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Agendas and Minutes c c c YELM PLANNING COMMISSION MINUTES Monday, December 20,1999 YELM CITY HALL COUNCIL CHAMBERS Motion No The meeting was called to order at 4 13 P m by Tom Gorman Members present Glenn Blando, Tom Gorman, Joe Huddleston, Roberta Longmire, John Thomson Staff. Cathie Carlson, Tim Peterson, Dana Spivey Guests Glen Cunningham-City Council Liaison-(arrived at 4 32 pm), Nancy Irving-PC Atty , Chuck Groth & Michael Welter -Thurston County Parks, and Christian Fegel-Nisqually Valley News Members absent. Margaret Clapp, E J Curry, Bob Isom, Ray Kent. Public Communications" There were none Public Hearing: Ye/m- Tenino Rail Trail Applicant" Thurston County Parks & Rec Dept. Proposal: Construct 10' pedestrian trail and Phase 1 of the Yelm Trail head Project location Yelm/Southwest Y elm Tom Gorman opened the public hearing at 4 16 P m Tom then asked if any of the Planning Commission (PC) members had a conflict of interest? There was none Tom asked if any member of the Planning Commission had received any information prior to the hearing? No Tom asked the applicant if there were any conflicts of interest with any of the PC members? No Cathie Carlson then gave a staff report. Tom asked for comments from the applicant. Michael Welter introduced himself and Chuck Groth of the Thurston County Parks & Recreation Department. Mr. Welter stated it is their intent to develop this trail, it will be a Thurston County owned and operated facility, the County will maintain Mr. Welter also said he has enjoyed working with City Staff on this project and the County understands that the City of Yelm would like it to be a quality facility; the County takes great pride in their current park system and plan to do the same with this trail Tom asked for more comments from the public Nancy Irving, PC Attorney for the Harding family, asked what the hours of operation for the trail will be, and will there be any way to close the trail head/parking area? Mr. Welter stated their intent in constructing this trail is to stay sensitive to the issues associated Yelm Planning Commission December 20 1999 Page 1 c c c with this type of facility The County's intent is to close the parking area - by posting signs which will state the hours of operation, "9 00 a m - Dusk." Cathie added, at this time we don't know that it would be feasible to gate the area Mr. Welter agreed, and said that they will not encourage night time use, the area will not be lighted Roberta Longmire asked if the trail will be fenced? Mr. Welter said no, if it were fenced then all it would be is a "cattle corridor" or a prison-yard type facility - and the County is not sure that this would fit in with the aesthetics that was originally viewed as a recreation trail Mr. Welter added, it is clear to the County that if safety issues were to arise or be documented, then they would take into consideration the fencing of those areas, if needed Ms. Irving stated she has seen some areas on the Chehalis Western trail that are fenced Mr. Welter said that is correct, but most of those areas have been fenced by private individuals or homeowners along the trail Mr. Welter then gave an example of an area which was near an airport, that is definitely a safety issue - so the County fenced it. Roberta asked what the width of the trail will be? Mr. Welter said generally it is 100 ft. across, but in some areas it is 200 - 400 ft wide Tom asked if there were any more questions from the public or the PC? None Tom said he is excited for the project, but wondered about the people who would like to jog or walk the trail before 9 am Tom asked if the County has a time frame for the trail area which is beyond the city limits? Mr. Welter said the County is waiting for the approvals to come from the City, because they are actually ready to start paving and get the trail developed all the way to Rainier Tom then asked how trestle areas are handled? Mr. Welter said that they re- deck the trestles with a wood decking, and they may build something with a "covered bridge look." Chuck Groth added that they also add a hand railing on the trestle areas for safety purposes Tom asked if there were any more questions? None Tom closed the public hearing at 4 35 P m 99-17 MOTION BY JOHN THOMSON, SECONDED BY GLENN BLANDO TO FORWARD THE SPECIAL USE APPLICATION FOR THE YELM-TENINO RAIL TRAIL TO THE CITY COUNCIL WITH A RECOMMENDATION FOR APPROVAL - BASED ON THE FINDINGS IN SECTION C, AND SUBJECT TOT HE CONDITIONS IN SECTION D OF THE STAFF REPORT MOTION CARRIED. Yelm Planning Commission December 20 1999' Page 2 c Public Hearing - Amendments to Chapter 15.32, Flood Damage Prevention - Applicant City of Yelm Proposal Revision of development standards for the placement of Manufactured Homes in flood plains and a new section providing development standards for the use and placement of Recreational Vehicles in flood plains Proiect location. City wide Tom opened the public hearing at 4 37 P m Tom then asked if any of the Planning Commission (PC) members had a conflict of interest? There was none Tom asked if any memberofthe Planning Commission had received any information priorto the hearing? No Tom asked the applicant if there were any conflicts of interest with any of the PC members? No Cathie Carlson then gave a staff report. Tom asked for any comments from the public? Roberta pointed out an error, instead of "elevated on foot" it should be "elevated one foot." John said, also on recreational vehicles tfl, it should be "designated to be self propelled or towable" Tom asked Cathie if the City anticipates any controversy from manufactured housing companies, or is it straight forward? Cathie said no there shouldn't be any conflicts with the manufactured housing companies, most communities have had this language for at least 3-5 years, and it gives the City more specific details in the ordinance c Tom asked if there were any further questions? None Tom closed the public hearing at 4 40 P m 99-18 MOTION BY ROBERTA LONGMIRE, SECONDED BY JOE HUDDLESTON TO FORWARD TO CITY COUNCIL A RECOMMENDATION FOR APPROVAL ON THE PROPOSED AMENDMENTS TO CHAPTER 15.32, BASED ON THE FINDINGS IN SECTION C MOTION CARRIED Other - Election of new officers - It was decided that this agenda item would be postponed until the next regular meeting, when more PC members are present to vote Meeting adjourned at 4 45 P m Respectfully submitted, Tom Gorman, Chair Date o Yelm Planning Commission December 20 1999 Page 3 VISITOR SIGN IN SHEET Please sign In and Indicate If you wish to speak at this meeting or to be added to the mailing list C to receive future agendas and minutes MEETING: YELM PLANNING COMMISSION DATE: December 20, 1999 TIME: 4 00 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS Public Hearing(s) 1 2 Yelm-Tenino Rail Trail Amendments to Chapter, Flood Damage Prevention NAMF R. AnnRFSS MAiliNG liST? I SPFAKI;R? . ~ ~ Po b 22:V '1~- ~~;\ (lAG\t\ ~~\\t{ ~)\N\ACj( \) { ~ \\0 tw t''3 (\ ~/ c o c c 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 City ofYelm Date December 14, 1999 To Yelm Planning Commission From Cathie Carlson, City Planner Re Case No CUP-99-8242-YL, Yelm-Tenino Rail Trail LIST OF EXHIBITS. Exhibit I - Site Plan Exhibit II - Public Hearing Notice Exhibit III - Determination of NonSignificance Exhibit IV - Comment Letters A. Public Hearina Obiective. The Planning Commission must determine if the proposed trail is consistent with the applicable City of Yelm Municipal Code(s) After consideration of the facts and public testimony the Planning Commission must take one of the following actions request additional information from the applicant and/or staff, continue the public hearing or make a recommendation of action to the City Council B. Proposal. The applicant has applied for a Special Use Permit to construct a paved trail surface, approximately 10 feet wide for bicycle and pedestrian use and Phase I of the Y elm- T enino Trailhead in downtown Yelm The paved trail connects Yelm and Rainier and is approximately 1 mile in length within the City limits of Yelm Phase I of the Trailhead contains the pedestrian path with minimal improvements, such as additional parking and landscaping c. Findings. 1 Proponent. Thurston County Parks and Recreation Department. 2 Location The Trailhead is located behind City Hall from Yelm Avenue West to Mossman Street The trail extends southwesterly to Rainier, of which approximately one mile is within the Yelm City limits 3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News on December 10, 1999, posted in public areas on December 7, 1999, and mail to adjacent property owners on December 7, 1999 4 Existino Land Use Vacant. 5 Adiacent Land Uses Commercial and residential between Yelm Avenue and Mosman Avenue From Mosman Avenue southwesterly' golf course, commercial, single family residential and vacant. Case No CUP-99-8242-YL, Yelm-Tenino Rail Trail PaQe 2 o 6 Zoning Chapter 1726, Commercial District (C-1) beginning at the Trailhead and extending southwesterly just beyond the Mill Road and Hwy 507 Intersection From there the zoning changes to Chapter 17 14, Low-Density Residential District, (R-4) and Open Space, Chapter 17 48 7 Transportation and Site Access. The public right-of-ways that intersect with the trail are Yelm Avenue, Mosman Avenue, Brighton Court, and 105th Avenue These locations provide public access The applicant will install bollards and/or fencing at these points to eliminate vehicular access to the trail and warn pedestrians of the street crossing No parking is proposed at these locations The principal access is located at the Trailhead behind City Hall Consistent with City of Yelm Ordinance 580, Concurrency Ordinance, a County Park generates 2 04 new pm peak hour trips The 2 04 trips are subject the City's Transportation Facility Charge of $750 00 per new pm peak hour trip 8 Parking The existing parking areas for City Hall and the Library contain three handicapped stalls and 32 full size parking stalls The applicant is proposing to enlarge the parking area to the south of the library by approximately eight stalls (final count upon final design of parking area) Chapter 17 72, Off-Street Parking and Loading, allows for uses to share parking area's if their peak usage occurs at different times The peak time of use for the trail occurs on 0 Saturday's and Sunday's and on summer evenings The peak time of use for City Hall is Monday through Friday from 8 00 a m to 5 00 p m and the Library's busiest time is on Tuesday afternoons Because of the significant differences in usage patterns the total of 40 (32 existing - 8 new) parking stalls and three handicapped parking stalls should be adequate for all users 9 Wastewater No restroom facilities are proposed with this phase of the project, therefore City Sewer service is not required 10 Water Supplv Water needs at this time are solely related to landscape irrigation The City's water reclamation lines are located along Mossman Street and the project will connect to those lines for irrigation No potable water is required for this phase of the project. 11 DrainaQe/Storm water The City has concluded that the previous use as a train rail bed is impermeable from water, therefore the trail right-of-way is classified as an impervious surface The paved area of the trail is being constructed over the existing impermeable surface which will not increase the impervious surface Therefore stormwater treatment and facilities will not be required 12 Police Protection Police protection is provided by the City of Yelm 13 LandscapinQ and Veoetation Plan As required by Chapter 17 80, the applicant is 0 required to provide on-site landscaping The applicant has indicated plans to fully landscape the trail from the area were the paved section begins (behind Harding c o c Case No CUP-99-8242-YL, Yelm-Tenino Rail Trail PaQe 3 Green's) to Mosman Avenue The section from were the paved trail begins (behind Harding Green's) back to Yelm Avenue would be left unimproved in the short term The applicant has proposed planting grass in this area sometime prior to the end of 2000 14 Maintenance. In addition to the landscape maintenance, litter control will be necessary Thurston County Parks and Recreation Department will maintain the trailhead area on almost daily during the high use season Off season maintenance will be provided as needed 15 Environmental Review After review of the environmental checklist, a Determination of NonSignificance (DNS) was issued on November 22, 1999 The comment period expired on December 6, 1999 D. STAFF RECOMMENDATION Staff recommends that the Special Use Application for the Yelm-Tenino Rail Trail, be approved, based on the findings in Section C, and subject to the conditions in Section D of this report and forwarded to the City Council for final action 1 The applicant shall submit a final parking lot plan for approval by the Public Works Department. 2 The applicant shall mitigate traffic impacts to the transportation system Mitigation includes payment of the Transportation Facility Charge (TFC) for 204 pm peak hour trips generated by the project. The total TFC of $1530 00 is payable at building permit issuance 3 The applicant shall submit a final landscape and irrigation plan to the Planning Department for review and approval ---------', . . , , ' , \. ...., , , , , , , \, \ , , \'" ,TRAILHEAD PARKING LAYOUT II" ... \ , , , . , , , \, I I, , . ' I I I I I I I I I ' I I I . I I ~ I I I I '. I , . , , , \ c: O re:~.o . Jf:)CMn'" --'^"-.,.!:._~.... - " \ \\ I I \ \ . 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Monday, December 20,1999,4:00 p.m. Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA Public Hearing to receive comments on a Conditional Use Permit, Case #CU P99-8242- YL APPLICANT: Thurston County Parks and Recreation Department PROJECT LOCATION: Yelm-Tenino Rail-Trail, Yelm, WA The Yelm Planning Commission will hold a public hearing to receive comments on a conditional use application to construct approximately one-mile of paved trail surface, ten feet wide The trail will connect Yelm and Rainier and is designed for bicycle, pedestrian and equestrian use Testimony may be given at the hearing or through any written comments on the proposal, received by the close of the public hearing on December 20,1999. Such written comments may be submitted to the City of Yelm at the address shown above or mailed to City of Yelm, 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 Cathie Carlson at 458-8408 The City of Yelm provides reasonable accommodations to persons with disabilities If you need special accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72 hours before the meeting ATTEST City of Yelm (jj& <4 jJ Vi E/ Ii... (( Lr Agffi9's Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News Friday, December10, 1999 Posted in Public Areas Tuesday, December 7, 1999 Mailed to Adjacent Property Owners Tuesday, December 7, 1999 o Exhibit 11I- Determination of Nonsignificance City of Yelm Case # CUP-99-8242- YL December 8, 1999 () City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 SEPA NO' 8242 DETERMINATION OF NONSIGNIFICANCE Proponent: Thurston County Parks and Recreation Department Description of Proposal: Construction of approximately one mile of paved trail surface, 10 feet wide connecting Yelm and Rainier The trial is designed for bicycle, pedestrian and equestrian use. Location of the Proposal: Yelm-Tenino Rail-Trail SectionfT ownship/Range: Sections 19, 24, 25, Township 17N Range 2E, and Sections 25, 26, Township 17N, R1E. The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment. Therefore, an environmental impact statement (EIS) will not be required under RCW 43.21C 030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency This information is available to the public on request. Threshold Determination. c Conditions/Mitigating Measures: None Lead agency' Responsible Official: City of Yelm Shelly Badger, City Administrator Date of Issue: Comment Deadline. November 22, 1999 5'00 pm, December 6, 1999 This Determination of NonSignificance is issued pursuant to Washington Administrative Code 197-11-340(2) The City of Yelm will not act on this proposal prior to 500 pm, December 17, 1999 Comments must be submitted to Catherine Carlson, City Planner, at City of Yelm, 105 Yelm Ave W POBox 479 Yelm WA 98597 by 5 '00 pm, December 6 1999 You may appeal this determination to the Yelm City Council at above address, by submitting a written appeal no later than 5'00 p m. December 13 1999 You should be prepared to make specific factual objections. Contact Agnes Bennick, City Clerk, to learn more about the procedures for SEPA appeais, This DNS is not a permit and does not by itself constitute project approval The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (1408), 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 o DO NOT PUBLISH BELOW THIS LINE Published, Nisqually Valley News, Friday November 26 1999 Posted in public areas: Monday, November 22, 1999 Copies to' Monday, November 22, 1999 - Dept. of Ecology All agencies/citizens on SEPA mailing list and adjacent property owners, Exhibit IV - Comment Letter City of Yelm Case # CUP-99~8242~YL December 8, 1999 Il~T, -{ - ;-,-; l~ C5 wW 1 (I 1999 Cl Prairie Law Center I~, *Member of the B3r In Oregon lad WlShlngton P O. Box 2250 70tA Prairie ~ lane Yelm WA 98597 360-458-9524 fax 360-458-9552 Nancy Irving P.e., Attomey at lAw- Claudia]. Westbrook, Legal AssIstant November 16,1999 Cathie Carlson City of Yelm PO Box479 Ylem WA 98597 Re Notice of Application; CUP -99-8242-YL Greetings: I represent Minnie E. Harding and Harding Greens, located at the intersection of Washington Avenue and Railroad Avenue. Mrs. Harding and members of her family live and work at that location, The Hardings' home and business is adjacent to the proposed driveway which leads to a proposed parking lot for the Yelm-Tenino Rail Trail. The Hardings would be negatively impacted should this be allowed to be built. o The Hardings for the last thirty years have maintained their 30' half of this unopened part of Washington Street and it has been part of their yard The Hardings have a claim to that land. The residential part of their property would be just a few feet away from the proposed driveway They have already had increasing problems with unsavory activity along the railroad right of way Presently, people loiter and hang out there for no apparent purpose. If the driveway and parking lot is built at this particular spot it will only attract more unsavory activity at all hours of the day and night and endanger the Hardings' home and business. The Hardings' bedrooms are on that side of the house and they are quite sure that there will be substantially more noise from cars and trucks in the evenings at this proposed parking lot. Having a major trailhead at their front door will increase traffic at an intersection that is already confusing because of the jog in Railroad Avenue With the two City parking lots nearby and the Hardings' need for access, it would mean yet another traffic hazard within a few feet of several driveways and a curve in the road It's not a good place for access. For a.1I of the above reasons, the Hardings ask the City to deny this Application an~ to consider another location, such as at Mosman Avenue on the southwest side which would not have the impact on businesses and residents that this particular ' proposal holds. Sincerely, ~ o cc: Minnie E. Harding Harding Greens () c~ () Exhibit IV - Comment letter City of Yelm Case # CUP-99-8242-Yl December 8,1999 Yelm Planning Commission PO Box 479 Yelm, WA 98597 Dec. B, 1999 TI EC~D"~ n ",. 0 EC - 9 1999 ,U ~ RE: Proposed Paved Trail Case CUP99-8242-YL City of Yelm: Regarding the proposed paved trail between Yelm and Rainier for bicycles, pedestrians, and equestrians, WHO IS GOING TO KEEP THE DEBRIS AND LITTER CLEANED UP WHICH WILL BE THROWN BY PEOPLE? Sincerely, 9~ James Slopak PO Box 847 Yelm, WA 98597 o City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 Date December 14, 1999 To Yelm Planning Commission From Cathie Carlson, City Planner Re Amendments to Chapter 15 32, Flood Damage Prevention L1STOF EXHIBITS Exhibit I - Proposed Amendments Exhibit II - Public Hearing Notice Exhibit III - Determination of NonSignificance A. Public Hearing Obiective. The Planning Commission must determine if the proposed amendments are consistent with the Yelm Comprehensive Plan and applicable City of Yelm Municipal Code(s) After consideration of the facts and public testimony the Planning Commission must take one of the following actions request additional information from the C staff, continue the public hearing or make a recommendation of action to the City Council B. Proposal. The proposed amendments include development standards for Manufactured Homes (new or existing) in flood zones and a new section for Recreational Vehicles placed on sites (as living accommodations) within a flood zone These standards are not applicable to Recreational Vehicles that are stored in a flood zone Attached as Exhibit I are the proposed amendments Text which is underlined is new language and text that is struck through indicates text that will be deleted C. Background. The City of Yelm participates in the National Flood Insurance Program Because our community participates in the program, property owners are eligible to purchase low cost flood insurance As a condition of Yelm's participation, the City must mair:ltain an Ordinance for Flood Damage Prevention, which meets minimum standards established by the Federal Emergency Management Agency The proposed amendments are minor changes, that FEMA has adopted, since the City originally joined the program in 1990 D. Findings. 1 Proponent. City of Yelm 2 Location City wide were flood zones exist. 3 Public Notice Notice of the Public Hearing was published In the Nlsqually Valley News on December 10, 1999, posted In public areas on December 7, 1999 c 4 Existinq Land Uses Residential, Industrial, Commercial, Vacant. 6 Zoninq Chapter 17 26, Commercial District (C-1), Chapter 17 28, Large Lot Commercial, Chapter 17 40, Industrial District, Chapter 17 12, Low Density Residential (R-4), and Chapter 17 15, Moderate Density Residential (R-6) 7 Environmental Review After review of the environmental checklist, a Determination of NonSignificance (DNS) was issued on December 6, 1999 The comment period expired on December 20, 1999 8 Comprehensive Plan Chapter XII, Environment provides the following policy' The City adopts the FEMA flood hazard maps for reference purposes and any development in a floodplain must be consistent with FEMA guidelines and such additional regulations as adopted by the City Filling floodplains is discouraged unless necessary to meet a public purpose No development should be allowed in any floodway D. STAFF RECOMMENDATION Staff recommends that the proposed amendments to Chapter 15 32, be approved, based on the findings in Section C, and forwarded to the City Council for final action C) C) o Exhibit 1- Proposed Amendments City of Yelm Chapter 15.32, Flood Damage Prevention December 14, 1999 c Chapter 15.32 Flood Damage Prevention Amendments New Definition: ~ "Recreational Vehicle" means a vehicle which is . ill built on a sinale chassis, ill 400 square feet or less when measured at the laraest horizontal proiection, Ql Desianed to be self-propelled towable by a liaht duty truck: and ill Desianed primarily not for use as a permanent dwellina but as temporary Iivina Quarters for recreational. campina, travel. or seasonal use. Amend Section 15.32.120 and .140 as follows Section 15 32.120 Development permit - Application A. Certification by a registered professional engineer. surveyor, or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in Section 15 32.250; and Section 15 32.140 Duties and responsibilities of the planning department. B Alteration of Watercourses 1 Notify adjacent communities and the Washington State Department of Ecoloay fisheries prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, C Delete and Replace Section 15.32.270 Delete. Section 15 32 270 Manufactured homes All manufactured homes to be placed or substantially improved within zones A 1 - 30, All, and A[ on the community's r1RM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more abo.ve the base flood ele'v'ation; and be securely anchored to an adequately anchored foundation system in accordance with the pro'..;jsions of Section 15 32.180 (0) Replace with Section 15.32.270 Manufactured homes. A. All manufactured homes to be placed or substantially improved within Zones A1-A30, AH and AE on the community's FIRM on sites. 1. Outside of a manufactured home park or subdivision, 2:. In a new manufactured home community or subdivision ~ In an expansion to an existina manufactured home community or subdivision, or 4. In an existina manufacture home community or subdivision on which a manufactured home has incurred "substantial dama" as the result of a flood, o shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated on foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement. Exhibit 1- Proposed Amendments City ofYelm Chapter 15.32, Flood Damage Prevention December 14,1999 :) '---- B. Manufactured homes to be placed or substantially improved on sites in an existinq manufactured home community or subdivision within Zones A 1-A30, AH. and AE on the community's FIRM that are not subiect to the above manufactured home provisions be elevated so that either: .1. The lowest floor of the manufactured home is elevated one foot above the base flood elevation, or 2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strem;:!th that are no less than 36 inches in heiaht above arade and be securely anchored to an adequately anchored foundation system to resist flotation. collapse and lateral movement. At a minimum a "reinforce pier" would have a footina adequate to support the weight of the manufactured home under saturated soil conditions which may occur during flood. In addition. if stacked concrete blocks are used. vertical steel reinforcing rods should be placed in the hollows of the blocks and those hollows filled with concrete or high strength mortar. In areas subject to hiqh velocity floodwaters and debris impact. cast-in-place reinforced concrete piers may be appropriate. () '~ New Section. Section 15.32.270 Recreational Vehicles. Recreational Vehicles placed on sites within Zones A 1-A30, AH, and AE on the community's FIRM either: .1. Be on the site for fewer than 14 consecutive days, and 2. Be fully licensed and readY for highway use, on its wheels or iackina system. is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or ~ Meet the requirements of Section 15.32.270 above and the elevation and anchorina requirements for manufactured homes, CI r,------: - .-- Exhibit 11- Public Hearing Notice City of Yelm Chapter 15.32, Flood Damage Prevention December 14, 1999 c NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION DATE PLACE: PURPOSE Monday, December 20,1999,4.00 p.m. Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA Public Hearing to receive comments on proposed amendments to Yelm Municipal Code, Flood Damage Prevention, Chapter 15.32. APPLICANT. City ofYelm PROJECT LOCATION: City wide. The Yelm Planning Commission will hold a public hearing to receive comments on proposed amendments to Yelm Municipal Code, Flood Damage Prevention, Chapter 15 32. The amendments include revised development standards for the placement of Manufactured Homes in floodplains and a new section providing development standards for the use and placement of Recreational Vehicles in floodplains c Testimony may be given at the hearing or through any written comments on the proposal, received by the close of the public hearing on December 20, 1999. Such written comments may be submitted to the City of Yelm at the address shown above or mailed to City of Yelm, 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 Cathie Carlson at 458-8408 The City of Yelm provides reasonable accommodations to persons with disabilities If you need special accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72 hours before the meeting ATTEST City of Yelm t;>>" '/ t1 ri""d Ag~ Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News Friday, December 10, 1999 Posted in Public Areas Tuesday, December 7, 1999 c Exhibit 11I- DNS City of Yelm Chapter 15.32, Flood Damage Prevention December 14,1999 C) Proponent: Description of Proposal: Location of the Proposal: SectionfT ownship/Range Threshold Determination, Conditions/Mitigating Measures: Lead agency' Responsible Official. Date of Issue. Comment Deadline, City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 SEPA NO' 8244 DETERMINATION OF NONSIGNIFICANCE City of Yelm Amendments to Chapter 15 32, Flood Damage Prevention to include revised development standards for the placement of Manufactured Homes in floodplains and a new section providing development standards for the use and placement of Recreational Vehicles in floodplains, City wide, City wide The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment. Therefore, an environmental impact statement (EIS) will not be required under RCW 43.21C 030(2)(c) This decision was made after review of a completed environmental checklist and other information on file with the lead agency This information is available to the public on request. () None City of Yelm Shelly Badger, City Administrator December 6, 1999 5'00 pm, December 19,1999 This Determination of NonSignificance is issued pursuant to Washington Administrative Code 197-11-340(2) The City of Yelm will not act on this proposal prior to 500 pm December 20, 1999 Comments must be submitted to Catherine Carlson, City Planner, at City of Yelm, 105 Yelm Ave W, POBox 479, Yelm, WA 98597, by 5'00 pm, December 19,1999 You may appeal this determination to the Yelm City Council, at above address, by submitting a written appeal no later than 5 00 pm., December 27, 1999 You should be prepared to make specific factual objections, Contact Agnes Bennick, City Clerk, to learn more about the procedures for SEPA appeals, This DNS is not a permit and does not by itself constitute project approval. The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (1408), 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 DO NOT PUBLISH BELOW THIS LINE Published Nisqually Valley News, Friday, December 10,1999 Posted in public areas Monday, December 6, 1999 Copies to Monday, December 6, 1999 - Dept. of Ecology All agencies/citizens on SEPA mailing list c~ (; L_ City of Yelm YELM WASHINGTDN 105 Yelm Avenue West POBox 479' Yelm, Washington 98597 (360) 458-3244 AGENDA CITY OF YELM PLANNING COMMISSION MONDAY, DECEMBER 20,1999400 P M YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W 1 Call to Order, Roll Call, Approval of Minutes - October 18, 1999, 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 Hearing - Yelm-Tenino Rail Trail Applicant: Thurston County Parks and Recreation Department Proposal Construct 10' pedestrian trail and Phase I of the Yelm Trailhead Project Location Yelm/Southwest Yelm Staff report enciosed C4 Public Hearing - Amendments to Chapter. Flood Damage Prevention Applicant: City of Yelm Proposal Revision of development standards for the placement of Manufactured Homes in floodplains and a new section providing development standards for the use and placement of Recreational Vehicles in floodplains Project Location City wide Staff report enclosed 5 Other" 6 Adjourn - Enclosures are available to non-Commission members upon request If you need special arrangements to attend or participate in this meeting, please contact Yelm City Hall, at 458-3244 NEXT REGULAR MEETING, TUESDAY, JANUARY 18, 4 00 P M C c c c Motion No. 99-14 YELM PLANNING COMMISSION MINUTES Monday, October 18, 1999 YELM CITY HALL COUNCIL CHAMBERS The meeting was called to order at 4 03 p m by Glenn Blando Members present: Glenn Blando, Margaret Clapp, E.J. Curry, Joe Huddleston, Bob 150m, Ray Kent, John Thomson. Guests Mary Lou Clemens, Diane D'Acuti, Jim Enlow, Ted & Audrey Foreld, Bill Hashim, Ann Kennedy, Frank Kirkbride, Lida Lucyshyn, Bill & Debbie Moss, Kelan Moynagh, Erna Powers, Matthew Schubart, Richard Slaughter, Steve Speidel, Dennis Su, Sid Willuweit, Gretchen Yoder, Jeanine Yoder Staff. Shelly Badger, Cathie Carlson, Ken Garmann, Dana Spivey Members absent: Tom Gorman, Roberta Longmire Approval of Minutes. MOTION BY RAY KENT, SECONDED BY MARGARET CLAPP TO APPROVE THE MINUTES OF SEPTEMBER 20,1999. MOTION CARRIED. Public Communications' There were none Public Hearing' Southwest Yelm Conceptual Master Plan, Applicant: DragtlDeTray and Thurston Highlands Associates Proposal" Conceptual Master Plan for 1860 acres with a residential density between 4800 - 5000 units (max. 5000 units - min 3946 units) The proposal Includes 2 golf courses, 37 acres of parks and open space, 31 acres for schools and 30 acres for buffers and rapid infiltration areas for water reuse Project location. Southwest Yelm Glenn Blando opened the public hearing at 405 P m Glenn asked if any of the Planning Commission members had a conflict of interest? There was none Glenn asked if any member of the Planning Commission had received any information prior to the hearing? Bob Isom said he had, because he is an adjacent property owner to the project Glenn asked the applicant/representatives if they had any conflicts of interest with any of the other PC members? The answer was no Cathie Carlson gave the staff report, beginning with the history of the project, concluding with staff recommendations Glenn asked for comments from the applicants/representatives Steve Speidel of RW Thorpe & Associates, spoke on behalf of Thurston Highlands Associates Mr, Speidel stated the company Yelm Planning Commission October 18 1999 Page 1 c mailing address for the record, and gave a presentation, whIch started with a large color conceptual master plan (posted on the wall/white board, for everyone to see) - Similar to the Original master plan as proposed, and a different color graphic was handed out to all Planning Commission (PC) members This graphic detailed some of the wetlands that have been mapped In the past as they relate to the conceptual master plan, these graphics will be further mapped and IdentIfied as far as exact locations are concerned before any final master plannrng or development will happen on the site c Mr. Speidel stated that a main concern of hiS IS item 4B, page 11 of the staff report, the limiting of 15,000 square feet of commercial use to the small 5 acre commercial area around the golf course/club house, (Mr Speidel pOinted this area out on the large map) The other commercial area (larger commercial area on map) has as much as 330,000 square feet of commercial use, which works out to approximately 11,000 square feet of commercial area per acre, Mr. Speidel said that it seems rational to allow the 5 acre area to have as much as 55,000 square feet of commercIal use In it. Mr. Speidel reaffirmed that they do not wish to draw commercial opportunities from the center of town out to this area, but simply provIde for the people that will live in this area Mr. Speidel suggested the 15,000 sq ft in the small commercial area be limited to the building of the first 2500 units, after that, the full 55,000 sq ft could be implemented - comparable to the other commercial area Mr. Speidel stated that his hopes are to create a "mini" commercial area - a minr "old town" per the city's guidelines - an area for those living close by in the town homes - so they don't have to get in their cars and drive to take care of small errands etc Mr. Speidel stated that he IS available to answer any questions, and then he asked the Plannrng Commission and staff to consider this proposal and concluded by thanking everyone for their time Frank Kirkbride, With the Kirkbnde Group, representing the Dragt/DeTray portion of the project, approximately 220 acres in the East section of the Thurston Highlands proJect. Mr. Kirkbride stated hIS business address for the record, and said that like Mr Speidel, he and hiS associates have also been working with the City of Yelm and the local communrty for a number of years, planning a community that we can all be very proud of Mr. Kirkbride stated the plans that will come as a result of the conceptual approval wIll certainly reflect the guidelines that city staff has shared today, and Mr Kirkbride's goal IS to take it a step further, with consIderable passIve recreation, considerable wetland and wildlife habitat protection and enhancement. The community that is being planned will be a very comfortable, traditional type neighborhood Primary emphaSIS will be on quality of life issues, and also to try to minimize any impacts to the rest of the c Yelm Planning Commission October 18, 1999 Page 2 c community Mr. Kirkbride stated that his company has acknowledged each element of the conceptual approval, they don't necessanly like them all - but given the regulatory process that they are In, they accept them Mr. Kirkbride stated that his company and clients are very anxIous to move forward with the Master Plan approval, and then the first phase of their project - as soon as these conceptual approvals are granted Mr. Kirkbride stated that he dId not bnng a map and plan of their project, but he is available to answer any questions Mr. Kirkbride thanked the Planning Commission and staff for theIr time c Glenn asked If there were any questions or comments from the public? Erna Powers of Cullens Road, Yelm, asked if property taxes will be raised, and if the Police Department will increase their force? Cathie reaffirmed - yes It will create additional services for the Police Dept. and the Fire Dept., when the applicants come in for final master plan approval - they will need to identify With each phase what the impacts will be and when or If mitrgation is needed Cathie stated that everyone here today will have the opportunity to see all the information presented, and will be able to comment. Cathie reiterated that all the answers are not fine-tuned yet, but staff will not forget. (PC member Bob Isom left at 5 00 pm) Cathie explained the property tax Issue Shelly Badger added, every time the county assessor visits properties to reassess them for value, they take Into consideration what's gOing on In the vicinity, every time this happens the potential exists that the appraised value may go up or down Shelly said that there are many considerations factored into property values going up or down, and the city does not have complete control over thiS Kelan Moynagh of 93rd Avenue, Yelm, stated that he IS requesting the whole project be stopped completely, then read hiS comment letter A copy of Mr Moynagh's comment letter was accepted by Glenn Blando and entered Into the record by Planning CommiSSion Administrative ASSistant, Dana Spivey c Diane D'Acuti of 93rd Avenue, Yelm, questioned the checklist. Ms. D'Acutl asked about question #7 "EnVironmental Health" - any environmental hazards etc , and special emergency services required? Ms. D'Acuti stated the answers are "No" and "None required" - she questions these answers since a possible 5000 units are going to be added Ms. D'Acuti understood Cathie Carlson's explanation earlierofthe phaSIng process, but is concerned that the Initial response IS "no" and "none reqUired" Instead of reflectIng the phasing explanation? Ms. D'Acuti also inquired about the question "Do you have proposed measures to Insure the proposal is compatible with existIng and projected land uses and plans If any?" - the response IS "usIng the eXlstrng land use regulations" - however, staff indicates that this is something Yelm Planning Commission October 18 1999 Page 3 c that is going to be going on in continuum Ms. D'Acuti stated that this too is a concern, If an existing plan is going to be used now, in ten years It won't work, is It an existing plan that is updated every year, is It a plan that IS looked at every two years? Something that is used now, isn't necessarily gOing to be effective five years from now Ms. D'Acuti added, in the transportation section, the reference asking about the streets and highways serving the site, did the Y2N3 or any of the studies consider the possible extra 5000 units in the plan? Ms D'Acuti is concerned because as she drives down the street now, she sees everyone coming out of Berry Valley Road She then asked about the question regarding "trips per day generated by this completed project" - every answer says "see environmental impact statement(EIS)," which was expired July 1994 Cathie clarified that the EIS is not expired Ms. D'Acuti then asked how can the EIS still be used from five years ago? Five years is not that long, many things can happen in five years, an example is the fact that Yelm now has three traffic lights - in the last five years If the EIS is a continuum, something needs to change, the environmental Impact has changed - she is concerned that it says "there are no mitigating circumstances which would cause another check on the environmental Impact, she thinks the Impact IS tremendous Ms. D'Acutl stated that she has seen the growth In town in the last five years, and now thiS project IS talking about adding more people than there are In Yelm right now, even though It IS over a continuation of time Ms. D'Acuti asked about how everything will be done at "final master plan approval" - shouldn't all these issues be addressed now, before it gets to final master plan approval, because it seems these people will have done a lot of work, and they could possibly come up to something that would negate it when it could be handled earlier? - According to the papers, a start date of Spring 2000 is listed, that IS only 6 months away, Ms D'Acut, said Cathie addressed this question, saYing that is what the Initial environmental Impact statement did, a broad look at the property and the project. The EIS identified all those Issues, when It gets more site specific about lot layout, location of utilities etc, exact mitigation will be determined Cathie stated she only has one copy of the EIS, but anyone is more than welcome to come take a look at it and make copies etc c Ms. D'Acutl added that she IS personally concerned about the flooding issue of Thompson Creek, to date nothing has been done about the creek. The impact is there, we've gone year after year, we've got more people here and a now a larger hOUSing development IS coming, and the eXisting environmental Impact statement Will be used, that is her main concern c Bill Hashim, of 93rd Avenue, Yelm, stated he has been dOing environmental management for about 25 years, currently work for the WA. State Department of Ecology - have just drafted the statewide water quality plan Yelm Planning Commission October 18 1999 Page 4 c Mr. Hashim stated that he knows a little about land uses and water quality problems, he would like to address this issue on two fronts One IS on environment, the other on social and cultural impacts Mr. Hashim continued saYing he has come upon this project In the eleventh hour, he hasn't had time to look at many of the documents, but someone came to him a 1 % weeks ago claiming a 5000 unit project is gOing to take place, and the city has declared It non-significant with some mitigation's - so he started looking Into it Mr. Hashim said he looked at the EIS and he has an Issue with process, he has worked with SEPA before, he thought you should have an environmental checklist first, a deCision IS made by a responsible official - which either trigger or doesn't trigger an EIS, and with thiS project It seems there is an EIS first and then a checklist? Mr. Hashim doesn't understand how thiS process was developed for the city, and then stated that he plans to file an appeal with the Thurston County Land Use Board, for process sake He then went on - to say that after looking at some land-use maps, it seems the whole area IS aqUifer recharge area, either critical category 1 or extreme category 2, if anyone knows anything about storm water runoff, golf courses are the worst users of chemicals of almost any land use in America - there's no protection for the ground water - he doesn't know how much ground water is being used by the City ofYelm, but suspects it is substantial This whole area was probably not a good area to be annexed in the first place, but Mr Hashim knows that IS a mute issue He continued, the person who developed the checklist claimed there are no storm water impacts, but there is no technology in America that can stop storm water impacting both surface and ground water, the manual will make that claim also He stated that a project of this size should automatically trigger an EIS Mr. Hashim stated, hiS other major Issue is the culture ofYelm - right now Yelm is an ugly little crossroad in the middle of Thurston County - part of downtown Yelm is for sale, actually a significant portion of downtown is for sale, he doesn't know who is responsible - the city councilor the planning commission - but it simply hasn't been taken care of, and what the city is dOIng, is transferring the responsibility for care of Yelm to the developers, and that doesn't work Mr. Hashim said he would like to see everyone start from where we are at, beautify Yelm as we work our way out, instead of moving the City of Yelm some place else and abandoning the downtown Mr. Hashim stated that Steve Craig from the Yelm Visioning Committee, said "they [the city] have already abused the visioning goals - what makes them think they are going to be any kmd of checks and balances for this new development?" Mr. Hashim stated he suspects there won't be c Ms. D'Acutl said she understands the city does a conceptual master plan, and the company or applicants do a conceptual plan - If the company dOing the conceptual plan owns the property - isn't that a conflict of interest? Cathie said the city does not do a conceptual plan, that IS private property and it's c Yelm Planning Commission October 18, 1999 Page 5 c the same as If anyone came In and wanted to develop their property under the city's rules and regulations - they do the application, its part of their application to do a plan Ms. D'Acuti asked - so when it IS called a Yelm Conceptual Master Plan, its not the city dOIng the plan - the city hires someone to do the plan? Cathie said no the city does not hire anyone, it's the responsibility of the property owners who are applying for the land use permit to do the plan Margaret Clapp said that maybe some of the confusion is that the city has the Comprehensive Plan - which they [city] have done for Yelm, and the conceptual master plan that the developers do for their property Cathie explained the differences between the city's Comprehensive Plan and a conceptual master plan Jim Enlow of Longmire Street, Yelm, asked if the traffic problem is going to be addressed before more houses are built? Cathie said yes, most definitely Mr. Enlow asked If Y1, 2 & 3 are going to be In place before the houses start gomg in? Shelly said not necessarrly c Bill Moss of 93rd Avenue, Yelm, stated that Thompson Creek cuts right through his property, and It has been stated that the substantial flooding took place in 1996, but every year since 1996 he has had Just as much floodIng or worse, and Its because of the shores or banks of Thompson Creek eroded when the bad '96 flood came Mr. Moss said that since that has happened, that has increased a lot of wetlands along Thompson Creek, wIth all of this new projected development - it seems there will be even more runoff gOing down Thompson Creek, which Will increase the floodIng Mr. Moss wants to know what they can do if the applicants go on with theIr projects - who is going to pay for the damages that are caused to his and others properties along that creek when it floods worst than it does now? Mr. Moss stated that they [himself and other home owners] have held several meetings to find out what they can do to make that creek flow better, and as far as all the environmental people associated with the due process to do something about It, they say there is nothing that can be done He said, every year they just have to deal with the flooding, and now all these new houses will come In above us with roofs and pavement pushing water down to us even faster Cathie said she would address this Situation to the best of her ability It is a very intricate system, the hydrology of the ground water, the surface waters and that is one of the major issues and studIes that we will be looking at, the interconnections of systems and With the additIon of pavement and rooftops and where the storm water goes - how it moves underground so that we don't Increase runoff to Mr Moss and the other homeowners The city needs to deal WIth that onsite Shelly added that when we know the specIfic's of the development and the phases, the city will ask the developer to show the city WIth studies and actual on the ground work, what will be done to keep floodIng from happening c Yelm Planning Commission October 18, 1999 Page 6 c Mr. Moss said that he can understand what Cathie and Shelly just said, there will be studies and findings and the city will approve all of it, but the water will stili increase - then who is gOIng to take care of the homeowners and our road when it still floods? He said that every winter he has to dnve through water, and it ruins his vehicles every year Steve Speidel addressed Mr Moss, stating that one of the things in the DOE manual and other storm water manuals is that when a piece of property IS developed - a study has to be done of how much water is falling on that piece of property and where the water is released from, the direction the water goes, where the release points are - the concept is - what all engineers and public works departments are all stnvlng for IS that the development will not impact that flow and create any more water flowing or change the place that It goes from, so there may be a problem now, and this problem may not be addressed or fixed With thiS particular development process that we are talking about but the theory IS that it will not be exasperated by the development. A lot of work Will be done to make sure the problem is not worsened, there will be more additional Information and maybe through the mitigation process the city Will say because of this problem and because the overall development IS happening In the area - maybe the culvert size could be Increased or another piece of property could be used to create a baSin where storm water can Sit - its very possible some of these things could happen to address the problem c Mr. Moss stated that one of his pOints is that the developers are ok with this 5000 unit project, and they [Mr Moss and other homeowners] couldn't even get an ok to dig out a ditch to alleviate the flooding problem Mr. Speidel said that is not true, if anything came up in any analysis that could potentially cause any more Impact than is currently gOing on, there wouldn't be any approval Shelly stated that a key point to remember is that the city IS not giVing any development approval today, penmeters are being set for the development of these properties to apply under for all the detailed studies to be done, all of these issues have to be addressed before the city could ever give development approval Debbie Moss of 93rd Avenue, Yelm, asked where the head waters are of Thompson Creek? Ms. Moss also added that golf courses don't filter their water, all the pesticides come With the water - right down to Thompson Creek and eventually into Nlsqually River Ray Kent said that the head waters of Thompson Creek are near Hobby Street and 123rd Avenue, Yelm, (in the county) There was diSCUSSion by members of the public (who did not state their names for the record) Cathie stated that one thing that will be done for thiS project, because of the magnitude and complexity of It, the city Will be hiring other consultants/specialists to review documents prepared by the app Ilca nts/deve lope rs c Yelm Planning Commission October 18, 1999 Page 7 c c Matthew Schubart, stated that a development like this could be done well for everyone's benefit, he is very new to all of thiS - hasn't had time to read everything on It - but he IS interested in the comment made about conflict of interest, from a technical standpoint - in the city's subdivision bylaw the topic of conceptual master plan says "the purpose of conceptual review or approval is to establish general land use policies," Mr. Schubart has trouble With a private developer making an application to do a conceptual master plan, for a determined land use policy - that should be the business of the municipal organization Mr. Schubart stated that maybe he is incorrect on this, but he understood it as after the city performs a conceptual master plan in conformance With the comprehensive plan, then a developer makes an application for a subdiVision within that zone or area of the conceptual plan and that gets approved and that becomes their personal standard Mr. Schubart said that he understands there has not been any application for a subdiVision from anyone - therefore thiS is all "pipe dreaming" and we're all Sitting here talking about things that have not been applied for Mr. Schubart stated he doubts seriously that the City of Yelm has a binding agreement With any of those property owners out there that prohibits them from changing their plans, he has observed for the last 8-10 years that the Thurston Highlands property has changed consortiums one or two different times, hiS pOint being it could change again tomorrow - everything could change tomorrow, he wanted to remind everyone that there has not been a subdivision or development application and it all could change Mr. Schubart said that he does not see any proVisions In the subdivision ordinance or other ordinances where an actual policy has been defined - and If there Isn't a written poliCY - then they don't stick. Everyone has great Ideas, but the City of Yelm may not have anything to pass because there Isn't anything in writing For example, the police Issue - it is not for a developer to decide on police, schools or public works - there isn't anything in writing that says that more police will be added to the force etc - isn't it the law? Cathie said that's what this conceptual approval process is about - this IS the writing Mr. Schubart said that is not a binding agreement - it is vague and capricious and can not be construed as law Cathie stated It is conceptual approval for the property, It runs with the land - in order for them to come back and do final master plan approval Mr. Schubart said again, those are great ideas but it doesn't say how it is gOing to happen - as long as everyone IS agreeing It is all fine - but the profeSSionals here today can not speak in a binding fashion for the developers Shelly stated that it IS important to remember that they do not have to speak In a binding fashion, the city IS conSidering this as a planning commission recommendation to the city council - the city council's approval becomes the binding framework for the development - whether the developer likes It or not. Margaret Clapp added that what they are binding to is that the details are gOing to be worked out later - the traffic c Yelm Planning Commission October 18, 1999 Page 8 c studies, the mitigation fees etc Mr. Schubart stated that he is Just trying to warn the City, the conceptual plan will be passed but It is so vague - there IS no formula of gUideline or policy that the City has outlined - which the developers could follow - so that they know what they have to do, so the City knows what they will get. Cathie the next step, the "Final Master Plan approval," will give the City the foundation The first step, the "Conceptual Plan approval," creates the "bubble" and the criteria which the next step can be accomplished in - then the next step "Final Master Plan approval" - gives the City, Mr. Schubart interupted and asked, then how can the gentlemen here today - actually do the business of deciding how to scope out all these things if they don't have a guideline policy of land use? Where do the formula's come in? Shelly stated there are fees established, that in our Comprehensive Planning process - the City looked at the big picture which included this large area as well as other areas In town Mr. Schubart asked who IS gOing to pay for the development of the 30 acre commercial area In this project? Shelly said the developers Will (DragtlDeTray) Mr. Schubart asked where is the formula? Shelly said that the City does not know what the formula Will be until we receive an actual application for a site specific project. Mr. Schubart asked where does the formula come from? Shelly said the formula comes from the City's overall Comprehensive Plan, hook-up fees and current development standards Mr. Schubart asked if there IS a formula for adding to the police department? Shelly stated that is a mitigated Item that IS dealt with directly With the developer when they submit to determine what the Impacts are Mr. Schubart stated that he doesn't understand why the City calls this a "proJect"- when there hasn't been an application filed o Debbie Moss asked if they can have more public notice on thiS, as much as the V-Corridor gets? She stated that It seems thiS project or plan is just getting "hushed up" Cathie said that anyone not on the "adjacent property owners list" that would like to be on a mailing list for public notices etc , needs to notify us, the City can not do a mass mailing every time Kelan Moynagh stated that he received a "notice of application" in the mail - IS he understanding it correctly - that there is an actual application on file? Cathie said yes, for "Conceptual Master Plan approval" Glenn Blando asked If any members of the Planning Commission have any questions? John Thomson asked about Item #6-Schools, looking at the overall map it seems the bottom portion is in the Rainier School District - what the City may have to address is whether or not they consider going to the Superintendent of Public Instruction and maybe either haVing all the city Within a Single school district or they Will have to indiVidually address It in this plan both for Raimer and Yelm School District, and the developer would have to negotiate With both school separately E.J. Curry said that the City went through thiS when the first plan was Originated Cathie said yes, that IS correct - thiS will need to be c Yelm Planning Commission October 18 1999 Page 9 o added as a condition, in the recommendation it will include Rainier School District. Margaret asked about the transportation mitigation, on the financing of that - is it because there may be off-site transportation mitigation issues that the City wants to know about, or are you talking about purely with internal circulation roads? Cathie its mainly for internal roads, in particular probably the loop road, because there are other property owners that the commercial property owners are involved with In that construction, and the City wants to make sure that everybody is assessed fairly Margaret confirmed, her understanding is that the off-site transportation mitigation comes In with the Impact fees? Cathie said more than likely, unless there is some transportation Improvement in addition to the fee o Glenn asked if there were any more questions or comments form the Commission? John said that several Issues have been brought up by the public - he assumes that the Planning Commission will get feedback from the City's attorney or the city staff as to those Issues which were brought up Cathie stated that if the Planning Commission does not feel comfortable with what IS in the staff report, yes the city staff would be more than happy to get the city attorney's opinion or more information from the applicants Margaret stated that she feels comfortable that everything has been addressed, but Mr Speidel had a question about the commercial size - IS that something that can be worked on? Shelly stated the staff recommendation IS specific to the 15,000 square feet, Margaret could it worked on down the road? Cathie said yes, either that or It would have to come back in for an amendment, it should be dealt With now Shelly added that when the original conceptual plan In 1994, the whole concept of commercial was highly discussed and debated - how much commercial IS too much? etc The reason that thiS was limited was so that this area was developed truly as the golf course amenities and the area where people would go to get gas, groceries etc would be different. Expanding thiS area beyond Just the golf course amenities would be a change from the original discussion Shelly said that the reason It was limited in the first place was to have the commercial area for this 2,000 acres be in the 30 acre tract, and not also in the 5 acre tract. Glenn asked for any other comments or questions from the Planning Commission? There were none Cathie added that in the section of the conceptual plan where it talks about the commercial development In that 5 acre area, she did not carry that 15,000 square feet forward that was talked about in the staff report, so a deciSion needs to be made on that today Glenn closed the public hearing at 6 04 P m There was discussion E.J. Curry stated that she would be In favor of increasing the allowed square footage of commercial in the 5 acre area, because that is the whole purpose of a master planned community - to keep more cars off the road E.J. added she doesn't feel the larger area (30 acre tract) should not be decreased, the 5 acre tract should be increased Glenn asked if there is a o Yelm Planning Commission October 18, 1999 Page 10 o recommendation? More discussion John asked for c1anficatlon, the Planning Commission IS Just approving a Conceptual Plan at this point? But when the plan comes in with its specific's, isn't that when we would address the environmental issues and thiS commercial square footage issue? Shellv said that is correct to a certain extent - however, there are certain areas that the city deems important to put In the Conceptual Plan In the beginning, including the types of land uses out there John stated he is reluctant without getting feedback from the business community, to make a change from the onglnal numbers He doesn't feel the city is at a pOint to make the change now Margaret agreed, her recommendation would be to keep the (square footage) numbers the same now, but she would be open to hearing an argument for why something should be shifted or changed when the developers have a more detailed plan o Mr. Speidel asked the staff, with the 15,000 sq ft. limitation on commercial, would that be on commercial activities outSide of the bUilding of the clubhouse or would that Include the clubhouse? Shelly said It would include the clubhouse Mr. Speidel said then maybe there is something he can offer to the Planning CommiSSion as a compromise situation that would allow for future negotiation or diSCUSSion with the clients - the clubhouse facility would be Included in the development facilities of the golf course With the secondary commercial 15,000 sq ft. which would allow for the bUSinesses (i e video rentals, dry cleaners, pizza shop) in the little old town hub that would be centered around the golf course complex as shown on the concept plan, instead of gOing all the way up to the 55,000 sq ft. previously requested Mr. Speidel pOinted out - please understand that the clubhouse faCIlity is separate from the retail Ray Kent said he would be open to that consideration Cathie stated that It needs to be defined then - what is a "clubhouse?" There was some discussion John Thomson stated that he has to leave for another public hearing at hiS job Cathie said that part of this recommendation is that the reciprocal agreement be executed and the survey be done, there is some time In between now and when it goes to the city council - staff could work on this, there should be some feedback from the commercial community There was more diSCUSSion 99-15 MOTION BY RAY KENT, SECONDED BY E.J. CURRY TO ALLOW STAFF TO WORK ON THE COMMERCIAL PORTION OF THE STAFF REPORT, AMEND AS NEEDED AND FORWARD THE CONCEPTUAL MASTER PLAN APPROVAL ONTO THE CITY COUNCIL FOR THEIR REVIEW AND APPROVAL. MOTION CARRIED. Glenn added for the record, there was a letter submitted from Thurston Highlands Associates, to the City of Yelm regarding water c Yelm Planning Commission October 18, 1999 Page 11 r\ V c c Public Hearing - City of Yelm Parks & RecreatIOn Plan Applicant: City of Yelm, Proposal. Update of the City of Yelm's Parks & Recreation Plan and Comprehensive Plan Amendment. Project location: City wide Glenn Blando opened the public hearing at 6 15 P m Glenn asked if any of the Planning Commission members had a conflict of interest? There was none Glenn asked if any member of the Planning Commission had received any information prior to the hearing? The answer was no Glenn asked the applicant/representatives if they had any conflicts of interest with any of the other PC members? The answer was no Cathie Carlson gave the staff report. Glenn asked if there were any questions? There were none Glenn closed the public hearing at 6 17 P m 99-16 MOTION BY RAY KENT, SECONDED BY MARGARET CLAPP TO FORWARD A RECOMMENDATION TO APPROVE THE UPDATE OF THE CITY OF YELM'S PARKS & RECREATION PLAN AND COMPREHENSIVE PLAN AMENDMENT TO THE CITY COUNCIL. MOTION CARRIED Other: Cathie announced - there will be a Joint Planning Commission Meeting on October 25, 1999, 6 30 - 9 00 pm, at Lacey City Hall Meeting adjourned at 6 30 P m Respectfully submitted, :4Jo flU Jip~ Dana Spivey Glenn Blando, Acting Chair Date Yelm Planning Commission October 18, 1999 Page 12 . I,. -, rr VISITOR SIGN IN SHEET c Please sign In and indicate if you wish to speak at this meeting or to be added to the mailing list to receive future agendas and minutes MEETING YELM PLANNING COMMISSION DATE October 18, 1999 TIME. 4 00 PM LOCATION YELM CITY HALL, COUNCIL CHAMBERS Public Hearing(s) 1 2 SW Yelm Conceptual Master Plan Yelm Parks & Rec Plan ~-.