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Project Rev & Correspondence~,~~T~p City of helm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 NOTICE OF PUBLIC HEARING YELM CITY COUNCIL DATE: Wednesday, November 12, 2003, 7:30 P.M. PLACE: Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA PURPOSE: Public Hearing to receive comments regarding a proposed rezone of approximately 12 acres from Low Density Residential (R-4) to Institutional District (ID). Case Number ZON-03-8349-YL APPLICANT: Yelm Community Schools LOCATION: West of the Mill Pond Elementary School, east of the Hawks Landing subdivision, north of 107th Street and south of 104th Street. The City Council of Yelm will hold a public hearing to receive comments on the proposed rezone of approximately 12 acres located west of Mill Pond Intermediate School and owned by Yelm Community Schools from Low Density Residential (R-4) to Institutional District (ID). Testimony may be given at the hearing, or through written comments on the proposal, received by the close of the public hearing on Wednesday, November 12, 2003. Written comments may be submitted to the City of Yelm at the address shown above, or mailed to the City of Yelm Community Development Department, P.O. 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 Grant Beck 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 ATTEST: City of Yelm 1; ~ ,, i ~ ~`/ `mac` i ~ ~L ~, ~ w Ag s Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, October 31, 2003 / ~~~ Tim p YELM ~ wwsN~NCroM ME M O R A ND UM City of Yelm Community Development Department To: Mayor Rivas City Council From: Grant Beck, Director of Community Developmen Date: October 31, 2003 Subj: Yelm Community Schools Rezone - ZON-03-9349-YL Issue Yelm Community Schools has requested the City rezone approximately 12 acres of land that the District currently owns adjacent to and east of the Mill Pond Intermediate School from Low Density Residential (R-4) to Institutional District (ID) in order to allow the construction of a new Junior High School on the property. Background The Yelm Planning Commission held a duly advertised public hearing on the rezone request by Yelm Community Schools at it's regular meeting of October 20, 2003. After review of the staff report, testimony by the School District, and comments from the public, the Planning Commission voted unanimously to recommend that the City Council approve the rezone request. In taking this action, the Commission adopted the findings of fact and conclusions of law in the staff report. Recommendation The City Council adopt Ordinance Number 795 rezoning approximately 12 acres from Low Density Residential (R-4) to Institutional District (ID). To: City of Yelm Planning Commission , From: Grant Beck, Director of Community Developmen Date: July 14, 2003 Subject: Yelm Community Schools Rezone ZON-03-8349-YL Exhibit I Rezone Application Exhibit II Notice of Application Exhibit III Public Hearing Notice Exhibit IV Site Plan Exhibit V Zoning Map Exhibit VI Aerial Photo Issue Yelm Community Schools has requested the City rezone approximately 12 acres of land that the District currently owns adjacent to and east of the Mill Pond Intermediate School from Low Density Residential (R-4) to Institutional District (ID) in order to allow the construction of a new Junior High School on the property. Background The subject property is approximately 30 acres in area and is located at 10605 Mill Road SE in a portion of the NW Y4 of Section 25, Township 1 North, Range 1 East, W.M. and described as tax parcel number 21 7251 401 00. - The property is currently occupied by Mill Pond Intermediate School and is split by a zoning district boundary. The western portion of the property, occupied by Mill Pond School, is zoned Institutional District (ID) while the eastern 12 acres is zoned Low Density Residential (R-4). In 1995, the District applied for a boundary line adjustment along with James and Patricia Forrester and John Huddleston to revise the boundaries of three existing lots. The Districts parcel as it was configured prior to the Boundary Line Adjustment was that portion occupied by Mill Pond School and is currently zoned ID. The Boundary Line Adjustment created a 30 acre parcel split between ID and R-4 zoning. The District purchased the property for use as a school facility. The resolution of the School Board which authorized a limited general obligation bond for the purchase of the property states that 'the acquisition of certain real property is required to serve the needs of the students of the Staff Report Page 1 of 3 District in order to provide the students attending and use the same with adequate, proper, and safe education facilities'. The construction of a new Junior High School on the subject property is part of the Yelm Community Schools Capital Facilities Plan, last updated in May of 2003. The Comprehensive Plan and Zoning Code, including the zoning map, were being updated pursuant to the Growth Management Act during the same time period that the boundary line adjustment was being completed. If the District had purchased the additional property prior to consideration of the updated zoning code map, it is highly likely that the property would have been designated as Institutional at that time. The Institutional District was created to: A. Protect and preserve certain areas of land devoted to existing and future use for civic, cultural, educational and similar facilities; B. Provide for the social needs of the community as those needs relate to public services, open space and institutions whether publicly or privately owned; C. Enhance the identity and image of the community as a desirable place for human growth and development; D. Provide opportunities and facilities for the various activities and needs of a diverse and dynamic population; E. Provide and protect parks, open space and other natural, physical assets of the community to improve the aesthetic and functional features of the community. [Section 17.48.010 YMCJ The Comprehensive Plan establishes the following policies related to Schools and the Institutional District (ID): Provide capacity to accommodate planned growth by assuring that each jurisdiction will have adequate capacity in transportation, public and private utilities, storm drainage systems, municipal services, parks and schools to serve growth that is planned `#or in adopted local comprehensive plans. (County Wide Planning Policy 2.3.a] Public Institutional/Open Space: Yelm has identified two land use designations or categories which reflect public ownership of the land or land permanently set aside as dedicated open space or critical areas. Public purpose lands which are presently .identified are shown on the Future Land Use Map, Map #3. [Section III.b.2.e Comprehensive Plan] The Yelm School District and the Rainier School District serve the Urban Growth Area. The Rainier School District jurisdiction will be developed in conjunction with the overall plan for the Thurston Highlands' portion of fhe Southwest Sub-Area. The remaining planning area is within Yelm School District No. 2. That District currently has a high school, a middle school, an intermediate (grades 5-6) school, an alternative high school and three Staff Report Page 2 of 3 elementary schools within Yelm's Urban Growth Area. The Yelm School District has an additional elementary school in Pierce County and approximately 20% of the students live in Pierce County. In 1994, the Yelm School District's growth was 180 students from last year and the District now instructs a total enrollment of 4, 000 students. Based on current growth projections, student population will grow by approximately 6, 000 students during the next 20 years. All future schools will need to be constructed within Yelm's Urban Growth Area to meet the requirements of utilities and land use. Within the next six years, a new intermediate school and a new elementary school will need to be built. [Section V.C.5 Comprehensive Plan] The State Environmental Policy Act at Section 197-11-600 WAC states that an agency may use existing environmental documents to evaluate proposed actions and environmental impacts of a proposal that is the same or different than those previously analyzed. Further, any agency acting on the same proposal shall use the existing environmental document unchanged except if an agency with jurisdiction is unsatisfied with the DNS, or if there are substantial changes to a proposal so the proposal is likely to have significant adverse environmental impacts. Analysis The Districts Capital Facilities Plan indicates that a new Junior High School is needed to serve the population growth in Yelm, it's urban growth area, and rural lands within the School District boundaries. The Comprehensive Plan identifies the Institutional District as being appropriate for land under public ownership, such as the School District. The City's Comprehensive Plan also notes that new school facilities are needed and should locate within the urban growth area. Had the subject property been acquired by the District prior to start of the Comprehensive Plan update process in the mid-1990's, it is likely that the property would have been designated as Institutional at the time of the update. The proposed rezone is consistent with the policies of the Comprehensive Plan as they relate to both schools and the Institutional District. The Environmental Impact Statement prepared for the adoption of the updated Comprehensive Plan and development regulations in 1995/1996 reviewed the impacts of the various zoning classifications and is being used without modification for this rezone application. Recommendation The Planning Commission should recommend approval of the proposed rezone of approximately 12 acres currently owned by Yelm Community Schools from Low Density Residential (R-4) to Institutional (ID) to the City Council. Staff Report Page 3 of 3 ~' ,~~u~l~f~.~i ~r ~~ ~F TII1s' p~~ CITY OF YELM ~4ti ~f~ PO Box 479 Yelm WA 98597 / 360-458-3244 z ~Lhz APPLICATION FOR WASHINGTON CHANGE IN ZONING Fee: $1000.00 (In addition, any professional se per Resolution #358) SEP 2 - 2003 OFFICIAL USE ONLY Fee Date Received By File No. zoN-a.~ - ~~y~- y~ ~rvice charges A change in zoning is a request to amend the map or text of the city zoning ordinance. A change will only be approved if it is consistent with the City's comprehensive plan. A change is usually made to provide for different land uses, but a request may also be made to change zoning standards or requirements. Before a rezone is granted, a staff report will be prepared. The Planning Commission will hold a public hearing and will present a recommendation to the City Council. The Council will make the final decision. Rezone application must be submitted prior to March 31, to be eligible for review and consideration in the current year. NAME OF PROJECT tJ~v.~~am~ Tn ~~'~-N ~e,s~oo~- ve9 S /foOL. S APPLICANT CZ/Y! Cr/~~t~nl_ SC o 4 S Mailing Address O cr 1 City, State and Zip ~/E'z~n u1A 9~' S 7' Telephone AGO YS~f G//C~ - OWNER ~ct~ /r! C1c~s ~ ^ r`h+ s.a-~,~ SCt,~~y-G C Mailing Address City, State and Zip ~S/,)~.vres iAs /9~c~/~ Telephone ENGINEER/ARCNITEC /OTHE ~dY/ T!a e T ~~Z c 1'.tf(r /~~?~c c k!~//~ Mailing Address City, State and Zip ~s~ w'9 %~ ~ Telephone ~ ~ t SUMMARY OF REQUEST sf15 i ~v>z.nc~Y ' S ~, Rc'"l~~/~ /V ~ ryrlrtKt'h.1'T' !