20150342 HE Staff Report 021216Pq
YELM
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STAFF REPORT
City of Yelm
Community Development Department
Case Number: 20150342 Bichler Appeal of Staff Determination
Applicant: John Bichler
105 West 1st Street
Ryderwood, WA 98581
Agent: Allen T. Miller
Law Offices of Allen T. Miller PLLC
1801 West Bay Drive NW, #205
Olympia, WA 98501
Appeal of Staff Determination
Basis of Appeal
John Bichler appeals a staff determination that recreational vehicle sales, service and repair is
not a pre - existing non - conforming use on his property located at 109 93`d Avenue SE, Yelm.
Mr. Bichler states in his appeal that "he has previously leased his property to recreational
vehicle servicing and sales, and that the former business prospered and was not the subject of
any complaints or adverse action by the City." His appeal also states that "recreational vehicle
service is a similar use to vehicle maintenance service and as vehicle service is allowed on the
site, so should recreational vehicle service."
Background
Mr. Bichler owns the property and buildings located at 109 93rd Avenue 5E, Yelm, WA 98597,
identified by Assessor's Tax Parcel Number 21724210401. The property is approximately 1.05
acres and is zoned C-1 Commercial. Historical records show that the property was in the City
limits of Yelm prior to the adoption of the City of Yelm Comprehensive Plan and zoning 1995.
On October 21, 2015, John Bichler and Jim Losch attended a presubmission conference with the
City regarding leasing a unit in the building for storage and maintenance of personal and
business vehicles, and to store, maintain and service recreational vehicles. Both Mr. Bichler and
Mr. Losch were informed that the storage and maintenance of personal and business vehicles
is an allowed use, but recreational vehicle storage, maintenance and repair was not allowed in
the C -1 zone. Tami Merriman, Associate Planner for the City of Yelm wrote a letter to Mr.
Bichler stating that the non - conforming use of recreational vehicle storage, maintenance, and
repair at this site was considered abandoned.
Analysis
Standing:
Mr. Bich ler has standing to initiate the appeal as he is the owner of the property
of which the decision is directed. [18.10.100 (E)]
Grounds of appeal and facts upon which the appeal is based.
"Appellants commercial property at 109 93rd Avenue SE has previously been the site of a
recreational vehicle servicing business and retail sales. That former business prospered and
was not the subject of any complaints or adverse action by the City"
The City does not dispute that recreational vehicle service and repair has
occurred on this site in the past.
The City does dispute the claim that it was not the subject of any complaints or
adverse action by the City.
f A presubmission meeting in 1994 for this property required a rezone to
occur to allow recreational vehicle service. [R &M RV Service]
V A presubmission meeting in 2004 for this property required a rezone to
occur to allow recreational vehicle service (Millennium RV).
In 2005 a Notice of Violation issued to Millennium RV for zoning violation
at this site.
"The C-1 zone allows automobile repair businesses. A recreational vehicle service business is
allowed as a type of automobile repair facility."
The Unified Development Code, and previous zoning code versions, have always listed
recreational vehicle sales, service and repair as a specific allowed use in the C -2 and C -3 zones,
but not listed as an allowed use in the C -1 zone. Because it is listed specifically in the C -2 and C-
3 zones, but not in the C -1 zone, it is prohibited in the C -1 zone.
The City of Yelm Unified Development Code at Section 18.01.090 (B) states "A non - conforming
use of a structure or land, shall not be extended or enlarged after the effective date of the
ordinance codified in this title by attachment on a building or premises, or by the addition of
other uses of a nature which would be prohibited generally in the district involved. A non-
conforming use shall be deemed abandoned by discontinuance or abandonment for a period of
18 consecutive months, and any subsequent future use of such land or buildings shall be in
conformity with the provision s of this title.
A recreational vehicle sales, service, and repair business has not been located at
this since 2006, which is more than 18 months.
Conclusion
Recreational vehicle sales, service, and repair in not an allowed use in the C -1 zone.
