Loading...
20050067 Application 2n` OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO MPD-05-0067-YL - TAHOMA TERRA APPLICANT Tahoma Terra LLC 4200 6th Avenue SE, Suite 301 Lacey WA 98503 SUMMARY OF REQUEST The applicant has made application for a final master site plan on the portion of the Tahoma Terra Master Plan Development located east of Thompson Creek SUMMARY OF RECOMMENDATION It is hereby recommended to the City of Yelm City Council that the Final Master Plan for Phases 1 and 2 of the Tahoma Terra project be approved subject to adoption of then Final Master Plan Development Guidelines PUBLIC HEARING After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows The hearing was opened on July 11 2005, at 9 00 a m Parties wishing to testify were sworn in by the Examiner The following exhibits were submitted and made a part of the record as follows EXHIBIT "1" - Planning and Community Development Staff Report and Attachments GRANT BECK appeared, presented the Community Development Department Staff Report, and testified that this southwest area of Yelm was annexed in 1993 as an MPC The City has a blank slat for development with uses consistent with the comprehensive plan The MPC has its own zoning code with little direction for the first master plan Thy: -1- first subdivision must be consistent with the conceptual and final plan approval STEVE CHAMBERLAIN appeared on behalf of the request and testified that they have developed a conceptual plan for the entire 220 acres, a final plan for the area east of Thompson Creek, and a preliminary plat of 89 lots The site previously supported a large dairy farm and was purchased for the MPC The site is generally level with rolling pasture east of the creek To the west of the creek the topography ascends to a higher plateau covered with trees Soils on the site consist of topsoil and sand and gravel which are conducive to development The dairy farm ceased operation in 1993 or 1994 but other cattle have grazed on the site since then They will use a natural feature design incorporating the City design guidelines They anticipate seven to ten years to develop the entire site They will locate the commercial area east of the creek and townhouses with overlook the golf course They anticipate between 700 and 1,200 dwelling units over the 220 acres They will collect, treat, and discharge all stormwater drainage into the soil, and will have a few ponds in the good soil areas Sanitary sewers will serve the project as well as a mayor arterial The City will provide potable water and sanitary sewer service and they will construct parks throughout the development JEFF SCHRAMM, traffic engineer, appeared and testified that he has provided traffic studies for the past ten years and conducted such study for the entire MPC He evaluated a conceptual analysis for all phases, and for Phases 1 and 2 east of the creek They will provide mitigation for this project in addition to the State and City plans The entire traffic analysis and development for the annexation area were considered by the City and the State The MDNS sets forth mitigating measures for traffic which includes an approximate $1 million dollar impact fee m addition to the road improvements The 89 lot subdivision will require improvement of Longmire Street to Yelm Avenue to modified collector standards with shoulders and bike lanes They will improve the Yelm/Longmire intersection with a center turn lane Future development will require an extension of Killion Road as a new road to serve the development No development will occur west of the creek until the initial connection is made They will also install a new traffic signal and will widen both roads These improvements will accommodate Phases 3 through 5 For the balance of the site they will improve Mosman Avenue and realign it to a four leg intersection which is also consistent with the City TIP They will provide access to SR-510 by either Mosman or the new road connection to the south All of the improvements are consistent with the City's plans and methods of determining mitigation STEVE SHANEWISE appeared and testified that he is a wetland scientist and studied the wetlands on the site A wetland near the south property line drains north to the creek and the creek channel is m the wetland All wetlands meet the definition of Category 2 for which the ordinance requires a 75 foot wide buffer, as compared with their 100 foot wide buffer They will construct balifields, park, and lawn in the creek bottom, and will remove fill from the wetlands and will cross the creek with a bridge Construction will affect 5 to 6 acres of wetlands They will restore two to four acres of drained wetlands -2- MR CHAMBERLAIN reappeared and testified that they will utilize purple pipe or recycled water from the sewer treatment plant for irrigation While the water is not considered drinkable, it is treated to that standard BOB DROLL, landscape architect, appeared and testified that 80% of his work is in the park and recreational fields Larger developments can impact a City They propose 60 acres of open space and parks and about 25% will be developed into active recreational areas The balance will consist of habitat and open space Neighborhood parks will contain playground apparatus for elementary children They will also have activities for adults and seniors to include over a mile of walking trails consisting of paved, boardwalk and crushed rock They will have pocket parks within subdivisions also The main park will have two picnic shelters MR CHAMBERLAIN reappeared and testified that the applicant has 60 years experience in developing property and in home building This will be the most unique development m the City and Quadrant Homes will build all of the residential dwellings Phase 1 will consist of 89 lots They will carry the same theme throughout the development starting with the residences in Phase 1 which will be single family residential exclusively The primary access for the subdivision will be from Longer and they will work with adjoining property owners to minimize the impacts of construction They will also bring utilities down Longer and will accommodate storm drainage on site JIM STROTT, Quadrant Homes, testified that his company is the largest home builder in the State and that they offer an entry level product They have a mix of lots on this site and buyers can determine the size and quality of the home They will have competitive pricing They anticipate constructing two homes per week to manage the growth They anticipate home sizes of 1,800 square feet which will sell for between $150 000 and $175 000 and 3,200 square foot homes which will sell for $300 000 or more MR BECK reappeared and testified that SEPA review has required different conditions for different phases They have tied the MDNS measures to the number of trips generated not to the phases Police stations in the area are substandard and the applicant will pay a police facility charge of $310 per unit for replacement of the existing structure Staff finds the project consistent with the comprehensive plan and the applicant had to provide more units to obtain the minimum four dwelling units per acre The Land Use Element promotes mixed uses such as townhouses and neighborhood commercials but not to compete with the downtown businesses They will have a range of housing and housing prices They will also provide parks and open space, but install the parks before development as they go along The dairy farm had water rights and transferred them to the applicant A condition of approval requires that development beyond the 89 units have a water transfer The final development plan contains fixed development regulations for the phases covered The Master Site Plan limits the size of the neighborhood commercial to ensure that it will not -3- compete with downtown businesses The pocket parks will be constructed in individual neighborhoods throughout all phases so that children don t need to go far from home The subdivision conditions are straight forward and staff recommends approval subject to the mitigating measures and conditions MARGARET CLAPP appeared and testified that she is very impressed with the proposal and served on the Planning Commission during the southwest annexation This MPC is what the commission members desired, and it meets all of the tests to include significant open space She wants to see the wetland mitigation work and believes the applicant has done a first class fob and will provide all infrastructure DIANE D'ACUTI appeared and concurs with Ms Clapp She did has transportation questions as she does not believe one stop light will handle the increased traffic She also discussed the setbacks from Thompson Creek and ascertained that the applicant is vested under the old ordinance which requires less of a buffer Thompson Creek will not flow unless someone cleans it out Adding more water will cause the creek to back up and the streets to flood JAMES ZUKOWSKI appeared, asked questions, and obtained the following answers The conceptual plan covers 220 acres and will result in construction of 800 to 1,200 residential units The final plan covering the area east of the creek will result in approximately 216 units to include townhomes and commercial He believes the Mosman extension a problem due to ownership issues The critical areas located at the north end of the Thompson ballfields are still within a 100 foot buffer He questioned the geotechnical hazard area for the extension of the boulevard He questioned how trails would cross the creek and whether the picnic shelters would be for general citizen use or dust for residents of the MPC and who is in charge JEAN HANDLEY appeared and testified that she was at the last Planning Commission meeting which updated the Critical Areas Ordinance Now a subcommittee will testify as to the new regulations The present regulations are outdated and she is concerned about retention of trees and the road widening She questioned the source of funds which the City will use to build improvements With the new population growth, Yelm will compete with other cities for grants No one has discussed the impact on the fire department, but it will have a large impact and create a large burden The fire department may need another building in addition to the police department She questioned whether emergency vehicle access would be a problem for the lots If an earthquake occurs, the State will not have any funds for this project The City should stop the MPC if the State can t fund the improvements She referred to the United States Supreme Court decision in the Mosman Road issue and requested a condition prohibiting the City from exercising eminent domain HENRY DRAGT appeared and testified that he owned and ran the dairy on the site, and sold the property in December The sale was a fulfillment of his plans for the site since -4- 1993 The City annexed the parcel in October, 2004, and approved the southwest area for a conceptual master plan for development to include this parcel The critical areas study determined no significant impact He believes the plan a great benefit for the City JENISE MUGLER appeared and testified that she owns the property south of the development and that the MDNS is out of date In 1999 the checklist showed the development plans with more open space along the borders The townhouses have now changed to a high density development The applicant must revisit the plan as the apartments are shown right on her property line along the south border The creek goes through the corner and she desires more open space Either offset the apartments or provide a greenbelt The apartments are part of Phase 2 ROSALIE SAECKER appeared and testified that she regularly uses Longmire The applicant should construct all road improvements to include bike paths and sidewalks along Longmire They should provide a bus stop at Yelm Avenue and Longmire She questioned how the development will minimize traffic on Berry Valley Road GEORGE SWARTZ appeared and testified that he owns the property shown by red line and that he was left out of the loop His concern is eminent domain because his parcel is necessary to extend Mosman Street MR CHAMBERLAIN reappeared and testified that the current code requires a buffer of 75 feet, but they have expanded the buffer to at least 100 feet The balifields are outside of the 100 foot buffer The impact of cattle on the creek is considerably greater than urban development Their development will be compatible with the creek Phase 1 consists of 89 lots The picnic shelters are primarily for the use of the residents, but others can use them as well The homeowner's association can rent the shelters to outside organizations Trees lost on the site will be due to roads and development, but they will not lose that many trees The site was logged many years ago, and they will replant trees where they can The development will pay for its impacts with the taxes, impact fees, and required mitigation They have worked with the City to mitigate impacts on the fire department and police department They are looking at an area within the commercial portion of the MPC for the police department They do not want to compete with downtown business They do not propose a big box store dust neighborhood area uses Such would prevent residents from having to go to SR-510 or SR-507 The townhomes can enhance the MPC by providing a mixed residential use The townhomes are compatible with the creek and the golf course and will contain 18 to 20 units They have no other opportunities for townhomes on Phases 1 and 2 All internal roads will have sidewalks and bike paths Longmire will be the preferred route which will keep traffic off of Berry Valley The timing of construction will direct traffic to the boulevard, and neither Longmire nor Berry Valley will serve as the main access They will regrade the steep areas to balance the site to minimize traffic during the construction period They have elevated the trails through the wetlands and across the creek Critical areas abut the south side of the site and the nearest townhouse will be set -5- back 50 feet from the property line MR BECK reappeared and testified that both the comprehensive plan and GMA require the applicant to use the best available science Wetland restoration is a big part of the project Impacts on the fire department had a large amount of discussion in the MDNS, but the City can t justify the use of impact fees The issue is the number of firefighters and not the fire department's capital facilities The fire department has no plan to increase capital facilities Most of the infrastructure will be located in Thurston Highlands and will be in place for that development They could condition the south property line setback The standards for that development are in the guidelines They could codify that requirement which would concern the non-golf course property The State does not allow eminent domain for business or economic purposes The decision on Mosman is seven to ten years down the road MS MUGLER reappeared and testified that the townhouses should measure 100 feet from the off-site wetlands MS HANDLEY reappeared and testified that the applicant evaluated the creek in a drought and did not get a true picture of its flow MS KELLY PETERSON appeared and questioned the impact of 1 200 homes on the water supply MR BECK testified that the City would have the right to the water, but the depth of wethdrawal is not decided The City could draw from other aquifers MS NEWBY appeared and testified that she resides on Longmire Street and that trucks pass 25 feet from her window A restaurant already exists at the Killion extension She sees years of traffic and wants Berry Valley extended DARLENE BAKER appeared and testified regarding drinking water wells No one spoke further in this matter and so the Examiner took the request under advisement NOTE A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS, CONCLUSIONS AND DECISION FrNniNC;~ 1 The Hearing Examiner has admitted documentary evidence into the record, viewed the property heard testimony and taken this matter under advisement -6- 2 The City s SEPA Responsible Official issued and published a Mitigated Determination of Nonsignificance on May 24 2005 based on Section 197-11-158 WAC 3 A Notice of Public Hearing was mailed to the applicant and parties of record on June 20, 2005 This notice was also posted at City Hall and on the City of Yelm web site on the same date, and published in the N~squally Valley News on June 24, 2005 4 The applicant has a possessory ownership interest in a generally rectangular, 220 acre parcel of property located south of SR-510 and west of SR-507 in the southwest portion of the City of Yelm The applicant requests Conceptual Master Site Plan approval for the entire parcel final master site plan approval for the portion of the parcel located east of Thompson Creek consisting of approximately 55 acres, and preliminary plat approval for Phase 1, located in the northwest corner of the site, which proposes 89 single-family residential lots on 15 acres 5 The Draght family previously used the parcel for a dairy farm for many years, but ceased operation in 1993 Improvements on the site include a home and outbuildings assoaated with the dairy, and development of the site will require removal of all such improvements Thompson Creek, a Type F stream and it's associated floodplain and wetlands bisects the eastern portion of the site in a north/south direction A road used in conjunction with the dairy farm crosses Thompson Creek near the center of the site Topography is relatively flat but west of the creek, the topography rises as much as 50 feet with bluffs of 22-30 feet Vegetation consists of pasture grass with forested areas in the northeast and southwest portions 6 Abutting uses to the west, east and south consist of vacant parcels agricultural uses, and single family dwellings on large lots The Nisqually Valley Golf Course abuts the northeast corner Berry Valley Road Southeast abuts the north portion of the west property line, and Durant Street abuts a portion of the north property line Longmire Street SE dead ends at Durant Street and an extension of Longmire provides access to the dairy farm buildings 7 The site is a portion of the 1993 southwest Yelm annexation which also included the 1 300-acre Thurston Highlands property the golf course and 150 additional acres As part of the annexation process, the City prepared an Environmental Impact Statement (EIS) that assessed the impacts of up to 5 000 dwelling units to include several potential master plan communities, including the present site In 1994 owners of the 1,260-acre Thurston Highlands property and the present site obtained conceptual master plan approval for a master plan development -~- which included both properties The City required preparation of a Supplemental Environmental Impact Statement (SEIS) prior to approval The applicant performed little, if any work on the project and in accordance with the Yelm Muniapal Code (YMC), the approval lapsed after five years In 1999 another previous owner submitted an application for a master plan development for the present 220-acre parcel which the Yelm City Council approved subject to the preservation of the right-of-way for a boulevard designed to serve the project However the previous applicant did not meet City requirements, and the City deemed the application withdrawn for lack of progress The present applicant, Tahoma Terra LLC ,submitted its application on March 21, 2005 8 Phases 1 and 2, located east of Thompson Creek, consist of 55 acres Phase 1 will be developed into 89 single family residential homes, and Phase 2 is proposed for development into approximately 20 townhomes and 123 single family residential homes In addition, Phase 2 will provide lots for five commercial buildings and open space park areas associated with Thompson Creek 9 The site plan shows Phase 1 located in the northeast corner of the site and access provided via Longmire Street and Berry Valley Road Phase 2 is located to the west and south of Phase 1 and will take access from the same two roads Upon development of future phases to the west of Thompson Creek, the applicant will construct the Tahoma Terra Boulevard along the north property line of Phase 1 and through the western portion of Phase 2 The boulevard will separate the commercial uses from the single family uses A road extending south from Longmire Street along the east property line will provide access to approximately 20 townhomes located adjacent to the Nisqually Valley Golf Course The abutting property owner to the south of the proposed townhomes requested a greater buffer width from her property line Such will be addressed during the processing of a land use application covering Phase 2 The Final Master Plan shows a buffer width of approximately 50 feet 10 The Final Master Plan shows a grid street system with all lots accessing from internal plat roads and access to the commercial area provided directly from the bulkhead and from a driveway system between the critical areas and the buildings The buildings will have pedestrian access from Tahoma Terra Boulevard A large parking area serving the community park is shown near the intersection of Longmire Street and Tahoma Terra Boulevard 11 Prior to obtaining Final Master Plan approval, the applicant must show that the request satisfies the applicable criteria set forth in Section 17 62 060 YMC Findings on each criteria are hereby made as follows A The applicant has submitted maps and a text which show mayor -8- development features and services for the first two phases B The proposed Final Master Plan for Phases 1 and 2 provides all information required by Section 17 62 060(E) YMC as it sets forth the acreage within Phases 1 and 2, the total number of dwelling units, and the average number of dwelling units per acre (232 units on 55 acres) which calculates to a gross density of 4 2 dwelling units per acre The conceptual site plan sets forth the acreage of open space including a separate figure for active recreation space and the percentage of the total area C The neighborhood commercial requirements set forth in the Final Master Plan Development guidelines set forth the approximate floor area and type of commercial use Said section authorizes a maximum building size of 30,000 square feet maximum building footprint of 16 000 square feet maximum impervious surface coverage of 70%, and building setback requirements Said plan presently shows four buildings of 24,000 square feet and one building of 4,800 square feet The present Final Master Plan approval application reflects five acres of commercial uses D The means by which the proposed master plan meets the objectives set forth in Section 17 62 020 YMC are the same as for the conceptual master plan and findings thereon are incorporated by their reference as if set forth in full 12 The Final Master Plan for the portion of the property east of Thompson Creek is compatible with the conceptual plan assuming that the development guidelines are adopted throughout the entire area Said guidelines are consistent with the conceptual site plan and the City's comprehensive plan 13 According to the traffic impact study provided by Transportation Engineering Northwest a qualified transportation engineering firm Phases 1 and 2 at buildout will generate 512 p m peak hour trips and 5,120 average daily trips Phase 1 will generate 90 p m peak hour trips and 850 average daily trips, and Phase 2 will add 422 p m peak hour trips and 4 270 average daily trips Phase 2 includes 125 units of single family detached housing, 20 condominiums, a gas station with car wash, and 48,000 square feet of gross floor area for office/commercial building uses The traffic analysis anticipates that 85% of the traffic will travel northeast to SR-510 and 15% southwest to SR-507 Traffic mitigation includes payment of the City's Transportation Facility Charge, the reconstruction of Longmire Street to a modified collector standard and construction of a center left turn lane on SR-510 at the Longmire Street intersection Upon any development west of Thompson Creek, the applicant -9- must construct the Killion Road extension which will include a traffic signal and left turn lanes on all four legs of the intersection with SR-510 The traffic engineer estimates that three different intersections will have a decreased level of service and one turning movement will have an increased level of service Development of additional phases resulting in the construction of Tahoma Terra Boulevard and the installation of a full service traffic controlled intersection with SR-510 should significantly improve traffic movement CONCLUSIONS 1 The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request 2 The applicant has established that the request for Final Master Plan approval for Phases 1 and 2 satisfies all criteria set forth in Chapter 17 62 YMC is consistent with the City Comprehensive Plan, and meets all other requirements of the YMC Therefore, the Final Master Plan should be approved and the Tahoma Terra Final Master Plan Development Guidelines should be adopted to cover development of Phases 1 and 2 RECOMMENDATION It is hereby recommended to the Yelm City Council that the Final Master Plan of Phases 1 and 2 of the Tahoma Terra project be approved subject to adoption of the Final Master Plan Development Guidelines ORDERED this 2~d day of August, 2005 STEPHEN K CAUSSEAUX, JR Hearing Examiner TRANSMITTED this 2"d day of August, 2005, to the following APPLICANT Tahoma Terra LLC 4200 6t" Avenue SE, Suite 301 Lacey WA 98503 ENGINEER SCA Consulting Group 4200 6t" Avenue SE Ste 301 Lacey WA 98503 -io- 0 OTHERS Jenise Mugler Darlene Baker 15009 Highway 507 SE P O Box 727 Yelm WA 98597 Yelm, WA 98597 Margaret Clapp Henry and Jane Dragt 18309 Cook Road SE 5815 95th Avenue SW Yelm WA 98597 Olympia WA 98512 Steven Chamberlain Jean Handley 4200 6th Avenue SE P O Box 1657 Lacey, WA 98057 Yelm, WA 98597 Diane D'Acuti Larry Schamm 19436 93rd Avenue SE 18217 Highway 507 SE Yelm, WA 98597 Yelm, WA 98597 George Swartz James Zukowski 2410 Crestline Drive NW P O Box 858 Olympia, WA 98502 Yelm, WA 98597 Rosalie Saecker Linda J Powell 412 SW McKenzie Avenue P O Box 891 Yelm WA 98597 Yelm WA 98597 Bob Droll Gaye Newby 4405 7th Avenue SE 15105 Longmire Street SE Lacey WA 98503 Yelm WA 98597 Mary Lou Clemens Curtis Smelser 15030 Longmire St 1201 Third Avenue, Ste 3400 Yelm, WA 98597 Seattle, WA 98101 John Turner City of Yelm 545 Mcphee Road SW Tami Merriman Olympia, WA 98502 105 Yelm Avenue West P O Box 479 Yelm, WA 98597 -11- OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO MPD-05-0067-YL - TAHOMA TERRA APPLICANT Tahoma Terra LLC 4200 6`h Avenue SE, Suite 301 Lacey WA 98503 SUMMARY OF REQUEST The applicant has made application for a Master Plan Development on a 220 acre parcel of land located south of Berry Valley Road and east of Longmire Street Concurrently with the Conceptual approval, Tahoma Terra has applied for a final master site plan for the portion of the property east of the Thompson Creek and a preliminary subdivision of 89 lots within the final master site plan area The Conceptual Master Site Plan for the Master Plan Development includes areas identified for single family dwellings, multi-family dwellings, town homes a community park and recreation area and neighborhood commercial The proposal would provide between 880 and 1 200 housing units upon completion SUMMARY OF DECISION It is hereby recommended that the Yelm City Council approve the Conceptual Master Site Plan of Tahoma Terra subject to the conditions contained herein PUBLIC HEARING After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows The hearing was opened on July 11, 2005, at 9 00 a m Parties wishing to testify were sworn in by the Examiner The following exhibits were submitted and made a part of the record as follows EXHIBIT "1" - Planning and Community Development Staff Report and Attachments -1- GRANT BECK appeared, presented the Community Development Department Staff Report and testified that this southwest area of Yelm was annexed in 1993 as an MPC The City has a blank slat for development with uses consistent with the comprehensive plan The MPC has its own zoning code with little direction for the first master plan The first subdivision must be consistent with the conceptual and final plan approval STEVE CHAMBERLAIN appeared on behalf of the request and testified that they have developed a conceptual plan for the entire 220 acres, a final plan for the area east of Thompson Creek, and a preliminary plat of 89 lots The site previously supported a large dairy farm and was purchased for the MPC The site is generally level with rolling pasture east of the creek To the west of the creek the topography ascends to a higher plateau covered with trees Soils on the site consist of topsoil and sand and gravel which are conducive to development The dairy farm ceased operation in 1993 or 1994, but other cattle have grazed on the site since then They will use a natural feature design incorporating the City design guidelines They anticipate seven to ten years to develop the entire site They will locate the commercial area east of the creek and townhouses with overlook the golf course They anticipate between 700 and 1,200 dwelling units over the 220 acres They will collect, treat, and discharge all stormwater drainage into the soil and will have a few ponds in the good soil areas Sanitary sewers will serve the project as well as a mayor arterial The City will provide potable water and sanitary sewer service, and they will construct parks throughout the development JEFF SCHRAMM, traffic engineer, appeared and testified that he has provided traffic studies for the past ten years and conducted such study for the entire MPC He evaluated a conceptual analysis for all phases, and for Phases 1 and 2 east of the creek They will provide mitigation for this project in addition to the State and City plans The entire traffic analysis and development for the annexation area were considered by the City and the State The MDNS sets forth mitigating measures for traffic which includes an approximate $1 million dollar impact fee in addition to the road improvements The 89 lot subdivision will require improvement of Longmire Street to Yelm Avenue to modified collector standards with shoulders and bike lanes They will improve the Yelm/Longmire intersection with a center turn lane Future development will require an extension of Killion Road as a new road to serve the development No development will occur west of the creek until the initial connection is made They will also install a new traffic signal and will widen both roads These improvements will accommodate Phases 3 through 5 For the balance of the site they will improve Mosman Avenue and realign it to a four leg intersection which is also consistent with the City TIP They will provide access to SR-510 by either Mosman or the new road connection to the south All of the improvements are consistent with the City's plans and methods of determining mitigation STEVE SHANEWISE appeared and testified that he is a wetland scientist and studied the wetlands on the site A wetland near the south property line drains north to the creek and -2- the creek channel is in the wetland All wetlands meet the definition of Category 2 for which the ordinance requires a 75 foot wide buffer, as compared with their 100 foot wide buffer They will construct ballfields park and lawn in the creek bottom and will remove fill from the wetlands and will cross the creek with a bridge Construction will affect 5 to 6 acres of wetlands They will restore two to four acres of drained wetlands MR CHAMBERLAIN reappeared and testified that they will utilize purple pipe or recycled water from the sewer treatment plant for irrigation While the water is not considered drinkable it is treated to that standard BOB DROLL, landscape architect, appeared and testified that 80% of his work is in the park and recreational fields Larger developments can impact a City They propose 60 acres of open space and parks and about 25% will be developed into active recreational areas The balance will consist of habitat and open space Neighborhood parks will contain playground apparatus for elementary children They will also have activities for adults and seniors to include over a mile of walking trails consisting of paved, boardwalk and crushed rock They will have pocket parks within subdivisions also The main park will have two picnic shelters MR CHAMBERLAIN reappeared and testified that the applicant has 60 years experience in developing property and in home building This will be the most unique development in the City and Quadrant Homes will build all of the residential dwellings Phase 1 will consist of 89 lots They will carry the same theme throughout the development starting with the residences in Phase 1 which will be single family residential exclusively The primary access for the subdivision will be from Longer and they will work with adjoining property owners to minimize the impacts of construction They will also bring utilities down Longer and will accommodate storm drainage on site JIM STROTT Quadrant Homes testified that his company is the largest home builder in the State and that they offer an entry level product They have a mix of lots on this site and buyers can determine the size and quality of the home They will have competitive pricing They anticipate constructing two homes per week to manage the growth They anticipate home sizes of 1 800 square feet which will sell for between $150 000 and $175 000 and 3 200 square foot homes which will sell for $300,000 or more MR BECK reappeared and testified that SEPA review has required different conditions for different phases They have tied the MDNS measures to the number of trips generated not to the phases Police stations in the area are substandard and the applicant will pay a police facility charge of $310 per unit for replacement of the existing structure Staff finds the project consistent with the comprehensive plan and the applicant had to provide more units to obtain the minimum four dwelling units per acre The Land Use Element promotes mixed uses such as townhouses and neighborhood commercials, but not to compete with the downtown businesses They will have a range of housing and housing prices They will -3- also provide parks and open space but install the parks before development as they go along The dairy farm had water rights and transferred them to the applicant A condition of approval requires that development beyond the 89 units have a water transfer The final development plan contains fixed development regulations for the phases covered The Master Site Plan limits the size of the neighborhood commercial to ensure that it will not compete with downtown businesses The pocket parks will be constructed in individual neighborhoods throughout all phases so that children don t need to go far from home The subdivision conditions are straight forward and staff recommends approval subject to the mitigating measures and conditions MARGARET CLAPP appeared and testified that she is very impressed with the proposal and served on the Planning Commission during the southwest annexation This MPC is what the commission members desired, and it meets all of the tests to include significant open space She wants to see the wetland mitigation work and believes the applicant has done a first class fob and will provide all infrastructure DIANE D'ACUTI appeared and concurs with Ms Clapp She did has transportation questions as she does not believe one stop light will handle the increased traffic She also discussed the setbacks from Thompson Creek and ascertained that the applicant is vested under the old ordinance which requires less of a buffer Thompson Creek will not flow unless someone cleans it out Adding more water will cause the creek to back up and the streets to flood JAMES ZUKOWSKI appeared, asked questions, and obtained the following answers The conceptual plan covers 220 acres and will result in construction of 800 to 1,200 residential units The final plan covering the area east of the creek will result in approximately 216 units to include townhomes and commercial He believes the Mosman extension a problem due to ownership issues The critical areas located at the north end of the Thompson ballfields are still within a 100 foot buffer He questioned the geotechnical hazard area for the extension of the boulevard He questioned how trails would cross the creek and whether the picnic shelters would be for general citizen use or dust for residents of the MPC and who is in charge JEAN HANDLEY appeared and testified that she was at the last Planning Commission meeting which updated the Critical Areas Ordinance Now a subcommittee will testify as to the new regulations The present regulations are outdated and she is concerned about retention of trees and the road widening She questioned the source of funds which the City will use to build improvements With the new population growth, Yelm will compete with other cities for grants No one has discussed the impact on the fire department, but it will have a large impact and create a large burden The fire department may need another building in addition to the police department She questioned whether emergency vehicle access would be a problem for the lots If an earthquake occurs, the State will not have any funds for this project The City should stop the MPC if the State can t fund the -4- improvements She referred to the United States Supreme Court decision in the Mosman Road issue and requested a condition prohibiting the City from exercising eminent domain HENRY DRAGT appeared and testified that he owned and ran the dairy on the site, and sold the property in December The sale was a fulfillment of his plans for the site since 1993 The City annexed the parcel in October, 2004, and approved the southwest area for a conceptual master plan for development to include this parcel The critical areas study determined no significant impact He believes the plan a great benefit for the City JENISE MUGLER appeared and testified that she owns the property south of the development and that the MDNS is out of date In 1999 the checklist showed the development plans with more open space along the borders The townhouses have now changed to a high density development The applicant must revisit the plan as the apartments are shown right on her property line along the south border The creek goes through the corner and she desires more open space Either offset the apartments or provide a greenbelt The apartments are part of Phase 2 ROSALIE SAECKER appeared and testified that she regularly uses Longmire The applicant should construct all road improvements to include bike paths and sidewalks along Longmire They should provide a bus stop at Yelm Avenue and Longmire She questioned how the development will minimize traffic on Berry Valley Road GEORGE SWARTZ appeared and testified that he owns the property shown by red line and that he was left out of the loop His concern is eminent domain because his parcel is necessary to extend Mosman Street MR CHAMBERLAIN reappeared and testified that the current code requires a buffer of 75 feet, but they have expanded the buffer to at least 100 feet The balifields are outside of the 100 foot buffer The impact of cattle on the creek is considerably greater than urban development Their development will be compatible with the creek Phase 1 consists of 89 lots The picnic shelters are primarily for the use of the residents, but others can use them as well The homeowner's association can rent the shelters to outside organizations Trees lost on the site will be due to roads and development, but they will not lose that many trees The site was logged many years ago, and they will replant trees where they can The development will pay for its impacts with the taxes, impact fees and required mitigation They have worked with the City to mitigate impacts on the fire department and police department They are looking at an area within the commercial portion of the MPC for the police department They do not want to compete with downtown business They do not propose a big box store dust neighborhood area uses Such would prevent residents from having to go to SR-510 or SR-507 The townhomes can enhance the MPC by providing a mixed residential use The townhomes are compatible with the creek and the golf course and will contain 18 to 20 units They have no other opportunities for townhomes on Phases 1 and 2 All internal roads will have sidewalks and bike paths Longmire will be the -5- preferred route which will keep traffic off of Berry Valley The timing of construction will direct traffic to the boulevard, and neither Longmire nor Berry Valley will serve as the main access They will regrade the steep areas to balance the site to minimize traffic during the construction period They have elevated the trails through the wetlands and across the creek Critical areas abut the south side of the site and the nearest townhouse will be set back 50 feet from the property line MR BECK reappeared and testified that both the comprehensive plan and GMA require the applicant to use the best available science Wetland restoration is a big part of the project Impacts on the fire department had a large amount of discussion in the MDNS, but the City can t justify the use of impact fees The issue is the number of firefighters and not the fire department's capital facilities The fire department has no plan to increase capital facilities Most of the infrastructure will be located in Thurston Highlands and will be in place for that development They could condition the south property line setback The standards for that development are in the guidelines They could codify that requirement which would concern the non-golf course property The State does not allow eminent domain for business or economic purposes The deasion on Mosman is seven to ten years down the road MS MUGLER reappeared and testified that the townhouses should measure 100 feet from the off-site wetlands MS HANDLEY reappeared and testified that the applicant evaluated the creek in a drought and did not get a true picture of its flow MS KELLY PETERSON appeared and questioned the impact of 1 200 homes on the water supply MR BECK testified that the City would have the right to the water but the depth of wethdrawal is not decided The City could draw from other aquifers MS NEWBY appeared and testified that she resides on Longmire Street and that trucks pass 25 feet from her window A restaurant already exists at the Killion extension She sees years of traffic and wants Berry Valley extended DARLENE BAKER appeared and testified regarding drinking water wells No one spoke further in this matter and so the Examiner took the request under advisement NOTE A complete record of this hearing is available in the City of Yelm Community Development Department -6- FINDINGS, CONCLUSIONS AND DECISION FINDINGS 1 The Hearing Examiner has admitted documentary evidence into the record, viewed the property, heard testimony, and taken this matter under advisement 2 The City s SEPA Responsible Official issued and published a Mitigated Determination of Nonsignificance on May 24, 2005, based on Section 197-11-158 WAC 3 A Notice of Public Hearing was mailed to the applicant and parties of record on June 20, 2005 This notice was also posted at City Hall and on the City of Yelm web site on the same date, and published in the Nisqually Valley News on June 24, 2005 4 The applicant has a possessory ownership interest in a generally rectangular 220 acre parcel of property located south of SR-510 and west of SR-507 in the southwest portion of the City of Yelm The applicant requests Conceptual Master Site Plan approval for the entire parcel, Final master site plan approval for the portion of the parcel located east of Thompson Creek consisting of approximately 55 acres and preliminary plat approval for Phase 1, located in the northwest corner of the site, an 89 single-family residential lots on 15 acres 5 The Draght family previously used the parcel for a dairy farm for many years, but ceased operation in 1993 Improvements on the site include a home and outbuildings associated with the dairy, and development of the site will require removal of all such improvements Thompson Creek, a Type F stream and it's associated floodplain and wetlands, bisects the eastern portion of the site in a north/south direction A road used in conjunction with the dairy farm crosses Thompson Creek near the center of the site Topography is relatively flat, but west of the creek the topography rises as much as 50 feet with bluffs of 22-30 feet Vegetation consists of pasture grass with forested areas in the northeast and southwest portions 6 Abutting uses to the west, east and south consist of vacant parcels, agricultural uses, and single family dwellings on large lots The Nisqually Valley Golf Course abuts the northeast corner Berry Valley Road Southeast abuts the north portion of the west property line, and Durant Street abuts a portion of the north property line Longmire Street SE dead ends at Durant Street and an extension of Longmire provides access to the dairy farm buildings 7 The site is a portion of the 1993 southwest Yelm annexation which also included -~- the 1 300-acre Thurston Highlands property, the golf course, and 150 additional acres As part of the annexation process, the City prepared an Environmental Impact Statement (EIS) that assessed the impacts of up to 5 000 dwelling units to include several potential master plan communities, including the present site In 1994 owners of the 1,260-acre Thurston Highlands property and the present site obtained conceptual master plan approval for a master plan development which included both properties The City required preparation of a Supplemental Environmental Impact Statement (SEIS) prior to approval The applicant performed little if any, work on the project and in accordance with the Yelm Municipal Code (YMC) the approval lapsed after five years In 1999 another previous owner submitted an application for a master plan development for the present 220-acre parcel which the Yelm City Council approved subject to the preservation of the right-of-way for a boulevard designed to serve the project However, the previous applicant did not meet City requirements, and the City deemed the application withdrawn for lack of progress The present applicant, Tahoma Terra LLC ,submitted its application on March 21, 2005 8 Chapter 17 62 YMC sets forth the requirements and procedures for master plan developments Section 17 62 040 YMC authorizes specific development within an MPC as follows A Conceptual review and approval of the master plan, B Adoption of a final master plan for the site, C Approval of specific development actions in accordance with phasing in the master plan 9 The applicant requests approval of a conceptual master plan for the entire 220- acre parcel The conceptual plan serves as a guide to future detailed planning and development for the project site The conceptual plan identifies generalized land uses transportation circulation routes and services The Examiner conducts a public hearing and then makes a written recommendation to the City Council for final action The final master site plan shows mayor development features and services for the portion of the site included therein, including phasing and means of financing services The Examiner conducts a public hearing and makes a recommendation to the City Council for final action Specific development applications within the MPC are reviewed for consistency with the approved conceptual and final master site plan 10 The Tahoma Terra Conceptual Master Plan application shows that 33% of the 220 acre site will remain in open space to include 24-acres of wetlands and creek and 38-acres of open space The net developable area of 147-acres will result in a minimum of 880 dwelling units and maximum of 1 200 units The example in the application, shows 1 092 dwelling units broken down into 872 -s- single family units, 80 townhouses 140 apartments The application also shows between 1 and 10-acres of commercial uses 11 The Conceptual Master Site Plan shows that Phases 1 and 2 are located north of Thompson Creek and consist of mostly single-family residential homes at densities of four to six dwelling units per acre (northwest corner) Sandwiched between the said residential area and the open space associated with Thompson Creek are the neighborhood commercial uses Moderate density residential development at six to ten units per acre extends in a narrow band southeast from the single family units along the north property line to the east property line The applicant proposes townhouses for this area which will abut both the golf course and wetlands South of the open space in the eastern portion of the site, the applicant proposes moderate density residential uses at six to ten units per acre and high density residential development at 10 to 24 units per acre Open space associated with steep slopes is located in the southeast corner and the balance of the site (almost 50%) is set aside for single family residential at four to six dwelling units per acre Phase 1, consisting of 89 single family residential lots, is located in the northwest corner and Phase 2, which comprises the balance of the site east of Thompson Creek, is located between the creek and Phase 1 Phases 3 through 8 consist of the a large, single family area south of the creek, and Phase 9, consists of moderate and high density residential uses immediately south of the creek 12 Section 17 62 050 YMC provides that the conceptual plan must identify generalized land uses, transportation circulation routes, and services As previously found, the applicant has identified proposed uses and phasing The transportation system includes internal plat roads connecting to Longmire Street, Berry Valley Road and via Mosman Street to SR 507 The master plan also shows a new arterial boulevard extending southeast from Killion Road through the site and across Thompson Creek to the south property line Said road will eventually extend through other master plan developments to SR-507 The conceptual plan satisfies Section 17 62 050 YMC 13 Section 17 62 050(C) YMC sets forth the requirement for the form and content of an application for conceptual approval The application satisfies all requirements set forth therein Subsection (i) requires the applicant to show the means by which the master plan meets the objectives of YMC 17 62 020 Findings on each objective set forth therein are hereby made as follows A Approval of the MPC will assure future growth and development in accord with the City s comprehensive plan and planning policies This proposed MPC implements long-term goals of the City commencing with it's decision to annex the property along with other properties in 1993 The -9- proposal is also consistent with two other MPC approvals covering the same property The MPC complies with specific comprehensive plan policies B This large scale project will incorporate a full range of land uses consistent with the comprehensive plan to include multi-family, townhouse and single-family residential development, neighborhood commercial uses and significant parks and open spaces C The MPC represents safe, efficient, and economic use of the land as it proposes high density neighborhoods, moderate density neighborhoods, commercial uses, parks, and pedestrian trial systems D The City of Yelm will provide water and sanitary sewer services, and the applicant will construct the storm drainage system to meet City standards Furthermore, the applicant will use reclaimed water from the City sewer treatment plant to provide irrigation for ballfields landscaped areas, and playgrounds Puget Sound Energy will provide electrical service and natural gas E The MPC provides opportunities for decreased trip-lengths of automobile travel, increased public access to mass transit, bicycle routes, and other alternative modes of transportation The MPC is located close to the downtown business district of the City and within easy walking distance of local recreation and school facilities The neighborhoods will have abundant walkways, alleys, parks, and trails to provide safe walking and bicycling routes The compact residential groupings will encourage use of mass transit and alternative modes of transportation Location of neighborhood commercial uses within the site will eliminate the need for many off-site shopping trips F Compliance with building code requirements will ensure reduction of energy consumption and demand, and the significant open space acreage will minimize degradation of wildlife habitat and natural features Zero lot line cluster housing, and multi-family buildings will contribute to efficient land use and reduce demands on energy consumption Significant stream and wetland buffers ensure preservation of the most critical wildlife habitats G The MPC will minimize impacts on existing neighborhoods by eventually providing a boulevard access directly from SR 510 to SR 507, will encourage neighborhood scale businesses to serve residents of the MPC and will provide internal trails and parks for on-site recreational -10- opportunities H This criteria requires blending of commercial and industrial building designs However, the MPC proposes no industrial uses and no large commercial areas The proposed MPC satisfies all criteria set forth in section 17 62 020 YMC 14 Section 17 62 020(A) YMC requires that an MPC be `in accordance with the comprehensive plan and planning policies of the City" as set forth on Pages 9-32 of the Staff Report (Exhibit "1) The project satisfies all applicable comprehensive plan goals and policies Staff s assessment is hereby incorporated by this reference as if set forth in full 15 The project meets Growth Management Act planning parameters as it proposes an overall urban density of four dwelling units per net developable acre, and all muniapal utilities such as sewer, potable water, fire flow, and irrigation water will serve the site The commercial portion of the MPC complies with policies of the commercial development element of the comprehensive plan as the proposed uses will not compete with the downtown businesses nor will they draw patrons from other residential areas Limitations on the size of buildings and the commercial area acreage will ensure that a new commercial core is not created A condition of approval requires the commercial area ready for construction prior to development occurring south of Thompson Creek The open space areas will provide passive and active recreational opportunities and are intended to serve all residents of the City The 60-acres of permanent open space greatly exceeds the minimum requirement of 5% of gross area 16 As previously found, the project proposes a variety of housing types and sizes which will provide affordable building sites and therefore should attract customers of varying income and age levels Staff has required the applicant to construct 48-multi family units for every 300 single-family units to ensure a variety of affordable housing opportunities The multi-family element represents approximately 14% of the total projected housing units Sidewalks, pathways and trails will provide pedestrian orientation throughout the entire project 17 The most critical issue affecting approval of the MPC is traffic mitigation Upon build-out the project will generate between 1 400 to 1 600 p m peak hour trips and 13 300 to 15 300 average daily trips The City has imposed a mitigating measure in the MDNS which requires numerous road improvements triggered by increases in project traffic The applicant must also comply with the City's transportation facility charge, which will upon build-out, result in the payment of more than one million dollars In addition, the applicant must construct the -11- following traffic improvements A Prior to the first final subdivision approval, reconstruct Longmire Street to a modified collector standard from the project entry to Yelm Avenue West (SR-510) B Prior to approval of any final subdivision which includes the 90`" p m peak hour trip construct a center left-turn lane on Yelm Ave West at the Longmire Street intersection with sufficient capacity to serve anticipated project traffic volumes C Prior to the 513`" p m peak hour trip construct an extension of Killion Road from the property to Yelm Ave West, re-align the said intersection, construct a traffic signal and construct left turn lanes on all four legs of the intersection D Prior to the 1 100t" p m peak hour trip reconstruct Mosman Ave to modified collector standards from Longmire Street to SR-507, and also construct the Mosman Avenue/ SR-507 intersection to include re- alignment and a center left turn lane on SR-507 E Prior to the 1 301 S` p m peak hour trip, define and construct the Mosman Avenue connector between Longmire Street and Solberg Street, or continue the Killion Road Boulevard to SR 507 through the Thurston Highlands Property The applicant has demonstrated through the environmental review process that the proposed transportation system improvements will accommodate the traffic and maintain acceptable levels of service for current and future residents 18 The proposed open space plan meets the objectives of the parks and open space element of the comprehensive plan The City antiapates between 2 000 and 2,800 new residents will live in the MPC, and the parks level of service policy requires 5-acres of open space per 1 000-projected population Said policy would require Tahoma Terra LLC , to provide between 10 and 14-acres of open space suitable for active recreational opportunities The proposal provides approximately 60-acres of open space and well over 14-acres of improved active recreational areas Land use goals require an MPC to maintain a minimum of 25% of the total land area as permanent open space The Tahoma Terra project maintains approximately 27% of the total area in open space The applicant will also provide small neighborhood pocket-parks with appropriate elementary-aged activity equipment -12- 19 The project satisfies elements of the Natural Element, Goals and Policies of the comprehensive plan as the applicant will protect and enhance Thompson Creek, a fish-bearing stream and the wetlands and floodplains associated therewith The applicant has provided greater buffers than required under the applicable critical areas ordinance and will improve wetlands degraded by the dairy farming operation 20 The entire City is designated as a critical aquifer recharge area, and the applicant must meet the requirements of the 1992 Department of Ecology storm- water manual as adopted by the City Such requires treatment of storm water prior to release The applicant proposes to utilize rain gardens as the storm water treatment method The environmental documents show plant and animal priority species and habitat in the vicinity of the site The applicant will preserve and enhance the predominant oak woodland and Shore Pine plant communities located along the Thompson Creek corridor and will preserve them in open space 21 The City does not own sufficient water rights to serve the MPC, but the City has applied to the Washington Department of Ecology for water rights for the southwest annexation area While the City has not received additional rights, Tahoma Terra has water rights associated with the previous dairy farm The applicant has assigned these water rights to the City and the City has applied to DOE for a transfer which, if approved, would allow the City to provide domestic water for the initial portion of the development A previous owner of the property participated in a Sewer Local Improvement District (LID), and the City will therefore provide water and sewer connections for 89 units CONCLUSIONS The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request 2 The Applicant has established that the request for Conceptual Master Site Plan approval for Tahoma Terra is consistent will applicable policies of the City of Yelm comprehensive plan and satisfies all criteria set forth in Chapter 17 62 YMC Therefore the Conceptual Master Site Plan approval for the Tahoma Terra project