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Project Review & Correspondence 0' ic'" oo:t d\ ,... 'j' . O~ \ ~~ ':to' ":::- ~~'5~ 4- :U1io,~ · -- " . ~~-:r.~~ \..L . '{',~;Oi~\~,e: C" o ::"ii:s:.'ui\U~~ ~ -c ~ '.:'::~g~'~~ ~! ~ . ...;a~:l~ .il'~ V) v '- ';:C%i~t&~~~ ~ ~ (:) ~~;;)~...C:t.'.:;.)Z.:.:.O..,.~~~ ~':X: +- "\:~O Nl'- '. '\ -+-' 0 "'\~!';:i ~ Ul ~ ~ u- .at ~;~ I ) :> ::> 1 '\ . ~.8o.~~ ~~ ~ . ~,:~}~ (P ~ .:~:~,!lali:~'.~ ~ Y.... ....~ "'''''~. -r': '.i' .&. ;?'Ei i~~ o ~ ~ a :x: ~ ~ u.- ~ ;cc. ~ () () C ~\O ad) 2\0" ~ ~ ~ ~ a \ .() ~tr" o ' ~ ~ 'Q c:S - ........ o ~ " ',I '!- ;u t'-" " r1" r1" tr' '0 .0 o o " t'-" .. ... 'nJ o t'-" nJ cO o ra lI' o nJ Ora .. ... '!- o~ lI' '0 cO . ra o ~ AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (L1 DIU LI DILA TECOM ER) THIS INSTRUMENT is entered into this _ day of , 1998, by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the "CITY," and hereinafter referred to as the "OWNER." WITNESSETH WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington and WHEREAS, the CITY has required as a condition of approval of the OWNER's site plan/subdivision for said property that the OWNER participate in the construction of certain utilities and/or street improvements as they directly relate to said property and the OWNER desires that said requirement be delayed until projects are formulated for the joint participation of other affected owners NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows 1 The CITY will delay its requirement for the immediate participation by the OWNER in the construction of certain utilities and/or street improvements, subject to the conditions set forth hereinafter 2 The OWNER will financially participate int he following utility and/or street projects on an equitable basis with other affected property owners _ Sanitary sewer system improvements, _ Water system improvements, _ Storm water system improvements, CITY OF YELM ds\c:\office\plandept.cc\agreemnt.lid Page 1 ~ Street improvements, ~ Street lighting improvements, _ Sidewalk improvements, Other which improvements are more specifically described as follows The owner agrees to participate in site frontage improvements to SR 5('7 Improvements shall be from centerline along the property frontage and include 6' left turn lane section, a 12' traffic lane, a 17' stormwater treatment swale and street lighting as required by WSDOT and/or the City of Yelm Site frontage improvements may include a transit stop and shelter The property owner shall also provide a 10' utility easement. 3 The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULlD), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described in Section 2 herein For purposes of this Instrument, "rights of protest" shall mean only those formal rights to protest contained within the LID, ULlO or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right t object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved 4 The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described hereinabove, to accomplish the following At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described hereinabove, to execute a Petition on behalf of the OWNER for the creation so such LID, ULlD or Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated This Special Power of Attorney shall not be affected by the disability of the OWNER. 5 If the OWNER fails to perform in good faith in accordance with this Instrument, it is agreed that the CITY may discontinue utility service to the property described herein, after giving 20 days notice thereof and an opportunity for hearing thereon, or may pursue other equitable or legal remedies 6 The OWNER hereby declares that is/are the sole owner(s) of the property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney 7 This Instrument constitutes a covenant running with the land and shall be finding on all heirs, assigns, transferees, and successors in interest. CITY OF YELM ds\c:\office\plandept.cc\agreemnt.lid Page 2 o 8 For purposes of RCW 35 43 182, and any LID or ULlD thereunder, the effective term of this Instrument shall be a period of ten years from the date hereof For purposes of RCW 35 72 and RCW 35 91, and any Latecomer Ordinance and Agreement thereunder, the effective term of this Instrument shall be a period of fifteen years from the date such an Ordinance and Agreement becomes effective IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first hereinabove written CITY OF YELM OWNER By' City Administrator STATE OF WASHINGTON ) ss COUNTY OF On this _ day of ,1L ,personally appeared before mL- , to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that _ signed the same as free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned Notary Public in and for the State of Washington, residing at My commission expires CITY OF YELM ds\c:\office\plandept.cc\agreemnt.lid Page 3 City of YellD 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 206-458-3244 February 6, 1998 -..... Mr. Kirk A. Harr, President Harr Family Homes 2205 116 Street South Tacoma, WA 98444-1419 RE: Nisqually Estates Dear Mr. Harr, As per our phone conversation this afternoon, regarding the encroachment into the buffer by your contractor wood & Son, I will request the following action. * No later than February 24, 1998 a conceptual plan will be submitted to my office outlining corrective action for the disturbed buffer. * The conceptual plan will be prepared by a person or firm certified in the field of wetlands/buffer design. Thank you for your prompt attention to this request. If you have any questions feel free to call my office at (360) 458-8499. Sincerely, City of Yelm ~~Q:-- Public Works Director cc. Mr. Mike Wood, Wood & Son Mr. Douglas Kaukl, Attorney at Law Ms. Cathie Carlson, Planner r- ~lJ \...J.Lf- -'0. \...J'=':: .Lf-~I. 1--=-I"tLJr:.I(.L.It.,....,..,~~ 61. I"........Ul"L I.~ ~::::).=. o.....~ .J../::::)\...J I. ...U~ .. ATTORNEYS AND COUNSELORS AT LAW PRNDFRc;.R A~~ 1\ NT) K AUK.L.. .11'1<<"';., J.~S. ::lOUT11 r 1I:.A.'''n,'!!.:'!::!o:!otlb.'i~ ,'L ,.~.:J^1,"J.. 112i2 - 94th Avenue Ea~t Puyallup. Washington 98373 PHONE (253) 848-4581 FAX (253) 841-1750 l.; L't."f.'11!.'NfJ'hl'(ukA:-'::' DOUGLAS KAtJKL Refer to 1lI11:_._ [' yt.. ""U)' 1, ] !)!)8 Harr Homes A TTN Kirk A Harr 2205 116th Street South TUl.>VUIU, Wi'... ~&44..j.-.I.4l? o.t; ",ft.,r""l... A Tn,/" Mi' K6110aHluu 105 Yelm Avenue West POBox 479 Yelm, W A 98597 Re. Rhcrnl1 M~r.N~lIehton Pial vi ~~'->'i,..u"ll)' L;)W1.l.... Gentlemen As you know, we represent Sherrill MacNaughton who IS the owner of real property abuttmg NIsqually Estates, which IS presently bemg developed by IIarr Homes, successor to Mark Carpenter As you also know, contrary to restrictions on thc plat and express condItions of the development permit imposed by the City of Yelm, thc developer in latc November graded a portion of Tract F, removmg natural vegetatlOn intended by the slte development plan to remain tor screening. Ms. MacNaughton demands that the C1ty immediately prepare and Implement a remediation plan requmng the developer to forthwith reconstitute the buffer area With cffectIve screemng measures so that buffer is restored to a condItIOn at least eqUlvalent to that eXisting before the unlawful grading took place. Ms. MacNaughton has suggested that a herm be constructed so that future degradatIOn of the buffer could not be rcphcated The positlOn of HarT that such a buffer would be of no benefit to either party lS completely unfounded be\.au~e a berm would obVIOusly result tn the most effective screenmg lmaginable It IS my impressiOn that Harr Homes feels that a berm would somehow be aesthetically ObJcctlOnablfJ ThIS position ignore::> the negative acsthetlc conSiderations of the subd1vislOn WIthout an effectIve buffer when VIewed from our clIent's property, and IS neIther logical nor acceptahle to Ms MacNaughton You should understand that Ms, MacNaughton's property ha::> sustall1ed a demonstrable and provable economic devaluation by removal of an effective butler The only way to remove this , , cC - , J 4- -I F , , 4 0 ~ F M F 1-' ~ I ...~LJ-'-I--'--~otJo '-I~...--.-,-r rL-I...LJL..I'"'-'-=Ir'\.I-"\...:Jo....:Jo CI( I"-I-"\\....II"-L.. r...:Jo tC-;J...,3 <..JI"""t-..J.. ..J..,;J'\.J r ..'\.J~ thIS IS by construction of the buffer Ms. MacNaughton is prepared to Institute actlOns agamst Harr Homes. Mr Carpenter, and the City of Yelm Reek1n2 cli'lmRCf"'l;l I'lnd f'lll11table relief If E:h@ ill not given immediate assurances that the City Intends to discharge its duty to require prompt and effective remediation measures and that those responsible for the development are going forward to effectuate those measures J must emphasize that it IS Ms. MacNaughton's firm positIon that a bem1 represents the only rcahstic means to assure a permanent and effective buffer Smcerely, PENDERGRASS AND KAUKL, INC , PS DK.lnp via fax and certified mail I .- II"! _I 111 II H!l r II - Feo-04-9B 03:41P PENDERGRASS & KAUKL PS 253 B41 1750 P.01 'TITlHI'ilfYfi 'I'm rl1TIN'i1i'1 nl'i n , Ill' PENDERGRASS AND KAUKL, INC., P.S. SOtn'll HJLL 1>RO~IONAL SQUARE U3l2 . '1fUI ^"'1I111 11I& l'lInIlIlP. WI',b'lIlWD '111373 >>IION1Z (106) M&4581 FAX (206) 841.1750 c. ~ PENDERGRASS I'IOlJOu.u IU.Uau.. RfIf.r to fi~: r ACGIMILI: covr:n SIIEET UAlt:; ~/, (/ Cl7 7/1 7 D r ? NlJMU~H ~Jr PA~i~:i Ht-IN(i I HAN:iMIITFn INf:llll1lhlf.\ "n\lFI!\ ~HFn' ) PLEASE DELIVER THIS TRANSMISSION TO. ~!Lf'.l'), 6~mdX/1... AT FACSIMILE TELEF'HONc NO Lf ) k' - '--l3 '('ll FROM. ,,---D<5U.(.) - ~u-<<..