Agendas and Minutes
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
City of Yelm
CANCELLATION
NOTICE
The DECEMBER 16. 2002, 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, JANUARY 13, 2003 at 4:00 pm.
If there are any questions concerning this change, please call the Community
Development Department at (360) 458-3835
A TTYST
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{A (~, 0b"'t,tt;L
Ag<<es Bennick
City Clerkffreasurer
DO NOT PUBLISH BELOW THIS LINE
Posted TUESDAY, DECEMBER 10, 2002
Mailed to the Planning Commission mailing list' TUESDAY, DECEMBER 10, 2002
The CIty of Yelm IS an Equal Opportumty ProvIder
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YELM PLANNING COMMISSION MINUTES
NOVEMBER 18, 2002,4.00 P m YELM CITY HALL COUNCIL CHAMBERS
John Thomson called the meeting to order at 4 00 P m
Members present: John Thomson, Larry Hansen, Everette Schirman, Joe Baker, Don Carney, Glen I'
Cunningham and Glenn Blando
Staff' Grant Beck and Tami Merriman
Members Absent: Tom Gorman - excused, E J Curry - unexcused
Motion No
Approval of Minutes.
02-23 MOTION BY JOE BAKER, SECONDED BY EVERETTE SCHIRMAN, TO APPROVE THE MINUTES
OF OCTOBER 21, 2002. MOTION CARRIED
Public Communications.
There was no public communication
Public Hearing. Yelm Development Regulations Update
Mr. Thomson opened the public hearing at 4 03 and announced the time, date, place, and purpose of the
hearing No objections to participants or conflicts were expressed I
Mr. Thomson called for a staff report.
Grant Beck discussed the changes made to the draft development regulations update as instructed b~
the Planning Commission in previous worksessions Mr. Beck has prepared the changes in a "redlined"
form to show the additions and deletions to the affected documents I
Mr. Thomson called for public comment. There were none Mr. Thomson called for comment from the
Planning Commission There were none
Being no additional questions or comments, Mr. Thomson closed the public hearing at 4.09 p m
C 02-24
MOTION BY JOE BAKER, SECONDED BY LARRY HANSEN, TO FORWARD THE PROPOSED
CHANGES TO THE DEVELOPMENT REGULATIONS TO CITY COUNCIL FOR REVIEW AI' NO
APPROVAL. MOTION CARRIED
Mr. Beck informed the commission that he attended the Land UsefTransportation conference on October
29, 2002 Mr. Beck spoke to those attending the conference about the importance of the transportation
issues in the Yelm area, and reminded them that not only does the City of Yelm carry heavy traffic fori
Thurston County, but also reminded them that the City borders the Pierce County line, and carries traffic
load for the Tacoma, Span away and military bases, as well as being the only alternative route between
the Tacoma - Olympia
02-25
Election of Officers.
MOTION BY GLEN CUNNINGHAM, SECONDED BY JOE BAKER TO RETAIN TOM GORMAN AS,
CHAIR OF THE PLANNING COMMISION MOTION CARRIED 'i
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MOTION BY GLENN BLANDO, SECONDED BY GLEN CUNNINGHAM TO RETAIN JOHN THOMSON
AS VICE CHAIR OF THE PLANNING COMMISION. MOTION CARRIED I
MOTION MADE BY LARRY HANSEN, SECONDED BY GLENN BLANDO TO ADJOURN THE
MEETING MOTION CARRIED
02-26
02-27
Meeting adjourned at 4.20 p m
Respectfully submitted,
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Tami Merriman, Planning Technician
Tom Gorman, Chair
Date
Yelm Planning Commission
November 18, 2002
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City ofYelm
YELM
WASHINGTON
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
To Yelm Planning Commission ,
From Grant Beck, Director of Community Development ~.
Date November 12, 2002
Subj Public Hearing - Update to Development Regulations
Attached to this report is the hearing draft of the updated development regulations,
as reviewed by the Planning Commission at it's October public meeting
The Commission has scheduled a public hearing for the proposed update on
November 18, 2002, at which time testimony on the proposed changes will be taken
by the Commission After the public hearing, the Commission should be prepared
to discuss the proposed amendments and to provide staff with direction on whether
to forward the amendments to the City Council either as drafted or with
amendments
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Community Development staff has provided public notice of the upcoming hearing
by publishing a notice in the Nisqually Valley News and posting notice in the City
Hall and at the Yelm Timberland Library Copies of the proposed amendments
have been available for public review since October 23, 2002, along with the
previous staff reports
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The CIty of Yelm IS an Equal Opportumty ProvIder
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Yelm Municipal Code
Chapter 17.06
17.06.682 Setback.
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17.06.080 Acreage or area, gross.
"Gross area" or "gross acreage" means all land
within the exterior boundaries of the development,
including, but not limited to all land allocated for
open space, critical areas, buffers, streets, roqds,
public and private rights-of-way and easements,
including all utility easements.
17.06.390 Kennel.
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"Kennel" means any place where more than six
adult dogs amlfor cats, or other canines or felines,
beyond the age of f.our months, are kept feF
commercial purposes, including grooming, board and
sate., by persons providing facilities for breeding. and
the offspring thereof are sold for profit; or where
such animals are received for care, training and
boardin? for compensation. but not including a small
animal hospitaL clinic. pet shoiJ. or a hobby kennel as
defined by Chapter 6.08 YMC.
17.06.600 Parcel.
"Parcel" refers to contiguous land in common
ownership or control not identified as lots, lawful
final plats or short plats recorded under Chapter
58.17 RC'N. A property owner has a single "parcel"
for purposes of this ordinance where the property is
contiguous regardless of the number of tax parcels or
other nonsubdi'lision segmentations ..."hich may
appear.- means a lot or tract of land created in
accordance with the Chapter 58.17 RCW and Title 16
YMC and intended as a unit for the purpose. whether
immediate or future. of transfer of ownership. If the
parcel was not created pursuant to Chapter 58.17
RCW and the Title 16 YMC. the external boundaries
existing as of December 3 L 1992. shall be used to
establish what is a parcel for the purposes of this
code. For parcels which have not been conveyed
smce that date. the legal description used in the
C conveyance closest to that date shall control.
"Setback" means the distance between any
building foundation and the adjacent facing lot line.
17.06.685 Site plan review committee.
"Site plan review committee" means a committee
composed of the city plannercommunity development
director, who shall serve as chairman of the
committee, the city administrator, the city director of
public works the city engineer. and the building
official, or their designees.
New Section Temporarv Use.
A commercial land use limited in scope. duration.
and intensity.
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Yelm Municipal Code
Chapter 17.09
17.09.045 Allowable Densitv.
When calculating the number of dwelling units
allowed on a parcel. the gross area is used and the
subsequent number of units is rounded to the first
significant digit.
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Yelm Municipal Code
Chapter 17.39
Chapter 17.39 - Delete entire Chapter
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Yelm Municipal Code
Chapter 17.40
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17 40.020 Permitted uses.
A. Specific types permitted in the industrial
district include
1..\11 uses permittod outright m the
Industrial/Warehouse Chapter 17.39.
1. Public buildings and uses, including shops
and public safety facilities.
2. Industrial activities involving the
manufacture, assembly, repair, servicing
of goods or products. Such goods or
products may include, but are not limited
to
a. Mechanical, automotive, marine and
contractors' or builders' equipment and
supplies,
b Concrete, cement, asphalt, building
materials and supplies,
c. Electrical and electronic equipment or
products;
3 Industrial activities involving the assembly
of manufactured products, re-
manufacturing/ recycling and processing
of materials. Such products may include,
but are not limited to
a. Wood products, including furniture,
b Metal, cans, cable and pipe,
c. Plastics and synthetic materials,
d. Concrete products,
e. Cloth, paper,
f. Commercial bakery goods,
g. Cosmetics or other products for
personal use,
h. Agricultural or dairy products,
4 Other uses.
a. Power generation, distribution or
supply,
b Warehousing and storage of
equipment, commodities and products,
c. Gas and petroleum processing or
distribution,
d. Laundry and dry cleaning plants,
e. Care and/or sale of livestock;
5 Accessory uses clearly subordinate to, and
an integral part of, the primary use of the
property (e.g., plant cafeteria, recreation
area);
6. Commercial uses or activities which
complement the permitted uses such as.
a. Service stations,
b. Hardware stores.
7. Living or residential quarters as an
accessory use such as guards' quarters in
large establishments where such quarters
are customarily provided for security
and/or insurability ofthe premises.
B Similar or related uses permitted, and criteria
for determination of similarity Of- relatedness
as follows.
1 Uses similar to, or related to, or
compatible with those listed or described
in subsection 17 40.020(A) are permitted
upon a finding by the approval authority
and/or the site plan review committee that
a proposed use does not conflict with the
intent of this chapter or the policies of the
Yelm development plan,
2. The criteria for such finding of similarity,
etc., shall include but not be limited to the
following:
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1. Scientific, medical and precision
instruments and equipment,
j Livestock rendering facility,
k. Auto wrecking yards.
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Yelm Municipal Code
Chapter 17 40
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a. The proposed use is appropriate in this
area,
b The development guidelines for
permitted uses can be met by the
proposed use,
c. The public need is served by the
proposed use.
e. Special uses may be permitted as provided for
in Chapter 17.66 of this title.
D On-site and off-site hazardous waste treatment
and storage facilities as an accessory use to
any activity lawfully allowed in this zone,
provided that such facilities meet the state
siting criteria adopted pursuant to the
requirements of RCW 70 105.210.
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Yelm Municipal Code
Chapter 17.60
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17.60.125 Refuse Areas.
A. Refuse container screening shall be required
and be of a material and design compatible
with the overall architectural theme of the
associated structure. shall be a least as high as
the refuse container. and shall in no case be
less than six feet high.
B. No refuse container shall be permitted
between a street and the front of a building.
C. Refuse collection areas shall be designed to
contain all refuse generated on site and
deposited between collections, Deposited
refuse shall not be visible from outside the
refuse enclosure.
17.60.190 Final review and approval--
ApplicationnRequired documentation.
The applicant shall submit at least seven copies of
the application for final review and approval of the
PRD to the planning community development
department for its review The application for final
review and approval shall comply with the conditions
imposed on the preliminary approval. In addition, if
the PRD is being immedIately subdivided, the data
required of regular plats as required by the
subdivision ordinance must be submitted. The
application shall include the following:
A. Final elevation and perspective drawings of
project structures,
B Final landscaping plan,
e. Final plans of and including profiles of the
drainage, water, sewer, lighting, streets and
sidewalks or pathways,
D Such other documentation, information and
data not lending itself to graphic presentation
such as restrictive covenants, incorporation
papers and bylaws of Homeowners'
Associations, dedications of easements, rights-
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of-way and other conditions specifically
required by the approval authority for the
particular PRD
No final PRD application shall be deemed
acceptable for filing unless all of the above
information is submitted in accurate and complete
form sufficient for the purposes of planning
community development department review After
receiving the final PRD application, the planning
community development department shall route the
same to all appropriate city departments, and each
department shall again submit to the planning
community development department comments and
recommendations.
If the city departments determine that the final
PRD application conforms fully with all applicable
regulations and standards, the final PRD application
shall be presented to the city council for final
approval.
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Yelm Municipal Code
Chapter 17.61
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17.61.040
Q Refuse Areas.
1. Refuse container screening shall be
required and be of a material and design
compatible with the overall architectural
theme of the associated structure. shall be
a least as high as the refuse contalller, and
shall in no case be less than six feet high.
2. No refuse container shall be permitted
between a street and the front of a
building.
3. Refuse collection areas shall be designed
to contain all refuse generated on site and
deposited between collections, Deposited
refuse shall not be visible from outSIde the
refuse enclosure.
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Yelm Municipal Code
Chapter 17.62
17.62.060 Master plan approval.
A. Purpose. The master plan shall consist of
map(s) and text which indicate major
development features and services for the
entire site, including a schedule indicating
phasing of development and the means of
financing services for the site.
B. Review A complete master plan for the entire
master plan area shall be submitted within
tflree-ten (10) years of conceptual approval
unless an extension has been granted pursuant
to Section 17 62.070 The master plan shall be
reviewed by the planning commissionhearing
examiner and a recommendation submitted to
the city council for final action. The planning
commissionhearing examiner shall not
recommend approval of a master plan unless
the commission exmaniner has conducted a
public hearing pursuant to RCW 35A.63.073
and it is determined that said plan is consistent
with the conceptual approval and complies
with the policies of the comprehensive plan,
the purposes of Section 17.62.020, and the
provisions of this chapter The planning
cOfl1lliissionhearing examiner may
recommend terms and conditions of approval,
and require the provision, and further public
review, of additional information and analyses
in order to insure such compliance. In
addition, the planning commissionhearing
examiner may propose changes in the
proposed master plan or the proposed zoning
on the basis of information presented in the
course of master plan review, as long as the
changes are consistent with applicable city
plans and policies. Changes not consistent
with city plans and policies may be made only
if conceptual approval or other plans or
policies are first amended accordingly
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Yelm Municipal Code
Chapter 17.69
17.69.090 Appeal procedure.
Any person aggrieved by the determination of the
city clerk to grant a home occupation permit may
appeal such determination to the city councilHearing
Examiner Any person aggrieved by the
determination of the city council to grant, deny or
revoke a home occupation permit may appeal to the
city council for reconsideration of such
determination. Any appeal made pursuant to this
section shall be in writing and filed with the city
clerk within thirty days from the date of the
determination being appealed, and shall contain a
complete statement of the grounds upon which such
appeal is based. Any appeal filed in compliance with
this section pertaining to the revocation of a home
occupation permit shall stay the revocation of such
permit pending reconsideration by the city council.
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Yelm Municipal Code
Chapter 17 70
New Chapter 17.70 - Temporary Uses
17.70.010 Applicability.
Temporary events and uses that are of low impact
(being limited in scope, intensIty and duration).
17.70.020 Purpose.
To identify temporary uses which are low-impact
and limited-duration actIvities that would otherwise
be subiect to a site plan review approval. site
improvements, and connection to sewer and water.
17.70.030 Temporary Uses.
A. The following temporary uses may be
authorized. subiect to specific limitations in
this section and such additional conditions as
may be established by the site plan review
committee.
6. Fund raIsing car washes.
7. Uses found by the Site Plan Review
Committee to be similar in nature and
impacts to those listed temporary uses.
B. Standards for Temporary Uses.
1. Each site occupied by a temporary use
shall be left free of debris, litter or other
evidence of temporary use upon
completion of the use.
2. A temporary use shall not occupy more
than 15% of the parking spaces required
for the primary use of the property.
3. Temporary uses must provide sufficent
off-street parking and vehicular
maneuvering area for customers.
4. No temporary use shall occupy parks
without an approved park use request or
any publIc rights-of-way.
5. The site plan review committee may
establIsh such additional condItions as
may be deemed necessary to ensure land
use compatibility and to minimize
potential impacts on nearby uses. These
include, but are not limIted to. conditions
regulating the time and frequency of
operation, parking and traffic circulation
requirements, screening, and site
restoration.
1. Contractor's offices, equipment storage
sheds and storage yards, and portable
lavatories on the site of a permItted, active
construction proiect, for a duration not
exceeding one year.
2. Circuses, carnivals. rodeos, fairs or similar
transient amusement or recational
activities.
3. Christmas tree sales lots and fireworks
stands, limited to location on lots not used
for residential purposes in commercial or
industrial zones.
4. Indoor or outdoor sales sponsored by
schools or other nonprofit organizations
for no more than three days per event and
no more than four times In any calendar
year.
5. Seasonal sale of unprossessed agricultural
products. limited to location on not used
for residential purposes in commercial
zones WhICh are improved to current city
standards.
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Yelm Municipal Code
Chapter 17 70
17.80.070 Species choice.
The applicant shall utilize plant materials that are
drought resistant and complement the natural
character of the Pacific Northwest.
17.80.090 Performance assurance.
A. The required landscaping must be installed
prior to issuance of the certificate of
occupancy unless the approval authority or
site plan review committee determines that a
performance assurance device, for a period of
not more than one year, will adequately
protect the interest of the city In no case may
the property owner/developer delay
performance for more than one year
B. The city may accept, as an alternative to a
performance assurance device, a contractual
agreement or bond between the
owner/developer and a licensed landscape
architect, Washington-certified nurseryman or
Washington-certified landscaper, along with a
rider or endorsement specifically identifying
the city as a party to the agreement for
purposes of enforcement. Nothing in this
alternative shall be interpreted to in any way
modify the conditions of subsection
17.80.090(A).
c. If a performance assurance device or evidence
of a similar device is required under
subsections 17.80090(A, B), the approval
authority shall determine the specific type of
assurance device required in order to insure
completion of the required landscaping in
accordance with the approved landscaping
plan. The value of this device must equal one
hundred fifty percent of the estimated cost of
the landscaping to be performed, and shall be
utilized by the city to perform any necessary
work, and to reimburse the city for
documented administrative costs associated
with action on the device. If costs incurred by
the city exceed the amount provided by the
assurance device, the property owner shall
reimburse the city in full, or the city may file a
lien against the subject property for the
amount of any deficit.
D If a performance assurance device or evidence
of a similar device is required under
subsections 17.80.090(A, B), the property
owner shall provide the city with an
irrevocable notarized agreement granting the
city and its agents the right to enter the
property and perform any required work
remaining undone at the expiration of the
assurance device.
E. Upon completion of the required landscaping
by the property owner, at or prior to expiration
of the assurance device, the city shall
promptly release the performance assurance
device or evidence thereof.
F. The owner/developer of any proiect requiring
site plan review approval, subdivision
approval, or short subdivision approval shall
provide a perfonnance assurance device in
order to provide for maintenance of the
reqUIred landscaping until the tenant or
homeowners association becomes responsible
for landscaping maintenance. The
perfonnance assurance device shall be 150%
of the anticipated cost to maintain the
landscaping for three (3) years.
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Yelm Municipal Code
Chapter 17.84
17.84.010 Generally--Committee membership.
A. Site plan review and approval shall be
required prior to the use of land or building
for the location of any commercial, industrial
or public building or activity, including
environmental checklist review, and for the
location of any building in which more than
two dwelling units would be contained.
Additionally, site plan review shall be
required for any allowed, regulated or special
use activity on lands containing a wetland or
wetland buffer areas pursuant to the
requirements of Chapter 14.08.
B Exemptions from site plan reVIew and
approval shall be granted by the site plan
review committee if:
Ltflere.- There is no addition of square feet or
no additional tenant, aH-or the expansion is
for storage only (future conversion of
storage area would require compliance
with this chapter)~
L --and--tIhe proposed use is similar as
classified by the Standard Industrial Code
Classification Manuat
3. the building has been occupied within the
previous 18 months.
C. An application, in completed form, shall be
filed for site plan review and approval with
the city planning community development
department. An application shall not be in
completed form under this section if it fails to
contain any of the information and material
required under Section 17.84.060
D The site plan review committee shall consist
of the following members. the €ity
pkHmel:community development director, who
shall serve as chairman; city administrator; the
city director of public works the city engineer.
and the building official, or their designees.
17.84.040 Appeal of decision to Gi:ty
CouncilHeariUl! Examiner
Appeals of all site plan review decisions may be
taken to the City Council hearing examiner in
accordance with Chapter 15 49 of the Yelm
Municipal Code.
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Yelm Municipal Code
Chapter 17.93
17.93.030 Abandonment or discontinuance.
A nonconforming use shall be deemed abandoned
by discontinuance or abandonment for a period of
eighteen consecutive months, and any subsequent
future use of such land or buildings shall be in
conformity with the provisions of this title.
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Yelm Municipal Code
Chapter 14.04
14.04.030 Designation of responsible official.
For those proposals for which the city is the lead
agency, the responsible official shall be the eity
administratorcommunitv development director of the
city of Yelm. For all proposals for which the city is
the lead agency, the responsible official shall make
the threshold determination, supervIse scoping and
preparation of any required environmental impact
statement (ElS), and perform any other functions
assigned to the lead agency or responsible official by
those sections of the SEP A Rules adopted by
reference in the ordinance codified in this chapter
The city shall retain all documents required by the
SEP A Rules and make them available in accordance
with Chapter 42.17 RCW
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Yelm Municipal Code
Chapter 15.40
15 40.020 Process
A. Whenever a reviewing authority is asked to
consider the approval of a division of land for
sale or lease or the approval of a site plan, the
reviewing official shall make a written
determination of concurrency in connection
with facilities proposed or available for the
project.
B With respect to each of the public facilities
identified above, concurrency shall be
established and determined as follows.
1 Sewer
a. The project is within an area approved
for sewer pursuant to the adopted
sewer comprehensive plan for the city;
b Improvements necessary to provide
city standard facilities and services are
present or are on an approved and
funded plan to assure availability in
time to meet the needs of the proposed
development. Yelm Municipal Code
15 40.030
2. Water
a. The project is within an area approved
for municipal water service pursuant to
the adopted water comprehensive plan
for the city;
b Improvements necessary to provide
city standard facilities and services are
present or are on an approved and
funded plan to assure availability in a
time to meet the needs of the proposed
development.
3 Parks. The project meets the requirements
of the city fee-in-lieu requirements for
parks, Chapter 14 12 YMC.
4 Schools. The project sponsor provides a
letter from the local school district that the
school facilities impacted by the proposed
development are present, or are on an
approved and funded plan, to assure that
facilities will be available to meet the
needs and impacts of the proposed
development.
5 Transportation.
a. The project makes on-site and frontage
improvements, consistent with city
standards for utilities, curbs, gutters,
sidewalks, bicycle lanes where
appropriate, and roads necessary to
serve the proposed project consistent
with safety and public interest;
b The project makes such off-site facility
improvements, not listed on the capital
facilities plan, as are necessary to meet
city standards for the safe movement of
traffic and pedestrians attributable to
the project. Where a developer is
required to oversize an off-site facility
for a project by more than 10 percent
of the need generated by the proposed
project, the city may consider a
developer reimbursement contract as
authorized by state law;
c. The project makes a contribution to the
facilities relating to capacity
improvements identified in e.ff-s.ite
comprehensive transportation planthe
adopted six year traffic improvement
program, III the form of a
transportation facility charge
calculated pursuant to Section
15.40.020 (B)(5)(d) YMC based on the
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Yelm Municipal Code
Chapter 15.40
list of projects specified to be
constructed 'Nithin the next six years,
or as partial credit against such charge,
constructs a portion of the six year
facility, in which case a credit shall be
Given for the reasonable cost incurred
therein, but not to exceed the extent of
potential savings to the city;
d. Table 15 40.020(5)( d) and Appendix
A * to the ordinance codified in this
chapter is the traffic report identifying
the transportation facility charge for
the six-year road program in place at
the date of the adoption of said
ordinance. Such traffic report is to be
updated no less than annually, by July
1st, of each year; provided, however,
the plan in effect shall remain in effect
until a successor plan is fully adopted.
15.40.030 Determination and payment of the
transportation facility charge.
A. The transportation facility charge shall be
based on the per peak-hour trip rate identified
in the report from transportation trip
calculations based on a transportation report
consistent with city standards.
B. City standards shall include
1 Standard transportation assumptions as
identified in Table 1540.030(B)(I), Trip
Generation Rate Default Values, P.M.
Peak Hour;
2. For facilities not on the standard
transportation assumptions, the Institute of
Traffic Engineers Trip Generation Manual
for the most recent year;
3 For projects WIth nontraditional peak hour
impacts or different from standard projects
modeled in said Table 1, a special report,
based on generally accepted traffic
engineering principles may be submitted
and considered.
C. Credits shall be given to reflect the projected
impact on the community system such as,
traffic decreases where an existing facility on-
site is removed or replaced, and traffic
reduction systems which are binding and
likely to remain effective for the life of the
project.
D Credits may also be given for projects whlch
create a significant economic benefit to the
community, including industrial or
manufacturing uses with an excess of 500
trips per day The size of the credit shall be
measured at an appropriate percentage of the
anticipated annual tax revenue increase to the
community and available for capital
contribution to transportation facilities on the
approved plan as a result of the project. The
said credit shall be calculated as detailed in
Table 15 40030(D), Formula for Calculating
TFC Credits.
Table 15.40.030(D) Formula for
Calculating TFC Credits
1 Estimated gross revenue for six years.
2. Multiply gross revenue by 0.2 percent
(B and 0 tax).
3 Multiply gross revenue subject to sales
tax by 1.5 percent (city share of state
sales tax).
4 Add products of 2 and 3 above.
5 Multiply total from line 4 by mne
percent (percentage of tax revenue
budgeted to city road fund).
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Yelm Municipal Code
Chapter 15 40
6 Multiply product from line 5 by 28
percent (percentage of money in the
road fund that is designated as private
share for projects on the TFC).
E. Payment of the transportation facility charge
shall be as follows.
1 For projects involving the division of land
for sale or lease upon the issuance of a
building permit for construction of each lot
of record, for the traffic attributable to that
lot;
2. For projects approved through site plan
review. upon the issuance of the building
permit authorizing the construction of any
phase, for the traffic associated with that
phase.
3. For proiects approved through site plan
review which do not include a list of
tenants at the time of approval. upon the
issuance of the building permit for the
tenant improvements. if required. or
otherwise upon the issuance of the
business license. for the traffic associated
with that tenant.
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Yelm Municipal Code
Chapter 16.12
16.12.300 Hearing examiner review
Upon receipt of all required administrative
approvals, the community development director eity
plafmeF shall forward any proposed fmal full plat and
imy-large lot subdiVIsion of five or more lots to the
hearing examiner for appropriate action. The hearing
examiner shall review such full subdivision and
forward its recommendation to the city council. The
hearing examiner shall render a decision regarding
such large lot subdivision.
16.12.310 Council review.
Upon receipt of the all required administrative
approvals, the community development dIrector shall
forward any proposed final full plat to the city
council for appropriate action. hearing examiner's
recommendation the administrator shall present the
plat to the city council. Upon finding that the final
plat has been completed in accordance with the
provisions of this title and that all required
improvements have been completed or that
arrangements or contracts have been entered into to
guarantee that such required improvements will be
completed, and that the interests of the city are fully
protected, the city council shall approve and the
mayor shall sign the final plat and accept dedications
as may be included thereon. The mayor shall
immediately return the final plat to the city
clerk/treasurer for filing for record with the county
auditor
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Yelm Development Guidelines
Chapters 3, 4, 5, 6, and 7
Change references to the Director of Public
Works to City Engineer and Public Works to
Community Development, where appropriate.
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Yelm Development Guidelines
Chapters 3
3.010 Standard Specifications
Change the list of adopted reference documents
from specific editions to the latest edition.
3.110 Utility Locations Right of Way
Permits
B Permit Appeal.
Any person, firm or corporation feeling aggrieved
by the decision of the City Engineer as to the
granting of a permit may file an appeal pursuant to
Section 15.49.160 YMC shall have thirty days within
which to make ,witten appeal to the City Clerk,
setting forth his reason or reasons for such appeal,
and such appeal shall be considered and passed upon
by the City Council, and the results of such
consideration forwarded to the appellant vdthin five
days of the hearing thereon.
3.150 Annexation Requirement
Delete entire section.
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Yelm Development Guidelines
Chapter 4B
4B.030 Functional Classification
City streets are divided into boulevards, major
arterials, urban arterials, commercial and
neighborhood collectors, local access commercial,
and residential streets and alleys in accordance with
regional transportation needs, the functional use of
each serves and Transportation Policy No 11
Function is the controlling element for classification
and shall govern Right-of-Way, road width, and road
geometries. The following list is provided to assist
the developer in determining the classification of a
particular street. Streets not listed are classified as
residential local access streets. New streets will be
classified by the City The intersection commonly
known as Five Corners is described as Yelm Ave.
Commercia) ColJectors
Creek Street SE
Edwards Street NW (from Yelm Avenue to
Coates Street SE)
Killion Road NW (adjacent to commercially
zoned areas)
Morris Road SE
N P Road NW
Rhoton Road NW (from NE First Street to
NW Rhoton Court)
Stevens Avenue NW
West Road SE
103rd Street NE (from Yelm Avenue to NE
Creek Street)
Neighborhood ColJectors
Burnett Road SE
Clark Road SE
Coates Street SE
Crystal Springs Road (including Y-6
improvements-upon opening of Y -3 west)
Cullens Road
Killion Road NW
Middle Road SE
Mill Road SE
(SR 507)/Bald Hill Rd. SE/Morris Rd. SEINE Creek
St./SR 507
Boulevard Swale or w/Central Island
Berry Valley Road SW (beyond commercial
section through SW Yelm annexation
area)
Major Arterials
First Street (from Y-1/Y-2 llltersection to
Y elm Avenue)
Killion Road extension (so. to Berry Valley
Road to Boulevard section)
Y-I (SR-510)
Y-2 (SR-507)
Urban Arterial
Y elm Avenue East and West
Mosman Avenue SE
Mosman Avenue SW
Mountain View Road NW
NeIghborhood Collectors continued-
Ordway Drive
Railway Street SE
Rhoton Road NW (from NW Rhoton Court to
Canal Rd. SE)
Southwest Access (Y-7 improvements)
Vancil Road SE
Wilkensen Road
93rd Avenue SE
105th Avenue
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Bald Hills Road (Y -9 improvements)
Canal Road (including Y-3 improvements)
First Street (north ofYelm Avenue)
Grove Road (including Y 3 improvements)
Stevens-Coates Connector (Y-4
improvements)
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Yelm Development Guidelines
Chapter 4B
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Local Access Commercial
Edwards Street SW (from Yelm Avenue to
Mosman Avenue)
Jefferson Avenue NE
Jefferson Avenue NW
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Jones Street SE
Longmire Street SW (to Jones Street)
Mckenzie Avenue SE (from SR 507 to Second
Street)
Railroad Street NW
Rice Street SW (from Jones Street SE to NW
Jefferson Avenue)
Solberg (Jefferson to Coates)
Van Trump Street
Second Street SE
Solberg Street SW (from Jones Street SE to
NW Jefferson Avenue)
Third Street SE (from Jones Street SE to NE
Jefferson Avenue)
Local Access Residential
Flume Road SE
Fourth Street SE
Longmire Street SW (to Jones Street)
100th Way SE
103rd Street NE (from NE Creek Street to
Canal Road SE)
All remaining roadways withm the Yelm
UGA
6.110 Backflow Prevention
All water system connections to serve buildings
or properties with domestic potable water, fire
sprinkler systems, or irrigation systems shall comply
with the minimum backflow requirements as
established by the Department of Health (DOH) and
the City of Yelm.
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The installation of all backflow devices is
required to protect the existing water system and
users from possible contamination.
Public Works shall get the certificate for testing
of any backflow prevention device before releasing
the certificate of occupancy on any building. Test
may be performed by any person holding a current
backflow tester certificatecertified by the Washington
State Board of Health. A list of approved testers may
be obtained from Washington Environmental
Training Resource Center (WETRC) located in
Auburn, Washington.
Yelm Fire District No 2 will test the fire line and
obtain the certificate for underground piping. In any
situation, Yelm Fire District No 2 will not test their
portion of underground until Public Works has tested
and approved their main up to the fire line.
4B.070 Private Streets
See definition of private street in Section 3.025
A. Private streets within City limits shall not be
allowed except when approved by the City
and when all conditions of this section are
met.
B Private streets will not be allowed when.
1 The proposed street is connected to two
public streets.
2. The intersection of the proposed street
with another street is signalized. (150 LF
of the private street starting from the
Right-of-Way will then be required to be a
public roadway).
3 The street could be used as a thoroughfare
or "short cut"
4 It would not be in the best interest of the
public due to a threat to the public's
safety, health, and welfare.
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Yelm Development Guidelines
Chapter 4B
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C. Private streets may be allowed under the
following conditions.
1 Permanently established by tract or
easement providing legal access to serve
unlimited dwelling units situated on one
parcel and sufficient to accommodate
required improvements, to include
provisions for futUi"e use by adjacent
property owners when app Iicab leThe
private street is permanently established
by tract or easement providing legal
access, including provisions for future use
by adiacent property owners, when
applicable, and
2. If the private street serves Fef--nine (9) or
fewer dwelling units, iLshall require a
minimum 3D-foot paved surface, and have
a sidewalk 4 feet in width. constructed to
City standards. Private street serving
multi family or mobile homes all on one
parcel shall provide a [0Ui" foot sidewalk
on one side with such a desi;n as to
prevent parking on the sidewalk, and
3 Accessible at all times for emergency and
public service vehicle use, and
4 Will not result in landlocking of present or
future parcels nor obstruct public street
CIrculation, and
5 Covenants have been approved, recorded,
and verified with the City which provide
for maintenance of the private streets and
associated parking areas by the owner or
homeowners association or other legal
entity
D Acceptance as Public Streets. Acceptance of
private streets as publIc streets will be
considered only if the street(s) meet all
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applicable public street standards, including
Right-of-Way widths, walks, drainage,
lighting, and pavement composition.
4B.080 Street Frontage Improvements
C. Frontage Improvement Deferrals. In certain
circumstances it may not be appropriate to
require installation of frontage improvements
at the time a development occurs. In such
situations, the City may permit deferral of
installation of such improvements to a later
date under the provisions of this section.
The City may authorize a deferral of any or all
required frontage improvements as defined by these
Standards, provided one or more of the following
criteria are met:
· The design grade and alignment of the
abutting street cannot be determined at
the time of construction of the
development.
· The installation of frontage
improvements required for the
development would create or intensify a
hazard to public safety
· The installation of required frontage
improvements would be inconsistent
with the City's long-range street and
utility system comprehensive plans.
· The installation of frontage
improvements required III paragraph A
of this section could be more safely,
efficiently and effectively implemented
if done concurrently with the installation
of improvements required for other
properties along the same street frontage.
· The scope of the improvement being
authoflzed by the permIt does not
constitute a significant change III the
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Yelm Development Guidelines
Chapter 4B
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existing demands of the use of property
upon the City's transportation and utility
transmission systems.
financing of such improvement. Such
payment shall be refunded in full, plus
interest to the successor in interest in the
Any deferred frontage improvement shall be
secured for installation at a later date by one of the
following methods selected by the City
1. Commitment to Participate in a Local
Improvement District. The property
owner shall execute and record a covenant
property should the City not install the
required frontage improvements within
five (5) years form the date such payment
is made.
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document that insures the participation of
the subject property owner(s) in any local
improvement district formed for the
construction of such frontage
improvements. Said document shall be in
a form acceptable to the City Attorney and
shall be effective for a period of fifteen
(15) years from the date of recording.
If the developer chooses to participate in a
Local Improvement District, the document
shall include an agreement that the subiect
property owner( s) shall construct required
frontage improvements when directed by
the Public Works Director at any time
within the effective life of the covenant
document. The Public Works Director
shall require frontage improvements to be
installed by the subiect property owners(s)
when the street is improved by fundmg
methods other than a Local Improvement
District.
2. Payment in Lieu of Installation. The
property owner shall pay to the City an
amount equal to the estimated value of the
required frontage improvements as
determined by the Public Works Director
Such amount shall be deposited into a
municipal fund account reserved for the
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Yelm Development Gnidelines
Chapter 6
Amend the following detail sheets.
Drawing 6-1 5/8" Single Meter Service
Drawing 6-2. 5/8" Dual Meter Service
Drawing 6-3 1 Vi' to 2" Meter Service
Drawing 6-4 1 2 Inch Blow-Off Assembly
Drawing 6-5 3" - 4" - 6" Water Meter
Drawing 6-8 2" Air and Vacuum Release Valve
Drawing 6-9 2" Blowoff Assembly
Drawing 6-11 Standard Valve Box
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HEARING AND DECISION GUIDE
~ I k.f t:L.e.CAJl- Co." --..I- ~ r ~ lf4 t-:c ~ Vf~"" ~
(TITLE)
Lr + 7' .'c;;1 3 I tc--r
OPEN HEARING /~S ~
U . c.A~
IDENTIFY YOURSELF ~4. '-\. ~ ~eA.ot l Wl
ST ATE THE DATE; TIME; AND PLACE If,'03 P "" j/",v r.!j J c>D<. ~1- c. -S
II
STATE THE SUBJECT OF THE HEARING - ASK SPEAKERS TO SIGN UP ~~~~r
~.c--.t .."
ASK IF ANY MEMBER HAS A POSSIBLE CONFLICT OF INTEREST )/~~
.:/
ASK IF ANYONE IN THE AUDIENCE OBJECTS TO ANYONE PARTCIPATING ~O
ASK IF ANY MEMBER HAS RECEIVED INFORMATION PRIOR TO HEARING / AI c>
CALL FOR STAFF REPORT
CALL ON APPLICANT
~/~
CALL FOR COMMENTS FROM PUBLIC
~~A-
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ASK MEMBERS IF THEY HAVE ANY QUESTIONS
CLOSE HEARING
~.I 'r c.tt#r-ed 'f.'ZJ 1 pot.,) ('81' )..OCl 2-
ST.~.TE WHETHER COUNCIL WILL REVIE\'I COMMISSION DECISION ~->
REMIND AUDIENCE THEY MAY SIGN UP FOP NOTICE OR COpy OF DECISION
RECORD OF DECISION (PASS TO SECRETARY)
Decision ~~onditional1Y approve deny
~!/f2:L
Flndlngs and concluslons f (/,~ ~
Staff report adopted? ~~
Conditions of approval? }/c-~.
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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 mailjn~ list
to receive future agendas and minutes II
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: NOVEMBER 18, 2002
MAILING LIST? / SPEAKE~?
(Indicate which public hearin!g by
the assigned numbers above)'
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TIME: 400 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS
Hearing:
1.
Yelm Development Regulations Update
NAME & ADDRESS
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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, NOVEMBER 18, 2002
4 00 P M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE WEST
1 Call to Order, Roll Call, Approval of Minutes
October 21,2002, 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 Development Regulations Update
Staff Report Enclosed
4
Other
Update - TRPC Land Useffransportation Conference Update
Election of Officers
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 shall be:
MONDAY, DECEMBER 16, 2002 - 400 P M
The CIty of Yelm IS an Equal Opportumty ProVIder
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Motion No
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YELM PLANNING COMMISSION MINUTES
OCTOBER 21, 2002, 4 00 P m YELM CITY HALL COUNCIL CHAMBERS
Tom Gorman called the meeting to order at 4.00 p m
Members present: Tom Gorman, John Thomson, Everette Schirman, Joe Baker, Don Carney, Glen
Cunningham
Staff' Grant Beck and T ami Merriman
Members Absent: E J Curry, Glenn Blando, and Larry Hansen were unexcused
Three commission members arrived late Mr. Gorman proceeded with the worksession agenda item
without a quorum, and moved agenda items 1 & 2 after the worksession, when a quorum was present.
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WORK SESSION. Yelm Development Regulations Update I
Mr. Beck discussed with the commission the additional changes made to the development regulations, as
recommended by the Commission at the August 19, 2002 Planning Commission Meeting Mr. Beck II
discussed proposed changes Chapter 15 40 Concurrency Management, changing the ordinance to allow
TFC funds to be used for capacity related projects throughout the City Also included in the proposed
update are administrative and typographical changes, as well as updating some detail drawings.
Mr. Carney suggested adding language to 17 70 030(A) temporary uses to say. #7 Or similar uses as
approved by the Site Plan Review Committee I
Mr. Carney stated that the minutes should be amended to reflect that he was not in attendance at the
August 19, 2002 meeting
Approval of Minutes.
02-21 MOTION BY JOHN THOMSON, SECONDED BY JOE BAKER, TO APPROVE THE MINUTES OF
AUGUST 19, 2002 AS AMENDED MOTION CARRIED
Public Communications.
Mr. Ron Smith from Source Manufacturing introduced himself and his business to the Planning
Commission Mr. Smith explained that his manufacturing company makes concrete blocks from recyeled
products A sample was shown to the Commission Mr. Smith stated that this business would provid~
employment and profit to the residents of the City of Yelm, mostly to the youth and senior citizens jVI~.
Smith stated that Thurston County will not allow him to run his manufacturing business in the County,lland
they would like to relocate to the Industrial area of the City Mr. Smith stated that he would like for his
partner from London come and explain the business venture to the City I
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Mr. Gorman suggested that Mr. Smith attend a City Council meeting to introduce his idea to the COlJhcil
Members II
Mr. Cunninqham suggested that Mr. Smith attend a Chamber of Commerce meeting to introduce his iaea
to those members ;
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Mr. Beck informed the commission of a Land UsefTransportation meeting on October 29, 2002, and !
invited them to attend I
02-22 MOTION MADE AND SECONDED TO ADJOURN THE MEETING MOTION CARRIED :
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Meeting adjourned at 4 45 P m I
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Respectfully submitted, i
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Tami Merriman, Planning Technician
Tom Gorman, Chair
Date
Yelm Planning Commission
October 21 2002
Page 1
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City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
To Yelm Planning Commission
From Grant Beck, Director of Community Development
Date October 15, 2002
Subj 2nd Work session - Update to Development Regulations
At it's last regular meeting, the Planning Commission reviewed draft changes to the
development regulations for consideration as part of the annual update of these
land use regulations The Commission asked that the Community Development
Department review the proposed changes for temporary uses In addition, the
Public Works and Community Development Departments have reviewed the
Development Guidelines and have a series of proposed amendments to bring the
guidelines up to date
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Proposed Amendments to the Zoning Code - Title 17 YMC
New Section Temporary Use A land use limited in scope, duration, and intensity
New Chapter 17.70 - Temporary Uses
17.70010 Applicability Temporary events and uses that are of low impact (beinq
limited in scope, intensity and duratIon).
1770.020 Purpose To identify temporary uses which are low-impact and limited-
duratIon activities that would otherwise be subject to a site plan review approval,
site improvements. and connection to sewer and water.
17.70.030 Temporary Uses.
A. The followinq temporary uses may be authorized. subiect to specific
limitations in this section and such additional conditions as may be
established by the site plan review committee
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Contractor's offices, equipment storaqe sheds and storage yards, and
portable lavatones on the site of a permitted, active construction
pro;ect, for a duration not exceeding one year.
Circuses, carnivals, rodeos, fairs or similar transient amusement or
recational actIVIties
2.
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The City of Yelm IS an Equal Opportumty ProVIder
Staff Report to the Planning Commission
Page 2
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3.
Christmas tree sales lots and fireworks stands, limited to location on
lots not used for residential purposes in commercial or industrial
zones.
Indoor or outdoor sales sponsored by schools or other nonprofit
orqanlzat,ons for no more than three days per event and no more than
four times in any calendar year.
Seasonal sale of unprossessed agricultural products, limited to
location on not used for residential purposes in commercial zones
which are improved to current city standards.
Fund raising car washes.
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5.
6.
B. Standards for Temporary Uses.
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1. Each site occupied by a temporary use shall be left free of debris, litter
or other evidence of temporary use upon completion of the use.
2. A temporary use shall not occuPY more than 15% of the parking
spaces required for the primary use of the property.
3. Temporary uses must provide sufficent off-street parking and
vehicular maneuvering area for customers.
4.
No temporary use shall occuPY parks without an approved park use
request or any public rights-of-way.
5. The site plan review committee may establish such additional
conditIons as may be deemed necessary to ensure land use
compatibility and to minimize potential impacts on nearby uses.
These include, but are not limIted to, conditions regulating the time
and frequency of operation, parking and traffic circulation
requirements, screeninq, and sIte restoration.
Proposed Amendments to the Concurrency Management Code - Chapter
15.40 YMC
Section 15.40 020 (B)
5 Transportation
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The project makes on-site and frontage improvements, consistent with
city standards for utilities, curbs, gutters, sidewalks, bicycle lanes
where appropriate, and roads necessary to serve the proposed project
consistent with safety and public interest;
The project makes such off-site facility improvements, not listed on the i,l
capital facilities plan, as are necessary to meet city standards for the
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safe movement of traffic and pedestrians attributable to the project. !
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Staff Report to the Planning Commission
Page 3
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Where a developer is required to oversize an off-site facility for a
project by more than 10 percent of the need generated by the
proposed project, the city may consider a developer reimbursement
contract as authorized by state law;
The project makes a contribution to the facilities relating to capacity
improvements identified in off site comprehensive transportation
f3ffiRthe adopted six year traffic Improvement program, in the form of a
transportation facility charge calculated pursuant to Section 15.40 020
(B)(5)(d) YMC based on the list of projects specified to be constructed
'Nithin the next six years, or as partial credit against such charge,
constructs a portion of the SIX year facility, in which case a credit shall
be given for the reasonable cost incurred therein, but not to exceed
the extent of potential savings to the city;
Table 15 40 020(5)(d) and Appendix A* to the ordinance codified in
this chapter is the traffic report identifying the transportation facility
charge for the six-year road program in place at the date of the
adoption of said ordinance Such traffic report is to be updated no less
than annually, by July 1 st, of each year; provided, however, the plan in
effect shall remain in effect until a successor plan is fully adopted
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Proposed Amendments to the Development Guidelines
C Chapters 3, 4, 5, 6, and 7
Change references to the Director of Public Works to City Engineer and Public
Works to Community Development, where appropriate
3.010 Standard Specifications
Change the list of adopted reference documents from specific editions to the latest
edition
3.110 C Utility Locations - Right of Way Permits
Permit Appeal
Any person, firm or corporation feeling aggrieved by the decision of the City
Engineer as to the granting of a permit shall be pursuant to Section 15.49.160 YMC
shall have thIrty days within which to make 'Nntten appeal to the City Clerk, setting
forth his reason or reasons for such appeal, and such appeal shall be considered
and passed upon by the City Council, and the results of such consideration
forv'Jarded to the appellant within five days of the hearing thereon
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Staff Report to the Planning Commission
Page 4
o 3.150 Annexation Requirement
Delete entire section, as service provision is adequately addressed in the adopted
Comprehensive Water Plan and Comprehensive Sewer Plan
4B 030 Functional Classification
City streets are divided into boulevards, major arterials, urban arterials, commercial
and neighborhood collectors, local access commercial, and residential streets and
alleys in accordance with regional transportation needs, the functional use of each
serves and Transportation Policy No 11 Function is the controlling element for
classification and shall govern Right-of-Way, road width, and road geometrics The
following list is provided to assist the developer in determining the classification of a
particular street. Streets not listed are classified as residential local access streets
New streets will be classified by the City The intersection commonly known as Five
Corners is described as Yelm Ave (SR 507)/Bald Hill Rd SE/Morris Rd SEINE
Creek St./SR 507
Boulevard Swale or w/Central Island
Berry Valley Road SW (beyond commercial section through SW Yelm
annexation area)
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Major Arterials
First Street (from Y-1/Y-2 intersection to Yelm Avenue)
Killion Road extension (so to Berry Valley Road to Boulevard section)
Y-1 (SR-510)
Y-2 (SR-507)
Urban Arterial
Yelm Avenue East and West
Bald Hills Road (Y-9 improvements)
Canal Road (including Y-3 improvements)
First Street (north of Yelm Avenue)
Grove Road (including Y 3 improvements)
Stevens-Coates Connector (Y-4 improvements)
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Commercial Collectors
Creek Street SE
Edwards Street NW (from Yelm Avenue to Coates Street SE)
Killion Road NW (adjacent to commercially zoned areas)
Morris Road SE
N P Road NW
Rhoton Road NW (from NE First Street to NW Rhoton Court)
Stevens Avenue NW
West Road SE
103rd Street NE (from Yelm Avenue to NE Creek Street)
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Staff Report to the Planning Commission
Page 5
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Neighborhood Collectors
Burnett Road SE
Clark Road SE
Coates Street SE
Crystal Springs Road (including Y-6 improvements-upon opening of Y-3
west)
Cullens Road
Killion Road NW
Middle Road SE
Mill Road SE
Mosman Avenue SE
Mosman Avenue SW
Mountain View Road NW
Neighborhood Collectors continued -
Ordway Drive
Railway Street SE
Rhoton Road NW (from NW Rhoton Court to Canal Rd SE)
Southwest Access (Y-7 improvements)
Vancil Road SE
Wilkensen Road
93rd Avenue SE
105th Avenue
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Local Access Commercial
Edwards Street SW (from Yelm Avenue to Mosman Avenue)
Jefferson Avenue NE
Jefferson Avenue NW
Jones Street SE
Longmire Street SW (to Jones Street)
Mckenzie Avenue SE (from SR 507 to Second Street)
Railroad Street NW
Rice Street SW (from Jones Street SE to NW Jefferson Avenue)
Solberg (Jefferson to Coates)
Van Trump Street
Second Street SE
Solberg Street SW (from Jones Street SE to NW Jefferson Avenue)
Third Street SE (from Jones Street SE to NE Jefferson Avenue)
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Local Access Residential
Flume Road SE
Fourth Street SE
Longmire Street SW (to Jones Street)
1 Oath Way SE
103rd Street NE (from NE Creek Street to Canal Road SE)
All remaining roadways within the Yelm UGA
Staff Report to the Planning Commission
Page 6
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6.110 Backflow Prevention
All water system connections to serve buildings or properties with domestic potable
water, fire sprinkler systems, or irrigation systems shall comply with the minimum
backflow requirements as established by the Department of Health (DOH) and the
City of Yelm
The installation of all backflow devices is required to protect the existing water
system and users from possible contamination
Public Works shall get the certificate for testing of any backflow prevention device
before releasing the certificate of occupancy on any building Test may be
performed by any person holding a current backflow tester certificatecertified by the
'Nashington Stntc Board of Health A list of approved testers may be obtained from
Washington Environmental Training Resource Center (WETRC) located in Auburn,
Washington
Yelm Fire District No 2 will test the fire line and obtain the certificate for
underground piping In any situation, Yelm Fire District No 2 will not test their
portion of underground until Public Works has tested and approved their main up to
the fire line
c
Detail Drawings
Amend the following detail sheets as noted in the attachments
Drawing 6-1 5/8" Single Meter Service
Drawing 6-2 5/8" Dual Meter Service
Drawing 6-3 1 %" to 2" Meter Service
Drawing 6-4 1 2 Inch Blow-Off Assembly
Drawing 6-5 3" - 4" - 6" Water Meter
Drawing 6-8 2" Air and Vacuum Release Valve
Drawing 6-9 2" Blowoff Assembly
Drawing 6-11 Standard Valve Box
o
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11
II
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* (OR .'\rrR0\1~]) EQiJAL)
MIDSTATES, BCF-l'415-r2RL
CONCRETE
DRIYEWA Y
& OTHER
TRAFFle
AREAS
SERVICE SADDLE
ROMAC 2b2S OR
I
ROCKWEU. J13 METER BOX
I
l"x 1" FORD GRIP JOINT
CORPORA I nON STOP TYPE
ra 1101
*CARsoN
PLASTIC "1'4.:1 9
READER uo--... ~
1" PLASTi'C LINE (USE 200 PSI
DR? PHILLIPS OR.ISCO PIPE 5100 ~
POL YETHYLENE PIPE)
VALVE E!..~.:." DIA. PVC
RISER. ~ BELOW
I . 2% SLOPE TO BOX
18"
I
19 1/2"
..