& AnnRFSS MAiliNG liST? I SPFAKERL- _ .JliZ~A,.J M o~,J II<; 4 I '(1 1r 7~ """ Av~ <;13 )Pl-'km~ ,~ 'i- ,4ubR"C)I h7<'EI l> ,";1?4-1 h.1..uru.,.&''''' ~~ "S" t . - ~ --/6ff\i\e- J>ACM"\/ t t~6" Q'3 rd f'rJo.j<i, C!: ~, ~~ArA,!~J(:p . ~lt l:s~'t!\LkvI7 :t2fi\~I~~ (~~+') ---/ ~~ "'- .0c 'c;\;..;J e 4tos ?~ tt~,-,,-'1 QI(l503 ?,. 0 ~. ""'"" t: -C~ SI 0__ WILLUWErr 14~(~ 8G:RRV\!RL.L.E.Y RoSE YE Lf1 . ~ . 'STF--Xlr=- 6{Jr:: IPf=-L- 766" 2~ AlJ~ .. 7/0 6iZ-A- w4 .q.J?ffr;;i~J ~"'V\"- '-1bo~R 1.{4'lq q3~ ~ ;:;1;. I '12/... ,wA- C~ ') ~f3 ," I ( 1-h4- 5 '^ " VV\ I 3 (f 03 I ) 1!=-<4 PrJC 5~ "-F<-~e~ ~ . i:::.>nnec PIlA6"'13 6? '1s3tJ . y.elM ---L, I .10. . /1-. Yd~ - ~--a Z--- /n?.:1o ~f~ If-. ~ ' "'S ~ SCe ~ .~-f~~ ~~. - :.N)attine}j 0~)-.cJb~'J't5b:PrcJ t;O( \~I/ ~^C~~\l\.~~ ---,VL IDA. L0C.iSH-)CN ~~'1<D2..010 ~EL\N'\ uJl\: <1tS~7 c c c c VISITOR SIGN-IN SHEET continued NAME AND ADDRESS k !1;:;o~~ MAILING LIST? I SPEAKER? .... .' VISITOR SIGN-IN SHEET continued C~NAME AND ADDRESS . to ~ e.. 'f' 51 Ern 0- f"""" MAILING LIST? I SPEAKER? K79"7 Cu.kn ~ k/V4 tjRJ;t7-97~ C ~J ~01!JROM YOUR. HC... ~ Wi~4J/(ldfJ.~~fu ~ ,~V4 . / " ! 1f1Iv' 4l (() ~~ 12d-(t!L CVv'llJ ~(J.- UR-- '\\ Cl r t(dDb Carpool ~ Vanpool ~ BiCycle ~ Walk ~ Ride the Bus (", "-J o c o ... October 18, 1999 To. City of Yelm Planning Commision From Kelan Moynagh I residen. tL.. 14445 93rd Ave SE r. . Southwest Yelm Conceptual Master Plan Re In review of the history of the current proposal of the Southwest Yelm Conceptual Master Plan, I request that the whole process be stopped and the plan denied Not only has due process not been adhered to according to chapter 16 of Yelm Municipal Code entitled "Subdivisions", but there is also apparent conflict of interest regarding the project. Additionally, the environmental checklist is deficient. Due Process not followed Chapter 16 clearly outlines the proper procedure to be followed regarding subdivisions within city limits. Its purpose is so that the city can responsibly "provide for the health, safety and general welfare of its citizenry and the public." Specifically, it outlines the process required to subdivide 1 2. 3 The city identifies an area within city limits that it wants to aI/ow to subdivide The city drafts a conceptual master plan which outlines the provisions for subdivision Within 3 years from the master plan's approval, land owners within the area owning at least 200 acres may apply for subdivision and submit a master plan for development which is consistent with the overall conceptual master plan developed by the city After 3 years, the conceptual master plan expires and the land reverts to its original zoning No subdivision can occur at this point. e.g. the city now can not accept applications for subdivision. 4 In contrast, here is what has happened 1 2. 3 The city approved the Southwest Yelm Conceptual Master Plan in 1994 The plan expired in 1997 This year, the city accepted application and an accompaning $6,000 fee from DragtlDeTray, LLC Now after accepting the application and money, the city now wants to simply submit the old plan without revision for approval. In an apparent attempt to streamline the project, the city issued a mitigated determination of nonsignificance to avoid any environmental considerations. This when in fact the development may add 5,000 homes and 13,000 residents more than the current population of Yelm! Addtionally, according to the Y2IY3 Corridor Executive Summary, Yelm is currently in declared transportation emergency The original conceptual plan apparently had assumed adoption of the Y1 proposal. No traffic analysis or study has been done to integrate the plan into the Y2N3 proposal. 4 5 c Conflict of interest In proposing the Conceptual Master Plan, it is the city's responsibility to do an environmental checklist. A checklist was done It was prepared by The Kirkbride Group, Inc. and paid for by DragtlDeTray, LLC Deficiencies in the Checklist #3b Water rights is an unresolved issue See the attached letter from Kari Rokstad, Washington State Department of Ecology to Shelly Badger, City of Yelm dated September 29, 1999 #4 In addition to the vegetation listed, one must add water plants #5 In addition to the birds and animals listed, one must add Birds: heron, eagles, ducks and other water fowl Mammals: elk, coyotes, mountain lion Fish. unknown type, but Thompson Creek has fish in it #5c Elk is a migratory animal and thus requires special consideration under Yelm Ordinance 426. (Wetlands also required this special consideration.) C #8f There is no comprehensive plan in effect. #10 Government approvals required? Whereas this project only lists approval of the Conceptual Master Plan which is the purpose of this questionnaire to begin with (I), according the Y2IY3 Corridor Executive Summary, the Y2IY3 project required National Marine Fisheries Service and U S Fish and Wildlife Service - Biological Assessment Concurrence. U S Amy Corps of Engineers - Section 404 Nationwide Permit Washington State Department of Fish and Wildlife - Hydraulic Project Approval. Washington State Department of Ecology and Thurston County - Shoreline Substantial Development Permit Thurston County - Floodplain Development permit The Southwest Plan includes many of the aspects that the Y2IY3 Corridor exhibits including wetlands, floodplains, bodies of water, oak stands, critical areas of aquifer recharge, hydric soils, and seasonal streams. Why the difference in standards? c c STATE Of WASHINOTON DEPARTMENT OF ECOLOG.Y PO Box 47775 . Olympi", Washington 98504-7775 · (360) 4Q7-6300 October 6, 1999 Ms. Shelly Badger, City Administrator City ofVehn PO Box 479 Yelm, W A 98597 Dear Ms. Badger We sent you f\. Jetter on September 29th rcgardmg the MDNS issued for the Conceptual Master ptan Approval for an l,860-acre development in Southwest Ychn. In r~viewil1g our datab~c, it was discovered that Ecology's Water Resonrces comments were not included in that letter The foHowmg comments are the Water Resourcos concerns: The Water Resources Program, Southwest Regional Office, does not have adequate information to assess the extent and vahditj of the water rights associated with the property It is unclear how Itngation water (', will be supplied to the 456-acre golf course, or jfthe City ofYelm's current municipal water rights ate '-../ adequate to supply domestic water to an additional 5,000 homes. The City should be aware that water rights may not necessarily be detcnllined by the face value of n certjficate, and that any modification of eXisting rights Will require detailed evaluatiOn by the Depaltment of Ecology Includmg a showing of historic water use and evidence tha.t they are not subject to relinqUIshment for non-use. We ",ould be happy to provide technical assistance to the City regarding water rights; but until additional information is provided Ecology is concerned that the City's eXIsting water right are not adequate to provide water to this projeot. If you have any questions or would like to respond to these comments. please can Ms. Jill WQ1$h (Water Resources) at (360) 407~0274 or with any other questions regardmg thls proposal Ms. Kari Rokstlld (SEP A Coordinatur) at (360) 407-6787. ~ A W (99-6101a) o cC Kari Rokstad, SWROISEA Jill Walsh., S\VRO/WR ....... o 4, '>. Thurston Highland Associates 523 Pine Street Suite 208, Seattle, WA 9B1 01 (206) 467-4916 Fax (206) 343.Q367 c Mr, Sandia Mackie City Attorney City of Yelrn 105 Yelm Avenue West Yelm, Wash 98597 Re: THA Development - Water Supply Dear Mr MackiE!. October 18. 1999 It appears that THA project implementation depelids on availability of water supply We appreciate your early a$surance to supply initial phase of development for about 500 ERU plus water for irrigating lawn/golf course. THA, in return, will assign the well site(s) to the City with the understanding that the City can process and obtain water right from the State sooner. and that once the well is installed, the THA should have the first right to use well water Any excess water can be supplied to other property at normal cilis charges. By the same talking, the City of Yelm should ask DragtlDe Tray to assign their well water right to the City The City can supply axcess water from DragVDeTray site to other property including THA. Based on Preliminary Ground Water Exploration for THA prepared by Robinson & Noble, Inc. (January 1995), the potential quantities of water 6upplies (from sites on THA property) are: D+fl QJ3I"tty pH H:Jtt'm> ~ 0i:fii1 1100 ~ ~~ Turtiiy I'01h TIS we: 1842 ft 2Q.3)gm 72 45 rrqI 6J ~1 < 5 rrg1 <' 0.1 rrgl 021TOl OD1 rrg1 1.5 NTU c We&TfS.W~ 3JC~ 1,tO)~ 74 65li9l OOrrgl <25ritJ1 <DJrrgl 01 fT9l 1.01'!YJ! 2.0NTIJ S:UlT~Wet 17Cft 71 gm 6.9 9)rrQI 45~ <2.5rrg1 O'11I'll:1""O.CErrg1 12N'!1J Obinson & Nobie concluded and recommended to install a permanent well (at the West Test Well site) of 16-inch to 20-inch diameter with a target depth beyond 300 feet They estimate the well will produce 1,000 gpm or more. The total dwelling units f(l( THA is 3.167 units plus irrigation water for goif course For domestic potable water supply the daily consumption is about 70 gallons per capita per day Based 2.2 persons per unit, the tctal residents at THA (wnen totally implemented) will be 6,968 persons Assuming the commlo'lrc!al and community and clubhouse water usage is 1000 persons equivalent. Therefor!..:, the total water supply will be (6,968 + ~ ,uOO) x 70 gpcd = 557,760 galions per day (average day) The well water supply of 1,000 gpm is equivalent to 1,438,849 gallons per day Which is more tban'adequate 10 aerveTHA's development including peaking hours, fire fighting and irrigation for lawn and golf JourSEl. However, in order to be safe we will install an additional well at South Test Well site to rotain about 100 gpm for routine irrigation purposes. We will also install a piping loop at westwel to withdraw well water (bypassing treatment) for regular irrigation. In addition, we will use enhanced wet land lakes-ponds to hold and save water for irrigation in case of extreme c ~ c shortage of irrigation water in the summer. In order fer THA partners to proceed with Implementation in year 2000, we have to hays yo!.:r assurance of Initial supply included In writing as soon as possible. We thank you for your understanding and support toward implementing this SlgnHicant project in Yelm. C.C Dennis Su Robert ThOl'pe Sincerely, <,-;;~:I 8 Uao -- '- ,;,,-/ Managing Partner :1 ___~ c " c o c c 105 Yelm Avenue West PO Box479 Yelm, Washington 98597 (360) 458-3244 City of Yelm Date October 12 To. Planning Commission From: Cathie Carlson, City Planner Re: Conceptual Master Plan Approval, MPD 98-8216-YL LIST OF EXHIBITS. Exhibit A - Summary of Thurston Highlands Associates Ownership Exhibit B - Summary of DragtlDeTray L.L.C. Ownership Exhibit C - Summary of Other Parcels Ownership Exhibit D - Public Hearing Notice Exhibit E - Vicinity Map Exhibit F - Written Comments from the Public PUBLIC HEARING OBJECTIVE: The Planning Commission shall review the application for completeness and, if it determines that the proposed Master Plan is consistent with the Comprehensive Plan and the City's other plans and policies, recommend approval by the Planning Commission If the Planning Commission determines that the proposed Master Plan is not so consistent, it may either remand for modifications specifically identified or recommend denial by the City Council BACKGROUND. In 1994, the Yelm City Council approved the Southwest Yelm Conceptual Master Plan The approval provided the framework and conditions for Final Master Plan and project approval(s) An Environmental Impact Statement and Addendum to the Environmental Impact Statement were prepared as an element of the approval The Conceptual Master Plan was approved with a minimum density requirement of 3 5 units per net developable acre and a maximum of 4 44 units per net developable acre, with a limit of 5,000 dwelling units Two Golf Courses and Commercial Zoning were approved for a 30 acre tract in the middle of the site and a 5 acre tract in the southwest area which would be located near the Golf Course Club House Adequate provisions for open space, schools, streets, public utilities and critical areas were required Yelm Municipal Code, Chapter 1762060, Master Plan Development requires that a complete master plan be submitted within three years of conceptual approval unless an extension has been granted pursuant to Section 17 62 070 The Conceptual Master Plan Approval expired 0 on October 12, 1997 The City did not receive a request for extension approval PROPOSAL. The proposal is for Conceptual Master Plan approval and does not propose any changes from the 1994 approved Conceptual Master Plan as described above The area encompasses approximately 1800 acres and is located northwest of State Highway 507, southwest of State Highway 510 in the area of Killion Road, referred to as the SW Yelm Annexation Area The proposal FINDINGS and CONCLUSIONS. 1 Proponent. Co-applicants Thurston Highlands Associates and DragtlDeTray 2 Location Northwest of State Highway 507, southwest of State Highway 510 in the area of Killion Road, referred to as the SW Yelm Annexation Area 3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News on October 8, 1999, and posted in public areas on October 7, 1999 The notice was mailed to adjacent property owners and the applicant on October 7,1999 4 ExistinQ Land Use Vacant, rural residential and agricultural o 5 Adjacent Land Uses Vacant, rural residential and agricultural 6 ZoninQ Master Plan Community 7 Soils and Geology Nisqually loamy fine sand dominates the meadow areas and along the creek bank, Spanaway sandy gravelly loam, and Spanaway sandy loam are located on the eastern portion of the property Everett gravelly sand loam and Yelm fine sandy loam can be found on the site Also, a small pocket of Mukilteo muck was located close to some of the wetland areas 8 Wetlands. Yelm Critical Areas Map indicates a primary wetland system on the northeastern portion of the site and numerous smaller wetlands in the southwestern portion of the site The original EIS for the Southwest Yelm annexation contains a wetlands map and a wetlands study of the on-site wetlands The wetlands work performed for the EIS was adequate to consider the impacts on the wetlands from the annexation and the various development scenarios The proposal adequately accommodates the identified on-site wetlands for Conceptual Master Plan approval Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant o Page 2 of 13 c to show the location of wetland areas within the Master Plan area and "for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant." It is critical to consider the impacts of the Final Master Plan on wetlands, including adjacent, off-site wetlands Prior to Final Master Plan approval the applicant must identify with greater detail and perform further studies of all the on-site wetlands, the large wetland to the south of the planning area and the wetlands to the north of the project area associated with Thompson Creek. 9 Surface Water. Thompson Creek crosses the site, south to north, on the westerly portion of the site Thompson Creek collects surface water runoff and spring water from the south During heavy rainfall and high water periods the water overflows both sides of the creek and floods low meadow areas During the 1996 flood event(s) many residents along Thompson Creek experienced flooding The Flood Insurance Rate Map produced by the Federal Emergency Management Agency, categorizes Thompson Creek, inside the City limits, as a Zone A. Zone A's are flood hazard areas that are inundated by 1 DO-year flood events, but no base blood elevations have be determined. c Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant to show the location of flood plains and water courses within the Master Plan area and "for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant." It is critical to consider the impacts of the Final Master Plan on Thompson Creek and associated flood plains, including adjacent properties Prior to Final Master Plan approval the applicant must identify with greater detail and perform further studies of the flood plains associated with Thompson Creek on site and to the north of the planning area 10 Ground Water Yelm Critical Areas Map indicates the site contains Category 1, 2, and 3 Aquifer Recharge Areas Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant to provide "any additional information as required by the planning department necessary to evaluate the character and impact of the proposed master plan" Prior to Final Master Plan approval the applicant must identify with greater detail and perform further studies of the ground water and hydrology of the site 11 Transportation and Site Access. Access on the eastern portion of the site is from Berry Valley Road, Longmire Street and Durant Street. Access on the southwestern portion of the site is from Hwy 507 There is no access to the northern or most westerly areas of the site o Page 3 of 13 Berry Valley Road and Durand Street are not built to current city standards and are not adequate to safely accommodate the additional traffic generated by the proposed project. o The applicant has proposed the main loop road through the planning area, from Highway 507 along the Doyle/Bosequett parcels, through the golf course/single- family residential area, intersecting with the North/South Corridor, and finally connecting with Yelm Avenue along Berry Valley Road and to Killiion Road The main loop road is considered the primary essential corridor for the project. Prior to City Council review of the proposed Master Plan, the applicants and the property owners of the commercially zoned property along the primary essential corridor should execute a reciprocal agreement that includes the right-of-way dedication deed for public use To ensure that the primary corridor is viable the applicant shall provide a record of survey for the right-of-way as an Exhibit to the staff report prior to the City Council review of the project. The second essential corridor for the project is the North/South connector This corridor is located within the commercial area and is required to provide for the connection of streets and adjacent services This corridor is located solely on the Thurston Highlands Associates property The right-of-way dedication should occur prior to Master Plan approval The goals and objectives of the City's Comprehensive Transportation Plan 0 require new development to provide connected-streets to promote the efficient flow of traffic within the community The internal street network shall meet this goal and will be approved at time of Master Plan approval The City's Concurrency Ordinance, requires all development to mitigate impacts to the City transportation system Mitigation for off-site transportation impacts include, but are not limited to, payment of the Transportation Facility Charge The applicant shall complete a Traffic Study and Analysis prior to Final Master Plan approval 12. Wastewater The project area is within the City's service area, however the City does not have sufficient sewer treatment capacities for development of the entire site The Master Plan area will be expected to provide sewer services and infrastructure for all new development in the plan area To ensure adequate capacities and the concurrent construction of infrastructure the applicant shall provide a phasing plan for sewer service The phasing plan shall also identify financing options The phasing plan shall be required at time of Final Master Plan approval 13 Water Supply The project area is within the City's service area, however the City does not have sufficient water rights for development of the entire site The o Page 4 of 13 c Master Plan area will be expected to provide water service and infrastructure for all new development in the plan area To ensure adequate capacities and the concurrent construction of infrastructure the applicant shall provide a phasing plan for water service The phasing plan shall also identify financing options The phasing plan shall be required at time of Final Master Plan approval 14 Drainaoe/Storm water The completed project will increase impervious surfaces on the site and adjacent streets Impervious surfaces create storm water runoff When uncontrolled and untreated storm water runoff can create health and safety hazards Prior to approval of the Final Master Plan, Chapter 17 62, requires the applicant to provide a master drainage plan, including storm water control The applicant must identify with greater detail and perform further study of the existing site drainage and proposed drainage plan 15 Fire Protection. Fire protection is provided by the Thurston County Fire District #2. As development occurs there will be additional demands for fire service Prior to approval of the Final Master Plan, the applicant shall identify impacts and mitigation for development phases c 16 Police Protection Police protection is provided by the City of Yelm As development occurs there will be additional demands for police service Prior to approval of the Final Master Plan, the applicant shall identify impacts and mitigation for development phases 17 Schools The applicant has shown two potential school sites within the project area. The school sites may not provide adequate school facilities in relationship to the project impacts Also, the Southwest Yelm planning area is divided between the Yelm School District and the Rainier School District. Section 28A.315 250 of the Revised Code of Washington requires that each city and town be comprised in a single school district. The statue does not necessarily place the burden for amending the boundaries of a school district on a city In fact, it is the City of Yelm's position that the burden is on either the school districts, the educational service district or the applicant to propose and amend the school district boundaries The applicant shall be responsible for negotiating within the Yelm and Rainier School Districts, as well as their educational service district for the proper modification to the school district boundaries c Prior to Final Master Plan approval the applicant shall enter into an agreement with the Yelm School District for provisions for adequate school facilities consistent with State nexus requirements and State funding programs for K-12 Page 5 of 13 education o 18 Open Space. The City's Master Plan Ordinance requires the applicant to locate and show the relationship to local parks The city seeks to provide parks and open space to nearly 10,000 projected residents of the Southwest Yelm planning area. The City's Open Space and Parks Ordinance requires new development to dedicate five percent (5%) of gross area in single-family designations and ten percent (10%) of gross area in multi-family designations 19 Landscaping. Landscaping and screening are necessary to promote safety, to provide screening between compatible land uses, to safeguard privacy and to protect the aesthetic assets of the City Chapter 17 80, Landscaping, requires the applicant to provide on-site landscaping for all development proposals In addition, the original EIS identified mitigation measures that include buffer areas around the project site to help form a separation between the proposed development and some offsite agricultural and military uses At time of Final Master Plan approval the applicant shall provide a buffer plan for approval At time of development approval for each phase the applicant shall provide a landscape plan for approval 20 Commercial Development. The applicant has proposed two areas for commercial zones The primary commercial area is 30 acres, adjacent to the North/South essential corridor o The City is concerned that commercial development in the Southwest Yelm planning area will not only serve the customer base of the plannin!~ area, but will also draw an unacceptable market share from existing established businesses in the downtown and surrounding areas of the City Therefore, thE~ City should impose a limit of 330,000 square feet of commercial floor space in the primary commercial area Also, commercial development should occur concurrently with a population base in the planning area that can support the commercial uses The City should restrict commercial development to 15,000 square feet of gross floor area with the initial Master Plan At such time when 1250 dwelling units are constructed and the entire primary essential transportation corridor (Loop Road) is constructed, the remaining 315,000 square feet of gross floor area will be allowed The second commercial area is five (5) acres located in the southwest area of the site and is intended to be centered around the golf course club house This commercial node is adjacent to and is served by access from the main loop road The city is Similarly concerned with the market share that thlis node will draw from downtown Therefore, the City should impose a limit of 15,000 square feet of gross floor area o Page 6 of 13 .trot:: c Because the Master Plan is its own zoning district, the Commercial District development standards do not apply to commercial development in this planning area To ensure the commercial development is consistent with City development standards, the primary commercial area (30 acres) shall be subject to the provisions of Chapter 17 26, Commercial Zone (C-1) and the secondary commercial area (5 acres) shall be subject to the provisions of Chapter 17 24, Central Business District (CBD) 21 Desion Guidelines For the commercial areas of the project site the City Design Guidelines should be utilized to ensure commercial development is consistent with City goal's and policy's The Design Guidelines require developers to consider. 1 Site Planning - the location, orientation and relationships of buildings, parking lots and other features 2. Pedestrian Access - pedestrian circulation, safety and comfort. 3 Vehicular Access and Parking - location and size of driveways, access roads and parking lot. c 4 Building Design - design elements anc character of built structures 5 Site Design and Landscaping - character and qualities of landscaping, open space and other site features The primary commercial area (30 acres) shall be designated Village Retail The secondary commercial area (5 acres) shall be designated Old Town 22. Environmental Review: In February of 1993, the City of Yelm published an Environmental Impact Statement for the annexation and development of the Southwest Yelm area That EIS considered the impacts associated with annexation as well as various conceptual development scenarios With this extensive environmental review in place, the City determined that an addendum to the final Environmental Impact Statement would satisfy the need to review additional information and analysis for the original conceptual master plan review On July 11, 1994, the city of Yelm issued an Addendum to the Final Environmental Impact Statement for the Southwest Yelm Annexation Staff Recommendation: Staff recommends the project be approved with the following conditions of approval and that C the Planning Commission forward the proposal to the City Council for review and approval Page 7 of 13 CONDITIONS OF APPROVAL o 1 DensitiesIDwellin9 Units a The total number of dwelling units allowed in the Southwest Yelm Master Plan area shall not exceed 5,000 dwelling units This overall maximum is further allocated to each ownership group within the Master Plan area according to the attached Exhibits A, 8, C b The minimum number of dwelling units in the Master Plan area shall be computed on the basis of 3 5 dwelling units per net developable acre Net developable acre is the land measurement remaining after subtrclcting required open space, environmentally sensitive areas, parks, transportation and utility corridors, and any other unbuildable area The minimum density shall be applied and enforced according to the minimum dwelling units allowed by the attached Exhibits A, 8, C c. Accordingly, therefore, development in the Southwest Yelm Mastl:lr Plan shall be between 3,946 dwelling units and 5,000 dwelling units d Zoning Standards - To accomplish a balanced community the purpose of the Conceptual and Final Master Plan is to write the zoning ordinance for the SW Yelm Annexation area The Final Master Plan shall provide for a variety of housing types Housing types may include single family detached, single family attached, duplexes, zero lot line, manufactured homes, modular homes, and townhouses Allocation of housing types shall not exceed 50% of anyone type within a phasing area as identified in the Final Master Plan At thl:l time of final master plan application the applicant shall provide the city with development standards for approval In the event the approved development standards for the Southwest Yelm plan area, do not address a development standard, Chapter 17 15, Moderate-Density Residential District (R-6) shall 90vern o e If, after the complete build-out in any particular area within the Malster Plan area, the City determines that the net density in that particular area is below the maximum net density allowed for that area, any remaining unused density may be transferred in the form of dwelling units to another property owner within the Master Plan area, subject to approval by the City Nothing in this paragraph shall be deemed to allow development in excess of the overall mclximum of 5,000 dwelling units in the Master Plan area 2. Transportation a The Conceptual Master Plan approval requires the establishment of two Essential Utility and Transportation Corridors The primary essential corridor is the main loop road that connects to State Highway 507, loops through the Thurston Highland Associates parcel, intersects the North/South essential o Page 8 of 13 c c 3. Utilities o corridor (referred to as Y-1 corridor in previous approval), follows Berry Valley Road and connects to State Highway 510 at Killion Road The main loop road corridor will be constructed as a "Boulevard" under the Minimum Street Design Standards adopted in the City's Development Guidelines b The second essential corridor will serve as a North/South connector The purpose of the north/south corridor is to provide for the connection of streets and adjacent commercial services c Thurston Highland Associates, DragtlDeTray and the property owners of the commercially zoned property along the primary essential corridor shall execute a reciprocal agreement to include the right-of-way dedication deed for public use The applicant shall provide a record of survey as an Exhibit to the staff report prior to the City Council public hearing for the Conceptual Master Plan approval d The right-of-way dedication will give each property owner the right to dedicate the entire stretch of the corridor to the city in conjunction with Final Master Plan approval. Dedication will occur at time of final project development approval by phases e The Final Master Plan shall identify transportation infrastructure construction with phasing Those phasing projects could include financing options to include a developer extension, Local Improvement District, Latecomer's Agreement or combination thereof f The North/South Corridor shall be placed in a right-of-way deed of sufficient width to meet City Development Standards at time of Final Master Plan approval This will ensure that structures are not constructed in the area that could potential serve as the future transportation corridor The Corridor shall be dedicated to the City at such time it is constructed to City standards g The applicant shall obtain from Thurston County all necessary permits for crossing the YelmlTenino railway right-of-way owned by Thurston County h The applicant shall secure a Highway Access Permit from the Washington State Department of Transportation (WSDOT) prior to Final Master Plan approval The applicant shall prepare a Traffic Study and Analysis prior to Final Master Plan approval a As of Conceptual Plan application date, there are not sufficient water rights and sewer treatment capacities for development of the entire Southwest Yelm Master Plan area The Master Plan area will be expected to provide water, sewer and sites for Page 9 of 13 reuse of reclaimed water for all new development in the plan area o b All costs of water, sewer and reclaimed water reuse areas and services, including line extensions and necessary capacity upgrades shall be borne by the applicant. All such utilities shall be designed and constructed in accordance with the Development Guidelines adopted by the City of Yelm, the Department of Ecology, the Department of Health, the Fire District and any other agency with jurisdiction over such utilities c. At Final Master Plan approval, the applicant shall provide a phasing plan for the construction of utility infrastructure that will identify financing options and may include a developers agreement, Latecomer's Agreement, a Local Improvement District or some combination thereof d Thurston Highlands Associates and DragtlDeTray L.L.C shall, as a condition of Final Master Plan approval, enter into an agreement with the City to grant easements, a lease or a license to the City, or a combination thereof, to make use of its property for reuse of reclaimed water, in a manner consistent with the Water Reuse Facilities Plan adopted July 1995, necessary to serve the phases of the overall Master Plan. e Prior to Final Master Plan approval the applicant shall prepare a master drainage plan, including storm water control 4. Commercial Development o a Commercial development in the 30 acre commercial tract along the North/South Corridor of the Southwest Yelm Conceptual Master Plan area shall be limited to a total of 330,000 square feet of commercial floor space to be phased with development as follows 1 Chapter 17 26, Commercial Zone (C-1) shall govern the use of land and development standards in the Southwest Yelm Conceptual Master Plan commercial area 2 Fifteen thousand (15,000) square feet of commercial floor space may be authorized initially upon final Master Plan approval 3 The remaining 315,000 square feet of commercial floor space will be allowed after the construction of 1,250 dwelling units (25% of the total dwelling units allowed) and completion of the loop road in the entire Master Plan area Timing is designed to assure that the n(~w Commercial Center has adequate transportation facilities and density to support a satellite commerce center and not significantly eiffect the City goal of consolidating commercial development in the urban core 4 Commercial development in this area will be consistent with the Yelm Design Guidelines The commercial area shall be designated Village o Page 10 of 13 c Retail, per the City Design Guidelines, with all streets adjacent to commercial development being classified as pedestrian oriented Commercial development in this area will be modeled on a neighborhood village concept. b Commercial development within the five (5) acre commercial designation near the clubhouse in the Thurston Highlands Associates ownership shall be developed according to Chapter 17 24, Central Business District. Commercial development in this area will be consistent with the Yelm Design Guidelines The commercial area shall be designated Old Town, per the City Design Guidelines, with all streets adjacent to commercial development being classified as pedestrian oriented Commercial development in this area will be modeled on a neighborhood village concept. 5. Open Space and Parks a. Development within the Master Plan area shall comply with the City of Yelm Open Space Ordinance The Open Space Ordinance requires the dedication of five percent (5%) of gross area in single-family designations and ten percent (10%) of gross area in multi-family designations c 1 Thurston Highlands Associates shall dedicate a minimum of 62 acres of open space phased concurrently with development according to the City's level of service standards and the Open Space Ordinance Thurston Highlands shall dedicate the currently shown 10 acres of park in two parcels One park (community park) shall be suitable for active recreation, such as softball or soccer fields The other park (neighborhood park) shall be suitable for more passive recreation such as picnic areas, walking trails, etc The remaining 52 acres shall be dedicated consistent with band/or c below 2 DragtlDeTray shall dedicate 11 acres of park/open space phased concurrently with development according to the City's level of service standards and the Open Space Ordinance One park (community park) shall be suitable for active recreation, such as softball or soccer fields The other park (neighborhood park) shall be suitable for more passive recreation such as picnic areas, walking trails, etc b Thurston Highlands Associates may propose a portion of the golf course to meet its remaining open space requirements To do so, the applicant must establish that maintaining it as a private open space satisfies all of the criteria of Title 14, Chapter 14 12, Open Space and Parks, other than dedication, and that it serves the purposes of the ordinance A private open space must be accessible to the general public Thurston Highlands may offer a portion of the golf course to meet its open space obligations provided one or more of the following alternatives o Page 11 of 13 1 a Open the golf course to the general public, or o 1 b Create a system of trails throughout the golf course with an easement for public use c Thurston Highlands Associates will dedicate additional acres of park (up to 52 acres) to equal the minimum acres required by the City's Open Space Ordinance All open space areas shall be identified prior to Final Master Plan approval 6. Schools The Final Master Plan shall show an agreement with the Yelm School District for provisions for adequate school facilities consistent with State nexus requirements and State funding programs for K-12 education 7. Environmental Review a. The mitigating measures identified in the Final Environmental Impact Statement and Addendum to the Final Environmental Impact Statement shall be satisfied in the development of the Southwest Yelm Conceptual Master Plan Those mitigating measures are adopted herein by this reference and made a part hereof o b The City will require additional detailed studies at the time of applk;ation for Final Master Plan approval Those studies shall be supplements to the Final Environmental Impact Statement and shall identify specific phasing impacts and mitigation The studies may include, but are not limited to, Traffic Impact Analysis, Thompson Creek and Flood Plain Analysis, Storm water Analysis, Wetland Report and Delineation, Ground Water and Hydrology Analysis, and Soils and Geology Study 8. Procedural Issues a Final Master Plan Approval shall be processed in accordance with Yelm Municipal Code, Title 17, Chapter 17 62, Master Plan Development. b Each of the major planning areas (Thurston Highlands Associates, DragtlDeTray, and other parcels) may proceed independently with Final Master Plan approval, provided that the overall requirements of this Concl~ptual Master Plan approval are satisfied c Each of the major planning areas (Thurston Highlands Associates" DragtlDeTray, and other parcels) may proceed independently with modification requests with respect to an individual planning area independent of the other o Page 12 of 13 (f, \ ,..;;pl' (~ l~; c planning areas so long as the changes are consistent with the overall City Comprehensive Plan d Property owners within the Master Plan Area who own 20 acres or less shall be allowed to plat said property without Final Master Plan approval All platting shall be consistent with City Development Guidelines and the conditions of the Conceptual Master Plan c c Page 13 of 13 c c c Exhibit A SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Thurston Highlands Associates Ownership Total Area Wetlands Golf Course Parks Schools Water Tanks Main Loop Road Reuse infiltration areas Net Developable Acres Required Open Space 1,240 Acres 62 Acres 370 Acres 10 Acres 23 Acres 2 Acres 30 Acres 30 Acres 713 Acres 62 Acres Minimum Density. Minimum Dwelling Units Maximum Density' Maximum Dwelling Units 3 5 units/Net Developable Acre 1 2,500 Dwelling Units 1 4 44 Units/Net Developable Acre 1 3,166 Dwelling Units1 Population Estimate Minimum - 6,250 Maximum - 7,923 On-Site Improvements will be identified in Phasing Plans for Final Master Plan 1 10% deviation from the state density is considered within an acceptable range Exhibit B o SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Dragt/DeTray L.L.C Ownership Total Area Wetlands Parks Main Loop Road Reuse infiltration areas Net Developable Acres Required Open Space 220 Acres 23 Acres 1 0 Acres 13 Acres 30 Acres 174 Acres 11 Acres Minimum Density' Minimum Dwelling Units Maximum Density. Maximum Dwelling Units 3 5 units/Net Developable Acre 1 609 Dwelling Units 1 4 44 Units/Net Developable Acre 1 773 Dwelling Units 1 Population Estimate Minimum - 1,522 Maximum -1,933 On-Site Improvements will be identified in Phasing Plans for Final Master Plan o 1 10% deviation from the state density is considered within an acceptable range o o c o Exhibit C SOUTHWEST YELM CONCEPTUAL MASTER PLAN Summary of Other Parcels Ownership Total Area Wetlands Parks Golf Course Net Developable Acres Required Open Space Minimum Density' Minimum Dwelling Units Maximum Density' Maximum Dwelling Units Population Estimate 213 Acres 29 Acres 16 Acres 86 Acres 98 Acres 5 Acres 3 5 units/Net Developable Acre 1 343 Dwelling Units 1 4 44 Units/Net Developable Acre 1 435 Dwelling Units 1 Minimum - 857 Maximum - 1,087 On-Site Improvements will be identified in Phasing Plans for Final Master Plan 1 10% deviation from the state density is considered within an acceptable range Exhibit D NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION o DATE PLACE. PURPOSE. Monday, October 18,1999,4.00 p.m. Council Chambers, City Hall, 105 Yelm Ave W , Yelm WA Public Hearing to receive comments on the City of Yelm Parks and Recreation Comprehensive Plan APPLICANT: City of Yelm PROJECT LOCATION Yelm, WA The Yelm Planning Commission will hold a public hearing to receive comments on the City of Yelm Parks and Recreation Comprehensive Plan The plan uses public involvement, a park and recreation inventory, goals and objectives and a demand and need analysis to formulate a six year Capital Improvement Program The overall goals of the plan are to enhance and fully develop all current parks and recreation areas and facilities, while developing new ones Testimony may be given at the hearing or through any written comments em the proposal, received by the close of the public hearing on October 18, 1999. Such written comments may be submitted to the City of Yelm at the address shown above or mailed to City ofYelm, 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 Cathie 0 Carlson at 458-8408 The City of Yelm provides reasonable accommodations to persons with disabilihes If you need special accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72 hours before the meeting DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News Friday, October 8, 1999 Posted in Public Areas Wednesday, October 6, 1999 Mailed to Adjacent Property Owners Wednesday, October 6, 1999 o ---------- ) .- -- -.-------- ~\ > E){h\b\t E --------------------_._~ 16 15 14 1 "'0 ~ 93rd Ave (/) g 8 21 o 28 -----------~ 33 o 22 ~ ~ --- 36 \ \ \ 34 SOUTHWEST YELM ANNEXATION AREA --------------- ------------------------- ---------- i' if ,. Exhibit F c October 4, 1999 CIty ofYelm 105 Yelm Avenue West P.O Box479 Yelm, W A 98597 To Whom It May Concern. As neighboring residents to the proposed new development Prairie View--Thurston Highlands Master Planned Community, we have many concerns. Such as flooding, stream bank erosion, pollution of drinking water, wells and aquifers, loss of habitat for fIsh and wildlife, and public trespassing on private property due to the population in the area increasing. o We also have questions that we would like to have addressed. Is the government adequately enforcing regulations that prevent developers from creating flood and pollution problems in the fIrst place? Was this area mapped and flood areas acknowledged by infared photos taken during the January 1997 flooding? Were the tests done to evaluate this specific site, local soil analysis and tests for signs of floodmg and wetlands? Are these homes being built in these flood prone areas? Will there be adequate sewer and water systems, drainage systems, etc? Will this growth degrade the water quality ofthe existing homes in the area? This undeveloped land is heavily vegetated, absorbing a lot of ramwater With development we will lose this natural absorption and filtering of ground water. There will be more impervious surfaces creating even more water runoff, affecting the neighboring residents. Is this development going to affect the natural drainage system now in effect? There are natural ponds, streams, and ditches that are now barely controllmg the water runoff. Are these drainages going to be blocked, making us more prone to flooding, especially through Thompson Creek? c Also, was it taken into consideration the true cost of extending services, calculated when permitting development, and will the developers pay the cost? Were impact fees considered that cover Thurston County's cost of managing storm water and dramage systems and related ISsues? Will developers have mitIgated all water issues prior to fmal plot approval? \ Developers should be held accountable when problems with floodmg and water systems occur in their developments which in turn affects us. o These issues wIll only get more complex and harder to solve as the number of people and homes mcrease. Makmg sure these issues of water quality, quantity, storm water control, safety and privacy are fully addressed should be a prionty before development IS permitted. ~ fn().LlLLJ I Cff+l{::; - 93':! aue -6' E. Yd/'h- WtL 9lfS9=J- 'l-sg ;719-.31 cJ{\Q ()....~,,~~ cy'fl2OI ~ =- ~ I~~ g.$ _ 9 s--e.fl CU/~ 01. ~, wp. 9 Z5~7 45 i- ~'l.5~ ~ / 'I / J- 7 1 3 6Ul tzu.-t; 5'/.c , /)"a t <{ 5" ~ 17 f)?!- 30%S A,~t?~ . . /.J---,L IS 803 tv~ ~ l~fo"3 ~ ~ 1~~3 Thank you, Concerned NeIghbors. ~~ ~/.!~C> 7 9J('rf/}uf.~C ,., Lj ..L~1, Wc{. q g 5 f 1 (/ ~sr- 73?0 ~9~~E ~,c...Jc, _ 98'~ 'I" Lf S-i' u<;;' K' J ~ll}. ~ -'J/fis (]dtn ~J /4/3l Or3I5/ /kt Sf lfRi rYl J wA. q<6597 ~.~~ ~ .. \114<::> lS~ ~ ~ ~'- ""'""' _ \...,J A - ~-'1i'?'J 0 ( ~ ~:!1 /' V -k[1.J'ltL H (J S (l) " /0 j 'U));) A / y...rf~ 2{Cj L J-;fL -I' <Or; ~ ~~I~ ~ 3 ~ A'Je,. \J1o~ W~c. \} C\. ~Sq ry yS.~ 0:-l I-~ - f1 '</'L- f1 ~ '5 /; -Y~i~" fSo f""f,- , 1-S~~H6 ~,..~ ~ $6 0 'i7d. S,t:. ~ J'tfJh... 'SF F~ o~ o c /0 ~, 79 c:z A-L jJ- & /l(jt:$X ~ ad ~(j .,<Urt{ ~ hh/flt?~/ cudcll#/ A~ c?J? M~ #/7/ Nd ~ ~~ ~ ' e:!u- _/ PO -#..6 ~~ ~t/?~ ' d, - - - <:}I --- - - -, - - - , Dear Members of the Yelm City Council and Planning Commission, We have recently received information about the current plans for the Prairie View, 0 Thurston Highlands Master Planned Community. On that note, We would like to explain that our family has chosen our residence to live out our lives in a safe, rural location. Please take in consideration our concerns which were expressed in perso'u at City Hall on August 4, 1999: 1. How will Longmire Street and Berry Valley Road be affected? a When we moved to this location we chose not to live on a busy highway. b. We don't want to lose the land bordering the street to road development, parking area and sidewalks. There is a line of small trees that have been planted along the roadside that we don't want destroyed. 'We hope they will provide us a buffer...someday. 2. Will there be any additional "utility" lines rtlnning down Longmire Street? (water, sewer, power, gas, cable, phone, etc...) 3. Will buffers be mandatory for a development of this grand size? This is an immense change for our happy, peaceful street. According to the Nisqually Valley News, August 6, 1999 issue, the need for a 10 foot buffer zone and 6 foot- high solid fence was approved for manufactured home developments. Doesn't DeTray, the developer, deal in manufactured homes? 4. I consider myself a long-term resident of this area, yet when I moved into my 0 home I was charged a hefty transportation improvement fee. I am sure that every family that moves into each unit in this new development will be charged a transportation improvement fee under the same guidelines. I would like to thank Cathie Carlson for her time and patience during my visit to Yelm City Hall. She answered our questions to the best of her knowledge:, yet it is our understanding that anything could change at the drop of a hat. We are very concerned about how we will be represented then, and who will listen? We realize that the development will meet guidelines according to the law, but the law does not take in consideration what is fair for each specific situation, and it surely does not "feel from the heart". Please send us documentation of possible further developments of the Prairie View, Thurston Highlands Master Community. We would like to keep in touch. Thank you, cI!::s l ~ Janet A Enlow 15037 Longmire St. SE, Yelm, WA 98597 (360) 458-8169 o ) o c (\ \.J Elene H Newby 15105 Longmire St SE Yelm W A 98597 360-458-3888 August 6, 1999 City of Yelm P 0 Box479 Yelm W A 985cn ATIN. RE. Cathie Carlson and City Council Prame View, Thurston Highlands Master Planned Commumty. Southwest Yelm, W A 985cn I received my notIficatiOn of changes and additions to the "Thurston Highlands Master Planned Community". I did have difficulty onenting the maps mailed out, but a tnp to City Hall solved my problem when it was explained that the "Prairie View" section was not on the "Thurston Highlands Master Plan Conceptual I" map. I dId have several concerns and I have presented them orally and now in writing to Catlue Carlson and the City Council: 1. Wluch approach were the utilitIes, sewer, power, water, and gas going to use to the development? The qualified reply: Berry Valley and Durant Roads. 2 Which roads will be Widened and when? Reply: No estimate. 3. Is the majonty of the road widemng, where possible, commg out of the "Prairie View" property? Reply' No, state law says "from the center of the present road". (fhat statement should prevent future donatIons of land to the City If you donated an acre and a road had to be put in, you would have to cough up another 27 feet for your half Yikes!) 4 Are buffers, fences, shrubs bemg planned to lessen traffic noise and people noise in general? (Of course this may seem like a mmor concern when compared with Ft LeWIS' all night finng and the Ramtha get-togethers through the mght, but why add to the nOise pollutIon?) Reply. No buffers are planned. We did not complam m years past of the dallY smells and sounds because the dairy was in existence when we moved in and they were "first" Now that the area is changmg and we are "first", I feel that my concerns should at least be considered. Cathie was very conSIderate m lIstening to my concerns but mostly the replies came With positive qualifiers, and so I was left with the feeling that "well, that may change" It was a little like trying to hold smoke in your hands. May wisdom and not avance be your guideline. Sincerely, ~);-~ N YIODJ~ Elene H Newby .;--- ""'-0- _ C(/II(!.-lr/I ~(// //Jd/-0 '1({/{/</""; ~ . .-tv /::I) ;?1/f (7f; f/iL f !tJ/1/J {f /l --f/~ (/ /I~/// /df2"C's, / ' tot/t;L / ~!L .J:U- tulPf 7b }k//fU {{lij fYllfJi 1& JO 13 (pi c,Lf-h () 1/ iL a /}h-#Ii! ~ -/0 fftJJJ la-r1/7f 0 it<! Y(l,fU ~ - ~ rfow (f/d/ZL tW.t~//?f - /J?tliU uJft .:.e t # ' (J &f/Ieffi-/1/ (J$tdr r-/iYtt -- duL.-J; ~d;e /1/dJPJ ClIA# ~)7gd./i/?+,ClflP5/ (}Il f u I ~ f i'h /lti-;( f- M/. -r cJ..-I (' nf / k1 Jf7tL /hit!. __ dzas/l1j o~ );a;2I2IPlJj'tfllt,Jl.'/c!'d W ~~ f/~fJ /!tI~I-J ()ri7L- t:1/fwif I oL- ;<w o 15./0--19 ~0h/~ (ll(J5~ 1t.jL/L!r - 1Jr9 dtJt,sP' y..e&.A uJlI c;tsc;'1 y- ~-<--; ~ ~ ~ ~j7 d<-\t> ~ , . ~/?AJ ()&'_~Cl^~ Ir-rJ3 __ '13~ V"".u---? 'I~ tBoJ c;~<5''11 ~ o August 9,1999 City of Yelm P 0 Box479 Yelm, WA 98597 ATrN. Cathie Carlson RE. Praire View, Thurston Highlands Master PlaAea Community, Southwest Yelm, W A 98597 I received my notice of the above referenced project and bad several questions and concems as per our phone conversation this morning. c 1. My biggest concern bad to do with the widening and improvements to both Durant Road and Longmire Street My understanding, per our conversation, is that the Beny Valley boulevard road will need to be in place before any development can begin., thus, with the improved access, there will be no reason to widen Longmire St My other concern in this area bad to do with Durant Road and the acquisition of property to enable that road to become 56 feet wide to include planting strip, sidewalk etc.. You mentioned this will be determined at a future step in this process and there will be opportunity to comment at that time. I feel that the necessary changes to that road are being driven by the needs of the Praire View project and therefore the land needed to make those changes should come exclusively from that project 2. My other concern was regarding buffers required if this was to be a manufactured home community My understanding is that if this is going to be a mix of stick homes and , manufactured homes, no buffers will be required. I appreciate your willingness to answer my questions and will await each step in this process., as it plays out. Sincerely, /-' /.' T~ ~ /~'~r-c' .~~~~- Mary Lou Clemens (\ V \. o October 6, 1999 RECP"T'Tf.7' r- OCT 0 6 1999 BY: ----_w.._---=::.:=-:-:-__:- Cathie Carlson Plannmg Department Yelm City Hall Yelm, W A 98597 Dear Ms. Carlson. Just yesterday I received a copy of the notIce of application and MDNS for the Prame View, Thurston Highlands Project. It was either my neglect, or your process, that kept tlus out of my sight until now However, please put my name on your mailmg for hereafter I cannot even vaguely understand how a 1800 acre, 4800-5000 unit project could have a mitigated determination of nonsigmficance status. I hope you understand that an environmental checklist cannot do justice to a project of this scope. Even when you conSider the SEP A rules, this project should automatically tngger an EIS AdoptIOn of the Southwest Yelm AnnexatIOn EIS IS not enough. o I have lived on 93rd Ave for nearly 4 years. Dunng that time I have observed! seasonal wetlands, saturated soils, and floodmg all along 93rd and Berry Valley Road. Even If the county wetland maps do not regard this area as wetland, the site needs to be ground truthed for wetland determmatlOn. 4800 umts on sewer/septic Will add a slgmficant amount of water to the already saturated soils dunng a large part of the year In addition, the impact to the commumty would be enormous I don't even want to begm describmg the potentIal Impacts to Yelm. Increasmgly throughout the US, responsible officials are under attack from citizen laWSUIts when their determmatlOns assault the envIronment. SEP A reqUIrements are a mmlmum, this town deserves greater care It would be m the best mterest of all the commumty, city council, and responsible offiCials, If at a mmlmum an EIS were reqUIred. Please take care of your commumty Thank you for your conslderatlOt LJ~ c:.. (.J d- Wilham A. Hashim 13803 93rd Ave SE Yelm 98597 ---- o o City ofYelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 Date October 13, 1999 To Yelm Planning Commission From Cathie Carlson, City Planner Re Parks & Recreation Plan Public Hearing Obiective. The Planning Commission must determine if the proposed Parks and Recreation Plan and Comprehensive Plan Amendment is consistent with the City's Comprehensive Plan After consideration of the facts and public testimony the Planning Commission must take one of the following actions request additional information from staff, continue the public hearing or make a recommendation of action to the City Council o Proposal. During 1998 and 1999 the Yelm Parks Advisory Board and KPI drafted an update to the City's Park and Recreation Plan The development of the plan included public involvement, a park and recreation inventory, goals and objectives and a demand and need analysis to formulate a six year Capital Improvement Program The core goals developed for the plan are that the City wishes to enhance and fully develop all current parks and recreation areas and facilities, while developing new ones The focus of the new facilities is an outdoor athletic park and an indoor recreation center The plan also emphaSizes the need to develop public/private partnerships for financial stability and to promote effective and efficient management of Parks and Recreation Findings and Conclusions. 1 Proponent. City of Yelm 2 Location City wide 3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News on Friday, October 8, 1999, and posted in public areas on October 6, 1999 4 Comprehensive Plan Section VII, Parks/Open Space provides goals and objectives for the City to achieve meeting the needs and demands for parks and recreational uses within the City and Urban Growth Area o The draft plan is consistent with these goals and objectives and furthers the City's efforts to provide parks, open space and recreation The Demand and Need Analysis provides a good understanding of what types of facilities are needed The Capital Facilities Program provides a realistiC monetary plan to meet the park and recreation needs described In the plan Staff Recommendation. Staff recommends the Draft Parks and Recreation Plan and Comprehensive Plan Amendment be approved and forwarded to the City Council for action c o c NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION DATE PLACE PURPOSE Monday, October 18,1999,400 p.m Council Chambers, City Hall, 105 Yelm Ave W, Yelm WA Public Hearing to receive comments on the City of Yelm Parks and Recreation Comprehensive Plan APPLICANT City of Yelm PROJECT LOCATION Yelm, WA The Yelm Planning Commission will hold a public hearing to receive comments on the City of Yelm Parks and Recreation Comprehensive Plan The plan uses public involvement, a park and recreation inventory, goals and objectives and a demand and need analysis to formulate a SIX year Capital Improvement Program The overall goals of the plan are to enhance and fully develop all current parks and recreation areas and facilities, while developing new ones Testimony may be given at the hearing or through any written comments on the proposal, received by the close of the public hearing on October 18, 1999 Such written comments may be submitted to the City of Yelm at the address shown above or mailed to City of Yelm, 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 Cathie Carlson at 458-8408 The City of Yelm provides reasonable accommodations to persons with disabilities If you need special accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72 hours before the meeting ATTEST City of Yelm /,/ ~ ) j,') v Olf fj , ~'Lj/lflrLa: I: Agns Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News Friday, October 8, 1999 Posted in Public Areas Wednesday, October 6, 1999 (\ o City of Yelm c ~ l~ 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 YELM WASHINGTDN AGENDA CITY OF YELM PLANNING COMMISSION MONDAY, OCTOBER 18,1999400 P M YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W 1 Call to Order, Roll Call, Approval of Minutes - September 20, 1999, minutes included 2 Public Communications (Not associated with measures or topics for which public hearings have been held or for which are anticipated) 3 Public Hearing - Southwest Yelm Conceptual Master Plan Applicant: DragtlDeTray and Thurston Highlands Associates Proposal Conceptual Master Plan for 1860 acres with a residential density between 4800 - 5000 units (max. 5000 units - min 3946 units) The proposal includes 2 golf courses, 37 acres of parks and open space, 31 acres for schools and 30 acres for buffers and rapid infiltration areas for water reuse Project Location Southwest Yelm Staff report enclosed Copies of the staff report are available at City Hall 4 Public Hearing - City of Yelm Parks & Recreation Plan Applicant: City of Yelm Proposal Update of the City Parks & Recreation Plan and Comprehensive Plan Amendment Project Location City wide Staff report enclosed Copies of the Draft plan are available at City Hall 5 Other" Joint Planning Commission Meeting - October 25, 1999, 6 30 - 9 00 pm , Lacey City Hall 6 Adjourn - Enclosures are available to non-Commission members upon request. If you need special arrangements to attend or participate in this meeting, please contact Yelm City Hall, at 458-3244 ? '-' NEXT REGULAR MEETING, MONDAY, NOVEMBER 15,1999,400 P M o c o YELM PLANNING COMMISSION MINUTES Monday, September 20, 1999 YELM CITY HALL COUNCIL CHAMBERS Motion No The meeting was called to order at 4 00 P m by Roberta Longmire Members present. Margaret Clapp, Bob Isom, Ray Kent, Roberta Longmire, John Thomson Guest(s) Buffie Clark, Glen Cunningham-City Council Liaison, Jim Gebhardt-Skillings-Connolly, Inc Staff" Cathie Carlson, Ken Garmann, Dana Spivey Members absent: Glenn Blando, E J Curry, Tom Gorman, Joe Huddleston Approval of Minutes 99-12 MOTION BY RAY KENT, SECONDED BY MARGARET CLAPP TO APPROVE THE MINUTES OF JUNE 21, 1999 AND JULY 19, 1999 MOTION CARRIED Public Communications' There were none Public Hearinq - Country Storage Binding Site Plan Roberta Longmire opened the public hearing at 4 05 P m Roberta then asked if any of the Planning Commission members had a conflict of interest? There was none Roberta asked if any member of the Planning Commission had received any information prior to the hearing? None Roberta asked the applicant/representative if he had any conflicts of interest with any of the other PC members? He said no Cathie Carlson gave the staff report. Cathie then stated that city staff is recommending approval based on the conditions presented Roberta asked the PC if there were any questions? Ray Kent asked about the speed limit, it seems to be a problem in front of the lumber store, it probably will be at this location also Ken Garmann stated that the Dept. of Transportation determines if a speed limit should be lowered etc Rav suggested another request should be made with WSDOT Ray then asked about the relocation of the power pole? Ken said it will be behind the sidewalk on the public right-of-way Roberta asked if the applicant/representative has any comments? Jim Gebhardt of Skillings Connolly, Inc ,said that everything has been covered, but on the map there will be one small correction - there will be 11 stalls of parking not 12, he IS revamping that part to get the loading area in Ray asked if there will be a "do no enter" sign at the Yelm Avenue entrance? Mr. Gebhardt said yes Ray asked ifWSDOT could double line the intersection (Hwy 507 & Grove Road)? Yelm Planning Commission September 20 1999 Page 1 o o c Ken said that the City is working with WSDOT now on a project from First Street to the top of the hill (viaduct) just past the Flood's livestock exchange & restaurant (towards McKenna) Bob Isom asked about the fire flow in this area? Ken stated that It meets the city's standards Bob then asked if the espresso stand is a drive-up only? Mr. Gebhardt stated that there have been discussions regarding this They may incorporate a pedestrian walkway/pathway In the landscaping plan Cathie added that it could be as simple as making a color concrete with hatch walkway Margaret Clapp asked if Bald Hills Road will ever be connecting over to Grove Road? Cathie said no, the Y2/Y3 connection to Yelm Avenue would be East of the site near the livestock exchange Glen Cunningham asked about the latecomer fee? Cathie stated that unfortunately it has not been adopted yet, so it would not apply to thiS project. There were no further questions Roberta closed the public hearing at 4 35 pm 99-13 MOTION BY MARGARET CLAPP, SECONDED BY RAY KENT TO APPROVE THE COUNTRY STORAGE BINDING SITE PLAN APPLICATION WITH CONDITIONS OF APPROVAL IN THE STAFF REPORT MOTION CARRIED Other - Aqenda for October meeting - Cathie discussed the tentative agenda for the next PC meeting, October 18th There will be two public hearings, one on the SW Yelm Conceptual Master Plan, and the second one on the Yelm Parks & Recreation Plan Cathie handed out draft copies of the Parks & Rec Plan for everyone to review prior to the October meeting Cathie informed the PC to be prepared for a good amount of reading material for the SW Yelm public hearing, which will come to everyone In the mail Meeting adjourned at 4 40 P m Respectfully submitted, ..~ Roberta Longmire Date Yelm Planning Commission September 20 1999 Page '2 '0 c c VISITOR SIGN IN SHEET I Please sign In and indicate if you wish to speak at this meeting or to be added to the mailing list to receive future agendas and minutes MEETING. YELM PLANNING COMMISSION DATE Sept. 20, 1999 TIME 400 PM LOCATION. YELM CITY HALL, COUNCIL CHAMBERS Public Hearing(s). Country Storage Binding Site Plan NAMF R. AnnRFSS MAli ING liST? I SPEAKFR? i....