~ Lc RE: MESSAGE: .u; YOU DO NOT RECEIVE ALL flACCC, rLCAGC CALL: 84B-4G81. NOTE: This document wntBIns PRMlEGED AND CONFIOENTW.II"Ifonnution Inf8nded only for1he USlt of the .:sdres:lOClCll) named above. If you are not the InIMdad rvclplent of this facsimile transmlsskxt. ot U. em~ ot agent ~ foe deliYer1ng tt to the Intended RlCIpIent. )'OU ate hen:tby notified that MY di$Hmirwdion or copying Of thb flllCSlmlle Is 8bicUy prohibited. If you have reoehIed this fcoImlle In error, pIeue Immecfllll8ly nafKy U$ by IVlephane and retum tho cxlglnaI fecaimllo Ie us at the abQo..lIddrua via maD. Thank you. UL-114-"~ 04 02FM PII) " City of YellD 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 206-458-3244 December 16, 1997 Mr. Kirk Harr Harr Family Homes 2205 116th St. S. Suite #200 Tacoma, WA 98444-1419 RE: Nisqually Estates Dear Mr. Harr, Thank you for the information faxed to my office last week regarding the ownership and contractual item's we requested. As you recall, we had a brief discussion regarding the encroachment into the buffer area by your contractor woods & Son which is a direct violation of the terms of the site plan approvals Ms Sherrill MCNaughton, the adjacent property owner requested her attorney to draft a letter (attached) to my office requesting mitigation of this encroachment. I spoke by phone today with Mr. Doug Kaukl regarding his letter and advised Mr Kaukl I would forward a copy of his letter to your office for your review and than perhaps to two of you can discuss a method to mitigate Ms. Mcnaughton's concerns will you please let me know the results of your conversations so I may remain informed throughout this process. I can be reached at (360) 458-8499. Sincerely, City of Yelm lL Ct~ Ken Garmhn Public Works Director Arl'ORNEYS AND COtJNS",LORS AT LAW PENDERGRASS AND KAUKL, INC., R S. SOUTH mu PROFES!:)lONAr SQUARE 1121 z 94th AV('l1uP Hast Puy"llup, Washington 98373 PHONI:: (253) 84R-45Kl G. U:". PENDERGRASS DOllGLAS KMIKL _. ,_..1 Fleler to /lie: December 4, 1997 (:lty uf Ydlll A TIN M I' Ken Curmin P U lSox 479 Yelm, WA 98597 Re Ms Shernll MCNaughton/folar of Nlsquany E~Uilt::s Gentlemen We have previously advised the City of our representation of Ms. McNaughton who owns, and resides on, real property sited contiguously to tIns plat. LUI\U'ar'l <<;'me .2'tY.ji:'l.J~l~,J)'t, .im~:"'b:n! .~~~ .l\i~~ .IU!.~ .{!{\ndttt~lf1 .t(~ .pW JlJlflrJ)va.1 .tM.f1~v"'n~r h'.\' _ urJulMl' -.Mf rr-mi\\rNt "f'{Yf"tatinn from n Jilrrft nortinn Hf the f?\lff~r iU"~it i\Qjp,cent to our (~Jjent'8 property On the plat, the subject area is reterred to as Tract F. Our client not only is naturally concerned with this encroachment as an abutting owner, hut has a direct interest owing from the ftJI I 11. nl, ihl'. ,hll..", t,h,', ,flltllf'fl rlfTht t,n. 'QurQhq&i Tr3cL.E.frnm th,.. rle\lelont"J' rlll,nliml h, lfa..:. i'llit APPNva' ~f'~or.m, Mo Mc~luuHhton !lgfced to \lr~hIP (\~l{."tinn~ '1hf" h:ut in Irvl\sld-=.ru'liun uf c:ltutJhuJUllvuL lIf lh. bl.lft'.r Ue'K erl ImfUl',lltJlUl of thp rN]m:-nmnnt ~nt t~~ developer install a fence so as to further reinforce the effectiveness of the buffer area In screemng the development from her residence. Now that native vegetatIOn within the huffer has bCt;u t:HC;;l.Llvvly d~st,.oycdj our cJlcm believeti that. ihtl vuly ~rrcI..lJ"'o;; "'::j~'1o::dill.ti()n measure available would be establishment of a berm of sufficient height to permanently separate the pf'(}pcrtj('~ 4('('/lrflingly M~ Mr.N~mfhtnn asks thaL1b~ f':itv ar.t..tnJr,,}uir.~ ~st.ahlishment of a such a berm Immediately by the developer. When I walked the site last week with Mr Garroin, he indicated that this kind of remediation might be appropriate, provided it was consistent with environmental and regulatory considerations ThrlJlk you 1t11 YUUl \..VUJ t~sie$- Sincerely, PENDERGRASS AND KAUKL, INC , PS " OK lop I 2 - 0 4 - 9 7 1 I 1-13' AM POI City of Yelm 105 Yelm Avenue West POBox 479 Yelm. Washington 98597 (360) 458-3244 November 6, 1995 Mark Carpenter Landmark POBox 77 McKenna, WA 98558 Re Preliminary Plat Approval for Nisqually Estates Division I 1111!--~ f Dear Mr CarPent~rl .... On October 25, 1995 the Yelm City Council granted approval for the 60 lot residential Preliminary Plat for your property located on the north side of Hwy 507, south of Mill Road The following conditions of approval were set by the Council: (!) V~~ .\ \~ ^' ~v~' 1 The applicant shall contribute financially to the Five-Corners intersection improvement and/or the Y -2 Alternate Route as specified in the 1992 Yelm Comprehensive Transportation Plan. Contribution is based on the number of automobile trips generated by this site during the PM peak hour Total PM Peak hour trips proposed to travel through the Five-Comers intersection are 19 5 trips at $300 00 per trip = $5,85000 The 19.;5 trips reflect one-half of the cumulative impact from Nisqually Estates Divisions I and II to the S-corners intersection. The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement.) The applicant shall be responsible for site frontage improvements to SR 507 conforming to a modified urban arterial standard The modified urban arterial from the centerline will included a 6' left turn lane section, a 12' traffic lane and a 17' stormwater treatment swale. In addition a 10' utility easement will be provided. The site frontage improvements may include a transit stop and shelter The location of the transit stop will be determined at the time of improvements and will consider other applicable developments in the area.These improvements shall be deferred until other adjacent properties develop, so a single project can be implemented to avoid piece-meal construction. The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement.) * Ra)'ckd ~r 3 The applicant shall construct a right-turn lane, per Yelm Development Guidelines, for the north entrance. Prior to design and construction of a right-turn lane the applicant is required to execute a "Developers Agreement" with the Washington State Department of Transportation. 4 The applicant shall construct a right-turn taper, per Yelm Development Guidelines, for the south entrance Prior to design and construction of a right-turn taper the applicant is required to execute a "Developers Agreement" with the Washington State Department of Transportation. 5 A wetland area has been identified on the subject property and has been delineated by a professional wetland biologist using the Federal Manual for Identifvino and Delineatino Jurisdictional Wetlands (1989) The wetland has been classified using the Washington State Department of Ecology Wetland Ratino System for Western Washinoton (1993) The wetland boundaries and classification have been confirmed in the field by City of Yelm staff The wetland boundaries have been surveyed by a licensed surveyor in the State of Washington The western area of the site contains approximately 5,000 square feet of an eight acre wetland on the adjacent property to the west. The wetland has been rated as a Category II wetland. Pursuant to City of Yelm Ordinance 426, Interim Yelm Critical Areas Resource Lands, the buffer for a Category II wetland can be reduced to a minimum '25 feet from the standard 150 feet. A reduction to a 50 foot wetland boundary is allowed provided the wetland buffer remains in a separate tract (Tract F) and in private ownership as per the mutually agreed upon "Memorandum of Understands" (attached) between Sherril MacNaughton and Mark Carpenter and that the buffer be protected from human and domestic animal encroachment with a minimum six foot solid wood fence and the buffer vegetation is undisturbed 6 The developer agrees to mitigate impacts to the Yelm School District pursuant to Mitigation Agreement, file #9508210126 recorded in Volume 2443, Page 615 The developer has agreed to pay the School District $650 00 for each single family dwelling unit. 7 The applicant shall submit a Homeowners Agreement for the approval by the City The Agreement, at a minimum shall contain provisions for the homeowners joint ownership of Tracts A through 0 and L and authorize the homeowners association to assess and collect fees for the maintenance of the stormwater facilities and pedestrian easements. The Homeowners agreement shall be referenced on the face of the plat and recorded with the final plat. 8 Open Space, Tract E, shall be dedicated to Thurston County Parks Department. 9 A pedestrian easement between lots 1 and 2 and shown as Tract L on the face of the plat shall be held in common by the Homeowners Association. The pedestrian easement shall be six feet wide, signed, graveled and fenced along lot 1 and 2's property line. The fence shall be six feet in height, of solid material and setback 10 11 12. 13 14 15 18 19 20 21 I twenty feet from the public right-of-way. The homeowners association shall be responsible for the maintenance of the easement. Prior to final plat approval the applicant will execute a Boundary Une Adjustment with the adjacent property owner of NisquaUy Estates Div II, parcel #21725111301, to reflect the property lines as shown on the preliminary plat drawing. The applicant and the adjacent property owner to the west, Sherril MacNaughton, have a mutual agreement to fence the western property line down to Tract F and the eastern property line of Tract F Tract F shall be deeded as per the "Memorandum of Understand" between Ms. MacNaughton and Mark Carpenter The applicant shall comply with the agreement prior to final plat approval. The applicant shall secure a Highway Access Permit from the Washington State Department of Transportation (WSDOT) prior to final plat approval. WSDOT will only accept surface water runoff equal in quality and!qUantity to that of the predeveloped site Any additional surface water runoff generated, impacting State property, will require appropriate stormwater mitigation in accordance with the Department of Ecology's Stormwater Management Manual Final drainage report, calculations and design must meet the standards of the Yelm Drainage and Erosion Control Plan. The applicant shall secure from Thurston County, a Basic Trail Permit for ingress, egress and utilities across the Thurston County Yelm-Tenino Rail-Trail prior to final plat approval 16 The existing on-site sewage systems located on-site shall be abandoned per Article IV, Rules and Regulations of the Thurston County Board of Health Governing Disposal of sewage 17 The existing wells on~site shall be abandoned per Department of Ecology standards and documentation submitted to the Thurston County Health Department for review Water rights for the abandoned wells shall be dedicated to the City of Yelm Thurston County Health Department fees shall be paid prior to final plat approval. The project applicant shall design, per Yelm Development Guidelines, and extend the current Step Sewer line from Mill Road. The developer may enter into a latecomer's agreement for future connections into the Ime installed for the Nisqually Estates Div I project. The City has committed 30 ERU's to the applicant for the proposed project. The final plat map shall show the sewerage phasing plan. The project applicant shall design, per Yelm Development Guidelines, and extend the current water line from Mill Road. The developer may enter into a latecomer's agreement for future connections into the line installed for the Nisqually Estates Div project. 