Agendas and Minutes
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YELM PLANNING COMMISSION MINUTES
DECEMBER 17,2001,400 pm
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
Tom Gorman called the meeting to order at 4 05 P m
Members present: Tom Gorman, Ray Kent, E J Curry, Don Carney, Roberta
Longmire, and Margaret Clapp
Staff: Tami Merriman, Jim Gibson, and Roberta Allen
Members absent: John Thomson - excused, Joe Baker, Glenn Blando, and
Council Liaison Glen Cunningham
Approval of Minutes:
MOTION BY RAY KENT, SECONDED BY TOM GORMAN, TO APPROVE
THE MINUTES OF DECEMBER 3, 2001.
Discussion as to whether minutes need to be approved when a quorum was not
present, no motions were made or carried, and a quorum cannot vote to
approve since a quorum was not in attendance Mr. Gorman decided that the
minutes should be kept for the record, but that no motion needs to be made or
seconded, or carried, to approve or disapprove them
Public Communications None
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PUBLIC HEARING CONTINUED: Amendment to Yelm Municipal Code Title
17.64 Adult Entertainment Facilities.
Applicant: City of Yelm
Location: City Wide
The Massage Therapy Association had wanted to submit information to the
Planning Commission regarding the use of the word massage in the proposed
ordinance However, they still need more time to do this Therefore, the
Commission continued this public hearing until January 22, 2002 Staff
suggested that if the Massage Therapy Association fails to get their information
to the Commission by that time, the Commission can forward the ordinance, as
amended, to the Council for consideration
01-35
MOTION BY MARGARET CLAPP, SECONDED BY RAY KENT, TO
CONTINUE THE PUBLIC HEARING ON THE AMENDMENT TO YELM
MUNICIPAL CODE TITLE 17.64 ADULT ENTERTAINMENT FACILITIES
UNTIL THE JANUARY 22,2002 MEETING MOTION CARRIED
Action Item: LonQmire Meadows Final Plat - SUB-01-8296-YL
Applicant Carl Teitge and Robert Bussey
Location' Longmire, Van Trump, Solberg, and Coates Streets
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Ms. Merriman introduced Mr Carl Teitge and Mr Robert Bussey to the
Commission Ms. Merriman summarized the Longmire Meadows Final Plat
application Mr Teitge and Mr Bussey applied for Preliminary Plat in February
2001 Ms. Merriman indicated the applicants have completed all their
requirements, paid their open space fee, and have provided an assigned
Yelm Planning Commission
December 17, 2001
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savings to assure that grass can be planted next spring in case their recently
seeded grass fails to thrive The applicants will need to pay any outstanding
engineering and surveying fees Ms Clapp inquired if there had been any
changes in the plat from what Commissioners originally saw Ms Merriman
replied that there were no changes
01-36
MOTION BY E.J. CURRY, SECONDED BY MARGARET CLAPP, TO
RECOMMEND TO CITY COUNCIL TO APPROVE THE LONGMIRE
MEADOWS FINAL PLAT. MOTION CARRIED.
Other:
Mr. Kent indicated that Mondays and Fridays are difficult days for meetings for
him because of his practice, and inquired if the meeting dates could be changed
to Tuesday afternoons Ms Curry suggested that evenings might also be a
possibility Mr. Gorman is reluctant to move the meeting time and date Ms.
Lonqmire said that Tuesday at 400 would be as good as Monday at 4 00, if the
room is available Ms. Merriman indicated changing to Tuesday could
potentially sometimes cause problems for staff in getting materials to City
Council members in time for Council meetings, for items referred to them by the
Planning Commission Mr. Gorman asked Ms Merriman to check on room
availability on Tuesdays, and to check with Ms Carlson about changing the
meeting date to Tuesdays Ms. Merriman will bring that information to the next
meeting
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Ms. Merriman handed out binders to Commission members which contain
information to be used for the upcoming Comprehensive Plan update
Commissioners will need to bring this binder to all future Planning Commission
meetings to store, organize and have the information needed for the update
process
01-37
MOTION BY MARGARET CLAPP, SECONDED BY RAY KENT, TO
ADJOURN THE MEETING MOTION CARRIED
Meeting adjourned at 4 15 P m
Respectfully submitted,
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Rdberta Allen, Administrative Assistant
Tom Gorman, Chair
Date
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Yelm Planning Commission
December 17, 2001
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City of Yelm
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
Date
December 10, 2001
To
Planning Commission
From Tami Merriman, Planning Technician
Re Final Plat for Longmire Meadows (formerly Longmire Estates) SUB-01-8296- YL
Backqround
The Yelm City Council approved, with conditions, a preliminary plat for the above
referenced project on February 28, 2001 The project has been under construction for
the past year, and the applicant filed a completed application for final plat on
November 16, 2001
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Applicant: CarlO Teitge Dev Inc, and Robert A. Bussey Inv Inc., (TEBO Ventures III)
Proposal. 23 Lot, Single Family Final Plat Approval for Longmire Meadows Subdivision
Location. The project site is located at Solberg, Longmire, Coates, and Van Trump
Streets, just west of Yelm Middle School
Planninq Commission Action
The Planning Commission is required to review the Final Plat for compliance with the
conditions of approval placed on the preliminary plat. After the Planning Commission
has reviewed the final plat, and is satisfied that all conditions have been met, the
Planning Commission shall forward the plat to the City Council for review and approval
Staff Recommendation
Staff recommends the Planning Commission forward the final plat to the City Council for
approval, provided
1 All engineering and surveying fees for the final plat review are paid prior to City
Council review
2 The applicant provides the City with an executed Assigned Savings Account
Agreement The assigned savings account is required to complete requirements
as discussed in No 15 below
Original Conditions of Approval
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Sewer
1 Sewer ERU's are charged at the current rate of $4,856/ERU plus an inspection
fee of $145 OO/ERU payable at building permit issuance The applicant shall be
credited for the one existing connection
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Sewer ERU's and inspection fees are paid at building permit
issuance. The applicant shall be credited for one existing
connection.
2.
The S T E P System shall be designed to City standards. The applicant shall
submit final civil plans to the Public Works Department for review and approval
Completed.
Water
3
An 8" PVC waterline extension will be required along Solberg Van Trump will
require an upgrade from the existing 4" AC line to an 8" PVC line
Completed
4
Water ERU's (equivalent residential units) are based on a consumption rate of
240 gallons per day and are charged a current rate of $1 ,OOO/ERU (fee subject to
change) inside city limits One ERU would be charged to each residential
building lot. The applicant shall be credited for the one existing connection
These fees are payable at building permit issuance
Water ERU's and inspection fees are paid at building permit
issuance. The applicant shall be credited for one existing
connection.
5
The Water Line improvements and connections shall be designed to City
standards The applicant shall submit final civil plans to the Public Works
Department for review and approval
Completed.
Stormwater
6 The stormwater facility shall be landscaped in accordance with Chapter 17 84
Completed. The applicant landscaped the stormwater facilities, and
planted more trees than required.
7 The applicant shall design and construct all storm water facilities in accordance
with the DOE Storm Water Manual, as adopted by the City ofYelm Best
Management Practices (BMP's) are required during construction The applicant
shall compile a final storm water report along with construction drawings
Completed.
8 The applicant shall submit a storm water operation and maintenance plan to the
Public Works Department for approval prior to final plat approval
Completed.
9
The stormwater system shall be held in common by the Homeowners The
Homeowners Agreement shall include provisions for the assessment of fees
against individual lots for the maintenance and repair of the stormwater facilities
The agreement shall clearly state what improvements are allowed within the
easements, who's responsible for removal, replacement and/or repairs of any
improvements within the easement.
Completed.
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Transportation
10 Frontage improvements are required for this project. Frontage improvements
shall be consistent with the City of Yelm's Development Guidelines Frontage
improvements for Longmire, Van Trump and Solberg shall be consistent with the
section "Local Access Commercial" Frontage improvements for Coates shall be
consistent with the section "Neighborhood Collector" Stevens Street has been
vacated by a Yelm City Council action
Completed.
11 The proponent shall mitigate transportation impacts based on the new residential
p m peak hour trips generated by the project. The Transportation Facility
Charge (TFC) shall be based on 1 01 new peak hour trips per residential unit.
The proponent will be responsible for a TFC of $757 50 which is payable at time
of building permit.
TFC charges are payable at building permit issuance.
Fire
12 The applicant shall submit fire flow calculations for existing hydrants All
hydrants must meet minimum City standards
Completed.
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13
The applicant shall submit a fire hydrant plan to for review and approval
Completed.
Open Space
14 The applicant shall pay a fee in-lieu-of providing on-site open space The fee in-
lieu-of is $6356 35 and is payable prior to final plat approval
Completed. Paid 11/02/01 COY Receipt # 20499
Landscaping
15 The applicant shall submit a final landscaping and irrigation plan for review and
approval
The applicant has provided a Letter of Credit and Assignment for
grass seeding the planter strips. Planting was completed late in the
season. The assigned savings allows for reseeding in the spring if
necessary
16. The applicant shall use Best Management Practices to protect trees identified for
retention Construction fencing shall be placed around trees no closer than the
trees drip line
Completed.
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Environmental
17 The applicant shall comply with the mitigation of the MONS issued on December
18,2000
Completed. The applicant has recorded a mitigation agreement with
Yelm Community Schools.
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Property Addresses
Prior to submission of final plat application, the applicant will provide the Building
Department with a plat map for addressing
Completed.
General Public Works
18 Per the City of Yelm's Development Guidelines street lighting and interior street
lighting will be required All lighting design will be submitted to Puget Sound
Energy for review and approval
Completed.
19 The applicant shall submit a grading plan for review and approval prior to any on-
site grading
Completed.
20 The applicant shall contact the Olympic Air Pollution Control Authority, 909
Sleater-Kinney Rd SE, Suite 1, Lacey, WA 98502, (360) 438-8768 to secure any
necessary permit(s} for the removal of materials containing asbestos and/or lead
paint.
Completed.
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21
The applicant shall submit a demolition plan to the City for all structures on the
project site OAPCA review must be complete prior to application with the city for
a demolition permit.
Completed.
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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
ALL CITY PLANNING COMMISSION MEETINGS ARE AUDIO TAPED FOR INFORMATION ON OBTAINING
A COpy PLEASE CALL YELM COMMUNITY DEVELOPMENT DEPARTMENT AT 360-458-3835
MEETING: YELM PLANNING COMMISSION
DATE: DECEMBER 17, 2001
TIME: 400 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS
Public Hearing(s):
Amendment to Yelm Municipal Code Title 17.64, Adult
Entertainment Facilities.
To be continued to January 22. 2002
1.
NAME & ADDRESS
MAILING LIST? / SPEAKER?
(Indicate which public hearing by
the assigned numbers above)
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City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, DECEMBER 17, 2001, 4 00 P.M.
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W.
1. Call to Order, Roll Call, Approval of Minutes
December 3, 2001 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 Continued - Amendment to Yelm Municipal Code Title 1764 Adult
Entertainment Facilities.
To 8e Continued to January 22, 2002
("" 4. Action Item Longmire Meadows Final Plat - SUB-01-8296-YL
"-.J Applicant. Carl Teitge and Robert Bussey
Location Longmire, Van Trump, Solberg, and Coates Streets
Staff Report Enclosed - Documentation to follow
5. Other:
Discussion of possible meeting date and time changes
6. Adjourn-
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities
If you are a person with a disability in need of accommodations to conduct business, or to
participate in government processes or activities, please contact Agnes Benniok, at 360-458-8404
at least four (4) working days prior to the scheduled event.
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**MEETING DATE CHANGE**
Due to the Martin Luther King, Jr. Holiday, the
Next regular meeting shall be:
**TUESDAY, JANUARY 22,2002 4:00 P.M.**
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All Planning Commission meetings are audio taped For information on obtaining a copy,
please call the Community Development Department at (360) 458-3835
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YELM PLANNING COMMISSION MINUTES
DECEMBER 3, 2001, 4 00 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
Tom Gorman called the meeting to order at 4 05 P m
Members present. Tom Gorman, John Thomson, Ray Kent, and
Glenn Blando
Staff: Cathie Carlson, Tami Merriman, and Jim Gibson
Members absent: E J Curry, Don Carney - excused Roberta Longmire,
Margaret Clapp, Joe Baker, and Council Liaison Glen Cunningham
Approval of Minutes:
No motions were made at this meeting, as there was not a quorum.
Public Communications None
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Work Session Item: Draft Ordinance for HearinQ Examiner
Ms Carlson discussed with the Commission, the draft hearing examiner
ordinance Ms. Carlson informed the Commission that she will take the draft
ordinance before the City Council, prior to a public hearing, to make them
aware of the RCW requirement, and to allow them time to review the direction
the Planning Commission is taking
The Commission reviewed the individual sections of the ordinance Ms
Carlson explained in more detail, the reasoning, and requirements of each Ms.
Carlson will consult with the City Attorney, on a few points of the ordinance
Ms. Carlson also explained the process for hiring the Hearing Examiner
Ms. Carlson will bring the ordinance back to the Commission in February, for a
Public Hearing
Other:
Ms. Carlson informed the Commission that staff would be distributing binders to
Commission members at the next meeting, with information for the upcoming
Comprehensive Plan update The Commissioners will need to bring tlilis binder
to all future Planning Commission meetings, to store, organize, and have the
information needed for the update process
Meeting adjourned at 4 30 P m
Respectfully submitted,
p~?;j?;;~;7l2w,}~tM't /
Tami(Merriman, Plannjg Technician
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Tom Gorman, Chair
Date
Yelm Planning Commission
December 3, 2001
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Sections.
2 26 010
2 26 020
2 26 030
2 26 040
2 26 050
2.26 060
2.26 070
2.26 080
2.26 090
2.26 100
2.26110
2 26 120
2.26 130
2.26 140
2.26 150
2.26 160
2 26 170
2.26 180
CHAPTER 2.26
HEARING EXAMINER
Intent
Creation of Hearing Examiner
Appointment and Term
Qualifications
Examiner Pro Tempore, Qualifications and Duties
Conflict of Interest and Freedom From Improper Influence
Computation of Time
Rules
Powers and Duties
Applications
Report by Community Development Department
Public Hearing
Examiner's Decision and Recommendation - Findings Required
Reconsideration
Appeal of Examiner's decision
City Council Action on Appeals
City Council Decisions
Annual Report
2.26.010 Intent. It is the intent of the chapter to
A. Provide a single, efficient, integrated land use regulatory system which integrates the
public hearing and decision-making process for land use matters,
B Provide a greater degree of due process in land use regulatory hearings and expand the
principles of appearance of fairness,
C Separate the land use policy formulation and the land use policy administration process
2.26.020 Creation of Hearing Examiner.
The office of the hearing examiner is created The hearing examiner shall interpret, review and
implement land use regulations as provided in this code and other ordinances The term
hearing examiner shall likewise include the examiner pro-tem
2.26.030 Appointment and Term.
The hearing examiner and examiner pro-tem shall be appointed by and shall serve at the
pleasure of the mayor (Ord 189 ~4, 1975)
2.26.040 Qualifications.
The hearing examiner shall be appointed solely with regard to qualifications for the duties of
such office and shall have such training or experience as will qualify the Examiner to conduct
administrative or quasi-judicial hearings on land use regulatory codes and other matters
deemed appropriate by the city council The hearing examiner shall hold no other elective or
appointive office or position in the City of Yelm
2.26.050 Examiner Pro Tempore, Qualifications and Duties.
The hearing examiner Pro Tem shall, in the event of the absence or the inability of the Hearing
examiner to act have all the duties and powers of the Examiner
o 2.26.060 Conflict of Interest and Freedom From Improper Influence.
The Examiner shall not conduct or participate in any hearing or decision in which the Examiner
has a direct or indirect personal or financial interest which might exert such influence upon the
Examiner that might interfere with his decision making process Any actual or potential conflict
of interest shall be disclosed to the parties immediately upon discovery of such conflict.
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Participants in the land use regulatory process have the right, insofar as possible, to have the
Examiner free from personal interest or pre-hearing contacts on land use regulatory matters
considered by him It is recognized that there is a countervailing public right to free access to
public officials on any matter If such personal or pre-hearing interest contact impairs the
Examiner's ability to act on the matter, such person shall so state and shall abstain therefrom to
the end of the proceeding is fair and has the appearance of fairness, unless all parties agree in
writing to have the matter heard by said Examiner
No Council member, City official, or any other person shall attempt to interfere with, or
improperly influence the Examiner in the performance of his designated duties This section
shall not prohibit the city attorney from rendering legal services to the examiner upon request.
2.26.070 Computation of Time
In computing any period of time prescribed by this chapter, the day of the act from which the
designated period of time begins to run shall not be included The last day of the period so
computed shall be included, unless it is a Saturday, Sunday, or a city legal holiday, in which
event the period runs until the end of the next day which is neither a Saturday, Sunday or city
legal holiday
2.26.080 Rules
The hearing examiner shall have the power to prescribe rules for the scheduling and conduct of
hearings, to administer oaths, and other rules of procedure as related to the duties of his or her
office
2.26.090 Powers and Duties.
The examiner shall have the following powers and duties with respect to applications of matters
submitted before her or him
A.
Decisions of the Examiner The Examiner shall conduct public hearings for the purpose
of receiving and examining available information, prepare a record thereof, and enter
findings of fact and conclusions based upon these facts and a decision which shall
represent the final action on the application, unless appealed, as herein specified, for the
following types of applications
1 Appeals from orders, recommendations, permits, decisions or
determinations made by a city official in the administration or enforcement
of the provision of the zoning code or any ordinance adopted pursuant to
it.
2 Variances
3 Conditional/Special Use Permits
4 Shoreline Permits
5 Daycare Facilities
6 Preliminary Plats
7 Binding Site Plans
8 Plat or Binding Site Plan Amendments
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Final Plats (revise to staff review and cc approval, no pc or hearing
examiner - check with Brent)
B Recommendations of the Examiner The hearing examiner shall receive and examine
available information, conduct public hearings, prepare a record thereof and enter
findings of fact and conclusions based on those facts, together with a recommendation
to the city council for the following types of applications
1 Master Planned Communities
2. Planned Residential Development
3 Local Improvement Districts
4 Vacation of Plat, Right-of-way or Easement
C The Examiner shall make recommendations for revision to relevant codes and
ordinances which will clarify or otherwise improve the development review process
2.26.100 Applications.
Applications for permits or approvals within the jurisdiction of the hearing examiner shall be filed
with the community development department as required by adopted ordinances and
resolutions When it is found that an application meets the filing requirements of the city, it shall
be accepted The community development department shall be responsible for processing
each application and to assign a date for the public hearing
2.26.110 Report by Community Development Department.
The Community Development Department shall coordinate and assemble the comments and
recommendations of other city departments, governmental agencies and other interested
parties and shall prepare a report summarizing the factors involved and the department's
findings and recommendations At least seven calendar days prior to the scheduled hearing the
report shall be filed with the Examiner and copies thereof shall be mailed to the applicant;
copies shall be provided to interested parties for the cost of reproduction
2.26.120 Public Hearing.
A Before rendering a decision or recommendation on any application for which a public
hearing is required, the Examiner shall hold at least one public hearing thereon Notice
of the time and place of the public hearing shall be given as provided in the ordinance
governing the application If none is specifically set forth, such notice shall be given at
least ten (10) days prior to such hearing
B On applications requiring approval by the city council, the public hearing before the
Examiner, if required, shall constitute the hearing by the city council
C At the close of the testimony, the Examiner may close the public hearing, continue the
hearing to a specified time and date, or close the public hearing pending the submission
of additional information on or before a specified date
2.26.130 Examiner's Decision and Recommendation - Findings Required
Within ten (10) working days after the conclusion of a hearing, unless a longer period is agreed
to in writing by the applicant, the examiner shall render a written decision which shall include at
least the following
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A.
Findings based upon the record and conclusions therefrom which support the
decision Such findings and conclusions shall also set forth the manner by which
the decision would carry out and conform to the City's comprehensive plan, other
official policies and objectives and all applicable provisions of the Yelm Municipal
Code and/or state law
B A decision or recommendation on the application which may be to approve,
deny, or grant with such conditions, modifications and restrictions as the
examiner finds necessary to make the application compatible with surrounding
land uses, comprehensive plan, other official policies and objectives, and all
applicable provisions of the Yelm Municipal Code and/or state law
C The decision or recommendation shall be rendered within ten (10) working days
following conclusion of all testimony and hearings The copy of such decision,
including findings and conclusions, shall be transmitted by first class mail, to the
applicant and other parties of record in the case requesting notice of the
decision The person mailing the decision, together with the supporting
documents, shall prepare an affidavit of mailing, in standard form, and the
affidavit shall become a part of the record of the proceedings
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2.26.140 Reconsideration.
Any interested person or agency of record, oral or written, that disagrees with the decision of the
Hearing examiner may make a written request for reconsideration by the Examiner within ten
working days after the written decision of the examiner has been rendered This request shall
set forth specific errors relating to
A. Erroneous procedure,
B Errors of law objected to at the public hearing by the person requesting
reconsideration,
C Incomplete record,
o An error in interpreting the comprehensive plan or other relevant material, or
E. Newly discovered material evidence which was not available at the time of the
hearing The term "new evidence" shall mean only evidence discovered after the
hearing held by the hearing examiner and shall not include evidence which was
available or which could reasonable have been available and simply not
presented at the hearing for whatever reason
The hearing examiner may, after review of the record, take further action as the Examiner
deems proper The hearing examiner may request further information which shall be provided
within ten (10) days of the request. The Hearing Examiner's written decision on the request for
reconsideration shall be transmitted to all parties of record within ten (10) days of receipt of the
application for reconsideration or receipt of the additional information requested, whichever is
later
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2.26.150 Appeal of Examiner's Decision.
The final decision by the hearing examiner may be appealed to the city council, by any
aggrieved person or agency of record, oral or written that disagrees with the decision of the
hearing examiner, except threshold determinations (Section 1549 160), in the following
manner'
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A.
The appellant must file a complete written notice of appeal with the Community
Development Department upon forms prescribed by the department, and pay the appeal
fee within fourteen days of the date of the examiner's final decision, provided, that if the
hearing examiner was requested to reconsider the decision, then the appeal must be
filed within ten (10) days of the date of the Hearing Examiner's decision on the
reconsideration request.
B The notice of appeal shall concisely specify the alleged specific error(s) of fact, specific
procedural errors, omissions from the record, errors of interpretation of the
comprehensive plan or issue which the city council is asked to consider on appeal, and
shall cite in the notice of appeal or accompanying memorandum, by reference to section,
paragraph and page, the provisions of law which are alleged to have been violated
Issues which are not so identified need not be considered by the city council
Memoranda shall not include the presentation of new evidence and shall be based only
upon facts presented to the examiner
C The City shall notify parties of record that an appeal has been filed and that copies of the
notice of appeal and appellant's memorandum may be obtained from the Community
Development Department. The notice to parties shall also state that parties of record
wishing to respond to the appeal may submit written memoranda to the city council
within fourteen (14) days from the date that the notice to parties is mailed by the City
D The appellant may submit a responsive memoranda within seven days from the date
that memoranda from parties of record is due
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The timely filing of a notice of appeal shall stay the effective date of the examiner's
decision until the appeal is adjudicated by the mayor or until the appeal is withdrawn
F All appeals of hearing examiner decisions are considered to be closed record appeals,
following an open record hearing on a project permit application or administrative
appeal, when the appeal is on the record with no new evidence or information allowed to
be submitted and only appeal argument allowed
2.26.160 City Council Action on Appeals.
A. General When an appeal has been timely filed and the deadline for receipt of
memoranda has expired, the Community Development Department shall deliver to the
city council a copy of the Hearing Examiner's decision, including the findings and
conclusions, the notice of appeal, and the evidence presented to the hearing examiner
The city council may view the site either individually or together, only to gain background
information on the general appearance of the property; no one other than City staff can
accompany the Council members during the view When the Council members have
read the decision, memoranda and evidence, the clerk-treasurer shall schedule a date
for a closed record appeal meeting by the city council at which time the city council shall
render a decision The date of the closed record appeal meeting should not be later
than 60 days following the date the appeal was filed
B
Public Notice of Closed Record Appeals The clerk-treasurer shall mail written notice to
all parties of record to apprise them of the meeting date before the city council "Parties
of record" are persons who have
1 Given oral or written comments to the examiner; or
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2.
Listed their names, as persons wishing a copy of the decision, on a sign-
up sheet which is available during the Hearing Examiner's hearings
C Scope of Review
The city council review shall be based solely upon the evidence presented to the hearing
examiner, the Hearing Examiner's report, the notice of appeal and submissions by
parties pursuant to Section 2 26 130
D City Council Decision on Appeal
At the closed record appeal meeting the city council may adopt, amend and adopt,
reject, reverse, and amend conclusions of law and the decision of the examiner, or
remand the matter for further consideration If the city council renders a decision
different from the decision of the examiner, the city council shall adopt amended
conculsions accordingly The City Council's decision on the appeal shall be issued not
later than sixty days following the date the appeal was filed, unless the parties to an
appeal agree to extend the time period
2.26.170 City Council Decisions.
Any application requiring action by the city council shall be evidenced by minute entry unless
otherwise required by law The city council may accept, modify or reject the examiners
decision, or any finding of conclusion herein, or may remand the decision to the examiner for
further hearing If the city council renders a decision different from the decision of the examiner,
the city council shall adopt amended findings and conclusions accordingly Unless otherwise
specified, the city council shall be presumed to have adopted the Hearing Examiner's findings
and conclusions
2.26.180 Annual Report.
The hearing examiner shall report in writing to and meet with the planning commission and city
council at least annually for the purpose of reviewing the administration of the land use policies
and regulatory ordinances and make recommendations for revision to relevant codes and
ordinances which will clarify or otherwise improve the development review process Such report
shall include a summary of the Examiner's decisions since the last report.
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City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, DECEMBER 3,2001,4'00 P.M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W.
1. Call to Order, Roll Call, Approval of Minutes
November 19, 2001 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 Item. Land Use Decision Process
Draft Ordinance for Hearing Examiner
4. Other'
C 5. Adjourn-
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities
If you are a person with a disability in need of accommodations to conduct business, or to
participate in government processes or activities, please contact Agnes Bennick, at 360-458-8404
at least four (4) working days prior to the scheduled event.
All Planning Commission meetings are audio taped For information on obtaining a copy,
please call the Community Development Department at (360) 458-3835
NEXT REGULAR MEETING, MONDAY, DECEMBER 17,2001 4.00 P.M.
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YELM PLANNING COMMISSION MINUTES
NOVEMBER 19, 2001,400 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
01-32
The meeting was called to order at 4 00 P m by Tom Gorman
Members present: Tom Gorman, John Thomson, Ray Kent, Roberta
Longmire, E J Curry, Don Carney, Glenn Blando, and Joe Baker
Staff: Cathie Carlson, Tami Merriman, Shelly Badger, Jim Gibson, and Council
Liaison Glen Cunningham
Members absent: Margaret Clapp - excused
Approval of Minutes:
MOTION BY RAY KENT, SECONDED BY GLENN BLANDO, TO APPROVE
THE MINUTES OF OCTOBER 15,2001 AS AMENDED. MOTION CARRIED.
Amendment Change the first sentence in paragraph seven to read "The
Commission and staff discussed the term massage as used in the ordinance,
as opposed to the term massage used in the medical field"
Public Communications None
PUBLIC HEARING CONTINUED: Amendment to Yelm Municipal Code Title
17.64 Adult Entertainment Facilities.
Applicant: City of Yelm
Location: City Wide
Mr Gorman re-opened the Public Hearing at 4 10 pm Ms. Badqer informed
the Commission that she has been in contact with Mr Dennis LeMaster
regarding the term "massage" as used in the ordinance Mr LeMaster will
provide Ms. Badqer research information regarding this issue Ms. Badqer
requested that the hearing be continued to the December 17, 2001, Planning
Commission meeting, to allow adequate time to receive and review the
information, and suggest changes to the ordinance
Mr. Gorman continued the hearing to the December 17, 2001, Planning
Commission meeting
Action Item: Election of Officers
E.J. Curry informed the Commission that the Nominating Committee did not
receive any nominations for officers The Nominating Committee nominated
Tom Gorman as Chair, and John Thomson as Vice Chair Mr. Gorman, and Mr.
Thomson accepted the nomination
01-33
MOTION BY RAY KENT, SECONDED BY JOE BAKER, TO NOMINATE TOM
GORMAN AS CHAIR, AND JOHN THOMSON AS VICE CHAIR. MOTION
CARRIED.
Yelm Planning Commission
November 19. 2001
R:\Community Development\Planning Commission\Minutes and Agendas\Pc 2001 .min\ 11 19.01 min.doc
Page 1
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Work Session Item: Land Use Decision Process
Ms. Carlson discussed with the Commission, RCW 35A.63 110 requiring cities
with a population over 2500 to create a Board of Adjustment (BOA) or a
Hearing Examiner (HE) process Ms. Carlson provided a staff report listing the
pros and con's of both processes
After discussion, the consensus of the Commission is to hire a HE, as opposed
to a BOA. The scope of the HE would be that the decision of the HE is final,
appealable to the City Council The Commission is concerned about a local
citizen holding the position of Hearing Examiner Ms. Carlson will research
further, the restrictions and hiring process of a Hearing Examiner
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The Commission then discussed the different options and permit types The
Commission consensus is that the HE would hear; Appeals of Type I permits,
Type III permits, with the exception of Planned Residential Developments
(PRO), Master Planned Communities (MPC), and Rezones For the PRD and
MPC permit, the HE would hold the Public Hearing, and the final decision would
be made by the City Council Rezone permits would still be heard at Planning
Commission level, as part of the Comprehensive Plan Updates Type IV
permits would be heard by the HE, with final decision at City Council
Other types of issues that the HE could hear would be Local Improvement
Districts, Code Violations, and Business License denials/revocations. Ms
BadQer suggested that Late Comer Agreements could be heard by a HE Ms
Carlson suggested that for Local Improvement Districts, and Late Comers, the
HE hold the hearing, with final decision made by City Council Ms. Carlson also
suggested that the Commission wait to make a decision on Code Violations and
Business License, to allow staff to discuss issues related to those matters
Ms Carlson informed the Commission that she would draft an ordinance for the
Commission to review at the December 3, 2001 Planning Commission meeting
01-34
MOTION MADE AND SECONDED TO ADJOURN THE MEETING. MOTION
CARRIED
Meeting adjourned at 5 15 P m
Respectfully submitted,
Tami Merriman, Planning Technician
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Tom Gorman, Chair
Date
Yelm Planning Commission
November 19, 2001
R:\Community Development\Planning Commission\Minutes and Agendas\Pc 2001.min\l1.19.01min.doc
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City ofYelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
Date
To
From
Re
November 19, 2001
Yelm Planning Commission
Cathie Carlson, Community Development Director
Work session on Land Use Decision Process
Purpose of Work session
To discuss the framework of a new review and decision making system regarding quasi-judicial and
administrative land use applications Options included
1 Establish Board of Adjustment to meet minimum RCW requirements, keeping all
other land use process as is
2 Establish Board of Adjustment to include additional responsibilities
3 Establish a Hearing Examiner system to meet minimum requirements
4 Establish a Hearing Examiner system to include additional responsibilities
Backqround
The City's planning authority is derived primarily from RCW 36 70, Planning Enabling Act, RCW
36 70A, Growth Management - Planning by Selected Counties and Cities, RCW 35A.63 Optional
Municipal Code and RCW 58 17, Subdivisions and Plats
c
These RCW's provide the framework for how a City functions in both comprehensive planning and
land use review and approval RCW 35A.63 110 requires that when a city reaches a population of
2,500 or more that some of the Planning Commissions and City Council responsibilities in land use
review and approval be delegated to an independent body, either a Board of Adjustment or a
Hearing Examiner This statue also provides the ability to create a land use decision system
beyond the minimum standards prescribed by the law
RCW 35A.63.11 0 Board of adjustment-Creation--Powers Duties
. Requires code city with planning agencies and a population over 2,500 to create a board of
'adjustment
. Board of Adjustment - Separate Decision Making Body comprised of local citizens
. Minimum Duties and Authority are final and are appealable to the superior court.
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.
G
Appeals of Type I Permits - Ministerial and Administrative Decision
. Code Interpretations
. Building, Grading, Mechanical, Plumbing, Stormwater and Utility Permits
. Administrative Variances
. Boundary Line Adjustments
Variances from
. Zoning Ordinance
. Official Map Ordinance
. Other Land-Use Regulatory Ordinances
Conditional/Special Use Permits - Optional
Other Quasi Judicial and Administrative determinations as delegated by
Ordinance
.
ED
. All other approvals continue with current system unless delegated by ordinance
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.
Provides for Optional Hearing Examiner System pursuant to RCW 35A.63 170 to
assume the responsibilities of the Board of Adjustment.
RCW 35A.63.170 Hearing examiner system--Adoption authorized-Alternative-Functions-
Procedures
. May be authorized to assume any or all responsibilities of the Board of Adjustments
. Optional Duties to Hear and/or Decide
. Appeals of Type I Permits - Ministerial and Administrative Decision
. Code Interpretations
. Building, Grading, Mechanical, Plumbing, Stormwater and Utility Permits
. Administrative Variances
. Boundary Line Adjustments
e Type II Permits - Administrative - SEPA projects that require public notice, but do
not require an open record predecision hearing
. Environmental Determinations and Critical Areas
.. Grading Permits
. Site Plan Review
o Short Plats
. Home Occupations
.
Type III Permits - Quasi Judicial- SEPA projects requiring public notice and open
record predecision hearing and which allow for a closed record appeal
. Condffion~Uses
.. Variances
o Preliminary and Final Plats
. Shoreline Permits
co Annexations
. Binding Site Plans
. Planned Residential Developments (PRD)
. Rezone Site Specific
. Type IV Permits - Projects exempt from the 120 day time line Creation of new
policies, ordinances, and/or significant public input and master planned
developments.
. Master Planned Developments
. Other'
o Local Improvement Districts
. Code Violations
. Business License denials and/or revocations
. Any other responsibility delegated by Ordinance
Scope of Hearing Examiner, Legal Effect and Authority
1 The decision may be a recommendation to the City Council
2. The decision may be an administrative decision appealable to the City Council
3 The decision may be a final decision of the City Council, except for a rezone and would
be appealable to superior court.
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Pros and Cons
Issues Board of Hearing
Adjustment Examiner
Pro Con Pro Con
Reduced Liability on Decisions and Procedural Challenges X X
Improves Review Integration - Reducing time to applicants X X
Separation of Policy Making from Administration of Rules X X
Creates additional work for staff X X
Improved compliance with legal requirements, due process, X X
appearance of fairness and record preparation
Cost - increased cost to applicant and city x X
More professional and timely decisions X X
Provides an opportunity to obtain professional input on X X
inconsistencies on regulations and policies
Lack of local accountability (perceived) X X
Eliminates political considerations from decision-making X X
Allows City Council and Planning Commission to spend more x X
time on policy development
Primary Question from Work session
At a minimum the City must establish a Board of Adjustment that complies with the basic
requirements of RCW 35A.61 110 as discussed above However, beyond the minimum
requirements the City has a variety options
Does the City want to expand upon the minimum requirement to establish a Board of
Adjustment?
A. Authorize additional duties and responsibilities to the Board of Adjustment.
B Authorize a Hearing Examiner system to assume the responsibilities of the Board
of Adjustment.
C Use the optional method of Hearing Examiner including review and approval of all
land use permits allowed by state law
Use of earing Examine
C es and Counti
inhington
What is a Hearing Examiner and Hearing Examiner System?
Local governments m Washmgton State have the optIon ofhmng or contractmg WIth
a heanng exammer to conduct reqUired quasI-JudIcIal heanngs, usually m place of
local bodIes such as the planmng commISSIon, the board of adjustment, the board of
county commISSIoners, or the CIty council DA heanng exammer IS an appomtIve officer
who acts m a manner sImilar to a judge and typIcally IS an attorneyDThe basIc purpose
ofhavmg a heanng exammer conduct these heanngs IS to have a professIOnally-
tramed mdIvIdual make ObjectIve quasI-JudICIal deCISIOns that are supported by an
adequate record and that are free from polItIcal mfluencesDUsmg a heanng exammer
system allows local legIslatIve and advIsory bodIes that mIght otherwIse conduct these
heanngs to better concentrate on polIcy-makmg, and It can reduce local government
lIabilIty exposure 0
A board of county commISSIoners or a CIty councIl has conSIderable dIscretIOn m
draftmg an ordmance creatmg a local heanng exammer systemDThe posItIOn of
heanng exammer, the type of Issues the heanng exanuner IS authonzed to conSIder
and decIde, the effect of the heanng exammer's decIsIon, and whether an appeal of
any final decIsIon IS provIded should all determmed by the local legIslatIve body and
set out m the enablmg ordmanceDA hearmg exanuner's decIsIon, as defined by the
local legIslatIve body, can have the effect of eIther a recommendatIOn to or a deCISIOn
appealable to the ultImate decIsIon-maker (tYPIcally the board of county
comnussIOners or the CIty council), or It can be a final decIsIOn (appealable to supenor
court) 0
CountIes and CItIes use heanng exammers, often m place of plannmg commISSIons,
pnmarily for heanng and decIdmg land development project applIcatIOns and/or
admmIstratIve appeals ofland use decIsIonsDHeanng exammers are partIcularly useful
where the nghts of mdIvIdual property owners and the concerns of CItIzens reqUire
formal heanng procedures and preparatIOn of an offiCial record 0 State land use
planmng and growth management laws proVIde CItIes and countIes WIth speCIfic
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authonty to estabhsh a heanng exammer system to conduct heanngs and make
recommendatIOns or decIde a vanety ofland use Issues DHeanng exammers may also
conduct heanngs and make recommendatIons or decIsIons on other local matters D
ThIs focus paper describes the use of a heanng exammer, the pros and cons of such
systems, and optIOns available to Washmgton countIes and cItIesDReferences are
provIded for further mformatIon avaIlable from the MRSC library and through our
Web sIteD
Establishing a Hearing Examiner System
The office or pOSItIon ofheanng exammer must be estabhshed by ordmanceDThat
ordmance should IdentIfy what matters the exammer IS empowered to hear and what
WIll be the effect of the exammer's deCISIon on those mattersDA common approach m
such an ordmance IS to estabhsh the framework for the heanng exammer system, whIle
leavmg It to the exammer to adopt specIfic, detaIled rules for the conduct of heanngs D
Heanng exammer ordmances typIcally address the appomtment and term of the
heanng exammer; quahficatIOns of the exammer; conflIcts ofmterest and freedom
from improper mfluence, powers and duties, mcludmg matters heard, heanng
reqUirements, effect of deCISIOns, reconsIderatIOn of deCISIOns, If allowed, and appeals D
MRSC has many examples ofheanng exammer ordmances and has a compilatIOn of
articles and ordmances relatmg to the heanng exammer system m thIS stateDSee http.//
www[fursc[(kg/library/compil/cphearexllitmD
Use of the Hearing Examiner System for Land Use,
Environmental, and Related Decisions
Most commonly, heanng exammers are used to hear and deCIde land use project
perrmt applIcatIOns where a heanng IS reqUIred, such as m the case of apphcatIOns for
subdIVIsIons, shorehne perrmts, condItIonal use permIts, rezones, and vanancesDThe
recent trend m state law, partIcularly m conjUnctIon WIth regulatory reform, has been
to allow local governments to give more authonty to the heanng exammer to make
final deCiSIons on quaSI-JudICIal project permIt apphcatIOnsDFor example, RCW
58[]7G30, as amended by 1995 regulatory reform legislatIOn, proVIdes that the local
legIslatIve body can speCIfy that the legal effect of a heanng exammer' s deCISIOn on a
prehrmnary plat approval IS that of "a final deCISion of the legIslatIve bodyO
The heanng exammer's role m the project permIt process can mclude
. open record heanngs on project permIt apphcatIOns,
2
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appeals of admmIstratIve SEPA determmatIons, whIch m most cases are
combmed wIth the open record heanng on the apphcatIOn,
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o closed record appeals of admmIstratIve decIsIOns made by the local planmng
staff, mcludmg appeals of SEP A determmatIOns where an admmIstratIve appeal
IS provIded,
. land use code mterpretatIOns to satIsfy the statutory reqmrement that cItIes and
countIes plannmg under the Growth Management Act adopt procedures for
such "admImstratIve mterpretatIOns" (RCW 36 [JOB [] 1 O( 11)),
. land use code enforcement proceedmgs 0
Other Issues Assigned to Hearing Examiners
The 10callegIslatlVe body may, by ordmance, authonze a heanng exammer to hear
other types of contested matters, m addItIOn to land use permIt apphcatIOns and code
enforcement DExamples of other types of decIsIons and/or admmIstratIve appeals that
could be handled by a local heanng exammer mclude
O.
dIscnmmatIOn complamts under local personnel pohcIes,
.
employment decIsIons and personnel gnevances,
.
ethIcs complamts by cItIzens or employees,
.
local Improvement dIstncts - formatIOn heanng and/or assessment roll
determmatIOns,
.
pubhc nmsance complamts,
.
CIvil mfractIOns,
.
property forfeIture heanngs under the Umform Controlled Substances Act
(RCW 69C50C505(e)),
. tax and hcensmg decIsIOns and appeals,
. whIstleblower retahatIOn claIms 0
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Pros and Cons of Using Hearing Examiners
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Pros
. More professional and timely decisions insuring fairness and consistency{]
A profeSSIOnal heanng exammer prepares for and conducts heanngs m a
manner msunng procedural fairness DHeanngs are less emotIonal and more
expedItIOUS [Heanng exammers develop a hIgh level of expertIse and
speclaltzatIOn, savmg tIme m makmg deCISIons and lmprovmg theIr qualtty and
conslstencyD
. Time-saving for legislative body, freeing legislators to focus on legislative policy
and other priority issuesD
o
Conductmg publtc heanngs and makmg quasI-JudICial deCISIons IS tIme-
consummgDLocalleglslators can free themselves from many of theIr heanng
dutIes by delegatmg them to a heanng exammerDThe localleglslatlve body can
still choose to make final deCISIons or to hear appeals of the exammer's
deCISIons, and those appeals will be facllttated by a thorough and orgamzed
recordDThe use ofheanng exammers IS espeCIally tlme-savmg for routme
deCISIOns and for complex land use deCISIons requmng formal heanngs, cItlzen
partICIpatIOn, and subject matter expertIse 0
.
Separation of policy-making or advisory functions from quasi-judicial functionsD
Use ofheanng exammers for quasI-JudICIal heanngs separates legIslatlve and
admImstratIve functIOns from quasI-JudICIal functIOnsDThIs can Improve
decIsIOn-makmg by clanfymg roles and aVOldmg confhctsDFor jUnSdIctlons
WIth planmng comrrussIOns, use of a heanng exammer system allows the
planmng commISSIon to functIOn as an adVISOry bodyDThe legIslatlve body can
focus on poltcy-makmg while the plannmg department concentrates on
admImstratIOnDF or countIes WIth three-member boards of commISSIOners, use
of a heanng exammer to conduct quasI-JudICial proceedmgs can greatly aSSIst
commISSIOners who already responsible for a number ofleglslatlve and
adrrumstratIve functIOns 0
. Improved compliance with legal requirements, including due process, appearance
of fairness, and record preparationD
o
Heanng exammers have speCIal expertIse m managmg legal procedural
reqUIrements and aVOldmg appearance of fairness and confhct ofmterest
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Issues IThe heanng exammer assures procedural fairness, especially m cases
where one sIde IS represented by an attorney while the other sIde IS not 0
PartIcIpants are often more satIsfied wIth the proceedmgs, regardless of the
outcome [J\ properly conducted hearmg also results m a complete and well
orgamzed wntten record 0
.
Reduced liability relating to land use decisions and/or procedural challenges to
decisionsD
U smg a heanng exammer system has been shown to reduce land use hablhty
exposure o Improved heanng procedures, better records, and more conSIstent
and documented declslOns are typIcal of professlOnal heanng exammers OAt
least one local government msurance authonty has offiCially endorsed the use
ofheanng exammers for land use decIsIons based on a survey provldmg
eVIdence of a lower nsk profile for jUnSdlctlOns usmg a heanng exammer
system for land use proceedmgs 0
.
Improved land development review integration under chapter 36[10B RCW
(ESSB 1724)0
A number ofjunsdlctIons have adopted heanng exammer systems smce the
1995 regulatory reform legIslatlOn mandatmg mtegratlOn and consohdatlOn of
envIronmental and land use regulatory reVIew for development projects DUse
of a speclahzed land use heanng exammer IS an effectIve method of
consohdatmg and coordmatmg multIple reVIew processesDFor jUnSdlctlOns
WIth a mandatory board of adjustment, adoptlOn of a heanng exammer system
ehmmates the reqmrement for a board of adjustment 0
.
Opportunity for feedback to improve plans and regulations from professional
hearing officer familiar with comprehensive plans and development regulationsD
A professlOnal heanng exammer has famlhanty wIth the local comprehensIve
plan and development regulatlOns and possibly those of other jUnSdlctlOns 0
Areas where plans, regulatlOns, and pohcles are weak or mconslstent can be
IdentIfied and referred to the planmng staff, planmng commlSSlOn, or leglslatlve
body, provldmg feedback for contmuous Improvement 0
MRSC Focus is published periodically by the Municipal Research & Services Center of Washington, 1200 Fifth Avenue, Suite
1300, Seattle, WA 98101-1159, and addresses issues of current interest to cities, towns, and counties in Washington StateD
5
. Removal of quasi-judicial decision-making from the political arenaD
o It may be drfficult for elected local government officials to entIrely elImmate
polItIcal consIderatIOns from theIr quasI-JudICial declSlon-makmgDProfessIOnal
heanng exammers should be Immune from polItIcal pressures 0
Cons
. Cost to county or city for hiring a hearing examiner and staff 0
There are costs m hmng heanng exammers and, If necessary, support staff 0
CountIes and CItIes should consIder whether savmgs m councIl and commISSIon
tIme, Improvements m decIsIon-makmg, and reduced habilIty JUStIfy the costs 0
AlternatIves such as use of personal servIce contracts for heanng exammers
can reduce costsD
. Increased cost to the parties due to more formal decision-making proceduresD
o
Heanng exammers can mcrease the formahty of the heanng process, although
many of the procedural reqUIrements and formalItIes are already reqUIred under
state lawIThIs formalIty can provIde the advantage of mcreased appearance of
fairness and ImpartialIty m decIsIon-makmgD
e
Lack of accountability to voters for appointed hearing examiner making decisions
or hearing administrative appealsD
Some people mamtam that Important deCISIOns should be made by elected
offiCials who are accountable to the voters o However, these concerns can be
addressed by makmg the heanng exanuner's deCISIOn a recommendatIOn to the
councilor commISSIOners or by provIdmg for an adnumstratlve appeal to the
legIslatIve bodyD
Options for Efficient and Effective Use of Hearing
Examiners for Smaller Counties and Cities
Smaller local governments may be reluctant to establIsh a heanng exanuner system
because of cost conSIderations and concerns about whether there will be enough
occaSIOns to JUStIfy usmg a heanng exammerDHere are some Ideas about addressmg
these concerns
o
6
.
Contract for heanng exammer servIces DCountIes and cItIes may establIsh a
contractual relatIOnshIp wIth a heanng exammer m whIch the exammer IS
compensated, on an hourly or other basIs, only as needed D
o
. Share use ofa heanng exammer wIth other jUnSdIctIOnsDSome local
governments m the state have entered mto mterlocal agreements to
contractually share the servIces of a heanng exammerD
. Increase the number of matters heard by heanng exanunerDDomg thIS could
reduce costs relatmg to use of staff that would otherwIse be occupied wIth
those matters D
. Fund the heanng exammer system from permIt reVIew fees DLocal
governments can add and/or mcrease permIt fees and appeal fees to help cover
the cost ofmamtammg a heanng exammer systemD
Qualifications of Hearing Examiners
There are no state statutes that establIsh the nunImum qualIficatIOns of heanng
C~xammers DAs noted above, heanng exammers are often attorneys, however, a law
_Jgree IS not reqUIred DA background m the area m whIch the exammer will perform
would ObvIOusly be helpfulDSmce heanng exammers operate mostly m the land use
arena, some local governments use exarruners wIth a plannIng, rather than legal,
background DKeep m mmd that the land use decIsIon-makmg process reqUIres a
thorough knowledge of legal procedures, and relevant statutes, local ordmances, and
case lawDIn the ordmance establIshmg the office ofheanng exammer, It IS a good Idea
to Identify the mInImUm qualIficatIons that the legIslatIve body deems necessary for a
heanng exammerD
Support, Resources, and Training for Hearing Examiners
. WashmgtonAssocIatIOn of ProfessIOnal Heanng Exammers, Jim Dnscoll,
PreSIdent, 101 Yesler, SUIte 607, Seattle, WA 98104, (206) 628-0039DThIS
organIZatIOn prOVIdes penodIc trammg conferences and mamtams a lIst of
heanng exammers m the state D
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Gig Harbor, WA Ordmance No 715
Page 1 of 4
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Gig Harbor, W A Ordinance No. 715
AN ORDINANCE OF THE CITY OF GIG HARBOR, WASHINGTON, RELATING TO THE
PROCEDURES AND DUTIES OF THE LAND USE HEARING EXAMINER, REPEALING CHAPTER
1710, AND ADDING A NEW CHAPTER 1710 TO THE GIG HARBOR MUNICIPAL CODE.
WHEREAS, THE REGULATORY REFORM ACT REQUIRES THE CITY TO ADOPT PROCEDURES FOR
THE PROCESSING OF PROJECT PERMIT APPLICATIONS, AND
WHEREAS, THE EXISTING CHAPTER 17 10 GHMC CONTAINS PROCEDURES FOR THE HEARING
EXAMINER'S PROCESSING OF PERMITS THAT ARE INCONSISTENT WITH TITLE 19 GHMC, NOW
THEREFORE THE CITY COUNCIL OF THE CITY OF GIG HARBOR, WASHINGTON, DO ORDAIN AS
FOLLOWS
SectIOn 1 Chapter 17 10 of the GIg Harbor MunicIpal Code IS hereby repealed.
Section 2. A new chapter 17 10 of the GIg Harbor MUlllcIpal Code IS hereby adopted, to read as follows
CHAPTER 17.10
o HEARING EXAMINER
Sections
17 10 010 Creation of Hearing Exammer System
17 10 020 Appomtment and Term
17 10.030 QualificatIOns
17 10.040 Freedom from Improper Influence
17 10 050 Conflict of Interest
17 10 060 Rules
1710.070 Powers
17 10 080 Authority
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17.10.010 CreatIOn of Heanng Examiner System. The office of the GIg Harbor Heanng Exammer, thereinafter
referred to as the exammer, is hereby created. The exammer shallmterpret, reVIew and Implement land use
regulatIOns as proVIded by ordmance and may perform other quasi-judicial functions as are delegated by
ordmance Unless the context reqUIres otherwIse, the term examiner as used m this chapter shall include deputy
examiners and examiners pro tern.
..
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10/31/2001
City of Yelm
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105 Ye/m Avenue West
PO Box 479
Ye/m, Washington 98597
(360) 458-3244
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, NOVEMBER 19,2001,4:00 P.M.
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W.
1. Call to Order, Roll Call, Approval of Minutes
October 15, 2001 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 Continued - Amendment to Yelm Municipal Code Title 1764 Adult
Entertainment Facilities
Applicant: City of Yelm
Location: City Wide
4 Action Item - Election of Officers
5 Work Session Item: Land Use Decision Process
Board of Adjustment and Hearing Examiner
6. Other'
7. Adjourn-
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with
disabilities If you are a person with a disability in need of accommodations to conduct business
or to participate in government processes or activities, please contact Agnes Bennick, at 360-
458-8404 at least four (4) working days prior to the scheduled event.
All Planning Commission meetings are audio taped For information on obtaining a copy,
please call the Community Development Department at (360) 458-3835
NEXT REGULAR MEETING, MONDAY, DECEMBER 3, 2001 4:00 P.M.
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City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
CANCELLATION
NOTICE
The November 5, 2001 Planninq Commission meeting has been CANCELLED The
next meeting of the Yelm Planning Commission will be held in Council Chambers at
Yelm City Hall, 105 Yelm Ave W , on
Monday, November 19, 2001, at 4:00 pm.
If there are any questions concerning this change, please call the Community
Development Department at (360) 458-3835
ATTEST ,;;
~ /r:~ )AL;j)V~.it! ~
&t~..
Agnes Bennick
City Clerkffreasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Tuesday October 30,2001
Published in the Nisqually Valley News Friday, November 2, 2001
Mailed to the Planning Commission mailing list Tuesday October 30, 2001
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YELM PLANNING COMMISSION MINUTES
OCTOBER 15, 2001, 4 00 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
The meeting was called to order at 400 P m by Tom Gorman
Members present: Tom Gorman, John Thomson, Margaret Clapp, Ray Kent,
Roberta Longmire, and E J Curry
Staff: Cathie Carlson, Tami Merriman, Shelly Badger, and Jim Gibson
Members absent: Joe Baker - excused, Don Carney and Glenn Blando
Council Liaison Glen Cunningham
01-30
Approval of Minutes:
MOTION BY ROBERTA LONGMIRE, SECONDED BY RAY KENT, TO
APPROVE THE MINUTES OF AUGUST 20, 2001. MOTION CARRIED.
Public Communications None
PUBLIC HEARING: Amendment to Yelm Municipal Code Title 17.64 Adult
Entertainment Facilities.
Applicant: City of Yelm
Location: City Wide
Mr. Gorman opened the Public Hearing at 4 03 pm Mr. Gorman asked if any
Commission member had a conflict of interest. There was none
Mr. Gorman asked if any member of the audience objected to any Commission
member participating in this hearing There was none
Mr. Gorman asked if any member had received information on this item prior to
the hearing None had
Mr. Gorman asked Ms. Badqer to provide a staff report.
Ms. Badqer gave a brief update to the Commission, explaining the proposed
changes in the ordinance as directed by the Planning Commission The
ordinance incorporates additional findings as written in the Spokane, WA
ordinance, and also incorporates the changes requested by the Commission at
the July 16, 2001 Planning Commission meeting Ms. Badqer included two
letters submitted by Jan Norris, LMP Ms Norris objects to using the term
"Massage" in any part of the ordinance Ms Norris is a Licensed Massage
Practitioner, and objects the reference of massage as related to Adult
Entertainment.
The Commission and staff discussed the term massage as used in the
ordinance, as opposed to the term massage used in the medical field The
Commission is concerned about this issue, and requested that staff perform
further research to correctly define massage therapy, and propose changes to
the ordinance that contain references to massage, or massage parlors
Mr. Gorman asked if there was any public comment. There was none
Yelm Planning Commission
October 15, 2001
R:\Community Development\Planning Commission\Minutes and Agendas\Pc 2001.min\ 10.15.01 min.doc
Page 1
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Mr. Gorman continued the hearing to the next regularly scheduled Planning
Commission meeting, to allow staff to prepare language regarding massage for
their approval
Action Item: Election of Officers
The commission discussed the election of Planning Commission Officers for the
year 2002 The Commission discussed the option of creating a nominating
committee to nominate members for office
Mr. Gorman directed Margaret Clapp to chair a nominating committee, to
include E J Curry, and John Thomson
Ms. Clapp asked staff to send a letter to Planning Commission members,
informing them of the committee, and requesting members who would like to be
a nominee, or to suggest a nominee, to contact her
Work Session Item: 2002 Comprehensive Plan Update
Ms. Carlson discussed the work program for the 2002 Comprehensive Plan
Update The program is aggressive, and will probably require the Commission
hold two meetings a month for the entire year
o 01-31
MOTION MADE AND SECONDED TO ADJOURN THE MEETING. MOTION
CARRIED.
Meeting adjourned at 5 00 P m
Respectfully submitted,
~
Ihf(J7d '/tthr
qat
Tom Gorman, Chair
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Yelm Planning Commission
October 15, 2001
R:\Community Development\Planning Commission\Minutes and Agendas\Pc 2001.min\10.15.01min.doc
Page 2
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105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
Date October 8, 2001 (for the October 15, 2001 Planning Commission Meeting)
To \ elm Planning Commission Members
From Shelly Badger, City Administrator
Re. Proposed Draft Amendments to Yelm Adult Entertainment Business (AEB)
Ordinances in response to 7/16/01 Planning Commission Work-session.
LIST OF EXHIBITS.
