20140303 NOD Routing 01212015 Nc�D 20� No363
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SITE PLAN APPROVAL DISTRIBUTION
When a Site Plan Review application has its Approval With Conditions issued,
the distribution is as follows:
� Post decision on `Public Notice' page of website (post for 21 days).
�Z". A full signed copy should be US Mailed to all people on the initial
application: i.e. app�t, o�, engineer, architect, etc.
� An email should be sent to the SR�'Committee, with the approval as a link
to webpage.
�Q�4. If comments were received (NOT standard agency comments i.e. DOE
standard comments), then a copy of the Notice of Decision memo should
be sent to the people who commented (see attached sample, H:\CDD
Data\Forms & Procedures/SitePlanReview\Notice of Decision). If they
have provided an e-mail address the approval link will be sent to them.
This will be evaluated on a case-by-case basis.
Agnes H. Chang
2848 Westwood Dr NW Severiano Palaeiso-mountes
Olympia, WA 98502 4524 Ruddel Rd
Lacey, WA 98503
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H:\CDD Data\Forms and Procedures\SitePlanReview\SITE PLAN APPROVAL DISTRIBUTION.doc
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Karen Bennett
From: Karen Bennett
Sent: Wednesday, January 21, 2015 4:31 PM
To: 'montesland@yahoo.com'
Subject: Approval w/Conditions-City of Yelm Project#20140303, Twister ponuts II
Below please find the link to the Approual w/Conditions for the City of Yelm, Project #20140303,
Twister ponuts II.
http://www.ci.yelm.wa.us/uploads/library/notices/Twister%20Donuts%20NOD20140303.pdf
Karen T. Bennett
City of Yelm
105 YelmAve W
Yelm, WA 98597
�360)45�-3835
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Site Plan Reuiew Committee
105 Yelm Auenue West
Yelm, WA 98597
Y�LM
WASHINGTON
NOTICE OF DECISION
DATE: January 21, 2015
PROJECT NAME: Twister ponuts
PROJECT LOCATION: 305 Yelm Avenue East, Yelm, WA 98597
PARCEL NUMBER: 22719341000
CASE NUMBER: 20140303
Norice is HERESV �ivEN that the Community Development Department issued a site plan review
approval to Twister ponuts, in order to operate a donut shop in an existing building at the
above referenced location.
The complete decision may be viewed on the City's website at www.ci.yelm.wa.us and choosing
'Agendas/Notices' and 'Public Notices' from the menu system. A copy of the decision may also
be obtained at the Community Development Department in City Hall at 105 Yelm Avenue West,
Yelm, WA 98597 during normal business hours for a fee of 15 cents per page. For additional
information, please contact the Community Development Department at 360-458-3835.
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°FT"E�'�` Cit o Yelm
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Site Plan Reuiew Committee
105 Yelm Avenue West
Yelm, WA 98597
YELM
WASMINGTON
Site Plan Review 20140303
Findings of Fact, Conclusions of Law,and Decision
FINDINGS OF FACT
1. Agnes Chang controls the parcel of land at 305 Yelm Avenue East, identified by
Assessor's Tax Parcel Number 22719341000 and described as Tract A of Boundary Line
Adjustment BLA-8021-YL.
2. The property is approximately 0.16 acres in area and is identified by the Yelm Zoning
Code, Title 17 YMC, as being within the Central Business District (CBD) zoning district.
The CBD zoning district allows retail bakeries subject to site plan review [Section
17.24.020 (A) (4) YMC].
3. Severiano Paloeios-Montes proposes to operate a donut shop at this location. A donut
shop falls under Division G, Major Group 58 Eating and drinking places in the Standard
Industrial Classification Manual. The building on the site was previously used as a
money exchange business, considered a nondepository credit institution, Division H,
Major Group 61, as described in the Standard Industrial Classification manual. The
proposed use is not similar as listed in the manual, and therefore not exempt from Site
Plan Review [Section 17.84.010 (B)(2)].
4. The application materials included a site plan showing the existing building and
associated parking. The applicant is not proposing any changes to the access and
parking, only interior improvements.
S. As required by Section 15.49.130 YMC, the Yelm Community Development Department
mailed a Notice of Application to local and state agencies and surrounding property
owners on January 5, 2015. The Washington State Department of Ecology submitted
comments that if toxic contamination is suspected, they must be notified.
6. The project is categorically exempt from environmental review under the State
Environmental Policy Act pursuant to Section 197-11-800 (3).