22. The applicant shall develop the Yelm-Tenino Trail corridor along their property frontage. The improvements shall consist of a 10 foot paved surface in the center of the 17 foot trail corridor Improvements shall meet Thurston County Rural Trail Section Standards (attached.) These conditions must be met prior to construction and/or final plat approval PLEASE RETAIN IN YOUR FILES, THIS LETTER CONSTITUTES APPROVAL OF THE PRELIMINARY PLAT ~ The Preliminary Plat approval was granted under Title 16 of the Yelm Municipal Code Pursuant to the requirements of Title 16, if construction has not substantially begun by October 21, 1998, the preliminary plat approval will expire at that time. Title 16 also contains the information on procedures' and requirements for Final Plat Approval. Copies of Title 16 are available at City Hall. If there are any question, please feel free to contact me at Yelm City Hall, 458-8408 Sincerely, J /I (f ~ IJtliJ/lC '/.-L/ LL~ Catherine Carlson J City Planner cc: Mark Carpenter Ken Garmann Shelley Badger Jerry Prock .....TTORNEYS AND COUNSELORS A"r LAW PENDERGRASS AND KAU,KL, INC., E S. SOIJTli HILt. rROF~SSlbNAI.. SQ,tJARE 11212 94th Avenue Ea"l Puyallup, Wasoinglon 98373 PHONE (206) 848-4MlI F '\X (206) 8'!1 li')O G. LEE PENDERGRASS DOUGLAS KAUKL 5629 FAXED 10-16-95 Reier to llIe: October 16. 1995 City of Yelm 103 Y elm Avenue West Post Office Box 479 Yelm Waslungtoo 98597 Reo Mr Mark Carpenter Preliminary Plat approval for Nisqual1y Estates DIV 1 (SUB-8149) Dear Ms. Carl.son. Please be advlsed that tillS tirm represents Ms. Sherrill MacNaughton who owns property contIg- uous to that of proponent Mark Carpenter Ms MacNaughton has revle\ved the recommendations of the Planmng CommIttee for the pre- Innmary plat and has approved such recommendatlOn at paragraph 11. Ms MacNaughton has no objection and recommends that the preliminary plat be accepted provided that the "Agree- ment" in described in paragraph 11 and attached hereto be Identlfied The" Agreement" betv..'een the proponent Mark Carpenter and Sherrill MacNaughton is enclosed for further reference. Ms MacNatighton asks that the prelimmary plat be approved wuh the proviso set forth ill the "Agreement" above refer.enced. If you have anyquestlons, please don't hesltat.e to c.ontact my office. Smcere!y, PENDERGRASS AND KAUKL, LNe , P S I . " f 'I /.' i ~~ " !. /' I j __ ~ it.~ " J V~' rc-'-- -' '~-_ " f'f 1 ., I' "r.... ~ .. !, I' ,(,(i! 't ! 'l " . i,/ {U./LJ l.,...C:-:::::--~ 'Y.:..;-::, _..~" ..... -'-"_ .. , ... ....... .............-.,.....) Douglas Kaukl (dJctated but not read) GLPskp Enclosure ce' Ms Sherrill MacNaughton OC165629 SLl \' \ \ r -- '\1 J ,.... /1'...... ~. ~ ' M:e:Mo.RAND.HM. OF .,UtIDIiRb"T ANDJNG RECElvElJ " . ", ' , By Fax~ . 1. M~RK .cA~ ~NrER i~ the "p:('oronen:.of Nis,g?aHy EStares Divi~ion J, a preliminary plat for ~ 6O-:'pt SU~YIS1?rt thnt ~s :Curt'entlf hf{1n~r P)J\Sl~eted by Ute CIty of Yelm Planning Comnuss3.on'vnder.' 1t,<4' filmg num~f SUB..8,'~4Q' :rSH~R1LL McNAUGHTEN owns real propcrt:ylOCate~r to. the We~ of-the .prqpo~:'1,{itt. 2. Tbe Gommon boundary' ot:the p1"Opert),i owned by .thep.art;i.es consistS in part of wetlands an.d .a.buffer area, deno.mitlat~ul'as; Tract:.}"{'otlthe'preliminary plat. M.cNAUGHTEN has expr~d C~nGems regaroiag th.e" pfaf S ,affect Q1): the wetlands nnd the general need for appropriate:<buffets~ between ~thlS'.l#gb..densl~deve}oRmc.ut in tbe:C1.ty and ti~e low density deveJoprnentreprese::)ted .byhe.r-property. In.-order to resolve these- com~erns, the parties have agreed. to the,:f.6Uowmg: ' (~) (0) (c) CA,RPR.l'{TER wiIil iU his. exrxms~,- .con$tru~t an 8' c...-.....<Jm- f encei comtl't;tlCmg at or about the northwest conlerof.tot 42." then :running southerLy to the north-most ;pnint of Tract, F" then l'urwi,nz ,along. the- easterly boundary of Tract F to the .SOtith~st comer of Tract F (.whichfs the.southwest comer of lot 25). CARPENTER 'wm transfer.'!-z;act P to .hlcNAUGHTEN by statutory wananty d~(t.for.the sol~ .cons.fdet:"4.uun' of ~'20i()(1$Z Closmg will occur at or before final dosing of the,SWe of 1\f~~AUGE:!ENTs",.p{'operty" at McNAUGHTEN's sole ,option. Shou{d. M<:NAUGBTEN ;emoy~ ~her property fr()m the market, the ,partieS, will .dose the Sale of Tr~ct FWltmn"sixt)' (60) days, Seller s.h.all prOY.lde 'a., .standard, form tItle, :poHcy ShOv.1flg. t-}tJe free anet clear of all encumbrances~ except reasonabJe and-customary, and'c);eeptJor conditioIl.~ and restrictlons on the final' plat not :lncD.!i.SisteoJ Wtth those, aontauied in the Yetm Planning Depi.Ul:ruent Staff Report dated October 1 t 1995 "M'CNAUGHTEN will Waiye any t'ltijec~ion.':l she may PO&'>ess to approval of the prelinnnary plat by the. Ye{m PltUl.i1mg 'Commission aud wilt recommend m writing to,ilie C(mu1tissioxnhat It:approv~ ,CARPENTER's proposed pre~l.mllary Pla~ -subject to amendment.ofH~ragra.ph 11 of the staff's proposed condItiOns to incorporate this Mel1loftlodum of Understandmg as the agreement referred to therei n. 3 AlrJlegotiatio~<; and'v.ndert?lOngst.y and uet\Veen,the parties.~cumng befo~e the d:it.c hereof are hereby merg.ed tn' th.l~ .agr~ment~ whJ~h ls';m~only. agreement of the. partles. Dated ~~ 13 ~y of Octo.bc!', 199j ~ M .' '.. ..' ENTEl{' '. -.- A _, " l-rP~tplt nosts, Set Incvncretc; three 2 x 4 cedar or treated cross - ~ - - . .. " COUNTY COMMISSIONeRS Judy Wil~)fl District One Di:.mc Oberque It Di~trict Two Dick Nicholl; District Three THURSTON COUNTY ..'....,....---.- -~-.. ..'.~I( SI'ICl! lS5Z PARKS AND RECREATION DEPARTNiENT \1ichae1 Welter Direc tor MEMORANDUM TO: Ca.thy Carlson City of Yelm FROM: Michael Welter ~, Director DATE: October 25, 1995 SUBJECT: Nisqually Estates Per our phone conversation earlier today, this correspondence will confirm that Mark Carpenter and Paul Steadman, developers of Nisqually Estates, met with me today to discuss issues concenung potential city required frontage improvements and how the county-owned Ye1m- Temno Trail might fit into the equanon, The meeting was very poSitive and resulted in the de.velopers agreeing to develop the trail corridor along the frontage of theIr property. This development would mean that a 17-foot trail corndor would be created, With a 10 foot paved surface in the center. This trail development will conform with the trail development standards of a Rural Trail Section as described on the attachment. The developers would not be reqUl.red to construct the equestrIan section of the trail corridor. This agreement is pre~hcated on the City of Yelm agreeing to this frontage improvement alternatlve and the requirement for bike lane, Sidewalk and landscapmg improvements along Highway 507 would be abandoned. Tlus altemative appears to be a win-win situation for the City, County and the developers. It will provide them a.f'1 opportumty to fulfill their respcnslblllnes for frontage improvements, while providing the City and County the beginnings to creating a valuable recreational trail asset. It will also set a precedence for further developments along the trail corridor and the value of the project may be able to be used as a part of a grant application for future development of the trail. The Department appreciates the City's consideration of this proposal and agreement. If you have any quesuons, please call me. I look forward to working out the fmal details in this matter with the City and developers. 2617.A 12th Ct., SW, Olympia, W~hingtun 98S02 (360) 786-5595 / FAX (360) 754.2956 TDD (360) 754-2931 &cycled Pa IO-25-3~ 04 30PM ?0Z rhe ~ural TraIl Sectlon is designed to respond to the need to provIae a counry~wlae tfaH ;orddar for non-motorized wheeled and pedestrian use while accommodadng the equestr;an demand found throughout the rural neighborhoods along the Corridor. It is composed of a . \ ten foot wide asp halt paved tm! , two foot unpaved shoulder (west\ four foot unpaved shoulder (east, runner's lane), variable width vegetated buffer (three foot width minimum) and a. three to five foot wIde equestrian trail. The equestrian lane will be widened in appropriate locations to provide for passing. Figure 7. Rural Trail Section I ;. II { 1.1 t- l c~ I . it ...~'" .~ ~-~ .. , ~{ 0'., .1 1'~i j ...\ it., ,j t....'"'- . ".:. \ - ,4 ti II " 'I .~ (- .01'\ : "!.I...l I I J I ~o<l"'" I /,;. ~~.Ih"''un-~ I~.. I :. \ $: I :' I .. J .~ I ] 1-...~: ~~ ",,""!rl ~~;fA , ..........:::U' ~ """'~ I - ~j i i.;.. -' ".,.., !,'-~' ( ] I i ! ~ """ I i - j 4 F'i i s: .. J ! - w ~~ c; ~ ';;' '" -~ - ~ 1; " ~ ~ ~\ 'li -,""1"l 'I IG-2~-~5 J~ :O?M P03 COUNTY C:OMMISSION[RS Judy Wil~on DGtnct One Diane Oberquell Di~tnct Two DiCk Nichub Disrrict: Three THURSTON COUNTY ....9~..II!ii!l~IIJiI.....lITa~1lfI SINCE 185~ PARKS AND RECREATION DEPARTMENT Michael Weller Director MEMORANDUM TO: Cathy Carlson City of Yelm FROM: Michael Welter ~ Director DATE: October 25, 1995 SUBJECT: Nisqually Estates Per our phone conversation earlier today, this correspondence will confirm that Mark Carpenter and Paul Steadman, developers of Nisqually Estates, met with me today to discuss issues concermng potential. city required frontage improvements and how the county-owned Ye1m- Tenino Trail might fit into the equation, The meeting was very positive and resulted in the developers agreeing to develop the trail corridor along the frontage of theIr property, This development would mean that a 17-foot trail corndor would be created, with a 10 foot paved surface 10 the center. This trail development will conform with the trail development standards of a Rural Trail Section as described on the attachment. The developers would not be requued to construct the equestnan section of the trail corridor. This agreement is predicated on the City of Yelm agreeing to this frontage improvement alternatlve and the requirement for bike lane, sidewalk and landscaping improvements along Highway 507 would be abandoned. ThIS alternative appears to be a win~win situauon for the City, County and the developers. It will provide them an opportumty to fulfill their responsiblhties for frontage improvements, while providing the City and County the beginmngs to creating a valuable recreational trail asset. It will also set a precedence for further developments along the trail corridor and the value of the project may be able to be used as a part of a grant application for future development of the trail. The Department appreciates the City'S consideration of this proposal and agreement. If you have any quesuons, please call me. I look forward to working out the final details in this matter with the City and developers. 