 feet; thence South 437 5 feet to the north line of Yelm Avenue, thence southeasterly along the said north line of Yelm Avenue to the Point of Beginning, Excepting therefrom any and all public roads and ways, Subject to easements, reservations and restrictions of record RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the northwest comer of the above described parcel, thence, along the north line of said parcel, South 88015'16" East 10 00 feet; thence South 1029'47" West 118 19 feet to the beginning of a curve, the radius point of which bears North 88030'13" West 380 00 feet; thence southerly along said curve, through a central angle of 13010'25" an arc distance of 8737 feet to the west line of said parcel, thence, along said west line, North 1029'47" East 204 84 feet to the point of beginning Containing an area of 1,761 square feet or 0040 Acres more or less 1-0/7,'-/ /0'1- EXPIRES. /';) ~ 1 I 101 I~ z ,0 -JI "t- -J~ -"t- ~a 1:= "- ."t- 0) f'l SEe 24 T17N R1E WM S 88'75'16" [ 10 :s: 0)" -"t- cti~ :::~ - a l/) 1~ 1 ' I t/ I /1 Cl b= 13'10'25" R= 380.00 L= 87 37 21724140700 REICHEL, KENNETH M PROPOSED R/W EX R/W '- "" ~ ~ " "i?s~ " r;'" I " ~~" "'" ...... ,-.'q..).,~ '- ~..o " I " ~-? " o~ ~" I " "'" " IlL] SKI LLI rt G S '- "'- "" '- "" CONNOLLY "" '- "" SCALE IN rEn ...- o 25 50 I 100 \3 '" EXHIBIT A JAMES N. & JOANNE R. RIDGWAY PARCEL NUMBER 21724130100 PARCEL DESCRIPTION That portion of the Southwest Quarter of the Northeast Quarter of Section 24, Township 17 North, Range 1 East, W M , lying northeasterly of the Yelm-Olympia Road. Except a twenty-foot strip along the east line conveyed to Thurston County for road purposes, and except that portion thereof described as follows Beginning at the point of intersection of the north line of said Southwest Quarter of the Northeast Quarter with the northeasterly line of Yelm-Olympia Road, thence east 151 feet, along said north line, thence southwesterly 95 feet to the northeasterly boundary line of said Yelm-Olympia Road, thence northwesterly, along said northeasterly boundary line, 107 feet to the point of beginning RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the northeast corner of the above described parcel, thence, along the east line of said parcel, South 1029'47" West 429 54 feet to the southeast corner of said parcel, thence, along the south line of said parcel, North 50056'43" West 156.24 feet to the beginning of a non-tangent curve, the radius point of which bears North 39003'17" East 25 00 feet; thence, easterly, along said curve through a central angle of 90002'50" an arc distance of 39 29 feet; thence North 39000'27" East 20 73 feet to the beginning of a curve, the radius point of which bears North 50059'33" West 320 00 feet; thence northerly along said curve, through a central angle of 3r30'40" an arc distance of 20950 feet; thence North 1029'47" East 118 45 feet to the north line of said parcel, thence, along said north line, South 88015'16" East 10 00 feet to the point of beginning Containing an area of 14,799 square feet or 0 340 acres more or less lo/7J-/ lo?- t> "'C> SEC 24 T17N R1E WM N 88"15'16" W 10 I I I I I I 101' ,<( I o '~II I~II I =::! I I~II SCALE IN FEET ....- o 25 50 I 100 21724130100 RIDGWAY, JAMES N PROPOSED R/W ~ ~I " EX R/W CENTERLINE t!.= 37"30'40" R= 350.00 L= 22914 C1 t!.= 90.02'50" R= 25.00 L= 39 29 I ~20 1-20 I I 12/08/02 lo '24 o'L It 1 SKILLlHGS COrtttOLLY , , , , , , , , , , , , , , , , , , , , , , ! i o i ij 0.:1'1 E I . ~: E ___of? oi'O ~i~ (,):u ! i ~..- .._..c.!!r.~:.2~.~~.~~~_.._.. ! Thur.ton County ! 1 1 CltL~!_~r~p~..J._.. _.._.._.._.._.._.._.._.. City of T umwoter .. .. / I i i I i- I i I / .. .. Io...oooool .. ~ ~ .. ~ ~ boo...... --...... .. ~ -. " MOTTMAN ROAD INTERCHANGE CITY OF TUMWATER LOCAL IMPROVEMENT DISTRICT BARNES BOULEVARD 1 ------ Al'PROXI II PllQP(1fTY _=:~- r MAP ... ROAI1;IAY L.I.D. AS$tSS(D NO. OWNERSHIP ntONTNlE 'AReR ARO UStssNEHT .. VAlUA """ -- I-A Thomo.on ProDortl.. '10 rttr 281 77D 5.'. -- 1-8 ThomPlon ProD.rtf.. 110 nrr 211.711 5.'. -- 2-A Hod.., 48Cl rtrr 171,408 5., -- z-8 HodD" 210 rtrr IS HI 5.'. -- 2-C Hodgo. ,.no nrr 2llI,SU 5.,. .,- 2-D Hod.o. 571,210 5., 2-E Hodo.. "o'M7 5.' -- 2-f Hodgo. 151.7M SJ .- 3-A Jackeon DovoloDmonl Co 1110O n:rr I.DtI,l70 SJ. -- -8 Hoda.. S20 n:r.r 577,211 5.,. '- - Hodgo. 1 0010 nrr W,os.o 5.' .---...--- - Jaakoon Dov.loamonl Co 1.IDt,lOl 5.' .._- - Hodao. 1,JOO n:rr ....... s.r. - Hod.o. ZOO fUr 534,'" 5.'. - Hoda.. 711.147 s.,. 4 Tumwot.r I ISO n:rr 112,1.. s.r. 5 Barn.. 20 fUr ..- 5... 6-A Milia. :zoo n:rr '2,SOO 5.'. 6-8 Millar 210 rtrr '2,110O 5.'. -- Smith S. SIO rtET ,,,toO ..,. -- Smith 01 01 :zoo n:rr U,JOO 5.'. Smith R. :zoo n:rr I2,IOCl 5.'. -- I -A Gray 210 rur 31.700 SJ. -8 William. IS n:rr 12.UI $.". ..- -C McNahon IS n:rr 12..125 ..r -- 11 Board.l.. 37.205 5.' .- 12 NewVeofor Communloatlon. 1S,a57 5.. ._-- I,) Slomagol 401.464 S., 14 Kina 217."1 s.r 1: City of Tumwalor ~.ose s.r. .- 16 Zlmmorman .. Rol.h.rt 2.71' s.r -- .--.--.--.--.-----.- King CID <:JD i I -- i -------------1 Slernagel i I SEPT 1988 m Thompson Pro parties :::=:~~~ ----------; CID I NewVecto. Com.- <:ED Thompson Proportles ~...\ ~<::::: II \ ~ I / \?~ // ()~'~I / , \ I I I \ \....j / \ I ~__-1 .:,0. (:j ~ ~ c,'" rob 0" t:(-~ -., ! , i i ! I ! I I i I " I " I " I " I, ~_.-_I--'--'--' <::ED Hodges CB:) Hodges I r .J II I I I I I I " I ............ ...., '<< ...." ...', , ' " ' " \\ \\ I I I I I I I I I I I I I I I I I I I I I I I I I I I I \\ \' II I I I I II II II II ,I II ill 1 I III II I / I I II IIII I III IIII I III /111 II J I 1/1 I .--.--,-, ...., " , " , ", ----.--.--.--.--.---- <ED Jackson Development Co Hodges i I i ICED i Hodge. 1 i I i <::.:B:> HOdg.. CB:> Hodg... .t 01 ~'-_.__.__._-._-.- I i I i 1 i _.1._.._.._.._.._.._.._. City at Tumwator , L.____________~~:~~~~~:.~~~~~~~~~~~~~:~~~~-..-..l CI::> Tumwoter ...... 1IilIIUIICUll ...,.. . ...... IllIIftIn (,.., ea,_ ...... -, ,1lSiIt/illIII'.. 0r.Ihf'. tttaQ ',-- ....... --,- ....... ;,', t IJ J ' , OJ :_.tIl>>#h~"""""!lW!Wt~1t"''''''.''''''''''~''*''''I''''1 b......~l ~~~~""~~~fllI!>\..:t""'.l"""',,~~ """"::'1';;:;; "'~""""'--'''' j ~>I"'_"'''''''P''__''''''J''''' .......1..... 1.,. " ..-. 1/ ~ ,..... ~ t ... '. , [; iBARNES BOULEVARD Ll.D. -" ~ ~ I EXHIBIT A YELM VILLAGE DEVELOPMENT COMPANY LLC PARCEL NUMBER 21724130700 PARCEL DESCRIPTION That part of the Southwest Quarter of the Northeast Quarter of Section 24, Township J 7 North, Range 1 East, W M described as commencing atthe intersection of the southwest line of Yelm Avenue and the northwest boundary of Solberg's First Addition to Yelm as recorded in Volume 9 of Plats, page 31, thence North 53030'30" West 1709 6 feet to the true point of beginning, thence South 37056' West 570 18 feet; thence North 53030'30" West 8094 feet; thence North 37056' East 570 18 feet to the southwesterly line of said Yelm Avenue, thence South 53030'30" East along said southwesterly line to the point of beginning (Being a portion of Tract 17 and 18, Solberg's Garden Tracts, an unrecorded plat.) Situate in Thurston County, State of Washington RIGHT-OF-WAY DESCRIPTION That portion of the above described parcel described as follows Beginning at the northwest corner of the above described parcel, thence, along the north line of said parcel, South 50056'43" East 60 03 feet to the beginning of a non- tangent curve, the radius point of which bears South 39003'17" West 3500 feet; thence westerly along said curve, through a central angle of 90002'50" an arc distance of 5501 feet; thence South 39000'27" West 534 79 feet to the south line of said parcel, thence, along said south line, North 50056'43" West 2500 feet to the west line of said parcel, thence, along said west line, North 39000'27" East 569 82 feet to the point of beginning Containing an area of 14,509 square feet or 0 333 Acres more or less SE 1/4- NE 1/4- SEe 24 T17N R1E WM SR 510 (YELM-OL YMPIA ROAD) N 50"56 43 W C1 C 6= 89'57'10" R= 35 00 L:: 54 95 PARCEL B BLA -86-01 \ T I ':;/ ':;// 20 '\ ~- 25 25 25 45 60 OJ C2 S 50'56'43" G_ 20 25 () -l -l >- Z <{ 0... ~ o () I- Z O'lOW r-..o~ ~""'o... ..,00 Ii)~-l ~W l..JN> ""'w "'NO ."I w o c.9 p <( O'l -l .., ...J :2: > ~ ...J LlJ >- "" "" "" "" "" C2 6= 90'02 50" R= 3500 L:: 55 01 \., SCALE IN rEEl ~ o 2:>:>0 100 ,\RICl( ~ \>-- ot WASIj P . f-.... "-..;-~~ '-+(;> 0 ~ 1 . : ~ ~I. ';1l E ~ 4:.1 <f>. -? 27192 ~ .:. J'J> ~CISTf,\'-~ ~~ /0 ? IVAL LJ\\'\U EXPIRES 12/06/02 ---------------1;------ -- I~ NC'-l C'-lO C"') co co.....,..~O'l Ii) 'l,. C"') 10 CO ~QZIi) ~ Ii) tv' LL II) u.... <{ l..J II) l..JZO' , W "- ~ "QWf'I C'-l 00 ~ "8:J1 u ~ o 0...-1 0 ") p ") '-/ 0:: <: 0\ :2:~LlJ ") Q. <: ~ 21724130600 & 21724130602 ~ HOLLAMERINVESTMENTS LC ILlJ PARCEL A B LA -86-01 5 50'56 43 [ 45 l<) ( c-i( C1- 5 50"56 43 [ l ] SKILLINGS CON NOLL Y FRANK J. OWENS ARTHUR L. DAVIES JOHN V. LYMAN ALEXANDER W. MACKIE' RICHARD G. PHILLIPS, JR. BRIAN L. BUDSBERG MICHAEL W. MAYBERRY KIRK M. VEIS ROBERT F HAUTH MATTHEW B. EDWARDS OWENS DAVIES MACKIE, P.S. Attorneys at Law RECEIVED MAR 0 8 2001 BY: Street address 926 - 24th Way S W OlympIa, WashIngton 98502 Mailing address PO Box 187 OlympIa, WashIngton 98507-0187 Phone (360) 943-8320 Facsimile (360) 943-6150 A Professional Services Corporation BURTON R. JOHNSON (1970) BRENT F DILLE ALSO ADMITTED IN WASHINGTON, D.C, March 7,2001 Mr K. Frank K.1rkbnde 4405 Seventh Ave. SE, Ste 301 Lacey, W A 98503 RE. Prame View Master Planned Commumty K.1lhon Road LID Dear Mr K.1rkbnde Please be advIsed that I am in receIpt of your correspondence to Shelly Badger dated February 27, 2001 wIth regards to the above referenced matter Although I was not present for the March 30, 2000 meetIng, I have reviewed the correspondence and notes prepared by Sandy MackIe and the CIty of Yelm and understand that the formatIon of an LID was not a prerequisite to obtaInIng final approval, however, your chents and the property owners of the commercIally zoned property along the pnmary essentIal comdor, I e K.1lhon Road, need to execute recIprocal agreements that Include the nght of way dedIcatIOn deed for public use and make n~ st~mRrovements, Whether these Improvements are financed through an LID, latecomer's agreement or developer's extensIOn or a COmbInatIOn thereof IS up to you and your chent. I hope thIS clllilfies your understandmg of the reqUirements of the CIty of Yelm and should you have any questIons or concerns WIth regard to the above, please do not hesitate to contact eIther myself or Sandy MackIe I remaIn. Very truly yours, BFD/cf cc Ms. CathIe Carlson Ms. Shelly Badger C:I57\BFD CliemslYebnlLtr Kirkbride 030701.wpd I .J' a !vfElvl<9RANVUlvl To: From: Date: Subject: cc: Brent DillIe CathIe Carlson March 1, 2001 Thurston Highlands TransportatIOn Corndor Shelly Badger Enclosed IS the staff report to the Planmng CommIssIOn for the Thurston Highlands Conceptual Master Plan. Under Findmgs and ConclusIOns, page 3, and CondItIOns of Approval, page 9, I have hIghlIghted the CIty'S reqUIrement to secure the project's transportatIOn corridor Frank KIrkbnde along WIth the other property owners have worked with Sandy to secure the corndor through an LID, but apparently Frank has deCIded thIS will not work for hIS clIents. Shelly receIved the enclosed letter from Frank and asked me to check WIth you and Sandy on how to respond. At thIS pomt, the CIty IS not willmg to spend addItIonal staff tIme and/or resources to solve this Issue for the developer After you and Sandy have had an opportumty to reVIew thIS please let me know the best way to proceed. '" 'fJJ THE KIRKBRIDE GROUP, Inc. 4405 Seventh Avenue Southeast, Suite 301 Lacey, Washington 98503 (360) 491-6900 Fax (360) 491-6904 frank@k1rkbndegroup com February 27, 2001 Shelly Badger, CIty AdmmIstrator City ofYelm POBox 479 Yelm, Washmgton 98597 Re Prame VIew Master Planned Commumty KIllion Road LID IT ~~~U~~ff11 i MAR - 1 2001 ~ Dear Shelly; Paul DeTray and Henry Dragt of the DragtJDetray LLC, our attorney, underwrIters, and I have revIewed the matenal regardmg the proposed KIllian Road LID We offer the followmg comments. Gammg the necessary approvals for our Prame VIew development has been an extremely long and frustratmg process. We contmue to be very deSIrous on proceedmg rapIdly ahead WIth our proposed development. Suffice It say that we have attempted to meet the CIty'S reqUIrements m a tImely manner and m the SpIrIt of cooperatIOn to gam the approvals, mmdful of the complexIty of the Issues assocIated WIth the development. The CIty of Yelm Plannmg CommIssIon approved the mltIaI phase of the planmng process on October 18, 1999 We understood that the only Issue needed to gam CouncIl actIOn of the conceptual master plan was the development of an agreement between the property owners upon whIch the KIllion Road extenSIOn was to be bUIlt so that each would dedIcate the land for the road when the tIme was appropnate for road constructIOn. ThIS IS an understandable concept that allows each of the proposed developments to proceed mdependent of the other For some reason the nght of way dedIcatIOn reqUIrement has expanded mto a road and utIlIty LID to serve the PraIrIe VIew development and the propertIes to Y elm Avenue In revIewmg the matenal presented on March 30 2000, we were m agreement WIth the concept, our abIlity to pnvately deveiop the Improvements, and the general wlllmgness of the property owners to proceed. However, we dId not understand that formatIOn of the LID was the replacement for the Planmng CommISSIon's land dedIcatIOn reqUIrement. AddItionally, we dId not understand the we must essentially form the LID before we gam Conceptual Master Plan approval, Fmal Master Plan approval, and project development approvals We object to thIS concept, prefernng the dedIcatIOn agreement now WIth the LID to follow as appropnate We are very mterested m provIdmg the fundmg for all or a sIgmficant part of the KIllion Road proJect. However, our underwnters state that the fundmg must be duectly tIed to a speCIfic project that has the abIlIty to repay the debt, such as the approved Prame VIew Master Planned Commumty Conceptual approval of the Southwest Yelm Master Plan IS VIrtually meanmgless wIthm our development planmng and fundmg process The Fmal Master Plan approval for Prame VIew IS a sIgmficant step, but IS stIll not a fundable actIOn Approval of the mItlal speCIfic development project IS the first actIOn that would assure funds for both the onsIte and off sIte (KillIon Road) Improvements ThIS approval IS our most Important goal " ~ Shelly Badger - City of Yelm .; D Prame View Master Planned Commumty Kilhon Road LID February 27,2001 Page Two In plannmg the road LID the City'S engmeers have allocated Dragt/DeTray LLC's project 35.8% of the KillIon Road improvements ThiS was determmed at a tnp generatiOn of 703 vehicles based on development of the 220 acres Thus, It stands to reason that when Dragt/Detray LLC has the abihty to develop theIr 220 acre property to generate the 703 tnps then we would be very wIllmg to execute the documents necessary to ImtIate the Local Improvement DIstnct. We don't understand how we could do otherwIse Dragt/DeTray wIll declare It'S mtent to form the LID now condItIoned on the final project approvals If thIS IS a necessary step to proceed forward WIth the approvals The percent partIcIpatiOn m the LID would be lInked, as It IS now, to the number oftnps the approved project would be expected to generate, not a set number as currently proposed. The proposed "CIty ofYelm ResolutiOn" and "PreformatiOn Agreement" must reflect the master planmng and development approval process The approvals must come first WIth the necessary reqUIrements for "off sIte Improvements" such as the proposed KIlhon Road, not the reverse Weare very deSIrous to proceed rapIdly ahead WIth the plannmg and approval process for our Prame VIew development. When we mItIated the approval process we were hopeful to have the first resIdences mplace by mIddle of the summer 1998 With the PlannmgCommIssiOn's actiOn m late 1999 it appeared that this summer would be the heIght of development. We now are hopeful for the summer of 200 1 and can not understand why thIS has taken so long Please adVIse us how thIS can best be accomphshed m the shortest tIme possIble cc E Paul DeTray Henry Dragt . '. 06/06/2g00 09 10 2537701473 HEATH&ASSOC,INC PAGE 01 / , \ . HEATH & ASSOCIATES, INC. Transportation and Civil Enpneering June 5, 2000 Ms. Kathy Carlson CIty ofYelm 105 Y elm Avenue West Yelm, W A 98597 Subject: Scopmg for Prairie View project Dear Ms. Carlson. ThIS is a formal submIttal for scopmg of the traffic study requIrements for the subject project located as shown on the attached mfonnation. Perry Shea wanted this information for modelIng purposes. The scopmg infonnation attached is SImIlar to what I submitted earlier and has been supplemented by a proposed tnp distribution. The model run wlll provide the recommended tnp dIstributIOn and assIgnment for TIA purposes. It IS my understandmg that the fee for the model run will be based On your dIScussIon WIth Perry and that you WIll then pass on the amount to me. Please call If you reqUIre further mformatlon. Smcerely, fi-a~ Greg Heath 2214 Tacoma Road. Puyallup. WA 98371 · (253) 770-1401 · Fax (253) 170-1473 05/05/2800 09 10 2537701473 HEATH&ASSOC,INC PAGE 02 TRAFFIC IMP ACT ANALYSIS PROPOSED SCOPE QENERAL PrOject name: Location: Land use: Prairie View - Phase 1 Southwest comer of Berry Valley Road & Durant St (see map) 14 sIngle family lots, 149 mobile homes, 60 townhouses (223 umts) Cursory tnp generatIon and reVIew of full project (750 umts) Pnmary access off Berry Valley Rd to KillIan Road ExtenslOn One access of Longmire St (see site plan) 2003 Project Access Horizon Year: ANALYSIS PERIOD Peak penod between 4'00 PM & 6'00 PM INTERSECTIONS TO EXAMINE As detemllned by modehng run by SeA PIPELINE PROJECTS' As determmed by JunsdIctIon PRO RATA SHARE CONTRIBUTION As detennlned by traffic study ADDITIONAL COMMENTS Growth rate at 2% Vicinity map & trip distribution SIte Plan Tnp Generations ~ 05/05/2e00 09 10 2537701473 HEATH&ASSOC,INC PAGE 04 ;IS-F~~ .- ..~:~~ u-\ ~ ~ ~~l \ :?~ "l , . L.IZ ' S~.~ ' ~fl ; : ~~ i ~, ~~ ~~ IlJ..;... t I ~ : H l~ , [! ~~ I "" :ii. ~ !. '5' .oJ ;11 I Ii ~ ~ . ,,, .~ ,...,.... t ~: --" . . 06/06/2~00 09 10 HEATH&ASSOC,INC PAGE 03 2537701473 PRAIRIE VIEW - PHASE 1 Summary of Multi-Use Trip Generation Average Weekday Driveway Volumes June OS, 2000 Land Use 24 Hour AM Pk Hour PM Pk Hour Two-Way Volume Enter Exit Enter Exit Size Residential Condominium / Townhouse 60 Dwelling Units 352 4 22 22 11 Single Family Detached Housing 109 Dwelling Units 1123 22 64 74 41 Mobile Home Park 54 Occupied Dwelling Units 478 8 28 21 13 Total 1953 34 114 117 65 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS J .. .", p (j ~~ D E~En~E APR 2 5 2000 ~ THE MAR GROUP 1188,605 5 Avenue S W , April 20, 2000 City ofYelm 105 Y elm Avenue, W POBox 479 Yelm, Washington USA 98597 AttentlOn. Ms. Shelly A. Badger City Administrator Dear Shelly, Re: Thurston Highlands: Yelm. Washington I want to thank you very much for finding time in your busy schedule to see Mr DenniS Su and myself on Friday, March 31, 2000 m your council chambers. The purpose of our visit was to determine as best we could the reqmrements of the availability of water rights for the Thurston Highlands ProJect, and I was surpnsed to learn that the determination of water sources for the project is not an easy answer Although your mformatlOn was disappomtmg, I was glad you shared with us that in 1998 the Washington Legislature passed mto law ESHB 2514, the Washmgton Watershed Management Act which is essentially a process to plan and manage water use within geographic areas or watersheds. You advised us that the City is part of a Watershed Area # 11 known as the Nisaqually Watershed and that the City is a member of the planning group that is charged with a responsibility of assessing the needs of the area and would be responsible to co-ordinate with the state water use. We understand that the Nisaqually Watershed is within its mfancy and, perhaps the Thurston Highlands Project might participate m the process m order to assess the source, and needs in order to expedite the Watershed Plan and Policies that need to be developed m order that the Thurston Highland Project might have access for its immediate and long term water needs. We are reviewmg the status of the Watershed reqmrements and we would like to meet you agam in the very near future. 9 '" TIlE MAR GROUP 0 o 2 I am pleased to enclose a copy of our 1997 Residential Development Agreement between the City of Calgary and my development company, 605668 Alberta Inc., which spells out m detaIled form the contractual arrangement with our City for the full development of the lands and our Jomt responsibilities. Of particular note to you, based on our discussions, was the method of cost recoveries that can be Implemented Jointly by the City and ourselves. In particular there are two (2) ways of recoveries that are applIcable in thiS agreement. They are as follows. 1 Recovery costs for boundary roads, lanes, and school lands which IS covered under Clause 130; and, 2 Endeavours to assist in cost recovery which usually a circumstance where a developer may front-end certain costs such as samtary sewers, storm sewers, watermains, hydrants, roads and lanes, and extensIOn of any or all of these utilIties which do not come under Clause 130 may be reflected in this area. Essentially what happens if! am the lead developer, any subsequent developer that may tie into the facilities described above that may be built by me, and is tied into by a second or subsequent developers, the City undertakes to asSiSt me to receive funds at Unit Rates based on a schedule that would be reflected in the Development Agreement or using Unit Rates in effect at the time of the recovery As you can see our Residential Development Agreements are very detailed and have been formulated over the past 15 - 20 years and they are negotiated annually between the City AdministratIOn and our negotmtmg committee of our local Urban Development Institute m order to maintain fairness and currency \1 look forward to seeing you sometime in early May Best personal regards, THE MAR GROUP ~~W_I /...... Allan Mar President AM/bm cc Paul B Llao Dennis Su h \wonlia\thurston\watcr & dev agree FROM DenniS T Su, RIR, RrchitectS PHONE NO 2062753788 Mar 07 2000 12 43RM P1 DENNIS T. Su, AlA ARCHITECTS + CONSULTANTS 4184 CRESTWOOD PLACE, MERCER ISLAND, WA 98040 206-949-4868. FAX 206-275-3788 DTSA1A@MSN.COM TRANSMITTAL SHEET Catlue Carlson Shelly Badger COMPANY City ofYclm. PAX NUl\IDF.R, ~.. ~~~ FROM; Dennis T Su TO: PAiF 03/06/00 NO. PAGE: ONE ~}.;Nl)l~lt'S lUW~J{BNt:H Nil Mtll',R; RE: YOUR REI'ERENCE NUMBER: Thurston Highland sAssoClates X URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE kEPLY o PLEASE RBCYCL.J:; Hello Shelly aud Cathie, T apolog1ze fOT thi<; short notice mnce th1.~ golf course developer is msJang a shott stop over in Seattle and appteC1ate your time to meet wtth us on Tuesday, Match 7. 2000 mornmg. The tna1t1 purpose of dus meetlng, a... I explamed. to ('..athie on Monday is to clanfy the type of penruts and the estlmated tune requu:ed to process for grading M.d subdivt.<>ion of Phase I developtnent along wtth the golf course. Assummg all the survey. studies, supplemental EIS, etc. will be taken ~ of by our reun of consultants in. the next few months together with all necessary draW1ngS and. d.ocutnents. we need to confinn how many of these p~ts will p.eed public mput llnd the wmting penods m order to get :ISsued We also need to confinn how many of these tasks can be worked on concuttently The last and most nnportant ISsue 15 the water aVllllability for the 1n1tlal ph:lSe development and for the golf course. Our understanding is that the Clty will take the lead in coordirulting ~ the vr.l.ter rights WIthin the SW Yeltn Annexation area to be part of the murucrpal system. We also und.e1:stand. that Thurston Highlands will have its own well1f and when needed and the rights assigned If your understanding on this ISSue IS differ tlut stated, we appreciated we hold our disCUSSlOn not 1D. the presence of out potent1almvestors to avoid unnecessary confus1on. ~ \,3 ~O'Jl)'2 \ Ji-01 1A~\Y7 13~O 1 ~ \ \l,. \. 'I ~ II \ \\ ~ ~ II \\ \" Ii ~i II '\ " \\ " l4~05 14~Og .-. 14- Po/'fl \., Gt'N~:Jt"'\. "O'TES 1. ~O ."" S~Ef' .."."'0 1'E,""t1E~ rE" 10 l<EU:"~' <;Ee~""S "'~""., 5t~\",,"E~' (;lJ'~~~\'';.~~~ S"l1'EE' t:6%~~'t,$.EM1 S1l<Uel'ftE. Ee'. -.... 1'J~10 \~,~ '~'iO\ .... S~ ct~'R1J.. ttOlES: 1. MO.'" .11'f,Ef' ."".",0 pt";'::~E . .E"''' '0 'E\E~E~~",o'''''''''- oic'l(''''''''.' QUI..,,,,,,, """.,.0<. ."'EE' ~$':o:''t.:''EM' .11'Uol'ftt. Ee'. p.~ :PI ~ ~ o OlOl 4'2- 0) 41~19 C\1'f Of 'fE\.tA 10' p"t.SE 2 'l4\1" 1"URS10tl ,,\G"lt.tlOS OE'4ElOPtAEtl1 4'2-010'2 \{\\.\.\OM ROA.O E~1EMS\OM c;ON'i1uoC' ,.0. I> ~ SIdRiNGS' CoNNolty \NC. ~ Co!6Ill~'G &<GlNE"" C,,'\L 'l'!lANsPORTII..nOl'l El'l,,\ftON!l\ENlII-L llr\.\Al#f.,..... ~_..... .-fOII'''''' 1flIL"""'-" ,'((u'^ 'NA nl>:n: ~ ---- City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 January 25, 2000 Wilham A. HashIm 13883 93rd Ave SE Yelm, W A 98597 Dear Mr HashIm. In response to your letter dated January 5,2000 The CIty reqUIrement for Master Plan Project notIficatIOn reqUIres that property owners wIthm 1000 feet ofthe project sIte be notIfied ofthe project and pubhc heanngs. Anyone outsIde of the 1000 feet can contact the CIty and request to be mcluded on the mailmg hst and they wIll receIve all pubhc notIficatIOns for the proJect. 2 The staff report dated October 12, (copy enclosed) that was avaIlable at the pubhc heanng provIdes a summary of the Issues WhIch are relevant to the project and type of land use apphcatIon bemg consIdered by the CIty As the staff report mdIcates and through staff testImony at the pubhc heanng, the land use apphcatIOn bemg consIdered at thIS tIme IS a Conceptual Master Plan. The purpose and mtent of a Conceptual Master Plan IS to establIsh general land use pohcIes to gUIde detailed planmng for and development of the master plan area. The conceptual plan IdentIfies the generalIzed land uses, transportatIon cIrculatIOn routes and servIces proposed for the SIte When and If an apphcant receIves conceptual master plan approval, the next approval they are reqUIred to obtam IS Fmal Master Plan approval. When and If a final master plan apphcatIon IS submItted for the project SIte, the apphcant shall be reqUIred to proVIde detailed envIronmental studIes to detenmne necessary mItIgatIon. Surroundmg property owners (wIthm 1000') and agencIes on the CIty maIhng hsts will be notIfied If a Fmal Master Plan ApphcatIOn IS receIved by the CIty 3 The Southwest Yelm FIllal EnVIronmental Statement IS aVailable for reVieW It proVIdes dIscussIOn and a more detailed summary of the Issues. 4 The City mamtams an agency mailmg Itst for project notIficatIOn. Most of the agencIes/organIZatIOns you reference m your letter were sent notIficatIon ofthe project. The CIty dId not receIve any comments from those agencIes/organIZatIOns, other than from DOE. It IS unlikely that the City Council will be reVIewmg the conceptual master plan applIcatIon before Apnl, however when the publIc heanng IS scheduled you will be notIfied at least 10 days m advance. The file for the land use applIcatIOn IS publIc record and you are welcome to reVIew It at any tIme between 8'00 a.m. and 5'00 p.m., Monday thru Fndays. CopIes of any documents are aVailable at 5~ per copy for standard SIze paper If you have any questIOns please contact me at 458-8408 &~011Y-- Cathenne Carlson CIty Planner cc Kathryn Wolf, Mayor Shelly Badger, City AdmInIstrator City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 January 12,2000 Wilham A. HashIm 13883 93rd Ave SE Yelm, W A 98597 Dear Mr HashIm. Each member of the City Council will receIved a copy of your letter addressed to CathIe Carlson, dated January 5, 2000, m theIr CIty CouncIl packet for the January 26,2000, meetmg. The CIty Council, by law, can not dISCUSS the letter until such tIme the proposed project IS brought before them for consIderatIOn. Staff has been mstructed to mclude the letter wIth the other pubhc comments on the proposed project. The publIc comments will be consIdered along WIth all the project mfonnatIOn when the project IS forwarded, m ItS entIrety, to the City CouncIl for reVIew and consIderatIOn. At such tIme, when City CouncIl reVIew of the project IS scheduled, pubhc notIce of the meetmg will be Issued consIstent WIth City ofYelm PublIc NotIce standards. Thank you for your comments and they will be taken mto consIderatIOn. Smcerely, ~~/Jt U/~ Kathryn M. Wolf Mayor cc CathIe Carlson t/"q /tI ./ I? <(2~;") Vu January 5, 2000 '" " '~,; v Cathy Carlson City Plannmg Yelm Dear Ms Carlson. I see that some decIsions have been made concernmg Thurston Highlands development. Surveys have been made and stakes are bemg placed Into the ground Communications between the city and concerned citizens have been mmlmal, If not Just plam nonexistent. Can you please let us know what IS gomg on In additIOn, I thmk It IS mcumbent upon the city to keep people outside the 1000 foot boundary zone mformed Many more people will be Impacted by this development, If It mdeedproceeds Specifically, what I would like to have IS a responsiveness summary to the mahy concerns expressed There were many thoughtful responses tothls planned developed. How have you addressed them? Or have you addressed them? Was there by any chance consultation with expert agencies or groups? Those that come to mmd are I SectIOn 7 consultatIOn with the NatIOnal Manne Flshenes Service on the Endangered Species Act The mcreased sediment load and pollutants from Thompson Creek Will Impact the Nlsqually River and her fishenes 2 The Nlsqually Tnbe for Impacts on tnbal fishenes 3 The Nisqually RIver Council Thompson Creek IS In the Stewardship Management Zone of the Nisqually River Management Plan 4 The Department of Ecology for their regulatory responslbtltty of water nghts, water withdrawals, stormwater controls, and antldegradatlon of water quality 5 Army Corps ofEngmeers SectIOn 404 permits for any mstream work that needs to be done on Thompson Creek 6 Washmgton State Department ofFish and Wildlife for any hydraulics code requirements , 7 Rainier School Distnct 8 JZ KnIght. Her property will be Impacted by the additional floodmg of Thompson Creek 9 Fort LewIs 10 I am sure there are others that I will eventual! y thmk of. Hopefully a responsiveness summary will have already shown how the many concerns and issues have been addressed A copy of this letter will go to my many neighbors, and to those entities Identified above Thank: you in advance for taking tIme to answer our concerns ~ Wilham A. Hashl m 13803 93rd Ave SE cc Kathy Wolfe, Mayor Members of the Yelm City Council Members of the Planmng Commission \. MEMORANDUM To: From: Date: Subject: SPRC fld./ CathIe Carls~ November 10, 1999 SW Yelm Master Plan - CommercIal Use wIth Golf Course At the publIc heanng for the Conceptual Master Plan approval the representatIve for Thurston Highlands Associates, requested addItIOnal commercIal m the area of the Golf Course Club House The ongmal approval allowed 15,000 sq ft of commercial use assocIated WIth the Golf Course on a five area tract and 330,000 sq ft of commercIal m the center of the project on 30 acres. The concern raised by the applIcant was that a smgle restaurant WIth banquet facIlItles could consume most of If not all of the 15,000 sq ft. Between now and next Wednesday's SPR meetmg, I wIll research other golf course's regardmg SIze of pro shop's, restaurants, banquet facIlItIes and other uses that would normally be associated WIth a golf course There are probably many ways m whIch we could approach the commercIal SIze and use Here are a couple examples 1 Restnct uses to a very specIfic lIst of uses. ThIS could mclude restnctIOns on the SIze of mdIvIdual uses or Just an over all lImIt of sq ft at full commercial buIld-out. 2 Allow uses from a zomng dIstnct m the current zomng code, but restnct the maXImum sq ft of all uses allowed. Weare not hmlted to these approaches, I would Just like to have a general consensus on the staff s pOSItIOn, pnor to meetmg WIth the applIcant to dISCUSS the Issues. The staff wIll need to make a final recommendatIOn to the CIty CouncIl. Attached are a couple pages from the CIty'S VISIOn document that gIve some gUIdance / / -;:.' -, 4. proposed southwest Aunex District The City is currently reviewing a proposal for a 5,000 unit residential development in the Southwest Annex, to he constrUcted over the next twenty years. In addition to heing subject to the resideutial guidelines outlined ahove, the following specific guidelines over are recommended for this district: a. Higher density development, involving a mix of multi- family and single-fantily units should be located near Yelm /\Venue to encourage pedestrian trips to the village Retail District. h Good pedestrian connections, greenways, and landscaping should he provided \0 create a high-quality, pedestrian-friendly neighhorhood environment. c. commercial development should be "ept \0 a minimum. Allow only small neighborhood-oriented commercial, such as smaH grocery stores. . . . . . . . . . . . . . . . . . provIde \andscaplng :. and greenwaYs along : roadwaYs where possIble ...... . . ~ . . . . .:.. ...... .....Provlde good pedestrian connections between' neIghbOrhoOdS Yelm Vision plan. January 5. \995 Page 19 - Vplm Vicinn 'P1..n ."-nlt""" 1;. 1l}QI; t'al!e J/ I proroote e{[..lent and high-quality use of cororoerelalland. a. Restrict commercial development to those lands already zoned fOl commercial land use. b Encourage me formation of informal sub_dlstncts ,,/lthin yelm' s commercIal areas mough me use of deSlg!l gUIdelines. Each sub- district should featurC a m'" of compatible uses Vlim an eUicient circulation/parldng System and an identifiable image. c. Encourage pro){\mity. compatibility · and couoectWlty betVleen residential and commercial uses. Goal 7 ~ tj(Mll O\L~ flw;. IA'V b{. {~h fILl k 0 rf\lJ) \ g~.t:'3~e \iln'~ on bounJuT":S or ~~(\ I0'\"~qf~ ~=<\ .~ )'elm Vision plan. January 5. \995 rage \ \ p .. t " S W Yelm Master Plan . Ongmal Conceptual Master Plan approval 1994 . Conceptual Master Plan approval expired m 1997 . Re-subnlltted Conceptual Master Plan approval June 1999 o Pen meters of proJect the same 3 5 - 4 44 umts per net acre maximum 5000 umts up to two golf courses 35 acres zoned commercial ProvIsiOns for open space, schools, streets, public utilities and cntIcal areas Ongmal Conceptual approval reqmred an Envlromnental Impact Statement, which was used for the review of the current conceptual master plan applicatiOn. State Law reqmres eXlstmg Environmental DocumentatiOn be used to evaluate a project If there are no major changes to the proposal. . Planmng Commission Public Heanng - October 1999 o PC recommends approval proVided. the applicant secures the mam transportatiOn corridor pnor to consideratiOn by CIty CouncIl TransportatiOn Corridor Right-of-way should be secured m the next month. 37 conditiOns of approval, mcludmg further envlromnental studies, such as flood plam, wetlands, traffic, etc · City CounCIl will review the project application as soon as the r-o-w IS secured. At that tune the CIty CouncIl wIll make a declSlon to approve or deny the proJect. ~' (7 . Next Steps (If approved by CouncIl) o work on meetmg the 37 condItIons of approval. o applIcatIOn for Fmal Master Plan approval. Staff reVIews for complIance wIth conceptual approval. Can add addItional condItIOns of approval to be satIsfied pnor to final plat approval (next approval step) Plannmg COlllillissIOn publIc heanng and recommendatIon CIty CouncIl publIc heanng and decIsIOn . ApplIcant proceeds wIth prelllnmaIY plat approval (the creatIon of smgle famIly lots - can be done concurrently wIth master plan approval) o Infrastructure Improvements - water lInes, sewer lInes, roads, etc o completIOn of sIte specIfic envIronmental mItIgatIOn (mItigatIon IS establIshed eIther m the EIS or the addItIOnal studIes reqUIred) o complete all condItIOns of approval as specIfied m the Fmal Master Plan. SUMMARY - ApplIcants are reqUIred to go through 3 dIfferent approval processes that all reqUIre publIc heanngs DragtJDetray propeI1y (200:1:: acres) wIll likely proceed 1 st wIth Fmal Master Plan approval May see constructIOn of mfrastructure as early as 2001 Thurston HIghlands ( 1600:1:: acres) have many more Issues to work out. It IS unknown at thIS time when they wIll be ready to proceed. City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 November 4, 1999 Mr Bob Brownell Bielinski Development 1240 S Grand Avenue VVaukesha, VVI 53186 Dear Mr Brownell Enclosed is the staff report dated October 12, 1999, for the renewal of the Conceptual Master Plan Approval Pages 8 - 13 are the proposed conditions of approval and Exhibit's A, B & C summarize the land uses for the site The Planning Commission recommended that the City Council approve the Conceptual Master Plan, but that the application not be forwarded for the Council's consideration until item 2(c ), Transportation is completed by the applicants The applicants are in the process of meeting this condition and I anticipate it's completion in late 1999 or early 2000 At such time the application will be forwarded to the City Council for consideration and action I have also included the Yelm Zoning Map with the Master Plan Community outlined with a pink highlighter The dashed black line running north and south (highlighted) indicates the separation of the two main property ownerships The two 8 x 11 5 sheets are the conceptual layouts for the two primary properties involved in the Master Plan Community At this time there are no conceptual layouts for the other properties (see Exhibit C in the staff report) in the Master Plan Community The consultant and contact for Thurston Highlands Associates is R VV Thorpe & Associates, Inc , Robert Thorpe, (206) 624-6239 The consultant and contact for the Dragt/DeTray property is The Kirkbride Group, Inc , Frank Kirkbride, (360) 491-6900 If I can be of further assistance I can be contacted at (360) 458-8408 Sincerely, . /7. tel uffu"ucu i)..'{IJ~ Catherine Carlson City Planner enclosures cc Robert Thorpe Frank Kirkbride Date October 25, 1999 To Note to File - MPD-98-8216-YL, SW Conceptual Master Plan From Cathie carlso~ty Planner Re Mitigated Determination of Nonsignificance Citizens at the Public Hearing on October 18, 1999, for the above referenced project raised concerns regarding the adequacy of the MONS and stated their belief that the Environmental Impact Statement for the SW Yelm Annexation, 1993, and the Addendum to the Final Environmental Impact Statement, 1994, had expired Also, a comment letter from Kari Rokstad, DOE, dated September 29, 1999, on the MONS suggested that the City withdraw the MONS, citing WAC 197-11-600 (3) Based on these comments, I took the following steps 1 On Monday, October 18, 1999, I consulted with the City Attorney, Sandy Mackie, on withdrawing the MONS Even though the project was the same proposal, it is his opinion that an environmental checklist and subsequent MONS were necessary to evaluate if there were indeed any changes that would require additional environmental analysis for conceptual master plan review 2 On Tuesday, October 19, 1999, I spoke with Barbara Richie, DOE regarding the process and procedure the City utilized In her opinion, the City's procedure was not inconsistent with the State Environmental Policy Act. She advised me to make a note to the file Based on the information in the files, the previous environmental documents and the opinions stated above In No 1 & 2, no further environmental action will be taken by the City, with the exception of the required mitigation in the MONS issued on September 16, 1999 ~ YELM PLANNING COMMISSION MINUTES Monday, October 18, 1999 YELM CITY HALL COUNCIL CHAMBERS Motion No. The meeting was called to order at 4 03 P m by Glenn Blando Members present: Glenn Blando, Margaret Clapp, E.J Curry, Joe Huddleston, Bob Isom, Ray Kent, John Thomson. Guests Mary Lou Clemens, Diane D'Acuti, Jim Enlow, Ted & Audrey Foreid, Bill Hashim, Ann Kennedy, Frank Kirkbnde, Lida Lucyshyn, Bill & Debbie Moss, Kelan Moynagh, Erna Powers, Matthew Schubart, Richard Slaughter, Steve Speidel, Dennis Su, Sid Willuweit, Gretchen Yoder, Jeanine Yoder Staff" Shelly Badger, Cathie Carlson, Ken Garmann, Dana Spivey Members absent: Tom Gorman, Roberta Longmire 99-14 Approval of Minutes: MOTION BY RAY KENT, SECONDED BY MARGARET CLAPP TO APPROVE THE MINUTES OF SEPTEMBER 20,1999. MOTION CARRIED. Public Communications' There were none Public Hearing' Southwest Yelm Conceptual Master Plan, Applicant DragtlDeTray and Thurston Highlands Associates Proposal" Conceptual Master Plan for 1860 acres with a residential density between 4800 - 5000 units (max. 5000 units - min 3946 units) The proposal includes 2 golf courses, 37 acres of parks and open space, 31 acres for schools and 30 acres for buffers and rapid infiltration areas for water reuse Project location Southwest Yelm Glenn Blando opened the public hearing at 4 05 P m Glenn asked if any of the Planning Commission members had a conflict of interest? There was none Glenn asked if any member of the Planning Commission had received any information prior to the hearing? Bob Isom said he had, because he is an adjacent property owner to the project Glenn asked the applicanUrepresentatives if they had any conflicts of interest with any of the other PC members? The answer was no Cathie Carlson gave the staff report, beginning with the history of the project, concluding with staff recommendations Glenn asked for comments from the applicants/representatives Steve Speidel of RW Thorpe & Associates, spoke on behalf of Thurston Highlands Associates Mr. Speidel stated the company Yelm Planning Commission October 18, 1999 Page 1 L mailing address for the record, and gave a presentation, which started with a large color conceptual master plan (posted on the wall/white board, for everyone to see) - similar to the original master plan as proposed, and a different color graphic was handed out to all Planning Commission (PC) members This graphic detailed some of the wetlands that have been mapped in the past as they relate to the conceptual master plan, these graphics will be further mapped and identified as far as exact locations are concerned before any final master planning or development will happen on the site Mr. Speidel stated that a main concern of his is item 4B, page 11 of the staff report, the limiting of 15,000 square feet of commercial use to the small 5 acre commercial area around the golf course/club house, (Mr Speidel pointed this area out on the large map) The other commercial area (larger commercial area on map) has as much as 330,000 square feet of commercial use, which works out to approximately 11,000 square feet of commercial area per acre, Mr. Speidel said that it seems rational to allow the 5 acre area to have as much as 55,000 square feet of commercial use in it. Mr. Speidel reaffirmed that they do not wish to draw commercial opportunities from the center of town out to this area, but simply provide for the people that will live in this area Mr. Speidel suggested the 15,000 sq ft in the small commercial area be limited to the building of the first 2500 units, after that, the full 55,000 sq ft could be implemented - comparable to the other commercial area Mr. Speidel stated that his hopes are to create a "mini" commercial area - a mini "old town" per the city's guidelines - an area for those living close by In the town homes - so they don't have to get in their cars and drive to take care of small errands etc Mr. Speidel stated that he is available to answer any questions, and then he asked the Planning Commission and staff to consider this proposal and concluded by thanking everyone for their time Frank Kirkbride, with the Kirkbride Group, representing the DragtlDeTray portion of the project, approximately 220 acres in the East section of the Thurston Highlands project. Mr. Kirkbride stated his business address for the record, and said that like Mr Speidel, he and hiS associates have also been working with the City of Yelm and the local community for a number of years, planning a community that we can all be very proud of Mr. Kirkbride stated the plans that will come as a result of the conceptual approval will certainly reflect the guidelines that city staff has shared today, and Mr Kirkbride's goal is to take it a step further, with considerable passive recreation, considerable wetland and Wildlife habitat protection and enhancement. The community that IS being planned will be a very comfortable, traditional type neighborhood Primary emphasis will be on quality of life Issues, and also to try to minimiZe any impacts to the rest of the Yelm Planning Commission October 18, 1999 Page 2 4. ij'."", community Mr. Kirkbride stated that his company has acknowledged each element of the conceptual approval, they don't necessarily like them all - but given the regulatory process that they are in, they accept them Mr. Kirkbride stated that his company and clients are very anxious to move forward with the Master Plan approval, and then the first phase of their project - as soon as these conceptual approvals are granted Mr. Kirkbride stated that he did not bring a map and plan of their project, but he is available to answer any questions Mr. Kirkbride thanked the Planning Commission and staff for their time Glenn asked if there were any questions or comments from the public? Erna Powers of Cullens Road, Yelm, asked if property taxes will be raised, and if the Police Department will increase their force? Cathie reaffirmed - yes it will create additional services for the Police Dept. and the Fire Dept., when the applicants come in for final master plan approval - they will need to identify with each phase what the impacts will be and when or if mitigation is needed Cathie stated that everyone here today will have the opportunity to see all the information presented, and will be able to comment. Cathie reiterated that all the answers are not fine-tuned yet, but staff will not forget. (PC member Bob Isom left at 5 00 pm) Cathie explained the property tax issue Shelly Badger added, every time the county assessor visits properties to reassess them for value, they take into consideration what's going on in the vicinity, every time this happens the potential exists that the appraised value may go up or down Shelly said that there are many considerations factored into property values going up or down, and the city does not have complete control over this Kelan Moynagh of 93rd Avenue, Yelm, stated that he IS requesting the whole project be stopped completely, then read his comment letter A copy of Mr Moynagh's comment letter was accepted by Glenn Blando and entered Into the record by Planning Commission Administrative Assistant, Dana Spivey Diane D'Acuti of 93rd Avenue, Yelm, questioned the checklist. Ms. D'Acutl asked about question #7 "Environmental Health" - any environmental hazards etc , and special emergency services required? Ms. D'Acuti stated the answers are "No" and "None required" - she questions these answers since a possible 5000 units are gOing to be added Ms. D'Acuti understood Cathie Carlson's explanation earlier ofthe phasing process, but is concerned that the initial response IS "no" and "none required" instead of reflecting the phasing explanation? Ms. D'Acuti also inquired about the question "Do you have proposed measures to insure the proposal is compatible with existing and projected land uses and plans if any?" - the response is "using the existing land use regulations" - however, staff indicates that thIS is something Yelm Planning Commission October 18, 1999 Page 3 .;; that is going to be going on in continuum Ms. D'Acuti stated that this too is a concern, if an existing plan is going to be used now, In ten years it won't work, is it an existing plan that is updated every year, is it a plan that is looked at every two years? Something that IS used now, isn't necessarily gOing to be effective five years from now Ms. D'Acuti added, in the transportation section, the reference asking about the streets and highways serving the site, did the Y2N3 or any of the studies consider the possible extra 5000 units in the plan? Ms D'Acuti is concerned because as she drives down the street now, she sees everyone coming out of Berry Valley Road She then asked about the question regarding "tnps per day generated by this completed project" - every answer says "see environmental impact statement(EIS)," which was expired July 1994 Cathie clarified that the EIS is not expired Ms. D'Acuti then asked how can the EIS still be used from five years ago? Five years is not that long, many things can happen In five years, an example IS the fact that Yelm now has three traffic lights - in the last five years If the EIS is a continuum, something needs to change, the environmental impact has changed - she is concerned that it says "there are no mitigating circumstances which would cause another check on the environmental impact, she thinks the impact IS tremendous Ms. D'Acuti stated that she has seen the growth in town in the last five years, and now this project IS talking about adding more people than there are in Yelm right now, even though it is over a continuation of time Ms. D'Acutl asked about how everything will be done at "final master plan approval" - shouldn't all these issues be addressed now, before it gets to final master plan approval, because it seems these people will have done a lot of work, and they could possibly come up to something that would negate it when it could be handled earlier? - According to the papers, a start date of Spnng 2000 is listed, that IS only 6 months away, Ms D'Acutl said Cathie addressed this question, saYing that IS what the initial environmental Impact statement did, a broad look at the property and the project. The EIS identified all those issues, when it gets more site specific about lot layout, location of utilities etc , exact mitigation will be determined Cathie stated she only has one copy of the EIS, but anyone is more than welcome to come take a look at It and make copies etc Ms. D'Acuti added that she is personally concerned about the flooding issue of Thompson Creek, to date nothing has been done about the creek The impact IS there, we've gone year after year, we've got more people here and a now a larger housing development is coming, and the eXisting environmental Impact statement will be used, that IS her main concern Bill Hashim, of 93rd Avenue, Yelm, stated he has been doing environmental management for about 25 years, currently work for the WA. State Department of Ecology - have Just drafted the stateWide water quality plan Yelm Planning Commission October 18 1999 Page 4 (J,.. Mr. Hashim stated that he knows a little about land uses and water quality problems, he would like to address this issue on two fronts One IS on environment, the other on social and cultural impacts Mr. Hashim continued saying he has come upon this project in the eleventh hour, he hasn't had time to look at many of the documents, but someone came to him a 1 % weeks ago claiming a 5000 Unit project is going to take place, and the city has declared It non-significant with some mitigation's - so he started looking Into it. Mr. Hashim said he looked at the EIS and he has an issue with process, he has worked with SEPA before, he thought you should have an environmental checklist first, a decision is made by a responsible official - which either tngger or doesn't tngger an EIS, and with this project it seems there is an EIS first and then a checklist? Mr. Hashim doesn't understand how this process was developed for the city, and then stated that he plans to file an appeal with the Thurston County Land Use Board, for process sake He then went on - to say that after looking at some land-use maps, It seems the whole area is aquifer recharge area, either critical category 1 or extreme category 2, if anyone knows anything about storm water runoff, golf courses are the worst users of chemicals of almost any land use in America - there's no protection for the ground water - he doesn't know how much ground water is being used by the City of Yelm, but suspects it is substantial This whole area was probably not a good area to be annexed in the first place, but Mr Hashim knows that is a mute issue He continued, the person who developed the checklist claimed there are no storm water impacts, but there is no technology in America that can stop storm water impacting both surface and ground water, the manual will make that claim also He stated that a project of this size should automatically trigger an EIS Mr. Hashim stated, his other major issue is the culture ofYelm - right nowYelm is an ugly little crossroad in the middle of Thurston County - part of downtown Yelm is for sale, actually a significant portion of downtown is for sale, he doesn't know who is responsible - the city councilor the planning commission - but it simply hasn't been taken care of, and what the city is doing, IS transfernng the responsibility for care of Yelm to the developers, and that doesn't work Mr. Hashim said he would like to see everyone start from where we are at, beautify Yelm as we work our way out, Instead of moving the City of Yelm some place else and abandoning the downtown Mr. Hashim stated that Steve Craig from the Yelm VisIoning Committee, said "they [the city] have already abused the visioning goals - what makes them think they are gOing to be any kind of checks and balances for this new development?" Mr. Hashim stated he suspects there won't be Ms. D'Acuti said she understands the city does a conceptual master plan, and the company or applicants do a conceptual plan - If the company dOing the conceptual plan owns the property - isn't that a conflict of interest? Cathie said the city does not do a conceptual plan, that IS private property and it's Yelm Planning Commission October 18 1999 Page 5 L. the same as if anyone came in and wanted to develop their property under the city's rules and regulations - they do the application, its part of their application to do a plan Ms. D'Acuti asked - so when it is called a Yelm Conceptual Master Plan, its not the city doing the plan - the city hires someone to do the plan? Cathie said no the city does not hire anyone, it's the responsibility of the property owners who are applying for the land use permit to do the plan Margaret Clapp said that maybe some of the confusion is that the city has the Comprehensive Plan - which they [city] have done for Yelm, and the conceptual master plan that the developers do for their property Cathie explained the differences between the city's Comprehensive Plan and a conceptual master plan Jim Enlow of Longmire Street, Yelm, asked if the traffic problem is going to be addressed before more houses are built? Cathie said yes, most definitely Mr. Enlow asked if Y1, 2 & 3 are going to be in place before the houses start going in? Shelly said not necessarily Bill Moss of 93rd Avenue, Yelm, stated that Thompson Creek cuts right through his property, and it has been stated that the substantial flooding took place in 1996, but every year since 1996 he has had just as much flooding or worse, and its because of the shores or banks of Thompson Creek eroded when the bad '96 flood came Mr. Moss said that since that has happened, that has increased a lot of wetlands along Thompson Creek, with all of this new projected development - it seems there will be even more runoff going down Thompson Creek, which will increase the flooding Mr. Moss wants to know what they can do if the applicants go on with their projects - who is gOing to pay for the damages that are caused to his and others properties along that creek when it floods worst than it does now? Mr. Moss stated that they [himself and other home owners] have held several meetings to find out what they can do to make that creek flow better, and as far as all the environmental people associated with the due process to do something about it, they say there is nothing that can be done He said, every year they just have to deal with the flooding, and now all these new houses will come in above us with roofs and pavement pushing water down to us even faster Cathie said she would address this situation to the best of her ability It is a very intricate system, the hydrology of the ground water, the surface waters and that is one of the major issues and studies that we will be looking at, the interconnections of systems and with the addition of pavement and rooftops and where the storm water goes - how it moves underground so that we don't increase runoff to Mr Moss and the other homeowners The city needs to deal with that onsite Shelly added that when we know the specific's of the development and the phases, the city will ask the developer to show the city with studies and actual on the ground work, what Will be done to keep flooding from happening Yelm Planning Commission October 18 1999 Page 6 Mr. Moss said that he can understand what Cathie and Shelly just said, there will be studies and findings and the city will approve all of it, but the water will still increase - then who is going to take care of the homeowners and our road when it still floods? He said that every winter he has to drive through water, and it ruins his vehicles every year Steve Speidel addressed Mr Moss, stating that one of the things in the DOE manual and other storm water manuals is that when a piece of property is developed - a study has to be done of how much water is falling on that piece of property and where the water is released from, the direction the water goes, where the release points are - the concept IS - what all engineers and public works departments are all striving for is that the development will not impact that flow and create any more water flowing or change the place that it goes from, so there may be a problem now, and this problem may not be addressed or fixed with this particular development process that we are talking about but the theory is that it will not be exasperated by the development. A lot of work will be done to make sure the problem is not worsened, there will be more additional information and maybe through the mitigation process the city will say because of this problem and because the overall development is happening in the area - maybe the culvert size could be increased or another piece of property could be used to create a basin where storm water can sit - its very possible some of these things could happen to address the problem Mr. Moss stated that one of his points is that the developers are ok with this 5000 unit project, and they [Mr Moss and other homeowners] couldn't even get an ok to dig out a ditch to alleviate the flooding problem Mr. Speidel said that is not true, if anything came up in any analysis that could potentially cause any more impact than is currently gOing on, there wouldn't be any approval Shelly stated that a key point to remember is that the city is not giving any development approval today, perimeters are being set for the development of these properties to apply under for all the detailed studies to be done, all of these Issues have to be addressed before the city could ever give development approval Debbie Moss of 93rd Avenue, Yelm, asked where the head waters are of Thompson Creek? Ms. Moss also added that golf courses don't filter their water, all the pesticides come with the water - right down to Thompson Creek and eventually into Nisqually River Ray Kent said that the head waters of Thompson Creek are near Hobby Street and 123rd Avenue, Yelm, (in the county) There was discussion by members of the public (who did not state their names for the record) Cathie stated that one thing that will be done for this project, because of the magmtude and complexity of it, the city will be hiring other consultants/specialists to review documents prepared by the appllcants/d evelope rs Yelm Planning Commission October 18, 1999 Page 7 ... Matthew Schubart, stated that a development like this could be done well for everyone's benefit, he is very new to all of this - hasn't had time to read everything on it - but he is interested in the comment made about conflict of interest, from a technical standpoint - in the city's subdivision bylaw the topic of conceptual master plan says "the purpose of conceptual review or approval is to establish general land use policies," Mr. Schubart has trouble with a private developer making an application to do a conceptual master plan, for a determined land use policy - that should be the business of the municipal organization Mr. Schubart stated that maybe he is incorrect on this, but he understood it as after the city performs a conceptual master plan In conformance with the comprehensive plan, then a developer makes an application for a subdivision within that zone or area of the conceptual plan and that gets approved and that becomes their personal standard Mr. Schubart said that he understands there has not been any application for a subdivision from anyone - therefore this is all "pipe dreaming" and we're all sitting here talking about things that have not been applied for Mr. Schubart stated he doubts seriously that the City of Yelm has a binding agreement with any of those property owners out there that prohibits them from changing their plans, he has observed for the last 8-10 years that the Thurston Highlands property has changed consortiums one or two different times, his point being it could change again tomorrow - everything could change tomorrow, he wanted to remind everyone that there has not been a subdivision or development application and it all could change Mr. Schubart said that he does not see any provisions in the subdivision ordinance or other ordinances where an actual policy has been defined - and If there Isn't a written policy - then they don't stick. Everyone has great ideas, but the City of Yelm may not have anything to pass because there isn't anything in writing For example, the police Issue - it IS not for a developer to decide on police, schools or public works - there Isn't anything In writing that says that more police will be added to the force etc - isn't it the law? Cathie said that's what this conceptual approval process is about - this is the Writing Mr. Schubart said that IS not a binding agreement - it is vague and capriCIOUS and can not be construed as law Cathie stated It IS conceptual approval for the property, it runs with the land - In order for them to come back and do final master plan approval Mr. Schubart said again, those are great ideas but it doesn't say how it is going to happen - as long as everyone is agreeing It is all fine - but the professionals here today can not speak in a binding fashion for the developers Shelly stated that it is important to remember that they do not have to speak in a binding fashion, the city IS considering this as a planning commission recommendation to the city council - the city council's approval becomes the binding framework for the development - whether the developer likes it or not. Margaret Clapp added that what they are binding to IS that the details are gOing to be worked out later - the traffic Yelm Planning Commission October 18 1999 Page 8 studies, the mitigation fees etc Mr. Schubart stated that he is just trying to warn the City, the conceptual plan will be passed but it is so vague - there is no formula of guideline or policy that the City has outlined - which the developers could follow - so that they know what they have to do, so the City knows what they will get. Cathie the next step, the "Final Master Plan approval," will give the City the foundation The first step, the "Conceptual Plan approval," creates the "bubble" and the cnteria which the next step can be accomplished in - then the next step "Final Master Plan approval" - gives the City, Mr. Schubart interupted and asked, then how can the gentlemen here today - actually do the business of deciding how to scope out all these things if they don't have a guideline policy of land use? Where do the formula's come in? Shelly stated there are fees established, that in our Comprehensive Planning process - the City looked at the big picture which Included this large area as well as other areas in town Mr. Schubart asked who IS going to pay for the development of the 30 acre commercial area in this proJect? Shelly said the developers will (DragtlDeTray) Mr. Schubart asked where is the formula? Shelly said that the City does not know what the formula will be until we receive an actual application for a site specific project. Mr. Schubart asked where does the formula come from? Shelly said the formula comes from the City's overall Comprehensive Plan, hook-up fees and current development standards Mr. Schubart asked if there is a formula for adding to the police department? Shelly stated that is a mitigated item that is dealt with directly with the developer when they submit to determine what the impacts are Mr. Schubart stated that he doesn't understand why the City calls this a "project"- when there hasn't been an application filed Debbie Moss asked if they can have more public notice on thiS, as much as the Y-Corridor gets? She stated that it seems this project or plan is just getting "hushed up" Cathie said that anyone not on the "adjacent property owners list" that would like to be on a mailing list for public notices etc , needs to notify us, the City can not do a mass mailing every time Kelan Movnagh stated that he received a "notice of application" In the mail - IS he understanding it correctly - that there is an actual application on file? Cathie said yes, for "Conceptual Master Plan approval" Glenn Blando asked If any members of the Planning Commission have any questions? John Thomson asked about Item #6-Schools, looking at the overall map it seems the bottom portion is in the Rainier School District - what the City may have to address is whether or not they consider going to the Superintendent of Public Instruction and maybe either having all the city within a single school district or they will have to individually address it in this plan both for Rainier and Yelm School District, and the developer would have to negotiate with both school separately E.J. Curry said that the City went through this when the first plan was onginated Cathie said yes, that is correct - this will need to be Yelm Planning Commission October 18 1999 Page 9 added as a condition, in the recommendation it will include Rainier School District. Margaret asked about the transportation mitigation, on the financing of that - is it because there may be off-site transportation mitigation Issues that the City wants to know about, or are you talking about purely with internal circulation roads? Cathie its mainly for internal roads, in particular probably the loop road, because there are other property owners that the commercial property owners are involved with In that construction, and the City wants to make sure that everybody is assessed fairly Margaret confirmed, her understanding is that the off-site transportation mitigation comes In with the impact fees? Cathie said more than likely, unless there IS some transportation Improvement in addition to the fee Glenn asked if there were any more questions or comments form the Commission? John said that several issues have been brought up by the public - he assumes that the Planning Commission will get feedback from the City's attorney or the city staff as to those issues which were brought up Cathie stated that if the Planning Commission does not feel comfortable with what is in the staff report, yes the city staff would be more than happy to get the city attorney's opinion or more information from the applicants Margaret stated that she feels comfortable that everything has been addressed, but Mr Speidel had a question about the commercial size - is that something that can be worked on? Shelly stated the staff recommendation is specific to the 15,000 square feet, Margaret could It worked on down the road? Cathie said yes, either that or It would have to come back in for an amendment, it should be dealt with now Shelly added that when the original conceptual plan in 1994, the whole concept of commercial was highly discussed and debated - how much commercial is too much? etc The reason that this was limited was so that this area was developed truly as the golf course amenities and the area where people would go to get gas, grocenes etc. would be different. Expanding this area beyond just the golf course amenities would be a change from the onglnal discussion Shelly said that the reason It was limited In the first place was to have the commercial area for this 2,000 acres be in the 30 acre tract, and not also in the 5 acre tract. Glenn asked for any other comments or quest~ons from the Planning Commission? There were none Cathie added that In the section of the conceptual plan where It talks about the commercial development in that 5 acre area, she did not carry that 15,000 square feet forward that was talked about In the staff report, so a decision needs to be made on that today Glenn closed the public heanng at 6 04 P m There was discussion E.J. Curry stated that she would be In favor of Increasing the allowed square footage of commercial in the 5 acre area, because that is the whole purpose of a master planned community - to keep more cars off the road E.J. added she doesn't feel the larger area (30 acre tract) should not be decreased, the 5 acre tract should be Increased Glenn asked if there is a Yelm Planning Commission October 18 1999 Page 10 recommendation? More discussion John asked for c1anfication, the Planning Commission is just approving a Conceptual Plan at this point? But when the plan comes in with its specific's, isn't that when we would address the environmental issues and this commercial square footage issue? Shelly said that is correct to a certain extent - however, there are certain areas that the city deems important to put in the Conceptual Plan in the beginning, including the types of land uses out there John stated he is reluctant wIthout getting feedback from the business community, to make a change from the original numbers He doesn't feel the city is at a point to make the change now Margaret agreed, her recommendation would be to keep the (square footage) numbers the same now, but she would be open to hearing an argument for why something should be shifted or changed when the developers have a more detailed plan Mr. Speidel asked the staff, with the 15,000 sq ft. limitation on commercial, would that be on commercial activities outside of the building of the clubhouse or would that mclude the clubhouse? Shelly said it would include the clubhouse Mr. Speidel said then maybe there is something he can offer to the Planning Commission as a compromise situation that would allow for future negotiation or discussion with the clients - the clubhouse facility would be included in the development facilities of the golf course with the secondary commercial 15,000 sq ft. which would allow for the businesses (i e video rentals, dry cleaners, pizza shop) in the little old town hub that would be centered around the golf course complex as shown on the concept plan, instead of going all the way up to the 55,000 sq ft. previously requested Mr. Speidel pointed out - please understand that the clubhouse facility is separate from the retail Ray Kent said he would be open to that consideration Cathie stated that it needs to be defined then - what is a "clubhouse?" There was some discussion John Thomson stated that he has to leave for another public hearing at his job Cathie said that part of this recommendation is that the reciprocal agreement be executed and the survey be done, there is some time In between now and when it goes to the city council - staff could work on this, there should be some feedback from the commercial community There was more discussion 99-15 MOTION BY RAY KENT, SECONDED BY E J. CURRYTO ALLOW STAFF TO WORK ON THE COMMERCIAL PORTION OF THE STAFF REPORT, AMEND AS NEEDED AND FORWARD THE CONCEPTUAL MASTER PLAN APPROVAL ONTO THE CITY COUNCIL FOR THEIR REVIEW AND APPROVAL. MOTION CARRIED Glenn added for the record, there was a letter submitted from Thurston Highlands Associates, to the City of Yelm regarding water Yelm Planning Commission October 18 1999 Page 11 Public Hearing - City of Yelm Parks & Recreation Plan Applicant: City of Yelm, Proposal: Update of the City of Yelm's Parks & Recreation Plan and Comprehensive Plan Amendment. Project location: City wide Glenn Blando opened the public hearing at 6 15 P m Glenn asked if any of the Planning Commission members had a conflict of interest? There was none Glenn asked if any member of the Planning Commission had received any information prior to the hearing? The answer was no Glenn asked the applicant/representatives if they had any conflicts of interest with any of the other PC members? The answer was no Cathie Carlson gave the staff report. Glenn asked if there were any questions? There were none Glenn closed the public hearing at 6 17 P m 99-16 MOTION BY RAY KENT, SECONDED BY MARGARET CLAPP TO FORWARD A RECOMMENDATION TO APPROVE THE UPDATE OF THE CITY OF YELM'S PARKS & RECREATION PLAN AND COMPREHENSIVE PLAN AMENDMENT TO THE CITY COUNCIL. MOTION CARRIED Other: Cathie announced - there will be a Joint Planning Commission Meeting on October 25, 1999, 6 30 - 9 00 pm, at Lacey City Hall Meeting adjourned at 6 30 P m Respectfully submitted, Glenn Blando, Acting Chair Date Yelm Planning Commission October 18 1999 Page 12 " t. . h ... City of Yelm Planning Commision TI ~~IEO~IE n I"l OCT 18 1999 U :;J C' October 18, 1999 To From Re: Kelan Moynagh I residentL' 14445 93rd Ave SE {'. . Southwest Yelm Conceptual Master Plan In review of the history of the current proposal of the Southwest Yelm Conceptual Master Plan, I request that the whole process be stopped and the plan denied. Not only has due process not been adhered to according to chapter 16 of Yelm Municipal Code entitled "Subdivisions", but there is also apparent conflict of interest regarding the project. Additionally, the environmental checklist is deficient. Due Process not followed Chapter 16 clearly outlines the proper procedure to be followed regarding subdivisions within city limits. Its purpose is so that the city can responsibly "provide for the health, safety and general welfare of its citizenry and the public." Specifically, it outlines the process required to subdivide C C 1 2. The city identifies an area within city limits that it wants to allow to subdivide The city drafts a conceptual master plan which outlines the provisions for subdivision Within 3 years from the master plan's approval, land owners within the area owning at least 200 acres may apply for subdivision and submit a master plan for development which is consistent with the overall conceptual master plan developed by the city After 3 years, the conceptual master plan expires and the land reverts to its original zoning. No subdivision can occur at this point. e g. the city now can not accept applications for subdivision 3 4 In contrast, here is what has happened 1 2. 3 The city approved the Southwest Yelm Conceptual Master Plan in 1994 The plan expired in 1997 This year, the city accepted application and an accompaning $6,000 fee from OragtlDeTray, LLC Now after accepting the application and money, the city now wants to simply submit the old plan without revision for approval. In an apparent attempt to streamline the project, the city issued a mitigated determination of nonsignificance to avoid any environmental considerations This when in fact the development may add 5,000 homes and 13,000 residents: more than the current population of Yelm! Addtionally, according to the Y21Y3 Corridor Executive Summary, Yelm is currently in declared transportation emergency The original conceptual plan apparently had assumed adoption of the Y1 proposal. No traffic analysis or study has been done to integrate the plan into the Y2N3 proposal. 4 5 6 eo \:: o Conflict of interest In proposing the Conceptual Master Plan, it is the city's responsibility to do an environmental checklist. A checklist was done It was prepared by The Kirkbride Group, Inc. and paid for by Dragt/DeTray, LLC Deficiencies in the Checklist #3b Water rights is an unresolved issue See the attached letter from Kari Rokstad, Washington State Department of Ecology to Shelly Badger, City of Yelm dated September 29, 1999 #4 In addition to the vegetation listed, one must add water plants #5 In addition to the birds and animals listed, one must add Birds: heron, eagles, ducks and other water fowl Mammals: elk, coyotes, mountain lion Fish: unknown type, but Thompson Creek has fish in it #5c Elk is a migratory animal and thus requires special consideration under Yelm Ordinance 426. (Wetlands also required this special consideration.) C #8f There is no comprehensive plan in effect. #10 Government approvals required? Whereas this project only lists approval of the Conceptual Master Plan which is the purpose of this questionnaire to begin with (!), according the Y21Y3 Corridor Executive Summary, the Y21Y3 project required" National Marine Fisheries Service and U S Fish and Wildlife Service - Biological Assessment Concurrence U S Amy Corps of Engineers - Section 404 Nationwide Permit Washington State Department of Fish and Wildlife - Hydraulic Project Approval. Washington State Department of Ecology and Thurston County - Shoreline Substantial Development Permit Thurston County - Floodplain Development permit The Southwest Plan includes many of the aspects that the Y2IY3 Corridor exhibits including wetlands, floodplains, bodies of water, oak stands, critical areas of aquifer recharge, hydric soils, and seasonal streams. Why the difference in standards? o 10,18/1933 1~ 14 2E)b-93,-:::3~6 FAUL & MEIYEA LIAO ..() Thurston Highland Associates 523 Pine Slres~ Suile 208, Seattle, WA 98101 (206) 467-4916 Fax: (206) 343-0367 o Mr, Sandie Mackie City Attorney City of Yelm 105 Yelm Avenue West Yelm, Wash 98597 Re: THA Development - Water Supply Dear Mr Mackie October 18. 1999 OCTlS. It appears that THA project implementation depends on availability of water supply We appreciate your early assurance to supply initial phase of development for about 500 ERU plus water for irrigating lawn/golf course. THA, in return, will assign the well site(s) to the City with the understanding that the City can process and obtain water right from the State sooner. and that once the well is installed, the THA should have the first right to use well water Any excess water can be supplied to other property at ncrmai citys charges. By the same talking, the City of Yelm should ask DragtlDe Tray to assign their well water r!ght to the City The City can supply axcess water fiOm DragtJDeTray site to other property including THA. Based on Preliminary Ground Water Exploration for THA prepared by Robinson & Noble, Inc. (January 1995). the potential quantitie$ of water supplies (from sites on THA property) are: ~ QMity pH ~ AAat'tj etmE Iron M-aganese N~ Turtkiy C !\kJr1h TES We: 1842ft 2OOOg:m 72 45rrgl 6J rrYjl <" 5rrg1 <0.1 rrg4 021Tt()1 ODllTQ1 1.5 NTU WefJ.Te;j,Wcl 300ft 1,1J.:X)~ 74 651i91 OOI1'Ql <2Errgl <D.1 rT91 01rry1 tOng! 2.0 NTIJ &:xJ1TeetWej 17Cft 71gm 6.9 rorrol 46~ <..2.5lT91 n 11 m.i .;,C.ns!T9l 12NTU Obinson & Nobie concluded and recommended to install a permanent well (at the West Test Well site) of 16-inch to 20-inch diameter with a target depth beyond 300 feet They estimate the well will prodUC8 1,000 gpm or more. The total dwelling units fO( THA is 3.167 units plus irrigation water for gOlt course For domestic potable water supply th!,j daily consumption is about 70 gallons per capita p6r day Based 2.2 parsons per unit, the tCtal residents at THA (v'Ihen totally implemented) will be 6,968 persons Assuming the commFirc1al and community and clubhouse water usage is 1000 persons equivalent. Therefor:.:, the total water supply will be (6,968 + 1,(00) x 70 gped =: 557.760 galions per day (average day) The well water supply of 1,000 gpm is equivalent to 1.438,849 gallons psr day Whir.:h is more than"adequate (0 serveTHA's development including peaking hours, fire fighting and irrigation for lawn and golf ,",ourse. However, in order to be safe we will install an additional wall at South Test Well sitE! to retain about 100 gpm for routine irrigation purposes. We will also install a piping loop at westwel to withdraw well wat~r (bypassing treatment) for regular irrigation, In addition, we will use enhanced wetland iakes-ponds to hold and save water for irrigation in case of extreme o PAGE 21.:. <:: f"~-- t.. \).. 1 ' ; i 1 .8fl~O ; ,~ t 1 7 ,~ o o o 10/18,1939 Ie 14 --4 .. -. '4 2E'b-':,35-23DE::1 F;:lJ....!L :~ ~;lEIYEi-\ Ll.~O PAGE €J2 " ... ~A\J ,. o shortage of irrigation water in the summer. In order for THA partners to proceed with implementation in year 2000, we have to hav~ your assurance of initial supply inciudad in writing as soon as possible. We thank 'Iou for your understanding and support toward implementing this Significant project in Yelm. C C Dennis Su Robert Thorpe Sincerely, /:;~a'~" ~ ..../ " Managing Partner ,,---~_::. ,-' o ~ o City of Yelm OC1 'Q1 . 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 Date October 12 To Planning Commission From' Cathie Carlson, City Planner Re Conceptual Master Plan Approval, MPD 98-8216-YL LIST OF EXHIBITS. Exhibit A - Summary of Thurston Highlands Associates Ownership Exhibit B - Summary of DragtlDeTray L.L.C. Ownership Exhibit C - Summary of Other Parcels Ownership Exhibit D - Public Hearing Notice Exhibit E - Vicinity Map Exhibit F - Written Comments from the Public PUBLIC HEARING OBJECTIVE. The Planning Commission shall review the application for completeness and, if it determines that the proposed Master Plan is consistent with the Comprehensive Plan and the City's other plans and policies, recommend approval by the Planning Commission If the Planning Commission determines that the proposed Master Plan is not so consistent, it may either remand for modifications specifically identified or recommend denial by the City Council BACKGROUND In 1994, the Yelm City Council approved the Southwest Yelm Conceptual Master Plan The approval provided the framework and conditions for Final Master Plan and project approval(s) An Environmental Impact Statement and Addendum to the Environmental Impact Statement were prepared as an element of the approval The Conceptual Master Plan was approved with a minimum density requirement of 3 5 units per net developable acre and a maximum of 4 44 units per net developable acre, with a limit of 5,000 dwelling units Two Golf Courses and Commercial Zoning were approved for a 30 acre tract in the middle of the site and a 5 acre tract in the southwest area which would be located near the Golf Course Club House Adequate provisions for open space, schools, streets, public utilities and critical areas were required Yelm Municipal Code, Chapter 1762060, Master Plan Development requires that a complete master plan be submitted within three years of conceptual approval unless an extension has been granted pursuant to Section 17 62 070 The Conceptual Master Plan Approval expired on October 12, 1997 The City did not receive a request for extension approval PROPOSAL. The proposal is for Conceptual Master Plan approval and does not propose any changes from the 1994 approved Conceptual Master Plan as described above The area encompasses approximately 1800 acres and is located northwest of State Highway 507, southwest of State Highway 510 in the area of Killion Road, referred to as the SW Yelm Annexation Area The proposal FINDINGS and CONCLUSIONS. 1 Proponent. Co-applicants Thurston Highlands Associates and Dragt/DeTray 2 location Northwest of State Highway 507, southwest of State Highway 510 in the area of Killion Road, referred to as the SW Yelm Annexation Area 3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News on October 8, 1999, and posted in public areas on October 7, 1999 The notice was mailed to adjacent property owners and the applicant on October 7,1999 4 Existing land Use Vacant, rural residential and agncultural 5 Adiacent land Uses Vacant, rural residential and agricultural 6 Zoninq Master Plan Community 7 Soils and Geoloqy Nisqually loamy fine sand dominates the meadow areas and along the creek bank, Spanaway sandy gravelly loam, and Spanaway sandy loam are located on the eastern portion of the property Everett gravelly sand loam and Yelm fine sandy loam can be found on the site Also, a small pocket of Mukilteo muck was located close to some of the wetland areas 8 Wetlands. Yelm Cntical Areas Map indicates a primary wetland system on the northeastern portion of the site and numerous smaller wetlands in the southwestern portion of the site The original EIS for the Southwest Yelm annexation contains a wetlands map and a wetlands study of the on-site wetlands The wetlands work performed for the EIS was adequate to consider the impacts on the wetlands from the annexation and the various development scenarios The proposal adequately accommodates the Identified on-site wetlands for Conceptual Master Plan approval Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant Page 2 of 13 to show the location of wetland areas within the Master Plan area and "for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant." It is critical to consider the impacts of the Final Master Plan on wetlands, including adjacent, off-site wetlands Prior to Final Master Plan approval the applicant must identify with greater detail and perform further studies of all the on-site wetlands, the large wetland to the south of the planning area and the wetlands to the north of the project area associated with Thompson Creek. 9 Surface Water. Thompson Creek crosses the site, south to north, on the westerly portion of the site Thompson Creek collects surface water runoff and spring water from the south DUring heavy rainfall and high water periods the water overflows both sides of the creek and floods low meadow areas During the 1996 flood event(s) many residents along Thompson Creek experienced flooding The Flood Insurance Rate Map produced by the Federal Emergency Management Agency, categorizes Thompson Creek, inside the City limits, as a Zone A. Zone A's are flood hazard areas that are inundated by 1 DO-year flood events, but no base blood elevations have be determined Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant to show the location of flood plains and water courses within the Master Plan area and "for a reasonable distance beyond the boundaries of the proposed development to Include adjacent or nearby lands where project impacts are relevant." It is critical to consider the impacts of the Final Master Plan on Thompson Creek and associated flood plains, including adjacent properties Prior to Final Master Plan approval the applicant must identify with greater detail and perform further studies of the flood plains associated with Thompson Creek on site and to the north of the planning area 10 Ground Water Yelm Critical Areas Map indicates the site contains Category 1, 2, and 3 Aquifer Recharge Areas Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant to provide "any additional information as required by the planning department necessary to evaluate the character and impact of the proposed master plan" Prior to Final Master Plan approval the applicant must identify with greater detail and perform further studies of the ground water and hydrology of the site 11 Transportation and Site Access. Access on the eastern portion of the site is from Berry Valley Road, Longmire Street and Durant Street. Access on the southwestern portion of the site is from Hwy 507 There is no access to the northern or most westerly areas of the site Page 3 of 13 Berry Valley Road and Durand Street are not built to current city standards and are not adequate to safely accommodate the additional traffic generated by the proposed project The applicant has proposed the main loop road through the planning area, from Highway 507 along the Doyle/Bosequett parcels, through the golf course/single- family residential area, intersecting with the North/South Corridor, and finally connecting with Yelm Avenue along Berry Valley Road and to Killion Road The main loop road is considered the primary essential corridor for the project. Pnor to City Council review of the proposed Master Plan, the applicants and the property owners of the commercially zoned property along the primary essential corridor should execute a reciprocal agreement that includes the right-of-way dedication deed for public use To ensure that the primary corridor is viable the applicant shall provide a record of survey for the right-of-way as an Exhibit to the staff report prior to the City Council review of the project. The second essential corridor for the project IS the North/South connector This corridor is located within the commercial area and is required to provide for the connection of streets and adjacent services This corridor is located solely on the Thurston Highlands Associates property The right-of-way dedication should occur prior to Master Plan approval The goals and objectives of the City's Comprehensive Transportation Plan require new development to provide connected-streets to promote the efficient flow of traffic within the community The internal street network shall meet this goal and will be approved at time of Master Plan approval The City's Concurrency Ordinance, requires all development to mitigate impacts to the City transportation system Mitigation for off-site transportation impacts include, but are not limited to, payment of the Transportation Facility Charge The applicant shall complete a Traffic Study and Analysis prior to Final Master Plan approval 12 Wastewater The project area is within the City's service area, however the City does not have sufficient sewer treatment capacities for development of the entire site The Master Plan area will be expected to provide sewer services and infrastructure for all new development in the plan area To ensure adequate capaCities and the concurrent construction of infrastructure the applicant shall provide a phasing plan for sewer service The phasing plan shall also identify financing options The phasing plan shall be required at time of Final Master Plan approval 13 Water Supplv The project area is within the City's service area, however the City does not have sufficient water rights for development of the entire site The Page 4 of 13 Master Plan area will be expected to provide water service and infrastructure for all new development in the plan area To ensure adequate capacities and the concurrent construction of infrastructure the applicant shall provide a phasing plan for water service The phasing plan shall also identify financing options The phasing plan shall be required at time of Final Master Plan approval 14 Drainaoe/Storm water The completed project will increase impervious surfaces on the site and adjacent streets Impervious surfaces create storm water runoff When uncontrolled and untreated storm water runoff can create health and safety hazards Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant to provide a master drainage plan, including storm water control The applicant must identify with greater detail and perform further study of the existing site drainage and proposed drainage plan 15 Fire Protection Fire protection is provided by the Thurston County Fire District #2 As development occurs there Will be additional demands for fire service Prior to approval of the Final Master Plan, the applicant shall identify impacts and mitigation for development phases 16 Police Protection Police protection IS provided by the City of Yelm As development occurs there will be additional demands for police service Prior to approval of the Final Master Plan, the applicant shall identify impacts and mitigation for development phases 17 Schools The applicant has shown two potential school sites within the project area The school sites may not provide adequate school facilities in relationship to the project impacts Also, the Southwest Yelm planning area is divided between the Yelm School District and the Rainier School District. Section 28A.315 250 of the Revised Code of Washington requires that each city and town be comprised in a single school district. The statue does not necessarily place the burden for amending the boundaries of a school district on a city In fact, it is the City of Yelm's position that the burden is on either the school districts, the educational service district or the applicant to propose and amend the school district boundaries The applicant shall be responsible for negotiating within the Yelm and Rainier School Districts, as well as their educational service district for the proper modification to the school district boundaries Prior to Final Master Plan approval the applicant shall enter into an agreement with the Yelm School District for provisions for adequate school facilities consistent with State nexus requirements and State funding programs for K-12 Page 5 of 13 education 18 Open Space. The City's Master Plan Ordinance requires the applicant to locate and show the relationship to local parks The city seeks to provide parks and open space to nearly 10,000 projected residents of the Southwest Yelm planning area The City's Open Space and Parks Ordinance requires new development to dedicate five percent (5%) of gross area in single-family designations and ten percent (10%) of gross area in multi-family designations 19 LandscapinQ. 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 Chapter 17 80, Landscaping, requires the applicant to provide on-site landscaping for all development proposals In addition, the original EIS identified mitigation measures that include buffer areas around the project site to help form a separation between the proposed development and some offsite agricultural and military uses At time of Final Master Plan approval the applicant shall provide a buffer plan for approval At time of development approval for each phase the applicant shall provide a landscape plan for approval 20 Commercial Development. The applicant has proposed two areas for commercial zones The pnmary commercial area IS 30 acres, adjacent to the North/South essential corndor The City is concerned that commercial development in the Southwest Yelm planning area will not only serve the customer base of the planning area, but will also draw an unacceptable market share from existing established businesses in the downtown and surrounding areas of the City Therefore, the City should Impose a limit of 330,000 square feet of commercial floor space in the primary commercial area Also, commercial development should occur concurrently with a population base In the planning area that can support the commercial uses The City should restrict commercial development to 15,000 square feet of gross floor area with the initial Master Plan At such time when 1250 dwelling units are constructed and the entire primary essential transportation corridor (Loop Road) is constructed, the remaining 315,000 square feet of gross floor area will be allowed The second commercial area is five (5) acres located in the southwest area of the site and is intended to be centered around the golf course club house This commercial node is adjacent to and is served by access from the main loop road The city is similarly concerned with the market share that this node will draw from downtown Therefore, the City should impose a limit of 15,000 square feet of gross floor area Page 6 of 13 Because the Master Plan IS its own zoning district, the Commercial Distnct development standards do not apply to commercial development in this planning area To ensure the commercial development is consistent with City development standards, the primary commercial area (30 acres) shall be subject to the provisions of Chapter 17 26, Commercial Zone (C-1) and the secondary commercial area (5 acres) shall be subject to the provisions of Chapter 17 24, Central Business District (CBD) 21 Design Guidelines For the commercial areas of the project site the City Design Guidelines should be utilized to ensure commercial development is consistent with City goal's and policy's The Design Guidelines require developers to consider. 1 Site Planning - the location, onentation and relationships of buildings, parking lots and other features 2 Pedestrian Access - pedestrian circulation, safety and comfort. 3 Vehicular Access and Parking - location and size of driveways, access roads and parking lot. 4 Building Design - design elements anc character of built structures 5 Site Design and Landscaping - character and qualities of landscaping, open space and other site features The primary commercial area (30 acres) shall be designated Village Retail The secondary commercial area (5 acres) shall be designated Old Town 22 Environmental Review: In February of 1993, the City of Yelm published an Environmental Impact Statement for the annexation and development of the Southwest Yelm area That EIS considered the impacts associated with annexation as well as various conceptual development scenarios With this extensive environmental review in place, the City determined that an addendum to the final Environmental Impact Statement would satisfy the need to review additional information and analysis for the original conceptual master plan review On July 11, 1994, the city of Yelm issued an Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexation Staff Recommendation. Staff recommends the project be approved with the following conditions of approval and that the Planning Commission forward the proposal to the City Council for review and approval Page 7 of 13 CONDITIONS OF APPROVAL 1 DensitieslDwelling Units a The total number of dwelling units allowed in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling units This overall maximum is further allocated to each ownership group within the Master Plan area according to the attached Exhibits A, S, C b The minimum number of dwelling units in the Master Plan area shall be computed on the basis of 3 5 dwelling units per net developable acre Net developable acre is the land measurement remaining after subtracting required open space, environmentally sensitive areas, parks, transportation and utility corridors, and any other unbuildable area The minimum density shall be applied and enforced according to the minimum dwelling units allowed by the attached Exhibits A, S, C c Accordingly, therefore development in the Southwest Yelm Master Plan shall be between 3,946 dwelling units and 5,000 dwelling units d Zoning Standards - To accomplish a balanced community the purpose of the Conceptual and Final Master Plan is to write the zoning ordinance for the SW Yelm Annexation area The Final Master Plan shall provide for a variety of housing types Housing types may include single family detached, single family attached, duplexes, zero lot line, manufactured homes, modular homes, and townhouses Allocation of housing types shall not exceed 50% of anyone type within a phasing area as identified in the Final Master Plan At the time of final master plan application the applicant shall provide the city with development standards for approval In the event the approved development standards for the Southwest Yelm plan area, do not address a development standard, Chapter 17 15, Moderate-Density Residential District (R-6) shall govern e If, after the complete build-out in any particular area within the Master Plan area, the City determines that the net density in that particular area is below the maximum net density allowed for that area, any remaining unused density may be transferred In the form of dwelling units to another property owner within the Master Plan area, subject to approval by the City Nothing in this paragraph shall be deemed to allow development In excess of the overall maximum of 5,000 dwelling units in the Master Plan area 2. Transportation a The Conceptual Master Plan approval requires the establishment of two Essential Utility and Transportation Corridors The primary essential corridor is the main loop road that connects to State Highway 507, loops through the Thurston Highland Associates parcel, intersects the North/South essential Page 8 of 13 corridor (referred to as Y-1 corridor in previous approval), follows Berry Valley Road and connects to State Highway 510 at Killion Road The main loop road corridor will be constructed as a "Boulevard" under the Minimum Street Design Standards adopted in the City's Development Guidelines b The second essential corridor will serve as a North/South connector The purpose of the north/south corridor is to provide for the connection of streets and adjacent commercial services c Thurston Highland Associates, Dragt/DeTray and the property owners of the commercially zoned property along the primary essential corndor shall execute a reciprocal agreement to include the right-of-way dedication deed for public use The applicant shall provide a record of survey as an Exhibit to the staff report prior to the City Council public heanng for the Conceptual Master Plan approval d The right-of-way dedication will give each property owner the right to dedicate the entire stretch of the corridor to the city In conjunction with Final Master Plan approval Dedication will occur at time of final project development approval by phases e The Final Master Plan shall identify transportation infrastructure construction with phasing Those phasing projects could Include financing options to include a developer extension, Local Improvement District, Latecomer's Agreement or combination thereof f The North/South Corridor shall be placed in a right-of-way deed of sufficient width to meet City Development Standards at time of Final Master Plan approval This will ensure that structures are not constructed in the area that could potential serve as the future transportation corridor The Corridor shall be dedicated to the City at such time It is constructed to City standards g The applicant shall obtain from Thurston County all necessary permits for crossing the Yelm/Tenino railway right-of-way owned by Thurston County h The applicant shall secure a Highway Access Permit from the Washington State Department of Transportation (WSDOT) prior to Final Master Plan approval The applicant shall prepare a Traffic Study and Analysis prior to Final Master Plan approval 3. Utilities a As of Conceptual Plan application date, there are not sufficient water nghts and sewer treatment capacities for development of the entire Southwest Yelm Master Plan area The Master Plan area will be expected to provide water, sewer and sites for Page 9 of 13 reuse of reclaimed water for all new development in the plan area b All costs of water, sewer and reclaimed water reuse areas and services, including line extensions and necessary capacity upgrades shall be borne by the applicant. All such utilities shall be designed and constructed in accordance with the Development Guidelines adopted by the City of Yelm, the Department of Ecology, the Department of Health, the Fire District and any other agency with jurisdiction over such utilities c At Final Master Plan approval, the applicant shall provide a phasing plan for the construction of utility infrastructure that will identify financing options and may Include a developers agreement, Latecomer's Agreement, a Local Improvement District or some combination thereof d Thurston Highlands Associates and DragtlDeTray LL C shall, as a condition of Final Master Plan approval, enter into an agreement with the City to grant easements a lease or a license to the City, or a combination thereof, to make use of its property for reuse of reclaimed water, in a manner consistent with the Water Reuse Facilities Plan adopted July 1995, necessary to serve the phases of the overall Master Plan e Prior to Final Master Plan approval the applicant shall prepare a master drainage plan, including storm water control 4. Commercial Development a Commercial development in the 30 acre commercial tract along the North/South Corridor of the Southwest Yelm Conceptual Master Plan area shall be limited to a total of 330000 square feet of commercial floor space to be phased with development as follows 1 Chapter 17 26, Commercial Zone (C-1) shall govern the use of land and development standards in the Southwest Yelm Conceptual Master Plan commercial area 2 Fifteen thousand (15,000) square feet of commercial floor space may be authorized initially upon final Master Plan approval 3 The remaining 315,000 square feet of commercial floor space will be allowed after the construction of 1,250 dwelling units (25% of the total dwelling Units allowed) and completion of the loop road in the entire Master Plan area Timing is designed to assure that the new Commercial Center has adequate transportation facilities and density to support a satellite commerce center and not significantly effect the City goal of consolidating commercial development in the urban core 4 Commercial development in this area will be consistent with the Yelm Design Guidelines The commercial area shall be designated Village Page 10 of 13 Retail, per the City Design Guidelines, with all streets adjacent to commercial development being classified as pedestrian oriented Commercial development in this area will be modeled on a neighborhood village concept b Commercial development within the five (5) acre commercial designation near the clubhouse In the Thurston Highlands Associates ownership shall be developed according to Chapter 17 24, Central Business District. Commercial development in this area will be consistent with the Yelm Design Guidelines The commercial area shall be designated Old Town, per the City Design Guidelines, with all streets adjacent to commercial development being classified as pedestrian oriented Commercial development in this area will be modeled on a neighborhood village concept. 5. Open Space and Parks a Development within the Master Plan area shall comply with the City of Yelm Open Space Ordinance The Open Space Ordinance requires the dedication of five percent (5%) of gross area In single-family designations and ten percent (10%) of gross area in multi-family designations 1 Thurston Highlands Associates shall dedicate a minimum of 62 acres of open space phased concurrently with development according to the City's level of service standards and the Open Space Ordinance Thurston Highlands shall dedicate the currently shown 10 acres of park in two parcels One park (community park) shall be suitable for active recreation, such as softball or soccer fields The other park (neighborhood park) shall be suitable for more passive recreation such as picnic areas, walking trails, etc The remaining 52 acres shall be dedicated consistent with band/or c below 2 DragtlDeTray shall dedicate 11 acres of park/open space phased concurrently with development according to the City's level of service standards and the Open Space Ordinance One park (community park) shall be suitable for active recreation, such as softball or soccer fields The other park (neighborhood park) shall be suitable for more passive recreation such as picnic areas, walking trails, etc b Thurston Highlands Associates may propose a portion of the golf course to meet its remaining open space requirements To do so, the applicant must establish that maintaining it as a private open space satisfies all of the criteria of Title 14, Chapter 14 12, Open Space and Parks, other than dedication, and that it serves the purposes of the ordinance A private open space must be accessible to the general public Thurston Highlands may offer a portion of the golf course to meet its open space obligations provided one or more of the following alternatives Page 11 of 13 1 a Open the golf course to the general public, or 1 b Create a system of trails throughout the golf course with an easement for public use c Thurston Highlands Associates will dedicate additional acres of park (up to 52 acres) to equal the minimum acres required by the City's Open Space Ordinance All open space areas shall be identified pnor to Final Master Plan approval 6. Schools The Final Master Plan shall show an agreement with the Yelm School District for provisions for adequate school facilities consistent with State nexus requirements and State funding programs for K-12 education 7. Environmental Review a The mitigating measures Identified in the Final Environmental Impact Statement and Addendum to the Final Environmental Impact Statement shall be satisfied in the development of the Southwest Yelm Conceptual Master Plan Those mitigating measures are adopted herein by this reference and made a part hereof b The City will require additional detailed studies at the time of application for Final Master Plan approval Those studies shall be supplements to the Final Environmental Impact Statement and shall identify specific phasing impacts and mitigation The studies may include, but are not limited to, Traffic Impact AnalysIs, Thompson Creek and Flood Plain Analysis, Storm water Analysis, Wetland Report and Delineation, Ground Water and Hydrology AnalysIs, and Soils and Geology Study 8. Procedural Issues a Final Master Plan Approval shall be processed in accordance with Yelm Municipal Code, Title 17, Chapter 17 62, Master Plan Development. b Each of the major planning areas (Thurston Highlands Associates, DragtlDeTray, and other parcels) may proceed independently with Final Master Plan approval, provided that the overall requirements of this Conceptual Master Plan approval are satisfied c Each of the major planning areas (Thurston Highlands Associates, Dragt/DeTray, and other parcels) may proceed independently with modification requests with respect to an individual planning area independent of the other Page 12 of 13 planning areas so long as the changes are consistent with the overall City Comprehensive Plan d Property owners within the Master Plan Area who own 20 acres or less shall be allowed to plat said property without Final Master Plan approval All platting shall be consistent with City Development Guidelines and the conditions of the Conceptual Master Plan Page 13 of 13 Exhibit A SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Thurston Highlands Associates Ownership Total Area Wetlands Golf Course Parks Schools Water Tanks Main Loop Road Reuse infiltration areas Net Developable Acres Required Open Space Minimum Density. Minimum Dwelling Units Maximum Density. Maximum Dwelling Units Population Estimate 1,240 Acres 62 Acres 370 Acres 1 0 Acres 23 Acres 2 Acres 30 Acres 30 Acres 713 Acres 62 Acres 3 5 units/Net Developable Acre 1 2,500 Dwelling Units1 444 Units/Net Developable Acre 1 3,166 Dwelling Units 1 Minimum - 6,250 Maximum - 7,923 On-Site Improvements will be identified in Phasing Plans for Final Master Plan 1 10% deviation from the state density is considered within an acceptable range Exhibit 0 NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION DATE PLACE PURPOSE Monday, October 18,1999,400 p.m Council Chambers, City Hall, 105 Yelm Ave W, Yelm WA Public Hearing to receive comments on the City of Yelm Parks and Recreation Comprehensive Plan APPLICANT City of Yelm PROJECT LOCATION Yelm, WA The Yelm Planning Commission will hold a public hearing to receive comments on the City of Yelm Parks and Recreation Comprehensive Plan The plan uses public involvement, a park and recreation inventory, goals and objectives and a demand and need analysis to formulate a six year Capital Improvement Program The overall goals of the plan are to enhance and fully develop all current parks and recreation areas and facilities, while developing new ones Testimony may be given at the hearing or through any written comments on the proposal, received by the close of the public hearing on October 18, 1999 Such written comments may be submitted to the City of Yelm at the address shown above or mailed to City of Yelm, PO Box 479, Yelm WA 98597 Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Ave W , Yelm WA. For additional information, please contact Cathie Carlson at 458-8408 The City of Yelm provides reasonable accommodations to persons with disabilities If you need special accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72 hours before the meeting ATTEST City of Yelm / " /) ;;'1_ o OdtJ /V\//bIlYLLC f:- Agn / s Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News Fnday, October 8, 1999 Posted in Public Areas Wednesday, October 6, 1999 Mailed to Adjacent Property Owners Wednesday, October 6, 1999 Exhibit E I / 16 15 14 1 ...... tl) ~ 93rd Ave CI) p tl) ;3 u 33 22 21 ~ 28 - ~ 34 36 SOUTHWEST YELM ANNEXATION AREA ExhibitF October 4, 1999 CIty ofYelm 105 Yelm Avenue West PO Box479 Yelm, WA 98597 To Whom It May Concern. As neIghboring residents to the proposed new development Prame V Iew-- Thurston Highlands Master Planned Commurnty, we have many concerns. Such as floodmg, stream bank erOSIon, pollutIon of dnnkmg water, wells and aqUIfers, loss of habItat for fish and wIldlIfe, and publIc trespassmg on pnvate property due to the populatIon m the area mcreasing. We also have questIons that we would like to have addressed. Is the government adequately enforcmg regulatIons that prevent developers from creatmg flood and pollutIon problems m the fITst place? Was thIS area mapped and flood areas acknowledged by Infared photos taken durmg the January 1997 floodmg? Were the tests done to evaluate thIS specIfic SIte, local soIl analYSIS and tests for SIgns of floodmg and wetlands? Are these homes being built m these flood prone areas? Will there be adequate sewer and water systems, dramage systems, etc? Will thIS growth degrade the water quality ofthe eXIstmg homes m the area? ThIS undeveloped land IS heavIly vegetated, absorbmg a lot of ramwater With development we wIll lose thIS natural absorptIon and filtering of ground water There will be more ImperVIOUS surfaces creatmg even more water runoff, affectmg the neIghboring residents. Is thIS development gomg to affect the natural dramage system now m effect? There are natural ponds, streams, and dItches that are now barely controllmg the water runoff. Are these drainages going to be blocked, making us more prone to flooding, especially through Thompson Creek? Also, was it taken mto consIderatIon the true cost of extendmg services, calculated when perffilttmg development, and will the developers pay the cost? Were Impact fees consIdered that cover Thurston County's cost ofmanagmg storm water and drainage systems and related Issues? Will developers have mItIgated all water Issues pnor to fmal plot approval? Developers should be held accountable when problems wIth floodmg and water systems occur ill theIr developments whIch m turn affects us. These issues wIll only get more complex and harder to solve as the number of people and homes mcrease Makmg sure these Issues of water qualIty, quantIty, storm water control, safety and pnvacy are fully addressed should be a pnonty before development IS permItted. ~ 11ft y 1f fis (Jolin w~J /4/3 I Or 31ft /4tt .se l.#lrn) wA q~591 .J-o~ ~~ . t 1140 1 s rrX Av--:-. 'de ~~ ~A- t~~ r~s;! ~-1~J .I' V RJ-tc 'VL f{ 0 S rzr . /J /" IJA- ~J~r ~ 2{Cj L /1 /J ;j '1.:jeLuL v I ( i ~-~ ~3~~~ / LJ /J-- 7 1 '3 t5U! au-c 5'/ L / UoCLvn Wo..-o I \J~q~Sqry /j7a I r f' 517 /, L 'f), C-: : , ) V~~.l ~ - L/ .(/ <7 - 3 tJ % .5 {1' ~'- !:(~~$" ~ I J U fS- S7"" )h,~/J~~~ . 1~~i'~ 'P~ f'~ js803 S""'-~;6 . I.J---,..L- l0~ C'- I'lJa:J, '?7d, S,E ~ ~ 1~/t?3 J'~Jlt.. SF r~ Thank you, Concerned NeIghbors. .--~ ~ rY\.J.L,- ~3j Cj5o~S..t ~ We, '15'5 <;"7 I..f<;>yuS-.r3 ~ -1rJcU1LLJ Ilfttll':; - 9J~ ave 6- E- YR..fnr UJIl CJKS9=J- '1sg ,?931 ~~Q~~~ ~ 5/; 1~~g3 - 93~ OA/~ ~, WA 9 f:,5<J7 ~ 5 J - r;'7.3~ -./, Au ~ y';;:/Jue,SE L1-Lh?1. Wc{. q g..5- f 1 (/ ~5'f- 7370 /0 (~, 77 r\ r::Z iJ-ej!- G!/l@n'<- ~ ad ~(j ~~t{ ~ hh,f!~~/ rudcll;/b/ A~d t?17 b?~ b/?/ Jt/a ~ ~ tA-6 d~ clu ~&c{, IIJ (" r-, August 10, 1999 Dear Members of the Yelm City Council and Planning Commission, We have recently received information about the current plans for the Prairie View, Thurston Highlands Master Planned Community. On that note, We would like to explain that our family has chosen our residence to live out our lives in a safe, rur~ location. Please take in consideration our concerns which were expressed in person at City Hall on August 4, 1999: 1. How will Longmire Street and Berry Valley Road be affected? a. When we moved to this location we chose not to live on a busy highway. b. We don't want to lose the land bordering the street to road development, parking area and sidewalks. There is a line of small trees that have been planted along the roadside that we don't want destroyed. We hope they will provide us a buffer...someday. 2. Will there be any additional "utility" lines running down Longmire Street? (water, sewer, power, gas, cable, phone, etc...) 3. Will buffers be mandatory for a development of this grand size? This is an immense change for our happy, peaceful street. According to the Nisqually Valley News, August 6, 1999 issue, the need for a 10 foot buffer zone and 6 foot- high solid fence was approved for manufactured home developments. Doesn't DeTray, the developer, deal in manufactured homes? 4. I consider myself a long-term resident of this area, yet when I moved into my home I was charged a hefty transportation improvement fee. I am sure that every family that moves into each unit in this new development will be charged a transportation improvement fee under the same guidelines. I would like to thank Cathie Carlson for her time and patience during my visit to Yelm City Hall. She answered our questions to the best of her knowledge, yet it is our understanding that anything could change at the drop of a hat. We are very concerned about how we will be represented then, and who will listen? We realize that the development will meet guidelines according to the law, but the law does not take in consideration what is fair for each specific situation, and it surely does not "feel from the heart". Please send us documentation of possible further developments of the Prairie View, Thurston Highlands Master Community. We would like to keep in touch. Thank you, /.J~. C S. Enlow Janet A. Enlow 15037 Longmire St. SE, Yelm, WA 98597 (360) 458-8169 Elene H Newby 15105 Longmire 8t 8E Yelm W A 98597 360-458-3888 August 6, 1999 CIty ofY elm POBox 479 Yelm W A 985g] ATTN RE. CathIe Carlson and City CouncIl Prame VIew, Thurston Highlands Master Planned Commumty, Southwest Yelm, W A 985g] I receIved my notificatIOn of changes and addItions to the "Thurston Highlands Master Planned Commumty" I did have dIfficulty onentIng the maps maIled out, but a tnp to City Hall solved my problem when It was explamed that the "Praine VIew" sectIon was not on the "Thurston Highlands Master Plan Conceptual I" map. I dId have several concerns and I have presented them orally and now ill wntmg to CathIe Carlson and the City Council. 1 WhICh approach were the utilItIes, sewer, power, water, and gas gomg to use to the development? The qualIfied reply' Berry Valley and Durant Roads. 2 WhICh roads WIll be widened and when? Reply' No estImate. 3 Is the maJonty of the road wIdemng, where poSSIble, commg out of the "Pralne VIew" property? Reply' No, state law says "from the center of the present road" (That statement should prevent future donatIOns of land to the CIty If you donated an acre and a road had to be put m, you would have to cough up another 27 feet for your half YIkes!) 4 Are buffers, fences, shrubs bemg planned to lessen traffic nOIse and people noise m general? (Of course tills may seem like a mmor concern when compared WIth Ft. LeWIS' all mght finng and the Ramtha get-togethers through the mght, but why add to the nOIse pollutIOn?) Reply- No buffers are planned. We dId not complamm years past of the dalry smells and sounds because the dalry was m existence when we moved m and they were "first" Now that the area is changmg and we are "first", I feel that my concerns should at least be conSIdered. CathIe was very considerate m lIstening to my concerns but mostly the replIes came WIth poSItIve qualIfiers, and so I was left WIth the feelIng that "well, that may change" It was a lIttle lIke trymg to hold smoke m your hands. May WIsdom and not avance be your gUIdelIne. Smcerely, dft,~ N y) onJ~ Elene H Newby -",,-~ ,.rcr ~ eX {ffl tV rl1 ~{f t /Yldl-G- _(jNc! I/J~ ~( _ ,1L.f ItJ/1/J (J/1 f/...e-- (/;1{!Ui/H ~(' v' -1 tJL-II.' '#J" ..1. k o.lJLUL-> I If' .L A 1f;L (;t , /!