....
/\
. /. ;,
12"
12"
FORD VH 72-15W 5/8"x
J/4" COPPER METER SETTER
'MTH CHECK VALVE AND
UNION NU T AND SW1VEL FOR
CONNECTING 1 U IRON PIPE
1 "x 1" FORD GRIP
JOINT CORPORA TlON
STOP TYPE F8 1101
CITY OF YELM, WASHINGTON
DEPT OF PUBLIC WORKS
5/8"
METER
SINGLE
SERVICE
SERVICE SADDLE
NOTES.
1. STAINLESS STEEL INSEl~TS
RE.QUIRED FOR. ALL PACK JOINTS.
2. ALL SERVICE SADDLES SHALL AND
FI TTlNGS SHALL HA VE IP THRE.ADS.
APPROVED
DWG. NO.
PUBLIC WORKS DIRECTOR
DES. OWN CKD.
TEW TEW DLM
6-1
DATE
DATE
3/15/00
JEG
C- 8''' '- 3 ~)
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BALL VALVE (CURB STOP)
WITH PACK JOINT
IX)
'-.
?"'-
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SERVICE SADDLE
ROMAC 2025 OR
ROCKWELL 313
;1" x 1-~" FORD PACK JOINT
CORPORA TIONSTOP 61 (),..i l'
~"
1 " POLYETHYLENE LINE
METER
18"
1- 2% SLOPE TO BOX
L\.
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12"
t,
CURB
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"
14 GAUGE INSULATED COPP ER
TONING WIRE WRAPPED
AROUND THE PIPE (SEE
GENERAL NOTES NO 7)
1" x 1" FORD PACK JOINT'"
CORPORATION STOP TYPE FB 11 1
4" dL
SCH~ 40 pve
12"
1 Jl PLASTIC LINE (USE 200
PSI PHILLIPS DRISCO PIPE
5100 POLYETHYLENE PIPE)
I
\ SERVICE
SADDLE
FORD B61-555
WITH PACK JOINT & FEMALE
I P THREADS ~ ~
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,
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NOTES.
1 STAINLESS STEEL INSERTS REQUIRED FOR ALL
PACK JOINTS.
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S_~V1CE
2 ALL SERVICE SADDLES SHALL HAVE RUBBER
GASKET AND I.P THREADS.
DWG. NO.
()
PUBLIC WORKS DIRECTOR DA TE 6..;..,.;.2
DES. OWN CKD DA TE
JEG TEW SRN TEW 3/15/00
1 1/2"-2". MALE
ADAPTER ~
BALL VALVE
(CURB STOP)
21"
METER
1 1/2"-2" POLYETHYLENE LINE
FORD
PACK JOINT
CORPORA nON
STOP F"B 1101
SERVICE SADDLE
ROMAC 202S OR
ROCKWELL 313
32"
...
......
()l4GAUGE
INSULA TED
COPPER
TONING WIRE" 4
WRAPPED
AROUND THE
PIPE (SEE
GENERAL WITH CAP FOR TH INSTALLATIONS.
NOTES NO. FORD PACK JO T
7) I 1- CORPORATlO STOP. TYPE B'
b3W - PLASTIC LINE (USE 200
221/ PSI PHIlliPS DRlseD PIPE
2 5100 POLYETHYLENE PIPE)
! fORD BALL VALVE
\ WITH PACK JOINT & FEMALE
I.P THREADS
SERVICE SADDLE
I" 2% SLOPE. T. 0 BOX ..
(VARIES)
~~
41
CURB
><:i
J> -,i ,<:1
~.
v
12"
* 3W'@
NOTES.
1. STAINLESS STEEL INSERTS REQUIRED FOR ALL
PACK JOINTS.
2. ALL SERVICE SADDLES SHALL HAVE RUBBER
GASKET AND I.P THREADS.
CITY STANDARD FOR COPPER SETTERS ARE:
1 1/2" - FORD VFH 66-15x13 OR EQUAL
() 2" - FORD VFH 77-15x17 OR EQUAL
BY-PASS VALVE
W /LOCI<ABLE CAP
~~
~
CITY OF YELM, WASHINGTON
DEPT. OF PUBLIC WORKS
1 1/2"
METER
TO 2"
SERVIC'EI~ III
~
APPROVED
DWG. NO.
PUBLIC WORKS DIRECTOR
DES. DWN. CKD
TEW TEW TEW
DATE 6-3
DATE
3/15/00
JEG
-2" GALV PLUG
_ -2" SLEEvE COUPLING
()
18" 'jALVE BOX TOP
_ B-1D CONCRETE METER
BOX WITH METAL LID
~ - .",
~<<T
__ -24" VALVE BO/ BOTTOM
-2" GALV PIPE
()
DOUBLE STRAP
SADDLE-..
\. 2" CORPORATION
~ STOP '\
w~
, 2" GATE VALVE ~
\ WITH:2" OPEN NUT---I
FIRE LINE ~
CI TY OF YELM
DEPT OF PUBLIC WORKS
2 II\~CH BLOVV-OFF
ASSE~/lBL Y
()
APPROVED DWG. NO
CITY ENGINEER DATE 6-4.1
DES uWN. CKD DATE
JEG TEW TE'N TEvV 3/15/00
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-GEr\JERAL rJGTES-
1 ALL PIPE. 'lA.LVES, FITTIHGS AND OTHER MATERIAL USED SHALL
CONFORM TO I'WWA. STANDARDS (U\TEST EDITIOr~)
2. ALL CONSTRUCTION SHALL COHFORM TO 'Ill/SOOT 1 APWA STANDARDS
SPECIFICATIOHS, 20uO EDITION AND CITY OF YELM STA.r,DARDS
(~
"-
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VAULT, UTILITY VAULT OR APPROVED EQUII.L, SIZED TO MAINT.AIN CLEARI',NCES AS SH0WH.
~ROCKWELL FUlNGED TURBO-METER, MODEL '1'>1-1000 DR-READS IN CUBIC FEET
*ROCKWELL FLANGED STRAINER.
~ROCI'WELL #912 FLA~IGED COUPLING ADAPT0R.
~DUCTILE IRON PIPE-CLASS 50 INSTALL \l,ALVE AT MMI L1~IE TEE.
~X~X~ TEE (MJxFLGxFLG).
~GATE VA.LVE (FLGxMJ) W /2" THRD. PLUG
~BLlND FLAHGEO W 12" THREADED OUTLET
~xL" DOUBLE STRAP D.I. SADDLE W/2' THRD. PLUG.
2" ROCKWELL SCREWED TYPE SE METER-READS IN CUBIC FEET
2 GATE VALliE, KENNEDY FIG 982 vV/HANDWHEEL.
2" ,,6" THRD GALV NIPPLE.
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01''-1
2" COMPRESSION COUPLING ROCi<WELL #522.
2" THRD GAL'! PIPE-CUT TO LENGTH REQUIRED
2" THRD GALV ELl.
2" ADJUSTABLE PIPE SUPPORT-GALVANIZED
VALVE BOX W/WATER MARKED ON LID
MASTIC AND MORTAR SEAL
CIT y' OF YELM
DEPT OF PUBLIC WORKS
3'; - 4" - 6 jJ \Nl~ TER
METER
REMO\.'ABlE DOORS SHi\LL BE A tvllNIMUM OF 6' -0" \(
3' -0" DIAMOND PLATE HIHGED LOCKING DOORS, WITH
HINGES LOCATED AT E.i'<CH E~ID OF OPENING DOORS
SHiH HAVE A~I H-20 lOAD RATING IN AREAS THAT .I>.RE
SUBJECT TO VEHICLE TRAFFIC. DOORS SHALL BE SPRING
LOADED WITH OPEH POSITIOH lOCK.
@ VAULT ~HALL DRAIN TO DAYLIGHT OR STORM DRA.IN.
" ~ 3",4",OR 6" DEPE~JDI~IG ON SERVICE LINE SIZE APPROVED
~WTE: A.PPRO\/ED EQUAL SUBSTITUTIONS MAY BE MADE
F'iP MOST MATERIAL;;, EXCEPT THE MITER AND THE
PIPE.
DWG. NO
6-5
DATE
CKD
TEW
DATE
3/15/00
DES
,JEG TEVI/
1" GALVANIZED 2-90. ELBOWS
STEEL PIPE TO
FIT
"'-WASHED GRAVEL PASSING
1 /2" AND RETAINED ON
"" 1 I 4" MESH
"-2 - 2";6 GLAV PIPES BURIED 3' WI 1/2" WIDE
STAINLESS STEEL PIPE CLAMP
~~&G si",~p1 t.~V
AIR AND VACUUM
VALVE 1" APCO ~
MODEL 143C,
CRISPIN UL20 OR /
EQUAL
1" -90. ELBOW '
(TYP) /
""
~
NOTES
1 AIR & VACUUM VALVE ASSEM8LY MUST BE INSTALLED A.T HIGHEST POINT OF LINE
~E ALL FOR I"NOCKOUTS TO .ALLOW FOR DRAINAGE
3 FACE OF METER BOX TO BE LOCATED l' IN BACK OF CURB
4 WHERE AIR RELEA.SE VALVE FALLS OUTSIDE OF PLANED IMPROVEMENTS REPAIR
SIDEWALl< TO MATCH EXISTING
5 THE WATER SERVICE LINE SHALL HAVE 36" OF COVER BELOW FINISH GRADE
eONCRE II:. Mt.l ER DGX I" OG TITE METER SEAL to
~o J 11 111'[ 2 WITI j I L. I::lASE Ot'< l:.l...!lJAt:
~ -~ --7ij~3=8e.=F---I~~1""'I'~- - --
-!
/jQ.J,. L. V A. LV.... e. c.-...,.." s ror
-1" ~ATE '/!.LVE, TfiREADED BRONZE R€D WFlIl't:-
z fiORI? FIG.~lO. 280 OR [QUAL
~
/1" DRISCOPIPE 5100 ULTRA-LINE PIPE
/ OR APPROVED EQUAL (200 PSI MIN).
MUELLER INSTA- TITE COUPLING
#15408 OR APPROVED EQUAL
-------CORPORATION STOP
FORD F500 OR
EQUAL
~SERVICE SADDLE 1"
ASSEMBLY-SINGLE STRAP.
ROMAC 101 S OR EOUAL
CI TY OF YELM
DEPT OF PUBLIC WORKS
2 H ,L\ I R A I\J 0
RELEASE
VACU[,-J[\~
VALVE
APPROVECi
DWG NO
6. METALLIC (DETECTABLE MARKING) TAPE SHALL BE COLOR CODE BLUE AND SHALL BE
iMPRINTED CONTINUOUSLY OVER iTS .ENTlRE LENGTH IN PERMANENT BLACK IN I<' > WITH
THE MESS.AGE "WATER LINE BURIED BELOW" AND THE WORD "CAUTION" PROMINENTLY
SHOWN TAPE SHALL BE A 2" MIN WIDTH.
7 ST ~...f S JL e.. tA V'..c...
"""'H T PI'''' << 11 ~L.J. tl.~
JEG
PUBLIC \IVORf<S DIRECTOR
DES. DWI~
TEW TEW
6-8
o
o
DATE
Ct<O
TEW
DATE
3/15/00
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"BROOK SERIES 36 CONCRETE
'X-..", . ~ '... 'II. ~ ~ . ,,,';
"J . j,~.
#4 REBAR TO MEET
ASTM A615 GRADE
60 FY:::6000PSI
,.
,.' ~.
..;
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".~ .~
.:: i. . J t
.:... .... L() ~',~ ..4 4'
./ ~.
;
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...- ~
COMMERCIAL CO~~CRETE,--.
PAD - 8' x 3' x 4" \
(IF OUTSIDE PAVED
ROADW A Y) \ --
\\. :'- '.- .
j .. .,~
, 1 5'
1.., :~ -':.):
" ~'" ,
1 ~~ /
'.
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~. . .....
.5
.... :"* .~.
: -
.. .... ~ ,.. ".:I
,,..;. ..:.
;'
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i _
5'-0"
MIN
1 5'
P.AVEMENT~,\
\
6"
.. "'.. .~."'..
<.
.
. .:i:... ... ~.'" A -.1.. -1/",
TRNC FLOW 250
WA TERCONNECTlON
TRUFLOW TF250
HYDRANT
VALVE BOX
WITH COVER
SEE NOTE 1
/
42" MIN COVER
2" DIA BRASS
5'-0"
()
COMMERCIAL CONCRETE7
THRUST BLOCK
CAP WITH 2" I P
THREADED TAP 7 /
.~..~
.J>.. ..
DUCTILE ~
IRON PIPE
2" THREADED
FLANGE (TYP)
SWING JOINT AT
BASE OF HYDRANT
2" DIA BRASS
36" MIN
,
:/,("/ x0"~ .... ... .'. . ~( .
..5< Y7~"";" . ,;/Co...'9 .>;::""v.;".' ,/",
./ ">7/:/>,< /-<.(~~>':;::>c/>"/
2" GATE VALVE SHALL BE- .'-'~).('5-~0
EQUAL WITH 2" SQUARE M
& H STYLE 4067 OR
OPERATING NUT
(COUNTERCLOCKWISE
OPENING) SEE NOTE 2
NOTES
'- PIPE BEDDING TO
2" ABOVE PIPE
;:~:';.../
~ THRUST
BLOCK
UNDISTURBED
EARTH
CITY OF YEUv1, Wl'\SHI~~GTON
OEPT OF PUBLIC WOF.KS
c)
VALVE BOX AND COVER SHALL BE PER
YELM VALVE BOX DETAIL 6-11
2 ON WATERMAINS WHICH WILL BE EXTENDED
IN THE FUTURE, THE VALVE WHICH
OPERATES THE BLOWOFF ASSEMBLY SHALL
BE THE SAME SIZE AND PROVIDED WITH A
CONCRETE THRUST BLOCK
2" BLOWOFF ASSEMBLY
APPROVED
DWG NO
PUBLIC WORKS DIRECTOR
DATE
6=9
DES.
TEW
DATE
3/15/00
JEG
3'
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..... . / . ":....-- RECESSED HANDLE TYPE
~ I COVER
----r--] F INLAND FOUNDRY #248
6 3/4' / VALVE BOX: WITH "YELM
8 3/4" ... .... I WATER" CAST IN LID
! SECTION;/
LJ FINISHED GRADE
6 "4.g(':F;~;m~1l;ES~;L:~~~h/;;:;;~ j;,
~ Y.%'S>>'S>>';0/.Y/))
I.'v 11
c x
~ ~ ,..1 wd..,r
" ~:: ---6" SDR ~ PVC ~rv~'E:fr'
" I ~ ::g PIPE CONFORMING TO ~
~ RISER PIPE TO BE
PLUMB AND CENTERED
I OVER VALVE STEM
I I ~
I CD f+----/L.J 1/4 4""
'/2 /XC/~
II @
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r- 3' x 3' x 4"
/ CLASS 3000
/ CONCRETE PAD
10"
..p".::,i ...c;T., \To"
, "
OUTSIDE PAVED AREA
TRACER WIRE
AR4000W
0:::
(Ii w
>
w 0
0::: ()
<(
> 2:
I ::J
2:
I- -
a.. Z
w 2:
a
I ~
(..I 11)
Z to
W
n::
I-
() 05'
BALLAST
CONCRETE CL
INSIDE PAVED ROADWAY
NOTE:
()
VALVE STEM EXTENSION LEGEND
CD VALVE OPERATING NUT OR 1 7/8"
X 1 7/8" X 2" HIGH GRADE STEEL
WELDED TO RISER SHAFT
@ 3/16" Thk ^ 5 1/5" DIA STEEL
GUIDE PLATE WELDED TO RISER
SHAFT
@ 2"X2"X 3/16" SQUARE STRUCTURAL
STEEL TUBING TO FIT OPERATING
NUT LENGTH AS REQUIRED.
NOTE.
ALL WELDS TO SHAFT SHALL BE 1/4"
FILLET WELD ALL AROUND
VALVE STEM RISER
REQUIRED WHEN MAX
36" IS Ei<CEEDED
(LENGTH VARIES)
CITY OF YELM, W/\SHIf'.JGTON
DEPT OF PUBLIC WORKS
STA~.JDARD
VALVE BOX
APPROVED
OWG. NO.
JEG
PUBLIC WORKS DIRECTOR DiI. TE 6 - 1 1
DES. DW~J CVD DATE
TEW TEW TEW 3/15/00
1808170
o
other location other than the street on whIch the
user's house is addressed.
3 Label lettermg shall be at least one mch
hIgh.
L. Mamtenance
1 Owners' responsibihtIes and the enforce-
ment thereof:
a. Mailboxes shall be mamtamed m good
working order
b Mailbox supports shall be mamtamed
plumb, with mmImal play
c. Mailbox owners shall correct any
defects wIthin one calendar week ofwntten notIce
from the town.
d. The town shall have the right to
remove any mailbox WhICh remams m poor repair
after one week's due notIce.
e No permit shall be required for
replacement of an eXIsting mailbox or ganged
mailbox with a new mailbox or ganged mailbox
mstallatIOn m the same location. Any such replace-
ment shall comply WIth the town's current standard
specifications and details.
2. Town Responsibihties.
a. The town, and any other utihty com-
pany, road constructIOn contractor, or other entity
permitted to build and mamtam facihtIes m the
pubhc nght-of-way, shall maintam mailboxes, and
access thereto, dunng activItIes in the pubhc nght-
of-way
b Any temporary or permanent obstruc-
tIon, removal, or replacement of any mailbox shall
be coordmated with the Eatonville postmaster and
the town.
c. Any replacement of mailboxes associ-
ated WIth such constructIOn shall be of the same or
better quality, as determined by the town.
d. Mailbox owners shall be entitled to
replacement of any mailboxes removed for utIlity
or road construction, WIth standard umts mstalled
m accordance WIth the standard details.
e. ReproductIon of custom features shall
not be reqUIred. (Ord. 98-07 S 13, 1998)
o
18.08.170 Projections into required yards.
Certain archItectural features may project into
reqUIred yards or courts as follows Cornices, can-
opies, eaves or other architectural features may
protrude up to a dIstance of two feet mto any
reqUIred yard. (Ord. 94-06 S 2, 1994).
o
18.08.180 Structures to have access.
Every buildmg hereafter erected or moved shall
be on a lot adjacent to a public street, or with access
EA'7\Y'lV I LL~
to an approved pnvate street, and all structures
shall be so located on lots as to provide safe and
convement access for servicmg and reqUIred off-
street parking. (Ord. 94-06 S 2, 1994).
18.08.190 Exceptions to height regulations.
The heIght limItatIOns for the various dIstncts
shall not apply to spIres, flagpoles, belfnes, cupo-
las, noncommercIal antennas, ventilators, chIm-
neys or other appurtenances usually reqUIred to be
placed above the roof level and not intended for
human occupancy The heIght lImItations shall not
apply to barns and silos proVIded that they are not
located wIthm 50 feet of any lot hne. Town-owned
elevated reservOIrs, water tanks, or police traInIng
towers and standpIpes are exempt from height
restnctIons. (Ord. 94-06 S 2, 1994).
18.08.205 Temporary use regulations.
ThIS sectIOn shall be known as the temporary
use regulatIOns. ProviSIOns authonzIng temporary
uses are Intended to permIt occaSIOnal temporary
uses, actiVItIes and structures when conSIstent WIth
the purpose of thIS title and when compatible WIth
the general vlCmity and adjacent uses.
A. PermItted Uses. The follOWIng types oftem-
porary uses, actIVItIes and assocIated structures
may be authorized, subject to speCIfic hmitatIOns
m thIS section and such addItIonal condItIons as
may be establIshed by the planning dIrector
1 Contractor's office, storage yard and
eqUIpment parkIng and servicIng on the site of any
actIve constructIon proJect;
2. CIrcuses, carnIvals, rodeos, fairs or SImi-
lar tranSIent amusement or recreatIOnal actIVIties,
3 Indoor or outdoor art and craft shows and
exhibIts,
4 Christmas tree sales lots, fireworks and
flower stands, lImIted to locatIOn on lots not used
for reSIdentIal purposes in commercial or industnal
zonmg dIstncts,
5 Mobile home reSIdences used for occu-
pancy by supervisory and security personnel on the
SIte of an actIve constructIOn project;
6 Mobile home reSIdential umts used for
occupancy by secunty personnel when not other-
WIse allowed as an accessory use,
7 Indoor or outdoor speCIal sales, includmg
swap meets, flea markets, parkmg lot sales, ware-
house sales or SImilar actIvities, limIted to loca-
tIons on lots not used for reSIdential purposes in
commercial or industrial dIStrIctS, and when oper-
ated not more than 10 days m the same month,
unless otherwise permItted by the town,
18- 72
I
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,
,
I
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Eatonville MunicIpal Code
o
8 Temporary use of mobile trailer umts or
similar portable structures for nonresidential pur-
poses, located m distncts where the use is a permit-
ted use;
9 Seasonal retail sales of agncultural or
hortlCultural products raised or produced off the
premises, to be permitted m commercial or mdus-
tnal zonmg dIstncts only;
10 Temporary SIgns relatmg dIrectly to the
temporary uses described in thIS section, which
may be permitted for a period not to exceed the
operatIOn of the use. The signs may be portable m
nature and must be placed on the premises. No off-
premises signs are permitted. No more than two
signs per use shall be permitted and no sign shall
exceed a 32-square-foot total of all faces. MaXI-
mum SIgn heIght shall be eIght feet. No SIgn shall
be reqUIred,
11 Garage sales, moving sales and SImilar
actIVIties for the sale of personal belongmgs when
operated not more than three days m the same week
or more than tWIce m the same calendar year No
permIt is reqmred,
12 Fund-raIsmg car washes. No permIt IS
reqUIred, ,
13 The board of adjustment may authonze
addItional temporary uses not hsted m thIS subsec-
tion when it IS found that the proposed uses are in
comphance WIth the reqUIrements and findings of
subsection (C) of thIS sectIOn.
B CondItions of Temporary Use.
1 Each SIte occupIed by a temporary use
shall be left free of debris, litter or other eVIdence
of temporary use upon completIOn or removal of
the use.
2. A temporary use conducted m a parkmg
faCIlIty shall not occupy more or remove from
availabihty more than 25 percent of the spaces
required for the permanent use, except in the down-
town commercial zoning distnct or as approved by
the town counCIl.
3 Each SIte occupIed by a temporary use
must provide or have avaIlable sufficient off-street
parking and vehIcular maneuvenng area for cus-
tomers. Such parkmg need not comply with the
development reqUIrements of Chapter 18 05 EMC,
but must provide safe and effiCIent mtenor CIrcula-
tIon and mgress and egress from the pubhc nght-
of-way
4 No temporary use shall occupy or use
pubhc rights-of-way, parks or other pubhc lands m
any manner unless speCIfically approved by the
town council.
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1808.201
5 No temporary use shall occupy a SIte o~
operate within the town for more than 30 day~
wIthm any calendar year except as follows. II
a. When authorized by the comrmssion,
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a temporary use may operate an addItIOnal 90 days
If It IS found that such an extension will be consis~
tent WIth the reqUIrements of subsectIOn (C) oftll1s
sectIOn. II
b When authonzed by the town council,
a temporary use may operate up to one addltionali
year If it IS found that such an extenSIon will b~
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conSIstent WIth the requirements of subsectIOn (q
of thIS sectIOn. II
6 All SIgnS shall comply WIth the reqUIreiT
ments of Chapter 1806 EMC, pertaming to SIgn
regulations, except as otherwise speCIfied m thI~
section. II
7 All temporary uses shall obtam, pnor to
occupancy of the SIte or culmmatIOn of actIvItIe~l
all required town permits, hcenses or other appro~T
als, e g., busmess hcense, buildmg permIt, zomng
permIt, etc. II
8 The plannmg dIrector may estabhsh sucn
addItIonal condItIOns as may be deemed necessarf
to ensure land use compatibihty and to mlmmIze
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potentIal Impacts on nearby uses. These mclude
but are not hmlted to time and frequency of oper~~
tIon, temporary arrangements for parkmg and tra~~
fic CIrculatIOn, reqUIrements for screening dr
enclosure, and guarantees for SIte restoration an~
cleanup followmg temporary use. /I
C DetermmatIons. The planmng director may
authonze the temporary uses described m subsec'-
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tIOn (A) OfthIS sectIOn after consultatIOn and COOl;..
dmation WIth all other apphcable toJh
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departments and other agenCIes and only when tlie
followmg determmatlOns can be made II
1 The temporary use will not ImpaIr tlie
normal, safe and effective operation of a pennM..
nent use on the same site, 1/
2. The temporary use WIll be compatible
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WIth uses m the general vlcmlty and on adjacent
properties, II
3 The temporary use will not impact public
health, safety or convenience, or create traffic ha~-
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ards or congestIon, or otherwIse mterrupt or mter-
fere WIth the normal conduct of uses and actIvltI~s
m the vlcmity; II
4 The use and associated structures and hv-
ing quarters will be conducted and used m a mJ-
ner compatible with the surroundmg area, II
5 The temporary use shall comply WIth all
apphcable standards of the Tacoma-PIerce County
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health department. :
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1808.224
D Application and AuthorizatIOn.
1 ApplicatIon to conduct a temporary use
shall be made to the planmng department, and shall
mclude such mformatIon as the plannmg director
may reqUIre to evaluate the use and to make the
determmations required by thIS section.
2. ApplIcation shall be made pnor to the
requested date for commencement of the tempo-
rary use, and the plannmg dIrector shall make a
determinatlOn whether to approve, approve condI-
tlOnally or deny the temporary use withm 10 days
after the date of applicatIon.
3 AuthonzatIOn of a temporary use shall be
by Issuance of a zoning permit.
4 A temporary use authorized pursuant to
thIS section shall not be exempted or relieved from
complIance WIth any other ordmance, law, permIt
or license applicable to such use, except where spe-
cIfically noted. (Ord. 94-06 S 2, 1994).
18.08.224 Same - Classifications and
restrictions.
A. ClassificatlOn Categones and RestrictIOns
on Lot Coverage. Classification categones and
restrictlOns on lot coverage relatIve to hazard areas,
from least to most restrictIve, are as follows
Classification
Maximum
Amount of
Impervious
Surfaces
Allowed
(percent)
Classification
d. Seventy-five to 150 feet from the top
of a ravme in which a major or minor
stream passes through, or
e. Thirty to 50 feet from the ordinary
high-water mark of a lake.
2. Moderate Hazard Areas. In moderate
hazard areas, the maxImum amount of
impervious surface allowed on each lot is
10 percent. Moderate hazard areas are
defined as those lands where the
followmg condItions exist: zero to 30 feet
from the ordinary high water mark of a
lake.
3 High Hazard Areas. In high hazard
areas, the maximum impervious surface
allowed on each lot is two percent.
High hazard areas are defined as those
lands where the following condItions
exist:
a. Slopes 15 percent to 25 percent
together with class 2 slIde and slippage
and class 3 seIsmic hazard, and class 3
erosIOn hazard area, or
b. Slopes IS percent to 25 percent
together with class 3 slIde and slippage
and class 3 erosion hazard area, or
c. Slopes 25 percent to 40 percent
together WIth class 3 seismic and class 3
erosion hazard area, or
d. Slopes 25 percent to 40 percent
together with class 3 erosion hazard area.
4 Severe Hazard Areas. In severe hazard
areas, the maximum amount of
ImpervIOUS surface allowed on each lot IS
zero percent. Severe hazard areas are
defined as those lands where the
followmg conditIons exist:
a. Slopes 40 percent and over; or
18-74
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Maximum
Amount of
Impervious
Surfaces
Allowed
(percent)
30
30
10
2
2
2
2
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1 Low Hazard Areas. In low hazard
areas, the maximum amount of
Impervious surface allowed on each lot is
30 percent. Low hazard areas are defined
as lands where the followmg conditIOns
eXIst:
a. Slopes 15 percent to 25 percent
together WIth class 3 seismIC hazard and
class 2 erosion hazard area, or
30
b Slopes 15 percent to 25 percent
together with class 2 slide and slrppage
and class 3 erosIOn hazard area, or
30
c. Slopes 15 percent to 25 percent
together with class 2 seismIC and class 3
erosion hazard area, or
30
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17.90.090
review whlch shall contam in a rough and approx-
Imate manner all of the mformation reqUIred m the
sIte plan apphcatIOn. The apphcatIOn must clearly
state that lt is a request for a prelimmary SIte plan
reVIew The purpose of the prehmmary site plan
review is to enable a developer filing the plan to
obtam the advIce ofthe SPRC about the apphcabil-
Ity of the mtent, standards and provlsions of thIS
chapter to the plan. After the fihng of the prelimI-
nary SIte plan, the SPRC shall make available to the
developer its written advlce regardmg the compat-
ibihty of the prelImmary SIte plan with the mtent,
standards and proviSIOns of this chapter (Ord.
2352, 1989).
17.90.090 Additional information for review
The SPRC may require the applicant to submIt
any addltIonal informatIOn or material which It
finds is necessary for the proper reVIew and hear-
mg of the applicatIOn. (Ord. 2352,1989)
17.90.100 Duration of approval.
Approval of the site plan shall be effective for
18 months from the date of approval by the SPRC
Upon written applIcation of the owner or represen-
tative, the SPRC may extend the approval for an
addItional SIx-month penod, prOVIded, that no
changes have been made m regulations, ordI-
nances, requirements, pohcIes or standards which
Impact the project. (Ord. 2352, 1989).
17.90.110 Waiver and exemption from site
plan review.
The communIty and economIC development
dIrector may Waive the reqUIrement of SIte plan
reVIew If the objectives of thIS sectIOn have been
met and the developer concurs wlth the communlty
and economIC development dIrector's deCISIOns.
All applicatIOns for PUDs processed under the pro-
cedures of Chapter 1769 MVMC are exempted
from SIte plan reVIew reqUIrements. (Ord. 2943 S
24,1999, Ord. 2352,1989).
(Revised 10/00)
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Chapter 17.92
DEVELOPMENT AND PERMIT
REQUIREMENTS FOR MOBILE FOOD
VANS AND ESPRESSO STANDS
SectIOns.
1792010
17.92 020
17 92.030
17.92.040
17 92.050
17.92.060
17 92.070
17 92.080
17.92.090
17 92.100
17.92.110
17.92.120
17.92.130
17 92.140
PermIt reqUIred.
ApplicatIOn process.
ApplIcatIOn contents.
SIze.
Setbacks.
ServIce lanes.
Restroom facilIties.
Health department approval reqUIred.
Buildmg permIt.
Busmess lIcense reqUIred.
CondItions for operatIOn.
Impact fees.
CancellatIOn of permIt.
Permit fee.
17.92.010 Permit required.
The CEDD may approve a temporary use permIt
for mobile food vans and espresso stands. The per-
mit IS valid for a penod of SIX months. If an exten-
SIOn IS requested, the CEDD shall reVlew the
operatIOn and may renew the permlt If no com-
plamts, problems, or adverse impacts have been
identified. Problems ldentIfied WIth the operation
shall be corrected pnor to reVIew of the permIt.
(Ord. 3015 S 6,2000).
17.92.020 Application process.
Apphcation for a temporary use permit shall be
processed and reVIewed through the team develop-
ment committee pnor to the Issuance of a permIt.
(Ord. 3015 S 6,2000)
17.92.030 Application contents.
All apphcations shall include a detailed, scaled
site plan mdIcatmg, at a mInImum, the location of
the mobile van or stand, the mgress/egress to the
property, traffic pattern, etc., locatIOn of all utilI-
ties, solid waste facilities, signage, and landscap-
ing. All required improvements to the property
shall conform to the regulations and standards
adopted by the CIty, includmg those Identified
herein. (Ord. 3015 S 6,2000).
17.92.040 Size.
The maximum size for mobile vans and espresso
stands, includmg accessory structures, shall not
exceed 300 square feet. (Ord. 3015 96,2000).
Mount Vernon Municipal Code
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17.92.050 Setbacks.
Setbacks for mobile vans, stands and accessory
canopies and facihtIes are as follows. front yard
setbacks shall conform to setbacks of the zomng
distnct In which the use IS located. Side yard and
rear yard setbacks shall be twenty feet from prop-
erty hnes or buildIngs located on the property
(Ord. 3015 S 6, 2000).
17.92.060 Service lanes.
Service lanes and vehicular stackIng for each
drive-up lane shall provide for a mInimUm of five
cars and shall not conflict with the eXistIng parkIng
or traffic patterns on the property of adjacent street.
(Ord. 3015 S 6, 2000).
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17.92.070 Restroom facilities.
Restroom facihtIes to be used by the mobIle
food van or espresso stand employees shall be con-
taIned withIn the umt or located Within 200 feet of
the unit and WithIn the same zoning diStriCt. If
tables and chairs are provided for customer use, on-
site restroom facilities shall be provided meetIng
the standards of the Skagit County health depart-
ment, restrooms must be open at all times dunng
operation of the van or stand. A letter from the
property owner of the restroom facility shall be
reqUlred With the apphcation, and pnor to Issuance
of the temporary permit. (Ord. 3015 S 6,2000).
17.92.080 Health department approval
required.
Skagit County health department approval and
permlt(s) for the operatIOn of the van or stand and
restroom facihty shall be reqUlred With the applica-
tion and prior to the Issuance of the temporary per-
mit. (Ord. 3015 S 6,2000).
17.92.090 Building permit.
Anyon-site constructIOn shall be reqUlred to
obtaIn a City of Mount Vernon buildIng permit.
(Ord. 3015 S 6,2000).
17.92.100 Business license required.
A CIty of Mount Vernon busIness hcense shall
be reqUlred prior to issuance of the temporary use
permit. (Ord. 3015 S 6,2000)
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17.92.110 Conditions for operation.
All permits, on-site Improvements and condI-
tions of approvals shall be completed pnor to oper-
ation of the mobile van or stand. (Ord. 3015 S 6,
2000)
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17.92.140
17.92.120 Impact fees.
Impact fees for transportatIOn and fire shall be
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assessed, based on the gross square footage of the
mobile van or stand. (Ord. 3015 S 6,2000).
17.92.130 Cancellation of permit.
Temporary use permits may be cancelled b)j
CEDD at any time, If VIOlatIOns of the permits or
any conditIOns occur (Ord. 3015 S 6,2000)
17.92.140 Permit fee.
The fee for temporary use permits for mobIle
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food vans and espresso stands are estabhshed at
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$10000, With a renewal fee of$50 00 (Ord.3015
S 6, 2000)
17-74.1
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Chapter 18.46
TEMPORARY USES
Sections
1846 010 Intent.
1846020 Interim uses
18 46 030 Seasonal uses
18 46 040 Temporary uses associated with construction projects
18 46 050 Transitional uses
18 46 060 Administrative temporary use permits
18 46 070 Conditions
18 46 080 Coordination with other city codes
18.46.010 Intent.
It is the intent of this chapter to regulate certain temporary uses of property which
are not otherwise regulated, beyond business registration, by other city ordinances
or regulations (Ord 4229 9 2, 1987 )
18.46.020 Interim uses.
The hearing examiner may issue a temporary and revocable permit, after a
public hearing is held pursuant to ACC 1870040, to allow an owner, developer,
contractor, tenant, lessee, or other occupant to conduct an otherwise permitted use
on their property at the same time they are improving the property to the required
city standards, pursuant to the following conditions
A. The permit may be issued for a period up to six months and may be extended
for three more months if the applicant has acted in good faith towards compliance
of the original permit. The hearing examiner shall decide what constitutes said good
faith
B The hearing examiner may issue the permit only if the proposed use is
consistent with the following findings of fact:
1 The request is reasonable and there is no other practical alternative,
2 Adverse impacts associated with the temporary use are appropriately
mitigated and such temporary use will not cause a hazard to the occupants or to
neighboring properties,
3 A hardship is involved that cannot otherwise be reasonably resolved,
4 A performance bond, in the amount of the required improvements, shall be
posted guaranteeing the completion of the project. (Ord 4229 9 2, 1987)
18.46.030 Seasonal uses.
The hearing examiner may issue a temporary and revocable permit, after a
public hearing is held pursuant to ACC 18 70 040, to allow sales of seasonal
goods, in any nonresidential zone, for a period not to exceed six months in any 12-
month period
A. The use need not meet the standards normally associated with a permanent
use provided the hearing examiner finds that the temporary use is not in proximity
to a competing permanent use Other findings and requirements the hearing
examiner shall consider will be as follows.
1 The use must be consistent with the permitted uses in the zone,
2 The use must be an appropriate interim use of the property pendIng the
permanent long term use,
3 The use will not result in sigmficant traffic, parking, drainage, fire protection,
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or other adverse impacts,
4 The use must provide sanitary facilities if the hearing examiner finds it is
necessary;
5 A performance bond, the amount to be determined by the building official,
and approved by the hearing examiner, shall be posted guaranteeing the removal
of the use and the area restored to the satisfaction of the building official
B Failure to comply with the conditions of the permit shall cause forfeiture of that
portion of the bond necessary to correct the violations (Ord 4229 9 2, 1987 )
18.46.040 Temporary uses associated with construction projects.
A. The hearing examiner may issue a temporary and revocable permit after a
public hearing is held pursuant to ACC 18 70 040, for activities associated with
construction projects, including but not limited to equipment storage yards, job
shacks, materials storage yard, or living quarters, which are not otherwise
permitted outright by city ordinances or regulations
B The hearing examiner may issue a temporary use permit for construction
related activities, if it is found that proposal is consistent with the following findings
of fact:
1 The use would not pose a hazard or be a detriment, physical or otherwise,
to the neighborhood,
2 The use will not result in significant traffic, parking, drainage, fire protection,
or other adverse impacts,
3 A performance bond, the amount to be determined by the building official,
and approved by the hearing examiner, shall be posted guaranteeing the removal
of the use and the area restored to the satisfaction of the building official Failure to
comply with the conditions of the permit shall cause forfeiture of that portion of the
bond necessary to correct the violations,
4 The temporary use shall be reviewed each six months to determine if the
temporary use permit is still valid, if not, then the hearing examiner shall terminate
the permit;
5 The temporary use shall be vacated upon completion of the associated
construction project or determined by subsection (B)(4) of this section (Ord 4229 9
2,1987 )
18.46.050 Transitional uses.
A. Existing agricultural and associated uses, which are not permitted outright,
may continue provided there are no new structures built in excess of 2,000 square
feet, or the use is not expanded by five acres, unless a permit is issued, after a
public hearing is held pursuant to ACC 18 70 040, by the hearing examiner
consistent with the following findings of fact:
1 The use must be compatible or sufficient mitigating measures available to
make it compatible with adjacent permitted uses,
2 The use cannot be a detriment to adjacent permitted uses,
3 The use will not result in significant adverse impacts to the area.
B Upon encroachment of permitted uses into the area the hearing examiner may
review a transitional use permit to determine if such use is no longer compatible
with the permitted uses and should be abated (Ord 4229 9 2, 1987 )
18.46.060 Administrative temporary use permits.
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A. The planning director may issue a temporary use permit to allow a business to
begin operation while the business is securing approval from the hearing examiner,
planning commission or city council if the planning director finds the use consistent
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with the following findings of fact:
1 The need is due to circumstances beyond control of the applicant;
2 The need is due to hardship such as loss of continuity of business,
3 The use is reasonably expected to be permitted by the appropriate body;
4 No significant capital outlay is required for the initial operation of business,
5 Application for the permit allowing the permanent use must be filed,
6 The existing structure and lot must otherwise comply to city standards,
7 The permit shall terminate when the commission, council or hearing
examiner have rendered their final decision,
8 The applicant agrees in writing that the temporary use permit does not
guarantee a subsequent permanent use,
9 A performance bond be posted guaranteeing the removal of the use if the
use is denied by the commission, council or hearing examiner
B The building official may issue a temporary use permit for temporary or
seasonal uses including, but not limited to Christmas tree lots, street sales, or
exhibits for up to six weeks in duration, if the use is consistent with the following
finding of fact:
1 The use must be consistent with the permitted uses in the zone,
2 The use will not result in significant traffic, parking, drainage, fire protection,
or other adverse impacts,
3 If appropriate the building official may require a bond to assure the removal
of the use and the area restored to the satisfaction of the building official
C The building official may issue a temporary use permit for a temporary
structure for the purpose of the sale of agricultural products grown on the premises
if consistent with the following findings of fact.
1 The temporary structure is less than 300 square feet in floor area and must
meet the proper setbacks of the zone,
2 The use will not result in significant traffic, parking or other adverse impacts
(Ord 4229 S 2, 1987 ) .
18 46.070 Conditions.
In order to reasonably mitigate any adverse impacts associated with a temporary
use permit, the permit may be conditioned to assure such mitigation (Ord 4229 S
2, 1987)
18.46.080 Coordination with other city codes.
A. Any temporary use otherwise regulated by ACC Title 5, beyond any required
business or solicitors license, is not subject to the provisions of this chapter
However, any license issued under ACe Title 5 shall be consistent with the use
regulations of the remainder of this title and any condition or other permit required
by this title shall be required
B Any licensed solicitor who, while selling or offering goods, wares, merchandise
or anything of value displays, advertises, or offers such goods to the passing public
while standing on any property, street or public way or any other place not used
and licensed by such person as a permanent place of business, shall secure in
addition to the solicitors license, a temporary use permit pursuant to this chapter
C Uses regulated or exempted by Chapter 18 60 ACC, Home Occupations, are
not subject to the provisions of this chapter (Ord 4229 S 2, 1987 )
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To Yelm Planning Commission
From Grant Beck, Director of Community Development
Date August 14, 2002
Subj Work session - Update to Development Regulations
The Community Development Department has identified a number of proposed
changes to the development regulations for consideration as part of the annual
update of these land use regulations The purpose of this staff report is to allow the
Planning Commission to review the proposed changes and determine if they should
be considered at a subsequent public hearing and if there are other changes that
should be added for consideration
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The proposed changes identified by staff are considered to be technical in nature
and, for the most part, do not represent changes in policy or direction, but rather
clarification of rules that have proven to be difficult to administer in the past.
Proposed Amendments to the Zoning Code - Title 17 YMC
17.06.080 Acreage or area, gross. "Gross area" or "gross acreage" means all land
within the exterior boundaries of the development, including, but not limited to all
land allocated for open space, critical areas, buffers, streets, roads, public and
private rights-of-way and easements, including all utility easements
This proposed amendment simply codifies and clarifies the method of
calculating density that has been practiced by the City, which is to give credit
for right-of-way dedications and existing rights-of-way
17.06.390 Kennel. "Kennel" means any place where more than six adult dogs
aRElfor cats, or other canines or felines, beyond the age of four months, are kept fef
commercl3\ purposes, including grooming, b03rd 3nd sale. by persons providing
facilities for breeding, and the offspring thereof are sold for profit or where such
animals are received for care, tralninq and boarding for compensation, but not
including a small animal hospital, clinic, pet shop, or a hobby kennel as defined by
Chapter 6.08 YMC.
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This amendment brings the Zoning Code into consistency with the new
animal regulations title of the Municipal Code (Chapter 608), which defines
Staff Report
Page 2 of 15-ia
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and exempts 'hobby kennels' of 4 or fewer animals as pets from the animal
control regulations
17.06.600 Parcel. "Parcel" refers to contiguous bnd In common mvncrship or
control not identified as lots, lavtful fin2t1 pbts or short plats recorded under Chapter
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58 17 RC'N. .^, property O'Nner has a siingle "parcel" for purposes of this ordinance
where the property is contiguous regardless of the number of tax parcels or other
nonsubdlvision segmentations which rt,ay appear. means a lot or tract of land
created in accordance With the Chapt~r 58.17 RCW and Title 16 YMC and intended
as a unit for the purpose, whether immediate or future, of transfer of ownership If
the parcel was not created pursuant to Chapter 58.17 RCW and the Title 16 YMC,
the external boundaries eXisting as of IDecember 31, 1992, shall be used to
establish what is a parcel for the purp0ses of this code. For parcels which have not
been conveyed since that date, the legal description used in the conveyance closest
to that date shall control.