The non - conforming use of recreational vehicle sales, service, and repair at this site is
considered abandoned pursuant to 18.01.090 (B ),
Attachments:
Appeal Notice
Historical documents regarding recreational vehicles at this site
Page 3 of 4
Chronology
In regards to recreational vehicles at 109 93rd Avenue
May 1994: William Garrett & Ray Ross, 109 93rd Avenue Presubmission. City states that
RV sales, storage and repair requires zone change. (R &M RV Service)
Nov 1996: City grants 5PR exemption for expansion of building for storage only.
Sept 2004: Millennium RV Presubmission. City states that RV sales, storage and repair
requires zone change.
2005: Zoning violation for RV storage and repair at 109 93rd Avenue (Millennium RV)
Oct 2015: Presubmission conference, Bichler & Losch. City states that RV sales, service
and repair is not an allowed use.
Nov 2015: Staff written determination
Dec 2015: Notice of Appeal
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BEFORE THE HEARING EXAMINER
IN AND FOR THE CITY OF YELM
IN THE MATTER OF JOHN BICHLER
APPEAL OF ADMINISTRATIVE
DECISION: 109 93RD STREET SE,
YELM, WASHINGTON
John Bichler appeals the November 17, 2015 official determination of the Communil
Developinent Department that denied the request to add recreational vehicle services to 1:1
existing auto - detailing shop. The following information is provided in accordance with YM
18.10.100F:
1. Applicant's name address and phone number:
Property Owner: Legal Representative:
John Bichler Allen T. Miller
105 West 1 st Street Law Offices of Allen T. Miller PLLC
Ryderwood, WA 98581 1801 West Bay Drive NW, #205
Tel: 360 -789 -9085 Olympia, WA 98501
Tel: 360 -754 -9156
Fax: 360- 754 -9472
Email: allen @atmlawoffice.com
APPM TO HEARING
EXAMINER I of 3 I.AW OFFICES OF ALLEN T. MILLER, PLLC
1801 West Bay Dr, NW Suite 205
Olympia, WA 98542
(360)754 -9[56, Fax (360)754 -9472
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2. Statement describing a eliant's standing to brinp, the a eal:
Appellant is the owner of the commercial property at 109 93`d Avenue, Yelm. Th
Appellant is an interested party regarding the denial of the request for recreational vehicl
servicing to the auto repair businesses. Appellant has previously leased his commercial
to recreational vehicle servicing businesses and retail sales.
3. Identification of the decision that is being Wealed:
On November 17, 2015, Tami Meriman, Associate Planner, Community Developmen
Department issued an official determination letter that denied the operation of the recreations
vehicle service business on the property. (SEE EXHIBIT 1.)
4. Grounds of the appeal and facts Won which the a eal is based:
Appellant's commercial property at 109 93`d Avenue SE has previously been the site of a
recreational vehicle servicing business and retail sales. That former business prospered and
not the subject of any complaints or adverse action by the city.
The property is currently zoned Commercial C -1, chapter 18.36 YMC. A Commercial C -1
Zone provides for the location of business centers to serve the needs of the community for good'.
and services. The property is approximately 1.06 acres. There are two buildings on the property
The buildings house a variety of commercial uses, including auto repair and a muffler shop
(SEE EXHIBIT 2.)
The recreational vehicle service business would be for the sale, maintenance, and storage o
vehicles. Maintenance and storage is an allowed use in the C -1 zone. The addition o
recreational vehicle servicing to the existing automobile repair businesses would not result in
adverse impacts to the surrounding area.
The C -1 zone allows automobile repair businesses. A recreational vehicle service business i
allowed as a type of automobile repair facility.
APPEAL To HEARING
EXAMINER 2 of 3 LAW OFFICES OF ALLEN T. MILLER, PLLC
1801 West Bay Dr. NW Suite 205
Olympia, WA 99502
(360)754- 9156, Fax (360)754 -9472
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5. Relief souk
Appellant requests that the city approve the additional business use.
Additional Request: Waiver of fees
Pursuant to the Yelm Municipal Code, the fee for administrative appeals is $1,250.00. 1
Appellant requests a waiver of the fee under the YMC. The appellwit is the property owner a
payment of the fee is an economic hardship because of the inability to rent the property.