~ .5 c / ~ L c=..c.: e 1 /.3'C vi) ,047 A-",~I,G-NJi- La...~-ey 4.-4- ;; 53.5?3 GLEJJ {!q/.J;JIIJ GHltN1 o City of Yelm c o 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 Date September 7, 1999 To Planning Commission From Cathie Carlson, City Planner Re BSP-99-8239- YL - Country Storage Binding Site Plan LIST OF EXHIBITS: Exhibit I - Public Hearing Notice Exhibit II - Site Plan A. Public Hearina Obiective. The Planning Commission must determine if the proposed binding site plan is consistent with the applicable City of Yelm Municipal Code(s) After consideration of the facts and public testimony the Planning Commission must take one of the following actions request additional information from the applicant and/or staff, continue the public hearing, approve the project with modifications to the conditions of approval or approve the project with the conditions of approval as specified in this staff report. B. Proposal. The applicant has applied for a binding site plan to segregate approximately 5 acres into two commercial lots The proposed Lot 1 is 4 5 acres and fully developed with the Country Storage facility The proposed Lot 2 is 5 acre and the applicant is proposing to construct a 1500 square foot Quick Lube Shop and a 264 square foot espresso stand c. Findinas: 1 Proponent. Randy Paigen 2 Location Northwest corner of East Yelm Avenue and Grove Road Tax Parcel 64303400600 3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News on September 3, 1999, and posted in public areas on September 7, 1999 The notice was mailed to adjacent property owners and the applicant on September 7, 1999 4 Existing Land Use Mini-Storage Facility 5 Adiacent Land Uses Commercial - Prairie Lumber, Jolly Rodger's, residential and vacant. 6 Comprehensive Plan The site is designated Commercial 7 ZoninQ Chapter 17 28, Large Lot Commercial Zone (C-3) Staff Report Case #BSP-99-8239- YL September 7, 1999 Page 2 o 8 Yelm Municipal Code. Chapter 16 32, Binding Site Plan, provides the minimum requirements for application submittal and approval Title 17, Zoning, governs land use, the Design Guidelines provide criteria for site development and improvements and the Development Guidelines provide minimum design and construction standards 9 Soils and Geoloqy Spanaway gravelly sandy loam 10 Ground Water The project site is located in a Category I Aquifer Recharge area 11 Transportation and Site Access. The site fronts on both East Yelm Avenue and Grove Road The Yelm Development Guidelines, Chapter 4, classifies Grove Road and East Yelm Avenue as "urban arterial" The proposed access to the site on Grove Road is a full ,access Currently to the north of the Grove Road access, and immediately adjacent, is a secondary access to Country Storage and to the east of the site is an access for Prairie Lumber The proposed access to the site on East Yelm Avenue is a right-out only The 0 posted speed limit on East Yelm Avenue at the driveway location is 55 mph The proposed access is approximately 100 feet west of the East Yelm Avenue and Grove Road Intersection after realignment. The previous land use approval, dated March 15, 1995, required Country Storage to construct half street improvements to Grove Road and Yelm Avenue East along the parcel frontages The developer was allowed to defer the improvements by agreeing to enter into an agreement waiving any right to protest the formation of a LID or latecomer's agreement. Also when the property to the east of the site, Prairie Lumber, received Site Plan Approval in 1995, it was conditioned with the requirement to construct half-street improvements along its Grove Road and East Yelm Avenue frontage The owner was allowed to defer the improvements by agreeing to enter into an agreement waiving any right to protest the formation of a LID or latecomer's agreement. The existing use of the site and surrounding areas generate a significant amount of traffic at the Yelm Avenue East and Grove Road Intersection With the additional traffic from the proposed new uses the increase in traffic further compromises the safety of motorists entering and exiting the intersection The current "skewed" alignment of the intersection forces mid to large size vehicles turning onto Grove Road or Yelm Avenue to encroach into the opposing traffic lanes The current alignment does not met the current State and City design standards The preferred alternative for the Y -3/Y -2 transportation corridor is located 0 approximately 800 feet to the east of the site The project would not be physically affected by the Y -2/Y -3 corridor C Staff Report Case #BSP-99-8239- YL September 7, 1999 Page 3 Consistent with City of Yelm Ordinance 580, Concurrency Ordinance, an Automobile Care Center, land use category 840, generates a basic rate of 3 29 new pm peak hour trips per 1000 square feet of gross floor area After discounting 25% for pass-by trips the net new pm peak hour trips are 2 47 new pm peak hour trips per 1000 square feet of gross floor area from the Quick Lube Shop The Quick Lube Shop would generate 4 new pm peak hour trips to the transportation system The espresso stand, land use category - retail shopping, generates a net new trip rate of 7 57 pm peak trips per 1000 square feet of gross floor area The espresso stand would generate 2 new pm peak hour trips to the transportation system As proposed the development would generate a total of 6 new pm peak hour trips to the transportation system The Concurrency Ordinance requires that impacts to the transportation system from new traffic be mitigated through the Transportation Facility Charge of $750 00 per new pm peak hour 12. Parkinq Chapter 17 72, Off-Street Parking and Loading, requires one parking stall for every 250 square feet of gross floor area The combined total for the Quick Lube Shop and Espresso Stand requires seven (7) parking stalls c The applicant has proposed eleven (11) parking stalls An off-street loading area is required for buildings up to 25,000 square feet where retailing or wholesaling of merchandise requires regular deliver The applicant has not proposed a loading area 13 Wastewater The project site is in the City Sewer Service Area but is not currently served by the Sewer Treatment Plant. The site is planned to be served by the City STEP sewer system from the existing service line located on Middle Road There is an on-site septic system installed on the proposed Lot 1, Country Storage Initial discussions with the Thurston County Environmental Health Department indicate that the current facility is adequate to accommodate the proposed expansion 14 Water Supplv The project site is currently in the City's Water Service Area The proposed Lot 1 is currently connected to the City's water system There are existing water lines located on the north side of East Yelm Avenue as well as on the east side of Grove Road c 15 Drainaqe/Storm water The completed project will increase impervious surfaces on the site and adjacent streets Impervious surfaces create stormwater runoff When uncontrolled and untreated stormwater runoff can create health and safety Staff Report Case #BSP-99-8239- YL September 7, 1999 Page 4 o hazards YMC requires all development to comply with the City Stormwater Manual for the control and treatment of stormwater runoff Stormwater facilities require continued maintenance to ensure they remain in proper working condition There is a stormwater facility installed on the proposed Lot 1, Country Storage From the initial discussions with the applicant it appears the original facility was designed and constructed to accommodate full build-out of the site 16 Utilities The site is served by Puget Sound Energy (electric and gas) and Yelm Telephone 17 Hazardous Waste. The Quick Lube Shop will store and use automobile products that are classified as hazardous waste material Proper storage, use and disposal is essential to ensure environmental health and safety Thurston County Hazardous Waste Ordinance, administered by the County Environmental Health Department requires that uses which store, use or dispose of 0 hazardous wastes have an emergency spill plan 18 Fire Protection Fire protection is provided by the Thurston County Fire District #2. The applicant has not submitted Fire Flow Calculations for the existing fire hydrants 19 Police Protection Police protection is provided by the City of Yelm 20 Landscaping. Landscaping and screening are necessary to promote safety, to provide screening between compatible land uses, to safeguard privacy and to protect the aesthetic assets of the City Chapter 17 80, Landscaping, requires the applicant to provide the following on-site landscaping Type II landscaping is used to provide visual separation of compatible uses Type II landscaping is required around the perimeter of a site, which has compatible zoning and adjacent to buildings to provide visual separation of compatible use and soften the appearance of streets, parking areas and building elevation Type III landscaping provides visual relief where clear sight is desired This landscaping includes street trees and vegetation required with frontage improvements and along pedestrian walks for separation of pedestrians from streets and parking areas Type IV landscaping is needed to provide visual relief and shade in parking areas o c c (\ \.J Staff Report Case #BSP-99-8239- YL September 7, 1999 Page 5 As required by Chapter 17 80, the applicant has conceptually indicated on the proposed site plan the areas designated for landscaping and the type of landscaping A final landscaping and irrigation plan is required as an element of civil drawings 21 Desiqn Guidelines The project site is in the Design Guidelines Gateway District. The Design Guidelines require developers to consider' 1 Site Planning - the location, orientation and relationships of buildings, parking lots and other features 2 Pedestrian Access - pedestrian circulation, safety and comfort. 3 Vehicular Access and Parking - location and size of driveways, access roads and parking lot. 4 Building Design - design elements anc character of built structures 5 Site Design and Landscaping - character and qualities of landscaping, open space and other site features The applicant was provided a checklist which indicated the guidelines that were applicable to this project. The checklist is attached with staff comments regarding the status on each of the applicable design guidelines for the project. Conditions of Approval: Sale or transfer of lots - Condition of Approval 1 The lots created with the approval of the binding site plan shall not be sold or transferred unless the binding site plan and a record of survey map, which is prepared in compliance with Chapter 58 09 RCW is approved by the City and filed for record in the county auditor's office Transportation - Conditions of Approval 2 Consistent with City of Yelm Ordinance 580, Concurrency Ordinance, the proposed development will generate 6 new pm peak hour trips The Concurrency Ordinance requires that impacts to the transportation system from new traffic be mitigated through the Transportation Facility Charge (TFC) The TFC for the Quick Lube Shop is $3000 00 and $150000 for the Espresso Stand The TFC is payable at time of building permit issuance 3 The applicant shall construct half-street improvements along the Lot 2'5 frontage on East Yelm Avenue and Grove Road The improvements are non-deferrable Staff Report Case #BSP-99-8239- YL September 7, 1999 Page 6 o 4 Lot 2 frontage improvements for East Yelm Avenue include lane improvements, curb, planter strip, sidewalk, landscape and storm drainage The on-site roadway section is "urban arterial" 5 Lot 2 frontage improvements for Grove Road will include its re-alignment. Because of the re-alignment the street improvements have been slightly modified and will not require a planter strip (Grove Road only) The applicant shall use the existing Grove Road design for construction 6 The applicant shall dedicate sufficient right of way on which to construct the half-street improvements These improvements shall be constructed with the project. 7 Lot 1 frontage improvements for East Yelm Avenue include lane improvements, curb, planter strip, sidewalk, landscape and storm drainage The on-sjte roadway section is "urban arterial" The owner may defer said improvements, but shall enter into an agreement with the City waiving any right to protest the formation of a LID or latecomer's agreement. 8 Lot 1 frontage improvements for Grove Road include lane improvements, curb, planter strip, sidewalk, landscape and storm drainage The on-site roadway section is "urban arterial" The owner may defer said improvements, but shall enter into an agreement with the City waiving any right to protest the formation of a LID or latecomer's agreement. o 9 At such time Lot 2 frontage improvements are considered on either Grove Road or East Yelm Avenue owner shall dedicate sufficient right of way on which to construct the half- street improvements 10 Access on Grove Road is permissible but will be required to align with Prairie Lumber's existing entrance The maximum full service entrance allowed on Grove Road is 36 feet. 11 The secondary access to the Country Storage facility (Lot 1) that is adjacent to Lot 2's access on Grove Road shall be an emergency access only and shall be signed accordingly 12 There is an allowable right turn exit only onto East Yelm Avenue at the western property line, a minimum of 125 linear feet from the right turn lane of the new Grove Road re- alignment shall be maintained The right-turn" exit only" onto East Yelm Avenue is required to be a true 90 degree angle, full stop exit onto East Yelm Avenue 13 Road design shall meet the intent of the City's Development Guidelines On-Site Parkinq and Loadinq Areas - Conditions of Approval o 14 The applicant shall revise the site plan to include a designated loading area to meet the o c o Staff Report Case #BSP-99-8239- YL September 7, 1999 Page 7 minimu(11 requirements of Chapter 17 72 060, Off-street loading 15 The applicant shall submit a parking lot stripping plan with civil plans and shall include minimum ADA requirements Water - Conditions of Approval 16 The applicant shall connect Lot 2 to the City water system and purchase one ERU The connection fee for each dwelling is based on Equivalent Residential Unit usage (each ERU equals 240 gallons of water consumption per day) The ERU fee is established by City resolution and is payable at time of building permit issuance The meter fee is established by City resolution and is payable at time of building permit issuance 17 Water consumption shall be monitored by the City for six months to determine if additional ERU's need to be purchased 18 The applicant shall install a separate water meter for the purpose of irrigation 19 All water connection fees are due at time of building permit issuance Sanitary Sewer - Conditions of Approval 20 The applicant shall obtain approval from Thurston Country Environmental Health Department to use the existing on-site system Written approval must be obtained prior to the City issuing a building permit. 21 If Thurston County approves the on-site sewage system the applicant shall design any additions or modifications to the system to be compatible to the City STEP Sewer System City permitted inspections will be required for installation of the septic tank to ensure compatibility with the City's STEP system for future connection 22. The applicant will be required to connect to the City STEP sewer system when lines are available to the site The applicant shall enter into an agreement with the City waiving any right to protest the formation of a LID or latecomer's agreement when connection to the City STEP system is necessary 23 If Thurston County does not approve of the on-site sewage system the applicant shall extend the existing service line from Middle Road to the proposed site A latecomer's agreement may be formed on the sewer extension 24 Sewer ERU's (equivalent residential units) are based on discharge of 240 gallons per day and will be charged at the rate in effect at the time of connection Discharge will be monitored for six months to determine if additional ERU's need to be purchased Staff Report Case #BSP-99-8239- YL September 7, 1999 Page 8 o Storm Water - Conditions of Approval 25 The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm Best Management Practices (BMP's) are required during construction of the storm water facilities 26 The applicant shall compile a final storm water report along with construction drawings 27 The applicant shall submit a storm water operation and maintenance plan to the Public Works Department for approval prior to recording the binding site plan The stormwater operation and maintenance plan shall be recorded at Thurston County Auditor's Office Design Standards - Condition of Approval 28 The applicant shall utilize the City's Development Guidelines as a guide to develop project civil drawings Hazardous Waste - Condition of Approval 29 The applicant shall comply with Thurston County Hazardous Waste Plan Approval from Thurston County Environmental Health Department must be obtained prior to occupancy o Landscaping - Conditions of Approval 30 The applicant shall landscape the planter strip along East Yelm Avenue per the YMC 31 The applicant shall submit a final landscape and irrigation plan to the Planning Department for approval prior to issuance of a building premit. Desion Guidelines - Conditions of Approval 32 The applicant shall continue to work with city staff to develop a pedestrian circulation plan and to ensure all applicable guidelines are meet to the City's satisfaction o o o o DESIGN GUIDELlES - Northwest corner of Yelm Hwy & Grove Road Guidelines Guidelines Project Review Checklist - Gateway District Applicable Met I.A.( I ) Relate development to pedestrian oriented street frontage. I.A.(2) Relate development to street fronts (other than pedestrian-oriented streets). X Needs improvement I.B.(I) Minimize visibility and impacts of service areas. X V I.c.( I) Take advantage of special opportunities and mitigate impacts of large developments. I.D.( I) Reduce impact of service areas and mechanical equipment. X Civil review 1.E.( I) Integrate biofiltration swales and ponds into the overall site design. X N/A I.F.(I ) Enhance the visual quality of development on corners. X Needs improvement 1.F.(2) Provide a paved pedestrian walkway from the street corner to the building entrance. II.A.( I) All pedestrian paths must correspond with federal, state and local codes for X Civil review handicapped access, and the Americans with Disabilities Act. I1.A.(2) Provide adequate lighting at the building entries and all walkways and paths X Civil review through parking lots. II.A.(3) Develop an on-site pedestrian circulation concept. X Need 11.8.(1) Provide a pedestrian path at least 60" wide (preferably 96" wide) from the X Need street sidewalk to the main entry II.B.(2) Provide pedestrian paths or walkways connecting all businesses and the X Need entries of multiple buildings on the same development site. I1.B.(3) Provide pathways through parking lots X NJA II.C.( I) Where street ROW is insufficient to provide adequate sidewalks buildings and X V -Civil other site features must be set back from the public ROW to achieve at least review minimum sidewalk widths. I1.c.(2) Where new streets are developed, provide sidewalks according to minimum X V -Civil standards. review II.D.( I) Provide, where feasible, pedestrian circulation routes to adjacent uses and X Need transit. II.D.(2) Integrate nearby transit stops into the planning of adjacent site improvements. X N/A I1.D.(3) Encourage pedestrian paths from all transit stops through commercial areas to X N/A residential areas within 1200 feet I1.E.(I) Enhance building entry access. X Building plan review II.F.(I ) Provide pedestrian-oriented open space at key locations. III.A,(I ) Provide access roads through large lots with more than one street frontage. II1.B.(I ) Minimize driveway impacts, X V III.C.O) Meet requirements for location of parking lots on pedestrian-oriented streets. DESIGN GUIDELINES Guidelines Guidelines Project Review Checklist Applicable Met III.C.(2) Meet requirements for parking lot design detail standards. X v -Civil review III.D.(I ) Minimize parking areas through joint use and management. X N/A III.D.(2) Encourage structured parking. 111.0.(3) Reduce impacts of parking garages. IV.A.(I) Incorporate human-scale building elements. X Building Plan review IV.B.(\) Reduce scale of large buildings. X N/A IV c.(I ) Architecturally accentuate building comers at street intersections. IV.D.(I) Enhance buildings with appropriate details. X Building Plan review IV.E.( I) Retain original facades. IV.E.(2) Use compatible building materials. (See Building Material Summary Matrix, X Building Pan pg 59) review IV.F.(I ) Treat blank walls that are visible from the street parking or adjacent lot. X N/A IV G.(I) Locate and/or screen roof-mounted mechanical equipment so as not to be X Building Plan visible from the street or from the ground-level of adjacent properties. review IVG.(2) Where practical, locate and/or screen utility meters, electrical conduit and X Civil review other serviye and utilities apparatus so as not to be visible from the street. V.F.(I ) Use plant materials that are approved for use in downtown Yelm. Proponents may use other plant materials approved by the City V G.(I) Develop a site landscape design concept. X v V.H.(I) Provide substantial site landscaping. X Final plan required V.H.(2) Protect and enhance natural features. X N/A V.I.( I) Screen all parking lots as required by Chapter 17.80 Landscaping. X v V.I.(2) An alternative to the required perimeter parking area landscaping plan may be X N/A submitted. V.I.(3) Provide internal parking lot landscaping. X N/A V.J.(I) Consider alternative building and parking siting strategies to preserve existing trees. V.J.(2) Consider the integration of pedestrian and bicycle paths with stands of mature trees where feasible to connect adjacent uses. o o o rlTY OF YELM EXHIBIT I () PUBLIC INOTICE BSP-99-8239- YL NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION DATE PLACE: PURPOSE. Monday, September 20,1999,4.00 p.m. Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA Public Hearing to receive comments on a Binding Site Plan Application, Case #BSP-99-8239~YL APPLICANT: Randy Paigen PROJECT LOCATION Northwest corner of Hwy 507 and Grove Road, Yelm, WA The Yelm Planning Commission will hold a public hearing to receive comments on a binding site plan application to segregate approximately 5 acres into two commercial lots. The proposed Lot 1 is 4.5 acres and fully developed with the Country Storage facility The proposed Lot 2 is .5 acre and the applicant is proposing to construct a 1500 square foot Quick Lube Shop and a 264 square foot espresso stand. C) Testimony may be given at the hearing or through any written comments on the proposal, received by the close of the public hearing on September 20, 1999. Such written comments may be submitted to the City of Yelm at the address shown above or mailed to City of Yelm, 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 Cathie Carlson at 458-8408 The City of Ye(m provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72 hours before the meeting ATTEST City of Yelm ~ kLtl- Agnes en nick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News Friday, September 3, 1999 Posted in Public Areas. Tuesday September 7, 1999 Mailed to Adjacent Property Tuesday, September 7, 1999 () Date: September 7,1999 .. C m .... (I) C/) (I) "C .... (I) 3 C'" (I) ., ..... . CD CD f', CD ~-~ ) LOT 1 9- ~ 'Z- C1 U'> r- --' --'0 i>.,:l _7 <.;.~ Gm c::. ~ 'Z- C1 ~(Q)o f@;~ fA IJ'U ~llll~ 1P&.Il8CIEB.. 1 SITE PLAN CITY OF YELM BINDING SITE PLAN \ \ A PORTION OF SECTION 29, TOWNSHIP 17 NORTH, RANGE 2 EAST, W M \ \ \ \ OWNER: COUNTRY STORAGE, A WASHINGTON GENERAL PARTNERSHIP DEVELOPER; RANDY PAIGEN SITE ADDRESS. 10539 GROVE ROAD SE, YELM WA. PARCEL NO, 64303400600 \ \ \ \ \ \ ~ \ \ \ NOTES I) lANDSCAPING ~LL MEeT THE REQUIREMENl'S FOR TYPE: " PER CHAPTf:R 17,80, T'f?E" 2) BUILDING SCT8ACXS IS' ALL SIDES PER CHAPTER 17,28 ZONE C-J J} 12 PARKING STAUS, 8 REQUIRED PER CITY OF YELM ORDINANCE: 4) CITY OF Y!:UI WATER 5) SEPTIC SEll!:R, SHARED EXISTING SYSTEM ON LOT , 8) CITY OF Y!:UI nRE PROTECTION 7) BUSINESS SlGNAGE: TO MEeT CITY OF \'ELM REGULA TlONS 8) STORI./ DR,\JNAGE:: SURFACE RUNOFT TO 8E DIRECTED TOWARDS STORM DRAINAGE: POND ON LOT I. ROOF RUNOFT TO 8E DIRECTED TO DRY IlfiLS ON SITE \ \ \ \ \ ~ \"---- \. .. ~\ \ \ \ ; ..~ iii ii ~~ Ii U SCAU:: '"-20 rEET ...- , o '0 20 ..0 JUNE 1999 \ \ \ LEGEND O PROPOSED LANOSCAK Pl.ANTlNGS LOCA TlON 8Y OTHERS \ \ \ " nRE H'rf)RANT, TYPICAL. LOCA TlON 8Y OTHERS \ \ \ .. \ " '" \ \ \ ~ SkilIiNljS' CoNNOlly INC. ~ &.ql.mos il HIGHWAY 507 (YELM AVE.) . - - J - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ L c ) cmL__ -==.....-===- g9053 ( ') m ~~ CJo -i "Tl --( m r 3: m -c ;~ co"'C I~ ~ c c ('\ \J City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 YELM WASHINGTON AGENDA CITY OF YELM PLANNING COMMiSSION J 2 MONDAY, Jl:H=Y"19, 1999400 P M Se-{-'I () YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE W 1 Call to Order, Roll Call, Approval of Minutes - June 21 and July 19, 1999 minutes Included 2 Public Communications (Not associated with measures or topics for which public hearings have been held or for which are anticipated) 3 Public Hearing - Country Storage Binding Site Plan Applicant: Randy Paigen Proposal Segregation of 5 acres into 2 parcels 4 5 acres and 5 acres Oeveiop 5 acres with a 1500 sq ft QUick Lube Shop and free standing espresso stand Project Location Northwest corner of Yelm Avenue East and Grove Road Staff report enclosed 4- Other' Tentative agenda for October' A. Public Hearing on Thurston Highlands Conceptual Master Plan B Public Hearing on ComprehensiVe Plan and Development GUldt~lines Amendment to include - an updated Parks & Recreation Plan and an updated Street Tree List. 5 .Adjourn - Enclosures are available to non-Commission members upon request. If you need special arrangements to attend or participate in Hlis meeting, please contact Yelm City Hall at 458-3244 NEXT REGULAR MEETING, MONDAY, OCTOBER 18,1999.400 P M o City of Yelm c c 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 PUBLIC NOTICE The AugusL1Q-1.J 999 Regular Planning Commission meeting has been CANCELLED The. next regular meeting of the Yelm Planning Commission will be held In Council Chambers at Yelm City Hall 105 Yelm Ave W on Monday, September 20, i999 at 4:00 pm, If there are any questions concerning this change piease call the City Planner, Cathie Carlson at (360)458..8408 /) / ;'/1[ w ;) ,6) bet[ u: L Agl~s P 8ennlck City CierklTreasurer DO NOT PUBLISH BELOW THIS LINE Published in the Nlsqually Valley News, Friday, August 13, 1999 Malied to the Planning Commission mailing list, August 11, 1999 Posted at Yelm City Hall, Court and Yelm Library, August 11 1999 c YELM PLANNING COMMISSION MINUTES JULY 19, 1999 YELM CITY HALL COUNCIL CHAMBERS Motion No. The meetmg was called to order by Joe Huddleston at 4.00 p.m. Members present: Glenn Blando, Margaret Clapp Joe Huddleston, Bob Isom, Ray Kent, Roberta LongmIre, John Thomson. Guests Glen Cunnmgham-CIty CouncIl LIaiSOn, Erhng BIrkland-Prame Electnc Co, Mike Malan-John L. Scott, Steve Hilmer-Nisqually Valley News, Michael Brown-Yelm Telephone Co Staff Shelly Badger, CathIe Carlson, Ken Garmann, and Annette Laughlm. Members absent: EJ Curry, Tom Gorman Approval of Minutes Minutes not compl~te at thIS tIme Public Communications There were none c Public Hearin2:: Canal Estates Joe Huddelston opened the pubhc heanng at 4.02 p.m. (CouncIlman Glen Cunnmgham left the room.) Joe then asked If any ofthe Plannmg CommIssIOn members had a conflIct of mterest? There was none Joe asked If any member of the Plannmg CommIssIOn had receIved any mformatIOn pnor to the heanng? None Joe called for the staff report. CathIe Carlson showed the exact spot on the zonmg map and gave the staff report. CathIe stated that staff recommends the Plannmg CommIssIon forward the Canal Estates to CIty CouncIl for approval. A correctIOn to the staff report was stated that D 9 should read. The apphcant shall leave a mmImum of 10 feet of undIsturbed SOlI between the Western property lme and the toe of the slope of the West SIde of Lots #8-15 It was also stated where and what SIze water mams would be connected to furnIsh the property WIth CIty water In sectIOn D 28 The amount of the fee-m-heu of IS $11,100 76 99-09 With no pubhc comment, there was dIscussIOn between CommIssIOn and staff about the CIty'S benefit to thIS proJect. Joe then closed the pubhc heanng at 4.30 p.m. MOTION BY RAY KENT, SECONDED BY GLENN BLANDO TO FORWARD A RECOMMENDATION TO CITY COUNCIL TO APPROVE THE CANAL ESTATES PROJECT AS CONDITIONED IN THE STAFF REPORT. MOTION CARRIED. o CIty CouncIlman Glen Cunnmgham returned. Yelm Planning Commission July 19,1999 Page 1 '" Public Hearine:: Telecommunications Ordinance Joe Huddleston opened the publIc heanng at 433 p.m. Joe then asked If any of the Planmng CommIssIOn members had a conflIct of mterest? There was none Joe asked If any member of the Plannmg CommIssIOn had receIved any mformatIOn pnor to the heanng? None Joe then called for a staff report. Shelly Badger gave an overvIew of the wntten staff report, whIch contamed changes that were generated from a Plannmg CommlSlon/CIty CouncIl worksessIOn on July 6 It was also stated that an adoptIOn of the ordmances was targeted for August 25th o Shelly explamed that the Wireless CommumcatIOns FaCIlIty (WCF) addressed towers and antennas. PermItted locatIOns and heIghts were explamed. With no publIc comment, Bob Isom mqUIred about fees Shelly stated that she had used the processmg fees that RaImer IS now usmg. Shelly then stated that the TelecommumcatIOns Ordmance would establIsh standards and fees for grantmg and renewals of lIcenses and franchIses and regulate publIc nght of way Michael Brown- Y elm Telephone Company gave an explanatIOn of franchIse/permIt fees. It was requested that the franchIse term be extended. o 99-10 DIscussIOn between CommIssIOn and staff regardmg the franchIse and permIt and annual fees. Joe then closed the publIc heanng at 5.23 p.m. MOTION BY MARGARET CLAPP, SECONDED BY RAY KENT TO FORWARD THE WIRELESS COMMUNICATIONS AND TELECOMMUNICATIONS ORDINANCES TO CITY COUNCIL FOR APPROVAL WITH THE EXCEPTION OF FRANCHISE FEES AND TERMS. MOTION CARRIED. Public Hearine:: Zonine: Code Amendments Joe Huddleston opened the publIc heanng at 5 24 p.m. Joe then asked the Plannmg CommIssIon members If any had a conflIct of mterest? None Joe asked If any member of the Planmng CommIssIOn had receIved any mformatIOn pnor to the heanng? None Joe then called for a staff report. CathIe Carlson stated that there had been 8 months of work put mto the vanous amendments, mcludmg secondary dwellmgs m low and moderate denSIty reSIdentIal dIstncts, mmI-storage faCIlItIes and recreatIOnal vehIcle storage m commercial dIstncts, manufactured homes and commumtIes, mmImum lot SIze m C-3 CommercIal DIstnct and applIcatIOn processmg for amendments, rezones and vanances. o Yelm Planning Commission July 19, 1999 Page 2 " ~-I;,J" c It was stated that Manufactured Homes foundatIOns should have no more than 12 mches of the penmeter vIsible or above the fimsh grade of the lot. Mike Malan-John L. Scott questIOned the buffenng that would be reqUIred for Manufactured Home CommUnItIes. It was stated that the buffenng would cause a loss of useable land and was a form of dIscnmmatIOn. It was questIOned If a fence could be conSIdered? CathIe Carlson stated that a smaller buffenng WIth a fence could be conSIdered, but there needed to be a physIcal separatIOn. Shelly Badger stated that the buffenng for Manufactured Home CommunItIes dIffer from other COmmUnItIes but the mtenor reqUIrements IS also dIfferent. John Thomson stated that If the Manufactured Home CommUnItIes wanted the same buffenng standards as other cOmmUnItIes, perhaps the mtenor standards should be changed to comply WIth the standards of other commumtles. Loren Wade-potentIal Yelm MobIle Home Park owner-commented that WIth the lIsted reqUIrements for buffenng, property he had mqUIred about would not be sUItable for a mobIle home park. c Michael Brown- Yelm Telephone Co - stated that secondary dwellmgs have no reqUIrement for numbenng of buildmgs and suggested that wordmg be amended to reqUIre such bUIldmgs to be numbered accordmgly for emergency purposes. 99-11 It was stated that Heavy CommercIal Zone (C-2) mcludes RecreatIOnal VehIcle Storage After dISCUSSIOn between guests, CommIsSIon, and staff was complete, Joe closed the publIc hearmg at 5 46 MOTION BY BOB ISOM, SECONDED BY ROBERT A LONGMIRE TO FORWARD A RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF THE ZONING CODE AMENDMENTS AS PROPOSED. MOTION CARRIED. Other CathIe stated that the regularly scheduled August meetmg would be cancelled and the next meetmg would be September 20, 1999 Also, a Jomt Plannmg CommiSSIOn meetmg with Lacey, Tumwater, OlympIa, and Thurston County would tentatIvely take place on October 27, 1999, WIth locatIon to be announced. Meetmg was adjourned at 5 48 p.m. Respectfully submItted, Annette L LaughlIn o Joe Huddleston Date Yelm Planning Commission July 19,1999 Page 3 .... ~ \J c c City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 Date July 13, 1999 To Yelm Planning Commission From Cathie Carlson, City Planner Re Case No SUB 99-8236-YL, Canal Estates LIST OF EXHIBITS. Exhibit I - Public Hearing Notice Exhibit II - Site Plan Exhibit III - Mitigated Determination of NonSignificance A. Public Hearina Obiective. The Planning Commission must determine if the proposed subdivision is consistent with the applicable City of Yelm Municipal Code(s) After consideration of the facts and public testimony the Planning Commission must take one of the following actions request additional information from the applicant and/or staff, continue the public hearing or make a recommendation of action to the City Council B. Proposal. The applicant has applied for a preliminary plat to subdivide 6 56 acres into 26 single family building lots C. Findinas.. '1 Proponent. Prairie Electric Co , Erling Birkland 2 Location Southwest corner of Canal Road and Rhoton Road Tax Parcel 22718310300 3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News on July 9, 1999, and posted In public areas on July 1, 1999 The notice was mailed to adjacent property owners and the applicant on July 1, 1999 4 ExistinQ Land Use Vacant 5 Adiacent Land Uses Low Density Single family residential 6 Comprehensive Plan The site is designated Low Density - Residential 7 ZoninQ Chapter 17 12, Low-Density Residential District (R-4) 8 Soils and GeoloQY Spanaway gravelly sandy loam Case No CUP:..99-8236- YL, Canal Estates PaQe 2 o 9 Ground Water The project site IS located in a Category I Aquifer Recharge area Ground water levels on the site are fairly close to the surface (30' or less in some areas) especially along the western property line and the southwest corner of the site In 1996/1997 the area to the west and south of the site experienced high groundwater levels which resulted in localized flooding Topographic information indicates that the regional low area is along and west of the site's western property line 10 Transportation and Site Access. The site fronts on both Canal Road and Rhoton Road The Yelm Development Guidelines, Section 4B 130, requires a minimum spacing of 200' between intersections that include a designated Neighborhood Collector Street. The Yelm Development Guidelines, Chapter 4, classifies Canal Road and Rhoton Roads as Neighborhood Collectors The newly constructed internal road would be classified as a Local Access Residential Street. Consistent with City of Yelm Ordinance 580, Concurrency Ordinance, a single family dwelling unit generates 1 01 new pm peak hour trips As proposed the development would generate 26 new pm peak hour trips The Concurrency 0 Ordinance requires that impacts to the transportation system from new traffic be mitigated through the Transportation Facility Charge of $750 00 per new pm peak hour The preferred alternative for the Y -3 transportation corridor runs from east to west along the southern property line and 120' deep The route is currently being analyzed through an environmental assessment with the final adoption of the transportation corridor to occur in the late summer or early fall of 1999 Because the corridor is not adopted at this time, the City can not require the developer to alter the site lay-out to accommodate the future right-of-way Staff has reviewed the lay-out with consideration of the future Y-3 corridor and believes that through traffic control (one-way street) that the infrastructure constructed for the project will not have to be physically altered The future acquisition of nght-of-way for the Y-3 corridor will include lots 1 - 9 Acquisition of right-of-way can not begin until the corridor is adopted by the City Council and funding is available 11 Parking Chapter 1772, Off-Street Parking and Loading, requires two (2) parking stalls for each residence 12 Wastewater The project site is in the Sewer Service Area but is not currently served by the Sewer Treatment Plant. The existing service line designated to serve the site is located at the Intersection of View Drive and Rhoton Road o c Case No CUP-99-8236- YL, Canal Estates PaQe 3 As determined in the City's 1998 Sewer Comprehensive Plan the project site is located at the end of the 4" service line planned to serve the site 13 Water Supply The project site is in the Water Service Area, but is not served with City water The existing service lines designated to serve the site are an 8" line located at the intersection of View Drive and Rhoton Road and a 10' line located west of the property on Canal Road The City's 1995 Water Comprehensive Plan requires these lines to be connected in the future to ensure adequate fire flow for the area 14 DrainaQe/Storm water The completed project will increase impervious surfaces on the site and adjacent streets Impervious surfaces create stormwater runoff When uncontrolled and untreated stormwater runoff can create health and safety hazards YMC requires all development to comply with the City Stormwater Manual for the control and treatment of stormwater runoff Stormwater facilities require continued maintenance to ensure they remain in proper working condition o The preliminary stormwater report and conceptual layout appear to meet minimum City standards 15 Open Space. Chapter 16 14, Parks and Open Space requires single family residential developments to provide 5% of the development site in improved open space or pay a fee-in-lieu of providing on-site open space The applicant is proposing to pay the fee-in-lieu of rather than providing on-site open space The fee-in-lieu of is calculated by multiplying 77if- per square foot of required open space 5% of the gross site represents 33 of an acre (14,288 00 sq ft.) The fee-in-lieu of for the project site is $11,0001 76 The fee-in-lieu of is payable prior to final plat approval, unless the City approves a property lien against each lot and then the fee-in-lieu of would be payable at time of building permit issuance The applicant has not requested a property lien for the fee-in-lieu of 16 Utilities The site is served by Puget Sound Energy (electric and gas) and Yelm Telephone 17 Fire Protection Fire protection is provided by the Thurston County Fire District #2 The applicant has submitted Fire Flow Calculations for existing hydrants located at Crystal Springs and Canal Road which meet current city standards 18 Police Protection Police protection is provided by the City of Yelm c 19 Public Schools The project site is within the Yelm School District. Through the Case No CUP-99-8236- YL, Canal Estates Pa~e 4 o environmental review, the School District has required the applicant to mitigate school impacts as a result of the development. The applicant is required to enter into an agreement with the School District specifying a $650 00 mitigation fee for each dwelling unit. The mitigation fee is payable at time of building permit issuance 20 SEPA. A Mitigated Determination of NonSignificance was issued on July 1, 1999 (Exhibit III ) D. STAFF RECOMMENDATION Staff recommends that, Case No SUB 99-8236-YL, Canal Estates be approved, based on the findings in Section C, and subject to the conditions in Section D of this report. Transportation - Conditions of Approval. 1 Consistent with City of Yelm Ordinance 580, Concurrency Ordinance, a single family dwelling unit generates 1 01 new pm peak hour trips As proposed the development would generate 26 new pm peak hour trips The Concurrency Ordinance requires that impacts to the transportation system from new traffic be mitigated through the Transportation Facility Charge of $757 50 per new single family dwelling unit. The TFC is payable at time of building permit issuance o 2 The applicant shall be responsible for half-street improvements along the site's frontage on Rhoton Road and Canal Road The off-site roadway section is "Neighborhood Collector" (detail attached) The frontage improvements include lane improvements, curb, planter strip, sidewalk, landscape and storm drainage The on-site roadway section is "Local Access Residential" (detail attached) 3 The applicant shall dedicate sufficient right of way on which to construct the half-street improvements These improvements shall be constructed with the sub-division 4 Access will be limited to one full access on Rhoton Road and one full access on Canal Road, per the preliminary plan submitted by the applicant to the City 5 Road design shall meet the intent of the City's Development Guidelines 6 Street lighting shall be installed on the north side of the internal loop road 7 Sidewalks shall be installed on the north side of the internal loop road Site Gradina - Conditions of Approval. 8 Site grading and fill placed on the proposed site shall be compacted to 95% density per the City's Development Guidelines 9 The applicant shall leave a minimum of 10 feet of undisturbed soil between the property o c c c Case No CUP-99-8236-YL, Canal Estates PaQe 5 line and the toe of the slope on the West Side of Lots #8-15 Water - Conditions of Approval. 10 The applicant shall connect each lot to the City water system The connection fee for each dwelling is based on Equivalent Residential Unit usage (each ERU equals 240 gallons of water consumption per day) The ERU fee is established by City resolution and is payable at time of building permit issuance The meter fee is established by City resolution and is payable at time of building permit issuance 11 The onsite water line installation shall be looped to afford maximum fire protection as per the Uniform Fire Code 12 All water connection fees are due at time of building permit issuance 13 To ensure compliance with the City's 1995 Water Comprehensive Plan, the Applicant shall connect to the 8 inch main at the intersection of View Drive and Rhoton Road The 8-inch water main shall be extended to the intersection of Canal Road The 10-inch water main shall be installed from the intersection of Rhoton Road west along Canal Road to the west property line of Canal Estates 14 As per City of Yelm "Development Guidelines" minimum hydrant spacing shall be 660 linear feet on the internal loop road In addition, a hydrant shall be placed at the north edge of the proposed cul-de-sac 15 With the consent of the City Council, a latecomer's agreement will be entered into for applicable benefit properties 16 Water lines and fire hydrants shall be installed on the north side of centerline of the internal loop road Sanitary Sewer - Conditions of Approval. 17 The applicant shall connect to the City STEP sewer system The connection fee for each dwelling is based on Equivalent Residential Unit usage (each ERU equals 240 gallons of water consumption per day) The ERU fee is established by City resolution and is payable at time of building permit issuance A $135 00 inspection fee shall be paid for each onsite installation 18 Upon completion of the onsite installation as per the City's Development Guidelines, the STEP sewer equipment shall be deeded to the City by easement. 19 All sewer connection fees are due at time of building permit issuance 20 STEP collector lines shall be installed on the north side of centerline of the internal loop road Case No CUP-99-8236- YL, Canal Estates PaQe 6 o 21 To ensure compliance with the City's 1998-Sewer Comprehensive Plan, the Applicant shall connect to the 4 inch main at the intersection of View Drive and Rhoton Road The 4 inch sewer main shall be extended to the intersection of the internal connector road The 4 inch sewer main shall be installed along the north side of the internal connector road to the intersection of Canal Road 22 With the consent of the City Council, a latecomer's agreement shall be entered into for applicable benefit properties Storm Water - Conditions of Approval 23 The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm Best Management Practices (BMP's) are required during construction of the storm water facilities 24 The applicant shall compile a final storm water report along with construction drawings 25 The applicant shall submit a storm water operation and maintenance plan to the Public Works Department for approval prior to final plat approval 26 The applicant shall conduct hydrological testing to ensure the site is not subject to unusual high groundwater The applicant will identify areas of ponding and potential effects associated with planned fills o DesiQn Standards - Conditions of Approval 27 The applicant shall utilize the City's Development Guidelines as a guide to develop project civil drawings Open Space - Conditions of Approval. 28 The fee-in-Iieu of for the project site is $11,0001 76 The fee-in-Iieu of is payable prior to final plat approval SEPA MitiQation - Conditions of Approval. 29 The applicant shall enter into an agreement with the Yelm School District to mitigate impacts to the school district. The applicant shall provide the City with a recorded copy of the agreement. All mitigation fees shall be paid by the applicant prior to building permit issuance Landscape - Conditions of Approval. 30 The applicant shall landscape the stormwater facilities in accordance with Chapter 17 80 of the YMC o c c c Case No CUP-99-8236- YL, Canal Estates PaQe 7 31 The applicant shall landscape the planter strips for all streets as per the YMC 32 The 15' stormwater facility easement located between the cul-de-sac and the stormwater retention pond shall be landscaped along the easement boundaries which are adjacent to residential lots The landscaping shall effectively delineate the easement to ensure neighboring properties do not encroach upon the easement. 33 The applicant shall submit a final landscape and irrigation plan to the Planning Department for approval Cf. R!W I 10' 56' fTI >c (J)::f ~C 5' T 16' 16' ~~ (J) -0 :a ~ 6 > :a fTI ':i ~ ~ z ~ ." ~ (1 0 r > ~ Z ITI fTI VARIES 0 > ~ -0 Q z ~ ~ ~ \.. CEMENT CONe. BARRIER CURB AND CUTlER GENERAL NOTES. 1. NO .ON S"ffiEEi PARKING PERMITTED. 2. REFER TO RELEVANT SECllONS OF TI;E DEVELOPMENT GUIDEUNES FOR ADDIllONAL INFORMA 1l0N ON STORM DRAINAGE, STREET UGHllNG. PAVEMENT S"ffiUCTIJRE, ECT 4-e8REV.DY<<; o R!W 10' fTI >c S- ~ E T ~~ -0 (J) ~ > 6 ~ ~ VARIES (") > g -0 o Z ~ o CI TY OF YELM DEPT. OF PUBLIC WORKS NEIGHBORHOOD COLLECTOR APPROVED DWG. NO. 4-5 o e . ~,tl'<';~:4-/~:~:~'Y':' r., 'JV'it!;'i.','n!'.'-J..',~i"',! R/W ~ R/W I 10' 56' 10. ..., 1.5' 1.5' l'1 >c ~c C Ul~ 6' 5' k!E k!c: 6' I 11' 11' I ~~ -a -a ~ !2!~ ~ -a -a :d :d -i ~ ~ ~ i C ^ ~ ~ " ~ ARIES S! Z Z ~ ~ Q 0 0 Q 0 > > > Ul > > Ul ~ :d 0 ;;:j z z z Z :J: =0 IT1 IT1 IT1 l'1 =0 -a 0 VARIES .04-. Z ~ GENERAL NOlES. 1. .ON SlREEi' PARKING PERMI11EO. 2. REFER TO RELEVANT SECllONS OF lHE DEVELOPMENT GUIDEUNES FOR ADDIllONAL INFORMA 11 ON ON STORM DRAINAGE. STREET UGH11NG. PAVEMENT STRUC1\JRE. ETC. e ~ o > ~ o :J: "'tI o Z -i ~ ~ CEMENT CONe. ROLLED CURB AND GUTTER CITY OF YELM DEPT OF PUBLIC WORKS LOCAL ACCESS RESIDENTIAL APPROVED DWG. NO. 4-7 Exhibit I~ Public Hearing Notice City of Yelm Case # SUB~99~8236~YL July 19,1999 () NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION DATE. PLACE. PURPOSE. Monday, July 19,1999,4'00 p.m. Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA Public Hearing to receive comments on a Preliminary Plat Application for a 26 lot residential subdivision on 6.5 acres - SUB-99-8236-YL APPLICANT Prairie Electric Company PROJECT LOCATION Southwest corner of Canal Road and Rhoton Road, Yelm, WA The Yelm Planning Commission will hold a public hearing to receive comments on a preliminary plat application to subdivide 6.5 acres into 26 single family building lots. Testimony may be given at the hearing or through any written comments on the proposal, received by the close of the public hearing on July 19, 1999 Such written comments may be submitted to the City of Yelm at the address shown above or mailed to City of Yelm, PO Box 479, Yelm WA 98597 Any related documents are available for public review during normal business hours at the City of Yelm, 105 Ye/m Ave W , Yelm WA. For additional information, please contact Cathie Carlson at 458-8408. () The Yelm City Council will receive the Planning Commission's recommendation regarding the project at the regularly scheduled City Council meeting on July 28, 1999 The City Council will take action on the proposal at the July 28, 1999, meeting. The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72 hours before the meeting. ATTEST City of Yelm 'ffJ." " J).dt.. '" L Agne Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, July 9, 1999 Posted in Public Areas: Thursday, July 1, 1999 Mailed to Adjacent Property Owners. Thursday, July 1, 1999 II () I f\_ ,,-)- r'\ ~ )- --- on-or~-...~ _ _ _ __ . ~c.&14 ftkw~q;~;;;, PREWlINARY PLAT OF CANAL ESTATES NE 1/4 OF THE SW 1/4 OF SECTION 18, TOWNSHIP 17 NORTH. RANGE 2 EAST, JUt CITY OF YELJ.I THURSTON COUNTY. WASHINGTON I -L_ I ----_ I I I I I -:-_----- a5MU1SJ. ....""" t '1 ) ~ ,~-~ FFET j-'"i,~oo ~ 12;'18310200 ~~ ?2;'i~JiO~OO ...,'---. j r I I I I 816.10001600 : $1620001'00 / LEGAL DESCRIPTION .\,,. ~ L.... 816;?OOOtJOO I I I 81~200D1.JOO : 816.10001500 PLAT a-. :'''i~::: ROt'AU: : I....a. 20 PG. 10:' r (JIOOtNO. r-UJJll2C ,.NtCD. NO. U7J&JIOJDO tHAT PCW1IQlI OF 1H!" HQIlfHUST QUI.ln~ OF 1HE: SOUJH-=sT QlIAltIElt OF SEC1lCW '4 1fJW4HI> 17 HCRDl, ltANQl" ~ loUr, w..v.. 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BOX B75 l'%U( TA.SHINGTON M6V1 U4-.... S1/4.sa:ncw". fP,. '''-IR(}H /IFC E. TRUE & ASSOC. ..... SlIlltt'Jl](Q P.d 8OZlJOa' l'ELI( TASB1JIGT'ON M6YI (~) 465-28H 98-.J8PRE ~ -"'-..) om -. >< ~~ o C'" ..,,;::;: -< (I) - 3 - - I CJ) ;::;: (I) 1J ~ ::s (") ~ en (I) ::t:t: CJ) C c...tD s::: I _<0 ,<<0 I ~ co <0 I\) W ~Q) <0.< ~F' Exhibit 11I- Determination of Nonsignificance City of Yelm Case # SUB-99-8236-YL July 19,1999 City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 SEPA. NO 8236 MITIGATED DETERMINATION OF NONSIGNIFICANCE Proponent: Prairie Electric Co Description of Proposal 26 lot single family subdivision cn 6 56 acres. Location of the Proposal. SW corner of Canal Road and Rhoton Road SectionlT ownsh i p/Range: SW 1/4 Section 18, Township 17N Range 2E, Tax Parcel 22730121200 22730121300, 22730121400 and 22730121100 Threshoid Determination The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment Therefore, an environmental impact statement (EIS) will not be required under RCW 43.21C 030(2)(c) This decision was made after review of a completed environmental checklist and other information on file with the lead agency This information is available to the public on request. Conditions/Mitlgatmg Measures' SEE ATTACHED Lead agency' Responsible Official' City of Yelm Shelly Badger City Administrator Date d Issue. Comment Deadline July 1,1999 5'00 pm, July14, 1999 Shelly B~d~;~;S~~ This Determination of NonSignificance is issued pursuant to Washington Administrative Code 197-11-340(2) The City of Yelm will not act on this proposal prior to 5'00 pm, July 28, 1999 Comments must be submitted to Catherine Carlson, City Planner at City ofYelrn, 105 Yelm Ave W , POBox 479, Yelm, WA 98597, by 5'00 pm July 14,1998 YOU may appeal this determination to the Yelm City Council at above address, by submitting a written appeal no later than 5'00 pm., July 21,1999 You should be prepared to make specific factual objections. Contact Agnes Bennick, City Clerk, to learn more about the procedures for SEPA appeals This MONS is not a oermit and does not by itself constitute project approval. The applicant must comply with all applicable requirements of the City of Yelm prior to receiving consiruction permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Title (17) Crittcal 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. DO NOT PUBLISH BELOW THIS LINE Published: Nisqually Valley News, Friday July 9,1999 Posted in public areas' Monday July 1, 1999 Copies to Thursday July 1, 1999 - Dept. of Ecology w/checklist All agencies/citizens on SEPA mailing list and adjacent property owners () r) ~I () 1 ~ Exhibit 11I- Determination of Nonsignificance City of Yelm Case # SUB-99-8236-Yl July 19,1999 r\ \.---J ATTACHMENT SEPA CASE # 8236 This Mitigated Determination of NonSignificance is based on the project as proposed and impacts and mitigation reflected in the following Environmental Checklist, prepared by applicant, dated April 30, 1999 Preliminary Drainage and Erosion Control Report, prepared by Howard Godat, Pantier & Associates, dated May 7, 1999 School District Mitigation Letter, dated June 25, 1999 And the following condition. The applicant shall enter into an agreement with the Yelm School District to mitigate impacts to the School District. (~ j r"" ~J G City of Yelm c c 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 Date June 30, 1999 ToYelm Planning CommIssIon From CathIe Carlson, CIty Planner Re Zoning Code Amendments LIST OF EXHIBITS: Exhibit I - Public Hearing NotIce ExhibIt II - DeterminatIon of Non SignIficance ExhIbIt III - ZOnIng Code Chapters wIth proposed Amendments A PUBLIC HEARING OBJECTIVE: The Planning CommIssIon must determine If the proposed zonmg code amendments are consIstent WIth the Yelm Comprehensive Plan and the mtent of the applIcable Yelm MUnICIpal Codes. After consideratIOn of the facts and publIc testImony the Planning CommIssion must take one of the followll1g ~tlOns request addItIOnal informatIOn from staff, contmue the publIc hearing or make a recommendatIOn of actIon to the CIty CouncIl >>'" PROPOSAL: The proposal consIsts of various amendments to Title 17, ZOl1lng, of the Ye!m MUl1lclpal Code whIch includes secondary dwellIng Ul1lts In the low and moderate denSIty reSIdential dlstncts, minI-storage faCIlItIes and recreatIOnal vehIcle storage 111 he commercIal dlstncts, manufactured homes and commullltles, mlnllnum lot sIze In the C-3 CommercIal Dlstnct and applIcatIOn processing for amendments, rezones and vanances as described below Chapter 17.12 LOW-DENSITY RESIDENTIAL DISTRICT (R-4) 17.12.020 Permitted uses. 3 Secondary dwelling Ul1lts as follows. A secondary dwelling UllIt may be created on a Single-family lot tor the exclUSIve use of persons related by blood or marriage to the owner/occupant of the property The secondary dwelling Ulllt may consIst of one or more rooms, mcludmg kItchen and cooking faCIlItIes, and may be created by conversIOn of, or addItIon to, eIther the main reSIdence on the lot or legal accessory bUIlding; prOVIded that: a. For lob ufrecord under one acre such conversIon or addItIon shall not cause the maxImum allowable bulldmg or development coverage of the lot to be exceeded and shall not ]tself exceed 1,000 square feet, cFnr lots of rq:;ord 01 one aere or more such conversIOn or addItIOn shall not cause the maxImum allowable bulldlllg or development coverage of the lot to be exceeded and shall not Itself exceed ~28' x 56' m;mJlfadured homc_Qf.i!...'iuL1d!ll!..U1Wln'2.i2f cqu1!..L3J?~...!. ,L )uch clln\ersiQ!.U..'Laddll[gn ::.11,!J1 bt,-::!.!.I?J.f:ctJ..0_thc avaJJabjlll\_QJJl.t.!.b.li!;.ll..t.IJ...1J!f.s....!..!xlh~: mmro\al uf the Thurston COllllt' Em:'!'!:Q.nm~n.t:}lJ:Lc;kI.]th DcpartmcD.L o Chapter 17 15 MODERATE-DENSITY RESIDENTIAL DISTRICT (R-6) 17.15.020 Permitted uses. 6 Secondary dwelling UnIts as follows A secondary dwelling UnIt may be created on a single-famIly lot for the exclusIve use of persons related by blood or marnage to the owner/occupant of the property The secondary dwelhng UnIt may consIst of one or more rooms, including kItchen and cooking faclhtles, and may be created by conversIOn of, or addItIOn to, eIther the main reSidence on the lot or legal accessory building; proVIded that: a. For lots of record under one acre such conversIOn or addltton shall not cause the maxImum allowable bUIlding or development coverage of the lot to be exceeded and shall not Itself exceed 1,000 square feet, b For lots of record of one acre or more such conversIOn or addItion shall not cause the maxImum allowable bUIlding or development coverage of the lot to be exceeded and shall not Itself exceed a 28' A 56' manufactured home or a stIck bUIlt home of equal sIze. ~ Such conversIOn or addItion shall be subiect to the avmlabJllt\ of publIc utIlities or the approval ofthe Thurston Count\ EnVIronmental Health Department. Chapter 17.26 COMMERCIAL ZONE (C-l) 17.26.030 Permitted uses. :!2, M 111 I-Storage FaCIlitIes proVIded the'} are not located \Vlthll1 500' of an Urban ArtenaL o 17.26.035 Prohibited uses. t ses other tban those Identified or descnbed 10 SectIon 17.26.020 of thIs chapter are 1'1'011 ll)lted, Includmg but not ]U1uted to. D. AutomobIle sales, major IS a prohibIted use in thIS zone. E. RecreatIOnal vehicle storage unless tll] 1\ contall1ed WIth U1 an enclo"ed structure. Chapter 17.27 HEAVY COMMERCIAL ZONE (C-2) 17.27.020 Permitted uses. 45. MillJ-~torage l:acllltlc:". 46. RecreatIOnal VehIcle Storage. Chapter 17.28 LARGE LOT COMMERCIAL ZONE (C-3) Sections: 17.28070 Mlhlllltllll f1oo1 alca 17.28.050 Site area. MinImum sIze of any parcel to be developed in t]lIS distlict s],all be 10 aCles subdiVIded or developed through the b10dlllg sIte plan shall result in at least 70% of the site remaullng in Page 2 of 6 o c c c one parcel or commen:IaI pad. No 1ll1l1WHlm lot SIze restrictions shall appl) for the rCma111mg 30% of the site. 17.28.676 Mit1imuiU fl001 31 ea. M 111 II 1It11 II 100,000 sqtlal c fect of gloss fioO! aIM pCI StJtlCttll C Chapter 17.63 MANUFACTURED HOMES 8elow IS the summary of key elements wIthin the manufactured housing chapter It IS proposed to repel and replace Chapter 17 63 in ItS entirety 80th the existing Chapter 17 63 and the proposed replacement Chapter can be found in full In ExhibIt III 17.63.030 Designated Manufactured Home Requirements Manufactured housmg Ul1lts placed on a lot outsIde of a manufactured home subdIvIsIon or manufactured home community shall comply wIth the followmg requIrements. 8 FoundatIOn Homes shall be set below grade on ribbon-footmgs and a permanent foundatIOn shall be constructed around the penmeter No more than twelve mches (12") of the perimeter foundatIon shall be \'lsIble or above the filllsh grade of the lot. C. SIze and CompatlbIlIt\ WIth Site-Emit Housmg. Manufactured housing shall be compared to slte- buIlt housing III the neighborhood \\'Ith111 the same LOlling dIstrICt. In general, manufactured home:. shall be compnsed of at least t\\'o (2) fulh enclosed parallel sections WIth a total width of a least twent\ -1~)IJr (24) feet and a length of at least th1rt\-s):'-. (36) feet. Appro, al for the manufactured home shall not be granted unless It IS found that the manufactured home IS substantwlh Similar m SIze. SId mg. materIaL roof pItch. roof materIal and general appearance to the SIte-built housll1g whIch nIa\ be permitted bv the ZOnIng and/or buildmg code 111 the neIghborhood 111 the same zonmg dIstnct. 17.63.040 Manufactured Home Subdivision Requirements. The follOWing reqUIrements apply to 8 FoundatIOn. Homes shall be set below grade on ribbon-footings and a permanent foundatIon shall be constructed around the penmeter No more than twelve mches (12") ofthe perImeter foundatIOn shall be \ lSlble or above the filllsh grade of the lot. C SIze Manufactured homes shall be compnsed of at least two (2) fully enclosed parallel sectIons With a total WIdth of a least twenty-four (24) feet and a length of at least thIrty-SIX (36) feet. In a Master Planned Community or Planned Residential Communit, the elt) Council m((, Walve the mmimum ;,IZI: requ irementsl~)r manufactured homes for up to twenty percent (20(1'0) of the total nUlnber of reSidential Ul1lts allowed. D Lot Size and Width The minimum lot size and width for a manufactured home 111 a subdIVision shall be as follows 1 Low-denSity reSIdentIal district (R-4) - 5,000 square foot average lot size WIth a fifty (50) foot mll1lmUm Width 2 Moderate-density reSIdential dlstnct (R-6) - 4,000 square foot avera!!:~ lot SIze WIth a fifty (50) foot minimum WIdth. E. Setbacks. Setbacks shall be those of the underlying resIdential district. F Development Coverage Development coverage shall be that of the underlYll1g reSIdential distriCt. 17.63.070 Manufactured housing community - development standards. The followll1g reqUIrements Page 3 of 6 apply to manufactured housmg communities. A. Size. There are no mInImum size reqUIrements for manufactured homes JI1 a 1'v1anufactured I"]ome l ommumt\. All manufactured homes :o.hall comph \\ Ith constructlOll standards as defined 111 .~ectlon 17.63.020, Defimtlolls. ";'''allu(uc lured hUII/P. .' C. Setbacks. Setbacks shall bc those of the underlvmg re~ldenttal dlstnct. Yard setbacks along the perimeter of the propert" shall be fifteen feet from the reqUlred buffer. D. Development Coverage. Development coverage shall be that of the underlYll1g resIdentIal dIstriCt. E. Lot SIze and Width The mmlmum lot size and WIdth for a manufactured home in a community shall be as follows I MInimum space area. four thousand square foot average, 2 Mmimum width forty feet; 3 Minimum depth eIghty feet; F. Buffcnng. A twenty foot (20'). '1'\'pe I Landscape Buffer shall be reqUIred around the perImeter of the sIte. Buffering average is allowed prOVided no buffer area IS less than fifteen feet (15') In WIdth. J Parkmg. I Off-street parking shall be prOVided m accordance WIth Chapter 1772 of this title 2 On-street parking - Mmimum seven (7) foot parking on each Side of the street or mmimum seven (7) foot parkmg on one Side of the street and a parkmg area for quests of at least one space for each five homes. Parkmg areas shall be located m a centralized 10catlOn(s) Interior Streets 1 No manufactured home community shall be constructed to block connectmg streets shown or proposed as part of the Yelm comprehensive plan 2 All mtenor pnvate streets of the community shall have mmlmum eleven (11) foot driving lanes. 3 Manufactured home commUnitIes shall connect WIth traffic and pedestnan ways on all abutting or connectmg streets, 4 All streets, roads and dnveways shall be paved to a standard of construction acceptable to the publIc works department. Intenor pedestnan walkways, carports and parking areas shall be paved. Pedestn~n Walkways. Mmlmum four (4) foot mternal walkway shall connect each space with common areas, internal roads, public streets and parkmg areas. All walkways must be separated, raised, or protected from vehicular traffic and provide access for handicapped persons o o o K L. Chapter 17.96 AMENDMENTS, REZONES AND VARIANCES ThiS chapter was preViously amended m 1997 at the same time the CIty adopted new regulatIons for Integrated Project ReView In the 1997 amendment the cntena for amendments and rezones was deleted II1correctly and the chapter was referred to only as Vanances. The proposed changes Simply re-establIshes the cntena for amendments and rezones and mcludes them m the chapter tItle Sections: I 7 96 0 I 0 1796020 1 7 96 023 Generally InitIatIOn of amendments, rezones and vanances Vanances--when granted Page 4 of 6 c c c 1796025 Vanances--front, side and rear yard setbacks 17 96 030 ApplicatIOn forms 17 96 040 Public heanngs 17 96 050 Notice of hearIng 17 96 060 ConsideratIOn by City council 17 96 070 Action by City council 17.96.010 Generally. Whenever public necessity, convenIence or general welfare reqUires, the provIsions of this title may be amended. 