/S~ /~trT2trn1L°' S6fdzlUJ N.4-yid r~ d-o-+-t> ~/'7ti1nPP~1l A~ 'y~s~,. Y ~ Q M.1 ti~crJ /.Y,. ~T ~M G77.f M T'7-lJ7t~ PROPERTY DESCRIPTION Ge~f]`eral location w"-~-r or' M~~ /2~ Sc ~aYTCr1aR7~J ivv'-T ~~~ S~ /J~vO / 7J-X I~tt c ~ ! SC Site Address iaG o ~ ~izc_ i?~( ~C-- Land Area (acres) X9.99 Section 2S~ Township /?' Range /c- Assessor's Tax Parcel Number 2/725/YD/do Full legal description of subject property (attach separate sheet if necessary ~1-- ,~c :~ .yEC/a T2 3 i~c a -~/yy 2var/S Z E-75 PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY 1. Does the proposed rezone conform with the Yelm Comprehensive Plan? Explain: /2 ~ ~ ~ .G ~th¢/Ze~MGV dJ !J /~S /~ SL'lrYJ SL"7L~T-' 2. Why is a change in zoning appropriate? (Note: Lack of neighborhood objection alone is not a sufficient reason) As ~ansr•~ ~s3rJi/'i.,~ 3. How would the proposed zone change be in the public interest? ~ih[Ji?alttd~ ~'~~ /Cl71ld r>S rT!'-' ~i2~.~[~'J~l'Y~ ;~>BLtZ ~S~A~dL - ~raG ~? [cJ.EZ~ /!Jo r i C /C~jY /z ~ .-~ /'~>"ra /rNa C'lr ~9.Jr~17'rr~-n>.~L ~ ,,~•2d /fit' Sc.~va~ S ~r - 4. Explain how the site is suited to the proposed zoning. (Topography, access, utilities, etc)_ .4 f' ~ ~/ JP~7t7`rr ~clAO TvcY~~ R17TrYtAJ.csrlr' ~~/~c~ylTY u1/9S r E~l7r/J[~7~ d /rrn ^~aTizl~ ~' ~ie~s.rifL CrriS 5. Describe the relationship of this site to neighboring land uses. Stlc~trJZ~,c/ms ~ .Cr~.t!) T .zt- ~ P.s~ l'.a-zznJ Ft1i2 ~ely~arN ~~/ V~-.s~2s 6. Describe means by~yvhich any conflicts with neighboring property could be reduced or avoided. .C.a,>e Sn .v rjru- /7r/i r'^E~7 t Crm ~,e-~' r„ 5 O/= !/~fr~- O7tY"T s~ ~ ~Ti"- /~d~?1YJK1 L cS/1~elrJrf[ [/lC~C ATTACHMENTS: Environmental Checklist (including $150.00 fee). Mail labels (8'/z x11 sheet) of Owners of Property within 300 feet (include Assessor's Tax Parcel Numbers and map.) Map not larger than 11 " x 17" accurately showing: 1. Site proposed for rezone 2. Dimensions of boundaries of rezone 3. Acreage of proposed rezone 4. Current and proposed zoning of site and adjacent property 5. Location of site relative to prominent features (streets, creeks, etc.) Proposed zoning ordinance language changes, if any. I affirm that all answers, statements and information above 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 by the owner to act with respect to this application. Further, I grant permission from the owner to any and all 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 pa all fees of the city that apply to this application. Signed Date /.,~~ dam? E-16 ~~) ~ ~y-~ "3 ~,• S~~ ~l~l" ~~~ wa~wvc-e~ PO Box 479 Yelm WA 98597 360-458-3835 t~OT1CE O~ APPLlGAT10~ Mailed on: September 19. 2003 PROJECT NAME AND LOCATION: Yelm Community Schools RequestforAezone 10605 Mill Road SE, Yelm, WA 98597 LAND USE CASE: ZON-03-8349-YL t~"y 3 ~~ An application submitted by Yelm Community Schools, P.O. Box 476, Yelm, WA 98597, for the above referenced project was received by the City of Yelm on September 2, 2003. The City has determined the application to be complete on September 19, 2003. The application and related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: The rezone request is to change the zoning designation of a portion of the parcel of land that the Yelm School District currently owns from Low Density Residential (R-4) to Institutional District. A portion of the land is currently zoned institutional and developed with the Mill Pond Intermediate School. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: The applicant has submitted application and site plan. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Unifiorm Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, 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 OCTOBER 6, 2003. This notice has been provided to appropriate local and State agencies, and property o~~mers within 300 Beet cf the project site. These recipients, and amy others ~rrho submit a written request to be placed on the mailing list, grill also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice o. Final Decision. if the proposed project requires a City Council decision, it ti^rill be mailed to all these who participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there grill be a 14-day public comment period if an errrironmental determination is issued. Opportunities for appeal occur ~~rrithin twenty one (21) days aver the date the envircnmertal determination is issued. City Council decision can be appealed Through Superor Court Appeals of site plan re~rie~,v decisions maybe filed ~;rithin 14 days of Notice of f=inal Decision. -- x_31 /. -- ~~s ~'..`" ,%'- ;~ f',. W S ~' ~ - 1-` r ~ ~: i INTERMEDIATE SCHOOL N W E S FOX HILL RD SE ~4~ 9~ YEL1V~ WASHINGTON . i i 1 r`~ ^ I ~~--~'~ ~~~~~~ • 10~ Yelm Avenue West P. D. Box 479 Yelm, Washington 9897 (360) 4~8-3244 NOTICE OF PUBLIC HARING YELM PLANNING COMM1SSlON pAy E: i49or3day, ©ctol~er 24, 2003, 4;fl0 p,m, PU,d,CE: Cauncll C~,a; 7bers, Ciy Hall, 105 Yel~n AvA i~V., Yelm WA pDHPpSE: Public Hearing to receive comments regarding a rz~uesi to rezone approximately 12-acres oz Yeltn School District owned property located SOUth`J+1eSt OT the ~rlill Pond lr~terr:~edlate School. Case ~Zg~-fl3-$349-YL APPLlCAN i : Yel~n Comr;~unity Schools pRp~EC ~ LOCATICN: i~~est of lblii! Road, behind ~liiil Pond Intermediate School. The City of Yelm Planning Commission will hold a public hearing to receive comments on the reauest to rezone approximately 12-acres behind Mill Pond Intermediate School. i estlrnor~y may be giver3 at the hearing, or ti~rough written cornmer3ts on the_,proposal, rece9ved by the closz o; the public hearlrlg on ~iionday, ©ctober 20, 2flfl3. Such written comments may be sL]'s~r?~ii ed to the City of Yalrn at the address shown abave, or mailed to the City oa Yelm Cornr3unity DevQlopment Departr;aent, Pfl i3ax 479, Yelm LVA 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. Ai TEST: City of Ye!m J ,- q~; ,, ;~ 6enrlick, Cit;i Clerk DO NOT PU3L1S~ B=LO`r~J T HIS LI`iE P ' ' ;'~,~d i~~ i~;e ~iCt.lu~!iy Vall=='~ Ne :'s: FridGy, October i0, 2003 i~~ it %~~ ~~ ~,v ~~i~l PrJU~r; j~ O'iJi I~~J Gllt~ f OJT,: ~~ III f UvIIv PIC: ~. J. /IC:. ~.. ~ lv , 17rr ~ ilt/ r~(li'Ini i : nn I r~rur! r)J~j~u~1 in~if a ('~r~r~rllrr GRANT BECK DIRECTOR COMMUNITY DEVELOPMENT City o Yelm Planning Commission AGENDA CITY OF YELM PLANNING COMMISSION MONDAY, October 20, 2003 4:00 P.M. YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. WEST 1. Call to Order, Roll Call, Approval of Minutes ~~~ s '` ~ >'`c ~ '~ ~% August 18, 2003, minutes enclosed. /`"~ 2. Public Communications (Not associated with measures or topics for which public hearings have been held or for which are anticipated.) 3. Public Hearings ~g ~~ ~~;~~ Rezone ZON-03-8349-YL -Yelm Community Schools An application to rezone approximately 12 acres of land owned by Yelm Community Schools between Mill Pond Elementary School and the Hawks Landing subdivision from Low Density Residential (R-4) to Institutional District (ID). 4. ~' Othe 5. ~~ Adjourn ,Mrs ~, ~ ~~~ Enclosures are available to non-Commission members upon request. 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 four (4) working days prior to the scheduled event. All Planning Commission meetings are audio taped. For information on obtaining a copy, please call the Community Development Department at (360) 458-3835. Next regular meeting shall be: MONDAY, November 17, 2003 - 4:00 P.M. YELM PLANNING COMMISSION MINUTES AUGUST 18, 2003, 4:00 P.M. YELM CITY HALL COUNCIL CHAMBERS John Thomson called the meeting to order at 4:14 p.m. Members present: John Thomson, Don Carney, Glen Cunningham, Glenn Blando, and E.J. Curry. Staff: Grant Beck, and Tami Merriman Members Absent: Tom Gorman -Excused, Joe Baker, Larry Hansen, and Everette Schirman - Unexcused. Motion No. Approval of Minutes: MOTION MADE BY GLENN BLANDO, SECONDED BY GLEN CUNNINGHAM TO APPROVE THE MINUTES FROM THE APRIL 21, 2003, MAY 19, 2003, AND JUNE 21, 2003 MEETINGS. E.J. CURRY ABSTAINED, MOTION CARRIED. Public Communications: There were no public communications. Public Hearings: No public hearing scheduled. Work Session - GMA Update and Work Program: Mr. Beck discussed the grant funding opportunity to perform the state required Comprehensive Plan Update and Consistency Review, and projected work schedule. Mr. Beck is very optimistic about receiving the grant award. Mr. Beck provided a map and handouts providing an overview of recent development within the City. Other: Mr. Carney informed the Commission that Mr. Steve Chamberlain of the Nisqually Land Trust would like to come to a future planning commission meeting to discuss watershed planning. MOTION MADE BY GLEN CUNNINGHAM, SECONDED BY DON CARNEY TO ADJOURN. MOTION CARRIED, MEETING ADJOURNED AT 5:00 PM. Respectfully submitted, -_ Tami Merriman, Assistant Planner John Thomson, Vice Chair Date Yelm Planning Commission August 18, 2003 Pagc 1 To: City of Yelm Planning Commission , From: Grant Beck, Director of Community Developmen Date: July 14, 2003 Subject: Yelm Community Schools Rezone ZON-03-8349-YL Exhibit I Rezone Application Exhibit II Notice of Application Exhibit III Public Hearing Notice Exhibit IV Site Plan Exhibit V Zoning Map Exhibit VI Aerial Photo Issue Yelm Community Schools has requested the City rezone approximately 12 acres of land that the District currently owns adjacent to and east of the Mill Pond Intermediate School from Low Density Residential (R-4) to Institutional District (I D) in order to allow the construction of a new Junior High School on the property. Background The subject property is approximately 30 acres in area and is located at 10605 Mill Road SE in a portion of the NW '/4 of Section 25, Township 1 North, Range 1 East, W.M. and described as tax parcel number 21725140100. The property is currently occupied by Mill Pond Intermediate School and is split by a zoning district boundary. The western portion of the property, occupied by Mill Pond School,. is zoned Institutional District (ID) while the eastern 12 acres is zoned Low Density Residential (R-4). In 1995, the District applied for a boundary line adjustment along with James and Patricia Forrester and John Huddleston to revise the boundaries of three existing lots. The Districts parcel as it was configured prior to the Boundary Line Adjustment was that portion occupied by Mill Pond School and is currently zoned ID. The Boundary Line Adjustment created a 30 acre parcel split between ID and R-4 zoning. The District purchased the property for use as a school facility. The resolution of the School Board which authorized a limited general obligation bond for the purchase of the property states that 'the acquisition of certain real property is required to serve the needs of the students of the Staff Report Page 1 of 3 District in order to provide the students attending and use the same with adequate, proper, and safe education facilities'. The construction of a new Junior High School on the subject property is part of the Yelm Community Schools Capital Facilities Plan, last updated in May of 2003. The Comprehensive Plan and Zoning Code, including the zoning map, were being updated pursuant to the Growth Management Act during the same time period that the boundary line adjustment was being completed. If the District had purchased the additional property prior to consideration of the updated zoning code map, it is highly likely that the property would have been designated as Institutional at that time. The Institutional District was created to: A. Protect and preserve certain areas of land devoted to existing and future