7. Chapter 15.40 YMC requires a determination that the infrastructure facilities necessary
to serve a proposed development are in place or planned for and properly funded with a
Findings of Fact, Conclusions of Law, and Decision
reasonable expectation that the facilities will be in place at the time needed to preserve
adopted levels of service.
a. Concurrency with sewer infrastructure means the project is within an area
approved for sewer pursuant to the adopted sewer comprehensive plan for the
City and improvements necessary to provide facilities and services are present to
meet the needs of the proposed development.
The subject property is connected to the City's sewer service with a newly
installed and appropriately sized S.T.E.P. tank.
b. Concurrency with water infrastructure means 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
services are present.
The subject property is within the water service area and is currently connected
to the City's water system. The change in use may increase water consumption
for this service, water use calculations would determine if additional water
connections are required.
Section 246-290-490 WAC requires that the City take measures to ensure that
contamination does not occur as a result of cross connection with the water
system.
While the City of Yelm has been proactive in water planning since 1994, when
application was made with the Washington Department of Ecology for water
rights sufficient to serve the City and its Urban Growth Area for 20 years of
growth, the approval of these water rights by the Washington Department of
Ecology, the Pollution Control Hearings Board, and the Thurston County Superior
Court have been further appealed to the Washington State Supreme Court.
The Supreme Court has yet to determine if it will accept the appeal on direct
review. If it does accept the case, a decision is not anticipated within the next 18
to 24 months. If the Court does not accept the case, it will be remanded to the
Court of Appeals and the timeline for a decision could be even Ionger.
The City currently has sufficient water connections to serve some growth and
existing connections. The proposed development is within the City's available
capacity to serve and is expected to be fully complete within the time period of
available connections. As a result, the Community Development Department is
able to make a written determination that adequate provisions for potable water
will be available when needed by the proposal.
Page 3 of 8
Findings of Fact, Conclusions of Law, and Decision
However, the State Building Code at Section 19.27.097 RCW requires evidence of
water availability and the issuance of a building permit by the City of Yelm is the
City's commitment to serve a proposal with potable water. If the City does not
have sufficient approved water connections at the time a building permit for the
proposed development is ready to issue, the permit will be denied until
additional water resources are available.
c. Concurrency with transportation infrastructure means that the project
completes frontage improvements, makes off-site improvements required for
the safe movement of traffic and pedestrians if impacted by traffic from the
development, and pays a traffic facilities charge.
The City of Yelm concurrency ordinance at Section 15.40.030(B)(1) provides a
default trip generation table to determine P.M. peak hour trips. When a specific
use is not listed in the table, the most similar use is used. A credit should be
given for the previous use as an office building. A sit down restaurant generates
6.13 new PM Peak hour trips. A traffic facilities charge is required to be paid and
will be accessed at building permit issuance.
The project has frontage along Yelm Avenue East. Frontage improvements for
this street are currently incomplete and are required to be constructed to
current standards.
Section 4B.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.
The applicant has requested a deferral of frontage improvements. There is
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.
d. Concurrency with school infrastructure means any mitigation requirements
established through the State Environmental Policy Act are met.
The proposal will have no impact on the School system as it will not increase
student population.
e. Concurrency with Fire Protection means the developer pays a fire impact fee at
the time of construction.
Page 4 of 8
Findings of Fact, Conclusions of Law, and Decision
The City Council has waived fire impact fees by Resolution 533 until the SE
Thurston Regional Fire Authority establishes a region wide impact fee. This fee is
subject to change by resolution of the City Council and is collected at the time of
building permit issuance.
8. Title 17 YMC is the Zoning Code for the City of Yelm and establishes standards for
development within the various zoning districts. The subject property is identified by
the Zoning Map as being within the Central Business District (CBD) zoning district. All
surrounding properties are also within the Central Business District (CBD) zoning district,
and developed as commercial uses.
a. Retail bakeries are allowed in the Central Business District as a permitted use
[Section 17.24.020 (A)(4)YMC].
b. Maximum size of any single-story gross floor area shall be 20,000 square feet
with a maximum height of 35 feet. [Chapter 17.24 YMC]. The existing building is
approximately 1,330 square feet, and less than 35 feet in height.
c. Refuse containers must be screened and be of a material and design compatible
with the architectural theme of the buildings on the site, must be at least as high
as the refuse container, but not less than six feet in height. No refuse container
shall be permitted between a street and the front of a building. [Section
17.24.130 (D)YMC].
It is unclear from the application materials if a refuse container is proposed. If
an outdoor container is used, it must meet the required standards of the Yelm
Design Guidelines.
d. Restaurants require one parking space for every 200 square feet of gross floor
area. The Central Business District zone allows the minimum parking
requirements to be adjusted when it is determined that it will not create an
adverse impact on existing uses on adjoining properties. A 1,330 square foot
restaurant would require 6 parking spaces. There are currently 6 existing parking
spaces at the rear of the building.