-;/~IJ/ diAL I CJ 13/JI/Cjflt- '/ 0 u / !.. /d. L)jzd~f ~ - f1(f1J f)7etTl/lf 0, / tJ, ( "I' uJ{iit~ {/JuJ ( f)'1 tJ(lL jpdft;?'//?f - /J1d(2L / . . tJ / ,-j; $I f r/iJ4(t / ~ tJ (;;tIl, ~!~ cJ ~,( & I J)jE.d-/t s-!rctfiY/.-f / ,/7 I; 'fdJ1.1&'L tJ( It. v {Il J,. .:L tJdr~ Il~lIo\ ,f-,J.l~-r r/.((J1, nc:lAjOdcfL " ' f (n flrLf' {~~ (.,/", / ' I, if ()lz:u.?_ &{If//'1' (y_ Aa/~j!IJI/J/tf/rL~-,//b' h:L It 1 d I ( /ltl;t:1-1 ()rflL- t:J11!~1f I f J ~f}dtfj1L f71/?J I~\.... ~ of--. KW 6 . / 0 -q 9 ~~~~/l~ ~// (jI.~~ , . ~ j2;;; . _---7CJ--::$ I f/('J3 - '13~ c::w~ - /~ tBoJ i'6rS'l1 ~0hI~ ((I(JS~ . .,rrJ A ,nil ,5 F /tfL/l/1 - 13'- v(JG Y11M uHf 9[511' August 9,1999 City ofYelm P 0 Box479 Yelm, WA 98597 A TfN Cathie Carlson RE. Praire View, Thurston HigWands Master Pla&d Community, Southwest Yelm, W A 98597 I received my notice of the above referenced project and had several questions and concerns as per our phone conversation this morning. 1. My biggest concern had to do with the widening and improvements to both Durant Road and Longmire Street My understanding, per our conversation, is that the Berry Valley boulevard road will need to be in place before any development can begin., thus, with the improved access, there will be no reason to widen Longmire St. My other concern in this area had to do with Durant Road and the acquisition of property to enable that road to become 56 feet wide to include planting strip, sidewalk etc. You mentioned this will be determined at a future step in this process and there will be opportunity to comment at that time. I feel that the necessary changes to that road are being driven by the needs of the Praire View project and therefore the land needed to make those changes should come exclusively from that project. 2 My other concern was regarding buffers required if this was to be a manufactured home community My understanding is that if this is going to be a mix of stick homes and, manufactured homes, no buffers will be required. I appreciate your willingness to answer my questions and will await each step in this process., as it plays out. Sincerely, /~~~~~;IL~---- Mary Lou Clemens October 6, 1999 RECPT'T"f.7' r - OCT 0 6 1999 BY..:==:::..-:::--::-:::::.._-=--. CathIe Carlson PlannIng Department Yelm CIty Hall Yelm, W A 98597 Dear Ms. Carlson Just yesterday I receIved a copy of the notIce of applIcatIon and MDNS for the Prame View, Thurston Highlands Project. It was eIther my neglect, or your process, that kept thIS out of my sight untIl now However, please put my name on your mall111g for hereafter I cannot even vaguely understand how a 1800 acre, 4800-5000 UnIt project could have a mItIgated detemunatlOn of nonslgnIficance status. I hope you understand that an envIronmental checkhst cannot do JustIce to a project of thIS scope Even when you consider the SEP A rules, thIS project should automatIcally tngger an EIS AdoptIon of the Southwest Yelm AnnexatIon EIS IS not enough I have lIved on 93rd Ave for nearly 4 years. Dunng that tIme I have observed seasonal wetlands, saturated sOIls, and floodlllg all along 93rd and Berry Valley Road. Even If the county wetland maps do not regard thIS area as wetland, the SIte needs to be ground truthed for wetland determlllatlon. 4800 UnIts on sewer/septIc WIll add a SIgnIficant amount of water to the already saturated SOlIs dunng a large part of the year In addItIOn, the Impact to the communIty would be enormous. I don't even want to beglll describlllg the potential Impacts to Yelm. Increaslllgly throughout the US, responsible offiCials are under attack from CItizen laWSUIts when their determlllatlOns assault the environment. SEP A reqUIrements are a mlllImum, thiS town deserves greater care It would be in the best lllterest of all the communIty, city council, and responsible offiCials, If at a mllllmum an EIS were reqUired. Please take care of your communIty Thank you for your conslderatlo;: LJ~ ~ (..)~ Wilham A. Hashim 13803 93rd Ave SE Yelm 98597 -. ,/ ; !\)(~ ~\~ j ~ 1 '()',~ R\J~ t Jr \ ~ ~J ~ '}/2 'I ~'\ ~ ~ U ~ 0\Ll^ ~~U ,. . ~ .J.~ \A~ ~ ~I '\ \Sv \,-{\l~\/ .\V~' i. ,,) f' \, (j' r.\ \ ~\ ()2l- f'Gi \)V V' f'\ ~~,,;/ &,v1 ~$ Date To Planning Commission From Cathie Carlson, City Planner Re LIST OF EXHIBITS. PUBLIC HEARING OBJECTIVE. BACKGROUND In 1994, the Yelm City Council approved the Southwest Yelm Conceptual Master Plan The approval provided the framework and conditions for Final Master Plan and project approval(s) An Environmental Impact Statement and Addendum to the Environmental Impact Statement were prepared as an element of the approval The Conceptual Master Plan was approved with a minimum density reqUirement of 3 5 units per net developable acre and a maximum of 4 44 units per net developable acre, with a limit of 5,000 dwelling units Two Golf Courses and Commercial Zoning were approved for a 30 acre tract in the middle of the site and a 5 acre tract in the southwest area which would be located near the Golf Course Club House Adequate provisions for open space, schools, streets, public utilities and critical areas were required Yelm Municipal Code, Chapter 17 62 060, Master plan approval requires that a complete master plan be submitted within three years of conceptual approval unless a~ extension has been granted pursuant to Section 17 62 070 The Conceptual Master Plan Approval expired on October 12, 1997 The City did not receive a request for appr~nSion PROPOSAL. The Master Plan area encompasses approximately 1800 acres and is located northwest of State Highway 507, southwest of State Highway 510 in the area of Killion Road, referred to as the SW Yelm Annexation Area The proposal does not contain any changes from the 1994 approved Conceptual Master Plan FINDINGS. 1 Proponent. 2 Location 3 Public Notice Notice of the Public Hearing was published In the Nisqually Valley News on October 8, 1999, and posted in public areas on October 7, 1999 The notice was mailed to adjacent property owners and the applicant on October 7,1999 4 Existinq Land Use 5 Adlacent Land Uses 6 Comprehensive Plan 7 Zoninq 8 Yelm Municipal Code. 9 Soils and Geoloqy 10 Ground Water 11 Transportation and Site Access. 12 Parkinq 13 Wastewater 14 Water Supply 15 Drainage/Storm water 16 Utilities 17 Hazardous Waste. 18 Fire Protection 19 Police Protection 20 Landscapinq. 21 Desiqn Guidelines 22 Environmental Review: II {-) ci! V }\ ~\ .~\\ \; ~J 'r~ ., N' ~w \J \rW JJ ~ ~O In February of 1993, the City of Yelm published an Environmental Impact Page 2 of 11 Statement for the annexation and development of the Southwest Yelm area That EIS considered the impacts associated with annexation as well as various conceptual development scenarios With this extensive environmental review in place, the City determined. that an addendum to the final Environmental Impact Statement would satisfy the need to review additional information ansLaanalysis for the original conceptual master plan review On July 11, 1994, thacity of Yelm issued an Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexation *' ADD INFO ON ENVIRONMENTAL REVIEW FOR COMP PLANK On _, the applicant submitted an environmental checklist with the application packet for the conceptual master plan approval for the Southwest Yelm area CONDITIONS OF APPROVAL 6 DensitieslDwelling Units (A) The total number of dwelling units allowed in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling units This overall maximum is further allocated to each ownership group within the Master Plan area according to the attached EXhibit(k ,h ~ ,L ? The minimum number of dwelling units in the Master Plan area shall be computed on the basis of 3 5 dwelling units per net developable acre Net developable acre is the land measurement remaining after subtracting required open space, environmentally sensitive ari:ias, parks, transportation and utility corridors, and any other unbuildable area The minimum density shall be applied and enforc. ed accordin~to the minimum dwelling units allowed by the attached EXhibit~,J2j v ) Accordingly, therefore, development in the Southwest Yelm Master Plan shall be between 3,946 dwelling units and 5,000 dwelling units (B) (C) (0) ~oning Standar~ - TJtacc~mplish a balanced community the purpose of the lc0nceptual and 'final mFlster ~Ian is to write the zoning ordinance for the SW Yelm Annexation area The Final Master Plan shall provide for a variety of housing types Housing types may include single family detached, single family attached, duplexes, zero lot line, manufactured homes, modular homes, and townhouses Allocation of housing types~all,.got eX9Yed 50% of anyone type -- within a phasing area as ide. ntifledjr:Lth~ trrlal r/l1l3ster pl~m o~a~ 'JIfi~bn ~ ~ ~cre or l8SS-develepfl~ ~~ At the time of Inal ster ~Ian application the applicant shall provide the city with development standards for approval In the event the approved development standards for the SW Yelm /l annexation area, do~ not address a develooment standard, Chapter 17 15, , Moderate-Density Residential District (R-6) shallgo~ern If, after the complete bUild-out in any particular area within the Master Plan area, (E) Page 3 of 11 the City determines that the net density in that particular area is below the maximum net density allowed for that area, any remaining unused oensity may be transferred in the form of dwelling units to another property owner within the Master Plan area, subject to approval by the City Nothing in this paragraph shall be deemed to allow development in excess of the overall maximum of 5,000 dwelling units in the Master Pian area \ 7. Transportation and Utilities (A) (The~ncePt4al Master Plan approvalrequlres the establishment of two Essential Utility and Transportation Corridors The pnmary essential corridor IS the main loop road that connects to State Highway 507, loops through the. . Thurston Highland Associates parcel, intersects the North~outh essential Cck.i~e... t/l~ 5~~" f" corridot, follows Berry Valley Road and~onnects to State Highway 510 at II,OYW-UUy ICl.x~ Killion Road. !he main loop ro.ad corridor will be cons~ructed as a "Boulevard" qs.~~ i1~( under the MInimum Street Design Standards adopted In the City's Development ()TTfTdorj Guidelines , ~I /rrrCOI'Y1"Vor 1, (B) The second essential corridor will serve as aFortht;outh connector I The purpose of the north/south corridor is to pr~ovlde for the connection of streets and adjacent services I. (:f;;.. . V, ~ . ~Sbcfaft> ~~ . \(CV Thurston Highland" GFet:tp, Dragt/D Tray~and the property owners of the , ~omme. rCI?~!y _Z9~.ed property along thy psi~ary ess~htlal ~orridor shall execute y teci~~~~~.!~_em~i9' !~clu~et~e rjght-of-wa~~edlcation.\deed for publi.c us.e .r- Tne ngnt.:"of-way dedication will give each property owner the n ht to dedicate \. \ - approval Dedication will octur at ti.m:. of final project develo. pment approval by : ~ ,_",~~p~ases . _.d~lS fu~f(~~p~lYlh^cf~' (D)) T~~.licant-Sl:1aU:;I'>r:0Vide-a'e.C:<2'.r:a,::,ofs~r.x~~~ls EX.l1ibit69>ri~.rJ.oJl:le-eitr C-: < G.~ring forJhe~~cePt"all'1hasterJll,t'L~pproval~ )F \'.lThe F~nal Master PIan-sh-all-identify-transportation-inf!9strl{ctore construc.tion with ph9sing Those phasing projects could include financilJg options -te includ~ uc.R ~s: a developer exte'lsion, Local Improvement District, Latecome~s Agreement or ~ combination thereof' ~. f).'1 ; I '1rJ}'- ~ - .J.F1 b- The North/South Corridor shall be placed in a right-of-way deed of sufficient VV'r.5 ~l ~~ ().lrR r width to meet City Development Standards at time of final Master Plan I~_~rl f~ U Approval \ This will ensure that structures are not constructed in the area that ~ - \ r! --- could potential serve as the future transportation corndor The Corridor-shall be 'dedicated to the City at such time It is constructed to City standards (G) The applicant shall obtain from Thurston County all necessary permits for crossing the Yelm/Tenino railway right-of-way now owned by Thurston County \ Page 4~of 11 _ \!tk J:L\tV1 ~ ) v{)J 6\u ~ ,0-- (H) The applicant shall secure a Highway Access Permit from the Washington State Department of Transportation (WSDOT) prior to final master plan approval (I) As of Conceptual Plan application date there are not sufficient water rights and sewer treatment capacities for development of the entire Southwest Yelm Master Plan area Th~ Master Plan area will be expected to provide water, sewer and sites for reuse of reclaimed water for all new development in the plan area (J) All costs of water, sewer and reclaimed water reuse areas and services, including line extensions and necessary capacity upgrades shall be borne by the applicant All such utilities shall be designed and constructed in accordance with the Development Guidelines adopted by the City of Yelm, the Department of Ecology, the Department of Health, the Fire District and any other agency with jurisdiction over such utilities (K) At Final Master Plan approval, the applicant shall provide a phasing plan for the construction of utility infrastructure that will id~ntify financing options and may include a developers agreement, latecomer'sll\lgreement, a Local Improvement District or some combination~oF (L) Thurston Highlands Associates and Dragt/DeTray L.L C shall, as a condition of Final Master Plan approval, enter into an agreement with the City to grant easements, a lease or a license to the City, or a combination thereof, to make use of its property for reuse of reclaimed water, in a manner consistent with the Water Reuse Facilities Plan adopted July 1995, necessary to serve the phases of the overall Master Plan 8. Commercial Development (A) Commercial development in the 30- acre commercial tract along the North/South Corridor of the Southwest Yelm Conceptual Master Pian area shall be limited to a total of 330,000 square feet of commercial floor space to be phased with development as follows 1 a The provisions of the zoning ordinance pertaining to land use of the Central Business Distnct and the Commercial Zone (C-1) shall govern the use of land in the Southwest Yelm Conceptual Master Plan commercial area 1 b Fifteen thousand (15,000) square feet of commercial floor space may be authorized initially upon final Master Plan approval 1 c The remaining 315,000 square feet of commercial floor space will be allowed after the construction of 1,250 dwelling units (25% of the total dwelling units allowed) and completion of the loop road in the entire Master Plan area Timing is designed to assure that the new Page 5 of 11 /l :(;l\ \\. to\ ~ \)f [(5'1'1'" Commercial Center has ade~~ transportation facilities and density to support a satellite commerce center and not significantly effect the City1; goat~ of consolidating commercial development in the urban core 1 d Commercial development in this area will be consistent with the Yelm Design Guidelines The commercial area shall be designated Village Retail, per the City Design Guidelines, with all streets adjacent to commercial development being classified as pedestrian oriented Commercial development in this area will be modeled on a neighborhood village concept. (B) Commercial development within the five (5) acre commercial designation near the clubhouse in the Thurston Highlands Associates ownership shall be developed according the City's Central Business District and Commercial Zone (C-1) Commercial development in this area will be consistent with the Yelm Design Guidelines The commercial area shall be designated Old Town, per the City Design Guidelines, with all streets adjacent to commercial development being classified as pedestrian oriented Commercial development in this area will be modeled on a neighborhood village concept. 4. Open Space and Parks Development within the Master Plan area shall comply with the City of Yelm Open Space Ordinance The Open Space Ordinance requires the dedication of five percent (5%) of gross area in single-family designations and ten percent (10%) of gross area in multi-family designations ~t~1J/ ~ \ \!\wtVJ :t1(i.l. S' A.1 Thurston Hi~~lands Associates shall dedicate a minimunGof 62 acres ~otv. ll~~ . open space!l:oncurrenrl~ith development according to the City's level Of?~~ service standa~ Thurston Highlan~d.e.di-Gatc the currently -'I' ~. ~ f. . 01 ~110Wllrcracres of park in two parcels: One park (community park) sha I . " ~~V~I~iV be suitable for active recreation, such a. s softball or soccer fields The, ~ st~aYfVY other park (neighborhood park) shall be suitable for more passive v recreation such as picnic areas, walking trails, etc The remaining 52 acres shall be dedicated consistent with B below pro/lWV Dragt/De Tray shall dedicate 11 acres of park/open spac~ concurrentL1 with development according to the City's level of service standards anti the Open Space Ordinance One park (community park) shall be suitable for active recreation, such as softball or soccer fields The other park (neighborhood park) shall be suitable for more passive recreation such as picnic areas, walking trails, etc (A) A.2 (B) Thurston Highlands Associates may propose a portion of the golf course to meet its remaining open space requirements To do so, the applicant must establish that maintaining it as a pnvate open space satisfies all of the criteria of Title 14, Chapter 14 12, Open Space and Parks, other than dedication, and that Page 6 of 11 it serves the purposes of the ordinance A private open space must be accessible to the general public Thurston Highlands may offer a portion of the j~olfcEOurse to meet its open space obligations provided one or more of the following alternatives I , 1 a Open the golf course to the general public, 1 b Create a system of trails throughout the golf course with an easement for public use, or ~ 1 1 c. Dedicate additional acres of park (52 acres) to equal the minimu~acres ~\J.icj;~l~ ./ required by the City's Op~n Space Ordinance as identified in the l1nal t ~ ~aster ~Ian . ~, 01/ -1 5. SCh~OIS ~1/(6 ' The Final Master Plan shall show an agreement with the Yelm School District for provisions for adequate school facilities consistent with state nexus requirements and state funding programs for K-12 education 6. Environmental Review (A) The mitigating measures identified in the Final Environmental Impact Statement and Addendum to the Final Environmental Impact Statement shall be satisfied in the development of the Southwest Yelm Conceptual Master Plan Those mitigating measures are adopted herein by this reference and made a part hereof (B) The City will require additional detailed studies at the time of application for Final Master Plan approval Those studies shall be supplements to the Final Environmental Impact Statement and shall identify specific phasing impacts and mitigation 7. Procedural Issues (A) Final Master Plan Approval shall be processed in accordance with Yelm Municipal Code, Title 17, Chapter 1762, Master Plan Development. (B) Each of the major planning areas (Thurston Highlands Associates C. Dragt/DeTray, and other parcels) may proceed independently with final Master Plan approval, provided th1t the overall requirements of this Conceptual Master Plan approval are satisfie@1 (C) Each of the major planning areas (Thurston Highlands Associates, Dragt/DeTray, and other parcels) may proceed independently with modification requests with respect to an individual planning area independent of the other planning areas so long as the changes are consistent With the overall City Page 7 of 11 Comprehensive Plan (D) Property owners within the Master Plan Area who own 20 acres or less shall be allowed to plat said property without Final Master Plan approval All platting shall be consistent with City Development Guidelines and the conditions of the Conceptual Master Plan Page 8 of 11 Exhibit A SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Thurston Highlands Associates Ownership Total Area Wetlands Golf Course Parks Schools Water Tanks Main Loop Road Reuse infiltration areas Net Developable Acres Required Open Space 1,240 Acres 62 Acres 370 Acres 1 0 Acres 23 Acres 2 Acres 30 Acres 30 Acres 713 Acres 62 Acres Minimum Density. Minimum Dwelling Units Maximum Density. Maximum Dwelling Units 3 5 units/Net Developable Acre 1 2,500 Dwelling Units 1 4 44 Units/Net Developable Acre 1 3,166 Dwelling Units 1 Population Estimate Minimum - 6,250 Maximum - 7,923 On-Site Improvements will be identified in Phasing Plans for Final Master Plan J IIJt11II(\ ~k:.-) 1 10% deviation from the stataldensity is considered ~trT an aC,ceptable range Page 9 of 11 Exhibit B SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of DragtlDeTray L.L.C Ownership Total Area Wetlands Parks Main Loop Road Reuse infiltration areas Net Developable Acres Required Open Space 220 Acres 23 Acres 1 0 Acres 13 Acres 30 Acres 174 Acres 11 Acres Minimum Density. Minimum Dwelling Units Maximum Density. Maximum Dwelling Units 3 5 units/Net Developable Acre 1 609 Dwelling Units 1 4 44 Units/Net Developable Acre 1 773 Dwelling Units 1 Population Estimate Minimum - 1,522 Maximum -1,933 On-Site Improvements will be identified in Phasing Plans for Final Master Plan 1 10% deviation from the statJdensity is considered within an acceptable range Page 10 of 11 Exhibit C SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Other Parcels Ownership Total Area Wetlands Parks Golf Course Net Developable Acres Required Open Space Minimum Density. Minimum Dwelling Units Maximum Density. Maximum Dwelling Units Population Estimate 213 Acres 29 Acres 16 Acres 86 Acres 98 Acres 5 Acres 3 5 units/Net Developable Acre 1 343 Dwelling Units 1 4 44 Units/Net Developable Acre 1 435 Dwelling Units 1 Minimum - 857 Maximum - 1,087 On-Site Improvements will be identified in Phasing Plans for Final Master Plan 1 10% deviation from the statJdensity is considered within an acceptable range ~;( hl/I)/} [) - lLoVJd.ucI Page 11 of 11 ~' f," r0 ~~7 Orlv-i "Jh17 h6 ,(~ rSto I ~ Iii! 'tcrOi nn.wr'J)/ L vr1;tG, (o( I' lOi?o(~ 5 ct /ttJLL f IJ ,IJ~lth~/v1 t~ (6(1r;v!~ ~, A iv en, f' I ~J);/t~ ~~)/U.lJ rJ(0v-,~L)()---f;ll/b /6lAJ'#. u--I),-<, r" ~ (0 'b {J cti?'D r ' . 1 {jJf ! ./ Karen Rentz (J{ j);J,p)J/1j fj/t/'it"'J _ I\.~ Fro CathIe Carlson ~ --(7) J/Je/I I Date: September 16, 1999 ~!/tF U l/, ..... ~ l Subject: Thurston HIghlands Conceptual Master Plan Approval L j " 4-4-&L iIV' ci1vC -11. /.J ~ Via Fax: 943-6150 (j.i;jlre: All _1A 'fit... ~ ~~~w~? "-.\"-~ )~ The majorIty of Monday's meetIng wIth Sandy WIll be Issues concermrlg the above referenced y2.tJJ: ~' 'Y project. Attached IS the draft staff report - m particular the CondItIOns of Approval begInnm on ~tJL .:S;;:(" page 2 Most ofthese are the ongInal condItIOns, but we have either revIsed them slIghtly d/or Of wW1. \, ~ ~ ! have questIOns about them. Under ea, ch condItIOn that we have questIOns (begmnll,lg page 3), I .C~' N 0J II have typed Sandy's name and lIsted the questIOns It would be very helpful If " y C,OUld review U " these pnor to our Monday meetIng. If you have any questions please c ct me at 458-8408 c-O c ~~i , --'1, Ii vL"7 ~ "'!!J N " I II/} 0 I \rj . I . ( l(~l> / .. j_ lllfL & tL41)dJ--U <:;" L~,Dt!1 it. , d. .. f/ f~ · J ~I Cl!: 2-o-t.v4'1 or A vi ~~,'~ ~~~ #L~ "9 1M< z~ (~~ ~4nlh~tvh~fJi.-L.JL ~, ,~~ If /" dd~ hi, a ~(jA1 ~ fc y./ (!e;t7u;{u I tV /I, v,1)'t75. ~af; ~ ~" (jli)XMjJ, , zf ' fl" .y:' , j J "\\~~1 U V I f {, ,. -, I/(cke " DOl JtUv= pv~~f( ~ /0~z>'i ~J--82) I-t'J ~r6A'l'o~ ~ I . ~,t)L 1;fbD fI/I{p7/fd PIIA^" &tgofu ~ , ~ /" L f) I/.~ /.:J.;,Jr--- Jd~ 1 ' J~ IljV? ~Iul},\ (/1~T:.R.- ~'f-f'J! pfJ&/~. y ~Pfi)tJ/;~,,;:t. 10 cl ,~4-: lri~'f- (!tkh1? f;twv( 1/) I vt~ -Ih' r ~/)/cYfA^- ---------- , ,L:7 '~J< - \3f\ ~V'f\ \,} J \J ~~ W ~ "~, ~ ", r ~ _ r!j -~ ' r ~ '~, ' .x: nJ 'xl \rf J 'J!IJ ~ · \'k ~ rr lo.i 'q' \y \ \' \j ,'- Date To Planning Commission From Cathie Carlson, City Planner Re LIST OF EXHIBITS. PUBLIC HEARING OBJECTIVE. BACKGROUND PROPOSAL. FINDINGS. 1 Proponent. 2 Location 3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News on September 3, 1999, and posted in public areas on September 7, 1999 The notice was mailed to adjacent property owners and the applicant on September 7, 1999 4 Existinq Land Use 5 Adiacent Land Uses 6 Comprehensive Plan 7 Zoning 8 Yelm Municipal Code. 9 Soils and Geology 10 Ground Water 11 Transportation and Site Access. 12 Parking 13 Wastewater 14 Water Supply 15 DrainaQe/Storm water 16 Utilities 17 Hazardous Waste. 18 Fire Protection 19 Police Protection 20 LandscapinQ. 21 DesiQn Guidelines 22 Environmental Review: In February of 1993, the City of Yelm published an Environmental Impact Statement for the annexation and development of the Southwest Yelm area That EIS considered the impacts associated with annexation as well as various conceptual development scenanos With this extensive environmental review in place, the City determined that an addendum to the final Environmental Impact Statement would satisfy the need to review additional information and analysis for the original conceptual master plan review On July 11, 1994, the city of Yelm issued an Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexation ADD INFO ON ENVIRONMENTAL REVIEW FOR COMP PLAN On _, the applicant submitted an environmental checklist with the application packet for the conceptual master plan approval for the Southwest Yelm area CONDITIONS OF APPROVAL 6. Densities/Dwelling Units (A) The total number of dwelling units allowed in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling units This overall maximum is further allocated to each ownership group within the Master Plan area according to the attached Exhibits _,_,_ Page 2 of 10 (B) The minimum number of dwelling units In the Master Plan area shall be computed on the basis of 3 5 dwelling units per net developable acre Net developable acre is the land measurement remaining after subtracting required open space, environmentally sensitive areas, parks, transportation and utility corridors, and any other unbuildable area The minimum density shall be applied and enforced according to the min8mum dwelling units allowed by the attached Exhibits _,_,_ (C) Accordingly, therefore, development in the Southwest Yelm Master Plan shall be between 3,946 dwelling units and 5,000 dwelling units (D) If, after the complete build-out in any particular area within the Master Plan area, the City determines that the net density in that particular area is below the maximum net density allowed for that area, any remaining unused density may be transferred in the form of dwelling units to another property owner within the Master Plan area, subject to approval by the City Nothing in this paragraph shall be deemed to allow development in excess of the overall maximum of 5,000 dwelling units in the Master Plan area 7. Transportation and Utilities .,)~ The conceptual Master Plan approval requires the establishment of two fi()D ObJ?' Essential Utility and Transportation Corridors.(The Y-1 Corridor will serve the /' ,to Jo J park site and school site on the northernboundar~ aQ& the commercial- property uY ' b / /' /1 throughout the remainder of the Corridor) The ~Ad ~~sential corridor is the (\ \ if.) a" ,// / main loop road that connects to State Highway 507, loops through the Thurston I k!j.)" !\iJ // ~ ,,/... Highland Associates parcel, intersects the Y-1 Corridor, follows Berry Valley lj\.inp\\rlJ~ ,/ . lI~oad and Connects to State Highway 510 at Killion Road The main loop road ~\J II ~~t , , ,yJv"(;; V~ corridor will be cons~ructed ~s a "Boulevard" und~r t~e Minimum Street Design .. ,i\\.~ \ ~A , J. ~ .~ F ~ryu)? . Standards adopted In the City's Development GUidelines 0)1.\ llt ,rf . ,\\~ fv1J 1 \ \I k'\"l . F: I t;~, f cr~ A //tf ~1-1J/(8)y{'f All property o~ners whose property will be ?urdened b~ th~ Corridors will J(YU~~ M~. \'. ,&LY"'" , ,.7"\ - execute a .JsGI13f-eeal-easemenHor the Corndors that Will give each property rfY tV ~ L--~ . L; ownertne right to use the corridor on every other property The easement will ,Jx\ ~1 " :V1 ~' \'~ . - /. V be executed prior to City Council review and approval of the Conceptual Master l-h': ~ ~,~ jiLV ..y<<V Plan The easement will give each property owner the right to dedicate the ~J Q,~ (),'( ~ entire stretch of the Corridor to the city in conjunction with final Master Plan j;() v O~v~ apprdval Dedication will be required as a condition of final Master Plan \f\LJ~J-. L/ ~. approval For purposed of the reciprocal easement, the Corridors will be IJ described generally as shown on the conceptual Zoning Plan For purposed of Ii final Master Plan approval, the Corridors will be fixed by the mechanism u:Y described in the reciprocal agreement. . t.O ,.il! ./ fvJe.,~~,A.l()v" J{3;)~1.' \\"u,'v~ rO SANDY / v.i- 1~ ~cN~ \0 u~o\ 6J ~"!VIJ 1 We need an explanation of what a reciprocal easement is trY 2 Is the reciprocal easement a single document signed by all property owners within the (A) ( . Page 3 of 10~~ f- Sa ~~ (I p-lLpt'-Z..- /vL-';' (' <5ev-f... : tv/( !/iJtlJJ0l (Uti) h~~"1'A- {rill"/" ~ tttFA /llcl . tJ-<JLri,dru f If ct{i!c~ . . / .Jr - c J..I~ U.X (( I JoY)!/! I j J;1yY , (J p;1 J O'\\w)/ JJJ~v . ," l~, l/~ . ~. I'J b . ~e/1~,J l O~l~ j Master Plan area or all property owners whose proQert~ IS adJ ent to the new cOrridor? J?{ (;v 0 (6J./' 3 The previous approval required~ncomitant agreement. ){Vhat is that and do we still PV.~~ ,,01 need one? ~-, - -~ oV (tPVI.) 4 Whose responsibility is it to obtain the signatures and/or individual reciprocal agreements? Z,/ KJ 5 Would the dedication occur at time of final master plan approval or at time of improvement () ~ ( \ construction? · tV 1 j. . 6 What mechanism(s) are used to fix the corridor? Vi' \1 I/.; to . U 1~ 'iv0 }- The City is considering the options available for financing the construction of the Essential Utility and Transportation Corridors The projects will each be constructed as complete water, sewer and street projects Those options include a latecomer agreement, a Local Improvement District or a combination of both In order to keep all options available, approval of the conceptual Master Plan is conditioned upon two requirements First, the City and the major property owners in the Master Plan Area, Thurston Highlands Associates and Dragt/Detray, must enter into an agreement to waive any and all protests to any future latecomer ordinance/agreement and Local Improvement District. Second, Dragt/Detray must initiate and circulate an LID petition for financing the construction of the main loop road corridor within 60 days of Conceptual Master Plan approval by the City Council If for any reason the L.I D fails or is determined by the city to be impractical, the Corridors shall be constructed on the basis of a latecomer agreement/ordinance If the Corridors are constructed pursuant to a latecomer agreement, the city intends that the main loop road corridor will be constructed and financed in phases concurrent with development. Any such phasing will, however, provide that any portion on the main loop road that IS not fully constructed to City development standards will, until such time a as it is so constructed, be constructed to sub-grade elevation with a maintenance coarse surface for the entire remaining length of the right- Of-~-r :/J11~ I(/~ ~ -&(, I!tt~ J1u,tt() '-liJ ! ~ f0 (!/Jf(; C{r/Y5 SANDY I))! ,o!i(Jo-t., J' !J MY.] (fffi..~oC (Ii Jcu:.(--C Va; &-~~~ 1 Is it necessary for an LID petition to be circulated within 60 days of the Conceptual ~~) approval? Would it make more sense to begin the LID process at time of final master plan. IY,. / ofJ approval or even as late as approval of a development project (preliminary plat)? '-(Uf ~;" . 2 Why do we need sub-grad elevation for the undeveloped portions of the main loop road as III 14, long as their described in the reciprocal agreement? 1(7 lIJLj 3 Why would we want any area to be dedicated to the City prior to full improvements? J ,. , JA lJ Wouldn't be better to leave it in an easement as described In the reciprocal agreement? 1'~l~ Y t'--L>' .VtuJ.-.- ~thJ 611 f}oT The ~orridor shall be placed in a transportation easement of sufficient width f!..tJdA.(/k-tt to meet City Development Standards This will ensure that structures are not constructed in the area that could potential serve as the future transportation corridor The Corridor shall be dedicated to the City at such time it is constructed to City standards (D) ~ANDY Page 4 of 10 SANDY 1 Do we want them to secure the property prior to final master plan approval an~eQI ,pJd [;:,vL' dedicate at time of improvements? NO tW ~) ~(II~ [f~ (/tJ,' ~' r\._/ {luu {)vr; - 2 Shouldn't this include access to 93rd also? As of Conceptual Plan approval date I there are not sufficient water rights and sewer treatment capacities for)l:11'(development of the entire, . .,p,-:. ,/ Southwest Yelm Master Plan area ~,':1~'\I~F=-A!vK:k?)ft{{//'-' ~ 1',:).1 cLt ()P1'<A' . /7 '/ld;:; .uC,A'\) /, 1/(. ,../ &.11"- 1'.1 V'-" .~ l All development within the Master Plan area will be ~ by the City of Yelm's (,lJ~o1~ sewer and water systems based on a phasing plan identified in the Final Master /;V~..Y.M () Plan appl~cat~on for each project within the Mast~~ Pla~ area At Final Master tJ1':~, ivfl\ Plan application, water and sewer system capacities will be analyzed by the tv 7r of) developer and a recommendation for phasing based on available capacities will O{ r- be made for City review and approval fvt},ty'{/ M i..Af? 4- ;\'0 \ / All costs.of water, se~er and reclaimed water~ervice~ includ!ng line extensions n~).J1f and necessary capacity upgrades shall be borne by the applicant. All such Q'Y~ utilities shall be designed and constructed in accordance with the Development V"11' A / Guidelines adopted by the City of Yelm, the Department of Ecology, the i}) f)/'J/-- Department .~f. Health, the Fire Dist,ri~t a~, ~~,~ ot~;! a~nc,y w,ith jurisdiction CL over such utilities \LV'1A~\1)h{tof\Ir.(~\. ~{\ tf ffldP1 I ^e.)~ ~ 'vJ"~ r cv"10 V\V ~- l At Final Master Plan approval, the City will oonsidElr financing options for the construction of necessary utility infrastructure to include~ latecomer agreement, . .,1. a Local Improvement District or .a-combination...of-botIT {{W 'ttOllJb( Q..klc1ul (/,-""Vrll-- ~. I " Thurston Highlands Associates and Dragt/DeTray L.L C shall, as a condition of .. J.v,.ct' Final Master Plan approval, enter into an agreement with the City to grant ,. (1,f11,0i'>}~ easements, a lease or a license to the City, or a combination thereof, to ma~ ~;.J- use of its property for reuse of reclaimed water, in a manner r.ecemmcnded-by , . 1-; /)//) tI:le-Water-Rettse-Fa"C"nitles plan g-duptecHtHy-t995 (lU('J~(J:1 'f ~,trd/UiJ fri~' ') ill "J U? /!.J.J In;/cKJrJ-d t fJv'J- ~ommercial Development v D (./ IUI' -../ v: / I .~t!:/ VJ11 Commercial development in the 30- acre commercial tract along the 11 ,-, D Corndor of the Southwest Yelm Conceptual Master Plan area shall ~~t d to (F) (G) (H) (I) 8. (A) Page 5 of 10 1 a The provisions of the zoning ordinance pertaining to land use of the Central Business District and the Commercial Zone (C-1) shall govern the use of land in the Southwest Yelm Conceptual Master Plan commercial area w'1 Fifteen thousand (15,000) square feet of commercial floor space ~H1"'be allowed initially upon final Master Plan approval . . 1 b .. ,; u/J (f) j j\.: , ()~ '--" A,^".; ~ /1 c The remaining 315,000 square feet of commercial floor space will be /1 V'tv k) ~_. allowed after the construction of 1,250 dwelling units (25% of the .toJal . , 2 Ji, .or ' 'IV\ - dwelling units allowed) in the entire Master Plan area -1 (!u/IIL/~,(~ p..- t!/. .) IOlLZ , . 7f1d ' fI ,~ ' ,'<:d. 1M, 0J~'I",~: nl ( 1 d Commercial development in this area will be consistent with the Yelm IY r . f'\.,vJ fA O",~f.; ~l Design Guidelines The commercial area shall be designated Village . , u, {v '~. , I Retail with all streets adjacent to commercial development being ~o--0 ;~ ljcJ- classified as pedestrian onented Commercial development in this area J; ~i.P I . . . \ ~LJ will be modeled on a neighborhood village concept. ~ n I },/ e...~li~~L Commercial development within the five (5) acre commercial designation near ~ t(l \ Lr~ i)lhe clubhouse In the Thurston Highlands Associates ownership shall be ~'~ I ( ~ ~6 .q/~eveloped according the City's Central BUSiness District and Commercial Zone .w o.tuX.I\A lC-1) Commercial development in this area will be consistent with the Yelm ~e~.' " /\)h~' Desi.gn Guidelines The commercial area shall be designated Old TowrYWTth all ~ l.'{'. if 1- , st.r~~.Dd!PFent to commercial development being classified as pedestrian , ' --r- {t~. r" /'0')~l{rlted Fe'ommercial development in this area will be modeled on a , ~'r'. ~ D -' neighborhood village concept V\ O./U) ; ,U () (00 f~~,J( Open Space and Parks A ffIJU. (~ f(A!)'1 Development within the Master Plan area shall comply with the City of Yelm V.) t)vv V Open Space Ordinance The Open Space Ordinance requires the dedication of !,\~ lY . ~lY five percent (5%) of gross area in single-family designations and ten percent (Iv Q) (10%) of gross area in multi-family designations .\ tAV .ryi J \ 0(" ~}\' . ~ It IThurston Highlands ASSOCiates shall dedicate a total of 62 acres of open space . ,orJ'-o...u:.-LconcurrentlWith development. according to the City's level of ~ice ~ndard~ ~ , f I Thurston Highlands shall dedicate the currfh~ showrx:TO acres of park in twQ..5 , \ I acre parcels concurrent with developmentPacco;-ding to the City's level of service . \ . ,standards The remaining 52 acres shall be dedicated consistent with D below \~ '~ .~ Dragt/Detray shall dedicate 11 acres f park/open space concurrent with / 1~'~ development according to the City's level' Ice standards and the Open .fl...-J Space Ordinance ~ ~ J~ U (f'/' I~ ~/ I) tPlJl ( , r . d 1- G .10' y (0 Jludli JiL \Ofa~~~. of 1 0 ~tJz,.1!, u1/) r II/lv(f"i ~htJL/ <tP:1L{ /; ~ . " . 4 -H .1_ j:/' --;: (j; Nuf1a~/:;;; .ei;7 ~ (~ ~;~(t~ ~.0lY~ of In order to qualify the private JOlf course in the Thurston Highlands Associates . , ownership as open space~:~pplicant must establish that maintaining it as a '1'--: jf~ 7 private open space satisfies all of the criteria of the Open Space Ordinance,- (/ l-- .,. other than dedication, and that it serves the purposes of the ordinance A private open space must be accessible to the general public Thurston . Highlands sRalt-seJ.ect.on,e:pr ryore of th~ fOIlOWt. g re,quired.alter:nat.(ves,. r, -Iv . ffLO-."-Z cPf!lc4 ~ fJ ~l1:>/b~ c; f~ &:pvll C.eJU4 ~,.. 9 7' ; 1 a Open the golf course to the general pub ic €1'I0;;r;n-embefsl:1ip_d:ues), /Vl,,~ ~rt'" '..'~ SANDY 05. et(/" ' v Can w~, be this specific stating no membership dues? .l" 'J;; '1)0 ~-o ~~ U) v t'v~ Jf/tto 1 ~ q +0 ,- ." ~ 1 b Create a system of trails throughout the golf course aRCtooaieate sili:Ji ~-t; . f'll ".!2~. traits-tcJthe-Git.y~for public use, or ~ PU,1J(t3,..... , -0 .,,) L:J '\ (M./t; I {(.~ ~ . ,~"Y . ~ 1 c Dedi~ate addition~1 acres of park (52 acres) to egual the minimum aq~r, .~ 'J ," ...~ ~ reqUired by the City Opens Space Ordinance '1/+1z../ tiO 1 tLvy..;f; to:- /I-'!, , ~ '~~' / \. . 'Q...L/ .JfJltt..k...--/ "," 'f-..' \. (E) . The applicant shall obtain from Thurston County all necessary permits.for ~ ,r4' crossing t~ L(.tlr,;(lllk-1lto Ktu (to({l6L r-O-'GU !}N;) f,{tJ/ fl{~ Schools {)()J/lvC \..pl -fh.ujr<'D4z/)- Cc,lccf-V1./1 The school sites reserved rs ant to this Conceptual Master Plan are not intended to serve as full omplia e with any requirement that the City or the developer make adeq te provisio s for schools (i e , impact fees, voluntary agreements, dedicat" ns, etc) The servations are intended to be minimum provisions th~~f?zthe starting place r ensuring that the impacts of any development /,e Master Plan area are dequately mitigated Environmental Review fX2- ~ 5. ~ Y (A) .\t :f) ~~\r' Iy 'ii:~ ~~" (8) ~~D ~~ 1 ~~Yil (C) ~J'~Y ~ ~ /\t} 'li~ \J \ t6 'lJ . ~ ~v ~1 . (D) \ ~ 1Y ~~) 6. '" Th Conceptual Master Plan map and Conceptual Zoning Plan sho~show the res ation of a total of three school sites for future dedication or purchase The plicant has shown one fifteen (15) acre school site and e eight (8) acre school ite, both on Thurston Highlands Associates propert . The maps should \/ show a ird school site of a least eigh((8)/acres on the agtiDetray property {') (\ ,~ ~f\ (~ The siting 0 all school sites within the Southwest Y m Master Plan area shall ~ \ fully comply lh the standards imposed by the S I erintendent of Public " '\ \\\ \ ~ ~ Instruction for t e siting of school sites >.1 :y f- In the event that a of the school sites ry erved pursuant to this Conceptual ~~~) Master Plan are dete ined by the Sc 0'01 District or the City of Yelm to be ~f/ unacceptable for the d ~elopment of school site, the School District may elect ~ to waive the reservation d acce a voluntary agreement in lieu of such l-- ' school site under the term of W 82 02 020 (jlrLi";>'! </6",./ [;J! ;;//I-:L /lApdO /u() [u/V.f/,,-<A, r Page 7 of 10 ':J-h Jz.wt;'J Ilt1(f""-- II A- (2 0,&,0'- /' (A) The mitigating measures identified In the Final Environmental Impact Statement and Addendum to the Final Environmental Impact Statement shall be satisfied in the development of the Southwest Yelm Conceptual Master Plan Those mitigating measures are adopted herein by this reference and made a part hereof (B) The City will require additional detailed studies at the time of application for Final Master Plan approval Those studies shall be supplements to the Final Environmental Impact Statement and shall identify specific phasing impacts and mitigation 7. RI:oGcdurallssues VI ft0/~ \ ~~ Aj/(~. u ,D . An/v i\" Jr() I. fJi v '\ v(B) ~ \~\ wi) ~~ ~(C) ~ This Conceptual Master Plan approval does not include or imply approval of specific development proposals such as subdivisions, plats, site plans, or planned residential developments Such specific development proposals shall be subject to the laws and regulations otherwise applicable, with the additional requirement that they also satisfy all conditions of this Conceptual Master Plan that apply The Southwest Yelrrtrrraster Plan shall be reviewed by the Planning commission ./ every five years after the e dive date of the City CouncIl's action on the final Master Plan The purpo of t review is to determine whether substantial completion of develop ent is proce ing according to the Phasing Plan and whether such dev~t6pment is satisfying conditions of Master Plan approval If development is not proceeding as planne the conditions are not being met, the Pla!J.rii'ng commission may either exten e review period or terminate the Maste11an approval according to the terms of e master Plan Review Ordinanc~ Any major modification to the Master Plan will reqUire Planning Commission approval in accordance with the Master Plan Review Ordinance Each of the major planning areas (Thurston Highlands Associates, Dragt/Detray, and other parcels) may proceed independently with final Master Plan approval, provided that the overall re~uirements of this Conceptual Masterl Plan approval are satisfies A-~ b.eJI (pJ cJ; b ~ ~ n L>,t' flffJ. SANDY 1 I believe these original conditions where needed because we did not have a Master Plan Development Ordinance at the time of approval Since we now have a chapter in the zoning code, do we need these procedural conditions? 'y-/ V.Jft. ~- ~ U . f) 0 . J, l) iIJ(} -h /);, , ~I · t~LOd-U'l:\:tv 0 lJ U tlklG U:~OI t~1( I V (d-{) f PI l/ /tvv- ' '. jJ~ ,i ,f} Exhibit . I ~ ctziro....- rtc<.-~ - ~ (n tV1 6 J.-, . j)1 . ~. . ~ ! ' t~ fi,a..p--./ i,O r (iUJ pu.J- 1TJ ,v"'--. tfI 1) v/,~ < f ,f/ ,J Page 8 of 10 \ I AP-f',r ~~t-~ 1;> r.fji(Jl<1 fJ-o flu!' --Iv tJ(1..if tfAJ I J,; LU1,ftzv1cr /' SOUTHWEST YELM CONCEPTUAL MASTER PLAN , " \ Summary of Thurston Highlands Associates Ownership \ \ ~I ~ Minimum - 6,250 Maxim~m - 7,923 J-..,j,nr, L l/1,L/ ~-- (h ' J Mv:1 J lIt. On-Site Improvements --- ,0 R.;iG~ ,- --- ().) l t .' '-;;, f [it, f. /j)J A. Road . I)ha-oflt']' r/GvirO oJ rf 11.1 iLl Main Loop Road r, (t 4/~ a Construct paved roadway to grade according to City of Yelm P ~ Street ecifications to the clubhouse in Phase I concurrent with developm nt of Ph as I Construct p ved roa way according to City of Yelm Street Specification for e ch phase adjacent to the roadway concurrent with such phas Construct unpav ro~dway to sub-grade elevation with a maintenance co r surface, according to City of Yelm Street Specifications f r remainder of roadway not serving development Total Area Wetlands Golf Course 1 Parks Schools Water Tanks Main Loop Road Reuse infiltration areas2 Net Developable Acres Required Open Space 3 Minimum Density. Minimum Dwelling Units Maximum Density. Maximum Dwelling Units Population Estimate b c SANDY 1,240 Acres 62 Acres 370 Acres 1 0 Acres 23 Acres 2 Acres 30 Acres 30 Acres 713 Acres 62 Acres ul / , *1 1 ,~~(J O if, ~_. .~ I /) ~ , ~ 3 5 units/Net Developable Acre 2,500 Dwelling Units 4 44 Units/Net Developable Acre' 3,166 Dwelling Units Why do we want them to build a sub-grade roadway? 2 Y -1 Corridor a Place corridor in a transportation easement ninety-four (94) feet in width I A'. " b Construct major artenal roadway according to City of Yelm n i. V \ specifications concurrent with adjacent development. The entire if" ,0 h K D roadway shall be constructed concurrent with development on the ~p, C tr D J; \' ,proP~~d school site, unless already constructed /~, ' Lb 0\ 0 h tyn ~). c\ '~c ~'1J/.~f r ~ .t \i. ( ~ Page 9 o~_10 r . ~ t~ propL-!fU') jll^, ,r!-,,/'~~~ rv~J!dl,I,~; ~ l!e;;;P1?:et!~ 2/) tp. Il (~t/) ()) U1d" J l!.-tlt' ~ -J/v '-' . . I) ..,{ .. ~jj tcl{UCU-.V'l-V~ / SANDY What about the/area between Thurston Highlands and 93rd? B Sewer and Water /1 Install sewer cO~fction and water main lines along entire route of Main I Loop Road on:s.lte when easement IS dedicated and sewer and water I capacity ~r' av~i1able ~ SANDY \ / I ,/,/ \ Shouldn't co~S\~~ctio~ .5>-hJ~;ities be Ibons.tru~ted. co~S;ur{~t with phase I? . D\ w~ w~~t to limit the construction requirement by ass:oclatlng It wlt!;vsewer and water capacity/availability? !" \ ! // \ 2 Thurston Highlands h\ssociates (THA) has assigned water rights application THA~a;,d ItS successors and assigns, shall\bear all the cost of testing, drilling, monitoring, processing the application and any other cost of successfully obtaining water rights on the basis of the existing application rvJv . ~/1vr 1 sJ Conclusio,(4 F in text regardin chOices on o~s edlcation 2 Dedicated tolh City concurrent wit development as shown in inal Master Plan approval \ / /' . _v 3 CalceesJ purs ant t9.0P;;:t~ 0 ~;0 (t{ P- ~t:e I1JJ 'I Iv--- cYJ~ - Li-z. rJJlJ~ IJo-hrM' ,~~ I Oft, ~ U)t11v^-. ./_ () f/\1~/tJlo O~ ~;; h CVtAVp4J~ /" ~ OJ /~ ! Page 10 of 10 MEMc9'RANVUM fb( /11011 d {LU] 's mut?f)1 wl!M~ ~ ~ (\00 To: From: Date: Subject: Via Fax: Karen Rentz CathIe Carlson September 16, 1999 Thurston Highlands Conceptual Master Plan Approval 943-6150 The maJonty of Monday's meetIng wIth Sandy WIll be Issues concernIng the above referenced project. Attached IS the draft staff report - In partIcular the CondItIOns of Approval begInnIng on page 2 Most of these are the ongInal condItIons, but we have eIther reVIsed them slIghtly and/or have questIOns about them. Under each condItIOn that we have questIOn~ (begInnIng on page 3), I have typed Sandy's name and lIsted the questIons. It would be very helpful If Sandy could reVIew these pnor to our Monday meetIng. If you have any questIOns please contact me at 458-8408 '"' Date To Planning Commission From Cathie Carlson, City Planner Re LIST OF EXHIBITS: PUBLIC HEARING OBJECTIVE. BACKGROUND PROPOSAL: FINDINGS. 1 Proponent. 2 Location 3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News on September 3, 1999, and posted in public areas on September 7, 1999 The notice was mailed to adjacent property owners and the applicant on September 7, 1999 4 ExistinQ Land Use 5 Adiacent Land Uses 6 Comprehensive Plan 7 ZoninQ 8 Yelm Municipal Code. 9 Soils and GeoloQv 10 Ground Water 11 Transportation and Site Access. .... 12 Parkino 13 Wastewater 14 Water Supply 15 Drainaoe/Storm water 16 Utilities 17 Hazardous Waste. 18 Fire Protection 19 Police Protection 20 Landscaping. 21 Desion Guidelines 22. Environmental Review: In February of 1993, the City of Yelm published an Environmental Impact Statement for the annexation and development of the Southwest Yelm area That EIS considered the impacts associated with annexation as well as various conceptual development scenarios With this extensive environmental review in place, the City determined that an addendum to the final Environmental Impact Statement would satisfy the need to review additional information and analysis for the original conceptual master plan review On July 11, 1994, the city of Yelm issued an Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexation ADD INFO ON ENVIRONMENTAL REVIEW FOR COMP PLAN On _' the applicant submitted an environmental checklist with the application packet for the conceptual master plan approval for the Southwest Yelm area CONDITIONS OF APPROVAL 6 DensitieslDwelling Units (A) The total number of dwelling units allowed in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling units This overall maximum is further allocated to each ownership group within the Master Plan area according to the attached Exhibits _,_,_ /7) aCU5Wtfl(o/t itJ'l1~7'-LCWlteCf mmmUft tf:J 2ovt""') S+ardCVldfl- Thf,uyosc cf~ C-tlP I~ 7U Wrflf1~ 'P ZiJYl ~ ord l j/)(X.-y\c (2 Dtt /7L.rL 25UJ L~VtrJJ)N1f1C~_\K CWZO _ l .. rrv .. D ~a.1I ~ {JY ,ch --fbt ~ v&UQJl{ ~ /AC1U.<JU,.,S 'iF s - I ~ V LlT1CL-11f15~ ~L ~'~qo jb~CL . ~ (B) The minimum number of dwelling units in the Master Plan area shall be computed on the basis of 3 5 dwelling units per net developable acre Net developable acre is the land measurement remaining after subtracting required open space, environmentally sensitive areas, parks, transportation and utility corridors, and any other unbuildable area The minimum density shall be applied and enforced according to the min8mum dwelling units allowed by the attached Exhibits _'_'_ (C) Accordingly, therefore, development in the Southwest Yelm Master Plan shall be between 3,946 dwelling units and 5,000 dwelling units (D) If, after the complete build-out in any particular area within the Master Plan area, the City determines that the net density in that particular area is below the maximum net density allowed for that area, any remaining unused density may be transferred in the form of dwelling units to another property owner within the Master Plan area, subject to approval by the City Nothing in this paragraph shall be deemed to allow development in excess of the overall maximum of 5,000 dwelling units in the Master Plan area 7. Transportation and Utilities (A) The conceptual Master Plan approval requires the establishment of two Essential Utility and Transportation Corridors The Y-1 Corridor will serve the park site and school site on the northern boundary and the commercial property throughout the remainder of the Corridor The second essential corridor is the main loop road that connects to State Highway 507, loops through the Thurston Highland Associates parcel, intersects the Y-1 Corridor, follows Berry Valley Road and Connects to State Highway 510 at Killion Road The main loop road corridor will be constructed as a "Boulevard" under the Minimum Street Design Standards adopted in the City's Development Guidelines ~ .LKB) All property owners whose property will be burdened by the Corridors will ~ I{\ ~O r ."i}. v\ execute a reciprocal easement for the Corridors that will give each property \l,-\~ v'{ \ SCY;r0 ~ owner the right to use the corridor on every other property The easement will l /, ~V\I\ ~c.. ~ _:t~tA{l\>\e executed prior to City Council review and approval of the Conceptual Master ,){\ . il\V.J~~ ~,V' Plan The easement will give each property owner the right to dedicate the \ tU. \j'J n AO '1-- if entire stretch of the Corridor to the city in conjunction with final Master Plan ~ ~ v \ ') if approval Dedication will be required as a condition of final Master Plan -v-J:\-\\(};v\l ~c)fI approval For purposed of the reciprocal easement, the Corridors will be A. ~ ~1,\ described generally as shown on the conceptual Zoning Plan For purposed of vJ\ final Master Plan approval, the Corridors will be fixed by the mechanism r. '" .At ~ described in the reciprocal agreement. .L L,~v ~.6. W WcJ. . (~~tfl(})-.chtLcl ,)J/plA,hltL lJ.~ VtS'rW0@-!IV1U(dtPeMli/11ftf}notiJIiC<-, /J SANDY hvf \Jl'oo.es r ( ! D f 1 We need an eXp>lanation of what a reciprocal easement is 2 Is the reciprocal e~sement a single document signed by all property owners within the l~ $ 'kdl{) 66 q-I h [,( 'l Q,kCWl&y cI , 1iVU'uf!I'if) tM- /Wrta~of 10 Cc5vV"e-C~ <=tTr,v.ff, lI~tcl( r{S (1L aJif vita.! [WIt ()tf i P..-c (1(1' rlu ( I C(),0 hOCtcA .... )&./06 [)z 0'[ ( Dfv}/I{! vtf-~ I.Iln( I T(;? Master Plan area or all property owners whos ~perty is adjacent to the new corridor? 3 The previous approval required a conco~~;~greement. What is that and do we still need one? 4 Whose responsibility is it to obtain the signatures and/or individual reciprocal agreements? 5 Would the dedication occur at time of final master plan approval or at time of improvement construction? 6 What mechanism(s) are used to fix the corridor? (C) R'~ ~\; \J~ ~ ~~I \ \1\, 1\~r \tU ~ SANDY The City is considering the options available for financing the construction of the Essential Utility and Transportation Corridors The projects will each be constructed as complete water, sewer and street projects Those options include a latecomer agreement, a Local Improvement District or a combination of both In order to keep all options available, approval of the conceptual Master Plan is conditioned upon two requirements First, the City and the major property owners in the Master Plan Area, Thurston Highlands Associates and Dragt/Detray, must enter into an agreement to waive any and all protests to any future latecomer ordinance/agreement and Local Improvement District. Second, Dragt/Detray must initiate and circulate an L.I D petition for financing the construction of the main loop road corridor within 60 days of Conceptual Master Plan approval by the City Council If for any reason the L.I D fails or is determined by the city to be impractical, the Corridors shall be constructed on the basis of a latecomer agreement/ordinance If the Corridors are constructed pursuant to a latecomer agreement, the city intends that the main loop road corridor will be constructed and financed in phases concurrent with development. Any such phasing will, however, provide that any portion on the main loop road that is not fully constructed to City development standards will, until such time a as it is so constructed, be constructed to sub-grade elevation with a maintenance coarse surface for the entire remaining length of the right- --- of-way 1 f Is/if~essary for-an-(j[Jpetition to be circulatea within 60 days of the-Gonce-ptual app;.oval? ~Uldlt make mo~~e-to-oegin the LID p}o@ss-at-time(;ffinal master plan 4'pproval or even as late as approval of a development project (preliminary plat)? 2 Why do we need sub-grad elevation for the undeveloped portions of the main loop road as long- as their described in the reciprocal agreement? 3 Why would we want any area to be dedicated to the City prior to full improvements? Wouldn't be better to leave it in an easement as described in the reciprocal agreement? i~.\/ ~ \L0~ SANDY The Y-1 Corridor shall be placed in a transportation easement of sufficient width to meet City Development Standards This will ensure that structures are not constructed in the area that could potential serve as the future transportation corridor The Corridor shall be dedicated to the City at such time it is constructed to City standards Page 4.of 10 "" 1 How do we address the Y-1 corridor area between the Thurston Highlands property and 93rd? 2 Could we re-write E below to specifically name the access points at Killion and 93rd and the properties in-between? (E) /~ir:tal-~aster ~appr.Qval,tl:le_aR~~c:~! snail pro~tltnh~e Cl!dicati<:rrruf"" the"accessJ~.~ls-shown on the attached Exhll5lt B-;-CC5nceptuafZonlng Plan SANDY 1 Do we want them to secure the property prior to final master plan approval and then dedicate at time of improvements? 2 Shouldn't this include access to 93rd also? (F) (G) As of Conceptual Plan approval date , there are not sufficient water rights and sewer treatment capacities for ~evelopment of the entifre rf)-ft) Southwest Yelm Master Plan area I1-L vnuottA glM-6MRCl uJ/f:J2 ~f.pe(; {lA.- - .. J- fyt VYt W u.9urVv ~l~~ IQ,u~ Df 'eJ)~~ n4-lA ~.cJ CU flt[D/?fV\f:r/iT /,....,; -0 All development vJithin the Master Plan area.t4will be served by the City of Yelm's rf[!tlr Q/tIlt sewer and water systems based on a phasing plan identified in the Final Master Plan application for each project within the Master Plan area At Final Master Plan application, water and sewer system capacities will be analyzed by the developer and a recommendation for phasing based on available capacities will be made for City review and approval lCb\fief J' \/ All costs of water, sewer and reclaimed water ~ including line extensions and necessary capacity upgrades shall be borne by the applicant. All such utilities shall be designed and constructed in accordance with the Development Guidelines adopted by the City of Yelm, the Department of Ecology, the Department of Health, the Fire District and any ot~agency with jurisdiction over such utilities . )fr(C[<<tvVl/IJ()"~elCW-- At F" I M PI .{UI thOfcl St V\c,v" II {h.Cd fO . t" f' th Ina aster an approva , e I y WI consl er Inanclng op Ions or, e construction of necessary utility infrastructure to include a\la~;. comer agreement, a Local Improvement District or a eembiflatte>n of both ~fftlop'VZ .erlJ)V\.Sla>-- IJ)(}../ 7fJt'N!- &idlblllt\.,rl ~ Thurston Highlands Associates and Dragt/DeTray L.L.C shall, as a condition of Final Master Plan~QRro~ enter into an agreement with the City to grant .-easements, a lease or a license to the City, or a combination thereof, to make use of its property for reuse of reclaimed water, in a manner;;ep@ffiffieMea-by the Water Reuse Facilities Plan adopted July 1995 c/ ~ (eY15...;.-t--€J[f- (H) (I) }J L-.iV'Y 'I') , ~ L1" , ~\J\1f 0~ \1 ~\8. Commercial Development . ~ (A) Commercial development in the 30- acre commercial tract along the ~(lJ/S'DlJlf/, Corridor of the Southwest Yelm Conceptual Master Plan area shall be IimitJd to Page 5 of 10 '" j a total of 33,q.000 square feet of commercial floor space to be phased with development '~s follows 1 a The provisions of the zoning ordinance pertaining to land use of the Central Business Oistrict and the Commercial Zone (C-1) shall govern the use of land in the Southwest Yelm Conceptual Master Plan commercial area Fifteen thousand (15,000) square feet of commercial floor space ~e allowed initially upon final Master Plan approval 1 b 1 c The remaining 315,000 square feet of commercial floor space will be allowed after the construction of 1,250 dwelling units (2_5% /pf the total --/--; , r dwelling units allowed) in the entire Master Plan area CWO' ooYVJ P((VI ,CJ.- L0 Cf'le (f)op toau t --l tfr-if\~ ~dcS~/tI4?cf-to(Jf\~~~ ~ 1 d Commercial development in this area will-be consistent with the Yelm ~~CfC(J Design Guidelines The commercial area shall be designated Village de Uit1-~ Retail with all streets adjacent to commercial development being ~~t[jfc~ d. '" classified as pedestrian oriented Commercial development in this area~/tv( -It? will be modeled on a neighborhood village concept. ~flfJ~r a.. (B) Commercial development within the five (5) acre commercial designation near :;. ({rf~ '0- ( the clubhouse in the Thurston Highlands Associates ownership shall be _!;!V ( developed according the City's Central Business District and Commercial Zone t~ Ul~ tC (C-1) Commercial development in this area will be consistent with the Yelm Y"lvTU6./fASj Oesign Guidelines The commercial area shall be designated Old :Town with all fflgVlrf!cOr:/ll streets adjacent to commercial development being classified as pe estrian N8.cf-n..e oriented Commercial development in this area will be modeled 0 a .W ~f'z1! '10Cl r neighborhood village concept. tJ; <().f Con 5'Cht ~ \)l~#~ (lJW1m ..dn) Open Space and Parks \l~ I/I-~ W0().-- \;~ {tr/ (l (A) Development within the Master Plan area shall comply with the City of Yelm Open Space Ordinance The Open Space Ordinance requires the dedication of five percent (5%) of gross area in single-family designations and ten percent (10%) of gross area in multi-family designations 4. ff\~ f,h udcL k (- 0(.C?tf Thurston Hiphlands Associates shall dedicate a total of 62 acres of open space concurrentlfvith development according to the City's level of service standards Thurston Hi~hl~.nds shall dedicate the currently shown 10 acres of park4fl~ a~r9 ~afccl~i1fc>ricurrentlwith development according to the City's level of service standards The remaini~g 52 acres shall be dedicated consistent with D below ~'rooR~ Dragt/Detray shall dedicate 11 acres of park/open space~concurrentl~with development according to the City's level of service standards and tliie Open Space Ordinance 1 YmtL lu')~ ~ I s li!~a sle f crf,,'( IlK /;l-c. 6~ t< r;- rJcOA ff~ If i-ft;Cll ycJ.- Page 6 of 10 0)1 fUfS"0(})hc()cl.,) f/(;;'M/G. 7f'- aCflu'1le--S -., (D) In order to qualify the private golf course in the Thurston Highlands Associates ownership as open space, the applicant must establish that maintaining it as a ~ private open space satisfies all of the criteria of the Open Space Ordinance, (S l~l(VV10/ other than dedication, and that it serves the purposes of the ordinance A private open space must be accessible to the general public Thurston Highlands shall 5eteet-oDe..or-m.Gr:~ired-a#eFJ'tatives <;: ( Q... tvru( ~~,/q~of1i'i/iP~~#J.jfL ~~fVJifi~7 f~EfBf fU-. 1 a Open the golf coltfSe fo tile general put)lic ~ memoorsnip dues-;?;tiiJ\.u~WScd1JA (Y):/7-t. SANDY 17J tvdJI iJ(t()((/f-- Can we be this specific stating no membership dues? tS1tt (e, ~~~~V1i Yo 1 b Create a system of trails throughout the golf course e. -sl:Ieh- .tfa:i:ls;;te-the City for public use, or Dedicate additional acres of park (52 acres) to equal the minimum acres ) required by the Cit~Open~ Space Ordinancea$ 1rJJ.Ait-hFrf~U-~---r-k F fYIl rl\ut ~rf;~The applicant shall obtainJrom Thurston Countx all necessary permits for 'noJ:.1 ~)."r.#~j:dsSing the~UtVm~ If/Vii f\U 1Q~ /tOW YJOVV tJV()rtecl tp( IJMv( '\ I I \j) PjrY! vrlli~ ~t)h~\ -r ~Cl(5. ftL Schools'V'b (A) The ConceptuakMaster Plan map and Conceptual-Zoning Plan should show t' reservatio~f a tbtal of three school sites fO/future de~ication or purchasel The applifant has\shown one fifteen (15) aere school site and one eight (8f acre SChoollite, both on Thurston Highlands ~~sociates pro~rrty The maps should show a third schodl site of a least eight ~8) acres on the [})ragt/Detray pro~erty 0 Thej.iting of all sclool sites within thAouthwesl Yelm M~sler Plan area Sh;~{L) ~,{l:: fully comply with t~e standards impoled by the Superinle dent of Public d~~' \ ) ') Instruction for the tiling of schooi siles 7 ~JJ "*' IJthe event that any of the sChoolAites reserved pursuant to this Conceptual ~I'l'r" \\90"~ Master Plan are d~termined by the School District or the C ty of Yelm t1 be \lJlI' ~,,\\ Jnacceptable for the developmen't of a school site, the SCh\OOI Distnct may elect ~~ to waive the reseration and acc~pt a voluntary agreement in lieu of subh ~ ~chool site under re terms of R'cW 82 02 020 (D) ~he school sites reserved purLant to this Conceptual Mast~ Plan ar not ihtended to serve las full com~liance with any requirement th t the Ci or the developer make a~equate plibvisions for schools (i e , impac fees, v luntary a1preements, dedic'ations, ~ft) The reservations are intend d to b minimum provisions that forn\~he starting place for ensuring that the im'P.act of any development in the I'i/Ias~r Plan area are adequately mitigated 1 c (B) (C) Environmental Review 6. nf vn P f70a {I glOw au a~ ~Vl cdr ~ j:(>LLj! ~1Ytif ezd'8 f~1}./ ,5. (. fJI-. C'j, Ct ~LiO..11l <;r r(:'( / ia..({ 1,;1' ,p";;, ("Oi'1St 5- f;a.f"ag~l7 4f 10 S{tdf ~ <, /':'D-um ~fl1? '1tvu "trJ;te VLhMt~ {24cyz(j;.V'-' ~ (Jt t:-~12-' ()()uc UnO)" , " (A) The mitigating measures identified in the Final Environmental Impact Statement and Addendum to the Final Environmental Impact Statement shall be satisfied in the development of the Southwest Velm Conceptual Master Plan Those mitigating measures are adopted herein by this reference and made a part hereof (B) The City will require additional detailed studies at the time of application for Final Master Plan approval Those studies shall be supplements to the Final Environmental Impact Statement and shall identify specific phasing impacts and mitigation 7. _Pracedurallssues- f/lY)t S~{( kad.oreJ ~-CLccD,-JO.f\c~ 4L{1V1[ --- (A) (B) rt< This Conceptual Master Plan approval does not include or imply approval of specific development proPoS~JJeh-as5ubdivisions, plats, site plans, or planned residential de~.opments Such specific development proposals shall be subject to ~~lawSand regulations otherwise applicable, with the additional requir~eflrfhat they also satisfy all conditions of this Conceptual Master Plan that aRB!y=--- ---~ ;/ The SouthwesfVelm master Plan shall be reviewed by the Planning commission every five years after theyffeCfl~'\Y.e date of the City Coun~a.ction on the final Master Plan The p~se. ~f th review is to determiRe Wh~ehef substantial completion of dev lopment is oceeding aC~Glm9to the Pha ng Plan and whether sl!9h d~'opment ~'S atisfying ~ondjtions of Mast r Plan approval If det;?10pm;drt is not procee ing as glanned or the conditi9 s are not being met, th~(anning commissi~ther extend the review period or terminate the M.(ster Plan approval according It<? the terms of the master Plan Review Ordinance (C) Any major modification to the Master Plan will require Planning Commission approval in accordance with the Master Plan Review Ordinance ~ Each of the major planning areas (Thurston Highlands Associates, ~ Dragt/Detray, and other parcels) may proceed independently with final Master Plan approval, provided thjt 'he overall requirements of this Conceptual Master Plan approval are satisfie$1, f SANDY " ,:y1bct (-1 tv 'he ~a f / (OV/( YYlP //;{ICv11x ;tzaclG 1 I believe these original conditio~s where needed because we did not have a Master Plan Development Ordinance at the time of approval Since we now have a chapter in the zoning cOde~ do we need these procedural conditions? (} \ff'(' uf/ fe'z>t:- d -h tiv I Vld, P fUMi"lb"'7 WLCL I wU(-t n-f ~ t ~ (0l Q; ~ ""At 1{lhU! ! IU/YWJ L- Y'c.y ~cv:; ;00 I bYlC) 4/2 ~ .\ ~ .~~ 11 \ -Exhibit W \'1 \L'iJJ r! 1Tf 0 ~ CI/LQ- CffYI Sf' <1;1 M,f L() /iv..e- lJYt;ia / ( , ~, ~ I'li ~ (]I ctht Cdfh f rtL kns I v-c- 11 ~ + 1JnvI1, ~g\;'lflk aS ~~~" ~\),Jc\t\ IU4L'iVl'l10iP, 700-!re) tl) (t<S~ Skf{ Ffhr( ~ ~~(;f 0' ( fV/fJY ~ Of I (a-f 7"2> 1 f)..fn,,) ~ ,\1: ~ rt' ..., ~~ ~I\\i')~~ ~~\ ~ t\ f?I SOUTHWEST YELM CONCEPTUAL ~~ V$ iI-(y\ ~7 V-{;,~c./ MASTER PLAN ~ \'. y \ - J) y/~ \.. (}Iv '\ ~ ~ \{\? ~ Q'J -~( C;r' ; Summary of Thurston Highlands Associates Ownership "(y..\(J ~ f\u {' ,_ tv ~\. ,\'0 'lftY' -rV ~ fo01~Q L~ UJ ~~ 6"'~\~ ;",rhvJJf' Jle<' \':> I ro1 If \ .. V P r(i"~ ~ldv \ O~ 0 ,~~ ,'(J; cffJi( {'0 ~ 5{GCl [JJf 0\~ (Jvl{\'-\ . . 'iJ\J0 l~ Gv~ \ \' &~ aV' \ $\l ",Q)J' '.1~ 10.( 'J U'\ ~\, Total Area Wetlands Golf Course 1 Parks Schools Water Tanks Main Loop Road Reuse infiltration areas2 Net Developable Acres Required Open Space 3 Minimum Density. Minimum Dwelling Units Maximum Density' Maximum Dwelling Units Population Estimate 1,240 62 370 10 23 2 30 30 713 62 Acres Acres Acres Acres Acres Acres Acres Acres Acres Acres 3 5 units/Net Developable Acre Y 2,500 Dwelling Units '{:.. 4 44 Units/Net Developable Acre 'J- 3,166 Dwelling Units 'I-- Minimum - 6,250 Maximum - 7,923 On-Site Improvements tV (b.e rrf.v1fr/7zd .t.... fIe f m-:J~ f KP-- a'5 1:J/1AI A. ~~~MainTooP'Road ()l) ---!ht. flY' (J t:t( rr{;YCvl . a c;.on'struct paved roadway to grade according to City of Yelm /rStreet Specifications~~s!1ill.110.use~hase I concurrent with L d~Qgment--of-Pfiase I ~-"'-::':::::::---'-.... b Construct paved roadway acCOfd1ii9 to City of Yelm Street) Specifications for each phase adjacent to the roadwaY_GEm~t with such phase ----:-~ . c Construct unpayed.roadllV.~y~to-sTrt5-grade elevation with a maintenan~9.af;se:S@a'ce:-accoramgtoCitV of Yelm Street Specifications for remainder of roadway not serving development. SANDY Why do we want them to build a sub-grade roadway? 2 Y-1 corridor;~ ___- ~-- a P1age corridor in a transportatiOfl easement nin.?ly40ur (94) feet i .width Z /_ . b Aonstruct major ~rterial roadway accord~g to City of Yelm specification)rcOncurrent with adjacent/development. The entire I roadway sM'a1l be constructed conclJP~nt with development on the propostfc1 school site, unless alrr'eaCiy constructed ;/ Page 9 of 10 '" SANDY ~, / \ What about the area between Thurston Highlands and 93rd? / B Sewer a))~ter \ \ L._ _<. 1 Install sewer collectidn and water main lines along entire route of Main Loop Road on-site w~en easement is de~icated and s,{wer and water capacity are available / :::~d:'t construction of utilities be constrLted concurrent with PhaL? Do we want to limit the cbnstruction requirement by associatin/g it with sewer and water/capacity/availability? 2 Thurston HighlandS/Associates (THA) ha.,{SSigned water rights application THA, and its successors a~6 assigns, shall bear all the cost of testing, drilling, rhonitoring, processing the application and any other cost of succeSSfUIIYJ\' obtaining walter rights on the basis of the existing application 1 See ConcluSi0~text regarding c~oices on open space dedicaiion / 2\~dicated1O the City concurrent with d1ryvelOpmer.rl as shown in Final Master Plan approval 3 Calculated pursuant to Open Space Ordinance. \ / /' Page 10 of 10 " U JI J. UI .L..J..J..J noVD MEMORANDUM To: From: Date: Subject: Via Fax: Karen Rentz Cathie Carlson September 16, 1999 Thurston Highlands Conceptual Master Plan Approval 943-6150 The majority of Monday's meeting WIth Sandy will be issues concerning the above referenced project. Attached lS the draft staff report - m particular the CondItions of Approval beginning on page 2. Most of these are the original conditions, but we have either revised them slIghtly and/or have queshons about them. Under each condition that we have questlOns (begllIDlllg on page 3), I have typed Sandy's name and I1stOO the questIOns. It would be very helpful IfSandy could reVlew these prior to our Monday meetmg. If you have any questIOns ~; 7l!~at ;::~~ '1 NdJ ~/j ft-}VI/7J;;/J -5f fli ,If-rW r~ U:J/ .LU/ .J.. .J.J..J -..JUU ..,......u ..,........,.u Date: To: Planning Commission From: Cathie Carlson, City Planner Re' LIST OF EXHIBITS: PUBLIC HEARING OBJECTIVE' BACKGROUND. PROPOSAL. FINDINGS: 1 Proponent. 2 Location. 3 Public Notice Notice of the Public Hearing was published in the Nlsqually Valley News on September 3, 1999, and posted in public areas on September 7 1999 The notice was mailed to adjacent property owners and the applicant on September 7, 1999 4 Existina Land Use 5 Adiacent land Uses 6 Comprehensive Plan 7 Zomng 8 Yelm Municioal Code. 9 Soils and Geology 10 9roI,Jnd Water 11 Transportation and Site Access. tJ::ll .1.0/ .1. ::JJJ .L-J ....V ,Jou-.......Ju ""t"-J-ru 12 Parking 13 Wastewater 14 Water SUPPlY: 15 DralnaQe/Storm water 16 Utilities 17 Hazardous Waste. 18 Fire Protection 19 Police Protection 20 LandscaoinQ 21 Deslan Guidelines 22 Environmental Review: In February of 1993 the City of Yelm published an Environmental Impact Statement for the annexation and development of the Southwest Yelm area That EIS considered the impacts associated with annexation as well as various conceptual development scenarios With thiS extensive envIronmental review in place, the City determined that an addendum to the final Environmental Impact Statement would satisfy the need to revIew additional Information and analysis for the original conceptual master plan review On July 11, 1994, the city of Yelm Issued an Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexation. ADD INFO ON ENVIRONMENTAL REVIEW FOR COMP PLAN On _I the applicant submitted an environmental checklist with the application -1fJ,.;dJt}) packet for the conceptual master plan approval for the Southwest Yelm area. Ii tft fJ/:-. /J,1P'l CONDITIONS OF APPROVAL 6. Densities/Dwelling Units (A) The total number of dwelling units allowed in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling units This overall maximum 15 further allocated to each ownership group Within the Master Plan area according to the attached Exhibits _,_,_ Page 2 of 10 ~~/lb/~~~~ ~~ ~o ~OtJ-~...JO-~~~O v.L.1 I WI (8) The minimum number of dwelling units in the Master Plan area shall be computed on the basIs of 3 5 dwelling units per net developable acre Net developable acre IS the land measurement remaining after subtracting required open space, environmentally sensItive areas, parks, transportation and utility corndors, and any other unbuildable area The minimum density shall be applied and enforced according to the mln8mum dwelling units allowed by the attached Exhibits _,_,_ (C) Accordingly, therefore, development in the Southwest Yelm Master Plan shall be between 3,946 dwelling units and 5,000 dwelling units (D) If, after the complete build-out in any particular area Within the Master Plan area, the City determines that the net density in that particular area IS below the maximum net density allowed for that area, any remaining unused denSity may be transferred in the form of dwelling units to another property owner within the Master Plan area, subject to approval by the City NothIng in this paragraph shall be deemed to allow development in excess of the overall maXimum of 5,000 dwelling units In the Master Plan area 7. TransDortation and Utilities (A) (B) The conceptual Master Plan approval requires the establishment of two Essen~ial Utility and T~an5portation COrridors p5ie Y-1 CQrridor will ~erve the ./ park site and school site on the northern bounda,*,and-tfle commercial property" throughout the remainder of the Corridor~The ~~ssentlal corridor is the main loop road that connects to State t=ttg'hway 507, loops through the Thurston Highland Associates parcel, Intersects the Y-1 Corridor, follOWS Berry Valley Road and Connects to State Highway 510 at Killion Road. The main loop road corridor will be constructed as a "Boulevard" under the Minimum Street Desigll Standards adopted In the City's Development Guidelines All property owners whose property will be burdened by the Corridors will execute a reciprocal easement for the Corridors that will give each property owner the right to use the corridor On every other property The easement will be executed prior to City Council review and approval of the Conceptual Master Plan. The easement Will give each property owner the nght to dedicate the entire stretch of the Corridor to the city In conjunction with final Master Plan approval Dedicabon will be required as a condition of final Master Plan approval For purposed of the reciprocal easement, the Corridors will be described generally as shown on the conceptual Zoning Plan For purposed of final Master Plan approval, the Corridors will be fixed by the mechanism described In the reCiprocal agreement. SANDY 1 We need an explanation of what a reciprocal easement is/ 2. Is the reciprocal easement a single document Signed by all property owners within the f /.-v) (J! I~w(. M ( tjU /.JIt el1~ - Page 3 of 10 ~~/1D/~~~~ ~J ~o .jO~-4:Jtl-4.j4tl ~11 Y ur yt:..L1VI tJb Master Plan area or II property owners whose property IS adjacent to the new corridor? 3 The previous a proval requIred a concomitant agreement. What is that and do we still need one? JCiii?l 4 Whose resp nsibility IS it to obtain the signatures and/or individual reciprocal agreements~ 5 Would the edication occur at time of final master plan approval or at time of Improvement construcbon? 6 What me hanlsm(s) are used to fix the COrridor? ~ y:r71V To cnJ,.ur~ 11/1/..5 '~~,-dt'f4 -(t~4/lr;~,,~ roSANDY ,vD ~ 1 Is it nec~sary for an LID petition 0 be Clrcu ted within 60 days of the c~cePtual approva/?7W~uld It make more sens to be . the LID process at time of final aster plan approval or even as late as approval fa velopment project (preliminary plat) 2. Why do we need sub-grad efevatio r the undeveloped portions of the main loop road as long as their described in the reciproc agreement? 3 Why would we want any area to e edicated to the City pnor to full improvements? Wouldn't be better to leave it in an en4s described in the reciprocal agreement? t (t, /lop - - Th~idor shall be placed In a transportation easement of sufficient width to meet City Development Standards ThIs will ensure that structures are not constructed in the area that could potential serve as the future transportation corridor The Corridor shall be dedicated to the City at such time it is constructed to City standards. (C) 1vrl& V \ J>-l(v-?' )}17'-/ J The City IS considenng the options available for financing the construction of the Essential Utility and Transportation COrridors The projects will each be constructed as complete water, sewer and street projects Those options Inel a, latecomer agreement, a local Improvement District or a combination of both In order to keep all options available, approval of the conceptual Master Plan is conditioned upon two requirements First, the CIty and the major property owners in the Master Plan Area, Thurston Highlands Associates and DragtlDetray, must enter into an agreement to waive any and all protests to any f ture latecomer ordinance/agreement and Local Improvement District. Second, /DragtlDetray must initiate and circulate an LI D petition for finanCing the construction of the main loop road corridor Within 60 days of Conceptual Master Plan approval by the City Council If for any reason the L.I 0 falls or is determined by the city to be Impractical, the Corridors shall be constructed on the basis of a latecomer agreement/ordinance If the Corndors are constructed pursuant to a latecomer agreement, the city intends that the main loop road corndor will be constructed and financed in phases concurrent with development. Any such phasing will, however, provide that any portion on the main loop road that IS not fully constructed to City development standards will, until such trme a as it is so constructed, be constructed to sub-grade elevation with a maintenance coarse surface for the entire remaining length of the right- of-way Page 4 of 10 ~~/lb/!~~~ !~ q~ .:Jb0-458-4348 C!TV OF YELM PAGE 07 1 How do we address the Y-1 corri 93rcl? 2 Could we re-write E below to pecifically name the access pOints at Killion and 93rcl and the properties in-between? (E) Prior to"al the ~ccess po' I P >JA6 r area between the Thurston Highlands property and SANDY 7' .eJaA.approval. the ~1i?~1I provide the dedication '*1 vfri on the attached Xhlbl ~onceptual Zq~ · 1 Do we want them to secure the property prior to final master plan approval and then dedicate at time 'of Improvements? 2. Shouldn't this Include access to 93rd also? 8. (F) As of Conceptual Plan approval date , there are not sufficient water nghts and sewer treatment capacities for ~evelopment of the liRtirev Southwest Yelm Master Plan area T~ ~;)r"-/p~;v~,,, ,..;/// N ~K~~7"./ rb I"Yjll/IN w,,;'1" l-N" ~ ~'f,T~ evtll 'N ,"?.'.Py< ~?lz"st;.v-.d7 ~"..J ~ IV ~ All development within the Master Plan area will be served by tfie City of Yelm's /"?-N sewer and water systems based on a phaSing plan identified In the Final Master ~,- Plan application for each project within the Master Plan area. At Final Master Plan application, water and sewer system capacities will be analyzed by the developer and a recommendation for phasing based on available capacities will be made for City review and approval. ~(.~tJ::. . rY k"" f (G) All costs of water, sewer and reclaimed water SQIYlc~"ncluding line extensions and necessary capacity upgrades shall be borne by the applicant All such utilities shall be designed and constructed in accordance with the Development GUidelines adopted by the City of Yelm, the Department of Ecology, the Department of Health, the Fire District and any other agency with jUrisdiction over such utilities tit ~~ .Jl'h. ~~...) (H) ~t Final Me~te,. Plan approval, the City will consider fina-{ng o~o"/t~='(.M.) lAllA- construction of necessary utility infrastructure to Indud:%';~tecorner agreemen~ ~ a Local Improvement District ~combjnatlon,9f eeth"" "~/"t-e. (I) Thurston Highlands Associates and DragtlDeTray LLC shall, as a condItion of Fmal Master Plan approval, enter into an agreement with the City to grant easements, a lease or a license to the City, or a combination thereof, ~ake use of its property for reuse of reclaimed water in a manner ,.t~M~l"Idcd by the Water Reuse Facilities Plan adopted July 199~ ";~e.E-H'" 1(;, ~ ~r /)~~ f A..,Yhf..,-.../,(,-,. Commercial Devel90ment (A) Commercial development in the 30- acre commercial tract along t~ Corridor of the Southwest Yelm Conceptual Master Plan area $ha~ed to Page 5 of 10 ~~/iO/~~~~ ~J 40 ,jO~-4:Jtj-4,j4tj 1.,..,.1.. I Y ur I C-LI'1 I H.......L UU 1 a 1 b 1 c 1 d 00 uare feet of commercial floor space to be phased with ollows. The provisIons of the zoning ordinance pertaining to land use of the Central Business District and the Commercial Zone (C-1) shall govern the use of land in the Southwest Yelm Conceptual Master Plan commercial area Fifteen thousand (15,000) square feet of commercIal floor space ~e ~oweQ initially upon final Master Plan approval N ~/'J..e The remaining 315,000 square feet of commercial floor space will be allowed after the construction of 1.250 dwelling units (25% of the total dwelling units allowed) in the entire Master Plan area. Commercial development In this area WIll be consistent with the Yelm DeSign Guidelines The commercial area shall be deSignated Village Retail with all streets adjacent to commercial development being classified as pedestrian oriented Commercial development in this area will be modeled on a neighborhood village concept (8) Commercial development within the five (5) acre commercial deSignation near the clubhouse in the Thurston Highlands Associates ownership shall be developed according the City's Central Business District and Commercial Zone (C-1) Commercial development in this area will be consistent with the Yelm DeSign Guidelines The commercIal area shall be designated Old Town~th all streets adjacent to commercial development being classified as pedestrj oriented Commercial development in thiS area Will be modeled on a neighborhood VIllage concept. ,f r~1 ~i';....... I"~ ~/ ~ ~~4_'//~ PP1^-..o~ r-J""lL- ~ .ln7N.l!.4"'" Jf'/-W/O" 4. Open Space and Parks (A) Development Within the Master Plan area shall comply With the City of Yelm Open Space Ordinance The Open Space Ordinance requires the dedication of five percent (5%) of gross area in single-famify designations and ten percent (10%) of gross area in multi-family designations l ~ Thurston Highlands ASSOCiates shall dedicate a total of 62 acres of open space fj4..~ concurrent~ith development according to the City'S level of service standards Thurston Highlands shall dedicate the currently shown 10 acres of park In two 5 acre parcels concurrent with development according to the City's level of service standards The remaining 52 acres shall be dedicated consistent with D below ~ (t) DragtlDetray shall dedicate 11 acres of park/open space concurrent With development according to the City's level of service standards and the Open Space Ordinance Page 6 of 10 U~/~O/~~~~ ~J ~o JOU-,+;:JO-'+J'+O vJ.. I 1 UI I L...L...I"I v ~) III urder to qoallfy U ,e p"v8te; ~glf ~rte iPl t\:Jc Thur~ton Highlands ~Ss~ciates 1Mi~ n /()~O (YW11",j 3Rip as opeA 5J:'Soe the applicant must establish that malntalnl.ng It as a "Ff' I" private open space satisfies all of the cntena of the Open Space ordmance~,N9 1 r..t other than dedication, and that it serves the purposes of the ordinance A ~ ~ pnvate open se~se must be accessible to the general public, Thurston t ",."..t. Highlands ~1.s~lect one or more of the following required alternatives", (I .'71> /Z-f-e.e.'r ~ a;.,.....-.../.'r-" ~~t Jr./-z "h/rv->--~ (0 t" 1 a Open the golf course to the general public ~ Itlt:lllbt:dl',.. dtlc~)-- ~f~ 1 emoershlp dues? (A".:J 4//~ /1~-e:J- "'/11', Cr~ate a SY5t~~trail~ throughout the golf course and ~edi<:aW SYeh- ~' ~I~ l~~;~ or public use, o~r Jd4.'<-r' #I~/',;/-- ~ '!1,.gar..- ~7 :-0 Dedicate additional acres of par 52 acres) to equal the minimum acre~ required by the City Opens Spa e Ordinance..,,) let. r, ,-"../ l"v/Lr f-~""~ / ;4.4"J ~ ~/"'-, The applicant s~all obtain from ~n C~II necessary permits for crosSing the trail . -.:..: rz L:iM t(\.hJl~ ~Jt l41'ttr1w+~;-v ~u ~lW~- SChools r' /-, r;,2 I!(~~ '-(E) 5. /~r .N) 1 )1)1 ~ ~ / ,. f1, vJ ~ ~\L~ ~l~ ~ 1> 1 ~ ~ v~1I" #-,1 (/,;1 (/ ,rl 1 b 1 c (A) The Conceptual Master Plan map and Conceptual Zoning Plan should show the reservation of a total of three school sites for future dedication or purchase The applicant has shown one fifteen (15) acre school site and one eight (8) acre school site, both on Thurston Highlands Associates property The maps should show a third school site of a least ~8j acres on the DragtlDetray pro~rty /'. c ... - r;oo c;-~...wl II '" ~ 7~ vv- )-"t-/.....- The siting of all school sites within the Southwest Yelm Master Plan area shall ~ fully comply with the standards Imposed by the Superintendent of Public Instruction for the siting of school sites (B) (C) In the event that any of the school sites reserved pursuant to this Conceptual Master Plan are determined by the School District or the City of Yelm to be unacceptable for the development of a schOOl site, the School District may elect to waive the reservation and accept a voluntary agreement In lieu of such school site under the terms of RCW 8202.020 (o) The school sites reserved pursuant to this Conceptual Master Plan are not intended to serve as full compliance with any requirement that the City or the developer make adequate provisions for schOOlS (I e . impact fees, voluntary agreements, dedications, etc) The reservations are intended to be mmimum provisions that form the starting place for ensuring that the impacts of any development in the Master Plan area are adequately mitigated. 6. Environmental Review Page 7 of 10 U-'I .LUf .L -'-'-' (A) (8) ....J"-JU ""T....JU ""T....J""TU The mitigating measures identified In the Final Environmental Impact Statement and Addendum to the Final Environmental Impact Statement shall be satisfied In the development of the Southwest Yelm Conceptual Master Plan Those mitigating measures are adopted herein by this reference and made a part hereof The City will require additional detailed studies at the time of application for Final Master Plan approval Those studies shall be supplements to the Final Environmental Impact Statement and shall Identify specific phasing Impacts and mitigation 7. Procedural Issues (A) (B) (C) (0) ThiS Conceptual Master Plan approval does not include or imply approval of specific development proposals such as subdiviSions, plats, site plans. or planned residential developments Such specifiC development proposals shall be subject to the laws and regulations otherwise applicable, With the additional requirement that they also satisfy all conditions of this Conceptual Master Plan that apply The Southwest Yelm master Plan shall be reviewed by the Planning commission every five years after the effective date of the City Council's action on the final Master Plan The purpose of the review is to determine whether substantial completion of development IS proceeding according to the Phasing Plan and whether such development is satisfying all conditions of Master Plan approval. If development is not proceeding as planned or the conditions are not being met, the Planning commission may either extend the revIew period or terminate the Master Plan approval according to the terms of the master Plan ReVIew Ordinance Any major modification to the Mtter Plan will require Planning Commission approval in accordance with the Master Plan Review Ordinance Each of the major planning aret;:'(Thurston Highlands Associates, OragtlDetray, and other parcels) may proceed independently with final Master Plan approval, provided that the overall requirements of this Conceptual Master Plan approval are satisfies SANDY 1 I believe these original conditions where needed because we did not have a Master Plan Development Ordinance at the time of approval Since we now have a chapter In the zoning code, do we need these procedural conditions? "\ ~ Exhibit Page 8 of 10 U...JI ..LVI ..L ...J...J...J ...JUU ""T...JU ""T...J""TU SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Thurston Highlands Associates Ownership Total Area. Wetlands Golf Course1 Parks Schools Water Tanks Main Loop Road Reuse infiltration areas;! Net Developable Acres Required Open Space.3 Minimum Density' Minimum Dwelling Umts Maximum Density' Maximum Dwelling Units Population Estimate On~Site Improvements A. Roads 1 a b c SANDY 1,240 Acres 62 Acres 370 Acres 1 0 Acres 23 Acres 2 Acres 30 Acres 30 Acres 713 Acres 62 Acres 3 5 units/Net Developable Acre 2,500 Dwelling Units 4 44 Units/Net Developable Acre 3,166 Dwelling Units MinImum - 6,250 Maximum -7,923 cifications to the clubhouse in Phase I concurrent with :2 Why do we want them to build a 5ub~grade roadway? / ~ Y -1 Corridor a Place corridor in a transportation easement ninety-four (94) feet in Width b Construct major artenal roadway according to City of Yelm specifications concurrent With adjacent development. The entire roadway shall be constructed concurrent With development on the proposed school site, unless already constructed. Page 9 of 10 UJI ..LVI ..L~~~ ...JVU '"'T...JV '"'T...J~U \..J..L I I WI SANDY What about the area between Thurston Highlands and 93rd? B Sewer and Water 1 Install sewer collection and water main lines along entire route of Main Loop Road on-site when easement IS dedicated and sewer and water capacity are available SANDY Shouldn't construction of utilities be constructed concurrent With phase I? Do we want to limIt the construction requirement by associating it with sewer and water capacity/availability? 2. Thurston Highlands Associates (THA) has assigned water nghts application. THA. and its successors and assigns, shall bear all the cost of testing, drilling, monitoring, processing the application and any other cost of successfully obtaining water rights on the basis of the existing application. 1 See Conclusion 4 F In text regarding chOices on open space dedication 2. Dedicated to the City concurrent With development as shown In Final Master Plan approval 3 Calculated pursuant to Open Space Ordinance fl~/'1( MJ;TV j/1t"J ~p,,^," ~ 'I w)i 7--0 .. w/J4 0( "..,,/l1...J /I? / ~ td- ~ ~I /.., f1J,~ ,4.1/ r"'1't'l(~ ;p?'#~ ~ Page 10 of 10 ~ I< , . .J', \ STAFF RECOMMENDATION TO CITY COUNCIL CITY OF YELM SOUTHWEST YELM CONCEPTUAL MASTER PLAN October 12, 1994 MEMORANDUM TO' Mayor and City Council Members, City of Yelm FROM' . Staff, City of Yelm RE. lj' Conceptual Master Plan, Southwest Ye'lm DATE. October 12, 1994 Based 9n the record before the Planning Commission, the findings and conclusionf of the Planning Commission, the testimony and record before the City Council, and the environmental review, the staff recommends adootion of the Conceptual Master Plan for Southwest Yelm as provided in the Planning Commission'.s Rndings and Conclusions, with the following modifications. V The following paragraph shall be inserted as paragraph 4 C 4, page 7 of the Conclusions ~ \Y' l.. If, after the complete build-out in any particular area within the Master Plan ' ~~ r ~ area, the City determines that the net density in that particular area is '~ \\J. ,0 below the maximum net density allowed for that area, any remaining V ~ unused density may be transferred in the form of dwelling units to another ~\ ~ property owner within the Master Plan area, subject to approval by the City , ~ Nothing in this paragraph shall be deemed to allow development in excess of the overall maximum of 5,000 dwelling units in the Master Plan area. 2. Paragraph 4.0 1 of the Concll-::/sions, page 7, shall be modified to read as follows' ~ l' \ l{;HlU P. c,. ~6U ~ . W}~ This conceptual Master Plan approval requires the establishment of two t~ Essential Utility and Transportation Corridors. The Y-1 Corridor will serve the park site and school site on the northern boundary and the commercial property throughout the remainder of the Corridor. The second essential ^ ;:--.... .~_. ." corridor is the main loop road that connects to State Highway 507, loops ~ l ~ through the Thurston Highlands Associates parcel, intersects the Y-1 .- d rl (corridor, follows Berry Valley Road and connects to State Highway 510 at ,\' \ Killion Road The main loop road corridor will be constructed as a "Boulevard" under the Minimum Street Design Standards proposed for adoption in the City's proposed Development Standards ,~ Paragraph 4 0.3 of the Conclusions, page 7, shall be modified to read as follows ~ The City is considering the options available for financing the construction of the Essential Utility and Transportation Corridors The projects will each be constructed as complete water, sewer and street projects Those options include a latecomer agreement, a Local Improvement District or a combination of both In order to ~eep all optior,s availabie, ~QQrova/ or tt:)'e [<??_nceptual MasteI:PI'fl?li~condifjoned upon tWo requiremepts. First, the City and the two major property owners in the Master Plan Area, Thurston - Highlands Associates and the owner of Rainier Estates property, as well as tile Rainier Estates developer, rflU.s~Leot@:lolQ_an agreement to waive any: and-all-prot~-sts-to any fUtore-latec-omer ordinance/agre_emeOLa09 Local ItTlp'rovement District. Set6nd-;Lb..Yr-s-to.oJ1i9!J~SSb1:ja:tes musfinitiate-;, afla=arcolate-an-l::I-e-p:etiti&f<:5F"financing tile-construction of the main 19~F>:::tbaa cortid9r'within ~o days of Conceptual Master Plan approval By! tr~tyS-QLJOdlJ-lf for any reason the L.l D fails or is determined by the city to be impractical, the Corridors shall be constructed on the basis of a jJ~ latecomer agreement/ordinance.~s are constructea pursuan9 (O~ r to. :a-lateGemer-agreem'eri~e Ci~ intends that tfie rn.ain. -10.....0. p.. road c_on:iddr \ ' .~~ r'1l11 be c-on-st.r-acted:::ar:ra=financed-In-p'hases co.n.curr~n~ "YoltlJ develoQme.m.) ) ~A \ Any.~phasing wHf;ho~~/j,at. ad~,-poctiQR-ef-the-main~loop---J ~ (lJ; (; rdicrtila:-ris.-nct-fully.constrtlcted-to-Cityaevelogment standards will, until' e}Jrl\ \{J '. ,tl -strcfi'-ti~ as itJs_so-coostructed,_b.e G.Q5Structed.-to-sub-grade-e!evatioo--.J v\) ifY' ~i!h-aJJlaijlten~-surfg~Qcth:e=entire-remaining-l.en-g1D oJ]5eJ (jf~,JM lr-i@ht;-of.:way~ \l\j \ \~/-~ 4 0 4 of the conclusions, page 8, shall be modified to read as follows the City. 1~~aRtiaJ-MlJI'e-ir+lpFeVemenMo-a-State Highway, the_City-wilHmp'ose a fifty-fi-ve-(5-5lfoot-setbaek-fr-em-eaeh-std? r t I9f~dedica.ted-r-l@J:l.t-Gf.".way This will ensure that structures are not ~constructed in the area that could potentially serve as the State Highway. J~V . \~In the event that the City determines that there is no reasonable likelihood ~ ~.Nthat the Y-1 Corridor will be constructed as a State Highway, the setback ~ vZ) will be reduced to the standard setbacks required by the City's z'oning v. ,,- ordinance for the particular zoning designation. 5. Paragraph 4.0.7 of the Conclusions, page 8, shall be modified to read as tollows 2 t,; 6 _ Paragraph 4 0.8 of the Conclusions, page 8, shall be deleted and replaced with ~helangUage ~ ~ ~ Thurston Highlands Associates shaH, as a condition of approval, enter into D ~ ~ ~ an agreement with the City to grant easements, a lease or a license to the I.... ~\.J ------- City, or a combination thereof, to make use of its property for land ~ (}J).J application and storage of wastewater, in a manner recommended by the (V Wastewater Reuse Study. 7 Paragraph 4 E.1 of the Conclusions, page g, shall be modified to read as follows ~ l:}l Commercial development in the 30-acre commercial tract along the Y-1 Corridor of the Southwest Yelm Conceptual Master Plan area shall be limited to a total of 330,000 square feet of commercial floor space to be phased with development as follows a Fifteen thousand (15,000) square feet of commercial floor space will ~ be allowed initially upon final Master Plan approval 0i~ b The remaining 315,000 square feet of commercial floor space will be (\j;L 1(\ - 0 allowed after the construction of 1,250 dwelling units (25% of the \ x): ,[)~ I h total dwelling units allowed) in the entire Master Plan area, on, s?,1 ""JJ'I ~l' ,'IY\ Yea:s-rr-em-4lge-Gale-ef-liA~~\la!, whicae~1 '~)I\{ J . ~~l'lf.~~agr= E3 of the Conclusions, page g, shall be modified to read as fOl!owfV. iJ (I \~ ~ \. ~ Commercial development within the five (5) acre commercial designation ~~ \.J '\ Y near the clubhouse in the Thurston Highlands Associates ownership shall ~ { be developed according to the City's commercial 1 zoning code. ~ b Commercial development in !bjs area will bg..mp_d.elg~:Lon a~g_hbOrhoo~:f .rt r2 n I ~"\~P-t! '- t\ ofC)d"-' 'I$'f: J · 3 , 9 Exhibit C attached to the Findings, Conclusions and Recommendation of the Planning Commission shall be modified by inserting in Phase 17 the following in place of IICommercial (165,000 sf buildings)'" IICommercial (330,000 sf, .see Paragraph 4 E.1 as modified by the City Council)", The acreage for Phase 17 shall be increased from 15 acres to 30 acres, 10 Paragraph 4 0.2 of the Conclusions, page 8, shall be amended by adding the following at the end. Such reciprocal easement shall be signed and executed by '7 of all parties by October 29, 1994 C;\WPS1 ~t \JHB\ST -REC.MP 4 .\ - '\ \ / A P PEN D I X 1 FINDINGS, CONCLUSIONS AND RECO:M1\1ENDATION SOUTHWEST YEL.\1 CONCEPTUAL l\1ASTER PLAi'{ PLANNING C O:i\11vITSSION CITY OF YELl\1 CASE NU11BER: MP-l PROJECT. SOUTHWEST YELM CONCEPTUAL 11.ASTER PLA...L'{ APPUCANT. THURSTON illGHLANDS ASSOCIATES S1J1.11.1AR Y OF REC01111El'IDATION: T.ae Planmng Commission of the City of Yelm recommends approval by the City Council of the City of Yelm of the. Southwest Yelm Con~ptual Master Plan and Conceptual Zonmg Pl~ subje~t to modificanons and condinons. PUBUC HEARING: ()y~ l,lJ\ tytu-J After revieMng the applicatI.on~ SHe plan and environmental checklist submitted by the applican~ the Planmng CommissIOn held a public hearing on July 18, 1994. TIns public heanng was extended to the next regularly scheduled Planmng COIlIDllSslon meetmg on August 1, 1994. T.ne Planmng Comrmssion held a public wor.k sesSlon on August 4, 1994 at a specal meeting of the Planning Commission. EJ.'NIRONML'ITAL REVIEW: In February of 1993, the City of Yelm published an Environmental Impact Statement for the annexat:I.on and development of the Southwest Yelm area. That EIS considered the unpacts associated WIth annexatIon as well as various conceptual. developments scenarios. With this extensive environmental review in place, the City determined that an addendum to the Final Envrronmental Impact Statement would satisfy the need to review additional information and analysIS for tins conceptual master plan reV1:V On July 11~ 1994, the City of Yelm issued an Addendum to the Final EnVironmental Impact Statement for the Southwest Yelm AnnexatIon. Based upon the evidence submitted~ the testimony gJ.ve~ and the analysis of sta:ff~ the Pl:mmng Commission makes the following: ~ deL n2 J /J1L() (( . ftu (.wJ ' FINDINGS: (\~ o (L1 ( ,0 ( oryt 1. Thut:8teR-Ei~cls-Associates is the lead applicant requesting approval of the Southwest Yelm Conceptual Master Plan. The Master Plan area encompas~es 1,860 acres and is located northwest of State .Bi.ghway 507, southwest of the . "..or .. '1.'_ _ ...... _~ .....1_ '- ____-2___ _J: .L_ r_~ 2. 3 ~~v~ ~\\~J: cY ~JV ~ 4 ~. ... Lewis reservation. The Master Plan area conSIsts of 37 ownership/parcels planned together as a single planning unit. The Master Plan submittal includes text, maps and an environmental checklist. The Master Plan map shows proposed land use deslgnatI.ons, major transportatlon crrculation routes, major physical charactenstics on the property, proposed phases, and property ownersmp boundaries. The applicatlOn follows the City of Yelm's Master Plan Ordinance requrrements. The Master Plan area was annexed to the City of Yelm on November 23, 1993 Pnor to annexatLon, the area was zoned under the County's Rural Resource Resldentlal 1/5 zomng designatlon. The Master Plan area is currently zoned as RA-5A under SectI.on 17.40.020(c) of the Yelm Mumclpal Code, which also allows one urnt per 5 acres. Conceptual Master Plan approval IS the first step m the Master Plan process. The purpose of conceptual review and approval 15 "to establish general land use poliCles to guIde detailed planning for and development of the Master Plan area.. The Conceptual Master Plan sha1lIdent1fy the generalized land uses, transportatlon and crrculatlon routes, and services proposed for the sue." Sectlon SeA), Yelm Master Plan ReVIew Ordinance. ReVlew of the Conceptual Master Plan 15 performed first by the Planmng Commission and then by the City Councll. ReVIew is as follows: The Phmning Commission shall review the application for comp~ and, If It determines that the pro:p~d Master PlanlS COnsl~~ the Comnrehenslve pIfu;: and the City's 1. qther plans and polic::.~ reco~men~roval by the C.ity Connel. If the PlanninUo~sslOn determines that the ,J proposed Master Plan ~'so cOllS1Sten~ it may either . demand for modificati6ii's speci:fi~ identJ.fied or recommend de:~ Council. Conc...-ptuaJ. approval by the City Council, pon a recommendation the Planmng Co . sian, shall consist of an amen ent to the CAfuprehenslve Plan and an amendment to the offi zoning map. ..---- " 1 -.-........ - I d 5. The effect of Conceptual Master Plan approval is as follows: Upon conceptual approval by the City Council, the proposed Master Plan botJucigries, proposed use districts, transportation FINDIN"GS, CONCLUSIONS AND RECOMMENDATION PLANNIN"G COMMISSION - CITY OF YELM - Page 2 --- -------- ~ :f:~ routes and case file number shall be identified upon the official zoning map. These districts and routes shall only be effective upon approval of a Master Plan meeting the requirements of Conceptual Approval and this Ordinance. 7 o 6. The annlng Commission held public heanngs to consider the Conceptual Master Plan on July 18, 1994 and August 1, 1994. Wntten comments were recelVed through August 15, 1994. 7 The original Conceptual Master Plan submittal shows a planmng area In excess of 200 acres in a smgle ownership. The Plan also proposes a IlllXtUre of uses jncluding single family resldential, multi-family residential, general commerCIal, neighborhood commerclal, and public facilines including schools, parks and water system facilities. The applicant proposes to serve the entrre Master Plan area WIth :V ~ public serYl~S including transpOrtaIlOn, water, sewage, storm drmnage, other r (]I) \ rlJ utilines ana.' open space. Th~ ~ub~ttal mclude: ~o proposed_eIghteen hole golf / ..A \{;.~CJad~n.. e~~ g9lf_co~e, an mtended to b~-mammu:ed-~ \ ~- ( , ~ea ~IJen. sp~.-,LThe.. suorm~ also mcluoes two school sltes, totalling 23 IA}-t \ \y acres, and a five 5) acre park site ~The submittal includes an area proposed for '\ ,- uJP r{} community service an commerclal, for the purpose of Slung fire, police, or other ~ . ~") governmental serYlces, if needed. The submittal does not mclude any proposed t9 industnal uses. 8. 9. 10. Tne Southwest Yeltn Conceptual Master Plan submittal proposes the J .. ~ accomm~datJ.on of 5,000 dwelling umts, the number also used for conSldenng) (l;~ ~ rmpacts ill the EIS. Tne Master Plan currently COnsISts of 108 acres of multI.- ~U family and 948 of single family. The City intends to analyze densIties on the basis of dwelling units per net developable acre. "Net developable acres If are the number of acres remarning after subtracting from gross area all land that is unbuildable because It is envrronmentally sensitive, park site, open space, transportation or utility comdor, or for any other reason is mcapable of supporting development. The applicant has proposed two areas for comme~...al uses. The first is an area ne3I the intersection of the proposed Y -1 Corridor and the internal. main loop road within the Plan area. The applicant currently proposes the designation of 51 acres as Gen~~ Commercial in this area. The P1anning Commi~sion received testimony expressing concern over the scale of commercial development in the Southwest Yelm area as a potential threat to existing commercial businesses within the current City of Yelm. A phasing plan for the buildout of commercial development FINDINGS, CONCLUSIONS AND RECOMMENDATION PT A N'NTNn. ("nMMISSTON - CITY OF YELM - Pa2e 3 11. in the Master Plan area was suggested in conjunction with this testimony. The Planning Commission heard testimony from the applicant that a severe linnt on the scale of commerClal. structures would preclude any reasonable market for the commerCIal property. The applicant proposed a linnt of 400,000 square feet of commerc1al space in the Y-l Corridor area and a cap of 40,000 square feet for one commercial structure. The applicant would be agreeable to a phasmg plan for the buildout of commerClal space In the Y -1 Comdor area. The Master Plan subrmttal also proposed the deSIgnation of five (5) acres near the clubhouse as CommercIal Service. The Staff Report has recommended that commercial development ill the commercIal distnct near the clubhouse be fumted. The applicant has acqw.esced to an overalllinnt of 12,000 square feet of commercIal space WIth a linnt of 3,000 square feet per commerClal structure In the clubhouse area. The Master Plan map has shown the deslgnatlon of a 16 acre parcel on the property owned by Bosequette as General Commercial. Staff has recommended the replacement of this designatJ.on with multi-family on the grounds that the additional commercIal area is not ne~ssary to serve the Southwest Yelm area and would unreasonably - compete with and draw market share from the eXlstmg busmess core of the City of Yelm. The .City is III the .pro,cess of amending Its Open Spac::nd Park Or~anc: tal ",'J0 pr?Vlde fo~ th~ dedicatJ.?n of open ~pace ill the amount or nve percent (~.%) or net \Y .J)}J-, built area ill smgle family deslgnanons and ten percent (10 %) of net built area ill \f\UJ""\ r multI.-family deslgnations. Applymg the proposed amendment to the Open space! ~/V ~~ Ordinance, the followmg approximate dedicanons of open space will be requrred: USO O,JJ, Y:h~ ~\ .~ *'1 Tnurston Highlands Assocrates - 56 Acres /' Raimer Estates - 11 Acres Other Parcels - 16 Acres Some concerns among Plannmg Commisslon members were raISed that the pnvate golf course on the Thurston Highlands Asso~...ates parcel should not be included in the open space calculations because the golf course will be a pnvate golf course. 12. The Master Plan submittal proposes that the Plan area be served entirely by public and private utilities, including sewer, water, ~' telephone, and cable TV 13. The applicant has shown the possible location for a future State Highway knownnas the Y -1 Corridor. The applicant has shown the route for an internal main loop road through the Plan area. The applicant has shown the dedication of right-of- way access onto the Fort Lewis niilitary reservation in the locations shown on the Master Plan map. ---=-? ". FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNIN"G CGMMISSION - CITY OF YELM - Page 4 ------------- 14. ~v ~ ;;l.. In conj~n with the Annexation of the...S'oUtl:1west Yelm area, the applicant signed an agreeIDent-eMg~ i0P...paYthe costs of the City' s Wastewater Reuse Program to the extent attrihuWfle-ro the annexed area. The City has obtained a Centennial Clean W a ~ grant th~s-a~atCb.ing share. Staff has < determined that applicant's share is forty percent \~H.:r~7:--Staffhas notrfied the {\\~ applicant t fifty percent .(~O%) of its share 1$ due by Augustls-;-l-9-9~taff fj\ ~~~~~EOO~~M~~~~~~~J t~~ The Wastewater Reuse Program will require areas of open land for ~\ migation. The proposed golf course ill the Thurston Highlands ASSoClates gfA Y\ ?wners~p is well-STIlted for s?ch applicanon. Staff recommends that the ~ If" \~ mstallatI.on of water and sewer lines necessary to serve the Plan area, as well as ~A\ Jl all the pertInent facilities, be constructed ill phases concurrent WIth development. ^ \t' "1 As such, s~ also recor:::ne~ds ~a~ .p~Or_^!9-final-Master-Pl~.. -a~pro~., Lthe-eitf l ~. adop-t ~ 2ra~Ce.Ie9Elnng-mstal1atlGn-Qf-sewer-and-water-lines-m-phases-a:S-well - ~.".- -- (~tecomer-ag:reem~'1LproYlding_^for:__the re::.m5urse~'1t 9.LlJie cosJ,S.-9f-suc.V ~~19ti.on,~alsQ-in-'phases.~ ne Planmng COIDnnsslOn rece::.ved testimony from the Yelm Commumty Schools 1 that the proposed populauons III the Plan area would require the constructlon of ~~=~1;;:Z S~;t/r if/l~OPO;: 7o~h001_ ' SION~~ 0 1. 2. ... ~. 4. The Southwest Yelm Conceptual Master Plan is consistent Wlth the Master Plan ReVIew Ordinance, Ordinance No. 495 of the City of Yelm, except to the extent necessary to modify the Plan as prOVIded herem. The environmental reVIew and documentation prepared by the City of Yelm for the Southwest Y elm CODC~ptual Master Plan adequately describes the projec~ the impacts and potennal mitigation. The Addendum to the Fmal Environmental Impact Statement for the Southwest Yelm Annexation, issued on July 11, 1994, satisfies ~ State Environmental Policy Act and rules promulgated pursuant thereto. ~ar:tiClllar project ~ecific impacts anCiInifigafion-will b~jdentffie(raflf!/e ~Qf~dey.elQPJn~nt_ren.ew_ana~p-p-roY_~7 The Staff Report accurately describes the projec~ background mfonnanon, applicable regulatory requirements, and analysis of staff concerns Wlth the revisions noted herein. The Staff Report is attached as Exhibit A, and lncorporated herein by reference. The Planning Commission recommends approval of the Southwest Yelm Conceptual Master Plan by the City Council of the City of Yelm subject' to the FINDINGS, CONCLUSIONS AND RECOMMENDATION "PT .A NNTNG COMMISSION - rrTY OF YELM - P3.~e 5 -------------- following conditions. These conditions are imposed to mitigate impacts identified by staff during Master Plan Review and Environmental Review. The recommended conditions are as follows: A. Zoning. (1) Zomng in the Southwest Yelm Master Plan area shall be as designated m the attached Exhibit B, Southwest Yelm Conceptual Zomng Plan. (2) The Conceptual Zomng Plan reflects the followmg changes from the last version of the applicant's Master Plan map: a. ConversIon of approXlffiately 13 acres north of Berry Valley Road from smgle family to multI.-family b. ConverslOn of 16 acres owned by Bosequette from commerCIal to mulu-familv - No other recommended changes to the last verslOn of the applicant's Master Plan map were detemnned to be of ment based on planmng cntena. B. Phasmg (1) Tne Southwest Yelm Master Plan area will be developed m phases as generally outlined ill the attached ExhiiJIts C, D and E. C. DenslneslDwellinz UnIts (1) Tne total number of dwelling umts allowed. in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling units. This overall maximum is further allocated to each. ownerslnp withm the Master Plan area according to the attached Exhibits C, D and E. (2) The mimmum number of dwelling umts in the Master Plan area shall be computed on the basIS of 3.5 dwelling units per net developable acre. Net developable acres is the land measurement remaimng after subtracting open space, environmentally sensitive areas, parks, ~ortation and utility corridors, and any other unbuildable area. ~minlniuni densiWSliall be~PP'lieaand-=-enfor_ced~~o tfieI!)> ' ;m1!i1mum-dwelling-umts-allowe-d-oy -theaffiClie.dIxhibits-e, E)-andl ; a~ - - FINDINGS, CONCLUSIONS AND REC01111ENDATION PLANNING COMMlSSION - CITY OF YELM - Page 6 ---- ~ (3) Accordingly, therefore, development in the Southwest Yelm Master Plan shall be between 3,946 dwelling units and 5,000 dwelling units. D. TransportaTIon and UtilitIes (1) This con~~~~~:er Plan approval re>q~s the establishment of two Esse~~~ ~ and TIan~J3n:atton Corridors. Tne Y-l Corridor will serve ~Pa::5-.me and school SIte on the northern boundary and the comm...5-~roperty throughout the remarnder of the Corridor The s ...:6~d ess~al comdor 15 the maln loop road that connects t tate Highway 5fll.., loops through the Thurston Highlands SOClates parcel, intersect5'the........ Y -1 Comdor, follows Berry ey Road and connects to S tate Highw~y 510 at Killion Ro . <~ (2) T.ae Planning CommissIon recommends the folloWlng mechamsm for dedicating the Essen1J.al Utility and Trans'Dorta1J.on Comdors. All - "... ~~~ property owners whose property will be burdened by the Corridors ~ ~ '\ A will eecute a reciprodil e:csemenCfor-the-.~~aoi'S1hat\ViJ1-~ ~ -J'. each property owner the ng~t to u~ me _Co~dor on ~j oilie.f_, ")f1ropeny. The easement will be ~~pE.QL to CIty C01Elcil 7 ~rova1:-'or~the~eoncep~~-=Master~~~anl The easement will ,?ve "- eacli property owner Efie nglit to Cieilicate the enure stretch ot the Corridor to the City in conjunctlon Wlth Final Master Plan approval. Dedication will be required as a conditI.on or final Master Plan approval. ~- a ditio to thJ\,"e"ase..~nt, the Planning CommisslO~ req' a Con 0 ~t :::. e~~ h ~e.' . ConofPtuay~~te Plan! a:al e ~.. ouncll wm be condi .en&i on-efec no' or e ..., " re~pr . easem.. For purposes or the reciprocal easement, the Corridors will be described generally as shown on the Conceptual Zoning Plan. For purposes or final Master Plan approval, the Corridors will be fixed by the mechanism described in the reciprocal easement. (I\~~V \\~~.. V\ ~ c)\ (3) The main loop ~ ad running from the southwes~ to the no~~m the Master Plan are all be constructed according to an~erdmance, adopted {prior to final:" - ~Pmn: approval? re~ that the road b_~ devel_~~ in phases associa __ ~~:v:~ent~~'as7 ~ere tli~~~c:!~tY~2.~ctea _ . fiill to, te~a~:y~elQ12~ent,---.J lthe-roaci ~ Will oe. < cons~~a ~b:: '. e_ele~atJ.o_n~ L~n~rr~~9~~vtfg~-fortl1eentire~::!~L~~ len~or-th~ rBggt::9J~~Tlie City shall also negotiate and adopt.....~tecomer agre""~ent for the construction of this road in a m~nner that provides FINDINGS, CONCLUSIONS AND RECOMMENDATION PL\NNING COMMISSION - CITY OF YEIM - Pa~e 7 ------------ e (5) .~(6) ~~~.~ J'~ "' ~ (7) (V~ ~~^. ): (8) reimbursement according to the phases of construction. The applicant sha.J.L as a condition of this approval, agree to waive any and all protests to any such ordinance and latecomer agreement. The dedicanon of the Y-l Corridor will be a sixty (60) foot ngJ;t-Df- way to the City. In order to allow otential futu . provement to a State ~. gh a.Y1 the City . pose a -five (55) foot setback from ch s de of dedic ed n t-of-way TIns will ensure tha7 cturr~:r~f ~ cons ct m the area that could potenttall~rve as ~ffighway. Pnor to final Master Plan approval, the applicant shall proVlde the dedication of the access pomts shown on the attached ExhibIt B, Conceptual Zoning Plan. All development withm the Master Plan area will be served by the City of Yelm's sewer and water systems. All costs of such semce extension and construction shall be borne by the applicant. All such utility semce mstallations shall be deSIgned and constructed m accordance With the requrrements of the City of Yelm, the Depamnent of Ecology, the Department of Health, the applicable Fire Distnct and any other agency Wlth junsdicnon over such utilitI.es. The applicant shall pay/,' percent (50).-1$" sh~tt"local matching funds forAiie C ntenmal Clean W a ~et grant pnor to City' Councl roval the Conce;tual aster Plan. Thurston . /'. ~ Highlands sociates s all a ,e'"e to en~to agreements WIth the City to p ovide land a or wastewater reuse applicaD.ons, under the te,ms of the Wastewater Reuse Program. Prior to final Master Plan app~-y,a:l, e City shall adop~ ordinance re . g the installation of water and se' r,ef lines /. necessary se e the South~st Yelm aster Plan are at the tune of the t' developnrent Wlthm e area. Th City will also nego . te an adopt a 1a comer agree ent for thekilllbursement of the>{osts 0 installin such utility ~S. ~The aPPlicant shall, as a c~diti.on f this a rovaL agree to aive an and all protests to any ;uch or: ce d latecomer agree ent garding the extension of I sewer and water. ,1/7"- ,/ The City will allow development of the Clubhouse and Restaurant in the Thurston ffigh hmds Associates owneFSmp on an approved septic i <7 J.(jJJ p{lU\ 1 rf/J I u ~ FlNDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING C01<fMISSION - CITY OF YELM - Page 8 ------------ system that is compatible with future hook-up to the sewer system, to the extent allowable ~r}he Thurston County Health Code. ~~ l:IoJt--up tU{'M IfUJ/MCIrC cttv' q/ CommereJal Development LSf (1) Comm~ development along the Y-l Comdor of the Southwest Yelm Con eptual Master Plan area shall be linnfud to a total of 165,000 squ e feet of floor space with no more/fuan 40,000 square feet of comme cial floor space attributable ttf anyone commercIal structure. The t tal of 165,000 square feet/along the Y-l Comdor shall be phased wi development accordi'Iig to the follO\ving phasmg plan: L a. Fifteen thousand 15,0091 square feet of commercial floor space will be allow ill the constructlon of 1,250 dwelling units ill the entrre er Plan area IS complete. E. ~ ~ V~ ~}, ~ ~ -y ~,~ rJ ~ \~- ~ '~ '" i ~ V 0{ J\~@ ~~0 ~ b. An addinonal fifty thou_,and (50,000) square feet of commerCial or snace will ~owed after the constructlon of 1,250 d elling .umrs ill the 6~e Master Plan area, bur before constructI.on of the Y -1 State Highway An dinonal one hundred thousand ~OO) square f""t of c ercal floor space will be allowed a:fte~ construc:J.on . f the Y -1 State Highway. c. (3) Commercial development WIthin the five (5) acre commercial deSIgnation near the clubhouse in the Thurston Highlands ASsocIates ownership shall be limited to a total of 12,000 square feet of commercial floor space with no more than 3,000 square feet of commercijl floor space attributable to anyone single commer~...al structure. (.Commerclal development in this area will be modeled on _./ a neighborhood village concept.) -1JoJ.-- ~ b~( .~{L.en Open Space and Parks ~~tJf F. (1) Development within the Master Plan area shall comply with the City of Yelm Open Space Orri1mtnce, as amended. Currently proposed FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COM:MISSION - CITY OF YELM - Page 9 Ordinance require the dedicanon of ea in single family deslgnanons and ea in multi-family deslgnanons. (2) Thurston Highlands ASSOcIates shall dedicate the currently shown 10 acres of park ill two 5 acre parcels concurrent WIth development according to the City's level of servIce standards. See ExhibIt C. (3) In order to qualify the pnvate golf course in the Thurston ffighlands Associates ownersfnp as open space, the applicant must establish that mamtaming It as a private open space sansfies all of the cntena of the Open Space Ordinance, other than dedicanon, and that It serves the purposes of the ordinance. A pnvate open space must be accessible to eIther the general public or the reSIdents of the partlcular development. Tne Planning Commission recommends that Thurston Highlands Associates select among the following requITed alternatives: fL p a. open the golf course membersmp to the general public or reSIdents of Tnurston Highlands ASSOcIates; b. create a system of trails throughout the golf course and dedicate such trail to the City for public use; or c. dedicate an addiuonal fifteen acres of park to the City under (~~ .