use for civic, cultural, educational and similar facilities; 8. Provide for the social needs of the community as those needs relate to public services, open space and institutions whether publicly or privately owned; C. Enhance the identity and image of the community as a desirable place for human growth and development; D. Provide opportunities and facilities for the various activities and needs of a diverse and dynamic population; E. Provide and protect parks, open space and other natural, physical assets of the community to improve the aesthetic and functional features of the community. [Section 17.48.010 YMC] The Comprehensive Plan establishes the following policies related to Schools and the Institutional District (ID): Provide capacity to accommodate planned growth by assuring that each jurisdiction will have adequate capacity in transportation, public and private utilities, storm drainage systems, municipal services, parks and schools to serve growth that is planned for in adopted local comprehensive plans. [County Wide Planning Policy 2.3.a] Public Institutional/Open Space: Yelm has identified two land use designations or categories which reflect public ownership of the land or land permanently set aside as dedicated open space or critical areas. Public purpose lands which are presently identified are shown on the Future Land Use Map, Map #3. [Section III.b.2.e Comprehensive Plan] The Ye/m School District and the Rainier School District serve the Urban Growth Area. The Rainier School District jurisdiction will be developed in conjunction with the overall plan for the Thurston Highlands` portion of the Southwest Sub-Area. The remaining planning area is within Yelm School District No. 2. That District currently has a high school, a middle school, an intermediate (grades 5-6) school, an alternative high school and three --- - Staff Report Page 2 of 3 elementary schools within Yelm's Urban Growth Area. The Yelm School District has an additional elementary school in Pierce County and approximately 20% of the students live in Pierce County. In 1994, the Yelm School District's growth was 180 students from last year and the District now instructs a total enrollment of 4,000 students. Based on current growth projections, student population will grow by approximately 6,000 students during the next 20 years. All future schools will need to be constructed within Yelm's Urban Growth Area to meet the requirements of utilities and land use. Within the next six years, a new intermediate school and a new elementary school will need to be built. [Section V.C.5 Comprehensive Plan] The State Environmental Policy Act at Section 197-11-600 WAC states that an agency may use existing environmental documents to evaluate proposed actions and environmental impacts of a proposal that is the same or different than those previously analyzed. Further, any agency acting on the same proposal shall use the existing environmental document unchanged except if an agency with jurisdiction is unsatisfied with the DNS, or if there are substantial changes to a proposal so the proposal is likely to have significant adverse environmental impacts. Analysis The Districts Capital Facilities Plan indicates that a new Junior High School is needed to serve the population growth in Yelm, it's urban growth area, and rural lands within the School District boundaries. The Comprehensive Plan identifies the Institutional District as being appropriate for land under public ownership, such as the School District. The City's Comprehensive Plan also notes that new school facilities are needed and should locate within the urban growth area. Had the subject property been acquired by the District prior to start of the Comprehensive Plan update process in the mid-1990's, it is likely that the property would have been designated as Institutional at the time of the update. The proposed rezone is consistent with the policies of the Comprehensive Plan as they relate to both schools and the Institutional District. The Environmental Impact Statement prepared for the adoption of the updated Comprehensive Plan and development regulations in 1995/1996 reviewed the impacts of the various zoning classifications and is being used without modification for this rezone application. Recommendation The Planning Commission should recommend approval of the proposed rezone of approximately 12 acres currently owned by Yelm Community Schools from Low Density Residential (R-4) to Institutional (ID) to the City Council. Staff Report Page 3 of 3 ~,~~,oF 11ii~''~,f CITY OF YEI..Ni ~: f PO Box 479 -~ Yelm WA 98597 360-458-3244 I ELNI APPLICATION FOR WASHINGTON CHANGE IN ZONING Fee: $1000.00 (In addition, any professional se per Resolution #358) SEP 2 - 2003 OFFICIAL USE ONLY Fee Date Received By File No. ZoN-o3 - ~3y~- y~ ~rvice charges A change in zoning is a request to amend the map or text of the city zoning ordinance. A change will only be approved if it is consistent with the City's comprehensive plan. A change is usually made to provide for different land uses, but a request may also be made to change zoning standards or requirements. Before a rezone is granted, a staff report will be prepared. The Planning Commission will hold a public hearing and will present a recommendation to the City Council. The Council will make the final decision. Rezone application must be submitted prior to March 31, to be eligible for review and consideration in the current year. NAME OF PROJECT tJiv.r/~m~zl 7n ~~-/-/ ~e.s~oo~- F ra S ,5rooc. S APPLICANT t/cz/~ L~~~rv./~ S~f/OOC. S __ Mailing Addr se s D u- 1 City, State and Zip /~'z~ WA 9d' S 7' Telephone AGO • YS'tY• G //!o OWNER t/tom /~'7 t?cr~ rn ohs s~--~/ ~@~oCT[. C Mailing Address City, State and Zip ~Sq-ivtcl /45 ~'l~c~/~ Telephone ENGINEER/ARCHITEC /OTHE ~dYJT7q Q T ~~Z c.t-,t~(t- /~??/2 C /9N/, Mailing Address City, State and Zip C'zsn Gc/X1 9b~ f Telephone ~GC9 - c/ ~ ~ /T ~ SUMMARY OF REQUEST %s-/r5 /~i'tc~P ~ Ty ~ch~.~2o-7i!%~ ~/_ ~%S clSL-'71 .4S /~ ~5C/~v v L ~r-azs ~ r~?z c s~v~y .r'"~y ~ ~n~.zzi~?9~ ' Q s S~~ N " ~yaz~r _ ~mrv~vrv~~i .,r < _ < '~ -~ ••,-r 'ter- /n ~T/ /¢T TT /~rr IQCr2l~A~[r~~ %!~ .tT-S ~~ K H- tJSET !?[rT20~1LP SsfvzluJ N.4-src~ ~ ~o-~-~ ~ltlrlnP_Pr~?l i~-% ~iGJ' 07= /QrI~Z~.ScvSGr /-~-r/Z1 ~iM StX ~/'L? T.~1rt1 . PROPERTY DESCRIPTION General location ~•yssr o>= M.rz~ /2~ Sc i3o-~rcJdtTJ ivy'-=/-~~~-5~ /1~vb PiJ~x f1^ - i21 SC Site Address /oG o ~ ~/'/rzc /1~(. sC"- Land Area (acres) 29.9 9 Section 2,5~ Township /> Range /~ Assessor's Tax Parcel Number 2/72S/YOloo Full legal description of subject property (attach separate sheet if necessary PT Nc-'~ NK/a ?rz 3 ~C/f -7r'/Y'/ 2YOY/~ ~' E-15 PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY 1. Does the proposed rezone conform with the Yelm Comprehensive Plan? Explain: /Oi2J[+c~2%v -L~ L~yreJ2d~-cV YJc~iJ ~s ~ SelfvVL S.c"7Z~- 2. Why is a change in zoning appropriate? (Note: Lack of neighborhood objection alone is not a sufficient reason) As ~ans~-r~ .r' 3. How would the proposed zone change be in the public interest? ~[lxl7~'~trtd~ ~i~.d7C6Y l~sN~ str ~ /~.2d~~ler-v .. l~t~cs"'~ ~'a.~o~. - ~d~cs~ ~.~z~ ,/V o T /Se /CITY /.~xc'z~ .-[ ~ ~sa A.~ra c~~- /9.Jr~l7zYI~'.¢ ~ L~.2d /~a'yU'~~'r~yi .Sc~yoL Sa-r~- 4. Explain how the site is suited to the proposed zoning. (Topography, access, utilities, etc)_ ,r[~- .4 ~ cc~ 2J Tt A ~ [` E'~17r/rl .4n/Trn ~i4 I~,. !~. S ra,yrJV ~ Cfr.,r 5. Describe the relationship of this site to neighboring land uses..f~~+dz~~s~~ .C~4iJ) r s CS' .C'S ~-l~J P-' T rr ~r1 C~.~ ~ F~J~2 L- c esye~n.~ C[~ ~/~„c 6. Describe means by hich any conflicts with neighboring property could be reduced or avoided. .~4ti~e Cn R rJN~ ~[//~iE`F~, [7vt ~,6"1~.L2T~J9 O/"~ l~csf~" D7l7Tt'~J fr''- !T/` ~[M~J+4 L Sn.u~nrr ~crfyr'S ATTACHMENTS: Environmental Checklist (including $150.00 fee). Mail labels (8'/2x11 sheet) of Owners of Property within 300 feet (include Assessor's Tax Parcel Numbers and map.) Map not larger than 11 " x 17" accurately showing: 1. Site proposed for rezone 2. Dimensions of boundaries of rezone 3. Acreage of proposed rezone 4. Current and proposed zoning of site and adjacent property 5. Location of site relative to prominent features (streets, creeks, etc.) Proposed zoning ordinance language changes, if any. I affirm that all answers, statements and information above 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 by the owner to act with respect to this application. Further, I grant permission from the owner to any and all 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 pa all fees of the city that apply to this application. Signed Date / , ~<.a~ Zd~ d ~ E-1G V ~_~ ~ ,~ '~r ~. ~~~~ wa~Ft v ~z~ PO Box 479 Yelm VVA 98597 360-458-3835 :.; - - t~ - NO~'i~E OP Ai3i3LiCATiOi~ Mailed on: September 19. 2003 PROJECT NAME AND LOCATION: Yelm Community Schools Request for Rezone 10605 Mill Road SE, Yelm, WA 98597 LAND USE CASE: ZON-03-8349-YL An application submitted by Yelm Community Schools, P.O. Box 476, Yelm, WA 98597, for the above referenced project was received by the City of Yelm on September 2, 2003. The City has determined the application to be complete on September 19, 2003. The application and related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: The rezone request is to change the zoning designation of a portion of the parcel of land that the Yelm School District currently owns from Low Density Residential (R-4) to Institutional District. A portion of the land is currently zoned institutional and developed with the Mill Pond Intermediate School. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: The applicant has submitted application and site plan. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City ofi Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm, WA 98597 (360) 458-3835. 7HE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON OCTOBER 6, 2003. This notice has been provided to appropriate local and state agencies, and property o~rmers within 300 fleet o. the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items vrhen available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice o. Final Decision. It the proposed project requires a City Council decision, it will be mailed to all those ~;~ho participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there will be a 14-day public comment period if an environmental determination is issued. -0pportunities fer appeal occur vrthin t~r~enty one (21) days after the date the em~ircnmenial dQtermination is issued. City Council decision can be appealed through Superior Court. Appeals of sita plan revie~;1 decisions maybe filed within 14 days of Notice of Final Decision. _ - - ..a `~ps~ -. _- --_,__ Y _~S / ,~' :~ /i. ~ ,~ QN i L1. i - J ~ ~- ~. _ j 3 S 1 AVM S ~ .