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20180292 NOD Apprvoal 08.27.18 City of Yelm Site Plan Review Committee 105 Yelm Avenue West Yelm, WA 98597 NOTICE OF DECISION DATE: August 27, 2018 PROJECT NAME: Right Way Customs PROJECT LOCATION: 107 Yelm Ave E, Yelm, WA 98597 PARCEL NUMBER: 64400500300 CASE NUMBER: 20180292 NOTICE IS HEREBY GIVEN that the Community Development Department issued a site plan review approval to Curtis Phillips at the above referenced location. The complete decision may be viewed on the City’s website at www.yelmwa.gov and choosing ‘Document Library’ then ‘Currently Under Review’ from the menu system. A copy of the decision may also be obtained at the Community Development Department in City Hall at 105 Yelm Avenue West, Yelm, WA 98597 during normal business hours for a fee of 15 cents per page. For additional information, please contact the Community Development Department at 360-458- 3835. City of Yelm Site Plan Review Committee 105 Yelm Avenue West Yelm, WA 98597 Site Plan Review 20180292 Findings of Fact, Conclusions of Law, and Decision FINDINGS OF FACT 1. Kyle Phillips owns the business located at 107 Yelm Ave E, identified by Assessor’s Tax Parcel Number 64400500300. This approval is to include an additional tenant office space at this location. 2. The property is approximately .08 acres. The existing 2,800+/- square foot building houses a tavern and an apartment. The property is zoned Central Business District (CBD) which is codified at Chapter 18.35 YMC. The Central Business District is intended to provide for the location of a pedestrian shopping atmosphere, and promote the rehabilitation of existing structures. Retail and service establishments are allowed uses in the CBD zone. [Section 18.35.020 YMC]. 3. Curtis Phillips submitted a site plan review application on August 6, 2018. The application materials included a preliminary site plan showing the location of office space within the existing business. The office space is to be used for on line auto sales. 4. The project is exempt from environmental review as the existing building is less than 10,000 square feet and less than 90 parking stalls are required. [Section 18.20.020 YMC and Section 197-11-800 WAC] 5. Chapter 18.16 YMC requires a determination that the infrastructure facilities necessary to serve a proposed development are in place or planned for and properly funded with a reasonable expectation that the facilities will be in place at the time needed to preserve adopted levels of service. a. Concurrency with sewer infrastructure means the project is within an area approved for sewer pursuant to the adopted sewer comprehensive plan for the City and improvements necessary to provide facilities and services are present to meet the needs of the proposed development. The building is connected to City sewer services; this satisfies concurrency requirements. b. Concurrency with water infrastructure means the project is within an area approved for municipal water service pursuant to the adopted water comprehensive plan for the City and improvements necessary to provide services are present. The building is connected to City water services; this satisfies concurrency requirements. c. Concurrency with transportation infrastructure means that the project completes frontage improvements, makes off-site improvements required for the safe movement of traffic and pedestrians if impacted by traffic from the development, and pays a traffic facilities charge. The parcel fronts Yelm Avenue East. Yelm Avenue is constructed to City Standards. The proposal does not increase traffic to the site. d. Concurrency with school infrastructure means the developer pays a school impact fee at the time of construction. The proposal will have no impact on the School system as it will not increase student population. e. Concurrency with fire protection means the developer pays a fire impact fee at the time of construction. The proposal does not increase the square footage of the building that requires the fire impact fee. 8. Title 18 YMC is the Unified Development Code for the City of Yelm and establishes standards for development within the various zoning districts. The subject property is identified by the Zoning Map as being within the Central Business District zoning district. All surrounding properties are commercially developed. a. Retail and service oriented establishments are allowed in the CBD zoning district as a permitted use. [Section 18.35.020 YMC] b. There are no setback requirements for commercial uses in the CBD zoning district. [Section 18.35.040 YMC] The proposed buildings meet the CBD district setback requirements. c. Buildings in the CBD zoning district may be up to 35 feet in height. [Section 18.35.040 YMC]. The proposed buildings meet the height requirement for the CBD district. d. Chapter 18.52 provides guidance for Ingress and egress. Access to this building from the street is served by on-street parking. Page 4 of 6 e. Retail and service establishments require one parking space per 250 feet of gross floor area. Yelm Avenue East