17.96.020 Initiation of amendments, rezones and variances. Amendments of the text of th IS title or the official zonIng map or vanances may be InItiated by A. Verified application of one or more owners of property which IS proposed for a vanance or rezone filed with the plannIng department. B The adoptIOn of a motIOn by the City Council requestIng the planning commiSSIOn to set the matter for hearing and recommendatIOn, or C A recommendatIOn by the plannIng commiSSIOn to the City council 17.96.023 Variances--when granted. If because of speCial circumstances applicable to the subject property due to size, shape, topography, location or surroundings, and If the stnct applicatIOn of this title is found to depnve subject property of nghts and pnvileges enjoyed by other properties In the vicinIty and under Identical zone claSSification, the approval authority may grant a variance in accordance With the proVISIOns for variances in Chapter 1796 of the Yelm MUnICipal Code 17.96.025 Variances--front, side and rear yard setbacks. The SPRC may grant a vanance of up to fifteen percent from the front, side and rear setback reqUirements In all zones. Any vanance from such front, side and rear setback requirements that exceeds 15% shall be conSidered by the plannIng commiSSIOn after the plannIng commission has proVided notice and a public heanng as If such variance were a special use permit as prOVided In Chapter 17 66 This does not preclude other vanances from being conSidered as provided in SectIOn 17 96 023 17.96.030 Application forms. The plannIng department shall prescribe the forms to be used for amendments, rezones and variances. The plannIng department may prepare and proVide blanks for such purposes and prescribe the type of InformatIOn to be proVided No applicatIOn shall be accepted unless It complies With such reqUirements. 17.96.040 Public hearings. At least one public heanng on any such proposed amendment, rezone or vanance shall be held by the plannIng commiSSIOn. 17.96.050 Notice of hearing. Notice of public hearings for such proposals shall be published in a newspaper of general circulatIOn In the City and by written notice, addressed through the UnIted States maIl, to all property owners as recorded In the Thurston County assessor's office, WithIn three hundred feet of the subject property, at least ten days pnor to the heanng. In additIOn, at least ten days pnor to the hearing, notice of said heanng shall be posted In the folloWIng places. on the property; at a public street IntersectIOn near the property; and at City hall. 17.96,060 Consideration by city council. The plannIng commiSSIOn's recommendatIOn shall be presented Page 5 of 6 for CIty counctl consideration no longer than twenty working days from the date a decIsIon constituting a 0 recommendation IS rendered. 17.96.070 Action by city council. The cIty council may accept, modIfy or reject the plannmg commIssion's recommendatIOn and findings or conclusIOns therein, or may remand the decIsIOn to the planning commISSIOn for further hearIng. A decIsIon by the City counctl to modify, reject or remand shall be supported by findings and conclusIOns. 17.96.080 Appeal of City Council's Final Decision. These appeals go to the SuperIor Court and follow the judIcIal revIew process set forth In RCW 36 70C C. FINDINGS: Proponent: CIty ofYelm Planning Department 2 LocatIOn CIty WIde. 3 WorksesslOns. The Planning CommissIOn held worksessions regarding the proposed Chapter amendments at theIr regularly scheduled Planl11ng CommIssIOn meetings since August 1998 NotificatIOn of these meetmgs consIsted of the monthly agenda mallmgs with a special notIce to property owners withm the C-3 CommercIal DistrIct for the September 21, 1998 meetmg. 4 Public Notice NotIce of the PublIc Hearmg was publIshed In the Nlsqually Valley News on July 9, 1999, posted In publIc areas on July 1, 1999, sent to the citizens and orgal11zatlons on the monthly Planning CommiSSIOn agenda matllnglIstonJuly 14,1999 o 5 Municipal Codes TItle 17, Zoning. 6 SEP A A Determination ofNonSlgl11ficance was Issued on July 1, 1999 D. STAFF RECOMMENDATION. Staff recommends the Planning CommISSIOn forward the proposed zoning code amendments as presented m the staff report to the CIty Counctl for conSideratIOn and approval o Page 6 of 6 Exhibit 1- Public Hearing Notice City of Yelm C~ Zoning Code Amendments July 19,1999 NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION AND YELM CITY COUNCIL DATE. Monday, July 19,1999,4'00 p.m. and Wednesday, July 28,1999, at 7:30 p.m. PLACE. Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA PURPOSE. Public Hearing to receive comments on purposed amendments to Yelm Municipal Code, Title 17, Zoning. APPLICANT City of Yelm PROJECT LOCATION: City wide C~ The Yelm Planning Commission and Yelm City Council will hold public hearings to receive comments on purposed amendments to the City Zoning Code. The Planning Commission hearing will be held on Monday, July 19,1999 at 4'00 pm. The City Council hearing will be held on Wednesday, July 28,1999 A complete packet of amendments and 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 Cathie Carlson at 458-8408 Testimony may be given at the hearings or through any written comments on the proposal, received by the close of the public hearing on July 28, 1999 Such written comments may be submitted to the City of Yelm at the address shown above or mailed to City of Yelm, PO Box 479, Yelm WA 98597 The City of Yelm provides reasonable accommodations to persons with disabilities If you need special accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72 hours before the meeting ATTEST City of Yelm a /!.? yJ '\ !J1b'LLL ~ Agn~ Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the NisquallY Valley News. Friday, July 9 and July 16,1999 Posted in Public Areas Thursday, July 1, 1999 c.~ Exhibit 11- Determination of NonSignificance City of Yelm Zoning Code Amendments July 19,1999 () City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 DETERMINATION OF NONSIGNIFICANCE Proponent: City of Yelm Description of Proposal: This proposal is for multiple minor amendments to Yelm Municipal Code, Title 17, Zoning. Areas included in the proposed amendments are secondary dwellig units in the low and moderate density residential districts, min-storage facilities and receation vehicle storage in the commercial districts, manufactured homes and minimum lot size in the C-3 Commercial District Location of the Proposal: City ofYelm SectionfT ownship/Range: Not applicable Threshold Determination: The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment. Therefore, an environmental impact statement (EIS) will not be required under RCW 43.21C 030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency This information is available to the public on request. C) Lead agency' Responsible Official: City of Yelm Shelly Badger, City Administrator Date of Issue. Comment Deadline: July 1,1999 5'00 pm, July14, 1999 y This Determination of NonSignificance is issued pursuant to Washington Administrative Code 197-11-340(2) The City ofYelm will not act on this proposal prior to 5 00 p.m., July 28,1999 Comments must be submitted to Catherine Carlson, City Planner, at City of Yelm, 105 Yelm Ave W, POBox 479, Yelm, WA 98597, by 5 00 pm., July 14,1998 You may appeal this determination to the Yelm City Council, at above address, by submitting a written appeal no later than 5'00 p.m., July 21, 1999 You should be prepared to make specific factual objections. Contact Agnes Bennick, City Clerk, to learn more about the procedures for SEPA appeals. This DNS is not a permit and does not by itself constitute project approval. The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Title (17) Critical Areas Ordinance (1408), 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. DO NOT PUBLISH BELOW THIS LINE Published Nisqually Valley News, Friday July 9,1999 Posted in public areas. Thursday, July 1 1999 Copies to Thursday July 1, 1999 - Dept. of Ecology w/checklist All agencies/citizens on SEPA mailing list c~ Exhibit 11I- Zoning Code Amendments City of Yelm c Sections: 1712010 17 12.020 1712030 1 7 12 040 17 12.050 17 12 060 17 12.070 17 12.080 17 12.090 July 19.1999 Chapter 17.12 LOW-DENSITY RESIDENTIAL DISTRICT (R-4) Intent PermItted uses ProhibIted uses EnVIronmental performance standards Lot area Off-street parkIng LandscapIng Stormwater runoff Open space 17.12.010 Intent. It IS the Intent of thIS chapter to A. Enhance the resIdential qualIty of the CIty by provIding a hIgh standard of development for SIngle-famIly resIdential areas, B GUIde resIdential development to those areas where 1 PublIc sewers are In place or aVailable pnor to resIdential bUIldIng constructIOn, or Where sewers can be extended at mInImal cost, or Where new technology In the processIng of domestIc sewerage makes resIdential development In unsewered areas envIronmentally acceptable; C GUIde development of resIdential areas In such manner as to encourage and plan for the avaIlabIlIty of publIc serVIces and commumty facIlIties such as utilItIes, polIce and fire protection, streets, schools, parks and recreation. c 2 3 17.12.020 Permitted uses. A. SpecIfic types of uses permItted In the low-densIty resIdentIal dIstnct: SIngle-famIly dwellIngs IncludIng duplexes on IndIVIdual lots at a densIty of not more than four dwellIng units per gross acre, 2. MobIle/manufactured homes as provIded In Chapter 1763, 3 Planned reSIdential developments as proVIded In Chapter 17 60, 4 Townhouse developments as provIded In Chapter 17 61, 5 ReSIdential care faCIlItIes, B Other or related uses permItted. c 1 Accessory bUIldIngs or structures clearly InCIdental to the reSIdentIal use of the lot such as storage of personal property or for the purSUIt of avocatIOnal Interests, 17 12 - 1 2 Home occupatIOns as provIded m Chapter 1769, o 3 Secondary dwellIng umts as follows A secondary dwellmg umt may be created on a smgle-famIly lot for the exclusIve use of persons related by blood or marnage to the owner/occupant of the property The secondary dwellIng umt may consIst of one or more rooms, mcludmg kItchen and cookmg facIlItIes, and may be created by converSIOn of, or addItIon to, eIther the mam reSIdence on the lot or legal accessory bUIldmg; proVIded that: a. For lQts .Qf recordJJJldcLQJ1C ~icrc_such converSIOn or addItIOn shall not cause the maXImum allowable bUIldmg or development coverage of the lot to be exceeded and shall not Itself exceed 1,000 square feet, b For lots of record of one acre or more such converSIOn or addItIOn shall not cause the maXImum allowable bUIldmg or development coverage of the lot to be exceeded and shall not Itself exceed a 28' x 56' manufactured home or a stIck bUllt home of equal S1ZC. L ~:lId COnVeri>lOl1 or additIOn shall be sub1ect to the avatlal)Jllt" of publIc uttlltles or the approval of the Thurston Count" Em lronmentaI Health Dcpaltment. d. Said conversIon or addItIOn shall comply WIth all rules and regulatIOns of the buildIng, plumbing, fire and other apphcable codes, e A bulldmg penmt and all other applicable permIts shall be obtamed prror to constructIon of such conversIOn or additIOn, o 4 SpecIal uses as provided m Chapter 1766 of thIs tItle, subject to site plan revIew; 5 The keepmg of common household anImals or pets IS permItted proVIded that their keepmg does not constItute a nuisance or hazard to the peace, health and welfare of the communIty m general and neighbors m partIcular; 6 FamIly day care homes as proVIded m Chapter 17 65 17 12.030 Prohibited uses. A. Kennels are prohibited. B Uses other than those IdentIfied or described In SectIOn 17 12.020 are prohIbited. 17.12.040 Environmental performance standards. A. Permitted uses shall create no nOIse, emiSSIOns, odors or other nUIsances whIch are demonstrably disruptIve or dlsturbmg to other reSidences In the area, or which are of a quahty or quantIty not normally aSSOCiated WIth reSIdentIal use B The constructIOn of accessory bUIldIngs shall be encouraged m such a manner as to make them complementary to the baSIC archItectural character of the maIn bulldmg on the lot, or approprrate to the accessory use C SpeCIal uses shall comply WIth the development gUldeltnes descrrbed for such uses m Chapter 1766 of this tItle. o 17 12 - 2 c D All uses shall comply with the applicable environmental performance standards of Chapter 1757 of this tItle 17.12.050 Lot area. The size and shape of lots shall be as follows, provided they adhere to the density requirements: A. MinImum lot area, none; B Minimum front yard measured from City nght of way line On collectors, twenty-five feet, On artenals, thIrty-five feet, On local streets, fifteen feet, WIth a twenty-foot mlnlmum dnveway approach, C Mlnlmum SIde yards Mlnlmum on one SIde, five feet, MinImum total both sides, twelve feet; D Mlnlmum flanking yard fifteen feet; E. MinImum rear yard. twenty-five feet; F MaxImum bUilding coverage fifty percent; G Maximum development coverage seventy-five percent; c H MaxImum heIght of bUildings. Main bUilding, thIrty-five feet, Accessory bUilding, sixteen feet; Accessory buildings All accessory butldlngs must comply WIth the current building setbacks as stated in thIS chapter; provided, however, If the accessory bUilding IS less than one hundred twenty square feet, the follOWing setbacks are permitted. Front yard. twenty-five feet, Side yard. One SIde, five feet, Total both Sides, twelve feet, Rear yard. five feet. 17.12.060 Off-street parking. Off-street parking shall be provided in accordance with Chapter 17 72 of this tItle c 17.12.070 Landscaping. Landscaping shall be provided according to Chapter 17 80 and the proviSIOns of thIS SectIOn 17 12.070 are supplemental thereto Landscaping is required for the purpose of mimmizlng surface water runoff and dIverSIon, preventmg sotl erosIOn and promoting the aesthetic character of the commumty Natural vegetatIOn, ground cover, stands of trees or shrubs eXIsting pnor to development of the sIte may be acceptable to meet the landscaping requirement. Areas whIch have been cleared of vegetatIOn ,or ground cover pnor to or during construction, and which are not otherwise developed, shall be landscaped 17 12 - 3 wIth trees, shrubs and sUItable ground cover Suitable materials for ground cover are those which permit 0 rain water infiltratIOn of the soil and may mclude sod, IVY, bark, noncompacted gravel and the lIke 17.12.080 Stormwater runoff. All stormwater runoff shall be reta\l1ed, treated and dIsposed of on sIte or dIsposed of \11 a system designed for such runoff and which does not flood or damage adjacent propertIes. Systems designed for runoff retentIOn and control shall comply with specIficatIOns provIded by the cIty and shall be subject to ItS revIew and approval, and shall, moreover, comply with Chapter 5 of the Yelm Development GUldel\l1es, Drainage DesIgn and Erosion Control Standards for the CIty ofYelm 17.12.090 Open space. Open space dedIcatIons or fees-m-lIeu thereof, shall be provIded according to Chapter 14 12. o o 17 12 - 4 c Sections: 1715010 17 15 020 17 15 030 1 7 1 5 040 17 15 050 I 7 1 5 060 17 15 070 I 7 15 080 I 7 15 090 Chapter 17.15 MODERATE-DENSITY RESIDENTIAL DISTRICT (R-6) Intent Types of uses penmtted Prohibited uses EnvIronmental performance standards DensIty and lot development gUldeltnes Off-street parkIng Landscaping Storm water runoff Open space 17.15.010 Intent. It IS the Intent ofthls chapter to A. Enhance the resIdential qualtty of the CIty by provIdIng a high standard of development for residentIal areas of moderate density; B Permit a greater variety of hOUSIng types than are permitted In the low-density resIdential dlstnct; C Permit a hIgher density of development as a means of achIeVIng more economIcal hOUSIng; D GUIde moderate-density residential development to those areas where Publtc sewers are In place pnor to resldenttal bUIldIng constructIOn, or c 2 Where sewers can be extended at mInImal cost to the city, or 3 Where new technology in the processIng of domesttc sewerage makes resIdential development In unsewered areas environmentally acceptable; E. GUIde development of resIdentIal areas In such manner as to encourage and plan for the avaIlablltty of publtc servIces and community faclltties such as utilities, poltce and fire protectIOn, streets, schools, parks and recreation. 17.15.020 Types of uses permitted. A Specific types of uses permitted in the moderate-denSity residential distrIct: Any residentIal use, includIng sIngle-family dwellIngs on Individual lots, duplexes, and other multi-famtly dwellings, provIded they do not exceed six dwelling Units per gross acre and are not less than three Units per gross acre; 2 MobIle/manufactured homes as provIded in Chapter 1763, 3 Planned resIdentIal development as provided in Chapter 17 60; 4 Townhouse developments as provided In Chapter 17 61, 5 ResIdential care facllttles, 6 Mixed use planned development as provIded in Chapter 1745, c 7 NeIghborhood commercial development as provIded in Chapter 17.36 1715-1 B Other or related uses permitted Accessory butldmgs or structures clearly mCldental to the residential use of the lot, such as storage of personal property (mcludmg boats, recreational vehicles, etc ), or for the pursuIt of avocatlonal mterests, or structures designed for and related to recreational needs of the residents of a residential complex, 2 Home occupatIOns as provided m Chapter 1769 of thIS title, 3 SpecIal uses as provIded m Chapter 1766 oftlllS title, subject to sIte plan revIew; 4 The keepmg of common household animals or pets IS permItted provided that their keepmg does not constitute a nUIsance or hazard to the peace, health and welfare of the community m general and neighbors m particular; 5 Famtly day care homes as provided m Chapter 1765, 6 Secondary dwellmg units as follows. A secondary dwellmg Unit may be created on a single-famtly lot for the exclusive use of persons related by blood or marnage to the owner/occupant of the property The secondary dwellmg unit may consist of one or more rooms, mcludmg kitchen and cookmg faclhtles, and may be created by conversIOn of, or additIOn to, either the mam residence on the lot or legal accessory bUlldmg; provided that: o o o a. For lots of record under one acre such conversion or addItIon shall not cause the maxImum allowable butldmg or development coverage of the lot to be exceeded and shall not Itself exceed 1,000 square feet, b For lots of record of one acre or more such conversion or addition shall not cause the maxImum allowable bulldmg or development coverage of the lot to be exceeded and shall not Itself exceed a 28' A 56' manufactured home or a stlCk budt home of equal size. f.: Said convers.lon or addItion shall be subject to the avallabdlt\ of publIc utll1tles or the approval of the Thurston COUll!' Environmental Health Department. d SaId conversIOn or additIOn shall comply WIth all rules and regulatIOns of the bUlldmg, plumbmg, fire and other apphcable codes, e A buildmg permit and all other applicable permits shall be obtamed pnor to constructIOn of such conversion or addition, 17.15.030 Prohibited uses. A Kennels are prohibited. B Uses other than those Identified or described m SectIOn 17 IS 020 are prohibited 17.15.040 Environmental performance standards. A. Permitted uses shall create no nOise, emiSSIOns, odors or other nUIsances which are demonstrably disruptive or dlsturbmg to other reSidences m the area, or which are of a quahty or quantity not normally associated With reSidentIal use B Accessory buildmgs shall be complementary to the basIc architectural character of the mam 17 15 - 2 C buddIng on the lot, or appropriate to the accessory use Special uses shall comply WIth the development gUIdelInes described for such uses In Chapter 1766 of thIs tItle c D All uses shall comply WIth the applIcable envIronmental performance standards of Chapter 17 57 of thIs tItle 17.15.050 Density and lot development guidelines. The sIze and shape of lots shall be as follows, proVided they adhere to the densIty reqUIrements A. M1I11mum lot area. none, B Mimmum front yard measured from city right of way Ime On collector streets, twenty-five feet, On arterials, thirty-five feet, On local streets, fifteen feet, WIth a twenty-foot mmlmum driveway approach, C Mimmum sIde yards. Mmimum on one sIde, five feet, Minimum total both sides, twelve feet; D Mimmum flankmg yard. fifteen feet; c E. F Mmlmum rear yard. twenty-five feet; MaxImum bUlldmg area coverage fifty percent; G Maximum development coverage seventy-five percent; H MaxImum heIght: Main budding, thirty-five feet, Accessory buddIng, sixteen feet; Accessory buildmgs. All accessory buildmgs must comply WIth the current buddIng setbacks as stated m thIS chapter; provided, however, if the accessory buildIng IS less than one hundred twenty square feet, the folloWIng setbacks are permitted Front yard twenty-five feet, SIde yard One side, five feet, Total both sIdes, twelve feet, Rear yard five feet. 17.15.060 Off-street parking. Off-street parkmg shall be proVided In accordance WIth Chapter 1772 of thIS title 17.15.070 Landscaping. Landscapmg shall be proVIded according to Chapter 17 80 and the provIsions of C thIS Section 17 15 070 are supplemental thereto Landscapmg IS requIred for the purpose of minimizing 17 15 - 3 surface water runoff and diversIOn, prevent sod erosIOn and promote the aesthetIc character of the 0 communIty Natural vegetation, ground cover, stands of trees or shrubs eXIsting pnor to development of the site may be acceptable to meet the landscaping reqUirement. Areas which have been cleared of vegetation or ground cover pnor to or dunng construction, and whIch are not otherwIse developed, shall be landscaped with trees, shrubs and sUitable ground cover SUitable matenals for ground cover are those whIch permit rainwater II1filtratlon of the sod and may Include sod, IVY, bark, noncompacted gravel and the like 17.15.080 Stormwater runoff. All storm water runoff shall be retained, treated and dIsposed of on site or dIsposed of In a system desIgned for such runoff and whIch does not flood or damage adjacent propertIes Systems designed for runoff retentIOn and control shall comply with specificatIOns provIded by the CIty and shall be subject to its revIew and approval, and shall, moreover, comply wIth Chapter 5 of the Yelm Development GUidelines, Drainage Design and ErosIOn Control Standards for the City ofYelm 17.15.090 Open space. Open space dedications or fees-in-lieu thereof, shall be provided according to Chapter 14 12 o o 17 15 - 4 c Sections: I 7.26 010 17.26020 17.26030 17.26035 17.26040 17.26050 17.26060 17.26070 17.26090 17.26 100 17.26 11 0 17.26 115 17.26 130 17.26 140 Chapter 17.26 COMMERCIAL ZONE (C-l) Purpose General requirements Perm itted uses Prohibited uses Special uses Environmental performance standards Site/buildIng area BuildIng locatIOn Height Ingress and egress Off-street parking Parking area and circulation deSign Landscaping Storm water runoff 17.26.010 Purpose. In furtherance of the comprehensive plan, thiS zone is intended to provide for the location of busIness centers to serve the needs of the commumty for convemence goods and services such as food, drugs, household supplies, automobile servicIng, recreation, entertaInment and other uses related to, but lesser In scope, than downtown core area uses. 17.26.020 General requirements. The following uses only are permitted as hereinafter speCifically prOVided and allowed by thiS chapter subject to the off-street parkIng reqUirements set forth III Chapter 17 72 and the general proVISIOns and exceptIOns set forth III thiS title 17.26.030 Permitted uses. A. Uses permitted outfight are as follows. Apartments at a denSity of 16 U111tS per acre as part of a mixed use development. Apartments shall represent no more than SIXty percent (60%) of a mixed use development. All other residential uses are allowed provided the development occurs on eXisting lots of record, 1 acre or less, c c 2 3 4 5 Antique shops; Appliance stores, Auction house/bam, excluding auction house/barn for vehicles or livestock, Automobile laundry (IncludIng as an accessory use to a service station) based either upon a totally-manual or fully-automatic process capable of serVICIng not more than two vehicles simultaneously; Automobile sales, mInor; 6 7 8 Automobile supply stores, Automotive repair station, minor; 17.26 - I 9 BakerIes (retail only); o 10 Banks, savings and loan assocIatIons and credIt UnIons, II Barber shops and beauty shops, 12 BIllIard hall and pool hall, provIded such uses not be permItted to locate wlthll1 five hundred feet of the exterIor boundary line of any publIc school grounds measured along the most dIrect route over or across establIshed publIc walks, streets or other publIc passageway to the nearest publIc entrance of the premIses provIded for lIcense; 12 Blueprlntmg and photostating; 13 Books and statIOnery, vIdeo and art supply stores, 14 Bowlmg alleys, 15 BUIlding, hardware and garden materIals, 16 Bulk retaIl stores; 17 Business and professional offices; 18 Clothes cleaning agency; 19 ConfectIOnery stores, 20 ConservatorIes of mUSIC, drama and Illstrument Illstructlon, 21 22 ConvenIence food markets, Delicatessen stores, o 23 Department stores, 24 Drug stores, 25 Dry cleaners, laundrIes, automatIc or nonautomatIc, dOing retail pIece work and uSlllg noncombustible materIals, proVIded not more than ten persons are employed at anyone tune and With building faCIlitIes contaming not more than five thousand square feet in gross area, 26 FabrIC stores, 27 Flea market when III an enclosed bUlldlllg; 28 FlOrIst; 29 Food stores and drug (varIety) stores, 30 GallerIes, art or museum, 31 Garages for minor automobile repaIr; 32 Garden supply shops, including plants III pots and containers, 33 Gasolme servIce statIOns, 34 Gymnasium, public or commercIal or physical culture studios, o 17.26 - 2 c 35 Hobby, toy and game stores, 36 Home furnlshll1gs sales and/or serVIce, 37 Hotels/motels, 38 HospItals, 39 Ice, packages and storage retatl dlspensll1g not exceedIng five-ton capacIty; 40 Jewelry stores, 41 Laundnes, automatIc; 42 LIquor stores, off-sale, provIded such uses not be permItted to locate wIthIn five hundred feet of the extenor boundary property lIne of any pubhc school grounds measured along the most dIrect route over or across established public walks, streets or other publtc passageway to the nearest publtc entrance of the premIses provided for Itcense, LocksmIths, Mtllinery shops, Mml-Storage FacIlItIes provIded .the\ are not located wlthm 500' of an Urban Aliena!. Mortuaries, Musical Instrument manufactunng wIth assocIated retatl, Newsstands, On-site treatment and storage facllttles for hazardous waste, subject to the state sltmg cntena adopted pursuant to the requIrements of Chapter 70 105 RCW, ParkIng lots, provided any area so used shall be Improved and maIntaIned In the manner required by Chapter 17 72 and provIded further that any such area shall not be used for a vehIcle, trailer or boat sales area or for the accessory storage of such vehicles, 43 44 45. 46 47 48 C 49 50 51 52 53 54 55 56 57 58 59 60 C 61 Personal servIces, Pet shops and hospItals, PhotographIC, electronic and vIdeo stores, Post office branch, Pnnting establishments except for newspaper letter presses, Radio and televIsIon retatl and repair shops, Restaurants, cafetenas mcludll1g dnve-through (car servIce), and restaurants lI1c\udll1g cocktail lounges, Secondhand store; Sporting goods and related stores, Stationery and book store, includIng IncIdental pnntIng; StUdIOS, such as record recordIng, coutuner, artIst, mUSIC, dancIng and photographIc, 1 7.26 - 3 62 SWImmIng pools (commercIal), 63 TaIlor shops and weanng apparel shops, 64 Taverns, provIded such use shall not be permItted withIn five hundred feet of the extenor boundary property lIne of any public school grounds, public park or public playground, 65 Theaters, when withIn an enclosed buIldIng; 66 Tool sales and rental, 67 Trade schools, 68 Vetennary clIl1Ics and hospItals, B. Similar or related uses permitted as follows: Other unlisted, similar or related uses, and cntena for determInatIOn of slmilanty or relatedness, as follows. a. Uses sImIlar to, or related to, those listed In subsection 17.26 030(A) are permItted upon a findIng of the approval authonty and/or the site plan revIew committee that a partIcular unlIsted use does not conflict wIth the Intent of thIs chapter or the policies of the Yelm development plan b The cntena for such findIng of simIlanty shall Include but not be IUnlted to the folloWIng: That the proposed use IS appropnate in thIs dlstnct, That the development gUldelll1es for permitted uses can be met by the proposed use, (3) That the public need is served by the proposed use (I) (2) 17.26.035 Prohibited uses. Uses other than those ldentIfied or desCrIbed 111 5.ectlOl1 17.26,02C) oftlus chapter arc prolllblted. 1I1c111dlng but not hmlted to. A. Automobile sales, major is a prohibited use 111 this zone B. Recreational vehIcle storage unless fulh cOl1ta1l1ed wlthl11 an enclosed structure. 17.26.040 Special uses. A. Outdoor flea market and farmer's market are speCial uses allowed under Chapter 17 66, subject to the folloWIng condItIOns. No more than four per year per location, 2 Not more than three days at a time, 3 Not to cause a public hazard relatIng to traffic, Sal1ltatlOn, etc B SpeCIal uses as permitted as provided for in Chapter 17 66 17.26.050 Environmental performance standards. It shall be the responsibIlity of the operator and/or the propnetor of any permItted use to proVide such eVIdence and techl1lcal data as the approval authonty may requIre to demonstrate that the use or actiVIty is or will be In comphance with the envIronmental 17.26 - 4 o o o c performance standards of Chapter 17.57 of this tItle FaIlure of the approval authOrIty to reqUire such 10 format IOn shall not be construed as relIev1l1g the operator and/or the proprIetor from complIance With the envIronmental performance standards ofthls title 17.26.060 Site/building area. The size and shape of sItes shall be as follows A. MmllTIUm sIze of any parcel to be developed 10 this dIstrIct shall be five thousand square feet. B Twenty-five percent (25%) of the floor area ofa bUlldmg With SIngle-story gross floor area In excess of 40,000 square feet shall be sIted wlth1l1 1,000 lmear feet of a double arterIal 17.26.070 Building location. Location of buIld lOgs or structures on site, If adjacent parcels are 10 same zonmg distrIct or In another commercial or mdustrIal dIStrICt, shall be as follows. A. Setbacks from side property lInes ten feet; B Setbacks from rear property hnes. twenty feet; C Setbacks from front property lInes. fifteen feet. 17.26090 HeIght. MaxImum heIght of bUild lOgs shall be forty feet. 17.26.100 Ingress and egress. Ingress and egress at the site shall be consistent WIth the Yelm Development Guidelmes 4B 140 17.26.110 Off-street parking. A. The provIsIOns of Chapter 17 72 shall apply c B The minimum park 109 reqUirements specified In this sectIOn may be adjusted In the site plan review process under the folloWIng condItIOns when 111 their opmlOn an adjustment will be 111 accord With the purposes of thIs code, and WIll not create an adverse Impact on eXlst1l1g or potentIal uses adJoming the subject property, or In the general VICInity of the subject property The followmg factors shall be consIdered 10 the determmation of such Impacts and sllch adjustments Two or more uses may share a parkmg area or garage If a. The total number of park 109 spaces provIded is at least equal to the sum of the minimum number of spaces reqUired for each use; or b The uses are operatmg dUrIng dIfferent hours and the number of park 109 spaces IS at least equal to the minimum number of spaces required for all uses operating at the same time, and no greater than the maximum number of spaces permItted for all uses operating at the same time 2 Where adJommg parkmg faCIlIties of two or more ownershIps are developed and designed as one parkmg facIlIty, a reductIOn of up to fifteen percent of the total combined reqUired parking spaces may be permitted 3 The continuatIon of Jomt or shared facIlIties shall be assured by a sufficient legal document such as a covenant or recIprocal easement agreement or recorded covenant on the approved site plan or by partICIpatIOn 10 a local Improvement distrIct. Alternative programs that may be considered by the approval authOrIty and/or site plan revIew commIttee under this section mclude, but are not limited to the followmg: c 17.26 - 5 a. Private vanpool operatIOn, 0 b Transit/vanpool fare subsIdy; c ImposItIon and mamtenance of a charge for parkmg; d ProvIsIon of subscriptIOn bus servIces, e Flexible work hour schedule, f CapItal Improvements for transIt servIces, g. Preferential parking for carpools/vanpools, h ParticIpation In the ride-matching program, Reduction of parking fees for carpools and vanpools, C J Establishment of a transportatIon coordinator posItIon to nnplement carpool, vanpool and transIt programs; k. Bicycle parking facIlitIes. Off-street parking reqUIrements for uses sImilar or related to, or any use not specifically listed m the Yelm Development GUIdelines, SectIon 4, TransportatIOn, Table I, shall be determined by the approval authOrity and/or sIte plan revIew commIttee after consultatIOn With the dIrector of public works on the basIs of the requirement for SImilar uses, and on the basIs of evidence of actual demand created for simIlar or related uses m Yelm, and such other traffic englneermg or plannmg data as may be avaIlable and appropriate for the establishment of minImum and maxImum parking reqUIrements. o D Parking spaces may be designed and constructed for up to twenty-five percent of the requIred number for compact sIze cars. An applicant must clearly IdentIfy all spaces desIgned and constructed for compact car use. The approval authOrity and/or sIte plan revIew committee may approve the desIgn and desIgnation of more than twenty-five percent of the spaces for use by compact cars If the applicant demonstrates that no adverse Impact WIll result. E Parking areas or garages shall be designed to provIde for off-street vehicle circulatIOn to adJOIllIng property and parkmg areas where phYSically feasible, except that driveways and parkmg aIsles should not cross pedestrian linkages in C-I land use districts. F Convelllent, marked pedestrian access shall be provIded from parkmg areas to pedestrian linkage systems and from parking areas to prmclpal uses. G An owner/developer may mstall the reqUIred parkmg spaces In phases If a phased schedule has been approved by the approval authOrity and/or site plan review committee ThiS schedule must specifically mdlcate when the mllllmum parkmg requIrements of SectIOn 17.24 140 wIll be provIded The approval authOrity and/or site plan review commIttee may permit the use of temporary parkmg areas with appropriate screening as part of a phasing schedule In addition, the approval authority and/or site plan review committee may requIre a performance assurance devIce to Insure conformance with the reqUIrements and Intent of Section 17.24 140 17.26-6 o c c c 17.26.115 Parking area and circulation design. A. The CIty public works department or approval authorIty shall have the authorIty to fix the locatIon, width and manner of approach of vehIcular Ingress or egress from a butldmg or parkIng area to a public street and to alter eXIstIng Ingress and egress as may be reqUIred to control street traffic In the Interest of publIc safety and general welfare B Internal circulatIOn of the lot shall be so designed as to mInImIze m-and-out drIVIng tIme, IdlIng tIme and tIme spent lookIng for a parkIng space C When off-street parking is provIded In the rear of a buildIng and a drIveway or lane alongsIde the butldIng-provldes access to the rear parking area, such drIveway or lane shall be a mInimum wIdth of twenty feet with a three-foot mInIlTIUm wIdth sidewalk adjoInIng the buIldIng and curbed or raIsed SIX Inches above the drIveway surface. D ParkIng areas shallmclude landscapIng as requIred by this chapter or by Chapter 17 80 17.26.130 Landscaping. A Landscapmg shall be provided accordIng to Chapter 1780 and the provIsions of this Section 17.26 130 are supplemental thereto B Parcels or lots whIch share a common boundary wIth properties in a residentIal or open space/institutional distrIct shall, m additIOn to the rear or sIde setbacks reqUIred m SectIOn 17.26070, provIde a ten-foot strIp for landscapIng along said common boundary C Refuse 1 Refuse contaIner screenmg shall be reqlllred and be of a materIal and design compatible wIth the overall archItectural theme of the associated structure, shall be at least as hIgh as the refuse contaIner, and shall in no case be less than six feet hIgh No refuse contaIner shall be pennltted between a street and the front of a blllldIng. Refuse collection areas shall be designed to contaIn all refuse generated on sIte and deposIted between collectIOns. DeposIted refuse shall not be vIsible from outside the refuse enclosure. 2 3 17.26.140 Stormwater runoff All stonnwater runoff shall be retained, treated and dIsposed of on sIte or disposed of in a system designed for such runoff and which does not flood or damage adjacent properties. Systems desIgned for runoff retentIOn and control shall comply wIth specifications provIded by the CIty and shall be subject to its revIew and approval, and shall, moreover, comply wIth Chapter 5 ofthe Yelm Development GlIIdelInes, DraInage DesIgn and ErosIOn Control Standards for the CIty ofYelm. 1 7.26 - 7 Sections: 17.27010 17.27020 17.27 030 17.27040 ] 7.27050 17.27 060 17.27080 17.27090 17.27100 17.27105 17.27 120 17.27 130 Chapter 17.27 REA VY COMMERCIAL ZONE (C-2) o Intent PermItted uses ProhibIted uses Environmental perfonnance standards SIte area BlllldIng location Height Ingress and egress Off-street parkIng Parking area and circulatIOn design LandscapIng Stonnwater runoff 17.27.010 Intent. It IS the Intent of thIs chapter to A. Permit, In designated areas, commercial uses and activIties whIch depend more heavily on convenient vehicular access than pedestnan access, and whIch do not requIre locations In other commercial dlstncts, or whIch may be Inappropnate In other commercial dlstncts, B LImit locatIOn of heavy commercial areas to sItes havIng safe and efficIent access to major transportatIOn routes, o C IdentIfy the types of commercial uses appropnate or acceptable In the heavy commercial zone, D Provide development guidelInes to enhance the effiCient operatIOn of these dlstncts, and to achieve mInImum adverse Impact on the communIty as a whole, espeCially on adjacent propertIes haVIng different land use charactenstlcs. 17.27.020 Permitted uses. A SpeCIfic types of uses pennitted In thiS district are those commercial actiVitIes which are more dependent on dIrect vehicular access than the activItIes permItted In other dlstncts, Including the folloWIng: RetaIl and Commercial establIshments such as. a. Food stores and drug (vanety) stores, b BuildIng, hardware and garden matenals, c Auto supply stores, d Gasoline service statIOns, e. Liquor stores, fUsed good retai I stores, g. SportIng goods and related stores, o 17.27 - I c Books and statIOnery, video and art supply stores, Hobby toy and game shops, J Photographic, electrol1lcs and vIdeo stores, k, Fabnc stores, h Flonsts, m. Pet shops and hospitals, n Bulk retaIl stores, o Personal serVIces, p ProfessIOnal and busmess servIces, q Banks and financial offices, I' Greenhouses and garden matenals, s. HortIcultural and nursenes, 1. AuctIOn house/barn, mcludmg auctIOn house/barn for vehicles or livestock, u Car washes and servIce stations (mmor and major), v Other simIlar retail, professIOnal and busmess uses as approved by the sIte plan review committee. c 2 Sales and/or servicmg of' a. Appliances and home furnlshmgs, b AutomobIles, major and mmor, c Boats and marine equIpment, d. BUIlding materials, mcludmg plumbmg, electncal, etc., e. Campers, mobIle homes and traIlers, f Farm equIpment and supplies, g. Laundry and dry c1eanmg equipment, both commercIal and self-service, 3 Eatmg and dnnking places, mcludmg dnve-throughs; 4 Commercial recreation, such as. a. Personal amusement or recreatIOn establIshments such as those featunng mechal1lcal or electronic games, games of skIll such as billiards, bowlmg, table tenl1ls and the like, and p Dnve-m theaters, 2:. MIni-Storage FaclhtJes. 6. Recreational Velllcle Storage, c 17,27-2 7 Recycling centers for the collectIOn and temporary storage of matenals, provided, that the storage and collectIOn operatIOn IS conducted within an enclosed building having a maximum gross floor area of four thousand square feet. All recycling centers must be reviewed and approved pnor to operatIOn by the site plan review commIttee, 8 RecreatIOnal vehicle parks subject to the followmg standards. o a. The minimum lot sIze reqUIrement shall be two acres, and a mmimum recreatIOnal vehicle site of one thousand square feet In area, b No structure or recreational vehicle site shall be closer than twenty-five feet to any property Ime The area created by such setback shall be used for landscaping to screen the recreatIOnal vehIcles from adJ01l1mg properties, c PermItted Improvements mclude restroom facilities; plcnlckmg areas, boating; fish 109; sWlmmmg; outdoor games and actiVIties, mcludmg mll1lature golf courses or any mechanical amusement device, and other uses customarily inCIdental to the operatIon of the park, d FaCilities for storage and dIsposal of trash and garbage In a sal1ltary manner shall be provided in each park, 9 Child day care centers as proVided In Chapter 17 65, 10 Distributive bUSiness estab\Jshments such as wholesaling, warehOUSing, mcludlng for example a. Mail order warehouses, Automotive parts wholesalers, o b c Hotels and motels, d Recreational vehIcle faCilities and transIent guest facilitIes 111 conjunction With hotels and motels, II NeIghborhood commercIal development as proVided In Chapter 17.36 12 Apartments at a denSIty of 16 Units per acre as part of a mIxed use development. Apartments shall represent no more than SIXty percent (60%) of a mixed use development. All other residential uses are allowed provided the development occurs on eXisting lots of record, I acre or less; B Other unlisted, snnilar or related uses, and cntena for determmatlOn of slmllanty or relatedness, as follows Uses similar to, or related to, those listed In subsection 17.27 020(A) are permItted upon a finding of the approval authonty and/or the sIte plan review committee that a partIcular unlisted use does not conflIct WIth the Intent of this chapter or the poliCies of the Yelm development plan. 2 The cntena for such findmg of slmilanty shall include but not be limIted to the following: a. That the proposed use IS appropnate In thIS dlstnct, b That the development gUIdelines for permitted uses can be met by the proposed o 17.27-3 o c o use, c That the publIc need IS served by the proposed use. C SpecIal uses may be permitted as provided for m Chapter 1766 of this tItle D On-sIte hazardous waste treatment and storage facIlItIes as an accessory use to any activity generating hazardous waste and lawfully allowed m thIS zone, provIded that such facIlItIes meet the state sitmg cntena adopted pursuant to the reqUIrements of RCW 70 105.210 17.27.030 Prohibited uses. Uses other than those Identified or descnbed 111 Section] 7.27020 of this chapter are prohibited, mcludmg but not lImIted to A Auto wreckmg yards mcludmgJunk, scrap metal and other matenal salvage operations, With the exceptIOn ofrecyclmg centers whIch are permItted as provIded for m SectIOn 17.27020, B Storage of explOSIves or matenals of such character or 111 such quantItIes as to constItute a slgmficantly greater hazard to persons, property or envIronmental health than that posed by materials commonly used or stored m the ordlllary retail and servIce establishments permItted 111 thIS dlstnct. 17.27.040 Environmental performance standards. A. It shall be the responsibilIty of the operator and/or the propnetor of any permitted use to provIde such eVidence and technical data as the approval authonty may require to demonstrate that the use or actIvIty IS or will be 111 comphance WIth the envIronmental performance standards of Chapter 17.57 ofthls title Failure of the approval authonty to require such 1I1formatlon shall not be construed as relIevmg the operator and/or the propnetor from comphance With the envIronmental performance standards of this tItle 17.27.050 Site area. M1I11mum size of any parcel to be developed in thIS dlstnct shall be five thousand square feet. 17.27.060 Building location. LocatIon ofbuIldmgs or structures on site, If adJacent parcels are 111 same zoning dlstnct or in another commercial or mdustrial dlstnct, shall be as follows A, Setbacks from side property Imes ten feet; B Setbacks from rear property lines twenty feet; C Setbacks from front property Imes, fifteen feet. 17.27.080 Height. Maximum height of bUlldmgs shall be forty feet. 17.27.090 Ingress and egress. Ingress and egress at the sIte shall be consistent With the Yelm Development Guidelines 4B 140 17.27.100 Off-street parking. A. The provIsIOns of Chapter 17 72 shall apply B The mmlmum parkmg requIrements speCified 111 thIS sectIOn may be adjusted in the sIte plan revIew process under the followmg condItIons when m theIr opmlon an adjustment will be m accord With the purposes of this code, and WIll not create an adverse Impact on existing or potential uses 17.27-4 adjoining the subject property, or In the general VICinity of the subject property The followlIlg factors shall be consIdered In the determlllatlOn of such Impacts and such adjustments o Two or more uses may share a parklllg area or garage If a. The total number of parking spaces provIded IS at least equal to the sum of the minimum number of spaces reqUIred for each use; or b The uses are operating dUrIng dIfferent hours and the number of parklllg spaces IS at least equal to the mInimum number of spaces requIred for all uses operating at the same time, and no greater than the maxImum number of spaces permItted for all uses operating at the same time 2 Where adjoining parklllg facilitIes oftwo or more ownershIps are developed and designed as one parking facIlIty, a reductIOn of up to fifteen percent of the total combined reqUIred parking spaces may be permItted 3 The continuatIon of JOint or shared facilItIes shall be assured by a suffiCIent legal document such as a covenant or reciprocal easement agreement or recorded covenant on the approved sIte plan or by partIcIpation In a local Improvement distrIct. Alternative programs that may be considered by the approval authority and/or sIte plan review committee under this sectIOn Include, but are not limIted to the follOWing: a. PrIvate vanpool operatIOn, b Transltlvanpool fare subSIdy; c ImposItIOn and maintenance of a charge for parking; 0 d ProvIsIOn of subSCrIptIOn bus serVIces, e Flexible work hour schedule, f CapItal Improvements for transIt serVIces, g. Preferential parking for carpools/vanpools, h PartiCIpatIon In the ride-matchIng program, ReductIOn of parking fees for carpools and vanpools, J EstablIshment of a transportatIOn coordlllator pOSItion to implement carpool, vanpool and transIt programs, k. BIcycle parkmg facilities. C Off-street parking requIrements for uses SImilar or related to, or any use not speCIfically listed In the Yelm Development GUIdelines, SectIOn 4, TransportatIOn, Table 1, shall be determmed by the approval authOrIty and/or sIte plan review committee after consultatIon WIth the director of publIc works on the baSIS of the reqUIrement for SImilar uses, and on the baSIS of eVidence of actual demand created for SImilar or related uses In Yelm, and such other traffic engineerIng or planning data as may be available and approprIate for the establIshment of minimum and maximum parking reqUIrements. D Parking spaces may be deSigned and constructed for up to twenty-five percent of the reqUIred 17.27 - 5 o c o c number for compact sIze cars. An applIcant must clearly Identify all spaces designed and constructed for compact car use The approval authonty and/or sIte plan reVIeW committee may approve the desIgn and desIgnation of more than twenty-five percent ofthe spaces for use by compact cars If the applIcant demonstrates that no adverse Impact wIll result. E ParkIng areas or garages shall be designed to proVIde for off-street vehIcle circulatIOn to adjoInIng property and parkIng areas where physIcally feasIble, except that dnveways and parkIng aIsles should not cross pedestnan lInkages In C-2 land use dlstncts. F Convenient, marked pedestnan access shall be proVided from parkIng areas to pedestnan lInkage systems and from parkIng areas to princIpal uses. G An owner/developer may install the required parking spaces In phases If a phased schedule has been approved by the approval authonty and/or site plan revIew commIttee. This schedule must specIfically IndIcate when the mInImum parkIng requIrements of SectIOn 17.24 140 wIll be proVIded The approval authonty and/or sIte plan revIew commIttee may permIt the use of temporary parkIng areas with appropnate screenIng as part of a phasIng schedule. In addItIon, the approval authority and/or sIte plan review committee may require a performance assurance deVIce to Insure conformance with the reqUIrements and intent of SectIOn 17.24 140 17.27.105 ParkIng area and cIrculatIOn deSign A The CIty publIc works department or approval authority shall have the authonty to fix the locatIOn, width and manner of approach of vehIcular Ingress or egress from a bUIldIng or parkIng area to a publIc street and to alter eXIsting Ingress and egress as may be reqUIred to control street traffic In the Interest of publIc safety and general welfare B Internal cIrculation of the lot shall be so deSIgned as to mInImIze In-and-out dnvIng tIme, Idling tIme and time spent lookIng for a parkIng space C When off-street parkIng IS provIded In the rear of a bUIldIng and a dnveway or lane alongSIde the building provides access to the rear parkIng area, such dnveway or lane shall be a mInImum WIdth of twenty feet WIth a three-foot mInImum WIdth SIdewalk adjOIning the bulldl11g and curbed or raised SIX Inches above the dnveway surface o ParkIng areas shall include landscapl11g as required by thiS chapter or by Chapter 17 80 17.27.120 Landscaping. A. LandscapIng shall be proVIded accordIng to Chapter 1780 and the provIsIOns of thIs SectIOn 17,27 120 are supplemental thereto B Parcels or lots whIch share a common boundary with properties In a reSidential or open space/instItutIOnal dlstnct shall, In additIOn to the rear or side setbacks reqUIred in SectIOn 17.27060, proVIde a ten-foot stnp for landscapIng along said common boundary C Refuse. 1 Refuse contaIner screenIng shall be reqUIred and be of a matenal and deSIgn compatIble With the overall archItectural theme of the assocIated structure, shall be at least as hIgh as 17.27 - 6 the refuse container, and shall In no case be less than SIX feet high 2 No refuse container shall be permitted between a street and the front of a building. 3 Refuse collectIOn areas shall be designed to contain all refuse generated on site and deposited between collectIOns. Deposited refuse shall not be vIsible from outside the refuse enclosure 17.27.130 Stonnwater runoff All storm water runoff shall be retained, treated and disposed of on site or disposed of In a system designed for such runoff and whIch does not flood or damage adjacent properties. Systems designed for runoff retentIOn and control shall comply with specificatIons proVIded by the CIty and shall be subject to ItS revIew and approval, and shall, moreover, comply with Chapter 5 of the Yelm Development GUidelines, Drainage Design and Erosion Control Standards for the CIty ofYelm 17.27 - 7 o o o c o o Sections: 17,28010 17.28020 17.28030 17.28040 17.28050 17.28060 17.28070 17.28080 17.28 082 17.28085 17.28090 17.28100 17.28110 Chapter 17.28 LARGE LOT COMMERCIAL ZONE (C-3) Intent Permitted uses Prohibited uses Environmental performance standards Site area BuIldIng location MiIIII11Ul1I flool alGa Height Ingress and egress Off-street parkIng ParkIng area and circulatIOn design Landscaping Stormwater runoff 17.28.010 Intent. It IS the intent of thIs chapter to A. ProvIde for the location of the facilttles and services needed by the traveling pub ltc, B PermIt commercIal uses and actIvities which depend more heavIly on convenIent vehIcular access than pedestrian access, C Limit locatIOn to sItes having safe and efficient access to major transportatIOn routes, D Identify the types of commercIal uses appropriate or acceptable In the large lot commercial zone; E Provide development gUIdelInes to enhance the effiCient operation of these diStriCtS, and to achieve mInimum adverse Impact on the commulllty as a whole, especIally on adjacent properties haVIng different land use characteristics. 17.28.020 Permitted uses. A. SpeCific types of uses permitted in thiS district are those commercial activitIes that are permitted outright In the commercial zone (C-l) and the heavy commercial zone (C-2) B SimIlar or related uses permitted and Criteria for determInatIon of SimIlarity or relatedness, as follows. Uses Similar to, or related to, those Itsted in subsection 17.28 020(A) are permItted upon a finding of the approval authOrity and/or the site plan review committee that a partIcular unltsted use does not conflIct With the Intent of this chapter or the poltcles of the Yelm development plan, 2 The Criteria for such findIng of SimIlarity shall Include, but not be Itmlted to, the follOWIng: a. That the proposed use IS appropriate In thiS district, b That the development gUIdelines for permitted uses can be met by the proposed 17.28 - I use, o c That the publIc need IS served by the proposed use C SpecIal uses may be permitted as prOVided for m Chapter 1766 of thIs title. D On-sIte hazardous waste treatment and storage facIlIties as an accessory use to any activity generatmg hazardous waste and lawfully allowed m thiS zone, prOVIded that such facIlIties meet the state Sltll1g cntena adopted pursuant to the requirements of RCW 70 105.210 17.28.030 Prohibited uses. Uses other than those Identdied or described 111 Section 17.28020 of thIs chapter are prohibited, mcludll1g but not lImIted to A. Auto wreckll1g yards mcludmgJunk, scrap metal and other matenal salvage operations mcludmg recyclll1g centers, B Storage of explosives or matenals of such character or m such quantities as to constitute a sigl1lficantly greater hazard to persons, property or environmental health than that posted by matenals commonly used or stored 111 the ordmary retad and servIce establIshments permitted m thIS dlstnct. 17.28.040 Environmental performance standards. A. It shall be the responsibilIty of the operator and/or the proprietor of any permItted use to proVide such eVidence and techl1lcal data as the approval authonty may reqUIre to demonstrate that the use or activity IS or will be 111 complIance With the environmental performance standards of Chapter 17.57 of this title Fadure of the approval authonty to require such lI1formatlOn shall not be construed as relievmg the 0 operator and/or the proprietor from complIance With the environmental performance standards of th IS title 17.28.050 Site area. Minimum size of any parcel to be developed ill t1Il5 dlStll"t sl,all bG 10 aCIGS subdIVIded or developed through the bmdmg sIte plan ~hall result Hl at least 7()i% of the sIte remallllllg Hl one parcel or commercIal pad. No nunUl1um lot size restrictIOns shall apph for the rell1ammg 30'j() of the sIte. 17.28.060 Building location. Location of bUIld lOgs or structures on Site, .fadJacent parcels are m the same zonmg dlstnct or m another commercial or industnal dlstnct, shall be as follows. A. Setbacks from Side property Imes. fifteen feet; B Setbacks from rear property IlOes. fifteen feet; C Setbacks from front property lInes fifteen feet. 17.28.878 Minimum flool al ea. MII11111UIII 100,000 5quale feet of gloss flool alGa pGI StlUCttllG 17.28.080 Height. MaXimum height ofbUlldmgs shall be fifty-five feet. 17.28.082 Ingress and egress. Ingress and egress at the sIte shall be lImIted to one dnveway for each two hundred feet of frontage Where only one dnveway serves a Site, said driveway shall not be less than twenty-five feet nor more than thirtY-SIX feet wide All dnveways shall be not less than one hundred fifty feet from mtersectmg nght-of-way lines, measured from the centerline of the dnveway Curbs and gutters or permanently fixed bollards shall be provided to lImit other vehicular access to the site o 17.28 - 2 C 17.28.085 Off-street parking. A. The provIsIons of Chapter 17 72 shall apply B The mmlmum parkmg reqUirements specIfied m this section may be adjusted m the sIte plan revIew process under the followmg conditIons. when m their opinIon an adjustment wIll be m accord wIth the purposes of thIs code, and wIll not create an adverse Impact on eXlstmg or potential uses adJommg the subject property, or m the general VICl1llty of the subject property The followmg factors shall be considered m the determmatlOn of such Impacts and such adjustments. Two or more uses may share a parkmg area or garage If a. The total number ofparkmg spaces provided is at least equal to the sum of the minImum number of spaces reqUired for each use, or b The uses are operatmg dUring different hours and the number of parkmg spaces IS at least equal to the mmlmum number of spaces reqUIred for all uses operatmg at the same time, and no greater than the maxImum number of spaces permItted for all uses operatIng at the same time 2 Where adjommg parkmg facilities of two or more ownershIps are developed and deSIgned as one parkmg facility, a reduction of up to fifteen percent ofthe total combIned requIred parkmg spaces may be permItted. c C c The contmuatlOn of Jomt or shared facIlitIes shall be assured by a sufficIent legal document such as a covenant or recIprocal easement agreement or recorded covenant on the approved sIte plan or by partIcipatIOn m a local Improvement dIstriCt. AlternatIve programs that may be considered by the approval authority and/or site plan review commIttee under thIs section include, but are not limited to the folloWIng: a. Private vanpool operation, b Translt/vanpool fare subsIdy; c ImpOSItIon and mamtenance of a charge for parkmg; d. ProvIsIOn of subscriptIOn bus servIces, e Flexible work hour schedule; f CapItal Improvements for transit services, g. PreferentIal parking for carpools/vanpools, h. ParticIpatIOn m the rlde-matchmg program, ReductIOn of parkmg fees for carpools and vanpools, J Establishment of a transportatIOn coordinator positIon to Implement carpool, vanpool and transIt programs; k. Bicycle parkmg facIlitIes Off-street parkmg requirements for uses sImIlar or related to, or any use not specIfically listed III the Yelm Development GUIdelines, Section 4, Transportation, Table 1, shall be determmed by the approval authority and/or sIte plan review committee after consultation with the director of public 3 17.28 - 3 works on the basIs of the requirement for simIlar uses, and on the basIs of eVIdence of actual 0 demand created for sImIlar or related uses 10 Yelm, and such other traffic engmeerIng or plannmg data as may be avaIlable and approprIate for the establishment of mmlmum and maxImum parkmg requirements. D Parkmg spaces may be desIgned and constructed for up to twenty-five percent of the reqUired number for compact sIze cars. An applicant must clearly Identify all spaces desIgned and constructed for compact car use The approval authorIty and/or sIte plan revIew commIttee may approve the desIgn and desIgnation of more than twenty-five percent of the spaces for use by compact cars If the applIcant demonstrates that no adverse Impact wIll result. E Parkmg areas or garages shall be designed to provIde for off-street vehIcle cIrculatIOn to adJoinmg property and parkmg areas where physIcally feasible, except that drIveways and parking aIsles should not cross pedestrIan lmkages in C-3 land use dIstrIcts. F ConveOlent, marked pedestrIan access shall be provIded from parking areas to pedestrIan linkage systems and from parking areas to prIncIpal uses. G An owner/developer may mstall the reqUired parkmg spaces m phases If a phased schedule has been approved by the approval authorIty and/or sIte plan revIew committee ThIs schedule must specIfically indIcate when the mmimum park 109 reqUirements of SectIon 17.24 140 wIll be provIded. The approval authorIty and/or sIte plan revIew commIttee may permit the use of temporary parkmg areas wIth approprIate screenmg as part of a phasmg schedule In addition, the approval authorIty and/or sIte plan revIew commIttee may require a performance assurance deVIce to insure conformance with the reqUirements and mtent of SectIon 17.24 140 17.28.90 Parking area and circulation design. o A. The CIty publIc works department or approval authOrIty shall have the authOrIty to fix the location, wIdth and manner of approach of vehIcular mgress or egress from a buIldmg or parkmg area to a publIc street and to alter eXlstmg ingress and egress as may be reqUired to control street traffic 10 the mterest of publIc safety and general welfare B Internal cIrculation of the lot shall be so deSIgned as to mmlmlze m-and-out drIvmg time, Idlmg time and time spent looking for a parking space C When off-street parking IS proVIded in the rear of a buddmg and a drIveway or lane alongside the buildmg provides access to the rear parkmg area, such driveway or lane shall be a mmlmum wIdth of twenty feet with a three-foot miOlmum width sIdewalk adJoinmg the bUlldmg and curbed or raised SIX mches above the driveway surface D Park 109 areas shalllOclude landscapmg as reqUIred by thIS chapter or by Chapter 17 80 17.28.100 Landscaping. A. Landscapmg shall be provIded accord 109 to Chapter J 780 and the proVISIOns of this SectIon 17.28 100 are supplemental thereto B Parcels or lots whIch share a common boundary with properties 10 a residentIal or open space/institutIonal dIstrIct shall, 10 addItIon to the rear or side setbacks requIred m Section 17.28060, proVide a ten-foot strIp for landscaplOg along saId common boundary C Refuse o 17.28 - 4 c c o 2 3 Refuse contamer screening shall be reqUired and be of a matenal and design compatIble wIth the overall archItectural theme of the associated structure, shall be at least as hIgh as the refuse contamer, and shall m no case be less than SIX feet hIgh No refuse contamer shall be permitted between a street and the front of a bUilding. Refuse collectIOn areas shall be designed to contam all refuse generated on site and deposited between collectIOns. DeposIted refuse shall not be visible from outside the refuse enclosure 17.28.110 Stormwater runoff. All stormwater runoff shall be retamed, treated and disposed of on site or disposed of to a system desIgned for such runoff and whIch does not flood or damage adjacent properties. Systems designed for runoff retentIOn and control shall comply wIth specIficatIOns provided by the city and shall be subject to ItS review and approval, and shall, moreover, comply wIth Chapter 5 of the Yelm Development Guidelines, Drainage DesIgn and Erosion Control Standards for the City of Yelm 17.28 - 5 Chapter 17 63 MANUFACTURED HOMES o SectIOns. 1763 0 I 0 17 63 020 17 63 030 17 63 040 17 63 050 17 63 070 17 63 080 17 63 095 Intent DefinItions Designated manufactured home reqUIrements Manufactured home subdivIsion development standards Manufactured home subdivIsion --Review Manufactured home communIty--Development standards Manufactured home community--Slte plan review Manufactured home communIty design standards--Stormwater runoff 17.63.010 Intent. It IS the mtent of this chapter to A. Permit the location of manufactured homes as a permanent form of dwellmg UnIt m certam dIstrIcts and as an accessory use or a temporary use in certam other diStrIctS, B Provide standards for the development and use of manufactured homes approprIate to theIr locatIOn and their use as permanent, accessory or temporary facilities, C DeSIgnate approprIate locatIOns for such dwelhng UnIts, D Ensure a hIgh quahty of development for such dwellmg UnIts to the end that the occupants of manufactured homes and the communIty as a whole are protected from potentially adverse Impact of such development or use; E Provide for CIty revIew of proposed manufactured home commUnIties and subdivIsions, o F Make a dlstmctlOn between manufactured home commUnIties and manufactured home subdivIsIons, and their development and occupancy characterIstics 17.63.020 Definitions. A "Designated Manufactured Home" means a manufactured home on an IIldlvldual parcel that IS used for residential purposes. It IS a slllgle-famIly dwelhng bUilt accordmg to the Federal Manufactured Housmg Construction and Safety Standards Act of 1974 B "facia" means a type ofwamscotmg whIch encloses the lower part of the manufactured home, covermg wheels and undercarriage C "Footing" means that portIon of the support system that transmits loads directly to the soli D "Ground set" means the IIlstallatlOn of manufactured homes with crawl space elevation three IIlches or more below elevatIOn of exterIor finIshed grade E "Main frame" means the structural component on whIch IS mounted the body of the manufactured home F "Manufactured home" means a smgle-famIly dwellmg bUIlt accordmg to the Federal Manufactured Housmg ConstructIOn and Safety Standards Act of 1974 A manufactured home mcludes plumblllg, heatmg, air condltlOnmg, and electrIcal systems, and IS bUIlt on a permanent chassis. G Mobile home" means a factory-buIlt dwellmg bUIlt prior to the enactment of the Federal o 1763 - I c H Manufactured Home Construction and Safety Standards. "Manufactured housing community" means a residential development typified by s1l1gle ownership of land wlthlll the development, with the landowner reta1l1111g the rights of ownership Home sites within the community are leased to individual homeowners, who reta1l1 customary leasehold nghts. "Manufactured home subdivision" means an area of land, platted 111 accordance With the subdivIsion or platt1l1g regulatIOns of the City and the state ofWash1l1gton, 111 which each parcel or lot is deSigned and 1I1tended to be owned 111 fee by a person or persons also own1l1g and occUPY1l1g the manufactured home J "Modular home" means a structure constructed 111 a factory of factory assembled parts and transported to the bUlld1l1g sIte 111 whole or 111 umts WhICh meets the requirements of the Umform BUlldmg code. This includes prefabncated, panellzed, and modular umts shIpped either preassembled or assembled at the sIte. K. "Pier" means that portIOn of the support system between the foot1l1g and the Manufactured home, exclUSive of caps and shims. L. "Support system" means a combinatIOn offoot1l1gs, pIers, caps and shims that will, when properly 1I1stalled, support the mobile/manufactured home 17.63.030 Designated Manufactured Home Requirements. Manufactured housmg umts placed on a lot outSIde of a manufactured home subdivIsion or manufactured home commumty shall comply With the followmg requIrements. c A. PermItted Use A deSignated manufactured home IS a primary use on eXIstmg lots m all reSIdential districts .