2617./\ 12th Ct., ~W, Olympia, Wa:;hingltJIl 98502 (360) 786-'i595/ FAX (360) 754-29'i6 TDD (360) 754-2933 <I 'llt>cyded. Papi lO-~5-9~ 04 :OFM ?O= c' 'n The Rural TraIl Section 1S designed to respond to the need to provi'de a county~wide trail' corridor for non-motonzed wheeled and pedestrian use while accommodating the equestrian demand found throughout the rural neighborhoods along the Corridor It is composed of a ten foot wide asphalt paved trail, two foot unpaved shoulder (west), four foot unpaved shoulder (east, runner's lane), variable width vegetated buffer (three foot width minimum) and a three to five foot wlde equestrian trail. The equestrian lane will be wldened in appropriate locations to provide for pasSing. Figure 7. Rural Trail Section ~ ... . ~ ~ 'j..tll, "!,Ihl "0" :\.. ' .~ , II IJ ~ , ~< 1 c~ I . I-,~~.. ,......,.- - "'-<:1_ I ~ , . I "I'I I ,,~ ",,!"?r1 ~ r.H1S"":,,.. ; .,J;im ,"""~ I . ~jj i -''''''' .!'-:f j - 1" .'''''" '.~j. ;r".. . :~t\ r -'i. ',I:,1t_ ~ I I I v~.a~1'" I~ 1,1 I I I / I ~ r1fit.J/"~~tII'I '~u I . I I ~ I $. $' ] '"'= ~ ! ! F"'l 1." ,""j .-.'3. ~ ~-- '\ . :~ '1 ...~""r "- "l -- .;. ~ f.'~ J. ~ - ; t.... . l. ' ~i ~(. lO-2~-9~ iJ4 JOFM FO: ... 'I " " \; .. .. J ~ ..... II ., FENDE~G~H~~ HND ~HU~L ':'0E ~ 41 1 75~3 F . 01 .....'ITOftNEYS "fiI C(. UNSELOlLS AT lAW PENDERGRASS AND KAIJKL, INC., P.S. SOUTH HILL PRqmSIONAL SQUARE 11212 - 94th A...,...... ~8t Pl1yallup, Wa.hin&W~ 9G373 paONE (206) 6<W-4:i31 FAX (206) Ml-17SO G. LEEP1!:NDERCRASS DOUGl.Mi JIO....un Refer to file. bt.LdCj FACSIMILE COVER SHEET DATE. {(~JI (pi (( I'~)'- ( NUMBER OF PAGES BEING TRANSMIITEDINCLUDING GOVER SHEET' ~ PLEASE DELIVER THIS TRANSMISSION TO' t ,'1/"'". /,-1 c:, cc: ,~'~'Aj l1d.cL:il""l . ( AT FACSIMILE TELEPHONE NO, -:{~;i~) iif~34lFJ ';5' kc~ 4. ,( - '. <'I> "Y(~e-f f[tAi ~ (u/j:x'll1:r:c-t Y;erl"III.L77cd7auql7l-cr; FROM RE MESSAGE rv,.McOJc~d:5.e ~tl~ ~;II,~ +<<Vf::llf,/-aJ yeI's ~ r-'," \ . I, ~, / lh. .'" /l I .' ( ") ./. ' e 1" ;!..~, -" C "---1<.-1 '-I-fl C.) -tt;,.. ,,-,' '., ) . ' .," Corrin/( -;;f)l ~n.-I!leei('t5f sj;e; v ,/.. lC" 'J.. /":,,[, ./...-1 (,),(, ....). ' :d" rr::r~,t,~i'. ~..x.,. -- . '-.- ..', '," i I ..,. . ," _' ;,-0.hUtdk,~ , .IF YOU DO NOT RECEIVE ALL PAGES,PLEA$E CALL 848-4581. .d. ,_~~'~'~l"-'.'~~'?"".~~"'':''''~ NOTE: thiS docoMeot 00I'JWf1$ PAlVllEGEQ>ANO CONF1DENTlAl;,rnfotffi$~ ifl~. only for tMuS;-Ofiii-$adi::lI~~(s)-narned abdve~ If ')'00 aco.llOt 1ll$- iOlmKled reQptent of this ~.ITlile tf"~;, 0(. -~ .employee or 8!;J8fl;t responsi~ for derlVering it to the intMded Jecipierlt,)'Ou 316 hefoby~edthid any ~lrtattonOf ~;of ihle facsimile 1$ st,rlcUy prohibited. If yOU have reoetved this f8cs/mlle h'lAIlO(. ~ im~iatefynotifyt1SIJy~3rid fetumthe OOgloal~"1~ to uaatthe abovu addma via masl. ThMk you, . ~-~~~~~---=":~-~':;~';;'=":::=-=,,~.-""=-=::;:;='"';"~~;'''''''-';'''=.''---'~-'--:--_,=,~=-..==.=;..--",:~~~:",,,,".",,,,".---~- ." I I I 1 i;'::.-;:rr,":.:ll -I 1"3YM-'--p-ljl~ --... FENDEFGFH~~ HND ~HU~L ':'0E ~ 4 1 1 75~3 F . 01 A'l'T08NEY8 AND COUNSELORS ^T LAW PENDERGRASS AND KAUKL, INC.,P.S. SOUTH HILI. PROFF.SS10NAJ._ SQUAltE 1121,2 - 94th ^vcnu<! ~,~ l'uyal1up. W...hl,oglon93373 PHONE (206) M~..43al FAX (206) 841.1750 C, LEE PENDeRGRASS DOUGLAS KA.UKL AI _'lC; Refer to tile; ~ I FACSIMILIE, CQYfZ,R SHEET ,........, DATE /~li 'l. /~ 1/, fete; f ~~,'I ' VJ , / NUMBER OF PAGES BEING TAANSMITTEOINClUDING COVER SHEET 2- v- FROM PLEASE DELIVER THIS TRANSMISSION TO "I 117c/ ,f""fr:::,. ") J.;al'_~_~_Sk"f{(l ~:i:L~~",_ L#/ ;0<f515 '_'-I~' .' 1. . (. "'1t:1/. ,,- 1 ,: I ~C!. l.S::.4 7 (~ . 1 L I?J(j.f '-~ ((:'{l~ :Sil7 AT F ACSIMtLE TELEPHONE NO RE' MESSAGE 41, YJ,efril [m~9i lien %:t117 de k 5Wm, Itet:i. io_.JJ;e.. flao(}rrc; .(.aYJ/J?/'f5lcYl --.".,. -~:""" _.,,_...'.....-~_.,- ,,-....,:.....,"'.......................... . I'-'~-. "0.;-' ...- ',-" , -~~'-_..--,. '. .~-':"""'.,-'".~_........,,.. -~-,.- ';_. ".". .'....'....,........:...-...,.-.-.:-~ .IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL. 848-4581. .._"..,'.'.,.'.'.......__~~..;.---;--""'-----.-:-....~....".i.\',...\....:.....~.....,...~.,.....:...- , NOTE: This d~meot corrtaJns PRMl.eG~I\ND CQNF1OOOlAt,lnf9l'matlqniptefl<:le(:l only for th6 v$eofthe addressee($) named above,1f you are QQl ~ IlrtoodQd r8Qipftlnt 91, this 1~lniJ~ ~~SO'lissiim; ollh., ~~ Of aglW1fNPOOsible 10/' deliveting It 10 the Itlb;loded ~. you are Mreby ~ .thfitanydi~ or ~y1ng of ttJl~fac:&mileis SlJidIy prohibited. If you have (~thie facslR1j~ iil ~l ~ im~iatelynOtify ~$.by ~ _he1umthe OIigiM.I faci:i1Jl119 to uS at the alxMI address via mall. Thank you, . . ......'\.........."".........................................-,-,,.,.~~. 1 u 1 [, - ~ '=, 1 U _ ~ ."IvI F ,-, 1 .'\TTORI'IEYS AND COUN:~tLORS AT LAW PENDERGRASS AND KAUKL, INC., P. S. <;OlTTH HI!..J PROFFSSJONAl S(~lJARF 11212 94th Avenue EaRl Puvallup, Wa~hlnglnn 98'17'\ PHONF (206) ?,4iHJHl F '\X (20flliHl 17'10 G. LEE PENDER.GRASS DOUGLAS KAUKL 5629 fAXED 10-16-2~ Refer to lIIe: Octoher l6, 1995 City of Yelm 103 Yelm Avenue West Post Office Box 479 Yelm Waslungton 98597 Re M.r Mark Carpenter .Prelimmary Plat appwval for NlsquallyEstates DIV 1 (SUB-8149) Dear M~. Carbon Please be adv\sed that thiS firm represents Ms. Sherrill MacNaughton who owns property contIg- uous to that of proponent Mark Carpenter Ms MacNaughton ha~ reviewed the recommendations of tbe Plannmg CommIttee for the pre- limmary plat and :has approved such recommentJatlOn at paragraph 11 Ms MacNaughton has no objectIon and recommends that the prehminary plat he accepted provided that the ., Agree- ment" in described in paragraph 11 and attached hereto be Identified The" Agreement" between the proponent Mark Carpenter and Shenil1 MacNaughton is enclosed for further reference Ms MacNaughton asks that the prehnllnary plat be approved WIth the proviso set forWlll the "Agreement" above referenced. If you have any questlons, please don't hesltale to contact my office Smcerely, I, I ' )'. i' I ~ ~,,,.~ . . 'l / '.. /! ",: J Ji ,I, I , I' I ~ .v~ 'l j ,'" '.. \..... \., ~ "'-"\ ~I ,;t::... " '..... PENDERGRASS AND KAUKL, INC , P S ]"- "~ 1..1 ( , ~ 'vI ~ 1'-'.. --177]" .-,..- ," .., ,;~ - "'-'lI"':1":"~':" ~"'" ., ",- lr!U' \,~ ---::,---~ i " ,.' "'" ~,,' ........--.._.:. GLP skp Enclosure cc Ms Sherrill MacNaughton OC 165629 SL 1 '\' \ { ... ,'\', ,J (' .'\ DOllgla~ Kaukl (dwtated hut r~()t read) r- 't::.~r'i-:L.I E::..-f""':~'':;-~:-Ft-=;-='-A 1'''-.L..I-f~H .=. I"'-L- ~..- - ;:.0 ~-.J..-.L-I~ ....:.._.________.-..._-:.:::..-- RECEIVED ByFax~ 1> MARl-;. CARP ~NTER i~ thertoponemf)'f NlsquaHyEstates Divl~i()n I, a prebmmarv pl<lt for a 6O~'~1t sufxUvisioJ1~t is-c~j'rteni:ly hf1in~~~n~defed by the City of Yelm Planning Commlssu;>n:vnoer' lt$' flUng nUnIMf Sl.JB..~149' : SH~RRtLL McNAUGHTEN owns real propcrtylocate4: to tilt West {)f the ,prqpo~ vl;it. MliMORANOUM. (Jf~ 1 INJ?BRST ^NP~NG 2. Tbe GotlUUon omlnda,ry ,of the prOf)eC1:)'; qwned by ,thepmties C01JSlSt~ in part of wetlands an.d ,ahuffer area) denornrnatedas' 'tract.Fo.otl)e! preliminary plat. McNA UGHTEN has expres$ed concerns regaroingthe vlaf 9affe'rq <H} the wetlands llnd the general need for approprlat~ buffers between this l.iJgb~den5~ty de\~~lopn1imt 1t1 tbeCity and the low density (i,evelopment r~reseotedbyher prqpeny fu.'ord<:r tot~oIve these concerns, the parties have agreed to the f6Uowmg' (a) (b) CARPENTER win~a.t hi~ expcn~e.. ,can,stru~t ~n 8' ~r fence/ C01l1rocilcmg at ol'about tl1e northwest comerof.Lot 42.. tlw,n running ~outl1er{y to the north-roost pnmt of Tract F,tlten T'uuomgaiotlg .th~' easteriy boundary of Tract F to the SOtitb~st corn.er of Tract F (WhiGh is t1resouthwe..~ comer of lot 25), CARPENTI;R w.llttrarl,~fer ftJ.ctp to McNAUGHTEN by statutory warranty detxt for the: ;;ol~cons~def."4timt qf $20jOQ(l.Clusmg will occur at or before final <:lbsing of 'th~Shle,ofMcN:4ilJ(:latt;Nrs~.pfoperty, 31 McNAUGHTEN's sole oPtion. StlOtHd MI;:NAU!3,H,1eN remQX~ ,h,er property from tile market, the parties, wiBclbse the :Sale of Tfaf4~ .f withtn,six.ty (6Q) d~ys, Seller spall provide ~. standard, formtJUei 'polkyshowi.t1~, tide free and: clear of aU encumbrances, c:tcept teasortabJe Aoo,customw)\ arJQehCt:pt for conditions and restrictIOns on the final plat notlncon.~isteo.t W{th,t.hps~ OOllWJied m tUf; Yehn PlatUling Depmment StilffRCport dated Octj)~.J' 11; 1995 M'cNAUGHTEN will wswe any {~tij~qt10ns ~ne may possess to approval of the prelimlOJU'y plat by 'the Yehn lHann.lI)g 'Commlssion and will reCQmmend In writing to,th~ CortUl1issjon that ltappr<w~CARPENTER's proposed pte:h.Ptnary plat, .subject tn amertdntent Qt"Paragraph 11. of the stlff's proposed condltlOns to ihcoq>orate this Memof.tiodutti of Und~rst~ndmg as The agreement referred to thttein. 3 AlfnegoUatiQns and"nd.~1Jlg~Dyanq~)etwe.cn the parties occurnng befo~e the date ht.reof arebareby merged in. tb.1~ agr~Hlellt~\\(bkh IS th~ only agreetrtent of the parties. (c) Dated thh~ 13 day ()f October. 1995 ~~~~__ ._5Z~~~ M~ EN~ .. . S llRRll.,M<-W.iiGHEN ._,r-._:,_......~~-.~ ~ConstrAction 4 x 4 treated post.~, set jn'CpINr~t", three 2 x 4 ,cedar or treated cmss . ...-_.1- -'._--"",._.,...}."u-d~hoatds_. ATTORNEYS AND COUNSELORS AT LAW PENDERGRASS AND KAUKL, INC., ES. SOUTH HILL PROFESSIONAL SQUARE 11212 94th Avenue East Puyallup, Washington 98373 PHONE (206) 848-4581 FAX (206) 841 1750 G, LEE PENDERGRASS DOUGLAS KAUKL 5629 FAXED 10-16-95 ReIer to Ii Ie: October 16, 1995 CIty of Yelm 103 Y elm Avenue West Post Office Box 479 Yelm Washmgton 98597 Re Mr Mark Carpenter Prelimmary Plat approval for Nisqually Estates Div 1 (SUB-8149) Dear Ms Carlson Please be advised that this firm represents Ms Sherrill MacNaughton who owns property contIg- uous to that of proponent Mark Carpenter Ms MacNaughton has revIewed the recommendations of the Planmng CommIttee for the pre- hminary plat and has approved such recommendatIon at paragraph 11 Ms MacNaughton has no objectIon and recommends that the preliminary plat be accepted provided that the "Agree- ment" in described in paragraph 11 and attached hereto be identIfied. The "Agreement" between the proponent Mark Carpenter and Sherrill MacNaughton IS enclosed for further reference Ms MacNaughton asks that the preliminary plat be approved with the proVISO set forth in the "Agreement" above referenced. If you have any questIons, please don't hesitate to contact my office Sincerely, ~kp Enclosure ~s Sherrill MacNaughton OCl65629 SLI PENDERGRASS AND KAUKL, INC, P S ~K~ Douglas Kaukl ~ (dIctated but not read) STAFF RECOMMENDATION The City of Yelm Planning Department recommends approval of the preliminary plat application for Nisqually Estates Division I with the following conditions 1 The applicant shall contribute financially to the Five-Corners intersection improvement and/or the Y -2 Alternate Route as specified in the 1992 Yelm Comprehensive Transportation Plan Contribution is based on the number of automobile trips generated by this site during the PM peak hour Total PM Peak hour trips proposed to travel through the Five-Corners intersection are 19 5 trips at $300 00 per trip = $5,850 00 The 19 5 trips reflect one-half of the cumulative impact from Nisqually Estates Divisions I and II to the 5-corners intersection The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement.) 