Project Rev & Correspondencer
DEVELOPER AGREEMENT
Coffey Youth Center
This Agreement is made between Tonya Coffey and the City of Yelm for
improvements described in the Exhibit A attached hereto and made a part
hereof. The undersigned agrees to complete the required improvements no later
than August 31, 2006.
It is understood and agreed that the City will take action for violation of
Chapter 17, Yelm Municipal Code if the required improvements described are not
complete prior to August 31, 2006. The developer agrees that the building shall
be abandoned and unoccupied after August 31, 2006, if the required
improvements are not installed, inspected, and approved by that date.
It is further agreed that the city may discontinue water service if the terms
of this agreement are not met.
DATED this 22"d day of May, 2006
~.
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~onya ffey
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EXHIBIT A
Coffey Youth Center
Required Improvement
Cost Estimate
Completion of sidewalk per City of Yelm standards across property frontage
located at 309 & 311 Yelm Avenue West.
May 16, 2006
City of Yelm,
Regarding: go9 and iii Yelm Ave W
In regards to sidewalk improvements for our conditional use permit,
we are requesting a conditional use permit approval based on a
schedule for the completion of the sidewalk. We have completed a
portion of the sidewalk that connects the crosswalk to out property,
but we would like to request a i2o day extension on the existing
sidewalk extension to the west side of our property, with the approval
on the use permit to be issued under this extension. We will be
finishing the details on the already poured sidewalk by May 21, 2006,
but we would like to be issued of conditional use permit under the
premise that we will pour the rest of the sidewalk with in the i2o day
extension. We thank you in advance for your time and patience in
this matter.
Sincerely,
T Cnf(ey
~~l1~f71~~
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eturn Address
ity of Yelm
ami Merriman
~ Box 479
elm, WA 98597
Document title(s) (or transactions contained therein):
1. Agreement Waiver of Protest and Special Power of Attorney (LID/ULID/Latecomer)
2.
3.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. Dunne, Michael D
2. Yelm Young Life House LLC
Grantee(s) (Last name, first name, middle initial)
1. The City of Yelm
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Section 19 Township 17 Range 2E Plat Solbergs First Addition to Yelm BLK 9LT 3& 4
Document 009/031
Assessor=s Property Tax ParceUAccount Number:
75300900300
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CITY OF YELM POA $32.00 Thurston Co. Wa. CITY OF YELM AGR $35.00 Thurston Co. Wa.
AGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(LID/ULID/LATECOMER)
THIS INSTRUMENT is entered into this ~ day of , 20~~ 'by and
between the CITY OF YELM, a municipal corporation, hereinafter referred to as the
OCITY,~ and ~~ t) ~ I ~ .`I` ~(~~ ! ~ '' ~~ i` 1 f- ,
hereinafter referred to as the DOWNER."
WITNESSETH:
WHEREAS, the OWNER holds record title to the following described property
located within Thurston County, Washington:
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t
and WHEREAS, the CITY has required as a condition of approval of the
OWNER~s site plan/subdivision for said property that the OWNER participate in the
construction of certain utilities and/or street improvements as they directly relate to said
property and the OWNER desires that said requirement be delayed until projects are
formulated for the joint participation of other affected owners.
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as
follows:
1. The CITY will delay its requirement for the immediate participation by the
OWNER in the construction of certain utilities and/or street improve ents, subject to
the conditions set forth hereinafter. - ~~~~~
~~
CITY OF YELM APR - ~ 2006
R:\Forms 8 ProceduresWgreementWaiverProtest.doc Page 1
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2. The OWNER will financially participate in the following utility and/or street
projects on an equitable basis with other affected property owners:
Sanitary sewer system improvements;
Water system improvements;
Storm water system improvements;
Street improvements;
~_ Street lighting improvements;
Sidewalk improvements;
which improvements are more specifically described as follows:
CAS ';~~ ~ ~~.~~;~C ~ ~~~~ C~~~a ~~< <~-~
3. The OWNER hereby waives all rights to protest against future Local
Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer
Ordinance and Agreement proceedings for the construction of said improvements
described in Section 2 herein. For purposes of this Instrument, frights of protest" shall
mean only those formal rights to protest contained within the LID, ULID or Latecomer
Ordinance and Agreement statutes, except, however, nothing herein shall constitute a
waiver by the OWNER or the OWNEROs heirs, assigns or successors in interest, of the
right to object to the OWNEROs individual assessment amount or latecomer charge or
to appeal to the Superior Court the decision of the Council affirming the final
assessment roll or latecomer ordinance and agreement, which rights are specifically
preserved.