(R-4, R-6 and R-14 ) B FoundatIOn. Homes shall be set below grade on ribbon-footmgs and a permanent foundatIOn shall be constructed around the penmeter No more than twelve mches (12") of the perimeter foundation shall be VIsible or above the finish grade of the lot. C Size and Compatibility WIth Site-Built Housmg. Manufactured housmg shall be compared to sIte- bUilt housmg m the neighborhood wIthm the same zonmg dIStriCt. In general, manufactured homes shall be compnsed of at least two (2) fully enclosed parallel sections With a total Width of a least twenty-four (24) feet and a length of at least thirtY-SIX (36) feet. Approval for the manufactured home shall not be granted unless It IS found that the manufactured home IS substantIally SImilar 111 size, sIdmg, material, roof pItch, roof material and general appearance to the Site-built housmg which may be permItted by the zonmg and/or buildmg code m the neighborhood m the same zonmg dIstrict. D Age of a Manufactured Home The age of a manufactured home, as reflected on the title, shall not exceed a maximum of five years at the time of mstallatlon. E. As an accessory use for security or mamtenance personnel m the followmg diStriCtS, subject to site plan review' Heavy commercial zone (C-2); 2 Industnal/ warehouse dIStriCt (I/W); c 3 Industrial dIstnct (I); 1 7 63 - 2 4 Open space/instItutional district. o F As temporary or emergency use In Any district as part of a construction project for office use of constructIOn personnel or temporary lIving quarters for security personnel for a period extendmg not more than ninety days beyond completion of constructIOn A thirty day extensIon may be granted by the city manager upon written request of the developer and upon the manager's findmg that such request for extensIOn IS reasonable and m the publIc Interest; 2 Any district as an emergency facIlIty when operated by or for a publIc agency; 3 In the open space/institutIOnal dIstrict where a commul11ty need IS demonstrated by a publIc agency such as temporary classrooms or for security personnel on school grounds. 17.63.0,40 Manufactured Home Subdivision Requirements. The followmg requirements apply to manufactured home subdivIsions. A. PermItted Use As a primary use m the follOWing dIStriCtS, proVided the subdIVIsion IS not less than five nor more than twenty acres In the. Low-denSIty reSIdentIal dIstrict (R-4); 2 Moderate-densIty reSIdentIal dIstrict (R-6), 3 As part of a planned reSIdential development as proVIded for In Chapter 17 60 of thiS tItle FoundatIOn. Homes shall be set below grade on rlbbon-footmgs and a permanent foundatIOn shall be constructed around the perimeter No more than twelve Inches (12 ") of the perimeter foundatIOn shall be VIsible or above the fil11sh grade of the lot. B o C Size Manufactured homes shall be comprised of at least two (2) fully enclosed parallel sectIOns WIth a total WIdth of a least twenty-four (24) feet and a length of at least thirty-SIX (36) feet. In a Master Planned Community or Planned ReSIdential Commul11ty the City CouncIl may waIve the mmlmum sIze reqUIrements for manufactured homes for up to twenty percent (20%) of the total number of reSIdentIal Ul11ts allowed D Lot SIze. and Width. The minimum lot size and Width for a manufactured home In a subdiVISIon shall be as follows. Low-denSIty reSIdential dIStriCt (R-4) - 5,000 square foot average lot size WIth a fifty (50) foot minImUm WIdth 2 Moderate-density residentIal district (R-6) - 4,000 square foot average lot size WIth a fifty (50) foot minImUm Width E. Setbacks. Setbacks shall be those of the underlYing residentIal district. F Development Coverage Development coverage shall be that of the underlYing reSIdential distriCt. G Development standards. A manufactured home subdiVISion shall be subject to the same land development and SIte development standards that apply to conventional subdIVIsions. H Open Space At least five percent (5%) of the gross parcel shall be dedicated as open space and located in a centralized location or locatIons for recreatIOnal uses, as reqUIred by YMC, Chapter 16 14, Parks and Open Space o 17 63 - 3 c c c Age of a Manufactured Home The age of a manufactured home, as reflected on the title, shall not exceed a maxImum of five years at the time of InstallatIOn 17.63.050 Manufactured home subdivision--Review. All manufactured home subdIvIsIOns shall be revIewed and approved accordIng to the provisions ofYMC, Title 16, Subdivisions. 17.63.070 Manufactured housing community - development standards. The followmg requIrements apply to manufactured hOUSIng commUnItIes. A. PermItted Use As a pnmary use In the folloWIng dlstncts, provided the manufactured hOUSIng communIty IS not less than three acres nor more than fifteen acres In the Moderate-densIty resIdentIal dlstnct (R-6), 2 High-density residentIal dlstnct (R14), wIth a maxImum density of six units per acre B SIze. There are no mInImum sIze reqUIrements for manufactured homes 111 a Manufactured Home CommunIty All manufactured homes shall comply wIth constructIOn standards as defined In SectIOn 17 63 020, DefinItIOns, "Manufactured home. " C Setbacks. Setbacks shall be those of the underlYIng reSIdential dlstnct. Yard setbacks along the penmeter of the property shall be fifteen feet from the requIred buffer D Development Coverage Development coverage shall be that of the underlying reSidential distnct. E. Lot SIze and WIdth. The mmlmum lot size and wIdth for a manufactured home In a communIty shall be as follows 2 MInImum space area. four thousand square foot average; MlIlImum WIdth forty feet; F 3 MinImum depth eighty feet; Buffenng. A twenty foot (20'), Type I Landscape Buffer shall be required around the perimeter of the sIte. BufferIng average IS allowed provided no buffer area IS less than fifteen feet (15') In WIdth. G Open Space. At least five percent (5%) of the gross parcel shall be dedicated as open space and located In a centralIzed locatIOn or locatIOns for recreatIOnal uses, as required by YMC, Chapter 1614, Parks and Open Space H Age of a Manufactured Home The age of a manufactured home, as reflected on the tItle, shall not exceed a maxImum of five years at the time of InstallatIOn \ Access. Each Manufactured home sIte shall have access from an interior dnve or roadway only 2 Access to the manufactured home communIty shall be lImited to not more than one dnveway from a publIc street or road for each two hundred feet of frontage J Parking. Off-street parkIng shall be proVided In accordance wIth Chapter 1772 of this title 2. On-street parkIng - MInImum seven (7) foot parkIng on each SIde of the street or mInImum 17 63 - 4 seven (7) foot parkmg on one sIde ofthe street and a parkmg area for quests of at least one 0 space for each five homes. Parkmg areas shall be located m a centralized 10catlOn(s) K Intenor Streets No manufactured home community shall be constructed to block connectmg streets shown or proposed as part of the Yelm comprehensIve plan. 2 All intenor pnvate streets of the community shall have mmlmum eleven (II) foot dnvmg lanes. 3 Manufactured home commUnItIes shall connect with traffic and pedestnan ways on all abutting or connectmg streets. 4 All streets, roads and dnveways shall be paved to a standard of construction acceptable to the publtc works department. Intenor pedestnan walkways, carports and parkmg areas shall be paved L Pedestnan Walkways. Mmlmum four (4) foot mternal walkway shall connect each space WIth common areas, internal roads, publtc streets and parkmg areas. All walkways must be separated, raIsed, or protected from vehIcular traffic and provide access for handIcapped persons M Accessory Buildmgs. Buildmgs or structures accessory to indIvidual manufactured homes are permItted, mcludmg enclosed carports, prOVIded that the total development coverage of the space shall not exceed the development coverage permItted m SectIOn 17 63 120 Buildmgs or structures accessory to the manufactured home communIty as a whole, and mtended for the use of all manufactured home occupants are permItted, provIded the bUlldmg area not exceed one-fourth of the common open space area. 2 o 17.63.080 Manufactured home community--Review. All manufactured home commUnIties shall be revIewed and approved accordmg to the proVISIons ofYMC, Chapter 1784, Site Plan Review 17.63.095 Manufactured home community design standards--Stormwater runoff. All storm water runoff shall be retall1ed, treated and disposed of on site or disposed of 111 a system deSigned for such runoff and which does not flood or damage adjacent properties. Systems deSIgned for runoff retentIOn and control shall comply With speCificatIons proVided by the CIty and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5 of the Yelm Development Regulations, Dramage DeSIgn and EroSion Control Standards for the CIty of Yelm o 17 63 - 5 o o c Chapter 17.96 AMENDMENTS, REZONES AND VARIANCES Sections: 1 7 96 0 1 0 17 96 020 I 7 96 023 17 96 025 1796030 1 7 96 040 17 96 050 I 7 96 060 17 96 070 Generally InItIation of amendments, rezones and variances Varlances--when granted Variances--front, sIde and rear yard setbacks AppltcatlOn forms Publtc hearings NotIce of hearmg ConsIderatIOn by CIty Council ActIon by CIty Council 17.96.010 Generally. Whenever publtc necessity, convenIence or general welfare requIres, the provisIons of thIs tItle may be amended. 17.96.020 Initiation of amendments, rezones and variances. Amendments of the text of this tItle or the officIal zonmg map or variances may be mltIated by A. Verified appltcatlOn of one or more owners of property which is proposed for a variance or rezone filed with the plannmg department. B The adoptIOn of a motIon by the CIty Council requestmg the plannmg commIssIon to set the matter for hearmg and recommendation, or C A recommendation by the planning commiSSIOn to the City Council 17.96.023 Variances--when granted. If because of specIal cIrcumstances applIcable to the subject property due to SIze, shape, topography, locatIOn or surroundmgs, and ifthe strict applIcation of this title IS found to depnve subject property of rights and privileges enjoyed by other propertIes 111 the vlcmity and under Identical zone classIficatIOn, the approval authority may grant a variance 111 accordal'ce with the provIsIons for variances m Chapter 1796 of the Yelm MUnIcIpal Code. 17.96.025 Variances--front, side and rear yard setbacks. The SPRC may grant a variance of up to fifteen percent from the front, sIde and rear setback requirements in all zones. Any variance from such front, side and rear setback reqUIrements that exceeds 15% shall be considered by the plannIng commISSIOn after the plannmg commISSIOn has provided notice and a public hearing as if such variance were a special use permit as provided in Chapter 17 66 ThIS does not preclude other variances from bemg consIdered as provIded 111 SectIOn 17 96 023 17.96.030 Application forms. The plannmg department shall prescribe the forms to be used for amendments, rezones and variances. The planning department may prepare and provide blanks for such purposes and prescribe the type of mformatlOn to be provided No appltcatlOn shall be accepted unless It compltes wIth such requirements. 17.96.040 Public hearings. At least one publtc hearing on any such proposed amendment, rezone or vanance shall be held by the planning commISSIOn 17.96.050 Notice of hearing. Notice of publtc hearings for such proposals shall be publtshed 111 a 1796 - I newspaper of general circulatIon 111 the City and by WrItten notIce, addressed through the Ul1Ited States mati, 0 to all property owners as recorded 111 the Thurston County assessor's office, wlthm three hundred feet of the subject property, at least ten days prIor to the hearIng. In addItIon, at least ten days prIor to the hearIng, notIce of saId hearIng shall be posted m the followmg places on the property; at a publtc street mtersectIon near the property; and at city hall 17.96.060 Consideration by City Council. The plannll1g commiSSIOn's recommendatIOn shall be presented for City Council consideratIOn no longer than twenty workmg days from the date a decIsIon constItutmg a recommendatIOn is rendered 17.96.070 Action by City Council. The City Counctl may accept, modify or reject the plannmg commIssIon's recommendation and findmgs or conclUSIOns therem, or may remand the decIsion to the plannmg commIssion for further hearIng. A decIsIOn by the CIty Counctl to modifY, reject ot remand shall be supported by findmgs and conclusIOns. 17.96.080 Appeal of City Council's Final Decision. These appeals go to the SuperIor Court and follow the JudICIal revIew process set forth m RCW 36 70C o c I 7 96 - 2 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 STAFF REPORT - JULY 19, 1999 PLANNING COMMISSION PUBLIC Hl:.ARlNG City of Yelm o Date July 14, 1999 To Yelm Plannmg CommISSIon From Shelly Badger, CIty AdmmIstrator Re July 19, 1999 Planmng CommISSIOn Pubhc Heanng on TelecommumcatIOns Ordmance and WIreless CommumcatIon FacIhtIes Ordmance Background. The Federal TelecommumcatIOns Act of 1996 mtent was to encourage competItIOn among telecommumcatIOns and cable teleVISIOn compames and, at the same tnne, remove regulatory bamers to entry m the marketplace WhIle recogmzmg the act's goals, It'S Important to note that Congress expressly preserved the nghts of local government to manage theIr publIc nghts-of-way, to mamtam local zonmg authonty over the placement of Wireless CommumcatIOn FaCIlItIes (WCF) and to receIve fair and reasonable compensatIOn from telecommumcatIOns proVIders. o Many CitIes around the country are developmg or have already adopted TelecommumcatIOns Ordmances \.VlllCh prOVIde a workable regulatory framework and allow for the placement of facIlItIes and eqmpment wInch wIll lead to enhanced telecommuncaItons serVIces for theIr CItIzens The Yelm CIty CounCIl (on February 24,1999) adopted a 6-month moratonum on the acceptance of apphcatIOns for and Issuance of any permIt or approval currently reqUIred for telecommUnICatIOns faCIlItIeS. to allow tIme for development of a comprehensIve telecommumcatIOns ordmance The 6-month moratOrIum expIres on August 24, 1999 A worksessIOn of the Yelm CIty Council and Plannmg CommISSIOn was held on Tuesday, July 6,1999 to prOVIde them WIth an overvIew of two draft ordmances and seek mput related to the drafts Schedule. To establIsh the mItial drafts, sample adopted ordmances were obtamed from Thurston County, CIty of UmversIty Place, Town of Raimer, Town of Marple, PhIladelphIa and the Cape Code COmnllSSIOn, Massachusetts The planned <;chedule for adoptIOn of ordmances IS as follows July 19, 1999 Yelm Planmng CommISSIOn PublIc Heanng July 28, 1999 Yelm CIty CouncIl PublIc Hearmg c July 28, August 11 or 25th. AdoptIOn oftelecommumcatIOns ordmances: Two ordmances have been prepared for the July 19, 1999 Plannmg CommISSIOn Pubhc Heanng, a WIreless CommUniCatIOn FacIhtIes Ordmance and a TelecommumcatIOns Ordmance Below IS a summary of changes made from the mItIal worksessIOn drafts and the reference chapter/sectIOn number o Wireless Communications Facilities: DefimtIOn. WIRELESS COMMUNICATION FACILITY (WCF) shall be defined m the same manner as m TItle 47, Umted States Code, SectIOn 332(c)(7)(C), as amended now or m the future, and mcludes facIhtIes for the transmISSIOn and receptIon of radIO wave or mIcrowave sIgnals used for commumcatIOn, cellular phone, personal commumcatIOns servIces, enhanced specIahzed mobIle radIan, and any other wIreless serVIces hcensed by the Federal CommumcatIOns CommIssIon (FCC) and unhcensed wIreless serVIces. ThIS does not mclude AM/FM radIO and televIsIOn broadcast facIhtIes or towers. SectIon 704 of the Federal TelecommumcatIons Act prohibIts local regulatIOns that have the effect of preventmg the sItmg of cellular towers, or dIscnmmatmg among serVIce provIders. However, It does leave mplace the authonty oflocal zomng authontIes over placement of Wireless CommumcatIon FacihtIes (WCF) SectIOn 704 also prohibIts local government from takmg actIOn wIth regard to "RadIO Frequency RadiatIOn" If the operators of the WCFs comply wIth apphcable FCC regulatIOn, Where Permitted? Based on worksessIOn dIScussIon, SectIOns 17 00 040 and 17 00 050 outlme the permItted and prohibIted 0 locatIOns for sItmg ofWCFs. A Pnonty and Secondary LocatIOn method was used. The Pnonty LocatIOn hsts pubhc property, mdustnal zones and large lot and heavy commercial zones Secondary LocatIons mclude the commercIal and central bus mess dIstnct zones and all resIdentIal zones. SectIOn 17 00 060 dIscusses the permIt process for sItmg of WCFs m Pnonty and Secondary LocatIOns How high? SectIOn 1700 100 has been revIsed to reflect the dIscussIOns. 150' free-standmg WCF (towers) heIght maXImum m a Pnonty LocatIOn or 60' m a Secondary LocatIon SectIOn 17 00 110 estabhshes a heIght maXImum of28' m a Pnonty LocatIOn for attached (antennas) WCFs and 10' m a Secondary LocatIOn. Setbacks? SectIOn 17 00 100 (B) states a setback of 110% of tower heIght, mcludmg antennas A reductIOn from thIS setback may be granted, m a Pnonty LocatIOn only, If the WCF IS bUIlt to specIfic bUIldmg codes (wmd pressure) Siting and Screening. SectIOn 17 00 100 (E) hsts these reqUIrements as per the worksessIOn dIscussIOn. Co-location. o 2 o Co-locatIOn IS defined as follows Wireless CommunIcatIOn FacIlIty (WCF) eqUIpment affixed to or erected upon eXlst~ng freestandmg or remote freestandmg WCFs or other commUnIcatIOn towers. SectIon 17 00 090 addresses co-locatIOn. Maintenance of Facilities. SectIon 17 00 130 has been added. Radio Frequency Standards. SectIOn 17 00 150 has been added. Fees and permit process. SectIon 17 00 160 lIsts fees for sItmg m both Pnonty and Secondary LocatIons usmg eIther a SIte Plan ReVIew process (Pnonty LocatIOns) or a SpecIal Use PermIt process (Secondary LocatIOns) Telecommunications Ordinance: Ken Garmann and I met WIth MIchael Brown, Engmeenng SupervIsor, Yelm Telephone Company to dISCUSS some of theIr concerns WIth the mltIal draft. I have mcluded a copy of hIS letter to me We have addressed a number of theIr comments, WhICh are depIcted m bold on the PublIc Heanng draft ordmance C What does this ordinance regulate? The TelecommUnIcatIOns Ordmance WIll establIsh standards for the grantmg and renewal of telecommUnIcatIOns lIcenses and franchIses, prOVIde for the regulatIOn of use of publIc nghts of way, prOVIde for msurance, bondmg and constructIOn standards for faCIlItIes located m publIc nghts-of-ways and establIsh a fee schedule Chapter 15.52, Section 15.52.020. Definitions. UtIlIty RIght-of-Way Work Classes A, Band C have been added to define the vaned type of work that IS done m the nght-of-way The fee and constructIOn sectIOns WIll refer to these classes of work. Chapter 15.56, Telecommunication Ordinance Registration. ThIS sectIOn does not reqUIre an eXIstmg or future franchIsee or lIcensee to regIster smce all regIstratIOn mformatlOn IS contamed m theIr lIcense or franchIse applIcatIOn. Chapter 15.60, Licenses. A lIcense IS requIred of any TelecommUnIcatIOns Carner who currently occupIes or deSIres m the future to occupy any Rlghts-of- Way for the purpose of providing services exclusively to Persons or areas outside the City No major changes were made to thIS Chapter from the mItIal draft. o Chapter 15.64, Franchises. A franchIse IS reqUIred of any TelecommUnIcatIOns Carner who currently occupIes or deSIres m the future to occupy Rlghts-of- Way to provide services to any Person or area in the City SectIOn 1564030 was reVIsed (m bold) to reflect the concern ofYelm Telephone Company regardmg the CIty'S ability to deny a franchIse when they are reqUIred by the WUTC to prOVIde servIce 3 wIthin our serVIce area. o Chapter 15.68, Cable Franchises. No changes to thIS chapter Chapter 15.72, Conditionsfor Use of Rights-of-Way. Changes In SectIOns 1572080,1572 130, 15 72 170, 15 72 180 and 15 72.200 were revIsed to reflect dIscussIOns wIth Ken Garmann, Yelm PublIc Works DIrector and MIchael Brown, Yelm Telephone Company Major changes from the inItIal draft are related to the secunty fund and constructIOn and completIOn bond reqUIrements. An annual bond IS authonzed to allow for numerous small line extensIOn projects (such as a new servIce to a house) wIthout a bond reqUIred for each indIVIdual project. Chapter 15.76, Construction. SectIOn 15 76 080 dIscusses schedulIng of constructIon and reqUIres a wntten schedule only for Class B & C utIlIty nght-of-way work (see defimtIons) Other minor changes were made from dIscussIOns wIth Ken Garmann and MIchael Brown. Chapter 15.80, Fees. Fees have been Inserted In thIS Chapter based on the best avaIlable infOrmatIOn as many jUnSdlctIOns have not yet adopted theIr fees. A regIstratIOn fee IS reqUIred In the amount of $350 00 for any telecommumcatIOn carner who IS not reqUIred to obtain a franchIse or lIcense A franchIse, cable franchIse, lIcense fee or renewal thereof applIcatIOn fee IS reqUIred In the amount of $1500 00 An annual franchIse fee not to exceed 5% IS stated and IS subject to negotIatIOns wIth each indIVIdual franchIse grantee A utIlIty permIt fee IS stated for constructIOn In the nghts-of-way based on the Class A, Band C system 0 used In PIerce County This sectIOn may need further dIscussIOn dunng the PublIc Heanng wIth PublIc Works DIrector, Ken Garmann. An annual fee sectIon (15 80070) has been retained to reserve the nght of the CIty to charge an annual fee to the CIty to reImburse the CIty'S costs In connectIOn wIth admlmstratIOn and oversIght of the franchIse or lIcense and In connectIOn wIth revIew, inspectIon, momtonng and superVISIOn of the nghts-of-way PLANNING COMMISSION ACTION. At the conclusIOn of the PublIc Heanng the Planmng CommIssIOn must consIder the facts and publIc testImony and take one of the follOWing actIons request addItIOnal infOrmatIOn from the staff, continue the publIc heanng or make a recommendatIon of actIon to the CIty CouncIl o 4 c c o CITY OF YELM ORDINANCE NO AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, PERTAINING TO WIRELESS COMMUNICA TION FACILITIES AND INCLUDING A PURPOSE STATEMENT, DEFINITIONS, EXEMPTIONS, PRIORITY OF LOCATIONS, CO-LOCATION AND DESIGN CRITERIA, LANDSCAPING REQUIREMENTS, RADIO FREQUENCY REQUIREMENTS, PERMIT AND FEE REQUIREMENTS, NON-USE AND ABANDONMENT PROVISIONS, THIRD PARTY REVIEW, AND ADDING A NEW CHAPTER TO THE YELM MUNICIPAL CODE, TITLE 17 Whereas, on February 24, 1999 the Yelm CIty CounCIl enacted Ordmance No 656 Imposmg a moratorium on penmttmg telecommunicatIOn faCIlItieS, mcludmg WIreless commumcatIOn towers and facIlItIes wIthm the CIty of Yelm for 6 months, pendmg further study of the mdustry and the status of the CIty'S existing laws and regulatIOns, and WHEREAS, on July 28, 1999, pursuant to notIce duly gIven, a publIc heanng was held and findmgs were duly made pursuant to RCW 3563.200; and WHEREAS, on July _, 1999, pursuant to the State EnVIronmental PolIcy Act, the CIty Issued a DetermmatIOn ofNonSIgmficance on the proposed TelecommumcatIOns Ordmance. WHEREAS, the CIty CouncIl further finds after thorough study, that the City's eXIstmg zonmg code proVISIons are technologIcally dated, unclear or non-exIstent regardmg WIreless communIcatIOn facilItIes, and do not adequately Implement the goals, objectIves and polICIes of the town's comprehensIve plan, and WHEREAS, the CIty needs to adopt a comprehensIve ordmance on the subject for the welfare of its reSIdents and for guidance to telecommumcatIOns prOVIders who may deCIde to locate theIr facIlItIes withm the CIty of Yelm, and WHEREAS, Thurston County has adopted a comprehensIve new ordmance relatmg to WIreless commumcatIOn facilItIes, and the City Council has determined that it would be benefiCIal to conSIder adoptmg SImilar proVISIOns to aVOld unnecessary confuSIOn and facilitate coordmation between these two jurisdICtIOns msofar as the CIty Council deems appropriate; NOW, THEREFORE THE COUNCIL OF THE CITY OF YELM ORDAINS THAT TITLE 17 OF THE YELM MUNICIPAL CODE SHALL BE AMENDED TO INCLUDE THE CHAPTER 1700, WIRELESS COMMUNICATION FACILITIES AS FOLLOWS 1 7 00 - 1 Sections: 17 00 010 17 00 020 17 00 030 17 00 040 17 00 050 17 00 060 17 00 070 17 00 080 1 7 00 090 17 00 100 1 7 00 110 1 7 00 120 17 00 130 17 00 140 1700150 17 00 160 17 00 170 1700180 o Chapter 17 WIRELESS COMMUNICATION FACILITIES Purpose DefimtiOns ExemptIons Permitted LocatiOns ProhibIted Locations Approval Authority ApplIcatiOn ReqUIrements ThIrd Party TechnIcal RevIew Co-locatiOn Design Standards for Freestandmg WCFs DesIgn Standards for Attached WCFs DesIgn Standards for WCF Ground Mounted EqUIpment Structures Mamtenance of FacIlitIes Abandonment Radio Frequency Standards Fees SeverabIlIty EffectIve Date and Repealer o 17.00.010 Purpose. The purpose of this chapter IS to A. Manage the locatiOn of Wireless CommumcatiOn FacIlIty (WCF) towers and antennas m the CIty of Yelm, B Protect reSIdentIal areas and other land uses from potentIal adverse Impacts ofWCFs, C MimmIze adverse visual impacts of WCFs through careful desIgn, sitmg, landscape screening, and mnovative camouflagmg technIques, D Accommodate an increased need for WCFs to serve the WIreless commumcations needs of CIty reSIdents, E. Promote and encourage co-locatiOn on freestandmg WCFs as an optIon rather than constructiOn of addItIonal smgle-use WCFs, and reduce the number of such structures needed m the future; F ConSIder the publIc health and safety ofWCFs to the extent permItted by federal law; partIcularly the 1996 Federal CommumcatiOns Act and regulatiOns promulgated by the Federal CommumcatiOns Commission (FCC), and 1 7 00 - 2 o o o A vOld potentIal damage to adjacent propertIes through sound engmeermg practices and the proper sItmg ofWCFs. 17.00.020 Definitions. A. "Abandonment" means to abandon or dIscontmue operatIOn of a Wireless CommunIcatIon FacIlIty B "Antenn.a" means the specific devIce the surface of WhICh IS used to capture an mcommg and/or to transmIt an outgomg radIO frequency or electromagnetic sIgnal. The term mcludes, wIthout lImItatIOn, any system of poles, rods, reflectmg dISCS or sImilar extenor devIces or apparatus used for the transmissIOn or receptIOn of radIO or electromagnetic frequency sIgnals for telephonIc, radio, data, Internet, or televIsIOn communicatIon, whether freestanding or attached to another structure. Antennas mclude the followmg types 1 OmnI-DIrectional (or 'WhIp') Antenna, WhICh receIves and transmIts sIgnals m a 360- degree pattern, and WhICh IS up to 15 feet m heIght and up to 4 mches m dIameter 2. DIrectIOnal (or 'panel') Antenna, WhICh receIves and transmIts sIgnals m a dIrectIOnal pattern typIcally encompassing an arc of 120 degrees or more but less than 360 degrees. 3 ParabolIc (or 'dIsh') Antenna - a bowl shaped device that receIves and transmIts signals m a specIfic dIrectional pattern, o AncIllary Antenna - an antenna that IS less than 12 mches m ItS largest dImenSIOn and that IS not dIrectly used to provIde personal wireless commUnICatIOns services. An example would be a global posItIOnmg satellIte (OPS) antenna. C "Co-locatIon" means the use of a smgle support structure and/or sIte by more than one wIreless commUnICatIOns provIder 4 D "Development RegulatIOns" means the CIty ofYelm Ordmance 555 as now eXIstmg or hereafter amended. E. "EqUIpment Enclosure" means a small structure, shelter, cabmet, or vault used to house and protect the electronIc eqUIpment necessary for processmg wIreless communicatIOns sIgnals. Associated equipment may mclude air condItIOning and emergency generators. F "ReSIdentIal antenna" means an antenna that IS owned, maintained and used by an owner or lessee ofresidentlal or busmess property solely for the reception of televIsIOn serVIces and/or radIO frequency signals. o "Support Structure" means the structure to whIch antennae and other necessary associated hardware are mounted, Support structures mclude but are not limIted to the followmg' Ouyed Tower a support structure, consisting of metal cross stnps or bars, whIch IS steadIed by wire guys m a radial pattern around the tower 2. LattIce Tower a support structure that consists of a network of crossed metal braces, formmg a tower, WhICh IS usually triangular or square m cross-section 3 Monopole a support structure that conSIsts of a single pole sunk mto the ground o 1 7 00 - 3 and/or attached to a foundatIon. EXlstmg NonresIdentIal Structure eXlstmg structures as speCIfied m SectIOn 3 to whIch antennas may be attached whIch conform to the reqUIrements of SectIOn 3 F "CIty" means the CIty of Yelm. 4 G "Wireless CommUnICatIOn faCIlIty (WCF)" means a faCIlIty for the transmISSIOn and/or receptIon of radIO or mIcrowave SIgnals used for commercIal commUnICatIOns, cellular phone, personal commUnICatIOns serVIces, enhanced specialIzed mobIle radIO, and any other wireless services lIcensed by the Federal CommunIcatIon CommISSIOn (FCC) and unlIcensed WIreless serVIces WCFs are eIther "freestandmg" (eqUIpment mounted on a freestandmg support structure) or "attached" (equipment affixed to or erected upon eXIsting buildmgs, water tanks, utIlIty poles or other eXlstmg structures.) Generally WCFs are composed of two or more of the followmg components 1 ) Antenna 2) Support Structure 3) EqUIpment Enclosure 4) SecurIty Barrier The term does not include a reSIdentIal antenna as defined m SectIOn 2 of thIS ordmance, except as otherwIse may be expressly proVIded m thIS ordmance 17.00.030 Exemptions. The following are exempt from the proVISIOns of thIS chapter- A, IndustrIal processmg eqUIpment and SCIentific or medIcal eqUIpment usmg frequencIes regulated by the Federal CommUnICatIOns CommISSIOn (FCC) B Antennas and related eqUIpment that are bemg stored, shIpped, or dIsplayed for sale. C Radar systems for milItary and CIVIlIan commUnICatIon and naVIgatIOn. D WIreless radIO utIlIzed for temporary emergency communicatIOns m the event of a disaster E. LIcensed amateur (ham) radio statIons. F SatellIte dIsh antennas less than two meters III dIameter, mcludmg dIrect to home or busmess satellIte serVIces, when used as an accessory use on a property G Routme mamtenance or repaIr of a WCF and related eqUIpment. H Subject to compliance WIth all other applIcable standards of thIS ordmance, a bUIldmg permIt applIcatIon need not be filed for emergency repaIr or maintenance of a WCF untIl thirty (30) days after the completIon of such emergency actIVIty I. A "Cell on Wheels" (COW) or other temporary WCF for a maximum ofnmety (90) days durmg an emergency declared by the federal, state, or local government. J AM/FM radIO and teleVISIon broadcast faCIlitIes or towers 17 00 - 4 o o o C 17.00.040 Permitted Locations: A. Pnonty LocatIOns Place antennas and towers on publIc property If practIcal. 2. Place antennas on appropriate nghts of way and eXIstmg structures, such as bUIldmgs, towers, water towers and smokestacks. 3 Place antennas and towers m dIstricts zoned Industrial (I) and Industnal/Warehouse (IIW) 4 Place antennas and towers m dIstncts zoned Large Lot Commercial (C-3) and Heavy Commercial (C-2) B Secondary LocatIOns. Place antennas and towers m dIstncts zoned CommercIal (C-l) and Central Busmess District (CBD) 2 Place antennas and towers m dIstncts zoned High-DensIty ResIdentIal (R-14), Moderate- DensIty ResIdentIal (R-6) and Low-DensIty ResidentIal DIstnct (R-4) 17.00.050 Prohibited Locations. A. WCFs are prohibIted on day care center propertIes, properties nnmedIately adjacent to day care centers, pubhc or pnvate schools, properties lllunedIately adjacent to pubhc or pnvate schools, or on CIty rights-of-ways. c B Attached WCFs are prohibIted on smgle or two famIly dwellmgs. WCFs are prohibIted on SItes or structures whIch are on federal, state, or county recogmzed hIstonc regIsters. D WCFs are prohibIted wIthm cntIcal areas and cntIcal area buffers, as defined in Chapter 17 15 Yelm MumcIpal Code (YMC). 17.00.060 Approval Authority. C A. The Approval Authority for freestandmg WCFs m a Pnonty LocatIOn shall be the Site Plan Review CommIttee (SPRC.) B The Approval Authority for freestanding WCFs III a Secondary Location shall be the CIty CounCIl and shall reqUire approval of a Special Use Permit, in accordance with the procedures m Chapters 17 66 C The Approval Authority for attached WCFs IS the SPRC and shall reqUire approval of a Site Plan RevIew PermIt, m accordance wIth the procedures in Chapters 17 84 C The Approval Authonty for co-locatIOn on an eXIstmg WCF or other commumcation tower, mcludmg structural modIficatIOns to the eXIsting tower to accommodate co-locatIOn, is the Plannmg Department and shall require approval of a SIte Plan RevIew Permit, m accordance wIth the procedures m Chapters 17 84 17.00.070 Application Requirements. In addItIon to the apphcatIOn reqUirements m SectIOn 17 84 060, the followmg mformatIOn shall be reqUired. c 1 7 00 - 5 A. For all WCFs, the followmg mformatIOn shall be reqmred, The proposed color(s) of the facIlIty includmg antennas, 2 A statement sIgned by the applIcant and landowner mdIcatmg that: a. For freestandmg WCFs, the applIcant and landowner agree they wIll dIligently negotiate in good faith to facilitate co-location of addItIonal WCFs, by other WCF provIders, on the applIcant's structure; and b For all WCFs, the applIcant and landowner agree to dIsmantle and remove the WCF and restore the SIte wIthm one (I) year after abandonment. 3 Except for a co-locatIOn proposal, eVIdence JustIfymg the need for a WCF m the proposed locatIOn and a WCF of the proposed heIght, includmg at mInImUm, a coverage area map and deSCrIptIOn of the methodology used to reach the heIght and 10catIOnal decIsions. 4 DocumentatIOn that the WCF wIll not cause substantial nOIse or mterference wIth electrIcal, transmISSIOn or reception functIOns or cause sImIlar dIsturbances. 5 If applIcant IS also the WCF provIder, proof that the applIcant IS lIcensed by the FCC, or not reqmred to be lIcensed. 6 If the applIcant IS not the WCF provIder, proof of lease agreements wIth a FCC licensed WCF provIder If such provIder is reqmred to be lIcensed by the FCC o o o Except for a co-location proposal, documentation that there are no co-locatIOn possibIlItIes as an alternatIve to mstallatIOn of the WCF At mmimum, thIS reqmres an assessment of any eXIstmg towers that have the locatIOn, as well as the eXIstmg or potentIal heIght, structural capabilIty and eqmpment structure area, to serve the applIcant's needs, a WrItten request to those tower owners to co-locate on theIr facIlIties, and a good faith effort to work with those tower owners to co-locate. 8 Information IdentIfying the radIO frequencIes to be receIved, transmItted, or relayed from the faCIlIty, and technIcal documentatIOn demonstratmg complIance wIth FCC standards for electromagnetIc field strength m the form of power denSIty expressed as mIcro-watts per square centimeter 7 9 DocumentatIOn that the WCF antenna and support structure are safe and the surroundmg areas wIll not be negatively affected by WCF failure, falling ice, or other debrIs or interference B For freestandmg WCFs, the followmg addItIOnal mformatIOn shall be reqmred. The approxImate dIstance between the WCF and the nearest reSIdentIally zoned property and the nearest property WIth an eXIstmg reSIdence. 2. A statement sIgned by the applIcant statmg the WCF will comply with all Federal AVIatIOn Admmistration (FAA) regulatIOns. A statement sIgned by the applIcant documentmg that the WCF wIll accommodate the co-locatIOn of at least two (2) addItIOnal antennas for future users, or an explanatIOn pfwhy such deSIgn IS not feasible for techmcal or phYSIcal reasons. 3 I 7 00 - 6 c o c DocumentatlOn that adequate securIty measures will be provIded, mcludmg antI- clImbmg devIces. 5 AerIal test photos (e.g., balloon) from all four dIrectIOns off SIte, from close proXImIty to the front and rear of any resIdence on adjacent propertIes, mcludmg across any roadway frontmg the subject property, and from the boundary lIne of any adjacent JurisdIctIOn WIthin two miles of the SIte. 4 6 Method and color of fencmg and, If applIcable, the method of camouflage and illummation. 17.00.080 Third Party Technical Review. The CIty may reqUIre techmcal reVIew by a thIrd party as part of the permIt review process. The selectIOn of the thIrd party expert shall be by mutual agreement by the prOVIder and the CIty The costs of the techmcal reVIew shall be borne by the applIcant. Based on the results of the expert reVIew, the CIty may require changes to the WCF applIcant's submIttal. A thIrd party techmcal reVIew may mclude, but IS not lImIted to, a reVIew of a) the technIcal accuracy and completeness of submisSIOns, b) the techmcal applIcabilIty of analYSIS techniques and methodologies, c) the valIdIty of conclUSIOns reached by the applIcant; and/or d)other speCIfic technical issues as identified by the CIty or CIty CounCIl. 17.00.090 Co-location. To mmlmlze adverse vIsual Impacts assocIated WIth the prolIferatIOn of WCFs, co-location is encouraged. The CIty may deny an applIcatlOn to construct new facilItIes if the applIcant has not made a dIlIgent effort to mount the faCIlItIes on an eXlstmg freestandmg WCF or other communicatIOn tower At a mmlmum, thIS reqUIres an assessment of any existing towers that have the locatIon, as well as the existing or potentIal heIght, structural capabIlIty and eqUIpment structure area, to serve the applIcant's needs, a wrItten request to those tower owners to co-locate on theIr facilItIes, and a good faIth effort to work WIth those tower owners to co-locate. 17.00.100 Design Standards for Freestanding WCFs. A. MaXImum HeIght. lOne hundred fifty (150) feet mcludmg antennas for WCF's located m a PrIOrIty Location or SIXty (60) feet m a Secondary LocatIOn. 2. ModificatIon to the maximum heIght may be granted by the Approval AuthOrIty if the applIcant can show by clear and convmcmg evidence that the addltlOnal height IS necessary to provide adequate serVIce to the reSIdents of the CIty and no other alternative with lesser Impacts IS avaIlable. B Setbacks. The setback shall be measured from the base of the WCF tower to the property lIne of the parcel on which It IS located. One hundred ten (110) percent of tower heIght, mcludmg antennas. 2 A maximum fifty (50) percent reductIOn to the setbacks may be granted by the Approval Authority, m a PriOrIty LocatIOn only, If the WCF IS built to a mInImUm wmd stagnatIOn pressure of 100 miles per hour, and an exposure and gust coeffiCIent factor ofC as lIsted m Tables 16-F and 16-0 of the 1997 Uniform BUIldmg Code, as amended. 1 7 00 - 7 Further reductIOn to a mmlmum setback of fifty (50) feet may be granted by the Approval AuthOrIty, m a PrIOrIty LocatIon only, If the applIcant can demonstrate that WIthout addmg more than mmlmal screenmg the alternate locatIOn IS substantIally screened on all sIdes by eXlstmg vegetatIOn, bUIldmgs or topography, or that such location better preserves VIew corridors for adjacent property owners and the publIc. C Co-locatIOn. All freestandmg WCFs shall be desIgned and constructed to fully accommodate at least two (2) addItIonal WCF prOVIders, mcludmg an area for each co-locator's eqUIpment near the base of the tower, each comparable m SIze to the area reqUIred by the applIcant, unless the applIcant demonstrates why such deSIgn IS not feasible for technical or phYSIcal reasons. 3 o SeparatIon. Freestanding WCFs shall be a mlmmum of fourteen hundred (1400) feet from another freestandmg WCF or other commumcation tower 2 SeparatIOn dIstances shall be measured from tower to tower regardless of property lmes and roadways. 3 The separatIon may be reduced by up to fifty (50) percent under the followmg CIrcumstances. a. Where the proposed freestandmg WCF and an eXlstmg freestandmg WCF or other commumcatIon tower are wlthm a PrIOrIty LocatIOn. Where the proposed freestandmg WCF and an eXlstmg freestandmg WCF or other commumcatlon tower are wlthm substantIally dIfferent VIew comdors as determmed by the Approval AuthOrIty; or b Where It IS clearly demonstrated by the applIcant that from a technIcal standpomt a reduced separatIon IS necessary a. 4 Freestandmg WCFs may be clustered wlthm all mdustrIal dIStrICtS so long as all WCFs wIthm the cluster are more than five hundred (500) feet from reSIdentIal zoning distrIcts and any property WIth an eXIsting residence E. Sitmg and Screenmg. SItmg. Sigmficant vIsual Impacts of a WCF, from the front and rear of any reSIdence on adjacent propertIes and for any residence across the roadway from the WCF, shall be mmlmlzed to the maXImum extent feasible through careful sItmg. 2 Color WCF towers and antennas shall have a non-glare fimsh m a gray, blue, green or other color to blend WIth the surroundmgs or hOrIzon unless a dIfferent color IS reqUIred by the FCC or FAA. The fimsh must be approved by the Approval AuthOrIty 3 Screenmg' a. If the area wlthm fifty (50) feet of the SIte perImeter IS treed such that substantial year-round screenmg of the WCF SIte IS proVIded, as determined by the Approval AuthOrIty. PrIor to the Issuance ofbUIldmg permIts, the 1 7 00 - 8 o o o c. applIcant shall cause an easement sIgned by the property owner to be recorded wIth the County AudItor establIshmg a tree retentIOn buffer A copy of the recorded easement shall be provIded to the Plannmg Department. The buffer shall be a mmImum of fifty (50) feet wIde and shall extend around the perImeter outsIde of the fenced tower SIte, excluding the access pomt. ThIS buffer must extend mto the adjacent property If the tower setback has been reduced such that the buffer WIll not fit entIrely on the subject property The Approval AuthOrIty may reqUIre the buffer area to be enhanced to provide the desIred level of screenmg for the ground level facilitIes. Any tree wIthm the buffer that dIes or IS removed due to dIsease or wmd throw shall be replaced during the next plantmg season WIth a mImmum of two (2) conifer trees a mmimum of SIX (6) feet in height at the tIme of planting. The buffer shall be mamtamed so long as the tower IS located on the SIte. If site is not a treed area. A mmImum twenty (20) foot WIde buffer around the perImeter outside of the fenced site, excludmg the access point, shall be planted WIth sIte-obscurIng com fer trees. The trees shall be planted SIX (6) feet on center m at least three (3) offset rows. The trees shall be a mmImum of six (6) feet m heIght at the tIme of plantmg and shall be mamtamed m a green and growing state so long as the tower IS on the SIte. Plantmg shall occur prior to the tower becommg operatIOnal. The Approval Authority may modIfy the screenmg reqUIrements where eXIstmg structures on SIte, eXIstmg vegetatIOn along the parcel perImeter or topography proVIde adequate screenmg. c b c F SecurIty A mImmum SIX (6) foot hIgh cham lInk fence WIth prIvacy slats and topped WIth three strands of barbed WIre shall be mstalled around the perImeter of the site for public !;lafety and securIty purposes. Alternate methods of fencmg may be approved If a level of publIc safety and securIty simIlar to that provided by the prevIously described fence can be clearly demonstrated. The fence and prIvacy slats shall be a deep green or other color which blends in WIth the surrounding environment. The fence WIll reqUIre a buildmg permIt. Access to the tower shall be through a locked gate. 2. All freestandmg WCFs shall be fitted with antI-clImbmg devices. G Parking/Access. At least one parkmg space, plus adequate turnaround area, shall be provIded. The access road, parkmg and turnaround areas shall have a paved, gravel or other all-weather surface The access road must be a mImmum of ten (10) feet WIde. H. Signals, LIghts and SIgns. No sIgnals, lIghts or SIgns shall be permItted on a WCF unless reqUIred by the FCC or FAA, except that all WCFs shall have a SIgn posted on the access gate with the WCF provIder name, contact phone number and emergency phone number on It. I. Outdoor Storage Outdoor storage of motor vehIcles or materIals associated with the WCF is prohibited outside of the fenced area mstalled pursuant to subsectIOn F above. c 17 00 - 9 J NOise and Interference. WCFs shall not exceed nOise standards as defined m Chapter 173- 60 WAC or cause mterference with electrical, transmiSSIOn or receptIOn functIOns or cause similar disturbances. o 17.00.110 Design Standards for Attached WCFs. A. MaXimum Height. In a Pnonty LocatIOn, twenty-eight (28) feet above the bUlldmg roof or top of structure on which It IS mounted, In a Secondary LocatIOn, ten (10) feet above the bUlldmg roof or top of structure on which It is mounted. B Wall Mounted. If the antenna IS mounted on a wall, it shall be as flush to the wall as techmcally possible. C Architectural CompatibilIty, Screenmg and Camouflagmg. The antenna shall be architecturally compatible with the buildmg and wall on which It IS mounted, and shall be constructed, fimshed, or fully screened to match as closely as possible the color and texture of the bUlldmg and wall. Such facilities will be conSidered architecturally and Visually compatible If they are camouflaged to disgUise the WCF or deSigned to blend with the bUlldmg on which It IS mounted. D EqUipment Structures. Equipment structures mounted on a building roof shall either be hidden from view at ground level off-site or have a fimsh similar to the extenor bUlldmg walls. EqUipment for an attached antenna may also be located within the bUlldmg on which the antenna IS mounted. Signals, Lights, and Signs. No Signals, lights or signs shall be permitted on an attached WCF unless reqUired by the FCC or FAA. Outdoor Storage. Outdoor storage of motor vehicles or matenals associated with the WCF is prohibited. G NOise and Interference. WCFs shall not exceed nOise standards as defined m Chapter 173-60 WAC or cause interference with electrical, transmiSSIOn or reception functIOns or cause similar disturbances. E. o F 17.00.120 Design Standards for WCF Ground Mounted Equipment Structures. A. MaXimum Height. Ten (10) feet. B Fenced Enclosure. EqUipment structures shall be wlthm a fenced enclosure, unless associated with an attached WCF EqUipment structures associated with attached WCFs and located outSide fencmg must meet all buildmg setbacks, screemng and other standards of the underlymg zomng dlstnct and must be deSigned to be architecturally compatible with the bUlldmg near which It is placed. C 17.00.130 Maintenance of Facilities. All WCF facIlities must be mamtamed m a good and safe conditIOn, mcludmg fencing and landscapmg buffers, and m a manner that complies with all applIcable federal, state and local reqUirements. I 7 00 - I 0 o c c c' 17.00.140 Abandonment. A. No less than thIrty (30) days pnor to the date that a WCF provIder plans to abandon or dlscontmue operatIOn of a faclhty, the WCF provIder must notIfy the CIty by certIfied U S mall of the proposed date of abandonment or dlscontmuatIOn of operation. In the event that a WCF proVIder falls to gIve notIce, the facihty shall be consIdered abandoned upon the CIty'S dIscovery of dlscontmuatIOn of operatIOn. Upon such abandonment, the WCF provIder or landowner shall remove the WCF and restore the SIte, or reactIvate the WCF wlthm one (1) year B CIty approval for the WCF shall expIre one (I) year from abandonment or ImmedIately upon removal, whIchever occurs earher 17.00.150 Radio Frequency Standards. A. The apphcant shall comply WIth federal standards for radIO frequency emISSIOns. Withm SIX months after the Issuance of ItS operational permIt, the apphcant shall submit a project ImplementatIOn report whIch provides cumulatIve field measurements of radIO frequency emiSSIOns of all antennas mstalled at the subject SIte and compare the results WIth estabhshed federal standards. Sald report shall be subject to reVIew and approval by the CIty CouncIl for conSIstency WIth federal standards. If on reVIew, the CIty CouncIl finds that the WCF does not meet federal standards, the report shall mclude a recommendatIOn as to whether or not the CIty Council should revoke or modIfy the SIte Plan ReVIew or SpeCial Use Permit. B The apphcant shall ensure that the WCF wIll not cause locahzed mterference WIth the receptIOn of area teleVISIOn or radIO broadcasts. If on review the CIty finds that the WCF interferes WIth such receptIOn, and If such mterference IS not cured wlthm SIXty (60) days, the CIty may revoke or modIfy the SIte Plan ReVIew or SpeCial Use Permit. 17.00.160 Fees. A. Each applicatIOn for new or renewal of a permIt to SIte a WCF shall be accompamed by a fee as follows. $3,50000 for a SIte Plan ReVIew PermIt to SIte m a Prionty LocatIOn plus all consultmg costs required to satisfy reqmrements of thIS ordinance; $2,000 for a Site Plan ReVIew PermIt to Co- Locate at the SIte of an existing proVIder that does not reqmre any addItIOnal support structure or expansIOn of an eXlstmg support structure plus all consultmg costs reqmred to satIsfy reqmrements of this ordinance, $5,000 00 for a SpecIal Use PermIt to SIte m a Secondary LocatIOn plus all consulting costs required to satISfy reqmrements of this ordmance; $3,500 00 for a SpecIal Use PermIt to Co- Locate at the site of an eXIsting prOVIder that does not reqmre any addItional support structure or expanstIOn of an eXlstmg support structure plus all consultmg costs reqmred to satISfy reqmrements of thIS ordmance 17.00.170 Severability. If any prOVIsIOn of thIS ordmance or ItS apphcatIOn to any person, entIty, or CIrcumstance IS held mvahd or unenforceable, the remamder of thIS Ordmance or the apphcatIOn of the proVISIon to other 17 00 - 11 persons, entities or cIrcumstances shall not be affected. 17.00.180 Effective Date and Repealer The CIty CouncIl declares that a pubhc emergency eXIsts and thIS ordmance IS necessary for the protection of pubhc health, safety and welfare and shall be effective Immediately upon ItS publIcatIOn. Upon the effective date of thIS ordmance, Ordmance No 656 (if stIll in effect), whIch estabhshed a moratonum on all telecommUnICatIOn facIhtIes, is repealed. Passed by the CIty Council on thIS day of ,1999 Kathryn M. Wolf Mayor ATTEST Agnes P BennIck Clerk/Treasurer APPROVED AS TO FORM. Sandy Mackie, CIty Attorney, Owens DaVIes MackIe 17 00 - 12 o o o c c c ORDINANCE NO AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, PERTAINING TO TELECOMMUNICATIONS, EST ABLISHING STANDARDS FOR THE GRANTING AND RENEWAL OF TELECOMMUNICATIONS FRANCHISES, PROVIDING FOR THE REGULATION OF USE OF PUBLIC RIGHTS OF WAYS, PROVIDING FOR INSURANCE, BONDING AND CONSTRUCTION STANDARDS FOR TELECOMMUNICA TIONS F ACILITIES LOCATED IN PUBLIC RIGHTS OF WAYS, ESTABLISHING PROCEDURES FOR APPEALS OF ADMINISTRATIVE DECISIONS REGARDING TELECOMMUNICATIONS FACILITIES AND PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE. WHEREAS, pursuant to RCW statutes and other lawful authority, City of Yelm ("City") has the authority to regulate the use of its rights-of-way and other City property, and WHEREAS, based on extensive materials contained in the legislative history files for this ordinance, the Yelm City Council ("Council") finds that an increasing number of telecommunications carriers and cable operators have requested or may request access to and the use of rights-of-way and public property; and to the extent permitted by law, the City finds it is in the public interest to require the obtaining of registration, licenses, franchises, and cable franchises from the persons or entities that use public property and rights-of-way; and WHEREAS, on a Determination of Nonsignificance was issued for the Telecommunications Ordinance, and WHEREAS, to ensure orderly and reasonable access to the rights-of-way and public property for telecommunications carriers and cable operators while protecting the public health, safety and welfare, the City Council determines that it needs to include regulations and standards for the use of such property, NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF YElM, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS' Section 1 The City of Yelm Telecommunications Ordinance is hereby adopted to add new Chapters 1552, 1556,1560, 1564,1568, 1572, 1576, 1580 and 1584 to the City of Yelm Code as set forth below' ORDINANCE - 1 CITY OF YELM TELECOMMUNICATIONS ORDINANCE o CHAPTER 15 52 TELECOMMUNICATIONS Section 1552010 Purpose Section 15 52 020 Definitions Section 15 52 030 Application to Existing Licenses, Franchises or Cable Franchises Section 15 52 040 Application to Existing Telecommunications Carriers and Cable Operators Section 15 52 050 Penalties Section 15 52 060 Other Remedies Section 15 52 070 Administration Section 15 52 080 Severability Section 15 52 090 Relationship to Other Ordinances, Policies Section 15 52 100 Acts at Grantee's Expense Section 1552.010 Purpose. The purpose of this Ordinance is to a Establish a local policy concerning Telecommunications Carriers and Cable Operators, b Establish predictable, enforceable, clear and nondiscriminatory local guidelines, standards and time frames for the exercise of local authority with respect to the regulation of Telecommunications Carriers and Cable Operators, o c Manage the Rights-of-Way in a manner that provides fair and equitable opportunities for competition in telecommunications, d Minimize unnecessary local regulation of Telecommunications Providers and services, e Enable the provision of advanced and competitive Telecommunications Services and Cable Services on the widest possible basis to the businesses, institutions and residents of the City, f Permit and manage reasonable access to the public Rights-of-Way of the City for telecommunications purposes on a competitively neutral basis, g Conserve the limited physical capacity of the public Rights-of-Way held in public trust by the City, h Assure that the City's current and ongoing costs of granting and regulating o ORDINANCE - 2 o o o private access to and use of the public Rights-of-Way and/or public property are fully paid by the Persons seeking such access and causing such costs, Secure fair and reasonable compensation to the City and the residents of the City, in a non-discriminatory manner, for permitting private use of the Rights-of-Way and/or public property, Assure that all Telecommunications Carriers and Cable Operators providing facilities or services within the City comply with the ordinances, rules and regulations of the City, k Assure that the City can continue to fairly and responsibly protect the public health, safety and welfare, and Enable the City to discharge its public trust consistent with rapidly evolving federal and State regulatory policies, industry competition and technological development. Section 15.52.020 Definitions. Terms used in this Ordinance shall have the following meanings "Administrator" means the City of Yelm Chief Administrative Officer or his/her designee "Affiliate" means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another Person "Cable Acts" means the federal Cable Communications Policy Act of 1984, as amended by the federal Cable Television Consumer Protection and Competition Act of 1992, as amended by portions of the federal Telecommunications Act of 1996, and as hereafter amended "Cable Facilities" means the plant, equipment, structures and property within the City used to transmit, receive, distribute, provide or offer Cable Service "Cable Operator" shall have the same meaning as defined in the Cable Acts "Cable Service" shall have the same meaning as defined in the Cable Acts "City" means City of Yelm "Council" means the City Council of the City of Yelm "Director" means the Director of the City of Yelm Public Works Department. ORDINANCE - 3 "Excess Capacity" means the volume or capacity in any exiting or future duct, conduit, manhole, hand hole or other utility facility within the right-of-way that is or will be available for use for additional Telecommunications Facilities o "FCC" or "Federal Communications Commission" means the Federal administrative agency, or lawful successor, authorized to regulate and oversee Telecommunications Carriers, Services and Cable Operators on a national level "Grantee" means Telecommunications Carriers and Cable Operators granted rights and bound by obligations as more fully described herein "Open Video System" means those systems defined and regulated as Open Video Systems by the Federal Communications Commission, pursuant to Section 653 of the federal Communications Act of 1934, as amended, 47 U S C 9573 "Ordinance" means the City of Yelm Telecommunications Ordinance, Chapters 1552,1556,1560,1564,1568,1572,1576, 1580and 15840ftheCityofYelm Municipal Code "Overhead Facilities" means Telecommunications Facilities and Cable Facilities located above the surface of the ground, including the underground supports and foundations for such facilities "Person" means corporations, companies, associations, firms, partnerships, limited liability companies, other entities and individuals o "Rights-of-Way" includes the surface of and space above and below any property in the City in which the City has any interest whether in fee, easements or otherwise, or interest as a trustee for the public, as they now or hereafter exist, including, but not limited to, all public streets, highways, avenues, roads, reservoirs, alleys, sidewalks, tunnels, viaducts, bridges, skyways, parks, trails, or any other public place, area or property under the control of the City "Service Connection" means a connection made to a Telecommunications Facility or Cable Facility for the purpose of providing Telecommunications Services or Cable Services "Service Repair" means a repair made to a Service Connection "State" means the State of Washington "Surplus Space" means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Washington Utilities and Transportation Commission, to allow its use by a Telecommunications Carrier for a pole attachment. 