Exhibit 1- Ol'dinance No. 736 (with proposed draft
amendments), amending the Yelm Municipal Code, Chapter 17,
Zoning l'e1ated to the location of AEBs;
Exhibit 2 - Ordinance No. 737 (with proposed draft
amendments), amending the Yelm Municipal Code, Chaptel' 5,
Business Licensing and Regulation of AEBs;
Exhibit 3 - Public Hearing Notice
Exhibit 4 - Letter from Jan Norris, LMP
,\. Planning commission Meeting obiective related to this agenda item.
ro dl~cu~s the recommended draft amendmcnts to the adopted OrdInances # 736 & # 737 Both
ordll1ance" h,1\ e been "red-lll1ed" - whI<..h mcans the recommended amendments were applJed by
eIther ""trIkll1g out" the text to he omItted/changed (I e TE*f), and/or uSl11g "bold and underhned"
10nt 10r addInl.!, text to the two ordInance"! (I c TEXT) The recommended draft amendments
L _
\\crc LOmpkted by usmg the prIor comparhon lhaI1 and notes tJ-om the July 16'" Plan11lng
<-- Omml"iSIOn Work-"iesSlon dl"cusslon
B. Background.
\mendmcnts to Chapter 17 Zomng, governlllg the locatIon and land use approval process for
-"ltll1g adult entertaInmcnt OU"ill1c"!sc-" (AEB-..) and amcndments to Chapter 5, BUSIness Llcensmg
,ll1d RegulatIon, prO\ldlllg Ilcen~lIlg requIrements Il.)r adult cntC11all1ments busl11esses, operators
,ll1d entertalller-.. were conSIdered by the Planmng (omml"isJon on June 1 R, 2001 and recommended
lor ddoptlOn by the (Hy CounLlI On June 27 2001 Counul adopted ordInances 111 the same
format ciS thc Plannll1g ( ommhSlllO had relllll1mendcd
Page I or 42
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Based on public testm10ny at the Heanng, the Plannmg CommISSIon requested that staff conduct
addItIOnal research, specIfically on the Spokane and CmcmnatI ordmances, and brmg back
mf0l111atlOn for possible future amendments to the new ly adopted Yelm AEB Ordmances.
At the July 16 2001 Plannmg CommIssIOn Work- sessIon, Plannmg CommISSIOn revICwed,
dlscu~sed and recommended possIble amendments to the AEB Ordmanees, whIch have been
mcorporated mto the attached drafts.
Summary of Proposed Amendments:
Ordinance No. 736 - (Zolllng related ordmance )
. Add "Fmdmgs" from Cmcmnatl ordmance
. (hange "Massage Parlor" to "Adult Entertamment Parlor," (see ExhIbIt 4 )
. Add language trom 'Spokane ordmance m the followmg sectIOns
~ Added "all public facIlItIes" to sensItive land uses,
~ Land-Use Approval Process, changed to requIre a SpecIal-Use PerInIt process for
all types of AEB '..,.
Ordinance No. 737 - (Busmess License procedures.)
.
.
.
Add "Fmdmgs" from CmcmnatI orclInance
Change "Massage Parlor" to "Adult Entel1mnment Parlor"
Add language from Spokane ordmance m the followmg sectIOns
~ Adult Entel1amment Busme~s Llcensmg ReqUIrements,
~ Llcensmg 01 Entertmner" and Managers,
~ Standards 01 Conduct for Employees and Operators,
~ Hours of OperatlOn,
~ Tips/GratuIty,
~ Adult Entertamment Busmess additIOnal requIrements,
~ ResponslbIhtle<; of Manager of Adult Entertamment Busmesses,
~ Premises Specl ticatlOns,
~ Inspections
Staff Recommendation:
Statf recommends that the Plannmg CommISSIOn dISCUSS the proposed amendments, make any
changes necessary and forward a recommendatlOn to the CIty CouncIl for adoptIOn
Page 2 of 42
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Exhibit 1 - Ordinance No 736
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
with proposed amendments
CITY OF YELM
ORDINANCE NO. 736
AN ORDINANCE of the CIty of Yelm, Washington, regulating adult entertainment
businesses wIthin the City of Y elm, Washington, and amending Chapter 17, Zomng, m the
Yelm Mumclpal Code
WH EREAS, the CIty of 'r elm has thoughtfully and thoroughly evaluated the regulatIOns
nClCS~ar) to the sIting and regulatIOn of adult entertainment businesses, and
\VHEREAS. the City recognizes that sexually oriented businesses. due to their nature.
have serious objectionable operational characteristics. particularly when they are operating in
close proximity to each other. thereby contributing to crime. lower property values. urban
hlight. downgrading of the quality of life in the adjacent areas. and other nuisance effects: and
WHfREAS thL City ot Yelm has detenl1lncd that the regulatIon of the adult entertamment
Industry IS necessary hecause In the absence of "luLh regulatIon, slgmficant cnmlnal actIvIty has
hlstonLally and regularly oCLurred ThIs hIstory ofcnmmal actIvIty In the adult entertamment mdustry
has Included prostitution tllegal employment of minors, narcotIcs and alcoholIc beverage law
\'101atlons, breaches of the peace, tax evaSion, and the presence wIthin the Industry ofmdlvlduals wIth
hIdden ownershIp Interest and outstanding arrest wan'ants, and
WHEREAS the pwxumty hetween entel1alners and patrons during adult entertamment
perfonmlnLe'l Lan facilItate "lexual contact, prostItutIOn and related cnmes. Concerns about cnme and
puhlic sexual actIvIty are legItImate and compelling concerns of the CIty of Yelm whIch demand
reasonable regulatIon of adult entertainment estahlishments In order to protect the publIc health, safety
and general wel fare, and
WHEREAS. zoning. licensing and other police power regulations are legitimate.
reasonable means to ensure that the operator of sexually OI'iented businesses comply with
n~asonable regulations designed to minimize the adverse secondary effects which may
accompanv the operation: and
WHEREAS. the Cih reco2:nizes the harmful effects to children and minors exposed to
the effects of such husinesses and the importance of locating such businesses to preclude
children walking through 01' visiting in the immediate neighborhood of such businesses: and
WHEREAS. the City finds there would be a deterioration in the quality of businesses
which choose to operate in and around such sexually oriented businesses. and
( 11\ "I ,>,,,1111 Ord. 71h
,k .,l1l'lI\ ad1L'''ITl'Sp' !!ld
Page 301'42
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Exhibit 1 - Ordinance No 736
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
with proposed amendments
\VHEREAS. the City desires to minimize and control these adverse secondary effects and
thereby protect the health. safety and welfare of the citizens: to abate the nuisance effects of
sexually odented businesses. to protect the citizens from increased crime. to preserve the quality
of life: to preserve the property values and the character of surrounding neighborhoods and
businesses: and to protect against the threat to health from the spread of communicable and
social diseases: and
WHEREAS. the experiences of other states and cities demonstrate that reasonable
restdctions on sexually oriented businesses are beneficial and necessary as a means of reducing
and curtailing deleterious secondary effects of adult-oriented establishments and sexually
oriented businesses. including crime. and specifically. sex-related crime. noise. traffic congestion.
police response time and efforts. parking problems. sexual disease. and discarded pornographic
matedal on neighboring properties. and
WH EREAS It IS notthe mtent ofthl'wrdmance to suppress or censor any expresslVe actIvItIes
protected hy the FIrst Amendment of the Ul1lted Statcs ConstItutIOn or Alilc1e I, SectIOn 5 of the
Washmgton State ConstItutIon. hut rather to enact tIme, place and manner regulatIons whIch address
thc compcllmg mtere<;ts 01 the CIty m mltlgatmg the secondary effects of adult entertamment
o busmc~se~,
NOW THEREFORE he It ordamcd by the CIty Council of the CIty ofYelm, as follows
SectIon I.
ADULT ENTERTAINMENT BUSINESSES
I I DetimtlOns. Wherever the follow1l1g words and tenns appear m thIs chapter, they
shall have the followmg mean1l1gs
I I I Tho"c celiam tenns used herem whIch are defined 111 Ord 737, sectIOns I I,
2 I and .3 I shall have thc same mean1l1g as set forth m SaId sectIons.
1 I 2 The tenn "Adult Entetiamment Busmess" shall mc1ude all adult orIented
bus1l1csses mc1udmg adult arcades, adult bookstores, adult novelty stores, adult
VIdeo stores, and sll11llar adult uses, 111a55agC adult entertainment parlors and
adult lIve entcliammcnt centers.
I 1.3 "Massage "Adult entertainment parlor" means a place 111 the Incorporated
area ot the CIty where massage~ or like treatments are perfonned upon the
body of one person by another person, or where sauna baths, TurkIsh baths,
Swedl"h baths or the lIke are made available to members of the public
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tis shl'lI\ achcoJ'J'csp<>ntl
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Exhibit 1 - Ordinance No 736
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
with proposed amendments
I I 4 "Ma55C\gc ""Adult entertainment parlor employee" means any person who
gives massages to, or attends In any other way upon, patrons of a massage
parlor or who supervises the work of such a person.
I I 5 "Adult Arcade" shall mean a bUSIness where, for any fonn of consideratIOn,
one or more stIli or motIOn pIcture proJectors, slIde projectors, or sImIlar
machInes, or other Image producIng machInes, for vlewmg by five or fewer
persons each, are used to show films, motIon pIctures, VIdeo cassettes, slIdes,
VIdeo chsks or other photographic reproductIOns whIch are charactenzed by the
depictIOn or deSCrIption of "SpeCific Sexual ActIVItIes" or "SpeCIfic
Anatol1lH:al Areas."
I I 6 "Adult Bookstore", "Adult Novelty Store" or "Adult VIdeo Store" shall mean
a commercIal bUSIness which has as one of ItS pnnclpal busmess purposes the
offenng for sale or rental for some fonn of consIderatIOn, books, magazmes,
penodlcals or other pnnted matter, or photographs, films, motIon pIctures,
Video cassettes, slIcks VIdeo disks or other VIsual representatIOns whIch are
charactenzed by the depIction or descnptlOn of speCIfic sexual actIvItIes or
speCIfic anatomIcal area~. ProvIded, however, that VIdeo stores that sell and/or
rent only VIdeo tapes or other graphIc reproductIOns and assocIated eqUIpment
'1hall only come wlthm the defil1ltlOn set forth herem Iftwenty percent or more
of It~ '1tock m trade or revenue comes from the rental or sale of vIdeo tapes or
other photographlL reproductIons or aSSOCiated eqUIpment whIch are
charactenzed by the depIctIon or descnptlon of speCIfic sexual actIVitIes or
speCific dnat0l111cal areas
I I 7 "SpeCific anat0l111cal areas" means
(a) Less than completely and opaquely covered human gemtals, pubIC
regIOn, buttocks and the female breasts below a pomt ImmedIately
above the top of the areola.
(b) Human male gel1ltals In a dIscernIbly turgId state, even If completely
and opaquely covered
I I 8 "Speufic sexual actiVIties" mean~
(a) Human gemtals In a state of sexual stunulatIon, and/or
(b) Acts of human masturbatIOn, sexual mtercourse or sodomy; and/or
(c) FondlIng or other erotIc touchIng of human gemtals, pubIC regIOn,
( [tv "I') dm Ord. 7\b
d,; ,hc'i h. ache" IITl',;p(\Ild
Page 5 of 42
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Exhibit 1 - Ordinance No 736
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
with proposed amendments
buttocks or the female breasts.
I I 9 "Adult live entertamment center" means a busmess havmg, as parts of ItS trade,
live dancers or cnteliamers who depIct specIfic sexual actIvItIes or dIsplay
specltil. anatomIcal areas as defined hereIn, mcluded, but not lnmted to, topless
dance centers, sO-l.alled exot1l. dance centers and body pamtmg studIOS.
I I I () "Employee" means any and all persons, mcludmg entertamers, who work m
or at or render any serVICe~ dIrectly related to the operatIOn of any adult lIve
enteliamment center
I I II "Entertamer" means any person who prOVIdes entertamment wIthm an adult
live entertaInment center as defined m thIs sectIOn whether or not a fee IS
charged or accepted for such entertamment.
I I 12 "Entertamment" means any exhibItIon or dance of any type, removal of artIcles
of Llothmg, pantomIme modelmg or any other perfonnance
I I 13 "Operator" means any person operatmg, conductmg or mamtammg an adult
live entertamment center
1.2
Adult entertamment busmesses classJtied and penmtted.
1.2 I Adult enteliamment busmesses failIng under the definItIon of adult bookstore,
adult novelty store, adult vIdeo store or snmlar adult uses shall be penmtted m
speCIfic zones and under speCIfic standards IdentIfied m SectIOn I 4 through
a :<>ltc 1}lalllcvlC~ special use pel'mit process as reqUIred by Yelm MUnICIpal
Code Chapter -H-84 17.66
1.22 Adult arcades, nla~5agc adult entertainment parlors and adult live
entertaInment centers shall he penmtted In certaIn zones and under condItIons
Identltied under SectIon I 4 through a speCIal use penmt process as IdentIfied
under 'y elm MUniCIpal Codc Chapter 1766
1 i Adult entertaInment bUSInesses penmtted In certam land use zones sublect to certam
restnctIOns and standards.
1.3 I Adult enteliamment bUSInesses failIng under the definitIOns of adult
bookstores, adult novelty stores, adult VIdeo stores or other SImIlar adult uses
Cilv "r \' dm Onl. J1,()
t!s!sl1d i\. :lchc'IITl'SPOIlt!
Page 6 of 42
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Exhibit 1 - Ordinance No 736
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
with proposed amendments
may be pen111tted m the tollowmg zones subject to the standards and
reqUIrements of SectIon I 4 and spacmg reqUIrements IdentIfied below
(a) Land use /,ones pen111tted
Heavy Commercial Zone C-2,
II Large Lot Commercial C-3,
III Industnal, and
1\ LIght Industnal
(b) Spacmg and buffenng reqUIrements
II
No ~uch adult entertamment busmess shall be located closer
than three hundred thIrty feet from another adult entertamment
bus mess, whether such other busmess IS located wlthm or
outsIde the city II1111ts,
No such adult enteliamment busmess shall be located closer
than three hundred thIrty feet from any senSItIve land use or
land use l:one Identified m SectlOn I 5, whether such zone or
use IS located wlthm or outside the cIty hmIts.
(c) General standards All the standards of SectlOn I 4 shall apply
I 3 2 Adult arcades, nla~sage adult entertainment parlors and adult hve
entertamment centers shall be pen111tted m the tollowlllg zones subject to the
standards and reqUIrements of SectlOn I 4 and the spaclllg and buffenng
reqUIrements Identlt1ed helO\\
(a) Land use zones pen111tted LIght Industnal and Industnal
(h) Spacmg and huffenng reqUIrements
No adult arcade, 11laS5i1gc adult entertainment parlor or adult
Itve entertamment center shall be located closer than SIX
hundred "Ixty feet from another adult arcade, massage adult
entertainment parlor or adult hve entertamment center or
closer than three hundred thIrty feet from any other adult
entertalllment bus mess, whether such other busllless IS located
wIthlll or outside the cIty I 11111 ts.
II No adult arcade, Illi1SSi1ge adult entertainment parlor or adult
( 11\ 01' \ elm Onl. 7'6
ds,shL'lh <IL'bCl)ITL'Sp')lld
Page 7 of 42
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Exhibit 1 - Ordinance No 736
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
with proposed amendments
lIve entertamment center shall be located closer than SIX
hundred sIxty feet hom any sensitive land use or land use zone
Identltled m Section I 5, whether such zone or use IS located
wlthm or outside the cIty lImits
(L) General standards All standards of SectIOn I 4 shall apply
I 4 General standards for adult enteliamment busmesses. Adult arcades, adult bookstores,
adult novelty stores, adult vIdeo <;tores and sl1111lar uses, Ifl(l~$(lgC adult entertainment
parlors and adult hve entertamment centers shall confonn to the followmg general
standards
I 4 I All on-site parkmg areas and premise entnes of adult entertamment uses shall
be 1I1ummated hom dusk untIl one hour past c10smg hours ofoperatlOn with
a IIghtmg system whIch proVides an average mamtamed honzontal
IllummatlOn of one foot candle of lIght on the parkmg stnps and/or walkways.
An on-premise extenor IIghtmg plan shall be presented to and approved by the
Depmiment of Commumty Development pnor to the operatIOn of any such
use
I 4 2 All parkmg must be VISible ti'om the hontmg street. Access to the ex tenor rear
of the buIldmg shall be demed to any persons other than employees or pubhc
officIal.:; dunng the pert(mmmce ofthelr respective dutIes and tasks by means
of fencmg as approved by the Depatiment of Commumty Development.
I 4 3 In addition to all on-premise sign reqUIrements of Yelm Mumclpal Code
Chapter 15.24, the t()lIowmg slgmng prOVISions shall be followed
(a) There shall he no electromc reader hoards or changmg message center
':;Igns,
(b) All adult entcrtamment husmesses shall have facades, extenors, and
eXits whIch must be mdlstmgulshable from surroundmg bUlldmgs.
1l1ustratlOns deplctmg partIally or totally nude males and/or females
.:;hall not be posted or pamted on any extenor wall ofthe bUlldmg used
for sueh busmesses or on any door or apparatus attached to such
huIldmg
I 4 4 A 11 standards of the underl ymg Lone
l. il\ "n ell11 Ord. 7'oh
ds ,hl'ii, <Iehc"rrl'sp"nd
Page 8 of 42
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Exhibit 1 - Ordinance No 736
City of Yelm
October 8,2001
RE
Adult Entertainment Business
with proposed amendments
1 4 5 Reasonable condItIOns necessary to properly mItigate bona fide secondary
Impacts IdentIfied dunng the specIal use permIt revIew process.
I 46 All adult entertamment busmesses shall be reqmred to comply wIth the
requIrements of Chapter 17 of the Yelm MUnICIpal Code to promote
compatlhlllty wIth surroundmg land uses m both commercIal and the hght
mdustnal Lones.
1.4.7 A Pre-Submission Conference will be scheduled with the Community
Development Department. to assist the applicant in meeting the
regulations and provisions of this ordinance. as well as the Yelm
Municipal Code.
1.4.8 No alteration of the configuration of the interior of the adult
entertainment business or enlargement of the floor space occupied by the
premises may be made after obtaining a license. without the prior
approval of the Community Development Department. Approval for
said enlargement may only be granted if the premises and proposed
enlargement first meet the qualifications and requirements of the Yelm
Municipal Code. or other applicable statutes or laws.
1 5 SensitIve land u~es The followmg uses. propertIes and zones are conSIdered sensItIve
as referenced 111 SectIOns I 3 I and 1.3.2
1 5 I All Public Facilities. PlOpCl1y used t()1 pubhe <Hid pi I vate scl.ools, including
public and private schools. parks. libraries. etc.:
1 5 2 PI (,PO ty used tl." puhllc pal ks
I 5 J PI,1IKI ty used f(" public libl (11 ICS
1.5.24 Property used t()J" state-certltied day care,
1.5.35 Property used t()r commumty teen centers,
1.5.46 Property used for churches, cemetenes or other rehglOus faCIhtles or
I nstl tutlons,
1.5.51 Propel1y used tlJr res)(JentJaI and lodgmg uses and property zoned pnmanly for
C ]t\ (Ii' 't dill Ord. 71h
Lbishdl\ aChCll]TL'SjlLlIld
Page 9 of42
RE
Adult Entertainment Business
with proposed amendments
o
Exhibit 1 - Ordinance No 736
City of Yelm
October 8,2001
resldent131 useL mcludmg R-4, R-6 and R-14 zones,
1.5.61< Property used I'oT orgam zall ons. assoclab ons, facl!l hes and busmesses Whl ch
provIde as a slubstantJaI portIon of theIr actIvItIes, functIOn or busmess, the
provISIon of sbrvlces to chIldren and/or youth, so that the premIses of the
I
orgamzatlon, tfclhty or bus1l1ess would have chIldren and youth 111 attendance
or at the locatl(i)n dunng a predom1l1ant portIOn of the operatIOnal hours of an
adult enterta1l1/nent facilIty;
Mcasunn~ regulfed Jlances. The drstances between adult entertammcnt husmesscs
and sensItive land usc1s Identltied 111 SectIOn I 5 shall be measured by followmg a
straIght 11l1c WIthout rfgard to 1I1tervenmg bulldmgs from the nearest pomt of the
property,parcel upon "1hlch the propo:,ed use IS to be located ~o the nearest pomt ofthe
parcel ot property or tfe zone classltlcatlOn boundary Ime trom whIch the proposed
land use IS to he separated
WaIver of dIstance JqUlrements. The tollowmg procedures and cntena shall be
adhered to WIth regard to a request tor Walver of dIstance reqUlrements
I 6
I 7
o
1 7 I
\72
I 7 '3
o
llt\ II!' 'I dill Orcl. 7\ll
cis shellv aehCIIITl'SJ)(lllcl
DIstance \Va1\icr reqUlred Any party proposmg to locate an adult
enterta1l1ment IDusmcss \\ Ith111 less than the reqUIred dIstances from uses or
I
zones as specltkd 111 thl~ ord1l1ancc may do so only after obtammg a WaIver
I
therell'f from tt Clty councll through a specla! use peoml process.
WaIver notice TqUlrements In addItion to the notIce reqUlrements for speCIal
use penmts, tirst class maIlIng notice shall be made to all partIes wIthm the
cltstance set fohh m SectIOns I 3 I and I 3.2, dependmg upon the use m
questIOn The dpphcant shall proVIde the names and addresses of all property
owners and buJmesses wlth111 SaId distances trom the proposed use
I
Cntena tor deCISIOn. The tinal deCISIOn on the request for WaIver of dIstance
"hall be made ~y the CIty council based on conSIderation of the tollowmg'
(a) The extLt to whIch the phYSIcal features would result m an etfectIve
separatlbn 111 terms of VISIbilIty and access,
(b) CompatlbIhty With acljacent and surroundmg land uses,
(c) AbilIty \to aVOId the adult entertamment busmess by alternatIve
vehIcular and pedestnan routes
I
Page 10 of42
o
o
o
Exhibit 1 - Ordinance No 736
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
with proposed amendments
I R
Adult enteliall1ment busll1esses torbldden 10 other zones. Adult arcades, adult
I
bookstores, adult nov91ty stores, adult video stores, and sImIlar adult uses, l11o.5MgC
adult entertainment parlor'! and adult lIve entertall1ment centers shall be lImIted to
the zones specified for]such uses 111 ~ectlOn~ I 3 I and I 3.2 and shall be torbldden 111
all other Lones wlth10 the City of 'r elm
This ordinance docs lot prohibit:
(a) Plays.lperas. musicals. or other dramatic works that are not
I
obscene. or
Classe~. seminars and lectures which are held for serious scientific
or edubtional purposes and which are not obscene: or
Exhibitions. performances. expressions or dances that are not
I
obscene. .
The ex~mptions in subsection 1.7.4 of this section do not apply to
sexual ~onduct defined in Section 1 ofthis ordinance or the sexual
condudt described in RCW 48A.010 (20 (b) (ii) and (iii). Whether
or not kctivity is obscene shall be judged by consideration of the
standatds set forth in RCW 7.48.010 (2).
I 10 Adult entertall1ment bll11esses effect on other laws. ProvIsions of thIS chapter shall
not have the effect otl authorIZIng any actIvItIes prohibIted by state law or other
prOVISIOlb of thl~ code!
I
I
SectlLln 2. SeverabilIty If any pro+slons of thIS ordll1ance or ItS applIcatIOn to any person or
circumstances IS held lI1valIcl, the remall1der of the ordll1ance or the applIcatIOn of the proVISIOns to
other per'!ons or cm:umstances IS not ,ltfected
I
Section 3. EffectIve Date ThiS ordll1,Jnce shall become effectIve tive days followll1g ItS passage and
publIcation as reqLllred by law ]
I
PASSED by the Council of the CIty ofYelm, Washll1gton, at ItS regular meetmg on the 27'h day of
June 200 I I
1<-.>
(b)
(c)
(d)
CITY OF YELM, WASHINGTON
Adam RIvas, Mayor
( ill oi'\l'illl Ord. 7 'h
ds she'! 1\. <lchcorrcspolld
Page II of 42
o
o
o
Exhibit 1 - Ordinance No 736
City of Yelm
October 8, 2001
AuthentIcated
Agnes P Benmck, CIty Clerk
PUBLISHED Nlsqually Valley New,>, July 6,200 I
EFFECTIVE July I () 20(J I
Apprmcd as to fonl1
Attomey Brent Ddle
Owens DavIes MackIe
Cil\' "I' \ dill Onl. n(,
,k.,bdl\ al'hc"l'l'l'sp"lld
RE
Adult Entertainment Business
with proposed amendments
Page 12 of 42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
CITY OF YELM
ORDINANCE NO. 737
AN ORDINANC E ot the CIty of l' elm Wa~hIngton, regulatIng adult entertaInment
hllslt1esse~ wIthIn the CIty 01'1' elm, Wa~hIngton, and amendIng Chapter 5, BusIness LIcenses
and RegulatIOns Yelm Mlll11clpal Code
'W H EREAS the ( Ity of Y elm ha~ thoughtfully and thoroughly evaluated the regulahons
neLe"~ary to the "ltIng and regulatIon of adult entertainment busInesses, and
WHEREAS. the City recognizes that sexually oriented businesses. due to their nature.
have serious objectionable operational characteristics. particularly when they are operating in
close proximih to each other. thereby contributing to crime. lower property values. urban
blight. downgl'ading ofthe qualitv of life in the adjacent areas. and other nuisance effects: and
VI,' HEREAS the City ha~ deten111ned that the regulatIon of the adult entertainment Industry IS
IHxe~sary because In thc absence ot "uch regulatIon, "Igmticant cf11111nal actIvIty has hlstoncally and
regularly occurred. ThiS hIstory of enmInal actlV1ty In the adult entertainment Industry has Included
pro"tltutlOn, Illcgal employment of mInors, narcotIcs and alcohohc beverage law vIOlatIOns, breaches
of the peace tax evaSIOn. and the presence WIthin the Industry of indIvIduals WIth hIdden ownershIp
Intcrest and outstandIng arrest warrants, and
WHEREAS the proXII111ty between entertainers and patrons dunng adult entertainment
pertonnances can faclhtate sexual contact, prostItutIOn and related cnmes. Concerns about cnme and
publJc sexual actIvIty are legltllnate and compellIng concerns of the CIty of Yelm whIch demand
rea~onable regulatIOn ofadult entertainment bUSinesses In order to protect the pubhc health, safety and
general welfare, and
WHEREAS. concern over sexually transmitted diseases. including HIV/AIDS. is a
legitimate and serious health concern of the City which demands reasonable regulations of
sexually oriented businesses in order to protect the health. safety and well being ofthe citizens:
and
\\' HEREAS. zoning. licensing and other police power regulations are legitimate.
reasonable means to ensure that the operator of sexually oriented businesses comply with
reasonable regulations designed to minimize the adverse secondary effects which may
accompam the operation: and
( H\ \II 1 l'lm (}nl. 7')-'
d, ,,111.:11\ ;h.'hl...IHTl."pnlld
Page 13 of42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
WHEREAS. the Cit) recognizes the harmful effects to children and minors exposed to
the effects of such businesses and the importance of locating such businesses to preclude
children \\ alking through or v isiting in the immediate neighborhood of such businesses: and
\\ HEREA5l. the City finds there would be a deterioration in the quality of businesses
which choose to operate in and around such sexually odented businesses. and
WH EREAS. the City desires to minimize and control these adverse secondary effects and
thereby protect the health. safety and welfare of the citizens: to abate the nuisance effects of
sexually oriented businesses. to protect the citizens from increased crime: to preserve the quality
of life. to preserve the property values and the character of surrounding neighborhoods and
businesses. and to protect against the threat to health from the spread of communicable and
social diseases: and
WHEREAS. the Citv has determined that location criteria alone does not adequately
pl'otect health. safety and general welfare of the people ofYelm. and thus certain requirements
with respect to the ownership and operation of sexually oriented businesses is in the public
interest: and
WHEREAS. the experiences of other states and cities demonstrate that reasonable
restdctions on sexually oriented businesses are beneficial and necessary as a means of reducing
and curtailing deleterious secondary effects of adult-oriented businesses and sexually oriented
businesses. including crime. and specifically. sex-related crime. noise. traffic congestion. police
response time and efforts. parking problems. sexual disease. and discarded pornographic
material on neighboring properties: and
~ H EREAS, the CIty of Yelm finds It IS necessary to Itcense entertamers m the adult
cntertamment mdustry to prevent the explOitatIOn ofmmor<;, to ensure such entertamer IS an adult and
to ensure that such entertaIncrs have not assumed a false name, whIch would make regulatIOn of the
enteliaIncr (i1fficult or IInpo,>slblc, and
WHEREAS, the CIty ofYelm finds It necessary to have a hcensed manager on the premIses
ot husmcsses offenng adult entertamment at ,>ueh tllne and such busll1esses are offenng adult
entertamment '>0 that at all necessary tllnes there WIll be an lI1dlvldual responsIble for the overall
operation ot the adult entertall1mcnt busme~s. Includmg the actIOns of patrons, entertamers and other
employee,; and
(11\ ,I) ) \.:1111 ()rd. ~~7
,I, ....11...:1 h ~1\.'Io,- tl1Tl',,!1\ llld
Page 14 (11'42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
WHEREAS, the CIty of Yelm finds It necessary to establish license fees as nommal fees
Impo"ed as regulatory measures designed to help defray the substantIal expense mcurred by the CIty
ot ') Llm m regulatll1g thl. adult entertamment mdu~try, and
Vv H EREAS the City ofYelm ha::. determmed that hIdden ownershIp mterest for the purposes
ot "kllnm1l1g profib and aVOldll1g the payment ot taxes have hlstoncally occurred 111 the adult
entel1all1ment II1dustry 111 the ab~ence of regulation These hIdden ownershIp mterests have hIstorIcally
heen held b); organl/ed and whIte collar nllne elemcnt~ In order ft)r the CIty to effectIvely protect
the puhliL health. safety morab and general \"elf~lre ot Its CItIzens and effectIvely allocate Its law
entoru~ment re<.,ource~ It '....Important that the City be tully appnzed of the actual ownershIp of adult
entertclll1mcnt bU~lI1e~~e~. and the Identltle" and baLkgrounds of persons responsIble for management
and control of the adult enter1amment busmes~, and
Vv H EREAS It I~ not the mtent ofthl" ordmance to suppress or censor any expressIve actIvItIes
protected by the Flr"t Amendment of the Ul1Ited States ConstItutIOn or ArtIcle I, SectIOn 5 of the
Washmgton State ConstitutIOn. but rather to enact tIme, place and manner regulatIons whIch address
the eompellmg mterests of the CIty m mltlgatmg the secondary effects of adult entertamment
busmesses
NOW THEREFORE, be It ordamed by the CIty CouncIl of the CIty ofYelm, as follows
~ectlOn I
MASSAGC ADULT ENTERTAINMENT PARLORS AND EMPLOYEES
I I
Defil1ltlOns Wherever the followmg words and terms appear m thIS chapter, they
shall hm,e the t()llowmg meanmgs
I I I "Ma.'l:sagc "''Adult entertainment parlor" means a place m the mcorporated
area of the cIty where massages or like treatments are performed upon the
hody of one person by another person, or where sauna baths, TurkIsh baths,
Swedl"h baths or the lIke are made aVaIlable to members of the publIc
I I 2 "Ma.'lSagc ""Adult entertainment parlor employee" means any person who
gIves massages to, or attends m any other way upon, patrons of a massage
parlor or who supervIses the work of such a person.
I .2 ExemptIOns to l.hapter applIcabIlity The provIsIOns ofthls chapter shall not apply to
massages performed or baths proVided m any hospItal or at the athletIc department of
any publIl. or pm, ate secondary school or college, or by any person who has been
cel11fied or lIcensed hy the "tate ot Washmgton to practIce medlcme, surgery, drugless
( 11\ ,I! 1 dill On.! 71,7
d" ....1li..:11\ .ll'h\.\lrJL"'plIJld
Page 1501'42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
therapy phy....\l.al therapy, massage, osteopathy, osteopathy and surgery, chiropractic,
podiatry or nur~Ing.
1.2.1 This ordinance does not prohibit.
(a) Plays. operas, musicals, or other dramatic works that are not
obscene, 0."
(b) Classes. seminars and lectures which are held for serious scientific
or educational purposes and which are not obscene~ or
(c) Exhibitions. performances. expressions or dances that are not
obscene.
(d) The exemptions in subsection 1.2.1 of this section do not apply to
sexual conduct defined in Sections 1.1. 2.1 and 3.1 of this
ordinance or the sexual conduct described in RCW 48A.010 (20 (b)
(m and (im. Whether or not activity is obscene shall be judged by
consideration of the standards set forth in RCW 7.48.010 (2).
I 3
LicensIng of BusIness
I 3 I No per::.on, finn, pat1ner::.hlp corporatIOn, or other entIty shall operate an adult
entertainment parlor, adult arcade, adult bookstore, adult novelty store or
adult video store without first obtaining a hcense Issued pursuant to this
chapter
I 3 2 ApphcatlOns f()r such busInesses shall be made to the City Clerk/Treasurer
I 3 3 Such apphcatIons shall be venfied and provide the same Informatton as that
required t()r an adult hvc entertainment center hcensed as set forth In SectIOn
34
I 3 4 Apphcatlons shall be accompanied by a non refundable tee as set by resolution
ot the CIty Council, hO\\ever, until such fee IS set by such a resolutIon, the fee
shall be S500
1.3 5 An applicatIOn for <.;uch a license shall be processed and either granted or
denied In the manner set torth In Sections 3 4 5 and 3 4 6
( 11\ III '\ dill On!. 717
d~ .....111.:1" ~1l'h\.'UITL':-;pond
Page 10 of 42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
I 3 6 Licenses granteu pursuant to thIs chapter shall expIre on December 31, of the
year tor \" h\(..h ..,uch lIcenses IS I..,::,ueu or renewed
I 3 7 Such lIcense may be renewed by submlttmg a new applIcatIOn and followmg
the applIcatIOn procedure referenced herem, provIded, that a renewal
applIcation shall not be ..,ubmltted pnor to September I, for the followmg
calendar year
I 4 Llcensmg of bnployee::,. An applIcatIOn t(X such a lIcense shall be processed and
eIther granted or uenIed m the manner set forth m SectIOn 3 5
I 5 RevocatIOn of LIcense RevocatIOn of a massage adult entertainment parlor lIcense
or employee lIcense shall be set t()rth m the manner described m SectIOn 3 6
16
InspectIOns The premIses of all I11aSSagC adult entertainment parlors shall be
mamtamed m a ..,afe and sanItary manner An applIcant for a lIcense called for herem
shall be consIdered to consent as a conditIOn of recelvmg such lIcense to mspectIon by
the ChIef of PolIce or the BuIldmg OfficIal or theIr deSIgnees dunng hours when such
busmesses are open The purpose of such mspectlOn shall be to detenmne If the
lIcensed premIses IS operated m accordance wIth the reqUIrements of thIs chapter It
IS hereby expressly -declared that unannounced mspectlOns are necessary to ensure
complIance wIth thIS chapter
I 7 Hours of operatIOn. All massage adult entertainment parlors shall be closed, and all
servIces perfonned therem dlscontmued, between the hours of 12.30 a.m and &-Be
10:00 a m
I 8 PremlsesuLlquor prohibIted LIquor (as that tenn IS defined m the Washmgton State
AlcoholIc Beverage Control Act) shall not be dIstnbuted or consumed on the premIses
of any Il1a5SagC adult entertainment parlor
I <) VIOlatIOn deemed a publIc nUIsance Any actIVIty, act or conduct contrary to the
prOVISIOns of thIS chapter IS declared to be unlawful and a publIc nUIsance and such
actIvIty, act or conduct may be enJomed by an actIon brought by the CIty Attorney or
other mterested person
I I () VIOlatIOn deemed a mIsdemeanor Any person, finn or corporatIon vlOlatmg any
provl::'lon of this chapter "hall be guIlty of a mIsdemeanor and each such person, tirm
or corporatIOn ..,hall be deemed guilty ot a separate offen::,e for each and every day
(,1\ ,I \,'hnUrd. 7,7
d:-- ,lll.:1 h :Ich.. \ lIT\...':'pt Illd
Page 1701'42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
dunng which any vIOlatIOn IS commItted, contInued or permItted. No person shall be
deemed gUIlty of any vIOlatIOn of thIs chapter If actIng In an InvestIgatIve capacIty
pursuant to the request or order of the PolIce ChIef: CIty Attorney or duly appoInted
agent of clthcr
ScctlOn 2
ADULT BUSINESSES
2 I
DefimtlOns
2 I 1 "Adult Arcade" shall mean a bUSIness where, for any fonn of consIderatIOn,
one or more stIlI or motIOn pIcture projectors, slIde projectors, or SImIlar
machmes, or other Image producmg machmes, for VIeWIng by five or fewer
persons each, are used to ,how films, motIOn pIctures, vIdeo cassettes, slIdes,
vIdeo (h,ks or other photographIc reproductIOns whIch are charactenzed by the
depIctIon or descnptIon of "SpecIfic Sexual ActIvItIes" or "SpecIfic
AnatOlTIIcal Areas"
") 1:2 "Adult Bookstore", "Adult Novelty Store", or "Adult VIdeo Store" shall mean
a commercIal bUSIness whIch has as one of ItS pnnclpal bUSIness purposes the
offenng for sale or rental for some form of conSIderatIOn, books, magazmes,
penodlcals or other pnnted matter, or photographs, films, motIOn pIctures,
VIdeo cassettes, slIdes. VIdeo dIsks or other VIsual representatIOns WhICh are
charactenzed by the depIctIOn or descnptlOn of speCIfic sexual actIVItIes or
speCIfic anatomIcal areas. PrOVIded, however, that VIdeo stores that sell and/or
rent only VIdeo tapes or other graphIC reproductIOns and assocIated eqUIpment
shall only come wlthm the defimtlOn set forth herem If twenty percent or more
of ItS stock m trade or revenue comes from the rental or sale of VIdeo tapes or
other photobTfaphlc reproductIOns or assocIated eqUIpment WhICh are
charactenzed by the depIctIOn or descnptlOn of speCIfic sexual actIVItIes or
speCific anatomIcal areas.
-
:2 1.3 "Specific anatomIcal areas" means
(a) Less than completely and opaquely covered human gemtals, pubIC
regIon, buttocks and the female breasts below a pomt ImmedIately
above the top of the areola.
(b) Human male gemtals 10 a dIscernibly turgId state, even If completely
and opaquely covered
( 11\ "I \ c'ill1 Ord. 717
lb ...hell\ .ll'hCtHTC....P<Hld
Page 18 of42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
2 I 4 "SpecI tic sexual actIvItIes" means
(a) Human gemtals 10 a '-'tate of sexual stlmulatlOn, and/or
(h) Acts of human masturbatIOn, ~exual mtercour~e or sodomy; and/or
(c) Fondl1ng or other erotIc touch 109 of human gemtals, pubIc regIOn,
buttocks or the female breasts.
') ) Llcensmg of Busmess
2 2 1 No per'-'on, tinn, partner,-,hlp corporatIOn, or other entIty shall operate an adult
arcade adult bookstore, adult novelty store or adult VIdeo store WIthout tirst
obtammg a lIcense Issued pursuant to thIS chapter
2.2 2 ApplIcatIOns tor such husmesses shall be made to the CIty Clerk/Treasurer
2.2 3 Such appl1catlOns shall he ventied and provIde the same mformatlOn as that
reqUIred tor an adult lIve entertamment center lIcensed as set forth m SectIOn
34
2 2 4 ApplIcatIOns shall be accompamed by a non refundable fee as set by resolutIon
ofthc CIty Counctl, however unttl such fee IS set by such a resolutlon, the fee
shall be $500
2.2 5 An appltcatIon for such a lIcense shall be processed and eIther granted or
demed m the manner set torth 10 SectIons 3 4 5 and 3 4 6
2.2 6 LIcenses granted pursuant to thIS chapter shall expIre on December 31, of the
year for WhICh such I1censes IS Issued or renewed.
227 Such license may be renewed by submlttmg a new appl1catlOn and tollowmg
the appl1catlOn procedure referenced herem, prOVIded, that a renewal
appl1cat)on shall not be submItted pnor to September 1, for the followmg
calendar year
2 3 RegulatIons relatmg to on-premIse vlewmg.
2 3 I Any adult arcade, adult book.store, adult novelty store or adult VIdeo store
havmg bCllttles tor customers' vlewmg of depIctIons of human nudIty and/or
(,1\ "I )l'iIllOrd 717
d.... ....hdh ;lchl'()fTl'",;ptlnd
Page 19 of42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
<.;cxual conduct of any nature, IncludIng depictIons ofspecltic sexual actIvItIes,
shall comply with the folloWIng regulations
(a) ( onstructl(m/MaIntcnance
All vIC~"II,g b(I(ltI15 511all bc con5t1uctcd 01 Iccon5tltlctcd 50
that tk llltCll\l1 ofd,c vlC~lhg booth 15 Ob5CI v able by pCI50n5
iii thc al"lcs (II (,tlICI (IPCh alCM ofthc bU5IIIC55 5uch diM tllc
1c,~Cl tllll'ly-SIX IIIchc5 of tllC dom 15 OpCh to publIc vlC~
Adult Arcade Entertainment Business Premises. All adult
arcade stations or booths must open to the public room so
that the area and occupant inside the booths are fully and
completely visible by direct line of sight to the manager
located at the manager's station which shall be located in
the main entrance way to the public room containing the
arcade stations or booths. No curtain. door. wall.
merchandise. display rack. or other non-transparent
enclosure. material. or application may obscure in any way
the manager's view of any portion of the activity or
occupant of the adult arcade station or booth. or the
performance area.
All such areas shall be maIntaIned In a clean and samtary
conditIOn at all tImes.
All ventilation devices or openings between adult arcade
booths must be covered by a permanently affixed louver or
screen. Any portion of a ventilation opening cover may not
be located more than one foot below the top of the booth
walls or one foot from the bottom of booth walls. There
may not be any other holes or openings between the booths.
Signs sl.allllc c(II,splcuoU5ly pCJ5tcd Oil thc plCIlll5C5 advl51l1g
CUSt(,liICI'> USllIg vlCwll1g bl/odl5 tllat There must be
permanently posted and maintained in at least two
conspicuous locations on the interior of all adult arcade
premises a sif,!n stating substantially the following:
Page 20 of 42
II
iii
(b) Signs
(11\ "I ~ elm Ord 7\7
d.... ....hdh l.ll'nl'PITI..'..;rond
o
o
(J
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
( I ) NO PERSON~ UNDER THE AGE OF EIGHTEEN
YEARS SHALL BE ALLOWED TO OCCUPY A
VI EWING BOOTH AT ANY TIME
(2) OC.C.UPANCYOF ANY STATION OR BOOTH IS
AT ALL TIMES LIMITED TO ONE PERSON.
(3) THERE MAYBE NO CRIMINAL ACTIVITY IN
THE STATIONS. BOOTHS. OR ON THE
PREMISES. INCLUDING BUT NOT LIMITED
TO: SEXUALLY EXPLICIT CONDUCT (RCW
9.68A.OII). ACTS OF LEWDNESS (YMC 9.16).
INDECENT EXPOSURE. PROSTITUTION.
DRUG ACTIVITY. OR SEXUAL CONDUCT. AS
DEFINED HEREIN.
(4) VIOLATORS ARE SUBJECT TO CRIMINAL
PROSECUTION.
( I )
!\1,t"tud,dtlOl. III ~'>Ucl. bOOtl.5 15 plOlribltcd and
unlawful
That It 15 tll.la~ful fOl n.olc tI.an onc cU5tOluCI to
(,((Up)' a vlC~liIg bootl. at 1\11)' tUIlC
(2)
ii. Each sign must be conspicuously posted and not screened
from the patron's view. The letters and numerals must be
on a contrasting background and be no smaller than one
inch in height.
(c) Lighting. Sufficient lighting must be provided and equally
distributed throughout the public areas of the adult entertainment
business so that all obiects are plainly visible at all times. A
minimum lighting level 000 lux horizontal. measured at 30 inches
from the floor and on IO-foot centers is required for all areas of
the adult entertainment business where members ofthe public are
permitted.
(d) Unlawful Conduct The follOWing conduct or activity IS unlawful
(11\ 0' ) dill Ord 717
tis ..;h",'lh ':lchn.HTl'Spond
Masturbation In VICWIng booths.
II Two or more customers In a viewing booth at the same tIme
III The use ot such booths by any person under the age of eighteen
years
Page 21 of42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
IV For the owner or manager to know1l1gly allow the above
conduct.
.2 4 Regulatlon~ applIl.able to vIdeo ~tores not qualIfY1l1g as adult vIdeo stores. VIdeo
stores that ..,ell or otherwl'le dl'ltnhute tilms. motion pIctures, vIdeo cassettes, slIdes,
vIdeo dl~b or other visual repre,>entatlons whIch arc charactenzed by the depIctIon or
de~cnptlon ot 'lpecltic sexual actlvltle~ or specltic anatomIcal areas, and less than
twenty percent of theIr stock-1l1-trade or revenues comes from the rental or sale of such
Items ~hall he suhJect to the t()llowmg regulatIOns
.2 4 I All SLlL.h Items as are descrIhed ahove shall be physIcally segregated and closed
off from other portIOns 0 f the store such that these Items are not vIsible and/or
aceessl ble from other portIons of the store
2 4.2 No advertls1l1g for 'luch Items shall be posted or otherWIse VISIble Except
where such Items arc authonzed tor dIsplay
2 4.3 SIgns readable at a dIstance of twenty feet m both EnglIsh and Spamsh shall
he posted at the entrance to the area where such Items are dIsplayed statmg that
persons under the age of eIghteen are not allowed access to the area where
such Items are displayed
2 4 4 The manager or attendant shall take reasonable steps to momtor the area where
such Items are dIsplayed to ensure that persons under eIghteen years of age do
not access the age-restrIcted area.
2 4 5 Rental or sale of obscene matenal (as detined by state law) or matenal hannful
to m1l1ors (as detined hy 'ltate law) to persons under eIghteen years of age IS
prohlhlted.
2 4 6 Employees of such VIdeo stores shall check IdentIficatIon to ensure that such
Items are not rented or sold to persons under the age of eIghteen.
.2 5 RevocatIOn of lIcense The CIty Clerk/Treasurer shall revoke a lIcense Issued pursuant
to thIS l.hapter I f the C lerk/Trea~L1rer tinds any of the tollowmg condItIOns to eXIst
2 5 I The hcensec has made a false statement or gIven false mtOnl1atlOn 111
l.Onncctlon With thc apphl.atlOn for the applIcable ltcense
( It \ \ d ') dill ()rd. 7 7
d..; "Ill'! h ;ldx,)n l',",P' Illd
Page 22 of 42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
SectIOn 3
(1!\"i')dIllOrd 717
d~ ...;hl'll\ ~ll'h.:{lITI..'''Pi\lld
RE
Adult Entertainment Business
Ordinance with proposed
amendments
2 5 2 The lIcensee has vIOlated or penllltted violatIOn of any provIsions of this
chapter
2 5.3 The IIcen~ee has been convicted of or forfeited bail to any of the crllnes which
would have cau~ed the Lit)' to refuse to I~sue the lIcense upon the mltIal or
renewal applIcatIOn
Appeal ti'om either the denIal of a lIcense or the revocation of a lIcense shall
be madc to the city councIl proVided for 10 Yelm MUnICipal Code, 15 49 160
2 6 Inspections An applIcant for a lIcense called tlJr herem shall be considered to consent
as a comhtIOn of recelvmg such IIccn~e to mspectlOn by the Chief of Pohce, City
Clerk/Treasurer or the BUlldmg Ofticlal or their deSignees dUrIng hours when such
busmesse~ are open The purpo,>e of such mspectIon shall be to determme If the
licensed preml~es IS operated 10 accordance With the requirements of this chapter It
I~ hereby expressly declared that unannounced mspectlOns are necessary to ensure
complIance With thiS chapter
27
Hours of operation. Busll1esses licensed pursuant to thiS chapter shall be closed
between 12 30 a m and g...oo- 10:00 a.m
28
VIOlatIOn deemed a p.ubhc nUIsance Any actiVIty, act or conduct contrary to the
proVISIOns of thIS chapter IS declared to be unlawful and a pubhc nUIsance and such
actiVity, act or conduct may be enJomed by an actIOn brought by the CIty Attorney or
other mterested person
29
VIOlatIon deemed a mIsdemeanor Any person, tirm or corporation vlOlatmg any
prOVISion of thiS chapter shall be gUIlty of a Illlsdemeanor and each such person, firm
or corporatIOn ,>hall be deemed guIlty of a separate offense tor each and every day
dunng which any VIOlatIOn I'> committed, contll1ued or permItted. No person shall be
deemed guIlty of any VIOlatIOn of thiS chapter If actmg 10 an mvestIgatIve capaCIty
pursuant to the request or order of the Police ChIet: City Attorney or duly appomted
agent of eIther
ADULT LIVE ENTERTAINMENT CENTERS
3 I
DetinItlon:-, The tlJlIowmg word~ and phrases shall have the follOWIng meanmgs for
purposes of tlm chapter'
Page 23 of 42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
:i I I "Adult 11\ C entertaInment center" means a busmess havIng, as parts ofIts trade,
live dancer~ or entertaIner~ who depIct specific sexual activIties or dIsplay
-;PClI til JnatOll11cal arca~ as defined herem, Included, but not hmlted to, topless
dancl center~, sO-lalled exotll dance centers and body pamtIng studIOS
3 I 2 "Employee" means any and all persons, mcludmg entertamers, who work 10
or at or render any servIces dIrectly related to the operatIOn of any adult hve
cntel1aInment center
:i ]:i "EntertaIner" means any person who prOVides entertaInment wlthm an adult
live entertamment center a~ detined 10 thIS section whether or not a fee IS
charged or accepted t()r such entertamment.
3 I 4 "EnteI1aInment" means any exhibItIOn or dance of any type, removal of artIcles
of clothIng, pantomnne, modelIng or any other perfonnance
3 ] 5 "Operator" means any person operatIng, eonductmg or mamtammg an adult
live entertamment center
3 I 6 "SpeCIfic anatomIcal areas" means
(a) Less than completely and opaquely covered human gemtals, PUbIC
regIOn, buttocks and female breasts below a pomt ImmedIately above
the top of the areola.
(b) Human male gemtals In a discernibly turgId state, even If completely
and opaquely covered.
3 I 7 "Speclfil sexual actIVIties" means
(a) Human gemtals 10 a state of sexual stimulatIOn, and/or
(b) Acts of human masturbation, sexual mtercourse or sodomy, and/or
(l) FondlIng or other erotIC touchmg of human gemtals, pubIC regIOn,
buttocks or the female breasts
1 2 Conduct ot employee:-. and operators The follOWIng standards of conduct shall be
adhered to by operator,> and employees of any adult lIve entertaInment center
l 11\ "I ) dill Ord. 7 n
d...;.....lll'll\ ..1I..'hnHTc",;p<lnd
Page 24 of 42
r-
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
3.2.1 All employees of an adult live entertainment center must adhere to the
following standards of conduct while in any area in which a member of
the public is allowed to be present:
(a) An employee may not be unclothed or in such less than opaque
and complete attire. costume or clothing so as to expose to view
any portion of the female breast below the top of the areola or any
portion of the pubic region. anus. buttocks. vulva or genitals.
except upon a stage at least eighteen inches above the immediate
floor level and removed at least eight feet from the nearest
member of the public.
J.2 I No pCl~un ClJ1r,k,yed In the sale OJ sel vIce of food and/OI dllllk ~ltIlIn all adult lIve
entertaIlllllellt centCl shall be Ullcluthed 01 111 sucll attIle, costunlC 01 clotl'lllg so as to
expose, ~Ith less thalt a fully "paquc CGvellllg, ,UlY portIon of tk J.unlall gCnItals,
pubiC I eglan, buttocks altd the fm,ale bl Gists bclo~ a pOint Il1ln,cdlatcly above tIIC top
(lftLe alc"la.
(b)
An employee mingling with a member of the public may not be
unclothed or in less than opaque and complete attire. costume or
clothing as described in subdivision (a) ofthis subsection. nor may
a male employee appear with his genitals in a discernibly turgid
state. even if completely and opaquely covered or wear or use any
device or covering that simulates the same.
J 2 2 Na pelsoll el11pl(lyed OJ otho ~15e penllltted to COltvCISe, daltcc 01 Inlllglc WIth tIle
patlOlt5 ~ltIlII1 all adult II ve elltcrtamnlCllt celltcl shall be unclothed 01 In SUell attllc,
emtUl1le (,l ck,tIlIng as desellbed lit SectIolI J 2 I
(c) An employee mingling with a member ofthe public may not wear
or use any device or covering exposed to view which simulates the
breast below the top of the areola. vulva. genitals. anus. a portion
of the pubic region. or buttocks.
J 2 J No I,CI~(1!1 dcsCllbed III SeetH,ns J 2 I and J 2.2 sl,all encoUlage 01 pClnIlt ally pCISOl1
UpOII tile Illel1l1:<;e5 to t(,U(I1. eaIC$~ (1\ fUI,dlc tile blcast5. buttocks. anw; 01 gCllItals of
ally otho pel S(I\1
( 11\ III "1.:1111 (hd --'~7
d_" ...111.:11\ ;l\.:hUllTI...''';Plllhl
Page 25 of 42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8,2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
(d) An employee may not caress. fondle or erotically touch a member
of the public or another employee. An employee may not
encourage or permit a member of the public to caress. fondle or
erotically touch that employee.
J 24 Nc, pClSlI11 dcsclll}cd In Sectlc,l,."> J 2 I dl,d 3.22 sllall ~cal 01 mc an)' dCvlcc 01
Un ellllg expc,.">cd to v\(~ ~IIIcI, :q),wlate."> the hleMt, gCltltal.." anus, pubIc l,all 01 any
pc,111(}!l tllCl c(,f
(e) An employee mav not perform actual or simulated acts of sexual
conduct as defined in this ordinance. or an act that constitutes a
violation of chapter 7.48A RCW. the Washington moral nuisance
statute. Yelm Municipal Code CYMC) 9.16. the City's lewd
conduct provision or any provision regulating offenses against
public morals.
i.25 N(} PC1S(}1I dCSCl il}cd III Scctlc,ns J 2 I and 3.2.2 1101 any clItcrtalllCI sl,a11 pCtfOml act$
ofcl! acts ~Llch slIlIulatc
(a)
Scxualllltcl cow SC, n la$tw batlolI, $odonl)', bC$ttahty, oral copulatIOn,
tlagcllatloh or any scxual act$ whlcL atc prol,ibltcd by law;
Thc touchmg, cal c$$mg or f'Ondlmg OftllC bl cMt$, buttoeh ot gcmtal$,
TIle dl5playmg lIfthc pubIc hall, aIIU$, vulva 01 gCIIItal$.
(b)
(c)
(t) An employee mingling with a member of the public may not
conduct any dance. performance or exhibition in or about the non-
stage area of the adult live entertainment center unless that dance.
performance or exhibition is performed at a distance of at least
four" feet from the member of the public for whom the dance.
performance or exhibition is performed. The distance offour feet
is measured from the torso of the dancer to the torso of the
member of the public.
(g) N(, patl(,11 sl,all be pcmIltted to dllcctl)' 01 1I1d1ICCtl)' pay 01 glvc any
gldtUlty t(, <lny ClltC11dlll(I A tip or gratuity offered to or accepted
by an entertainer ma} not be offered or accepted before any
performance. dance or exhibition provided by the entertainer. An
entertainer performing upon any stage area may not accept any
form of gratuity offered directly to the entertainer by a member
(,1\ ,Ii ) L'illl ()rd. ',7
d,') ,,111.-'1 h ~ll'h\.'lllTl'''rllJ1I..1
Page 20 of 42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
of the public. A gratuity offered to an entertainer performing
upon any stage area or in any booth or arcade device must be
placed into a receptacle provided for receipt of gratuities by the
management of the adult live entertainment center or provided
through a manager on duty on the premises. A gratuity or tip
offered to an entertainer conducting a performance. dance or
exhibition in or about the non-stage area of the adult live
entertainment center must be placed into the hand of the
entertainer or into a receptacle provided by the entertainer. and
not upon the person or into the clothing of the entertainer.
(h) No entcI1amer shall he pen11ltted to sohelt any pay or gratUIty from any
patron and/or solicIt the purchase of any food or dnnk by any patron.
J 2 6 Nc. entcl1all1C1 ,,,1101-" U1lc](Ithcd (,I III sue\' aUne, costun,c 01 elothmg as desclibcd In
SceW,n 3.2 ] (,ftlll.'> c1laptCl .'>helll PCdi.1l111 eb;c~\'Cle wltlml an adult clitertammclIt
(ento otllel t\'all upon a .';tage elt least C1glltcclI mches above the 1l11I11cdlate flom level
~ hCl c patt (,itS al C sCated (,I stand, alld I CIlia ved at least SIX feet fi on, tl,e neal cst
pattOlI
3.2.2 At an adult live entertainment center the following are required:
(a) Admission must be restricted to persons of the age of eighteen
years or older. An owner. operator. manager or other person in
charge of the adult entertainment business may not knowingly
permit or allow any person under the age of eighteen years to be
in or upon the premises whether as an owner. operator. manager.
patron. member. customer. agent. employee. independent
contractor. or in any other capacity. This section is not intended
to be used in a prosecution of a minor on or within an adult
entertainment business.
(b) Neither the performance. nor any photograph. drawing. sketch or
other pictorial or graphic representation of the performance.
displaving any portion ofthe breasts below the top ofthe areola or
any portion of the pubic region. buttocks. genitals. and/or anus
may take place or be located so as to be visible to minors who are
or mav be outside of the adult entertainment business.