2 The applicant shall be responsible for site frontage improvements to SR 507 conforming to an urban arterial standard The site frontage improvements may include a transit stop and shelter The location of the transit stop will be determined at the time of improvements and will consider other applicable developments in the area.These improvements shall be deferred until other adjacent properties develop, so a single project can be implemented to avoid piece- meal construction The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement.) 3 The applicant shall construct a right-turn lane, per Yelm Development Guidelines, for the north entrance Prior to design and construction of a right-turn lane the applicant is required to execute a "Developers Agreement" with the Washington State Department of Transportation 4 The applicant shall construct a right-turn taper, per Yelm Development Guidelines, for the south entrance Prior to design and construction of a right-turn taper the applicant is required to execute a "Developers Agreement" with the Washington State Department of Transportation 5 A wetland area has been identified on the subject property and has been delineated by a professional wetland biologist using the Federal Manual for Identifvinq and Delineatinq Jurisdictional Wetlands (1989) The wetland has been classified using the Washington State Department of Ecology Wetland Ratinq System for Western Washinqton (1993) The wetland boundaries and classification have been confirmed in the field by City of Yelm staff The wetland boundaries have been surveyed by a licensed surveyor in the State of Washington The western area of the site contains approximately 5,000 square feet of an eight acre wetland on the adjacent property to the west. The wetland has been rated as a Category II wetland Pursuant to City of Yelm Ordinance 426, Interim Yelm Critical Areas Resource Lands, the buffer for a Category II wetland can be reduced to a minimum 25 feet from the standard 150 feet. A reduction to a 50 foot wetland boundary is allowed provided the wetland buffer remains in a separate tract (Tract F) and in the ovmcrship of the appooa ,that the buffer be protected from human and domestic animal encroachment with a . 'mum ~ foot solid 'k :SIX 5 . _h.J -:prrva:lQ O'\Jn-e..(s)c~ as rQ.r -t1.a- MlA~tl~ ~U4'l UfH--- \\ t'Vl.RvYlDrcu\ClarYl ef UY\(,W~+z:trr>{1 Y'l)( JiL-rw'kf\"sh<Ut/ I 1/ViL:. vp.U,g A-hf' t WllUl /( Carpe rn--er- 6 7 wood fence and the buffer vegetation is undisturbed The developer agrees to mitigate impacts to the Yelm School District pursuant to Mitigation Agreement, file #9508210126 recorded in Volume 2443, Page 615 The developer has agreed to pay the School District $650 00 for each single family dwelling unit. The applicant shall submit a Homeowners Agreement for the approval by the City The Agreement, at a minimum shall contain provisions for the homeowners joint ownership of Tracts A through D and L and authorize the homeowners association to assess and collect fees for the maintenance of the stormwater facilities and pedestrian easements The Homeowners agreement shall be referenced on the face of the plat and recorded With the final plat. 8 Open Space, Tract E, shall be dedicated to Thurston County Parks Department. 9 A pedestrian easement between lots 1 and 2 and shown as Tract L on the face of the plat shall be held in common by the Homeowners Association The pedestrian easement shall be six feet wide, signed, graveled and fenced along lot 1 and 2's property line The fence shall be six feet in height, of solid material and setback twenty feet from the public right-of-way The homeowners association shall be responsible for the maintenance of the easement. 10 Prior to final plat approval the applicant will execute a Boundary Line Adjustment with the adjacent property owner of Nisqually Estates Div II, parcel #21725111301, to reflect the property lines as shown on the preliminary plat drawing 11 The applicant and the adjacent property owner to thil west, Sherril MacNaughton, have a mutual agreement to fence the western property line t;'10 Tract F and the eastern property line of Tract F Tract F shall be deeded, to Ms. MacNauglltol biPU11 fir lal plat. The applicant shall comply with the agreement prior to final plat approval t?i-c ru 11-e. "me../IJ1orcttvduvn trf- Lt Vldtr~-h,hP{' ~ ~t'2n ik- 2 F..-'f1e5. The applicant shall secure a Highway Access Permit from the Washington State Department of Transportation (WSDOT) prior to final plat approval 12 13 WSDOT will only accept surface water runoff equal in quality and quantity to that of the predeveloped site Any additional surface water runoff generated, impacting State property, will require appropriate stormwater mitigation in accordance with the Department of Ecology's Stormwater Management Manual 14 Final drainage report, calculations and design must meet the standards of the Yelm Drainage and Erosion Control Plan 15 The applicant shall secure from Thurston County, a BaSIC Trail Permit for ingress, egress and utilities across the Thurston County Yelm-Tenino Rail-Trail prior to final plat approval 16 The existing on-site sewage systems located on-site shall be abandoned per Article IV, Rules and Regulations of the Thurston County Board of Health Governing Disposal of sewage 6 17 The existing wells on-site shall be abandoned per Department of Ecology standards and documentation submitted to the Thurston County Health Department for review 18 Water rights for the abandoned wells shall be dedicated to the City of Yelm 19 Thurston County Health Department fees shall be paid prior to final plat approval 20 The project applicant shall deSign, per Yelm Development Guidelines, and extend the current Step Sewer line from Mill Road The developer may enter into a latecomer's agreement for future connections into the line installed for the Nisqually Estates Div I project. The City has committed 30 ERU's to the applicant for the proposed project. The final plat map shall show the sewerage phasing plan 21 The project applicant shall design, per Yelm Development Guidelines, and extend the current water line from Mill Road The developer may enter into a latecomer's agreement for future connections into the line installed for the Nisqually Estates Div I project. Submitted by, Catherine Carlson City Planner Date lo-,/I/Yc; Attachment 7 ..:::::.:::::::::;;:;:;. ::;::::;:::;:::::::::;;;' .:.;.:.;.:.:.;.:.:.:.:.: ::;::;::;;;:::::::;::;;. t . 1'.,..,... ............,..... 11- ~.- ct I R/W ('\ I v 54.' > c= JJ - ,.,., - s:: - 6 16' - , ," - z -< - -, -< -l ,- AJ AJ > > > z -" -" -" .." i'l n n AJ r r Vl > > - Z Z AJ -" ,-" 'J 1~,~iES '-' n > - n -ci J 10% l0 MAX I 2% --=-- c z , / LCEMENT CONC ROLLE0 CURB ,l"ND GUTTE:;; GEi',JERAL i\JOTES 1 "ON STREET" =ARKING PERMITTED 2 REFER TO RELEVANT SECTIONS OF THE DEVELOPMENT GUiDELINES FOR ADDITIONAL INFORMA TION ON STORM DRAINAGE, STREET LIGHTING, PAVEMENT STRUCTURE, ECT DG4-8A,DWG . . . I .1 R/W 10' ,.,., > - ~ ~ 5' 15' :;: 1= S'2 =< ~ 6 I -i > r'l z::;;: VARiES g ~I Vl ;:j U n > - Q - ~ '-' z ell Y OF YEUv1 DEPT OF PUBLIC WORKS S IREETS OUTSIDE C B D LOCAL ACCESS RESIDENTIAL APPROVED Dwe NO DATE I 4- SA CKD I DATE s-c 11/27/94 PUBLIC WORKS DIRECTOR DES. DWN s-c s-c . ~ ~tuo6 ItfJtrr! ~ubl11r1fe{/ 'I;; P (! ~/7 IO-/fp YELM PLANNING DEPARTMENT STAFF REPORT NISQUALLY ESTATES DIV I (SUB-8149) DATE OF STAFF REPORT October 11,1995 DATE OF PLANNING COMMISSION PUBLIC HEARING October 16,1995 Backqround The City receIved an application for Preliminary Plat for a 60 lot single family subdivision on July 17, 1995 Since that time, the City has been working with the proponent on the application Basic Facts Proponent. Mark Carpenter Landmark 2205 116th St. S Tacoma, WA 98444 Proposal Preliminary Plat for a 60 lot single family subdivision Public Notice Notice of the Public Hearing was published In the Nisqually Valley News on October 5, 1995 and posted in public areas including the project sIte on October 3, 1995 The notice was mailed to adjacent property owners on October 3, 1995 Notice was mailed to the Planning Commission mailing list on October 11, 1995 Tax Parcel 21725111300 Location The northwest side of SR 507, just south of Mill Road Size 15+ acres Existing Land Use Single family residential Zoning Low Density Residential District (R-4), Yelm Municipal Code, Title 17, Chapter 1712 Area Land Use North - Golf Course/Open Space South - Single family residential and vacant. East - Single family residential and vacant. West - Single family residential Critical Areas Sensitive Aquifer and Wetland A wetland area has been identified on the subject property and has been delineated by a professional wetland biologist using the Federal Manual for IdentifvinQ and Delineatinq Jurisdictional Wetlands (1989) The wetland has been classified using the Washington State SOils and Geology Topography Air Quality Traffic r , Department of Ecology Wetland RatinQ System for Western WashinQton (1993 ) The wetland boundaries and classification have been confirmed in the field by City of Yelm staff The wetland boundaries have been surveyed by a licensed surveyor in the State of Washington The western area of the site contains approximately 5,000 square feet of an eight acre wetland on the adjacent property to the west. The wetland has been rated as a Category II wetland Pursuant to City of Yelm Ordinance 426, Interim Yelm Critical Areas Resource Lands, the buffer for a Category II wetland can be reduced to a minimum 25 feet from the standard 150 feet. A reduction to a 50 foot wetland boundary is allowed provided the wetland buffer remains in a separate tract and in the ownership of the applicant, that the buffer be protected from human and domestic animal encroachment with a minimum eight foot solid wood fence and the buffer vegetation is undisturbed Spanaway gravelly sandy loam, Everett very gravelly sandy loam and Mukilteo muck. Rolling with an approximate slope of 15% along the westerly property line The proposed project should not substantially affect the air quality