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2014 08 29 Oyster - Appeal City o f Ye l m Fee — Date Received RA,bi VIM ') By A kN File No. O Community Development 7AUG CEI Department NOTICE OF APPEAL 2 9- 014 1iMA�i/fN674M BY. Fee: Staff Decision - $50.00 Hearing Examiner Decision - $100.00 (In addition, any professional service charges per Resolution #358) A Closed record appeal may follow either an open record hearing or an open record administrative decision on a project permit application when the appeal is on the record, and no or limited new evidence or information is allowed to be submitted. Appeals on Category I & II project decisions are heard by the City Council. Appeals on Category III & IV project decisions as well as Category I & II decisions which have been appealed to the City Council go to Superior Court and follow the judicial review process set forth in RCW 366.70C. A Notice of Appeal must be filed within 14 days of Notice of Final Decision. PROJECT CASE NUMBER BEING APPEALED 5 4L-�4-CN60 DATE OF NOTICE OF FINAL DECISION 14-16vs-r i, 2•��y APPELLANT(S) STfrZ 9,9 y &d 11P Mailing Address oP.45X PC 'Co S'✓ �/d• 8 `� City, State and Zip C f-rM/1/# , t%✓;* 9d'S 0 2 Telephone (3rB') 3 s2- — /970 EMAIL -J�,+>'e J aC,c��✓..✓ET SPECIFIC ITEMS OF DECISION BEING APPEALED (attach additional sheet if necessary): affirm that all answers, statements and information contained in and submitted with this application are complete and accurate to the best of my knowledge. I also affirm that I am the owner of the subject site or am duly authorized by the owner to act with respect to this application. Further, I grant permission from the owner to any and all employees and representatives of the City of Yelm and other governmental age ies to enter upon and inspect said property as reasonably necessary to process this application. I a ree to pay all fees of the City that apply to this application. Signed Date 105 Yelm Avenue West (360)458-3835 Yelm,WA 98597 (360)458-3144 FAX www.ei.yelm.wa.us f G 0 L D S T E I N a� �a� .._ Para 4a Is Jay A.Goldstein Donna Waite,LPO LAW OFFICE PLLC Shawn M.Bunce,JD,CPA Karen Dietrich Jason M.Zittcl 1800 Cooper Point Road SW,No.8,Olympia,WA 98502 Accountant Chris M.Mcdaycki T(360)352-1970 1 www.jaglawnet I F(360)357-0844 Marlene Biggs,EA August 29, 2014 City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 RE: Oyster Bay Group 3, Inc. and property at 1405 Yelm Avenue East, tax parcel 22730140400; Notice of Appeal pursuant to YMC 15.49.160(A); Specific Items of Decision Being Appealed. Dear City of Yelm: This letter is intended to supplement the City of Yelm, Community Development Department's Notice of Appeal form and clearly outline the reasons this appeal is before the Hearing Examiner. A. Decision Being Appealed Appellant, Oyster Bay Group 3, Inc. (hereinafter "Oyster Bay"), by and through its attorneys, Jay A. Goldstein Law Office, PLLC, hereby appeals the Community Development Director's land use decision, which denied Oyster Bay's application for a permit for an exemption from the site plan review process pursuant to YMC 17.84.010(B). The Community Development Director's formal decision was memorialized in a letter from Yelm City Attorney, Brent Dille, dated August 21, 2014. EXHIBIT A. In relevant part, the letter states: [T]he Community Development Director issued an administrative decision that a site plan review approval is required to convert the use of the subject property from automobile sales to general retail. This determination was documented in two separate letters to the property owner both dated January 2, 2014, and letters to your client (Oyster Bay Group 3, Inc.) dated June 30, 20141 and August 6, 20142. ... Regardless of the previous notifications, you may consider this letter as notice of the final decision by the Community Development Director that your client's proposed use requires a site plan review approval. 'Attached as Exhibit B. 2 Attached as Exhibit C. August 29,2014 Page 12 Oyster Bay Group 3,Inc. and property at 1405 Yelm Avenue East,tax parcel 22730140400; Notice of Appeal pursuant to YMC 15.49.160(A); Specific Items of Decision Being Appealed. Exhibit A. Oyster Bay appeals the decision of the Community Development Director denying the permit for an exemption from site plan review, as memorialized in Attorney Dille's letter and documented in prior correspondence. B. Background of the Appeal Oyster Bay is a profit corporation with a current business license for the retail sale of marijuana. EXHIBIT G. Oyster Bay holds a leasehold interest in the property located at 1405 Yelm Avenue East,tax parcel 22730140400 (hereinafter"subject property"). Oyster Bay is being financially damaged each day that the City of Yelm refuses to issue a permit exempting the Oyster Bay and the subject property from site plan review. Oyster Bay is being damaged where it is unable to sell its product as licensed by the Liquor Control Board of the State of Washington, and where the City's illegal action in violation of the mandatory language of the Yelm Municipal Code amounts to tortious interference with Oyster Bay's business expectancy. C. Specific Items of Decision Being Appealed Oyster Bay contends that pursuant to its application3 and based on its planned use of the subject property, Oyster Bay is entitled to a permit for an exemption from the site plan review process under YMC 17.84.010(B). YMC 17.84.010(A)—(B) state: 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 YMC. B. Exemptions from site plan review and approval shall be granted by the site plan review committee if. 1. There is no addition of square feet or no additional tenant, or the expansion is for storage only (future conversion of storage area would require compliance with this chapter); 2. The proposed use is similar as classified by the Standard Industrial Code Classification Manual; Appellant has made various attempts to apply for a permit, all of which have been denied. See generally EXHIBITS A,B and C.Notwithstanding previous attempts, let this document again serve as formal application for a permit for an exemption from site plan review pursuant to YMC 17.84.010(B). 4 "The site plan review committee shall consist of the following members: the community development director, who shall serve as chair;the city engineer,and the building official,or their designees."YMC 17.84.010(D). August 29,2014 Page 13 Oyster Bay Group 3,Inc.and property at 1405 Yelm Avenue East,tax parcel 22730140400; Notice of Appeal pursuant to YMC 15.49.160(A); Specific Items of Decision Being Appealed. 3. The building has been occupied within the previous 18 months. YMC 17.84.010(A)—(B) (emphasis added). The Community Development Director denied Oyster Bay's application for a permit for an exemption from site plan review pursuant to YMC 17.84.010(B) based on the following: 1) "because the previous land use approval ...was issued specifically for automobile sales"; and, seemingly 2) because the International Building Code occupancy designation of the prior business use was "B,"whereas the occupancy designation of Oyster Bay's planned use is "M." See EXHIBIT A. These two statements are conclusory, have no basis in law, and have no applicability under the operative code section—YMC 17.84.010. Furthermore, the statements violate the mandatory plain language of the Yelm Municipal Code, and therefore constitute arbitrary and capricious illegal action by the City of Yelm. As such, the Community Development Director has failed to provide any showing of why Oyster Bay is not entitled to a permit exempting its planned use from site plan review pursuant to YMC 17.84.010(B). Oyster Bay further contends that the Community Development Department has clearly and erroneously failed to follow YMC 17.84.010(B), which mandates that "exemption from site plan review and approval shall be granted" where all three elements are met under the