~. the terms of the Open Space Ordinance, as amended. ~ ~/i~~~ ~.:y ~}J \4) Although actual dedication will occur at the tmle of development, the ~ ~ Conceptual Zonmg Plan and Conceptual Master Plan Map shall show ~ ~ ~ the reservanon of an additional eleven (11) acre park on the Ranner '\:f "" Estates property. Parks dedicated in the remaining parcels shall be in the amounts calculated pursuant to the Open Space Ordinance, as amended. (5) The applicant shall obtain from Thurston County all necessary permits for crossmg the trail recently a~ired by Thurston County from Burlington Northern.;t~~ fj, (&A.d,ot/- C 6 Ai 5 P) G. Schools (1) The Conceptual Master Plan map and Conceptual Zoning Plan should show the reservation of a total of three school sites for future dedication or purchase. The applicant has shown one fifteen (15) FINDINGS, CONCLUSIONS AND RECO:M1Y1ENDATION PLANNING COMMISSION - CITY OF YELM - Page 10 n acre school site and one eight (8) acre school site, both on Thurston l Highlands Associates property. The maps should show a third e school site of at least eight (8) acres on Rainier Estates property. (2) The siting of all school sItes witlun the Master Plan area shall fully comply with the standards imposed by the Supenntendent of Public Instructlon for the SltI.ng of school sites. (3) In the event that any of the school sites reserved pursuant to tlus Conceptual Master Plan are detenmned by the School Distnct or the City of Yelm to be unacceptable for the development of a school SIte, the School District may elect to waive the reservanon and accept a voluntary agreement in lieu of such school sIte under the terms of RCW 82.02.020. (4) ~.ite-sre~ pur~uant to ~s Con~:ptual_jyfast~r Pian are-"not mtended to serve as fUll compliance WIth. any re9.~nt.J ~at"theCify or the de~per make adequate proviSIons forscliOOlD (i~p~~,J ~taq_agreements{ldedicatiQnsr,-etc.)J The reservations are intended to be rmru.mum proVIsIOns that form the startmg place for ensunng that the rmpacts of any development in the Master Plan area are adequately mitigated. H. Environmental Review (1) Tne mitigating measures identified in the Final Environment Impact Statement shall be sansfied in the development of the Southwest Yelm Conceptual Master Plan. Those rrutigating measures are adopted herein by this reference and made a part hereof. L Procedural Issues (1) This Conceptual Master Plan approval does not include or imply approval of specific development proposals such as subdiVlslOns, plats, SIte plans, or planned reSIdentIal developments. Such specriic development proposals shall be subject to the laws and regulanons otherwise applicable, with the additional requirement that they also shall satisfy all conditions of this Conceptual Master Plan that apply. (2) The Southwest Yelm Master Plan shall be reviewed by the Planning Commission every five years after the effective date of the City Council's action on the :final Master Plan. The purpose of the review is to determine whether substantial completion of FINDINGS, CONCLUSIONS AND RECOM11ENDATION PLANNING C()MMTS~()N - CITY (n: Y1=T M - "p~(7P' 1 1 .' development is proceeding according to the Phasing Plan and whether such development is satisfying all conditrons of Master Plan approval. If development is not proceeding as planned or the conditions are not being met, the Planning ComrnisslOn may eIther extend the reVIew penod or tenmnate the Master Plan approval according to the terms of the Master Plan Review Ordinance (3) Any major modificauon to the Master Plan will require Planmng Commission approval In accordance with the Master Plan ReVIew Ordinance. (4) Each of the major planmng areas (Thurston Highlands ASSOCIates, Rainier Estates, and Other Parcels) may proceed mdependently WIth final Master Plan approval, proVIded that the overall requlIements of this Conceptual Master Plan approval are sansfied. RECOMMENDA nON: The Planmng Commission of the City of Yelm recommends approval of the Southwest Yelm Conceptual Master Plan by the City Council of the City of Yelm as modified and with the conditJ.ons of approval recommended herein. The Planmng ComrmsSlon recommends adoptlon of the Conceptual Master Plan as an amendment to the 1985 Comprehensive Plan for the City of Yelm and the adoption of the Conceptual Zoning Plan as an amendment to the City's eXlstmg zomng map. According 0 the Master Plan Review Ordinance, such amendments will not be eff"ectlve until :final Master Plan approval. PASSED AND APPROVED this 15 thday of Augus t , 1994. JIM ~~= Torn Gorman Charrman (Acting) City of Yelm Planmng ComnnSSlon FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 12 SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Tnurston Highlands ASSOCIates Ownerslup Total Area: Wetlands: Golf Course:1 Par.k:2 Schools : Water T auks: Main LDop Road: Reuse/recycle storage:3 Net Developable Acres: Required Open Space:" 1,240 Acres 62 Acres 370 Acres 10 Acres 23 Acres 2 Acres 30 Acres 30 Acres 713 Acres 557 Acres Minimum Density. M1mmum Dwelling Umts: Maximum DensIty. Maxunum Dwelling U mts: 3.5 U mtslNet Developable Acre 2,500 Dwelling U mts 4.44 UmtslNet Developable Acre 3,166 Dwelling Units Populat:I.on Estimate: Minimum - 6,250 Maxunum - 7,923 Phases: ~ ~ hvP PHASE I DESCRIPTION ACRES I , Phase 1 4,000 sf golf restaurant; - 150 seats Phase 2 Single Family 71 I Phase 3 Single Family I 34 Phase 4 Single Family 43 PhaseS I Single Family 31 I Phase 6 Single Family 52 I Phase 7 Single ~amily 35 I Phase 8 Single Family 55 I Exhibit C ~. Phase 9 CommmerClal (12,000 sf 5 buildings) Single Family 15 Phase 10 Single Family 17 Phase 11 I Single Family 42 I Phase 12 Single Family 60 I Phase 13 Single Family I 48 I - ~ Phase 14 I Single Family I 54 I Phase 15 I Mulh-Family I 32 I Phase 16 Single Family I 68 I -Phase 17 CommercIal (165,000 sf 15 buildings) I I TOTAlS I 713 I On-Site Improvements: A. Roads 1. ~ Loov Road 1.-----. (y Exe;ute reClprOC:ll easemen: and conconnrant () agreement, for eventual dedi-canon, pnor to Conceptual Master Plan approval. b. Construct paved roadway to grade according to City of Yelm road speoiicatlons to the clubhouse in phase 1 concurrent with development of phase 1. c. Construct paved roadway according to City of Yelm road specrfications for each phase adjacent to the roadway concurrent with such phase. '1 f).-' @ Construct unpaved roadway to sub-grade elevation Wlth a maintenanc~ coarse surface, according to City of Yelm road specificatIons for remamder of roadway not serving Development. 2. "1 Y -1 Corridor _ {ALP~ya:l,\ Dedicate 60 foot nght-<>f-way with 55 foot setbacks. /\' ,j 1 v-. . W Construct sixty foot roadway according to City of y_ Yelm. specifications concurrent with adjacent ~;;} , development. The entire roadway shall be Exhibit D SOUTHWEST YEIM CONCEPTUAL NfASTER PLAN "- Summary of Ramier Estates Ownership 11. 1/7 ~ ..tt 10/ JpA: .., (J 'fVV / j)r~a if' ~~ ~cres q ~c:res 8 ~cres 8 ~cres 11 ~cres 185 ~cres Total Area: Wetlands: Main Loop Road: School: Park: 1 Net Developable Acres: Mlnlrnum DensIty. 3.5 Umts/Net Developable ~cre Mln-irnum Dwelling Umts: 648 Dwelling Umts Maxunum DensIty" 4.44 UmtslNet Developable Ac;:e lvfaxunum Dwelling Units: 822 Dwelling U rots Populanon Esnmate: 1tiimmum - 1,620 Maxunum - 2~055 Phases: ~phtflYeIJ / PHASE I DESCRIPTION I ACRES I Phase 1 I Single Fs.mily I 25 I I Phase 2 I Single Family I 14 I Phase 3 I Single Family I 20 I Phase 4 I Single Family I 16 I Phase 5 Multi-Family I 15 I I I I Phase 6 Single Family 4.'" I ,..) Phase 7 I Single Family I 13 I Phase 8 Mula-Family I 13 I Phase 9 Single Family \ 26 I TOTALS: I 185 \ 1 Calculated pursuant to O!)en Space OrdinanC2, as amended by current proposa(. Jv ~ / ~&f ~' '- "'^ constructed concurrent with development on the proposed school site, unless already constructed. Sewer and Water B. 1. ~ (!).': -- ' 2. , @ Develop clubhouse/restaurant phase 1 on approved septic dramfield an si ed for furore hookup to City of Yelm se' system. All 0 velopment shall be directly se by the City of Yelm sewer and water syste Install sewer collectlon and water mmn lines along entI.re route of MaID Loop Road on-sIte when easement IS dedicated and sewer and water capac~ty are available. Thurston Highlands ASSocIates (TEA) has assIgned water nghts applicanon. THA.., and its successors and asSIgns, shall bear all the costs of testlng, drilling, mOilltor.J.l1g, processmg the applicatlon and any other- cost of successfully obtaimng water nghts on the basIS of the e=rrstlng anolication. ... ... 1 See C.:lndusion 4.F..3 in "text regarding c."'loicas on open space dedication. 2. OediC4ted in 5 acre parcels conc~rrent with deveiopment of first 6 places See Conc!usion 4.F.2. 3. OediC4ted to the City conc~rrent with development as shown in Fina(Master Plan approval. 4 Calculated pursuant to Open Spac~ Ordinance, as amended by c~rrem: proposai. :, ExhibIt E SOUTH VVEST YEL.V! CONCEPTUAL l\tfASTER PLAN Total Area: Wetlands : Golf Course: Park:~ Net Developable Acres: :Mi~um Density: M1mmum Dwelling Units: Maximum DensltT Maximum Dwelling U illrs: PopulatIon Esnmate. Developmenr program O~"'ER Steadman Propeny Doyle Propeny Bosequett Property An Other Parcels Summary of Other Parcels 7.{") 3)2' 29 86 ~-6f;;;, 22-g- Iv Acres Acres Acres Acres Acres 3.5 UmtsfNet Developable Acre 789 Dwelling U mts 4.~~ Umts/Net Developable Ac:-e 1, 0 12 Dwelling U mts ~ MinImum - 1,973 Maxnnum 2,530 ~ ~ 10 _ 20 ye:rrs ~/ v~ DESCRIPTION j/i\CRES i I f I o1J J- r 15 -1 d~JcJP..e Single Family 38 22 19 14 94 Muln-Family 26 228 TOTALS. 1 Caicuiated pursuant to OlJen Space Ordinance. as amended by curren! proposal. ---------- On-Site Improvement: ~ Roads - Main Loop Road ~~ a>. Execute reciprocal easement and concormtant agreement~ for ../ ~ eventual dedication~ pnor to Conceptual Master Plan approval. (2) Dedicate 120 foot nght-of-way. 'f Construct paved roadway according to City of Yelm road specmcanons for each phase adjacent to the roadway concurrent with such phase. Construct unpaved roadway to grade according to City of Yelm road specriications for remamder of roadway not servmg development. Sewer and Water Install sewer collection and water mam lines along entrre route of MaID LJop Road on-site when easement IS dedicated and sewer and water capaclty are available. CJ 4. ----- 1'"" .. On-Site Improvements: A. Roads - Mam Loop Road Construct paved roadway according to City of Yelm road specificatIOns for each phase adjacent to the roadway conc~ent Wlth such phase. B. Sewer and Water Install sewer collectlon and water ID:ll11 lines along entrre route of Mam LDop Road on-sIte when easement IS dedicated and sewer and water capacity are available. \ \ .iLl. 1 =; :.-i'=-, 1 _ ~.J'::i l'l::J- i !]F EU]LUb " F'EF"=,utHiEL Den or- u~~~n~~D ... II OCT 1 1 1999 I~ 6 0 STATE Of WASHINOTON DEPARTMENT OF ECOLOG.Y P.D Box 47775 . Olympiit., Washinglon 98504-7T15 · (36m 407- October 6, 1999 Ms. Shelly Badger, City Administrator City ofVelm PO Box 479 Yelm, WA 98597 Dear Ms. Badger' We scnt you a fetter on September 29th rcgardmg the MONS issued for th~ Conceptual Master plan Approval for an 1 ,860-acre development in Southwest Ycbl1. In reviewing our database, it was discovered that Ecology's Water Resources comments were not included in that letter The followmg comments are the \Vater Resourcos concerns: The Water Resources Program, Southwest RegIOnal Office, does not have adequate information to assess the extent and validity of the water rights assocmted with the property It is unclear how ltngation water will be supplied to the 456-acre golf COlU'se, or if the City of Yelm's current municipal water rights ate adequate to supply domestic water to an additional 5,000 homes. The City should be aware that water rights may not necessarily be detconined by the face value of n certificate, and that any modification of eXisting rights Will require detailed evaluatIOn by the Depa11ment of Ecology Itlcludmg a showing of historic water use lind evidence that they are not subject to relillqul~hment for nOll-use. We would be happy to provide tecrnucfil assistance to the City regarding water rights, but until additional information IS provided Ecology is concerned tbat the City's eXIsting water right are not adequate to provide water to this projeot. If you have any questions or would like to respond to these comments;. please call Ms. Jill W"lsh (Water Resources) at (360) 407~0274 or with any other questions regarding thiS proposal Ms. Kllri Rokstlld (SErA Coordinator) at (360) 407-6787 A W' (99-6101a) ce. Kari Rokstad. SWRO/SEA Jill Walsh, S\VRO/WR ...... o NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION DATE PLACE PURPOSE Monday, October 18, 1999, 4 00 P m Council Chambers, City Hall, 105 Yelm Ave W , Yelm WA Public Hearing to receive comments on a Conceptual Master Plan Application for the SW Yelm Area - MPD-98-8216-YL APPLICANT DragtJDeTray L.L.C PROJECT LOCATION SW Yelm, Yelm, WA The Yelm Planning Commission will hold a public hearing to receive comments on a Conceptual Master Plan Application for the SW Yelm Area The project proposal consist of conceptual master plan approval for the Thurston Highlands/Prairie View developments on approximately 1800 acres The build-out of the residential development will range between 3 5 - 4 44 dwelling units per net acre (maximum 5000 units) Commercial development will occur on approximately 35 acres, limited to 330,000 sq feet of floor space The project will include up to two golf courses and associated facilities Testimony may be given at the hearing or through any written comments on the proposal, received by the close of the public hearing on October 18, 1999 Such written comments may be submitted to the City of Yelm at the address shown above or mailed to City of Yelm, PO Box 479, Yelm WA 98597 Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Ave W , Yelm WA. For additional information, please contact Cathie Carlson at 458-8408 The City of Yelm provides reasonable accommodations to persons with disabilities If you need special accommodations to attend or partiCipate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72 hours before the meeting ATTEST City of Yelm /e DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News Friday, October 8, 1999 Posted in Public Areas Wednesday, October 6, 1999 Mailed to Adjacent Property Owners Wednesday, October 6, 1999 tlom rn e/rh ---- - -VV"G\ ,...., C \/'<2.0 ~,,~... ~..,^~ .,).~"'" ~ !Y 1. vb +er- , ~ ( G,.,U/"'-cl c,.:o.~ - ".> ~b ') ~oiIf' 7- p;v-f ~ <;a k1 Cp,/, 0/ f5'/l-.oh ~ ~~&. . # ~~';!,A ~ ~ ')3 ~f~ 02 ~ '6 ~ fi /dJ~ + 't feV r.//d- 1 M WI""'.... (J-F (0 .5 c..I. / cL..lI''llA~ :1- ') dVL a.~ . S I.Ar.f~ uxA...r cA (J/d1 rJ ~ o-Y1~ ~ +~ # )~, 1~p./lA<.~ ~ ~~;t! rv ~ ~I.A ~ ~+~k~J, 7UJ ~~. ~ ~~~ ~k 1 e~- ~ 4 t.:t; ~- JPrJ~ ~*~/I~~ Jv ~ .~ ~ ~ O-teJ,~- rJ~ ~ ~ ~~ ~ J(W ~~ wJJ,;J ~v1~ __-~-..b---~'P':~-~ ~ ~ \J w~ + J.-'i A<--tfJ u t-~- 1~ jtw . \ ~~II '> sLvQ9 ~ ~ ~ ~4f~/~~ SEW~ O{Yl ~7 2- ~ Pj1;;~t ~ ~~ ~ ~~..,.~- ~ JJ!'='P ~ t;; -eRe, ~ - ~ lII~dfIL~~~tL ....~ ..5TE? r ofLr '-Ii;; ~zL ~ 0i ~,y~4~yff6~- ~ 'v:7 (YtA ~ i:;;:;- ~ ~ f- S~ / rlO? '0-4 A- L r;- ~ ~ ,};L_~ ~~ ~~~ -~~ ~ ~"'~ ~~ ~~- ~-/J~~./1~, ~k21 ti?/:;i --flt--: i-C.- <l . ., ~ LIP ~/ -m ~;;vI... ~ ffl~' --P~ck {vnecL LJA- TtR...... ~ ">0 (Xo~ ,j;2w ;.,~ ~~ . -~~ t~~ ~~~. ~/U--~~ 0, ~ ~.--d ~ ~~~~~ . d~ 1~' ~~ ~ de- JpP ~~(J4~:: ~~ ~~~~ --dt ~~k / -tt w / I./? - '~" ~ r~' ~ j " , " '0, · - / ~ Nfl ~~ u/~-. ~ ~ 'i-~~~~d~ ti ~ c.LL~ ~ wLL~zL ~~. -RI~ ~/1__A'~~ ~ ~~~ U~~~~ _~ ~~ ~ L'L~~~ ~ ~ r~ IJ /7' --" ~q: ~ THE KIRKBRIDE GROUP, Inc. 4405 Seventh Avenue Southeast, Suite 301 Lacey, Washington 98503 (360) 491-6900 Fax (360) 491-6904 tkgt@ix.netcom.com TO: FROM: DATE: CathIe Carlson Frank Klrkbnde ~ August 31, 1999 SUBJECT: Prairie View Final Master Plan Approval MESSAGE: Here IS are 12 copIes of revised page 5 of the Master Plan applIcatIOn booklet It has been revIsed to show a mmimum densIty of 3 5 umts per net developable acre Also mcluded are 12 copIes of the master dramage plan and cover page for insertion mto the back of the Master Plan apphcatIOn booklet. Twelve copIes of the full SIze plan are also included for your mformatlon and use We understand these Items were the last remaming documents needed to complete the applicatIOn. Work is proceedmg on the other Items outlined m your July 20, 1999, letter Thank you for your assIstance Ii LJ n PRAIRIE VIEW A TradItIOnal NeIghborhood Development u Ii U PROJECT DEVELOPMENT SUMMARY Figure 1 Total Acres: 220 +/- Open Space Wetland and Creek. 2345 acres Buffer area. 25.37 acres Total 4882 acres Net Developable 17118 +/- acres CIty R1ght of Way 13 01 acres 4,767 lmear feet by 120 feet AddItional Open Space 3283 acres Total Open Space 9466 acres Lower Area (Phase 1) o o 14 95 54 o o o 60 o 223 Ii ; : u 'l LJ Il J Ii LJ n LJ n Dwelling Units Total Mimmum MaxImum 600 750 u n LJ Phase 1 Mimmum MaxImum 120 314 II \ LJ II Exam pie I u II U S F Estate Smgle FamIly ~ Large Smgle FamIly ~ MedIUm Double WIde MH Smgle Wide MH Duplex Apartment. 4-plex Apartment. 8-plex Townhouse Semor Care Total n u n u n u n u Notes 3 50 per acre! 438 per acre! Total Dwellmg Umts Upper Area Upper Area North South o 9 o 9 47 30 40 38 71 0 82 0 68 0 o 48 45 0 40 0 393 134 Total 9 9 91 173 125 82 68 48 105 40 750 1 DenSIty based on developable acres, does not mclude wetlands, buffers areas and steep slopes n u n u Page 5 Dragt/DeTray L.L.C. PRAIRIE VIEW A TradItIOnal NeIghborhood Development Conceptual Stormwater Plan A plan has been developed shoWIng a proposed stormwater management program meetIng the WashIngton State Department of Ecology Stormwater Manual cntena. The plan proVIdes for on-SIte management ofthe stormwater In specIfic management umts, "draInage basms", located throughout the commumty DragtIDeTray L.L.c. [] I I : _1T'fSTREEr 1fT , I -_. i! - "_'"'_'_"H_ ;>:. 2;' .; 01 ~ ~,l - - '-: - ~.- ~ i ~ , : % ~; -- --..~ - - i %, SJJTIimj [ J c--J [ J [J [ ] [" ] CJ [ J WET POND or 29.87~ C.f' INflLTRAnON AREA "F" 772 S.f 111--------.~r._::;=;::; ~ zz-- ,~~~,~~it~l-:\ \~ 11!i= ~IC--Il~% t=~I"-~i~ WlFIT[" \ \~ , ~"_ _ .o,el-iir, LU .. ,. 1=:" _,,-, ~ ." - Ie '0 IS=1It::-l!= =- ~,L-,"] ~IQTDJ~\ \~ \s'. I . I ~,' ~. _ "-. -' -:-; =III t- II! II I \3 I.~I -4 _,~ =_ _'~ ~ ,0 '0 ~ -' ~ ~ ~ =---' . -..".., ,. ~ ~ I -j _,--' ~--i -"- IT \\" t- , ._ ----'1=:1 _' -=j R ==i r---c1i I '" M \~: I "~.~ '}.I~I%!ffi'c% ' -JtH 11 II T n\ ' a_~_-;{ '%a;,>.~gg. S.~FI"':..f~.{.-,f.r$II~i11 I' ..~' , . . ,,'" _~"d1fU _) - ,';i "" '" ' "1i!;l~' ,,1'" m C; TT1 ~ ,. , II! "'~"fui,F 'l!'~~J ~ ORAl' "II ~,~ ~.. :,~ ~. a..~~-.~ASllrr 'M "'\~. ~ ~~ ~ ~ _ _" -;- mfi' ~~ ~I~ tT~!Ill.~.'~: - " ) 1---\ . ..~ _ "i\i ( \ ,::.-Jr' ~~8 S.L..' " l- .---' r- -I \ ' , \ ' \ ;:::::; I ., A :::: \__ ,,__ \_" " "w =-,~ ' E:::';\ ..,.-;)::Y. c.- ,," -- ~t,~..---. "'\, C- ,," - . ' ,L-- " . , _f:::::/c~___/---~-':-::::---:::::C- -::... ;.: ", ,; \~ \ . ,,'" ,~ ,Q \~ ..~ , - - - ~ C_ J [. ] [ ] CJ [ ] [ J L_J LJ CJ BERRY VALLEY RD. J II t;j w cr l- ll) I- Z ~ cr ::) Cl LONGMIRE ST " INFILTRATION ~ oVlQ .c" ... -605 S;F I , , I , \ \ , I NOTE: ROOF DRAINS SHAlL BE ROUTED TO SUlo.4PS ON EACH OF THE INDIVIDUAl LOTS. ~ STORlo.4WATER RETENTION POND .-::::" STORIoIWATER INFILTRATION AREA _ DIRECTION Of STDRlo.4WATER FLOW ?'!i~ ~~~NF5~~~0~:~~~~R~ T~~~~~; "\ .\ .\ .\ "- " I . , , , , , \ , I , , , , , , . , , , , , , , \ \ \ , -- -- ,::"""-",--"'"/'~"-"-"- "-.... '. ......... - , ... i i \, ,- ..------ \ I , , STDRlo.4WATER TREATlo.4ENT CONFIGURATIONS TREATMENT - RETENTION/DETENTION - INFILTRATION SWAlES WET PONDS BIOFlLTER SWALES IN OPEN SPACE OR BUFFER EDGE DRAINAGE SOIL SCS CURVE BASIN TYPE A B B B C B o A E A f C G C H C NUlo.4BER 90 90 2Q M 86 93 93 93 REOUIRED STORAGE VOLUME 61.837 C_~. 9.~8~ g. F- o 4 _. 61 673 C.f. 85.242 C_F. 29.872 C.F. 92907 C.F_ 117.838 C.F. LAND US \ PROPOSED IMPERVIOUUS AREAS 149,007 S.f. 192.014 S.F. 73.608 S.f. 162.728 S.f. 224.914 S_F. 67281 S.F. 209.251 S.F. 265.402 S.F. ~ ,. ... a t50 ..;., REOUIREO INFILTRATION AREA 1 710 S_~. 2.~~~ ~r: 1,867 S.F. ~!..2L 772 S.F_ 2401 S.F. 3.046 S.F. r - 150' [-~ ~ ~ i~I~I~ Ii ililf ... . - -- .-- --... ~.~~ ~PI d~ d ~U" ~ (l: 01 PAOJ. NO.: MOl , , REC' f-7'J'TED AUG 1 8 1999 THURSTON COUNTY J~Y:- .::. COUNTY COMMISSIONERS Judy Wilson District One Diane Oberquell District Two Kevin J O'Sullivan District Three "\W'!'61IL":_IRI~_n&lIiif._~ SINc;E 1852 ROADS & TRANSPORTATION SERVICES August 17, 1999 Lester Olson Director CathIe Carlson CIty of Yelm POBox 479 Yelm, WA 98597 SUBJECT MPD 98-8216-YL - Notice of ApphcatIOn Dear Ms. Carlson. I recently receIved the notice of apphcatIOn for the above subdIvISIOn consIstmg of over 3000 resIdential UnIts. The proposed development wIth an estimated PM Peak Hour tnp generatIOn exceedmg 3000 VPH appears to Impact County roadways. Therefore, It would seem appropnate for a traffic study to be submItted to address off-sIte Impacts from thIS development. Thurston County Development ReVIew requests the followmg: 1 Traffic AnalYSIS Scope of Work. ThIS can be accomphshed by the preparatIOn of a tnp generatIOn/tnp dIstributIOn analysis for review/comment by affected JurIsdIctIOns. 2 Traffic AnalYSIS ThIS shall be a detailed report contammg at a mInImUm tnp generatIOn data, tnp dIstributIOn map, intersection/roadway level of servIce and safety analYSIS. The scope of work will determme the content of the thIS analysis. Thank you for the opportunity to comment on the above referenced development. If you have any questIOns I can be reached at 754-3355 extenSIOn 7528 Smcerely, q!dtj1 --Iv ~~ fPO~ ~ MtY~~5 ~(1 ~- ) (lot tf: ~ t p/O+ti' I) V J 0 > 1/1{) -)1 IJ- ~00 0~t1v-', f(W w ~ tV01 c f Building #1,2000 Lakeridge Drive SW, Olympia, Washington 98502-6045 (360) 357-2493 Fax (360) 754-2939 * 6 A-6?~ Scott A. DaVIS ASSOCiate CiVIl Engmeer Development ReVIew DIVISIon SD:kc\S:\DEVREV\WP\SHARED\YELM\MPD98821 ,#01 cc Amy Kurtenbach, Development Services ~, City of Yelm , ~ 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 September 8, 1999 Scott A. Davis Thurston County Development Review Division 2000 Lakeridge Dr SW, Building #'1 Olympia, WA 98502-6045 Re MPD 98-8216-YL Southwest Yelm Conceptual Master Plan Dear Mr Davis Thank you for your comments regarding the above referenced project. At this time the City IS reviewing the application for conceptual master plan approval for a site that was Issued a conceptual master plan approval in October of 1994, which has sense expired The original approval was based on the Final Environmental Impact Statement for the Southwest Yeim Annexation, 1993, and the Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexation, 1994 Consistent with the original approval the project will be required to complete a detailed traffic analysis at the time of Final Master Plan Approval and/or specific development proposals At such time the City would appreciate your involvement in developing the scope of work for the traffic analysis If I can be of further assistance or if you have any questions please contact me at 458-8408 Sincerely, ().' ~~ UA-f Catherine Carlson City Planner PLANNING DEPARTMENT (x) PW Dir (x) City Admin. (x) City Planner (x) PWSecretary (x) Building Off (x)PWSupervisor (x) Mayor (x) Applitarit (x) Posted THE FOllOWING CASES Will BE CONSIDERED AT YElM CITY HAll, 105 YElM AVE WEST, IN COUNCil CHAMBERS MEETING DATE Wednesday. August 4.1999 1'00 m 130 m 200 m 2.30 m 300 m 330 m Prairie ViewlThurston Highlands Conceptual Master Plan Pre-submission meetings. Applicants and/or representatives are required to attend meeting Environmental Review/Site Plan Review: Staff review only, applicants and/or representatives are not required to attend. If you plan to attend, please notify the Planning Department at 458-8408. C '\MyFiles\Forms\WEEKSPR r ;- r '\6 '\5 '\4- '\ i- ',~~ , -d \; o:l 0 as ~ c: (\.l , .... ~ g ..... Cf) 93rd Ave - :-::: c: - 1: ::l U ~ , , , 2'\ 22 ~ 'i ~ '. i ~ ~ ~ -d \ ~ - ~ I 28 36 34- 33 sou'flIWEST Yf,LM ANNEXATION AREA ______n____,____\"__ -----------,----r--- I \ i I I \ OPEM I \ tl1 SPA~E: I ~ i \ I P ') I !Z I Q ! ~ ~~ f I I I ',:t: i I I+- ! I \ I I \ I OPEN \ / SPACE \ { \ .\ \ \ \ \ i \ i \ t, \ ~.A'/. ,J~ ~ ~~ /. rn_-- ! i i i i i i i i i i i i i ! i i j I i L ...-------..-------.--..-...----.--------.--.. RESIDENTIAL RESIDENTIAL NEIGHBORHOOD COMMERCIAL 111i1~1i1 12 ! 11111111~'i --I <( t= z w Q U5 w a: RESIIDENTJAL \ \ \ .... ", , " ...., OP~ SPACE .-."'-..__//"\ j i ."-'-'--" \ .. " \ ( \ J i \. ,/' I ~. i \ \ " '. " ',.... - - - I i i i i \ i i \ \ i i i \.'--'" i i : i J ' , . i \ \ . \ \ i ' \ . , I i ~..' J i - ~ - - -rTp':'~+ - - - ," ./' OPEN . _' _.....-u. .~. ---__ ,/ i _ _ - - - - - - ~_:.:.:.-.-.-.-.-. SPAcf'-'-'-'-'---'-'-'-:::',:"",, : c'-'-SPACE ~t:-::..:.:=::=:=--~~:----------_--_n------__________________~~~::_:~;,:.:,~,~_---_-~::"-------------.::..--:-~=~.~----- RESIDENTIAL LONGMIRE ST - - ! " i \ : \ I 1 ! i i i i ~ ~ ~ i i "" i , . '~ i \,. J i ......-. : ______n-.J ~ . n ... P"'"'"'""'! IS ....rev. ,- - -.... , , " -"".,., , '. , , 1 ->~-Hi''t''!''i'~:'i';'(' .-..hr,"', ;1,.< .....~*~~..~.1..-;\.'~..."""'l~~>i~ TYPICAL ENTRY BOULEVARD SECTION ~ THURSTON HIGHLANDS ASSOCIATION May 18, 1999 MASTER PLAN Lot Siu Quantity 60' x 73' 4380.sF 96 60' x 80' 4800 SF 170 70' x 80' .5600 SF 152 70' x 90' 6300 SF 752 70' x 100' 7000 SF 696 80' x 90' 7200 SF 674 70' x 150'+ 10,500 SF+ 126 2866UiUts Townhome Units Quantity 60' J. 150 _5 UnIts @ 1800SF Footpnnt Each 300 Units TOTAL RESIDENTIAL UNITS 3166 UNITS Commercial Area 3S.0AC 23.0AC School Sites lSAC&8AC Park Area 4AC&'6AC IO.OAe 18 Hole GalC Course Front9@S4AC Back: 9 & Pnctice Range (jJ 100 AC I84AC Disclaimer: Mater Plan assumes all slopes graded to allow loc developmenl, all roads within city grade limits, all wetlands mitigated by water features at golC COU~ GOLF COURSE Hole' Yards Par Hole It Yards Par I 542 YD Par .5 10 558 YD Par.5 2 416YD Par 4 11 360YD Par 4 3 20SYD Par) 12 463YD Par 4 4 426YD par4 13 186YD Par 3 .5 355YD Par 4 14 41SYD Par 4 6 183YD Par) IS 345YD Par 4 7 383YD Par 4 16 426YD Par 4 8 466YD Par 4 17 208YD Par 3 9 S,S8YD ParS 18 S70YD ParS Front Nine 3534 Yards 36 Par Back Nine 3531 Yards 36 Par Total Par 72 Total 7065 Yards PHASE 1 MASTER PLAN ~;'l;( S:,e 6300 SF l~an1t;~ 80' ;( 90' 7200 SF 252 . 341 366 - 500 Units TOTAL RESIDENTIAL UNITS 366 500 UNITS F.... TYPICAL PARKWAY SECTION NO SCAlE 2s:t,-l,.ot. (';;'do:) -- 1. I I 1000' ;_........,~... .. 2000' I ~ @L nn~~ O'~i~ ct [b i ffi~ ~ to8 ~ ~ ~ U~ -u In lil o C(5 . -10<( en~ 3: Q)3: - 1ai:5 .o~~ o en"C/) _ en ~ Qui <( ~ ~g~ ~~ I~~ Q)~ CJ~~ C!' -zw ~ I:5~ o Za~ .c._ OJ:iil I-;g ~zt;; ::l C/)oW .~ a:lii~ =S:I :J!5~ a:~ F!=~~ ;~ ~ ~ I~~;I~ i .i~llm "-"-"-"-':'-"," .._.._.._..\..._.~_.. ~ \ OPEl\J: , ~ SPA)'E I ,U-I I ,0:: \ ,p , ~ ~I 1'I!f~1 \ ~ I ~ ':x: I \ H-~ ' . OPEN SP\CE . \ \ , \ , \ , . , , \ \. ............. ',--- r" '. -- , .... \ .......... " -'....~,~ '.... 1 . opm \1 \ SPACt"-'"",--__/\ \ \ (-~j I \ ~1 ~, '\ .,. ..... I \ ",___~~ I \ \ ',- ............ I '\ " ... I ...') ..................... I ,.".,.. ............, : ~--~.:=.nP.EM-------- / / OPEN ......, ~ I _ _ - - - - ::-.,--- SPACE-----.---.-::............. : c:.:.:.'-SPACE J I -:\::-~~~:=:.:~~.._.._.._.._.._.._.._.._.._.._.._.._.~~~~::.;;:.:,~-_.._..~::>-.._.._.._..~===~~~.._.. ~:.._..~ r"-" j \ i i i i ..--..--...--..-...-...-....-...-...-..-...--..-....-....--.. RESIDENTIAL i i i i i i i i RESIDENTIAL ....J <( I- :z w o en w a: IIEII{EI Ii ! ,lll'l\I'lli' LEY RD RESIDENTIAL !' I' \, i ! [ " \ i i i ! ! ! i ! -= - 1- LONGMIRE 8T ~ . . .. . ~ .. I Sthool SUa ISACASAC hrt A.... "ACA.6AC JI Bole Goll Coant Proal' .MAC _,__PndkoJbnte. HlOAC 10.OAC . .-...-..- TYPICAL ENTRY BOULEVARD SECTION 'lli5"l!!:l!l' TYPICAL PARKWAY SECTION NO"'.... 252 . Lot_ (SO' dO') Ifjjl ~~ I ~~ ~ ~;i 'fOTAL RESIDENTIAL UNITS 3166 UNITS (7O'xf01' ~.- &* ~ .25tL." (7Oll100'). ~ I Ih --I Ih 111 THURSTON HIGHLANDS ASSOCIATION Ma,. 11. 19" MASTER PLAN ~tzs.:: 4380~r ~"t!t,. 6O'z8O' "UlQSP 1'10 70' z SO' 5600 SF 351 70' z 90' 6300 SF 752 '1fY"IOO' 7tlOOSP 696 10' z 90' 7200 Sf 67" 70" I. 150'+ 10,500 SF+ 126 ~ ~~l~r: ~;~ts. llOOSl" t'Wtpn~ ~.~~II~ Commerd.1 Ara 35.0AC 23.0 AC IS4AC 'l~Joi- ,tm'01 DIscI.lmen Maaer Pbn a:ssames aD slops pdallO dow klc dndopment. aD roads within city snde limits, aD WCllands mltfpted by 'IflItcr Ceatures If JOIC come. GOLF COURSE Rolt , Yard, Pu Hole' Yard, Pu I 541 YO Pu,) 10 ~aYJ) Par,) 2 ..16YD Par" II 360YD Par" 3 205m Par 3 12 46) YO Par" .. ..26m Par" 13 I86YD Par 3 .5 35.5YD Pat.. I" "ISYD Par" 6 I83YD Par) 15 34SYD hr" 7 333 YD Par" 16 "26 YD Pat.. a 466YD Pat.. 11 20IYD ParJ 9 33am Pat.5 11 S71)yt) ParS "rent NIne 353.. Yards 36 Par Back mile 353J Yards 36 Par TOUI'hr'n Total 7065 YardJ PHAsE 1 MASTER pLAN ~tz S:t 0300 SF J<J:~f11t;~ SO'z9O' 1200SP ~:r~Uni13- -- TOTAL RESIDENTIAL UNITS 366. SOO UNITS I I I 0' 1000' ~ -.. """ .... ... ........ - ... - ... - ._-:-;;...--_.._.._...._-~----_....7...._..._....l I \ I . " (_____\ ' " /\ i \' /" I' \ \ ,,' . Ji ,,', ): " I : ,/ ; (' ~'/ : i i / / ~ \ / wi // tt~.~ mU/ / / 0.. ~ 0.. <!.! " / 0 en ./--.... 0 ~ I r \J' / _/ i ~./ r /', I ~ " ,.,,,, \ .------ " --- ' -................ ---- ...,,-- M31^ 3iiTIVHd NVld 1N3Wd013^30 In\ II -- ... 1t1lIil101I\I......""'.. . dvv'; . ...--... lOrN 8 " I i i I i I i i ~ , , ~ i i i r 'II /y I .. I II I I' I ( i I ! , ,/ i I i I , i i ,f . I I i , I : I J I I I : I I I 'I : I I I , Iw i mu : <!.I h 0.. : 'I en ! , \ i I ' I , i I \ ' 1\ i ,\ , I \ i \ \ : I \ I ,\ ' I \ i \ \ : I i I I \ : I I! , " ,I! , I' I \1 _____________.________'J \ . Cl a:: >- w -I l- (/) w a:: ~ C) z 9 -- -- .. .- -- -. -- .- ... .- ... - -- -- -J <!. i= z w w a: L_____ i : w ~2_~---- , w <!. ! 0.. 0.. i Oen : ~. I -- , : )i33H:)'N~\-\~z w - "", , r-- w~" ! ----------"'~g, --- i- - i i i lVIlN301S3H -J <( i= z w C US w a: 0.... 0< 0- :I:U 0::0:: OW OJ~ :I:~ ~O ~U -I < i= z w o (j) w ex: r- L_______________________________________u____u__________n-_.-- TYPICAL ENTRY BOULEVARD SECTION ~ THURSTON HIGHLANDS ASSOCIATION MI' 11, 19" MASTER PLAN Lot SIn Ounllty 60' I 73 4JIlO 5P 96 (11'2.10" 4100SP 170 1O":l1Cr .5600 SF 3S2 10' J: 90' 6300 SF 752 70' I 100' 1000SP 696 10" I 90' 7200 SP 674 70' x 150'+ 10.500 SF+ 126 ~ ~7~~~:~~.lawSff1)OtpnfttExb t.~~I~ TOTAL RESIIlEllTlAL UNITS 31" UNITS Coauaerd.1 Am ~hool Slta l'ACAIAC Pori< A... 4ACA6AC II Bole Colt Count P,ad." AC _9~_R>a...looM; ].s.OAe 23.0 AC IO.OAe IS4AC Dlsclalmen MIIIct I'taftassumcs aD slopcs pdcd 10 aDow Icic ~ aD roads within city pcIe limits. all wetlands mitipled by Wlter (catm:I at JOlt COQl'1C, GOLl' COURSZ Holl , y.,d. hI' RoI, , y.nt. I'll,. 1 ~2YD Par, 10 .15SYD Par, 2 ..Him Par" 11 360YD Par" 3 20SYD Par 3 12 463 YO Par" .. ..26YD Par" l3 186 YO Par 3 .s :WYO Par4 14 .USYD Par4 6 113YD Par) U J.43YD Par. 7 383YD hr" 16 426YD Par4 I 466YD Pat.. 17 208YD Par) 9 ,.sam Par.s II S70YD ParS Front Nine 3534 Ynd, 36 Par Blck Nine 3531 Yards 36 Pu Totti Par 12 Tobl 7065 Yards PJIASE 1 MASTER PLAN ~tx ~.. 63oo,sF It~nlt;1 ~I90' noosp ~:~UniM TOTAL llESIDENTJAL UNITS 366 - 500 UNITS .. ..-.,..-,.- ~Ti Ifill ~~ I ~~ ~ TYPICAL PARt<:-NAY SECTION NOse..... 252 Lots (lO'dO') ~'dO,. ~ l~J"" ~ . 251 i.... (7Ox1001 ~ D Jh -II lu III ~~piO. ~1 -- I I I O' 1000' :2000' .... ... ... ...- .... -- - - ...,... ------- G .....-- M31^ 3iiiiVw ..n NVld 1N3Wd013^30r. I II -.. - -l <( I- Z w I- en w a:: :E C) z g .- -- -- ~- -- -. -- .- .. -- .- -.. .- .- __1I\1l"""'lIIl" . .",.-,... . .. ~V t . . ~JIImI 8 " .....-7----...--..----,-,------....7.....-..-.....l , \ I . " (____' \ " ,,/"\ i I \ \ , / J; I '" \ , ) I \ ) I, I /: , I , / " r""/ ~' / ...' ; f / , " ' /~L-/ " /a..a.. , ,. Den " I / ........-/ i i i i i \ i i j " ' ~ i i ~ '\ I /y ,'~ I /, / I i , ! ' I / i Ii, ,i i ,! , ,I i " ' 'i i 'I : I I I I I : I I I ,'W: I I mu : <(I h 0.. \ '\ en ! I I i I \ : \ \ I I \ ' \ \ i I' , I \ i \ \ : \ \ ! I \ i \ \ ; \ i I ~ \ j \ I' t\! I I' 1'\1 ..__________..________,J I 1 w 0:: L_____ i : w L-2-{:)-,",----- : W<( -- ! 0.. 0.. i 0 en , ...-' ! ~~~~.. : .J.33l:l:l.tJ~H:l: z ~ ' , , , r- W~' : ' - ' 'C:.. 0.. ! _---,----- Oen !' , - - - i i i lVIlN3a1S3H -l <( i= z W c Ci5 W 0:: 0-1 0<( 0- :I:U a: a: OW al~ :I:~ S:20 ~U -I <( ~ z w o U5 w a: r L__________________.._.._.._.._.._..__________._________________. IO.OAC 11I:.....,,-.,.... TYPICAL ENTRY BOULEVARD SECTION ~ TYPICAL PAR'rW-IAY SECTION ""eo..... 252 Lots (lKI'xJO') Ifill ~~ f ~~ ~ TOTAL RlSIDl!NTIAL UNITS 3166 ~ (TO'd01' f;J- 6 --.,,- ~ :.LO"(7llx1001 I D Ih ~u Jilil ill THURSTON IDGHLANDS ASSOCIATION Ma, 11. 1'" MASTER PLAN Lot SIz. Quantity 60' :I 73 4380 S.t' 96 60":110' ..IOOSP 170 10" :ISO' 5600 SF 352 10' .. 90' 6300 Sf' 752 10' :1100' 7000SP 696 80":190' noosp 67. 10' :1150'+ JO,jOO SF+ 126 "1W'Uiiiti ~71~~ ~:'~lsQ 1~:iFJ~nt!:.ldl ta~~~Z Commerdal Af'III School SUn 1.SAC.tSAC hrt.Ara .AC,t6AC 11 Hole Golf Coara: Pront9.M/t.C Ba:t9APncticeIbn.. JOOAC Dbclalmm MIller P2an assumes aD slopes pded to .now lot dlm:1opnent. aD roads within dry srw:Ie limits, an Wdbnds mitipted by water reatm:l at roIf COlll"JC, GOLF COVRSlt Hot. , Yard. hr BoI. . Ynd. hr I S4:.zYD l"at5 10 ~8YD Par 5 2 ..16YD Pat.. 11 360YD hr. 3 205YD,..3 11 46:)Yt> hr.. .. "'26YD Par" 13 186YI> Par 3 , 3S5YD Par" I" ..15 YO Par" 6 I!3YD Par 3 15 34SYD Pu4 7 3!3YD Par" 16 .QSYO PIr. I .t6iSYD Pai'" 17 20IYD Plr3 9 s.slYD PUS 1& mID Par, Front NlIte 353" Ynds 36 Par But Nine 3531 Yards 36 PIr 3'.O/t.C 23.0 AC t34AC r~):Ola i7U'xi01 Tob\ hr 11 ToW 7065 Yuds PHASE 1 MASttR PLAN ~\ ~. 6300 Sf' /i~anlt~'l SO' :I 90' 1200 SP ;Stl: ~ Units TOTAL RESIDENTIAL UNITS 366.500 UNI'TS I j I 0' 1000' 2!:Y:X1 , ;' \ .~" ~ . \. STAFF RECOMMENDATION TO CITY COUNCIL CITY OF YELM SOUTHWEST YELM CONCEPTUAL MASTER PLA.N October 12, 1994 MEMORANDUM TO' Mayor and City Council Members, City of Yelm FROM Staff, City of Yelm RE. Conceptual Master Plan, Southwest Yelm DATE. October 12, 1994 Based on the record before the Planning Commission, the findings and conclusionr of the Planning Commission, the testimony and record before the City Council, and the environmental review, the staff recommends adootion of the Conceptual Master Plan for Southwest Yelm as provided in the Planning Commission'B Findings and Conclusions, with the following modifications 1 The following paragraph shall be inserted as paragraph 4 C 4, page 7 of the Conclusions. If, after the complete build-out in any particular area within the Master Plan area, the City determines that the net density in that particular area is below the maximum net density allowed for that area, any remaining unused density may be transferred in the form of dwelling units to another property owner within the Master Plan a,rea, subject to approval by the City Nothing in this paragraph shall be deemed to allow development in excess .d 1 of the overall maximum of 5,000 dwelling units in the Master Plan area. . \ <<1 ' ''-\ ~ 2. Paragraph 4.0.1 of the Conclusions, page 7, shall be modified to read as fOllO~.!~~ LA' ~f j; );~fJa ~ This conceptual Master Plan approval requires the ~t~~f-two~eJ~) \91\ vi}- Essential Utility and Transportation Corridors. The - . will serve r:l v the park site and school site on the northern boundary and the commercial property throughout the remainder of the Corridor. The second essential ,; . , "< '~~. ;:. corridor is the main loop road that connects to State Highway 507, loops through the Thurston Highlands Associates parcel, intersects the Y-1 Corridor, follows Berry Valley Road and connects to State Highway 510 at Killion Road The main loop road corridor will be constructed as a t18oulevard" under the Minimum Street Design Standards proposed for adoption in the City's proposed Development Standards 3 Paragraph 4 D 3 of the Conclusions, page 7, shall be modified to read as follows The City is considering the options available for financing the construction of the Essential Utility and Transportation Corridors The projects will each be constructed as complete water, sewer and street projects Those options include a latecomer agreement, a Local Improvement District or a combination of botll. In order to ~eep all options availabie, approval of the conceptual Master Plan is conditioned upon two requirements First, the City and the two major property owners in the Master Plan Area, Thurston - Highlands Associates and the owner of Rainier Estates property, as well as the Rainier Estates developer, must enter into an agreement to waive any and all protests to any future latecomer ordinance/agreement and Local Improvement District. Second, Thurston Highlands Associates must initiate and circulate an LID petition for financing the construction of the main loop road corridor within 30 days of Conceptual Master Plan approval by the City Council. If for any reason the L.l 0 fails or is determined by the city to be impractical, the Corridors shall be constructed on the basis of a latecomer agreement/ordinance. If the Corridors are constructed pursuant to a latecomer agreement, the City intends that the main loop road corridor will be constructed and financed in phases concurrent with development. Any such phasing will, however, provide that any portion of the main loop road that is not fully constructed to City development standards will, until such time as it is so constructed, be constructed to sub-grade elevation with a . 1:lffaee for the entire remaining length of the --right-af-way d 0\~./')~1\ p. aragraph 4 0 4 of the conclusio. ns, page 8, shall be modified to read as. !ollows Ii, '\ JV,tt l- j/X ()~t d1JI. /w)><} ~. c:J . l;}i llm!, dedication of the Y-1 Corrido~ a ~ · 0 ~w IV\) \. th~ln~{j~ potentJal future I '!;}fGVemenrto-a-Stat-.:J . 0 (}J Jv V\ Highway,,..-the_Qit!31ill-impose-a-flffY-five----(55J-f06fSetb-?~-ectc~ltie , \ 1(' of the/(jedicated right-of-way. This will ensure that structures are not , \\ constructed in the area that could potentially serve as the State Highway. VJ In the event that the City determines that there is no reasonable likelihood that the Y-1 Corridor will be constructed as a State Highway, the setback will be reduced to the standard setbacks required by the City's zoning ordinance for the particular zoning designation. 5. Paragraph 4.0.7 of the Conclusions, page 8, shall be modified to read as follows' 2 J: ,'_ '. J}~ fflr~ iU " ' ..' IV Ie \~ V ~ Th~rston Highlands Associates and Rainier Estates (or ~ner of the -,,~U -Ralnter-5states-prop-erty} shall enter into an agreemEt'nt amending the \n v SouthwestYelm Annexation A ee ent to provide for a Budget OIs\l'ibUtion and Payment Schedule for Vle fina cial contributions /to the Wastewater Reuse Program required by!such Agr ement. Such aQlreement Sh~~ also establish that such financial contributi ns shall be paid from a letter of c~from each party, Jnd establish a wastew1er Reuse Bud ~~~~~e, with the sole tdsk of adVisin~the City and the Department of ~ co logy as~o the distribution of funds fo~he 5Jlwaste . ater Reuse Study uch agreement shall be igned and executed by 0 ober 17, 1994 and uch letters of'credit, or cashier's check to II amount of each arty's obligation uch agreement, shall be delivered to the City by he close of business on October 19, 1994 " 6 _ Paragraph ~(D/\8 of the Conclusions, page 8, shall be deleted and replaced with the 'ang~a~111 \Y-J l X,) I\~~t~'n Highlands Associates shall, as a condition of approval, enter into ~. IV~ an agreement with the City to grant easements, a lease or a license to the ~ City, or a combination thereof, to make use of its property for land 1\ cf}J ~ application and storage of wastewater, in a mann " reco e by the I (J .---IN-a-Sfewater Reuse StudY' J '. 7 Paragraph 4 E.1 of the Conclusions. page 9, shall be modified to read as follows CommercIal development in the 30-acre commercial tract along the Y-1 Corridor of the Southwest Yelm Conceptual Master Plan area shall be limIted to a total of 330,000 square feet of commercIal floor space to be phased with development as follows a Rfteen thousand (15,000) square feet of commercial floor space Will be allowed inItially upon final Master Plan approval b The remaining 315,000 square feet of commercial floor space will be allowed after the construction of 1,250 dwelling units (25% of the total dwelling units allowed) in the entire Master Plan area, ~ y..s:ars-fl:em-tf:l.e data of fiAa/.-..Master rlon approval, wMichever--is- ..eaf.lt.efY 8 Paragraph 4 E.3 of the Conclusions, page 9, shall be modified to read as follows Commercial development within the five (5) acre commercial designation near the clubhouse in the Thurston Highlands Associates ownership shall be developed according to the City's commercial zoning code. Commercial development in this area will be modeled on a neighborhood village concept. 3 , 9 Exhibit C attached to the Findings, Conclusions and Recommendation of the Planning Commission shall be modified by inserting in Phase 17 the following in place of "Commercial (165,000 sf buildings)": "Commercial (330,000 sf, .see Paragraph 4 E.1 as modified by the City Council)". The acreage for Phase 17 shall be increased from 15 acres to 30 acres. 10 Paragraph 4.0.2 of the Conclusions, page 8, shall be amended by adding the following at the end. Such reciprocal easement shall be signed and executed by all parties by October 29, 1994 C:\WP!51 \51 \.I1B\ST -REC.MP 4 \ '\ , \ / A P PEN D I X 1 FINDINGS, CONCLUSIONS AND RECOl\11\1ENDATION SOUTHWEST YEl.J.\1 CONCEPTUAL MASTER PLA.J."'{ PLANNING COl\1l\1ISSION CITY OF YELM CASE NillvffiER: MP-l PROJECT: SOUTHWEST YELM CONCEPTUAL MASTER PLA..J.~ APPUCANT. THURSTON IDGBLANDS ASSOCIATES SUM::MAR Y OF REC0111vfEi'IDATION: Tne Plannmg CommissIon of the City of Yelm recommends approval by the City Council of the City of Yelm of the' Southwest Yelm Conceptual Master Plan and Conceptual Zomng Plan, subje~t to modificatI.ons and conditions. PUBLIC HEARING: \~Y After reviewmg the applicauon, sue plan and envrronmental checklist ~( ~ubmitted by th~ ~pplican~ the Planmng ComrnisslOn held a public heanng on July 18, ~(jJ. \J ~ '. 1994. TillS puolic heanng was enended to the next regularly scheduled Phmnmg . 1jJ:omrmsslon meetIng on August 1, 1994. Tne Planmng Comrmssion held a public wor.k i sessIOn on August 4, 1994 at a specal meeting of the Planning Commission. (..../"' L'NIRON1Y.t:El'ITAL REVIEW: \ In February of 1993, the City of Yelm published an Environmental Impact , '~ fl, Statement for the annexatlon and development of the Southwest Yelm area. That EIS ill ..S) considered the unpacts associated with annexatlon as well as vanous conceptual ~ ~Mevelo~ments scenarios. With this ~xtensive environmental review in place, the ~ity , detemnned that an addendum to the Fmal EIlVll"Onmental Impact Statement would satISfy the need to review additional information and analysIS for tlus conceptual master plan review. On July 11, 1994, 'the City of Yelm issued an Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexatlon. Based upon the eVIdence submitted, the testImony g1ven~ and the analysIs of staff, the Phmmng Commission makes the following: FINDINGS: Onf'iVrDY~ Ii /~r4ncl:~n %1\)11.-; , f'f.'l VlLQA-. I mstrJ\tln""JM dlJ I WJ0\tJ crtwn ~~j)W'-~VlUl WV'L(LWLif v 1 1. Thurston Highlands Associates is the lead applic\int requesting apptoval of tbetJJi J I Southwest Yelm Conceptual Master Plan. The Master Plan area encompas~es -~1~ ~,860 acres and is located n~~est of, S~,_'~~~! 5~~__s~~~~~~L~f,-~-= \(J)jl~ Lewis reservation. The Master Plan area conSIsts of 37 ownership/parcels planned together as a single planmng unit. 2. The Master Plan submittal includes text, maps and an environmental checklist. The Master Plan map shows proposed land use deslgnauons, major transportanon crrculation routes, major physical charactenstics on the property, proposed phases, and property ownerslnp boundanes. The applicatJ.on follows the City of Yelm's Master Plan Ordinance requrrements. 3 The Master Plan area was annexed to the City of Yelm on November 23, 1993 Pnor to annexation, the area was zoned under the County's Rural Resource ReSldentlal 1/5 zomng deslgnanon. The Master Plan area is currently zoned as RA..-5A under Section 17.40020(c) of the Yelm MUIDClpal Code, wlu.ch also allows one unit per 5 acres. 4. Conceptual Master Plan approval is the first step m the Master Plan process. The purpose of conceptual reVIew and approval IS "to establish general land use policies to guIde detailed planmng for and development of the Master Plan area.. The Conceptual Master Plan shallldentJiy the generalized land uses, transportatlon and Ctrculanon routes, and se=Vlces proposed for the sue." Sectlon 5(A), Yelm Master Plan ReVIew Ordinance. ReVIew of the Conceptual Master Plan IS performed first by the Planmng Commission and then by the City Councll. ReVIew is as follows: e Plann1ng Commission shall re" . the application for c pleteness and, if It deterrmn that the proposed Master Plari' consistent WIth the Co A reheUSlve Plan and the City's and policies, :ommend approval by the City . g ComnusSIon determines that the proposed Masre an 15 not so cOIlSlStent, it may either demand for mo . ca' specifically identtfied or recommend denial by the lty Coun Conceptual approval by the City Council, on a reco dation by the Planning Commis . on, shall consist 0 amendment to the Comp henslve Plan and an amendmen the offiClal zoning S~5(3).- 5. The effect of Conceptual Master Plan approval is as follows: Upon conceptual approval by the City Council, the proposed Master Plan boundaries, proposed use distncts, transportation FINDINGS, CONCLUSIONS AND RECO:M:MENDATION PLANNING COMMISSION - CITY OF YELM - Page 2 routes and case file number shall be identified upon the official zoning map. These districts and routes shall only be effective upon approval of a Master Plan meeting the requirements of Conceptual Approval and this Ordinance. ~(D). 6. The Planning Commission held public heanngs to consider the Conceptual Master Plan on July 18, 1994 and August 1, 1994. Wntten comments were receIved through August 15, 1994. 7 The original Conceptual Master Plan subrmttal shows a planmng area ill excess of 200 acres in a single ownerslup. The Plan also proposes a nnxture of uses }ncluding single family reSIdential, multi-family residential, general commerCIal, neIghborhood commercial, and public facilines including schools, parks and water system facJines. The applicant proposes to serve the entrre Master Plan area WlID public services including transportation, water, sewage, storm drmnage, other utilines and open space. Tue subnnrtal includes two proposed eIghteen hole golf courses and an eXlStmg public golf course, all Intended to be mamtamed as quaJ.ified open spa~. The subIDlttal also includes t\Vo school SItes, totalling 23 acres, and a five (5) acre park site. The subrmrtal mcludes an area proposed for community servic~ and commerCIal, for the purpose of SIring fire, police, or other governmental services, If needed. The SUbIIDttal does not include any proposed industrial uses. 8. Tne SOUIDwest YeIm Conceptual Master Plan submittal proposes the accommodation of 5,000 dwelling umts, the number also used for consldermg impacts in the EIS. Tne Master Plan currently COnslSts of 108 acres of multl.- family and 948 of single family. 9. The City intends to analyze densities on the basis of dwelling units per net developable acre. "Net developable acres II are the number of acres remaining after subtracting from gross area all land that is unbuildable because it is envrronmentally sensitive, park site, open spac~, transportation or utility comdor, or for any other reason is incapable of supporting development. 10. The applicant has proposed two areas for commerC:..a1 uses. The first is an area near the intersection of the proposed Y -1 Corridor and the internal main loop road. within the Plan area. The applicant currently proposes the designation of 51 acres as General Commercial in this area. The P1anning Commission received testimony expressing concern over the scale of commercial development in the Southwest Yelm area as a potential threat to existing commercial businesses within the current City of Yelm. A phasing plan for the buildout of commercial development FINDINGS, CONCLUSIONS AND RECO!dMENDATION lJT A NNTNn rnMM!ssrnN - CITY OF YELM - Pasze 3 ~.- in the Master Plan area was suggested in conjunction with this testimony. The r "1 Q ~lanning Commission heard testimony from the applicant that a severe lirmt on the \~ 7:/.: . L. scale of commercial structures would preclude any reasonable market for the :\ \-J ~ ~ A commerCLa1. property. The applicant proposed a linnt of 400,000 square feet of .~ \:.;'0....\ commercml space in the Y -1 Corridor area and a cap of 40,000 square feet for one .~ ~~'1 mmerCIal structure. The applicant would be agreeable to a phasing plan for the ~ buildout of commerClal space m the Y -1 Comdor area. The Master Plan subffilttal . ) also proposed the deslgnatI.On of five (5) acres near the clubhouse as CommerCIal ry , Service. The Staff Report has recommended that commerCIal development in the commercial distnct near the clubhouse be linnted. The applicant has acqmesced to an overall linnt of 12,000 square feet of commerCIal space WIth a linnt of 3,000 square feet per commerCIal structure In the clubhouse area. The Master Plan map has shown the deslgnatI.On of a 16 acre parcel on the property owned by Bosequette as General Commercial. Staff has recommended the replacement of tins designatIon Wlth mu1n-family on the grounds that the addinonal commerCIal area is not necessary to serve the Southwest Yelm area and would unreasonably - compete WIth and draw market share from the eXlstmg busmess core of the City of Yelm. 11. The City is in the process of amending its Open Space and Park Ordinance to provide for the dedicatI.on of open space in the amount of five percent (5 %) of net built area in single family designauons and ten percent (10 %) of net built area in multi-family designauons. Applying the proposed amendment to the Open Space Ordin.ance, the followmg approxnnate dedicatI.ons of open space will be requrred: Tnurston Highlands AssocA.3.tes - 56 Acres RaJmer Estates - 11 Acres Other Parcels - 16 Acres Some concerns among Pl:mn!ng CommisslOn members were raIsed that the pnvate golf course on the Thurston Highl::mds Asso~~tes parcel should not be included in the open space calculations because the golf course will be a private golf course. 12. e The Master Plan submittal proposes that the Plan area be serred entirely by public and private utilities, including sewer, water, ~, telephone, and cable TV. 1JDWotr The applicant has shown the possible location for a future State Highway known as the Y -1 Corridor. The applicant has shown the route for an internal main loop road through the Plan area. The applicant has shown the dedication of right-of- way access onto the Fort Lewis niilitary reservation in the locations shown on the Master Plan map. FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COM:MI.SSION - CITY OF YELM - Page 4 14. exation 0 the Southwest Ye~, the applicant signed ~ agreement obliga pay the costs of ~A:ity' s Wastewater Reuse Program "to the extent a' b 0 the annexed ~ea. The City has obtaIned a Centenmal~lean W. r Act grant tha equIT7a:10cal matching share. Staff has detenmned th e applicant's share is fo ~nt (40 %). Staff has notrfied the applicant at percent (50%) of i57:share 1$ aue by August 15, 1994. Staff reeo en.d~ as a condition of ZGnceptual Master Plan approval, tlus payment ~. 0 ~e_mad. ~, ~ Wastewater I3-euse Program will require ~eas of open land for t~rrngatJ..on. I. e pr'0.posed O".er! course ill the Thurston Highlands AssoClates \ ?wners~p lsLfen-sili ey~r s?ch applicanon. Staff recommends that the mstallatlon of rater ~ sewer lines necessary to serve the Plan area, as well as .( all the pertInent fa~ues, e constructed ill phases concurrent WIth development. ~ ~s such, staff 1us6 recomme. ds that, pnor to final Master Plan approval, the Ciry I1f ~ _ adopt an ord~ce requinng' tallation of sewer and water lines ill phases as well vr~~ as a. ~c6mer [agreement provi ,. ng for the re::.mbursement of the costS of such V"\\ ins~tI.on, als? ill phaseEJ '\ Tne Planmng ComnnSSlon received testlmony from the Yelm Commumty Schools that the proposed populauons ill the Plan area would require the constructlon of approXilllately seven new schools. The applicant has proposed two new school SIteS. CONCLUSIONS: 1. The Southwest Yelm Conceptual Master Plan IS consistent Wlth the Master Plan ReVIew Ordinance, Ordinance No. 495 of the City of Yelm, except to the extent necessary to modify the Plan as proVlded herem. 2. The environmental review and documentation prepared by the City of Yelm for the Southwest Y elm Conc~ptual Master Plan adequately describes the project, the impacT.3 and potential mitigation. The Addendum to the Fmal Environmental Impact Statement for the Southwest Yelm Annexation, issued on July 11, 1994, satlsfies the State Environmental Policy Act and rules promulgated pursuant thereto. Pamcular project specific impacts and mitigation will be identified at the time of development review and approval.. 3. The Staff Report accurately descn'bes the projec~ background mfonnation, applicable regulatory requirements, and analysis of staff concerns WIth the revisions noted herem. The Staff Report is attached as Exhibit A, and incorporated herein by reference. 4. The Phmning Commission recommends approval of the Southwest Ye1m Conceptual Master Plan by the City Council of the City of Yelm subject' to the FINDINGS, CONCLUSIONS AND RECOM11ENDATION \ "P1" .A NNTNG ("(')MMTSSTON - rTrY OF YEI..M - Pa.5le 5 following conditions. These conditions are imposed to mitigate impacts identified by staff during Master Plan Review and Environmental Review. The recommended conditions are as follows: A. Zoning. (1) Zoning in the Southwest Yelm Master Plan area shall be as deSIgnated m the attached Exhibit B, Southwest Yelm Conceptual Zomng Plan. (2) The Conceptual Zoning Plan reflects the follOWIng changes from the last verSlOn of the applicant's Master Plan map: a. ConversIOn of approXlffiately 13 acres north of Berry Valley Road from smgle family to mulu-family. b. ConversIon of 16 acres' owned by Bosequette from commercal to muln-family No other recommended changes to the last verslOn of the applicant's Master Plan map were detenmned to be of ment based on planmng cntena. B. Phasm~ (1) The Southwest Yelm Master Plan area will be developed ill phases as generally outlined in the attached Exhiblts C, D and E. C. DensltJ.eslDwellinll Umts (1) Tne total number of dwelling units allowed in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling units. This overall maximum is further allocated to each ownership within the Master Plan area according to the attached Exhibits C, D and E. (2) The mimmum number of dwelling umts in the Master Plan area shall be computed on the basis of 3.5 dwelling units per net developable acre. Net developable acres IS the land measurement remaining after subtracting open space, environmentally sensItive areas, parks, transportation and utility corridors, and any other unbuildable area. The minimum density shall be applied and enforced according to the minimum dwelling units allowed by the attached Exhibits C, D and E. FlNDINGS, CONCLUSIONS AND REC01{MENDATION PUNNIN"G CO:M:MISSION - CITY OF YELM - Page 6 (3) Accordingly, therefore, development in the Southwest Yelm Master Plan shall be between 3,946 dwelling units and 5,000 dwelling units. D. Transportation and Utilities (1) This conceptual Master Plan approval requrres)J1e establishmen~ f two EssAtial Utility af!\Transportallon Q'orludors. Tne/Y- Corridot w1ll serve the!parJG site and scho& Slt~\ on the notrhern I \ .--:;\ I I boundp.ry anCd the commercIal property throughout the rem~der of the Cbmdor \ The sedond essennal comcfur 105 the \m3.1n loop road that bonnects ~o Stat Highwa~ 507, 1 6ps through the jrnurston HigrD.ands ASSOCIates parcel, iJtersects the Y -1 Co~d_of' follows Berfy Valley Road d connecis to te Highway ~ at Killion RoJd. (2) de Planning CommisSlon reco=ends the followmg mechamsm for / dedicating the Essential Utility and TransDortation Comdors. All j p~operty ~wners whose property will be b~dened by the Co.:ndors \\ will ex.ecute a recmrocal easement for the Comdors that will ~ve ~ ~ - C'\1). ~Jach property owner the nght to use the Comdor on every oilier ~ ~;~ property. The easement will be ex.ecuted prior to Ciry Council :-y anoroval of the Conceptual Master Plan. The easement will glve each property owner the nght to dedicate the entire stretch of the Comdor to the City in conjunction with Final Master Plan approval. Dedication will be required as a condition of final Master Plan approval. . ad . ti n 0 the easement, the Planning CommissIOn reqUITes a rn~ _: -' -greement, wherem Conceptual Master Plan aDurova:rfu1~ City Co/ ncil will ~L conditirled On execttion of te "'1 /1 .. I F / / I ~I re~Drocalleasement. ,Fa purposes of the;' \ciprocal easement! e \4 I \ / ~ / \ j ! \ / Comdors Will.~. be described generally as ;shown on the Conceptu \. I / \ I ,.\' ;. \ / \ /. \ Zoeg P~. ___Eor purposwof nn~MasteI''} Pl~ appr5~ the Comdors will be fixed by the mechamsm descnbed m the reCIprocal easement. (3) The maHN~;nroad running fr0~\the southwest l~e northeast In the Malter . area shall be c6DStlfcted accor~g t~ an ordinanlZe, adopteh prior to final Master Plan ~pproval, reqhi.rin)g that the J!bad be de~eloped in 'p,hases associdted wlth developrhent. \ In those 1reas wherd the road ~\not yet corbtructeh in full tal serve\ developfuent, the ~oad will be construJred to \ sub-gradb elevation vftth a maintenance coarse~UIfacJ for the en~e 17'fu~ining \lengtlj of the right~f-way. The Cl~ also ne~~ and adoptvtecomer agreement for the construction of this road in a manner that provides FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COM:MISSION - CITY OF YEI.M - Page 7 E reimbursement according to the phases of construction. The applicant shall, as a condition of this approval, agree to WaI.ve any and all protests to any such ordinan~ and latecomer agreement. The dedicanon of the Y-l Corridor will be a siaq:y (60) foot right-of- way to the-City In or erio allow the poteflhal ~ture im~, ement to a s&te Highway, the \City will imp;se a ~-five (55) foot seth tk from 'each ide of\the dedic .(ed right-0tz:f-W TIns.~ \ - \ \. ens e that stri.1 es are I ot con cted in ili.e ea that couy.d tenti.ally serv \ the State ay. (5) Pnor to final Master Plan approval, the applicant shall proVlde the dedicauon of the access pomts shown on the attached ExhibIt B, Conceptual Zoning Plan. ~f\{~ \6) All development withm the Master Plan area will be served by the ~ ~" \::i City o~ Yelm's sewer a;'d water systems. All costs ?f such servIce (~ ~ ~~~ eX:C:TISlon and co. nstrucr.:-on shall be borne by the appli~ant. All such U v~ utility servIce mstallauons shall be deSIgned and construcred m ~ '0, accordance wuh the requrrements of the City of Yelm, the ) Deparonent of Ecology, the Department of Health, the applicable Fire Distnct and any other agency Wlth junsdiction over such utiliues. (7) (8) e local. nor to\ urston \ ill the , under (9) The City will allow development of the Clubhouse and Restaurant in the Thurston High l~nds Associates ownership on an approved septic FINDINGS, CONCLUSIONS AND RECOM1vfENDATION PUNNlN"G CO:M11ISSION - CITY OF YELM - Page 8 system that is compatible with future hook-up to the sewer system, to the extent allowable by the Thurston County He Code. CommerCIal Development Commeroal development along the Y -1 omdor of the Southwest Yelm Conceptual Master Plan area all be lirmted to a total of 165,000 square feet of floor space th no more than 40,000 square feet of commercial floor space J 'butable to anyone commercIal tructure. The total of 165,~ square feet along the Y-l Comdor s be phased WIth develo ent according to the follo'\V1ng phasing pI a. ifteen thous d (15,000) square feet of commercIal floor s ce will allowed until the construction of 1,250 dwelling e entire Master Plan area 13 complete. ~ ?I~ ;t' - (2) " b. An addi nal fifty thousand (50,000) square feet or cemmer6al oar space will be allowed after the constructIon of 1,250 dwe1' g umrs ill the entrre Master Plan area, but before the cons tron of the Y-l State Highway. An addiuonal one hun d thousand (100,000) square feet of commerc::.al floor space be allowed after the construc:ron of the Y-l State Highwav. - " Ac ass to uch commercIal development from the main loop road shall . ted to no less than 300 feet from the intersectlon of such ro the ~.bwn:y. No access to such commercial d elopme t will be allowed from the ~~. (3) Commercial development Wltlun the five (5) acre commerCIal deSIgnation near the clubhouse in the Thurston Highlands Assocrates ownership shall be limited to a total of 12,000 square feet of commercial floor space Wlth no more than 3,000 square feet of commercial floor space attributable to anyone single commercal structure. Commercial development in this area will be modeled on a neighborhood village concept. F. Open Space and Parks (1) Development within the Master Plan area shall comply with the City of Yelm Open Space Ordinance, as amended. Currently proposed FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 9 r amendments to the Open Space Ordinance require the dedicanon of five percent (5 %) of net built area in single family deslgnatlOns and ten percent (10%) of net built area in multi-family deslgnatJ.ons. Thurston Highlands ASSOcIates shall dedicate the currently shown 10 acres of park in two 5 acre parcels concurrent WIth development according to the City's level of service standards. See ExhibIt C. (3) In order to qualify the pnvate golf course in the Thurston Highlands Associates ownerslup as open space, the applicant must establish that ,/ mamtaimng it as a pnvate open space sansfies all of the cntena of the Open Space Ordinance, other than dedicatI.on, and that It serves the purposes of the ordinance. A pnvate open space must be accessible to eIther the general public or the reSIdents of the partI.cular development. The Planning CommiSSIOn recommends that Thurston Highlands ASSOCIates select among the folloWlng required altemauves: a. open the golf course membership to the general public or reSIdents of Tnurston Highlands ASSoclates; create a system of trails throughout the golf course and dedicate such trail to the City for public use; or dedicate an additional fifteen acres of park: to the City under the terms of the Open Space Ordinance, as amended. Although actual dedication will occur at the time of development, the Conceptual Zoning Plan and Conceptual Master Plan Map shall show the reservation of an additional eleven (11) acre park on the Rauner Estates property. Parks dedicated in the remaimng parcels shall be in the amounts calculated pursuant to the Open Space Ordinance, as amended. (5) The applicant shall obt2in from Thurston County all necessary permits for crossing the trail recently acqurred by Thurston Counry from Burlington NortheI'Il(~Mt\?Qj G. Schools (1) The Conceptual Master Plan map and Conceptual Zoning Plan should show the reservation of a total of three school sites for future dedication or purchase. The applicant has shown one fifteen (15) FINDINGS, CONCLUSIONS AND RECOMMENDATION PUNNIN"G COMMISSION - CITY OF YELM - Page 10 acre school site and one eight (8) acre school site, both on Thurston Highlands AsSOClates property. The maps should show a third school site of at least eight (8) acres on Raimer Estates property. (2) The siting of all school sites within the Master Plan area shall fully comply with the standards imposed by the Superintendent of Public InStructlOll for the SIting of school SItes. (3) In the event that any of the school sites reserved pursuant to tIns Conceptual Master Plan are detemuned by the School DIStnct or the City of Yelm to be unacceptable for the development of a school site, the School Distnct may elect to waive the reservatI.on and accept a voluntary agreement ill lieu of such school SlIe under the terms of RCW 82.02.020. (4) T.o.e school SItes reserved pursuant to this Conceptual :iYfaster Pian are not intended to serve as full compliance WIth any requrrement that the City or the developer make adequate proVISlons for schools (i.e., impact fees, voluntary agreements, dedicatIons, etc.). The reservations are intended to be rmmmum provisIOns that form the startmg place for ensunng that the rmpacts of any development in the Master Plan area are adequately Inlhgated. H. Environmental ReVIew (1) Tne mitigating measures idenufied in the Final Environment Impact Statement shall be satisfied III the development of the Southwest Yelm Conceptual Master Plan. Those nutrgatmg measures are adopted herem by this reference and made a part hereof. T. Procedural Issues (1) This Conceptual Master Plan approval does not include or imply aPJ?roval of specific development proposals such as subdiVISIOns, plats, site plans, or planned resident1al developments. Such specriic development proposals shall be subject to the laws and regulations otherwise applicable, with the additional requirement that they also shall satisfy all conditions of this Conceptual Master Plan that apply. (2) The Southwest Yelm Master Plan shall be reviewed by the Planning Commission every five years after the effectI.ve date of the City Council's action on the :final Master Plan. The purpose of the review is to determine whether substantial completion of FINDINGS, CONCLUSIONS AND RECO:M:MENDATION PLANNING COMMT~~nN - C1TV OF 'V'PT M - "p~(7P' 11 --------- development is proceeding according to the Phasing Plan and whether such development is satisfying all conditI.ons of Master Plan approval. If development is not proceeding as planned or the conditions are not being met, the Planning CommissIon may eIther extend the reView penod or ternunate the Master Plan approval according to the terms of the Master Plan Review Ordinance (3) Any major modification to the Master Plan will requrre Planmng Comrmssion approval in accordance WIth the Master Plan ReView Ordinance. (4) Each of the major planmng areas (Thurston Highlands ASSocIates, Rainier Estates, and Other Parcels) may proceed mdependently WIth final Master Plan approval, provided that the ove1'all requrrements of this Conceptual Master Plan approval are satIsfied. (5) This Conceptual Master Plan approval shall take effect upon the executI.on and recording of a Conconntant Agreement pursuant to conclusion 4.D. hereIn. RECOM1vfENDA nON: The Planning Commission of the City of Yelm recommends approval of the Southwest Yelm Conceptual Master Plan by the City Council of the Ciry of Yelm as modified and WlID the conditI.ons of approval recommended herem. The Planning ComnnsSlon recommends adopllon of the Conceptual Master Plan as an amendment to the 1985 ComprehensIve Plan for the City of Yelm and the adoption of the Conceptual Zomng Plan as an amendment to the City's existmg zomng map. According 0 the Master Plan ReVIew Ordinance, such amendments will not be effective until final Master Plan approvaL PASSED AND APPROVED this 15 thday of Augus t , 1994. 11><1 ~~= Tom Gorman Chauman (Acting) City of Yelm Planning Commission FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING C011MISSION - CITY OF YELM - Page 12 SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Tnurston Highlands ASSoclates Ownersmp Total Area: Wetlands: Golf Course:1 Par.k:1. Schools : Water Tanks: MaID LDop Road: Reuse/recycle storage:~ Net Developable Acres: Requrred Open Space:" 1,240 62 370 10 23 2 30 30 713 55.7 Acres Acres Acres Acres Acres Acres Acres Acres Acres Acres 1{immum Densll:Y: M1mmum Dwelling Umts: Maximum Denslty: Maximum Dwelling U mts: 3.5 U mts/Net Developable Acre 2,500 Dwelling U mts 4.44 Umts/Ne~ Developable Acre 3,166 Dwelling Units PopulatI.on Estimate: 11inimum - 6,250 Maxunum - 7,923 Phases: PHASE I DESCRIPTION ACRES I , Phase 1 4,000 sf golf restaurant; - 150 seats Phase 2 Single Family 71 I Phase 3 I Single Family 34 Phase 4 Single Family 43 Phase 5 I Single Family 31 I Phase 6 Single Family 52 \ Phase 7 Single Family 35 I Phase 8 Single Family 55 I Exhibit C ~~ Phase 9 CommmerClal (12,000 sf 5 buildings) Single Family 15 Phase 10 I Single Family 17 Phase 11 I Single Family 42 I Phase 12 Single Family 60 I Phase 13 Single Family I 48 I Phase 14 I Single Family I 54 I Phase 15 I Multi-Family I 32 I Phase 16 Single Family I 68 I -Phase 17 Commerclal (165,000 sf 15 buildings) I TOTft.lS. I 713 I On-Site Improvements: A. Roads 1. Main Loop Road a. Execute reciprocal easement and conCOITIltant agreement, for eventual dedic3.tlon, pnor to Conceptual Master Plan approval. b. Construct paved roadway to grade according to City of Yelm road specrficatlons to the clubhouse in phase 1 concurrent with development of phase 1. c. Construct paved roadway according to City of Yelm road specmcations for each phase adjacent to the roadway concurrent with such phase. d. Construct unpaved roadway to sub-grade elevation WIth a maintenance coarse surface, according to City of Yelm road specifications for remamder of roadway not servmg Development. 2. Y -1 Corridor a. Dedicate 60 foot nght~f-way With 55 foot setbacks. b. Construct sixty foot roadway according to City of Yelm specifications concurrent with adjacent development. The entire roadway shall be SOurHWEST YELM CONCEPTUAL MASTER PLAN Summary of Rainier Estates Ownersmp Total Area: 262 Acres Wetlands: 50 Acres Mam LJop Road: 8 Acres School: 8 Acres Park: 1 11 Acres Net Developable Acres: 185 Acres Mimrnum DensIty. 3.5 UnitsfN"et Developable Acre Mimmum Dwelling Umts: 648 Dwelling Umts Maxunum DensIty: 4.44 UmtslNet Developable Acre 1-faxunum Dwelling U mts: 822 Dwelling U mts Populanon Esnmate: lYfimmum - 1,620 Maxunum - 2,055 Phases: PHASE I DESCRIPTION I ACRES I Phase 1 I Single Family I 25 i I Phase 2 I Single Family I 14 I Phase 3 I Single Family I 20 I Phase 4 I Single Family I 16 I Phase 5 Multi-Family I 15 I I I I Phase 6 Single Family 4," I ,.) Phase 7 I Single Family I 13 I Phase 8 MultI.-Family I 13 I Phase 9 Single Family I 26 I TOTALS. I 185 I , Calculated pursuant to Open Space Ordinance, as amended by current proposal. Exhibit D B. constructed concurrent with development on the proposed school site, unless already constructed. Sewer and Water 1. Develop clubhouse/restaurant m phase 1 on approved septI.c dramfield and STEP tank: designed for future hookup to City of Yelm sewer system. All other development shall be directly served by the City of Yelm sewer and water systems. 2. Install sewer collectlOn and water maln lines along entI.re route of Main Loop Road on-sIte when easement IS dedicated and sewer and water capac:ty are available. 3. Thurston Highlands ASSocIates ('IRA) has assIgned water nghts applicauon. THA., and its successors and asSIgns, shall bear all the costs of testmg, drilling, momtonng, processillg the applicao.on and any other cost of successfully obtaimng water nghts on the basIS or the e:nsung applicatIon. 1. See Condusion 4.F..3. in text regarding c.'ioic~s on open sjJaca dediC2tion. 2. Oedic;ated in 5 acre parcels conC'-lrrem with development of first 6 places. See Conc!usion 4.F ..2. 3. OediC2ted to the City ccnC'-lrrent with development as shown in Final_Master Plan approval. 4 Cdlcuiated pursuant to Open Space Ordinance. as amended by C'-lrrent proposaj. SOUTl:iYVEST YEL.V! CONCEPTUAL ?vlASTER PLAN Summary of Other Parcels Total Area: Wetlands : Golf Course: Par.k:1 Net Developable Acres: 358 29 86 16 228 Acres Acres Acres Acres Acres :Mimmum DensIty: Mimmum Dwelling UIDts: Max:unum DensIry: Maxmlum Dwelling U IDrs: 3.5 UmtsINet Developable Acre 789 Dwelling U mts 4. ~~ U mtsIN et Developable Ac:re 1, 0 12 Dwelling U mts ~ PopulatI.on Esnmate: Development program Mimmum - 1,973 Ma.umum 2.,530 10 - 20 years I I I O~"'ER DESCRIPTION ACRES I Steadman Single Family 15 Propeny Doyle I Single F2111.i.1y I 38 I i Propeny I Muln-Family I II I Bosequett I Single Family I 19 I Property Multi-Family I 14 I An Other I Single Family I 94 I Parcels Muln-Family I 26 I I TOTALS. 228 I , CaJcuJated pursuant to Open SpaC2 Ordinance, as amended by current proposal. '. ExhibIt E On-Site Improvement: A. Roads - Main Loop Road 1. Execute reciprocal easement and concormtant agreement, for eventual dedication, pnor to Conceptual Master Plan approval. 2. Dedicate 120 foot nght-of-way 3. Construct paved roadway according to City of Yelm road specmcatJ.ons for each phase adjacent to the roadway concurrent WIth such phase. 4. Construct unpaved roadway to grade according to City of Yelm road specIDcanons for remamder of roadway not se:rvmg development. B. Sewer and Water Install sewer collection and water mmn lines along entrre route of Main Loop Road on-site wheil easement is dedicated and sewer and water capacIty are available. r . p On-Site Improvements: A. Roads - Mam Loop Road Construct paved roadway according to City of Yelm road specifications for each phase adjacent to the roadway conC;Jrrent WIth such phase. B. Sewer and Water Install sewer collectlon and water mam lines along entrre route of Mam LJop Road on-sIte when easement IS dedicated and sewer and water capacity are available. STAFF RECOMMENDATION TO CITY COUNCIL CITY OF YEL\i1 SOUTHWEST YELM CONCEPTUAL MASTER PLAN October 12, 1994 MEMORANDUM TO' Mayor and City Councii Members, City of Yelm FROM: \, Staff, City of Yelm \ RE: Conceptual Master Plan, Southwest Ye!m DATE. O""'ober .. 2 100d ., ~,. """~/"'lrn;;.v - ,-, I, """'" - T - ,.,. "Vl'" ")'r"'~/W - i.z,a-t bk :v Based on the record berore the Planning Commission, the findings and conc!usions cf the Planning Commission, the testimony and record before the City Coundi, and the environmental review, the staff recommends adootion or the Conceptual Master Plan rer Scuthwest Ye!m as provided in the Planning Commission's Findings and Conc!usions with the following modifications: 1. The following paragraph shall be inserted as paragraph 4.CA, page 7 of the Conclusions: If, after the complete buiid-cut in any particular area within the Master Plan area, the City determines that the net density in that particular area. is below the maximum net density allowed fer that area, any remaining unused density may be transferred in the form or dwelling units to another property owner within the Master Plan area, subject to approval by the City. Nothing in this paragraph shall. be deemed to allow development in excess of the overall maximum of 5,000 dwelling units in the Master Plan area 2. Paragraph 4.0.1 of the Conclusions, page 7, shaH be modified to read as follows: This conceptual Master Plan approvaJ requires the establishment of two Essential Utility and Transportation Corridors. Tne Y-1 Corridor will serve the park site and school site on the northern boundary and the commerc:a1 property throughout the remainder of the Corridcr. The second essential EXHIBIT ~ - \ ~ <. .~.~ '"' . " . corridor is the main loop road that connects to State Highway 507, loops through the Thurston Highlands Associates parcel, intersects the Y-1 Corridor, follows Berry Valley Road and connects to State Highway 510 at Killion Road. The main loop road corridor will be constructed as a "Boulevardl/ under the Minimum Street Design Standards proposed for adoption in the City's proposed Development Standards '/'3- I / / ~ ~/ Paragraph 4 0 3 of the Conclusions, page 7, shall be modified to read as follows' The City is considering the options available for financing the construction or the Essential Utility and Transportation Corridors The projects will each be constructed as complete water, sewer and -street projects. Those options include a latecomer agreement, a Local Improvement District or a combination of bot!1. In order to Keep all options availabie, approval at the conceptual Master Plan is conditioned upon two requirements First, the City and the two major property owners in the Master Plan Area, Tnurstcn - Highlands Associates and the owner of Rainier Estates property, as well as the Rainier Estates developer, must enter into an agreement to waive any and all protests to any future latecomer ordinance/agreement and Local Improvement District. Second, Thurston Highlands Associates must initiate and circulate an LI D petition for financing the construdon of the main loop road ccrridor wIthin 30 days of Conceptual Master F!an approval by the City Council. If for any reason the LJ 0 fails or is determined by the city to be impradicaJ, the Corridors shall be constructed on the basis of a latecomer agreement/ordinance. If the Corridors are constructed pursuant to a latecomer agreement, the City intends that the main loop road corridor will be constructed and financed in phases concurrent with development. Any such phasing will, however, provide that any portion of the main loop road that is not fully constructed to City development standards will, until such time as it is so constructed, be constructed to sub-grade elevation with a maintenance coarse surface for the entire remaining length of the right-of-way. /4./ Paragraph 4.0.4 of the conclusions, page 8, shall be modified to read as follows' I ./ V The dedication of the Y-1 Corridor will be a sixty (60) foet nght-or-way to the City. In order to allow the potential future improvement to a State Highway, the City wiil impose a fifty-five (55) foot setback from each Side of the dedicated right-of-way. This will ensure that structures are not c'onstructed in the area that could potentially serve as the State Highway. In the event that the City determines that there is no reasonable likelihood that the Y-1 Corridor will be constructed as a State Highway, the setback will be reduced to the standard setbacks required by the City's zoning ordinance for ttle particular zoning designation. 5. Paragraph 4.0.7 of the Conclusions, page 8, shall be modified to read as follows: 2 ht:~/~f~ '~\"\i'~; ~:!),:~~:\~, . . (. { Thurston Highlands Associates and Rainier Estates (or the owner of the Rainier Estates property) shall enter into an agreement amending the Southwest Yelm Annexation Agreement to provide for a Budget Distribution and Payment Schedule for the financial contributions to the Wastewater Reusa Program required by such Agreement. Such agreement shall also establish that such financial contributions shall be paid from a letter of credit from each party, and establish a Wastewater Reuse Budget Committee, with the sole task of advising the City and the Department of Ecology as to the distribution of funds for the Wastewater Reuse Study Such agreement shall be signed and executed by October 17,..1B.94 and such letters of credit, or a cashier's check for the full amount of each party's obligation under such agreement, shall be delivered to the City by the close of business on October 19, 1994~ , JI~ :rK,/- 't? -;;;:::..... z:=- 6. _ Paragraph 4.0 8 of the Conclusions, page 8, shall be deleted and replaced with the language' Thurston Highlands Associates shall, as a condition of approval, enter into an agreement with the City to grant easements, a lease or a license to the City, or a combination thereaT, to make use of its property for land application and storage of wastewater, in a manner recommended by the Wastewater Reuse Study. 7 Paragraph 4 E.l of the Conclusions, page 9, shall be modified to read as follows. Commerc:al ceve!coment in the 30-acre commercial tract alona the Y-l . - Corridor of the Southwest Yelm Conceptual Master Flan area shall be limited to a tctal of 330,000 square 'feet of commerc:al floor spe.ce to be phased with development as follows a Fifteen thousand (15,000) square feet of commerc:al floor space wiil be allowed initially upon final Master Flan approval b. The remaining 315,000 square feet of commerc:al floor space wiil be allowed after the construction of 1,250 dwelling units (25% of the total dwelling units allowed) in the entire Master Flan area, OR, 5 years frcm the date of final Master Plan apprcval, whichever IS earlier 8 Paragraph 4 E.3 of the Conclusions, page 9, shall be mcdified to read as follows Commerc:al development WIthin the five (5) acre commerc:al designation near the clubhouse in the Thurston Highlands Associates ownership shall be developed according to the City's commerc:aJ zonrng code. Commercial development in this area will be modeled on a neighborhood village concept 3 t ( , '0 "- 9. Exhibit C attached to the Findings, Conclusions and Recommendation of the Planning Commission shall be modified by inserting in Phase 17 the following in place of "Commercial (165,000 sf buildings)": "Commercial (330,000 sf, .see Paragraph 4 E.1 as modified by the City Councilt. The acreage for Phase 17 shall be increased from 15 acres to 30 acres. 10. Paragraph 4.0.2 of the Conclusions, page 8, shall be amended by adding the following at the end: Such reciprocal easement shaIl be signed and executed by all parties by October 29, 1994. C:\WP~l~lUiB\ST~EC.MP 4 \ ~ \ ;/ '- t A P PEN D I X 1 FINDINGS, CONCLUSIONS AND RECO:l.V!l\1&'IDATION SOU'l'l:i WEST YEL.Y! CONCEPTUAL 1'Y!ASTER PLAi'i PLA.l~G COl\1lVlISSION CITY OF YEL.\1 CASE NUMJ3ER: 11P-l PROJECT: SOtJIJ:l. WEST YELM CONCEPTUAL jyL~STER PLA.J.~ APPLICAJ.'IT. THURSTON IDGHLANDS ASSOCIATES SUM:M:AR Y OF RECO:M11El'IDATION: T.ae Planmng Commission of the City of Yelm recommends approval by t.fJ.e Cirv Council of the City of Yelm of the. Southwest Y elm Con~~tual1'faster Plan and .. - Con~ptual. Zomng Pl~ subject to monifiC3.tions and conditions. PtJ"""BLIC HE.~1UNG: A.J.':"~r reviewing the application, sue plan and errvll"onmental cb.ec:<"1;Q submitted by the appiiCaI14 the Planmng CommissIOn held a public hear...ng on July 18, 1994. TillS puolic heanng was exre:lced to the next regularly scb.eduled Pl::mn1ng Commission meermg on AU~..lSt 1, 1994. Tne P12nT11ng Commission held a public work session on August 4, 1994 at a spec:al meettng of the P1::mmng Commission. L~VIRO~-:ME.:.~lAL REVIEW: In February of 1993, the City or Yelm published an Environmental Impa~ Statement for the annexation and develonment or the Southwest Yelm area. Tnat EIS ... considered the impac+..s assoc.ated with annexat!.on as well as various conceptual developments sce:12.rios. With this extensive environmental review in place, the City determined that an addendum to the Final Environmental Impact Statement would satisfy the need to review additional information and analvsis for this conce-otual master- ulan review. On July 11, 1994, the CIty of Yelm issued an Adde:ld~m to the Final Environmem:al Imnac: Statement for the Southwest Yelm Annexation. Based unon the e..,iden~ suOIIlltte-d, the testimony gi'Ve~ and the analysIs of staff, the Pla.nnmg Commission makes the following: FINDINGS: 1. T.n.urston Ei~;,l~nd.s Associates is the 1e:ui applicant requesting ap.J?.!'oval of the Southwest Y e!m. Conc=ptual Master Plan. The Master Plan area. encompas~e:3 1,860 ac:-es and is located nonhwest of State .Highway 507, southwest of the ~ .' , ~ Lewis reserva~n.. The Master Plan area. consists of 37 ownership/parcels planned together as a single planning unit. 2. The Master Plan submittal includes text, maps and an environmental checklist. The Master Plan map shows proposed land use designations, major transporL3.tIon circulation routes, major physical charactenstics on the property, proposed phases, and property ownership boundaries. Tne applicatlon follows the City of Ye!m's Master Plan Ordinance requirements. 3. Tne Master Plan area was annexed to the City or Yelm on November 23, 1993. Prior to annexanon, the area was zoned under th.e County's Rural Resource Resldent1al 1/5 zoning designatIon. Tne Master .Plan area. is currendy zoned as RA-5A under Section 17.40 020 (c) of the Yelm Mumc1pal Code, wlnch also allows one unit per 5 aC...es. 4. Concentual Master Plan annroval is the firS! ste'O ill the Master Plan -oracess. Tne .... - - - .- purpose of conceptual review and approval 13 "to eSTablish general land use policies to guide der::liled planmng for and developmem: or the Master Plan are2.. T.n.e Conce'Omal. Master Plan shall identifv the 2:e:1eralized land uses, tra.I1SDOrl2.ilOn . . - - and c..rc~at:.on routes, and ser'"llces proposed for the sHe." Sc~::.on 5(A), Yelm Master Plan ReVIew Ordinance. ReVIew of the Conceprnci Master Pian 15 peri'ormed first by the Planmng Comrmsslon and then by the City Council. Re"llew 13 as rollows: The P1ann-ing Commission shall re"liew the applicauon for completeness and, if it determines that the proposed Master Plan 13 consiste:J.t Wlth the Comprehe:lSlVe Pla."'1 and the Cirri s other plans and policies, recommend approval by the City Counc~. If the Planmng Commission dete":.l~llnes that the proposed Master Plan is not so consiste:J.t, it may either demand for modifications specifically idemiiied or recommend denial by the City CounciL Con~ptu.a1 approval by the City Council, upon a re::omme:J.dation by the Planning Commission, shall consist of an amendment to the ComnrehenslVe Plan and an amendment to the omoal zoning: . - map. Section 5(B). 5. The effect of Conceptual Master Plan approval. is as follows: Upon conceptual approval. by the City Council, the proposed Master Plan bound<3ues, proposed use districts, transportation FINDINGS, CONCLUSIONS AND RECOMMENDATION PUNNING COMMISSION - CITY OF YELM - Page 2 6. 7. 8. @ 10. C,-,i" \., -I ~~\ 71~'" l l_ routes and case file number shall be identified upon the official zoning map. These districts and routes shall only be effective upon approval of a Master Plan meeting the requirements of Conceptual Approval and this Ordinance. Section 5 (D). The PI:lnn;ng Commission held public hearings to consider the Conceptual Master Plan on July 18, 1994 and August 1, 1994. Written comments were rece::.ved through August 15, 1994. Tne OIi~nal Conceptual Master Plan submittal shows a planmng area in excess of 200 ac:es in a single ownershio. The Plan also "Oro"Ooses a minure of uses - - . . _including single family residenual, multi-family residential, general commercial, neighborhood commercial, and public facJ.iries including scb.ools, parks and water syste:ri facJiries. Tile appli~ proposes to se:-ve the e~ore Master Plan area WIth public servIces including transponanon, water, sewage, Storill dramage, other utilities and open space. Tne subnnrtal incluces rw.o proposed eIghteen hole golf courses and an e::nsnng public golf c::m...-r-se, all intended to be mamt2ined as cu.a.lified ODen. s"Oace. Tile submittal also includes t\VO scb.ool sires, toralling 23 - ...... - ac:-...s, and a five (5) ace park site. Tne submittal includes an area proposed for community se:-vice and commercial, for the purpose of siring fire, police, or other gover::une::lIal se:-vices, if needed. Tne submittal dces not include any proposed indus-rr...al uses. Tne SouthwesT: Yeltn Conceptual Master Plan subIDlLcl proposes w.i.e ac::ommcdancn of 5,000 ciwelling unirs, the number also used for conSlce::-.ng impac:s in the EIS. Tile Masre:- Plan c:JJ..l.e~tly COnsISts of 108 ac:es of muitI.- family and 948 of single family. The City inte~ds to analyze densities on the basis of dwelling units per net developable acre. liNe: developable acres II are the number of aces remaming after" subrracnng from gross area all land that is unbuilciable be~:lUse it is environmentally sensitive, park sire, open. space, ~....nsponarion or utility cor:cidor, or for any other reason is IDcapable of suppomng developme:1I. The applic:mt has proposed two areas for comme::r...al uses. Tne first is an area ne:rr the inte:section of the proposed Y -1 Conidor and the internal main loop road within the Plan area.. Tne applicant cm:rently proposes the designation of 51 ac:es as Ge;le=al Commercia1.in this are3... The pbnn;ng Comrn;~sionreceived testimony e;qJressing ~n~--n over the scale of comme......caI development in the Southwest Yelm. area as a potential threat to eAisting commerd.al businesses within the c-.1I:I'e:rt City of Yelm. A phasing plan for the buildout of commercial. developme:rt FINDINGS, CONCLUSIONS AND RECO~ATION PT A NNTNG r()7vfMT~~(\1\T _ rn-v ~'l:' V1:'T '\,( _ 'O.,<TA -: ---------. ( .'. in the Master pk area was suggested in conjunction Wlth this testimony. Tne Pl~nn;ng Commission heard testimony from the applicant that a severe limit on the scale of commercial structures would preclude any reasonable market for the commercial property. The applicant proposed a limit of 400,000 square f~t or commercial SlJace in the Y-1 Conidor area and a caD of 40,000 souare feet for one .. -- commercial structure. The applicant would be agreeable to a phasing plan for the buildout of commerClal space In the Y -1 Comdor area. Tne Master Plan sub1!llttal also proposed the deslgnanon of five (5) acres near the clubhouse as Commerc-..al Se:rYl~. Tue Staff Report has recommended that commercial development In the commercial district near the clubhouse be limited. The applicant has acqmesced to an overall limit of 12,000 square feet of commercial space WIth a linnr of 3,000 square feet per commerc:a1 structure ill the clubhouse area. L1e Master Plan map has shown the designatlon of a 16 acre parcel on the property owned by Boseauette as General Commercial. Staff has recommended the re"01.a~=nenr of .. .. this designation with multi-family on the grounds that t.i.e additional commerc:al. area is not necessary to serve the Southwest Yelm area and would unreasonably - comcete with and draw market share from the e::nsting- busmess care of the C:r=" - ..... - ~ of Yelm. 11. The City is in the process of amending itS Open Space and Park Ordinance to provide for the dedication of ope:.t space in the amount of five percenr (5 %) of ne~ built area in smgle family deSlgn2.tlons and terr percent (10 %) or ne~ built area m multi.-family deSIgnations. Applymg the proposed amendmenr to the Operr Space Ordinance, the followmg approximate dedic:inons or open space will be reqUITed: Tnurston Highlands .A...sscc.ates - 56 Ac:::-es Ramier Estates - 11 Ac.:.es Other Parcels - 16 Aces Some concerns among PbnT11T1g Commlssion me=nbers we;:e raJ.Sed that the pnvare golf course on the Thurston High I ~T1rj~ Assoc~s parcel should not be included in the ope::l space c31cu1ations because the golf course will be a pnvate golf course. 12. Tne Maste= Plan submittal proposes that the Plan area be ser"led entirely by puolic and private utilities, including sewer, water, elec:nc:ty, telephone, and cable TV. 13. The applicant has shown the possible location for a future State Highway known as the Y-l Corridor. The auolic:mt has shown the route for an inte:nal main loon .. .. road through the Plan area. The applicant has shown the dediC:ltion of right-of- way acc~s onto the Fort Lewis niilitary reservation in the locations shown on the :.Master Plan map. FINDINGS, CONCLUSIONS AND RECO:M:MENDATION ?LAJ.'fNlNG C011MISSION - CITY OF YELM - Page 4 I,.," r :' ,'1,'>!.~t;;;~t t~..- 'I ;~ir:,\;i:\i~"Jl'\;'11_ r;'f'1:\;! .,,~ ( ( !'~l~' 14. In conjunction with the Annexation of the Southwest Yelm area, the applicant signed an agreement obligatIng it to pay the costs of the City' s Wastewater Reuse Program to the exte:J.t attributable to the annexed area. T.ne City has obtained a c.entennial Clean Water Act grant that requrres a local matching share. Staff has determined that the applicant's share is forty percent (40 % ). Staff has notified the applicant that fifty perce:J.t (50%) of its share 1$ due by August 15, 1994. Staff recommends that, as a condition of Conceptual Master Plan approval, tins payment first be made. Tne Wastewater Reuse Program will require areas of open land for irrigation. The proposed golf course ill the Thurston Highlands Assocates ownersm:O' is well-suIted for such apnlication. Staff recommends that the . -~ installation of water and sewer lines necessary to se::-Y'e the Plan area. as well as . - . all the pernnent fa~..liues, be constructed in phases ccnc~em WIth development. As such., staff also recommends tha~ pnor to final jy:[aster Plan approval~ the Ciry adopt an ordinance requiring inst~ nation or sewer and water lines in phases as well - as a latecomer a!ITee:nent nroVldinz for the reimburse:ne:J.t of the costs of such. - . - ins!::! Ihrion also in Dhases. , ... 15. Tne Plannmg COmIIll$$lCn received testim.onv from the Yelm Commumrv Sch.ocls - . . that the proposed populations In the Plan area would requrre the consrrUC:lon of a-oproximatelv seven new schools. The anolic::m.t has Drocosed r.vo :1ew school --.. -...... .. SIteS. CONCLUSIONS: 1. The Southwest Yelm Conceptual Master Plan is conSsi:e:1t with tl:e lYfaster Plan Re"n.ew Ordinance, Ordinance No. 495 or the Ciry cr Yelm, except to the ex:erlt ne~ssarv to modiiv the Plan as urovided herem. . . . 2. Tlle en.vironmental review and doc.mlentati.on prepared by the Ciry or Yelm for the Southwest Yelm Conceptual Maste:- Plan adequately desc:ibes the proJec:, the impac+..s and potential mitigation. T.ne Addendum to the Fmai Envrronmental Impact Statement for the Southwest Yelm .A.nnexati.on, issued on July 11, 1994, satisfies the Stare Environmental Policy Ac: and rules promulg:.red pursuant thereto. Parric~ project spec::fic impac:s and mitigation will be idenniied at the time of development review and approvaL 3. T.ne Staff Report ac~JI'ately desc:ibes the projec:., background mformanon, applic:ilile regulatory requirementS, and analysis of staff conce::lS wuh the revisions noted herein. T.ne Staff Report is attached as Exhibit A, and incorporated herein by refe..~nce. 4. The Planning Commission recommends auoroval of the Southwest Yelm - .... Con~ptu3l Master Plan by the City Council or the City or Yelm subject' to the Flli'"DINGS, CONCLUSIONS AND RECO:MMENDATION "PT _A NNTNG ("nMMTSSTON - rrrY OF YELM - p~~ 5 ------ ( following con\rtions. These conditions are imposed to mitigate impacts identified by staff during Master Plan Review and Environmental Review. Tne recommended conditions are as follows: A. Zoning. (1) Zoning in the Southwest Yelm Master Plan area shall be as deslgnated in the attached Exhibit B, Southwest Yelm Conceptual Zomnz Plan. (2) The Conceptual Zomng Plan reflec:s the followmg c~anges from the last version of the applicant's Maste= Plan map: a. Conve=Slon of approxi...'11ately 13 ac:::-es norJ1 of Be::ry Valley Road from slllgle family to mulu-family. b. Convemon of 16 ac:es owned by Bose~uerte from comme=c:al to muln-fa.'TIiiy No other re::ommended c~anges to the last ve=sicn or the applicant's Yfasre= P!an map were deteillllned to be or me::t based on piar....'1ing C:1!e::a. B. Phasmg (1) T.o.e Souiliwest Yelm 1-faster Plan area will be developed m phases as gene=aIly outlined in the art.ac~ed Ex..iiolts C, D and E. C. DenslueslDweUinz UnitS (1) Tne total number of dwelling units allowed in the Southwest Yelm Master Plan area shall not e;;:~ed 5,000 dwelling units. Tills over-dl maximum is furJ1er alloc:rted to each ownership within the Master Plan area according to the attac~ed Ex.iibits C, D and E. (2) The minimum number of dwelling units in the Master Plan area shail be computed on the basIS of 3.5 dwelling units per net developaole ace. Net developable ac:es is the land me~ure:nent re:nain:ing af~: subtracting open spa~, environmentally sensitive areas, parks, transportation and utility comdors, and any other unbui1dable are:l. The minimum density shall be applied and e:1forced ac::ording to the minimum dwelling units allowed by the attached Exhibits C, D and E. FINDINGS, CONCLUSIONS AND RECOMMENDATION PUNNING COMMISSION - CITY OF YELM - Page 6 'i."~.:,,, Jl.,' fl"~':' ~ \. t ~l,. " (3) Accordingly, therefore, development in the Southwest Yelm Master Plan shall be between 3,946 dwelling units and 5,000 dwelling units. D. TransTIortation and Utilities (1) G (!j) This conceptual Master Plan approval requires the establishment of mo Essentlal Utility and TransportatIon Comdors. Tne Y-l Corridor will serve the park sire and school site on the northern boundary and the commercial property throughout the remamder of the Comdor. T.ne second essentlal comdor IS the mam loop road thar connec~ to State Highway 507, loops thrqugh the T.nurston Eigblands Associates parcel~ intersects the Y-l Con:dor, follows Be::::;:y Valley Road and connects to State Highway 510 ar Kii1ion Road. T.ne Pla.TJ.IllIlg Commission recommends the followmg mecb.anlsm ror dedicatmg the Essentla1 Utiliry and Transponanon Comdors. All properry owners whose property will be burdened by u~e Cor:w.dors will execute a rec:proc::.l e::..semenr ror the Cor:w.dors th2..r will gIve eacil property owner the right to use the Cor::i.dor on ever-j o1J.~e: praoerrv. Tne easement will be executed 'Orior to CIrv Counci . . - .- anoroval of the Conce'Jtual Masrer Plan. Tne easement ,;x.rill ~ve e;~il p'ropem o~:;:..~e ~t _l9Jle.dicare_tb;-e:;J,rite-si:r:e:cb._of~~ , Cocidor to the Clrv in coniunctiog~;;rithEjnal Master' Plan aDoroval. '- .~'''~'-'''-' ""-=.=.. ....-" .....---.....-:_. - ,....--- ---':'O--....."""~~_;:~~-;;>ot-X"%~~_._ D@lcarion will be reouired as a condinon of final Master Plarr= -."..,," ~ ---.....: approval. In adaIrion - to --the easeme:1!, the Plamring Comriiission recrurres a Concomitant A2.l.eement- wherem Conce'Jtual }Yfaster Plan .. - ~ . aoorovai bv the City Council will be conditioned on execution of the - - ., - reciproc3.1. easement- For purposes or the reciprocal easement, the Corridors will be descioed generally as shown on the Concepmal Zorring Plan. For purposes of final Master' Plan approvaL the Comdors will be fued by the mecb.anism desc:ibed in the reciprocal easemen.t. Tne main loop road running from the southwest to the norJ1east in the Master" Plan area shall be constrUc1:ed ac::ording to an ordh:anc~, adopted prior to final Master Plan approval, requiring that the road be develooed in phases associated with develoome:1!. In those areas - ... ... where the road is not yet construc:ed in full to serve developme:1t, the road will be construc+..ed to sub-grade elevation with a mainte:Ian!:e coarse surface for the entire rem~ining Ie:1gr.h of the right-of-way. The City shall also negotiate and adopt a latecomer agreement for the construction of this road in a m~nne!" that provides FINDINGS~ CONQ.,USIONS AND RECOMMENDATION PL~~G rnM7vfT~.sT()N _ r1"rV n~ V1=."T M _ 'P~<YP '7 .. . ( ~dmbursement according to the phases of construction. The applicant shall, as a condition of this approvaL agree to waive any and all protests to any such ordinanc:: and latecomer agreement. (4) The dedicanon of the Y-l Conidor will be a sixty (60) foot right-Df- way to the City. In order to allow the potennal future improvement to a State Highway, the City will impose a fry-five (55) foot setback from each side of the dedicated nght-of-way. Tms will ensure that structures are not constructed in the area that could potenti.ally serve as the State Highway. ~ Pnor to final Master Plan approval, tb.e applicant shail proVlde the dedicatI.on of the access pOInts shown on the attached E;drirJlt B, Concep01al Zoning Plan. (6) All development widnn the Master Flan area wiJl be served by the Cltv of Yelm's sewer and water svs!e:ns. iJl COSts of such. servIce ~ ~ exrerlSion and construc:ion shail be borne by the applicant. }.Jl suc~ utility service mstallations shail be designed and consrruc:ea m accordance WIth the requrremenrs of the City of Yelm~ the Deparonent of Ecology, the Department of Eealth~ the appliwble Fire Dismc~ and any other agency wiLf-]. jurisdic:ion over sucb. utilines. (7) Tne applicant shall pay fifty percent (50%) of its share of tJ.~e leci matd:rin~ funds for the Cente:unal Clean Water Act 2!'2.nt DI~cr to - '- ~ Ciry Coundl approval of the Concept!l? 1 Master Plan. Tnurswn EimIands }.....ssociates shall agree to enter into agreementS WIth the - - - City to provide land ac::es for wastewater re~se applicat1.ons~ under the terms of the Wastewater Re:.lse Pro~' ;.1m. @ Prior to final Master Plan anoroval, the City shall adoot an ....... . .. ordinance requiring the installation of water and sewer lines necessary to serve the .southwest Yelm Master Plan area at the time -(;- of the first ininal development Wlthin the area. Tne City will also negotiate and adopt a latecomer agreement for the reimburse:nem of the costs of installing such utility lines. The applicant shall, as a condiri.on or this approval, agree to waive any and ail protests to any such ordi..rumce and latecomer agreement regarding the extension of sewer and water. I (.\.lo.o"o (9) The City will allow development of the Clubhouse and Restaurant in the Thurston Eiehl~nds Associates ownership on an approved septic F1NDIN"GS, CONCLUSIONS AND RECOMMENDATION PUJ.'iNING C01-f1fiSSION - CITY OF YELM: - Page 8 ( ( system that is compatible with future hook-up to the sewer system, to the extent allowable by the Thurston County Health Code. E. Commercial Develooment (1) Commercial development along the Y -1 Corridor or th.e Southwest Yelm Conceptual Master Plan area shall be linnted to a total or 165,000 square feet of floor space with no more than 40,000 square feet or commerClal floor space attnoutable to any one commerc-~ structUre. T.ne total or 165,000 square feet along the Y-l Coc.acr shall be phased Wlth development ac_ccrding tq the follcwlng phaslng plan: ~ (2) (3) a. Fifteen thousand (15,000) square feet of commerc:.al fleer space will be allowed until the construction or 1,250 dwemi"g umts in the ennre 1-fas!er Plan area is complete. b. An addin.onal fifty thousand (50,000) squa=e fee~ CI comme:-Ca1. floor space will be allowed a:f-~r the c~nSI:r"Jc::'c:i. or 1,250 dwelling Ullirs m t.b.e ennre Maste:- P2T1 a:'ea~ C~: before the constrac:::.on of the Y-l Stare Eignway. c. An acciirional one hundred thousana (lOO~OOO) square .fee~ ci commerc:al floor space will be allowed a.frer the c:::mSI:r"-1c:::.cn or the Y-l Stare Ei~wav. - . Access to such commercT...al de"lelooment from the main 1000 rcaa. . - shall be limited to no less than 300 feet from the inre:-sec::on of such road with the Y -1 State Highway . No ac::ess to suc~ commerc-...ai develoome:n: will be allowed from the Y-l State Hi::r!1wav. . - - Commer~...al developme:n: within the five (5) ace comme:c:al designation ne3T the clubhouse in the Tnurston Eighlancis Asscciares ownershJ:p shall be limited to a total of 12,000 square fee~ of commerdal floor space with. no more than 3,000 square fee:: of commercial floor snace attributable to any one SID2'le CJmme~:11 . -- strUc:ure. Commercial develapme:lt in this area will be modeled en a ne::.ghborhocd village concept. F. Open Space and P-arks (1) Development within the Master Plan area shall comply with the City of Yelm Open Spac: Ordinanc:, as amended. CUITentiy proposed FINDINGS, CONCLUSIONS AND REC01ilvIENDATION PUNNING C011:MISSION - CITY OF YELM - Page 9 l . (. ~. amendments to the Open Space Orchnallce requrre the dediC3.uon of five percent (5 %) of net built area in single family deslgnati.ans and ten percent (10 %) of net built area in multi-family designations. (2) T.nurston Highlands Associates shall dedicate the currently shown 10 acres of park in two 5 ac:-e parcels concurrent WIth development according to the City's level of sernce standards. See E:dribu C. (3) In order to qualify the pnvate golf course in the T.nurston Highlands Associates ownersfnp as open space, the applicant must establish that mam~ining it as a private open space satIsfies all of L~e Clte:1.a of the Open Space Ordinance, other th?-I1 demc3.uon, and L~at It sen-es the purposes of the ordinance. A pnvate open space must be accessible to eirher the general public or the resIdenrs of the pamculax development. Tne Planning Commission recommends thar Tnurston Hi2:hlands Associates selec: amon2: the rolloVIJ.n2: reaurred - - - ... alte::J2.uves: a. ope:l the golf course membersrllp to the ge::eral public cr resIdenrs of LtJ.urston Eighlands Asscc:ares; b. c:-eate a system or trclls throughout the golf c~urse ana dedicate sucb. trail to the Ciry for puolic use; cr c. dedicate an additional fiTIeen. aces or park to tb.e CIry unde:- the te~s of the Open Space Ordina..'T1ce, as a.'11e::ded. Of! Althougn a~ dedication will oc::ur at the nme or development, me , ConceDrual ZODm2: Plan and ConceDtual Master' Plan Man shall show . - - - the reser'yanon or an additional eleven (11) ace park on the Raimer Estates prope:ry. Parks dediC3.ted in the rernaimng parc~ls shall be in the amounts c:llcJlated pursuant to the Open Space Ordinance, as amended. (5) The alJolicant shall obtain from Tnu...1"'$ton County ail necessarl -.. J. pemUrs for c:ossing the trail re:e:J.tly acquired by Tnurston Counry from Burlington Nonhero. G. SchooI~ @ Tne Conce-otual Master' Plan man and Conc::-otu.al Zonin$?: Plan ... -...- should show the reservation of a total or three sc.1001 sires for fumre dediC3.tion or purchase. The applicant has shown one fifteen (15) FINDINGS7 CONCLUSIONS AND RECOMMENDATION PUNNIN'G COM:MISSION - CITY OF Y:ELM: - Page 10 (2) (3) (4) r' ~ -~'\.;:t,!' ~l r 'I: ;.' ~fl~:~'(r." ~;'I:' t ( r acre school site and one eight (8) acre school site, both on Thurston Ei~hlands Associates property. The maps should show a third school site of at least eight (8) acres on Rainier Estates property. Tlle sitIng of all school sites within the Master Plan area shall fully comply with the standards imposed by the Super..nte:rde:1t of Public Insrrucnon for the SItI.ng of school SItes. In the event that any of the school sites reserved Dursuant to tills . . Conceptual Master Plan are detemnned by the Scb.ool Dlsmc:: or the City or Yelm to be unacceptable for the developme:rt or a school site, the School District may elect to waive the rese:rvanon and accept a voluntary agreement in lieu of such school siIe under the terms or RCW 82.02.020. T.ae school SItes reserved DUI'SUant to this Conce~tu2.1 lvfas!er Plan . . are not intended to serve as full complianc~ wub. any reqUlIem.ent that the Ciry or the developer make adequate proV'&cns for scb.oois (i.e., rmpac: fees, voluntary agree:nenLS, dedic:m.ons, e::c.). T.ae reser?aricns are mterrded to be ID.lI1l!11um DroVlSlons that rom the . SI.ar:!T1Z nlace for ensunnz that the rm-oac:s ar anv aevelcumenr in the -. - - - - Master Plan area are adequately mitlgated. H. Environmental Review (1) T.ae rnirigaring measures idenniied in the Final EnvrronTl"lem Impac:: State::nent shall be satisfied in the de"relopmenr or the Southwest Y elm Conceptual Master Plan. T.acse mitigating me~ures are adopted he::ein by this reference and made a part hereor. I. Procedural Issues (1) Tills Conceptual Master Plan approval dces not incluae or lmply approval of spec-~c developme:lI: proposals suc~ as subdivisIons, platS, sue plans, or planned reslde:m.al developmenrs. Suc~ spec-..nc develcpmenr proposals shall be subje~:: to the laws and regu.ianons otherwise applicable, with the addinonal require:nerrr that they also shall satisfy all conditions or this Conce"Otual Master Pla.T1 that aooly. *' . - - ., (2) T.ae Southwest Yelm Master Plan shall be reviewed by the Pl~mn;T'tg Commission every five ye3I'S after the etfecive date of the City Council's action on the final 11aster Plan. T.ae purpose of the review is to dete...~ whether subsrnnri~ 1 completion or FINDINGS, CONCLUSIONS A1'ID RECOMMENDATION PLANNING C()M?vfT~.~()N - ("1T'V ()"):' Yl=T 7vf - "'P~~ 11 ------- ( ~evelopment is proceeding according to the Phasing Plan and whether such development is satisfying all conditions of Master Plan approval. If development is not proceeding as planned or the conditions are not being met, the Planning Commission may eithe::- extend the review penod or ter::nmate the Master Plan approval according to the terms or the Master Plan Review Ordinance. (3) Any major modification to the Master Plan will require Planning Commission auoroval in accordance WIth the Master Plan ReVIew "-"- Ordinance. (4) Each of the major planmng areas (rnurston Eghlands Assocates, Rainier Estates,. and Other Parcels) may proceed mdependently WIth :final Master Plan approval, proVlded that the ove::-all requirementS or !IDs Conceptual Master Plan approval are satis:B.ed. (5) Tills Concemual Master Plan an'Orcval shall ~ effec: uoon the .... .....to. _ execuuon and recording of a ConcOmiraJlt AQ:!ee:nent iJursUallr: co - -- conclusion 4.D. here;.n. RECOMMENDATION: Tlle Phmning Commission or the Cirv of Yelm recomme:J.Gs a'O'Oroval of the _ J __ Southwest Yelm Conceptual Masrer- Plan by tile City Coune] or the C11:"1 of Y elm. as modiiied and WIth the conditions of approval recommended her-ein.. Tne F1~nmng ComrmsSlan recomme:J.Gs adopnon of the Concepmal Master- Pl.a..TJ. as 8..t.'1 ame:J.dme:J.t to the 1985 Comorehensive Plan for the Citv or Yelm and the accnnon "- . - or the Conceptual Zomng Plan as an amendment to the City's exisnng zomng map. A~rding 0 the Master Plan Review Ordinance, sucb. ame:J.dme:J.ts will not be eff~tive until final Master Plan approvaL PASSED AND APPROVED this 15 thday or ?UCUS t , 1994. (/J/J0 ~K.'f~~= Tom GOr:TIan Charrman (Ac"tina) City of Yelm Planmng Comnnssion FINDINGS, CONCLUSIONS AND RECOM:M:ENDATION Pu.NNIN'G COMMISSION - CITY OF YELM - Page 12 ;.:!;" t~:",,,,, 'J,~ ,.; t ( SOUTBWEST x-:ELM CONCEPTUAL MASTER PLAN Summarv of Tnurston Hi~hlands Associates Ownersmn ~.... - Total Area: Wetlands: Golf Course:1 Par.k:::' Schools : Water Tanks: Main Lcop Road: Reuse!re~7cle srorage:.1 Net Develo-pable )..c:es: Re~uired Oce:l Soace:-4 - -. 1,240 Aces' 62 Aces 370 Aces 10 Aces 23 Aces 2 .Ac:es 30 Acres 30 Aces 713 .j..cres 55.7 Acres 1<{1nimum De!l~'rv: Mimmum Dwelling Umts: Ma:umum De:J..Slty: 1rfaximum Dwelling U mts: 3...5 U nirs/N et Developable Ace 2,500 Dwelling U mts 4. ~~ Unir.s/Ne:: Developable Acre 3,166 Dwelling Units Population Estimate: M:inimum - 6,250 Maxrmum - 7,923 Phases: PHASE I DESCRJYTION I ACRES i , Phase 1 4,000 sf golf restaurant.; - j , i 150 seats I I Phase 2 I Single Fami1:v I 71 .... . I Phase 3 I Single Familv I ....4. I .J. I .... . Phase 4 I Single Family I 43 I I ! I I I , Phase 5 Single Family 31 I .... ~ , I I I I Phase 6 Single Family 52 I I 1 I Phase 7 I Single Family I 35 ! i , I l I Phase 8 Single Family 55 i Exlu'bit C ( t. Phase 9 Commmercial (12,000 sf 5 buildings) Single Family 15 I I I Phase 10 Single Family 17 I Phase 11 I Single Family I 42 I Phase 12 I Single Family I 60 I I I i Phase 13 Single Family 48 i I I i i Phase 14 Single Family -J. 1 J. i Phase 15 I Multi-Family I 32 i Phase 16 I Single Family I 68 ; -Phase 17 Commerc::.al (165,000 sf 15 ! - buildings) I I -OT~T ~ I -I'"' !I 1 ._..... I ..J On-Sire IITI"prOVements: A. Roads 1. Main Loop Road a. Exe::ate recinroc:ll easement and concormrant agreement, for evenrual dedication, pnor to Conceptual Masre: Plan approval. b. Construct paved roadway to grade ac::ording to City of Yelm road spe~fi cations to the clubhouse in phase 1 concurrent WIth development of phase 1. c. Construct paved roadway ac::ording to City of Yelm road specriicatians for each phase adja~:J.t to the roadway concurrent with such phase. d. ConstrUct unpaved roadway to sub-g!'ade eie'Vatton wuh a maintenance coarse surface, ac::ording to City of Yelm road slJe~fi cations for remainder of roadway . - not servmg Development. 2. Y -1 Canidor a. Dedicate 60 fact right-of-way v.rith 55 foot setbac.ks_ b. Construct sixty foot roadway according to City of Yelm specifications conon:re:lt with adjac:nt development. T.ne entire roadway shall be )'-1 '!.... 'i'~_J'~ t t 501]'1'.1:1 WEST YEL.J.Vf CONCEPTUAL MASTER PLAN Summary or R2inier Estates Ownership Total Area: Wetlands : 1tfain UJop Road: School: Park: 1 Net Develooable Acres: 262 50 8 8 11 185 Ac:-es Ac:-es Ac:-~s Ac:-es Ac:-es Aces Minimum: Density: 3.5 UnitSfNe:: Developable Ac:-e Minimum Dwelling Umrs: 648 Dwelling UmtS - Max:unum Denslry: 4.L4 UmtsfNe~ Develooabie Ac:-e ivfaxunum Dwelling U mrs: 822 Dwelling U mtS Populanon Estimate: 1tfunmum - 11620 Ma:GTIlum - 2,055 Phases : PH...;.sE I DESCPJJ>'TION I ACRE- II ;,~ .... .::, I Phase 1 I Sin~le Fmllly I 15 il . Phase 2 \ Single Family I 14 II Phase 3 I Single ramily I 20 i Phase 4 I Sin:,:le Family I 16 I , Phase 5 I Mulu-Family \ 15 i I ! Phase 6 I Single Family I 43 :\ Phase 7 I Sin~le Family \ 13 \ i Phase 8 - \ MultI.-F wrily \ 13 I I Phase 9 I Single Fwrily \ 26 I I \ TOTALS. \ I 185 I I I t Cci1CJ1ated pursuant to Open S~ace Orciinanc:!. as amended by c:Jrrent proposal. Exhibit D ----- ( ( '" -'. constructed conc..rr:rent with development on the proposed sellaeI site, unless already constructed. Sewer and Water 1. Develop clubhouse/restaurant in phase 1 on approved sepo.e drainfield and S'lJ::.P tank: desirned for future hook:un to - - City of Yelm sewer system.. _4Jl other development shall be directiy ser1ed by the Ciry or Yelm sewe:- and water systems. Install sewer coIlec"ion and water m2.ln lines along entrre route of Mam Loop Road on-~l!e when ease:.nen.! IS dedicated and sewe:- and water capac:ry are available. Tnurston Highlands Assoc:ates rib-;.\,) has assIgned water nghts applicao.cn. TE.A_~ and its SJc:essors and a.ssi~..s, shall bear all the cos!s of tesnng: dr.:i11ng, mCffi!Or".illg: processmg the anolic.anon and anv cth.e:- cost or suc:::.:;ssfuilv ... - -..... - cbtaimng wate:- nghts on the b2..S1S or the e~st:.'1g antJlicanon. B. 2. 1. See C~nc!usion 4.;:.::'. in ~ex:: re~arding c."':cicss on ope.., spaca dedication. 2. D.eOic:,m~d in 5 ac:e pa(c~js c~nc:..:rrent witt. deveiocmem OT ilrs: S ;:iacss See C.:nc!:..sion 4.:=.2. .... Cedic;a!cd ~o the C:ry c~r:c:..:rrent with development as shown in F:r.;:l Mas-:ar ?!ar: ac::,ovai. 4. Caic:..:l.ated purSUGnt ~o Open Sp.acs Ordin.anc~. as amended by c~rrer:'t proposai. ( ( SOU'l'.tl 'NEST YEL.\1: CONCEPTUAL NfASTER PLAN Summary of Other Parcels Total Area: Wetlands : Golf Course: Park: 1 Net Developable Aces: ... -~ "'.Jo 29 86 16 223 Ac::es Ac::es Ac::es Aces Ac::es Mimmum Denslrv: - ~ Mimmum Dwelling UnitS: 1-faximum De:J.S1rr M~um Dwelling Umrs: 3.5 Umr.slNet Developable Ace 789 Dwe.iling Units 4.'~~ Umr.s/Ne:: Developable Ac::e 1.012 Dwellin2: U illIS ~ - Population Esumare: Development prognm Minnnum - 1,973 Ma:n.mum 2~j'30 10 - 20 ye~"'"S OV-t~~R I DESCRIPTION I j. C..(E~ :1 . _ 4lo. a.",I Ste<'3cim~m Single Fswy 15 Propeny Davie I Sinzie =~l1ilv I 38 :i ~ - . Propercy 1 . Multl-F m-illy I 22 . , Bosequett Single Family I 10 i -~ I Property Multl-F:uni1y I 14 I I All Othe:r I Sin~ie Family I Od I ; . Parcels I Multi - F?-.rnil v I 16 : I TOT)~..LS: I :2:2S ,I I Ca.lc:.:iated pursuant ~o Open Spa~ Crdinanca. as amended by c-..:rrem prcposaJ. ExhibIt E On-Site Improvement: A. Roads - Main Loop Road 1. Execute reciprocal easement and concomitant agreement, for eventual dedication, prior to Conceptual Master Plan approvaL Dedicate 120 foot nzht-of-wav. - " Construct paved roadway according to City or Yelm road speC"'...ncanons for e3.ch phase adjacent to the roadway conc.rrrent WIth such phase. Construct unoaved roadwav to 2.l a.de accordinz to City of Yelm ... .. '- ......,.- road speC"'..ficatI.ons for remamder of-roadway "not ser-...rmg develooment. Sewer and Water Install sewer colledon and water main lines along ennre route of Mam LJop Road on-S1!e when easement is decic3.ted and sewer and water wpac:.ty are available. B. ( ----- ( " 2. .... ~. 4. ~... . (. ( On-Site Improvements: A. Roads - Main Loop Road Construct paved roadway according to City of Yelm road speC:..ii.C3.tions for each phase adjacent to the roadway conCJ.L.J..ent wirh such phase. B. Sewer and Water Install sewer collecnon and water main lines along enure route of Mam Loop Road on-sue when e~ement IS dedicated and sewer and water capacity are available. b iL -00 0 .. MEMORANDUM To From Date Subject: Shelly, Ken, Tim and Stephanie Cathie Carlson July 28, 1999 Prairie View/Thurston Highlands Conceptual Master Plan Attached is the project information for the above referenced project. As I understand it our objective for this phase of the project, is to review the application in comparison with the original master plan approval and to re-approve the conceptual master plan for the entire 2000I acres Because of the complexity of the project, I have scheduled a series of meetings to help us identify the issues, applicable regulations and appropriate conditions Wednesday, August 4, 1 00 - 3 00 pm - I envision this meeting as a general discussion of the project, the issues that need to be addressed, who will spearhead each issue and our review process J anticipate a lot of questions at this meeting - you may want to come with a prepared list of questions you may have The objective of this meeting is to make sure we all have a comfort level on how to proceed and what's expected from each person Wednesday, August 11, 1 00 - 3 00 pm - This meeting will be targeted toward the environmental review Attached is the environmental checklist. if you need additional information there is a critical areas study in the file, that can be copied or "checked out" Also an Environmental Impact Statement was prepared with the original Master Plan approval and is still valid This is also available in my office if you need reference material Please come to this meeting with draft written comments regarding environmental issues. Wednesday, September 1, 1 00 - 3 00 pm - This meeting is to finalize the environmental review and to review draft comments for project approval It is imperative that all environmental concerns have been addressed to your satisfaction by thIs meeting I must issue the environmental determination no later than September 2 to maintain the project review schedule Please have final mitigation requirements for the environmental determination in writing and draft comments/conditions for project approval Wednesday, September 8, 1 00 - 3 00 pm - This meeting is the final meeting (Yahoo!) to complete the project review Please bring your final written discussions on each issue that you are responsible for and the condition(s) of approval for each issue. These should be in final form, they will be added to the staff report as written The language In the previous conceptual master plan approval (attached) should be helpful in identifying Issues and preparing your various responses and documents '" '. .J>~.. Project Review Schedule 1 July 27, 1999 - Notice of Application 15 day public comment period begins (ends Aug 10) 2 August 12, 1999 - Issue Environmental Determination 14 day public comment period begins (ends Aug 25) 3 September 13, 1999 - Mail completed staff report with conditions of approval to Planning Commission 4 September 20, 1999 - Planning Commission Public Hearing 5 September 22, 1999 - City Council review and approval of Conceptual Master Plan This application fee for this project is on a time and material basis The applicant has submitted a $5,000 00 deposit to beginning the review process Please keep a detailed record of your time and costs incurred for project review and provide me a copy at the end of each month I will bill against the $5,000 00 and at such time those funds are exhausted the applicant will be required to deposit additional funds If you need additional information please let me know I know this is an ambitious scheduled, but! think you'll find most of the work has already been done in the previous approval - so don't reinvent the wheel - take advantage of the previous work that has been done and copy it word for word when appropriate Attachments 1 Staff recommendation to City Council Memorandum dated October 12, 1994 (all ) 2 Environmental Checklist (previously distributed to Shelly & Ken) 3 Conceptual Master Plan Approval (previously distributed to Shelly & Ken) ~ // / YELM WA.SH1NGTON CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 NOTICE OF APPLICATION Mailed on Julv 27. 1999 PROJECT NAME AND LOCATION Prairie View, Thurston Highlands Master Planned Community, Southwest Yelm, WA 98597 LAND USE CASE. MPD - 98-8216-YL An application submitted by DragtlDeTray L.L.C for the above referenced project was received by the City of Yelm on June 24, 1999 The City has determined the application to be complete on July 20, 1999 The application and any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W , Yelm WA. For additional information, please contact Cathie Carlson at 458-8408 PROJECT DESCRIPTION The project proposal consist of conceptual master plan approval for the Thurston Highlands/Prairie View developments on approximately 1800 acres. The build-out of the residential development will range between 3 5 - 4 44 dwelling units per net acre Commercial development will occur on approximately 35 acres, limited to 330,000 sq feet of floor space The site will provide up to two golf courses and associated facilities. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION Environmental checklist and Critical Areas Study Additional Information or Project Studies Requested by the City. The City has not requested any additional inforlTlation or studies at this time No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14 08), Storm water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Cathie Carlson at Yelm City Hall, PO Box 479, Yelm WA 98597 THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5'00 PM ON August 10,1999 This notice has been provided to appropriate local and state agencies, sub-area project list subscribers, and property owners within 1000 feet of the project site These recipients, and any others who submit a written request to be placed on the mailinQ fist, will also receive the following items when available or if applicable. Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing Additionally, there will be a 15-day public comment period when the environmental determination is issued Opportunities for appeal occur within twenty one (21) days after the date the environmental determination is issued City Council decision can be appealed through Superior Court. , f. ; 16 15 14 1 i. i t "0 t (<3 t !Z t:- t:: i 93rd Ave ~ . \ 21 22 \ I : ! >- t 1 \ "0 ~ - ~ 28 I l ~ i 1 , , 33 34 \ 36 SOUTHWEST YELM ANNEXATION AREA . ~ .... ..- '0 .... lUI ..- - lUI ...- .. ...... ------- ~ ,.,,-- M31^ 3iiflViid .n NV1d 1N3Wd013^30 t I __ 9II...lllI" . .~'-"'III Ii .... ... .. :Drv Cl a: >- w ...J J l- V) w Q; ~ (!.) z o ...J __ aN B .. -- .- -- -- -. -. -- .- .- .- -- -. .- -. . ...J <t i= z w w a: L_____....-=:-:a: i : w !--2-~---- , W<( ! a. a. j 0 en ! ..----...------..---"..----...,..------ " " \' l I \ I t , I .....--------\ \ \ II ''I i \ ( '\ \ ' / ,,' \ " ' . . \" ) \, I J: / ) ~ ;: / , i i / ,/ ~ ~/ " /0. a. , ,/oen I I ~~ ...../. , ~-' ---- ---- ---- i i j i i i i ! l " ' .....--., i i ~ '1/ , :t I J ,'~ I /, / ! i , ! , , I i , { , , i i ,! . , I i , I : I I I ,. ' I I i , I : , I I , 'UJ : m'u I <(I R 0.. : en! , \ i \ ' \ \ i \ \ ' \ \ i \ \ : '\ I '\ : \ \ ! \ \ i \ \ : , , I ~ \! I I' II! \ \i ____________._________,J , ' lVIlN30lS3l:1 ....J <( i= z w C U5 w a: 0-1 0< 0- ::J:U ceO: OW OJ:;: ::J::;: 5:20 ~u -I < i= z w o (i) w ex: r L______..____.___._..____________________________________-------. THURSTON mCHLANDS ASSOCIATION M.y 11, 1'" MAST:ER PLAN Lot_ 60' It 73 4380 ~l' 96 fl:txlO' .IOOSP l10 70' '" 10" 5600 SF 352 70" X 90' 6300SP 752 10"20 100' 700JSP' 696 acr z 90' 7200 SF 674 7O':r. 150'+ 10.500 SP+ 126 ~ Qu.ntlt.z i~ QuonlltJ TOWDbomt Units 6G'1150~ UI\\u,OlawSf t'ooq)ri.t\ttM:h JOOUl TOTAL R!SlD!NT1AL UNITS 31" UNlTS 35.0AC 23.0AC ComIltlftl.1 Ara $c:hool SUes 15ACa:SAC .....A... "ACA6AC 11 Holt Golf Coarse Prone 9 .MAC _9ot_b>aeOlllOAC Dbcl.lmen Maler "-' asAlnICS aD sJopea pdcd 10 .now JOt dlm:1opment. .n roads within city pdc limits. all Wdbnds mitfptcd by Wlter features It pr ccarx. GOLF COtJllSE Hole I Yud. PaIr Rolt , Tutti hr I "'2m Puji 10 358YD Patji 2 ...16YD Par" 11 360YD Par" J 105m Par 3 12 463YD Par" 4 ..26YD Par.. 13 186YI> Par) , "'YO Par.. 14 4UYD Par.. 6 133YD Par3 1$ )43YD hr4 7 3!3YD Par" 16 "'26YD Par4 . oC66YD Par" 17 208YD Par) , "8 YO ParS 11 S70YD ParS Front Nine jS34 V.nb 36 Par B.c:k Nine 3531 Yards 36 Pn TOl.l'hr'n Total 7065 Y.~ IO.OAC 134AC I PHASE 1 MASTER PLAN ~\ S:,t 0300 Sf< /i:.nlt~~ SO' It 90' 1200 Sf ;S~: ~ Uniu TOTAL RESIIlENTIAL UNITS 366 500 UNITS Ifill ~~ I ~~ ~ ~--J , 0' 1rYW ~~ I~ ~ flUl1 . . <:J FRANK J. OWENS ARTHUR L. DAVIES JOHN V. LYMAN ALEXANDER W. MACKIE' RICHARD G. PHILUPS. JR. BRIAN L. BUDSBERG MICHAEL W. MAYBERRY KIRK M. VEIS ROBERT F HAUTH MATTHEW B. EDWARDS o OWENS o DAVIES MACKIE P.s. A Professional Services Corporation Attorneys at Law RY'rP":l"\TED \ . \By~UL 2 1 1999 . Street address 926 - 24th Way S.W Olympia, Washington 98502 Mailing address P.O. Box 187 Olympia, Washington 98507-0187 Phone (360) 943-8320 Facsimile (360) 943-6150 BURTON R. JOHNSON (1970) ERIK D. PRICE DAVID B_ MERCHANT 'ALSO ADMITTED IN WASHINGTON. D.C. July 20, 1999 Robert W. Thorpe R.W. Thorpe & Associates, Inc. 705 2nd Avenue, SUite 710 Seattle, W A 98104 RE Thurston Highlands Master Plan Application and SEP A Addendum Dear Bob' I am gomg to be out of town for the next three weeks, but wanted to make sure that we are all workmg under the same understandmg. The City of Yelm has received an applIcatlOn for a conceptual master plan which wIll effectively reinstate the old master plan, with some mmor updates reflectmg the current sewer Situation. Your letter of June 18, 1999 referenced 500 umts of water supply which is tied to your Phase I, but that can only be proVided if Thurston Highlands gives the City the water rights and well site currently proposed for the Thurston Highlands property The City does not presently have any surplus water What we mdicated was some potential where the overall water right was larger than 500 umts, comnuttmg to an intenm use of some ofthe surplus water until such time as prOVision can be made to get recycled water to use for imgatlOn. On that latter point, we did not say that Thurston Highlands could not use recycled water for imgation purposes, only that it was not required In the use plan because we were unsure of your timmg. The environmental reView for your master plan would be an appropriate place to explore and alternatives. Very truly yours, OWENS DAVIES MACKIE, P S A WM/kr cc. """"Shelly Badger CathIe Carlson C:\53\ Y elm\ThorpeLt2. wpd . ~qJ~/ ~~( (1Q, . /, -rf/-92PofQ Ilrv _.~ . ~_:. Jj~,.,., ~, kJliOLp-L, 1wrod.11 if-u~1 c>P jh-pf;JJ~ 1Dtv-ltr~ . 4-it~ " l1ft"-?t ~/ll[~~(\r cJ.- ~ p~ 0 :4076 :!~bl d - .. . .?/;~q~ ~~~J- ~(Uur~~~J , \ n. f) /' . i 00 tY\O/\L'J - \..lA/..d. e.._~ ~ _ Ii? r - '/I'::-O~o::' (8 O~DiP _!o~ ~;Jh~-,: (1),t?:O(~1 ~ _ On - r~ '>1 "0 /5) ~ b - &'L- 051 k..- d--; (UAI !J lj{0 - rh~ b-/J) - __- __ - - - . ~ _.!tr.J;c _ ~J:V1 f)'l-L('u tJL 4ikLcv [P ~~ r) __ _.. _ _ _ _ ~ _._ _ _ _ -- -- - - - . __ ~___k c) .f.>>.~-0J--a-;:=,r/ 5JLc'0./I4.d.-. ( r:1z; (1 '_.{- q~t0--f u t ~$; t~ -t::'rx~Wi~~~/U; -.. ... . i~dd~ ~i~ ./. ... fJ ---- ------- .~ejld/l/.~__ -k- - rw 1-Jnv--L met/Did ~ I ~'. 1(.. _ \ ~ Perimeter TylitTsySfem TYPICAL ENTRY BOULEVARD SECTION NO SCAlE . :A:Coeu II) BeiTt v.ney Rd . Sf Fence Land808pe Mer 8' HIgh Berm SIde Walk Ldsc. Strip 6' TYPICAL PARKWAY SECTION NO SCALE 252 Lots (BO'x90') THURSTON HIGHLANDS ASSOCIA nON May 18, 1999 @ 14;0 ACCommercial MASTER PLAN Lot Size 60' x 73' 60' x 80' 70' x 80' 70' x 90' 70' x 100' 80' x 90' 70' x 150'+ Quantity 96 170 352 752 696 674 126 2866 U ni ts 4380 SF 4800 SF 5600 SF 6300 SF 7000 SF 7200 SF 10,500 SF+ Perimeter Trail System =-.--......;...... ".., ~--' ~~. yC ~ . - ...- \ , ' ,rtlal Development ,In Phes<o t . -. I (70')(90') 148 Lots ~ (;J Townhome Units 60' x 150'=5 Umts @ 1800 SF Footprint Each Quantity 300 Units ~.': ~ 352 Lots (70'x80') TOTAL RESIDENTIAL UNITS 3166 UNITS 270 lots (70'x100') Commercial Area ~' ,.._ ' . x . X ~- ~\ School Sites 15 AC & 8 AC 35.0 AC 23.0 AC l;' Park Area 4AC&6AC 10.OAC 254 Lots (70'x90') 18 Hole Golf Course Front 9 @ 84 AC Back 9 & Practice Range @ 100 AC 184AC :~~ ~ Disclaimer: Mater Plan assumes all slopes graded to allow lot development, all roads within city grade limits, all wetlands mitigated by water features at golf course. GOLF COURSE Hole # Yards Par Hole # Yards Par I 542 YD Par 5 to 558 YD Par 5 2 416YD Par 4 11 360 YD Par 4 3 205 YD Par 3 12 463 YD Par4 4 426 YD Par 4 13 186YD Par 3 5 355 YO Par4 14 415YD Par4 6 183YD Par 3 15 345 YD Par4 7 383 YD Par4 16 426 YD Par4 8 466 YD Par 4 17 208 YD Par 3 9 558 YD Par 5 18 570 YD Par 5 Front Nine 3534 Yards 36 Par Back Nine 3531 Yards 36 Par Total Par 72 Total 7065 Yards PHASE 1 MASTER PLAN Lot Size Quantity 70' x 90' 6300 SF 114 - 159 80' x 90' 7200 SF 252 - 341 366 - 500 Units TOTAL RESIDENTIAL UNITS 366 - 500 UNITS 194 Lots (70'x90') Opef'l Spac. &. Stormwawr Pond ,var' @IL 0' 1000' 2000' ~;~~ Z...J 2g~~ ::s..::(~ .!l!.. c a.~~~ Cl. !.~ a: W ~ UJ~ ~ ~8 ~ lil S ~ ~ ~ e c: 1.l !l ~- . -~! ~~ @ ~ ~.~ ~~i lil . () Cg . -00<( (J)~ ~ Q)~ - ......a.>~ ct1la....J .-a.> UJ () C/) >- o (J)a.>Cf) _ (J) E OU~ <(a.>Z 01 ~ ::sg~ ~~ I~~ Q):g CJ~Lfi Q!'- -zen '- I~~ o Zr5~ .c:.!: O~i]l I-;g ~ztu ~ Cf)ow .CD a:~r; :> a.> Wen :> 0 :Jo::~ .I I::Ja: a:~ I-?:~ ~ / en en ~ en en ai:- ~ ~dl! ~ ~SlOl~ ~nn E .c un 'Cl 1.2. a:a:a:a: ~ <.) City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 July 20, 1999 K. Frank Kirkbride The Kirkbride Group, Inc. 4405 Seventh Avenue SE, Suite 301 Lacey, WA 98503 Re Application Status for Prairie View Final Master Plan Approval Dear Mr Kirkbride The City has r~viewed the above reference application packet and found it to be incomplete Pursuant to Chapter 17 62.060(F) the following information is required before an application can be considered completed 1 A master drainage plan, including storm water control 2 The minimum densities need to be amended to reflect the 3 5 minimum units per net developable acre as stated in the original approval for the 1994 conceptual master plan approval Upon receipt of the above items, the City will consider the application packet complete and the review process will begin Once the review process begins there are a number of areas in which more information will be needed to cOll1plete the environmental review While this information is not required to consider the application complete you may want to begin having the information prepared to keep the review process on tract once the application packet is determined complete 1 Traffic Report - to include low, medium and high build-out scenarios's including both residential and potential commercial uses 2. Flood Hazard Report. 3 Biological Assessment and the impacts to Thompson Creek. 4 Housing types and ratio's - to include low, medium and high build-out scenarios's 5 Utility Financing and Phasing Plans 6 Stormwater 7 Water supply, infrastructure and phasing 8 Sewer infrastructure and phasing 9 Public facilities for each build-out scenarios Public facilities should include parks, schools and emergency services Regarding the special studies for the items listed above, the City staff and consultants will be glad to meet with you and/or your sub-consultants as soon as possible to scope each area of study If you have any questions please contact me at 458-8408 Sincerely, /7 ' () ~ jJ Lt~~ v7 ft' Catherine Carlson City Planner cc. DragtlDeTray, L.L.C Henry & Jane Dragt Shelly Badger Ken Garmann Stephanie Conners Tim Peterson City of Yelm J 05 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 July 20, 1999 K. Frank Kirkbride The Kirkbride Group, Inc. 4405 Seventh Avenue SE, Suite 301 Lacey, WA 98503 Re Application Status for Prairie View Conceptual Master Plan Approval Dear Mr Kirkbride The City has reviewed the above reference application packet and found it to be complete The tentative schedule for the project review is as follows 1 During the week of July 26th the application packet will be distributed to other agencies and interest parties and the 15 day comment period will begin 2 During the week of August 9th an environmental determination will be issued and the 15 day comment period will begin 3 The staff report will be drafted during the last week of August and the first week of September 4. On September 20, 1999, the Planning Commission will hold a public hearing to review the project for compliance with City standards and to receive public testimony 5 On September 22, 1999, the City Council will review the Planning Commissions recommendation and make a final decision The City will make every effort to meet the outlined schedule, however if additional information is necessarj for project review or unexpected issues arise the schedule may need to be modified If you have any questions please feel free to contact me at 458-8408 Sincerely, ~~/~ Catherine Carlson City Planner cc DragtlDeTray L.L C Henry & Jane Dragt Shelly Badger Ken Garmann Stephanie Conners Tim Peterson / I I 07/15 1999 08 01 360-458-4348 C IT'.' IJF VELM PAGE 01 Chapter 17.62 ~TERPLANDEVELOPMENT ~,. Sections: 1762.01.0 1762_020 1762_030 17 62 040 I 7 ()2 050 l762.0fiO 17 62.070 17 62.080 1762.090 1762100 Short title Intent Applicability General steps for review and approval Conceptual reviev.r and approval Master plan approval Timing of master plan sublllittal Approval of spemfic development proposals hnplementatlOD of master plan..Penodic review Adnuru.stratIon and enforcement 17.62.010 Short Title. This ordinance shall be Is:nown as the Master Plan Development Chapter and may be Ctted as such_ 17.62.020 Intent The purpose of the master plan process 18 to protect and nnprove the pubbc health. safety and \\elfare by pursUto.g the foHowing obJectlves: A To ensure that future growth and developtneIlt wluch occurs as the result of a master plan is in accord WIth the comprehensive plan and the planning policies of the city; ~ B To prOVIde for large-scale projects that mcorporate a full range of land uses, where appropriate and where conSIstent WIth the comprehenS1ve plan, C To encourage rnnovatIons and m-eaovlty for the safe, efficient and econO'rmc use of land; D To eIlSure and facilitate the proVlSIon of adequate public services such as transportation, water, sewage, stanD drainage, electncity and open space; E TO' encourage efficient patterns of land use which, where appropriate. decrease trip length of automobile travel and encourage tnp consohdauon, mcreased public access to mass transit, bicycle routes and other alternatIve modes of transportahon, F To unprove the desl~ quality and character of new development so as to reduce energy consumphon and demand, and to muu..nuze adverse environmental impacts mcludmg degradatlon of wildhfe habitat and important natw's] featw'es m the area, G To foster and ensure a mhonal pattern ofre1ationships between residential, busmess and mdustrial uses so as to complement and mininuze impacts on eXlstmg neighborhoods, H. To ensure coordlllatIon of commercial and mdustnal buildmg deSIgns wluch will be harmotllous and blending witb each other and the natural enVlronment. 17.62.0:30 Applicability. Minimum Site Area. A IIllllim.wn of two hundred acres in a smgle ownership must be available for a master plan~ smaller acreage under separate ownership may be included In the proposal. 17.62.040 General steps for review and approval. The revj~y ~d approval of a master plan shall consist of6three steps' . A Conceptual review and approval of the master plan through c.omprehensive plan and o(fi,c.al zoning map ainendment, v.iththe official zoning map amendment not dlective until approval of the: tnasteJ: plan for the SIte, B Adoptton ofthe master plan for the site, C Approval of SpeQrnc development acbons as may be appropnate, and as may be phased in the master plan_ 17 62 - 1 '"'--"" 07;15 1999 08 01 '350-458-4348 ':'IT\' IJF \''ELM PAGE 02 17 62,050 Conceptual Review and Approval. A, Purpose. The puqx')Se of conceptual review and approval IS to establish general land use pohCles to guide detaIled planning for and development of the master plan area. The conceptual plan shall identifY the generahzed land uses, transportatlon CIrculation routes and serVIces proposed for tbe SIte. Pnor to SIte development. a master plan shall be approved consistent with the policies and conditions of conceptual approval. B Review Review of a conceptuallllaster plan shall be performed initially by the planning commission. The planning commission shall review the application for completeness and, if it detennines that the proposed master plan IS conSIstent "''lth the comprehensive plan and the city's other plans and policies, recommend approval by the plamung commission. Tfthe planning commission determines that the proposed master plan JS not so COft'Slstent.. It may either remand for modifications specifically identified or recorn.mend denial by the city cOlmcil. Conceptual approval by the city counctl. upon a 1."eoommendatton by the plamung commission, shall consist of an amendment to the comprehensIve plan and an amendment to the offiCial zoning map. Notice of hearings on conceptual approval wIll be proVIded to all property mvners 'V1.thin one thousand feet of the subject site and other affected governmental agencies with jurisdictJ.on in the site area at least ten (l 0) days prior to the heanng. The official zoning map amendment shall be 111 conformance with the comprehensive plan. and shall be limited by the conditions in subsections D and E of this section, C Fonn and Contents of Application for Conceptual Approval oCthe Master Plan. An apphcatJ.on for con- ceptual approval shall be subll11tted to the plannmg department for reporting to the planning comnnssion and shalllllclude' T extllal Information. a Name, addt:ess. zip Ct..1de and telephone nwnber of applicant, b. The names, addresses, zip codes and telephone numbers of aU landowners witlun the subject property, c The names and addresses of all property owners wIthm one thousand feet of the site, d. The legal descnpbon and tax parcel nwnber(s) oftb.e subject property, e. The existing zoning and plan deslgnal:1on on the subject property, f. The acreage contained wi.thin the proposed master plan area, the nwnber of dwelling umts pemntted and proposed, and the mnnber of dwelling units per acre of land permitted and proposed, g, The total acreage of nonreSIdential uses permitted and proposed, by type of use, h. Applicable school disttict(s), f1fe distnct(s) or departments and other Special purposes districts, 1. The means by wWch the proposed master plan meets the objectIves of Section 17 62_020, J Proposed amendatory language for the applicable subarea plan, k. Anticipated phasing of development, L Genet:al desaiption of options tor source(S) of water supply, method(s) of sewage chsposa1, methods of storm water control and means to handle hazardous materials and hazardolls waste if applicable, m. IdentifY potential nIajor anttClpated adverse envrronmental impacts and general mitigating measures, including off-site improvements, whlCh may be incorporated in a subsequent master plan by submitting an environmental checklist as reqwred by WAC 197-11-315, n. An explanabon of all featlrres not readily Identifiable in map form, 2. Conceptual Plan and Supporting Maps. 17 62 . 2 ~-' 07/15 1999 08 01 350-458-4348 CITy OF \'ELM PAGE 03 a, A vicinity map shOWIng the location of the site and its relationship to surrounding areas, including eXisting streets and major physiographic features such as railroads, lakes, streams, shorelines, schools, parks Or other prominent features, b Parcel boundao.es, c Freeways, hlghways and streets servicing and abuttmg the area and parcel, d The exJ.stmg mning and comprehensive plan designation for all areas of the proposed master plan area, e. Generalized proposed land uses mcludmg: J.. Potential uses, u. Range of densities and hoUStn8 types, 111 Phasmg of development, IV Any proposed zoning or development plan changes, f Mul1:1rnoda1 transportation plans, with proposed major routes, pomts of Ulgress and egress and the relation to existmg and proposed area transportation facilities, g, Existing site conditions including water comses, wetland area, flood plains, unique natural features, forest cover, steep slopes and elevation coo.tours of appropriate mtervals to md1Cate the topography of the entire tract for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant. D Effect of Conceptual Approval. Upon conceptual approval by the CIty council, the proposed master pIau boundaries, proposed use districts, transportation routes and case file nwnber shall be identified upon the offiCial zoning map These dIstncts and routes shall only be effective upon approval of a master plan meeting the requirements of conceptual approval and of this ordinance E. Development Poor to Master Plan App(Oval Unless specifically authorized at the time of conceptual approval. no development permit may be Issued pnor to master plan approval. Preexisting uses shall be regulated as specified U1 Chapter 17 93 (nonconfonnmg uses). 17.62.060 Master plan approval. A Purpose. The master plan shall consist of map(s) and te,,1 which mdicate major development features and setvices for the entlTe slte, tncluding a schedule rndicating phasing of development and the means of fInancing Services for the site. B Revievl' A complete master plan for the entlTe master plan area shall be submitted within three years of conceptual approval unJess an extensIon has been granted pursuant to SectIOn 17 62.070 The master plan shall be feV1ewed by the planmng conlnuSS100 and a recommendation SUhllutted to the Clty council for final action. The planning comrn.i.ssion shall not recommend approval of a master plan unless the COmmisSAo:t\ has conducted a public hearing pursuant to RCW 35A.63 073 and it is determined that said plan 15 consistent with the conceptual approval and complies with the poliCIes of the comprehensive plan, the purposes .of Section 1762.020. and the provislOns of th\s chapter The planning conun1SSlOn may recommend terms and conditions of approval, and require the proVISIon, and furth.er pubhc review, of additional mformation and analyses in order to i.nsure such comphance. In addition, the planning commiSSIOn may propose changes in the proposed master plan or the proposed zo.t111lg on the basis of information presented in the course of master plan revlew, as long as the changes are cons1.stent 'i\1th applicable CIty plans and pohcles. Changes not conSIStent WIth city plans and pohc(f,':s may be made only if conceptual approval or other plans or pOltCies are first amended accordmgly C City CO\U1Cit Consideration. The planwng commission recommendation shall come to the ctty council for consideration in an open public meeting no sooner than ten nor longer than twenty working days from the date a decision constituting a rooommendal:1on was rendered. The elly council shall comllder the matter I 7 62 . 3 07/15/1999 08 01 350-458-4348 CITy OF YELM PAGE 04 based upon the written record befOre the planning conunission, the conurussion's decision, and any written comments received by the CIty before closure of CIty oftices on a date three days pOOl." to the date set for conslderanon by the CIty council, provId~ that the CIty council may publtcly request adchtIonal specific information from the applicant. the planmng conurussion or CIty or county departments, and, proVIded fw1:hel', If the city cowIcil deternunes that further testimony or argwnent other than such specific information requested is necessary pnor to acnon by such body, the matter shall eIther be retwned to the planning commission or a public hearing shall be scheduled bef01'e the city council for the receipt of such testLffiony or argument. o City Council Action. The city council may accept. modify or reject the planning commission's decision, or any fIndings or conclusions therein, or may remand the decision to the planning commission for :further hearll1g. A declSlon by the CIty council to modify, reject or remand shall be supported by fmdmgs and conclusions A decision by dIe city council approving a master plan shall be accompamed by a schedule for pen,od~c review of the master plan by the phuming oonurussIonnot less than once every five years foUo\-vmg approval Wltil development of the master plan is su.bstantially complete. The action of the city cOlmcil m approvmg or reJectmg a deCISIon of the commission shall be fmal and conclUSIve unless wtthm thirty days from the date of sucll aetton an aiSrieved party files an apphcatlOn for a wnt of certlOran from the Thurston COlmty Supenor Court for the purpose ofrevlew of the action taken. E. Form and Contents of Application for Master Plan Approval The applicant shall subttllt the master plan and supplementary data, including an environmental Impact statement If required, to the planning department The planning department shall inform the applicant WIthin tlurty days of the date of receipt of the applIcation of any deficlencJes found 10 the master plan application. The accuracy of all data and mfonnation submitted on or with a master plan shall be the responsjbihty of the applicant. An application for master plan approval shall include: 1 Textual Information. "'-- vi' Name, address, ZIp code and telephone number of applicant; v15 The names, addresses. Zip codes and telephone numbers of all landowners Wlthm the subject property; ~Tht: names and addresses of all property owners withm one thousand feet of the SIte; Ld/The legal description of the subject property; Le("- The zoning on the subject property; tf:'-- The acreage contamed mth1n the proposed master pIall, the total nwnber of dwelling Wl.its bemg proposed, and the average nwnber of dwellmg wuts per acre ofland; W The numher and acreage of each type of dwellin.g units proposed, (EJ The acreage of open space (mcludmg a separate figure for active recreation space) to be contamed 1.0 the master plan, and the percentage It represents of the total area; ? ~j Tbe total acreage of each type of no:m-esidential use, including the a:ppmximate floor area and type ()f commercial and industrial uses, ~tI 0 ~\~ u1j' The ~ of water SUPPlY.' includiI1g the specrli. c type of facihtm" mvolvod, their capaCities and the U r #0 estimated tinung of com.pletion of these facilities, ~. The method of sewage disposal, to include the name of sewer operator, If any, includmg the speCIfic type of facilities involved, their capacities and the estimated timing of completion of these facilities; 1. A plan for hazardous waste control jf appropriate, including the specific type of facilitIes Involved, theIr capaCltJ.es and the estimated timing of completion of these facilities; m. Appli,;;;ablc sehoul di.strict(s), fire district(s) or departmellt(s) and other special purpose distrIcts, 17 62 - 4 07;15 1999 08 01 350-458-4348 eIn OF YELM PAGE 05 (n/ The means b) which the proposed master plan meets the objectives of Section 17 62.020; & A development schedule IlldIcating the approximate date when construction of the master plan or stages of the master plan can be expected to begin and be completed, mcluding the approximate size 10 acres of each phase, and the proposed phasing of construction of public improvements and recTeational and common open space areas; @ The proposed means of financrng and allocatton of responsibility for providing the utilities and serv1ces reqmred as a result of the development, mc1udmg off.slte facilibes and unprovements. L I 'f): These utiHbes and services shall include, but not be limited to, water, sewer, streets and highways, schools, fife protection, parks, stcnn water control and dtsposal of wastes, mc1uding tox,!.C wastes (tf any), @ When no envJrorunental impact statement 1S required, identify major anticipated adverse enviromnental impacts and specify mitlgatmg measures, mcludmg off-site improvements; "(''' Information on land areas adjacent to the proposed master plan to indicate the relationships between -~ the proposed development and that which is existing and proposed in adjacent areas, mcluding land uses, existing structures, o....'Ilership, tracts, streets and UIUque natural features of the landscape; s. The means ofmeetmg any other requtre.ments imposed as a condtuon of conceptual approval of the master plan. .1.--.. f) P fv p I f1..A../~1 ~ P1'~ 2. Master Plan Map and SupportIng Maps. A master plan map and any maps necessary to show the major details of the proposed master plan must contam the following minimum information at an appropriate scale, as detennmed by the plann.i.n,g department: or.' The boundary lines of the subject property, scale and north arrow; X EXAStmg site conditionsmc1uding water courses, wetland area,. flood plams, uruque natural features, forest cover.. steep slopes and elevatIon contours of appropnate intervals to indicate the topography of the entire tract for a reasonable distance beyond the bonndanes of the proposed development to include adjacent or nearby lands where project impacts are relevant; f[) Location and nature of each land use, Illcluding type and density of dwelling units and type of colIUUerClal, mdustnal and other uses; ;V Approxim.ate location of eXlstmg and proposed artenal and collector streets and major pedestrian and bicycle routes, and a multimodal transportation plan, @ The approxImate location and size of all areas to be conveyed, dedicated or reserved as C01l1Illon open spaces, publIc parks, recreational areas, school sites, fire stations and similar public and seOlipuhllC uses, @ Master dramage plan, mcludmg storm water control., CBl Development phasing; ;h~ Open space network, Q Existing and proposed samtary sewers and water lines, % hlformatton on land areas adjacent to the proposed master plan to mwcate the relatlonships between the pmpoooo development and that which is existing and proposed in adj accnt areas. mcludmg land uses, eXlstmg structures, ownership tracts, streets and UlUque natmal features of the 1ll11dscape, k. Any addItional lOformatton as required by the planning department necessary to evaluate the character and mpaet of the proposed master plan (e.g.. soils, geology, hydrology or grolUld water) -,. 17 62 - 5 ~Uf~ duJ-- ) ~rillJvL '\ t+() p ~ -Y>S1cU JtJfJS--/ kPpliu~d'--' LVI ~ruVq f\~ V~ ~y~ 3> p~lr~ ~v:-{' '5/ Pfi'IP'''U' "1J.A--G uJ}JJ ~p{ fllf^>-~t()ilSldtJ !p( ~},{,rryd ~kt>>L oV()~ rl~,-, ~()Ivv"puV/ t M \b(l) ~ / - / ftJ-d.k a\GL il1u1YOV~/or~f\v./'L/~IV I. ~ /' \\1 r 1 () i) L.. -f (/"-' rJ.O -.5 CVp ()\J-('flJJ/V r iJ/ I zjD O-JLL~ IV/V I 0' r jw >>J~b((~ uU- oj ~~ IJ Jo fJ;J>>J twf ' I ~L, Ao I tY-t=- ~ L , -- 07;15/1999 08 01 350-458-4348 C!TV OF VELM PAGE 05 17.62.070 Timing of master plan submittal. A. If a master plan is not submitted within three years fi'Oll:l the date of conceptual plan approval, and an extension of tIme has not been granted, the conceptual plan approval shall expire and the zoning classificatIOn shall automatJcally revert to the classification m effect prior to conceptual approval, Upon such reverston, projects and de\'elopments approved subsequent to 01" Wl.th conceptual approval and prior to expiration, and not authorized by the classIfication to which the area has reverted, shall become nonconfonning uses B Knowledge of expiration date and lllltiation of a request for extensIon of approval tune is the responsibility of the applicant. The Clty will not provide notification of expirations. All requests for an extension of tittle nwst be submitted to the plannmg department at least tlurty days pnor to expiration of conceptual approval. The plannmg department shall schedule the request for extensIon. for public hearing before the plarrning COIIUIllSSIon upon such nonce and 1O accordance with the conceptual approval procedures of this chapter An extension may be granted for up to three years at a time, if the commission :finds that an extenslOn would be in the public interest and that delay in submitting the master plan was for good cause. If an extenSIOn of tmle is approved, the master plan shall be subject to all new and lmlended. regulations, reqlllrements. poltcles or standards winch are adopted after the date of conceptual approval. 17 62.080 Approval of specific development proposals. Subdivisions, planned industrial developments, planned reSidentIal developments and other specific development actions, when conslstent with the proViSIOns of the master plan and conceptual approval, may be approved according to applicable code requrrements, These actions may be taken concurrent with or subsequent to approval of the master plan and may accompany devel.opm.ent of the site in phases. Review of such actions shall be subject to the laws and regulations whjch would be apphcable to such an acbon regardless of its inclusion within a master plan. 17.62.090 Implementation of master plannPeriodic review. A ReVIew Schedule. The planning commiSSion shaH review the status of development pursuant to themastet plan III accordance with a review schedule adopted as a condition of the master plan. Review shall occur not less than once every five years until development of the master plan 18 substantially complete. B Result of Review Tithe planning commission fmds that substantial completion of development projected for a gIven reVIew phase has been accomphshed, and that development has met and is projected to meet the tenns and mtent of the master plan and otller applicable plans and policies, the planning COlllllllSSlon may authonze the subsequent phase. If the plann.ing comnnssion fmds that these cnteria have not been met, the plalUlmg commission may extend the period. for completion of that phase or terminate master plan approval for subsequent phases. In determining whether to extend ortenninate, the plannmg commission shall COnsIder the reasons complehon has not occurred and whether the public interest would be best served by extension or tennmation. 17.62.100 Administration and enforcement. ^' Building peIIWts and other permits requrred for the construction or development of property under the- provisions OftlllS chapter shall be issued only when the work to be performed meets the requirements of' the master plan. B Minor Administrabve Alterations. Once a prebmmary plat or other development permit Wltlun the master plan area has been reviewed and approved, it shall not be altered unless approved by both the planner and the pubhc works department upon a determination that the alteratIon IS not substantial enough to constitute an amendment to the master plan. e Pmties Bound, Once the master plallls approved, all persons and partIes, thetr successors, heirs or assigns, who uwn, have or \vi.ll have by vIrtue of pmchase, mhel'1tance, assignment or otherwise, any interest in the real property witlnn the proposed master plan, shall be bound by the terms and conditions of approval of the master pl.an. and the provlsions of tlus chapter 17 62 - h iM ~Jl~ Lvfr/ fubW, i ~ of [) S ~ ()}AJ).ofM5> C1l0'L~ . 3Jf(Ju Uk; ~{ 0l'-1-Lp~.} 10~ /~ () (' 1-- ~;v)Pr nP ,do I ~pp LOArp!--l-L.--< \,&'/ 'r'" " c .' (!J ~Jij.u-J!--I tl-1aJfr?( ~ U(yfv,1 (!A~ ~h, (p_ ~ '11 .fo .~ ~ ~nh= L;JJ1iJ.-- (j) 5fv(fr\ oUold cb(f~ ('p,,-~(J~U fJ/Wv- 1~~LJJk)rv @ Ik-fitvfvo/ lfJ;J-d '* >>waf cS~~Yvlill) (9 (l~J~d--/ rD,)e/ _ ~J' (ifbtf. 71. ~ Y rv..;/1'''---" - \ 0) ~ . =? PlootLP(~ . 1LflJ/-- @ . IL ~1.J J)~ f -IV cfV'Y:;.r0-"' ~\~ ~ PJ6<I<fiJle~ f-iS~<'Sf1W1Jv1 _ fV( / ~ 10 O,e.Dwr- ~W"Jo . rL Lrf . . pG ~ 5iA- S I UfJ; *' f1ivt l\.-- 0 'v- ~ -. (}/J .})\~uJ / /1 - 1 or &1 Sr 7 \:;(\0 ~ Nt 0 N S tV ~,L J1l..b-6 - . · . l./ PubU~ J -tJh ~t 0~ -irwJ!,kJ Jb- ~ kAJD(,J-hn~, -p$ I Ch'1 D ~vt04 07;15,1999 08 01 350-458-4348 e!TY OF YELM PAGE 07 D Platting Requirements. The division of property for sale, lease or transfer shall comply with the requirements of the subdIvision ordinance, Title 16 of the Yelm MlDllcipal Code. E. Amendments to Master Plan. TIle plarming cOInmission may make amendments to the waster plan or the ZOnIng as long as the changes are consistent with other apphcable CIty plans and poliCies. Such changes shall be considered pursuant to the procedures for master plan approval as contained in this ordinance, except that the plannIng commission's dectston shall be fin.al unJess appealed to the CIty council. ...........-- ~- 17 62 - 7 ~ J~ / ~vr ~WV,' I'i' A (J I f J, L f{l.u, ~ Htflf - lt~~ ci I ,v AD _ 6u:l"{ !..-l_,cl. I ;; J frYVr- f 1,11 t " ;;j~4 L ~ / 11 o/'hL/>.~ 4'-, (:,,,=~I y'; u~J, /Y1Ju,J---. J..-, lDO cf...-.- J v- ~ ~~o-<:.< LA , ' \ , . /1' ~ oJ"'"' .' /)/) " j R,U:".J In ~,) ~ . ~ !,' ,. A / J j }.. 1:~[{!/#{' f lfr,,-n (/ J \I' ? p '- ;:;rp"/~ I/V J!-A · ) " ') ," Vi' w,1U' tl Sd"eiIO''7 - Iii,' ' \ 'r I' ,,;~ ~ Jl'f~/ ludw ''i;-.?f /,.ovJ (lkL-- 171't l..l'-'Y f -.d'1 " ! {;,~v (LLJ:/ ,6Y~ rAil ,d" ' "/) t W (-h,.; /Vb t, - U)JJ {V1 ,(L.~ ~ ~ iY[/I\IIi\()i\- b"- "j , pI '-"',' " -1'! , -' 'ulJ . t..>> ~V" 1 ~ , n . 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Robert W Thorpe, AICP Stephen Speidel, ASLA, Vice President Gareth V Roe, AICP, Director of Planning June 18, 1999 (RevIsed June 29, 1999) ~-'-~~"-''-~-'--'~'---~~._._~------~ \ f" i ., Trj" D""\ , ( ~ , 'i 1>.._,,( JUL 2 1999 AJexanderVV 11ackIe Owens, DaVIes, 11ackIe, P S PO Box 187 OlympIa, WA 98507-0187 r-j'\ Cathy Carlson, Planmng Drrector Shelly Badger, City Adrmmstrator City of Yelm PO Box 470 Yelm, VV A 98597 RE: Thurston Highlands Master Plan Application and SEP A Addendum Dear SandIe, Cathy, and Shelly, Tills letter IS to summanze conversations I have had recently WIth you and WIth your offices and to set forth mformatlOn we are obtammg from Torn SkIllmgs, P.E., of SkIllmgs and Connelly The letter follows the outlme of SandIe 11ackIe:s January 26, 1999, letter It also incorporates the dISCUSSIOns and the rmnutes of our Apnl 7, 1999, meetmg at the City of Yelm that included Frank Kirkbnde aI1d Paul DeTray representing the Henry Dragt Property Joint Application VVe have been and contmue to be SUpportIve of the concept of a Jomt applIcatIOn of Thurston Highlands ,and the Dragt property as set forth on the first page of the letter of January' 26, 1999 Subsequent to that meetmg, we have undertaken the development of a Conceptual 11aster Plan and a working draft of an EIS Addendum. In addItion, we have,pursued mformatlOn conGernmg well water SItes and a program on LID for water and sewer extensIOn to the property as well as an RID for road extensIOns. VVe have also developed a Phase I concept in two dIfferent locatIOns on the Thurston Highlands 11aster Program. VVe would re~terate our deSIre to work Jomtly Under the VVashmgton State EnVIronmental PolIcy Act (SEP A), a reVIew of a project ma.ndates that the "cumulatIve Impacts" be conSIdered for other potentIal actIOns that may affect tills development. It would appear that the most cost effectIve way to comply WIth SEPA IS to pursue aJomt property analYSIS m the addendum. it IS WIth some dIsappOIhtment that, following our transnuttal of EISs and a 11aster Plan to Frank Kirkbride, the meetmg we antICIpated havmg shortly after that transmittal in early 11ay has not occurred. Numerous phone calls and attempts to JrutIate the meetmghave not been siIccessful to date. We contmue to be illghly deSIrable of pursumg a Jomt applIcatIOn for the cOmbmatIOll of water; sewer, and road Improvements as well as the EISaddenduni, However, m addItIOn to our not .bemg able to arrange a meetmg, we have not been able to get a status call nor a letter Status of Applic~tion Requests in the Letter of January 26, 1999, and the April 7, 1999, Meeting 1 11aster Plan. R.VV Thorpe & Associates (RVVT/A) has developed a reVIsed 11aster Plan, has proVIded a copy to Fr<;tnk Klrkbnde's office, and has shown'two alternatIves for the first 500 .:..:. 705 Second Avenue Suite 710 Seattle, Washington 98104 (206) 624c6239 Fax (206) 625-0930 e-mail planning@rwta.com .:..:. _L o THA Master Plan, page 2 of 5 o umts--one at the southeast entrance and another at the southwest entrance. In addItIon, a modIfied golf course of 18 holes (rather than 36) and the activIty center redesIgn have been developed m the Master Plan. Phase I ofTHA's applIcatIOn will be for 500 umts, a 9"'"hole golf course, support facIlIties, and the entry boulevard. The Master Plan mcorporates K.Irkbnde's conceptual sIte plan, cIrculatIOn plan, and uses A copy of thIS map IS enclosed. pursuant to SandIe Mackle's letter, page 2, we have developed the mformatIOn reqUIred under the applIcatIon YMC 17 62.05(C) ThIs mformatIOn wIll be a part of the applIcatIOn package. 2. ApplIcatIon of Final Master Plan. Some of the same mformatIOn m the conceptual Master Plan IS con tamed m the final Master Plan apphcatIOn, WIth appropnate fees for both. 3 THA should have the flexibilIty to locate umts wherever IS appropnate. ImtIally 500 .:!:. umts located as follows . 300 dwellmg umts m the northeast comer, adjacent to DragtJ DeTray's subdIVISIOns . 200 dwellIng umts m the southwest comer along the new Entry Boulevard fI,"om Highway 507 . All 500 dwellmg umts could be m the southwest comer dependmg on whether or not DragtJ DeTray develop Loop Road Fees SandIe's January 26,1999, letter IS not preCIse as to thesplIttmg of fees, however, as we understand It, there wIll be a $1,000 ob applIcatIOn fee fqr each of the two applIcatIOns, that of Thurston Highlands and that of Dragt. In aqdItIOn, there IS a $1,500 00 deposIt for the EIS addendum to cover scopmg (splIt 50/50) Furthermore, each property owner needs to deposIt $5,00000 towards the future City processmg,fees that mcludefees for attorneys and the City's contract erigmeers, Skillmgs and Connelly Each property own~r has lustonc fees for proven work done on sewer and water applicatIOnS to Waslungton State DOE. The Thurston Highlands' portIon of that would be $28,012.22 (Dragt's IS $16,716 00) My ca1culatIOnsare that Thurston HigW;mds would be reqUIred to pay the followmg: Past ProfeSSIOnal SerVIces Fees--"water, sewer, etc $28,012 22 Master Plan ApplIcation Fee (THA) $ 1,00000 SEPA Addendum (50% of $1,50000) (THA & Dragt) $ 75000 DeposIt for Penmttmg ServIces (THA) $ 5.000,00 Total $34,762 22 We would appreCIate venficatIon of our calculatIOns. Water Rights and Water Wen Issues - Based on Conversations With Sandie Mackie and Information We are in the Process of Obtaining from Tom Skilling's Office It IS our understandmg that there IS a reqUIrement for one, and optionally two, one-acre well SItes on the Thurston Highlands Property that would be part of the Master Plan. applIcatIOn. We have shown two SItes on the Master Plan (the SIte and easements can be surveyed after located and the Master Plan modIfied to reflect pressure locatIOn) In addItion, we need to update mformatIOn on Thurston HIgWands to supply to the City and SkillIngs tQ'remstate the test well applications WIth Washmgton State Department of Ecology These applIcatIOns will be completed by the CIty'S engmeersand consultants, and appropriate fees provided for by THA We understand there is an mItIal fee of approxImately $1,700 OOt that should accompany these forms. Please have your City Engmeer adVIse us as to the applIcation amount or fee. .:. .:. RWT / A 705 Second Avenue Suite 710 Seattle, Washington 98104 (206) 624-6239 Fax 625-0930 .:. .:. o THA Master Plan, page 3 of 5 o Road, Water, and Sewer Improvements Thurston Highlands IS explonng two alternatIves. The first alternatIve consIsts oran.access from the northeast which would mclude water, sewer and road connectIOns from the Dragt Property (at the pomt where Improvements were stopped at Thompson Creek) to the Thurston HigWands Property It would appear that If thIS option IS pursued, that desIgn should occur by the Dragt applIcatIOn for that road, sewer, anq water deSIgn and locatIOn. UtIlItIes sIzmg would necessanly need to be mcluded to accommodate both early phases as well as the future phases of Thurston HigWands. It IS our understand that the City--upon agreement WIth THA, Dragt and other affected property owriers--would form the appropnate road Improvement dIStnCtS (RIDs) and water and sewer Improvement dIStnCtS (LIDs) to accommodate thIS development. Development of roads and utilItIes would be through the LID/RID wIth partICIpatIOn by both Dragt and Thurston HigWands. AlternatIvely, the southwest access would reqUIre development by Thurston HigWands of roads, water, and sewer WIth a potentIal future loop to the northeast--1.e., the area under conSIderatIon m the first alternatIve. Page 3, Environmental Review Per our meetmgon Apnl 7, 1999, It IS our understandIng that we will pursue a verydetaIledEIS Addendum. Thus, the fee would be $1,500 00, and review by the City would be on a consultant baSIS WIth theIr fees paId by both applIcants R.W Thorpe & ASSOCIates has mItIated thIS based upon a prelml1nary SCOpIng set forth at the meetIng whIch Includes the follOWIng- Prelml1nary SCOpIng 1 Update. a) Po.pulatIOn, Housmg, Schools, and Employment l;J) Land Use - Includmg PhaSIng c) ComprehensIve PlannIng, Zomng, GMA, and CapItal FaCIlItIes Plan d) ESA (Endangered SpecIys Act) and other recent legIslatIOn and Issues e) Parks, RecreatIOn, and Golf Course Amendments 2. DetaIled. AnalYSIS a) Land Use--1.e., Master Plan Update and AlteniatIves b) CrrculatIon Plan c) TranspIratIOn Impacts d) Wetlands mventory and analYSIS e) WildlIfe, Fish, and RecreatIOn f) Infrastructure Plans, PhaSIng, and FundIng Progress R.W Thorpe & ASSOCIates has developed an extenSIve eXIstIng condItIOns data base and will refine other elements asmformatlOn becomes available. We have developed a sectIOn on land use and a crrculatIOn plan based on the reVIsed Master Plan, as well as mformatIOn on recreatIOn and reVIsed golf course deSIgn. We are aWaItIng an updated wetland Inventory and the aSSIgnment of a transportatIOn consultant to comph~te those steps. Our eXIstIng data mcludes both projects and the Master Plan concept mcludmg Phase I of the Dragt Property We Intend to follow a Jomt SEP A AnalYSIS unless dIrect~d to do otherWIse by the City We assume that the EIS Addendum cost wIll be shared between the two property owners. It would seem eqUItable that the cost should be shared equally and that the SIze of the property .or the number ofumts does not affect the envrronmental analYSIS, only the fact that there are two projects and two parcels Thus It would appe<;rr that a 50/50 splIt IS an eqUItable baSIS to covers the EIS addendum. ThIS would be supported by the fact that the prevIOUS EIS and all technical consultants were paId for by THA although Dragt receIved a sIgmficant benefit by having a Master Plan and AnnexatIOn approval. ' .:. .:. RWT / A 705 Second Avenue Suite 710 Seattle, Washington 98104 (206) 624-6239 Fax 625-0930 .:. .:. " THA Master Plan, page 4 of 5 0 o The vanous project specIfic Issues we are pursuing mclude the followmg' 1 Sewer 2. WaterRights 3 Traffic - includmg dISCUSSIons wIth property owners concermng the extensiOn of Kilhon Road south of Yelm Ave Page 4, Time Line #3 - Joint Plan~ing Schedule We have assumed SandIe Mackie's schedule with the modIfication that the applicatiOn by Thurston Highlands would occur the week of July 12 - 1,6, 1999 All other dates have slid accor9mgly with the Planrimg ConurussiOn ReVIew occumng m November and City Council ActiOn m November or December of 1999 Week of Schedule Item April 7, 1999 . Joint preapplication meeting with drafts of the conceptual and final master plan applications and agreement on a Jomt processmg schedule July 12-16, 1999 . A joint conceptual master plan application is filed with associated fees . IndIVIdual master plan applicatiOns are filed WIth assocIated fees August 1999 . Notice of completeness is issued . Draft proposals for water, sewer, and transportatiOn are sublllltted October 1999 . Finalproposals for sewer, water, and transportation ate identified . Supplemental envIronmental documents are sublllltted for reVIew (likely I an EIS addendum addressmg changes smce the comprehensIve plan approval and deSIgnatiOn) November 1999 .. Final comment period closes for environmental documents . Public heanng notIces for Plannmg ConurussiOn November 1999 . Planniilg.Commission public hearirigs and workshops as necessary November 1999 . Planning Commission recommendation . City Council heahng notIced Nov -Dec1999 . City Council proceedings on Conceptual and Final Master Plans and first phase development plats or plans Page 5, Previous Fees, Paragraph 2 I have conveyed to Paul LIao of Thurston Highlands the reqUIrement of the City that a past fee of $28,012.22 IS necessary to move thIS project ahead. In adqitiOn, a depOSIt for $5,000 00; a $1,000 00 Master Plan ApplIcation, and 50% of the SEP A fee (i.e., $750 00) is required. Based on a conversatiOn of thIS date, It IS my understandmg that Thurston Highlands IS m concurrence WIth thIS request. We would request, as we dId at the meetmg, assIgmng a target hIgh end fixed fee for both attorneys fees and outsIde engineenng fees Thurston Highhinds will incur sIgmficant processmg costs for the EIS addendum, Master Planmng, Engmeenng, and consultants fees for wetlan<;ls, traffic, plannmg, and othenssues. Thurston Highlands would expect a memorandum statmg estimated costs by attorneys and engmeers for thIS project conSIstent WIth our conversatiOn at the Apn17, 1999, meetmg. Conclusion In conclUSiOn, we appreCIate the aSSIstance of Alexander Mackie's office and hIS staff, and that of the City Adllllmstrator and City Planner to date, as well as Tom SkIllmgs. I have been asked to reIterate that we are movmg ahead per our agreements of Apnl 7, 1999, and are pursumg tlus .:. .:. RWT / A 705 Second Avenue Suite 710 Seattle, Washington 98104 (206) 624-6239 Fax 625-0930 .:. .:. : If THA Master Plan, page 5 of 5 0 o proJect actIvely and aggressIvely I have been dIrected to do whatever IS necessary to move thIs project ahead. I wIll be assIsted on the Master Plan by Steve SpeIdel, ASLA, RWT/A's VIce PresIdent, and on the envIronmental analYSIS by Gareth Roe, AICP, RWT/A's DIrector of Planmng, as well as by our support staff We will be assIsted by a wetlands consultant who has already been selected, and a transportatIOn consultant to be revIewed by Skillmgs I concur wIth SandIe's closmg paragraph. Good commumcatIon "will assure the closest coordmatIOn of the projects and'the least opportumty for rmsunderstandmg" We look forward to workmg WIth the City, consultants, and all stake-holders m thIS process Respectfully Subrmtted, R. W Thorpe & A.SS~.ciates, lIe ~~f-iJ ~~ Robert W Thorpe, PresIdent encl. Master Plan Attachment A - QuestIOnsl Issues to be Resolved cc: Paul LIao, Thurston Highlands Denms Su, Thurston Highlands Tom SkIllmgs, Skillmgs and Connelly Henry Dragt, Property Owner Kirkbnde & AssocIates .:. .:. RWT / A 705 Second Avenue Suite 710 Seattle, Washington 98104 (206) 624-6239 Fax 625-0930 .:. .:. a o o R. W. THORPE & ASSOCIATES, INC. .:. .:. Planning . Landscape . Environmental . Economics .:..:. PRINCIPAL. Stephen Speidel, ASLA, Vice President Robert W Thorpe, AICP Gareth V Roe, AICP, Director of Planning Attachment A - Questions! Issues to be Resolved in the Master Plan Review! Approval by. the City of Yelm for Thurston. Hi2hlands Application . 1 THAshould have the flexibilIty to locate umts wherever IS appropnate ImtIally 500 .:t umts located as follows a) 200 to 300 dwelimg umts m the northeast comer, adjacent to Dragtl DeTray's subdivIsIOns b) 200 to 300dwellmg umts In the southwest comer along the new Entry Boulevard from Highway 507 c) a;11500 dwellmg umts could be m the southwest comer dependmgon whether or not Dragtl DeTray develop LoopRoad 2. The CIty mdlcated recently that they have other places to acc~pt the reclaImed water, thus they don't need THA"s site for reclaImed water dIsposal If so, why does THA pay for $28,012.22 Without the benefitofusmg reclaimed water for Imgatmg the golf course? 3 THA assigned our nght for the City to apply and obtam water nghts at THA's site because the City ~an get It faster THA must have an agreement With the City allowmg THA to use ItS own well for potable and rrngatIon water Any excess water can be delIvered to other users With assessment of a latecomers' user charge to compensate for THA's pre-capital mvestment. 4 Make sure that the City has Dragtl DeTray sign the Inter-ReCiprocate Easement for buildmg the Loop Road. 5 Venfy that the City, per Sandl~ MaclGe's conversation, will proVide at least 500 umts' water supply plus addltIon~1 water for lITIgatIon at regular City's water user charges. Cali. the City provide more than 500 umts? 6 If Dragtl DeTray do not plan to complete the Loop Road form their property to the northeast comer of THA's Site, THA may norbe able to connect sewer to the City's sewer at the most econoll11cal cost. THA could connect the sewer from the southeast comer, however, It IS too far away from the City's. sewer Therefore, the City must have RID/LIDto bulld the seWer on the Loop Road from Dragtl DeTray's property Tills would reqlhre a Signed Inter- Reciprocate Easement Agreement between Dragtl DeTray and the City 7 Our other nghts to be negotiated With the City mclude. a) prelIll11nary grading (for aU or part of the site) b) recyclmg of surface gravel c) wetland enhancement and/or relocatIOn .:..:.705 Second Avenue Suite 710 Seattle, Washington 98104 (206) 624-6239 Fax (206) 625-0930 e-mail planning@rwta.com .:..:. Memo To: From: Date: Subject: Shelly Badger, Ken Garmann, Sandy MackIe CathIe Carlson July 1, 1999 DetermmatIOn of Complete ApplIcatIOn for Prame VIew Master Plan Attached IS the mformatIon submItted by Frank KIrkbnde for the Dragt/Detray Prame VIew Conceptual and Master Plan approval Tom SkIllIngs and Perry Shea have also receIved the same packet. We have a meetmg set for July 19 at 10 00 am, CIty CouncIl Chambers, to dISCUSS the applIcatIOn content. At that meetmg we need to decIde one of the followmg 1 That the applIcatIOn IS complete as submItted 2 Request addItIonal mformatIOn for the applIcatIOn to be conSIdered complete 3 Determme the applIcatIOn IS complete, but request addItIonal mformatIOn for the enVIrOI1lllental reVIew I have a copy of the Southwest Area AnnexatIOn EnvIronmental Statement If anyone needs to borrow It. If you have any questIOns gIve me a call at 458-8408 FRANK J. OWENS ARTHUR l. DAVIES JOHN V LYMAN ALEXANDER W. MACKIE' RICHARD G. PHILLIPS, JR. BRIAN L. BUDSBERG MICHAEL W MAYBERRY KIRK M. '/E!S ROBERT F HAUTH MATTHEW B. EDWARDS OWENS DAVIES MACKIE P.s. A Professional Services Corporation Attorneys at law Street address 926 - 24th Way S. W OlympIa, Washington 98502 Mailing address PO Box 187 Olympia, Washington 98507-0187 Phone (360)943-8320 Facsimile (360) 943-6150 BURTON R. JOHNSON (1970) ERIK D. PRICE DAVID B MERCHANT ALSO ADMITTED IN WASHINGTON, D.C. Apnl 6, ] 999 VIA TELEFAX 491-6904 Frank Klfkbnde The KIrkbnde Group, Inc 4405 Seventh Avenue SE, SUIte 301 Lacey, WA 98503 Dear Frank. You were askmg CathIe Carlson for a completeness letter on your applIcatIOn. The applIcatIOn was filed after the eXpIratIOn of the prelImmary master plan and thus cannot be complete wIthout a master plan. Further, an applIcatIOn reqUIres an envIronmental checklIst, whIch was not done m your case I understand we are meetmg Wednesday, so we can address the subject m more detail at that time. Presently the CIty consIders all dIscussIOns and documents to be m the nature of prelimmary submissIons, as no project can move forward until a prehmmarj master plan has been submItted for approval. Very truly yours, OWENS DAVIES MACKIE, P S K\).J V\\C\...<.Jl..'--L 10- Alexander W MackIe A WMIkr cc Shelly Badger vCathIe Carlson C:\53\ Y elm\KirkbrideLt. wpd - (J{l VI ~CU( tAl~w-M1\ -r- ~ ()kfu~~~ Apnl17,1998 DragtJDeTray L.L.C 3650 PacIfic Avenue OlympIa, WA 98501 Re Southwest Yelm AnnexatIOn Area Development Agreement for Dragt property development I}M~(vtr Dear Mr -yragt~nd Mr DeTray. Attached you will find the Southwest Yelm AnnexatIOn Area Development Agreement specIfically drafted for the Dragt property described m Schedule A attached. ThIS agreement IS for your reVIew and consIderatIOn and IS necessary pnor to the CIty'S reVIew and detenmnatIOn of completeness of the apphcatIOn for Master Plan Approval for Prame View, a TradItIonal NeIghborhood Development. Please feel free to contact me at 360-458-8405 If you have any questIOns related to the agreement or CathIe Carlson, CIty Planner at 360-458-8408 regardmg the process. Once we have receIVed a SIgned copy, the CIty wIll begm the "certIficatIOn of completeness" described on Page 2, Paragraph B of the agreement. Thank you and we look forward to kIckmg off our first Master Plan development approval process for the Southwest Yelm AnnexatIOn Area! Smcerely. ~\L14,A ~f3ac~ ~ Shelly A.6ja~ger ( CIty AdmmIstrator, CIty ofYelm cc (w/enclosures) Henry & Jane Dragt The KIrkbnde Group, Inc , K. Frank Ktrkbnde Sandy MackIe, Owens DaVIes MackIe CathIe Carlson, Yelm CIty Planner * &cycled paper City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 Apnl 17, 1998 Dragt/DeTray L.L.C 3650 PacIfic Avenue OlympIa, WA 98501 Re' Southwest Yelm Annexation Area Development Agreement for Dragt property development Dear Mr ~~~1nd Mr DeTray' Attached you wIll find the Southwest Yelm AnnexatIOn Area Development Agreement specIfically drafted for the Dragt property described in Schedule A attached. ThIS agreement IS for your reVIew and consIderatIOn and IS necessary pnor to the CIty'S reVIew and determmatIOn of completeness of the apphcatIon for Master Plan Approval for Prame View, a TradItional NeIghborhood Development. Please feel free to contact me at 360-458-8405 If you have any questions related to the agreement or CathIe Carlson, CIty Planner at 360-458-8408 regardmg the process. Once we have receIved a sIgned copy, the City wIll begm the "certIficatIOn of completeness" described on Page 2, Paragraph B of the agreement. Thank you and we look forward to kIckmg off our first Master Plan development approval process for the Southwest Yelm Annexation Area! Smcerely' ~~,A ~tca~,~ Shelly A.6Ja~ger C City AdmmIstrator, CIty of Yelm cc (w/enclosures) Henry & Jane Dragt The KIrkbnde Group, Inc , K. Frank Ktrkbnde Sandy MackIe, Owens DaVIes MackIe CathIe Carlson, Yelm CIty Planner * Recycled paper SOUTHWEST YELM ANNEXATION AREA DEVELOPMENT AGREEMENT TillS AGREEMENT dated thIS _ day of , 1998, by and between the CIty of Ye1m, hereafter referred to as the "CIty," and Dragt - Detray L.L C , hereafter referred to as the "Sponsor" WITNESSETH. 1 The Sponsor IS the owner of the property described m Schedule A attached hereto, whIch property was annexed to the CIty under the terms of the Southwest Yelm AnnexatIOn Agreement dated November 23, 1993 2 The CIty and Sponsor have concluded the approval of the annexatIOn, ComprehensIve Plan deSIgnatIOn, and development regulatIOn approval for a planned commumty A conceptual master plan approval for a planned communIty on Sponsor's property as contemplated m the referenced AnnexatIOn Agreement has expIred, but the CIty IS processmg a renewal substantlally m the same form concemmg Sponsor's property 3 The CIty has approved ItS Water and Sewer ComprehensIve Plans and Water Reuse FaCIlItIeS Plan whIch all IdentIfy the method, fmancmg, and tlmmg of provIdmg adequate water, waste water and reuse faCIlItIes to the CIty 4 The Sponsor has approached the CIty WIth a request to process the final step of the annexatIOn/master plannmg process contemplated m the referenced AnnexatIOn Agreement and the partIes deSIre to IdentIfy m greater detaIl the steps reqUIred and the responsibIlItles of each m connectIOn WIth future reVIeWS and approvals 5 The fmal master plan approval process IS speCIfic to mdIvIdual propertIes and the CIty has agreed that each of the major propertIes may proceed WIth fmal master plan approval, dealmg WIth Issues of fmal layout, phasmg, mfrastructure, and other project speCIfic development Issues, mdependent of the tlmmg of development of the other propertIes wIthm the conceptual master plan. 6 The processmg of mdIvIdual master plans wIll reqUIre a final reVIew of the Issues of phasmg, concurrency, and the adequacy of faCIlItIeS, and partIcularly water, wastewater, transportatIOn (both on SIte and off sIte), and the allocatIOn of responsibIlIty, costs, and the proposed tlmmg of the final plan. 7 ThIS Agreement IS a contmuatIOn of the Southwest Yelm AnnexatIOn Agreement dated November 23, 1993, and shall supplement and supercede SaId agreement WIth respect to the I processmg of the fmal master plan for Sponsor's property NOW THEREFORE, m conSIderatIOn of the mutual covenants and restnctIOns contamed herem, the partIes do hereby agree as follows Schedule: A. Master Plan ApphcatIOn. The Sponsor has filed the master plan and related apphcatIOn. The apphcatIOns to be revIewed shall mclude 1 A final master plan wIth the mformatIOn reqUIred by Chapter 17 62 of the Yelm CIty Code 2 Any speCIfic gradmg plans or prehmmary plans for whIch Sponsor requests approval m advance of fmal master plan approval and a JustIficatIOn demonstratmg that the conceptual work wIll not adversely affect the final master plannmg process. B CertIficatIOn of Completeness Wlthm 30 days of the date the apphcatIOn and a sIgned agreement are receIved, the CIty shall reVIew the matenals submItted m conjUnctIOn wIth the final master plan and assocIated permIts for completeness and advIse Sponsor of the status of the apphcatIOn. C EnvIronmental Documents The Sponsor has requested and the CIty has agreed to contract for envIronmental reVIew on a reImbursable basIs. The CIty proposes to contract WIth Adolfson ASSOCIates, Inc , who has done the CIty comprehensIve plan EIS and IS famlhar WIth the CIty and the master plan and area. No contract wIll be Issued wIthout Sponsor's approval. The envIronmental documents shall detaIl the proposed phasmg, the umts assocIated wIth each phase, the on SIte and off SIte Improvements to be mstalled wIth each phase, and IdentIfy the means by whIch concurrency shall be measured for each phase The CIty WIll proVIde reVIew and gUIdance scopmg the addendum, commentmg on the drafts, and ultImately IssUIng the fmal approval. Nothmg m thIS Agreement commIts the CIty to any speCIfic result WIth respect to the final plan, as the CIty WIll exerCIse ItS judgment wlthm the constramts of the CIty'S adopted plans, regulatIOns, and state laws wIth respect to development approvals. The City agrees to respond to each phase of the envIronmental reVIew process wlthm two weeks of consultant's submIttals. SpeCIfic Issues to be addressed m the addendum mclude 1 Gradmg plan and constructIOn penod mItIgatIOn to assure protectIOn of stream, wetland, and buffer areas and adjommg propertIes and reSIdences. 2 Stormwater control for each phase, mcludmg a flood hazard analYSIS of Thompson 2 Creek and mItigatIOn to assure that seasonal floodmg along Thompson Creek wIll not be mcreased by any phase of the project. 3 Wetland delmeatIOn and buffer desIgnatIOn and any steps to mmlmlze dlSluptIOn of wetland areas durmg constructIOn. 4 Traffic for each phase 5 Sewer reqUIrements for each phase and reuse and recyc1mg opportunItIes on sIte commensurate WIth project waste water use All sewer dIsposal and reuse optIOns must be consIstent WIth the CIty Water Reuse FacihtIes Plan. The CIty may conSIder an amendment to the Plan (to the Departments of Ecology and Health) at Sponsor's request If the amendment IS otherwIse consIstent WIth the CIty plans and needs If an amendment IS requested, the cost of such an amendment shall be borne by the Sponsor 6 Water and water nghts to serve the project and phasmg tied to acqUISItIOn of sUItable water nghts. 7 Park location and open space faclhtIes to be (a) DedIcated WIth each phase (b) Improved WIth each phase (c) Bonded by a phase but constructed later 8 Such other Issues as may be raised durmg scopmg. D Prehmmary PermIts Once enVlr01unental reVIew IS complete, the CIty WIll Issue a gradmg permIt for prehmmary on SIte work where (1) the gradmg wIll not matenally mterfere WIth the development of the fmal master plan, and (2) the gradmg wIll not result many SIgnIficant adverse envlfonmentallmpacts, mc1udmg but not hmlted to any matenallmpact to cntIcal areas. E Final Master Plan Heanngs The CIty WIll schedule pubhc hearmgs before the Planmng CommIssIOn on the final master plan 60 days after the pubhcatIOn of a complete approved addendum (or fmal SEIS If a matenal change IS proposed) Pubhc hearmgs by the CIty CouncIl shall be held 60 days after the Plannmg CommIssIOn hearmg and a final deCISIOn WIll be Issued wlthm two weeks of the CIty CouncIl hearmg. F ReVIew staff: The CIty reVIew staff and fee basIs shall be CIty staff: Shelly Badger, Cathie Carlson, Ken Gannann Adolfson Associates, Inc -envIronmental reVIew-contract rates as bIlled Skillmgs-Connolly, Inc -sewer and water-contract rates as bIlled S Chamberlam & ASSOCIates, Inc -transportatIOn-contract rates as bIlled Owens DaVIes MackIe-land use and envIronmental legal reVIew and process, legal documentatIOn-contract rates for speCial property as bIlled 3 G Fundmg. The Sponsor shall deposit with the City the sum of $10,000, which shall be used to reimburse the reView staff at the applicable rates. When less than $1,000 is m the accOlmt, the City shall request an additional $10,000, to be deposited m the City account. No contractor is authonzed to mcur costs if the City does not have sufficient funds m the account to pay the costs. Any excess funds shall be returned to the Sponsor upon issuance of the fmal master plan. H. Reimbursement. Sponsor Will reimburse the City for previOusly completed survey and engmeer design costs mcurred m preparmg reclaimed water lme drawmgs for the central loop road and detailed plans identifymg locatiOn of the rapid mfiltratiOn basms for storage and discharge of recycled water for the Site m the amount of $16,716 00, wInch funds are due withm 30 days after master plan approval. I. Amendment: ThiS Agreement is an amendment to the AnnexatiOn Agreement dated November 23, 1993 which, except as superceded above, shall remam m full force and effect. IN WIlNESS WHEREOF, the parties have executed thiS Agreement as of the date and year first wntten above. DRAGT-DETRA Y L.L.C By. CITY OF YELM By. 4 SCHEDULE A Legal description of Dragt property Thurston County Assessor's Parcel Numbers: 21724310100, 21724320000, 21724330000, 21724340100, 21723410000, 21723440000, Sections 23 & 24, Township 17, Range 1 East W.M. C "IWP51 153IYELMIDRAGT.AGR Report Date: 3/18/98 SKILLINGS-CONNOLLY, INC. Employee Billing Schedule Page: Selection Criteria - From Schedule: YM Thru Schedule: YM From Employee: 101 Thru Employee: Include Terminated Employees (Y/N)7 N (Does Not Include Defaults) 991 Schedule Employee Code Employee Name Staff Code DEPT PHASE TASK Bill Rate Multiplier Cost Rate OT Mult YM 101 Thomas Skillings 100 100.00 1.000 0.00 0.00 103 Robert Connolly 100 97.15 1 000 0.00 0.00 104 Laura Skillings 100 85.71 1.000 0.00 0.00 204 John Crossman 200 57.68 1.000 0.00 0.00 210 Kelly Harris 200 n.20 1.000 0.00 0.00 211 Stephen Thomas 200 91.20 1.000 0.00 0.00 214 Larry Blackerby 200 71.43 1.000 0.00 0.00 219 John M. Tevi s 200 74.17 1. 000 0.00 0.00 220 Lyle P. Renz 200 / 91.23 1.000 0.00 0.00 222 Gary Wheeler 200 97.15 1. 000 0.00 0.00 223 Barry Morehead 200 80.00 1.000 0.00 0.00 409 Debra Delzell 400 58.57 1.000 0.00 0.00 412 Brian Matthews 400 58.57 1.000 0.00 0.00 413 Jason Bruhn 400 53.35 1.000 0.00 0.00 415 Manuel Abarca 400 47.15 1.000 0.00 0.00 416 Zheng John Lu 400 45.71 1. 000 0.00 0.00 504 Bruce Robison 500 85.72 1.000 0.00 0.00 659 Mark Watkins 650 55.00 1.000 0.00 0.00 702 Jack Swarthout 700 52.20 1. 000 0.00 0.00 707 Kenneth Schuh 700 40.00 1.000 0.00 0.00 818 Travi s D. Sater 800 48.57 1. 000 0.00 o 00 819 Lane Sater 800 45.15 1. 000 0.00 0.00 827 Krista Killll1el 800 38.29 1.000 0.00 0.00 903 Lisa Robinson 900 40.00 1.000 0.00 0.00 904 Nita Bruhn 900 31.43 1.000 0.00 0.00 936 Bryan Connolly 900 14.72 1.000 0.00 0.00 937 Pat Umino 900 31.43 1.000 0.00 0.00 938 Julie Kraman 900 31.43 1.000 0.00 0.00 940 Sean Connolly 900 14.72 1.000 0.00 0.00 --------------------------------------.----------------------------------------------------------------.---------------------- 677 Woodland Squart: Lp sr; Lacey, WA 985U3 P.O. Box 3485 Lacey, WA 96509-3485 (360) 493-6002 (888) 493-6002 Toll Free (360) 493-2476 Fa~ r;:imflles/scarates.xls \, Hourly Rate (In dollars) 110 85 75 65 60 55 85 60 65 75 60 60 55 45 45.55 50 40 105 140 r I Y I l TRAN&r()RT~TluN P I ANN I N G . SUR y' E )' I N G II I -I - 1 II r: rl F 1\1 3/19/98 F II ~ Billing Rate Schedule Effective February 1998 Classification Principal Project Manager Project Engineer II Project Engineer I Design Engmeer II Design Engineer I Sr Land Surveyor Land Surveyor Semor Planner Transportation Planner Traffic Analyst Engmeering Tech III Engineering Tech II Engineering Tech I Survey Technician Admin/Marketing Clerical 2-Man Survey Crew 3.Man. Survey Crew Direct project expenses and reproduction costs are billed at cost plus 15% '" SOUTHWEST YELM ANNEXATION AREA DEVELOPMENT AGREEMENT THIS AGREEMENT dated thIS _ day of , 1998, by and between the CIty of Yelm, hereafter referred to as the "City," and Dragt-Detray L.L.C , hereafter referred to as the "Sponsor" WITNESSETH. 1 The Sponsor IS the owner of the property described m Schedule A attached hereto, whIch property was annexed to the CIty under the terms of the Southwest Yelm AnnexatIOn Agreement dated November 23, 1993 2 The CIty and Sponsor have concluded the approval of the annexatIOn, ComprehensIve Plan desIgnatIOn, and development regulatIOn approval for a planned communIty A conceptual master plan approval for a planned communIty on Sponsor's property as contemplated m the referenced AnnexatIOn Agreement has expIred, but the CIty IS processmg a renewal substantially m the same form concemmg Sponsor's property 3 The CIty has approved ItS Water and Sewer ComprehensIve Plans and Water Reuse FacIlIties Plan whIch all Identify the method, fmancmg, and tnnmg of provIdmg adequate water, waste water and reuse facIlIties to the CIty 4 The Sponsor has approached the CIty WIth a request to process the fmal step of the annexatIOn/master plannmg process contemplated m the referenced AnnexatIOn Agreement and the partIes deSIre to IdentIfy m greater detaIl the steps reqUIred and the responsibIlItIes of each m connectIOn WIth future reVIews and approvals. 5 The fmal master plan approval process IS specIfic to mdIvIdual propertIes and the CIty has agreed that each of the major propertIes may proceed WIth fmal master plan approval, dealmg WIth Issues of fmal layout, phasmg, mfrastructure, and other project specIfic development Issues, mdependent of the tImmg of development of the other propertIes wIthm the conceptual master plan. 6 The processmg of mdIvIdual master plans wIll reqUIre a final reVIew of the Issues of phasmg, concurrency, and the adequacy of faCIlIties, and partIcularly water, wastewater, transportatIOn (both on SIte and off sIte), and the allocatIOn of responsibIlIty, costs, and the proposed tImmg of the final plan. 7 ThIS Agreement IS a contmuatIOn of the Southwest Yelm AnnexatIOn Agreement dated November 23, 1993, and shall supplement and supercede saId agreement WIth respect to the processmg of the fmal master plan for Sponsor's property NOW THEREFORE, m consIderation of the mutual covenants and restnctions contamed herem, the partIes do hereby agree as follows Schedule. A. Master Plan ApphcatIOn. The Sponsor has filed the master plan and related apphcation. The apphcatIOns to be revIewed shall mclude 1 A fmal master plan WIth the mformatIOn reqUIred by Chapter 17 62 of the Yelm CIty Code. 2 Any specIfic gradmg plans or prehmmary plans for whIch Sponsor requests approval m advance of final master plan approval and a Justification demonstratmg that the conceptual work will not adversely affect the fmal master planmng process. B CertIficatIOn of Completeness. Withm 30 days of the date the applIcatIOn and a sIgned agreement are receIved, the CIty shall reVIew the matenals submItted m cOnjunctIOn WIth the fmal master plan and assOCIated permIts for completeness and adVIse Sponsor of the status of the applIcatIOn. C EnVIronmental Documents The Sponsor has requested and the CIty has agreed to contract for envIronmental reVIew on a reImbursable baSIS The CIty proposes to contract WIth Adolfson AssocIates, Inc., who has done the CIty comprehenSIve plan EIS and IS famIhar WIth the CIty and the master plan and area. No contract WIll be Issued WIthout Sponsor's approval. The envIronmental documents shall detaIl the proposed phasmg, the unItS assocIated WIth each phase, the on SIte and off SIte Improvements to be mstalled WIth each phase, and Identify the means by whIch concurrency shall be measured for each phase The CIty wIll prOVIde reVIew and gUIdance scopmg the addendum, commentmg on the drafts, and ultimately ISSUIng the fmal approval. Nothmg m thIS Agreement commIts the CIty to any speCIfic result WIth respect to the final plan, as the CIty WIll exerCIse ItS Judgment wIthm the constramts of the CIty'S adopted plans, regulatIOns, and state laws WIth respect to development approvals The CIty agrees to respond to each phase of the envIronmental reVIew process wIthm two weeks of consultant's submIttals SpeCIfic Issues to be addressed m the addendum mclude 1 Gradmg plan and construction penod mItIgatIOn to assure protectIOn of stream, wetland, and buffer areas and adjommg properties and reSIdences 2. Stormwater control for each phase, mcludmg a flood hazard analYSIS of Thompson 2 Creek and mItIgatIOn to assure that seasonal floodmg along Thompson Creek wIll not be mcreased by any phase of the proJect. 3 Wetland delmeatIOn and buffer desIgnatIOn and any steps to mmlmlze dIsruptIOn of wetland areas durmg constructIOn. 4 Traffic for each phase 5 Sewer reqUIrements for each phase and reuse and recyclmg OpportunItIes on sIte commensurate WIth project waste water use All sewer dIsposal and reuse optIOns must be consIstent WIth the CIty Water Reuse FacIlItIes Plan. The CIty may consIder an amendment to the Plan (to the Departments of Ecology and Health) at Sponsor's request If the amendment IS otherwIse consIstent WIth the CIty plans and needs. If an amendment IS requested, the cost of such an amendment shall be borne by the Sponsor 6 Water and water nghts to serve the project and phasmg tIed to acqUIsItIOn of sUItable water nghts. 7 Park locatIOn and open space facIlItIes to be (a) DedIcated wIth each phase (b) Improved wIth each phase (c) Bonded by a phase but constructed later 8 Such other Issues as may be raised durmg scopmg. D PrelImmary PermIts Once envIronmental reVIew IS complete, the CIty wIll Issue a gradmg permIt for prelImmary on SIte work where (I) the gradmg WIll not matenally mterfere WIth the development of the [mal master plan, and (2) the gradmg wIll not result m any sIgmficant adverse envlfonmentallmpacts, mcludmg but not lImIted to any matenallmpact to cntIcal areas. E Final Master Plan Hearmgs The CIty wIll schedule publIc hearmgs before the Plannmg CommISSIOn on the [mal master plan 60 days after the publIcatIOn of a complete approved addendum (or [mal SEIS If a material change IS proposed) PublIc hearmgs by the CIty CouncIl shall be held 60 days after the Plannmg CommISSIOn hearmg and a [mal declSlon wIll be Issued wlthm two weeks of the CIty CouncIl hearmg. F ReVIew staff: The CIty reVIew staff and fee baSIS shall be CIty staff: Shelly Badger, CathIe Carlson, Ken Garmann Adolfson AssocIates, Inc -envIronmental reVIew-contract rates as bIlled SkIllmgs-Connolly, Inc -sewer and water-contract rates as bIlled S Chamberlam & AssocIates, Inc -transportatIOn-contract rates as bIlled Owens DaVIes MackIe-land use and envIronmental legal reVIew and process, legal documentatIOn-contract rates for speCIal property as bIlled 3 G Fundmg' The Sponsor shall deposIt wIth the CIty the sum of $10,000, whIch shall be used to reImburse the reVIew staff at the apphcab1e rates. When less than $1,000 IS m the account, the CIty shall request an addItional $10,000, to be deposIted m the CIty account. No contractor IS authorIzed to mcur costs If the CIty does not have sufficIent funds m the account to pay the costs. Any excess funds shall be returned to the Sponsor upon Issuance of the fmal master plan. H. ReImbursement: Sponsor wIll reImburse the CIty for prevIously completed survey and engmeer desIgn costs mcurred m preparmg reclaimed water lme drawmgs for the central loop road and detaIled plans Identlfymg locatIOn of the rapId mfiltratIOn basms for storage and dIscharge of recycled water for the SIte m the amount of $16,716 00, WhICh funds are due Wlthrn 30 days after master plan approval. I. Amendment: ThIS Agreement IS an amendment to the AnnexatIOn Agreement dated November 23, 1993 WhICh, except as superceded above, shall remam m full force and effect. IN WIlNESS WHEREOF, the partIes have executed thIS Agreement as of the date and year first wntten above. DRAGT-DETRA Y L.L.C BY' CITY OF YELM BY' 4 SCHEDULE A Legal description of Dragt property Thurston County Assessor's Parcel Numbers: 21724310100, 21724320000, 21724330000, 21724340100, 21723410000, 21723440000, Sections 23 & 24, Township 17, Range 1 East W.M. C .\1NP51 \53\ YELM\DRAGT.AGR Re~:t Date~ 3/18/98 SKILLINGS-CONNOLLY, INC. Employee Billing Schedule Page: Selection Criteria - From Schedule: YM Thru Schedule: YM From Employee: 101 Thru Employee: Include Terminated Employees (Y/N)7 N (Does Not Include Defaults) 991 Schedule Employee Code Employee Name Staff Code DEPT PHASE TASK Bill Rate Multiplier Cost Rate aT Mult YM 101 Thomas Skillings 100 100.00 1.000 0.00 o 00 103 Robert Conno II y 100 97.15 1.000 0.00 0.00 104 Laura Skillings 100 85.71 1. 000 0.00 0.00 204 John Crossman 200 57.68 1. 000 0.00 0.00 210 Kelly Harris 200 77.20 1.000 0.00 0.00 211 Stephen Thomas 200 91.20 1. 000 0.00 0.00 214 Larry Blackerby 200 71.43 1. 000 0.00 0.00 219 John M. Tevis 200 74.17 1.000 0.00 0.00 220 Lyle P. Renz 200 91.23 1.000 0.00 0.00 222 Gary Wheeler 200 97.15 1. 000 0.00 0.00 223 Barry Morehead 200 80.00 1.000 0.00 0.00 409 Debra Delzell 400 58.57 1.000 0.00 0.00 412 Brian Matthews 400 58.57 1.000 0.00 0.00 413 Jason Bruhn 400 53.35 1. 000 0.00 0.00 415 Manuel Abarca 400 47.15 1.000 0.00 0.00 416 Zheng John Lu 400 45.71 1. 000 0.00 0.00 504 Bruce Robison 500 85.72 1. 000 0.00 0.00 659 Mark Watkins 650 55.00 1. 000 0.00 0.00 702 Jack Swarthout 700 52.20 1. 000 0.00 0.00 707 Kenneth Schuh 700 40.00 1.000 0.00 0.00 818 Travis D. Sater 800 48 57 1 000 0.00 0.00 819 Lane Sater 800 45.15 1. 000 0.00 0.00 827 Krista Kinmel 800 38.29 1.000 0.00 o 00 903 Lisa Robinson 900 40.00 1.000 0.00 o 00 904 Nita Bruhn 900 31.43 1. 000 0.00 0.00 936 Bryan Connolly 900 14.72 1. 000 0.00 0.00 937 Pat Umino 900 31.43 1.000 0.00 0.00 938 Jul i e Kraman 900 31.43 1.000 0.00 0.00 940 Sean Connolly 900 14.72 1.000 0.00 0.00 ------------------------------------------------------------------------------------------------------------------------------ 677 Woodland SquaI't.' Lp ~E Lacey, WA 98503 P.O Box 3485 Lacey, WA 98509-3485 (360) 493-6002 (888) 493-6002 Toll Free (360) 493-2476 Fax cimflleslscarates.xls . ENGINEERING Billing Rate Schedule Effective February 1998 Classification Principal Project Manager Project Engineer II Project Engineer I Design Engineer II Design Engineer I Sr Land Surveyor Land Surveyor Semor Planner Transportation Planner Traffic Analyst Engineering Tech III Engineering Tech II Engineering Tech I Survey Technician Admin/Marketing Clerical 2-Man Survey Crew 3-Man. Survey Crew Direct project expenses and reproduction costs are billed at cost plus 15% Hourly Rate (In dollars) 110 85 75 65 60 55 85 60 65 75 60 60 55 45 45-55 50 40 105 140 3/19/98 r , v I I TR~N&pnRT'l'ON P , ANN , N r, . SUR V' E Y I N G II !! - j II' f r M F I I PREDEVELOPMENT AGREEMENT THIS AGREEMENT is made the day of , 199_, by and between the CITY OF YELM (hereinafter referred to as "the City") and HENRY DRAGT and JANE DRAGT, husband and wife, owners of the property described on Schedule A, (hereinafter referred to as "the Developer") WITNESSETH 1 The City has agreed to undertake the review and approval of a mixed use planned unit development, referred to as the Southwest Yelm Annexation, which includes property owned by the Developer, provided the review is at no cost to the taxpayers of the City of Yelm 2 Through 1994/1995 the City has completed the annexation, comprehensive planning, and conceptual master plan for the properties In question 3 During the development process, the Developer has supported a pilot program with the City of Yelm to identify and locate a reuse and recycling waste water program which is necessary to serve the City under City permits and is necessary to serve the planned developments The water reuse facilities plan is complete and approved by the Washington Department of Ecology 4 The parties desire to provide a means for the City to continue the pilot project through the construction phase, which includes secunng necessary rights of way and easements for the recycled water line Further the City desires to locate the water line in the right of way for the planned development to assure ease of access and low cost operation and maintenance 5 The City also desires to secure the Developer's assurance with respect to necessary dedications and cost reimbursement to assure the City of waste disposal sites for its reuse and recycling program, regardless of the timing of the Developer's project, and protect the City and its taxpayers should the planned development not proceed WHEREFORE, for the consideration recited below the parties do agree 1 The City of Yelm shall contract for and fund a survey of the right of way for the City reuse and recycling line pursuant to the City pilot project. 2 The Developer hereby consents to the entry of the City onto their property and the identification of the right of way identified above in a location consistent with the approved conceptual master plan for the central loop road and other roads on the C "IWP51 153IYELMIDRAGT.AGR approved conceptual master plan, consistent with the City's needs for right of way for reuse and recycling 3 The Developer agrees that the City may enter onto their property and Identify rapid infiltration basins for the storage and discharge of reuse and recycled water, consistent with the recommendations of the approved water reuse facilities plan 4 The Developer agrees that they will dedicate to the City the right of way determined consistent with the conceptual master plan by the City (both roadway and utility) within 30 days after completion of the survey and request by the City for the dedication (or in the City's discretion a "reserved for dedication" which would permit continuation of present uses and ownership, but would designate the area for dedication at an appropriate time in the future) 5 The parties agree that the costs incurred by the City would be appropriately reimbursable costs to the City were the City to form a Local Improvement District. The parties also agree that this Predevelopment Agreement saves the parties significant costs of LID formation where there are only a few parties affected by the local improvement. The Developer does hereby agree to reimburse the City for its actual costs of surveying, engineering, and administration of the improvements contemplated herein, specifically including costs to identify (a) road right of way, (b) reuse and recycling right of way, (c) reuse and recycling rapid infiltration basins, and (d) stormwater discharge and storage areas, other engineering, and site designations agreed by the parties to this Agreement in writing 6 Reimbursement to the City for all costs incurred by the City pursuant to this agreement shall be the earlier of (a) the issuance of any development permit by the City within the Developer's master planned area, or (b) the transfer of any interest in the property, whether by sale or any other form of transfer 7 The City shall identify all charges and fees being charged the Developer pursuant to this Agreement. Actual costs shall be considered reasonable costs Interest shall be charged at the municipal borrowing rate on all costs as incurred Where the Developer questions a charge, the question must be raised in writing, within thirty days of notice of the charge in question or the charge shall be uncontestable The Developer's cost under this Agreement shall not exceed $16,71600 8 The Developer agrees that no development permit need be issued for the property described in Schedule A until all costs and fees due under this Agreement are paid in full 9 Nothing in this Agreement shall commit the City of Yelm to approve any specific project. All projects shall be brought to the City through processes identified in the development regulations Consistency with the Comprehensive Plan and applicable development regulations shall be the basis for final review and approval C "\WP51 \53\YELM\DRAGT.AGR 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above CITY OF YELM By. City Administrator Henry Dragt Jane Dragt C -\WP51 \53\YELM\O RAGT.AGR 3 --;,,;1' -y--- Addendum No.1 26-Dec-95 Manpower Projections Phase II Reclaimed Water System Extra Work Item Estimated Hours Task Work Elements PR PM PE SE PLS SRV DR CL Research the existing monumentation 1 1 8 1 Collect the existing aerial photography Calculate a "P" line for the proposed alignment 1 1 4 1 Locate and tie section & 1/4 section corners 0.5 1 2 8 48 Field locate the "P" line 2 4 6 24 Survey the topography for a 300 foot wide corridor in the location of the loop alignment 1 2 4 4 48 Profile the prooosed center line 1 4 4 24 Reduce the field data and generate a base map 0.5 4 4 5 4 20 Field verify the base map and contours 4 Calculate the final horizontal alignment 0.5 2 6 10 1 Calculate the final vertical alignment 0.5 2 6 10 1 Administration and QA 1 QC 4 2 4 3 Total Estimated Hours this task 9 18 24 30 42 152 20 4 369 490.5 564 540 1092 2204 280 54 ;...:.;...:.:.:.;.:.:.:.:.;.:.:.:.;.:.;.;.;...;.:.:.;.:.;.;.;.:.;.:.;.;.;.........:.;.;.;.;...;.;.;.....;.;.:.....;...:.;.;...;.;.;.;.;...;...;.;...:...;...;.;...;.;.......;.........:...;.:...;.;..........;.:.....;...;.;.............;.;.;.:.;.;.;.;.;.....;.;.."....:...;.;.;.;.;.;...;.;.;.:.:.;.;.;.:.;.:.;.:.;.:.:.:.;.;.;...;.;.;.;.;.;.:.:.;.;.;.;.;.;.;.:.;.;.;.;.;.;.;.;.;.:.;.;.;.;.;.;.;.:.;.;.;.;.:..,;,:,;.;.;.;.:.;.;.:,;.:.:,;.;.;.;.;.:...................................'................:..................,...:.. Cost Rate Bill Rate Fixed Fee 9 41 00 369 571 $1,062 18 27.25 491 760 $1,413 24 23.50 564 874 $1,625 30 18.00 540 837 $1.556 42 26.00 1092 1693 $3,147 152 1450 2204 3416 $6.351 20 14.00 280 434 $807 4 13.50 54 84 $156 Estimated Expenses $600 $16,716 TSK-RW8.XLS CITY OF YELM ORDINANCE NO. ill AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, adopting a master plan permIt processing ordmance. WHEREAS the City of Yelm has the potential for reviewmg large master plan projects which require a significant expenditure of funds on engineering and legal counsel to review and approve the necessary submittals; and WHEREAS the City IS concerned that such projects could overwhelm the CIty planning budget unless steps are taken to assure that the City will collect all fees due and the taxpayers not be at risk of loss by reason of such applications; and WHEREAS the City has already provided that consultant costs are payable on a reimbursable basis, but has not specifically identified how such costs are to be collected; NOW THEREFORE the City ofYelm does hereby adopt and ordain: 1. Applications for conceptual master plans, final master plans, and any project for which environmental review other than DNS or MDNS is required, shall follow the gUldelines set forth below 2. At the time the application is filed, the City shall establish an account for permit processing for each major phase of the approval process. In addition to the fees payable with the application, the applicant or applicants as appropriate shall pay to the City the sum of $5,000 for each plan to be reviewed for approval. 3. The funds so paid shall be deposited in an account, for the benefit of the City to pay engineering, legal, and other fees incurred by the City in connection with the project review. Such fees shall be paId at the customary rates and charges applicable under the City's agreements with the consultants. The City shall be responsible for assigning work activities and assuring the work billed is reasonable and appropriate to the project assigned. The City's determmatIon shall be conclusive on such matters. 4 Consultants hIred to review the project for the City shall be advised that the City's liability is limited to the funds on deposit and that they are to stop work if at any time the funds on deposit are insufficient to pay for work m progress. 5. The City shall adVise the applicant whenever funds on deposit are less than $1,000 or are anticipated to be insufficient to pay for required services. The fund may be replenished in increments of $5,000 or more. Any interest earned on the account may be used by the City to pay for services chargeable to the fund. ab \mso \legaI99\65I masterplanprocess.doc EXHIBIT 3 6. At the conclusion of the planning process, or the expiration of more than one year with no activity, the permit application may be terminated and the balance of the funds, after deducting all charges due the City, may be returned to the applicant. 7 The City is to use reasonable prudence and dihgence in the management of the consultants reviewmg a project, but the scope and response of such review services shall be solely in the City's discretion. Further all work done by the consultants shall belong to the City and in the case of work by counsel, the City and the Counsel shall retail attorney-client relatIonship and nothing in this process shall create an attorney-client or other relationship between the applicant and the City's retained consultant or counsel. 8. Where the City has incurred expenses in connection with project review on a property, and said expenses have not been reimbursed, together with interest at 5 6% on any sums delinquent over one year, the City shall take no steps to process any application on such properties until such past due payments are paid. EffectIve Date: This ordinance shall become effective on and after January 29. 1999. ADOPTED this 13th day of January, 1999. ~~JlntJ4 K thryn M. Wolf, Mayor Attest: PASSED AND APPROVED: January 13,1999 EFFECTIVE: January 29, 1999 PUBLISHED Nisqually Valley News, January 22, 1999 ab\mso\lega199\651 masterplanprocess.doc 2 0- :\ ,.... -=7 , \ 17.62.060 date of such action an aggrieved party files an application for a writ of certiorari from the Thurston County Superior Court for the purpose of review of the action taken. E. Form and Contents of Application for Master Plan Approval. The applicant shall submit the master plan and supplementary data, including an environmental impact statement if required, to the planning department. The planning department shall inform the applicant within thir- ty days of the date of receipt of the application of any deficiencies found in the master plan application. The accuracy of all data and information submitted on or with a master plan shall be the responsibility of the applicant. An application for master plan approval shall include: 1. Textual Information. a. Name, address, zip code and telephone number of applicant, b. The names, addresses, zip codes and tele- phone numbers of all landowners within the subject proper- ty, c. The names and addresses of all property owners within one thousand feet of the site, d. The legal description of the subject proper- ty, e. The zoning on the subject property, f. The acreage contained within the proposed master plan; the total number of dwelling units being pro- posed; and the average number of dwelling units per acre of land, g. The number and acreage of each type of dwelling units proposed, h. The acreage of open space (including a sepa- rate figure for active recreation space) to be contained in the master plan, and the percentage it represents of the total area, i. The total acreage of each type of nonresi- dential use, including the approximate floor area and type of commercial and industrial uses, j. The source of water supply, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities, k. The method of sewage disposal, to include the name of sewer operator, if any, including the specific type of facilities involved, their capacities and the esti- mated timing of completion of these facilities, 1. A plan for hazardous waste control if appro- priate, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities, m. Applicable school district(s), fire dis- trict(s) or department(s) and other special purpose dis- tricts, 165-87 (Yelm 12/95) EXHIBIT ^/ - : ~ 17.62.060 n. The means by which the proposed master plan meets the objectives of Section 17.62.020, o. A development schedule indicating the ap- proximate date when construction of the master plan or stages of the master plan can be expected to begin and be completed, including the approximate size in acres of each phase, and the proposed phasing of construction of public improvements and recreational and common open space areas, p. The proposed means of financing and alloca- tion of responsibility for providing the utilities and services required as a result of the development, including off-site facilities and improvements. These utilities and services shall include, but not be limited to, water, sew- er, streets and highways, schools, fire protection, parks, stormwater control and disposal of wastes, including toxic wastes (if any), q. When no environmental impact statement is required, identify major anticipated adverse environmental impacts and specify mitigating measures, including off-site improvements, r. Information on land areas adjacent to the proposed master plan to indicate the relationships between the proposed development and that which is existing and proposed in adjacent areas, including land uses, existing structures, ownership, tracts, streets and unique natural features of the landscape, s. The means of meeting any other requirements imposed as a condition of conceptual approval of the master plan; 2. Master Plan Map and Supporting Maps. A master plan map and any maps necessary to show the major details of the proposed master plan must contain the following minimum information at an appropriate scale, as determined by the planning department: a. The boundary lines of the subject property, scale and north arrow, b. Existing site conditions including water- courses, wetland area, floodplains, unique natural fea- tures, forest cover, steep slopes and elevation contours of ~appropriate intervals to indicate the topography of the entire tract for a reasonable distance beyond the bound- aries of the proposed development to include adjacent or nearby lands where project impacts are relevant, c. Location and nature of each land use, in- cluding type and density of dwelling units and type of commercial, industrial and other uses, d. Approximate location of existing and pro- posed arterial and collector streets and major pedestrian and bicycle routes, and a multimodal transportation plan, 165-88 (Yelm 12/95) ; ,:;- ~1 {'J~;' ~';;~' \~t>. : 1"':' '" 17.62.070 e. The approximate location and size of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites, fire stations and similar public and semipublic uses, f. Master drainage plan, including storm water control, g. h. Development phasing, Open space network, Existing and proposed sanitary sewers and i. water lines, j. Information on land areas adjacent to the proposed master plan to indicate the relationships between the proposed development and that wnich is existing and proposed in adjacent areas, including land uses, existing structures, ownership tracts, streets and unique natural features of the landscape, k. Any additional information as required by the planning department necessary to evaluate the character and impact of the proposed master plan (e.g., soils, geolo- gy, hydrology or ground water). (Ord. 561 ~3(part), 1995: Ord. 555 ~14(part), 1995). 17.62.070 Timinq of master plan submittal. A. If a master plan is not submitted within three years from the date of conceptual plan approval, and an extension of time has not been granted, the conceptual plan approval shall expire and the zoning classification shall automatically revert to the classification in effect prior to conceptual approval. Upon such reversion, projects and developments approved subsequent to or with conceptual approval and prior to expiration, and not authorized by the classifica- tion to which the area has reverted, shall become noncon- forming uses. B. Knowledge of expiration date and initiation of a request for extension of approval time is the responsibili- ty of the applicant. The city will not provide notifica- tion of expirations. All requests for an extension of time must be submitted to the planning department at least thir- ty days prior to expiration of conceptual approval. The planning department shall schedule the request for exten- sion for public hearing before the planning commission upon such notice and in accordance with the conceptual approval procedures of this chapter. An extension may be granted for up to three years at a time, if the commission finds that an extension would be in the public interest and that delay in submitting the master plan was for good cause. If an extension of time is approved, the master plan shall be subject to all new and amended regulations, requirements, policies or standards which are adopted after the date of conceptual approval. (Ord. 561 ~3(part), 1995: Ord. 555 ~14 (part), 1995). 165-89 (Yelm 12/95) FRANK J. OWENS ARTHUR L DAVIES JOHN V. LYMAN ALEXANDER W. MACKIE' RICHARD G. PHILUPS. JR. BRIAN L. BUDSBERG MICHAEL W. MAYBERRY KIRK M. VEIS ROBERT F HAUTH MATTHEW B. EDWARDS OWENS DAVIES Q(J1{;Iif MACKIE P.s. {t::> . (t A Professional Services Corporation Attorneys at Law Street address 926 - 24th Way S.W Olympia, Washington 98502 Mailing address PO, Box 187 Olympia, Washington 98507-0187 Phone (360) 943-8320 Facsimile (360) 943-6150 BURTON R. JOHNSON (1970) ERIK D. PRICE DAVID B. MERCHANT 'AlSO ADMITTED IN WASHINGTON. D.C. January 26, 1999 Mr Bob Thorpe R. W Thorpe Assoc. 705 2nd Avenue Seattle, W A 98104 Mr Frank Kirkbnde The Kirkbnde Group, Inc. 4405 Seventh Avenue SE, SUite 301 Lacey, WA 98503 RE. Thurston Highlands Gentlemen. I have spoken With both of you about processing the Thurston Highlands applications through the CIty ofYelm. We have had numerous presubmission meetings and the time has come to commence formal proceedings If we are to achieve any approvals this year, and particularly by early summer wluch both of you indicated may be desirable. Since both cases need to be processed and both involve many similar questions, it will be cost effectIve for both groups and the City to act jointly. We are prepared, however, to proceed with only one should the other elect not to proceed for any reason. The prior conceptual plan has expired and as such the land has reverted to its preplan zone. YMC 17 62.070 Nevertheless, the property is designated for master plan development in the City Comprehensive Plan, and a development proposal in the same order of magnitude as the prior plan would be consistent with the Comprehensive Plan and supporting environmental and utility work done by the City In the mean time. Since both of you are proposIng to concurrently pursue conceptual and final master plans and specIfic development proposals, the following program is recommended. The two of you should work together to coordinate submissions and I will be happy to facilitate to assure a smooth and timely processIng. ,~')\.... '" OWENS DAVIES MACKIE P.S. Messrs. Thorpe and Kirkbride January 26, 1999 Page 2 1. Application for a conceptual master plan a. ApplIcation YMC 17 62.050(C) (copy attached, Exhibit 1). The City would accept an applIcatIOn to readopt the prior conceptual master plan. The enumerated Items m paragraph "c" referenced above should deal With only new or changed conditions, or changes requested m the conceptual plan approval (copy attached, ExhibIt 2) b The fee for a conceptual plan approval is $1,000 plus consultmg costs, which may be equitably shared between the two applIcants. Engmeering and legal services, to the extent required, Will bill to the Thurston Highlands or DeTray propertIes where the Issues are severable and jointly where the issues are in common. Consistent with our new polIcies on permitting fees and processes for master plans, your joint application fee of $1,000 and processing deposit of $5,000 is due at the time of applIcation. (A copy of the processing fee ordmance IS attached, Exhibit 3 ) c. The conceptual master plan reqUIres an envIronmental checklist and a property owners lIst Within 1,000 feet of the combmed master plan properties, which must also be delIvered at the time of the application together with the checklIst fee of$150 If you merely seek to remstate the old master plan checklist, you may reference the pnor EIS, the completIOn of the City sewer plant and associated environmental documents, and the CIty Comprehensive Plan and associated documents, and focus only on any changes or new proposals which were not prevIously considered. Project-specIfic issues should be dealt with in the final master plan which IS to be processed concurrently d. The conceptual master plan will be heard by the Planmng CommIssion With recommendations to the City Council which Will take final action. 2. Application for final master plan a. Application YMC 17 62.060(E) (copy attached, ExhibIt 4) Since each of you have dlstmct proposals for final master plans, we would expect separate applIcations and separate fees-$l,OOO each. This will permit the continued processmg of one application should the other elect to stop or delay at any time. All consultmg time shall be billed speCIfically to each project. The CIty has asked me to be actIvely mvolved in the processing due to the size of the projects, the lImited availabilIty of City staff, and the number of complex issues mvolved to assure that the CIty acts m a proper manner m approvmg and condItioning each of the projects. My hourly charges for 1999 are $225 and my paralegal charges are $75 per hour, WhICh Will be billed to the CIty but which will be reImbursable by the applicants. Engmeering reVIew by SCA or Skillings-Connolly, Inc., as required, shall be bIlled at the contract rates m effect for the City during 1999 We have instituted a new fee program to assure that the City will not be at risk for the costs of major permit processing. The ~!~,~~"",~'~~;:;::::l"I',p - ':".,-".., . OWENS DA VI ES MACKI E P.s. Messrs. Thorpe and Kirkbride January 26, 1999 Page 3 $1,000 applicatIOn fee, together with the $5,000 permIt processing deposIt, WIll be due at the time of the filIng of your application. b Project-specIfic issues, should be dealt with in connection with your final master plan, as contemplated in your ongmal conceptual approval. At present the CIty does not have capacity to serve water to either projects, nor did either project avail itself of the OppOrtunIty to participate in the 1998 sewer LID Thus arrangements must be made for extendmg sewer, identifying on-site Class A reclaimed water use SItes, and identifying a means for serving the project with water The City will consider a wide range of alternatives to solve the various problems, including transfer of water rights, well sites, and improvement of local reclaimed water use sites wluch may be used generally together with dedication of suitable sites for general City use at a later date. The key is that the cost of facilities and services necessary to serve your project must be paid for by the developers. The City does not have funds to pay for present oversizing, but is certainly WIlling to entertain proposals which mclude reimbursement oflate comer agreements. I belIeve the environmental documents are an appropnate velucle through wluch to explore vanous alternatives. Issues to be dealt with would mclude phasing, timing, and SIzing of facilIties, vesting and other Issues related to a long-term build out. Traffic is another project-specific issue to be addressed. The shift of the first phases of Thurston Highlands to the northwest suggests both projects will be accessing the City transportation net through a Killion Road extension. The City has been talkIng WIth Messrs. Edwards, Ramirez, and Huddleston about a design of a road for the extension of Killion Road south ofYelm Avenue. The conversation centers around the present dedication of a right of way and the phasing or scale of current construction. You may wish to contact Mr Mike Edwards directly to facilitate joint dIscussions. Your projects seem logically to tie into the Killion Road extension and a joint road project may be a cost-effective Way of solving your access problems. As we have dIscussed with you or your clients before, City condemnatIOn action, m aid of your projects, cannot be expected of the CIty As noted above, we are prepared to process an individual master plan if the companIOn plan within the overall area is delayed for any reason. c. Environmental reVIew Each of your master plans reqUIres mdependent envIronmental review, dealing WIth traffic, sewer, road, and site-specific plan and development-related issues. The level of detaIl is even greater for the portIons or phases of your project whIch are included in specific plats or other construction permIt approvals. The fee for a checklist is $150 and EIS (includmg addendums or supplementals) IS $1,500 Given the scope of your projects, and the lack ofpnor detailed analysis of water, sewer, and transportation solutions, which were to be done in conjunction with the final master plans, I would encourage each of you to consider OWENS DAVIES MACKIE P.S. " Messrs. Thorpe and K.Irkbnde January 26, 1999 Page 4 an addendum at the very least, and a supplemental EIS If necessary Your checkhst or proposed scope for an addendum or supplemental environmental documents IS due at the time of the project application 3. Joint planning schedule Each of you will need to coordmate closely with your counterpart to keep the jomt approval process on schedule. The CIty'S commitment to both of you is to continue processing one applicatIOn If the other slows down. If your client is the one who delays, however, the City is less able to predict when trmev;.ill allow to complete the approval. With this thought in mind, I recommend the following schedule, if you plan on moving ahead with mitIal grading tlus summer The schedule assumes no change m project lze or CIrcumstance whic~ w uld requi e amore detailed !lVlronmental reVIew '1-- IlucL f' . '7 ./ ~ft.. L 0 e-. er . ~ . ') 11)Vv D0r0f]f\~ F b 8 199 S~.P\ e I:Y5UY " 9 fnv -Notice of completeness IS issued -Draft proposals for water, sewer, and transportation are subffiltted -Final proposals for sewer, water, and transportation are IdentIfied -Supplemental environmental documents are submitted for review (likely an EIS addendum addressing changes since the comprehensive plan approval and designatIOn) -Final comment period closes for environmental documents - Pubhc heanng notices for Planning Commission -Planning Commission public hearings and workshops as necessary - Planning CommISSIon recommendatIOn -City Council hearing noticed July 21, 1999 -City Council proceedings on conceptual and fmal master plans and first phase development plats or plans. i~V') - The schedule assumes that each of you, on behalf of your client, Will submIt complete and accurate documentation to permit full CIty review The CIty IS prepared to commIt to such final reVIew so long as fees paId are kept current. The CIty is adopting a master plan processmg ordinance to assure that the CIty does not expend SIgnificant sums on the project, only to have applicants change theIr mmds, sticking the CIty WIth a big review bill. The City consIders the presubmissIOn conferences ~ February 22, 1999 March 22, 1999 Mayl7, 1999 June 21, 1999 June 21, 1999 July 19, 1999 -Jomt preapplication meeting With drafts of the conceptual and final master plan applications and agreement on a joint processmg schedule -A Jomt conceptual master plan application IS filed With associated fees - IndIvidual master plan applications are filed With asSOCiated fees ;-7. "pr<;.' --~,.~:;:----- --T ;;-:: ~~f\i:~: ' '- - OWENS DAVIES MACKIE P.S. Messrs. Thorpe and Kirkbride January 26, 1999 Page 5 to be at an end. We have made the CIty concerns and issues well known and I beheve you gentlemen clearly understand what is required to aclueve planning approval. It is time to complete the planmng on your client's site and we are prepared to conclude that process. If fees are delinquent for any project, processmg that project will stop. We had prevIously proposed a development agreement, but have not heard from your clients in that regard. Smce the CIty is not prepared to front engineering or legal services required to review these complex projects, we have adopted a perrmt processing ordinance for master plan reVIew wluch reqUlres that apphcants deposit a $5,000 processing deposit which the City will hold in an account to be used to pay the necessary review fees. The program is consistent with the City's new development schedule whIch is being adopted in January The CIty wIll continue to work on the projects so long as funds are available to pay presently incurred costs and will stop should the accounts be insufficIent to complete the project. Should funds run low, the City will advise you and you will need to submIt additional funds to keep the project on track. Dunng pnor reVIew, the CIty incurred costs of $41,836 in survey and other engineering charges mCldent to the master plan whIch the partIes had agreed to reimburse, $25,120 from Thurston Highlands and $16,716 from Dragt. With interest at the municipal rate of 5 6 % since the costs were mcurred in 1996, the amount due to reimburse the City trhough 12/31/98 is $28,012.22 and $18,640 61, respectively These back due charges must be paid before proceedmg With any new phase~ ~ t. . By copy of this letter I am advising your respective chents of our dIscussions and the CIty'S propos I beheve commumcation in this way will assure the closest coordination for the project and the least opportumty for mIsunderstanding. I look forward to workmg Wlth you on tlus project. Very truly yours, OWENS DAVIES MACKIE, P.S ~. A WMIkr Enclosures cc Paul DeTray Henry Dragt Paul Liao Shelly Badger CathIe Carlson Tom SkIllings Perry Shea DennIS Su Alexander W MackIe C:\53\ Y elm\ ThorpeLt. wpd PLANNING DEPARTMENT (x) PW Dir. (x) City Admin. (x) Applicant (x) Posted (x) City Planner (x) PW Secretary (x) Building Off. (x) PW Supervisor (x) Mayor (x) Asst. Planner THE FOllOWING CASES Will BE CONSIDERED AT YElM CITY HAll, 105 YElM AVE WEST, IN COUNCil CHAMBERS MEETING"OA TE Wednesday. Julv 22. 1998 ~ R.W Thorpe & Associates - Thurston Highlands Master Plan for 3167 lots, 18 hole golf course, commerciaj areas, - Phase I, 300 lots and revision of Conceptual Master Plan and EIS . 20 Lot Manufactured Home Subdivision or Park on Middle Rd (Gallagher Property) Rod Hash - Foster . om an Pre-submission meetings: Applicants and/or relPresentatives are required to attend meeting. Environmental Review/Site Plan Review: Staff review only, applicants and/or representatives are not required to attend. If you plan to attend, please notify the Planning Department at 458-8408. C:\OFFICE\PLANDEPT CC\WEEKSPR Presubmission Meeting Request Form Fee None A presubmission conference Is an opportunIty for applicants, developer(s) and/or consultants to meet with city staff to discuss preliminary studies or sketches of a proposed project. At the conference the staff will make available information relating to the proposed development. The intent Is to Identify and eliminate as many potential problems as possible in order for the project to be processed without delay The conference should take place prior to detailed work by an engineer or surveyor, however a site drawing must be submitted that has sufficient information to allow for evaluation. Discussion topics will Include such things as Yelm's Comprehensive Plan, street design, storm runoff and retention, Shoreline Master Program, zoning, availability of sewer and water, development concepts, other requirements and permits, and the environmental impact. Staff notes are prepared and available to review There is no charge for this meeting. Meetings are held each Wednesday This request fonn should be submitted by 5:00 p.m. at least one \veel< before the preferred meeting date. CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 OFFICIAL USE ONLY Fee NlA Date Received By FileNo. MEETING DATE REQUESTED ;:Tu l. '1 -z.. '2.. a 'I 8 (a Wednesday) I ,,~- ~t'M1 Time (afternoon only) APPl.ICANT tt.W.Tl4ct~~ f AS4$OC · ADDRESS "'05 2IJrJ A\)e...."o T.tLCPIIGUE ~ I!. A nr,..r;:., WA ~elOi z..oc. ~ 7.a4 . 2. ~q . REPRESENTATIVE (if any) PAVe. L'.c ~QUP~Gtl A'BBRf:8S DfS",AJAJ/fj, T. ~tJ lClEPI18U& . General location of the project S ~p S~ ~07 Section 2.... 'Z.t. ...2,.-, Township /7 Range / IE Assessor's Tax Parcel Number~l7t'.'~.lO."Z. ''''''&.'''1...,.. ..'1 · ~4f4I Type of Project (Subdivision. Annexation, Zone Change, ete..) ~ - -- Il Total acreage I-a.. ....... . &." A~ Proposed Density t '&."S~ / AG. Proposed Land Use: Single-family Duplex Multi-family Mobile Home Pari< Commercial Industrial Please attach five copies of a site pl~n drawing not larger than 11" X 17" and forward to Yelm City Hall. l.e\1CSW ~,rt:. pUN TO ~~(.~ THIMJ/c. y~~. S1i'()!L-- CITY OF YEI.M ds'c:'office\;>landeplcclapps\;>resub.app 40 LI>II:E BEllEWE (xl. Mljl 00 BE~. W_ION9S00r; Fax t;] THE FOSTER COMPANY I Date 7/13/98 I Number of pages including cover sheet TO: Cathy Carlson City ofYelm FROM. Rod Hash The Foster Company 40 Lake Bellevue Dr Suite 100 Bellevue. WA 98005 Fax .Phone Phone (360) 458-4348 (360) 458-8408 Phone Fax phone (425) 454-0522 (425) 454-5521 Ice: REMARKS: o Urgent I8l For your review o Reply ASAP o Please Comment Cathy- Please find attached parcellocauon regarding the pre-applicatlOn meeting scheduled for April 22~ at 2:30 pm at your office. The site is located at or adjacent to 16418 Middle Road SE In Yelm. We would be proposIng 20 smgle famIly manufactured homes with a community playground and barbecue area. I understand you don't have a current list of projects in process, however, would it be possible for me to speak with someone who can provide roe thIs type of Information. I would like to Write down what types of projects are being permitted and possIbly how many residential lots are currently 1n process if at all possible. Thank Y ou Very Much and I caU to confirm the time of our scheduled meeting. If you have any questions please call me at the number above. Rod Hash Finance Mana ement Develo ment This message is intended only for the use of the individual or entity to which it is addremxi, and rmry contam mformatton that fS pnvileged, confulential and exempt from dfSclostlre under apphcable law. If the rl!adl!r of this message is not the intended reCIpIent, or the employee or agent Yl!Sponsible far delivering the message to the Intended recIpient, you are hereby notified that 4ny dissemmatum, dtw-ibutzan Dr copying of this commUnlcatzon zs stnctly prohibittd. If you have received thIS communication In error, please notify us immediately by telephone, and return / the on nal mmage to us at the above addTffl via the U.S. Poswl Service. Thank You. / 117 1 -CJ~ 114 u"Flvl FOl I;] THE FOSTER COMPANY 40 ~ 1lR\M.IE (Xl. $t.rni '00 1iUl'MO. wl>&ilNCil!ON 98006 Fax I Date 7/13/98 I Number of pages including cover sheet TO: Cathy Carlson City of Yelm FROM: Rod Hash The Foster Company 40 Lake Bellevue Dr Suite 100 Benevu~ AVA 98005 Fax Phone Phone (360) 458-4348 (360) 458-8408 Phone Fax Phone (425) 454-0522 (425) 454-5521 I CC: REMARKS: o Urgent t8I For your review o Reply ASAP o Please Comment Cathy- Please fmd attached parcel location regarding the pre-application meeting scheduled for April 22, at 2:30 pm at your office. The site is located a.t or adjacent to 16418 Middle Road SE in Yelm. We would be proposing 20 smgle family manufactured homes with a community playground and barbecue area. I understand you don't ha.ve a current list of projects in processl however, would it be possible for roe to speak with someone who can provide roe this type of mformation. I would like to wnte down what types of projects are being permitted and possibly how many residential lots are currently in process if at all possible. Thank Y ou Very Much and I call to confirm the time of our scheduled meeting. If you have any questions please call .me at the number above. Rod Hash Finance Mana ement Dewlo ment 1bis message is intended only for the use of the individual or entity to which it is addressed, and rruq contam information that is privileged, confidential and ~empt from disclosure under applicable 14w. If the readtT of this menage is not the intended rectpient, or the employee or agent respomible for de/iVtTing the message to the intended recipzent, )'ou are hereby notified that any disseminatIon, distribution Or copying of this communktZtion is strictly prohibited. 1/ "ou have received this communication in error, please notify us immedi4tely by telephone, and return , the ori "00 m~ge to us at the above addrm via the U.S. Postal Service. 1hdnle You. 07-13 98 04 03PM POI ----- i::. .- ~ '\ \ S"" ....J\ - ~ ~ 't"'" \". <>~ '} \" ~ - <:::,\ '\ '-' '~ .;> ">J ,,'" \' .+ QJ..... ;. '," ~ ~ ~ _. .0 7' ,"I'" ~ \ ~;.: <-J "\ ...: ~"- c.-:-,' i ~. ~ <~ 1:-3...1 , ~ 253 PQl3 lJ\::::.v ..- )..J ~-" -....../ ~l ,-f! ~i "~ ~..;,. '>;I."" .., \rJ. ,l!' ~~l i~l \~~ ~\l \~\ ~{\ '1; '- ~ __ ... .... - .- ~o-oit , \ \ \ I \ \ \ ~\ ..,.l \ ~ . Q>> \~.~ ~ \~\ 0\ ,. :;e' ...-- -,- ~l ~. ~ ... ~ '9 ct ~ .... i 'cl u. \ '6 ~ ..- !- ~ ... .. ~. (3 ~ 'fl S i:\' 0 \ .........J .-' r,., pn=- '/ (. \,4 \) _ FM iI '7 - L " - -\ f l4^' .";t"~~ r:. STAFF RECOMMENDATION TO CITY COUNCIL CITY OF YELM SOUTHWEST YELM CONCEPTUAL MASTER PLAN October 12, 1994 MEMORANDUM TO Mayor and City Council Members, City or Yeim FROM Staff, City of Yelm RE. Conceptual Master Plan, Southwest Yelm DATE October 12, 1994 Based on the record before the Planning CommIssion, the findings and conclusions of the Planning Commission, the testimony and record before the City Council, and! the environmental review, the staff recommends adootion of the Conceptual Master Plan for Southwest Yelm as provided in the Planning Commission's Findings and Conclusions, wIth the following modifications 1 The following paragraph shall be inserted as paragraph 4 C 4, page 7 of the Conclusions If, after the complete build-out in any particular area within the Master Plan area, the City determines that the net density in that particular area is below the maximum net denSity allowed for that area, any remaining unused density may be transferred in the form of dwelling units to another property owner within the Master Plan area, subject to approval by the City Nothing in this paragraph shall be deemed to allow development in excess of the overall maximum of 5,000 dwelling units in the Master Plan area. 2. Paragraph 4 0 1 of the Conclusions, page 7, shall be modified to read as follows' This conceptual Master Plan approval requires the establishment of mo Essential Utility and Transportation Corridors. The Y-1 Corridor will serve the park site and school site on the northern boundary and the commercial property throughout the remainder of the Corridor The second essential Q~'i_~ corridor is the main loop road that connects to State Highway 507, loops through the Thurston Highlands Associates parcel, intersects the Y-1 Corridor, follows Berry Valley Road and connects to State Highway 510 at Killion Road The main loop road corridor will be constructed as a "8oulevardll under the Minimum Street Design Standards proposed for adoption in the City's proposed Development Standards 3 Paragraph 4 0 3 of the Conclusions, page 7, shall be modified to read as follows The City is considering the options available for financing the construction of the Essential Utility and Transportation Corridors The projects will each be constructed as complete water, sewer and street projects Those options include a latecomer agreement, a Local Improvement District or a combination of bot/1 In order to :.<eep all optiorJ3 available, approval of the conceptual Master Plan is conditioned upon two requirements First, the City and the two major property owners in the Master Plan Area, Thurston -. Highlands Associates and the owner of Rainier Estates property, as well as the Rainier Estates developer, must enter into an agreement to waive any and all protests to any future latecomer ordinance/agreement and Local Improvement District. Second, Thurston Highlands Associates must initiate and circulate an L.I D petition for financing the construction of the main loop road corridor wIthin 30 days of Conceptual Master Plan approval by the City Council If for any reason the L.! 0 fails or is determined by the Clty to be impractical, the Corridors shall be constructed on the basis of a latecomer agreement/ordinance. If the Corridors are constructed pursuant to a latecomer agreement, the City intends that the main loop road corridor will be constructed and financed in phases concurrent with development. Any such phasing will, however, provide that any portion of the main loop road that is not fully constructed to City development standards Will, untIl such time as it is so constructed, be constructed to sub-grade elevation with a maintenance coarse surface for the entire remaining length of the right-of-way 4 Paragraph 4 0 4 of the conclusions, page 8, shall be modified to read as follows The dedication of the Y-1 Corridor will be a Sixty (60) foot nght-of-way to the City. In order to allow the potential future improvement to a State Highway, the City will impose a fifty-five (55) foot setback from each side of the dedicated right-of-way This will ensure that structures are not constructed in the area that could potentially serve as the State Highway In the event that the City determines that there is no reasonable likelihood that the Y-1 Corridor will be constructed as a State Highway, the setback will be reduced to the standard setbacks required by the City's zoning ordinance for the particular zoning designation 5 Paragraph 4.0 7 of the Conclusions, page 8, shall be modified to read as follows 2 p , .;i. ";!...