Page 27 of 42
( It\ "I 'I dill Ord. ?;C
LIs "ilL"! h ~1L'hL't IITl....,r1llld
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
(c) A member ofthe public may not be permitted at any time to enter
into any of the non-public portions of the adult entertainment
business, that includes but is not limited to: The dressing rooms of
the entertainers, other rooms provided for the benefit of
employees, or the kitchen or storage areas. However, a person
delivering goods and materials, food and beverages, or performing
maintenance or repairs to the premises or equipment on the
premises may be permitted into non-public areas to the extent
required to perform the person's iob duties.
(d) Restrooms mav not contain video reproduction equipment and/or
adult arcade devices.
(e) Doors to areas of the adult entertainment business that are
available for use by persons other than the owner, manager,
operator, or their agents or employees, may not be locked during
business hours.
(f)
No person may operate or maintain any warning system or device,
of any nature or kind, for the purpose of alerting, warning, or
aiding and abetting the warning of any patrons, members,
customers. owners, operators. managers. employees. agents.
independent contractors. or any other persons in the adult
entertainment business. that police officers or County health. code
enforcement. fire. licensing. or building inspectors are
approaching or have entered the premises.
1 3 OperatIon regulatIOns The folloWIng reqUIrements shall be adhered to by any adult hve
entertaInment center'
331
There shall he posted and conspICuously dIsplayed In the common areas of
each adult lIve entertaInment center a hst of any and all entertaInment proVIded
on the premIses tor a tee In addItion to the admISSIOn fee. Such hst shall further
IndICate the specific fee or charge In dollar amounts tor each entertamment
lIsted
( 11\ pI 1 dill Onl. -;,7
ll... ,Ill'I/\ ;IL'hL'( HTl'-':P{ \Ild
., ., I
J _) _
No activIty or entertaInment OLCUITIng wIthIn an adult hve entertamment
Lenter ~hall he \'Islhle at any tIme trom outsIde such hall
Page 2X of42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
3 3 3 At lea~t one secunty person per one hundred patrons shall be on duty InSIde the
premIses at all tImes dunng hours of operatIon. Secunty persons shall also
patrol the parKIng area adjacent to the premIses at least once per each hour of
operatIOn AI] secunty persons "hall wear a umfonn whIch WIll make such
persons ITadtly recogl11/ahle as "ecunty personnel
.3 3 4 AdmISSIon shall be restncted to persons of the age of eIghteen years or over
.3 3:; Suftil.lent lIghtIng ~hall he proVIded In and about the parts of the premIses
whll.h arc open to patron~ and/or members of the publIc so that all objects are
plaInly vI"lhlc at all tlme~
3 .3 6 An adult lIve entertaInment center shall be closed between 12 30 a.m. and 8-'00
10.00 a 10
.3 3 7 No opcrator or employee of an adult lIve entertaInment center shall serve, sell,
dlstnbute or penTIlt the con~umptIon or possessIOn of any IntOXIcatIng hquor
or controlled substance upon the premIses of such bUSIness, IncludIng parkIng
lots under the control of the operator
3.3 8 An operator of an adult lIve entertaInment center shall conspIcuously dIsplay
the lIcense reqUIred by thIS chapter In an area open to patrons of such
establIshment.
3 3 9 No operator of an adult lIve entertaInment center shall employ as an entertaIner
any person under the age of eIghteen years or a person not hcensed pursuant
to thIS chapter
.3 .3 lOAn operator of an adult lIve entertaInment center shall maIntaIn and retaIn for
a penod of two year~ - names addresses and ages of persons employed as
entertaIner.;; by lIcensee
') 4 LIcenSIng of bUSIness
.3 4 I No person finn. partner"hlp, corporatIOn or other entIty shall operate an adult
lIve entertaInmcnt center WIthout first obtaInIng an adult lIve entertaInment
center lIcense I~sued pursuant to thIS chapter
( It\ <II ) l'll11 ()rd '1'
ll..... ...;111.'/1\ ;ld1l'{IITt..'''P\1Ild
Page 29 of 42
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
3.4.2 Prior to the issuance of a license. the applicant must be qualified
according to the provisions of all applicable City ordinances. the laws of
the United States and of the State of Washington. The premises must
meet the requirements of all applicable laws. ordinances. and regulations
including but not limited to the Uniform Building Code. and the Yelm
City Zoning Code. All premises and devices must be inspected prior to
issuance of a license.
34.3 AIJpllc<1tIOns f()1 adult II vC Clltcrtallllllcnt (elIte I lIechses sl,aIl be made to tI.e
City ClCl k/TI easUl Cl An application for an adult live entertainment center
license must be submitted to the City Clerk/Treasurer in the name of the
person or entity proposing to conduct the adult live entertainment center
on the business premises and must be signed by the person and certified
as true under penaltv of periury. An application must be submitted on a
form supplied by the City Clerk/Treasurer. which must require the
following information:
J 4 J Ah applicatIOn fClI clll adult hvc clltertallllllCl1t centCl license sl.aIl be vellfied
cHid .,1t;111 plovlde tllC foll(/~1I1g 1Iltl/lnlatIOn
o
(a)
(b)
(c)
o
( 11\ "I I ,'Im Old. 7 7
\..1:..; "ill'! h aL'hl' IiTL':-'P( \Ild
The full nalllC (\lId ahas (past 01 plescnt), addless, tdepl.olIe humbeI,
IJIII,elpal (/ccupatIOI1 al,d date of blrtl. of tile applIecu.t alId of the
IlIallagmg agolt 01 agellts of tile busmess, For the applicant and for
each applicant control person. provide: Name(s). date(s) of birth.
any aliases or previous names. driver's license number(s). social
security number(s). and mailing and residential address(es):
The husmess name, busmess address, federal tax IdentIficatIOn
number, state of Washmgton master busmess license number and
busmess telephone number of the busmess or proposed busmess,
together WIth a descnptlOn of the nature of the busmess,
Whether the but>mest> or proposed busmess IS the undertakmg of a sole
propnetorshlp, partnershIp or corporatIOn. If a sole propnetorshIp,
the apphcatIon shall set flxth the name, address, telephone number and
pnnclpal occupatIOn of the sole propnetor If a partnershIp, the
apphcatlon shall <;ct f()rth the names, addresses, telephone numbers,
pnnclpal occupatIOn and respectIve ownershIp shares of each partner,
whether general III11Ited or silent If a corporatIOn, the apphcatlOn
"hall set tlxth the corporate name, a copy of the artIcles of
IncorporatIon. including date and place of incorporation and the
names. addresses. telephone numbers and pnnclpal occupatIOns of
Page 30 of 42
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
(<.I)
(e)
o
(f)
(g)
(h)
(i)
o
( ]t\ pI l dill ()rd 7,7
lb ....hdh :ll'hl'\IITl'....P{lllll
RE
Adult Entertainment Business
Ordinance with proposed
amendments
every ofticer and director of the corporatIon, and every shareholder
havIng more than tive percent of the outstandIng shares of the
corporation, and evidence that the partnership or corporation is in
good standing under the laws of Washington: and the name and
address of the registered agent for service of process:
n IC IIal1 1(5, addl CSSC:';, tclcpl'OIIC IIUl nbcl 5 (Hid plllIClpal occupatlolIs
\It (vCIY P(I:';OII, pdrtncIslllp 01 cOlpOlatlol1 Ilavll1g any Il1tClcst iii tile
I (,d (,I 1'C\ s(Illal pH,pcrt)' uttlll,(d 01 to bc utIlized by tLe busllless 01
I'H,pm;(d bUSllIC5S: For the applicant and all applicant control
persons. a description of business. occupation or employment
history for the three years immediately preceding the date of the
application.
\Vlletllcl tIle appltCallt, (,I all)' pCIson ICqUllcd to be nalllcd by tillS
",CCtl(ll1, lias CvCI l,cul cOllvlctcd of 01 foIfcltcd ball tOI all)' ClllllC,
oi.cludlllg 111111(,1 tl attic (lffcIISCS; and, If 50, the appltCatlOlt shall state
the pelSOI1 IlIv(,lved, tile c1lalge, date, eourt alld dispOSItIon of tile
cllalge For the applicant and all applicant control persons. all
criminal convictions or forfeitures within five years immediately
preceding the date of the application. other than parking offenses
or minor traffic infractions including the dates of conviction.
nature of the crime. name and location of court and disposition:
Whether the applicant or a partner. corporate officer. or director
of the applicant holds another license under this ordinance or a
license for similar adult entertainment or sexually oriented
business. including a motion picture theater. or a panorama. from
Thurston County. another city. county or state. and ifso. the name
and address of each other licensed business:
A summary of the business history of the applicant and applicant
control persons in owning or operating the adult entertainment or
other sexually oriented business providing names. addresses and
dates of operation for such businesses. and whether any business
license or adult entertainment license has been revoked or
suspended and the reason for the revocation or suspension:
Authorization for the City of Yelm. and its agents and employees.
to seek information to confirm any statements set forth in the
application:
The location and doing-business-as name of the proposed adult
entertainment husiness. including a legal description of the
Page 31 of42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
(j)
property. street address. and telephone number. together with the
name and address of each owner and lessee of the property:
Two 2-inch by two-inch photographs of the applicant and
applicant control persons. taken within six months of the date of
application showing only the full face:
A complete set of fingerprints for the applicant or each applicant
control person. taken by the law enforcement agency for the
jurisdiction. 01' such other entity as authorized by the law
enforcement agency:
Each applicant shall verify. under penalty of perjury that the
information contained in the application is true:
A scale drawing or diagram showing the configuration of the
premises for the proposed adult entertainment business. including
a statement of the total floor space occupied by the business. and
marked dimensions of the interior of the premises. Performance
areas. seating areas. manager's office and stations. restrooms.
arcade booths or devices. overhead lighting fixtures. and service
areas shall be clearly marked on the drawing. An application for
a license for an adult entertainment business must include
building plans which demonstrate conformance with city ofYelm
building code requirements.
(k)
(I)
(m)
3 44 ApplIcatIOns shall be accompanIed by a nonrefundable fee as set by resolutIon
of the cIty councIl however, untIl such fee IS set by such a resolutIOn, the fee
shall be $500
3 4 5 WIthIn five days of receIpt of a properly completed applIcatIon for an adult
lIve entel1aInment center lIcense, the CIty Clerk/Treasurer shall transmIt copIes
of such apphLatlOn to thc PolIce Department and CommunIty Development
Department
346 Wlthll1 thIrty days ot rCl,clpt of a properly completed apphcatlOn for an adult
lIve entel1all1ment center lIcense, the CIty Clerk/Treasurer shall Issue the
IIcensc unless adVIsed by the CommunIty Development Department that the
u~e or proposed use of the premises, does not have the applIcable land use
approval as per the cIty's 7onll1g code or other applIcable land use laws and
regulatIOns, or the ( Ity ( lerk/Trcasurer IS adVIsed by the bUIldIng department
that the buIldll1gs upon the ~ubJcet premIses fatl to meet the reqUIrements of
the huIldll1g, tire, meLhal1lutl or plumhIng codes applIcable to the proposed
( 11\ "I '\ dill Onl. 7 n
d:-. .-;hl..'j h ~Il'hc{ )1TL'spnlld
Page 32 of 42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
U~L or the City Clerk/Treasurer I':> Intormed by the polIce department that the
owner, partner, or stockholder holdIng more than tive percent of the
outstandIng share~ of the ownmg corporatIOn has been convIcted of or
t(Jrfelted hall tor any cnme wlllch may reasonably mdlcate a lIkelIhood of
future vIOlatIon of the tenns of thl'> chapter hy sueh owner, partner, or
stockholder h~uance ot the lIcense reqUIred In thIs chapter shall not constItute
a WaIver of or exemptIon trom the applIcation of any land use, bUlldmg, health
or safety laws pertlllent to the proposed use
3 4 7 An adult lIve entertalllment center lIcense shall expIre on December 31 st of the
year for whIch It IS Issued or renewed.
3 4 8 An adult lIve entertalllment center lIcense may be renewed by submlttmg a
new applIcatIOn and follOWIng the applIcatIOn procedure set forth herem
ahove, provIded, that a renewal applIcatIOn shall not he submItted pnor to
September for the followmg calendar year
3.4.9 If. subsequent to the issuance of an adult entertainment business license.
a person or entity acquires a significant interest based on responsibility
for management or operation of the business. notice of such acquisition
shall be provided in writing to the licensing administrator. no later than
twenty-one calendar days following the acquisition. The notice required
must include the information required for the original adult
entertainment business license application.
3.4.10 The adult entertainment business license. if granted. must state on its face
the name of the person or persons to whom it is issued. the expiration
date. the doing-business-as name and the address of the licensed adult
entertainment business. The license must be posted in a conspicuous
place at or near the entrance to the adult entertainment business so that
it can be easily read when the business is open.
3.4.11 A person granted an adult entertainment business license under this
ordinance may not operate the adult entertainment business under a
name not specified on the license. nor may a person operate an adult
entertainment business. or an adult entertainment device under a
designation or at a location not specified on the license.
~ 5 LILcn~lIlg 01 !\lanagers and Entertalllcr~
( 11\ ,>I ) ,'1 III Ore! 1'7
d", ...ill'lh :lch,-'tllTl'''-P()lld
Page 33 of 42
f\
U
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
o
') 5 I Nc, PClSC!\ I sllall pCI t(Illll as all Cl.tcrtalllCl at all adult It vC cntcrtatnillcllt CClltCI
~ ltllc,ut til.<it \,bt<l 111 II Ig all cntC!1alllC! 's Itecilsc Issued by thc City
('leI k/TI casU] CI A person may not work as a manager, assistant manager,
or entertainer at an adult entertainment business without a manager's or
an entertainer's license from the City Clerk/Treasurer. An applicant for
a manager's or entertainer's license must complete an application on
forms provided by the Citv Clerk/Treasurer containing the information
identified in this subsection. A nonrefundable license fee must accompany
the application. The City Clerk/Treasurer shall provide a copy of the
application to the Police Department for its review, investigation and
recommendation. An application for a manager's or entertainer's license
must be signed by the applicant and certified to be true under penalty of
perjury. The manager's or entertainer's license application must require
the following information:
J 5 2 AI. applIcatlOl. t()l an CI.tCI1(llilCI'S heellsc sl.al1 bc vCllticd and sllal1 plovldc
tl.c follc',"\l.g \l.toln.atlc,n
(a) TI.c applIcant',; fulll.amc and addlcss, IIOlllC addlcss, 11011lC tclcplloilc
IlumbCl, date ufblrth and altascs (past 01 PICSCilt), The applicant's
name, home address, home telephone number, date and place of
birth, fingerprints taken by the Police Department (or such other
entity as authorized by the Police Department or licensing
administrator,) social security number, and any stage names or
nicknames used in entertaining:
(b) TI.e 1.,1I11C and addl e5S oft1.c cstabltshmeilt wl.ele the apphcatJt mtel1ds
tCI pC! tl1m. as al. el.tC!1aIl1Cl The name and address of each business
at which the applicant intends to work:
(c) All pllOI eOI I v ICtJCll1S oftlle applteal1t, excludll1g 1(1J110l tl affie offenses,
\l.d udmg the dial ge, date, court and dlSpOSlttOl. of dial ge A
complete statement of all convictions of the applicant for any
misdemeanor or felony violations in the jurisdiction or any other
citv, county, or state within five years immediately preceding the
date of the application, except parking violations or minor traffic
infractions,
(d) Documentation that the applicant has attained the age of eighteen
years. Any two of the following are acceptable as documentation
of age:
I. A motor vehicle operator's license issued by any state
bearing the applicant's photograph and date of birth:
o
( 11\ Iii \L'llll Ord. 7-:"7
{I.... ,111..:11\ ;Icn\.. \ IITL'.'';Pi.lfH.I
Page 34 of 42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
II. A state issued identification card bearing the applicant's
photograph and date of birth:
III. An official passport issued by the United States of
America:
iv. An immigration card issued by the United States of
America: or
,. Any other identification that the licensing administrator
determines to be acceptable and reliable.
(e) A description of the applicant's principal activities or services to
be rendered,
<0 Two 2-inch bv two-inch color photographs of applicant, taken
within six months of the date of application showing only the full
face:
(g) Authorization for the City, its agents and employees to investigate
and confirm any statements in the application.
J 5.2 All appllcmlt5 5halll,c I (gull cd t\l bc fingCl pIlnted by the polIce dcpaltl1lCl1t
and SUbllllt a CUllCl,t faCial vl(~ photoglapll
3 5 2 ApplicatIOns shall bc accompal1led by a nonrefundable fee as set by resolutIon
ofthc city council, however, until such fee IS set by resolutIOn, the fee shall be
S I 00 00
3 5 3 The City Clerk/Treasurer shall transmit the applicatIOn for an entertamer's
license to the police department wlthm five days atter Its receipt.
354 Tllc City Clelk/TleasUlcl "I.all, ~lthll1 t~Clity days aRel lecClpt of thc
dl,pllcatl\lll, I~SUC tile entertall1CI'5 hCel15C Ul1lc55 tIIC City Clcl k/TI ca5U1 CI IS
mf(,lllled by the p(,IICC dq,artlllelJt tIlat the applIcant has been convicted OJ
h,1 felted hail t(, a (\ 1I1K 01 Cllllle~ ~hlcll would IndICatc a lea50l1ablc
hkclIll(,(ld tllM tllC dl'I,huIIlt ~()uld violate tIle tel11l5 of tIllS chaptCl If so
hcell~ed. The City C.lerk/Treasurer shall issue an adult entertainment
business manager's or entertainer's license within twenty calendar days
from the date the complete application and fee are received unless -the
C.ity Clerk/Treasurer is informed by the police department that the
applicant has been convicted or forfeited bail to a crime or crimes which
would indicate a reasonable likelihood that the applicant would violate the
terms of this chapter if so licensed: or the City Clerk/Treasurer
( 11\ loll dill On!. 7,7
d, ,hdh al'hl'OITl"POlld
Page 35 of 42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8.2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
determines that the applicant has failed to provide any information
required to be supplied according to this ordinance. had made any false.
misleading or fraudulent statement of material fact in the application. or
had failed to meet any of the requirements for issuance of a license under
this ordinance. If the City Clerk/Treasurer determines that the applicant
docs not qualify for the license applied for. the City Clerk/Treasurer shall
deny the application in writing and shall cite the specific reasons therefor.
including applicable laws.
3 5 5 An adult entel1amer's IIcen~e shall expire on December 31 ,t of each year m
which It I'> Issued or renewed_
3 5 6 An entel1amer's lIcense may he renewed hy submlttmg a new applIcatIOn and
followlllg the applIcatIon procedure set forth herem above, provIded, that a
renewal applIcatIOn ~hall not he submItted pnorto September for thefollowmg
calendar year
3.5.7 Everv entertainer shall provide his or her license to the adult
entertainment business manager on duty on the premises prior to his or
her performance. The manager shall retain the licenses of the
entertainers readily available for inspection by the City. its agents. and
employees. at any time durin2. business hours of the adult entertainment
business.
3.5.8 The City Clerk/Treasurer may request additional information or
clarification when necessary to determine compliance with this ordinance.
3.5.9 The contents of an application for an entertainers license and any
additional information submitted by an applicant for an entertainer's
license are confidential and will remain confidential to the extent
authorized by chapter 42.17 RCW. Nothing in this subsection prohibits
the exchange of information among government agencies for law
enforcement or licensing or regulatory purposes.
3.6 THE RESPONSIBILITIES OF THE MANAGER OF AN ADULT
ENTERTAINMENT BUSINESS SHALL INCLUDE:
3.6.1 A licensed manager shall be on duty at an adult entertainment business
at all times adult entertainment is being provided or members of the
(It, ,d \ ,-111l()rd. 7P
d." .....hdh ;ICn(\llll......P\..\lld
Page 30 of 42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
public are present on the premises. The full name and license of the
manager shall be prominently posted during business hours. The
manager shall be responsible for verifying that any person who provides
adult entertainment within the premises possesses a current and valid
entertainer's license,
3.6.2 The licensed manager on dut) shall not be an entertainer~
3.6.3 The manager licensed under this ordinance shall maintain visual
observation from a manager's station of each member of the public and
each entertainer at all times any entertainer is present in the public or
perfol"mance areas of the adult entertainment business. Where there is
more than one performance area, or the performance area is of such size
or configuration that one manager is unable to visually observe, at all
times, each entertainer, each employee, and each member of the public,
a manager licensed under this ordinance shall be provided for each public
or performance area or portion of a public or performance area visually
separated from other portions of the adult entertainment business. All
adult arcade stations or booths must open to the public room so that the
area and occupant inside the booths are fully and completely visible by
direct line of sight to the manager located at the manager's station which
shall be located at the main entrance way to the public room containing
the arcade stations or booths. No curtain, door, wall, merchandise,
display rack, or other non-transparent enclosure, material, or application
may obscure in any way the manager's view of any portion of the activity
or occupant of the adult entertainment business~
3.6.4 The manager shall be responsible for and shall ensure that the actions of
members of the public, the adult entertainers, and all other employees
shall comply with all requirements of this ordinance.
3.7 PREMISES - SPECIFICATIONS.
3.7.1 Live Adult Entertainment Center Premises. The performance area ofthe
live adult entertainment center where adult entertainment is provided shall be
a stage or platform at least 18 inches in elevation above the level of the patron
seating areas, and shall be separated by a distance of at least eight feet from all
areas of the premises to which a member of the public has access. A continuous
I"ailing affixed to the floor and measuring at least three feet in height and located
(11\ "I )c'II1l()rd 7;7
d... ...Ill'l h ;!Chl'{ Ii Il'''pi lilt!
Page 37 of42
o
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o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8, 2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
at least eight feet from all points ofthe performance area must be installed on the
floor of the premises to separate the performance area and the public seating
areas. The stage and the entire interior portion of cubicles. rooms or stalls
wherein the live adult entertainment is provided must be visible from the
common areas of the premises and from at least one manager's station. Visibility
shall be by direct line of sight and shall not be blocked or obstructed by doors.
curtains. drapes. walls. merchandise. display racks or other obstructions.
3.7.2 Lh.!hting. Sufficient lighting must be provided and equally distributed
throughout the public areas of the adult entertainment business so that all objects
are plainly visible at all times. A minimum lighting level of 30 lux horizontal.
measured at 30 inches from the floor and on to-foot centers is required for all
areas of the adult entertainment business where members of the public are
permitted.
3.7.3 Si2.ns. A sign at least two feet by two feet with letters at least one inch
high. which are on a contrasting background. shall be conspicuously displayed
in the public area(s) of the adult entertainment business stating the following:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY
THE LAWS OF YELM CITY. THURSTON COUNTY.
ENTERTAINERS ARE:
A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL
CONDUCT.
S. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE.
EXCEPT ON STAGE.
L NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN
ADVANCE OF THEIR PERFORMANCE.
D. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES
DIRECTL Y FROM PATRONS WHILE PERFORMING UPON
ANY STAGE AREA OR IN ANY ARCADE STATION OR
BOOTH.
:3 X RevocatIon of licenses The CIty Clerk/Treasurer shall revoke an adult lIve
entertamment center hcen~e or an entel1amer's lIcense Issued pursuant to thIs chapter
If the CIty Clerk Treasurer tinds any of the t()lIowmg condItIOns to eXIst
( 11\ \.1 '\ l'lm ()rd. 7\7
...1:., ,11,,-'11\ ~ll'hl'\11T\.':-;pUlld
Page 38 01'42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8,2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
(a) The licensee has madc a false statement or gIven false InfOnnatIOn In
connectIOn with the applicatIOn t(X the applIcable lIcense
(h) Thc licensee has VIOlated or penmtted VIOlatIOn of any provISIOns of thIS
ordmance
(l.) The 1I1.ensee has heen convlded or forfeIted baIl to any of the CrImes whIch
would have caused the director to refuse to Issue the lIcense upon the InItIal or
renewal applIcatIOn
3 8 I Appeal from eIther the denIal of a license or the revocatIon of a lIcense shall
he made to the city councIl proVIded for m Yelm MUnIcIpal Code, 15 49 160
3 9 InspectIOns. An applIcant t()[ a lIcense callcd t{)r herem shall be conSIdered to consent
as a condItIon of receiVIng such IIccnse to mspectIOn by the ChIef of PolIce, CIty
Clerk/Trea~urer or the BuIldmg OffiCial or theIr deSignees dUrIng hours when such
busme~ses are open. The purpose of such mspectIOn shall be to detenmne If the
lIcensed premIses IS operated In accordance With the reqUIrements of thIS chapter It
IS hereby expressly declared that unannounced InSpectIOns are necessary to ensure
complIance With thiS chapter
3 10 ExemptIOn trom provlsIOn~ ThIS chapter does not apply to premIses WhIch are
pnmanly devoted to theatrIcal perfonnances where there are seats arranged so that the
body of spectators has an unobstructed VIew of the stage for VIeWIng performances of
artIstic expresSIOn and where such performances are not InCIdental to the promotIOn
of the sale of t{)od and/or dnnk, and where patrons are not permItted to touch, caress
or tondle the actors or entertaIners pertonmng thereIn.
3 II VlOlatlOn--NUlsance Any actIVIty, act or conduct contrary to the prOVISIOns of thIS
chapter I~ declared to be unlawful and a publIc nUIsance and such actIVIty, act or
conduct may be enjoIned by an actIOn brought by the CIty attorney or other mterested
person
3 12 VlOlatIOn--Penalty Any person, tinn or corporation vIOlatmg any prOVIsIOn of thIS
l.hapter shall he guIlty of a misdemeanor and each such person, firm or corporatIOn
shall he deemed gUIlty of a separate offense tor each and every day dunng which any
VIOlatIOn IS committed, contmued or permitted. No person shall be deemed gUIlty of
any VIOlatIOn of thiS chapter If actIng m an Investigative capaCIty pursuant to the
request or order of the polIce chlet~ city attorney or duly appoInted agent of eIther
(11\ "I 'rdl1l()nl. 7n
,b ,1ll'1" ""he< lITc"p' >llll
Page 39 of 42
o
o
o
Exhibit 2 - Ordinance No 737
City of Yelm
October 8,2001
RE
Adult Entertainment Business
Ordinance with proposed
amendments
SectIOn 4. Severability I f any provIsions of thl~ ordInance or Its applicatIOn to any person or
circumstances IS held ll1valld, the remaInder of the ordInance or the applIcatIon of the provIsions to
other persons or ClrCUIn"tances IS not affected
SectIOn 5. Effective Date ThiS ordmance shall become effectIve tive days follOWIng ItS passage and
publication as reqUIred by law
PASSED by the Council of the City of Yelm, WashIngton, at ItS regular meetIng on the 27th day of
June 2001
CITY OF 'I ELM WASHINGTON
"dam Rl\as, Mayor
A uthcntl cated
Approved as to form
Agnes P Benmck, City Clerk
Attorney' Brent Dille
Owens DaVIes MackIe
PUBLISHED Nlsqually Valley News, July 6,2001
EFFECTIVE July 10,2001
( 11\ ,,' ~ dill Old. 7n
d:-- ...111.'11\ ;It.'hl'( I!Tl'~p\ lilt!
Page 40 of 42
Exhibit 3 - Public Hearing Notice
City ofYelm
October 8, 2001
o
NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
AND YELM CITY COUNCIL
DATE.
MONDAY, OCTOBER 15, 2001,400 P M
WEDNESDAY, OCTOBER 24,2001,730 P M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVENUE W,
YELM WA
PLACE.
PURPOSE:
Public Hearings will be held to receive comments on proposed
amendments to Yelm Ordinances #736 and #737 - which regulate
adult entertainment businesses within the City of Yelm, Washington-
relating to the location, acceptance of applications for and issuance of
any permit, license or approval for adult entertainment businesses.
APPLICANT: City of Yelm
PROJECT LOCATION: Citywide
o
The Yelm Planning Commission will hold a public hearing on October 15,2001 to receive
comments on the proposed amendments to Ordinance # 736 and Ordinance # 737 The
Planning Commission will forward the proposed amendments to the City Council for a Public
Hearing and action on October 24, 2001 A complete packet of amendments and any
related documents are available for public review during normal business hours at Yelm City
Hall, 105 Yelm Avenue West, Yelm WA. For additional information, please contact Shelly
Badger, City Administrator, at 360-458-8405
Testimony may be given at the hearings or through any written comments, received
by the close of the public hearing on October 24, 2001 Such written comments may
be submitted to the City ofYelm at the address above or mailed to: City ofYelm, Attn:
Shelly Badger, PO Box 479, Yelm WA 98597 All interested parties are invited to
attend
The City of Yelm provides reasonable accommodations to persons with disabilities If you
need special accommodations to attend or participate, call Agnes Bennick, Yelm City
'Clerk/Treasurer, at 360-458-8404, at least 4 days prior to the meeting
ATTEST
City of Yelm
{J ' /
. (!loJ ? '0f , tl( ~
Ag' s Bennick, City Cler reasurer
c
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News: Friday October 5 2001
Posted In Public Areas: Wednesday, October 3 2001
l'<Igc4ll1f4:!
c
Jan Noms, LMP
Around Town Mobile Massage
POBox 2149
Yelm, Wa. 98597
360-458-3827
Exhibit 4 - Letter from
City of Yelm Jan Norris
October 8,2001__. ,
III )) tS~. ~ U \_~_ I.!::.= \1 \.t!
: ; . t.~. i I ; 't I
I I . , ~ 1 ,-' , ~. .
, - ' \ \ I
i I n:\ J U L 2 6 2001 II j i
July 18,2001 1.1 LV 1:0
To Massage PractItIOners.
Dear Fellow ProfessIonals.
Enclosed please find a copy of an artIcle that was publIshed 10 the Nisqually Valley News
on June 29, 2001 It has to do With the "Adult Entertamment" Ordmance In It, as
indicated, there is a paragraph that should concern all of us as LMP's
I have been in touch With Melanie Stewart our lobbyIst that has helped fasluon the current
laws 10 this state that we enJoy today As we all know, we are licensed by the Department
ofHea1th and want to stay as far away from the notIOn the we are mvolved 10 any way 10
the Adult Entertainment Business. She has also pomted out that no one can be using the
word Massage in anyway Without a license as Massage PractitIOner Also there are
specIfic proVISIons 10 the WAC for LMP's who may stray mto the area of Adult
Entertamment.
o
Melarue has had a conversatIon With Shelly Badger, the City ofYelm Adnurustrator and
she seemed to be cooperatIve and understandmg of the verbiage they have used 10 tills
ordinance. It seems the city will be re-workmg a number of theIr ordinances in the near
future and tills will again be brought to the Councils attentIon. The purpose of tlus letter
is to appraIse you as a Massage PractItIOner of the sItuation and to ask that you take a
minute from your busy scheldue and wnte Shelly Badger and let her know that tlus IS
unacceptable to you and why They can call thIS part of tlus ordmance "adult
entertamment parlors" If they must. We all work hard everyday to be profeSSIOnal and are
proud to be a part of the medical commuruty that does so much good for people It IS
unfortunate that many still tillnk of massage practItIOners as anytlung else
Shellys address IS PO Box 479, Yelrn., Wa. 98597 She seems to be cooperatIve, however
would like to hear your VOice 10 tlus matter as Massage PractItIOners In Yelm and also
RaImer
The ordmance further 10 the b()dy does excempt LIcensed Massage PractItIOner, and
others, but I for one, do not want the word Massage used 10 connectIOn WIth adult
entertamment.
Thank you for your tIme and I hope that you can follow thru on tlus 10 the near future
o
SlJlcerely,
~{{C j
f;fu Noms, LMP
./
Pat!c 42 of42
o
o
o
RULES OF PROCEDURE
CITY OF YELM PLANNING COMMISSION
WE, THE MEMBERS of the Planning Commission of the City of Yelm, State of
Washington, created by Ordinance No 119 (1969), of the City of Yelm, pursuant to
Chapter 44, Laws of 1935 (RCW 35 63) do hereby adopt, publish and declare the
following rules of procedure
I NAME
The official name shall be liThe City of Yelm Planning Commission."
II MEETINGS
A. Regular meetings shall be held as per the schedule adopted by the
Planning Commission and posted at the Planning Department office, and all meetings
of the Planning Commission are subject to the Open Meetings Act.
B Special meetings shall be at the call of the chairperson or by consensus
of the members at a regular meeting.
C Except as modified by these rules of procedure, Robert1s Rules of Order
shall govern the conduct of public hearings and the chairperson shall decide all
questions of order, subject to an appeal to a vote of the Planning Commission
III ELECTION OF OFFICERS
A. The officers of the Planning Commission shall consist of a chairperson and
a vice chairperson elected from the appointed members of the Planning Commission and.
such other offices as the Planning Commission may, by the majority vote, approve and
appoint.
B The election of officers shall take place once each year on the occasion of
the last meeting in November of each calendar year The term of each officer shall run
from January 1 until December 31 of the following year
C A Nominating Committee may be appointed no later than October of each
year If appointed, this Nominating Committee shall prepare a slate of nominations for
the Planning Commission to consider at the next regularly scheduled meeting
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o In the event of the vacancy of the chair, the chairperson would be replaced
by the vice chairperson, and the vice chairperson would be replaced by vote of the
members of the Planning Commission
IV CHAIRPERSON
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A. The chairperson shall preside over the meetings of the Planning
Commission and may exercise all the powers usually incident to the office, retaining,
however, to himself or herself as a member of the Planning Commission, the full right to
have his or her own vote recorded in all deliberations of the Planning Commission
B The chairperson shall have full power to create committees of one or more
members. Standing or temporary committees may be charged with such duties,
examination, investigations and inquiries relative to one or more subjects of interest to
the Planning Commission No committee shall have the power to commit the Planning
Commission to the endorsement of any project, plan or program without the approval
of the Planning Commission
C The chairperson shall perform the duties laid out in the attached Conduct
of Business regarding the following and other matters committees of the whole,
handling of meeting items and discussion, conflict of interest, suspension of meetings,
timing for discussion of issues, clarification of issues and questions, etc.
V CHAIRPERSON'S ABSENCE
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The vice chairperson shall, in the absence of the chairperson, perform all the
duties incumbent upon the chairperson The chairperson and vice chairperson, both
being absent, the members present may elect from among themselves a temporary
chairperson who shall have the full powers of the chairperson during the absence of the
chairperson and the vice chairperson
VI SECRETARY
The Planning Staff shall perform the usual and necessary secretarial functions
VII RECORD OF MEETING
All Planning Commission meetings shall be recorded electronically and official
minutes prepared Official minutes shall contain the date, time, place and nature of the
meeting (regular or special), the names of the members present; all motions except
those withdrawn and the names of their maker and seconder; an objective abstract of
all business discussed, actions taken and the results of such actions Special meetings
will also be recorded electronically and minutes prepared The official minutes of
special meetings will normally consist of written notes All Planning Commission minutes
shall be signed by the chairperson of the Planning Commission Minutes for committees,
if taken, shall be signed by the chairperson of the committee
VIII QUORUM
o A simple majority of the members shall constitute a quorum for the transaction of
business The Planning Commission can conduct business whenever a quorum is
present. No action of the Planning Commission, however, may be taken without the
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concurrence of a majority of the current membership of the Commission. A public
hearing may be held by the Planning Commission on any matters before the Planning
Commission without a quorum, provided that the applicant and any interested party
waive any objections and that, when action on the matter is taken, a quorum is present
and those members that were not present for the public hearing state for the record prior
to voting that they have reviewed the taped recording of the public hearing and any
written document submitted for the record on the matter
IX. VOTING
Each Planning Commission member present shall vote for, against, or abstain
from voting on all questions put to the Planning Commission Unless a member of the
Planning Commission states that he or she is not voting, his or her silence shall be
recorded as voting with the majority
Any member may demand a roll call vote any time before or after any question
is put and before a vote is taken The demand needs no second and the chairperson
must ask for a roll call vote on demand The motion is not debatable and may be
applied to any questions.
X. ABSENCE OF MEMBERS
If a member is absent for two (2) consecutive regular meetings without excuse,
or for thirty-five percent (35%) of all meetings (including committee meetings) in any six
(6) month period, the member's record shall be forwarded by staff to the Mayor for
consideration
XI CONFLICT OF INTEREST
A conflict of interest shall be handled as described in the attached Conduct of
Business (Item 6)
XII AGENDA
An agenda shall be prepared by the Planning Staff for each meeting No item on
the agenda may be added, deleted or moved without the approval of a majority of the
Planning Commission Items of business shall include
1
2.
3
4
5
6
7
8
9
Call to order
Roll Call
Acceptance of Agenda
Minutes
Old Business
New Business
Other Business
Communications from City Council
Adjournment
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XIII AMENDMENT
These Rules of Procedure may be amended at any regular or called meeting of
the Planning Commission by a majority vote of the entire membership if the proposed
amendment is presented in writing at a preceding regular or called meeting
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CONDUCT OF BUSINESS
CITY OF YELM PLANNING COMMISSION
1 It shall be the policy that each Planning Commission member shall be familiar with
the Open Meetings Act, the appearance of fairness doctrine, and the Planning
Commission's Policies and Guidelines.
2. At the beginning of the meeting, the chairperson may state all the agenda items
and the timing for each within the meeting so that the length of discussion and the length
of the meeting may be controlled in an effort to adjourn within two hours of opening the
meeting
3 At the beginning of discussion on each item on the agenda, the chairperson shall
state the action needed or purpose of each item on the agenda (e g, a Planning
Commission vote to recommend to approve or to deny; for review only; no action
needed, or what action may be needed eventually, but not at this particular meeting)
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4 The chairperson shall clarify to the Commissioners and the public the difference
between a public hearing and the committee meetings. This item should be discussed
with the entire Planning Commission
5 Conflict of Interest and Appearance of Fairness As a matter of procedure, the
chairperson should routinely ask the members at each meeting if they have a conflict of
interest on any item on the agenda. Any member of the Planning Commission who has
a conflict of interest with a particular matter should publicly announce this conflict at the
earliest possible opportunity or when the conflict is realized Such member shall not
partake in the discussion or voting on said case and shall remove himself or herself from
the room during the particular case in question
6 Any Planning Commission member who discusses a current matter which is the
subject of a public hearing with any person associated with the proposed project at any
time other than a public meeting shall report to the full Commission at the next meeting
by giving a report of the discussion
7 All persons wishing to speak to the Commission at a public hearing should sign
in on the program agenda provided, and indicate whether they are speaking pro or con
on the issue
8 All persons speaking to the Planning Commission at a public hearing should
stand, approach the microphone, if prOVided, and identify themselves by name, address
o and who they represent.
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9 In the unusual event that the chairperson is unable to control the conduct of the
meeting, he or she has the right under the Open Meeting Act, to immediately suspend
or adjourn the meeting
10 When the full Commission makes a recommendation to the City Council which is
not a unanimous vote (i e , a split vote, or a recommendation which may be significant
or controversial), any Planning Commissioner may submit a minority report to
accompany the majority report to the City Council This report should be submitted
through the Planning staff, and mailed to all Planning Commission members
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Planning Commission Training
Overview of Comp Plan ;
Review of County-wide policies
Overview of GMA requirements
Puget Sound Water Quality Authority - Presentation ,
I
Misc. Presentations by ScientificfTechnical Experts
Overview of Industrial Area Study and Plan
Buildable Lands Overview
Public Outreach \\t :>>ss>>>
I
Critical Area Ordinance I
Goals Analysis of Chapter XII - Environment ~c--~
Floodplains
Aquifer
Wetlands & Streams
Other Resource Lands
Text Amendment worksession i
1
Industrial Property Re-zones ,
Worksession
Comprehensive Plan Amendments 2002
Final Worksession on Critical Areaa Ord and Rezone
Public Hearing - PC
Public Hearing - CC I ,j I
Buildable lands
Goals Analysis of Chapter 111- Land Use I
Worksession - Land Use Chapter :,.,: -
Goals Analysis of Chapter IV- Housing ",;,:
Worksession - Housing Chapter I t~:ii
Review of All other ComDrehensive Plan ChaDters
Planning Commission
Comprehensive Plan Update Work Prol
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October 14,2001
Shelly Badger
POBox 479
Yelm, Wa. 98597
Dear Shelly'
Enclosed please find our suggested correctIons to your Adult EntertaInment Ord. Planmng
CormmssIon be reVIeWIng on the 15th of October I am unable to attend due to the tune of the
meetIng. I do not know what the AG's office has adVIsed you. I do know that Denrus
LeMaster and I came to these conclUSIOns and I want to subrmt them to you.
Ordinance #736
SectIOn 1
1 1 2 elimmate verbIage adult entertamment parlors (what IS that)
1 1 3 ehrmnate the word massages or lilac treatments are pe~ormed on the body of one person
by another person.
1 1 4 the paragraph In ItS entrrety should be elurunated.
Ordinance 737
SectIon I should be elirmnated In ItS entIrety, Including 1.2
In case you are wondenng why we are so offended by the wording of these ordInances. They
have to have been wntten over 30 years ago Massage practItIoners have been licensed SInce
1975 by the Dept. of Health. Most of us have taken classes of over 600 to 900 hours In a years
tIme and passed a state eXamInatIon to become licensed In thIs state. Those hours of tramIng do
not come cheaply eIther The cost IS $6000 00 to $10000 00 dependIng on the school and the
hours of study We are regarded as health care profeSSIOnals who are a part of a health care team.
We IncreasIngly recogruzed by Medical Insurance Comparues, Labor and Industnes and Personal
Auto Insurance Companies. ThIs part of your ordInance makes no more sense than If you were to
referr to a Clnropractor or even a phYSICIan In thIs way
I will be lookIng forward to the outcome of thIs Issue.
~I cerely,. '--Ii '
~ !11t~
Noms, LMP
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
ALL CITY PLANNING COMMISSION MEETINGS ARE AUDIO TAPED FOR INFORMATION ON OBTAINING
A COPY PLEASE CALL YELM COMMUNITY DEVELOPMENT DEPARTMENT AT 360-458-3835
MEETING: YELM PLANNING COMMISSION
DATE: OCTOBER 15, 2001
TIME: 400 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS
Public Hearing(s)'
1.
Amendment to Yelm Municipal Code Title 17.64, Adult
Entertainment Facilities
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MAILING LIST? / SPEAKER?
(Indicate which public hearing by
the assigned numbers above)
NAME & ADDRESS
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City of Yelm
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
AGENDA
CITY OF YELM PLANNING CQMMISSION
MONDAY, OCTOBER 15, 2001,4.00 P.M.
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W
1 Call to Order, Roll Call, Approval of Minutes
August 20, 2001 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 - Amendment to Yelm Municipal Code Title 17.64 Adult
Entertainment Facilities
Applicant: City of Yelm
Location' City Wide
Staff Report Enclosed.
4 Action Item - Election of Officers
Election of Officers shall take place at the last meeting in November Nominating
committee to be formed at this meeting if the Commission so chooses
5. Work Session Item: 2002 Comprehensive Plan Update
Work program for the 2002 Comprehensive Plan Update
6. Other:
7. Adjourn-
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with
disabilities If you are a person with a disability in need of accommodations to conduct business
or to participate in government processes or activities, please contact Agnes Bennick, at 360-
458-8404 at least four (4) working days prior to the scheduled event.
All Planning Commission meetings are audio taped For information on obtaining a copy,
please call the Community Development Department at (360) 458-3835
**MONDAY, NOVEMBER 5, 2001 - MEETING CANCELLED**
NEXT REGULAR MEETING, MONDAY, NOVEMBER 19,2001 400 P M
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City ofYelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
CANCELLATION
NOTICE
The October 1, 2001 Planninq Commission meetinq has been CANCELLED The next
meeting of the Yelm Planning Commission will be held in Council Chambers at Yelm City
Hall, 105 Yelm Ave W , on
Monday, October 15, 2001, at 4:00 pm.
If there are any questions concerning this change, please call the Community Development
Department at (360) 458-3835
ATTEST
/, ,
i;f-t" yJ-/JtilitC1c
Agnes Bennick
City Clerkn-reasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Monday, September 24,2001
Published in the Nisqually Valley News Friday, September 28,2001
Mailed to the Planning Commission mailing list Monday September 24, 2001
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
CANCELLATION
NOTICE
The September 17, 2001 Planninq Commission meetinq has been CANCELLED The
next meeting of the Yelm Planning Commission will be held in Council Chambers at Yelm
City Hall, 105 Yelm Ave W , on
Mondav, October 1, 2001, at 4.00 pm.
If there are any questions concerning this change, please call the Community Development
Department at (360) 458-3835
ATTEST
6rd..-' VJ.Ii tJ!/lilLf-
AQb}3s B~~i
City Clerk(Treasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Monday, September 10,2001
Published in the Nisqually Valley News Friday, September 14, 2001
Mailed to the Planning Commission mailing list Monday September 10, 2001
n
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u
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
CANCELLATION
NOTICE
The September 3.2001 Planning Commission meetinq has been CANCELLED The next
meeting of the Yelm Planning Commission will be held in Council Chambers at Yelm City
Hall, 105 Yelm Ave W , on
Mondav. September 17. 2001. at 4:00 pm.
If there are any questions concerning this change, please call the Community Development
Department at (360) 458-3835
ATTEST
tluiA v$~L
Ag~s BennIck
City ClerklTreasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Tuesday, August 28,2001
Published in the Nisqually Valley News Friday, August 31,2001
Mailed to the Planning Commission mailing list: Tuesday, August 28, 2001
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YELM PLANNING COMMISSION MINUTES
AUGUST 20, 2001, 4 00 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No,
01-25
The meeting was called to order at 400 P m by Tom Gorman
Members present: Tom Gorman, Margaret Clapp, Glenn Blando, Ray Kent,
Joe Baker, Roberta Longmire, E J Curry, and Don Carney
Staff: Cathie Carlson, Tami Merriman, Shelly Badger, and City Attorney Brent
Dille
Members absent: John Thomson, and Council Liaison Glen Cunningham
Approval of Minutes:
MOTION BY RAY KENT, SECONDED BY GLENN BLANDO, TO APPROVE
THE MINUTES OF JULY 16,2001. MOTION CARRIED.
Public Communications None
PUBLIC HEARING: Autumn Hill Subdivision SUB-01-8284-YL.
Applicant. Lubbesmeyer Construction, Inc
Location: Vancil Road
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Mr. Gorman opened the Public Hearing at 4 01 pm Mr. Gorman asked if any
Commission member had a conflict of interest. There was none
Mr. Gorman asked if any member of the audience objected to any Commission
member participating in this hearing There was none
Mr. Gorman asked if any member had received information on this item prior to
the hearing None had
Mr. Gorman asked Ms. Merriman to provide a staff report.
Ms. Merriman gave a brief overview of the staff report provided to the
Commission Ms. Merriman stated that two items were of concern during the
application review The first item was open space The property is located in
the proposed Y2 corridor The City had requested that the applicant locate the
required open space at the southern portion of their property, to allow for future
access for this roadway The applicant had provided the open space as
requested, and as a condition of approval, staff requested that the open space
be moved to the west, to border on Vancil Road This allows for both vehicular
and pedestrian access
The Development Guidelines require that new subdivisions provide for a
continuation of streets into adjoining properties The preliminary plat does not
provide for that requirement. Staff has required the applicant to either extend
his street directly north, or directly east, to provide for the continuation of
streets
All utilities and infrastructure are in line with development requirements
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Mr. Paul Lubbesmeyer provided a proposal to staff, and the Commission, for a
cul-de-sac at the northern portion of the plat, to meet the street continuation
Yelm Planning Commission
August 20 2001
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requirement. Mr Lubbesmever asked that the rolled curb continue along the
normal street line, with the cul-de-sac bulb being temporarily paved The rolled
curb would allow emergency vehicles turning radius
Mr. Lubbesmever asked for clarification of the requirement to extend the 8"
watermain with a 10" watermain line
Ms. Merriman stated that the Water Comprehensive Plan calls for the line to
change to 10" to serve the properties in the Urban Growth Boundary
Mr. Gibson responded to the applicant, that the proposed water line coming in
from the Y2 corridor to the south is a 10" line The connection of the 8" line to
the 1 0" line would increase pressure to that entire area.
Mr. Lubbesmever asked if the perimeter landscape requirement for the
southern side of the property could be reduced, as it is at the City limit
boundary, and a more rural environment.
Ms. Carlson responded that the landscape requirement allows for a choice of
either an 8' landscape buffer or a fence The adjoining property is in the Urban
Growth Boundary, and is expected to be annexed into the City in the future
The requirement is there to provide separation of uses
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Mr. Lubbesmever inquired about the requirement for individual dry wells, for
residential storm drain The applicant would like for all residential storm drain to
filter into the on-site infiltration pond
Mr. Craiq Deaver, the engineer for the project, inquired as to where the
requirement came from The DOE Stormdrain Manual allows for either
practice
Mr. Gibson responded that it is not a requirement, but is standard practice
within the City because of soil conditions, and it allows for smaller infiltration
ponds
Mr. Gorman asked if the public had any comments
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Ruth Ann Chatswick stated that her mother's property borders this site to the
south It was their understanding that Lubbesmeyer was giving 500' along the
fence line, and she would need to give 500' along her property for the future Y2
corridor On the plat, lots five through eight do not have the 500'
Mr Deaver showed Ms. Chatswick a large plat, showing the open space that
will be the future Y2 Corridor Lots 5 through 8 have large setbacks to allow for
the City to purchase the property in the future
Ms. Clapp asked staff if there was any way to request that the open space go
all the way through lots 5 - 8, so that we do not have to purchase that property
in the future
Ms. Carlson responded that the City cannot make this requirement until the City
Yelm Planning Commission
August 20, 2001
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has the funds to purchase the property The City cannot even place any
information on the plat that it is the future right-of-way, until there are funds to
purchase the property
Mr. Carney asked how YMC 16 16 060, two vehicular accesses, is being
addressed
Ms. Merriman stated that staff reviewed the requirement for two vehicular
accesses The applicant is providing a future connection road This future
connection is not considered a dead-end, and will provide the second vehicular
access in the future
Ms. Lonqmire inquired about condition #13 requiring water rights dedicated to
the City Ms. Longmire asked if the wells couldn't be left for the purchasers of
the lot to be used for landscaping, gardening, and so forth
Mr. Deaver responded that the Department of Ecology has strict guidelines
regarding to wells, and construction within 100' DOE requires the wells to be
capped The City then gets the rights to the water, as required by code
Mr. Gorman closed the public hearing at 4 42 P m
01-26
MOTION BY MARGARET CLAPP, SECONDED BY RAY KENT TO
FORWARD THE PROJECT TO CITY COUNCIL WITH RECOMMENDATION
FOR APPROVAL AS CONDITIONED IN THE STAFF REPORT, WITH THE
NOTE THAT THE STORMWATER CONDITION #16 WAS DISCUSSED, AND
THE COMMISSION WILL LEAVE THE DECISION REGARDING
STORMWATER UP TO STAFF. MOTION CARRIED.
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PUBLIC HEARING: Yelm Extension School CUP-01-8286-YL.
Applicant: Yelm Community Schools
Location. 103 and 107 First Street.
Mr Gorman opened the Public Hearing at 4 45 pm
Mr. Gorman asked if any Commission member had a conflict of interest. There
was none
Mr. Gorman asked if any member of the audience objected to any Commission
member participating in this hearing There was none
Mr. Gorman asked if any member had received information on this item prior to
the hearing None had
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Mr. Gorman asked Ms. Carlson to provide a staff report.
Ms. Carlson gave a brief overview of the staff report. Ms Carlson stated that
the school district intends to use the building for the alternative high school as
the immediate use, but may use it for other purposes as time continues Staff
analyzed and reviewed the application at full occupancy of the site This allows
for the school to have flexibility with the site, as the need for further use arises.
Yelm Planning Commission
August 20, 2001
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One of the most significant factors of this site is that it is in the Central Business
District (CBD), and is surrounded by commercial zoning In our commercial
zoning districts, we limit the placement of taverns, liquor sales, and billiard halls
to not be within 500' of a school property In the CBD, only liquor stores are
limited to the 500' Exhibit V shows the 500' radius from the site Condition #24
requires the applicant to enter into an agreement with the City where the Yelm
School District would not oppose the issuance of a liquor license for any
location in the surrounding districts This agreement would be site specific for
this location, not with all locations of the school
Transportation and access control is an issue with this site The City is
requiring the school district to provide full street improvements, parking, and
stormwater facilities The school district has requested a 5 year delayed
schedule for completing the frontage and parking improvements After staff
reviewed the request, the City offered 18 months, based on the unique funding
that the school district receives for improvements
The parking area for this site has commonly been used by the public, for
parking in the downtown area. The school has graciously offered to allow the
public to continue to park in the area. They will number parking as needed for
their use As the school increases its occupancy, they will eventually need all
the parking stalls, which will create a need for other parking in the downtown
area.
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Dr Alan Burke. Superintendent of Schools stated that the school is looking
forward to having more space for their increasing population Mr. Burke asked
Mr. Birkland to explain the funding cycle for the school district, and the need for
the extension to complete the required improvements
Mr. Birkland stated that the reason for requesting an extension is based on the
way the district receives funds The funds are generated by impact fees The
district receives approximately $75,000 per year The district has about
$300,000 to date that can be used to remodel and repair that facility to
accommodate students The immediate use for the site will be for the
alternative high school, for which our transportation study showed only 4 trips
generated during peak hours The school recognizes the need for the
improvements in the future The district does not have the money to do the
building improvements and street, parking and stormdrain all at once The
district would like to do the improvements over time, as funds become available
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Ms Longmire asked staff when the 18-month extension would actually start.
Ms. Carlson responded that it would start at the time of land use approval
Ms. Lonqmire asked Mr. Birkland when he expected occupancy at the site
Mr. Birkland stated that the school has requested to use the smaller building
immediately The larger building requires extensive repairs to the roof and
walls, and interior remodeling Hopefully, occupancy would start in the spring or
fall of 2002
Yelm Planning Commission
August 20, 2001
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Mr. Gorman asked if the public had any comments
Mr. Ken Garmann asked if the parking lots would be paved immediately
The map shows that the existing parking areas are already paved
Ms Clapp asked why the storm water facility was so large, does it serve both
the parking areas and buildings? Did the applicant look into underground
stormwater treatment?
Mr. Gibson responded that the stormwater facility serves the entire project site
Underground systems can cost twice as much as above ground ponds
Mr. Birkland explained that the school is in negotiations with the Wolf family for
that parcel, and may make that area into a recreational area with benches and
such In exchange, they will allow us to use the area for our stormdrain needs
Mr Carney asked if there was a way to phase in the improvements required as
the improvements to the building are done
Mr. Birkland stated that to use even part of the large building, the entire roof
needs repaired, as well as walls Substantial repairs to the entire building are
needed, to use even a small portion
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Mr. Carney asked staff if there were any provisions that would allow a phased
completion of improvements based on the dollar amount improved on the
building For example, for every $25, 000 spent on the building, then $25,000
would need to be spent on the street, parking, or stormdrain improvements
Ms. Carlson stated that there isn't anything in our code for that type of phased
completion, but through a deferral, there could be some negotiation
Sometimes, it is not cost effective to create a phased work plan
Ms. Curry stated that any developer coming in would have to have the
improvements completed at time of occupancy This is a unique situation,
where this developer cannot recoup the funds they expanded What is the
problem with waiting the five years?
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Ms. Carlson responded that it is for safety and access control issues, having
increased pedestrian traffic and children The Site Plan Approval is for
maximum occupancy of the building to be 181 students There may not be 181
students there in five years, they are not sure what they will need that building
for, and how fast they are going to need it. Because there are so many
unknowns, there are some immediate safety access, and pedestrian issues,
and the City is uncomfortable going out the full five years
Ms. Lonqmire stated the even though the student drivers may not be the safest
drivers, there will not be near the amount of traffic that was there when the
grocery store was there There won't be as much pedestrian traffic as there
was So the safety issues may not be as large as the City thinks they might be
Yelm Planning Commission
August 20, 2001
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Ms. Carlson responded that it has been some time since the grocery store has
been there, and our traffic counts have continued to increase on all adjacent
streets, and our traffic volume is higher than it used to be there
Ms. Longmire asked if they could divide out the improvements, and do some
within the 18 months, then have another 18-month extension to complete the
rest?
David Asher stated that the City should clarify what issues are the most
important, and have those done immediately
Ms. Carlson responded that it might be possible to complete that parking lot that
they would be using immediately, and put in sidewalks there The City would
need to sit down with the school, and identify which issues are most important,
and which improvements can be accomplished immediately
Mr. Birkland stated that the issue of deferring the improvements is because of
the availability of funds The funds for this project are issued yearly At the
current growth rate, the school is receiving about $75,000 a year for repair and
maintenance projects. The initial balance of the funds available is needed for
the repair of the buildings As the funds come in yearly, they could be put
toward the rest of the required improvements
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Mr. Gorman stated that he is concerned about setting a precedent, and having
it appear that we have different rules for public entities than we do for private
developers He' understands the reality of finances for schools
Mr. Birkland stated that the school is looking for a 5-year window to complete
the improvements, as opposed to a deferral If they asked for a deferral, they
could defer indefinitely
Mr. Gorman stated that to defer, you need to bond for the improvements The
City is the one that would call to complete the bond
Ms. Carlson responded that it is really a case-by-case basis for both public and
private development regarding deferrals Deferrals are based on traffic
generation, pedestrian access, and access control Every site is unique The
City has the ability to defer based on individual project needs
Ms. Clapp stated that it appears the school is prepared to deal with the
additional cost created by phasing a project, because of the cash flow they
know is coming in
Mr. Carney asked for assurance that, if the City were questioned about the
unique extension, it can defend their decisions on this referral
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Ms. Carlson responded that it would probably have to correlate with occupancy
of the building Once you start using the other parking lot, you have to have
pedestrian access control
Yelm Planning Commission
August 20, 2001
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Mr. Gorman asked the City Attorney for an opinion
Mr. Dille stated that the City shouldn't make a different set of rules Phasing
seems to be justifiable, and is something that can be defended, as opposed to
just a blanket 5 year deferral
Mr Gorman asked if there was any further comments.