should be approved subject to the following conditions The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval 2 The average density of the proposal be not less than four dwelling units per net developable acre within each final master plan area consistent -13- with Growth Management policies 3 Proposed neighborhood commercial areas shall be centrally located within the master plan development and shall be screened from residential neighborhoods 4 A minimum of 55 acres (25% of the site) shall be set aside as permanent open space with a variety of active and passive recreational improvements An area within the identified open space equivalent to five percent of the gross area of each final master site plan application shall be identified and improved within the community park area as part of each final master site plan approval and implementation 5 A minimum of 55 acres (25% of the total land area) shall accommodate medium and high density residential development This can be accomplished through all four proposed land use designations 6 Prior to approval of any residential development west of Thompson Creek, the neighborhood commercial center should be improved and ready for the construction of commercial buildings Improved means that any applicable land use or land division approvals have been issued and all required site improvements for the land use or land division approval has been completed 7 For every 300 single family detached, duplex or town home dwelling units, 48 multi-family units shall be constructed The multi-family dwelling units required to meet the prescribed ratio shall be under construction prior to issuance of building permits for the next block of single family dwelling duplex, or town home dwelling units 8 Prior to approval of any development within a final master site plan approval area the applicant shall prepare an infrastructure plan that includes water sanitary sewer, reclaimed water and streets The plan shall be consistent with the Capital Facilities Plans for the City and shall include sufficient design detail in order to review subsequent development approvals The plan shall be submitted to and approved by the City prior to the issuance of building permits for dwellings or commercial buildings within each approved development within a final master plan area 9 Each final master plan shall include provisions for a full network of sidewalks and pathways throughout the master plan to encourage multimodal opportunities The boulevard shall accommodate transit stops for school and public transit opportunities -14- 10 Each final master plan application shall provide for the continuation of streets within the Yelm Urban Growth Area pursuant to the polices of the Comprehensive Plan 11 A minimum of 55 acres (25% of the site) shall be identified as permanent open space with a variety of formal and informal recreational improvements Prior to dwelling construction in any development, land equivalent to five percent of the gross area of each Final Master Plan area shall be developed within the community park area 12 Every final master plan shall include provisions for one pocket park for every 50 residential units within a neighborhood Larger `community' parks of between '/z acre and 5 acres which are centrally located may be substituted for half the required `pocket' parks at a ratio of 1 acre for every 50 lots RECOMMENDATION It is hereby recommended that the Yelm City Council approve the Conceptual Master Site Plan of Tahoma Terra sub1ect to the conditions contained in the conclusions above ORDERED this 2~d day of August, 2005 STEPHEN K CAUSSEAUX,JR Hearing Examiner TRANSMITTED this 2~d day of August, 2005 to the following ENGINEER SCA Consulting Group 4200 6`" Avenue SE, Ste 301 Lacey WA 98503 OTHERS Jenise Mugler Darlene Baker 15009 Highway 507 SE P O Box 727 Yelm, WA 98597 Yelm, WA 98597 -15- Margaret Clapp Henry and Jane Dragt 18309 Cook Road SE 5815 95th Avenue SW Yelm WA 98597 Olympia WA 98512 Steven Chamberlain Jean Handley 4200 6th Avenue SE P O Box 1657 Lacey WA 98057 Yelm, WA 98597 Diane D'Acuti Larry Schamm 19436 93~d Avenue SE 18217 Highway 507 SE Yelm, WA 98597 Yelm WA 98597 George Swartz James Zukowski 2410 Crestline Drive NW P O Box 858 Olympia, WA 98502 Yelm, WA 98597 Rosalie Saecker Linda J Powell 412 SW McKenzie Avenue P O Box 891 Yelm, WA 98597 Yelm, WA 98597 Bob Droll Gaye Newby 4405 7th Avenue SE 15105 Longmire Street SE Lacey, WA 98503 Yelm WA 98597 Mary Lou Clemens Curtis Smelser 15030 Longmire St 1201 Third Avenue, Ste 3400 Yelm WA 98597 Seattle WA 98101 John Turner City of Yelm 545 Mcphee Road SW Tami Merriman Olympia WA 98502 105 Yelm Avenue West P O Box 479 Yelm, WA 98597 -16- 0 of THFp~~ City of Yelm 4 ~' `~ Community Development Department 105 Yelm Avenue West P O Box 479 YELM Yelm, WA 98597 WGSNINGTON City of Yelm Public Hearing to receive comments on the Tahoma Terra Master Plan Development MPD-05-0067-YL The City of Yelm has scheduled a public hearing to receive public comment on a proposal by Tahoma Terra Inc for a Master Plan Development as part of the Wednesday August 10 2005 City Council meeting The meeting will take place at Yelm City Hall Council Chambers 105 Yelm Ave West at 7 30 pm Tahoma Terra is a Master Plan Development proposed for a 220 acre parcel of land located south of Berry Valley Road and east of Longmire Street The application includes conceptual approval for the entire property and final master site plan approval The Conceptual Master Site Plan for the Master Plan Development includes areas idenfied for single family dwellings mutli-family dwellings townhomes a community park and recreation area and neighborhood commercial The proposal would provide between 880 and 1 200 housing units upon completion For additional information please contact Grant Beck at 360-458-8408 The application packet may be viewed at the City s web site at www ci yelm wa us It is the City of Yelm s policy to provide reasonable accommodations for people with disabilities If you are a person with a disability in need of accommodations to conduct business or to participate in government processes or activities please contact Agnes Bennick at 360-458-8404 at least five working days prior to the scheduled event %u GI/~~~ Ag s P Bennick City Clerk/Treasurer Published Nisqually Valley News July 22 2005 PLEASE DO NOT PUBLISH BELOW THIS LINE Distribution City Council Packets Mayor Adam Rivas Councilmembers Don Miller Joe Baker Robert Isom Ron Harding Pat Fetterly City Administrator Shelly Badger Newspaper of Record Nisqually Valley News Posted Yelm City Hall Yelm Timberland Library ow~f T"Ep~~ City of Yelm °' `~ Community Development Department 105 Yelm Avenue West P O Box 479 YELM Yelm, WA 98597 WASHINGTON NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE Monday July 11, 2005 9 00 A M PLACE City Council Chambers City Hall 105 Yelm Ave West Yelm Washington PURPOSE Public Hearing to receive comments regarding the Tahoma Terra Master Plan Development Case Number MPD-05-0067-YL and SUB-05-0068-YL A proposal by Tahoma Terra Inc for a Master Plan Development on a 220 acre parcel of land located south of Berry Valley Road and east of Longmire Street The application includes conceptual approval for the entire property final master site plan approval for the portion of the property east of Thompson Creek and preliminary subdivision approval for the first 89 lots The Conceptual Master Site Plan for the Master Plan Development includes areas idenfied for single family dwellings mutli-family dwellings, townhomes a community park and recreation area and neighborhood commercial The proposal would provide between 880 and 1 200 housing units upon completion The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the proposals The Hearing Examiner will make a decision on the matter within 10 days after the hearing Testimony may be given at the hearings 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 PO Box 479 Yelm WA 98597 Any related documents are available for public review during normal business hours at the City of Yelm 105 Yelm Ave W Yelm WA For additional information please contact Tami Merriman 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, Agnes Bennick at (360) 458-8404 at least 4 days before the meeting ATTEST City of Yelm f Agnes~ennick City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News Friday June 24 2005 Posted in Public Areas Friday June 24 2005 ~~ THE p~~ YELM WO SNINCTON MEMORAND UM City of Yelm Community Development Department To Washington Department of Ecology Nisqually Tribal Council Agencies with Jurisdiction Affected Agencies From Grant Beck, Director of Community Developmen Date May 24, 2005 Subs SEPA Threshold determination -Tahoma Terra Attached please find a mitigated determination of non-significance regarding Tahoma Terra, a proposed 220 acre Master Planned Community located in Yelm The proposal includes between 880 and 1,200 dwelling units, a neighborhood commercial area, and parks and open space In addition to the environmental checklist, the following environmental information was included in the threshold determination / Expanded Environmental Checklist, March 2005, SCA Consulting Group / Updated Wetlands Analysis, March 2005, The Coot Company / Preliminary Drainage and Erosion Control Report, March 2005, SCA Consulting Group / Transportation Impact Analysis, February 2005, Transportation Engineering NW The City has adopted the following environmental documents as part of the threshold determination / Final Environmental Impact Statement, January 1995, City of Yelm Comprehensive Plan and Joint Plan with Thurston County / Final Environmental Impact Statement, March 1993, Southwest Yelm Annexation / Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexation, July 1994 Thurston Highlands Master Plan Application / Environmental Checklist and Mitigated Determination of Non-Significance, September 1999, Prairie View Master Plan / Critical Areas Study, December 1997, IES Associates The referenced and adopted environmental documents may be viewed on the City of Yelm web site at www ci yelm wa us From the home page, go to the Community Development Department home and choose Tahoma Terra from the Agendas/Permits menu M-t~gated Determ-nat~on of Non-S-gn-f-cance F-le Number MPD-05-0067-YL Proponent Tahoma Terra LLC Description of Proposal The development of a Master Planned Community on 220 acres located in southwest Yelm The application includes • Conceptual Master Site Plan approval for the 220 acre parcel to include a range of housing types of between 880 and 1,200 residential units, a neighborhood commercial center, and a network of open space/recreation improvements • Final Master Site Plan approval for the portion of the site east of Thompson Creek The Final Master Site Plan includes approximately 216 residential lots, 18 townhouse units, a neighborhood commercial center with approximately 100,000 square feet of gross floor area, and a portion of the community park • Preliminary subdivision of 89 residential lots within the Final Master Site Plan area Location of the Proposal The Tahoma Terra Master Plan is located in the western portion of the City of Yelm, near the Nisqually Valley Golf Course and in an area known as the Southwest Yelm Annexation area Section/Township/Range The Southwest '/4 of Section 24, and the East '/z of the Southeast'/4 of Section 23, Township 17 North, Range 2 East, W M Threshold Determination The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment Therefore, an Environmental Impact Statement (EIS) will not be required under Section 43 21 C 030 (2)(c) RCW This decision was made after review of a completed environmental checklist and other information on file with the lead agency This information is available to the public on request Conditions/Mitigating Measures See Attachment A Lead agency City of Yelm Responsible Official Grant Beck, Community Development Director Date of Issue May 24 2005 Co~~nt Deadline June 10, 2005 ne 17, 2005 Community Development Director This Mitigated Determination of Non Significance (MDNS) is issued pursuant to Section 197 11-340 (2) WAC Comments must be submitted to Grant Beck Community Development Department at City of Yelm 105 Yelm Avenue West P O Box 479 Yelm WA 98597 by June 10 2005 at 5 00 P M The City of Yelm will not act on this proposal pnor to June 17 2005 at 5 00 P M You may appeal this determination to the Yelm Hearing Examiner at above address by submitting a written appeal no later than June 17 2005 at 5 00 P M You should be prepared to make specific factual objections Contact Grant Beck Community Development Director to learn more about the procedures for SEPA appeals This MDNS is not a permit and does not by itself constitute project approval The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the City of Yelm Comprehensive Plan Zoning Code (Title 17 YMC) Critical Areas Code (Chapter 14 08 YMC) Stormwater Drainage Design and Erosion Control Manual International Building Code Critical Areas Regulations (Title 14 YMC) Road Design Standards Platting and Subdivision Code (Title 16 YMC) and the Shoreline Master Program DO NOT PUBLISH BELOW THIS LINE Published Nisqually Valley News May 27 2005 Posted in public areas May 24 2005 Copies to All agencies/citizens on SEPA mailing list and adjacent property owners Dept of Ecology w/checklist Attachment A M-t~gated Determ-nat~on of Non-Sign-ficance MPD-05-0067-YL Fmd~ngs of Fact 1 This Mitigated Determination of Non-Significance is based on the project as proposed and the impacts and potential mitigation measures reflected in the applicant's environmental documents In addition, per WAC 197-11-754, the following documents are directly applicable to the subject proposal and are hereby adopted by reference / Final Environmental Impact Statement, January 1995, City of Yelm Comprehensive Plan and Joint Plan with Thurston County / Final Environmental Impact Statement March 1993, Southwest Yelm Annexation / Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexation, July 1994, Thurston Highlands Master Plan Application / Environmental Checklist and Mitigated Determination of Non-Significance, September 1999, Prairie View Master Plan / Critical Areas Study, December 1997, IES Associates Environmental documents submitted as part of the application include / Expanded Environmental Checklist, March 2005, SCA Consulting Group / Updated Wetlands Analysis, March 2005 The Coot Company / Preliminary Drainage and Erosion Control Report, March 2005, SCA Consulting Group / Transportation Impact Analysis, February 2005, Transportation Engineering NW 2 The environmental documents indicate that the property is composed of soils and substrates that are suitable for building and for stormwater infiltration These soils will be managed on-site to provide a source of base material needed for roadway and building construction Approximately 250,000 cubic yards of material has been identified that will be screened and processed to balance the earthwork needs on the site Potential geologic hazard areas located on the site will be protected through the requirement of a geotechnical report prior to final Master Site Plan approval which only allows activities which will not increase the threat of the geological hazard to adjacent properties beyond pre-development conditions, will not adversely impact other critical areas and are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre-development conditions, and are certified as safe as designed by a qualified engineer or geologist 3 There is no indication in any of the environmental documents that there will be any potential long term significant impacts to air quality from the proposed development Short term impacts will be related to heavy equipment exhaust and dust generated from grading and rock processing activities The use of best management practices for air control will be required 4 The City of Yelm's Critical Areas Code requires the identification and protection of surface and ground waters The project proposal is on the site of the former Dragt Family Dairy that was an active dairy farm for many years and which ceased operation in 1993 The environmental documents indicate that surface waters have been identified on the site and include Thompson Creek, a seasonal Type 5 stream, and wetlands associated with this stream The former and ongoing agricultural activities have caused degradation to the site's surface water systems and an enhancement plan has been prepared to improve the described surface waters and the wetland functions and values 5 The City of Yelm is identified as a Critical Aquifer Recharge Area, a designated environmentally sensitive area Potential impacts to groundwater quality and quantity will be mitigated through the implementation of standards that are technically equivalent to the Department of Ecology stormwater manual as adopted by the City of Yelm The City has adopted the Department of Ecology Drainage Design Manual, which requires that stormwater generated from roadways and parking facilities be treated for oils, sediments, and heavy metals before infiltration The neighborhood commercial element of the Master Plan allows uses that could potentially generate hazardous materials and/or fats, oil, and greases Existing regulations require grease interceptors and hazardous material containment facilities where appropriate 6 The environmental documents indicate that there are some plant/animal priority species and habitats in the vicinity of the project site The predominant Oak Woodland and Shore Pine plant communities are located along the Thompson Creek corridor and associated wetlands, which are areas being enhanced for open space preservation The animal species have been determined to only frequent the area for occasional feeding and do not use the site for breeding or nesting The project proposal is not expected to have a significant impact on priority plant or animal species and habitats 7 The environmental documents do not identify any potential significant impact related to the use of energy or natural resources not typical of an urban development 8 The environmental checklist indicates temporary noise and dust would be generated from construction vehicles throughout the construction phases of this project Construction related activity shall comply with all current State and local statutes and best management practices Attachment A MDNS (MPD-05 0067 YL) Page 2 of 6 9 The environmental checklist indicates that roadways and pedestrian paths will be lit to provide safe driving and walking conditions The expected light is not antiapated to exceed typical urban standards and therefore, is not expected to have a significant impact on surrounding areas 10 The addition of up to 1,200 new residential units will create additional demand on the City s parks and recreational amenities The proposed master plan will be required to provide recreational opportunities for the residents of the City of Yelm Improvements generally include but are not limited to soccer fields, play structures, seating areas, picnic tables, restroom facilities, rock wall, bike paths, foot paths and an open water boardwalk 11 The environmental documents have not identified any areas of historical or cultural significance Research of the City's historic resources (1935 aerial photograph, 1918 map of the Yelm Irrigation District and Thurston County's map of Historic places, and the database of historic properties maintained by the Thurston Regional Planning Council) did not reveal any structures or locations on the subject site that have any historic or cultural significance 12 The traffic impact analysis (TIA) submitted as part of the application indicates that upon full build out, the project could potentially generate between 13,300 - 15,300 vehicle trips per day, with a minimum PM peak of 1,400 vehicles per hour The TIA indicates that, with average growth The proposal will have a significant adverse impact on specific road corridors and traffic movements at various intersections in the City, including Longmire Street and Berry Valley Road The proposal will lower the level of service and increase wait times at the intersection of 1st Avenue (SR-507) and Mosman Avenue, 1st Avenue (SR-507) and Yelm Avenue (SR-510) and other intersections along Yelm Avenue The TIA proposed specific mitigation measures for many of the identified impacts and has outlined the necessary improvements tied to specific development phases of the project 13 The environmental checklist indicates that the proposal will require police and fire protection The Yelm Police Department provides police services to all City residents and businesses The construction of Tahoma Terra will create additional demand on the Yelm Police Department The Yelm Police Department is currently located in a facility that is substandard and beyond its useful life The Yelm Capital Facilities Plan identifies a need to replace this facility SE Thurston Fire/EMS provides Fire and Basic Life Support services to City of Yelm residents and businesses The Tahoma Terra project will create additional demand on the Yelm Fire District 14 Impacts to fire protection services will be mitigated through the provision of fire Attachment A MDNS (MPD 05 0067-YL) Page 3 of 6 flow and emergency vehicle access and structures which will be built to current building and fire codes 15 The City of Yelm has adopted comprehensive Water and Sewer System Plans and a Reclaimed Water Facilities Plan to guide orderly extension of the City's infrastructure improvements These system plans anticipated the build out of the southwest Yelm annexation area Upgrades and extension of these utilities, consistent with the adopted system plans, will be necessary to provide adequate levels of water and sewer service to the subject site 16 The Environmental Impact Statement for the southwest Yelm annexation indicated that development within the annexation area, including the subject property would be required to provide water rights to the City sufficient to serve the subsequent development of the properties The property has recorded water rights that the applicant intends to transfer to the City of Yelm to provide for the development of the property The property has been assessed through the City's sewer local improvement district, which includes a commitment by the City to provide water and sewer service for no more than 89 single family residential units prior to any water rights transfer If the Washington Department of Ecology does not approve a transfer of water rights, or the transfer does not include sufficient water to serve the proposed development final subdivision approval of any phase beyond the 89 lots could not be approved 17 The City of Yelm has adopted a concurrency management system as required by the Growth Management Act Chapter 15 40 YMC (concurrency Management) is designed to ensure that the improvements required to support development are available at the time of development A concurrency determination may be issued for a proposal as it relates to transportation issues when the development provides on-site frontage improvements, the project makes off-site improvements as necessary to provide for the safe movement of traffic, and the project makes a contribution to projects identified in the six year transportation improvement program in the form of a Transportation Facilities Charge The Growth Management Act at Section 36 70 070 (6)(b) RCW states that a finding of concurrency can be issued when required improvements are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years 18 This threshold determination and adoption of previous environmental documents will be used for all future development permits and approvals within the Conceptual Master Site Plan of Tahoma Terra provided that those permits and approvals are consistent with the application and approval for the Conceptual Master Site Plan Attachment A MDNS (MPD-05-0067-YL) Page 4 of 6 M~bgat~on Measures 1 The developer shall mitigate transportation impacts through the payment of a transportation facility charge (TFC) pursuant to Chapter 15 40 YMC The fee shall be paid at the time of building permit issuance 2 The applicant shall be responsible for the following transportation improvements / Prior to the final subdivision approval of any lots the applicant shall reconstruct Longmire Street to a modified collector standard from the project entry to Yelm Avenue West (SR 510) / Prior to the approval of any development permit (including a final subdivision) which includes the 90th peak P M trip generated from the project, the applicant shall construct a center left-turn lane on Yelm Avenue West (SR- 510) at the Longmire Street intersection with sufficient storage to serve the anticipated traffic volumes generated by the project / Prior to the approval of any development permit (including a final subdivision) which includes the 513th peak P M trip generated from the project, construction of the Killion Road Boulevard extension from the property to Yelm Avenue West (SR-510) along with the realignment of Killion Road, a traffic signal, and left turn lanes on all four legs of the intersection with sufficient storage to serve the anticipated traffic volumes generated by the project / Prior to the approval of any development permit (including a final subdivision) which includes the 1,100th peak P M trip generated from the project, reconstruct Mosman Avenue to modified collector standards from Longmire Street to 1st Avenue (SR-507) and the Mosman Avenue/1st Avenue intersection to include realignment and a center left-turn lane on 1st Avenue (SR-507) with sufficient storage to serve the antiapated traffic volumes generated by the project / Prior to the approval of any development permit (including a final subdivision) which includes the 1 301st peak P M trip generated from the project define and construct the Mosman Avenue connector between Longmire Street and Solberg Street OR, continue the Boulevard to SR 507 through the Thurston Highlands property Plans for approval of all transportation improvements associated with Yelm Avenue (SR 510) and 1st Avenue (SR 507) shall be submitted to the Washington Department of Transportation and the City of Yelm for review and approval and all required improvements shall be constructed by the applicant pursuant to approved plans, and inspected and approved by the City of Yelm and Washington Department of Transportation 3 To mitigate previous impacts from agricultural activities to surface waters, plant Attachment A MDNS (MPD 05-0067-YL) Page 5 of 6 communities and animal communities along the Thompson Creek corridor and its associated wetlands, the applicant has prepared a mitigation and enhancement plan to improve the surface water features of the site for both habitat and recreation purposes Each Final Master Site Plan shall include a schedule for implementing improvements tied to the number of dwelling units of each subdivision within the Master Planned Community 4 The developer shall enter into an agreement with Yelm Community Schools to mitigate project impacts to the School District 5 Prior to the approval of any development permit (including a final subdivision) beyond the 89th lot, the applicant shall convey water rights to the City of Yelm sufficient to serve the proposed use within that area of the final master site plan and the first 89 lots The conveyance shall be made to the City through a water rights agreement between Tahoma Terra, LLC and the City of Yelm This condition is not applicable if the City obtains water rights through the Department of Ecology which are sufficient to serve the projected density of the City, its urban growth area, and the subject property 6 Prior to disturbance of any identified geologic hazard area, the applicant shall submit to the City of Yelm Community Development Department a geotechnical report that identifies established best management practices for all activity within the geologic hazard areas and only allows activities which / will not increase the threat of the geological hazard to adjacent properties beyond pre-development conditions, / will not adversely impact other critical areas, / are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre-development conditions, / are certified as safe as designed by a qualified engineer or geologist 7 Prior to building permit issuance, the applicant shall enter into a mitigation agreement with the City of Yelm which includes a mitigation fee toward the replacement of a police station required to be expanded in order to serve the proposed development The mitigation fee shall be based on the applicant's aliquot impact on the need for replacement police station, which is $310 per housing unit Attachment A MDNS (MPD-05-0067-YL) Page 6 of 6 MAR 0 4 2005 ~/ V/ \~ YEL City of Yelm Community Development Department APPLICATION FOR PLANNED RESIDENTIAL DEVELOPMENT OWNERNAME Ta oma Terra LLC - Master Plan MadingAddress 4200 6th Avenue SE, Suite 301 ~ City State and Zip Lacey, WA 98503 Telephone 360-493-6002 EMAIL sic@slcemail com 3l~ Signature Date Signature Date I (We) affirm that all answers statements and information contained in and submitted with this application are complete and accurate to the best of my knowledge I also affirm that I am the owner of the subject site or am du{y authorized by the owner to act with respect to this application Further I grant permission from the owner to any and ail employees and representatives of the City of Yelm and other governmental agencies to enter upon and Inspect said property as reasonably necessary to process this application I agree to pay all fees of the city that appVy to this application ............ ........ .....,.,.,..,,...w. .......,....,,.......,.....,,..,.,»~..~,,,.,....«..,.~... APPLICANT NAME Tahoma Terra LLC Mailing Address 4206 6th Avenue SE, Suite 301 City State and Zip Lacey, WA 98503 Telephone 360-493-6002 EMAIL sic@slcemail com Signature Date ENGINEER/ARCHITECT NAME SCA MaIIIngAddress 4200 6th Avenue SE, Suite 301 City State and Zip Lacey, WA 98503 Telephone 360-493-6002 EMAIL Signature Date AUTHORIZED REPRESENTATIVE NAME Steven L Chamberlain MallingAddress 4200 6th Avenue SE, Suite 401 City State and Zip Lacey, WA 98503 Telephone 360-493-6002 EMAIL sic@slcemail com Signature Date NAME OF PROJECT Tahoma Terra SUMMARY OF PROJECT (List type of use) 220 Acre phased Master Planned Community 10 Yrlm 4~ eni c 4Yest PO Bar -179 Yelm W.4 9X 9i Date By Fde I Related F le Nols1 ~u~~ /~ vUU I 136n1 a ~-.te3s (3601 Jab 31 ad FAX uuu c~ efn~uaus ,~P.~ ~ ~ t" ` ~U~ ~~ PROPERTY LOCATION Circle One North South East West Side of Durant Street between Longmire And Berry Valley Rd Property Address Longmire Road Section 2 4 Township 1 7N Range 1 E Assessor s Parcel Number 21 7 2 4 31 0 Full legal description of subject property See attached How does the project conform with the Comprehensive Plan and Zoning Ordmance~ It conforms EXISTING ZONING MPC R-1 4 Hours of operation N /A Total square footage of the area Total square footage in paved or covered surfaces Number of dwelling units Proposed 1 000+ Permitted Less than 1 0 105 Yelm Aueaue West PO Box 179 Yelm WA 98597 (360) 158 3835 (360) 158 3191 FA.X urmu ce yelm u a ns 00 ~ TH$ • ree fr ~ r' ~ ~ ~ 4~0 A,p', C l ty o f Ye l m D~te Received ~, 1 U 1 n 5 6 ~`7~~ C ~ ~ FIeNO 5~~ - YL ~ Communaty Development ,~ Department ~ APPLICATION FOR ~ SGT/ ~ ~'~~ ~ YELM pRELIMINARYPLAT ~~5 ' ~ ~ Fee 3750 00 plus 325 00 per lot ~ y ~ (In addition any professional service charges ~ per Resolution #358) t NOTE ALL CURRENT AND DELINQUENT TAXES MUST BE PAID PRIOR TO APROVAL~ (ASSESSOR CAN PROCESS A SEGREGATION FOR PROPERTY ASSESSMENT PURPOSES 1 I~ ~ v A preliminary plat Is a request to subdivide property Into five or more lots for the purpose of resident+al commercial or Industrial development A preliminary plat is reviewed by the Clty s staff Hearing Examiner and City Council for conformance with City subdivis+on standards and other regulations The Hearing Examiner will hold a public hearing after notifying neighbors and other agencies The plat cannot be approved unless appropriate provisions have been made for public facilities such as roads sewer and water Preliminary review will usually take about 90 days If preliminary approval is granted a final surveyed plat must be presented within five (5) years with appropriate arrangements for all +mprovements NAME OF PROJECT Tahoma Terra Div 1 APPLICANT a oma erra Mailing Address 4200 6th Avenue SE, Suite 301 City State and Zip Lacey, WA 98503 Telephone 360-493-6002 EMAIL sic@slcemall com OWNER Tahoma Terra LLC Mailing Address 4200 6th Avenue SE, Suite 301 City State and Zip Lacey, WA 98503 Telephone 360-493-6002 EMAIL sic@slcemall com ENGINEER/ARCH/TECT/OTHER SCA Mailing Address 4200 6th Avenue SE, Suite 301 City State and Zip Lacey, WA 98503 Telephone 360-493-6002 EMAIL sic@slcemall com SUMMARY OF REQUEST Lot Sinq e Fami y Lots PROPERTY DESCRIPTION General Location Site Address 1 4848 Longmire Land Area (acres) + - 1 5 Section 24 Township 1 7N Range 1 E Assessor s Tax Parcel Number 21 7 2 4 31 01 0 0 Full legal description of sub)ect property (attach separate sheet if necessary) See attached I affirm that all answers statements and Informat+on contained in and submitted with this application are complete and accurate to the best of my knowledge I also affirm that I am the owner of the subject site or am duly authorized ~jy the owner to act w+th respect to this appllcat+on Further I grant permission from the owner'm ~n employees and representatives of the City of Yelm and other governmental cies~to ~ rid inspect said property as reasonably necessary to process this app +o agree pay a s of the city that apply to this application Signed ~ Date 3-3'+~S !OS Yelm Auenue West PO Box d79 Yelm 4YA 98e9i (360) deb 335 (360) dae 31dd F4.Y www c~ efm wa us '~ C/ ~,./ 1 PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY Do the subdivision s lot sizes proposed use etc conform with the zoning of the property Please explain Yes 2 Are any provisions proposed to minimize conflicts with neighboring land uses Describe Yes 3 Is the site within 300 feet of any critical areas such as wetlands or streams? Yes 4 What provisions will be made for water supply City of Yelm Source - New Distribution System 5 What provisions will be made for sewage City of Yelm and new collection system 6 What provisions will be made for storm water and/or flood control Onsite control and Ground Water recharge 7 What provisions will be made for streets access and/or buses New streets, existing street upgra ed s mitigation and tra is impact ees 8 What provisions if any will be made for open space and/or recreation Over 60 Acres of open space is proposed 9 What provisions will be made for schools and school children School mitigation fee and School Bus Stops ATTACHMENTS Environmental Checklist (including $150 00 fee ) Transportation Impact Analysis (if applicable ) List of Property Owners within 300 feet (include Assessors Tax Parcel numbers and map ) 8 /~ X 11 vicinity map showing nearby property streets land uses streams and other features Map showing location and size of water mains sewer storm water faalities and other utilities and points of connection to existing systems Preliminary Storm water Report and conceptual drawing Copy of any covenants or restrictions that will apply Grading plan for cuts and fills over 100 cubic yards Ten copies of preliminary plat drawing(s) per YMC Section 16 12 030 not larger than 18 X24 See attached checklist for required features and information A reduced size copy of the plat not larger than 11 X17 Tree and Vegetation Preservation Plan per section 14 16 110 105 Yelm Avenue West PO Box 479 Yelm WA 98597 (360) 458 .3835 (360) 4a8 3144 F.4X www c~ yelm wa us Master Plan Approval C TAHOMA TERRA An Innovative Neighborhood Development Yelm, Washington Landowners/Applicant Name Address Telephone Contact/Agent Name Address Legal Description Existing Zoning Total Acreage Permitted Landuses Dwelling Units Commercial Proposed Landuses Dwelling Units Commercial School District Tahoma Terra L L C 4200 6`h Avenue SE, Suite 301 Lacey, Washington 98503 360-493-6002 Steven L Chamberlain SCA Consulting Group 4200 6`h Avenue SE, Suite 301 Lacey, Washington 98503 See Attachement Master Planned Community and Multifamily Residential 220 more or less Max 1,200 5 acres of Neighborhood Commercial Uses Minimum 880 Minimum 1 0 Acres Yelm Community Schools Maximum 1,200 Maximum 10 0 Acres Receaved MAR 2 1 2005 Page 1 of 8 PROJECT DEVELOPMENT SUMMARY C Total Acres 220 +/- Basic Open Space 33%+ Wetland and Creek 24 13 acres Buffer area 3 8 3 7 acres City Right of Way 10 33 acres, 5,000 linear feet by 90 feet Total 72 83 acres Net Developable 147 17 Dwelling Unrts Total Minimum 880 5 4 per acre Maximum 1,200 6 8 per acre 2 Phase 1 146 Phase 2 130-161 Example Total Dwelling iJmts Lower Area Upper Area North Upper Area South Total Single Famil 216 576 80 872 Townhouse 20 0 60 80 Apartment 12-plex 44 0 96 140 Total 280 576 236 1,092 Notes 1 Density based on developable acres, does not include wetlands, buffers areas and steep slopes 2 Density based on total acres available for development Page 2 of 8 The purpose of the master plan process is to protect and improve the public health, safety and C welfare by pursuing several ob~echves This proposal meets the City's goals as follows A To ensure that facture growth and development which occiers as the result of a master plan is in accord with the comprehensive plan and the planning policies of the city The proposed community is being planned, by the use of mixed housing concepts, ranging from economical to estate homes to apartments Large open spaces are created, linked by parks and pedestrian trails, for the benefit of the residents Modern planning and design techniques such as "Traditional Neighborhood Developments" will be employed to create a people friendly, compact community The Conceptual and Final Master Plan approval process will assure that the community can be developed within predicable guidelines during the next decades The Master Plan will meet, or exceed, all applicable City of Yelm comprehensive plan and planning pohctes of the City B To provide for large-scale projects that Incorporate a full range of land uses where appropriate and where consistent with the comprehensive plan The Master Plan allows for the maximum flexibility m community design incorporating all conceivable, and marketable, housing types Residential uses include single family homes, zero lot line, and estate Multifamily housing can include duplex, pin wheel clusters, townhouses and garden apartments To service the community neighborhoods can be developed with commercial and retail uses C C To encourage innovations and creativity for the safe efficient and economic use of land The Master Plan envisions high-density neighborhoods, clustered m close proximity to parks and pedestrian trail systems This concept creates large open spaces within the community that provide passive recreation and wildlife habitat The community will employ the most modern design concepts for vehicle and pedestrian separation A variety of housing types and sizes will be accommodated within the community Also accommodated are townhomes and apartments creating the optimum community environment D To ensure and facilitate the provision of adegicate public services Bitch as transportation water sewage stot m dratnage electricity and open space The approval of the Conceptual Master Plan will enable the City of Y elm to plan for the general land uses within the planned community The location of mayor roads and utility services are known The requirements for water and sewer services are identified, specifically within the guidelines governing these utility services Page 3 of 8 E To encourage efficient patterns of land use which where appropriate decrease trip C length of automobile travel and encourage trip consolidation increased public access top mass transit bicycle routes and other alternative modes of transportation The Master Plan is specifically well suited to meet and exceed the objectives of decreased automobile travel and increased used of other modes The entire community is located close within the City of Yelm, near the downtown business distract and within easy walking distance to local recreation and school facilities The neighborhoods within the community are pedestraan and people interaction fraendly The abundant use of walkways, alleys, and parks provide for ease of access and interaction for pedestrians and bicyclists The compact residential groupings make the _se of mass transit and alternative modes of transportation attractive leading to their cost effective utilization F To improve the design quality and character of new development so as to reduce energy consumption and demand and to minimize adverse environmental impacts including degradation of wildlife habitat and important natural features in the area Modern construction techniques will be employed throughout the community to maximize the opportunity for energy savings Zero lot tine, cluster housing and multifamily buildings contribute to the efficient land use and reduced demands on energy consumption C Natural features provide visual relief and establish a unique character for the community Where possible open space is incorporated into the design of this Traditional Neighborhood development The planning will protect and improve the habitats and natural features of the site Throughout community neighborhood units can be planned that include small parks and walkway linkages The mayor open space areas will be kept relatively intact, separating clusters of neighborhoods or providing a buffer to adjacent lands G To foster and ensure a rational pattern of relationships between residential business and zndzistrzal uses so as to complement and minimize impacts on existing neighborhoods The Master Plan envisions the most modern of planning techniques m community design such as "Traditional Neighborhood Developments" attempt to return to the residential living concepts of the pre- WWII American towns The Conceptual Master Plan is an attempt to enable the development of the new American town within the local planning and economic constraints H To ensuz•e coordination of commercial and indzistrzal building designs which will be harmonious and blending with each other and the natural environment The essence of the Conceptual Master Plan concept is to accomplish the goal of C integrated planning resulting in harmonious designs that are also reflective of the Page 4 of 8 natural environment This Master Planned community is limited in the opportunity C because of the lack of industrial uses and very limited commercial Commercial uses will be placed within the community to serve local neighborhoods Proposed Amendatory Language to Subarea Plan The subarea plan was amended on October 1994 with the adoption of the Conceptual Master Plan for Southwest Yelm The approval for the Conceptual Master Plan has expired Approval of this updated Master Plan will be an amendment to the subarea plan Anticipated Phasing The development of the entire community is not on a specific schedule Other than the initial phase of development no subsequent phases have been identified As the market conditions develop and more is known relative to residential and commercial needs individual neighborhoods can be selected for development Overall, we believe it will take 7-10 years to fully develop the property The only known phasing is identified as Phases 1 and 2 The first phase will provide for 89 single family dwelling units, while the second phase will provide for an additional 127 single family dwelling units, 20 townhouse units and possibly some limited commercial development The initial phase will also include all roads, C utilities, parks and open space to complete the development These neighborhoods are located on the portion of the property east of Thompson Creek and are easiest served by City utilities and streets Subsequent phases will require development of a boulevard style arterial street, mayor extension of utilities and the creek crossing Sources of Utilities and Services Water Sewage Disposal Reclaimed Water Storm Water Control Fire Protection Schools City of Yelm municipal system City of Yelm municipal system City of Yelm municipal system On-site Yelm Fire Department Yelm Community Schools Environmental Impacts The environmental impacts of the of the Southwest Yelm Annexation Area, the Conceptual Master Plan for Prame View and the newly proposed Tahoma Terra are outlined to several documents These are • Final Environmental Impact Statement for the Southwest Yelm Annexation and Addendum to the Final Environmental Impact Statement, July 1994 • Final Environmental Impact Statement, City of Y elm Comprehensive Plan and Joint Plan with Thurston County, January 1995 Page 5 of 8 • Yelm Comprehensive Transportation Plan and Final Environmental Impact Statement, August 1992 • City of Yelm 1997 Comprehensive Transportation Plan Update, Apnl 1988 • Class II Environmental Assessment, City of Yelm Water Reuse Protect, August 1997 • Water Reuse SEPA Document, City of Yelm Water Reuse Protect Facilities Plan, Appendix W, July 1995 • Water Reuse NEPA Document, City of Yelm Water Reuse Protect Facilities Plan, Appendix W, July 1995 • SEPA Document of Conceptual Master Plan for Praine View, June 1999 • SEPA Document for the Conceptual and Final Master Plan for Tahoma Terra, January 2005 The Developer The developer of Tahoma Terra is the Tahoma Terra L L C , an organization of land C development experts with expertise m civil engmeenng, environmental analysis, real estate investment and site construction Tahoma Terra L L C ,will be the entity financially responsible for making the on-site and off-site improvements necessary to serve the proposed protect at acceptable levels of service The SCA Group, Inc has been retained as manager of the development SCA has organized a team of professionals to plan and build the finest planned community m the region Conceptual Master Plan Description The Conceptual Master Plan has created five planning units or neighborhoods These have been planned to accommodate a vanety of residential densities One of the neighborhoods provides the opportunity for commercial and central park development All other neighborhoods require the development of minimum housing densities to meet GMA requirements and Comprehensive Plan goals identified to meet the housing obtectives of the City of Yelm Surrounding land uses are all within Yelm's Urban Growth Area and is an area transihomng from rural agnculture and rural residential to an urban setting This transition is consistent with Yelm's Comprehensive Plan and the State's Growth Management Act For the very near future, new subdivisions within Tahoma Terra will be adtacent to non-urban type land uses, however, this area is expected to convert to C urban levels of land development consistent with Yelm's development regulations Page 6 of 8 The development is proposed to assist the Crty of Yelm m meeting its principal goals ~\ within the Growth Management Act The purpose of the act is to encourage urban ~' growth within urban areas where adequate public facilities can be made available m a cost effective manner Tahoma Terra's Conceptual and Final Master Plan is designed to maximize the growth opportunities while being shaped by the Yelm area residential market conditions Mayor Physical Aspects of the Conceptual Master Plan Area The proposed community will change the existing land from a former dairy farm and residential tract to a multi-use residential community The proposed residential densities range from a minimum of four units per acre up to 12 units per acre Other areas with limited potential for development will be set aside as permanent open space and parks There is also some limited area for the development of neighborhood commercial sites to serve the needs of the new residential community The lower density areas most probably will be single family residences The neighborhoods with the broadest range may contain single family, duplex, townhouses, apartments and large-scale residential facilities As part of the overall planning for the community, an idealized concept plan was developed The plan envisions one central, open space park and recreational area, a small neighborhood commercial area and broad Thompson Creek wildlife area Throughout the mixed residential uses are extensive open space areas, pathways and sidewalks to connect all areas of the community via foot or golf cart traffic Most neighborhoods could be served by traditional front load garages or alleys, with minimum front street setbacks, encouraging vehicles to the rear and pedestrians to the front of the residences The ambience of back yard living could be enhanced by the alley's and rear set garages m many of the neighborhoods School and public park sites maybe located within the community The specific locations will be identified when the City and School District require the sites because of public need If the need does not develop then the properties will be developed into other uses Circulation Plan The circulation plan is proposed to utilize some of the existing streets leading to and from the subject site with the addition of a new boulevard type arterial to serve the community The new boulevard will connect the property with Yelm Avenue (SR 510) and the proposed Thurston Highlands project immediately to the west The internal street system will utilize a grid type street pattern made up of neighborhood collectors and local access streets feeding the central boulevard and Longmire Street, as appropriate Existing Site Conditions Soils The soils of the site are sandy and gravelly materials deposited by the latest glacial action and the flood waters of the nearby Nisqually River The principal soils are classified as Nisqually loamy fine sand, Everett very gravelly sandy loam and Yelm fine sandy loam Page 7 of 8 C The Everett very gravelly sandy loam is a very deep, somewhat excessively drained soil ~ formed from the glacial outwash The soil is well suited for home sites because of the high permeability Nisqually loamy fine sand is a very deep, somewhat excessively drained soil It was formed in sandy glacial outwash The soils are suitable for home sites because of the moderately rapid permeability The Yelm fine sandy loam soil is a deep, moderately well drained soil It was formed m volcanic ash and glacial outwash The main limitation on home sites is a seasonal wetness Surface Waters The site is bisected by Thompson Creek, a low flow and sometimes mtenn~ttent stream that partially drams the wetlands located to the south of the proposed development This creek flows north into the Nisqually River near the Centralia City Light Electrical Power facility In addition, there are some wetlands associated with Thompson Creek These wetlands have been analyzed by previous studies and are being updated utilizing "Best Available Science" techniques The property owners have a surface water right to extract and use a substantial amount of the available water This water may be used for open space, parklands, and landscape area irngarion or converted to domestic use Flora The site is a former working commercial dairy The existing land uses are either farm building and animal holding complex and pasture grasses Some marginal areas support trees and under story vegetation The property is vegetated with pasture grasses, trees and under story plants A residence and farmstead is located on the property The dairy includes a house, dairy barns and associated outbuildings However, a mayor portion of the property is pasture Ground Water Domestic and agricultural water supply to the property is currently by three wells These wells along with their Water Rights provide opportunities for domestic water for the community These water rights are being processed with the Thurston County Water Conservation Board and will be perfected prior to their use Exhibit 3 shows the basic features of the property as they currently exist Page 8 of 3 ~XI ~ AN~IVIA TERRA V~C~N~TY Mp,P Y ~,• uP Cons ~~ ~VEh ap~UNNING KG n e eNa ------- -- TM -- NTS ll li Consulting Group DESIGN/bURD qNL TRANSPORTATION PLANNING SURYEYINC nao n o o wno ay TAHOMA TERRA EXHIBIT EXISTING SITE CONDITIONS ~ 2 s '°~ F r .fib ~ .r ° c a ~~ r ~~~; f x-- ~ ., a TERRA T AHpM E C~NpiT-pNS 1- EXISTING S- ~t~ i Cory5~in9 Group 11.0 ~ ~G(t'fAtICN apU1RURG 9JRy~NG ,~__ _ ~~ -~_ ' X~ I` i~ ~ I'~fl ~ ~;! I'i ~ I~ilfllf~!~I~I I ~ ~ j _~ -_ ~ -- _ -=- -_ - ----- I'-- ---~ ~ _ __ _ __ f ~=~.i'I I _L_ I ~ L !^~I I ~ f ~~ ~~' I~~=~ I I~ , ~I I I I j f ~ I'I ~- li ~ li F-- '~ ~ ~,1=1111--~11 ~ f i,f ;~I I ~ I ~ ~ - - --~' I ~ ~ I ~ ~~' ~ I!!~ I I - _ _ \a i rr+ _ _ ~I 1 flt •~ _ z ~ `~ • ` • ~ I vt • ~ • ~ • • \ \1\ ~` ` •` ate" ~.~ ~ ~ ` .. • • • • yam/ \\ \ ~ i~...r=. W N M O n T l , CV I I ~ ~ II ~. * I 0 II r `~q5 ~~~ . • 4 \ W N t I ` • • ID _ ~~rU ~ ~ J J Z a rl ii I • • • J ~ ~ Q + I /• a O Z V 1 `• `~ F- ~ W W ` I~ `\ • ~\ p W ~ O i~ II I~•`` •• ` W Z ~ U ~ If I ~I ~\~• •\ \ } p ~ O 'I • H W it ~ I ;\ O• Z ~ Z O W i" • QQ W = U ~i III ~\ • ~ W W = O a q~' °4 f • •` ~•• W ~ O O = Z < = O W I~~ ~ ~` ~~~~ W OJ ~ W it 111 •~•~ J o N Z O t ~ ~ • • • ~I I •~~`~ `,`• ~~ ;~ TAHOMA TERRA EXHIBIT Consulting Group CONCEPTUAL MASTER PLAN 4, OE9GN/6UILD CIHI TRANSPGRTAliON PLANNING SURNEYINC anooe UND SE Avp NTS (~ 1 ~ a ~{ _ ~°'~ t F t i I 1 _ ~~ ~ t ~ ~~ l ~ w d .'~j ry 1 _ r ~ 6 ~~x '°Q w z 5 ~_ w N U a ~ U H m O a < O U Z Z W w O o WO ~ O y OJ LLI r O ¢ °m ~ vi y ~ in y p U O 2 ~ J > ¢ ¢ m w a < c = >Q m a O O Z 0 o~aa#~ ®; . TAHOMA TERRA EXHIBIT ~o~s~~~'!~p MULTIMODAL TRANSPORTATION PLANS DE9GN/6UIlD pML TRANSPGRTATION PLANNING SURVf11NG aoo 0 ow secro sa.~.y ~~ _.~ ~ r Z DIV 1 (PHASE so Aur GOLF CAURSE FAIRW DIV Z AY TONM1gME5 (PHASE 2) ~ - ® OPEN SPACE/ PARK AREA F~ Y~.3 OPEN 5 ACEI PARK AREA '~ E=.a:=~ OPEN 5 ACFI PARK AREA ; 4 i^ FUTURE } PHASES UNI75 / tACRES OPEN SPACE L PHASE 1 89 75 PHASE 2 t43 40 F C~ FUTURE PHASES 7i5 D OPEN SPACE = SOt ACRES ~`~"~ e i~ e: Consulting Group TAHOMA TERRA MASTER PHASING PLAN EXHIBIT 6 DESf~d/6UIlD qML 1RANSPORTA710N PLANNING SURVENNG ooe EE erc..y ~. ~= "~~ = - __-----_ _~---- _ , 1 r ~ ~ t -; ~'f ' =-f ' _---~ r ~ 3 i ~ ail ~~~ ~ ~ 1 _ ~~'~ - ~ ~!' ' ~ ~ ~ _ ~ ~ ~ ~ 1 I ___!~__J ~---t----- ~ ~ ~ ~ ~, ~ ~ ____----! ' ~~ ,~ f ~ ' ~- ` ~ _-, { ' ~,--_ ~ fir- ~ 1~ ~ 1~ ~ ~ ~1 ~ t ~ 1 1 1 ~ 1 ~ ~ ~1~~_ ~-- 1 ~ t t 1 ' ~ -~ ' - -` ~`~~ ~ ~ ~ i ~ ~ -C- ~ t ~ eta ~~~ f3 i t '~~ ~ ,_ ----' _-,---~- 1 1 ~ ~l ~ 1 1 1 1 t t- ~ ~ 1 ' - -' _ ! w ~~ - 4 }} ` _ ~ t i- 1 1 ~ ~ l 1 ' ~ ~ 1 1 t .~.- r- 1 i r l(} ~", ~ ~ 1 1 ~ t ~ _ _ ~ ~ ~ ____----' ~ ~ ~ -_ _ _____ , ~___--- ~` _ { __ 1 , ~ `~~ ~-1 r~ ~-~ ~ ~ 1~I ' i ~ ~ f~ 1~ ~ ~1 ~---"__ l 11 ~__-_~1~ ~1 1 1~ ~Ih-_~ 'y ` 1 ' j 1 \ ~ ~ ~ ~ ~ r ~ ` , 1 ~ i ~ 1 ,~--~. ~ ! r I i ~ - _~ ~ i _ ' ~ ~ ! ~ 1! _ ~ ~ ~ ~ \ -~ -_ ~~ ` ~ '~ ' /1 ExHIB~i ~a ~ / ~ , ~ LAND USE ~EGEN~ RESIDEN7IA~ / LOW DENSITY R4 6 NSIiY I TOW NNOMES R6 ~ MODERATE DE ~"" ~ HOOD DOMMEREIAL © NEIGHBOR ® OPEN SPREE NiS E....X~ e~ Cans~~n ®• up ID ~~~ iAi10N q~Nl~ ~VE,`ANG TAH~MA TERM` F-NpL MATER pLpN MATCHLINE EXHIBIT? - "' ~ _' K ~ 5 ~. ~ p~ ~ ~ L~IMUhETY ~ `---__- - _ _- - _---- _- ~ i / ~ ^ ~'~ - / i / ~~ _ /'~ r/ ~ -/ ° , ~ ~ / ~~~ Z I / ~ / ~ '' ~ fi UPEN SPACEI m~/ ' PARK AREA ~' ' s / ~ w+ _ j / #~~~ / ~ ~ ~" / ;~ / ~ ~ / ~ s f'~ ~~ ~~ i / ~~~' > , / ~ ,~~~ ~ ~ ~` ~ ~~~ ~.~ ;%~' 6~10~ ~ i , ~,-.~,~.- h,. ~ / i =~ ~ ~~ ~ ,. ~~ NI~QI~ -ALLY -~--~~ ~ a ~~ ~ ~'FAIRb ~~~-~~~~~~ ~~ GOLF COURSE ~ ~ ~, ~ .~~ / ~~~ ~ ~~ ~- O ~~' ~_ ,~ - -~-~ LAND USE LEGEND R4 6 LOW DENSITY RESIDENTIAL R6 1 MODERATE DENSITY I TOWNHOMES © NEIGHBORHOOD COMMERCIAL OQ OPEN SPACE TAHOMA TERRA EXHIBIT Consulting Group ,~~ FINAL MASTER PLAN 7a OESIGN/BUIID qNL TRANSPGRTATION PUiNNING $URVENNG 006 U D MAV Mg M N MAH I WASH SF) _'_ - - \~ j] ~/ ~ ~ TAHOMA TERRA BLVD I vJ / // ' ~ - - '~~ s Yd' / ° - w / _ < , ~~ ~ ~yT~_ _ Q p / 7N ^^~~ __ m , / ! 788 I ' 9~s-r xao '~ to ~ / / ~ I 7-L 1 ~ ,7~ ' xm -- -- --49TVf'AAESE- - - - - - - - -- ~ •- - N N -~ tat tat to tw taa tx tar ~N ~ ~ ~--. ~ ~ .Y. ~~ v s I I ~ 1.' *`~ +xs ~ ~ ~v ~ ~'~. {' ~ SDI 1 ~~ ~ I I I~~.? ~~ m- _ ~ 1 ~ 300,x. ~ x5 tt8 1x] xx 171 M 118 7 8 ~ yl ,`' I I sb ( , ~ ~ ~~ ttr 7~ its ro fiaa u i i ~~ tos osz tJL/n' (.~~s ~;. , ' ~ I I ----- - ~srawm-sE - - - ------- ---~ 7 ,~,~~~ ~ I ~ , m xto ~ I~x'n.58,~ ~ eo a~ ~ w w w vsl br bs sp a m a~ ~ ~- x77 , I ~~# ue,T,,,~3~ F T ~ ~ ~ ~~ I i tyb ~-y= ~ry I ' I xtx ~ I , ~ a ~ to br m re ie rr ~ rs r » ~ ~ ~ ~ ~ ~~ ~~z \V' _ ~ `~ ~ ,~.~ .~; - _ ~r-,~QTA RVE"SE-rte - _ / ~ ~~~. xts ! / '_~ _« # ~mT<. ~ st I I Q ~ I I I ~ I to ~~?'.. /\ ~ " '° I „ \ C/ ~ I ~ \ ~ ~ _ _ Q w 06 N I 13nn `c • o _ I ~_~ -- -- - -- - ~ ~ C9p~MUNITY _ _ •~ P~,RPC~ ~l ---- NISC:UALLY VALLEY GOLF COURSE NTS DIV I ° APPROX ACRES = 15t ® 34 = 22 0 40 = 40 50 = 27 TOTAL = 89 DIV 2 APPROX ACRES = 40t 0 34 = 41 ^ 40 = 47 ^ 50 = 35 ^ 60 = 2 TOTAL = 125 ^ POCKET PARK NOTE THE UNIT COUNT ABOVE DOES NOT INCLUDE COMMERCIAL! MULTI FAMILY OR THE 18 FAIRWAY TOWNHOME LOTS I ~~e Consult,ng Group DE9CN/BUIID aHL 1RANSPORTAnGN PLANNING SURVEYING E O E & e..y a w ~ _ ~ ~a 3 i i 7 (PP) ~ ~ ~~, ~ ~ to / i (PP) a tra tro ~'~'~ ~~ 7 ~ yi r. . y~ Fi - n irb 176 88 ,~ p " I / 186 1 iX ~ ~ 'y` 'rrI .yy S r~~~~ ~ ~ I I PP~ ~ ~ ~~ 101 1W ~~ ~ jW~',t 757 1 40' p ~ - ~ r~ ~ TAHOMA TERRA SINGLE FAMILY DIV 1 & 2 EXHIBIT C><ty of Yelm Commun><ty Development Department P O Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To SPRC From Roberta Allen, Admm> trat>ve Assistant Date April 1, 2005 Re MPD-OS-0067-YL and SUB-OS-0068-YL - Project Review Schedule for Tahoma Terra Attached is the apphcahon packet for the above referenced project After your mtttal revtew of the mformahon submttted tf you need addrttonal mformatton from the applicant please let me know as soon as possible Please see the SPR schedule for specifics on the revtew process steps I \SUB Full Plat Subdrv~s~on\OS 0068 Tahoma Terra\Pro~ Rev Date Memo doc City of Yelm Community Development Department PO Box 479 ~;: . Yelm, WA 98597 E L1Vd Tom 360-458 3835 NOTICE OF APPLICATION Marled on Aprd 1 2005 PROJECT NAME AND LOCATION Tahoma Terra 14848 Longmire Street LAND USE CASE MPD-05-0067-YL and SUB-05-0068-YL An application submitted by Tahoma Terra LLC 4200 6th Avenue SE Suite 301 Lacey WA 98503 for a Master Planned Community and Subdivision received by the City of Yelm on March 4 2005 The City has determined the application to be complete on March 31 2005 The3application and any related documents are available for public review during normal business hours at the City of Yelm 105 Yelm Avenue W Yelm WA or at the City of Yeim website at www ci yelm wa as For additional information please contact the Commurnty Development Department at 360-458-3835 PROJECT DESCRIPTION 220 Acre phased Master Planned Community of between 880 and 1 200 mixed density dwelling units 5 acres of neighborhood commercial and approximately 60 acres of open space The application includes a conceptual master plan for the entire property a final master site plan for the area east of Thompson Creek and a phase I subdivision of 89 lots ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION An Environmental Checklist Critical Areas Study and Traffic Impact Analysis were submitted with the application In addition the property was subject to an Environmental Impact Statement and a supplemental Environmental Impact Statement for the Southwest Yelm annexation and the original Thurston Highlands Master Planned Development Add~t~onal Information or Project Studies Requested by the City None at this time No prehmmary determination of consistency with City development regulations has been made At minimum, this project wdl be subject to the following plans and regulatwns City of Yeim Comprehensive Plan Zoning Title 17 YMC Critical Areas Ordinance Chapter 14 08 YMC Storm Water Drainage Design and Erosion Control Manual (DOE) International Budding Code and the State Environmental Poltcy Act (SEPA) The City of Yelm invites your comments early in the review of this proposal Comments should be directed to Grant Beck Community Development Department P O Box 479 Yelm WA 98597 360-458- 3835 THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5 00 PM ON Aprd 16, 2005 This notice has been provided to appropriate local and state agencies and property owners within 1 000 feet of the project site These recipients and any others who submit a amtten request to be placed on the electronic marling hst will also receive the following items when avadabli~ or if applicable Environmental Threshold Determination and Nonce of Final Decision Additionally there wdl be a public comment period when the environmental threshold determination is issued 11MPD Master Planned Development\o5 O(K7 Tahoma Terra\Not~ce of ApplicaUOn doc `JNINOZ / 3Sfi ONVI A:r- b ; ~~g ~~ ~~ ~ i Nb'1d 2131St/IN € ~~9 ~ ~x ~ €J a l`df11d3~N00 b212i31 t/WOHtIl ~^ u~ ~~~ ~L~ ~ ~~ ~ ~o~ ~ ~ N d ~ c ___ __ ~ ~ .. ^ e I I --- ,~i . W ~ ~ ~ ; f '~ ~~ Q -- _ I o €~~W ~ W i W a c s ~ a ~ ~ m ~ $ ~ t ~ ~ J ~ ~ 9g. .. ~ a i $ -tl~'.