~ Thurston Highlands Associates and Rainier Estates (or the owner of the Rainier Estates property) shall enter into an agreement amending the Southwest Yelm Annexation Agreement tc provide for a Budget Distribution and Payment Schedule for the financial contributions to the Wastewater Reuse Program required by such Agreement. Such agreement shall also establish that such financial contributions shall be paid from a letter of credit from each party, and establish a Wastewater Reuse Budget Committee, with the sole task of advising the City and the Department of Ecology as to the distribution of funds for the Wastewater Reuse Study Such agreement shall be signed and executed by October 17, 1994 and such letters of credit, or a cashier's check for the full amount of each party's obligation under such agreement, shall be delivered to the City by the close of business on October 19, 1994 6 __ Paragraph 4 0 8 of the Conclusions, page 8, shall be deleted and replaced with the language Thurston Highlands Associates shall, as a condition of approval, enter into an agreement with the City to grant easements, a lease or a license to the City, or a combination thereof, to make use of its property for land application and storage of wastewater, in a manner recommended by the Wastewater Reuse Study 7 Paragraph 4 E.1 of the Conclusions, page 9, shall be modified to read as follows CommercIal development in the 30-acre commercial tract along the Y-1 Corridor of the Southwest Yelm Conceptual Master Plan area shall be limited to a total of 330,000 square feet of commercial floor space to be phased with development as follows a. Fifteen thousand (15,000) square feet of commercial floor space wiil be allowed initially upon final Master Plan approval b The remaining 315,000 square feet of commercial floor space will be allowed after the construction of 1,250 dwelling units (25% of the total dwelling units allowed) in the entire Master Plan area, OR, 5 years from the date of final Master Plan approval, whichever is earlier 8 Paragraph 4 E.3 of the Conclusions, page 9, shall be modified to read as follows CommercIal development within the five (5) acre commercIal designation near the clubhouse in the Thurston Highlands Associates ownership shall be developed according to the City's commercial zoning code. Commercial development in this area will be modeled on a neighborhood village concept. 3 -_..... -... - --- ...-, G . \ 9 Exhibit C attached to the Findings, Conclusions and Recommendation of the Planning Commission shall be modified by inserting in Phase 17 the following in place of IICommercial (165,000 sf buildings)'" "Commercial (330,000 sf, .see Paragraph 4 E.1 as modified by the City Council)" The acreage for Phase 17 shall be increased from 15 acres to 30 acres 10 Paragraph 4.0.2 of the Conclusions, page 8, shall be amended by adding the following at the end. Such reciprocal easement shall be signed and executed by all parties by October 29, 1994 C;\WP~1\51 \JHB\ST -REC.MP 4 \ " " . \ ~/ A P PEN D I X 1 FINDINGS, CONCLUSIONS AND RECOlYIMENDATION SOUTHWEST YELl\1 CONCEPTUAL MASTER PLAJ.'{ PLA1~G COl\11\1lSSION CITY OF YELM CASE NU11J3ER: MP-l PROJECT: SOUTHWEST YELM CONCEPTUAL MASTER PLAJ."l" APPUCA.L'IT. THURSTON HIGHLANDS ASSOCIATES SUMMARY OF RECO:M1.1ENDATION: Tne Planmng ComrmsslOn of the City ofYelm recommends approval by the City Council of the City of Yelm of the. Southwest Yelm Conceptual Master Plan and Conceptual Zomng Plan., subject to modificatlOns and conditlOns. P1J'BLIC EE...<\RrnG: Af'"..er reVlewmg the applicatlon~ sue plan and envrronmental checklist subIDltted by the applican~ the Planmng CommissIon held a public heanng on July 18, 1994. TillS puolic heanng was e:aended to the next regularly scheduled Planmng Comnusslon meeung on August 1, 1994. Tne Planmng ComnnsslOn held a public wor.k sesslOn on August 4~ 1994 at a specal meetIng of the Planmng ComnnsslOn. E1~YIRO:N-:ME:.'ITAL REVIEW: In February of 1993, the City of Yelm published an Environmental Impact Statement for the annexatlon and-development of the Southwest Yelm area. That EIS considered the lIDpacts assocrated WIth annexatlon as well as vanous conceptual developments scenarios. With tins extensive environmental reVlew m place, the City derermmed that an addendum to the Final Envrronmental Impact Statement would satIsfy the need to reVlew addio.onal information and analysIS for tlus conceptual master plan reVlew. On July 11~ 1994, the City of Yelm issued an Addendum to the Final Envrronmental Impact Statement for the Southwest Yelm Annexanon. Based upon the evidence subIDltted~ the testlmony g1ven~ and the anal YS1S of staff~ the Planmng Comrmssion makes the followmg: FINDINGS: 1. Thurston Highlands Associates is the lead applicant requesting approval of the Southwest Yelm Conceptual Master Plan. The Master Plan area encompas~e3 1,860 acres and is located northwest of State Highway 507, southwest of the .. ""7' . 1 L'_ _ ...L _~.LL 1-____-1___ _.I: .L.- ,.._....... .. {' Lewis reservation. The Master Plan area consists of 37 ownership/parcels planned together as a single planning unit. 2. The Master Plan subnnttal mc1udes te~ maps and an envrronmentaL checklist. The Master Plan map shows proposed land use desIgnatIons, major transportatIon crrculation routes, major phYSIcal charactenstIcs on the property, proposed phases, and property ownerslnp boundaries. Tne applicatlon follows the City of Yelm' S Master Plan Ordinance requrrements. 3 Tne Master Plan area was annexed to the City or Yelm on November 23, 1993 Pnor to annexatlon, the area was zoned under the County's Rural Resource ReSldentla11/5 zomng desIgnahon. The Master Plan area IS currently zoned as RA-5A under Section 17 40 G20(c) of the Yelm MumcIpal Code, wlu.ch also allows one umt per 5 acres. 4. Conceptual Master Plan approvalls the first step ill the Master Plan process Tne purpose of conceptual reVIew and approval 13 It to establish general land use poliCIes to gmde detailed planmng for and development or the Master Plan area.. Tne Conceptual Master Plan shallldentlfy the generalized land uses, transpOr12.tlOn and cIrculatIon routes, and servIces proposed for the sue ~ SectIOn 5 (A), Yelm Master Plan ReVIew Ordinance. ReVIew of the ConceDtual Master Plan IS "- performed first by the Planmng CommisslOn and then by the Ciry Council. ReVIew 13 as follows: The Planning Comnnsslon shall reVIew the application for completeness and, If It deternnnes that the proposed Master Plan is consIstent WIm the ComprehenSIve Plan and me City's other plans and poliCIes, recommend approval by the City CouncH. If the Planmng ComrmSSlon detemnnes that the proposed Master Plan 15 not so cOI1S1Stent, it may elther demand for modificatlons specifically identrfied or recommend denial by the City Council. Conceptual approval by the City Council, upon a recommendatlon by the Planmng Comnnsslon, shall COnsISt of an amendment to the Comnrehenslve Plan and an amendment to the OffiClal zoning . - map. Section 5 (B). 5. The effect of Conceptual Master Plan approval is as follows: Upon conceptual approval by the City Council, the proposed Master Plan boundaries, proposed use districts, transportation FINDINGS, CONCLUSIONS AND RECOMMENDATION PUNNING COM:MISSION - CITY OF YELM - Page 2 -- . -. -- _.~. :1' ;<, \" lit ~ routes and case file number shall be identified UIJon the official zomng map. These distncts and routes shall only be effective upon approval of a Master Plan meetJ.ng the requirements of Conceptual Approval and this Ordinance. Section 5(D). 6. The Planmng Comrmsslon held public heanngs to consIder the Conceptual Master Plan on July 18, 1994 and August 1, 1994. Wntten comments were receIved through August 15, 1994. 7 The origi...nal Conceptual Master Plan subnnttal shows a planmng area In excess of 200 acres m a smgle ownerslnp. The Plan also proposes a rm.:tture of uses _mcluding smgle family resIdentIal, multi-family resldennal, general commercIal, neIghborhood commerCIal, and public facilitles mcluding schools, parks and water system facilines. The applicant proposes to serve the enore Master Plan area WIll public semces mcluding transponanon, water, sewage, storm draJ.nage, oilier utilines and open space. Tne submlttal mcludes two proposed eIghteen hole golf courses and an eXIstIng public golf course, all Intended to be mamtamed as qualified open. space. The subrmttal also mcludes t\vo school sItes, totalling 23 acres, and a five (5) acre park site. The subrmttal mcludes an area proposed for commumty servIce and commerCIal, for the purpose of Slung fire, police, or other govemmenral semces, If needed. Tne subrmttal does not mclude any proposed industr.illl uses. 8 Tne Southwest Yelrn Conceptual Master Plan subrmttal proposes the accommodatron or 5,000 dwelling umts, the number also used for consldenng illlpacts m the TIS. Tne Master Plan currently COnsISts of 108 acres of multl- family and 948 of smgle family. 9 The City intends to analyze densities on the basis of dwellingumts per net developable acre. "Net developable acres" are the number of acres remaining after subtracting from gross area all land that IS unbuildable be~ause it is envrronmentally sensItrve, park SIte, open. space, transportation or utility corndor, or for any other reason 1S mcapable of suppomng development. 10. The applicant has proposed two areas for commercial uses. The first is an area near the intersection of the proposed Y -1 Corridor and the mtemal mam loop road within the Plan area. The applicant currently proposes the designatIon of 51 acres as General Commercial in this area. The Planning CommisSIon receIved testunony expressing concern over the scale of commercial development in the Southwest Yelm area as a potential threat to existing commercial busmesses within the current City of Yelm. A phasing plan for the buildout of commercial development FINDIN'GS, CONCLUSIONS AND RECOMMENDATION PT A NNTN'C; rnMMTSSTON - CITY OF YELM - Pa1!e 3 .-~. ----......- in the Master Plan area was suggested in conjunction with tlns testimony. The Planning CommisslOn heard testimony from the applicant that a severe lirmt on the scale of comrnerClal structures would preclude any reasonable market for the commerCIal property. The applicant proposed a limit of 400,000 square feet of commerCIal space In the Y -1 Corridor area and a cap of 40,000 square feet for one commercial structure. Tne applicant would be agreeable to a phasing plan for the buildout of commercIal space 1n the Y -1 Comdor area. The Master Plan sublTIlttal also proposed the desIgnatlOn of five (5) acres near the clubhouse as CommercIal Semce. The Staff Report has recommended that commercIal development m the commercIal distnct near the clubhouse be linnted. The applicant has acqUlesced to an overalllinnt of 12,000 square feet of commerCIal space Wlth a linnt of 3,000 square feet per commerClal structure In the clubhouse area. The Master Plan map has shown the desIgnatlon of a 16 acre parcel on the property owned by Bosequette as General CommerCIal. Staff has recommended the replacement of tbJ.s designatlon Wlth mulo.-family on the grounds that the additIonal commerCIal area 1S not necessary to serve the Southwest Yelm area and would unreasonably __ comnete WIth and draw market share from the eXlstmg: busmess core of the City ~ -' of Yelm. 11 The City IS m the process of amending Its Open Space and Park Ordinance to provide for the dedicatIon of open space m the amount of five percent (5 %) or net built area in smgle family deslgnatI.ons and ten percent (10 %) or net built area In multI.-fanrily desIgnatI.ons. Applymg the proposed amendment to the Open Space Ordinance, the folloWlng apprOXImate dedicanons or open space wrill be reqUITed: TnUTston Highlands AssoC'...ates - 56 Acres Raimer Estates - 11 Acres Other Parcels - 16 Acres Some concerns among Pl:mnmg Comnussion members were Talsed that the pnvate golf course on the Thurston HighI::mrls Assoc..ates parcel should not be included in the open space calculatI.ons because the golf course will be a pnvate golf course. 12. Tne Master Plan submittal proposes that the Plan area be served entrrely by public and pnvate utilities, including sewer, water, electnclty, telephone, and cable TV 13. The applicant has shown the possible location for a future State Highway known as the Y -1 Corridor. The applicant has shown the route for an internal main loop road through the Plan area. The applicant has shown the dedication or right-of- way access onto the F art Lewis nillitary reservation in the locations shown on the Master Plan map. FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 4 -~ ~~-'---- 14. In conjunction with the Annexation of the Southwest Yelm area, the applicant SIgned an agreement obligatmg it to pay the costs of the City' s Wastewater Reuse Program to the extent attributable to the annexed area. The City has obtaIned a Centenmal Clean Water Act grant that requITes a local matcmng share. Staff has detenmned that the applicant's share IS forty percent (40 % ). Staff has notIfied the applicant that fifty percent (50%) of its share 13 due by August 15, 1994. Staff recommends that, as a condition of Conceptual Master Plan approval, tins payment first be made. The Wastewater Reuse Program will require areas of open land for rrngatlon. The proposed golf course in the Thurston Highlands ASSoclates ownershIp IS well-suIted for such applicatIon. Staff recommends that the installation of water and sewer lines necessary to serve the Plan area, as well as all the pertment faciliues, be constructed m phases concurrent WIth development. As such, staff also recommends that~ pnor to final ~Iaster Plan approval, the City adopt an ordinance requiring installation of sewer and water lines ill phases as well as a latecomer agreement prOVIding for the relmbursement of the costs of such mstallanon, also ill phases. 15 Tne Planmng ComrmsslOn rece::.ved testimony from the Yelm Commumtv Schools - . . thar the proposed populanons III the Plan area would reqUITe the construcnon or approXilllately seven new schools. The applicant has proposed two new school SIreS. CONCLUSIONS: 1 The Southwest Yelm ConceDtual Master Plan IS consistent WIth the Master Plan .. ReVIew Ordinance, Ordinance No. 495 or the City or Yelm, except to the extent ne~ssary to modify the Plan as prOVIded herem. 2. The envrronmental reVIew and doc~mentation prepared by the City or Yelm for the Southwest Yelm Conceptual Master Plan adequately describes the prajec~ the impacts and potennal rrntigation. Tne Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexatlon., issued on July 11, 1994, satlsfies the State Envrronmental Policy Act and rules promulgated pursuant thereto. Parttcular project spe~.Jic rmpacts and rmngao.on will be ident1.fied at the rime of development review and approval. 3. The Staff Report accurately describes the project~ background mfonnanon, applicable regulatory requirements, and analysis of staff concerns with the revisions noted herein. The Staff Report is attached as Exhibit A, and incorporated herem by reference. 4. The P1anmng Commission recommends approval of the Southwest Ye1m Conceptual Master Plan by the City Council of the City of Yelm subject to the FINDINGS, CONCLUSIONS AND RECO~ATION PT.A NNTNG rnMMTSSTON - rITY OF YELM - Pa.~e 5 ---------- following conditions. These conditions are rmposed to nnngate impacts identified by staff during Master Plan Review and Environmental Re'Vlew. The recommended conditlOllS are as follows: A. Zomng. (1) Zonmg ill the Southwest Yelm Master Plan area shall be as desIgnated ill the attached Exhibit B, Southwest Yelm Conceptual Zomng Plan. (2) The Conceptual Zomng Plan reflects the followmg changes from the last version of the applicant's Master Plan map: a. ConversIOn of approXlmately 13 acres norJ1 of Berry Valley Road from smgle family to mult:l.-farnily b. ConversIOn of 16 acres owned by Bosequette from commereal to mulu-farnilv " No other recommended changes to the last versIon of the applicant's Master Plan map were detemnned to be or ment based on planmng cnrena. B. Phasmg (1) Tne Southwest Yelm lYlaster Plan area will be developed ill phases as generally outlined ill the attached ExhibIts C, D and E. C. Densmes/Dweilinl! Umts (1) Tne total number of dwelling units allowed in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling units. Tills overall maxunum is further allocated to each ownersrup witlun the Master Plan area according to the attached Exhibits C, D and E. (2) The mimmum number of dwelling umts in the Master Plan area shall be computed on the basIS of 3.5 dwelling units per net developable acre. Net developable acres is the land measurement remaining after subtracting open space, environmentally sensltlve areas, parks, tran.sportarion and utility comdors, and any other unbuildable area. The mmimum density shall be applied and enforced according to the mimmum dwelling umts allowed by the attached Exhibits C, D and E. FINDINGS, CONCLUSIONS AND REC011MENDATION P~G CO:M:MISSION - CITY OF YELM - Page 6 ~'~...; ';.~---- (3) Accordingly, therefore, development in the Southwest Yelm Master Plan shall be between'3,946 dwelling units and 5,000 dwelling umts. D. Transporta1Jon and UtilitIes (1) (2) (3) This conceptual Master Plan approval reqUITes the establishment of two Essential Utility and TransportatI.on Comdors. Tne Y-l Corridor will serve the park SIte and school site on the nonhern boundary and the commercial property throughout the remamder of the Comdor Tne second essentI.al comdor IS the maIn loop road that connects to State Highway 507, loops through the Thurston Highlands AssocIates parcel, mtersects the Y -1 Comdor, follows Berry Valley Road and connects to State Highway 510 at Killion Road. Tne Planmng Comrmsslon recommends the folloWlng mechamsm for - - dedicatrng the Essen1Jal Utility and TransDortatlon Corndors. All - .. property owners whose property will be burdened by tb.e Comdors will execute a recIprocal easement for the Camdon that will gwe each property owner the nght to use the Camdor on every other property. Tne easement will be executed pnor to City Council approval of the Conceptual Master Plan. Tne easement will gIVe each property owner the nght to dedicate the entrre stretch of the Comdor to the City in conjuncnon WIth Final Master Plan approval. Dedication will be required as a conditIon or final Master Plan approval. In addition to the easement, the Planning CommisslOn reauires a ConcOIllltant Agreement., wherem ConceDtual Master Plan A - ... anoroval bv the City Council will be conditioned on executlOn of the ..loo..loo _ '" recrprocal easement. For purposes of the reciprocal easemenI., the Comdors will be described generally as shown on the Conceptual Zomng Plan. For purposes or final Master Plan approval, the Comdors will be fixed by the mechanism described in the reCIprocal easement. The main loop road running from the southwest to the northeast m the Master Plan area shall be constructed according to an ordinance, adopted prior to final Master Plan approval., reqUIring that the road be developed in phases associated WIth development. In those areas where the road is not yet constructed in full to serve deyelopment., the road will be constructed to sub-grade elevatI.on Wlth a maintenance coarse surface for the entlre rem::!ining length of the right-{)f-way. The City shall also negotiate and adopt a latecomer agreement for the construction of this road in a m::!nner that provides FINDINGS, CONCLUSIONS AND RECOMMENDATION PUNNING CO:M:MISSION - CITY OF YELM - Pasre 7 _.~..-- _._~._--~~~" --------- reimbursement according to the phases of construction. The applicant shall, as a condition of this approval, agree to walve any and all protests to any such ordinance and latecomer agreement. (4) The dedicatJ.on of the Y-l Comdor will be a sIXty (60) foot nght-of- way to the City In order to allow the potentJ.al future improvement to a State Highway, the City will impose a fifty-five (55) foot setback from each side of the dedicated nght-of-way. Tms will ensure that structures are not constrUcted In the area that could potennally serve as the State Highway. (5) Pnor to final Master Plan approval, the applicant shall proVlde the dedicanon of the access pomts shown on the attached ExhibIt B, Conceptual Zomng Plan. (6) All development wlmm the Master Plan area will be served by the City of Yelm' s sewer and water svstems. All costs of such semc.e " " extenslon and construC!lon shall be borne by the applicant. .AJl such utility servlce mstailations shall be deSIgned and consrruc~ed m accordance wllh the requlIements of the City of Yelm, the Deparonent of Ecology, the Department of Health, the appb.c3.ble Fire Dismct and any other agency WIth junsdictlon over such utilitles. (7) The applicant shall pay fifty percent (50 %) of its share of the local matchmg funds for the Centemnal Clean Water Act grant pnor to City Council approval of the Conceptual Master Plan. Tnurston Hi~hlands Associates shall agree to enter into agreements wlIh the City to provide land acres for wastewater reuse applicanons, under the terms of the Wastewater Reuse Program. (8) Prior to final Master Plan approval~ the City shall adopt an ordinance requinng the InStallation of water and sewer lines necessary to serve the Southwest Yelm Master Plan area at the tlme of the first mitral development Wlthm the are3.. Tne City will also negotiate and adopt a latecomer agreement for the rermbursement of the costs of InStalling such utility lines. The applicant shall, as a condition of this approval, agree to waive any and all protests to any such ordinance and latecomer agreement regarding the extensIon of sewer and water. (9) The City will allow development of the Clubhouse and Restaurant In the Thurston Highlands Associates ownership on an approved septic FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING CO:M:MISSION - CITY OF YELM - Page 8 :-- ' ;~;- \ ~"I' ";:,. {f.J,;-r.._.. system that is compatible with future hook-up to the sewer system, to the extent allowable by the Thurston County Health Code. E. CommerC1al Development (1) CommerClal development along the Y-l Comdor of the Southwest Yelm Conceptual Master Plan area shall be lirmted to a total of 165,000 square feet of floor space with no more than 40,000 square feet of commercIal floor space attributable to anyone commerCIal structure. The total of 165,000 square feet along the Y-l Comdor shall be phased WIth development according to the follOWIng phasmg plan; a. Fifteen thousand (15,000) square feet of commerCIal floor space will be allowed until the constructIon of 1,250 dwelling umts ill the entrre Master Plan area lS complete. ~ b. An addiuonal fifty thousand (50,000) square feet or commerCIal. floor space will be allowed after the constrUctlon of 1,250 dwelling umIS III the e:ltrre Master Plan area, but berore the constructIon of the Y-l State Highway. c. An addinonal one hundred thousand (100,000) square fee:: or commerClal floor space will be allowed after the construC::l.on of the Y -1 S tate Highway. (2) Access to such commerClal. development from the mam loop road shall be lirmted to no less than 300 feet from the intersectlon of such road WIth the Y-l State Highway. No access to such commerClal. development will be allowed from the Y-l State Highway (3) Commercial development WltIDn the five (5) acre commerClal desIgnation near the clubhouse in the Thurston Highlands ASSoclates ownershIp shall be lirmted to a total of 12~ 000 square feet of commercial floor space WIth no more than 3,000 square feet of commercial floor space attributable to anyone smgle commercal structure. Commercial development in this area will be modeled on a neighborhood village concept. F. Open Space and Parks (1) Development within the Master Plan area shall comply with the City of Yelm Open Space Ordinance, as amended. Currently proposed FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 9 amendments to the Open Space Ordinance require the dedicatLon of five percent (5 %) of net built area in single family deslgnatLons and ten percent (10%) of net built area in multi-family designanons. (2) Thurston Highlands ASSOcIates shall dedicate the currently shown 10 acres of park 1ll two 5 acre parcels concurrent Wlth development according to the City's level of servIce standards. See ExhibIt C. (3) In order to qualify the pnvate golf course In the Thurston Higblands Associates ownersmp as open space, the applicant must establish that mmntalmng It as a private open space satls:fies all of the cntena of the Open Space Ordinance, other than dedicauon, and that It serv"es the purposes of the ordinance. A pnvate open space must be accessible to eIther the general public or the resIdents of the parb..cular development. Tne Planmng ComnnsslOn recommends that Tnurston Hi~hlands ASSOCIates select amOll2: the folloWln2: reauIred - - - . alte;:nauves: a. open. the golf course membersinp to the general public or resIdents of Tnurston Highlands ASsoclates; b. create a system of trails throughout the golf course and dedicate such trail to the City for public use; or c. dedicate an additional fifteen acres of park to the City under the terms of the Open Space Ordinance, as ame:1ded. (4) Althou2:h actual dedicatIon will oc:ur at the tmle of develotJme:1t. the - ... ' Conceptual Zomng Plan and Conceptual Master Plan Map shall show the reservation of an addinonal eleven (11) acre park on the RaImer Estates propeny. Parks dedicated In the remammg parcels shall be in the amounts calculated pursuant to the Open Space Ordinance, as amended. (5) The applicant shall obtam from Thurston County all necessary permits for crossing the trail recently acqurred by Thurston County from Burlington Northern. G. Schools (1) Tlle Conceptual Master Plan map and Conceptual Zoning Plan should show the reservation of a total of three school sites for future dedication or purchase. The applicant has shown one fifteen (15) FINDIN"GS~ CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 10 , , acre school site and one eight (8) acre school site, both on Thurston Highlands Associates property. The maps should show a third school SIte of at least eight (8) acres on RaImer Estates property (2) The siting of all school SItes witlnn the Master Plan area shall fully comply with the standards imposed by the Supenntendent of Public InstructlOn for the SltIDg of school SItes. (3) In the event that any of the school SItes reserved pursuant to tins Conceptual Master Plan are detemnned by the School DIstnct or the City or Yelm to be unacceptable ror the development or a school SIte, the School DIstnct may elect to waJ,ve the rese:::-vauon and accept a voluntary agreement ill lieu or such school sue under the terms of RCW 82.02.020. (4) Tne school SItes reserved pursuant to t.hJ.s Conceptual lvfaster Plan are not mtended to se:rve as full comnliance 'Nlth any reQUlIement ... . ~ that the City or the developer make adequate proVIS1ons ror schools (i.e., impact fees, voluntary agreements, dedicallons, etc.). The reservahons are mtended to be rmrumum prOVIsIOns that ronn the startIng place for ensunng that the rmpacts of any development ill the Master Plan area are adequately rmhgated. H. EnVIronmental ReVIew (1) Tne rrnhgatIDg measures ldenniied m the Final Envrronment Impact Statement shall be satJ.sfied m the development of the Southwest Yelm Conceptual Master Plan. Those rrutigatmg measures are adopted herem by tins reference and made a part hereof. 1. Procedural Issues (1) This Conceptual Master Plan approval dces not mclude or lIDply approval or specmc development proposals such as subdiVISIons, plats, site plans, or planned resIdenhal developments. Such specmc development proposals shall be subject to the laws and regulatIons otherwise applicable, with the addihonal requirement that they also shall satisfy all conditions of tlns Conceptual Master Plan that apply (2) The Southwest Yelm Master Plan shall be reviewed by the Planning Commission every five years after the effective date of the City Council's action on the final. Master Plan. The purpose of the review is to determine whether substantial completion of FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING CO"M"'MT~~nN - C'ITY OF Y1=T~..r - "p~0'p. 11 development is proceeding according to the Phasing Plan and whether such development is satisfying all conditlons of Master Plan approval. If development IS not proceeding as planned or the conditions are not being met, the Plarunng Comnusslon may either extend the reVIew penod or tenmnate the Master Plan approval according to the terms of the Master Plan ReVIew Ordinance. (3) Any major modmcao.on to the Master Plan will require Planmng Comrmssion approval 1ll accordance WIth the Master Plan ReVIew Ordinance. (4) Each of the major planmng areas (Tnurston Highlands ASSOcIates, Raimer Estates, and Other Parcels) may proceed mdependently WIth final Master Plan approval, proVIded that the overall requrrements of tins Conceptual Master Plan approval are satlsfied. (5) Tms Concentual Master Plan aDuroval shall take effect UDon the ... .... ~ ... execuo.on and recording of a Conconutant Agreement pursuant to conclusion 4.D. hereln. REC01Yf1vfEND AnON: The Planning CommissIon of the City of Yelm recommends approval of the Southwest Yelm Concentllal Master Plan bv the City Council of the Cirv of Yelm ... ..,.., ~ as modified and VJlth the condiuons of approval recommended hereln. Tne Planning ComrmsslOn recommends adopo.on or the Conceptual Master Plan as an amendment to the 1985 Comnrehenslve Plan ror the City of Yelm and the adontlon ~ J . of the Conceptual Zomng Plan as an amendment to the City's eXlstmg zomng map. According 0 the Master Plan Review Ordinance, such amendments will not be errecnve until final Master Plan anuroval. ...... P .A.SSED AND APPROVED t.l:ns 15 thday of p..ugus t , 1994. ffl>0 =J:e:f!Wr~= Tom Gorman Chamnan (Acting) City of Yelm Planmng ComrmSSlon FINDINGS, CONCLUSIONS AND RECOMMENDATION PUNNIN"G COMM1SSION - CITY OF YELM - Page 12 - --~----- , : SOUTHWEST YELM CONCEPTUAL :MASTER PLAN Summary of Tnurston Highlands ASSOcIates OwnershIp T ota! Area: Wetlands : Golf Course:1 Park:~ Schools: Water Tanks: Mam UJOD Road: ... Reuse/re::yde storage:.3 Net Developable Acres: ReqUITed Open Spa~:.4 1,240 Acres 62 Acres 370 Acres 10 Ac:res 23 Acres 2 Acres 30 Acres 30 Acres 713 Acres 557 Acres Mimmum De:1S1ty" 11immum Dwelling Umts: MaX1Il1um DensIty" MaX1Il1UIll Dwelling U mrs: 3.5 Umts/Net Developable Acre 2,500 Dwelling Umrs 4.44 UmrsiNe:: Developable Acre 3,166 Dwelling Umts PopulatlOn Estimate: 11immum - 6,250 MaXlIIlUID - 7,923 Phases: PHASE I DESCRlPTION I ACRES I Phase 1 4,000 sf golf restaurant; - 150 seats Phase 2 Single Family I 71 I Phase 3 I Single Family I 34 I Phase 4 I Single Family I 43 Phase 5 I Single Family 31 I Phase 6 Single Family 52 I Phase 7 Single Family I 35 I Phase 8 Single Family 55 I Exhibit C ---- Phase 9 Comrnmerclal (12,000 sf 5 buildings) Single Family 15 Phase 10 I Single Family I 17 I Phase 11 I Single Family I 42 I Phase 12 Single Family I 60 I Phase 13 Single Family I 48 I I Phase 14 I Single Family I 54 I I I I , Phase 15 Mulh-Family 32 I Phase 16 Single Family I 68 I I - Phase 17 Comme:clal (165,000 sf 15 buildings) I TOT}...LS. I 713 I On-Sire Improvements: A. Roads 1. Main Loop Road a. Exec~te reclprocal easement and concormtant agreement., for eventual dedicanon, pnor to Conceptual Master Plan aDDrova!. . ....... b. Construct paved roadway to grade according to Ciry of Yelm road speClficatlons to the clubhouse in phase 1 concurrent WIth development of phase 1. c. Construct paved roadway according to City of Yelm road specifications for each phase adjacent to the roadway concurrent with such phase. d. Construct unpaved roadway to sub-grade elevatlon WIth a mamtenance coarse surface, according to City of Yelm road specriicatlons for remainder of roadway not servmg Development. 2. Y -1 Conidor a. Dedicate 60 foot nght-<:>f-way Wlth 55 foot setbacks. b. Construct sixty foot roadway according to City of Yelm specifications concurrent with adjacent development. The entire roadway shall be ~ SOUTH YVEST YEUI.{ CONCEPTUAL NfASTER PLAN Summary of Rainier Estates Ownerslup Total Area: 262 Acres Wetlands : 50 Ac:;:-es J\tfam LDop Road: 8 Ac:;:-es School: 8 Acres Park: 1 11 Ac:;:-es Net Developable Acres: 185 Ac:;:-es 11immum DensIty. 3.5 U mtslN et Developable Ac:;:-e Mimmum Dwelling Umts: 648 Dwelling Umts Max:unum DensIry- 4.44 Umts/Net Developable Ac:;:-e lvfax:unum Dwelling Units: 822 Dwelling U mts Populanon Esumate: ~limmum - 1,620 Maxunum - 2,055 Phases: I I , PHASE DESCRIPTION ACRES I I Phase 1 I Single Family I 25 I I , Phase 2 I Single Family I 14 I Phase 3 I Single Family I 20 I Phase 4 I Single Family I 16 I Phase 5 Multi-Family I 15 I I I I Phase 6 Single Family d." I ..J Phase 7 I Single Family I 13 I Phase 8 MultI-Family I 13 I I Phase 9 Single Family I 26 I TOTALS: I 185 I 1 Calculated pursuant to Open SlJ3Ce Ordinancg, as amended by current proposal. Exhibit D B. constructed concurrent with development on the proposed school SIte, unless already constructed. Sewer and Water 1 Develop clubhouse/restaurant In phase 1 on approved septic dramfield and STEP tank desIgned for future hookup to City of Yelm sewer system. All other development shall be directly served by the City of Yelm sewer and water systems. 2. Install sewer collectlon and water maln lines along entJIe route of MaID Loop Road on-sIte when easement IS dedicated and sewer and water capac::.ty are available. 3 Thurston Highlands Assoclates (TRJ.\.) has assIgned warer nghts applicatIon. THA., and Its successors and asSIgnS, shall bear all the costs of testlng, drilling, momtonng, processmg the applicatlon and any othe: cost of successfully obtaimng water nghts on the basIS or the eXlStlng applicatIOn. 1 See C.ondusion 4o.F..3 in text regarding c.'ioicss on open space dedication. 2. Dedicated in 5 ac:e parcsls c~nc:.lf(ent with development of ilrst 6 places See Conciusion 4.F.2. 3. Dedie<ated to the City conc:.Jrrent with development as shown in Final Master Plan approval. 4 Calculated pursuant to Open Space Ordinance, as amended by current proposal. SOUTHYVEST YELM CONCEPTUAL ?vIASTER PLAN Summary of Other Parcels Total Area: Wetlands : Golf Course: Par.k:1 Net Developable Acres: 358 29 86 16 228 Acres Acres Acres Acres Acres 11immum DensIty: -- . Mimmum Dwelling U mrs: lvfa:mnum DensIty- Maxunum Dwelling U mts: 3.5 Umrs/Net Developable Acre 789 Dwelling Umts 41 ~ U mts/N e:: Developable Ac::e 1,012 Dwelling U mrs ~ Populanon Esnmate: D 1 . eve...opmem: program Mimmum - 1,973 Ma.-umum 2~530 10 - 20 years I I I OW~"""ER DESCRIPTION ACRES I I Steadman Single Family 15 ProDerrv ... . Dovle I Single FmUly I 38 ! oJ i Properry I Mulu-Family I 22 I Bosequett I Single Family I 19 I Properry MultI-Family I 14 I All Other I Single Family I 94 I Parcels I Mulu-Family I 26 I I TOTALS. I 228 I I CaJcuiated pursuant to OiJen Space Ordinance. as amended by current proiJosal. ;~ ExhibltE On-Site Improvement: A. Roads - MaIn Looo Road A- I. Execute reCIprocal easement and conconntant agreement, for eventual dedicatIon, pnor to Conceptual Master Plan approval. Dedicate 120 foot nght-of-way Construct paved roadway according to City of Yelm road specmcanons for each phase adjacent to the roadway concurrent WIth such phase. Construct unpaved roadway to grade according to City of Yelm road specmcatlOos for remamde:r of roadway not se:rvmg development. Sewer and Water Install sewer collect:I.on and water mmn lines along entrre route of :&fam LJop Road on-sIte when easement IS dedicated and sewer and water C3.Dac:tv are available . .. B. ~ ' 2. '" ,j. 4. ~ - ~_."-_..-."....~'-~-- -~_._.-_._.~._.. ._... - ~ _._. __....-_ ----.--... :_ _ ..:"-,:: _.;,;:u.-:::-~-:- ~-:-:~-:'~::7.. . . I On-Site Improvements: A. Roads - MaID Loop Road Construct paved roadway according to City of Yelm road specifications for each phase adjacent to the roadway concurrent WIth such phase B. Sewer and Water Install sewer collecuon and water mam lines along enore route of Mam Loop Road on-sIte when easement IS dedicated and sewer and water capaciry are available. o o 1997 RESIDENTIAL DEVELOPMENT AGREEMENT PANORAMA HILLS, PHASE 2 SUBDIVISION DEVELOPER 605668 ALBERTA INC. 5.648 HECTARES MORE OR LESS 72 LOTS MORE OR LESS DATE OF AGREEMENT- ~ :,~ /;j /f'?f? AGREEMENT NUMBER - --zt:7-033 CITYCLERK'SIDENTIFICATIONNO - ;3 L/'b ~f STANDARD AGREEMENT APPROVED BY.CITY COUNCIL THIS 23th DAY OF JUNE A.D 1997 ~ 0 0 INDEX CLAUSE PAGE c. Boundary 54 18 d. Soil Instability 55 19 e. Installation of Traffic Control Ducts 56 19 f Access Roads 57 19 8) LANES AND W ALKW A YS a. Construction 60 19 and 20 b Restrictive Covenants 61 20 9) SIDEWALKS, CURBS AND GlITTERS a Construction 70 20 and 21 b Boundary 71 21 c. School Sites 72 21 10) FENCING 73 21 and 22 11) LANDSCAPING OF RESERVE PARCELS, PUBLIC UTILITY LOTS AND STREETS AND A VENUES AND UNDERGROUND IRRIGATION a Gradin~ Loaming and Seeding 80 to 82 22 and 23 \ b Underground Irrigation and Power Supply 83 23 and 24 I c. Optional Subdivision Amenities 84 24 d. Environmental Reserves (Protection and Fencing) 85 24 e. Loam Stockpiling 86 24 to 26 f. Urban Forest Management (Tree Planting) 87 26 12) SfREET LIGHTING, WALKWAY UGHTING AND ELECTRIC POWER a. Street lighting i) Procedure 90 (a) to (f) 27 ii) Installation and Operation 90 (g) 27 ill) Frozen Ground Conditions 90 (h) and (i) i7 and 28 iv) Relocation of Street Light Poles 90 (j) 28 v) Payments 90 (k) 28 vi) Non Standard Street Lighting 90 m 28 b. Walkway and Reserve Pathway Lighting i) Installation, Costs and Payments 91 (a) and (b) 28 0 0 INDEX CLAUSE PAGE c. Electric Power i) Electrical Distribution System 92 (a) 29 ii) Procedures 92 (b) 29 ill) Conditions of Standard Rates for Detached and Semi-Detached Dwellings 92 (c) 29 and 30 iv) Site Requiring 'Three Phase Power 92 (d) 30 v) Utility Rights-of-Way 92 (e) 30 vi) Easements 92 (f) 30 vii) Sequence of Installation 92 (g) and (h) 30 and 31 viii) Pre- Installed Road Crossing Ducts 92 (i) 31 ix) Construction Delays 92 (j) 31 x) Frozen Ground Conditions 92 (k) and (l) 31 and 32 xi) Compaction 92 (m) 32 xii) Modified Underground System 93 (a) to (c) 32 xiii) Total Underground System 94 (a) 32 xiv) Conditions for Non-Standard R-1 and Fee Simple Row Housing 95 (a) and (b) 32 and 33 xv) Payments 96 33 13) EASEMENTS 100 33 14) LAND PURCHASE i) Land Purchase Option Agreement 101(a) 33 ii) Land Purchase (L.RT Purposes) 10 1(b) 33 and 34 ill) Land Purchase (Municipal Purposes) 101(c) 34 iv) Land Purchase (Reserves) 101(d) 34 15) PERFORMANCE SEaJRITlES a. Letter of Credit or Other Security 110 to 116 34 to 36 16) INSURANCE 117 36 and 37 17) INDEMNITY CLAUSES 120 and 121 37 and 38 18) RECOVERY OF COSTS, BOUNDARY ROADS, LANES AND SCHOOL LANDS a General 130(a) to (e) 38 and 39 b Endeavours to Assist 131 39 c. Boundary Roads and Lanes 132 40 d. School Sites 133(a) and (b) 40 19) CONSTRUCTION COMPLETION CERTIFICATES a Definition of Construction Completion 140(a) to (l) 4D to 43 b Procedures 141(a) to (h) 43 and 44 0 0 INDEX CLAUSE PAGE c. Procedures (Parks) 142(a) to (d) 44 and 45 20) MAINTENANCE a. General 150 to 153 45 and 46 b. Sanitary Sewer Maintenance 154 46 c. Water Hydrants, Main and Service Valve Boxes 155 46 d. Maintenance PeIiods 156(a) to (m) 46 to 48 21) FINAL ACCEPTANCE CERTIFICATES a. Procedures 157 to 159 48 and 49 22) GENERAL CLAUSES a Defect or Default by Developer 160 50 b. Access Maintenance to Occupied Premises 161 50 c. Dust, Dirt & Construction Debris Control 162 50 and 51 d. Land Use Classification Sign 163 51 e. Survey Control Stations 164 51 f. Traffic Detour Control 165 52 \ g. Recreational Vehide Parking 166 52 h. Cessation of Right to Install or Construct 167(a) and (b) 52 and 53 i. Invoicing and Payment 168(a) to (c) 53 j. Overdue Accounts 169(a) and (b) 53 Ie. Waivers 170 54 l. Time is of the Essence 171 54 m. Development Pemtits 172 54 n. Joint Venture 173 54 o. Assignment 174 54 p. Notice 175 54 q. Special Clauses 180 55 23) SCHEDULE "A" 24) SCHEDULE "B" 25) SCHEDULE "C" 26) SCHEDULE "D" (if required) o o TillS AGREEMENT made this // day of A.D , 199? BETWEEN. THE CITY OF CALGARY, a Munidp Corporation, (hereinafter referred to as 'The City"), OF THE FIRST PART -and- 605668 ALBERTA INC. a Body Corporate having its offices in the Gty of Calgary in the Province of Alberta, (hereinafter referred to as "the Developer") OF THE SECOND PART WHEREAS the Developer is the owner or is entitled to become the owner of lands situated in the City of Calgary, Province of Alberta, as detailed in Schedule "A" attached hereto and shown outlined or partially outlined in green on the plan attached hereto as Schedule uB", (hereinafter called "the Subdivision"); AND WHEREAS the Developer, subject to the approval of the proper officials of the City of Calgary, proposes to install and construct utilities and other services in that portion of the Subdivision shown outlined in red on the plan attached hereto as Schedule uB", hereinafter called "the Development Area", the size and number of lots contained therein being indicated in Schedule "A" attached hereto; AND WHEREAS the Developer has submitted to the City of Calgary Planning Commission, and the Commission has approved for registration in the Land Titles Office for the South Alberta Land Registration District the Legal Plan which includes the herein described Development Area or a portion thereof; , A~ WHEREAS the City Engineer (hereinafter called the "Engineer") has examined the said Legal Plan and affixed his signature thereto; AND WItEREAS the Developer has submitted detailed drawings and specifications and has received the Engineer's approval of these drawings and specifications for the construction and installation of the several utilities and improvements it is proposing to install and construct within the Development Area or a portion thereof; NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO AGREE AS FOLLOWS: 1 The Developer is hereby authorized, subject to the terms and conditions hereinafter contained, to develop only that portion of the Subdivision shown outlined in red on the attached plan. 2 No construction or development of utilities (including but not limited to sanitary sewers, storm sewers, water mains and hydrants, sewer and water service connections) and improvements (including but not limited to sidewalks, curbs and gutters, paved roads, paved walkways, paved and/or gravelled lanes, overland drainage control facilities and landscaping) or excavations in the existing road and lane rights-of-way shall take place in the Development Area without application having been made to the Engineer, and his written permission having been first obtained. Page 1 3 Page 2 o o (a) The Developer acknowledges that he is familiar with the City Designs and Specifications, and with the requirements of the Engineer under this Agreement, and agrees and shall ensure that all materials cmd workmanship installed or to be performed by the Developer, under this Agreement, shall conform to the City's Specifications and Designs in force for 1997, and in case of any conflict between the Oty's Specifications and Designs and the Engineer's requirements under this Agreement, the Engineer's requirements shall govern. (b) The Developer shall employ in accordance with the Guidelines, a Professional Engineer who is a member in good standing of The Association of Professional Engineers, Geologists and Geophysicists of Alberta, (hereinafter called the "Consulting Engineer") to design and supervise all work to be carried out under this Agreement. The Consulting Engineer means the firm indicated in Schedule "A" attached hereto and includes such other Consulting Engineer or Consulting Engineers as may be appointed by the Developer in addition to or in substitution or replacement of the firm indicated in Schedule itA" upon the Developer giving at least three (3) days written notice to the City prior to the effective date of such change and is deemed to be an agent of the Developer for the pwposes of this Agreement and the Developer shall empower the Consulting Engineer, inter alia, to observe and comply with the Guidelines and, in accordance with the Guidelines, to certify that all materials supplied and all work performed conforms in all respects to the City's specifications and designs, or as otherwise approved by the Engineer. (c) Notwithstanding compliance by the Developer with Clause 3(b), and notwithstanding observance or compliance by the Developer, the Consulting Engineer, the City, or any of them, with the Guidelines, such observance or compliance shall not operate or be construed to relieve the Developer of the responsibility to the City for, or from the full, proper and faithful performance of all obligations, terms, conditions and work to be performed under this Agreement. (d) In Clause 3(b) the term "for the purposes of this Agreement" shall mean for the pwposes of: i) certifying that all materials supplied and all work performed conforms in all respects to the City's Specifications and Designs, or as approved by the Engineer, in writing, ii) preparing, submitting and certifying Construction Completion Certificates and Final Acceptance Certificates, iii) certifying the correction of all defects and deficiencies as required by Clause 157, iv) carrying out inspections under this Agreement, and, v) providing such other certification or documentation as may be required in accordance with this Agreement or the Guidelines, and, vi) the preparation, review, certification and submission of the plans, specifications and schedules which the Developer is required to supply under this Agreement. o 0 (e) In Clauses 3(b), 3(c) and 3(d), "Guidelines" means the document currently in effect entitled "Consulting Engineer Field Services Guidelines" as Jointly prepared and issued by the Urban Development Institute and the City. 4 The Developer shall grant to the Engineer, or its duly accredited. representative, free and uninterrupted access to any and all parts of the Development Area for the purpose of making inspections and taking samples of materials being used in the utilities and improvements being installed. If any materials, design or installation work does not conform to the City Specifications and Standards, the Engineer may immediately stop any work and order the removal of unsatisfactory materials from the area. . 5 The Developer, at no expense to the City and as and when required by the Engineer, shall. (a) supply test results from an accredited Testing Company of alkalinity and soil resistivity for determining abnormal soil conditions requiring special consideration for sanitary sewers, storm sewers and water mains; (b) supply Standard Proctor Density test results from an accredited Testing Company for sidewalk, paving and lane construction and utility trenches, (c) supply samples of any materials proposed to be used. or installed in any utility or improvement under this Agreement, which samples shall be suitable for testing and visual inspection by an Inspection and Testing Company under contract with the City 6 Subject to Clauses 151, 154, 160 and 162 and excepting work done or material supplied by the City pursuant to those Clauses, the parties hereto, before doing any work or supplying any materials for which the other is required. to pay, either for the whole or in part, shall obtain the written authorization of the other party and that party will authorize the work to proceed and the materials to be supplied, at prices in accordance with the Unit Rate Schedule attached. hereto as Schedule "C" (hereinafter called. the 'Unit Rate Schedule") These prices shall apply to all works done by the Developer to be paid for by the City; all works done by the City to be paid for by the Developer; and deferred payments which are to be made to the Developer on boundary roads and the like. If the Unit Rate Schedule prices are not available in the Addendum, then the work shall be done at a price mutually agreed. upon before the work is started. 7. Where the City pays only part of the total cost, such as oversize, the City will pay the Developer a surcharge of 5% for overhead computed on the City's share of the cost, but no engineering fees shall be paid. The City will pay the Developer a surcharge of 5% for overhead and 5% for engineering fees computed. on the City's share of the cost in the following cases only. (a) where the City pays the full cost of any installation done by the Developer; (b) where the City pays a portion of the cost on boundary utilities and improvements as provided in Gause 130 herein, (c) where the City pays a portion of the cost of utilities and improvements around Page 3 o o school sites. Notwithstanding anything to the contrary contained in this Agreement, the City shall be under no obligation to pay any cost otherwise recoverable by the Developer from the City unless the Developer submits to the City an invoice, with all supporting documentation, for the full amount claimed within six (6) years of the date of this Agreement and the Developer shall thereafter make no demand or file any action or claim against the City for the payment thereof ASSESSMENTS SANITARY SEWER AND STORM SEWER 8 The Developer shall pay to the City with respect to each and every hectare or part thereof within the Development Area, an assessment charge per hectare which is based upon the Catchment Areas specified in the City Engineer's Plans 4750200.009 and 475.0300.009 as revised from time to time, in accordance with the following schedules, namely: (a) SANITARY SEWER 1 Area served by the Barlow Trunk $ 508 Per Hectare II. Area served by the North Bearspaw Trunk No 1 $ 9,654 Per Hectare ill Area served by the North Bearspaw Trunk No 2 $ 748 Per Hectare N Area served by the Beddington Creek Trunk Phase 1 $ 1,636 Per Hectare V Area served by the Beddington Creek Trunk Phase 2 $ 2,777 Per Hectare VI Area served by the North Beddington Trunk $ 6,209 Per Hectare VII. Area served by the Bowness-Greenbriar Trunk $13,911 Per Hectare VlII. Area served by the Elbow Valley $ 616 Per Hectare IX. Area served by the Fish Creek Trunk, Phase 1 $ 689 Per Hectare X. Area served by the Fish Creek Trunk, Phase 2 $ 909 Per Hectare XI. Area served by the Fish Creek - Ogden Trunk $ 521 Per Hectare XII. Area served by the Forest Lawn Trunk, Phase 1 $ 538 Per Hectare xm. Area served by the Forest Lawn Trunk, Phase 2 $ 849 Per Hectare XIV Area served by the Livingston Trunk $ 1,231 Per Hectare XV. Area served by the McKenzie Syphon Trunk $ 1,538 Per Hectare XVI. Area served by the East McKenzie Trunk $ 2,118 Per Hectare :xvn. Area served by the Midnapore Trunk $ 3,013 Per Hectare Page 4 xvm. Area seW by the Midnapore Town Site Trunk 0 $ 5,232 Per Hectare XIX. Area served by the Nose Creek Trunk $ 1,818 Per Hectare XX. Area served by the Nose Creek Trunk, Phase 4 $ 513 Per Hectare XXI. Area served by the Nose Creek Trunk, Phase 5 $ 1,248 Per Hectare XXII Area served by the Ogden-River bend Tnmk $ 3,037 Per Hectare XXIIl Area served by the Patterson Heights Trunk $ 8,963 Per Hectare XXIV. Area served by the Shepard Trunk $ 6,909 Per Hectare XXV Area served by the Southwest Trunk $ 1,090 Per Hectare XXVI Area served by the Valley Ridge Syphon Trunk $ 9,026 Per Hectare XXVII. All area north of the Bow River served by the 15 Street S.E. Syphon $ 49 Per Hectare xxvm Area served by the 15 Street N.E. (Airport) Trunk $ 3,127 Per Hectare XXVIX. Area served by the 53 Street S.W Trunk $ 5,084 Per Hectare XXX. Area served by the 61 Street N. W Tnmk $ 889 Per Hectare XXXI. Area served by the 81 Street N.W Trunk $ 2,447 Per Hectare XXXll Area served by the 93 Street N W Trunk $ 770 Per Hectare xxxm. Area served by the Marlborough Trunk (Special) $ 309 Per Hectare XXXIV. Area served by the Southwood - Braeside Trunk (Special) $ 353 Per Hectare XXXV Area served by the 28 Street S.E. (Dover) Trunk $ 618 Per Hectare (b) The Developer shall pay to the City before the Completion Date of this Agreement, the sum(s) as indicated in Schedule "A" attached hereto for each and every hectare or part thereof within the Development Area, including those areas which may be dedicated to the City for reserve parcels and any other public use, towards the cost of constructing the sanitary sewer trunk(s) as indicated in Schedule "A" attached hereto The total payment to be made to the City under this Clause 8 in respect of the Developmeht Area is indicated in Schedule "An attached hereto. 9 (a) STORM SEWER 1 Area served by the Beddington Creek Trunk n. Area served by the North Beddington Trunk $ 4,759 Per Hectare $32,812 Per Hectare $ 9,720 Per Hectare m Bowness Greenbriar Page 5 0 0 IV. Area served by the Burnsmead Trunk $ 5,917 Per Hectare V Area served by the Edworthy Draw Trunk $ 1,083 Per Hectare VI. Area served by the South Fish Creek - Midnapore Trunk $10,535 Per Hectare vn. Area served by the Forest Lawn - Barlow Trunk $ 4,434 Per Hectare VIII. Area served by the Haysboro Trunk $ 769 Per Hectare IX. Area served by the Highwood - Thorncliffe Trunk $ 1,791 Per Hectare X. Area served by the Livingston Trunk $ 6,543 Per Hectare XI. Area served by the McCall (Deerfoot Trail) Trunk $ 2,184 Per Hectare XII. Area served by the McKenzie Town Trunk $10-346 Per Hectare xm. Area served by the Midnapore Town Site Trunk $ 5,848 Per Hectare XIV Area Served by the West Midnapore Trunk $ 8,534 Per Hectare XV Area served by the Mountain Park Trunk $ 7,424 Per Hectare XVI. Area served by the North Thorncliffe Trunk $ 1,943 Per Hectare xvn. Area served by the Nose Valley Trunk $ 2,526 Per Hectare , xvm. Area served by the Ogden Relief Trunk $ 3,275 Per Hectare t XIX. Area served by the Patterson Heights Trunk $ 1,889 Per Hectare XX. Saddle Ridge Trunk $ 7,400 Per Hectare XXI. Area served by the Shepard Trunk $13,561 Per Hectare xxn. Area served by the Valleyfield (Harvetta Heights) Trunk $ 3,606 Per Hectare XXIII. Area served by the 4 Street S.W - Fish Creek Trunk $ 6,775 Per Hectare XXIV Area served by the 14 Street S.W - FIsh Creek Trunk $ 1,087 Per Hectare XXV Area served by the 15 Street N.E. (Airport) Trunk $ 8,666 Per Hectare XXVI. Area served by the 40 Street S.E. - Barlow Trunk $ 6,240 Per Hectare XXVII. Area served by the 52 Street S.E. - East Foothills Trunk $11,134 Per Hectare XXVIII. Area served by the 53 Street S. W Trunk. $ 2,646 Per Hectare Page 6 0 0 XXIX. Area served by the 61 Street N W Trunk $ 3,251 Per Hectare XXX. Area served by the 66 Street N W - Bowness Trunk $15,913 Per Hectare XXXI. Area served by the 69 Street S W Trunk $17,097 Per Hectare XXXII. Area served by the 81 Street N W. Trunk $ 8,598 Per Hectare XXXIII. Area served by the 93 Street N W (North) Trunk $ 2,747 Per Hectare XXXIV Area served by the 93 Street N W (South) Trunk $ 3,657 Per Hectare XXXV Area served by the Oak Ridge Trunk (Special) $ 1,006 Per Hectare (b) The Developer shall pay to the City before the Completion Date of this Agreement, the sum(s) as indicated in Schedule "A" hereto for each and every hectare or part thereof within the Development Area, including those areas which may be dedicated to the City for reserve parcels and any other public use, towards the cost of constructing the storm sewer trunk (s) respectively as indicated in Schedule "A" attached hereto. The total payment to be made to the City under this Clause in respect of the Development Area is indicated in Schedule "A" attached hereto. 10. WATER Uniform payment regardless of the location of the Development Area within the City $3,804 Per Hectare (a) The Developer shall pay to the City before the Completion Date of this Agreement, the sum of $3,804 for each and every hectare or part thereof within the Development Area including those areas which may be dedicated to the Oty for reserve parcels and any other public use, towards the cost of constructing water feeder mains and other appurtenances. (b) The total payment to be made to the Oty under the foregoing Clause 10 (a) in respect of the Development Area is as indicated in Schedule "AU attached hereto. 11. WATER USAGE FOR DEVELOPMENT Uniform payment regardless of the location of the Development Area within the City $380 Per Hectare (a) The Developer shall pay to the City before the Completion Date of this Agreement, the sum of $380 for each and every hectare or part thereof within the Development Area including those areas which may be dedicated to the City for reserve parcels and any other public use, towards the cost for water withdrawn from the waterworks distribution system for construction of new subdivisions. (b) The total payment to be made to the City under the foregoing Clause 11 (a) in respect of the Development Area is as indicated in Schedule "An attached hereto. Page 7 o o 12. OVERSIZE (Including Water Pressure Reducing Valve Chambers) Uniform payment to cover the cost of oversize regardless of location of the Development Area within the City $4,114 Per Hectare The term "oversize" where used herein, shall mean the difference in the size of the facility required to serve the Development Area and the size of the facility which the Developer is required by the terms of this Agreement to construct either within or without the Development Area. In addition, payments by the City for water pressure reducing valve chambers, shall be included in the uniform payment under this Gause. (a) The Developer shall pay to the City before the Completion Date of this Agreement, the sum of $4,114 for each and every hectare or part thereof within the Development Area including those areas which may be dedicated to the City for reserve parcels and any other public use, towards the cost of oversize payments and water pressure reducing valve chambers. (b) The total payment to be made to the City under the foregoing Clause 12 (a) in respect of the Development Area is as indicated. in Schedule "An attached l1ereto. 13 MAJOR ROAD OVERSIZE Uniform payment regardless of the location of the Development Area within the City $5,974.00 per Hectare (a) The Developer shall pay to the City before the Completion Date of this Agreement, the sum of $5,974 for each and every hectare, or part thereof within the Development Area including those areas which may be dedicated to the City for reserve parcels and any other public use, towards the cost of oversize payments for major roads. (b) The total payment to be made to the City under the foregoing Clause 13 (a) in respect of the Development Area is as indicated in Schedule "A" attached. hereto. 14. EXPRESSWAYS & FREEWAYS Uniform payment regardless of the location of the Development Area within the City $3,975.00 per Hectare (a) The Developer shall pay to the City before the Completion Date of this Agreement, the sum of $3,975 for each and every hectare, or part thereof within the Development Area including those areas which may be dedicated. to the City for reserve parcels and any other public use, towards the cost of constructing Expressways and Freeways. (b) The total payment to be made to the City under the foregoing Clause 14 (a) in respect of the Development Area is as indicated in Schedule "An attached hereto. Page 8 n n 15 SUBDIVlSION TlO(FFIC SIGNAGE AND ROAD MARKINGS Uniform payment regardless of the location of the Development Area within the City $320 Per Hectare (a) The Developer shall pay to the City before the Completion Date of this Agreement, the sum of $320 for each and every hectare or part thereof within the Development Area, including reserve parcels and any other public use, towards the cost of the manufacturing and placement of subdivision traffic signage and road markings, and any permanent Transportation and Utility Corridor signage. (b) The total payment to be made to the City under the foregoing Clause 15 (a) in respect of the Development Area is as indicated in Schedule "A" attached hereto 16 LOCAL PARKS 17., i I Uniform payment regardless of the location of the Development Area within the City $4/328 Per Hectare (a) The Developer shall pay to the City before the Completion Date of this Agreement, the sum of $4,328 for each and every h~tare or part thereof within the Development Area including those areas which may be dedicated to the Oty for reserve parcels and any other public use, towards the cost of development of neighbourhood, community and district parks. (b) The total payment to be made to the City under the foregoing Clause 16 (a) in respect of the Development Area is as indicated in Schedule "A" attached hereto INSPECTION FEES Uniform payment regardless of the location of the Development Area within the City $2/075 per Hectare (a) In addition to the requirements of Clause 5 herein, the Developer shall pay to the City before the Completion Date of this Agreement, the sum of $2,075 for each and every hectare or part thereof within the Development Area, induding those areas which may dedicated to the City for reserve parcels and any other public use towards the cost of works inspections by the Oty for the installation of: sanitary sewers; storm sewers, water mains and hydrants, sewer and water service connections; parks irrigation systems, and for the construction of surface improvements including parks landscaping requirements. More specifically this covers only the cost of manpower and equipment required by the City for inspections, the cost of quality control, and the materials testing program operated by the Streets Division. (b) The total payment to be made to the City under the foregoing Clause 17 (a) in respect of the Development Area is as indicated in Schedule "A" attached hereto. Page 9 o o PLANS 18 The Developer, at no expense to the City, shall submit to the City. a) sufficient copies of the Tentative Plan for the City's circulation and review process together with one copy of this plan in digital format; b) subsequent to approval of the Tentative Plan by the Approving Authority, one mylar or linen Legal Plan of the Development Area which is intended to be registered at the South Alberta Land Registration District Land Titles Office (the ''linen'') together with one copy of this plan in digital format; all to the satisfaction of the Engineer. In the event that the Developer is not able to provide the Tentative Plan and the linen in digital format, the Developer shall request and obtain an exemption from this requirement from the Engineer. 19 Plans and profiles shall conform to the City's requirements as set forth in the Standard Block Profile Specifications. 20. The Developer shall submit to the Engineer for his approval, preliminary plans and profiles, in triplicate, showing all the work proposed to be done. On this set of plans shall be shown: The oversize of any sanitary sewers, storm sewers and water mains; Extra width and base depth of roads and lanes required and approved by the Engineer; A proposed Land Use Classification map indicating the Land Use Classification of all the lots; The location of test holes with logs; Contours of the highest water table; Proposed. lowest top of footing elevation, Lot corner elevations; Sewer connection invert elevations at the property line, or at three and one half (3.5) metres inside the property line or at five (5.00) metres, inside the property line where the gas line and other shallow utility are located. within a front yard easement for each lot where applicable; Weeping drain tile requirements; Storm drainage areas and flow calculations; The existing shallow utilities; An overall overland drainage control plan to indicate the overland emergency escape route and/or street/lane storage to facilitate major rain storms (trapped lows); A building grade plan indicating, amongst other things, the suggested front grade, and in identifiable areas, the established lot grades for drainage protection, those lots requiring a Storm Water Impound Easement; and any other information which the Engineer requires as to types of material and construction After examination by the Engineer, one copy of the preliminary plans and profiles will be returned to the Developer or his representative showing any amendments the Engineer requires to be made. Page 10 23 24. 25. 26 27 21 At least six (6) coQ of the plans as amended pursuanQ the requirements of the Engineer shall be supplied to the Engineer for final approval before any construction work will be authorized. These plans shall include a cover sheet which will show the proposed lay-out of the shallow utilities. If during the progress of the work, changes in the approved plans are requested by the Developer, the Developer shall first submit six (6) copies of the detailed plans showing the proposed changes and receive the written approval of the Engineer prior to any work being commenced on the changes. The Developer, for each calendar year during the currency of this Agreement, shall furnish the Engineer with plans and schedules showing the locations of all utilities constructed or installed together with the lengths and sizes, using for this purpose standard symbols and fonTIS as authorized by the Engineer The Developer shall provide in duplicate, general plans of the Development Area showing the lay-out of the sanitary and storm sewers, and water mains which the Engineer will transmit to the Alberta Environmental Protection in Edmonton for their information. 22. The Developer shall provide all building grades in the Development Area until the last Final Acceptance Certificate has been issued, and before the final release from liability is given by the City to the Developer, all building grade slips shall be turned over to the Engineer The Developer, as soon as possible after completion of construction and before being released from public and other liability, shall supply the Engineer with plans made on tracing linen, polyester base, or other approved material conforming with the City requirements showing the actual locations of sewers, water mains and other utilities, and on the profiles the elevations referred to City datum if the plans are in imperial measure and, to geodetic datum if the plans are in metric measure, as installed by the Developer The Developer shall also supply all other appurtenant drawings such as outfall, special manholes, lift stations and railway crossing details, as installed by the Developer. In addition, the Developer shall supply the Engineer with plans and profiles of all utility rights-of-way for the purpose of locating underground power, telephone, gas and cable television facilities. The Developer shall indicate and label the road grade to the lip of gutter on all profiles where curb and gutter has been installed. It is understood that the last Final Acceptance Certificate (other than parks) shall be withheld until the "as constructed drawings" have been received and approved by the Engineer. Before the release of Building Permits is authorized, the Developer shall supply the house builder of each lot with a grade plan, indicating by means of arrows, the grading and drainage requirements for the said lot and the restrictions if any as required under Gause 34 herein. (b) The cost of preparing and supplying all plans and specifications referred to herein shall be borne by the Developer (a) Page 11 o o SANTI ARY SEWERS INSTALLATION 28 The Developer, at no expense to the Oty except as hereinafter provided, shall install. (a) All the sanitary sewers complete with manholes and other accessories within the Development Area which may in the opinion of the Engineer, be required to serve the Development Area and adjacent areas, whether or not in boundary lanes, roads and/ or easements. (b) All sanitary sewer service connections from the sanitary sewers to three and one half (3.5) metres inside the property line of all the lots, except where the sanitary sewer service connection crosses a gas line and another shallow utility located within a front yard easement then the service connections shall be installed five (5.00) metres inside the property line of the lots, within the Development Area where the requirements for the sanitary sewer service connections are known during the time prior to the issuance of the Final Acceptance Certificate by the Engineer for the lane or road wherein the sanitary sewer service connections are to be installed. (c) The installation of the sanitary sewer service connection from the end of the sanitary sewer service connection referred to in Clause 27 (b) to any building on a lot shall be made under the supervision of a Master Plumber. (d) A sanitary sewer service connection, from the sanitary sewer to the property line, to service a municipal reserve parcel (which shall not include a sanitary sewer service connection to a school site) within the Development Area. The location and size of the sanitary sewer service connection to the Community Association building site shall be determined by the Director of Parks & Recreation and shall be shown on the approved construction drawings and plans. In addition, the Developer, as provided under Clause 133(a)(ii) herein, shall install a sanitary sewer service connection from the sanitary sewer to the property line of the school site. OVERSIZE 29 The City agrees that if it requires a sanitary sewer to be larger than necessary to serve the area owned or controlled by the Developer, the Oty shall pay to the Developer the additional cost of such larger size pipe, approved joints, fittings, manholes, etc., at prices in accordance with the Unit Rate Schedule. All such oversize sanitary sewer lines shall be designated at the time the Construction Drawings and Plans are given final approval by the Engineer, and no payment for oversize shall be ma9.e by the City unless the line is established as oversize at the time of the said final approval. Notwithstanding the above, the City shall not be liable under this section unless the internal diameter of the sanitary sewer pipe exceeds three hundred (300) rom. Page 12 o o STORM SEWERS INST ALLA nON 30 The Developer, at no expense to the City except as hereinafter provided, shall install: (a) All storm sewers, catch basins and catch basin leads (where applicable), whether or not in boundary lanes, roads, and/ or easements, within the Development Area which may in the opinion of the Engineer be required to adequately drain the Development Area and adjacent areas, including subsurface drainage. (b) Erect or construct any inlet, storm detention facility or outfall structures with the necessary leads connected to the storm sewer to and from the Development Area as required by the Engineer (c) All storm sewer service connections from the storm sewers to three and one half (3.5) metres inside the property line of all the lots, except where the storm sewer service connection crosses a gas line and another shallow utility lqcated within a front yard easement then the service connection shall be installed five (5.00) metres inside the property line of the lots within the Development Area, where the requirements for the storm sewer service connections are known during the time prior to the issuance of the Final Acceptance Certificate by the Engineer for the road or lane wherein the storm sewer service connection is to be installed. (d) All storm sewer service connections from the storm sewers to the property line of all commercial, apartment and church sites within the Development Area, where the requirements for the storm sewer service connections are known during the time prior to the issuance of the Final Acceptance Certificates, by the Engineer, for the lane or road wherein the storm sewer service connections are to be installed. (e) The installation of the storm sewer service connection from the end of the storm sewer service connection referred to in Clause 30 (d to any building on a lot shall be made under the supervision of a Master Plumber. (f) A storm sewer service connection, from the storm sewer to the property line, to service a municipal reserve parcel (which shall not include a storm sewer service connection to a school site) within the Development Area. The location and size of the storm sewer service connection to the Community Association building site shall be determined by the Director of Parks & Recreation and shall be shown on the approved construction drawings and plans. In addition, the Developer, as provided under Clause 133(a)(ii) herein, shall install a storm sewer service connection from the storm sewer to the property line of the school site. OVERSIZE 31. The City agrees that if it requires a storm sewer to be larger than necessary to serve the area owned or controlled by the Developer, the City shall pay to the Developer the additional cost of such larger size pipe, approved joints, fittings, manholes, etc, at prices in accordance with the Unit Rate Schedule. All such oversize storm sewer lines shall be designated at the time the Construction Drawings and Plans are given final Page 13 o o approval by the Engineer, and no payment for oversize will be made by the City unless the line is established as oversize at the time of the said final approval. DRAINAGE DURING DEVELOPMENT 32. The Developer, at no expense to the City and as necessary, during the development of the Development Area, shall take the necessary measures to control the storm water run- off, sedimentation and erosion within the Development Area and for the disposal of all storm water in and from the Development Area and storm water which may be cut off from its natural drainage course by the development all to the satisfaction of the Engineer and save harmless the City and the owners of adjacent properties and such other parties from any losses or damage which the City and such parties may sustain as a result of the storm water run-off, sedimentation and erosion. which may arise during the development of the Development Area. WATER TABLE AND ALKALI CONTENT 33 The Developer, at no expense to the City, shall furnish proof in the form of a report from an accredited Testing Company as to the height of the water table which might cause seepage, or dampness, in basements of buildings and as to the presence of alkali which might damage the concrete in basements of buildings, and if these conditions exist, then the Developer shall: in the case of a high water table, provide the necessary subsurface drainage from the property to a storm sewer system; and in the case of alkalinity, shall advise the contractors erecting buildings that they must use alkali resisting materials. DRAINAGE CONTROL IN SUBDMSIONS 34 The Developer, at no expense to the City, to control surface drainage in subdivisions, shall: (a) Design and construct surface drainage features, as required by the Engineer, to direct storm water to points of collection into the underground storm water collection system. Such design and construction shall include, but not be limited to such features as: berms and grassed swales on reserve lands; concrete gutters, or fence and grassed swale arrangements at back of lots in laneless subdivisions and, grassed swales to provide overland flow relief at trapped lows in lanes and streets. (b) Provide design details of such fadlities as required by the Engineer and, as-built profiles prior to the issuance of the Final Acceptance Certificate for overland drainage control facilities. (c) Construct concrete gutters at the rear of alllaneless lots except where it is deemed not necessary by the Engineer Subject to approval from the Engineer, the Developer may construct a fence and grassed swale arrangement (or a rear walkway system) in lieu of concrete gutters, as shown on the Construction Drawings as approved by the Engineer. Where concrete gutters, fence and grassed swale arrangements, or a rear walkway system are not constructed, the Developer shall be required to plant grade stakes at the rear corners of the lots affected. (d) Construct berms and/or grassed swales, as required and subject to the approval of the Engineer and Director of Parks & Recreation, to direct the drainage from ornamental parks and tot lots. Page 14 ------ ~ o 0 (e) When the construction of the overland drainage control facilities has been completed to the satisfaction of the Engineer, submit a Construction Completion Certificate for approval and, at no expense to the City, maintain the overland drainage control facilities in accordance with the hereinbefore mentioned maintenance requirements and be responsible to rectify any drainage complaints for a period of one (1) year after the issuance of the Construction Completion Certificate, or until the Final Acceptance Certificate for overland drainage control facilities is issued, which ever is the later OVERLAND DRAINAGE EASEMENT AND RESTRICTIVE COVENANT 35. The Developer, at no expense to the City, shall register an Overland Drainage Easement and Restrictive Covenant to the satisfaction of the Engineer against all the titles within and adjacent to the subdivision as determined by the Engineer to ensure that the side yard grades, the rear yard grades and the established overland drainage systems, including but not limited to emergency overland drainage facilities, concrete gutters and grassed swales are not altered. TRAPPED LOWS (TEMPORARY STORM WATER STREET STORAGE) 36. Where trapped low areas have been incorporated into the design of the storm water overland drainage system for the Development Area, one of the results is the temporary storage of storm water on streets, lanes and adjacent lands during and after high intensity rainfall events. The Developer, at no expense to the City, and to the satisfaction of the Engineer, shall register a Restrictive Covenant against those lots adjacent to the trapped low areas where the maximum depth of the storm water located in the streets and lanes is designed to be greater than 0.30 metres in depth, prohibiting either: (a) any grading or re-grading of the lot except in strict accordance with the building grade plan as approved by the Engineer or; (b) the construction of any opening in the walls of any structures within any lot adjacent to the trapped low areas unless such openings are higher than 0.30 metres above the maximum depth of the said trapped low area; such grades and elevations are shown on the building grade plan approved by the Engineer Page 15 o o WATER INSTALLATION 40 The Developer, at no expense to the Oty except as hereinafter provided, shall install. (a) All water mains, valves, hydrants and fittings, pressure redudng valve chambers and appurtenances which may in the opinion of the Engineer, be required to serve the Development Area and adjacent areas, whether or not the said water mains are in boundary lanes, roads and/or easements. (b) All water service connections within the Development Area from the water mains to three and one half (3.5) metres inside the property line of all the lots, except where the water service connection crosses a gas line and another shallow utility located within a front yard easement then the service connections shall be installed five (5.00) metres inside the property line of the lots, within the Development Area where the requirements for the water service connections are known during the time prior to the issuance of the Final Acceptance Certificate by the Engineer for the road or lane wherein the water service connection is to be installed. (c) The installation of the water service connection from the end of the water service connection referred to in Clause 40 (b) to any building on a lot shall be made under the supervision of a Master Plumber. (d) One (1) water service connection, up to and including one hundred and fifty (150) rom in diameter, including the water meter box (the City will install the water meter at no expense to the Developer) from the water main to the property line of each and every sub-neighbourhood, neighbourhood, community, district park and community association building site (but shall not include a water service connection to a school site, or environmental reserves) within the Development Area. The location and size of the water service connections shall be determined by the Director of Parks & Recreation and shall be shown on the approved construction drawings and plans. In addition, the Developer, as provided under Clause 133(a)(ii) herein, shall install a water service connection from the water main to the property line of the school site. (e) The Developer, at no expense to the City, and prior to the issuance of the Final Acceptance Certificate for water mains and hydrants, shall disconnect any temporary water service connection(s) at the water main installed for any temporary irrigation system, all to the satisfaction of the Engineer OVERSIZE 41 The Oty agrees that if it requires a water main to be larger than necessary to serve the Development Area, the Oty shall pay the additional cost of such larger size pipe and valves only, at prices in accordance with the Unit Rate Schedule. In addition, where the installation of a pressure reducing valve and chamber is required, the City shall pay the full cost in accordance with the Unit Rate Schedule, induding a payment of 5% for Engineering and Plus 5% for Administration. Page 16 The Developer sJ;;~;Lt submIt to the Engineer prior to thQwarding of any tenders for the pressure reducing valve chamber all drawings, specifications and tendered documents for review and approval of the Engineer All such oversize water mains and pressure reducing valve chambers shall be designated at the time the Construction Drawings and Plans are given final approval by the Engineer, and no payment for oversize, or for pressure reducing valve chambers, shall be made by the City unless the water main is established as oversize and the pressure reducing valve chamber is designated for payment at the time of the final approval. Notwithstanding the above, the City shall not be liable under this section unless the internal diameter of the water main exceeds two hundred and fifty (250) nun. WATER FEEDER MAINS 42. The City, except as hereinafter provided, shall install any water feeder mains, from the existing City water mains, which may lead into the Development Area as required by the Engineer. CONNECfrON TO CITY WATER SUPPLY 43. The Developer shall make arrangements with the Engineer to have the water mains within the Development Area connected to the City water supply system, and shall pay the City charges for the said work. CHARGES FOR WATER USAGE 44. The Developer shall as soon as the parks water service connection is installed, arrange for the installation of a water meter and shall pay to the City, on a monthly billing basis computed using the General Service Water Metered Rate, the cost of the water used in the development and irrigation of all parks located within the Development Area until such time as the Final Acceptance Certificates, required under Clause 157 herein, for the said parks have been acknowledged by the City CONDmON OF WATER SHUT-OFF 45 When the water supply within the Development Area, or any portion thereof, has been turned on and is being used for domestic or other purposes, the Developer shall not, without the consent of the Engineer, shut off the water supply to any water mains or fire hydrants. USE OF FIRE HYDRANfS 46 Except for grading, pressure testing, disinfecting and flushing of water mains, the Developer and/ or his Contractor(s) shall not use fire hydrant(s) connected to a closed loop distribution system (Le., no reservoir on the system) to obtain water for construction purposes unless written permission has been received from the Engineer The Developer shall endeavour to ensure that the unauthorized use of fire hydrants by all personnel engaged in the construction and/or maintenance of the subdivision is prohibited. INST ALLA nON OF CATHODIC PROTECTION TEST POINTS 47 The Developer, at no expense to the City, shall coordinate the supply and installation of Page 17 o o a cathodic protection test point where a metallic water system crosses, or parallels a major foreign pipe line. The test point shall have leads connected, in an approved manner, to the foreign pipe line and the water system. STREETS AND AVENUES CONSTRUCTION 50 The Developer, at no expense to the City, except as hereinafter provided, shall construct all streets and avenues within the Development Area, including all boundary roads and roads abutting on or adjacent to all reserve parcels and other lands dedicated to the City for Public use, to the width and depth of materials which the Engineer may require to serve the Development Area and adjacent areas. 51. The Developer, at no expense to the City, shall rough grade with cuts and fills, the ground surface of all roads and streets to finished elevation before excavating for any finished surface. 52. The Developer, at its sole expense, shall construct the temporary public oiled and gravelled turnabouts, which shall also include turnabouts for transit and school buses where required by the Engineer, and shall be shown on the construction drawings. In addition the Developer, at its sole expense, shall maintain all the temporary public oiled and gravelled. turnabouts including the transit and school bus turnabouts until such time as the permanent construction of the roadways takes place on which the temporary public oiled and gravelled turnabouts are located or until such other time as determined by the Engineer OVERSIZE I 53. \ (a) I Where a roadway is required by the Engineer to be a divided major standard in the case of residential roads and an undivided major in the case of industrial roads, then the cost of the additional width and depth or equivalent construction design shall be borne by the City and the City shall pay to the Developer the cost of such extra width and depth at prices in accordance with the Unit Rate Schedule. (b) Where roads adjacent to major regional parks (including major athletic parks, municipal golf courses, natural open spaces and water areas) are less than a thoroughfare category and a road wider than required under normal City Specifications is required by the Oty, then the City shall pay to the Developer the difference in cost between the width of the carriageway constructed, and the cost of the road required under normal City Standards, adjacent to the said major regional parks. BOUNDARY 54. Where roads adjacent to major regional parks (including major athletic parks, municipal golf courses, natural open spaces and water areas) are constructed to a major thoroughfare category, the City shall pay to the Developer, in addition to any oversize as provided in Clause 53 (b) herein, the cost of the boundary portion of the carriageway adjacent to the said major regional parks. Page 18 SOIL INSTABILITY o o 55 Where on account of instability of the soil it is necessary, in the opinion of the Engineer, to provide a greater depth of base, the Developer, at no expense to the City, shall excavate, supply gravel for, and place and consolidate the same. INST ALLA nON OF TRAFFIC CONTROL DUCTS 56 The Developer, to the satisfaction of the Director of Transportation, shall install the traffic control ducts, as shown on the construction drawings approved by the Engineer and the Developer, shall be entitled to recover the full cost thereof, at prices in accordance with the Unit Rate Schedule, when the work has been certified as complete. ACCESS ROADS 57. The Developer is required to adequately maintain, induding periodic oiling, any gravelled access roads into the Development Area until the Final Acceptance Certificate for paved roads, paved lanes and paved walkways has been issued or as otherwise required by the Engineer, and before being released from this requirement for maintenance, the Developer, if required by the Engineer, shall rebuild or reinstate the said access roads to a condition satisfactory to the Engineer or as otherwise set out under Schedule 'A' attached hereto. If so designated, access roads for the purpose of this Agreement shall be as indicated in Schedule "A" attached hereto. LANES AND W ALKW A YS CONS1RUCTION i 60 The Developer, at no expense to the City except as hereinafter provided, shall. (a) Grade to the standard cross section and profile approved by the Engineer and construct all lanes and walkways within the Development Area to the width and depth of the materials which the Engineer may require to serve the Development Area and adjacent areas, induding all boundary lanes and walkways, and lanes and walkways abutting, or adjacent to reserve parcels and other lands dedicated to the Gty for public use. (b) Construct a gravel base to residential road standards on those sections of the lane so designated at the time of approval of the construction drawings and plans by the Engineer, in order to prevent erosion. The City will undertake to complete the asphalt priming and surfacing at its own expense when considered necessary by the Engineer. (c) Rough grade with cuts and fills, the ground surface of all lanes and walkways, induding side sloping, to within one hundred and fifty (150) nun of design grade before the installation of any underground utilities. (d) Grade, gravel and pave all public ways, narrow lanes or walkways in the Development Area that are not intended for use by vehicular traffic and shall block off or construct the ends thereof in such a manner as to prevent their use by Page 19 o o vehicular traffic. The Developer shall ensure that the paved surfaces of such public ways, narrow lanes, or walkways are left thoroughly compacted and smooth. (e) Provide concrete steps, landings and metal handrails in any of the before mentioned public ways, narrow lanes or walkways where the Engineer deems it necessary (f) Compaction requirements in gravelled lanes shall be no less than 92% of the Standard Proctor Density (with 95% of the Standard Proctor Density preferred) with two (2) tests per hundred (l00) metre length, the first of which shall be taken halfway up the utility trench; and the second shall be taken 0.30 of a metre below the finished surface grade. (g) Construct the temporary public oiled and gravelled lane tumabout(s), as shown on the construction drawings. In addition the Developer, at its sole expense, shall maintain all the temporary public oiled and gravelled. lane turnabout(s) until such time as the permanent .1anes(s) are constructed over the temporary public oiled and gravelled lane tumabout{s) or until such other time as determined by the Engineer. RESTRICTNE COVENANTS 61 (a) In laneless subdivisions, where public sidewalks and! or pathways are located within an easement, the Developer shall register a Restrictive Covenant to restrict, to the satisfaction of the Engineer, the construction of fences and/or other structures within the boundaries of the easement to ensure that the right of pedestrian passage is not interfered with on the said public sidewalks and/or pathways. (b) The Developer shall register a Restrictive Covenant which shall prohibit construction of a driveway and vehicle access over a bus loading area (that area being defined as the portion of where the upright curb is located within the bus zone). SIDEW ALKS, CURBS AND GUTTERS CONSTRUCITON 70 The Developer, at no expense to the City except as hereinafter provided, shall construct: (a) All sidewalks, curbs and gutters, concrete pedestrian bus stop aprons, and catch basins and leads, within the Development Area, including all boundary sidewalks, curbs and gutters, and catch basins and leads; and sidewalks, curbs and gutters, and catch basins and leads, abutting on or adjacent to reserve parcels and other lands dedicated to the City for public use, to the width and depth of materials which the Engineer may require to serve the development and adjacent areas. (b) All required driveways over sidewalks, and related work in connection therewith, that is, curbs, gutters and approach aprons, prior to the issuance of the Final Acceptance Certificate: but the Developer shall not be liable for the construction costs of the driveways approved, or constructed, after the issuance Page 20 o 0 of the Construction Completion €ertificate for sidewalks, curbs and gutters. The Engineer shall approve all driveways constructed prior to the issuance of the said Construction Completion Certificate and the Director of Transportation shall approve all driveways to be constructed thereafter (c) The concrete pedestrian bus stop aprons on collector streets at those locations designated by the Director of Transportation on the construction drawings and plans approved by the Engineer BOUNDARY 71. Where roads adjacent to major regional parks (including major athletic parks, municipal golf courses, natural open spaces and water areas) are constructed to a major thoroughfare category, the City shall pay to the Developer the full cost of the sidewalk, curb and gutter, including catch basins and leads, constructed adjacent to the said major regional parks. SCHOOL SITES 72. (a) In the event where a School Board commits, prior to the signing of a Development Agreement, the construction within two (2) years of a school on a particular site within the Development Area, the Developer, at no expense to the City or the School Board, shall install or construct the sidewalks as required by the Engineer on two sides of the school site. If this commitment is not fulfilled by the said School Board within the two (2) year period, the Developer shall be entitled to recover the full cost of these sidewalks from the City at prices in accordance with the Unit Rate Schedule. (b) The Developer, under this Clause, shall have the option to deposit, as required under Clause 168(b) herein, the sum as indicated in Schedule "A" attached hereto, as full settlement of the Developer's share of the cost of constructing the sidewalks, as shown on the construction drawings approved by the Engineer, adjacent to the school site. In the event that the School Board does not fulfil the commitment, as outlined in the preceding Clause 72(a), the City shall refund the full amount of the said deposit to the Developer, with no interest or carrying charges payable by the City FENCING 73. (a) The Developer, at no expense to the City, without benefit of any recovery and to the satisfaction of the Engineer, shall construct a wooden screening fence or a sound attenuation fence, if required, of uniform height and design, within the property line of the double frontage lots, where the said double frontage lots abut a roadway constructed to a major thoroughfare category, or lower standard. (b) Where it is determined by the Engineer that sound attenuation fencing is required to be constructed adjacent to an expressway or freeway, the Developer shall construct the sound attenuation fence to the height and design, as approved by the Engineer, inside the property line of the double frontage lots and on the property line of the road and lane rights-of-way where the double frontage lots and the road and lane rights-of-way abut the expressway or freeway and the Developer shall be entitled to recover a portion of the cost thereof, based on the Page 21 o o cost equivalent of constructing a 1.80 metre high chain link fence, at prices in accordance with the Unit Rate Schedule, when the work has been certified as complete. (c) Where it is determined by the Engineer that sound attenuation fencing is not required to be constructed adjacent to an existing or proposed expressway or freeway, the Developer shall then be required to construct either a wooden screening fence or 1.80 metre high chain link fence, as approved by the Engineer, inside the property line of the double frontage lots where .the double frontage lots abut the existing or proposed expressway or freeway and the Developer shall be entitled to recover a portion of the cost thereof, based on 50% of the cost equivalent of constructing a 1.80 metre high chain link fence, at prices in accordance with the Unit Rate Schedule, when the work has been certified as complete. (d) Where it is determined by the Engineer that only a 1.80 metre high chain link. fence is required to be constructed on the property line of a public road and/ or lane which abuts an expressway or freeway, the Developer shall construct the 1.80 metre high chain link fence and the Developer shall be entitled to recover the full cost thereof at prices in accordance with the Unit Rate Schedule, when the work has been certified as complete. (e) In the event that the Developer chooses and receives approval from the Engineer to construct a screening fence in place of the 1.80 metre high chain link fence required under preceding Clause 73(d), the Developer shall not be entitled to any cost recovery for the construction of the screening fence. (f) The Developer, at no expense to the City, shall register a Restrictive Covenant on all double frontage lots that are adjacent to a primary collector road or a major road which shall advise the owners of the lots that they are responsible for the maintenance and replacement of the fences that are constructed on the portion of the lot where the lot abuts a primary collector road or a major road. LANDSCAPING OF RESERVE PARCELS, PUBLIC UTILITY LOTS AND STREETS AND AVENUES AND UNDERGROUND IRRIGA nON GRADING, LOAMING AND SEEDING 80 The Developer, at no expense to the City except as hereinafter provided, shall. (a) Grade, loam and seed to grass, in conformity with the City Parks & Recreation Department Standard Specifications, Landscape Construction, all sub- neighbourhood parks, linear parks public utility lots, boulevards, medians, traffic islands (five hundred (500) square metres in area and over) and those portions of the neighbourhood community and district parks which are designated as (decorative parks, ornamental parks and tot lots). Grading of these areas must be done to the satisfaction of the Director of Parks & Recreation prior to the placing of the loam. (Boulevards shall mean the area between a separate curb and a separate sidewalk). (b) Ensure a satisfactory "catch of grass" (which shall mean in this Agreement that the grass is well established and in a vigorous growing conditiQn after the first cutting after germination) Page 22 81 (a) o 0 Notwithstanding the proVisions of Clause 80 herein, the Developer shall be required to construct the neighbourhood, community and district parks, including amenities as described in the Parks & Recreation Development Guidelines Standard Specifications. The Developer shall use the Conceptual Site Plan approved at the time of the Outline Plan as a guide to prepare constructions plans. m Community and district parks shall be developed as set out in sub-clause 81 (a) (i) above and the Final Acceptance Certificate for the community and/ or the district park shall be submitted to the City no later than: i) at least one full year prior to occupancy of a school located on the park; when thirty (30) percent of the lots or proJected lots located within the catchment area (deemed to be all lands located within 1.2 kilometres from the property line of the said community and/or district park) have building permits released and the community has made a formal written request to the Director of Parks & Recreation to develop the said park; the City requires the said community and/or district parks for municipal purposes; or September 01 in the year in which the community and/or district parks are constructed. ill) Neighbourhood and sub-neighbourhood parks are to be completed to the satisfaction of the Director of Parks & Recreation once fifty (50) percent of the lots adjacent to the said parks have building permits released. (b) The Developer shall ensure that any fill material placed on reserve parcels is placed in a workmanlike manner, including the removal of loam prior to the placement of the fill material and that all fill materials and the compaction of all fill materials placed in those areas that can be identified as potential building sites by the Sites Planning Team. (c) The Developer shall be entitled to cost recovery of the minimum landscape development activities as defined in the Parks & Recreation Development Guidelines Standard Specifications for the community and district parks, including amenities, at prices in the Unit Rate Schedule when the work has been certified as complete. 82. The Developer, at no expense to the City and to the satisfaction of the Director of Parks & Recreation, shall ensure that prior to the Construction Completion Certificate Stage all reserve parcels, public utility lots, boulevards, traffic islands and medians, are maintained in a "weed free" condition. UNDERGROUND IRRIGATION AND POWER SUPPLY 83 The Developer, at no expense to the City, shall install water service and underground irrigation in all sub-neighbourhood parks, linear parks and only those portions of the neighbourhood, community and district parks which are designated in accordance with the City of Calgary Parks & Recreation Department Standard Specifications, Landscape Construction. Page 23 o o In addition, the Developer, at no expense to the City, shall provide a 110 volt, 30 ampere power supply for all sub-neighbourhood parks, linear parks, neighbourhood parks and community and district parks to within fifteen (15) metres of the parks water service in accordance with the Provincial Electrical Code and the Calgary Parks & Recreation Department Standard Specifications Landscape Construction. In the case of the sub-neighbourhood parks and linear parks, other types of power supply may be used subject to the approval of the Director of Parks & Recreation. OVTIONALSUBDNffiIONAMENITrn5 84 In addition to the requirements of Clauses 80 to 83 inclusive the Developer, at its option, may construct or install optional subdivision amenities in reserve parcels and streets and avenues rights-of-way located within the Development Area, at the locations, to the specifications and subject to any conditions approved by the City ENVIRONMENTAL RESERVES (protection and fencing) The Developer, at no expense to the City, and prior to the approval for stripping and rough grading of the Development Area, shall erect a temporary fence on the property lines of all environmental reserves within, or adjacent to the boundaries of the Development Area, and the Developer shall continuously maintain the said temporary fence until the final grading and landscaping of the adjacent land is completed, at which time the fence shall be removed by the Developer Temporary fencing shall also be erected in the working easement of a utility easement in a environmental reserve when the work is being undertaken in a utility easement. In addition, the Developer, at no expense to the City, shall grade, loam and seed, as required, under Clause 80 herein, and restore to the satisfaction of the Director of Parks & Recreation, the portions of the environmental reserve that may be disturbed as a result of this development. (b) The Developer shall ensure that the proposed grades of the adjacent lands are compatible with the existing grades of the environmental reserve. 85 (a) (c) The Developer shall institute erosion control measures, satisfactory to the Engineer, to protect environmental reserves taking into account the surrounding topography (d) The Developer shall ensure that all environmental reserves are kept clean of construction debris on an ongoing basis. (e) Where the Developer, at no expense to the Oty, desires to construct a permanent fence adjacent to reserve parcels, the Developer shall ensure that the fence is constructed to a standard satisfactory to the Director of Parks & Recreation within the property line of the lots adjacent to the said reserve parcels. LOAM STOCKPILING 86. (a) The Developer, upon written approval of the Director of Parks & Recreation, may stockpile loam which has been removed from land within or adjacent to the Development Area on to a reserve parcel or, upon written approval of the Engineer, on to land owned by the Developer within the Development Area in the location, amount and manner as set out in the approval by the Director of Parks Page 24 & RecreaQ or the Engineer, as the case may be.?additiOn to any conditions or obligations imposed by the Director of Parks & Recreation or the Engineer, as the case may be, the Developer, at no expense to the City, shall erect signs around the said lands to indicate that the dumping and/ or the storing of other materials is prohibited. (b) Subject to sub-clause 86(d) below, a loam stockpile located on a reserve parcel within the Development Area may remain on the said land for a minimum of two (2) years from the date of the signing of this Agreement or as defined in Gause 81 (a) herein and, after that period of time, may be permitted by the City to remain on the said land until the City desires the said land or portions thereof for municipal purposes, as determined in the sole opinion of the Director of Parks & Recreation.. When the above conditions has occurred, the Director of Parks & Recreation shall notify the Developer in writing of the termination of the Developer's right to stockpile loam on the said land. The Developer shall, at his expense, remove such loam stockpile within six (6) months from the date of receipt of such written notice from the Director of Parks & Recreation. (c) Subject to sub-clause 86(d) below, a loam stockpile located on land owned by the Developer within the Development Area may remain on the said land for a minimum of three (3) years from the date of the signing of this Agreement and, after that period of time, may be permitted to remain on the said land until the Engineer, at his sole discretion, notifies the Developer in writing of the termination of the Developer's right to maintain the loam stoqcpile on the said land. The Developer shall, at his expense, remove such loam stockpile within six (6) months from the date of receipt of such written notice from the Engineer (d) In the event that the Director of Parks & Recreation or the Engineer, as the case may be, determines, in his sole opinion, that any such loam stockpile is not being operated or maintained in compliance with the terms or conditions of the written approval given by him relating to such loam stockpile, or in compliance with the terms or conditions of this Agreement, the Director of Parks & Recreation or the Engineer, as the case may be, may notify the Developer to take such remedial action as may, in the sole discretion of the Director of Parks & Recreation or the Engineer, be deemed necessary to remedy or correct such non-compliance within such period of time as may, in the sole discretion of the Director of Parks & Recreation or the Engineer, be deemed appropriate. Upon the failure, neglect or refusal of the Developer to comply with any such notice given, or in the event that a hazardous condition exists requiring immediate action (in which case no notice to the Developer shall be required to be given), the City may, but shall not be obliged to perform or cause to be performed any remedial, corrective or immediate action deemed necessary in the sole opinion of the Director of Parks & Recreation or the Engineer including, without limiting the generality of the foregoing, removal of the loam stockpile, all at the expense of the Developer and without any further notice or, in the case of a hazardous condition requiring immediate action, any notice to the Developer (e) In the event that the City removes any loam stockpile pursuant to the terms of this Agreement, but the Developer hereby agrees that the City shall have the right but not the obligation to store or to market and sell the loam or any portions thereof, in any manner and at any pnce or prices as may be determined in the sole discretion of the Director of Parks & Recreation or the Engineer, as the case Page 25 o o may be, and shall be entitled to recover any and all costs and expenses as may be incurred by the City in the removal, storage, management, maintenance, marketing or sale of such loam, and any and all other costs and expenses as may, from time to time, be outstanding from the Developer in respect of the obligations of the Developer under this Agreement. Such proceeds as may be obtained in excess of the aforementioned costs and expenses shall be credited to the account of the Developer (f) The Developer shall indemnify and save harmless the City from any and all claims, actions, demands, causes of actions, suits, costs and expenses which may be brought against or incurred by the City or its employees by any person or persons for injury, loss or damage whether personal or to property arising directly or indirectly out of the creation, removal, maintenance or existence of any loam stockpile, or the Developer's operations, acts or omissions relating thereto. (g) The Developer shall, in accordance with the Municipal Government Act, SA 1994 cM-26.1, Part 17 and the City of Calgary Land Use By-Law 2P80, submit and obtain approval of a Development Permit application in respect of any stripping of loam operations, intended to be performed, or any loam stockpile intended to be located on any land outside of the Development Area prior to commencing any operations relating to such stripping or loam stockpile. URBAN FOREST MANAGEMENT (TREE PLANTING) 87 The Developer, at no expense to the City, shall plant the trees, in conformity with the City of Calgary, Parks & Recreation Department Standard Specifications, Landscape Construction and the Tree Planting Guidelines, in the Development Area, in accordance with the Urban Forest Management Policy using the one tree per two lot formula and giving first priority to the planting of trees on Public Lands. Page 26 o ... 0 STREET LIGHTING, W ALKW A Y LIGHTING AND ELECTRIC POWER STREET LIGHTING PROCEDURE 90 Prior to any street lighting, walkway or reserve pathway lighting being installed in the Development Area, the Developer shall make all necessary arrangements with the City of Calgary Electric System (hereinafter called the "Electric System") Roadway Lighting Section in accordance with the following sub-clauses: (a) The Developer shall submit to the Electric System, Roadway Lighting Section, copies of the approved tentative plan of subdivision, sidewalk and water cover sheets and building grade plan. In no case shall these plans be submitted less than six (6) weeks prior to the start of construction of the electrical distribution or street lighting systems. The Electric System shall then provide the Developer with a plan showing the proposed street lighting system and estimated cost. (b) At least four (4) weeks prior to the completion of eight-five (85) percent of the sidewalks and curbs and gutters, the Developer shall notify the Roadway Lighting Section. (c) The Developer shall survey and stake the location of the street lights on residential and collector roads only, according to the approved drawing from the Electric System. (d) The Developer shall ensufe that the grade along the sidewalk route is within one hundred and fifty (150) mm of final grade and the Developer will endeavour to maintain the grade for landscaping purposes after the installation of the Street Lighting poles to ensure that the landscaping does not cover the top of the concrete base Of contact the metal pole base. (e) By mutual agreement, under certain soil conditions, the Electric System at no expense to the Developer, may request that the wire be placed in polyethylene pipe under the sidewalk. (f) At least ninety (90) days before the construction of any major roadways, the Developer shall notify the Electric System in writing in order that the street lighting and traffic signals can be designed and the installation thereof scheduled. INSTALLATION AND OPERATION 90 (g) The Electric System shall endeavour to erect the street light units, as soon as practicable, following the completion of eight-five (85) percent of the sidewalks, curbs and gutters. FROZEN GROUND CONDmONS 90 (h) Once frozen ground conditions are encountered in any construction season, the installation of all underground street light conductors shall cease, except in the event that the Developer is prepared to pay for or provide a trench which meets the standard for a soil condition feasonably consistent with summer conditions. (i) If the Developer requires the street lighting system prior to the following spring Page 27 o o the developer shall either i) Pay the additional charges for installation of the underground conductor or ti) Pay for the cost of installation and removal of a temporary overhead system. RELOCA nON OF STREET LIGHT POLES 90 (j) PAYMENTS 90 (k) The Developer shall be responsible to pay the cost of the relocation of street light poles if the lots were re-subdivided by the Developer before construction of houses. Such cost shall be determined by the Electric System. The Developer shall pay to the Electric System a deposit of twenty-five (25) percent of the total estimated cost of the street lighting, walkway and reserve pathway lighting quoted to the Developer prior to the commencement of installation. The estimated costs for the installation shall be computed using the Unit Rate Schedule or as otherwise agreed upon between the Developer and the Electric System. The remainder of the estimated cost shall be invoiced at the substantial completion of the job with any additional charges included in this billing. In the event that eighty-five (85) percent of the construction of the sidewalks, curbs and gutters required under this Agreement has not been completed by 1997 August 31, or if no other arrangements are mutually agreed to between the Developer and the Electric System, the Developer shall be required to pay the City any remaining balance owing at that date. NON-STANDARD STREET LIGHTING i I 90 m Where non-standard street lighting is requested by the Developer, the Developer shall select the lighting style from the Electric System's approved list of non- standard street lighting types. The costs for the non standard street lighting include construction and material costs as well as incremental costs of energy and maintenance calculated over a fifteen (15) year period. The cost estimate, construction and the payment for the non-standard street lighting system shall be made in the same manner as set out in the clauses for the standard street lighting. W ALKW A Y AND RESERVE P ATHW A Y LIGHTING INSTALLATION, COSTS AND PAYMENTS 91. Page 28 a) The Developer shall arrange with the Electric System to install lighting considered to be adequate by the Electric System for all registered walkways and for paved pathways located on reserve parcels which form part of the pedestrian element of the City's overall transportation network ("reserve pathways") located within the Development Area. The Developer shall provide to the Electric System confirmation of the location of such reserve pathways from the City Transportation Department. The amount payable shall be in accordance with Clause 90(k). (b) The Developer shall survey and stake the location of the walkway and walkway lights according to the approved plans from the Electric System. o ELECTRIC POWER 0 ELECTRICAL DISTRIBUTION SYSTEM 92. (a) An underground electrical system shall be mandatory, except as otherwise authorized by the approving authorities. It may be either a modified underground system (Le., main feeder overhead) or a total underground system at the Developer's option. Servicing shall be from the front street or lane only The design shall be that which is considered by the Electric System to be the most economical. Before any electrical distribution installations are made in the Development Area, including reserve pathways, street lighting or walkway lighting, the Developer shall make all necessary arrangements with the Electric System as outlined in the conditions below, and pay any necessary deposits indicated in the Unit Rate Schedule or as otherwise agreed upon between the Developer and the Electric System. PROCEDURES The following conditions shall apply to the electrical distribution system. i) Not later than January 15th 'of each year the Developer shall submit to the Electric System a preliminary proposal of its proposed developments during the year in order that the Electric System may order items requiring a long period for delivery ii) The Developer shall submit to the Electric System copies of the approved tentative plan of subdivision (on a computer disk in Autocad format) and reverse mylar base plans, in accordance with the Design Flow Chart approved by the Urban Development Institute (Calgary Chapter) The Electric System shall then provide the Developer with a plan showing the proposed electrical distribution system, an estimated cost and a tentative construction date for the Electrical System. ill) At least two (2) weeks prior to the tentative construction date, the Developer shall provide the Electric System with all the plans which may affect the installation of the Electrical System. CONDmONS OF STANDARD RATES FOR DETACHED AND SEMI-DET AOiED DWELLING UNITS 92. (b) 92. (c) The standard rate for detached and semi-detached dwelling units has been computed as the cost of any underground system, exclusive of the main feeder, less the Electric System Standard Investment. Such standard rate is subject to the following conditions: i) The average lot width shall be twenty three (23) metres or less.¾ ii) An average of at least seven (7) lots shall be serviced from each new transformer installed. Page 29 o o ill) Transformers which were installed previously to serve earlier portions of a subdivision shall be used where possible. iv) The distance from the nearest primary supply point to the first transformer divided by the number of lots shall be less than OT equal to twelve (12) metres per lot. v) Only 100 Amp and 200 Amp services are provided. vi) Any portion of a subdivision involving reallotting of previously serviced lots is excluded. vii) There shall be at least fifteen (15) lots in any one-Development Area. viii) Where development is otheT than detached or semi-detached dwelling units, or where the foregoing conditions for detached or semi-detached dwelling units are not met, the cost to the Developer shall be the actual cost of construction subject to the utility contribution as outlined in Oause 95 herein. S~SREQUllUNGTHREEPHASEPO~R 92. (d) Commercial Development, Apartment, Multi-family residence and School Sites which require three phase power may not necessarily be serviced by the most economical routing of the three phase feeder Where the three phase feeder is not immediately adjacent to these sites, three phase service shall be provided to these sites at an additional cost to the Developer at the time of the initial servicing of the Subdivision. UTILITY RIGHTS-OF-WAY I I 92. (e) The Developer shall grade the Electric Utility right-of-way to a minimum width of three (3) metres and to within one hundred and fifty (150) rom of final grade as shown on the Utility Grade Plan of the Subdivision. As soon as grading is completed, the Developer shall notify the Electric System. Original approved grades shall be maintained by the Developer until the electrical installations are completed. EASEMENTS 92. Where it is necessary to use easements for electrical distribution the Developer shall, in addition to the easement, register a Restrictive Covenant against each affected lot in the Subdivision restricting the owner from changing grades as shown on the approved grade plan. SEQUENCE OF INST ALLA TION (f) 92. (g) The sequence in which electrical installation shall be made, in Telation to otheT utilities and improvements is as follows: i) Sewer ii) Water Page 30 o 0 Electnc System and Alberta Government Telephones (herein called A.G.T) installations and television cable companies (herein called "C.T V:') installations (joint construction only) iv) Canadian Western Natural Gas Co Ltd (herein called C.W.N.G) installations. ill) v) A.G.T and/or C.T V installations in the event that such installations are not installed at the same time as the electrical installations are made. (h) i) In the event that sidewalks, curbs and gutters and/or the concrete drainage gutters are poured or extruded prior to completion of the electrical installation, a section of the sidewalk,. curb and gutter and/or concrete drainage gutters shall be omitted at each electrical crossing until the electrical installation is complete. ii) In the event that the roads are paved and/or the concrete drainage gutters are constructed prior to the installation of the electric system, the Developer shall be responsible for the extra costs of the asphalt or concrete repair arising from placing the electric system underneath the paved roads and/or the concrete drainage gutters, except where, subject to the other terms and conditions of this Agreement, the Developer can show that the Electric System was the sole cause of such delay. 