Mr. Garmann stated that the best looking projects are the ones that are
finished
Mr. Asher asked how safety is monitored now, in that area.
Ms. Carlson stated that there are some crosswalks near the area now
Mr. Blando asked if that area would become a School Zone, with a 20MPH
speed limit.
After discussion, the Extension School may not trigger the School Zone
designation, but as more students are moved to the facility, it probably would
need to change per school and state requirements
Mr. Gorman closed the public hearing at 5.25 p m
01-27
MOTION BY MARGARET CLAPP, SECONDED BY RAY KENT TO
FORWARD THE CONDITIONAL USE PERMIT TO CITY COUNCIL FOR
APPROVAL AS CONDITIONED IN THE STAFF REPORT, WITH THE
EXCEPTION OF #10. THE COMMISSION DIRECTS STAFF TO WORK WITH
THE SCHOOL DISTRICT FOR A PHASED SITE IMPROVEMENT
SCHEDULE, WITH COMPLETION WITHIN THREE YEARS. THIS
SCHEDULE SHALL BE BROUGHT TO THE CITY COUNCIL FOR
APPROVAL NO LATER THAN 60 DAYS FROM THE DATE OF PROJECT
APPROVAL.
PUBLIC HEARING: Temporary Land Use Exemption for Medic One.
Applicant: Thurston County Medic One
Location: 411 NE West Road
Mr. Gorman opened the Public Hearing at 5 32 pm
Mr. Gorman asked if any Commission member had a conflict of interest.
Ms. Clapp stated that she would not participate, as she is the owner of the
property in question
Mr. Gorman asked if any member of the audience objected to any Commission
member participating in this hearing
Yelm Planning Commission
August 20, 2001
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Mr. Garmann asked if there was any question regarding the Commission
members reading any of the publicity regarding this issue, prior to the hearing
Mr. Garmann stated that he hoped the Commissioners would be unbiased and
vote their conscience
Mr Gorman asked if any member had received information on this item prior to
the hearing None had
Mr. Gorman asked Ms Carlson to provide a staff report.
Ms. Carlson gave a brief history regarding this request. The Medic One Unit
has been housed in the Fire District 2 building, off of Vail Road Recently, their
contract was not renewed, and they needed to relocate in a very short period of
time After they had secured this location, it was found that they needed a
Special Use Permit to locate anywhere within the City limits A Special Use
Permit takes about 3 - 4 months to process. The only option that the City has
would be to require them to locate outside the City limits, and lose their
services The City Attorney suggested that the City establish a temporary 6-
month zoning exemption, site specific, and use specific This will allow Medic
One time to find a suitable location and apply for a Conditional Use Permit,
either at this location or a different location
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The staff report addresses the unit's typical daily operations, number of calls
and times of calls There is concern from neighbors of increased noise, both
from siren and vehicle trips
Medic One has a countywide policy, that they do not use sirens in residential
neighborhoods, regardless of time of day or night. They do not use lights in
residential areas, unless there is heavy traffic
Staff requests that we allow this temporary exemption from the Zoning Code, to
allow them to find a site, and go through the normal process of securing a
Special Use Permit.
Steve Romine stated that the units would not turn the sirens on in the
residential areas, probably at Yelm Ave The engines are plugged in, and
maintained warm at all times, to avoid having to "warm up" or long idling
Mr. Gorman asked if the public had any comments
Mr. Garmann questioned staff on the site history, projected use for the site, and
procedures for public notification
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Mr. Gorman asked Mr. Garmann if there was a specific point that he would like
to make, before the City Attorney needed to leave
Mr. Garmann stated that his point is that, from the first newspaper article printed
regarding this issue, and through subsequent articles, they have stated that the
Medic One Unit will be located at this site It was just recently that he found out
that they are applying for an exemption from the zoning regulations Mr.
Garmann stated that he was not here with bad feelings, but that he is
Yelm Planning Commission
August 20, 2001
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concerned with the process Mr. Garmann stated that the notion that Medic
One is "under a gun" to find a place to live, is not correct. They were welcome
to stay where they were There was really no urgency for them, that they
should get special exemptions Mr. Garmann read a letter written to the
chairman of the Planning Commission See Attached
Mr. Gorman asked if there were any other comments from the public
Ms. Badger stated that Mr Dille, the City Attorney had left a couple of written
items, as he had to leave RCW35A-23 allows the City to create an emergency
exemption, as staff has laid out. It doesn't exempt the proposal from going
through all the normal zoning requirements It allows this emergency and
temporary relief from the Zoning Code It is not a deferral or exemption
Mr. Gorman stated that from an Attorney's point of view, this request is solid
Ms. Badger responded that yes, this allows them to stay here, while going
through all the required zoning processes
Citizen in the audience. asked who has deemed this an emergency?
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Ms. Badqer responded that the City has nothing to do with the contract between
Medic One and the Fire District. The City did not make the choice to change
the current contractual situation With the information and facts that were
presented to us, they were leaving that facility immediately The City felt that
the City should not be without the Medic One Unit.
Citizen in the audience, Who said that they had to move out of the fire station?
Ms. Badqer responded that it is a contractual issue between Medic One and the
Fire District.
Mr. Romine stated that the County Commissioners informed him that they had
to move out.
Ms. Clapp stated that she is speaking as the potential landlord, that they had a
house for rent, and were contacted and were informed that Medic One was
looking for temporary housing
Ms. Lonqmire asked if the City could approve the temporary use of that site with
the restriction of their using Fourth Street on an outgoing call?
Mr. Gorman asked one of the paramedics present, how they felt about that
restriction?
Mr Romine stated that normally, medic units stop at stop signs, and normally,
speed limits are observed
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Mr. Mever stated that he would like to address the statement regarding
"adrenaline running" Mr. Mever stated that he doesn't see that as an issue All
paramedics are professionals They have a total collective experience of over
100 years They don't just blow through town and do that kind of stuff
Yelm Planning Commission
August 20, 2001
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01-28
01-29
_.~.-~~---T
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Mr. Gorman asked Mr Meyer what he thought if the unit had to use 103rd, and
Yelm Hwy to reach the west end of town Wouldn't that add extra time to the
response time?
Mr. Meyer responded that it could, but it really depends on the situation When
they originally looked at that property, they looked at that, and actually drove
some of the routes The route doesn't make a big difference in response time
Mr. Carney inquired about parking, and if there were a minimum amount of
parking that would preclude improvements like driveways and asphalt?
Ms. Carlson responded that that is why the City is asking for the temporary
relief from the Zoning Code All of those requirements are not being addressed
right now, until they apply for a Land Use Permit. Once they come in and apply
for a site, they will have to comply with all codes
Mr. Gorman asked if the 6 months was a minimum, or could it be shortened
Ms. Carlson responded that it takes approximately 3 months to process an
application They will need at least 1 to 2 months, especially if they need
engineering work, to put an application together Probably 5 months would be
the bare minimum for any application They need to have land use approval
within the 6 months, not just submit an application They will need to submit
application for a Land Use Permit within the next month or two
Mr. Gorman closed the public hearing at 6 19 P m
MOTION BY RAY KENT, SECONDED BY JOE BAKER TO FORWARD THE
TEMPORARY LAND USE EXEMPTION FOR MEDIC ONE TO CITY COUNCIL
WITH THE RECOMMENDATION FOR APPROVAL AS CONDITIONED IN
THE STAFF REPORT. MOTION CARRIED. MARGARET CLAPP
ABSTAINED.
MOTION MADE AND SECONDED TO ADJOURN THE MEETING. MOTION
CARRIED.
Meeting adjourned at 6 20 P m
~ \'V\JDI
Tom Gorman, Chair
Yelm Planning Commission
August 20. 2001
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City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Date: August 7,2001
To: City of Yelm Planning Commission
From: rami Merriman, Planning Technician
Re Autumn Hill Preliminary Plat, SUB-01-8284-YL
LIST OF EXHIBITS: Exhibit I - Site Plan, dated Jul 07, 2001
Exhibit" - Public Hearing Notice
Exhibit III - Mitigated Determination of Non-Significance
Exhibit IV - SEPA Comment Letters
Exhibit V - Applicant Letter Requesting Variance
A. PUBLIC HEARING OBJECTIVE:
The Planning Commission must determine if the proposed project is consistent with the City of
Yelm's Comprehensive Plan and applicable 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
E!.. PROPOSAL:
The applicant proposes to subdivide 6 64 acres into 26 single-family residential lots The
proposed plat includes stormwater facilities, open space, and new streets
C. DEPARTMENT ANALYSIS AND FINDINGS
1 Applicant. Lubbesmeyer Construction, LLC
2 Location The project site is located at 10847 Vancil Road, on the southwest side of
Vancil Road, south of the Yelm Ave / Vancil Road Intersection
3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley Nevvs on
Fnday, August 10, 2001, and posted In public areas on Tuesday August 7, 2001 The
notice was mailed to adjacent property owners, and the applicant, on August 7, 2001
4 Existina Land Use. Zonina. and Densitv The site encompasses 2 parcels There are
currently two houses, and miscellaneous outbuildings on the site that will be demolished
The site IS zoned Low DenSity Residential (R-4), Chapter 17 12 The applicant proposes
to divide the 6 64 acres Into 26 single-family residential lots In the R-4 District, the
maximum density is four (4) units per acre As proposed, the density of the project IS four
units per acre
( (n!l:::~I;r; r)l~ nIp ;1:' 11 r r'li~' !.Il-:' '\i 11 hill 1'1;:[ ",uhli' if':1 =<"'.l \lJl\i:lln I Iii:. _ .1 (~l:,:i P 'pnt: ,1.-(
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5 Lots Size and Setbacks. The R-4 District does not have a minimum or maximum lot size
but it does have standard yard setbacks It appears all lots can meet minimum setback
requirements
6 Adiacent Land Uses and Zoninq Properties to the North and Northwest are R-4, and to
the East, South, and Southwest are outside the City limits, Thurston County zoned RR 1/5
Rural Residential
7 Open Space. Chapter 16 14 requires a minimum of five percent of the gross area be
dedicated as open space, which is 14,460 5 sq ft. The proposed open space is
approximately 14,940 sq ft., and will be dedicated to the City of Yelm When dedicated,
the open space becomes public land The current configuration of the proposed open
space does not provide for vehicle access for maintenance, and does not provide access
to the general public. The open space must also provide one or more of the following
uses environmental interpretation, or other education, park, recreational land, athletic
fields, off-road footpaths or bicycle trails, or any other use found by the City to further the
purposes of the open space chapter
The applicant has not indicated at this time, what improvements will be made to the open
space to meet minimum standards as stated above
The area to be dedicated as open space is the future transportation corridor for the Y2 0
improvement. At such time the open space is purchased for the Y2 right-of-way, the City
will either provide open space of equal value within a close proximity of the site, or pay a
fee-in-Iieu of which would be spent on improvements to an existing park, or towards the
purchase of additional open space
8 Schools New residential units create a demand for additional school services and
facilities The Yelm School District requests that the developer enter into an agreement
with the school district for the payment of mitigation fees based on the project's impact.
This request became mitigation of the Environmental Determination
9 Transportation and Site Access. The property fronts on Vancil Road Frontage
improvements on Vancil Road, and proposed internal streets, are required for this project.
Yelm Municipal Code, Chapter 16 16060 states, "Every subdivision or combination of
subdivisions of twenty-five or more housing units, shall provide more than one vehicular
access from an arterial or collector street."
Yelm Municipal Code, Chapter 16 16090 states, "The layout of streets shall provide for
continuation of streets existing in adjoining subdivisions When adjoining property is not
subdivided, streets in the proposed plat shall provide access to such unplatted property in
accordance with the Yelm Transportation Plan"
Yelm Municipal Code, Chapter 16 16 110 states, "A street designed to have one end
permanently closed, or in the form of a cul-de-sac, shall not have a length greater than six
hundred feet, nor shall such street serve greater than twenty-five housing units, provided, 0
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that a street designed to provide later connection to adjoining property shall not constitute
a dead-end street.
The Yelm Transportation Plan states, "The City of Yelm recognizes that increasing
connections throughout the City not only reduces traffic congestion, but also increases the
sense of unity of the community Therefore, the City will limit the use of cul-de-sacs,
dead-end streets, loops, and other designs that form barriers The City will seek to
minimize impacts of through traffic upon residential neighborhoods by employing narrow
streets, curves, indirect access routes, and other features"
The site plan includes one vehicle access from Vancil Road The plan does not provide
for more than one vehicular access from an arterial, or collector street as required in
16 16 060
The site plan does not provide for future connection to adjoining properties as required in
16 16 090 The applicant has requested a variance from this requirement. See Exhibit V
attached The proposal also shows the street entering from Vancil Road, to be ended with
a cul-de-sac, and longer than six hundred feet.
Yelm Municipal Code Chapter 1796.023 Variances, states, "If because of special
circumstances applicable to the subject property due to size, sh<;ipe, topography, location
or surroundings, and if the strict application of this title is found to deprive subject property
of rights and privileges 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"
Based on criteria required for a variance, it is staff interpretation that a variance is not
applicable for this property
Chapter 4B 020 of the City of Yelm Development Guidelines states, "A design exception
may be granted by the City based on the following criteria.
1 Reduction of carrying capacity as demonstrated by a Traffic Impact Analysis,
2 When alternative methods of stormwater conveyance and treatment (other than
swales) are proposed and in compliance with the Stormwater Manual,
3 Future expansions / extensions of the proposed roadway are improbable due to
physical constraints, and
4 Meets the intent of Transportation Section 4 000
The layout of streets shall provide for the continuation of existing principal streets in
adjoining subdivisions, or of their proper projection when adjoining property is not
subdivided"
Based on the criteria required for a design exception, it is staff interpretation that the
design exception is not applicable for this property
Chapter 16 04 090 does allow for the applicant to appeal any staff or commission decision
made pursuant to this title
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The completed project will increase traffic, and impact the City's transportation system
Chapter 15 40, Concurrency Management, requires all development to mitigate impacts to
the City's transportation system A single family home generates 1 01 P m peak hour
trips per unit. The Transportation Facility Charge per unit is $757 50, and payable at time
of building permit.
10 Parkinq. Chapter 17 72, Off-Street Parking and Loading, requires a minimum parking
ratio of two spaces per unit. The developer is proposing at a minimum to provide parking
accommodations for at least two vehicles on each residential lot.
11 Wastewater The project site is in the Sewer Service Area but is currently not connected
to the City's STEP sewer system There is an existing 3" collection line available on the
adjacent property to the north
The existing on-site structures are currently served with on-site sewage systems The
applicant is proposing to remove the homes and abandon the systems
Sewer connection fees are charged at the rate of $4,850 per a connection, payable at
building permit issuance One connection would be charged to each residential building
lot. All connections require an inspection with a fee of $145 00 per connection, also
payable at building permit issuance
12. Water Supplv The proposed site is in the City's water service area but is currently not 0
connected to the City's Water system There is an existing 8" watermain located to the
north at the adjacent property line for connection to Based on the City's Water
Comprehensive Plan, the applicant is required to install a 10" water main along the
frontage of the project.
Water connections are based on a consumption rate of 240 gallons per day, and are
charged a current rate of $1 ,000 per connection (fee subject to change) inside city limits
One connection would be charged to each residential building lot. These fees are payable
at building permit issuance
The existing on-site structures are currently served with on-site wells The applicant is
proposing to remove the homes and abandon the wells
13 Drainaqe/Stormwater The completed project will increase impervious surfaces on the
site, and adjacent streets. Impervious surfaces create storm water runoff Uncontrolled
and untreated storm water runoff can create health and safety hazards YMC requires all
development to comply with the Department of Ecology Stormwater Manual, for the
control and treatment of stormwater runoff
The applicant has submitted a Preliminary Stormwater Report that estimates the
impervious surface, infiltration rates of the runoff, and a conceptual design for treatment
and storage of the stormwater Following preliminary plat approval, the Stormwater
Manual requires the developer to submit a final plan consistent with the final impervious
calculations for the site 0
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Stormwater facilities require continued maintenance to ensure they remain in proper
working condition
14 Fire Protection Fire protection is provided by the Thurston County Fire District #2. As
development occurs there will be additional demands for fire service
15 Police Protection Police protection is provided by the City of Yelm As development
occurs there will be additional demands for police service
16. Street Liohtino. Adequate street lighting will be required for this project. Street lighting
design must meet the City of Yelm's Development Guidelines, and plans submitted to the
Community Development Department for review and approval
17 LandscapinQ. 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 applicants to provide
on-site landscaping for all development proposals
The site is adjacent to properties that are compatibly zoned When all adjacent properties
are zoned residential, the code requires that the perimeter of the site be landscaped with
Type II landscaping In residential subdivisions the city also allows fencing to meet the
landscaping requirements for the perimeter of the site
Landscaping is also required in the open space, and above ground stormwater facilities
A conceptual landscaping plan has not been submitted at this time The applicant does
show on the site plan, areas to be landscaped
Chapter 17 80 requires that at time of civil plan review and approval, the applicant provide
a final landscape and irrigation plan for approval
18 Environmental Review: After review of the environmental checklist and supporting
documents, a Mitigated Determination of NonSignificance (MONS) was issued on July 17,
2001 The comment period expired August 1,2001 The MONS is attached as Exhibit III
19 Public Comment. Comments were received from Yelm Community Schools, and
Washington State Department of Ecology
Findin~s and Conclusion.
Chapter 16 12.170 requires written findings prior to a decision on a preliminary plat Based
on the project as proposed by the applicant, and the conditions of approval below, staff finds
that the subdivision
a. Adequately provides for the public health, safety, and general welfare, and for
such open spaces, drainage ways, streets, potable water supplies, sanitary
wastes, parks and recreation, schools, sidewalks,
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b That the public use and interest will be served by the platting of such subdivision
and dedications,
c The subdivision is in conformance with The Yelm-Thurston County Joint
Comprehensive Plan, the City Zoning Ordinance, the City Subdivision Ordinance,
and the City's Development Guidelines
D. Staff Recommendation
Based on the Analysis and Findings in Section C, and the Conditions of Approval listed below,
staff recommends that the Planning Commission forward SUB-01-8284- YL to the City Council for
approval
Conditions of Approval.
Open Space
1 The applicant shall shift the open space to the West, to border on Vancil Road, keeping at
least 14,460 5 sq ft. This will allow for public access as required in 16 14, and vehicular
access for maintenance The applicant may increase the size of lots 5, & 6, if desired,
keeping the minimum open space requirement.
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2. The applicant shall submit a final improvement plan for the open space. The open space
improvement(s) shall be located to the south of the stormwater facility The plan shall
demonstrate compliance with Chapter 16 14 050
3 The applicant shall dedicate the open space to the City of Yelm
Transportation
4 Frontage improvements are required for this project. Frontage improvements shall be
consistent with the City of Yelm's Development Guidelines Frontage improvements for
Vancil Road shall be consistent with the section "Neighborhood Collector" Interior street
improvements shall be consistent with the section "local access residentiaf'
5 The applicant shall provide for continuation of streets as per YMC Chapter 16 16 060,
16 16090, and 16 16 110 For this proposal, creating two vehicle accesses off Vancil
Road (Chapter 16 16 060, option c) may not make the best use of this property because
of design requirements. To meet the requirements of Chapter 16, the applicant has the
option to
a. extend the proposed street North, to the property adjoining on the North,
b extend the proposed street East, to the property adjoining on the East.
c. create a loop road, resulting in two accesses from the collector street, provided
minimum intersection spacing of 200' can be met.
If the applicant chooses option a" or b , the applicant shall be required to sign the street 0
"Future Road Connection"
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6 The applicant shall mitigate transportation impacts based on the new residential p m peak
hour trips generated by the project. The Transportation Facility Charge (TFC) shall be
based on 1 01 new peak hour trips per residential unit. The applicant will be responsible
for a TFC of $757 50 per unit which is payable at time of building permit.
Sewer
7 The proponent shall connect to the City's S T E.P System There is an existing 3" line at
the adjacent property to the north A connecting 3" line line shall be extended across the
frontage of the property The S T E P System shall be designed to City standards The
applicant shall submit final civil plans to the Community Development Department for
review and approval
8 Sewer connection fees are charged at the current rate of $4,850 per connection, (fee
subject to change) payable at building permit issuance All connections require an
inspection, with a fee of $14500 per a connection, also payable at building permit
issuance These fees will be assessed at building permit issuance for each lot.
9 Existing sewage systems located on-site shall be abandoned per Article IV Rules &
Regulations of the Thurston County Board of Health Governing Disposal of sewage
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Water
10 The Applicant shall connect to the City's water system There is an existing 8" watermain
located on the adjacent property to the north A 10" line shall be extended across the
property frontage of the development. The on-site water system shall be designed to City
standards. The applicant shall submit final civil plans to the Community Development
Department for review and approval
11 Water connections are based on a consumption rate of 240 gallons per day and are
charged a current rate of $1 ,000 per connection (fee subject to change) inside city limits
One connection would be charged to each residential building lot. These fees are payable
at building permit issuance
12 Existing wells on-site shall be abandoned per Department of Ecology standards and
documentation submitted to the Thurston County Health Department for review
13 Water rights for the abandoned wells shall be dedicated to the City of Yelm
14 All open space areas and planting strips shall have an irrigation system with a separate
water meter(s) The applicant shall submit final civil plans to the Community Development
Department for review and approval
Stormwater
o 15 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
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(BMP's) are required during construction The applicant shall compile a final storm water
report along with construction drawings
16 All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished
utilizing individual drywells
17 The applicant shall submit a storm water operation and maintenance plan to the
Community Development Department for approval prior to final plat approval
18 The stormwater system shall be held in common by the Homeowners The Homeowners
Agreement shall include provisions for the assessment of fees against individual lots for
the maintenance and repair of the stormwater facilities.
Fire
19 The applicant shall submit fire flow calculations for all existing and proposed hydrants All
hydrants must meet minimum City standards
20 The applicant shall submit a fire hydrant plan to the Community Development Department
for review and approval
Street Liqhtinq
21 Per the City of Yelm's Development Guidelines, street lighting and interior street lighting
will be required A lighting design plan shall be submitted to the Community Development
Department for review and approval
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Landscapinq
22 The applicant shall submit a final landscaping and irrigation plan to include the perimeter
of the project site, planter strips, open space, and stormwater facilities
Environmental
23 The applicant shall comply with the mitigation of the MONS issued on July 17, 2001
Subdivision Name and Property Addresses
24 The applicant has submitted a subdivision name of Autumn Hill The City will forward that
name to the Thurston County Records Department for approval Prior to the submission
final plat application, the applicant will provide the Building Department with a plat map for
addressing
General Public Works
25 The applicant shall submit a grading plan for review and approval prior to anyon-site
grading
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26 The applicant shall contact the Olympic Air Pollution Control Authority, 909 Sleater-Kinney
Rd SE, Suite 1, Lacey, WA 98502, (360) 438-8768 to secure any necessary permit(s) for
the removal of materials containing asbestos and/or lead paint. Prior to issuance of a city
building permit the applicant shall demonstrate compliance with any OAPCA
requirements
27 The applicant shall submit a demolition plan for all structures on the project site The
demolition plans shall address any requirements from the Olympic Air Pollution Control
Authority permit. A demolition permit is required for the removal of existing structures
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CITY OF YELM
EXHIBIT I
Project Proposal & Site Plan
SUB-01-8284-YL
SITE PLAN - JULY 5,2001
AUTUMN HILL PLAT
A PORTION OF SEC. 30, TWP 17N SW 1/4 OF THE HE 1/4
RGE. 2E, W.1I." THURSTON COUNTY, WASHINGTON
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I Date August 20, 2001
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PUBLIC HEARING NOTICE
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SUB-01-8284-YiL
CITY OF YELM
EXHIBIT II
PUBLIC HEARING NOTICE
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NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
DATE
PLACE
PURPOSE
Monday, August 20, 2001, 4.00 p.m.
Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA 98597
Public Hearing to receive comments on a 26 lot Residential Subdivision,
Case #SUB-01-8284-YL
APPLICANT. Lubbesmeyer Construction, LLD
PROJECT LOCATION. 10847 Vancil Road, South of the Vancil RoadlYelm Ave. Intersection,
on the West, Yelm, WA
The Yelm Planning Commission will hold a public hearing to receive comments on a preliminary
plat application to subdivide 6 64 acres into 26 single-family residential lots. The Planning
Commission will make a recommendation of action to the City Council. The City Council will act
upon the Planning Commission's recommendation at their September 12, 2001, regularly
scheduled meeting
o
Testimony may be given at the hearing, or through any written comments on the
proposal, received by the close of the public hearing on August 20, 2001 Such written
comments may be submitted to the City of Yelm at the address shown above 'Or mailed to
City of Yelm, Community Development Department, PO Box 479, Yelm WA 98597
Any related documents are available for public review during normal business hours at the City
of Yelm, 105 Yelm Ave W., Yelm WA. For additional information, please contact the Community
Development Department at (360) 458-3835.
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
/
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Agnes Bennick, City Clerk
DO i'10T PU8L:SH BELOW THiS Lli'JE
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Pub! shed n the j'JiSqlJ2iiy Vailey :---1e"/5 Friday ,t\,ugust 10 2001
Posted ,n Public Areas T:J8sda'l August 7, 2C01
1\11:3l1ed to ll,dj2Cent Property O'/lners Tuescaj ,tI,L..g:Jst 7 2001
Exhibit II, Page 1
I Date August 20, 20011
I
1
CITY OF YELM
EXHIBIT III
MONS
SUB-01-8284-YL
()
SEPA NO 8284
MITIGATED
DETERMINATION OF NONSIGNIF1CANCE
Proponent:
Lubbesmeyer Construction, Inc,
Description of Proposal.
Subdivide 6.64 acres into 26 residential lots
Location of the Proposal
The project is located on the east side of Vancil Road, south of the Yelm
Ave" Vancil Road intersection.
SectionlT ownsh ip/Rang e:
Section 30, Township 17N, Range 2E, Tax Parcel numbers 22730130900
& 22730130800
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 43.21 C 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/Mitigating Measures:
SEE ATIACHED
Lead agency'
Responsible Official.
City of Yelm
Shelly Badger, City Administrator
()
Date of Issue:
Comment Deadline:
July 17,2001
5:00 p.m., August 1, 2001
J;,Ie, If' ~(illr
SnellY Badger;City A ministrator
~ 'I..)
This Mitigated Determination of NonSignificance (MONS) is issued pursuant to Washington Administrative Code
197-11-340(2) Comments must be submitted to Catherine Carlson, Community Development Director, at City of
Yelm, 105 Yelm Ave W , POBox 479, Yelm, WA 98597, by 5'00 p.m., August 1, 2001 The City of Yelm will not
act on this proposal prior to 5:00 p.m., August 8, 2001
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 , August 8, 2001 You should be prepared to make specific factual objections. Contact Cathie
Carlson, Community Development Director, to learn more about the procedures for SEPA appeals This MONS
is not a permit and does not by itself constitute project approval The applicant must comply with all applicab!e
requirements of the City of Yelm prior to receiving construction permits which may include but are not limited to the
CityofYelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14 08), Storm water Drainage Design
and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road
Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program
DO NOT PUBliSH BELOW THIS Lli'E
P'JQlished' i'Jisquailj Valley ~~ews, Fr;cay July 20 2001
Pos:ed in ;;ubiic a.eas Wednesca'j Julj ,8 2001
COP!~s.o Ad a;s'-\c:9s/citiz9r\S on SE?A madir,g !ist 2.r.d adjacer;t ~Io;:~~y CN're:'s \;'/9cr''Ssday JUI'! ~Ia 20C"',
C)
E,,<hlbit III, Page 1
I Date August 20, 2001
CITY OF YELM
EXHIBIT III
MONS
SUB-01-8284-YL
o
ATTACHMENT
SEPA CASE NO 8284
This Mitigated Determination of Non Significance is based on the project as proposed and impacts and
mitigation reflected in the following
Gl Environmental Checklist (dated May 30,2001, prepared by C E.S NW, lnc,)
e Preliminary Stormwater Report (dated May, 2001, prepared by C E.S. NW, Inc.)
And the following conditions
The applicant shall mitigate transportation impacts based on the new p m peak hour trips
generated by the project. The Transportation Facility Charge (TFC) shall be based on 1 01 new
p m. peak hour trips per residential dwelling unit. The proponent will be responsible for a TFC
of $ 757.50 per unit which is payable at time of building permit.
o
2.
The proponent shall enter into an agreement with the Yelm School District to mitigate project
impacts to the school district.
3 OAPCA and City Demolition permits are required for the demolition of the existing structures
Existing wells, septic tanks, and septic drainfields are to be abandoned as per State, and County
regulations
o
Exhibit III, Page 2
August 20, 200D
I
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I Date
CITY OF YELM
EXHIBIT IV
SEPA COMMENT LETTERS
SUB-01-8284-YL
~Uj-Ol-2001 WED 12:01 PM DOE SW REGIONAL OFFICE
FAX NO, 4256487088
p, 01/02
()
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO. Box 47775 · Olympia, Washington 98504-7775 . (360) 407-6300
Au!:,'ust I, 200 I
Post-it' Fax Note
To
7671 Date
Co.
Ms, Cathenne Carlson
CommunIty Development Director
City ofYchn
PO Box 479
Yelm, WA 98597
CoJOapt
Phona #
Phone 1F
F~XII
Fax #
Dear Ms. Carlson,
Thank you for the opporrumty to comment on the mitigated determination ofnonstgnificance for the
subdivision of 6.64 acres into 26 residentIal lots (Autumn Hills Prehminary Plat) located on the east side
of Vancil Road, south of the Yelm AvenuelVancil Road intersection as proposed by Lubbesmeyer
Construction, Inc. We reviewed the environm<;:ntal checklist and have the following comments:
C)
SEPA Coordinator:
If this SEPA document does not address on- or ofr-site work related to infrastructure including ulIhtJes
and/or roads, the SEP A may need to be revised to reflect thIS mfonnatiun.
Water Oualitv:
;:;rosion control measures must be 111 placl; prior to any clearing, gradmg, or constructlOn. These control
measures mU$t be effecl1ve to prevent soil from being carried into surface water by stormwater nmoff.
Sand, silt, and soil will damage aquatic habItat and are considcr~d pollutants.
.Any discharge of sediment-laden runoff or otht:r pollutants to waters of the state is in vlOlatlOn of Chapt<::r
?G ~8. Wat!:r Pollutlon Contra] and WAC 173-20 lA, Water Quality Standards for Surface Waters of th~
-':<..~ '.)f Washington, and is subject lO enforcement action
Proper disposal of constructlOn debns must be on land in such a manner ,hat debns cannot enter the
drainage cinch or caL:Se water qualtt) degrada[lon ois;a11: 'Naters.
During constr:lctlon, all releases or OIls, hydrauliC fiU1CS, fL:els, ol!1'~r petroleL:m products, pamE, solvents:
anc. otner c(:!~:::nol.:s nl~:e:'l~ls Y':"".ust ae CJTH2.;ncd ~r..d 'c:t110v~d in 3. ITlZlIlr1e: t.h.2C \"! n prcvtnl .helr
dI5Cr2.:-gl. to '.v~te:-s (lr.d 5oii.; of t;".e 3~:E= T'-:~ -: ea:-- ? of :;p!l.5 ~ho:Jld take pre~edtnce QV(;:" other ;:ork
0:1 tr.e 51[(;
Co\"~rage -1nd-=~ .he Gen~"z:! 3(lsei~r.e <; o:::'.v::: cr ....2.~r ?e!~il! is .eqt..:.red. fur CO:;:;~L.:':_lOTi s;t~s gT~Jt~..
~..:: tl e 2cres.
\1,. :Iter Resources
Th: ~Jr()iJiJ-;'~~ .S ~~DC1:S Jle "01 .::is-=::: ~.~ tb::: ';J(c [0 .:!r:::::rT'Ir.i.: rh:: i()C~LII)Il)! ~ I ::.'"Ist;r:;g \Vel S M.:-:....
:1LS~:l '1...~lIs 1~:J: J'~ ~;operi 'J ;b:~do;-.~j :r.c 1b~~d(;.:cr rl""'?()~s :;UJJ"littCG to E:OIOgy as dcscnbc~:n J.
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Exhibit IV, Page 1
I Date. August 20, 2001
EXHIBIT IV
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1
SEPA COMMENT LETTERS
I
S U 8-01-8284- Y1L
r~ITY OF YELM
-:~-::-20Ql WED 12:01 PM DOE SW REGIONAL OFFICE
FAX NO, 4256497098
p, 02/02
Ms. Catnerm.:: Carlson
Augu,t \, 200 I
Page 2
WAC i 73-160-4 i 5 ThlS mcludcs resourc\: protection wells and any dewatering wells installed dUl'lng
the con,rfUC!lOn phasr; of thr;: project,
The Growth rvlanagement Act (Section l'i3) requm.:s an applicant to submit evidence of an adequate water
supply before a building permlt can be Issued fUf any building requiring potable water
'I11e water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of It,;
water rights,
o
If you have any questions or would like to respond to these comments, please.: call Ms.lVlargaret Hill
-\;~'2~er Quality) at (360) 407-0246, Mr Don Davidson (\Vater Resources) at (360) 407-0275 or I can
~c reached at (360) 407-6787
ru;~
j., ~al1 Rokstad
r:'iEPA Coordinator
Suuthwest Regional Office
KR.aw (01-4806)
Don Davidson, SWRO/WR
Margaret Hill, SWROmQ
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Exhibit IV Page 2
I Date. August 20,20011
I
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CITY OF YELM
EXHIBIT IV
SEPA COMMENT LETTERS
SUB-01-8284-YL
~ CEP?ED C)
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YELM CONIMUNITY SCHOOLS
Where all students can leal7l and grow
Erlmg Birkland
Drrector of FacilIties
June 15, 2001
Ms. Cathenne Carlson
CIty Planner
CIty ofYelm
PO Box 479
Yelm, Washmgton 98597
RE. Autumn Hill
SUB-01-8284-YL
"
()
Dear Ms. Carlson.
Yelm Commumty Schools reqUIres MitIgatIOn Agreements for sub-dlVlslOns of five or
more buildmg sltes. Please mclude the Mitrgatron prOVISIOn as part ofthe SEPA
reqUIrements for the above referenced sub-mVlslOn.
Should you have any questlOns please call me at 458-6128
Smcerely,
~/ ~- -
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Er g M. BIrkland :;: /"
F~lbtres DIrector
Yelm CommunIty Schools
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Exhibit IV Page 3
I Date. August 20, 2001
CITY OFYELM
EXHIBIT V
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ApPLICANT LETTER REQUESTING VARIANCE
SUB..01-8284-YL \
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5308 12c\ Street East, Suite B
Fife, WA 98424
Phone: (253) 922-1532
Fax: (253) 922-1954
ceservices@qwesi:.net
CsE.S. NfV In c.
em! E!1gzmermg (5" Si!rv~'lIl.Z
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May 8,2001
Ms. TamI Memman, Plannmg TechnicIan
CIty ofYelm
105 Y elm Avenue West
POBox 479
Yelm, W A 98597
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Project:
Subject:
Autunm Hill Prehmmary Plat, ApphcatlOn#SUB-Ol-8284-YL
Traffic RepOlt
Dear Ms. Memman
The enclosed copIes of the Autumn Hill Plat have been revIsed per the comments lD your letter dated
June 29,2001 However, Item #12 has not been addressed because my chent would like to request a
vanance from eonstruetmg a "contmuatlOll of street." Please call me so that we may discuss the
vanance and any questIons that you may have.
Th?J)
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Cra:~~
PYlclpal
Ene 3 RevIsed -\utumI1 HIll Prel1I111nan Pldt plans
C Paul LL!bbesl1le e1' Lubbesnle' er Construct on 1151 - 112th Street E Tacoma \\ -\ 98445
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August 20, 200iJ
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ExhibIt V, Page 1
I Date
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105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
YELM
WASHINGTON
Date' August 13, 2001
To' Planning Commission
From: Cathie Carlson, Community Development Director
Re. Yelm School District Alternative High School, CUP-01-8286-YL
LIST OF EXHIBITS: Exhibit I - Site Plan
Exhibit 1/ - Public Hearing Notice
Exhibit III - Determination of Non-Significance
Exhibit IV - Comment Letter
Exhibit V - Map illustrating 500' distance from project site.
Exhibit VI - School District letter requesting a delayed schedule for
street and parking improvements.
A. PUBLIC HEARING OBJECTIVE:
The Planning Commission must determine if the proposed project is consistent with the City of
Yelm's Comprehensive Plan and applicable 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 is applying for a Special Use Permit to convert two commercial buildings (20,000
sq ft and 1000 sq ft) and associated parking into the Yelm Extension School At this time the
Extension School has approximately 30 students The students do not attend traditional
classes and are not on fixed schedules The proposed use does not require the entire square
footage of the buildings be utilized to house the Extension School At this time it is unknown
what other types of activities or uses will occur in the remainder of the buildings
The City's review of the use at this location is based on maximum student population of 181
students and approximately 19 people as various staff The Districts' standard for a high school
is 110 square feet per student. By analyzing the property for its maximum occupancy thiS will
allow for the School District to use the building based on District needs and will not require the
applicant to modify its conditional use permit every time they need to use the building for
additional activities
C. DEPARTMENT ANALYSIS AND FINDINGS.
Proponent. Yelm School District
2
Location 103 and 107 First Street Tax Parcel # 21724120404
q
3
Public Notice Notice of the Public Hearing was published in the Nisqually Valley News
on August 10, 2001, and posted in public areas on August 6, 2001. The notice was
mailed to adjacent property owners and the applicant on August 6, 2001
o
4 Existinq Land Use and Zoning The site is zoned Central Business District (CBD),
Chapter17 24 and contains two existing buildings In the CBD, Special Uses are
allowed as provided for in Chapter 17 66 A school is classified as a special use and is
allowed, provided any unique impacts resulting from the proposal can be mitigated
5 Lots Size and Setbacks. The CBD does not have a minimum lot size The current
building footprints will not be expanded, therefore no changes will result to current
building setbacks
6 Adiacent Land Uses and Zoning All properties adjacent to the project are zoned
commercial, CBD, C-1 or C-2. Properties to the north of the parking area, located on
the northeast corner of First Street and Jefferson Street, are zoned CBD but are
currently developed as single family residential Properties adjacent to the site on the
easterly boundary are zoned C-1 and developed as residential All other adjacent
properties are commercial zoned and developed as commercial
In the CBD liquor stores are prohibited within 500 feet from the exterior boundary of any
public school grounds and in the C-1 and C-2 Districts, taverns, liquor stores, billiard
halls and pool halls are prohibited within 500 feet from the exterior boundary of any
public school grounds 0
The restriction of limiting liqueur stores in the CBD would have very little if any impact to
current or future business in the CBD However there are a number of parcels in the C-
1 and C-2 Districts that would not be permitted to site a tavern, liquor store, billiard hall
and pool hall Exhibit V illustrates the approximate 500' radius from the school property
in which those uses would be prohibited To eliminate the restriction of siting these uses,
the zoning code would require an amendment. However an amendment would have to
be district wide, creating situations in where a tavern would be allowed to site adjacent
to schools
Also, the Washington State Liquor Control Board controls the issuing of a liquor license
When an applicant applies for a liquor license, the Board notifies the surrounding
property owners The board can reject an applicant if requested by a surrounding
property owner
7 Transportation and Site Access. The buildings front on First Street, with the parking
areas fronting on Second Street and Jefferson Street. First Street is classified as a
Pedestrian Oriented Street. This frontage along First Street is already improved and will
not require any upgrades or improvements Yelm Development Guidelines classify
Second Street and Jefferson as local access commercial These streets currently
consist of approximately 22' of dnving surface only
The School District's financing and budget cycle may limit the District's ability to
complete the street, stormwater and parking lot Improvements prior to occupancy The 0
Page 2 of 7
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School District has requested a delayed schedule for the frontage and parking
improvements (Exhibit VI )
This proposal does not include any school bus service to the site now or in the future
The completed project will increase traffic and impact the City's transportation system
Chapter 15 40, Concurrency Management, requires all development to mitigate impacts
to the City transportation system A high school generates 0 04 P m peak hour trips per
student. For maximum use of the site with 181 students the Transportation Facility
Charge is $5,430 00 and payable at time of building permit.
8 Parking. Chapter 17 72, Off-Street Parking and Loading, requires minimum parking
facilities of 1 parking stall for each four students that are normally enrolled and are of
legal driving age, plus one parking stall per classroom and office Assuming a
maximum occupancy of 181 high school students, 10 classrooms and 5 office spaces,
75 parking spaces are required This assumes that approximately 1 out of every 3
students will have a drivers license
The existing parking area has adequate space to provide the minimum parking stalls
However, there is currently no access control, landscaping or stormwater management
in the parking areas.
Historically the parking areas have been used by customers of many other downtown
businesses The School District has agreed to number and reserve the stalls as they
need them As the school expands to its full occupancy the District will continue to
reserve and number additional stalls In the future the majority, If not all, of the parking
will be needed for the School (downtown businesses that do not provide on-site parking
will need to determine how to provide parking for their customers in the future)
Loading areas for uses that require regular delivery typically require a separate loading
area that does not conflict with the day to day functions of the facility On the south end
of the building there is an existing loading area that is adequate
9 Wastewater The project site is in the Sewer Service Area and is currently connected to
the City's STEP sewer system There is an existing 3,OOO-gallon S T E.P tank located
at the northeast corner of the property
Sewer connection fees are charged at the rate of $4,850 00 per 240 gallons of use
One connection currently exists at the site However, if the intended use is greater than
the previous use, the new building tenant will be required to pay for any additional
connections All connections require an inspection with a fee of $145 00 per
connection, also payable at building permit issuance if required
10
Water Supply The proposed site is in the City's water service area and IS currently
connected to the City's Water system There is an existing 6" watermam located in First
St.
Water connection fees are charged at the rate of $1,00000 per 240 gallons of use
One connection currently eXists at the site However, if the Intended use is greater than
Page 3 of 7
l
the previous use, the new building tenant will be required to pay for any additional
connections If required, these fees are payable at building permit issuance
o
11 Drainage/Stormwater The completed project will increase impeNious surfaces on the
site, and adjacent streets Impervious surfaces create storm water runoff Uncontrolled
and untreated storm water runoff can create health and safety hazards YMC requires
all development to comply with the Department of Ecology Stormwater Manual, for the
control and treatment of stormwater runoff
Currently this site has some existing stormwater drainage problems The existing
system cannot contain or infiltrate the required stormwater volume The site is sloping
to the southeast toward Jefferson St. The water flows to the intersection of Jefferson St
and Second St. and overflows into the front yard of a private residence on Jefferson St.
The applicant has submitted a Preliminary Stormwater Report that estimates the
impeNious surface, infiltration rates of the runoff, and a conceptual design for treatment
and storage of the stormwater Following Special Use Approval, the Stormwater Manual
requires the developer to submit a final plan consistent with the final impeNious
calculations for the site
Stormwater facilities require continued maintenance to ensure they remain in proper
working condition
12
Fire Protection Fire protection is provided by the Thurston County Fire District #2 As
development occurs there will be additional demands for fire service
Police Protection Police protection is provided b~ the City of Yelm As development
occurs there will be additional demands for police service
Street Lighting. Adequate street lighting will be r!qUired for this project. Street lighting
design must meet the City of Yelm's Development Guidelines and will be submitted to
the City for review and approval
o
13
14
15
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 prbposals In particular school sites
require a Type III landscaping along the street fro~tage and through the required front
yard area and Type II landscaping between the required front yard area and
improvements on the property and along interior p1roperty lines
The existing building locations restrict the areas alailab'e for landscaping There is not
a front yard setback and the rear yard setback is ~pproximately 15' which is used as a
I
vehicle access to the rear of the building The south side is developed to the property
line There is an area along the northwest and northern property line that will be utilized
for parking and can accommodate the required latdscaPing
The parking area located on the northeast corner of First Street and Jefferson Street IS
adjacent to residential development A landscapel buffer could be provided here The
parking areas will be improved and landscaping will be provided per City development
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Page 4 of 7
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standards
Landscaping is also required in and around above ground stormwater facilities
A preliminary landscaping plan has not been submitted A final landscape and irrigation
plan must be submitted to the City for review and approval Installation of landscaping
is typically required prior to occupancy
16 Environmental Review: After review of the environmental checklist and supporting
documents, a Determination of NonSignificance (DNS) was issued on July 26, 2001 The
comment period expired on August 8,2001 The DNS is attached as Exhibit III
17 Public Comment. One letter was received by an adjacent property owner (see Exhibit
IV)
18 Findinqs and Conclusion. Based on the project as proposed by the applicant and the
conditions of approval below, the staff finds that the project
1 Adequately provides for the public health, safety and general welfare and for
drainage ways, streets, potable water supplies, sanitary wastes, and
2 The project is in conformance with The Yelm-Thurston County Joint
Comprehensive Plan, the City Zoning Ordinance and the City's Development
Guidelines
D. Staff Recommendation
Based on the Analysis and Findings in Section C and the Conditions of Approval below, staff
recommends that the Planning Commission forward CU P-01-8286- YL to the City Council for
approval
Conditions of Approval
Sewer
1 The applicant shall submit sewer usage calculations to the Community Development
Department. The required calculations shall be from a professional engineer licensed in
the state of Washington These calculations shall be submitted with the civil engineering
plans to the Community Development Department for review and approval
2. Currently this site has an existing connection of 240 gallons a day If your use is greater
than the current use the applicant will have to pay an additional sewer connection fee
Sewer connection fees are charged at the current rate of $4,850 per connection, (fee
subjectto change) payable at building permit issuance Each connection is considered 240
gallons per day All connections require an inspection, with a fee of $145 00 per a
connection, also payable at building permit issuance If required, these fees will be
assessed at building permit issuance and will be based on the submitted sewer
calculations
Water
3
The applicant shall submit water usage calculations to the Community Development
Department The required calculations shall be from a professional engineer licensed in
the state of Washington These calculations shall be submItted with the civil engineering
plans to the Community Development Department for review and approval
Page 5 of 7
q
4 Curren~ly this site has ~n exis~ing connection of 210 ~~lIons a day If your use is greater
than this use the applicant will have to pay an additional water connection fee Water
connection fees are charged at the current rate 6f $1,000 per 240 gallons of use (fee
subject to change) payable at building permit is~uance If required, these fees will be
assessed at building permit issuance and will be based on the submitted sewer
calculations
o
5 All landscape and planting strips shall have an irrigation system with a separate water
meter The applicant shall submit final civil plans to the Community Development
Department for review and approval
Stormwater
6 The applicant shall design and construct all storm water facilities in accordance with the
DOE Storm Water Manual, as adopted by the Ci~ of Yelm Best Management Practices
(BMP's) are required during construction The applicant shall compile a final storm water
report along with construction drawings
7
The applicant shall submit a storm water operation and maintenance plan to the Community
Development Department for approval prior to fin~1 plat approval
The stormwater system shall be maintained by thJ building owner The Agreement shall
include provisions for the assessment of fees against the owner for the maintenance and
repair of the stormwater facilities
o
8
Transportation
9 The applicant shall be responsible for full-street improvements along Jefferson Street,
between First Street and Second Street and half-street improvements along Second Street.
The frontage improvements shall be consistent with a Neighborhood Commercial Collector
School District financing and budget cycle may prohibit the completed road improvements
prior to occupancy If this should occur the school district shall bond for said improvements
10 The applicant shall establish a schedule with the City for the completion of improvements
for streets, parking, stormwater facilities and associated landscaping with these
improvements All improvements shall be scheduled for completion within 18 months of
occupancy and the School District shall bond for said improvements
11 The vacant lots on the northwest corner of Jefferson Street and Second Street will be
utilized as the above ground stormwater facilities The City will not require full frontage
improvements along this area, but will require the construction of adequate shoulders
12 The applicant shall be responsible for the Transportation Facility Charge of $5,430 00,
payable at time of bUilding permit.
13
If the future, the School District provides bus service to the site, they shall submit plans for
approval by the City Said plans may include but are not limited to, circulation, drop off and
pick up areas, access and parking
o
Page 6 of 7
"
,
o
o
o
Parkinq
14 The applicant shall improve the existing parking areas to include access control,
landscaping and stormwater management.
15 The applicant shall agree to offer public parking in those areas not needed for school
operation
Design Review
16 Any remodeling to the exterior will require design review by the City
Fire
17 The applicant shall submit fire flow calculations for existing hydrants All hydrants must
meet minimum City standards
18 The applicant shall submit a fire hydrant plan to the Community Development Department
for review and approval
Landscaping
19 The applicant shall provide a Type II landscape buffer along the northern property line
adjacent to both parking areas.
20
Pursuant to Chapter 17 80, landscaping shall be included in all parking areas and the
stormwater facilities. These improvements will occur concurrently with the street and
parking improvements as scheduled per Condition of Approval, Transportation #10
21
The applicant shall submit a final landscaping and irrigation plan for review and approval
General Public Works
22 The applicant shall submit a grading plan to the Community Development Department for
review and approval prior to anyon-site grading
23
Per the City of Yelm's Development Guidelines street lighting and parking lot lighting will
be required All lighting design will be submitted to the City for review and approval
Other
24
The applicant shall enter into an agreement with the City of Yelm where the Yelm School
District agrees not to oppose the issuance of a liquor license for any location in the
surrounding commercial districts
T'\Community Development'"Project Files,CUP ConclitionClI Use Permit\8286 {elm Extension School\8286stf Npd Page 7 of 7
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YELM EXTENSION SCHOOL
EXHIBIT II
PUBLIC HEARING NOTICE
CUP-Q1-8286- YL
o
NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
DATE
PLACE
PURPOSE'
Monday, August 20, 2001, 4.00 p.m
Council Chambers, City Hall, 105 Yelm Ave W , Yelm WA
Public Hearing to receive comments regarding the conversion of a
commercial building to the Yelm Extension School, Case nCUP-01.8286-YL
APPLICANT Yelm Community Schools
PROJECT LOCATION 103 and 107 First Street (Wolf Building), Yelm, WA
The Yelm Planning Commission will hold a public hearing to receive comments on a Special
Use Permit application to convert two commercial buildings into the Yelm Extension School.
The Planning Commission will make a recommendation of action the City Council. The City
Council will likely act upon the Planning Commission's recommendation at their September 12,
2001, regularly scheduled 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 August 20, 2001 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
o
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 4 days before the meeting
ATTEST
City ~f Velm
/
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/...~. \:..; \, ., .
l...( J -\'-0 /- . _ J /..1" , ..C
Agnes Bennick, City Clerk
DO NO I PUBLISH BELOW THIS LINE
Published In the Nisqually Valley News Friday, August 10,2001
Mailed to Adjacent Property Owners and Posted in Public Places August 6, 2001
o
YELM EXTENSION SCHOOL
EXHIBIT III
DNS
CUP-Q1-8286- YL "
c:
SEPA NO 8286
DETERMINATION OF NONSIGNIFICANCE
Proponent:
Yelm Extension School
Description of Proposal
The proposal is to convert existing commercial buildings to classroom
space for Yelm Extension School
Location of the Proposal
103 First Street. (The old Wolf Building) Yelm, WA.
NE 1/4 of the SW 1/4, Section 19, Township 17N Range 2E.
SectiontT ownshi p/Rang e:
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 43.21 C 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/Mitigating Measures:
NONE
Lead agency'
Responsible Official'
City ofYelm
Shelly Badger, City Administrator
c:
July 26, 2001 '
5:00 p.m., August 8, 2001 (. ) 1
NLl{luv. A{it fr/\..----
. -' Shelly/Badger, City"Administrator
'J ,)
This Determination of NonSignificance (MONS) is issued pursuant to Washington Administrative Code 197-11-
340(2) Comments must be submitted to Catherine Carlson, Community Development Director, at City of Yelm,
105 Yelm Ave W., POBox 479, Yelm, WA 98597, by 5:00 p.m., August 8,2001 The City ofYelm will not act
on this proposal prior to 5:00 p.m., August 15, 2001
Date of Issue:
Comment Deadline:
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 , August 15, 2001 You should be prepared to make specific factual objections. Contact
Cathie Carlson, Community Development Director, 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 ,A.reas Ordinance (14 08), Storm water
Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act
(SEP,A,) Title (14), Road Design Standards, Platting and Subdivision Title (16) and the Shoreline Master Program
DO NOT PUBLISH BELO'''; THIS L1i'lc
Pub!isrec i'J:sq'Jaily \faile" i'Je"/s r=r:day August 3 2001
Postsd 1n ~ubljc 2.ree.s JL;ly 26 2001
CO~Jes.o All agenc:eslc;tizens on S:::JA i"Tia!ling !is ar~:: adja:ent ~rop9r1'j OVJ~ers J1.Jly 26 2GC I
De: of C:ccicg'/ ';ichecklist, JL:ly 26 2001
0,
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YELM EXTENSION SCHOOL
EXHIBIT IV
COMMENT LETTER
CUP-Q1-8286- YL
:J
Steve and Kris Cra.J~
12725 118th Avenue S~E.
Ramler, WA 98576
June 28 2001
CathIe Carlson
CIty ofYelm
PO Box479
Yelm, WA 98597
Dear Ms. Carlson.
The following comments are offered m response to the Notice of Application for the
estabhshment of the Yelm Extension School m the Old WolfBUlldmg at 103 First Street.
LocatIOn of the Yelm Extension School located at the First Street location has the
potentIal ofbecommg a very pOSItive factor m a down town revItalIzatIOn effort.
o
2. Hopefully, renovation of the Old Wolf Buildmg will mclude some exterior fas:ade
improvements that perhaps could include design elements reminiscent of the 1920s or
30s, thus making the bUlldmg more consistent wIth the older downtown archItecture.
I understand the school dIStnct has a lImited budget and what IS bemg suggested need
not be expensIve. I am hopeful that the bUlJdmg, after renovatIon, doesn't look lIke a
converted grocery store, but rather a bUlldmg the school dIStrIct, students and the
communIty can take pnde m.
3 If the school dIStrIct and the CIty are open to discussing It, it IS suggested that the City
mvestIgate acquiSItIon of the parkmg lot portIon of the proposed project across the
street from the Old Wolf BUJldmg. This parkmg lot has been a defacto publIc lot for
many decades and IS vJtal to downtown commerce. If the CIty was to purchase the lot,
It would, of course, sIgnIficantly lessen the overall cost to the dIstrIct, and could still
serve the school dIStrICt needs m an arrangement that could be worked out WIth the
cIty It would also ensure that there would be parkmg to serve downtown needs on a
permanent baSIS. Also, a consIderatIon relative to the parkmg Jot, IS the posslbllJty of
usmg a portion of It for a parl-.. & rIde lot that could In small measure help alle"late
traffic congestIon The State Department of TransportatIon has In form;:lll v mdlGllcd
that the' would be open to dISCUSSIng the maller DOT's Invoh ement could also help
dcfrav the acquIsltJ0n cost. ~s<;oc]<1ted \1'lth thl:; could be a J11ode,t hus :;heller to
sene mterclt\ tr<1nsl[ Loo~jng to the future thIS lot mal' al:;o be CrIlicl! to
dc' elopment of commuter tr;:11O pas<;cngcr ser' ice In 'r elm I bellcve ,orne CrC;:1li\ c
nprOr.IJnllJe' f11:l ~"lq [kit c0uld henefit ~lil [Janie, ~1nd the comnlLlnJt\ and I am
!wpc .iI that kre" ill he OPf1l'rtL!n:t:c, l0 1l~I\C tiw,ugh[tul ciJ,cLI<;<;lrln on till'
o
YELM EXTENSION SCHOOL
EXHIBIT IV
COMMENT LETTER
CUP-Q1..a286- YL
c'
4 In the future the Histonc Wolf Buildmg may be converted to a restaurant, where wme
and beer would be served. I am hopeful in that event, that the Clty and the school
dlstnct would not oppose lssuance of a liquor hcense, partlcularly since there are
three other busmesses in the downtown core that do currently serve liquor
I n concluSJOn I beheve Yelm Commumty Schools will be a positive influence and
partner in Yelm's old town busmess commumty and I, as an adjacent property owner,
look forward to them bemg our new nelghbor
Smcerely,
j i
"--.-C i i"'
-' '.....~- '-
S~~ve Craig
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YELM EXTENSION SCHOOL
EXHIBIT V
- - - ----
MAP - 5001
CUP-01-8286- YL
o Map Produced By: Thurston GRODATA Center's Internet lVlap Server
Scale Approx. 1 Inch = 257 Feet
8/8/01 10 12.43 AJ'vf
_ C-l District
~""'~Y'&xl
W~I C-2 District
~~
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Project Site
YELM EXTENSION SCHOOL
EXHIBIT VI
SCHOOL DISTRICT Request .