9. Chapter 17.80 Yelm Municipal Code establishes landscaping requirements for various
types of development. The Central Business District allows for Zero lot line setbacks.
The existing building is located on the northwest property line, with a shared driveway
access with the adjoining property on the southeastern property line, and is currently
covered with impervious surface. The front of the building is set back from the public
sidewalk, with concrete between sidewalk and building. In keeping with the intent of
the Central Business District to provide pedestrian shopping atmosphere, and to provide
Page 5 of 8
Findings of Fact, Conclusions of Law, and Decision
continuity with existing rights of way, roads, streets alleys and sidewalks, the
landscaping standards of Chapter 17.80 should be waived.
10. The property is located within the "Old Town District" of the Yelm Design Guidelines.
The Old Town District requires that buildings be oriented to the front or corner of the
property. Development on a pedestrian oriented street frontage must present a
pedestrian oriented face using one or more of the following methods:
a. Transparent window area or display
b. Sculptural, mosaic and or bas relief artwork
c. Pedestrian oriented space
d. Other special landscape or building design.
Pedestrian oriented space is an area between a building and a public street. The area in
front of the building should be enhanced to meet the pedestrian oriented space
requirements.
The Old Town District limits building colors. Basic building shell colors should be earth
tones, and trim be dark or other deep saturated colors. Bright accent colors shall not
cover more than 10%of any building fa�ade.
11. All of Yelm is considered a critical aquifer recharge area. The City has adopted the latest
edition of the Stormwater Management Manual for Western Washington published by
the Washington Department of Ecology [Section 13.16.060 (A) YMC]. Compliance with
Federal, State, and County water source protection regulations and with the City's
adopted stormwater regulations is required to protect the aquifer [Section 14.08.110 (C)
YMC].
The site is currently covered with impervious surface, and stormwater treatment and
discharge appear to be adequate. No new impervious surfaces are proposed.
12. Chapter 13.08 YMC and Chapter 7 of the Development Guidelines establish
requirements for connection to the City's sewer system.
a. The discharge of waste containing fats, oils, or greases in excess of 100 mg/I to
the S.T.E.P. tank is prohibited [Section 13.08.080 (B) YMC].
If processing of any food products as part of the preparation for distribution has
the potential of generating fats, oils, or greases to the S.T.E.P. tank, requiring an
oil/water separator or a grease interceptor would ensure compliance with
Section 13.08.080(B) YMC.
Page 6 of 8
CONCLUSIONS OF LAW
A. 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.
B. Severiano Paloeios-Montes has established that the request for site plan review
approval can satisfy all criteria set forth in Section 17.84.020(C) YMC, meet all
requirements of the Central Business District zoning classification, and meet all other
requirements of the Yelm Municipal Code. Therefore, the site plan should be approved
subject to the following conditions:
1. The applicant shall provide water use calculations to determine if additional
water connections are required.
2. The applicant shall provide protection for the City sewer service from fats, oils,
and greases by installing an approved grease interceptor. Sewer connection fees
are based on water usage. If additional water connections are required,
additional sewer connections are required.
3. 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).
4. The applicant shall pay a Traffic Facilities Charge (TFC) for the increase in P.M.
peak hour trips generated. A credit shall be given for the previous use. TFC fees
are paid at building permit issuance.
5. If the proposal requires outdoor refuse containers, the refuse enclosure shall
meet City of Yelm Design Guideline Standards.
6. The applicant shall provide enhancement to the front of the building to meet the
design standards for pedestrian oriented space.
7. If the building fa�ade is changed or painted, the new colors shall meet the design
guidelines requirement for building materials and color.
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.
Findings of Fact, Conclusions of Law, and Decision
DECISION
The request for site plan review approval 20140303 is hereby granted subject to the conditions
contained in the conclusions above.
Dated this 215t y of January, 2015
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_- i�� _._ _ -
Gr t Be , Ryan Johnstone,
Community Development Director Public Works Director
�----_
``�.. �� —.__
Gary Carlson,
Building Official
Prepared this 215t day of January, 2015
,�'/izrru
Tami Merriman,
Associate Planner
APPEAL
The Site Plan Review Committee's decision in this matter may be appealed, pursuant to Chapter
15.49 YMC, to the City of Yelm Hearing Examiner no later than 14 days from the date of this
decision. An appeal must be in writing, contain specific factual objections, and include the
appeal fee of$50.00.
Page 8 of 8