0 ORDINANCE - 4 o o o "Telecommunications Carrier" for purposes of this Ordinance includes every Person that directly or indirectly owns, controls, operates or manages plant, equipment, structures or property within the City, used or to be used for the purpose of offering Telecommunications Service Provided, however, this does not include lessees that solely lease capacity or bandwidth (and do not own Telecommunications Facilities within the unincorporated areas of the City) "Telecommunications Facilities" means the plant, equipment, structures and property within the City used to transmit, receive, distribute, provide or offer Telecommunications Service "Telecommunications Service" means the providing or offering for rent, sale or lease, or in exchange for other value received, the transmittal of voice, data, image, graphic or video programming information or service(s) between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium, provided, however, for purposes of this Ordinance, Cable Service shall not be considered a Telecommunications Service "Underground Facilities" means Telecommunications and Cable Facilities located under the surface of the ground, alone or in combination, direct buried or in utility tunnels or conduits, excluding the underground foundations or supports for Overhead Facilities "Usable Space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Washington Utilities and Transportation Commission "Utility Facilities" means the plant, equipment and property including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within Rights-of-Way and used or to be used for the purpose of providing Utility or Telecommunications Services "Utility Right-of-Way Work Class A" is the classification of utility permit with the following criteria' trenching 25 If or less of right-of-way, making an initial cut of 4 sf or less of pavement, no breaking of any curb or sidewalk, installing 5 or fewer new utility poles. "Utility Right-of-Way Work Class B" is the classification of utility permit with the following criteria. trenching between 25 and 100 If of right-of-way, making an initial cut of between 4 and 15 sf of pavement, removing 2 or fewer panels of PCC sidewalk and associated curb and gutter, installing more than 5 new utility poles, replacing any utility poles ORDINANCE - 5 "Utility Right-of-Way Work Class C" is the classification of utility permit with the following. criteria' trenching 100 If or more of right-of-way, making an initial cut of 15 sf or more of pavement, removing more than 2 panels of PCC sidewalk and associated curb and gutter, constructing any CRP related work, attaching any utility to a bridge structure. o "Washington Utilities and Transportation Commission" or "WUTC" means the State administrative agency, or lawful successor, authorized to regulate and oversee Telecommunications Carriers and Telecommunications Services in the State of Washington to the extent prescribed by law "YMC" means the Yelm Municipal Code Section 15.52.030 Application to Existin~ Licenses. Franchises or Cable Franchises. Except as otherwise provided in this Ordinance, and to the extent provided by law, this Ordinance shall have no effect on any license, franchise or cable franchise existing as of the date of adoption of this Ordinance until a The expiration of said license, franchise or cable franchise, or b An amendment to an unexpired license, franchise or cable franchise, unless both parties agree to defer full compliance to a specific date not later than the present expiration date o Section 15 52.040 Application to Existin~ Telecommunications Carriers and Cable Operators. Notwithstanding the foregoing, the requirements of this Ordinance shall apply to any Telecommunications Carrier or Cable Operator who currently occupies Rights-of-Way without a license, franchise, cable franchise or other agreement with the City Any such Telecommunications Carrier or Cable Operator shall register or apply for a license, franchise or cable franchise as provided by this Ordinance within 120 days of the effective date of this Ordinance This Ordinance shall not apply to lessees that solely lease capacity or bandwidth (and do not own Telecommunications Facilities within the City) so long as the lessor has complied with the requirements of this Ordinance Section 15 52.050 Penalties a Any Person found violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Ordinance shall be guilty of a gross misdemeanor Upon conviction any Person violating any provision Of this Ordinance shall be subject to a fine of up to five thousand dollars ($5,000 00) or by imprisonment for a period of up to one year, or both such fine and imprisonment. A separate and distinct violation shall be deemed committed each day on which a violation occurs or continues b Civil Infractions The violation of any provision of this Ordinance is o ORDINANCE - 6 o o o designated as a Class 1 Civil Infraction pursuant to Chapter 780 RCW Section 15 52 060 Other Remedies Nothing in this Ordinance shall be construed as limiting any other remedies that the City may have, at law or in equity, for enforcement of this Ordinance Notwithstanding the existence or use of any other remedy, the Prosecuting Attorney's office may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of this Ordinance or other regulations herein adopted Section 15.52.070 Administration The Administrator is authorized to administer this Ordinance and to establish further rules, regulations and procedures for the implementation of this Ordinance Section 1552.080 Severabilitv. a If any Section, subsection, sentence, clause, phrase, or other portion of this Ordinance, or its application to any Person is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof b If it should appear that any provision of this Ordinance is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provision Section 15.52.090 Relationship to Other Ordinances. Policies a In addition to the provisions of this Ordinance, Chapter 1548, YMC, Development Guidelines, City of Yelm, shall apply to any Telecommunications Carrier and Cable Operator who desires to construct, install, operate, maintain, repair or otherwise locate Telecommunications Facilities or Cable Facilities on City Rights-of-Way In the event of a conflict between this Ordinance and the Development Guidelines, the Telecommunications Ordinance shall control b In addition to the provisions of this Ordinance, any wireless communication facilities, as defined by YMC Chapter 17 00, shall be subject to applicable zoning regulations and permitting requirements as established by Chapters , and other pertinent City of Yelm Code provisions d Nothing herein shall limit or otherwise affect the authority of the City to require a lease for any use, occupation, construction, installation, maintenance or location upon any property owned in fee by the City ORDINANCE - 7 Section 15.52.100 Acts at Grantee's Expense Any act that a Grantee is or may be required to perform under this Ordinance, a license, franchise, cable franchise or applicable law shall be performed at the Grantee's expense o CHAPTER 15 56 TELECOMMUNICATION ORDINANCE REGISTRATION Section 1556010 Registration Required Section 1556020 Purpose of Registration Section 15 56 030 Exception to Registration Section 15.56.010 Reaistration Reauired Except as provided in Section 1364030, all Telecommunications Carriers having Telecommunications Facilities and all Cable Operators within the unincorporated areas of the City, in whole or in part, shall register with the City hereunder on forms provided by the Administrator which shall include the following a The identity and legal status of the registrant. b The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement. c A description of registrant's existing or proposed Telecommunications Facilities within the City o d A description of the Telecommunications Service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the City e Information sufficient for the City to determine whether the registrant is subject to licensing or franchising under this Ordinance f Information sufficient for the City to determine whether the transmission, origination or receipt of the Telecommunications Services provided or to be provided by the registrant constitutes an occupation or privilege subject to any City tax, permit, license or franchise fee g A statement from the applicant documenting that they have complied with all WUTC registration and related filings requirements h A statement from the applicant documenting that any permit, operating license or other right or approvals required by the Federal Communications Commission to provide Telecommunications Services or Facilities has been received and is currently in effect. o ORDINANCE - 8 o o o Such other information as the City may reasonably require Should any of the registration information provided under this Section change after submittal to the City, the registrant shall notify the City and provide revised information within 30 days of such change Section 15 56.020 Purpose of Reaistration The purpose of registration is to a Provide the City with accurate and current information concerning the Telecommunications Carriers and Cable Operators who own or operate Telecommunications Facilities or Cable Facilities, b Assist the City in enforcement of this Ordinance, and c Assist the City in the collection and enforcement of any City taxes, franchise fees, license fees or charges that may be due to the City Section 15.56.030 Exception to Reaistration. a A Person which provides Telecommunications Services solely to itself, its Affiliates or members between points in the same building, or between closely located buildings under common ownership or control, provided that such Person does not use or occupy any Rights-of-Way of the City or other ways within the City, is excepted from the registration requirements pursuant to this Ordinance b Telecommunications Carriers and Cable Operators who obtain a license, franchise, or cable franchise under this Ordinance c As provided in Section 1360030, any Telecommunications Carrier or Cable Operator with a license, franchise, or cable franchise existing as of the date of adoption of this Ordinance , CHAPTER 1560 TELECOMMUNICATION ORDINANCE LICENSES Section 15 60 010 License Section 15 60 020 License Application Section 15 60 030 Determination by the City Section 15 60 040 Agreement Section 15 60 050 Nonexclusive License Section 15 60 060 Use Granted Section 15 60 070 Term of License Section 15 60 080 License Route Section 15 60 090 Construction Permits Section 15 60 100 Service to City Users Section 15 60 110 Amendment of License ORDINANCE - 9 Section 15 60 120 Renewal Applications Section 15 60 130 Renewal Determinations Section 1560 140 Obligation to Cure as a Condition of Renewal o Section 15.60.010 License. To the extent permitted by law, a license shall be required of any Telecommunications Carrier who currently occupies or desires in the future to occupy any Rights-of-Way with any Telecommunications Facilities for the purpose of providing Telecommunications Services exclusively to Persons or areas outside the City Section 15.60.020 License Application. Any Person that desires a license hereunder shall file an application on a form provided by the Administrator Section 15.60.030 Determination bv the Citv. Within 90 days after receiving a complete application hereunder, the Board shall make a determination on behalf of the City granting or denying the application in whole or in part. If the application is denied, the determination shall include the reasons for denial The following criteria shall apply when determining whether to grant or deny the application a The financial and technical ability of the applicant to fulfill its obligations under a license b The legal status of the applicant. o c The capacity of the Rights-of-Way to accommodate the applicant's facilities d The capacity of the Rights-of-Way to accommodate additional Telecommunications Facilities and Cable Facilities if the application is granted e The damage or disruption, if any, to public or private facilities, improvements, services, travel or landscaping if the application is granted, giving consideration to an applicant's willingness and ability to mitigate and/or repair same f The public interest in minimizing the cost and disruption of construction within the Rights-of-Way g The service that applicant will provide to the region h The effect, if any, on general public health, safety and welfare in the City's sole opinion if the application is granted The availability of alternate routes or locations for the proposed facilities 0 ORDINANCE - 10 c c c Applicable federal, State and local laws, regulations, rules and policies k Such other factors as may demonstrate that the grant to use the Rights-of- Way will serve the community interest. Section 1560.040 Aareement. No license granted hereunder shall be effective until the applicant and the Council have executed a written agreement setting forth the particular items and provisions under which the license to occupy and use Rights-of-Way will be granted All licenses granted pursuant to this Ordinance shall contain substantially similar terms which, taken as a whole and considering relevant characteristics of applicants, do not provide more or less favorable terms and conditions than those required of other licensees Section 1560050 Nonexclusive License No license granted hereunder shall confer any exclusive right, privilege or license to occupy or use the Rights-of-Way for delivery of Telecommunications Services or any other purposes Section 15 60.060 Use Granted. a No license granted hereunder shall convey any right, title or interest in Rights-of-Way but shall be deemed a license only to use and occupy the Rights-of-Way for the limited purposes and term stated in the grant b No license granted hereunder shall authorize or excuse a licensee from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use Rights-of-Way c No license granted hereunder shall be construed as any warranty of title Section 15.60.070 Term of License Unless otherwise specified in a license agreement, a license granted hereunder shall be in effect for a term of not more than five (5) years Section 15.60.080 License Route. A license granted hereunder shall be limited to a grant of specific Rights-of-Way and defined portions thereof, as may be indicated in the license agreement. Section 15 60.090 Construction Permits All licensees are required to obtain construction permits and pay all fees as required by the City, provided, however, that nothing in this Ordinance shall prohibit the City and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, and further provided that such alternative procedures provide substantially equivalent safeguards for reasonable construction practices Section 15 60.100 Service to City Users A licensee may be permitted to offer ORDINANCE - 11 or provide Telecommunications Services or Cable Services to Persons or areas within 0 the City upon submitting an application for franchise approval and upon obtaining a franchise pursuant to this Ordinance Section 15 60 110 Amendment of License. a The licensee shall apply for an amendment to an existing license when it desires to extend or locate its Telecommunications Facilities in Rights-of- Way which are not included in a license previously granted hereunder or when it provides services beyond those authorized in the license b The City shall grant a license amendment without further application, if the City orders a Telecommunications Carrier to locate or relocate its Telecommunications Facilities in Rights-of-Way not included in a previously granted license Section 15.60.120 Renewal Applications. A licensee that desires to renew its license hereunder shall, not more than 180 days nor less than 90 days before expiration of the current license, file an application with the City for renewal of its license which shall include the following information a The applicable information required pursuant to the license application b Any other information required by the City o Section 15.60.130 Renewal Determinations. Within 90 days after receiving a complete application hereunder, the Council shall make a determination on behalf of the City granting or denying the renewal application in whole or in part. If the renewal application is denied, the determination shall include the reasons for non-renewal The criteria enumerated in Section 13 68 030 shall apply when determining whether to grant or deny the application, and may further consider the applicant's compliance with the requirements of this Ordinance and the license agreement. Section 1560.140 Obliaation to Cure As a Condition of Renewal. No license shall be renewed until any ongoing violations or defaults in the licensee's performance of the license agreement, of the requirements of this Ordinance, and all applicable laws, statutes, codes, ordinances, rules and regulations have been cured, or a plan detailing the corrective action to be taken by the licensee has been approved by the Administrator Failure to comply with the terms of an approved plan shall be grounds for non-renewal or revocation of the license CHAPTER 15 64 TELECOMMUNICATIONS ORDINANCE FRANCHISES Section 15 64 010 Franchise o ORDINANCE - 12 o c (\ G " ~ ,,, , ': ,( II ,'I Section 15 64 020 Franchise Application Section 15 64 030 Determination by the City Section 15 64 040 Agreement Section 15 64 050 Nonexclusive Franchise Section 15 64 060 Use Granted Section 1564070 Term of Franchise Section 1564080 Franchise Territory Section 15 64 090 Construction Permits Section 15 64 100 Nondiscrimination Section 1564 110 Amendment of Franchise Section 15 64 120 Renewal Applications Section 15 64 130 Renewal Determinations Section 1564 140 Obligation to Cure As a Condition of Renewal Section 1564.010 Franchise To the extent permitted by law, a franchise shall be required of any Telecommunications Carrier who currently occupies or desires in the future to occupy Rights-of-Way and to provide Telecommunications Services to any Person or area in the City Section 15.64.020 Franchise Application Any Person that desires a franchise hereunder shall file an application provided on a form by the Administrator Sectio!115.64.030 Determination bv the Citv. Within 120 days after receiving a complete application hereunder, the Council shall make a determination granting or denying the application in whole or in part. If the application is denied, the determination shall include the reasons for denial The criteria enumerated in Section 13 68 030 shall apply when determining whether to grant or deny the application If an existing franchisee is required by the WUTC to provide service to anyone requesting it within the service area, the determination by the City to deny the application is not applicable Section 15 64.040 Agreement. No franchise shall be granted hereunder unless the applicant and the Board have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and use Rights-of- Way will be granted All franchises granted pursuant to this Ordinance shall contain substantially similar terms and conditions which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other franchisees Section 15.64.050 Nonexclusive Franchise No franchise granted hereunder shall confer any exclusive right, privilege or franchise to occupy or use the Rights-of- Way for delivery of Telecommunications Services or any other purposes Section 15.64.060 Use Granted. ORDINANCE - 13 a No franchise granted hereunder shall convey any right, title or interest in the Rights-of-Way but shall be deemed a franchise only to use and occupy the Rights-of-Way for the limited purposes and term stated in the grant. o b No franchise granted hereunder shall authorize or excuse a franchisee from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use Rights-of-Way c No franchise granted hereunder shall be construed as any warranty of title Section 15.64 070 Term of Franchise. Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be valid for a.term of not more than ten (10) years Section 15.64.080 Franchise Territorv. A telecommunications franchise granted hereunder may be limited to the specific geographic area of the City to be served by the franchisee, and the specific Rights-of-Way and portions thereof, as may be identified in the franchise agreement. Section 15.64.090 Construction Permits All franchisees are required to obtain permits and pay all fees for Telecommunications Facilities and Cable Facilities as required by the City, provided, however, that nothing in this Ordinance shall prohibit the City and a franchisee from agreeing to alternative plan review, permit and construction 0 procedures in a franchise agreement, and further provided that such alternative procedures provide substantially equivalent safeguards for responsible construction practices Section 1564100 Nondiscrimination A franchisee shall make its Telecommunications Services available to any customer within its franchise area who shall request such service, without discrimination, except as permitted by law, as to the terms, conditions, rates or charges for franchisee's services, provided, however, that nothing in this Ordinance shall prohibit a franchisee from making any reasonable classifications among differently situated customers Section 1564.110 Amendment of Franchise a The franchisee shall apply for an amendment to an existing franchise when a Telecommunications Carrier desires to extend its franchise territory or to locate its Telecommunications Facilities in Rights-of-Way which are not included in a franchise previously granted hereunder or when it desires to offer services beyond those authorized in the franchise b The City shall grant a franchise amendment without further application if the City orders a Telecommunications Carrier to locate or relocate its Telecommunications Facilities in Rights-of-Way not included in a o ORDINANCE - 14 c c c previously granted franchise Section 15 64 120 Renewal Applications A franchisee that desires to renew its franchise hereunder shall, not more than 180 days nor less than 120 days before expiration of the current franchise, file an application with the City for renewal of its franchise which shall include the following information a The applicable information required pursuant to the franchise application b Any other information required by the City Section 1564.130 Renewal Determinations. Within 120 days after receiving a complete application hereunder, the Council shall make a determination on behalf of the City granting or denying the renewal application in whole or in part. If the renewal application is denied, the determination shall include the reasons for non-renewal The criteria enumerated in Section 13 68 030 shall apply when determining whether to grant or deny the application, and may further consider the applicant's compliance with the requirements of this Ordinance and the franchise agreement. Section 15.64.140 Obliaation to Cure As a Condition of Renewal No franchise shall be renewed until any ongoing violations or defaults in the franchisee's obligations under the franchise agreement, the requirements of this Ordinance, and all applicable laws, statutes, codes, ordinances, rules and regulations have been cured, or a plan detailing the corrective action to be taken by the franchisee has been approved by the Administrator Failure to comply with the terms of an approved plan shall be grounds for non-renewal or immediate revocation of the franchise CHAPTER 15.68 CABLE FRANCHISES Section 15 68 010 Grant of Cable Franchise Section 15 68 020 Cable Franchise Required Section 15 68 030 Length of Cable Franchise Section 15 68 040 Use Granted Section 15 68 050 Cable Franchisee Subject to Other Laws, Police Powers Section 1568060 Interpretation of Cable Franchise Terms Section 15 68 070 Operation of a Cable System Without a Cable Franchise Section 15 68 080 Eminent Domain Section 15.68.010 Grant of Cable Franchise. The Board may grant one or more cable television franchises containing such provisions as are reasonably necessary to protect the public interest, and each such cable franchise shall be awarded in accordance with and subject to the provisions of this Ordinance This Ordinance may be amended from time to time, and in no event shall this Ordinance be considered a contract between the City and a cable franchisee such that the City would be prohibited ORDINANCE - 15 from amending any provision hereof, provided no such amendment shall in any way 0 impair any contract right or increase obligations of a cable franchisee under an outstanding and effective cable franchise, except in the lawful exercise of the City's police power Section 1568.020 Cable Franchise Reauired. No Person may construct, operate or maintain a cable system or provide Cable Service over a cable system within the City without a cable franchise granted by the Council authorizing such activity No Person may be granted a cable franchise without having entered into a cable franchise agreement with the Council pursuant to this Ordinance For the purpose of this provision, the operation of part or all of a cable system within the City means the use or occupancy of Rights-of-Way by facilities used to provide Cable Service To the extent permitted by law, a system used to provide telephone service also used to provide Cable Service shall be subject to this Ordinance and shall also require a Cable franchise Services similar to Cable Service, such as Open Video Systems, shall also be subject to this Ordinance, and subject to substantially similar terms and conditions as those contained in franchise agreement(s) issued to Cable Operator(s) in the City with respect to franchise fee obligations, public, educational, and governmental access programming obligations, and all other franchise obligations to the extent provided by law Conversion of a cable system to an Open Video System in accordance with applicable FCC regulations shall not alter or in any way limit enforceability of the franchise agreement authorizing the operation of such system A system shall not be deemed as operating within the City even though service is offered or rendered to one or more subscribers within the City, if no Right-of-Way is used or occupied All cable franchises granted 0 pursuant to this Ordinance shall contain substantially similar terms and conditions, which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other cable franchisees Section 15.68.030 Lenath of Cable Franchise Unless otherwise specified in a cable franchise, no cable franchise shall be granted for a period of more than ten (10) years Section 15 68.040 Use Granted. a A cable franchise authorizes use of Rights-of-Way for installing, operating and maintaining cables, wires, lines, optical fiber, underground conduit and other devices necessary and appurtenant to the operation of a cable system to provide Cable Services within the City, but does not expressly or implicitly authorize a cable franchisee to provide service to, or install a cable system on private property without owner consent, or to use publicly or privately owned poles, ducts or conduits without a separate agreement with the owners to the extent provided by law b A cable franchise shall not mean or include any exclusive right for the privilege of transacting and carrying on a business within the City as o ORDINANCE - 16 c c c generally required by the ordinances and laws of the City A cable franchise shall not confer any authority to provide Telecommunications Services or any other communications services besides Cable Services, and to the extent permitted by law, a separate franchise shall be required for the provision of Telecommunications Services in addition to the cable franchise A cable franchise shall not confer any implicit rights other than those mandated by federal, State or local law c A cable franchise is nonexclusive and will not explicitly or implicitly preclude the issuance of other cable franchises to operate cable systems within the City, affect the City's right to authorize use of Rights-of-Way by other Persons to operate cable systems or for other purposes as it determines appropriate, or affect the City's right to itself construct, operate or maintain a cable system, with or without a cable franchise d Once a cable franchise has been accepted and executed by the City and a cable franchisee, such cable franchise shall constitute a valid and enforceable agreement between the cable franchisee and the City, and the terms, conditions and provisions of such cable franchise, subject to this Ordinance and all other duly enacted and applicable laws and regulations, shall define the rights and obligations of the cable franchisee and the City relating to the cable franchise e All privileges prescribed by a cable franchise shall be subordinate to any prior lawful occupancy of the Rights-of-Way and the City reserves the right to reasonably designate where a cable franchisee's facilities are to be placed within the Rights-of-Way through its generally applicable permit procedures f A cable franchise shall be a privilege that is in the public trust and personal to the original cable franchisee No cable franchise transfer shall occur without the prior written consent of the Council upon application made by the cable franchisee pursuant to this Ordinance, the cable franchise, and applicable law, which consent shall not be unreasonably withheld, and any purported cable franchise transfer made without application and prior written consent shall be void and shall be cause for the City to revoke the cable franchise Section 15 68.050 Cable Franchisee Subiect to Other Laws. Police Powers. a A cable franchisee shall at all times be subject to and shall comply with all applicable federal, State and local laws and regulations, including this Ordinance A cable franchisee shall at all times be subject to all lawful exercise of the police power of the City including, but not limited to, all rights the City may have under the Cable Acts, all powers regarding zoning, supervision of construction, control of Rights-of-Way and ORDINANCE - '17 consumer protection o b The City shall have full authority to regulate cable systems, cable franchisees and cable franchises as may now or hereafter be lawfully permissible Section 15 68.060 Interpretation of Cable Franchise Terms a In the event of a conflict between this Ordinance and a cable franchise, the provisions of the cable franchise shall control b The provisions of this Ordinance and a cable franchise will be liberally construed in accordance with generally accepted rules of construction to promote the public interest. - Section 15.68.070 Operation of a Cable System Without a Cable Franchise Any Person who occupies Rights-of-Way for the purpose of operating or constructing a cable system or provides Cable Service over a cable system and who does not hold a valid cable franchise from the Council shall be subject to all requirements of this Ordinance Section 15.68080 Eminent Domain Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the City's power of eminent domain 0 CHAPTER 15 72 CONDITIONS FOR USE OF RIGHTS-OF-WAY Section 15 72 005 Applicability Section 1572010 General Duties Section 15 72 020 Interference with the Rights-of-Way Section 15 72 030 Damage to Property Section 15 72 040 Notice of Work Section 15 72 050 Repair and Emergency Work Section 1572 060 Maintenance of Facilities Section 15 72 070 Relocation or Removal of Facilities Section 15 72 080 Removal of Unauthorized Facilities Section 1572 090 Failure to Relocate Section 1572 100 Emergency Removal or Relocation of Facilities Section 1572 110 Damage to Grantee's Facilities Section 1572 120 Restoration of Rights-of-Way Section 15 72 130 Facilities Maps Section 1572 140 Duty to Provide Information Section 15 72 150 Grantee Insurance Section 15 72 160 Release, Indemnity and Hold Harmless Section 15 72 170 Security Fund o ORDINANCE - 18 c c c Section 15 72 180 Construction and Completion Bond Section 15 72 190 Acts at Grantee's Expense Section 1572200 Coordination of Construction Activities Section 1572210 Assignments or Transfers Section 15 72 220 Transactions Affecting Control Section 15 72 230 Revocation or Termination Section 15 72 240 Notice and Duty to Cure Section 1572250 Hearing Section 15 72 260 Standards for Revocation or Lesser Sanctions Section 1572.005 Applicability. The terms of this Chapter 15 72 and Chapter 1548, Development Guidelines, City of Yelm shall apply to all Grantees Section 15.72.010 General Duties a All Grantees, before commencing any construction in the Rights-of-Way, shall comply with all requirements of the City of Yelm Municipal Code or other ordinances of the City b All Grantees shall have no ownership rights in Rights-of-Way, even though they may be granted a license, franchise or cable franchise to construct or operate their facilities Section 15.72.020 Interference with the Riahts-of-Way. No Grantee may locate or maintain its Telecommunications Facilities so as to unreasonably interfere with the use of the Rights-of-Way by the City, by the general public or other Persons authorized to use or be present in or upon the Rights-of-Way All such facilities shall be moved by and at the expense of the Grantee, temporarily or permanently, as determined by the City Section 15.72.030 Damaae to Property. No Grantee or any Person acting on a Grantee's behalf shall take any action or permit any action to be done which may impair or damage any Rights-of-Way, or other property located in, on or adjacent thereto except in accordance with 15 72 120 Section 15 72.040 Notice of Work. Unless otherwise provided in a license or franchise agreement, no Grantee, or any Person acting on the Grantee's behalf, shall commence any non-emergency work involving undergrounding, excavation or obstructing in or about the Rights-of-Way without five (5) working days advance written notice to the City Any private property owner whose property will be affected by a Grantee's work shall be afforded the same notice Section 15 72.050 Repair and Emeraency Work. In the event of an unexpected repair or emergency, a Grantee may commence such repair and emergency response work as required under the circumstances, provided the Grantee shall notify the City Public Works Director as promptly as possible, before such repair or ORDINANCE - 19 emergency work or as soon thereafter as possible if advance notice is not practicable 0 Section 15 72.060 Maintenance of Facilities Each Grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements Section 15.72.070 Relocation or Removal of Facilities. Within sixty (60) days (or a longer period if mutually agreed upon by the Grantee and Administrator) following written notice from the City, a Grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Telecommunications Facilities within the Rights-of-Way whenever the City Administrator or designee shall have determined that such removal, relocation, change or alteration is reasonably necessary for' 1 The construction, repair, maintenance or installation of any City or other public improvement in or upon the Rights-of-Way 2 The operations of the City or other governmental entity in or upon the Rights-of-Way 3 The vacation of a public street or the release of a utility easement Section 15.72.080 Removal of Unauthorized Facilities. o a In its discretion, the Administrator at any time may; require any Person who owns, controls or maintains any unauthorized Telecommunications Facility or Cable Facility or related appurtenances within the Rights-of-Way to 1 Apply for a license, franchise or cable franchise within thirty (30) days of receipt of written notice from the City to such Person that such a license, franchise or cable franchise is required, or 2 Require such Person to remove its facilities and restore the affected area within ninety (90) days to a condition satisfactory to the City, or 3 Direct City Personnel to remove the facilities and restore the affected area to a condition satisfactory to the City and charge the Person the costs therefor, including by placing a lien on the Person's property, or 4 Take any other action authorized by applicable law b A Telecommunications Facility or Cable Facility is unauthorized and subject to removal in the following circumstances 1 Upon expiration or termination of the Grantee's license, franchise or cable franchise unless otherwise provided by law Upon abandonment of a facility within the Rights-of-Way In o 2 ORDINANCE - 20 c c f' .f 3 certain situations facilities may be required to be abandoned in place for the preservation of the rights of way In this case, the facilities would not be subject to removal If the facility was constructed or installed without the prior issuance of a required encroachment, utility or other permit. If the facility was constructed or installed at a location not permitted by the Grantee's license, franchise or cable franchise To the extent permitted by law, any such other reasonable circumstances affecting public health, safety and welfare deemed necessary by the Administrator 4 5 c Notwithstanding any other provision of this Section, the Administrator may, in its sole discretion, allow a Grantee or other Person who may own, control or maintain Telecommunications Facilities or Cable Facilities within the Rights-of-Way of City of Yelm to abandon such facilities in place No facilities of any type may be abandoned in place without the express written consent of the Administrator Any plan for abandonment or removal of such facilities must be first approved by the Administrator and all necessary permits must be obtained prior to commencement of such work. Upon permanent abandonment of any Telecommunications Facilities or Cable Facilities of such Persons in place, the facilities shall become the property of the City, and such Persons shall submit to the Administrator an instrument in writing, to be approved by the Prosecuting Attorney's Office, transferring ownership of such facilities to the City The provisions of this Section shall survive the expiration, revocation or termination of any license, franchise or cable franchise granted under this Ordinance Section 15.72.090 Failure to Relocate. If a grantee is required to relocate, change or alter the Telecommunications Facilities hereunder and fails to do so, the City may cause such to occur and charge the Grantee for the costs incurred Section 15.72.100 Emeraency Removal or Relocation of Facilities The City retains the right and privilege to cut or move any Telecommunications Facilities located within the Rights-of-Way as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency Section 15.72.110 Damaae to Grantee's Facilities. Unless directly and proximately caused by the willful, intentional or malicious acts of the City, the City shall not be liable for any damage to or loss of any Telecommunications Facility within the Rights-of-Way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the Rights-of-Way by or on behalf of the City State law requires that all utilities contact the utility underground locate service 48 hours prior to start of construction. c ORDINANCE - 21 Section 15.72.120 Restoration of Riahts-of-Wav. Restoration shall comply 0 with the following a When a Grantee, or any Person acting on its behalf, does any work in or affecting any Rights-of-Way, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to the same condition which existed before the work was undertaken As used in this section, "promptly" shall mean as required by the City's Public Works Director in the reasonable exercise of the Director's discretion b If weather or other conditions do not permit the complete restoration required hereunder, the Grantee shall temporarily restore the affected ways or property Such temporary restoration shall be at the Grantee's sole expense and the grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration c A Grantee or other Person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any Person, vehicle or property by reason of such work in or affecting such Rights-of-Way o Section 1572.130 Facilities Maps. Upon request by the Director, the Grantee shall provide the City with maps in a format agreed to by the Grantee and the City, identifying the location of all Telecommunications Facilities and Cable Facilities within the Rights-of-Way except individual Service Connections Section 15.72.140 Duty to Provide Information Within ten (10) days of a written request from the Administrator, each Grantee shall furnish the Administrator with information reasonably necessary to fulfill purposes of this Ordinance and sufficient to demonstrate a That Grantee has complied with all requirements of this Ordinance b That all taxes and fees due the City in connection with the Telecommunications Services and Telecommunications Facilities or Cable Services and Cable Facilities provided by the Grantee have been properly collected and paid by the Grantee c That all books, records, maps and other documents maintained by the Grantee with respect to its facilities within the Rights-of-Way have been made available for inspection by the Administrator and the Director at o ORDINANCE - 22 c c c . l ~ ;I.' ,I...~ reasonable times and intervals Section 15.72 150 Grantee Insurance Unless otherwise provided by a license, franchise, or cable franchise, before commencing construction in the Rights-of- Way, each Grantee shall secure and maintain the following liability insurance policies a Commercial General Liability insurance, and if necessary, Umbrella Liability insurance, which will cover bodily injury, property damage, and any other exposure which can be reasonably identified as potentially arising from the Grantees activities within the Rights-of-Way The limit of liability shall not be less than two million dollars ($2,000,000) each occurrence The City, its elected and appointed officers, officials, employees, agents, and representatives shall be named as additional insureds with respect to activities occurring within its Rights-of-Way Coverage shall be comprehensive with respect to the Grantee's activities within the Rights-of Way and shall include completed operations, explosions, collapse, and underground hazards b Business Automobile Liability insurance for owned, non-owned and hired vehicles with limits of not less than two million dollars ($2,000,000) per person, three million dollars ($3,000,000) per accident c Workers' Compensation insurance as required by Title 51, RCWand Employers Liability Coverage with a limit of not less than one million dollars ($1,000,000) per occurrence d The insurance policies required by this section shall be maintained at all times by the Grantee Each liability policy shall be endorsed to require the insurer to notify the City at least 45 days before the policy can be canceled by either party, and to require notice of cancellation due to non- payment of premium to be mailed to the Administrator as well as the named insured The Grantee will be obligated to replace or renew the canceled or expiring policy and show proof in the form of a certificate of insurance, at least 20 days before the expiration or cancellation of the existing policy(s) e The Grantee shall furnish the City with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this Section The certificate will, at a minimum, list limits of liability, coverage, and all exclusions f The Grantee or its agent will provide a copy of any and all insurance policies specified in this Ordinance upon request of the Administrator g The insurance limits mandated for any insurance coverage required by this Ordinance are not intended to be an indication of limits of exposure ORDINANCE - 23 nor are they limitations on liability or indemnification o Section 15.72.160 Release, Indemnitv and Hold Harmless a In addition to and distinct from the insurance requirements of this Ordinance, Grantee releases and shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, employees, agents, and representatives (collectively referred to as the "Indemnitees") from any and all claims, losses, costs, liabilities, damages and expenses, including, but not limited to, those of the Grantee's lessees, and also including, but not limited to, reasonable attorneys' fees (except those damages caused solely by the negligence of the Indemnitees) arising out of or in connection with the Telecommunications Facilities or Cable Facilities or installation of any Telecommunications Facilities or Cable Facilities, the performance of any work, the operation of any Telecommunications Facilities or Cable Facilities, or the Grantee's system, or the acts or omissions of the Grantee or any of its suppliers or contractors of any tier, or anyone acting on the Grantee's behalf in connection with said installation of Telecommunications Facilities or Cable Facilities, performance of work, or operation of Telecommunications Facilities or Cable Facilities or Grantee's system b Such indemnity, protection and hold harmless shall include any demand, claim, suit or judgment for damages to property or injury to or death of Persons, including officers, agents, and employees of any Person including payment made under or in connection with any Worker's Compensation Law or under any plan for employees' disability and death benefits, which may arise out of or be caused or contributed to directly or indirectly by the erection, maintenance, presence, operation, use or removal of Grantee's Telecommunications Facilities or Cable Facilities or installations of Telecommunications Facilities or Cable Facilities including any claims or demands of customers of the Grantee with respect thereto o c Indemnitees shall not be liable to the Grantee or to the Grantee's customers, and the Grantee hereby indemnifies, protects and saves harmless the Indemnitees against any and all such claims or demands, suit or judgment for loss, liability, damages and expense by the Grantee's customers, or for any interruption to the service of the Grantee, or for interference with the operation of the Telecommunications Facilities or Cable Facilities d To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold harmless provisions shall apply to and be for the benefit of the Indemnitees e All provisions of Section 15 72 160 shall apply to the successors and o ORDINANCE - 24 $Itl ) I, e assigns of the Grantee Section 15.72.170 Security Fund Before commencing construction or obtaining a license, franchise or cable franchise in the Rights-of-Way, each Grantee shall establish a permanent security fund with the City by depositing the amount of up to $50,000 with the City in cash, an unconditional letter of credit, or other instrument acceptable to the City, which fund shall be maintained in the designated amount at the sole expense of Grantee so long as any of Grantee's Telecommunications Facilities or Cable Facilities are located within the Rights-of-Way This security fund shall be separate and distinct from any other bond, letter of credit or deposit required by a Telecommunications Franchise or Cable Franchise If a Grantee has Telecommunications Facilities or Cable Facilities in the Rights-of-Way for five (5) consecutive years, the Grantee may request the City to waive the requirement for a security fund In addition, if, at the discretion of the Council, an existing Grantee, is considered to be "in good standing" with the City, the Security Fund may be waived. This determination is made during the Utility Permit Process as described in Section 15.76.030. a The fund shall serve as security for the full and complete performance of Grantee's obligations under this Ordinance, including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the Grantee to comply with the codes, ordinances, rules, regulations or permits of the City e b Before any sums are withdrawn from the security fund, the Administrator shall give written notice to the Grantee 1 describing the act, default or failure to be remedied, or the damages, cost or expenses which the City has incurred by reason of the Grantee's act or default; 2 providing a reasonable opportunity for the Grantee to first remedy the existing or ongoing default or failure, 3 providing a reasonable opportunity for the Grantee to pay any monies due the City before the City withdraws the amount thereof from the security fund, and 4 that the Grantee will be given an opportunity to review the act, default or failure described in the notice with the Administrator c Grantee shall replenish the security fund within fourteen (14) days after written notice from the Administrator that there is a deficiency in the amount of the fund Section 15.72.180 Construction and Completion Bond. Unless otherwise provided in a license or franchise agreement, a bond written by a surety acceptable to the City equal to at least 100% of the estimated cost of restoration of the Rights-of- e Way shall be secured before a construction permit is issued. An annual bond ORDINANCE - 25 may be approved by the Director for numerous small line extension projects in 0 lieu of an individual bond for each project. a The construction bond shall remain in force until sixty (60) days after substantial completion of the work, as determined by the City Administrator or designee, including restoration of Rights-of-Way and other property affected by the construction b The construction bond shall guarantee, to the satisfaction of the City' (i) timely completion of construction, (ii) construction in compliance with applicable plans, permits, technical codes and standards, (Hi) proper location of the facilities as specified by the City, (iv) restoration of the Rights-of-Way and other property affected by the construction, (v) the submission of "as-built" drawings after completion of the 0 work as required by this Title, (vi) timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work Section 15.72.190 Acts at Grantee's Expense Any act that a Grantee is or may be required to perform under this Ordinance, a license, franchise, or cable franchise or applicable law shall be performed at the Grantee's expense Section 15.72.200 Coordination of Construction Activities. All grantees are required to cooperate with the City and with each other as follows a By February 1 of each year, Grantee shall provide the City Administrator or designee with a schedule of their planned construction activities which may affect the Rights-of-Way for that year b Each Grantee shall meet with the City, other Grantees and users of the Rights-of-Way annually or as determined by the City to schedule and coordinate construction o ORDINANCE - 26 c c c c All construction locations, activities and schedules shall be coordinated, as ordered by the City Administrator or designee, to minimize public inconvenience, disruption or damages Section 15.72.210 Assignments or Transfers Ownership or control of a license, franchise or cable franchise may not directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger or consolidation, by operation of law or otherwise, nor may there be a transfer of working control (which includes not only actual control, but also the ability to affect or influence decisions) without the prior written consent of the City, as expressed by ordinance and then on such conditions as may be prescribed therein and a No grant with respect to a Telecommunications Service shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the license or franchise unless otherwise provided by law b Absent extraordinary and unforeseeable circumstances and to the extent permitted by law, no grant with respect to a Telecommunications Service shall be assigned or transferred before construction of the Telecommunications Facilities have been completed c. The proposed assignee or transferee shall provide and certify the following information to the Administrator 1 Complete information setting forth the nature, terms and conditions of the proposed transfer or assignment; 2 All information required of a license, franchise or cable franchise applicant pursuant to this Ordinance with respect to the proposed transferee or assignee, 3 All information required by federal, State and local law or regulation, including, but not limited to, FCC Form 394 4 Any other information reasonably required by the Administrator d No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other qualifications in the City's reasonable discretion to own, hold and operate the telecommunications system pursuant to this Ordinance, and unless there is compliance with the license, franchise and cable franchise (as applicable) e The assignee or transferee shall reimburse the City for all direct and indirect fees, costs and expenses incurred by the City in considering a request to transfer ownership in or assign a license, franchise or cable franchise unless otherwise prohibited by law f Any transfer of ownership in or assignment of a license, franchise or cable ORDINANCE - 27 franchise without prior approval of the City under this Ordinance shall be void and is cause for revocation of the grant. o g Upon receipt of all information required herein, and any other information reasonably required by the City, the City shall have one hundred and twenty (120) days to review and approve or deny the requested assignment or transfer If the City is unable to approve or deny the requested assignment or transfer within such period, the City shall provide notice of the reasons for the delay and the period of time needed to complete its review, and such review period shall be extended to the extent permitted by law h In addition to the other requirements herein, a copy of the transfer or assignment document, deed or other documentation deemed necessary by the City shall also be filed with the Administrator within ten (10) days of any change in ownership or control Except as provided in Section 13 80 090 below, City's consent shall not be required for any assignment which is the result of a corporate merger, sale of all or substantially all of the corporate assets, sale of any or all of the corporate stock, consolidation or reorganization, whether voluntary or involuntary, or assignment to a subsidiary, parent, or affiliated company so long as such assignee or transferee is financially qualified and there 0 are no outstanding issues of noncompliance under this Ordinance, a license, franchise or cable franchise Nothing contained herein shall prevent or restrict an assignor's, lessor's, or Person's right to (a) mortgage its interest or (b) assign or lease to a third party fiber optic cables or telecommunication capacity (so long as it is for uses authorized by telecommunications franchises or cable franchises), and no consent shall be required for such mortgage, lease or assignment. Such assignors and lessors shall, however, be responsible for written notification to City of such assignment or lease due to those occurrences defined herein in which City's consent is not required, and such notification shall include the appropriate names, address and contact points for the assignee or lessee Section 15.72.220 Transactions AffectinQ Control. Any transaction which results in any change of the ownership or working control (defined as 20% or more ownership or control) of a licensee or franchisee, including, but not limited to, a change of 20% or more of change in financial ownership or make up or the nature of the business entity, shall be considered an assignment or transfer requiring City approval hereunder Section 15.72.230 Revocation or Termination. A license, franchise or cable franchise granted by the City to use or occupy Rights-of-Way may be revoked for any one or more of the following reasons 0 ORDINANCE - 28 o o c a Construction or operation at an unauthorized location b Unauthorized transfer of control c Unauthorized assignment of a license, franchise or cable franchise d Misrepresentation in any application to the City e Abandonment of Telecommunications Facilities or Cable Facilities in the Rights-of-Way f Failure to relocate or remove Telecommunications Facilities or Cable Facilities as required in this Ordinance g Failure to pay taxes, compensation, fees or costs when and as due the City h Insolvency or bankruptcy Violation of a material provision of this Ordinance Violation of a material term of a license, franchise or cable franchise Section 15.72.240 Notice and Duty to Cure. In the event that the Administrator believes that grounds exist for revocation of a license, franchise or cable franchise, written notice shall be given of the apparent violation or noncompliance, there shall be provided a short and concise statement of the nature and general facts of the violation or noncompliance, and there shall be given a reasonable period of time not exceeding thirty (30) days to furnish evidence a That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance b That rebuts the alleged violation or noncompliance c That it would be in the public interest to impose some monetary damages, penalty or sanction less than revocation Section 15.72.250 Hearina. In the event that a Grantee fails to provide evidence reasonably satisfactory to the Administrator as provided hereunder, the Administrator shall make a preliminary determination as to whether an event of default by Grantee has occurred and initially prescribe remedies in accordance with Section 13 80 130 In the event that a Grantee wants to appeal such determination, it shall do so to the Yelm City Council, who shall conduct a hearing In the event a further appeal is sought by the Grantee, it shall make such appeal to the Thurston County Superior Court, as set forth in RCW 36 lOC ORDINANCE - 29 Section 15.72.260 Standards for Revocation or Lesser Sanctions. If persuaded that the Grantee has violated or failed to comply with a material provision of this Ordinance or of a license, franchise, cable franchise or applicable codes, ordinances, statutes, or rules and regulations, the Administrator shall make a preliminary determination whether to revoke the license, franchise or cable franchise, and issue a written order, or to impose monetary damages, a penalty, or other such lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors o a Whether the misconduct was egregious b Whether substantial harm resulted c. Whether the violation was intentional d Whether there is a history of prior violations of the same or other requirements e Whether there is a history of overall compliance f Whether the violation was voluntarily disclosed, admitted or cured CHAPTER 15.76 TELECOMMUNICATIONS ORDINANCE CONSTRUCTION o Section 15 76 010 Construction Standards Section 15 76 020 Construction Codes Section 15 76 030 Utility Permits Section 1576040 Applications Section 1576050 Grantee's Certification Section 15 76 060 Traffic Control Plan Section 15 76 070 Issuance of Permit Section 15 76 080 Construction Schedule Section 15 76 090 Compliance with Permit Section 15 76 100 Display of Permit Section 15 76 110 Noncomplying Work Section 15 76 120 Completion of Construction Section 15 76 130 As-Built Drawings Section 1576 140 Restoration of Improvements Section 15 76 150 Landscape Restoration Section 1576160 Location of Telecommunications and Cable Facilities Section 15 76 170 Occupancy of City Owned Conduit Section 15.76.010 Construction Standards. No Person shall commence or continue with the construction, installation or operation of Telecommunications Facilities or Cable Facilities within the City except as provided in this Ordinance, provided, 0 ORDINANCE - 30 c c c however, this Chapter 13 84 shall be in addition to the requirements of the Development .Guidelines, City of Yelm, as enacted or in the future is amended from time to time Section 1576.020 Construction Codes. Telecommunications Facilities and Cable Facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, State and local codes, rules and regulations including, but not limited to, the National Electrical Safety Code Telecommunications Facilities and Cable Facilities shall comply with the most recent standards in the Development Guidelines, other public works standards, and applicable City codes Section 15.76.030 Utilitv Permits. No Person shall construct or install any Telecommunications Facilities or Cable Facilities within the Rights-of-Way without a utility permit, as provided under this ordinance, provided however' a No permit shall be issued for the construction or installation of Telecommunications Facilities or Cable Facilities within the City unless the Telecommunications Carrier has filed a registration statement with the City pursuant to this Ordinance, or b No permit shall be issued for the construction or installation of Telecommunications Facilities or Cable Facilities in the Rights-of-Way unless the Grantee has applied for and received a license, franchise or cable franchise pursuant to this Ordinance to the extent the foregoing may be required under applicable law c Unless otherwise provided by a license, franchise, cable franchise or law, no permit shall be issued for the construction or installation of Telecommunications Facilities or Cable Facilities without payment of all fees pursuant to this Ordinance d No permit shall be issued to cut any Public Way,' the surface of which is less than three (3) years old Section 15.76.040 Applications. Applications for permits to construct Telecommunications Facilities shall be submitted upon forms provided by the City The applicant shall pay all associated fees and shall include any additional information as requested by the City Administrator or designee The application shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate a That the Facilities will be constructed in accordance with all applicable codes, rules and regulations b The location and route of all Facilities to be installed on existing utility poles ORDINANCE - 31 c The location and route of all Facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the Rights-of- Way o d The location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the Rights-of-Way along the underground route proposed by the applicant. e The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to the Rights-of- Way f The location, dimension and types of all trees within or adjacent to the Rights-of-Way along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction Section 15.76.050 Grantee's Certification. Unless otherwise provided in a license or franchise, all permit applications shall be accompanied by the drawings, plans and specifications submitted with the application that comply with applicable technical codes, rules and regulations The Grantee shall provide a certificate of the construction cost estimate o Section 15.76.060 Traffic Control Plan. All permit applications which involve work on, in, under, across or along any Rights-of-Way shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed Section 15.76.070 Issuance of Permit. Upon submission of all plans and documents required of the applicant and payment of necessary permit fees, the City Administrator or designee, if satisfied that the application, plans and documents comply with all requirements of this Title, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as the City Administrator or designee may deem .necessary or appropriate Section 15.76.080 Construction Schedule. For Class B & C Utility Right-of- Way work, the permittee shall submit a written construction schedule to the City Administrator or designee ten (10) working days before commencing any work in or about the Rights-of-Way The permittee shall further provide written notification to the City Administrator or designee not less than five (5) working days in advance of any excavation or work in the Rights-of-Way Section 15 76.090 Compliance with Permit. All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities The City Administrator or designee and his or her 0 ORDINANCE - 32 c o o ~., o. .,: l ' representative shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements Section 15.76 100 Displav of Permit. The permittee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the City Administrator or designee at all times when construction work is occurring Section 15 76.110 NoncomplvinQ Work. Upon order of the City Administrator or designee, all work which does not comply with the permit, the approved plans or specifications for the work, or the requirements of this Title shall be removed and/or relocated Section 15.76.120 Completion of Construction. The permittee shall promptly complete all construction activities so as to minimize disruption of the Rights-of-Way and other public and private property All construction work authorized by a permit within Rights-of-Way, including restoration, must be completed within ninety (90) days of the date of issuance or at such other interval as the City may specify in writing upon issuance of the permit. Section 15.76.130 As-Built DrawinQs At the Director's request, within thirty (30) days after completion of construction, the permittee shall furnish two (2) complete sets of plans, drawn to scale and certified to the City as accurately depicting the location of all Telecommunications Facilities constructed pursuant to the permit. Section 15.76.140 Restoration of Improvements. Upon completion of any construction work, the permittee shall promptly repair, but in no event longer than such time as may be established by the City during permit review, any and all public and private property, improvements, fixtures, structures and facilities which are damaged during the course of construction, restoring the same to their condition before construction commenced .,. Section 15.76.150 Landscape Restoration. a All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, operation, repair or replacement of telecommunications facilities, which is done pursuant to a franchise, license or permit, shall be replaced or restored to the condition existing prior to performance of the work in accordance with YMC Chapter 17 80 b All restoration work within the Rights-of-Way shall be done in accordance with landscape plans approved by the City Section 15.76160 Location of Telecommunications and Cable Facilities ORDINANCE - 33 Unless otherwise required in current or future City ordinances regarding underground 0 construction requirements, all Telecommunications Facilities and Cable Facilities shall be constructed, installed and located in accordance with the following terms and conditions a A Grantee with written authorization to install Overhead Facilities shall install its Telecommunications Facilities and Cable Facilities on pole attachments to existing utility poles only, and then only if Surplus Space is available b Whenever all existing telephone, electric utilities, Cable Facilities or Telecommunications Facilities are located underground within Rights-of- Way, a Grantee with written authorization to occupy the same Rights-of- Way must also locate its Telecommunications Facilities and Cable Facilities underground c Whenever all new or existing telephone, electric utilities, Cable Facilities and Telecommunications Facilities are located or relocated underground within Rights-of-Way, a Grantee that currently occupies the same Rights- of-Way shall concurrently relocate its facilities underground at its expense Telecommunications Facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility d o Section 15.76.170 Occupancy of City Owned Conduit. If the City owns or leases conduit in the path of Grantee's proposed Telecommunications Facilities, and provided it is technologically and economically feasible for Grantee to occupy the conduit owned or leased by the City (and provided that Grantee does not require a different path due to a legitimate need to achieve redundancy), Grantee shall be required to occupy the conduit owned or leased by the City in order to reduce the necessity to excavate the Rights-of-Way Grantee shall pay to the City a fee for such occupancy calculated pursuant to the federal formula for conduit leases, or a mutually agreeable rate if no such formula exists CHAPTER 15.80 TELECOMMUNICATIONS ORDINANCE FEES Section 15 80 005 Section 1580010 Section 15 80 020 Section 15 80 030 Section 15 80 040 Section 15 80 050 Section 15 80 060 Section 15 80 070 Section 15 80 080 ORDINANCE - 34 Applicability Registration Fee Application Fee Amount of Franchise Fee Utility Permit Fee Refund Other City Costs Annual Fees Regulatory Fees and Compensation Not a Tax o o o c Section 15.80005 Applicabilitv. This Chapter 15 80 shall constitute the fee structure, subject to resolutions adopted from time to time by the Council, and to the extent permitted by law Section 15.80.010 ReQistration Fee. Each application for registration shall be accompanied by a fee in the amount of $350.00 Section 15.80.020 Application Fee Each application under the Telecommunications Ordinance for a license, permit, franchise or cable franchise, or renewal thereof, shall be accompanied by an application fee in the amount of $1500.00, which shall be deposited in an escrow account. Provided, however, that an existing franchisee as of the date of this ordinance, may be exempted from the application fee until their franchise is up for renewal. The purpose of the application fee is to ensure full recovery of City costs and expenses associated with the review of the application including, but not limited to, actual costs of City staff time and resources as well as any outside consultation expenses which the City reasonably determines are necessary to adequately review and analyze the application The application fee shall be credited towards other fees or deposits due to the City, less any ascertainable costs and expenses incurred by the City in connection with the application To the extent that the initial deposit is insufficient to fund full recovery of City costs and expenses, within thirty (30) days after written demand, the applicant shall reimburse the City Section 15.80.030 Amount of Franchise Fee. For new franchises or renewals thereof granted under this ordinance for a telecommunications carrier, cable operator, and utility provider, an annual franchise fee in an amount not to exceed five percent (5%) of its Gross Revenues (or such other amount as may be applied pursuant to a nondiscriminatory classification and schedule applicable to identifiable classes of facilities or utilities) shall be paid to the City Receipts are based on the immediately preceding year, and are paid by January 31 of each year Section 15.80.040 Utilitv Permit Fee. Prior to issuance of a utility permit, the applicant shall pay a permit fee to recover the City's actual attributable costs and expenses. The amount of the utility permit fee shall be as follows' a. Utility Right-of-Way Work Class A: $ No Fee b Utility Right-of-Way Work Class B' $100.00 plus $10.00 per linear foot for 36-month old pavement cuts c. Utility Right-of-Way Work Class C' $300 00 plus $10 00 per linear foot for 36-month old pavement cuts ORDINANCE - 35 Section 15.80 050 Refund Any application fee funds remaining after issuance of the license, franchise or cable franchise, or renewal thereof, shall be credited toward permit fees or refunded to the applicant. An applicant whose license, franchise or cable franchise application has been withdrawn, abandoned or denied shall, within one hundred twenty (120) days of its application and review fee payment, be refunded the balance of its fee under this Section, less all ascertainable costs and expenses incurred by the City in connection with the application o Section 15.80.060 Other City Costs. All Grantees shall, within thirty (30) days after written d~mand therefore, reimburse the City for all direct and indirect costs and expenses incurred by the City in connection with any compliance review, or modification, amendment or transfer of a license, franchise or cable franchise Section 15.80.070 Annual Fees. In addition to other fees provided for or referred to in this Ordinance, the City reserves the right to require each licensee, franchisee, cable franchisee or lessee of the City to pay an annual fee to the City to reimburse the City's costs in connection with administration and oversight of the license, franchise, cable franchise, permit, lease or other authorization, and in connection with reviewing, inspecting, monitoring and supervising the use and occupancy of the Rights-of-Way, which amounts may be established by the Council or specified in the license, franchise, cable franchise, permit, lease or other authorization Section 15.80.080 ReQulatorv Fees and Compensation Not a Tax. The 0 regulatory fees and costs provided for or referred to in this Ordinance, and any compensation charged and paid for the Rights-of-Way, are separate from, and additional to, any and all federal, State, local and City taxes as may be levied, imposed or due from a Grantee, its customers or subscribers, or on account of the lease, sale, delivery or transmission of Telecommunications Services or Cable Services CHAPTER 15.84 TELECOMMUNICATIONS ORDINANCE MISCELLANEOUS Section 1584010 Context Section 15 84 020 Effectiveness Section 15 84 030 Short Title Section 15.84.010 Context. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number Section 15.84.020 Effectiveness. This Ordinance shall take effect on March 15, 1999 Section 15.84.030 Short Title Chapters 13 60 through 13 92 of the City of Yelm Code shall be known as the City of Yelm Telecommunications Ordinance o ORDINANCE - 36 o c c ADOPTED ATTEST Agnes P Bennick CLERK/TREASURER APPROVED AS TO FORM Sandy Mackie, Owens Davies Mackie CITY ATTORNEY By' Mayor City of Yelm, Washington Kathryn M Wolf MAYOR F'\GROUPITELCOM14 CLN ORDINANCE - 37 o 1111. 111111 1111. II all Yebll Teleptlone Conlpany Communications for today & tomorrow July 9, 1999 Ms Shelly Badger City Administrator City of Yelm, Washington 105 Yelm Avenue West Yelm Washington 98597 RE City of Yelm Telecommunications Ordinance Dear Shelly c First of all [ want to thank you and the Planning Commission for taking the time during your work session to hear our concerns on the proposed Telecommunications Ordinance I appreciated the openness and understanding of the Comm isslOn I look forward to reviewing our concerns with you on Tuesday As we discussed, the follOWing is a line by line overview of our concerns. Chapter _04 Franchise 04 003 - Th IS section incorporates the standards from Section _03 003 when determ in ing whether to grant or deny the application It appears that subsection D, G, H, I and K are not appropriate for determining whether or not a telecommunications company can use the rights of way A telecommunication company's ability to use public rights of way is guaranteed by statute and the state constitution. The City may conditIOn that use in a very limited way, but does not have the right to condition use depending upon the service that is to be provided or whether the service is in the community interest. The Legislature has already determined that it is in the public Interest that telecommunications use the public rights of way As we discussed in the Planning Commission meeting, Yelm Telephone Company is required by the WUTC to provide service to anyone requesting Jt In our service area. Should the City refuse the Franchise for any reason, it would place us in the position of vIOlating the WUTC rules. 2 04007 - TIllS section discusses the standards for issuance of a franchise Of particular concern is the ten-year I im it on the term of the franch ise That period of tllne does not allow the company the ability to recover its investment made to serve customers. so long as It is a fully regulated company I will also point out that Sections 04011 and 012 are actually controlled by state law The statutory prOVIsions should apply InclUSion In the ordinance IS not necessary 3 04013 5ubsectlon C - This sectIOn discusses requiring a new franchise for any addJtions or modifications to the Services proVided by the Telecommunications Company We are reqUired by the WUTC to file a tariff for any changes or additions to our services. This reqUIrement by the City adds another layer of regulation that would hinder the rollout of requested services and thus put us at a competitive disadvantage. o 106 Second Street S E. 0 POBox 593 Yelm, WA 0 98597 0 (360) 458-2171 0 FAX (360) 458-3909 http / /wwwyelmlel.com A subsidiary of COMER,O INC. r Chapter _06 Conditions of Grant of License, Franchise or Cable Franchise 06007 - This section discusses the Relocation or removal of facilities. We have extensive facilities within the City rights of way A thirty-day time frame for removal or relocation of facilities can often be too restnctive A sixty-day timeframe would be industry standard along with a statement that a longer timeframe could be acceptable if agreed upon by the Company and the City Administrator or appropnate official 2 06008 - This section discusses removal of facilities. The majority of our facilities are bUried in the nghts of way and would cause extensive damage to the rights of way If these facilities were to be removed. We would like this section to contain language that these facilities would be abandoned in place unless necessary for the preservatIOn of the rights of way We also have concerns with the language of subsection D The City has never required a construction permit in the past but this section provIsions for the removal of any facilities placed m service prior to issuance of a permit. This legally places all of our existing facilities m Jeopardy We would like to see some language that "grandfathers" any facilities placed mto service before the adoption of this ordinance 3 06 0 I ] - State law requ ires anyone doing any excavation to call the 1-800 one call system 48 hours prior to starting construction We would like to see reference to this in this section. 4 06013 - This section discusses facilities maps. We have an extensive mapping system for our service area and are more than Willing to make these maps available to the City for mspection at any time. We are concerned about filing these maps at the City due to the City, by law, being required to make these maps available to anyone desiring to see them We believe this takes away our privacy and puts us at a competitive disadvantage. 5 06 0] 5 - Leased Capacity The company takes the position that if It wishes to lease bandwidth to another provider, that agreement has no effect on the rights of way and the City shou Id not be involved in that process. We do however recognize the City requirements that another company desiring to provide service either in or through the City is required to have either a franchise or a license with the City We believe that it is the responsibility of that company to notify the City of its intent, along with ItS method of dellvermg those services. 6 06019 - Secunty Fund. As we discussed at the work session, we do not feel thiS is appropnate for a company that has been workmg with a good reputation m the City for many decades. 7 06020 - Construction and CompletIOn Bond. The language of this section states that the bond be equal to 100% of the estimated cost of constructing the telecommunications facilities. We feel that the bond should be related to the restoration of the rights of way instead of the telecommul1lcations facilities. As I stated in the Planning Session we also would like to see a blanket bond for our small line extension projects in lieu of a bond for each individual project. 8 06 022 - Coordmation of Construction Activities. We are in agreement with coordinating construction as much as possible We do a five-year forecast for large construction projects and will be able to coordinate these projects. We would however like to point out that much of the construction that we do wlthm the City Limits is driven by customer demand and is not scheduled. We would like to see exceptions made for this type Ime extension work. 9 06023 Assignments or Transfers of Grant. We have concerns about the extent of information required for the transfer of control m this section and also the restrictive definition of a transfer of control in sectIOn 06024 We are consulting out corporate attorney and I will try to have suggestions when we meet. Chapter 07 Construction 07004 - Applications. Subsection E talks about showing the location of all facilities to be constructed within the City but not withm the rights of way We believe that any construction that is on our property or that has been agreed upon to be on private property is between that party and the company o o o (~ ~ 2 07005 - Engineer's Certification Yelm Telephone has built an extensive network with experienced professionals. I have been authorized by the Rural Utility Service to plan, engmeer and construct facilities under their Telecommunications program Requirmg a Certified Professional Engineer would put an undue and unnecessary financial burden on the company 3 07 007 - Issuance of Penlllt Yelm Telephone Company strives to provide service to customers as soon as possible. Waiting 45 days for the Issuance of a permit would be unacceptable to the residents of the City We suggest a tiered permit system that would allow for permits on minor construction to be faxed in and approved within 24 hours. A longer period would be acceptable on maJor construction proJects. 4 07008 - Construction Schedule As I stated in the above section 07007, We see the need for a tiered permit system to allow for minor construction to provide service to new reSidents and also for additIOnal service to existing residents. 5 07011 - Survey of Underground facilities. The utilities industry has always worked on a system of locatmg facilities and exposing them periodically to verify that location. A registered land surveyor would not improve on this system and IS unnecessary It would only add time and cost to every project. This section also states that the permittee shall relocate any facilities, which are not located in compliance with permit requirements. We would like to see this refined to clanfy that only the permittee's facilities would be affected. 6 070]4 - As-Built Drawings. Scaled construction drawings are not standard in the Telecommunications mdustry and should not be required. We are also unsure what IS meant by the drawings being certified to the City We also would like to pomt out that section 07009 states that all constructIOn will be m accordance with the Permit and the City Administrator shall be provided access to the work to verify it was done in accordance with the peml it. Are as built drawings necessary if there were no changes? Also, if the City needs to know the exact locatIOn of our facilities for any reason we are more than willing to locate them 7 07016 - Landscape Restoration I would like to note that the definition of a significant tree that the City is usmg is much smaller than Thurston County's. Thurston County's Ordinance states that a significant tree is "a healthy tree (i e., a tree that does not have a high probability of falling due to a debilitating disease or structural defect) twenty-four inches in diameter at breast height (four and one-half feet above grade) located within the County Right of Way or overhanging the Right of Way" An evergreen six inches m diameter IS a pretty small tree An eight-inch diameter Douglas Fir IS a pretty small tree Perhaps the City would be willing to use the same standard that Thurston County uses. o Chapter _08 Fees 08005 - Reserved Compensation for Rights of Way As we discussed in the Planning Session, we are very much opposed to this type of fee. It amounts to a pass through tax to the residents ofYelm 2. 08 007 - Compensation for City Property As I stated in section 04 003, The Legislature has already determined that it is in the public interest for telecommunications companies to occupy the rights of way to provide services to the reSidents of the State of Washington To charge a rental fee for use of theses rights of way IS an unfair tax on those same residents. 3 08007 - Construction Permit Fee. We fully understand the City setting a fee-based system to all utilities for the cost of permitting the use of its right of way The taxpayer should not bear the burden for the utilities. However a $100000 minimum is excessive and should be reduced to be comparable to Thurston or Pierce County We also strongly disagree with any fee based upon right of way diminution We believe that havmg telecommunications facilities in place does not devalue the rights of way at all Q 4 08008 - Annual Fees. As I stated m section 08007 we support a fair fee-based system borne by all uti I ities. 5 08009 - Regulatory Fees and Compensation Not a Tax. As was brought up by one of the citizens that attended the Planning Session, even though this section says the fees are not a tax, they in fact are a tax on the operation of the telecommunications business. o We would also like to see a reference in the construction section to emergency repairs. There IS no provision in the ordinance for this kind of work. In reference to fees we would like to pomt out that we not only pay the municipal tax as we discussed at the planning session, we also pay a property tax on in service plant to the state that distributes a portIOn to the City I know that this is rather lengthy but this ordinance has a tremendous effect on Yelm Telephone Company We are very concerned about the impact it will have on our customers and us. Thank you once again for taking the tune to listen to our concerns. I look forward to meeting with you on Tuesday Sincerely, ~. Michael S Brown Engineering Supervisor Yelm Telephone Company o o o 04 o City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 AGENDA CITY OF YELM PLANNING COMMISSION MONDAY, JULY 19,1999400 P M YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W I Call to Order, Roll Call, Approval of Minutes - June 21, 1999, minutes not complete at this time 2 Public Communications (Not associated with measures or tOpiCS for which public hearings have been held or for which are antIcipated) 3 Public Hearing - Canal Estates Applicant: Erling Birkland Proposal Preliminary Plat 'for a 26 lot single family subdivision on 6 56 acres Project Location Southwest corner of Canal Road and Rhoton Road Staff report enclosed Public Hearing - Telecommunications Ordinance Applicant: City of Yelm Proposal Creation of a new title to the YMC to Include City policy and regulation on Telecommunication facilities and services and a new zoning chapter addressing Wireless Communication Facilities (Cell Towers) Project Location City wide Staff report enclosed 5 Public Hearing - Zoning Code Amendments Applicant: City of Yelm Proposal Items included in the proposed amendments are secondary dwelling units In the low and moderate density residential districts, mini-storage facilities and recreational vehicle storage in the commercial districts, manufactured homes and communities and minimum lot size in the C-3 Commercial District. Project Location City wide Staff report enclosed 6 Other' Regularly scheduled August meeting - canceled Next meeting - September 20, 1999 Joint Planning Commission Meetings with Lacey, Tumwater, Olympia, and Thurston County - tentative date October 27 1999 at 6 00 P m Location to be announced 7 Adiourn - Enclosures are available to non-Commission members upon request if YOll need special arrangements to attend or participate in this meeting, please contact Yelm City Hall, at 458-3244 NEXT REGULAR MEETING, MONDAY, SEPTEMBER 20, 1999,400 P M o c o YELM PLANNING COMMISSION MINUTES Monday, June 21, 1999,400 P m YELM CITY HALL COUNCIL CHAMBERS Motion No The meeting was called to order at 4 05 P m by Tom Gorman Members present: E J Curry, Tom Gorman, Joe Huddleston, Roberta Longmire, John Thomson ~taff: Shelly Badger, Cathie Carlson, Dana Spivey Members absent. Glenn Blando, Margaret Clapp, Bob Isom, Ray Kent. 99-08 Approval of Minutes: MOTION BY ROBERTA LONGMIRE, SECONDED BY JOE HUDDLESTON TO APPROVE THE MINUTES OF MAY 17,1999 MOTION CARRIED Public Communications There were none Work Session - Mini Storage Facilities: Cathie Carlson briefly went over the staff report. Cathi~ stated that along With the City Council's deCISion to continue to allow mini-storage facilities in the C-1 District, they have requested the Planning CommissIon (PC) revIew the Issue and make a recommendation to the City Council on any changes regarding mini-storage Units PC members reviewed and discussed options, Including landscaping reqUirements There was discussion regarding past and present codes Roberta Longmir~ emphaSized that the code needs to be consistent, what is allowed for one person, must be allowed for the next. Tom Gorman went through the alternatives - everyone agreed that mini- storage facilities should be prohibited in the Central Business Dlstnct PC members also reviewed the conditions and agreed that mini-storage facilities should be prohibited from siting within 500' (or higher) of an Urban Arterial In the C-1 Distnct. Joe Huddleston asked about fire department reqLllrements Cathi~ stated that roads must be 20' - to allow enough room for emergency vehicles There was discussion about the lot coverage maximum, Cathie will call other jurisdictions to gather Input and examples of their reqUirements John Thomson stated that If a standard is set for how far apart each row is, and how far It IS offset from the street around the fenclng- this could be done Instead of the percentage figures because otherwise it will take the percentage if you figure what the normal storage bUildings are John said It might be more appropnate to say the design requires spacing between the rows/buildings There was more discussion YeLm Plannir.9 Commission ,June 21 i <;9q Page ]. "~ c Cathie stated that every site plan is reviewed for fire safety and fire access Torn said he agrees with Cathie, It IS more important to the aesthetics to have the screening/fencing, opposed to the lot sIze percentage and building The lot coverage maximum Issue will be tabled until the next meeting c Building Height maximum - Cathie stated that currently in the C-1 & C-2 zones It IS 40', C-3 IS 45' There was discussion about two stoned storage facilities, and other possibilities Cathie suggested any property line wIthin 100' of a residentially zoned area, height will not exceed 25 or 30' More discussion Joho. commented that rather than worrYing about the bUIlding height maXimum, why not go to the exterror finish requirements - If any building is more than two stories - you could type down the exterior finish to make it more quality, then you don't have to worry about the heights other than you have the clause in the exterior finish must then meet the appearance of the structure if its going to be more than one story high E.J, Curry stated that she just can't imagIne any two story mini-storage facilities coming In the future Joe asked about boat and r v storage? Cathie said If someone wanted to bUild a boaUr v storage facIlity, it would have to be 40- 45' high, and could be all metal, this could be very offensive to a residential area Tom asked everyone about the height restnctlons, should we let the existing commercial requirements prevail or do we want specific requirements for storage facIlities? Everyone agreed to let eXisting requirements remain Roberta asked about the boat and r v storage, it isn't specified In the code anywhere? E.J. suggested boat/r v storage facilities be designated in C-3 or Industrral zones The PC wants to make the distinction in a separate category for mini-storage facilities as opposed to vehlcle/r v.lboat storage facilities, whIch are not already there Extenor finish requirements - Cathie stated that the old code IS vague, she could add to the new code and relate it to our Design Guidelines for our Commercial area, so It would be consistent all the way Buffers/Screening - Cathie explained the new and old code, and that Type 1 Landscaping IS a dense vegetation, pnmarily evergreens There was some discussion, everyone agreed to require the Type 1 Landscaping around the perimeter of storage facilities, with a minimum 15' buffer around the perimeter of the site, in a residential area, 5-8' In Industnal or commercial Roberta asked If we want to require the 500' set-back from Urban Artenal's In C-2 & C-3? Torn stated that with the small amount of C-1 & C-2 property, and the nature of C-3, his preference is to require the 500' set-back from Urban Arterial's in the C-1 only Everyone agreed c YeJ.m PlannJ.ng C~mmission June 21 1999 Page 2 c c c --,....-------.- ~~.,..-..-.-. ~r- --- Cathie stated that besides what she finds out about exterior finish requirements, there IS really only one addition - the 500' condition in the C-1 zone PC members also would like Cathie to check on the boat/r v storage lImitations Cathie said yes, she will do that. Cathie then asked the PC to quickly reVIsIt one other tOpiC that has previously been discussed In the C-3 zone, the subject of binding site plans and trying to retain the site In larger chunks, but still allowing people t6 do things with their property - the consensus of the PC was that "to develop a piece of property through a bInding site plan - it will result in at least 70% of the site remaining In one parcel or commercial pad, and no minimum lot size restrictions will imply for the remaining 30% of the sIte" - but then in the first sentence It talks about subdividing and leaving that 10-acre minimum size if you want to subdivide Cathie stated that staff reviewed It again If they are gOing to subdivide or do a binding site plan - shouldn't the ratio apply across the board? The same thing is going to be accomplished through a binding site plan, but why should a person be penalized if they want to go short subdivision rather than binding site plan - they are stili reqUired to complete all the same conditions - basically someone could use either process and accomplish the same thing PC members agreed - gave CathIe the 0 K. to change the language to "subdivIsion for the development of property through the binding site plan will result In at least 70% of the site" and take out the 10-acre verbiage, that way everyone is treated the same and It'S a percentage of what you have Briefing on Telecommunications Ordinance. Shelly Badger told everyone of the Special Work Session which will be held on Tuesday, July 6, 1999 at 4 00 P m Shelly then briefly discussed the draft telecommunications staff report and ordinance Meeting adjourned at 5 15 P m Respectfully submitted, rdM1Pl~___ Dana Spiv J Tom Gorman, Chair Date Y.~lm Panning :;ommission J"dIle 21 19qq Fa.ge J c c c 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 City of Yelm Date May 26, 1999 To Yelm Planning Commission From Cathie Carlson Re Mini-Storage Facilities Backqround In 1995,the zoning code was updated to reflect the changes in the Comprehensive Plan and to comply with requirements of the Growth Management Act. The process involved a sub- committee of the Planning Commission to go through the new zoning code in detail, worksessions with the entire Planning Commission on changes proposed by the sub- committee and public hearings with final adoption by the City Council Permitting Mini-Storage Facilities in the C-1 Commercial District as an outright use was discussed in detail at the sub-committee level and it was the consensus of the group that the appropriate location for mini-storage facilities is primarily in the industrial district. After being reviewed by the entire Planning Commission and adopted by the qty Council, Chapter 17 26, C-1 District, does not list mini-storage facilities as a permitted use nor does it list it as a prohibited use Recently the Site Plan Review Committee had a pre-submission conference with the owners of Yelm Mini-Storage for the expansion of the mini-storage facility located at 407 2nd St. SE Staff informed the owner that storage facilities were no longer allowed in the C-1 District and that he would be unable to expand the use of the site with additional storage units The owner requested staff to consider mini-storage facilities as a similar use in the C-1 District. Staff considered his request, but determined that Mini-Storage Facilities are not a similar use in the C-1 District and informed the property owner The owner appealed the staff decision to the City Council Upon review of the appeal and consideration of legal opinion, City Council found that the original approval for the Mini-Storage Facility was granted based on the determination that mini-storage facilities are a similar use in the C-1 District. At the time the original determination was made the C-1 District did not list mini-storage units as an outright allowed use Therefore, even though the C-1 Chapter in the zoning code has been updated with the intention of no longer allowing mini-storage units in the C-1 District, because mini-storage facilities are not specifically prohibited, they remain a similar use based on the previous decision in 1993 Along with the City Council's decision to continue to allow mini-storage facilities in the C-1 District, they have requested the Planning Commission review the issue and make a recommendation to the City Council on any changes regarding mini-storage units Issues 1 Which district(s) are appropriate for mini-storage units? o 2 Are there design or development guidelines that can be used to allow mini-storage units in all of the commercial districts? As the Planning Commission discusses these questions these are some of the issues you may want to consider Compatibility with other uses a. Bulk / size - typically up to 75% of a site can be covered with buildings when developed as a min-storage facility This is more than other commercial uses mainly because there is little need for parking, therefore most of the site can be developed as storage units Also stormwater facilities are usually underground b Intensity of Use/Noise - fairly quiet, mostly day use, low traffic volume c Design - wide range from metal buildings to wood, flat roof - pitched roofs, significant variation in architectural details d Tend to have less landscaping/screening (8 foot perimeter landscaping, Type II, is the only requirement) because there are no parking lots and there is paving around and up to all units which doesn't permit landscaping around buildings e Typically fenced, but with chain link fencing which is not allowed in prominent locations visible from the frontage street [Design Guidelines, IV E (2)(k)] o District Locations & Intent a Central Business District - Along Yelm Ave between Solberg and 4th St., one block deep in most areas Very visible to the general traveling public Intent is pedestrian use b C-1 District - very lineal, majority of property in this district fronts on Yelm Avenue The District begins at Burnett Road and runs east just beyond the AM/PM ARCO Convenience Store which is all very visible to the general traveling public There is some C-1 zoned property between Killion Road and Mt. View Road and along West Road which is not as visible Intent is to provide the daily convenience and service needs of the community c C-2 District - small area on Creek St and 103rd Also the area between Yelm Avenue and Bald Hills Road will be C-2 when annexed Property fronting on Yelm Avenue is "Gateway" and very visible Intent is for uses which rely more heavily on convenient vehicular access than pedestrian access d C-3 District - Along Yelm Avenue east of Grove Road City "Gateway" and very visible Intent is to provide facilities and services needed by the traveling public and that depend more heavily on convenient vehicular access rather than pedestrian access o o c c e Industrial District - large district north and northeast of downtown (Rhoton Rd, NP Road, Canal Road) Intent is to provide for an area for industrial activities Street Classifications a Urban Arterial - Yelm Avenue, First Street, Grove Rd b Commercial Collectors - Creek St, Killion Rd, West Rd, 103rd St. c Neighborhood Collectors - Burnett Rd, Mt. View Rd Enclosed is the old zoning code chapter for C-2 Heavy Commercial (used until 1995) which allowed mini storage units provided a number of conditions were satisfied The old C-1 Commercial District did not address min-storage units RanQe of Alternatives 1 Prohibit Mini-Storage Units in the C-1 District; prohibit Mini-Storage Units in the C-1 and C-2 Districts, Prohibit Mini-Storage Units in the C-1, C-2 and C-3 Districts 2. Allow Mini-Storage Units in selected or all (except the CBD) Commercial Districts, provided the following requirements are meet:* a Mini-storage facilities may not be sited within 500' (or higher) of an Urban Arterial b Lot coverage maximum (somewhere between 50% - 70% of the site) c. Building Height maximum? d Exterior finish requirements? e Buffer/Screening - minimum 15' buffer around the perimeter of the site with Type I Landscaping All landscaping shall be irrigated and placed on the outside of any fencing *Mini-Storage facilities in the industrial area would not be subject to these development standards ) 17.28.040--17.30.020 'c 17.28.040 Conditional uses. Uses permitted subject to the granting of a conditional use permit by the town council are as follows: A. Automobile laundries which utilize blowers and/or steam cleaning facilities; 1. The town shall investigate uses and zoning of adjacent lands and shall impose such conditions as may be deemed necessary to protect the public interest and welfare; B. Mobile home park, in accordance with standards in Chapter 17.42. (Ord. 346 S6(part), 1~88). 17.28.050 Special use/combining and planned development districts. Special use/combining and planned development districts in the C-1 zone shall be in compliance with standards set forth in Chapters 17.34 and 17.36. (Ord. 346 S6 (part), 1988). 17.28.060 Standards. For standards applicable to the C-1 zone, see Chapter 17.40. (Ord. 346 S6(part), 1988). Chapter 17.30 C-2 HEAVY COMMERCIAL ZONE (Pre /115) c Sections: 17.30.010 17.30.020 17.30.030 17.30.040 17.30.050 17.30.060 Purpose. General requirements. Permitted uses. Conditional uses. Special use/combining and planned development districts. Standards. 17.30.010 Purpose. A. In furtherance of the compre- hensive plan, this zone is intended to provide for the loca- tion of nonretail, commercial and semi-industrial establish- ments which are primarily oriented to automotive rather than pedestrian buying activity. B. It is a further intent of this zone to provide for the productive use of land already oriented to the above- described activity, consistent with the requirements of pub- lic safety and the maintenance of property value in the sur- rounding area. (Ord. 346 S6(part), 1988). o 17.30.020 General requirements. The following uses only are permitted as hereinafter specifically provided and allowed by this chapter, subject to the off-street parking 159-5 ( Ye 1m 2 / 8 9 ) 17.30.030 requirements in Chapter 17.38 and the general provisions_and exceptions set forth in this title. (Ord. 346 ~6 (part) , 1988) . o 17.30.030 Permitted uses. Uses permitted outright are as follows: All uses permitted outright in R-1, R-2, CBD and C-1 zones, subject to the least restrictive applicable standards and conditions set forth; Advertising signs, subject to Chapter 15.24; Assembly of electrical appliances, such as: 1. Electronic instruments and devices, 2. Radios, phonographs and televisions, including manufacture of small parts; Ambulance service; Automobile laundries; Automobile, truck and trailer sales; Bakery, wholesale and retail; Boat repairs; Boat sales, new and used; Cabinet shops; Ceramic products, manufacture of, including figurines (but not including bricks, drain, building or conduit tile), using only previously pulverized clay and batch kilns as dis- 0 tinguished from shuttle, tunnel or beehive kilns and such batch kilns shall not exceed a total capacity of one hundred thirty cubic feet; Contractor yards; Electric or neon sign manufacturing, servicing and re- pairing; Fix-it shops; Frozen food or cold storage lockers; Furniture repair; Garages, public (including storage and major repairs)i Glass edging, beveling and silvering in connection with the sale of mirrors and glass decorated furniture; Glass studios (stained, etc.); Laboratories (experimental, motion picture, testing, etc. ) ; Lumber yards; Machine shop, no punch press over five tons or automatic screw machines; Mini-warehouses, provided the building official reviews and approves a site plan reflecting the following conditions: 1. Mini-warehouse sites shall not exceed three acres; 2. Lot coverage of all structures shall be limited to fifty percent of the total area; 3. Building height shall not exceed fifteen feet; 4. Vehicular ingress/egress shall be limited to one o 159-6 ( Ye 1m 2 / 8 9 ) 17.30.030 o ~ c\ 159-4 point for each side of property abutting any street lot line; 5. The exterior areas of mini-warehouses shall be of finished quality and maintained so as not to be offensive from adjacent property abutting streets; 6. No advertising signs will be permitted on the property, except as provided for in Chapter 15.24 of this code; 7. No business activities other than rental of stor- age units shall be conducted on the premises; 8. Landscaping. A landscaping area not less than six feet in width shall be provided continuously (except for authorized curb cuts) inside the property and parallel to the boundary property lines along roadway frontages. Landscaping shall consist of a variety of hardy evergreen planted mate- rial consisting of trees, low, medium and high profile shrubs together with suitable ground cover such as native grasses, bark, rockeries or a combination thereof and shall be de- signed, placed and maintained in such a manner as not to impair vehicle visibility at corner intersections or adjacent to points of ingress or egress; 9. Fences. Notwithstanding any other provision of the zoning code, fences for the purpose of security may be erected in any required yard provided the fence is constructed with chain link material. In no event shall a fence or gate be constructed principally from wood. Signs or other advertising mediums shall not be placed upon, attached to or painted on a fence or screen fence when required. Fences shall normally not exceed six feet in height provided that the building official may in unusual topographic or other similar situations permit a fence not exceeding eight feet in height; 10. Screening. In the event a mini-warehouse site abuts upon or is across a street or alley from a more restrictive zone district or abuts or is across a street or alley from property containing residential uses, screening shall be required to minimize the environmental impact of the mini-warehouse operation such as visual blight, parking or roadway illumination, headlight glare, noise, blowing debris and dust. Screening shall be provided by a fence pursuant to item (9) listed under mini-warehouses in this section, to which has been affixed wood or plastic slats; Mortuaries; Motor vehicle impound yard when located within a com- pletely enclosed building, except for off-street parking of customer's vehicles; Motor vehicle wrecking when conducted totally within a completely enclosed building, except for off-street parking for customer's vehicles; On-site treatment and storage facilities for hazardous (~ '0 159-7 ( Ye 1m 2 / 8 9 ) n '''----./ c c 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 City of Yelm AGENDA CITY OF YELM PLANNING COMMISSION MONDAY, JUNE 21,1999400 P M YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE W 1 Call to Order, Roll Call, Approval of Minutes - May 17,1999 minutes enclosed 2 Public Communications (Not assocIated with measures or tOpICS for which public hearings have been held or for whIch are anticIpated) 3 Work Session - Mini Storage Facilities Staff report enclosed 4 Briefing on Telecommunications Ordinance Shelly Badger 5 Other' Special Worksession - July 6, 1999 6 Adjourn - Enclosures are available to non-Commission members upon request. if you need special arrangements to attend or participate in this meeting, please contact Yelm City Hall, at 458-3244 NEXT REGULAR MEETING, MONDAY, JUL Y19, 1999, 4 00 PM o c c YELM PLANNING COMMISSION MINUTES MONDAY, MAY 17,1999 YELM CITY HALL COUNCIL CHAMBERS Motion No. The meeting was called to order at 404 P m by Joe Huddleston Members present: Glenn Blando, Margaret Clapp, Joe Huddleston, Bob Isom, Ray Kent, Roberta Longmire, John Thomson Guests Diana Blang, Steve Hlllmer-NVN Staff' Cathie Carlson, Dana SpIvey Members absent: E J Curry, Tom Gorman Approval of Minutes: The minutes of the AprIl 19, 1999 Planning Commission meeting were approved as WrItten Public Communications" There were none Public Hearing - Daycare Facilitv. Diana Blang" Joe Huddleston opened the public hearing at 4 05 P m Joe then asked If any of the Planning Commission members had a conflict of Interest? There was none Joe asked if any member of the Planning Commission had received any information prior to the hearing? Both Bob Isom and Roberta Longmire stated that they had received Information because they live within 300' of the proposed facility Cathie Carlson said it should not be considered a conflict of interest. Joe asked the applicant if she had any conflicts of Interest with Bob, Roberta or any of the other PC members? Ms. Blang said no Cathie then gave a staff report. There was discussion Bob asked about requirIng the land owner to pay for road improvements Cathie stated that the development gUIdelines require frontage Improvements when a change occurs in the character of occupancy There was more discussion Joe then asked the applicant If she had any comments Ms. Blang thanked Cathie Carlson for helping her so much, and stated that Cathie had done an excellent job She then explained to the PC members many details about her daycare facility Ms. Blang also said she believes that Yelm IS a good community, and It could use additional chlldcare facilities/options She plans to operate a quality facility for the Yelm community Joe asked if there were any public comments? There were none Bob asked Ms Blang If the State Dept. of Social/Health Services had been contacted Ms. Blang said yes, they have even Visited the proposed site, and have helped her significantly Joe closed the public hearing at 4 29 P m Yelm Planning Commission May 17 1999 Page 1 o c c 99-07 MOTION BY MARGARET CLAPP, SECONDED BY JOHN THOMSON TO FORWARD A RECOMMENDATION FOR APPROVAL TO CITY COUNCIL ON CASE NO. CUP-99-8235-YL (DAYCARE FACILITY AT 203 SOLBERG STREET.) Bob called for further discussion regarding the road improvements on Washington Street (the undeveloped portion of the street behind the McDonald's restaurant and Shur-Kleen car wash) Bob stated that he doesn't feel the applicant should be financially responsible for road improvements on an unopened nght-of-way Roberta asked Cathie If the money that IS paid In development fees is spent on the project which it was paid for, or are the fees applied to vanous projects? Cathie said yes the TFC funds can be spent in other areas of the City, dependmg on necessity There was more discussion Margaret stated that she does not wish to amend her motion, but encourages forwarding the planning commission's concerns on the "Washington Street road improvements Issue," to the city council A VOTE WAS TAKEN. BOB 150M VOTED AGAINST. MOTION CARRIED. Other: Margaret commented on the development fees in Yelm, she said she has been approached by many people who are concerned about the cost to build In Yelm Margaret asked If the PC would consider having further discussions about the fees There was some discussion Cathie stated that Yelm still has the lowest development fees m Thurston County, and are stili much lower than many jurisdictions In Pierce County Cathie also said that staff does monitor Yelm's fees as well as the fees in other cities/towns Meeting adjourned at 4 50 P m Respectfully submitted, IJat1A ~L~'VhA Dana Spivey / U Joe Huddleston, Vice-Chair Date Yelm Planning Commission May 17, 1999 Page 2 () o o o Date May 12, 1999 To Yelm Planning Commission From Cathie Carlson, City Planner Re Case No CUP-99-8235-YL, Daycare Facility LIST OF EXHIBITS: Exhibit I - Public Hearing Notice Exhibit II - Site Plan A. Public Hearing Obiective: The Planning Commission must determine if the proposed Daycare Facility is consistent with the applicable City ofYelm Municipal Code(s) After consideration of the facts and public testimony the Planning Commission must take one of the following actions request additional information from the applicant and/or staff, continue the public hearing or make a recommendation of action to the City Council B. Proposal: The applicant has applied for a Special Use Permit to convert the site from a residence to a Daycare Facility The proposal consists of two Phases Phase I, 1426 square feet, includes the interior remodel ofthe structure and providing on-site paved parking Maximum enrollment for Phase I is 26 children Phase II is for a 800:!: square foot expansion Maximum enrollment after completion of Phase ills 45 children (addition is planned for after school care) c. Findings: 1 Proponent. Diana Slang 2 Location 203 Solberg Street. Tax Parcels 21724470304 3 Public Notice Notice of the Public Hearing was published In the Nlsqually Valley News on May 7, 1999, and posted in public areas on May 3, 1999 The notice was mailed to adjacent property owners and the applicant on May 4, 1999 4 Existing Land Use Single family residential 5 AdJacent Land Uses Commercial to the north, residential to the south, west and east. () c Case No CUP-99-8235-YL, Daycare Facility PaQe 2 6 Comprehensive Plan The site is designated Multi-Family Residential 7 Zoning Chapter 17 18, High-Density Residential District, (R-14) and overlay zone, Chapter 1766, Special Uses 8 Transportation and Site Access. The site fronts on Solberg and Washington Street (unimproved) along the northern property line The proposed access to the site is from Solberg Street and is one way The Yelm Development Guidelines, Chapter 4, classifies that area of Solberg Street as a local access residential and the undeveloped Washington Street as local access commercial and requires the project proponent improve the roads from centerline Improvements consist of core road improvements from centerline, planter strip and sidewalk c Consistent with City of Yelm Ordinance 580, Concurrency Ordinance, a day care facilities generates 11 67 new peak hour trips per every 1,000 square feet. As proposed the development would generate 25 new pm peak hour trips (Phase I - 16, Phase II - 9) The total trips for Phase I reflects a credit of 1 trip for the existing residential use 9 Parking Chapter 17 72, Off-Street Parking and Loading, requires one parking stall per each ten occupants (Places of assembly without fixed seats) Maximum occupancy is 50 (45 children and 5 staff) which requires a minimum of 5 on-site stalls The applicant proposes 3 on-site parking stalls, 6 off-site parking stalls (for staff) and a drop-off/pick-up area The applicant has entered into a parking agreement with McDonald's for the 6 off-site parking stalls 10 Wastewater The project is currently served With existing capacity from the Sewer Treatment Plant. It is not anticipated the project would require any additional sewer capacity 11 Water Supply The project is currently served with City water It is not anticipated the project would require any additional water capacity 12 Drainage/Storm water The City adopted the DOE Storm Water Manual as the City standards for storm water treatment and control As proposed the impervious surface on the site in under 5,000 square feet and would not require stormwater treatment or retention c ~ o c o Case No CUP-99-8235-YL, Daycare Facility PaQe 3 13 Utilities The sIte is served by Puget Sound Energy (electric and gas) and Yelm Telephone 14 Fire Protection Fire protection is provided by the Thurston County Fire District #2 Fire hydrants are located at SolberglYelm Avenue and Solberg/McKenzIe 15 Police Protection Police protection is provided by the City of Yelm 16 Environmental Review The proposed project is below the SEPA threshold and is exempt from environmental review D. STAFF RECOMMENDATION Staff recommends that Daycare Facility, CUP-99-8235-YL, be approved, based on the findings in Section C, and subject to the conditions in Section D of this report. 1 The applicant shall submit a final parking lot plan for approval by the Public Works Department. 2 The applicant shall mitigate traffic impacts to the transportation system Mitigation includes payment of the Transportation Facility Charge (TFC) for 25 pm peak hour trips generated by the project. The total TFC for Phase I is $12,000 00 and payable at building permit issuance The total TFC for Phase II is $6,750 00 and payable at building permit Issuance 3 The applicant shall be responsible for all improvements to Solberg and Washington Streets as required by the Yelm Development Guidelines Improvements shall include core road improvements, planter strip, sidewalk, street lighting and landscaping as required for a Local Residential Access Street. The applicant may enter into an agreement with the City for the deferral of improvements 4 One parking stall on-site shall be designated as ADA - van accessible The stall shall be a minimum 16' x 20', signed and striped 5 Each phase of the development shall be momtor for a 6 month periord to determine if additional water and/or sewer capacity is required 6 At this time it is unknown if a grease trap will be necessary The City will continue to monitor the STEP system and if at anytime in the future the City determines a grease trap IS required the applicant shall have one installed to City standards Exhibit I - Public Hearing Notice City of Yelm () Case # CUP-99-8235-YL May 17,1999 NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION DATE. PLACE. PURPOSE. Monday, May 17, 1999,4'00 p.m. Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA Public Hearing to receive comments on a Conditional Use Application for a Daycare Facility - CUP-99-8235-Yl / APPLICANT Diana Blang PROJECT lOCATION 203 Solberg Street, Yelm, WA The Yelm City Council will hold a public hearing to receive comments on a Conditional Use Application for a Daycare Facility The proposed project consist of converting a residential use to a daycare facility Phase I includes paved parking and interior modifications. Phase II will include an addition of approximately 500 square feet. Testimony may be given at the hearing or through any written comments on the proposal, received by the close of the public hearing on May 17,1999 Such written comments may be submitted to the City of Yelm at the address shown above or mailed to City of Yelm, 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 Cathie Carlson at 458-8408. The Yelm City council will receive the Planning Commission's recommendation regarding the project at the City Council meeting on May 26, 1999 The City Council will take action on the proposal at the May 26, 1999, meeting The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72 hours before the meeting. ATTEST City of Yelm f4,/hM y10.~'?rL Ag s Bennick, City C erk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News. Friday, May 7, 1999 Posted in Public Areas Monday, May 3, 1999 Mailed to Adjacent Property Owners Tuesday May 4, 1999 () ~_/~------= 99 8235-'{L Case # CUPMa; 17, 1999 I! 1 \ ~ \ ~ \ \\\t\i -- () ___ll. __ll-----: .,. --, 1l.___1l.- ~ I . \ ~ \ ~ '-@l \S \ ! \ ~ ~ ~ ~ c ~ ) \ ~ \ t ~ \ ~ 1\ O~~ ~,lv \ l:. I u~ l:.~t \ ~ --,,,,, C) ~\. , ~~. .L:ha~h~ ~h'i~a 11 . \ \ \ q\ ~ 1 ;:: ~ e ~i \ \ ~ ~ ..I Po uJ t: (/) '" >","3' C)~ z= ..c(0 -a4 cou. uJ ..c(~ ~o >- - 4' o o~ u .!!:. ~ e. V \< ~ i'l, h~ ~ \~~ \i~ i . 1 \i~~~~\~ ~ II ~ ~ B, ~~~i! . . ~ ~1 !lw~ )- 1- l~\~\h1 . ~ \ ~ l\t~ ~~\ ci oi '1 \~\\ \\\ \ ~ t~ ~i i ~ ~ o c c City ofYelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 YELM WASHINGTDN AGENDA CITY OF YELM PLANNING COMMISSION MONDAY, MAY 17,1999400 P M YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W 1 Call to Order, Roll Call, Approval of Minutes - April 19 1999 minutes enclosed 2 Public Communications (Not assocIated with measures or tOpICS for which publIc heanngs have been held or for which are antIcipated) 3 Public Hearing - CUP-99-8235-YL Proposal Daycare Facility Location 203 Solberg Street Applicant: Diana Slang Staff report enclosed 4 Other' 5 Adjourn - Enclosures are available to non-Commission members upon request !f you need special arrangements to attend or participate In this meeting, please contact Yelm City Hall, at 458-3244 NEXT REGULAR MEETING, MONDAY, JUNE 21,1999,400 PM c c c YELM PLANNING COMMISSION MINUTES Monday, April 19,1999 YELM CITY HALL COUNCIL CHAMBERS Motion No. The meeting was called to order at 4 05 P m by Glenn Blando Members present: Glenn Blando, E.J Curry, Ray Kent, John Thomson. Staff' Cathie Carlson, Dana Spivey Guests Steve Hillmer, NVN Members absent: Margaret Clapp, Tom Gorman, Joe Huddleston, Bob Isom, Roberta Longmire Approval of Minutes The minutes of the March 15, 1999 meeting were approved by consensus of PC members present. Public Communications' There were none Request from Yelm High School - temporary placement of recycle bins Cathie Carlson gave a staff report. 99-06 MOTION BY E.J. CURRY, SECONDED BY RAY KENT TO FORWARD A RECOMMENDATION OF APPROVAL FOR THE TEMPORARY PLACEMENT OF RECYCLE BINS AT THE YELM HIGH SCHOOL, UNTIL DECEMBER 31, 1999. MOTION CARRIED, BY CONSENSUS OF PC MEMBERS PRESENT. ZONING CODE AMENDMENTS. WORK SESSION - Cathie stated that she would like to go over the changes from the last meeting/work session Cathie talked about the first Issue-Secondary Accessory Dwellings John Thomson asked Cathie - If a family member IS living in an accessory dwelling Unit, and they pass away - what happens? Cathie said technically the unit would either need to remain a family unit or be removed from the sight. A signed affidavit would help to ensure that secondary family units do not turn into rental Units Ray Kent asked what can be done if the affidavit is violated? Cathie stated that an order to vacate could be Issued, but again it is a difficult situation because it Isn't mOnitored or policed Cathie also said that at her next "City Update" presentation to the MLS Group, she will include thiS topic Yelm Planning Commission April 19, 1999 Page 1 c c c The next issue-Manufactured Home Community Buffers There was discussion E.J. Curry stated 15' would be alnght for external setback, and internal should be no less than 15' Everyone agreed Meeting adjourned at 4 20 P m Respectfully submitted, D~~~*'f Glenn Blando, Acting-Chair Date Yelm Planning Commission April 19, 1999 Page 2 (; City ofYelm YELM WASHINGTDN 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 Date April 8, 1999 To Yelm Planning Commission From Cathie Carlson, City Planner Re Recycle Bins at Yelm High School Proposal Yelm High School would like to temporarily provide recycling bins on campus until the City develops a recycle center at the Public Works Yard The recycle bins are currently on the site and placed behind the single family residence (see enclosed map) Backaround In March, the High School working with Thurston County Solid Waste had three large blue recycle bins and two small recycle bins delivered to the High School to kick off their recycle program (see attached letter from Yelm High School) City staff received a complaint from a property owner in the area, concerned about the potential of "loose" garbage and/or recyclables getting onto their property c The City contacted the school and provided them with the minimum development standards they would need to comply with to keep the recycle bins permanently After their review, it was apparent their budget did not support the minimum improvements necessary for permanent placement of the bins The School approached the City Council in March and requested they be allowed to temporarily have the recycle bins at the High School, with no improvements, until the City constructs a recycling center at the City Public Works Yard on Rhoton Road The City Council requested that the Planning Commission review the temporary use at the High School and make a recommendation to the City Council Development Standards Minimum development standards require refuse areas to be fully enclosed and screened (development standard attached) Full enclosures prevent "loose" garbage and/or recyclables on site or on adjacent properties Also, Thurston County Solid Waste enters into an agreement with the recycle bin provider and requires they keep the site clean The screening requirements shield adjacent properties from unsightly bins and garbage Adjacent Properties - map enclosed I have visited the High School to Inspect the location of the recycle bins and have contacted the property owners of the single family residence and Attwood Auto Sales c The single family home has the most impact from the recycle bins, especially visual The owner of the single family residence rents the property and has spoken with the tenant regarding the impact o c c from the recycle bins The tenant actually likes them there because they block their view of the High School parking lot. The tenants have not experienced any problems with litter The owner of the property does not object to the temporary placement of the recycle bins at this location The visual impact to Attwood Auto Sales is very minor There are evergreen trees and tall scotch broom that block the line of sight so the recycle bins can only be seen from limited areas of their site I contacted Attwood Auto Sales and spoke with the owners son, explaining why I was calling and the concerns regarding the recycle bins The owner did not return the call The Auto Repair Center is not effected by the recycle bins because of the distance from the bins and the existing vegetation creates a visual barrier Staff Recommendation If possible it would be helpful for each Planning Commission Member to visit the site prior to the April19th meeting Staff recommends the City allow the recycle bins to remain at the High School, unimproved, as a temporary site until the Public Works Recycling Center is ready The use of the High School as a temporary site should not extend past December 31, 1999 Thurston GeoDA T A Center/InteractiVe Map Page 1 of 1 o Map Produced By: Thurston GEODA T A Center's Internet Map Server I / AVE c " , " HJ~h ~hCD( " , \ / / " \ I Scale Approx. 1 Inch = 483 Feet 4/8/99 11 49 37 AM c ./esnmap dll?name=TGCMAP&Left=1107913 8544971&Bottom=596061.263467118&Rlght=1 4/8/99 _ __0411211999 10 33 o 3504585198 VELMHS PAGE 01/01 YELM HIGH SCHOOL o City of Yelm Yelm Planning Department 105 Yelm Avenue West Yelm, WA 98597 April 2, 1999 Yelm City Planners I am writing on behalf of the YHS students in the Yelm Adventure Club to request a temporary placement of the Thurston County recycling bins that are currently on our campus It seems reasonable that this variance could last until the City of Yelm has thelf recycling center built. The benefits of recycling are obvious The dedication and enthusiasm of the students involved is Inspiring These students in the Adventure Club have worked for many months to create a viable recycling program for our school & our community Our club spent one afternoon dOIng a "Dumpster Dive" to analyze our schools waste. The findings were astounding! Sixty percent of our garbage (by weight) was recyclable! They gave a presentation to our pnncipal, supenntendent & head of maintenance, followed by a presentation to our staff upon approval, they made a plan for implementation and created a campaign to promote its use Students pursued local community resources to find bins for each classroom and the cafeteria areas to be donated If you grant us this request, the Adventure Club students will get the chance to feel fulfilled on their investment of time and energy as well as benefit our community and school In conclusion, we request that you allow us to temporary house the Thurston County recyclIng bins until the City of Yelm has their recycling center built. Thank you for considering this matter Sincerely I Sheila Wilson Adventure Club advisor science teacher Lyn Roberts, Princlpal . Gary Yoho, V Prine. · Holly Breidenbach, V Pnnc. . Roek Winters, AD · Dennl$ Wallaee, Voc. Dlr PO Box 476 Yelm, WA 98597 Phone: (360) 458-7777 Fax. (360) 458-6198 o e e ~~e~~~~ ~ t-~~ ~ e ~ ~ l~~ ~ IP ~~I : ~ v~ ~ _"':1 ~8 ~ ASPHALT OR:i ~ VQ CONCRETE ~ \PAVEMENT ~ t~ r-(/' -I ~ '~-: 1- r-(/' -J"...... __ / I I / / / .... ~ ~ e NOTES: 1. 6' HIGH o.AlN UNK FENCE TO BE CONSlRUClED OF GALVANIZED 9 GAUGE CORE 'MRE 'MlH 2- MESH OR WALLS MAY BE CONSlRUClED OF CON~ BlOCK OR BRICK. 2. PROVIDE CASTERS AND \e11CA1. LOCI<ING DEVICES AT FREE ENOS OF DOORS. 3. DOORS MUST SYt1NG OPEN AT LEAST 90 DEGREES FROM a.OSED POSIllON. 4. DOORS MUST S'MNG FREEl. Y AND BE ASl.E TO BE LoacED IN OPEN POSIl1ON. 5. PROVIDE A MINIMUM OF 50 FEET "STRAIGHT-IN- APPROAo. TO FRONT OF ENQ.OSURE. 6. AREA MUST BE FREE OF OVERHEAD OBSTAQ.ES, SUo. AS POYER UNES, BUIlDING OVERHANGS, ElC. 7. CONTAINERS MUST BE PlACED ON A HARD LEVEL SURFACE. E1lHER ASPHALT OR CONCRElE. 8. CONTAINERS MUST BE COVERED. 9. FENCE POST TO BE SET IN CONCRE1E TO A DEP'TH OF 36- BELOW FlNISHED GROUND l.EV'EI... 10. CONTACT PAClFlC DISPOSAl FOR APPROPRfATE SIZE OF lHE CONTAINERS. REfUSE2.DWG ~ 1 'b I Q - 'b I ~ - I 'b I . ,. t ALL SHRUB TREES TO BE THUJA OCCIDENT AUS PYRAMIDAL (PYRAMIDAL EASlERN ARBORVITAE) OR EQUAL TREES MUST BE A MINIMUM OF :5 TO 5 FEET IN HEIGHT AT TIME Of PLANTING AND SHOULD BE SPACED 2 TO 2.5 FEET APART FROM EACH OlHER. CITY OF YELM, WASHINGTON DEPT OF COMMUNITY DEVELOPMENT 10' X 10' REFUSE CONTAINER STORAGE AREAS APPROVED DWG NO BUILDING OFFICIAL R-2 DATE DES. DATE 12/23/94 OWN CKD NOlES: 1, 6' HIGH CHAIN UNK F[NCE TO BE CONSTRUCTED Of' GALVANl2EJ) 9 GAUGE ~ VilRE WItH 2- MESH OR WALLS MAY BE CONSTRUCTED OF CONCRElE BlOCK OR BRIO<. 2. PROVIDE CASTERS AND VERl1CA1. LOCKING DE'JlCES AT FREE ENOS OF DOORS. 3. DOORS MUST SWNC OPEN AT lEAST 90 DECREES FROM a.OSED POSI11ON. 4. DOORS MUST SWNC FREELY AND BE ABLE TO BE LOa<ED IN OPEN POSI11ON. S. PROWlE A MIHIWM OF 50 FEET '"S1RAIGHT-1N" APPROACH TO FRONT OF ENa.OSURE. 6. NfE.A MUST BE FREE OF OVERHEAD OBSTAQ.ES. SUCH AS POYIER UNES, BUILDING ~ANGS. ETC. 7. CONTAINERS MUST BE PlACED ON A HARD l.E'JEL SURFACE. EI1HER ASPHALT OR CONCRETE. 8. CONTAINERS MUST BE COVERED. 9. F[NCE POST TO BE SET IN CONCRETE TO A 0EP1H OF 36- BELOW RNISHED GROUND l.EVEI.. 10. CONTACT PACIFIC DISPOSAL FOR APPROPRIATE SIZE Of' THE CONTAINERS. ~ ~ ~ ~ ~ ~ ~ REruSE 1 .owe A 14'-d' ~~~~~ ~ ~ r: ;; ~:;R l IIiI Ii Iii Iill III I I III I I III I!W I III I !-Ul t~ ~ I ~lltxJl b ~ I Q b - :"~ I I ~ ,. - d'-O"-! b I ~ t "- "- ...... ...... --- ASPHALT OR CONCRETE '\ PA VEJlENT \ \ LB'-ooo \ --- / I I I / / ,/ /' "'" "'" AlL SHRUB TREES TO BE THUJA OCClDENTAUS PYRAMIDAL (PYRAMIDAL EASTERN ARBORVITAE) OR EQUAL TREES MUST BE A MINIMUM OF 3 TO 5 FEET IN HEIGHT AT TIME OF PLANTING AND (J SHOULD BE SPACED 2 TO 2.5 FEET APART FROM EACH OTHER. ~ CITY OF YELM, WASHINGTON DEPT OF COMMUNITY DEVELOPMENT 14' X 10' REFUSE CONTAINER STORAGE AREAS APPROVED Dwe NO. BUILDING OFFICIAL DATE R-1 () DES. DWN CKD DATE 12/23/94 ~ (\ o c City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 Date Apnl 8, 1999 To Yelm Planning Commission From Cathie Carlson, City Planner Re Zoning Code Worksession Secondary Accessory Dwellings Enclosed you will find Pages 17 12 -1 and 17 12-2 from the Yelm Zoning Code that addresses secondary dwelling units (this language is also found in Chapter 17 15, Moderate-Density Residential) From the discussion at the last Planning Commission meeting this section would be amended to aI/ow manufactured homes no larger than 28' x 56' or stick built homes of equal size on parcels of one acre or more Placement of a manufactured home or stick built home would be subject to the availability of public utilities or the approval of the Thurston County EnvIronmental Health Department. Manufactured Home Community Buffers Enclosed you will find Page 5 of the Draft Manufactured Home Chapter Highlighted are items C - Setbacks and F - Buffering The combination of rear yard setback (25') and buffer (20') requires a significant amount of land Would the Planning Commission consider allowing for a 40% (10') reduction in rear yard setbacks when the rear yard is adjacent to the perimeter buffer? This would still allow for a 15' backyard and the visual buffering from adjacent properties o Chapter 17.12 LOW-DENSITY RESIDENTIAL DISTRICf (R-4) c Sections: 17 12.010 Intent 17 12.020 PernllUed uses 17 12030 Prohibited uses 17 12.040 Envlfonmental performance standards 17 12.050 Lot area 17 12.060 Off-street parkmg 17 12.070 Landscapmg 17 12.080 Stormwater runoff 17 12.090 Open space 17.12.010 Intent. It is the intent oftlus chapter to A. Enhance the residential quality of the city by providmg a lugh standard of development for single-family residential areas; B Guide residential development to those areas where: 1 Public sewers are in place or available pnor to residential buildmg construction, or 2. Where sewers can be extended at minimal cost, or 3 Where new technology m the processmg of domestic sewerage makes reSidential development m unsewered areas environmentally acceptable, C Guide development of reSidential areas m such manner as to encourage and plan for the availabihty of public servlces and commwuty facihties such as utihties, pohce and fire protectiOn, streets, schools, parks and recreatlOn. 17.12.020 Permitted uses. A. Specific types of uses pernutted m the low-density reSidential distnct: 1 Smgle-family dwellings mcluding duplexes on mdiVlduallots at a density of not more than four dwellmg units per gross acre, 2. Mobile/manufactured homes as provided m Chapter 17 63, 3 Planned reSidential developments as provided m Chapter 17 60; 4 Townhouse developments as proVided m Chapter 17 61, 5 ReSidential care facilities, Other or related uses pernutted. 1 Accessory buildings or structures clearly mCidental to the reSidential use of the lot such as storage of personal property or for the purswt of avocatlOnal mterests, B CI 2. Home occupations as provided m Chapter 17 69; 3 Secondary dwelling umts as follows. A secondary dwelling wut may be created on a smgle- family lot for the exclUSive use of persons related by blood or mamage to the owner/occupant of the property The secondary dwelling unit may COnsiSt of one or more rooms, including kitchen and cooking facihties, and may be created by converSiOn of, or addition to, either the mam reSidence on the lot or legal accessory building; provided that: 17 12 - 1 a. Such converSiOn or addItion shall not cause the maXImum allowable buildmg or development coverage of the lot to be exceeded and shall not Itself exceed 1,000 square feet, b Satd converSiOn or addttlon shall comply With all rules and regulatiOns of the buildmg, plumbmg, 0 ftre and other applicable codes, c A buildmg pemut and all other apphcable permIts shall be obtamed pnor to constructIon of such conversIOn or addItion, 4 SpecIal uses as provIded m Chapter 17 66 of thIS title, subject to SIte plan reVIew; 5 The keepmg of common household annuals or pets IS pemutted provIded that their keepmg does not constitute a nUisance or hazard to the peace, health and welfare of the commumty m general and neIghbors m partIcular; 6 Family day care homes as provIded m Chapter 1765 17.12.030 Prohibited uses. A. Kennels are prohibited. B Uses other than those identified or described m Section 17 12.020 are prohibIted. 17.12.040 Environmental performance standards. A. Pemutted uses shall create no noISe, emISsions, odors or other nUisances whtch are demonstrably dtsruptive or disturbing to other residences in the area, or whtch are of a quality or quantity not normally associated With reSIdential use. B The constructIon of accessory buildings shall be encouraged in such a manner as to make them complementary to the basic architectural character of the main building on the lot, or appropnate to the accessory use. C SpecIal uses shall comply With the development gmdehnes described for such uses m Chapter 17 66 of tins title. D All uses shall comply With the apphcable environmental performance standards of Chapter 17.57 of tins title. 17.12.050 Lot area. The size and shape of lots shall be as follows, provided they adhere to the density requirements: A. Minrmum lot area. none; B Minrmum front yard measured from CIty nght of way Ime: On collectors, twenty-five feet, On artenals, tinrty-ftve feet, On local streets, fifteen feet, With a twenty-foot mimmum dnveway approach, C Minrmum side yards. Minrmum on one SIde, five feet, Minrmum total both SIdes, twelve feet; D Mimmum flankIng yard. ftfteen feet; E. Mimmum rear yard. twenty-ftve feet; F Maxunum building coverage: fifty percent; G Maxunum development coverage: seventy-ftve percent; 17 12 - 2 o o e o c acre B. Size. There are no minimum size reauirements for manufactured homes in a Manufactured Home Communitv. All manufactured homes shall comply with construction standards as defined in Section 17.63.020. Definitions. "Manufactured home." C Setbacks. Setbacks shall be those of the underlying residential district. Yard setbacks along the perimeter of the property shall be in addition to the required buffer D Development Coverage Development coverage shall be that of the underlying residential district. E. Lot Size and Width. The minimum lot size and width for a manufactured home in a community shall be as follows 1 Minimum space area. four thousand square foot averaae. 