4. The OWNER hereby grants and conveys to the City Engineer of the City
of Yelm, or his successor in interest or designee, a Special Power of Attorney to
exercise any and all rights of the OWNER, including any purchasers, mortgage holders,
lien holders or other person who may claim an interest in the property described
hereinabove, to accomplish the following: At such time as a Local Improvement District,
Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed
that would cause said improvements to be made available to the OWNER~s property
described hereinabove, to execute a Petition on behalf of the OWNER for the creation
of such LID, ULID or Latecomer Ordinance and Agreement. This special Power of
Attorney is granted in consideration of the CITY executing this Instrument, and shall be
a power coupled with an interest which may not be terminated. This Special Power of
Attorney shall not be affected by the disability of the OWNER.
CITY OF YELM
R:\Forms 8 Procedures\AgreementWaiverProtest.doc Page 2
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CITY OF YELM POA $32.00 Thurston Co. Wa. CITY OF YELM AGR $35.00 Thurston Co. Wa.
5. If the OWNER fails to perform in good faith in accordance with this
Instrument, it is agreed that the CITY may discontinue utility service to the property
described herein, after giving 20 days notice thereof and an opportunity for hearing
thereon, or may pursue other equitable or legal remedies.
6. The OWNER hereby declares that '-C C,
is/ the sole owner(s) of the property described herein and has/have full power to
commit said property to this Agreement, Waiver of Protest and Special Power of
Attorney.
7. This Instrument constitutes a covenant running with the land and shall be
finding on all heirs, assigns, transferees, and successors in interest.
8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the
effective term of this Instrument shall be a period of ten years from the date hereof. For
purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and
Agreement thereunder, the effective term of this Instrument shall be a period of fifteen
years from the date such an Ordinance and Agreement becomes effective.
IN WITNESS WHEREOF the parties hereto have caused this Instrument to be
executed the day and year first hereinabove written.
CITY OF YELM OWNER
By:
City Administrator ~~~~ Gi^/G ~~,~~E3Z~1
STATE OF WASHINGTON
ss.
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COUNTY OF )
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On this ~ day of ~ ~ ~ 4 , 20~, personally appeared before me 11 1 ~1! C'`nf ~ C~t; i\~ L
to me known to be the individual(s) and/ orporate officers described in an Who executed the within
and foregoing instrument and acknowledged that signed the same as ~i free and voluntary act
and deed on behalf of themselves or as corporate o Icers of the named corporation with the full authority,
for the uses and purposes herein mentioned.
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CITY OF YELM
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Notary P lic in and for the State
of Washington, residing at
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My commission expires: ~~ f - ' ~:.`
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Page 3
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CITY OF YELM AGR $35.00 Thurston Co. Wa.
CITY OF YELM
DEFERRED DOCUMENT RECORDING COVER SHEET
DATE: April 13, 2006
Name: Tami Merriman Department: Community Development
Signature:
Phone: (360) 458-8496
*'`PLEASE LIMIT BATCHES TO 20 DOCUMENTS'`* BATCH OF
(Include a separate cover sheet for each batch)
TYPE OF DOCUMENT # OF PAGES FEE
1. Agreement Waiver of Protest and Special Power of Attorney 4 $
2. ~~ ~ $
3. 3~~- 3 ~ $
4. $
5. $
6. $
7. $
8. $
9. $
10. $
11. $
12. $
13. $
14. $
15. $
16. $
17. $
18. $
19. $
20. $
TOTAL: $
(FOR AUDITOR'S USE ONLI~ RECORDING: $ SURCHARGE#1: $ SURCHARGE #2: $
eturn Address
'ity of Yelm
ami Merriman
O Box 479
elm, WA 98597
Document title(s) (or transactions contained therein):
1. Agreement Waiver of Protest and Special Power of Attorney (LID/ULID/Latecomer)
2.