-~ i = i N W c S FOX HILL RD SE Of TH~~~~ ® ~~~~~~ a ~ 10~ Yelm Avenue West " _= P.O. Box 479 ~~~'~ Yelm, Washington 98.597 WASFiiNGTON (360) 4~8-3244 NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION pAT L: l~ilonday, ©ciol~2r 20, 2903, 4:a0 p.m. pI~CE; Cauncil Cha n~bers, City Hall, 1D5 Yelrn Ave tiV., Yeln~ V~lA PUPPflS'=: Public Haar9ng #o recQive cammen#s regarding a ra~u2sl: #o rezone approximately 12-acres o. Yelm School District owned property loco#ed southwest or the Mill Pond Internedia#e School. Case ~~fl~-83-8349-YL AP~'LICA~T: Yelrr~ Comrn~:ni#y Schools PRfl~lBC~' LflCAZ3fll`l: V~~est of 141iiil Road, bzl~ind ~Ilili Pond Intermzdiate School. The City of Yeim Planning Commission will hold a public hearing to receive comments on the request to rezone approximately 12-acres behind Mill Pond Intermediate School. i estirnony nay be given at the hearing, or through wri#ten corr~ments on the propos 1, received'cythe close o'i the public hearing ors ~i#flnday, ©ciobsr 29, 2L83. Suci~ wrii~an ccnmen#s nay be subrraitied #o the City of Yelm at the address shown above, or mailed to tlia Ci#y of Yeirn Cornrnur3i#y Developmer~# Departrraer3t, PO Sox 479, Yeln LVA 98597. Any related documents are available for public review during normal business hours at the City ofi Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please contactTami 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. Aiii EST: City of Yelm _;, Agnes Benr~icK, Ci~~ lerr; DO NOT PUE>_!S i BE'_O~r•i THIS U`i'~. Pu`~,~~`'~ed in t~'~ ~iis~ua!iy'~./vli~•r `10 ~r~: Friday. October 10; 2003 (r~~, " '~~'~~ `/` h'•~''GC,,, IL PrJu ~r it O',~h ...rJ G'~Id ~OJI:J'C III PUbIIC PiGC :J. OCl!J ~1~i ~, Lr'V v. I'iic:; v~,~ W , (7n• Gilt/ n(li•lrn is rrrr (r(nrrl f >l-1an trrtrif a f'rr~~irlrr / ~~f T~A~ YELM ~ w~-sN~Na~roN City of Yelm Planning Commission AGENDA CITY OF YELM PLANNING COMMISSION MONDAY, October 20, 2003 4:00 P.M. YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. WEST Call to Order, Roll Call, Approval of Minutes August 18, 2003, minutes enclosed. 2. Public Communications (Not associated with measures or topics for which public hearings have been held or for which are anticipated.) 3. Public Hearings Rezone ZON-03-8349-YL -Yelm Community Schools An application to rezone approximately 12 acres of land owned by Yelm Community Schools between Mill Pond Elementary School and the Hawks Landing subdivision from Low Density F~esidential (R-4) to Institutional District (ID). 4. Other 5. Adjourn Enclosures are available to non-Commission members upon request. 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 four (4) working days prior to the scheduled event. All Planning Commission meetings are audio taped. For information on obtaining a copy, please call the Community Development Department at (360) 458-3835. Next regular meeting shall be: MONDAY, November 17, 2003 - 4:00 P.M. YELM PLANNING COMMISSION MINUTES AUGUST 18, 2003, 4:00 P.M. YELM CITY HALL COUNCIL CHAMBERS John Thomson called the meeting to order at 4:14 p.m. Members present: John Thomson, Don Carney, Glen Cunningham, Glenn Blando, and E.J. Curry. Staff: Grant Beck, and Tami Merriman Members Absent: Tom Gorman -Excused, Joe Baker, Larry Hansen, and Everette Schirman - Unexcused. Motion No. Approval of Minutes: MOTION MADE BY GLENN BLANDO, SECONDED BY GLEN CUNNINGHAM TO APPROVE THE MINUTES FROM THE APRIL 21, 2003, MAY 19, 2003, AND JUNE 21, 2003 MEETINGS. E.J. CURRY ABSTAINED, MOTION CARRIED. Public Communications: There were no public communications. Public Hearings: No public hearing scheduled. Work Session - GMA Update and Work Program: Mr. Beck discussed the grant funding opportunity to perform the state required Comprehensive Plan Update and Consistency Review, and projected work schedule. Mr. Beck is very optimistic about receiving the grant award. Mr. Beck provided a map and handouts providing an overview of recent development within the City. Other: Mr. Carney informed the Commission that Mr. Steve Chamberlain of the Nisqually Land Trust would like to come to a future planning commission meeting to discuss watershed planning. MOTION MADE BY GLEN CUNNINGHAM, SECONDED BY DON CARNEY TO ADJOURN. MOTION CARRIED, MEETING ADJOURNED AT 5:00 PM. Respectfully submitted, Tami Merriman, Assistant Planner John Thomson, Vice Chair Date Yelm Planning Commission August 18, 2003 Page 1 ~o~ T~A~ STAFF REPORT City of Yelm Community Development Department YELM ~ w~aM~»o~roM To: City of Yelm Planning Commission From: Grant Beck, Director of Community Developmen Date: July 14, 2003 Subject: Yelm Community Schools Rezone ZON-03-8349-YL Exhibit I Rezone Application Exhibit II Notice of Application Exhibit III Public Hearing Notice Exhibit IV Site Plan Exhibit V Zoning Map Exhibit VI Aerial Photo Issue Yelm Community Schools has requested the City rezone approximately 12 acres of land that the District currently owns adjacent to and east of the Mill Pond Intermediate School from Low Density Residential (R-4) to Institutional District (ID) in order to allow the construction of a new Junior High School on the property. Background The subject property is approximately 30 acres in area and is located at 10605 Mill Road SE in a portion of the NW '/4 of Section 25, Township 1 North, Range 1 East, W.M. and described as tax parcel number 21725140100. The property is currently occupied by Mill Pond Intermediate School and is split by a zoning district boundary. The western portion of the property, occupied by Mill Pond School, is zoned Institutional District (ID) while the eastern 12 acres is zoned Low Density Residential (R-4). In 1995, the District applied for a boundary line adjustment along with James and Patricia Forrester and John Huddleston to revise the boundaries of three existing lots. The Districts parcel as it was configured prior to the Boundary Line Adjustment was that portion occupied by Mill Pond School and is currently zoned ID. The Boundary Line Adjustment created a 30 acre parcel split between ID and R-4 zoning. The District purchased the property for use as a school facility. The resolution of the School Board which authorized a limited general obligation bond for the purchase of the property states that `the acquisition of certain real property is required to serve the needs of the students of the Staff Report Page 1 of 3 District in order to provide the students attending and use the same with adequate, proper, and safe education facilities'. The construction of a new Junior High School on the subject property is part of the Yelm Community Schools Capital Facilities Plan, last updated in May of 2003. The Comprehensive Plan and Zoning Code, including the zoning map, were being updated pursuant to the Growth Management Act during the same time period that the boundary line adjustment was being completed. If the District had purchased the additional property prior to consideration of the updated zoning code map, it is highly likely that the property would have been designated as Institutional at that time. The Institutional District was created to: A. Protect and preserve certain areas of land devoted to existing and future use for civic, cultural, educational and similar facilities; B. Provide for the social needs of the community as those needs relate to public services, open space and institutions whether publicly or privately owned; C. Enhance the identity and image of the community as a desirable place for human growth and development; D. Provide opportunities and facilities for the various activities and needs of a diverse and dynamic population; E. Provide and protect parks, open space and other natural, physical assets of the community to improve the aesthetic and functional features of the community. [Section 17.48.010 YMC] The Comprehensive Plan establishes the following policies related to Schools and the Institutional District (ID): Provide capacity to accommodate planned growth by assuring that each jurisdiction will have adequate capacity in transportation, public and private utilities, storm drainage systems, municipal services, parks and schools to serve growth that is planned for in adopted local comprehensive plans. [County Wide Planning Policy 2.3.a] Public Institutional/Open Space: Yelm has identified two land use designations or categories which reflect public ownership of the land or land permanently set aside as dedicated open space or critical areas. Public purpose lands which are presently identified are shown on the Future Land Use Map, Map #3. [Section III.b.2.e Comprehensive Plan] The Yelm School District and the Rainier School District serve the Urban Growth Area. The Rainier School District jurisdiction will be developed in conjunction with the overall plan for the Thurston Highlands' portion of the Southwest Sub-Area. The remaining planning area is within Yelm School District No. 2. That District currently has a high school, a middle school, an intermediate (grades 5-6) school, an alternative high school and three Staff Report Page 2 of 3 elementary schools within Yelm's Urban Growth Area. The Yelm School District has an additional elementary school in Pierce County and approximately 20% of the students live in Pierce County. In 1994, the Yelm School District's growth was 180 students from last year and the District now instructs a total enrollment of 4,000 students. Based on current growth projections, student population will grow by approximately 6, 000 students during the next 20 years. All future schools will need to be constructed within Yelm's Urban Growth Area to meet the requirements of utilities and land use. Within the next six years, a new intermediate school and a new elementary school will need to be built. [Section V.C.5 Comprehensive Plan] The State Environmental Policy Act at Section 197-11-600 WAC states that an agency may use existing environmental documents to evaluate proposed actions and environmental impacts of a proposal that is the same or different than those previously analyzed. Further, any agency acting on the same proposal shall use the existing environmental document unchanged except if an agency with jurisdiction is unsatisfied with the DNS, or if there are substantial changes to a proposal so the proposal is likely to have significant adverse environmental impacts. Analysis The Districts Capital Facilities Plan indicates that a new Junior High School is needed to serve the population growth in Yelm, it's urban growth area, and rural lands within the School District boundaries. The Comprehensive Plan identifies the Institutional District as being appropriate for land under public ownership, such as the School District. The City's Comprehensive Plan also notes that new school facilities are needed and should locate within the urban growth area. Had the subject property been acquired by the District prior to start of the Comprehensive Plan update process in the mid-1990's, it is likely that the property would have been designated as Institutional at the time of the update. The proposed rezone is consistent with the policies of the Comprehensive Plan as they relate to both schools and the Institutional District. The Environmental Impact Statement prepared for the adoption of the updated Comprehensive Plan and development regulations in 1995/1996 reviewed the impacts of the various zoning classifications and is being used without modification for this rezone application. Recommendation The Planning Commission should recommend approval of the proposed rezone of approximately 12 acres currently owned by Yelm Community Schools from Low Density Residential (R-4) to Institutional (ID) to the City Council. Staff Report Page 3 of 3 (6. ~~ ~ ~F ~'t,t. ,,~~r~ CITY OF YELM ~ PO Box 479 i, ^ Yelm WA 98597 /- 360-458-3244 ~~,~ APPLICATION FOR WASHINGTON CHANGE IN ZONING Fee: $1000.00 (In addition, any professional se per Resolution #358) SEP 2 - 2003 OFFICIAL USE ONLY Fee Date Received sy File No. 7oN-a3 - k~y~- yl_ rvice charges A change in zoning is a request to amend the map or text of the city zoning ordinance. A change will only be approved if it is consistent with the City's comprehensive plan. A change is usually made to provide for different land uses, but a request may also be made to change zoning standards or requirements. Before a rezone is granted, a staff report will be prepared. The Planning Commission will hold a public hearing and will present a recommendation to the City Council. The Council will make the final decision. Rezone application must be submitted prior to March 31, to be eligible for review and consideration in the current year. NAME OF PROJECT e~iv.