~' T t z i ~ ~ 5 1=i ~`~ b~•$l ~ 1 ~,.~,n ,~ 1 r i t I - ~ I ~ 7) ~ ~ ! I ! - I ~ I I I II - / _ ~ ~ f f z 8 e s ;~ ~ ~ ~ ~ a W ~ _ ~~ Liz rY ~ ~~t \~ ~ ~v~„~ \~.U. ~ m ~S Oi r ~ N ~\\ !r s r W O 9 W ~ \~ ~ N ~. s /0 ir~~~ + _ ~ \ i r ~N I ~`K ' ~ // ! <<) f f v it o w~ I I a > > ~~ II II II 4200 6`h Avenue SE Suite 301 Lacey Washington 98509 3485 A (360) 493 6002 `i~'® (360) 493 2476 FAX Consulting Group DATE March 4, 2005 SEND TO Grant Beck City of Yelm SCA PROJECT NUMBER 04104 AGENCY PRO]ECT NUMBER PROJECT NAME Tahoma Terra VIA Hand Delivered COPIES DATE DESCRIPTION 4 03/04/05 Binders 4 03/04/05 Plans THESE ARE TRANSMITTED AS CHECKED BELOW ® FOR YOUR USE ^ FOR REVIEW & COMMENT ® FOR YOUR APPROVAL REMARKS ^ AS REQUESTED ^ APPROVED AS NOTED ^ RETURNED FOR CORRECTIONS Tahoma Terra Preliminary Plat Division 1 Final Master Plan Division 1 & 2 and Conceptual Master Plan for remaining divisions iamberlain LETTER O F T ~tA IV S Iul ITTA L __----- __ __-- O ~ Z ,V ~ ~ M ~ rh t" ;~ M ~ w o ~ Z ua ~'' ~ a ~ g w ~ W ~ u, U z c~ ~ W ~ ~ ..4 O ~ ~ w Q ~` 0+ N W v ~ a ¢ a ~ ~ ~ .t ~ ~ ; ~ ~ a ~ 7 ~ ~ ~ • ~, ~ . t w ~ aw 1~ ~ `~ v x w tr rn Q 1 W 4 ~ ~ ,, ` H O c*} ~ ~ s ° G5 t` ' ~ 4 A ~~ ~~ x I • ` ~ ~'~ ~ 1 ~ ~ .~ ~ I ~ c.~ `° i ~ a ~ W o ,rr M x ~ ~' ~ Q~~rn~ ~'' ~ Qr-s u. ~ N aoc~ w o~~~ 7 U ~ ~ ~~ H x ~ yam, ,~,£ ~ x o ,~ ~` ~~Qr a u1 H a ~ tir w v 'jO ~ ~ L.-oraa t 1 `~ I .i~ { h ~~ .~ n- c '~ ~ n ~' ~ S~, i ,~- ~ ~~ ~~ a W u"r ~ r ".~, n U t 1 U ~ ~ ~ ~ t ~ , a.. ~~ t~ ~ ~ ~~ Q ~ V lJ ~ ~ ~ ~ -~'' r.\ ~ U sty ~ `~ .,!' -•..~ ~ S -- s- ~-~,, ~~ ~ win ~i O ? [~~~ c ~ ~ D A ~ r N ~ m Z V r C Z = c~i o ~ m 0 x m m m ~ = rn ~ N ~ m S m m ~ m ~ Z o m m p O S N N 3 N ~ O 3 m A x ~ ~ 5 ~ f ~ ~ ~ z 0 3 N ~D n ~fA~T1 ~ "~ o w + D N µ M » M Cl f 1 1 \ { - T { 1 I ~ 9 t l[_' I ~ ~_- 4 5 I f ~~ ~ z 1 ~~ t S I 1 / - . t - ~ ~ ~ I P F ~ ~ t ~-r~_v,~,•+ ~ i >, '' r _ I ~ - -- J_ -~ -----_~ r° f n i t 7 ~ t 4 i.~ y ~ 1 O °o ~ 0 f G 0 m 0 c z 0 Ci r D -i 1 O O 1 A N N N N f'~ O A O C O ~~ 1 ddw Atl Vtiif3l (pl ~1 '(~0 ` ~' 3' 'O N `:1 ~,rai ° ~ G ~ m ~~9J' 3 O ttnn N ~ _m~pp Z ~ 'D ~ O D N m m a m o~ v o ~ i m N o m ~ °,,, 3 v ~ ~ ~ ~ D Z ~ ~ o m N 4 _ UBiN%3 ~. \ . ~ ~~ sO- / O ,Y / ~ s`_ - ~ ~~,;~ -- ~~_~- ? I 1 -~ \~\~ 1 i 5 1 --~- 1 ~~ ~ j ~ a TM Pa'y''' _ ~- a- - _ ~ 1~ i - -- d~ j ~~ i9 ~~/ ~ i ~ ~ ~~ ~ i ~ ~ ~ j < < ~ -- ~~ r--- - `~ ~d;~~..~_ i ~'~~,, i Jr~ ~ ,~; ~oW w -_- ~ s S ~ =r A~ CJ ~ ~ ~ ~ A O`3= p ti~s ~~ s ~ pE9GNED BY ORA`Ap1 8Y 1--~~~ CHECKED BY 3 2005 SATE -.._.-~'~'~ SCALE - 0 n o o N O 0 g H TERRA t!> m n N W S~° N -~1 -.1 Z '~ j m '0 I wZ O ~ o ,, i EPTUpL MpsTER ALAN Lp-nID USES----' n r C O m A A O C O O n a ti t D 0 A N N U m O A m 0 c v A !/1 ~ p ~ ~ Z o C7 S ~ ~ r C N i = ~ a f m Tn m s m m m ~ ~_ c~ m O x m ~ Z G ~ m m O n N 3 N ~ m 3 Z "' °m -~ ~ A 2 ~ D 5 ~ r r Z 2 3 m m D n A '° ~ ° T"' 14 ~ N M » ~ m o ~ ~~s ~ it ~ ?® ~~ ok "~3 ~~~ G X655 ,y, ? ~~ I_ ~ O~ of ° ^'9 ~ p~5 ~~~ W z D Am e ~ ~rs p~P~ -~-- dyW ALINIOIA ~ V2JL131 VWOHVI r 1191HX3 _ _ -T ~' I .~ ~ \\y 9 ~vy~ I f ~. ~ ,ti \ \\~\\,~ ~ If f \' i _I_ ~ i ~ tz 4 t/ P ~ I ~ I .. ~ ~> .!~ _ I I ~ ~- I c ~~<i /! i ~ F ~ ~ a ~ ~ ~ m /~,/ -- I ~^ DE4CNED BY.~-- DRAwR 8Y----~----- E ECKED 0Y ~------' 3/2045 DATE ~---~----~ SE LE (A m n N W 7~' N Z N 1 m o ~ s o ~ ~ ~ 1 ~ 0 1~ ~_ w Z N ~ N -C [~ D Z i CONCEPTUAL TAHOMA TERRA MASTER PLAN LAND USE I ZONING CAFE MINI MART! CAR WASH (4BOO3SF) _-------- ______ / _ +ir l .a r ti ~Iw~~ ~ j "`a t -y k s ----- t ,n t \ / / ~ / ~ - ~ a ~ U Jt1 LJ• J._L 4~L L.LI~ 1 1 \ D TRACT'E' . \ \ ~ /' ' /t / ~ I I I I ~~ . ', . k , „"/ ,~ 199 169 197 tee 18s 1e4 tai 182 I I /- ~'~~G~ ~ \ ~ ~ ~~' ~' / ~ 191 1 z 3 4 e ~ , ~ 192 ~ - - - - - - I - - - _ \ ~ / 1B3 { ~?-. .. -..~RR7CVIEPV BrBEY_._. _ a _ .a ~ 4 ~ ~ 194 ~ ~ _ _ _ _ s_ ~~ .__ ~~. ~ - a 196 ~ , i 8 i / .C ~ / ,BB ~ ~~ ' / te7 189 799 170 t71 172 173 174 (Pf ) 176 179 17 179 179 180 181 I I 7 ~ ~ ~ (PP) I M ~ 197 ~ . I - C7 q ~ ~ ~ ~ I I a JO~ ~ / ~ '~ / ' 1 1.. I 9 / m ` /~ // /~ 1B9 //// -188 18S 161 1B3 182 181 190 169- 159 167 ,68 166 154 16. ,52 191 760 119 I I I PP) 10 200 - - i - -..~. ~.- - - ~' - - - - _ 11 t~ ~ ~ 201 / '" _'`" '~~ . I ., ~. __ ~ ...~~ `" z .~ I_~ I I I 202 I ~ T 130 - f ~ ~ I I t I 203 I ,ZB 131 132 133 134 135 138 137 139 139 110 141 142 113 44 145 148 147 t1e I I I 72 12e /! m~ I I 2D4 I I DI 1 ~ I ,3 ' I I 206 I 127 i I I 11 ~ 126 124 123 122 121 120 119 118 I I I 208 I I 12e ,17 118 116 114 1,3 ,12 111 170 109 O9 I ~ I 15 In I 207 ~ ~--- - -- --- _ _ I O I - - I tt I I ~ - { -- - - I 19 O / _ ` I I Zoe I - _ •_. _ ._r.. ~89TFf WAY'SE ` - -'+~` `f _ i_ '" '_'Q r ~~~= ...=, _ M ~/ c~~ I ~ ~ - - -- - - ~~ I I I 209 I 99 I 17 '~ m ~ I I 210 I I ee ~ 91 92 93 94 96 9e W 9e 99 100 101 102 ,03 104 105 toe 107 I r _ I / I I I .F T I ,a 211 I 97 t I ~ ae 1 2 I I I ,9 '/ , I I I I I 212 84 83 82 61 80 7D 78 77 78 75 74 73 72 I t ~ ~ / T CT • I I I I I B6 - 77 7o e9 ee e7 1 ~ I I /I / % / ; 213 _ T i-'IDOTI~AVE"SE-~ ~ y -- "f--' - t~ - -_ „ I 2, / / / ~ / z14 e3 8z I e3 52 ~ ry - ) ~ m (n 3 ' / / f ~ / ~ 215 t I I 4, 4o I ~ I I- m / I ~ 97 I 1 I 61 61 i I i 42 39 I I I 30 ~ I I ~ ~ ~ / ~_/~ / / 219 !/ ~ BS eo I 5s ~ ( 43 ~ I I I 21 N ~ _ / / ~ ¢ ~ 31 ! I I 25 ~ 'A O 89 ~ - / / ~ ~ / 69 69 49 1 M 37 I t ~ a. 32 I ,. ~ ` ~` 1 ~ ~ ~ i ` / ' / / ~ . ~ ` ` 97 4a 45 38 ~ ~ ~ I 27 ~ ' Z / ` ~ - 47 4e ~ ~ I I 2a {J J T i _ _ _ N ~/ / '/ / ~ ~ / O C ~_ -'_-- -------- I o--o ~ ~ ~, ~ /' •~/ / p~ / MUNITY , - - - - ~~ /, / / Pd ' / •/ / / / / -- ,/ o / / / OPEN SPACE/ ~ ~ ~ DIV 2 ~ PARK AREA _ y / / 1 ~ / / /_ / ' / / / / ! / / / / W f- / / / /, T ~ ,~ M M / / / _ / / / p t O O / / / S z ~- / / / I / / / / / / ~ / I NISQUALLY ~ / / ~ ` ~ / / ~~~ ~ I .r In I I ' GOLF COURSE / i / /FAIRV~f Y~ / / ~'OWNHO~A S ~ / / / / / / / / ~/ / / / / / / / / / / / / / / I / / / / / O E 664 78 FT SCALE 1 m100 FEET 0 50 100 200 LEGAL DESCRIPTION CITY OF YELM BOUNDARY LINE ADJUSTMENT NO BLA-04-0166-YL A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 THE WEST HALF OF THE SOUTHWEST QUARTER THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24 ALL IN TOWNSHIP 17 NORTH RANGE 1 EAST W M SITE INFORMATION OWNER/APPLICANT TAHOMA TERRA LLC 14848 LONGMIRE SE YELM WASHINGTON SITE ADDRESS 14848 LONCMIRE STREET SE YE M Y A „597 ZONING MPC R-14 PROJECT INFORMATION PARCEL NUMBERS 2172 43 10100 2172 43 20000 2172 43 30000 2172 43 40100 2172 34 10000 2172 34 40000 2203 SITE ACREAGE RESIDENTIAL- 7g1 SF LOTS 58 TOWNHOMES 210 UNITS APARTMENT BLDGS (7) 1062 TOTAL 73 ACRES COMMERCIAL 12 003 ACRES COMMUNITY PARK AREA 603 ACRES (OPEN SPACE) 13 ACRES BIO-INFILTRATION SWALE METHOD OF SURVEY CLOSED LOOP FIELD TRAVERSE USING A SOKKIA SET3E (000005) TOTAL STATION THIS SURVEY MEETS OR EXCEEDS PRECISION REQUIREMENTS AS SET FORTH IN WAC 332-130-090 I!~ Z r rn r z m r 3 wZ ^' D °o~ Ctl -~ 5 Z yq pr '~ b}+t r4 Q Q DESIGNED BY SLG Tz 5 LDH ~ O ~ A o ~ k a1 ~ z g ~i? ~ ~ y l~- ® DRANfI BY z ~ ~ ~® CHECKED BY Q ~ ~ v o~ >~ }~ ~ ~ ~ ~a ~ z~s ~ -_ ~ ~ ~ = s 5 ~ ^ ~~ - DATE 3/2005 ~ ~ SCALE 1 = 100 " TAHOMA TERRA DIV 1 & 2 YELM WASHINGTON FINAL MASTER PLAN N OI 10IJ E \ \ \ \ \ \ \ IJ2l 60 fi N 01104 E 1 II d7 T \ ` \ ` \ I i I \ \ \ \ \ ` \ \ ` \ ` \ I I I \ ~ \ ` \ I I \ ` \ ` \ \ \ \ \ \ I I I ~ : \ \ I I I \ \ \ \ \ \ ~ J \ \ \ I I s \ ` \ \ \ I I o\ \~~ \\ 'UT I ~ \ \ \ ` \ ~ C I I I a, \\ \\ I I \ \` \ \ m~ ~m \ ` \ ` I I ~ ` \ ~ ` \ I I I 'D 'n \ \ \ I I I xb \\ ` \\ \ I I ~ {7~ \ \ \ \ \ ` I I N m ~ Q \ \ I I I ~, \ \ \\ \ \ \ \ \\ \ I I \ ~ \ ` I I I ` \ \\ \ \ \ \\ \ I I \ ~ \\\ ~ ~ \ ` \\ ~~l \ I \ II \ I I I I I \ ICI I,I ~ \ , ~ \ ~ \\ ~ I ,, \\\\,\\,\ .~ u \~~ \\\\\\ ~u ~ ,;`\\\ ~~ ~' y F \\;\\\' ~~ Nm \ m n ~ ~ \ \\ \\ ~ ~ / `\ \\ 3 w R \ \` \ \\ \ \\ \ \\ ~` .~\ ~ \ uW ~' a - -~ m A m \\ \ \` \ \\ ` ` \ I ~ I .~ ~~ , m ~ A m Q \ \ \ \ \ \~ \ \ \ \ 1 I ~ \ ~ ~\ ~ C \ \ \ \ ~N ~ \ \ \ \ ~ I , - N J ~ \ O \ ` \ \ ' I ~ I ~ 1 ~ N 01 JJ E I ~ I IJOJ 7J iT I I I 1 1 ~ I ~I I , I ~ ~ I II I II ~ I ' ~ ~ i I I I _ - I I I I I II ~ i I I I I II 1 1 L I I t I D IIIII,I I lip 'j ~ ~I;'`i E~ ,il I l II ',~ ~ ~ -- l \~ --~-~----- o~w~ Im o ~~~ >~~~ ~ ~ I~ °Z ~m~ ~~_~ ly '~~~~~ m ~ .. o I r..o i _+ ~~_am;i ~~°~ D ~ ~ Ac=i ~~s ;~~,mv m ~~yx~°nq G7 _~~~ _C _~_ yvJ I o -y~ yy U -}- -~ ~ + - - ZX~~ 0 D D"~I.. ~N r Gl ?C n A D2m VIZ~~ Z ZyHW~ r ~ `~C ~o ~ .m..j m I m m -~ ~;~ z~~c ~ p00 ~~ d ~ ~ ~~ I YI ~ N~ 0 A 6 A ~m timD> 0 CC~ m m ~ ~~ \ 1 l ~~II g m ~N..,b ~ ~ ~ ~ Z V1n ilnF-I .'U ~~A ~o fR Wvo N f A ~ mn D w ~ ~ ~----- N~r'~ iV ~ Y ~' ~ ~ "~v~Qi~N~ 'D ~ ~~ I m ~ymm ~i 0 H ~ 1 ~ppAOC ~ O»J ~ NJ NNN ~ SNNp gymy Z ~ I I I I pCyyZ~ D µOD N mA µNN Z ag=~~O ~jl I-_ a~ --- ~ _~ i~"~ N I^~NV ~ $o ~N,I^ic°I,Q^~ $ g ~~G ~ ~ y 1~4r I N~JC Vml p0 ypC~~`Z II + ~ y~ Nf{~iD InD Dt~~Z ~ r-____ ____ ~ N Nrvi f~~p~m sl I ~ _- I I op pps ~ 1 0 , I ~ aw ;~IZAC I I! I s~ - ~ I ON m°~AQ I '~ I I I m o$ ~ A~° ~- -- - I ~ o m N~ g mQi~ ss n W Z N N ~ ~` ~~ ~o Q D A W J y~dt fn ~ T N O N °O Y a y ~ ~ NO DAIS RENSION ~~nn o ~ ~ ~ ~ U DESIGNED BY• SLG ly ~ >; S[ ~-~g ~~~ C~, ~ DRANTIBY LDH TAHOMA TERRA p ~~ o°m~S ~,~~ >e~gm CHECKED BY CONCEPTUAL 1 ~~ y ~ A In A' ~O ~ p ~~ ~~ i DD ~~ ~~F ~~0-- DA1E 3/2005 MASTER PLAN S` SCALE I ° 200 YELM m n N w y Z m 0 o 0 ~ 0o R N O ~~- O O m r 3 wZ ~`' D ~ ° n c -o z N NO DATE RENSION BY ~oH E 5 TAHOMA TERRA ~ ~ ~~~ ~~. DRANN BY ~ AERIAL 3 o ~ ~ ~ ~ ~® _ i- ~ ~= r ~ ~ CHECKED BY ~ ~ ~ EXISTING ~ ~= o€ p~~ m~ MASTER PLAN ~1 ~`' ~~ ~ ~ ~~ ~~6 ~~.. - DATE 3/2005 CONDITIONS T - 200 SCALE YELM WASHINGTON N OI 101} [ \ \ \ \ \ iJ2E Od fT N 0140 aJ E \\ \ \\ \ \ ~ I I uneTF \ \ \ \ \ I I \ \ \ \ \ I I \\ \\ III Z \ \ \ \ \ \ a ~ I I \ \ \ \ \ I I I \ \ \ \ \ I I I i \ \ \ ~ I I ~$\\~'\ A I' I \ \ \ \ O I I I ~ • I I a,\\ \\ I I `\\`\ \ ~ \ \ ~ ~ ~ \ I , I \ \ \ \ ICI ~ \~`\~` I I \ \ \ \ I I I ~ R \\`\\\ III ~~ \ am \ ` \ \ ` I 1 \ \ \ \ I ' I \ \ \ \ \ \ \ \ \ \ ~ I \ \ \ \ \ ~ I ~ \ \ \ \ I I \ \ \ I I \ I I \ I I I I ...- O I 1 \ N ~~ f J \ \ \ \ \ \ \ \ u ~ 0 \ \ \ \ \ \ \ \ .. > \ \ ~ F \ \\ \ \\ \ ~' ~ „\ ~~ m \ ~~ \\ : \ \ ° n g \\ \\ ~~ N z 0 \ \\ \\ \ .` \ \\ \ \\ N ~ \\\\\\\\ \\`\ `~ \\\\ ` r~rrrm~nn A \ \ \ \ \ \ \ \\\\\\\\ ~ \ -I I \ \ j g \ \\ g[~ \\\ ~~~([_ ~ I \ \ \ 3r \ \ ~~ \ ~ ~ / /_ ~ \ \\ \\ `t /\ ~~ ~ m m a \\\\ \\ \ \ \\ \ \ \ \ ~~\ \ O \ \ \ \ \ \ \ \ \ \ \ \ \ \ o.iwu nsevn \ y I v \ \ I ~ ~ ~ Q \ \ \ \ \ \ \ \ ~ - - I I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I 1 O N JS E ~ ~ I 1 1 IJOJ 7J FT ~ I = I ~~~ -- I I I ~ I I ~ I ~ I I II I I I I I ~ I . ___ . - ~ma>Tnwttra- ~ _ ~ I I ~ I I ~ I I I 1 v IJO1os Fr D) '~ c ~ Z U l`J p z I~F /1 v c y ~ ~ °v ~ w = m 0 n s~ m ~ y ~ g ~ "~ ~ m ~ ~°, Z ~ o S I o ~ y I~ ~ rn ~ p N L A m ~ g o [J =_ ~ ° r = ~" r' ~ $' ~ y m r 3 ~' Z ND D °o ~ m v o u , A N H ~ M N M ~ ~ rn ii ~ Z ~ y ~~~ ~s ~~ OESIGNEDBY S« - I A ~ ~ S _ ~ w ~- ® DRANK BY LDH TAHOMA TERRA CONCEPTUAL ~~ ~ ~_ ~~ 5 ~ ~ ~ ~ ~ ~ MASTER PLAN W ~ ? ~ ~ ~ ~, 6 ~~@ " ~~ ~~ ~ '_Z2o I LAND USE /ZONING o 5~~~ , I YELM WASHINGTON C -i C 7~ rn \ ~ ~I ~- \ ~ ~ ~ _ \\ ~ \ y \ \ ~ ~ ~ \ ~ ~ 84DG ~ BLDG 2 ~ ti, ~ \ (24000 SF) (24000 SF) ~ / ~' ~ \ ~ ~ ' ~ E BOG 3 ~aS~G^ /~ \~, __ /~~ ' ~~ ~ f _ ~ ~' Ir ~P k t 1 ~' i x ~ r '' - - --- - L \ \ ~~ / k ~ -~ _x ' ~ _ _ i ~ tt \ ~\~ a-a y ~ ~ y 1 J ~ ~ ~ V ~ Np tpJ wp1 ~.p1 ~ ~A 1~ i ( 8-IrtY y O o _ \~ ~ x ' O `\~ -- - - - - - ~ ; \ \ _ ~ \ A '~.~. _',-_~ . p(EW'STrSE ~ L" q.. TM~ \ ~ ~ ~ \ ~ a •~ li Y t _ ~ ~~• T ~ \ ~ I ( I I I I ( , g \ ~ ~^ ~ ~ , ~ _ , ~ N ~ ~ _, , W , 1 ~I 9 , ~ 1 a - W r--- 1 a W I Q ~ I l i i~ ~ I 43 Y I I J 1 $ I C >s ,>, x W i ~ g ~ , > ~ ~ III ~ ~ I g t' 1 I m $ I 'd' Yn I g o t~-1 , s $ f I ~ m 'b' ~^ I~ I m ffi I I m ~ I I ~. _ ~ $ I ~ I~ I c u I I'~ ~ -~ I J I ~ m ~ I I ~~ I I ~ ~°^ ~ I i I ~ I r' N ~ I ~ ~~{~ ; 1 = ~~D77 I I I + 8 S I t~ ~ I ~_ FR1I, u+i ~ y N r I ~ M Lt I I I w $ { I w ~ I ~ I I I ~ fil 1 U I I `~ `13 I I ~ ~ i. f ~ ~ ~ t~_ _ _ ~ ~ r I I ~ a {{ I I j t l l~ ~ y ~ II{I m g l I ~ yy~ 1;, I P I a u 1I I ~ ~ v I ~ -1 ,~ t r ( r- 5 I Il t ,j I~h ...k_. R I I~ I ~ ~_ ~ I ~ m I ~p ~ I r ~ I t `T ~ $ I I I ~ I ~ ~~ I I ~_ ro N II ~ I I '~ ~ ( I ~ $ I yI I ~ :1 (j I x' S I I { S I I ~ ~ I I I . I ( ~ ~ I I g ~ I I o W ~ ' ~ J" ~t~_ ~~ { 5 ~ ~ t J 5 S 4 5 '~ 3 1 ~ ' t I - - - - - - - - - - - - - - - - - I I I ~ a ~ ~ ~ i u {~ ~ ~ m m =1 'w u. w w N ~ o a -~ a a L I B 1 _~ _ n F Z m v R yl 8 A N A N N U N A m Z N `~ ' c~ v ~ ~ m > m y ~ IL ~ ~ > ~ ~ p ~ ~_ Nlnzo yn ApA ~~~ ~- m - mmmr 3 . y ~ ~ ~. r~l A r~ z ~ ~ ;m y i ~ ~ ~ C - -1 ySS~GA Fa zy~' ~ ~' o~mo ~ = ~ ~ ~ r Ai ~ ~ a Y~~g $ ~ s `~ ~ ~ ~ ~ ~ m ~ ~ ~ ogg~~; °m Z~ v ~ I^ ~ ~ m m i N N A i f ~AAm~p n E N~ D 0 ~ 5 to N -i . = ~tnC fnO AA ~..'~ ° (~ m [^ ~ ~ ~ N v 1° ~ w~ -~ ~ C F . ~ i=~ j ~ rimryC ~ ~ A~~~!'Z _ 0 N m ` y m C f Q U b ~ N A ~ 'I D f ~ O T my ~g C ~~ O Z p p p ~ m o ~ pn t ~ 7 ~ y < FF I J~ o N N H- n N C S~ m r GAO 3 j y-1 .yy AySSN Y p ~ -~t ~ y ~ m~$CN= N myy ~ ~ R N ~ Fi ~ r ~ In2 NZ~ Z ~ ~ j p L ~ ~ O n ~ ~ ~ y ~ y~y ~ m 0 ~ y < ymD m i p Zm po Ymn ~xlA~ A~ N "1 N p f > ~ < p _~ y D C pI ~ p~l ~ AAA11 ~ ~~ rS tl N O p O N D y rn. 2 ? CaCp n DESICNEDBY n~ TAHOMA TERRA ~ ~ ~~ ~_ 4 S ~ ~ ~ DRAWN BY LDH z w z ° ~ ir° S ~ ~ ~ ' p® ~ CHECKED BY D IV 1 ~_~ ~~ m~ z IIQ ~ ~ ~ s si ~ ~ ~ $~ ~ * ~~- I DATE 3/2005 1 ~ m ~ cs+ ~ c ~ scaE I - t 00 YEIM WASHINGTON ~N m m r n D~ __ y Z ? ~~ D m i~ ~~ C "'~ ~' 1 m r w~ N D ~~J1 "~ ~r D Z PRELIMINARY PLAT MAP n N .p w J s'1 Z ZNq`-' m N~NT 3 aGpn V~ r~ ~ p T~~m ..{ Fmmz~Q' A ~~ioo ~ Zo~'"o ~ 55~~ ~"~v 'd ocL"y"m rn ixp,~ O ~A~m~g N fmN'^ -rt ~~~~ o ~ nN-,6 :DSA ~DY ~~N~ < ~~~~~m 0 D o c -G c c og~~ >~"im~N ~~~Nm~ mur> `"~~coi i`~x mocq~~~o N~D AAA -~~~rr N ~ ~~ A ~ 0 - ;`OTY Cp T ~ p ~ ~ O n P A 'p~ $ ~~~ Y ! DE4DNED 0 _-- on ~ DRA'~ BY ~-'.~' p ~ ,^r ur '^~ `~ ~ ~ 7~ ~, cNECXEO 9Y p~i sscc '¢ ~ v_ > p i5 g ~rN' ~ ~~~ m~ ~ $ ~IM.~. pI,TE ~ 100 O N n 0 0 O T HQ~A TERRA p-V 1 -a f~C r_ W ~ ~, a pRELIM~N~RY G CQNp171~ EXAND T~ppGRAP~ A O O ' ~ A W N~N~ 3 ,cA~~~ m `' ~ ~ u~ op ~ nui (Wft t+1 ~ Fm~Y~~ O y - %$~ v °°g~ ~ ~n fm~rn T yi r~~r~M1NO tDiv°~~6 N -oA~~NA 'O I ~~~ m A~m~~m z ~~~m -t ~ioo`~c.~,Q orpO"Z ~' a~~~r+~N MNDOo `"~QQ~°coz ZAF NDy~mO N~> ~RA~o~CO ~~ f AAC i ~O Oq~O A A~ Z ~~°' ~.~-- t ~ ~ 1 ~ ~3 ~aa ~ p~ O~ ~~' ~ ~~~ ~~ I of ~ ~ r~ S~ .m I~ W ~~ ~ ~ \ \ ..- +~ _\ ji' ~' ,~\ y '~,~ \ `'~ m 11 III ~ ~~ 1,' ~ ~Q ~ i ~~ ~ E ~ ~ i ~ 1 ~ ~~ ~1 I11 ~ ~ $ ' I ' II ' 1 1 ~ ~ ~ ®®® 8 ~ ' 1 1 s 1 1 1 I ' I ~ I 3 ' z~ wg ~~~ ~ ~1 L ~ '~ ~ ,c m Z C ~ C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ t~ s ~ o ~ r ~ ~ ~ R ~ ~ z s ~,$ ~ m u~+ O vao~ ~~~1-~c~~ tJ1 DC ~ r "' " S~ ° y Appao O A~V1A ~t'1A2~1~ $ ~ ..{ o ~ z~ N ~'on gipp`- `Y"'^ .^0 S„ O~ O D M r N A O ~~p7 ~~Q mpr mUl r ~~Cpp)C r~~m~+1y A~o Z.1m ~ m2~ AZ~NY ~~ D N(D1N ~O nZO AL -~~ SD-D '~O'r_~ ~~F1 N`^m~iN O Z N Z tVtJJ~~~y ~qq ~ m~A ~qZZ o ~p FNS m 9 ~ 31 N rn y z en 0 o ~ 0 8 N -v R r __----- .~ERRp TA-{~~A D-V ~ DESIGNED BY `-'-, OR~`MN BY ~-~- DHECNEO BY I OAtE 100 15 scnLe ~.--~' NamyA ~m`n, ~ o°D~,oivpp~,°~pp Z ~A~ M~mm Dv~~ ~~~~~ZZ;Z ilOpoDa iAON I^o> ~m~N~OZ~uo~c~ N ~D SQ ~~ V'-I Y~~Z~ 4i to ~ ~ o ~ pp ~~ Zo ~o~mQi Q^A N; CO U1O-7O D ~N~OOmXF ~f'~my O ~Qpp ~pSDA~ ~F r~~I A$~ZSZyG N ° O~9OAD OCx NV~m~g OO Np~N~ Zr.I ApC'O In0 SO~~pZ~~DV 09 (n ZNm ~ ~N Z~OM Dayy F7-0f~y9U p~pRI to ~~rI~ Z A~ ~A mzOtZn pZZ~pZ ~~ qO OA D~61 DN ~C~=vrOr O~; NA {On ZOT V zF N~N--11~ ~D AO ~ AD~tD OCO ~t(f'~'nZA -1 mO ~t~~0 Zfn m F~N IAO y A ~ A G m O Z F -~ t7 pprv 47 ~A pN~N N2 xAn (~~j, Z ~' "~ O Y m~~F~~~~~~ i za~~r+m~~~> ~ o z ~c`n`"~m~ oZi a6O', 7W C)~ V1 ZO -IZN~C~Z~ VV!!~ O G~Q1N~ G)C NCO W'9 FnG 0p~9~ mid Z~NN~opp Z~Ny~%O fnS~ZU~ ZO.in ~~ A~I N~ n 0 0 Na Z ~ L ~~ D OO ~ n x m ` 4~LUu~ff~~Ntp ~~ x~S~~Z~L> t~ ryc ~~mZ a ~ c v, 1 m 1 1 ~1 ~ i ~ 1 , i` 1 ~, I u ~~~ ~ `' 1 iy J w; 0 p ELIMiNARY GRAp-NG~ pRA-NA & ERASION ANTI F c v v i I N A tP U U ~o m -t g 0 ~ ~ ~ ~ ~ ~p ~ 3 ~~ ~~ ~ ~~ ~ ~\ ~~ n -~ N D ~~ ~1 O N O n S Q m N ~Lmr' ~ 9~~~v~ K ~~'~ m1 ~~~mcZi ~ A$ ~ Z ~ ~ O Z~o~ o ~j Z ~ ~ ~~~~ frt mrr T V nN o ~_ '~x-I~z r ~Aa O N 9 ~ Nm..I~ ~ ~cziy'sD~ ~4~ ~ G o Z ~ ~i i mm°' Q N m oo O y to -~ ZAr^~nm ..~ ~ zi pp omZN ~1 pg NO n G .-1 GZl M D C M Z ~Z1 0 ~ M Vf VOI V cpp~mN ~ . Z CAF - 1 l~f~'~S t Ind N,~v Z~m Zmmini ~~; ; ~ CA~ N ~ ~ m a~^'- ~.°~ ~ ~ Q n~~ op~ O~ V~ ~c ~ ~ ~ 3I ~ ~o~ A v~ I, ~ C: em I ~ ~~ ~ fa ~' ~~ `~ Yid ~ II - pESIGN£D BY ~ ORAYM BY ~~ ;,II CHECKED BY `3 ~°~.-. e~ _. DATE ~ ~ 10~ SCALE ~~~ \ ~ \ ~ ~. ~ \*~~ \ I r { I ~ ~ ~ ' , I 1 { `~ d i 1 " ~' ~~ o 1 ~_ ~{,1~~`i`7 ~ 11 ~~ ~ , ,~ ~~ i I ~ ' I { 1 I { 1 1 g ~ • r ~, 6 E I { 1 ~ ~ , { 1 I ~ s Q ~~ ~''g~ ~ ~ ~ ~ y ~ ~~ ~ ~ ~ ~ 2 ~QQ ~ ~ ~ i Fn ~ ~ -~ a ~ s 5 .1 1 ,~ ,_ ~{ i r 1 V I t I 1 ~~. it 1 1 I ~ 1 i { { ~ { I 1 1 1 1 1 ~- TERRA TA--IOMA ~~ p1V 1 rn~ a .i Z ~m m r w~ o ~' O ~ ~ I COMppS-TE UTILITY PLAN n F i c 0 D a 1 1 N U m m O ~o C O L'i \ ~ ~ 1 ~ ~\ O N C) O 8 g C'1 .d N p 6 vm'mma 3 rN~~~r O i ~od$ C1 ~~~ o 'O"6 ~'~+~yy << N N~Ym C V1 N A ~~~m ~ p~ Z N O C ;ND N q~~ tf~ ~- DES~GN£D BY $~ -- O _ ~ ~ ~ ~® DRAWN BY ...----- CHECKED BY ~.~---~~ A I~ . °v_ ~ o L a't ~ ~ C ~~ G7® ~~ _ DATE 100 ~ ~ ~ ~ ~ s ~ ~'~ ~m 9 }~ `~ L: E cii ~ ~ ~ SCALE `_~ \ ~ i s ~ 1 I I 1 I I f i ^ ' F~ I 1 ^ I t 1 I 1 Y r rn v ~ ~, V A m O X O N ~ ~ ~~ m ~ o A `n m i zmi z'J F,n N ~ g N ~ ~ ~ N ~ ~ N ° ~ ~, '.' N TAHOMA TERRA PHASE 1 "~ Z d q~ 1~~ 'O m r_ 3 wz Nq o~ ~~ Z CONCE CAPE LANDS PLAN T 9 ZmN _ m C g ^ p Z;~m O m 1Npd VO 0~;~ ~ 2~4 < r8 2 vom~ z ~ DZ?O VI O t Q fsl Om ~ N ~ ~~ ~~ 1N3V135r311nLLn o ~J mm m C ~ m - - - - - - - =~o~ ~ ~ H ~ C Z 7nrM305 u ~y I ~ (mil ~ ~( ~ ~ nA 3Nrl 3MI8 u. ~ ~ ~~~ m ° Dldlrtll ~g $ ; ~~ Qy ~ t f o ~~ y ~ O ~ry ~ ~ 3Nrl Olflrtll ti ~ - - 3Nr1 Ntlnl 1d31 O1 8 AYM OMl q r ~ ~ aNr, DOirtll ~ ~ o ~~ D ~ 3 DL1lVtll --I ~ z ~ -fi ~ `~ Z7 O n '~ 3NY1 3MI8 u D ~ O m~ NT~M305 H Z7 p ~ - -- ------ - ~ -~ m ~~ ~~ 1N3rOSr3 unun q ~ ~~ ~s N r A y~f ~ a ~ ~ Z N 1Ngd /YJ1Y0 ~ ~ ~~Z,, <pO<N -' =L~.mj 2 .>m~ ny?CA N F ~4~~ ~ ~~e= ~ D ~ ~;'^~ czi N t~i~or~ m AZ~y t D 1^n~N y~m - - - - - - - 1NaNasra - - - - - - 4 unun - -~ l dR4S tl3lNrld a ~p~ 3NnMOl! C ~ 3Nrl ONMtlVd ~ ~~~ ~ 3Nr1 OWYtll _ _ _ ~_ 3NYl Otif1'tll 3NV1 CMKIIrd ~ 3NnMOL I ` dRLLS tl31NYld R I _ - _ _ NIYM306 K _ \ (7 1N31135r3 e ~ unun 1NKId Ig1YD Stt~m J r~ z - >Rz s 1 oyp ~ DZ?O ~ O l\ -ZiymC z yy~~~ x Com~ G=i N n.Z)oQT~ ~ A2^'y C 1^~gg ~ ~mr ~~~~ ~~~ ~ ~ ~~ l ~ np ° p C7 -~ ~~ o~ 'D fT1D mo nn ~~ Dm o~ ~ ~ r~ ~ a I ~ rn~ ~ 1NaNasra ° unun A ~pG~~p - 1~ ') / N1rM305 dItlIS tl3lNrld 7rm oenKtlva N'- - _ 3Nrl OlidrtlL - - ~ _ - ~'_~ 3NVl ~L{!r!LL 3Nr7 ONOIWd dItLLS tl3lNrld Y ^~ A - _ _ KlrMaab u _ 1N31135Y3 unun ~~ 0 1Ngd IDl 0 ~ZON ~ [] m m Ft Z ~A~m O A Z?;O~ ~ O~;A Y >gZa ~, a ;g~~ ~ ~~°~ ~ oy~ D ys Z-ZI , .(1Am(7 Z y~y~~ O 2 mDgN s ~~y~i ;y °z~ O m rD- m T ~ Z n O= ~~ mp C~ ~ -a = Op _w .~, ~ O g~ ' 8 ~ o 1Nad ND1rD `++ ~ 1N3n35V3 0 1 `'~ - -t-- \- .nrN7 S f- 2 L dItl15 tl3lNrld y Q ~'~yl R, 3NY1 DOdrill 'a 3NV1 OOdVtll 'a D 0 D m 0 C v ~ ~ ~ D~D~~ ~~~~< zcncm~ Z mmmzcn m m "' "'1 ~, m m 3 m n r O 0 ^^z VI _3 m N N m dltlib tl3lNrld .{ N - - _XirM305 ~'_ 1N3N35r3 unun 1Ngd HD1rJ (rn~~ N a I~ m r 3 w Z N D 5 Z N NO DAiE REVISION O ~ ~ fi! ~t '~ C 5 0' DESIGNED BY SLC IJ ~ $~ Ok ~+ S l~z~~('Cl~ ®J,i:, ORAMNBY LDH TACOMA TERRA j iL ~ IgQ C®j® CHECKED BY STREET & SECTIONS ~° ~q °~ ~ ~ ~ ~ ®IV 1 DETAILS I~ ~ o ~ ' ~ e fra ~ 6 O~~ _ __ 3/2005 a ~ ~ ~ ~ ~ SCALE N i S YEIM O~ Z~ -n n ~~ ~~ 0 z! Zvi Nm n m^~ N d g x 0 t1* i i N } (f~ lP A t'p~ G O 4~ ~_ r 0 '~ Z v+ ~ 1 d ~ Z n "^ ~1 r r1 Z ~ 0A N zmm ~z ~m z .~ 4 D ~ a o\ v r d \ ~ \ a Q ~~~ ~ ~ 4~ ~ \ / rte. ~~ m Z ~~~ o A ~ z ~ ~o N ~ ~ ~ > U+ ~ Z N N FN O f DES~GNCO BY ~ I ~~gg pn ~~ ORA'M~ BY "'+r~'~' yyi c^ G..s- ?~ ~ ® CNECKEO BY ~--~~ O ~ c'~~ ~~ _ ~' }., '~{ a, ~ `9~ °° YY OUSE N- "O ~ ~ ° & ~ F ~~ 6 ~p ~" ~ sc~ic ~~ ~ z AND pM -~EFiFtP- ®-v ~ -J Z `Pca PR L1M1Np'R LANpsCppll pET A1LS =M ~~ ~~ ~~ r z ,~,,.:~'.~nc~ ,n ~° as"",'"' ^.~, wru+°sx }~ R -e ru x* m vaa y7 m .r...- ~.a '~ ~ .~u,~w aa..~u^rve ~+ ~w.rt '~"~ ww n'e'n mws.^ "a" v ' w .n ~wrtw c ^~'`rw'zs+a. va a~ ~ i §~ ~u ~ ~ ~i 9 4 ut. ` U v j ~ \ ~ C ~ fi7 It ` ~ , ~ \ _ -, ,~~~ .~ ~ ~ ~'~ r ~ ~~ N /I ~ ~ ~ ` 4 L S 1~ ~ t 1 ~ ~~.~ j ~ x t "° y 4 t " t, ~ t f ~C y ' "~' ~ ~' i ~ , r f ~ ` _ ~ L r`+} 4 1 x" a ~~ ~ 3 ~ M x M t S 7 ` ~7 4 5 ~` ~ 3 '°'tY 4 d ~~' t^ W* 1 TO ~~ v k x e k ,x ~' 1~ ~ , ~~ xa Y O ~ t' N ~~ +C "'~ ~ ~ ~ l ~~ n U lJ A ,~ N ~ ~~ ~~~ ~o~ ~~~ ~~,~ m O (~ ° m \~ 3 ° m ~' Z ~ = m m O T O ~ Z ~ v m ~ Z ~ < g T.,, ~ A 7 r 3 d ? o ~ rn ~ ~ ~ s ~~ ~ s 0 Z W '" q U "~ ~ H 14 G1 t0 N H m H ~ ^ O h^ ~ ;'~'-~' ~ $ 7 ~ ~ N ^ Z~ `fin cA ~~ < ~ c ~ Waa v' O y b l~ ~ "ry ~ i ~' .. 3 r~i ~ an •+ t~ ~~~ ~~ Z n f ~, '~ K a ,~ ,A ~, ( ~~ ~a .} __ ~ ti S a ~~ i ~ , A,.,~w+wa +.~naxeuvla 1 r ~' ~,.,.~ n m 6NFORMATIONAlr ,~i~tv~dica~ IV~VVS~ETTER Volume 0, issue t February, 2445 ~~ .. ~~ i~~ ~: Steven L Chamberlain 360.493.6002 a~ o~uglas R. B4or~rrs 360.446.3063 The area slated for develop- ment has been know as the Dragt Farm for many years. It encompasses approxi- mately 220 acres of land that was diary farmed from 1974 to 1993. The area is located at the end of Longmire Street in Yelm. After the clo- sure of the dairy farm the property was annexed to the City of Yelm as part of a larger Master Plan process. ./Ylayte>c JP.an Tahoma Terra is a 10 year phased Master Planned Community to include ap- proximately 1,000 single and multi family housing units, as well as related mixed use commercial facilities. Pre- liminary Plat and Final Mas- ter Plan applications are cur- rently being processed by the City, and approval is antici- pated early Summer 2005. Phase I of the project con- sists of approximately 89 lots beginning Summer of 2005. The initial Phase will include all roads, utilities, parks and open space to complete the devel- opment. This phase will be located on the portion of the property east of Thompson Creek. Phase I is projected to be completed in Summer of 2006. The development will also include one pocket park, per 100 homes. This will pro- vide recreation facilities throughout the development. The boulevard access into Ta- homa Terra will include a beautifully landscaped center median and provide a connec- tor to 42nd and possibly SR507. Along with Phase I will come much needed traffic improvements to Yelm Ave- nue. 3utwce JPur~e~ The remaining phases within the development are not on a specific schedule at this time and as those plans are finalized we will provide you with information particu- lar to each Phase. The pur- pose of this publication is to assist the City of Yelm in communicating the project status to citizens. As addi- tional information becomes available we will supplement this material. If you have any questions, you may contact either Douglas R. Bloom or Steven L. Cham- berlain at the numbers listed in this publication. View of Mount Rainier, looking east Tahoma Terra TAHQ~~' TERM` V ~~~~~~ SAP EX~ H~B1T ~ a~.~° x ~'` a ~" srt ~ ~ ~ ~'. ~~' ~' ~a ~ ''~'*` ~ m~^ r '~.~,^q ~~ ~a r ~ ~ r ~ ~`; . ~~ rui~iur, Historically The area slated for development has been know as the Dragt Farm for many years. It encom- passes approximately 220 acres of land that was dairy farmed up to 1993. The area is located at the end of Longmire Street in Yelm. The property was annexed to the City of Yelm as part of a larger Master Plan process in 1993. Master Plan Tahoma Terra is a 10 year phased Master Planned Community to include approxi- mately 1,000 single and multi family hous- ing units, as well as related mixed use commercial facilities. Preliminary Plat and Final Master Plan ap- plications are cur- rently being proc- essed by the City, and approval is antici- pated early Summer 2005. Phase I of the project consists of ap- proximately 89 lots beginning construc- tion in the Summer of 2005. The develop- ment will include all roads, utilities, parks and open spaces. The boulevard ac- cess into Tahoma Terra will include a beautifully land- scaped center me- dian that will provide a connector to Yelm Avenue. Future Phases The remaining divi- sions within the de- velopment are not on a specific sched- ule at this time and as those plans are finalized we will provide you with in- formation particular to each Phase. The purpose of this pub- lication is to assist the City of Yelm in communicating the project status to citi- zens or interested parties. As addi- tional information becomes available we will supplement this material. If you have any questions, you may contact Nancy Connell at 360.239.9271. W ~C C~ Q H vi uo W LL O >- f-- U ~_ ' ~' ~ + ~ ~r~'~~ ~ i r, ~~ ~ I ~ ~ ,~ ~~~ \ ` I ~ a + ~~, / ~ ~ ~ ; \\ 1 ~ , J ~~ dye I ~ \ 1 ~ ~~~ ~ ''~ ( m ~ ~ t ~ 1 pW ~ ~ ~ ~ i'C. ~ ,~ ~ ~~ L I ~~ , - - - ~ ~ - - - ~ ~ ~ ~ (~ ~ ~~Y-- ~ Gj ~ t ~"'~ ~ ~ ,~ \` ~unanQ ~ ~ ~m• P~ti~ ~`,.' _~ ~~ ~~ ~~ , ~\ ~ ~~'~ ~, ~s I I ----~~~_ ~ ~ ~ ~ v ~ ,~ {~ V J / ~ \ -~ ~ ~~~ ~ ~' TAHOMA TERRA DEVELOPMENT REGULATIONS Chapters 17 --_ General Provisions 17 - Definitions 17 -- _ Low-Density Residential District (R-4) 17 -_ Moderate-Density Residential District (R-6) 17 --}_ high-Density Residential District (R-14) 17 --- Neighborhood Commercial Development Chapter 17 ~~ GENERAL PROVISIONS Sections 17 010 Title 17 020 Intent 17 030 Interpretation and application 17 040 Exemptions 17 045 Related chapters 17 050 Permitted intrusions into required yards 17 O10 Title This title shall be known as the Ta`~oma Terra Development Regulations, a sub- section of the Yelm Zoning Ordina~~ce 17 03 020 Intent It is the intent of this title to A Facilitate orderly growth and development of the city of Yelm, consistent wit the policies goals and objectives of the Yelm comprehensive plan and the Tahoma Terra Master Plan approval B protect the healtn, safety and general welfare of the city's residents C Promote sound economic development and protect property val~_es D Preserve and protect vital aspects of the natural environment E Designate land use districts and provide for compatibility between the several districts F Provide flexible regulations and controls for the intensity and character of lana use G Provide for the administration and enforcement of the regulations 17 03 030 Interpretation and application In their interpretation aid application, the provisions of the Tahoma Terra Master Plan approval shall. take precedence 17 03 040 Exemptions A The following structures and uses shall be exempt from the regulations of this title 1 W?res, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity gas or water or the collection of sewage or surface or suosurface water, operated or maintained by a governmental Pace 1 of ?2 entity or a public utility or other city franchised ~~ utilities including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during building construction, whether any such facility is located underground or aboveground but only when such facilities are located in a street right-of-way or in an easement less than 25 feet in width This exemption shall not include any substation located on or above the surface of the ground or any such distribution facility located in an easement of 25 feet or more in width wnich shall be regulated by the provisions of Chapter 17 66 YMC 2 Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment This exemption shall not include any facilities and equipment listed as special uses B The approval authority may exempt the following from the minimum setback requirements set forth in this title when the structures are located outside the public right-of-way and are obviously intendea to serve the public interest telephone booths and pedestals, utility equipment, mailboxes, bus shelters, public bicycle shelters or any similar structure or device 17 03 045 Related chapters For an integrated project review process, see YMC Titles 14, Environment 15, Buildings and Construction at Chapter 15 49 and 16, Subdivisions (Ord 597 § 9, 1997) 17 050 Der-n~tted intrasions znto required yards A Cornices eaves and other similar architectural features may project from the foundation wall into any minimum yard setback requirement a maximum aistance of two and one-half feet B Open, unwalled and uncovered steps, ramps not more than four feet in height may extend into the required front or rear yard setback requirement not more than five feet C Decks ana patio covers may be permitted to encroach into all residential district rear yard setbacks, provided a minimum setback of 10 feet is retained and proviaed such deck be not more than 16 inches above existing natural grade measured at deck floor from the highest point and provided, that such patio cover is not enclosed in any manner In no case shall the deck or patio cover be constructed in a required side yarn A building permit is required for all decks r~ D Awnings and marquees may be allowed (~,/ within required front yards and over sidewalks or public rzghts-of-way in commercial and industrial Page 2 of 21' zones if all the following requirements are satisfied 1 The approval autrority determines that placement of the awning or marquee within the setback areas or over the public sidewalk does not impede vehicular or pedestrian traffic flow or create any other type of hazard to the public 2 The awning or marquee is specifically designed to benefit pedestrians by the providing of shelter and creating a friendlier pedestrian environment 3 That development of an awning or marquee within the setback area or over public sidewalk is consistent with goals of the comprehensive development plan, t'~e standards of the specific zone in which it is proposed to be located and consistent with the character of the surrounding neighborhood - ,- G__ r~,_ _es - aacora~ re Na_ s « Ne car _t~ec _~^ sa~._r~ : ~ar rc° s- u~ ~aral or aecor ~e - s _:, . - ~~- `~a- rea arc Oc- Sp ~e --~ -{ - _. - - - l_ ~G~ _lV~ - araGs a~c -_ - -.r - _ r - ,~ "lc c_ ..c_ "a_ ;"'JCr^GOCS _ , _ c ~ . _ _ _-- -- - ~-` -- - `"e 2 "CGC Or - ~C a^! CCi^iv"' Oct" _, __ ~- ~ is i.2 C_ ~^,e~ CI-P '^c~^i. °_"- Cc -- - -- - -- - -- - --- ^--- - ~ _ _ S - ---` _ ~ 1C`~ -.,E CO spa S:`,= - - '=c _S - - _ ~G-C n /e_ - /L~ -_- -.y] ~ _ _~ _ - `4! ~ C ` - '7 .- _C^ - C U u~ _.~_ .Ju Pa.e 3 of ?? GOL~2vGr: n1__1 Ge CW"ea arc '"a_"ltd_'2a YJy tale c_ty OZ Yelm bless otherwise agreea ov oc`^ t~e Clty a~~d t'~P aeJelober ~ y'1 JQ~. S`re--L S~G^aGeas 4 ~..o__, Grc Gr_ rate s`ree_s ~ocatea ,a_t'~~n ^'ano*na Terra W_ ~ 1 enerally fol~ ow -~e City ~- "e_~ street standards as adopted it 2005 (see the preferred standards attac~ed) For purposes of nei hborhood consistency and predicta~~lity, road standards shos~d not change within Tahoma Terra regardless of future City of Yelm street stancard u dates B The ;~rldge structures over Thor~:,son Creek wail be mainta~ ned b~~=sae e-~=~~ es ~~ ~e-~~ ~ ~~ 1.•0 Dv tic C_ty Gf Ve_m - e _ v • 7 r 5 0-^ , r EY r ^ ` e~ ` " e S d~~ 6==5 crF3 C a'~e 6 ~ 2 ~ E# ae ~ ~' - G'e~e "c - "e6oy'-e"S era Fv e6a£3-c3'3~ "Ftrl }~-~ ~ f3--~ i ~~ - - - - 17 XX 09G ~lre ~vararts A Fire Zyarants sra~l oe _-~stallec oer all C_ty of Yelm Standards w~t~' sc-~e -yarG~ts ,~s~ng reclaimed cater from tte City's recycled water pro ram B Hyararts .-_^q r- a_~ec cater mill be paintea a shade of Yelm Purple to ,._st_~^~_s^ oe_tiee^ rec_a_^-ea Hate= ana aomes~_c potab_e water -~ - - ~r - - oe cer .G s_x ~GCe_ ~c~-~es ~,_- - ~~. ~ _ - - _ -- a; - ~- - =C" - :2S_ - _a Set ZOr - t"e `GITa Terra ~~~-( ~ 7~- ems. - "lG Ter - r _tECt~.. - ~eJ_ew ~,GTS^._t'-ee '-~ 2'-"'- _OCc~- v_- ^CI'lc T"ra 5" ~ ~ _Ze ~aliCar OraTla J,.*~yl ~e"C_ G: ~eG - _vd_-^~ / d_ it+ H~Ja a" '~ G en SDaCe areas St Es ~___ Ge G"'e O~ ~ JG S~eC_T_.' -~Odel~tyOeS, AllertOrl" Slated '?r -- C^ -a ~e'"Ce C~?G -`tGCnea de~G_rs) ... ,.CC.~_ mac'`.. .. :. ~._~ C~~I_.. _.., :. G'- .- .._ -.w i..G_ S_~-U_e ~G~~.-~/ ~~JC~ Pa~~e 4 of 22 Chapter 17 DEFINITIONS -' e T~__~ ~_"a ue~_^_~_OriS are 1'" aClC~tiOTl .G tl"E Oi~1C_ai Cle`_r1ltlOtlS Ollt~lTled _n C~~ati~°~ _~' ~6 c~ -Ze "e~T Zon~n~~ Ccde ^~---~_~ - s mar{s are s; arm sect_o^s cf ooen scare, aporoxlmately me ~_s- ~~ - ^~,_e ~G~ _~ Lc~, `e~'raC for _«~~=d ac~l~e recrea~lonal Lse cJe - a:e ~~C_~ _/ eaC `~~~~ ^ L e ~2_~"1GOrri00C d`1G _GCateG t0 DrOV1Ce ;on~~ - sa-= ~s ~o res oe~~~ ~e~e liar{s ca r be ws s~-nr,le as .,_ ,_c_ ~__~ _u ~~ areG ~o- .,_u~_^g cr ~c ~e mo°- e~_t2~s_ve ecreG}_c^~ .. _., /C _,2` - _ r~~ - Y r rac ~tv ce-~sea ,oy t~- s- .~a _~a~ sar nor ,:, e' _e _-~ `.'1C" C_Sa'Jl~ _tleS Pa~,e 5 of ?~ Chapter 17 LOW-DENSITY RESIDENTIAL DISTRICT (R-4) Sections 17 - 010 Intent 17 - 020 Permitted uses 17 - 030 Prohibited uses 17 --- 040 Environmental performance standards 17 12 050 Lot area 17 12 060 Off-street parking 17 12 070 Landscaping 17 12 080 Stormwater runoff 17 12 090 Open space 17 12 O10 Intent It is the intent of this chapter to A Enhance the residential quality of the city by providing a high standard of development for single- family residential areas B Guide residential development to those areas where 1 Public sewers are in place or available prior to residential building construction or 2 Sewers can be extended at minimal cost, or 3 New technology in the processing of domestic sewage makes residential development in unsewered areas environmentally acceptable C Guide development of residential areas in such manner as to encourage and plan for the availability of public services and community facilities such as utilities, police and fire protection, streets, schools, parks and recreation (Ora 561 § 3, 1995 Ord 555 § 14 1995) 17 12 020 Permitted uses A Specific types of uses permitted in the low density residential district 1 Single-family dwellings including duplexes on individual lots at a density of not _~~- -~ ~~ than fouz dwelling units per gross acre ~~~ Tore ~ ~ s~'~ :~r_ ~~ n~ 3 Planned residential developments as provided in Chapter 17 60 YMC 4 Townhouse developments as provided in Chapter 17 61 YMC 5 Residential care facilities - __ -°- - -_s B Other or related uses permitted 1 Accessory buildings or structures clearly incidental to the residential use of the lot such as storage of personal property or for the pursuit of a_vocational interests 2 Home occupations as provided in Chapter 17 69 YMC - - -~ --__L ~ - - - - ~mvac~s Pa_e 6 of ?? _ ~__ _ _4 _ _ __~_ _ ~_ _ ~~ 7-- ~ u- _ -'-~ 4 Special uses as provided in Chapter 17 66 YMC, subject to site plan review 5 The keeping of common housenold animals or pets is permitted provided, that their keeping does not constitute a nuisance or hazard to the peace, health and welfare of the community in general and neighbors in particular 6 Family day-care homes as provided in Chapter 17 65 YMC (Ord 669 § 1, 1999 Ord 561 § 3, 1995 Ord 555 § 14, 1995) 17 12 030 Prohibited uses A Kennels are prohibited B Uses other than those identified or described in YMC 17 12 020 are prohibited (Ord 561 § 3, 1995 Ord 555 § 14, 1995) 17 12 040 Environmental performance standards A Permitted uses shall create no noise emissions, odors or other nuisances which are demonstrably disruptive or disturbing to other residences ,~^-~ in the area or which are of a quality or quantity not (~/ normally associated with residential use B The construction of accessory buildings Page 7 of ?2 shall be encouraged in such a manner as to make them complementary to the basic architectural character of the main building on the lot, or appropriate to the accessory use C Special uses shall comply with the development guidelines described for such uses in Chapter 17 66 YMC D A11 uses shall comply with the applicable environmental performance standards of Chapter 17 57 YMC (Ord 561 ~ 3, 1995 Ora 555 ~ 14, 1995) 17 12 050 Lot area The size and shape of lots shall pe as follows, provided they adhere to the density requirements A Minimum lot area none B Minimum front yard measured front city right-of-way line 1 On collectors ~ _' feet - 20-`pot ~_~iT~nt ar_ e,aay proac~, 2 On arterials '~ feet, 3 On local streets - feet, witn a 20-foot minimum driveway approach C Minimum side yards __ - _-~ D Minimum flanking yard - feet E Minimum rear yard ~ -- feet F Maximum building coverage _" - percent G Maximum development coverage _= percent H Maximum height of buildings 1 Main building 35 feet, 2 Accessory building 16 feet 1 Accessory Buildings All accessory buildings must comply with the current buildi~g setbacks as stated in this chapter provided, however, if the accessory building is less than 120 square feet, the following setbacks are permitted 1 Front yard 25 feet, 2 Side yard a One side -- __ feet, 3 Rear yard - Y~=--=feet __ ~ __ ~"' _L r_.~_2 S '"'aV 'lc ~' a U <„ jP_:Jn~ ,`Gr, 17 12 060 Off-street parking Off-street parking shall be provided in accordance with Chapter 17 72 YMC (Ord 561 6 3, 1995 Ord 555 ~ 14, 1995) 17 12 070 Landscaping Landscaping shall pe provided accoraing to Chapter 17 80 YMC and the provisions of this section are supplemental thereto Landscapl~tg is required for the purpose of minimizing surface water runoff and diversion, preventing soil erosion and promoting the aesthetic character of the community Natural vegetation, groundcover, stands of Pose 8 of ?? trees or shrubs exis~ing prior to development of the site may be acceptable to meet the landscaping requirement Areas which have been cleared of vegetation or groundcover prior to or during construction, and which are not otherwise developed, shall be landscaped with trees, shrubs and suitable groundcover Suitable materials for groundcover are those which permit rainwater infiltration of the soil and may include sod, ivy, bark, noncompacted gravel and the like (Ord 561 § 3, 1995 Ord 555 § 14, 1995) 17 12 080 Stormwater runoff All Stormwater runoff shall be retained, treated and disposed of on-site or disposed of in a system designed for such runoff and which does not flood or damage adjacent properties Systems designed for runoff retention and control shall comply with specifications provided by - ~ ~_--~ -'a^:,~,a Terra and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5 of the Yelm development guidelines, drainage design and erosion control standards for the city of Yelm Ord 561 § 3, 1995 Ord 555 § 14, 1995) 17 12 090 Open space Open space dedications ~ - - _ ~,.~ _ _ =.~o~a per°a _ e ~,_~ Gcc~L~rcu Pa<~e 9 of ~? n", r` Chapter 17 - J ~~ _ + MODERATE-DENSITY RESIDENTIAL DISTRICT (R-6) Sections 17 15 O10 Intent 17 15 020 Types of uses permitted 17 15 030 Prohibited uses 17 15 040 Environmental performance standards 17 15 050 Density and lot development guidelines 17 15 060 Off-street parking 17 15 070 Landscaping 17 15 080 Stormwater runoff 17 15 090 Open space 17 15 010 Intent It is the intent of this chapter to A Enhance the residential quality of the city by providing a hign standard of development for residential areas of moderate density B Permit a greater variety of housing types than are permitted in the low-density residential district C Permit a higher density of development as a G means of achieving more economical housing D Guide moderate-density residential development to those areas where 1 Public sewers are in place prior to residential building construction, or 2 Sewers can be extended at minimal cost to the city or 3 New technology in the processing of domestic sewage makes residential development in unsewered areas environmentally acceptable E Guide development of residential areas in such manner as to encourage and plan for the availability of public services and community facilities such as utilities, police and fire protection, streets, schools, parks and recreation (Ord 561 § 3, 1995 Ord 555 ~ 14, 1995) 17 15 020 Types of uses permitted A Specific types of uses permitted in the moderate- density residential district 1 Any residential use, including single-family dwellings on individual lots, duplexes and other multifamily dwellings, provided they do not exceed _--- awell~ng units per gross acre and are not less than __ units per gross acre _ ~~_ - -r 3 Planned residential development as provided in Chapter 17 60 YMC ~. 4 Townhouse developments as provided in Chapter 17 61 YMC Page 10 of ?? 5 Residential care facilities \ 6 Mixea use planned development as provided `~ in Chapter 17 45 YMC B Other or related uses permitted 1 Accessory buildings or structures clearly incidental to the residential use of the lot, such as storage of personal property (including boats, recreational vehicles, etc ), or for the pursuit of avocational interests or structures designed for and related to recreational needs of the residents of a residential complex 2 Home occupations as provided in Chapter 17 69 YMC 3 Special uses as provided in Chapter 17 66 YMC, subject to site plan review 4 The keeping of common household animals or pets is permitted provided, that their keeping does not constitute a nuisance or hazard to the peace, health and welfare of the community in general and neigrbors i-~ particular 5 Family day-care homes as provided in Chapter 17 65 YMC - ~_ size - - = ~ - ~ i = e* `T--r--- Pa,e I 1 of ?? _ __ ~~~ 17 15 030 Prohibited uses A Kennels are prohibited B Uses other than those identified or described in YMC 17 15 020 are prohibited (Ord 561 § 3, 1995 Ord 555 ~ 14, 1995) 17 15 040 Environmental performance standards A Permitted uses shall create no noise, emissions, odors or other nuisances which are demonstrably disruptive or disturbing to other residences in the area, or which are of a quality or quantity not normally associated with residential use B Accessory buildings shall be complementary to the basic architectural character of the main building on the lot, or appropriate to the accessory use C Special uses shall comply with the development guidelines described for such uses in Chapter 17 66 YMC D All uses shall co-nply with the applicable environmental performance standards of Chapter 17 57 YMC (Ord 561 ~ 3, 1995 Ord 555 ~ 14, 1995) 17 15 050 Density and lot development guidelines The size and shape of lots shall be as follows, provided they adhere to the density requirements A Minimum lot area none B Minimum front yard measured from city right-of-way line 1 On collector streets =--~_-feet _. -~ - ^_-~uT ~r_„e~ra~, ap~rcac~ 2 On arterials -__ feet, 3 On local streets _- feet, with a 20-foot minimum driveway approach C Minimam side yaras _~= -~e- D Minimum flanking yard _ - feet E Minimum rear yard _- feet F Maximum building area coverage ~ = percent G Maximum development coverage _= percent H Maximum height 1 Main building 35 feet, 2 Accessory building 16 feet I Accessory Buildings All accessory buildings must comply with the current building setbacks as stated in this chapter provided, however, if the accessory building is less than 120 square feet, the following setbacks are permitted 1 Front yard 25 feet, 2 Side yard -- --- 3 Rear yard -~~r= _ feet Pa,e 12 of ~2 --~J~ -`~ --° ~r -~ - !=~ ~~~ ^a~e a 0 scot settiack frcm _ - - ~2~5~ 17 15 060 Off-street parking Off-street parking shall be provided in accordance with Chapter 17 72 YMC (Ord 561 § 3, 1995 Ord 555 § 14, 1995) 17 15 070 Landscaping Landscaping shall be provided according to Chapter 17 80 YMC and the provisions of this section are supplemental thereto Landscaping is required for the purpose of minimizing surface water runoff and diversion, preventing soil erosion and promoting the aesthetic character of the community Natural vegetation, groundcover, stands of trees or shrubs existing prior to development of the site may be acceptable to meet the landscaping requirement Areas which have been cleared of vegetation or groundcover prior to or during construction, and which are not otherwise developed, shall be landscaped with trees, shrubs and suitable groundcover Suitable materials for groundcover are those which permit rainwater infiltration of the soil and may include sod, ivy, bar,c, noncompacted gravel and the like (Ord 561 § 3 1995 Ord 555 § 14, 1995) 17 15 080 Stormwater runoff All Stormwater runoff shall be retained, treated and disposed of on-site or disposed of in a system designed for such runoff and which does not flood or damage adjacent properties Systems designed for runoff retention and control shall comply with specifications provided by ~ - _- ~ - --~- _ and shall be subject to its review and approval and shall, moreover, comply with Chapter 5 of the Yelm development guidelines, drainage design and erosion control standards for the city of Yelm (Ord 561 § 3, 1995 Ord 555 § 14 1995) 17 15 090 Open space Open space dedications - ~ - - ~ ~ - ~ - -~c-~~ -' rra ~ e :,e-- -ccoL~-=~ Page 13 of 0? Chapter 17 -~- HIGH-DENSITY RESIDENTIAL DISTRICT (R-_ --) Sections 17 18 O10 Intent 17 18 020 Permitted uses 17 18 025 Prohibited uses 17 18 030 Environmental performance standards 17 18 040 Lot area 17 18 050 Off-street parking 17 18 070 Landscaping 17 18 080 Stormwater runoff 17 18 090 Open space 17 18 O10 Intent It is the intent of this chapter to A Enhance the residential quality of the city by providing a high standard of development for residential areas of high density B Designate certain areas where high-density residential development may be located C Make high-density residential developments available to those persons who may prefer such housing because of personal or financial circumstances D Guide high-density residential aevelopment to those areas where 1 Public sewers are in place prior to residential building construction 2 Sewers can be extended at minimal cost to the city, or 3 New technology in the processing of domestic sewage makes residential development in unsewered areas environmentally acceptable E Guide development of residential areas in such manner as to encourage and plan for the availability of public services and community facilities such as utilities, police and fire protection, streets, schools, parks and recreation F Preserve within aevelopments open space and related amenities (Ord 561 ~ 3, 1995 Ord 555 ~ 14, 1995) 17 18 020 Permitted uses A Specific types of uses permittea in the highdensity residential district 1 Any residential use, including single-family dwellings on individual lots, duplexes and other multifamily dwellings, provided they do not exceed __- dwelling units per gross acre and are not less than __--- units per gross acre C 3 Planned residential developments as provided in Chapter 17 60 YMC 4 Townhouse development as provided in Pa~,e 14 of ?2 Chapter 17 61 YMC 5 Residential care facility 6 Mixed use planned development as provided in Chapter 17 45 YMC B Other or related uses permittea 1 Accessory buildings or structures clearly incidental to the residential use of the lot, such as storage of personal property (including boats, recreational vehicles, etc ), or for the pursuit of avocational interests or structures designed for and related to recreational needs of the residents of a residential complex 2 Home occupations as provided in Chapter 17 69 YMC 3 Special uses as provided in Chapter 17 66 YMC, subject to site plan review 4 The keeping of common household animals or pets is permitted provided, that their keeping does not constitute a nuisance or hazard to the peace, health and welfare of the community in general and neighbors in particular 5 Family day-care homes as provided in Chapter 17 65 YMC (Ord 617 § 3, 1998 Ord 561 ~ 3, 1995 Ord 555 ~ 14, 1995) 17 18 025 Prohibited uses A Kennels are prohibited B Uses other than those identified or described in YMC 17 15 020 are prohibited (Ord 617 ~ 3, 1998) 17 18 030 Environmental performance standards A Permitted uses shall create no noise, emissions, odors or other nuisances which are demonstrably disruptive or disturbing to other residences in the area, or which are of a quality or quantity not normally associated wit's residential use B Accessory buildings shall be complementary to the basic architectural character of the main building on the lot or appropriate to the accessory use C Special uses shall comply with the development guidelines described for such uses in Chapter 17 66 YMC D All uses shall comply with the applicable environmental performance standards of Chapter 17 57 YMC (Ord 561 ~ 3, 1995 Ord 555 ~ 14, 1995) 17 18 0~0 Lot area The size and shape of lots shall be as follows A Mlnlmum lot area none B Minimum lot width none C Minimum front yard measured from city right-of-way line 1 On collector - feet e 2 On arterials - feet, Pace 15 of ?? 3 On local streets _~ - feet, with a 20-foot minimum driveway approach D Minimum side yards 1 Minimum on one side ~-c feet, 2 Minimum total both sides ~%~ feet E Minimum flanking yard 20 feet F Minimum rear yard 25 feet G Maximum building coverage o'`>=~-percent H Maximum development coverage ~C== percent I Maximum height of buildings 1 Wither 100 feet of a lower density residential zone 25 feet, 2 All otner residential buildings, three-story building not to exceed 35 feet, 3 Accessory building 35 feet J Accessory Buildings All accessory buildings must comply with the current building setbacks as stated in this chapter provided, however, if the accessory building is less than 120 square feet, the following setbacks are permitted 1 Front yard 25 feet, 2 Side yard a Ore side five feet, b Total both sides 12 feet, 3 Rear yard five feet ~. _ _ ~ - - P a lJ -oaCl~ Fro ~, _ ~ G 17 18 050 Off-street parking Off-street parking shall be provided in accordance with Chapter 17 72 YMC {Ord 561 ~ 3, 1995 Ord 555 y 14, 1995) 17 18 070 Landscaping Landscaping shall be provided according to Chapter 17 80 YMC and the provisions of this section are supplemental thereto Landscaping is required for the purpose of miniTnizing surface water runoff and diversion, preventing soil erosion and promoting the aesthetic character of the community Natural vegetation, groundcover, stands of trees or shrubs existing prior to development of the site may be acceptable to meet the landscaping _ ~ .-~_ v , - _ ~ - ` e ~~-°- _ _ , Pave 16 of ?? f .. ~ r _ _ w ~ J_ u r Pa__~~~-~7 °-1 J" Chapter 17 =-- NEIGHBORHOOD COMMERCIAL DEVELOPMENT Sections 17 36 010 Intent 17 36 015 Where permitted 17 36 020 Permitted uses 17 36 025 Prohibited uses 17 36 027 Neighborhood commercial development superimposed 17 36 030 Environmental performance standards 17 36 040 Site area 17 36 050 Building size 17 36 060 Public right-of-way - Ingress, egress 17 36 070 Off-street parking 17 36 080 Landscaping 17 36 090 Stormwater runoff 17 36 010 Intent It is the intent of this chapter to A Provide the opportunity for the development cf __ ~ _ - _~_--~ ~-~___ co-nmerc~al facilities in residential areas catering to the day-to-day needs of consumers for a limited range of convenience goods and services B Limit such commercial facilities as to size of site, bulk of structures and to such locations as to serve a relatively large number of persons in a relatively small geographic area To that end, pedestrian accessibility shall be a mayor criterion in the location of neighborhood commercial facilities C Limit such development to areas where _ and appropriate design solutions assure compatibility with the neighborhood _ ~ 17 36 015 Where permitted Neighborhood commercial developments may be permitted in ___---- _ -- --C~ - -zc -- ~ - ,~G~-- _ar G--cr:. ~a_ _--- 17 36 020 Permitted uses - _ ~- - -rte - _ ~e~ _.. ~eS- 5~ Pa~,e 18 of ?? Ca-r~ra sere C Clor_nl s`cre _ -- - _ ~_~ G =st, CO~Te2 S":~D __ _ ~CT`"~,,''~~i CL..cS CC''iGC~~C" StOrES ~G^~EP_~":2 S~OrES C~.1- ~aC_i.L_~S ~a~ - 'I J v ^/ C i /r.,.~ .i ~.G N_ Dry c ea-er Kati rv vcca~ re ^... ~.Jr_J~ mecca ana _.,LOr s-ora l~G~ _Cr ~ Cas s~at_~~ (ci °ccer~ - ~rca~.ce "a'_` :nGr2 ~Gr° a"'C 1ar~°'"~ S~D~! --eG_- a~~-~ -,5- ~~_ -~c_,~ "c---- ~CG` G^~ vC P_ tiCr CQ "'~'°~ a^C "1 1 _2a J__Scrv - ~"c_°Cc"~S _PS _ r C G _ S ` ~JJ ^G~' G n`Ci u~yr ~~ - ,~P r2~ _ S-~ cJ ~ ~. C~' ~~1.. C_ rCJ~ C.r. ~.._~~2~l, rC~r'J a... JGI..G - J vvL._G_ `Jl7 l.. r ~~`~a~Cr "'C2_ ~~ SEa~S TG~a S~~"c G ! l'. ~~. ~ S 'G__2~ Pase 19 of ?'? 17 36 025 Prohibited uses Uses other than those identified or described in YMC 17 36 020 are prohibited _ _ 17 36 030 Environmental performance standards A Compliance It shall be the responsibility of the operator and/or the proprietor of any permitted use to provide such reasonable evidence and technical data as the approval authority may require to demonstrate that the use or activity is or will be in compliance with the environmental performance standards of Chapter 17 57 YMC Failure of the approval authority to require such information shall not be construed as relieving the operator and/or the proprietor from compliance with the environmental performance standards of this title B General Character Developments _n this district shall be characterized by r~ _ _ ~ =a~ ~T=.__ buildings, moderate lighting, quiet operations and little or no night activity Operating hours shall be limited to the hours between 6 00 a m and 11 00 p m C Location Neighborhood commercial developments shall not be locatea within less than a one-half mile radius from another neighborhood commercial development or any other commercial district providing similar services or facilities D Storage Outside storage shall comply with the requirements of Chapter 17 57 YMC (Ord 561 § 3, 1995 Ord 555 § 14, 1995) 17 36 040 Site area Minimum lot size same as the underlying zone (Ord 561 § 3, 1995 Ord 555 § 14, 1995) 17 36 050 Building size The size of buildings shall be as follows - ~. A Maximum gross floor area of building for single use _ - 000 square feet, unless maximum building coverage of lots permits less B Maximum gross floor area of building for combination use _-,000 square feet C Maximum development coverage - -'percent D Maximum building height --- _teet E Setbacks to residential properties 1 Front - feet 2 Rear 30 feet, Pa,z 20 of ~? 3 Side 20 feet F Setbacks to all other properties are according to the underlying zone (Ord 561 § 3, 1995 Ord 555 § 14, 1995) 17 36 060 Public right-of-way - Ingress, egress A Relationship to Public Right-of-Way Land classified in this district shall be located on an arterial or on a collector, consistent with Yelm development guidelines B Ingress and Egress Access to a site which is a corner lot shall be limited to one driveway on each of the intersecting streets Access to a site which is an interior lot shall be limited to one driveway unless the site plan review committee approves two driveways, one for entering and one for leaving the site (Ord 561 § 3, 1995 Ord 555 § 14, 1995) 17 36 070 Off-street parking Off-street parking shall be provided according to Chapter 17 72 YMC and the provisions of this section are supplemental thereto A Minimum of two off-street parking spaces for each 500 square feet of gross floor area shall be provided B Parking spaces may be used for loading zones in this district provided, that loading operations ~~ shall not obstruct driveways (~/' C Buildings and parking spaces are to be so arranged as to make it unnecessary ror vehicles to back out into the public right-of-way D Lighting standards to comply with __ u~~~-~ -- development guidelines, Chapter 4E _ - 17 36 080 Landscaping A Landscaping shall be provided according to Chapter 17 80 YMC and the provisions of this section are supplemental thereto B Parcels or lots which share a common boundary with properties in a residential or open space/institutional district shall, in addition to the rear or side setbacks required in YMC C Refuse 1 Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six feet high 2 No refuse container shall be permitted between a street ana the front of a building 3 Refuse collection areas shall be designed ~ to contain all refuse generated or-site and deposited between collections Deposited refuse shall not be visible from outside the refuse enclosure Paae 21 of ?~ (Ord 561 § 3, 1995 Ord 555 § 14, 1995) C 17 36 090 Stormwater runoff All stormwater runoff shall be retained, treated and disposed of on-site or disposed of in a system designed for such runoff and which does not flood or damage adjacent properties Systems designed for runoff retention and control shall comply with specifications provided by -re-~_- ~'arcma Serra and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5 of the Yelm development guidelines, drainage design and erosion control standards for the city of Yelm (Ord 561 § 3, 1995 Ord 555 § 14, 1995) Pa~Te 22 of ?~' ~ R /W i tD m 1~ D ~ m ~ ( 6 ~z~l -n "~ r z m v VARIES, 7 5 11 ) 1t ~ --- ~ ~ ~ ~ ~ ~ ?~ - Z G7 -„ C7 r n C7 r ~ D z z m z m m I ~' r O I J ~I ~ ~ 2 CEMENT CONC ~ ROLLED CURB AND GUTTER GENERAL NOTES 1 ON STREET PARKING PERMITTED 2 REFER TO RELEVANT SECTIONS OF THE DEVELOPMENT GUIDELINES FOR ADDITIONAL INFORMATION ON STORM DRAINAGE STREET LIGHTING PAVEMENT STRUCTURE ETC R/W 10 m D ~ ~ ~ 75 6 Slm~ v v v~~ Z~ r ~ D x ? g` Z m D ~ ~ r v -Ni m 4 1 ES . n D n 0 z TAH OM A TER R A LOCAL ACCESS RESIDENTIAL FIGURE 1 04104 ~ ~ O 7 '~' ~ ~ O Y. I _~' tl rQ ~ ~~ t ~~ ~~4 ~1~1 _ ~~ , 4 3 4t C 11 1' 1~ ~ ~ ~~I alt 1~U1 ~ ~} ~ ~ ¢ r„ '~ ~ ~ 'ti~i~i crt=, ~i ~ 111 ~ ~I ~ c0 ~~~ Z ..- \ J i J ,4 ~ i J ~i s ...! ~ W ~ ~~ Z O 41 ~ t;1 4 ! f i1~~ ? x~~l t9 ~ : 2W i ~4 ~. ~~ag~ -- o ~'~' -' 1 'adQ W u~ r 3 wF-3 ~~b , ~ b W f t~ a a~ o a~ ~ ~~~ ~~ ~~o i ------ ~ ~~ -^' ~ ~ i ~ ~ ~ ~,,~ j ~c~ ~~ ~ . ~~ ~ ~ 4D ~~ i ~ ~~ i ~~ ~yI ~' ~N 3 ~~, i I i W ~~ ~~~ N~ G r 4~ ~ a~~ ~~~ r ~.1~ 7 ,Q W 4 O J J NN 0 1_~-- ~ c`am` W ~ CD .~ z T~ y J Q W a w Q ~. r ,, ® ~ I11VV UU I ICR Consulting GENERAL NOTES 1 NO ON STREET PARKING PERMITTED 2 REFER TO RELEVANT SECTIONS OF THE DEVELOPMENT GUIDELINES FOR ADDITIONAL INFORMATION ON STORM DRAINAGE STREET LIGHTING PAVEMENT STRUCTURE ECT T A H O M A TERRA FIGURE URBAN ARTERIAL 2 04104 ~. ~~ ~- r ~„ ,~ ~ii~ ~,.. .I~ ~ ~ i ~~ ~~i~i it ..i ~ I .n ltl l --- -- -t ~~ " ~ ~~ ~ ~~ ~t - ,~ ~, 3 ~ ~ ~ 1 d ~ 1 ~ ~ Z c+ r ~, [ ---I rp ~. ~W4 u~ `' 3 ~r~"n3 ~Jt~is ~ ,~yQ 0 W~ 1 WW a ~ _~ ~~ ~ a~ W ~, 3Z~ ^.. _" `1 ~~ LJ ~ ~}~};; ~~ ~ ~~ ti ~~ ~ 1i~~. ~nO ~" ''4i ~~ r d i C~ ~W UN ~N ~ N W f- ~Y tF~ M '~ N 6 N t ` ~~ z ~r a ~~M ~ ~ N n 'N~ w I w~ ~. J ~C (.,~ ~, J J 0 ~ m E'""' can Q. ~' w O ~ Q F-' {,,~. I© lY LY- z Q. _.r~ ~~ w ~ ~ a ~ ~ ~ ~ 0 l ~.T ~ y r ~~ r ~ tl1 ~~ ~ ` ~ ~ ~~~ ~ ~~ Jr1 ~~ __---~ ,- `J ,~r+ x ~~ ~~ ~~ i7i ~~ ~~ ~~Q 1 ~'4 ~ ~~ ~~ ~ ~~ ---- W W LY_ t-- ~~// w LL U U W I- CJ') j Q G ~ w oZ 0 ~w ~~ Q a .~~ ~~ ~ ~o ~U ~ ~ ~ ~ o_ t9 ~ 0 ~~ ~~ ~~ ~~ ~N~ .+V V _~,' ~ ~^' n ~ ~ ~, z... s-P --'l r ~ _ ~~~~ N r 77 ~ ~ a °~ ~~~ ~~a ~~ ._........ --1 r t ~~~ ~~ ~ ~ a~ ~ ~as r ~~y ~~ ~ q c~n s ~ - O J U U ~/ Q w ~ z o ~ w w Q ~ - ~- w ~ Q ~ ~-=- ~~ ~ W ~~ ~_ ~ ~~ ~ ~ ~ ~~ r z `~ ~} ~ a _..~~~ ~N ® ~~ O ~U vTIJ'Y cASE-~ENT 20 z ~ 2 -0 ~ 16 -0 i w Z ~ (Typ) pRIViNG ~ O ,.ANE C 3SCOp~ ~ a ~ Mqk ~ 18 /~ ' °' 2X t~1N 3 l~oA~ M ~ q,~ \\ ~\ i\ /~~/~ ~~ \ ( ~ PAVEMENT DESIGN BY LICENSED ` CATCH BASIN "~ ENGINEER ~ SEE STANDARD oErAlt_ CROSS. SCOPE ALLEY UTiLTY EASEMENT 20 W z 2-o i6-p 3 (TYP) RI NG -' 3 o LANE I a 6 ~ 3 ~~'E t 'uAX ,SAX _ - ~\ \\ / /i I ~~ i\ PAVEMENT DESIGN ~ ~~ I~ CATCH BASIN NERS E Y ED ~ ~ SEE STANDAPD iGt T DETAIL "~f" SE-C110N ALLEY ~^a I Group TAHOMA TERRA ALLEY SECTION FIGURE 5 04104 uu '~ 0 n ~ o O~ G Q N N `"~ ~s ~R ~ 0D ri G ~. J 3 N N ~ ~ m u P+ 'd ps c i~ u U C ° v~ °~ r^, ~ ea Y O O N N Z+ ' Y c X M 2 f a. 1. O C~ G ~ 4 ^" ~ V d .W } ~ ~ :3 7 ^ V ~ V V7 ¢~6 y~~ Zvi ~ o Lea c ~ 3 ~ '~ ~ o '~ a ~ o. aN~ W ~ ~ _ N N ~ ' j s ' -~ a ~ sj r 2Q n ~ ~ ~ ~ ~ ~ C ~ ' .gyp" ~ m ~ N v o ac a $~ 7 ~. II~ ' F ~ ~ N ~ ~ + O ~ e p r N N ~ 4 ~ 7 u ~~ 3 4 "' G7 v o o m N i ` 00 Vy V ., [y= C A a ~ P +' ~ ~ ~ 2~ y ~ + - " ~, ., 3 G d N N N ~ ~ Fo ~ e _ ~ N ,,y t '` ~~ O O ~ ~ V 0" V V1 ~ J pp V N 4 Y,' ~ ^}~~ ~ N O ~ ~ ~ ~ ~ ~ K ~ N ~~ ~ ~ ~ ~ a p ~`~ y ~ a ~ Y CO 9C G u A o V {.. '- ~«3 w V5 G 1 ~y ~ V N N V'~- Q "'~ N _ G T ~ en ~ s'~ ~y N O ~ ~ K ~ V ~ ~ ;~ ~"'~ $~ r .O L .... ~ ~ /"~ '~}~M'* ~ ~ ~ C f T ~m 'i ' u A ? 