3.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. Dunne, Michael D
2. Yelm Young Life House LLC
Grantee(s) (Last name, first name, middle initial)
1. The City of Yelm
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Section 19 Township 17 Range 2E Plat Solbergs First Addition to Yelm BLK 9LT 3& 4
Document 009/031
Assessor=s Property Tax ParceVAccount Number:
75300900300
AGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(LID/ULID/LATECOMER)
THIS INSTRUMENT is entered into this ~ day of , 20~~ `by and
between the CITY OF YELM, a municipal corporation, hereinafter referred to as the
~CITY,~ and ~ I ~ ~ I ~ .l` '+ ~.'~. 1 1 J_' ~ I i ! ?` ,
hereinafter referred to as the DOWNER."
WITNESSETH:
WHEREAS, the OWNER holds record title to the following described property
located within Thurston County, Washington:
and WHEREAS, the CITY has required as a condition of approval of the
OWNEROs site plan/subdivision for said property that the OWNER participate in the
construction of certain utilities and/or street improvements as they directly relate to said
property and the OWNER desires that said requirement be delayed until projects are
formulated for the joint participation of other affected owners.
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as
follows:
1. The CITY will delay its requirement for the immediate participation by the
OWNER in the construction of certain utilities and/or street improve~ents, subject to
the conditions set forth hereinafter. ~~~~~~
CITY OF YELM - "~ 206
R:\Forms 8 ProcedureslAgreementWaiverProtest.doc APR Page 1
2. The OWNER will financially participate in the following utility and/or street
projects on an equitable basis with other affected property owners:
Sanitary sewer system improvements;
Water system improvements;
Storm water system improvements;
Street improvements;
~ Street lighting improvements;
Sidewalk improvements;
which improvements are more specifically described as follows:
3. The OWNER hereby waives all rights to protest against future Local
Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer
Ordinance and Agreement proceedings for the construction of said improvements
described in Section 2 herein. For purposes of this Instrument, Orights of protest" shall
mean only those formal rights to protest contained within the LID, ULID or Latecomer
Ordinance and Agreement statutes, except, however, nothing herein shall constitute a
waiver by the OWNER or the OWNEROs heirs, assigns or successors in interest, of the
right to object to the OWNER~s individual assessment amount or latecomer charge or
to appeal to the Superior Court the decision of the Council affirming the final
assessment roll or latecomer ordinance and agreement, which rights are specifically
preserved.
4. The OWNER hereby grants and conveys to the City Engineer of the City
of Yelm, or his successor in interest or designee, a Special Power of Attorney to
exercise any and all rights of the OWNER, including any purchasers, mortgage holders,
lien holders or other person who may claim an interest in the property described
hereinabove, to accomplish the following: At such time as a Local Improvement District,
Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed
that would cause said improvements to be made available to the OWNER~s property
described hereinabove, to execute a Petition on behalf of the OWNER for the creation
of such LID, ULID or Latecomer Ordinance and Agreement. This special Power of
Attorney is granted in consideration of the CITY executing this Instrument, and shall be
a power coupled with an interest which may not be terminated. This Special Power of
Attorney shall not be affected by the disability of the OWNER.
CITY OF YELM
R:\Forms & ProceduresWgreementWaiverProtest.doc Page 2
5. If the OWNER fails to perform in good faith in accordance with this
Instrument, it is agreed that the CITY may discontinue utility service to the property
described herein, after giving 20 days notice thereof and an opportunity for hearing
thereon, or may pursue other equitable or legal remedies.
6. The OWNER hereby declares that ~-t~
is/ the sole owner(s) of the property described herein and has/have full power to
commit said property to this Agreement, Waiver of Protest and Special Power of
Attorney.
7. This Instrument constitutes a covenant running with the land and shall be
finding on all heirs, assigns., transferees, and successors in interest.