facts of the case at hand. The three elements of YMC 17.84.010(B) are met in the case at hand as explained below. First (1), Oyster Bay has not added, and does not plan to add, any square footage or an additional tenant to the subject property. Therefore, YMC 17.84.010(B)(1) is satisfied. Second (2), the proposed use is similar to the prior use as classified by the Standard Industrial Code Classification Manual (hereinafter "SIC"), and site plan review was completed for the prior use. See attachment to EXHIBIT A. The SIC classifies industries into ten "Divisions" (Divisions A through J). EXHIBIT D. Division G: Retail Trade, is the relevant Division in this case and contains three "Major Groups" which bear on element (2). The Major Groups are: Major Group 52: Building Materials, Hardware, Garden Supply ...; Major Group 55: Automotive Dealers And Gasoline Service Stations; and, Major Group 59: Miscellaneous Retail. The prior use of the subject property, for which site plan review was completed, was as an automotive dealer classified under Division G: Retail Trade of the SIC. Oyster Bay's planned use of the subject property is similar, where its use also falls under Division G: Retail Trade of the SIC. Therefore,the uses are similar and YMC 17.84.010(B)(2) is satisfied. August 29,2014 Page 14 Oyster Bay Group 3,Inc.and property at 1405 Yelm Avenue East,tax parcel 22730140400; Notice of Appeal pursuant to YMC 15.49.160(A); Specific Items of Decision Being Appealed. In the interest of clarity, the "Divisional" level of the SIC hierarchy is the proper level for the YMC 17.84.010(B)(2) "similarity comparison," as based on the City of Yelm's prior application of YMC 17.84.010(B)(2). On April 23, 2014, the Community Development Director approved a permit for an exemption pursuant to YMC 17.84.010(B)(2) for use of the same property that is at issue now. The Community Development Director's exemption was granted for the retail sale of landscape supplies, bark and soil. See EXHIBIT E. In the Pre-Application Meeting findings for the landscape supply store exemption, the Community Development Department stated that "[t]he proposed landscape supply sales is a similar retail use as listed in the Standard Industrial Classification Manual. Site Plan review is not required...." Id. The landscape supply store use, like Oyster Bay's planned use, falls under Division G of the SIC; also like Oyster Bay's planned use, the landscape supply store use is classified under a different Major Group than the prior Automotive sales use, for which site plan review was completed. I.e., the landscape, bark and soil store falls under Major Group 52; Oyster Bay's planned use falls under Major Group 59; and the prior Automotive Sales use falls under Major Group 55—All Division G, yet all different Major Groups. Based on the Community Development Director's prior application of the SIC under YMC 17.84.010(B)(2), the Divisional level of the SIC hierarchy provides the proper level for the "similarity" comparison required under YMC 17.84.010(B)(2).5 Lastly, element (3) is satisfied where numerous businesses have occupied the subject property within the last 18 months. Therefore, YMC 17.84.010(B)(3) is satisfied. As evidenced above, Oyster Bay is entitled to a permit for an exemption from site plan review under to YMC 17.84.010(B), where its planned use meets all three of the required elements, and where the Community Development Director has failed to provide any basis in law showing why YMC 17.84.010(B) is not applicable or how Oyster Bay does not meet the code section's requirements. D. Relief Requested Oyster Bay respectfully requests that the Hearing Examiner, upon this appeal and application, enter an order granting a permit exempting it and the subject property from site plan review pursuant to YMC 17.84.010(B). /Re t , Goldst in orney s The Community Development Department's "In the Community Development Department, we all believe in the even-handed implementation of regulations and the fair treatment of all regardless of the person or their point of view." http://www.ci.yelm.wa.us/community_development/ (Copy of page attached at EXHIBIT F). Oyster Bay is simply requesting that it be treated fairly and that the Community Development Department stand by its beliefs and provide an even-handed implementation of YMC 17.84.010(B)and the SIC. August 29,2014 Page 15 Oyster Bay Group 3,Inc.and property at 1405 Yelm Avenue East,tax parcel 22730140400; Notice of Appeal pursuant to YMC 15.49.160(A); Specific Items of Decision Being Appealed. GOLDSTEIN LAW OFFICE, PLLC JAG/dw Enc Cc: Client Cc: Yelm City Clerk Cc: Yelm Community Development Director Cc: Yelm City Engineer Cc: Yelm Building Official Cc: Yelm City Council ! f Brent F.Dille Beau l Gentry I wheeler l Peternell bdille @bgwp.net Licensed in Washington Reply to Olympia office August 21, 2014 RECEIVED AUG 2 2 2014 Jay Goldstein JAY A.GOLDSTEIN LAW OFFICE,PLLC Goldstein Law Office PLLC 1800 Cooper Point Road SW, No. 8 Olympia, WA 98502 Re: Marijuana Mart Dear Jay: As you know, I represent the City of Yelm; and, as promised, below please find my response to your client's contention that a site plan review is not necessary. Since January of 2014, the City has carefully considered the use of the property located at 1405 Yelm Avenue East for retail sales, including the retail sale of marijuana. The City has consistently informed the property owner, and potential tenants, that the change of use from automobile sales to general retail requires a site plan review approval. The exemptions to the site plan review process you cite do not apply because the previous land use approval (copy attached) was issued specifically for automobile sales. Additionally, the building permit for the automobile sales office was issued as a`B"occupancy under the International Building Code, while general retail sales is an"M" occupancy. Consequently, the conversion of the previously authorized very specific use to general retail requires site plan review approval. You have asked why your client is being treated differently than the landscape business proposed earlier this year. You are correct that the Site Plan Review Committee carefully reviewed a proposed bulk landscape business, which is not a general retail business. Additionally, the use would be the same `B" occupancy as the automobile dealership. The Committee determined that the specific proposed use was similar to the approved use; and, therefore, a site plan review approval was not required. As pointed out above, this is not the case with your client's proposed use. Based on the foregoing, the Community Development Director issued an administrative determination that a site plan review approval is required to convert the use of the subject 910 Lakeridge Way SW 2211 Elliott Avenue,Suite 200 750 NW Charbonneau Street,Suite 205 EXHIBIT Olympia,Washington 98502 Seattle,Washington 98121 Bend,Oregon 97701 7 �.ne� Tel 360.357.2852 Tel 206.455.2887 Tel 541.593.0322 p Jay Goldstein Re: Marijuana Mart August 21, 2014 Page Two property from automobile sales to general retail. This determination was documented in two separate letters to the property owner both dated January 2, 2014, and letters to your client dated June 30, 2014 and August 6, 2014. Administrative determinations, including the categorization of a project, are appealable to the Yelm Hearing Examiner within 14 days of the decision. Regardless of the previous notifications, you may consider this letter as notice of the final decision by the Community Development Director that your client's proposed use requires a site plan review approval. Any appeal must be in writing, contain specific factual objections, and include the$50 appeal fee. Please call me if you have any additional questions or concerns. I remain . . . Yours very truly, BEAN, GENTRY, WHEELER &PETERNELL, PLLC k o — Brent F. Dille Attorney at Law BFD:sas Enclosure