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20070404 Email Dist for Public Hearing 2 060120166-5p fiboheA" fob Of 7,010 THURSTON CO ASSESSOR'S OFC THURSTON COUNTY THURSTON COUNTY ROAD DIVISIOP 2000 LAKERIDGE DRIVE SW BLDG 1 COMMUNICATIONS 2404 -A HERITAGE COURT SW OLYMPIA WA 98502 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98502 OLYMPIA WA 98501 APPLICANT AA dtd i 6p,ale d Yelm Creek Bldg, LLC 240 Stadium Way S Tacoma, WA 98402 ERLING BIRKLAND YELM COMMUNITY SCHOOLS PO BOX 476 YELM WA 98597 SCOTT LINDBLOM THURSTON COUNTY ROAD & TRANSPORTATION SVCS. 9605 TILLEY RD S STE C OLYMPIA WA 98512 TERESA PARSON THURSTON COUNTY DEVELOPMENT SERVICES 2000 LAKERIDGE DRIVE SW BLDG 1 OLYMPIA WA 98502 TODD STANCIL CITY OF YELM POLICE DEPARTMENT 105 YELM AVE W YELM WA 98597 JOCELYN WHITE LEMAY, INC. 2910 HOGUM BAY RD NE LACEY WA 98516 APPLICANT'S ARCHITECT Tim Holderman Al(� Sound Engineering, Inc. 5007 Pacific Hwy E, Ste 7 Fife, WA 98424 GRANT BECK KEN BECKMAN CITY OF YELM FAIRPOINT COMMUNICATIONS 105 YELM AVE W PO BOX 593 YELM WA 98597 YELM WA 98597 DENNIS BLOOM INTERCITY TRANSIT PO BOX 659 OLYMPIA WA 98507 AARON MANLEY ORCAA 2490 LIMITED LANE NW OLYMPIA WA 98502 DALE SEVERSON WSDOT OLYMPIC REGION PO BOX 47440 OLYMPIA WA 985047440 AMY TOUSLEY PUGET SOUND ENERGY 2711 PACIFIC AVENUE SE OLYMPIA WA 98501 BOB ZEIGLER DEPARTMENT OF FISH & WILDLIFE PO BOX 43200 OLYMPIA WA 985043155 McCarthy & Causseaux 902 South 10th St Tacoma, WA 98405 Thursday, June 02, 2016 Project Review List CHIEF MARK KING THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 SANDY NORTON THURSTON COUNTY PLANNING DEPARTMENT 2000 LAKERIDGE DRIVE SW BLDG 1 OLYMPIA WA 98502 ART SPORSEEN WSDOT OLYMPIC REGION PO BOX 47440 OLYMPIA WA 985047440 ABBE WHITE DEPARTMENT OF ECOLOGY SW REGIONAL OFFICE PO BOX 4775 OLYMPIA WA 985044775 �.. te0 DEPT OF ECOLOGY - SEPA UNIT SEPA CENTER DEPT. OF APPLICANT ENVIRONMENTAL REVIEW NATURAL RESOURCES PO BOX 47703 PO BOX 47015 OLYMPIA WA 985047703 OLYMPIA WA 985047015 APPLICANT'S ARCHITECT APPLICANT'S ENGINEER OWNER ERLING BIRKLAND DENNIS BLOOM GRETCHEN KAEHLER YELM COMMUNITY SCHOOLS INTERCITY TRANSIT DEPT OF ARCHAEOLOGY & PO BOX 476 PO BOX 659 HISTORIC PRESERVATION YELM WA 98597 OLYMPIA WA 98507 1063 S CAPITOL WAY SUITE 106 PO BOX 48343 OLYMPIA WA 985048343 CHIEF MARK KING MICHAEL NICOLAS TODD STANCIL THURSTON CO. FIRE DISTRICT 42 ORCAA CITY OF YELM POLICE PO BOX 777 2940 -B LIMITED LANE NW DEPARTMENT YELM WA 98597 OLYMPIA WA 985026503 105 YELM AVE W YELM WA 98597 AMY TOUSLEY GEORGE WALTERS CYNTHIA WILSON PUGET SOUND ENERGY NISQUALLY TRIBE NISQUALLY THURSTON COUNTY 2711 PACIFIC AVENUE SE TRIBAL COUNCIL DEVELOPMENT REVIEW OLYMPIA WA 98501 4820 SHE -NA -NUM DRIVE SE 2000 LAKERIDGE DRIVE SW BLDG OLYMPIA WA 98513 1 OLYMPIA WA 985026045 BOB ZEIGLER DEPARTMENT OF FISH & WILDLIFE PO BOX 43200 OLYMPIA WA 985043155 Thursclay, June 02, 2016 SEPA Required Mail List ' Of T p9 YELM WASHINGTON City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 NOTICE OF PUBLIC HEARING - YELM HEARING EXAMINER DATE: Monday, June 13, 2016 — 9:00 AM PLACE: Yelm Public Safety Building, 206 McKenzie Avenue SE, Yelm WA PURPOSE: Public Hearing to receive comments regarding the following: 1. Yelm Creek Mixed Use Binding Site Plan Case Number 20070404. Request for binding site plan approval to create 3 parcels and additional common area. ,10520 Creek Street, Yelm, WA, Tax Parcel Number 64303400400. The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the application listed above. The Hearing Examiner will make a decision on these matters within 10 working days after the hearing. Testimony may be given at the hearing or through any written comments. Comments must be received by the close of the public hearing. Such written comments may be submitted to the City of Yelm at the address shown above or mailed to: City of Yelm Community Development Department, 105 Yelm Avenue West, Yelm WA 98597. Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue West, Yelm WA 98597. For additional information, please contact the Community Development Department at (360) 458 -3835. The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate in this hearing, call the City Clerk, Janine Schnepf at (360) 458 -8402, at least 4 days before the meeting. ATTEST: Janine Schnepf, City Clerk City of Yelm DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, June 3, 2016 Posted in public areas: Wednesday, June 1, 2016 Of THE p� 'off 9� YELM WASHINGTON STAFF REPORT City of Yelm Community Development Department Case Number: 20070404 Yelm Creek Mixed Use Binding Site Plan Applicant: Yelm Creek Bldg, LLC 240 Stadium Way S Tacoma, WA 98402 Agent: Sound Engineering, Inc Tim Holderman 5007 Pacific Highway E, Suite 7 Fife, WA 98424 Request: Subdivide approximately 11.04 acres into 3 parcels with joint access areas. Public Hearing Date: June 13, 2016 Recommendation: Denial Proposal The proposal is to subdivide approximately 11.04 acres into 3 parcels through the binding site plan process. The applicant received site plan approval for the construction of 164 apartments with approximately 55,000 square feet of commercial space, which included additional commercial property to the south. The apartments are constructed, and two commercial pads are building ready. The property to the south was included in acreage to calculate the allowed residential ratio of a mixed use development. This property to the south has an existing furniture store, and a newly constructed mixed use building of approximately 7,500 square feet. Property Characteristics The property is located at 10520 Creek Street and is identified by Assessor's Tax Parcel Number 64303400400. The property is zoned Heavy Commercial (C -2). Concurrency for subdivisions is met when, at the time of preliminary approval, the planned infrastructure identified in the six -year improvement program and water rights are present or are in an approved and funded plan to assure availability in a time to meet the needs of the proposed development. The State Subdivision Act, Chapter 58.17 RCW, requires that the City of Yelm make a written determination that appropriate provisions are made for potable water supplies as part of the preliminary land division process. As of April 30, 2016, the City has 439 water connections available for new development. These connections will provide for 2 to 3 years worth of growth at historical rates. This connection limit is based on storage capacity and available water rights. The City has been planning since 1994 for the acquisition of new water rights, which were approved by the Washington State Department of Ecology in 2010. This approval was appealed and was upheld by the Pollution Control Hearings Board and by Superior Court, but was overturned by the Washington Supreme Court on October 8, 2015. While the City expects to re -apply for additional water rights after addressing the legal shortcomings of the previous application, it has not yet made application with the Department of Ecology, and has no indication from Ecology how long it might be to process a new application. A preliminary subdivision is valid for 5 years of the date of approval. [Section 58.17.140 RCW] Usually once preliminary subdivision approval is granted, civil plans are prepared, approved, and the construction, inspection, and approval of required improvements such as streets, sidewalks, water and sewer mains, and stormwater facilities are completed. A final subdivision is then submitted for approval by the local legislative authority. In this instance, the infrastructure is complete and approved, with the exception of sewer service appurtenances for the commercial building pads. After final subdivision approval, the commercial pads may be leased or sold. There are no site plan review applications pending, and may not be for an undetermined length of time. At this time, with a limited number of water connections and no application pending for additional water rights, it is not possible to find that water will be reasonably available at the time it is needed for the new commercial