FAQWhat is the process for constructing a large retail store in the Large Lot Commercial (C-3)?
In order to construct a large retail store in the C-3 zoning district, a Site Plan Review application is required. The process for this review is found at Chapter 17.84 YMC. The site
plan review is an administrative review process, designed to ensure that proposed development is consistent with the development regulations adopted by the City of Yelm.
Notice of application will be mailed to every property owner within 300 feet of the subject property.
The site plan review committee’s decision on a site plan review application may be appealed to the Hearing Examiner, who would hold an open record hearing on the issue, in which the
public may comment on the proposal. Notice of public hearing would be published in the Nisqually Valley News at least 10 days prior to the hearing.
The Examiner’s decision can be appealed to the City Council, which would hold a closed record hearing and determine if the decision was supported by substantial evidence or contrary
to law. The Council will review the record created by the Hearing Examiner and can not take new testimony from the public or the applicant.
A State Enrironmental Policy Act (SEPA) threshold determination will be required before action is taken on the Site Plan Review application. This determination is based on an environmental
checklist submitted with the application and on other information such as a traiffic impact analysis and the preliminary stormwater plan. If it appears that there are potential significant
adverse impacts to the environment that can not be mitigated through conditions of approval, an environmental impact statement may be required.
The SEPA threshold determination is appealable to the Hearings Examiner, who would hold an open record hearing on the issue. The Examiner’s decision may be appealed to City Council,
which would conduct a closed record hearing and determine if the Examiner’s decision was contrary to law and supported by substantial evidence.
If a SEPA appeal is filed, the site plan review would be combined with that appeal and the Hearing Examiner would become the decision maker with a recommendation from the SPR Committee.
An open record hearing would be held by the examiner on the site plan review application, if combined with a SEPA appeal.
Land use approval typically contains conditions of approval that the applicant must complete prior to receiving a building permit. Upon satisfactory completion of all conditions of
land use approval, the applicant can submit building plans for approval.
Civil Plan review generally takes place after a land use approval. The Yelm Development Guidelines contain standard details for all infrastructure requirements, including parking lot
layout, sewer and water lines, STEP tank design, and stormwater control, and the civil plan review allows the City a chance to ensure that infrastructure is designed and installed per
requirements.
Building Plan review, permitting and inspections will be based on Title 15 Yelm Municipal Code, adopting the 2003 International Building Code and related construction codes. Building
Plans are submitted after Site Plan Review approval.
Will there be a public hearing on the application?
No, unless an appeal of either the SEPA Threshold determination or the site plan review is filed. If there is an appeal, there will be a public hearing before the Hearing Examiner at
which the public may testiify regarding the proposal. Because the issue before the City is whether the project is consistent with development regulations and if there are significant
environmental impacts, testimony would be limited to those issues.
Can I make comments on the application?
Why can’t the City Council hold a Community Forum for concerned citizens to voice opinions abou the possiblity of Wal-Mart coming to Yelm?
The land use permitting process in Washington State is quasi-judicial. This is different than a legislative matter in which the