CUP-Q1-8286-YL Q
CJ
YELNI COMMUNITY SCHOOLS
Where all students can learn and grow
~-------=-------~
Erlmg BIrkland
DIrector of Facil1ties
August 3, 2001
Ms Cathenne Carlson
CIty Planner
CIty ofYelm
P 0 Box 479
Yelm. Washmgton 98597
RE Street Improvements, 1st, 2nd and Jefferson streets
Dear Ms Carlson.
()
Yelm Commumty Schools IS requestmg, upon Issuance of a SpecIal Uses
Penmt, the ImmedIate use ofthe ''Wolf' buildmgs located at 103 pt St. and
107 1st St Yelm Schools IS requestmg the use of these bUIldmgs pnor to
completIon of street, parkmg and dram.age Improvements
Yelm Schools belIeves that thIs request IS reasonable based on the fact that
no other development IS scheduled or planned for the surroundmg area The
ImmedIate upgradmg ofthe subject street frontage would be ofhttle benefit
as It would create wIdened streets Jommg narrow eXIstmg streets and
sIdewalks endmg m the mIddle of the block.
_D~_nother Item of consIderatIon 1S the fundmg ofthe "Wolf' project ThIS
project IS funded through Impact and MItlgatIOn funds whIch are receIved as
bUlldll1g permIts are Issued m PIerce and Thurston CountIes and the CIty of
Yelm
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-YELM EXTENSION SCHOOL
EXHIBIT VI
SCHOOL DISTRICT Request
CUP-D1-8286- YL
\
I :
'J
The fund balance as oftms date IS approXImately $300,000 Average annual
mcome, from rmpact fees, IS $75 000 Cost to repaIr the roof and walls IS
estImated to be between $150,000 and $200,000 EstImated cost to partIally
remodel for the classroom space reqmred for the extenslOn school IS
$100,000 The cost of street and draInage Improvements is estImated to be
between $250,000 and $350,000 It IS apparent that funds will not be readIly
available to fund the constructIOn of classrooms and street Improvements
sImultaneously We beheve that these funds, as they are generated, are
better used to develop the classroom areas first and street improvements,
consIdermg therr hrmted benefit, at a later date.
Yelm Schools IS requestmg that a schedule of street Improvements be
determmed that would not create an undo financIal burden to the school and
would address the need for street and parkmg Improvements as they are
reqmred.
~
J Your consIderatlOn of the request IS apprecIated.
Should you have any questIons please call me at 458-6128
Smcerely ...-_---) _
-- -------.-' <<-- /
~-- ::? - - -- ./"
-.~1'/,,' ~-~/';?
./ j /'/ ~/..,. /../
~rhng M BIrkland
FacIlrtIes DIrector
Yelm Communlty Schools
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City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Date August 14, 2001
To Planning Commission
From Cathie Carlson, Community Development Director
Re Temporary Zoning Exemption for Medic One Relocation
A. Public Hearing Obiective. The Planning Commission must determine if the proposed
temporary relief from zoning is in the best interest of the City of Yelm 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
o
B. Proposal: Request for a 6 month temporary exemption from Title 17, Zoning, at 411
NE West Road for the exclusive use as the Thurston County Medic One station serving Yelm
and the surrounding area. At the conclusion of the 6 months, Medic One will need to have
complied with Title 17, Zoning, by securing a special use permit for its location at 411 NE West
Road or at any other location within the City limits
c. BackQround
The Medic One Unit needs to relocate on short notice However, per the City's zoning code, public
safety and emergency response facilities are considered a special use and require a special use
permit be issued consistent with zoning code requirements and procedures
Under normal circumstances, upon submission of a completed application the proposal is
distributed for a review and comment period, then the planning commission holds a public hearing
and sends the proposal with a recommendation to the City Council for action This process takes
approximately 3 months to complete
Because of the immediate need for Medic One to relocate, it is not possible to process an
application under normal processes
Typical Thurston County Medic One operation for Yelm and the surrounding area is as follows
.:.
2 crew (minimum) 24 hours a day
1 Medic Unit at all times (minimum - may have more than 1 there at a time)
Services Yelm, Rainier and Bald Hills area.
No Siren in Residential areas (County wide policy - not just for this location)
Only use lights in residential areas if traffic IS heavy
Responses in 2000
862 for the year
72 per month (average)
49 per month between 8 00 a.m and 8 00 P m
23 per month between 8 00 P m and 8 00 a.m
.:.
.:.
.:.
.:.
o
.:.
D.
Analysis. Findings and Conclusions:
o
1 Proponent. Thurston County Medic One
2 Location 411 NE West Road, Yelm, WA.
3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News
on August 10, 2001, and posted on the site on August 7, 2001
4 Existinq Land Use Commercial and Residential
5 Adiacent Land Uses Low Density Single family residential and commercial
6 Comprehensive Plan The site is designated Commercial
7 Zoning Chapter 1726, Commercial Zone (C-1) with over lay zone, Special Uses,
Chapter 17 66
8
Public Comment. Prior to proposing the temporary exemption, one neighbor voiced
concerns about siren noise and one neighbor voiced support of the location Medic One's
county wide policy to not use sirens in residential areas has addressed the neighbors
concern to his satisfaction No public comment was received as a result of the public
hearing notice
o
9 Findings and Conclusion. Based on the need for adequate public safety, the building
location and the commercial zoning designation of the site, the staff finds that a six
month temporary exemption from Title 17, Zoning is in within the best interest of the City
of Yelm
E. Staff Recommendation
Based on the Analysis and Findings in Section 0 the staff recommends that the Planning
Commission forward the six month temporary exemption from Title 17, Zoning, for 411 NE West
Road for the exclusive use as the Medic One facility, to the City Council for approval
o
C'\MyFiles\ZONING\mediconestf wpd
Page 2 of 2
Ci
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105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, AUGUST 20,2001,4.00 P M.
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W.
1 Call to Order, Roll Call, Approval of Minutes
July 16, 2001 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 - Autumn Hill Subdivision.. SUB-01-8284-YL
Applicant. Lubbesmeyer Construction, Inc.
Location: Vancil Road
Staff Report Enclosed.
Public Hearing - Yelm Extension School - CUP-01-8286-YL
Applicant: Yelm Community Schools
Location: First Street
Staff Report Enclosed.
4
5 Public Hearing - Temporary Land Use Exemption for Medic One
Applicant: Thurston County Medic One
Location: 411 NE West Road
Staff Report Enclosed.
6 Other'
7 Adjourn -
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with
disabilities If you are a person with a disability in need of accommodations to conduct business
or to participate in government processes or activities, please contact Agnes Bennick, at 360-
458-8404 at least four (4) working days prior to the scheduled event.
All Planning Commission meetings are audio taped, for information on obtaining a copy please
call the Community Development Department at (360) 458-3835
**MONDAY, SEPTEMBER 3, 2001 HOLIDAY - MEETING CANCELLED**
NEXT REGULAR MEETING, MONDAY, SEPTEMBER 17,2001 4.00 P.M.
o
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c
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
PUBLIC NOTICE
MEETING CANCELED
The regular Planmng CommIsSIOn meeting scheduled for Monday, August 6,2001 has been
cancelled. The next scheduled Planmng CommIsSIOn meetmg will be Monday, August 20,2001
If there are any questions, please call the Commumty Development Department at 360-458-3835
a" yJvtjVJtCL
~nes P Bennick
City Clerk/Treasurer
DO NOT PUBLISH BELOW THIS LINE
Mailed to Plannmg CommISSIOn maIlmg lIst, Tuesday, July 31, 2001
Posted m publIc areas, Tuesday, July 31, 2001
o
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YELM PLANNING COMMISSION MINUTES
JULY 16, 2001, 4 00 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
The meeting was called to order at 4 00 P m Tom Gorman
Members present: Tom Gorman, John Thomson, Margaret Clapp, Glenn
Blando, Ray Kent, Joe Baker, Roberta Longmire, and Don Carney
Staff. Cathie Carlson, Tami Merriman, and Shelly Badger
Members absent: EJ Curry, and Council Liaison Glen Cunningham
Approval of Minutes:
01-22 MOTION BY RAY KENT, SECONDED BY DON CARNEY, TO
APPROVE THE MINUTES OF JUNE 18,2001. MOTION CARRIED.
Public Communications None
ACTION ITEM. Willow Glen Subdivision - SUB-01-8285-YL
Applicant: Yelm Property Development, L.L.C
Location: Middle Road
Ms. Carlson gave a brief staff report, outlining the project. Ms. Carlson
stated that everything was in order The applicant will pay all review fees
prior to presentation to City Council The applicant has provided an
assigned savings for completion of landscaping Ms. Carlson brought to
the attention of the Commission a request by the applicant to use the
existing manufactured home on-site as a sales office The letter requests
that the applicant defer the removal of the manufactured home, and
abandonment of existing septic tank, until such time as the subdivision
becomes built out. The existing home is situated over two lots No
building permits will be issued for these lots until the home is removed,
and all underground septic tanks are abandoned
01-23
MOTION BY MARGARET CLAPP, SECONDED BY GLEN BLANDO TO
FORWARD THE PROJECTL TO CITY COUNCIL WITH THE
RECOMMENDATION FOR APPROVAL AS CONDITIONED IN THE
STAFF REPORT. MOTION CARRIED.
WORK SESSION ITEM. STAFF UPDATE - RESEARCH PERTAINING
TO ADULT ENTERTAINMENT ORDINANCES.
At the June18, 2001 Planning Commission meeting, the Commission
moved to recommend City Council approval of a proposed ordinance
related to adult entertainment. The Commission also directed staff to
perform further research on ordinances from Spokane, WA, and
Cincinnati, OH, with the expectation to amend the ordinance at a future
date
Yelm Planning Commission
July 16, 2001
C:\Community Development\Planning Commission\Minutes and Agendas\Pc 2001.min\07 16.01min.doc
Page 1
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Ms. Badqer presented the Commission with a staff report comparing the
Yelm ordinance with the Spokane and Cincinnati ordinances After a brief
discussion, the Commission and staff went over the table presented in the
report and suggested changes to the Yelm Ordinance Most of the
changes reflected the stronger Spokane and Cincinnati ordinances
Changes to the Yelm Ordinance include
Entertainment Facility License Requirements. Add Spokane
language .
Entertainer License Requirements Add Spokane language
Standards of Conduct: Add Spokane language
Hours of Operation Change to 10 00 AM to 12 30 AM
Tips/Gratuity: Add Spokane language
Additional Requirements. Add Spokane language
Manaqement Responsibilities. Add Spokane language
Premise Specifications. Add Spokane language
Inspections. Add Spokane language
Inspections. Add Spokane language
Fees. Leave as written in Yelm Ordinance
Location Allowed Leave as written in Yelm Ordinance
Distance from Sensitive Land Uses. Leave as written in Yelm
Ordinance
Findinqs. Add Cincinnati language
Land Use Approval Process. All Adult entertainment facilities must
receive approval through a Special Use Permit Approval
Ms. Carlson distributed to the Commission, the date for the rescheduled
land use training session It will be held on September 26, 2001
Ms. Carlson informed the Commission that the Appeal of the Planning
Commission decision regarding the apartment complex behind Safeway
was heard by City Council Council upheld the Planning Commission
approval
01-24
MOTION BY MARGARET CLAPP AND SECONDED BY JOHN
THOMSON TO ADJOURN THE MEETING. MOTION CARRIED.
Meeting adjourned at 5 30 P m
Respectfully submitted,
Tom Gorman, Chair
Date
Yelm Planning Commission
July 16, 2001
C:\Community Development\Planning Commission\Minutes and Agendas\Pc 2001.min\07.16.01min.doc
Page 2
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.,
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
Date July 10, 2001
To Planning Commission
From Cathie Carlson, Community Development Director
Re Final Plat for Willow Glen (formerly Middle Road Plat) SUB-01-8285-YL
BackQround
The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project
on July 26, 2000 The project has been under construction for the last year and the applicant filed a
completed application for final plat on June 6, 2001
Applicant: Yelm Property Development, LLC
Proposal 22 Lot, Single Family Final Plat Approval for Willow Glen Subdivision
Location The project site is located on the north side of Middle Road just east of the Prairie Creek
Subdivision
Planning Commission Action
The Planning Commission is required to review the Final Plat for compliance with the conditions of
approval placed on the preliminary plat. After the Planning Commission has reviewed the final plat
and is satisfied that all conditions have been met the Planning Commission shall forward the plat to
the City Council for review and approval
Staff Recommendation
Staff recommends the Planning Commissior.J forward the final plat to the City Council for approval,
provided
1 All engineering and surveying fees for the final plat review are paid prior to City Council
review
2 The applicant provides the City with an executed Assigned Savings Account
Agreement The assigned savings account is required to complete requirements as
discussed in No 20 below
3
The Planning Commission approves the request by the applicant to retain the
manufactured home on-site as a sales office Upon removal of the manufactured
home the on-site sewerage system would be abandoned per Thurston County
Standards Please see attached request from the applicant, dated June 25, 2001, and
condition of approval #3 below
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Original Conditions of Approval
Sewer
1 The proponent shall connect to the City's STEP sewer system A 6" PVC collector line will be
required across the frontage on Middle Road The connection point will be at the property
boundary to the Prairie Creek Subdivision
Completed
Sewer ERU's (equivalent residential units) are based on discharge of 240 gallons per day and
are currently charged at a rate of $4,850 per ERU, as well as an inspection fee of
$145 OO/ERU STEP on-site collector tanks and pumps are to be installed by the owner,
which are then transferred to the City for operation and maintenance
The applicant purchased and transferred 22 sewer connections from a parcel
within the West Road LID Boundary to the project site, per Ordinance No. 727
The applicant has completed an application to segregate those 22 assessments
to one assessment per new lot. Payment of the sewer connection fee will be as
fo"ows: each lot will have an assessment of $1823.15 payable over 14 years and
a connection fee at time of building permit of $2480 00.
Public Finance, Inc., administrators of the LID have completed the paper work
and resolution necessary for the transfer The City Council will need to approve
and adopt the resolution concurrently with the Final Plat.
o 2.
The property is subject to a latecomer's agreement between the City of Yelm and Springfield
Development Company, Inc., dated November 28, 1994, for a sewer main extension The
applicant shall pay the latecomer in the amount of $2,70420 prior to final plat approval
Completed.
3 The on-site septic system and drainfield shall be abandoned to Thurston County Health
Department standards
The applicant has requested to continue using the manufactured home on site
as a sales office until such time homes are constructed on lots 21 and 22. At
that time the sewerage system would be abandoned and the manufactured home
removed. Please see attached letter from the applicant.
Water
4 The Proponent shall connect to the City's water system A 10" PVC water line extension will
be required along across the property frontage on Middle Road The connection point will be
at the property boundary to the Prairie Creek Subdivision This connection is at the cost of the
developer, however, a latecomer's agreement could be formed to recapture a portion of the
initial cost of connecting to the water system
Completed
o Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per
Page 2 of 5
"
day and are currently charged at a rate of $1 ,OOO/ERU (subject to change) inside city limits
o This fee is payable at time of building permit issuance
To be completed with the construction of individual homes.
5 The applicant shall abandon the on-site well in accordance with the Department of Ecology
standards
Completed.
6 If a valid (by Department of Ecology standards) water rights exists for the site, the City is
interested in a transfer of those rights to the municipal water system Details on the amount of
water rights that are eligible to transfer and the value of those to be determined
No water rights existed for the site.
7 The property is subject to a latecomer's agreement between the City of Yelm and Springfield
Development Company, Inc., dated November 28, 1994, for a water main extension The
applicant shall pay the latecomer in the amount of $2,163 00 prior to final plat approval
Completed.
8
All open space areas and planting strips shall have an irrigation system with a separate water
meter(s) The applicant shall submit final civil plans to the Community Development
Department for review and approval
c
Completed. Per the City code, the applicant chose the option of providing water
via hose spigots from each house.
Stormwater
9 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 The applicant shall compile a final storm water report along
with construction drawings.
Completed
10 The applicant shall submit a storm water operation and maintenance plan to the Public Works
Department for approval prior to final plat approval
Completed.
11 The stormwater system shall be held in common by the Homeowners The Homeowners
Agreement shall include provisions for the assessment of fees against individual lots for the
maintenance and repair of the stormwater facilities
Completed
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Transportation
12 The street design for the project is a local access residential and shall be included on civil
plans The applicant shall submit final civil plans to the Community Development Department
Page 3 of 5
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for review and approval
Completed.
13
The applicant shall be responsible for half-street improvements along the frontage of Middle
Road The frontage improvements include lane improvements, curb, planter strip, sidewalk,
landscape and storm drainage The Middle Road street section is "neighborhood collector" A
"waiver of protest" may be signed deferring these improvements until Phase II
The applicant has submitted a waiver of protest to defer these improvements
14 Welch Street shall be shown on the face of the plat as a future street connection to the
adjacent property to the north and south
Completed
Fire
15 The applicant shall submit fire flow calculations for existing hydrants All hydrants must meet
minimum City standards
Completed.
16
The applicant shall submit a fire hydrant plan to the Community Development Department for
review and approval
Completed.
Lot Setbacks
17 The applicant shall submit a plat map with building envelopes to ensure all setbacks can be
obtained
Completed
Open Space
18 Applicant shall provide a minimum of 26 of an acre of open space on site or pay a fee in lieu
of as provided by Chapter 14 14
The applicant has paid a fee in lieu of providing open space for $6,259.33.
19 The applicant shall submit a final improvement plan for the open space The plan shall
demonstrate compliance with Chapter 14 14 050
Not required.
Landscapinq
20 The applicant shall submit a final landscaping plan to include the perimeter of the project site,
planter strips, open space and stormwater facilities
The applicant made the improvements per the approved plan, however a number
of the street trees have not survived The applicant will be replacing 13
Thundercloud Plums and one Upright Hornbeam Because of the time of year
Page 4 of 5
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staff is recommending the applicant execute an assigned savings to cover 1 %
the cost of the replacement trees and to hydroseed the stormwater facilities.
Re-planting and hyrdroseeding will be done in the fall.
Environmental
21 The applicant shall comply with the mitigation of the MONS issued on June 16, 2000
Mitigation includes
a. The applicant shall mitigate transportation impacts based on the new p m peak hour
trips generated by the project. The Transportation Facility Charge (TFC) shall be
based on 1 01 P m peak hour trips per residential unit. The proponent will be
responsible for a TFC of $757 50 per unit which is payable at time of building permit.
Fee is payable at time of building permit issuance.
b The proponent shall enter into an agreement with the Yelm School District to mitigate
project impacts to the school district.
The agreement has been executed and recorded. The actual fees are
collected at time of building permit issuance.
Subdivision Name and Property Addresses
22 The applicant shall submit a subdivision name The City will forward the name to the Thurston
County Records Department for approval
Completed.
23
Prior to the submission final plat application, the applicant will provide the Building Department
with a plat map for addressing
Completed
Legal Lot Status
24 The applicant shall complete a Boundary Line Adjustment amending property lines so that the
project site is a single legal parcel
Completed.
General Public Works
25 Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be
required
Completed
26 The applicant shall submit a grading plan to the Community Development Department for
review and approval prior to anyon-site grading
Completed
Page 5 of 5
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June 25, 2001
Ms. Catlue Carlson, DIrector
Commuruty Development
CIty of Yelm
POBox 479
Yelm, W A 98587
SUBJECT: Temporary Office at Willow Glenn
Dear CathIe
As per our conversatIOn last week regardmg the use of the mobIle home on the Willow
Glenn SubdIvIsIOn sIte, I am requestmg that we be allowed to contmue usmg the mobIle
as our office dunng the tlme we are bUIldmg homes on the lots.
o
As you know, two of the subdIvIsIOn reqUIrements were the abandonment of the septlc
system and removal of the mobIle home We mtend to do Just that as soon as we have
completed the constructIOn of the houses on our lots We wIll bUIld homes on lots 21 and
22 last, as the mobIle currently occupIes area on both lots (see attached plat map)
We understand that no bUIldmg permIts WIll be Issued for lots 21 and 22 untll we move
the mobIle and properly abandon the septIc system (as per code)
If you have any questIOns or comments, please call me anytlme at the office (458-0544)
or on my cell at (206) 459-0415
Thank you for your attentIOn m thIS matter
Smcerely,
to /J\. aaJ~--<l(~'
Denny BalascIO, Manager
Yelm Property Development, LLC
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5016 LaceY BOl,llevardSE, Lacey, washington 9850
(360) 491-3399 (800) 454-7545 fax (3130) 491-385
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105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
City ofYelm
YELM
WASHINGTON
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, JULY 16, 2001, 4 00 P.M.
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W
Call to Order, Roll Call, Approval of Minutes -
June 18, 2001 minutes enclosed
2 Public Communications
(Not associated with measures or topics for which public hearings have been held or for
which are anticipated)
3 Action Item - Willow Glen Subdivision - SUB-01-8285-YL
Applicant. Yelm Property Development, L.L.C
Location. Middle Road
Staff Report Enclosed.
4
Worksession Item - Comparison of Yelm Adult Entertainment Business Ordinance
with Cities of Spokane & Cincinnati
Shelly Badger, City Administrator
Staff Report Enclosed.
5 Other'
6 Adjourn -
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with
disabilities If you are a person with a disability in need of accommodations to conduct
business or to participate in government processes or activities, please contact Agnes Bennick,
at 360-458-8404 at least four (4) working days prior to the scheduled event.
All Planning Commission meetings are audio taped, for information on obtaining a copy please
call the Community Development Department at (360) 458-3835
**MONDAY, AUGUST 6,2001 MEETING CANCELLED**
NEXT REGULAR MEETING, MONDAY, AUGUST 20,2001 4:00 P.M.
CJ
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105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
City ofYelm
PUBLIC NOTICE
MEETING CANCELED
The regular Planmng CommIsSIOn meeting scheduled for Monday, July 2, 2001 has been
cancelled due to lack of busmess. The next scheduled Plannmg CommIssion meeting wIll be
Monday, July 16, 2001 If there are any questIOns, please call the Commumty Development
Department at 360-458-3835
/
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-(f/J'<./ .. 0vC>)rA1..tLd-
Agnes P Bennick
CIty Clerk/Treasurer
DO NOT PUBLISH BELOW THIS LINE
PublIshed m the Nisqually Valley News, Friday, June 29, 2001
Mailed to Planmng CommIsSIOn mailmg lIst, Tuesday, June 26, 2001
Posted m publIc areas, Tuesday, June 26, 2001
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105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
CANCELLATION
NOTICE
The July 2. 2001 Planning Commission meeting has been CANCELLED The next
meeting of the Yelm Planning Commission will be held in Council Chambers at Yelm City
Hall, 105 Yelm Ave W , on
Monday. July 16. 2001. at 4:00 pm.
If there are any questions concerning this change, please call the Community Development
Department at (360) 458-3835
ATTEST
/} \/)/1
~(/Xu ,7 \OJ;.1;!Jtd~i-
Agnes Bennick
City ClerkfTreasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Tuesday, June 26, 2001
Published in the Nisqually Valley News Friday, June 29, 2001
Mailed to the Planning Commission mailing list: Tuesday, June 26, 2001
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Motion No.
01-17
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YELM PLANNING COMMISSION MINUTES
JUNE 18, 2001, 400 P m
YELM CITY HALL COUNCIL CHAMBERS
The meeting was called to order at 4 00 P m by E J Curry
Members present. EJ Curry, Ray Kent, Joe Baker, Roberta Longmire, and
Don Carney
Staff' Cathie Carlson, Tami Merriman, and Shelly Badger
Members absent: Tom Gorman, John Thomson, Margaret Clapp, Glenn
Blando, and Council Liaison Glen Cunningham
Approval of Minutes:
MOTION BY ROBERTA LONGMIRE, SECONDED BY JOE BAKER, TO
APPROVE THE MINUTES OF MAY 21,2001. MOTION CARRIED
Public Communications None
PUBLIC HEARING: Yelm Creek Comprehensive Flood Hazard
Management Plan.
Applicant: City of Yelm
Location: City wide
Ms. Curry opened the Public Hearing at 401 pm Ms. Curry asked if any
Commission member had a conflict of interest. There was none
Ms. Curry asked if any member of the audience objected to any Commission
member participating in this hearing There was none
Ms. Curry asked if any member had received information on this item prior
to the hearing None had
Ms. Curry asked Ms. Carlson to provide a staff report.
Ms. Carlson distributed a letter received from the Department of Ecology
commenting on the plan, and stated that those comments would be
incorporated into the plan Ms. Carlson explained that the plan was created
to implement plans, projects, goals, and policies to help manage the flood
area surrounding Yelm Creek Plans would include such projects as
reestablishing the original creek bed, and natural meandering curves
Another project that will be implemented would be to remove the old storm
drain outfall at First Street. This outfall distributes silt into the creek,
destroying the natural creek bed
Ms. Curry asked if there were any audience comments There were none
Ms. Curry asked if any Commission members had any comments
Mr. Carney asked about the impact to property owners, if the creek location
was changed by reestablishing the natural meandering curves
Ms. Carlson responded that reestablishing the natural meandering curves
would not affect the flood zone surrounding the creek, which is what effects
the surrounding property owners
Ms. Longmire stated that Morris Road was misspelled in the document.
Ms. Curry closed the public hearing at 4 15 P m
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01-18
MOTION BY RAY KENT, SECONDED BY JOE BAKER TO FORWARD
THE PLAN TO CITY COUNCIL WITH THE RECOMMENDATION FOR
APPROVAL. MOTION CARRIED.
PUBLIC HEARING: Amendment to Yelm Municipal Code Title 17,
Zoning, creating a new chapter relating to the regulation of adult
business.
Applicant: City of Yelm
Location: City wide
Ms. Curry opened the Public Hearing at 4 17 pm Ms. Curry asked if any
Commission member had a conflict of interest There was none
Ms. Curry asked if any member of the audience objected to any Commission
member participating in this hearing There was none
Ms. Curry asked if any member had received information on this item prior
to the hearing None had
Ms. Curry asked Ms. Badger to provide a staff report.
Ms. Badger stated that this ordinance reflects changes to both YMC Chapter
17, Zoning, and YMC Chapter 5, Business Licensing
Ms. Badger informed the Commission that at this time, the City of Yelm does 0
not have any regulations relating to adult businesses Not having any
regulations regarding this type of business, allows the placement any where
in the commercial and industrial zoned portions of the City The City placed
a moratorium on the placement of adult businesses within the City The
moratorium expires in June 2001 The proposed ordinance places adult
businesses in to 2 categories, and allows siting only in the C-2 Heavy
Commercial, and Industrial districts The ordinance states that those
businesses in a Category 1 must be located no closer than 330 feet from any
sensitive land uses, such as Schools, Parks, Daycare Centers, and
Churches Category 2 businesses must be placed 660 feet from those
sensitive land uses The ordinance places substantial fees and licensing
requirements for both the business, and employees of certain adult
businesses
Ms. Curry called for public comment
All public testimony was in opposition of allowing adult entertainment
businesses in the City of Yelm A brief synopsis of the testimony given is
listed,
It The City of Yelm is a wholesome, good, and family oriented community
· Pornography of any kind would degrade the community
· Nothing positive would result in allowing these types of businesses
· Concern of guarding the children from this type of influence 0
o This type of business is offensive
Yelm Planning Commission
June 18, 2001
C \Community Development\Planning Commission\Minutes and Agendas\pc 2001 min\06 18 01min wpd Page 2
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· Why is it even being considered?
· Make the restriction so strong, that it makes it unfeasible for the business
to locate in Yelm
· We can keep cell towers from coming here, without proof of ill effects, we
restrict prisons, landfill's, and property owners Every serial murderer,
sex offender, and child molesters are linked to pornography, and here we
are opening the doors to allow this kind of thing to come to Yelm
· This will taint our community
· We will do everything in our power to fight this
CI Please review the City of Spokane, W A, and the City of Cincinnati, OH
ordinances regarding adult business They are very strong
· Community support in opposing any adult entertainment business
o
The following is a list of persons who testified
Ms. Deborah Deshaies, 8632 Thuja Ave., Yelm, WA
Deena Watson, 400 Reflection Lane, Rainier, WA
Gary Duda, 14215 148th Ave. SE, Yelm, WA
Rex Niblack, 18411 Britchen St., Yelm, WA
Toby & Joy Ridell, 17723 Cook Road SE, Yelm, WA
Rick Forcier, 6400 E Sarison St. SE, Olympia, WA
Andrea Kellems, 13141 Moes Road, Rainier, WA
Raymond Silva, 410A Reflection Lane, Rainier, WA
Roger ?May? 13726148th Ave SE, Yelm, WA
Mark & Barbara Tietjen, P.O. Box 208, Rainier, WA
Grace Studa, 14215 148th Ave. SE, Yelm, WA
Zeke Rudik, 14215148th Ave. SE, Yelm, WA
Dorie Laird, 8510 Pepperidge Lane, Yelm, WA
Davina Travino, 13141 Moes Road, Rainier, WA
Ms. Curry closed the hearing at 4 50 pm, and called for Commission
discussion
Ms. Longmire asked Ms. Badger if she had obtained a copy of the
ordinances from either Spokane, or Cincinnati in her research
Ms. Badger responded that she did not have those ordinances, but had
several sample ordinances from more local surrounding municipalities
Ms. Longmire inquired if the 330 feet, and 660 feet setback requirements
came from those ordinances
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Ms. Badger stated that the proposed setbacks are the same as the City of
Lacey The setback requirements had to be scaled to our City size The
Supreme Court has ruled that if you make the setbacks so large that siting
the facility is impossible, that is in effect a ban, which is prohibited
Ms. Badger stated to the Commission and the public that the reason this
ordinance is coming before the Council, and why the moratorium was placed,
is because, in the absence of any regulation, the door is open for this type
of business to be sited anywhere in our commercial districts We currently
Yelm Planning Commission
June 18, 2001
C \Community Development\Planning Commission\Minutes and Agendas\Pc 2001 min\06 18 01min wpd Page 3
do not have any applications pending, and there is no pressure by anyone
to site an adult business in Yelm
Mr. Carney asked if we could place all adult entertainment businesses into
one category, with the more stringent siting and permit requirements placed
on all proposed businesses
o
Ms. Badger responded that it could be an option the Commission could
consider
Mr. Baker asked if we could make a motion to table this item until such time
as a permit application is received
Ms. Curry responded that the moratorium expires on June 20
Mr. Kent asked if we could extend the moratorium to allow more time for
research
Ms. Badger responded that state law only allows for the moratorium to be in
effect for one year Ms. Badger stated that a possible option would be to get
the proposed ordinance in place so that we are somewhat protected, while
staff provides further research Ordinances can be amended at a later date
Mr. Carney asked if the Commission could recommend placing the strongest
restrictions on all types of adult businesses, and amend it to lesser
restrictions at a later date if needed?
o
Ms. Carlson stated that it could be done that way
The Commission and staff discussed the administrative process of Site Plan
Review, and Special Use application review
Mr. Kent stated that he does not want to make the restrictions so strong as
to make possible legal battles challenging our restrictions In other words,
I don't want to weaken our ordinance by making the restrictions too strong
01-19
MOTION BY RAY KENT TO FORWARD THE ORDINANCE TO CITY
COUNCIL FOR APPROV ALAS WRITTEN. THE MOTION WAS AMENDED
BY RAY KENT TO INCLUDE DIRECTION TO STAFF TO PROVIDE
FURTHER RESEARCH ON THE ORDINANCES FROM SPOKANE AND
CINCINNATI, WITH THE EXPECTATION TOAMENDTHE ORDINANCE AT
A LATER DATE. THE MOTION WAS SECONDED BY ROBERTA
LONGMIRE. ALL MEMBERS WERE IN FAVOR, THE MOTION CARRIED.
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Yelm Planning Commission
June 18, 2001
C \Community Development\Planning Commission\Minutes and Agendas\pc 2001 min\06 18 01min wpd Page 4
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PUBLIC HEARING: Amendmenttothe CityofYelm 1997 Comprehensive
Transportation Plan and Transportation Component of the 1995
Comprehensive Plan & Joint Plan with Thurston County.
Appl icant. City of Yelm
Location: City wide
Ms. Curry opened the Public Hearing at 5 10 P m
Ms. Curry asked if any Commission member had a conflict of interest. There
was none
Ms. Curry asked if any member of the audience objected to any Commission
member participating in this hearing There was none
Ms. Curry asked if any member had received information on this item prior
to the hearing None had
Ms. Curry asked Ms. Carlson to provide a staff report
Ms. Carlson distributed to the Commission 2 replacement pages to the draft
amendment, page 7 and page 16 The change on Page 7 was the removal
of the statement that the City of Yelm has listed Highways of Statewide
Significance The change on Page 16, text was removed stating that
Highway 510 and 507 were classified as Highways of Statewide Significance
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Ms. Carlson stated that the amendment includes the adoption of the Y2-Y3
plan, incorporates the Level of Service language mandated by WSDOT, and
also adds goals and policies regarding the Yelm-Roy Prairie Railroad lines
Ms. Curry called for public testimony There was none
Ms. Curry called for Commission discussion There was none
01-20
MOTION BY DON CARNEY, SECONDED BY RAY KENT TO FORWARD
THEAMENDMENTTO CITYCOUNCIL FOR APPROVAL. ALL MEMBERS
WERE IN FAVOR, THE MOTION CARRIED
Ms. Carlson introduced Mr. Jim Gibson, the Development Services Engineer
for the City
Mr. Gibson informed the Commission that he researched the fire flow
calculations for the 48 unit apartment complex proposal as requested by the
Commission on May 21,2001
Mr. Gibson found that the fire flow calculations are more than adequate for
the project, and should not effect the surrounding property owners The
proposal will actually use less water than if 48 single family homes were
constructed in that area.
Ms. Longmire expressed her displeasure with how the apartment unit
proposal was presented to the Commission on May 21 st
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Yelm Planning Commission
June 18, 2001
C \Community Development\Planning Commission\Minutes and Agendas\Pc 2001 min\06 18 01min wpd Page 5
Mr. Dan Sokol, from the Department of Ecology addressed the Commission
regarding the Yelm Creek Flood Hazard Management Plan Mr. Sokol
commended City staff for the excellent plan, which meets all of DOE 0
requirements
Ms. Carlson reminded the Commission of the Joint Planning Commission
meeting on June 19th
01-21
MOTION MADE AND SECONDED TO ADJOURN THE MEETING.
MOTION CARRIED.
Meeting adjourned at 5 45 P m
Respectfully submitted,
Tami Merriman, Planning Technician
EJ Curry, Acting Chair
Date
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Yelm Planning Commission
June 18, 2001
C \Community Development\Planning Commission\Minutes and Agendas\Pc 2001 min\06 18 Olmin wpd Page 6
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City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Date June 11, 2001
To Yelm Planning Commission
From Cathie Carlson, Community Development Director
Subject Yelm Creek Comprehensive Flood Hazard Management Plan (CFHMP)
Exhibits
Exhibit I - Public Hearing Notice
Exhibit II - Determination of NonSignificance
A. Public Hearinq Obiective
The Planning Commission must determine if the proposed amendment is consistent with
the City of Yelm's Comprehensive Plan and applicable 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.
Background
Increases and changes to flooding patterns along Yelm Creek, in particular during
February, 1996 and January 1997, indicated the need for Yelm to document and
understand what was happening along the creek and develop long term strategies to
manage flooding along the Yelm Creek corridor
o
The City received two grants as a result of the flooding One grant was used to delineate
the 100 year floodplain which resulted in a larger floodplain than previously identified and a
revision to the Federal Emergency Management Flood Insurance Rate Map The second
grant, from the Department of Ecology, was used to develop the Yelm Creek
Comprehensive Flood Hazard Management Plan
The City contracted with Tetra Tec19/KCM, Inc to help develop the CFHMP An advisory
committee, represented by property owners along the creek and public and private
organizations and agencies was established The advisory committee work closely with
Tetra Tech/KCM staff developing goals and objectives for the plan, identifying problems
and developing recommended actions, while the US, Natural Resources Conservation
Service (NRCS) collected scientific data and conducted a Yelm Creek inventory and study
As a result of 1 % years of work, the draft CFHMP was completed and distributed for public
review and comment on May 14, 2001
c.
Plan Summary
The CFHMP is a systematic process to identify and prioritize areas and property
susceptible to flood damages, select alternatives to solve identified flood problems, and
implement solutions The CFHMP establishes guidelines for flood hazard planning in the
Yelm Creek drainage basin within the City of Yelm's urban growth boundary
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Chapter 2 describes Yelm Creek's basin characteristics and current environmental
conditions in the Yelm Creek corridor
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· Chapter 3 documents flooding characteristics and historical events along Yelm
Creek that flooded or threatened to flood the Yelm area.
· Chapter 4 provides specific details about previous investigations regarding flooding
and flood hazard management in the Yelm area. This chapter focuses on
previously proposed flood management projects and alternatives, since many of
these remain viable
· Chapter 5 gives an overview of state, federal, and local regulatory requirements that
relate to flood hazard management, surface water management, water quality,
open space and wetlands protection in the study area. Recommended
modifications to the City of Yelm's regulatory requirements are provided in this
chapter
· Chapter 6 summarizes existing flood problems in the study area, including common
flooding patterns and damage areas
· Chapter 7 describes alternative solutions to the identified flooding problems and
discusses the process used to select recommended actions This chapter outlines
the general types of alternatives commonly used in floodplain management and
classifies them as structural or nonstructural
..
Structural measures include activities in or near the creek such as
excavation, placement of bank protection materials, and other engineering
and construction activities
o
.. Nonstructural measures include drainage and land use regulations, public
education and maintenance programs
Each of the alternatives were evaluated by key advantages and potential
disadvantages which provided the framework for developing Chapter 9, Action Plan
This step was very important in determining realistic implementing floodplain
management activities with.the ultimate goal of achieving long term success
· Chapter 8 summaries existing and potential sources of funding for flood hazard
management projects
· Chapter 9 describes the recommended action plan that was developed with
assistance from the Advisory Committee and City staff and lists the key
components and priority of each of the recommended actions The Action Plan is
an array of prioritized activities including capital improvement projects, regulatory
measures, planning and public education
.. High Priority Capital Improvement Projects include
'..
Floodproofing or retrofitting existing structures
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Page 2 of 4
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Develop a solution to the WSDOT stormwater outfall just east of First
St.
"... Constructing a new creek channel east of the existing channel
betvveen 1 OSrd Ave and First St. with meanders and instream habitat
features, such as woody debris, to mimic the natural characteristics
of the creek
,,-+ Remove riprap weirs at pipeline crossing to the northwest of First St.
,,-+ Create a continuous vegetated buffer along the creek
,,-+ Remove existing fences across the creek.
~ High Priority Regulatory Measures include
"... Develop and implement regulations in the City's stormwater
management program to limit future discharges of pollutants and
stormwater in Yelm Creek
,,-+ Amend the City's Critical Areas Ordinance to incorporate best
available science for the protection of critical areas
"...
Codify the City's Transfer of Development Density Policy which
allows higher density development in the portion of a property
outside the designated 1 OO-year floodplain.
o
".. Enforce the City's Flood Damage Prevention Ordinance where fill,
encroachments, new construction, substantial improvements, and
other development in violation of the ordinance are found
~ High Priority Planning, Data Collection and Mapping include
"... Maintain a floodplain information database in coordination with
Thurston County GeoData Center
.... Evaluate the City's stormwater management and maintenance
program for its adequacy in addressing the City's future needs
~ High Priority Public Education includes
'... Develop outreach programs to increase public awareness of flood
hazards These activities can tie in topics such as protecting natural
resources in the community and gaining public support for capital
improvement projects
.,...
Create a Flood Protection Resource Library and establish an area In
the public library where all information on flood protection can be
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Page 3 of 4
accessed by the general public
"...
Promote floodplain preservation by providing information on the
Open Space Taxation Act, conservation easements and the City's
policies on the transfer of development rights
The CFHMP is a tool for planning and implementing floodplain management activities over
the next several years However, it is important that the plan be updated periodically to
account for actions that have been completed, changes in local conditions and/or priorities
and changes needed due to State and Federal regulations
D. Staff Recommendation
Staff recommends the Planning Commission forward the Yelm Creek Flood Hazard
Management Plan as presented to the City Council for approval
Page 4 of 4
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Exhibit 1- Public Hearing Notice
City of Yelm
()
Yelm Creek Plan
June 11, 2001
NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
DATE.
PLACE
PURPOSE'
Monday, June 18,2001,400 p.m.
Council Chambers, City Hall, 105 Yelm Ave W l Yelm WA
Public Hearing to receive comments on the Yelm Creek Comprehensive
Flood Hazard Management Plan Draft Report
APPLICANT City of Yefm
PROJECT LOCATION Yelm Creek and its Adjacent Shorelines
The Yelm Planning Commission will hold a public hearing to receive comments on the Yelm
Creek Comprehensive Flood Hazard Management Plan Draft Report. The Plan includes an
inventory and analysis of the Yelm Creek Watershed, identification of regulatory requirements,
identification of the problems, evaluation of alternatives, a discussion of possible actions, both
regulatory and physical, and funding sources.
(J
Testimony may be given at the hearing or through any written comments on the
proposal, and must be received by the close of the public hearing on June 18, 2001.
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 Draft Report is available for public review during normal business hours at the City of Yelm,
105 Yelm Ave W , Yelm WA. For additional information, please contact the Community
Development Department at (360) 458-3835
The Yelm City Council will receive the Planning Commission's recommendation regarding the
Draft Report, and will review and take action on the plan at the regularly scheduled City Council
meeting on July 11, 2001
The City of Yelm provides reasonable accommodations to persons with disabilities. If you need
special accommodations to attend or participate, please call the City Clerk, Agnes Bennick, at
(360) 458-8404, at least 72 hours before the meeting
ATTEST
City of Yelm
...
/
/
Agnes Bennick, City Clerk
DO NO I PUBLISH BELOW I HIS L1~JE
Published in the Nisquady Vailey News Fricay June 3 2001
Posted in ?ubiic t..reas. Wednescay, June 6, 2001
Meded ,0 Acjacent Pror.::erty O\mers Wednesdaj June 6 2001
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Exhibit 11- Determination of NonSignificance
City of Yelm
Yelm Creek Plan
June 11 2001
c)
SEP A NO' 8282
DETERMINATION OF NONSIGNIFICANCE
Proponent:
City of Yelm
Description of Proposal:
Yelm Creek Comprehensive Flood Hazard Management Plan.
Location of the Proposal:
City wide.
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 43.21 C.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/Mitigating Measures:
None
Lead agency'
Responsible Official:
City of Yelm
Shelly Badger, City Administrator
Date of Issue
Comment Deadline:
June 5, 2001
5:00 p.m., June 18, 2001
()
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(tt ,1 Il r I: )u d~>~
Shelly BadQe~, City Admin.i~trator
, .
This Determination of NonSignificance is issued pursuant to Washington Administrative Code 197-11-340(2)
Comments must be submitted to Catherine Carlson, Community Development Director, at City ofYelm, 105 Yelm
Ave. W , POBox 479, Yelm, WA 98597, by 5:00 p.m., June 18,2001 The City of Yelm will not act on this
proposal prior to 5:00 p.m., June 25, 2001
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., June 25, 2001 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 (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 Titie (16), and the Shoreline Master Program
DO NOT PUBLISH BELOW THIS LINE
Published' Nisqually Valley News Friday, June 8, 2001
Posted in public areas. June 5 2001
Copies to All agencies/citizens on SEPA mailing list, June 5, 2001 Dept. of Ecology wlchecklist. June 5, 2001
(
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Date June 12~ 2001
To' Yelm Planning Commission
From: Shelly Badger~ City Administrator
Re Amendments to Chapter 17~ Zoning and Chapter 5~ Business Licensing and
Regulation relating to the location~ acceptance of applications for and issuance of any
permit~ license or approval for adult entertainment businesses (AEBs).
LIST OF EXHIBITS:
Exhibit I - Ordinance No. 736~ proposed ordinance amendment
to Yelm Municipal Code, Chapter 17, Zoning
Exhibit II - Ordinance No. 737, proposed ordinance amendment
to Yelm Municipal Code~ Chapter 5, Business Licensing and
Regulation
Exhibit III - Public Hearing Notice
Exhibit IV - SEP A Determination of N onsignificance
A. Public Hearing Objective:
The Plannmg CommIssIon must detennme If the proposed amendment IS consIstent WIth the CIty
of Y elm's ComprehensIve Plan and applIcable MUTIlclpal Code(s) After consIderatIon of the facts
and publIc testImony the Plannlllg CommISSIOn must take one of the followlllg actIOns (1) request
addltlonallllfonnatIOn from staft; (2) contlllue the publIc heanng; or (3) make a recommendatIOn
of actIOn to the CIty CouncIl
B. Proposal. .
Amendments to Chapter 17, Zonmg, govellllllg the locatIOn and land use approval process for
Sltlllg adult entel1amment bus1I1esses (AEBs) and amendments to Chapter 5, Busllless Llcenslllg
and RegulatIon. provldlllg hcenslIlg reqUIrements for adult entel1alllments buslllesses. operators
and entel1alllers
Department Fmdings.
PropOl1ent C It:, of 'r elm
l LocatlOI1 CIt\\\ IdL
~ PUhItl \ntlle and En\1I"(lIl111entc:l1 DL\tcrnlll1c:ItIOI1 '\otlce of the PuhllL HearIng \\a~
J'ubll'-.hcd 1111hc "\1'-qUdl!\ \ alle\ "\C\\" Oil Fnda) JUI1l. S 2(J(J! al1d pO'-.tcclll1 puhllL area"
on Fnday, June 8, 2001 A DetennmatIOn ofNonslgmficance was Issued on June 5 2001 0
wIth the comment penod closmg on June 18,2001
4 Moratonum. A moratonum on the acceptance of apphcatIOns and hcensmg of adult
entertamment busmesses was adopted by the Yelm Cny CouncIl on June 28 2000 and
expIres on June 28 2001 The moratonum dIrected the development of adult entertamment
busmess ordmances and adopted findmgs m support of the moratonum.
5 Preparatlon of Ordmances After studymg the regulatIOns of other commumtles, It was
found that the clearest way to regulate AEBs IS to do so m 2 locatIOns wlthm the Yelm
Mumclpal Code. Zomng, Chapter 17 (Ordmance No 736) deals wIth the locatIOn and
Busmess l1censmg and RegulatIOn, Chapter 5 (Ordmance No 737) establIshes the
hcensmg reqUlrements
Summary of Ordinance No. 736 proposing amendments to Chapter 17~ Zoning,
related to the location of Adult Entertainment Businesses. Adult Entertamment FacIlItIes
are regulated wlthm thIS ordmance m 2 categones (1) Adult bookstores, novelty stores, VIdeo
stores and snmlar adult uses, (2) Adult arcades, massage parlors and lIve entertamment centers
SectIOn 1. I. DefimtlOns related to Ordmance No 736 are prOVIded m Ordmance No 737
(see SectlOl1S 2 1 and 3 1 ofOrdmance No 737)
SectlOn 1.2.1 and 1.3.1 Penmts AEBs fallmg under the defimtlOn of adult bookstore,
novelty store, VIdeo store and other sllnllar adult use m the followmg zones (followmg an
approved SIte plan revIew process)
A. Heavy CommercIal Zone C-2
B Large Lot CommercIal C-3
C Industnal, and
o LIght Industnal
It also states that no AEB In thIS category can locate closer than 330 feet from another AEB
nor from any sensItIve land use ...
...
SectIon 1.2.2 and 1.3.2 Pennlts AEBs fal1m!! under the defimtlon of adult arcade, massage
parlor and adult !lve entertaml11ent faclllty m the followmg zones (fol1ow1l1g a speCIal use
penm t process)
:\ LIght Industrial and
B Industnal
It states that no AEB 111 t!lIS category can locate clo<;er than 060 from another AEB III thIS
category nor closer than 330 from any other AEB descnbed III the category III SectIons
1:2 1 and I 3 I (ao\.)\e) :\lso that no :\EB locate any c10::,e1' than 000 from an) sensltl\C
land use
c,c\..110n 1.~. Spcutic<; '->Clbltl\\.. LlIId u:-,c" thdt the dhtance requirements apply to The;.
ll1LIlllk public ,1l1d prl\ ate '>Lhoo1 propert;. puhll\.. par\...<., publiC 11hrane<; day care faullue<.;
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teen centers, churches, cemetenes and resldentlal zones
SectIon 1.7 Describes a process for \VaIV1l1g the dIstance reqUIrements under certam
cIrcumstances such as when physIcal features would result III an effectIve separatIOn III
tenus of VI sib ill tv and access and abllItv to avOId the facllItv bv alternate vehIcular and
- - ~ ~
pedestnan routes
Summary of Ordinance No. 737 proposing amendments to Chapter 5. Business
Licensing and Regulation. relating to the licensing requirements for businesses.
operators and entertainers. AEBs are dIVIded mto 3 categones (1) Massage parlors and
employees, (2) Adult busmesses whIch mc!ude adult arcades, bookstores, novelty and vIdeo stores,
and (3) Adult lIve entertamment centers and employees.
SectIOn 1. EstablIshes defil11tlOns and descnbes lIcensmg reqUIrements for massage parlors
and employees. ApplIcatIOns come to and are Issued by the CIty Clerk/Treasurer who
dIstributes a copy to the PolIce and Commul11ty Development Departments Withm 30
days of receIpt of an applIcatIOn, the CIty Clerk/Treasurer shall Issue the lIcense unless
adVIsed by the Commul11ty Development Department that the use or proposed use does not
have the applIcable land use approval as per the ZOl11ng code or meet other applIcable land
uselbmldmg code laws or IS adVIsed by the PolIce Department that the owner has been
convIcted for a cnme whIch may reasonably mdlcate a likelIhood of future vIOlatIOn of the
tenus of thIS ordmance l1censmg of employees of massage parlors IS the same as for adult
lIve entel1a1l1ment centers (SectIOn 3 5) Fee for bus1l1ess lIcense applIcatIOn IS establIshed
at $500 00
SectIOn 2. EstablIshes detil1ltlOns and describes hcens1l1g reqUIrements for AEBs 1l1cIudmg
adult arcades, bookstores, novelty and VIdeo stores, mcludmg defil11tlOns of each and the
process The applIcatIOn process IS the same as for massage parlors described above. Fee
for busmess lIcense applIcatIOn IS estabhshed at $500 00
SectIOn 2.4. Speclties the regulatIOns applIcable to VIdeo stores that do not qualIfy as an
"
, adult" VIdeo store ...
SectIon 3. EstablIshes detil1ltlons and descnbes lIcensmg requIrements for adult lIve
entel1all1ment centers and entel1all1ers Busll1ess hcense fee IS establIshed at 5500 00
entertaltler lIcense::, are set at S I 0000
Staff Recommendation
Staff recommends that the Planlllng COI11I11I""IOn tOI\\ t1rCl the proposed ordll1ances WIth an)'
modlticatIollS to the CIt) COUllCll for appro\'al
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Exhibit I - Ordinance No 736
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
-,
CITY OF YELM
ORDINANCE NO. 736
AN ORDINANCE of the CIty ofYelm, Washmgton, regulatmg adult entertamment faCIlItIes
wIthm the CIty of Yelm, Washmgton, and amendmg Chapter 17, Zonmg, m the Yelm
MumcIpal Code.
WHEREAS, the CIty of Yelm has thoughtfully and thoroughly evaluated the regulatIOns
necessary to the sItmg and regulatIOn of adult entertamment busmesses, and
WHEREAS, the CIty ofYelm has determmed that the regulatIOn of the adult entertamment
mdustry IS necessary because, m the absence of such regulatIOn, sIgmficant cnmmal actIvIty has
hIstoncally and regularly occurred. ThIS hIStory of cnmmal actIVIty m the adult entertamment mdustry
has mcluded prostItutIOn, illegal employment of mmors, narcotICS and alcoholIc beverage law
vIOlatIOns, breaches of the peace, tax evaSIOn, and the presence wIthm the mdustry of mdIVIduals WIth
hIdden ownershIp mterest and outstandmg arrest warrants, and
WHEREAS, the prOXImIty between entertamers and patrons dunng adult entertamment
perfonnances can faCIlItate sexual contact, prostItutIOn and related cnmes Concerns about cnme and
pubhc sexual actIVIty are legItImate and compellmg concerns of the CIty of Yelm whIch demand
reasonable regulatIon of adult entertamment establIshments m order to protect the publIc he~lth, safety
and general welfare, and
WHEREAS, It IS not the mtent of thIs ordmance to suppress or censor any expreSSIve actIVItIes
protected by the FIrst Amendment of the Umted States ConstItutIon or ArtIcle 1, SectIOn 5 of the
Washmgton State ConstItutIOn, but rather to enact tIme, place and manner regulatIons whIch address
the compellIng mterests of the CIty m mItIgatmg the secondary effects of adult entertmmnent
establIshments,
- "
NOW, THEREFORE, be It ordamed by the CIty Counctl of the CIty ofYelm, as follows
SectIOn 1.
ADULT ENTERTAINMENT FACILITIES
I 1
DetimtIOns
1 1 1 Those certam tenns used herem whIch are detined m Ord 737, sectIOns 1
2 I and 3 1 shall have the same meamng as set forth m Said sectIOns.
I 1 2 The tenTI "Adult Entertamment FaClhty" shall mclude all adult onented
busmesses mcludmg adult arcades, adult bookstores, adult novelty stores, adult
Cit\ pl' '\ dl11 On! iiI>
cis shell\ ;!ehc"<lITl'sppnd
Page I pff>
Exhibit I - Ordinance No 736
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
vIdeo stores, and sImIlar adult uses, massage parlors and adult lIve
entertaInment facIlIties.
o
1.2 Adult entertaInment faCIlItIes classIfied and permItted.
1.2 1 Adult entertaInment faCIlItIes fallmg under the defimtIOn of adult bookstore,
adult novelty store, adult VIdeo store or SImIlar adult uses shall be penmtted m
specIfic zones and under specIfic standards IdentIfied m SectIOn 1 4 through
a SIte plan reVIew process as reqUIred by Yelm MumcIpal Code Chapter 17 84
1.2.2 Adult arcades, massage parlors and adult lIve entertaInment centers shall be
permItted m certam zones and under condItions IdentIfied under SectIOn 1 4
through a speCIal use permIt process as IdentIfied under Yelm MumcIpal Code
Chapter 17 66
1.3 Adult entertaInment faCIlItIes permItted m certam land use zones sublect to certam
restnctIOns and standards.
1.3 1 Adult entertaInment faCIlItIes fallmg under the defimtIOns of adult bookstores,
adult novelty stores, adult VIdeo stores or other SImIlar adult uses may be
permItted m the followmg zones subject to the standards and reqUIrements of
SectIOn 1 4 and spacmg reqUIrements IdentIfied below. 0
(a) Land use zones penmtted.
1. Heavy CommercIal Zone C-2,
11 Large Lot CommercIal C-3,
11l Industnal, and
IV lIght lndustnal
(b) Spacmg and buffenng reqUIrements
...
No such adult entertamment faCIlIty shall be located closer
than three hundred thIrty feet from another adult enteI1amment
faCIlIty, whether such other faCIlIty IS located wIthm or outSIde
the CIty 11lmts
11 No such adult entertamment faCIlIty shall be located closer
than three hundred th\I1y feet from any sensItIve land use or
land use zone IdentIfied m SectIOn I 5 whether such zone or
use IS located wlthm or outSIde the city Illmts
(c) General standards. All the standards of SectIOn I 4 shall apply
Cll\ "f '\ dm 01'0. 7',6
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Exhibit I - Ordinance No 736
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
1.3.2 Adult arcades, massage parlors and adult lIve entertamment facilIties shall be
penllltted m the followmg zones subject to the standards and reqUIrements of
SectIOn 1 4 and the spacmg and buffenng reqUIrements IdentIfied below
(a) Land use zones permItted. LIght Industnal and Industnal
(b) Spacmg and buffenng reqUIrements
1. No adult arcade, massage parlor or adult lIve entertamment
center shall be located closer than SIX hundred SIXty feet from
another adult arcade, massage parlor or adult lIve
entertamment center nor closer than three hundred thIrty feet
from any other adult entertamment facIlIty, whether such other
busmess IS located wIthm or outsIde the CIty 111111ts.
11 No adult arcade, massage parlor or adult lIve entertarmnent
center shall be located closer than SIX hundred SIXty feet from
any sensItive land use or land use zone Identified m SectIOn
1.5, whether such zone or use IS located wIthm or outsIde the
CIty 111111ts.
(c) General standards. All standards of SectIOn 1 4 shall apply
1 4
General standards for adult entertaInment facIlIties Adult arcades, adult bookstores,
adult novelty stores, adult vIdeo stores and SImIlar uses, massage parlors and adult lIve
entertamment centers shall confonn to the followmg general standards.
1 4 1 All on-sIte parkmg areas and premIse entnes of adult entertarmnent uses shall
be illummated from dusk until one hour past clOSIng hours of operatIOn wIth
a IIghtmg system WhICh provIdes an average mamtamed hOrIzontal
1llummatIOn of one foot candle of lIght on the parkIng stnps and/or walkways.