0 - U , bi ~'' ~ c7 ~C w ^ o ~ ,, S9 ..w ~oS . . o.E~~~ ~ G ~~ ~ 1t" tl3 Q ~ 7 N C Q ~ ~ c O G r V V o ti .aa m ,~ ~ ~ o a N U $ tL v Q N b y (/] T n u ~ V tl7 k o s~ "~ 'g n ~i ~ $ If A ~ ~ s ~ ~ ~ ~~ °_° v e as Z v ~ ~ ~ V ~ O A w M .K f w c ~ ~ ~ P u S y ~ ~, V ~~ N~ ~ n ~ °,~ ~ '~~ ~ ~ ~ s ~ n ~~ s °~ ry ~ ~ y p O ,~ ,~ c s ~ v bp ~ y + ~ ~ M M 1.jR~~ c G T V O V ~ ~ ~ ~ c c~ c~ ~ p ~~ o, o W p a ¢ y~ ~ _T 3 Q y o u V ~ Pub p ~ h g ~ ~.~ +.~ ~ y6 yy7~ ~~ ~ e ~ ~ y7; 2~ L " ~" pp. ///a^^ x ~' ~ }a{ ~ ~` O i?+ ~ p f rn Li i 4 *p T~} ~ ~~ Q ~~ C [(/71 Y p« O~$ ?_ O ~ L' R Rim ~^ .., ~,~~.v ~ ~ n J O y ~ ~ ~ ~ ~ ~ V ? ~ 7 ~ ,= ti p u '~ T=AM ya0 ~ Q S ' ~ }~ V ~ ~ V1 L M1 A V u ~~°e E ~g~ ~ >JR' g } ~ ~iw p i u~ A ~ ~_~ fi~x{{ SGT A ~i ~T6R ~t S ~ x~ V ~ Lr X Q . ~~ ~+? ~ ~ 3 't~ V F~ ~ "'O yy.~ ~ ~ H. p 4 `j Vl .~^ N I r "y .~' .~ ~ "' ~ `1 @ ~ ~ ~ W t~ ~ W N N ~1 ~i J m F---' . rf ~ ~~ ~ a 'amyl Fence, Plastic Fencing, PVC Fences -Shop Now Page 1 of 2 j Sh.o~ ®w- ,..m--. «~'3~^~tau^-Y+`:fi+%a^,r~,.`--..'~.-..a,_..,...; ~, -,.,wd°-a~s--..F3'-Jy' .. rrs+}~::a>.* i -<.+~-~y.*s~v^#-,.n..M~w,.~.»-1 Browse other products r~lum~num Fence { tNlought iron {Driveway Gates {Automatic Gate Openers { Holse Fence {ideal Shield {Chain Lmk Screen {Clearance Sale - ~!p to 51% off Allentown ~, N ~~ `~ Ay 5 Ff CES' .N " F k ~ .r J~+ 7Y1 ~, .. f -~` c`Fi ~Y ~f/ 4~ ~-,. ( {( ~ ,- f ( ~ ! h ? ~ ~ 1 fi I ~ ~ t 11 I' ~ ~ jE ~ t k ~ `` ~~ ~ h ~~ tf~ x Nit ~ I r r 1 ~; ~~ N IJI Gi~t,lC~ L.feCC ISs Available heights 36", 48", 60" 72" Available widths 72" ~, Available colors ; lnsta(leu ~'hotos coming soon) W~~ ~ r a7~ z,~ S;JeCS, ~ '=' Warranty Click hey e to view the warrantyi Specifications for 36"H - 4 8"f-~i - 60"H - 72"H Frequently asked questions CIECk here ~o view the FAQ`sl http //www fence-depot com/shopnow/vinylfence/palkar/allentown shtml 2/1/2005 Solid Vinyl Fence, Plastic Fencing .~.,......~~u .~..~ r~ , r ~~n.~p o-~r ~~, PVC Fences -Shop Now Page 1 of .,~, Browse other products Aluminum Fence { tNrought_Iron { Dr-veway Gates {Automatic Gate Openers (Horse Fence {Ideal Shield {Chain Link Screen {Clearance Sale - up to 51°1° off Pittsburgh Available heights 36", 48", 60" 72" ~' F _ ,~,~~~t ,,. e„ r$ ~` ~r g„ ~ r ~ t ~ ~, ~. r s ~ P qt 9y ~~ f`' ~ ~ ~ ~~ d .. F a° T "~ f j i } ~°~ ~ ~- Y ~ 4 .~ ~~.~ ppp,, a` a t~ ' r ~ ~` t q Available widths 7011 Available colors ~~ y t { f White ~ Sand ,~ ~ Ivory Forest Cedar Chestnut i-~i C~IL~'C~ Jc.Tci~lS Installeta Pt~o~os coming soon) VU~tYctnCy, S~7eC~, ~ ~1 Warranty Click here l.o view the wai rantyl Specrfications for 36"H - 48"F-I - 60"H - 72"H ~, ~' Frequently asked questions Click here to view fihe FAQ'sl http //www fence-depot com/shopnow/vmylfence/palkar/pittsburgh shtml 2/1/2QQ5 DRAFT DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TAHOMA TERRA RESIDENTIAL PROPERTY Prepared by TABLE OF CONTENTS ARTICLE SECTION PAGE PART ONE INTRODUCTION TO THE COMMUNITY 1 Article I Creation of the Community 1 1 1 Purpose and Intent 1 1 2 Binding Effect 1 1 3 Governing Documents 2 Article II Concepts and Definitions 3 Article III Use and Conduct 10 3 1 Framework for Regulation 10 3 2 Authority to Enact Use Restrictions 10 3 3 Owners' Acknowledgment and Notice to Purchasers 11 3 4 Protection of Owners and Others 11 Article IV Architecture and Landscaping 14 C 4 1 General 14 4 2 Design Review 14 4 3 Guidelines and Procedures 16 4 4 No Waiver of Future Approvals 18 4 5 Variances 18 4 6 Limitation of Liability 18 4 7 Certificate of Approval 19 Artic le V Maintenance and Repa-r 19 5 1 Maintenance of Areas of Common Responsibility 19 5 2 Maintenance of Units 19 5 3 Maintenance of Neighborhood Property ?0 5 4 Responsibility for Repair and Replacement ?0 5 5 Remedies for Failure to Maintain 21 PART THREE COMMUNITY GOVERNANCE AND ADMINISTRATION 21 Artic le VI The Association and its Members 22 6 1 Function of Association 22 6 2 Membership 22 6 3 Voting ~2 6 4 Neighborhoods and Voting Groups ~~ Article VII Association Powers and Responsibilities 26 7 1 Acceptance and Control of Association Property 26 7 2 Maintenance of Areas of Common Responsibility 26 7 3 Insurance 28 7 4 Compliance and Enforcement 31 7 5 Implied Rights, Board Authority 34 7 6 Indemnification of Officers, Directors, and Others 34 7 7 Security 35 7 8 Effect of Dissolution of Association 35 7 9 Powers of the Association Relating to Neighborhood J5 7 10 Provision of Services 36 7 11 Relations with Other Properties 36 7 12 Facilities and Services Open to the Public 3~ 7 13 Permit Matters '~ 7 14 Recycling Programs 38 7 15 Relationship with Tax-Exempt Organizations 38 Article VIII Association Finances 39 8 1 Budgeting and Allocating Common Expenses 39 8 2 Budgeting and Allocating Neighborhood Expenses 40 8 3 Budgeting for Reserves 41 8 4 Special Assessments 41 8 S Specific Assessments 41 8 6 Authority To Assess Owners, Time of Payment 42 8 7 Obligation for Assessments 43 8 8 Lien for Assessments 44 8 9 Suspension of Voting Rights 44 8 10 Exempt Property 44 8 11 Capitalization of Association 45 PART FOUR COMMUNITY DEVELOPMENT 46 9 1 Expansion by Declarant 46 9 2 Expansion by the Association 46 9 3 Additional Covenants and Easements 47 9 4 Effect of Recording Supplemental Declaration 47 9 ~ Condominium Conversion 47 Article X Additional Rights Reserved to Declarant 48 10 1 Withdrawal of Property 48 10 2 Governmental Interests 48 10 3 Marketing and Sales Activities 48 C » 10 4 Right To Develop 48 10 5 Right To Approve Additional Covenants 49 10 6 Right To Approve Changes m the Standards Wrthm the Community 49 10 7 Right To Transfer or Assign Declarant Rights 49 10 8 Easement To Inspect and Right To Correct 49 10 9 Right to Notice of Design or Construction Claims 50 10 10 Termination of Rights 50 PART FIVE PROPERTY RIGHTS WITHIN THE COMMUNITY 51 Article XI Easements 51 11 1 Easements in Common Area 51 11 2 Easements of Encroachment 52 11 3 Easements for Utilities, Etc 52 11 4 Easements To Serve Additional Property 53 11 5 Easements for Maintenance, Emergency, and Enforcement 54 11 6 Technology Utility Easements 54 Article XII Exclusive Common Areas 55 121 Purpose 55 (~` 12 2 Designation 55 ~/ 12 3 Use by Others 56 Article XIII Party Walls and Other Shared Structures 56 13 1 General Rules of Law to Apply 56 13 2 Maintenance, Damage and Destruction 56 13 3 Right to Contribution Runs With Land 56 13 4 Disputes 57 PART SIX RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY 57 Article XIV Dispute Resolution and Lim-tation on Litigation 57 14 1 Consensus for Association Litigation 57 14 2 Alternative Method for Resolving Disputes 57 14 3 Claims 58 14 4 Mandatory Procedures 59 14 5 Allocation of Costs of Resolving Claims 60 14 6 Enforcement of Resolution 61 Article XV Mortgagee Provisions 61 15 1 Notices of Action 61 15 2 Special ~'HLMC Provision 62 ~/ m 15 3 Other Provisions for First Lien Holders 63 15 4 Amendments to Documents 63 15 5 No Priority 64 15 6 Notice to Association 64 15 7 Failure of Mortgagee To Respond 64 15 8 Construction of Article XV 65 15 9 Amendment by Board 65 PART SEVEN CHANGES IN THE COMMUNITY 65 Article XVI Changes m Ownership of Units 65 Article XVII Changes m Common Area 65 171 Condemnation 65 17 2 Partition 66 17 3 Transfer or Dedication of Common Area 66 Article XVIII Amendment of Declaration 66 18 1 By Declarant 66 18 2 By Members 67 ('~ 18 3 Validity and Effective Date 67 ~ 18 4 Exhibits 68 ~~ - TABLE OF EXHIBITS - Page Flrst Exhibit Subject Matter Mentioned "A" Land Initially Submitted 5 "B" Land Subject to Annexation "C" Initial Use Restrictions 59 "D" Rules of Arbitration 56 102 037 db280203 3/1/05 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TAHOMA TERRA RESIDENTIAL THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS is made this day of , ?005, by Tahoma Terra, LLC, a Washington limited liability company (collectively, "Declarant") PART ONE INTRODUCTION TO THE COMMUNITY Tahoma Terra LLC as developer of the Tahoma Terra master planned community have established this Declaration to provide a governance structure and a flexible system of standards and procedures for the development administration maintenance and preservation of procedures for the residential property as a component of the Tahoma Terra master planned community In addition the Tahoma Terra Residential Association Inc rs assigned certain responsibdrties for administration maintenance and preservation of property within and adjacent to the residential portions of Tahoma Terra as set forth rn this Declaration and the Declaration of Easements and Covenant to Share Costs for Tahoma Terra These additional responsrbalrties shall be for the benefit of the members and all property owners within the Tahoma Terra master planned community Article I Creation of the Community 1 1 Purpose and Intent Declarant, as the owner of the real property described m Exhibrt "A," intends by Recording this Declaration to create a general plan of development for the residential portions of the master planned community known as Tahoma Terra This Declaration provides a flexible and reasonable procedure for the future expansion of the Properties to include additional real property as Declarant deems appropriate and provides for the overall development, administration, maintenance, and preservation of the real property now and hereafter comprising the Properties An integral part of the development plan is the creation of Tahoma Terra Residential Association, an association comprised of all owners of real property m the Properties, to own operate, and/or maintain various common areas and community improvements and to administer and enforce this Declaration and the other Governing Documents referred to in this Declaration 1 2 Binding Effect All property described m Exhibit "A," and any additional property which is made a part of the Properties in the future by Recording one or more Supplemental Declarations, shall be owned, conveyed, and used subject to all of the provisions of this Declaration, which shall run with the title to such property This Declaration shall be binding upon all Persons having any right, title, or interest m any portion of the Properties, their heirs, successors, successors-m-title, and assigns This Declaration shall be enforceable by Declarant, the Association, any Owner, and their respective legal representatives, heirs, successors, and assigns, perpetually to the extent permitted by law If, however, the period for the enforcement of covenants running with the land is limned by law, the Declaration shall be enforceable as provided above for a period of 20 years After such time, this Declaration shall be extended automatically for successive periods of 10 years each, unless an instrument signed by a majority of the then Owners has been Recorded within the year preceding any extension, agreeing to amend, m whole or m part, or terminate this Declaration, m which case this Declaration shall be amended or terminated as specified m such instrument Notwithstanding the above, if any provision of this Declaration would be unlawful, void, or voidable by reason of applicability of the rule against perpetuities, such provision shall expire 21 years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England Nothing m this Section shall be construed to permit termination of any easement created in this Declaration without the consent of the holder of such easement 1 3 Governing Documents The Governing Documents create a general plan of development for the Properties which may be supplemented by additional covenants, restrictions, and easements applicable to particular Neighborhoods within the Properties In the event of a conflict between or among the Governing Documents and any such additional covenants or restrictions, and/or the provisions of any other articles of incorporation, by-laws, rules, or policies governing any Neighborhood, the Governing Documents shall control Nothing m this Section shall preclude any Supplemental Declaration or other Recorded covenants applicable to any portion of the Properties from containing additional restrictions or provisions which are more restrictive than the provisions of this Declaration The Association may, but shall not be required to, enforce any such covenants, restrictions, or other instruments applicable to any Neighborhood All provisions of the Governing Documents shall apply to all Owners and to all occupants of their Units as well as their respective tenants, guests, and invitees Any lease on a Umt shall provide that the lessee and all occupants of the leased Umt shall be bound by the terms of the Governing Documents In the Governing Documents there are diagrams to illustrate the concepts discussed and aid m the reader's comprehension Such diagrams are for illustrative purposes only In the event of a conflict between any diagram and the text of the Governing Documents, the text shall control GOVERNING DOCUMENTS Articles of Incorporation (filed with Secretary of State) By-Laws (the Board of Directors adopts) establishes the Assoc~at~on as a non profit corporation under Washington law governs the Assoc~at~on s internal affairs such as voting nghts elections meetings officers etc Declaration creates obl~gat~ons which are binding upon the (Recorded) Assoc~at~on and all present and future owners of property m the Properties Supplemental Declaration (Recorded) Covenant To Share Costs (Recorded) Residential Design Gu~delmes (Declarant adopts) Use Restr~ct~ons (mrt~al set attached as Exhibit C ) Rules and Regulations (Board adopts) adds real estate to Properties may impose additional obligations or restrictions on such property creates easements in favor of adjacent property owners establishes maintenance standards and allocates costs establish architectural standards and guidelines for improvements and modifications to Units including structures landscaping and other items on Units govern use of property actrvmes and conduct within the Propemes establish rules policies and procedures for internal governance and Assoc~at~on actrvrt~es regulate operation and use of Common Area lliagram 1 1 CJovernmg Documents If any provision of this Declaration is determined by judgment or court order to be invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of other provisions or applications Article II Concepts and Definitions The terms used m the Governing Documents shall generally be given their natural, commonly accepted definitions unless otherwise specified Capitalized terms shall be defined as set forth below 2 1 "Areas of Common Responsibility" The Common Area together with such other areas or easements over which the Association has or assumes responsibility pursuant to 3 the terms of this Declaration, any Supplemental Declaration, the Covenant to Share Costs, or other applicable covenants, contracts, or agreements 2 2 "Articles of Incorporation" or "Articles" The Articles of Incorporation of Tahoma Terra Residential Association, as filed with the Washington Secretary of State 2 3 "Association" Tahoma Terra Residential Association, a Washington nonprofit corporation, its successors or assigns 2 4 "Base Assessment" Assessments levied on all Umts subject to assessment under Article VIII to fund Common Expenses for the general benefit of all Umts, as determined in accordance with Section 8 1 2 ~ "Board of Directors" or "Board" The body responsible for administration of the Association, selected as provided m the By-Laws and serving as the board of directors under Washington corporate law 2 6 "Builder" Any Person who purchases one or more Umts for the purpose of constructing improvements for later sale to consumers, or who purchases one or more parcels of land within the Properties for further subdivision, development, and/or resale m the ordinary course of such Person's business 2 7 "Bv-Laws" The By-Laws of Tahoma Terra Residential Association, as they may be amended 2 8 "Class "B" Control Period" The period of time during which the Class "B" Member is entitled to appoint a majority of the members of the Board The Class "B" Control Period expires upon the first to occur of the following (a) when 90% of the total number of Umts permitted by the Master Plan for the property described m Exhibits "A" and "B" have been conveyed to Class "A" Members other than Builders, (b) December 31, 2025, or (c) when, in their discretion, the Class "B" Members so determine 2 9 "Common Area" All real and personal property, including easements, which the Association owns, leases, or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, mcludmg, without hmrtation, entrance tracts, perimeter buffers, r~ 4 restrictive areas, parks, surface water retention/detention tracts, landscape tracts, the community center, and other tracts or parcels conveyed to the Association by Declarants The term shall include the Exclusive Common Area and the Community Area, as defined below 2 10 "Common Ex ep rises" The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, as the Board may find necessary and appropriate pursuant to the Governing Documents The Common Expenses shall include the Association's share of the Joint Expenses, defined below, m accordance with the Covenant to Share Costs Common Expenses shall not include any expenses incurred during the Class "B" Control Period for initial development or other original construction costs unless approved by Members representing a majority of the total Class "A" vote of the Association 2 11 "Commumty Area" The real and personal property within the Master Plan so designated by Declarants and which is owned and/or maintained by the Association for the common benefit of all Persons within Tahoma Terra, as more particularly described m the Covenant to Share Costs 2 12 "Commumty-Wide Standard" The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties Such standard shall be established initially by Declarants and may contain both objective and subjective elements The Commumty-Wide Standard may evolve as development progresses and as the needs and demands of the Properties change 2 13 "Covenant To Share Costs" That certain Declaration of Easements and Covenant to Share Costs for Tahoma Terra executed and Recorded or to be Recorded by Declarant, which creates certain easements for the benefit of the Association and the present and future owners of other real property within Tahoma Terra subject to such Covenant to Share Costs and which obligates the Association and such owners to share the costs of maintaining certain property described m such Covenant to Share Costs 2 14 "Declarant" Tahoma Terra, LLC, a Washington limned liability company, or any successor or assign who takes title to any portion of the property described m Exhibits "A" or "B" for the purpose of development and/or sale and who is designated as a Declarant m a Recorded instrument executed by the immediately preceding Declarant, provided, upon such designation of such successor Declarant all rights of the former Declarant m and to such status as "Declarant" under this Declaration shall cease, rt being understood that as to all of the property described m Exhibit "A" and Exhibit "B," which is now or hereafter subjected to this Declaration, there shall be only one "Declaration" hereunder at any one point m time A single Declarant may exercise any of the Declarant's rights described herein over that portion of the s property owned by the single Declarant, and shall not be required to obtain the concurrence of any other Declarant who does not hold an ownership interest m the portion of the property over which a single Declarant desires to exercise sole authority, except for amendment of the Declaration, which shall require the concurrence of both Declarants unless otherwise agreed by the Declarants m writing In any place within this Declaration where a single Declarant is identified as the party holding a right that may be exercised by a Declarant, a single Declarant may exercise such right over property owned by that Declarant A single Declarant may conditionally or permenantly assign to the other Declarant all of a Declarant's rights hereunder, by recorded instrument 2 15 `Declaration" This Declaration of Covenants, Conditions, and Restrictions for Tahoma Terra Residential Property 2 16 "DRC" The Design Review Committee, as described m Article IV, Section 4 2 2 17 "Exclusive Common Area" A portion of the Common Area primarily benefiting one or more, but less than all, Neighborhoods as more particularly described m Article XII 2 18 "Governing Documents" A collective term referring to this Declaration and any applicable Supplemental Declaration, the By-Laws, the Articles, the Residential Design Guidelines, the Use Restrictions, the Rules and Regulations, and the Covenant to Share Costs, as each may be amended 2 19 "Joint Expenses" The actual and estimated expenses incurred or anticipated to be incurred by the Association to own, operate, maintain, improve, repair, replace, and/or insure the Community Area to provide services to or to take actions for the general benefit of all of the association entities and/or property owners m the Tahoma Terra master planned community as may be authorized m the Covenant to Share Costs 2 20 "Master Plan" The land use plan described m the Declaration of Easements and Covenant To Share Costs For Tahoma Terra as Exhibit A, recorded at Thurston County Auditors Number ,which includes all of the property described m Exhibit "A" of this Declaration and all or a portion of the property described m Exhibit "B" of this Declaration Inclusion of property on the Master Plan shall not, under any circumstances, obligate Declarants to subject such property to this Declaration, nor shall the omission of property described m Exhibit "B" from the Master Plan bar its later submission to this Declaration as provided m Article IX 6 2 21 "Member" A Person subject to membership in the Association pursuant to Section 6 2 2 22 "Mort~a~e" A mortgage a deed of trust, a deed to secure debt, or any other form of security instrument affecting title to any Umt A "Mortgagee" shall refer to a beneficiary or holder of a Mortgage 2 23 "Neighborhood" A group of Units designated as a separate Neighborhood for purposes of sharing Exclusive Common Areas and/or receiving other benefits or services from the Association which are not provided to all Units within the Properties A Neighborhood may be comprised of more than one housing type and may include noncontiguous parcels of property If the Associarion provides benefits or services to less than all Units within a particular Neighborhood, then the benefited Units shall constitute asub-Neighborhood for purposes of determining and levying Neighborhood Assessments for such benefits or services Where the context permits or requires, the term Neighborhood shall also refer to the Neighborhood Committee (established in accordance with the By-Laws) or Neighborhood Association, if any, having concurrent jurisdiction over the property within the Neighborhood Neighborhood boundaries may be established and modified as provided m Secrion 6 4 2 24 "Neighborhood Assessments" Assessments levied against the Units m a particular Neighborhood to fund Neighborhood Expenses, as described m Section 8 2 2 25 "Neighborhood Association" A condominium association or other owners association, if any, having concurrent jurisdiction (subject to this Declaration) with the Association over any Neighborhood 2 26 "Neighborhood Committee" A committee which may be formed for a Neighborhood without a Neighborhood Association established in accordance with the By- Laws 2 27 "Neighborhood Expense" The actual and estimated expenses which the Association incurs or expects to incur for the benefit of Owners of Units within a particular Neighborhood as may be authorized pursuant to this Declaration or m the Supplemental Declaration(s) applicable to such Neighborhood(s) Neighborhood Expenses may include a reasonable reserve for capital repairs and replacements and a reasonable administrative charge 2 28 "Owner" One or more Persons who hold the record title to any Umt, but excluding m all cases any party holding an interest merely as security for the performance of an obligation If a Umt is sold under a Recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be considered the Owner 2 29 "Permits" Collectively, the permits, Master Plan, land use restrictions and conditions of Plat approval as determined, approved and issued by the City of Yelm related to the development and construction of improvements located at Tahoma Terra, as such may be amended or modified from time to time 2 30 "Person" A natural person, a corporation, a partnership, a trustee, or any other legal entity 2 31 "Plat' The plat of Tahoma Terra, Division 1, recorded at Thurston County Recorder's No ,together with all requirements described or referenced therein Plat shall also include the recorded plat of any property described m Exhibit B, if not otherwise included with the plat of Tahoma Tera referred to herein, which may be subjected to the terms of this Declaration m the future m the manner described m Artcile IX 2 32 "Properties " The real property described m Exhibit "A," together with such additional property, whether contiguous or noncontiguous, as is subjected to this Declaration m ~`` accordance with Article IX ~-/ 2 33 "Record " "Recordm~," or "Recorded" To file, the film, or filed of record m the Public Real Estate Records of Thurston County, Washington, or such other place which is designated as the official location for recording deeds and similar documents affecting title to real estate The date of Recording shall refer to that time at which a document, map, or plat is Recorded 2 34 "Residential Design Guidelines" The architectural, design, and construction guidelines and review procedures adopted pursuant to Article IV, as they may be amended 2 35 "Rules and Regulations" Board-adopted Rules and Regulations which establish administrative procedures for internal Association governance and operating procedures for use of the Common Area and property included within the Area of Common Responsibility 2 36 "Sale" or "Sold" shall mean the date upon which ownership of a Unit is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract 2 37 "Street Trees" shall mean the trees that are required to be planted, located and maintained on the property pursuant to any notes on the face of the Plat, or described by this Declaration 2 38 "Special Assessment" An assessment levied m accordance with Section 8 4 2 39 "Specific Assessment" An assessment levied m accordance with Section 8 5 2 40 "implemental Declaration" An instrument Recorded pursuant to Article IX which subjects additional property to this Declaration, designates Neighborhoods, and/or imposes, expressly or by reference, additional restrictions and obligations on the land described m such instrument The term shall also refer to an instrument Recorded by Declarant pursuant to Section 6 4(c) which designates Voting Groups 2 41 "Tahoma Terra" The master planned development comprised of all property subjected (now or later) to this Declaration and other property developed m accordance with the Master Plan 2 42 "Unit" A portion of the Properties, whether improved or unimproved, which may be independently owned and is intended for development, use, and occupancy as an ~`` attached or detached residence for a single family The term shall refer to the land, if any, ~/ which is part of the Umt as well as any improvements thereon In the case of a building within a condominium or other structure containing multiple dwellings, each dwelling shall be deemed to be a separate Umt Prior to Recording a subdivision plat, a parcel of vacant land, or land on which improvements are under construction, shall be deemed to contain the number of Units designated for residential use for such parcel on the preliminary plat or the site plan approved by Declarants, whichever is more recent Until a preliminary plat or site plan has been approved, such parcel shall be deemed to contain the number of Units set by Declarant m conformance with the master Plan 2 43 "Use Restrictions " The initial Use Restrictions set forth in Exhibit "C," as they may be supplemented, modified, and repealed pursuant to in Article III 2 44 "Votm~ Group" One or more Neighborhoods whose owners vote on a common slate for election of directors to the Board as more particularly described m Section 6 4(c) or, if the context so indicates the group of Members whose Units are represented thereby PART TWO CREATION AND MAINTENANCE OF COMMUNITY STANDARDS The standards for use and conduct maintenance and architecture within Tahoma Terra are what gyve the community its identity and make rt a place that people want to call "home " Thrs Declaration establishes procedures for regulatton as a dynamic process which allows the community standards to evolve as the Properties change and grow over trine Article III Use and Conduct 3 1 Framework for Re ulation The Governing Documents establish, as part of the general plan of development for Tahoma Terra, a framework of affirmative and negative covenants, easements and restrictions which govern the Properties Within that framework, the Board and the Members must have the ability to respond to unforeseen problems and changes m circumstances, conditions, needs, desires, trends, and technology which inevitably will affect the Properties, its Owners, and residents Toward that end, this Article establishes procedures for modifying and expanding the initial Use Restrictions set forth m Exhibit "C " 3 2 Authority to Enact Use Restrictions G (a) Subject to the terms of the Permits, this Article, and the Board's duty to exercise business judgment and reasonableness on behalf of the Association and its Members, the Board may adopt, modify, cancel, limit create exceptions to, or expand the Use Restrictions The Board shall conspicuously publish notice concerning any such proposed action at least five business days prior to the Board meeting at which such action is to be considered Members shall have a reasonable opportunity to be heard at a Board meeting prior to such action being taken Such action shall become effective after compliance with the distribution requirements below, unless disapproved at a meeting by Members representing more than 50% of the total Class "A" votes m the Association and by the Class "B" Members, if any The Board shall have no obligation to call a meeting of the Members to consider disapproval except upon receipt of a petition as required for special meetings m the By-Laws Upon receipt of such petition prior to the effective date of any Board action under this Section 3 2(a), the proposed action shall not become effective until after such meeting is held, and then subject to the outcome of such meeting Alternatively, Members representing more than 50% of the total Class "A" votes m the Association at an Association meeting duly called for such purpose, may vote to adopt Use l0 Restrictions which modify, cancel, limit, create exceptions to, or expand the Use Restrictions then in effect Such action shall require approval of the Class "B" Members, if any Prior to any action taken under this Section 3 2(a) becoming effective, the Board shall send a copy of the new Use Restriction or explanation of any changes to the Use Restrictions to each Owner The effective date shall be at least 30 days following distribution to Owners The Association shall provide, without cost, a copy of the Use Restrictions then m effect to any requesting Member or Mortgagee Nothing m this Article shall authorize the Board or the Members to modify, repeal, or expand the Residential Design Guidelines or other provisions of this Declaration In the event of a conflict between the Residential Design Guidelines and the Use Restrictions, the Residential Design Guidelines shall control (b) The procedures required under this Section 3 2 shall not apply to the enactment and enforcement of Rules and Regulations (a e ,administrative issues, regulations governing the use of the Common Area, etc) unless the Board chooses in its discretion to submit to such procedures Examples of such administrative Rules and Regulations shall include, but not be limited to, hours of operation of a recreational facility, use of private trails, and the method of allocating or reserving use of a facility (if permitted) by particular individuals at particular times The Board shall exercise business judgment m the enactment, amendment, and enforcement of such administrative Rules and Regulations 3 3 Owners' Acknowledgment and Notice to Purchasers All Owners are given notice that use of their Units and the Common Area is limited by the Use Restrictions as they may be amended, expanded, and otherwise modified hereunder Each Owner, by acceptance of a deed, acknowledges and agrees that the use and enjoyment and marketability of his or her Unit can be affected by this provision and that the Use Restrictions may change from time to time All purchasers of Units are on notice that changes may have been adopted by the Association Copies of the current Use Restrictions may be obtained from the Association 3 4 Protection of Owners and Others Except as may be contained m this Declaration either initially or by amendment or in the initial Use Restrictions set forth m Exhibit "C," all Use Restrictions shall comply with the following provisions (a) Similar Treatment Similarly situated Owners shall be treated similarly, provided, the Use Restrictions may vary by Neighborhood (b) Displays The rights of Owners to display religious and holiday signs, symbols, and decorations inside structures on their Umts of the kinds normally displayed m dwellings located m single-family residential neighborhoods shall not be abridged, except that such shall be consistent with Thurston County Ordinances and the Association may adopt time, place, and manner restrictions with respect to any displays (mcludmg those outside of a dwelling) visible from outside the dwelling No Use Restrictions shall regulate the content of political signs, however, rules may regulate the time, place, and manner of posting such signs (mcludmg design criteria) and Thurston County Ordinances shall apply (c) Household Composition No Use Restriction shall interfere with the freedom of Owners to determine the composition of their households, except that the Association shall have the power to require that all occupants be members of a single housekeeping unit, to limit rental of Umts, and to limit the total number of occupants permitted m each Unrt on the basis of the size and facilities of the Unrt its fair use of the Common Area, and on the basis of compliance wrth applicable Thurston County ordinances (d) Activities Within Dwellm~s No Use Restriction shall interfere with the activities carried on within the confines of dwellings, except that the Association may prohibit activities not normally associated wrth property restricted to residential use, rt may restrict rental of Umts, and rt may restrict or prohibit any activities that create monetary costs for the Association or other Owners, that create a danger to the health or safety of occupants of other Units, that generate eYCessive noise or traffic, that create unsightly conditions visible outside the dwelling, or that create an unreasonable source of annoyance (e) Home Occupations No Use Restriction may interfere with the rights of an Owner or occupant residing m a Unrt to conduct business activities within the Unrt so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Unit, (ii) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be determined m the Board's sole discretion, (ui) any goods, materials or supplies used m connection wrth any trade, service or business, wherever the same may be conducted, be kept or stored inside any building on any Lot and not be visible from the exterior of the home, (iv) the traffic generated by a home occupation shall not exceed three commercial vehicles per week and all customer's or client's vehicles shall be parked off street (or as otherwise required by City of Yelm Code Section ~2 l,~ 17 69 050, as rt may be amended), (v) conduct of the home occupation does not involve the use of more than 25% of the Umt's total residential floor area, and (vi) the home occupation is as otherwise allowed by the Permits and applicable law, and the persons conducting such homne occupation has fully complied with such applicable law Nothing m this Section shall permit (1) the use of a Lot for a purpose which violates law, regulations, rules or applicable zomng codes, or (2) activities that cause a significant increase m neighborhood traffic, or (3) modification of the exterior of the Umt The Board may, from time to time, promulgate rules restricting the home occupation activities located on the Propernes pursuant to the authority granted to the Association under this Declaration, the Bylaws, and RCW Chapter 64 38 (f) Allocation of Burdens and Benefits No Use Restriction shall alter the allocation of financial burdens among the various Units or rights to use the Common Area to the detriment of any Owner over that Owner's objection expressed m writing to the Association Nothing m this provision shall prevent the Association from changing the Common Area available, from adopting generally applicable Rules and Regulations for use of Common Area, or from denying use privileges to those who abuse the Common Area or violate the Governing Documents This provision does not affect the right to increase the amount of assessments as provided m Article VIII ''~ (g) Alienation -Rentals The Association may not impose any fee on the transfer of ~,'' any Unit greater than an amount reasonably based on the costs to the Association of administering that transfer The Association may regulate the leasing or rental of Units, and initially shall do so according to the provisions contained m Exhibit C (h) Abrid~m~ Existing Rights No Use Restriction shall require an Owner to dispose of personal property that was m or on a Unit prior to the adoption of such Use Restriction and which was m compliance with all Use Restrictions previously m force This dispensation shall apply only for the duration of such Owner's ownership of such personal property, and this right shall not run with title to any Unit (i) Reasonable Rights To Develop No Use Restriction, Rule or Regulation, or action by the Association or Board shall unreasonably impede Declarant's right to develop the Properties or other portions of Tahoma Terra The limitations in subsections (a) through (h) of this Section shall only limit the authority exercised under Section 3 2 they shall not apply to amendments to this Declaration adopted m accordance with Article XVIII 13 Article IV Architecture and Landscaping 41 General No structure or thing shall be placed, erected, or installed upon any Unrt within the Properties and no improvements or other work (including staking, clearing, excavation, grading and other site work, exterior alterations of existing improvements, or planting or removal of landscaping) shall take place within the Properties, except m compliance with this Article and the Residential Design Guidelines No approval shall be required to repaint the exterior of a structure m accordance with the originally approved color scheme or to rebuild m accordance with originally approved plans and specifications Any Owner may remodel, paint, or redecorate the interior of his or her Unrt without approval However, modifications to the interior of screened porches, patios, and similar portions of a Unrt visible from outside the structure and modifications to enclose garages as living space shall be subject to approval Any request to enclose a garage must include plans for a replacement garage on the Umt If approval of a garage enclosure is granted by the Reviewer (as defined below), such approval may be conditional on the construction of a replacement garage All dwellings constructed on any portion of the Properties shall be designed by and built m accordance with the plans and specifications of a licensed architect or licensed building designer unless otherwise approved by a Declarant or a Declarant's designee, m its sole discretion Thls Article shall not apply to Declarant's activities, nor to the Association's activities during the Class "B" Control Period 4 2 Design Review (a) By Declarants Each Owner, by accepting a deed or other instrument conveying any interest m any portion of the Properties, acknowledges that, as the developer of the Properties and as an Owner of portions of the Properties as well as other real estate wrthm the vicinity of the Properties, a Declarant has a substantial interest in ensuring that the improvements wrthm the Properties enhance Declarant's reputation as a community developer and do not impair Declarants' ability to market, sell, or lease their property Therefore, each Owner agrees that no activity wrthm the scope of this Article ("Work") shall be commenced on such Owner's Unit unless and until a Declarant or a Declarant's designee has given its prior written approval for such Work, which approval may be granted or withheld m a Declarant's or Declarant's designee's sole discretion 14 In reviewing and acting upon any request for approval, a Declarant or its designee shall be acting solely m Declarant's interest and shall owe no duty to any other Person Declarant's rights reserved under this Amcle shall continue so long as a Declarant owns any portion of the Properties or any real property within Tahoma Terra, unless earlier terminated in a written instrument executed and Recorded by Declarants A Declarant may, m its sole discretion, designate one or more Persons from time to time to act on Declarant s behalf in reviewing applications hereunder A Declarant may from time to time, but shall not be obligated to, delegate all or a portion of the Declarant's reserved rights under this Article to (i) a design review committee appointed by the Association's Board of Directors (the "DRC"), or (ii) a committee comprised of architects, engineers, or other persons who may or may not be Members of the Association Any such delegation shall be in wntmg specifying the scope of responsibilities delegated, and shall be subject to (i) Declarant's right to revoke such delegation at any time and reassume jurisdiction over the matters previously delegated, and (ii) Declarant's right to veto any decision which a Declarant determines, in Declarant s sole discretion, to be inappropriate or inadvisable for any reason So long as Declarant has any rights under this Article, the jurisdiction of the foregoing entities shall be limited to such matters as are specifically delegated to it by Declarant (b) Design Review Committee Upon delegation by a Declarant or upon expiration or termination of a Declarant's rights under this Article, the Association, acting through the DRC, shall assume jurisdiction over architectural matters hereunder The DRC, when appointed, shall consist of at least three, but not more than seven, persons who shall serve and may be removed and replaced in the Board's discretion The members of the DRC need not be Members of the Association or representatives of Members, and may, but need not, include architects, engineers, or similar professionals, whose compensation, if any, shall be established from time to time by the Board The DRC may be broken into or may form subcommittees to preside over particular areas of review (z e , anew construction subcommittee and a modifications subcommittee) Any reference herein to the DRC should be deemed to include a reference to any such subcommittee Unless and until such time as a Declarant delegates all or a portion of its reserved rights to the DRC or Declarant's rights under this Article terminate, the Association shall have no ~urisdichon over architectural matters For purposes of this article, the entity having jurisdiction in a particular case shall be referred to as the "Reviewer " 15 (c) Reviewer Fees Assistance The Reviewer may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid m full prior to review of any application Such fees may include the reasonable costs incurred m having any application reviewed by architects, engineers, or other professionals A Declarant and the Association may employ architects, engineers, or other persons as deemed necessary to perform the review The Board may include the compensation of such persons m the Association's annual operating budget as a Common Expense 4 3 Guidelines and Procedures (a) Residential Design Guidelines A Declarant may prepare the initial Residential Design Guidelines, which may contain general provisions applicable to all of the Properties as well as specific provisions which vary from Neighborhood to Neighborhood The Residential Design Guidelines are not the exclusive basis for decisions of the Reviewer and compliance with the Residential Design Guidelines does not guarantee approval of any application A Declarant shall have sole and full authority to amend the Residential Design Guidelines m a manner consistent with the Permits as long as the Declarant owns any portion of the Properties or has a right to expand the Properties pursuant to Section 9 1, notwithstanding a delegation of reviewing authority to the DRC, unless a Declarant also delegates the power to amend to the DRC Upon termination or delegation of a Declarant's right to amend, the DRC shall have the authority to amend the Residential Design Guidelines m a manner consistent with the UPD/FCC Permit with the consent of the Board Any amendments to the Residential Design Guidelines shall be prospective only and shall not apply to require modifications to or removal of structures previously approved once the approved construction or modification has commenced Except for conditions of the UPD/FCC Permit, there shall be no limitation on the scope of amendments to the Residential Design Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Residential Design Guidelines less restrictive The Reviewer shall make the Residential Design Guidelines available to Owners and Builders who seek to engage m development or construction within the Properties In a Declarant's discretion, such Residential Design Guidelines may be Recorded, in which event the Recorded version, as rt may unilaterally be amended from time to time, shall control m the event of any dispute as to which version of the Residential Design Guidelines was in effect at any particular time (b) Procedures No Work shall commence on any portion of the Properties until an application for approval has been submitted to and approved by the Reviewer Such application 16 shall include plans and specifications ("Plans") showing site layout, structural design, exterior elevations, exterior materials and colors, landscaping, drainage, exterior lighting, irngation, and other features of proposed construction, as applicable The Residential Design Guidelines and the Reviewer may require the submission of such additional information as may be reasonably necessary to consider any application In reviewing each submission, the Reviewer may consider any factors rt deems relevant, including, without limitation, harmony of external design with surrounding structures and environment Decisions may be based on purely aesthetic considerations Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements The Reviewer shall respond m wrrtmg to the applicant at the address specified m the application The response may (i) approve the application, with or without conditions, (ii) approve a portion of the application and disapprove other portions or (iii) disapprove the application The Reviewer may, but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for curing any objections In the event that the Reviewer fails to respond m a timely manner (as provided m the Residential Design Guidelines), approval shall be deemed to have been given, subject to a Declarant's right to veto approval by the DRC pursuant to this Section However, no approval, whether expressly granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Residential Design Guidelines unless a differing design proposal has been approved pursuant to Section 4 5 Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U S Postal Service Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant Until expiration of a Declarant's rights under this Article, the DRC shall notify a Declarant m wrrtmg within three business days after the DRC has approved any application relating to proposed Work within the scope of matters delegated to the DRC by a Declarant The notice shall be accompanied by a copy of the application and any additional information which a Declarant may require A Declarant shall have 10 days after receipt of such notice to veto any such action m its sole discretion, by written notice to the DRC and the applicant If construction does not commence on a project for which Plans have been approved within one year after the date of approval such approval shall be deemed withdrawn and it shall be necessary for the Owner to reapply for approval before commencing the proposed Work Once construction is commenced rt shall be diligently pursued to completion All Work shall be completed within one year of commencement unless otherwise specified m the notice of ,~ ~~ 17 approval or unless the Reviewer grants an extension m writing, which rt shall not be obligated to do If approved Work is not completed within the required time, it shall be considered nonconforming and shall be subject to enforcement action by the Association, a Declarant or any aggrieved Owner The Reviewer may, by resolution, exempt certain activiries from the application and approval requirements of this Article, provided such activities are undertaken m strict compliance with the requirements of such resolution 4 4 No Waiver of Future Approvals Each Owner acknowledges that the persons reviewing applications under this Article will change from time to time and that opinions on aesthetic matters, as well as mterpretahon and application of the Residential Design Guidelines, may vary accordingly In addition, each Owner acknowledges that it may not always be possible to identify objectionable features of proposed Work until the Work is completed, in which case it may be unreasonable to require changes to the improvements involved, but the Reviewer may refuse to approve similar proposals in the future Approval of applications or Plans for anv Work done or proposed, or in connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any similar applications, Plans, or other matters subsequently or additionally submitted for approval 4 5 Variances The Reviewer may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions hardship, or aesthetic or environmental considerations require but only m accordance with duly adopted rules and regulations Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless m writing, (b) be contrary to this Declaration, or (c) estop the Reviewer from denying a variance m other circumstances For purposes of this Section, the inability to obtain approval of any governmental agency the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance 4 6 Limitation of Liabilrty The standards and procedures established by th-s Article are intended as a mechanism for maintaining and enhancing the overall aesthetics of the Properties, they do not create any duty to any Person Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and the Reviewer shall 18 not bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements, nor for ensuring that all dwelling are of comparable quality, value, or size or of similar design A Declarant, the Association, the Board, any committee, or member of any of the foregoing shall not be held liable for soil conditions, drainage or other general site work, any defects in plans revised or approved hereunder, or any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit In all matters, the Board, the DRC, and any members thereof shall be defended and indemnified by the Association as provided m Section 7 6 4 7 Certificate of Ap rp oval Any Owner may request that the Reviewer issue a certificate of approval certifying that there are no known violations on his or her Umt of this Article or the Residential Design Guidelines The Association shall either grant or deny such request within 30 days after receipt of a written request and may charge a reasonable administrative fee for issuing such certificates Issuance of such a certificate shall estop the Association from taking enforcement action with respect to any condition as to which the Association had notice as of the date of such certificate Article V Maintenance and Repair 5 1 Maintenance of Areas of Common Responsibility The Association shall mamtam the Areas of Common Responsibility as described m Section 7 2 5 2 Maintenance of Umts Each Owner shall mamtam his or her Unit and all landscaping and improvements comprising the Unit m a manner consistent with the Governing Documents, the Commumty- Wide Standard, and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to the Association or a Neighborhood pursuant to any Supplemental Declaration or other declaration of covenants applicable to such Unit Each Owner shall also be responsible for maintaining and irrigating the landscaping within that portion of any adjacent Common Area or public right-of--way lying between the Unit boundary and any wall, fence curb, or water's edge located on the Common Area or public right-of--way adjacent to the Unit boundary, provided, there shall be no right to remove trees, shrubs or similar vegetation from this area without prior approval pursuant to Article IV Each Owner 19 shall perform at the Owner's expense the maintenance and upkeep of fencing, Street Trees (if located on a Unrt), drainage swales and/or underground dram lines and catch basins installed on their Unrt 5 3 Maintenance of Neighborhood Property Upon resolution of the Board, Owners within each Neighborhood shall be responsible for paying, through Neighborhood Assessments, the costs of operating, maintaining, and insuring certain portions of the Areas of Common Responsibility within or adjacent to such Neighborhood This may include, without limitation, the costs of maintaining any signage, entry features, right-of--way, and greenspace between the Neighborhood and adjacent public roads, private streets within the Neighborhood, and lakes or ponds within the Neighborhood, regardless of ownership and regardless of the fact that such maintenance may be performed by the Association, provided, all Neighborhoods which are similarly situated shall be treated the same Any Neighborhood Association shall mamtam its common property and any other property for which rt has maintenance responsibility m a manner consistent with the Governing C Documents, the Community-Wide Standard, and all applicable covenants The Association may assume maintenance responsibility for property within any Neighborhood, m addition to that designated by any Supplemental Declaration, either by agreement with the Neighborhood or because, m the opinion of the Board, the level and quality of service then being provided is not consistent with the Community-Wide Standard All costs of maintenance pursuant to this paragraph shall be assessed as a Neighborhood Assessment only against the Units within the Neighborhood to which the services are provided The provision of services m accordance with this Section shall not constitute discrimination within a class 5 4 Responsibility for Repair and Replacement Unless otherwise specifically provided m the Governing Documents or m other instruments creating and assigning maintenance responsibility responsibility for maintenance shall include responsibility for repair and replacement, as necessary to mamtam the property to a level consistent with the Community-Wide Standard Repair and replacement may include improvement if necessary to comply with applicable building codes or other regulations or if otherwise deemed appropriate, m the Board's reasonable discretion ?o J By virtue of taking title to a Unrt, each Owner covenants and agrees with all other Owners and with the Association to carry property insurance for the full replacement cost of all insurable improvements on his or her Umt, less a reasonable deductible, unless either the Neighborhood Association (if any) for the Neighborhood m which the Unit is located or the Association carries such insurance (which they may, but are not obligated to do hereunder) If the Association assumes responsibility for obtaining any insurance coverage on behalf of Owners, the premiums for such insurance shall be levied as a Specific Assessment against the benefited Unit and the Owner Each Owner further covenants and agrees that m the event of damage to or destruction of structures on or comprising such Owner's Unrt, the Owner shall proceed promptly to repair or to reconstruct in a manner consistent with the original construction or such other plans and specifications as are approved m accordance with Article IV Alternatively, the Owner shall clear the Unit and maintain rt in a neat and attractive, landscaped condition consistent with the Community-Wide Standard The Owner shall pay any costs which are not covered by insurance proceeds The requirements of this Section shall apply to any Neighborhood Association responsible for common property within the Neighborhood m the same manner as if the Neighborhood Association were an Owner and the common property were a Umt Additional Recorded covenants applicable to any Neighborhood may establish more stringent requirements for insurance and more stringent standards for rebuilding or reconstructing structures on the Units within such Neighborhood and for clearing and maintaining the Units in the event the structures are not rebuilt or reconstructed 5 5 Remedies for Failure to Maintain If any Unit Owner shall fail to conduct maintenance on the Owner s Umt as required by this Article m the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Units, the Association shall notify the Owner m wntmg of the maintenance required If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance and to levy an assessment against the non-performing Owner and Umt for the cost of providing the maintenance The assessment shall constitute a lien against the Unit owned by the non-performing Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment The Association shall have all remedies for collection as provided m the Declaration In the event that emergency repairs are needed to correct a condition on a Umt which poses a substantial nsk of m~ury or significant property damage to others the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Owner of the repairs necessary Such notice in emergency circumstances shall be ?