92. PRE-INSTALLED ROAD CROSSING DUCTS (i) The Developer, may at his option, install road crossing ducts for the use of the Electric System, A.G.T, and/or C.T V. in advance of the usual construction period for these facilities. If the Developer chooses to do so, then the following conditions must be met: i) Duct requirements must be obtained from the Electric System and/ or A.G.T and/or C.T V before any ducts are installed. ii) The ducts must be installed in accordance with the current City specification for Pre-installed Road Crossing Ducts. CONSTRUCTION DELAYS 92. (j) Any cost incurred by the Electric System caused by the Developer due to a change in the Subdivision Plan or the established grades after the electrical distribution system design has been approved by the Developer, or delays caused by obstructions in the utility rights-of-way caused by the Developer shall be an additional charge to the Developer. 92. FROZEN GROUND CONDmONS (k) Once frozen ground conditions are encountered in any construction season the installation of all underground electrical distribution systems shall cease, except in the event that the Developer is prepared to pay for or provide a trench which meets the standard for a soil condition reasonably consistent with summer conditions. Page 31 o o (1) If the Developer requires power prior to the following Spring it shall either: i) Pay the additional charges for the installation of the underground system, or ii) Pay for the cost of installation and removal of a temporary overhead system. COMPACTION 92. (m) There is no provision in the rate for compaction, with the exception of road and sidewalk crossings which are constructed to City Compaction standard. The Electric System will provide compaction at an additional cost to the Developer MODIFIED UNDERGROUND SYSTEM 93 The following conditions shall apply only to a modified underground system. (a) The Developer shall provide a lane, walkway, or electrical easement for the main overhead feeder suitable for twenty four (24) hour driveable vehicular access. Routing and physical design of the right-of-way shall conform to the design agreed to at the outline plan stage and be mutually satisfactory to both the Developer and the Electric System. (b) When the Subdivision plan requires the use of an anchor for the overhead pole system not adjacent to a lot line, an underground span shall be installed instead of the overhead span and in such event the Developer shall pay the difference in cost between the underground span and the overhead span. The Developer shall be notified of this requirement, if any, at the time of circulation of the tentative plan and shall be given the opportunity to revise the plan of the Subdivision so as to avoid, if possible, the installation of such underground span. (c) Where within any portion of the Subdivision the use of side yard easements or front street main feeder is in the opinion of the Electric System required due to the subdivision design, the main feeder shall be placed underground with the Developer paying the difference in cost between the underground feeder and the overhead feeder, provided however, that the Electric System and the Developer will attempt to ensure that the Subdivision can accommodate the overhead main feeder. 94. TOTAL UNDERGROUND SYSTEM (a) Where the main feeder is placed underground at the request of the Developer, the Developer shall pay the actual cost of the underground feeder less -the Electric System allowance for an overhead feeder CONDITIONS FOR NON-STANDARD R-l AND FEE SIMPLE ROW HOUSING 95 (a) The cost to the Developer shall be the actual cost of construction less the Electric System's investments. In the event the cost to the Developer exceeds the estimated. cost, the additional cost shall be shared between the Developer and the Electric System, except as provided under Clauses 92(k) and 92(1) herein (Frozen Ground Conditions). Page 32 (b) The serviQ a fee-simple rowhousmg dwelling 9t shall consist of a separate secondary crossing only the land associated with that dwelling unit. 96 PAYMENTS The Developer shall pay to the Electric System a deposit of 25% of the total estimated cost of the electrical distribution system quoted to the Developer prior to the commencement of construction. The first progress billing will occur when costs reach 50% of the total estimated cost, with the 25% deposit credited to this invoice. Further progress billings shall occur at 75% of the total estimated cost and at the completion of the job with any additional charges included in the final billing. EASEMENTS 100 The Developer covenants with the City that it shall grant to the City, C.W.N G., C.T V , and A.G T, such easements as are necessary, and are required at the outline plan and tentative plan stages, for the supply of their respective utilities to the Development Area or any part thereof, and further covenants that it will execute and deliver registerable easements to the City and allow the City ten (10) days after such delivery in which to effect registration. In the event that the Developer is not the owner of lots requiring easements prior to providing the City with registerable easements, the Developer covenants to obtain same from any subsequent owner of lots requiring easements prior to the Completion Date of this Agreement, or the issuance of the last Final Acceptance Certificate whichever is the earlier. LAND PURCHASE 101 (a) Land Purchase Option Agreement Concurrent with this Agreement, the Developer shall grant the City an "Option to Purchase" (in the form and conditions contained. in the City's Land Purchase Option Agreement), or at the request of the City enter into an "Agreement for Sale" with the City for the acquisition of the land(s) the City may require for expressways, freeways, interchanges or regional parks, which optioned or purchased. lands are outlined in green on Schedule "D" attached. hereto. It is hereby acknowledged that the Developer and the City have entered into a Land Purchase Option/Agreement for Sale, the date of which is indicated in Schedule "A" attached hereto. (b) Land Purchase (L.RT Purposes) Concurrent with this Agreement the City has identified requirements for the Light Rail Transit System, including right of way and station requirements which the Developer agrees to sell and the City agrees to purchase subject to the approval of City Council, which lands are shown outlined. in red on Schedule "D" The value of the L.R T lands to be purchased by the City shall be determined at the date of the applicable outline plan of subdivision approval, such value not to exceed. the current market value of the land to be acquired. It is hereby acknowledged that the Developer and the Oty have entered into an Page 33 o o "Agreement for Sale", the date of which is indicated in Schedule "A" attached hereto. (c) Land Purchase (Munidpal Purposes) Where land is required by the City for municipal purposes, (Municipal Lands), and is identified at the outline plan stage, other than those specified in Sub- Clauses (a), (b) and (d) or where the City has required the provision of, or agreed in writing to the Developer, providing lands for public roadways and public utilities in excess of the amount specified by the applicable legislation and regulations for deduction ("over-dedicated lands") the value at which the municipal lands and over-dedicated lands shall be purchased by the City shall be determined at the date of the applicable outline plan. of sttbdivision approval, such value not to exceed the rurrent market value of the land to be acquired. (d) Land Purchase (Reserve Purposes) Where land is required by the City as reserve but exceeds the requirements specified by the applicable legislation and regulations for dedicated reserve, then such excess reserve lands shall be sold and purchased at a price per hectare equal to that which would have been determined for the dedicated reserves had the Developer been obligated to pay cash-in-lieu of reserves therefore in conjunction with the subdivision application containing such dedicated and excess reserves that is, in accordance with the provisions of Section 99(i) of The Planning Act, 1980, as amended. PERFORMANCE SECURITY LEITER OF CREDIT OR OTHER SECURITY i 110.' The Developer shall provide the City with an irrevocable letter of credit, performance bond, or other form of security, satisfactory to the City, in the amount of two thousand and five hundred dollars ($2,500 00) for every lot that is not a multi-family or commercial lot and twelve thousand five hundred dollars ($12,500.00) for each and every hectare or part thereof for each lot that is a multi-family or commercial lot contained in the Development Area and such irrevocable letter of credit, performance bond of other security, shall be in a form and with a Canadian chartered bank or bonding company approved by the City Solicitor, and shall secure the performance of this Agreement, or any alterations or extensions thereof, including but not limited to the Developer's obligations to remove any loam which is stockpiled whether inside or outside of the Development Area and to rehabilitate the loam stockpile site to the satisfaction of the Director of Parks & Recreation, the Engineer or the Development Officer of the City, as the case may be. The minimum amount of irrevocable letter of credit, performance bond or other security, required under this Clause, shall be one hundred thousand dollars ($100,000.00) 111. The amount of the security provided, may be reduced, upon the Developer's request, when all the Construction Completion Certificates for the sanitary sewers, storm sewers, water mains and hydrants, sewer and water service connections, paved roads and walkways and sidewalks, curbs and gutters and catch basins have been issued. The amount to which the performance security may be reduced shall be such amount as Page 34 is determined by Q Engineer, in his sole opinion, to bQficient to complete all the Developer's remaining obligations under this Agreement including, without limiting the generality of the foregoing. (a) the control or abatement of all nuisances, storm water run-off, sedimentation, erosion and dust; (b) maintenance and removal of any loam stockpile created from loam removed from the Development Area whether located inside or outside of the Development Area, (c) rehabilitation of the loam stockpile site. 112. The irrevocable letter of credit, performance bond or other security shall not be released by the City until all of the Final Acceptance Certificates have been issued and all other requirements under this Agreement have been met by the Developer (excepting only the requirements secured by an irrevocable letter of credit, performance bond or other security provided by the Developer pursuant to Clauses 113 and 114) 113. In addition to the security referred to in Clauses 110 to 112, inclusive, the Developer, may either extend the said security if said security is acceptable to the City or shall provide the City with a new irrevocable letter of credit, performance bond or other form of security satisfactory to the City, to secure the performance of the Developer's obligations to remove the loam which was stripped from the Development Area and is stockpiled, whether inside or outside of the Development Area and to rehabilitate the loam stockpile site to the satisfaction of the Director of Parks & Recreation, the Engineer or the Development Officer of the City, as the case may be. Such irrevocable letter of credit, performance bond or other form of security, shall be in an amount, which shall not exceed the original security amount under Clause 110 for this Agreement. The City at its option may hold this security in addition to other securities held by the City from other development areas which have stockpiled loam on the said loam stockpile site. The total amount of securities held by the City pursuant to this Clause shall not exceed the amount which is in the sole opinion of the Engineer to be the estimated cost of removing the loam stockpile and rehabilitating the said loam stockpile site. The irrevocable letter of credit, performance bond or other security shall be in a form and with a Canadian Chartered Bank or bonding company approved by the City Solicitor The irrevocable letter of credit, performance bond Dr other security required under this Clause shall not be released until the loam stockpile is removed and the said loam stockpile site has been rehabilitated to the satisfaction of the Director of Parks & Recreation, the Engineer or the Development Officer of the City, as the case may be, or unless the City has sufficient security, in the opinion of the Engineer, from other development areas in the subdivision to remove the loam stockpile and rehabilitate the said loam stockpile site. 114. In addition to the security referred to in Oauses 110 to 113, inclusive, the Developer shall provide the City with an irrevocable letter of credit, performance bond or other form of security satisfactory to the City, to secure the performance of the Developer's obligations to maintain final top lift asphalt. Such irrevocable letter of credit, performance bond or other form of security, shall be in an amount which is in the sole opinion of the Engineer equal to the estimated cost of removing and replacing all of the final top lift asphalt, referred above, based on the Unit Rate Schedule in effect at the time the final top lift asphalt is placed. The irrevocable letter of credit, performance bond or other security shall be in a form and with a Canadian Chartered Bank or bonding company approved by the City Solicitor The irrevocable letter of credit, performance bond or other security required under this Clause shall not be released until Page 35 o o a Final Acceptance Certificate has been issued in respect of the final top lift asphalt referred to above. 115 In addition to the security referred to in Clauses 110 to 114 herein, inclusive, the Developer, prior to the acknowledgement by the City of the Final Acceptance Certificate for Sidewalks, Curbs and Gutters as required under Clause 157 herein and where less than 75% of the building permits have been issued within the Development Area, shall provide the City with a Security Deposit, in the form of an irrevocable letter of credit, perfpnnance bond or other form of security satisfactory to the City, to cover the cost of repairing builder damage to the sidewalks, curbs and gutters adjacent to the vacant lots. The amount of such Security Deposit shall be two hundred and fifty dollars ($250) per vacant lot . The maximum amount of the Security Deposit required under this Gause, shall be fifteen thousand dollars ($15,000). The Security Deposit required under this Clause, shall not be released by the City until. the Developer has completed the repairs to the sidewalks, curbs and gutters damaged by builders adjacent to the vacant lots; or the City has completed the repairs to the sidewalks, curbs and gutters damaged by the builders adjacent to the vacant lots and has deducted the cost of the repairs from the Security Deposit; and greater than 80% of the building permits have been issued within the Development Area. 116 The Developer, at the request of the City, shall provide to the City prior to fifteen (15) days of the expiration date of the Developer's performance security under this Agreement, a renewal or amendment to the performance security extending the term of the performance security for a time period specified by the City. In the event that the Developer fails to provide the required renewal or amendment to the performance security prior to fifteen (15) days from the expiry date of the performance security, the City shall, without further notice to the Developer and at its sole discretion, have the right to cash in the performance security INSURANCE 117. (1) The Developer, during the term of this Agreement and at its own expense, shall provide and maintain in full force and effect with insurers allowed by the laws of the Province of Alberta to issue insurance policies in Alberta and in form and content satisfactory to the City Solicitor the following insurance policies covering the Developer's obligations set out in the Agreement (a) a comprehensive general liability insurance policy for bodily injury (including death) and property damage in an amount of not less that Two Million Dollars ($2,000,000.00) inclusive limit for anyone occurrence and shall include: i) the City as an Additional Named Insured Uf a third party is providing the insurance then the Developer must also be shown as Page 36 o an Additional Narned Insured.); 0 m the cross liability clause; ill) products and completed operations coverage; iv) a broad form of a contractual liability clause; v) non-owned automobile liability extension and, vi) a operation of attached machinery clause. (b) an automobile third party liability insurance policy (owner's form) for bodily injury (including death) and property damage in an amount of not less than Two Million Dollars ($2,000,000.00) inclusive limit covering all vehicles used in the performance of this Agreement and such insurance shall include the passenger liability extension. (2) The insurance polides mentioned in Gause 117(1) hereof shall include proVision for the City to be given thirty (30) days written notice prior to cancellation or material change of said policies of insurance. The Developer shall immediately advise the City should said policies of insurance lapse or otherwise be discontinued. (3) The Developer shall provide certified copies of those insurance policies and a Certificate of Insurance indicating compliance with Clause 117(1) and Clause 117(2) hereof to the City Solicitor at inception of this Agreement and during the life of this Agreement and at the request of the City Solicitor shall furnish documentary evidence satisfactory to the City Solidtor of the renewal or continuance of such insurances. (4) Notwithstanding, Clause 117(3) hereof, the City shall have the right to demand at any time and the Developer shall be obligated to provide proof of insurance when so requested by the City Solicitor and in a form satisfactory to the City Solicitor (5) In the event of the Developer failing to provide the City any of the documents mentioned in Clause 117(3) hereof, or otherwise failing to prove to the City the existence of any required insurance, the City may, at its option, purchase on behalf and at the expense of the Developer the required insurance coverage. (6) N()thing contained in this Clause or in any policy of insurance required or provided under this Agreement shall in any way whatsoever limit the liability of the Developer under this Agreement or otherwise howsoever. INDEMNITY CLAUSES 120. The Developer, from the commencement of any activity, which shall, notwithstanding the generality of the above, be deemed to include activities of work or construction identified under this Agreement, whether or not commenced prior to the execution of this Agreement by The City of Calgary and whether or not the activity is along the boundaries of, within, or outside of the actual Development Area, shall indemnify and save harmless the City, from any and all losses, claims, damages, demands, actions, causes of actions, suits or costs which may be brought against or incurred by the City, its agents or employees, by any person or persons by reason of any act or omission of the Developer during the period from the commencement of any activity identified under this Agreement until the date named in the last Final Acceptance Certificate issued in respect of such activity 121. The City shall be entitled to file and maintain caveats evidencing the City's interest under this Agreement against each and every lot within the Development Area. These Page 37 o o caveats shall remain in full force and effect until the last Final Acceptance Certificate has been issued and the Gty accepts the subdivision. RECOVERY OF COSTS, BOUNDARY ROADS, LANES AND SCHOOL LANDS GENERAL 130 When the Developer is required to install underground utilities and surface improvements in boundary roads or lanes, it is agreed that: (a) If development of the adjoining property to such boundary roads and/or lanes takes place within two (2) years from the date of the issuance of each Construction Completion Certificate, the Developer shall be entitled to recover a portion of the costs (exclusive of oversize) from such owner of adjoining property for the sanitary sewers, storm sewers, water mains and hydrants, sidewalks, curbs and gutters, catch basins and leads, paved roads and paved or gravelled lanes that are installed, and/ or constructed in the boundary roads and lanes as outlined in Clause 132 herein. The amount of the recovery by the Developer shall be computed using the Unit Rates attached as Schedule "C" hereto or using the Unit Rates in effect at the time of the recovery, whichever is the lesser (b) If no development of the adjoining property takes place within two (2) calendar years from the date of the issuance of each Construction Completion Certificate, the City shall pay to the Developer a portion of the costs, exclusive of oversize, of the sidewalks, curbs and gutters, catch basins and leads, paved roads and paved and/or gravelled lanes constructed in the boundary roads and lanes outlined in Clause 132 herein. The amount of the payment to be made by the City to the Developer shall be computed using the Unit Rates attached as Schedule "c" hereto or using the Unit Rates in effect two (2) years from the year of this Agreement, whichever is the lesser (c) The City shall pay a portion of the costs, exclusive of oversize, of all sanitary sewers and water mains installed in the boundary roads and lanes outlined in Clause 132 herein at prices in accordance with the Unit Rate Schedule in the following cases: i) Where the sanitary sewers and water mains are located in a boundary lane, and they will be utilized with the development of the adjoining property. ii) Where the sanitary sewers and water mains are located in a boundary street and they will be utilized with the development of the adjoining property. (d) It is understood that any developer of the adjoining property, by way of subsequent Development Agreements, shall be required to repay to the City the actual cost of the boundary payments made by the City whether the underground utilities or surface improvements are used or not. In the event that the actual cost to the Gty exceeds the current unit rates in effect at the time the adjacent land is developed, the current unit rates will be used to Page 38 calculate thQst recovery payable to the City 0 In the event that payment of the boundary costs is delayed by the City beyond the two (2) year period, the amount of the payment to be made by the City to the Developer shall be computed using the Unit Rates attached as Schedule "C" hereto or using the Unit Rates in effect at the time the payment is made by the Oty, whichever is the lesser. In the event that invoicing of the boundary costs is delayed by the Developer, the amount of the payment to be made by the City to the Developer shall be computed using the Unit Rates attached as Schedule "C" hereto or using the Unit Rates in effect two (2) years from the year of this Agreement, whichever is the lesser (e) The Developer shall not be entitled to a boundary payment from the City in those cases where the underground utilities are installed adjacent to undevelopable land, parks, reserve parcels, service roads, or major roads. 131 ENDEAVOURS TO ASSIST IN COST RECOVERY (a) The City shall endeavour to assist in the recovery of a portion of the costs of any sanitary sewer, storm sewer, water main and hydrant installations in the boundary roads and lanes, and extensions of these utilities to and from adjacent areas, for which the City did not make a payment under Clause 130(c) herein, from the developer of the adjoining property prior to the execution of the Development Agreement for the said adjoining property, provided that such underground utility will be utilized by the Developer of the adjoining property The boundary cost payable by the developer of the adjoining property will be calculated using the prices in accordance with the Unit Rates attached as Schedule "C" hereto or using the Unit Rates in effect at the time of the recovery, whichever is the lesser (b) Notwithstanding anything to the contrary contained within this Agreement, the Developer shall only be entitled to recover the endeavours to assist payable herein within twenty (20) years from the date of this Agreement and the Developer thereafter shall make no demand or file any action or claim against the City or any other developer for the payment thereof. (c) It is understood and agreed between the parties hereto, that in the event the Oty is requested to mediate a dispute between the Developer and other developer(s) with respect to endeavours to assist or boundary cost recoveries herein, the City shall be entitled to recover from the disputing parties, the direct costs incurred by the City to resolve the dispute, for which the disputing parties shall be jointly and severally liable. The Engineer's decision, acting reasonably, with respect to mediating a dispute between the Developer and other developer(s) with respect to endeavours to assist or boundary cost recoveries herein, shall be final and binding between the disputing parties. Page 39 o o BOUNDARY ROADS AND LANES 132. Boundary Roads and Lanes referred to in Clauses BO(a), (b) and (c) herein are as indicated in Schedule "A" attached hereto. SCHOOL SITES DEVELOPER'S OBUGA nONS 133. (a) The Developer, provided that the School Boards are able to indicate their servicing requirements prior to the approval of the preliminary construction drawings and plans, shall: i) Provide underground utilities, at no cost to the City or the School Boards, in the City Standard Line Assignment in a street or lane immediately adjoining the school site. ii) Provide sanitary sewer, storm sewer and water service connections from the mains in the adjacent street or lane to the property line of the school site, and the Developer shall be entitled to recover the full cost thereof from the School Board at the Developer's tendered contract prices when the work has been certified as complete. H the School Boards are not able to indicate their servicing requirements, prior to the approval of the preliminary construction drawings and plans, the School Boards, in addition to the cost of the service connections, shall pay the full cost of all the sanitary sewer, storm sewer and water main extensions that may be required to service the school site. For the purposes of this Agreement, a school site shall be considered to be the area set aside for each type of school, such as Elementary, Junior High, Senior High and munidpal school reserve (possibly future school site). PROCEDURES FOR PAYMENT (b) After the work referred to in Clause 133(a) herein has been certified as complete, the Developer shall submit calculations to the Engineer for approval for the costs of the service connections and the main extensions referred to above and the Developer after the approval of the cost calculations may submit an invoice to the School Board concerned for repayment. CONSTRUCTION COMPLETION CERTIFICATES DEFINITION OF CONSTRUCTION COMPLETION 140 A utility or improvement shall be considered "complete" or "completed" when all written instructions or directions given to the Developer by the Engineer for the said utility or improvement (hereinafter called a "Field Order") have been resolved to the satisfaction of the Engineer and the following conditions have been met: (a) SANITARY SEWERS - All proper size pipes are laid to approved grades, and all manholes are completed with properly formed inverts, and are free from obstructions and foreign matter such as rocks, silt, and gravel, and are Page 40 n 0 undarnaged:--The manhole rims and covers shall De finished to the approved design grade of the lane or road in which they are installed. (b) STORM SEWERS - Same as Sanitary Sewers. (c) WATER MAINS AND HYDRAN1S - The water mains have been installed to the approved grades, tested, inspected, backfield and sterilized to the satisfaction of the Engineer, and are ready for the supply of water to the public; all the main and service connection valves and curb boxes, fire hydrants, pressure reducing valve chambers and other appurtenances are operable and undamaged and at elevations which are satisfactory to the Engineer (d) SEWER AND WATER SERVICE CONNECTIONS - The sewer and water service connections have been installed to the approved grades, tested, cleaned, inspected and backfield and all appurtenances are operable and undamaged, all to the satisfaction of the Engineer, and the water mains and hydrants are deemed to be complete. (e) SIDEWALKS, CURBS, GUTTERS AND CATCH BASINS - All sidewalks, curbs, gutters, concrete pedestrian bus stop aprons and catch basins and all hard surfaced medians, traffic islands and boulevards shall be fully constructed to the approved design grade and free of damage, except at lane crossings and easements wherein utilities are to be installed (not included as exceptions are underground wiring, service connections and sidewalks on fill), and all work shall be free from conditions deemed to be hazardous by the Engineer. Those portions omitted shall be completed within one (1) year from the issuance of the Construction Completion Certificate for adjacent sidewalks, curbs and gutters, and this shall be a condition of the issuance of the Construction Completion Certificate. Should the omitted sections not be completed within one (1) year from the date of the issuance of the Construction Completion Certificate, the maintenance period shall be extended to one (1) year from the date of the completion of the omitted sections. (f) PAVED ROADS, PAVED LANES AND PAVED W ALKW A YS - All catch basin leads, manhole frames and covers, water main valves and hydrant valves (and valve operating mechanisms), sewer and water service connections (and valve operating mechanisms), shall have been completed in the paved roads, paved lanes and paved walkways, prior to the Construction Completion Certificate for paved roads, paved lanes and paved walkways being issued. The paved road, paved lane and paved walkway surfaces shall be constructed except where i) the installation of the electric power, gas, A.G.T and C.T V utilities has caused the omission of construction of portions of the asphalt surface but the deep base is in place. In any event the total length of the omitted sections shall not exceed fifteen percent (15%) of the total length of the paved roads, paved lanes and paved walkways being constructed, or ii) when the Engineer deems it necessary to construct portions of any paved walkways at a later date to facilitate the landscaping with adjoining lots. The construction of the said omitted sections of asphalt surface shall be Page 41 o 0 constructed within one (1) year from the issuance of the Construction Completion Certificate for the adjacent paved roads, paved lanes and paved walkways. Should the omitted sections not be completed within one (1) year of the date from the issuance of the Construction Completion Certificate, the maintenance period shall be extended to one (1) year from the date of the completion of the omitted sections. Notwithstanding the foregoing the placement of the final top lift asphalt may be omitted upon approval being given by the Engineer. The omitted final top lift asphalt must be placed at least thirty (30) days prior to the City issuing the Final Acceptance Certificate for paved roads, paved lanes and paved walkways as required under Clause 157(c)(i) In addition the final top lift asphalt shall also be subject to the requirements under Clauses 114 and 156(m) (g) GRAVELLED LANES - A Construction Completion Certificate will be issued for gravelled lanes after the first spring thaw if the Construction Completion Certificates for all the underground utilities have been issued prior to the commencement of the first spring thaw. The first spring thaw is defined as the period between March 1st and June 1st inclusive. The lane shall be graded and gravelled to proper grade and cross-section and backsloped in accordance with City Specifications. All underground distribution facilities (electric power, gas, A.G.T and C.T V) in the lanes shall have been installed in the subdivision. (h) OVERLAND DRAINAGE CONTROL FACILITIES When all concrete drainage gutters and/or grassed swales and fences are constructed to the satisfaction of the Engineer (i) SOUND ATI'ENUATION FENCING - When all the work has been completed to the satisfaction of the Engineer (j) SCREENING FENCE - A Construction Completion Certificate is required if a fence is constructed in accordance with The terms set out in Gause 73(e). The design, specifications and maintenance period must first be approved by the Engineer before commencing construction of the fence. (k) LANDSCAPING FOR RESERVE PARCELS, PUBLIC UTILITY LOTS, SOFT LANDSCAPING OF MEDIANS, BOULEVARDS, TRAFFIC ISLANDS AND UNDERGROUND IRRIGATION - All underground irrigation and water services, water meter box, and water meter required for: (i) sub-neighbourhood parks; (ll) linear parks; (ill) those portions of the neighbourhood, community and district parks which are designated as decorative parks, ornamental parks, tot lots, and (iv) only water services for other reserve parcels (other than environmental reserves) have been installed, tested and inspected and the "as constructed" drawings, in compliance to the Parks & Recreation Department requirements and showing the Page 42 actuallocaQ of the underground irrigation as insQed by the Developer have been submitted to and approved by the Director of Parks & Recreation and the sub-neighbourhood parks, linear parks, decorative parks, ornamental parks, tot lots and public utility lots and the soft landscaping of the medians, boulevards and traffic islands have been graded, loam ed, and seeded, the trees have been planted and, if applicable, the paved reserve pathways have been constructed in accordance with the Parks & Recreation Department Standard Specifications, Landscape Construction. The groupings for the landscaping components for which the Construction Completion Certificates are submitted shall be as follows: (i) all reserve parcels (sub-neighbourhood parks, linear parks and those portions of the neighbourhood, community and district parks designated as decorative parks, ornamental parks and tot lots) medians and traffic islands, (ii) all boulevards and public utility lots, (ill) all Environmental Reserves, and (iv) all storm water dry ponds. (1) OPTIONAL SUBDMSION AMENITIES - All optional subdivision amenities have been constructed, inspected and approved by the Engineer. PROCEDURES 141. (a) i J The Developer, upon the completion of each utility and improvement, as defined in Clause 140 and as determined by the Engineer, shall cause to be prepared and issued four (4) copies of a Construction Completion Certificate for the utility or improvement completed, duly signed, sealed and certified by the signing officer of the Consulting Engineer for each utility and improvement completed or by the Landscape Architect for- landscaping of Reserve Parcels; Public Utility Lots, Soft Landscaping of Medians, Traffic Islands and Boulevards; and Underground Irrigation, including the projected earliest maintenance expiry date. Where applicable, the Developer shall submit with the Construction Completion Certificate a separate certificate duly signed, and sealed, by a registered Professional Engineer of Alberta certifying that all the backfilling operations, carried out by the Developer, have been carried out in accordance with the backfilling requirements as agreed to by the Urban Development Institute (Calgary Chapter). (b) Notwithstanding the provisions of Clause 141(a) the Developer, prior to the issuance of the Construction Completion Certificate for water mains and hydrants, shall obtain from the Engineer certification of the pressure testing, chlorination and water sampling of the said water mains. (c) The Developer, within thirty (30) days of the issuance of the said Construction Completion Certificate, shall forward the four (4) copies of the said Construction Completion Certificate to the Engineer for acknowledgement of receipt of same. (d) The City upon receipt of the said Construction Completion Certificate shall within fourteen (14) days acknowledge the receipt of the said Construction Page 43 o o Completion Certificate. (e) Notwithstanding Clause 141(d) the City upon receipt of a Construction Completion Certificate for sidewalks, curbs, gutters, concrete pedestrian bus stop aprons and catch basins or for paved roads, paved lanes and paved walkways which may include a list of omissions as permitted in Clauses 140(e) and 14O(f) respectively shall within thirty (30) days acknowledge the receipt of the said Construction Completion Certificate. (f) Notwithstanding either Clause 141(d) or Clause 141(e) the Engineer may withhold acknowledgement of receipt of the said Construction Completion Certificate and may return the said Construction Completion Certificate to the Consulting Engineer if in the opinion of the Engineer the said utility or improvement is not complete. The Developer shall correct the defects or deficiencies and subsequently resubmit the said Construction Completion Certificate with a revised projected earliest maintenance period expiry date. (g) The Developer, upon issuance of the water mains and hydrants Construction Completion Certificate, shall cause to be issued to the Fire Department a letter and a plan certifying the completed and operable hydrants constructed and located within the area covered by the water mains and hydrants Construction Completion Certificate. The letter and plans shall be sent to' Fire Prevention Bureau City of Calgary Fire Department 4124 - 11 Street S.E. Calgary, Alberta T2G 3H3 Attention: Assistant Fire Marshall (h) The Construction Completion Certificate may be issued if sanitary sewer, storm sewer, and water service connections are not completed to church sites, school sites and commercial areas where the final1ay-out is not known. 142. (a) Notwithstanding the proVisions of Clause 141 the following procedures shall apply to the Construction Completion Certificates listed below: i) landscaping for reserve parcels, public utility lots and underground inigation. ii) optional subdivision amenities. (b) The Developer shall submit to the Engineer four (4) copies of the Construction Completion Certificate with suitable plans attached, indicating the improvement constructed, duly signed and sealed by the signing officer of the Consulting Engineer or Landscape Architect for each improvement completed. Where applicable, the Developer shall submit with the Construction Completion Certificate a separate certificate duly signed, and sealed, by a registered Professional Engineer of Alberta certifying that all the backfilling operations, carried out by the Developer, have been carried out in accordance with the backfilling specifications of the City The Engineer and the Director of Parks & Recreation where appropriate, as the case may be, shall make an inspection within one (1) month from the date of receipt of the Construction Completion Certificate by the City, and if no advice of defects or deficiencies has been sent to the Developer within that time, the Page 44 o o improvement shall be deemed by the City to be completed and the maintenance period shall have commenced. (c) If the inspection shows to the satisfaction of the Engineer and the Director of Parks & Recreation where appropriate, as the case may be, that the improvement is completed, in accordance with the applicable specifications, the Engineer and the Director of Parks & Recreation where appropriate, as the case may be, shall sign the Construction Completion Certificate and shall indicate thereon the projected earliest maintenance period expiry date. (d) If however, defects or deficiencies are apparent to the Engineer and the Director of Parks & Recreation where appropriate, as the case may be, in the improvement, the Construction Completion Certificate shall be retained by the Engineer and the Director of Parks & Recreation where appropriate, as the case may be, for one (1) month from the date of the notification that defects or deficiendes exist. In the event that defects or deficiencies are not corrected by the Developer within the one (1) month period, the Construction Completion Certificate shall be returned unsigned, and the Developer shall correct the defects and deficiencies and subsequently resubmit the Construction Completion Certificate. MAINTENANCE GENERAL 150. I 1511. 152. After the issuance of the Construction Completion Certificate the Developer shall be responsible for any and all repairs and replacements to any utilities and improvements which may, in the Engineer's sole opinion, become necessary from any cause whatever, up until the issuance of the Final Acceptance Certificate. If during the construction and maintenance period any defects become apparent in any of the utilities or improvements installed or constructed under this Agreement and the Engineer requires repairs or replacements to be done, the Developer, within thirty (30) days after the delivery of notice in writing to the Developer, or within such other time as is agreed to or specified by the Engineer acting reasonably, shall cause such repairs or replacements to be done. If, in the sole opinion of the Engineer, any emergency arises, the City may do the repairs or replacement and the Developer shall reimburse the Oty for the full cost of such repairs or replacements, failing which the City may recover the full cost of such repairs or replacement in the manner provided in Sub-Clause 160(d). The Developer shall be responsible for the maintenance of all works installed by it and, without limiting the generality of the foregoing, maintenance includes remedying the failure of or damage to underground utilities resulting from defective materials, or improper installation, settlement of ditches, grading; gravelling; repairs and/or replacement of road and lane surfaces including any access roads enumerated herein, sidewalks, curbs and gutters, overland drainage control facilities, catch basins and catch basin leads, adjustment and repairs to water mains, main valves, water hydrants, hydrant valves, pressure reducing valve chambers, water service connections and valves and valve operating mechanisms including the casings enclosing these mechanisms, repairs, replacements and adjustments to sewer mains, sewer service connections, manholes, manhole frames and covers, repairs or replacement of trees and landscaping including maintenance to a "weed free" condition and underground irrigation, and such other repairs as may be required by the Engineer Page 45 o o 153 The Developer agrees that maintenance is a continuous operation whiCh must be carried on until the date of issuance of the Final Acceptance Certificate for each and every utility or improvement, and no releases from liability of any kind will be given until all repairs or replacements required by the Engineer in his final inspection reports have been made. SANITARY SEWER MAINTENANCE 154 The City, from the date of the Construction Completion Certificate, will flush and clean out the sanitary sewers as required in ordinary maintenance procedure. The cost of removing obstructions caused by gravel, rocks or silt which is other than that deposited from sewage, may be charged to the Developer WATER HYDRANTS, MAIN AND SERVICE VALVE BOXES 155. The Developer shall be responsible for adjusting all hydrants, hydrant and main valve boxes and all service valve boxes to the established grades as they are developed, and maintaining the valves and appurtenances in operating condition until such time as the City assumes the responsibility for the maintenance of streets and lanes as provided in this Agreement. MAINTENANCE PERIODS 156. The Developer, at no expense to the City, shall maintain each of the various utilities and improvements for the following minimum periods, or until the issuance of the Final Acceptance Certificates: For the purposes of this Agreement one winter season (a "winter") shall be that period of time between November 01 and April 30 of the following year; (a) (b) (c) (d) (e) Sanitary Sewers Storm Sewers Water Mains & Hydrants Sewer & Water Service Connections Sidewalks, Curbs and Gutters, Concrete Pedestrian Bus Stop Aprons and Catch Basins Two Winters Two Winters Two Winters Two Winters Two Winters (f) Provided the underground utilities have in the opinion of the Engineer been installed and compacted in other than winter conditions; or if installed in winter conditions, the backfilling has been properly compacted with granular material Paved Roads, Paved Lanes and Paved Walkways Two Winters (Includes Manhole frames and covers; water main and hydrant valves and valve operating mechanisms, cathodic protection test points, water service connection valves and valve operating mechanisms, and catch basin leads installed in paved roads, paved lanes or paved walkways.) Provided the underground utilities have in the opinion of the Engineer been installed and compacted in other than winter conditions; or if installed in winter conditions, the backfilling has been properly compacted with granular material. Page 46 (g) (h) (i) (j) (k) GravelledQes o One Year (Includes manhole frames and covers; water main and hydrant valves and valve operating mechanisms; cathodic protection test points, water service connection valves and valve operating mechanisms installed in these lanes.) if applicable after the second winter of the installation of the underground utilities, the Developer shall reshape the lanes to design grades and slopes, gravel where considered necessary by the Engineer, repair and adjust manholes, hydrants and all valves, cathodic protection test points, catch basins and catch basin leads. Provided (a) That at least 750/0 of the lots in the development area, that are lane serviced, have all the underground house services installed by the Electric System, C.W,N.G., A.G.T and C.T V (b) No single lane has less than 50% of the house services installed. Overland Drainage Control Sound Attenuation Fencing (If using Streets Specifications where a. two year maintenance period is approved) One Year Two Years ,. If the sound attenuation fence is constructed to a different specification, then the fence design and specification must first be approved by the Engineer prior to the construction of the sound attenuation fence including establishing the maintenance period for the attenuation fence. Screening fence (if using Streets Specifications where a two year maintenance period is approved) Two Years If the screening fence is constructed to a different specification, then the fence design and specification must first be approved by the Engineer prior to the construction of the screening fence including establishing the maintenance period for the screening fence. Landscaping for Reserve Parcels, Public Utility Lots, Soft Landscaping of Medians, Boulevards, Traffic Islands and Underground Irrigation One Growing Season One Growing Season shall be that period of time between the date that the Park Development Inspector signs the Construction Completion Certificate to June 30 of the following year or the date when, in the sole opinion of the Director of Parks & Recreation, the irrigation system(s) are operating and the vegetation is in full leaf, whichever event occurs last. Provided all sub-neighbourhood parks, linear parks and those portions of the neighbourhood, community and district parks designated as decorative parks, ornamental parks, tot lots, and public utility lots shall have been properly graded, loamed and seeded and there is a satisfactory catch of grass and, if applicable, the paved reserve pathway has been constructed; all other reserve parcels have been graded and loamed and the construction of all the necessary underground irrigation and fencing required under this Agreement have been completed to the satisfaction of the Director of Parks & Recreation. Page 47 o o (1) Optional Subdivision Amenities If a maintenance period is required it shall be as indicated in the Special Clauses. (m) Final Top Lift Asphalt The Developer shall obtain the prior approval of the Enginee! for the placement of the final top lift asphalt: i) Placed on any major road (as defined in the City's Street Specificatio~) at any time. (Bonding as set out in Gause 114 will apply) Two Years ii) Placed on any road, other than a major road, after September 15 in any year (Bonding as set out in Gause 114 will apply). One Year Limited to installation work and performance of materials, but not including third party damage or settlements. FINAL ACCEPTANCE CERTIFICATES PROCEDURES 157. (a) Following the end of the second winter for each of the utilities and the improvements noted in Clauses 156 (a), (b), (c) and (d) herein, and not less than three (3) months prior to the projected earliest maintenance period expiry date, or earlier if weather conditions permit, for each of the improvements noted in Clauses 156 (h), (i), (j), (k) and (1) herein, the Consulting Engineer and the Contractor shall inspect each underground utility or surface improvement and the Consulting Engineer shall ensure that the Contracto! corrects all defects and deficiencies due to damage and other causes, except defects or deficiencies caused by the negligence of the City o! its agents, employees or servants in the performance of their duties on behalf of the Oty Subsequent to the correction of the said defects and deficiencies, the Consulting Engineer shall submit to the City, for each underground utility or surface improvement, four (4) copies of the Final Acceptance Certificate duly signed and sealed by a signing officer of the Consulting Engineer (b) Notwithstanding the provisions of the preceding Gause 157 (a), following the end of the second winte! for each of the improvements noted in Clauses 156 (e) and (f) herein and not less than three (3) months prior to the projected earliest maintenance period expiry date, or earlier if weather conditions permit, for the improvement noted in Clause 156 (g) herein, the Engineer, the Consulting Engineer and the Contractor shall make a complete joint inspection of the said surface improvements constructed pursuant to this Agreement. The Engineer shall prepare a report of any defects and deficiencies discovered and shall forward a copy thereof to the Developer and his Consulting Engineer within one (1) month of the completion date of the said joint inspection. Following the correction of all defects and deficiencies by the Contractor, the Consulting Engineer shall submit to the City four (4) copies of the Final Acceptance Certificate duly signed and sealed by a signing officer of the Consulting Engineer Page 48 (c) i) 0- 0 Within thirty (30) days of the receipt by the City of the Final Acceptance Certificate the Engineer shall inspect the said utility or improvement. The Engineer shall approve the Final Acceptance Certificate if the inspection shows, to the satisfaction of the Engineer, that the said utility or improvement is completed pursuant to Clause 3 of this Agreement and that all top lift paving has been placed for at least thirty (30) days from the date of the said Engineer's approval. ii) In the event the conditions of Sub-Clause 157(c) (i) are not met, the Engineer may reject the Fin,al Acceptance Certificate and return to the Consulting Engineer the unsigned Final Acceptance Certificate and a written report of the defects and deficiencies to be corrected. The Developer shall correct the defects and deficiencies in accordance with the said written report and shall resubmit the Final Acceptance Certificate to the City for approval. 158. The Developer, in conjunction with the submission of the Final Acceptance Certificate for paved lanes, shall submit as-built lane profiles for the paved portion (including up to an additional thirty (30) metres of carriage way on both sides) of the lanes adjacent to catch basins. 159. The Developer also agrees, that until all his obligations to supply final plans, easements, and pay all monies owing'totheCity under this Agreement have been fulfilled, the City may refuse to accept this private Development Area. Page 49 o o GENERAL CLAUSES DEFECT OR DEFAULT BY DEVELOPER 160. Upon failure, neglect Of refusal of the Developef to comply with any notice of defect or default, given in writing to the Developer by the Engineer, within 30 days of the delivery of the said notice to the Developer, the City shall have the right, and hereby entitled but not obligated to take all or any of the following actions: (a) to remedy or cause to be remedied the defect or default; (b) to terminate this Agreement upon 15 days notice in writing to the Developer; - (d to complete Of cause to be completed the development or portions thefeof; Cd) to recover the costs of any action taken by the City pursuant to Ca), (b) or (d above, and any other monies owing to the City by the Developer under this Agreement, from the Developer by drawing upon the Irrevocable Letter of Credit, Performance Bond or other security provided by the Developer, or by any or all other methods of fecovery, or anyone of them, deemed advisable or expedient by the City including, but not limited to, any methods of recovery available to the City pursuant to the Municipal Government Act RS.A. 1980, Chapter M-26, as amended from time to time. ACCESS MAINTENANCE TO OCCUPIED PREMISES 161. The Developer, at all times after any premises are occupied as dwellings within the Development Area, shall provide and continuously maintain access to the premises occupied, for garbage removal and police and fire protection. DUs\r, DIRT AND CONSTRUCTION MATERIAL DEBRIS CONTROL 162 (a) The Developer shall take effective measures to reasonably control dust and dirt in the Development Area and without limiting the generality of the foregoing, in any loam stockpile site so that dust and dirt originating therein shall not be conveyed maintenance by any means whatsoever or cause annoyance Of become a nuisance to property owners and others within or adjacent to the Development Area. The Developer is solely fesponsible for ensuring dust and dirt control within the Development Area. In the event, however, that the Engineer deems that there is dust or dirt problem the Engineer shall attempt to notify the Developer of the problem by telephoning the Developer, or its Consulting Engineer If the Engineer is not able to contact the Developer, or its Consulting Engineer, or if the Developer, or its Consulting Engineer, shall fail to take effective measures to control the dust or dirt problem after being notified, then the Engineer may take such steps as are necessary to eliminate the dust or dirt problem at the expense of the Developer and shall within seventy two (72) hours notify the Developer in writing of the action taken by the Engineer. (b) In addition to the preceding Clause 162 (a), the Developer shall also take effective measures, at no cost to the City, to reasonably control construction material debris from the Development Area. The Developer shall further remove any such construction material debris arising from the Development Area Page 50 o 0 deposited on any reserve lil.llds located within and in proximity to the Development Area which are being maintained by the Parks & Recreation Department within five (5) working days from the date of receiving written notice from the Director of Parks & Recreation to remove the said debris. In the event that the Developer fails to remove the debris from the reserve lands within the time the City may remove the construction material debris all at the Developer's expense. Notwithstanding the five (5) day notice period in this clause, the provisions of Clause 160 shall otherwise apply to this Clause. LAND USE CLASSIFICATION SIGN 163 The Developer shall be responsible for keeping the public informed of all land use classifications, bus zones, community mail boxes, truck routes, overhead power feeder mains, sewage treatment plants, arterial roads, the location of school sites and when specified by the School Board the school building sites, reserve parcels, dry ponds and other amenities in the subdivision, and the said information shall be shown in all brochures and billboards and other advertising where maps are used in connection with promotion and sale of lots in the subdivision. The Developer shall erect the Land Use Classification sign as approved by the Director of Planning and Building, in the Subdivision showing the above mentioned amenities prior to issuance of building permits by the City. In the event that the Developer proposes to erect the Land Use Classification Sign on publicly owned lands the Developer shall submit, for approval by the Engineer, a plan showing the size and location of the said sign. If the said sign is located on publicly owned lands the Developer upon the removal of the said sign, shall rehabilitate, to the satisfaction of the Engineer, the area disturbed as a result of the removal of the said sign. Any sign located on publicly owned lands is an improvement and the City is indemnified therefore pursuant to the proVisions of Clause 120 The Developer shall maintain the said sign until the issuance of the last Final Acceptance Certificate for the lands shown on the said sign, following which the Developer shall remove the said sign. I i SURVEY CONTROL STATIONS 164. (a) The Developer shall pay to the City a fee to replace any or all survey control stations/markers (within road allowances, surveyed roads or on private land) that have been removed, or damaged due to the development of the area. The replacement charges, per survey control station, are as follows: 1st Order (Deep Bench Mark) 2nd or 3rd Order (pipe, helix or plug) Survey Manhole (frame & cover) $6,000.00 $1,200.00 $ 100.00 (b) The Developer, prior to the City's release of the linen for registration of the Development Area, shall pay to the City, a fee of $400.00 per hectare for each and every hectare or part thereof contained within the area outlined on the linen, for the costs set out under Section 7 of the Surveys Act. (Chapter 5-29 1.S.A. 1988). Page 51 o o TRAFFIC DETOUR CONTROL 165 The Developer, until the paved roads, paved lanes and paved walkways Construction Completion Certificate is issued, shall make arrangements, satisfactory to the Director of Transportation, for payment of the installation and maintenance by the City, of all traffic detour signs that may be required t() control traffic on the streets within and along the boundaries of the Development Area. In addition, the Developer, until the Development Area has been accepted by the City, shall make satisfactory arrangements with the Director of Transportation, for the installation and maintenance of traffic detour signs, as required, during the maintenance period. 166 RECREATIONAL VEHICLE PARKING The Developer using its best efforts, shall provide to the Purchaser(s) of each lot located within the Development Area notice of restrictions on the parking of recreational vehicle by way of written notice (information package) or by inclusion in any architectural controls for the lots located in the Development Area: "City of Calgary Land Use Bylaw 2P80 and Traffic Bylaw 40M80 both restrict the parking of recreational vehicles, other vehicles, trailers, etc. either in front of or in the front yard of residential properties. Owners of lots in laneless residential subdivisions are advised to familiarize themselves with these restrictions if they own or intend to own vehicles, trailers, etc. other than passenger vehicles." CESSATION OF RIGHT TO INSTALL OR CONSTRUCT 167. (a) At any time after the 31st day of December A.D, 1998 (in this Agreement called the "Completion Date") the City may notify the Developer in writing that the Developer's right to install and construct utilities and other services within the Development Area shall cease thirty (30) days after the service of such notice and, thirty (30) days after the service of such notice, the Developer's right to install and construct utilities and other services within the Development Area shall cease. (b) On the first day of January in each year following the Completion Date: i) all assessments, charges and other sums of money to be paid by the Developer to the City under this Agreement shall be deemed to have been adjusted in accordance with the rates that are approved for the then current year regardless of whether or not such rates are established prior to, on or after January 1st, and ii) any reference in this Agreement to City Designs and Specifications, shall in respect of work performed after the Completion Date, be deemed to be a reference to the City Designs and Specifications approved for the then current year Notwithstanding the foregoing the City Parks & Recreation Department Standard Specifications, Landscape Construction shall apply for one (1) additional year following the Completion Date. For greater clarity, it is hereby declared and agreed by the parties hereto that the assessments, charges, sums of money to be paid by the Developer, as set out herein, shall apply only in respect of work and payments made prior to the Page 52 camPleliaQate. In the event of any dispute aQ the applicable rate or the City designs and specifications applicable for any year, the decision of the Engineer shall be final and binding upon the parties. INVOICING AND PAYMENT 168 (a) The Developer agrees to make payments to the Oty for monies owing, other than on deposits, for work to be done or materials to be supplied by the City. The amounts of such billing shall be based on the proportion of building permits issued to the actual number of lots shown on the registered plans of the Development Area to the nearest 1 % on a monthly basis, with all balances due and payable on or befofe the Completion Date, unless otherwise specified in writing by the Engineer (b) The Developer shall make payments to the City of all deposits to cover work Of materials which the Oty may be required to do, or supply, under this Agreement, before the 31st day of Decembef of the year in which the Agreement is executed, except electrical distribution system and street lighting, walkway lighting and reserve pathway lighting deposits which shall be due and payable in accordance with Clause 90(k) and 96, failing which the City may collect the monies as set out in Clause 160 (d) of this Agreement. (c) en The Developer shall comply with and abide by all laws and the lawful directions of any authority or person regarding the imposition, collection or payment of any federal or provincial taxes, rates, levies, duties or assessments (hereinafter called the "Taxes") (ii) All sums of money set out herein (or to be calculated or determined as provided herein) are expressed exclusive of any Taxes which may be imposed in respect of this Agreement or any work, matter or thing contemplated herein. (ill) The Developer shall pay and be solely responsible for all Taxes arising out of this Agreement or any work, matter or thing contemplated herein. (iv) The Developer shall indemnify and save harmless the City, its officers, agents, employees and contractors from and against all Taxes arising out of this Agreement or any work, matter or thing contemplated herein. OVERDUE ACCOUNTS 169. (a) Notwithstanding the proVisions of Clauses 6, 7, 167 and 168 herein, all accounts that are due and payable by either of the parties herein, shall be paid within thirty (30) days from the date of billing of an approved invoice. In the event that payment for an approved invoice has not been made within thirty (30) days from the date of billing thereof, then the Developer, or the City (whoever has requested the payment) shall be entitled to receive an additional payment for interest, at the rate of one and one half (1 1/2%) percent per month (18% per annum) or as otherwise provided by City By-Law Number 104/75, as amended from time to time. (b) In the event of the Developer's default in payment, the City may, without further notice, recover the amount outstanding as set out in Clause 160 (d) Page 53 o o WAIVERS 170 A waiver by either party hereto of the strict performance by the other of any covenant or provision of this Agreement shall not of itself constitute a waiver of any subsequent breach of such covenant or provision, or of any other covenant, provision or term of this Agreement TIME IS OF TIrE ESSENCE 171 Time shall be the essence of this Agreement DEVELOPMENT PERMITS - 172. This Agreement does not constitute a Development Permit or any other permit of the City . TOINT VENTURE 173. In reading and construing this Agreement the word Developer and all words pending thereon or relating thereto shall be read and construed in the plural instead of the singular if there be more than one Developer named and in each case the covenants shall be deemed to bind the Developers severally as well as jointly ASSIGNMENT 174 Prior to the assignment, sale or transfer of any portion of the Development Area or any interest in the Development Site by which the rights and obligations under this Agreement are assigned, sold or transferred, in whole or in part, the Developer shall cause the assignee, purchaser or transferee to enter into an Assumption Agreement with the City acceptable to the City Solicitor, acting reasonably, duly executed by the assignee, purchaser or transferee. Upon the receipt by the City of such Assumption Agreement, which shall provide for the assumption by the assignee, purchaser or transferee of any such portion of the Development Area of the obligations imposed by this Agreement with respect thereto which are then unsatisfied, the assignor,vendor or transferor of such portion shall be deemed to be released from such obligations. NOTICE 175 Any notice, communications or request to be given to either party shall be in writing and delivered by personal delivery addressed to such party at the following address: as to the City: City Engineer Municipal Building 800 Macleod Trail S.E. Calgary, Alberta T2P 2M5 as to the Developer as indicated on Schedule "AU attached hereto or at such address as either of the parties may from time to time advise the other in writing by notice. Page 54 SPECIAL CLAUSES o o 180 In addition to the Clauses contained in this Agreement, the Developer shall also be bound by the Special Clauses pertaining to this Agreement attached hereto as Schedule "A" IN WITNESS WHEREOF the Developer and the City have caused to be hereto affixed their respective corporate seals, attested by their respective proper officials in that behalf, the day and year first above written. SUB. DEV. COORD. CITY OF CALGARY By. (?tJ--l\ COL~ JUN i 1 199B ACTING Oty Clerk CITY ENGINEER DEV. CO:MMlTI'EE 605668 ALBERTA INC. ENG. FINANCE By' CpMMISSIONERS i NAME: ~Y-- As to Form SOUOTORS 'vr TITLE. n~-74:O.f ~ -;J .- ':? ~ "-..-/ NAME: ., v../'-;) {j' TITLE. P/f~lJ{;t5/ Page 55 o RecItals SubdIVISIOn Name Panorama Hills, Phase 2 Developer Name 605668 Alberta Inc. LocatIOn of SubdIVISIOn N 1/2 Section 21 - 25 - 1 - 5 Development Area Contams 5.648 o hectares more or less Schedule "A" 72 resIdentlallot more or less Clause 3(b) Consultmg Engmeer (address) Walker, Newby and Partners Inc #200, 1212 - 1 Street. S E. Calgary, Alberta T2G 2H8 Clause 8(b) Samtary Sewer Assessment Trunk Name(s) Nose Creek Beddmgton Creek No 2 Amount Per Hectare $1,81800 $2,777 00 5648 Hectares Assessed. Total Payment. $25,952.56 Clause 9(b) Storm Sewer Assessment Trunk Name(s) North Beddmgton Amount Per Hectare $32,812 00 Hectares Assessed 5648 Total Payment: $185,322 18 Page Al of A7 Clause 1 O(b ) Water Asse(~)nt Amount Per Hectare Hectares Assessed Total Payment. o $3 804 00 5648 $21 48499 Clause 11 (b) Water Usage for Development Assessment Amount Per Hectare Hectares Assessed Total Payment. Clause 12(b) OversIze Assessment Amount Per Hectare Hectares Assessed Total Payment $380 00 5648 $2,146.24 $4,11400 5648 $23,235 87 Clause 13(b) Major Road OversIze Assessment Amount Per Hectare Hectares Assessed Total Payment. $5,97400 5648 $33,741 15 Clause 14(b) Expressways and Freeways Assessment Amount Per Hectare Hectares Assessed Total Payment. $3,975 00 5648 $22,450 80 Page A2 of A7 Clause 15(b) SubdIvIsIOn Cfic Slgnage and Road Mark1l1g AssesOnt Amount Per Hectare $320 00 Hectares Assessed 5648 Total Payment. $1,80736 Clause 16(b) Local Parks Assessment Amount Per Hectare $4,328 00 Hectares Assessed 5648 $24 444 54 Total Payment Clause 17(b) InspectIOn Fees Amount Per Hectare $2,075 00 5648 $11,71960 Hectares Assessed Total Payment. Clause 57 Access Roads None Clause neb) Cash In LIeu for SIdewalk to be BUIlt Adjacent to School SItes Clause 101(a) Land Purchase OptIOn/Agreement for Sale Date. Clause 101 (b) Agreement for Sale (L.R. T Purposes) Date Clause 101 (c) Land Purchase Agreement (Mumclpal Purposes) Date Clause 101 (d) Land Purchase Agreement (Reserve Purposes) Date Clause 132 Boundary Roads and Lanes None Not ApplIcable Not ApplIcable Not ApplIcable Not ApplIcable Not ApplIcable Page A3 of A7 Clause 175 Developer Cldress #1188,605 - 5 r\ue S W Calgary, Albert~t2P 3H5 Special Clauses 180 (A) Sanitary Sewers 1) The Developer, at no expense to the CIty and wIthout benefit of any recovery as provIded m Clause 130 herem, shall mstall the samtary sewers m the roads along the boundarIes of the Development Area. (B) Storm Sewers 1) The Developer, at no expense to the CIty and wIthout the benefit of any recovery, shall construct the off SIte stonn water pond, mc1udmg overland dramage storm water management facIlItles, mlet and outfall structures and appurtenances to Beddmgton Creek, as and where shovm on the constructIon drawmgs approved by the Engmeer, on Reserve Lot 4 MR and Envlrorunental Reserve Lot 5 ER m Block 3 on Plan 9210418, generally as shown outlmed m orange on Schedule 'B' attached hereto, all to the satIsfactIon of the Engmeer In addItIOn, the Developer, at no expense to the CIty and to the satlsfactIOnofthe Engmeer, shall mamtam the saId off sIte overland dram age stonn water management facIlItles, storm water pond and structures untIl such tlme as the Fmal Acceptance CertIficates for the saId facIlltles, storm water pond and structures have been acknowledged by the Engmeer ll) The Developer, at no expense to the CIty and WIthout benefit of any recovery as prOVIded m Clause 130 herem, shall mstall the storm sewers m the roads along the boundanes of the Development Area. (C) \Vater 1) The Developer, except for any overSIze, at no expense to the CIty, shall mstall the off sIte water mam, as shown on the constructIOn drawmgs approved by the Engmeer, from the north property lme of 1 00 Panorama HIlls Bay N W westward to Beddmgton Trall N W , generally as shown m blue from Pomts 'A' to 'B' on Page A4 of A7 Schedu()' attached hereto o 11) The Developer, at no expense to the City and wIthout benefit of any recovery as provIded m Clause 130 herem, shall mstall the off SIte water mam, as shown on the constructlOn drawmgs approved by the Engmeer, from the north boundary of the Development Area, northward to tIe to the water mam to be mstalled under Clause 180 (C)(i) herem, generally as shown m blue from Pomts 'C' to 'D' on Schedule 'B' attached hereto lll) The Developer, at no expense to the CIty and wIthout benefit of any recovery as provIded m Clause 130 herem, shall mstall the water mams m the roads along the boundanes of the Development Area. (D) Streets and Avenues 1) The Developer, at no expense to the CIty, shall construct, as shown on the constructlOn drawmgs approved by the Engmeer, the full wIdth of the dIVIded roadways m Panorama Hills Green N W , Panorama HIlls CIrcle N Wand 100 Panorama HIlls Bay N W along the boundanes of the Development Area. 11) The Developer, at no expense to the CIty and wIthout benefit of any recovery as prOVIded m Clause 130 herem, shall construct the full wIdth of Panorama HIlls Dnve N W along the north boundary of the Development Area. (E) Sidewalks, Curbs and Gutters 1) The Developer, at no expense to the CIty and wIthout benefit of any recovery, shall construct the full wIdth of the medIans, mcludmg gradmg, loammg, seedmg and/or pavmg of the landscaped portlOn of the medIans, as shown on the constructlOn drawmgs approved by the Engmeer, m Panorama HIlls Green N W , Panorama HIlls CIrcle N Wand 100 Panorama HIlls Bay N W located wlthm the boundarIes of the Development Area. 11) The Developer, at no expense to the CIty and WIthout benefit of any recovery as proVIded m Clause 130 herem, shall construct the sIdewalks, curbs and gutters, mcludmg catch basms and leads, as shown on the constructlOn drawmgs approved Page AS of A7 by the (~)neer on both Sides of the roads Clg the boundanes of the Development Area. (F) Fences 1) The Developer, at no expense to the CIty, shall construct a 1.20 metre high cham hnk fence, as shown on the constructIOn drawmgs approved by the Engmeer, mSlde the property lme of Lots I to 8,21 to 25 and 27 to 38 m Block 6 and Lots 1 to 4 m Block 14 where the saId lots abut golf course lands (G) Parks 1) The Developer, at no expense to the CIty and to the satIsfactIOn of the Director of Parks & RecreatIOn, shall rehabIlitate usmg natlve vegetatIOn the portions of Reserve Lot 4 MR m Block 3 and Envlrorunental Reserve Lot 5 ER m Block 3 dIsturbed as a result of the off sIte water mam to be mstalled under Clause 180(C)(i) herem. (H) Covenants and Caveats 1) A Restnctlve Covenant shall be regIstered on Lots 12 and 13 m Block 6 to prohibIt dnveways and vehIcular access to/from Panorama HIlls Dnve N W over the bus loadmg area located adjacent to the westerly 50 metres of Lot 12 and the easterly 5 0 metres of Lot 13 11) A Restnctlve Covenant shall be registered to the satlsfactlOn of the Director of the Planmng and BUlldmg Department on Lots I to 38 111 Block 6, Lots 1 to 16 m Block 9 and Lots 1 to 18 m Block 14 to ensure the prospective owners of the lots are adVised that the lots are located wlthm the AIrport VIClruty (25 - 30 N E F Zone), as determmed by the CIty of Calgary, Canada Mortgage and Housmg CorporatIOn or any other body actmg on their behalf from tlme to tIme, and are subject to aIrport related nOIse and that all reSidentIal development must conform to sound proofing reqUIrements outlmed m the Alberta BUlldmg Code as amended from tIme to tIme. 11i) A Storm Water Impoundment Easement shall be registered on Lot 15 and Lots 28 Page A6 of A7 to 34 111 BJock 6 Lots 1 to 6 and IOta 13 Il1 Bloc)--"",-q and Lot 18 111 Block 14 by way of~c.-/~at, to prohIbIt development on the sah.-lts other than 111 accordance wIth the restnctlOns as set out 111 Clause 36 here1l1 (I) Easements I) The Developer, at Its sole expense and pnor to the acknowledgement by the Engmeer of the ConstructIOn CompletIOn CertIficates for the off sIte overland dramage storm water management facIlItIes, storm water pond and outfall structures, and the off sIte \vater mams to be constructed under thIs Agreement, shall obtam all permIts, lIcenses and agreements requIred from the appropnate government agencIes, and regIster all easements and nghts-of-way reqUIred forthe saId off sIte overland dramage storm water management faCIlItIes, stonn water pond and outfall structures, and saId off sIte water mams, all to the satIsfactIon of the Engmeer (J) 25 - 30 NEF Information Package 1) The Developer, at no expense to the CIty and m accordance WIth the 25-30 NEF InformatIOn Package Report approved by the Calgary Plannmg CommIssIOn, shall provIde the 25-30 NEF InformatIon Package m ItS Home Sales Package for Lots 1 to 38 m Block 6, Lots 1 to 16 m Block 9 and Lots 1 to 18 m Block 14 (K) T.ne. Signage 1) The Developer, at no expense to the CIty and to the satIsfactIOn of the Semor SubdIvIsIOn Officer of the Plannmg and BUIldmg Department, shall msta11 and mamtam the temporary access sIgns at the entrances to the Panorama Commumty m accordance WIth the TransportatIOn and UtIlIty Corndor (TUC) SIgnage PolIcy approved by the CIty Page A7 of A7 o ()uULE I "B" ZI'25.(-5 3 ct 15 it 3 BlK.8 AREA=G.580ha 11 ~A' ~.53Gha 1.1< .C ) 95101~1 I.... "0 DO "C. o o Schedule tiC' 1997 STANDARD DEVELOPMENT AGREEMENT - UNIT RATES - APPROVED RATES FOR SANITARY SEWERS AND STORM SEWERS 1997 DEVELOPMENT AGREEMENT PIPE SUPPLY COSTS NOTE. 1) Concrete Pipe costs are based on 1996 pipe supply tender to the City of Calgary as supplied by Lafarge Construction Materials. RG = Rubber gasket pipe or equivalent, including gaskets, etc. SRC = Sulphate resistant concrete pipe. 2) PVC pipe costs are based on estimated 1995 pipe supply prices to the City of Calgary as supplied by IPEX. 3) Pipe supply costs do not include G.S.T A. NON-REINFORCED CONCRETE PIPE C14 CLASS ill AND PVC PIPE D3034 SDR 28 FOR 150 mID AND SDR 35 FOR 200, 250, 300, 375, 450,525, 600, & 675 Note: Pipe Joints are bell and spigot I PIPE SIZE I CONCRETE RG I PVC I 150 N/A 9.75 200 12.60 14.00 250 16.80 22.00 300 23.52 30.00 375 N/A 42.00 450 N/A 55.00 525 N/A 80.00 600 N/A 100.00 675 N/A 125.00 Page 1 APPROVED RA TFS FOR SANITARY SEWERS AND STORM SEWERS 1997 DEVELOPMENT AGREEMENT PIPE SUPPLY COSTS B REINFORCED CONCRETE PIPE IN ACCORDANCE WITH SPECIFICA nONS C76 Note: Pipe Joints are tongue and groove CLASS II SRC CLASS III SRC CLASS IV SRC CLASS V SRC PIPE SIZE RG RG RG RG 300 3192 3192 3192 35.28 375 38.64 38.64 4116 4368 450 52.08 52.08 5460 56.28 525 65.52 65.52 6972 7392 600 78.12 78.12 82.32 88.20 675 91.56 91.56 105.00 117 60 750 100 80 109.20 121.80 142.80 900 134.40 155 40 172.20 201 60 1050 180 60 193.20 218.40 268.80 1200 231.00 247 80 294.00 352.80 1350 294.00 310.80 361.20 407 40 1500 340.20 365.40 445.20 508.20 1650 394.80 441 00 512.40 596.40 1800 478.80 533.40 609 00 697.20 o o Page 2 APPROVED RATES FOR SAN!T ARY SEWERS AND STORM SEWERS 1997 DEVELOPMENT AGREEMENT PIPE PLACING COSTS PVC AND CONCRETE PIPE c:J DEPll-l RANGES IN METRES SIZE o - 2.5 2.5 - 3.0 3.0 - 3.5 3.5 - 4.0 4.0 - 4.5 4.5 - 5.0 5.0 - 5.5 5.5 - 6.0 6 0 - 6.5 6.5 - 7.0 150 37.00 38.00 40.00 4300 46.00 51.00 59.00 70.00 86.00 100.00 200 37.00 38.00 40.00 43.00 46.00 51.00 59.00 70.00 86.00 100.00 250 37.00 38.00 40.00 43.00 46.00 51.00 59.00 70.00 86.00 100.00 250 55.00 CATCH BASINS - ALL DEPTH RANGES 300 37.00 38.00 40.00 43.00 46.00 51.00 59.00 70.00 86.00 100.00 300 55.00 CATCH BASINS - ALL DEPTH RANGES 375 44.00 45.00 46.00 49.00 52.00 56.00 62.00 73.00 87.00 101.00 450 51.00 52.00 53.00 56.00 59.00 63.00 69.00 80.00 94.00 108.00 525 54.00 55.00 56.00 59.00 62.00 65.00 73.00 83.00 98.00 110.00 600 57.00 58.00 60.00 63.00 66.00 70.00 78.00 89.00 105.00 114.00 675 59.00 60.00 63.00 66.00 70.00 74.00 83.00 94.00 112.00 121.00 750 62.00 63.00 66.00 69.00 74.00 80.00 89.00 102.00 119.00 129.00 900 64.00 66.00 70.00 73.00 79.00 84.00 94.00 108.00 124.00 134.00 1050 67.00 71.00 76.00 80.00 84.00 88.00 98.00 112.00 127.00 138.00 1200 69.00 73.00 79.00 84.00 90.00 93.00 101.00 113.00 133.00 148.00 1350 72.00 77.00 81.00 87.00 92.00 96.00 104.00 120.00 143.00 164.00 1500 76.00 80.00 84.00 91.00 98.00 103.00 111.00 129.00 154.00 180.00 1650 80.00 84.00 89.00 98.00 106.00 113.00 127.00 154.00 180.00 207.00 1800 87.00 92.00 98.00 108.00 122.00 136.00 157.00 191.00 223.00 255.00 Sewer prices for all sewers over 1800 mm in size to be established by a public tender with concrete duct of equivalent capacity as an alternative 2. Pipe supply costs in the schedules are F O.B plant. Delivery from the plant is included in the pipe placing costs. APPROV~ ,... DATE. J 1997 January 01 Page 3 o o APPROVED RATES FOR SANITARY SEWERS AND STORM SEWERS 1997 DEVELOPMENT AGREEMENT MATERIALS AND PLACING COSTS I TYPE & I DEPTH RANGES IN METRES SIZE o - 2.5 2.5 - 3.0 3.0 - 3.5 3.5 - 4.0 4 0 - 4.5 4.5 - 5.0 50 - 5.5 5.5 - 6.0 6.0 - 6.5 6.5 - 7.0 5A 1,295.00 1,602.50 1,91000 2,217.50 2,525.00 2,832.50 3,140.00 3,447.50 3,75500 4,062.50 1-S 2,630.00 2,937.50 3,245.00 3,552.50 3,860.00 4,167.50 4,475.00 4,782.50 5,090.00 5,397.50 1220 X 1220 1-S 3,120.00 3,427.50 3,735.00 4,042.50 4,350.00 4,657.50 4,965.00 5,272.50 5,580.00 5,887.50 1500 X 1500 1-S 3,390.00 3,697.50 4,005.00 4,312.50 4,620.00 4,927.50 5,235.00 5,542.50 5,850.00 6,157.50 1800 X 1800 1-S 3,740.00 4,047.50 4,355.00 4,662.50 . 4,970.00 5,277.50 5,585.00 5,892.50 6,200.00 6,507.50 2100 X 2100 T - RISER 1,660.00 1,967.50 2,275.00 2,582.50 2,890.00 3,197.50 3,505.00 3,812.50 4,120.00 4,427.50 1200 T - RISER 1,825.00 2,132.50 2,440.00 2,747.50 3,055.00 3,362.50 3,67000 3,977.50 4,285.00 4,592.50 1350 T - RISER 2,010.00 2,317.50 2,625.00 2,932.50 3,24000 3,547.50 3,855.00 4,162.50 4,470.00 4,777.50 1500 T - RISER 2,210.00 2,517.50 2,825.00 3,132.50 3,440.00 3,747.50 4,055.00 4,362.50 4,670.00 4,977.50 1650 T - RISER 2,425.00 2,732.50 3,040.00 3,347.50 3,655.00 3,962.50 4,270.00 4,577.50 4,885.00 5,192.50 1800 NOTE. T - Riser manhole price includes the cost of one length of pipe, 2400 mm. Manhole prices are based on sulphate resistant concrete. DATE: 1997 January 01 Page 4 o o o o APPROVED RATES FOR SANITARY AND STORM SEWERS 1997 DEVELOPMENT AGREEMENT SCHEDULE "B" I ITEM IDESCRIPTION I UNIT PRICE PERI CUBIC METRE 1 Rock Excavation - Type A $ 12.45 - Type B - 33.00 2. Concrete Bedding 11 0 00 3. Washed Gravel 15.00 4. Bulk Concrete in Place 110.00 5. Reinforced concrete in place 210.00 6. Ordinary gravel backfill 11.00 7 Reinforced concrete outfall 310.00 8. Screened gravel 15.00 9 Crushed gravel for surface restoration 15.00 10 Compaction - to be paid only on boundary conditions or 3.00 where the City pays the full cost of the installation using the formula Amount of compaction (rn3) = length x (depth - 0.61 m) x 1.07 Note: Any claim for any items noted above must be in excess of $100.00 and all items must be authorized as provided in Clause 6 of the 1997 Development Agreement. APPROVED: DATE. ~ .....; 1997 January 01 Page 5 o o APPROVED RATES FOR WATERWORKS 1997 DEVELOPMENT AGREEMENT ITEM DESCRIPTION UNIT PRICE 1 Trenching, laying, jointing, backfilling and supply of the water distribution pipe including cathodic protection for fittings. A. 400 mrn Mains Per Lin. Metre 0 m 3 m Cover $185 45 3 m 3.6 m Cover 189.35 3.6 m 4.2 m Cover 206.25 4.2 m 4.9 m Cover 214.30 B. 300 mm Mains 0 m 3 m Cover $121.75 3 m 3.6 m Cover 125.10 3.6 m 4.2 m Cover 133.20 4.2 m 4.9 m Cover 140.30 , C. 250 mm Mains i 0 3 Cover $103.75 1 m m 3 m 3.6 m Cover 107.80 3.6 m 4.2 m Cover 115.70 4.2 m 4.9 m Cover 123.00 D 200 mm Mains 0 m 3 m Cover $81.70 3 m 3.6 m Cover 84.95 3.6 m 4.2 m Cover 94.65 4.2 m 4.9 m Cover 101.80 E. 150 mm Mains 0 m 3 m Cover $67 45 3 m 3.6 m Cover 71.35 3.6 m 4.2 m Cover 79.55 4.2 m 4.9 m Cover 86.70 Page 6 o o APPROVED RATES FOR WATERWORKS 1997 DEVELOPMENT AGREEMENT I ITEM I DESCRIPTION I UNIT PRICE I 2. Supply, setting and jointing of hydrants including seat and anchor blocks and all fittings, coating, cathodic protection (hydrant lead and valve extra at unit price for pipe and valve) $ 1,996.00 3 Supply, setting and joint valves, including box and rod, coating and cathodic protection A. 400 rnrn Valves - each 3,922.00 B 300 mID Valves - each 1,601 00 C. 250 mm Valves - each 1,21900 D 200 rnrn Valves - each 867.00 E. 150 rnrn Valves - each 632.00 4. Supply and installation of Pressure Reducing Valve(s) and Chamber(s) including excavating backfilling compacting mechanical piping and appurtenances. The depth range is o - 4.2 m as measured from the pipe invert to finished grade. i Single PRV installation per Std. Dwg. 453-1039-001 ! Size A. 150 mID - each 10,36500 B 200 mm - each 12,985 00 C. 250 mm - each 16,26500 Dual PRV installation per Std. Dwg 453-1038-001 A. 150 mID - each 14,90000 B 200 mm - each 18,365.00 C. 250 mm - each 21,955 00 All materials and installations shall conform to the 1996 Standard Specifications, Waterworks Construction. APPROVED: DATE: j~ T A. MontgO~ CITY ENGINEER 1997 January 01 Page 7 o o APPROVED RATES FOR WATERWORKS 1997 DEVELOPMENT AGREEMENT SCHEDULE "B" UNIT PRICE PER ITEM DESCRIPTION CUBIC METRE 1 Rock Excavation - Type A $ 12.45 - Type B 33.00 2. Sand Bedding Material 15.00 3 20 mm crushed gravel in trenches 14.00 4. Pit Run gravel in trenches 11.00 5 Compaction - to be paid only on boundary conditions or 3.00 where the City pays the full cost of the installation using the formula. Amount of compaction (rn3) = length x (depth - 0 61 m) x 1.07 m Depth = Centre Line Depth to Pipe Invert (metres) , I Length = Length of Trench (metres) Trench Width = 1 07 metres for all pipe sizes Note: Any claim for any items noted above must be in excess of $100.00 and all items must be authorized as provided in Clause 6 of the 1997 Development Agreement. APPROVED. DATE: 1997 January 01 Page 8 o o APPROVED RATES FOR SIDEWALK, CURB AND GUITER 1997 DEVELOPMENT AGREEMENT I ITEM I DESCRIPTION I UNIT I UNIT RATE I 1 Sidewalk Only (Includes lane aprons with wire mesh rn2 $ 35.00 and or reinforcing bars) 2. Median (concrete) infill rn2 33.00 3. Curb and Gutter a. Standard or Low Profile - 250 mrn - Class "A" Concrete m 31.00 b. Standard or Low Profile - 250 mrn - Class "B" Concrete m 30.50 c. Standard (on asphalt base) - 250 mm - Class "A" Concrete m 28.00 d. Low Profile (on asphalt base) - 250 mm - Class "A" Concrete m 31.00 e. Standard (on asphalt base) - 500 mm - Class "A" Concrete m 31.50 f. Low Profile (on asphalt base) - 500 mm - Class "A" Concrete m 28.50 4. Combined Sidewalk, Curb and Gutter a. Standard Curb - 1100 mrn walk - Class "A" Concrete m 55.00 b. Stanc1ard Curb - 1100 mm walk - Class "B" Concrete m 54.00 , Low Profile Curb -1100 mm walk - Class "A" Concrete 50.00 1 c. m d. Low Profile Curb - 1100 mrn walk - Class "B" Concrete m 48.50 e. Standard Curb - 1525 mm walk - Class "A" Concrete m 58.00 f. Standard Curb - 1525 mm walk - Class "B" Concrete m 56.50 g. Low Profile Curb - 1525 mrn walk - Class "A" Concrete m 54.00 h. Low Profile Curb - 1525 mm walk - Class "B" Concrete m 50.00 5. Catch Basins and Inlet Control Devices a. Single Barrel SR Cement ea. 1,350.00 b. Double Barrel ea. 2,300.00 c. Type K-2 Single SR Cement ea. 1,550 00 d. Type K-2 Double ea. 2,400.00 e. Plug Inlet Control Device 200 mm ea. 350.00 f. Plug Inlet Control Device 250 mm ea. 425.00 g. Plug Inlet Control Device 300 mm ea. 450.00 h. Framed Inlet Control Device (250 to 300 rnrn) ea. 300.00 Page 9 o o APPROVED RA TIS FOR SIDEWALK CURB AND GlITTER 1997 DEVELOPMENT AGREEMENT ! ITEM I DESCRIPTION I UNIT I UNIT RATE I 6. Concrete Invert Crossin& a. Overland Concrete Drainage m $ 39.00 7 Breakout and Replace (Residential) a. Sidewalk Only rn2 50.00 b. Curb and Gutter Only m 64.00 c. Combined Sidewalk, Curb and Gutter m 78.50 d. Asphalt Rehab 250 rnrn width m 14.50 e. Boulevard Rehab 250 mm width m 7.00 8. Breakout and Replacement a. Curb and Gutter (standard or low profile) 250 mm Class "A" Concrete on Asphalt Base m 61.00 b. Curb and Gutter (standard or low profile) 500 mm Class "A" Concrete on Asphalt Base m 66.50 c. Asphalt Rehab 250 rnrn width m 14.50 i d. Boulevard Rehab 250 mm width m 7.00 J Notes. The above prices include unstable material costs. The Rates for Items 1 through 8 are not applicable on oversize recoveries for 1997 Development Agreements. The oversize calculations are based on the Unit Rates on Page 14. APPROVED -J~~~ T A. Montgomery, P Eng CITY ENGINEER DATE. 1997 January 01 Page 10 o o APPROVED RATES FOR P A VWG AND LANES 1997 DEVELOPMENT AGREEMENT I ITEM I DESCRIPTION I UNIT I UNIT RATE I 1 Conventional Construction a. Excavation and Disposal (in place measurements) m3 $ 2.50 b. Subgrade Preparation rn2 110 c. Pit Run Gravel (placed and compacted) tonne 9.00 d. 25 mm crushed gravel tonne 12.00 e. Prime on 25 mm crushed gravel rn2 0.50 f. Tack Coat on Asphalt m2 0.30 g. Asphaltic Mix "A" tonne 35.00 h. Asphaltic Mix "B" tonne 45.00 2. Full Depth Construction a. Excavation and Disposal m3 2.50 b. Subgrade Preparation rn2 1.10 c. Tack Coat rn2 0.30 d. Asphaltic Mix "A" tonne 35.00 e. Asphaltic Mix "B" tonne 45.00 3. (i) Residential Roads i a. Excavation and Disposal rn2 045 i ! b. Subgrade Preparation rn2 1.10 c. Asphaltic Mix "A" 110 mm lift rn2 10.15 d. Tack Coat rn2 0.30 e. Asphaltic Mix ''B'' 40 rnrn lift rn2 4.75 Total $ 16.75 USE RATE $ 16.75 (in Conventional Construction The following rates shall be used to determine the cost per square metre for non-standard pavement construction a. Excavation and Disposal (50 rnm depth) rn2 $ 0.15 b. Subgrade Preparation (do not pro-rate) rn2 1.10 c. Base Gravel- 50 rnrn lift m2 1.00 d. 25 mm crushed gravel- 50 rnrn lift rn2 1.20 e. Prime on 25 mm crushed gravel (do not pro-rate) rn2 0.50 f. Asphaltic Mix "A" 50 mm lift rn2 4.60 g Tack Coat (per application) rn2 0.30 h. Asphalhc Mix "B" - 50 rnm lift rn2 5.90 Page 11 o o APPROVED RATES FOR PAVING AND LANES 1997 DEVELOPMENT AGREEMENT I ITEM I DESCRIPTION I UNIT I UNIT RATE I 4. (i) Residential Collector & Industrial a. Excavation and Disposal rn2 $ 1.00 b. Subgrade Preparation rn2 110 c. Asphaltic Mix "A" 185 mm - 2 lifts rn2 16.85 d. Tack Coat (2 applications) rn2 0.60 e. Asphaltic Mix liB" 40 rnrn lift rn2 4.70 Total $ 24.25 USE RATE $ 24.25 (ii) Major a. Excavation and Disposal rn2 $ 1.35 b. Subgrade Preparation rn2 110 c. Asphaltic Mix "A" 235 mID - 2 lifts rn2 2140 d. Tack Coat (2 apphcations) rn2 0.60 e. Asphaltic Mix "B" 40 rnrn lift rn2 4.70 i Total $ 2915 USE RATE $ 2915 5 (i) Asphalt Under 500 mm Curb and Gutter $ 12.00 ( ii) Asphalt Under 250 mm Curb and Gutter $ 12.00 6. Asphalt Median Strips a. Excavation and Subgrade Compaction m2 $ 5.00 b. 25 mm crushed gravel (placed) m2 2.50 c. Asphaltic Mix "B" 50 mm lift m2 7.25 Total $ 14.75 USE RATE $ 14.75 Page 12 o o APPROVED RATES FOR PAVING AND LANES 1997 DEVELOPMENT AGREEMENT I ITEM I DESCRIPTION I UNIT I UNIT RATE I 7 (i) Gravelled Lanes a. Excavation and DISposal m3 $ 3.75 b. 25 mm crushed gravel tonne 13.50 ( ii) Lane Construction a. Excavation and Disposal m2 1.00 b. Subgrade Preparation m2 1.70 c. 25 mm crushed gravel-75 mm lIft m2 4.00 Total $ 6.70 USE RATE $ 6.70 8. Asphalt Walkway and Pedestrian/Bicycle Paths a. Excavation m2 $ 4.00 b. Subgrade Preparation m2 1.10 c. Asphaltic Mix "Bit 100 mm lift at double rate m2 20.00 ; Total $ 25.10 i USE RATE $ 25.10 9 Miscellaneous Asphalt Works a. Asphalt planing: less than 100 m2 m2 $ 5.00 b Asphalt planing: more than 100 m2 m2 3.00 Note: The Rates for Items 1 through 9 are not applicable on oversize recoveries for 1997 Development Agreements. The oversize calculations are based on the Unit Rates on Page 14. APPROVED ~:2d~ CITY ENGINEER DATE. 1997 January 01 Page 13 o o APPROVED RATES FOR PAVING 1997 DEVELOPMENT AGREEMENT I ITEM I DESCRIPTION I UNIT I UNIT RATE I 1 Major Standard Road (a) Divided (14.8 metre wide carriageway) (i) Half Cost Lineal Metre $ 790.00 (ii) Half Cost (With no Traffic Signals) Lineal Metre 750.00 (iii) Full Cost Lineal Metre 1,580.00 (iv) Full Cost (With no Traffic Signals) Lineal Metre 1,500.00 (v) Top Lift Holdback Half Cost Lineal Metre 48.10 (vi) Top Lift Holdback Full Cost Lineal Metre 96.20 (b) Undivided (14.8 metre wide carriageway) (i) Half Cost Lineal Metre $ 700.00 (ii) Half Cost (With no Traffic Signals) Lineal Metre 660.00 (ill) Full Cost Lineal Metre 1,400.00 (iv) Full Cost (With no Traffic Signals) Lineal Metre 1,320 00 (v) Top Lift Holdback Half Cost Lineal Metre 48.10 (vi) Top Lift Holdback Full Cost Lineal Metre 96.20 (c) Divided Local Major (27 metre R.O W ) (i) Half Cost Lineal Metre $ 680.00 (ii) Half Cost (With no Traffic Signals) Lineal Metre 640.00 (iii) Full Cost Lineal Metre 1,360 00 (iv) Full Cost (With no Traffic Signals) Lineal Metre 1,280 00 (v) Top Lift Holdback Half Cost Lineal Metre 48.10 (vi) Top Lift Holdback Full Cost Lineal Metre 96.20 2. Collector Standard Road (12.0 metre wide carriageway) (i) Half Cost Lineal Metre $ 465.00 (ii) Full Cost Lineal Metre 930.00 Note: The Rates for Items 1 and 2 are to be used in calculating oversize payments and deposits for 1997 Development Agreements. The above rates include 5% for Engineenng and 5% for Administration. s:::v: ~~ T A. Montgomery, P Eng CITY ENGINEER Page 14 DATE. 1997 January 01 o o APPROVED RATES FOR FENCING 1997 DEVELOPMENT AGREEMENT ] DESCRIPTION I UNIT I UNIT RATE I 1.80 Metre High Chain Link Fence Includes Wire Mesh Poles and Installation Lineal Metre $27.55 i ! , Note: The above rate includes 5% for Engineering and 5% for Administration ~ DATE 1997 January 01 PagelS o o d APPROVED RATES FOR PARKS AND BOULEVARDS 1997 DEVELOPMENT AGREEMENT I DESCRIPTION I UNIT I UNIT RATE I A. Includes supplying of loam to 150 mm in depth, preparation (levelling and rototilhng) and seeding. (Does not include any excavation) rn2 $3.65 B Includes supplying of loam to 150 mm in depth, excavation, preparation Oevelling and rototilling) and seeding rn2 $5.35 C. Community and District Parks Building Envelope Areas Hectare $29,556.78 i I D Community and District Parks MSR Areas Hectare $77,183.57 Note: The rates for items C and D above do not include 7% for GST DATE K Knights DIRECTOR CALGARY PARKS & RECREATION 1997 January 01 Page 16 o o APPROVED RATES FOR INST ALLA nON OF UNDERGROUND TRAFFIC CONTROL DUC1S 1997 DEVELOPMENT AGREEMENT DESCRIPTION UNIT UNIT RATE A Includes excavation, installation of traffic control ducts, backfilling, compaction of ditches, and where applicable, road rehabilitation Lineal metre $40 .00 B. The Contractor will supply pull rope, duct material duct end markers and a scaled drawing of the intersection showing the location of the duct end markers j ; APPROVED' DATE. 1997 January 01 o Bo en, P Eng DIRE TOR TRANSPORTATION DEPARTMENT Page 17 AQVED RATES FOR STREET LIG~O 1997 DEVELOPMENT AGREEMENT .. 1 The 1997 Street Lighting Rate for resIdential and collector roads will be: a) $40.90 per assessable front metre This rate shall apply in all standard developments subject to the conditions outlined in Clauses 90(a) through 90(k) of the Development Agreement. 2. The 1997 Street Lighting Rate for major roads, which is based on the cost of lighting an equivalent collector road to a collector standard, will be: a) $111.60 per lineal metre (both sides of the road included) b) $55.80 per lineal metre (if only one half of the road is developed) This rate shall apply in all standard developments subject to the conditions outlined in Clauses 9O(a) through 90(m) of the Development Agreement. 3. The formula for calculating assessable front metres for street lighting purposes only is as follows: a) If the front width of the lot is smaller than or equal to the rear width, the assessable front metres shall be the frontage width which on curves shall be the arc length of the curves. b) If the front width of the lot is larger than the rear width, the assessable front metres shall be the rear width, plus 35 percent of the difference between the front width and rear width. On curves the arc length of the curves will be used for measuring front metres. c) If the rear of the lot is abutting a publIc road thoroughfare, the assessable metres shall be the total sum of the metres of the front and rear of the lot. d) If commercial and/ or apartment acreage sites have two sides fronting on public thoroughfares, the assessable frontage shall be the sum of the metres on both thoroughfares. e) If commercial and/ or apartment sites front on more than two sides on public thoroughfares, the assessable front metres shall be the sum of metres fronting on all thoroughfares excepting expressways/freeways. ~< Bosma GENERAL MANAGER ELECTRIC SYSTEM Page 18 DATE. 1997 January 01 o o APPROVED RATES FOR W ALKW A Y UGmING AND RESERVE P A THW A Y LIGHTING 1997 DEVELOPMENT AGREEMENT 1 The 1997 Walkway Lighting Rates will apply to all walkways in all standard developments as follows: a) $36.40 per lineal metre of walkway 2. The 1997 Reserve Pathway Lighting Rates will apply to all Reserve Pathways that are required to be lit for transit pedestrian movement. a) Pole with Base $2,500.00 b) Wire installed i) Trenched (Wire in Carlon) $21.00 Per metre ii) Trenched (Wire in 50 rnrn duct) $37.00 Per metre ~ v B K osma GENERAL MANAGER ELECTRIC SYSTEM DATE. 1997 January 01 Page 19 o o '. ". APPROVED RATES FOR POWER DISTRIBUTION 1997 DEVELOPMENT AGREEMENT ELECTRIC SYSTEM STANDARD INVESTMENT In accordance with Clauses 92(c) and 92(d) of the Development Agreement, the Electric System Standard Investment for detached and semi-detached dwelling units is $440.00 per service. 1 MODIFIED UNDERGROUND DISlRIBUTION SYSTEM (a) STANDARD SUBDMSION The standard rate which the Developer shall pay is based on the following criteria. Size of Servicing Developer's Service Servicin~ Method Cost/Lot in ($) Coil Cost in ($) 100A Front 655 130 100A Lane - 1 Side 655 130 100A Lane - 2 Sides 585 130 200A Front 930 265 200A Lane - 1 Side 930 265 200A Lane - 2 Sides 850 265 The Goods and Services Tax is not included in the above noted costs. The Goods and Services Tax will be added to the invoice for the servicing of the subdivision. (b) NON-STANDARD SUBDMSION The Developer shall pay the quoted rechargeable cost for servicing a non-standard subdivision based upon an estimate of servicing each particular subdivision including the cost of the coil of service wire. Actual costs of construction shall be paid by the Developer 2. TOTAL UNDERGROUND DISTRIBUTION SYSTEM The rechargeable rate for a Total Underground System will include the extra cost of an underground main feeder over and above the cost of an overhead main feeder, in addition to the rates described above for a Modified Underground System. 3. OVERHEAD DISTRIBUTION SYSTEM The Developer shall pay the quoted rechargeable cost for servicing an overhead subdivision based upon an estimate for servicing each particular subdivision. Actual costs of construction shall be borne by the Developer APPROVED DATE. ~ /.4v ~. c Bosma GENERAL MANAGER ELECfRIC SYSTEM 1997 January 01 \ \\ Page 20 City of Yelm 105 Yelm Avenue West PO Box 479 Yelm. Washington 98597 (360) 458-3244 Apnl 17, 1998 Dragt/DeTray L.L.C 3650 PacIfic Avenue OlympIa, WA 98501 Re. Southwest Yelm AnnexatIOn Area Development Agreement for Dragt property development \k\,~(J; . Dear Mr )'fagtiland Mr DeTray. Attached you will find the Southwest Yelm AnnexatIOn Area Development Agreement specIfically drafted for the Dragt property described m Schedule A attached. ThIS agreement IS for your reVIew and consIderation and IS necessary pnor to the CIty'S reVIew and determmatIon of completeness of the applIcatIOn for Master Plan Approval for Prame View, a TradItional NeIghborhood Development. Please feel free to contact me at 360-458-8405 If you have any questIOns related to the agreement or CathIe Carlson, CIty Planner at 360-458-8408 regardmg the process. Once we have receIved a sIgned copy, the CIty wIll begm the "certIfication of completeness" described on Page 2, Paragraph B ofthe agreement. Thank you and we look forward to kIckmg off our first Master Plan development approval process for the Southwest Yelm Annexation Area! Smcerely. ~\LI4;A ~trlC~'~ Shelly A.tfja~ger C City AdmmIstrator, CIty of Yelm cc (w/enc1osures) Henry & Jane Dragt The KIrkbnde Group, Inc , K. Frank KIrkbnde Sandy MackIe, Owens DavIes MackIe CathIe Carlson, Yelm CIty Planner (1) R<<ycled paper SCHEDULE A Legal description of Dragt property Thurston County Assessor's Parcel Numbers: 21724310100, 21724320000, 21724330000, 21724340100, 21723410000, 21723440000, Sections 23 & 24, Township 17, Range 1 East W.M. C\VVP51 \53\YELM\DRAGT.AGR t. ... "" SOUTHWEST YELM ANNEXATION AREA DEVELOPMENT AGREEMENT THIS AGREEMENT dated thIS _ day of , 1998, by and between the CIty ofYelm, hereafter referred to as the "CIty," and Dragt-Detray L.L.C, hereafter referred to as the "Sponsor" WITNESSETH. 1 The Sponsor IS the owner of the property described m Schedule A attached hereto, whIch property was annexed to the City under the terms of the Southwest Yelm AnnexatIOn Agreement dated November 23,1993 2 The CIty and Sponsor have concluded the approval of the annexatIOn, ComprehensIve Plan deSIgnatIOn, and development regulatIOn approval for a planned communIty A conceptual master plan approval for a planned communIty on Sponsor's property as contemplated m the referenced AnnexatIOn Agreement has expIred, but the CIty IS processmg a renewal substantIally m the same form concemmg Sponsor's property 3 The CIty has approved ItS Water and Sewer ComprehensIve Plans and Water Reuse FacIlItIes Plan whIch all IdentIfy the method, fmancmg, and tImmg of provIdmg adequate water, waste water and reuse facIlItIes to the CIty 4 The Sponsor has approached the CIty WIth a request to process the fmal step of the annexatIOn/master plannmg process contemplated m the referenced AnnexatIOn Agreement and the partIes deSIre to IdentIfy m greater detaIl the steps reqUIred and the responsibIlItIes of each m connectIOn WIth future reVIews and approvals. 5 The fmal master plan approval process IS speCIfic to mdIvIdual propertIes and the CIty has agreed that each of the major propertIes may proceed WIth final master plan approval, dealmg WIth Issues of fmal layout, phasmg, mfrastructure, and other project speCIfic development Issues, mdependent of the tImmg of development of the other propertIes wIthm the conceptual master plan. 6 The processmg of mdIvIdual master plans wIll reqUIre a fmal reVIew of the Issues of phasmg, concurrency, and the adequacy of facIlItIes, and partIcularly water, wastewater, transportatIon (both on SIte and off sIte), and the allocatIOn of responsibIlIty, costs, and the proposed tImmg of the final plan. 7 ThIS Agreement IS a contmuatIOn of the Southwest Yelm AnnexatIOn Agreement dated November 23, 1993, and shall supplement and supercede Said agreement WIth respect to the 1 , .. . processmg of the [mal master plan for Sponsor's property NOW THEREFORE, m consIderatlOn of the mutual covenants and restnctlOns contamed herem, the partIes do hereby agree as follows Schedule: A. Master Plan ApplIcatlOn. The Sponsor has filed the master plan and related applIcatlOn. The applIcatlOns to be revIewed shall mclude A [mal master plan WIth the mformatlOn reqmred by Chapter 17 62 of the Yelm CIty Code. 2. Any specIfic gradmg plans or prelImmary plans for WhICh Sponsor requests approval m advance of [mal master plan approval and a justIficatlOn demonstratmg that the conceptual work wIll not adversely affect the [mal master planmng process. B CertIficatlOn of Completeness Withm 30 days of the date the applIcatlOn and a SIgned agreement are receIved, the CIty shall reVIew the matenals submItted m cOnjunctlOn WIth the [mal master plan and assocIated permIts for completeness and adVIse Sponsor of the status of the applIcatlOn. C EnvIronmental Documents The Sponsor has requested and the CIty has agreed to contract for envIronmental reVIew on a reImbursable baSIS. The CIty proposes to contract WIth Adolfson ASSOCIates, Inc., who has done the CIty comprehenSIve plan EIS and IS famIlIar WIth the CIty and the master plan and area. No contract WIll be Issued WIthout Sponsor's approval. The envIronmental documents shall detaIl the proposed phasmg, the unItS assocIated WIth each phase, the on SIte and off SIte Improvements to be mstalled WIth each phase, and IdentIfy the means by whIch concurrency shall be measured for each phase The City wIll prOVIde reVIew and gmdance scopmg the addendum, commentmg on the drafts, and ultimately issumg the [mal approval. Nothmg m thiS Agreement commits the City to any specIfic result With respect to the final plan, as the CIty WIll exerCIse Its judgment wlthm the constramts of the CIty'S adopted plans, regulatlOns, and state laws With respect to development approvals. The CIty agrees to respond to each phase of the envIronmental reVIew process wlthm two weeks of consultant's submIttals. SpeCIfic Issues to be addressed m the addendum mclude Gradmg plan and constructlOn penod mItIgatlOn to assure protectIon of stream, wetland, and buffer areas and adjommg propertIes and reSIdences. 2 Stormwater control for each phase, mcludmg a flood hazard analYSIS of Thompson 2 Creek and mItigatiOn to assure that seasonal floodmg along Thompson Creek wIll not be mcreased by any phase of the project. 3 Wetland delmeatiOn and buffer desIgnatIon and any steps to mmlmlze dIsruptiOn of wetland areas durmg constructiOn. 4 Traffic for each phase 5 Sewer reqUIrements for each phase and reuse and recycimg opportunItIes on sIte commensurate WIth project waste water use All sewer dIsposal and reuse optIons must be consIstent WIth the CIty Water Reuse FacIlItIes Plan. The CIty may conSIder an amendment to the Plan (to the Departments of Ecology and Health) at Sponsor's request If the amendment IS otherwIse consIstent WIth the CIty plans and needs. If an amendment IS requested, the cost of such an amendment shall be borne by the Sponsor 6 Water and water nghts to serve the project and phasmg tIed to acqUISItiOn of sUItable water nghts. 7 Park locatiOn and open space facIlItIes to be (a) DedIcated wIth each phase (b) Improved wIth each phase (c) Bonded by a phase but constructed later 8 Such other Issues as may be raised durmg scopmg. D PrelImmary PermIts Once envIronmental reVIew IS complete, the CIty wIll Issue a gradmg permIt for prelImmary on sIte work where (1) the gradmg wIll not matenally mterfere wIth the development of the [mal master plan, and (2) the gradmg wIll not result many sIgnIficant adverse envIronmental Impacts, mciudmg but not lImIted to any matenallmpact to cntIcal areas. E Final Master Plan Hearmgs The CIty wIll schedule publIc heanngs before the Plannmg CommIssiOn on the [mal master plan 60 days after the publIcatiOn of a complete approved addendum (or [mal SEIS If a matenal change IS proposed) PublIc hearmgs by the CIty CounCIl shall be held 60 days after the Plannmg CommIssiOn hearmg and a final decIsiOn wIll be Issued wlthm two weeks of the CIty CouncIl heanng. F ReVIew staff: The CIty reVIew staff and fee baSIS shall be CIty staff: Shelly Badger, CathIe Carlson, Ken Garmann Adolfson ASSOCIates, Inc -envIronmental reVIew-contract rates as bIlled SkIllmgs-Connolly, Inc -sewer and water-contract rates as bIlled S Chamberlam & ASSOCIates, Inc -transportatiOn-contract rates as bIlled Owens DaVIes Mackie-land use and envIronmental legal reVIew and process, legal documentatiOn-contract rates for specIal property as bIlled 3 Q ... G Fundmg: The Sponsor shall deposIt wIth the City the SlUll of $10,000, whIch shall be used to reImburse the reVIew staff at the applIcable rates. When less than $1,000 IS m the account, the CIty shall request an addItional $10,000, to be deposIted m the CIty account. No contractor is authonzed to mcur costs if the City does not have suffiCient funds m the account to pay the costs Any excess funds shall be returned to the Sponsor upon Issuance of the [mal master plan. H. Reimbursement: Sponsor Will reimburse the City for prevlOusly completed survey and engmeer desIgn costs mcurred m preparmg reclaimed water lme drawmgs for the central loop road and detaIled plans identIfymg location of the rapid mfiltratlOn basms for storage and discharge of recycled water for the site m the amount of $16,716 00, which funds are due withm 30 days after master plan approval. 1. Amendment: ThiS Agreement is an amendment to the AnnexatlOn Agreement dated November 23, 1993 which, except as superceded above, shall remam m full force and effect. IN WITNESS WHEREOF, the partIes have executed tills Agreement as of the date and year first wntten above DRAGT-DETRA Y L.L.C By' CITY OF YELM BY' 4 OWENS DAVIES MACKIE,p.s. Attorneys at Law Street address 926 - 24th Way S.W Olympia, W A 98502 Phone (360) 943-8320 Mailing address POBox 187 Olympia, W A 98507-0187 Facsilnile(360) 943-6150 Alexander W. Mackie TO Steve Bmgham, Adolfson Associates /....--'Cc Cathie Carlson, City ofYelm DATE. March 26, 1998 RE. Yelm/Dragt-Detray property Attached are some excerpts on the Somerset Hill phasing plan whiCh shows you the kmd of information which needs to be developed for the Dragt-Detray property " OWENS DAVIES MACKIE, P S S~d lL- Sandy Mackie '--' '< - ,..- SOMERSE I HILL MASTER PLAN SUMMARY OF PHASE I .. 1989 Area: Population: School Age Children: Unit Count Density: Traffic Generation:. 25. 551 n 264 10.6 1710 Acres People Students (K-12) ApartiTlentUnits Units/Aae AW.D.T. AM. Inbound: 27 V.P.H. AM. Outbound: 121 V.P.H. P.M. Inbound: 127 V.P.H. P.M. Outbound: 61 V.P.H. *Includes Phase I Traffic, Existing and Projected 1989 Somerset Hills Oivision 2 ON::SITEIMPRQVEMENTS Sewer Service: 0.15 C.F.S. to Irving Sl 49 G.P.M. to 12th St Water Service: Storm water: Stormwater to conform to City standards and the North Tumwater Hill Master Plan Streets: Construct to City standards within dedicated right-of-way OFF-SITE IMPROVEMENTS .. EXISTING OR PREREQUISITE Barnes Boulevard - 30 foot wide pavement with sidewalk to Crosby. (latecomer Contribution Anticipated) OFF-SITE IMPROVEMENTS .. CONSTRUCTED WITH PHASE - Extend 8" sewer from Irving Street to site. - Loop water line from Barnes Boulevard to 12th Street Signal improvements at Mottman and Crosby Boulevard. (Latecomer Contribution Anticipated - to be shared with College, DOT and other deveiopers. See page 33) o Connect pedestrian/emergency access to 12th Street o Construct rough access to schoof site. - Construct water line to schoo site. o Commit for Zone 4 water system improvements (prorata share). OFF-SITE IMPROVEMENTS - DEFERRED - Improvement of park, 10% share, bonded or UO* o Signalization at 2nd and Unwood, prorata share based on peak hour o Signalization at Barnes. and Crosby, prorata share based on peak hour - Improvement of 101 interchange, prorata share based on peak hour 11-8 J *See Part m; Recreation, Mitigating Measures SOMERSE: I HILL MASTER PLAN SUMMARY OF PHASE II - 1990 Population: Schoo. Age ChHdren: Un~t Count: De.ft$ity: Trafitic Generation:. 13.1 13 222 56 106 8 1320 Aaes Aaes School Site People Students (K-12) Apartment Units Urits/ Acre A.W.D.T. Area: AM. Inbound: 88 V.P.H. P.M. Inbound: 59 V.P.H AM. Outbound: 103 V.P.H. P.M. Outbound: 31 V.P.H. *Includes School Traffic Generation, Phase II, Existing and Projected 1990 Somerset Hills Division 2 ON-SITE-IMPROVEMENTS Sewer Service: 0.15 C.F.S. Total 0.04 C.F.S. to Irving 0.02 C.F.S. to Clark 0.09 School to Crosby 20 G.P.M. Domestic 23 G.P .M. School Water Service: Barnes Blvd and 12th Ave Pressure Zone 4 Stormwater: Stormwater to conform to City standards and the North Tumwater HiD Master Plan, and any supplemental environmental review, if required Streets: Construct to City standards within dedicated right-of-way OFF-SITE IMPROVEMENTS - EXISTING OR PREREQUISITE: - Barnes Boulevard complete to I Street (30 foot wide pavement with sidewalk). (Latecomer Contribution Anticipated - Barnes Blvd for property south of Phase II.) - Signal improvements at Mottman and Crosby Boulevard - Reserve Connection to 7th Avenue OFF-SITE IMPROVEMENTS - CONSTRUCTED WITH PHASE: - Streets: Fsnish Access to School; Connect Pedestrian/Emergency Access to Clark Street; 12th Street - Consider Opening to Through Traffic if City Obtains link Between Mottman and Irving. - Sewer: East Extend Sewer to Clark for Mufti-Family; West:. Extend Sewer to Crosby for School. - Water: New Water Storage Tank and 3 Booster Pumps With Backup Power for Zone 4. (Latecomer Contribution' Anticipated from users above elevation 350.) OFF-SITE IMPROVEMENTS - DEFERRED - Impr6v~&nl 01 Park, S% Share, Bonded or UO* - Sigr:raliz3tior:1' at 2nd and linwood, Prorata Share Based on Peak Hour - SignatiZa'tton at Barnes and Crosby, Prorata Share Based on Peak Hour - Improvement of j01 Interchange, Prorata Share Based on Peak Hour ) *See Part III, Recreation, Mitigating Measures U-E ~-- - ~I;T I:ttU. MASTER PLAN SUMMARY OF PHASE III - 1991-92 , I Po.p.uJatlo.n: $.QhQQI Age Qhlld:ren: Unit Qo.l!flt: 26.5 8 429 81 146 42 7.2 1235 Acres Acres Park People Students (K-12) Apartment Units Duplex Units Units/Acre AW.D T. Ar.ea: DeASJty,: rr:aff.Jc GeRer-ation:* A.M. Lnbowld: 19 V.P.H. A.M. Outbound: 86 V.P .H. P.M. Inbound: 89 V.P.H. P.M. Outbound: 43 V.P.H. *Inclucies Phase tit, Existing and Projected 1991-92 Somerset HiDs Division 2 The City may require supplemental environmental review prior to this phase ON-SITE IMPROVEMENTS Sewer Service: 0.14 CFS Total 0.07 CFS East to Irving 0.07 CFS West to Crosby 40 G.P .M. Domestic Water Service: Pressure Zone 4 Abandon Temporary Booster Pump Stormwater: Stormwater to conform to City standards and the North Tumwater HiD Master Plan, and any supplemental environmental review, if required. Streets: Construct to City standards within dedicated right-of-way OFF-SITE IMPROVEMENTS - EXISTING OR PREREQUISITES - Barnes Boulevard Constructed From Crosby to I Street (30 foot wide pavement with sidewalk) - Signal at Mottman and Crosby Boulevard - New Storage Tank for Pressure Zone 4 - Reserve Connection to 7th Avenue OFF-SITE IMPROveMENTS - CONSTRUCTED WITH PHASE - Dedicate Park if Regional Park System Not li1 Place (latecomers Agreement Anticipated from Phases IV, V, VI, Single Family, CUltBllt:lcial and Off-site Users of the Facility.) - Complete loop Road from School to Barnes Boulevard. (latecomers Agreement Anticipated - Phase IV and V.) 'I OFF-SITE IMPROVEMENTS - DEFERRED - SignaJization at 2nd and Unwood, Prorata Share Based on Peak Hour - Signalization at Barnes and Crosby, Prorata Share Based on Peak Hour - Improvements of 101 Interchange, Prorata Share Based on Peak Hour 11-H j I I $()M!RSt: T HILL MASTER PLAN SUMMARY OF PHASE IV - 1993-94 p.o.pulatio.n: ~~I Age Children: lJ.nlt eQUAt ~~I~: "'FfaMio GeAeratlon:. 12.: 5.5 338 47 162 13 1090 Acres Acres Nbrhd Comm People Students (K-12) Apartment Units Units/Acre A.W.D.T. for M.F Area: A.M. Inbound: 18 V.P.H. A.M. Outbound: n V.P.H. P.M. Inbound: 80 V.P.H P.M. Outbound: 39 V.P.H. *Includes Phase IV, Existing and Projected 1993-94 Somerset Hills Division 2 The City may require supplemental environmental review prior to this phase ON-SITE IMPROVEMENTS Sewer Service: 0.09 C.F.S. Total 0.06 C.F.S. to Irving 0.03 C.F.S. to Crosby 28 G.P .M. Water Service: Pressure Zone 4 Stormwater: Stormwater to conform to City standards and the North Tumwater Hill Master Plan. and any supplemental environmental review, if required. Streets: Construct to City standards within dedicated right-of-way. Complete 8arnes Boulevard frontages. OFF-SITE IMPROVEMENTS - EXISTING OR PREREQUISITE - Barnes Boulevard Constructed From Crosby to I Street (30 foot wide pavement with sidewalk) - Signal at Mottman and Crosby - New Storage Tank for Pressure Zone 4 - Neighborhood Park - Complete Loop Road from School to Barnes Boulevard - Consider Upgrade to Westbound off-ramp at 101 (Subject to Further Traffic Studies and Regional Needs) , OFF-SITE IMPROVEMENTS - CONSTRUCTED WITH PHASE None OFF-SITE IMPROVEMENTS - DEFERRED - Signalization at 2nd and Unwood, Prorata Share Based on Peak Hour - Signalization at Barnes and Crosby, Pro rata Share Based on Peak Hour 11-K ) SOMERSET HILL MASTER PLAN SUMMARY OF PHASE V . 1995-96 Density: Traffic Generation:. 24.9 351 e 5.5 915 Acres People Students (K-12) Apartment Units Duplex Units Units/Acre A.W.D.T. Area: Population: School Age Children: Unit Count A.M. Inbound: 84 V.P.H. A.M. Outbound: 87 V.P.H. PM. Inbound: 42 V.P.H P.M. Outbound: 22 V.P.H. *Includes Phase V, Existing and Projected 1995-96 Somerset Hills Division 2 The City may require supplemental snWonmental review prior to this phase ON-SITE tMPOO~ENTS Sewer: To 7th Avenue 0.09 C.F.S. 26 G.P.M. Water Service: To Barnes Blvd & Pressure Zone 4 Stormwater: Stormwater to conform to City siandards and the North Tumwater HiD Master Plan, and any supplemental enviroldTlelitaf review, if required Streets: Construct to City standards within dedicated right-of-way. Complete Barnes Boulevard frontages OFF-SITE IMPROVEMENTS - EXISTING OR PREREQUISITE - Barnes Boulevard Constructed from Crosby to I Street (30 foot wide pavement with sidewalk) - Signal at Mottman and Decatur - New Storage Tank for Pressure Zone 4 - Neighborhood Park - Complete Loop Road from School to Barnes Boulevard - Consider Upgrade to Westbound Off-Rarnp at 101 (Subject to Further Traffic Studies and Regional Needs) OFF-SITE IMPROVEMENTS - CONSTRUCTED WITH PHASE - Extend Sewer to 7th and l, if Capacity Exists - InstaB Signal at Crosby and Barnes - Signal at 2nd and Unwood OFF-SITE ~RO'l~NTS - DEFERRED None 11-" ) - SOMERSeT HILL MASTER PLAN SUMMARY OF PHASE VI . 1997.99 Area: Population: School Age Children: Unit Count Density: Traffic Generation:. 38.8 456 104 152 3.9 9SO Acres People Students (K-12) Duplex Units Ums/Acre A.W.D.T. A.M. Inbound: 13 V.P.H. A.M. Outbound: 63 V.P.H. P.M. Inbound: 63 V.P.H PM. Outbound: 32 V.P.H. .lncIudes Phase VI, Existing and Projected 1997-99 Somerset Hilts Division 2 The City may require supplemental environmental review prior to this phase ON-SITE IMPROVEMENTS Sewer Service: Connect To: Pump to Crosby or Gravity to 7th 0.13 C.F.S. Water Service: Connection To: Pressure Zone 3 Loop Crosby to Barnes Stormwater: Stormwater to conform to City standards and 1he North Tumwater HiD Master Plan, and any supplemental environmental review. if required. 34 G.P.M. Streets: Construct to City standards within decfacated right-of-way. Complete Barnes Boulevard frontages OFF-SITE IMPROVEMENTS . EXISTING OR PREREQUISITE - Barnes Boulevard Open to Crosby to I Street - Signal at Mottman and Decatur - New Storage Tank for Pressure Zone 4 - Neighborhood Park - Complete Loop Road from School to Barnes Boutevard . Consider Upgrade to Westbound Off-Ramp at 101 (Subject to Further TraW'1S Studies and Regional Needs) - Signal at 7th and Unwood (Sub;ect to fUr1her traKlC sb des) - Extend Sewer to 7th and I (1f capacity Pists) - Install Signal at Crosby and Barnes OFF-SITE IMPROVEMENTS. CONSTRUCTED WITH PHASE - Connect Barnes to 7th - Pedestrian Only in 50 Foot Right-of-Way. Consider Need to Provide Through Traffic'link (Subject to Future Traffic Studies and City Plans). - Extend Crosby to South Property Une. (May be installed in Phase II-C of Single Family if it Precedes Phase VI. . Intersection Widening/Channelization at Somerset Road and Crosby OFF-SITE IMPROVEMENTS . DEFERRED 11-Q J I I None 677 Woodland Squa1'C Lp 51<: Lacey, WA 98503 P.O. Box 3485 Lacey, WA 96509-34[\5 (36<)) 493-6002 (888) 493-6002 Toll Frc~ (360) 493-2476 Fax cimflles/scarat8s.xls . ENGINEERING Billing Rate Schedule Effective February 1998 Classification Principal Project Manager Project Engineer II Project Engineer I Design Engmeer II Design Engineer I Sr Land Surveyor Land Surveyor Semor Planner Transportation Planner Traffic Analyst Engineering Tech III Engineering Tech II Engineering Tech I Survey Technician Admin/Marketing Clencal 2-Man Survey Crew 3.Man. Survey Crew Direct project expenses and reproduction costs are billed at cost plus 15% Hourly Rate (In dollars) 110 85 75 65 60 55 85 60 65 75 60 60 55 45 45-55 50 40 105 140 r , v I \ TRA N&rORT~l JON P I. ANN I N r, . SUR v' E Y , N C 1 .! - ~ I I r: I' 1- 1'-.1 3/19/98 F II _ Report Date: 3/18/98 SKILLINGS-CONNOLLY, INC. Employee Billing Schedule Page: Selection Criteria - From Schedule: YM Thru Schedule: YM From Employee: 101 Thru Employee: Include Terminated Employees (Y/N)7 N (Does Not Include Defaults) 991 Schedule Employee Code Employee Name Staff Code DEPT PHASE TASK Bill Rate Multiplier Cost Rate OT Mult YM 101 Thomas Skillings 100 100.00 1.000 0.00 0.00 103 Robert Connolly 100 97.15 1.000 0.00 0.00 104 Laura Sk ilti ngs 100 85.71 1.000 0.00 0.00 204 John Crossman 200 57.68 1.000 0.00 0.00 210 Kelly Harris 200 77.20 1.000 0.00 0.00 211 Stephen Thomas 200 91.20 1.000 0.00 0.00 214 Larry Blackerby 200 71.43 1.000 0.00 0.00 219 John M. Tevis 200 74.17 1. 000 0.00 0.00 220 Lyle P. Renz 200 91 .23 1.000 0.00 0.00 222 Gary Wheeler 200 97.15 1. 000 0.00 0.00 223 Barry Morehead 200 80.00 1.000 0.00 0.00 409 Debra Delzell 400 58.57 1. 000 0.00 0.00 412 Bri an Matthews 400 58.57 1.000 0.00 0.00 413 Jason Bruhn 400 53 35 1.000 0.00 0.00 415 Manuel Abarca 400 47.15 1. 000 0.00 0.00 416 Zheng John Lu 400 45.71 1.000 0.00 0.00 504 Bruce Robison 500 85.72 1. 000 0.00 0.00 659 Mark Watkins 650 55.00 1. 000 0.00 0.00 702 Jack Swarthout 700 52.20 1. 000 0.00 0.00 707 Kenneth Schuh 700 40.00 1 000 0.00 0.00 818 Travis D. Sater 800 48 57 1. 000 0.00 o 00 819 Lane Sater 800 45.15 1.000 0.00 0.00 827 Krista Kinmel 800 38.29 1 000 0.00 0.00 903 Lisa Robinson 900 40.00 1. 000 0.00 0.00 904 Nita Bruhn 900 31.43 1. 000 0.00 0.00 936 Bryan Connolly 900 14.72 1 000 0.00 0.00 937 Pat Umino 900 31.43 1.000 0.00 0.00 938 Jul i e Kraman 900 31 43 1. 