8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the
effective term of this Instrument shall be a period of ten years from the date hereof. For
purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and
Agreement thereunder, the effective term of this Instrument shall be a period of fifteen
years from the date such an Ordinance and Agreement becomes effective.
IN WITNESS WHEREOF the parties hereto have caused this Instrument to be
executed the day and year first hereinabove written.
CITY OF YELM
ay:
City Administrator
STATE OF WASHINGTON
ss.
OWNER
~/cL/vJ ,/o v
/~-fv u.1't L LL
COUNTY OF )
On this ~~day of ~ l , 20~, personally appeared before me 1> 1 ~1~~'`i1t ~ (~i;iu~(
to me known to be the individual(s) and/ orporate officers described in an Who executed the within
and foregoing instrument and acknowledged that signed the same as ~i free and voluntary act
and deed on behalf of themselves or as corporate o Icers of the named corporation with the full authority,
for the uses and purposes herein mentioned.
~_ ~y ~. v:..~~ :,
~q' ' - ~: '
~ y~~'~,, ?4.08 _'
r 'N A SN~ ~=
~...~
CITY OF YELM
R:\Forms 8 Procedures\AgreementWaiverProtest.doc
Notary P lic in and for the State
of Washington, residing at
My commission expires: `_~ _~ ' ~`:{
Page 3
~o~T"Ep~ City of Yelm
a
~ `~ Community Development Department
105 Yelm Avenue West
P.O. Box 479
YELM Yelm, WA 98597
WASHINGTON
January 30, 2006
Tonya Coffey
P.O. Box 3005
Yelm, WA 98597
Dear Tonya:
Per your request, this letter confirms our telephone conversation of Thursday, January 26, 2006.
The Site Plan Review Committee has reviewed your requests and provide the following comments.
The Health and Wellness Center may move into the small building that was originally approved for
boarding room with an on-site manager. No additional parking stalls are required. Please contact
Gary Carlson, Building Official (360) 458-8407 to see if any building permits are needed for this
remodel.
The pedestrian connection from the middle school parking lot to your site must be completed prior
to occupancy of the large building. I have attached our sidewalk detail from the City of Yelm
Development Guidelines for your reference. Please forward this detail to your contractor, or have
them speak with Jim Gibson, Development Review Engineer (360) 458-8438.
In regards to the cost of the sidewalk installation, when you sign the deferral for your frontage
improvements, there is not a cost involved. The deferral simply states that you will not protest an
LID if formed for frontage improvements, and that you are responsible for completing
improvements at such time the City deems necessary. The sidewalk is a part of frontage
improvements, and if completed correctly, would be portion of the improvements already
completed. Your surveyor must determine where the actual right-of-way is located and provide a
legal description of any right-of-way to be dedicated.
The existing signage on site will need to be replaced. When a business changes names, then the
non-conforming sign must be brought into compliance with our current sign regulations.
I would like to take this opportunity to remind you that all of the conditions listed in your approval
letter must be completed and approved by the Community Development Department prior to
occupancy. This includes your landscaping both in the parking area and around the perimeter.
If you have any questions, please feel free to call me at (360) 458-8496
Sincerely,
Tami erriman
Assistant Planner
(360) 458-3835
(360) 458-3144 FAX
www.ci.yelm.wa.us
City of Ye1m
105 Yelm Ave W
PO Box 479
Yelm, WA 98597
January 3, 2006
To whom it may concern:
Received
JAN 0 9 2006
Re: SPR-o5-oi63-YL ~
This letter is in a response to Tamz ~-Merryman, per our conversation in late
December.
Upon Young Life's acquisition of the property at 309 and iii Yelm Ave W, the
long time tenants (The Health and Wellness Center) have requested to renew
lease on the same property. To best serve these tenants Young life is requesting
change of use for existing separate building to utilize for commercial office for
said wellness center.
Young Life is fully aware of the limited parking availability on this project. In
accordance to City regulations Young Life has arranged an annual parking
arrangement with Yelm community schools (already provided). In addition to
parking arrangements Young Life is also acquiring sidewalk contracts to
provide safe pedestrian traffic as stipulated in July 13, 2005 approval letter
from the City of Yelm. The Health and Wellness Center was originally going to
remain in the middle of the larger building and remain office space.