~ /~ ~~ sufficient if attempted orally or m wasting immediately pnor to the Association's undertaking the necessary repairs Emergency repairs performed by the Association, if not paid for by the Owner, may be collected by the Association rn the manner provided for herein notwithstanding the failure of the Association to give the Owner the thirty (30) day nonce PART THREE COMMUNITY GOVERNANCE AND ADMINISTRATION The success of Tahoma Terra rs dependent upon the support and participation of every residential owner rn its governance and administration The Declaration establishes the Association as the mechanism by which each Owner rs able to provide that support and partrcrpatron While many powers and responsibilities are vested rn the Association's Board of Directors some decisions are reserved for the Association's membership -the Owners of property rn the community Article VI The Association and its Members 6 1 Function of Association The Association is the entity responsible for management, maintenance, operation, and control of the Areas of Common Responsibility The Association also is the primary entity C responsible for enforcement of the Governing Documents The Association shall perform its functions m accordance with the Governing Documents, the Permits and applicable Thurston County Ordinances, and Washington law 6 2 Membership Every Owner shall be a Member of the Association There shall be only one membership per Umt If a Unrt is owned by more than one Person, all co-Owners shall share the privileges of such membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 6 3(c) and m the By-Laws, and all such co-Owners shall be~omtly and severally obligated to perform the responsibilities of Owners The membership rights of an Owner which is not a natural person may be exercised by any officer director, partner, or trustee, or by the individual designated from time to time by the Owner m a written instrument provided to the Secretary of the Association 6 3 Voting The Association shall have two classes of membership, Class "A" and Class "B " (a) Class "A" Class "A" Members shall be all Owners except the Class "B" Member, if any Class "A" Members shall have one equal vote for each Unrt m which they hold ~~ the interest required for membership under Section 6 2, except that there shall be only one vote per Umt and no vote shall be exercised for any property which is exempt from assessment under Section 8 9 (b) Class "B" The Class "B" Members shall be the Declarants The Class "B" Members may appoint a majority of the members of the Board of Directors during the Class "B" Control Period, as specified m the By-Laws Additional nghts of the Class "B" Member are specified m the relevant sections of the Governing Documents The Class "B" membership shall terminate upon the earlier of (i) five years after expiration of the Class "B" Control Period, or (ii) when, m its discretion, Declarants so determine and declare in a Recorded instrument Upon termination of the Class "B" membership, Declarants shall be a Class "A" Member entitled to Class "A" votes for each Unrt which they own (c) Exercise of Votm Rights Members may exercise voting rights as set forth m the By-Laws If there is more than one Owner of such Umt, the vote for such Umt shall be exercised as the co-Owners determine among themselves and advise the Secretary of the Association m wrrtmg prior to the vote being taken Absent such advice, the Unrt's vote shall be suspended if more than one Person seeks to exercise rt Members who are also subject to a Neighborhood Association may have their voting rights exercised by a voting representative if and to the extent set forth in the governing documents of such Neighborhood Association 6 4 Neighborhoods and Voting Groups The following diagram illustrates the interrelationships between possible components of the Association [THIS SPACE INTENTIONALLY LEFT BLANK] ~' ~; (a) Neighborhoods Every Unit shall be located within a Neighborhood Unless and until additional Neighborhoods are established, the Properties shall consist of a single Neighborhood The Units within a particular Neighborhood may be subject to additional covenants In addition, if required by law or otherwise approved by Declarant, the Owners within the Neighborhood may be members of a Neighborhood Association m addition to the Association In the absence of a Neighborhood Association, the Owners within a Neighborhood may elect a Neighborhood Committee m the manner provided for m the By- Laws to represent their interests Exhibit "A" to this Declaration, and each Supplemental Declaration submitting additional property to this Declaration shall initially assign the property submitted thereby to a specific Neighborhood (by name or other identifying designation), which Neighborhood may be then existing or newly created So long as Declarants have the right to subject additional property to this Declaration pursuant to Section 9 1, Declarants may unilaterally amend this Declaration or any Supplemental Declaration to create new Neighborhoods or to redesignate Neighborhood boundaries, provided, two or more existing Neighborhoods shall not be combined without the consent of Owners of a ma~onty of the Units m the affected Neighborhoods Any Neighborhood, acting either through a Neighborhood Committee or through a Neighborhood Association, if any, may request that the Association provide a higher level of service than that which the Association generally provides to all Neighborhoods, or may request that the Association provide special services for the benefit of Units in such Neighborhood 24 Components of Association Upon the affirmative vote, written consent, or a combination thereof, of Owners of a ma~onty of the Units wrthm the Neighborhood, the Association shall provide the requested services The cost of such services, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided, any such administrative charge shall apply at a uniform rate per Unit to all Neighborhoods receiving the same service), shall be assessed against the Units wrthm such Neighborhood as a Neighborhood Assessment The following is a summary of the formation and function of Neighborhoods NEIGHBORHOODS • Created by Declarant upon recording this Declaration or a supplemental declaration • Comprised of units which share common interests C • May request special services or higher level of services (b) Voting Groups Declarants may, from time to time, m its discretion, designate Voting Groups consisting of one or more Neighborhoods for the purpose of electing directors to the Board Voting Groups may be designated to ensure groups with dissimilar interests are represented on the Board and to avoid allowing Members from similar Neighborhoods to elect the entire Board, due to the number of Units m such Neighborhoods, excluding representation of others The number of Voting Groups wrthm the Properties shall not exceed the total number of directors to be elected by the Class "A" Members pursuant to the By-Laws Members within each Voting Group shall vote on a separate slate of candidates for election to the Board, with each Voting Group being entitled to elect an equal number of directors Declarants shall establish Voting Groups, if at all, not later than the date of expiration of the Class "B" Control Period by filing with the Association and Recording a Supplemental Declaration identifying each Voting Group by legal description or other means such that the Units wrthm each Voting Group can easily be determined Such designation may be amended from time to time by Declarants, acting alone, at any time poor to the expiration of the Class "B" Control Period Until such time as Voting Groups are established, all of the Properties shall constitute a single Voting Group After a Supplemental Declaration establishing Voting Groups has been Recorded, any and all portions of the Properties which are not assigned to a specific Voting Group shall constitute a single Voting Group `-' 25 Article VII Association Powers and Responsibilities 7 1 Acceptance and Control of Association Property The Association, through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property Declarants and Declarants' designees may convey to the Association personal property and fee title, leasehold or other property interests m any real property, improved or unimproved, described m Exhibits "A" or "B " The Association shall accept and mamtam such property at its expense for the benefit of its Members, subject to any restrictions set forth m the deed or other instrument transferring such property to the Association and any obligations or conditions appurtenant to such property Upon a Declarant's written request, the Association shall reconvey to Declarant any unimproved portions of the Properties originally conveyed by a Declarant to the Association for no consideration, to the extent conveyed by a Declarant in error or needed by a Declarant to make minor adjustments in property lines 7 2 Maintenance of Areas of Common Responsibility C The Association shall mamtam, m accordance with the Community-Wide Standard and the Permits, the Areas of Common Responsibility, which shall include, but need not be limited to (a) the Common Area and the Community Area, which includes the entry features, landscaping, private parks within the Properties, alleys serving all or any of the Units, private trails within the Master Plan, recreational amenities and the community center, open spaces, wetlands, natural preserve areas and conservation areas within the Master Plan, sensitive areas, and buffers, (b) supplemental landscaping, maintenance, and repairs to property dedicated or conveyed to the City of Yelm or other public entities (to the extent permitted by and consistent with any conditions imposed by such entities) and which may include public rights-of--way within or abutting the Properties, public parks and play areas, public trails drainage areas, and storm water facilities, (c) irrigation facilities, park and pool/ride lots, and transit shelters that are not maintained by Thurston County or another~urisdiction, (d) planter strips medians, and central planting areas within cul-de-sacs, 26 (e) mailbox and mailbox shelters (which may not be moved or physically altered without approval of the DRC, the U S Postal Service and the Crtv of Yelm), (f) such portions of any additional property included within the Areas of Common Responsibility as may be dictated by this Declaration, any Supplemental Declaration, the Covenant to Share Costs, or any contract or agreement for maintenance thereof entered into by the Association, including landscaping and other flora, viewsheds, parks lakes, utility areas or improvements, structures, improvements, streets, alleyways, and bike/pedestrian pathways and trails, (g) any ponds, streams and/or wetlands located within the Properties which serve as part of the storm water drainage system for the Properties, including improvements and equipment installed therein or used m connection therewith, and (h) any property and facilities owned by a Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members, such property and facilities to be identified by written notice from Declarant to the Association and to remain a part of the Areas of Common Responsibility and be maintained by the Association until such time as a Declarant revokes such privilege of use and enjoyment by written notice to the Association c- The Association may mamtam other property which rt does not own, including, without limitation, Units, property dedicated to the public, or property owned or maintained by a Neighborhood Association if the Board of Directors determines that such maintenance is necessary or desirable to mamtam the Community-Wide Standard The Association shall not be liable for any damage or injury occurring on, or arising out of the condition of, property which rt does not own except to the extent that rt has been negligent m the performance of its maintenance responsibilities The Association shall maintain the facilities and equipment wrthm the Areas of Common Responsibility m continuous operation, except for any periods necessary, as determined m the sole discretion of the Board, to perform required maintenance or repairs, unless Members representing 67% of the Class "A" votes m the Association and the Class "B" Members, if any, agree m writing to discontinue such operation Except as provided above, the Areas of Common Responsibility shall not be reduced by amendment of this Declaration or any other means except with a Declarant's prior written approval as long as a Declarant owns any property described m Exhibits "A" or "B" of this Declaration 27 The costs associated with maintenance, repair, momtonng, and replacement of the Areas of Common Responsibility shall be a Common Expense, provided, the Association may seek reimbursement from the owner(s) of, or other Persons responsible for, certain portions of the Areas of Common Responsibility pursuant to this Declaration, the Covenant to Share Costs, other Recorded covenants, or agreements with the owner(s) thereof Maintenance, repair, and replacement of Exclusive Common Areas shall be a Neighborhood Expense assessed to the Neighborhood(s) such to which the Exclusive Common Areas are assigned, notwithstanding that the Association may be responsible for performing such maintenance hereunder 7 3 Insurance (a) Required Coverages The Association, acting through its Board or its duly authorized agent, shall obtain and continue m effect the following types of insurance, if reasonably available, or if not reasonably available, the most nearly equivalent coverages as are reasonably available (i) Blanket property insurance covering the full replacement cost all insurable improvements under current building ordinances and codes on the Common Area and within the Areas of Common Responsibility to the extent that Association has assumed responsibility m the event of a casualty, regardless of ownership, (u) Commercial general liability insurance on the Areas of Common Responsibility, insuring the Association and its Members with hmrts of (if generally available at reasonable cost, including primary and any umbrella coverage) at least $1,000,000 00 per occurrence with respect to bodily m~ury personal m~ury, and property damage, or such additional coverage and higher limits which a reasonably prudent person would obtain, (iii) Workers compensation insurance and employers liability insurance, if and to the extent required by law, (iv) Directors and officers liability coverage, (v) Commercial crime insurance, including fidelity insurance covering all Persons responsible for handling Association funds m an amount determined m the Board's best business judgment but not less than an amount equal to one-sixth of the annual Base Assessments on all Umts plus reserves on hand Fidelity insurance policies shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation, and (vi) Such additional insurance as the Board, m its best business judgment, determines advisable ~j 28 In addition the Association may, on request of a Neighborhood Association, and shall, if so specified m a Supplemental Declaration applicable to any Neighborhood, obtain and maintain property insurance on the insurable improvements within such Neighborhood which insurance shall comply with the requirements of Section 7 3(a)(i) Any such policies shall provide for a certificate of insurance to be furnished upon request to the Owner of each Unit insured Premiums for all insurance on the Areas of Common Responsibility shall be Common Expenses, except that (i) premiums for property insurance on the Community Area shall be a Joint Expense allocated m accordance with the Covenant to Share Costs, (ii) premiums for property insurance on Units within a Neighborhood shall be a Neighborhood Expense, and (iii) premiums for insurance on Exclusive Common Areas may be included m the Neighborhood Expenses of the Neighborhood(s) to which such Exclusive Common Areas are assigned unless the Board reasonably determines that other treatment of the premiums is more appropriate (b) Pohcv Requirements The Association shall arrange for an annual review of the sufficiency of its insurance coverage by one or more qualified Persons, at least one of whom must be familiar with insurable replacement costs m Western Washington All Association policies shall provide for a certificate of insurance to be furnished to the Association and, upon request, to each Member insured The policies may contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy m determining whether the policy limits satisfy the requirements of Section 7 3(a) In the event of an insured loss, the deductible shall be treated as a Joint Expense, Common Expense or a Neighborhood Expense m the same manner as the premiums for the applicable insurance coverage However, if the Board reasonably determines, after notice and an opportunity to be heard m accordance with the By-Laws, that the loss is the result of the negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then the Board may assess the full amount of such deductible against such Owner(s) and their Units as a Specific Assessment All insurance coverage obtained by the Board shall (i) be written with a company authorized to do business m Washington which satisfies the requirements of the Federal National Mortgage Association, or such other secondary mortgage market agencies or federal agencies as the Board deems appropriate, 29 (ii) be written in the name of the Association as trustee for the benefited parties Policies on the Common Areas shall be for the benefit of the Association and rts Members Policies secured on behalf of a Neighborhood shall be for the benefit of the Owners within the Neighborhood and their Mortgagees, as their interests may appear, (ui) not be brought into contribution with insurance purchased by Owners, occupants, or their Mortgagees individually, (iv) contain an inflation guard endorsement, (v) include an agreed amount endorsement, if the policy contains a co- insurance clause, (vi) provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner's interest m the Common Area as a Member in the Association (provided this provision shall not be construed as giving an Owner any interest m the Common Area other than that of a Member), (vii) provide a waiver of subrogation under the policy against any Owner or household member of a Owner, (viii) include an endorsement precluding cancellation, invalidation, suspension, or non-renewal by the insurer on account of any one or more individual Owners, or on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure, and (iY) include an endorsement precluding cancellation invalidation, or condition to recovery under the policy on account of any act or omission of any one or more individual Owners, unless such Owner is acting within the scope of its authority on behalf of the Association In addition, the Board shall use reasonable efforts to secure insurance policies which provide (i) a waiver of subrogation as to any claims against the Association's Board, officers employees, and its manager, the Owners and their tenants, servants, agents, and guests, (ii) a waiver of the insurer's rights to repair and reconstruct instead of paying cash, 30 (iu) an endorsement requiring at least 30 days' prior written notice to the Association of any cancellation, substantial modification, or non-renewal, and (iv) across liability provision (c) Restorm~ aged Improvements In the event of damage to or destruction of Common Area or other property which the Association is obligated to insure, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially the condition m which it existed prior to the damage, allowing for changes or improvements necessitated by changes m applicable building codes Damaged improvements on the Common Area shall be repaired or reconstructed m a timely manner unless Members representing at least 75% of the total Class "A" votes m the Association, and the Class "B" Members, if any decide not to repair or reconstruct No Mortgagee shall have the right to participate m the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed If a decision is made not to restore the damaged improvements, and no alternative improvements are authorized, the affected property shall be cleared of all debris and rums and thereafter shall be maintained by the Association m a neat and attractive, landscaped condition consistent with the Communrty- ~ Wide Standard Any insurance proceeds remaining after paying the costs of repair or reconstruction, or after such settlement as is necessary and appropriate, shall be retained by the Association for the benefit of its Members or the Persons entitled to use the damaged or destroyed property, as appropriate, and placed m a capital improvements account This is a covenant for the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Unit If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may, without a vote of the Members, levy Special Assessments to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 7 3(a) 7 4 Compliance and Enforcement Every Owner and occupant of a Unrt shall comply with the Governing Documents The Board may impose sanctions for violation of the Governing Documents after notice and a hearing m accordance with the procedures set forth m the By-Laws Such sanctions may include without limitation 31 (a) imposing reasonable monetary fines which shall constitute a hen upon the violator's Unrt (In the event that any occupant, guest or invitee of a Unrt violates the Governing Documents and a fine is imposed, the fine shall first be assessed against the violator, provided, if the fine is not paid by the violator within the time period set by the Board, the Owner shall pay the fine upon notice from the Board), (b) suspending an Owner's right to vote, (c) suspending any Person's right to use any recreational facilities within the Common Area, provided, nothing herein shall authorize the Board to limit ingress or egress to or from a Umt, (d) suspending any services provided by the Association to an Owner or the Owner's Unrt if the Owner is more than 30 days delinquent m paying any assessment or other charge owed to the Association, (e) exercising self-help or taking action to abate any violation of the Governing Documents m anon-emergency situation, (f) requiring an Owner, at its own expense, to remove any structure or improvement on such Owner's Unrt m violation of Article IV and to restore the Unrt to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the nght to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass, (g) without liability to any Person, precluding any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with the terms and provisions of Article IV and the Residential Design Guidelines from continuing or performing any further activities m the Properties, and (h) levying Specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents In addition, the Board may take the following enforcement procedures to ensure compliance with the Governing Documents without the necessity of compliance with the procedures set forth in the By-Laws (a) exercising self-help m any emergency situation (specifically including, but not limited to, the towing of vehicles that are in violation of parking Rules and Regulations) 32 (b) bringing suit at law or in equity to en~om any violation or to recover monetary damages or both In addition to any other enforcement rights, if an Owner fails properly to perform his or her maintenance responsibility, the Association may Record a notice of violation or perform such mamtenance responsibilities and assess all costs incurred by the Association against the Unit and the Owner as a Specific Assessment If a Neighborhood Association fails to perform its mamtenance responsibilities, the Association may perform such mamtenance and assess the costs as a Specific Assessment against all Units within such Neighborhood Except in an emergency situation, the Association shall provide the Owner or Neighborhood Association reasonable notice and an opportunity to cure the problem prior to taking such enforcement action All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity In anv action to enforce the Governing Documents, if the Association prevails, rt shall be entitled to recover all costs, including without limitation, attorneys fees and court costs, reasonably incurred in such action The Association shall not be obligated to take any action if the Board reasonably C determines that the Association's position is not strong enough to justify taking such action that the covenant, Use Restriction, or Rule and Regulation being enforced is, or is likely to be construed as, inconsistent with applicable law, or that rt is not m the Association's interest, based upon hardship expenses, or other reasonable criteria to pursue enforcement action Such a decision shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or estop the Association from enforcing any other covenant, Use Restriction, or Rule and Regulation The Association, by contract or other agreement, may enforce applicable county ordinances, if applicable, and permit the City of Yelm to enforce ordinances within the Properties for the benefit of the Association and its Members While conducting the Association's business affairs, the Board shall act within the scope of the Governing Documents and in Qood faith to further the legitimate interests of the Association and its Members In fulfilling its governance responsibilities, the Board's actions shall be governed and tested by the rule of reasonableness The Board shall exercise its power in a fair and nondiscriminatory manner and shall adhere to the procedures established in the Governing Documents ~% 33 7 5 Implied Rights, Board Authority The Association may exercise any nght or privilege given to rt expressly by the Governing Documents, or reasonably implied from or reasonably necessary to effectuate any such right or privilege Except as otherwise specifically provided m the Governing Documents, or by law, all rights and powers of the Associarion may be exercised by the Board without a vote of the membership The Board may institute, defend, settle, or intervene on behalf of the Association m mediation, binding or non-binding arbitration, litigation, or administrative proceedings m matters pertaining to the Area of Common Responsibility, enforcement of the Governing Documents, or any other civzl claim or action However, the Governing Documents shall not be construed as creating any independent legal duty to institute litigation on behalf of or in the name of the Association or its members In exercising the rights and powers of the Association, making decisions on behalf of the Association, and conducting the Association's affairs, Board members shall be sub}ect to, and their actions shall be fudged m accordance with, the standards set forth in Section 3 27 of the By-Laws ~/ 7 6 Indemnification of Officers Directors and Others Subject to Washington law, the Association shall indemnify every officer, director, and committee member against all damages and expenses, including counsel fees, reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any curt or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of bung or having been an officer, director, or committee member, except that such obligation to indemnify shall be limited to those actions for which liability is limited under this Section and Washington law The officers, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association (except to the extent that such officers or directors may also be Members of the Association) The Association shall indemnify and forever hold each such officer, director, and committee member harmless from any and all liability to others on account of any such contract, commitment, or action This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled The Association shall, as a C ~~ Common Expense, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available 7 7 Security The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be Neither the Association nor Declarant shall m any way be considered insurers or guarantors of security within the Properties, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken No representation or warranty is made that any systems or measures, including any mechanism or system for hmrtmg access to the Properties, cannot be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended Each Owner acknowledges, understands, and covenants to inform its tenants and all occupants of its Unit that the Association, its Board and committees, and Declarant are not insurers and that each Person using the Properties assumes all risks of personal injury and loss or damage to property, including Unrts and the contents of Units, resulting from acts of third parties \~ 7 8 Effect of Dissolution of Association In the event that the Association is dissolved and is no longer licensed as anon-profit corporation, the rights and duties of the Association (including, but not limited to, all ownership interest in the Common Areas) shall vest m the Owners, as an unincorporated association Any Owner or any Mortgagee may reinstate the Association's corporate status or create a successor entity as a successor to the Association, at any time by filing with the State of Washington such documents as required by law to reinstate the Association or create rts successor, and upon such reinstatement, the Owners' rights and duties, as described m this Declaration, shall re-vest m the reinstated or successor Association, and all owners shall be members thereof with all rights to vote provided by law and the organizational documents of the entity To the greatest extent possible, any successor entity shall be governed by the Articles and Bylaws of the Association as if they had been made to constitute the governing documents of the successor entity 7 9 Powers of the Association Relating to Neighborhood Since a Neighborhood Committee is a committee of the Association, the Board shall have all of the power and control over any Neighborhood Committee that it has under applicable law over other committees of the Association ~s The Association shall have the power to veto any action taken or contemplated to be taken by any Neighborhood Committee or Neighborhood Association which the Board reasonably determines to be adverse to the interests of the Association or its Members or inconsistent with the Community-Wide Standard The Association also shall have the power to require specific action to be taken by any Neighborhood Association m connection with its obligations and responsibilities, such as requiring specific maintenance or repairs or aesthetic changes to be effectuated and requiring that a proposed budget include certain items and that expenditures be made therefor A Neighborhood Association shall take appropriate action required by the Association m a written notice within the reasonable time frame set by the Association in the notice If the Neighborhood Association fails to comply, the Association shall have the right to effect such action on behalf of the Neighborhood Association and levy Specific Assessments to cover the costs, as well as an administrative charge and sanctions 7 10 Provision of Services The Association may provide or provide for services and facilities for the Members, their guests, lessees, and invitees, and shall be authorized to enter into and terminate contracts or agreements with other entities, including a Declarant, to provide such services and facilities The Board may charge use and consumption fees for such services and facilities By way of example some services and facilities which might be offered include landscape maintenance, pest control service, cable television service, security, caretaker, transportation, fire protection, utilities, and similar services and facilities Nothing herein shall be construed as a representation by a Declarant or the Association as to what, if any, services shall be provided In addition, the Board shall be permitted to modify or cancel existing services provided, m its discretion unless otherwise required by the Governing Documents No Owner shall be exempt from the obligation to pay for such services, if provided to all Owners as a Common Expense, based upon non-use or any other reason 7 11 Relations with Other Properties The Association may enter into contractual agreements or covenants to share costs with other associations, properties or facilities for mamtaimng and/or operating shared or mutually beneficial properties or facilities Each Owner acknowledges and agrees that the Association is or shall be obligated under the Covenant to Share Costs to contribute funds for, among other things, shared or mutually beneficial property or services within Tahoma Terra ~/ 3 6 ~. 7 12 Facilities and Services Open to the Public Certain facilities and areas within the Properties may be open for use and enjoyment of the public Such facilities and areas may include, by way of example greenbelts, trails and paths, parks, and other neighborhood spots conducive to gathering and interaction, roads, sidewalks, and medians Declarant may designate such facilities and areas as open to the public at the time a Declarant makes such facilities and areas a part of the Areas of Common Responsibility or the Board may so destgnate at any time thereafter Portions of the Common Area and/or Community Area which are not intended to be open to the public may be posted as private property 7 13 Permit Matters The Properties are subject to a variety of permit restrictions and obligations which are contained in the Permits and other City of Yelm Ordinances and are binding upon the Properties and run with the land The Association and each Owner shall comply with the restrictions and requirements of the Permits, as applicable During initial development of the Properties, Declarants shall implement, maintain and enforce the programs and requirements of the Permits A Declarant shall have the right, but not the obligation to delegate or assign (~ certain responsibilities to the Association or any committee, and the Association or such ~/ committee shall have the obligation to accept and fulfill such delegation or assignment of such obligations The cost of such activities shall be either a Common Expense or a Joint Expense, if the activity is associated with the Community Area and for the general benefit of all of Tahoma Terra Examples of matters which Declarant may delegate or assign to the Association include, without limitation, preparing and implementing educational and environmental conservation programs and training materials with an emphasis on irrigation and landscape maintenance, preservation of groundwater and wetland preserve areas Declarant may assign water monitoring and reporting requirements to the Association The Association may also assume responsibilities for implementation and operation of a transit program for Tahoma Terra, including staffing the position of a transportation coordinator, if such responsibilities are delegated by Declarant The Association shall adopt "best management practices" ("BMP") with regard to water quality within the Propernes which BMP shall be reevaluated from time to time by the Association in consultation with the City of Yelm The Association each Owner, and each occupant of a Unit shall abide by such BMP ~~ The Association shall prepare or provide for the preparation of educational materials regarding, among other things, fertilizer and pesticide/herbicide application, including practices relating to the quantity, timing, and type of fertilizer which may be applied to lawns and gardens to protect water quality Such educational materials shall be made available to all Owners and residents In addition, all landscape contracts entered into by the Association shall comply with such BMP In the performance of its responsibilities, the Association shall follow the standards and requirements of the Permits and City of Yelm Ordinances The Association shall comply with the design guidelines and maintenance standards referenced m the Permits, particularly m the use and preservation of native vegetation and landscaping, m the performance of its responsibilities under this Declaration 7 14 Recyclm~ Programs The Board may establish a recycling program and recycling center within the Properties, and, m such event, all Owners and occupants of Units shall support such program by recycling, to the extent reasonably practical, all materials which the Association's recycling program or center is set up to accommodate The Association may, but shall have no obligation to, purchase recyclable materials m order to encourage participation, and any income received by the Association as a result of such recycling efforts shall be used to offset Common Expenses 7 15 Relationship with TaY-Exempt Organizations Declarant or the Association may create, enter into agreements or contracts with, or grant exclusive and/or non-exclusive easements over portions of the Common Area to non- profit, tax-exempt organizations, the operation of which confers some benefit upon the Properties, the Association, the Members, or residents While such organization(s) may perform a variety of services and functions rt is anticipated that such activities will focus on environmental and conservation programs benefiting the Tahoma Terra area and the community as a whole If established by Declarant or the Association for activities within the Master Plan, the Association shall be responsible to fund the minimum organization expenses of maintaining such entity and may contribute money, real or personal property, or services to such entity Such expenses and anv such contributions shall be a Joint Expense For the purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code ("Code"), such as, but not limited to, entities which are exempt from federal income taxes under Sections ~O1(c)(3) or 501(c)(4) as the Code may be amended from time to time 38 Article VIII Association Finances 8 1 Budgetmg.and Allocating Common Expenses At least 60 days before the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year, including any contributions to be made to a reserve fund pursuant to Section 8 3 The budget or additional worksheets shall reflect Association expenses incurred m fulfilling the responsibilities and payments made pursuant to the Covenant to Share Costs The Association's share of the amount owed under the Covenant to Share Costs shall be entered as a line item m the Association's budget of Common Expenses allocated to its Members hereunder The budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Units, and the amount to be generated through the levy of Base Assessments and Special Assessments against the Units, as authorized m Section 8 6 The Association is hereby authorized to levy Base Assessments equally against all Units subject to assessment under Section 8 6 to fund the Common Expenses In determining the Base Assessment rate per Umt, the Board may consider any assessment income expected to be generated from any additional Units reasonably anticipated to become subject to assessment during the fiscal year A Declarant may, but shall not be obligated to, reduce the Base Assessment for any fiscal year by payment of a subsidy (m addition to any amounts paid by Declarant under Section 8 7(b)), which may be either a contribution, an advance against future assessments due from Declarant or a loan, m a Declarant's discretion Any such subsidy shall be disclosed as a line item m the income portion of the budget Payment of such subsidy m any year shall not obligate Declarant to continue payment of such subsidy m future years, unless otherwise provided m a written agreement between the Association and a Declarant Within 30 days after the adoption of a final budget by the Board, the Board shall send to each Owner a copy of the final budget notice of the amount of the Base Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget Such meeting shall be held not less than 14 nor more than 60 days from the mailing of such materials The budget and assessment shall be ratified unless disapproved at a meeting by Members representing at least 67% of the total Class "A" votes m the Association and by the Class "B" Member, if such exists Such ratification shall be effective whether or not a quorum is present ;9 If any proposed budget is disapproved or the Board fails for any reason to determine the budget for any year, then the budget most recently m effect shall continue m effect until a new budget is determined The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the right of the Members to disapprove the revised budget as set forth above 8 2 Bud etmg and Allocatm Neighborhood Expenses At least 60 days before the beginning of each fiscal year, the Board shall prepare a separate budget covering the estimated Neighborhood Expenses for each Neighborhood on whose behalf Neighborhood Expenses are expected to be incurred during the coming year Each such budget shall include any costs for additional services or a higher level of services which the Owners m such Neighborhood have approved pursuant to Section 6 4(a) and any contribution to be made to a reserve fund pursuant to Section 8 3 The budget shall also reflect the sources and estimated amounts of funds to cover such expenses, which may include any surplus to be applied from prior years, any income expected from sources other than assessments levied against the Umts, and the amount required to be generated through the levy of Neighborhood and Special Assessments against the Units m such Neighborhood The Association is hereby authorized to levy Neighborhood Assessments equally against all Units in the Neighborhood which are subject to assessment under Section 8 6 to fund Neighborhood Expenses, provided, if so specified m the applicable Supplemental Declaration or if so directed by petition signed by a majority of the Owners within the Neighborhood, any portion of the assessment intended for exterior maintenance of structures, insurance on structures, or replacement reserves which pertain to particular structures shall be levied on each of the benefited Umts m proportion to the benefit received Within 30 days prior to the beginning of the fiscal year after the adoption of a final budget for a Neighborhood by the Board, the Board shall send to each Owner within the Neighborhood a copy of the final budget, notice of the amount of the Neighborhood Assessment to be levied pursuant to such budget, and notice of a meeting to consider ratification of the budget Such meeting shall be held not less than 14 nor more than 60 days from the mailing of such materials Such budget and assessment shall be ratified unless disapproved at a meeting of the Neighborhood by Owners of at least 67% of the Umts m the Neighborhood to which the Neighborhood Assessment applies and the Class "B" Member, if any Such ratification shall be effective whether or not a quorum is present 40 If the proposed budget for any Neighborhood is disapproved or if the Board fails for any reason to determine the budget for any year, then until such time as a budget is determined, the budget m effect for the immediately preceding year shall continue for the current year The Board may revise the budget for any Neighborhood and the amount of any Neighborhood Assessment from time to time during the year, subject to the notice requirements and the right of the Owners of Units m the affected Neighborhood to disapprove the revised budget as set forth above 8 3 Bud~etm~ for Reserves The Board shall prepare and periodically review a reserve budget for the Areas of Common Responszbilrty and for each Neighborhood for which the Association maintains capital items as a Neighborhood Expense The budgets shall take into account the number and nature of replaceable assets the expected life of each asset and the expected repair or replacement cost The Board shall include m the Common Expense budget adopted pursuant to Secrion 8 1 or the Neighborhood Expense budgets adopted pursuant to Section 8 2, as appropriate, a capital contribution to fund reserves m an amount sufficient to meet the projected ~` need with respect both to amount and timing by annual contributions over the budget period ~/ 8 4 Special Assessments In addition to other authorized assessments, the Association may levy Special Assessments to cover unbudgeted expenses or expenses m excess of those budgeted Any such Special Assessment may be levied as a Joint Expense and allocated m accordance with the Covenant to Share Costs, may be levied against the entire membership, if such Special Assessment is for Common Expenses, or may be levied against the Umts within any Neighborhood if such Special Assessment is for Neighborhood Expenses Except as otherwise specifically provided m this Declaration, any Special Assessment shall require the affirmative vote or written consent of Members (if a Common Expense) or Owners (if a Neighborhood Expense) representing more than 50% of the total votes allocated to Units which will be subject to such Special Assessment, and the affirmative vote or written consent of the Class "B" Members, if such exist Special Assessments shall be payable m such manner and at such times as determined by the Board, and may be payable m installments extending beyond the fiscal year m which the Special Assessment is approved 8 5 Specific Assessments The Association shall have the power to levy Specific Assessments against a particular Umt as follows a~ (a) to cover the costs, including overhead and administrative costs, of providing services to Units upon request of an Owner pursuant to any menu of special services which may be offered by the Association (which might include the items identified m Section 7 9) Specific Assessments for special services may be levied m advance of the provision of the requested service, and (b) to cover costs incurred m brmgmg the Unit into compliance wrth the Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of the Unit, their agents, contractors, employees, licensees, invitees, or guests, provided, the Board shall give the Unrt Owner prior wntten notice and an opportunity for a hearing, m accordance with the By-Laws, before levying any Specific Assessment under this subsection (b) The Association may also levy a Specific Assessment against the Units within any Neighborhood to reimburse the Association for costs incurred m brmgmg the Neighborhood into compliance wrth the provisions of the Governing Documents, provided the Board gives prior written notice to the Owners of Units m the Neighborhood and an opportunity for such Owners or members of the Neighborhood Committee to be heard before levying any such assessment 8 6 Authority To Assess Owners, Time of Payment Declarants hereby establish and the Association is hereby authorized to levy assessments as provided for m this Article and elsewhere m the Governing Documents The obligation to pay assessments shall commence as to each Unit, after the Board first determines a budget and levies assessments, six months after the Unit is submitted to this Declaration The first annual Base Assessment and Neighborhood Assessment, if any, levied on each Unit shall be adjusted according to the number of months remaining m the fiscal year at the time assessments commence on the Unit Assessments shall be paid m such manner and on such dates as the Board may establish The Board may require advance payment of assessments at closing of the transfer of title to a Unit and impose special requirements for Owners wrth a history of delinquent payment If the Board so elects, assessments may be paid in two or more installments Unless the Board otherwise provides the Base Assessment and any Neighborhood Assessment shall be due and payable in advance on the first day of each fiscal year If any Owner is delinquent m paying any assessments or other charges levied on his Umt, the Board may require the outstanding balance on all assessments to be paid m full immediately 42 8 7 Obligation for Assessments (a) Personal Obhgatton Each Owner, by accepting a deed or entering into a Recorded contract of sale for any portion of the Properties, is deemed to covenant and agree to pay all assessments authorized m the Governing Documents All assessments, together with interest (computed from its due date at a rate of 10% per annum or such higher rate as the Board may establish, subject to the limitations of Washington law), late charges as determined by Board resolution, costs, and reasonable attorneys' fees, shall be the personal obligation of each Owner and a hen upon each Unrt until paid m full Upon a transfer of title to a Umt, the grantee shall be ~omtly and severally liable for any assessments and other charges due at the time of conveyance Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments In such event, each Owner shall continue to pay Base Assessments and Neighborhood Assessments on the same basis as during the last year for which an assessment was made, if any, until a new assessment is levied, at which time the Association may retroactively assess any shortfalls m collections No Owner may exempt himself from liability for assessments by non-use of Common Area, abandonment of his Unrt, or any other means The obligation to pay assessments is a separate and independent covenant on the part of each Owner No diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or from any other action rt takes Upon written request the Association shall furnish to any Owner liable for any type of assessment a certificate m writing signed by an Association officer setting forth whether such assessment has been paid Such certificate shall be conclusive evidence of payment The Association may require the advance payment of a reasonable processing fee for the issuance of such certificate (b) Declarant's Option To Fund Budget Deficits During the Class 'B" Control Period, a Declarant may satisfy its obligation for assessments, if any, on Units which it owns either by paying such assessments in the same manner as any other Owner or by paying the difference between the amount of assessments levied on all other Units subject to assessment and the amount of actual expenditures by the Association during the fiscal year Unless Declarant otherwise notifies the Board in writing at least 60 days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as 43 during the immediately preceding fiscal year Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied m the form of cash or by "m kind" contributions of services or materials, or by a combination of these After termination of the Class "B" Control Period Declarant shall pay assessments on its unsold Unrts m the same manner as any other Owner 8 8 Lien for Assessments The Association shall have a hen against each Unrt to secure payment of delinquent assessments, as well as interest, late charges (subject to the hmrtations of Washington law), and costs of collection (mcludmg attorneys fees) Such hen shall be superior to all other hens, except (a) the liens of all taxes, bonds, assessments, and other levies which by law would be superior, and (b) the lien or charge of any Recorded first Mortgage (meaning any Recorded Mortgage with first priority over other Mortgages) made m good faith and for value Such hen, when delinquent, may be enforced by suit judgment, and~udicial or non~udicial foreclosure The Association may bid for the Unit at the foreclosure sale and acquire hold, lease, mortgage and convey the Unit While a Unit is owned by the Association following foreclosure (a) no right to vote shall be exercised on its behalf, (b) no assessment shall be levied on rt, and (c) each other Unit shall be charged, m addition to its usual assessment, its pro rata share of the assessment that would have been charged such Unit had it not been acquired by the Association The Association may sue for unpaid assessments and other charges authorized hereunder without foreclosing or waiving the hen securing the same Sale or transfer of any Unit shall not affect the assessment hen or relieve such Unrt from the lien for any subsequent assessments However, the sale or transfer of any Umt pursuant to foreclosure of the first Mortgage shall extinguish the lien as to any installments of such assessments due prior to the Mortgagee's foreclosure The subsequent Owner to the foreclosed Unit shall not be personally liable for assessments on such Unit due prior to such acquisition of title Such unpaid assessments shall be deemed to be Common Expenses collectible from Owners of all Units subject to assessment under Section 8 6, mcludmg such acquirer, rts successors and assigns 8 9 Suspension of Votm~ Rights In the event anv Member shall be in arrears m the payment of the assessments due or shall be m default of the performance of any of the terms of this Declaration, the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, for a period of thirty (30) days, the Member's right to vote may be suspended by the Board, and if suspended shall remain suspended until all payments, together with interest, late fees, and attorneys fees and costs, if any, `-' 44 are brought current and all defaults remedied In addition, the Association shall have such other remedies against such delinquent Members as may be provided m the Articles, Bylaws, the Declaration, or Washington state law 8 10 Exempt Property The following property shall be ~xempt from payment of Base Assessments, Neighborhood Assessments, and Special Assessments (a) All Common Area and such portions of the property owned by Declarant as are included in the Areas of Common Responsibility, (b) Any property dedicated or conveyed to and accepted by any governmental authority or public utility, and (c) Property owned by any Neighborhood Association for the common use and enjoyment of its members, or owned by the members of a Neighborhood Association as tenants-in-common In addition, Declarant and/or the Associatian shall have the right, but not the obligation, to grant exemptions to certain Persons qualifying for tax exempt status under Section 501(c) of the Internal Revenue Code so long as such Persons own property subject to this Declaration for purposes listed m Section ~01(c) 8 11 Ca~rtahzation of Association Upon acquisition of record title to a Umt by the first Owner thereof other than Declarants or a Builder a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in the amount of $300 00 This amount shall be m addition to, not in lieu of, the annual Base Assessment and shall not be considered an advance payment of such assessment This amount shall be depostted into the purchase and sales escrow and disbursed therefrom to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to this Declaration and the By-Laws 45 PART FOUR COMMUNITY DEVELOPMENT The Declaration reserves various rights to the developer rn order to facilitate the smooth and orderly development of Tahoma Terra and to accommodate changes in the Master Plan which inevitably occur as a communtty the size of Tahoma Terra grows and tnatures Article IX Expansion of the Community 9 1 Expansion by Declarants A Declarant may from time to time subject to the provisions of this Declaration all or any portion of the property described m Exhibit "B," including portions which are not contiguous to other portions of the Properties, by Recording a Supplemental Declaration describing the additional property to be subjected A Supplemental Declaration Recorded pursuant to this Section shall not require the consent of any Person except the owner of such property, if other than a Declarant A Declarant's right to expand the Properties pursuant to this Section shall expire when all property described in Exhibit "B" has been subjected to this Declaration or 20 years after this Declaration is Recorded, whichever is earlier Until then, a Declarant may transfer or assign this right to any Person who is the developer of at least a portion of the real property described m Exhibits "A" or "B " Any such transfer shall be memorialized in a written, Recorded instrument executed by Declarant Nothing in this Declaration shall be construed to require a Declarant or any successor to subject additional property to this Declaration or to develop any of the property described m Exhibit "B"many manner whatsoever 9 2 Expansion by the Association The Association may also subject additional property to the provisions of this Declaration by Recording a Supplemental Declaration describing the additional property Any such Supplemental Declaration shall require the affirmative vote of Members representing more than SO% of the Class "A" votes of the Association and the consent of the owner of the property In addition, so long as a Declarant owns property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9 1, a Declarant's consent shall be necessary The Supplemental Declaration shall be signed by the President and Secretary of the Association, by the owner of the property and by a Declarant, if a Declarant's consent is necessary C 46 9 3 Additional Covenants and Easements A Declarant may subject any portion of the Properties to additional covenants and easements, including covenants obhgaring the Association to maintain and insure such property and authorizing the Association to recover its costs through Neighborhood Assessments Such additional covenants and easements may be set forth either m a Supplemental Declaration sub~ectmg such property to this Declaration or m a separate Supplemental Declaration referencing property previously subjected to this Declaration If the property is owned by someone other than a Declarant, then the consent of the Owner(s) shall be necessary and shall be evidenced by their execution of the Supplemental Declaration Any such Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as rt applies to the subject property m order to reflect the different character and intended use of such property 9 4 Effect of Recording Supplemental Declaration A Supplemental Declaration shall be effective upon Recording unless otherwise specified m such Supplemental Declaration On the effective date of the Supplemental Declaration, any additional property subjected to this Declaration shall be assigned voting nghts m the Association and assessment liability m accordance with the provisions of this Declaration 9 ~ Condominium Conversion In the event that any property subject to the Covenant to Share Costs which now or hereafter is used for rental apartments or other commercial use is converted to a condominium m accordance with the Washington Condominium Act, or to other residential use by which individual units or lots are offered for sale, the owner of such property is required by the Covenant to Share Costs to subject it to the provisions of this Declaration Such property shall be subjected to this Declaration by Recording a Supplemental Declaration specifically submitting the property to the terms of this Declaration Such Supplemental Declaration shall not require the consent of the Association, but shall require the written acknowledgment of an Association officer In addition, a Declarant's prior written consent shall be required so long as it owns any property described in Exhibits "A" or "B " As of the effective date of such Supplemental Declaration the property thereby subjected to this Declaration shall be comprised of Units, the Owners of which shall be mandatory Members of the Association, and assigned voting rights and assessment liability in accordance with the terms of this Declaration C 47 Article X Additional Rights Reserved to Declarants 10 1 Withdrawal of Property Declarants reserve the nght to amend this Declaration, so long as a Declarant has a right to annex additional property pursuant to Section 9 1, for the purpose of removing any portion of the Properties which has not yet been improved with structures from the coverage of this Declaration, provided such withdrawal does not reasonably violate the overall scheme of development for the Master Plan Such amendment shall not require the consent of any Person other than the Owner(s) of the property to be withdrawn, if not a Declarant, such amendment shall be subject to any required approval by the Crty of Yelm or other ~unsdictions If the property is Common Area, the Association shall consent to such withdrawal 10 2 Governmental Interests A Declarant may designate sites rt owns within the Properties for fire, police water, and sewer facilities, public schools and parks, and other public facilities Srtes may be designated for use of water infiltration as provided m the Permits Development of such sites shall be subject to a non-binding review under the procedures set forth m Article IV Neither the Association, the DRC, nor the Owners may object to the use of such sites for the designated public purposes 10 3 Marketing and Sales Activities Declarants and Builders authorized by Declarants may construct and maintain upon portions of the Common Area such facilities and activities as, m a Declarant's sole opinion, may be reasonably required, convenient, or incidental to the construction or sale of Units, including but not limited to, business offices, signs, model units, and sales offices Declarants and authorized Builders shall have easements for access to and use of such facilities and shall not be subject to fees or rental charges 10 4 Right To Develop Declarants and Declarants' employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common Area for the purpose of making, constructing, and installing such improvements to the Common Area as a Declarant deems appropriate m its sole discretion, so long as such improvements are not inconsistent with the permitted uses and purposes of the Common Areas as defined m the Permits 48 Every Person that acquires any interest m the Properties acknowledges that Tahoma Terra is a