provides on-street public parking. This does not allow for automobile sales. The applicant states that auto sales are conducted via 9. The Yelm Critical Areas and Resource Lands, Chapter 18.21 YMC provides protection for critical aquifer recharge areas, frequently flooded areas, wetlands, geologically hazardous areas, and fish and wildlife habitat conservation areas. a. All of Yelm is identified as a critical aquifer recharge area. Compliance with Federal, State, and County water source protection regulations and with the City’s adopted stormwater regulations is required to protect the aquifer. [Section 18.21.070 (C) YMC] b. The Mazama Pocket Gopher has been listed as a threatened species by the Washington Department of Fish and Wildlife since at least 2008. Yelm has protected this species through the implementation of the Critical Areas Code. When a development occurs on property suspected to be occupied by the Mazama Pocket Gopher, the Community Development Department has required the applicant prepare a critical areas report which would include mitigation measures if it was determined that pocket gophers would be impacted by the proposed development. The Washington Department of Fish and Wildlife is provided with notice of all threshold determinations issued pursuant to the State Environmental Policy Act and the City consults with the Department when a critical areas report is required. In April, 2014, the U.S. Fish and Wildlife Service listed the Yelm subspecies of the Mazama Pocket Gopher as threatened under the Endangered Species Act. While the City of Yelm is not responsible for implementation or enforcement of the Endangered Species Act, it consults with the Service and provides notice to applicants that the pocket gopher is a federally protected species and a permit from the U.S. Fish and Wildlife Service may be required. The parcel is covered by building and parking in the rear. Visual reconnaissance showed no evidence of gopher activity. Compliance with Yelm’s requirements under the Critical Areas Code does not ensure compliance with the provisions of the Endangered Species Act. The applicant should contact the US Fish and Wildlife Service with any questions about compliance with Federal standards for threatened species. Page 5 of 6 10. Chapter 13.04 YMC and Chapter 6 of the Development Guidelines establish requirements for connection to the City’s water system. a. The site is currently served by City water. b. The City implements a cross-connection and backflow control program pursuant to Title 43 RCW and Chapter 248-54 WAC. [Section 13.04.220 YMC] A backflow prevention assembly is required to protect Yelm’s water system from cross- connections from all new development. [Section 13.04.220 (D) YMC]. 11. Chapter 13.08 YMC and Chapter 7 of the Development Guidelines establish requirements for connection to the City’s sewer system. The site is currently served by City sewer. 12. All of Yelm is considered a critical aquifer discharge area. The control and treatment of stormwater is required to protect the critical aquifer. The City has adopted the latest edition of the Stormwater Management Manual for Western Washington published by the Washington Department of Ecology. [Section Chapter 18.27 YMC]. The proposal does not include additional impervious surface. CONCLUSIONS OF LAW A. Section 18.13.020 (B) YMC allows the Site Plan Review Committee to approve a proposal when the preliminary site plan conforms to the standards, provisions and policies of the city as expressed in its various adopted plans and ordinances. B. Curtis Phillips has established that the request for site plan review approval can satisfy all criteria set forth in Section 18.13.020(C) YMC, meet all requirements of the CBD District zoning classification, and meet all other requirements of the Yelm Municipal Code. Therefore, the preliminary site plan should be approved subject to the following conditions: 1. A reduced pressure backflow assembly is required at the current water meter. 2. No automobiles for sale shall be stored or displayed on the site or in the public right- of-way. Page 6 of 6 C. The site plan is valid for eighteen (18) months from the date of this approval. The applicant may request a six-month extension on the approval, if the request is made in writing prior to the expiration date of this approval. DECISION The request for site plan review approval is hereby granted subject to the conditions contained in the conclusions above. Dated this 27nd day of August, 2018 _______________________________ _______________________________ Grant Beck, Chad Bedlington, Community Development Director Public Works Director Chris Vaccaro, Building Official Prepared this 27nd day of August, 2018 _________________________ Tami Merriman, Associate Planner APPEAL The Site Plan Review Committee’s decision in this matter may be appealed pursuant to Chapter 18.10 YMC, to the City of Yelm Hearing Examiner no later than 21 days from the date of this decision. An appeal must be in writing, contain specific factual objections, and include the appeal fee of $1,250.00.