An on-premIse exterIor lIghtIng plan shall be presented to and approved by the
Department of CommunIty Development pnor to the operatIOn of any such
...
use
I 42 All parkmg must be VISIble from the frontIng street. Access to the extenor rear
of the bUIldIng shall be denIed to any persons other than employees or publIc
officIals dunng the perfonnance of theIr respectIve dutIes and tasks by means
of fencmg as approved by the Department of CommunIty Development.
I 4.3 In addItIOn to all on-premIse SIgn reqUlrements of Yelm MUnICIpal Code
Chapter 1524 the folloWIng SIgnIng provIsIons shall be followed
(a) There shall be no electronIC reader boards or changIng message center
(it\ "t',l'IlllOnl. 7ih
tis ...;bel!\ ~1L"hL( llTC:O:pt lfld
PagL''' orh
Exhibit I - Ordinance No 736
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
SIgnS,
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(b) All adult entertallUllent facIlItIes shall have facades, exterIors, and eXIts
whIch must be mdIstmgUIshable from surroundmg bUIldmgs
IllustratIOns depIctmg partIally or totally nude males and/or females
shall not be posted or pamted on any exterIor wall of the buildmg used
for such busmesses or on any door or apparatus attached to such
bUIldmg.
1 44 All standards of the underlymg zone
1 4 5 Reasonable condItIOns necessary to properly mItIgate bona fide secondary
Impacts IdentIfied dUrIng the SIte plan or speCIal use permIt reVIew process
1 4 6 All adult entertamment facIlItIes shall be reqUIred to comply wIth the
reqUIrements of Chapter 17 of the Yelm MumcIpal Code to promote
compatibIlIty wIth surroundmg land uses m both commercial and the lIght
mdustrIal zones
1 5 SenSItIve land uses. The followmg uses, propertIes and zones are conSIdered senSItIve
as referenced m SectIons I 3 I and 1 3.2
1.5 1 Property used for publIc and prIvate schools,
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1 5.2 Property used for publIc parks,
1 5.3 Property used for publIc librarIes,
1 5 4 Property used for state-certIfied day care;
I 5.5 Property used for commumty teen centers,
...
1 5 6 Property used for churches, cemetenes or other relIgIOUS facIhtIes or
mstItutIOns,
I 5 7 Property used for reSIdentIal and lodgmg uses and property zoned pnmanly for
reSIdentIal uses, mcludmg R-4 R-6 and R-14 zones
1 5 8 Propeliy used for orgamzatlons. aSSOCIatIOns, faclhtIes and bUSInesses which
prOVide, as a substantial portIOn of their actiVities, function or busll1ess, the
provIsion of services to chllch-en and/or youth, so that the premises of the
orgamzatIOn, faCIlIty or busll1ess would have chIldren and youth In attendance
elt\ of! elm Onl. nh
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Exhibit I - Ordinance No 736
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
or at the locatIOn dunng a predommant portIOn of the operatIonal hours of an
adult enteIiamment facIlIty
1 6
Measunng reqUIred dIstances. The dIstances between adult entertamment facilItIes
and sensItIve land uses IdentIfied m SectIOn 1.5 shall be measured by followmg a
straIght lme wIthout regard to mtervenmg bUIldmgs from the nearest pomt of the
property parcel upon whIch the proposed use IS to be located to the nearest pomt of the
parcel of property or the zone classIficatIOn boundary lme from whIch the proposed
land use IS to be separated.
I 7
WaIver of dIstance reqUIrements The followmg procedures and cntena shall be
adhered to wIth regard to a request for WaIver of dIstance reqUIrements
1 7 1 DIstance WaIver reqUIred. Any party proposmg to locate an adult facIlIty
wIthm less than the reqUIred dIstances from uses or zones as speCIfied m thIS
ordmance may do so only after obtammg a WaIver therefor from the CIty
counCIl through a speCIal use permIt process.
I 7.2 WaIver notIce reqUIrements. In addItIOn to the notIce reqUIrements for speCIal
use permIts, first class mailmg notIce shall be made to all partIes wIthm the
dIstance set forth m SectIOns 1.3 1 and 1.3.2, dependmg upon the use m
questIon. The applIcant shall prOVIde the names and addresses of all property
owners and bus messes wIthm SaId dIstances from the proposed use.
1 7 3 Cntena for decIsIOn. The final deCISIOn on the request for WaIver of dIstance
shall be made by the CIty council based on conSIderatIOn of the followmg'
(a) The extent to whIch the physIcal features would result m an effectIve
separatIOn m tenns of VIsibilIty and access,
(b) CompatibIhty WIth adjacent and surroundmg land uses,
(c) AbIlIty to aVOId the adult facIhty by alternatIve vehIcular and
pedestna; routes.
1 8 Adult enteliamment facIhtles forbIdden m other zones Adult arcades, adult
bookstores, adult novelty stores, adult VIdeo stores and snnIlar adult uses, massage
parlors and adult hve entertamment facIlItIes shall be Inmted to the zones speCIfied for
such uses m SectIOns 1 3 1 and 1 3.2 and shall be forbIdden m all other zones wIthm
the CIty ofYelm.
I 9 Adult entertamment facIlItIes effect on other laws PrOVISIOns of thIs chapter shall not
ha\e the effect ofauthonzmg any actIvItIes prohibIted by state law or other proVISIons
of thIs code
Cit\' or 1 dill Ord. 7,(,
d~ :-;ht.' I 1\. ;ll'hC(lITl':'PI lilt!
Page'; 0 f(,
Exhibit I - Ordinance No 736
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
SectIOn 2. SeverabIlIty If any provISIOns of thIS ordmance or ItS applIcatIOn to any person or
cIrcumstances IS held mvalId, the remamder of the ordmance or the applIcatIOn of the prOVISIOns to
other persons or CIrcumstances IS not affected.
o
SectIOn 3. Effective Date ThIS ordmance shall become effectIve five days followmg ItS passage and
publIcatIOn as reqUIred by law
PASSED by the CouncIl of the CIty of Yelm, Washmgton, at ItS regular meetmg on the 2 Th day of
June, 2001
CITY OF YELM, WASHINGTON
Adam RIvas, Mayor
AuthentIcated.
Agnes P BennIck, CIty Clerk
o
PUBLISHED NIsqually Valley News, July 6, 2001
EFFECTIVE July 10, 2001
Approved as to fonn.
Attorney' Brent DIlle
Owens DavIes MackIe
e,l, 01 ~ dm OI"U. 71h
Lis ,hell, aehUlITL'SpOnU
()
Pag\.. h (11 h
o
o
o
Exhibit II - Ordinance No. 737
City of Yelm
June 12,2001
RE
Adult Entertainment Business
Code Amendments
CITY OF YELM
ORDINANCE NO. 737
AN ORDINANCE of the City of Yelm, Washmgton, regulatmg adult entertamment
busmesses wlthm the CIty ofYelm, Washmgton, and amendmg Chapter 5, Busmess LIcenses
and RegulatIOns, Yelm MUnICIpal Code.
WHEREAS, the CIty has thoughtfully and thoroughly evaluated the regulatIOns necessary to
the sItmg and regulatIOn of adult entertaInment busmesses, and
WHEREAS, the City ofYelm has detennmed that the regulatIOn of the adult entertaInment
mdustry IS necessary because, m the absence of such regulatIOn, sIgnIficant cnmmal actIVIty has
hlstoncally and regularly occurred. ThIs hIStOry of cnmmal actIvIty m the adult entertaInment mdustry
has mcluded prostItutIon, Illegal employment of mmors, narcotIcs and alcoholIc beverage law
vIOlatIOns, breaches of the peace, tax evaSIOn, and the presence wlthm the mdustry of mdlvlduals WIth
hIdden ownershIp mterest and outstandmg arrest warrants, and
WHEREAS, the prOXImIty between entertamers and patrons dunng adult entertaInment
perfonnances can faCIlItate sexual contact, prostItutIon and related cnmes. Concerns about cnme and
publIc sexual actIVIty are legltnnate and compellmg concerns of the City of Yelm WhICh demand
reasonable regulatIOn of adult entertaInment establIshments m order to protect the publIc health, safety
and general welfare, and
WHEREAS, the CIty of Yelm finds It IS necessary to lIcense entertamers m the adult
enteliaInment mdustry to prevent the explOltatIOn of mmors, to ensure such entertamer IS an adult and
to ensure that such entertamers have not assumed a false name, WhICh would make regulatIOn of the
entertamer dIfficult or Impossible, and
WHEREAS, the CIty ofYelm fiUds It necessary to have a lIcensed manager on the premIses
ofestabhshments offenng adult entertamment at such tune and such establIshments are offenng adult
entertamment so that at all necessary tImes there wIll be an mdlvldual responsible for the overall
operatIOn of the adult entertamment establIshment, mcludmg the actIOns of patrons, entertamers and
other employees, and
WHEREAS the CIty of Yelm finds It necessary to establIsh lIcense fees as nommal fees
nnposed as regulatory measures deSIgned to help defray the substantIal expense mcurred by the City
of Yelm 111 regulat1l1g the adult entelia1l1ment 1I1dustry; and
WHEREAS the CIty ofYelm has deten11lned that hIdden ownershIp 1I1terest for the purposes
of sklmm1l1g protlts and avold1l1g the payment of ta:\es ha\e hlstoncally occurred 111 the adult
ell\ pr, dill Ord. /,7
d, 'hd 1\ aehc"ITc"'p"nd
Page 1 (l r I 'i
Exhibit II . Ordinance No 737 RE Adult Entertainment Business
City of Yelm Code Amendments
June 12, 2001
entertamment mdustry m the absence of regulatIOn. These hIdden ownershIp mterests have hIstoncally 0
been held by orgamzed and whIte collar cnme elements. In order for the CIty to effectIvely protect
the publIc health, safety, morals and general welfare of Its cItIzens and effectIvely allocate Its law
enforcement resources, It IS Important that the CIty be fully appnzed of the actual ownershIp of adult
entertamment establIshments, and the IdentItIes and backgrounds of persons responsible for
management and control of the adult entertarmnent establIshment; and
WHEREAS, It IS not the mtent of thIS ordmance to suppress or censor any expressIve actIvItIes
protected by the FIrst Amendment of the Umted States ConstItutIOn or ArtIcle 1, SectIOn 5 of the
Washmgton State ConStItutIOn, but rather to enact tIme, place and manner regulatIOns whIch address
the compellIng mterests of the CIty m mItIgatmg the secondary effects of adult entertamment
establIshments,
NOW, THEREFORE, be It ordamed by the CIty Council of the CIty ofYelm, as follows
SectIOn 1
MASSAGE PARLORS AND EMPLOYEES
1 1
DefimtIOns. Wherever the followmg words and terms appear m thIS chapter, they
shall have the followmg meanmgs
1 I 1 "Massage parlor" means a place m the mcorporated area of the CIty where
massages or like treatments are performed upon the body of one person by 0
another person, or where sauna baths, TurkIsh baths, SwedIsh baths or the like
are made available to members of the publIc
1 1.2 "Massage parlor employee" means any person who gIves massages to, or
attends m any other way upon, patrons of a massage parlor, or who supervIses
the work of such a person.
1.2 ExemptIOns to chapter applIcabilIty The provISIOns OfthIS chapter shall not apply to
massages performed or baJhs prOVIded m any hospItal or at the athletIc department of
any publIc or pnvate secondary school or college, or by any person who has been
certIfied or lIcensed by the state ofWashmgton to practIce medIcme, surgery, drugless
therapy, physIcal therapy, massage, osteopathy, osteopathy and surgery, chIropractIc,
podIatry, or nursmg.
1.3 LIcensmg of Busmess.
I 3 I No person, finn, pm1nershIp corporatIOn, or other entIty shall operate an adult
arcade adult bookstore, adult novelty store or adult VIdeo store WIthout first
obtammg a lIcense Issued pursuant to thIS chapter
elt\ (If) dill Ort!. 737
ds. ,hd 1\ acbcnn'c,p(ll1lJ
PagL 2 or I"'
o
o
o
c
Exhibit II - Ordinance No 737
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
1.3.2 ApplIcatIOns for such bus mess establIshments shall be made to the CIty
Clerk/Treasurer
1.3 3 Such applIcatIOns shall be venfied and provIde the same mfonnatIOn as that
reqUired for an adult lIve entertaInment center lIcensed as set forth m SectIOn
34
1 3 4 ApplIcatIOns shall be accompamed by a non refundable fee as set by resolutIOn
of the CIty CouncIl, however, untIl such fee IS set by such a resolutIOn, the fee
shall be $500
1 3 5 An applIcatIOn for such a lIcense shall be processed and eIther granted or
demed m the manner set forth m SectIOns 3 4 5 and 3 4 6
1 3 6 LIcenses granted pursuant to thIS chapter shall expIre on December 31, of the
year for whIch such lIcenses IS Issued or renewed.
1.3 7 Such lIcense may be renewed by submIttmg a new applIcatIOn and followmg
the applIcatIOn procedure referenced herem, provIded, that a renewal
applIcatIOn shall not be submItted pnor to September 1, for the followmg
calendar year
1 4
LIcensmg of Employees. An applIcatIOn for such a lIcense shall be processed and
eIther granted or demed m the manner set forth m SectIOn 3 5
1 5 RevocatIOn of LIcense. RevocatIOn of a massage parlor lIcense or employee lIcense
shall be set forth m the manner described In SectIOn 3 6
1 6 InspectIOns. The premIses of all massage parlors shall be mamtamed In a safe and
samtary manner An applIcant for a lIcense called for herem shall be consIdered to
consent as a condItIon ofJecelvmg such lIcense to mspectIOn by the ChIef ofPohce
orthe BUIldIng OfficIal or theIr desIgnees dunng hours when such busInesses are open.
The purpose of such InSpectIon shall be to detenmne If the lIcensed premIses IS
operated In accordance wIth the reqUIrements of thIS chapter It IS hereby expressly
declared that unannounced InSpectIOns are necessary to ensure complIance wIth thIS
chapter
I 7 Hours of operatIOn. All massage parlors shall be closed, and all servIces perfonned
thereIn dIscontInued, bet\veen the hours of 12 30 a.m. and 8 00 a.m
(11\ pi ) elm On.l. ",7
d., ,hL'I" al'l)L'pITl'Spond
Page') (\f I .::;
Exhibit II - Ordinance No. 737
City ofYelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
1 8
Premlses-- LIquor prohibIted. LIquor (as that tenn IS defined m the Washmgton State
AlcoholIc Beverage Control Act) shall not be dIstributed or consumed on the premIses
of any massage parlor
o
1 9 ViolatIon deemed a publIc nUIsance Any actIvIty, act or conduct contrary to the
proVISIOns of thIS chapter IS declared to be unlawful and a publIc nUIsance and such
actIvIty, act or conduct may be enjomed by an actIOn brought by the CIty Attorney or
other mterested person.
1 10 ViolatIOn deemed a mIsdemeanor Any person, firm or corporatIOn vIOlatmg any
provISIOn of thIS chapter shall be guIlty of a mIsdemeanor and each such person, finn
or corporatIOn shall be deemed gUIlty of a separate offense for each and every day
dunng WhICh any VIOlatIOn IS commItted, contmued or permItted, No person shall be
deemed guilty of any VIOlatIOn of thIS chapter If actmg m an mvestIgatIve capaCIty
pursuant to the request or order of the PolIce ChIef, CIty Attorney or duly appomted
agent of eIther
SectIOn 2 ADULT BUSINESSES
2 1 DefimtIOns.
2 1 1 "Adult Arcade" shall mean an establIshment where, for any fonn of 0
conSIderatIOn, one or more stIll or motIOn pIcture projectors, slIde projectors,
or SImilar machmes, or other nnage producmg machmes, for vlewmg by five
or fewer persons each, are used to show films, motIOn pIctures, VIdeo cassettes,
slIdes, VIdeo dIsks or other photographIc reproductIOns whIch are charactenzed
by the depIctIon or descnptIOn of "SpecIfic Sexual ActIVItIes" or "SpeCIfic
AnatomIcal Areas"
2.1.2 "Adult Bookstore", "Adult Novelty Store", or "Adult Video Store" shall mean
a commerCIal establIshment whIch has as one of ItS pnnclpal busmess purposes
. ..
the offenng for sale or rental for some fonn of conSIderatIOn, books,
magazmes, penodlcals or other pnnted matter, or photographs, films, motIOn
pIctures, VIdeo cassettes, slIdes, VIdeo dIsks or other VIsual representatIOns
whIch are charactenzed by the depIctIOn or descnptIOn of speCIfic sexual
actIVItIes or speCific anatOll11cal areas PrOVided, however that VIdeo stores
that sell and/or rent only VIdeo tapes or other graphiC reproductions and
assocIated eqUIpment shall only come wIthm the definItIOn set forth herem If
twenty percent or more of ItS stock m trade or revenue comes frolll the rental
or sale of VIdeo tapes or other photographIc reproductIOns or assOCIated
eqUIpment \vhlch are charactenzed by the depIctIOn or descnptlon of specIfic
sexual activities or speCIfic anatollllcal areas
ell\ 01' 't elm 01'0. 7\7
d, ,helh ~dx()rr~sr()no
Page of pJ I ~
o
o
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o
Exhibit II - Ordinance No 737
City of Yelm
June 12, 2001
RE.
Adult Entertainment Business
Code Amendments
2 1.3 "SpecIfic anatomIcal areas" means
(a) Less than completely and opaquely covered human gemtals, PUbIC
regIOn, buttocks and the female breasts below a pomt nnmedlately
above the top of the areola.
(b) Human male gemtals m a dIscernibly turgId state, even If completely
and opaquely covered.
2 1 4 "SpeCIfic sexual actIvItIes" means
(a) Human gemtals m a state of sexual stImulatIOn, and/or
(b) Acts of human masturbatIOn, sexual mtercourse or sodomy; and/or
(c) Fondlmg or other erotIC touchmg of human gemtals, PUbIC regIOn,
buttocks or the female breasts.
2.2 LIcensmg of Busmess.
2.2.1 No person, finn, partnershIp, corporatIOn, or other entIty shall operate an adult
arcade, adult bookstore, adult novelty store or adult VIdeo store WIthout first
obtammg a lIcense Issued pursuant to thIS chapter
2.2.2 ApplIcatIOns for such busmess establIshments shall be made to the CIty
Clerk/Treasurer
2.2 3 Such applIcatIons shall be venfied and provIde the same mformatIOn as that
reqUIred for an adult lIve entertamment center lIcensed as set forth m SectIOn
34
2.2 4 ApplIcatIOns shall be accompamed by a non refundable fee as set by resolutIOn
of the CIty Collnc.,ll, however, unttl such fee IS set by such a resolutIOn, the fee
shall be $500
225 An appltcatIOn for such a lIcense shall be processed and eIther b'Tanted or
demed In the manner set forth In SectIOns 3 4.5 and 3 4 6
226 LIcenses granted pursuant to thIS chapter shall expIre on December 31, of the
year for whIch such lIcenses IS Issued or renewed
2.2 7 Such Itcense ma! be rene\ved by submIttIng a new applIcatIOn and follOWIng
the appltcatlOn procedure referenced herem, proVIded, that a renewal
CIl\tll'),IIllOrd 71'
d."; ...hel h. <.IL'hCPITl':,rnnd
Pagl.: .::; of 1 "
Exhibit II - Ordinance No. 737
City ofYelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
apphcatlOn shall not be submItted pll.or to September 1, for the followmg 0
calendar year
2.3 RegulatlOns relatmg to on-premIse vlewmg.
2.3 1 Any adult arcade, adult bookstore, adult novelty store or adult VIdeo store
havmg facihtIes for customers' vlewmg of depIctIOns of human nudIty and/or
sexual conduct of any nature, mcludmg deplctlOns of speCIfic sexual aCtIVItIes,
shall comply WIth the followmg regulatIOns
(a) ConstructIOn/Mamtenance
1. All vlewmg booths shall be constructed or reconstructed so
that the mtell.or of the vlewmg booth IS observable by persons
m the aisles or other open areas of the estabhslunent such that
the lower thniy-slx mches ofthe door IS open to pubhc VIew
11. All such areas shall be mamtamed m a clean and samtary
condItIOn at all tnnes.
(b) SIgnS
SIgns shall be conspIcuously posted on the premIses advIsmg 0
customers usmg vIewmg booths that:
(1) MasturbatIon m such booths IS prohibIted and
unlawful
(2) That It IS unlawful for more than one customer to
occupy a vlewmg booth at any tIme
(3) No persons under the age of eIghteen years shall be
allowed to occupy a vIewmg booth at any tune
...
(c) Unlawful Conduct. The followmg conduct or actIVIty IS unlawful
MasturbatIOn In vlewmg booths.
11 Two or more customers m a vlewmg booth at the same tIme
III The use of such booths by any person under the age of eIghteen
years
IV For the owner or manager to knOWIngly allow the aho\ e
conduct
24 RegulatIons applIcable to VIdeo stores not quahfvInu as adult VIdeo stores VIdeo
stores that sell or otherWIse dlstnbute films. motIon pIcture~. VIdeo cassettes, shdcs.
ell\ of 1 elm Orc!. /,7
,},; ,helh ad'e"ITe,p"nc!
o
Page h pI 1'::;
o
o
o
Exhibit II - Ordinance No 737
City otYelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
vIdeo dIsks or other vIsual representatIOns whIch are charactenzed by the depIctIOn or
descnptIOn of specIfic sexual actIvItIes or speCIfic anatomIcal areas, and less than
twenty percent of theIr stock- m-trade or revenues comes from the rental or sale of such
Items shall be subject to the followmg regulatIOns
2.4 I All such Items as are described above shall be physIcally segregated and closed
off from other portIOns ofthe store such that these Items are not vIsible and/or
accessible from other portIOns of the store
2.4.2 No advertlsmg for such Items shall be posted or otherwIse vIsible Except
where such Items are authonzed for dIsplay
2 4 3 SIgnS readable at a dIstance of twenty feet m both EnglIsh and Spamsh shall
be posted at the entrance to the area where such Items are dIsplayed statmg that
persons under the age of eIghteen are not allowed access to the area where
such Items are dIsplayed.
2 4 4 The manager or attendant shall take reasonable steps to momtor the area where
such Items are dIsplayed to ensure that persons under eIghteen years of age do
not access the age-restncted area.
245 Rental or sale ofobscenematenal (as defined by state law) ormatenal hannful
to mmors (as defined by state law) to persons under eIghteen years of age IS
prohibIted.
2 4 6 Employees of such VIdeo stores shall check IdentIficatIOn to ensure that such
Items are not rented or sold to persons under the age of eIghteen.
2 5 RevocatIOn of lIcense. The CIty Clerk/Treasurer shall revoke a lIcense Issued pursuant
to thIS chapter If the Clerk/Treasurer finds any of the followmg condItIons to eXISt.
'"
2 5 I The lIcensee has made a false statement or gIven false mformatlon m
connectIOn WIth the applIcatIOn for the applIcable lIcense.
2 5.2 The lIcensee has VIOlated or penmtted VIOlatIOn of any prOVISIOns of thIS
chapter
:2 5 3 The lIcensee has been conVIcted of or forfeIted ball to any of the cnmes whIch
would ha\ e caused the CIty to refuse to Issue the lIcense upon the InItJaI or
rene\\ al applIcatIon
ell\ (If) elm Ord. "'7
d~ ....hel h al'hc< llTl'~P( lnd
Pag.: 7 pf I "
Exhibit II - Ordinance No 737
City of Yelm
June 12,2001
RE
Adult Entertainment Business
Code Amendments
Appeal trom eIther the demal of a lIcense or the revocatIon of a lIcense shall
be made to the CIty councIl provIded for m Yelm MumcIpal Code, 15 49 160
o
2.6 InspectIOns. An applIcant for a lIcense called for herem shall be consIdered to consent
as a condItIon of receIVmg such lIcense to mspectIOn by the ChIef of PolIce, CIty
Clerk/Treasurer or the BUIldmg OffiCIal or theIr desIgnees dunng hours when such
busmesses are open. The purpose of such mspectIOn shall be to determme If the
lIcensed premIses IS operated m accordance wIth the reqUIrements of thIS chapter It
IS hereby expressly declared that unannounced mspectlons are necessary to ensure
complIance WIth thIS chapter
2 7 Hours of operatIOn. Busmesses lIcensed pursuant to thIS chapter shall be closed
between 12 30 a.m. and 8 00 a.m.
2 8 ViolatIOn deemed a publIc nUIsance Any actIvIty, act or conduct contrary to the
prOVISIOns of thIS chapter IS declared to be unlawful and a publIc nUIsance and such
actIVIty, act or conduct may be enJomed by an actIon brought by the CIty Attorney or
other mterested person.
29
VIOlatIOn deemed a mIsdemeanor Any person, firm or corporatIOn vIOlatmg any
proVIsIOn of thIS chapter shall be guilty of a mIsdemeanor and each such person, tinn
or corporatIOn shall be deemed gUIlty of a separate offense for each and every day
dunng whIch any VIOlatIOn IS commItted, contmued or penmtted. No person shall be
deemed guIlty of any VIOlatIOn of thIS chapter If actmg m an mvestIgatIve capaCIty
pursuant to the request or order of the PolIce ChIef, CIty Attorney or duly appomted
agent of eIther
o
SectIOn 3
ADULT LIVE ENTERTAINMENT CENTERS
3 I
DefimtIOns. The followmg words and phrases shall have the followmg meamngs for
purposes of thIs chapter ...
3 I I "Adult lIve entertmmnent center" means a bus mess havmg, as parts of ItS trade,
lIve dancers or entertamers who depIct speCIfic sexual actIVItIeS or dIsplay
speCIfic anatomIcal areas as defined herem, mcluded, but not lImIted to, topless
dance centers, so-called exotIC dance centers and body pamtmg StudIOS.
3 1.2 "Employee" means any and all persons, mcludmg enteliamers, who \\orl<. m
or at or render any serVIces dIrectly related to the operatIon of any adult be
entertamment center
Cit\ ,,' \ dill OrLi. 7)7
Lis ,hcl" acncoJTc,ponLi
Page ~ "r I .,
o
o
o
o
Exhibit II . Ordinance No 737
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
3 1.3 "Entertamer" means any person who provIdes entertaInment wlthm an adult
lIve entertaInment center as defined m thIS sectIOn whether or not a fee IS
charged or accepted for such entertamment.
3 1 4 "EntertaInment" means any exhibItIOn or dance of any type, removal of artIcles
of clothmg, pantomIme, modelmg or any other perfOlmance
3 1 5 "Operator" means any person operatmg, conductmg or mamtammg an adult
lIve entertaImnent center
3 1 6 "SpeCIfic anatomIcal areas" means
(a) Less than. completely and opaquely covered human gemtals, PUbIC
regIOn, buttocks and female breasts below a pomt lTIunedIately above
the top of the areola.
(b) Human male gemtals m a dIscernibly turgId state, even If completely
and opaquely covered.
3 I 7 "SpeCIfic sexual actIVItIes" means
(a)
(b)
(c)
Human gemtals m a state of sexual stImulatIOn, and/or
Acts of human masturbatIOn, sexual mtercourse or sodomy, and/or
Fondlmg or other erotIc touchmg of human gemtals, PUbIC regIOn,
buttocks or the female breasts.
" ')
J._
Conduct of employees and operators. The followmg standards of conduct shall be
adhered to by operators and employees of any adult lIve entertamment center
3.2 1
No person employed m the saleor servIce of food and/or dnnk wlthm an adult
lIve entertamment center shall be unclothed or m such attIre, costume or
clothmg so as to expose, WIth less than a fully opaque covenng, any portIOn of
...
the human gemtals, PUbIC regIOn, buttocks and the female breasts below a
pomt ImmedIately above the top of the areola.
" ') ')
J._ _
No person employed or otherwIse permItted to converse, dance ormmgle WIth
the patrons wIthm an adult lIve entertamment center shall be unclothed or m
such attIre costume or clothmg as described m SectIOn 3.2 I
., ') "
_~._ J
No person described m SectIOns 3.2 I and 3.22 shall encourage or penmt any
person upon the premIses to touch, caress or fondle the breasts, buttocks, anus
or gemtals of any other person.
(11\ (\11,1111 Ord. 7;7
ds ,l1dl\ aL'hL'\lIT"rond
Page lJ o!' I ~
Exhibit II - Ordinance No 737
City of Yelm
June 12,2001
RE
Adult Entertainment Business
Code Amendments
3.24 No person described m SectIOns 3.2.1 and 3.2.2 shall wear or use any devIce 0
or covenng exposed to VIew whIch sImulates the breast, gemtals, anus, PUbIC
haIr or any portIOn thereof.
3.25 No person described m SectIOns 3.2 1 and 3.2.2 nor any entertamer shall
perform acts of or acts WhICh sImulate
(a) Sexual mtercourse, masturbatIOn, sodomy, bestIalIty oral copulatIon,
flagellatIOn or any sexual acts whIch are prohibIted by law'
(b) The touchmg, caressmg or fondlmg of the breasts, buttocks or gemtals,
(c) The dlsplaymg of the PUbIC haIr, anus, vulva or gemtals.
3.26 No entertamer who IS unclothed or m such attIre, costume or clothmg as
described m SectIOn 3.2 1 of thIS chapter shall perform elsewhere wlthm an
adult entertamment center other than upon a stage at least eIghteen mches
above the nnmedlate floor level where patrons are seated or stand, and
removed at least SIX feet from the nearest patron.
3.3 Oper.atIOn regulatIons. The followmg reqUIrements shall be adhered to by any adult
lIve entertamment center
3.3 1 There shall be posted and conspIcuously dIsplayed m the common areas of 0
each adult lIve entertamment center a lIst of any and all entertamment provIded
on the premIses for a fee m addItIon to the admIssIOn fee Such lIst shall further
mdlcate the specIfic fee or charge m dollar amounts for each entertamment
lIsted.
3 3.2 No actIvIty or entertamment occurnng wlthm an adult lIve enteliamment
center shall be VIsible at any tIme from outsIde such hall.
3.3 3 At least one secun!y person per one hundred patrons shall be on duty mSlde the
premIses at all tImes dunng hours of operatIOn. Secunty persons shall also
patrol the parkmg area adjacent to the premIses at least once per each hour of
operatIOn. All secunty persons shall wear a umfonn whIch wIll make such
persons readIly recogmzable as secunty personnel
334 AdmISSIon shall be restncted to persons of the age of eIghteen years or o\'er
3.3 5 SuftiClent IIghtmg shall be provIded m and about the parts of the premIses
whIch are open to patrons and/or members of the publIc so that all objects are
plamly VIsible at all tunes.
(it, or)' <:1111 Ortl. 717
tis sh<:lh achCOITCSP'"1t1
PagL I () pI 1-=\
o
o
c
o
Exhibit II - Ordinance No 737
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
3 3 6 An adult lIve entertmillnent center shall be closed between 12 30 a.m. and 8 00
a.m.
3.3 7 No operator or employee of an adult lIve entertamment center shall serve, sell,
dIstribute or penmt the consumptIOn or possessIOn of any mtoxIcatmg lIquor
or controlled substance upon the premIses of such establIshment, mcludmg
parkmg lots under the control of the operator
3.3 8 An operator of an adult lIve enteI1amment center shall conspIcuously dIsplay
the lIcense reqmred by thIS chapter m an area open to patrons of such
establIshment.
3.3 9 No patron shall be penmtted to dIrectly or mdlrectly payor gIve any gratuIty
to any entertamer
3.3 10 No entertamer shall be permItted to SOlICIt any payor gratuIty from any patron
and/or SOlICIt the purchase of any food or dnnk by any patron.
3.3 11 No operator of an adult lIveentertamment center shall employ as an entertamer
any person under the age of eIghteen years or a person not lIcensed pursuant
to thIS chapter
3.3 12 An operator of an adult entertamment center shall mamtam and retam for a
penod of two years names, addresses and ages of persons employed as
enteI1amers by hcensee.
3 4 Llcensmg of bus mess.
3 4 1 No person, firm, partnershIp, corporatIon or other entIty shall operate an adult
hve entertamment center WIthout first obtammg an adult lIve entertmillnent
center lIcense lss4,ed pursuant to thIS chapter
3 4.2 ApplIcatIons for adult lIve enteI1amment center lIcenses shall be made to the
CIty Clerk/Treasurer
3 43 An applIcatIOn for an adult lIve entertamment center lIcense shall be venfied
and shall provIde the followmg mfonnatlon
(a) The full name and alIas (past or present) address, telephone number
pnncIpal occupatIOn and date of blrth of the applIcant and of the
managmg agent or agents of the bus mess
C 11\ ,Ii 'l'II11 O!",!. "717
d~ ,ilL'll\ ad"lC(HTf..:~rpnd
Page' 11 or I "
Exhibit II - Ordinance No 737
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
(c)
(d)
(e)
(b)
o
The busmess name, busmess address, federal tax IdentIficatIOn
number state of Washmgton master busmess lIcense number and
busmess telephone number of the establIshment or proposed
establIshment, together wIth a descnptIOn of the nature of the busmess,
Whether the busmess or proposed busmess IS the undertakmg of a sole
propnetorshIp partnershIp or corporatIOn. If a sole propnetorshlp the
applIcatIOn shall set forth the name, address, telephone number and
pnncIpal occupatIOn of the sole propnetor If a partnershIp the
applIcatIOn shall set forth the names, addresses, telephone numbers,
pnncIpal occupatIOn and respectIve ownershIp shares of each partner,
whether general, lImited or sIlent. If a corporatIOn, the applIcatIOn
shall set forth the corporate name, a copy of the artIcles of
mcorporatIOn, and the names, addresses, telephone numbers and
pnncIpal occupatIOns of every officer and dIrector of the corporatIOn,
and every shareholder havmg more than five percent ofthe outstandmg
shares of the corporatIOn,
The names, addresses, telephone numbers and pnncIpal occupatIons
of every person, partnershIp or corporatIOn havmg any mterest m the
real or personal property utIlIzed or to be utIlIzed by the busmess or
proposed busmess,
Whether the applIcant, or any person reqUIred to be named by thIS
sectIOn, has ever been convIcted of or forfeIted baIl for any cnme,
excludmg mmor traffic offenses, and, If so, the applIcatIOn shall state
the person mvolved, the charge, date, court and dISpOSItIOn of the
charge
o
3 44 ApplIcatIOns shall be accompamed by a nonrefundable fee as set by resolutIon
of the CIty counCIl however, untIl such fee IS set by such a resolutIOn, the fee
shall be $500
...
3 4 5 Withm five days of receipt of a properly completed applIcatIOn for an adult
hve entertamment center hcense the CIty ClerlJTreasurer shall transmit copies
of such applIcatIOn to the PolIce Department and Commumty Development
Department.
3 4 6 Withm thIrty days of receipt of a properly completed apphcatlon for an adult
live entel1mnment center hcense the City Clerk..lTreasurer shall Issue the
hcense unless adVised by the Commumty Development Department that the
use or proposed use of the premises, does not have the apphcable land use
approval as per the city's zonmg code or other apphcable lanel use laws ancl
regulatIons or the CIty Clerk./Treasurer IS adVised by the bUllcl1ng department
e'l\ "r'\ dl11 Ord. 7'1
d, shd!\ ac:bconc:spolld
PagL 1201 I'"
o
o
o
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Exhibit II - Ordinance No. 737
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
that the buildmgs upon the subject premIses fml to meet the reqUIrements of
the bUIldmg, fire, mechamcal or plumbmg codes applIcable to the proposed
use; or the CIty Clerk/Treasurer IS mformed by the polIce department that the
owner, paliner, or stockholder holdmg more than five percent of the
outstandmg shares of the ownmg corporatIOn has been convIcted of or
forfeIted bail for any cnme WhICh may reasonably mdIcate a likelihood of
future vIOlatIOn of the terms of thIS chapter by such owner, partner, or
stockholder Issuance ofthe lIcense reqUIred m thIS chapter shall not constItute
a Walver of or exemptIOn from the applIcatIOn of any land use, bUIldmg, health
or safety laws pertment to the proposed use
347
An adult lIve entertmillnent center lIcense shall expIre on December 31 st of the
year for WhICh It IS Issued or renewed.
348
An adult lIve entertamment center lIcense may be renewed by submIttmg a
new applIcatIOn and followmg the applIcatIOn procedure set forth herem
above, provIded, that a renewal applIcatIOn shall not be submItted pnor to
September for the followmg calendar year
3 5 LIcensmg of entertamers.
3.5 1 No person shall perfonn as an entertamer at an adult lIve entertmillnent center
wIthout first obtammg an entertamer's lIcense Issued by the CIty
Cl erk/T rea surer
3 5 2 An applIcatIOn for an entertamer's lIcense shall be venfied and shall prOVIde
the followmg mformatIOn.
(a) The applIcant's full name and address, home address, home telephone
number, date of bIrth and ahases (past or present),
(b) The namepnd address of the establIshment where the applIcant mtends
to perfonn as an entertaIner;
(c) All pnor conVIctIOns ofthe apphcant, excludIng mInor traffic offenses,
IncludIng the charge, date, court and dISpOSItIOn of charge.
3 5 3 All applIcants shall be requIred to be fingerpnnted by the pohce depmiment
and submIt a cun-ent faCIal VIew photograph
3 5 4 ApplIcatIOns shall be accompamed by a nonrefundable fee as set by resolutIOn
of the cIty councIl however untIl such fee IS set by resolutIOn, the fee shall be
S I 00 00
lll\ "I' \ c'lm OrJ. n 7
d~ :-\hd h achCPITl':,ppnJ
Page.: 1101' I"
Exhibit /I . Ordinance No 737
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
3 5 5 The CIty Clerk/Treasurer shall transmIt the applIcatIOn for an entertamer's
lIcense to the polIce department wIthm five days after Its receIpt.
o
3.5 6 The CIty Clerk/Treasurer shall, wIthm twenty days after receIpt of the
applIcatIOn, Issue the entertamer's lIcense unless the CIty Clerk/Treasurer IS
mformed by the polIce department that the applIcant has been convIcted or
forfeIted bail to a cnme or crnnes whIch would mdIcate a reasonable
likelihood that the applIcant would VIOlate the tenns of thIs chapter If so
lIcensed.
3 5 7 An adult entertamer's lIcense shall expIre on December 31 Sf of each year m
whIch It IS Issued or renewed.
3 5 8 An entertamer's lIcense may be renewed by submIttmg a new applIcatIOn and
followmg the applIcatIon procedure set forth herem above, provIded, that a
renewal applIcatIOn shall not be submItted pnor to September for the followmg
calendar year
3 6 RevocatIOn of lIcenses. The CIty Clerk/Treasurer shall revoke an adult lIve
entertamment center lIcense or an entertamer's lIcense Issued pursuant to thIS chapter
If the CIty Clerk/Treasurer finds any of the followmg condItIons to eXISt.
3 6 I The lIcensee has made a false statement or gIVen false mfonnatIOn m
connectIon WIth the applIcatIOn for the applIcable lIcense
o
3 6.2 The lIcensee has VIolated or penmtted VIOlatIon of any prOVISIons of thIS
ordmance
36.3 The lIcensee has been convIcted or forfeIted baIl to any of the CrImes WhICh
would have caused the dIrector to refuse to Issue the lIcense upon the ImtIaI or
renewal applIcatl(~n.
Appeal from eIther the demal of a lIcense or the revocatIOn of a license shall
be made to the CIty counCIl proVIded for In Yelm MumcIpal Code. 15 49 160
3 7 ExemptIon from prOVISIOns ThIS chapter does not apply to premIses whIch are
prImarIly devoted to theatrIcal perfollnances where there are seats aITanged so that the
body of spectators has an unobstructed vIew of the stage for vlewmg perf01l11ances of
milstIc expressIon and v" here such perf01l11ances are not InCIdental to the promotIon
of the sale of food and/or drInk., and \V'here patrons are not penmtted to touch, caress
or fondle the actors or entertaIners perfoll11lng therell1
elt\ on dill Ord. Ii 7
ds sh<:lI\ ac'bcorrespond
Page 1.\ 01 I;;
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Exhibit II - Ordinance No 737
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
38
ViolatIOn--NUIsance Any actIvIty, act or conduct contrary to the provIsIOns oftlus
chapter IS declared to be unlawful and a publIc nUIsance and such actIvIty, act or
conduct may be enJomed by an actIOn brought by the CIty attorney or other mterested
person.
39 ViolatIOn--Penalty Any person, film or corporatIOn vIOlatmg any prOVISIOn of thIS
chapter shall be guilty of a mIsdemeanor and each such person, firm or corporatIOn
shall be deemed gUIlty of a separate offense for each and every day dunng whIch any
VIOlatIOn IS commItted, contmued or permItted. No person shall be deemed guIlty of
any VIOlatIOn of thIS chapter If actmg m an mvestIgatIve capaCIty pursuant to the
request or order of the polIce chIef, CIty attorney or duly appomted agent of eIther
SectIOn 4. SeverabIlIty If any proVISIOns of thIS ordmance or ItS applIcatIOn to any person or
CIrcumstances IS held mvalId, the remamder of the ordmance or the applIcatIOn of the proVISIons to
other persons or CIrcumstances IS not affected.
SectIOn 5. EffectIve Date ThIS ordmance shall become effectIve five days followmg ItS passage and
publIcatIOn as reqUIred by law
PASSED by the CounCIl of the City ofYelm, Washmgton, at ItS regular meetmg on the 2Th day of
June, 2001
CITY OF YELM, WASHINGTON
Adam RIvas, Mayor
AuthentIcated
Agnes P Benmck, CIty Clerk
PUBLISHED Nlsqually Valley News, July 6,2001
EFFECTIVE July 10, 2001
Approved as to fonTI
L\ttomey Brent Odic
O\\cns Davlcs MackIe
ell\ ,,' " elm Urd. 717
d:, --ilL'! h a~hCl1n\.':,pilnJ
Page I ~ of I ~
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Exhibit III - Public Hearing Notice
City of Yelm
June 12, 2001
RE
Adult Entertainment
Business Code Amendments
NOTICE OF PUBLIC HEARING
YELM PLANNING COlVIMISSION
AND
YELM CITY COUNCIL
DATE.
Monday, June 18 2001,4'00 PM
Wednesday, June 27 2001 730 PM
PLACE.
Yelm Clt) Hall CouncIl Chambers, 105 Yelm Ave W., Yelm, WA
PURPOSE.
PublIc Heanng to receIve comments on proposed amendments to Yelm Mumclpal Code,
Chapter 17, ZonIng, and Chapter 5, Busmess LIcense and RegulatIOns relatIng to the
locatIon, acceptance of applIcatIOns for and Issuance of any permIt, lIcense or approval for
adult enteliamment busmessses.
APPLICANT
CIty ofYelm
PROJECT LOCATION CitYWIde
The Yelm Plannmg ComnllSIOn will hold a publIc heanng to receive comments on proposed amendments to
the Yelm Mumclpal Code, Chapter 17, Zonmg and Chapter 5, Busmess License and RegulatIOns. The
Plannmg Commission wIll forward the proposed amendments to the City Council for a PublIc Heanng and
actIOn on June 27, 200 I A complete packet of amendments and any related documents are avallable for
publIc review dUrIng nom1al busIness hours at Yelm City Hall, 105 Yelm Ave W, Yelm, WA. For
additIOnal mformatIOn, please contact Shelly Badger at (360) 458-8405
Testimonv may be given at the hearings or through written comment on the proposal. Comments
must be received by the close of the public hearing on June 27, 2001 Such written comments may be
submitted to the City ofVelm at the address above or mailed to City ofYelm, PO Box 479, Yelm,
W A 98597
The CIty of Yelm provides reasonable accommodatIOns to persons With disabIlities. If you need special
accommodatIOns to attend or partIcipate, call Agnes Benl1lck, Yelm City Clerk, at (360) 458-8404, at least 4
days pnor to the meetmg.
ATTEST
CIty ofYelm
..
"
r
~/ /
1_ _' / JI. / I
''\gl1e~ P Bennlc". CJt~ CIer" Treasurer
DO "\OT Pl BLISH BELO\\ THIS LI"-E
Pub!J"hecl In the "\1'Cju3Ih \ Jlk\ "\e\\~ Fl'Icla\ JUl1e ~ 2Ci()j
l\hteclll1 PubliC -\reas Fncla\ ./ul1e S 2Cj() I
Exhibit IV - Determination of NonSignificance
City of Yelm
June 12, 2001
RE
Adult Entertainment Business
Code Amendments
o
SEPA NO 8280
DETERMINATION OF NONSIGNIFICANCE
Proponent:
City of Yelm
Description of Proposal
Amendments to Title 17, Zoning, creating a new chapter relating to the
regulation of adult businesses.
Location of the Proposal
City wide
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.
Conditions/Mitigating Measures None
Lead agency'
Responsible Official
City of Yelm
Shelly Badger, City Administrator
o
Date of Issue
Comment Deadline
,-
I
\ /;
'--'J .1. /.' I,)C r f~
_ .{" J ( f.l(
Shelly Bad~r, City Admini rator
/ ) J
This Determination of NonSignificance is issued pursuant to Washington Adminifmative Code 197-11-340(2)
Comments must be submitted to Catherine Carlson, Community Development Director, at City ofYelm, 105 Yelm
Ave W, POBox 479, Yelm, WA 98597, by 5 00 pm, June 18,2001 The City of Yelm will not act on this
proposal prior to 5 00 pm., June 25, 2001 ....
June 5, 2001
500 pm, June 18, 2001
You may appeal this determination to the Yelm City Council, at above address, by submitting a written appeal no
later than 5 00 pm, June 25,2001 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 (14 08), Storm water Drainage Design and Erosion Control Manual
(DOE) Uniform Building Code, State EnVIronmental Policy Act (SEPA) Title (14), Road DeSign Standards Plattmg
and SubdivIsion Title (16) and the Shoreline Master Program
DO NOT PUBLISH BELOW THIS LINE
Published Nlsqually Valley News, Friday June 8 2001
Posted In publiC areas June 5 2001 f\
Caples to All agencies/citizens on SEPA mailing list June 5 2001 Dept of Ecology w/checkllst June 5 2001 0
o
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City ofYelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
Date June 11, 2001
To Yelm Planning Commission
From Cathie Carlson, Community Development Director
Subject: 2001 Comprehensive Plan Update
Exhibits
Exhibit I - Public Hearing Notice
A. Public HearinQ Obiective
The Planning Commission must determine if the proposed amendment is consistent with
the City of Yelm's Comprehensive Plan and applicable 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.
Plan Summary
See attached report.
C. Staff Recommendation
Staff recommends the Planning Commission forward the 2001 Comprehensive Plan
Amendment as presented to the City Council for approval
o
TRANSPORTATION
Amendment to the City of Yelm 1995 Comprehensive Plan and Joint Plan with Thurston
County (Summary of Proposal, Issues, Analysis, Rationale, Summary of
Recommendations, and Maps)
SUMMARY OF PROPOSAL
Provide an update to the City of Yelm 1997 Comprehensive Transportation Plan and
Transportation component (Chapter VI) of the 1995 Comprehensive Plan & Joint Plan with
Thurston County and the June, 2000 Amendment to the Comprehensive Plan and Joint
Plan. This transportation plan update incorporates the preferred alternative for the Y2/y3
Corridor, the Y-13 YelmjRoy Prairie Railroad Line, and includes a new plan chapter
"House Bill 1487 Compliance"
ISSUES, ANALYSIS & RATIONALE
o
BackQround
The City of Yelm developed a Transportation Plan in 1992 to meet the requirement of the
Growth Management Act (GMA) and to establish a planning document to assist the City in
developing an effective and efficient transportation system The plan was amended in
1995, 1997 and 2000 to reflect minor modifications to the 1992 plan The Transportation
Policies component of the comprehensive plan has now been modified to reflect the
following
1 Y2/Y3 Corridor Preferred Alternative
The 2000 amendment adopted the corridor plan and specific route location for the
Y2jY3 Corridor with all existing documentation, including the Environmental
Assessment. This amendment incorporates the preferred alternative for the
Y2jY3 Corridor, which provides an alternative route to bypass the urban core as a
solution to congestion on Yelm Avenue Traffic from the south and east heading
towards Olympia, and vice versa, would bypass the core via a new road corridor,
a 6 4 mile three-lane highway designed to meet state highway standards adopted
by WSDOT Yelm Avenue/First St will be freed to serve primarily local traffic.
2
"Level of Service" Bill Compliance
o
During the 1998 session, the Washington State Legislature passed House Bill
1487, which amended the Growth Management Act and several other statutes
relating to planning This legislation, referred to as the "Level of Service" Bill,
requires local jurisdictions to include certain speCific information concerning
transportation facilities and services of statewide significance in their
comprehensive plan A new section has been added to the Transportation Plan
o
entitled "House Bill 1487 Compliance", which includes the best available
information to comply with mandates of the Bill This amendment addresses
specific GMA planning requirements for local jurisdictions regarding transportation
facilities and services of statewide significance, changes the application of
concurrency for these facilities, and enhances the coordination of planning efforts
and plan consistency at the local, regional and state level
3
YelmjRoy Prairie Railroad line
In 1997, the City of Yelm became aware that the Burlington Northern Sante Fe
Railway was interested in discontinuing rail service over the Yelm-Roy segment of
the line It was felt that the continued availability of freight rail service to the
Yelm and Roy areas is vital to business retention and development Acquisition of
the rail corridor would preserve the line and maintain an economic link to other
communities Additionally, it would provide a possible future link to the light rail
system serving Pierce and King Counties The City applied for and received
$340,000 in grant funding to be used for acquisition, maintenance, and operation
of the Yelm-Roy segment, and enlisted financial support for the project from a
number of community sources to provide matching funds for the grant. In
November, 2000, the City purchased the 4 55 mile stretch of railroad, now known
as the Yelm Roy Prairie Line
c
Goals and Policies
The purpose of this amendment is to satisfy the policies, goals and objectives of the City
of Yelm and Thurston County Joint Comprehensive Plan and to comply with additional
requirements of HB-1487 The following Transportation Goals and Policies have been
amended
1 Goal A transportation system that is compatible with neighboring cities,
Thurston County, Washington State, and other transportation providers.
a) Regional Transportation Policy #3 To cooperate with neighboring
jurisdictions, Thursto"n and Pierce Counties, and the Washington State
Department of Transportation to address regional transportation issues.
Transportation facilities and services of statewide significance have been
added to the list of regional transportation issues
b)
Rail Preservation and Enhancement Policy #7 To preserve existing
railroad rights-of-way within the City's Urban Growth Area and connection
to the national rail network
o
The City of Yelm has acquired 4 55 miles of the BNSF Railroad line, which
will serve as a dual use bike/pedestrian and commuter/freight corridor It
will also provide the first viable option for this region to link up with the
commuter rail line which serves Pierce and King Counties
o
2
Goal A well-maintained transportation system that provides safe and cost-
effective movement of goods, setyices and people.
a) Functional Classification Policy#ll To classify Yelm's streets according to
federal, state, regional and local guidelines.
SR 507 and SR 510 have been designated as a Highway of Statewide
Significance Both are classified as Minor Arterials within the City limits
This information is required to be included in the Transportation Plan by
House Bill 1487
2 Goal Responsible funding of needed transportation system improvements with
public and private sector participation
a) Funding Sources Policy #30 To secure adequate long-term funding
sources for transportation through a variety of methods.
The Transportation Efficiency Act for the 21st Century (TEA-21) has
replaced ISTEA as a source of federal funding.
b)
Concurrency Policy #33 To ensure that any transportation improvements
or strategies required to mitigate impacts are constructed or financed
concurrent with development.
c
Complying with HB-1487 and WSDOT for coordinated planning for
transportation facilities and services of statewide significance has been
added to the City's Concurrency Management Program
Analvsis
A new section, "House Bill 1487 Compliance", has been added to the Transportation Plan,
which includes transportation facilities and services of statewide significance and meets
requirements of the Bill to enhance (he consistency of statewide transportation planning
at the local, regional and state levels
A major part of the Comprehensive Transportation Plan is the Transportation
Improvement Program, which lists the recommended projects for the City and its Urban
Growth Area This amendment updates this section of the plan, and specifically the Y-2,
Y-3 and Y-13 improvements Y-2 and Y-3 are amended to include the specific alignment
of the Y2jY3 Corridor Y-13 adds the YelmjRoy Prairie Railroad Line to the list of
recommended projects
CONCLUSIONS! RATIONALE
c
This update to the Yelm Comprehensive Plan incorporates specific requirements regarding
"transportation facilities and services of statewide significance (TFSSS)" and adds a
o
section entitled "HB-1487 Compliance" This will ensure the City of Yelm is in compliance
with new requirements of HB-1487
The update has also been completed to revise projects listed within the Transportation
Improvement Plan and to add language to the goals and policies section reflecting these
changes and complying with requirements of HB-1487
STAFF CONTACT
Cathie Carlson, Community Development Director
City of Yelm
(360) 458-8408
Attachments
9 \text\pf\00036\reports\staff report trans plan update.rtf
o
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Exhibit 1- Public Hearing Notice
City of Yelm
2001 Comprehensive Plan Amendment
June 11, 2001
(J
NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
DATE
PLACE'
PURPOSE: "
Monday, June 18, 2001, 4'00 p.m.
Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
Public Hearing to receive comments on the Amendment to the City of Yelm
1997 Comprehensive Transportation Plan and Transportation Component
of the 1995 Comprehensive Plan & Joint Plan with Thurston County
APPLICANT. City of Yelm
PROJECT LOCATION. City Wide
The Yelm Planning Commission will hold a public hearing to receive comments on the
Amendment to the City of Yelm 1997 Comprehensive Transportation Plan and Transportation
component of the 1995 Comprehensive Plan & Joint Plan with Thurston County The
Amendment incorporates the preferred alternative for the Y2/Y3 Corridor, the Y-13 Yelm/Roy
Prairie Railroad Line, and includes a new plan chapter "House Bill 1487 Compliance"
(\
J
Testimony may be given at the hearing, or through any written comments on the
proposal, and must be received by the close of the public hearing on June 18, 2001
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 supporting information is available for public review during normal business hours at the
City of Yelm, 105 Yelm Ave W , Yelm WA. For additional information, please contact the
Community Development Department at (360) 458-3835
The Yelm City Council will receive the Planning Commission's recommendation regarding the
Amendment, and will review and take action on the Amendment at the regularly scheduled City
Council meeting on July 11, 2001
The City of Yelm provides reasonable..?ccommodations to persons with disabilities. If you need
special accommodations to attend or participate, please call the City Clerk, Agnes Bennick, at
(360) 458-8404, at least 72 hours before the meeting
ATTEST
City of Yelm
) .)
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Agn-es Bennick, City Clerk
DO NOT PUBLISH BELOW THIS LINE
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Published in the Nisqually Valley News Fnday, June 8, 2001
Posted in Public Areas Wednesday, June 6, 2001
Exhibit 1- Public Hearing Notice
City of Yelm
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2001 Comprehensive Plan Amendment
June 11, 2001
NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
DATE
PLACE
PURPOSE:
Monday, June 18, 2001, 4'00 p.m.
Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
Public Hearing to receive comments on the Amendment to the City of Yelm
1997 Comprehensive Transportation Plan and Transportation Component
of the 1995 Comprehensive Plan & Joint Plan with Thurston County
APPLICANT. City of Yelm
PROJECT LOCATION. City Wide
The Yelm Planning Commission will hold a public hearing to receive comments on the
Amendment to the City of Yelm 1997 Comprehensive Transportation Plan and Transportation
component of the 1995 Comprehensive Plan & Joint Plan with Thurston County The
Amendment incorporates the preferred alternative for the Y2/Y3 Corridor, the Y-13 Yelm/Roy
Prairie Railroad Line, and includes a new plan chapter "House Bill 1487 Compliance"
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Testimony may be given at the hearing, or through any written comments on the
proposal, and must be received by the close of the public hearing on June 18, 2001
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 supporting information is available for public review during normal business hours at the
City of Yelm, 105 Yelm Ave W , Yelm WA. For additional information, please contact the
Community Development Department at (360) 458-3835
The Yelm City Council will receive the Planning Commission's recommendation regarding the
Amendment, and will review and take action on the Amendment at the regularly scheduled City
Council meeting on July 11, 2001
The City of Yelm provides reasonable accommodations to persons with disabilities If you need
special accommodations to attend or participate, please call the City Clerk, Agnes Bennick, at
(360) 458-8404, at least 72 hours before the meeting
ATTEST
City of Yelm
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Agnes Bennick, City Clerk
DO NOT PUBLISH BELOW THIS LINE
11J
Published in the Nisqually Valley News. Friday, June 8, 2001
Posted in Public Areas Wednesday, June 6, 2001
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VISITOR SIGN IN SHEET
Please sign in and indicate if you wish to speak at this meeting or to be added to the mailin~llist
to receive future agendas and minutes
ALL CITY PLANNING COMMISSION MEETINGS ARE AUDIO TAPED FOR INFORMATION ON OBTAINING
A COPY PLEASE CALL YELM COMMUNITY DEVELOPMENT DEPARTMENT AT 360-458-3835
MEETING: YELM PLANNING COMMISSION
DATE: June 18, 2001
TIME: 400 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS
Public Hearing(s): 1.