construction, if the preliminary subdivision was approved at this time. Concurrency for water infrastructure cannot be met at this time for a preliminary subdivision, although this will change with more clarity about the process and timing for acquiring additional water rights. Page 3 of 7 A mitigation agreement between the applicant and the school district was recorded and paid at the time of building permit issuance. State Environmental Policy Act The City of Yelm Responsible Official issued a Mitigated Determination of Nonsignificance for the project on March 4, 2008. The mitigation required the payment of transportation facility charges, specific improvements to Creek Street, high ground water reports and the removal of septic and exempt wells onsite. Critical Areas The site plan approval for the project issued in July 2008 included conditions of approval that met the Yelm Critical Areas Code and provides protection for wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat areas. Lots Size and Setbacks The site plan review approval determined the setbacks for development. All permitted structures and future building pads meet required setbacks. Development Standards Transportation and Site Access The City of Yelm Development Guidelines and the concurrency requirements of Chapter 18.16 YMC require all new subdivisions to improve street frontages to current City standards. Creek Street and internal streets are constructed to current City standards. Transportation Facility Charges for the residential buildings were paid at the time of building permit issuance. Transportation Facility Charges for future commercial development will be paid at the time of building permit issuance. Parking Required parking was reviewed and approved during site plan review. Parking for the apartments is complete and temporary parking has been provided in the commercial area. Mailboxes Mailboxes for residential development have been installed and approved. Mailboxes for the future commercial development shall be cluster box units (CBU). Placement of CBU mailboxes Page 5 of 7 that potable water will be available at the time homes would be constructed on the proposed lots. The Community Development Department recommends that the subdivision be denied until such time as concurrency for water infrastructure can be established. Should the Examiner determine that concurrency for water infrastructure is met, the following conditions are appropriate to ensure consistency with the Comprehensive Plan, Unified Development Code, and Development Guidelines: 1. Civil construction plans shall be provided at development of the future commercial area. 2. The applicant shall mitigate transportation impacts based on the new P.M. peak hour trips generated by the future commercial development. The Transportation Facility Charge (TFC) fee is subject to change. Actual costs shall be determined at building permit issuance. 3. Connection to the water system will be required at the time of future commercial development. The connection fee and meter fee will be established at the time of building permit issuance. 4. Connection to the sewer system will be required at the time of future commercial development. The connection fee and inspection fee will be established at the time of building permit issuance. 5. Prior to the submission of final plat application, a subdivision name must be reserved with the Thurston County Auditor's Office. 8. The applicant shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the homeowners' association becomes responsible for landscaping maintenance. The performance assurance device shall be 150 percent of the anticipated cost to maintain the landscaping for three years. Conclusion: Based on the Analysis and Conditions of Approval above, staff recommends the subdivision be denied. If the Hearing Examiner determines concurrency with water infrastructure, staff recommends that the Hearing Examiner approve binding site plan 20070404 as conditioned above. Attachments: Preliminary Subdivision Map Page 7 of 7