000 0.00 0.00 940 Sean Conno II y 900 14.72 1 000 0.00 0.00 ------------------------------------------------------------------------------------------------------------------------------ -; 6.. !i SkiLLiNGS,. CONNOLLy INC. CONsulTiNG ENGiNEERS March 17, 1998 #98007 task 137 City of Yelm POBox 479 Yelm, WA 98597 A TTN Ms. Cathie Carlson RE DRAGT I DETRA Y MASTER PLAN APPLICATION Dear Cathie I have reviewed the application and the previous Master Plan Approval I have enclosed my hand written notes and comments for you to use when you get to the review process I have kept a copy for our files Some of the items are just questions or areas where we need additional information Also enclosed is copy of our most recent billing rate schedule to include in the contract with the proponent. (Shelly asked for this billing rate schedule) Sincerely, SKILLlNGS-CONNOLL'f, INC. Jng Engineers ThO~iIIingS' P E. prin~;t. Sk TES\lr (q:\project\1998\98007\task137\1tr317ts.doc) Enclosure CIVIL. TRANSPORTATION. ENVIRONMENTAL PO BOX 5080 LACEY, WAs~iNGTON 98509.5080 }60/491.B99 1.800-454.7545 FAX 491.}857 E.MAil skilliNGS@skilliNGS.COM " ~ t>. Report Date 3/18/98 SKilliNGS-CONNOllY, INC. Employee Billing Schedule Page: Selection Criteria - From Schedule: YM Thru Schedule: YM From Employee 101 Thru Employee: Include Terminated Employees (Y/N)? N (Does Not Include Defaults) 991 Schedule Employee Code Employee Name Staff Code DEPT PHASE TASK Bill Rate Multiplier Cost Rate OT Mult YM 101 Thomas Skillings 100 100.00 1 000 o 00 o 00 103 Robert Connolly 100 97 15 1 000 0.00 o 00 104 laura Skill ings 100 85.71 1.000 o 00 o 00 204 John Crossman 200 57.68 1.000 o 00 o 00 210 Kelly Harris 200 77 20 1.000 o 00 o 00 211 Stephen Thomas 200 91 20 1.000 0.00 0.00 214 Larry Blackerby 200 71 43 1 000 0.00 o 00 219 John M. Tevi s 200 74 17 1 000 0.00 o 00 220 Lyle P Renz 200 91 23 1.000 0.00 0.00 222 Gary Wheeler 200 97.15 1.000 0.00 0.00 223 Barry Morehead 200 80.00 1.000 0.00 o 00 409 Debra Delzell 400 58.57 1. 000 0.00 o 00 412 Brian Matthews 400 58.57 1. 000 o 00 o 00 413 Jason Bruhn 400 53 35 1 000 0.00 0.00 415 Manuel Abarca 400 47 15 1 000 0.00 o 00 416 Zheng John lu 400 45 71 1.000 0.00 0.00 504 Bruce Robison 500 85.72 1 000 0.00 0.00 659 Mark Watkins 650 55 00 1 000 0.00 0.00 702 Jack Swarthout 700 52 20 1.000 0.00 o 00 707 Kenneth Schuh 700 40 00 1. 000 0.00 o 00 818 Travis D Sater 800 48 57 1 000 0.00 o 00 819 lane Sater 800 45 15 1 000 0.00 o 00 827 Krista Killll1el 800 38 29 1.000 0.00 0.00 903 Li sa Robi nson 900 40.00 1.000 0.00 o 00 904 Nita Bruhn 900 31.43 1.000 0.00 0.00 936 Bryan Connolly 900 14.72 1.000 0.00 o 00 937 Pat Umino 900 31.43 1.000 0.00 o 00 938 Jul ie Kraman 900 31.43 1.000 0.00 o 00 940 Sean Conno II y 900 14.72 1.000 o 00 0.00 ------------------------------------.-----------.----------------------------------------------------------------------------- ....... I. '1 .:... .:.. ~.,'.. 1. . ' 1. ~ ~ _ o o ~~ OWENS DAVIES MACKIE} Attorneys at Law 926-24th Way S W, Olympia, WA 98502 POBox 187, Olympia, WA 98507 Phone (360) 943~8320 Fax (360) 943-6150 D~llrv"- \J ............--- ..d>.. ~--+--........., "FAX" COVER SHEET TO Shelly Badger f r;}]~I' ._) n~Lb 8 L 155-4348 FROM A.W (ScJ'ldy) Mack .:.; DATE October 11 J 1996 NUMBER OF PAGES 7 (including this page) DOCUMENT Draft letter and development agreement re Dragt rnMMENTS Here is a draft package re Dragt for your review, comment and approval. I have also faxed these to Frank Kirkbride (Dragt's attorney) for his comment. I LHd copy will not be sent r-.....- 1 THIS FACSIMILE MAY CONTAIN CONFIDENTIAL, PRIVILEGED INFORMATION INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED DO NOT READ, COPY, OR DISSEMINATE THIS INFORMATION UNLESS YOU ARE THE ADDRESSEE (OR "fHE PERSON RESPONSIBLE FOR DELIVERING IT) IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE CALL US COLLECT IMMEDIATELY AI 360-943. 8320 AND RETURN THE ORIGINAL COMMUNICATION TO OWE:.NS DAVIES MACKIE, PO BOX 187 OLYMPIA, WA 9.!507 ,-VIA .2!~~ PO_~ T A~._~_~f~y'IC~._~_~1 L!N_~~_9.~~~_.~_~~!3E_~~ 1M ~_LJ_f3.? E~}!i!':!'l ~_'t9U If you did not receive all coples, or If any are t1leglble, please call K;;:lren at (360) 943-8320 o o L'~A;= 1 October 11, 1996 Frank Kirkbride The Kirkbride Group, Inc 4405 Seventh Avenue SE, Suite 301 Lacey, WA 98503 RE Dragt Farm Property Dear Frank I appreciate your patience In connection with the Dragt Property, but I believe the City IS now in a better position to answer your questions We have discussed a predevelopment agreement which deals with the issues necessary to complete the final master pltln for your chent's property The property is pari of Ule Southwest Yelm annexation and prevIous work Jnc;ludes the annexation, tIle approval of a preliminary master plan, and the adoption of the City ComprehenSive Plan which designates your property for master plan approval The next step is the filing of an application for final master plan approval The application should follow the submiSSions identified in Chapter 17 62 of the Yelm Code, see copy attached The key to your final master plan IS to Identify the types of uses you will need to accomplish the overall goals for the property identified in tile preliminary plan and EIS My understanding IS that the property was to accommodate up to 800 units, but given the terrain and environmental issues a range of densities from 500-,800 units would be appropriate The final plan should identify the phases of the project by large lots whIch will be segregated as part of the master plan approval and Will be used for future project specific approvals Key utility and transportation corridors must be identified and dedIcated or reserved for dedication at this tll11e Internal Circulation should be identified in a typIcal fashion which demonstrates how the proposed densities are to be accomplished Yelm 1 l... ~ 'L' ;.. ',' L!..... . ~"11 l. .l.. ;,;.. __I__"T__l__ o o Frank Kirkbride October 11, 1996 Page 2 would consIder too Iowa density or the inability to reach the target range a significant impact The large lots would be Identified as to prOjected densities and uses, including low density residential (4~6 units per acre), medIum density residential (6-12 units per acre), and hIgh density resIdential (over 12 units per acre) The City has no specific denSity limit per acre, and the calculation would be based upon gross denSity within the lot to be developed As we discussed, it is too soon in a project of thIs size to specify the precise number or location of units Rather, you should identify the types of housmg contemplated In each of the designations and you may identify other criteria, such as 'Iselllor housIng," which may have a different setting, mix, or standards You may also apply for a preliminary plat and/or binding site plan for any project which you may wish to commence upon final approval of the master plan For subsequent phases, the final builder would be bound by the densities, range of unIts, and other specific standards built into the approval, but would have flexibility within the guidelmes to shift among differing housing types to meet market needs and conditions Such fleXibility IS specifically contemplated in the ordinance and would not require a plan amendment If future events suggest a material change, that would always be possible, but would require consideration by the Planning Commission and the City Council and a formal amendment to the plan Any such change would require a consideration of the fit, consequences, impacts, and public IIlterest In the proposed change A wider area environmental assessment would also be required The second step In the consideration is the environmental review The suggested approach is an addendum to the City's Comprehensive Plan EIS dated January 3, 1995 The key impacts would be specific environmentally sensitive areas and how they are to be treated and protected III the final plan, and the Issue of concurrency Concurrency is an issue which must be considered closely in connection With tl18 master planned areas ~!The Dragt property IS not presently served by sewer Tile Comprellenslve Plan reqlllres all propertIes not on sewer to be developed at a one unit per five acre density until sewer IS available The City does have plan approval for a sewer plant extension which will serve your client's property Funding IS not yet In place, however, and until a plan for the development of adequate sewer facilities IS In place, Including plant upgrades, sewer lines, and discharge points, sewer is not available ~ We Il8ve said that once such financing and other approvals are in place, the City will allow development on sertlc which r.::Jn be converted to sewer, so long as County stElndard3 for septic and City standards for maintenance and conversion are met .:... 'I l'iU"" I , II I, - - - .... . - - o o Frank Kirkbnde October 11, 1996 Page 3 Concurrency also affects water, transportation, parks, and schools The environmental review should identify not only the entire plan, but the proposed phases, and the concurrency-related facilities (1) which are a prerequIsite to the phase commencing, (2) whlch must be developed in conjunction with each phase, and (3) which must be developed at a later phase, but for which the phase under development will provIde some form of advance payment, latecomer contnbution, LID contribution, or other approprIate faIr share mechanism to spread the costs equitably to the project The City does not anticipate having funds available for City contribution or overSizing, but is happy to work with developers to create developer-sponsored LID's, latecomer agreements, and other equitable fund sllaring or recapturing techniques The environmental documents may be prepared by your consultant and reviewed by the City, or you may contract with the City to prepare tile environmental review for your project In either event the costs of the City's efforts are chargeable to your client In additIon, the City will need to recover Its actual costs of project review and approval through the attached development agreement Because your project will involve major Investment in professIonal services for engineering, environmental, traffic, and legal, as well as staff tIme, the application fee is the actual cost of processing your proposal In exchange, the City is prepared to outline and stlqk to a time schedule which will assure that your proposal is timely and expeditiously reviewed I look forward to working with you on this project Very truhl 1ft'" If.... '1 yv,-",;), OWENS DAVIES MACKIE AleXander \/V Mackie AWM/kr Enclosures cc Shelly Badqer Cathie Cal ':i m C \53\Ydrl)\~ rrHH Ide It wprJ "" o..:.ll !.. - I' '':':' ' lH!"" l' i I" 1"'" .!.l _:!_ I_I _, '":' _11_1 o o DRAFT SOUTHWEST YELM ANNEXATION AREA DEVELOPMENT AGREEMENT [Dragt Property Development] THIS AGREEMENT dated this day of , 1996, by and between the City of Yelm, hereafter referred to as tile "City," and [Dragt property developer] hereafter referred to as the "Sponsor" WITNESSETH 1 The Sponsor is the owner of the property descnbed III ExhibIt A attached hereto, WfllCh property was annexed to the City under the terms of tile Southwest Yelm AnnexatIon Agreement dated November 23, 1993 2 The City and Sponsor have concluded the approval of tIle annexation, Comprehensive Plan designation, and development regulatIon approval for a planned community, and conceptual master plan approval for a planned community on Sponsor's property as contemplated in the referenced Annexation Agreement. 3 The Clty has filed for and contlllues to seek approval for modifications to its Water and Sewer ComprehenSIve Plans to identify the method, financing, and tnning of provIding adequate water and waste water facilIties to the Sponsor's property 4 TI18 Sponsor has approached the CIty with a request to process the final step of the annexation/master planning process contemplated in the referenced Annexation Agreement and the parties desire to Identify in greater detail the steps required and the responsibilities of each III connection with future reviews and approvals 5 The final master plan approval process IS specific to Individual properties and the City has agreed that each of the major properties may proceed with final master plan approval, dealing With issues offinallayout, phaslllg, Infrastructure, and other project specific development Issues, independent of the tll'r1lng of development of the other properties wlthlll the preliminary master plan 6 The processing of IndlvJdual master plans WIll require a final review of the issues of phaSing, concurrency, and the adequacy of faCilities, and particularly water, wastewater, transportation (both on site and off SIte), and the allocation of responsibility, costs, and the proposed timing of the final plan 7 This Agrp....11ent is a continuation of Hle Southwest Yelm Annexation Agreement dated N ier 23, 1993, and shall supplement and supercede said agreernent with re;, ) the proce,,;mg of the final master plan for SPllrlsor's property C ,r} .\W 81rn\DevAgr.clmot wpu 1 o o NOW THEREFORE, In consideration of the mutual covenants and restrictions contained herein, the parties do hereby agree as follows Schedule: A. Master Plan ApplicatlQIl The Sponsor proposes to file the master plan and related application On or before The applications to be reviewed shall include 1 A final master plan with the Information required by Chapter 17 62 of tile Yelm City Code 2 An environmental revIew in the form of an addendum to the eXisting environmental documents (Supplemental EIS If any material changes are contemplated) 3 Any specific grading plans or preliminary plans for which Sponsor requests approval in advance of final master plan approval and a Justification demonstrating that the conceptual work will not adversely affect the final master planning process B Certification of Completen~~ The City shari review the matenals submItted in conjunctIon with the final master plan and associated permits for completeness and advise Sponsor of the status of the application rnaterials wIthin 30 days of the date the application is received C Environmental Documents The environmental documents shall detail Ule proposed phasing, the units associated with each phase, the on site and off site Improvements to be Installed with each phase, and Identify the means by which concurrency shall be measured for each phase The City will prOVide reView and guidance seoping the addendum, commenting on the drafts, and ultimately issUIng th~ final approval Nothing In this Agreement commits the City to any specific result With respect to the final plan, as the City Will exercise its judgment Within the constraints of the City's adopted plans, regulations, and state laws with respect to development approvals The City agrees to respond to each- phase of the environmental review process wlUlin 30 days of Sponsor's submittals D Prellmln~ry Permits The City will issue a grading permit for preliminary on site 'lv'ork where (1) the grading will not materially interfere with the development of the final master plan, and (2) the grading will not result In any significant adverse environmental impacts, including but not limited to ony rnatenal impact to critical areas c \e-d\Y\';lm\UeY/\~jr cJr8gt wpd 2 o o E Final Master Plan Hearlng~ The City wIll schedule public hearings before Hle PlanninG Commission on the final master plan 60 days after trle publication of a eM, rlpproved addendum (or final SEIS If a material change IS propo~ed) PUlJii\" hearings by the City Council shall be held 60 days after tile Planning Commission hearing F Eel{lr:"'I ",iaft' The City review staff shall be City staff- Shelly Badger, CaUlie Carlson, Ken Garmann Adolfson Associates. Inc -environmental review Skillings-Connolly. Inc -sewer and water S Chamberlain & Associates, Inc -transp0l1atlon 'Jwens Davies Mackie-land use and envlronrnentallegal review and process, legal documentatIon G Funding The Sponsor shall pay the direct custs of the revIew of Its project by the Identified consultants at the rates and charges Identified on Exhibit B The CIty stlall Invoice Sponsor as costs are Incurred City invoices shall be paid withlll 30 days of receipt. Any delInquency Iff paying City invoices shall be grounds for the City to stop the_ process The final approval .!:leed not be given to the project until all invoices assocIated with thiS Agreement are fully paid H Amendmel1t ThiS Agreement IS an amendment to the Annexation Ag~ement dated November 23, 1993 which, except as superceded above, shall remain III full force and effact IN V'JITNL~)S WHEREOF, the parties have executed HllS Agreement as ut tt:, ,j tlr- and year first written above [Dragt property developer] By CITY OF YELM By ( \~.,.i\ {r. I l\Ul~',I;^'qr rJrdSjt "p'l J I' \ _1:)\: r r 1 -! -I -I '[I II If 1-1 r: ~ _ i....:1 1 III 1111\11; II!", I' ~ VI !i ", tll ~ I I'IF I L 0' .L . .1" ..- FA Nil :: 1:, Ci '~ 4 :: 1:, 1 ~I CI o F' 1 ~ OWENS DAVIES MACKIE, Attorneys at Law 926-24th Way S W , Olympia, WA 98502 POBox 187, Olympia, WA 98507 Phone (360) 943-8320 Fax (360) 943-6150 D~~ .~---- ~ -..--+---.................. "FAX" COVER SHEET TO Shelly Badger EaL"~.J rrl.-bex .~58 4348 FROM A W (S8ndy) Mach 1 DATE October 11 J 1996 NUMBER OF PAGES 7 (including this page) DOCUMENT Draft letter and development agreement re Dragt COMMENTS Here is a draft package re Dragt for your review, comment and approval. I have also faxed these to Frank Kirkbride (Dragt's attorney) for his comment. I Lud copy will not be sent THIS FACSIMILE MAY CONTAIN CONFIDENTIAL, PRIVILEGED INFORMATION INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED DO NOT READ, COPY, OR DISSEMINATE THIS INFORMATION UNLESS YOU ARE THE ADDRESSEE (OR TH~ PERSON RESPONSIBLE FOR DELIVERING IT) IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE CALL US COLLECT IMMEDIATELY AT 360-943- 8320 AND RETURN THE ORIGINAL COMMUNICATION TO OWENS DAVIES MACKIE, PO BOX 187, OLYMPIA, WA 98~07, VIA THE PO.~TAL S.5~YJ~~~.__~~.I.~~~_~_~2?_~~_YVI~~_~E _~~~~BURSED THA~~ YQ~_ ______._ If you dId not receive all copies, or If any are illegible, please call Karen at (360) 943-8320 ]11-1] =11:, II c_' Hi] I' I " I I I II T - 1\ - ':11:, FF: I ~ -, il F'M I ; IIWEN'" I'.~,VIE', M.~,i J:IE o FAN I I :: 1:, D ':14 :: 1:, 1 ~II:I P -I I I I I o I DRAFT ] October 11, 1996 Frank Kirkbride The Kirkbnde Group, Inc 4405 Seventh Avenue SE, Suite 301 Lacey, WA 98503 RE Dragt Farm Property Dear Frank I appreciate your patience in connection with the Dragt Property, but I believe the City IS now in a better position to answer your questions We have discussed a predevelopment agreement which deals with the issues necessary to complete the final master pli:ln for your chent's property The property is pari of Ule Southwest Yelm annexation and prevIous work mcludes the annexation, the approval of a preliminary master plan, and the adoption of the City ComprehenSive Plan which designates your property for master plan approval The next step is the filing of an application for final master plan approval The application should follow the submIssions identified in Chapter 17 62 of tile Yelm Code, see copy attached The key to your final master plan is to Identify the types of uses you will need to accomplish the overall goals for the property identified in the preliminary plan and EIS My understanding IS that the property was to accommodate up to 800 units, but given the terrain and environmental issues a range of densities from 500~800 units would be appropriate The final plan should identify the phases of the project by large lots whIch will be segregated as part of the master plan approval and Will be used for future project specific approvals Key utility and transportation corridors must be identified and dedicated or reserved for dedication at this tlr'lle Internal circulation should be identified in a typical fashion which demonstrates how the proposed densities are to be accomplished Yelm I'I ll-'~ih 1,_ _ Flvl FII::' III T -)! -':11:, FE! _ ~4 PM !lVlEN", ['r,VIE"" M,U, , I:!E o F }l, N' I :: 1:1 0 ':1 4 :: 1:, I ~II:I P :: o Frank Kirkbride October ii, 1996 Page 2 would consider too Iowa density or Ule inability to reach tile target range a significant impact. The large lots would be Identified as to prOjected densIties and usesj including low denSity resIdential (4~6 units per acre), medium density residential (6-12 units per acre), and high density residential (over 12 units per acre) The City has no specific denSity limit per acre, and the calculation would be based upon gross denSity wjthin the lot to be developed As we discussed, it is too soon in a project of this size to specify the precise number or location of units Rather, you should identify the types of housing contemplated In each of the designations and you may identIfy other criteria, such as "senior housltlg," which may have a different setting, mix, or standards You may also apply for a preliminary plat and/or binding sIte plan for any project which you may wish to commence upon final approval of the master plan For subsequent phases, the final builder would be bound by the densities, range of units, and other specific standards built into the approval, but would have flexibility within the guidelllles to shift among differing housing types to meet market needs and conditions Such fleXibility IS specifically contemplated in the ordinance and would not require a plan amendment If future events suggest a material change, that would always be possible, but would require consideration by the Planning Commission and the City Council and a formal amendment to the plan Any such change would require a consideration of the fit, consequences, impacts, and public interest In the proposed change A wider area environmental assessment would also be required The second st~p In the consIderation is the environmental review The suggested approach is an addendum to the City's Comprehensive Plan EIS dated January 3. 1995 The key Impacts would be specific environmentally sensitive areas and how tlley are to be treated and protected In the final plan, and the Issue of concurrency Concurrency is an issue which must be considered closely in connection With ttle master planned areas illThe Dragt property IS not presently served by sewer The Comprehensive Plan requires all propertIes not on sewer to be developed at a one unit per five acre density until sewer is available The City does have plan approval for a sewer plant extension which will serve your client's property Funding IS not yet In place, however, and until a plan for the development of adequate sewer facilities IS In place, Including plant upgrades, sewer lines, and discharge points, sewer is not available ~ We have said t11at once such financing and other approvals are in place. the City will allow development on septic which r.:;m be converted to sewer, so long as County standards for septic and CIty standards for maintenance and conversion are met. ! 11- 11 i 1- "_ ,.l-M F II III T_i - Gp] _ ~=' PM I 1\',,1EN ", , [I,wl/IE", Mr,1 ErE o F r, }il I :: 1=, 0 ':14:: t,l =,0 o F 4 Frank Kirkbnde Qctober 11, 1996 Page 3 Concurrency also affects water, transportation, parks, and schools The efwlronmental review should identify not only the entire plan, but the proposed phases, and the concurrency-related facilities (1) which are a prerequIsite to the phase commencing, (2) which must be developed in conjunction with each phase, and (3) which must be developed at a later phase, but for which the phase under development will provide some form of advance payment, latecomer contnbution, LID contribution, or other appropriate fair share mechanism to spread the costs equitably to the project The City does not anticipate having funds available for City contribution or oversizing, but is happy to work with developers to create developer-sponsored LID's, latecomer agreements, and other equitable fund sllaring or recapturing techniques The environmental documents may be prepared by your consultant and reviewed by the City, or you may contract With the City to prepare the environmental review for your project. In either event the costs of the Cttis efforts are chargeable to your client In addition, the City will need to recover Its actual costs of project review and approval through the attached development agreement Because your project will involve major Investment in profeSSional services for engineering, environmental, traffic, and legal, as well as staff time, the application fee is the actual cost of processing your proposal In exchange, the City is prepared to outline and stick to a time schedule which will assure that your proposal is timely and expeditiously reviewed I look forward to working With you on this project Very truly yours, OWENS DAVIES MACKIE Alexander W Mackie A WM/kr Enclosures cc Shelly Badger Cathie Carbon C \53\Y(:IIll\kirkbride It wpd l j! j 1 i i ! I ~ I F ['"i] I il o FAN, , =: !JI'H =: I:d ~,Ci o F' ~, - - -!I ''',.,11"' I ""E"'!I T'IE T - i - ':11:, FE I _ J:, f'IIl ' ",N t j '" '}\ \1 1 '" 1I}1.' j\ DRAFT SOUTHWEST YELM ANNEXATION AREA DEVELOPMENT AGREEMENT [Dragt Property Development] THIS AGREEMENT dated this day of , 1996, by and between the City of Yelm, hereafter referred to as the "City," and [Dragt property developer] hereafter referred to as the "Sponsor" WITNESSETH 1 The Sponsor is the owner of the property descnbed In Exhibit A attached hereto, which property was annexed to the Cjty under tl18 terms of ttle Southwest Yelrn Annexation Agreement dated November 23, 1993 2 The City and Sponsor have concluded the approval of the annexation, Comprehensive Plan designation, and development regulation approval for a planned community, and conceptual master plan approval for a planned community on Sponsor's property as contemplated in the referenced Annexation Agreement. 3 The City has filed for and continues to seek approval for modifications to its Water and Sewer ComprehenSive Plans to identify the method, financing, and timing of provIding adequate water and waste water facilities to the Sponsor's property 4 Tile Sponsor has approached the City with a request to process the final step of tile annexation/master planning process contemplated in the referenced Annexation Agreement and the parties desire to Identify in greater detail the steps required and the responsibilities of each Ifl connection With future reviews and approvals 5 The final master plan approval process is specific to individual properties and the City has agreed that each of the major properties may proceed with final master plan approval, deahng With issues of final layout, phaSing, Infrastructure, and other project specific development Issues, independent of the tillllng of development of the other properties Within the preliminary master plan 6 The processing of indiVIdual master plans WIll require a final review of the issues of phaslIlg, concurrency, and the adequacy of faCilities, and particularly water, wastewater, transportation (both on site and off Site), and the allocation of responsibility, costs, and the proposed t1mmg of the final plan 7 This Agreprllent is a continuation of the Southwest Yelm Annexation Agreement dated N, ,er 23, 1993, and shall supplement and supercede said agreernent with rGs; ) the proce~slrlg of the final master pliJn for Sponsor's property C '\63\ Y ehn\DevAgr-dragl wpd 1 l ill I ~ -I I II fM f II I ; - 1 i - '~i 1:, F~' 1 -,e"' PM !lINEN', IlrJIE'-', Mr,i ElE o F ,~, Nil =,1:, D 'H =: I:,) ::' D o p 1:, NOW THEREFORE, In consideration of the mutual covenants and restnctions contained herein, the parties do hereby agree as follows Schedule: A Master Plan ApplicatlQn The Sponsor proposes to file the master plan and related application on or before The applications to be reviewed shall include 1 A final master plan with the Information required by Chapter 17 62 of tIle Yelm City Code 2 An environmental review in the form of an addendum to the eXisting environmental documents (Supplemental EIS If any material changes are contemplated) 3 Any specific grading plans or preliminary plans for which Sponsor requests approval in advance of final master plan approval and a Justification demonstrating that the conceptual work will not adversely affect the final master planning process B Certification of Completen~~ The City shall review the matenals submitted in conjunctIon with the final master plan and associated permits for completeness and advise Sponsor of the status of the application materials wIthin 30 days of tile date the application is received C Environmental Documents The environmental documents shall detail ttle proposed phasing, the units associated with each phase, the on site and off site Improvements to be Installed with each phase, and Identify the means by which concurrency shall be measured for each phase The City will provide revIew and guidance scoping the addendum, commentlllg on the drafts, and ultimately issuing th~ final approval Nothing in this Agreement commits the City to any specific result with respect to tile final plan, as the City Will exercise its judgment within the constralllts of the City's adopted plans, regulations, and state laws with respect to development approvals The City agrees to respond to each phase of the environmental review process Within 30 days of Sponsor's submittals o Prelrmim~ry Perl1llt~ The City will issue a grading permit for preliminary on site work where (1) the grading will not materially interfere with the development of the final master plan, and (2) the gradmg will not result In any significant adverse environmental impacts, indudll1g but not IIITlited to any matenal impact to critical areas C'\53\Yelrn\DevAgr-dregt wpd 2 j II 1 1 -j t II '7 FrIll rill" T I" 1 - - r: II 'i r 0 ,. ;'1 'f 11,1. 1 IHiii II!' II ~ V 1 F ' '. 1,/'[ ~ I V j" E ~I J... l.. J ..... ILl. . FAN I I :: I~I 0 '~I 4 :: I: =, 0 (~-\ o II ~ ! o E Einal Master Plan Heanng~ The City will schedule public hearings before the Planning Commission on the final master plan 60 days after the publication of a C(")fll~. I,-.ft,.. rlrproved addendum (or final SEIS If a material change IS propo~ed) PutJIIL. hearings by the City Council shall be held 60 days after the Planning Commission hearing F Review ~llifl' The City review staff shall be G , Jl I " \ l~ r/ (1.. "(0\1 \ .^~, ('v 1) ') J{11' I' H City staff Shelly Badger, CaU1ie Carlson, Ken Garmann Adolfson Associates, Inc -environmental review Skillings-Connolly, Inc -sewer and water S Chamberlain & Associates, Inc -transpor1atlon /)wens Davies Mackie~land use and environmental legal review and process, legal documentatron funding The Sponsor shall pay the direct Custs of the revIew of Its project by the Identified consultants at the rates and charges Identified on Exhibit B The CIty sllall Invoice Sponsor as costs are Incurred City invoices shall be paid withIn 30 days of receipt. Any delinquency lr1 paying City invoIces shall be grOLmds for the City to sto~process The final approval need=-om be given to the project until all --- ,....... ---- invoices associated with thiS Agreement are fully paia-~ :)-I! CL ( I Amendment ThiS Agreement IS an amendment to the Annexation Ag .~ement dated November 23, 1993 which, except as superceded above, shall remain In full force a nd eft act IN V'JITNL~)S WHEREOF, the parilS::; have executed thIS Agreernent a:;, of Ill, d tip. and year first written above [Dragt property developer] By CITY OF YELM By C \~h'\\ Yelrl1\DevAgrdragl.wfJ(1 3 I J. J\'l 111 I o o Date September 25, 1996 To Shelly Badger From. CathIe Carlson Re Cost EstImate for Plannmg and Transportation Staff Support for Thurston Highlands ApplIcatIOn Transoortation: ImtIal modelIng and dIstributIOn $ 800 00 (Dependmg on the compleXity and phasmg of the project addItIOnal dIstributIOn runs will need to be generated at an addItIOnal charge ) 40 hours to mclude $3,20000 Two scopmg meetmgs EIS Supplement RevIew wIth wntten recommendatIOns Two publIc heanngs ** additional hours to be billed at $95.00 per hour TransportatIOn Total $4,000 00 Plannin2: Staff: 70 hours to mclude $1,89000 Two scopmg meetmgs Two project team meetmgs EIS Supplement RevIew Master Plan SIte Plan ReVIew Plat RevIew Two publIc heanngs ** additional hours to be billed at $27.00 per hour Planning Staff Total $1,890 00 o o Date September 25, 1996 To Shelly Badger From Catlue Carlson Re Cost EstImate for Planmng and TransportatIOn Staff Support for Thurston Highlands Apphcatlon Transportation: ImtIal modelmg and dIstributIOn $ 80000 (Dependmg on the compleXIty and phasmg of the project additIonal dIstributIOn runs will need to be generated at an addItIonal charge) 40 hours to mclude $3,20000 Two scopmg meetmgs EIS Supplement Review wIth wntten recommendatIOns Two pubhc heanngs ** additional hours to be billed at $95.00 per hour Transportation Total $4,000.00 Plannin2 Staff: 70 hours to mclude $1,89000 Two scopmg meetmgs Two project team meetmgs EIS Supplement RevIew Master Plan Site Plan Review Plat RevIew Two publIc heanngs ** additional hours to be billed at $27.00 per hour Plannmg Staff Total $1,890.00 ; c~ o " o ~o MILLER'S CONSULTING Specializing in Wildliff' Biolag}' and ]r!/"II'J/rial DDlogy 7080 South I-Iolst I{oad Clilltoll WA 98236 · (360) 34l-0960 Gregg Miller, Wildlife Biologist 7080 Sooth Holst Road ClilltOIl, W^ !J823G . (:WO) 1~ I-m)()() Ms Badger OX.Th if, ~ J/d/;R OJ ~ (1)..7'1/11- :0 ~ U!Llf{r;. .J Qtl;fJ. . l '- t !,.(!, . ,~.. > (lA;Wi/S I~{!ne it fF:t #~ q; {~ Cc7U if:.t ~(lf}15i,d.t.;,~ 17 tJ ?V1(i5 _ /} AiT /hUt? , r:l t4l,V.L {Iv Trlg/flul. 3~ -- - --' f'\'~.'~~. \ f~ ((~-l}rf (1~ I , f ,~.:J ._~,'" \ 'I I ! \f' l, JUt. \ I I, I 'I' ' i' U \... ..., .:)Ilt:UY nauger CIty Admmlstrator CIty of Yelm POBox 479 Yelm, W A 98597 I' June 28, 1996 , l .J I enjoyed talkmg with you last week about the Thurston Highlands Golf Course development. I would lIke to provide WildlIfe expertise in the deSign and development of the area I see great opportumty to Increase the wIldlIfe value of golf courses while enhanCing the playmg expenence A wIldlIfe-fnendly course IS a more attractive course for players, IS often less expensive to mamtam, and can reduce local reSIstance to the development of new courses Courses and associated developments such as CollIer's Reserve In Flonda have found that an actIve environmental program including WIldlIfe enhancements attracts golfers. The greater the number of courses that are actIvely pro- enVironment, the less resistance there will be to golfing and golf developments. My broad range of wIldlIfe expenence along WIth my speCific knowledge of western Washmgton's WIldlIfe would be valuable In integrating wildlife concerns mto the overall development The best starting pOInt for a wlldlIfe-fnendly course IS the deSign stage. I see thiS as first workmg In conjunctIOn WIth the course archItect; laymg out holes and faIrways to protect eXIstIng habitat; deslgmng plantIngs for WildlIfe, aesthetICS, and maIntenance needs, and puttmg special habitat features Into the deSIgn. Later the grounds mamtenance/vegetatIon management program could be developed/modified to enhance the course for wIldlife All the elements need to mesh proVIdIng enjoyable, challengIng play, groundskeepmg and , mamtenance needs, and WIldlIfe enhancements. I encourage early Involvement to bnng wIldlIfe pnnclples Into thoughts about course design, potentials and constraInts; thiS can aVOId "remodel later" problems and costs I am famIliar WIth the Audubon InternatIOnal Signature Program for golf courses, and the Environmental Prmclples for Golf Courses In the Umted States developed m conjunction WIth the Center for Resource Management. Any efforts for WIldlife and other environmental concerns on the course should Incorporate Audubon's publIshed pnnclples. ThiS would work toward Audubon Signature status. \" .. ;;. o o Shelly Badger letter Page 2 My mterest m workmg wIth golf course desIgners and developers was sparked by my work wIth the Seattle Department of Parks and RecreatIOn. WhIle there, I worked on the Jackson Golf Course ThIS entailed helpmg locate an appropnate area for a stormwater detentIOn pond and provIdmg expertIse on desIgmng the pond to benefit wIldlIfe. I also provIded wIldlIfe and wetland mput m the redesIgn of some of the course's current tees and fairways. My pnmary task at the Seattle Parks Department was the development of an Urban WildlIfe Management Plan for the Department's 6,000 acres of parks and greenspaces. ThIs work was both enjoyable and rewardmg As sole author, I prepared the plan on a SIX month, fast-track schedule so the Department could mamtam elIgIbIlIty for state funds for urban wIldlIfe habItat acqUIsItIOn. I worked wIth public mterest and park advocacy groups, and balanced the concerns of these groups wIth ongomg recreation and the concerns of vanous CIty departments ThIS work IS very applIcable to mtegratmg wIldlIfe conservatIon WIth golf courses' the task IS to balance human recreatIOn and WIldlIfe needs on the same acreage An addItional aspect of a WIldlIfe fnendly course should be staff educatIOn and trammg about WIldlIfe and habItat. The greens keepers are the actual on-the-ground WIldlIfe managers I would find provIdmg trammg and WIldlIfe educatIOn for golf course staff enjoyable As part of my work at the Seattle Parks Department, I conducted small-group talks about WIldlIfe and habItat wIth grounds mamtenance and gardemng staff These talks were followed by on the ground seSSIOns dIscussmg SIte specIfic plantmg, vegetatIOn management, and WIldlIfe enhancements. I found the mamtenance and gardemng staff very receptIve to modIfymg practIces to promote wIldlIfe, whIch made my work partIcularly rewardmg. ThIS type of staff trammg and educatIon would be very possIble at Thurston HIghlands Some mformatIOn about myself and my firm IS enclosed. Feel free to call Smcerely, ~4A Gregg MIller MILLER'S CONSUT~qoING U Specializing in Widliie Biology and Terrestrial Ecology ~o 7080 South Holst Road, Clinton, WA 98236 . (360) 341-0960 Miller's Consultmg works wIth prIvate and publIc clIents m plannmg and project development by provIdmg serVIces m- Natural resource management planmng; WildlIfe habItat evaluatIons and assessments; PreparatIon of bIOlogIcal Impact analyses; PreparatIOn of BIologIcal Assessments for endangered and threatened species, mcludmg- Endangered and threatened specIes surveys CoordmatIon and consultatIOn wIth federal and state resource agenCIes MitIgatIOn planmng and development resultmg m "No Jeopardy DeCISIOns", Management of natural resource analysIs on large, complex projects, WildlIfe surveys, and wIldlIfe populatIOn studIes; Urban wIldlIfe management, IntegratIOn of human use and natural resource management of lands; Project Impact assessment, and mItIgatIOn planmng and development; ConsultatIon WIth federal and state resource agency personnel. By workmg WIth clIents early m project deSIgn, MIller's Consultmg aSSIsts m developmg cost effectIve solutIOns to harmomze proposed projects WIth natural resources ThIS early plannmg helps aVOId tIme consummg and expensIve COnflICtS between project development and natural resources_ MILLER'S CONSUCTING Specia/izingin Widlife Biology and Terrestrial Ecology , -.-----~.~-~~- '-~--.~_,.~^'.,_~~q__,,__~~_~"_~___.._._._'.~,..~,.,..,...--c_~"",,_.,__,,__.__,~~~. 7080 South Holst Road, Clinton. WA 98236 · (360) 341-0960 o MIllers ConsultIng has a broad range of project expenence dealIng WIth terrestnal ecology, wIldlIfe, and wetland Issues ThIS has mvolved analysIs of wIldhfe habItats, endangered species surveys, BIOlogIcal Assessments under the Federal Endangered SpeCIes Act, analysIs of potentIal Impacts from proposed development proJects, development of mItIgatIons for IdentIfied Impacts, consultatIOns WIth federal and state resources agenCIes, and development of wIldhfe management and natural resource management plans Selected project expenence PreparatIOn of the Seattle Department of Parks and RecreatIon Urban WildlIfe Management Plan, covenng over 6,000 acres of park land m Seattle. The WildlIfe Plan mtegrated human use of Park Department lands WIth wIldltfe habItat protectIOn and enhancement. Wildhfe analYSIS for FERC hydroelectnc hcensmg proceedmgs for the Cushman Hydroelectnc Project on the SkokomIsh RIver. Followmg the analYSIS, Federal Power Act SectIOn 4(e) lIcensmg condItIons for wIldhfe resources Important to the SkokomIsh Indian Tnbe were developed. ThIS work was conducted for the Bureau of Indian Affairs. PreparatIOn of BIOlogIcal Assessment under the Endangered SpeCIes Act for the TWIn Bndges project on the YakIma RIver In Benton, County WashIngton, covenng peregnne falcon, bald eagle, long-bIlled curlew, AleutIan Canada goose, and 8 other speCIes The BIologIcal Assessment resulted In "No Jeopardy" deCISIon by U.S Fish and Wildhfe ServIce, allowmg the project to proceed WIthout further endangered speCIes regulatory Involvement. Management of endangered species and wetlands surveys, resource agency consultatIOn, and development of mItIgatIOns for 20 mIles of proposed freeway outSIde Fresno Cahforma for CALTRANS. PreparatIOn of the vegetatIon and wIldhfe sectIOns for the ColumbIa BaSIn EIS, covenng 500,000 acres of land m the ColumbIa BaSIn. The EIS was prepared for the D.S Bureau of ReclamatIon, WhICh proposed provIdmg addItIOnal IrngatIOn water for the regIOn. Two buIld alternatives were analyzed for the NEPA EIS. MILLER'S CONSU:rING ~o Specializing in Widlife Biology and 7errestrial Ecology ~_____~___~~~!rJ::t:.~ 7080 South Holst Road. Clinton. WA 98236 · (360) 341,0960 Gregg MIller, pnncIpal of MIller's Consultmg, has over 20 years experIence as a wIldlIfe bIOlogIst and terrestrIal ecologISt. He has extensIve expenence m wIldlIfe habItat evaluatIOn, endangered and threatened specIes, natural resource management, and successful mItIgatIOn development. He has conducted wIldlIfe surveys, wIldlIfe habItat evaluatIOns, populatIOn studIes, and Impact analyses. Mr. Miller's expenence has provIded hIm a broad range of knowledge about many wIldlIfe species, theIr habItat relatIons and mteractIOns, and the mteractIons between human actIVItIes, wIldlIfe and WIldlIfe habItat. Dunng hIS career he has worked on over 100 projects, varymg from hydroelectnc relIcensmg projects to studIes of proposed freeway routes. Work on these projects has run the gamut from conductmg field surveys of small mammals, deer, bats, raptors, amphIbians, and reptIles, to developmg mItIgatIons, preparIng habItat management plans and consultmg WIth resource agencIes. Mr. MIller's has mtegrated data on wIldlIfe, vegetatIon, and weather patterns to descnbe the functIOmng of ecological systems at study sItes. Mr. MIller recently developed the Urban WildlIfe and HabItat Management Plan for the Seattle Department of Parks and RecreatIon. As sole author, Mr Miller prepared the plan on a SIX month, fast-track schedule so the Department could mamtam elIgIbIlIty for state funding for urban WIldlIfe habItat acqUIsItIon. Mr Miller established and mamtamed the schedule, commumcated WIth public mterest and park advocacy groups, and balanced the concerns of these groups and vanous CIty departments. The Management Plan mtegrated WIldlIfe bIology and ecologIcal pnncIples, the publIcs' VIews and deSIres for wIldlIfe resources, mformatIon on natural resources of the Park system, and legal consIderatIons mto a conSIstent, coherent, and readable plan. The plan covers 6,000 acres of Park lands, lands targeted for acqUIsItIon, and other lands that form the wIldlife habItat network m Seattle. He IS currently developmg Federal Energy Regulatory CommIssIon (FERC) IIcensmg condItIons for wIldlIfe on the Cushman Hydroelectnc Project for the Bureau of Indian Affairs and the Department of InterIOr. Mr. MIller has a Bachelors of SCIence m Forestry, and a Masters of SCIence m Wildland Resource Management from the UmversIty of CalIforma Berkeley o o Thurston Highlands Associates, 523 Pine Street, Suite 208. Seattle. Washington 98101. 206-467-4916 June 8, 1996 r=- _.~ ~ \~~. .:: 1; . -, , I JUN I 7 !geG Ms. Shelly Badger Cluef Ad.numstratIve Officer City ofYelm POBox 479 Yelm, Washmgton 98597 lJ L ___..____ ._.-.J Re New Office Dear Shelly, TIns is our official notice to you that Thurston Highlands and ASSOCiates has set up its new office at the address above smce April 1996 At the meetmg m our managmg partner, Paul Liao's office last month, we mentIOned that KCM has sold itS share of ownerslup and is no longer a partner of THA. TIns should cIanfy the fact that there is no ownerslup relatiOn between KCM and THA. Please send all future CIty correspondences to the new address above. Extra copy of tlus letter is attached for Agnes, the City Clerk, so that she can update the mailmg label as well. If you have any questiOn, please call our number above or my cellular at 949-4868 Thank you. ~~ Denrus T Su, AIA Project Manager ~, 'r;;J ~ r,;, n ~ "n P' :~ , r\\ t~; ...C:;1;3 ~ Ii' .~. ~: b0. I i I . ,';;:.-. .... <<J . ~"'l I ! ' f', ~ I I ~ Il L iI' " :\1 - 3 'OOR . i I I : ' \. ..J.J ~ . 1 , I I ThuTSton Highlllnds Associates, 523 PiM Street, Suite 208. SeatUe, Wa,hington 9a101, 206~467'~16 '0 o o Ms. Shelly Badger Chief Administrative Officer City of Yelm 105 Yelm Avenue West Yelm, Wash 98597 Tel 1-360-458-3244 May 28, 1996 Re THA Development Dear Ms. Badger' During our last meeting at my office, we discussed the need of reaching an agreement between the City and THA regarding the implementation of THA's project and City's infrastructure programs At this moment, the City's program may include but not limited to the following 1 Reclaim water Handling and Disposal Installation of reclaim water pipe along the north boundary of THA's property Installation of reclaim water storage tank at northwest comer of THA's property Discharge reclaim water at several rapid infiltration sites on THA's property Dispose (via spray irrigation) reclaim water on THA golf courses and public lawn or open spaces. Certain amount of THA's land will be affected and I or taken by the City for handling and disposing the reclaim water 2. Water Supply Develop and construct well (s) for municipal water supply with capacity of about 1,400 gallons per minutes (gpm). This may involve in installation on-site treatment system, storage and piping (crossing THA's land), In addition there will be sanitary easement (required by the Health Department), access easement. certain amount of THA's land will be taken by the City 3. Loop Road and Y -1 Bypass Highway The loop is important for both THA and the City because it enhance and will meet City1s wide updated transportation system to meet the regulatory requirements Certain amount of THAis land will be affected or taken. o o 4 Parks and Schools There are parks and schools designated in the THA's property The City may develop and build parks or schools (in concert with School District) later 5 Surface Storm Drainage Systems The city-wide surface drainage system may extend to or into the THA's property 6 Wet Land Enhancement As part of City's zero discharge wastewater handling and disposal system, City will designate certain wetlands for enhancement. This may involve THA's property Our golf designer, Robert Trent Jones II, informed us the peak summer demand for water will be 600,000 gallons per day (gpd) for each golf course If the two courses are built, the summer demand would be 1,200,000 gpd The winter water demand would be 200,000 to 400,000 gpd for both courses In addition to golf course irrigation, there will be general cleaning and lawn irrigation need Which will take about 100,000 to 200,000 gpd We will also use any surplus water on site to maintain water circulation for golf course water hazards, wet land ponds and creeks, and any additional man-made lakes It is essential that we have all the irrigation water we need to make our program viable We could dill more wells on site or use reclaim water to satisfy the irrigation need Based on 100 gpcd (gallon per capita per day) , the domestic municipal water supply for THA's initial phase would be approximately 150,000 to 200,000 gpd When the project is fully implemented later, the municipal water supply would be about 700,000 to 900,000 gpd We. have identified and informed you and Sandy in November, 1995 certain issues in dealing with THA development (see attached) During our recent meeting at my office, Sandy asked that we list or identify the items that should be included in the agreement In general, we think the issues, items, or assistance, or acceptance, or approvals must be included in the City- THA agreement include but not limited to the following 1 Allow THA to mine and recycle sands and gravel associated with development. 2 Allow THA to build the club house-pro shop compounds and initial phase houses and with septic tank drainfield systems Which will be connected to the City's sewer later when available Page 2 o o 3 City will assist THA in applying and obtaining water right for developing on site sufficient well water supply for irrigation Certain wells will be designated fully for THAIs irrigation use In addition, THA may draw excess well water (via bypass piping) from well(s) designated for the City to supplement irrigation or cleaning need 4 We will coordinate with City's consultants in designing and construction of well water supply system on THA property 5 We will coordinate with City's reclaim water disposal consultants to design and install reclaim water disposal systems (spray irrigation, rapid infiltration, wet land enhancement, storage on THA's property For reliability, THA will have its own irrigation system with well water supply solely developed by THA. 6 City should expend its own funds to build and maintain municipal water supply and reclaim water handling and disposal systems constructed on THA property City should hold THA harmless and indemnify THA from any costs, liabilities, injuries, claims, damages etc associated with these systems 7 City should appraise the values of well water supply, land (well sites, buffer zone, sanitary easement, piping installation, percolation sites, and reclaim water storage and rapid infiltration site and buffer zones, access etc ) THA will be credited the appraised values for the exchange of City utility services, or offset of charges 8 City will sponsor the ULlD and bonding issuance for the design and construction of waters, sewers, roads and drainage systems and other public utilities for THA. THA will agree to indemnify the City on the bonds issued City also will assist THA to recover the capital costs from the adjacent property owners and late comers who are benefited from the UUD and bonds or financing (by adopting or passing ordinance or resolutions) 9 THA will agree to pay regular hook-up charge and regular user charge for both water supply and sewer system, when THA's new homes are connected to the City's systems later 10 THA will agree to pay regular user charges for other utilities when THA's new homes are connected or physically benefited by such public utility system(s) The City- THA Agreement should also address to certain items listed in our November 1, 1995 summary that may not be adequately discussed here Page 3 o o In summary, it is mutually beneficial between the City and THA to have THA development implemented as soon as possible However, the implementation should be on the fair basis between the City and THA. THA must have sound and reliable financing prior to implementation The investors, bankers/lenders will make there evaluation and decision to fund the THA program pending on City- THA agreement. We would like to have the accept able agreement between the City and THA executed this summer Our consultants (NBBJ, Robert Trent Jones II, ERA, Real Vision Research, Dawson and KCM) have been working on the final master plan since this spring The final master plan with initial phase development will be completed in July We plan to submit it to the City for review and approval in the first week of August. Meanwhile, we should meet, discuss and finalize the City- THA agreement. Please contact us to arrange the meetings with schedules convenient to both parties We look forward to your reply Sincerely yours, Attachment C C Denq and Su /~~ - ~ Paul B Liao / Managing Partner ---- , -- Page 4 o o THA -YELM AGREEMENTS AND ARRANGEMENTS November 1, 1995 1. Wells, storage tanks, piping and pump stations A. Number and location of wells, storage tanks & pump stations 8. Sizes of wells, storage tanks, pump stations C. Water right versus ownership D. Construction costs E. 0 & M costs and operation responsibility F. THAis right to use G. Locations of piping and easements H. Sites (wells, storage tanks, pump stations) - ownership, acquisition, leasing or easement I. Access to sites J. Type, height, size and appearance of pump stations, storage tanks, and other related above-grade structures K. Environmental mitigation (noise, odor, landscapes etc.) 2. Reclaim water systems A. Number and location of underground or above grade storage tanks, ponds and related pump stations 8. Size and location of recharge ponds C. Sites of ponds, storage tank and pump stations(acquisition, leasing or easement) D. Construction costs E. 0 & M costs and operation responsibility F. location and piping easements G. Access to the sites H. Spray ground. fairways, lawn and other areas I. THAis right J. Structures type, height, appearance K. Environmental mitigation (Noise, odor, landscape etc.) 3. Public facilities and infrastructures A. Main and common roads B. Main and common waterlines, sewer lines, storm sewer lines pump stations C. Lighting and other public utility systems on common roads D. Parks and schools o o E. Wet land enhancements and maintenance F. Municipal golf course G. Future Yelm City Hall H. ULlD and municipal bonding 4. Subdivision and implementation A. Master plan B. Phase I subdivision and implementation C. Site clearing (1). grading (2), stumps and trees removals and burning (3) Excess grovels processing D. Financing 5. Water and sewer charges A. Hook-up charges B. User charges C. Waiver or trade-off for both water and sewer charges 6. Storm and other charges A. Waiver or trade-off 7. Building and lor development standards 8. Schedules of development 9. Reclaim system A. Design review B. Cost vs. public financing C. Schedule D. Constru(~tion E. Operation 10. Assistance from Yelm 11. On-going costs 12. Others Page 2 ~ ...., o City of Yelm J 05 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 FACSIMILE TRANSMITTAL FORM TO COMPANY OJ 450-~LaI5 INDIVIDUl>.L FAX NUMBER FROM COMPANY f21tjJ~ (t~ J 1 ~ INDIVIDUAL F A..:,{ NUMBER (360) 458-4348 N~~ER OF PAGES TO FO~LOW_ ~ JC13 I 8- aiJ Orl) r _ AI ^ r ))/~/V v f141~ a~ tft{)J l/ 0(JJ DATE TIME SENT SUBJECT ADDITIONAL COMMENTS ********IF YOU DO NOT RECEIVE ALL COPIES OR ANY COPY IS NOT LEGIBLE, PLEASE CALL (360) 458-3244 AS SOON AS POSSIBLE @ RtU:)'ckd pafH!r City of Yel~l la_~,. !U5 IL/m ..jLLill1L IIL\{ [> () F,,}\" .1-, ! L ,'/1 H"'ISI!IJ7!;r(Jil J) ,_ /- , '"I}J -.5,\,_ :~.: TO 'E' ,:l_,~ ~'mE3 C:? -:-- -:: r ~ ~ - ....'-'...- ~TJ1SE? ~_ ?".G23 TO :CL'::"'O~j / h ********:::'E' ?CC DO AC~ ~! 0 T I., E: G ::: S L c: I ? L;:: .=-. S c: ?0SS13LZ ......_r-___..._ ....-- r""l::t..-:.. _ ,j.:.. ..~l...:.L....' (:..:"L:" I 3 fj 0 \ COP 2:~S C? PG.r: COP.: ::: S 4:: 3 - =::: ~.1 .i'-_S .30C'L'! .:::'5 @ i1t,c,:ri,"u. p(t:Jrr ',\ WATER RIGHTS DEDICATION AGREEMENT THIS Water Rights Dedication Agreement (the "Agreement") is entered into as of the _ day of , 1994, by and between ("Grantor") and the City of Yelm, a Washington municipal corporation ("Grantee") Recitals A. Grantor owns certain water rights, the legal description of which is attached as Exhibit A hereto and by this reference incorporated herein Such water rights together with all easements, rights of way, pipelines, pumps and other appurtenances and component parts used in connection with and for the beneficial use and enjoyment of the properties of Grantor are referred to collectively herein as the "Water Rights" B Such Water Rights are appurtenant to the real property described in Exhibit B attached hereto and by this reference incorporated herein Such real property is referred to herein as the "Appurtenant Lands" C Grantor agrees, as a condition of a certain approval of development by Grantee, to transfer, convey and dedicate such Water Rights to the Grantee. D This Agreement is entered into pursuant to and subject to the terms of RCW 90 44100 AQreement NOW, THEREFORE, the parties agree as follows 1 Dedication of Water RiQhts Subject to the terms and conditions of this Agreement, Grantor hereby agrees to transfer, convey and dedicate the Water Rights to Grantee. The Grantee is hereby authorized and agrees to detach the Water Rights from the Appurtenant Lands herein described and change them to include municipal use. The Grantee is also authorized and agrees to change the point of diversion and means of conveyance of the water of said Water Rights to any location that may be designated by the Grantee, and to file the necessary applications and documents with the Washington State Department of Ecology to make such changes Any order or decree of the said Department or confirmation of same by a Court is hereby acquiesced in by the Grantor, and it shall be binding upon the said Grantor, his successors and assigns Grantor agrees to cooperate with Grantee in obtaining any such changes, WATER RIGHTS DEDICATION AGREEMENT - 1 C:\WP51 \51 \JHB\WATER.AGR including, without limitation, signing any applications or other documents which may be reasonably required 2 Closinq and Closinq Costs 2.1 The closing of the purchase of the Water Rights shall take place at the offices of in Yelm, Washington (the "Escrow Agent") Closing shall take place no later than two (2) years after the date this Agreement is executed, unless such time is extended by agreement of the parties in writing prior to its expiration Grantee and Grantor agree to deposit with the Escrow Agent in a timely manner, to enable the Closing to occur at such time, all documents required of them pursuant to Subsection 2 2 below "Closing", "Closing Date" or "Date of Closing" as those terms are used herein shall mean the date upon which all documents are recorded and monies paid to complete the purchase contemplated herein 2.2. At Closing, Grantor shall deliver title to the Water Rights to Grantee by statutory warranty deed, and shall further execute and deliver to Grantee such other documents as may be necessary or appropriate to deliver to Grantee title to the Water Rights. Grantor shall also deliver at Closing an affidavit pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended Grantee shall be entitled to possession and use of the Water Rights immediately upon Closing If requested by Grantee, Grantor will execute, at Closing, a rental agreement for the period of Grantor's possession and use of the Water Rights after Closing, in a form provided by Grantee, but without the requirement to pay any rent for up to days after Closing 2.3 Grantee shall pay all escrow costs and other customary closing costs for both Grantee and Grantor All rents, taxes and other expenses associated with the Water Rights shall be prorated as of the date of Closing 3 Risk of Loss Grantor shall deliver the Water Rights to Grantee in the same condition existing as of the date hereof Risk of loss, abandonment, non-use or diminution of the Water Rights shall be borne by Grantor until the Date of Closing Thereafter, Grantee shall bear such risk. In the event of loss, abandonment, non-use or diminution of the Water Rights, or a portion thereof, prior to the Date of Closing, Grantee may elect to terminate this Agreement or may elect to purchase the Water Rights to the extent existing on the Date of Closing 4 Continqencies 4 1 Grantee's Conditions Grantee's obligations under this Agreement are subject to and contingent upon the following conditions WATER RIGHTS DEDICATION AGREEMENT - 2 C:\WP51 \51 \JHB\WATER.AGR 4 1 1 Grantor furnishing one (1) copy of a sketch map or any other map showing the point of withdrawal, general layout of system and the point of use, as well as the point of diversion of the Water Rights involved and Grantor providing copies of all correspondence, certificates and other documents relating to the Water Rights, whether from or to Grantor or any third party, and whether or not produced by Grantor The items to be depicted on said map shall be shown with reasonable accuracy within the proper legal subdivision, section, township and range 4 1.2 Grantor cooperating with and assisting Grantee in the preparation, documentation, processing and review of the Application for Change of Water Right to be submitted by Grantee to the Washington State Department of Ecology Grantor agrees to avoid any interference with the processing or approval of such Application 4 1 3 This Agreement is contingent upon the approval by the Washington State Department of Ecology of the Application for Change of Water Right to be submitted by Grantee, including, without limitation, approval of Grantee's proposed change of use and point of diversion and use, confirmation and approval of the quantity of water subject to the Water Rights, and confirmation of the priority date of the Water Rights If any condition specified in this Section 4 1 is not met on the Closing Date, Grantee may waive the requirement that the condition or conditions be met by completing this transaction, or Grantee may terminate this Agreement without any further liability on the part of Grantee. 4.2 Grantor's Conditions Grantor's obligations under this Agreement are subject to and contingent upon Grantee's timely performance of its obligations hereunder and the payment of any costs and the delivery of any documents and instruments required by the terms of this Agreement to be paid by or delivered by Grantee. 5 Notices All notices to be given by each party to the other pursuant to this Agreement shall be delivered in person or by facsimile, or deposited in the United States Mails, postage prepaid, by certified or registered mail, return receipt requested and addressed to the parties at the addresses specified beneath their signatures below Notices delivered by facsimile shall be deemed to have been given upon telephone confirmation of receipt. Notices sent by mail shall be deemed to have been given and delivered upon receipt if hand delivered or three (3) days after being properly mailed if mailed and the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing Any party, by written notice to the other(s) as above WATER RIGHTS DEDICATION AGREEMENT-3 C'\WP51 \51 \JHB\WATER.AGR described, may alter the address for receipt by it and its agents of written notices hereunder 6 Time of Essence. Time is strictly of the essence in this Agreement, and the parties hereto shall be bound to the timely performance of the provisions contained herein 7 Succession The terms, conditions, covenants and agreements contained herein shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto 8 Covenants and Warranties. Grantor hereby acknowledges, covenants, represents and warrants as of the date hereof and as of Closing that: (a) Grantor is the owner in fee of the Water Rights, (b) Grantor's title is subject to no encumbrances, defects or exceptions, (c) Grantor will not hereafter enter into any contract or create any obligation which will bind Grantee as a successor in interest with respect to the Water Rights, (d) Grantor is not aware of any material defect in the Water Rights, (e) the Water Rights are valid and in full force and effect; (f) the Water Rights have been used continuously, without any material interruption in use, since , (g) Grantor is not aware of any act or omission on its part with respect to the use or registration of the Water Rights which could result in the loss, abandonment, or diminution in such Water Rights, (h) Grantor will use its best efforts to cause the conditions set forth in Section 4 1 and 42 above to be satisfied, and (i) all sketches, documents, materials and information provided by Grantor shall be true and correct in all material respects and shall not fail to include any material information regarding the Water Rights Grantor further represents and warrants that Grantor has not disposed of or released any hazardous substances or hazardous wastes on, from or under the Appurtenant Lands and there is no presence of, nor have there ever been any disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Appurtenant Lands The terms "disposal," "release," 'threatened release," "hazardous substances," and "hazardous wastes" shall have the definitions assigned to such terms or any similar terms by the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, the Washington Model Toxics Act, as amended, or any other applicable law, rule or regulation relating to the environment, health or safety Grantor further represents and warrants that neither the Grantor nor his successors or assigns shall, at any time in the future, file any adverse claim or institute any proceedings in law or equity attaching adversely, or in any manner whatsoever, the equities, right, title or interest of any of the Water Rights herein referred to and for which it is hereby agreed that the Grantor has received full and adequate compensation All warranties set forth in this Section 8 shall survive the Closing and Grantor shall defend, indemnify and hold Grantee harmless from any breaches thereof, including costs and attorneys' fees WATER RIGHTS DEDICATION AGREEMENT-4 C'\WP51 \51 \JHB\WATER.AGR 9 litiaation Expenses In any controversy, claim or dispute alleging a breach of this Agreement, the prevailing party shall be entitled and awarded, in addition to any other relief, to a reasonable sum as litigation expenses (including reasonable attorneys' fees), including any expenses incurred in any appeal or in any bankruptcy or receivership proceeding 10 Entire Aareement. This Agreement contains the entire understanding between the parties hereto No variations, modifications, or changes herein shall be binding upon any party hereto unless set forth in a document duly executed by or on behalf of such party 11 GoverninQ Law This Agreement and the obligations of the parties hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State of Washington 12 Commissions Each party hereby agrees to indemnify and hold the other harmless from and against any and all fees, commissions, costs, expenses (including attorney's fees), obligations and causes of action arising against or incurred by the other party by reason of any claim for a real estate commission or a fee or finder's fee by reason of any contract, agreement or arrangement with the indemnifying party IN WITNESS WHEREOF, the parties have executed this Water Rights Dedication Agreement as of the date and year first written above GRANTOR Grantee CITY OF YELM By Its Address Address c/o Shelly Badger City Administrator City of Yelm POBox 479 Yelm, WA 98597 WATER RIGHTS DEDICATION AGREEMENT - 5 C:\WP51 \51 \JHB\WATER.AGR EXHIBIT "A" Legal Description WATER RIGHTS DEDICATION AGREEMENT - 6 C:\WP51 \51 \JHB\WATER.AGR EXHIBIT "B" Legal Description of Appurtenant Lands WATER RIGHTS DEDICATION AGREEMENT-7 C:\WP51 \51 \JHB\WATER.AGR ~ o o FRANK J OWENS ARTHUR l. DAVIES JOHN V LYMAN ALEXANDER W MACKIE* RICHARD G. PHilLIPS, JR. BRIAN L. BUDSBERG MICHAEL W MAYBERRY KIRK M. VEIS ROBERT F HAUTH OWENS DAVIES MACKIE A Professional Services Corporation Attorneys at Law *ALSO ADMmED IN WASHINGTON, DC. ** ALSO ADMITIED IN WISCONSIN January 30, 1996 Street address 926 - 24th Way S W Olympia, Washmgton 98502 Mailing address POBox 187 Olympia, Washmgton 98507-0187 Phone (360) 943-8320 Facsimile (360) 943-6150 BURTON R. JOHNSON (1970) CYNTHIA D TURNER MATTHEW B. EDWARDS KATHY E. TIERNEY** ERIK D PRICE Mr Paul Llao Liao & Associates 523 Pine Street, Suite 205 Seattle, WA 98101 RE Thurston Highlands Dear Mr Llao This letter will summarize our conversation the other day in connection with the further progress of your Thurston Highlands development in the City of Yelm You have completed your preliminary master plan and environmental work and have preliminary master plan approval for your project. The preliminary master plan will be the starting point for further review In addition, the City has finished its growth management comprehensive plan, EIS, and development regulations Conformance with the requirements of the comprehensive plan, including the sewer plan, the water plan, and the transportation pian, as weil as the overall City plan will be another of the principal criteria for review The next step will be the submission of a final master plan for your portion of the project. As anticipated by the City, your project will provide approximately 3,300 units in a mix of Single and multifamily units A golf course, small commercial area, school Sites, and other components have been descnbed in previous documents The contents of the final master plan application are detailed In Chapter 1762 of the Yelm MUnicipal Code, a copy Qf which is attached One of the key elements of the plan and ensuing environmental review will be your phaSing program for the project. You should identify for each phase, the necessary Infrastructure to begin the phase, the infrastructure (onslte and offsite) to be built with o o OWENS DAVIES MACKIE Mr Paul Liao January 30, 1996 Page 2 each phase, and the contribution to offsite improvements or to subsequent improvements to be made with each phase The phasing plan can be used to identify the timing and allocation of anticipated impacts and provide a basis for a more detailed discussion on vesting Environmental review should be limited to issues which are new to this level of planning The fact of the planned community (3,300 units and a mix of uses), the fact of the golf course, and the overall water, sewer, and preliminary traffic impacts have all been discussed in previous plans and approved by the City Specific impacts, including a preliminary grading and erosion plan (the City follows the WDOE model stormwater plan), the phasing of major roads and utilities, and an offsite mitigation plan will be the most important issues which need to be covered It may well be appropriate to proceed with an addendum to the City GMA EIS, as the project is simply an extension of the planning which has already been approved The Incremental change at this time is the phasing plan/utility coordination and the assurance that adequate facilities will be in place to meet the needs of each phase In addition, phased traffic Impacts and appropriate mitigation will need to be identified You are aware that the plan area is not within the present sewer service area for the existing system In the long run your project will be totally dependent upon the success of the City in securing reuse and recycling approval and funding from various state and federal agencies The City has agreed to consider a limited number of homes in the first phase on septic If suitable soils are identified The clubhouse may also be on septic with adequate engineering justification All septic facilities must be approved by the Thurston County Environmental Health Department and converted to sewer when sewer is in place State law also requires the presence of adequate water supply as a prerequisite to building permit issuance Approval of your project will require a close analysis of capability and capacity to assure that the adequacy issue is properly met at each phase We Will have to review the status of the current water rights application with the City engineer to identify the City's phasing and capacity in connection with pending water rights applications The master plan approval IS considered a zoning approval and thus is good until changed-it does not expire Preliminary plat approval is presently' valid for three years The state has recently authorized municipalities to extend plat approvals to five years and to set their own criteria for extension I will be recommending to the planning commiSSion this spring that the preliminary plats In master planned commUnities be valid for a period of five years and, so long as the plat is not "abandoned," should remain o o OWENS DAVIES MACKIE Mr Paul Liao January 30, 1996 Page 3 valid for some period beyond the initial five years With all of the planning that goes into a planned community which may take 20 years or more to build out, it does not make sense for either the developer or the City to continually subject the plan to needless re- review You raised several issues about cost sharing and vesting which I will deal with in order 1. Application fees and cost reimbursement Yelm has a very small budget which is quickly overwhelmed by a project of this size Thus we have requested a development agreement, in lieu of a specific application fee, which provides for you to reimburse the City for its actual costs of processing the project. The agreement Will identify the scope for the undertakings by the applicant and the City and the reimbursable costs or rates The development agreement will also identify the deliverables, the review periods, and the estimated hearing and action dates for each of the significant approvals necessary 2. Vesting A plat will normally vest an application for sewer and water for a period of five years Yelm Municipal Code 16 12 330 A project which would purport to vest upwards of 1,000 units for existing sewer and water capacity would likely overwhelm the City's ability to serve the project with adequate facilities or substantially limit the City's ability to serve other areas of the community which also need sewer and water The City also recognizes the developers need to know that if infrastructure is installed there will be a capability on the part of the City to provide service The development agreement needs to deal with long-term vesting, capacity, capability, and fairness issues, looking both at the project and the City as a whole I am confident the proper balance can be met, but It will require detailed planning and discussions 3 Participation and municipal funding a The qolf course The City has not Identified the golf course on its comprehensive parks plan As a result, before the City could make any commitment to a municipal golf course, the matter would have to be taken to the Park Board, the Planning Commission, and the City Council to see if the City desires to amend the City plans to enable a municipal golf course To date there has been no strong interest in moving that direction o o OWENS DAVIES MACKIE Mr Paul Liao January 30, 1996 Page 4 If the City were to venture into the municipal golf business, some absolute guarantee would have to be in place for adequate revenues to properly pay for construction and operation of the course Any plan must avoid a drain on existing City finances The City's existing tax base is too small to undertake any significant risk in this regard Finally, if the City were to undertake such an operation, it could not commit in advance to resell the property to you or any other private entity Such a commitment would effectively be a guarantee of a private venture Even if the City were to profit from the arrangement, the program would involve a significant lending of the City's credit, which is unlawful in this state b Local improvement district. State law permits private developers to front the engineering and other costs to create a local improvement district and then to reimburse itself from the proceeds of bond sales for costs incurred The City of Yelm is prepared to follow such a model in paying for some of the larger facilities which are designed to serve a number of properties Care must be taken in selecting benefit areas to omit small residences which may well be in the benefit area, but which are unlikely to develop in the short term Suitable latecomer or other arrangements can be identified to prevent undue impact to existing residents The City would be happy to discuss this option with you in greater detail c. Latecomer agreement. The final financing device will be a latecomer agreement. Any project of your size will certainly need to construct oversized facilities In the absence of grants to permit the City to participate in oversizing, the City will work with you to identify appropriate benefit areas and latecomer charges State law identifies a process which permits affected property owners to have a say to assure fairness Final agreements are recorded and become part of the land records While administration of latecomer agreements can become expensive, I believe they proVide a reasonable opportunity for an early developer to recoup costs which indeed benefit a larger community area * o o OWENS DAVIES MACKIE Mr Paul Liao January 30, 1996 Page 5 We have discussed a potential time frame for action April Preplanning and review April-May Environmental documents and review June-July Grading permits for site clearing, Planning Commission review of project August-September City Council review; action on approval request for appropriate plans and preliminary plats I trust this letter deals with most of the issues we discussed I will begin work on the development agreement and we should have an early scoping meeting to set out a timetable and set of deliverables to permit the project to proceed Please feel free to call me If you have any further questions or if I have left anything out. The City looks forward to working with you in connection with the project. Sincerely yours, OWENS DAVIES MACKIE /~ Alexander W Mackie AWM/kr Enclosure (YMC Chapter 17 62) cc Shelly Badger v'Cathie Carlson C'\WP51\53\YELM\LIAO.L T o o 17.62.010--17.62.020 Sections: 17.62.010 17 62.020 17.62.030 17.62.040 17 62.050 17.62.060 17.62.070 17.62.080 17.62.090 17.62.100 ~n three hundred 555 ~14 (part) , Chapter 17.62 MASTER PLAN DEVELOPMENT Short title. Intent. Applicability. General steps for review and approval. Conceptual review and approval. Master plan approval. Timing of master plan submittal. Approval of specific development proposals. Implementation of master plan--Periodic review. Administration and enforcement. 17.62.010 Short title. This chapter shall be known as the "Master Plan Development Chapter" and may be cited as such. (Ord. 561 ~3(part), 1995: Ord. 555 ~14(part), 1995) . 17.62.020 Intent. The purpose of the master plan process is to protect and improve the public health, safety and welfare by pursuing the following objectives: A. To ensure that future growth and development which occurs as the result of a master plan is in accord with the comprehensive plan and the planning policies of the city; B. To provide for large-scale projects that incorpo- rate a full range of land uses, where appropriate and where consistent with the comprehensive plan; C. To encourage innovations and creativity for the safe, efficient and economic use of land; D To ensure and facilitate the provision of adequate public services such as transportation, water, sewage, storm drainage, electricity and open space; E To encourage efficient patterns of land use which, where appropriate, decrease trip length of automobile trav- el and encourage trip consolidation, increased publicac- cess to mass transit, bicycle routes and other alternative modes of transportation, J F. To improve the design, quality and character of new development so as to reduce energy consumption and 165-82 (Yelm 12/95) o o 17.62.030--17.62.050 demand, and to minimize adverse environmental impacts in- cluding degradation of wildlife habitat and important natu- ral features in the area; G. To foster and ensure a rational pat~ern of rela- tionships between residential, business and industrial uses so as to complement and minimize impacts on existing neigh- borhoods; H. To ensure coordination of commercial and industri- al building designs which will be harmonious and blending with each other and the natural environment. (Ord. 561 53 (part) , 1995. Ord. 555 ~14(part), 1995). 17.62.030 Applicability. Minimum Site Area. A mini- mum of two hundred acres in a single ownership must be available for a master pl.an; smaller acreage under separate ownership may be included in the proposal. (Ord. 561 ~3(part), 1995 Ord. 555 ~14(part), 1995). 17.62.040 General steps for review and approval. The review and approval of a master plan shall consist of three steps: A. Conceptual review and approval of the master plan through comprehensive plan and official zoning map amend- ment, with the official zoning map amendment not effective until approval of the master plan for the site; B. Adoption of the master plan for the s'ite; C. Approval of specific development actions as may be appropriate, and as may be phased in the master plan. (Ord. 561 ~3(part), 1995: Ord. 555 514(part), 1995). 17.62.050 Conceptual review and approval. A. Pur- pose. The purpose of conceptual review and approval is to establish general land use policies to guide detailed plan- ning for and development of the master plan area. The conceptual plan shall identify the generalized land uses, transportation circulation routes and services proposed for the site. Prior to site development, a master plan shall be approved consistent with the policies and conditions of conceptual approval. B. Review. Review of a conceptual master plan shall be performed initially by the planning commission. The planning commission shall review the application for com- pleteness and, if it determines that the proposed master plan is consistent with the comprehensive plan and the city'S other plans and policies, recommend approval by the planning commisslon. If the planning commission determines that the proposed master plan is not so consistent, it may either remand for modifications specifically identified or recommend denial by the city council. Conceptual approval by the city council, upon a recommendation by the planning 165-83 (Yelm 12/95) o o 17.62.050 '--- commission, shall consist of an ame~dment to the comprehen- sive plan and an amendment to the official. zoning map Notice of hearings on conceptual approval will be provided to all property owners within one thousand feet of the subject site, and other affected governmental agencies with jurisdiction in the site area at least ten days prior to the hearing. The official zoning map amendment shall be in conformance with the comprehensive plan, and shall be lim- ited by the conditions in subsections D and E of this sec- tion C Form and Contents of Application for Conceptual Approval of the Master Plan. An application for conceptual approval shall be submitted to the planning department for reporting to the planning commission and shall include: 1 Textual Informattp~. a. Name,;' addr'ess ,-' 'zip code and telephone number of applicant, b. The names, addresses, zip codes and tele- phone numbers of all landowners within the subject proper- ty, c. The names and addresses of all property owners within one thousand feet of the site, d. The legal description and tax parcel num- ber(s) of the subject. property, e. The existing zoning and plan designation on the subjE!ct property, f. The acreage contained within the proposed master pla.n area; the number of dwelling units permitted and proposed; and the number of dwelling units per acre of land permitted and proposed, g. The total acreage of nonresidential uses permitted and proposed, by type of use, h. Applicable school district(s), fire dis- trict(s) or departments and other special purposes dis- tricts, i. The means by which the proposed master plan meets the objectives of Section 17.62.020, j. Proposed amendatory language tor the appli- cable subarea plan, k. Anticipated phasing of development, 1. General description of options for source(s) of water supply, methQd(s) of sewage disposal, methods of storm water control and means to handle hazardous materials and hazardous waste if applicable, m Identify potential major anticipated adverse environmental impacts and general mitigating measures, including off-site improvements, which may be incorporated in a subsequent master plan by submitting an/environmental checklist as required by WA~ 197-11-315, n. An explanation of all features not readily identifiable in map form; 165-84 (Yelm 12/95) o o 17.62.060 2. Conceptual Plan and Supporting Maps. a. A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets and major physiographic features such as railroa~s, lakes, streams, shorelines, schools, parks or other prominent features, b. Parcel boundaries, c. Freeways, highways and streets servicing and abutting the area and parcel, d. The existing zoning and comprehensive plan designation for all areas of the proposed master plan area, e. Generalized proposed land uses including: i. Potential uses, ii. Range of densities and housing types, iii. Phasing of development, iv. Any proposed zoning or development plan changes, f. Multimodal transportation plans, with pro- posed major routes, points of ingress and egress and the relation to existing and proposed area transportation fa- cilities, g. Existing site conditions including water- courses, wetland area, floodplains, unique natural fea- tures, forest cover, steep slopes and elevation contours of appropr~ate intervals to indicate the topography of the entire tract for a reasonable distance beyond the 'bound- aries of the proposed development to include adjacent .or nearby lands where project impacts are relevant. D. Effect of Conceptual Approval. Upon conceptual approval by the city council, the proposed master plan boundaries, proposed use districts, transportation routes and case file number shall be identified upon the official zoning map. These districts and routes shall only be ef- fective upon approval of a master plan meeting the require- ments of conceptual approval and of this title. E. Development Prior to Master Plan Approval. Unless specifically authorized at the time of conceptual approval, no development permit may be issued prior to master plan approval. Preexisting uses shall be regulated as specified in Chapter 17.93 (nonconforming uses). (Ord. 561 ~3(part), 1995: Ord. 555 ~14(part), 1995). 17.62.060 Master plan approval. A. Purpose. The master plan shall consist of map(s) and text which indicate major development features and services for the entire site, including a schedule indicating phasing of develop- ment and the means of financing services for the site. B. Review. A complete master plan for/the entire master plan area shall be submitted within three years of conceptual approval unless an extension has been granted pursuant to Section 17.62 070. The master plan shall be 165-85 (Yelm 12/95) 'I. ~ . o o 17.62.060 reviewed by the planning commission and a recommendation submitted 'to the city council for final action. The plan- ning commission shall not recommend approval of a ma$ter plan unless' the commission has conducted 'a 'public hearing pursuant to RCW 35A.63.073' and it is determined that said plan is consistent with the conceptual approval and com- plies with the policies of the comprehensive plan, the purposes of Section 17.62.020, and the provisions of this chapter. The planning commission may recommend terms and conditions of approval, and require the provision, and further public review, of additional information and analy- ses in order to insure such compliance. In addition, the planning commission may propose changes in the proposed master plan or the proposed zoning on the basis of informa- tion presented in the course of master plan review, as long as the changes are consistent with applicable city plans and policies. Changes not consistent with city plans and policies may be made only if conceptual approval or other plans or policies are first amended accordingly. C. City Council Consideration. The planning commis- sion recommendation shall corne to the city council for consideration in an open public meeting no sooner than ten nor longer than twenty working days from the date a deci- sion con$~ituting a recommendation was rendered. The city council $hall consider the matter based upon the written record befo:r;e the planning commission, ..th.e commission's decision, and any written"comments received by the'city before closure of city offices on a date three days prior to the dat~ ~et for consideration by the city council; provided, that the city council may publicly request addi- tional specific information from the applicant, the plan- ning commission or city or county departments; and, provid- ed further, if the city council determines that further testimony or argument other than such specific information requested is necessary prior to action by such body, the matter shall either be returned to the planning commission or a public hearing shall be scheduled before the city council for the receipt of such testimony or argument. D. City Council Action. The city council may accept, modify or reject the planning commission's decision, or any findings or conclusions therein, or may remand the decision to the planning commission for further hearing. A decision by ehe city council to modify, reject or remand shall be supported by findings and conclusions. A decision by the city council approving a master plan shall be accompanied by a schedule for periodic review of the master plan by the planning commission not less than once every five years following approval until development of the master plan is substantially complete. The action of the city council in 9.pproving or rejecting a decision of ,the commission shall be final and conclusive unless wlthin thirty days from the 165-86 (Yelm 12/95) o o 17.62 060 date of such action an aggrieved party files an application for a writ of certiorari from the Thurston County Superior Court for the purpose of review of the action taken.. E. Form and Contents of Application for MaSter Plan Approval. The applicant shall submit the master plan and supplementary data, including an environmental impact statement if required, to the planning department. The planning department shall inform the applicant within thir- ty days of the date of receipt of the application of any deficiencies found in the master plan application. The accuracy of all data and information submitted on or with a master plan shall be the responsibility of the applicant. An application for master plan approval shall include: 1. Textual Information. a. Name, address, zip code and t~iephone number of applicant, b. The names, addresses, zip codes and tele- phone numbers of all landowners within the subject proper- ty, c. The names and addresses of all property owners within one thousand feet of the site, d. The legal description of the subject proper- ty, e. The zoning on the subject property, f. The acreage contained within the proposed master plani the total number of dwelling units being pro- posediand the average number of dwelling units per acre of land, g. The number and acreage of each type of dwelling units proposed, h. The acreage of open space (including a sepa- rate figure for active recreation space) to be contained in the master plan, and the percentage it represents of the total area, i. The total acreage of each type of nonresi- dential use, including the approximate floor area and type of commercial and industrial uses, j. The source of water supply, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities, k. The method of sewage disposal, to include the name of sewer operator, if any, including the specific type of facilities involved, their capacities and the esti- mated timing of completion of these facilities, I A plan for hazardous waste control if appro- priate, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities, / m Applicable school district(s), fire dis- trict(s) or department(s) and other special purpose dis- tricts, 165-87 (Yelm 12/95) o o tl~~~~ g 17 62.060 n. The means by which the proposed master plan meets the objectives of Section 17.62.020, o. A development schedule indicating the ap- proxitn~::fte date when construction of the master plan or stages of the mas.ter plan can' be expected to begin and be completed, including the approximate size in acres of each phase, and the proposed phasing of construction of public improvements and recreational and common open space areas, p. The proposed means of financing and alloca- tion of responsibility for providing the utilities and services required as a result of the development, including off-site facilities and improvements. These utilities and services shall include, but not be limited to, water, sew- er, streets and highways, schools, fire protection, parks, stormwate~ control and disposal of wa$tes, including toxic wastes (i'f any), q. When no environmental impact statement is required, identify major anticipated adverse environmental impacts and specify mitigating measures, including off-site improvements, r. Information on land areas adjacent to the proposed master plan to indicate the relationships between the proposed development and that which is existing and proposed in adjacent areas, including land uses, existing structures, owne.rship, tracts ,streej:;s anq unique natural features of t~e laridscape,. s. The means of meeting any other requirements imposed as a condition of conceptual approval of the master plan; 2. Master Plan Map and Supporting Maps. A master plan map and any maps necessary to show the major details of the proposed master plan must contain the fOllowing minimum information at an appropriate scale, as determined by the planning department: a. The boundary lines of the subject property, scale and north arrow, b. Existing site conditions including water- courses, wetland area, floodplains, unique natural fea- tures, forest cover, steep slopes and e!evation' contours of appropriate intervals to indicate the topography of the entire tract for a reasonable distance beyond the bound- aries of the proposed development to include adjacent or nearby lands where project impacts are relevant, c. Location and nature of each land use, in- cluding type and density of dwelling units and type of commercial, industrial and other uses, d Approximate location of existing and pro- posed arterial and collector streets and major pedestrian anq bicycle routes, and a multimodal transportation plan, 165-88 (Yelm 12/95) o o 17.62.070 e. The approximate location and size of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites, fire stations and similar public and semipublic uses, f. Master drainage plan, including storm water control, g. h. Development phasing, Open space network, Existing and proposed sanitary sewers and 1. water lines, j. Information on land areas adjacent to the proposed master plan to indicate the relationships between the proposed development and that which is existing and proposed in adjacent areas, including land uses, existing structures, ownership tracts, streets and unique natural features of the landscape, k. Any additional information as required by the planning department necessary to evaluate the character and impact of the proposed master plan (e.g., soils, geolo- gy, hydrology or ground water). (Ord. 561 ~3(part), 1995: Ord. 555 ~14{part), 1995). 17.62.070 Timinq of master plan submittal. A. If a master plan is not submitted within three years from the date of conceptual plan approval, and an extension of time has not been granted, the ,conceptual plan approval shall expire and the zon~ng classification shall automatically revert to the classification in effect prior to conceptual approval. Upon such reversion, projects and developments approved subsequent to or with conceptual approval and prior to expiration, and not authorized by the classifica- tion to which the area has reverted, shall become noncon- forming uses. B. Knowledge of expiration date and initiation of a request for extension of approval time is the responsibili- ty of the applicant. The city will not provide notifica- tion of expirations. All requests for an extension of time must be submitted to the planning department at least thir- ty days prior to expiration of conceptual approval. The planning department shall schedule the request for exten- sion for public hearing before the planning commission upon such notice and in accordance with the conceptual approval procedures of this chapter An extension may be granted for up to three years at a time, if the commission finds that an extension would be in the public interest and that delay in submitting the master plan was for good cause. If an extension of time is approved, the master plan shall be subj ect to all new and amended regulations, 'requirements, policies or standards which are adopted after the date of conceptual approval COrd 561 ~3(part), 1995: Ord. 555 ~14(part), 1995). 165-89 (Yelm 12/95) ", ,-"'" -:--",~~,.,-- T ~ o ~~f~_i.^-;;;:, o 17.62.080--17.62.100 17.62.080 Approval of specific development proposals. Subdivisio~s, planned industrial developments, -planned residential developments and other specific development 'actions, 'when <::onsistent with the provisions of the master plan and conc~ptual approval, may be approved according to applicable code requirements. These actions may be taken concurrent with or subsequent to approval of the master plan and may accompany development of the site in phases. Review of such actions shall be subject to the laws and regulations which would be applicable to such an action regardless of its inclusion within a master plan. (Ord. 561 93 (part) , 1995: Ord. 555 914 (part) , 1995). 17.62.090 Implementation of master plan--periodic re- view. A. Review Schedule. The planning commission shall review the status of development pursuant to the master plan in accordance with a review schedule adopted as a condition of the master plan. Review shall occur not less than once every five years until development of the master plan is substantially complete. B. Result of Review. If the planning commission finds that substantial completion of development projected for a given review phase has been accomplished, and that development has met and is projected to meet the terms and intent of the master plan and other applicable plans .and policies, the planning commission may authorize the subse- quent phase. If the planning commission finds that these criteria have not been met, the planning commission may ext~nd the period for completion of that phase or terminate master plan approval for subsequent phases. In determining whether to extend or terminate, the planning commission shall consider the reasons completion has not occurred and whether the public interest would be best served by exten- sion or termination. (Ord. 561 93 (part) , 1995: Ord. 555 914 (part) , 1995). 17.62.100 Administration and enforcement. A. Build- ing permits and other permits required for the construction or development of property under the provisions ,of this chapter shall be issued only when the work to be performed meets the requirements of the master plan. B. Minor Administrative Alterations Once a prelimi- nary plat or other development permit within the master plan area has been reviewed and approved, it shall not be altered unless approved by both the planner and the public works department upon a determination that the alteration is not substantial enough to constitute an amendment to the master plan. / C. Parties Bound Once the master plan is approved, all persons and parties, their successors, heirs or as- slgns, who own, have or will have by virtue of purchase, 165-90 (Yelm 12/95) o o 17.62.100 inheritance, assignment or otherwise, any interest in the real property within the proposed master plan, shall be bound by the terms and conditions of approval of the master plan and the provisions of this chapter. D. Platting Requirements. The division of property for sale, lease or transfer shall comply with the require- ments of the subdivision ordinance, Title 16 of this code. E. Amendments to Master Plan. The planning commis- sion may make amendments to the master plan or the zoning as long as the changes are consistent with other applicable city plans and policies. Such changes shall be considered pursuant to the procedures for master plan approval as contained in this title, except that the planning commis- sion's decision shall be final unless appealed to the city council. (Ord. 561 ~3(part}, 1995: Ord. 555 ~14(part), 1995) . Chapter 17.63 MOBILE MANUFACTURED Sections: lnte t. ./ Defir:~ ions. / Perm~tt w~re. Mobile ho s--Development guidelines. Mobile h e subdivision--Review. Mobile orne bdivision design standards-- Site ea. Mobi~e home sub 'vision design standards-- Lot requirements. Mile home subdivi 'on design standards-- f-street parking. obile home subdivision standards-- Open space. Mobile home subdivision des~n standards-- Accessory buildings " Mobile home park site plan rev~. Mobile home park design standar --Area and density. Mobile home park design standards-- 'te requirements. Mobile home park design standards-- " Off-street parking. \ Mobile home park design stanoards--Open ~ space. ~ 17.63.010 17.63.020 17.63.030 17.63.050 17.63.055 17.63.060 17.63.070 17.63.080 17.63.1 17. 63~05 17 .~:110 11.63.120 17.63.140 / 165-91 (Yelm 12/95) '~ o &~ City of Yelm VJASHINGTON 105 Yelm Avenue West POBox 479 Yelm. Washington 98597 (360) 458-3244 AGENDA CITY OF YEIM/'lHURS'IDN HIGHLANDS ASSOCIATES MEETIl'G ~AY, DECEMBER 11, 1995, 9:00 AM, YEIM CITY HALL 1. Introductions 2 . Road and pipe allgnmen t through THA property - Ci ty or THA to begin survey immediately to stay on schedule 3. Location of rapid infiltration baslns - need locations identified to maintain reuse project schedule *Note: Items #1 & 2 on the agenda are priority and partially address the first two items of Mr. Liao's November 1, 1995 outline and must be resolved prior to moving through the remainder of the agenda. As time allows, we will address the following additional issues. 4. Public facilities and infrastructure 5. Final Master Plan and subdivision discuss ion/ II-f/I()(J~ P1 ~~ ~ /ff,) 6. Other issues specified in Mr. Liao I s outline as time allows. We may need to schedule a second meeting for remaining items. 7. Adjourn @ ReC\'ckd papa LIQ & ASSOCIA TES o '\ 523 Pine Street, Suite 205 Seattle, Washington 98101 Tel: (206) 343-9910 Fax: (206) 343-0367 THA -YELM AGREEMENTS AND ARRANGEMENTS November 1, 1995 1. Wells, storage tanks, piping and pump stations A. Number and location of wells, storage tanks & pump stations B. Sizes of wells, storage tanks, pump stations C. Water right versus ownership D. Construction costs E. 0 & M costs and operation responsibility F. THAis right to use G. Locations of piping and easements H. Sites (wells, storage tanks, pump stations) - ownership, acquisition, leasing or easement I. Access to sites J. Type, height, size and appearance of pump stations, storage tanks, and other related above-grade structures K. Environmental mitigation (noise, odor, landscapes etc.) 2. Reclaim water systems A. Number and location of underground or above grade storage tanks, ponds and related pump stations B. Size and location of recharge ponds C Sites of ponds, storage tank and pump stations(acquisition, leasing or easement) D. Construction costs E. 0 & M costs and operation responsibility F. Location and piping easements G. Access to the sites H Spray ground - fairways, lawn and other areas I. THA's right J. Structures type, height, appearance K. Environmental mitigation (Noise, odor, landscape etc.) 3. Public facilities and infrastructures A. Main and common roads B. Main and common waterlines, sewer lines, storm sewer lines pump stations C. Lighting and other public utility systems on common roads D. Parks and schools " o o E. F. G. H. Wet land enhancements,)lnd maintenance Municipal golf course .- ~d-~) Future Yelm City Hall UUO and municipal bonding 4. Subdivision and implementation A. Master plan B. Phase I subdivision and implementation C. Site clearing (1). grading (2), stumps and trees removals and burning (3) Excess grovels processing D. Financing 5 Water and sewer charges A. Hook-up charges B. User charges C. Waiver or trade-off for both water and sewer charges 6. Storm and other charges A. Waiver or trade-off 7. Building and lor development standards 8. Schedules of development 9. Reclaim system A. Design review 8. Cost vs. public financing C. Schedule O. Construction E. Operation 10. Assistance from Yelm 11. On-going costs 12. Others '" .(....- /~71 C'/7 oL ~a , , Page 2 FRANK J. OWENS ARTHUR L DAVIES JOHN V LYMAN ALEXANDER W MACKlE* RICHARD G. PHILLIPS, JR. BRIAN L BUDSBERG MICHAEL W MAYBERRY KIRK M. VEIS ROBERT F HAUTH BURTON R. JOHNSON (1970) OWENS DAVIES MACKIE A Professional Services Corporation Attorney~-at Law NOV - 2. ,- --.- ') Street address 926 - 24th Way S.W Olympia, Washington 98502 Mailing address POBox 187 Olympia, Washington 98507-0187 Plwne (360) 943-8320 Facsimile (360) 943-6150 CYNTHIA D TURNER MATTHEW B. EDWARDS JAMES H. BLUNDELL, JR. 'ALSO ADMITTED IN WASHINGTON, D.C. October 31, 1995 Shelly Badger City of Yelm POBox 479 105 Yelm Avenue West Yelm, WA 98597 Dear Shelly' Enclosed please find a letter for your signature addressed to the Dragts regarding Transfer of Water Rights Sincerely yours, OWENS DAVIES MACKIE JHB/slg Enclosure s H Blundell, Jr City of Yelm , ~ YELM. WASHINGTON 105 Yelm Avenue West POBox 479 Yelm, Washin,gton 98597 (206) 458-3244 October 31 , 1995 Henry and Jane Dragt 14848 Longmire Street SE Yelm, WA 98587 Re Transfer of Water Rights " Qear Mr and Mrs Dragt:" On behalf of the City of Yelm, I am yvithdrawingthe earlier offer of the City to acquire wat~r rights gated July- 10, 1994 and am offering to acquire the water rights currently in exi~tence ,on your dairy farm P!operty for use in the City of Yelm's municipal water system under the terms and conditions of this letter agreem,et;'1t. In exchange, the City. will guarantee the availability of municipal water to your property I have attached a Statutory Warranty Deed for the conveyanc~ of your water rights to the City of Yelm If you agree with the terms and conditions of this letter agreement,please sign the, letter agreement as well as the Statutory Warranty Deed The deed must be signed and executed in the presence of a notary publi.c. The following terms and condjtions represent the agreement of the parties and is the "other good and valuable consideration" referenced in the attached Statutory Warranty Deed By signing in the space provided below, the parties agree to the following terms and ,conditions 1 The CitY of Yelm agrees to provid~ access to the City's municipal water system for the property described as th.e Appurtenant Lands in Exhibit A to the attached Statutory Warran,ty Deed, at the time and place that such access, is made reasonably possible and subject to al! fees, charges, restrictions and regulations of the City of Yelmand the State of Washington pertaining to the City's municipal water system ;.-- 2 The Dragts agree- to transfer and convey all permitted and 'unpermitted water rights currently existing on the property described as the Appurtenant Lands in I. Rec\,cled paper Henry and Jane Dragt October 31, 1995 Page 2 3 Exhibit A to th~attathed Statutory'Warranty Deed, and to make such transfer and conveyance by signing and executing the attached Statutory Warranty Deed The Dragts hereby authorize the City to detach all such water rights from such Appurtenant Lands and to change their use to include municipal use "The Dragts also hereby authorize the City, to change the point of diversion and means of conveyance of the water of such water rights to any location that it may designate. The City of Yelm agrees to file all necessary applications and documents with the Washington State Department of Ecology in order to effectuate this transfer and to make the changes necessary to the use, point of diversion and means of conveyance The City agrees to bear all the costs of such applications and documents, as well as the costs of any necessary'studjes and analY$is required by the Wa$hington State Department of ~cology in approving such transfer The Dragts agree to cooperate with the City in obtaining all such changes, Including without limitation, signing~ any applications or other d0cum~nts that may " reasol1ably be required to effectuate this transfer The Dragts agree to avoid any Interference with the processing or approval of such transfer " if' 4. The Dragts hereby acknowledge, covenant, represent and warrant as of the date of this ~greement that (a) the pragts are the ,owriers in fee of the water rights, , (b) the Dragts' title is subject to no encumbrances, defects or exceptions, (c) the Dragts will not hereafter enter into any contract or create any obligation which will bind the City as Its successor inin~erest with respect to the water rights, (ej) the Dragts pre not aware of any material defect in the water rights, (e) the water rights are in full force and effect, (f) the water rights have been used continuo~sly, withbut any material interruption in use, 'since. (9) the Drag'ts .are not aware 9f arwact or omission on their part with respect to the'use or registration .of the wCiter rights which could result in the loss, abandonm~nt, or diminution In such water rights, Menry and Jane Dragt October 31, 1995 Page 3 {h) the Dragt~ will use their best efforts to cause the.conditions set forth in.this a~reement to be satisfied, and'~ ~ all sketches, documents, materials and information provided-by the Dtagts shall be true and correct in all material respects and shall not fail to include. any materi,al information regarding the water rights (i) , Thank you for your cOC;>PE3ration in this matter We look forward to a successf(J1 tran~fer of your water rights to the City of Ye!m GRANTOR Sincerely yours, Shelly Badger Gity of Yelm GRANTEE HENRY,DRAGT "- KATHY WOLF , MAYOR, CITY OF YELM I ' JANE DRAGT Filed for Record at Request of When Recorded Return to: James H. Blundell, Jr. OWENS DAVIES. MACKIE P.O. Box 187 Olympia, WA 98507 STATUTORY WARRANTY DEED THE GRANTOR Henry Dragt and Jane Dragt, husband and wife, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, conveys and warrants to The City of Yelm, a Washington municipal corporation, all of their water rights appurtenant to the following described real estate, situated in the County of Thurston, state of WaShington and all interests grantor may have in and to those wells, located on such real property, including all pipe lines and other component parts of the existing water system, including easements, now located on and used for the benefit of the properties of grantor(s): See Exhibit A attached hereto. Dated: , 1994. J. STATE OF WASHINGTON ) ) ss. ) County of Thurston On this day personally appeared before me HENRY DRAGT and JANE DRAGT, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their C:\WP51\51\JHB\DRAGT.DED free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this , 1994. day of NOTARY PUBLIC in and for the state of Washington, residing at Commission expires: ~ C.\WP51\51\JHB\ORAGT.OBO 2 EXHIBIT A Appurtenant Lands ,.;, C:\WP51\51\JHB\ORAGT OED 3 City ofYelm ( PO Box 479 felm. WA 98597 Henry and Jane Dragt 14'848 Longmire Street SE Yelm, WA98587 \. (\ (~ TH,~~~{STON HIGHLAND ASSO~_,ATES 1917 First Avenue Seattle, Washington 98101-1027 October 9, 1995 Ms Shelly Badger Cluef Admimstrahve Office City of Yelm POBox 479 Yelm, Washington 98597 Subject: Thurston Highland Dear Shelly" Your letter dated September 26, 1995 was receIved. The tasks identified are Important to us in our current planning efforts. We have receIved bids on sIte surveymg and new well drillings while other site design issues are bemg looked at. I am writing to the CIty to discuss three subjects 1 Thurston Highland understands that it is responsible for the cost to drill a 1,000 gpm well wluch IS covered by the DOE applicatIOn tor three wells We are concerned about the outcome of the well at the desIgnated locahon glVen the tact that two out ot three sites selected earlier turned out to be dry Should the CIty and THA seek addIhonal expert advIce on the well site pnor to spendmg the money this time around? Assurrung this new well wIll produce the desIred volume, please confirm that the water produced will immediately be piped to the eXIstmg water system or wIll it be capped for future needs. 2. Thurston Highland would like to know ot any consIderahons glVen on separate rate for usmg Its own water for the golf course irrigation pnor to any housmg development. Is It possible for Thurston Highland to drill its own well and work out the detmls m an ordinance? 3 In the process of acquiring a stnp of land from Doyles and Bosequetts for the sole use an an access road which will become part of the SW Yelm Loop Road, the County would charge a back tax for removmg the parcel from the Agricultural Land exemphon, however, the notice allows tax and penalty not be Imposed If the land IS by officIal action disallowing the present use, Le., from agnculture to public thoroughtare as lughlIghted under 3( e) We would appreciate the City to issuing a simple statement to confirm this actIOn so that we can fInalize the transachon. (206) 443-5300 . (206) 443-5372 Shelly Badger October 9, 1995 Page 2 o o Please discuss these subJects wIth the appropriate City staH, and let us know the answers or If a meeting will be benehcial to clanfy the ideas raised. Sincerely, THUR~CIATES -, '"L - ~.,;:s T Su, AIA- - . ,- ProJect Manager DTS 10 Enclosure c. Central Files 23576-111 '.: ~:~:, i.:::,:;~Ji~iisJl~~':~ .'"0~,f;i~~~~~[;I[e'im .. .~ ' ~. :;;,"" ,: ;.'; Go ", .1... lit . .,~, "'-:~c.~-i;:'~Sf"~r~:tt::,:,,'.-r.:'.'.' .'.!/~>s ..t'1;:;:~~:, f. - " ' . .,r........;.....:.. 4",- ;' .\. 105 Ye/m Avenue West POBox 479 Ye/m, Washington 98597 (206) 458-3244 September 26, 1995 Thurston Highlands Associates c/o KCM 1917 First.Ave Seattle, WA 98101 A TTN Mr Dennis Su RE: SOUTHWEST YELM FINAL MASTER PLAN SCHEDULE FOR WATER RECLAMATION PROJECT DESIGN Dear Dennis I would like to thank you and Paul for meeting with us last week to diSCUSS the status of the reuse project and your final master plan schedule As we discussed, the Department of Ecology has approved our Facilities Plan and we are ready to proceed with the design of the recommended facilities You have been provIded a copy of the Facilities Plan which outlines the work which needs to be done, along with the planned schedule The schedule shows the deSign starting In September of 1995, and being completed in July of 1996 Construction IS scheduled to begin in September of 1996 wIth completion about a year later The City has authorized Skillings-Connolly to commence the deSign for the planned facilities They have prepared a more detailed schedule which identifies some speCific areas which will require Thurston Highlands to coordinate their final Master Plan with our deSign schedule Some of the speCific areas which directly Impact your Master Plan and our design schedule include ~ The horizontal and vertical alignment for the boulevard road ~ The location of the rapid infiltration basins ~ The location of the storage tank ~ The new well(s) location ~ The location of water hazard areas Our design schedule is very ambitious We have included a partial list of milestones which are Important for your Master Planning purposes. ~ THA to prOVide a schedule for drilling and developing of well(s) ~ Select well location, coordinate with DOH ~ THA to commence well development ~ Begin rapid infiltration site search (requires approximate location) ~ Begin site selection for the RW storage tank ~ Select final rapid infiltration sites 10-15-95 11-01-95 11-01-95 11-01-95 11-01-95 12,.31-95 ..:~; ~~: 1 '- ,. !'. -r-:.... -. ...... .- . - ',.' @' ?#", -:; ~ ., _ ._#. J : r: ... - ReqcleJ FPer ..... .;.0. -' y'~.\~~:t~'" ~ -;l:~r '1"';'_ , , _0 __" .._ ~ , ., "'_. -:0';" ~'7= -;, ~ .. ~- ,~" - ~ '" :!.-.:. ..-;-.\.--..~..-.. t"'.. . .- --;-~:--;- -;--;-- T- -. -.--- ~~- . " .......:1 .. , ;;.. ... -",' .\.. -.>. ..... ,Mr Dennis SLi i <- September 26, 1995';,-",,!,; !' . . ". ,',c.. p' -'- ~:.;..!.,. /. ;. '_.'_ age. 4.:....... - - :. ~~ ..~.:- - ::.. .~~~:~i;~~1~. ;-', ("-. ,U ;;~.. . ..- .~-'t ,;.\:.. :- , i' ~ Select final tank location, shape and' aesthetics ~ Preliminary RW. pipeline layout (requires prelimmary horizontal and vertical alignment for the roads) ,j~ Begin final RW pipeline plan and profile ,j Locate irrigation and water hazard access locations (these are for the RW connections for irrigation water) ,j Complete final design documents and submit to DOE 12-31-95 12-01-95 12-31-95 02-01-96 07 -01-96 This schedule has not changed from the one provided a year ago when we started this project. As of this date weare right on schedule The City has started the water rights application process and has progressed with that application to the point where we have advertised our "Intent to Appropriate Waters of the State" as required by DOE and the RCWs That process will be completed within the next few days allowing you to move forward The City needs your schedule for drilling and developing the new wells ' As we discussed at the meeting on Friday, your Master Planning process is critical to our design process The City needs assurances from you that your schedule for completing your Final Master Plan will meet our schedule Please review the dates above and compare those specific task milestones to your schedule If you see that you may have some problems prOViding the information, we need to know that as soon as possible For example, you indicated you have not started the golf course layout or the road layout. You will need to get your process sufficiently complete to meet the above listed milestones The Final Master Plan approval process will not necessary run concurrently with the completion of the milestones. Our consultants are ready to meet with you and your planners to work out the details to meet the schedule So the City may plan accordingly, we also request you provide us with a schedule for development of your site, especially the phases you plan on developing This would include such items as grading, drainage, power, phone, paving, storm drainage, STEP systems, water, golf courses, etc. As mentioned above, we have a very ambitious time-line In order to secure the construction funding for the project and to meet the requirements of our Conditional Use Permit, It IS absolutely imperative that we keep on this schedule We have a tremendous amount of work to accomplish in the next few months. You are important to the success of meeting this schedule Please adVise us by the end of ' the week, September 29, If you can not meet any of the milestones indicated above We are looking forward to working With you on your exciting Master Plan and coordinating our design With your master planning process Sincerely, <(fY of Ye/m ~lt LWlLtdc: ~( Shelly BWger . lJ City Administrator ~~~.-.. j ~;B;'rges - '-' - ~ Reuse Project Officer J ,. . ", ::~~,l!IJ'$~ ' , .. '~;;"-: ~ .... .0;0" .......... . 0..,; ~~~..; ....-":~-._.. .... I'~ ,\ ,- r ~ !--. '~~~I \ ..:... ~ -~.. r:';. - _...~. ." .. ~~: ,',{:i~~;:;;~~1~;~:!-~~. _. ; :~~-~. ~;' ~r=;~'.~ ..,. "", lo --:: ~ ~~ ",' ~.. , ;- )' " ! September 25, 1995 Q:.1 't""J ()+ ~'''''o ~""'~."""~~~';",.;.'-""~ ..--~......,~ ..---- -... \ ~'II- F""C '~l - _.