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This change simply clarifies the operation of existing state subdivision rules
and case law In effect, if you ~ave a parcel of land created through a
subdivision, short subdivision, large lot subdivision, or an exempt land
division, it is a legal lot of recortJ and is treated separately under the zoning
code for purposes of density c~/culation, land uses, and permit requirements
If the parcel was not created vi~ a subdivision, but pre-dates the adoption of
the short subdivision requirem~nts in Yelm (1992), then the parcel described
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by the deed in effect at that date is the legal lot of record for the purposes of
administering the zoning code
17.06.682 Setback. "Setback" means the distance between any building foundation
and the adjacent facing lot line
This codifies the existing method for measuring setbacks, which is
consistent with the setback ru/~s which allow protrusions into the setback
area for cornices, eaves, stepsl ramps, decks, patios and other, similar
features
17.06.685 Site plan review committee. "Site plan review committee" means a
committee composed of the city plan0ercommunlty development director, who shall
serve as chairmafl of the committee, 'he city administrator, the city director of public
'#orks the city engineer, and the building official, or their designees
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Staff Report
Page 3 of .1.Q4-5
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With the creation of the Community Development Department, the City
Administrator would like to no 16nger be an official member of the Site Plan
Review Committee With the c1eation of the position of Development Review
Engineer, it is appropriate for t~at person to be on the Committee rather than
the Public Works Director Bot~ the Administrator and the Public Works
Director will still be involved in fhe review of land use applications and their
comments will be considered by the Committee
New Section Temporary Use. A co~mercialland use limited in scope, duration,
and Intensity.
A new definition for a new land use as discussed below
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New Section 17.09045 Allowable Densitv. When calculatinq the number of
dwelling units allowed on a parcel, the qross area IS used and the subsequent
number of units is rounded to the first 'siqnificant diqit.
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This codifies the method for calculating density used presently, and allows
you to round up in the case of J partial density unit greater than 0 5 For
example, a 1 9 acre parcel of IJnd in the R4 district would have an allowed
density of 8 homes (1 9 *4 = 76, rounded up to 8)
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Chapter 17.39 - Delete entire Chapter
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The Zoning Maps do not identity any area of Industrial/Warehouse District,
making this chapter unused except as part of the permitted uses in the
Industrial District. If, in the futJre, the Comprehensive Plan is amended to
include the Industrial/Warehou~e District, the Zoning Code could be
amended at the same time to rk-establish the uses within that district.
However, the language is unuSed at this time
17.40.020 Permitted uses.
A.
Specific types permitted in the lindustrial district include
1 All uses pormitted outrIght In the IndustrIal/VVarohouso Chapter 17 39
1 Public buildings and uses, includinq shops and public safety facilities
2 Industrial activities involying the manufacture, assembly, repair,
servicing of goods or products Such goods or products may include,
but are not limited to I
a. Mechanical, automotive, marine and contractors' or builders'
equipment and sUpplies,
b Concrete, ceme~t, asphalt, building materials and supplies,
c Electrical and el~ctronic equipment or products,
3 Industrial activities invol~ing the assembly of manufactured products,
re-manufacturing/ recycling and processing of materials Such
products may include, but are not limited to
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Staff Report
Page 4 of 154-e
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B
a. Wood products, including furniture,
b Metal, cans, cable and pipe,
c Plastics and synthetic materials,
d Concrete products,
e Cloth, paper,
f Commercial bakery goods,
g Cosmetics or other products for personal use,
h Agricultural or dairy products,
Scientific, medical and precision instruments and equipment,
Livestock rendering facility,
k. Auto wrecking yards
4 Other uses
a. Power generation, distribution or supply,
b Warehousing and storage of equipment, commodities and
products,
c Gas and petroleum processing or distribution,
d Laundry and dry cleaning plants,
e Care and/or sale of livestock,
5 Accessory uses clearly subordinate to, and an integral part of, the
primary use of the property (e g , plant cafeteria, recreation area),
6 Commercial uses or activities which complement the permitted uses
such as
a. Service stations,
b Hardware stores
7. Livlnq or residential quarters as an accessory use such as quards'
quarters in large establishments where such quarters are customarily
provided for security and/or insurabilitv of the premises
Similar or related uses permitted, and criteria for determination of similarity or
relatedness as follows
1 Uses similar to, or related to, or compatible with those listed or
described in subsection 17 40 020(A) are permitted upon a finding by
the approval authority and/or the site plan review committee that a
proposed use does not conflict with the intent of this chapter or the
policies of the Yelm development plan,
2 The criteria for such finding of similarity, etc , shall include but not be
limited to the following
a. The proposed use is appropriate in this area,
b The development guidelines for permitted uses can be met by
the proposed use,
c The public need is served by the proposed use
Special uses may be permitted as provided for in Chapter 17 66 of this title
On-site and off-site hazardous waste treatment and storage facilities as an
accessory use to any activity lawfully allowed in this zone, provided that such
facilities meet the state siting criteria adopted pursuant to the requirements of
RCW 70105210.
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This simply adds the permitted uses in the IndustrialWarehouse District as
permitted uses in the Industrial District.
New Section 17.60 125 Refuse Areas.
1 Refuse container screeninq shall be required and be of a material and
desiqn compatible with the overall architectural theme of the
associated structure. shall be a least as high as the refuse container,
and shall in no case be less than six feet hiqh.
2. No refuse container shall be permitted between a street and the front
of a bUilding.
3. Refuse collection areas shall be designed to contain all refuse
generated on site and deposited between collections. Deposited
refuse shall not be visible from outside the refuse enclosure.
Adds requirements for refuse area placement and screening to Planned
Residential Developments similar to requirements for multi-family
developments and new commercial developments
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17.60.170 Final review and approval--Application--Filing time limitation. An
application for final review and approval shall be filed by the applicant within
eighteen months of the date on which preliminary approval was given by the Gity
councilheanng examiner An extension not exceeding six months may be granted
by the approval authority If application for final approval is not made within eighteen
months or within the time for which an extension has been granted, the plan shall
be considered abandoned, and the development of the property shall be subject to
the normal requirements and limitations of the underlying zone and the subdivision
ordinance
This reference to the city council instead of hearing examiner in the Planned
Residential Development Chapter was missed during the creation of the
hearing examiner system
17.60.180 Final review and approval--Application--Partial PRD area. An
application for final review and approval may be filed for part of a PRO area for
which preliminary approval has been granted by the city council Hearing Examiner
An application for final approval of a part of a PRO shall provide the same
proportion of open space and the same overall dwelling unit density as the overall
preliminary approval
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If that portion of the PRO for which final approval is requested does not provide
such open space, the developer shall file in escrow a quit-claim deed in favor of the
city for such additional land area adjacent and accessible to the site, and of
sufficient size to provide the open space required to meet the standards of this title
In the event that the developer abandons the remaining portions of the PRO, the
escrow agent shall deliver the quit-claim deed to the city or to such other public or
private entity as the city may direct.
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Page 6 of ~.:t-e
C Final approval of a PRO shall not be construed to be final plat approval Plat
approval is a separate action and shall be in compliance with state and local
subdivision and platting regulations
This reference to the city council instead of hearing examiner in the Planned
Residential Development Chapter was missed during the creation of the
hearing examiner system
1760.190 Final review and approval--Application--Required documentation.
The applicant shall submit at least seven copies of the application for final review
and approval of the PRO to the planning department for its review The application
for final review and approval shall comply with the conditions imposed on the
preliminary approval In addition, if the PRO is being immediately subdivided, the
data required of regular plats as required by the subdivision ordinance must be
submitted The application shall include the following
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Final elevation and perspective drawings of project structures,
Final landscaping plan,
Final plans of and including profiles of the drainage, water, sewer, lighting,
streets and sidewalks or pathways,
Such other documentation, information and data not lending itself to graphic
presentation such as restrictive covenants, incorporation papers and bylaws
of Homeowners' Associations, dedications of easements, rights-of-way and
other conditions specifically required by the approval authority for the
particular PRO
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B
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No final PRO application shall be deemed acceptable for filing unless all of the
above information is submitted in accurate and complete form sufficient for the
purposes of planning department review After receiving the final PRO application,
the planning communltv development department shall route the same to all
appropriate city departments, and each department shall again submit to the
pl3nnlng community development department comments and recommendations
If the city departments determine that the final PRO application conforms fully with
all applicable regulations and standards, the final PRO application shall be
presented to the city council hearing examiner for final approval
New Section 17.61.040 (0) Refuse Areas
1. Refuse container screeninq shall be required and be of a material and
deSign compatible With the overall architectural theme of the
associated structure, shall be a least as hiqh as the refuse container,
and shall in no case be less than six feet hiqh.
2 No refuse container shall be permitted between a street and the front
of a building.
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3.
Refuse collection areas shall be designed to contain all refuse
qenerated on site and deposited between collections, Deposited
refuse shall not be visible from outside the refuse enclosure.
This reference to the city council instead of hearing examiner in the Planned
Residential Development Chapter was missed during the creation of the
hearing examiner system.
17.62.060 Master plan approval.
A.
Purpose The master plan shall consist of map(s) and text which indicate
major development features and services for the entire site, including a
schedule indicating phasing of development and the means of financing
services for the site
Review A complete master plan for the entire master plan area shall be
submitted within three ten (10) years of conceptual approval unless an
extension has been granted pursuant to Section 17 62 070 The master plan
shall be reviewed by the planning commission and a recommendation
submitted to the city council for final action The planning commission shall
not recommend approval of a master plan unless the commission has
conducted a public hearing pursuant to RCW 35A.63 073 and it is
determined that said plan is consistent with the conceptual approval and
complies with the policies of the comprehensive plan, the purposes of
Section 17 62 020, and the provisions of this chapter The planning
commission may recommend terms and conditions of approval, and require
the provision, and further public review, of additional information and
analyses in order to insure such compliance In addition, the planning
commission may propose changes in the proposed master plan or the
proposed zoning on the basis of information presented in the course of
master plan review, as long as the changes are consistent with applicable
city plans and policies Changes not consistent with city plans and policies
may be made only if conceptual approval or other plans or policies are first
amended accordingly
B
Master Plan Developments have proven to be very large, complex projects
which require longer time periods for completion than originally allowed This
amendment will allow approvals for 10 years of the conceptual plan, allowing
the developer to focus on developing the plan rather than re-authorizing the
approved use every three years.
17.69.090 Appeal procedure. Any person aggrieved by the determination of the
city clerk to grant a home occupation permit may appeal such determination to the
city council Hearing Examiner Any person aggrieved by the determin3tlon of the city
council to gr3nt, deny or revoke a home occup3tion permit may appeal to the city
counCil for reconslder3tion of such dctcrmin3tion Any appeal made pursuant to this
section shall be in writing and filed with the city clerk Within thirty days from the date
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Page 8 of 154-5
of the determination being appealed, and shall contain a complete statement of the
grounds upon which such appeal is based Any appeal filed in compliance with this
section pertaining to the revocation of a home occupation permit shall stay the
revocation of such permit pending reconsideration by the city council
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This direct appeal to the City Council in the Home Occupation Chapter was
missed when the hearing examiner system was created The hearing
examiner's decision is appeal able to Council
New Chapter 17.70 - Temporary Uses
17.70010 Applicability. Temporary events and uses that are of low Impact (beinq
limited In scope, intensity and duration).
17.70020 Purpose. To identify temporary uses which are low-Impact and hmited-
duration activities that would otherwise be subiect to a site plan review approval,
site improvements, and connection to sewer and water.
17.70.030 Temporary Uses Exempt from Permittin~. The followinq temporary
uses are allowed, provided the proposed use is allowed by the underlYlnq zOning
district:
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2.
Temporary contractor's offices, equipment storaqe sheds and storaqe
yards, and portable, lavatories on the site of a permitted, active
construction prolect, for a duration not exceeding one year.
Temporary events located on private or public property, parks or on
public school properties, includlnq festivals, outdoor art, craft and book
sales and sidewalk sales and shows, concerts or other performances,
fireworks displays, dog trials and horse trials, parades and exhibits,
and similar activities and events.
Rummaqe and other outdoor sales sponsored by schools or other
nonprofit orqanizations for no more than three days per event and no
more than four times in any calendar year.
Farmers' markets and roadSide stands.
Film productions.
3.
4.
5.
This new chapter clarifies that certain, limited, temporary uses and the
structures associated with them are exempt from permitting requirements
and infrastructure standards This is not a change in policy for the City, but
does explicitly list these exempt activities.
17.80070 Species choice The applicant shall utilize plant materials that are
drought resistant and complement the natural character of the Pacific Northwest
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This updates the landscaping requirements to require drought resistant
species
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Page 9 of 154-5
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17.80.090 Performance assurance.
A. The required landscaping must be installed prior to issuance of the certificate
of occupancy unless the approval authority or site plan review committee
determines that a performance assurance device, for a period of not more
than one year, will adequately protect the interest of the city In no case may
the property owner/developer delay performance for more than one year
B The city may accept, as an alternative to a performance assurance device, a
contractual agreement or bond between the owner/developer and a licensed
landscape architect, Washington-certified nurseryman or Washington-
certified landscaper, along with a rider or endorsement specifically identifying
the city as a party to the agreement for purposes of enforcement. Nothing in
this alternative shall be interpreted to in any way modify the conditions of
subsection 17 80 090(A)
C If a performance assurance device or evidence of a similar device is required
under subsections 1780 090(A, B), the approval authority shall determine
the specific type of assurance device required in order to insure completion
of the required landscaping in accordance with the approved landscaping
plan The value of this device must equal one hundred fifty percent of the
estimated cost of the landscaping to be performed, and shall be utilized by
the city to perform any necessary work, and to reimburse the city for
documented administrative costs associated with action on the device If
costs incurred by the city exceed the amount provided by the assurance
device, the property owner shall reimburse the city in full, or the city may file
a lien against the subject property for the amount of any deficit
o If a performance assurance device or evidence of a similar device is required
under subsections 1780 090(A, B), the property owner shall provide the city
with an irrevocable notarized agreement granting the city and its agents the
right to enter the property and perform any required work remaining undone
at the expiration of the assurance device
E Upon completion of the required landscaping by the property owner, at or
prior to expiration of the assurance device, the city shall promptly release the
performance assurance device or evidence thereof
F The owner/developer of any proiect requiring site plan review approval.
subdivision approval. or short subdivision approval shall provide a
performance assurance device in order to provide for maintenance of the
reqUired landscaping until the tenant or homeowners association becomes
responsible for landscaping maintenance The performance assurance
device shall be 150% of the anticipated cost to maintain the landscaping for
three (3) years.
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The City has experienced some maintenance problems in developments in
which the landscaping is installed before the homeowners association or
homeowners take over maintenance of the required landscaping and street
trees The developer has the option to submit an assigned savings for
required landscaping, but when it is installed before homes are built or sold, it i
sometimes is not maintained and does not survive The required savmgs i
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account assignment would cover maintenance expenses if the landscaping is
not maintained by the developer and should encourage maintenance
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17 84.010 Generally--Committee membership.
A. Site plan review and approval shall be required prior to the use of land
or building for the location of any commercial, industrial or public
building or activity, including environmental checklist review, and for
the location of any building in which more than two dwelling units
would be contained Additionally, site plan review shall be required for
any allowed, regulated or special use activity on lands containing a
wetland or wetland buffer areas pursuant to the requirements of
Chapter 14 08
B Exemptions from site plan review and approval shall be granted by the
site plan review committee if'
1. there There is no addition of square feet or no additional tenant,
aR-or the expansion is for storage only (future conversion of
storage area would require compliance with this chapterL
2. -aAfl-tIhe proposed use is similar as classified by the Standard
Industrial Code Classification Manuall.
3. the buildinq has been occupied within the previous 18 months.
C An application, in completed form, shall be filed for site plan review
and approval with the city planning community development
department. An application shall not be in completed form under this
section if it fails to contain any of the information and material required
under Section 17 84 060
o The site plan review committee shall consist of the following members
the city pl3nnercommunity development director, who shall serve as
chairmaR, city administrator; tho city director of public 'Norks the city
enqineer, and the building official, or their designees
With the creation of the Community Development Department, the City
Administrator would like to no longer be an official member of the Site Plan
Review Committee With the creation of the position of Development Review
Engineer, it is appropriate for that person to be on the Committee rather than
the Public Works Director Both the Administrator and the Public Works
Director will still be involved in the review of land use applications and their
comments will be considered by the Committee
17.84.040 Appeal of decision to City CouncilHearin~ Examiner. Appeals of all
site plan review decisions may be taken to the City CounCil hearing examiner in
accordance with Chapter 1549 of the Yelm Municipal Code
This appeal of site plan review decisions was missed when the Hearing
Examiner system was created
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17.93.030 Abandonment or discontinuance A nonconforming use shall be
deemed abandoned by discontinuance or abandonment for a period of eighteen
consecutive months, and any subsequent future use of such land or buildings shall
be in conformity with the provisions of this title
This clarifies the existing method for determining the lapse of a pre-existing,
non-conforming use
Proposed Amendments to the SEPA Code - Chapter 14.04 YMC
14.04.030 Designation of responsible official. For those proposals for which the
city is the lead agency, the responsible official shall be the Bity
3dmlni5tr3torcommunity development director of the city of Yelm For all proposals
for which the city is the lead agency, the responsible official shall make the
threshold determination, supervise scoping and preparation of any required
environmental impact statement (EIS), and perform any other functions assigned to
the lead agency or responsible official by those sections of the SEPA Rules adopted
by reference in the ordinance codified in this chapter The city shall retain all
documents required by the SEPA Rules and make them available in accordance
with Chapter 42 17 RCW
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With the creation of the Community Development Department, the City
Administrator wishes to delegate the Responsible Official duties to the
Community Development Director
Proposed Amendments to the Concurrency Code - Chapter 15.40 YMC
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15 40.030 Determination and payment of the transportation facility charge.
A. The transportation facility charge shall be based on the per peak-hour trip
rate identified in the report from transportation trip calculations based on a
transportation report consistent with city standards
B City standards shall include
1 Standard transportation assumptions as identified in Table
1540 030(B)(1), Trip Generation Rate Default Values, P M Peak
Hour;
2 For facilities not on the standard transportation assumptions, the
Institute of Traffic Engineers Trip Generation Manual for the most
recent year;
3 For projects with nontraditional peak hour impacts or different from
standard projects modeled in said Table 1, a special report, based on
generally accepted traffic engineering principles may be submitted
and considered
C Credits shall be given to reflect the projected impact on the community
system such as, traffic decreases where an existing facility on-site is
removed or replaced, and traffic reduction systems which are binding
and likely to remain effective for the life of the project.
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Credits may also be given for projects which create a significant economic
benefit to the community, including industrial or manufacturing uses with an
excess of 500 trips per day The size of the credit shall be measured at an
appropriate percentage of the anticipated annual tax revenue increase to the
community and available for capital contribution to transportation facilities on
the approved plan as a result of the project. The said credit shall be
calculated as detailed in Table 15 40 030(0), Formula for Calculating TFC
Credits
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Table 15.40 030(D)
Formula for Calculating TFC Credits
1 Estimated gross revenue for six years
2 Multiply gross revenue by 0 2 percent (B and 0 tax)
3 Multiply gross revenue subject to sales tax by 1 5 percent (city share
of state sales tax)
4 Add products of 2 and 3 above
5 Multiply total from line 4 by nine percent (percentage of tax revenue
budgeted to city road fund)
6 Multiply product from line 5 by 28 percent (percentage of money in the
road fund that is designated as private share for projects on the TFC)
Payment of the transportation facility charge shall be as follows
1 For projects involving the division of land for sale or lease upon the
issuance of a building permit for construction of each lot of record, for
the traffic attributable to that lot;
2 For projects approved through site plan review. upon the issuance of
the building permit authorizing the construction of any phase, for the
traffic associated with that phase
3 For projects approved through site plan review which do not include a
list of tenants at the time of approval. upon the issuance of the
building permit for the tenant improvements, if required, or otherwise
upon the issuance of the business license, for the traffic associated
with that tenant.
This proposed amendment would increase the flexibility for the developer of
multi-use faculties in which the future tenants are unknown Because the
building could be occupied by uses which generate different traffic volumes
and; therefore, are required to pay different TFC's, the developer currently
has to 'guess' the future use
Proposed Amendments to the Subdivision Code - Title 16 YMC
16.12.300 Hearing examiner review. Upon receipt' of all required administrative
approvals, the community development director city planner shall forward any
proposed final full plat and any large lot subdivision of five or more lots to the
hearing examiner for appropriate action The hearing examiner shall review such full
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Page 13 of 154-e
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subdivision and fOr\\'ard its recommendation to the city council. The hearing
examiner shall render a decision regarding such large lot subdivision
The City Council should still act on final subdivisions, although this language
was included in error when the Hearing Examiner system was adopted
16.12.310 Council review. Upon receipt of the all required administrative
approvals, the community development director shall forward any proposed final full
plat to the city council for appropriate action. hearing examiner's recommendation
the administrator shall present the plat to the city council Upon finding that the final
plat has been completed in accordance with the provisions of this title and that all
required improvements have been completed or that arrangements or contracts
have been entered into to guarantee that such required improvements will be
completed, and that the interests of the city are fully protected, the city council shall
approve and the mayor shall sign the final plat and accept dedications as may be
included thereon The mayor shall immediately return the final plat to the city
clerk/treasurer for filing for record with the county auditor
The City Council should still act on final subdivisions, although this language
was included in error when the Hearing Examiner system was adopted
Proposed Amendments to the Development Guidelines
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48.070 Private Streets
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See definition of private street in Section 3 025
A. Private streets within City limits shall not be allowed except when approved
by the City and when all conditions of this section are met.
B Private streets will not be allowed when
1 The proposed street is connected to two public streets
2 The intersection of the proposed street with another street is
signalized (150 LF of the private street starting from the Right-of-Way
will then be required to be a public roadway)
3 The street could be used as a thoroughfare or "short cut"
4 It would not be in the best interest of the public due to a threat to the
public's safety, health, and welfare
C Private streets may be allowed under the following conditions
1 Permanently established by tract or easement providing legal access
to serve unlimited dwelling units situated on one parcel and sufficient
to accommodate required improvements, to include provisions for
future use by adjacent property ovmers ..".'hen applicableThe private
street is permanently established by tract or easement providing leqal
access, includinq provisions for future use by adlacent property
owners, when applicable, and
2 If the private street serves ~nine (9) or fewer dwelling units, !tshall
require a minimum 30-foot paved surface, and have a sidewalk 4 feet
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48.080
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in width, constructed to City standards Private street sorving multi
family or mobile homes 311 on one p3rcel shall provide a four foot
side'",'alk on one side 't.'ith such a design 3S to prevent p3rking on the
sidewalk, and
3 Accessible at all times for emergency and public service vehicle use,
and
4 Will not result in land locking of present or future parcels nor obstruct
public street circulation, and
5 Covenants have been approved, recorded, and verified with the City
which provide for maintenance of the private streets and associated
parking areas by the owner or homeowners association or other legal
entity
Acceptance as Public Streets Acceptance of private streets as public
streets will be considered only if the street(s) meet all applicable public street
standards, including Right-of-Way widths, walks, drainage, lighting, and
pavement composition
This amendment clarifies the existing standards for private streets
Street Frontage Improvements
Frontage Improvement Deferrals In certain circumstances it may not be
appropriate to require installation of frontage improvements at the time a
development occurs In such situations, the City may permit deferral of
installation of such improvements to a later date under the provisions of this
section
The City may authorize a deferral of any or all required frontage
improvements as defined by these Standards, provided one or more of the
following criteria are met.
. The design grade and alignment of the abutting street cannot be
determined at the time of construction of the development.
The installation of frontage improvements required for the
development would create or intensify a hazard to public safety
The installation of required frontage improvements would be
inconsistent with the City's long-range street and utility system
comprehensive plans
The installation of frontage improvements required in paragraph A of
this section could be more safely, efficiently and effectively
implemented if done concurrently with the installation of improvements
required for other properties along the same street frontage
The scope of the improvement being authorized by the permit does
not constitute a significant change in the existing demands of the use
of property upon the City's transportation and utility transmission
systems
Any deferred frontage improvement shall be secured for installation at a later
date by one of the following methods selected by the City
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1
Commitment to Participate in a Local Improvement District. The
property owner shall execute and record a covenant document that
insures the participation of the subject property owner(s) in any local
improvement district formed for the construction of such frontage
improvements Said document shall be in a form acceptable to the
City Attorney and shall be effective for a period of fifteen (15) years
from the date of recording
If the developer chooses to partiCipate in a Local Improvement District,
the document shall include an agreement that the sublect property
owner(s) shall construct required frontaqe improvements when
directed by the Public Works Director at any time within the effective
life of the covenant document. The Public Works Director shall
require frontage improvements to be installed by the subiect property
owners(s) when the street is improved by fundinq methods other than
a Local Improvement District.
2
Payment in Lieu of Installation The property owner shall pay to the
City an amount equal to the estimated value of the required frontage
improvements as determined by the Public Works Director Such
amount shall be deposited into a municipal fund account reserved for
the financing of such improvement. Such payment shall be refunded
in full, plus interest to. the successor in interest in the property should
the City not install the required frontage improvements within five (5)
years form the date such payment is made
If a road is improved by the City to current standards without creatinG a local
improvement district withm the 15 year time period of the LID aGreement, the
property owner would be responsible for their frontaGe improvements
Drawing 6-8 - 2" Air and Vacuum Release Valve.
Update the drawing to show the assembly terminating one (1) foot above the
finished grade
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This change is required by recent changes in State Laws regarding water
system design related to cross-connection
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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 mailirng 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: OCTOBER 21,2002
TIME. 400 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS
NAME & ADDRESS
MAILING LIST? / SPEAKER?
(Indicate which public headhg by
the assigned numbers abov~)
MA\"\..\i-> \..\<;,., II
II
otK5y -:f
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City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
YELM
WASHINGTON
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, OCTOBER 21, 2002
4 00 P M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE W
1 Call to Order, Roll Call, Approval of Minutes
August 19, 2002, minutes enclosed
2 Public Communications
(Not associated with measures or topics for which public hearings have
been held or for which are anticipated)
3 Worksession - Yelm Development Regulations Update
Staff Report Enclosed
4
Other
Land Useffransportation Connection - TRPC
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 shall be'
MONDAY, NOVEMBER 18, 2002 - 4 00 P M
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The CIty of Yelm IS an Equal Opportumty PrOVIder
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City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
CANCELLATION
NOTICE
The SEPTEMBER 16, 2002. 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 21, 2002, at 4:00 pm.
C If there are any questions concerning this change, please call the Community
Development Department at (360) 458-3835
ATTEST
Agnes Bennick
City Clerkffreasurer
DO NOT PUBLISH BELOW THIS LINE
Posted TUESDAY, SEPTEMBER 10,2002
Mailed to the Planning Commission mailing list. TUESDAY, SEPTEMBER 10, 2002
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The CIty of Yelm IS an Equal Opportumty Provzder
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Motion No.
02-19
02-20
YELM PLANNING COMMISSION MINUTES
AUGUST 19, 2002, 4'00 P m
YELM CITY HALL COUNCIL CHAMBERS
Tom Gorman called the meeting to order at 400 P m
Members present: Tom Gorman, John Thomson, Joe Baker, Glenn Blando,
Glen Cunningham, Everette Schirman, and Larry Hansen
Staff: Grant Beck, and Tami Merriman
Members Absent: E J Curry, Don Carney, unexcused
Approval of Minutes:
MOTION BY JOE BAKER, SECONDED BY GLENN BLANDO, TO APPROVE
THE MINUTES OF JUNE 17, 2002. MOTION CARRIED.
Public Communications' None
WORK SESSION Yelm Development Re~ulations Update
Mr. Beck described the proposed changes to the development regulations,
which include changes to the Zoning Code, Subdivision Code, and the
Development Guidelines Mr Beck stated that the proposed changes are
technical in nature, and do not represent changes in policy or direction, but
rather provide clarification of rules and guidelines Mr. Beck went over the staff
report detailing the changes proposed, and answered questions from the
Commission
The Commission requested changes to the proposal of a new chapter 17 70
Temporary Uses The Commission requested that clarification be made on the
length of time a temporary use would be allowed, and clarification of some of
the uses listed Mr. Beck will provide this information at the next meeting
MOTION BY LARRY HANSEN, SECONDED BY JOHN THOMSON, T0
ADJOURN THE MEETING. MOTION CARRIED.
Meeting adjourned at 4 50 P m
Respectfully submitted,
Tom Gorman, Chair
Date
Yelm Planning Commission
August 19, 2002
R:\Community Development\Planning Commission\Minutes and Agendas\PC 2002.min\OB.19.02 min.doc
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City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
To
From
Date
Subj
Yelm Planning Commission ~_______
Grant Beck, Director of Community Developmen~
August 14, 2002
Work session - Update to Development Regulations
The Community Development Department has identified a number of proposed
changes to the development regulations for consideration as part of the annual
update of these land use regulations The purpose of this staff report is to allow the
Planning Commission to review the proposed changes and determine if they should
be considered at a subsequent public hearing and if there are other changes that
should be added for consideration
The proposed changes identified by staff are considered to be technical in nature
and, for the most part, do not represent changes in policy or direction, but rather
C clarification of rules that have proven to be difficult to administer in the past
Proposed Amendments to the Zoning Code - Title 17 YMC
17.06.080 Acreage or area, gross. IIGross areall or IIgross acreagell means all land
within the exterior boundaries of the development, including, but not limited to all
land allocated for open space, critical areas, buffers, streets, roads, public and
private rights-of-way and easements, including all utility easements
This proposed amendment simply codifies and clarifies the method of
calculating density that has been practiced by the City, which is to give credit
for right-of-way dedications and existing rights-of-way
17.06390 Kennel. IIKennel1l means any place where more than six adult dogs
aR4lor cats, or other canines or felines, beyond the 3ge of four months, are kept fef
commercbl purposes, including grooming, b03rd 3nd s31e by persons providlnq
facilities for breedinq, and the offsprinq thereof are sold for profit; or where such
animals are received for care, tralnlnq and boarding for compensation, but not
including a small animal hOSPital. clinic, pet shop, or a hobby kennel as defined bv
Chapter 6.08 YMC.
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ThiS amendment bnngs the Zoning Code mto consistency with the new
animal regulations title of the Municipal Code (Chapter 608), which defines
The City of Yelm IS all Equal Opportl/lllty Provider
Staff Report
Page 2 of 15
and exempts 'hobby kennels' of 4 or fewer animals as pets from the animal 0
control regulations
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17.06.600 Parcel. IIParcel1l refers to contiguous land in common ownership or
control not identified 3S lots, lavnul fin31 plats or short plats recorded under Ch3pter
58.17 RCV\'. /\ property owner h3s a single "p3rcel" for purposes of this ordin3nce
'Nhere the property is contiguous reg3rdless of the number of tax parcels or other
nonsubdivision segment3tions 'Nhich m3Y 3ppear. means a lot or tract of land
created in accordance with the Chapter 58.17 RCW and Title 16 YMC and intended
as a unit for the purpose, whether immediate or future, of transfer of ownership. If
the parcel was not created pursuant to Chapter 58.17 RCW and the Title 16 YMC,
the external boundaries existinq as of December 31, 1992, shall be used to
establish what is a parcel for the purposes of this code. For parcels which have not
been conveyed since that date, the leqal description used in the conveyance closest
to that date shall control.
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This change simply clarifies the operation of existing state subdivision rules
and case law In effect, if you have a parcel of land created through a
subdivision, short subdivision, large lot subdivision, or an exempt land
division, it is a legal lot of record and is treated separately under the zoning
code for purposes of density calculation, land uses, and permit requirements
If the parcel was not created via a subdivision, but pre-dates the adoption of
the short subdivision requirements in Yelm (1992), then the parcel described 0
by the deed in effect at that date is the legal lot of record for the purposes of
administering the zoning code
17.06.682 Setback. "Setbackll means the distance between any building foundation
and the adjacent facing lot line
This codifies the existing method for measuring setbacks, which is
consistent with the setback rules which allow protrusions into the setback
area for cornices, eaves, steps, ramps, decks, patios and other, similar
features
17 06.685 Site plan review committee. IISite plan review committeell means a
committee composed of the city pl3nnercommumty development director, who shall
serve as chairmaA: of the committee, the city administr3tor, the city director of public
works the city enqineer, and the building official, or their designees
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Staff Report
Page 3 of 15
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With the creation of the Community Development Department, the City
Administrator would like to no longer be an official member of the Site Plan
Review Committee With the creation of the position of Development Review
Engineer, it is appropriate for that person to be on the Committee rather than
the Public Works Director Both the Administrator and the Public Works
Director will still be involved in the review of land use applications and their
comments will be considered by the Committee
New Section Temporary Use. A commercial land use limited in scope, duration,
and intensity.
A new definition for a new land use as discussed below
New Section 17.09.045 Allowable Density When calculatinq the number of
dwelling Units allowed on a parcel. the gross area is used and the subsequent
number of units is rounded to the first significant diqit.
This codifies the method for calculating density used presently, and allows
you to round up in the case of a partial density unit greater than 0 5 For
example, a 1 9 acre parcel of land in the R4 district would have an allowed
density of 8 homes (1 9 *4 = 76, rounded up to 8)
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Chapter 17.39 - Delete entire Chapter
The Zoning Maps do not identify any area of Industrial/Warehouse District,
making this chapter unused except as part of the permitted uses in the
Industrial District. If, in the future, the Comprehensive Plan is amended to
include the Industrial/Warehouse District, the Zoning Code could be
amended at the same time to re-establish the uses within that district.
However, the language is unused at this time
17.40.020 Permitted uses.
A.
Specific types permitted in the industrial district include
1 ^II uses permitted outright in the IndustnalNvarehouse Chapter 17.39.
1. Public buildings and uses, including shops and public safety facilities.
2 Industrial activities involving the manufacture, assembly, repair,
servicing of goods or products Such goods or products may include,
but are not limited to
a Mechanical, automotive, marine and contractors' or builders'
equipment and supplies,
b Concrete, cement, asphalt, building materials and supplies,
c Electrical and electronic equipment or products,
3 Industrial activities involving the assembly of manufactured products,
re-manufacturing/ recycling and processing of materials Such
products may include, but are not limited to
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Staff Report
Page 4 of 15
B
a. Wood products, including furniture,
b Metal, cans, cable and pipe,
c Plastics and synthetic materials,
d Concrete products,
e Cloth, paper,
f Commercial bakery goods,
g Cosmetics or other products for personal use,
h Agricultural or dairy products,
Scientific, medical and precision instruments and equipment,
Livestock rendering facility,
k. Auto wrecking yards
4 Other uses
a Power generation, distribution or supply,
b Warehousing and storage of equipment, commodities and
products,
c Gas and petroleum processing or distribution,
d Laundry and dry cleaning plants,
e Care and/or sale of livestock,
5 Accessory uses clearly subordinate to, and an integral part of, the
primary use of the property (e g , plant cafeteria, recreation area),
6 Commercial uses or activities which complement the permitted uses
such as.
a. Service stations,
b. Hardware stores.
7. Livinq or residential quarters as an accessory use such as quards'
quarters in larqe establishments where such quarters are customarily
provided for security and/or insurabilitv of the premises.
Similar or related uses permitted, and criteria for determination of similarity or
relatedness as follows
1 Uses similar to, or related to, or compatible with those listed or
described in subsection 1740 020(A) are permitted upon a finding by
the approval authority and/or the site plan review committee that a
proposed use does not conflict with the intent of this chapter or the
policies of the Yelm development plan,
2 The criteria for such finding of similarity, etc , shall include but not be
limited to the following
a. The proposed use is appropriate in this area,
b The development guidelines for permitted uses can be met by
the proposed use,
c The public need is served by the proposed use
Special uses may be permitted as provided for in Chapter 17 66 of this title
On-site and off-site hazardous waste treatment and storage facilities as an
accessory use to any activity lawfully allowed in this zone, provided that such
facilities meet the state siting criteria adopted pursuant to the requirements of
RCW 70 105210
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Page 5 of 15
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This simply adds the permitted uses in the IndustrialWarehouse District as
permitted uses in the Industrial District.
New Section 17.60.125 Refuse Areas.
1. Refuse container screening shall be required and be of a material and
desiqn compatible with the overall architectural theme of the
associated structure, shall be a least as high as the refuse container,
and shall in no case be less than six feet hiqh.
2. No refuse container shall be permitted between a street and the front
of a building.
3. Refuse collection areas shall be desjqned to contain all refuse
generated on site and deposited between collections, Deposited
refuse shall not be visible from outside the refuse enclosure.
Adds requirements for refuse area placement and screening to Plarmed
Residential Developments similar to requirements for multi-family
developments and new commercial developments.
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17.60.170 Final review and approval--Application--Filing time limitation. An
application for final review and approval shall be filed by the applicant within
eighteen months of the date on which preliminary approval was given by the eity
councilhearing examiner An extension not exceeding six months may be granted
by the approval authority If application for final approval is not made within eighteen
months or within the time for which an extension has been granted, the plan shall
be considered abandoned, and the development of the property shall be subject to
the normal requirements and limitations of the underlying zone and the subdivision
ordinance
This reference to the city council instead of hearing examiner in the Planned
Residential Development Chapter was missed during the creation of the
hearing examiner system
17.60.180 Final review and approval--Application--Partial PRD area. An
application for final review and approval may be filed for part of a PRO area for
which preliminary approval has been granted by the city councilHearing Examiner
An application for final approval of a part of a PRO shall provide the same
proportion of open space and the same overall dwelling unit density as the overall
preliminary approval
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If that portion of the PRO for which final approval is requested does not provide
such open space, the developer shall file in escrow a quit-claim deed in favor of the
city for such additional land area adjacent and accessible to the site, and of
sufficient size to provide the open space required to meet the standards of this title
In the event that the developer abandons the remaining portions of the PRO, the
escrow agent shall deliver the quit-claim deed to the city or to such other public or
private entity as the city may direct
Staff Report
Page 6 of 15
Final approval of a PRO shall not be construed to be final plat approval Plat
approval is a separate action and shall be in compliance with state and local
subdivision and platting regulations
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This reference to the city council instead of hearing examiner in the Planned
Residential Development Chapter was missed during the creation of the
hearing examiner system
17.60.190 Final review and approval--Appl ication--Required documentation.
The applicant shall submit at least seven copies of the application for final review
and approval of the PRO to the planning department for its review The application
for final review and approval shall comply with the conditions imposed on the
preliminary approval In addition, if the PRO is being immediately subdivided, the
data required of regular plats as required by the subdivision ordinance must be
submitted The application shall include the following
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Final elevation and perspective drawings of project structures,
Final landscaping plan,
Final plans of and including profiles of the drainage, water, sewer, lighting,
streets and sidewalks or pathways,
Such other documentation, information and data not lending itself to graphic
presentation such as restrictive covenants, incorporation papers and bylaws
of Homeowners' Associations, dedications of easements, rights-of-way and
other conditions specifically required by the approval authority for the
particular PRO
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A.
B
C
No final PRO application shall be deemed acceptable for filing unless all of the
above information is submitted in accurate and complete form sufficient for the
purposes of planning department review After receiving the final PRO application,
the planning community development department shall route the same to all
appropriate city departments, and each department shall again submit to the
pl::mning communltv development department comments and recommendations
If the city departments determine that the final PRO application conforms fully with
all applicable regulations and standards, the final PRO application shall be
presented to the city council hearinq examiner for final approval
New Section 1761 040 (0) Refuse Areas.
1. Refuse container screenlnq shall be required and be of a material and
desiqn compatible with the overall architectural theme of the
associated structure. shall be a least as high as the refuse container,
and shall in no case be less than six feet hlqh
2. No refuse container shall be permitted between a street and the front
of a building.
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Page 7 of 15
3.
Refuse collection areas shall be desiqned to contain all refuse
qenerated on site and deposited between collections, Deposited
refuse shall not be visible from outside the refuse enclosure.
This reference to the city council instead of hearing examiner in the Planned
Residential Development Chapter was missed during the creation of the
hearing examiner system
17.62.060 Master plan approval.
A.
Purpose The master plan shall consist of map(s) and text which indicate
major development features and seNices for the entire site, including a
schedule indicating phasing of development and the means of financing
seNices for the site
Review A complete master plan for the entire master plan area shall be
submitted within three ten (10) years of conceptual approval unless an
extension has been granted pursuant to Section 17 62 070 The master plan
shall be reviewed by the planning commission and a recommendation
submitted to the city council for final action The planning commission shall
not recommend approval of a master plan unless the commission has
conducted a public hearing pursuant to RCW 35A.63 073 and it is
determined that said plan is consistent with the conceptual approval and
complies with the policies of the comprehensive plan, the purposes of
Section 17 62 020, and the provisions of this chapter The planning
commission may recommend terms and conditions of approval, and require
the provision, and further public review, of additional information and
analyses in order to insure such compliance In addition, the planning
commission may propose changes in the proposed master plan or the
proposed zoning on the basis of information presented in the course of
master plan review, as long as the changes are consistent with applicable
city plans and policies Changes not consistent with city plans and policies
may be made only if conceptual approval or other plans or policies are first
amended accordingly
B
Master Plan Developments have proven to be very large, complex projects
which require longer time periods for completion than originally allowed This
amendment will allow approvals for 10 years of the conceptual plan, allowing
the developer to focus on developing the plan rather than re-authorizing the
approved use every three years
17.69.090 Appeal procedure. Any person aggrieved by the determination of the
city clerk to grant a home occupation permit may appeal such determination to the
city councilHearing Examiner Any person 3ggricved by tho detcrmin3tion of the city
council to gr3nt, deny or revoke 3 home OCCup3tlon permit may 3ppe31 to the city
council for reconslder3tlon of such determin3tlon. Any appeal made pursuant to this
section shall be in writing and filed with the city clerk within thirty days from the date
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~~ ~ f 17 70.030 Temporary Uses Exempt from Permitting. The followinq temporary
,iJ1 ~.j",,-~ uses are allowed, provided the proposed use is allowed by the underlyinq zoning
t ~~ '\ district:
_____\~"t'~~ 1.
..:.. Temporary contractor's offices, equipment storage sheds and storaqe
yards, and portable lavatories on the site of a permitted, active
_______ construction project, for a duration not exceedinq one year.
~ 2~ Temporary events located on private or public property. parks or on
.~. puBlic-s..chool properties. includinq festivals, outdoor art. craft and book
:\S ....hy sales and(Sidewalk sale~nd shows, concerts or other performances,
~~.. , fireworks disPla'7s;-doq~tfials and horse trials. parades and exhibits,
\Z ',~ and similar activities and events.
; , Rummage and other outdoor sales sponsored by schools or other
nonprofit orqanizations for no more than three days per event and no
more than four times in any calendar year. cz
F~rmers' ma.rkets and roadside stands.~ - ,
Film productions. LJ.
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Staff Report
Page 8 of 15
of the determination being appealed, and shall contain a complete statement of the 0
grounds upon which such appeal is based Any appeal filed in compliance with this
section pertaining to the revocation of a home occupation permit shall stay the
revocation of such permit pending reconsideration by the city council
This direct appeal to the City Council in the Home Occupation Chapter was
missed when the hearing examiner system was created The hearing
examiner's decision is appeal able to Council
New Chapter 17.70 - Temporary Uses
1770010 Applicability. Temporary events and uses that are of low impact (beinq
limited in scope, intensity and duration),
17.70.020 Purpose. To identify temporary uses which are low-impact and .Iimited-
duration activities that would otherwise be subiect to a site plan review approval,
site improvements. and connection to sewer and water.
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4.
5
This new chapter clarifies that certain, limited, temporary uses and the
structures associated with them are exempt from permitting requirements
and infrastructure standards This is not a change in policy for the City, but
does explicitly list these exempt activities
17.80.070 Species choice The applicant shall utilize plant materials that are
drouqht resistant and complement the natural character of the Pacific Northwest
This updates the landscaping requirements to require drought resistant
species
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Staff Report
Page 9 of 15
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17.80.090 Performance assurance.
A. The required landscaping must be installed prior to issuance of the certificate
of occupancy unless the approval authority or site plan review committee
determines that a performance assurance device, for a period of not more
than one year, will adequately protect the interest of the city In no case may
the property owner/developer delay performance for more than one year
B The city may accept, as an alternative to a performance assurance device, a
contractual agreement or bond between the owner/developer and a licensed
landscape architect, Washington-certified nurseryman or Washington-
certified landscaper, along with a rider or endorsement specifically identifying
the city as a party to the agreement for purposes of enforcement. Nothing in
this alternative shall be interpreted to in any way modify the conditions of
subsection 1780 090(A)
C If a performance assurance device or evidence of a similar device is required
under subsections 1780 090(A, B), the approval authority shall determine
the specific type of assurance device required in order to insure completion
of the required landscaping in accordance with the approved landscaping
plan The value of this device must equal one hundred fifty percent of the
estimated cost of the landscaping to be performed, and shall be utilized by
the city to perform any necessary work, and to reimburse the city for
documented administrative costs associated with action on the device If
costs incurred by the city exceed the amount provided by the assurance
device, the property owner shall reimburse the city in full, or the city may file
a lien against the subject property for the amount of any deficit.
o If a performance assurance device or evidence of a similar device is required
under subsections 17 80 090(A, B), the property owner shall provide the city
with an irrevocable notarized agreement granting the city and its agents the
right to enter the property and perform any required work remaining undone
at the expiration of the assurance device
E Upon completion of the required landscaping by the property owner, at or
prior to expiration of the assurance device, the city shall promptly release the
performance assurance device or evidence thereof
F. The owner/developer of any proiect requiring site plan review approval,
subdivision approval, or short subdivision approval shall provide a
performance assurance device in order to provide for maintenance of the
required landscaping until the tenant or homeowners association becomes
responsible for landscapinq maintenance The performance assurance
device shall be 150% of the antiCiPated cost to maintain the landscaping for
three (3) years.
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The City has experienced some maintenance problems in developments in
which the landscaping is installed before the homeowners association or
homeowners take over maintenance of the required landscaping and street
trees The developer has the option to submit an assigned savings for
required landscaping, but when it is installed before homes are built or sold, it
sometimes is not maintained and does not survive The required savings
Staff Report
Page 10 of 15
account assignment would cover maintenance expenses if the landscaping is
not maintained by the developer and should encourage maintenance 0
17.84.010 Generally--Committee membership.
A. Site plan review and approval shall be required prior to the use of land
or building for the location of any commercial, industrial or public
building or activity, including environmental checklist review, and for
the location of any building in which more than two dwelling units
would be contained Additionally, site plan review shall be required for
any allowed, regulated or special use activity on lands containing a
wetland or wetland buffer areas pursuant to the requirements of
Chapter 14 08
B Exemptions from site plan review and approval shall be granted by the
site plan review committee if'
1. there There is no addition of square feet or no additional tenant,
aR-or the expansion is for storage only (future conversion of
storage area would require compliance with this chapter).l.
2. ---aOO-tIhe proposed use is similar as classified by the Standard
Industrial Code Classification Manual.l.
3. the building has been occupied within the previous 18 months.