In regards to the sidewalk issue, the only information in the approval letter is
"Pedestrian access shall be provided from the parking area to the facility". After
speaking to Dennis Baker, per Tammy Merryman's advice, Dennis pointed out
the need to know more information about city of Yelrn sidewalk requirements.
Some of the questions that have arisen are, is there any need for engineering on
the sidewalk, is there need for drainage and grade information, and is this cost
going to be removed from our deferrable road improvement cost? Please advice
as far as what city code requires for these issues.
In addition to above mentioned regulations Young Life is inquiring about
additional regulations on parking on premise. In the approval letter dated July
i3, 2005 parking requirements on premise where required to be 7 (seven)
spaces including i (one) handicap space pursuant to ADA requirements. In
essence we are removing the residential use of the separate building and
moving an office space (which was all ready accounted for in the other building)
to said building. Please advise Young Life to what this change of use is going to
add to or subtract from the need of parking spaces on premise. If there are
additional requirements to original agreement Young Life is also requesting
additional time to meet those requirements.
It has been communicated different expectations regarding the current sign
code in Yelm. Please advise as to current policy regarding the existing sign
removal or use as well as current policy and code if there is a need for a new
sign. Regard sign issue, please also advice as to the difference for multiple use
buildings as well as non profit use.
Please send back all correspondence in writing to the address below.
Thank you for your time and patience to resolve these issues. I have been
appointed the new city liaison for this project, in case of any questions or
problems in the future please feel free to contact me. I look forward to working
with you further to improve our community.
lel~Box ,~vo5
Yelm y a 98597
360 584-3983
City of Yelm
l05 Yelm Avenue W
Yelm WA 98597
R
December 28, 2005 ~~~~ V~r
,JqN n ~ ?406
To whom rt may concern,
Concerning Case Number SPR-o5-oi63-YL
309 & iii Yelm Avenue West
Yelm, WA 9$597
In regards to a change in the current proposed use for the existing
separate building on the property listed above. The proposed use for
separate building will be changed from a residential to commercial
office space, and rented to existing health and wellness center with
the same use proposed in previous application. The office space that
they would have occupied was in the middle of the bigger building,
this is changing to a gathering space. There will no longer be a
residential use for this property. Please advise to what changes this is
going to make to the existing pre-approved use permit application, as
far as parking ect. Thank you for your time in this matter. Please feel
free to call me with any questions C36o)584-3983
S cerely, ~ ~
' ~~
n a ey
P ox OS
Yelm, WA 98597
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City of Yelm
Community Development Department
P.O. Box 479
Yelm, WA 98597
(360) 458-3835
(360) 458-3144 FAX
Memorandum
To: SPRC
From: Roberta Allen, Administrative Assistant
Date: June 10, 2005
Re: SPR-OS-0163-YL -Project Review Schedule for Coffey Youth Center
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.
June 10, 2005 -Notice of Application distributed -begin 15 day comment period.
July 6 -SPRC project review. Department comments/conditions of approval for staff report.
Final approval letter completed
I:\SPR Site Plan Review\OS-0163 Coffey Youth Center\Proj Rev Date Memo.doc
City of Yelm
~~/ \t~ Community Development Department
PO BOX 479
YELM, WA 98597
L M 360-458-3835
WASNINGTON
NOTICE OF APPLICATION
Mailed on: June 10. 2005
PROJECT NAME AND LOCATION: Youth Center
309/311 Yelm Avenue West
LAND USE CASE: SPR-05-0163-YL
An application submitted by Tonya Coffey, 11526 Gravelly Lake Drive, Lakewood, WA 98499, for the
above referenced project was received by the City of Yelm on June 8, 2005. The City has determined the
application to be complete on June 9, 2005. The application and any 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: Change of use from storage & offices to residential, offices & gathering place
ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: Site Plan
Additional Information or Project Studies Requested by the City: None 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 YMC, Critical Areas Ordinance Chapter 14.08 YMC, Storm Water
Drainage Design and Erosion Control Manual (DOE), International 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 JUNE 27, 2005.
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.
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