6. A ellant's certification:
1, John Eichler, have read the above appeal and I believe the contents to be true and correct.
Date: December 7, 2015 Ker
Olin i3ich
Dated: % E
LAW I O OF ALLEN T. MILLER, PLLC
A ��. P -.
Allen T. Miller, ❑dSEA # 12936
Attorney for P lai nti ffs
APPEAL TO HEARING
EXAMINER 3 of 3 LAW OF, FICES OF ALLEN T. MILLER, PLLC
1801 West Bay Dr. NW Suite 205
Olympia, WA 98542
{360 }754 -9156, Fax (360)754 -9472
EXHIBIT 1
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YELM
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November 17, 2015
John Bichler
105 West 1st Street
Ryderwood, WA 98581
City of Yelm
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
Re: 109 93"d Ave SE Yelm, WA 98597
Dear Mr. Bichler:
I am writing this letter to clarify the permitting requirements far additional tenants or change of
land use at your parcel located at 109 93'd Ave, SE, Yelm, The property is zoned Commercial [C-
1] Chapter 18.36 Yetm Municipal Code (YMC).
The two buildings on the site were constructed in the early nineties, prior to the adoption of
the Yelm Comprehensive Plan and Development Regulations. Throughout the years, the site
has been used for auto repair. The auto repair businesses are considered pre- existing non-
conforming uses. A pre - existing non - conforming use or site may not be enlarged, expanded or
extended in a manner which would increase the nonconforming aspects of the structure.
[Section 18,01.090 (B] YMC]. A non - conforming use shall be deemed abandoned by
discontinuance or abandonment for a period of 18 consecutive months, and any subsequent
future use of such land or buildings shall be in conformity with the provisions of this title.
Similar uses based on the Standard Industrial Classification Manual, that do not include
expansion of buildings, additional tenants, or the use of outdoor display area would be allowed
outright with a business license. This would include automobile repair, automotive services,
such as car wash or detailing, and automobile rental and leasing,
Expansion or use not similar to the pre - existing auto repair businesses, such as a retail
establishment, would require the issuance of a site plan approval pursuant to Section 18.14.050
YMC. In this instance, site improvements include, but are not limited to, connection to City
utilities, frontage (street) improvements, paved parking and landscaping.
Recreational vehicle sales, service and storage is not allowed in the C -1 zone, as it is listed as an
allowed use in the C -2 and C -3 zones.
T6 +';r A
�- (360j 458 -88x5
A f A 1e P I 'i iv �� 5 (360) 458 -8144 FAX
i wu w. cd.yelmuia.us
The Community Development Department offers a presubmission meeting, free of charge, for
those wishing to find out what will be required to operate a business at a specific site. if you
have any prospective tenant, we would be happy to meet with them and you to discuss what
improvements or permitting would be required based on the proposed use.
This letter is an official determination and may be appealed within 21 days of the date of this
letter. [Section 18.10,100 YMC -attached]
If you have any questions, or wish to pursue an appeal, please contact the at 360.458.8496.
Sincerely,
Tami Merriman, Associate Planner
Community Development Department
November 5, 2015 Page 2 of 2
EXHIBIT 2
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ELL
CITY OF YELM
P.O. Box 479
Yelm, WA 98597
458 -3244
PRESUBMISSION /SHEETING
REQUEST FORM
Fee: None
OFFICIAL USE ONLY
Date Received ......................
Meeting Date: ..................
A presubmission conference is an opportunity for a developer and/or consultants to meet with city staff and ser-
vice providers to discuss preliminary studies or sketches of a proposed project. At the conference the staff will
make available information relating to the proposed development. The intent is to identify and eliminate as many
potential problems as possible in order for the project to be processed without delay, The conference should take
place prior to detailed work by an engineer or surveyor, however a site drawing must be submitted that has suf-
ficient information to allow for evaluation. Discussion topics will include such things as Yelm's Comprehensive
Plan, street design, storm runoff and retention, Shoreline Master Program, zoning, availability of sewer and water,
development concepts, other requirements and permits, and the environmental impact. Staff notes are prepared
and available for review. There is no charge for this meeting. Meetings are held each Wednesday morning. This
request form should be submitted at least one week before the preferred meeting date.