cc: Grant Beck, City of Yelm ' aF THgp� STAFF REPORT Off' 9r 4 M City of Yelm Community Development Department YELM WASHINGTON Case Number: SPR-07-0346-YL Applicant/Owner: Jesse and Cheryl Sojak P.O. Box 138 Yelm, WA 98597 Agent: Chris Merritt, Olympic Engineering 300 Deschutes Way SW, Suite 315 Tumwater, WA 98501 Request: Construction of a car sales lot consisting of 47 spaces for cars and a 360 square foot office with associated parking for customers and employees. Action: Approval of the Site Plan Review with conditions Findings of Fact Site Plan Review The proposal includes the construction of a car sales lot consisting of 47 spaces for cars and a 360 square foot office with associated parking for customers and employees on approximately .97 acres. A Notice of Application was mailed to local and state agencies and surrounding property owners on October 2, 2007. Comments received from Leo and Marion Lefebvre stated their concerns with the removal of existing trees and provisions for adequate screening in the form of a fence. Their property is called LeMar Acres. It is located to the west of the subject property, and is currently being used for residential purposes. A letter was sent on October 30, 2007 to Mr. and Mrs. Lefebvre in response to their comments. Screening is addressed in the landscape section of this document. Comments were received from Howard and Bettie Alexander who own the property located directly to the south of the subject parcel. They expressed concerns about the proposed entrance off of Morris Road. A letter was sent on October 30, 2007 to Mr. and Mrs. Alexander in response to their comments. Access is discussed under Ingress/Egress in the Transportation section of this document. Comments were also received from Ray Wilson who is also an adjacent property owner expressing concerns about traffic and the proposed use on the subject property. A letter was also sent to Mr. Wilson on October 30, 2007 in response to his comments. Traffic impacts have been addressed in the transportation section of this document and the proposed use has been addressed below in the property characteristics section of this document. Section 17.84.020 (C) Yelm Municipal Code allows the Site Plan Review Committee to approve a proposal when the site plan conforms to the standards, provisions and policies of the city as expressed in its various adopted plans and ordinances including the applicable sections of the shoreline master program for the Thurston Region. Property Characteristics The property is located at 10609 SE Morris Rd and is identified by assessor tax parcel number 22730140400. The subject property is bound by surrounding properties to the north and east which are commercially zoned and are being used for commercial purposes. The property to the west is also commercially zoned but is currently being used for residential purposes. The property to the south is in the Yelm Urban Growth Area and is currently occupied by a residence. The property is identified by the Yelm Comprehensive Plan Map as Commercial (C-1). Commercial uses, including minor automobile sales which permit the display and sales of less than 50 automobiles in stock at any particular time are allowed, subject to Site Plan Review. The City of Yelm will provide police protection, water service, and sewer service. Fire protection services are provided by The SE Thurston Fire/EMS (Thurston County Fire Protection District#2). Concurrency Chapter 15.40 YMC requires the reviewing authority to determine that required urban infrastructure is available at the time of development. Concurrency means the facilities necessary to serve a proposed development are in place or planned for and properly funded with a reasonable expectation that the facilities will be in place at the time needed to preserve adopted levels of service. Concurrency with sewer infrastructure is achieved pursuant to Section 15.40.020 (13)(1) YMC when the project is within an area approved for sewer pursuant to the adopted January 16,2008 Page 2 of 14 sewer comprehensive plan for the city and improvements necessary to provide city standard facilities and services are present to meet the needs of the proposed development. The City's Sewer Comprehensive Plan identifies the property as being within the sewer service area and is not currently connected to the City's STEP sewer system. The project will be required to connect to the existing sewer main located on Morris Road cul-da-sac and extend sewer lines to the site and construct all sewer related requirements to the standards of the Yelm Development Guidelines. The Improvements required to serve the project will be specifically identified during civil plan review. This satisfies the requirement for concurrency with sewer infrastructure. Concurrency with water infrastructure is achieved pursuant to Section 15.40.020 (13)(2) YMC when the project is within an area approved for municipal water service pursuant to the adopted water comprehensive plan for the city and improvements necessary to provide city standard facilities and services are present. The City's Water Comprehensive Plan identifies the property as being within the water service area and the site is currently connected to the City's water system. The project will be required to connect to extend water lines onto the site as needed to serve the proposed project. This satisfies the requirement for concurrency with water infrastructure. Concurrency with transportation infrastructure is achieved pursuant to Section 15.40.020 (5)(c) YMC when the project: • Makes on-site and frontage improvements consistent with city standards and roads necessary to serve the proposed project consistent with safety and public interest; • 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; • Makes a contribution to the facilities relating to capacity improvements identified in the adopted six-year traffic improvement program, in the form of a transportation facility charge. Frontage improvements are required for all new development within the city. Frontage requirements include improvements to the roadway from the centerline of right-of-way back towards your property. The project has frontage on Morris Road and Yelm Avenue East (SR 510). Frontage improvements on Morris Road Cul-da-sac are currently incomplete. January 16,2008 Page 3 of 14 Section 413.080 (C) Yelm Development guidelines allows the City to determine when frontage Improvements are required, and under certain circumstances may permit deferral of installation of such improvements to a later date. Concurrency with school infrastructure is achieved pursuant to Section 15.40.020 (13)(4) YMC when the developer 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. The proposed project will have no impact on the School system as it will not increase the number of students within the school district. Concurrency with Fire Protection is achieved pursuant to Section 15.40.020 (6) YMC when the developer makes a contribution to the fire protection facilities as identified in the most current version of the capital facilities plan adopted by the Yelm Fire District (SE Thurston Fire/EMS) and endorsed by resolution of the Yelm City Council. A fire impact fee will be assessed at the time of building permit issuance, based on the square footage of the building. State Environmental Policy Act The City of Yelm SEPA Responsible Official issued a Determination of Non-significance based on WAC 197-11-340 (2) on November 6, 2007. This determination is final and fulfils the City's responsibility for disclosure of potential, significant environmental impacts. The Determination of Non-significance included the following findings of fact: 1. This Determination of Non Significance is based on the project as proposed and the impacts and potential mitigation measures reflected in the following environmental documents: • Environmental Checklist (September 10, 