The Preliminary Plat drawing proposes an internal loop road system connecting Nisqually Estates Division I & II, with one ingress/egress location for each dIvision The current interior street standard applicable for this proposal is residential local access which requires a 54" right-of-way (cross section attached) A Traffic Generation and Trip Distribution Analysis was prepared by Heath and Associates Because of the possible cumulative traffic impacts from Nisqually Estates Division I and Division II, the study analyzed the proposed projects as being built concurrently Based on the ITE manual it is estimated that the proposed projects will add 127 new vehicle trips during the p m peak hour Of these 127 trips, approximately 83 trips will enter and 45 will exit the project site during the p m peak hour The analysis estimated that 31 % of the traffic from the project IS expected to go through the "five-corners" intersection, representing 39 vehicles trips in the p m peak hour The analysis identified the following mitigation necessary to reduce the threshold of the traffic impacts 1 The applicant shall contribute financially to the Five-Corners intersection improvement and/or the Y -2 Alternate Route as specified in the 1992 Yelm 2 , . Comprehensive Transportation Plan Contribution is based on the number of automobile trips generated by this site during the PM peak hour Total PM Peak hour trips proposed, for Nisqually Estates Div I, to travel through the Five- Corners intersection are 19 5 trips at $300 00 per trip = $5,850 00 The 19 5 trips reflect one-half of the cumulative impact from Nisqually Estates Divisions I and II to the 5-corners intersection The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement.) 2 The applicant shall be responsible for site frontage improvements to SR 507 conforming to an urban arterial standard The site frontage improvements may include a transit stop and shelter The location of the transit stop will be determined at the time of improvements and will consider other applicable developments in the area These Improvements shall be deferred until other adjacent properties develop, so a single project can be implemented to avoid piece-meal construction The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement.) 3 The applicant shall construct a right-turn lane, per Yelm Development Guidelines, for the north entrance 4 The applicant shall construct a right-turn taper, per Yelm Development Guidelines, for the south entrance Open Space Pursuant to Title 16 14 of the Yelm Municipal Code open space requirements for a single family residential subdivision shall be equal to or greater than five percent (5%) of the net built area. The net buildable area of the proposed project is 9 5 acres, therefore requiring a minimum 0 48 acres of minimum open space The project proponent has proposed a total of 1 14 acres of open space in addition to the Tracts dedicated for stormwater use The stormwater/open space tracts are comprised of' Tract A * - Stormwater/open space Tract B* - Stormwater/open space Tract C* - Stormwater/open space Tract D* - Stormwater/open space Tract E** - Open Space/Trail * Possible combination of stormwater and open space Will be determined by the final drainage and erosion control plan ** 1 14 acres, which satisfies the open space requirement of 5% (048 acres) of the net buildable acreage Tracts A - D are proposed to be dedicated to the Homeowners association who shall be responsible for the maintenance of the stormwater facilities Tract E encompasses the Burlington Northern railroad corridor which is a link in the Thurston County, Yelm-Tenino Rail-Trails corridor Therefore, for the long term 3 Solid Waste Wastewater' Water Supply Stormwater' Power and Energy Noise Disaster Risks Fire Protection Police Protection use and maintenance of Tract E, it is proposed that this tract be dedicated to Thurston County Parks Department. LeMay Garbage Service City of Yelm STEP sewer system The project applicant will need to design and extend the current line from Mill Road The developer may enter into a latecomer's agreement for future connections into the line installed for the Nisqually Estates Div I project. The City has committed 30 ERU's to the applicant for Phase I of the project. City of Yelm The project applicant will need to design and extend the current line from Mill Road The developer may enter Into a latecomer's agreement for future connections Into the line installed for the Nisqually Estates Div I proJect. In compliance with the Yelm standards, A Preliminary Drainage and Erosion Control Plan has been submitted to the City Final design shall be comply with the Yelm Drainage and Erosion Control Manual Puget Power During daytime hours noise is expected to be average for residentIal area Dunng nighttime hours noise IS expected to be low Low Thurston County Fire District #2 City of Yelm APPLICABLE STANDARDS AND POLICIES State Law' The proposal has conformed to all applicable State laws State Environmental A Mitigated Determination of Non-Significance was issued on September 19, Policy Act (SEPA) 1995 The comment period expired on October 3, 1995 There were no objections to the proposal or mitigation In the comments received Comprehensive Plan Yelm MunIcipal Code Development and Design Standards The Comprehensive Plan designation for the site is Low Density Residential, (R- 4) This proposal conforms with the R-4 District intent and requirements ThiS Project shall conform to the City's Municipal Code and Development Standards The proposal is in compliance with the City of Yelm Development Guidelines 4 STAFF RECOMMENDATION The City of Yelm Planning Department recommends approval of the preliminary plat application for Nisqually Estates Division I with the following conditions 1 The applicant shall contribute financially to the Five-Corners intersection improvement and/or the Y -2 Alternate Route as specified in the 1992 Yelm Comprehensive Transportation Plan Contribution is based on the number of automobile trips generated by this site during the PM peak hour Total PM Peak hour trips proposed to travel through the Five-Corners intersection are 19 5 trips at $300 00 per trip = $5,850 00 The 19 5 trips reflect one-half of the cumulative impact from Nisqually Estates Divisions I and II to the 5-corners intersection The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement.) 2 The applicant shall be responsible for site frontage improvements to SR 507 conforming to an urban arterial standard The site frontage improvements may include a transit stop and shelter The location of the transit stop will be determined at the time of improvements and will consider other applicable developments in the area. These Improvements shall be deferred until other adjacent properties develop, so a single project can be implemented to avoid piece- meal construction The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement.) 3 The applicant shall construct a right-turn lane, per Yelm Development Guidelines, for the north entrance Prior to design and construction of a nght-turn lane the applicant is required to execute a "Developers Agreement" with the Washington State Department of Transportation 4 The applicant shall construct a right-turn taper, per Yelm Development Guidelines, for the south entrance Prior to design and construction of a right-turn taper the applicant is required to execute a "Developers Agreement" with the Washington State Department of Transportation 5 A wetland area has been identified on the subject property and has been delineated by a professional wetland biologist uSing the Federal Manual for Identifyinq and Delineatinq Jurisdictional Wetlands (1989) The wetland has been classified using the Washington State Department of Ecology Wetland Ratinq System for Western Washlnqton (1993) The wetland boundaries and classification have been confirmed in the field by City of Yelm staff The wetland boundanes have been surveyed by a licensed surveyor in the State of Washington The western area of the site contains approximately 5,000 square feet of an eight acre wetland on the adjacent property to the west. The wetland has been rated as a Category II wetland Pursuant to City of Yelm Ordinance 426, Interim Yelm Critical Areas Resource Lands, the buffer for a Category II wetland can be reduced to a minimum 25 feet from the standard 150 feet. A reduction to a 50 foot wetland boundary is allowed provided the wetland buffer remains in a separate tract (Tract F) and in the ownership of the applicant, that the buffer be protected from human and domestic animal encroachment with a minimum eight foot solid 5 wood fence and the buffer vegetation is undisturbed 6 The developer agrees to mitigate impacts to the Yelm School District pursuant to Mitigation Agreement, file #9508210126 recorded in Volume 2443, Page 615 The developer has agreed to pay the School District $650 00 for each single family dwelling unit. 7 The applicant shall submit a Homeowners Agreement for the approval by the City The Agreement, at a minimum shall contain provisions for the homeowners joint ownership of Tracts A through D and L and authorize the homeowners association to assess and collect fees for the maintenance of the stormwater facilities and pedestrian easements The Homeowners agreement shall be referenced on the face of the plat and recorded with the final plat. 8 Open Space, Tract E, shall be dedicated to Thurston County Parks Department. 9 A pedestrian easement between lots 1 and 2 and shown as Tract L on the face of the plat shall be held in common by the Homeowners Association The pedestrian easement shall be six feet wide, signed, graveled and fenced along lot 1 and 2's property line The fence shall be SIX feet in height, of solid material and setback twenty feet from the public right-of-way The homeowners association shall be responsible for the maintenance of the easement. 