Meeting Date Requested
-(—A We--dn Alternative date}
—fie
Applicant
Owner
Address Z42
Address
"telephone
Telephone L1.59- Zkfr3
Representative (if any) mac?;,- � - Occupation AmY-Z $ 'ell
Address
Telephone
General location of project t:&,o 5 « �r
Section e 5r Township 0 7 Mange / j6FS7-
Assessor's Tax Parcel Number 21 72 'I Z f. zp&2 16y 0
Type of Project (Subdivision, Annexation, Zone Change, etc.)
Total acreage - Proposed Density
Proposed Land Use: Single - family Duplex Multi - family Mobile Home Park Commercia Industrial
Please attach six copies of a site plan drawing not larger than 11 "x17" and forward to Yelm City Hall.
Parts
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-Washington State.senate:
M�
' Adniinistrati�e i°ASSistant to 1
Senator Margarita Prentice.
llth Legislative'District •
406]ohn A- Cw,1 -,Tg ukiilding phoneSCAN. 20 ) 776.7616
p.O. llgz 40411
Olympia, W,asliing[on 49504.041 i FAX: 'ao6] 7 G•7450
H 0 T I C E O F P R E S M I -a i v .!V • C O H F E R E N
DATE/TIME OF MEETING: dr��` a �3 0 -100 AM
MEETING LOCATION:
PROJECT NAME: ' `mod.• d
PROJECT FILE NO.:
APPLICATION SUMMARY/RELATED CASES:[_ �7
TO:
Applicant
_ Yelm City Administrator
Yelm City Clerk
X Yelm Sewer Dept.
__�LYelm Street Dept.
Yelm Water Dept.
Yelm City Engineer
XYelm City Planner
__x Yelm Building Dept.
Yelm Police Dept.
Yelm Telephone Co.
TC Fire Protection Dist. #2
Applicant's Representatives
Thurston County Health Dept.
WSDOT Traffic Review Engineer
_Yelm Community Schools
V.S. Post Office - Yelm
Puget Power
Viacom Cablevision
LeMay Enterprises
Washington Natural Gas
Intercity Transit
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105 Yelm A venue West
P.O. Box 479
Yelm, Yirashiiigroii 98597
(206) 458 -3244
Month: Day: lz?nl Year:
PLANNING DEPARTMENT PRESUBMISSION NOTES /COMMENTS
THESE COHHEHTL ARE PRfLIM[HARY IN NATURE ANO ARE ROT [NIENOEO PO REPRESENT FINAL COHNEYTS AND OR REOUIREHENTS
FOR THE CITY OF Yf LFt. uNTIL A COMPLETE A?PLICA r ON IS MARE. tHE 9LANNIM4 0 EPA R INEXt CAR ONLY AT TEHPI TO IHPCAN
THE APPLICANT Of GENERAL REOHIREHfTITS AS THEY APPEAR III THE FORM PRESENIEO AT THE APPLICANT AT THE TIME OF
PaESQIxISSiON.
PROPONENT: ` c,� 1-O sj , wI� /! IIci m -8C► "r e4-
REPRESENTATIVE : Sa ro4
PROJECT PROPOSAL; Zd C\nUAv\eA �.. "C .f °� Vj
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QUESTIONS ? - - - -- Please contact Ty Peterson, Yelm City Planner,,�e
(206)458-8408-.
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November 13, 1996
Mr, John. Bichler
169 93rd Avenue
Yelm, WA 98597
Re:- Site Plan Review
Dear Mr. Bichler:
Typically an expansion of a building requires the applicant to comply with the Site Plan
Review process as described in the Yelm Municipal Code, Title 17, Chapter 17.84.
Based on the size of the expansion and its use as storage for an existing business, the
City has granted you an administrative exemption from the site plan review process.
Exemption from the site plan review process does not exempt your business from
obtaining any other permits or licenses which may be necessary for the expansion and
operation of your business..
In the future any expansion, remodel or change in use at the site will require full
compliance with Site Plan Review, Chapter 17.84
If you have any questions please feel free to contact me at 458 -8408 or Jerry Prock,
Building Department, at 458 -8407.