2007 by Olympic Engineering) 2. The City of Yelm has adopted a concurrency management system as required by the Growth Management Act. Chapter 15.40 YMC (Concurrency Management) is designed to ensure that the improvements required to support development are available at the time of development. A concurrency determination may be issued for a proposal as it relates to transportation issues when: the development provides on-site frontage improvements; the project makes off-site improvements as necessary to provide for the safe movement of traffic; and the project makes a contribution to projects identified the six year transportation improvement program in the form of a Transportation Facilities Charge. January 16,2008 Page 4 of 14 3. The City of Yelm is identified as a Critical Aquifer Recharge Area, a designated environmentally sensitive area. Potential Impacts to groundwater quality and quantity will be mitigated through measures that exceed the standards in the 1992 DOE stormwater manual as adopted by the City of Yelm. Design Guidelines The property lies within a (Cl) Commercial zone and any development on the site is required to meet the City of Yelm's design guidelines based on the Mixed Use District designation. The guidelines are intended to supplement the design standards in the City of Yelm zoning ordinance. Guidelines include provisions, requirements or considerations that are in addition to the zoning ordinance standards. Street Corners New development on corner lots at street intersections must enhance the property's visual qualities at the corner. This can be achieved by installing substantial landscaping at or near the corner of the lot which includes a decorative screen wall (at least 3 foot high) with a length of at least 20 feet, along the front property line. Height and location of elements should not create a visibility or security problem. Relate Development to Street fronts All development shall include site planning measures to create an attractive street edge and accommodate for safe pedestrian access. For businesses that require outdoor display oriented to the street, such as auto sales, the street edge shall be defined by substantial landscaping which provides buffering and screening between the outdoor display area and the sidewalk edge. The proposed project is located at the intersection of Yelm Avenue East (SR 507) and Bald Hills Road. There is an existing landscaped area adjacent to the northeast corner of the site and just north of the Morris Court cul-da-sac. This landscaping scheme shall be extended to the west around the northeast property corner and along the (SR 507) frontage to the proposed access off of Yelm Avenue East (SR 507). Extending the existing landscaping allows the proposed project to meet the corner enhancement requirement along with the screening which is required for the outdoor display of vehicles. In addition to the above, the project shall provide safe pedestrian access off of Yelm Avenue East (SR 507) by incorporating a pedestrian pathway into the site from the proposed driveway access on Yelm Avenue East (SR 510). January 16,2008 Page 5 of 14 Critical Areas All of Yelm is considered a critical aquifer recharge area. Existing development regulations require the treatment of stormwater prior to infiltration into the ground as well as the containment of hazardous materials on-site address the potential impacts to this critical area. The City Critical Area Maps indicate that the property is located outside of wetlands, flood zones, and high ground water buffer areas. Transportation Yelm is a small compact community most directly affected by two state highways, SR 510 and SR 507, which bisect the community. These state routes are used by local residents for transportation throughout the City, and for access to commercial and residential areas throughout the community as well as serving regional traffic. The updated Transportation element of the Yelm Comprehensive Plan identifies a number of improvements designed to avoid the need to significantly widen existing streets, and particularly Yelm Avenue. New development impacts the transportation system in Yelm and, unless the improvements identified in the transportation plan are constructed, the City would need to require developers to pay the cost of internal street widening. Frontage improvements are required for all new development within the city. Frontage requirements include improvements to the roadway from the centerline of right-of-way back towards your property. This project will not be required to complete frontage improvements on Morris Road Cul-da-sac. The completion of full frontage improvements on Morris Road Cul-da-sac at this time would result in the mismatching of existing frontages of surrounding properties with the new frontages of the subject property. Based on the existing conditions of the street frontages and to promote public benefit, the City is in support of the deferral at this time. Although frontage improvements on Yelm Avenue East (SR 510) are complete, right-of- way dedication shall be required for the future extension of the right turn lane located on Yelm Avenue East (SR 507) at the intersection of Bald Hills Road. There is a public benefit in coordinating small improvements with a larger project such as through Local Improvement Districts (LID). Deferred frontage improvements shall be secured for installation at a later date by a waiver of protest, and 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. Right-of-Way dedication on Yelm Avenue East (SR 507) and Morris Road Cul-da-sac shall be required. January 16,2008 Page 6 of 14 Ingress/Egress The project is proposing a full access into the site which includes ingress and egress off of Morris Road Cul-da-sac. Due to the existing road configuration and traffic patterns of Yelm Avenue East (SR 507), access off of Yelm Avenue East (SR 507) can only be a right in and right out which does not allow full access for incoming and outgoing traffic. The proposed project will have two total entrances which would lessen the traffic impact on Yelm Avenue East (SR 507). The City has adopted a Transportation Facility Charge (TFC) of$1,276.00 per peak PM trip. The concurrency chapter of the Municipal Code provides a default table that is used to determine new peak PM trips generated by a proposed use. The trip generation rates will be determined at the time of building permit issuance, based on the trip generation rate for auto sales. Water Supply The City's Water Comprehensive Plan identifies the property as being within the water service area. The proposed site is currently connected to the City's water system to a water main located in the Morris Road Cul-da-sac. This water main was installed as part of a city sponsored project. The project will be required to extend the water system onto the site as needed to support the intended uses. An engineers estimate for additional water usage will be required as part of the civil plan submission. Any onsite wells must be decommissioned per Department of Ecology standards. Latecomers Connection Fee: This parcel has a water latecomers agreement recorded against the property for the installation of the water main located along the property frontage of Yelm Avenue East (SR 510). This main was installed by Prairie Lumber, Country Storage, and Yelm Telephone Company as part of a larger project. If the water main had not been installed by the above mentioned developers, the property owner would be required to extend the water main along the frontages of Yelm Avenue East (SR 510) as well the frontage of Morris Road Cul-da-sac as a requirement of the site plan review process. Each property included in the latecomers' is responsible for a pro rata share of the cost of installation of the said water main. The fee is in the amount of $5,009.65. The fee will need to be paid prior to civil plan approval. January 