C An application, in completed form, shall be filed for site plan review
and approval with the city planning community development
department. An application shall not be in completed form under this
section if it fails to contain any of the information and material required 0
under Section 17 84 060
o The site plan review committee shall consist of the following members
the city plannercommunity development director, who shall seNe as
chairmaH, city 3dministrator; the city director of public works the city
enqineer, and the building official, or their designees
With the creation of the Community Development Department, the City
Administrator would like to no longer be an official member of the Site Plan
Review Committee With the creation of the position of Development Review
Engineer, it is appropriate for that person to be on the Committee rather than
the Public Works Director Both the Administrator and the Public Works
Director will still be involved in the review of land use applications and their
comments will be considered by the Committee
17.84.040 Appeal of decision to City CouncilHearin~ Examiner. Appeals of all
site plan review decisions may be taken to the CIty Council hearinq examiner in
accordance with Chapter 1549 of the Yelm Municipal Code
This appeal of site plan review decisions was missed when the Hearing
Examiner system was created
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Page 11 of 1 5
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17.93.030 Abandonment or discontinuance. A.nonconforming use shall be
deemed abandoned by discontinuance or abandonment for a period of eighteen
consecutive months, and any subsequent future use of such land or buildings shall
be in conformity with the provisions of this title
This clarifies the existing method for determining the lapse of a pre-existing,
non-conforming use
Proposed Amendments to the SEPA Code - Chapter 14.04 YMC
14.04.030 Designation of responsible official. For those proposals for which the
city is the lead agency, the responsible official shall be the sHy
administratorcommunity development director of the city of Yelm For all proposals
for which the city is the lead agency, the responsible official shall make the
threshold determination, supervise scoping and preparation of any required
environmental impact statement (EIS), and perform any other functions assigned to
the lead agency or responsible official by those sections of the SEPA Rules adopted
by reference in the ordinance codified in this chapter The city shall retain all
documents required by the SEPA Rules and make them available in accordance
with Chapter 42 17 RCW
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With the creation of the Community Development Department, the City
Administrator wishes to delegate the Responsible Official duties to the
Community Development Director
Proposed Amendments to the Concurrency Code - Chapter 15.40 YMC
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15.40.030 Determination and payment of the transportation facility charge.
A. The transportation facility charge shall be based on the per peak-hour trip
rate identified in the report from transportation trip calculations based on a
transportation report consistent with city standards
B City standards shall include
1 Standard transportation assumptions as identified in Table
15 40 030(B)(1), Trip Generation Rate Default Values, P M Peak
Hour;
2 For facilities not on the standard transportation assumptions, the
Institute of Traffic Engineers Trip Generation Manual for the most
recent year;
3 For projects with nontraditional peak hour impacts or different from
standard projects modeled in said Table 1, a special report, based on
generally accepted traffic engineering principles may be submitted
and considered
C Credits shall be given to reflect the projected impact on the community
system such as, traffic decreases where an existing faCility on-site is
removed or replaced, and traffic reduction systems which are binding
and likely to remain effective for the life of the project
Staff Report
Page 12 of 15
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Credits may also be given for projects which create a significant economic
benefit to the community, including industrial or manufacturing uses with an
excess of 500 trips per day The size of the credit shall be measured at an
appropriate percentage of the anticipated annual tax revenue increase to the
community and available for capital contribution to transportation facilities on
the approved plan as a result of the project. The said credit shall be
calculated as detailed in Table 15 40 030(0), Formula for Calculating TFC
Credits
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Table 15.40.030(D)
Formula for Calculating TFC Credits
1 Estimated gross revenue for six years
2 Multiply gross revenue by 0 2 percent (B and 0 tax)
3 Multiply gross revenue subject to sales tax by 1 5 percent (city share
of state sales tax)
4 Add products of 2 and 3 above
5 Multiply total from line 4 by nine percent (percentage of tax revenue
budgeted to city road fund)
6 Multiply product from line 5 by 28 percent (percentage of money in the
road fund that is designated as private share for projects on the TFC)
Payment of the transportation facility charge shall be as follows
1 For projects involving the division of land for sale or lease upon the
issuance of a building permit for construction of each lot of record, for
the traffic attributable to that lot;
2 For projects approved through site plan review' upon the issuance of
the building permit authorizing the construction of any phase, for the
traffic associated with that phase
3. For proiects approved through site plan review which do not include a
list of tenants at the time of approval. upon the issuance of the
buildinq permit for the tenant improvements, if required, or otherwise
upon the issuance of the business license, for the traffic associated
wIth that tenant.
This proposed amendment would increase the flexibility for the developer of
multi-use faculties in which the future tenants are unknown Because the
building could be occupied by uses which generate different traffic volumes
and, therefore, are required to pay different TFC's, the developer currently
has to 'guess' the future use
Proposed Amendments to the Subdivision Code - Title 16 YMC
16.12.300 Hearing examiner review Upon receipt of all required administrative
approvals, the community development director city pl::mner shall forward any
proposed fin31 full pl::1t 3nd 3ny large lot subdivision of five or more lots to the
hearing examiner for appropriate action The hearing examiner shall review such full
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Staff Report
Page 13 of 15
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subdivision and forv.'3rd Its recommend3tion to the city council. The he3ring
eX3minor sh311 render a decision regarding such large lot subdivision
The City Council should still act on final subdivisions, although this language
was included in error when the Hearing Examiner system was adopted
16.12.310 Council review. Upon receipt of the all required administrative
approvals, the community development director shall forward any proposed final full
plat to the city council for appropriate action. he3ring examiner's recommend3tion
the 3dministr3tor sh311 present the pl3t to the city council. Upon finding that the final
plat has been completed in accordance with the provisions of this title and that all
required improvements have been completed or that arrangements or contracts
have been entered into to guarantee that such required improvements will be
completed, and that the interests of the city are fully protected, the city council shall
approve and the mayor shall sign the final plat and accept dedications as may be
included thereon The mayor shall immediately return the final plat to the city
clerk/treasurer for filing for record with the county auditor
The City Council should still act on final subdivisions, although this language
was included in error when the Hearing Examiner system was adopted
Proposed Amendments to the Development Guidelines
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48.070 Private Streets
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See definition of private street in Section 3 025
A. Private streets within City limits shall not be allowed except when approved
by the City and when all conditions of this section are met.
B Private streets will not be allowed when
1 The proposed street is connected to two public streets
2 The intersection of the proposed street with another street is
signalized (150 LF of the private street starting from the Right-of-Way
will then be required to be a public roadway)
3 The street could be used as a thoroughfare or "short cut"
4 It would not be in the best interest of the public due to a threat to the
public's safety, health, and welfare
C Private streets may be allowed under the following conditions
1 Perm3nently est3blished by tr3ct or e3sement providing leg31 3cceSE
to serve unlimited dwelling units citu3ted on one p3rcel 3nd sufficient
to 3ccommod3te reqUired improvements, to include provisions for
future use by 3dJ3cent property owners ';,then 3pplic3bleThe private
street is permanently established by tract or easement providinq leqal
access, includinq proVisions for future use by adiacent property
owners, when applicable, and
2 If the private street serves f:Bf--.nine (9) or fewer dwellinq units, ltshall
require a minimum 30-foot paved surface, and have a sidewalk 4 feet
Staff Report
Page 14 of 15
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in width, constructed to City standards Private street serving multi
f3mily or mobile homes 311 on one p3rcel shall provide a four foot
side'l/3Ik on one side 'Nith such 3 design 3S to prevent p3rking on the
sidev/alk, and
3 Accessible at all times for emergency and public service vehicle use,
and
4 Will not result in landlocking of present or future parcels nor obstruct
public street circulation, and
5 Covenants have been approved, recorded, and verified with the City
which provide for maintenance of the private streets and associated
parking areas by the owner or homeowners association or other legal
entity
Acceptance as Public Streets Acceptance of private streets as public
streets will be considered only if the street(s) meet all applicable public street
standards, including Right-of-Way widths, walks, drainage, Iighting,and
pavement composition
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This amendment clarifies the existing standards for private streets
48.080
Street Frontage Improvements
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Frontage Improvement Deferrals In certain circumstances it may not be
appropriate to require installation of frontage improvements at the time a
development occurs In such situations, the City may permit deferral of
installation of such improvements to a later date under the provisions of this
section
The City may authorize a deferral of any or all required frontage
improvements as defined by these Standards, provided one or more of the
following criteria are met:
· The design grade and alignment of the abutting street cannot be
determined at the time of construction of the development.
· The installation of frontage improvements required for the
development would create or intensify a hazard to public safety
. The installation of required frontage improvements would be
inconsistent with the City's long-range street and utility system
comprehensive plans
. The installation of frontage improvements required in paragraph A of
this section could be more safely, efficiently and effectively
implemented if done concurrently with the installation of improvements
required for other properties along the same street frontage
. The scope of the improvement being authorized by the permit does
not constitute a significant change in the existing demands of the use
of property upon the City's transportation and utility transmission
systems
Any deferred frontage improvement shall be secured for installation at a later
date by one of the following methods selected by the City
Staff Report
Page 15 of 15
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Commitment to Participate in a Local Improvement District. The
property owner shall execute and record a covenant document that
insures the participation of the subject property owner(s) in any local
improvement district formed for the construction of such frontage
improvements Said document shall be in a form acceptable to the
City Attorney and shall be effective for a period of fifteen (15) years
from the date of recording
If the developer chooses to participate in a Local Improvement District.
the document shall include an aqreement that the subiect property
owner(s) shall construct required frontaqe improvements when
directed by the Public Works Director at any time within the effective
life of the covenant document. The Public Works Director shall
require frontaqe improvements to be installed by the subiect J:>roperty
owners(s) when the street is improved by funding methods other than
a Local Improvement District.
2
Payment in Lieu of Installation The property owner shall pay to the
City an amount equal to the estimated value of the required frontage
improvements as determined by the Public Works Director Such
amount shall be deposited into a municipal fund account reserved for
the financing of such improvement. Such payment shall be refunded
in full, plus interest to the successor in interest in the property should
the City not install the required frontage improvements within five (5)
years form the date such payment is made
If a road is improved by the City to current standards wtfhout creatinG a local
improvement district WIthin the 15 year time period of the LID aGreement, the
property owner would be responsible for their frontaGe improvements.
Drawing 6-8 - 2" Air and Vacuum Release Valve.
Update the drawing to show the assembly terminating one (1) foot above the
finished grade
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This change is required by recent changes in State Laws regarding water
system design related to cross-connection
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SOLID CAST IRON COVER
MARI<ED "WATER"
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AIR & VACUUM VALVE ASSEMBLY MUST BE INSTALLED AT HIGHEST POINT OF LINE
2 REMOVE ALL FOR I<NOCI<OUTS TO ALLOW FOR DRAINAGE
CI TY 01:- YELM
DEI::>T OF PUBLIC WOI'\I<S
3 FACE Of METER BOX TO BE LOCATED l' IN BACI< OF CURB
4 WHERE AIR RELEASE VALVE FALLS OUTSIDE OF PLANED IMPROVEMENTS REPAIR
SIDEWAU< TO MATCH EXISTING
271 AIR AND
RELEASE
V ACUU~/1
VALVE
5 THE WATER SEINICE LINE SHALL HAVE 36" OF COVER BELOW FINISH GRADE
/\I'rl~r\\l 1
6 METALLIC (DETECTABLE MARKING) TAPE SHALL HE COLOR CODE BLUE AND SHALL BE
IMPHlNTED CONTINUOUSLY OVER ITS ENTIRE LENGTH IN PERMANENT BLACI< INI<, WITH
THE MESSAGE "WATER LINE BURIED BELOW" AND THE WORD "CAUTION" PROMINENTLY
SHOWN TAPE SHALL BE A 2" MIN WIDTH
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
City ofYelm
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, AUGUST 19, 2002, 4 00 P.M.
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W.
1 Call to Order, Roll Call, Approval of Minutes
June 17, 2002, minutes enclosed
2. Public Communications
(Not associated with measures or topics for which public hearings have been held or for
which are anticipated)
3. Worksession - Yelm Development Regulations Update
Staff Report Enclosed
4. 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
Next regular meeting shall be'
MONDAY, SEPTEMBER 16,2002 - 4:00 P.M.
The CIty of Yelm IS an Equal Opportumty ProvIder
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City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
CANCELLATION
NOTICE
The Julv 15. 2002, 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
MONDAY, AUQust 19, 2002, at 4:00 pm.
C If there are any questions concerning this change, please call the Community
Development Department at (360) 458-3835
ATTEST
~/., \ /~)
'i,)1 i.J 06 }Utu[l~_
Agn s Bennick
City Clerkffreasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Wednesday, July 10, 2002
Mailed to the Planning Commission mailing list Wednesday, July 10, 2002
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The CIty of Yelm IS an Equal Opportumty ProvIder
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PUBLIC NOTICE
Yelm Planmng CommIssion Meetzng Schedule Change
The CIty of Yelm Planning CommissIOn meetmg schedule has been changed. The City of Yelm
Planmng CommIssIOn now meets the third Monday of each month. The next regularly scheduled
meetmg is Monday, July 15,2002 at 4:00 pm, m the Yelm CIty Hall Council Chambers at 105
Yelm Avenue West, Yelm. If there are any questions concerning thIS change, please call the
Commumty Development Department at 360-458-3835
th~ /Jv1' f.'/H 1/. ' 7-
Agnes P Bennick':
CIty Clerk/Treasurer
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News Fnday, June 28, 2002
Posted m PublIc Areas. Wednesday, June 26, 2002
Mailed to Planmng CommIssIOn mailIng lIst: Wednesday, June 26, 2002
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YELM PLANNING COMMISSION MINUTES
JUNE 17, 2002, 400 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
02-16
Tom Gorman called the meeting to order at 4 00 P m
Members present: Tom Gorman, John Thomson, Ray Kent, Don Carney, Joe
Baker, Glenn Blando, and E J Curry
Staff: Grant Beck, Tami Merriman, and Jim Gibson
Guest: Glen Cunningham
Approval of Minutes:
MOTION BY DON CARNEY, SECONDED BY GLENN BLANDO, TO
APPROVE THE MINUTES OF APRIL 15, 2002. MOTION CARRIED.
Public Communications Ms. Merriman distributed two letters of resignation to
the Commission The letters were from Ms. Lonqmire and Mr. Kent. Mr.
Gorman stated it was with regret that he accepted these letters Ms. Merriman
informed the Commission that she has placed an ad in the Nisqually Valley
News giving notice of the vacancies Mavor Adam Rivas will review the letters
of interest submitted, and appoint new members shortly
PUBLIC HEARING: 2002 Comprehensive Plan Amendments
Applicant: City of Yelm
Location: City Wide
Mr. Gorman opened the public hearing at 4 02 pm Mr. Gorman asked if any
Commission members 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 called for a staff report.
Ms Merriman gave a brief report, outlining four items that were part of the 2002
Comprehensive Plan Amendment. The 4 items that are to be updated are, 1)
Comprehensive Plan Chapter XII, Environment. The changes to the
Environment chapter includes more detailed goals and policies which will direct
the Commission in its Critical Areas Ordinance Update in the coming year 2)
Water Comprehensive Plan Update This includes adopting the updated Water
Comprehensive Plan as Appendix B of the Comprehensive Plan 3) Rezone of
5 properties from Industrial to R-6 Moderate Density Residential This includes
changing the zoning of 5 properties that are zoned Industrial to Residential
The properties are currently occupied in a residential use 4) Amending
Chapter 17 66 Special Uses to include siting requirements for Secure
Community Transition Facilities
Yelm Planning Commission
June 17, 2002
R:\Community Development\Planning Commission\Minutes and Agendas\PC 2002.min\06.17 .02 min.doc
Page 1
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Mr. Gorman called for public comment.
Mr. Glen Cunningham, 207 Stevens Ave., Yelm
Mr. Cunninqham asked for clarification of the site of the properties to be
rezoned
Mr. Mike Killion, P.O. Box 764, Yelm
Mr. Killion also requested verification of the site of the properties to be rezoned
Ms Elaine Taylor, Department of Social and Health SeNices
Ms. Taylor explained to the Commission the requirements of the State for
jurisdictions to provide for Secure Community Transition Facilities (SCTF) Ms.
Taylor stated that the DSHS has reviewed the proposed amendment for the
siting of the SCTF's and has found areas within the amendment that seem to be
more restrictive than the state requirements Ms. Taylor provided written
comments that detail the areas that seem to be more restrictive If a jurisdiction
creates regulations that make the placement of the SCTF impossible, the state
may deem the ordinance as void
Mr. Gorman called for questions from the Commission
Mr. Gorman asked Ms. Taylor who determines whether our ordinance is void
because it is more restrictive than the state requirements Ms. Taylor
responded that she thought it would be the Secretary of the DSHS, after staff
review Mr. Gorman asked what would happen if the Planning Commission
passed an ordinance that was more restrictive? What would DSHS do? Ms.
Taylor stated that a process has not been created yet. A letter regarding
preemption should be coming out shortly If the local ordinance was so
restrictive that it is preemptive, it may require preemption If there were just one
or two things, maybe it would be void Ms. Taylor stated that she is unsure
These items are being discussed at this time
Mr. Gorman inquired about F 1 d 2, regarding placement 500 feet from a
residential lot. How is this more restrictive? Ms. Taylor explained that a
residential lot is not a risk potential facility, and the City is adding a restriction to
the criteria. By adding residential lots, the City is eliminating a large number of
potential sites
Mr. Carney stated that there are two definitions, less restrictive housing and
Secure Community Transition Facilities Which are we required to provide?
Ms. Taylor responded Secure Community Transition Facilities Mr. Carney
asked that if we are required to provide for SCTF's, is there a way to deny the
less restrictive housing? Ms. Taylor stated that the City may not even be
consulted about a less restrictive housing arrangement. It is not a change of
land use or zoning
Yelm Planning Commission
March 18, 2002
R:\Community Development\Planning Commission\Minutes and Agendas\PC 2002.min\06.17 02 min.doc
Page 2
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Mr. Carney asked that if we had someone listed in a less restrictive housing
situation, then do we meet the criteria, and not be required to provide a SCTF
Ms. Taylor responded that it could be an argument that you have met your
requirements
Mr. Beck stated that staff feels that we are not being more restrictive than state
requirements We have taken a different approach to determine the
requirements. We haven't identified areas that these facilities could be located,
we have established criteria for where they can be The criteria may be
different for locating within the areas, but we have not eliminated it throughout
the City We allow them in the Industrial area, and have listed criteria for
locating them within that district. Ms. Taylor stated that this approach is fine, as
long as there are enough sites within that area that would work.
Mr. Carney asked if the GIS data that is offered by DSHS is available for the
citizens within the industrial areas to use, to determine whether how close a
facility may be? Ms. Taylor responded that the data is available for use for
determining SCTF sites, not for other purposes
Mr Gorman asked if there were any questions from the audience
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Mr. Glen Cunninqham asked if the railroad area was included in staff research
As part of a granttopurchase the railroad, there is required to be a walking
path beside the railroad When that is complete, it will be a public path
Being no additional questions or comments, Mr. Gorman closed the public
hearing at 4'37 p m
Mr. Gorman asked staff what was the next step in adopting the Comprehensive
Plan amendments?
Ms. Merriman stated that based on the Planning Commission recommendation
today, the amendments will be forwarded to City Council for adoption
Mr. Gorman asked the Commission for a motion
02-17
MOTION MADE BY JOHN THOMSON, SECONDED BY GLENN BLANDO TO
FORWARD THE PROPOSED COMPREHENSIVE PLAN AMENDMENTS Td
THE CITY COUNCIL FOR ADOPTION. DISCUSSION WAS HELD. II
JOHN THOMSON AMENDED THE MOTION TO FORWARD THE
"
COMPREHENSIVE PLAN AMENDMENTS TO CITY COUNCIL WITH THE
PROVISION THAT THE PORTION REGARDING SECURE COMMUNIll"
TRANSITION FACILITIES, AND THE LETTER FROM DSHS, BE REVIEWEQ
BY LEGAL COUNCIL AND ANY PROPOSED REVISIONS TO BE REVIEWEm
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AND ADOPTED BY CITY COUNCIL. GLENN BLANDO SECONDED THE
MOTION, ALL WERE IN FAVOR.
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Yelm Planning Commission
February 19, 2002
R:\Communi1y Development\Planning Commission\Minutes and Agendas\PC 2002.min\06.17.02 min.doc
Page 3
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Ms. Merriman introduced Mr. Grant Beck. Mr Beck had accepted the position
of Community Development Director for the City of Yelm The Commission and
citizens welcomed Mr Beck
Mr. Beck spoke to the Commission about changing their meeting schedule
With the addition of the Hearing Examiner, the Commission may not require two
meetings a month Mr. Beck asked the Commission if the would consider
changing their meeting schedule to one meeting per month The Commission
agreed to change their schedule to meet of the third Monday of each month
02-18
MOTION BY RAY KENT, SECONDED BY JOE BAKER, TO ADJOURN THE
MEETING. MOTION CARRIED.
Meeting adjourned at 450 P m
Respectfully submitted,
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Tom Gorman, Chair
Date
Yelm Planning Commission
March 18,2002
R:\Community Developmenl\Planning Commission\MinUles and Agendas\PC 2002.min\06.17.02 min.doc
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City ofYelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
To
Planning Commission
From Tami Merriman, Planning Technician
Date. June 11, 2002
Re 2002 Comprehensive Plan Amendment
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The 2002 City of Yelm Comprehensive Plan update includes four areas to be
amended They are, 1) update to Chapter XII, Environment, 2) include the 2002
Comprehensive Water Plan update as Appendix B, 3) Rezone 5 parcels from
Industrial to Moderate Density Residential, and 4) Update Chapter 17 66 Special
Uses
1) UPDATE TO CHAPTER XII ENVIRONMENT:
The Washington State Growth Management Act (GMA) RCW 36 70A.130(1)
required that "By September 1, 2002, each city and county in Washington must "take
action" to review and, if needed, revise its comprehensive land use plan and
development regulations to ensure compliance with the GMA" These updates
include Critical Areas Ordinances, Essential Public Facilities (Secure Community
Transitional Facilities), Buildable Lands, and the Shoreline Master Program
In March of 2002, the State legislature extended the timeline to complete the update
During the months of January 2002 to March 2002, the Planning Commission
reviewed and updated the Environment Chapter of the Comprehensive Plan, to,
prepare for the Critical Areas Ordinance update by creating goals and policies that
will direct the City in its creation and implementation of the new ordinance
AMENDMENTS TO CHAPTER XII, ENVIRONMENT
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The amendments to the Environmental Chapter of the Comprehensive Plan include
creating sub-categories for water resources Water Resources has been segregated
into sub-categories including Aquifer Recharge Areas, Wellhead Protection Areas,
Wetlands and Streams, Shorelines, and Frequently Flooded Areas This provides a ,
more detailed description for each of these natural resources with specific goals and i
policies that pertain to each one Noise and AIr Quality have been added with '
specific goals and policies for each
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Best available science was employed in the amendments to the goals and policies of
the Environmental Chapter and requires the inclusion of best available science in
developing development regulations to protect the functions and values of critical
areas
2) 2002 COMPREHENSIVE WATER PLAN UPDATE, APPENDIX B OF
COMPREHENSIVE PLAN:
The City of Yelm Comprehensive Water Plan is a guidance document that helps
insure safe and efficient public water system, and helps determine current and future
system needs Washington State Department of Health requires that this document
be updated every 6 years.
AMENDMENTS TO INCLUDE UPDATED WATER COMPREHENSIVE PLAN
The Comprehensive Water Plan update reviews the need for new water sources,
provides options regarding the ground water source under the influence of surface
water determination at well 3A, analyzes the distribution system and identifies the
necessary system improvements to meet the future 6 and 20 year growth
requirements. A water system financial analysis is included in the update to 0
determine if the existing rate structure is appropriate to maintain and operate the
system, and fund the necessary capital improvements required to ensure that the
water system can continue to reliably distribute safe drinking water to the public
As well, the update, in accordance with federal and state requirements addresses
the need to ensure that the well source and distribution system will continue to
provide clean, safe drinking water As a component of that analysis, a wellhead
protection plan and a cross connection control plan have been prepared for the
water system
The 2002 plan also incorporates the invaluable asset of reclaimed water and
additional capital improvements necessary to maximize the benefits of reclaimed
water
3) REZONE FIVE (S) PARCELS FROM INDUSTRIAL ZONE TO MODERATE
DENSITY RESIDENTIAL ZONE:
In 2001, the Yelm Chamber of Commerce, City of Yelm, Thurston County Economic
Development Council, and the Port of Olympia entered into a contract with E 0
Hovee & Company to complete a Market & Development Assessment for the Yelm 0
Industrial Area.
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A component of that study included a land use analysis of the industrial zoned
properties They found that there is a significant amount of residential
encroachment into the industrial area. While most of the encroachment is in the
more "rural" areas that are zoned industrial there are a few sites within the city limits
that are predominately residential and are surrounded by residential uses and/or
zoning
As a result there were four areas recommended for consideration of a rezone from
industrial to residential The five parcels identified here is the area within the City
limits that has the most residential encroachment, is highly unlikely to redevelop as
industrial and is surrounding predominately by existing residential .uses and zoning
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Staff has had discussions with the property owners in the rezone area Four of the
five property owners (Cenex owners not contacted) support the rezone The fifth
property owner is concerned with the effect the rezone will have on the property tax
assessment for the parcel Two of the effected property owners have wanted to add
on to their home or add additional secondary uses (garage), but the City has not
been able to issue them permits. In industrial areas residential uses are not allowed,
so for those sites that already have a home on them, the use is grandfathered in,
however they cannot enlarge the non-conforming use
AMENDMENT TO REZONE FIVE (5) PARCELS FROM INDUSTRIAL TO MODERATE
DENSITY RESIDENTIAL (3 - 6 units per acre)
On the map that shows the proposed rezone area, parcels A, D and E would be
rezoned from Industrial to Residential- Moderate Density, at a minimum of three (3)
units per acre and a maximum of six (6) units per acre Parcel F, which is owned by
the City and contains an underground stormwater facility would be rezoned to
Institutional District. Parcels Band C are actually large parcels that also front on
Rhoton Road Parcel B is undeveloped and Parcel C is developed as the Cenex
site Staff is proposing that Yelm Creek be used as a geographic boundary and that
the portion of the parcels that are to the west of Yelm Creek be rezoned to moderate
density residential and the portion of the parcels that are east of Yelm Creek remain
zoned as industrial
4} UPDATE YELM MUNICIPAL CODE CHAPTER 17.66 SPECIAL USEiS:
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In Washington State persons who have been sentenced and committed.as a
"sexually violent predator" and who have served their time but suffer from a "mental
abnormality or personality disorder" that inclines them to reoffend can be civilly
confined beyond their initial sentence for the purpose of treatment.
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A federal judge has ruled that those sexual predators civilly committed beyond their
sentence must be provided with a "less restrictive alternative" to total confinement if
it is not necessary to their continued treatment progress and they are ready for
community-based treatment. Currently there are 145 men in total confinement at a
Special Commitment Center (SCC) on McNeil Island
In response to the federal ruling, during the 1991 state legislative session, Senate
Bill 6151 was passed and signed into law by Governor Locke Senate Bill 6151
requires that there be an equitable distribution of Secure Community Transition
Facilities (SCTF) throughout the state and that SCTF's are considered an essential
public facility, therefore no local plan or regulation may preclude them
SCTF's are smaller housing units that provide a community-based treatment setting
for sex offenders who have progressed successfully through multiple levels of
treatment over several years. The SCTF will be the next step in treatment for those
who convince a court they have completed the treatment regimen and can be
conditionally released from total confinement to the highly supervised SCTF where
they will continue to undergo treatment.
Counties that had three or more residents committed to a Special Commitment
Center (SPC) for sex offenders, as of April 1 ,2001 must plan to for at least a three- 0
bed SCTF to be available, if needed, for the period between May 2004 and May
2008 On April 1 ,2001 Thurston County had 8 residents committed to a SPC,
therefore the county and the local jurisdictions within the county must provided for a
maximum of three beds in a SCTF's
AMENDMENTS TO INCLUDE TITLE 17, ZONING, CHAPTER 1766, SPECIAL
USES
The proposed amendments categorize secure community transition facilities as a
special use and provide siting criteria and dev~lopment regulations in Chapter 17 66,
Special Uses Secure community transition facilities will be allowed in the industrial
district. Site specific locations within the industrial district will have to meet criteria
and standards in the following categories allocation of facilities, occupancy,
separation from other uses, and staffing and security
The amendment includes a definition for "Less restrictive alternative housing", and
"Secure Community Transition Facility", creates guidance for the placement, and a
process for application and public awareness for a proposed facility
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NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
TAMI MERRIMAN
PLANNING TECHNICIAN
DATE:
Monday, June 17, 2002, 4:00 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 1766, Special Uses, and the Yelm Comprehensive
Plan Amendment.
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 17 66, Special Uses to include provisions for Secure Community
Transition Facilities, and Comprehensive Plan Amendments to include amendments to Chapter
XII Environment, Appendix B, Water Comprehensive Plan Update, and an amendment to
rezone five parcels from Industrial to Moderate Density The Planning Commission will forward
the proposed amendments to the City Council for a Public Hearing and action in July, 2002. A
complete packet of amendments and any related documents are available for public review
during normal business hours at the City of Yelm, 105 Yelm Ave W , Yelm WA. For additional
information, please contact Tami Merriman at (360) 458'"8496
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 Monday,
June 17,2002. 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 in the hearings, contact Agnes Bennick, City
Clerk, at (360) 458-8404, at least 4 days before the meeting
ATTEST
City of Yelm
12/ /~l/l.~ .,j ._"
,__ .{ "",/1 V7 J -
((/t I>~ / _ -'(. {: i__
Agnes Bennick, City Clerkrrreasurer
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News Friday, June 7, 2002
Posted in Public Areas Friday, June 7, 2002.
Mailed to property owners, and adjacent property owners for "Rezone" area.
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
o to receive future agendas and minutes II
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 17, 2002
TIME: 400 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS
Public Hearing(s):
1.
2002 Comprehensive Plan Update
NAME & ADDRESS
MAILING LIST? / SPEAKER?
(Indicate which public hearin~ by
the assigned numbers above)
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City of Yelm
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
YELM
WA8HINGTON
AGENDA
CITY OF YELM PLANNING COMMISSION
MONDAY, JUNE 17,2002,4:00 P.M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W.
1. Call to Order, Roll Call, Approval of Minutes
April 15, 2002, amended 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: 2002 Comprehensive Plan Update
Applicant: City of Yelm
Location: Citywide
Staff Report Enclosed
4. 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
Next regular meeting shall be.
MONDAY, JULY 15, 2002 - 4:00 P.M.
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City ofYelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
CANCELLATION
NOTICE
The June 3, 2002, 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, June 17,2002, at 4:00 pm.
C If there are any questions concerning this change, please call the Community
Development Department at (360) 458-3835
ATTEST
a~'
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/j( n.., LZ;JMtU::L-
Ag~s Bennick
City Clerk/Treasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Tuesday, May 28, 2002
Published in the Nisqually Valley News Friday, May 31, 2002
Mailed to the Planning Commission mailing list: Tuesday, May 28, 2002
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YELM PLANNING COMMISSION MINUTES
MAY 20,2002,4'00 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
John Thomson called the meeting to order at 4 00 P m
Members present: John Thomson, Don Carney, Joe Baker, and Glenn
Blando
Staff: Tami Merriman, Stephanie Conners, Jim Gibson and Roberta Allen
Members absent: Tom Gorman, Ray Kent (excused), Roberta Longmire,
Margaret Clapp and E.J Curry
Guest: Glen Cunningham
Approval of Minutes:
As there was no quorum at this Planning Commission meeting, minutes
from the April 15, 2002 meeting were not approved or accepted. However,
Ms. Merriman noted an error on the motion numbering of those minutes, which
will be corrected Corrected minutes will be distributed with the packet for the
next Planning Commission meeting and submitted for approval at that meeting
Public Communications Ms. Merriman distributed a letter of resignation from
Margaret Clapp to Planning Commission members Ms. Merriman will contact
Mayor Rivas regarding this vacancy John Thomson regretfully accepted the
letter of resignation on behalf of the Commission, stating that they have enjoyed
her presence on the Commission and have valued the contributions she has
made
2002 Comprehensive Plan Update - Water Comprehensive Plan Update
Presented by Stephanie Conners: II
Ms. Conners gave a powerpoint presentation with an overview of the Wateff
Comprehensive Plan update The plan is a 6-year planning document, last
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updated in 1996 During the preser:1tation, all Commission members present
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were very interested and asked many pertinent questions for clarification At
the conclusion of the presentation, John Thomson thanked Ms. Conners for ~
very comprehensive and well-done presentation
Other:
Ms. Merriman stated that the public hearing before the Planning Commission If or
the 2002 Comprehensive Plan Update will be on Monday, June 17, 2002 This
includes Water Comprehensive Plan Update, the 5-parcel Rezone, the Sec~re
Community Transition Facilities, and the update to the Environment Chapter II
The new Community Development Director, Grant Beck will start on June 3, 20<D2
Mr Beck comes to us from San Juan County John Thomson asked if there ~as
a BIO on Mr Beck. Ms. Merriman will forward that information to the Commission
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Yelm Planning Commission
May 20, 2002
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Meeting adjourned at 4:40 p.m.
Respectfully submitted,
Tami Merriman, Planning Technician
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John Thomson, Vice Chair
Date
Yelm Planning Commission
March 18, 2002
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May 19, 2002
To
The Mayor, Administrator, Planning Commission Chairman
and Members
From Margaret Clapp
Re Planning Commission Membership
Dear Adam, Shelly, Staff, Tom and Members,
It is with regret that I must resign from the Yelm Planning Commission I
have missed so many meetings with a new and regular conflict that must
take precedence over my planning commission duties and I do not feel it
is right to be a member when I can not attend I have enjoyed my two
plus terms and will continue my interest in all things Yelm I am still at
your service (on an irregular bas~oJ---
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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 20,2002,4:00 P.M.
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W.
1. Call to Order, Roll Call, Approval of Minutes
April 15, 2002, minutes enclosed
2. Public Communications
(Not associated with measures or topics for which public hearings have been held or for
which are anticipated)
3. 2002 Comprehensive Plan Update
a. Presentation by Stephanie Connors regarding the City of Yelm, Water
C Comprehensive Plan Update
4. 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
Next regular meeting shall be:
MONDAY, JUNE 17,2002 - 4:00 P.M.
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City of Yelm
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
CANCELLATION
NOTICE
The Mav 6, 2002, 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, MAY 20,2002, at 4:00 pm.
C If there are any questions concerning this change, please call the Community
Development Department at (360) 458-3835
c
ATT~
'((l/IJfJ yJ ~.Mntt>~
Agnes Bennick
. City Clerk/Treasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Tuesday, April 30, 2002
Published in the Nisqually Valley News Friday, May 3, 2002
Mailed to the Planning Commission mailing list: Tuesday, April 30, 2002
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YELM PLANNING COMMISSION MINUTES
APRIL 15,2002,400 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
Tom Gorman called the meeting to order at 4 00 P m
Members present: Tom Gorman, John Thomson, Ray Kent, Don Carney, Joe
Baker, Glenn Blando, and Roberta Longmire
Staff: Cathie Carlson, Tami Merriman, and Shelly Badger
Members absent: Margaret Clapp and E.J Curry
02-14
Approval of Minutes:
MOTION BY JOHN THOMSON, SECONDED BY GLENN BLANDO, TO
APPROVE THE MINUTES OF MARCH 18,2002. MOTION CARRIED.
Public Communications None
2002 Comprehensive Plan Update - Secure Community Transition Facilitiis
In response to a federal ruling, the State of Washington has passed a law that
requires equitable distribution of Secure Community Transition Facilities (SCTF):
throughout the state The SCTF's are smaller housing units that provide a
community-based treatment setting for sex offenders In Washington State!
persons who have been sentenced and committed as a "sexually violen~
predator," and who have served their time but suffer from a disorder that
inclines them to reoffend, can be civilly confined beyond their initial sentence fo~
the purpose of treatment.
Thurston County is required to provide a SCTF for at least three persons As a
jurisdiction within Thurston County, the City is required to plan for siting thiS
facility if needed
As part of this requirement the Commission must review and approve changes
to the Zoning Chapter to site such a facility
Ms. Carlson discussed the proposed changes, explaining the definitions, wherel.
a facility such as this could be sited, and the land use process Siting of such a
facility shall be through the Special Use process, and limited locations due td'
separation from other critical uses
The Commission agreed with the limitations placed in the siting requirements,
noting that, similar to the adult entertainment ordinances, the City must allow fo~
the siting of the facility, making sure the limitations does not make it impossibl~
to site such a facility
The Commission took a moment to thank Ms. Carlson for her years of staffing
the Planning Commission, her assistance and support, and wished her well i~
her new endeavors. I
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Yelm Planning Commission
March 18, 2002
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02-15
MOTION BY JOE BAKER, SECONDED BY DON CARNEY, TO ADJOURN
THE MEETING. MOTION CARRIED.
Meeting adjourned at 4 45 P m
Respectfully submitted,
Tom Gorman, Chair
Date
Yelm Planning Commission
March 18, 2002
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City ofYelm
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
FOR IMMEDIATE RELEASE
April 9, 2002
FOR INFORMATION:
Adam Rivas, Mayor
Shelly Badger, City Administrator
(360) 458-8401
(360) 458-8405
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Effective May 10, 2002, Community Development Director Cathie Carlson will
resign from her position with the city She has accepted a position with The
Shea Group, a Parametrix Company, a consulting firm in Lacey offering services
in civil engineering, urban/landuse planning, landscape design, traffic analysis
and transportation planning and engineering Cathie has served the Yelm
community for seven years, first as Planner and then as Community
Development Director Upon her promotion to Community Development Director
in 2000, she worked to establish a full-service department with a Planning
Technician, Development Services Engineer, Building Official and Support Staff
"Cathie was hired by the City just as Yelm's Comprehensive Plan under the
Growth Management Act was adopted and in need of implementation An
enormous amount of policy and program development was necessary and Cathie
was extremely effective in accomplishing this task for the betterment of the Yelm
community All, during the period of Yelm's largest growth period ever, when
new subdivisions and commercial projects were seen sprouting up throughout
the community She approached a huge workload with enthusiasm, efficiency
and heart and brought Yelm's Community Development Department to today's
level where quality and equitable service are provided to the citizenry and
development community," said Shelly Badger, City Administrator
In addition to her Director duties Cathie has represented Yelm on a regional
basIs on transportation and commute tnp reduction policy development and has
served on the Port of Olympia Planning Advisory Committee She has been
instrumental In bUilding Yelm s Urban Forestry Program since designation as a
Tree City USA and has been the lead staff responsible for the Yelm Creek Flood
Management Plan and Longmire Park development project
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"The deCISion to accept the pOSition With the Shea Group '/'/as one of the most
difficult ones I have ever made Yelm IS a very speCial community and It Will be
difficult to leave said ivls Carlson
"The most difficult part of the decision was leaving a community that has been 0
very supportive of the Community Development Department, and leaving a city
government that has such professional, dedicated and hard working individuals
It has been an absolute honor and privilege to work for the City of Yelm under the
direction of Mayor Rivas and the city council," she added
Cathie is confident that the professional community development services will
continue in the absence of her leadership "I have worked hard to establish a
quality department with quality people and am working closely with the Mayor
and City Administrator to insure that the department will be left in good hands,"
Carlson said In fact, the replacement process will begin immediately, with
applications due April 24, 2002 A formal interview process will commence the
week of April 29
Mayor Rivas added, "Cathie has represented Yelm in a positive and professional
manner; always striving for equity in an often challenging position, especially
during the establishment of policies and guidelines in the midst of large numbers
of development projects She will be greatly missed within the Yelm community
as well as on a regional basis However, this is a career opportunity that doesn't
present itself every day and we are proud that her time with Yelm could aid in her
career development We wish her and her family all the best."
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City ofYelm
105 Yebn Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
Date
April 9, 2002
To
Planning Commission
From Cathie Carlson, Community Development Director
Re Secure community transition facilities
Backqround
In Washington State persons who have been sentenced and committed as a "sexually violent
predator" and who have served their time but suffer from a "mental abnormality or personality
disorder" that inclines them to reoffend can be civilly confined beyond their initial sentence for
the purpose of treatment.
A federal judge has ruled that those sexual predators civilly committed beyond their sentence
must be provided with a "less restrictive alternative" to total confinement if it is not necessary to
their continued treatment progress and they are ready for community-based treatment.
Currently there are 145 men in total confinement at a Special Commitment Center (SCC) on
McNeil Island
In response to the federal ruling, during the 1991 state legislative session, Senate Bill 6151 was
passed and signed into law by Governor Locke Senate Bill 6151 requires that there be an
equitable distribution of Secure Community Transition Facilities (SCTF) throughout the state
and that SCTFs are considered an essential public facility, therefore no local plan or regulation
may preclude them
SCTFs are smaller housing units that provide a community-based treatment setting for sex
offenders who have progressed successfully through multiple levels of treatment over several
years The SCTF Will be the next step in treatment for those who convince a court they have
completed the treatment regimen and can be conditionally released from total confinement to
the highly supervised SCTF where they will continue to undergo treatment.
Counties that had three or more reSidents committed to a Special Commitment Center (SPC) for
sex offenders as of Apnl 1 2001 must plan to for at least a three-bed SCTF to be available, if
needed, for the period between May 2004 and May 2008 On Apnl1,2001 Thurston County had
8 reSidents committed to a SPC, therefore the county and the local jurisdictions 'Nithin the
county must provided for a maximum of three beds in a SCTFs
State Sltina Cnterla
The state estabilsr,ed Critena for determining 'Nhere to locate sex offender housing and
Identified secunty measures that would be employed In such hcuslng Minimum siting cntena
reqUires that SCTFs not be Iccated adjacent to Immediately across a street or parl..::ing lot from
or '/lIth the I:ne of sight of schools school bus stops preschool facilities day care facilities
publiC par~s oucl!c trails sports fields plajgrounds recreational and community centers
r.=; '1'JF ir;'~ -'iirlfj ...J:,in l DrJ-I: ~;:n, f_ i)Unnl 'r ;=1c:11:10....' 3C'-;: "'-,t-1ff ['[)ort (~(Jl,
libraries, or places of worship The siting criteria also strives to achieve an average law
enforcement response time to the facility of five minutes or less
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SCTFs with six or fewer residents must have one staff on duty for each resident during the
morning and afternoon shifts, and at least two staff on duty at night. The law requires intensive
staff training and background checks
Proposed Amendments
As required by federal and state law, the city needs to be prepared to accept and process an
application to site a SCTF within our jurisdictional boundaries
Staff is proposing the following amendments
Title 17 - Zoning
The following definitions shall be added to Chapter 17 06 Definitions
17.06.400 "Less restrictive alternative housinq". Less restrictive alternative housinq means
court ordered housinq pursuant to RCW 71.09 where civilly committed sex offenders receive
treatment related to their violent sexual tendencies in a settinq less restrictive than total
confinement. Such housinq may also be referred to as Secure Community Transitional
Facilities.
17.06.681 "Secure community transition facility" means a residential facility for persons civilly
committed and conditionally released to a less restrictive alternative pursuant to RCW 71.09 0
that has supervision and security, and either provides or ensures the provision of sex offender
treatment services. Secure community transition facilities include, but are not limited to,
facilities established pursuant to RCW 71.09 that are operated by the state and under contract
with the state.
Chapter 17.66 Special Use
The following shall be added to Section17 66020 Special Uses
F. Other Essential Public Facilities.
1. Secure Community Transition Facilities/Less restrictive alternative housinq. The
followinq requirements apply to Secure Community Transition Facilities
a. Secure Community Transition Facilities/Less restrictive alternative housinq shall
only be permitted in the Industrial District.
b. Allocation of Facilities. Throuqh 2007 Thurston County and it's iurisdictions are
required by the State to provided Secure Community Transition Facility(s) with a
maximum of three beds. The City will only except a complete application for a
Secure Community Transition Facility if the mandated three-bed facility has not
yet been provided for anywhere within Thurston County.
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Occupancy. No more than three people. other than staff, shall occupy a Secure
Community Transition Facility prior to 2008. If the state requires the county to
accommodate additional committed sex offenders thereafter, the hearinq
examiner may authorize increased occupancy, up to a maximum of six offenders.
consistent With the provisions of this chapter.
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C'.MyFiles\Comp Plan Update 2002\Sex Offender Facilities\SCTF staff report.doc
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d.
Separation from other uses. Secure Community Transition Facilities shall not be
located adiacent to, immediatelv across a street or parkinq lot from, or with the
line of siqht from the followinq risk potential activities or facilities
Schools (public and private. kinderqarten throuqh colleqe) or
potential school sites owned bv the school district or private
school,
iL Licensed pre-schools. child care homes and day care centers,
ill Sports fields, plavqrounds, parks and teen centers,
iv Places of worship,
v School bus stops, and
vi Property used for orqanizations, associations, facilities and
businesses which provide. as a substantial portion of their
activities, function or business, the provision of services to
children and/or youth.
vii Public libraries.
viii Trails used bv the qeneral public to access schools, parks or other
facilities or uses listed in 1 above.
g,. Sites proposed for a Secure community Transition Facility shall not be
located within 500 feet of a residence or a residential lot.
e. Staffinq and security measures
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The applicant shall submit, as part of the application, the staffinq and
security plan for the proposed Secure Community Transition Facilitv.
This plan shall be forwarded to the Yelm Police Department for review
and recommendation to the hearinq examiner.
2. The applicant shall submit, as part of the application, an escape search
plan and procedures for immediate public notification of escapes This
plan and notification procedure shall be forwarded the Yelm Police
Department for review and recommendation to thehearinq examiner.
~ The applicant shall install an eiqht-foot hiqh fence, in character with the
surroundinq area, between the facility and all property boundaries. The
hearinq examiner may waive or lessen this requirement if he/she
determines that, due to existinq site features or the type or character of
adioininq uses, the privacy and security of the occupants of adioininq
properties can be maintained in the absence of a fence or with a lower
fence.
4. The facilitv shall have a backup power source.
f.
Notice of application and public hearinq.
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Notice of application shall be mail out in the manner prescribed In
Chapter 15.49.130. except that the mailinq radius from the prolect site
shall be expanded to 1000 feet.
~ Notice of public heannqs shall be qiven bv the city bv first class mail to all
of the property owners of record Within 1000 feet of the proposed proiect
C "MyFiles'Comp Plan Update 2002\Sex Offender Facilities\SCTF staff report.doc
site not less than ten days prior to the date of each hearinq. Notice of the
hearinq shall be qiven by publication in the official newspaper of the city
and posted on the proposed site.
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~ G Uses which are similar or related to those uses described in subsections 17 66 020 (A-
€.E)
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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
o to receive future agendas and minutes II
ALL CITY PLANNING COMMISSION MEETINGS ARE AUDIO TAPED FOR INFORMATION ON OBTAINING
A COpy PLEASE CALL YELM COMMUNITY DEVELOPMENT DEPARTMENT AT 360-458-3835
MAILING LIST? / SPEAKER?
(Indicate which public hearin:~l by
the assigned numbers above)
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MEETING: YELM PLANNING COMMISSION
DATE: APRIL 15,2002
TIME: 400 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS
Public Hearing(s):
1.
None
NAME & ADDRESS
~LI=)J {LA)A.)IA)G HftM.
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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 COMMISSION
MONDAY, APRIL 15, 2002, 4 00 P.M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W
1. Call to Order, Roll Call, Approval of Minutes
March 18, 2002, minutes enclosed
2. Public Communications
(Not associated with measures or topics for which public hearings have been held or for
which are anticipated)
3. 2002 Comprehensive Plan Update
a. Secure Transition Community Facilities
4. 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
Next regular meeting shall be:
MONDAY, MAY 20,2002 - 4:00 P.M.
City of Yelm
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105 Ye/m Avenue West
PO Box 479
Ye/m, Washington 98597
(360) 458-3244
CANCELLATION
NOTICE
The April 1, 2002, 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 15, 2002, at 4:00 pm.
