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16135 Railway Rd SE Microsoft Office Outlook - Memo Style (11)Gary Carlson From: Jim Park and Barb Wood [parkwood @ywave.com] Sent: Thursday, April 07, 2011 9:49 PM To: Gary Carlson Cc: Shelly Badger; Grant Beck Subject: Fw: Use of 16135 Railway Rd Hopefully this makes it - - - -- Original Message - - - -- From: Jim Park and Barb Wood To: Gary Carlson Cc: Shelly Badger; Grant Beck Sent: Thursday, April 07, 2011 9:20 PM Subject: Use of 16135 Railway Rd Hi Gary, We rec'd your notice today, April 7, 2011, regarding complaints about cattle at 16135 Railway Rd. The parcel is 11.9 acres, with a 5000k sq. ft barn, and a small farm house. It is fenced and cross fenced, with an electric New Zealand fence system. We are perplexed on what would have resulted to any complaints? In fact, the photos show happy cattle, in the middle of the 11 acres If you could provide more information on the nature of the complaints, that would be helpful, and we could address them. When this property was annexed in 1995 ( ?), it was requested that our agricultural practices be grandfathered in for future use. In that request and approval; cattle, horses, hogs, chickens, and hay production were called out as existing agricultural practices that were to be grandfathered in as long as the property was held by the owners at the time. That was part of the annexation approval on our part. And the City approved that request. The City should have records that support that. While, the property has been sub - divided, between the original owners, it is still in the legal ownership of originals owners of the property when it was annexed into the City. In the last few years, we have invested over 15k in barn renovation and a superior fence system for the sole purpose of raising hay and cattle at the property. This investment was based on the fact that we had a grandfather agreement to continue agricultural practices after the property was annexed. Additionally, while it is in a R6/1 zoning, the City has a no build ordinance that refers to the FEMA FIRM map. That map has dictated that the majority of the parcel is not available for residential buildings, regardless of zoning. While it is hopeful that the City will re- evaluate the FEMA FIRM map, based on the fact that delineation of the "floodplain" was based on a HEC -RAS model, which does not evaluate the relationship between surface and groundwater. And the fact the Yelm Creek is a ground water fed system, which FEMA has no authority to regulate. In addition, the Department of Ecology has recently removed Yelm Creek as a Shoreline of the State, as defined by the SMA WAC, because it no longer sustains a mean annual flow of 20 cfs. As my phone message stated, we are available tomorrow afternoon to discuss the situation Thanks much, Barb and Jim