10 Pnor to final plat approval the applicant will execute a Boundary Line Adjustment With the adjacent property owner of Nisqually Estates Div II, parcel #21725111301, to reflect the property lines as shown on the preliminary plat drawing 11 The applicant and the adjacent property owner to the west, Shernl MacNaughton, have a mutual agreement to fence the western property line up to Tract F and the eastern property Ime of Tract F Tract F shall be deeded to Ms MacNaughton upon final plat The applicant shall comply with the agreement prior to final plat approval 12 The applicant shall secure a Highway Access Permit from the Washington State Department of Transportation (WSDOT) prior to final plat approval 13 WSDOT will only accept surface water runoff equal In quality and quantity to that of the predeveloped site Any additional surface water runoff generated, impacting State property, will require appropriate stormwater mitigation in accordance with the .Department of Ecology's Stormwater Management Manual 14 Fmal drainage report, calculations and desIgn must meet the standards of the Yelm Drainage and Erosion Control Plan 15 The applicant shall secure from Thurston County, a Basic Trail PermIt for ingress, egress and utilities across the Thurston County Y elm- T enino Rail-Trail prior to final plat approval 16 The existing on-site sewage systems located on-site shall be abandoned per Article IV, Rules and Regulations of the Thurston County Board of Health Governing Disposal of sewage 6 , . 17 The existing wells on-site shall be abandoned per Department of Ecology standards and documentation submitted to the Thurston County Health Department for review 18 Water rights for the abandoned wells shall be dedicated to the City of Yelm 19 Thurston County Health Department fees shall be paid prior to final plat approval 20 The project applicant shall design, per Yelm Development Guidelines, and extend the current Step Sewer line from Mill Road The developer may enter into a latecomer's agreement for future connections into the line installed for the Nisqually Estates Div I project. The City has committed 30 ERU's to the applicant for the proposed project. The final plat map shall show the sewerage phasing plan 21 The project applicant shall design, per Yelm Development Guidelines, and extend the current water line from Mill Road The developer may enter into a latecomer's agreement for future connections into the line installed for the Nisqually Estates Div I project. Submitted by, Catherine Carlson City Planner Date Attachment 7 .1111111111111111111// / / / / / / i Intercity r r BJ IIlJ sit Wednesday, August 09,1995 526 Pattison Sf PO Box 659 Olympia, WA 98507-0659 (360) 786-8585 FAX (360) 357-6184 CathIe Carlson CIty Planner CIty of Yelm Planmng Department PO Box 479 Yelm, W A. 98597 RE. YEL95-8150 NIsqually Estates Dear CathIe. Thank you for the opportumty to particIpate in the reVIew process for this project. ThIS letter comes to offer IntercIty TransIt's comments on the pedestnan and transIt elements of Nisqually Estates IntercIty TransIt operates two-hourly service wIth the 92 route on SR 507 At thIS time we are not planning to devIate mto the development to provIde servIce, but wIll contmue to operate along 507 To facilitate transit usage by resIdents of NIsqually Estates, we would lIke the developers to include a passenger shelter and pad approximately halfway between the two entrances to the development. Our Stops and Zones SupervIsor, Dane Clay IS available to assist WIth actual sItmg of the pad and shelter I would also lIke to make some suggestions to Improve pedestrian accessibIlity throughout the development. The inclusIOn of pedestrian path easements between lots in a loop development such as thIS one can do a lot to encourage walkmg I suggest mcluding easements between lots 1 and 2, 19 and 20, and 83 and 84 to provIde duect connections to the trail and to the tranSIt stop on SR 507 AddItionally, an easement between lots 32 and 33 would proVIde access to the adjacent wetland, If that IS intended to be publIc open space, one between 65 and 66 would proVIde access to the golf course, If that is desirable, and an OJ o 1 easement between lots 93 and 94 and 111 and 112 would provide a way for people to walk more directly from the cuI de sac to the easement between lots 1 and 2 and out to the traIL I hve in a loop development that includes these easements and people use them a lot. They are marked on the sIdewalk m yellow pamt, so people know where to go Thank you agam for the opportunity to offer mput. Please call If you have any questions Sincerely, Oa~ +\a0eA~ J~: Haven Planner /Pohcy Analyst Copy" Dane Clay, Stops & Zones SupervIsor August 2, 1995 City of Yelm 105 Y elm Avenue West P.O. Box 479 Yelm, Washington 98597 ",' Attention Cathie Carlson Dear Cathie' The following letter is in response to the proposed development at the project location of the NW side of SR 507, South of Mill Rd ,Case Number' SUB/MPD-8150 SUB 8149 My non-objection to the proposed project is conditional upon two items. 1 That the buffer as shown on the attached plat map be deeded to me at the approval of the final plat,and 2 That an eight foot solid wood fence be constructed on the applicant's side of the property line with construction costs to be paid by myself, but with responsibility for maintenance of the fence to be those of Mark Carpenter and his homeowner's association, in perpetuity Sincerely, Sherrill MacNaughton 15009 Highway 507 S E Yelm, WA 98597 1-360-458-7575 l' ,::::.-' r-d; IE':' :\ L c"\ ~. ,i ! r""" l: Lf Ii [\\ r P,UG - 11995 \;, ~I 1:1,) , ~r "I , I /~r~ -"I, rA.re/ ~A--.J ~ ~_ .yo ~ /? ~~ ill Washington State Department of Transportation Sid Morrison Secretary of Transportation Olympic Region Headquarters 5720 Capitol Boulevard Tumwater POBox 47440 Olympia, WA 98504-7440 (360) 357,2600 Fax (360) 357-2601 August 1, 1995 Ms CathIe Carlson CIty of Yelm 105 Yelm Avenue West POBox 479 Yelm, W A 98597 SR 507, :MP 27 32, Lt. Vic Nisqually Estates DIvISIOn 1 & 2 E C File No 94473-T Case No SUB/MPD-8150, SUB8149 Dear Ms Carlson, We have receIved and revIewed the above proposal and have the followmg comments The Department requests the opportumty to reVIew a traffic report for thIS development. The report should examme traffic movements on the OpposIte SIde of the hIghway and match other access locatIOns With state laws, ReVIsed Code ofWashmgton (RCW) 4750 and Washmgton AdmmIstratIve Code (WAC) 468-51 and 468-52, the Department has establIshed an Access Control ClassIficatIOn System to the State Highways to proVIde and mamtam a safe and effiCient transportatIon system. The Department has classIfied tlus sectIOn of SR 507 as a Class 2 Controlled Access FacilIty Class 2 lughways reqUIre that "pnvate dIrect access to the state hIghway system shall be permitted only when the property has no other reasonable access to the general street system" Because thIS parcel does not appear to have access to a county or CIty street and the property frontage exceeds one thousand three hundred twenty feet the Department may conSIder grantmg two access connectIOn permIts However, the traffic report must show that the addItIonal access will not adversely affect the deSIred functIOn of the state hIghway m accordance WIth operatIon of the state hIghway Smce It appears that the CIty of Yelm dId not annex the state route, the Department of /} TransportatIOn has JunsdIctIOn regardmg the access connectIOn(s) We are attachmg an V-)&t'>^ Ael-, - applIcatIOn form for an access connectIOn permIt(s) to the proponent's copy of thIS letter Prtlfl-C It IS antICIpated that tlus will be a Category II (1,000 to 1,500 AWDVTE) and Fee per .rrOQ)}fU) addItIonal connectIOn pomt (total of$1,750) The average weekday vehIcle tnpends DtyY , ~ (A WDVTE) can be determmed from a traffic report (AntICIpate 120 lots tImes 10 C}'\,,t-L. ~ tnps/each smgle family reSIdence equals 1200 A WDVTE) ~) M .?t#l " CIty of Yelm August 1, 1995 Page 2 The Washmgton State Department of TransportatIOn will only accept surface water runoff equal m qualIty and quantity to that of the predeveloped sIte Any addItIonal surface water runoff generated will reqUIre appropnate stormwater mItIgatIOn m accordance wIth the Department of Ecology's Stormwater Management Manual In addItIOn, the Department requests the opportumty to reVIew the dramage plans and supportmg calculatIOns pnor to Issuance of any sIte development permIt AdvertIsmg sIgns vIsible from an adjacent State Highway must comply wIth the State Scemc Vistas Act of 1971, which IS admmIstered by the Department For mformatIon regardmg the sIgnmg regulatIOns, contact Jack SmIth m the OlympIc RegIOn Traffic OperatIOns office at (360) 357-2620 The Department will not be responsible for nOIse attenuatIOn, The proponent bears responsibilIty of nOise and land use compatibIlIty The development should be planned, desIgned and constructed m such a way that nOise Impacts are mmImIzed. Thank you for the opportumty to reVIew the above proposal. Ifthere are any questIons regardmg our comments, please contact Forest Sutmiller at (360) 357-2623 or John Hemleyat (360) 357-2709 Smcerely, T~PE TransportatIOn Plannmg Engmeer TDR, FDS Attachments cc C Hornbuckle N WillIams Paul Steadman / POBox 64345 / Tacoma, W A 98466 Denms Cochran, P E / 2626 12th Court SW / OlympIa, W A 98502 COUNTY COMMISSIONERS Judy Wilson District One Diane Oberquell District Two Dick Nichols District Three THURSTON COUNTY .\~~....;--~_..--.-~. SINCE 1852 DEVELOPMENT SERVICES July 27, 1995 CIty of Yelm Attn. CathIe Carlson POBox 479 Yelm, W A 98597 SUBJECT SUB/MPD-8150, SUB8149 Development ServIces has receIved your notIce and request for comment on the above- referenced cases We would lIke to make one comment. We recommend that the development provIde a road stub to the western boundary A likely locatIOn would be between Lots 27 and 28, dIrectly OpposIte a cul-de-sac road that extends to the east. A road stub m thIS locatIon would provIde access to adjacent propertIes that may want to develop and could lead to an eventual road connectIOn to George Road. ThIS stub for adjacent development seems practIcal gIven Thurston County Parks' reluctance to grant addItIonal road crossmgs of the Railroad Trail. Thank you for the opportumty to comment. If you have any questIOns, please call me at 754-4023 ROBERT SMITH--ASSOCIATE PLANNER RS: 5S \p I anning\l etters \yelm, r5 Building & Fire Safety / Permit Assistance Center / Planning 2000 Lakeridge Drive SW, Olympia, Washington 98502-6045 (206) 786-5490 ,"-': " '~,~ ,~:' ,<:..~ ~t:;~~~:'l~ ~~.~~;1::~~\7"" '~:::~"'N/"\":'~~_~' ....' ......... '1 ~ =:; ,~~:";;':,;.~,....,:",,,,,,,,,,...,,,,..,.,. . . u_~'" .~." ,,':\'!'"::. __"J,oI,;i';.l~:: _..".,..l..------.u-n--""........,-~,,- ~"",,'A,",u - "-~ (N , T I I I I I I I I RIE~ W.M@ -- ......... "'T- -I-t- I T I I (A) ~-1~ 11-1301 11-13 t ~.c:", ""\, c.. <<=. L.. 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',,{V' ...:><<::-~e:-~..jP- o C.OL}~S~ " S'"=' ~=\. \5\ COO 0' co. r"""""""''''''''''''''''' .......J H.-w!J)~ EqLJ\~^=~"T'"' "- usee> , t-..A~D\a."--l.. '=\ =, S '''''fl . '\lr'Yoy mad.J by mo or unckr my dlToctkm roquir....""t. of the SlIrvoy R&<ordi"9 Act .t the ,=?'CE,p.,D"0""'\--.'" sT,F')L,. \ /! ~1""" t <<./.