Sincerely,
Catherine Carlson
City Planner
cc:, Jerry•Prock.
Shelly Badger
, -Ken Garmann
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YELM OOM1Y9UNITY DEVELOPMENT DEPARTMENT
fix} Ci #y Admin. (x) Comm Cov. Dir. (x) 8011fing Offibal ()q mayor
(x) Apphcant (Xj POSt$d (x) Put3ic' oft air. (x)-City Englnefr
(x) Assistant Ptnnnes (r ) Ptaf or_t Mffn � ,j "r (xy Code Fnfarcernan� Offlmr
THE FOLLOWING CASES WILL BE CONSIDERED AT
COMMUNITY DEVELOPMENT DEPARTMENT
YELM CITY HALL - 105 YELM AVE W
MEETING DATE; V'EDNE DAY SEPTEMBER 2. 2004
' Environmental Review /Site Plan Revlewv: Internal staff rev low only, applicants andlar
representatives may attend to OBSERVE. If you plan to attend, please notify the Community
Development Department at 458 -3835.
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YELM COMMUNITY DEVELOPMENT DEPARTMENT
(x) City Admin. (x) Comm. Deg. Dir. (x) Building Official. (x) Mayor
(x) Applicant (x) Posted (x) Public Works Dir. (x) City Engineer
(x) Assistant Planner (x) Project Manager (x) Code Enforcement Officer
THE FOLLOWING CASES WILL BE CONSIDERED AT
COMMUNITY DEVELOPMENT DEPARTMENT
YELM CITY HALL - 145 YELM AVE W
MEETING DATE, WEDNESDAY. SEPTEMBER 8.2004
* Environmental Review /Site Plan Review: Internal staff review only, applicants andlor
representatives may attend to OBSERVE. If you plan to attend, please notify the Community
Development Department at 458 -3835.
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Cheryl -Goff- Millenieam RV
109 93d Avenue SE
RV Parking and Miscellaneous Safes & RV Storage
1'30 p.m.
2:00 p.m,
jg7 n fi L^
Apex /Robin Wood Property — 643036 01204
Flood Zone?
2:30 p.m.
ka �'
What can be done?
3.00 p.m.
3:30 p.m.
* Environmental Review /Site Plan Review: Internal staff review only, applicants andlor
representatives may attend to OBSERVE. If you plan to attend, please notify the Community
Development Department at 458 -3835.
R:\Weekly SPR\WEEKSPR.doc
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CITY OF YE LM OFFICIAL USE ONLY
�;� PO Box 479 Fee NIA tr
^4 Date Received!Q-k�
Yelm WA 95597 By
File No.
360-458-3244
YEZMC-1�3 Presubmission meeting
WAS
Request Form
Fee: None
A presubmission conference is an opportunity for applicants, developer(s) andlor Consultants to meet
with city staff to discuss preliminary studies or sketches of a proposed project. At the conference the
staff will mare available inforrnation relating to the proposed development. The intent is to identify and
eliminate as many potential problems as possible in order for the project to be processed without delay.
The conference should take place prior to detailed work by an engineer or surveyor, however a site
drawing must be submitted that has sufficient information to allow for evaluation. Discussion topics will
include such things as Yelm's Comprehensive Plan, street design, storm runoff and retention, Shoreline
Master Program, zoning, availability of sewer and water, development concepts, other requirements
and permits, and the environmental impact. Staff notes are prepared and available to review. There is
no charge for this mesting. Meetings are held each Wednesday. This request form should be
submitted by 5:00 p.m. at least one week before the preferred meeting date.
MEET 1NG DATE REGUE5TED 11,0-6
to W e nesday) Time to amoon only)
APPLICANT_r'4A AP OWNER sr" -
MAILING AD RESS 1 09 3 S S ADDRESS
�l
TELEPHONE 79b0-40QZ1-L2 TELEPHONE
REPRESENTATIVE {ii any }(`.1 OCCUPATION ,
_iLJLt � --
MAILING ADDRESS
TELEPHONE
General location of the project Q—
Section Township Range
Assessor's Tax Parcel Number `2- I _- l_'z -Lf 2. 1 o tO n t7
Type of Project (Subdivision, Annexation, Zone Change, etc..)