16,2008 Page 7 of 14 Cross Connection Control: Washington State Department of Heath, in WAC 246-490 states all group A water systems with 1000 or more connections are required by the Washington State Department of Health to develop and implement a cross connection control program. This program requires all commercial buildings and irrigation systems to have a back flow prevention device installed on the water services. A list of approved devices can be found at the above referenced Washington Administrative Code. The City of Yelm is dedicated to providing the best quality water possible to its consumers. Section 246-290-490, WAC, requires that the City take measures to ensure that contamination does not occur as a result of cross contamination. Water connections are based on a consumption rate of 900 cubic feet a month and are charged at a rate of $1,500 per a connection (fee subject to change) inside city limits. The fees will be calculated utilizing the water consumption calculations provided by your civil engineer. These fees are payable at building permit issuance. An irrigation meter may be installed for the purpose of irrigation. A backflow prevention device will be required for all landscape irrigation connections between the irrigation system and the water meter. Identified in the 2002 City of Yelm Water Comprehensive Plan is a requirement to install fire hydrant locks as part of the City's water conservation and accountability program. Sewer System The City's Sewer Comprehensive Plan identifies the property as being within the sewer service area and the site is not currently connected to the City's STEP sewer system. The project will be required to connect to the existing sewer main located on Morris Road. Improvements required to serve the project will be specifically identified during civil plan review to determine tank size based on water consumption. The proposed development falls in the 5 Corners Area LID District and has been assessed a total of 5 ERU's. The hook up fee of $3,009.00 per ERU (fee subject to change) is payable at time of building permit issuance. The current fee to connect to the City sewer system is $5,885.00 per Equivalent Residential Unit (each ERU equals 900 cubic feet of water consumption per month, fee subject to change). Stormwater Impervious surfaces create stormwater runoff which, when uncontrolled and untreated can create health, safety, and environmental hazards. The City of Yelm has adopted January 16,2008 Page 8 of 14 the 9992 Department of Ecology Stormwater Manual, which requires all development to treat and control stormwater on site. The applicant has submitted a preliminary stormwater plan which includes a conceptual design for the treatment and infiltration of the stormwater. The proposal includes Stormwater facilities consisting of catch basins with associated piping, a wet vault and biofilter strip for treatment and an infiltration trench for storage and infiltration back into the ground. An infiltration gallery with a perforated pipe is classified by the Washington Department of Ecology as an Underground Injection Control Stormwater Well which has specific requirements pursuant to State Law about stormwater treatment. The City of Yelm requires that stormwater be treated and disposed of on-site and be located outside of city right-of-way. If the perforated pipe remains in the final stormwater system, the applicant must register the UIC stormwater well with the Washington State Department of Ecology and the system must be designed to the 2005 Stormwater Management Manual for Western Washington. If designed to the 2005 Stormwater Manual, the treatment element must be prescriptive in the manual or an emerging technology that has received a general use level designation for basic treatment by the Department of Ecology. Emerging technology with conditional approval will not be permitted in Yelm. Parking The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code address parking regulations from many aspects, including, but not limited to the design of lots, the number of stalls required, pedestrian pathways within lots, and safety. The requirements of off-street parking and loading facilities and their design shall be regarded as the minimum; however, the owner, developer or operator of the premises for which the parking facilities are intended shall be responsible for providing adequate amounts and arrangement of space for the particular premises even though such space or its arrangement is in excess of the minimum set forth. Business and professional offices require (1) one parking space per every 300 square feet of gross floor area. In all parking facilities containing 25 or more parking spaces, a maximum of 25 percent of the required parking spaces may be compact. The applicant is proposing to add 5 new parking stalls and one handicap stall which will adequately serve the auto sales business. The preliminary site plan indicates that the proposed parking stalls and drive aisles are only shown to demonstrate that they do not exceed the maximum number of parking stalls allowed for the proposed use per the zoning code. A standard stall is 9 feet by 20 feet while a compact stall is 8 by 16. A loading space must accommodate a truck 45 feet in length, 12 feet in width, and 14 feet tall January 16,2008 Page 9 of 14 The Washington State Amendments to the Building Codes requires handicap accessible stalls. At least one (1) handicap stall is required. Fire Fire protection to the buildings shall be provided pursuant to the International Fire Code. The specific requirements for installation of all fire hydrants, fire sprinklers and fire lanes will be determined during civil plan review. The International Building Code (IBC) provides occupancy ratings for different types of uses. The fire coverage and sprinkler system for the proposed use must meet International Building Code requirements. A Fire Impact Fee pursuant to Section 15.40.020 (13)(6) YMC is established at a rate of $0.32 per square foot of development for all new development in the City of Yelm. Landscaping Landscaping and screening are necessary to provide screening between compatible and incompatible land uses, to safeguard privacy and to preserve the aesthetic assets of the City. Chapter 17.80 YMC requires all development to provide on site landscaping. Type I landscaping is intended to provide a very dense sight barrier and physical buffer to significantly separate conflicting uses and land use districts. A minimum of 15 feet of width shall be required when Type I landscaping design is utilized. Type I landscaping is required along the south property line adjacent to the residential use. Type 11 landscaping is intended to provide visual separation of uses from streets, and visual separation of compatible uses so as to soften the appearance of streets, parking areas and building elevation. It is used around the perimeter of a site with a minimum planting area of eight-feet in width. When used adjacent to a building, a minimum five- foot planting area shall be provided. Type II landscaping will be required around the perimeter of the site. The existing trees located along the west property line can be incorporated as part of the Type II landscaping requirement for that side. Type V landscaping is to provide visual relief in storm water retention/detention areas with vegetation that is suitable and will thrive in hydric soils. Refuse The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code provide guidance for refuse storage and screening. January 16,2008 Page 10 of 14 Refuse areas are required to be accessible by LeMay, screened with a material and design compatible with the overall architectural theme of the associated structure, at least as high as the refuse container, and must be at least six-feet in height with a gate enclosure. No refuse container is allowed between a public street and the front of a building. Refuse collection areas must be designed to contain all refuse generated on site and deposited between collections, and refuse should not be visible from outside the refuse enclosure. Conclusions of Law A. The Site Plan Review Committee has jurisdiction to consider and decide the issues presented by this request. B. The applicant has established that the request for site plan review approval satisfies all criteria set forth in Section 17.84.020(C) YMC, meets all requirements of the (C-1) Commercial zoning classification, and meets all other requirements of the Yelm Municipal Code. Therefore, the site plan should be approved subject to the following conditions: 1. The applicant shall mitigate transportation impacts based on the new P.M. peak hour trips generated by the project. The Transportation Facility Charge (TFC) is $1,276 per new pm peak trip, generated by the project. Actual costs shall be determined at building permit issuance. 