Yelm Creek Comprehensive Flood Hazardous Management Plan
2.
Amendment to Yelm Municipal Code, Title 17, Zoning, creating a
new chapter relating to regulation of adult businesses
3.
Amendment to City of Yelm 1997 Comprehensive Transportation
Plan and Transportation Component of the 1995 Comprehensive
Plan & Joint Plan with Thurston County
NAME & ADDRESS
MAILING LIST? / SPEAKER?
(Indicate which public hearing by
the assigned numbers above)
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1
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VISITOR SIGN-IN SHEET continUed.~.,)"""
NAME AND ADDRESS
MAILING LIST? / SPEAKER?
(Indicate which public hearing by the
assigned numbers above)
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City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, JUNE 18, 2001, 4:00 P M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W.
1 Call to Order, Roll Ca", Approval of Minutes -
May 21, 2001 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 Creek Comprehensive Flood Hazard Management Plan_
Applicant:: City of Yelm
Location City Wide
Staff Report Enclosed
4 Public Hearing - Amendment to Yelm Municipal Code Title 17, Zoning, creating a
new chapter relating to the regulation of adult businesses.
Applicant. City of Yelm
Location- City Wide
Staff Report Enclosed
5 Public Hearing - Amendment to the City of Yelm 1997 Comprehensive
Transportation Plan and Transportation Component of the 1995
Comprehenisve Plan & Joint Plan with Thurston County_
Applicant.. City of Yelm
Location: City Wide
Staff Report Enclosed
6 Other'
7 Adjourn -
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities If
you are a person with a disability in need of accommodations to conduct business or to participate in
government processes or activities, please contact Agnes Bennick, at 360-458-8404 at least four (4)
working days prior to the scheduled event.
All Planning Commission meetings are audio taped, for information on obtaining a copy please call
the Community Development Department at (360) 458-3835
-MONDAY, JULY 2,2001 MEETING CANCELLED-
NEXT REGULAR MEETING, MONDAY, JULY 16, 20014-00 P M
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YELM PLANNING COMMISSION MINUTES
MAY 21 , 2001 , 4 00 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
The meeting was called to order at 4 00 P m by Tom Gorman
Members present: Tom Gorman, John Thomson, Don Carney, Ray Kent,
Margaret Clapp, Joe Baker, EJ Curry, and Roberta Longmire
Staff' Cathie Carlson, Tami Merriman Council Liaison Glen Cunningham
Members absent: Glenn Blando
Approval of Minutes:
01-13 MOTION BY RAY KENT, SECONDED BY JOHN THOMSON, TO
APPROVE THE MINUTES OF MAY 7,2001. MOTION CARRIED.
Public Communications None
PU BLlC HEARING: Yelm Multi-Family 44 Unit Complex BSP-01-8275- YL:
Applicant: Wally Trace & Associates
Proposal: To construct a multi-building apartment complex for a maximum
of 48 units and to segregate the parcel from the Safeway site through a
binding site plan The applicant has proposed two options for the building
locations and type The proposal includes provisions for stormwater, street
improvements, open space, and landscaping
Location: The project is located on Vancil Road, SE of the intersection of
Vancil Road and Yelm Ave (SR507), directly South of Safeway, and Wast
of Curry Court SE, Yelm, WA.
Mr. Gorman opened the Public Hearing at 4 00 pm
Please see Attachment A for transcript.
Mr. Gorman closed the Public Hearing at 5 10 pm, and called for a motion
on the project.
The Commission discussed possible conditions Mr. Gorman stated that one
condition would be ingress and egress on the east side of the property Mr.
Gorman stated that he would like to see something greater than a 6'
vegetation or some type of screening there that would provide more privacy
on the South side of the development.
Ms. Carlson stated that the code states that they have to provide a 15' buffer
strip, and that the plant material has to be 8' tall within 3 years The fence
would be on the property line, and the planting would be inside the fence, on
the development side The 15' buffer separates the difference in zoning,
where on the East side of the development, only an 8' buffer is required
because it is compatible zoning
Mr. Carney asked if it would be possible to have the certificate of occupancy
and the intersection at Vancil issued at the same time?
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Ms. Carlson. The traffic study did not show that the level of service at the
intersection would be at or below what the City Council has approved for our
acceptable level of service in our Transportation plan We could not require
that as a condition
Ms. Clapp stated that they are paying a traffic impact fee of $21 ,000 Is that
earmarked for the Vancil intersection, or just in general?
Ms. Carlson responded that the TFC charge will be put in the TFC fund, and
that we already have funding appropriated for the Vancil Road intersection
01-14
MOTION BY MARGARET CLAPP TO APPROVE THE PLAN SUBJECTTO
AN AGREEMENT WITH THE DEVELOPER AND SAFEWAY IN
PERPETUITY, CONDITIONS RECOMMENDED BY STAFF, AND ALLOW
STAFF TO OVERSEE THE DEVELOPMENT AND NUMBER OF UNITS
THAT THE CODE REQUIREMENTS ALLOW.
THE MOTION DIED FOR LACK OF SECOND.
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Mr. Kent voiced concern that this project seems to have issues that are
unresolved, access through Safeway, how many units will be built. Is there
adequate space for parking I am not clear on how high the fences will be
Mr. Gorman stated that he felt that staff is requesting flexibility to operate
within the City Codes and requirements It won't change the look of the
project very much
Mr. Baker stated that we haven't shown the citizens that we are going to
change Vancil Road, we haven't shown them that we have adequate water
supply, we haven't shown them that we have septic supply or anything yet.
Mr. Gorman stated that water supply is a condition of approval, Vancil Road
is a separate issue Mr. Gorman asked for confirmation that the
development does have adequate septic availability
Ms. Carlson stated that they do, as determined through the application
review
Mr. Gorman asked what legal options does a proponent have, on a project
that meets all City requirements, if the City does not act on their request.
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Ms. Carlson stated that they would go through the same process that the
private sector would, they could appeal to the City Council If they didn't
agree with City Council, they could take it to Superior Court. The City would
have to have findings that the project does not comply with our requirements
Ms. Clapp stated that the items that seem incomplete are very objective It
is not making a call on aesthetics, it is very objective Either they meet the
numbers or they don't.
Yelm Planning Commission
May 21, 2001
C \Community Development\Planning Commission\Minutes and Agendas\pc 2001 min\05 21 01min wpd Page 2
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Ms. Carlson stated, that in defense of the applicant, the applicant originally
proposed 44 units In staff review it was found that they had not maximized
the density bonus The applicant then asked to be able to vary his plan to
optimize that density bonus Ms. Carlson stated that this part of land use
approval is very conceptual If we agree that this conceptually meets all of
our code requirments, provided all conditions are met, then land use
approval is granted At Civil review and approval is where they show that all
conditions of approval are met.
The Commission and staff discussed the possible options for continuing the
Public Hearing, or requesting more information
01-15
MOTION BY JOHN THOMSON, SECONDED BY RAY KENT TO ACCEPT
THE CONCEPTUAL PROPOSAL TO CONSTRUCT MULTI-FAMILY
APARTMENT DWELLINGS ON THIS SITE, PROVIDED THAT THE
COMMISSION RECEIVES ADDITIONAL INFORMATION:
1. SATISFACTION FROM THE CITY ENGINEER THAT THE FIRE FLOW
IN THAT AREA CAN HANDLE THIS ADDITIONAL CONSTRUCTION.
2. CONFIRMATION OF EGRESS THROUGH SAFEWAYTO THE EAST.
ALL MEMBERS WERE IN FAVOR, THE MOTION CARRIED.
Ms. Carlson reminded the Commission of the Joint Thurston County
Planning Commission meeting scheduled for June 19, 2001 and asked if any
Commissioners were interested in attending
Ms. Carlson invited Planning Commission member to attend a field trip to
Muck Creek, in Roy, to look at a creek restoration project. The trip is
scheduled for Thursday, May 31, at 200 pm Muck Creek is similar to Yelm
Creek, and this type of restoration project could be something that we could
do in Yelm Creek.
Ms. Carlson stated that there will not be a meeting on June 4th, the next
meeting will be June 18th
01-016
MOTION BY JOHN THOMSON, SECONDED BY RAY KENT, TO
ADJOURN THE MEETING. MOTION CARRIED.
Meeting adjourned at 5 40 P m
Tom Gorman, Chair
Date
Yelm Planning Commission
May 21, 2001
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May 21, 2001 Planning Commission Public Hearing
Yelm Multi-Family, 44 Units Binding Site Plan
Hearing Transcription
Mr. Gorman opened the Public Hearing at 4 00 pm Mr. Gorman asked if any
Commission Member had a possible conflict of interest There was no conflicts Mr.
Gorman asked if anyone in the audience objects to any member participating There
was no objections Mr. Gorman asked if any member had received any information
regarding this project, other than in their Planning Commission agenda package There
was none Mr. Gorman asked Ms. Carlson to provide a staff report
Ms. Carlson.
In addition to the written staff report, I would like to add a couple issues and clarify a
couple of issues In your packet you received 2 site plans, site plan A and site plan B
The applicant submitted site plan B with their original application, and submitted site
plan A as an alternative There are still the same number of units What we are asking
today is flexibility with the site plan so that they can accomplish the maximum density,
and still stay within the requirements of that zoning For example, the height of the
buildings can not be more than 40 feet, and they can meet the maximum density
requirements To be fair to all of the citizens that are here, we wanted to make it clear
that there could be some flexibility in the final design layout from what was originally
sent out. The site plans to not vary a great deal
Mr. Gorman. Is the flexibility between now and the time that the project is finalized?
Ms. Carlson. Yes, because the original plan was for 44 units, but with a 20% density
bonus that is allowed by code, they could build up to 48
Mr. Gorman. For the benefit of the folks here, what would be something that you might
envision being changed between what we have now and the final plan?
Ms. Carlson. If you look at plan A, the footprint of the two buildings running North and
South, may add one more unit, they may opt to add another building where the
proposed garages are located to achieve the highest density The buildings will not
increase in height, and the applicant will need to maintain the 25' rear setback
The original proposal was for 44 units, but the code does allow for a 20% density
bonus, which would make the maximum units allowed up to 48 The applicant is asking
for the flexibility to see if they can make their plan work for 48 units The applicant will
still be required to meet all landscaping, stormwater, and parking requirements
In regards to the transportation to the site, the primary access is from Vancil Road, it
will be connect to the Safeway site for both auto and pedestrian access The
intersection of Vancil Road and Yelm Ave, was evaluated in the traffic report. It
currently operates at what we call level of service C, which is an acceptable level to the
City With the increase of traffic from this project, it will remain at a level of service C
May 21 2001 Planning Commission Public Hearing
Yelm Multi-Family 44 Unit Binding Site Plan
Attachment A
Page 1 of 14
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For Yelm Avenue, the City Council has chosen to adopt a level of service F, because of
the problems with Yelm Ave The City is in the process of working on an improvement
project for that intersection, where Vancil Road will curve out towards Rite Aid making a
true angle for the existing light. That project will probably not occur until about this time
next year
The site plan that was submitted was short a couple of parking stalls, and if they add
more units, they will need to further increase the available parking
As a multi-family development, the applicant is required to provide 10% of the site as
open space, however, the language for density bonus states that you need to
significantly improve the open space to receive the density bonus The applicant is
proposing to provide a sports court, and a "big toy" play area for children The open
space in the middle of the proposed parking area, the applicant is proposing significant
landscape features, such as a pedestrian plaza, maybe fountains and that type of
function
School mitigation has been addressed through the SEPA process
The transportation Facility Charge is based on 0 60 trips per unit, as per our ordinance
Mr. Gorman. Called on the applicant for any comments
o Mr. Gordon Rush, representing Trace and Associates, owner
Mr Rush used the site plan display to describe the proposal
This is the area that we are proposing more active recreation (the SE corner), and more
passive recreation here (the northern open space area) Right now, there is really
nothing in this area, this would be either extensive landscaping, gazebo or picnic area.
The parking issues, if we are short parking it would be picked up over here (near the
proposed garage area) We may end up losing a garage unit or two to have enough
room for parking As far as going from 44 to 48 units, it would just be one more unit
added on the end of the proposed structure(s) Other than that I would happy to try to
answer any questions
Mr. Gorman. Lets get comments from the public first Now is the time for folks to
speak. We will start with Mike Buettner
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Mike Buettner' Basically I am opposed to the whole project. A couple of things I have
concerns over are the realignment of Vancil Road I was told that, that was going to be
done before Rite Aid was in, and I asked why it wasn't installed after Rite Aid went in, I
was told that the City did not have the matching funds from the State, and didn't know
when that street realignment was going to happen The City has no funds to do that
realignment. They keep talking about it, but, every project that comes in, it gets side
stepped The street intersection up by the theater, the only reason that light is going in
is because the developer, I was told, has paid for it out of his own pocket, because the
City doesn't have the funds to put that street intersection in Also, the water pressure
They don't say anything about that, but my water pressure, I live on Prairie Heights,
May 21,2001 Planning Commission Public Hearing
Yelm Multi-Family 44 Unit Binding Site Plan
Attachment A
Page 2 of 14
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just a block and one half or two blocks from that location, and it fluctuates from down to
40 to 120, depending on the time of day and the usage I don't see how 44 units is
going to impact the water pressure in that area. Are we going to have any water
pressure when they get done doing this? That is basically everything I've got.
Theresa Karayianes I also live in the same community, and I also oppose the
apartment building to be built. I also have problems with the water pressure
occasionally when my neighbors are sprinkling their lawns, so dealing with an
apartment building, I'm sure it going to be worse Hopefully everyone here will oppose
this building being built because we definitely don't need it in our neighborhood
Tom Isom. This project will border me on two sides, and the way this looks, this
playground area, is going to be almost in my yard Will I end up with all their garbage
and stuff from the playground in my yard, people running thru my yard This whole
thing is way out of line I got a mountain view that I am going to lose over this The
street improvements, we were told, like they say, before Rite Aid went and opened, this
was going to be done Now we are going to have an auto parts store there, this is going
to impact it some more There are numerous things that are, you know Basically this
is a cul-de-sac operation, right? Wasn't it in the City's Comprehensive Plan to get rid of
cul-de-sacs? Stay away from it?
Ms. Carlson. With the Y2/Y3 Corridor, Vancil Road was not to be connected to the Y2
At this point, it looks like Vancil Road will be cul-de-saced at the end, although City
Council reserved the right to re-evaluate that design For right now, it will be cul-de-
saeed For this project is considered a private driveway It is different than a
subdivision, where you have different lots In an apartment complex, once you enter
the site, it is basically their driveway and parking lot Connection through from one
private property to another is not required
Mr. Isom. That road behind safeway is just a fire lane when it was put in The road has
no crown, it is an inverted crown in the road Noise I get enough noise from Safeway
now from their refrigeration and stuff I don't really want too much more traffic
Basically, like I say, its gonna decrease my land value That's about all I have to say
Alf Birkland. I think that they have basically covered it, I have no comments other than
the Vancil Road intersection at Yelm Ave It's a mess You get 3-4 cars in there and
get a light change, the 3rd or 4th car doesn't get out of there until the next light change
We got plenty of traffic, without having more places for people to drive their cars
Emilie Greenwell. I live on 107th Ct., and my property backs up to, and will be sharing a
fence with the propose project. My husband Jeff and I are here to say that we
adamantly oppose, and are pleading with the City to please reject the proposal On a
lot of points First of all property value We are really concerned with the resale value
of our property, you know having these units backing up to our property I know people
in similar situations in Oregon where they've lost property value when a similar type of
property moved into their neighborhood We are concerned with our privacy Having
people right in back of us We were told when we moved in this property would not be
May 21,2001 Planning Commission Public Hearing
Yelm Multi-Family, 44 Unit Binding Site Plan
Attachment A
Page 3 of 14
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developed It was a major consideration when we bought our house We weren't
expecting that. Looking at the site plans, our back fence will be right next to a parking
area. I am envisioning exhaust, cars starting right at my fence in the middle of the
night. A lot of really disgusting stuff I've lived apartments before, there is lots of trash
Who's gonna be responsible when trash starts coming over my fence and into my back
yard Drainage issues, is there sufficient drainage areas, is it included? I'm also
concerned about losing the wildlife in that area. There are rabbits, there are birds in
there It is a really pleasant place to live right now We have a nice little greenbelt
behind our house This is not a huge space to be cramming in 44 - 48 apartments It is
going to be ugly to look at. There is a lot of area in Yelm, there must be somewhere
else, we really don't want to see this in our back yard
Clifford Smith. I think everybody has touched on everything I wanted to say I am kind
of concerned about the little creatures we are going to be missing We have some blue
Jays Blue Jay Manor Apartments is named because there is Blue Jays there all the
time I'm really gonna miss them, we got the little bunny rabbit. We got all kinds of little
creatures coming around Where are they gonna go? There's no place for them I'm
concerned about the traffic as well I'm concerned about the rif raf Its not exactly
anything nice for them to look at, nothing to look at except the back of Safeway I'm
kind of concerned about the kind of people that will be coming in Like everybody said,
we are definitely gonna end up with all their garbage I'm pretty concerned about this
Dennis Baker: I don't have any comments, I thought it was just a sign in sheet
Edmond DeSoto. I live on 107th Ct. also I was looking for a place to retire, found this
community here, it was a nice little community, and decided to purchase a house
Pretty much used all of my resources to purchase this house To be right up front, if I
had any inkling that there was going to be apartments there, I wouldn't have bought this
house I was told, I do understand, it has been clarified that the zoning is something
else That part of it is on us to accept that. Several of us were placed under the
opinion that it was a greenbelt. It is a lovely greenbelt. They have mentioned all the
creatures, especially the Blue Jays I am amazed at the Blue Jays, where I'm from they
don't have Blue Jays My back yard is right there I'm gonna have 2 stories right there
The second story is not only gonna look in my back yard, but guess what, my bedroom
is there too So I guess I will go ahead and completely seal my windows so that I don't
have them looking into my bedroom When it starts to get warm, you want to open your
windows You can't open it without feeling that someone is intruding into your privacy
Because it will be 25 feet away from the border They will be looking into my bedroom
I'm not saying that they will be peeping toms, all they have to do is look that way, and it
will be seen I'm getting ready to retire I am military so I am used to moving into areas
where there's transit people moving in and out. My initial concern of having duplexes in
that area was partially that people would not be so concerned with what is there You
know, only staying there temporarily then go With duplexes there is a little more
stability You start talking about apartment complexes, that means more people are
moving in and out. That is just my personal side of it. Then there are the other things
that were mentioned The traffic over there I got to the light with 3 cars in front of me,
and I had to stop at the light. I guess there are ways of adjusting that and fixing that.
May 21 2001 Planning Commission Public Hearing
Yelm Multi-Family, 44 Unit Binding Site Plan
Attachment A
Page 4 of 14
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Well, if this does happen, hopefully that will be taken care of This is going to have a lot
of pavement. Its going to put in a lot of parking spaces With all the rain, where is it
going to go? Chances are its gonna flow to the sides Either back to our area, onto
Vancil Road, or into the valley or the trailer court. Garbage Oh my gosh Even if you
make the first brand new garbage cans in there, fine But after that first week, those
things are terrible I understand that they did readjust the location of the dumpsters
That they wouldn't be at the corner of the homes But hopefully it wont be closer to the
other homes We are not only talking about smell, we are talking about the vermin that
is going to be ever present. No body can help that, while that stuff is there You are
going to have 44-48 apartments there This is the top of my trash can, when it is full I
put it in another container and I pay for an extra can, or I hold it and hope that I don't fill
it up the next time That doesn't happen It gets tossed up until it just piles up That
just is going to promote more vermin Today I put my trash can out without the cover
Guess what? The crows started tearing everything up That's not gonna happen there,
because this apartment or that apartment is not responsible for the garbage can All
they care is that they have a place to put it. Exhaust. Exhaust really stinks when you
start getting these buildings and fences It just settles in I don't know if this decision
has already been made, and if this is just a formality Please can we put in some kind
of requirement. Maybe they take the 10 foot easement and transfer some of those
filbert trees over there so the birds can still have something there Maybe they can
plant some of those fast growing trees, what is it? Spruce and Cedar that grow up in
the air to create some privacy for our homes That's not giving up, it is a desperate plea
if the decision is already made Maybe these types of things can be required so that
we can at least try to keep it. I hope that I can stay there and still be happy
Melissa Howard. I live on Curry Ct. Our concern is not so much the view that we could
lose A lot of these worries are the trash that will be impacted from all the residents If
they are talking 44 - 48 units, given the impact of the automobiles Lets say that each
unit has 2 vehicles, you will double the number in autos The number of people that
you are going to cram into those units The impact that also develops are the kids that
are in the neighborhood now There are a lot of kids that go back and forth Vancil My
concern is all those cars They are renters, unfortunately you do have rif raf that come
through You get a lot of younger folks that don't care They do not take care of where
they live The impact on the kids Somebody could get hurt there I was not aware of
the light up at Vancil and Yelm Ave, the change that was to take place there But with
all the extra autos, what kind of impact is that going to have? Is there a chance of
having another entry/exit on the opposite end of the property, on the other side of
Safeway? They would exit out that way, as well or a main street out there I don't know
if there is room behind the trailer court The greenbelt is very nice, to see the animals
there If they can save some of it, save some of it. My other concern is the impact of
renters How is that going to affect my property value, as well as everyone else's
Kathern Acoba. I live on 107th Ct. Everyone has talked about the concern about the
trash The trees that are going to go up at the fence, what kind are they?
C Ms. Carlson. responded, Douglas Fir
May 21 2001 Planning Commission Public Hearing
Yelm Multi-Family, 44 Unit Binding Site Plan
Attachment A
Page 5 of 14
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Ms. Acoba. I planted my doug/as fir, this tall It grew one hands width in one growing
year How tall are the trees going to be?
Ms. Carlson. 6 - 7 feet tall to begin
Ms. Acoba. So the second story people can still look over into the private back yards
Renters, Transient people, they don't care about the kids that run around to play safely
in the streets, on the sidewalks They will get run over, killed whatever What type of
guarantee can you give us as far as background checks for those people going to rent
the apartments?
Ms. Carlson. The City would not run background checks, that would up to the property
owner or property management.
Ms. Acoba. I'm looking at the bad side of things now, like drug use all that kind of stuff
We can't have kids running around areas like that. We don't need that.
Mr. Gorman asked the Planning Commission members if they had any questions for
staff or the applicant.
Mr. Thomson. What is the fire flow rate for the City in pressure?
Ms. Carlson. I don't know that. Tim Peterson would know the answer to that. It was
evaluated by the City Engineer and they were required to bring their line in and loop it,
so that they would have the fire flow pressure required It was evaluated, but it wasn't
brought forward as a concern or condition of approval by the public works office
Mr. Thomson. So the City Engineer designate the size of line they would run to meet
the fire flow and signed off that the fire flow and pressure would be met.
Ms. Carlson. Yes, and they also have to do a fire hydrant test again
Mr. Gorman. Can you explain the responsibility of the developer regarding the
retainment of stormwater
Ms. Carlson. The applicant submitted a preliminary stormwater report that looks at the
new impervious surface, the amount of stormwater that would be generated by that.
They have proposed a stormwater system All of it is underground That has been
reviewed by the City Engineer The preliminary calculations look accurate, but we do
require that the applicant go through a second analysis when they do their final Civil
drawings and we know the exact impervious surface and make sure that they are
meeting the 25 year storm flooding, and that the stormwater is being captured and pre-
treated
Mr. Gorman. Can you also address what recourse the property owner has if the
adjacent property owners' trash or whatever comes over on their property
May 21,2001 Planning Commission Public Hearing
Yelm Multi-Family 44 Unit Binding Site Plan
Attachment A
Page 6 of 14
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Ms. Carlson. The City doesn't tend to get involved in those types of situations, because
it is a neighbor to neighbor dispute If it becomes a health hazard, we can call in
Thurston County Health Department, but to be honest with you, the City doesn't
become involved with those disputes. We have required as a condition of approval,
that the applicant meet with Lemay, the garbage service company, to go over the site
plan to determine how many times per week they will pick up garbage What type of
containers they need If they are not adequate, or overflowing, then they can arrange to
have a second pick up during the week, and also to make sure the enclosure can
handle both the garbage and recycle containers
Mr. Gorman. Can you give us a schematic on the white board on how Vancil Road
intersection will be realigned?
Ms. Carlson. (drew on the white board, how the intersection will be realigned and
explained that the project was stalled by an initiative) In the mean time, the City has
been obtaining the needed right-of-way The project is funded, and the City is
continuing to obtain the needed right-of-ways The City needs to go to bid in time to
allow construction in the time frame that is allowed by WSDOT We were not able to go
to bid this year It should go out to bid next year The improvement at the Clark Road
intersection is part of the overall Prairie Development project. That portion of the Yelm
Ave improvement project was broken out because we had the needed right-of-way, the
funding was secured, and the developer had a portion of the cost to pay The
developer is working with the City on that project.
(Tape 1--1450)Audience member: Asked what right-of-way is left to be secured? The
announcements that came out said that Rite Aid and Safeway had to provide land for
the right-of-way
Ms. Carlson. I am not sure, I haven't been working directly on that project. The project
starts at 4th Ave, down by Gordon's, and goes all the way down to 5-Corners, so the
entire project is more than just the Vancil Road intersection
Mr. Gorman. What does the responsibility does the developer have, if any, regarding
wildlife? I know in very big developments there is an assessment.
Ms. Carlson. There is an environmental checklist process the applicant goes through
Sites are identified for potential priority species, habitat and those kinds of things
There was nothing identified on that site that WDFW has listed as priority or
endangered Unfortunately, it is part of having an urban area next to a rural area, there
is not a lot that we can do about that.
Mr. Gorman. Can you give the audience a general overview of what a Planning
Commission does regarding zoning I think it is very important for these people to know
what the role of the Commission is We might or might not like a particular project, but
our role is not to rule on what is popular, but whether or not it fits into the applicable
codes and zoning Can you expand on that Cathie?
May 21, 2001 Planning Commission Public Hearing
Yelm Multi-Family 44 Unit Binding Site Plan
Attachment A
Page 7 of 14
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Ms. Carlson. Back in 1995, the City went through a large public process for
Comprehensive Planning Where we took a look at all the different types of land use
and interests that the City would have We laid out certain areas that would best be
suited for commercial development, multi-family, and residential We also looked at our
infrastructure to make sure that it can support those areas, and if not, how that will be
accomplished That forms the goals and policies for the City From there, you take
those and develop development regulations, and zoning code regulations that
implement those goals and objectives in the Comprehensive Plan When a project like
this comes to the City, the Planning Commission and staff are charged to review the
project under all the codes that are applicable to it. In this case, that property is zoned
commercial and apartment complexes are allowed, or they could do a different large
commercial building there There are height limitations, they can't build over 40 feet.
There are parking requirements, landscaping requirements Our job is to go through
and make sure that all of those requirements, at a minimum, are met If they aren't, we
would require some type of mitigation, or conditions of approval that will in fact then
meet the minimum requirement. It is a different story, if they had come in and wanted
to do an apartment building in an area that was zoned low-density, which is 4 units per
acre They just can't meet the zoning requirements That is when the Planning
Commission could say no, you do not meet our zoning requirements This is a case
where it is an allowed use The applicant has put together an application package that,
from staff review, and with conditions of approval that is in the written staff report, it
does meet our minimum standards
Mr. Thomson. To the applicant; Since there was a concern of privacy and potential for
garbage problems, do you have plans to put a 6' privacy cedar fence around the
property to protect the adjacent property?
Mr. Rush. The application shows a 6' cedar fence between the adjacent property
Ms. Carlson. Assuming that the project is approved, then staff's responsibility is, as the
project moves to the Civil process, staff will make sure that the applicant follows
through with the standards that are required Such as landscaping buffers required
between residential
Mr. Gorman. I think that it's important that everybody understands
Mr. Isom. That's what was supposed to happen last time too, and they came in and
pushed a bunch of my property out and never put a fence up Never gave me nothin'
for it.
Mr. Gorman. Who is they?
Mr. Isom. Whoever built Safeway
Ms. Carlson. Correct me if I'm wrong, but I believe that was an agreement you had with
Safeway personally It wasn't a condition of the project approval?
May 21 2001 Planning Commission Public Hearing
Yelm Multi-Family 44 Unit Binding Site Plan
Attachment A
Page 8 of 14
o Mr. Isom. They came in and never said a word to me, put it in the right-of-way
Mr. Gorman. Other questions from the Planning Commission, then we'll go to the
audience
Ms. Clapp. Do you have any plans for mailboxes?
Mr. Rush. We will have central mail Placement will be dictated by the postal service
Ms. Clapp. The driving situation, is the property line right down the center of that road,
or are you getting a right-of-way from Safeway
Mr. Rush. I don't know the answer to that. I know that we have an easement to use it,
but we are the only users of it. Right now it is barricaded off This road will have no
purpose, other than our use It is gated on both ends There is no access into
Safeway's building This road is only for our use, and as a fire lane for Safeway
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Ms. Carlson. Actually, I can answer that. The Binding Site Plan does take the property
line right down the middle of the road, and they have submitted a stormwater and road
maintenance agreement that both Safeway and the apartment owners have signed
along with a mutual agreement for upkeep That document will get recorded with the
Binding Site Plan
Ms. Clapp. This easement is for how many years?
Ms. Carlson. It is not easement, the property line runs right down the middle, and the
shared access that is described in the maintenance agreement runs forever with the
property It doesn't expire
Ms. Clapp. I don't know if this is appropriate for me to ask this, but would you like to say
anything about your management plans, do you just build them and sell them, or do you
manage them? Who is your potential tenant?
Mr. Rush. These will be brand new apartments, so they will be on a higher rent scale
per sq ft. per comparable apartments It's very hard I can't really talk about renters
and non-renters, and owners, I don't feel appropriate talking about that sort of
statement. The higher the rent, the more established the renter That's a known thing
As far as issues like trash, you put 48 people anywhere in the world, any subdivision,
you will get one or two people that are not clean living people The flip side of that is
that you are going to have 46 people that are As owners of facilities, if there is any
kind of nuisance problem, whether it be noise at night, cars, any issue that is a public
annoyance, I can guarantee that the bulk of the people that will live here are no
different than the bulk of the people that live over there, they will complain
C Ms. Clapp. So there will be a manager?
May 21 2001 Planning Commission Public Hearing
Yeim Muiti-Family 44 Unit Binding Site Plan
Attachment A
Page 9 of 14
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Mr. Rush. The apartments will be fully managed We would be receiving complaints in
our office
Ms. Clapp. Is Tim aware of the anecdotal reports of water pressure problems? Have
they gone out and verified recently?
Ms. Carlson. I think that historically, city wide, we had pressure problems with our
water system Especially during the summer time when our wells are being taxed at a
pretty high rate I haven't been aware of any particular problem or concern in that area.
I know that the City continually makes upgrades to our existing system, and requires
new developers to loop and put big enough size lines in so they don't have problems It
should not affect anyone else If you are already having problems with water pressure,
it shouldn't increase it. It is probably something else going on that is secondary to this
Ms. Clapp. What size is the pipe going down Vancil? They are not having to bring a
bigger one down?
Ms. Carlson No It is not that old I would assume that it is an 8 or 10 inch
Ms. Longmire. Are these 1, 2, or 3 bedroom apartments?
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Mr. Rush. Their 1 and 2 bedroom apartments, 2 % stories The definition between 3-
story and 2 % story, is that the lower story is % below grade That is why they are
called % story You do not start at ground level and go up, you start below ground
don't have the final architectural plans, give or take 24 feet, plus the roof which will
probably be a 5/12 pitch
Ms. Longmire. If it is a one bedroom apartment, what is the requirement for parking?
Ms. Carlson. It is still two stalls per unit. The only relief that we have in our code for
parking is if it is designated as senior only housing or if they are studio apartments
Studio apartments do not have a separate bedroom
Ms. Longmire. Then they are way short on parking
Ms. Carlson. The garage counts as parking It is in the staff report that they have to
meet the parking requirements to continue with the project.
Ms. Longmire. What I am concerned about is there is no space here, where people can
park and have visitors, and there is no space internally for visitors either There are not
that many spaces So what are we going to do with visitors?
Ms. Carlson. Our parking code does not require visitor parking This is our minimum
standard
o Ms. Clapp. Is there parking along Safeway?
May 21 2001 Planning Commission Public Hearing
Yelm Multi-Family 44 Unit Binding Site Plan
Attachment A
Page 10 of 14
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Ms. Carlson. No, Vancil is not a collector, parking is not allowed
Mr. Carney: How long has this property been zoned C-1?
Ms. Carlson. Since 1995
Mr. Carney: Current zone allows 40 dwelling units for the project area. Unless they get
the 20% density bonus, they are held at 40 units
Ms. Carlson. 16 units per acre would make 40 To get the density bonus, they have to
meet certain criteria. They proposed to make the necessary improvements the sport
court, the big toy, and do a significant landscape project in the open space
Ms. Clapp Can they bond for that?
Ms. Carlson. They must submit a plan that meet minimum standards Those would
have to be constructed at the same time as the apartments are constructed They
could not have occupancy until those improvements are done, unless it happens to be
at the very hot time of year and it is not good to plant trees They may be allowed to
make an assigned savings account, where they need to put 1 5 times the amount of
money into a bank account, and then weather permitting they must plant.
Mr. Carney: On Vancil, how many lanes are we going to get? Are we getting a right
turn lane?
Ms. Carlson. Yes, when it comes up to the light, there will be a right turn lane and a
pedestrian island between the right turn lane, and the main intersection crossing
Mr. Thomson. Can Safeway prohibit you from exiting to the East? Is there an
agreement with the developer? There was a concern of people here of everyone going
out to Vancil Road to the traffic light. It was mentioned that the road would also go into
the Safeway parking lot to the East. Is there an agreement that Safeway cannot cut
that off, or say you no longer can drive cars there?
Mr. Rush. Safeway is not the sole owner of all the land out there They have sold some
of the property, where the Mailbox etc , the Papa Murphy are In specific answer to
your question There is some Safeway land driven across here, I need to check on
what the easement situation is It is my understanding that there is access all the way
through I need to check on that.
Mr. Thomson. I have got the feeling that a lot of people here are very concerned about
traffic, and they might feel better if the flow of that traffic, if the people going East would
not even have to go onto Vancil Road, they could go out through the parking lot. It
would certainly reduce the congestion Is there some permanent agreement?
Ms. Carlson. What we could do, if we so chose, is to add that as a condition of
approval, that the easement gets recorded on the face of the Binding Site Plan that gets
May 21, 2001 Planning Commission Public Hearing
Yelm Multi-Family, 44 Unit Binding Site Plan
Attachment A
Page 11 of 14
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recorded Then it would run with the land, and it can't be taken off the property, unless
all the property owners agree
(Tape 1--2563) Audience Comment: The road access from Vancil into the apartments is
pretty tiny Are they going to make it bigger with an entrance and an exit?
Ms. Carlson. Yes, it is a full width with one driving lane each way, and a sidewalk on
one side
Ms. Clapp. Could they make it wide enough to allow street parking?
Ms. Carlson. That would be one way to get more parking, to meet there standards
(Tape 1--2646) Audience Comment. As far as going through Safeway parking lot, into
Yelm Ave, all that you can do is go to the right You can't turn left out of Safeway and
go across and go down Yelm Ave
(Tape 1--2682) Audience Comment: Where can a citizen go to be heard, what recourse
do we have?
Ms. Carlson. Citizens are welcome to speak to the City Council Our Subdivision
ordinance places the approval authority with the Planning Commission
o Mr. Gorman. The process may not provide recourse, but I would assume that you could
go to City Council on anything
(Tape 2 --14) Audience Comment: Why then are we here, where can we go to be
heard My concerns are not about things that are regulations, my concerns are about
my home, and my quality of life Obviously this Commission is not going to hear that,
so where do I go?
Ms. Carlson. City Council decides policies and goals, and adopts all rules and
regulations When we did our comprehensive planning back it 1995, we had a huge
community outreach, did a lot of visioning, had a lot of different input from various folks
in the community, and have not really gone back to that process It is not a process
that you go thru every 5 years, it is more of a process that you go through every 10
years There are opportunities, we have different committees that you can serve on,
the City Council meetings are a great place that you can come and voice your
concerns
(Tape 2-- 46) Audience Comment: Do we have time to take this to them? Or is this out
of our reach?
o
Ms. Carlson. Through the appeal process There is an appeal process that you can
take to City Council if you disagree with the Planning Commission's decision
(Tape 2 --57) Audience Comment: Will you be making that decision today?
May 21,2001 Planning Commission Public Hearing
Yelm Multi-Family, 44 Unit Binding Site Plan
Attachment A
Page 12 of 14
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Mr. Gorman. Probably, if we have the information needed, we will make a decision
Ms. Carlson. After the decision is made at this body, there is a 14 day period that you
can file a formal appeal to City Council After the meeting I can get you the forms
Mr. Gorman. The Planning Commission will probably make a decision today, probably
have conditions of approval, access, barriers, what ever Cathie will be available after
the meeting, assuming that you are not happy with the decision, for you to identify what
your next step might be
Ms. Curry: I would like to see a final site plan that shows all of the parking, I'm with
Roberta, I can't believe that you are going to put 40 families in here, and they are not
going to have company sooner or later Where are they going to park? This is not a
final plan and you are asking us for approval for a final plan
Ms. Carlson. I ask that you give staff the discretion to make sure they meet those
requirements
(Tape 2 -- 109) Audience Comment: Is there a starting date for starting the project?
(Tape 2 - - 113) Audience Comment: One of the things that distresses me a little bit,
when these are going on, from what I understand, is when a project like this happens,
the people that live there, must be notified of it. It is going to be backed up right against
my property Some people next knew, and then skipped me, skipped the people next
to me, and I think it skipped that people next to them How do we know, people are not
finding things out.
Ms. Carlson. Sometimes what happens is, when information is gotten on adjacent
property owners through Thurston County Assessors Office, and sometimes they can
be 6 months to a year behind in having the correct property owners listed So if it was a
vacant before, or a previous property that got the notice There is only so much that we
can do, because that is the most accurate and up to date information that we have
Hopefully, that's what happens, you learn about it from your neighbor and there was a
notice posted on the property
Emile Greenwell. I heard about this for only 10 days, I think we should have known
about this much longer Had I had time, I probably would have gone out and gotten a
petition and done what ever I could do to let the City know that I am unhappy about this
(Tape 2 - 166) Audience Comment: I just wanted to know if there was an approximate
date for start of the project and how long will it take
Mr. Rush. It is tentative for summer, but is of course subject to permitting Probably 8 -
10 months to complete
(Tape 2 - 179) Audience Comment: Are these buildings required to have fire sprinkler
systems in them? If so are you going to have to put pumps in to maintain the pressure?
May 21 2001 Planning Commission Public Hearing
Yelm Multi-Family 44 Unit Binding Site Plan
Attachment A
Page 13 of 14
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Mr. Rush. The fire sprinkler situation will be worked out at building permit stage, then
based on pressure If we are required, it will depend There are a lot of variables that
determine whether you have to sprinkle a building or not. There are different things you
can do to not sprinkle a building, depending on material used in construction Based on
the pressure that we have, that will determine whether we need a pump to drive the
sprinklers if they were required
(Tape 2 - 204) Audience Comment. I am concerned about this water pressure, no one
seems to know how much pressure is out there Its become annoying
Mr. Gorman. The approval process does require that water issue be addressed That is
really almost separate from this body in that it needs to be addressed, but a user
satisfaction or dissatisfaction with the system, I would suggest that you address it to the
Public Works, or to City Council
Ms. Carlson. Public Works can give you a better overall picture of what the water system
is, and what the pressure is in your area.
(Tape 2 - 225) Audience Comment. 0 K., so the water pressure has to be signed off before
you can give the go ahead? You can't give the go ahead and then find out the water
pressure is inadequate to supply the facility
Ms. Carlson. Correct, there are minimum fire code standards that need to be met, prior to
construction Preliminary Calculations appear adequate, but they will need to do some
final testing
Mr. Gorman. Asked if there was anything more from the audience
Mr. Gorman. If there are no more questions from Planning Commission members, we will
close the hearing, it is 5 10 PM
May 21 2001 Planning Commission Public Hearing
Yelm Multi-Family 44 Unit Binding Site Plan
Attachment A
Page 14 of 14
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
1\ to receive future agendas and minutes
iJ
ALL CITY PLANNING COMMISSION MEETINGS ARE AUDIO TAPED FOR INFORMATION ON OBTAINING
A COPY PLEASE CALL YELM COMMUNITY DEVELOPMENT DEPARTMENT AT 360-458-3835
MEETING: YELM PLANNING COMMISSION
DATE: May 21,2001
TIME: 400 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS
Public Hearing(s): 1.
Yelm Multi-Family, 44 Units Binding Site Plan
BSP-01-8275-YL
NAME & ADDRESS
MAILING LIST? / SPEAKER?
(Indicate which public hearing by
the assigned numbers above)
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City ofYelm
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105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, MAY 21,2001,400 P M.
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W.
1
Call to Order, Roll Call, Approval of Minutes -
May 7,2001 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 Multi-Family, 44 Unit Complex. BSP-01-8275-YL
Applicant:: CDA Architects
Location The project site is located SE of the intersection of Vancil Road and Yelm Ave
Proposal 44 Unit Multi-Family Development on 2 51 acres The proposal includes provisions
for stormwater, street improvements, open space, and landscaping
Staff Report Enclosed
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Other'
5
Adjourn -
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities If you
are a person with a disability in need of accommodations to conduct business or to participate in
government processes or activities, please contact Agnes Bennick, at 360-458-8404 at least four (4)
working days prior to the scheduled event.
All Planning Commission meetings are audio taped, for information on obtaining a copy please call
the Community Development Department at (360) 458-3835
**MONDAY, JUNE 4, 2001 MEETING CANCELLED**
NEXT REGULAR MEETING, MONDAY, JUNE 18, 2001 4:00 P M
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YELM PLANNING COMMISSION MINUTES
MAY 7,2001,400 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
The meeting was called to order at 4 00 P m by John Thomson
Members present: John Thomson, Don Carney, Ray Kent, Margaret Clapp,
and Glenn Blando
Staff' Cathie Carlson, Tami Merriman
Members absent: Roberta Longmire, excused, Tom Gorman, excused,
EJ Curry, and Joe Baker, excused
Approval of Minutes:
01-10 MOTION BY MARGARET CLAPP, SECONDED BY RAY KENT, TO
APPROVE THE MINUTES OF APRIL 16, 2001. MOTION CARRIED.
Public Communications None
Final Plat Review - Prairie Wind Estates, SUB-01-8278-YL:
Applicant: Rainier General Development
Proposal: The applicants final plat application includes 24 single family
residential lots The proposal includes the construction of stormwater facilities,
open space, and street frontage improvements on Cullens Street
Location' The project is located on the west side of Cullens Road, just north
of the Cullens Road and Coates Avenue intersection
Ms. Carlson gave a brief report of the final Plat Review Ms. Carlson stated
that items 2, 6, 7, & 22 of the staff report have all been addressed with an
assigned savings agreement.
Ms. Clapp asked the applicant why the development was changed from a
townhouse development into single family residential The applicant, Doug
Bloom responded that a market research study of the area indicated that the
public desired single family housing
01-11 MOTION BY MARGARET CLAPP, SECONDED BY GLENN BLANDO TO
RECOMMEND FINAL PLAT APPROVAL, AS CONDITIONED, TO THE CITY
COUNCIL. MOTION CARRIED.
Yelm Creek Comprehensive Flood Hazard Management Plan
Ms. Carlson gave a report on the Yelm Creek Comprehensive Flood Hazard
Management Plan, distributed to the Commission at today's meeting
Ms. Carlson stated that after much hard work from dedicated volunteers, and
money from a Department of Ecology FCAAP grant, the draft plan is complete
Public notice has been posted, and mailed to property owners along Yelm
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Creek, that the draft plan is available to the public for review, and will come
before the Commission in June for a Public Hearing Ms. Carlson asked the
Commission to review the draft plan and call with any questions
City of Yelm. 2001 Comprehensive Transportation Plan Update
Ms. Carlson discussed the proposed changes to the Transportation Plan
update The plan has been updated to include the Y2-Y3 Transportation
Corridor, and incorporation of House Bill 1487 This plan update is scheduled
for a Public hearing before the Commission in June
Ms. Carlson invited Commission members to attend the Regional Planning
Meeting in June
01-12
MOTION BY MARGARET CLAPP, SECONDED BY RAY KENT, TO
ADJOURN THE MEETING. MOTION CARRIED.
Meeting adjourned at 4 20 P m
Respectfully submitted,
John Thompson, Vice Chair
Date
Yelm Planning Commission
May 7, 2001
C \Community Development\Planning Commission\Minutes and Agendas\Pc 2001 min\OS 07 01min wpd
Page 2
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City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Date May 1,2001
To Planning Commission
From Cathie Carlson, Community Development Director
Re Final Plat for Prairie Winds (formerly Cullens Estates) SUB-01-8278-YL
Background
The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project
on July 14, 2000 The project has been under construction for the last year and the applicant filed a
completed application for final plat on April 12, 2001
The original preliminary plat was approved as a Townhouse development. The applicant has
amended the project to single family residential, which results in minor changes to the original
requirements In particular, the overlay zone of Townhouse is no longer applicable, therefore the
yard setbacks would revert to the requirements of Chapter 17 15, Moderate Density Residential (see
No 20 & 21 below) Also the Transportation Facility Charge will need to be modified to reflect the
o change in fee from a Townhouse to single family unit, per Ordinance No 15 40 (see 24a. below)
Applicant: Rainier General Development
Proposal 24 Lot, Single Family Final Plat Approval for Prairie Winds
Location The project site is located on the west side of Cullens Road just north of the Cullens Road
and Coates Ave intersection
Planning Commission Action
The Planning Commission is required to review the Final Plat for compliance with the conditions of
approval placed on the preliminary plat. After the Planning Commission has reviewed the final plat
and is satisfied that all conditions have been meet the Planning Commission shall forward the plat to
the City Council for review and approval
Staff Recommendation
Staff recommends the Planning Commission forward the final plat to the City Council for approval,
provided
1 All engineering and surveying fees for the final plat review are paid prior to City
Council review
2. The applicant provides the City with an executed Assigned Savings Account
Agreement The assigned savings account is required to complete requirements as
discussed in No 2, 6, 7 and 22 below
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Original Conditions of Approval
Sewer
1 The proponent shall connect to the City's S T E.P System There is an existing 2" line at the
adjacent property to the south A connecting four inch line shall be extended across the
frontage of the property and across the frontage of Lot 1 of SS 8119 The S T E.P System
shall be designed to City standards The applicant shall submit final civil plans to the
Community Development Department for review and approval
Completed. The applicant has submitted a bill of sale for the improvements that
will be recorded with the final plat.
2.
The three on-site septic systems and drainfields shall be abandoned to Thurston County
Health Department standards and the residences shall be connected to the City's S T E.P
System The applicant shall be responsible for all cost incurred from the abandonments and
the new connections
Due to the request of the Public Works Department Lots 1 and 3 of Short
Subdivision 8119 will be abandoned and connected after final plat. The
developer has provided the City with a copy of a settlement agreement between
the developer and original property owner regarding responsibility of payment
for costs incurred with the conversion from the existing system to the City
system. The developer is financially responsible for conversion of Lot 3 only
Lot 1 conversion will be completed by the current property owner The developer
has provided an assigned savings account to complete these improvements.
3
Two Sewer ERU hook-ups have been prepaid for this site ERU connection fees inside the
LID are divided into two methods of payment. The LID assessment fee of $1823 15 per
ERU is paid on an annual basis for 15 years and the balance of the connection fee, $2,480
(fee subject to change) is payable at time of building permit issuance The LID assessment
attached to this property is $36,463 00 At final plat, the assessment will either need to be
paid in full or segregated among the developed lots The City is currently establishing LID
segregation policy details
The applicant is completing the final paper work for the LID segregation. The
segregation documents will be recorded with final plat.
Water
4 The Proponent shall connect to the City's water system There is an existing 8" water line
located on the adjacent property to the south The line shall be extended across the property
frontage of the development site and across the frontage of Lot 1 of SS 8119 The on-site
water system shall be designed to City standards The applicant shall submit final civil plans
to the Community Development Department for review and approval
Completed The applicant has submitted a bill of sale for the improvements that
will be recorded with the final plat.
Page 2 of 6
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5
Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons
per day and are currently charged at a rate of $1 ,OOO/ERU (subject to change) inside city
limits This fee is payable at time of building permit issuance
Fees for hook-up are collected at the time of building permit issuance.
6 The applicant shall decommission the on-site well pursuant to DOE standards The property
owner shall sign a Water Rights Dedication Agreement.
The well has not been decommissioned at this time. Due to the request of the
Public Works Department the well shall be decommissioned after final plat and
Lots 1 and 3 of Short Subdivision 8119 will be connected to the City System.
The developer has provided an assigned savings account to complete these
improvements and will provide the City with the decommission papers and a
signed Water Rights Dedication Agreement.
7
The applicant shall connect the existing residences on Lots 1 and 3 of SS 8119 to the City
Water System All costs incurred with the connection shall be the responsibility of the
applicant.
Due to the request of the Public Works Department Lots 1 and 3 of Short
Subdivision 8119 will be connected after final plat. The developer has provided
the City with a copy of a settlement agreement between the developer and
original property owner regarding responsibility of payment for costs incurred
with the conversion from the existing system to the City system. The.developer
is financially responsible for conversion of Lot 3 only. Lot 1 conversion will be
completed by the current property owner.
The developer has paid for the connection fee for Lot 3 and has provided an
assigned savings to complete these improvements.
8 All open space areas and planting strips shall have an irrigation system with a separate
water meter(s) The applicant shall submit final civil plans to the Community Development
Department for review and approval
Completed.
Stormwater
9 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 The applicant shall compile a final storm water report along
with construction drawings
Completed.
10
The applicant shall submit a storm water operation and maintenance plan to the Public
Works Department for approval prior to final plat approval
Completed. The storm water operation and maintenance plan will be recorded
Page 3 of 6
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with the final plat.
The stormwater system shall be held in common by the Homeowners The Homeowners
Agreement shall include provisions for the assessment of fees against individual lots for the
maintenance and repair of the stormwater facilities
Completed The Homeowners Agreement will be recorded with the final plat.
Transportation
12 The street design for the project is a local access residential and shall be included on civil
plans The applicant shall submit final civil plans to the Community Development Department
for review and approval
Completed.
13 The applicant shall be responsible for half-street improvements along the frontage of Cullens
Street. The frontage improvements include lane improvements, curb, planter strip, sidewalk,
landscape and storm drainage The Cullens Road street section is "neighborhood collector"
Completed The applicant has submitted a warranty agreement for the
improvements that will be recorded with the final plat.
14
"Road B" shall be labeled on the final plat map as a future street connection to the adjacent
properties
Completed.
15
The applicant shall construct a driveway to City standards for tax parcel #317123110500
The driveway and driveway approach shall be located on "Road A" as shown and included on
the final civil drawings
Completed
Fire
16 The applicant shall submit fire flow calculations for existing hydrants All hydrants must meet
minimum City standards
Completed.
17 The applicant shall submit a fire hydrant plan to the Community Development Department for
review and approval
Completed.
Open Space
18 Tracts A, B, and C shall be preserved as community open space and held in common by the
property owners. The applicant shall submit a Homeowners Agreement to the Community
Development Department for review and approval The Homeowners Agreement shall
include provisions for the maintenance and operation of the open space tracts
Completed
Page 4 of 6
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19
The applicant shall submit a final improvement plan for the open space The plan shall
demonstrate compliance with Chapter 14 14 050
Completed.
Setbacks
20 Front yard setbacks shall be those of the underlying district: 15 feet for the house and 20 feet
for the garage Front yard setbacks shall comply with the variation requirement of Chapter
1761
The project has been modified from Townhouse to detached single family.
Variations in setbacks were required based on requirements of Chapter 17 61,
Townhouse. These standards no longer apply Building setbacks on individual
lots shall be those of Chapter 17.15, Moderate Density Residential.
21 To comply with the variation requirement of Chapter 17 61, the rear yard setbacks for Lots 17
thru 20 shall be reduced from 25 feet to 20 feet.
The project has been modified from Townhouse to detached single family.
Variations in setbacks were required based on requirements of Chapter 17.61,
Townhouse. The rear yard setback variation from 25 feet to 20 feet was allowed
because of the front-yard variation requirement of Chapter 17 61, Townhouse.
These standards no longer apply. Building setbacks on individual lots shall be
those of Chapter 17 15, Moderate Density Residential
Landscaping and Buffer Area
22 The protection and maintenance of the Type I, 15 foot buffer along the western property line
shall be provided for in the Homeowners Agreement.
The buffer area has been provided and is addressed in the Homeowners
Agreement. Landscaping of this area has not been completed. The applicant
shall provided an assigned savings account in the amount of one and one-half
times the cost of improvements.
23 The applicant shall submit a final landscaping and irrigation plan for Tracts A, Band C, for
the street planters strips and the buffer along the western property line
Completed
Environmental
24 The applicant shall comply with the mitigation of the MONS issued on May 10, 2000
Mitigation includes
a. The applicant shall mitigate transportation impacts based on the new p m peak hour
trips generated by the project. The Transportation Facility Charge (TFC) shall be
based on 0 60 new p m peak hour trips per townhouse unit. The proponent will be
responsible for a TFC of $450 00 per townhouse unit which is payable at time of
building permit.
With the change from Townhouse to single family detached the
Transportation Facility Charge is amendment to $750.00 per unit, payable
Page 5 of 6
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at time of building permit issuance.
b
Trees along the western property line within the required 15' buffer shall be protected
during construction with construction fencing
Completed.
c The proponent shall enter into an agreement with the Yelm School District to mitigate
project impacts to the school district.
The applicant is finalizing the agreement at this time. A signed and
recorded agreement shall be provided prior to City Council review
Subdivision Name and Property Addresses
25 The applicant shall submit another subdivision name The City will forward the name to the
Thurston County Records Department for approval
Completed
26 Prior to the submission final plat application, the applicant will provide the Building
Department with a plat map for addressing
Completed.
General Public Works
27 Per the City of Yelm's Development Guidelines street lighting and interior street lighting will
be required
Completed.
28 The applicant shall submit a grading plan to the Community Development Department for
review and approval prior to anyon-site grading
Completed.
Page 6 of 6
04/12/2001 15 25 350-493-2475
SCA CONSULTING GROUP
PAGE 02
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
Date May 1, 2001
To Yelm Planmng CommIssIOn
From. CathIe Carlson
Re Yelm Creek ComprehensIve Flood Hazard Management Plan
Background
Mter the City expenenced floodmg along Yelm Creek m 1996 and 1997, the CIty received a grant
from the Department of Ecology to prepare a Flood Hazard Management Plan. The City hIred
the consultmg firm of Tetra Tech/KCM to prepare the plan whIch was augmented by a
comprehensIve assessment and mventory done by the USDA Natural Resources ConservatIOn
ServIce An advIsory commIttee, compnsed of property owners adjacent to the creek, CIty and
County elected officIals, and CIty, County and State staff was formed and worked with the
consultant over the last year an a half dunng the plan development.
The Plan
The plan mc1udes an mventory and analysIs of the Yelm Creek Watershed, Identification of
regulatory requIrements, IdentificatIOn of the problems, evaluatIOn of alternatives, a dISCUSSIOn of
possible actions, both regulatory and phYSIcal, and fundmg sources.
Because of ItS SIze the Draft Plan will be dIstributed at your meetmg.
Next Steps
The draft plan IS out for reVIew to the general publIc and those agenCIes who may want to
comment on the plan. All property owners adjacent to the Creek wIthm the CIty lImIts and those
for 2000 ft beyond the City lImIts receIved a notice of the plans availabilIty and a tentative
schedule for publIc reVIew and comment.
Tentatively the Planmng CommIssion IS scheduled to hold a publIc heanng on June 18, 2001 WIth
CIty Council reVIew and actIOn on July 11, 2001
o
City of Yelm
Community Development
POBox 479
Yelm, W A 98597
(360) 458-3835
(360) 458-3144 FAX
Memorandum
To: Planmng CommISSIOn
From: CathIe Carlson, Commumty Development DIrector
Date: May 1, 2001
Re: CIty of Yelm Comprehensive TransportatIOn Plan Update
o
Attached please find a summary of the CIty of Yelm, 2001 ComprehensIve
TransportatIOn Plan Update ThIS summary explams the updates that will be made to the
City of Yelm Comprehensive and J omt Plan wIth Thurston County
ThIS update IS scheduled for a PublIc Heanng before the CommIssIOn m June 2001, and
adoptIOn by CIty Council m July 2001, becommg effectIve at adoptIOn.
I will dISCUSS thIS summary and dIstribute the full "redlined" copy of the entIre chapter at
the May 7, 2001 Planning CommIssIOn Meeting.