Total acreage Proposed Density
Proposed Land Use: Single •`a oily Duclex MO- ,i- ,Emily Iviobil =Home Park Ccnrner lndu -"u"al
Brief description of project ��l�tt"1
G 41r
Fleas an -p-cn six ccpi=-s of a si,en plan dry ling r-.D* laresr tl;a 11., X 17" anr, for'Nafd to Yaim City -'ail-
?.
L3
o! THE
wa rMi►iarn ra
City of Yelm
Community Development Department
105 Yelm Avenfee West
P. a Box 479
Yelm, WA 98597
Pre - Application Meeting
September 8, 2044
Land Use Comments
These comments are preliminary in nature and are 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 they appear in the form
presented by the applicant at the time of pre- submission.
Proponent: Cheryl Goff
Project Proposal: RV Sales and Storage
Project Location: 109 93 "' Ave. SE
Zoning and Commercial District (C -1), Chapter 17.26
Setbacks: Minimum Lot Size — 5,900 sq. ft.
Side Property Line 10 feet
Rear Property Line 20 feet
Front Property Line 15 feet.
RV Sales and Storage are not allowed in the C -1 zone.
1 ?.84.010 Generally — Committee membership.
A. Site plan review and approval shall be required prior to the use of land for the
location of any commercial, industrial or public building or activity, including
environmental checklist review, and far 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: there is no addition of square feet or no additional tenant, an
expansion is for storage only (future conversion of storage area would require
compliance with this chapter) and the proposed use is similar as classified by the
Standard Industrial Code Classification Manual.
ADA Requirements
The American Disabilities Act required that facilities are ADA accessible. Facility
improvements will have to meet current code. Review of these improvements will be
determined upon further review of the civil and architectural plans.
THVA"! ',
MEMORANDUM
City of Yelm
Community Development Department
Engineering Division
Pre - Application Meeting
Date September 8, 2004
These comments are preliminary in nature and are 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 they appear in the form presented by the applicant at the time
of pro-submission-
Proponent: Milleniurn RV —Cheryl Goff
Project: Expansion of existing commercial use
Project Location: 109 93rd Ave SE
Yelm, WA 98597
Water
The proposed site would need to connect to the City's water system. There is an
existing 10" water line located on SR 510. This project will have to extend the waterline
down 93rd Ave SE and be 10" in size.
This project will need to install water meter {s} and fire suppression to support this type
of project.
Residential water connections are based on a consumption rate of 240 gallons per day
and are charged at a rate of $1,500 per a residential connection (fee subject to change)
inside city limits. Each commercial unit would be charged for its estimated use. This
fee is payable at building permit issuance.
Irrigation Meter:
An irrigation meter shall be installed for the purpose of irrigation. An approved backflow
prevention device will be required for all landscape irrigation connections.
Cross Connection Control:
Washington State Department of Health, in WAC 245 - 290 -490 states that all group A
water systems with 1000 or more connections are required by the department of health
to develop and implement a cross control connection 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 located at the above
referenced Washington Administrative Code.
Sewer
The proposed site will be required to connect to the City's sewer system. There is a 4"
sewer line available on SR 510. Your project will be required to extend a sewer main to
your proposed development. The sewer main extension shall be 4" in diameter. The
STEP system shall be designed and installed per the City of Yelm Development
Guidelines. The building will be required to install a step sewer tank (1544 gall min.)
The tank will be required to have a duplex pumping system_ A civil engineer licensed in
the state of Washington shall submit this design.
Commercial sewer connections are based on a consumption rate of 240 gallons per day
and are charged at a rate of $5,269 per a connection (fee subject to change) inside city
limits. An inspection fee of $145.00 per a STEP sewer system will also be required.
These fees are payable a building permit issuance.
Fire
All projects need to have fire protection for the buildings. When reviewing proposals or
projects for compliance with the International Fire Code (IFC) the following need to be
addressed: Does the proposal have fire hydrant coverage or how is this project meeting
the IFC requirements for fire coverage.