2. Minimum width: forty feet; 3 Minimum depth: eighty feet; F. Bufferina. A twenty foot (20'). Type I Landscape Buffer shall be required around the perimeter of the site. Bufferina average is allowed provided no buffer area is less than fifteen feet (15') in width. G Open Space At least five percent (5%) of the gross parcel shall be dedicated as open space and located in a centralized location or locations for recreational uses. as required by YMC. Chapter 1614. Parks and Open Space H Age of a Manufactured Home The age of a manufactured home, as reflected on the title. shall not exceed a maximum of five years at the time of installation. Access. 3 Each Manufactured home site shall have access from an interior drive or roadway only 2. Access to the manufactured home community shall be limited to not more than one driveway from a public street or road for each two hundred feet of frontage J Parking 1 Off-street parking shall be provided in accordance with Chapter 17 72 of this title. 2. On-street parking - Minimum seven (7) foot parking on each side of the street or minimum seven (7) foot parking on one side of the street and a parking area for quests of at least one space for each five homes Parking areas shall be 17 63 - 5 () .------ e e City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 AGENDA CITY OF YELM PLANNING COMMISSION MONDAY, APRIL 19,1999400 P M. YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE W 1 Call to Order, Roll Call, Approval of Minutes - March 15, 1999 minutes enclosed 2 Public Communications (Not associated with measures or topics for which public heanngs have been held or for whIch are anticIpated) 3 Request from Yelm High School - Action Item Proposal Temporary placement of recycle bins Location Yelm High School Staff report included 4 Zoning Code Amendments Worksession Staff report included 5 Other' 1999 Comprehensive Plan Amendments - Parks and Recreation Plan 6 Adjourn - Enclosures are available to non-Commission members upon request. If you need special arrangements to attend or participate in this meeting, please contact Yelm City Hall, at 458-3244 NEXT REGULAR MEETING, MONDAY, MAY 17,1999,400 PM e o e YELM PLANNING COMMISSION MINUTES MARCH 15, 1999 YELM CITY HALL COUNCIL CHAMBERS Motion No The meeting was called to order at 400 P m by Joe Huddleston Members present: Margaret Clapp, Joe Huddleston, Bob Isom, Roberta Longmire, John Thomson Guests AI Prigge, Yelm Postmaster Staff' Shelly Badger, Cathie Carlson, Ken Garmann, Dana Spivey Members absent: Glenn Blando, E J Curry, Tom Gorman, Ray Kent. 99-04 Approval of Minutes. MOTION BY ROBERTA LONGMIRE, SECONDED BY BOB ISOM TO APPROVE THE MINUTES OF FEBRUARY 16, 1999 MOTION CARRIED Public Communications' There were none Public HearinCl: City of Ye/m/US Postal Service- Yelm Proposal Amendment to City Development Standards regarding mailboxes Location City wide Joe Huddleston opened the public hearing at 4 03 P m Joe then asked if any of the Planning Commission members had a conflict of interest? There was none Joe asked if any member of the Planning Commission had received any information prior to the hearing? None Joe called for the staff report. Cathie Carlson gave a staff report. The PC must determine if the proposed development standard is consistent with the applicable City ofYelm Municipal Code(s) After consideration of the facts and public testimony, the PC must take one of the following actions request additional information from the staff, continue the public hearing or make a recommendation of action to the City Council Proposal The Post Office is now offering route delivery to all residents in the City of Yelm To deliver mail, in most situations mailboxes will be placed in the public right-of-way City staff and Post Office staff are proposing to have at least one mail box center per block and a specific standard for installation of mailboxes and mailbox centers City and Post Office staff would determine the location of mail box centers for each block Staff recommendation The PC forward Section 4G 070 as modified and the mail box construction drawing to the City Council for review ;:lnd approval Joe asked for discussion John Thomson asked ifthere is a minimum height? AI Prigge said yes, it is 38" - 42" to the bottom of box There was more discussion Joe asked Cathie to confirm that "one block" is a linear block, not a square block Cathie affirmed Cathie also stated that the standard drawing of the mailbox center was provided by Skillings-Connolly - and shows a roof over the mailboxes Yelm Planning Commission March 15 1999 Page 1 e The PC should decide if the roof will be required or will it be a case by case situation - a decision left up to the customers? Some discussion followed Cathie said that Tom Gorman was not able to attend this meeting, but had called her with his comments Tom had asked if the mail box centers could be constructed out of materials other than wood - for durability purposes? AI Prigge stated that the Postal Service's position is to accept whatever the city decides on, but they do caution people that if they put a metal post in the ground - it will not move, could be dangerous - they would hate to see any damage done to vehicles etc But they have no regulation on that. Cathie then asked about maintenance and upkeep of the mail boxcenters.isit the customers and their neighbors responsibility? AI said yes, and the Post Office has a form letter which they send throughout the year, many during the month of May - which is "Beautification Month" The letter advises the customers to make repairs on their mailbox(es), gives them two weeks to do so, and if It is not done - the post office will hold delivery of their mail until it is complete, but this seldom ever happens e Bob Isom asked about the roofs over the mailbox centers John included his inquiry about putting the roof in the development standards as an optional item? There was discussion Cathie said yes under the "general notes" it could say that the roof is optional, and if the roof is used it must follow the standards for design MarQaret Clapp asked if the patrons wanted to upgrade to a secured type mail box, could they? AI said yes, for vandalism purposes they are better, but these type of boxes can get very expensive Roberta Longmire inquired about the procedure for applying to the Federal Government for house to house delivery AI said that the applicant would have to apply through him, realistically he would disapprove it, then the applicant would have to apply to headquarters of the Post Office - AI stated that even if he was behind the applicant 100% - it would probably still get denied The reason is, all of the unions and the change - what happens is work is taken away from one craft employee and given to another, again the Postal unions are the strongest in the world Because of Yelm's size and the whole union issue - it would never be approved 99-05 MOTION BY BOB 150M, SECONDED BY MARGARET CLAPP, TO FORWARD SECTION 4G 070, WITH THE PROVISION THAT ROOFS OVER THE MAILBOX CENTERS BE OPTIONAL, AND THE MAIL BOX CONSTRUCTION DRAWING TO THE CITY COUNCIL FOR APPROVAL CONSIDERATION ROBERTA LONGMIRE VOTED AGAINST MOTION CARRIED John Thomson left the meeting at 4 30 P m Zoning Code Amendments: Work session. Secondary dwelling units, accessory units and construction standards for pedestrian paths Cathie gave a brief staff report, then started with a discussion about pedestrian pathways A decision needs to be made regardmg type of construction, asphalt or crushed rock? e Yelm Planning Commission March 15 1999 Page 2 e e e Cathie told PC about the crushed rock that will be used at Cochrane Park, it is ADA assessable There was discussion Bob asked if the manufactured developments can be done in phases? Cathie said yes, the phases would have to be approved with conditions Roberta asked if the pathways with gravel are better because of drainage purposes? Cathie said no, this gravel is beneficial because it packs tight for wheelchair (ADA) assessability Everyone agreed to giving each applicant a choice but make them be consistent throughout the project. Cathie went on to discuss Accessory and Secondary Dwelling Units, with her staff report. There was discussion over the options available Cathie stated she would like to see an affidavit signed by the land/home owners on these types of units Bob asked what if someone has one of these units on their property, and they sell - doesn't that unit automatically become an accessory dwelling unit? Cathie said that is why she would like to see the signed affidavit system used Roberta stated that she is aware of the Thurston County law which allows the "mother-in-law" apartment or living space and would like to know how they police this when so many times the mother-in-law passes away, and the apartment or house is then used as a rental? Cathie stated this is why the 1000 sq ft maximum is in effect. There was more discussion about the maximum square footage of the accessory and secondary dwelling units Bob stated that it should be standard for a stick built home and a manufactured home Cathie said it could also be based on total acreage It was decided to allow manufactured homes no larger than 28' x 56' or stick built homes of equal size on parcels of one acre or more Placement of a manufactured home or stick bUilt home would be subject to the availability of public utilities or the approval of the Thurston County Environmental Health Department. Meeting adjourned at 5 00 P m Respectfully submitted, ~ iJ/ln f/ , yJ,1h/!:>>v/ Dima Spivey I ,J Joe Huddleston, Vice-Chair Date Yelm Planning Commission March 15, 1999 Page 3 (; .. "---' e c City ofYelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 Date March 9, 1999 To Yelm Planning Commission From Cathie Carlson, City Planner Re Development Standards for Pedestrian Pathway Attached is a drawing illustrating minimum construction standards for an asphalt path and a crushed rock path As previously discussed, pathways in Manufactured Housing Communities would be required in place of conventional sidewalks Skillings and Connolly Engineer's estimate construction costs for a paved path at $15 00 - $18 00 per lineal foot and a crushed rock path at $10 00 - $12 00 per lineal foot. 1 Does the City have a preference to type of construction, asphalt or crushed rock? 2 Should the City use both standards, with the final decision of type left to each applicant? o o o co 7~ 2r MAINTAIN TOP OF PATH ABOVE ADJ FINISH GRADE CLASS G ASPHALT CONCRETE FINISH GRADE 5/8" MINUS TOP COURSE COMPACT SUBGRADE MAINTAIN TOP OF PATH ABOVE ADJ FINISH GRADE 1/4" MINUS CRUSHED ROCK FINISH GRADE WOVEN GEOTEXTILE OR SPRAY WITH SOIL RESIDUAL HERBICIDE COMPACT SUBGRADE CI TY OF YELM DEPT OF PUBLIC WORKS PEDESTRI AN PATH SECTION DWG NO DATE CKD xx 4' WALK SLOPE TO DRAIN 3% MAX .. WOVEN GEOTEXTILE OR SPRAY WITH SOIL RESIDUAL HERBICIDE ASPHALT PATH SECTION NOT TO SCALE SLOPE TO DRAIN 3% MAX .. DATE 3/2/99 4' WALK 4~ -'-- 0 0 C DO 00 C 00" 00 <> o 00 00 p, 0000..00 D c"'-"'-"'-"'-~"- "~III III 111- 1- ' -"IW.,,~ CRUSHED ROCK PA TH SECTION NOT TO SCALE NOTES. 1 All MATERIALS, WORKMANSHIP, AND INSTAll- ATION SHAll BE IN CONFORMANCE WITH THE STANDARD SPECIFICATIONS FOR ROAD, BRIDGE AND MUNICIPAL CONSTRUCTION AS AMENDED BY CITY OF YELM STANDARDS APPROVED PUBLIC WORKS DIRECTOR DES DWN S-C PATH1.DWG (; .. '---"' e c 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 City of Yelm Date March 9, 1999 To Yelm Planning Commission From Cathie Carlson, City Planner Re Accessory Dwelling Units and Secondary Dwelling Units Secondary Dwelling Units Secondary dwelling units are allowed in City residential zones They are limited to use by family members and shall not exceed 1,000 square feet For areas in town which are already developed and the secondary dwelling unit is constructed as an apartment or a small attached living unit the requirements are adequate For area's which are away from the city center and development is more rural In nature the 1,000 square feet maximum is difficult to stay within For family's with larger parcels (2 or more acres) who desire to move a family member on to the property, the most likely choice of housing is a manufactured home The City's minimum requirement for a 24' wide manufactured home conflicts with the maximum 1000 square foot requirement. Accessory Dwellino Units Currently the City does not allow for accessory dwelling units By definition an accessory dwelling unit can be occupied by anyone Requirements usually include a square foot minimum of 300' and a maximum of 800 square feet. Also it is common to require compatibility with the existing house, that the main home IS occupied by the home owner and all other development regulations are meet (parking, landscaping etc ) Issues for the Planning Commission to Consider 1 Is there a way to allow for secondary dwelling units in excess of 1,000 square feet in specific situations? (i e , on parcels of land is over 2 acres, as long as Thurston County Health Department requirements for on site systems can be satisfied) 2 Should there be no maximum square footage requirement for secondary dwelling units, if we allowed accessory dwelling units 3 If we allow accessory dwelling units should they be allowed In all residential zones or limited to the R-6 and R-14 districts? Attached I have Included information from Pierce County, Thurston County and City of Lacey on accessory dwelling units CHAPTER 20.34 01vn 1~ll~~rV\ ACCESSORY USES AND STURCTURES 2034010 20 34 020 I, III II I' I, i' AuthonzatIOn LimitatIOns on Accessory Uses LimitatIOns on Accessorv Uses I' I I.; i :\ I: '0.34.010 AuthorIzation Accessory uses and structures are permitted many zonmg . istnct, except as prohibited or limited herem. Antenna structures and satellite dishes shall not be located wlthm twenty (20) feet of any property line (Ordmance No 10595, 5/1/94) BulldIngs shall not be located In required front or Side yards Comer lot structures and plantmg shall comply with Section 20 07 090 (Use LimitatIOns on Comer Lots) Barbed wire fences are prohibited m residentIal dlstncts of two (2) UnIts per acre and greater, except as accessory uses to agrIcultural operatIOns of one (1) acre or more On Industnal and commercial uses, the strands shall be restrIcted to the uppermost portIOn of the fence and shall not extend lower than a height of SIX (6) feet from the nearest ground level !., I, ,:1 f! ," ).):1 'I'.'.:".: 11.'.11: " ci if :1 :i W Ithm the ResidentIal 3-6 UnIts per Acre and ReSidential 4-16 Umts per Acre Dlstncts located Within the Grand Mound urban growth area, accessory dwellmg umts are permitted as follows a There shall be no more than one accessory dwellmg UnIt per lot m conjunctIOn With a smgle-famlly structure I \ I b An accessory dwellmg UnIt may be attached to, created wlthm, or detached from a new or eXIstmg prImary smgle-famlly dwellmg UnIt 34 - 1 ! 1 i! L c The accessory dwellmg umt WIll reqUIre one parkmg space, whIch IS In: addItIOn to any off-street spaces reqUIred for the pnmary smgle-fa() dwelhng umt "--/ ... d The pnmary entrance to an accessory dwellmg umt shall not be vISIble from. the yard on the same sIde of the lot on WhICh the pnmary entrance to the pnmary smgle-famIly dwellmg umt IS located e To ensure that the accessory dwellIng Ulllt IS clearly secondary to the pnmary dwellmg Ulllt, the floor area for the accessory dwellmg Ulllt shall m no case exceed 800 square feet, nor be less than 300 square feet, and the accessory dwellmg umt shall contam no more than two bedrooms OJ f. No more than one famIly, as defined m Chapter 20 03, shall be allowed to occupy an accessory dwellmg Ulllt. a t> An accessory dwellmg umt, together WIth the pnmary smgle-faIUlly- dwellmg umt WIth whIch It IS assocIated, shall conform to all other provIsIOns of thIS Chapter 6 h All accessory dwelhng umts shall conform to the Umform Buddmg Code. and all other apphcable codes and ordmances ] (J'l Guest house or rooms for guests m an accessory structure may be permItted In-all residential dIstncts provIded such house IS used for the occasIOnal housmg of guests of the occupants of the pnnclpal structure, and not as rental UllltS or for permanent occupancy as housekeepmg UllltS No kItchens shall be allowed m guest houses or rooms (Ordmance No 11025, 10/30/95) 7 Parkmg or storage of small cargo traders and major recreatIOnal eqUIpment 10 ReSidential and Rural DIstncts, mcludmg but not lImited to boats, boat trailers, campmg traIlers, travel traIlers, motonzed dwellmgs, recreatIOnal vehicles, tent traders, houseboats, and horse vans are subject to the followmg lImItatIOns a. Such equipment shall not be used for hvmg, sleepmg, or other occupancy associated WIth reSidential uses when parked, or stored on a resldentwllot, or m any other locatIOn not approved for such use These types of eqUIpment are mtended for recreatIOnal use only and do not meet buddlllg, fire and safety, and health code standards associated WIth reSidential uses. Temporary occupancy IS permItted but shall not e\.ceed thIrty (30) days In any SIX (6) month penod Two (2) thirty (30) day temporary occupancies wlthm any twelve (12) month penod must be separated by a mllllmum 01 at least forty-five (45) days 34 - 2 o ~ I o e o .f Post-it" Fax Note 7671 l~ . . "I ~;, u~~ o~~\ TITLE 14 Fax" Gutters; k. Chimneys; 1. Walls, Fences, and. Hedges (fWDt yard), m. Walls. Fenr:cs, and H~d~~ (side yards), n. Color:>; o. Driveway; p. Pavement Textu T'CS; Matcnals and Fall II - .- detached single family applications may be waivcd by the director if building plans and other application materials are detailed enough to review compliance with Section 14.23072 The design voCAbulary shall respond to the general and specific desIgn standards as specified in this chapter A Iis~g of significant. compatiblt: katt,J.res that will be incorpora~d into the design of the buildmgs and s~pe shall be pJ'epared in matrix form. Photographs, colored images, drawings, Or a cOl;llbinatton can be used. The horizontal axis oC tile matrix shall include all the categories of residential, commercial, parks .and open space, and industrial if used. The vt:1;'tica1 ~s of the matrix shall include the following: a. Building Mass and. ~tyle - which ID.cllldc~ the bu.lk, IIlQ:>$ or s1:z~ of the selected huilding types and the style selected, b. Rooiili and Roof Materials - the vartous types and Pltl;ht:::s of rools; c_ Facade Treatment and Facade Matenal.s - the types of U'lat.mals. ta:tures and colors; d. Entry and Doers - door openjngs and the area ~ediately &UtToundmg; c. Windows - wmdow types with .J detailing; ~ t Eavcs. Porches and Arcades - decoratIve building elements, like pergolas, cupolas. $hutters, etc., g. Decorative 1'=. Details of these featu~s in elevation and t>eetion that refl~ct the a:rchiteC!l.U"a1 styles selected both vertical and horizontal: h- Towers, 1. Cross Gables and Dormers; q Curb Treatment; r Streetlights; s. Street Signs: t. S~t Fumitl.l.Tfi!. Under each C4\t1:gory sp'Cdfic wnttf:n instructions can be included. Se~ Table 14T.lO. (Ord. 1024~, 1995; Ord. 944 ~l (part), 1992). ~14.23.071 Desip crtteria {Ol' acc;esso~ K dwelling units. Accessory- dvn:lling ,;ntits are a necessaxy and desirable use for aU resid.ential neighborhoods. Becau:sc: of the increa~d density they repn;~t and providing of an additional dwelling unit in a non-conventional way, it is important to have the units blend in 'Wltn and complement the primaty U$e on lots. It is also important to en$tu'e that both residents of the accessot'Y dwelling unit and main unit have adeqUate privaey To do this, special design features art req~. A. To the extent practical, maintain privacy of adjacent resid.ences by 'l,1,sing a combination of landscaping, screening. f~dng. window and door 'Pla~e:nt to reduce the opportunity of - ~ d.wellmg units having direct visl"bili1;y inw wind~, pOrches .and decks. B Where practical, the drIveway to a separate, detached acc:CS$OTy unit should be consolidated with the existing d.rivewa.y a:rea. For accessory units contained within the primaJy residence. there should be a cl~ly defined, $.eparatc ent:ryway C For those acce$$ory 'QIUt:s that. are detaened, distance separation between 14.23 - 5 , Lacey 04/98 the primary residence shall meet bUildmg codo requirements. D Ensure that accesSOI)' dwelling unit fits into the neighborhood and l:ontribures to th~ livability of tile neighborhood.. 1 Ensure ~t roof breaks and pitch closely relate to the primary ~dence. Window proportions should ~ompl1:ro.ent the e.cce3:s.ory unit as well. 2. Use similar ~rior materials (roof. siding and trim) and a color that co:rnplements the primary residence. 3 In general, the root ridge of the prim.ary rcsicl1::nce should be higher than the accessory dwelling unit. An exception is when the accessory dwdling unit is built onto the second story of an existing unit. E. Pax'kine. At least one parking space should be provided for the accessory dwelling unit. This parkin~ space may be provided in a garage under the unit, a parking space adjacent to the a}ley, or, If available, by on-street parking. (O.-d. 1024 !'j3, 1995) 14.23.072 Pesign criterb. for zero lot tine developments and small lots (lots less than 4000 "lWU'e feet). Because of higher densitiee u.ecessitating compact form and closer praxnnity of units, building design is critical to $Uc::cessful devclop,nents. Design should prQtec:t privacy. !j:\1st31n and creatt: attractive and functional nQghborhoods and promote quality livmg environments, A_ Contribute to the: arcll1t,e~ cl1aractcr of the street: L Roof design. Pitched or articula.ted roof liDe. or other roof e.l~~t such as eyebrow roof forms 01' dormers that em.phasize bUilding fonn and h81p it to fit in -with neighboring sttuctures with pl'Ominent roo!s- 2. A.rchitec:tura1 details th~t are well proportioned to achieve good human liC2Ile such as. a. entry details like porl;ht!:s and recesses; b Qc:cupiable spaces lik~ bay windows and balconies; U,cey 04/98 14.23 - 6 c. 'Window details Uk~ vertically proportioned Wltldow openings which are recessed 'into the face of the building and broken up with smaller panes of glaS$; d. roof details like brackets, chimneys, roof oveThangs, and e. windows which create reller in the facade by b=g detailed to appear to recede into the buildmg face, 3 Use of horttonta1lap siding on walls or u~c:: of trt!:llis and land:OE;:aping on a~a~nts~ey~sorolliers~~ treatment 'to create a separation between y:ard$ and beautify private space where zero lot line concepts are used or where units ue e,lose and highly visible lo one anoth1:J' because of reduced setba.c:ks and small lot size. 4 Provide clearly defined .building entn~$ which face the street and ne well lighted and ~sily aceeS$ible. a. 7h~ entries sh<rnld Include a transition space from the sidewalks, sul;h as steps, a porch, a t1:ITacc, or a landscaped area. b. Ehtries should include eave overhangs. Raised porches are recom.J:Ilended, paTtic:ularly W'h~e front )~d setbacks have been reduced. Raised porches h~p ddine privatf: space yet create a pedestrian-friendly street Sl:a,pe. c. If c:xterior sta.irways arc u:sed, they should be simple, bold projection$ of s~ to fit ~th the architec;:t:u.ral m\'l~g ami fonn of the building and the neighborhood. Thin-looking, open metal, prefabricated =t:airs and railings are discouraged. 5 DeSJgr.l $tteetscapes in a "Nay that garages do nOt 40minate the street and facade of the l1;&icl.cntia! ~ijd.in.g: a. Garagn should be loc:.ated off of alleys, if possible, behind or 1I1 ba.c:k of reSldences, $tepped back. from the fa.c:ade of the building, ... o o I o~ ... . 1'_ Thcoma I r.~'. --~~~"-~,~ ! t LAND USE L_"-~'--~j~~~[~~t~l~w~t;t~~~~:~@,{o~it"'ltirL4~JGL;,,;; The Tacoma City Council recently adopted an ordinance which makes it legal to have accessory dwelling units. Accessory dwelling units (ADU's) are intended to provide a means for companionship and security for homeowners, add affordable housing units, provide greater choice of housing and provide for increased density in order to better utilize investments in streets, roads, sewers and transit What is an accessory dwelling nnit and where may I establish one? An ADU, (sometimes referred to as a mother-in-law apartment) is defined as a second subordinate dwelling unit added to or created within a single-family dwelling (main dwelling) with a provision for independent cooking, living, sanitation and sleeping. Who may live in an ADU? The ADU may be occupied by anyone. The only limitation is that the owner of the property must live in either the main dwelling or the ADU and must sign an affidavit attesting to his or her residency and stating that at no time does he or she receive rent for the owner residency unit. OWhat are the size limitations? The ADU cannot exceed 33 percent of the total square footage of the main and accessory dwelling units combined. The ADU also cannot contain less than 300 square feet nor more than 800 square feet. How may people may live in an ADU? That depends upon the size; no more than two persons may live in a unit of 300 to 400 square feet, no more than three persons in a unit of 40 1 to 600 square feet, and no more than four persons in a unit of 60 1 to 800 square feet. May I have more than one ADU on my property? No, the ordinance only allows one ADU per residential lot. Can I convert my garage to an ADU? The ADU must be part of the main building; therefore, a detached garage may not be converted to an ADU An attached garage could be converted to an ADU, provided that the size limitations could be met, and that the required off-street parking could still be provided. In addition you should be aware that there are building code requirements regarding natural light, and ventilation, energy conservation and emergency access that must be adhered to. What about required parking? One off-street parking stall must be provided for the ADU in addition to the parking required for the main dwelling. The current requirement is two stalls for each main dwelling. Any new stalls are required to be located in the rear of the property, provided adequate access (dedicated gravel street or alley as a minimum) is available. o City of Tacoma 1 747 Market Street, Room 345 1 Tacoma, W A 98402-37691 Phone No. (206) 591-5363 PWK 4041 0001 (1011314 Odoller 111I "-'" \. Are there anydeslpCllBSiderations I should be aware of? Ifan additionis~g planned for the ADU, the design of the addition must be consistent with the existing 0 facade, roof.pid;, type of siding and windows. Only one entrance is pennitted in the front facade of the house. If a separateUlftide entrance for the ADU is necessary, it must be located on the side or rear of the main building. In~. Ary, the house with an ADU should maintain the appearance of a single-family residence. Do I have to gotl1ralcla all this bother just to have my son or daughter or other relative live with me temporarily? No. The ADU ClIIllIinance does not prevent your son or daughter from living with you. The ordinance does allow you to e5tbI!Jlish a separate living unit for them or for other persons to provide for longer tenn separate livingsituatiolJS. I just want to put a_II kitchen in my basement recreation room. Am I subject to the ADU ordinance? Separate cook.1Jig. sanitation and sleeping provision are the essential components of an ADU The City will not approve the imtIDation of a separate kitchen in a single-family home, except in confonnance with the ADU ordinance. I have an existingADUin my home. Is it grandfathered in? Only if it can be dearly established that it existed prior to May 18, 1953 or on the date your property was zoned to single-fanuly. Far those which did not exist prior to that date, the owner must apply for an ADU pennit prior to December 31" 1995 and bring the unit up to minimum housing code standards. How do I go abouteeamg approvaUor an ADU? You must subnUtan application fonn to the Building and Land Use Services Division of the Public Works Department, 3Jd floor, Tacoma Municipal Building. It must be accompanied by an affidavit of owner 0 occupancy Y.ou also need to provide floor plan, site plan and plans for structural modifications, just as you would for any pennits for any other modifications to your home. These plans should be to scale providing accurate measurements. This must be submitted together with the $500 fee, which is in addition to building, plumbing and electrical pennit fees Which you may need. What is the fee used for? The fee is intended to cover the processmg of the penn it, inspection, notification, recording of the agreement and enforcement. For existing ADU's which are being legalized during 1995, the fee is $100 In addition, the City Council provided for fee waivers for low-income seniors or disabled persons in the same manner as Building and Land Use fees are waived. What if I sell my home? The new owner is required to sign a new affidavit and register the ADU with the City, paying a reauthorization fee of$100 The alternative is to remove the items which make the area of the house a separate ADU and apply for tennination of the Concomitant Agreement with the City What if I have more questions? Contact the Building and Land Use Services Division, 3rd Floor, Tacoma Municipal Building, 747 Market Street, Tacoma WA 98402, phone 206-591-5363 Request to speak with one of the planners and pick up a copy of Ordinance No. 25624 REFERENCE. TACOMA CITY COUNCIL ORDINANCE #25624 (Adopted November 8, 1994) o Q:\Artlcle\P\I\I\Bldgs\ADU.Ooc Revised 1/19/95 Otfice Systems B n '''-.-/ c c 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 City of Yelm Date March 9, 1999 To Yelm Planning Commission From Cathie Carlson, City Planner Re Development Standards for the mailboxes List of Exhibits. Exhibit I - Public Hearing Notice Exhibit II - Public Works Standard for mailboxes Exhibit III - Proposed Amendment to the City of Yelm Development Guidelines, Section 4G 070, Mailboxes A. PUBLIC HEARING OBJECT: The Planning Commission must determine if the proposed development standard is consistent with the applicable City of Yelm Municipal Code(s) After consideration of the facts and public testimony the Planning Commission must take one of the following actions request additional information from the staff, continue the public hearing or make a recommendation of action to the City Council B. PROPOSAL. The Post Office IS now offering route deliver to all residents in the City of Yelm To deliver mall, in most situations mailboxes will be placed in the public right of way City staff and Post Office staff are proposing to have at least one mail box center per block and a specific standard for installation of mailboxes and mailbox centers as depicted on the enclosed drawing (Exhibit II) City and Post Office staff would determine the location of mail box centers for each block. C. FINDINGS. 1 Proponent. City of Yelm and Yelm Post Office 2 Location City wide 3 Public Notice Notice of the Public Hearing was published in the Nlsqually Valley news on March 5, 1999, an posted in public areas on March 1, 1999 c f\ o c 4 Municipal Code Development Standards, Section 4G Roadside Features, Section 4G 070, Mailboxes D. STAFF RECOMMENDATION. Staff recommends the Planning Commission forward Section 4G 070 as modified and the mail box construction drawing to the City Council for review and approval o City of Yelm Exhibit I Public Hearing Notice NOTICE OF PUBLIC HEARING YELM PLANNING COMMISSION DATE: PLACE: PURPOSE: Monday, March 15, 1999,4:00 p.m. Council Cham bers, City Hall, 105 Y elm Ave W., Yelm W A Public Hearing to receive comments on the adoption of new development standards The Yelm Planning CommissIOn will hold a pubhc heanng to receive comments on the adoption of new development standards for the placement of mailboxes throughout the city A recommendatIon will be forwarded to the Yelm City Council, and action taken at the 3/24/99 city council meeting. Testimony may be given at the hearing or through any written comments on the proposal, received by the close of the public hearing on March 15, 1999. Such written comments may be submitted to the City ofYelm at the address shown above or mailed to City ofYelm, PO Box 479, Yelm WA 98597. o Any related documents are available for public review during normal business hours at the City ofYelm, 105 Yelm Ave W., Yelm WA. For additIOnal mformatIOn, please contact CathIe Carlson at 458-8408. The City ofYelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate, call the City Clerk, Agnes Benmck, at (360) 458-8404, at least 72 hours before the meeting. ATTEST City of Yelm /:~MA yJ ~itAA ~ k_ Agr'1s Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Pubhshed in the Nisqually Valley News. Fnday, March 5, 1999 Posted in Public Areas: Wednesday, March 3, 1999 MaIled to Adjacent Property Owners. nla o o o o City of Yelm Exhibit II FACE OF CURB f "" '" v n t> <l "l <l V "l ~ t "J:: =t:: <l - 18" t> <l --' - NOMINAL WI~H MIN. OF SIDEWA~ "'v ~ <l ~ <l V .< 1> ------ ./ t <l n 1> '" + <l ~ ~ I> ~v q PLANTING <l STRIP t> v ~ ~ t> q <l t> <l q t> ~ 1> '" 1>q V ~- 4"X4"(TYP) Development Guidelines Drawing No. RESIDENTAIL MAILBOX(TYP ) 4:<4 COLUMN CUSTOMER & POSTAL ENTRY GENERAL NOTES. 1 SEE DEVELOPMENT GLlDElINE 4G.070 FOR ADDITIONAL REQUIREMENTS. 2 LOCATE OUTSIDE INTERSECTION SIGHT-DISTANCE OBSTRUCTION AREAS 3. ALL DIMENSIONED LUMBER SHALL BE PRESSURE TREA TED ALL NAILS AND CONNECTION BRACKETS SHALL BE GALVANIZED 4 MAILBOXES SHALL CONFO~M TO U S.P S REQUIREMENTS AND SHALL HAVE THE STREET ADDRESS OF THE SPECIFIC LOT ON THE MAILBOX DOOR 2x4 16"0 C. 2x4 CROSS BRACE 2x6 NOMINAL WIDTH ... OF SIDEWALK _\ ATTACHMENT AS PER U S P S. REQUIREMENTS PLANTER 3'---! 4" SIDEWALK FOOTINGS PER U.s.p.s. REQUIREMENTS 2' MIN LENGTH VARIES = # MAILBOXES x 12") MAIL BOX CLUSTER DETAIL NOT TO SCALE o City of Yelm Exhibit III Proposed Amendment to Development Guidelines, Section 4G.070, Mailboxes Yelm Development Guidelines, Section 4G 070 Mailboxes A. When preparing plans for new developments, contact the local U S Postal service, They will provide location, type and design of neighborhood delivery and collection box units were applicable for each development. Any details provided by the U S Postal Service must be included in the plan set. Refer also to the WSDOT Design Manual section 730 B During construction, existing mailboxes shall be accessible for the delivery of mail or, if necessary, moved to a temporary location Temporary relocation shall be coordinated with the U S postal Service Contact the U S Postal Service before reinstalling the mailboxes at the original location or to a new location, if construction has made it impossible to use the original location C. Existing uses or new construction on lots of record who chose to have site delivery will install mailboxes at the mailbox center desiqnated for said property. The placement of mailbox centers shall be determined by the City of Yelm and the U.S. Postal Service. Mailbox centers and mailbox installation shall be in accordance with Drawing No. of this Chapter. o o (', L____..._ e c 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 City of Yelm AGENDA CITY OF YELM PLANNING COMMISSION MONDAY, MARCH 15, 1999 4 00 P M YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE W 1 Call to Order, Roll Call, Approval of Minutes - February 16, 1999 mmutes enclosed 2 Public Communications (Not associated with measures or topics for whIch publtc hearings have been held or for whIch are antIcIpated) 3 Public Hearing Applicant: City of Yelm/U S Postal Service Proposal Amendment to City Development Standards to mclude construction details for cluster mailbox centers and placement requirements Location City Wide 4 Zoning Code Amendments Worksession Secondary dwelling units, accessory units and construction standards for pedestrian paths Staff reports enclosed 5 Other' 6 Adjourn - Enclosures are available to non-Commission members upon request. If you need special arrangements to attend or participate in this meeting, please contact Yelm City Hall, at 458-3244 NEXT REGULAR MEETING, MONDAY, APRIL 19, 1999, 4 00 PM c e c Motion No. 99-03 YELM PLANNING COMMISSION MINUTES February 16, 1999 YELM CITY HALL COUNCIL CHAMBERS The meeting was called to order at 4 00 P m by Joe Huddleston Members present: Glenn Blando, E J Curry, Joe Huddleston, Bob Isom, Ray Kent, Roberta Longmire Guests Glen Cunningham-City Council Liaison Staff' Shelly Badger, Cathie Carlson, Dana Spivey Members absent: Margaret Clapp, Tom Gorman, John Thomson Approval of Minutes: MOTION BY ROBERTA LONGMIRE, SECONDED BY BOB 150M TO APPROVE THE MINUTES OF JANUARY 19,1999. MOTION CARRIED. Public Communications There were none Zoning Code Amendments: Work Session Work session on Chapter 17 63, Manufactured/Mobile Homes-continued from last meeting Cathie Carlson talked about the changes made at the last meeting Cathie then stated that the last topic of discussion for this work session would be on internal parking and walk-ways inSide a mobile home community (park) Roberta Longmire asked about gravel for walk-ways? Cathie stated that gravel is not allowed, because It IS not ADA assessable (for disabled/handicapped) Shelly suggested siting the ADA regulations somewhere In the code Joe Huddleston asked about "Grass-Crete"? Cathie stated that It is more expensive but It is better for the environment. Bob Isom asked on what basIs are we making it ADA compatIble? Cathie said It IS required by ADA standards There was more diSCUSSion Roberta asked - If we would require two parking spots at each home Site, why do we need two sides of on-street parking? Cathie suggested the two parking spots at each home, plus, one side on-street parking, and a number of designated parking spots around the mobile home community/park Cathie stated that she would have engineers draw up the cross sections to show the standards which we require There was diSCUSSion Yelm Planning Commission February 16 1999 Page 1 e c c Everyone agreed that 2 parking spaces at each home site, 4 ft. sidewalks on both sides of dnvlng lanes, one side on-street parking @ 7 ft., 22 ft. driving area (2 lanes @ 11 ft. ea ) and 1 parking spot per every five homes In the community/park. Joe asked Cathie If a motion is needed? Cathie said no, because this is a work session, she will make the changes Other' Correspondence - Cathie stated that the Port of Olympia will hold its February 23rd meeting In Yelm Also, the City of Tenino is having a planning workshop on March 1 Qth, Cathie will attend and thought it would be good If planning commission members attended Meeting adjourned at 4 25 P m Respectfully submitted, ~ Dana Spivey Tom Gorman, Chair Date Yelm Planning Commission February 16, 1999 Page 2 c City ofYelm e e 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 Date February 9, 1999 To Yelm Planning Commission From Cathie Carlson, City Planner Re Manufactured Homes - Chapter revisions Enclosed IS a revised draft of Chapter 17 63 The revisions reflect the discussions held at the January 19, 1999, Planning Commission meeting Revisions to the original draft are indicated by text that is lighter in shade and underlined Issues that need further discussion are noted following the issue c e e Chapter 17 63 MANUFACTURED HOMES Sections 1763010 1763020 1763030 17 63 040 1763050 1763070 1763080 1763095 Intent Definitions Designated manufactured home requirements Manufactured home subdivision development standards Manufactured home subdivision --Review Manufactured home community--Development standards Manufactured home community--Site plan review Manufactured home community design standards--Stormwater runoff 1763010 Intent. It is the intent of this chapter to A. Permit the location of manufactured homes as a permanent form of dwelling unit in certain districts and as an accessory use or a temporary use in certain other districts, B Provide standards for the development and use of manufactured homes appropriate to their location and their use as permanent, accessory or temporary facilities, C Designate appropriate locations for such dwelling units, D Ensure a high quality of development for such dwelling units to the end that the occupants of manufactured homes and the community as a whole are protected from potentially adverse impact of such development or use, E Provide for city review of proposed manufactured home communities and subdivisions, F Make a distinction between manufactured home communities and manufactured home subdivisions, and their development and occupancy characteristics 1763.020 Definitions. A. "Designated Manufactured Home" means a manufactured home on an individual parcel that is used for residential purposes It is a single-family dwelling built according to the Federal Manufactured Housing Construction and Safety Standards Act of 1974 B "Facia" means a type of wainscoting which encloses the lower part of the manufactured home, covering wheels and undercarriage C "Footing" means that portion of the support system that transmits loads directly to the soil D "Ground set" means the installation of manufactured homes with crawl space elevation three inches or more below elevation of exterior finished grade 17 63 - 1 E "Main frame" means the structural component on which is mounted the body of the manufactured home "Manufactured home" means a single-family dwelling built according to the Federal Manufactured Housing Construction and Safety Standards Act of 1974 A manufactured home Includes plumbing, heating, air conditioning, and electrical systems, and is built on a permanent chassis. o F G "Mobile home" means a factory-built dwelling built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards H "Manufactured housing community" means a residential development typified by single ownership of land within the development, with the landowner retaining the rights of ownership Home sites within the community are leased to individual homeowners, who retain customary leasehold rights "Manufactured home subdivision" means an area of land, platted in accordance with the subdivision or platting regulations of the city and the state of Washington, in which each parcel or lot is designed and intended to be owned in fee by a person or persons also owning and occupying the manufactured home J "Modular home" means a structure constructed in a factory of factory assembled parts and transported to the building site in whole or in units which meets the requirements of the Uniform Building code This includes prefabricated, panelized, and modular units shipped either preassembled or assembled at the site o K. "Pier" means that portion of the support system between the footing and the Manufactured home, exclusive of caps and shims L "Support system" means a combination of footings, piers, caps and shims that will, when properly installed, support the mobile/manufactured home 1763030 Designated Manufactured Home Requirements Manufactured housing units placed on a lot outside of a manufactured home subdivision or manufactured home community shall comply with the following requirements A. Permitted Use A designated manufactured home is a primary use on existing lots in all residential districts (R-4, R-6 and R-14 ) B Foundation Homes shall be set below grade on ribbon-footings and a permanent foundation shall be constructed around the perimeter No more than twelve inches (12") of the perimeter foundation shall be visible or above the finish grade of the lot. Size and Compatibility with Site-Built Housing. Manufactured housing shall be compared to site-built housing in the neiQhborhood within the same zoninQ district. In general, manufactured homes shall be comprised of at least two (2) fully enclosed parallel sections with a total width of a least twenty-four (24) feet and a length of at least thirty-six (36) feet. Approval for the manufactured home shall not be qranted 0 17 63 - 2 o o e unless it is found that the manufactured home is substantially similar in size, siding, material. roof pitch, roof material and general appearance to the site-built housing which may be permitted by the zoning and/or building code in the neighborhood in the same zoning district. D Age of a Manufactured Home The age of a manufactured home, as reflected on the title, shall not exceed a maximum of five years at the time of installation E As an accessory use for security or maintenance personnel in the following districts, subject to site plan review' 1 Heavy commercial zone (C-2), 2 Industrial/ warehouse district (I/W), 3 Industrial district (I), 4 Open space/institutional district. F As temporary or emergency use in 1 Any district as part of a construction project for office use of construction personnel or temporary living quarters for security personnel for a period extending not more than ninety days beyond completion of construction A thirty day extension may be granted by the city manager upon written request of the developer and upon the manager's finding that such request for extension is reasonable and in the public interest, 2 Any district as an emergency facility when operated by or for a public agency; 3 In the open space/institutional district where a community need is demonstrated by a public agency such as temporary classrooms or for security personnel on school grounds 1763.040 Manufactured Home Subdivision Requirements. The following requirements apply to manufactured home subdivisions A. Permitted Use As a primary use in the following districts, provided the subdivision is not less than five nor more than twenty acres in the 1 Low-density residential district (R-4), 2 Moderate-density residential district (R-6), 3 As part of a planned residential development as provided for in Chapter 17 60 of this title 17 63 - 3 B Foundation Homes shall be set below grade on ribbon-footings and a permanent foundation shall be constructed around the perimeter No more than twelve inches (12") of the perimeter foundation shall be visible or above the finish grade of the lot. o C Size Manufactured homes shall be comprised of at least two (2) fully enclosed parallel sections with a total width of a least twenty-four (24) feet and a length of at least thirty- six (36) feet. In a Master Planned Community or Planned Residential Community the City Council may waive the minimum size requirements for manufactured homes for up to twenty percent (20%) of the total number of residential units allowed. D Lot Size and Width The minimum lot size and width for a manufactured home in a subdivision shall be as follows 1 Low-density residential district (R-4) - 5,000 square foot average lot size with a fifty (50) foot minimum width 2 Moderate-density residential distnct (R-6) - 4,000 square foot average lot size with a fifty (50) foot minimum width E Setbacks Setbacks shall be those of the underlying residential district. F Development Coverage Development coverage shall be that of the underlying residential district G Development standards A manufactured home subdivision shall be subject to the same land development and site development standards that apply to conventional subdivisions o H Open Space At least five percent (5%) of the gross parcel shall be dedicated as open space and located in a centralized location or locations for recreational uses, as required by YMC, Chapter 16 14, Parks and Open Space Age of a Manufactured Home The age of a manufactured home, as reflected on the title, shall not exceed a maximum of five years at the time of installation 17 63 050 Manufactured home subdivision--Review All manufactured home subdivisions shall be reviewed and approved according to the provisions of YMC, Title 16, Subdivisions 17 63.070 Manufactured housing community - development standards. The following requirements apply to manufactured housing communities A. Permitted Use As a primary use in the following districts, provided the manufactured housing community is not less than three acres nor more than fifteen acres in the 1 Moderate-density residential district (R-6), 2 High-density residential district (R14), with a maximum density of six units per o 17 63 - 4 o o e acre B. Size. There are no minimum size requirements for manufactured homes in a Manufactured Home Community. All manufactured homes shall comply with construction standards as defined in Section 17.63.020, Definitions. "Manufactured home." C Setbacks Setbacks shall be those of the underlying residential district. Yard setbacks along the perimeter of the property shall be in addition to the required buffer D Development Coverage Development coverage shall be that of the underlying residential distnct. E Lot Size and Width The minimum lot size and width for a manufactured home in a community shall be as follows 1 Minimum space area four thousand square foot average, 2 Minimum width forty feet; 3 Minimum depth eighty feet; E Buffering. A twenty foot (20'), Type I Landscape Buffer shall be required around the perimeter of the site. Buffering average is allowed provided no buffer area is less than fifteen feet (15') in width. G Open Space At least five percent (5%) of the gross parcel shall be dedicated as open space and located in a centralized location or locations for recreational uses, as required by YMC, Chapter 16 14, Parks and Open Space H Age of a Manufactured Home The age of a manufactured home, as reflected on the title, shall not exceed a maximum of five years at the time of installation Access 3 Each Manufactured home site shall have access from an interior drive or roadway only 2 Access to the manufactured home community shall be limited to not more than one driveway from a public street or road for each two hundred feet of frontage J Parking 1 Off-street parking shall be provided in accordance with Chapter 17 72 of this title 2 On-street parking - Minimum seven (7) foot parking on each side of the street or minimum seven (7) foot parking on one side of the street and a parking area for quests of at least one space for each five homes Parking areas shall be 17 63 - 5 located in a centralized location or locations Needs further discussion o K. I nterior Streets 1 No manufactured home community shall be constructed to block connecting streets shown or proposed as part of the Yelm comprehensive plan 2 All interior private streets of the community shall have minimum eleven (11) foot driving lanes Needs further discussion 3 Manufactured home communities shall connect with traffic and pedestrian ways on all abutting or connecting streets 4 All streets, roads and driveways shall be paved to a standard of construction acceptable to the public works department. Interior pedestrian walkways, carports and parking areas shall be paved L. Pedestrian Walkways Minimum four (4) foot internal walkway shall connect each space with common areas, internal roads, public streets and parking areas All walkways must be separated, raised, or protected from vehicular traffic and provide access for handicapped persons Needs further discussion M Accessory Buildings 1 Buildings or structures accessory to individual manufactured homes are permitted, including enclosed carports, provided that the total development coverage of the space shall not exceed the development coverage permitted in Section 17 63 120 o 2 Buildings or structures accessory to the manufactured home community as a whole, and intended for the use of all manufactured home occupants are permitted, provided the building area not exceed one-fourth of the common open space area 17 63 080 Manufactured home community--Review All manufactured home communities shall be reviewed and approved according to the provisions of YMC, Chapter 17 84, Site Plan Review 17 63.095 Manufactured home community design standards--Stormwater runoff All stormwater runoff shall be retained, treated and disposed of on site or disposed of in a system designed for such runoff and which does not flood or damage adjacent properties Systems designed for runoff retention and control shall comply with specifications provided by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5 of the Yelm Development Regulations, Drainage Design and Erosion Control Standards for the City of Yelm o 17 63 - 6 o Port of Olympia Commissioners c January 20, 1999 Jeff Dickison Steven Pottle Bob Van Schoorl Dear Commumty Member, The Port CommIsSion mVltes you to partIcIpate m a senes ofmformatIonal forums on the Port's shlppmg ternunal The forums WIll be sponsored by the Port m February and March and wIll both convey mformatIOn about the Port's current plans and solICIt commumty mput. A complete schedule of events IS attached. The outreach process wIll proVIde mput to the Port CommISSion regardmg whether the Port should "stay the course" provided in the comprehensive plan for the marine termInal. From 1993 to 1995, the Port conducted an extensive commumty process to develop a comprehensIve plan for Port propertIes. The Port adopted the plan In 1995 Dunng thiS process, a publIc survey and commumty mput demonstrated a hIgh level of support for a workIng waterfront through contmued shippIng actiVItIes. The Port CommiSSion mamtamed thiS traditIon m the comprehensive plan wIth the manne termmal c The essentIal question of the forums IS whether local or InternatIOnal CIrcumstances have changed SInce adoptIon of the comprehenSIve plan In 1995 to warrant a reVIew of the Port's dIrectIOn for the manne termInal as a busIness umt. The Port SIgned Sunmar ContaIner LInes In 1996 with strong commumty support. Sunmar was a major step forward under the comprehenSive plan toward dIverSIfYIng the termInal toward contaIners The faIlure of the Russian economy caused Sunmar's resultIng departure last fall GIven the loss of this major customer, the Port CommISSion has deCIded to conduct this examInatIon of the manne termInal, IncludIng busIness opportumtIes. Currently, the Port CommISSIOn remaInS commItted to the marIne termInal, and Port staff IS aggressIvely marketIng the termInal for new customers The Port's goal IS to diverSify the termInal, attractIng small to medIUm SIze shIppIng compames on both a regularly scheduled and mtermIttent basIs, and bnngIng general or project cargoes. -The ten11lnal contmues to support forest product exports and has recently obtaIned customers for wood chippIng, glass recyclIng, and project cargoes InformatIOn Will be avaIlable from the Port at local lIbrarIes after February 4 and wIll be posted on the Port's webslte at www.portolympla.com. We welcome your WrItten or electromc comments. We look forward to your partICipatIOn In the process. If you have any questIons, please do not hesItate to contact any CommiSSIOner or Port staff at (360) 586-6150 O~)~ Bob Van Schoor! CommISSIon PreSIdent Jeff~ckIson Port CommiSSIOner Steve Pottle Port CommISSIoner 915 Washington 5treet NE. Olympia.WA 98501 6931 Tel (360) 586-6150 Fax (360) 586-4653 inquiries@portolympia.com I Executive Director. Nick Handy o cr · port ot O\'1rnp\3 INtORM",'nON"'L rORUM " I h' ing and international trade FebruarY 4.1999. . . . . . . . . . . . . . . . .' Informational fortJm aboutthe port of OlympiaM rtan~.e T:~~aM:ri:;:Tem,inal 7"00 _ 9:00 I'M come and learn about current plans and oppo unlles L & \ Audltonum... Have your questions answered, 727'3 underson '/'Ja\} 5'1'4 1utnwater t.JIari ne i ertTI i nal CotTI tTI unit'{ foru tTlS PORT ,oURS f 01 . Marine Terminal FebruarY 6. 1999 . . . . . . . . . . . . . . . . . . A ortunity to tourthe facilities at the port 0 ympla ~ 0 00 ",M _ ~ 2 00 I'M ; :~~ is limited, please call to sign up at 586-6150 port ot OlympIa p . . .01'1'.1'1 rORUM ' . . f 01 ' commiSsion on international trade FebruarY 11. 1999 . . . . . . . . . . . . . . . An opportunity for open diSCUSSion With the port 0, /~~~s and Organizations are encouraged 7'00 _9'00 I'M. ' .,.. and a working waterfro(1t atthe port of Olympl~ n IVI . General ",dmlnlstration Md\tonum ltend and present vieWS to the port commiSSion ~ ~ In ",venue to a O\\}tn?\a COIolMUNI1'( It.l\OI'.RS ROUNOT"'IILI'. " ther the port should "stay the course" in FebruarY 17.1999 . . . . . . . . . .' . . . . . . Roundtable diSCUssion with the portcommlsSIOr o~I:~:d officials and other community leaders 730 _ 900 ",M the com rehensive plan on the Manne Termlna ' , Lacey communiI'! center 'II be i~vited for a direct diSCUssion with the port commiSSion 6729 pacilic ",venue s~ WI Lace\} ~3 1999 .. .. . . .. . .. . ..PORT PLI'NNlNG ANO j\O'iISORp'< rt~O~Mrr:nEgl'. ~~~N:d~;~\~~mmilte!l Will revieW the outreach FebruarY ~ , . . . The port CommiSSion and the 0 s annl . rJ1'ng the Marine Terminal 7 00 _ 9.0Q pM: . process and disCUSS staff recommendations conce I '{ e\tn cotntnun\t\j center 624 Cl)lstal springs Road 1'1\11I Ye\tn . pORT CoMloIISS10N t.JIl'.l'.TING . rt red by staff and provide poliCY direction on Nlarch II. 1999. .' . . . . . . . The port commission will revieW the final repo prepa 630 _ 900 I'M M' T rm'nal "-onera\ J'.dminislration J'.uditorium the anne e I . ' . . t 586-6150 or WW"',portoIY~ .... '~forma~" the port ~ a . ~ u o o BACKGROUND The Port of Olympia has been serving transportation and intemational and shipping needs for Northwest customers since 1922. The 1995 Port of Olympia Comprehensive Plan reaffirmed the Port's commitment to a working waterfront at the Port's Marine Terminal Simultaneously, the plan called for diversification, focusing additional energy on the other three Port business units - the Swantown Marina and Boatworks, the Olympia Regional Airport, and the Property Program. This strategy flowed out of a two-year planning process that included extensive public outreach and a countywide survey The Marine Terminal received a high level of public support, with an emphasis on diversifying terminal operations. Under the plan, Port staff is directed to market the Marine Terminal for shipping Target markets include small to medium sized shipping companies with both scheduled and intermittent service, unitized, rolling stock and bulk cargoes, as well as a continuing commitment to wood products. The Port signed Sunmar Container Unes in 1996 with strong community support. Sunmar was a major step forward in implementing the comprehensive plan and diversifying the terminal by 1dding container capacity The failure of the Russian economy caused Sunmars resulting departure last fall Given the loss of .his major customer, the Port Commission has decided to conduct this examination of the Marine Terminal, including business opportunities. The Port Commission is holding a series of public meetings in February of 1999 The objectives are to provide information about the Marine Terminal; and to give people an opportunity to comment on whether the Port should stay the course with the business strategy embodied in the 1995 comprehensive plan for the Marine Terminal MARINE TERMINAL FACTS Award winning Port. receiving the Presidentls Excellence Award and the Governorls Export Award STRATEGIC LOCATION International deepwater port on Budd Inlet at the head of Puget Sound At the center of Pacific Northwest cargoes, midpoint between Portland, Oregon, and Vancouver BC One mile from 1-5 and West Coast Highway 101 FACILITIES: Sixty-acre marine tenninal, owned and operated by the Port. Two gantry container and project cargo cranes (certified at 40 tons) and related handling equipment; including 250 refrigerator plugs; 76,000 sq ft. modem dockside transit warehouse, with eight truck doors with self-leveling ramps, six drive-in doors up to 78 feet wide, and six railcar loading doors. BERTHS. Three berths 1,950 feet of dock, and 17 acres of upland. Height 21 feet; Depth. MLLW 40 ft., Channel entrance MLLW 30 ft. Average tidal range. 14 ft. PORT SERVICES: On-dock rail service provided by Union Pacific and Burlington Northern Santa Fe Railroads. Distribution, consolidation, intermodal services. Capable of handling breakbulk, unitized rolling stock, wood products, and containerized cargoes by ship, barge, rail and truck. Professional teamwork and partnership with ILWU Local No. 47 High quality, productive labor on 24-hour availability Port serves as grantee for four-county South Puget Sound Foreign Trade Zone, with 13 non-contiguous sites P''./.: tfl. 'iW ~ '., THE CITY OF TENINO INVITES YOU TO JOIN US FOR.... A PLANNING WORKSHOP Presented by DClED MARCH 10 6.30 P.M TO 9:30 P M. TENINO CITY HALL COUNCIL CHAMBERS The Agenda will include. ~ Discussion of the role of a Planning Commission ./ Procedures that apply to Planning Commissions ./ How to stay out of trouble with planning issues ( ~-' DCTED will bring professionals in the field of planning and municipal law to answer questions and share Information of interest to us all. Who should attend Anyone who wants to know more about the work of planning commisSions and municipal planning. I have requested this forum because the City of Tenino has so many new planning commission members, city council members and administration that I thought it would be good to have as many people as possible hearing the same information at the same time. If you will be able to attend, please call Sandy Cole. City of Tenino ClerklTreasurer at (360) 264-2368 or Fax (350) 264..5772 Also, If you have other items you would like addressed. please feel free to let me ..know /-----., '~ c City of Yelm c c 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 AGENDA CITY OF YELM PLANNING COMMISSION TUESDAY, FEBRUARY 16, 1998 4 00 P M YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE W 1 Call to Order, Roll Call, Approval of Minutes - January 19, 1999 minutes enclosed 2 Public Communications (Not associated with measures or topics for whIch publIc hearings have been held or for whIch are antIcipated) 3 Zoning Code Amendments Worksession Worksession on Chapter 17 63, Manufactured/Mobile Homes Staff report enclosed 4 Other' 5 Adjourn - Enclosures are available to non-Commission members upon request. If you need special arrangements to attend or participate in this meeting, please contact Yelm City Hall, at 458-3244 NEXT REGULAR MEETING, MONDAY, MARCH 15, 1998,400 PM c c c Motion No 99-01 99-02 YELM PLANNING COMMISSION MINUTES MONDAY, JANUARY 19,1999 YELM CITY HALL COUNCIL CHAMBERS The meeting was called to order at 4 00 P m by Joe Huddleston Members present. Glenn Blando, Margaret Clapp, Joe Huddleston, Bob Isom, Ray Kent, Roberta Longmire, John Thomson Guest: Doug Bloom- RGD, Inc , Glen Cunmngham-City Council Liaison Staff: Shelly Badger, Cathie Carlson, Dana Spivey Members absent E J Curry, Tom Gorman Approval of Minutes: MOTION BY BOB ISOM, SECONDED BY GLENN BLANDO TO APPROVE THE MINUTES OF DECEMBER 21, 1998. MOTION CARRIED. Public Communications' There were none Final Plat Review: Applicant-Raimer General Development, Inc , (RGD Inc ) Proposal-Final Plat for PraIrie Heights, DIvIsion III, Location-East side of Vancil Road, South of Yelm Avenue East. Cathie Carlson gave the staff report. Joe Huddleston asked if there were any questions There were none MOTION BY RAY KENT, SECONDED BY MARGARET CLAPP TO FORWARD A RECOMMENDATION FOR APPROVAL ON THE FINAL PLAT FOR PRAIRIE HEIGHTS, DIVISION III, TO CITY COUNCIL. MOTION CARRIED Zoning Code Amendments: Work session- Continued Work session on Chapter 17 63, Manufactured/MobIle Homes Cathie gave bnef staff report, an overvIew of the past work sessions to update the Planmng Commission Yelm Planning Commission January 19 1999 Page 1 c c c Cathie then went over the revisions made from previous work sessions There was discussion The main topics of diSCUSSion included Under "17 63 030 C & 17 63 030 D Designated Manufactured Home RequIrements, Size and Compatibility wi Site Built Housing" - the Planning Commission deCIded that in general the size should be at least 24W X 36L. Under "1763040 C Manufactured Home Subdivision Requirements, Size" It was agreed to add language that allows the City Council to waive the minimum size requirements for manufactured homes for up to 20% of the total number of units allowed Under "1763 070 B Manufactured housIng community - development standards, Size" - the Planning Commission decided to delete thiS section, there will be no minimum size requirements, but must meet definition of manufactured homes, and 17 63 070 F Buffering" - the PC deCided on the Type I Landscape, with an average 20' perimeter buffer with a minimum width of 15' The PlannIng CommIssIon deCIded to continue the Work session at the February 16th meeting Meeting adjourned at 5 15 P m Respectfully submitted, Tom Gorman, Chair Date Yelm Planning Commission January 19 1999 Page 2 c c c VISITOR SIGN IN SHEET Please sign in and indicate if you wish to speak at this meeting or to be added to the mailing list to receive future agendas and minutes MEETING: YELM PLANNING COMMISSION DATE: JANUARY 19,1999 TIME: 4 00 PM lOCATION: YELM CITY HALL, COUNCIL CHAMBERS Public Hearing(s): NAMF R. AnnRF~~ GtE III L7u AJ tV f-I}J G 1-I1rfv'1 ''''ii---. n r C,:OLl~ 6LooW1 ~ ~ D MAIIIN('; II~T? I ~PFAKIFIR? uJH Ir/? o c r \J City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 AGENDA CITY OF YELM PLANNING COMMISSION TUESDAY, JANUARY 19, 19984:00 P.M. YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W 1 Call to Order, Roll Call, Approval of Minutes - December 21, 1998 minutes enclosed 2 Public Communications (Not associated with measures or topics for which public hearings have been held or for which are anticipated) 3 Final Plat Review Applicant: Rainier General Development, Inc. Proposal Final Plat for Prairie Heights, Division III Location East side of Vancil Road, South of Yelm Avenue Staff report enclosed 4 Zoning Code Amendments: Worksession Worksession on Chapter 17 63, Manufactured/Mobile Homes Staff report enclosed 5 Other' 6 Adjourn - Enclosures are available to non-Commission members upon request. If you need special arrangements to attend or participate in this meeting, please contact Yelm City Hall, at 458-3244 NEXT REGULAR MEETING, TUESDAY, FEBRUARY 16,1998,400 PM