~~.n~ lie I`/2-G-R/ ~G~.~/oOL- F n4 S Hoag APPLICANT yCZ/Y! L~drrn~r~./m/ SCNOO~. S Mailing Address u- 7 City, State and Zig %6 GH~! WA 9d~ S 7' Telephone ~~O • YSIY G //<o OWNER t/ct2 /~? ~ m c rtii SCtfay-L C Mailing Address City, State and Zip S/+n~cs i4s /9~d1/"6- Telephone ENGlNEER/ARCHITEC /OTHE ~dY! 7~9 Q T ~~? c .L-•t1lr /~ri?K G ~9~t//~ Mailing Address City, State and Zip C-'zsvr (.c/K! S~ ~ Telephone l~GC9• c/ ~ Co/?~ SUMMARY OF REQUEST T.tS %~x ,N -~ Tv ~v~n~; L ~~`s' r1SGst~ s~s__~_. tr rJ,t/l~7J v mil` /?Yirl~ O/'='" ~~.aso /-f-rya ~ r.,1 PROPERTY DESCRIPTION Ge~R eral location G9ss~- of= /YJrcc. F2cQ SeT 13otTWb'Tr7U iyy'-T ~~~ S~ R~v~ /'r1x wiz f2 ! S~ Site Address /oG o ~ /htzc /jam( 3'C-' Land Area (acres) 24.9 4 Section 2S' Township /> Range /r Assessor's Tax Parcel Number 2/725'/YO/Oo Full legal description of subject property (attach separate sheet if necessary A7' ~v~`~ tikes T2 3 i~t ~ -ivy 2voy/S ~ E-15 PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY 1. Does the proposed rezone conform with the Yelm Comprehensive Plan? Explain: lOi2Jpcryt~C .L't L~y~erteti/~t./ YJc~'c~ ~-s ~ SC/>~i Ss~7~T 2. Why is a change in zoning appropriate? (Note: Lack of neighborhood objection alone is not a sufficient reason) As ~~nsrr~ As4r»'r,~ 3. How would the proposed zone change be in the public interest? /CCTJ ~ ~L /1J C /1. -' ~- ~ ~ L scr~va~ S T~ - 4. Explain how the site is suited to the proposed zoning. (Topography, access, utilities, etc)_ rr~- r c~ J r9 7 T .t~iv .O Irrn rv~aTr~.lr ~ S fUL C~/n'.r 5. Describe the relationship of this site to neighboring land uses..Sisc~eJz~~s~ .Cie!) ~.L-f GIJ~f~1-.d77lLJ FDS2 L~Gel~YiO'AJ ~re' t/r-~2S 6. Describe means by,~hich any conflicts with neighboring property could be reduced or avoided. .Cu•ve S/! R /.~N" /~l e~i r-`e~-7[ <' ~«nel w-s'~-tta~ J r3/'" d~tr,~- a7lT'~~"D tom" tJ-~ /~Jl'1yY1Kt [~5ir.~tr~tr j S ATTACHMENTS: Environmental Checklist (including $150.00 fee). Mail labels (8 Yz x11 sheet) of Owners of Property within 300 feet (include Assessor's Tax Parcel Numbers and map.) Map not larger than 11 " x 17" accurately showing: 1. Site proposed for rezone 2. Dimensions of boundaries of rezone 3. Acreage of proposed rezone 4. Current and proposed zoning of site and adjacent property 5. Location of site relative to prominent features (streets, creeks, etc.) Proposed zoning ordinance language changes, if any. I affirm that all answers, statements and information above 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 by the owner to act with respect to this application. Further, I grant permission from the owner to any and all 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 tea all fees of the city that apply to this application. Signed Date ~~ o.~ E-16 ~~~~~>' ~~~ ~s ~ ~~~ wa~NiNC~N CITY O~ YEL11~ PO Box 479 Yelm WA 98597 360-458-3835 °, ;~ ~ _ NOTICE OF APPLICATION Mailed on: September 19 2003 PROJECT NAME AND LOCATION: Yelm Community Schools Request for Rezone 10605 Mill Road SE, Yelm, WA 98597 LAND USE CASE: ZON-03-8349-YL r r` ~~ An application submitted by Yelm Community Schools, P.O. Box 476, Yelm, WA 98597, for the above referenced project was received by the City of Yelm on September 2, 2003. The City has determined the application to be complete on September 19, 2003. The application and related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: The rezone request is to change the zoning designation of a portion of the parcel of land that the Yelm School District currently owns from Low Density Residential (R-4) to Institutional District. A portion of the land is currently zoned institutional and developed with the Mill Pond Intermediate School. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: The applicant has submitted application and site plan. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination ofi consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, 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 OCTOBER 6, 2003. This notice has been provided to appropriate local and state agencies, and property owners within 300 feet of the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there will be a 14-day public comment period if an environmental determination is issued. Opportunities for appeal occur within twenty one (21) days after the date the environmental det?rmination is issued. City Council decision can be appealed through Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final Decision. ,; ~ ~--. ~.~- ~ `cam ~~ THEp~~ ~ 1 ~~ ~~~~ ~~ Ip ~ ~ ® ~~ C a ~+ 10~ Yelm Avenue West P.O. Box 479 YELMGTON Yelm, Washington 9897 (360) 4~8-3244 NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION DATE: i~9onday, ©ctober 2t3, 2Q03, 4:fl0 p.m. pLACI=; Council Chambers, City Hall, 145 Yelm Ave W., Yelm WA p~RPpSE: Public Hearing to recQive comments regarding a request to rezone approximately 'I2-acres oT Yelm School District owned property located southwest ofi the111ii1 Pond Intermediate School. Case #ZOl~I-~33-8349-YL APPLICANT: Yelm Comn~ur~ity Schools PROJI=C'i• LaCA-ti®I~: V'~est of MITI Road, behind ~iIII Pond Intermediate School. The City of Yelm Planning Commission will hold a public hearing to receive comments on the request to rezone approximately 12-acres behind Mill Pond Intermediate School. Testimony may be given at the hearing, or through written comments on the proposal, received 'oy the closz o~ the public hearing on Monday, Dctober 2fl, 2l;fl3. Such written conmer3ts may be sui~mitted to the City of Yelm at the address shown above, or mailed to thie City of Yelm Cornrr3unity Development Department, 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. AiiEST: City of Yelm ;~. ~ ~ ;. . A,gnes~ennick; City Clerk DO i~JOT PUBLIS'r~ BEL 0~''~! THIS LINE Published ir. the T`lisqually Valley Ne'.~s: Friday, October 10, 2003 N1ail?d to Adjacent Property Otivners and Posted in Public Places: October 8. 2003. ~I7ic~ Citi~ of li~!»r i~, rrn Ccjual Oi~pin turirfi~ Pro~~i~Icr ~,~. ~ - - ~ _..i ~o } wh . '`~ -.F i~ - Q ~~.~~ ~__. ~ -. ~-~ ~ ~ ,, 9 ~. , ~_ c. , .. _. , --- ~~ ..._.. f ~..~ .....:~~ } ~ i ~ ~ I i ~ _. i ~ i d _ ~tl1 ..,. _~ _ ~` , _. . ~ ~m.~.___._..._._.._ _ t 2 F -~ .W~ >~ ,~ Q k _.___. ~ o° ~° ~ ~ ,tl ~ ~., ~ rf ~ .,,f O I '~ rl; 0. _-- .~°" a ;, y ._. _ ___- ,~` ' ~ ~ '" 0 1~ V yi \ ~ ` ~ ~ pp I i -~~` ~ Q 4~~ ^, ~ ~ ~: _ t i ~° ,~ LL,, -, __ ~~~ ~E. ~ ~ _. *., ~ :~ 0~ '~`' 8 w ` 4 vl Lid \\\ ~ _. ~~ ~ \: .. .. ..: F~~ .. . \~, ~~:~ .........: . .... ::::......::::.::.:... . .~ ... ... ..:.: ........... ................. ,~ o a. o: w :~~ _ ~: Q:;:•...::.:.~.~., .~.~:::.:.:.:~:::.:.. .::~.~ H, :. ~ ~ ~ . ~ ~ c ~~'' ~ A ~' ~ o ~ ~~° ~ }. ,.,. ~ a ~ '~ ° ~ w a, .~ ~ ~. ~~~ ~.~ ~~ :. ~ .4 ~, :.~.:nf .:~~ ~_ ~ ~ _ ~~ - ~ ~ x ~~ ~~ YELM WASHINGTON City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION DATE: Monday, October 20, 2003, 4:00 p.m. PLACE: Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA PURPOSE: Public Hearing to receive comments regarding a request to rezone approximately 12-acres of Yelm School District owned property located southwest of the Mill Pond Intermediate School. Case #ZON-03-8349-YL APPLICANT: Yelm Community Schools PROJECT LOCATION: West of Mi11 Road, behind Mill Pond Intermediate School. The City of Yelm Planning Commission will hold a public hearing to receive comments on the request to rezone approximately 12-acres behind Mill Pond Intermediate School. Testimony may be given at the hearing, or through written comments on the proposal, received by the close of the public hearing on Monday, October 20, 2003. Such written comments may be submitted to the City of Yelm at the address shown above, or mailed to the City of Yelm Community Development Department, 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 ~, ~ l Agne ennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, October 10, 2003 Mailed to Adjacent Property Owners and Posted in Public Places: October 8, 2003. The City of Yelm is an Equal Opportunity Provider ~~1~~ ~ ~ ~G.~ Rp'.SQLUTION' N'O. 03-23-95-02 A RESOLYJTION OF THE BOARD OF DIRECTORS OF ~t'EI1VI COAZMUNITY SCHOOL DISSTRICT NO. 2, TIi.URSTON AND PIERCE COUNI'IF.S, WASHINGTON, AUTHORIZING THE LSSUANCE OF I.IlVII'I'ED GENERAL OBY.YG~ATYON BONDS OF TDE DISTRICT IN A PIt,INCYPAL AMOUNT OF NOT TO EXCEED $11,000 TO PAY THE COSTS OF PURCHASING CERTAIN REAL PROPERTY; PROVIDING THE DATE, FORM, MATriRI'I'IES, INTF~tES~ RATE, TERMS AND COVENANTS OF SAID BONDS; PROVIDING FOR REGISTRATION AND AUTHENTICATION OF THE BONDS; PROVIDING FOR THE PAYMENT OF BOTH PRINCIPAL OF AND I]vTEREST ON TIIE BONDS; PROVIDYNG FOR DF~(7iSYTS INTO CERTAIN F[JNDS AND ACCOUNTS; AiJTHOR,IZING EXECUTION OF A, CERTIFICATE ESTABLI,SHIl~'G ANA DETERMI1CtIlgG TERMS RELATING TO TDE BONDS; AUTHORIZING THE SAYE OF THE BONDS AND THE EXF,CU1'ION OF A PURCHASE CONTRACT ON BEHALF OF THE DISTRICT WITfI RESPECT TO THE BONDS; PROVIDING CERTAIN COVENANTS WITH RESPECT TO CF.RTA~T TAX PROvISYOIVS; AND PROVroIrvG FOR OTHER mrATTE~s PROPERLY RELATING T~=RE'['O YEI~Vi CONYMYJNITX SCHOUL DISTRICT N0.2 Thurston and Pierce Counties, Washington LIlVIITED GF,1'1TFRAL OBLIGATION BONDS, SERIES 1995B PRINCIPAL AMOUNT OF NOT TO EXCEED ~-190,U00 BE T.C RESpLVEb BY THE BOARb OF DIRECTORS OF YELN1 C0117MUNTTY SCHQOL DISTRICT NO.2, as follows: VVHEREA5, Yelm Community School District No. 2, Thurston and Pierce Counties, Washington (the "District"), is a first-class school district duly organized and existing under and by virtue of the Constitution and the laws of the State of Washington; WHEREAS, the acquisition of certain rests property is required to serve the needs of the students of the District in order to provide the students attending and using the same with adequate, propex and safe education facilities; WHF1tF.,AS, in order to provide funds to acquire such real property, the Board of Directors of the, Uistcict (the "Board") has deemed it necessary and advisable that the ~-~w.~a~ ~i T~0 ~d 8~1~ 8'~~ 09~ .~~ Xd~ S'IC~OH~S 'WWO~ W'I~~ ~Id Q~~~O ~~~1~~'0~/d~S/~OOZ District issue and sell its limited general obligation bonds in the principal amount of not to exceed $190,000; WHE~IFAS, the District is authorized and empowered by chapters 28A.530, 39.36 and 39.46 RCW, to issue, sell and deliver its fimited general obligation bonds for purchasing any real or personal property, or ~ property rights, in connection with the exercise of any powers or duties which the District is now or hereafter authorized to e7CerCiSe; WT~REAS, the Board understands that authotxzation to issue limited general obligation bonds does trot create an additional source of revenue; WHEREAS, the District has determined that it will have sufficient revenue to repay principal of and interest an the bonds herein authorized to be issued as each shall become due; VVH£atEAS, chapter 39.46 RCW authorizes the District to sell its bonds at a negotiated sale without the giving of prior notice thereof; and WHEREAS, the bonds herein authorized to be issued, together' with all other non- voted debt heretofore authorized by the Board, do not etcceed the District's limitation of indebtedness prescribed by RCW 39.36.020{3); NOW, TH~RFF'ORE, IT 1S HEREBY FOUND, DETERM[NED AND ORDERED, as follows: Section f: DEFII~I~'~UNS As used in this resolution, the woxds herein have the meanings provided in this Section 1. Words of the masculine gender shall be deemed and construed to include correlative woxds of the feminine and neuter genders. Words imparting the singular number shall include the plural numbers and vice-versa, unless the context shall otherwise dictate. Acquisition or ui includes the opening, Laying out, establishment, purchase, constriction, securing, installation, reconstruction, lease, condemnation, transfer, option to purchase, other contract, pr other acquirement, including any gift or grant from the federal government, the State of Washington, any public body therein or any person or entity, or any combination of the above. Board shall mean the Board of Directors of the District as the same small be duly and regularly constituted from time to time. -2- ~.