Stormwater
Developments with over 5,000 square feet of impervious surface are required to provide
stormwater facilities pursuant to the 1952 DOE Stormwater Manual. If Stormwater
mitigation is required the types of stormwater mitigation may be wet ponds, bioswales
and filter strips. The stormwater disposal is 100% infiltration. There are 2 ways to
accomplish this: open ponds and underground galleries. The open ponds are
depressions that store stormwater and allow it to perk back into the underground
aquifer.
Street Improvements
Frontage improvements shall be consistent with Yelm's Development Guidelines. Your
project will be required to improve the your frontage alone 93`d Ave SE. The required
improvements shall be consistent with the "neighborhood collector' roadway section per
the city's development guidelines. These improvements will be widening the asphalt,
concrete curb and gutter, sidewalk, planter strip and street lighting
The interior drive aisles and parking shall be consistent with the city's parking details
and the development guidelines.
Street improvements may not be limited to above references. If a Traffic Impact
Analysis is required this may also outline additional improvements to the adjacent
roadways and intersections
VU I1 T"
ELM
wa s w � �tcru w
April 4, 2005
Millennium RV
109 93`d. Ave S.E.
Yelm, Wa. 98597
Attn: Cheryl Goff
RE: Land Use
City of Yelm
Community Development Department
195 Yelm Avenue West
P.Q. Eox 479
Yelm, $TA 98597
This fetter is a follow -up to my visit with you last week. I carne to discuss the sale and
storage of RV's on this property. In September 2004 you met with the Community
Development Department of the city of Yelm. We discussed the requirements to use
that property in conjunction with your existing building. The owner of the property, Dr.
Barrett, will need to apply for a Re-zone/Comprehensive Plain Amendment with the city.
You would need to request the zoning to be changed from (A Commercial Zone to C2
Commercial to engage in this type of business.
Currently you are not in compliance for RV Sales and Storage. This activity is not
Allowed in C1 Zone. i am requesting you cease all activity of Storage and Sales of RV's
And Vehicles on the Barrett parcel. You have 30 days from the date of this letter to
Vacate the property of any all RV's and Vehicles and cease any and all activities.
If you should have any questions or I can be of further assistance, I can be reached on
360- 458 -8475
tiUrn r .my
�ar�ry �Hansan
Code enforcement officer
City of Yelm
(384) 458 -3835
(360) 45&-3144 FAX
WWW.e1.yerm.W0.u#J
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
Pre - Application Meeting
October 21, 2015
These comments are preliminary in nature and are not intended to represent final comments anti 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 they appear in the form presented by the applicant at
the time of pre - submission.
Proponent: Jim Losch
Project Proposal: Personal vehicle repair and storage, automotive detail, RV Repair.
Project Location: 109 93'd Ave
Tax parcel numbers: 21724210401
Property Background and Characteristics
The property is zoned Commercial C -1, which is codified at Chapter 18.36 YMC. The purpose of
the C -1 zone is to provide for the location of business centers to serve the needs of the
community for goods and services. The property is approximately 1.06 acres. There are two
buildings on the site, constructed in the mid 1990's, prior to the adoption of the City's
Comprehensive Plan and zoning. The auto repair businesses located at that site are considered
pre - existing, non - conforming uses.
Section 18.01.090(A)and ($) states that pre - existing, non - conforming structures may be
maintained, provided that they shall not be enlarged, expanded or extended in a manner which
would increase the nonconforming aspects of the structure. A non- conforming use of a
structure or land, shall not be extended or enlarged after the effective date of the ordinance
codified in this title by attachment on a building or premises, or by the addition of other uses of
a nature which would be prohibited generally in the district involved.
The C -1 zone allows service oriented businesses as a permitted use, subject to site plan review.
The storage and maintenance of vehicles is an allow use. Site plan review would not be
required. If the use of the site is strictly for maintenance of personal vehicles, a City business is
not required. if services are rendered for others, a business license would be required.
Recreational vehicle storage, sales and servicing is prohibited in the C -1 zone, as it is specifically
listed as an allowed use in the C -2 zone.