master planned community, the development of which is likely to extend over many years, and agrees not to protest, challenge, or otherwise object to (a) changes m uses or density of property outside the Neighborhood m which such Person holds an mterest, or (b) changes m the Master Plan as rt relates to property outside the Neighborhood m which such Person holds an mterest 10 5 Right To Approve Additional Covenants No Person shall Record any declaration of covenants, conditions, and restrictions, or declaration of condominium or similar instrument affecting any portion of the Properties without a Declarant's review and written consent Any attempted Recordation without such consent shall result m such instrument being void and of no force and effect unless subsequently approved by written consent signed and Recorded by a Declarant 10 6 Right To Approve Changes m the Standards Within the Community No amendment to or modification of any Use Restrictions or Residential Design Guidelines shall be effective without prior notice to and the written approval of a Declarant so long as a Declarant owns property subject to this Declaration or which may become subject to this Declaration m accordance with Section 9 1 10 7 Right To Transfer or Assign Declarant Rights Anv or all of Declarants' special rights and obligations set forth m this Declaration or the By-Laws may be transferred m whole or m part to other Persons, provided, the transfer shall not reduce an obligation nor enlarge a right beyond that which a Declarant has under this Declaration or the By-Laws and shall not be inconsistent with the Permits No such transfer or assignment shall be effective unless it is m a written instrument signed and Recorded by a Declarant The foregoing sentence shall not preclude a Declarant from permitting other Persons to exercise, on a one time or limned basis, any right reserved to a Declarant m this Declaration where a Declarant does not intend to transfer such right m its entirety, and m such case rt shall not be necessary to Record any written assignment unless necessary to evidence a Declarant's consent to such exercise 10 8 Easement To Inspect and Right To Correct (a) Declarants reserve for Declarants and such other Persons as a Declarant may designate perpetual non-exclusive easements throughout the Properties to the extent reasonably necessary for the purposes of access, inspecting, testing, redesigning, or correcting any portion of ~j 49 the Properties, including Units and the Area of Common Responsibility A Declarant shall have the right to redesign or correct any part of the Area of Common Responsibility, and the designees of a Declarant shall have the right to redesign or correct any Unrt or portion of a Neighborhood m which they were the Builder (b) Entry onto a Umt shall be after reasonable notice, except m an emergency Entry into a structure on a Umt shall be only after a Declarant notifies the Umt's Owner and agrees with the Owner regarding a reasonable time to enter the structures on such Umt to perform such activities (c) Any damage to a Unrt or the Area of Common Responsibility resulting from the exercise of the easement or right of entry described m subsections (a) and (b) of this Section shall promptly be repaired by, and at the expense of, the Person exercising the easement right The exercise of these easements shall not unreasonably interfere with the use of any Umt and entry onto any Unit shall be made only after reasonable notice to the Owner or occupant 10 9 Right to Notice of Design or Construction Claims No Person shall retain an expert for the purpose of inspecting the design or construction of any structures or improvements within Tahoma Terra m connection with or m anticipation of any potential or pending claim, demand, or litigation involving such design or construction unless a Declarant and any builder involved m the design or construction have been first notified m writing and given an opportunity to meet with the Owner of the property to discuss the Owner's concerns and conduct their own inspection These provisions do not apply, however, to routine inspections conducted by lender's agents for the purpose of evaluating the condition of a Unit or improvements located on the Properties for the purpose of extending credit to any person, or to insurance companies and their agents conducting routine inspections for the purpose of making insurance underwriting determinations 10 10 Termination of Rights The rights contained m this Article shall not terminate until the earlier of (a) 30 years from the date this Declaration is Recorded, or (b) Recording by a Declarant of a written statement that all sales activity has ceased ~o PART FIVE PROPERTY RIGHTS WITHIN THE COMMUNITY The nature of livtng rn a planned community with its wide array of properties and development types and its ongoing development activity requires the creation of special property rights and provisions to address the needs and responsibilities of the Owners Declarant the Association and others within or adjacent to the community Article XI Easements 11 1 Easements m Common Area Declarants grant to each Owner a nonexclusive right and easement of use, access, and enjoyment m and to the Common Area, subject to (a) The Governing Documents and any other applicable covenants, (b) The Covenant to Share Costs and rights of Persons set forth therein, (c) Any restrictions or hmrtations contained m any deed conveying such property to the Association, (d) The Board's right to (i) adopt Rules and Regulations governing the use and enjoyment of the Common Area, including rules limiting the number of guests who may use the Common Area, (ii) suspend the right of an Owner to use recreational facilities within the Common Area (A) for any period during which any charge against such Owner's Unrt remains delinquent, and (B) for a period not to exceed 30 days for a single violation or for a longer period m the case of any continuing violation, of the Governing Documents after notice and a heanng pursuant to the By-Laws, (iii) dedicate or transfer all or any part of the Common Area, subject to such approval requirements as may be set forth m this Declaration, (iv) impose membership requirements and charge admission or other use fees for the use of any recreational facility situated upon the Common Area (such membership requirements, admission or use fees may, m the Board's discretion, differentiate between Members of the Association and other persons entitled to use such facilities pursuant to the Covenant to Share Costs), ~t (v) permit use of any recreational facilities situated on the Common Area by persons other than Owners, their families, lessees, and guests upon payment of use fees established by the Board and designate other areas and facilities within the Areas of Common Responsibility as open for the use and enjoyment of the public, (vi) mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred subs ect to the approval requirements contained in this Declaration, and (e) The rights of certain Owners to the exclusive use of those portions of the Common Area designated "Exclusive Common Areas," as described m Article XII Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees, and social invitees, as applicable, subject to reasonable regulation by the Board An Owner who leases his or her Umt shall be deemed to have assigned all such rights to the lessee of such Unit for the period of the lease 11 2 Easements of Encroachment U Declarants grant reciprocal appurtenant easements of encroachment, and for maintenance and use of any permitted encroachment, between each Unit and any adjacent Common Area and between adjacent Units due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (m accordance with the terms of these restrictions) to a distance of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary However, m no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement 11 3 Easements for Utilities, Etc (a) Installation and Maintenance Declarants reserve for Declarants, so long as a Declarant owns any property described m Exhibit "A" or "B" of this Declaration, on behalf of Declarants, Declarants nominees, successors, and assigns, perpetual non-exclusive easements throughout the Properties (but not through a structure) to the extent reasonably necessary for the purpose of ~~ (i) installing utilities and infrastructure to serve the Properties, walkways, pathways and trails, drainage systems, street lights and signage on property which Declarant owns or within public rights-of--way or easements reserved for such purpose on Recorded plats, (ii) inspecting, maintaining, repairing, and replacing the utilities, infrastructure and other improvements described in Section 11 3(a)(i), (iu) access to read utility meters, and (iv) access to from the public rights-of--way to any wetland, body of water, or water monitoring site to perform water momtormg and testing Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Unrt, and any damage to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the expense of, the Person exercising the easement Exercise of this easement shall not unreasonably interfere with the use of any Umt and, except m an emergency, entry onto any Unit shall be made only after reasonable notice to the Owner or occupant C No utilities may be installed or relocated on the Properties without approval of the Board or as provided by a Declarant (b) Specific Easements Declarants also reserve for Declarants the non-exclusive right and power to grant and Record such specific easements as may be necessary, in the sole discretion of a Declarant, in connection with the orderly development of any property descnbed m Exhibits "A" and "B " The location of the easement shall be subject to the written approval of the Owner of the burdened property, which approval shall not unreasonably be withheld, delayed or conditioned 11 4 Easements To Serve Additional Property Declarants hereby reserve for Declarants and Declarant's duly authorized agents, successors, assigns, and mortgagees, an easement over the Common Area for the purposes of enjoyment, use, access, and development of the property described m Exhibit "B," whether or not such property is made subject to this Declaration This easement includes, but is not limited to, a right of ingress and egress over the Common Area for construction of roads and for connecting and installing utilities on such property Declarants agree that Declarants and Declarants successors or assigns shall be responsible for any damage caused to the Common Area as a result of their actions in connection with development of such property 53 Declarants further agrees that if the easement is exercised for permanent access to such property and such property or any portion thereof benefiting from such easement is not made subject to this Declaratton, or any other declaration of covenants, conditions, and restrictions under which an owners' association is created or provided for, Declarants, Declarants' successors or assigns shall enter into a reasonable agreement with the Association to share the cost of any maintenance which the Association provides to or along any roadway providing access to such property The allocation of costs in any such agreement shall be based on the number of residential dwellings or commercial units on the property served by the easement and not subject to this Declaration as a proportion of the total number of residential dwellings within the Properties and on such benefited property 11 5 Easements for Maintenance, Emergency and Enforcement Declarants grant to the Association easements over the Properties as necessary to enable the Association to fulfill its maintenance responsibilities under Section 7 2 The Association shall also have the right, but not the obligation, to enter upon any Unit for emergency, security, and safety reasons, to perform maintenance and to inspect for the purpose of ensuring compliance with and enforce the Governing Documents Such right may be exercised by any member of the Board and its duly authorized agents and assignees, and all emergency personnel ' to the performance of their duties Except m an emergency situation, entry shall only be during reasonable hours and after notice to the Owner 11 6 Technology Utility Easements Declarants reserve, so long as a Declarant owns any property described on Exhibit "A" or "B" of this Declaratton, perpetual, non-exclusive easements adjacent to the public rights-of--way throughout the Properties, on behalf of Declarants, and Declarants' nominees, successors and asstgns, for the purpose of installing, operating, maintaining, repairing and replacing telephone, cable television, telecommunications, security, and other systems for sending and receiving data and/or other electronic signals ("Technology Utilities"), to serve the Properttes and each Umt, such easements shall be exclusive to Declarants until granted or conveyed to a third parry, which may be exclusive, perpetual and irrevocable, at which point such easements or interests may be more particularly described m the instrument granting or conveying such easements or interests or on the recorded plats Declarants also reserve for Declarants the exclusive right and power to enter into contracts for the construction, installation, and provision of any of the items addressed to this Section and to grant and record in the Public Records such specific easements as may be necessary m the sole discretion of Declarants, in connection with the orderly development of any ~4 property described on Exhibits "A" and "B " Any such contract, agreement, or easement may, m Declarants' sole discretion, grant the exclusive right to access or use of such system, including the portions of the systems installed on or m the Units, dwellings, and other structures constructed on Units and Common Areas within the Properties Any such contract, agreement, or easement entered into by Declarants may require that the Board enter into a bulk rate service agreement for the provision of services offered to all Units within the Properties In such case, the cost shall be a Common Expense of the Association and shall be assessed as a part of the Base Assessment If the service provides additional services or benefits to certain Owners or Units at their request, such additional services or benefits shall be paid directly by the Owner to the service provider, or become a Neighborhood Assessment or Specific Assessment, as appropriate and specified in the agreement between the Association and the service provider Article XII Exclusive Common Areas 121 Purpose Certain portions of the Common Area may be designated as Exclusive Common Area and reserved for the exclusive use or primary benefit of Owners and occupants within a particular Neighborhood or Neighborhoods By way of illustration and not hmrtation, Exclusive Common Areas may include entry features, recreational facilities, landscaped medians and cul-de-sacs, lakes, and other portions of the Common Area within a particular Neighborhood or Neighborhoods All costs associated with maintenance repair, replacement, and insurance of an Exclusive Common Area shall be a Neighborhood Expense allocated among the Owners in the Neighborhood(s) to which the Exclusive Common Areas are assigned 12 2 Designation Initially, any Exclusive Common Area shall be designated as such in the deed conveying such area to the Association or on the subdivision plat relating to such Common Area, provided, any such assignment shall not preclude Declarant from later assigning use of the same Exclusive Common Area to additional Units and/or Neighborhoods, so long as a Declarant has a right to subject additional property to this Declaration pursuant to Section 9 1 Thereafter, a portion of the Common Area may be assigned as Exclusive Common Area and Exclusive Common Area may be reassigned upon approval of the Board and the vote of Members representing a ma~onty of the total Class "A" votes in the Association, including a majority of the Class "A" votes within the Neighborhood(s) affected by the proposed 55 assignment or reassignment As long as a Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 9 1, any such assignment or reassignment shall also require a Declarant's written consent 12 3 Use by Others Upon approval of a majority of Owners of Unrts within the Neighborhood to which any Exclusive Common Area is assigned, the Association may permit Owners of Units m other Neighborhoods to use all or a portion of such Exclusive Common Area upon payment of reasonable user fees, which fees shall be used to offset the Neighborhood Expenses attributable to such Exclusive Common Area Article XIII Party Walls and Other Shared Structures 13 1 General Rules of Law to Apply Each wall, fence, driveway, or similar structure built as a part of the original construction on the Unrts which serves and/or separates any two ad~oimng Unrts shall constitute a party structure To the extent not inconsistent with the provisions of this Section, the general ~"~~ rules of law regarding party walls and liability for property damage due to negligence or willful ~/ acts or omissions shall apply thereto 13 2 Maintenance, Damage and Destruction The cost of reasonable repair and maintenance of a party structure shall be shared equally by the Owners who make use of the party structure If a party structure is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner who has used the structure may restore it If other Owners thereafter use the structure, they shall contribute to the restoration cost m equal proportions However, such contribution will not prejudice the right to call for a larger contribution from the other users under any rule of law regarding liability for negligent or willful acts or omissions 13 3 Right to Contribution Runs With Land The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors-m-title 56 13 4 Dis,Qutes Any dispute arising concerning a party structure shall be handled m accordance with the provisions of Article XIV PART SIX RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY The growth and success of the Properties as a community in which people enjoy living working and playing requires good faith efforts to resolve disputes amicably attention to and understanding of relationships within the community and with our neighbors and protection of the rights of others who have an interest rn the community Article XIV Dispute Resolution and Limitation on Lrtigahon 14 1 Consensus for Association Litigation Except as provided m this Section, the Association shall not commence a judicial or administrative proceeding without the approval of Members representing at least 67% of the total Class "A" votes m the Association This Section shall not apply, however, to (a) actions brought by the Association to enforce the Governing Documents (including, without limitation, the foreclosure of liens), (b) the collection of assessments, (c) proceedings involving challenges to ad valorem taxation, (d} counterclaims brought by the Association in proceedings instituted against rt, or (e} actions brought by the Association against any contractor or vendor arising out of a contract for services or supplies between the Association and such contractor or vendor This Section shall not be amended unless such amendment is approved by the percentage of votes and pursuant to the same procedures, necessary to institute proceedings as provided above 14 2 Alternative Method for Resolvm~ Disputes Declarants, the Association, its officers, directors, and committee members, all Persons subject to this Declaration, any Builder, and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving the Properties without the emotional and financial costs of litigation Accordingly, each Bound Party covenants and agrees to submit those claims, grievances or disputes described in Sections 14 3 ("Claims") to the procedures set forth m Section 14 3 in lieu of filing suit rn any court ~7 14 3 Claims Unless specifically exempted below, all Claims arising out of or relating to the interpretation, application or enforcement of the Governing Documents, or the rights, obligations and duties of any Bound Party under the Governing Documents or relating to the design or construction of improvements on the Properties shall be subject to the provisions of Section 14 4 Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be Claims and shall not be subject to the provisions of Section 14 4 (a) any suit by the Association against any Bound Party to enforce the provisions of Article VIII, (b) any suit by the Association to obtain equitable relief (a e ,temporary restraining order, m~unction, or specific performance) and such other ancillary relief as the court may deem necessary m order to maintain the status quo and preserve the Association's ability to enforce the provisions of Article III and Article IV, (c) any suit by a Bound Party for declaratory or m~unctive relief which seeks a determination as to applicability, enforcement, clarification, or interpretation of any provisions of the Declaration, (d) any suit between Owners, which does not include Declarants or the Association as a party, if such suit asserts a Claim which would constitute a cause of action independent of the Governing Documents if the amount m controversy exceeds $5,000 00, which amount shall be increased m proportion to increases m the Consumer Price Index for Seattle-Tacoma for All Urban Consumers, All Items, from the date of recordation of this Declaration to the date of any such claim, (e) any suit m which any indispensable party is not a Bound Party, and (f) any suit as to which any applicable statute of limitations would expire within 180 days of giving the Notice required by Section 14 4(a), unless the party or parties against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period as may reasonably be necessary to comply with this Article Wrth the consent of all parties thereto, any of the above may be submitted to the alternative dispute resolution procedures set forth m Section 14 4 58 14 4 Mandatorv Procedures (a) Notice Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent m writing (the "Notice"), stating plainly and concisely (i) the nature of the Claim, including the Persons involved and Respondent's role m the Claim, (u) the legal basis of the Claim (a e ,the specific authority out of which the Claim arises), (iii) Claimant's proposed remedy, and (iv) that Claimant will meet with Respondent to discuss m good faith ways to resolve the Claim (b) Negotiation and Mediation C (i) The Parties shall make every reasonable effort to meet m person and confer for the purpose of resolving the Claim by good faith negotiation If requested m writing, accompanied by a copy of the Notice, the Board may appoint a representative to assist the Parties m negotiation (ii) If the Parties do not resolve the Claim within 30 days of the date of the Notice (or within such other penod as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have 30 additional days to submit the Claim to mediation under the auspices of any Thurston County dispute resolution center or, if the Parties otherwise agree, to an independent agency providing dispute resolution services m the area (iii) If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all habilrty to Claimant on account of such Claim, provided nothing herein shall release or discharge Respondent from any liability to any Person other than the Claimant (iv) Any settlement of the Claim through mediation shall be documented m writing by the mediator and signed by the Parties If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such time as determined by the mediator, the mediator shall issue a notice of termination of the mediation proceedings 59 ("Termination of Mediation") The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated (v) Within five days of the Termination of Mediation, the Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent, and the Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer (c) Final and Bmdm~ Arbitration (i) If the Parties do not agree m wntmg to a settlement of the Claim within 15 days of the Termination of Mediation, the Claimant shall have 15 additional days to submit the Claim to arbitration m accordance with the Rules of Arbitration contained m Exhibit "D" or such rules as may be required by the agency providing the arbitrator If not timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding, the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant ansmg out of such Claim provided, nothing herein shall release or discharge Respondent from any liability to Persons other than Claimant (u) This subsection (c) is an agreement to arbitrate and is specifically enforceable under Washington's applicable arbitration laws The arbitration award (the "Award") shall be final and binding, and judgment may be entered upon rt m any court of competent~unsdiction to the fullest extent permitted under Washington laws 14 5 Allocation of Costs of Resolving Claims Each Party shall bear its own costs, including attorney's fees, and each Party shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the arbitration proceeding ("Post Mediation Costs") Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add Claimant's Post Mediation Costs to the Award, such costs to be borne equally by all Respondents Any Award which is equal to or less favorable to Claimant than any Respondent's Settlement Offer shall award to such Respondent its Post Mediation Costs, except as otherwise provided m this subsection 60 14 6 Enforcement of Resolution If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with Section 14 4 and any Party thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept the Award following arbitration and any Party thereafter fails to comply with such Award, then any abiding or complying Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in Section 14 4 In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non-complying Party (or if more than one non-complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award, including, without limitation, attorneys' fees and court costs Article XV Mortgagee Provisions The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Units m the Properties The provisions of this Article apply to both this Declaration and to the By-Laws, notwithstanding any other provisions contained therein 15 1 Notices of Action An institutional holder, insurer, or guarantor of a first Mortgage which provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the street address of the Unit to which its Mortgage relates, thereby becoming an "Eligible Holder"), will be entitled to timely written notice of (a) Any condemnation loss or any casualty loss which affects a material portion of the Properties or which affects any Unit on which there is a first Mortgage held, insured, or guaranteed by such Eligible Holder, (b) Any delinquency m the payment of assessments or charges owed by a Umt subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of 60 days, or any other violation of the Governing Documents relating to such Umt or the Owner or Occupant which is not cured wrthin 60 days, (c) Any lapse, cancellation, or material modification of any insurance policy maintained by the Association, or 61 (d) Any proposed action which would require the consent of a specified percentage of Eligible Holders 15 2 ~ecial FHLMC Provision So long as required by the Federal Home Loan Mortgage Corporation, the following provisions apply in addition to and not m lieu of the foregoing Unless at least 67% of the first Mortgagees or Members representing at least 67% of the total Association vote consent, the Association shall not (a) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer all or any portion of the real property comprising the Common Area which the Association owns, directly or indirectly (the granting of easements for utilities or other similar purposes consistent with the intended use of the Common Area shall not be deemed a transfer within the meaning of this subsection), (b) Change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Umt (a decision including contracts, by the Board or provisions of any declaration subsequently Recorded on any portion of the Properties regarding assessments for Neighborhoods or other similar areas shall not be subject to this provision where such decision or subsequent declaration is otherwise authorized by this Declaration), (c) By act or omission change, waive, or abandon any scheme of regulations or enforcement pertaining to architectural design, exterior appearance or maintenance of Umts and the Common Area (the issuance and amendment of architectural standards, Use Restrictions pursuant to Article III procedures, or Rules and Regulations shall not constitute a change, waiver, or abandonment within the meaning of this provision), (d) Fail to maintain insurance, as required by this Declaration, or (e) Use hazard insurance proceeds for any Common Area losses for other than the repair, replacement, or reconstruction of such property First Mortgagees may, ~omtly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy, and first Mortgagees making such payments shall be entitled to immediate reimbursement from the Association 62 15 3 Other Provisions for First Lien Holders To the extent not inconsistent with Washington law (a) Any restoration or repair of the Properties after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holders of first Mortgages on Umts to which at least 51 % of the votes of Umts subject to Mortgages held by such Eligible Holders are allocated (b) Any election to terminate the Association after substantial destruction or a substantial taking m condemnation shall require the approval of the Eligible Holders of first Mortgages on Umts to which at least 51% of the votes of Umts subject to Mortgages held by such Eligible Holders are allocated 15 4 Amendments to Documents The following provisions do not apply to amendments to the constituent documents or termination of the Association as a result of destruction, damage, or condemnation pursuant to Section 15 3(a} and (b) or to the addition of land m accordance with Article IX (a) The consent of Members representing at least 67% of the Class "A" votes and of Declarants, so long as Declarants own any land subject to this Declaration, and the approval of the Eligible Holders of first Mortgages on Umts to which at least 67% of the votes of Unrts subject to a Mortgage appertain, shall be required to terminate the Association (b) The consent of Members representing at least 67% of the Class "A" votes and of Declarants, so long as Declarants own any land subject to this Declaration, and the approval of Eligible Holders of first Mortgages on Unrts to which at least 51 %% of the votes of Unrts subject to a Mortgage appertain, shall be required materially to amend any provisions of the Declaration, By-Laws, or Articles of Incorporation, or to add any material provisions thereto which establish, provide for, govern, or regulate any of the following (i) voting, (u) assessments, assessment liens, or subordination of such liens, (iii) reserves for maintenance, repair, and replacement of the Common Area, (iv) insurance or fidelity bonds, 63 (v) rights to use the Common Area, (vi} responsibilrty for maintenance and repair of the Properties, (vii) expansion or contraction of the Properties or the addition, annexation, or withdrawal of Properties to or from the Association, (viii) boundaries of any Unit, (ix) leasing of Units, (x) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer, or otherwise convey his or her Unit, (xi) establishment of self-management by the Association where professional management has been required by an Eligible Holder, or (xu) any provisions included m the Governing Documents which are for the express benefit of holders, guarantors, or insurers of first Mortgages on Units 15 5 No Priority No provision of this Declaration or the By-Laws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Unit m the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area 15 6 Notice to Association Upon request, each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Unit 15 7 Failure of Mortgagee To Respond Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such acrion if the Association does not receive a written response from the Mortgagee within 30 days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested ~j 64 15 8 Construction of Article XV Nothing contained m this Article shall be construed to reduce the percentage vote that must otherwise be obtained under this Declaration, the By-Laws, or Washington law for any of the acts set out m this Article 15 9 Amendment by Board Should the Federal National Mortgage Association or FHLMC subsequently delete any of its respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may record an amendment to this Article to reflect such changes PART SEVEN CHANGES IN THE COMMUNITY Communities such as Tahoma Terra are dynamic and constantly evolving as circumstances technology needs and desires and laws change as the residents age and change over time and as the surrounding community changes The Properties and its Governing Documents must be able to adapt to these changes while protecting the things that make Tahoma Terra unique Article XVI Changes m Ownership of Units Any Owner desiring to sell or otherwise transfer title to his or her Unit shall give the Board at least seven days' prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require Each transferee of a Unrt shall within seven days of taking title to a Umt, confirm that the information previously provided by the transferor is complete and accurate The transferor shall continue to be ~omtly and severally responsible with the transferee for all obligations of the Owner of the Unrt, including assessment obligations, until the date upon which such notice is received by the Board notwithstanding the transfer of title Article XVII Changes m Common Area 171 Condemnation If any part of the Common Area shall be taken (or conveyed m lieu of and under threat of condemnation by the Board acting on the written direction of Members representing at least 67% of the total Class "A" votes m the Association and of Declarants, as long as a Declarant owns any property subject to the Declaration or which may be made subject to the Declaration m accordance with Section 9 1) by any authority having the power of condemnation or eminent 65 domain, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance Such award or proceeds shall be payable to the Association to be disbursed as follows If the taking or conveyance involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included m the Common Area to the extent available, unless within 60 days after such taking Declarants, so long as a Declarant owns any property subject to the Declaration or which may be made subject to the Declaration m accordance with Section 9 1, and Members representing at least 67% of the total Class "A" vote of the Association shall otherwise agree Any such construction shall be m accordance with plans approved by the Board The provisions of Section 7 3(c) regarding funds for restoring improvements shall apply If the taking or conveyance does not involve any improvements on the Common Area, or if a decision is made not to repair or restore, or if net funds remain after any such restoration or replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine C 17 2 Partition Except as permitted m this Declaration, the Common Area shall remain undivided, and no Person shall bring any action partition of any portion of the Common Area without the written consent of all Owners and Mortgagees This Section shall not prohibit the Board from acquiring and disposing of tangible personal property nor from acqumng and disposing of real property which may or may not be subject to this Declaration 17 3 Transfer or Dedication of Common Area The Association may transfer, dedicate, or grant easements over portions of the Common Area to the City of Yelm, Washington, or to any other local, state, or federal governmental or quasi-governmental entity without a vote of the Owners subject to compliance with Section 15 2, if applicable Article XVIII Amendment of Declaration 18 1 By Declarants In addition to specific amendment rights granted elsewhere m this Declaration, until conveyance of the first Unit to a Person other than a Builder, Declarants may unilaterally amend 66 this Declaration for any purpose Thereafter, Declarants may unilaterally amend this Declaration if such amendment is necessary (a) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination, (b) to enable any reputable title insurance company to issue title insurance coverage on the Units, (c) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, mcludmg, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on the Units, or (d) to satisfy the requirements of any local, state or federal governmental agency However, any such amendment shall not adversely affect the title to any Unit unless the Owner shall consent m writing In addition, so long as a Declarant owns property described m Exhibits "A" or "B" for development as part of the Properties, Declarants may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent m writing 18 2 By Members Except as otherwise specifically provided above and elsewhere m this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing 67% of the total Class "A" votes m the Association, mcludmg 67% of the Class "A" votes held by Members other than a Declarant, and a Declarant's consent, so long a Declarant owns any property subject to this Declaration or which may become subject to this Declaration m accordance with Section 9 1 In addition, the approval requirements set forth m Article XV shall be met, if applicable Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause 18 3 Validity and Effective Date No amendment may remove, revoke, or modify any right or privilege of a Declarant or the Class "B" Member without a Declarant's written consent or the Class "B" Member, respectively (or the assignee of such right or privilege) If an Owner consents to any amendment to this Declaration or the By-Laws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision m any Mortgage or contract between the Owner and a third party will affect the validity of such amendment 67 C BY Any amendment shall become effective upon Recording, unless a later effective date is specified m the amendment Any procedural challenge to an amendment must be made within six months of its Recordation or such amendment shall be presumed to have been validly adopted In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration 18 4 Exhibits Exhibits "A," "B," and "D" attached to this Declaration are incorporated by this reference and amendment of such exhibrts shall be governed by this Article Exhibit "C" is incorporated by reference and may be amended pursuant to Sections 18 1 and 18 2, or as provided m Article III IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the date and year first written above Tahoma Terra, LLC, a Washington limited liability company (Printed Name) Its Manager STATE OF WASHINGTON } ss COUNTY OF KING ) On this day personally appeared before me , to me known to be the Manager of Tahoma Terra, LLC, a Washington limned liability company, that executed the foregoing instrument and acknowledged such instrument to be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath stated that she was duly authorized to execute such instrument GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of 2005 NOTARY PUBLIC in and for the State of Washington residing at My Commission Expires 68 EXHIBIT "A" Land Initially Submitted Neighborhood Desi nation EXHIBIT "B" Land Subject to Annexation EXHIBIT "C" Initial Use Restrictions The following Use Restrictions shall apply to all of the Properties until such time as they are amended, modified, repealed, or limned by the Association pursuant to Article III of the Declaration (a) General The Properties shall be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any property manager retained by the Association or business offices for Declarant, approved Builders, or the Association consistent with this Declaration and any Supplemental Declaration) Any Supplemental Declaration or additional covenants imposed on the property within any Neighborhood may impose stricter standards than those contained in the Declaration and the Association shall have standing and the power to enforce such standards (b) Restrictions The following are prohibited within the Properties unless expressly authorized by, and then subject to such conditions as may be imposed by, the Board (i) Temporary Structures Prohibited No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC (ii) Nuisances No noxious or undesirable thing, activity or use of any Lot m the Properties shall be permitted or mamtamed If the ACC shall determine that a thing or use of any Lot or any part of the Properties is undesirable or noxious, such determination shall be conclusive The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary including, without limitation, the institution of legal action or the imposition of fines m the manner authorized by RCW Chapter 64 38 to abate any activity remove anything or terminate any use of property which is determined by the ACC or described m this Declaration to constitute a nuisance (iii) Limitation on Animals No animal, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or mamtamed for any commercial purpose, and they shall not be kept m numbers or under conditions reasonably objectionable m a closely built-up residential community Animals shall not be allowed to roam loose outside the limns of any Lot on which they are kept Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration (iv) Limitation on Suns No sign of any kind shall be displayed to public view on any Umt, except one sign, not to exceed 24 inches by 24 inches, advertising the Umt (where posted) for sale or rent by the Owner, or the Owner's agent In addition to other rights reserved to a Declarant m the Declaration, each Declarant hereby reserves for itself and all Builders, so long as a Declarant or any Builders own any Lot, the right to maintain upon the Propemes such signs as m the opinion of a Declarant are required, convenient or incidental to the merchandising and sale of the Lots All other signs except as described above shall only be displayed to public view after written approval of the ACC, its authorized representative, or a Declarant (v) Completion of Construction Projects The work of construction of all building and structures shall be pursued diligently and continuously from commencement of construction until the structures are fully completed and painted All structures shall be completed as to external appearance, including finish painting, within eight months of the date of commencement of construction, except such construction as is performed by a Declarant, which shall be exempt from the limitations contained in this Section Front yard landscaping must be completed v~nthm 90 days of completion of a Unrt, and rear yard landscaping must be completed within one year of completion of a Unit Except with the approval of the DRC, no person shall reside on the premises of any Unrt until such time as the improvements to be erected thereon in accordance wrth the plans and specifications approved by the Board have been completed (vi) Unsightly Conditions No unsightly conditions shall be permitted to exist on any Unit Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying, litter, trash, dunk or other debris, inappropriate, broken or damaged furniture or plants, non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items, and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Unit unless prior written approval shall have been obtained from the DRC (vii) Antennas, Satellite Rece tp ion Satellite dishes of no more than one meter m diameter or diagonal measurement are permitted on the Properties without DRC approval Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be erected on the exterior of any home without approval of the DRC, and a showing by the Owner that such installation will be visually shielded from most of the view of the residents traveling upon streets located on the Properties (viu) Setbacks No building shall be located on any Unit nearer to the front lot line, the rear lot line, or nearer to the side street than the minimum building setback lines adopted by the governmental authority wrth ~unsdiction over the Properties (ix) Roofs Roofs on all buildings must be finished with materials approved for use by the DRC More than one type of material may be approved (x) Fences Walls In order to preserve the aesthetics of the Properties, no fence, wall or hedge shall be erected or placed on any Lot unless prior written approval has been obtained from the DRC The design and color of any fence on the Properties, whether visible to the other Units or not, shall be constructed and fimshed according to the standard fence detail, as such detail is initially designated by the DRC If a standard fence detail is attached to this Declaration, such fence detail and any required color for a fence may be modified by the DRC (xi) Residential Use Only Except for a Declarant's or a Builder's temporary sales, construction offices and model homes, no Lot shall be used for other than one detached single-family dwelling with driveway parking for not more than three cars (xn) Underground Utilities Required Except for any facilities or equipment provided by the Developer or any utility, all electrical service, telephone lines and other outdoor utility Imes shall be placed underground (xui) Sales and Construction Facilities Notwithstanding any other provision in this Declaration to the contrary, rt is expressly permissible for a Declarant a Builder, and their agents, employees or nominees, to maintain on any portion of the Properties owned by a Declarant a Builder or on the Common Areas such facilities as the they may reasonably feel are required, convenient or incidental to the construction and/or sales of Units or improvements thereon A Declarant may permit, m writing, an individual Owner or third party purchaser to mamtam temporary equipment and construction material on the Owner's Lot when the Declarant feels the same is reasonably required, convenient or incidental to construction activities for improvement of the Unit (xiv) Drainage Waters Following original grading of the roads and ways of the Properties, no drainage waters shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of--way The Owner of any Unit prior to making any alteration m the drainage system, must make application to and receive approval from the applicable governmental jurisdiction Any enclosing of drainage waters m culverts or drains or rerouting thereof across any Unit as may be undertaken by or for the Owner of any Umt shall be done by and at the expense of such Owner (xv) NBA Restrictions and Maintenance All areas designated on the Plat as Sensitive Area, Buffer, Natural Buffer Area, Wetland or Wetland Buffer (collectively, "NBA") shall be left permanently undisturbed m a substantially natural state No clearing, grading, filling, building construction or placement, or road construction of any kind shall occur within these 3 areas, except the activities approved by the City of Yelm Some activities that may be permitted are (1) underground utility Imes and drainage discharge swales may cross such areas, utilizing the shortest alignment possible if and only if no feasible alignment is available which would avoid such a crossing, (2) fences, when the NBA and its buffer are not detrimentally affected, and (3) removal of hazardous vegetation by the Owner of a Unit on which a NBA is located No adjustment to the boundary of any such area shall occur unless first approved through the formal replat process The Association shall be responsible for operating, mamtaimng and restoring the condition of the NBA in the event any unauthorized disturbance occurs, however, in the event that this disturbance is determined to be the fault of a party, the Association may pursue a claim for reimbursement of damages to the NBA from the party disturbing the area (xvi) Deviation by Consent of Declarants Declarants hereby reserve the right to enter into an agreement with the Owner of any Unit (without the consent of the Owner of any other Unit) to deviate from the conditions, restrictions, hmrtations or agreements contained in this Declaration Any deviation shall be manifested m an agreement m writing and shall not constitute a waiver of any such condition, restriction, limitation, or agreement as to the remaimng Lots located on the Properties, and the condition, restriction, limitation or agreement waived by a Declarant shall remain fully enforceable as to all other Lots located in the Real Property ~'~` (xvu) Limitation on Storage of Vehicles -Temporary Permits for RVs Except as ~~/ hereinafter expressly provided, the Units, Common Areas and/or streets located on the Properties shall not be used for the storage and/or overnight parking of any vehicle other than private family automobiles, trucks, motorcycles and commercial vehicles operated by a person residing at the Unit (provided that such commercial vehicles contain a single rear axle) Boats, boat trailers, house trailers, campers, trucks trucks with a camper, or other recreational vehicles or similar object may not be stored and/or parked overnight on any part of the Properties, except as specified herein No inoperable vehicles of any kind shall be parked, stored, maintained, or constructed at the Unit (unless stored in a garage) or on the street Notwithstanding the foregoing, Owners who have guests visiting them intending to stay m a camper, trailer, or other form of recreational vehicle may secure written permission from the DRC for guests to park a vehicle at the Unrt or the public street adjacent to a Umt for a period of up to 72 hours, and not to exceed two weeks m any calendar year The privilege shall only exist, however, after the written permission has been obtained from the DRC or its authorized representative An Owner that stores a recreation vehicle off-site may park the vehicle on the driveway of a Unrt other unscreened area or on the street for 48 hours for the purpose of preparing for departure or upon return, to facilitate preparation and return from travel xviii Restrictions Upon Rentals This Section applies to the renting or leasing (collectively, `renting" or rental") of Umts including all tenancies of any duration, all tenancies with options to purchase, all tenancies with first rights of refusal and all living arrangements m any way governed by the provisions of RCW 59 12 or RCW 59 18, and shall also apply to any sublease of a Umt and the assignment of any lease of a Unit, provaded however that these provisions shall not apply to any multi-family residential structure located m a Neighborhood subject to these Initial Use Restrictions, and which residential structure is not further subdivided by the provisions of RCW 64 34 into separate, salable Units In such multi-family residential structures not further subdivided into condominium units, these restrictions upon rentals shall not apply No Lot Owner may rent a Unit without prior wntten approval of the Board ("Rental Approval") No rental of a Unit shall be valid or enforceable unless rt complies with the provisions of this Section, and the written approval of the rental agreement by the Board is granted prior to occupancy of the Tenant The Board may, by a duly adopted rule, require that a fee be collected by the Association from the Owner as a condition of such approval The Board may bar completely or restrict the total number of Units rented within the Properties for such reasons as the Board deems appropriate, including but not limited to maintaining an owner-occupied residential environment (1) Definitions The following definitions shall apply to this Section (a) Occupant means anyone who occupies a Unit as a permanent residence or who stays overnight m any Unit more than fourteen (14) days m any calendar month, or more than thirty (30) days any calendar year (b) Related Parry means a person who has been certified m a written document filed by an Owner with the Association to be the (1) parent, (2) parent in law, (3) sibling, (4) sibling in law, (5) parent's sibling or (6) lineal descendant of the owner or (7} the lineal descendent of any of the foregoing persons, (8) the domestic partner of an owner, as domestic partner" is defined by Seattle Municipal Code Section 4 30 020, or any amendment of successor to such statute, or if the statute is repealed, the definition last contained m the statute before its repeal, (9} the officer, director or employee of any Owner which is a corporation (10) member or employee of any Owner that is a limited lzabihty company, or (11) partner or employee of any Owner that is a partnership (c) Rental Agreement shall mean an agreement related to the renting or leasing of any Umt (d) Tenant means and includes a tenant, lessee, renter or other non- Owner occupant of a Umt that is not occupied by its Owner For the purposes of the declaration, the term Tenant shall not include a Related Party --ti 5 C~ (2) Rental Limitation During the time that a Declarant owns Property subject to this Declaration or described m Exhibit B, no Unit may be rented by a Owner without the written permission of a Declarant After a Declarant holds no property subject to this Declaration or described m Exhibit B, the Board may determine the number of Units that may be rented by at any one time, by adoption of a rule setting the number of Units that may be rented The Board may determine that no Units may be rented The restrictions contained m this section shall be known as the `Rental Limitation" (3) Procedure for Obtaining Approval for Rentm Umt Owners interested m renting their Unrt (after Declarant no longer has the sole right to approve rentals) shall submit a written request for Rental Approval to the Board m such form as shall be reviewed and accepted by the Board Once Rental Approval has been granted by the Board, the Owner shall have ninety (90) days within which to rent the Unit In the event the Unit is not rented within the 90-day period, Rental Approval shall automatically be revoked Renting of a Unit within ninety (90) days of the granting of Rental Approval shall be deemed to occur if the Unit is occupied by a Tenant within the 90-day period, or if a written rental agreement is signed within the 90-day period and the term commences within 30 days of the signing of the rental agreement (4) Wartm List Request for Rental Approval shall be processed and approved m the order received by the Board Once the number of rental Units reaches the Rental Limitation, then an Owner who submits a written request for Rental Approval shall go on a Waiting List Each Owner who has rented his/her Unit shall promptly give written notice to the Association of any rental agreement termination and the intent by the Owner to no longer rent the Unit The Owner m the nett available position on the Waiting List shall be notified and provided a reasonable opportunity to rent his/her Unit m accordance with the terms and conditions of this Article If that Owner fails to rent his/her Unit within such reasonable period of time as determined by the Board of Directors (or otherwise advises the Board of his/her waiver of a right to then seek to rent his/her Unit), then that Owner's name shall be placed at the bottom of the Waiting List, and the opportunity to rent shall then be offered to the next highest person on the Waiting List (5) Approved Rental Unrt A Unit shall be an Approved Rental Unit if and only if the Owner and the Tenant have strictly complied with the terms and conditions of this Section A Unit shall remain an Approved Rental Unit m the event the Owner extends or renews an existing rental agreement or rents the Unrt to a new renter m strict accordance with this Article However, m the event an Approved Rental Unit (1) is subsequently occupied by an Owner or persons not bound by a written rental agreement m strict accordance with this Article for a period of thirty (30) days or more or (2) is the subject of a transfer other than an exempt transfer (as defined below), made by the Owner to a new Owner, the Unit shall be deemed to be 6 an Owner Occupied Unit Upon either occurrence, any previous rental approval shall be deemed revoked, and the Owner shall thereafter be required to reapply to the Board for Rental Approval m accordance with this Article For the purposes of this Article, exempt transfers are transfers that occur (1) as a result of a gift by the Owner to a Related Party or (2) by a testamentary transfer from a Owner to any person (6) Hardship Exception The Board of Directors shall have the right, m the exercise of reasonable discretion, to permit exceptions to the rental limitations m connection with hardship cases In other words, where the Board of Directors determines that a hardship exists due to circumstances beyond the control of the Owner, and that the Owner would suffer serious harm by virtue of the rental limitations, and where the Board of Directors further determines that a variance from the rental limitations contained herein would not detrimentally affect the other Owners or the quality of the single-family, owner-occupied neighborhood, then the Board of Directors may, m its discretion, grant an Owner a waiver of the Rental Limitation for such a temporary period as to be determined by the Board of Directors In addition, the Board of Directors shall have the authority, notwithstanding the Rental Limitation, to consent to the Rental of a Umt, title to which is acquired following a default m a mortgage or Deed of Trust (7) Copies of Rental Agreement Provided to Association In addition to the requirement that the Association approve the Rental Agreement prior to execurion of the Rental Agreement under Section 23 3, copies of all Rental Agreements, and any amendments thereto, as executed by the Owner and the Tenant, shall be delivered to the Association before the tenancy commences (8) Delivery of Governm~ Documents to Tenants Prior to signing any rental agreement, rt shall be the responsibility of the Owner to deliver to the Tenant a copy of all Governing Documents, i e this Declaration, the Bylaws, and the Rules and Regulations of the Association If rt is determined that the Owner has failed to provide copies of such documents to the Tenant the Association may furnish a copy of the documents to the Tenant and charge the Owner an amount to be determined by the Board, which copying charge shall be collectible as a special assessment against the Unit and its Owner (9) Violation of Governm~ Documents by Tenants The Association shall have and may exercise the same rights of enforcement and remedies for breach of the Governing Documents against a Tenant as rt has against an Owner, including all such rights and remedies as are otherwise provided m this Declaration or by applicable Washington law In addition, if any Tenant or Occupant of a Unit violates or permits the violation by his guests and invitees of any provisions of this Declaration or of the Bylaws or of the Rules and Regulations of the Association, the Board may give notice to the Owner to immediately cease such violations If the violation is thereafter repeated, the Board shall have the authority, on behalf and at the expense of the Owner, to terminate the tenancy and evict the Tenant (and all occupants) if the Owner fails to do so after Notice from the Board and an opportunity by the Owner to be heard The Board shall have no habilrty to an Owner or Tenant for any eviction made in good faith The Association shall have a hen against title to the Owner's Unit for any costs incurred by it m connection with such eviction, mcludmg reasonable attorneys' fees, which may be collected and foreclosed by the Association m the same manner as assessments are collected and foreclosed (10) Rules and Regulations The Board may adopt Rules and Regulations m furtherance of the administration of this Article, which Rules and Regulations shall be effective