~~ ~~ SGi~ 8~~ oa~~ ~~rs ~d~ - --.--... ~Zr~o~~s 'wwa~ w~~~ ~~ o~~~o ~~n~~0~~~~s!~oo~ shall mean any of the herein authorized series of bonds designated "Yelm Community School District IV"o. Z Limited General Obligation Bonds, Series 19958" and issued in the aggregate principal amount of not to exceed $190,000. Bond Counsel shall mean Perkins Coie of Seattle and Spokane, Washington, ox its successor in function, if any. Bond__ gym shall mean the registration records of the District, maintained by the Registrar, on which shalk appear the names and addresses of the Registered Owners of the • Bonds. vital Proj~Cts Fund sha11 mean the "Yelm Community School District No. 2 Capital Projects Fund" created by chapter 28A.320.330 RCW, and referred to in Section 7 of this Resolution. ~•osts of the P'roj~, or any phrase of similar impart, shall mean all or any part designated by the Board as costs of the Project, or interest therein, which costs, at the option of the Board, may include all or any part of the incidental costs pertair-ing to the Project, including, without limitation: (1) the costs of making surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries; (2) the costs of appraising, printing, estimates, adwive, services of engineers, architects, financial consultants, attorneys-at law, clerical help, or other agents or employees; (3) the costs of contingencies; w (4) the costs of discount on the Bonds, if any, and the costs of issuance, registration and authentication of the Bonds; (5} the Acquisition costs of any properties, rights, easements, ar other interest in properties, or any licenses, privileges, agreements and franchises; and (6) akl other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Board. Debt Service Find shall mean the "'Y'ekm Community School District No. 2 Debt Service Fund" heretofore created by RCVI-' 28A.320.330, and referred to in Section 8 of this Resolution. Dis shall mean the 'Yelm Community School District No. 2, Thurston and Pierce Counties, Washington, afirst-ckass school district duty organized and existing under and by virtue of the Constitution and laws of the State of Washington. -3- ...... _. _.. ...... ....._..._.,.w~~----...... __...._ ..__._..._...~ X00 'd SGi9 89~ 090 '~l~ X~d ~ZOOHOS 'WW00 WZH,~ Udd 0000 dI1~;`00/d~S/000Z Genera Fund shall mean the "Yelm Community School District Na. 2 General Fund," created by RCW 28A.320.330, ~ referred to in Section $ of this Resolution. LGO Acca~nt shall mean the "Yelm Community School District No. 2 Limited General Qbligation Debt Service Account" created in the Debt Service Fund to account for money to pay the principal of and interest on limited genexal obligations of the District, and referred to in Section $ of this Resolution. in shall mean, when used with reference to the Bonds, as of any particular date, all Bonds which have been issued, executed, authenticated and delivered under this Resolution e~ccept (1) Bonds canceled because of payment, and (2) any Bond {or portion thereof for the payment of which there has been money separately set aside and held for the payment thereof. - ~~sident shall mean the President of the Board of Directors of the District, or any presiding officer or titular head of the Board of Directors, or her successor in functions, if ar~y. Project shall mean the undertaking of Acquiring certain reai property described in Section 2 hereof. ~?~,~ shall mean tl".S. Bank of Washington, National Association, o£ Seattle, Washington or its successor in function if any. rid Uwner shall mean the person whale name and address shall appear on the Bond Register maintained by the Registrar, as the owner o£ a specific Band. iRe~ stray shall mean the Washington State Fiscal Agent, in Seattle, Washington, and New York, N"ew York, ar their successors in functions, as now or hereafter designated. " Resolution shall mean this resolution, adopted by the Board of the District on March 23, 1995, authorizing the issuance, sale and delivery of the Bonds. re shall mean the Secretary of the Board, ox other officer of the Board who is the custodian of the records of the proceedings of the Board, or his successor in functions, if any. Treasurer shall mean the Thurston County Treasurer, as ex officio Treasurer of the District, or his successor in functions, if any. -4- i n Z: TgE p'RC7-~CT A. Pro" D ri do . The Bonds are being issued to provide the funds necessary for the Acquisition of certain real property for District purposes, which is more particularly described as follows: {1) 12 acres adjacent to Mill Pond Intermediate School, Y'e1m Community School District No. 2; {2) adrninistaative costs, legal fees, financial adviser fees and all other Costs of the Project incidental thereto. Said real property is to be more fully described in the specifications prepared by and on file with the District. If in the opinion of the Board the needs of the District change in a manner that results in a circumstance whereu- any portion of the above-referenced property Acquisition is not required, the Board retains the right not to purchase such property and to reallocate the money originally contemplated therefor to other Acquisitions of property, or property rights, deemed more necessary by the Board and authorized by law. B. Mod'fi~ons. The District may make alterations or modifications in the • Project so Tong as such alterations or modifications do not significantly alter the Project. C. is of Fro' The total Costs of the Project are estimated not to exceed $300,000, a portion of which shall be paid from the proceeds of the Bonds authorized hereut. The balance, if any, will be paid from any other legally available funds of •the District. D. Additional Funds. In the event there aze Bond proceeds remaining after the Acquisition of property set forth in Section 2 A above has been completed, the Board retains the right to acquire additional property, or property rights with the Bond proceeds, as found necessary by the Board and authorized by law. Sectian~: LAVIYTED GENERAL OBLIGATION BONDS AU'I~ORIZED Limited general obligation bonds of the District, designated ""Yelm Community School District No. 2 Limited Greneral. Qbligatian Fonds, Series 1995B" (the "Bonds"), in the aggregate principal amount of not to exceed $190,00(?, are hereby authorized to be sold, issued and delivered pursuant to chapters 28A.530, 39.36 and 39.46 RCW. The letter designation after the series of Bonds reflects a series of bands in the 19958 WSSDA Flex Fund Program and does not necessarily indicate that the District has any prior outstanding series of limited general abligadon bonds. -S- '~00 'd ~L.I~ 8G~ Qq~ ~oP~ ~X~ ~ti7t~OH~S 'WI~lO`~ ~aZ~~ I~Id 0~ ~ ~0 ~fl,~/0~/d~S/007 Section 4: THE RONDS 'The Bonds shall be dated May 1, 1995, shall be in the aggregate principal amount of not to exceed $19Q,000; shall be in denominations of $1,000 each, or any integxal mulkiple thereof within a single maturity, shall be of a team not to exceed 15 yeaz's, shall be issued only in fu11y registered form and shall be sold by negotiated sale. Notwithstanding the foregoing, the Bonds may be issued in the form of a single fully registered Bond. The Bonds shall be registered as to both principal and interest, shall be numbered separately, in the manner and with any additional designation as the Registrar deems necessary foz~ the purposes of identification. The Bonds shall be substantially in the form set forth in Exhibit "A" attached hereto and irkcozporat~ed herein by this reference. The principal amount of the Bonds shall be payable in annual installments commencing on December 1, 199, and annually thereafter on each December 1, to their stated dates of maturity. The Bonds shall bear interest at a xate not to exceed 8.00 percent per annum, payable commencing on December 1, 199, and semiannually thereafter on each Tune 1 and December 1, to theix stated dates of maturity. interest on the Bonds shall be computed upon the basis of a 3b0-day year, consisting of twelve 30-day months. The Secretary is hereby authorized to execute a certificate that establishes and determines the final principal amount, maturity schedule, dates for principal and interest payments, rates of interest and other terms of the Bonds provided that such a certificate is consistent with the terms contained in this Section 4. The Bonds shall be executed, authenticated and numbered as provided in Section 12 hereof. Sectio PLACE AND MAI~NE,IZ 4E PA~XiyENT Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America to the Registered t7wners thereof, whose names and addresses shall appear on the Bond Register maintained by the Registrar. Payment of each installment of principal (if a single Bond is issued} or interest shall be made to the Registered Owner whose name appears on the Bond Register at the close of business on the fifteenth day of the calendar month preceding each principal and interest payment date, and shall be paid by check or draft of the Registrar mailed to such Registered Owner on the due date at the address appearing on such Pond Register, or at such other address as may be furnished in writing by such ltegistexed' Owner to the Registrar. Principal of each Bond C f a single Bond is not issued) shall be paid Ua the Registered Qwner thereof, upon presentation and surrender of such Bond by the Registered -6- +~i0 'd 8G 19 80~ 09c; 'old ~H~ S'IOOH;JS 'WWCI~ W'IH~, add 00 ~00 ~11Z~!00/d~S,!FOOZ Owner at either principal corporate trust office of the Registrar, an ar after the stated dates of maturity. The District and the Registrar may deem and treat the Registered Owner as the absolute owner of a Bond fax the purpose of receiving payments of principal and interest and for all other purposes, and neither the District nor the Registrar shall be affected by any notice to the contrary. tion NO RET)EMP''TION FRiOR TO MATL]RXTY A. No C3otianal R~en~v~. The Bonds shall not be subject to redemption prior Go their stated dates of maturity. B. Qpgn Market Purchase. The District hereby reserves the right to purchase the Bands on the open market at any price. All Bands sa purchased shall be canceled. section 7: CAF7TAI. PROJECTS FUND There is created by statute, and shall be maintained in the office of the 'Treasurer, a fund separate and distinct from all other funds and accounts of the District, designated "'Y"elm Community School District No. 2 Capital Projects Fund" (the "capital Projects Fund"), into