-.,~,_'--- ~ i Thurston Highlands Associates C/o KCM 1917 First Ave. Seattle, Wa 98101 A 77N Mr. Dennis Su RE: SOUTHWEST YELM FINAL MASTER PLAN SCHEDULE FOR WATER RECLAMATION PROJECT DESIGN Dear Dennis' I would like to thank you and Paul for meeting with us last week to discuss the status of the reuse project and your final master plan schedule As we discussed, the Department of Ecology has approved our Facilities Plan and we are ready to proceed with the design of the recommended facilities. You have been provided a copy of the Facilities Plan which outlines tho work which needs to be done, along with the planned schedule The schedule shows the design starting in September of 1995, and being completed in July of 1996 Construction is scheduled to begin In September of 1996 with completion about a year later The City has authorized Skillings~Connol1y to commence the design for the planned facilities They have prepared a more detailed schedule which identifies some specific areas whIch will require Thurston Highlands to coordinate their final Master Plan with our design schedule Some of the specific areas which directly impact your Master Plan and our design schedule Include -.J The horizontal and vertical alignment for the boulevard road -.J The location of the rapid infiltration basins -.J The location of the storage tank ~ The new well(s} location ~ The location of water hazard areas Our design schedule is very ambitious We have included a partial list of milestones which are Important for your Master Planning purposes' THA to provide a schedule for drilling and developing of well(s) Select well location, coordinate with DOH THA to commence well development Begin rapid infiltration site search (requires approximal9 location) Begin site selection for the RW storage tank Select final rapid infiltration sites Select final tank IOC$tion, shape aesthetics 10..15.95 11- 1.95 11- 1-95 11-1.95 11~ 1~95 12-31~9S 12-31~95 .' .... o o Preliminary RW pIpeline layout (requires preliminary hon'zontal and verlical alignment for the roads) Begin final RW pipeline plan and profile Locate Irrigation and water hazard access locations (these ara for the RW connections for irrigation water) Complete final desIgn documents and submit to DOE 12- 1-95 12-31-95 2- 1-96 7- 1-96 This schedule has not changed from the one provided a year ago when we started this project. As or this date we are right on schedule The City has started the water rights application process and has progressed with that application to the point where we have advertised our II/ntent to Appropriate Waters of the State" as required by DOE and the RCWs. That process will be completed within the next few days allowing you to move forward The City needs your schedule for drilling and developing the new wells As we discussed at the meeting on Friday, your Master Planning process is critical to OlJr design process. The CIty needs assurances from you that your schedule for completing your Final Master Plan will meet our schedule Please review the dates above and compare those specific task milestones to your schedule If you see that you may have some problems providing the information, we need to know that as soon as possible For example, you indicated you have not started the golf course layout or the road layout. You will need to get your process sufficiently complete to meet the above listed milestones The Final Master Plan approval process will not necessary run concurrently with the completion of the milestones Our consultants are ready to meet with you and your planners to work out the details to meet the schedule. So the City may plan accordingly, we also request you provide lIS with a schedule for development of your site, especially the phases you plan on developing lhls would include such items as: grading, drainage, power, phone, paving, storm drainage, STEP systems, water golf courses, etc. As mentioned above, we have a very ambitious time-line In order to secure the conslH1(;tion funding for the project and to meet the requirements of our Conditional Usa Permit, it is absolutely imperative that we keep on this schedule. We have a tremendous amount of wor'1< to accomplish in the next few months You are important to the success of meeting this schedule Please advise us by the end of the week, September 29, if you can not meet any of the milestones Indicated above. We are looking forvvard to working with you on your exciting Master Plan and coordinating our design with your master planning process. Sincerely, City of Ye/m Shelly Badger City Administrator Gene Borges Reuse Project Officer . ~Nn ___._...---- pl de .-v>rt'\.,ntkT DevelopIl1ent DOtlGL1\.S Gl\R,l~ w ~"~:1 ~'~~\ r'J)\<~~>;' \ anIle OllU-~.\..U-~"J Garland & AssocIates')' ,)?~.\\~~p~:sr~'J\ FOR SALE 111 ThurslOf1 Co Ul1IY, yelnl 17625 !'l.E. 65th'- ./' ~\\ r:~ \\,;~ Jt-) . Stll1lll..1GT01\..1 Red!l\ond. VI A 9 BO 7:3 ,975 5 \\~;' ~,;;:~\;,:1- \ Vi ~ lJ.l" 1" 206.BB5,1214 \,~. wr.~'5Ji 206,.~B:, :~j.,0. )~. .~q'rFz'r r COMPE1.'fl'lO!'l18.hole ~lf Courses on 2.50 acres. ~ I ,~ ' J \ ':$":;,:.__ p; -.', 0,):--: . 1 610 HoIlle 'h Acre Lot SItes. ,. . \'" I ."1\.~ ,tdp' '\:' . . .~ \ ,> \Q ,~~S~ ., i i~~:\ . 50' Acre light cOIllIllerclal sIte. .: /'. ~ 9'- ~f' ,fT" JoPI\ . 12.00 Acres total. ~~~~~~~.~\,':~~.}r-:j, . Breathtaking vieWS of.Mt. Rail;'ier. I : ~$~?IR~""/ ~/r. . 14 Miles froIll Oly!l\Pla, washlngton. ~,;~;~~~~~ l ~Jy.~."'~:-;-1;;.9 . 2.0 Miles froIll'l'acoIlla. ,:c .. i) .f',~"jjJ\1;. >'l\&~E,i::~ Si\LE PRICE: $12 Minion 0, l:~-\\\ \jflL~:-a~j;;.-;'" J~,~,:,,=,'_~\\jl~~~J :~-d -J~ 50nt~ Joint-"Venture price: $6.5 M.inion ,. \ /~) '..- .~. ,,'p~;;O- ~~-:::_~ ~,I -'1I \ u --=t5' .'.. .' , ' ~~.".. j ,,/,, ~'i;x \' -"1l~ .J~-" ' " RIO< \, . 0' . c. PUVALLUP sparlaW8Y oy yelrn '^" err< ~,_" _, """ _- AU'U'" .. -"' d rd R""1e' TEti,NO , . " ~ eo' ' .:::' . _ CO .....,.. MeChO F"'LOW~ · ~~__--~-=.",:. cA,"A.O" .......... ".' KEN1 0 FEDERAL - ,.AFB .. ~=""'_='_ _, _' ._ N'~ _ WAY ..Po...... ... ""~....-"_._.._- _.. 1. ~ REN10 ..- -.."" . T AC.O." ,-'-::;:.::.-:-::-'" -~--' --- sut .~. ....__... -- Eo-..... - c'-,', 1UKWILA"-'" _e ,.' -- ",.-' -.. -- . .......... .'\ . --=- _ REDMOND ,_ ._ '-Me rear ~_. . C6_~ -::r ..... . -'f '~".<' '" ."","co'''. ",:c~.." ..' - co, .... . . . II:: '.lM1d ~ -".,-' N ....". "" '" ' , .. ...., , .._' _' ............ c' URIE " ",'--' '..' '-, --" ft10NROE ' __~ ftE,oL;~rNV~,- ' . " ,1:~>'" ' ,.'_ --.> .' ,..... .. " ) "'" '-""8' " , o -~ "~7; .," ....".n>., ~ __ i .._ ....' '" e011l!lL'::; .~ .s~~t?,lf .- ". '\,_ . .. ...';00 ~AReOR .- . -- ~. 0 L Y 111 P~t\1,"'A ". . _ __----..,::':{ ,~ . S'''' , .l~:' ",",' .- ....'" r -' - -=- - "." cap/ti4. - , ---.-"'- ....,. . ...--.' '. '- - ." ' ' ,,5 . NOHOMISH ~.-::;::;;;::::::.:::--.. . KerlrnGf'8~' ..":.~:.<"'n~'f'. ..::--___ .,;;-<: _._.tlhUlo-4h --. ..- - /, - ..- ..~,.o , .......-.........._~_ ~ ko FO"" ' ~-" ." ,-. .. ..' -.. . ... .,-- .. 0(,' .. __'- ..0 ........, " ".' ~.. 0" -., .. .... . , . ,,,,.-, 1.;.... .' a..... _.:._.........~ ..' '. 0" ,....; -" , -- .j(oy, "",,," - . 1'= ....' -," """" ,/.. . :, <;:>.u.Hf'l"!oeo .,1;.'1<.2;;;:-..,' -"'l' 0" W,..J.W~ -:::- - , " .. .," .. ,-;:.,., '.. . _ .,r~" .::.~,:...'..' ,.' :i.~ SO.\- ,,,.., ~ (IIl10RC~.ARD -' -. -.:::;.., <:-C" . ._..... __ ~1I"""" ;r ,..' -' \~ ' ' ,- .. -; .. / IIARyS!Ii..otiii.tEO "l4,~. -: :;::..-::::---.' SREIVIERT()J';r" ,,:. .' .~- " . o o --------.- ... < }]. STATE OF WASHINGTON SEP-8'~- DEPARTMENT OF ECOLOGY PO Box 47775 · Olympia, Washington 98504-7775 0 (206)l..7+V7"b300 September 1, 1995 City of Yelm 105 Yelm Avenue Yelm, Washington 98597 Dear Sir or Madame: Re: Ground Water Application No. G 2-29084 Your application for the appropriation of water has been assigned the above referenced number. Please refer to this number in future correspondence. Enclosed is a notice of your application which must be published once a week for two consecutive weeks in a qualified legal newspaper of general circulation in the County or Counties is which the storage, diversion, and use is to be made and in other newspapers as directed. A list of these newspapers in your county is enclosed. The applicant is responsible for the payment of the publication. Please read the notice carefully to make sure it is correct. Should you find an error, please return the notice to our office for correction. You should mail or deliver the enclosed notice to a newspaper regarding publication as soon as possible. When you receive the affidavit of publication with the news clipping from the newspaper, please forward the original to this office promptly. Since your application is for service of more than one residence, it is considered a public water supply. Public water supply systems are required to be approved by either the Local Health Department or the State Department of Health, depending upon system size. If you have not already done so, I suggest that you contact your Local Health Department or DOH, Drinking Water Section, Olympia, Washington, for further information. Sincerely, 1JA~ --;Fo;L Sheri Fox Shore lands & Water Resources SF:th Enclosures ~1~ o P IERCX COUNTY South Pierco COunty Diepatch Poet Office lox 24. latonYill., W.ahlnqton 98328 019 Harbor, 'enln.uta Cateway Poot Office loa 401 Oi9 Harbor, W.ehin9toft 98335 Puyallup, Pierce County Herald Post Office lox 511 Puyallup, Wa.hinqtoD 98311 SWIIU\er, Slev. - byi_ Poet Office lox 421 Sumner, W.8bln9tOD 98390 TacomA, Cally Ind.. 714 ,aclf1.c Tacoma, WaehLngtoa 98402 Tacoaa, Labor Advocate Labor center Building 950 'awcett Avenue South TacOMA, Ua.hlDqtoe 98402 Tacoma, ..",. 'frlbuM Poet Offlce ao. 11000 Tacosa, .aehlnqtoD 98401 'l'acau, '~rbaft 'l'ta.. Poet Office loa "~'I' IAkewoocl center Tacoaa, .aebLngtoe '8499.. \ ~ d<<- ~, I:z"';' . ':) S JiW(M I A COCJN1't Steyeneon, Skamania CO Pioneer Poat Olflce SOx 250 Stevenson, W.8hlnqtOft 98641 THURSTOII COUtn'Y Olympia, Dally Olymplaa Poet Office lox 401 Olympia, Washln9ton 98501 Tenino, IndependeR 'ost Offlce 10. D TGlnlno, 1fa8hi~oa 98581' ~. Yela, .luque11y Valley w.v~, Poet Office loa 591 ) Yela, W.ahlngtoa 98591 --------- ----- WAHltIAlWII COUJftY Cath1...~, WahklakQa OCunty lag1e Poat Off1.ce 10. 36. Cath1...t, WashlDgtoa 98612 3\f\ . ;~~, '~~;,."'-~' WASHINGTON STATI o I P A H T MEN 1 0 I ElOI,O(;Y NOTICE OF APPLICATION TO APPROPRIATE PUBLIC WATERS "TATE 0.. WASIIIN(.TON 1)1< J>ARTMI< NT 01- \0('01,0<. Y TAKE NOTICE That .C.i.tY...QL.Y.e.lm... Yelm~ Washing~~.~...___ on J a n u a rL_L~...)}.~.~..__._______. under of ApphcatlOn No G 2-29084 from .3...weJ l.S....m........____.. filed for permit to appropnate pubhc waters, subject to eXistmg nghts, m the amount of 1500 .g.?:.u.9.~.~...p.~!:'...r:r~tD.~.t~m?:~ml}.~~~.E;?d y.~? r round Jn~ oj .r:;. j. P.9J. _ .?l,J. R P.! y.... _.... --.. -.... - -" each year, for The source of the proposed appropnatIOn is located withm NWV4 of SectIOn .2.7.--.m...' Township..__mJ?...m_. N , Range 1 E WM,m Thurston ......--...-...- County Protests or objections to approval of this application must include a detailed statement of the basis for objections: protests must be accompanied bv a two dollar ($2.00) recordinr; fee and filed \dth the Department of Ecology, at the address shown below, within thirty (30) days from October 12, 1995 (Lasl dale uf puhlicatiun tv be emered ahuve hI' puhlisher) DQ\)\- Qf....i_.~~_._......_.........__.__.. r_uO....J30'f.... tf T1.15__...__.__..________._...._....... Ote~!t\..-- ili_______qySO'~.~__]lJ5--------__ PUBLISHED: Nisqually Yall~yNews: ECY O4Q.i-I .-'~ 3 Rev 2/79 10/5/95, 10/12/95 NOTICE ~yallml!~~tt" YELM, WASHINGTON 98597 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON County of Thurston Fiona Reeves , being first duly sworn on oath deposes and says that she/he is the general manager of the Nisqually Valley News, a weekly newspaper That said newspa- per is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published in the English language continually as a weekly newspaper in Thurston County, Washington. and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of Notice of Application to 'Appropriate Public Waters as it was published in regular issues (and not in supplement form) of said newspaper once a week for a period of 2 4 day consecutive weeks, commencing on the of October gt:) . and ending on the 19 11 day of October ,19 9'5 both dates inclusive and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ which amount has been paid in full. 30.00 ~ Subscribed and sworn to before me this n day of residing at Yelm, Washington. This form officially sanctioned by the Washington Newspaper Publishers' Association I'r! , - , , "'i' '+ ......' h \; \ - " ,...... \. Slala 01 W..lllngton OepartmenlolE~ogy NOllCE OF APPUCATION TO APPROPRIATE PUBUC WATERS TAKE NOTICE: That City of Yelm of Yelm, Washington on January 1, 1994 under Appllcallon No. Q 2-29084 med for permit 10 approprialll public waters, subject to eJdsllng righls, from 3 WIlla in tle amomt 011500 gaJIona per minute as needed year round each yeer.lormunlcipel supply. The source of the proposed appropriation is located within NW 1/4 of Section 27 Township 17 N., Range 1 E W.M., In Thurston County. Protesla Of objections III approval 01 this application must Include a detailed statement 01 the basis for objections: Jlfl*sta must be........... 'I"'" ilt.d by a two d:lIar ($2.00) recording fee and liIed wi1h the Departl1ient of Ecology, P.O. Box 4m5, Olympia. WA 98504-m5, wtIlin thirty (30) days lIllm October 11. 1995. PubRshed In Nlaqually vaWey News, October 4, II, 1995. ____.____~____"'"c~ _ .-- ,__~~ ~--~~-~~~- - -~---~- C4JtJ- ~v EnulYl!I'tflwJcL ~UU!e<J . _ ,~~' t (Uo-. >fv( iUffJl . 2 I tvJJL~'~ . .- _J {^1~'0- ~l~~J"IOJ t e~li I'M cY. er -!o ~/IC6 ' . .... dW~;I'~~~ fix ~J- 0 (j':J . O-J/ (Jhd?'~~ . (/I1Jf f4v> . ()7A../ IIiL.p r OJ}/Ic~ . . A:A)~Uuf . - . ... cD J\uf ()h -h) r>>1'1.. ~o f11t --! lLp jJl'J . fto /l!-vJ (fto -f;~ ~ _: ~ ~611~,/ ~- ll)'\~-r ~~ ij.,.J)f(~ '~~ ~8n!1 " " Ji. ~~ ,(ct <- - i - ,- -- .. - - ,~ ~ r ,--~.. -i -~ ~e(~f, . ~ D ..~. . ,- .Y ~ - .-' . ,-- ~ - / _ -r. /~S[LL {,[ ~~Jl~~ ct ,u S- - . q.J . II;. ~~~ fwv. b CJl~JAiI~. ,"" . --. -,-' ...-.. " . .' - -Av~tll~' -,", ~--- - -, - V~J_p. .~0~rlA~, . .. -". n'--iJ;CI~~ r+fId1P}v:t - ---~~---- -- -~~-- --~---~ -~------------------- -~---- ----- p ~ 112__ ~PvtZ6P fCi)"EZP_~~' 'I f I I t i I , I " - , ' . I .. .., ,- ,- -.' r I , I: , , j, i '. j, - - t I I~ ,j~----' I ,.. - -- II -.; j 'l' I! __C;iE i'jLLCl~tL rr- ~__iiiJ0_ -(Lo}Lur;;j1~fJ1Mfr-~- __.uu ___(1L~~ LU. ?hh~ l~lz~-~~ . . - t- ~_u-- ",! ! , : r-_d_-~ . t'--, ---- I, 'I II I i II .~ -___\!.II____- FINDINGS, CONCLUSIONS AND RECOM:MENDATION SOUTHWEST YELM CONCEPTUAL MASTER PLAN PLANNING COMl\flSSION CITY OF YELM CASE NUMBER: MP-l PROJECT: SOUTHWEST YELM CONCEPTUAL MASTER PLAN APPLICANT: THURSTON IDGHLANDS ASSOCIATES SUMMARY OF RECOMMENDATION. The Planmng Commission of the CIty of Yelm recommends approval by the City Council of the City of Yelm of the Southwest Yelm Conceptual Master Plan and Conceptual Zoning Plan, subject to modifications and conditIons. PUBLIC HEARING: After reVIewing the applicatIon, SIte plan and environmental checklist submitted by the applicant, the Planmng ComIllission held a public heanng on July 18, 1994. This public heanng was extended to the next regularly scheduled Planning Commission meeting on August 1, 1994. The Planning Commission held a publIc work session on August 4, 1994 at a speCIal meeting of the Planning CommiSSIOn. ENVIRONMENTAL REVIEW: In February of 1993, the City of Yelm published an EnVIronmental Impact Statement for the annexation and development of the Southwest Yelm area. That EIS considered the impacts assocIated with annexation as well as various conceptual developments scenarios. With thIS extenSIve envIronmental reVIew in place, the CIty determined that an addendum to the Final Environmental Impact Statement would satisfy the need to review addItIonal mformatIon and analysis for this conceptual master plan review. On July 11, 1994, the City of Yelm issued an Addendum to the Final Environmental Impact Statement for the Southwest Yelm AnnexatIon. Based upon the evidence submitted, the testimony gIven, and the analysis of staff, the Planning ComIllission makes the followmg: FINDINGS: 1. Thurston Highlands Associates is the lead applicant requesting approval of the Southwest Yelm Conceptual Master Plan. The Master Plan area encompasses 1,860 acres and is located northwest of State Highway 507, southwest of the downtown core of the City of Yelm, and southeast of the boundary of the Fort Lewis reservation. The Master Plan area consists of 37 ownership/parcels planned together as a single planning unit. 2. The Master Plan subnuttal mcludes text, maps and an envIronmental checklist. The Master Plan map shows proposed land use desIgnations, major transportation cIrculation routes, major physical characteristics on the property, proposed phases, and property ownership boundanes. The apphcatIon follows the CIty of Y elm's Master Plan Ordinance requirements. 3. The Master Plan area was annexed to the City of Yelm on November 23, 1993. Prior to annexation, the area was zoned under the County's Rural Resource ResIdentiall/5 zomng designation. The Master Plan area is currently zoned as RA-5A under Section 17.40.020(c) of the Yelm MUniCIpal Code, whIch also allows one unit per 5 acres. 4. Conceptual Master Plan approval is the first step m the Master Plan process. The purpose of conceptual reVIew and approval IS "to establish general land use policies to gUIde detailed planning for and development of the Master Plan area. The Conceptual Master Plan shall Identify the generalized land uses, transportation and circulation routes, and services proposed for the site." Section 5(A), Yelm Master Plan RevIew Ordinance. ReVIew of the Conceptual Master Plan IS performed first by the Planning Commission and then by the City Council. Review is as follows: The Planning Commission shall review the application for completeness and, if it determines that the proposed Master Plan is consistent with the ComprehensIve Plan and the CIty'S other plans and policies, recommend approval by the City Council. If the Planning Commission determines that the proposed Master Plan is not so consIstent, It may eIther demand for modifications specifically identified or recommend denial by the City Council. Conceptual approval by the City Council, upon a recommendation by the Planning Comnussion, shall conSIst of an amendment to the Comprehensive Plan and an amendment to the offiCial zomng map. Section 5(B). 5. The effect of Conceptual Master Plan approval IS as follows: Upon conceptual approval by the City Council, the proposed Master Plan boundaries, proposed use districts, transportation FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 2 routes and case file number shall be identIfied upon the official zoning map. These districts and routes shall only be effectIve upon approval of a Master Plan meeting the requirements of Conceptual Approval and thIS Ordmance. Section 5(D). 6. The Planning Commission held public hearings to consIder the Conceptual Master Plan on July 18, 1994 and August 1, 1994. Wntten comments were receIved through August 15, 1994. 7. The onginal Conceptual Master Plan submittal shows a planmng area m excess of 200 acres in a single ownership. The Plan also proposes a mixture of uses including SIngle family reSIdential, multi-family reSIdential, general commercial, neighborhood commercial, and public facilItIes Including schools, parks and water system facilities. The applicant proposes to serve the entire Master Plan area WIth public servIces including transportation, water, sewage, storm drainage, other utilities and open space. The submittal Includes two proposed eIghteen hole golf courses and an existing public golf course, all intended to be maintaIned as qualified open space. The submittal also includes two school sItes, totalling 23 acres, and a five (5) acre park sIte. The submittal includes an area proposed for community service and commercial, for the purpose of sIting fire, police, or other governmental services, if needed. The subIll1ttal does not include any proposed industrial uses. 8. The Southwest Yelm Conceptual Master Plan submittal proposes the accommodatIon of 5,000 dwelling units, the number also used for considering impacts In the EIS. The Master Plan currently consists of 108 acres of multI- family and 948 of single family. 9. The City intends to analyze denSIties on the baSIS of dwelling units per net developable acre. "Net developable acres" are the number of acres remaimng after subtracting from gross area all land that IS unbuildable because it is environmentally sensitive, park site, open space, transportatIon or utility comdor, or for any other reason is Incapable of supporting development. 10. The applicant has proposed two areas for commercial uses. The first is an area near the intersection of the proposed Y -1 Corridor and the internal main loop road WIthin the Plan area. The applicant currently proposes the designation of 51 acres as General Commercial in this area. The Planning CommISSIon received testImony expressing concern over the scale of commercial development in the Southwest Yelm area as a potential threat to existing commerCIal businesses within the current City of Yelm. A phasing plan for the build out of commercial development FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 3 in the Master Plan area was suggested in conjunction with this testimony. The Planning Commission heard testlmony from the applicant that a severe limit on the scale of commercial structures would preclude any reasonable market for the commercial property. The apphcant proposed a limit of 400,000 square feet of commercial space in the Y-l Corridor area and a cap of 40,000 square feet for one commercial structure. The apphcant would be agreeable to a phasing plan for the buildout of commercial space In the Y -1 Corridor area. The Master Plan submIttal also proposed the designation of five (5) acres near the clubhouse as Commercial Service. The Staff Report has recommended that commercial development in the commercial distnct near the clubhouse be limIted The applicant has acquiesced to an overall limIt of 12,000 square feet of commercIal space with a liffilt of 3,000 square feet per commercial structure in the clubhouse area. The Master Plan map has shown the designation of a 16 acre parcel on the property owned by Bosequette as General Commercial. Staff has recommended the replacement of this designation with multi-family on the grounds that the additional commerCIal area is not necessary to serve the Southwest Yelm area and would unreasonably compete WIth and draw market share from the eXIsting busmess core of the City of Yelm. 11. The City is in the process of amending its Open Space and Park Ordinance to provide for the dedication of open space in the amount of five percent (5 %) of net built area in single family designations and ten percent (10 %) of net built area in multi-family deSIgnations. Applymg the proposed amendment to the Open Space Ordinance, the following approximate dedications of open space will be reqUIred: Thurston Highlands ASSOCIates - 56 Acres Rainier Estates - 11 Acres Other Parcels - 16 Acres Some concerns among Planning Commission members were raised that the private golf course on the Thurston Highlands Associates parcel should not be included in the open space calculations because the golf course will be a private golf course. 12. The Master Plan submittal proposes that the Plan area be served entirely by public and private utilities, including sewer, water, electricity, telephone, and cable TV. 13. The applicant has shown the possible location for a future State Highway known as the Y -1 Corridor. The applicant has shown the route for an internal main loop road through the Plan area. The applicant has shown the dedication of nght-of- way access onto the Fort Lewis military reservahon in the locations shown on the Master Plan map. FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 4 14. In conjunction with the Annexation of the Southwest Yelm area, the applicant signed an agreement obligatIng it to pay the costs of the City's Wastewater Reuse Program to the extent attributable to the annexed area. The CIty has obtained a Centennial Clean Water Act grant that requITes a local matchIng share. Staff has determined that the applicant's share is forty percent (40%). Staff has notIfied the applicant that fifty percent (50%) of its share is due by August 15, 1994 Staff recommends that, as a condition of Conceptual Master Plan approval, this payment first be made. The Wastewater Reuse Program will reqUITe areas of open land for irrigatIon. The proposed golf course in the Thurston Highlands Associates ownership IS well-suited for such applicatIon. Staff recommends that the installation of water and sewer lines necessary to serve the Plan area, as well as all the pertinent facilitIes, be constructed in phases concurrent with development. As such, staff also recommends that, pnor to final Master Plan approval, the CIty adopt an ordinance requiring installatIon of sewer and water lines In phases as well as a latecomer agreement providing for the reImbursement of the costs of such installation, also In phases. 15 The Planning Commission received testimony from the Yelm Commumty Schools that the proposed populations In the Plan area would reqUITe the construction of approximately seven new schools. The applicant has proposed two new school SIteS. CONCLUSIONS: 1. The Southwest Yelm Conceptual Master Plan is consIstent WIth the Master Plan Review Ordinance, Ordinance No. 495 of the City of Yelm, except to the extent necessary to modify the Plan as provided herein. 2. The environmental review and documentation prepared by the City of Yelm for the Southwest Yelm Conceptual Master Plan adequately describes the project, the impacts and potential mitigation. The Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexation, issued on July 11, 1994, satisfies the State Environmental Policy Act and rules promulgated pursuant thereto. Particular project specific impacts and mitigation will be identified at the time of development review and approval. 3. The Staff Report accurately describes the project, background information, applicable regulatory requirements, and analysis of staff concerns with the revisions noted herein. The Staff Report is attached as Exhibit A, and incorporated herein by reference. 4. The Planning Commission recommends approval of the Southwest Yelm Conceptual Master Plan by the City Council of the City of Yelm subject to the FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 5 following conditions. These conditions are Imposed to mitigate impacts identified by staff during Master Plan Review and EnvIronmental RevIew. The recommended conditions are as follows: A. Zoning. (1) Zoning in the Southwest Yelm Master Plan area shall be as designated In the attached Exhibit B, Southwest Yelm Conceptual Zoning Plan. (2) The Conceptual Zomng Plan reflects the follOWIng changes from the last verSIOn of the applicant's Master Plan map: a. Conversion of approXImately 13 acres north of Berry Valley Road from single family to multi-family. b. ConverSIOn of 16 acres owned by Bosequette from commerCIal to multi-family No other recommended changes to the last version of the applicant's Master Plan map were determIned to be of merit based on planning cnteria. B. Phasmg (1) The Southwest Yelm Master Plan area will be developed in phases as generally outlined in the attached ExhibIts C, D and E. C. Densities/Dwelling Units (1) The total number of dwelling units allowed in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling umts. This overall maximum is further allocated to each ownership within the Master Plan area according to the attached Exhibits C, D and E. (2) The minimum number of dwelling units in the Master Plan area shall be computed on the basIs of 3.5 dwelling units per net developable acre. Net developable acres is the land measurement remaining after subtracting open space, environmentally sensitive areas, parks, transportation and utility corridors, and any other unbuildable area. The minimum denSIty shall be applied and enforced according to the minimum dwelling units allowed by the attached Exhibits C, D and E. FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 6 (3) Accordingly, therefore, development in the Southwest Yelm Master Plan shall be between 3,946 dwelling units and 5,000 dwelling umts. D. TransportatIOn and UtilitIes (1) This conceptual Master Plan approval requires the establishment of two EssentIal Utility and Transportation Corridors. The Y-1 Corridor will serve the park site and school SIte on the northern boundary and the commercial property throughout the remainder of the Comdor. The second essential corridor IS the main loop road that connects to State Highway 507, loops through the Thurston Highlands ASSOCIates parcel, mtersects the Y -1 Corridor, follows Berry Valley Road and connects to State Highway 510 at Killion Road. (2) The Planning CommissIOn recommends the following mechanism for dedIcatmg the Essential Utility and TransportatIOn Comdors. All property owners whose property will be burdened by the Corridors will execute a reciprocal easement for the Comdors that will gIve each property owner the nght to use the Corridor on every other property. The easement will be executed prior to City Council approval of the Conceptual Master Plan. The easement will give each property owner the nght to dedIcate the entrre stretch of the Corridor to the City in conjunction WIth Final Master Plan approval. DedicatIon will be requIred as a condition of final Master Plan approval. In addition to the easement, the Planning Commission requires a Concomitant Agreement, wherein Conceptual Master Plan approval by the City Council will be conditIoned on execution of the reciprocal easement. For purposes of the reciprocal easement, the Comdors will be described generally as shown on the Conceptual Zoning Plan. For purposes of final Master Plan approval, the Corridors will be fixed by the mechanism described m the reciprocal easement. (3) The main loop road runmng from the southwest to the northeast in the Master Plan area shall be constructed according to an ordinance, adopted prior to final Master Plan approval, requiring that the road be developed m phases assocIated WIth development. In those areas where the road is not yet constructed in full to serve development, the road will be constructed to sub-grade elevation with a maintenance coarse surface for the entire remaIning length of the right-of-way. The City shall also negotiate and adopt a latecomer agreement for the construction of this road in a manner that provides FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 7 reimbursement according to the phases of construction. The applicant shall, as a conditIOn of this approval, agree to waive any and all protests to any such ordinance and latecomer agreement. (4) The dedication of the Y-l Corridor will be a SIxty (60) foot right-of- way to the City. In order to allow the potential future Improvement to a State Highway, the CIty will Impose a fifty-five (55) foot setback from each sIde of the dedicated right-of-way. This will ensure that structures are not constructed in the area that could potentially serve as the State Highway. (5) Prior to final Master Plan approval, the applicant shall provide the dedication of the access points shown on the attached Exhibit B, Conceptual Zomng Plan. (6) All development within the Master Plan area will be served by the City of Y elm's sewer and water systems. All costs of such servIce extension and construchon shall be borne by the applicant. All such utility service mstallahons shall be deSIgned and constructed in accordance WIth the requirements of the City of Yelm, the Department of Ecology, the Department of Health, the applicable Fire District and any other agency with junsdictIOn over such utilities. (7) The applicant shall pay fifty percent (50 %) of its share of the local matclung funds for the Centennial Clean Water Act grant pnor to City Council approval of the Conceptual Master Plan. Thurston Highlands ASSOCIates shall agree to enter mto agreements with the City to provide land acres for wastewater reuse applications, under the terms of the Wastewater Reuse Program. (8) Prior to final Master Plan approval, the City shall adopt an ordinance requIring the installation of water and sewer lines necessary to serve the Southwest Yelm Master Plan area at the time of the first initIal development within the area. The City will also negotiate and adopt a latecomer agreement for the reimbursement of the costs of installing such utility lines. The applicant shall, as a condition of thIS approval, agree to Walve any and all protests to any such ordinance and latecomer agreement regarding the extension of sewer and water. (9) The City will allow development of the Clubhouse and Restaurant in the Thurston Highlands Associates ownership on an approved septIc FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 8 system that is compatible with future hook-up to the sewer system, to the extent allowable by the Thurston County Health Code. E. Commercial Development (1) Commercial development along the Y-1 Comdor of the Southwest Yelm Conceptual Master Plan area shall be limIted to a total of 165,000 square feet of floor space WIth no more than 40,000 square feet of commercIal floor space attributable to anyone commercIal structure. The total of 165,000 square feet along the Y-1 Corridor shall be phased WIth development according to the following phasing plan: a. Fifteen thousand (15,000) square feet of commercial floor space will be allowed until the construction of 1,250 dwelling units in the entrre Master Plan area IS complete. b. An additional fifty thousand (50,000) square feet of commercIal floor space will be allowed after the construction of 1,250 dwelling units in the entire Master Plan area, but before the construction of the Y -1 State Highway. c. An additional one hundred thousand (100,000) square feet of commercial floor space will be allowed after the construction of the Y -1 State Highway. (2) Access to such commercial development from the main loop road shall be limited to no less than 300 feet from the intersection of such road with the Y-1 State Highway. No access to such commercIal development will be allowed from the Y -1 State Highway. (3) Commercial development witlun the five (5) acre commercial designation near the clubhouse In the Thurston Highlands Associates ownership shall be limited to a total of 12,000 square feet of commercial floor space with no more than 3,000 square feet of commercial floor space attributable to anyone single commercial structure. CommercIal development in this area will be modeled on a neighborhood village concept. F. Open Space and Parks (1) Development within the Master Plan area shall comply with the City of Yelm Open Space Ordinance, as amended. Currently proposed FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 9 amendments to the Open Space Ordinance reqUIre the dedication of five percent (5 %) of net built area In single family designations and ten percent (10%) of net built area in multi-family designations. (2) Thurston Highlands AssocIates shall dedicate the currently shown 10 acres of park in two 5 acre parcels concurrent with development according to the CIty'S level of service standards. See ExhibIt C. (3) In order to qualify the private golf course In the Thurston Highlands ASSOCIates ownership as open space, the applicant must establish that maintaIning It as a private open space satIsfies all of the cnteria of the Open Space Ordinance, other than dedIcatIOn, and that it serves the purposes of the ordinance. A pnvate open space must be accessible to eIther the general publIc or the residents of the partIcular development. The Planning CommIssion recommends that Thurston Highlands Associates select among the follOWIng required alternatives: a. open the golf course membership to the general public or residents of Thurston Highlands ASSOCIates; b. create a system of trails throughout the golf course and dedicate such trail to the City for publIc use; or c. dedicate an additional fifteen acres of park to the City under the terms of the Open Space Ordinance, as amended. (4) Although actual dedicatIon will occur at the time of development, the Conceptual Zoning Plan and Conceptual Master Plan Map shall show the reservatIon of an additional eleven (11) acre park on the Rainier Estates property. Parks dedicated in the remaimng parcels shall be in the amounts calculated pursuant to the Open Space Ordinance, as amended. (5) The applIcant shall obtain from Thurston County all necessary permits for crossmg the trail recently acquired by Thurston County from Burlington Northern. G. Schools (1) The Conceptual Master Plan map and Conceptual Zoning Plan should show the reservation of a total of three school sites for future dedIcation or purchase. The applicant has shown one fifteen (15) FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 10 acre school site and one eight (8) acre school site, both on Thurston Highlands AssocIates property. The maps should show a tlnrd school site of at least eight (8) acres on Rainier Estates property. (2) The sIting of all school sites wIthin the Master Plan area shall fully comply with the standards Imposed by the Supenntendent of Public Instruction for the sItmg of school SItes. (3) In the event that any of the school sites reserved pursuant to thIS Conceptual Master Plan are determmed by the School Distnct or the City of Yelm to be unacceptable for the development of a school site, the School DIStnCt may elect to waive the reservation and accept a voluntary agreement in heu of such school site under the terms of RCW 82.02.020. (4) The school sites reserved pursuant to this Conceptual Master Plan are not intended to serve as full compliance wIth any requirement that the City or the developer make adequate provisions for schools (i.e., impact fees, voluntary agreements, dedicatIons, etc.). The reservations are intended to be mimmum proviSIons that form the starting place for ensunng that the impacts of any development in the Master Plan area are adequately mItigated. H. Environmental Review (1) The mitigating measures identified in the Final Environment Impact Statement shall be satIsfied in the development of the Southwest Yelm Conceptual Master Plan. Those mitigating measures are adopted herein by this reference and made a part hereof. 1. Procedural Issues (1) This Conceptual Master Plan approval does not include or imply approval of specific development proposals such as subdivisions, plats, SIte plans, or planned residential developments. Such speCIfic development proposals shall be subject to the laws and regulations otherwise applicable, with the additIonal requirement that they also shall satisfy all conditions of this Conceptual Master Plan that apply. (2) The Southwest Yelm Master Plan shall be reviewed by the Planning Commission every five years after the effectIve date of the City Council's action on the final Master Plan. The purpose of the review is to determme whether substantial completIon of FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 11 development is proceeding according to the Phasing Plan and whether such development is satisfying all conditions of Master Plan approval. If development is not proceeding as planned or the conditIons are not being met, the Planning Commission may either extend the review period or terminate the Master Plan approval according to the terms of the Master Plan Review Ordinance. (3) Any major modificatIon to the Master Plan will require Planning Commission approval in accordance with the Master Plan Review Ordinance. (4) Each of the major planmng areas (Thurston Highlands Associates, RaImer Estates, and Other Parcels) may proceed independently WIth final Master Plan approval, provided that the overall reqUirements of this Conceptual Master Plan approval are satisfied. (5) This Conceptual Master Plan approval shall take effect upon the execution and recordmg of a Concormtant Agreement pursuant to conclusion 4.D. herein. RECOMMENDATION: The Planning Commission of the City of Yelm recommends approval of the Southwest Yelm Conceptual Master Plan by the City Council of the City of Yelm as modified and with the conditions of approval recommended herein. The Planning Comrmssion recommends adoption of the Conceptual Master Plan as an amendment to the 1985 Comprehensive Plan for the City of Yelm and the adoption of the Conceptual Zoning Plan as an amendment to the City's eXIstmg zomng map. According 0 the Master Plan ReVIew Ordinance, such amendments will not be effecuve until final Master Plan approval. PASSED AND APPROVED this t5-tJ.dayof A-ur-r, 1994. , Jemt IIDrnEE --rffr(1 brrr/1tILI1 Ir{ -hr7fy Chairman () City of Yelm Planning CommIssion FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Page 12 SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Thurston Highlands Associates Ownership Total Area: Wetlands: Golf Course: I Park: 2 Schools: Water Tanks: Main Loop Road: Reuse/recycle storage:3 Net Developable Acres: Required Open Space:4 1,240 62 370 10 23 2 30 30 713 557 Acres Acres Acres Acres Acres Acres Acres Acres Acres Acres Minimum Density: Minimum Dwelling Units: Maximum Density: Maximum Dwelling Units: 3.5 Units/Net Developable Acre 2,500 Dwelling Units 4.44 UnitslNet Developable Acre 3,166 Dwelling Units Population Estimate: Minimum - 6,250 Maximum - 7,923 Phases: PHASE DESCRIPTION ACRES Phase 1 4,000 sf golf restaurant; -- 150 seats Phase 2 Single Family 71 Phase 3 Single Family 34 Phase 4 Single Family 43 Phase 5 Single Family 31 Phase 6 Single Family 52 Phase 7 Single Family 35 Phase 8 Single Family 55 Exhibit C Phase 9 Commmercial (12,000 sf 5 buildings) Single Family 15 Phase 10 Single Family 17 Phase 11 Single Family 42 Phase 12 Single Family 60 Phase 13 Smgle Family 48 Phase 14 Smgle Family 54 Phase 15 MultI-Family 32 Phase 16 Single Family 68 Phase 17 Commercial (165,000 sf 15 buildings) TOTALS 713 On-Site Improvements: A. Roads 1. Main Loop Road a. Execute reciprocal easement and concomitant agreement, for eventual dedication, prior to Conceptual Master Plan approval. b. Construct paved roadway to grade according to City of Yelm road specifications to the clubhouse in phase 1 concurrent with development of phase 1. c. Construct paved roadway according to City of Yelm road specificatIons for each phase adjacent to the roadway concurrent with such phase. d. Construct unpaved roadway to sub-grade elevation with a maintenance coarse surface, according to City of Yelm road specifications for remainder of roadway not serving Development. 2. Y-l Corridor a. Dedicate 60 foot right-of-way WIth 55 foot setbacks. b. Construct sixty foot roadway according to City of Yelm specifications concurrent with adjacent development. The entire roadway shall be '," 'j' B. constructed concurrent with development on the proposed school site, unless already constructed. Sewer and Water 1. Develop c1ubhouselrestaurant in phase 1 on approved septic drainfield and STEP tank desIgned for future hookup to City of Yelm sewer system. All other development shall be dIrectly served by the City of Yelm sewer and water systems. 2. Install sewer collection and water mam lmes along entIre route of Mam Loop Road on-site when easement IS dedicated and sewer and water capacity are available. 3. Thurston Highlands Associates (THA) has assIgned water nghts applIcatIOn. THA, and its successors and assigns, shall bear all the costs of testing, drilling, monitoring, processing the application and any other cost of successfully obtaimng water nghts on the basIs of the existing applicatIOn. 1 See Conclusion 4.F.3 in text regarding choices on open space dedication. 2. Dedicated in 5 acre parcels concurrent with development of first 6 places See Conclusion 4.F.2 3 Dedicated to the City concurrent with development as shown in Final Master Plan approval 4 Calculated pursuant to Open Space Ordinance, as amended by current proposal. ExhibIt D SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Raimer Estates OwnershIp Total Area: Wetlands: Main Loop Road: School: Park: I Net Developable Acres: 262 50 8 8 11 185 Acres Acres Acres Acres Acres Acres Minimum DensIty: 3.5 Umts/Net Developable Acre Minimum Dwelling Units: 648 Dwelling Units Maximum Density: 4.44 Umts/Net Developable Acre Maximum Dwelling Units: 822 Dwelling Units Population Estimate: Minimum - 1,620 Maximum - 2,055 Phases: PHASE DESCRIPTION ACRES Phase 1 Single Family 25 Phase 2 Single Family 14 Phase 3 Single Family 20 Phase 4 Single Family 16 Phase 5 MultI-Family 15 Phase 6 Single Family 43 Phase 7 Single Family 13 Phase 8 Multi-Family 13 Phase 9 Single Family 26 TOTALS. 185 1 Calculated pursuant to Open Space Ordinance, as amended by current proposal On-Site Improvement: A. Roads - Main Loop Road 1. Execute reciprocal easement and concomitant agreement, for eventual dedication, prior to Conceptual Master Plan approval. 2. Dedicate 120 foot nght-of-way. 3. Construct paved roadway accordmg to City of Yelm road specifications for each phase adjacent to the roadway concurrent With such phase. 4. Construct unpaved roadway to grade according to City of Yelm road specifications for remainder of roadway not serving development. B. Sewer and Water Install sewer collection and water main lInes along entire route of Main Loop Road on-site when easement is dedicated and sewer and water capacity are available. Exhibit E SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Other Parcels Total Area: Wetlands: Golf Course: Park: I Net Developable Acres: 358 29 86 16 228 Acres Acres Acres Acres Acres Minimum DensIty: Minimum Dwelling Units: MaxImum Density: MaxImum Dwelling Units: 3.5 Umts/Net Developable Acre 789 Dwelling U mts 4.44 Umts/Net Developable Acre 1,012 Dwelling Umts Population Estimate: Development program Mimmum - 1,973 Maximum 2,530 10 - 20 years OWNER DESCRIPTION ACRES Steadman Single Family 15 Property Doyle Single Family 38 Property MultI-Family 22 Bosequett Single Family 19 Property Multi-Family 14 All Other Single Family 94 Parcels MultI-Family 26 TOTALS. 228 1 Calculated pursuant to Open Space Ordinance, as amended by current proposal. On-Site Improvements: A. Roads - Main Loop Road Construct paved roadway accordmg to City of Yelm road specifications for each phase adjacent to the roadway concurrent wIth such phase. B. Sewer and Water Install sewer collection and water mam hnes along entire route of Mam Loop Road on-sIte when easement IS dedIcated and sewer and water capacity are available~ ,.....' \ ... \. STAFF RECOMMENDATION TO CITY COUNCIL CITY OF YELM SOUTHWEST YELM CONCEPTUAL MASTER PLA.N October 12, 1994 MEMORANDUM TO Mayor and City Council Members, City of Yelm FROM Staff, City of Yelm RE. Conceptual Master Plan, Southwest Yelm DATE. October 12, 1994 Based on the record before the Planning Commission, the findings and concluslonr of the Planning Commission, the testimony and record before the City Council, and the environmental review, the staff recommends adootion of the Conceptual Master Plan for Southwest Yelm as provided in the Planning Commission'-s Rndings and Conclusions, with the following modifications 1 The following paragraph shall be inserted as paragraph 4 C 4, page 7 of the Conclusions If, after the complete build-out in any particular area within the Master Plan area, the City determines that the net density in that particular area is below the maximum net density allowed for that area, any remaining unused density may be transferred in the form of dwelling units to another property owner within the Master Plan area, subject to approval by the City Nothing in this paragraph shall be deemed to allow development in excess of the overall maximum of 5,000 dwelling units in the Master Plan area. 2. Paragraph 4.0 1 of the Conclusions, page 7, shall be modified to read as follows This conceptual Master Plan approval requires the establishment of two Essential Utility and Transportation Corridors. The Y-1 Corridor will serve the park site and school site on the northern boundary and the commercia! property throughout the remainder of the Corridor. The second essential . "L .~ corridor is the main loop road that connects to State Highway 507, loops through the Thurston Highlands Associates parcel, intersects the Y-1 Corridor, follows Berry Valley Road and connects to State Highway 510 at Killion Road The main loop road corridor will be constructed as a "Boulevard" under the Minimum Street Design Standards proposed for adoption in the City's proposed Development Standards 3 Paragraph 4 D.3 of the Conclusions, page 7, shall be modified to read as follows The City is considering the options available for financing the construction of the Essential Utility and Transportation Corridors The projects will each be constructed as complete water, sewer and street projects Those options include a latecomer agreement, a Local Improvement Distnct or a combination of both. In order to ~eep all options availabie, approval or the conceptual Master Plan is conditioned upon two requirements. First, the City and the two major property owners in the Master Plan Area, Thurston - Highlands Associates and the owner of Rainier Estates property, as well as the Rainier Estates developer, must enter into an agreement to waive any and all protests to any future latecomer ordinance/agreement and Local Improvement District. Second, Thurston Highlands Associates must initiate and circulate an LI D petition for financing the construction of the main loop road corridor within 30 days of Conceptual Master Plan approval by the City Council. If for any reason the Ll 0 fails or is determined by the city to be impractical, the Corridors shall be constructed on the basis of a latecomer agreement/ordinance. If the Corridors are constructed pursuant to a latecomer agreement, the City Intends that the main loop road corridor will be constructed and financed in phases concurrent with development. Any such phasing will, however, provide that any portion of the main loop road that is not fully constructed to City development standards will, until such time as it is so constructed, be constructed to sub-grade elevation with a maintenance coarse surface for the entire remaining length of the right-of-way 4 Paragraph 4 0 4 of the conclusions, page 8, shall be modified to read as follows The dedication of the Y-1 Corridor will be a sixty (60) foot right-of-way to the City. In order to allow the potential future improvement to a State Highway, the City will impose a fifty-five (55) foot setback from each Side of the dedicated right-of-way This will ensure that structures are not constructed in the area that could potentially serve as the State Highway. In the event that the City determines that there is no reasonable likelihood that the Y-1 Corridor will be constructed as a State Highway, the setback will be reduced to the standard setbacks required by the City's zoning ordinance for the particular zoning designation. 5 Paragraph 4.0.7 of the Conclusions, page 8, shan be modified to read as follows 2 .. < . ,'.r Thurston Highlands Associates and Rainier Estates (or the owner of the Rainier Estates property) shall enter into an agreement amending the Southwest Yelm Annexation Agreement to provide for a Budget Distribution and Payment Schedule for the financial contributions to the Wastewater Reuse Program required by such Agreement. Such agreement shall also establish that such financial contributions shall be paid from a letter ot credit from each party, and establish a Wastewater Reuse Budget Committee, with the sole task of advising the City and the Department ot Ecology as to the distribution of funds for the Wastewater Reuse Study Such agreement shall be signed and executed by October 17, 1994 and such letters of credit, or a cashier's check for the full amount of each party's obligation under such agreement, shall be delivered to the City by the close of business on October 19, 1994 6 _ Paragraph 4 0 8 of the Conclusions, page 8, shall be deleted and replaced with the language Thurston Highlands Associates shall, as a condition of approval, enter into an agreement with the City to grant easements, a lease or a license to the City, or a combination thereof, to make use of its property for land application and storage of wastewater, in a manner recommended by the Wastewater Reuse Study 7 Paragraph 4 E.1 of the Conclusions, page 9, shall be modified to read as follows Commercial development in the 30-acre commercial tract along the Y-1 Corridor of the Southwest Yelm Conceptual Master Plan area shall be limited to a total of 330,000 square feet of commercial floor space to be phased with development as follows a Fifteen thousand (15,000) square feet of commercial floor space will be allowed initially upon final Master Plan approval b The remaining 315,000 square feet of commercial floor space will be allowed after the construction of 1,250 dwelling units (25% of the total dwelling units allowed) in the entire Master Plan area, OR, 5 years from the date of final Master Plan approval, whichever is earli er 8 Paragraph 4 E.3 of the Conclusions, page 9, shall be modified to read as follows Commerclal development within the five (5) acre commercial designation near the clubhouse in the Thurston Highlands Associates ownership shall be developed according to the City's commercial zoning code. Commercial development in this area will be modeled on a neighborhood village concept. 3 ~ . . 9. Exhibit C attached to the Findings, Conclusions and Recommendation of the Planning Commission shall be modified by inserting in Phase 17 the following in place of "Commercial (165,000 sf buildings)lC: "Commercial (330,000 sf, .see Paragraph 4 E.1 as modified by the City CouncilY The acreage for Phase 17 shall be increased from 15 acres to 30 acres. 10. Paragraph 4.0.2 of the Conclusions, page 8, shall be amended by adding the following at the end. Such reciprocal easement shall be signed and executed by all parties by October 29, 1994 C:\Yc'P~l ~1 \JHB\ST -REC.MP 4 \' '\ \ / A P PEN D I X 1 FINDINGS, CONCLUSIONS AND RECOl\1l\1ENDATION SOUTHWEST YEL.\1 CONCEPTUAL MASTER PLAi\( PLA.i~G COl\11\1ISSION CITY OF YELM CASE NillvfBER: MP-l PROJECT: SOUTHWEST YELM CONCEPTUAL MASTER PLA.L~ APPLICANT. THURSTON EIGBLANDS ASSOCIATES SUMMARY OF RECO:MME1'IDATION: Tne Planmng Comnn.sSlOn of the City of Yelm recommends approval by the City Council of the City of Yelm of the' Southwest Yelm Con~ptual Master Plan and Con~ptual Zonmg Plan., subject to modificauons and conditions. PUBLIC HE.ARING: After reviewmg the applicauon., sue plan and envrronmental checklist subnntted by the appliCllilt., the Planmng CommiSSIOn held a public heanng on July 18, 1994. TillS public heanng was extended to the next regularly scheduled Phmmng Comrmsslon me~tlng on August 1, 1994. T.ne Planmng Comrmssion held a public work sesSlon on August 4, 1994 at a speCIal me~tmg of the Planning Commission. El.'N1RONMEl'ITAL REVIEW. In February of 1993, the City of Yelm published an Environmental Impact Statement for the annexation and development of the Southwest Yelm area. That EIS considered the lmpacts asSOCIated with annexation as well as vanous conceptual developments sc~narios. With this extensive environmental review in place, the City deternuned that an addendum to the Final Environmental Impact Statement would satISfy the need to review additional information and analysIS for this conceptual master plan reVlew. On July 11, 1994, the City of Yelm issued an Addendum to the Final Environmental Impact Statement for the Southwest Yelm AnnexatI.on. Based upon the evidence submItted., the testimony gIven., and the analYSIS of staff., the Planning Commission makes the following: FlNDINGS~ 1. Thurston Highlands Associates is the lead applicant requesting approval of the Southwest Yelm Conceptual Master Plan. The Master Plan area encompas~es 1,860 acres and is located northwest of State Highway 507, southwest of the . ,......,. .. "t.'_ - _...... _~ ....1_ 1- _...__-2___ _.I: ",L_ ,...____ ------------ .. ~ .. Lewis reservation. The Master Plan area consists of 37 ownership/parcels planned together as a single planning unit. 2. The Master Plan submittal includes text, maps and an environmental cheddist. The Master Plan map shows proposed land use designanons, major transportatIon ClIculationroutes, majorphysica1 characteristics on the property, proposed phases, and property ownership boundanes. The applicatlon follows the City of Yelm's Master Plan Ordinance requrrements. 3. The Master Plan area was annexed to the City of Yelrn on November 23, 1993 Pnor to annexatIon, the area was zoned under the County's Rural Resource ReSldentIa11/5 zomng designatIon. The Master Plan area is currently zoned as RA-5A under Section 17.40020(c) of the Yelm Mumcipal Code, w1u.ch also allows one umt per 5 acres. 4. Conceptual Master Plan approval is the first step in the Master Plan process. The purpose of conceptual reVlew and approval 1$ "to establish general land use policies to gurde detailed planmng for and development of the Master Plan area.. The Conceptual Master Plan shallldentify the generalized land uses, transportatI.on and ClIcula1J.on routes, and servIces proposed for the sne. ~ Secnon 5(A), Yelm Master Plan RevIew Ordinance. ReVIew of the Conceptual Master Plan IS performed first by the Planmng Commission and then by the City Councll. ReVlew is as follows: The Planmng Comnnssion shall review the application for completeness and, If it determmes that the proposed Master Plan is consIstent WIth the Comprehensive Plan and the City's other plans and policies, recommend approval by the City Coun~J. If the Planning ConumsSlon determines that the proposed Master Plan 15 not so cOI1S1Sten~ it may either demand for modifications SIJecifically idennfied or recommend denial by the City Council. Conceptual approval by the City Council~ upon a recommendatIon by the Planmng Commission, shall consist of an amendment to the Comprehensive Plan and an amendment to the OffiClal zoning map. Section 5(B). 5. The effect of Conceptual Master Plan approval is as follows: Upon conceptual approval by the City Council, the proposed Master Plan bound~T"'les, proposed use distncts, transportation FINDINGS, CONCLUSIONS AND RECOM}.tfENDATION PLANNING COM:MISSION - CITY OF YELM - Page 2 -------- ----- routes and case me number shall be identified upon the official zoning map. These districts and routes shall only be effective upon approval of a Master Plan meeting the requirements of Conceptual Approval and this Ordinance. Section 5 (D). 6. The Planning Commission held public hearings to consider the Conceptual Master Plan on July 18, 1994 and August 1, 1994. Wntten comments were receIved through August 15, 1994. 7 The original Conceptual Master Plan submittal shows a planmng area in excess of 200 acres in a smgle ownership. The Plan also proposes a IIllXtUre of uses _mcluding smgle family residenual, multi-family residential, general commerCIal, neighborhood commerCIal, and public facilities including schools, parks and water system facillnes. The applicant proposes to serve the entIre Master Plan area WIth public semces including transponatlOn, water, sewage, stann dr:nnage, other utilines and open space. Tne subnnrta1 mcludes two proposed eIghteen hole golf courses and an eXlStmg public golf course, all mtended to be mamtained as qualified open space. The subnnttal also includes tvvo school SItes, totalling 23 acres, and a five (5) acre park site. The subIIDrta1 includes an area proposed for community semce and commerCIal, for the purpose of SIting fire, police, or other governmental services, rf needed. The SUbIDlttal does not mclude any proposed industrial uses. 8 Tne Southwest Yelrn Conceptual Master Plan submittal proposes the accommodauon of 5,000 dwelling umts, the number also used for consldenng rmpaCi""s in the EIS. Tne Master Plan currently COnsISts of 108 acres of mulu- family and 948 of single family. 9. The City intends to analyze densities on the basis of dwelling units per net developable acre. "Net developable acres II are the number of acres remaining after subtracting from gross area all land that is unbuildable because it is environmentally sensiuve, park site, open space, transportation or utility corridor, or for any other reason is mcapable of supporting development. 10. The applicant has proposed two areas for commer~...al uses. The first is an area ne:u- the intersection of the proposed Y -1 Conidor and the internal main loop road within the Plan area. The applicant currently proposes the designation of 51 acres as General Commercial in this area. The Pl~nnlng Commi~sion received testimony expressing concern over the scale of commercial development in the Southwest Yelm area as a potential threat to existing commercial businesses within the current City of Yelm. A phasing plan for the buildout of commercial development FINDINGS, CONCLUSIONS AND RECO~ATION lJT A NNlNn. rnMMTSSTON - CITY OF YELM - Pasre 3 .---'-..- in the Master Plan area was suggested in conjunction with this testimony. The Planning Commission heard testimony from the applicant that a severe limit on the scale of commercial structures would preclude any reasonable market for the commercul property. The applicant proposed a limit of 400,000 square feet of commerCIal space in the Y-l Corridor area and a cap of 40,000 square feet for one commerClal structure. The applicant would be agreeable to a phasmg plan for the buildout of commerClal space In the Y -1 Corndor area. The Master Plan subrrurtal also proposed the deslgnat:I.On of five (5) acres near the clubhouse as CommercIal ServIce. The Staff Report has recommended that commercial development In the commercial distnct near the clubhouse be linnted. The applicant has acqwesced to an overalllinnt of 12,000 square feet of commercIal space Wlth a limit of 3,000 square feet per commerClal structure In the clubhouse area. The Master Plan map has shown the deslgnat:I.On of a 16 acre parcel on the property owned by Bosequette as General CommerCIal. Staff has recommended the replacement of th1s designanon Wlth rouln-family on the grounds that the additional commerCIal area is not necessary to serve the Southwest Yelm area and would unreasonably - compete with and draw market share from the eXlstmg busmess core of the Ciry of Yelm. 11. The City is In the process of amending Its Open Space and Park Ordinance to provide for the dedication of open space ill the amount of five percent (5 %) of net built area in smgle family deSIgnations and ten percent (10 %) of net built area in muln-family deSIgnatIons. Applymg the proposed amendment to the Open Space Ordinance, the followmg approximate dedicat:I.ons of open space will be reqUITed: Tnurston Highlands Assocrates - 56 Acres Rainier Estates - 11 Ac.res Other Parcels - 16 Acres Some concerns among Planning Comnnsslon members wel"e raIsed that the private golf course on the Thurston High 1 :mds Assocates parcel should not be included in the open space calculanons because the golf course will be a pnvate golf course. 12. The Master Plan submittal proposes that the Plan area be served entirely by public and private utilities, including sewer, water, electricity, telephone, and cable TV 13. The applicant has shown the possible location for a future State Highway known as the Y -1 Corridor. The applicant has shown the route for an internal main loop road through the Plan area. The applicant has shown the dedication of right-of- way access onto the Fort Lewis niilitary reservation in the locations shown on the Master Plan map. FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COM:MISSION - CITY OF YELM - Page 4 -- ~ f 14. In conjunction with the Annexation of the Southwest Yelm area, the applicant signed an agreement obligatIng it to pay the costs of the City' s Wastewater Reuse Program to the extent attributable to the annexed area. The City has obtaIned a Centenmal Clean Water Act grant that requITes a local matching share. Staff has detenmned that the applicant's share is forty percent (40 %). Staff has notI.fied the applicant that fifty percent (50%) of its share 1$ due by August 15, 1994. Staff recommends that, as a condition of Conceptual Master Plan approval, tins payment first be made. The Wastewater Reuse Program will require areas of open land for rrrigation. The proposed golf course in the Thurston Highlands AssoCIates ownershlp IS well-suited for such application. Staff recommends that the installation of water and sewer lines necessary to serve the Plan area, as well as all the pertment facilines, be constructed ill phases concurrent WIth development. As such, staff also recommends that, pnor to final jyfaster Plan approval, the City _ adopt an ordinance requiring installation of sewer and water lines ill phases as well as a latecomer agreement providing for the reImbursement of the costS of such installation, also in phases. 15 Tne Plannmg ComnusslOn received testunony from the Yelm Commumty Schools that the proposed populanons In the Plan area would reqUITe the construcnon of approximately seven new schools. The applicant has proposed tvlo new school SlteS. CONCLUSIONS; 1. The Southwest Yelm Conceptual Master Plan IS consistent WIth the Master Plan ReVIew Ordinance, Ordinance No. 495 of the City of Yelm, except to the extent necessary to modify the Plan as prOVIded herem. 2. The enVlI'onmental review and documentation prepared by the City of Yelm for the Southwest Yelm Conceptual Master Plan adequately describes the projec~ the impac+..s and potential mitigation. The Addendum to the Fmal Envrronmental Impact Statement for the Southwest Yelm AnnexatIon, issued on July 11, 1994, satisfies the State Environmental Policy Act and rules promulgated pursuant thereto. Pamcular project specific impacts and mingation will be identified at the time of development review and approval. 3. The Staff Report accurately describes the project, background infonnatI.on, applicable regulatory requirements, and analysis of staff concerns with the revisions noted herein. The S taft" Report is attached as Exhibit A, and incorporated herein by reference. 4. The Planning Commission recommends approval of the Southwest Yelm Conceptual Master Plan by the City Council of the City of Yelm subject' to the FINDINGS, CONCLUSIONS AND RECOM1fENDATION 'PT .A NNTNG ("()MMTSsrON - rrrY OF YELM - Pa~e 5 following conditions. These conditions are imposed to mitigate impacts identified by staff during Master Plan Review and Environmental Review. The recommended condib.ons are as follows: A. Zoning. (1) Zomng in the Southwest Yelm Master Plan area shall be as designated m the attached Exhibit B, Southwest Yelm Conceptual Zomng Plan. (2) The Conceptual Zomng Plan reflects the folloWlng changes from the last version of the applicant's Master Plan map: a. ConverslOn of approxunately 13 acres north of Berry Valley Road from smgle family to mulu.-family. b. ConverslOn of 16 acres owned by Bosequette from commercal to multl-familv .. No other recommended changes to the last versIon of the applicant's Master Plan map were detenmned to be or ment based on planmng cnrena. B. Phasmg (1) The Southwest Yelm Master Plan area will be developed ill phases as generally outlined ill the attached ExhibIts C, D and E. C. DensrtiesIDwellin2' Units (1) Tne total number of dwelling umts allowed. in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling units. This overall maximum is further allocated to each ownership witlnn the Master Plan area according to the attached Exhibits C, D and E. (2) The minimum number of dwelling units in the Master Plan area shall be computed on the basis of 3.5 dwelling units per net developable acre. Net developable acres IS the land measurement remaining after subtracting open space, envrronmentally sensItive areas, parks, transportation and utility conidors, and any other unbuildable area. The minimum density shall be applied and enforced according to the minimum dwelling units allowed by the attached Exhibits C, D and E. FINDINGS, CONCLUSIONS AND RECO:MMENDATION PLANNING COM:MISSION - CITY OF YELM - Page 6 --- ~ (3) Accordingly, therefore, development in the Southwest Yelm Master Plan shall be between 3,946 dwelling units and 5,000 dwelling units. D. Transportatlon and Utilitles (1) (2) TIns conceptual Master Plan approval requires the establishment of two Essential Utility and Transportation Comdors. Tne Y-l Corridor will serve the park site and school SIte on the northern boundary and the commercial property throughout the remamder of the Corridor. The second essentlal comdor is the maIn loop road that connects to State Highway 507, loops through the Thurston Highlands ASSOCIates parcel, intersects the Y-l Comdor, follows Berry Valley Road and connects to State Highway 510 at Killion Road. T.ne Planning CommissIon recommends the folloWIng mechamsm for - - dedicating the Essent:I.al Utility and TransDortation Comdors. All - "... property owners whose property will be burdened by th.e Corridors will execute a recIprocal easement for the Corridors that will gwe each property owner the nght to use the Comdor on every other property. The easement will be executed pnor to City Council approval or the Conceptual Master Plan. The easement will gIve each property owner the nght to dedicate the entrre stretch of the Corridor to the City in conjunctI.on with Final Master Plan approvaL Dedication will be required as a conditI.on of final Master Plan approval. In addition to the easemen~ the Planning CommisslOn requires a Conconnrant Agreement, wherem Conceptual Master Plan approval by the City Council will be conditioned on executI.on or the reciprocal easement. For purposes of the reciprocal easemen4 the Corridors will be descnoed generally as shown on the Conceptual Zoning Plan. For purposes of final Master Plan approval., the Corridors will be fixed by the mechanIsm described in the reciprocal easement. (3) The main loop road running from the southwest to the northeast m the Master Plan area shall be constructed according to an ordinance, adopted prior to :final Master Plan approval, requiring that the road be developed in phases associated with development. In those areas where the road is not yet constructed in full to serve deyelopmen~ the road will be constructed to sub-grade elevation WIth a maintenance coarse surface for the en1Jre rem~;n;ng length of the right-of-way. The City shall also negotiate and adopt a latecomer agreement for the construction of this road in a m~nner that provides FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING COMMISSION - CITY OF YELM - Pa2'e 7 reimbursement according to the phases of construction. The applicant shalL as a condition of this approval, agree to waive any and all protests to any such ordinance and latecomer agreement. (4) The dedicauon of the Y-l Corridor will be a sixty (60) foot right-of- way to the City. In order to allow the potentIal future improvement to a State Highway, the City will impose a fifty-five (55) foot setback from each side of the dedicated nght-of-way. TIns will ensure that structures are not constructed in the area that could potentI.ally serve as the State Highway (5) Pnor to final Master Plan approval, the applicant shall proVIde the dedicatton of the access pOInts shown on the attached ExhibIt B, Conceptual Zoning Plan. (6) All development withm the Master Plan area will be served by the City of Yelm's sewer and water systems. All costs of such servIce extension and construcnon shall be borne by the applicant. All such utility sern.ce mstallations shall be deSIgned and constructed ill accordance WIth the requirements of the City of Yelm, the Depamnent of Ecology, the Department of Health, the applicable Fire Dismct and any other agency W1th junsdiction over such utiliues. (T) The applicant shall pay fifty percent (50%) of its share of the local matching funds for the Centenmal Clean Water Act grant pnor to City CouncH approval of the Conceptual Master Plan. Thurston Highlands Associates shall agree to enter into agreements Wlth the City to provide land acres for wastewater reuse applicatlons, under the terms of the Wastewater Reuse Program. (8) Prior to final Master Plan approval, the City shall adopt an ordinance requiring the installatlon of water and sewer lines necessary to serve the Southwest Yelm Master Plan area at the tlnle of the first initJ.al development Wlthm the area. The City will also negotiate and adopt a latecomer agreement for the re1IIlbursement of the costs of installing such utility lines. The applicant shall, as a condition of this approval, agree to waive any and all protests to any such ordinance and latecomer agreement regarding the extension of sewer and water. (9) The City will allow development of the Clubhouse and Restaurant in the Thurston Highlands Associates ownership on an approved septic FINDIN"GS, CONCLUSIONS AND RECO:M:MENDATION PLANNING COMMISSION - CITY OF YELM - Page 8 -- --------------- I' ,r" system that is compatible with future hook-up to the sewer system~ to the extent allowable by the Thurston County Health Code. E. Commercial Development (1) Commercial development along the Y -1 Comdor of the Southwest Yelm Conceptual Master Plan area shall be linnted to a total of 165,000 square feet of floor space with no more than 40,000 square feet of commercial floor space attributable to anyone commercIal structure. The total of 165,000 square feet along the Y -1 Comdor shall be phased with development according to the followIng phasmg plan: a. Fifteen thousand (15,000) square feet of commercIal floor space will be allowed until the construction of 1,250 dwelling umts in the entIre Master Plan area lS complete. ~ b. An addinonal fifty thousand (50,000) square feet of commercial floor space will be allowed after the construction of 1,250 dwelling umts ill the entrre Master Plan area, but berore the constructJ.on of the Y -1 S tate Highway. c. An addinonal one hundred thousand (100,000) square feet of commerClal floor space will be allowed after the construC::I.on of the Y-l State Highway. (2) Access to such commercial development from the main loop road shall be limited to no less than 300 feet from the intersect:I.on of such road with the Y-l State Highway. No access to such commerClal development will be allowed from the Y-1 State Highway. (3) Commercial development witlnn the five (5) acre commerClal deSIgnation near the clubhouse in the Thurston Highlands ASSOcIates ownerslnp shall be limited to a total of 12~ 000 square feet of commercial floor space with no more than 3,000 square feet of commercial floor space attributable to anyone single commerc.al structure. Commerc1al development in this area will be modeled on a neighborhood village concept. F. ~en Space and Parks (1) Development within the Master Plan area shall comply with the City of Yelm Open Space Ordi.nance, as amended. Currently proposed FINDINGS, CONCLUSIONS AND REC01Y.rMENDATION PLANNlNG COM:MISSION - CITY OF YELM - Page 9 amendments to the Open Space Ordinance require the dedicatlOn of five percent (5 %) of net built area in single family deslgnatlons and ten percent (10%) of net built area in multi-family designat::z.ons. (2) Thurston ::Highlands ASSOcIates shall dedicate the currently shown 10 acres of park In two 5 acre parcels concurrent WIth development according to the City's level of service standards. See ExhibIt C. (3) In order to qualify the pnvate golf course in the Thurston Highlands Associates ownersh1p as open space, the applicant must establish that mamtarning It as a private open space satIsfies all of the cntena of the Open Space Ordinance, other than dedicatIon, and that It serres the purposes of the ordinance. A pnvate open space must be accessible to eIther the general public or the resIdents of the par1J..cular development. The Planning CommissIOn recommends that Thurston Highlands ASSOCIates select among the following requIred alternatI.ves: a. open the golf course membership to the general public or reSIdents of Tnurston Highlands ASSOCIates; b. create a system of trails throughout the golf course and dedicate such trail to the City for public use; or c. dedicate an additional fifteen acres of park to the City under the terms of the Open Space Ordinance, as amended. (4) Although actual dedieanon will occur at the tJ.me of development, the Con~ptual Zoning Plan and Conceptual Master Plan Map shall show the reservation of an additional eleven (11) acre park on the Ralmer Estates property. Parks dedicated in the remaimng parcels shall be in the amounts calculated pursuant to the Open Space Ordinance, as amended. (5) The applicant shall obtain from Thurston County all necessary permits for crossing the trail recently acquired by Thurston County from Burlington Northern. G. Schools (1) The Conceptual Master Plan map and Conceptual Zoning Plan should show the reservation of a total of three school sites for future dedication or purchase. The applicant has shown one fifteen (15) FINDIN'GS, CONCLUSIONS AND RECO:MlY!ENDATION PUNNING COM1vlISSION - CITY OF YELM - Page 10 acre school site and one eight (8) acre school site, both on Thurston Highlands Assocrates property. The maps should show a third school site of at least eight (8) acres on Raimer Estates property. (2) The siting of all school SItes witlnn the Master Plan area shall fully comply with the standards imposed by the Superintendent of Public Instructlon for the SItIng of school sItes. (3) In the event that any of the school sites reserved pursuant to tins Conceptual Master Plan are determmed by the School Dlstnct or the City or Yelm to be unacceptable ror the development or a school site, the School District may elect to WaIve the reservauon and accept a voluntary agreement in lieu of such school SIte under the terms of RCW 82.02.020. (4) Tne school SItes reserved pursuant to this Conceprual lvfaster Pian are not intended to serve as full compliance WIth any requrremenr that the City or the developer make adequate provisions ror schools (i.e., impact fees, voluntary agreements, dedicanons, etc.). The reservations are intended to be rmrumum provisIOns that fonn the startmg place for ensunng that the rmpacts or any development in the Master Plan area are adequately rmngated. H. Environmental ReVIew (1) Tne mitigating measures identriied m the Final Environment Impact Statement shall be satisfied in the development of the Southwest Yelm Conceptual Master Plan. Those mingatmg measures are adopted herein by tlns reference and made a part hereof. 1. Procedural Issues (1) This Conceptual Master Plan approval does not include or ill1ply approval of specmc development proposals such as subdivisions, plats, site plans, or planned reSIdential developments. Such specriic development proposals shall be subject to the laws and regulations otherwise applicable, with the additional requirement that they also shall satisfy all conditions of this Conceptual Master Plan that apply. (2) The Southwest Yelm Master Plan shall be reviewed by the Planning Commission every five years after the effective date of the City Council's action on the final Master Plan. The purpose of the review is to determine whether substantial completion of FINDINGS, CONCLUSIONS AND RECO:M1fENDATION PLANNING cOMMTssrnN - CITY OF YFT M - 1J~~p. 11 development is proceeding according to the Phasing Plan and whether such development is satisfying all conditions of Master Plan approval. If development is not proceeding as planned or the conditions are not being met, the Planmng Comnusslon may eIther extend the reVIew penod or ternrinate the Master Plan approval according to the tenns of the Master Plan Review Ordinance. (3) Any major modification to the Master Plan will require Planmng Comrmssion approval in accordance with the Master Plan ReVIew Ordinance. (4) Each of the major planmng areas (Thurston Highlands ASSOcIates, Rainier Estates, and Other Parcels) may proceed mdependently WIth final Master Plan approval, prOVIded that the overall requrrements of tins Conceptual Master Plan approval are satisfied. (5) This Conceptual Master Plan approval shall take effect upon the executI.on and recording of a Concomitant Agreement pursuant to conclusion 4.D. hereIn. RECOMMENDA nON: The Phmmng CommissIon of the City of Yelm recommends approval of the Southwest Yelm Concentual Master Plan by the City Council of the CitY of Yelm . ~ ~ ~ as modified and with the conditlons of approval recommended herein. The Planmng Comnnssion recommends adoptlon of the Conceptual Master Plan as an amendment to the 1985 Comprehensive Plan for the City of Y elm and the adoption of the Conceptual Zoning Plan as an amendment to the City's existIng zoning map. According 0 the Master Plan Review Ordinance, such amendments will not be errecnve until final Master Plan approval. PASSED AND APPROVED this lSthdayof August , 1994. ffi>0 ~~= Torn Gorman Chainnan (Acting) City of Yelm Planning Comnnssion FINDINGS, CONCLUSIONS AND RECOMMENDATION PUNNING COhtfMISSION - CITY OF YELM - Page 12 Exhibit C SOUTHWEST YELM CONCEPTUAL .i.\1ASTER PLAN Summary of Tnurston Highlands Associates Ownersmp Total Area: Wetlands: Golf Course:l Par.k:~ Schools : Water Tanks: Mam LDop Road: Reuse/recycle storage:.3 Net Developable Acres: Required Open Space:" 1,240 62 370 10 23 2 30 30 713 557 Acres Acres Acres Acres Acres Acres Acres Acres Acres Acres M-in-imum DensIty: M-imrnum Dwelling Umts: Maximum DensIty. Maxunum Dwelling U mts: 3.5 U mtslNet Developable Acre 2,500 Dwelling Umts 4.44 UmtsINet Developable Acre 3,166 Dwelling Units Population EstImate: Minimum - 6,250 MaXlIIlUm - 7,923 Phases: PHASE I DESCRIPTION ACRES I , Phase 1 4,000 sf golf restaurant; - 150 seats Phase 2 Single Family 71 I Phase 3 Single Family 34 Phase 4 Single Family 43 Phase 5 I Single Family 31 I Phase 6 Single Family 52 I Phase 7 Single Family 35 Phase 8 Single Family 55 I ----- .f .- Phase 9 CommmerClal (12,000 sf 5 buildings) Single Family 15 Phase 10 Single Family 17 Phase 11 Single Family 42 I Phase 12 Single Family 60 I Phase 13 Single Family I 48 I Phase 14 I Single Family I 54 I Phase 15 I Multi-Family I 32 I Phase 16 Single Family I 68 , -Phase 17 CommercIal (165,000 sf 15 buildings) I I TOT J....LS I i13 I On-Site Improvements: A. Roads 1 Main Loop Road a. Execute reclproc31 easement and concormtant agreemen4 for eventual dedicatI.on~ pnor to Conceptual Master Plan approval. b. Construct paved roadway to grade according to City of Yelm road specrlications to the clubhouse in phase 1 concurrent With development of phase 1. c. Construct paved roadway according to City of Yelm road specifications for each phase adjacent to the roadway concurrent with such phase. d. Construct unpaved roadway to sub-grade elevation WIth a maintenance coarse surface, according to City of Yelm road specifications for remainder of roadway not serving Development. 2. Y -1 Corridor a. Dedicate 60 foot right-{Jf-way with 55 foot setbacks. b. Construct sixty foot roadway according to City of Yelm specifications concurrent with adjacent development. The entire roadway shall be --- SOUI'HWEST YEIM CONCEPTUAL NfASTER PLAN Summary of Rainier Estates Ownership Total Area.: 262 Acres Wetlands : 50 Acres Main LJop Road: 8 Acres School: 8 Acres Park: 1 11 Acres Net Developable Acres: 185 Acres Mlnimum DensIty: 3.5 UnitslNet Developable Acre Mlnimum Dwelling Units: 648 Dwelling Umts Maxunum DensIty. 4.44 Umts/Net Developable Acre lvfaxunum Dwelling Units: 822 Dwelling U mts Populanon Esnmate: lvfimmum - 1,620 Ma.x:unum - 2,055 Phases: PEASE I DESCRIPTION I ACRES I Phase 1 I Single Family I 25 I I Phase 2 I Single Family I 14 I Phase 3 I Single Family I 20 I Phase 4 I Single Family I 16 I Phase 5 Multl-Family I 15 I I I I Phase 6 Single Family 43 I Phase 7 I Single Family I 13 I Phase 8 MultJ.-F amily I 13 I Phase 9 Single Family I 26 I TOTALS: I 185 I 1 Calculated ~ursuant to Open Space Ordinanca, as amended by current proposa(. Exhibit D B. constructed concurrent with development on the proposed school sIte, unless already constructed. Sewer and Water 1. Develop clubhouse/restaurant ill phase 1 on approved septI.c dramfield and STEP tank: desIgned for furore hookup to City of Yelm sewer system. All other development shall be directly served by the City of Y dm sewer and water systems. 2. Install sewer collectLon and water maIn lines along entrre route of Mall Loop Road on-sIte when easement is dedicated and sewer and water capac:ty are available. 3. Thurston Highlands ASSoClates (TEA) has assIgned water nghts applicanon. TEA, and Its successors and asSIgns, shall bear all the costs of testmg, drilling, momtor..illg, processmg the applicatJ.on and any other cost of successfully obtammg water nghts on the basIS of the eXIStIng applicatlon. 1 See Conc!usion 4.F..3. in 'text regarding c.'1oicss on open space dedication 2. Dedic:n:ed in 5 acre parcels conc~rrent with deveiopmem of first 6 places See Conc!usion 4 :=.2. 3. Dedicated to the C;ty conc~rrem with development as shown in Finat,Master Plan approval. 4 Cal~iated pursuant to Open Spac~ Ordinanc~, as amended by current Drapes:;i. SOUTh VVEST YEL.Vf CONCEPTUAL Tv1ASTER PLAN Summary of Other Parcels Total Area: Wetlands : Golf Course: Park: 1 Net Developable Acres: 358 29 86 16 228 Acres Acres Acres Acres Ac::-es M1T1~rnum. DensIty: M1T11rnum Dwelling Umis: Maxunum DensIty. 01 Maximum Dwelling U mts: 3.5 Umts/Net Developable Acre 789 Dwelling Umts 4. ~~ U mtsJN e:: Developable Acre 1, 0 12 Dwelling U mts --- Population Esnmate: Development program Mimmum - 1,973 Ma..-umum 2.,530 10 - 20 ye:rrs O~"'ER I I I DESCRIPTION ACRES I Steadman Single Family 15 Propeny Doyle I Single Fmllly I 38 I i Propeny I MultI-Family I 22 I Bosequett I Single Family I 19 I Property MultJ.-Family I 14 I All Other I Single Family I 94 I Parcels MultI-Family I 26 I I TOTALS. 228 \ 1 Caicuiated pursuant to OlJen SpaC2 Ordinance, as amended by current proposal. ;, ExhibIt E On-Site Improvement: A. Roads - Mam Loop Road 1. Execute reciprocal easement and conconntant agreement~ for eventual dedication~ pnor to Conceptual Master Plan approval. 2. Dedicate 120 foot nght-of-way. 3. Construct paved roadway according to City of Yelm road specmcauons for each phase adjacent to the roadway concurrent W1th such phase. 4. Construct unpaved roadway to grade according to City of Yelm road speCJ.ficatJ.ons for remamder- of roadway not servmg development. B. Sewer and Water Install sewer collection and water mam lines along entrre route of Main Loop Road on-sIte when easement IS dedicated and sewer and water capaclty are available. ------------ On-Site Improvements: A. Roads - Mam Loop Road Construct paved roadway according to City of Yelm road specmcations for each phase adjacent to the roadway conc~ent Wlth such phase B. Sewer and Water Install sewer collectI.on and water mam lines along entrre route or Mam Loop Road on-sIte when ea.sement IS dedicared and sewer and water capacity are available. CITY OF YELM $T AFF REPORT PLANNING COMMISSION HEARING July 18, 1994 PROJECT: Conceptual Master Plan for the Southwest Yelm Subarea APPLICANT' Thurston Highlands Associates BEQUEST Conceptual Master Plan approval for 1,860 acres of property located southwest of the downtown srea of the City of Yelm in what Is referred to as the Southwest Yelm Subarea ~ENERAL INFORMA liON Applicant: Thurston Highlands Associates c/o KCM Consultants 1917 First Avenue Seattle, WA 98101 Location: east of Northwest of State Highway 507; north of sections 34 and 35; sections 28 and 22; south of sections 13 and 14, west of section 19. Legal Description: See attached Exhibit A. Land Area: , ,860 acres. fBOJECT DESCRIPTION The applicant proposes 8 Conceptual Master Plan for the Southwest Yelm planning area, A variety of land uses are proposed, including single family residential, multi- family residential and commercial. A network of transportation arterials through the planning area accommodates the projected development. The applicants have proposed a location for the Y -1 state highway corridor through the planning area In a manner that attempts to accommodate off-site physical conditions. A proposed utility network would provide sewer and water service to the area and development proposals wil\ be conditioned on the availability of such services. c: \ WPSl \.SO\c:limt\y~'9lao\ST APl'IUlP.SWY The project Is dominated by a proposed golf course and single-family residential area at the western side of the planning area. on the property owned by the applicant, Thurston Highlands Associates, The applicant proposes to serve the traffic and circulation needs of the single-family residential areas with a network of looping collectors/distributors. At the center of the golf course is proposed a clubhouse and small commercial center. To the southeast of the golf course, and along the proposed access road serving the planning area from that area, are two parcels k.nown as the Doyle and Bosequett parcels. Those parcels are proposed for multi-family residential use. Directly to the east of the proposed golf course, but still on property owned by Thurston Highlands Associates, is the proposed Y -, highway corridor running north/south, On either side Of the proposed corridor, the applicant proposes commercial useS. At the northernmost point of the corridor within the planning area, and on the western side of the corridor, the applicant has located a proposed school site, To the east of the proposed commercial corridor, the applicant proposes a mix of slngle~famlly and multi-family residential uses, with multi-family densities proposed In a location closer to the existing downtown core to serve as a buffer between those higher commercial uses and the single-family uses to the west. The applicant proposes to connect the main access road through this area back to Yelm Avenue to the northwest along Berry Valley Road and eventually connecting to Killion Road at the Intersection with Yelm Avenue. Finally, to the south of the mixed residential area lies the existing public golf course and, south of the golf course, an area proposed for affordable housing. The golf course will be retained in open space and the affordable housing area will be loned either single-family, to accommodate manufactured homes, or multi-family. ~IAFF ANALYSIS AND f{ECOMMI;~DA TIONS 1. Wetlands The original EIS for the Southwest Yelm annexation contains a wetlands map and a wetlands study of the on-site wetlands. The wetlands work performed for the EIS was adequate to consider the impacts on the wetlands from the annexation and the various development scenarios. The proposal adequately accommodates the identified on-site wetlands. The CitY's Master Plan ordinance, however, requires the applicant to show the location of wetland areas within the Master Plan area and "for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby c: \WPSIlJ()\c~\yclm'9Ian\8T Af'ffUW.SWY 2 , , 7 - ! ;\ .. " ,( o..j . '.1 .' F M F '.I.. -7 '}.: i'l ~,'.l lands where proJect impacts are relevant.. Because It is critical to consider the Impacts of the Conceptual Master Plan on wetlands, including adjacent, off-site wetlands, further study and identification of wetlands must be performed. In particular, the applicants' proposed location of the Y-1 corridor will have considerable Impacts off-site. The location of adjacent wetlands In the area of the corridor roqulres that these wetlands be further studied and identified. Prior to approval of the Conceptual Master Plan, the applicant must identify with greater detail and perform further studies of both the large wetland to the south of the planning area near the proposed route of the Y-1 corridor and any wetlands to the north of the planning area near the proposed route of the Y -1 corridor. The extent of such detail shall be sufficient to locate and map the boundary of such wetlands with considerable reliability and to designate a classification of such wetlands according to the City's Interim Resource Lands and Critical Areas Ordinance. 2. Y -1 Corridor The applicant has proposed the location of the Y-1 state highway corridor existing the planning area to the south and skirting the wetland in that area along the wetland's western boundary. This proposed route mayor may not be feasible. The final route will be determined fol/owing a feasibility study and analysis by the Washington State Department of Transportation. In order to allow for ultimate flexibility, the applicant shall propose a second, alternative location for the Y -, corridor along a route to the east of the wetland and evontually exiting the planning area to the north along the mid-point line of section 23. 3. Densities The Growth Management Act requires the City to plan for, and eventually accommodate, a certain projected population for Its urban growth area. Planning must, therefore, either account for the reality that actual build-out densities will be considerably lower than maximum densities under zon1ng ordinances, or Incorporate B minimum density Into the zoning ordinance. Otherwise, the City will never meet its mandate of accommodating growth. To this end, It is the recommendation of staff that both the Comprehensive Plan and Zoning Ordinance currently under development incorporate minimum densities, Because the proposed Conceptual Master Plan must be consistent with the Comprehensive Plan and Zoning Ordinance, or amend them accordingly, this proposal should be modified to include a minimum residential density. Furthermore, the current proposal shall be modified to divide the area Into tracts, with each tract meeting the minimum density as well. ihe proposed golf course and single-family residential area of Thurston Highlands Associates should be a single tract C: \ WP:Sl ~1icGI\yelo1'9lan\8T AFPllCP .SWY 3 and labeled Tract A. The Doyle/Bosequett parcels to the southeast of the Thurston Highlands Associates property should be a single tract and labeled Tract B. The mixed use multi-family/commercial strip along the proposed Y-1 corridor should be a single tract and labeled Tract C. The remaining residential area Including Rainier Estates, the residential properties to the east, the existing golf course and the single-family area to the southeast of the golf course should be a single tract and labeled Tract D. Each of the tracts in the Conceptual Master Plan shall meet a minimum residential density of 3.5 residential units per acre. Also, each development proposal eventually submitted In the planning area shall meet a minimum density of 3.5 residential units per acre. Where considerable open space, parks, and unimproved capital facilities are planned In a community, as in the case of the golf course, parks, water ponds and reservoirs In this proposal, a city has difficulty meeting its overall density target. When open space Is calculated In the density formula, It will severely diminish the density calculation. Therefore, all minimum densities shall be calculated by excluding open space, parks, water reservoirs and ponds, and any other open but unbullt area, other than roads, from the denominator in the density formula. The text of the Conceptual Master Plan shall be modified to provide such a net density calculation method. The City's Master Plan ordinance requires the applicant to identify proposed densities. The applicant's submittal provides an overall density of 2.7 dwelling units per acre and several undefined zoning designations. Prior to Conceptual Master Plan approval, the applicant must define the zoning densities provided. In other words, the applicant must define the allowed density in each of the proposed designations, including each of the sub-designations within multi-family. Also, the applicant must explain how the proposed designations differ, If at all, from the existing zoning designation In the City's zoning ordinance. Once these definitions are provided, the applicant shall then provide the number and percentage of units in each designation Finally, the applicant shall calculate and show the total r.Jmber of Equivalent Residential Units (ERUs) In each designation, Including commercial. The applicant shall also propose a list of allowable, conditional, special and accessory uses In each proposed zoning designation. The ultimate result of this work will be a proposed zoning ordinance for the Southwest Yelm planning area. 4. fhaslng The Master Plan Ordinance requires the applicant to identify the anticipated phasing of development. The current proposal does not adequately set forth such anticipated phasing. The applicant must provide a Phasing Plan that, to the extent reasonably possible, describes the anticipated residential populations, Infrastructure needs and c:\ WJ>S 1 \.SO\c1ialt\ydn'lflanlST AI'I'RBI' .SWY 4 .r;h . :t~'~~. ''t.,> .' projected land uses for each geographic area within the planning area and for each of four, 6-year Increments. 5. BQad.s The applicant has proposed the main loop road through the planning area, from Highway 607 along the Doyle/Bosequett parcels, through the golf course/single-family residential area, intersecting the Y-1, and finally connecting with Yelm Avenue along Berry Valley Road and to Killion Road. Prior to Conceptual Master Plan approval, the applicant must dedicate an aD-foot right-of-way corridor along this route, subject to further refinement by legal description when the details of the road design are finalized. In order to avoid Incremental construction of the main IQop road, and the potential for an unconnected road, the City will seek the construction of the entire road up-front as a condition of the earliest proposed development. The City will agree to negotiate a latecomers agreement for the reimbursement of the costs of such road. In order to facilitate such an agreement and satisfy state law, the City must first adopt an ordinance requiring the construction of the road. The City will begin preparing such ao ordinance. As a condition of any Conceptual Master Plan approval, the applicant will be required to enter an agreement waiving any right to protest such an ordinance and latecomers agreement. Following Conceptual Mast Plan approval, City staff intends to begin the preparation of a construction and latecomer package, requiring that the roadway be dedicated, designed and constructed in phases to meet the applicant's anticipated phasing, and an accompanying latecomer agreement that allows for reimbursement to the applicant on such a phased basis. It is not necessary that the construction and latecomer package be in place prior to Conceptual Master Plan approval. The City also requires, 8S a condition of Conceptual Master Plan approval, that the applicant agrees to dedicate right-of-way access points onto the Ft. Lewis military reservation in the locations shown on the map that was returned to the applicant with comments. Finally, the City requires the elimination of the smallloop/cul-de-sac In the southwest corner of the planning area. In its place, the applicant shall provide either a dedicated rlght-of~way following the same angle as the road to the city boundary, or actually construct the road along the same route to the city boundary. G. Water and Sewer In 1993, the City of Yelm entered into an Annexation Agreement with the sponsor of the Southwest Yelm Annexation, Thurston Highlands Associates, who Is also the C;\WPSI~\ydm"'Ian\STAF1'RBf' ,SWY 5 '. applicant in this proposal. Under the terms of that Agreement, the sponsor agreed to contribute the costs of the City's Wastewater Reuse Program to the extent attributable to the annexation area. The existing sewage treatment plant does not have the capacity to serve the planning area and will require expansion of its capacity. Such expansion will require the continuation of the ongoing Wastewater Reuse Program. The City has obtained a Centennial Clean Water Act grant that requires a local matching share. The grant totals approximately $220,000 and requires a 4% match from the applicant. The grant will also be written to provide 60% of the grant up front. The City seeks from the applicant 50% of the applicant's matching funds up front as well. The City has notified the applicant that 50% of its total contribution will be due by August 15, 1994. As a condition of Conceptual Master Plan approval, this payment must first be made As with the construction of the main loop road, the City will require, as a condition of Initial development In the planning area, the Installation of all water main lines along the main loop road, as well as all necessary reservoirs, tanks, wells and other lines necessary to serve Initial development. The City will also require as a condition of initial development, the Installation of all sewer collection lines and STEP systems necessary to serve Initial development. The sewer line must also accommodate the additional wastewater reuse line The utility lines must be oversized to serve the entire buildings out of the planning area. The City will agree to negotiate a latecomers agreement, but In order to facilitate such an agreement, the City must adopt an ordinance requiring the installation of water and sewer. As a condition of Conceptual Master Plan approval, the applicant will enter an agreement waiving any protest to such ordinance and latecomers agreement. The City will be developing a phased construction and latecomer package similar to the one Intended for roads, and will investigate the possibility of allowing phased construction and reimbursement. The applicant has applied for new water rights from the Department of Ecology on Tract A. The City's wastewater reuse program requires the availability of water on- site. In order to facilitate the reuse program, the applicant has agreed to assign Its water rights application to the City to incorporate the water rights ultimately certified to the City. The parties are finalizing the final negotiations of an agreement for the assignment. 7. Commercial Development The applicant has proposed an area of commercial use along the Y -1 highway corridor. Because the Y-1 highway will be a limited access highway, there will be no access to the commercial development from the Y -1 highway. The only access will be from C:\WP51 \SO\e1l<ot\yclmlplM\ST APFJtnP.SWY 6 along the main loop road, and a minimum of 300 feet f(om the intersection with the Y-, highway. The City Is concerned that commercial development In the Southwest Yelm planning area will not only serve the customer base of the planning area, but will also draw an unacceptable market share from existing established businesses in the downtown and surrounding areas of the City. Therefore, the City imposes a limit of 26,000 square feet per commercial structure and a total limit of 150,000 square feet in the entire Individual commercial corridor along Y-1. The applicant also proposes a commercial and service node near the proposed clubhouse. This node is adjacent to and is served by access from the main loop road. The City Is similarly concerned with the market share that this node will draw from downtown. The City is also concerned with the size and scale of this node and the development ultimately resulting therein. The City will limit the area of Individual commercial structures in this commercial node to 3,000 square feet and an overall limit of 12,000 square feet of commercial space In the entire node. Furthermore, the City will Include In the zoning designation and comprehensive plan that commercial development in this node will be modeled on a neighborhood village concept 8. Parks The City's Master Plan Ordinance requires the applicant to locate and show the relationship to local parks. The City seeks to provide park space to the nearly 5,000 projected residents of the Southwest Yelm planning area. The applicant has not Identified any proposed parks in the planning area, other than what will be created on school sites and the proposed golf course. The City requires the applicant to show the location of at least two dedicated City parks within the planning area. Also, Thurston County has acquired the railroad right-of-way once owned by Burlington Northern along Highway 507. The County is currently planning for the use of and access to that trail. The City has agreed to take the lead in coordinating the effort between the County and Burlington Northern for establishing the trail as a utility corridor to serve the Southwest Yelm planning area. The applicant has shown its proposed crossings of the trail on its accompanying map The City requires the applicant to obtain from Thurston CountY all necessary permits for crossing the trail. 9. Schools The applicant has shown the dedication of two school sites, one mid-size and one/ small. The Yelm Community Schools have apparently requested the deveiopers to provide another school site. As a condition of Conceptual Master Plan approval, the applicant shall negotiate an agreement with the Yelm Community Schools to provide an adequate number and size of school sites. c: \WP51 \5O\clIal1,,>,dm \pWlIST AI'P1U)J> ,9WY 7 '. Also, the Southwest Yelm planning area is divided between the Yelm Community School District and the Rainier School DistriCt. Section 28A.315.250 of the Revised Code of Washington requires that each city and town be comprised In a single school district. The statute does not necessarily place the burden for amending the boundaries of a school district on a city. In fact, It Is the City of Yelm's position that the burden is on either the school districts, the educational service district or the applicant to propose and amend the school district boundaries. The applicant shall be responsible for nogotiating within the Yelm and Rainier School Districts, as well as their educational service district for the proper modification to the school district boundaries CONCLt,JSION At this stage in the application process, there are sufficient outstanding Issues and questions that staff cannot recommend approval of the Conceptual Master Plan Staff will continue to work with the applicant to resolve the outstanding Issues. Staff recommends that the public hearing on this matter be continued to August 1, 1994 at 4:00 p.m. The decision should, therefore, be deferred to August 1 or sometime thereafter. C; \ WI'S 1 \5Q\cJinJt\yebn \pianIST AFI'lllir .sWY 8 .' MEMORANDUM TO: Members, City of Yelm Planning Commission FROM: Jim Blundell, Owens Davies Mackie DATE: July 18, 1994 RE: Southwest Yelm Master Plan It is the recommendation of staff that the public hearing on the Southwest Yelm Conceptual Master Plan be held today as scheduled and continued, not closed, so that public testimony may be taken again at the August 1 meeting. As you will see from the Staff Report, several issues remain unresolved. It was the hope of staff that these issues would be resolved by today and, if not, that a continuation of the public hearing would give us time to resolve them. Staff does recommend, however, that the Planning Commission recommend to the City Council the adoption of an initial Comprehensive Plan Amendment for the Southwest Yelm Subarea. The Master Plan ordinance under which the area is being planned provides that the Conceptual Master Plan be reviewed for consistency with the existing Comprehensive Plan. This assumes that a Comprehensive Plan for the area is in place. The only plan for the City is the 1985 Comprehensive Plan, but the Southwest Yelm area had not yet been annexed so it does not apply. In order to strictly comply with the requirements of the Master Plan ordinance, staff recommends the adoption of the applicant's initial Conceptual Plan submittal as an amendment to the Comprehensive Plan. This means that when the Planning Commission and City Council eventually make a decision on the Conceptual Master Plan, they will be reviewing the final submittal for consistency with the initial submittal. The initial submittal will serve as the benchmark for further review. Granted, this seems like a lot of work for such a minor, technical requirement. Nevertheless, I hope you will all agree that the magnitude of the undertaking warrants thorough compliance will all requirements. I have attached a recommended motion for the Planning Commission following the public hearing. I have also attached an outline of the review standards and application requirements taken directly from the Master Plan ordinance. Also attached is the flowchart of the process requested at the last meeting. JHB RECOMMENDED MOTION It is moved that the Planning Commission continue the public hearing on the Conceptual Master Plan until August 1, 1994 at 4:00 p.m. It is further moved that the Planning Commission recommend to the City Council approval of the adoption as a Comprehensive Plan Amendment the applicant's first submittal for Conceptual Master Plan Approval and Environmental Checklist, dated May 24, 1994. EXCERPTS FROM MASTER PLAN ORDINANCE Puroose of Master Plan Process n... to protect and improve the public health. safety and welfare by pursuing the following objectives: A. To ensure that future growth and development which occurs as the result of a master plan is in accord with the comprehensive plan and the planning policies of the city; B. To provide for large-scale projects that incorporate a full range of land uses. where appropriate and where consistent with the comprehensive plan; C. To encourage innovations and creativity for the safe. efficient and economic use of land; D. To ensure and facilitate the provision of adequate public services such as transportation. water. sewage. storm drainage. electricity and open space; E. To encourage efficient patterns of land use which. where appropriate. decrease trip length of automobile travel and encourage trip consolidation. increased public access to mass transit. bicycle routes and other alternative modes of transportation; F. To improve the design. quality and character of new development so as to reduce energy consumption and demand. and to minimize adverse environmental impacts including degradation of wildlife habitat and important natural features in the area; G. To foster and ensure a rational pattern of relationships between residential. business and industrial uses so as to complement and minimize impacts on existing neighborhoods; H. To ensure coordination of commercial and industrial building designs which will be harmonious and blending with each other and the natural environment. n Section 2. b , Puroose of Concectual Review "The purpose of conceptual review and approval is to establish general land use policies to guide detailed planning for and development of the master plan area. The conceptual plan shall identify the generalized land uses, transportation circulation routes, and services proposed for the site. Prior to site development, a master plan shall be approved consistent with the policies and conditions of conceptual approval." Section 5(A). Review Standard for Concectual Master Plan "Review of a conceptual master plan shall be performed initially by the planning commission. The planning commission shall review the application for completeness and, if it determines that the proposed master plan is consistent with the comprehensive plan and the city's other plans and policies, recommend approval by the city council. If the planning commission determines that the proposed master plan is not so consistent, it may either demand for modifications specifically identified or recommend denial by the city council." Section 5(8). Effect of Concectual Master Plan Acproval "Conceptual approval by the city council, upon a recommendation by the planning commission, shall consist of an amendment to the comprehensive plan and an amendment to the official zoning map." Section 5(8). "Upon conceptual approval by the City Council, the proposed mater plan boundaries, proposed use districts, transportation routes and case file number shall be identified upon the official zoning map. These districts and routes shall only be effective upon approval of a master plan meeting the requirements of conceptual approval and of this ordinance. " Section 5(0). b A r ( CONC~PTUALAPPROVALPROCESS Form and Contents of Application for Conceptual Approval of the Master Plan. An application for conceptual approval shall be submitted to the planning department for reporting to the planning commission and shall include. 1 Textural Information. a. Name, address, zip code and telephone number of applicant, b. The names, addresses, zip codes and telephone numbers of all landowners within the subject property, c. The names and addresses of all property owners within one thousand feet of the site, d. The legal description and tax parcel number(s) of the subject property, e. The existing zoning and plan designation on the subject property, f The acreage contained within the proposed master plan area. the number of" dwelling units pennitted and proposed, and the number of dwelling units per acre of land permitted and proposed, g The total acreage of nonresidential uses permitted and proposed, by type of use, h. Applicable school district(s), fire district(s) or departments, and other special purposes districts, I The means by which the proposed master plan meets the objectives of Section 1. j Proposed amendatory language for the applicable subarea plan, k. Anticipated phasing of development, I. General description of options for source(s) of water supply, method(s) of sewage disposal, methods of stann water control, and means to handle hazardous materials and hazardous waste is applicable, m. Identify potential major anticipated adverse environmental impacts and general mitigating measures, including off-site improvements, which may be Incorporated in a subsequent master plan by submitting an environmental checklist as required by WAC 197-11- 315, n An explanation of all features not readily identifiable in map form, 2. Conceptual Plan and Supporting Maps. a. A vicinity map showing the location of the site and its relationship to surrounding areas, including existing streets and major physiographic features such as railroads, Jakes. streams, shorelines, schools, parks or other prominent features, b Parcel boundaries, c. Freeways, highways and streets servicing and abutting the area and parcel. d. The existing zoning and comprehensive plan designation for all areas of the proposed master plan .area. e. Generalized proposed land uses including: i. Potential uses, ii. Range of densities and housing types, iii. Phasing of development. iv Any proposed zoning or development plan changes, f Multimodal transportation plans, with proposed major routes, pOints of ingress and egress. and the relation to eXisting and proposed area transportation facilities, g. Existing site conditions including water courses, wetland area, flood plains, unique natural features, forest cover, steep slopes and elevation contours of appropriate Intervals to indicate the topography of the entire tract for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant. '" .. . . SOUTHWEST YELM PLANNING PROCESS SUBSTANTIVE PROCESS ENVIRONMENTAL REVIEW SW YELM ANNEXATION FINAL EIS J, J, MASTER PLAN ORDINANCE ~ J, + SW YELM MASTER PLAN SUBMITTAL ENVIRONMENTAL CHECKLIST , ~ + PUBLIC HEARING + + + ADOPTION OF COMP. PLAN AMENDMENT ADDENDUM TO FINAL EIS FOR ANNEXATION + APPROVAL OF SW YELM CONCEPTUAL MASTER PLAN & AMENDMENT TO COMPREHENSIVE PLAN + APPROVAL OF FINAL MASTER PLAN City of Yelm ..~~ ..". 'I 105 Yelm Avenue West f 0 Box 479 Yelm, Washington 98597 (206) 458-3244 July 11, 1994 Henry and Jane Dragt c/o Mr William T Hillier Hillier and Scheibmeir P S 299 NW Center Street POBox 939 Chehalis, WA 98532 RE. Transfer of Water Rights' Dear Mr and Mrs. Dragt: On behalf of the City of Yelm, I am offering to acquire the water rights currently in existence on your dairy farm property for use in the City of Yelm's municipal water system In exchange, the City will agree to process all development applications on your property in an expedited manner, including the pending Conceptual Master Plan proposal, and will guarantee the availability of municipal water l~":' '( I have attached a Statutory Warranty Deed for the conveyance of your water rights to the " City of Yelm If you agree with the terms and conditions of this letter agreement, please sign the letter agreement as well as the Statutory Warranty Deed The deed must be signed and executed in the presence of a notary public. ,..;. The following terms and conditions represent the agreement of the parties and is the "other good and valuable consideration" referenced in the attached Statutory Warranty Deed By signing in the space provided below, the parties agree to the following terms and conditions. 1. The City of Yelm agrees, in as expeditious a manner as is reasonably possible, to process all development proposals, including the pending Conceptual Master Plan Submittal, for the property described as the Appurtenant Lands and attached as Exhibit A to the attached Statutory Warranty Deed @ R~C\'ckd fXIpu Henry and Jane Dragt July 11, 1994 Page 2 2. The City of Yelm agrees to provide access to the City's municipal water system for the property described as the Appurtenant Lands, at the time and place that such access is made reasonably possible and subject to all fees, charges, restrictions and regulations of the City of Yelm and the State of Washington pertaining to the City's municipal water system ..... ~ ,..; o{, 3. The Dragts agree to transfer and convey all permitted and unpermitted water rights currently existing on the property described as the Appurtenant Lands and to make such transfer and conveyance by signing and executing the attached Statutory Warranty Deed. The Dragts hereby authorize the City to detach all such water rights from such Appurtenant Lands and to change their use to include municipal use. The Dragts also hereby authorize the City to change the point of diversion and means of conveyance of the water of such water rights to any location that it may designate. 4. The City of Yelm agrees to file all necessary applications and documents with the Washington State Department of Ecology in order to effectuate this transfer and to make the changes necessary to the use, point of diversion and means of conveyance. The Qity agrees to bear all the costs of such applications and documents, as well as the costs of any necessary studies and analysis required by the Department of Ecology in approving such transfer The Dragts agree to cooperate with the City in obtaining all such changes, including without limitation, signing any applications or other documents that may reasonably be required to effectuate this transfer. The Dragts agree to avoid any interference with the processing or approval of such transfer (, ,5. The Dragts hereby acknowledge, covenant, represent and warrant as of the date of this agreement that: (a) the Dragts are the owner in fee of the water rights, (b) the Dragts' title is subject to no encumbrances, defects or exceptions, (c) the Dragts will not hereafter enter into any contract or create any obligation which will bind the City as its successor in interest with respect to the water rights, (d) the Dragts are not aware of any material defect in the water rights; (e) the water rights are in full force and effect; (f) the water rights have been used continuously, without any material interruption in use, since , (g) the Dragts are not aware of any act or omission on their part with respect to the use or registration of the water rights which could result in the loss, abandonment, or diminution in such water rights, (h) the Dragts will use their best efforts to cause the conditions set forth in this agreement to be satisfied, and (i) all sketches, documents, materials and information provided by the Dragts shall be true and correct in all material respects and shall not fail to include any material information regarding the water rights. ,Ok ~~ "'- Henry and Jane Dragt July 1 t; 1994 Page 3 Thank you for your cooperation in this matter We look forward to a successful transfer of your Water rights to the City of Yelm. Sincerely yours, -,:' Gene Borges City of Yelm --- GRANTOR. GRANTEE. :..,. ,I'. '- }." ....1-. HENRY DRAGT Kathy Wolf Mayor, City of Yelm JANE DRAGT ~-" :..;.. 'i~ ,;. C:\WP51 \51 \JHB\QRAGT.l TR ,\' _'.:< . 'f. '-.,.. ]- .).~., ~ ~'ECEIVEL uEt' bn~1'" :Il.:i'..-! V:t;;;..,,:;.t..; ~~i""":: CITY OF YELM ORDINANCE NO. 484 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF YELM, WASHINGTON. WHEREAS, .the record owners of at. least sixty percent of the value of the property described in the attached Exhibit A have petitioned for annexation to the City of Yelm. ! i ~ ~ f~ ~ ~ t 14 ';'1 ~i ~ 1 WHEREAS, the City Council and Planning Commission of the City of Yelm held duly-noticed public hearings. WHEREAS, the annexation has been returned by the Thurston County Boundary Review Board to the City of Yelm for final action since the 45-day period of time allowed for the jurisdiction of the Board to be invoked, pursuant to RCW 36 93.100, has passed and no person or official entity allowed has filed such a request. WHEREAS, the City Council finds that such annexation is consistent with and conforms with the annexation requirements for c6de cities provided by RCW 35A.14 WHEREAS, the City Council finds that the annexation is consistent with and conforms with the annexation policies and criteria found at Yelm Municipal Code 2 66 and the anne~ation procedures found at Yelm MUnicipal Code 17.64. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OFYELM DOES ORDAIN AS FOLLOWS Sectlon 1. The following described territory is hereby annexed and made a part of the CIty of Yelm LEGAL DESCRIPTION - PLEASE SEE ATTACHED EXHIBIT "An Section 2 Said property shall be subject to the eXlsting Indebtedness of the CIty of Yelm and to pay said Indebtedness shall be assessed and taxed at the same rate and on the same baSIS as other property vVlthln the City of Yelm C \\/P51\57\yEU1\ORO.'IE].t DOC ~ /Section 3. Said property, excepting the highway right-of-way, shall be zoned as RA-5A as provided in Section 17.40.020(c} of the Yelm Municipal Code. Such zoning designation shall remain in effect until further modified by master plan as set forth herein. Section 4. This Ordinance shall become eiiective on the 7th day of Dece:-nber ,1993 being a date not less than five days following publication. Section 5. The City Clerk shall record a copy of this Ordinance in the Office of the County Auditor and file a certified copy with the Board of County Commissioners. ;f~, .Jf4 Kathy Wall, 'Mayor / A TrEST: (Jlbbl IJ 041M Agn~s P. Colombo, City Clerk PASSED AND APPROVED: Nove:-nber 23 I, 1993 PUBLISHED Nisqually Valley News, Dece.mber 2 , 1993 C\'IlP5l\57\YEl_M\OHD-43<1 DOC 2