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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
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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
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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
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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