which shall be deposited. all of the proceeds of the sale of the Bonds, except accrued interest; if any, which shall be deposited into the LGO Account. The District's share of any liquidated damages or other money paid by defaulting contractors or sureties will be deposited into the Capital. Projects Fund to assure the completion of the Project. The Bond proceeds shall be used to pay the Costs of the Project heretofore authorized. When the Pmject has been completed and all costs related thereto have been paid in full, any balance remaining in the Capital Projects Fund may be used for other ¢capital improvements and betterments of the facilities of the District, or may be deposited into the LGO Account. ection 8: II~T SERVICE FUND There is created by statute, and shall be maintained in the office of the 't'reasurer, a fund separate and distinct from all other funds and accounts of the District, designated the "Yelm Community School District No. 2 Debt Service Fund" (the "Debt Service Fund"}, for the purpose of paying the principal of and interest on all general, obligation bonds of the District, when due. The District shall cause to be created a separate account within the Debt Service Fund designated the "Limited General Obligation Debt Service Account" {the "LGO Account") which shall be used to account for money to pay the principal of and interest on -7- LUO 'd 8GI9 8~~ 0~~ 'old ~d~ 'IOOH;~S 'WWO~ W'I~1, ~Id i~~~0 ~IlZlO~/d~S/~OOZ limited general obligation bonds of the District as such payments become due. Prior to the due date for such payments, the District shall cause tlae transfer o~F legally available money from the Capital Frojects Fund and/or the General Fund (if necessary) into the LGO Account in amounts sufficient to pay the principal of and interest on the Bonds. Thereafter, the Treasurer shall pay all payments due on the Bonds. action 9: PL.F.I~CrE 4F FiTLL FAITS, GREDIT ANl) RESOfJRCFS; ANY LEGALLY AVA.II3ABY.E MONEX The Bonds are limited general obligatans of the District and, as such, the full faith, credit and resources of the District are hereby pledged for their payment, within the appropriate constitutional and statutory limitations pertaining to non voted general obligations. The District hereby pledges that any legally available maney, including but not limited to, maney in the District's Capital Projects Fund and General Fund, shall be transferred to the LGQ Account to meet the annual payments of principal and semiannual payments of interest maturing and accruing on the Bonds as set forth in Section 4 hereof. Section 1Q: PROVISION FOR bEFEASANCE OF TAE BONDS In the event that maney and/or *Government Obligations", as such obligations are defined in chapter 39.53 RCW (as it now reads or is hereafter amended), maturing at the option of the owner at such time or times and bearing interest to be earned thereon in such amounts as are sufficient, together with any resulting cash balances, to redeem and retire part or all of the Bonds in accordance with their terms, are herea~fte.r irrevocably set aside in a special account and pledged to effect such redemption and retirement, then no further payments need be made into the LGQ Account for the payment of the principal of and interest on the certain Bands so provided for, and such Bonds and interest accrued thereon shall then cease to be entitled to 'any lien, benefit or security of this Resolution, except the right to receive the funds so set aside and pledged, and such Bonds and interest accnred thereon shall na longer be deemed to be Outstanding hereunder. Section 11: SALE OF BONDS AUTHORIZED The sale of the Bonds to O'.S. Bank of Washington, National Association, Seattle, Washington, is hereby authorized and approved. The terms of said sate are contained in the offer to purchase, dated March 23, 1995, which is hereby adopted and approved, and by this reference incorporated herein and made a part hereof. The Board is of the opinion that it is in the best interests of the District and the public to accept said offer and seIl the Bonds by private sale, without giving any prior notice thereof by publication or otherwise, as permitted by chapter 34.46 RCW. The President and/ar the Secretary of the Board are hereby authori~d, on behalf of the D15tnct, and t0 do everything necessary for the prompt e~cecution and delivery of the -8- 8ro ~d 8Gi9 9~~ 09~ ~~~I ~d~ ~~~oK~s 'wwo~ ~~~~~ ~d l~~~o ~n~io~~~~s~~ooZ Bonds to the Purchaser, and for the proper application and use of the proceeds of the sale thereof. i n 12: E7fECU7.7UN AND A,ZI'I7~~,NTICA-17QN OF BLINDS Without unreasonable delay, the District shall cause definitive Bonds to be prepared, executed and delivered, which Bonds shall be lithographed or printed with steel. engraved az lithographed borders. The Bonds shall be executed on behalf of the District by the President, shall be attested by the Secretary {froth of which signatures may be manual or facsimile), and shall. have the 'seal of the District imprinted or impressed thereon. . The Bonds shall then be delivered to the Registrar for authenticatlan and delivery. The Bonds shall be numbered separately in the manner and with such additional designation as the Registrar deems necessary for purposes of identification. Until the definitive Bonds are prepared, the Dzstrict may, if deemed necessary by the Secretary, utilize a temporary bond which shall be typewritten, and `which shall be delivered to the Purchaser of the Bonds in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds. The temporary bond shall be dated as of the date of the Bonds, shall be in a denomination not to exceed $190,p00, shall be numbered T-1, shall be substantially of the tenox of such definitive Bonds, but with such omissions, insertions and variations as may fae appropriate to temporary bonds, shall be manually signed by the President, the Secretary, and the Registrar, and shall have the seal of the District impressed thereon. In the event a temporary Bond is issued, the Treasurer shall be deemed the Registrar solely for the purpose of the temporary Bond. Yn case any of the officers who shall have signed or attested any of the Bonds shall cease to be such officer or officers of the District before the Bonds so signed or attested shall have been authenticated or delivered by the Registrar, or issued by the District, such ,Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issue, shall be as binding upon the District as though those who signed and attested the same had continued to be such officers of the District. Any Bond may also be signed and attested on behalf of the District by such persons as at the actual date of execution of such Bond shall be the proper officers of the District although at the original date of such Bond any such person shall nat have fyeen such officer of the District. Only such of the Bonds as shall bear thereon a Certificate of Authentication in the form set forth in Exhibit "A", manually executed by the Registrar, shall be valid or obligatory far any purpose or entitled w the benefits of this Resolution, and such Certificate of Authentication shall be conclasive evidence that the £bnds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this Resolution. -9- F~OI! 'd 4G19 OOfi 09c; 'old x~~ t;'IOOH~S 'WWO~ W'I~1~ Ud~ j0~00 ~1~1,i00/d~S!~007 i n 1 ZZtANSFF1i OR Ext^HANGE OC BONDS Any Bond shall be transferable by the Registered Owner thereof in person, or by his attorney duly authorized in writing, upon surrender of such Bond at either principal corporate trust office of the Registrar for cancellation and issuance of a new Bond registered in the game of the transferee, in exchange therefor. Any Bond shall be exchangeable for Bonds of any authorized denomination or denominations, upon surrender and cancellation of said Bond at either principal corporate tzvst office of the Registrar. Whenever any Bond shall be surrendered for transfer or exchange, the Registrar shall authenticate and deliver to the transferee or exchangee, in exchange therefor, a new fully registered Bond of any authorized denomination, of the same maturity and interest rate, and for the aggregate principal amount of such Bond being surrendered. The Registrar shall not be obligated to exchange or transfer any Bond during the 15 days preceding any principal payment date. The Registrar shall require the payment by the Registered Owner requesting such transfer or exchange of any tax, fee or governmental charge required to be paid with respect tv such transfer or exchange. ection 4: MUTILATED, LOST, STULEN OR DESTROYED BONDS A. Yf any Band shall become mutilated, lost, stolen or destroyed, the affected Registered Owner shall be entitled to the issuance of a substitute Band only as follows: (1) in the case of a lost, stolen or destroyed Band, the Registered Owner shall, (a) provide notice of the loss, theft or destruction to the T~egistrar and the bistrict within a reasonable time after the Registered Owner receives notice of the °' loss, theft or destruction, (b) request the issuance of a substitute Bond, and (c) provide evidence, satisfactory to the Registrar and the District, of the ownership and the loss, theft or destruction of the affected Bond; (2) in the case of a mutilated Bond, the Registered Qwner shall surrender the Bond to the Registrar for cancellation; and (3) in all cases, the Registered Owner shall provide indemnity against any and all claims arising out of ar otherwise related to the issuance of substitute Bonds pursuant to this Section l~ satisfactory to the District and the Registrar. fXpon compliance with the foregoing, a new Bond of like tenor and denomination (but bearing a number not contemporaneously outstanding), executed by the District, shall be authenticated by the Registrar and delivered to the Registered Owner, all at the expense -10- ~11i! 'd ~~ Ig ~~~- i~~= '~~,; yxd ;-;'I~~nH7S 'W1+~0~ W'I3,~ Udd Z~~~O ~11Zi0~/d~S!