460-a Wal-Mart Appeal
City of Yelm
Resolution No. 460
A RESOLUTION UPHOLDING THE HEARING EXAMINER'S APPROVAL OF THE SITE
PLAN REVIEW FOR THE CONSTRUCTION OF A WAL-MART SUPERCENTER (SPR-
05-0091-YL AND APL-05-0203-YL)
WHEREAS, the Yelm City Council held a closed record hearing on December
28, 2005, regarding an appeal by the Yelm Commerce Group, Valentine Fyrst, Bill
Nicholls, and James Zukowski of the Hearing Examiner's approval of a site plan review
for the construction of a Wal-Mart supercenter in Yelm; and
WHEREAS, the Council considered the appeal, responses to the appeal filed by
the City of Yelm Community Development Department and Wal-Mart, a reply by the
Yelm Commerce Group, et. aI., the Hearing Examiner's decision, reconsideration
requests filed by James Zukowski, Bill Nicholls, Valentine Fyrst, and Ed Wiltsie, and the
Hearing Examiner's decision on reconsideration; and
WHEREAS, the Council reviewed the record before the Hearing Examiner prior
to the closed record hearing, including audio from the three days of public hearing and
all written materials submitted to the Hearing Examiner as part of the record, an index of
which is included in the Hearing Examiner's report and decision; and
WHEREAS, the City Council adopts the following Findings of Fact and
Conclusions of Law in the matter of the Yelm Commerce Group's appeal:
Findings of Fact
1. PACLAND, Inc, on behalf of Wal-Mart Stores, Inc. made application to the City of
Yelm for a site plan review approval for the construction of a Wal-Mart
supercenter in Yelm.
2. Grant Beck, the Yelm Community Development Director and SEPA Responsible
Official issued a Mitigated Determination of Non-significance on June 7, 2005
and this determination was timely appealed by the Yelm Commerce Group.
3. Pursuant to Chapter 15.49 YMC, the Yelm Hearing Examiner held a duly
advertised open record hearing on the Yelm Commerce Group's appeal of the
MDNS. Pursuant to Chapter 15.49 YMC and Chapter 36.70B RCW, the open
record hearing included the underlying land use permit, a site plan review
approval. At the open record hearing, held on August 29th, 30th, and September
1 st, 2005, the Examiner accepted oral and written testimony on the site plan
review application and the appeal of the MDNS and expert testimony regarding
the appeal of the MDNS.
4. The Examiner issued on November 1, 2005, a report and decision which upheld
the issuance of the MDNS and approved the site plan review application, with
conditions as recommended by the Community Development Department. Four
requests for reconsideration were filed by James Zukowski, Valentine Fyrst, Bill
Nichols, and Ed Wiltsie on November 14, 2005. The Examiner denied the
reconsideration requests on November 18.
City of Yelm Resolution 460
5. On November 28, 2005, the Yelm Commerce Group, Valentine Fryst, Bill
Nicholls, and James Zukowski filed an appeal of the Hearing Examiner's decision
to approve the site plan review application for the construction of a Wal-Mart
supercenter in Yelm. The sole basis for the appeal is whether the proposed
development meets concurrency requirements for the City of Yelm as they relate
to transportation. The Hearing Examiner's action to uphold the Responsible
Official's SEPA Determination was not appealed to the City Council pursuant to
Sections 2.26.150 and 15.49.160 YMC.
6. Section 36.70A070 (6)(b) RCW does not require the City of Yelm adopt an
Ordinance relating to concurrency management which mandates the City prohibit
development approval if a development causes the level of service on any state
owned transportation facility to decline below the level of service standards
adopted for the purpose of gauging the performance of the system pursuant to
Section 36.70A070 (6)(a)(iii)(C).
7. Section 36.70A070 (6)(b) RCW does not prohibit the City of Yelm from
establishing concurrency requirements for local project review for state owned
transportation facilities, and the City of Yelm has established level of service
standards for concurrency management purposes for State Routes 510 and 507
within Yelm and it's urban growth area.
8. The Yelm Comprehensive Transportation Plan establishes the following level of
service standards for concurrency purposes:
1. In all residential zones, LOS C
2. In all commercial and light industrial zones, LOS D
3. In the urban core LOS F is recognized as an acceptable level of service
where mitigation to create traffic diversions, bypasses, and alternate
routes and modes of transportation are authorized and being planned,
funded, and implemented.
9. Alternate routes, in the form of the Y-2 and Y-3 transportation improvement as
identified in the Yelm Comprehensive Transportation Plan are a primary project
for the City, Washington State Department of Transportation, Thurston County,
and the Thurston Regional Planning Council. A corridor has been established,
an environmental document approved with a Finding of No Significant Impact,
the SR 510 Yelm Loop (Y-3) is currently in design, including additional
environmental work which will lead to the access process and right of way
acquisition.
The work completed to date shows that alternate routes are being planned, being
funded, and being implemented.
10. The level of service standard in the urban core of Yelm is "F" pursuant to the
Yelm Comprehensive Transportation Plan.
11. The City has consistently utilized the average intersection level of service
methodology for signalized and unsignalized intersections for concurrency
City of Yelm Resolution 460
management purposes, which is an industry standard and consistent with other
jurisdictions in Thurston County.
12. Utilizing average intersection level of service for signalized and unsignalized
intersections is an appropriate methodology for evaluating concurrency with the
established levels of service for the transportation system.
Conclusions of Law
A This matter comes before the City Council on an appeal filed by the Yelm
Commerce Group, Valentine Fyrst, Bill Nicholls, and James Zukowski of the
issuance of a site plan review approval by the Yelm Hearing Examiner. The
Hearing Examiners action to uphold the Responsible Official's SEPA Threshold
Determination was not appealed to the City Council.
B. The Yelm Community Development Department and Yelm Hearing Examiner
applied the correct level of service calculation methodology for concurrency
purposes pursuant to Chapter 15.40 YMC and Section 36.70A070 (6)(b) RCW.
The proposal meets concurrency requirements, including a level of service "F" in
the Yelm urban core.
C. The Hearing Examiner's decision was supported by substantial evidence
submitted through the land use hearing process, particularly by the expert
testimony of the City's transportation consultant, Perry Shea of Parametrix, Inc.
NOW, THEREFORE, BY IT RESOLVED by the City Council of the City of Yelm,
Washington, that the Hearing Examiner's approval of a site plan review for the
construction of a Wal-Mart supercenter is upheld and the Hearing Examiner's report and
decision is hereby adopted.
PASSED and signed in authentication on this 28th day of December, 2005
Attest:
4JltJ 0c~~
Agn P. Bennick, City Clerk
City of Yelm Resolution 460