upon publication to the Association and its members (11) Requirements of Rental Agreement All leases and rental agreements shall be in writing Any lease or rental agreement must provide that its tenants shall be subject m all respects to the provisions of this Declaration and the Bylaws and rules and regulations of the Association and that any failure by the tenant to comply with the terms of such documents shall be a default under the lease or rental agreement (12) Rent to Association If a Unit is rented by its Owner, and the Owner is in default of the Owner s obligations to the Association, the Board may collect, and the tenant shall pay over to the Board, so much of the rent for such Unit as is required to pay any amounts due from the owner or the tenant to the Association hereunder, plus interest, costs, litigation expenses and attorney's fees if the same are in default over thirty (30) days The tenant shall not have the right to question payment to the Board and such payment will discharge the tenant's duty of payment to the Owner for rent to the extent such rent is paid to the Association, but will not discharge the liability of the Owner or purchaser of the Unit under this Declaration for Assessments and charges, or operate as approval of the lease The Board shall not exercise this power where a receiver has been appointed with respect to the Unit or its Owner nor m derogation of any right which a Mortgagee of such Unit may have with respect to such rents (xix) Subdivision of a Unit into two or more Units after a subdivision plat mcludmg such Unit has been approved and filed, or changing the boundary lines of any Unit, except that Declarant and Builders, with Declarant's consent, shall be permitted to subdivide or change the boundary lines of Units which they own, (xx) Operation of a timesharing, fraction-sharing, or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years, except that Declarant may operate such a program and may permit other developers of property within Tahoma Terra to operate such a program, (xxi} Conversion of any carport, garage, attic, or other unfinished space, other than a basement, to finished space for use as an apartment or other integral part of the living area on any Unit, (xxii) Sprinkler or irrigation systems or wells of any type which draw upon water from lakes, creeks, streams, rivers ponds, wetlands, canals, or other ground or surface waters within the Properties, except that Declarant and rts designees shall have the exclusive right to draw water from such sources and to reduce the level of such bodies of water, if and to the extent allowed by the UPD/FCC Permit, (xxii) Open-air burning or use of wood stoves except m compliance with applicable law, provided, that outdoor cooking facilities such as barbeques, are permissible subject to applicable rules regulations, and ordinances, and (c) Street Trees Street Trees are those trees planted by a Declarant, or at the Declarant s direction, to comply with the requirements contained m the Plat Street Trees are located on Units near the public right of ways that lie within and along the boundaries of the Plat Street Trees that are located within Common Areas are owned by the Association A pre- existing tree or a tree planted by the Declarant on a Umt at the time it is purchased by an Owner is considered a Street Tree Any tree located within twenty (20) feet of a public right of way (whether such right of way is located within or outside the Plat) shall be presumed to be a Street Tree subject to the restrictions contained herein, unless the Association, the Declarant or the City of Yelm confirm otherwise in writing to the Owner (1) Easement Granted The Association and the Declarants are granted an easement to place, care for and maintain Street Trees on each Unit on the Properties, in locations adjacent to the public right of ways and sidewalks, whether such public right of ways are located along the front, side or back boundary of a Umt The easement granted herein shall extend onto a Unit for a distance sufficient for a Street Tree (of a variety approved by the City of Yelm or its successor) to be planted, maintained and pruned m manner consistent with good nursery practices The Association and the Declarants are also granted such temporary easements that are needed to reach the location of any Street Tree, across any Unit or Common Areas on the Properties (2) Responsibility for Plantmg_and Maintenance of Street Trees The Declarants shall, m their sole discretion (but consistent with the requirements of the City of Yelm), plant the Street Trees m such locations on the Units along the nght of ways and m the Common Areas that the Declarant determines The Owners and the Association shall have 9 primary responsibility for the maintenance of the Street Trees after they are planted The division of responsibility between the Owners and the Association for different aspects of maintenance of the Street Trees may be established by rules promulgated by the Association The Owners and the Association shall provide such maintenance to the Street Trees that is appropriate, based upon good nursery practices and requirements imposed by the Declarant or the City of Yelm The Owners and the Association shall be prohibited from (1) voting to abandon or ceasing the maintenance of the Street Trees, or (2) removing or altering (other than appropriate pruning) the Street Trees without permission of a Declarant, until such date that the Declarant's performance and maintenance bonds posted with Thurston County related to the Street Trees is released and fully exonerated by the City of Yelm, without charge or reduction, or upon the bonds' forfeiture (3) Remedies for Failure to Maintain Street Trees In the event that any Owner and the Association fail to maintain the Street Trees, a Declarant may elect to maintain the Street Trees and may charge the Association and the Owners, as a special assessment, the cost of such maintenance The special assessment arising under this section shall be a lien on the Properties m favor of a Declarant, which a Declarant may enforce (m place of the Association) m the manner described m the Declaration In the alternative a Declarant may elect to charge any sums deducted from the Declarant's performance bond as a special assessment against the Association and the Owners, impose the special assessment as a lien on the Properties m favor of a Declarant, and enforce such special assessment (m place of the Association) m the manner described m the Declaration This provision may not be amended without the permission of Declarants, until the Declarants' performance and maintenance bonds posted with the City of Yelm related to the Street Trees are released and fully exonerated by the City of Yelm, without charge or reduction, or such bonds are forfeited (4) Remedies Upon Removal or Alteration of Street Trees In the event that an Owner removes or alters inappropriately a Street Tree without written permission of a Declarant (until the Declarants' performance and maintenance bonds are released or forfeited by Thurston County, and then the Association), the removal shall be a violation of this Declaration and of RCW 64 12 030, m addition to a possible violation of applicable laws of the ~unsdication concerning street trees A Declarant, (until Declarants' performance and maintenance bonds are released m full without claim by the City of Yelm and then the Association), may bring an action to restrain the removal of any Street Tree, or for damages arising from such removal including such additional, treble damages and attorney's fees that are available under this Declaration or applicable law (~) Termination or Alteration of Restrictions on Removal of Street Trees Declarants' rights and duties described herein shall cease and automatically terminate upon (a) release m full, without claims, of the Declarants' performance and maintenance bonds, (b) recovery of compensation by Declarants for all sums deducted from the bond, or (c) a date six years from the date of any bond forfeiture, whichever event occurs first After Declarants' ~o performance and maintenance bonds are released or forfeited by the City of Yelm, and the Declarants have received the full exoneration of the bonds without claims, or compensation for any payments made from the bonds, the Association may apply to the City of Yelm or its successor for approval to terminate or alter the restrictions imposed upon the removal or alteration of Street Trees described m this Section Such application may be made if a majority of the Owners approve of the Association's application to the City of Yelm or its successor for termination or alteration of the Street Tree restrictions Upon written notification by the City of Yelm or its successor of the termination or alteration of the restrictions upon Street Trees contained herein, the Association shall record a copy of the written notice m the Recorders Office of Thurston County Upon recordation of such notice, the provisions of this related to Street Trees shall terminate or be amended m the manner described m the notice (6) Additional Restrictions, Rights and Remedies The restrictions, rights and remedies as described herein are m addition to any rights and remedies available under applicable law t~ EXHIBIT "D" Rules of Arbitration 1 Claimant shall submit a Claim to arbitration under these Rules by giving written notice to all other Parties stating plainly and concisely the nature of the Claim, the remedy sought and Claimant's submission of the Claim to arbitration ("Arbitration Notice") 2 The Parties shall select arbitrators ("Party Appointed Arbitrators") as follows all the Claimants shall agree upon one Party Appointed Arbitrator, and all the Respondents shall agree upon one Party Appointed Arbitrator The Party Appointed Arbitrators shall, by agreement, select one neutral arbitrator ("Neutral") so that the total arbitration panel ("Panel") has three arbitrators 3 If the Panel is not selected under Rule 2 within 45 days from the date of the Arbitration Notice, any party may notify the nearest chapter of The Community Associations Institute for any dispute arising under the Governing Documents or the JAMS/Endispute, or such other independent body providing arbitration services, for any dispute relating to the C design or construction of improvements at the Properties, which shall appoint one Neutral ("Appointed Neutral"), notifying the Appointed Neutral and all Parties m writing of such appointment If either agency is unavailable or unable to provide such arbitration services, the Association or any Party may apply to any court of competent ~unsdiction to appoint an arbitrator m accordance with Washington law The Appointed Neutral shall thereafter be the sole arbitrator and any Party Appointed Arbitrators or their designees shall have no further duties involving the arbitration proceedings 4 No person may serve as a Neutral m any arbitration m which that person has any financial or personal interest m the result of the arbitration Any person designated as a Neutral or Appointed Neutral shall immediately disclose m writing to all Parties any circumstance likely to affect impartiality, including any bias or financial or personal interest m the outcome of the arbitration ("Bias Disclosure") If any Party objects to the service of any Neutral or Appointed Neutral after receipt of that Neutral's Bias Disclosure, such Neutral or Appointed Neutral shall be replaced m the same manner m which that Neutral or Appointed Neutral was selected 5 The Appointed Neutral or Neutral, as the case may be ("Arbitrator") shall fix the date, time and place for the hearing The place of the hearing shall be within the Properties unless otherwise agreed by the Parties In fixing the date of the hearing, or m continuing a hearing, the Arbitrator shall take into consideration the amount of time reasonably required to determine Claimant's damages accurately 6 Any Party may be represented by an attorney or other authorized representative throughout the arbitration proceedings In the event the Respondent fails to participate m the arbitration proceeding, the Arbitrator may not enter an Award by default, but shall hear Claimant's case and decide accordingly 7 All persons who, in the judgment of the Arbitrator, have a direct interest in the arbitration are entitled to attend hearings The Arbitrator shall determine any relevant legal issues, including whether all indispensable parties are Bound Parties or whether the claim is barred by the statute of limitations 8 There shall be no stenographic record of the proceedings 9 The hearing shall be conducted in whatever manner will, in the Arbitrator's judgment, most fairly and expeditiously permit the full presentation of the evidence and arguments of the Parties The Arbitrator may issue such orders as rt deems necessary to safeguard rights of the Parties in the dispute without prejudice to the rights of the Parties or the final determination of the dispute 10 If the Arbitrator decides that rt has insufficient expertise to determine a relevant issue raised during arbitration, the Arbitrator may retain the services of an independent expert who will assist the Arbitrator in making the necessary determination The scope of such professional's assistance shall be determined by the Arbitrator m the Arbitrator's discretion Such independent professional must not have any bias or financial or personal interest in the outcome of the arbitration, and shall Immediately notify the Parties of any such bias or interest by dehvermg a Bias Disclosure to the Parties If any Party objects to the service of any professional after receipt of a Bias Disclosure, such professional shall be replaced by another Independent licensed professional selected by the Arbitrator 11 No formal discovery shall be conducted In the absence of express written agreement among all the Parties The only evidence to be presented at the hearing shall be that which is disclosed to all Parties at least 30 days prior to the hearing, provided no Party shall deliberately withhold or refuse to disclose any evidence which Is relevant and material to the C1aIm, and Is not otherwise privileged The Parties may offer such evidence as Is relevant and material to the Claim, and shall produce such additional evidence as the Arbitrator may deem necessary to an understanding and determination of the Claim The Arbitrator shall be the sole fudge of the relevance and materiality of any evidence offered, and conformity to the legal rules of evidence shall not be necessary The Arbitrator shall be authorized, but not required, to administer oaths to witnesses 12 The Arbitrator shall declare the hearings closed when satisfied the record is complete 13 There will be no posthearmg briefs 14 The Award shall be rendered immediately following the close of the hearing, if possible, and no later than 14 days from the close of the hearing, unless otherwise agreed by the Parties The Award shall be m writing, shall be signed by the Arbitrator and acknowledged before a notary public If the Arbitrator believes an opinion is necessary, rt shall be m summary form 15 If there is more than one arbitrator, all decisions of the Panel and the Award shall be by ma~onty vote 16 Each Party agrees to accept as legal delivery of the Award the deposit of a true copy m the mail addressed to that Party or its attorney at the address communicated to the C Arbitrator at the hearing DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TAHOMA TERRA BUSINESS PARK THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TAHOMA TERRA BUSINESS PARK ("Declaration") is made this day of 2005, by Tahoma Terra, LLC, a Washmgton Limited habilrty company (`Declarant' ), and shall, upon recording, amend m rts entirety and supplant that certain Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Tahoma Terra Business Park dated , 2005 and recorded under Thurston County Recording No ARTICLE 1 DECLARATION 1 1 The Business Park This Declaration is made by Declarant as the owner of all of that certain real property located in Thurston County, Washmgton, commonly known as the Tahoma Terra Business Park ("Business Park"), and more particularly C described on EXHIBIT A, attached hereto and incorporated herein by this reference and as it maybe expanded pursuant to Article 14 below 1 2 B~ndmg Effect Declarant hereby declares that all of the real property within the Business Park shall be held, sold and conveyed subject to the covenants, conditions, restrictions, easements, reservations, charges and hens hereinafter set forth This Declaration shall inure to the benefit of and shall burden the real property within the Business Park and shall run with the land and shall apply to and be binding upon all of the parties having or acquiring any right, title, or interest m the Business Park or any part thereof, and shall be binding upon their heirs, successors and assigns, in perpetuity ARTICLE 2 PURPOSE AND INTENT 2 1 Purpose of Declaration This Declaration is adopted for the mutual and reciprocal benefit and protection of all present and future Owners, occupiers, users and tenants within the Business Park This Declaration is intended to protect the value of property within the Business Park and to ensure that the property will be planned, developed, used, occupied and improved pursuant to high standards of architecture site planning, engineering, design and construction, m compliance with all applicable legal requirements, and in a proper and orderly manner This Declaration is further intended to C Tahoma Terra Business Paik CCR s « e / P g C provide for the operation, management and maintenance of the Common Areas in a manner consistent with the nature and development of the Business Park and similar factors contributing to the overall quality of the Business Park This Declaration is directed toward achieving an attractively designed, aesthetically pleasing, efficiently functioning and well-maintained Business Park 2 2 Harmonious Development of Business Park The intent of the Design Guidelines and other criteria set forth m this Declaration is to ensure the proper and orderly use of land, to prevent the erection of Improvements that are of inferior quality or materials or mhannomous design, to ensure that Improvements are properly located and designed in relation to the site and to adjacent Improvements, to provide adequate setbacks, parking and circulation, to ensure functional and attractive lighting, landscaping and signage, and to ensure that the Lots and Common Areas will be occupied, used and/or leased by compatible users, occupiers and tenants 2 3 Exempt Property Notwithstanding anything to the contrary herein, any Lot or Parcel within the Business Park that is dedicated or conveyed to, and accepted by, any governmental entity or public utility shall be exempt from the provisions of this Declaration except for Article 4, Article 5 and Article 10 which shall apply to such property ARTICLE 3 DEFINITIONS For purposes of this Declaration, capitalized terms shall be defined as follows 3 1 "Articles" shall mean the Articles of Incorporation of the Association 3 2 "Association" shall mean the Tahoma Terra Business Park Owners Association, a Washington non-profit corporation, its successors and assigns The Association is composed of Owners of Lots within the Business Park 3 3 "Board" shall mean the Board of Directors of the Association, the body responsible for admmistration of the Association, selected as provided in the Bylaws and serving as the Board of Directors pursuant to Washington law 3 4 "Business Park Design Review Committee" shall mean and refer to the Business Park Design Review Committee referred to and provided for in this Declaration 3 5 "Common Areas" shall mean and refer to 3 51 All real and personal property, including easements, which the Association owns, leases or otherwise holds possessory or use rights in for the common use and enjoyment of the Owners, including, without limitation, entrance tracts, Tahoma Terra Busyness Par>< CCR s page 2 C perimeter buffers, restrictive areas, parks, surface water retention/detention tracts, landscape tracts and other tracts or parcels conveyed to the Association by Declarant 3 5 2 Park and pool/ride lots and transit shelters within the Busmess Park that are not mamtamed by a governmental ~unsdichon 3 5 3 Street Landscape Areas within the public right of way, planter strips, medians, and central planting areas m cul-de-sacs within the Busmess Park together with imgation facilities for such areas to the extent that such areas and facilities are not mamtamed by the Crty of Yelm 3 6 "Common Expenses" shall mean the actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners and arising with respect to the Busmess Park, its Tracts, Common Areas and Lots, including any reasonable reserve, all as maybe found necessary and appropriate by Declarant or the Board under this Declaration, the Bylaws and the Articles of the Association 3 7 "Community-W~de Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing throughout the Busmess Park Such standard shall initially be established by Declarant and may contain objective and subjective elements and may evolve as development of the Busmess Park progresses C 3 8 "Declarant" shall mean Tahoma Terra, LLC, its successors and assigns designated by rt as Declarant for the Business Park 3 9 "Declarant Control Period" shall mean the period of time during which the Declarant is entitled to appoint a ma~onty of the members of the Board The Declarant Control Period expires upon the first to occur of the following 3 91 When 90 percent of the total number of Lots permitted by the Master Plan for the Business Park have been conveyed to Owners other than Declarant 3 9 2 December 31 2025 3 9 3 When, m its sole discretion, the Declarant so determines 3 10 "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions for Tahoma Terra Business Park and any amendments thereto 3 11 "Design Guidelines" shall mean the Tahoma Terra Busmess Park Design Guidelines adopted pursuant to Section 4 2 below, as they maybe amended 3 12 "Improvement" shall mean any structure, building, sign, landscaping or other planting, parking area, driveway, stonnwater retention system and any other improvements located on a Lot, Tract or Common Area Tahoma Te~rcr Busmess Park CCR s page 3 3 13 "Lot" shall mean any legal subdivision of land within the Business Park, other than Tracts, including, without limitation, Parcels as defined below 3 14 "Master Plan" "Master Plan" The land use plan described m Exhibit A of the Tahoma Terra Covenant, as recorded at Thurston County Auditor's Number which includes all of the property described m Exhibit "A" of this Declaration and all or a portion of the property described in Exhibit "B" of this Declaration Inclusion of property on the Master Plan shall not, under any circumstances, obligate Declarants to subject such property to this Declaration, nor shall the omission of property described m Exhibit "B" from the Master Plan bar its later submission to this Declaration as provided in Article _ 3 15 "Owner" shall mean the record owner of a Lot, whether one or more persons or entities, but excluding entities or individuals having such interest merely as security A purchaser under a recorded real estate contract shall be deemed an Owner as against its respective seller 3 16 "Parcel" shall mean any legally conveyable portion of the Business Park that is so described and created by the Plat For purposes of this Declaration, all references to "Lots" herein shall be deemed to include "Parcels" 3 17 "Permits" shall mean, collectively, the permits, Master Plan, land use restrictions and conditions of Plat approval as determined, approved and issued by the City of Yelm related to the development and construction of improvements located at Tahoma Terra , as such maybe amended or modified from time to time 3 18 "Plat" shall mean the plat recorded in Volume of Plats pages , records of Thurston County, Washington, Recording No together with any supplemental plat of property described m EXHBIT B for the purpose of expanding the Busmess Park m accordance with the Master Plan 3 19 "Tahoma Terra" shall mean the master-planned development comprised of the Busmess Park and all other property developed in accordance with the Master Plan 3 20 "Tahoma Terra Covenant" shall mean the Declaration of Easements and Covenant to Share Costs for Tahoma Terra as recorded under Thurston County Recording No , as amended by a First Amendment recorded under Thurston County Recording No ,and as amended from time to time 3 21 "Street Landscaped Area" shall mean an area on the Lots m the Busmess Park, from the back of the curb line to 20 feet outside the public right-of--way for all roads interior to the Business Park Tahoma Te> > a Busmess Pay k CCR s page 4 C 3 22 "Streetscape Easement Area" shall mean that portion of the Street Landscaped Area outside the public right-of--way to a width of 20 feet abutting all roads interior to the Business Park 3 23 "Tract" shall mean any legal subdivision of the Business Park established for purposes other than commercial development such as open space, stormwater retention system, entry signage, electrical substation site, sewer pump station site, etc ARTICLE 4 RESTRICTIONS ON USE OF PROPERTY 4 1 Plan of Development The Business Park, as a part of Tahoma Terra, is subject to the land development, architectural and design provisions contained m the Design Guidelines, the provisions of this Declaration governing the individual conduct and uses of and actions upon the Lots, Tracts and Common Areas, and any other guidelines, rules or restrictions promulgated pursuant to this Declaration and the Design Guidelines, all of which establish affirmative and negative covenants, easements and restrictions on the Business Park 4 2 Design Guidelines All Improvements constructed within the Business Park shall be consistent with all procedures, goals, objectives and standards set forth in the Tahoma Terra Business Park Design Guidelines as initially prepared by the Declarant, provided, however that governmental entities and public utilities shall be subject to the Design Guidelines only for structures that require building permits as opposed to cleanng/grading or use permits The Design Guidelines maybe amended from time to time by the Declarant in a manner consistent with the Master Plan so long as Declarant owns any portion of the Business Park and thereafter by the Business Park Design Review Committee 4 3 Permitted Use No Lot within the Business Park shall be used for any purpose other than those in conformance with the Permits In any event, no single-family or multifamily residential uses shall be permitted unless an application for a change m the Master Plan and related zoning is made to and approved by Thurston County and the Declarant (if the Declarant owns any of the property subject to the Declaration at the time such application for a change is made) 4 4 Construction of Improvements Construction of any Improvements shall be diligently pursued and completed once such construction has commenced 4 5 No Temporary Structures No trailer, shack, or other outbuilding, or any other structure of a temporary character shall be used on any Lot, Tract or Common Area at any time provided that temporary sales or construction offices or other such Tahoma Tei i u Business Pnrk CCR s page ~ C structures shall be permitted on any Lot upon the approval of the same by the Business Park Design Review Committee 4 6 Nuisance No noxious or offensive activity shall be earned on upon any Lot, Tract or Common Areas nor shall anything be done on any Lot, Tract or Common Area which is or may become an annoyance or nuisance to the Owners of the Lots Construction activity as permitted and approved shall not be deemed a nuisance hereunder so long as it is conducted m conformance with applicable regulations and this Declaration During such periods of construction, revisions for traffic through Common Areas, use of Common Areas or other~omtly used areas within the Lots, and other impacts on the Business Park may occur, provided, however, that all such mterruprions of use and re-routing of traffic shall be scheduled with Declarant or the Association and shall not preclude access to any existing Improvements, and shall be done to minimize, as reasonably practical, disruption to the Business Park 4 7 Vacant Lots Vacant Lots and any Lots under construction shall be maintained by their respective Owners in an orderly condition Debris, weeds or other waste material shall be removed or controlled on a regular basis by the Owner 4 8 Trash No garbage, refuse, or rubbish shall be deposited or kept on any Lot or Tract except m a suitable enclosed container All areas for the deposit, storage, removal, or collection of garbage or trash shall be screened from other Lots and from the ~--~ public roads or Common Areas All equipment and containers for the storage or disposal of trash, garbage or other waste shall be kept in a clean and sanitary condition 4 9 Signs Any signs of any kind to be displayed to the public view on any Lot shall be subject to the review of the Business Park Design Review Committee including Business Park signage standards adopted by the Committee, provided however, that Declarant shall have the right, without approval of the Association or the Business Park Design Review Committee, to advertise the Business Park and any lot for sale or lease by signs displayed to the public until such rime as all Lots within the Business Park have been sold by Declarant 4 10 Declarant Reservations Declarant reserves unto itself the right to initiate any and all studies, sign any and all agreements, establish any and all easements, adopt any and all rules, restrictions or regulations, undertake any Improvements, and otherwise take actions necessary to satisfy adopted project approval conditions for Tahoma Terra whether pursuant to the Master Plan or otherwise Declarant may transfer these responsibilities to the Association at its sole discrerion 4 11 Hazardous Materials Management 411 1 Any and all activities involving Hazardous Materials shall be undertaken and completed ~n compliance with all legal requirements therefore The transportarion storage, use, manufacture, treatment, disposal, release, discharge and Tahoma Tee ra Busaness Pm k CCR s page 6 C handling of any Hazardous Materials for the purpose of carrying out the lawful activities to be undertaken at the Business Park by Declarant or its agents or by any Owner, operator, occupier, tenant or other person, firm or entity, shall be done m compliance with all legal requirements and with the highest degree of care to prevent any accidental discharge or release and to prevent any potential liability for damages or cleanup 4112 Any person, firm or entity that violates Section 4 11 1 (the "Indemnitor') shall indemnify, defend and save harmless all other Owners, the Association, the Declarant, users, occupiers and tenants within the Business Park (collectively, the "Indemnitees' and individually, "Indemnitee") from any and all claims, damages, losses (mcludmg, without limitation, costs and attorney's fees) and the expense of all cleanup and remedial action required by government agencies with ~unsdiction ("Remedial Action") arising out of the Indemnrtor's failure to comply with applicable legal requirements The Association may elect to (a) take such Remedial Action on any portion of the Business Park, (b) assess any Lot which is in violation of Section 4 11 1 for all costs and expenses incurred by the Association for such Remedial Action, (c) enforce the indemnity rights granted under this Section 4 11 1 against the Indemnitor to the extent that the violation affects property owned or managed by the Association, and/or (d) seek equitable relief against the Indemnitor 411 3 An Indemnitor shall promptly undertake, diligently pursue to completion and pay for the costs of all Remedial Action 411 4 A violation of Section 4 11 1 shall cause irreparable harm to the Indemnitees, and a remedy at law is inadequate for any such violation Accordingly, any Indemnitee may obtain equitable relief mcludmg, without limitation, an order requmng specific performance of obligations under this Declaration or an injunction of any further violation of Section 4 11 1 by any Indemnitor 411 S All tenants of premises in the Business Park and all owners of Lots in the Business Park shall be subject to Thurston County review and approval of a hazardous waste disposal plan for any of the following uses automobile repair or service, veterinary clinic, medical/dental lab, research, development and testing, and all manufacturing uses permitted by applicable law The plan shall identify all hazardous materials to be used or generated on-site and their ultimate disposal or removal off-site 4 12 Telecommunications and Data Conduits During the term of this Declaration, there may be installed underground conduit facilities ("Conduits") to accommodate telecommunications and data transmission wiring installations to facilitate communications and data transmission within the Business Park Declarant shall be entitled to grant and enter into a license, lease or other agreement upon such teens and conditions as Declarant deems appropriate, for use of the Conduit by any user, including any Owner or the lessee of any Owner, providing telecommunications or data transmission services within the Business Park Declarant shall be further entitled to adopt such reasonable rules, regulations and charges as maybe determined with respect Tnhomu Terra Busyness Park CCR s page 7 C to the use of such Conduits and communications or transmission facilities therein within the Business Park Notwithstanding the grant of a license or entry into any lease or other agreement under this Section 4 12 Declarant shall have no habilrty or responsibility for the wrong, functioning, maintenance or installation of any communications or data transmission facilities contained m any Conduit within the Business Park The Association and each Owner acknowledge and agree that if any commercial telecommunications or data service providers with which Declarant or Association contracts for use of the Conduits, agrees to pay for the costs of construction and installation of the Conduit, then all such payment shall be m the nature of a late comers fee and shall be paid directly to Declarant, or Declarant's successor and assigns as designated by the Declarant To the extent that any Owner or any lessee of any Owner benefits exclusively from the installation of facilities within such Conduits, any and all costs incurred by Declarant m connection with the license, lease or agreements relating to use of the Conduits shall be the expense of such Owner and such Owner shall fully and completely reimburse Declarant, or Declarant's successors and assigns as designated by Declarant, for all such costs 4 13 Restricted Materials To reduce copper and zinc loads with respect to water quality, copper gutters and flashmgs for Improvements m the Business Park are prohibited In addition, galvanized storm drainage culverts and conveyance piping systems are prohibited ARTICLE 5 BUSINESS PARK DESIGN REVIEW COMMITTEE 5 1 Establishment The Business Park Design Review Committee is hereby established for the purpose of ensunng consistency m the design of any and all Improvements upon the Lots, Tracts and Common Areas and preserving the landscaping and native vegetation of the same and ensunng proper maintenance of the property and its appurtenances The Business Park Design Review Committee shall have three members For so long as Declarant owns any Lot within the Business Park, the members shall be appointed and maybe removed by Declarant, thereafter, the Committee members shall be appointed and maybe removed by the Board pursuant to Section 5 7 The members of the Business Park Design Review Committee shall designate one of their number to serve as chairman of the Business Park Design Review Committee and shall adopt such procedures and guidelines as they deem necessary for the orderly administration of their duties Decisions rendered by the Declarant pnor to the establishment of the Business Park Design Review Committee shall be binding upon the Business Park Design Review Committee 5 2 Improvements No Improvement shall be erected, placed or altered or lot line adjusted or parcel segregated on any Lot, Tract or Common Area until the lot line adjustment or segregation or building plans, specifications and plot plan (the "Proposal"), Tahoma Tee ra B~~s~ness Pay d CCR s page 8 showing the nature, kind, shape, height, materials and locations of such building structure, segregation or other Improvement have been submitted and approved in wrtmg by the Business Park Design Review Committee, provided, however, that governmental entities and public utilities shall be subject to the Design Guidelines only for structures that require building permits as opposed to cleanng/gradmg or use pennrts 5 3 Criteria for Improvements The Business Park Design Review Committee shall consider the following cntena in approving, rejecting or modifying the plans for the Proposal submitted to rt 5 3 1 The harmony of the external design, color and appearance of the Proposal in relation to the other development within the Business Park S 3 2 The conformance and compatibility of the Proposal with the cntena set forth m the Design Guidelines applicable to the Business Park S 3 3 The location of the Proposal on the Lot with regard to slopes, soil conditions, existing trees and vegetation, roads and surfaces and existing buildings and other structures S 3 4 The relationship of the Proposal to the surrounding development S 3 S The compliance of the Proposal with the covenants contained m this Declaration S 3 6 The compliance of the Proposal with the provisions of the relevant Master Plan conditions applicable to the Business Park thereof S 3 7 The compliance of the Proposal with the Plat and the conditions 5 3 8 The harmony of the landscaping indicated m the Proposal with other trees, shrubs, bushes, hedges and ground cover on other Lots 5 4 Procedure The Business Park Design Review Committee shall approve or reject all Proposals submitted to rt within 30 days from the date of the submission of the Proposal to the Committee unless the Owner submitting the Proposal consents to an extension of the lime for a decision The Business Park Design Review Committee shall have the right to reject any Proposal which rt decides is not suitable or desirable based on the above cntena or other relevant cntena The Business Park Design Review Committee's decision shall be m writing, and if a Proposal is not approved, the decision shall include a brief statement of the reasons for the Committee's action The Business Park Design Review Committee shall have the right to approve a Proposal subject to compliance with the above established cntena and conditions established by the Committee The Owner acknowledges and is aware that approval by the Business Park C Tahoma Terra Busaness Park CCR s page 9 Design Review Committee hereunder shall not be deemed approval by Thurston County or any other applicable governmental agency In the event the Business Park Design Review Committee reJects a Proposal or any portion thereof, an Owner may resubmit such Proposal, modified accordingly, at any time for a review by the Business Park Design Review Committee 5 5 No Lability The members of the Business Park Design Review Committee shall have no personal habilrty for any action by or decision of the Business Park Design Review Committee By acceptance of a deed to any Lot within the Business Park, the Owner of that Lot agrees and covenants to not bung or maintain any action against any member of the Business Park Design Review Committee which seeks to hold that member or Declarant personally or individually liable for costs or damages relating to or caused by any action of or decision by the Business Park Design Review Committee or Declarant m accordance with the provisions of this Declaration 5 6 Fees The Business Park Design Review Committee shall have the authority to establish reasonable fees for the review of Proposals to compensate the members of the Business Park Design Review Committee and to pay the costs and expenses of the Business Park Design Review Committee Approval of any Proposal may be withheld pending payment of such fees Such fees shall be chargeable to the Owner of the Lot submitting such Proposal to the Business Park Design Review Committee for approval 5 7 Termination of Business Park Design Review Committee Unless Declarant elects otherwise, there shall be no termination of the Business Park Design Review Committee until such time as no Lot is owned by Declarant and all construction of Improvements has been completed on all Lots, provided that Declarant may at its option terminate the Business Park Design Review Committee prior to that time Upon the termination of the Business Park Design Review Committee, the Association shall assume the obligations imposed upon the Business Park Design Review Committee by the terms of this Declaration The Association may, after Declarant's termination of the Business Park Design Review Committee at their election, elect or appoint a separate group to perform the obligations of the Business Park Design Review Committee hereunder ARTICLE 6 OWNERS ASSOCIATION 6 1 Membership Every person or entity who is an Owner of any Lot shall be a member of the Association Membership shall be appurtenant to and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the transferee of title to the Lot All Owners shall have rights and dunes as specified in this Declaration C Tahoma Tee r a Birsrness Pay ti CCR s page 10 C 6 2 Voting Rights The Association shall have one class of membership Should the calculation of any Owner's votes result in a figure for total votes applicable to that Owner other than a whole number, the number of votes applicable to that particular Owner shall be increased such that the number of total votes shall be the next highest whole number When more than one person or entity owns an interest m any Lot, the vote for such Lot shall be exercised as they among themselves detennme, but in no event shall any vote be divided among the Owners The voting rights of any Owner maybe suspended as provided m this Declaration or the Bylaws 6 21 All Owners except Declarant shall have one (1) vote for each,000 [to be determined upon site plan approval] square feet of land comprising any Lot or Lots owned by such Owner Notwithstanding the foregoing, all Owners shall be allocated at least one vote The sum of all votes shall be computed annually by the Board as of a date which is not less than 60 days prior to the begmmng of the Association's fiscal year and on such other date(s) as the Board may determine 6 2 2 Declarant shall have four (4) votes for each _,000 [to be determined upon site plan approval] square feet of land compnsmg any Lot or Lots owned by Declarant from time to time Declarant may appoint the members of the Board of Directors during the Declarant Control Period as specified m the Bylaws 6 3 Management of Common Areas and Enforcement of Declaration The Association shall have the sole authority and obligation to manage and administer the Common Areas and to enforce this Declaration Such authority shall include all authority provided for m the Association's Articles, Bylaws, rules and regulations as initially adopted, or is hereinafter amended, and all the authority granted to the Association by this Declaration, either directly or by necessary implication 6 4 Authority of the Board The Board for the benefit of the Business Park and the Owners, shall enforce the provisions of this Declaration, shall manage and operate the Common Areas and Improvements thereon and shall acquire and shall pay for as a Common Expense, all goods and services requisite for the proper functioning of the Business Park and the Common Areas, and any other facet of the Business Park and shall have all the rights, powers and authorities more pamcularly stated m the Articles and Bylaws The Board shall have the power to adopt and enforce from time to time rules and, regulations governing the use of the Business Park, Common Areas, Streetscape Easement Areas and transportation management systems by Owners and their guests Any such rules and regulations shall become effective 30 days after promulgation or amendment and shall be mailed to all Owners within 30 days after promulgation or amendment A copy of the rules and regulations then in force shall be retained by the Secretary of the Association 6 5 Property Rights in Common Areas Every Owner, its employees, tenants, business mvrtees and licensees shall have a right and easement of enjoyment m and to and an easement for ingress and egress over and upon the streets and Common Tcrhoma Ten a Busrncss Pn~ k CCR s page I I Areas for the common use of all Owners which right shall be appurtenant to and shall pass with the title to every Lot subject to the following restrictions 6 51 The rights reserved to the 6 5 2 The other restrictions, lima grant in this Declaration and reservations contained or provided for m the Declaration and the Articles and Bylaws of the Association 6 S 3 Any restrictions of use imposed by the City of Yelm in approval of the Plat ARTICLE 7 MAINTENANCE AND COMMON EXPENSE 7 1 Maintenance of Common Areas 71 1 The Association shall maintain all Improvements m the Common Areas and appurtenances thereto, including but not limited to all storm drainage Improvements, the open space areas and the Street Landscape Area within the public rights-of--way or easements reserved for the Association within the Business Park 712 Tracts shall remain m Association ownership and shall be maintained by the Association to established st 7 2 Maintenance of Lots The maintenance, upkeep and repair of individual Lots and the Improvements and utilities thereon shall be the sole responsibility of the Owners thereof Any action necessary or appropriate to the maintenance and upkeep of such individual Lots as well as the Streetscape Easement Areas, the landscaping, irngat~on, sewer and water systems, storm drainage systems, other utility systems, all Improvements including but not limited to building exteriors and roofs, recreation areas, parking areas and walks, gas, telephone or electrical or television facilities, and property taxes shall be the sole responsibility of the individual Lot Owners Notwithstanding the foregoing, however, because the Association may contract with a landscape maintenance firm for all the Association s maintenance responsibilities with respect to Common Areas, the Association may further at the Association s sole discretion, similarly contract with such firm for maintenance of all or a portion of the Streetscape Easement Areas (including, without limitation the maintenance of the landscaping located therein and the payment of the monthly water service charge for irngation in such areas) on each Lot, but, in such event, each Owner shall be responsible for payment of all costs and expenses in connection with maintenance of such Owner s Streetscape Easement Area by the Association which cost shall be added to the annual assessment for Common EYpenses and prorated to each Owner on the basis of their front footage of Streetscape Easement Area Tahoma Ten a Busyness Pay k CCR s page 12 7 3 Maintenance Respons~biLhes Each Owner shall mamtam rts respective Lot and Improvements located thereon in a neat and orderly manner consistent with the Community-Wide Standard for the Business Park If any Owner should fail to mamtam its Lot m such a condition, the Association shall have the right to notify said Owner m writing of the maintenance required If said maintenance is not performed wrthm 30 days of the date of such notice, the Association shall have the right to enter onto the offending Lot, provide such maintenance and to levy an assessment against the Lot Owner and its Lot for the cost of providing such maintenance Said assessment shall constitute a hen against the Lot owned by the nonperforming Lot Owner and maybe collected m the same manner as any other monthly or special assessment and, if not paid within 30 days after said assessment is levied, the Association shall have all remedies for collection as provided for m this Declaration 7 4 Maintenance of Storm Detention System All Owners shall maintain m proper working order all roof drams, storm drams, ponds and stormwater conveyance systems located on or m the Lot to the extent that the responsibility for such improvements are not assumed by any governmental ~unsidction Should any Owner fail to mamtam its detention and conveyance system m a manner consistent with standards of the Business Park, the Association shall have the right to perform such maintenance and make such assessment m a manner set forth in Section 7 3 above 7 5 Common Expenses Certain expenses shall be paid by the Association C for the benefit of all Owners and shall be referred to as `Common Expenses " The Association shall pay the Common Expenses from the fund established by assessments paid by Lot Owners as herein provided The fund shall include, but shall not be limited to, funds for the following 7 S I The expense of mamtammg the Common Areas 7 5 2 The real property and other taxes upon the Common Areas 7 S 3 The cost of mamtammg all required insurance coverage on the Common Areas 7 S 4 The cost of mamtammg the Street Landscape Areas and medians within the dedicated rghts-of--way of streets located within the Plat, provided, however, that each Owner shall be responsible to mamtam the landscaping from the property line of the Owner's Lot to the nearest edge of any sidewalk 7 5 5 The cost of any repairs to or replacement of improvements wrthm the Common Areas 7 5 6 Utility charges attributable to the Common Areas Tahoma Terra Busrncss Pm k CCR s page 13 7 5 7 The cost of maintammg entrance improvements to the Business Park mcludmg, but not limit to, signs, fights, fences, walls, plantings and landscaping 7 5 8 The cost of setting up, implementing and momtonng a traffic system management program for the Business Park set up to encourage the use of other forms of transportation than the single occupant automobile 7 5 9 Any other expense reasonably related to the health, safety and welfare of the Owners, guests, business invitees, employees and licensees of the Business Park and which shall be designated as a Common Expense m this Declaration or from time to time by the Association 7 510 The cost of maintammg common drainage facilities both temporary and permanent 7 S 11 The cost of maintammg air-quality and water-quality momtonng programs if established 7 S 12 The cost of Business Park security measures as deemed appropriate by the Association 7 S 13 Any and all assessments imposed by or arising under the Tahoma Terra Covenant (defined m Section 12 7 below) 7 514 The administration of the Association and expenses incurred in carrying out rts powers and dunes 7 6 Improvement of the Common Areas Declarant may, but is not obligated to, construct certain Improvements on Tracts of the Common Areas Upon completion of those Improvements, or at a later date at the option of Declarant, such Tracts shall be dedicated and deeded to the Association and shall remain as Common Areas in perpetuity unless otherwise dedicated to the City of Yelm, if required by the Permits ARTICLE 8 ASSESSMENTS 8 1 Annual Assessments Each Lot shall be subject to annual assessments or charges and certain special assessments in an amount to be determined by the Association Annual assessments shall commence on a date to be determined by the Association Subsequent assessments shall be due and payable on a schedule established by the Association 8 2 Board Determines the Amount of Assessment The Board of Directors of the Association shall determine the size of assessment necessary to pay Common Tahoma Ten a Business Pay k CCR s page 14 Expenses The amount of assessment maybe increased or decreased periodically as may be necessary from time to time to properly provide for payment of the Common Expenses The share of Common Expenses allocated to each Lot shall be the ratio that the proportionate square footage of the Lot bears to the total square footage of all Lots 8 3 Assessment Certificates The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid A reasonable charge maybe made for issuance of such a certificate 8 4 Special Assessments In addition to the regular assessments authorized above, the Association, by and through its Board of Directors, may levy m any year a special assessment applicable to that year only for purposes of defra}nng m whole or m part the cost of the following, including but not limited to, any construction or reconstruction, unexpected repair or replacement of facilities m the Common Areas including the necessary fixtures and personal property related thereto, or of facilities or improvements of common benefit to the Business Park 8 5 Specific Assessments In addition to the regular and special assessments authorized above, the Association, by and through its Board of Directors, shall have the power to levy specific assessments against a particular Lot to cover costs incurred m bringing the Umt into compliance wrth the Declaration, or costs incurred as a consequence of the conduct of the Owner or occupants of the Lot, their agents, contractors, employees licensees, invitees or guests, provided the Board shall give the e Owner prior wntten notice and an opportunity for a hearing before levying any specific assessment under this Section 8 6 Additional Lots At such time as additional Lots are subject to assessment by virtue of having been subjected to this Declaration, the share of assessments for all Lots subject to the assessment shall be adjusted accordingly 8 7 Creation of Lien and Personal Obligation Each Owner of a Lot within the Business Park, by acceptance of the deed to or other conveyance of that Lot, shall be deemed to covenant and agree to pay any and all assessments provided for herein Any assessment or any portion thereof not paid when due, together wrth any interest and costs and attorney's fees for collection shall be a continuing lien upon the Lot within the Business Park which may be foreclosed by the Association in the manner provided by law for the foreclosure of a mortgage on real property Each Lot Owner shall also be personally obligated to pay the amount of any assessment levied against their Lot during the time that they are the Owner thereof, together with any interest, and costs and attorney s fees for collection of that assessment This personal obligation shall not be released by any transfer of the Lot subsequent to the effective date of the assessment Tnhonirr Tema Busu:ess Paid CCR s page l5 C ARTICLE 9 ENFORCEMENT 9 1 Procedure If any assessment is not paid according to the procedures established by the Association, the amount of the assessment shall bear interest at the pnme rate as established by Bank of Amenca (or, if Bank of Amenca ceases to exist, its successor or another national bank that publishes a pnme rate) plus 4% and the Association shall file a lien on the Lot subject to the unpaid assessment for the amount of the assessment plus interest The Association may bnng an action at law to enforce payment of delinquent assessments against the Owner of the Lot subject to the unpaid assessment m order to recover the amount of the assessment and the Association may also take whatever measures are provided for by law to foreclose or collect on the lien filed on the Lot subject to the assessment If a legal action is initiated to enforce or collect any assessment, the prevailing party shall be entitled to recover court costs, actual attorney's fees and other expenses of litigation 9 2 Payments m Arrears If any Owner shall be m arrears on the payment of an assessment due or should be m default m the performance of any of the terms of this Declaration, the rules or regulations of the Association or the Bylaws for a penod of 30 days, said member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied In addition, the Association C shall have any other remedies against such delinquent Owners as maybe provided for by the Articles, Bylaws or this Declaration 9 3 Owners and Association Rights and Remedies Any Owner of any Lot and the Associarion shall have all nghts and remedies available to rt m law and m equity to enforce this Declaration, the Articles and Bylaws against any Owner not in compliance therewith The prevailing party m any action brought to enforce the covenants contained m this Declaration shall have the nght to collect attorneys' fees, court costs and other expenses of litigation, in addition to any damages which maybe awarded 9 4 Owner Indemnity Each Owner shall indemnify, defend and hold the Association harmless from and against all losses, liabilities, claims (including mechanics or matenalmen s losses), costs (including attorneys' fees), actions or damages incurred by the Association as a result of any breach of this Declaration by such Owner or ansmg out of any personal injury or property damage caused by or ansmg out of such Owner's use of the Common Area 9 5 Violation Deemed to Create a Nuisance Every violation of this Declaration or any part thereof is hereby declared to constitute a nuisance, and every remedy provided by law or equity maybe exercised to abate such nuisance 9 6 No Waiver or Right to Enforce The failure of Declarant, the Association or any Owner to enforce any of the covenants, conditions or restnchons Tuhorrui Tcr r a Busrncss Par k CCR s page 16 G contained herein shall in no event be deemed or construed to be a waiver of the right to do so for subsequent violations or of the right to enforce any other covenants, conditions or restrictions ARTICLE 10 EASEMENTS 10 1 Easements for Use and Enjoyment 101 1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment m and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions 101 1 1 the right of the Association to establish reasonable rules and regulations with regard to the operation, maintenance, repair and replacement of the Common Areas including their use and enjoyment by an Owner, and the Owner's tenants, guests and invitees, 101 1 2 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as maybe agreed to by the members of the Association No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least sixty-seven percent (67%) of the total voting power of the Association 101 2 Any Lot Owner may delegate such Owner's right of use and enjoyment m and to the Common Areas and facilities located thereon to such Owner's tenants, guests and invitees and shall be deemed to have made a delegation of all such rights to the occupants of such Owner's Lot, if leased 10 2 Ut~hties There is reserved to the utility district or utility company providing utility service, when such utility district or utility company serves the Business Park, the right to connect improvements upon the Lots with the utility service Imes, for which service the Owner shall pay the then prevailing pace for such connections as charged by such utility distract or utility company 10 3 Easement for Entry The Board shall have the right, but shall not be obligated, to enter upon any property within the Business Park for emergency security and safety reasons, which right maybe exercised by the manager, and all policemen, firemen, ambulance personnel and similar emergency personnel m the performance of their respective duties Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner, and the entering party shall be responsible for any damage caused This right of entry shall include the right of the Board to enter to cure any condition which may increase the possibility of a fire, slope Tahorna Ten a Busniess Pay ti CCR s page 17 C erosion, or other hazard m the event an Owner or Occupant fails or refuses to cure the condition upon request by the Board 10 4 Easement for Maintenance Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Business Park, determined m the sole discretion of the Association, as are necessary to allow for the maintenance to be performed by the