2. Frontage improvements are required. The City is in support of the deferral of frontage improvements on Morris Road Cul-da-sac at this time. Right- of-way dedication shall be required on Yelm Avenue East (SR 510) for the future extension of the right turn lane located at the intersection of Bald Hills Road. Deferred frontage improvements shall be secured for installation at a later date by a waiver of protest, and commitment to participate in a Local Improvement District (LID). Right-of-Way dedication on Yelm Avenue East (SR 510) and Morris Road Cul-da-sac shall be required. 3. The proposed site shall connect to the City's water system. The connection fee and meter fee will be established at the time of building permit issuance. All conditions for cross connection control as required in Section 246-290-490 WAC shall be met prior to issuance of certificates of occupancy. An engineers estimate for water usage will be required as part of the civil plan submission. January 16,2008 Page 11 of 14 4. This parcel has a water latecomers agreement recorded against the property. The fee is in the amount of $5,009.65. The fee will need to be paid prior to civil plan approval. 5. The proposed site shall connect to the City's STEP sewer service. The connection fee will be based on water usage calculations and established at the time of building permit issuance. 6. The civil engineering plans shall include plans for the collection, treatment, and infiltration of stormwater in accordance with the 1992 DOE Stormwater Manual, as adopted by the City of Yelm. A 10-foot setback from all property lines and easements are required for stormwater facilities. If the proposal does not include an Underground Injection Control (UIC) stormwater well, the applicant shall design and construct all stormwater facilities in accordance with the 1992 Department of Ecology Manual, as adopted by the City of Yelm. The treatment element shall be consistent with the 1992 Manual or be a local approved technology, currently limited to an Aquaswirl by Aquashield, Inc. If the proposal includes an UIC stormwater well, the applicant shall design and construct all stormwater facilities in accordance with the 2005 Manual and the treatment element shall be consistent with the 2005 Manual or an approved emerging technology with a general use level designation from the Washington Department of Ecology. Best Management Practices are required during construction. Storm water facilities shall be approved by the City of Yelm and must be treated and disposed of on-site and be located outside of the City right-of-way. A final stormwater plan which includes an operation and maintenance plan is required as part of civil plan application submission. 7. Parking shall be provided in accordance with the City of Yelm Development Guideline standards. A minimum of 5 new parking stalls and one handicap stall are required. The handicap stall must be van accessible. 8. The preliminary site plan indicates that the proposed parking stalls and drive aisles are only shown to demonstrate that they do not exceed the maximum number of parking stalls allowed for the proposed use per the zoning code. A final parking layout plan shall be included as part of civil plan submittal. 9. There shall be no more than 50 automobiles for sale at any time on the premises. 10. The applicant shall continue the existing landscaped scheme located at the northeast corner of the site just north of the Morris Court cul-da-sac to January 16,2008 Page 12 of 14 the west around the northeast property corner and along the (SR 507) frontage to the proposed access off of Yelm Avenue East(SR 507. 11. The applicant must provide safe pedestrian access into the site off of Yelm Avenue East (SR 507) as described in the Design Guideline section of this approval. 12. Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. When service areas are visible from the sidewalk or adjacent properties, the elements must be screened with a screening wall and landscaping. Deposited refuse shall not be visible from outside the refuse enclosure. Screening shall be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and must be at least six-feet in height. The location and access to all refuse enclosures shall be approved, in writing, by LeMay, Inc. prior to civil plan approval. 13. Fire protection shall be provided in accordance with the International Fire Code, as adopted by the City of Yelm, and may include FDC's, fire hydrants, and/or fire lanes. Fire Impact Fee pursuant to Section 15.40.020 (13)(6) YMC is established at a rate of $0.32 per square foot of development for all new development in the City of Yelm. 14. Trees located along the west property line are to remain undisturbed and are to be included as part of the Type II landscaping requirement. Trees to remain must be protected during construction pursuant to Section 14.16 YMC 15. The civil engineering plans shall include final landscaping plans which are consistent with the preliminary plans and include the following required landscaping: a. Type I landscaping is required along the south property line in the form of a 15 foot landscape buffer. b. Type II landscaping is required adjacent to buildings and around the perimeter of the site in the form of an 8 foot landscape buffer. The existing trees located along the west property line shall be incorporated as part of the Type II landscaping requirement along the west. C. Type V landscaping is required in the storm water retention/detention areas with vegetation that is suitable and will thrive in hydric soils. d. A final detailed landscape plan is required as part of civil plan review and approval. January 16,2008 Page 13 of 14 C. The Site Plan is valid for eighteen (18) months from the date of this approval. The applicant may request a six-month extension on the approval, if the request is made in writing prior to the expiration date of this approval. If you need additional information or assistance, please call the Community Development Department at (360) 458-3835. Decision The request for site plan review approval is hereby granted subject to the conditions contained in the conclusions above. Prepared this 16th day of January 2008 Nisha R. Box, Assistant Planner APPROVED thi th day of January 2008 Granta ck, it ctor of Community Development Site ev iew Committee City of Yelm Appeal Site Plan Approval is a Type II Administrative land use approval. An appeal of this decision can be filed within 14 days from the date of this approval, pursuant to YMC, Chapter 15.49, Integrated Project Review Process. Any appeal must be in writing, contain specific factual objections, and include the appeal fee of$50.00. January 16,2008 Page 14 of 14 0,4�qCity of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 YELM WASHINGTON June 30, 2014 Bertram J. Trobman Oyster Bay Group 3, Inc. 2114 Lakemoor Drive SW Olympia, WA 98512-5530 Mr. Trobman: This letter is regarding your application to the Washington State