See you there
CathIe
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C:\Communily Developmenl\Planning Commission\Minules and Agendas\Pc 2001.min\5,7.01 memo w Iran plan.wpd
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TRANSPORTATION
Amendment to the City of Yelm 1995 Comprehensive Plan and Joint Plan with Thurston
County (Summary of Proposal, Issues, Analysis, Rationale, Summary of
Recommendations, and Maps)
SUMMARY OF PROPOSAL
Provide an update to the City ofYelm 1997 Comprehensive Transportation Plan and
Transportation component (Chapter VI) of the 1995 Comprehensive Plan & Joint Plan with
Thurston County and the June, 2000 Amendment to the Comprehensive Plan and Joint
Plan. This transportation plan update incorporates the preferred alternative for the Y2/y3
Corridor, the Y-13 Yelm/Roy Prairie Railroad Line, and includes a new plan chapter
"House Bill 1487 Compliance"
ISSUES, ANALYSIS & RATIONALE
o
Backoround
The City of Yelm developed a Transportation Plan in 1992 to meet the requirement of the
Growth Management Act (GMA) and to establish a planning document to assist the City in
developing an effective and efficient transportation system The plan was amended in
1995, 1997 and 2000 to reflect minor modifications to the 1992 plan The Transportation
Policies component of the comprehensive plan has now been modified to reflect the
following
1 Y2/Y3 Corridor Preferred Alternative
The 2000 amendment adopted the corridor plan and specific route location for the
Y2/Y3 Corridor with all existing documentation, including the Environmental
Assessment. This amendment incorporates the preferred alternative for the
Y2/Y3 Corridor, which provides an alternative route to bypass the urban core as a
solution to congestion on Yelm Avenue Traffic from the south and east heading
towards Olympia, and vice versa, would bypass the core via a new road corridor,
a 6 4 mile three-lane highway designed to meet state highway standards adopted
by WSDOT Yelm Avenue/First St. will be freed to serve primarily local traffic.
2
"Level of Service" Bill Compliance
o
During the 1998 session, the Washington State Legislature passed House Bill
1487, which amended the Growth Management Act and several other statutes
relating to planning This legislation, referred to as the "Level of Service" Bill,
requires local jurisdictions to include certain specific information concerning
transportation facilities and services of statewide significance in their
comprehensive plan A new section has been added to the Transportation Plan
o
entitled "House Bill 1487 Compliance", which includes the best available
information to comply with mandates of the Bill This amendment addresses
specific GMA planning requirements for local jurisdictions regarding transportation
facilities and services of statewide significance, changes the application of
concurrency for these facilities, and enhances the coordination of planning efforts
and plan consistency at the local, regional and state level
3
Yelm/Roy Prairie Railroad Line
In 1997, the City of Yelm became aware that the Burlington Northern Sante Fe
Railway was interested in discontinuing rail service over the Yelm-Roy segment of
the line It was felt that the continued availability of freight rail service to the
Yelm and Roy areas is vital to business retention and development Acquisition of
the rail corridor would preserve the line and maintain an economic link to other
communities Additionally, it would provide a possible future link to the light rail
system serving Pierce and King Counties The City applied for and received
$340,000 in grant funding to be used for acquisition, maintenancel and operation
of the Yelm-Roy segment, and enlisted financial support for the project from a
number of community sources to provide matching funds for the grant. In
November, 2000, the City purchased the 4 55 mile stretch of railroad, now known
as the Yelm Roy Prairie Line.
o
Goals and Policies
The purpose of this amendment is to satisfy the policies, goals and objectives of the City
of Yelm and Thurston County Joint Comprehensive Plan and to comply with additional
requirements of HB-1487 The following Transportation Goals and Policies have been
amended
1 Goal A transportation system that is compatible with neighboring cities,
Thurston County, Washington State, and other transportation providers
a) Regional Transportation Policy #3 To cooperate with neighboring
jurisdictions, Thurston and Pierce Counties, and the Washington State
Department or Transportation to address regional transportation issues.
Transportation facilities and services of statewide significance have been
added to the list of regional transportation issues
b)
Rail Preservation and Enhancement Policy #7 To preserve existing
railroad rights-or-way within the City's Urban Growth Area and connection
to the national rail network
c
The City of Yelm has acquired 4 55 miles of the BNSF Railroad line, which
will serve as a dual use bike/pedestrian and commuter/freight corridor. It
will also provide the first viable option for this region to link up with the
commuter rail line which serves Pierce and King Counties
o
2
Goal A well-maintained transportation system that provides safe and cost-
effective movement of goods, services and people.
a) Functional Classification Policy#ll To classify Yelm's streets according to
federal, state, regional and local guidelines.
SR 507 and SR 510 have been designated as a Highway of Statewide
Significance Both are classified as Minor Arterials within the City limits
This information is required to be included in the Transportation Plan by
House Bill 1487
2 Goal Responsible funding of needed transportation system improvements with
public and private sector participation
a) Funding Sources Policy #30 To secure adequate long-term funding
sources for transportation through a variety of methods.
The Transportation Efficiency Act for the 21st Century (TEA-21) has
replaced ISTEA as a source of federal funding
b)
Concurrency Policy #33 To ensure that any transportation improvements
or strategies required to mitigate impacts are constructed or financed
concurrent with development.
o
Complying with HB-1487 and WSDOT for coordinated planning for
transportation facilities and services of statewide significance has been
added to the City's Concurrency Management Program.
Analvsis
A new section, "House Bill 1487 Compliance", has been added to the Transportation Plan,
which includes transportation facilities and services of statewide significance and meets
requirements of the Bill to enhance the consistency of statewide transportation planning
at the local, regional and state levels
A major part of the Comprehensive Transportation Plan is the Transportation
Improvement Program, which lists the recommended projects for the City and its Urban
Growth Area This amendment updates this section of the plan, and specifically the Y-2,
Y-3 and Y-13 improvements Y-2 and Y-3 are amended to include the specific alignment
of the Y2/Y3 Corridor Y-13 adds the Yelm/Roy Prairie Railroad Line to the list of
recommended projects
CONCLUSIONS/ RATIONALE
o
This update to the Yelm Comprehensive Plan incorporates specific requirements regarding
"transportation facilities and services of statewide significance (TFSSS)" and adds a
(\
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section entitled "HB-1487 Compliance" This will ensure the City of Yelm is in compliance
with new requirements of HB-1487
The update has also been completed to revise projects listed within the Transportation
Improvement Plan and to add language to the goals and policies section reflecting these
changes and complying with requirements of HB-1487.
STAFF CONTACT
Cathie Carlson, Community Development Director
City of Yelm
(360) 458-8408
Attachments
9 \text\pf\00036\reports\staff report trans plan update rtf
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City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, May 7,2001,4'00 P.M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W
1
Call to Order, Roll Call, Approval of Minutes -
April 16, 2001 minutes enclosed
2
Public Communications
(Not associated with measures or topics for which public hearings have been held or for which
are anticipated)
3
Prairie Wind Estates Final Plat Review - Action Item (formerly Cullens Estates)
Applicant. Rainier General Development
Proposal' 24 Residential Lot Development
Location. West side of Cullens Road, just north of the Cullens Road and Coates Ave
intersection
Staff Report Enclosed
Yelm Creek Comprehensive Flood Hazard Management Plan
Distribution of Draft Plan, for Planning Commission Action in June 2001
5
Transportation Plan Update - Staff review and discussion.
5
Adjourn -
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities If you
are a person with a disability in need of accommodations to conduct business or to participate in
government processes or activities, please contact Agnes Bennick, at 360-458-8404 at least four (4)
working days prior to the scheduled event.
All Planning Commission meetings are audio taped, for information on obtaining a copy please call
the Community Development Department at (360) 458-3835
NEXT REGULAR MEETING, MONDAY, MAY 21,2001 4'00 P.M.
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YELM PLANNING COMMISSION MINUTES
APRIL 16,2001,400 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
The meeting was called to order at 400 P m by Tom Gorman
Members present: Tom Gorman, John Thomson, Don Carney, Ray Kent,
Margaret Clapp, EJ Curry, and Glenn Blando
Staff' Cathie Carlson, Tami Merriman
Members absent: Roberta Longmire, excused, and Joe Baker
Approval of Minutes:
01-07 MOTION BY MARGARET CLAPP, SECONDED BY RAY KENT, TO
APPROVE THE MINUTES OF APRIL 2,2001 AS CORRECTED**.
MS. CURRY ABSTAINED, MOTION CARRIED.
**CORRECTION: JOE BAKER WAS PRESENT.
Public Communications None
Presentation: Thurston County Property Assessment Process
Thurston County Deputy Assessor Dennis Pulsipher gave a presentation on
the property assessment system that the County uses for assessing property
Public Hearing - Amendment to Yelm Municipal Code, Chapter 15.49
Applicant: City of Yelm I
Proposal: Yelm Municipal Code, Chapter 1549 Integrated Project Review
Process, setting a new sc~edule for annual Comprehensive Plan
Amendments
Location: City Wide
Mr. Gorman opened the public Hearing at 500 pm Mr. Gorman asked if any
of the Planning Commission me'mbers had a conflict of interest? There were
none Mr. Gorman asked if an~ member of the Planning Commission had
received any information prior ~o the hearing They had not. Mr. Gorman
asked if there was anyone in the audience that objected to anyone
participating There was none
Ms. Carlson gave a brief report on the proposed amendment to Chapter 15 49
This amendment will make th1e City's Comprehensive Plan amendment
process and timing match tHe Thurston County Comprehensive Plan
amendment process I
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Mr. Gorman asked if there werk any questions or comments? There were
none Mr Gorman closed the p~blic hearing at 5 02 P m
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01-08
MOTION BY MARGARET CLAPP, SECONDED BY GLENN BLANDO TO
APPROVE THE PROPOSED AMENDMENT. MOTION CARRIED.
01-09
MOTION MADE AND SECONDED TO ADJOURN THE MEETING. MOTION
CARRIED
Meeting adjourned at 5 15 P m
Respectfully submitted,
'!/1 L
Tami Merrima ,Planning Technician
Tom Gorman, Chair
Date
Yelm Planning Commission
April 16, 2001
C \Community Development\Planning Commission\Minutes and Agendas\Pc 2001 min\04 16 01min wpd
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105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
YELM
WASHINGTON
Date: April 1 0, 2001
To: Planning Commission
From: Cathie Carlson, Community Development Director
Re. Amendments to Chapter 15.49, Integrated Project Review
LIST OF EXHIBITS. Exhibit I - Chapter 1549, proposed text amendments
Exhibit II - Public Hearing Notice
Exhibit III - Mitigated Determination of Non-Significance
A. PUBLIC HEARING OBJECTIVE:
The Planning Commission must determine if the proposed amendment is consistent with the
City of Yelm's Comprehensive Plan and applicable 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.
Amendments to Chapter 15 49, Integrated Project Review Process, changing the annual
comprehensive plan amendment schedule to June of each year and closing the application
deadline for comprehensive plan amendments to October of the preceding year
DEPARTMENT ANALYSIS AND FINDINGS:
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, April 6, 2001, and posted in public areas on Friday, April
6, 2001
4
Joint Comprehensive Plan Amendments. The City and the County are limited to
one comprehensive plan amendment each year As required by State law the
County is responsible for coordinating joint plan amendments for urban growth
areas in each jurisdiction and the unincorporated areas outside urban growth
boundaries and each City is responsible for amendments within their corporate
limits Throughout last year, County and City staff meet numerous times to
discuss the process and how to make it more effective and efficient for citizens,
policy makers and staff The biggest conflict was that from September through 0
December when policy makers and staff were submersed in developing work
plans and budgets for the next year the comprehensive plan amendments were
also requiring significant review and evaluation by the policy makers As a
result the schedule for adoption of amendments was changed from December
of each year to June The proposed amendments bring our regulations into
compliance with the schedule approved by the County Commissioners While
the County Commissioners are the decision body regarding amendment
schedules the Yelm City Council was kept informed and concurred with the
change
B. Staff Recommendation
Staff recommends that the Planning Commission forward the proposed amendments to the
City Council for approval
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Exhibit 1- Proposed Amendments
City of Yelm
April 1 0, 2001
::)
CITY OF YELM
Proposed Amendments
to
Chapter 15 49, Integrated Project Review Process
15.49.150 Amendments Amendments relating to regulations for the
Environment (Title 14), Building and Construction (Title 15), Subdivisions (Title
16) l and Zoning (Title 17), to the extent these regulations are governed by the
Comprehensive Plan and Development Regulations, may be processed as
follows
010 Amendments to Comprehensive Plan, including rezones of Land
Use Map
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(A)
Time Line Amendments to the Comprehensive Plan and
rezones are authorized only on a annual basis, except for
an emergency if initiated by the City or Thurston County
(an emergency exists if delaying the amendment would
cause substantial public harm) The City staff shall,
throughout the year, accept applications for such
amendments, but they will not be reviewed by the
Planning Commission until the 3rd the 1 st or 2nd Quarter
of each year and not acted upon by the City Council until
after a public hearing is held during the 4th 2nd Quarter of
each year If the requested amendments are approved,
they will become effective January Julv 1 of that year -of
the following year Any amendment applications received
after the last working day in March October will be held
until the next annual review cycle beginning July 1 of the
following year
Exhibit 11- Public Hearing Notice
City of Yelm
April 1 0, 2001
()
NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
AND
YELM CITY COUNCIL
DATE' Monday, April 16, 2001, 4:00 p.m.
Wednesday, April 25, 2001, 7:30 p m.
PLACE Council Chambers, City Hall, 105 Yelm Ave W , Yelm WA
PURPOSE. Public Hearing to receive comments on proposed amendments to Yelm
Municipal Code, Chapter 15.49, Integrated Project Review Process setting a
new schedule for annual Comprehensive Plan Amendments.
APPLICANT. City of Yelm
PROJECT LOCATION' City wide
The Yelm Planning Commission will hold a public hearing to receive comments on proposed
amendments to Chapter 15 49, Integrated Project Review Process. The Planning Commission
will forward the proposed amendments to the City Council for a Public Hearing and action on
April 25, 2001 A complete packet of amendments and any related documents are available
for public review during normal business hours at the City of Yelm, 105 Yelin Ave W . Yelm
WA. For additional information, please contact Cathie Carlson at (360) 458-8408.
()
Testimony may be given at the hearings or through any written comments on the
proposal. Comments must be received by the close of the public hearing on April 25,
2001. 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 4 days before the meeting
ATTEST
City of Yelm
Agnes Bennick, City ClerklTreasurer
DO NOT PUBLISH BELOW THIS LINE
Published In the Nlsqually Valley News Friday, April 6, 2001
Posted in Public Areas Friday, April 6, 2001
C)
II
Exhibit 11I- Determination of NonSignificance
City of Yelm
S EP A-00-8277 - YL
April 1 0, 2001
"\
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SEPA NO' 8277
DETERMINATION OF NONSIGNIFICANCE
Proponent:
City of Yelm, Community Development Department
Description of Proposal
Amendments to Chapter 1549, Integrated Project Review Process,
changing the annual comprehensive plan amendment schedule to June
of each year and closing the application for comprehensive plan
amendments to October of the preceding year
Location of the Proposal
City wide
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 43.21 C 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/Mitigating Measures'
None
o
Lead agency'
Responsible Official:
City of Yelm
Shelly Badger, City Administrator
Date of Issue"
Comment Deadline.
March 28, 2001
5:00 p.m., April 10, 2001
Shelly Badger, City Administrator
This Determination of NonSignificance is issued pursuantto Washington Administrative Code 197-11-340(2)
Comments must be submitted to Catherine Carlson, Community Development Director, at City ofYelm, 105 Yelm
Ave W , POBox 479, Yelm, WA 98597, by 5:00 p.m., April 10, 2001 The City of Yelm will not act on this
proposal prior to 5"00 p.m., April 17, 2001
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 , April 17, 2001 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, March 30,2001
Posted in public areas March 28, 2001
Copies:o All agencies/citizens on SEPA mailing list. March 28, 2001 Dep!. of Ecology w/checklist, March 28,
2001
c
VISITOR SIGN IN SHEET
Please sign in and indicate if you wish to speak at this meeting or to be added to the mailin~llist
o to receive future agendas and minutes
ALL CITY PLANNING COMMISSION MEETINGS ARE AUDIO TAPED FOR INFORMATION ON OBTAINING
A COpy PLEASE CALL YELM COMMUNITY DEVELOPMENT DEPARTMENT AT 360-458-3835
MEETING: YELM PLANNING COMMISSION
DATE: APRIL 16, 2001
TIME: 400 PM LOCATION' YELM CITY HALL, COUNCIL CHAMBERS
Public Hearing(s): 1. Amendment to Yelm Municipal Code Chapter 15.49
Integrated Project Review Process
NAME & ADDRESS
MAILING LIST? / SPEAKER?
(Indicate which public hearin!~ by
the assigned numbers above)
,~
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City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, APRIL 16, 2001, 4:00 P M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W
1 Call to Order, Roll Call, Approval of Minutes -
April 2,2001 minutes enclosed
2. Public Communications
(Not associated with measures or topics for which public hearings have been held or for which
are anticipated)
3 Presentation - County Property Assessment Process
Presentation and discussion on the methods used by the County Assessor to value and
assess property throughout Thurston County
Presented by Chief Deputy Assessor Dennis Pulsipher
4
PUBLIC HEARING - Amendment to Yelm Municipal Code, Chapter 15.49
Applicant. City of Yelm
Proposal Yelm Municipal Code, Chapter 1549 Integrated Project Review Process setting
a new schedule for annual Comprehensive Plan Amendments
Location. City wide
Staff report enclosed.
o
5
Briefing
Yelm Creek Study - Distribution and discussion
Transportation Plan Update - Staff review and discussion
6 Adjourn -
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities If you
are a person with a disability in need of accommodations to conduct business or to participate in
government processes or activities, please contact Agnes Bennick, at 360-458-8404 at least four (4)
working days prior to the scheduled event.
All Planning Commission meetings are audio taped, for information on obtaining a copy please call
Yelm City Hall at (360) 458-3244
NEXT REGULAR MEETING, MONDAY, MAY 7,2001 4"00 P M
o
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Motion No.
YELM PLANNING COMMISSION MINUTES
APRIL 2,2001,400 P m
YELM CITY HALL COUNCIL CHAMBERS
Approval of Minutes:
01-04 MOTION BY RAY KENT, SECONDED BY MARGARET CLAPP TO
APPROVE THE MINUTES OF FEBRUARY 20, 2001. MOTION CARRIED.
Public Communications None
Final Plat Review - Canal Estates, SUB-01-8274-YL:
Applicant: D.A. Randles Company
Proposal: The applicants final plat application includes 26 single family
residential lots The proposal includes the construction of stormwaterfacilities,
072 acres of open space, and street improvements to Canal Road and
Rhoton Road
Location: The project site is bound by Canal Road and Rhoton Road
Ms. Carlson gave a brief report of the Final Plat Review which included
discussion of the Y3 Transportation Corridor Ms. Carlson stated that she
spoke with the City Attorney regarding the fact that the Y3 Corridor is proposed
to include portions of this property The City Attorney stated that the City could
not reserve right-of-way for the Y3 Corridor without paying for the property
Ms. Carlson discussed the checklist of items needed for the project before City
Council approval Ms. Carlson stated that all items will be completed prior to
approval of the Final Plat. Mr. Blando asked the Commission if they had any
questions There were none
01-05 MOTION BY RAY KENT, SECONDED BY MARGARET CLAPP TO
RECOMMEND FINAL PLAT APPROVAL FOR CANAL ESTATES, AS
CONDITIONED, TO THE CITY COUNCIL. MOTION CARRIED.
Ms. Carlson stated that the Yelm Creek Study that was to be distributed to the
Commission today has been delayed Ms. Carlson will distribute copies as
soon as they are received by the City
o
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c
Ms. Carlson introduced Mr. Don Carney as the newly appointed Planning
Commission Member Mr. Carney replaces the vacancy created by the
resignation of Mr. Eric Brown.
01-06
MOTION BY MARGARET CLAPP, SECONDED BY RAY KENT, TO
ADJOURN THE MEETING. MOTION CARRIED.
Meeting adjourned at 4 15 P m
Respectfully submitted,
~
Glenn Blando, Temporary Chair
Date
Yelm Planning Commission
April 2, 2001
C \Community Development\Planning Commission\Minutes\pc 2001 min\04 02 01min wpd
Page 2
-,
,~
u
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Date
To
From
Re
March 27, 2001
Planning ComrTJis$ion
Cathie Carlson....Community Development Director
Final Plat for Canal Estates
Background
The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project
on July 28, 1999 The project has been under construction for the last year and the applicant filed a
completed application for final plat on March 13, 2001
Applicant: Doug Randles, Randles Family LLC
Proposal 26 - Lot, Final Plat Approval for Canal Estates
Location The southwest corner of Rhoton Road and Canal Road
Planning Commission Action
O The Planning Commission is required to review the Final Plat for compliance with the conditions of
approval placed on the preliminary plat. After the Planning Commission has reviewed the final plat
and is satisfied that all conditions have been meet the Planning Commission shall forward the plat to
the City Council for review and approval
Staff Recommendation
Staff recommends the Planning Commission forward the final plat to the City Council for approval,
provided.
1 All engineering and surveying fees for the final plat review are paid prior to City
Council review
2. The applicant provides the City with acceptable documentation that the site fill has
been compacted to 95% density (See Pg 2, Item #8)
3 The applicant provides the City with acceptable documentation that the hydrological
testing for high ground water was completed (See Pg 5, Item #26)
4 Tract "A" Open Space is amended to read Tract "A" Stormwater Facility and the open
space fee in-lieu of dedication is paid in full prior to City Councils review (See Pg 5,
Item # 28)
5
The applicant provides the City with an executed Assigned Savings Account
Agreement for $2077 50 (See Pg 5, Item # 30)
o
.-
Conditions of Approval
Transportation - Conditions of Approval
o
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
TFC fees are collected at time of building permit issuance.
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)
Completed. The applicant has submitted a warranty agreement for the
improvements that will be recorded with the final plat.
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
Completed. The face of the final plat dedicates the required right-of-way.
o
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
Completed.
5 Road design shall meet the intent of the City's Development Guidelines
Completed.
6 Street lighting shall be installed on the north side of the internal loop road
Completed.
7 Sidewalks shall be installed on the north side of the internal loop road
Completed.
Site Grading - Conditions of Approval
8 Site grading and fill placed on the proposed site shall be compacted to 95% density per the
Page 2 of 6
o
....
City's Development Guidelines
o
Documentation requested.
9
The applicant shall leave a minimum of 10 feet of undisturbed soil between the property line
and the toe of the slope on the West Side of Lots #8-15
Completed.
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
The extension of water service to each lot is complete. Fees for hook-up are
collected 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
Completed.
012.
All water connection fees are due at time of building permit issuance
No action required at this time.
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
Completed.
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.
Completed.
15 With the consent of the City Council, a latecomer's agreement will be entered into for
applicable benefit properties
The applicant has not requested a latecomer's agreement.
o 16
Water lines and fire hydrants shall be installed on the north side of centerline of the internal
Page 3 of 6
,.
loop road
Completed.
o
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
The extension of sewer service to each lot is complete and the inspection fee
has been paid. Fees for hook-up are collected at time of building permit
issuance.
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.
Completed. The applicant has submitted a bill of sale for the improvements that
will be recorded with the final plat. Easements are provided on the face of the
plat.
19 All sewer connection fees are due at time of building permit issuance
No action required at this time.
o
20 STEP collector lines shall be installed on the north side of centerline of the internal loop road
Completed.
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
Completed.
22. With the consent of the City Council, a latecomer's agreement shall be entered into for
applicable benefit properties
The applicant has not requested a latecomer's agreement.
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
Completed
o
Page 4 of 6
24
The applicant shall compile a final storm water report along with construction drawings
o
Completed.
25.
The applicant shall submit a storm water operation and maintenance plan to the Public
Works Department for approval prior to final plat approval
Completed.
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
Documentation Requested.
Design Standards - Conditions of Approval
27 The applicant shall utilize the City's Development Guidelines as a guide to develop project
civil drawings
Completed.
Open Space - Conditions of Approval
28.
The fee-in-Iieu of for the project site is $11,001 76 The fee-in-Iieu of is payable prior to final
plat approval
o
Tract "A" is incorrectly labeled as open space. Tract "A" is the stormwater
facility for the site and does not qualify as Open Space. The fee has not been
paid as of March 27, 2001. The applicant shall pay the fee prior to City Council
review on April 11 , 2001.
SEPA Mitigation - 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
Completed.
Landscape - Conditions of Approval
30 The applicant shall landscape the stormwater facilities in accordance with Chapter 17 80 of
the YMC
Partially complete The stormwater facility and the western property boundary
require additional plantings. The applicant has submitted an assigned savings
of $2077.50 which includes money for the landscaping and 6 street signs.
o 31
The applicant shall landscape the planter strips for all streets as per the YMC
Completed.
Page 5 of 6
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.
Completed.
33 The applicant shall submit a final landscape and irrigation plan to the Planning Department
for approval
Completed.
Page 6 of 6
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SCALE: '"e50 FEET
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EASESMENTSIRESTRICTIONS
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PLATOF CANAL EST A TES
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 18,
TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M.
C/7Y OF YELM, THURSTON COUN7Y, WASHINGTON
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City of Yelm
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105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
YELM
WASHINGTDN
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, APRIL 2, 2001, 4'00 P.M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W
1
Call to Order, Roll Call, Approval of Minutes -
February 20,2001 minutes enclosed
2
Public Communications
(Not associated with measures or topics for which public hearings have been held or for
which are anticipated)
3
Canal Estate Final Plat Review - Action Item
Applicant. Doug Randles, Randles Family LLC
Proposal. 26 - Lot, Final Plat Approval for Canal Estates
Location. The southwest corner of Rhoton Road and Canal Road
Staff report enclosed
Other' Distribution of the Yelm Creek Study and review schedule
Planning Commission meeting schedule for next 3 months
5
Adjourn -
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities If
you are a person with a disability in need of accommodations to conduct business or to participate in
government processes or activities, please contact Agnes Bennick, at 360-458-8404 at least four (4)
working days prior to the scheduled event.
All Planning Commission meetings are audio taped, for information on obtaining a copy please call
Yelm City Hall at (360) 458-3244
NEXT REGULAR MEETING, MONDAY, APRIL 16,2001 4.00 P.M.
c)
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
YELM
WASHINGTON
CANCELLATION
NOTICE
The March 19. 2001 Planning Commission meeting has been CANCELLED The next
meeting of the Yelm Planning Commission will be held in Council Chambers at Yelm City
Hall, 105 Yelm Ave W , on
Monday. April 2. 2001. at 4:00 pm.
If there are any questions concerning this change, please call the Community Development
Department at (360) 458-3835
ATTEST
;'
/ IF
i.iC;/il-1 '\ - ':il td,~
Aghes Bennick
City Clerkrrreasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Tuesday, March 13, 2001
Published in the Nisqually Valley News Friday, March 16, 2001
Mailed to the Planning Commission mailing list: Tuesday, March 13, 2001
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105 Yelm Avenue West
PO Box 479
Ye/m, Washington 98597
(360) 458-3244
City ofYelm
CANCELLATION
NOTICE
The March 5. 2001 Planning Commission meeting has been CANCELLED The next
meeting of the Yelm Planning Commission will be held in Council Chambers at Yelm City
Hall, 105 Yelm Ave W , on
Monday. March 19, 2001. at 4:00 pm.
If there are any questions concerning this change, please call the Community Development
Director, Cathie Carlson at (360) 458-8408
A T1"EST
/. iJ
. l'. .
i/r/Lt.; . ~ )Ulil-C!"",
A~nes Bennick
City Clerkffreasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Tuesday, February 27,2001
Published in the Nisqually Valley News Friday, March 2, 2001
Mailed to the Planning Commission mailing list: Tuesday, February 27, 2001
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YELM PLANNING COMMISSION MINUTES
February 20, 2001, 4 00 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
The meeting was called to order at 4 06 P m by John Thomson
Members present: Joe Baker, Margaret Clapp, Ray Kent, Roberta Longmire,
John Thomson Staff- Cathie Carlson, Tami Merriman
Members absent: Tom Gorman, Glenn Blando, Eric Brown, E.J Curry
Approval of Minutes:
01-01 MOTION BY ROBERTA LONGMIRE, SECONDED BY JOE BAKER TO
APPROVE THE MINUTES OF DECEMBER 18,2000. MOTION CARRIED.
Public Communications None
Public Hearing - Longmire Meadows Preliminary Plat, SUB-00-8265- YL:
Applicant: TEBO Ventures III
Proposal: The applicants proposal is to subdivide 3 79 acres into 23 single
family residential lots The proposal includes the construction of stormwater
facilities and street improvements to Longmire Street, Van Trump Street,
Solberg Street and Coates Road
Location: The project site is bound by Longmire Street, Van Trump Street,
Solberg Street and Coates Road Mr. Thomson opened the public hearing at
4 07 P m Mr. Thomson then asked if any of the PC members had a conflict
of interest? There was none Mr. Thomson asked if any member of the
Planning Commission had received any information prior to the hearing? No
Mr. Thomson asked if there was anyone in the audience that objected to
anyone participating No Ms. Carlson gave the staff report, stating that the
City Council approved the vacation of the Right-of-Way known as Stevens
Street, whether or not the project is approved The applicant will be providing
significant upgrades to existing infrastructure The project does not include
open space, the applicant will pay the fee payment alternative The applicant
has also entered into an agreement with the School District to pay the required
fees Ms. Carlson stated that a letter was received by an adjoining property
owner requesting a privacy fence The applicant will put fencing on common
boundaries Mr. Thomson asked the applicant if he would like to speak? Mr.
Teitge explained the project to the Commission, showing the proposed
development on the site plan Mr. Thomson asked the PC members if they
had any questions? Ms. Longmire asked if the entrance into Lot 23 would
require a turn-around area for emergency fire equipment. Ms. Carlson
explained that this entrance is considered a private drive, and emergency
vehicle turn-around is not required Mr. Baker asked the applicant if the storm
drainage area was to be fenced, voicing concern regarding safety issues
Discussion was held regarding the storm drain ponds The slope does not
6
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01-02
require fencing and the City does not require fencing Mr. Thomson asked if
there were any further questions or comments? None Mr. Thomson closed
the public hearing at 4 30 pm/({)
MOTION BY MARGARET CLAPP, SECO~NE BY RAY KENT TO
RECOMMEND APPROVAL AS CONDITIONED HE CITY COUNCIL ON
THE LONGMIRE MEADOWS PRELIMINARY LAT. MOTION CARRIED.
Other: Schedule revisions for March 2001: Ms. Carlson stated that there
would not be a Planning Commission Meeting on March 5, 2001
01-03
MOTION BY MARGARET CLAPP, SECONDED BY RAY KENT TO
ADJOURN THE MEETING. MOTION CARRIED.
Meeting adjourned at 4 32 P m
Respectfully submitted,
"wL
Tami Merri n, Planning Technician
John Thomson, Vice Chair
Date
Yelm Planning Commission
February 20, 2001
C \Community Development\Planning Folder\PLNGCOMM\Plngcomm2\All Minutes\Pc2001 min\02 20 01min wpd
Page 2
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HEARING AND DECISION GUIDE
~, ""f I~~ fieodo~s p"e / 1'1'1 ;"1~ O~ ~I- to-
(TITLE)
OPEN HEARING
IDENTIFY YOURSELF j3lt\..t ~$~
STATE THE DATE. TIME: AND PLACE
STATE THE SUBJECT OF THE HEARING - ASK SPEAKERS TO SIGN UP
~
ASK IF ANY MEMBER HAS A POSSIBLE CONFLICT OF INTEREST
~ASK IF ANYONE IN THE AUDIENCE OBJECTS TO ANYONE PARTCIPATING
v/ASK IF ANY MEMBER HAS RECEIVED INFORMATION PRIOR TO HEARING
/CALL
~L
CALL
FOR STAFF REPORT
ON APPLICANT ~
FOR COMMENTS FROM PUBLIC
U1ItttAckc: ~ ~-l-4
5~t fi-~.
~ ..cc f ~ .-F o,.~ syJ-.Jl..-
RE DECISION
RECORD OF DECISION (PASS TO SECRETARY)
Dec;s~~ond;t;onallv approve deny)
;(i7t--
2(2-eJ! 0/
~SK MEMBERS IF THEY HAVE ANY QUESTIONS
CLOSE HEARING
Findings and conclusions
~ff report adoPted?~
Conditions of approval?
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
Date January 31, 2001
To Planning Commission
From' Cathie Carlson, Community Development Director
Re Longmire Meadows Preliminary Plat, SUB-00-8265-YL
LIST OF EXHIBITS. Exhibit 1- Site Plan, dated November 15, 2000
Exhibit II - Public Hearing Notice
Exhibit III - Mitigated Determination of Non-Significance
Exhibit IV - Comment Letter
A. PUBLIC HEARING OBJECTIVE.
The Planning Commission must determine if the proposed project is consistent with the City of Yelm's
Comprehensive Plan and applicable 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.
Subdivide 3 79 acres into 23 single family residential lots The project includes the construction of
stormwater facilities and street improvements to Longmire Street, Van Trump Street, Solberg Street and
Coates Road
C. DEPARTMENT ANALYSIS AND FINDINGS.
1 Proponent. TEBO Ventures, 157 Lemieux Lane, Tenino, WA 98589
2. Location The project site is bound by Longmire Street, Van Trump Street, Solberg Street
and Coates Road
3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News
on February 2, 2001, and posted in public areas on February 1, 2001 The notice was
mailed to adjacent property owners and the applicant on February 1, 2001
4
Existinq Land Use. Zoning and Density There is currently one house on the southwest of
the site that is proposed to be removed Older homes have the potential of containing
materials which contain asbestos The Olympic Air Pollution Control Authority (OAPCA)
administers demolition permits and the removal of asbestos contaminated materials (see
Exhibit IV) The City of Yelm also requires a demolition permit.
1
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The site is zoned Moderate Density Residential (R-6), Chapter 17 14 In the R-6 District
the minimum density required is three (3) units per acre with a maximum density of six (6)
units per acre As proposed the density of the project is six (6) units per acre
5
Lots Size and Setbacks. The R-6 District does not have a minimum or maximum lot size
but it does have standard yard setbacks Most of the lots are 48' wide by 100' long It
appears all lots can meet minimum setback requirements Lots that contain the
stormwater easements will likely be limited to two story homes.
6
Adiacent Land Uses and Zoning Properties surrounding the project site are zoned R-6
and Institutional District ( Middle School) The north side of Coates Road is in
unincorporated Thurston County and zoned RR 1/5 The Middle School is located to the
north side of the site and the remaining surrounding area is developed at low density
residential
7
Open Space. Chapter 16 14 requires a minimum offive percent of the gross area be
dedicated as open space or pay a fee in-lieu-of providing the open space on site Five
percent of the site is equal to 8255 square feet or $6356 35 as a fee in-lieu-of open
space The applicant has not proposed anyon-site open space
8
Schools New residential units create a demand for additional school services and
facilities The Yelm School District requests that the developer enter into an agreement
with the school district for the payment of mitigation fees based on the project's impact.
This request became mitigation of the Environmental Determination
The applicant and the School District have completed and recorded the agreement.
9
Transportation and Site Access. The property fronts Coates, Solberg, Longmire and Van
Trump Streets All lots with the exception of lot 23 are accessed from the adjacent public
right-of-way Lot 23 will be accessed through a easement for ingress/egress which is
also a utility easement.
Existing right-of-way on Van Trump St. is adequate for improvements to a local access
street. Solberg, Longmire and Coates Streets will require and additional right-of-way on
each street to accommodate the city's street standard
An unopened section of Stevens Street right-of-way bisects the property, running
southeast and northwest. On January 10, 2001, the City Council, after consideration of
the Planning Commission's recommendation, approved the vacation of said right-of-way
The completed project will increase traffic and impact the City's transportation system
Chapter 15 40, Concurrency Management, requires all development to mitigate impacts
to the City's transportation system A single family home generates 1 01 pm peak hour
trips per unit. The Transportation Facility Charge per unit is $757 50 and payable at time
of building permit.
10
Parking. Chapter 17 72, Off-Street Parking and Loading, requires a minimum parking
ratio of two spaces per unit. The developer is proposing at a minimum to provide parking
accommodations for at least two vehicles on each residential lot.
Page 2 of 6
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Wastewater The project site is in the sewer service area and has a single connection to
the city's S T E P system The existing lines are as follows Van Trump - 4", Longmire --
2", Coates 2", Solberg 8"
12. Water Supply The project site is in the water service area and has a single connection
to the city's water system There is an existing 6" AC watermain located along Longmire,
Coates - 8" PVC, Van Trump - 4" AC New development must provide minimum water
pressure which in part is achieved through proper line sizing The existing line on Van
Trump is not adequate to provide minimum fire flow pressure
13 Drainage/Stormwater The completed project, including street improvements, 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 YMC requires all development to comply with the
Stormwater Manual for the control and treatment of stormwater runoff
The applicant has submitted a Preliminary Stormwater Report that estimates the
impervious surface, infiltration rates of the runoff, and a conceptual design for treatment
and storage of the stormwater
Runoff from the streets is tight-lined into the center of the plat where treatment and
infiltration occur The applicant has proposed 15' utility easements split between two
property lines for each easement.
o
Following preliminary plat approval the City Stormwater Manual requires the developer to
submit a final plan consistent with the final impervious calculations for the site
Stormwater facilities require continued maintenance to ensure they remain in proper
working condition
14
Fire Protection Fire protection is provided by the Thurston County Fire District tf2.. As
development occurs there will be additional demands for fire service
15
Police Protection Police protection is provided by the City of Yelm As development
occurs there will be additional demands for police service
16
Street Lightinq. Adequate street lighting will be required for this project. Street lighting
design must meet the City of Yelm's Development Guidelines
17
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 1780, Landscaping, requires the applicant to
provide on-site landscaping for all development proposals
o
The site is adjacent to properties that are compatibly zoned When all adjacent properties
are zoned residential the code requires that the pen meter of the site be landscaped with a
Type II landscaping In residential subdivisions the City also allows fencing to meet the
landscaping requirements for the perimeter of the site An adjacent property owner has
Page 3 of 6
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requested that the applicant install a 6' wood fence along their common property line (see
Exhibit IV) Stormwater areas must also be landscaped
The applicant has not submitted a preliminary landscaping plan or a tree and vegetation
plan However significant trees have been identified on the preliminary drawings
Chapter 17 80 requires that at time of civil plan review and approval the applicant provide
a final landscape and irrigation plan for approval
18 Environmental Review: After review of the environmental checklist and supporting
documents, a Mitigated Determination of NonSignificance (MONS) was issued on
December 18, 2000 The comment period expired on January 2,2001 The MONS is
attached as Exhibit III
19 Public Comment. Comments were received from the Yelm School District requesting
SEPA Mitigation, the OAPCA, and adjacent property owners John Graver and Virgil &
Darlene Baker All letters are attached as exhibits
20 Findings and Conclusion. Chapter 16 12.170 requires written findings prior to a decision
on a preliminary plat. Based on the project as proposed by the applicant and the
conditions of approval below, the staff finds that the subdivision.
A.
Adequately provides for the public health, safety and general welfare and for such
open spaces, drainage ways, streets, potable water supplies, sanitary wastes,
parks and recreation, schools, sidewalks,
B That the public use and interest will be served by the platting of such subdivision
and dedications,
C The subdivision is in conformance with The Yelm-Thurston County Joint
Comprehensive Plan, the City Zoning Ordinance and the City's Development
Guidelines
o Staff Recommendation
Based on the Analysis and Findings in Section C and the Conditions of Approval below, staff
recommends that the Planning Commission forward SUB-00-8265-YL to the City Council for approval
Conditions of Approval
Sewer
1 Sewer ERU's are charged at the current rate of$4,850/ERU plus an inspection fee of$145 OO/ERU
payable at building permit issuance The applicant shall be credited for the one existing connection
2 The S T E P System shall be designed to City standards The applicant shall submit final cIvil plans
to the Public Works Department for review and approval
Water
3
An 8" PVC waterline extension will be required along Solberg Van Trump will require an
upgrade from the existing 4" AC line to an 8" PVC line
Page 4 of 6
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4
Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per
day and are charged a current rate of $1 ,OOO/ERU (fee subject to change) inside city limits One
ERU would be charged to each residential building lot. The applicant shall be credited for the
one existing connection These fees are payable at building permit issuance
5 The Water Line improvements and connections shall be designed to City standards The
applicant shall submit final civil plans to the Public Works Department for review and approval
Stormwater
6 The stormwater facility shall be landscaped in accordance with Chapter 17 84
7 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 The applicant shall compile a final storm water report along with
construction drawings
8 The applicant shall submit a storm water operation and maintenance plan to the Public Works
Department for approval prior to final plat approval
9
The stormwater system shall be held in common by the Homeowners. The Homeowners
Agreement shall include provisions for the assessment of fees against individual lots for the
maintenance and repair of the stormwater facilities The agreement shall clearly state what
improvements are allowed within the easements, who's responsible for removal, replacement
and/or repairs of any improvements within the easement.
Transportation
10 Frontage improvements are required for this project. Frontage improvements shall be consistent
with the City ofYelm's Development Guidelines Frontage improvements for Longmire, Van Trump
and Solberg shall be consistent with the section "Local Access Commercial" Frontage improvements
for Coates shall be consistent with the section "Neighborhood Collector" Stevens Street has been
vacated by a Yelm City Council action
11 The proponent shall mitigate transportation impacts based on the new residential p m peak hour
trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1 01 new
peak hour trips per residential unit. The proponent will be responsible for a TFC of $757 50 which
is payable at time of building permit.
Fire
12. The applicant shall submit fire flow calculations for existing hydrants All hydrants must meet
minimum City standards
13 The applicant shall submit a fire hydrant plan to for review and approval
Open Space
14 The applicant shall pay a fee in-lieu-of providing on-site open space The fee in-lieu-of is $6356 35
and is payable prior to final plat approval
Page 5 of 6
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Landscaping
15 The applicant shall submit a final landscaping and irrigation plan for review and approval
16 The applicant shall use Best Management Practices to protect trees identified for retention
Construction fencing shall be placed around trees no closer than the trees drip line
Environmental
17 The applicant shall comply with the mitigation of the MONS issued on December 18, 2000
Property Addresses
18 Prior to submission of final plat application, the applicant will provide the Building Department with
a plat map for addressing
General Public Works
19 Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be
required All lighting design will be submitted to Puget Sound Energy for review and approval
20 The applicant shall submit a grading plan for review and approval prior to anyon-site grading
21 The applicant shall contact the Olympic Air Pollution Control Authority, 909 Sleater-Kinney Rd SE,
Suite 1, Lacey, WA 98502, (360) 438-8768 to secure any necessary permit(s) for the removal of
materials containing asbestos and/or lead paint.
22.
The applicant shall submit a demolition plan to the City for all structures on the project site OAPCA
review must be complete prior to application with the city for a demolition permit
o C "\MyFiles\Case Correspondence\8265stf wpd
Page 6 of 6
PREUMINARY PLAT OF
LONGMIRE MEADOWS
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Exhibit 11- Public Hearing Notice
City of Yelm
5UB-00-8265-Yl
Feb. 20, 2001
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NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
DATE
PLACE.
PURPOSE
Tuesday, February 20,2001,4'00 p.m.
Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
Public Hearing to receive comments on a 23 lot Residential Subdivision, Case
tlSUB-00-8265-YL
APPLICANT. Robert Bussy and Carl Teitge, TEBO Ventures III
PROJECT LOCATION The project site is bound by Longmire St., Van Trump St., Solberg St.
and Coates Rd., Yelm, WA
The Yelm Planning Commission will hold a public hearing to receive comments on a preliminary
plat application to subdivide 3.79 acres into 23 single-family residential lots. The Planning
Commission will make a recommendation of action the City Council. The City Council will act
upon the Planning Commission's recommendation at their February 28, 2001, regularly scheduled
meeting
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Testimony may be given at the hearing or through any written comments on the proposal,
and must be received by the close of the public hearing on February 20, 2001 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 4 days before the meeting
ATTEST
City of Yelm
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Agn s Bennick, City Clerk
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News Friday, February 2, 2001
Posted In Public Areas Thursday, February 1, 2001
Mailed to Adjacent Property Owners. Thursday, February 1, .2001
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Exhibit 11I- Determination of NonSignificance
City of Yelm
SUB-00-8265-YL
Feb. 20, 2001
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SEPA NO 8265
MITIGATED
DETERMINATION OF NONSIGNIFICANCE
Proponent:
TEBO Ventures, 157 Lemieux Lane, Tenino, WA 98589
Description of Proposal'
Subdivide 3 79 acres into 23 single family residential lots The project
includes the construction of stormwater facilities and street improvements
to Longmire Street, Van Trump Street, Solberg Street and Coates Road
Location of the Proposal
The project site is bound by Longmire Street, Van Trump Street, Solberg
Street and Coates Road
SectionfT ownship/Range.
NW 1/4, Section 19, Township 17N Range 2E.
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(2Xc). 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/Mitigating Measures.
SEE ATTACHED
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Lead agency'
Responsible Official
City of Yelm
Shelly Badger, City Administrator
Date of Issue
Comment Deadline
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Shelly Badr r, City Adm@istrator
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This Mitigated Determination of NonSignificance (MONS) is issued pursuant to Washington Administrative Code 197-
11-340(2) Comments must be submitted to Catherine Carlson, Community Development Director, at City ofYelm,
105 Yelm Ave W , P 0 Box 479, Yelm, WA 98597 by 5'00 p.m ,January 2,2001 The City ofYelm will not act on
this proposal prior to 5'00 p.m January 9 2001
December 18, 2000
5'00 p.m., January 2, 2001
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. January 9, 2001 You should be prepared to make specific factual objections Contact Cathie
Carlson, Community Development Director to learn more about the procedures for SEPA appeals This MONS 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 (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, December 22, 2000
Posted in public areas December 18 2000
f\ Copies to All agencies/citizens on SEPA mailing list and adjacent property owners December 18 2000
o Dept. of Ecology w/checklist, December 18 2000
Exhibit 11I- Determination of NonSignificance
City of Yelm
SUB-00-8265-Yl
Feb. 20, 2001
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ATTACHMENT
SEPA CASE NO 8265
This Mitigated Determination of Non Significance is based on the project as proposed and impacts and
mitigation reflected in the following
. Environmental Checklist (dated November 13. 2000, prepared by TEBO Ventures III)
. Preliminary Storm Drainage and Erosion Control Report (dated November 10, 2000, prepared by
HATTON GaDA T PANTIER)
And the following conditions.
1
The proponent shall mitigate transportation impacts based on the new residential p m. peak hour
trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1 01
new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757 50
which is payable at time of building permit.
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2.
The developer shall enter into an agreement with the Yelm School District to mitigate project
impacts to the school district.
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Exhibit IV.. Comment Letters
City of Yelm
SUB-OO..a265-YL
Feb. 20, 2001
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YELM COMMUNITY SCHOOLS
Where all students can learn and grow
Erling BIrkland
DIrector of Facllitles
November 30, 2000
Robert A. Bussey
157 LemIeux Lane
TenIno,VVA.98589
RE. SubdIVIsIOn consIstmg of 23 smgle family lots. SubchVIsIOn "LongmIre Meadows"
located at Longmrre St. NVV, Yelm, VVash.
Dear Mr Bussey,
I have receIved a copy ofthe Large Lot SubdIVIsIOn ApplIcatIOn for your proposed
development of23 new smgle family lots. ThIs sIte IS WIthm the boundanes ofYelm
CommunIty School DIstnct No 2
On December 16, 1994 the Board Of DIrectors ofthe School DIstnct authonzed us to
seek mItIgatIOn fees from land developers and, m accordance WIth the Thurston
County Comprehenslve Plan polley related to schools, you are reqmred to mItIgate
the Impact. of addItIonal students on schools servmg the development.(Reference
paragraph 7 ofthe condItIons for approval ofthe DetermmatIOn ofNonsIgmficance.)
Schools servmg thIs development area are PraIne Elementary, Mill Pond
IntermedIate, Yelm Middle School and Yelm HIgh School. All four of these schools are
currently operatmg wlth portables to handle excess students. The Increase In
students as a result of your proposed development will reqUITe the future purchase of
adchtIOnal portables.Although the cost of each new student IS apprOXImately $3,800
per year, It IS not the mtent ofthe Yelm CommunIty Schools DIstnct to place a
unreasonable burden on the developer, only to offset the result of the development.
VVe currently mItIgate $650 per famIly dwellIng UnIt for smgle family constructlOn.
Tills fee IS not payable until a buildmg permIt IS taken out on a lot or a lot IS sold to a
pnvate party by the developer
YELM COMMUNITY SCHOOLS IS AN EQUAL OPPORTUNITY EMPLOYER AND FOLLOWS TITLE IX REQUlREMENTS
404 Yelm Avenue West, POBox 476, Yelm, Washington 98597 \3(0) 458-6125
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Exhibit IV- Comment Letters
City of Yelm
SUB-00-8265-YL
Feb. 20, 20011
Before we can notIfY the City ofYelm that your development can proceed, you need to
Sign the attached mitIgatIon agreement With Yelm School Dlstnct.
I have prepared the agreement for you Signature should you elect to proceed with tills
proJect. If the proposal IS agreeable with you, SIgn your name on page three and have
the document notanzed on page four and return It to our office.
If you have any questIOns or wish to modIfY the agreement, I will be happy to Slt down
with you and explam the Impact to the School Dlstnct and the steps necessary to
reach a mutual agreement. My phone number IS 458-6128
SIncerely,
~
Inf. CIty ofYelm, Planrung
YELM COMMUNITY SCHOOLS IS AN EQUAL OPPORTUNITY EMPLOYER AND FOLLOWS TITLE IX REQUIREMENTS
404 Yelm Avenue West, POBox 476, YeJm, Washington 98597 1360) 458-6128
Exhibit IV- Comment Letters
City of Yelm
-
SUB-00-8265-YL
Feb. 20, 2001
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Windermere
'] ( '1111
Hello CathIe:
SS-OO-8265- YL
()
You probably dIdn't thInk you'd hear from me hahaha.
Anyway the only thing that I was wondenng about was the
width of some of the lots I thought 50' was a mInimum.
I am concerned that wIth the smallness of the lots that
cheap small homes wIll go up whIch I belIeve wIll put a
stop to anyone interested in upgradIng our area (the
downward spIral as appossed to the upward spiral).
I would love to be wrong and see some cute homes from
1400 to 2000 square feet go up.
We have some choIces to make as to what our town will
look lIke and sometimes waitIng for the nght thing IS better
than just gettIng somethIng up.
I hope there has to be lots of trees along the streets' ! ! ! ,
/
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Windermere Real EstatefYelm WA
PO Bux 1257.60'1 Yclm Avenue West. Yclm, WA 9XS')7 . 3('()/4SX-3XS5 . Fax 360/458-1 X06' E mail wreyell1l@SpryneLcom
Exhibit IV- Comment Letters
-Eity of Yelm
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SUB-00-8265-YL
Feb. 20, 2001
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OLYMPIC
AIR POLLUTION CONTROL AUTHORITY
909 Slcat.cr-Killllcy Rd S I',. Suit.e 1 · Lacey WA 9850:l
December 6, 2000
CIty ofYelm
PO Box 479
Yelm, W A 98597
re SS-00-8265- YL
I am respondmg to a filed apphcatIOn regardmg the d1v1slOn of property located at the LongmIre
Meadows. The apphcatIon states that there IS a home that IS to be demohshed. All demohtlOn
projects must be permItted through our agency also Please have the responsible party contact
our agency, or feel free to pass on the enclosed forms.
For your mformatIon, pnor to any demol1tlOn (renovatlOn, etc), an asbestos survey must be
conducted by an md1v1dual who IS currently certIfied by Washmgton State Department of Labor
and Industry (L&I) A copy of the survey inspection report and lab test results of sampled
matenals, If any, needs to be provIded to OlympIC AIr PollutlOn Control Authonty (OAPCA).
These reports must be sent to OAPCA ten days pnor to the start of any removal and/or
demol1tIon. Also, a demohtlOn permIt must be submItted to OAPCA.
If I % or a greater amount of asbestos IS found, It w1l1 need to be abated accordmg to the law A
Notice of Intent IS reqmred pnor to the abatement. Contact OAPCA for specific mfonnatlOn
regardmg the Notice ofIntent to Abate.
If you have any questlOns, please contact me at 438-8768 ext. 102
Smcerely,
~~
Debbie M~OdY
Admmlstratlve ASSistant II
(HlO) .llH-H7IiH . I-HOO-~,U-)I;L3 . I' -\Llil () \1'1\ ((1) 11'111 C(JIII . 110111<' I'ag( IIUp/III'II'\\ 11'111 COIlI/-o;I!)(";1
I. \\ ( l(}O)I<J 1-(dOH
Exhibit IV- Comment Letters
City of Yelm
SUB-00-8265-Yl
Feb. 20, 2001
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VIRGIL R. AND DARLENE E. BAKER
609 YELM AVE. WEST
PO BOX 727
YELM, W A. 98597
TEL. 360-458-3200
FAX. 360-458-9717
January 4, 2001
Catherine Carlson
Community Development Director
105 Yelm Ave. W
PO Box 479
Yelm, WA. 98597
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RE.
SEPA NO' 8265 Longmire Meadows
Dear Mrs. Carlson.
We are concerned with the density of the above project. We feel to protect our house from this we would
require a 120' cedar 6' high privacy fence on the side of our property that borders this development.
Thank yon
Smcerely,
~~~t3~
Darlene E. Baker
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City of Yelm
04
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
AGENDA
CITY OF YELM PLANNING COMMISSION
TUESDAY, FEBRUARY 20, 4 00 P M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE W
1
Call to Order, Roll Call, Approval of Minutes -
December 18, 2000 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 - Longmire Meadows Preliminary Plat, SUB-00-8265-YL
Applicant: TEBO Ventures III
Proposal Subdivide 3 79 acres into 23 single family residential lots The project includes
the construction of stormwater facilities and street improvements to Longmire
Street, Van Trump Street, Solberg Street and Coates Road
Location The project site is bound by Longmire Street, Van Trump Street, Solberg Street
and Coates Road
Other"
5
Adjourn -
Enclosures are available to non-Commission members upon request.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities If you
are a person with a disability in need of accommodations to conduct business or to participate in
government processes or activities, please contact Agnes Bennick, at 360-458-8404 at least four (4)
working days prior to the scheduled event.
All Planning Commission meetings are audio taped, for information on obtaining a copy please call Yelm
City Hall at (360) 458-3244
NEXT REGULAR MEETING, MONDAY 19, 2001400 P.M
Exhibit IV- Comment Letters
City of Yelm
SUB-00-8265-YL
Feb. 20, 2001
()
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
P.O. Box 47775 · Olympia, Washington 98504-7775 · (360) 407-6300
December 28, 2000
Ms. Cathenne Carlson
Commumty Development Director
CIty of Yelm
PO Box 479
Yelm, WA 98597
Dear Ms. Carlson.
()
Thank you for the opportumty to comment on the m1hgated detennmatIOn ofnons1gmficance
to subdIvIde 379 acres into 23 smgle-family res1denhallots mcludmg constructIOn of
stonnwater facihhes and street Improvements to Longmire Street, Van Trump Street, Solberg
Street and Coates Road (LongmIre Meadows/SEP A No 8265) as proposed by TEBO
Ventures. We reVIewed the enVIronmental checkhst and have the followmg comments:
Demol1hon debns can often be recycled for less than It costs to landfill the matenals. Call
Ecology's I-800-RECYCLE to see If there are facihtles m the area that will accept your
demohhon wastes.
If you have any questIOns or would like to respond to thIS comment, please call Ms. Mikel
Baxter (Solid Waste Services) at (360) 407-0067 or wIth any other queshons regardmg thIS
proposal I can be reached at (360) 407-6787
~~relY,
vJdzLLU~
tL-Kan Rokstad
i SEP A Coordmator
Southwest RegIonal Office
KR.aw (00-8450)
cc Mikel Baxter, SWRO/SW&FAP
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VISITOR SIGN IN SHEET
o
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
ALL CITY PLANNING COMMISSION MEETINGS ARE AUDIO TAPED FOR INFORMATION ON OBTAINING
A COPY PLEASE CALL YELM CITY HALL
AT 360-458-3244
MEETING: YELM PLANNING COMMISSION
DATE: FEBRUARY 20, 2001
TIME: 400 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS
Public Hearing(s): 1.
Longmire Meadows Preliminary Plat
SU B-00-8265- YL
NAME & ADDRESS
MAILING LIST? / SPEAKER?
(Indicate which public hearin!~ by
the assigned numbers above)
4,1Jt1. (J. JetL _' ~"7n# G!4J7" !iJ,J7I&C; /134<; ~~ 1>1.//0 ~I.CJ
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
CANCELLATION
NOTICE
The February 5, 2001 Planning Commission meeting has been CANCELLED The next
meeting of the Yelm Planning Commission will be held in Council Chambers at Yelm City
Hall, 105 Yelm Ave W ,on
Tuesday, February 20,2001, at 400 pm
If there are any questions concerning this change, please call the Community Development
Director, Cathie Carlson at (360) 458-8408
ATTEST
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Agnes Bennick
City Clerk/Treasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Wednesday, January 24,2001
Published in the Nisqually Valley News Friday, January 26,2001
Mailed to the Planning Commission mailing list: Tuesday, January 30, 2001