Association Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the person causing the damage at its sole expense 10 5 Easement for Entry Features There is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction landscaping and maintenance of entry features and similar streetscapes for the Business Park, over and upon any Lot as more fully described on any recorded Plat of land within the Business Park The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features 10 6 Construction and Sale Period Easement Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, use restrictions, rules and regulations, design guidelines and any amendments thereto, so long C as Declarant owns any property in the Business Park for development and/or sale, Declarant reserves an easement across all Business Park property for Declarant and any builder or developer approved by Declarant to mamtam and carry on, upon such portion of the Business Park as Declarant may reasonably deem necessary, such facilities and activities as m the sole opinion of Declarant maybe required, convenient or incidental to Declarant s and such builder's or developer's development, construction and sales activities related to the Business Park, mcludmg, but without limitation (i) the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or m the Business Park, mcludmg, without limitation, any Lot, (ii) the right to tie into any portion of the Business Park with driveways, parking areas and walkways, (ni) the right to tie into and/or otherwise connect and use (without a tap or any other fee for so doing) replace, relocate, mamtam and repair any device which provides utility or similar services mcludmg, without hmrtahon, electrical, telephone, natural gas, water, sewer and drainage Imes and facilities constructed or installed in, on, under and/or over the Business Park, (iv) the right to carry on sales and promotional activities in the Business Park, (v) and the right to construct and operate business offices, signs, construction trailers, and sales offices Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the person causing the damage at its sole expense This Section shall not be amended without the Declarant's express written consent until the Declarant's rights hereunder have terminated as heremabove provided C Tahonm Tc~ r a Busr~ress Pay k CCR s page 18 C ARTICLE 11 INSURANCE The Association shall have the authority to and shall obtain insurance for the Common Areas against loss or damage by fire or other hazards m an amount sufficient to cover the full replacement m the event of damage or destruction It shall also obtain a broad form public habilrty policy covering the Common Areas All such insurance coverage shall be written m the name of the Association as trustee for the Owners Cost of the insurance shall be a Common Expense ARTICLE 12 MISCELLANEOUS 12 1 Rules and Regulations The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Common Areas All Owners shall be given written notice of such rules and regulations 12 2 Waiver The failure to enforce any covenant contained m this Declaration shall not be deemed a waiver of the right to enforce such a covenant C 12 3 Severab~hty If any covenant contained m this Declaration is held mvahd, the remainder of the Declaration shall not be affected and shall continue m full force and effect 12 4 Captions The captions m the Declaration are inserted only as a matter of convenience and for reference, and m no way describe define or limit the intent of this Declaration The captions are not to be used m interpreting this Declaration 12 5 Municipal Ordinances This Declaration shall m no way restrict the effect of any ordinance adopted by a municipal corporation havmg~unsdiction over any portion of the Property subject to this Declaration 12 6 Interpretation The Association shall have the right to determine all questions arising m connection with this Dedication and to construe and interpret the provisions of this Declaration Its reasonable detennmation, construction or interpretation of this Declaration shall be final and binding on all parties 12 7 Tahoma Terra Covenant Each Owner acknowledges and agrees that a Tahoma Terra Covenant has or will be recorded m the official records of Thurston County and that it encumbers or will encumber all of Tahoma Terra, including the Business Park The Tahoma Terra Residential Association will administer the terms of the Covenant Under the Tahoma Terra Covenant, each Owner will be responsible for paying assessments for the maintenance, repair, operation and insurance of property, Tahomci Te>>a Bcrsrness Pn~k CCR s page 19 C improvements or services deemed to be of benefit to all of Tahoma Terra Each Owner, by accepting a deed to a Lot within the Business Park, consents to the recording of the Tahoma Terra Covenant and agrees to abide by the obligations imposed thereunder In accordance with the Tahoma Terra Covenant, assessments shall be collected from each Owner by the Business Park Association ARTICLE 13 AMENDMENTS 13 1 By Declarant In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Lot to an Owner other than Declarant, Declarant may unilaterally amend this Declaration for any purpose Thereafter, Declarant may unilaterally amend this Declaration if such amendment is necessary (a) to bang any provision into compliance with any applicable governmental statute, rule, regulation or~udicial determination, (b) to enable any reputable title insurance company to issue title insurance coverage on the Lots, (c) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans to make, purchase, insure or guarantee mortgage loans on the Lots, or (d) to satisfy the requirements of any local, state or federal governmental agency However, any such amendment shall not adversely affect the title to any Lot unless the Owner shall consent m writing In addition, so long as Declarant owns property described m EXHIBIT A or EXHIBIT B for development as part of the Business Park, it may unilaterally amend this Declaration for any other purpose provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent m writing 13 2 By Members Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration maybe amended only by the affirmative vote or wntten consent, or any combination thereof, of Owners representing 67% of the total votes in the Association, including 67% of the votes held by Members other than Declarant and Declarant's consent, so long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration m accordance with Article 14 below 13 3 Vahdrty and Effective Date No amendment may remove revoke, or modify any right or privilege of Declarant without Declarant s wntten consent (or the assignee of such right or privilege) If an Owner consents to any amendment to this Declaration, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any mortgage or contract between the Owner and a third party will affect the validity of such amendment Any amendment shall become effective upon recording, unless a later effective date is specified m the amendment Any procedural challenge to an amendment must be made within six months of rts recordation Tahoma Tc>> ci Busyness Pm k CCR s pc~gc 20 C or such amendment shall be presumed to have been validly adopted In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration ARTICLE 14 EXPANSION OF THE BUSINESS PARK 14 1 Expansion by Declarant Declarant may from time to time subject to the provisions of this Declaration all or any portion of the property descnbed m EXHIBIT B, including portions which are not contiguous to other portions of the Busmess Park, by recording a Supplemental Declaration descnbmg the additional property to be subjected A Supplemental Declaration recorded pursuant to this Section shall not require the consent of any person except the owner of such property, if other than Declarant Declarant's nght to expand the Busmess Park pursuant to this Section shall expire when all property descnbed m EXHIBIT B has been subjected to this Declaration or 20 years after this Declaration is recorded, whichever is earlier Nothing m this Declaration shall be construed to require Declarant or any successor to subject additional property to this Declaration or to develop any of the property descnbed m EXHIBIT B m any manner whatsoever 14 2 Expansion by the Association The Association may also subject C additional property to the provisions of this Declaration by recording a Supplemental Declaration descnbmg the additional property Any such Supplemental Declaration shall require the affirmative vote of Owners having more than 50% of the votes of the Association and the consent of the owner of the property In addition, so long as Declarant owns property subject to this Declaration or which may become subject to this Declaration m accordance with Section 14 1, Declarant's consent shall be necessary The Supplemental Declaration shall be signed by the President and Secretary of the Association, by the owner of the property and by Declarant, if Declarant's consent is necessary ExECUTED as of the day and year first above wntten Tahoma Terra, LLC a Washington limited liability company By_ Name Title Manager Tahoma Tcna Busutcss Patk CCR s page 2/ STATE OF WASHINGTON ss COUNTY OF KING On this day personally appeared before me , to me known to be the Manager of Tahoma Terra, LLC, the limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of ,2005 Printed Name NOTARY PUBLIC m and for the State of Washington residing at My Commission Expires Tahoma Ten a Business Park CCR s page 22 EXHIBIT A LEGAL DESCRIPTION ~.../ Quadrant/Trrhoma Tema Business Park CCRs #98025 11101 167 23mr11 ~ doc 3/2/2005 E tHtetT A EXHIBIT B EXPANSION AREA [See attached two-page legal description ] Qeradrant/Tahoma Terra Business Park CCRs Exf//e/T B #98025 11101 167 23me1 l ~ doc 3/2/2005 C TABLE OF CONTENTS PAGE ARTICLE 1 DECLARATION 1 1 1 The Business Park 1 1 2 Binding Effect 1 ARTICLE 2 PURPOSE AND INTENT 1 2 1 Purpose of Declaration 1 2 2 Aarmon><ous Development of Business Park 2 2 3 Exempt Property Z ARTICLE 3 DEFINITIONS 2 31 "Articles" 2 3 2 "Assoc~ahon" 2 3 3 "Board" 2 3 4 "Business Park Des><gn Rev><ew Committtee" 2 3 5 "Common Areas" 2 3 6 "Common Expenses" 3 3 7 "Commun>!ty-W><de Standard" 3 3 8 "Declarant" 3 3 9 "Declarant Control Per><od" 3 310 "Declarat><on" 3 3 11 "Design Gu><dehnes" 3 312 "Improvement" 3 313 "Lot" 4 3 14 "Master Plan" 4 315 "Owner" 4 316 "Parcel" 4 317 "Plat" 4 3 18 "Tahoma Terra" 4 3 19 "Tahoma Terra Covenant" 4 3 20 "Street Landscaped Area" 4 3 21 "Streetscape Easement Area" 5 3 22 "Tract" 5 ARTICLE 4 RESTRICTIONS ON USE OF PROPERTY 5 Qaradrara/Tcrhomcr Terru Busyness Park CCRs Table of Contents -page r #98025 11101 167 23mx11' doc ~--~ 4 1 Plan of Development 5 4 2 Des>tgn Guidelines 5 4 3 Perm>ttted Use 5 4 4 Construction of Improvements 5 4 5 No Temporary Structures 5 4 6 Nu><sance 6 4 7 Vacant Lots 6 4 8 Trash 6 4 9 S><gns 6 4 10 Declarant Reservations 6 4 11 Hazardous Materials Management 6 4 12 Telecommunications and Data Conduits 7 4 13 Restr>ICted Materials 8 ARTICLE 5 BUSINESS PARK DESIGN REVIEW COMMITTEE 8 51 Establ><shment 8 5 2 Improvements 8 5 3 Criter><a for Improvements 9 5 4 Procedure 9 5 5 No Liabil><ty 10 5 6 Fees 10 5 7 Termination of Business Park Design Rev>tew Committee 10 ARTICLE 6 OWNERS ASSOCIATION 10 61 Membersh'<p 10 6 2 Voting Rights 11 6 3 Management of Common Areas and Enforcement of Declarat'<on 11 6 4 Authority of the Board 11 6 5 Property Rights in Common Areas 11 ARTICLE 7 MAINTENANCE AND COMMON EXPENSE 12 7 1 Maintenance of Common Areas 12 7 2 Maintenance of Lots 12 7 3 Maintenance Responsibilities 13 7 4 Maintenance of Storm Detention System 13 7 5 Common Expenses 13 7 6 Improvement of the Common Areas 14 Quark mrt/Tahoma Te>> a Business Pm k CCRs Table of Contents -page zi #98025 11101 1G7 23m~c11 ~ doc C ARTICLE 8 ASSESSMENTS 14 8 1 Annual Assessments 14 8 2 Board Determines the Amount of Assessment 14 8 3 Assessment Certificates 15 8 4 Special Assessments 15 8 5 Specific Assessments 15 8 6 Additional Lots 15 8 7 Creation of Lien and Personal Obligation 15 ARTICLE 9 ENFORCEMENT 16 91 Procedure 16 9 2 Payments ~n Arrears 16 9 3 Owners and Assoc-ahon Rights and Remedies 16 9 4 Owner Indemnity 16 9 5 Violation Deemed to Create a Nuisance 16 9 6 No Waiver or Right to Enforce 16 ARTICLE 10 EASEMENTS 17 10 1 Easements for Use and Enjoyment 17 10 2 Utilities 17 10 3 Easement for Entry 17 10 4 Easement for Maintenance 18 10 5 Easement for Entry Features 18 10 6 Construction and Sale Period Easement 18 ARTICLE 11 INSURANCE 19 ARTICLE 12 MISCELLANEOUS 19 12 1 Rules and Regulations 19 12 2 Wavier 19 12 3 Severabihty 19 12 4 Captions 19 12 5 Municipal Ordinances 19 12 6 Interpretation 19 12 7 Tahoma Terra Covenant 19 ARTICLE 13 AMENDMENTS 20 13 1 By Declarant 20 Quads ant/Tahoma Tenn Business Pay k CCRs Table of Contents - pnge ttr #98025 11101 167 23mr11 ~ doc 13 2 By Members 20 13 3 Val>Id><ty and Effective Date 20 ARTICLE 14 EXPANSION OF THE BUSINESS PARK 21 14 1 Expans>on by Declarant 21 14 2 Expansion by the Assoc><at><on 21 Exhib>It A Legal Descr><pt>lon Exh><b>It B Expans>on Area Quacb ant/Tahoma Tee ra Business Park CCRs Table of Contents -page iv #98025 11101 ] 67 23mr I I' doc When Recorded Return to SECOND AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, AND AGREEMENTS FOR TAHOMA TERRA BUSINESS PARK Grantor Grantee OWNERS ASSOCIATION TAHOMA TERRA BUSINESS PARK Legal Descr~pt~on (abbreviated) Tahoma Terra Master Plat according to the Plat thereof recorded m Vol _ of Plats Pages _ through _ Thurston County W ashmeton D Additional on EXHIBIT A Assessor's Tax Parcel ID # Reference Nos of Documents Released or Ass-gned DECLARATION OF EASEMENTS AND COVENANT TO SHARE COSTS FOR TAHOMA TERRA Prepared by - TABLE OF CONTENTS - Page BACKGROUND STATEMENT I STATEMENT OF COVENANTS AND EASEMENTS 1 I DEFINITIONS I 1 1 Association Declaration 2 1 2 Business Park 2 1 3 Community Areas 2 1 4 Community Wide Standard 2 15 Contribution ~ 16 Covenant 2 1 7 Declarants ~ 1 8 Equivalent Unrts 2 1 9 Joint Expenses 2 1 10 Master Plan 3 111 Mortgage 3 112 Owner 3 1 13 Owners Association 3 114 Person 3 1 15 Property Owner or Property Owners 1 16 Record, Recording, or Recorded 4 1 17 Rental Parcel 4 1 18 Residential Association 4 1 19 Residential Property 4 1 20 Tahoma Terra 4 1 21 Retail Center 4 122 Unit 4 II COMMUNITY AREAS 5 2 1 Responsibility for the Community Areas S 2 2 Community Areas j 2 3 Dispute Procedures 6 2 4 Limitation of Liability 6 2 5 Easements m Favor of the Residential Association 7 ~ 2 6 Easements in Favor of the Members of the Business Park, C~, Retail Center, and Rental Parcel 7 5 1 Hazardous Waste Disposal 5 2 Restricted Materials 5 3 Perimeter Buffers 5 4 Modifications to Master Plan and Permits Applicable to the Property 5 ~ Conversion to Residential Use 5 6 Notice 5 7 Amendment 5 8 Duration 5 9 Applicable Law 5 10 Gender and Grammar 511 Severability 512 Captions 5 13 Successors and Assigns 514 Exhibits ii III IV 2 7 Conveyance of Community Areas by Declarant 2 8 Conveyance of Community Areas by Owners Associations or Other Persons 2 9 Subtraction of Community Areas 2 10 Dedication of Community Areas 2 11 Easements Reserved to Declarants OBLIGATION TO SHARE COSTS 7 8 8 8 8 S 3 1 Responsibility and Obligation for Contributions 8 3 2 Computation of Contributions 9 3 3 Payment of Contributions 9 3 4 Record Keeping 10 3 5 Exempt Property 10 JURISDICTION OF THE RESIDENTIAL ASSOCIATION 10 4 1 Powers and Duties of the Residential Association 10 4 2 Jurisdiction 11 4 3 Submission of Property by Residential Association 12 V GENERAL 12 12 12 12 14 14 14 1~ 15 16 16 16 16 16 16 102 037 db280207 3/1/05 DECLARATION OF EASEMENTS AND COVENANT TO SHARE COSTS FOR TAHOMA TERRA THIS DECLARATION OF EASEMENTS AND COVENANT TO SHARE COSTS FOR TAHOMA TERRA ("Covenant") is made this _ day of , 2005, by Tahoma Terra, LLC, a Washington limited liability company ("Declarant") BACKGROUND STATEMENT Tahoma Terra is a mixed-use, master planned community located in Thurston County, Washington, being developed m accordance with a Master Plan attached hereto as Exhibit "A," as such Master Plan may be amended from time to time Declarant is the developer of Tahoma Terra and are the owner of the real property described in Exhibit "B" attached hereto The general plan of development of Tahoma Terra contemplates various uses of the real property described in The Master Plan, including single family and multi-family residential development, business park use, retail/commercial use, and preservation of wetlands, open space and conservation areas By this Covenant Declarant desires to provide for the maintenance and operation of certain real property and improvements within Tahoma Terra, which provide a benefit to all portions of and uses within Tahoma Terra (the "Community Areas"), to provide for the obligation of all owners of property within Tahoma Terra to contribute to such costs, to set forth the method for allocating such costs among such owners of property, and to provide for easements over and across the real property described m Exhibit "B," or additional property made subject to the terms of this Covenant, m the manner provided herein STATEMENT OF COVENANTS AND EASEMENTS Declarant hereby declares that the real property described in Exhibit "B," and any property which is made subject to this Covenant in the manner provided herein shall be owned, conveyed, and used subject to all of the provisions of this Covenant, which shall run with the title to such property This Covenant shall be binding upon all Persons having any right, title, or interest m any portion of the real property now or hereafter submitted hereto, their heirs, successors, successors-in-title, and assigns Article I Definitions The words used in this Covenant shall generally be given their normal, commonly understood definitions unless otherwise specified Capitalized terms shall be defined as follows 1 1 "Association Declarations" A collective term referring to the Declaration of Covenants, Conditions, and Restrictions for Tahoma Terra Residential Property, the Declaration of Covenant, Conditions, and Restrictions for Tahoma Terra Business Park, or any recorded declaration of covenants, conditions, or restrictions by whatever name denominated applicable to an Owners Association within a particular land use designation (i e , Residential Property, Business Park, or Rental Parcel) which by its terms or the applicability of this Covenant makes the Owners Association subject to these Covenants This definition shall exclude the declaration of any neighborhood association or condominium association within the Master Plan which is subordinate to or a subassociation under an Association Declaration 1 2 "Business Park" Those portions of the real property designated on the Master Plan or by Declarant as "Business Park " 1 3 "Community Areas" Those areas within or m the vicinity of the Master Plan which are designated and developed by Declarant for the use and/or benefit of all Persons within Tahoma Terra and which are generally owned operated and maintained by the Residential Association for the use of owners, occupants, tenants, guests and invitees of the Residential Property, Business Park and Rental Parcel 1 4 "Community-Wide Standard" The standard of conduct, maintenance, design, or other activity generally prevailing throughout Tahoma Terra Such standard shall be established initially by Declarant and may contain both objective and subjective elements The Commumty- Wide Standard may evolve as development progresses and as the needs and demands of Tahoma Terra change 1 5 "Contribution" Obligations of an Owners Association or a Property Owner to be made to the Residential Association to fund Joint Expenses 1 6 "Covenant" This Declaration of Easements and Covenant to Share Costs, as such may be amended and supplemented from time to time as provided herein 1 7 "Declarants" The Quadrant Corporation, a Washington corporation, and a , or their successors, successors-m-title, or assigns who are designated as a Declarant m a Recorded instrument executed by the immediately preceding Declarant 1 8 "Equivalent Units" A numerical assignment of value given to individually owned Units of real property which are designated and zoned for non-residential use by the Declarants, and the City of Yelm, Washington, to equate non-residential property to residential property for allocating Joint Expenses and voting rights 1 9 "Joint Expenses" The actual and estimated expenses incurred or anticipated to be incurred by the Residential Association to own, operate, maintain, and insure the Community Areas, fulfill the responsibilities set forth m an Association Declaration which are identified as a Joint Expense, and to provide other services or activities for the general benefit of the Tahoma Terra master planned community as set forth herein 1 10 "Master Plan" The land use plan approved by the City of Yelm, as such may be amended a current copy of which is attached hereto as Exhibit "A " 1 11 "Mort~a~e" A mortgage, deed of trust, deed to secure debt, or any other form of security instrument affecting title to any Unit A "Mortgagee" shall refer to a beneficiary or holder of a Mortgage 1 12 "Owner" One or more Persons who hold the record title to a Unit within Tahoma Terra but excluding m all cases any Mortgagee or other party holding an interest merely as security for the performance of an obligation If a Unit is sold under a Recorded contract of sale, then upon Recording of such contract, the purchaser (rather than the fee owner) will be considered the Owner if the contract specifically so provides If a Unit or parcel of property is subject to a written lease with a term m excess of one year and the lease specifically so provides, then upon filing a copy of the lease with the Board, the lessee (rather than the fee owner) will be considered the Owner during the term of the lease for the purpose of exercising any rights of Owners under this Covenant In the case of any Owner who is subject to the jurisdiction of an Owners Association, any reference herein to the Owner shall be deemed to include a reference to the applicable Owners Association 1 13 "Owners Association" Any mandatory membership association comprised of owners of real property within the Tahoma Terra master planned community which has the power to assess each of its members for common expenses The Owners Associations within Tahoma Terra shall include, without limitation, the Residential Association, and the Owners Association havmg~unsdiction over the Business Park 1 14 "Person" A human being, a corporation, a partnership, a trustee, or other legal entity 1 15 "Propertv Owner" or "Propertv Owners" A collective term referring to the various independently owned parcels of real property which are not subject to an Association Declaration (including, by way of example, the Rental Parcel) but which may become subject to this Declaration by supplemental declaration, covenant, or deed Recorded m the Thurston County, Washington 1 16 "Record " "Recording," or "Recorded" To file, filing, or filed of record in the Public Real Estate Records of Thurston County, Washington, or such other place which is designated as the official location for recording deeds and similar documents affecting title to real estate The date of Recording shall refer to that time at which a document, map, or plat is Recorded 1 17 "Rental Parcel" Those portions of the real property designated on the Master Plan or by Declarant as property for development and use for multi-family rental apartments The term shall refer to the land, if any, which is part of the Parcel as well as any improvements thereon If any Parcel is subdivided or resubdivided, whether by plat or deed, each such subdivision shall be considered a Parcel hereunder and votes and liability for Contributions shall be recomputed for each subdivision m accordance with the formula set forth m Exhibit "D " 1 18 "Residential Association" The Tahoma Terra Residential Association, a Washington nonprofit corporation, which is The Owner's Association governing the Residential Property 1 19 "Residential Property" All that certain real property which is subject to the Declaration of Covenants, Conditions, and Restrictions for Tahoma Terra Residential Property, ~~ as Recorded or to be Recorded 1 20 "Tahoma Terra" The master planned community known as Tahoma Terra as shown on the Master Plan or otherwise made subject to this Covenant 1 21 "Unit" A portion of Tahoma Terra, whether improved or unimproved, which may be separately owned and is subject to assessment under an Association Declaration, this Covenant, or a separate covenant or deed encumbering such property For example, and without limitation, the following may be separate Units an attached or detached residential dwelling or condominium unit, a residential lot, a commercial or retail site, an office building, or an unimproved tract of land intended for future development A condominium (residential or non- residential) shall be deemed to contain the number of Units as are created and subject to assessment pursuant to its declaration of condominium Amulti-family structure shall be deemed to contain the number of Units based on the number of dwellings contained m such structure even though the structure may be owned by a single Person The term shall not include the Community Areas, common area of an Owners Association (or a subordinate neighborhood association) subject to an Association Declaration, nor any property dedicated to the public unless otherwise set forth m the deed or dedication to the public entity 4 Article II Community Areas 2 1 Responsibility for the Community Areas The Residential Association shall have the right and the obligation to maintain the Community Areas, defined in Section 2 2, for which each Owners Association and each Property Owner covenants and agrees to contribute to the cost of maintenance Maintenance, as such term is used in this Declaration, shall mean operating, maintaining, repairing, replacing, insuring, and taking any and all steps to keep the Community Areas of Tahoma Terra neat, clean and attractive, including, without hmrtation, repairing and replacing fixtures and landscaping in a manner consistent with the Community-Wide Standard for Tahoma Terra, the Association Declaration, the Master Plan, the plats of Tahoma Terra or any permits applicable to the property In the event that an Owners Association or Property Owner reasonably believes that the Residential Association's maintenance activities do not satisfy the Community-Wide Standard, such Person shall follow the procedures set forth in Section 2 3 2 2 Community Areas The Community Areas, as such term is used herein, includes, without limitation, the following elements of real and personal property located within Tahoma r, Terra which may be illustrated on a diagram attached as Exhibit "C" (a) the main entry and identification features serving Tahoma Terra which are of a general benefit to all of Tahoma Terra, mcludmg all signage, landscaping, and other improvements which are a part thereof, (b) community-wide location and directional signage, (c) the Tahoma Terra recreational amenities, (d) the hard surface and soft service trails (private trails and any supplemental maintenance of public trails) within Tahoma Terra, mcludmg signage, (e) wetlands sensitive areas, conservation areas, buffers, drainage areas, natural habitat preserves, and similar areas designated by Declarants within Tahoma Terra, mcludmg all appurtenant monitoring or reporting obligations associated therewith, (f) the landscaping adjacent to arterial roadways and buffers, which may be located in an easement area shown on the recorded plat and regardless of whether such property is m the public rights-of--way (to the extent permitted by the applicable governmental agency), -~ 5 (g) the Tahoma Terra community parks and any other parks designed as a Community Area by Declarants (but which shall not include small neighborhood parks or any parks are designated as exclusive common area pursuant to an Association Declaration), (h) additional maintenance and landscaping of any public parks, drainage areas, pubhc facilities or improvements, or other property within Tahoma Terra which the Association may provide with the consent of Thurston County, and (i) any other real or personal property, service, or facility which benefits jointly the Residential Property, the Business Park, the Retail Center, and the Rental Parcel and which is shown on Exhibit "C" now or included herein by amendment 2 3 Dispute Procedures (a) In the event that any Owners Association or Property Owner not subject to an Owners Association believes that the Community Areas are not being maintained to the Community-Wide Standard, or otherwise disputes the conduct or activities undertaken by the residential Association pursuant to this Covenant (unless excluded from this Section) the party making such a complaint ("Claimant") shall provide written notice ("Notice") to the appropriate party to perform such maintenance or take appropriate action (b) Claimant's Notice shall state plainly and concisely (i) the nature of the action, inaction, or maintenance deficiency, including specific problems with the appearance or conduct and offering examples of how or where action or maintenance of a similar nature, if any, is being appropriately performed within Tahoma Terra to the Community-Wide Standard, and (ii) what Claimant wants the appropriate party to do or not do to resolve the problem (c) The party receiving the Notice shall have 10 business days to cure the deficiency or correct the activity, or if the deficiency is not capable of being cured within such period, the party shall respond to the Claimant with a detailed explanation of the steps being taken to cure the deficiency or correct the activity, a good faith estimate of when such deficiency shall be cured, and any other pertinent information (d) If Claimant's Notice is not resolved within the time set forth in subsection (c), Claimant may file a "Claim" as provided m Article XIV of the Residential Association Declaration, m which case the Residential Association, Declarant, the Owners Association, ,_~ Property Owner, or any Person making the Claim shall be deemed "Bound Parties" and shall comply with the dispute resolution procedures set forth therein 6 2 4 Limitation of Liability Notwithstanding anything contained herein to the contrary, neither the Declarant, the Residential Association, Property Owner, or an Owners Association shall be liable for property damage or personal m~ury occurnng on, or arising out of the condition of property which rt does not own unless and only to the extent that rt has been negligent m the performance of its maintenance responsibilities 2 5 Easements m Favor of the Residential Association There are hereby reserved and granted to the Residential Association perpetual, nonexclusive blanket easements over, under, and across the Community Areas and such portions of the property made subject to this Covenant as are necessary for access, ingress, and egress to and from the Community Areas, and to enable the Residential Association to fulfill its responsibilities hereunder, provided, the exercise of such easements shall not unreasonably interfere with the use and enjoyment of the burdened property and, upon completion of work, the Residential Association shall restore such property to the condition existing immediately prior to the exercise of such easement, to the extent reasonably possible 2 6 Easements m Favor of the Members of the Business Park Retail Center and Rental Parcel There are hereby reserved and granted to the Members of the Business Park, Retail Center, and Rental Parcel, their tenants, employees, customers, guests, invitees, successors and assigns, perpetual nonexclusive blanket easements over, under, and across the Community Areas for access use and enjoyment of the Community Areas Such easements shall be subject to any applicable covenants, conditions restrictions, or limitations contained m any deed conveying such property to the Residential Association, the Association Declaration applicable to the Community Area, the Master Plan, the plats of Tahoma Terra or any permits applicable to the property, and the Residential Association's board's right to (a) adopt rules and regulations governing the use and enjoyment of the Community Areas, including rules limiting the number of guests who may use the Common Area, (b) suspend an Owner's ability to use any recreational facilities within the Community Areas for any period during which any Contribution is delinquent or such Owner violates any applicable rule or regulation, (c) impose membership requirements and charge admission or other use fees for the use of any portion of the Community Area (such membership requirements, admission, or use fees may, m the Residential Association's board's discretion, differentiate between members of different Owners Associations and the Rental Parcel), and 7 (d) permit use of any Community Areas by persons other than Owners or members upon such terms and conditions as may be established by the Board and designate areas open for the use and enjoyment of the public 2 7 Convevance of Community Areas by Declarant Declarant may convey to the Residential Association improved or unimproved real estate located within Tahoma Terra, personal property, and leasehold or other property interests Such property or interests shall be accepted by the Residential Association and thereafter shall be maintained as Community Areas The expenses associated with the Community Areas shall be Joint Expenses allocated as set forth m Article III and Exhibit "D " 2 8 Convevance of Community Areas by Owners Associations or Other Persons The Residential Association may acquire improved or unimproved real estate located within Tahoma Terra, personal property, easements, and leasehold or other property interests from any Owners Association or other Persons Such property or interests shall be maintained by the Residential Association as Community Areas m accordance with the Community-Wide Standard 2 9 Subtraction of Communrtv Areas In recognition of the fact that Declarant conveys Community Areas to the Residential Association at no cost to the Residential Association, Declarant shall have the right to reduce the properties compnsmg the Community Areas and may require the Residential Association to reconvey to Declarant, or to transfer to any governmental or quasi-governmental entity or public utility, any properties previously conveyed by Declarant to the Residential Association as Community Areas 2 10 D_ edication of Community Areas Subject to the approval of and acceptance by such entity, the Residential Association may dedicate portions of the Community Areas which it owns to Thurston County, Washington, or to any other local, state, or federal governmental or quasi-governmental entity, provided the Board has determined, m its reasonable discretion, that such entity has the ability to fund and commitment to maintain the dedicated property m accordance with the Community-Wide Standard 2 11 Easements Reserved to Declarant There is hereby reserved by and for the benefit of Declarant, and granted to its duly authorized agents, representatives, successors, assigns, licensees and mortgagees, a perpetual, non-exclusive easement over the property described m Exhibit "B," including the Community Areas, for the enjoyment, use, access, and development of the real property described m the Master Plan, regardless of whether such property is submitted to this Covenant or subject to the ~unsdiction of the Residential Association This easement includes, but is not limited to, a right of ingress and egress over the Community Areas for construction of roads and for tying m and installation of utilities on such property Declarant also reserves for itself the non-exclusive right and power to grant and Record such specific easements as may be necessary, m the discretion of Declarant, m connection with the orderly development of the property within the Master Plan 8 Article III Obligation to Share Costs 3 1 Responsibility and Obh~ation for Contributions Each Owners Association and each Property Owner covenants and agrees to pay an annual Contribution to the Residential Association to cover an equitable portion of the Joint Expenses incurred by the Residential Association The obligation to pay this Contribution shall be mandatory and shall be a separate and independent covenant on the part each Owners Association and Property Owner No diminution or abatement of the Contribution or setoff shall be claimed or allowed by reason of any alleged failure of the Residential Association to perform its maintenance responsibilities to the Community-Wide Standard or perform rts other functions hereunder An Owner's Association or Property Owner's sole remedy for failure of the Residential Association to perform its responsibilities hereunder shall be the dispute procedures set forth m Section 2 3 3 2 Computation of Contributions On an annual basis, at least 60 days before the beginning of its fiscal year the Residential Association shall determine an estimated budget of Joint Expenses for the upcoming year, mcludmg such amounts the Board determines to be reasonable to be placed m a reserve fund, if any for capital repairs and replacements The total budget of Joint Expenses shall be allocated between the Owners Associations (mcludmg the ~~ Residential Association) and Property Owners on the basis of a formula set forth on Exhibit "D " ~./ The formula shall apply to all residential Units and all non-residential Units constructed or to be constructed within Tahoma Terra which are subject to this Covenant In determining each Owners Association's or Property Owner's share of the Joint Committee Expenses, the sum of the Units or Equivalent Units within the ~unsdiction of such Owners Association or comprising the Unrt owned by a Property Owner shall be divided by the total number of residential Units and non-residential Equivalent Units subject to this Declaration on the date the budget is established The quotient, stated m terms of a percentage, shall establish each Owners Association's or Property Owner's Contribution for the Joint Expenses Each Owners Association or Property Owner shall pay the Joint Expenses for the residential Units and non-residential Equivalent Units subject to its ~unsdiction Prior to the beginning of each fiscal year, the Residential Association shall send each Owners Association and each Property Owner not subject to an Owners Association a notice of annual Contribution for rts share of the Joint Expenses based on the foregoing formula The notice of annual Contribution shall be adjusted to reflect any excess or deficiency in the budget prepared for the immediately preceding year as compared to actual expenses for that period and any unreimbursed costs incurred by the Residential Association during the previous fiscal year to collect amounts due hereunder The notice of Contribution shall be the total annual Contribution payable by the Owners Association or Property Owner to the Residential Association 9 3 3 Payment of Contributions Within 30 days of receipt of written notice of an annual Contribution, the Owners Associations and Property Owners shall pay to the Residential Association the entire amount due, provided, however, the board of directors of the Residential Association may provide that such Contribution may be paid m installments The Contribution due from Residential Association shall be included m its annual budget of common expenses Any Contribution delinquent for a period of more than 30 days shall incur a late charge m such amount as the Board may from time to time reasonably determine (subject to the limitations of Washington law), interest (not to exceed the highest rate allowed by Washington law) on the principal amount due, all costs of collection (mcludmg attorney's fees), and any other amounts provided or permitted by law In the event that any Contribution remains unpaid after 90 days, the Residential Association may institute suit to collect a money judgment for such amounts Disputes over the payment of Contributions shall not be subject to the dispute procedures of Section 2 3, and any claim, grievance, or dispute shall be an Exempt Claim from the alternative dispute resolution procedures set forth m the Residential Association's Declaration All payments shall be applied first to costs and attorney's fees, then to late charges, then to interest, and then to delinquent Contributions 3 4 Recordkeepmg The Residential Association shall maintain or cause to be maintained full and accurate books of account with respect to the performance of its responsibilities hereunder The books and records and related financial statements shall be made available for inspection and copying upon request by any of the boards of directors of the Owners Associations or by a Property Owner during normal business hours Copying charges shall be paid by the Person requesting copies If an Owners Association or Property Owner desires to have the records audited, rt may do so at its expense, and the Residential Association shall cooperate by making available to the auditors the records, mcludmg all supporting material (e g , check copies, invoices etc) for the year m question If the amount of actual expenses for the year is disputed after the audit, the Residential Association and the Owners Association or Property Owner requesting the audit shall cause a second audit to be performed by a mutually acceptable auditor and the decision of the second auditor shall be binding If the amount as determined by the second auditor varies from the amount asserted by the Residential Association by five percent or more, the Residential Association shall pay the entire cost of the second auditor If the amount as determined by the second auditor varies from the amount asserted by the Residential Association by two percent or less, the Owners Association or Property Owner requesting the audit shall pay the entire cost of the second auditor Otherwise, the cost of the second auditor shall be shared equally by the Residential Association and the Owners Association or Property Owner Variances shall be taken into account m the following year's budget as provided m Section 3 2 3 ~ Exempt Property Any property dedicated or conveyed to and accepted by any governmental authority or public utility shall be exempt from payment of the Contnburion hereunder In addition, Declarant and/or the Residential Association shall have the right, but not 10 the obligation, to grant exemptions to certain Persons qualifying for tax exempt status under Section 501(c) of the Internal Revenue Code so long as such Persons own property subject to this Covenant for purposes listed m Section 501(c) Article IV Jurisdiction 4 1 Powers and Duties of the Residential Association The Residential Association shall operate, manage, and maintain the Community Areas subject to every Owner's right and nonexclusive easement of use, access, and enjoyment, m a manner consistent with the Association Declaration, the Master Plan, the plats of Tahoma Terra or anv permits applicable to the property The Residential Association also shall perform such obligations and responsibilities as may be assigned to rt by Declarant as more specifically provided m the Residential Association's Declaration To the extent that such obligations and responsibilities are performed for the benefit of all of Tahoma Terra (as opposed to the exclusive benefit of the Residential Association) these obligations and responsibilities shall be accepted by the Residential Association when assigned m writing by Declarant and undertaken as a Joint Expense The Residential Association shall have the specific authority to establish a minimum Community-Wide Standard of maintenance and aesthetic appearance for the Community Areas The Residential Association also may promulgate reasonable rules and regulations governing the use of the Community Areas The Residential Association shall have the authority to enforce such standards and such rules and regulations including, without limitation the right to levy fines which if unpaid shall be m addition to the Contribution owed by the violator The Residential Association also shall have the right to en~om anyone from using any portion of the Community Areas who violates such rules and regulations The Residential Association shall have the right to enforce any provision of this Covenant through the dispute resolution procedures or, if exempt by action at law or m equity The Residential Association shall be entitled to recover all expenses from a violator including attorneys' fees Except as otherwise specifically provided m this Covenant, the Residential Association shall not have jurisdiction over the internal affairs or operations of any other Owners Association or any Property Owner 4 2 Jurisdiction Declarant may from time to time subject to the provisions of this Covenant all or any portion of the property described on the Master Plan by Recording a supplemental declaration descnbmg the additional property to be subjected, or by cross- referencmg the Association Declaration which binds property subject to its ~unsdiction to the covenants and agreements of this Covenant Any property which is now or hereafter subject to an Association Declaration shall automatically be deemed subject to this Covenant Non- residential property of a Property Owner may be subject to this Declaration by supplemental 11 declaration, reference m the deed conveying such property to the Property Owner, or supplemental declaration A supplemental declaration Recorded pursuant to this Section shall not require the consent of any Person except the owner of such property, if other than Declarants The Declarant's right to expand the community pursuant to this Section shall expire when all property described on the Master Plan has been subjected to this Covenant or 40 years after Recording this Covenant, whichever is earlier Until then, the Declarant may transfer or assign this right to any Person who is the owner or developer of a portion of the real property described m the Master Plan Any such transfer shall be memorialized m a written, recorded instrument executed by the Declarant which is assigning the Declarant's rights hereunder Nothing m this Covenant shall be construed to require the Declarant or any successor to subject additional property to this Covenant or to develop any of the property described on the Master Plan m any manner whatsoever The Declarant reserves the right to amend this Covenant, so long as rt has a right to submit additional property for the purpose of removing any portion for any reason Such amendment shall not require the consent of any Person other than the owner of the property to be withdrawn, if not a Declarant If the property is Common Area of an Owners Association, the Owners Association shall consent to such withdrawal ~/ 4 3 Submission of Property by Residential Association The Residential Association may subject additional property to the provisions of this Covenant by Recording a supplement to this Covenant supplementing Exhibit "B" with the legal description of the property to be submitted The supplement shall be executed by or on behalf of the Residential Association and the owner(s) of the property being submitted In addition so long as Declarant owns any property shown on the Master Plan, a Declarant's consent shall be required to submit such property Any such annexation shall be effective upon the Recording of the supplement unless otherwise provided therein Article V General 5 1 Hazardous Waste Disposal Plan The following uses may be permitted on a Umt within the Business Park or the Retail Center only after Thurston County review and approval of a hazardous waste disposal plan automobile repair or service, veterinary clinic, medical/dental lab, research, development and testing, and all manufacturing uses permitted under the Thurston County Code Such plan shall mdentify all hazardous materials to be used or generated on-site and their ultimate disposal or removal off-site ~ 2 Restricted Materials To enhance water quality by reducing copper and zinc loads, copper gutters, flashmgs, and roof materials for improvements constructed m or on any 12 real property subject to this Covenant are prohibited In addition, galvanized storm drainage culverts and conveyance piping systems are prohibited 5 3 Perimeter Buffers All native vegetated perimeter buffers within Tahoma Terra, as established pursuant to the Master Plan, the plats of Tahoma Terra or any permits applicable to the property, are subject to the following terms and conditions (a) Except for access roads and as provided m subsections (b), (d), and (e) below, a 50-foot undisturbed perimeter buffer shall be provided along all perimeter boundaries of Tahoma Terra Such buffer shall be mamtamed at all times to the standards provided m the City of Yelm Code (b) Areas designated for retail/commercial uses shall provide that a 100-foot undisturbed perimeter buffer be mamtamed (c) The required perimeter buffers shall be established on the plat map Recorded with each plat (d) The following intrusions or modifications may be allowed within the required perimeter buffer (1) required utility crossings, (2) future trail crossings required to connect off-site trails, as approved by the Thurston County, and (3) pruning or removal of trees and other vegetation that could cause damage by falling or that would grow to a height which would interfere with overhead electrical facilities (e) Prior to adjacent construction activity, temporary fencing shall be installed to delineate the required perimeter buffer Such fencing shall not be removed until adjacent site clearing and grading is completed (f) At the time of clearing, the Applicant shall be responsible for the removal of dead or diseased trees and trees with severed or compacted root systems resulting from construction activity (g) Notwithstanding the foregoing provisions related to tree clearing, the Applicant shall comply with all provisions of Ylem Municipal Code Chapter 14 16, requiring the protection and preservation of trees located on the Properties, to the extent applicable 13 (h) All perimeter buffers shall be monitored five years after completion of adjacent construction to determine the need for revegetation and/or removal of dead or declining vegetation Maintenance and other permitted activities wrthm the perimeter buffers may be undertaken only by the Residential Association and no Owner shall have any right to clear, maintain, or perform other activities wrthm the perimeter buffers 5 4 Modifications to Master Plan and Permits Applicable to the Property During the Class "B" Control Period, as defined in the Residential Declaration, no Owner except Declarant may apply for any modification of the Master Plan or any permit applicable to the property Following the end of the Class "B" Control Period, only the Residential Association may apply for modifications Any modification requested by an Owner or another Owners Association shall be subject to the Residential Association's reasonable determination as to whether or not to submit such an application to Thurston County 5 ~ Conversion to Residential Use Any real property subject to this Covenant which is converted from non-residential usage (including multi-family apartment property) to a condominium m accordance with the Washington Condominium Act or to other residential use by which individual units or lots are offered for sale, shall be submitted to the Declaration of Covenants, Conditions, and Restrictions for Tahoma Terra Residential Property m accordance with Article IX, Section 9 ~ thereof 5 6 Notice Any notice provided for m this Covenant shall be served personally or shall be mailed by registered or certified mail, as follows (a) if to the Residential Association, to the president or secretary of the Residential Association at the principal office of the Residential Association, or at such other address of which it has given notice m accordance with this Section, (b) if to an Owners Association, to the address designated by such Owners Association m writing with the Residential Association, or at the principal office of such Owners Association, or (c) if to a Property Owner, to such Owner at the address of such Owner's property within Tahoma Terra or such other address as rt has registered with the Residential Association All such notices shall, for all purposes, be deemed delivered (a) upon personal delivery to the party or address specified above or (b) on the third day after mailing when mailed by registered or certified mail, postage prepaid, and properly addressed 14 5 7 Amendment This Covenant may be amended unilaterally at any time and from time to time by Declarant, rts successors or assigns, if such amendment is necessary (a) to bring any provision hereof into compliance wrth any applicable governmental statutes, rule or regulation or judicial determination, (b) to enable any reputable title insurance company to issue title insurance coverage with respect to any portion of the property subject to this Covenant, or (c) to permit any institutional or governmental lender, purchaser, guarantor or insurer of mortgage loans to make, purchase, guarantee or insure mortgage loans, or (d) to satisfy the requirements of any governmental agency Further, for a period of 20 years after this Covenant is Recorded, Declarants may unilaterally amend this Covenant for any other purpose, provided such amendment has no material adverse effect upon the title to any portion of the submitted property without the consent of the Owner or has a material adverse effect upon any right, privilege, or protection granted to the Owners m this Covenant Thereafter, except where a higher vote is specifically required for action under a particular provision of this Covenant, this Covenant may be amended wrth the written consent of the Residential Association and the affirmative vote or written consent, or any combination thereof, of the Owner's Associations and Property Owners holding a majority of the votes as ~`\ calculated as provided m Exhibit "D," such votes to be cast by the Owners Associations or ~ Property Owners In addition, so long as Declarant has an option unilaterally to subject additional property to this Covenant, a Declarant's consent is also required Amendments to this Covenant shall become effective upon Recordation, unless a later effective date is specified therein Any procedural challenge to an amendment must be made within six months of rts Recordation In no event shall a change of conditions or circumstances operate to amend any provisions of this Covenant 5 8 Duration (a) Unless terminated as provided m Section 5 8(b), this Covenant shall have perpetual duration If applicable law m the State of Washington hereafter limits the period during which covenants may run with the land, then to the extent consistent with such law, this Covenant shall automatically be extended at the expiration of such period for successive periods of 20 years each, unless terminated as provided below Notwithstanding the above, if any of the provisions of this Covenant shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until 21 years after the death of the last survivor of the now hvmg descendants of Elizabeth II, Queen of England (b) Unless otherwise required by State of Washington law, this Covenant may not be terminated except by an instrument approved by the board of the Residential Association and by Owners Associations and Property Owners required to make Contributions holding at least 67% 15 of the votes calculated as provided m Exhibit "D " In addition, the instrument shall require the consent of Declarant so long as Declarant owns any property shown on the Master Plan Any such instrument shall set forth the intent to terminate this Covenant and shall be Recorded 5 9 A~phcable Law This Covenant shall be governed by and construed under the Washington laws 5 10 Gender and Grammar The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine 5 11 Severability Whenever possible, each provision of this Covenant shall be interpreted m such manner as to be effective and valid, but if the application of any provision of this Covenant to any person or to any property shall be prohibited or held mvahd, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the mvahd provision or application, and, to this end, the provisions of this Covenant are declared to be severable 5 12 Captions The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are m no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer 5 13 Successors and Assigns This Covenant shall be binding upon all Owners Associations, their members, all Property Owners, and the Owners of property subject to this Covenant, and their heirs successors, successors-m-title, and assigns 5 14 Exhibits Exhibit "A" to this Covenant is attached for informational purposes and any amendment to Exhibit "A" shall be governed by the permits applicable to the Master Plan and not Section 5 7 of this Covenant Exhibit "C" is attached for informational purposes and may be unilaterally amended by Declarant as provided herein Exhibits "B" and "D" are incorporated by reference and the amendments of such exhibits are subject to Section 5 7 16 IN WITNESS WHEREOF, the undersigned Declarant has executed this Covenant the date and year first written above Tahoma Terra, LLC, a Washmgton limited liability company By Its Manager STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day personally appeared before me to me known to be the Manager of Tahoma Terra, LLC, a Washington limited liability company, that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was duly authorized to execute such instrument GIVEN UNDER MY HAND AND OFFICIAL SEAL this _ day of 1999 NOTARY PUBLIC in and for the State of Washmgton, residing at My Commission Expires 17 EXHIBIT "A" Master Plan ~~ EXHIBIT "B" Land Initially Submitted EXHIBIT "C" Diagram of Community Areas ~, EXHIBIT "D" Allocation of Contribution Obligations 1 Each Umt subject to an Association Declaration and each Umt owned by a Property Owner shall be allocated a share of the Joint Expenses on the basis of the following mathematical formula 2 Residential Unrts wrthm the Residential Association, Rental Parcel, or other residential use within the Master Plan shall be assigned one Unrt per dwelling (single-family or multi-family) wrthm such Association's or Property Owner's ~unsdiction 3 Non-residential Unrts wrthm the Retail Center, Business Park, or owned by a Property Owner shall be assigned one equivalent unit ("Equivalent Unrt") for each_,000 [to be inserted after site plan approval] square feet of a Unrt's floor area m an improved structure, measured to the exterior face of walls mcludmg access halls and facilities, and excluding areas for vehicular storage In addition, such Umt shall be assigned one Equivalent Umt for each _,000 [to be inserted after site plan approval] square feet of land comprising such Umt If the floor area or land of a Unrt exceeds that increment for allocation of an Equivalent Umt by one C half or more, the Equivalent Umts allocated to such Unrt shall be rounded up If the floor area or land of a Umt does not exceed that increment for allocation of Equivalent Umts by one half, the Equivalent Umts allocated to such Unrt shall be rounded down Notwithstanding the foregoing, all Umts shall be allocated at least one Equivalent Umt 4 Contributions shall commence upon such Unrts' being subjected to an Association Declaration or this Covenant 5 The sum of all Unrts and Equivalent Unrts wrthm the Master Plan shall be computed annually by the board of directors of the Residential Association as of a date which is not less than 60 days prior to the beginning of rts fiscal year The sum of all Units and Equivalent Unrts shall be the denominator for the allocation of contributions set forth m Section 3 2 Notice of the percentages for each Association Entity or Property Owner (mcludmg a summary of the computations) shall be sent to each Association Entity and Property Owner together with the annual notice of Contribution and budget of Joint Costs