Liquor Control Board (413370- 7B) to sell marijuana at a location within the City of Yelm. You will find attached the City's reply to the Notice of Marijuana License Application and supporting findings. Should the State choose to issue the license for this site despite our findings, you should be aware of the following permitting requirements for the site. The subject property, located at 1405 Yelm Avenue East and identified by Assessor Tax Parcel Number 22730140400, is zoned Commercial, C-1, which does allow retail sales. However, the site was previously approved and constructed as a car sales lot and converting the property to retail sales would require the issuance of a site plan review approval. Site plan review is a discretionary permit with an administrative review process. An application for site plan review approval is enclosed for your information and use. The permit process does require public notice and review, and typically takes 8 to 12 weeks to complete. The decision of the site plan review committee may be appealed to the City's Hearing Examiner by any party of interest. If you have any questions regarding the permit process, feel free to contact the Community Development Department at 360.458.3835. Sincerel Grant B yr Com nity Development Department copy - Washington State Liquor Control Board Cheryl Sojak (360)458-3835 (360)458-3144 FAX www.ei.yelm.wa.us EXHIBIT "a PY Tp9 City of Yelm M Community Development Department 105 Yelm Avenue West Yelm, WA 98597 YELM WASHINGTON August 6, 2014 Bertram J. Trobman Oyster Bay Group 3, Inc. 2114 Lakemoor Drive SW Olympia, WA 98512-5530 Mr.Trobman: This letter is regarding your pre-application meeting tentatively scheduled for August 13 with the Community Development Department. The purpose of a pre-application meeting is review the required process to obtain approval from the City for a particular development. Because you were informed of the appropriate process in a letter dated June 30, 2014, there is little else to be shared through the pre- application meeting. Attached is copy of the site plan review application for your use. The form is also available on the City's website at www.ci.yelm.wa.us in the Document Library. Please note that the requirements for a complete application are listed on page 3 of the application packet. The permit fee will be $400.00 based on a 640 square foot retail building. The following items are not required: • Tree and Vegetation Preservation Plan • Traffic Impact Analysis • Environmental Checklist • AutoCAD Drawings The process for a site plan review application is found at Chapter 17.84 YMC, which can also be found at the City"s website. As the site plan review process requires public notice and takes between 8 and 12 weeks to complete, you may wish to make a complete application in order to begin the process early. If you have any questions regarding the permit process, feel free to contact the Community Development Department at 360.458.3835. SincereI f G ra nt B k, recta' Coma}unity Development Department (360)458-3835 (360)458-3144 FAX www.ei.yelm.wa.us EXHIBIT C- 8/29r!094 1 SIC Di\ision Structure UNITED STATES SEARCH DEPARTMENT OF LABOR A to Z Index I Newsroom I Contact Lis I FAQs I About OSHA OSHA SHRRE 91 Er ... * L w + '! + Newsletter RSS Feeds Occupational Safety & Health Administration We Can Help What's New I Offices OSHA Home Workers Regulations Enforcement Data&Statistics Training Publications Newsroom Small Business Anti-Retaliation [SIC Search ] A. Division A: Agriculture, Forestry, And Fishing Major Group 01: Agricultural Production Crops Major Group 02: Agriculture production livestock and animal specialties Major Group 07: Agricultural Services Major Group 08: Forestry Major Group 09: Fishing, hunting, and trapping B. Division B: Mining Major Group 10: Metal Mining Major Group 12: Coal Mining Major Group 13: Oil And Gas Extraction Major Group 14: Mining And Quarrying Of Nonmetallic Minerals, Except Fuels C. Division C: Construction Major Group 15: Building Construction General Contractors And Operative Builders Major Group 16: Heavy Construction Other Than Building Construction Contractors Major Group 17: Construction Special Trade Contractors D. Division D: Manufacturinq Major Group 20: Food And Kindred Products Major Group 21: Tobacco Products Major Group 22: Textile Mill Products Major Group 23: Apparel And Other Finished Products Made From Fabrics And Similar Materials Major Group 24: Lumber And Wood Products, Except Furniture Major Group 25: Furniture And Fixtures Major Group 26: Paper And Allied Products Major Group 27: Printing, Publishing, And Allied Industries Major Group 28: Chemicals And Allied Products Major Group 29: Petroleum Refining And Related Industries Major Group 30: Rubber And Miscellaneous Plastics Products Major Group 31: Leather And Leather Products Major Group 32: Stone, Clay, Glass, And Concrete Products Major Group 33: Primary Metal Industries Major Group 34: Fabricated Metal Products, Except Machinery And Transportation E ui ment Major Group 35: Industrial And Commercial Machinery And Computer Equipment Major Group 36: Electronic And Other Electrical Equipment And Components, Except Computer E ui ment Major Group 37: Transportation Equipment Major Group 38: Measuring,Analyzing, And Controlling Instruments: Photographic, Medical And Optical Goods; Watches And Clocks Major Group 39: Miscellaneous Manufacturing Industries https:/Ammm.osha.gov/pls/imis/sic—manual.html / 1/3 8/2912G14 SIC Diusion Structure E. Division E: Transportation, Communications, Electric, Gas, And Sanitary Services Major Group 40: Railroad Transportation Major Group 41• Local And Suburban Transit And Interurban Highway Passenger Transportation Major Group 42• Motor Freight Transportation And Warehousing Major Group 43: United States Postal Service Major Group 44: Water Transportation Major Group 45: Transportation By Air Major Group 46: Pipelines, Except Natural Gas Major Group 47: Transportation Services Major Group 48: Communications Major Group 49: Electric, Gas, And Sanitary Services F. Division F: Wholesale Trade Major Group 50: Wholesale Trade-durable Goods Major Group 51: Wholesale Trade-non-durable Goods G. Division G: Retail Trade Major Group 52• Building Materials, Hardware, Garden Supply And Mobile Home Dealers Major Group 53: General Merchandise Stores Major Group 54: Food Stores Major Group 55: Automotive Dealers And Gasoline Service Stations Major Group 56: Apparel And Accessory Stores Major Group 57: Home Furniture, Furnishings, And Equipment Stores Major Group 58: Eating And Drinking Places Major Group 59: Miscellaneous Retail H. Division H: Finance, Insurance, And Real Estate Major Group 60: Depositor Institutions Major Group 61: Non-depository Credit Institutions Major Group 62: Security And Commodity Brokers, Dealers, Exchanges, And Services Major Group 63: Insurance Carriers Major Group 64: Insurance Agents, Brokers, And Service Major Group 65: Real Estate Major Group 67: Holding And Other Investment Offices I. Division I: Services Major Group 70: Hotels, Rooming Houses, Camps, And Other Lodging Places Major Group 72: Personal Services Major Group 73: Business Services Major Group 75: Automotive Repair, Services, And Parking Major Group 76: Miscellaneous Repair Services Major Group 78: Motion Pictures Major Group 79: Amusement And Recreation Services Major Group 80: Health Services Major Group 81: Legal Services Major Group 82: Educational Services Major Group 83: Social Services Major Group 84: Museums, Art Galleries, And Botanical And Zoological Gardens Major Group 86: Membership Organizations https:/AmAw.osha.gov/pis/imis/sic—manual.html 213 8/2914'014 SIC Division Structure Major Group 87• Engineering, Accounting, Research Management, And Related Services Major Group 88: Private Households Major Group 89: Miscellaneous Services 3. Division J: Public Administration Major Group 91: Executive, Legislative And General Government, Except Finance Major Group 92: Justice, Public Order, And Safety Major Group 93• Public Finance Taxation, And Monetary Policy Major Group 94• Administration Of Human Resource Programs Major Group 95: Administration Of Environmental Quality And Housing Programs Major Group 96: Administration Of Economic Programs Major Group 97: National Security And International Affairs Major Group 99: Nonclassifiable Establishments [SIC Search ] Freedom of Information Act Privacy&Security Statement I Disclaimers I Important Web Site Notices International Contact Us U.S.Department of Labor I Occupational Safety&Health Administration 1 200 Constitution Ave.,NW,Washington,DC 20210 Telephone:800-321-OSHA(6742) 1 TTY w vw.0SHA.gov https://vmw.osha.gov/pis/imis/sic—manual.html 3/3 b V T'Ift C . V 00f yegm OPY I Comb 105 Yelm Avenue W,eag Yelm, WA 985,917 April 23, 2014 These comments are preliminary in nature and aPe not intended to represent final Comments and or requirements for the City of Yelm. Until a complete application is made, the Community Development Department can only attempt to inform the applicant of general requirements as th Y appear n the form presented by the applicant at the time of pre-submission. 6 rm Proponent: Project Proposal: Retail sales of landscape supplies, bark and soil. Project Location: 1405 Yelm Avenue E Tax parcel numbers: 22730140400 P of @eft'Found ancol NbWag The property is zoned Commercial (C-1) which is codified at Chapter 17.26 YMC. The purpose of the C-1 zone is to provide of the location of business centers to serve the needs of the community for convenience goods and services. The C-1 zone allows the retail sales of building, hardware and garden materials pursuant to Chapter 17.66 YMC. The parcel received site plan review approval for automobile sales in January 200®. " The proposed landscape supply sales is a Similar retail use as listed in the Standard Industrial Classification Manual. Site Plan Review is not required, however based on the specific use; additional site planning design standards are required. CdUcalArms The City critical area maps indicate that the property is located outside of wetlands, flood zones, and high ground water areas. All Of Yelm is considered a critical aquifer recharge area. Protection measures for development' within a critical aquifer recharge area are met through treating and disposing of stormwater through an approved stormwater system. Development Standards Uld 8-20-Ir The site is connected to City water service with an approved Reduced,-,Pressure Backfiow Assembly device. EXHIBIT F 8/28/2014 Community Development Department-City of Yelm *Thei City of Yelm • ■N■ � _ Pride of the Prairie. . _ q Community Development Department Popular Pages The City Council established the Community Development Department in 2000 to consolidate the Home Page development of a community vision through comprehensive planning and to streamline the Mayor development permit process by creating a multi-disciplinary team focused on project review. City Council The departments mission is to help the citizens and businesses of Yelm visualize their future, to Council Meeting Videos create that future through the implementation of plans, and to maintain the vision through ongoing outreach. Utility Service Employment "Other duties as assigned!" Citizen Comments Project/Construction Updates Community Plans. The department is responsible for comprehensive planning for the City, and works with the City Council and Planning Commission to create the vision for Forms and Applications the development and growth of the City. Yelm Municipal Code Design Review. Development regulations adopted to implement the vision include the Zoning Code, Design Guidelines, Critical Areas Code, and Subdivision Code. In f� the Community Development Department, we all believe in the even-handed �- implementation of regulations and the fair treatment of all regardless of the person or their point of view. Getting Started. All permit processes start with the Community Development Department and we are here to help you find your way through the system. This 3 typically starts with a pre-submission meeting where we outline the design standards, the process, and the costs for you. Our goal is to make sure there are no surprises through the process. Construction Review and Inspection. When your project is under construction,the Community Development Department will coordinate inspections to ensure City standards are met. Calendar Document Library News How do I...? Check out our helpful calendar Official and Public Notices Stay up-to-date with the latest Find the answer to your for community events,parades happenings around your city questions and meetings •• . 1 . -. COPT EXHIBIT hftp:/Mnnnv.ci.yalm.wa.us/community_dewlopmentl 1/1 Opyf7 I 3 BUSINESS LICENSE STATE OF WASHINGTON Unified Business ID #: 603 351 976 Domestic Profit-Corporation Business ID #: I Location: 1 Expires: 11-30-2015 OYSTER BAY GROUP 3 INC. j: MARIJUANA MART 1405 YELM AVE E YELM WA 98597 9480 TAX REGISTRATION UNEMPLOYMENT INSURANCE MARIJUANA RETAILER #413370 INDUSTRIAL INSURANCE LICENSING RESTRICTIONS: Not licensed to hire minors without a Minor Work Permit. REGISTERED TRADE NAMES: CANNABLISS MARIJUANA MART j .i i 1 ibis document lists the regiatrttions,endorscmtnts,and h,:e:nses authorised for the business � ,�lr- n arced above.By acre pony this docurent,the l icensee c cr tGes l he information on the applicalion was complete,true,and accurale to the fist of his or her knowledge,and that business will be -- --- --rnnducted in compliance with III applicable NI-tshington stale,county,and city regulations. Director,Department of Revenue EXHIBIT c I t Chris Medrzycki ATTORNEY chris @jaglaw.net GOLDSTEIN T 360.352.1970 F 360.357.0844 LAW OFFICE PLLC Goldstein Law Office PLLC 1800 Cooper Point Rd.SW,No.8 Olympia, WA 98502 i 3 6, D�� 4888402 00 0p� ' 7T0886 22780 TBRM, �lZg12014 TRAM: g9 4: ply '14 y 4-0000 M1 PCANNrN�fP,�N CAW��ANTS FFFS 'Cr" AppC'1,co : 50 S0 000R 00 C11MG,c, - �._,` 80'00_ 0MF0K 0,00 l Ck app City of Yelm Permit No.: 20140243 Community Development Department Issue Date: 9/08/2014 (Work must be completed within 180 days) Building Division Phone: (360)458-8407 LM Fax: (360)458-3144 Applicant: Name: OYSTER BAY GROUP 3, INC. Phone: 360-352-1970 Address: 1800 COOPER POINT RD SW, NO 8 OLYMPIA WA 98502 Property Information: Site Address: 1405 YELM AVE E Owner: SOJAK Assessor Parcel No.: 22730140400 Subdivision: Lot: Contractor Information: Name: OYSTER BAY GROUP 3, INC. Phone: Address: 1800 COOPER POINT RD SW, NO 8 OLYMPIA WA 98502 Contractor License No.: Expires: 0/00/0000 Project Information: Project: LAND APPEAL Description of Work: DECISION BEING APPEALED Sq. Ft. per floor: First Heat Type (Electric, Gas, Other): Second Third Garage Basement Fees: Item Contractor Fees APPEAL OYSTER BAY GROUP 3, INC. $ 50.00 TOTAL FEES: $ 50.00 Applicant's Affidavit: OFFICIAL USE ONLY I certify that I have read and examined the information contained within the application and know the same to be true and correct. I also certify that the proposed structure is in conformity with all applicable City of #Sets of Prints: Yelm regulations including those governing zoning and land subdivision,and in addition, all covenants, easements and restrictions of record. If applying as a contractor, I further certify that I am currently Final Inspection: registered in the State of Washington. Signature Date Date: Firm By. Karen Bennett To: Grant Beck; Tami Merriman; Gary Carlson Subject: Oyster Bay Group Appeal - 20140243 The appeal file for Oyster Bay Group has been set up in LF(20140243). I have also copied the Marijuana Application file into the appeal file for easy viewing. Hard copy folder is in the filing cabinet. Karen T.Bennett City of Yelm 1o5 Yelm Ave W Yelm, WA 98597 (36o)458-3835 �f THFpA 4� 9� off. �n YELM WASHINGTON 1