If there are any questions concerning this change, please call the Community
Development Department at (360) 458-3835
ATTEST
/ >4d/ -If"'
I. '1 ," .', ~ 'I, f'.
L.[(;4L<4 ~t /tic i( {
Agk'es Bennick
City ClerkfTreasurer
DO NOT PUBLISH BELOW THIS LINE
/,(J:!?fJ /huJr J? (.,
Posted "Ft:rescray,-Feb.rtJary-28"; 2002 ;19-
Published in the Nisqually Valley News Friday, Marcnf, 2002
Mailed to the Planning CommiSSion mailing list T4:J€.SGay, .F-esftlary-2o-:- 2002
w~ )'>"/tL-LJ,.9 ~.
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YELM PLANNING COMMISSION MINUTES
MARCH 18, 2002, 4 00 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
Tom Gorman called the meeting to order at 4 00 P m
Members present: Tom Gorman, John Thomson, Ray Kent, Don Carney, and
Roberta Longmire City Council Liaison Ron Harding
Staff: Cathie Carlson, Tami Merriman, and Jim Gibson
Members absent: E J Curry excused, Margaret Clapp, Glenn Blando and Joe
Baker
02-12
Approval of Minutes:
MOTION BY RAY KENT, SECONDED BY DON CARNEY, TO APPROVE THE
MINUTES OF FEBRUARY 19, 2002. MOTION CARRIED.
Public Communications None
2002 Comprehensive Plan Update - Rezones in Industrial Area
Ms. Carlson discussed with the Commission, a rezone of 6 properties locateq
on Crystal Springs Rd , and Edwards Street. The sites are zoned Industrial, but
are currently used as residential The City, through its Industrial Are~
Assessment study, has recommended a rezone of these properties tq
residential Ms. Carlson informed the Commission that action is not required at
this time Ms. Carlson asked the Commission if they had comments or wishe~
to provide further direction regarding this rezone, prior to the 200~
Comprehensive Plan Amendment hearing The Commission and staff
discussed the effects of the affected parcels, as well as surrounding parcelsl]
The Commission felt comfortable with the proposed rezone
2002 Comprehensive Plan Update - Critical Areas Ordinance, Frequently
Flooded Areas II
Ms. Carlson provided the Commission a draft of the Frequently Flooded Areas
portion of the Critical Areas Ordinance Update The draft provides for the us~
of the Yelm Creek Flood Hazard Management Plan goals and policies, as well
as requiring new developments to provide data on prevention of unnatudl
diversion of flood water The ordinance also updates the Tap-in restrictions[
Ms Carlson stated that Chapter 15 32 Flood Damage Prevention will b~
updated in the coming year
2002 Comprehensive Plan Update - Legislative Update
Ms. Carlson informed the Commission that the deadline for completion of the
mandatory comprehensive Plan update has been extended Ms. Carlson state&
that the City will complete the Critical Areas Ordinance, and include the rezon~
of properties on Crystal Springs and Edwards in the 2002 Comprehensive Pla~
Update !i
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Yelm Planning Commission
March 18, 2002
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Page 1
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The legislative extension allows Commission and staff time to thoroughly and
carefully review and update the other mandatory elements
02-13
MOTION BY RAY KENT, SECONDED BY JOHN THOMSON, TO ADJOURN
THE MEETING. MOTION CARRIED.
Meeting adjourned at 4 55 P m
Respectfully submitted,
Tom Gorman, Chair
Date
Yelm Planning Commission
March 18, 2002
R:\Community Development\Planning Commission\Minutes and Agendas\PC 2002.min\03.18.02 min.doc
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City ofYelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
Date
March 8, 2002
To
Planning Commission
From Cathie Carlson, Community Development Director
Re Rezones in the Industrial Area
Enclosures Yelm Industrial Area market & Development Assessment
Proposed Rezone Area
Yelm Zoning Map
Backqround
In 2001, the Yelm Chamber of Commerce, City of Yelm, Thurston County Economic
Development Council and the Port of Olympia entered into a contract with E D Hovee &
Company to complete a Market & Development Assessment for the Yelm Industrial Area.
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A component of that study included a land use analysis of the industrial zoned properties They
found that there is a significant amount of residential encroachment into the industrial area.
While most of the encroachment is in the more "rural" areas that are zoned industrial there are a
few sites within the city limits that are predominately residential and are surrounded by
residential uses and/or zoning
As a result there were four areas recommended for consideration of a rezone from industrial to
residential and one area recommended for consideration of a rezone from residential to
industrial The map from the industrial study depicting the subject areas can be found on Page
33, Figure 17, of the Yelm Industrial Area Market & Development Assessment that was included
in your packet.
Area B, Figure 17, is currently in unincorporated Thurston County and was rezoned last year by
both Thurston County and the City from Industrial to residential - one unit per five acres until
such time it annexes into the City when it will change to residential, six units per acre
Areas C, D & E, Figure 17, are relatively undeveloped and there is no immediate development
pressure for those area. With that, staff has elected to consider rezones in these areas at a
later date
Area A, Figure 17, is the area within the City limits that has the most residential encroachment,
is highly unlikely to redevelop as Industrial and is surrounding predominately by existing
residential uses and zoning
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Staff has had discussions with the property owners in the rezone area Four of the five property Ii
owners (Cenex owners not contacted) support the rezone The fifth property owner IS
concerned With the effect the rezone Will have on the property tax assessment for the parcel
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Two of the effected property owners have wanted to add on to their home or add additional
secondary uses (garage), but the City has not been able to issue them permits In industrial
areas residential uses are not allowed, so for those sites that already have a home on them, the
use is grandfathered in, however they cannot enlarge the non-conforming use
On the map that shows the proposed rezone area, parcels A, D and E would be rezoned from
Industrial to Residential- Moderate Density, at a minimum of three (3) units per acre and a
maximum of six (6) units per acre Parcel F, which is owned by the City and contains an
underground stormwater facility would be rezoned to Institutional District. Parcels Band Care
actually large parcels that also front on Rhoton Road Parcel B is undeveloped and Parcel C is
developed as the Centex site Staff is proposing that Yelm Creek be used as a geographic
boundary and that the portion of the parcels that are to the west of Yelm Creek be rezoned to
moderate density residential and the portion of the parcels that are east of Yelm Creek remain
zoned as industrial
Planninq Commission Action
At this time staff is asking the Planning Commission to review the proposal and give staff
direction on any changes they would like to consider prior to the public hearing for the 2002
Comprehensive Plan Amendments
C.\MyFiles\Comp Plan Update 2002\lndustrial rezone stf.doc
PROPOSED REZONE AREA
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CURRENT ZONING:
INDUSTRIAL
PROPOSED ZONING MODERA TE DENSITY RESIDENTIAL - SIX UNITS PER
ACRE
lVlap Produced By: Thurston GEODATA Center's Internet lVlap Server
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Scale Appro\: 1 Inch = 412 Feet
3/4/028.51 15 Acvl
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A CUMMINGS
8 MILLER
C CENEX
o ULLOM
E SMITH
F CITY OF YELM
City of Yelm
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105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
Date March 12, 2002
To Planning Commission
From Cathie Carlson, Community Development Director
Re Frequently Flooded Areas
Enclosures Proposed text amendments to the Critical Areas Ordinance
Chapter 15 32, Flood Damage Prevention Ordinance
Overview
The Frequently Flooded Areas of the Critical Areas Ordinance provides a stepping stone between the
goals and policies in the Environmental Chapter of the Comprehensive Plan and the development
regulations of Chapter 15 32
Proposed Amendments Section 14.08.160.A.1 & 2.
Since the adoption of the original Critical Areas Ordinance, the Federal Emergency Management
Agency (FEMA), completed a Yelm Creek Study with base flood elevations for Yelm Creek. As a
result FEMA issued a new Flood Insurance Rate Map (FIRM) for Yelm Creek.
The flood information and historical data that the City has on Thompson Creek is very limited With
that it is necessary to give direction on classifications based on the two different situations
Proposed Amendments Section 14.08.160.8.2 & 3
The additional language here helps to bridge the goals and policies of the Comprehensive Plan and
the development regulations, Chapter 15 32
Proposed Amendments Section 14.08.160.C.2.c & d.
Sub-section C, Tap-in Restrictions are requirements of the U S Department of Agriculture Rural
Develop/Tlent (RD) The language was a requirement of RD for the City to obtain a low interest loan
for a portion of the funding needed to upgrade the sewer treatment plant. Since then the FIRM was
completed by FEMA and we know what lands were affected by the language of c All lots that were
previously platted have been built on and no longer need the protection of this clause
In subsection d the lots of record referred to were those lots that experienced severe flooding in 1996
and 1997 and we're likely to be included in the updated FIRM Until the base flood elevation was
established for those lots and they were included in the FIRM, the ordinance gave the City the
authority to require any development on those lots to comply with Chapter 15 32, Flood Damage
Prevention These lots are now all built on and the tap in restrictions no longer apply
These tap-In restrictions prohibit the City from allowing new sewer connections (new development)
within the floodplain This will be a major issue of discussion when we begin to amend Chapter 15 3/2
Revisions to Chapter 15.32. Flood Damaqe Prevention I
This chapter needs extensive staff research and review and needs to occur within the context of oth.er
development regulations, such as subdivisions and the Shoreline Master Program 2002 I!
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Comprehensive Plan updates need to completed prior to amending the implementing development II'
regulations
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Frequently Flooded Areas
Critical Areas, Chapter 14 08 160 -
2002 Proposed Comprehensive Plan Amendments
14 08 160
Frequently flooded areas
A Site Analysis is required for ~my sites 'Nithin a 100 yoar flood plain for the purpose of
establishing development site elevation relative to mean sea level and the appropriate lake,
pond, stream, or river.
A. Classification.
1. Classifications of flood hazard areas shall be consistent with the 1 OO-vear floodplain
desiqnation of the Federal Emerqencv Manaqement Aqencv and the nation Flood
Insurance Proqram and the Yelm Creek Flood Hazard Manaqement Plan
2.
If an area of interest is not included in a comprehensive flood hazard manaqement
plan adopted bv the City Councilor has not had base flood elevations determined
bv FEMA is contained in any site with a development proposal. the developer shall
provide a flood hazard study prepared bv a qualified critical area professional
assessinq the extent of the 100-vear floodplain. The study shall be subiect to
approval bv the City.
B Development Guidelines
1 All developments shall complv with Section 15.32 of the Yelm Municipal Code and
the Uniform Buildinq Code for qeneral and specific flood hazard protection.
2. Development shall not reduce the base flood water storaqe ability. Base flood data
and flood hazard notes shall be shown on the face of any proposed development,
site plan or recorded plat includinq but not limited to. base flood elevations. flood
protection elevation. boundary of floodplain. and zero rise floodwav. must satisfy tfle
provisions of the National Flood Insurance Program, authorized by the National
Flood Insurance Act of 1968, as enacted by the State of Washington in Chapter
86.16 RCV".
3. Anv use or development shall maintain the pre-development movement (volume
and velocity) of surface water and prevent or minimize the unnatural diversion of
flood water to otherwise flood-free areas which could necessitate expensive and
environmentallv disruptive flood control methods.
C
Tap-in Restrictions.
1 Applicability Tap-in restrictions apply to lands mapped by FEMA (Federal
Emergency Management Act) as one-hundred-year floodplains, identified as of RD
(U S Department of Agriculture Rural Development) funding obligation date, July
30, 1997 Tap-in restrictions will be enforced to deny future sewer connections to
the system, when verification is not made by applicants, that planned improvements
to properties requesting connection to the system, will be constructed outside the
one-hundred-year floodplain
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2.
Exceptions An exclusion to these tap-in restrictions will be granted for'
a. All road and utility crossings set forth in the
i Yelm comprehensive transportation plan (August 1992),
ii Yelm Water Reuse Project (July 1995),
iii Yelm comprehensive water plan (August 1992), and
iv the private utility planning for Yelm area (for electricity, gas, telephone,
cable), as excerpted in Appendix G to the Yelm comprehensive plan
(February 1995),
b All property within the Thurston Highlands Southwest Yelm conceptual
master plan, as approved October 12, 1994, and
c. 1\11 lands identified after July 30, 1997 by FEM/\ as one hundred year
floodplains,
d. Lots of record within the city as described and depicted in Ordinance 595,
dated January 8, 1997, and
e Such other exceptions meeting the criteria identified in subsection (C) (3) of
this section
Administration
a. An applicant may request from the city an administrative waiver of the tap-in
restriction, where (i) it is necessary to meet the Yelm comprehensive plan
goals and policies, and (ii) the development will not result in risk to persons
or property during periods of flood conditions
3
b If the city recommends a waiver, such recommendation shall be submitted
to RD where the decision on the waiver shall become final
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15.28.070
E. An application for classification as historic prop-
erty eligible to special valuation shall be approved or denied
by the commission before December 31st of the calendar year
in which the application is made.
F. The commission shall notify the county assessor and
the applicant of the approval or denial of the application.
G. If the commission determines that the property quali-
fies as an eligible historic property, the commission shall
certify the fact in writing and shall file a copy of the
certificate with the county assessor within ten days of the
determination and no later than December 31st. The certificate
shall state the facts upon which the approval is based. II
H. Any decision of the commission acting as the local
review board on any application for classification as historie
property, eligible for special valuation, may be appealed II
to Superior Court under RCW Chapter 34.04.130 as amended as of
or after the effective date of the ordinance codified in thisll
chapter which appeal shall be in addition to any other remedy of
law. Any decision on the disqualification of historic property
eligible for special valuation, or any other dispute, may be
appealed to the county board of equalization. (Ord. 333 ~8,
1987) .
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Sections:
15.32.010
15.32.020
15.32.030
Chapter 15.32
FLOOD DAMAGE PREVENTION
ARTICLE I. STATUTORY AUTHORIZATION,
FINDINGS OF FACT AND OBJECTIVES
Statutory authorization.
Findings of fact.
Methods of reducing flood losses.
15.32.040 Definitions.
ARTICLE II. DEFINITIONS
15.32.050
15.32.060
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15.32.070
15.32.080
15.32.090
15.32.100
ARTICLE III. GENERAL PROVISIONS
Lands to which this chapter applies.
Basis for establishing the areas of special
flood hazard.
Penalties for noncompliance.
Abrogation and greater restrictions.
Interpretation.
Warning and disclalmer of liability.
129-26
(Yelm 8/90)
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15.32.010--15.32.020
Sections:
( Continued)
15.32.110
15.32.120
15.32.130
15.32.140
15.32.150
15.32.160
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15.32.170
15.32.180
15.32.190
15.32.200
15.32.210
15.32.220
15.32.230
15.32.240
15.32.250
15.32.260
15.32.270
15.32.275
15.32.280
15.32.290
ARTICLE IV. ADMINISTRATION
Development permit--Required.
Development permit--Application.
Planning department designated as
administrator.
Duties and responsibilities of the planning
department.
ARTICLE V. VARIANCE PROCEDURE
Appeal board.
Conditions for variances.
ARTICLE VI. PROVISIONS FOR FLOOD HAZARD
REDUCTION
General standards
Anchoring.
Construction materials and methods.
Utilities.
Subdivision proposals.
Review of building permits.
Specific standards.
Residential construction.
Nonresidential construction.
Critical facility
Manufactured homes.
Recreational vehicles.
Floodways.
Wetlands management.
ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND
OBJECTIVES
15.32.010 Statutory authorization. The Legislature
of the State of Washington has in RCW Chapter 86.16 dele-
gated the responsibility to local governmental units to
adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry. Therefore,
the city council ordains the provislons set out in this
chapter. (Ord. 353 Si1.1, 1990).
15.32.020 Findinqs of fact. A. The flood hazard
areas of Yelm are subject to periodic inundation which
results In loss of life and property, health, and safety
hazards, dlsruptlon of commerce and governmental services,
extraordinary publlc expenditures for flood protection and
relief and lmpalrment of the tax base, all of which ad-
versely affect the publlc health, safety, and general wel-
fare
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129-27
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( Ye 1m 3 / 00) I
15.32.030--15.32.040
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B. These flood losses are caused by the cumulative ef-
fect of obstructions in areas of special flood hazards which
increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are inade-
quately floodprooofed, elevated, or otherwise protected from
flood damage also contribute to the flood loss. (Ord. 353
~1.2, 1990).
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15.32.030 Methods o~ reducing flood losses. In order
to accomplish its purposes, this chapter includes methods and
provisions for:
A. Restricting or prohibiting uses which are dangerous
to health, safety, and property due to water or erosion haz-
ards, or which result in damaging increases in erosion or in
flood heights or velocities;
B. Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
C. Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which help
accommodate or channel floodwaters;
D. Controlling filling, grading, and other development
which may increase flood damage; and
E. Preventing or regulating the construction of flood
barriers which wilL unnaturally divert floodwaters or may
increase flood hazards in other areas. (Ord. 353 ~1.3, 1990).
ARTICLE II. DEFINITIONS
15.32.040 Definitions. Unless specifically defined
below, words or phrases used in this chapter shall be inter-
preted so as to give them the meaning they have in common
usage and to give this chapter its most reasonable application.
A. "Appeal" means a request for a review of the plannin~
department's interpretation of any provision of this chapter
or a request for a variance.
B. "Area of shallow flooding" means a designated AO or
AH zone on the Flood Insurance Rate Map (FIRM). The base
flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable
and indeterminate; and, velocity flow may be evident. AO is
characterized as sheet flow and AH indicates ponding.
C. "Area of special flood hazard" means the land in the
floodplain within a community subject to a one percent or
greater chance of flooding in any given year. Designation on
maps always includes the letters A or V.
D. "Base flood" means the flood having a one percent
chance of being equaled or exceeded in any given year. Also
referred to as the "one-hundred-year flood." Designation on
maps always includes letters A or V.
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129-28
( Ye 1m 8 / 9 0 )
15.32.040
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E. "Critical facility" means a facility for which even
a slight chance of flooding might be too great. Critical
facilities include but are not limited to schools, nursing
homes, hospitals, police, fire and emergency response instal-
lations, installations which produce, use, or store hazardous
materials or hazardous waste.
F. "Development" means any manmade change to improved
or unimproved real estate, including but not limited to build-
ings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations located within the
area of special flood hazard.
G. "Flood" or "flooding" means a general and temporary
condition of partial or complete inundation of normally dry
land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of
surface waters from any source.
H. "Flood Insurance Rate Map (FIRM)" means the official
map on which the Federal Insurance Administration has delin-
eated both the areas of special flood hazards and the risk
premium zones applicable to the community.
I. "Flood insurance study" means the official report
provided by the Federal Insurance Administration that includes
flood profiles, the Flood Boundary-Floodway Map, and the wate~
surface elevation more. than onefoot~
J. "Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively
increasin~ the water ~urface elevation more than one foot.
K. "Lowest floor" means the lowest floor of the lowest
enclosed area (including basement). An unfinished or flood-
resistant enclosure, usable solely for parking of vehicles,
building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requiremen~s
of this chapter found at Section 15.32.240(B). I
L. "Manufactured home" means a structure, transportable
in one or more sections, which is built on a permanent chassis
and is designed for use with or without a permanent foundatio~l
when connected to the required utili ties. For floodplain II
management purposes, the term "manufactured home" also includes
park trailers, travel trailers, and other similar vehicles
placed on a site for greater than one hundred eighty consecu-
tive days. For insurance purposes the term "manufactured
home" does not include park trailers, travel trailers, and
other similar vehicles.
M. "Manufactured home park or subdivision" means a par-
cel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
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129-29
( Ye 1m 8 / 9 0 )
I
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15.32
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"Recreational vehicle" means a vehicle which is'
1. Built on a single chassis;
2. Four hundred square feet or less when measured
at the largest horizontal projection,
3 Designed to be self-propelled or towable by a
light duty truck; and
4. Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
O. "Start of construction" includes substantial im-
provement, and means the date the building permit was is-
sued, provided the actual start of construction, repair,
reconstruction, placement or other improvement was within
one hundred eighty days of the permit date. The actual
start means either the first placement of permanent con-
struction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construc-
tion of columns, or any work beyond the stage of excava-
tion; or the placement of a manufactured home on a founda-
tion. Permanent construction does not include land prepa-
ration, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers,
or foundation or the erection of temporary forms; nor does
it include the installation on the property of accessory
build~ngs, such as garages or sheds not occupied as dwell-
ing units or not part of the main structure.
P. "Structure" means a walled and roofed building in-
cluding a gas or liquid storage tank that is principally I
above ground.
Q. "Substantial improvement" means any repair, reconr-
struction, or improvement of a structure, the cost of whidh
equals or exceeds fifty percent of the market value of thdl
structure either: I
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is beindjl
restored, before the damage occurred. For the purposes ofl
this definition, "substantial improvement" is considered tio
occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences,
whether or not that alteration affects the external dimen-
sions of the structure
The term does not, however, include either
1. Any project for improvement of a structure to
with ex~sting state or local health, sanitary, or
code specifications wh~ch are solely necessary to
safe living conditions, or
2 Any alteration of a structure listed on the
tional Reg~ster of Historic Places or a State Inventory
Histor~c Places.
comply
safety
assure
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Na-
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(Yelm
15.32.050--15 32.090
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R. "Variance" means a grant of relief from the re-
quirements of this chapter which permits construction in a
manner that would otherwise be prohibited by this chapter.
S. "Water dependent" means a structure for a commerce
or industry which cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of
its operations. (Ord. 690 ~1, 2000; Ord. 353 ~2, 1990).
ARTICLE III. GENERAL PROVISIONS
15.32.050 Lands to which this chapter applies. This
chapter shall apply to all areas of special flood hazards
within the jurisdiction of Yelm. (Ord. 353 ~3 I, 1990).
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15.32.060 Basis for establishinq the areas of specia]
flood hazard The areas of special flood hazard identifie~1
by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study for
the City of Yelm, Washington Thurston County," dated June
16,1999 as amended, with an accompanying Flood Insurance
Rate Map, as amended, are hereby adopted by reference and
declared to be a part of this chapter. The Flood Insurancer
Study is on file at Yelm City Hall, 105 Yelm Avenue West, I
Yelm, Washington The best available information for flood
hazard are identification. as outline in Section 15.32.140
(B) shall be the basis for regulation until a new FIRM is
issued which incorporates' the da.ta utilized under Section
15.32.140(B). (Ord. 673 ~1, 1999. Ord. 353 ~3.2, 1990).
15.32.070 Penalties for noncompliance. No structure
or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the
terms of this chapter and other applicable regulatlons.
Vlolation of the provisions of this chapter by failure to
comply with any of its requirements (including violations
of conditions and safeguards established ln connection witlli
conditions) shall constitute a misdemeanor Nothing herei~
contained shall prevent the ci ty from taking such other II
lawful action as is necessary to prevent or remedy any I
violation (Ord. 353 ~3.3, 1990)
15.32.080 Abroqation and qreater restrictions This
chapter is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions Howev-//
er, where this chapter and another ordinance, easement,
covenant, or deed restrlction conflict or overlap, whichev-
er imposes the more strlngent restrictions shall prevall
(Ord 353 ~3 4, 1990)
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15.32.090 Interpretation In the lnterpretation and
applicatlon of this chapter, all prOV1Slons shall be
A Consldered as mlnimum requlrements,
129-31
(Yelm 3/00)
15 32.100--15.32 120
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B.
body;
C. Deemed neither
ers granted under state
Liberally construed in favor of the governing
to limit nor repeal any other pow-
statutes. (Ord 353 ~3.5, 1990)
15.32.100 Warninq and disclaimer of liability The
degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based
on scientific and engineering considerations Larger
floods can and will occur on rare occasions. Flood heights
may be increased by manmade or natural causes This chap-
ter does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This chapter shall
not create liability on the part of the city, any officer
or employee thereof, or the Federal Insurance Administra-
tion, for any flood damages that result from reliance on
this chapter or any administrative decision lawfully made
hereunder. (Ord. 353 ~3.6, 1990).
ARTICLE IV. ADMINISTRATION
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15.32.110 Development permit--Required. A develop-
ment permit shall be obtained before construction or devel-
opment begins within, any area of special flood hazard es-
tablished_.in Section. 15.32..060 . The permit shall be for
all structures:, including manufactured homes, as defined in
Section 15.32.040, and for all development including fill
and other activities, also as defined in Section 15.32 040.
(Ord. 353 ~4.1-1, 1990).
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15.32.120 Development permit--Application. Applica-
tion for a development permit shall be made on forms fur-
nished by the planning department and may include but not
be limited to. plans in duplicate drawn to scale showing
the nature, location, dimensions, and elevations of the
area in question; existing or proposed structures, fill, I
storage of materials, drainage facilities, and the location
of the foregoing. Specifically, the following information
is required:
A Elevation in relation to mean sea level, of the
lowest floor (including basement) of all structures;
B Elevation in relation to mean sea level to which
any structure has been floodproofed,
C Certification by a registered professional engi-
neer, surveyor, or architect that the floodproofing methods
for any nonresldentlal structure meet the floodprooflng
criteria in Section 15 32 250, and
D Description of the extent to which a watercourse I'
will be altered or relocated as a result of proposed devel~i
opment (Ord 690 ~2, 2000; Ord 353 ~4 1-2, 1990).
129-32
(Yelm 3/00)
15.32.130--15.32.140
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15.32.130 Planninq department desiqnated as adminis-
trator. The planning department is appointed to administer
and implement this chapter by granting or denying develop-
ment permit applications in accordance with its provisions
(Ord 353 ~4.2, 1990).
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15.32.140 Duties and responsibilities of the planninq
department Duties of the planning department shall in-
clude, but not be limited to'
A. Permit Review.
1. Review all development permits to determine
that the permit requirements of this chapter have been sat-
isfied,
2. Review all development permits to determine
that ali necessary permits have been obtained from those
federal, state or local governmental agencies from which
prior approval is required,
3. Review all development permits to determine if
the proposed development is located in the floodway. If
located in the floodway, assure that the provisions of
Section 15.32.280 are met,
B. Use of Other Base Flood Data. When base flood
elevation data has not been provided in accordance with
Section 15.32.060, the planning department shall obtain,
review, and reasonably utilize any base flood elevation and
floodway data_ available from a federal, state or other
source, in order to administer Sections 15 32.230 through
15 32.280;
C. Information to be Obtained and Maintained
1 Where base flood elevation data is provided
through the Flood Insurance Study or required as in subsec-
tion (B) of this section, obtain and record the actual (as-
built) elevation (in relation to mean sea level) of the
lowest floor, including basement, of all new or substan-
tially improved structures, and whether or not the struc-
ture contains a basement.
2. For all new or substantially improved
floodproofed structures
a Verify and record the actual elevation (in
relation to mean sea level), and
b. Malntain the floodproofing certifications
required in Section 15 32 120(C),
3 Maintain for public inspection all records per-
taining to the provisions of this chapter;
D. Alteratlon of Watercourses
1 Notify adjacent communitles and the Washlngton
State Department of Ecology prlor to any alteratlon or
relocation of a watercourse, and submit eVldence of such
notlflcatlon to the Federal Insurance Administration,
2 Require that maintenance is provided within the:
altered or relocated portlon of said watercourse so that I
the flood carrying capacity lS not dlminlshed,
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129-33
(Yelm 3/00)
15.32 150
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E. Interpretation of FIRM Boundaries. Make interpre-
tations where needed, as to exact location of the bound-
aries of the areas of special flood hazards {for example,
where there appears to be a conflict between a mapped
boundary and actual field conditions}. The person contest-
ing the location of the boundary shall be given a reason-
able opportunity to appeal the interpretations provided in
Sections 15.32.150 and 15.32.160. {Ord. 690 s3, 2000; Ord.
353 s4.3, 1990}.
ARTICLE V. VARIANCE PROCEDURE
15.32.150 Appeal board. A. The planning commission
as established by the city shall hear and decide appeals
and requests for variances from the requirements of this
chapter.
B. The planning commission shall hear and decide ap-
peals when it is alleged there is an error in any require-
ment, decision, or determination made by the planning de-
partment in the enforcement or administration of this chap-
ter.
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129-33a
(Yelm 3/00)
15.32.160
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C. Those aggrieved by the decision of the planning com-
mission, or any taxpayer, may appeal such decision to the
city council.
D. In passing upon such applications, the city council
shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this chapter and:
1. The danger that materials may be swept onto other
lands to the injury of others;
2. The danger to life and property due to flooding
or erosion damage;
3. The susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage on
the individual owner;
4. The importance of the services provided by the
proposed facility to the community;
5. The necessity to the facility of a waterfront
location, where applicable;
6. The availability of alternative locations for the
proposed use which are not subject to flooding or erosion
damage;
7. The compatibility of the proposed use with existing
and anticipated development; II
8. The relationship of the proposed use to the compre-
hensive plan and floodplain management program for that area;
9. The safety of access to the property in times of
flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of
rise, and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site; and
11. The cost of providing governmental services during
and after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas, electri-
cal, and water systems, and streets and bridges.
E. Upon consideration of the factors of subsection (D)
of this section and the purposes of this chapter, the city
council may attach such conditions to the granting of vari-
ances as it deems necessary to further the purposes of this
chapter.
F. The planning department shall maintain the records
of all appeal actions and report any variances to the Federal
Insurance Administration upon requests. (Ord. 353 ~4.4-1,
1990).
o
15.32.160 Conditions for variances. A. Generally, the
only condition under which a variance from the elevation stan-
dard may be issued is for new construction and substantial
improvements to be erected on a lot of one-half acre or less
in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing
items listed in Section 15.32.150(D) have been fully
129-34
(Ye1m 8/90)
15.32.170
o
o
considered. As the lot size increases the technical justifi-
cation required for issuing the variance increases.
B. Variances may be issued for the reconstruction, re-
habilitation, or restoration of structures listed on the Na-
tional Register of Historic Places, the State Inventory of
Historic Places, or the Yelm Register of Historic Places with-I
out regard to the procedures set forth in this section.
C. Variances shall not be issued within a designated
floodway if any increase in flood levels during the base floOQ
discharge would result.
D. Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the
flood hazard, to afford relief.
E. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance
would result in exceptional hardsh~p to the applicant; II
3. A determination that the granting of a variance
will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisan8es,
cause fraud on or victimization of the public as identified
in Section 15.32.150(D), or conflict with existing local laws
or ordinances.
F. Variances as interpreted in the National Flood Insur-
ance Program are .based on. the general zoning law principle
that they pertain to a physical piece of property; they are
not personal in..nature and. do not pertain to the structure,
its inhabitants, economic or financial circumstances. They
primarily address small lots in densely populated residential
neighborhoods. As such, variances from the flood elevations
should be quite rare.
G. Variances may be issued for nonresidential buildings
in very limited circumstances to allow a lesser degree of
floodproofing than watertight or dry-floodproofing, where it
can be determined that such action will have low damage poten-
tial, complies with all other variance criteria except as set
out in subsection (A) of this section, and otherwise complies
with Sections 15.32.180 and 15.32.190 of Article VI.
H. Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted to
be built with a lowest floor elevation below the base flood
elevation and that the cost of flood insurance will be commen-
surate with the increased risk resulting from the reduced
lowest floor elevation. (Ord. 353 54.4-2, 1990).
ARTICLE VI. PROVISIONS FOR FLOOD HAZARD REDUCTION
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15.32.170 General standards. In all areas of special
flood hazards, the standards set out in Sections 15.32.180
through 15.32.290 are required. (Ord. 353 55.1, 1990).
129-35
(Yelm 8/90)
15.32.180--15.32.220
o
15.32.180 Anchoring. A. All new construction and sub-
stantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
B. All manufactured homes must likewise be anchored to
prevent flotation, collapse or lateral movement, and shall be
installed using methods and practices that minimize flood
damage. Anchoring methods may include, but are not limited
to, use of over-the-top or frame ties to ground anchors (refi
erence FEMA's "Manufactured Home Installation in Flood Hazard
Areas" guidebook for additional techniques). (Ord. 353 S5.1J1,
1990) .
15.32.190 Construction materials and methods. A. All
new construction and substantial improvements shall be con-
structed with materials and utility equipment resistant to
flood damage.
B. All new construction and substantial improvements
shall be constructed using methods and practices that minimize
flood damage.
c. Electrical, heating, ventilation, plumbing, and air-
conditioning equipment and other service facilities shall be
designed and/or otherwise elevated or located so as to prevent
water from entering or accumulating within the components
during conditions of flooding. (Ord. 353 S5.1-2, 1990).
o
15.32.2QO Utilities. A. All new and replacement water
supply systems shalL be designed to minimize or eliminate
infiltration of floodwater into the system.
B. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters
into the systems and discharge from the systems into flood-
waters.
C. On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during
flooding. (Ord. 353 S5.1-3, 1990).
o
15.32.210 Subdivision proposals. A. All subdivision
proposals shall be consistent with the need to minimize flood
damage.
B. All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical, and water sys-
tems located and constructed to minimize flood damage.
c. All subdivision proposals shall have adequate drain-
age provided to reduce exposure to flood damage.
D. Where base flood elevation data has not been providem
or is not available from another authoritative source, it
shall be generated for subdivision proposals and other pro-
posed developments which contain at least fifty lots or five
acres, whichever is less. (Ord. 353 S5.1-4, 1990).
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I
15.32.220 Review of building permits. Where elevation I!
data is not available either through the Flood Insurance Studf
129-36
(Yelm 8/90)
15.32.230--15.32.240
o
or from another authoritative source (subsection (B) of
Section 15.32.140), applicat10ns for bU1lding perm1ts shall
be reviewed to assure that proposed construction w1II be
reasonably safe from flood1ng. The test of reasonableness
1S a local judgment and 1ncludes use of historlcal data,
hlgh water marks, photographs of past flooding, etc., where
avallable. Failure to elevate at least two feet above
grade in these zones may result ln hlgher insurance rates.
(Ord. 353 &5.1-5, 1990).
15.32.230 Speclf1c standards. In all areas of spe-
clal flood hazards where base flood elevation data has been :
provlded as set forth ln Sectlon 15.32.060, or subsectlon
(B) of Sectlon 15.32.140, the provislons set out 1n Sec-
tlons 15.32.240 through 15.32.290 are required. (Ord. 353
&5.2, 1990).
o
15.32.240 Resident1al construct1on. A. New con-
struct10n and substant1al 1mprovement of any resldentlal
structure shall have the lowest floor, lncludlng basement,
elevated one foot or more above base flood elevatlon.
B. Fully enclosed areas below the lowest floor that
are subJect to floodlng are prohlblted, or shall be de-
slgned to automat1cally equallze hydrostatlc flood forces
on exterior walls by allowlng for the entry and eX1t of
floodwaters. Des1gns for mee.t1ng .this requlrement must
either be certlfled by a reg1stered professlonal eng1neer
or architect or must meet or exceed the followlng mlnlmUffi
criter1a:
1. A mln1mum of two openlngs havlng a total net
area of not less than one square inch for every square foot
of enclosed area subJect to floodlng shall be prov1ded.
2. The bottom of all openings shall be no h1gher
than one foot above grade.
3. Openlngs may be equ1pped w1th screens, louvers,
or other cover1ngs or dev1ces provlded that they permlt the
automatic entry and eX1t of floodwaters.
C. Tap-1n Restr1ctlons
1. Appl1cabil1ty. Tap-1n restr1ctlons apply to
lands mapped by FEMA (Federal Emergency Management Act) as
one-hundred-year floodpla1ns, 1dent1fled as of RD (U.S.
Department of Agr1culture Rural Development) fundlng obl1-
gat10n date, July 30, 1997. Tap-1n restr1ctlons w1lI be
enforced to deny future sewer connect1ons to the system,
when ver1f1cat1on 1S not made by appllcants, that planned
1mprovements to propert1es request1ng connect1on to the
system, wlll be constructed outslde the one-hundred-year
floodplaln.
2. Exceptlons. An excluS10n to these tap-ln re-
strlctlons wlll be granted for
o
129-37
(Yelm 3/98)
15.32.250
o
a. All road and utllity crossings set forth In
the:
i. Yelm comprehenslve transportatlon plan
(August 1992),
ll. Yelm water reuse proJect (July 1995),
lll. Yelm comprehensive water plan (August
1992), and
o
lV. the prlvate utlllty plannlng for Yelm
area (for electrlcity, gas, telephone, cable), as excerpted
In Appendlx G to the Yelm Comprehenslve Plan (February
1995) ;
b. All property wlthin the Thurston Hlghlands
Southwest Yelm conceptual master plan, as approved October
12, 1994;
c. All lands ldentlfied after July 30, 1997 by
FEMA as one-hundred-year floodplalns;
d. Lots of record wlthln the Clty as descrlbed
and deplcted In Ordlnance 595, dated January 8, 1997; and
e. Such other exceptlons meeting the crlteria
identlfled In subsectlon (C) (3) of thls sectlon.
3. Adminlstratlon.
a. An appllcant may request from the Clty an
admlnlstrative walver of the tap-ln restrlctlon, where (l)
it is necessary to meet the Yelm comprehensive plan goals
and pollcies, and (il) the development will not result In
rlsk to persons. or property durlng periods of flood condi-
tlons.
b. If the Clty recommends a walver, such recom-
mendatlon shall be submltted to RD where the declsion on
the walver shall become flnal. (Ord. 603 ~2, 1997; Ord.
353 ~5.2-1, 1990).
o
15.32.250 Nonresldentlal constructlon. A. New con-
structlon and substantlal lmprovement of any commerclal,
lndustrlal or other nonresldentlal structure shall elther
have the lowest floor, lncludlng basement, elevated one
foot or more above the level of the base flood elevatlon;
or, together wlth attendant utlllty and sanltary faclIl-
tles, shall:
1. Be floodproofed so that below one foot above
the base flood level the structure lS watertlght wlth walls
substantlally impermeable to the passage of water;
2. Have structural components capable of reslstlng
hydrostatlc and hydrodynamlc loads and effects of buoyancy,
3. Be certlfled by a reglstered professlonal engl-
neer or archltect that the deslgn and methods of construc-
tlon are In accordance wlth accepted standards of practlce
for meetlng provlslons of thls sectlon based on thelr de-
velopment and/or reVlew of the structural deslgn, speclfl-
catlons and plans Such certlflcates shall be provlded to
the offlclal as set forth In Sectlon 15.32 140(C) (2)
129-38
(Yelm 3/98)
15.32.250
o
B. Nonresldentlal structures that are elevated, not
floodproofed, must meet the same standards for space below
the lowest floor as described in Section 15.32.240(B).
C. Applicants floodprooflng nonresidentlal buildings
shall be notified that flood lnsurance premiums will be
based on rates that are one foot below the floodproofed
level (e.g., a bUllding floodproofed to one foot above the
base flood level wlll be rated as at the base flood level) .
D. Tap-ln Restrictlons.
1. Applicabillty. Tap-ln restrlctlons apply to
lands mapped by FEMA (Federal Emergency Management Act) as
one-hundred-year floodplalns, identifled as of RD (U.S.
Department of Agrlculture Rural Development) fundlng obll-
gatlon date, July 30, 1997. Tap-ln restrlctlons w1II be
enforced to deny future sewer connections to the system,
when verlflcatlon 1S not made by appllcants, that planned
1mprovements to propertles requestlng connection to the
system, wlll be constructed outslde the one-hundred-year
floodplaln.
2 .
strlctlons
Exceptions. An exclus10n to these tap-in re-
will be granted for:
a. All road and util1ty crosslngs set forth In
the:
o
1. Yelm comprehenslve transportat1on plan
(August 1992),
11. Yelm water reuse project (July 1995),
111. Yelm comprehensive water plan (August
1992), and
o
iv. the prlvate utlllty planning for Yelm
area (for electrlclty, gas, telephone, cable), as excerpted
1n Append1x G to the Yelm Comprehens1ve Plan (February
1995);
b. All property wlth1n the Thurston Hlghlands
Southwest Yelm conceptual master plan, as approved October
12, 1994;
c. All lands ldentlfled after July 30, 1997 by
FEMA as one-hundred-year floodplalns;
d. Lots of record wlthin the Clty as descrlbed
and deplcted ln Ordlnance 595, dated January 8, 1997; and
e. Such other exceptlons meetlng the crlterla
ldentlfled ln subsectlon (D) (3) of thlS sectlon.
3. Admlnlstratlon.
a. An appllcant may request from the Clty an
admlnlstratlve walver of the tap-ln restrlctlon, where (1)
lt lS necessary to meet the Yelm comprehenslve plan goals
and pollcles, and (11) the development wlll not result In
rlsk to persons or property durlng perlods of flood condl-
tlons
b If the Clty recommends a walver, such recom-
mendatlon shall be submltted to RD where the declslon on
the walver shall become flnal (Ord 603 ~3, 1997; Ord
353 ~5 2-2, 1990)
129-38a
(Yelm 3/98)
~
15.32.260--15.32.270
o
15.32.260 Critical facility. Construction of new
critical facilities shall be, to the extent possible, lo-
cated outside the limits of the base floodplain. Construc-
tion of new or critical facilities shall be permissible
within the base floodplain if no feasible alternative site
is avallable. Critical facilities constructed within the
base floodplain shall have the lowest floor elevated to
three feet or more above the level of the base flood eleva-
tion at the site. Floodproofing and sealing measures must
be taken to ensure that toxic substances will not be dis-
placed by or released into floodwaters. Access routes ele~
vated to or above the level of the base floodplain shall be
provided to all critical facilities to the extent possible!
(Ord 353 ~5.2-3, 1990).
15.32.270 Manufactured homes. A. All manufactured
homes to be placed or substantially improved within Zones
A1-A30, AH and AE on the community's FIRM on sites:
1 Outside of a manufactured home park or
subdivision,
2. In a new manufactured home community or subdi-
vision,
c
3 In an expansion to an existing manufactured
home community or subdivision, or
4. In an existing manufacture home community or
subdivision "on, which a manufactured home has incurred "sub-
stantial damage:." as the result of a flood;
shall be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated one foot
above the base flood elevation and be securely anchored to
an adequately anchored foundation system to resist flota-
tion, collapse and lateral movement.
B. Manufactured homes to be placed or substantially
improved on sites in an existing manufactured home communi-II
ty or subdivision within Zones A1-A30, AH, and AE on the
community's FIRM that are not subJect to the above manufac-1
tured home provisions be elevated so that either'
1. The lowest floor of the manufactured home is
elevated one foot above the base flood elevation; or
2. The manufactured home chassis is supported by
reinforced piers or other foundation elements of at least
equivalent strength that are no less than thirty-six inches
in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation,
collapse and lateral movement At a minimum a "reinforce
pier" would have a footing adequate to support the weight
of the manufactured home under saturated soil conditions
which may occur during flood. In additlon, if stacked con-II
crete blocks are used, vertlcal steel reinforcing rods
I
should be placed in the hollows of the blocks and those :
hollows filled with concrete or high strength mortar In!
areas subject to high veloclty floodwaters and debrls im- I
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129-38b
( Ye 1m 3 / 0 0 )
15.32.275--15.32.28ID
o
pact, cast-in-place reinforced concrete piers may be appro-
priate. (Ord. 690 ~4, 2000: Ord. 377 ~1, 1990, Ord. 353
~5 2-4, 1990).
15.32.275 Recreational vehicles Recreational vehi-
cles placed on sites within Zones A1-A30, AH, and AE on the
corrununi ty' s FIRM shall either: II
1. Be on the site for fewer than fourteen consecu-11
tive days, and
2. Be fully licensed and ready for highway use, om
its wheels or jacking system, is attached to the site only
by quick disconnect type utilities and security devices,
and has no permanently attached additions; or
3. Meet the requirements of Section 15.32.270
above and the elevation and anchoring requirements for
manufactured homes. (Ord. 690 ~5, 2000).
15.32.280 Floodwavs. Located within areas of specia]
flood hazard established in Section 15 32.060 are areas II
designated as floodways. Since the floodway is an extreme-
ly hazardous area due to the velocity of floodwaters which
carry
o
o
129-38c
(Yelm 3/00)
15.32.290
c
debris, potential projectiles, and erosion potential, the
following provisions apply:
A. Prohibit encroachments, including fill, new construc-
tion, substantial improvements, and other development unless
certification by a registered professional engineer or archi-
tect is provided demonstrating that encroachments shall not
result in any increase in flood levels during the occurrence
of base flood discharge;
B. Construction or reconstruction of residential struc-
tures is prohibited within designated floodways, except for
(i) repairs, reconstruction, or improvements to a structure,
which do not increase the ground floor area; and (ii) repairs,
reconstruction or improvements to a structure, the cost of
which does not exceed fifty percent of the market value of
the structure either, (a) before the repair or reconstruction,
is started, or (b) if the structure has been damaged, and is I
being restored, before the damage occurred. Work done on
structures to comply with existing health, sanitary, or safetI
codes or to structures identified as historic places shall
not be included in the fifty percent determination;
C. If subsection (A) of this section is satisfied, all
new construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of Ar-
ticle VI of this chapter. (Ord. 353 ~5.3, 1990).
o
15.32.290 Wetlands manaqement. To the maximum extent
possible, in order to avoid tLe short- and long-term adverse
impacts associated with the destruction or modification of
wetlands, especially those activities which limit or disrupt
the ability of the wetland to alleviate flooding impacts, the
following process should be implemented:
A. Review proposals for development within base flood-
plains for their possible impacts on wetlands located within
the floodplain;
B. Ensure that development activities in or around wet-
lands do not negatively affect public safety, health and wel-
fare by disrupting the wetlands ability to reduce flood and
storm drainage;
C. Request technical assistance from the Department of
Ecology in identifying wetland areas. Existing wetland map
information from the National Wetlands Inventory (NWI) can be
used in conJunction with the community's FIRM to prepare an
overlay zone indicating critical wetland areas deserving spe-
cial attention. (Ord. 353 ~5.4, 1990).
c
129-39
(Ye1m 8/90)
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 COMMISSION
MONDAY, MARCH 18,2002,.4:00 P.M.
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W
1. Call to Order, Roll Call, Approval of Minutes
February 19, 2002, minutes enclosed
2. Public Communications
(Not associated with measures or topics for which public hearings have been held or for
which are anticipated)
3 2002 Comprehensive Plan Update
a. Rezone - Edwards Street and Crystal Springs Road
b Critical Area Ordinance - Flood Hazard Areas
c. Legislative Update
4. 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
Next regular meeting shall be:
MONDAY, APRIL 15, 2002 - 4:00 P.M.
~
c.
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City ofYelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
CANCELLATION
NOTICE
The March 4, 2002, 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
MONDAY, MARCH 18,2002, at 4:00 pm.
C If there are any questions concerning this change, please call the Community
Development Department at (360) 458-3835
ATTEST
,/, ~
l l
'/' , . . \ .,'"..'
Lf/;I /1, ( .. ~t /U1.t{ C
lr. 'L cP
Agn Bennick
City Clerk/Treasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Tuesday, February 26, 2002
Published in the Nisqually Valley News Friday, March 1, 2002
Mailed to the Planning Commission mailing list Tuesday, February 26, 2002
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YELM PLANNING COMMISSION MINUTES
FEBRUARY 19, 2002, 4 00 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
Tom Gorman called the meeting to order at 400 P m
Members present: Tom Gorman, John Thomson, Ray Kent, Don Carney, Joe
Baker, and Glenn Blando City Council Liaison Ron Harding was excused
Staff: Cathie Carlson, Tami Merriman, and Jim Gibson
Members absent: Roberta Longmire, E J Curry, and Margaret Clapp
Guests: City Council Member Don Miller
02-07
Approval of Minutes:
MOTION BY JOHN THOMSON, SECONDED BY RAY KENT, TO APPROVE
THE MINUTES OF FEBRUARY 4,2002 MOTION CARRIED.
Public Communications None
Action Item: Crystal Creek Estates Final Plat. SUB-01-8294-YL.