-(.(/"P 6(~~~'("" L~,~\e. sC\O-1USTM~ <;:::=~ P~\""l \-. STEJ:\O\\-A.,,""-1 faT: ~L. I\.J p~o >==='<=S5\="-JoC:>.'-- \ =<:0 C, i~ S\'" .... ( ",='--1 SURvn-OR'S CERTIFICATE \<;-- -.J~~E.5 ~~,-(E 4S8-\5\'=> , &WN BY I DA~~ YeJrn lelephone -COmpany Communications for tooay & tomorrow July 25,1995 Department of Commnunity Development Cathie Carlson, Planner PO Box 479 Yelm WA. 98597 RE: Case Number: SUB/MPD-8150 + ::su..B 8,111 Dear Ms. Carlson: We have revlewed the above mentioned plat and have the following comments: 1) We request that utility Easements be included ln the ingress and egress easements. I 2) Yelm Telephone Company will provide service to the subdivlsion as stated ln our tariffs a~ flled with the Public utilities Commission. I If you have further questions or desire further information please feel free to contact me at (206) 458-5343 Sincerely, U~b Wally W purdun Faclllti s Engineer 106 Second Street S,E, 0 PO, Bo 593 Yelm, WA 0 98597 0 (206) 458 2171 A subsidiary of COMERCO, INC COUNTY COMMISSIONERS Judy Wilson District One Diane Oberquell District Two Dick Nichols District Three THURSTON COUNTY .',,~~~....=--~-,,--,-~. SINCE 1852 PARKS AND RECREATION DEPARTMENT Michael Welter Director July 25, 1995 Cathie Carlson CIty of Yelm POBox 479 Yelm, W A 98597 RE. Nisqually Estates - DIvision II SUB/MPD-8150 SUB-8149 Dear Ms. Carlson: Thank you for the opportunity to provide comments on the Preliminary Plat ApplIcation submitted by Paul Steadman and Mark Carpenter for Nisqually Estates II. The department has no particular concerns regarding the proposed development in the City of Yelm. The applicant is, however, required to apply for and be granted a Basic Trail Permit for 111gress, egress and utilIties across the department-owned Yelm-Temno Rail-Trail (old abandoned Burlington Northern Railroad comdor) The permit request will be evaluated 111 accordance with the Thurston County Trail Use PermIt PolIcIes as adopted by the Board of County CommlsslOners 111 December, 1994. This should be noted as a condItion of plat approval by the City The applIcants have already completed and submitted an applIcation for the reqUlred permIt and preliminary discusslOns have occurred between the applIcants and department concerning processmg the permit application. If you have any questions, please call me at 786-5595 Best regards, ~ ichael Welter Director 26I7-A 12th Ct., SW, Olympia, Washington 98502 (360) 786-5595/ FAX (360) 754-2956 TDD (360) 754-2933 * Recycled Paper KEVIN J O'SULLIV AN Assessor THURSTON COUNTY .\...~~--=--~_..--...~. OFFICE OF THE ASSESSOR SINCE 1852 MEMORANDUM DATE July 25, 1995 TO CATHIE CARLSON - CITY OF YELM - PLANNING DEPT FROM. MARLENE POOL - PROPERTY CONTROL/CARTOGRAPHY SUPRV RE NISQUALLY ESTATES DIV 1 & DIV 2 1 I do not have comments, and approve of thIS project as submItted. SIgnature- 2 My comments/recommendatIOns are as follows On the proposed map, the dark lme mdIcatmg the separatIOn between the two dIvISIOns, doesn't correspondence WIth the eXIstmg boundanes between the two parcels and owner- ShIpS Is there a planned boundary lme adjustment before the plat IS finalIzed? No other comments at thIS tIme, untIl map IS finalIzed. Attacp.....'1',ents Slgnaturc- ~~Q~ 2000 Lakeridge Drive S,W., Olympia, Washington 98502-6045, (360) 786-5410; 1-800-624-1234 FAX (360) 754-2958, TDD (360) 754-2933, TDD 1-800-737-7894 ~33 (I Recycled Paper /~/ ~ ~ /~~~~~~~-~~~~~-~~~_/~ ~~-~~ ~--- ~ -~~-~~- ~~ ~ .~ ~ 1/~~~ t~' COfrl/iA~ / ~d( III fV/ej l~(!Ajy- W:1Ou 0 it ~d. f L PtV(~~ rc P(~ " ~u ~lh qe~ 1J!-'-f f1p0/6 tJRAI Yrd~ ~ IJfi 0.~ . f It:hl~ 7>.'1/0 v~ ~?4 ~J'v~U' / 4j)j ~ rc.Y ~ /;:<75~- J~'v /uiftf pJl VJ ~d1 Ud ()J3f~ jJlA~. fJ of:v ~~ J~ fD b-L- JitlAudr-cZ f;J lou~L. !Jfrvb~ r " /1 I ~---_..-- City of Yelm 105 Yelm Avenue West POBox 479 Yelm. Washington 98597 (360) 458-3244 PLANNING DEPARTMENT CASE NUMBER SUB/MPD-8150 SUB8149 DATE. 7 / 18 /95 APPLlCANT Paul Steadman & Mark Carpenter PROJECT LOCATION NW side of SR 507, South of Mill Rd PROJECT SUMMARY 120 Lot Residential Subdivision The enclosed project Information is for your review Please provide written comments or recommendations to Cathie Carlson by Auq. 2, 1995 Your comments will become part of the record and utilized in the decIsion-making process by staff, Planning Commission or City Council TYPE OF APPLICATION --1LPROPOSED _FINAL _ADMINISTRATIVE _PLANNING COMMISSION _CITY COUNCIL _Site Plan Review -x-Prelimlnary Plat _Final Plat _Short Subdivision _Conditional Use _Variance _Planned Residential Development _Mixed Use Planned Development _Master Planned Development _Home Occupations _Short Subdivision _Mobile Home Park TO --1L City Administrator -1LDirector of Public Works --1LBuilding Department ~City Planner _City Clerk ~Police Department ~Fire Department _Thurston County Capcom ~Adjacent Jurisdiction -T. C. Planning ~ Thurston County Environmental Health _Olympic Air Pollution Control Authority -1LParks and Recreation Committee f. _Thurston County Assessor .lLWSDOT lLlntercity Transit ~ School District .lL Y elm Telephone _LeMay Garbage Service --x-Puget Power ..1L Viacom JL Washington Natural Gas ~Adjacent Property Owners _US Post Office (Yelm) _Dept. of Ecology Dep t . @ R~C\'c~d papu PO l3ox470 Yellll, WA 00597 450-3244 OFFICIAL US'=. OtIL Y Fee Dale necelved, By File No APPLICATION FOR PRELIMINARY PLAT Fee, $500,00 plus $25,00 per 101 (Plus ony professlonol servlco chnrues per l1osolullon 252) A preliminary plat Is a requesllo subdivide property Inlo live or more lols for Ihe purpose of reslclenlial, commercial, or industrial development. A preliminary plalls reviewed by Ihe City s Blall, Planning Commission and Council for conformance with City subdivision standards and olher regulallons, The Council will hold a public hearing aller notifying neighbors and olher agencies, The plat cannol be approved unless appropriate provisions have been made for public facilllles, such as roads, sewer and water Preliminary review will usually take about 90 days. II preliminary approval Is granted, a linal surveyed plat must be presented within three years wilt! approprlate arrangemenls for alllmprovemenls, NAME OF PROJECT ~~.9.ualll' Estates , APPUCANT Landmark Mailing Address 22,D.5-lJ,1itlLS,LS City, State and Zip -~jg~ntf2 WA 98444 Telephone OWNER Landmark Mailing Address s am~Q.1L..abQYe. Clly, Slale and Zip Telephone ENGINEER! ARCIII TECTID TIlER Eddie 'rrue Mailing Address 18225 Cook rd SE Cily, Slale ami Zip _____~el~L_!'?~__~.!).!?97 Telephone 458-2894 ----- SUMMARY OF REQUEST 60 lot residential subdivision -- ___u_____ ~-----~~-_._------- -~--- ------~-- -~----~-,-- --~---~-_._---~-_._~_.. PROPERTY DESCRIPTION . SR 507 General Locallon ____~_~________~_,__ __~ 15125 - 15 Sile Address SR 507 S Land Area (acres) acres Secllon 25 Township --.!7 North RanDe 2 East, W.M. Assessor's Tax Parcel Number 21725111300 Full le1al description 01 sulllect properly (allach separate sheet If necessary) p ease see atta'ched plot plan ----------~------ I affirm thai all answers, slalements and Inlormatlon contained In and sulJmllled wllh Ihls application are complele and accurate to Ihe best 01 my Imowledoe, I also affirm that I am Ihe owner ollhe subject site or am duly au, Ihorlzed by the owner to act wilh respect \0 Ihls application. Further, I granl permissIon from the owner 10 any and all employees and represenlatlves ollhe ClIy of Yelm and other governmental agencies 10 enler upon and inspect saId properly as reasonably necessary 10 process Ihls applicallon, I agree 10 pay all fees ollhe cily which apPI~Pllcalion, Sign, f'J/ ~( ) Dale 7- /7-;!,S:- 7/ ~ 1/ j""~ PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTnA PAGES IF NECESSAnV Do lhe subdivision sial sizes, proposed use, etc" confOlm wllh the zoning ollhe properly? Please explain, YES 2, Are any provisions proposed 10 minimize conllicts wllh neighboring land uses? DescJlbe. ____ YE~L_~_50_.fooL~~ffer o-.!!~~olllmon line with Mr. McNaughton ' 3, Is Ihe sile wilhln 300 leel of any critical areas" such as wellam!s or slleams? Yes 4 Whal provisions will be lIlade lor waler supply? City 5, Whal provisions will be made lor sewage? City G, Whal provisions will be made lor slOlmwater and/or 1I00d control? Storm Plan 7 Whal pfOvisjons will be made for slleels, access amI/or buses? o Whal provisions, if any, will be mado lor open space undlor ICcICntloll? o 9 Whal provisions will be made lor schools and school children? Mitigation fees ATfACIIMENTS: CI Environmenlal Cheddisl (indudinu $5000 lee) CI Adjacenl Propelly Owners lisllneluding Assessors Tax PUlcel Numbers [J Vicinity mnp showing nearby properly, slreets, land lIses, streams and other leatures. o Mnp showing locntion ancl size 01 water mains, sewer, slollnwaler lacilities and other utilities and polnls of corllleclion to existing syslems, [J Copy 01 any covenanls or leslrictlolls lhal will npply IJ Grncllng plan lor culs amI fills over 100 cubic yards [] Tell copies 01 preliminary pial drnwlng(s) 110tlarger Ihan 1O"x24" showing: I Datum 2, BoundarIes 01 alllols and slreets In relation 10 cily IIml\s, secllon lines or corners, plus exlsllng and proposed survey and elevation monumenls. 3 Lakes, slreams, wetlands, trees and olher nalurallealUles, 4 Proposed zoning, use 01 each lot, amI any public or common areas 5 Existing buildings and olher slruclures. G, Existing and proposed slreels, alleys, sidewalks, railroads and assoclaled rlghls.ol,way 7 Wells and underground storage lanks, o On.sile wasle disposal systems and proposed sewer lines and tanlls. 9 Exisllng ancl proposed slleelllghtlng, power, nalural gas, lelevlsion and telephone lines. 10 Grade ancl curvature 01 slreets to 300 leel from the pial. 11 Existing and proposed conlours al Iwo-Ioollnlervals (or 5,1001 if grealer than 5%), [J A reduced size copy of the pIal nol larger than 11 "x 17" ]0 c" fAy PRELIMINARY PLAT OF NISQUALLY ESTATES DIVISION 1 IN NWI/4 OF NEI/4 SECTION 25, TOWNSHIP 17 NORTH, RANGE 1 (;0:. co; & 2 I EAST, WM '::h.<\;,;; ;;',:'00.. L de. 'I:. ':\: DIVISION ~ ~ / PROPOSE!) 50' Wfru.ND BUFFER ~ - 2~~~O - - - - - - - - - -/- - - - - - - -. - ~18 _I, DIVISION 2 .;I3~1 <J.<I~I <15'11 ~21 <17;0 5@;oI~ 61~162 ~163 ~I 64 ~I 65 ~I 66~1 671!1 68'i1 69~1 ?O~I 71~1 72~1 73~1 74 ~ J<" " ;vn SCALE: ~ ~~o-7O~oo '1:: :r, ;p .r:) TO fJU (J}(A~No:E~~u~: ~TIO~~ ~SHI~~: }.:;: tj ; :::~ 192689.96 5.F. 4.42ACRES SB9iJ'.J6"E 93-11035 ~ ,oj> 1l7J2JU75.F. 2Q,QOACRES 522725.50 ",.F. 12.00 ACRE5 ~ :? IVO RETENTION 'ON' \\0'" \\<> <~ . Nt. ~ J"