~00? of the Registered Qwner to wham the substitute Bond is delivered, Notwithstanding the foregoing, the Registrar shall not be required to authenticate and deliver any substitute Bond for a Bond which has matured or is about to mature and, in azty such case, the principal and interest then due or becoming due shall be paid by the Registrar th accordance with the terms of the mutilated, lost, stolen or destroyed Bond without substitution therefor. B, Every substituted Bond issued pursuant to this Section 14 shall constitute an additional contractual obligation of the District and shall be entitled to aU the benefits of this Resolution equally and proportionately with arty and all other Bonds duly issued hereunder unless the Bond alleged to have been rnutxlated, lost, stolen or destroyed shall be at any time enforceable by a bona fide purchaser for value without notice. In the event the Bond alleged to have been mutilated, lost, stolen or destroyed shall be enforceable by anyone, the District may recover the substitute Bond from the Registered Uwner to wham it was issued ax from anyone taking under the Registered Owner except a bona fide purchaser for value without notice. C. AU Bonds shall be held and owned upon the express condition that the foregoing provisions are exclusive with respect to the replacement or payment of mutilated, Lost, stolen or destroyed Bonds, and shall preclude any and all other rights or remedies, notwithstanding any law or statute existing or hereafte~c enacted to the contrary with respect to the replacement or payment of negotiable instruments or of investment or other securities without their surrender. i u 1 REGbSTRATION The Treasurer and the District have designated the Washington State Fiscal Agent, in Seattle, Washington, and New Xork, Hew York {the "Fiscal Agent"), as Thurston County's and the District's legally designated fiscal agent witE~ respect to the Bonds pursu~tt to RCW 39.44.130. The Board hereby confirms such designation with respect to tthe Bonds and finds and determines that the Fiscal Agent shall be Registrar, authenticating agent, and transfer agent with respect to the Bonds, sub}ect to tha following terms and candikions. A. The Registrar snail keep, or cause to be kept, at either of its principal corporate trust offices, sufficient books for the registration and transfer of the Bonds, which books are hereby defined as the "Bond Register," in which sha11 be maintained the names and addresses of the Registered Owners of the Bonds. Said Bond Register shall at all times be open to inspection by the District. B. Subject to the terms of any agreement with the Registrar, the District shall pay to the Registrar fmm time to time reasonable compensation for ail services rendered under this Resolution, together with reasonable expenses, charges, fees of counsel, accountants and consultants and other disbursements, including those of its attorneys, -11- 1I0 'd 8G~9 8~~ 09~ '~~ YH~d S'IOOH~~ 'WWO~ VJZ~J4 ~Id Z~~yO ~Il1,iQ~/d~S/007 agea~ts and employees, incurred iz~ goad faith in and about the performance of their powers and duties under this Resolution. C. The Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Bonds. D. The Registrar may become the owner of the Bonds with the same rights it would have if it were not the Registrar, 2itld, to the extent permitted by law, may act as depositary for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of Registered t]wners. E. The District hereby adopts as its system of registration the system utilized by the Washington State Fiscal Agent, ection ARBI'I'ltAGE; SPECIAY. TAX CUYEI~TANTS A. The District covenants to comply with each requirement of the Internal kevenue Code of 198, as amended, and any applicable Treasury Regulations thereunder (the "Code"} necessary to maintain the exclusion of interest on the Bonds from gross income for federal income tax purposes. In furtherance of the covenant contained in the preceding sentence, the District covenants to comply with trie provisions of the Arbitrage and Tax Regulatory Certificate (the "Tax Certificate") executed by the District on the date of initial issuance and delivery of the Bonds, as such Tax Certificate may be amended from time to time. B. The District covenants to make any and all payments requited to be made to the YTnited States Department of the Treasury in connection with the Bonds pursuant to Section 14$(f) of the Code. C. Notwithstanding any other provision of the Resolution to the contrary, so long as necessary in order to maintain the exclusion frortx gross income of interest on the Bonds for federal income tax purposes, the covenants contained in this Section 16 shall survive the payment of the Bonds and the interest thereon, including any payment ar defeasance thereof pursuant to Section 10 of this Resolution. D. Notwithstanding any other provision of this Resolution to the contrary, (a) upon the District`s failure to observe or refusal to comply with the aborre covenants, the Registered Owners of the Bonds shall be entitled to the rights and remedies provided to Registered Owners under the Resolution, other than the right to declare the principal of all Bonds then outstanding, and the interest accrued thereon, ua be due and payable and (b) neither the registered owners of bonds of any series other than the Bonds, nor the trustee acting on their behalf, shall tae entitled to exercise any right or remedy provided to -12- 7.1.0 '~ 8Gi~ 8~fi 09~~ '~~ Xd~ SZ~lOH~S 'WWC1~ W'I~J~ Uid ?~~~0 ~f]Z/0~/d~S!~00~ Registered Owners under the Resolution based upon the District's failure to observe, or refusal. to comply with, the above covenants. Section 17: QUALIFIED TAX-~I' C1BY.YGA'Y'IG1NS The District hereby designates the Bonds as "Qualified Tic-Exempt Obligations" pursuant to and as defined in Section 265(b) of the Code. The District covenants that it shall not designate more than $10,000,(!04 of tax-exempt obligations during the calendar year 1995. The District does not zeasonabiy anticipate that it will issue in the aggregate more than $14,004,000 principal amount of tax-exempt obligations durixig the calendar year 1995. In applying this $10,000,000 limitation, the District has taken into account (1) tax-exempt obligations that it has issued and anticipates issuing, (2) taa~-exempt obligations that "any subordinate entity" has issued or anticipates issuing, (3) tax-exempt obligations that any entity that issues obligations on behalf of the District has issued or anticipates issuing, and (4) tax-exempt obligations that an entity formed to avoid this $10,000,000 limitation has issued yr anticipates issuing. However, in applying this $Ip,000,000 lixr-itation, the District need not take into account any private activity bond (other than qualified 501(c)(3) bonds and any obligation issued to refund (other than in an advance refunding) another obligation to the extent that the amount of the refunding obligation does not exceed the amount of the refunded obligation. Section 1$; CANCELY.ATION 4F SU1OtENDERp~ BONDS Bonds surrendered tb the Registrar for payment, transfer or exchange, as well as Bonds surnendered by the District far cancellation, shall be canceled immediately by the Registrar and returned to the District. Such Bonds thezeafter shall be destroyed pursuant to ItCW 43.80.130 (as it now reads or is hereafter amended), or the Fiscal Agency Agreement, or both. ection 19: RATIFICA`Y'IaN All action heretofore taken by the Board, and the employees of the District, (not inconsistent with the provisions of this Resolution), in connection with making the Acquisitions for the .District, and the issuance of the Bonds, is hereby in all respects - ratit"ied, approved and confirmed. Sectio 2 : $E RABI~.ITY if any one or mare of the covenants or agreements provided in this Resolution to be performed on the part of the District shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void ,and shall be deemed separable from the remaining covenants and agreements in this Resolution and shall in no way affect the validity of the other provisions of the Resolution or of the Bonds. -13- to ~a 8G l ~ 8~~ og~ ~~r~ ~~r~ ~~oc~H~s 'w~~~~ wZ~~ rya ?~~ ~ ~o ~n~~o~~~~si~oo~ i n 21: REPEALER All resolutic-ns or parts thereof in conflict herewith, to the extent of such conflict, aze hereby repealed. S~ttion 22: EFFI~,.C'I'IVE DATE This Resolution shall be in fu11 force and effect immediately upon its adoption and approval. ADOPTED by the Board of Directors of Yelm Community School District No. 2, Thurston and Pierce Counties, Washington at a regular open public meeting thereof, this 23rd day of March, 1995. YELM COMMiINITY SCHOOL DISTRICT NQ. 2 Thurston and Fierce Gaunties, '1~Vashington Mar Carpenter Pr 'dent bie Edwards Vice President ~~~~W Patricia La11y Director ~~T~d~ ~ ~ ~~~ Dolores Cloran a Director r____ ~~ G~~ rilee Petersen Director ATTEST: _ ~ Dr. Charles A. Hall Secretary of the Board of Directors (SEAL) -14- CIO 'd BGIQ 8Qfi Cigr; '~~ X~/d S'IC10H~S ~WWO~ W'I3~ did ~Q~~Q ~f1Zi0Q/d~S/QQQ7, CE~LTIF'ICATION' I, the undersigned, as Secretary of the Board of Directors of the Yelm Community School District No. ?, Thurston and fierce Counties, 'W"ashingtQn, hereby certify that the foregoing resolution is a full, true and correct copy of a resolution duly passed and adopted at a regular meeting of ttte Board of birectars of said District, duly held at the regular meeting place thereof on March 23, 1995, of which meeting all members of said Board had due notice, and at which a majority thereof was present; and that at said meeting sa?td resolution was adopted by the following vote: AYES, and in favor thereof, Directors: NAYS, Directors; ~' ABSENT, Directors; ~~ ABSTAIN, Directors: I further certify that I have carefully compared the same with the original resolution an file and of record in my office; that said resolution is a full, true and correct copy of the original resolution adopted at said meeting; and that said resolution has not been amended, modified or rescinded sauce the date of its adoption, and is now in full farce and effect. IN WTI'I~ESS V+TfIEREUF, I have set my hand on March 23, 1995. 4 Dr. Charles A. Irlatl Secretary of the Board of Directors (SEAL) -15- ~'IOOHOS 'WW00 W'I~~ U~Id ?~ ~ ~0 ~1~5~/0~/~~S/~00? ~.~ ~~ ~~~ ~ CITY OF YELM ~, ~r~ PO Box 479 Yelm WA 98597 360-458-3835 ~~ WASHINGTON NOTICE OF APPLICATION Mailed on: September 19, 2003 PROJECT NAME AND LOCATION: Yelm Community Schools Request for Rezone 10605 Mill Road SE, Yelm, WA 98597 LAND USE CASE: ZON-03-8349-YL An application submitted by Yelm Community Schools, P.O. Box 476, Yelm, WA 98597, for the above referenced project was received by the City of Yelm on September 2, 2003. The City has determined the application to be complete on September 19, 2003. The application and related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: The rezone request is to change the zoning designation of a portion of the parcel of land that the Yelm School District currently owns from Low Density Residential (R-4) to Institutional District. A portion of the land is currently zoned institutional and developed with the Mill Pond Intermediate School. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: The applicant has submitted application and site plan. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, 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 OCTOBER 6, 2003. This notice has been provided to appropriate local and state agencies, and property owners within 300 feet of the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there will be a 14-day public comment period if an environmental determination is .issued. Opportunities for appeal occur within twenty one (21) days after the date the environmental determination is issued. City Council decision can be appealed through Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final Decision. ,~,~ zH~ City of Yelm Community Development Department ~, P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX ~ . Memorandum To: SPRC From: Tami Merriman, Assistant Planner Date: September 19, 2003 Re: ZON-03-8349-YL - Project Review Schedule for Yelm Community School Rezone Attached is the application packet for the above referenced project. After your initial review of the information submitted, if you need additional information from the applicant, please let me know as soon as possible. The following is the tentative review schedule for the project. September 19, 2003 -Notice of Application distributed, begin 15 day comment period. October 1 and 8 -SPRC project review. Department comments/conditions of approval for staff report. October 10 -Complete staff recommendation to Planning Commission October 6 -Notice of Public Hearing to paper, 300' and post site. October 14 -Mail Staff report October 20 -Public Hearing before Planning Commission November 5 -Planning Commission recommendation report to City Council November 12 -City Council Meeting. R:\Project Files\ZON Zoning Amendment\8349 YCS Unnamed Jt High\Proj Rev Date Memo.doc