Applicant: Richard E. Boness, and Annette Durkin
Location: Crystal Springs Road
At the previous request of the Commission, Ms. Carlson informed the
Commission that she spoke with Fred Knostman at Thurston County It was
determined that what Mr Knostman told Mr Boness regarding setbacks was
correct. The issue is that Yelm Creek is a Shoreline of the State, and all land
within 200 feet of the Ordinary High Water Mark falls into Shoreline Jurisdiction.
Staff gave Mr Boness the option of developing the land under shoreline
jurisdiction rules, which would allow Mr Boness one lot in the 200 foot buffer,
.but requiring open space in a different area. To amend the plat, it would take
approximately 2-3 months Mr Boness opted to stay with the original plat, and
directed staff to continue forward with the final plat process
02-08
MOTION BY RAY KENT, SECONDED BY JOHN THOMSON TO FORWARD
"
FINAL PLAT APPLICATION SUB-01-8249-YL TO CITY COUNCIL, WlliH
RECOMMENDATION TO APPROVE. MOTION CARRIED.
PUBLIC HEARING: Thurston County Medic One CUP-01-8301-yl.
Applicant: Thurston County Medic One
Location: 411 West Road, Yelm, WA 98597
Mr. Gorman opened the Public Hearing at 4 07 pm Mr. Gorman asked if any
Commission member had a conflict of interest. There was none Ii
Mr Gorman asked if any member of the audience objected to any Commissio~
member participating in this hearing There was none I'
Yelm Planning Commission
February 19. 2002
C.\Community Development\Planning Commission\Minutes and Agendas\PC 2002.min\02.19.02 min.doc Page 1
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Mr. Gorman asked if any member had received information on this item prior t(i)
the hearing None had I
Mr. Gorman asked Ms. Merriman to provide a staff report
Ms. Merriman gave a brief overview of the staff report. Ms. Merriman stateQ
that the property under review had received a temporary relief from the zoninfu
code, after a public hearing in August 2001 The relief was for six months, wit~
the condition that Medic One either find a different site, or apply for a speci~1
use permit for the site The site is also part of a Planned Development District,
with the condition that when the cinema adds additional screens, the building~
on site will be demolished, and the property converted to additional parking II
Ms. Merriman highlighted issues that were brought forth in the August 200r
public hearing Mainly the issue of noise from the vehicles and sirens, and
safety Ms Merriman stated that it is the policy of Medic One not to use light~
and sirens in residential areas, and that the average number of emergency call~
is 2 times per day Ms. Merriman stated that neither the City, nor Medic On~
has received any complaints from neighboring residents regarding these issuesl
Mr. Merriman summarized that as proposed, the project meets the Cityl
minimum requirements and standards
Mr. Gorman asked if there were any public comment.
Mr Ken Garmann, 308 Van Trump, Yelm, WA
Mr. Garmann stated that he was pleased to say that Medic One has bee~
extremely good neighbors, and there has been no problems having th~
emergency service in his neighborhood Mr. Garmann stated that there is &
problem with overflow parking for the cinema complex, having vehicles parke&
on West Road Mr Garmann thought that there was no on-street parking
allowed on West Road, and when vehicles park there, it becomes a safety
hazard II
Mr. Garmann also stated that it was his understanding that when a building
converts to any use other than residential, that the step sewer tank needs
changed to the L&I standard of "Class 1, Division 1 " I
Mr. Gorman asked the Commission if they had any further questions or
comments
Mr. Kent asked staff if they were aware of the L&I standard regarding the ste~
sewer tank.
Ms. Merriman stated that she would research that requirement.
Mr Gorman closed the public hearing at 4.28 PM
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Miller stated that h~
I
Councilman Don Miller addressed the commission
Mr.
Yelm Planning Commission
February 19, 2002
C.\Community Development\Planning Commission\Minutes and Agendas\PC 2002.min\02.19.02 min.doc
Page 2
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would not be attending the City Council meeting where this case would be
heard Mr. Miller stated that he spoke with one of the property owners of th~
Yelm Cinema Complex. They are aware of the parking issues, and are workinfu
on a resolve Mr. Miller also stated that he lives in the area, and would like tfu
state that Medic One had indeed been a good neighbor
02-09
MOTION BY RAY KENT, SECONDED BY GLENN BLANDO TO FORWAR~
CUP-01-8301-YL TO CITY COUNCIL WITH RECOMMENDATION T(1)
APPROVE. MOTION CARRIED.
PUBLIC HEARING: Amendment to Yelm Municipal Code - HearinQ
Examiner
Applicant: City of Yelm
Location: City Wide
Mr. Gorman opened the Public Hearing at 430 pm Mr. Gorman asked if any
Commission member had a conflict of interest. There was none II
Mr. Gorman asked if any member of the audience objected to any commissiolill
member participating in this hearing There was none I
Mr. Gorman asked if any member had received information on this item prior te
the hearing None had
Mr. Gorman asked Ms. Carlson to provide a staff report.
Ms Carlson discussed changes made to the ordinance, based on City Council
suggestions The main change to the ordinance is the qualificatio~
requirements of the Hearing Examiner, and Appointment and Terms Alsb
included with this ordinance are the additional ordinances throughout th~
Municipal Code that will be updated as a result of this ordinance
Mr Gorman asked if there were any public comment. There was none
Mr Gorman asked the Commission if they had any further questions or
comments There was none
Mr. Gorman closed the public hearing at 4 38 PM
02-10
MOTION BY RAY KENT, SECONDED BY JOHN THOMSON TO FORWARIJ)
THE HEARING EXAMINER ORDINANCE TO CITY COUNCIL WITtii
RECOMMENDATION TO APPROVE. MOTION CARRIED.
2002 Comprehensive Plan Update - Environmental Chapter
The Planning Commission and staff reviewed the draft environmental chapter
page by page, with changes suggested throughout. The environmental chapt~r
addresses more completely our critical areas, and provides added goals anq
policies The changes are both for protection of the City's environmentally
sensitive areas, as well as adding required elements mandated by the state 'I
Yelm Planning Commission
February 19, 2002
C:\Community Development\Planning Commission\Minutes and Agendas\PC 2002.min\02.19.02 min.doc
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02-11
MOTION BY RAY KENT, SECONDED BY GLENN BLANDO, TO ADJOUR~
THE MEETING. MOTION CARRIED
Meeting adjourned at 5 20 P m
Respectfully submitted,
Tom Gorman, Chair
Date
Yelm Planning Commission
February 19, 2002
C.\Community Development\Planning Commission\Minutes and Agendas\PC 2002.min\02.19.02 min.doc
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City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
Date. February 12,2002
To: Planning Commission
From: Tami Merriman, Planning Technician
Re. Thurston County Medic One Paramedic Station, CUP-01-8301-YL
LIST OF EXHIBITS. Exhibit I:
Exhibit II:
Exhibit III.
Exhibit IV:
Site Plan
Determination of Non-Significance
Public Hearing Notice
Minutes from August 20, 2001 Public Hearing
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 operate a Thurston County Medic One
Paramedic Station located at 411 West Road In September 2001, Thurston County Medic One
received temporary relief from Title 17, Zoning, to locate their paramedic station at this site The
temporary relief was valid for 6-months, in which time the applicant must either apply for a
Special Use Permit to remain at this location, or relocate to a different location The applicant
has applied for a Special Use Permit to remain at this location until a different location can be
found The applicants' intent is that this location will be temporary, with a length in time
undetermined
Included in the analysis of this proposal, City staff reviewed the public testimony received at the
previous hearing, and addresses concerns brought forward
The proposal site is part of a Planned Development DistriCt. A condition of approval from the
planned development is that when the Yelm Cinema adds additional screens to the theater, this
site will be converted into parking The applicant is aware of this condition This condition must
be kept In mind when analyzing this proposal In the future, this building will be demolished,
and the site converted to additional parking for the Yelm Cinema Complex.
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The Medic One Paramedic Station is a mobile based, emergency response unit. The medical
equipment and supplies are kept in the vehicle unit, and medical assistance required from the
public would be from an emergency call, or if needed at that site, in either the citizens vehicle, or
the Medic One mobile unit. The building does not have an exam room The building is intended
as office and sleeping quarters only, for Medic One personnel
C. DEPARTMENT ANALYSIS AND FINDINGS:
Proponent. Thurston County Medic One
Location 411 West Road Tax Parcel # 64303700205
Public Notice Notice of the Public Hearing was published in the Nisqually Valley News on
February 8, 2002, and posted in public areas on February 6, 2002 The notice was mailed
to adjacent property owners, and the applicant on February 6, 2002.
1 Existino Land Use and ZoninQ
FindinQ.
The site is zoned Commercial (C-1), Chapter 17.26, and contains one existing building,
with an attached garage In the C-1 zone, Special Uses are allowed as provided for in
Chapter 17 66.
Conclusion.
A public safety and emergency response facility is classified as a special use and is
allowed, provided any unique impacts resulting from the proposal can be mitigated
2. Lot Size and Setbacks.
Findino.
The current building has been in place for many years The footprint is not proposed to
be changed or expanded The current lot size and setbacks meet the minimum
requirements of the C-1 zone
Conclusion.
There are no proposed changes or additions to the building or site The site meets
current minimum setbacks, and lot size requirements
3 Adiacent Land Uses and ZoninQ.
Findino,
All properties adjacent to the project are zoned Commercial, C-1 Directly behind and to
the east of the site is the Prairie Park Cinema complex. The properties to the west and
north are zoned commercial, and are currently developed as single family residential
Findino. The proposed use is not retail, or commercial use that would result in increased
pedestrian or vehicular traffic to the site The building will be used as office and sleeping
quarters for emergency personnel, with 2 employees on site for a 24 hour shift.
Conclusion.
The applicant intends to leave the site in its current condition, with the appearance of a
residential home The proposed use will not significantly change the character of the
site, or its surroundings
FindinQ, At the previous public hearing, neighboring residents voiced concern about
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noise and lights from the emergency vehicles Medic One has a countywide policy, that
they do not use sirens in residential neighborhoods, regardless of time of day or night.
They also do not use their emergency lights in residential areas, unless there is heavy
traffic
Findinq. Medic One's policy is not to speed through residential neighborhoods The
Medic unit obeys the speed limit whenever possible, to avoid accidents en-route to their
emergency calls
Conclusion. Neither the City, or Medic One have received complaints from neighboring
residents about safety, noise, or lights since the Medic One unit has been located at this
site
4 Transportation and Site Access.
Findinq.
The building fronts on West Road The front of the site has a circular, paved drive, as
well as a sidewalk. West Road is classified as a Commercial Collector Street.
Conclusion. The road frontage along West Road is already improved, and does not
require any upgrades or improvements
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Findinq.
The applicant has provided a summary of the number of calls for the year 2000 The
average number of trips the emergency vehicle makes is approximately 2.5 trips a day
Findinq. The number of trips generated from these vehicles does not exceed previous
trips generated by the site as a residential use
Conclusion. The proposal will not create new trips into the City's transportation system
A Transportation Facility Charge is not required
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Parkinq.
Findinq. Chapter 1772, Off-Street Parking and Loading, does not specifically state
parking requirements for emergency services facilities In analyzing the parking needs
of the existing paramedic unit, the City finds that the unit will require parking spaces for
at least 2 paramedic vehicle units, parking spaces for employees on shift, parking for
visitors, and handicap parking
Findinq. The medical services provided by Medic One, are provided from the paramedic
vehicle unit. Supplies and equipment are stored on the unit. The building does not
provide for any type of treatment room, and visitors to the site in need of medical
attention will be treated at the paramedic unit, or in their own vehicle
Findinq. The site provides approximately nine off-street parking spaces. The station will
have 2 employees on site for 24 hour shifts, and 2 paramedic vehicle units There is
handicap access available to the building
Conclusion. Off-street parking provided on site is adequate, no additional parking will be
required
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6 Wastewater
Findinq. The site is currently connected to the City Sewer System
Findinq. The proposed use will have 2 employees on site during a 24-hour period The
proposed use is for office and sleeping quarters for Medic One employees
Conclusion. The proposed use would not create an increase in sewer use No
additional sewer connections are required.
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7 Water Supplv
Findino. The site is currently connected to the City Water System
Findino. The proposed use will have 2 employees on site during a 24-hour period The
proposed use does not indicate that there would be an increase in the use of water
Conclusion. The proposed use will not create an increase in water use No additional
water connections are required
8 Drainaqe/Stormwater
Findino. Impervious surfaces create a need for stormwater management. The
Department of Ecology requires that any impervious surfaces totaling over 5,000 sq ft.
require stormwater treatment.
Findino. The applicant is not proposing any additions or changes to the existing site or
buildings
Conclusion. The proposed use will not create any additional stormwater runoff No
additional stormwater management is required
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9 Biohazardous Waste.
Findino. Emergency services providers come into contact with biohazardous waste
when treating injured victims, and dispensing medications Proper handling of these
items is of utmost importance to the service providers, citizens, and the environment.
Findino. Medic One currently has a program for disposal of any biohazardous waste
All used emergency medical items such as, but not limited to, gloves, needles, and
scalpels, are disposed of in approved containers on the emergency vehicles while at the
site of the emergency call, and further disposed of in approved containers at the
proposed site The biohazard containers are then picked up on a weekly basis, by a
company that specializes in disposal of such waste
Findino. Any medications that are dispensed at the site of an emergency call stay with
the victim when delivered to the hospital Medications kept on the emergency vehicles,
stay on the vehicle until expiration When the medications expire, they are returned to
Medic One's main office, to be exchanged
Conclusion. Medic One provides for the appropriate and safe disposal of biohazardous
materials No additional requirements are needed
10 Fire Protection and Police Protection
Findinq. Fire protection is provided by the Thurston County Fire District #2, and Police
protection is provided by the City of Yelm
Findino. The proposal is not adding new development to the City The employees were
in existence, at a different site, prior to this proposal, and the building has been in
existence for many years.
Conclusion. The proposal does not create an increased need for fire or pOlice
protection
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11 Street Liohtino.
Findino The site is in an established neighborhood No additional buildings,
construction, or further development is being proposed
Conclusion. No additional street lighting is required
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12. Landscapinq.
Findinq. 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
Findinq. The existing building has mature landscaping There is dense landscaping in
the rear of the site, separating the Cinema and related parking
Findinq. The proposed use is not a retail or commercial use that will be creating
additional traffic to the site
Findinq. The existing buildings and landscaping on this site will be demolished in the
future, under the conditions of the Planned Development District.
Conclusion. Based on the above findings, no additional landscaping is required
13 Environmental Review:
Findinq. After review of the environmental checklist and supporting documents
submitted by Thurston County Medic One, a Determination of NonSignificance (DNS)
was issued on January 14, 2002. The comment period expired on January 29, 2002.
Conclusion. No public comment was received
Findinqs and Conclusion. Based on the project as proposed by the applicant, and the
analysis described above, staff finds that the project:
Adequately provides for the public health, safety and general welfare, and for drainage
ways, streets, potable water supplies, sanitary wastes, and
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, staff finds that project, as proposed, meets
the City's minimum requirements and standards Staff recommends that the Planning
Commission forward CUP-01-8301-YL, as proposed to the City Council for approval
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CITY OF YELM
EXHIBIT II
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DETERMINATION OF NONSIGNIFICANCE
CUP-01-8301-YL I
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SEPA NO. 8301
DETERMINATION OF NONSIGNIFICANCE
Proponent:
Thurston County, Medic One
Description of Proposal:
Request for a Conditional Use Permit, to allow the temporary use of an
existing structure, and property for the operation of a paramedic unit station
by Thurston County Medic One. No modifications are proposed to the
existing building, or site. This request for use is temporary, until a
permanent site can be determined.
Location of the Proposal:
411West Road, Yelm, WA 98597
Section(f ownsh i p/Range.
SE v., Section 19, Township 17N, Range 2E, W.M.
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 Required
Lead agency.
Responsible Official.
City of Yelm
Shelly Badger, City Administrator
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Date of Issue:
Comment Deadline:
January 14, 2002
5:00 p.m., January 29, 2002
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Shelly Badger, City Administrator
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This Determination of NonSignificance (DNS) is issued pursuant to Washington Administrative Code 197-11-340(2)
Comments must be submitted to Tami Merriman, Community Development Department, at City of Yelm, 105 Yelm
Ave. W., POBox 479, Yelm, WA 98597, by 5.00 p.m , January 29,2002.
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., February 5, 2002. 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 January 18 2002
Posted in public areas Monday January 14,2002
Copies to All agencies/citizens on SEPA mailing list and adjacent property owners Monday January 14 2002
Dept. of Ecology w/checklist. January 14 2002.
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CITY OF YELM
EXHIBIT III
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PUBLIC HEARING NOTICE
CUP-01-83011-YL
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PUBLIC HEARING NOTICE
NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
Tuesday, February 19,2002,4.00 p.m.
Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
Public Hearing to receive comments regarding the use of a commercial
building as a Thurston County Medic One Station. Case #CUP-01-8301-YL
APPLICANT Thurston County Medic One
PROJECT LOCATION 411 West Road, Yelm, WA
DATE.
PLACE.
PURPOSE.
The Yelm Planning Commission will hold a public hearing to receive comments on a
Special Use Permit application to allow the use of a commercial building as a Thurston
County Medic One Station. 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 February 27, 2002, 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 February 19, 2002. Such
written comments may be submitted to the City of Yelm at the address shown
above, or mailed to the City of Yelm Community Development Department,
PO Box 479, Yelm WA 98597
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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 Tami Merriman at (360) 458-3835.
The City of Yelm provides reasonable accommodations to persons with disabilities
If you need special accommodations to attend or participate in this hearing, 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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Agnes Bennick, City Clerk
00 NO I r-UBLlSH BELOW I HIS L1~~E
Pu:\is;--sc r. ~re i'~isqu21[y './allsl Ne'Ns February 31 2002
:'/12 lee: tJ ~cJace::t ?"8~erty O'NGSrs and Posted in Public Places Fetruarj 6 2G02
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Exhibit III, Page 1
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Date: February 12, 200~
CITY OF YELM
EXHIBIT IV
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Motion No.
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AUGUST 20, 2001 PLANNING COMMISSION MIN~TES
CUP-01-8301-YL
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YELM PLANNING COMMISSION MINUTES
AUGUST 20, 2001, 4'00 p.m.
YELM CITY HALL COUNCIL CHAMBERS
The meeting was called to order at 4'00 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
(oaaes 1-7 of the oriainal minutes have been omitted)
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.
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
()
Yelm Planning Commrssi9n
August 20. 2001
R:',Community OeveJopment\Planning Commission\Minules and Agendas\Pc 2001.min\medic one excerpt. doc
Page 1
Exhibit IV, Page 1
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Date: February 12, 200~
CITY OF YElM
EXHIBIT IV
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AUGUST 20, 2001 PLANNING COMMISSION MINjUTES
CUP-01-8301-YL
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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.
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
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. Badqer 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. Badqer 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?
Ms. Badqer responded that the City has nothing to do with the contract between
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Yelm Planning Commission
August 20, 2001
A:\Community Development\Planning Commission\Minules and Agendas\Pc 2001.min\medic one excerpLdoc
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Exhibit IV, Page 2
Page 2
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Date: February 12, 2002 !
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CITY OF YELM
EXHIBIT IV
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AUGUST 20, 2001 PLANNING COMMISSION MIN~TES
CUP-01-8301-YL
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
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
Mr. Gorman asked Mr. Mever 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. Mever 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
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Yelm Planning Commission
August 20. 2001
A:\Community Development\Planning Commission\Minutes and Agendas\Pc 200 1.min\medic one excerpLdoc
Page 3
Exhibit IV, Page 3
Date: February 12, 2002
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CITY OF YELM
EXHIBIT IV
AUGUST 20, 2001 PLANNING COMMISSION MINUTES
CUP..01-8301- Yl
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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.
01-28 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
01-29 MOTION MADE AND SECONDED TO ADJOURN THE MEETING. MOTION
CARRIED
Meeting adjourned at 6:20 p.m.
Respectfully submitted,
()
Tami Merriman, Planning Technician
Tom Gorman, Chair
Date
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Yelm Planning Commission
August 20, 2001
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Exhibit IV, Page 4
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Date: February 12, 200~
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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.
To'
From
Re
February 12, 2002
Planning Commission
Cathie Carlson, Community Development Director
Chapter 2.26, Hearing Examiner and related code amendments
LIST OF EXHIBITS. Exhibit I - Chapter 2.26, Hearing Examiner
Exhibit II - Hearing Examiner text amendments to other relevant
codes
Exhibit III - Public Hearing Notice
Exhibit IV - RCW 35A.63.170
Exhibit V - RCW 58.17.330
A. PUBLIC HEARING OBJECTIVE:
The Planning Commission must determine if the Chapter 2 26 and the proposed amendments
to other relevant codes are consistent with RCW 35A.63 170 and 58 17 330 and the Municipal
Code(s) After consideration of the facts and public testimony the Planning Commission must
take one of the following actions request additional information from the staff, continue the
public hearing or make a recommendation of action to the City Council
B. PROPOSAL:
The creation of a hearing examiner system to perform quasi-judicial reviews and decisions of
land use applications and other matters as assigned by the City Council Chapter 2 26 provides
for the creation of the hearing examiner position, establishes qualifications for the position,
defines the duties of the position, and provides for review and/or appeal of the examiner's
decision
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, February 8, 2002, and posted in public areas on Friday, April 8,
2002.
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Chapter 2.26 and associated amendments. The City's planning authority is
derived primarily from RCW 36 70, Planning Enabling Act, RCW 36 70A, Growth
Management - Planning by Selected Counties an<;J Cities, RCW 35A.63 Optional
Municipal Code and RCW 58 17, Subdivisions and Plats
These RCW's provide the framework for how a City functions in both
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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 Commission 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
The hearing examiner system is authorized by RCW 35A.63 170 and 58 17 330
and provides the framework in which a system can operate As proposed
Chapter 2 26 complies with the minimum requirements of the applicable RCW's
C. Staff Recommendation
Staff recommends that the Planning Commission forward Chapter 2 26 and the applicable
amendments to the City Council for approval
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CHAPTER 2.26 HEARING EXAMINER
EXHIBIT I
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Sections.
2.26010
2 26 020
2.26030
2.26 040
2.26 050
2.26 060
2.26 070
2.26 080
2 26 090
2.26 100
2.26 110
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
Hearing Examiner's Decision and Recommendation - Findings Required
Reconsideration
Appeal of Hearing 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, and
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 hearing examiner pro-tem
2.26.030 Appointment and Term.
The hearing examiner and examiner pro-tem shall be appointed by the mayor and confirmed by
the city council
2.26.040 Qualifications.
The hearing examiner shall be appointed solely with regard to qualifications for the duties of
such office which shall include, but not be limited to, persons with appropriate educational
experience, such as an urban planner or public administrator, with at least five (5) years
experience, persons who have extensive experience in planning work in a responsible capacity,
and persons with legal experience, particularly where the experience is in the area of land use
management of administrative law The hearing examiner shall hold no other elective or
appointive office or position in the City of Yelm
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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 hearing examiner
2.26.060 Conflict of Interest and Freedom From Improper Influence.
The hearing examiner shall not conduct or participate in any hearing or decision in which the
hearing examiner has a direct or indirect personal or financial interest which might exert such
influence upon the hearing 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.
Participants in the land use regulatory process have the right, insofar as possible, to have the
hearing examiner free from personal interest or pre-hearing contacts on land use regulatory
matters considered by him or her 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 hearing 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 hearing examiner
No council member, city official, or any other person shall attempt to interfere with, or improperly
influence the hearing examiner in the performance of his designated duties This section shall
not prohibit the city attorney from rendering legal services to the hearing examiner upon
request.
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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 hearing examiner shall have the following powers and duties with respect to applications of
matters submitted before him or her
A.
Decisions of the hearing examiner The hearing 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
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Shoreline Permits
Preliminary Plats
Binding Site Plans
Plat or Binding Site Plan Amendments
Cell Towers that require a special use permit
Adult Entertainment Facilities that require a special use permit
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B Recommendations of the hearing 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 Mixed Use Planned Development
4 Final Plats
5 Local Improvement Districts
6 Vacation of Plat, Right-of-way or Easement
C The hearing 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 hearing 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 hearing 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
hearing examiner, if required, shall constitute the hearing by the city council
C At the close of the testimony, the hearing 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
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2.26.130 Hearing 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 hearing examiner shall render a written decision which shall
include at least the following
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 hearing
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
o 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 hearing examiner
within ten working days after the written decision of the hearing 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,
D 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 hearing
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 Hearing 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"
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 hearing 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 hearing 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
E The timely filing of a notice of appeal shall stay the effective date of the hearing
examiner's decision until the appeal is adjudicated by the city council 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 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
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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 hearing examiner; or
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
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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 hearing examiner,
or remand the matter for further consideration If the city council renders a decision
different from the decision of the hearing 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 hearing examiners
recommendation or decision, or any finding of conclusion herein, or may remand the
recommendation or decision to the hearing examiner for further hearing If the city council
renders a decision different from the recommendation or decision of the hearing 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 hearing examiner's decisions since the last report.
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HEARING EXAMINER
EXHIBIT II
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TEXT AMENDMENTS TO RELEVANT CODES
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17.06.688 Special uses. "Special uses" means certain uses which, because of special
requirements, unusual character, size or shape, infrequent occurrence or possible detrimental
effects on surrounding property and for other similar reasons, may be allowed in certain use
districts only by the granting of a special use permit by the city council hearinq examiner
17.62.050 Conceptual Review and Approval.
B Review Review of a conceptual master plan shall be performed initially by the pl3nning
commission hearinq examiner The planning commission hearinq examiner shall review the
application for completeness and, if it determines that the proposed master plan is consistent
with the comprehensive plan and the city's other plans and policies, recommend approval by
the planning commission hearinq examiner If the pl3nning commission hearinq examiner
determines that the proposed master plan is not so consistent, it may either remand for
modifications specifically identified or recommend denial by the city council Conceptual
approval by the city council, upon a recommendation by the planning commission hearinq
examiner, shall consist of an amendment to the comprehensive plan and an amendment to the
official zoning map Notice of hearings on conceptual approval will be provided to all property
owners within one thousand feet of the subject site and other affected governmental agencies
with jurisdiction in the site area at least ten (10) days prior to the hearing The official zoning
map amendment shall be in conformance with the comprehensive plan, and shall be limited by
the conditions in subsections D and E of this section
17 62.060 Master plan approval
B Review A complete master plan for the entire master plan area shall be submitted within
three years of conceptual approval unless an extension has been granted pursuant to Section
17 62.070 The master plan shall be reviewed by the planning commission hearinq examiner
and a recommendation submitted to the city council for final action The pl3nning commission
hearinq examiner shall not recommend approval of a master plan unless the commission
hearinq examiner has conducted a public hearing pursuant to RCW 35A.63 073 and it is
determined that said plan is consistent with the conceptual approval and complies with the
policies of the comprehensive plan, the purposes of Section 17 62 020, and the provisions of
this chapter The pl3nning commission hearinq examiner may recommend terms and conditions
of approval, and require the provision, and further public review, of additional information and
analyses in order to insure such compliance In addition, the planning commission hearinq
examiner may propose changes in the proposed master plan or the proposed zoning on the
basis of information presented in the course of master plan review, as long as the changes are
consistent with applicable city plans and policies Changes not consistent with city plans and
pOlicies may be made only if conceptual approval or other plans or policies are first amended
accordingly
C City Council Consideration The planning commission hearinq examiner recommendation
shall come to the city council for consideration in an open public meeting no sooner than ten
nor longer than twenty working days from the date a decision constituting a recommendation
was rendered The city council shall consider the matter based upon the written record before
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the planning commission hearinq examiner, the commission's hearinq examiner's decision, and
any written comments received by the city before closure of city offices on a date three days
prior to the date set for consideration by the city council, provided, that the city council may
publicly request additional specific information from the applicant, the planning commission
hearinq examiner or city or county departments, and, provided further, if the city council
determines that further testimony or argument other than such specific information requested is
necessary prior to action by such body, the matter shall either be returned to the planning
commission hearinq examiner or a public hearing shall be scheduled before the city council for
the receipt of such testimony or argument.
D City Council Action The city council may accept, modify or reject the planning
commission's hearinq examiner's decision, or any findings or conclusions therein, or may
remand the decision to the planning commission hearinq examiner for further hearing A
decision by the city council to modify, reject or remand shall be supported by findings and
conclusions A decision by the city council approving a master plan shall be accompanied by a
schedule for periodic review of the master plan by the planning commission hearinq examiner
not less than once every five years following approval until development of the master plan is
substantially complete The action of the city council in approving or rejecting a decision of the
commission hearinq examiner shall be final and conclusive unless within thirty days from the
date of such action an aggrieved party files an application for a writ of certiorari from the
Thurston County Superior Court for the purpose of review of the action taken
17.62.070 Timing of master plan submittal.
B Knowledge of expiration date and initiation of a request for extension of approval time is
the responsibility of the applicant. The city will not provide notification of expirations All
requests for an extension of time must be submitted to the planning department at least thirty
days prior to expiration of conceptual approval The planning department shall schedule the
request for extension for public hearing before the planning commission hearinq examiner upon
such notice and in accordance with the conceptual approval procedures of this chapter An
extension may be granted for up to three years at a time, if the commission hearinq examiner
finds that an extension would be in the public interest and that delay in submitting the master
plan was for good cause If an extension of time is approved, the master plan shall be subject
to all new and amended regulations, requirements, policies or standards which are adopted
after the date of conceptual approval
17.62.090 Implementation of master plan--Periodic review
A. Review Schedule The planning commission hearinq examiner shall review the status of
development pursuant to the master plan in accordance with a review schedule adopted as a
condition of the master plan Review shall occur not less than once every five years until
development of the master plan is substantially complete
B Result of Review If the planning commission hearinq examiner finds that substantial
completion of development projected for a given review phase has been accomplished, and
that development has met and is projected to meet the terms and intent of the master plan and
other applicable plans and policies, the planning commission hearina examiner may authorize
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the subsequent phase If the planning commission hearinq examiner finds that these criteria
have not been met, the planning commission hearinq examiner may extend the period for
completion of that phase or terminate master plan approval for subsequent phases In
determining whether to extend or terminate, the planning commission hearinq examiner shall
consider the reasons completion has not occurred and whether the public interest would be
best served by extension or termination
17.62.100 Administration and enforcement.
E Amendments to Master Plan The planning commission hearinq examiner may make
amendments to the master plan or the zoning as long as the changes are consistent with other
applicable city plans and policies Such changes shall be considered pursuant to the
procedures for master plan approval as contained in this ordinance, except that the planning
commission's hearinq examiner's decision shall be final unless appealed to the city council
Section 17.64 010.G
G 1 Distance waiver required An7y party proposing to locate an adult facility within less than
the required distances from uses or zones as specified in this ordinance may do so only after
obtaining a waiver therefore from the city council hearinq examiner through a special use permit
process
G 3 Criteria for decision The final decision on the request for waiver of distance shall be
made by the city council hearinq examiner based on consideration of the following
Sections'
17 66 100 Action by city council hearinq examiner
17 66 110 Action by city council hearinq examiner--Appeal
17 66.060 When granted. A special use permit may be granted by the city council hearinq
examiner, after public hearing and review by the planning commission hearinq examiner, for
those uses requiring such permits as provided for in this title
17 66.080 Public hearing At least one public hearing on any proposed special use permit shall
be held by the planning commission hearinq examiner
17 66.100 Action by city council hearinq examiner. In reviewing a special use permit, the sHy
council hearinq examiner, upon the recommendation of the planning commission, shall impose
all requirements for such use, as prescribed in this title and other conditions and safeguards as
are necessary to secure adequate protection for the locality in which the use is to be permitted
The city council hearinq examiner shall establish a time limit within which action for which the
special use is required shall be begun or completed, or both
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17.66.110 Action by city council Appeal. The city council may accept, modify or reject the
planning commission's recommendation and any findings or conclusions therein on any special
use permit, or may remand the decision for further hearing. ^ decision by the city council to
modify, reject or remand shall be supported by findings and conclusions. The action of the city
council in approving or rejecting a recommendation of the planning commission shall bE) final
and conclusive unless within thirty days from the date of such action an aggrieved party obtains
a writ of certiorari from the Thurston County Superior Court for the purpose of reviovv of the
action taken, provided, that appeals from a decision to grant, deny or rescind a shoreline permit
shall be governed by the pro'/isions of Chapter 90.58 RCV\!.
17.66.120 Noncompliance--Penalty. If the approval authority community development director
determines that there has been continuing noncompliance with the conditions of a special use
permit previously granted by the city council hearinq examiner, such officer shall schedule a
public hearing before the city council hearinq examiner, for purpose of hearing and making
recommendation to the city council hearinq examiner, regarding the revocation, suspension or
modification of such special use permit. Refusal by the approval authority community
development director to so schedule a hearing shall be deemed to be an administrative
decision, subject to appeal by an aggrieved party pursuant to the provisions of this code
17.67.060 Approval authority
B The approval authority for freestanding WCFs in a secondary location shall be the-Gity
council hearinq examiner and shall require approval of a special use permit, in accordance with
the procedures in Chapter 17 66, YMC
17 72.020 General requirements.
D Consideration from the site plan review committee, planning commission hearinq examiner
and the city council should be given as to the requirements/standards for off-street parking as
they pertain to the central business district.
I For uses other than those specified, parking facilities shall be located not farther than
three hundred feet from the facility Consideration from the site plan review committee, planning
commission hearinq examiner and the city council should be given as to the
requirements/standards for off-street parking as they pertain to the central business district.
17.72.060 Off-street loading.
C Consideration from the site plan review committee, planning commission hearinq examiner
and city council should be given as to the requirements/standards for off-street parking and
required loading areas as they pertain to the central business district.
17.81 020 Building permits required.
C Has been approved by the city council hearinq examiner as a special use as defined in
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Chapter 17 66, or
17 96.020 Initiation of amendments, rezones and variances.
C A recommendation by the planning commission or hearinq examiner to the city council
17.96.025 Variances--front, side and rear yard setbacks. The SPRC may grant a variance of
up to fifteen percent from the front, side and rear setback requirements in all zones Any
variance from such front, side and rear setback requirements that exceeds fifteen percent shall
be considered by the pl3nning commission hearinq examiner after the planning commission
hearinq examiner has provided notice and a public hearing as if such variance were a special
use permit as provided in Chapter 17 66 This does not preclude other variances from being
considered as provided in Section 17 96 023
17.96.040 Public hearings. At least one public hearing on any such proposed amendment, or
rezone or variance shall be held by the planning commission At least one public hearing on
any such proposed variance shall be held by the planning commission hearinq examiner as
provided for in Yelm Municipal Code, Chapter 2.26. Hearinq Examiner.
17.96.060 Consideration by City Council. The planning commission's recommendation on
amendments or rezones shall be presented for City Council consideration no longer than twenty
working days from the date a decision constituting a recommendation is rendered
16.08 Definitions
"Hearinq Examiner" means the hearinq examiner of the city established pursuant to Section
2.26 of the Yelm Municipal Code.
16.04.090 Appeals. An applicant or other aggrieved party may appeal any staff or commission
hearinq examiner decision made pursuant to this title to the city council by filing a '.witten notice
of appeal with the city clerk 'Nithin ten days of notice of the decision being appealed. in
accordance with YMC. Chapter 2.26. At its discretion, tho council shall hear such appeal and
conduct an appellate review based on the record. At its sole discretion and upon finding that an
appeal is brought in good faith, the council may hear any appeal which is not timely filed or
would other\\'ise be barred for procedural reasons. (Ord. 136(part), 1992).
16.04.100 Appeal procedure. Any and all administrative appeals shall be conducted and a
decision rendered pursuant to the procedures set forth in the resolution of Yelm hearing
procedures as adopted by the city council. (Ord. 136(part), 1992).
16.12.030 Application content. All subdivision applications, including short subdivisions,
large lot subdivisions, and preliminary subdivisions shall contain the following information
Specific items may be waived by the administrator if the administrator deems such information
to be irrelevant or not applicable to a particular application If the application is subject to
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planning commission hearinq examiner and/or city council review, the commission hearinq
examiner or council may require submission of any information previously waived by the
administrator
16.12.040 Review procedure. The city planner will review the application for completeness
Within fi#eeR thirty days of submission the planner will inform the applicant in writing whether
the application is complete and, if not, setting forth any deficiencies found in the application
(Ord. 136(p3.rt), 1992).
16.12.100 Commission review and action. Upon receipt of all required administrative
approvals, the city planner shall forward any proposed preliminary or final full subdivision or
large lot subdivision of five or more lots to the planning commission hearinq examiner for
appropriate action The commission hearinq examiner shall review the proposed final full
subdivision and forward its recommendation to the city council The commission hearinq
examiner shall review the proposed preliminarv plat or large lot subdivision and render its
decision (Ord 436(part), 1992)
16.12.110 Decision-maker. The final decision with regard to each preliminary full subdivision
shall be made by the city council hearinq examiner The final decision with regard to each final
full subdivision shall be made by the city council The final decision with regard to each short
subdivision shall be made by the city planner The final decision with regard to each large lot
subdivision of five or more lots shall be made by the planning commission hearinq examiner
The final decision with regard to each large lot subdivision of four or less lots shall be made by
the city planner All final decisions not made by the city council are subject to appeal as set
forth in Chapter +&,.Q4 2.26.-(Ord 436(part), 1992)
16.12.210 Combined application option. An applicant for large-lot subdivision or short
subdivision approval may submit concurrent and combined preliminary and final subdivision
applications The fee for such a combined application will be reduced in accordance with the
city's development fee schedule No final application for full subdivision approval will be
accepted by the city prior to preliminary plat approval having been granted by the city council
hearinq examiner (Ord 436(part), 1992)
16.12.300 Commission Hearinq Examiner review. Upon receipt of all required
administrative approvals, the city planner shall forward any proposed final full plat and any large
lot subdivision of five or more lots to the planning commission hearinq examiner for appropriate
action The commission hearinq examiner shall review such full subdivision and forward its
recommendation to the city council The commission hearinq examiner shall render a decision
regarding such large lot subdivision (Ord 436(part), 1992)
16.12.310 Council review. Upon receipt of the commission's hearinq examiner's
recommendation the administrator shall present the plat to the city council Upon finding that
the final plat has been completed in accordance with the provisions of this title and that all
required improvements have been completed or that arrangements or contracts have been
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entered into to guarantee that such required improvements will be completed, and that the
interests of the city are fully protected, the city council shall approve and the mayor shall sign
the final plat and accept dedications as may be included thereon The mayor shall immediately
return the final plat to the city clerk for filing for record with the county auditor (Ord 436(part),
1992)
II VACATION OF RIGHT-OF-WAY OR SUBDIVISION
16 24 100 Generally
16 24 110 Application
16.24 120 Public hearing
16.21.130 Commission review.
16 24 140 Notice of public hearing
16.24070 Access waiver. An offer of dedication may include a waiver of right of direct
access to any street from any property, and if the dedication is accepted, any such waiver is
effective Such waiver may be required by the hearinq examiner or city council as a condition of
approval Any dedications, donation or grant as shown on the face of the plat shall be
considered, to all intents and purposes, as a quit claim deed to the grantee for the purpose
intended by the grantor (Ord 436(part) , 1992)
16.24.080 Exemption -- Conveyance to corporation. If the hearinq examiner or city council
concludes that the public interest will be served thereby, the hearinq examiner or city council, in
lieu of requiring the dedication to the public of .Iand in a subdivision for any specific purpose,
may allow the land or improvement to be conveyed to a homeowner's association or similar
nonprofit corporation (Ord 436(part), 1992)
16.24.090 Exemption -- Conditions of corporation conveyance. Prior to the time of
filing a final plat for approval, a subdivider who wishes to make a conveyance to a homeowner's
association or similar nonprofit corporation shall supply the city with copies of the grantee
organization's recorded articles of incorporation and bylaws and with evidence of a binding
commitment to convey such land or improvements The articles of incorporation shall provide
that membership in the corporation shall be appurtenant to ownership of land in the subdivision,
that the corporation is empowered to assess such land for costs owned by the corporation and
that such assessments shall be a lien upon such land The hearinq examiner or city council
may impose such other conditions as deemed appropriate to assure that property and
improvements owned by the corporation will be adequately constructed and maintained (Ord
436(part), 1992)
16.24.120 Public hearinQ. Upon receipt of the complete application, and in accordance
with statutory deadlines, an application will be scheduled for public hearing before the decision
makef hearinq examiner pursuant to Chapter 2.26 (Ord 436(part), 1992)
16.24.130 Commission reyie'J.'. Any application or petition of vacation shall be referred to
the planning commission for reviev: and comment prior to the close of the public hoaring. (Ord.
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16.32.110 Appeals. The decision of the commission hearinq examiner may be appealed to
the city council in the manner provided by Chapter 16 04 of this title (Ord 436(part), 1992)
16.32.140 Waiver of standards and provisions. When a proposed site plan would
conflict with any standard or provision of city council Resolution No 177, the commission
hearinq examiner may waive such standard or provision upon finding that its application to the
development would defeat the intent of this chapter or the intent of the Yelm Comprehensive
Plan (Ord 436(part), 1992)
Reference to Section 16.36.060, City Council Action in the beginning of said chapter shall be
deleted
16.36.020 Variance. Any subdivider may apply for a variance or modification where it appears
there exist extraordinary conditions such as topography, access, location, shape, size, drainage
or other physical features of the site or of adjacent property No variance or modification of the
standards of this title shall be granted without the written approval of the city council hearinq
examiner except as otherwise authorized by this title (Ord 436 (part) , 1992)
16.36.040 Review and decisions bv citv council hearinQ examiner. Upon receipt of a
variance application, the city clerk community development department shall set the request for
public hearing before the city council hearinq examiner and shall provide notice of such hearing
as required by law Following the public hearing the council hearinq examiner shall render a
decision within tv/enty one days pursuant to Chapter 2.26 (Ord 436(part), 1992)
16.36.060 City council action. In deciding a v3ri3nce request, the city council he3ring
examiner Sh311 m3ke 3 written record of its findings 3nd shall specifically describe the v3ri3nce
3nd 3ny conditions which it may impose. Within ten days of 3 decision being reached, the
applicant shall be informed in writing by first class m3il of the decision of the council. The city
council shalll<eep the findings on file 3S 3 m3ttor of publio record. (Ord. 136(p3rt), 1992).
15.24.200 Variances. Variances from provisions of this chapter may be granted by the
city counoil hearinq examiner on recommend3tion of the planning commission in accordance
with chapter 17 96, of this code
15.49.050 Application and Interpretation'
B Interpretation The City's permit evaluator (depending upon the permit, this can be the
building inspector, environmental review officer, planning administrator, Planning Commission
hearinq examiner, or City Council) shall review project applications as follows
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(6) The final approval authority (hearinq examiner or City Council) may at a public meeting
consider and modify the recommendation from below (Planning Commission hearinq examiner
and/or staff) without holding an additional hearing
15.49.160 Appeals of City's Land Use Decision.
010 Administrative Appeal (e g , "Closed Record Appeal Hearing") is an appeal of
staff's Final Decision and is heard by the City Council hearinq examiner (includes
Category I and II administrative permits for building, subdivision, and zoning
code decisions, and also appeals of Determinations of Completeness,
interpretation of consistency of project, and categorization of project.) A Notice
of Appeal shall be filed within 14 days of Notice of Final Decision
.015 Appeal of Hearinq Examiner Decision (e,q.. "Closed Record Appeal Hearinq") is
heard bv the City Council pursuant to Chapter 2.26.
020 Appeal of City Council's Final Decision (includes appeals of Category III and IV
decisions as 'Nell as Category I and II decisions which have been appealed to the
City Council). These appeals go to Superior Court and follow the judicial review
process set forth in RCW 36 70C
15.32.150 Appeal board. Ac The planning commission hearinq examiner
pursuant to YMC, Chapter 17.96. as established by the city shall hear and decide appeals and
requests for variances from the requirements of this chapter.
B. The planning commission shall hear and decide appeals when it is alleged there
is an error in any requirement, decision, or determination made by the planning department in
the enforcement or administration of this chapter.
C Those aggrieved by the decision of the planning commission hearinq examiner,
or any taxpayer, may appeal such decision to the city council as provided in Chapter 2.26 of the
YMC
2.36.050 Powers and Duties
F. All plats or plans of subdivisions of land within the to'.vn or proposed addition, as well as
dedications of streets and alleys, offered to the town council for acceptance, shall first e
submitted to the planning commission for its reoommendation and rep[ort, which report shall be
made to the council thirty days after submission, or at such earlier date as the council shall
flireGt.:
Section 15.72.250 Hearing In the event that a Grantee fails to provide evidence reasonably
satisfactory to the Administrator as provided hereunder, the Administrator shall make a
preliminary determination as to whether an event of default by Grantee has occurred and
initially prescribe remedies in accordance with Section 15 72 260 In the event that a Grantee
wants to appeal such determination, it shall do so to the Yelm City Council hearinq examiner as
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provided in Chapter 2.26 who shall conduct a hearing In the event a further appeal is sought
by the Grantee, it shall make such appeal to the Thurston County Superior Court, as set forth in
RC\^l 36. lOC as provided in Chapter 2.26.
14.16.140 Appeal procedure. Any person aggrieved by a decision or an action of the code
administrator in the enforcement or implementation of this chapter may within thirty d3Ys of
such decision or action, file a written appeal to the planning commission. ,^.ny decision of the
pl3nning commission may be appealed to the city council. be appealed as provided in Chapter
2.26.
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PUBLIC HEARING NOTICE
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HEARING EXAMINER
EXHIBIT III
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NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
AND
YELM CITY COUNCIL
DATE.
Tuesday, February 19, 2002, 4'00 p.m
Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
PLACE
PURPOSE Public Hearing to receive comments on a new chapter of the Yelm I:
Municipal Code (YMC), Chapter 2.26, for the purpose of initiating a Hearing
Examiner System in the review and approval of certain land use
applications. Included for consideration at the public hearing are proposed
amendments to applicable chapters of the YMC which delegate public
hearing and decisions of land use applications consistent with the
authority of the Hearing Examiner, as provided in Chapter 2.26.
APPLICANT. City ofYelm
PROJECT LOCATION' City wide
The Yelm Planning Commission will hold a public hearing to receive comments on a new
chapter of the municipal code, Chapter 2.26, Hearing Examiner and proposed amendments to
the applicable chapters of the YMC which delegate public hearing and decisions of land use
applications to the Hearing Examiner The Planning Commission will forward the proposed
amendments to the City Council for consideration and action on February 27,2002. A complete
packet of amendments and any related documents are available for public review during normal
business hours at the City of Yelm, 105 Yelm Ave W , Yelm WA. For additional information,
please contact Cathie Carlson at (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 February
19,2001 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 in this hearing, call the City Clerk, Agnes
Bennick, at (360) 458-8404, at least 4 days before the meeting
ATTEST
City of Yelm
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News Friday, February 8, 2002.
Posted in Public Areas Fnday, February 8, 2002.
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HEARING EXAMINER
EXHIBIT IV
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RCW 35A.63.1!70
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RCW35A.63.170 Hearing examiner systemnAdoption authorizednAlternativenFunctionsn
Procedures.
(1) As an alternative to those provisions of thIS chapter relating to powers or duties of the planning
commission to hear and report on any proposal to amend a zoning ordinance, the legIslative body of a city may
adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decid~
applIcations for amending the zoning ordinance when the amendment which IS applied for is not of general
applicabilIty In addItIon, the legislatIve body may vest in a hearing examiner the power to hear and decide
those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to. :
(a) Applications for conditional uses, variances, subdivisIOns, shoreline permits, or any other class o:f
applIcatIons for or pertainmg to development of land or land use,
(b) Appeals of administrative decisIOns or determmations; and
(c) Appeals of administrative decisions or determmatIOns pursuant to chapter 4_321C RCW
The legIslatIve body shall prescribe procedures to be followed by a hearing exammer If the legislativy
authority vests m a heanng examiner the authority to hear and decide variances, then the provisions of RCW
35A,6::3.1lQ shall not apply to the city :
(2) Each city legIslative body electmg to use a hearing exammer pursuant to thIS section shall by ordmanc~
specify the legal effect of the decisIOns made by the examiner The legal effect of such deCIsions may vary for
the dIfferent classes of applIcations decided by the exammer but shall include one of the following:
(a) The decision may be gIven the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative deCIsion appealable within a specified time'
lImit to the legislatIve body; or
(c) Except in the case of a rezone, the deCIsion may be given the effect of a final deCIsion of the legislatIve:
body
(3) Each final decision of a hearing examiner shall be in wnting and shall include findings and conclUSIOns,
based on the record, to support the decision. Such findings and conclusions shall also set forth the manner i~
whIch the decision would carry out and conform to the city\comprehensive plan and the city's developmen:t:
regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by
the applicant and the hearing examiner, shall be rendered wIthin ten working days following conclusion of al~,
testImony and heanngs. I
[1995 c 347 ~ 424, 1994 c 257 ~ 7, 1977 ex.s. c 213 ~
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Notes:
Finding--SeverabiIity--Part headings and table of contents not lawn1995 c 347 See notes following RCW 3_Q,70AAZQ.
Severability--1994 c 257 See note following RCW ;lJi.1QA21Q.
Severability--1977 ex.s. c 213: See note following RCW 3.2.6_3...UQ
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HEARING EXAMINER
EXHIBIT V
RCW 58.17.330
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RCW,5_8.17.33.0 Hearing examiner system--Adoption authorized--Procedures--
Decisions. ':
(1) As an alternative to those provisions of this chapter requinng a planning comnnSSIOn to hear and Issue
recommendatIOns for plat approval, the county or CIty legislatIve body may adopt a heanng examiner systehI
and shall specify by ordinance the legal effect of the decisIOns made by the examiner The legal effect of su~h
decisions shall include one of the followmg: 'I
(a) The decision may be given the effect of a recommendation to the legislative body; :.
(b) The decision may be given the effect of an administrative decisIOn appealable withIn a specIfied tinie
limIt to the legIslatIve body; or I
( c) The deCISIon may be gIven the effect of a final decision of the legislative body I
The legislative authority shall prescribe procedures to be followed by a heanng examiner ,I
(2) Each final deCIsion of a heanng examiner shall be m writing and shallmc1ude findlllgs and conc1usIo~~,
based on the record, to support the decision. Each final decision of a heanng examiner, unless a longer period,ts
mutually agreed to by the applicant and the hearing examiner, shall be rendered within ten working days
following conclusion of all testllllony and hearings.l
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[1995 c 347 S 429; 1994 c 257 S 6; 1977 ex.s. c 213 S
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Notes:
Finding..SeverabiIity..Part headings and table of contents not law--1995 c 347 See notes following RCW 36.70A.470.
SeverabiIity--1994 c 257 See note following RCW 36.70A.270.
Severability--1977 ex.s. c 213: See note following RCW 35.63.130
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DRAFT 2-4-02
XII. ENVIRONMENT
Note. ,A, list of tho goals 3.nd policios 3.pplicablo to the unincorporated portion of the
Yelm Urban Growth ^roa is locatod in Exhibit G (Note Moved to last sentence of the
introduction)
Introduction
The Environmental Chapter focuses on the City of Yelm's commitment to protect and
enhance the quality of the natural and built environments. As increased residential and
commercial development intensifies in Yelm, the protection of the natural environment
becomes more of a challenge. The intent of this chapter, and the qoals and policies it
contains, is to quide the formation of requlations and future actions that will protect and
enhance the natural environment.
Growth Manaqement Act and Countywide Planninq Policies
The Environmental Chapter is intended to meet the obiectives of the State Growth
Manaqement Act (GMA), Endanqered Species Act (SEA), State Environmental Policy
Act (SEPA), County-Wide Planning Policies and other federal and state policies and
requlations.
The GMA contains specific requirements for the desiqnation and protection of "critical
areas," defined by the GMA as wetlands, areas with recharqinq effect on aquifers used
for potable water, fish and wildlife habitat conservation areas, frequentlv flooded areas,
and qeoloqicallv hazardous areas In addition, the GMA requires the adoption of
development requlations that protect critical areas (RCW 36 70A.060) and the inclusion
of the best available science in developinq policies and development requlations to
protect the functions and values of critical areas (RCW 36 70A.172.)
Development of this chapter is based on the same premise adopted in the Thurston
County County-Wide Planninq Policies, Chapter IX, Environmental Quality These
goals and policies applicable to the unincorporated portion of the Yelm Urban Growth
Area is located in Exhibit G
A. 'Nater Qualitv:
Shorelines, Wetlands, Floodplains, and ^Quifcr Sensitive Areas
B. Fish and Wildlife Habitat
c.
GeoloQicallv Sensitive Areas
XII - 1
DRAFT 2-4-02
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Natural Environment Goals and Policies
The City of Yelm recoqnizes that the natural environment is important for the followinq
reasons.
It provides habitat for wildlife and plat life,
It creates a positive visual image and open space,
It provides opportunities for recreation,
It is part of the City's surface water manaqement system and water supply; and
It is cost effective public policy
The merits and costs of environmental actions must be weiqhed and balanced against
other important demands, such as public safety and recreation, housinq, public
infrastructure, and economic development.
Land use and development practices need to be compatible with the variety of
environmental conditions As a qeneral rule, the City should protect the natural
environment rather than try to overcome its limitations for development.
Goal
EG 1 Protect the natural environment and preserve environmentally sensitive
areas.
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EG 2 Promote quality buildinq and development that is compatible with the
surroundinq environment.
Policies
EP The City should work with adiacent iurisdictions and state, federal and
reqional aqencies to protect sensitive areas and the City's natural
environment
EP Protect and restore environmental quality throuqh land use pains, surface
water manaqement plans and proqrams, comprehensive park plans, and
development review.
EP Develop requlations and proqrams that encouraqe well-desiqned land use
patterns such as clusterinq, low impact development and planned unit
development. Use these types of land use patterns to concentrate higher
urban land use densities and intensity of uses in areas with
environmentally sensitive features.
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DRAFT 2-4-02
Water Resources
Yelm has several shorelines, and abutting floodplains in or adjacent to the urban area,
including Yelm Creek, Thompson Creek, the Centralia Power Canal and the Nisqually
River The Nisqually River is host to a number of fish species and runs which are
dependent upon the water quality of the River and its tributary and Riparian areas
Yelm also has several wetland areas (shown on the critical areas maps) which form the
headwaters of the two Creeks and which are indicative of the groundwater levels and its
proximity to the surface Additionally, Yelm has an unprotected aquifer which underlies
most of the urban area. The City's wells and many private wells use the aquifer for
water supply
The water quality in the urban area is important for both public and environmental health
reasons, and it is the policy of the City to provide methods and incentives for ongoing
protection and enhancement within the urban area.
Specific policies or programs shall be used to accomplish the necessary protection
o Aquifer Recharqe Areas (Groundwater)
The aquifer recharqe area in Yelm covers the entire City. These areas are
characterized by highly pervious glacial soils which drain rapidlv into the underlvinq
water table. These areas are classified primarilv as Category 1, extremelv sensitive
with small pockets of Category 2. highlv sensitive in the southwestern portion of the city.
Tvpicallv activities associated with land development, such as clearinq and qradinq and
stormwater management, affects the natural hvdroloqic cvcle All of these activities
decrease the land's abilitv to absorb and retain water and increases the possibilitv of
contamination
Goals
EG To protect the quality and to manaqe the quantity of groundwater for all
uses in the present and the future
EG Encourage measures that improve surface water management.
Policies
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EP Where feasible, development within the urban area should be on sewers
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with a reuse/recycling discharge to reduce the potential for contamination :1
of the aquifer and the abutting surface streams ,::
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DRAFT 2-4-02
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EP Stormwater policies should require treatment of stormwater on site using
swales, ponds, and other detention and conveyance facilities, together
with or in combination with biofiltration prior to discharge to either
groundwater or surface water to minimize or eliminate contaminants from
the stormwater
EP Implementation of the policies and programs of the sewer and water
comprehensive plans
EP The City of Yelm shall seek to prevent qroundwater contamination by
protectinq the entire resource as effectively as possible, but within the
limits of what is acceptable and affordable to the community.
EP The City of Yelm shall strive to assure that preventive actions are taken to
protect water quality from further deqradation and that the City, in
cooperation with the Department of Ecoloqy, will promote corrective
actions in areas where degradation has occurred so that the net effect is a
gradual improvement of the qround and surface water quality.
Wellhead Protection Areas
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Because the City relies on qroundwater for its drinkinq water, it must take preventative
measures to avoid contamination in areas surrounding well sites. The City of Yelm
Wellhead Protection Plan, developed by Robinson & Noble, Inc, 2001, focuses on three
primary areas.
· A hydroloqic evaluation of the aquifers used by the City,and the delineation of
wellhead protection areas (WHPAs) for each of the City's production wells,
· An inventory of potentially hazardous materials inside the delineated WHPSs,
and
· The development of manaqement, spill response, and continqency plans.
Goals
EG Implement a wellhead protection proqram to ensure a safe source of
drinkinq water and to avoid the larqe financial impact of contaminated
wells
Policies
EP The City shall utilize a wellhead protection program based upon best 0
available science.
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EP Leqislation shall be maintained. and updated as necessary, requlatinq
land uses within Wellhead protection zones 1 - 3.
EP The City of Yelm shall strive to prevent contamination of drinkinq water
supplies and to develop contingency plans to provide additional sources
should an existinq source become unusable
Wetlands and Streams
Wetlands are a valuable natural resource. They receive surface water from surrounding
areas and filter pollutants enterinq the system. By storinq floodwaters. wetlands reduce
flooding and down stream erosion. trap and absorb sediments. and help protect water
quality. Wetlands discharqe water to aquifers and streams and help replenish
qroundwater.
The City of Yelm is located within the Nisqually drainaqe basin. There are two streams
that run throuqh the city. Yelm Creek and Thompson Creek. Over the years. both Yelm
Creek and Thompson Creek have experienced ecoloqical deqradation from the loss of
shade trees. invasion of plant species like reed canary grass and niqhtshade and
repetitive dredqing.
Goal(s)
EG Achieve no net loss of wetlands and to increase the quality of Yelm's
wetland resources throuqh the application of best available science.
EG Protect. restore, and enhance the City's streams
Policies
EP Construction sites shall be required to demonstrate construction period
stormwater protection to prevent turbidity and siltation for affecting surface
waters in the area.
EP Wetlands, streams, and their associated buffers, shall not be used for
construction purposes except where necessary for stormwater control and
utility and transportation connections Where such control or connections
are permitted, regulations must identify steps to assure no degradation to
ground or surface water
EP Update and utilize Yelm's wetland protection leqislation to ensure
protection of Yelm's wetland resources throuqh use of techniques
considered to be best available science
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DRAFT 2-4-02
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EP Utilize the U.S Corps of Enqineers definition of wetlands, and also the
definition of DNR Type 2-5 waters, which cover Yelm's stream corridors.
EP Utilize the U.S. Fish and Wildlife Service definition of "wetlands" for
purposes of inventory, incentives and non-requlatory programs.
EP Wetlands, rivers, streams, ponds, and lakes should be viewed as systems
and not as isolated units.
EP The valuable natural functions of wetlands and stream corridors, such as
habitat and water quality, should be protected by maintaining an
undisturbed or restored native veqetated buffer and by prohibitinq fillinq,
draininq, and clearing within wetlands and adiacent fish bearinq streams.
Physical alterations should be minimized except where restorinq the
natural functions
EP The City may requlate private development and public actions to protect
water Quality and to ensure adequate in-stream flow to protec fisheries,
wildlife habitat, and recreation resources. 0
EP Retain existinq open surface water systems in a natural state and
rehabilitate deqraded conditions.
EP Restrict the runoff rate, volume, and quality to predevelopment levels for
all new development and redevelopment.
Shorelines
The City of Yelm adopted the Thurston County Shoreline Master Proqram to implement
the state's Shoreline Manaqement Act. While Yelm Creek is desiqnated as a shoreline
of the state, it is questionable if the creek sustains the minimum flow requirements of
more than twenty cubic feet per second, RCW 9058. Also, the Centralia Power Canal
was not identified as a shoreline of the state, but flows clearly exceed the minimum flow
requirements and should be desiqnated as a shoreline of the state
Policies
.IT The Conservancy shorelino designation, as idontified in the Shoreline
Master Program for tho Thurston Region, should be retainod along the Nisqually
River and its jurisdictional wotlands. The Shorolino Mastor Program neods te-be 0
amended to dolete Yelm Creek's mapped designation as It is not a regulated
shorelino under State guidelines. Tho Centralia Power Canal should be added
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as an urban shoreline on the south side and a rural shoreline on the north side.
EP The Conservancy shoreline designation, as identified in the Shoreline
Master Program for the Thurston Region, should be retained along the
Nisqually River and its jurisdictional wetlands
EP Yelm Creek should be monitored to determine minimum flow. Is
supported by the flow data, the Shoreline Master Program needs should te
be amended to delete Yelm Creek's mapped designation as it is not a
regulated shoreline under State guidelines
EP The Centralia Power Canal should be added as an urban shoreline on the
south side and a rural shoreline on the north side
EP The Nisqually River Management Plan identifies policies and programs for
the protection of the Nisqually Basin The Management Plan policies are
to be considered in adopting development regulations for the community
o Frequently Flooded Areas
Development in flood plains reduces the storage capacity and increases the amount of
runoff Increased runoff overtaxes both natural and man-mad conveyance systems and !
leads to damaqe of public and private property.
Over the last five years, the City of Yelm, has collected substantial information on Yelm
Creek and it's floodplain. The Federal Emerqency Manaqement Agency conducted a
Yelm Creek Study and issued a new Flood Insurance Rate Map (FIRM) in June of 1999.
A Yelm Creek Comprehensive Flood Hazard Manaqement Plan was adopted in July of
2001. Both products incorporated the use of best available science.
Goals
EG To Prevent the loss of life and property in frequently flooded areas
Policies
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EP The City adopts the FEMA flood hazard maps for reference purposes and
any development in a flood plain must be consistent with FEMA guidelines
and such additional regulations as adopted by the City Filling floodplains
is discouraged unless necessary to meet a public purpose No
development should be allowed in any floodway
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EP Regulations of these lands should promote efficient use of the land and
water resources by allocating frequently flooded areas to the uses for
which they are best suited and to discourage obstructions to flood-flows or
uses which pollute or deteriorate natural waters and water courses.
EP Life and property should be protected from flood hazards and the flood
storage and transmission capacity of rivers and streams should be
retained
EP Protect natural flood storage and conveyance throuqh the development
and implementation of plans and regulations that reduce flood impacts.
Geologic and Volcanic Hazard Zones
Yelm has a few areas identified as steep slopes and volcanic hazards, which occur
along portions of the Centralia Power Canal and Yelm Creek (see critical areas map
#6) The City will need to develop guidelines for specific geologic issues
Goal 0
EG To desiqnate and requlate development on lands havinq identified
qeoloqic hazards to protect the health and safety of persons and property
and to avoid other adverse impacts of erosion, landslide and other
qeoloqic hazard.
Policies
EP Develop implementing leqislation. based upon best available science, with
specific requirements for analysis of qeoloqically sensitive areas and
application of specific development standards to prevent erosion and
landslide hazard.
EP The City will continue to qather and review seismic hazard data for the
area to better assess specific seismic hazard areas (those areas more
sensitive than others because of geoloqical parameters). The City will
consider development of additional requirements associated with Uniform
Buildinq Code review to buildinqs in Yelm's most sensitive earthquake
hazard areas
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Fish and Wildlife Habitat Areas
Yelm does not have identified priority habitats and species within the Urban Growth
Area, but is on land near to the Nisqually River which provides important habitat and
wildlife areas, in addition to the scattered locations of oak habitat (see Critical Areas
map, Map #5)
Shoreline and development regulations, and project-level SEPA reviews shall be used
to assure that development within the Urban Growth Area does not adversely affect
abutting wildlife and fish habitat outside the urban area. Inside the urban area
development regulations should provide incentives for wetland and habitat
enhancement.
Yelm Creek and Thompson Creek provide opportunities for such enhancement within
the Urban Growth Area. Wetland and wildlife enhancement should not extend beyond
the specified wetland buffer, however, if to do so would reduce densities below those
specified in the development regulations It is important that Yelm obtain and promote
urban densities in the urban areas to reduce development pressure outside the urban
areas
Any development directly affecting the Nisqually River shall be reviewed for consistency
with applicable State, County and other habitat management programs.
Urban landscapes are valuable supplements to natural areas in providing habitat for a
wide variety of wildlife. The loss of natural wildlife habitat to urban development can be
partiallv offset by landscapinq that includes a variety of native plants that provide food
and shelter for wildlife Native plants are qenerallv well adapted to the soils and climate
of the area and many species can flourish without much waterinq or fertilization.
Goals
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To provide fish and wildlife habitat of sufficient diversity and abundance to :1
sustain existinq indiqenous wildlife popultions I
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EG
Preserve, protect, and enhance fish and wildlife habitat.
EG
Policies
EP
The city should preserve anc enhance native veqetation in riparian habitat
and wherever possible
EP The City should manaqe aquatic and riparian (stream side) habitat in a
way that minimizes its alteration in order to preserve and enhance its
abilitv to sustain fish and wildlife
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DRAFT 2-4-02
EP The City should encouraqe residents and businesses to sue native plants
in residential and commerciallandscapinq.
Air Quality
Air quality is an increasing problem in the Pacific Northwest. Numerous federal, state,
and reqional aqencies enact and enforce leqislation to protect air quality. Locally air
pollution sources are from. motor vehicles, indoor and outdoor burninq, industrial
operations and land clearinq and qradinq.
Goal
EG To protect air quality.
Policies
EP Support state and federal air quality standards and the regulation of
activities that emit air pollutants
EP Encouraqe transportation demand management and commute trip
reduction in order to reduce energy consumption and air pollution
Noise
Noise pollution can be harmful to the qeneral public's health and welfare. Noise is
primarily generated by: industrial uses, vehicle traffic and construction activities.
Goal
EG To control the level of noise pollution in a manner which promotes the use,
value and enioyment of property in an urban environment.
Policy
EP Use state standards to ensure that excessive noise does not impair the
permitted land use activities in residential. commercial, and industrial land
use districts.
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VISITOR SIGN IN SHEET
i
Please sign in and indicate if you wish to speak at this meeting or to be added to the maili~g list
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 I
I
MEETING: YELM PLANNING COMMISSION DATE: February 19, 2002 !
TIME: 400 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS
Public Hearing(s):
1.
Thurston County Medic One Special Use Permit
2.
Amendment to Yelm Municipal Code - Hearing Examiner
NAME & ADDRESS
MAILING LIST? / SPEAKER?
(Indicate which public hearirilg by
the assigned numbers above)
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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 COMMISSION
TUESDAY, FEBRUARY 19, 2002, 4.00 P M.
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W.
1. Call to Order, Roll Call, Approval of Minutes
February 4, 2002, 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 Crystal Creek Estates - Final Plat
Applicant: Dick Boness, and Annette Durkin
Location: Crystal Springs Road
Staff Report Distributed previous to February 4, 2002 Meeting
4 Public Hearing Thurston County Medic One CUP-01-8301-YL
Applicant Thurston County Medic One
Location' 411 NE West Road
Staff Report Enclosed
5. Public Hearing: Amendment to Yelm Municipal Code - Hearing Examiner
Applicant. City of Yelm
Location' City Wide
Staff Report Enclosed
6. 2002 Comprehensive Plan (as time permits)
a. Environment Chapter
7 Other'
8, 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 shall be:
MONDAY, MARCH 4, 2002 - 4:00 P.M.
,
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YELM PLANNING COMMISSION MINUTES
FEBRUARY 4, 2002, 4 00 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
John Thomson called the meeting to order at 4 10 P m
Members present: John Thomson, Ray Kent, Don Carney, Roberta Longmire,
Margaret Clapp, E J Curry, and City Council Liaison Ron Harding
Staff: Cathie Carlson, Tami Merriman, and Jim Gibson
Members absent: Tom Gorman, excused, Joe Baker, and Glenn Blando
02-04
Approval of Minutes:
MOTION BY RAY KENT, SECONDED BY DON CARNEY, TO APPROVE THE
MINUTES OF JANUARY 22,2002. MOTION CARRIED.
Public Communications None
Action Item: Crvstal Creek Estates Final Plat. SUB-01-8294-YL.
Applicant: Richard E Boness, and Annette Durkin
Location: Crystal Springs Road
Ms. Merriman introduced Mr Boness, and provided the Commission a
summary of staffs' review of his final plat application Ms. Merriman informed
the Commission that Mr Boness has complied with all conditions of the
preliminary plat approval Mr Boness had submitted a letter, addressed to the
City Council, addressing the 200 foot buffer requirement along Yelm Creek, and
requested that Council allow Mr Boness to develop three more lots in the 200-
foot buffer
Ms. Merriman stated that Mr Boness could have subdivided the land within the
200-foot buffer To do so, he would have needed to comply with the Shoreline
Master Program, as all land within 200 feet of the ordinary high water mark of
Yelm Creek is considered a Shoreline of the State Yelm Creek's
environmental designation is rural, which allows only two units per acre, and a
minimum 20,000 sq. ft. lot. Mr Boness has 3 23 acres, and at two units per
acre, Mr Boness would have been allowed to develop six lots Having no
development in the 200 buffer, allowed Mr Boness to develop the property to
the City's designation of six units per acre
Mr. Boness informed the Commission that he spoke with Fred Knostman, at
Thurston County Mr. Boness said that Mr Knostman told him that Yelm Creek,
west of Crystal Springs Road is classified as a Type 4 or Type 5 seasonc:H
stream, with Urban designated setbacks of 20 feet, which would allow him to
develop in the 200 foot buffer area.
The Commission discussed different scenarios, such as having Mr Boness pay
a fee in lieu of open space, and leaving the Tract as land that my be developed
later, if the information Mr Boness received is correct. :
Yelm Planning Commission
February 4 2002
R:\Community Development\Planning Commission\Minutes and Agendas\PC 2002.min\02.04.02 min.doc
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After discussion, the Planning Commission informed Mr. Boness that they could
not make a decision on his request based solely on the information he provided
verbally, and asked Mr Boness if he would like for staff to research the
information that Mr Boness received from the County, and come back before
the Commission at their next meeting
Mr. Boness stated that he would be willing
The Commission requested that staff call Fred Knostman at Thurston County,
to research the information that Mr Boness brought forward, and further
shoreline regulation issues The Commission will review the final plat
application, and further information from staff at their next regularly scheduled
meeting
02-05
MOTION BY RAY KENT, SECONDED BY MARGARET CLAPP TO TABLE
THE DECISION ON CRYSTAL SPRINGS FINAL PLAT TO THE FEBRUARY
19,2002 PLANNING COMMISSION MEETING. MOTION CARRIED.
2002 Comprehensive Plan Update
Ms. Carlson distributed to the Commission, a draft Environment Chapter Ms.
Carlson briefly explained the need for more detailed goals and policies in the
comprehensive plan, and requested that the Commission read the draft, and be
prepared to discuss the issues at the next meeting
Mr. Thomson requested that staff locate the flood map for Alder Dam As part
of the geologic and volcanic hazard zones, Yelm may be in the Alder Dam flood
hazard area.
02-06
MOTION BY ROBERTA LONGMIRE, SECONDED BY E.J. CURRY, TO
ADJOURN THE MEETING. MOTION CARRIED.
Meeting adjourned at 5 15 P m
Respectfully submitted,
~~~~VL
Tami Merriman, Planning' echnician
/
John Thomson, Vice Chair
Date
Yelm Planning Commission
February 4, 2002
R:\Community Development\Planning Commission\Minutes and Agendas\PC 2002.min\02.04.02 min.doc
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City of Yelm
105 Ye/m Avenue West
PO Box 479
Ye/m, Washington 98597
(360) 458-3244
Date January 29, 2002
To Planning Commission
From Tami Merriman, Planning Technician
Re Final Plat for Crystal Creek Estates (formerly Huntington Green II) SUB-01-8294-YL
Backqround
The Yelm City Council approved, with conditions, a preliminary plat for the above referenced
project on August 23, 2000 The project has been constructed, and the applicant has filed a
completed application for final plat on January 8, 2002
Applicant: Richard E. Boness, and Annette Durkin
Proposal. 13 Lot, Single Family Final Plat Approval for Crystal Creek Estates
Location. The project site is located on Crystal Springs Road
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
In addition to the Final Plat Application, the applicant has submitted a letter dated January 8,
2002, addressed to the City Council (copy attached) The letter addresses the 200 foot buffer
at Yelm Creek which the owner has proposed to be dedicated to the City of Yelm as open
space The letter requests that the project be re-evaluated to allow 3 more lots in the 200 foot
area adjacent to Yelm Creek.
Yelm Creek is listed as a "Shoreline of the State" and any development in, or within 200 feet of
the creek is subject to the rules and regulations of the Shoreline Management Act RCW 90 58
(SMA), and the Shoreline Master Program for the Thurston Region (SMP)
The Shoreline Management Act does allow for development within 200 feet of a shoreline,
under the Substantial Development Permit process When application is submitted for a
Substantial Development Permit, all rules and regulations of the Shoreline Management Act
must be met.
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Each Shoreline of the State has an Environmental Designation, and additional regulations for
that designation The shoreline on Mr Boness's property has been designated as "Rural" The
first regulation listed in the Rural Environment designation is "Residential densities in this
environment shall not exceed two dwelling units per acre, regardless of housing type" The
second regulation listed is "that the minimum lot size shall be 20,000 sq ft., with a minimum lot
width of 100 feet."
If Mr Boness were to apply for a Substantial Development Permit, to construct homes within
200 feet of the shoreline, his entire property would be restricted to a density of 2 units per acre,
with a minimum lot size of 20,000 sq ft. His parcel is 3 23 acres, and at 2 units per acre, Mr
Boness would have been allowed to subdivide the property into 6 parcels (6 46)
Because Mr Boness did not develop within 200 feet of the shoreline, he was not required to
apply for a Substantial Development permit, and he was able to develop his parcel to the fullest
extent allowed by his zoning designation (R-6), 6 units per acre
Staff Recommendation
Staff recommends the Planning Commission forward the final plat to the City Council for
approval, provided
1 Deny the request to expand Crystal Creek Estates by three more lots, 100 feet into
the shoreline buffer area.
2. All engineering and surveying fees for the final plat review are paid prior to City
Council review
Original Conditions of Approval
92nd Way SE - The plat shall not connect to the south of the project site with 92nd Way SE.
Completed.
Sewer
1 The proponent shall connect to the City's STEP sewer system The Sewer line shall be
extended through development.
Completed.
Sewer ERU's (equivalent residential units) are based on discharge of 240 gallons per day
and are currently charged at a rate of $4,986 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
Completed.
2. The on-site septic systems and drainfields shall be abandoned to Thurston County Health
Department standards.
Completed.
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Water
3 The Proponent will need to connect to the City's water system Water lines would be
extended through development.
Completed.
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 ,500/ERU (subject to change) inside city
limits This fee is payable at time of building permit issuance
Completed.
4 The applicant shall be credited one ERU fee for the existing water connection that serves
the manufactured homes
The one water ERU shall be credited on the first building permit issued
5 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.
Storm water
6. 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.
7 The applicant shall submit a storm water operation and maintenance plan to the Public
Works Department for approval prior to final plat approval
Completed.
8. 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.
Transportation
9 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.
10 The applicant shall be responsible for half-street improvements along the frontage of Crystal
Springs Road The frontage improvements include lane improvements, curb, planter strip,
sidewalk, landscape and storm drainage The Crystal Springs Road street section is
"neighborhood collector"
Completed.
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11 The new north/south Street shall be shown on the face of the plat as a future street
connection to the north only
Completed.
Fire
12. The applicant shall submit fire flow calculations for existing hydrants All hydrants must
meet minimum City standards
Completed
13 The applicant shall submit a fire hydrant plan to the Community Development Department
for review and approval
Completed.
Open Space
14 The applicant shall submit a final improvement plan for the open space The plan shall
demonstrate compliance with Chapter 14 14 050
Completed.
15 The open space shall be dedicated to the City of Yelm
Completed.
Landscapinq
16 The applicant shall install a 6' wood privacy fence along the northern property line of the
subdivision lots in place of perimeter landscaping
Completed.
17 The applicant shall submit a final landscaping to include the pedestrian path, environmental
signage and irrigation plan for the open space and street planter strips The
improvements in the open space shall not exceed $2,500 00
Completed.
Environmental
18. 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 1 01 pm 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.
Completed.
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b The subject site is adjacent to Yelm Creek which is designated as a shoreline of
the state The shoreline jurisdiction area, measured from the creek's high water mark back
200', shall be dedicated to the City of Yelm as open space Improvements within the
shoreline jurisdiction area shall be a pedestrian path and environmental signage The
improvements shall not exceed $2,500 00
Completed.
c. The proponent shall enter into an agreement with the Yelm School District to
mitigate project impacts to the school district.
Completed.
Subdivision Name and Property Addresses
19 The applicant shall submit another subdivision name The City will forward the name to the
Thurston County Records Department for approval
Completed.
20 Prior to the submission of final plat application, the applicant will provide the Building
Department with a plat map for addressing
Completed.
General Public Works
21 Per the City of Yelm's Development Guidelines street lighting and interior street lighting will
be required
Completed.
22.The applicant shall submit a grading plan to the Community Development Department for
review and approval prior to anyon-site grading
Completed.
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40905 96th Ave E
EatonvIlle, W A ~ 98328
January 6, 2002
g~~t.-1.c--",,-"', ~.-i."'-"'
JAN 0 0 ~002
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City of Yelm
City CouncIl
105 Yelm Avenue West
POBox 479
Yelm, W A 98597
Dear CouncIl Members,
In regards to the shoreline buffer area setback of 200 feet, we have made many Inqumes
Cathy Carlson of CIty of Yelm Planmng Department has been steadfast on this
reqUirement, much to our dIsmay
We were told that WashIngton State has no mInimum setback reqUIrements on
developIng property near a stream or draInage ditch. ThiS IS accordIng to 1990
regulatiOns for setbacks reInstated by a federal court Judge In August of 200 1 They have
never heard of a setback greater than 100 feet.
Thurston County has a rural setback mInimum of 50 feet. Thurston county setback In
conservancy areas IS a maximum of 100 feet ThiS IS determIned and recorded In the
Department of Ecology, Thurston County Code 17 15
We maIntaIn that a 100-foot mInimum setback IS more than adequate to protect the
natural vegetatiOn and draInage InvolvIng Yelm Creek. Thurston County reqUIres no
more than thiS as a maximum setback. By decreaSIng your buffer area from 200 feet to
100 feet, we would be able to develop and buIld on three more lots of approximately 50 X
100 feet each. ThiS would still enable the homeowners access and usage of a natural
buffer area as well as proVidIng protectiOn for the stream.
The city would benefit from the development of three more taxable properties valued at
an estimated $450,000 The 200-foot buffer zone wIll Yield no tax for Yelm and, In all
lIkelIhood, no value to the members of Crystal Creek Estates
In the last few months, an owner of a parcel In HuntIngton Green With a fifty foot buffer
area ofYelm Creek has been able to secure a bUIldIng permit from the City ofYelm to
buIld an additiOn onto a home that we belIeve encroaches on the fifty-foot setback
(Already a much smaller setback than IS beIng reqUIred of us ) Is It your belIef that SInce
It IS attached to an eXistIng buIldIng it will calise 110 ill effects to Yelm Creek, despite the
diminIshed setback? Does thiS make sense to you? Why IS a 200-foot minimum setback
reqUIred for our 13-lot development, but a 50-foot setback for a nelghbonng multi-lot
development IS adequate for the protectiOn of Yelm Creek? Why Indeed?
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The HuntIngton Green development next to us was bUIlt after 1990 Those same setback
reqUIrements now apply to us follOWIng a court reversal In August of2001 We should
fall under the same rules as HuntIngton Green. We have deeded land to the CIty of Yelm
In order to get final plat approval, but feel thIS IS takIng pnvate land for publIc concerns
wIthout benefit of compensatIOn.
In summatIOn,
1 Allow us to expand Crystal Creek Estates by three more lots, 100 feet Into the
shorelIne buffer area.
2 Increase taxable revenue wIth the constructIon of three more homes In Crystal Creek
Estates by decreaSIng the shorelIne buffer area from a 200-foot setback to the Thurston
County reqUIred 100 feet
3 ContInue land and water management wIth a 100-foot shorelIne buffer area bordermg
Yelm Creek as per Thurston County Code 17 15
z~
~lCk Boness
Annette DurkIn
City ofYelm
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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, FEBRUARY 4,2002,4:00 P.M.
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W
1 Call to Order, Roll Call, Approval of Minutes
January 22, 2002, 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. Crystal Creek Estates - Final Plat
Applicant. Dick Boness, and Annette Durkin
Location Crystal Springs Road
Staff Report Enclosed.
4 2002 Comprehensive Plan
a. Environment Chapter
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
pe.rticipate in government processes or activities, please contact Agnes Bennick, at 360-458-8404
at least four (4) working days prior to the scheduled event.
)1..11 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 shall be:
TUESDAY, FEBRUARY 19,2002 - 4:00 P.M.
c
YELM PLANNING COMMISSION MINUTES
JANUARY 22, 2002, 4 00 P m
YELM CITY HALL COUNCIL CHAMBERS
Motion No.
John Thomson called the meeting to order at 4 01 P m
Members present: John Thomson, Joe Baker, Ray Kent, Don Carney,
Roberta Longmire, Glenn Blando, and City Council Liaison Ron Harding
Staff: Cathie Carlson, Shelly Badger, Tami Merriman, and Jim Gibson
Members absent: Tom Gorman, Margaret Clapp, E. J Curry - excused
Approval of Minutes:
02-01 MOTION BY ROBERTA LONGMIRE, SECONDED BY RAY KENT, TO
APPROVE THE MINUTES OF DECEMBER 17,2001. 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
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Mr Thomson re-opened the Public Hearing at 4 02 pm Mr. Thomson asked it
any Commission member had a conflict of interest. There was none
Mr. Thomson asked if any member of the audience objected to any
Commission member participating in this hearing There was none
Mr. Thomson asked if any member had received information on this item prior
to the hearing None had
Mr Thomson asked Ms. Badger to provide a staff report.
Ms. Badqer informed the Commission that she had received information from
the Massage Therapy Association for suggested language regarding the use of
the word massage as related in the adult entertainment ordinance Ms Badqer
incorporated the information into the ordinance, and reviewed the changes with
the Planning Commission
It was suggested by a commission member to change the word "treatments" to
"actions" in section 1 1 2 It was suggested by a commission member to
include the word "silhouette(s)" to Section 1 4 3(b)
Mr. Thomson asked if there were any public comment. There was none
Mr. Thomson asked the Commission if they had any further questions or
comments There was none
Mr. Thomson closed the public hearing at 4 24 PM
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02-02 MOTION BY RAY KENT, TO FORWARD THE AMENDMENT TO YELM
MUNICIPAL CODE TITLE 17.64 AND TITLE 5.52 ADULT ENTERTAINMENT
FACILITIES TO THE CITY COUNCIL FOR REVIEW AND APPROVAL WITH
THE FOLLOWING CHANGES: Ordinance 737, 1.1.2, change the word
"treatments" to "actions". Ordinance 736. 1.4.3(b), include the word
"silhouette". MOTION SECONDED BY GLENN BLANDO, MOTION CARRIEO.
Yelm Planning Commission :
January 22, 2002
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UPDATE: HEARING EXAMINER ORDINANCE
Ms. Carlson informed the Commission that the City Council reviewed the
proposed Hearing Examiner Ordinance The Council was supportive of the
change to a Hearing Examiner system The Council suggested changes to the
ordinance to reflect a more defined methodology for the hiring process, and
stronger parameters regarding qualifications Ms. Carlson stated that she will
incorporate the suggested changes into the ordinance, and bring the ordinance
back to the Commission in February for a public hearing
2002 Comprehensive Plan Update
Ms. Badqer gave a brief overview of the City of Yelm Comprehensive Plan
creation and history from 1988 to present
Ms Carlson provided an overview of the mandated requirements and timing for
amending the Comprehensive Plan The Commission will begin with the
update to the Critical Areas Ordinance Ms. Carlson explained the
requirements, and showed the Commission the items that the Critical Areas
Ordinance will address
Possible Meeting Date and Time Change
The Commission discussed the possibility of changing their meeting dates and
times The Commission had previously asked staff to check the availability of
the council chambers for meeting Tuesday afternoon, instead of Monday
afternoon It was determined that the City Council uses the council chambers
on Tuesday afternoons, from October through December for budget session
meetings After discussion, it was determined that other days, and regular
evening meetings, were not desirable The Commission decided that they
would keep the same meeting schedule
Mr. Thomson requested that staff provide the Commission with another copy of
the 2002 Comprehensive Update Work Plan
02-03
MOTION BY RAY KENT, SECONDED BY GLENN BLANDO, TO ADJOURN
THE MEETING. MOTION CARRIED.
Meeting adjourned at 5 15 P m
Respectfully submitted,
John Thomson, Vice Chair
Date
Yelm Planning Commission
January 22, 2002
R:\Community Development\Planning Commission\Minutes and Agendas\PC 2002.min\01.22.02 min.doc
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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: January 15, 2002 (for the January 22,2002 Planning Commission Meeting)
To: Yelm Planning Commission Members
From: Shelly Badger, City Administrato~'(
Re: Continuation of October 15, 2001 Public Hearing on Proposed Amendments to Yelm
Adult Entertainment Business (AEB) Ordinances in response to 7/16/01 Planning
Commission Work-session, and 10/15/01 Planning Commission Public Hearing.
LIST OF EXHIBITS:
Exhibit 1- Ordinance No. 736 (with proposed draft
amendments), amending the Yelm Municipal Code, Chapter 17,
Zoning related to the location of AEBs;
Exhibit 2 - Ordinance No. 737 (with proposed draft
amendments), amending the Yelm Municipal Code, Chapter 5,
Business Licensing and Regulation of AEBs.
c
A. Planning Commission Meeting objective related to this agenda item:
To dISCUSS the recommended draft amendments to the adopted Ordmances # 736 & # 737 Both
ordmances have been "red-lmed" m a bold font - wIth amendments dIscussed at the October 15,
2001 Planmng CommIssIOn meetmg. Proposed amendments to the Ordmance smce the October
15th PC meetmg are shown m a bold, underlmed "Comic Sans" font.
B. Background:
Amendments to Chapter 17, Zomng, governmg the locatIOn and land use approval process for
sItmg adult entertamment busmesses (AEBs) and amendments to Chapter 5, Busmess LIcensmg
and RegulatIOn, provIdmg hcensmg reqUIrements for adult entertmnments busmesses, operators
and entertamers were consIdered by the P1anmng CommISSIOn on June 18, 2001 and recommended
for adoptIon by the City CouncIl On June 27, 2001, Council adopted ordmances m the same
format as the Plannmg CommISSIOn had recommended.
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Page 1 of 4~:
Based on publIc testImony at the Heanng, the Planmng CommIsSIOn requested that staff conduct 0
addItIonal research, specIfically on the Spokane and CmcmnatI ordmances, and bnng back
mformatIOn for possible future amendments to the newly adopted Yelm AEB Ordmances.
On July 16,2001 the Planmng CommIsSIOn held a work-seSSIOn, to reVIew, and recommend
possible amendments to the AEB Ordmances, WhICh were mcorporated mto the October 15,2001
PC PublIc Heanng drafts.
On October 15,2001 the Planmng CommIsSIOn held a PublIc Heanng to consIder the amendments
to the ongmaly adopted ordmance. In dIscuSSIOn wIth representatIves from the LIcensed Massage
Therapy profeSSIOn, staff agreed to work further to attempt to remove the word "massage" from the
Adult Entertamment Busmess ordmances. For thIS reason the PC voted to contmue the heanng to
a later date. The heanng has subsequently been re-scheduled to the January 22, 2002 PC meetmg.
Summary of Latest Proposed Amendments:
Ordinance No. 736 - (Zomng related ordmance.)
· Removed the word "massage" from the adult entertaInment parlor defirntIon and adult
entertaInment parlor employee defirntIOn and replaced wIth language that IS mtended to
cover the defirntIon ofhIstonc "massage parlors" wIthout usmg the word "massage."
Ordinance No. 737 - (Busmess LIcense procedures.)
· Removed the word "massage" from the adult entertaInment parlor defirntIOn andadult 0
entertaInment parlor employee defirntIOn as m Ordmance No 736
· Added "speCIfic anatomIcal areas" and "speCIfic sexual actIvItIes" defirntIons to SectIon 1
· Moved sub-sectIOn 1.2.1 to be combmed wIth "SectIOn 4 ExemptIons from provISIOns."
The attached proposed changes have been sent (January 15) to representatIves from the LIcensed
Massage Therapy profeSSIOn for theIr reVIew and comment.
Staff Recommendation:
Staff recommends that the Plannmg CommIsSIOn dISCUSS the proposed amendments, make any
changes necessary and forward a recommendatIOn to the CIty Council for adoptIOn.
Page 2 of 43
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Exhibit 1 - Ordinance No 736
City ofYelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
CITY OF YELM
ORDINANCE NO. 736
AN ORDINANCE of the CIty of Yelm, Washmgton, regulatmg adult entertamment
busmesses wIthm the CIty of Yelm, Washmgton, and amendmg Chapter 17, Zomng, 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 entertaInment busmesses, and
WHEREAS. the City reco~nizes that sexually oriented businesses. due to their nature.
have serious objectionable operational characteristics. particularly when they are operatin~ in
close proximity to each other. thereby contributing to crime. lower property values. urban
blight. downgrading ofthe quality of life in the adjacent areas. and other nuisance effects: and
WHEREAS, the CIty of Yelm has determmed that the regulatIOn of the adult entertaInment
mdustry IS necessary because, m the absence of such regulatIOn, sIgnIficant cnmmal actIvIty has
hIstoncally 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 wIthm the mdustry of mdIvIduals wIth
hIdden ownersmp mterest and outstandmg arrest warrants, and
WHEREAS, the prOXImIty between entertamers and patrons dunng adult entertaInment
performances can facilItate sexual contact, prostItutIOn and related cnmes. Concerns about cnme and
publIc sexual actIVIty are legItImate 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. 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
accompany the operation: and
WHEREAS. the City 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 walking through or 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
City ofYelm Ord. 736
ds/shelly /aebcorrespond
Page 3 of 43,
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Exhibit 1 - Ordinance No 736
City of Yelm
January 15, 2002
RE.
Adult Entertainment Business
with proposed amendments
o
WHEREAS. 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 experiences of other states and cities demonstrate that reasonable
restrictions 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
material on neighboring properties: and
WHEREAS, It IS not the mtent of thIS ordmance to suppress or censor any expreSSIve actIVItIes
protected by the FIrst Amendment of the Uruted States ConstItutIon or ArtIcle 1, SectIon 5 of the
Washmgton State ConstItutIOn, but rather to enact tIme, place and manner regulatIOns whIch address
the compellmg mterests of the CIty m mItIgatmg the secondary effects of adult entertamment
busmesses,
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NOW, THEREFORE, be It ordamed by the CIty Council of the CIty of Yelm, as follows
SectIon 1.
ADULT ENTERTAINMENT BUSINESSES
1 1 DefirutIOns. Wherever the followmg words and terms appear m thIS chapter, they
shall have the followmg mearungs
1 liThe term "Adult Entertamment Busmess" shall mclude all adult onented
busmesses mcludmg adult arcades, adult bookstores, adult novelty stores, adult
VIdeo stores, and SImilar adult uses, nlassage adult entertainment parlors and
adult lIve entertaInment centers.
1 1.2 "Massage "Adult entertainment parlor" means a place m the mcorporated
area of the CIty where massages 01 like treatments arc sexually stimulating
touching is performed upon the body of one person by another person, nude
modeling studios or where sauna baths, TurkIsh baths, SwedIsh baths or the
like are made available to members of the publIc.
1 1.3 "MMsage "Adult entertainment parlor employee" means any person
City ofYelm Ord. 736
ds/shelly laebcorrespond
Page 4 of 43
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Exhibit 1 - Ordinance No. 736
City otYelm
January 15, 2002
Adult Entertainment Business
with proposed amendments
RE
employed by an adult entertainment parlor, including any person who
performs sexually stimulating treatments who gI v es massages to, or attends,
m any other way upon, patrons of an lllassage adult entertainment parlor, or
who supervIses the work of such a person.
1 1 4 "Adult Arcade" shall mean a busmess where, for any form of consIderatIOn,
one or more still or motlon pIcture projectors, slIde projectors, or sImIlar
machmes, or other Image producmg machmes, for vlewmg by five or fewer
persons each, are used to show films, motlon 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."
1 1.5 "Adult Bookstore", "Adult Novelty Store", or "Adult Video Store" shall mean
a commercIal busmess whIch has as one of ItS pnnclpal busmess 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 descnptIOn 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 defimtIon set forth herem Iftwenty percent or more
of ItS stock m trade or revenue comes from the rental or sale of VIdeo tapes or
other photographIc reproductIOns or assOCIated eqUIpment whIch are
charactenzed by the depIctIon or descnptIOn of specIfic sexual actIvItIes or
specIfic anatomIcal areas.
1 1 6 "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 m a dIscernibly turgId state, even If completely
and opaquely covered.
1 1 7 "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
CllyofYelmOrd.736
ds/shelly /aebcorrespond
Page 5 of43 '
I-L____
Exhibit 1 - Ordinance No 736
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
o
(c) Fondhng or other erotIc touchmg of human gemtals, PUbIC regIOn,
buttocks or the female breasts.
I I 8 "Adult hve entertamment center" means a busmess havmg, as parts of Its trade,
hve dancers or entertamers who depIct specIfic sexual actIvItIes or dIsplay
specIfic anatomIcal areas as defined herem, mcluded, but not hmIted to, topless
dance centers, so-called exotIc dance centers and body pamtmg StudIOS.
1 1 9 "Employee" means any and all persons, mcludmg entertamers, who work m
or at or render any servIces dIrectly related to the operatIOn of any adult hve
entertaInment center
I 1 10 "Entertamer" means any person who provIdes entertaInment wIthm an adult
hve entertaInment center as defined m thIS sectIOn whether or not a fee IS
charged or accepted for such entertaInment.
I 1 11 "EntertaInment" means any exhibItIon or dance of any type, removal of artIcles
of clothmg, pantomIme, modelmg or any other performance.
1 1 12 "Operator" means any person operatmg, conductmg or mamtammg an adult
hve entertaInment center
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1.2 Adult entertaInment busmesses claSSIfied and permItted.
1.2 I Adult entertaInment busmesses falhng under the defimtIon of adult bookstore,
adult novelty store, adult VIdeo store or SImIlar adult uses shall be permItted m
speCIfic zones and under speCIfic standards IdentIfied m SectIon 1 4 through
a SIte plan ICvle~ special use permit process as reqUIred by Yelm MumcIpal
Code Chapter t9-84 17.66
1.2.2 Adult arcades, massage adult entertainment parlors and adult hve
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 busmesses permItted m certam land use zones sublect to certam
restnctIons and standards.
1.3 I Adult entertaInment busmesses falhng under the defimtIons of adult
City of Yelm Ord. 736
ds/shelly /aebcorrespond
Page 6 of 43
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Exhibit 1 - Ordinance No. 736
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
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'
(a) Land use zones permItted.
1. Heavy CommercIal Zone C-2,
11 Large Lot CommercIal C- 3,
111. lndustnal, and
IV LIght lndustnal.
(b) Spacmg and buffenng reqUIrements
1.
No such adult entertamment busmess shall be located closer
than three hundred thIrty feet from another adult entertamment
busmess, whether such other busmess IS located wIthm 'or
outsIde the CIty lImIts,
No such adult entertamment busmess shall be located closer
than three hundred thIrty 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 lImIts.
11.
(c) General standards. All the standards of SectIon 1 4 shall apply
1.3.2 Adult arcades, massage adult entertainment parlors and adult lIve
entertamment centers shall be permItted 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 lndustnal and lndustnal.
(b) Spacmg and buffenng reqUIrements.
1. No adult arcade, 111aSSage adult entertainment parlor or adult
lIve entertamment center shall be located closer than SIX
hundred SIXty feet from another adult arcade, massage adult
entertainment parlor or adult lIve entertamment center or
closer than three hundred thIrty feet from any other adult:
entertamment busmess, whether such other busmess IS located
wIthm or outsIde the CIty lImIts.
City of Yelm Ord. 736
ds/shell y / aebcorrespond
,
,
Page 7 of43;
Exhibit 1 - Ordinance No 736
City of Yelm
January 15, 2002
RE.
Adult Entertainment Business
with proposed amendments
o
11. No adult arcade, mM~ag(, adult entertainment parlor or adult
lIve entertamment center shall be located closer than SIX
hundred SIXty 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 lImIts.
( c) General standards. All standards of SectIOn I 4 shall apply
I 4 General standards for adult entertamment busmesses. Adult arcades, adult bookstores,
adult novelty stores, adult VIdeo stores and SImilar uses, ma~~ag(, adult entertainment
parlors and adult lIve entertamment centers shall conform to the followmg general
standards.
I 4 I All on-sIte parkmg areas and premIse entnes of adult entertaInment uses shall
be illummated from dusk until one hour past closmg hours of operatIon WIth
a lIghtIng system whIch prOVIdes an average mamtamed honzontal
illummatIOn of one foot candle of lIght on the parkmg stnps and/or walkways.
An on-premIse extenor lIghtmg plan shall be presented to and approved by the
Department of Commuruty Development pnor to the operatIoniof any such 0
use.
I 4.2 All parkmg must be VIsible from the frontmg street. Access to the extenor rear
of the buildmg shall be demed to any persons other than employees or publIc
offiCIals dunng the performance of theIr respectIve dutIes and tasks by means
of fencmg as approved by the Department of Commumty Development.
I 4.3 In addItIOn to all on-premIse SIgn reqUIrements of Yelm Mumclpal Code
Chapter 15.24, the followmg sIgnmg proVISIOns shall be followed.
(a) There shall be no electromc reader boards or changmg message center
SIgnS,
(b) All adult entertamment busmesses shall have facades, extenors, and
eXIts whIch must be mdlstmgUIshable from surroundmg bUIldmgs.
IllustratIOns deplctmg partIally or totally nude males and/or females
shall not be posted or pamted on any extenor wall of the bUIldmg used
for such busmesses or on any door or apparatus attached to such
bUIldmg.
City of Yelm Ord. 736
ds/shelly laebcorrespond
Page 8 of 43
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Exhibit 1 - Ordinance No 736
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
1 44 All standards of the underlymg zone
1 4.5 Reasonable condItIons necessary to properly mItIgate bona fide secondary
Impacts IdentIfied dunng the specIal use permIt reVIew process.
1 46 All adult entertamment busmesses shall be reqUIred to comply wIth the
reqUIrements of Chapter 17 of the Yelm MUnICIpal Code to promote
compatibilIty wIth surroundmg land uses m both commercIal and the lIght
mdustnal zones.
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 uses. The followmg uses, propertIes and zones are consIdered senSItIve-
as referenced m SectIOns 1.3 1 and 1.3.2.
1.5 1 All Public Facilities: PIoperty used f'OI publIc and pI 1 v ate schools, including
public and private schools. parks. libraries. etc.:
1.5.2 PIoperty used fOl publIc paIks,
1.5 J Pwpcrty used fot pubhe 1iblancs,
1.5.24 Property used for state-certIfied day care,
1.5.35 Property used for communIty teen centers,
1.5.46 Property used for churches, cemetenes or other relIgIOUS facilItIes or
mstItutIOns,
City ofYelm Ord. 736
ds/shelly I aebcolTespond
Page 9 of 43 '
Exhibit 1 - Ordinance No. 736
City otVelm
January 15, 2002
RE.
Adult Entertainment Business
with proposed amendments
o
1.5.51 Property used for resIdential and lodgmg uses and property zoned pnmarily for
resIdential uses, mcludmg R-4, R-6 and R-14 zones,
1.5.6tt Property used for orgamzatIOns, aSSOCIatIOns, facilIties and busmesses whIch
provIde, as a substantial portIOn of theIr activIties, functIOn or busmess, the
provlSlon of servIces to children and/or youth, so that the premIses of the
orgamzatIOn, faCIlIty or bus mess would have chIldren and youth m attendance
or at the location dunng a predommant portIon of the operational hours of an
adult entertamment facilIty;
1 6 Measunng reqUIred dIstances. The dIstances between adult entertaInment busmesses
and senSItive land uses Identified m Section 1.5 shall be measured by followmg a
straIght Ime WIthout regard to mtervemng 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 Ime 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.
o
I 7 I DIstance WaIver reqUIred. Any party proposmg to locate an adult
entertaInment busmess wlthm 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 mailIng notIce shall be made to all partIes wlthm the
dIstance set forth m SectIOns 1.3 I and 1.3.2, dependmg upon the use m
questIOn. The applIcant shall prOVIde the names and addresses of all property
owners and busmesses wlthm SaId dIstances from the proposed use.
I 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 terms of VIsibIlIty and access;
(b) CompatibilIty WIth adjacent and surroundmg land uses,
( c) AbIlIty to aVOId the adult entertamment bus mess by alternative
vehIcular and pedestnan routes.
City ofYelm Ord. 736
ds/shelly laebcorrespond
Page 10 of 43
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Exhibit 1 - Ordinance No 736
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
1 8 Adult entertamment busmesses forbIdden m other zones. Adult arcades, adult'
bookstores, adult novelty stores, adult vIdeo stores, and sImIlar adult uses, massage
adult entertainment parlors and adult lIve entertamment centers shall be lImIted to
the zones specIfied for such uses m SectIOns 1.3 I and 1.3.2 and shall be forbIdden m
all other zones wIthm the CIty ofYelm.
I 9 This ordinance does not prohibit:
(a)
Plays. operas. musicals. or other dramatic works that are not
obscene: or
Classes. seminars and lectures which are held for serious scientific
or educational purposes and which are not obscene: or
Exhibitions. performances. expressions or dances that are not
obscene.
The exemptions in subsection 1.9 of this section do not apply to
sexual conduct dermed in Section 1.1 of this ordinance or the
sexual conduct described in RCW 48A.OI0 (20 (b) (ii) and (iii).
Whether or not activity is obscene shall be judged by
consideration of the standards set forth in RCW 7.48.010 (2).
(b)
(c)
(d)
I 10 Adult entertamment busmesses effect on other laws. ProvIsIOns of thIS chapter shall,
not have the effect of authonzmg any aCtIvItIes prohibIted by state law or other
provIsIOns of thIS code.
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.
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
City o[Yelm Ord. 736
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Page 11 of43:
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Exhibit 1 - Ordinance No. 736
City of Yelm
January 15. 2002
AuthentIcated.
Agnes P BennIck, CIty Clerk
PUBLISHED Nisqually Valley News, July 6, 2001
EFFECTIVE. July 10, 2001
Approved as to form.
Attorney' Brent Dille
Owens DavIes MackIe
City ofYelm Ord. 736
dslshellylaebcorrespond
RE
Adult Entertainment Business
with proposed amendments
o
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1\
Page 12 of 43
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Exhibit 2 - Ordinance No 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
CITY OF YELM
ORDINANCE NO. 737
AN ORDINANCE of the CIty of Yelm, Washmgton, regulatmg adult entertamment
busmesses wIthm the City ofYelm, Washmgton, and amendmg Chapter 5, Busmess LIcenses
and RegulatIOns, 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 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
blight. downgrading ofthe quality of life in the adjacent areas. and other nuisance effects: and
WHEREAS, the CIty has determmed that the regulatIOn ofthe 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 alcohohc 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
performances can facIhtate sexual contact, prostItutIOn and related cnmes. Concerns about cnme and
publIc sexual actIvIty are legItImate and compellmg concerns of the CIty of Yelm whIch demand
reasonable regulatIOn of adult entertamment busmesses m 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
WHEREAS. 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
CIty ofYclmOrd. 737
Page 13 of 43 :
dslshelly /aebcorrespond
Exhibit 2 - Ordinance No. 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
o
accompany the operation: and
WHEREAS. the City 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 walking through or visiting in the immediate neighborhood of such businesses: and
WHEREAS. the City fmds there would be a deterioration in the quality of businesses
which choose to operate in and around such sexually oriented businesses: and
WHEREAS. 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 City has determined that location criteria alone does not adequately
protect health. safety and general welfare ofthe people ofYelm. and thus certain requirements
with respect to the ownership and operation of sexually oriented businesses is in the public
interest: and
o
WHEREAS. the experiences of other states and cities demonstrate that reasonable
restrictions 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
WHEREAS, the CIty of Yelm finds It IS necessary to hcense entertamers m the adult
entertamment mdustry to prevent the explOItatIon 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 finds It necessary to have a hcensed manager on the premIses
of busmesses offenng adult entertamment at such tIme and such busmesses are offenng adult
entertamment so that at all necessary tImes there wIll be an mdlvldual responsible for the overall
CIty of Yelm Ord. 737
Page 14 of 43
ds/she11y /aebcorrespond
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Exhibit 2 - Ordinance No. 737
City otYelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
operatIOn of the adult entertaInment busmess, 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
Imposed as regulatory measures deSIgned to help defray the substantial expense mcurred by the City
ofYelm m regulatmg the adult entertaInment mdustry; and
WHEREAS, the CIty ofYelm has determmed that hIdden ownershIp mterest for the purposes
of skunmmg profits and aVOIdmg the payment of taxes have hIstoncally occurred m the adult
entertaInment mdustry m the absence of regulatIOn. These hIdden ownershIp mterests have lustoncally
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
entertaInment busmesses, and the Identities and backgrounds of persons responsible for management
and control of the adult entertaInment busmess, 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 compellmg mterests of the CIty m mItIgatmg the secondary effects of adult entertaInment
busmesses,
NOW, THEREFORE, be It ordamed by the City Council of the CIty ofYelm, as follows
SectIOn 1
MASSAGE ADULT ENTERTAINMENT PARLORS AND EMPLOYEES
1 1
DefimtIOns. Wherever the followmg words and terms appear m thIS chapter, they
shall have the followmg meamngs.
III
"MM5agc "Adult entertainment parlor" means a place m the mcorporated
area of the CIty where nla55agc5 01 likc ttcatmCl1t5 alC sexually stimulating:
touching is performed upon the body of one person by another person, nude
modeling studios or where sauna baths, TurkIsh baths, Swedish baths or the,
like are made aVaIlable to members of the publIc
1 1.2
"Ma55agc "Adult entertainment parlor employee" means any person
CIty ot'Yelm Ord. 737
,
,
Page 15 of 43 :
ds/ shelly/ aebcorrespond
1..
Exhibit 2 - Ordinance No 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
o
employed by an adult entertainment parlor; including any person who
performs sexually stimulating treatments who gIvG1> ma1>1>agc1> to, or attcnd1>
m any other way upon, patrons of an mMsagc adult entertainment parlor, or
who supervIses the work.of such a person.
1.1 . 3 "Specific anatomical areas" means.
(a) Less than completely and opaquely covered human genitals. pubic
region. buttocks and the female breasts below a point immediately
above the top of the areola.
(b) Human male genitals in a discernibly turgid state. even if
completely and opaquely covered.
1.1.4 "Specific sexual activities" means:
(a)
(b)
(c)
Human genitals in a state of sexual stimulation; and/or
Acts of human masturbation. sexual intercourse or sodomy. and/or
Fondling or other erotic touching of human genitals. pubic region.
buttocks or the female breasts.
o
1.2 ExemptIOns to chapter apphcabihty The provIsIOns of thIS sectIon shall,not apply to
massages performed or baths 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.
1.2.1 This 01 dinance does not pi ohibit.
(a) Plays. opeIas. musicals. 01 othel dUnIatic "vOl ks that ~ll e not
obscene. 01
(b) Classes. seminal sand lectm es which al e held fOI sel ious scientific
01 educational pm poses and 'W hich al e not obscene; 01
(c) Exhibitions. pel f.Ol mances. expl essions 01 dances that al e not
obscene.
(d) The exemptions in subsection 4.1 of tbis section do not apply to
CIty ol'Yelm Ord. 737
Page 16 of43
dsl she lly laebcorrespond
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Exhibit 2 - Ordinance No. 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
sexual c.onduct defined in Sections 1.1. 2.1 and J.1 of this
01 dinance 01 the sexual conduct desCl ibed in RCVl 48A.01 0 (20 (b)
(ii) and (ill). '..'lhethel 01 not acthit} is obsc.ene shaH be judged by
consideution of the standalds set rOI th in RCV.' 7.48.010 (2).
1.3 LIcensmg of Busmess.
1.3 1 No person, firm, partnershIp, corporatIOn, or other entity shall operate an aduU
entertainment parlor, adult aIcadc, adult boobt01C, adult novelty stOIC 01
adult vIdeo stOIC WIthout first obtammg a hcense Issued pursuant to thIS
chapter
1.3.2 ApphcatIons for such bus messes shall be made to the CIty Clerk/Treasurer
1.3.3 Such apphcatIOns shall be venfied and provIde the same mformatIon as that
reqUired for an adult hve entertaInment center hcensed as set forth m SectIOn
34
1.3 4 ApphcatIOns shall be accompamed by a non refundable fee as set by resolutIOn
ofthe City Council, however, until such fee IS set by such a resolutIOn, the fee
shall be $500
1.3.5 An apphcatIOn for such a hcense 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 hcenses IS Issued or renewed.
1.3 7 Such lIcense may be renewed by submIttmg a new applIcatIOn and followmg,
the apphcatIOn procedure referenced herem, provIded, that a renewal
apphcatIOn shall not be submItted pnor to September 1, for the followmg:
calendar year
1 4 LIcensmg of Employees. An apphcatIOn for such a hcense shall be processed and
eIther granted or demed m the manner set forth m Section 3 5
City ofYelm Ord. 737
Page 17 of43:
,
ds/shelly laebcorrespond
Exhibit 2 - Ordinance No. 737
City otVelm
January 15, 2002
RE.
Adult Entertainment Business
with proposed amendments
o
1.5 Revocation of LIcense. RevocatIOn of a massage. adult entertainment parlor hcense
or employee hcense shall be set forth m the manner described m SectIOn 3 6
1 6 InspectIOns. The premIses of all massage adult entertainment parlors shall be
mamtamed m a safe and samtary manner An apphcant for a hcense called for herem
shall be consIdered to consent as a condItIOn of receIVmg such hcense to mspectIOn by
the ChIef ofPohce or the Buildmg OfficIal or theIr deSIgnees dunng hours when such
busmesses are open. The purpose of such mspectIon shall be to detenmne If the
hcensed premIses IS operated m accordance wIth the reqUIrements of thIS chapter It
IS hereby expressly declared that unannounced mspectIons are necessary to ensure
comphance wIth thIS chapter
1 7 Hours of operatIOn. All nlassage. adult entertainment parlors shall be closed, and all
servIces performed therem dIscontmued, between the hours of 12.30 a.m. and 8-'00
10:00 a.m.
1 8
PremIses-- LIquor prohibIted. LIquor (as that term IS defined m the Washmgton State
Alcohohc Beverage Control Act) shall not be dIstributed or consumed on the premIses
of any massage. adult entertainment parlor
o
1 9 ViolatIOn deemed a pubhc 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.
1 10 ViolatIOn deemed a mIsdemeanor Any person, firm or corporatIOn vI01atmg 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 Pohce ChIef, CIty Attorney or duly appomted
agent of eIther
SectIOn 2 ADULT BUSINESSES
2 1 DefimtIons.
CityofYclmOrd.737
Page 18 of43
ds/ shelly /aebcorrespond
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Exhibit 2 - Ordinance No 737
City ofYelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
2.1 1 "Adult Arcade" shall mean a busmess where, for any form of consIderatIOn,
one or more still or motIOn pIcture proJectors, slIde projectors, or SImIlar
machmes, or other Image producmg machmes, for vlewmg by five or fewer
persons each, are used to show films, motIon pIctures, vIdeo cassettes, shdes,
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 busmess whIch has as one of ItS pnnclpal busmess 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, shdes, vIdeo dIsks or other vIsual representatIOns whIch are
charactenzed by the depIctIOn or descnptIOn 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 defimtIon 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 photographIc reproductIOns or aSSOCIated eqUIpment whIch are
charactenzed by the depIctIOn or descnptIOn 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 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) Fondhng or other erotIc touchmg of human gemtals, PUbIC regIon,
buttocks or the female breasts.
CityofYelmOrd.737
Page19of43:
ds/shell y laebcorrespond
Exhibit 2 - Ordinance No. 737
City ofVelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
o
2.2 Llcensmg of Busmess.
2.2.1 No person, firm, 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 busmesses 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 Council, however, until such fee IS set by such a resolutIOn, the fee
shall be $500
2.2.5 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
2.2.6 Licenses granted pursuant to thIS chapter shall expIre on December 31, of the
year for which such licenses IS issued or renewed.
o
2.2.7 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 submItted pnor to September 1, for the followmg
calendar year
2.3 Regulations relatmg to on-premIse viewmg.
2.3 1 Any adult arcade, adult bookstore, adult novelty store or adult VIdeo store
havmg facilities for customers' vlewmg of depIctIOns of human nudIty and/or
sexual conduct of any nature, mcludmg depIctions of speCIfic sexual actiVIties,
shall comply WIth the followmg regulations
( a) ConstructIOn/Mamtenance'
City ofYelm Ord. 737
Page 20 of 43
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Exhibit 2 - Ordinance No 737
City ofYelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
1.
All vIcwmg booths shall bc construct cd or rcconstructed so
that thc IntCIlOl ofthc vICWIng booth IS obsCI v able by pCIsons
In thc aIsles or odicr opcn arcas ofthc bUSIncSS such that thc
lowCI thIrtY-SIX 111.::hcs of tLc doOl 15 opcn to publrc vlCW
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 managers 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 managers 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
condItron at all trmes.
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.
n.
Hi
(b) SIgnS
CityofYelmOrd.737
ds/ shelly /aebcorrespond
1. SIgns shall bc coIisprcuously postcd on the prCIl'lISCS advrsmg
customers USIng vlewmg booths diaL There must be
permanently posted and maintained in at least two,
conspicuous locations on the interior of all adult arcadle
premises a sign stating substantially the following:
(1) NO PERSONS UNDER THE AGE OF EIGHTEEN
YEARS SHALL BE ALLOWED TO OCCUpy A
VIEWING BOOTH AT ANY TIME.
Page 21 of 43 :
h
Exhibit 2 - Ordinance No. 737
City of Yelm
January 15, 2002
RE. Adult Entertainment Business
with proposed amendments
o
(2) OCCUPANCY OF ANYSTATIONORBOOTHIS
AT ALL TIMES LIMITED TO ONE PERSON.
(3) THERE MAY BE NO CRIMINAL ACTIVITY IN
THE STATIONS. BOOTHS. OR ON THE
PREMISES. INCLUDING BUT NOT LIMITED
TO: SEXUALLY EXPLICIT CONDUCT (RCW
9.68A.Oll). ACTS OF LEWDNESS (YMC 9.16).
INDECENT EXPOSURE. PROSTITUTION.
DRUG ACTIVITY. OR SEXUAL CONDUCT. AS
DEFINED HEREIN.
(4) VIOLATORS ARE SUBJECT TO CRIMINAL
PROSECUTION.
(1) MasturbatIOn In such booths IS prohibItcd ar.d
unlawful.
(2) That It IS unlawful for mOlC than onc customcI to
occupy a vlCWIng booth at any tIme.
ii.
Each sign must be conspicuously posted and not screened
from the patrons view. The letters and numerals must be
on a contrasting background and be no smaller than one
inch in height.
o
(c) Lighting. 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 of30 lux horizontal. measured at 30 inches
from the floor and on 10-foot centers is required for all areas of
the adult entertainment business where members ofthe public are
permitted.
(d) Unlawful Conduct: The followmg conduct or actIvIty IS unlawful
CityofYelmOrd.737
ds/shell y laebcorrespond
II,
1. MasturbatIOn m vIewmg booths.
11 Two or more customers m a vIewmg booth at the same tIme.
111. The use of such booths by any person under the age of eIghteen
years.
Page 22 of 43
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Exhibit 2 - Ordinance No. 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
IV For the owner or manager to know1Ogly allow the above,
conduct.
2 4 RegulatIOns apphcable to vIdeo stores not quahfy10g as adult VIdeo stores. Video
stores that sell or otherwIse dIstribute films, motIon pIctures, VIdeo cassettes, shdes,
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 oftheu stock -1O-trade or revenues comes from the rental or sale of such
Items shall be subject to the follow1Og regulatIOns.
2.4 I All such Items as are described above shall be phYSIcally segregated and closed
off from other portIOns of the store such that these Items are not vIsible and/or
accessible from other portIOns of the store
2.4.2 No advertIs10g 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 10 both Enghsh and Spamsh shall
be posted atthe entrance to the area where such Items are dIsplayed stat10g 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.
2.4 5 Rental or sale of obscene matenal (as defined by state law) or matenal harmful
to m100rs (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 ofhcense The CIty Clerk/Treasurer shall revoke a lIcense Issued pursuant
to thIS chapter If the Clerk/Treasurer finds any of the follow1Og condItIons to eXIst:
City o[Yelm Ord. 737
Page 23 of 43 :
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L.
Exhibit 2 - Ordinance No. 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
o
2.5 1 The hcensee has made a false statement or gIVen false mformatton m
connectIOn with the apphcatton for the apphcable hcense
25.2 The hcensee has violated or permitted vIOlatIOn of any provIsIOns of thiS
chapter
2.5.3 The hcensee has been convicted of or forfeited ball to any of the cnmes which
would have caused the city to refuse to Issue the hcense upon the mlttal or
renewal apphcatIOn.
Appeal from either the demal of a hcense or the revocatIOn of a hcense shall
be made to the City council provided for m Yelm Mumclpal Code, 15 49 160
2.6
InspectIOns. An apphcant for a hcense called for herem shall be considered to consent
as a condltton of recelvmg such hcense to mspectton by the Chief of Pohce, 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
hcensed premises IS operated m accordance with the reqUIrements of thiS chapter It
IS hereby expressly declared that unannounced mspecttons are necessary to ensure
comphance with thiS chapter
o
2.7 Hours of operatIOn. Busmesses hcensed pursuant to thiS chapter shall be closed
between 12.30 a.m. and &--Be-10:OO a.m.
2.8 Violatton deemed a pubhc nUIsance Any acttvlty, act or conduct contrary to the
provIsIOns of thiS chapter IS declared to be unlawful and a pubhc nUIsance and such
acttvlty, act or conduct may be enJomed by an actIOn brought by the City Attorney or
other mterested person.
2.9 ViolatIOn deemed a misdemeanor Any person, firm or corporatton 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 vIOlatton IS committed, contmued or permitted. No person shall be
deemed guIlty of any VIOlatIOn of thiS chapter If actmg m an mvesttgattve capacity
pursuant to the request or order of the Pohce Chief, City Attorney or duly appomted
agent of either
CityofYelmOrd.737
Page 24 of 43
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Exhibit 2 - Ordinance No 737
City ofYelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
SectIon 3.
ADULT LIVE ENTERTAINMENT CENTERS.
3 1
DefimtIOns. The followmg words and phrases shall have the followmg meanmgs for
purposes of thIS chapter
3 1 1 "Adult hve entertamment center" means a busmess havmg, as parts of ItS trade,
hve 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 entertamers, who work m
or at or render any servIces dIrectly related to the operatIOn of any adult lIve
entertamment center
3 1.3 "Entertamer" means any person who prOVIdes entertamment wlthm an adult
hve entertaInment center as defined m thIS sectIOn whether or not a fee IS
charged or accepted for such entertaInment.
3 1 4 "EntertaInment" means any exhibItIon or dance of any type, removal of artIcles
of clothmg, pantomIme, modelmg or any other performance.
3 1.5 "Operator" means any person operatmg, conductmg or mamtammg an adult
lIve entertaInment 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 ImmedIately above
the top of the areola.
(b) Human male gemtals m a dIscernibly turgId state, even If completely
and opaquely covered.
3 1 7 "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
City ofYelm Ord. 737
Page 25 of 43 :
ds/shell y laebcorrespond
Exhibit 2 - Ordinance No 737
City of Yelm
January 15, 2002
RE.
Adult Entertainment Business
with proposed amendments
o
(c) Fondlmg or other erotIc touchmg of human gemtals, pubIc regIon,
buttocks or the female breasts.
3.2 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 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.
3.2.1 No poson employed III the sale or servIce of food andlOl dunk wlthm.an adult lIve
entertalml1ent center shall be tlIlclothed 01 In such aUne, costume 01 clothIng so as to
expose, wIth less than a fully opaque covelIllg, any portIOn of the llulTIan gemtals,
pubIc regIOn, buttocks and the female breasts bclow a pomt nnmedlatcly above the top
of the aleola.
o
(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.
3.2.2 No person employed or othel wIse pelmlttcd to eOllvelse, danee 01 11lIngle wIth the
pa:ttons wIthIn an adult hve entertall11l1ent centCl shall be unclothed 01 In such attne,
costunle 01 clotllIng as described In SectIon 3.2.1
(c) An employee mingling with a member ofthe public may not wear
CltyofYelmOrd.737
Page 26 of 43
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Exhibit 2 - Ordinance No 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
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.
3.2 3 No pcrson described III Sections 3.2.1 and 3.2.2 shall encourage or peTI'lllt <my person
upon the plemlses to touch, caress or fondle the breasts, buttocks, anus or gemtals of
any other pel son.
(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.
3.2.4 No person described In Sections 3.2.1 and 3.2.2 shall wear or use any devrce or
eOvenng exposed to vlCW WhICh SImulates the breast, gcmtals, anus, pubIC 112111 or any
portIon thcrcof.
(e)
An employee may 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 (YMC) 9.16. the Citys lewd conduct
provision or any provision regulating offenses against public,
morals.
3.2.5 No person describcd In Sections 3.2 1 and 3.2.2 nor any entcrtaIncr shall perform acts
of or acts whIch SImulate
(a) Sexual IntelcoUlse, mastUlbatiOn, sodomy, bestIahty, oral copulatiOn,
flagellatiOn or any sexual acts whICh ale prohibIted by law,
(b) The touChlllg, caI eSSIng or f'OIldhng oftl.e bI casts, buttocks 01 gemtals,:
( c) Thc dIsplay Ing of the PUbIC han, anus, v til va or gCllltals.
(f) 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.
City ofYelm Ord. 737
Page 27 of 43 '
ds/shelly /aebcorrespond
Exhibit 2 - Ordinance No. 737
City of Yelm
January 15, 2002
(g)
RE
Adult Entertainment Business
with proposed amendments
o
four feet from the member of the public for whom the dance.
performance or exhibition is performed. The distance of four feet
is measured from the torso of the dancer to the torso. of the
member of the public.
No patIon shall be permItted to dneetly or Indncctly payor give any
gratuIty to any entertainer A tip or gratuity offered to or accepted
by an entertainer may 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
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 ofthe entertainer.
o
(h) No entertamer shall be penmtted to SOlICIt any payor gratuIty from any
patron and/or SOlICIt the purchase of any food or dnnk by any patron.
J.2.G No entcrtaIncr who IS unclothed orlllsuch attne, costume or clothmg as described m
SectIOn 3.2.1 of thIS chapter shall pelfo1l11 elsewhere WIthin an adult elftertalnnlent
center other thal1 upon a stage at least eIghteen Inches above the llnmed11tte floor level
whele patrons arc seated or stand, and rC1110ved at least SIX feet flom the nearest
pabon.
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
City ofYelm Ord. 737
ds/shelly laebcorrespond
Page 28 of 43
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Exhibit 2 - Ordinance No. 737
City otYelm
January 15, 2002
RE.
Adult Entertainment Business
with proposed amendments
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 aduU
entertainment business.
(b) N either the performance. nor any photograph. drawing. sketch or
other pictorial or graphic representation of the performance.
displaying any portion of the breasts below the top of the areola or
any portion of the pubic region. buttocks. genitals. and/or anllls
may take place or be located so as to be visible to minors who are
or may be outside of the adult entertainment business.
(c)
A member of the 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 persoID.'
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 persons job duties.
o
(d) Restrooms may 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
CIty ofYelm Ord. 737
Page 29 of 43 :
C ds/shelly/aebcorrespond
Exhibit 2 - Ordinance No 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
o
entertainment business. that police officers or County health. code
enforcement. fire. licensing. or building inspectors are
approaching or have entered the premises.
3.3 OperatIOn 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
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 occumng wlthm an adult lIve entertamment
center shall be VIsible at any tIme from outSIde such hall.
3.3.3 At least one secunty 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 peFeach hour of
operatIOn. All secunty persons shall wear a umform whIch WIll make such
persons readily recognIzable as secunty personnel.
o
3.34 AdmIssIOn shall be restncted to persons of the age of eIghteen years or over
3.3.5 SuffiCIent lIghtmg 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 tImes.
3.3 6 An adult lIve entertamment center shall be closed between 12 30 a.m. and 8-'-00
10:00 a.m.
3.3 7 No operator or employee of an adult lIve entertamment center shall serve, sell,
dIstribute or permIt the consumptIOn or posseSSIOn of any mtoxlcatmg lIquor
or controlled substance upon the premIses of such busmess, mcludmg parkmg
lots under the control of the operator
CltyofYelmOrd.737
Page 30 of 43
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Exhibit 2 - Ordinance No 737
City otYelm
January 15, 2002
Adult Entertainment Business
with proposed amendments
RE
3.3 8 An operator of an adult lIve entertamment center shall conspIcuously dIsplay
the lIcense reqUIred by thIS chapter m an area open to patrons of such,
establIshment.
3.3 9 No operator of an adult lIve entertamment 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 lOAn operator of an adult lIve entertamment center shall mamtam and retam for
a penod of two years - names, addresses and ages of persons employed as
entertamers by lIcensee.
34 LIcensmg of bus mess.
3 4 I No person, firm, partnershIp, corporatIon or other entIty shall operate an adult
lIve entertamment center wIthout first obtammg an adult lIve entertamment
center lIcense Issued pursuant to thIS chapter
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.
3 4.3 ApplIeatIOn5 fOI adult II ve elit('lialllment eent('I lIecli5e5 5hall be made to the
CIty Ckrk/TrcMUler An application for an adult live entertainment center
license must be submitted to the City ClerklTreasurer in the name ofthei
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 penalty of perjury. An application must be submitted on a
form supplied by the City ClerklTreasurer. which must require the
following information:
3 4.3 An applIcatIOn for an adult II ve entoialllnlCnt cClIteI lIcen5e 5hall be vcnficd'
and 5hall provIdc thc followmg m[onnatIol1
CltyofYelmOrd.737
Page 31 of43 :
ds/ sh el Iv / aebcolTespond
Exhibit 2 - Ordinance No 737
City of Yelm
January 15, 2002
(a)
(b)
(c)
(d)
(e)
CityofYelmOrd.737
ds/shelly laebcorrespond
RE
Adult Entertainment Business
with proposed amendments
o
TIle full name and alIas (past or present), addIess, telephone number,
pnneIpal occupatIOn and date of bIrth of the applIcant al1d of the
1ll.anagIng agent or agents of the busIness, For the applicant and for
each applicant control person. provide: Name(s). date(s) of birth.
any aliases or previous names. drivers license number(st social
security number(s). and mailing and residential address(es):
The busmess 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 descnptIOn of the nature of the busmess;
Whether the busmess or proposed busmess IS the undertakmg of a sole
propnetorslup, 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, including date and place of incorporation 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 of the outstandmg 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:
TIle names, addresses, telephone numbcls and pllhelpal oeeupatIOl1S
of every pelson, par1nelshlp 01 corporatIon havIng any Intel cst In tile
leal 01 pelsonal property utilIzcd 01 to be utilIzed by the buslIless or
proposed bUSIness, 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:
Wllethe1 the applIearlt, or any pelson Icqulled to be named by thIS
sectIOn, llas (vcr beel1 cOhvletcd of 01 fOlfelted bail for any cnIne,
excludIng mInor traffic offenses; and, Ifso, the applIcatIOn sllall state
the person 1l1volvcd, the ehalge, date, court and dISposItIOn of the
o
Page 32 of 43
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Exhibit 2 - Ordinance No 737
City of Yelm
January 15, 2002
(t)
(g)
(h)
(i).
(j)
(k)
(I)
(m)
City ofYclm Ord. 737
ds/shcll y lacbcom:spond
RE
Adult Entertainment Business
with proposed amendments
cllaIgc. 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 if so. 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 business. including a legal description of the'
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. or 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
Page 33 of 43 :
,
,
,
Exhibit 2 - Ordinance No 737
City of Yelm
January 15, 2002
RE.
Adult Entertainment Business
with proposed amendments
marked dimensions of the interior of the premises. Performance
areas. seating areas. managers 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 of Yelm
building code requirements.
3 4 4 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
lIve entertamment center lIcense, the City Clerk/Treasurer 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 applIcatIOn for an adult
hve entertamment center hcense, the CIty Clerk/Treasurer shall Issue the
lIcense unless advIsed by the Commumty Development Department that the
use or proposed use of the premIses, does not have the applIcable land use
approval as per the CIty'S zomng code or other applIcable land use laws and
regulatIOns, or the City Clerk/Treasurer IS advIsed by the buildmg department
that the buildmgs upon the subject premIses faIl to meet the reqUirements of
the buildmg, fire, mechamcal or plumbmg codes apphcable to the proposed
use; or the CIty Clerk/Treasurer IS mfonned by the polIce department that the
owner, partner, or stockholder holdmg more than five percent of the
outstandmg shares of the owmng corporation has been convIcted of or
forfeIted bail for any cnme whIch may reasonably mdlcate a likelihood of
future VIOlatIOn of the terms of thIS chapter by such owner, partner, or
stockholder Issuance of the hcense reqUired m thIS chapter shall not constitute
a Waiver of or exemptIOn from the apphcatIOn of any land use, bUIldmg, health
or safety laws pertment to the proposed use.
3 4 7 An adult hve entertainment center hcense shall expIre on December 31 st of the
year for whIch It IS Issued or renewed.
City ofYelm Ord. 737
Page 34 of 43
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Exhibit 2 - Ordinance No 737
City ofYelm
January 15, 2002
RE.
Adult Entertainment Business
with proposed amendments
3 4 8 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
3.4.9 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.
3 5 LIcensmg of Managers and Entertamers.
3.5 1 No pClson shall pClform as an cntcrtamcr at an adult II vC clltcrtaInmcnt ccntcI
without first obtaInmg all cntcrtamcr's hCChSC Issued by thc CIt)J1
Clcrk/Tr casUl cr A person may not work as a manager. assistant manager.
or entertainer at an adult entertainment business without a managers or
an entertainers license from the City Clerk/Treasurer. An applicant for
a managers or entertainers license must complete an application on forms
provided by the City ClerklTreasurer containing the information
identified in this subsection. A nonrefundable license fee must accompany
the application. The City ClerklTreasurer shall provide a copy of the
City ofYelm Ord. 737
Page 35 of 43 :
ds/she II Y laebcorrespond
Exhibit 2 - Ordinance No. 737
City otYelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
o
application to the Police Department for its review. investigation and
recommendation. An application for a managers or entertainers license
must be signed by the applicant and certified to be true under penalty of
perjury. The managers or entertainers license application must require
the following information:
J 5.2 An applIcation fOI an cntcrtameI '5 lIcense shall be venfied and shall provldc
the followmg mfo1ll1atIon.
(a) Tl1c applIcant's full name and address, 110me address, homc telephonc
number, datc ofb1l1h and alIascs (past or prcscnt), The applicants
name. home address. home telephone number. date and place of
birth. fmgerprints 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) The name and addr ess 0 f the establIshmcnt w l1eI e the applIcant mtends
to perfolm as ah entertamer The name and address of each business
at which the applicant intends to work:
(c) All pIlOt convIctions ofthc applIcant, excludmgmmor trafficoffcl1scs,
mcludmg the charge, datc, court and dIsposItion of chargc A
complete statement of all convictions of the applicant for any
misdemeanor or felony violations in-the jurisdiction or any other
city. 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:
o
i. A motor vehicle operators license issued by any state
bearing the applicants photograph and date of birth:
n. A state issued identification card bearing the applicants
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
CityofYelmOrd.737
Page 36 of 43
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Exhibit 2 - Ordinance No. 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
v. Any other identification that the licensing administrator
determines to be acceptable and reliable.
(e) A description of the applicants principal activities or services to be I
rendered:
(f) Two 2-inch by 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.
3.5.2 All applIcants shall be rcqulled to be fil1gcrpnnted by the pohce department
and subndt a CUllent faCial vIew photograph.
3 5.2 ApphcatIOns 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
$100 00
3.5.3 The CIty Clerk/Treasurer shall transmIt the apphcatIOn for an entertamer's
hcense to the pohce department wlthm five days after ItS receIpt.
3.54 The CIty Clerk/TreMurer shall, \\>lthm twenty days after receIpt of the
applIcatiOn, Issue the entertamcr's hccnse unless thc CIty Clerk/TrcMurcr IS
mf011.11Cd by the pohce dcpartnlcnt that the applIcaIJt lias bcen COlIvlcted 01
fOlf'Cltcd bail to a crlUIC 01 cllnlCs Whldl would llIdlcatc a lcasolIable
likelihood diat thc apphcant would vIOlatc tIlC tC11uS of thIS chaptcllf so
hcenscd. The City Clerkffreasurer shall issue an adult entertainment
business managers or entertainers license within twenty calendar days
from the date the complete application and fee are received unless -the,
City 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'
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
City ofYelm Ord. 737
Page 37 of 43 :
ds/shelly laebcoITespond
Exhibit 2 - Ordinance No. 737
City ofYelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
o
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
does 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 entertamer's lIcense shall expIre on December 3151 of each year m
whIch It IS Issued or renewed.
3.56 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
3.5.7 Every 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 during business hours of the adult entertainment
business.
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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 entertainers
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
City ofYelm Ord. 737
Page 38 of 43
ds/shelly /aebcorrespond
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Exhibit 2 - Ordinance No. 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
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
entertainers license~
3.6.2 The licensed manager on duty shall not be an entertainer~
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3.6.3 The manager licensed under this ordinance shall maintain visual
observation from a managers station of each member of the public and
each entertainer at all times any entertainer is present in the public or
performance 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 managers 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 managers 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
CttyofYehnOrd.737
Page 39 of 43 :
o ds/shelly/aebcorrespond
Exhibit 2 - Ordinance No 737
City ofYelm
January 15, 2002
RE. Adult Entertainment Business
with proposed amendments
o
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
railing affIxed to the floor and measuring at least three feet in height and located
at least eight feet from all points of the 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 managers 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 Li2htin2. 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 Sit!lls. 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:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULA TED BY
THE LAWS OF YELM CITY. THURSTON COUNTY.
ENTERTAINERS ARE:
A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL
CONDUCT.
B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE.
EXCEPT ON STAGE.
e. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN
ADVANCE OF THEIR PERFORMANCE.
D. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES
DIRECTLY FROM PATRONS WHILE PERFORMING UPON
ANY STAGE AREA OR IN ANY ARCADE STATION OR
BOOTH.
CitvofYelmOrd.737
Page 40 of 43
ds/shell y /aebcorrespond
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Exhibit 2 - Ordinance No. 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
3 8 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:
(a) The lIcensee has made a false statement or gIVen false mformatIOn m
connectIon wIth the applIcatIOn for the applIcable lIcense
(b) The lIcensee has vIOlated or penmtted vIOlatIOn of any provIsIons of thIS
ordmance.
(c) The lIcensee has been convIcted or forfeIted bail to any of the cnmes whIch
would have caused the dIrector to refuse to Issue the lIcense upon the mItIal or
renewal applIcatIOn.
3 8 1 Appeal from eIther the demal of a lIcense or the revocatIOn of a lIcense shall
be made to the CIty council provIded for m Yelm MUnICIpal Code, 15 49 160
3.9
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 mspectIOns are necessary to ensure
complIance WIth thIS chapter
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SectIon 4.
ExemptIon from proVIsIOns. ThIS ordmance does not apply to premIses whIch are
pnmanly devoted to theatncal performances where there are seats arranged so that the
body of spectators has an unobstructed VIew of the stage for vIewmg performances of
artIstIc expressIOn and where such perfonnances are not mCIdental to the promotIOn
of the sale of food and/or dnnk, and where patrons are not permItted to touch, caress
or fondle the actors or entertamers performmg therem.
4.1 This ordinance does not prohibit
(a) Plays. operas. musicals. or other dramatic works that are not
obscene, or
(b) Classes. seminars and lectures which are held for serious scientific,
or educational purposes and which are not obscene, or
CIty orYelm Ord. 737
Page4! of43:
C ds/shelly/aehcorrespond
l.
Exhibit 2 - Ordinance No. 737
City of Yelm
January 15, 2002
RE.
Adult Entertainment Business
with proposed amendments
o
(c) Exhibitions. performances. expressions or dances that are not
obscene.
(d) The exemptions in 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) (ij) and (iij).
Whether or not activity is obscene shall be judged by consideration
of the standards set forth in RCW 7.48.010 (2).
SectIon 5. ViolatIOn--NUIsance. Any actIvIty, act or conduct contrary to the prOVISIOns of thIS
ordmance 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.
SectIOn 6. ViolatIOn--Penalty Any person, firm 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 7. SeverabIlIty If any prOVISIOns of thIS ordmance or ItS applIcatIon to any person or 0
CIrcumstances IS held mvalId, the remamder of the ordmance or the applIcatIon of the proVISIOns to
other persons or CIrcumstances IS not affected.
SectIon 8. EffectIve Date. ThIS ordmance shall become effectIve five days followmg ItS passage
and publIcatIOn as reqUIred by law
PASSED by the Council ofthe CIty ofYelm, Washmgton, at ItS regular meetmg on the 27th day of
June, 2001
CITY OF YELM, WASHINGTON
Adam RIvas, Mayor
AuthentIcated.
Approved as to form.
CitvofYelmOrd.737
Page 42 of 43
ds/shelly laebcorrespond
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Exhibit 2 - Ordinance No 737
City of Yelm
January 15, 2002
RE
Adult Entertainment Business
with proposed amendments
Agnes P BennIck, CIty Clerk
Attorney. Brent DIlle
Owens DavIes MackIe
PUBLISHED Nlsqually Valley News, July 6,2001
EFFECTIVE. July 10, 2001
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City ot'Yelm Ord. 737
Page 43 of 43 :
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Prior to Adoption of Growth Management Act.
1988 - Yelm and Thurston County begin work on Joint Planning to determine the future growth area of Yelm ,
,
1988-1990 - Public forums between Yelm and Thurston County Planning Commissions, Yelm City Council and Board of
County Commissioners held to discuss transportation, utility planning and zoning in the area then referred to as "Yelm's
Sphere of Influence"
1990 - Southwest Yelm Annexation area approved
Washington State Adoption of Growth Management Act (GMA)
1990 - Growth Management Act (GMA) adopted Thurston County and its cities and towns required to adopt plans, as per
GMA criteria
1991 - Thurston County adopts Yelm Joint Plan and Sphere of Influence (developed 1998-1990) until work is completed as
per the GMA.
1991 - Work begins on Comprehensive Plan The following consultants were utilized to assist in the development of the plan
o Sandy Mackie, Owens Davies Mackie - Urban Growth Boundary, Land Use, Critical Areas and overall
GMA compliance,
Tom Skillings - Utility Planning,
Perry Shea - Transportation Planning.
1991 - February 1995 - As plan components were drafted, public work sessions and hearings were held to seek ir;1put to
guide the plan development:
Ye/m Planning Commission - held 9 public work sessions and 2 public hearings,
Yelm City Council - held 7 public work sessions and 1 public hearing.
Nisqually Valley News and Olympian published articles of plan progress including map showing short and long-term,urban
growth boundaries and proposed zoning.
February 1995 - "City of Yelm Comprehensive Plan and Joint Plan with Thurston County" was adopted by Yelm City,Council
and Board of County Commissioners. The Plan established the vision of the City of Yelm for the next 20 years
Julv 1995 - Zoning Code drafted Reviewed and adopted by Planning Commission and City Council to begin implementation
of policies and zoning identified in adopted Comprehensive Plan
1995 - Development Guidelines drafted Reviewed and adopted by Planning Commission and City Council to implement poli-
cies and guide development as per the adopted Comprehensive Plan
1995 - Current - Capital Facilities Plan developed and updated identifying projects to implement Comprehensive ~Ian
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Transportation, parks and open space, public facilities, water and sewer/reclamation projects planned, funded and:'completed
all in response to 1995 Comprehensive Plan to provide services and facilities to meet the needs of the citizens of Yelm and
urban growth area
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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: JANUARY 22,2002
TIME: 4 00 PM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS
Public Hearing(s):
Amendment to Yelm Municipal Code Title 17.64, Adult
Entertainment Facilities.
1.
NAME & ADDRESS
MAILING LIST? / SPEAKER?
(Indicate which public heari~g by
the assigned numbers above)
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City ofYelm
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105 Ye/m Avenue West
PO Box 479
Ye/m, Washington 98597
(360) 458-3244
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AGENDA
CITY OF YELM PLANNING COMMISSION
TUESDAY, JANUARY 22,2002,4.00 P.M
YELM CITY HALL COUNCIL CHAMBERS, 105 YELM AVE. W
1 Call to Order, Roll Call, Approval of Minutes
December 17,2001 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.
Staff Report Enclosed
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4. Update - City Council Briefing of Hearing Examiner Ordinance
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5. 2002 Comprehensive Plan
a. History of Comprehensive Plan Development - Shelly Badger
b Overview of Requirements and Critical Areas Ordinance - Cathie Carlson
6. Other.
Discussion of possible meeting date and time changes
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 shall be:
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MONDAY, FEBRUARY 4,2002 - 4:00 P.M.
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City ofYelm
105 Ye/m Avenue West
PO Box 479
Ye/m, Washington 98597
(360) 458-3244
CANCELLATION
NOTICE
The Januarv 7,2002, 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, JANUARY 22,2002, at 4:00 pm.
CJ If there are, any questions concerning this change, please call the Community
Development Department at (360) 458-3835
ATTEST
6;1:4 y).AM.1te.'---
Agnes Bennick
City ClerkfTreasurer
DO NOT PUBLISH BELOW THIS LINE
Posted Monday, December 31,2001
Published in the Nisqually Valley News Friday, January 4, 2002
Mailed to the Planning Commission mailing list. Monday, December 31, 2001
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