Pre - Application Meeting
Page 2 of 6
Automotive detailing performed inside the building is allowed, and a City business license is
required. If the auto detailing or other services are to occur in the parking area, site plan
review approval would be required. Site plan review anticipated improvements and
requirements are listed below.
Critical Areas
Critical Aquifer Recharge Area
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.
City Critical areas maps show the site outside of flood zones, wetlands and high groundwater
areas.
Fish and Wildlife Habitat Conservation Areas
The Critical Areas Code maps indicate the property contains soils suitable as habitat for the
Mazama Pocket Gopher, a protected species listed on the Washington Priority Species and
Habitat List as well as the Federal Threatened Species List.
Critical Areas Report will be required as part of the application and must include an initial
screening for the presence of the Mazama Pocket Gopher. If members of the species are found
on the property, the report must include proposed mitigation sequencing consistent with
Section 14.04.050 (D) YMC.
Compliance with Yelm's requirements under the Critical Areas Code does not ensure
compliance with the provisions of the Endangered Species Act. The applicant should contact
Tim Romanski of the US Fish and Wildlife Service at 360.753.5823 ortim.romanski @fws.gov
with any questions about compliance with Federal standards for threatened species.
Development Standards
Water
The property is located in the City of Yelm's water service area, and the site is connected to City
water service. Based on the current average water usage for the site, it is anticipated that the
service and maintenance of vehicles on the site would not require additional water
connections.
Pre- Application Meeting
Page 3 of 6
The auto detailing business would be required to submit an engineer's estimate of water usage
to determine number of connections required. Water connections are based on a consumption
rate of 875 cubic feet a month.
The water system has an approved reduced pressure backflow assembly. All commercial
buildings and irrigation systems are required to provide for cross- connection control through
the provisions of a back flow prevention device (reduced pressure backflow assembly) installed
on the water services. A list of approved devices can be found at Chapter 246 - 290 -490 WAC.
The backflow device is required to be installed after the meter and tested by a certified
backflow tester.
Sewer
The property is located in the City of Yelm's STEP sewer system service area and is connected to
City sewer, Sewer connections are based on 875 cubic feet of water usage per month. if the
auto detailing business requires an additional water connection, an additional sewer
connection, and a S.T.E.P tank sizing report would be required. S.T.E.P. tank sizing is governed
by the Criteria for Sewage Works Design (Grange Book) published by the Washington State
Department of Ecology.
Floor drains for this buildings ? ? ??
Food preparation requires a grease interceptor to be installed. There are options for grease
interceptor size and location, based on the size of the use. The grease interceptor must be
designed by a licensed engineer and reviewed by the City.
Transportation
The City of Yelm Development Guidelines and the concurrency requirements of Title 18 YMC
require all new developments to improve street frontages to current City standards. 93RD
Avenue is considered a Neighborhood Collector which includes a 16 foot travel lane, a 7 foot
planter strip and a 5 foot sidewalk.
Section 46.080 (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 deferral request must be submitted with
the site plan review application.
Parking
The requirements for off - street parking and their design shall be regarded as the minimum;
however, the owner, developer, or operator of the premises for which the parking facilities are
Pre - Application Meeting
Page 4 of 6
intended shall be responsible for providing adequate amounts and arrangement of space for
the particular premises even though such space is in excess of the minimum set forth.
City development regulations require all parking areas to be surfaced with asphalt, concrete or
similar surface. Landscaping in parking lots includes 24 square feet of landscaping for every
proposed parking stall, each area being at least 100 square feet in area at least 6 feet wide is
required. These planting areas must include one tree of specific caliper (70 percent of which
must be deciduous) and groundcover. No parking stall may be more than 50 feet from a
landscape island.
Stormwater
Developments with impervious surface are required to provide stormwater facilities pursuant
to the stormwater Management Manual for Western Washington. Stormwater treatment for
all impervious surfaces, such as internal and frontage streets is to be treated on site. If above
ground stormwater facilities are utilized, onsite landscaping shall be incorporated to screen the
facility. The floor and slope of any stormwater retention/detention areas shall be planted in
vegetation that is suitable and will thrive in hydric soils.
Design Standards
site
Service areas, outdoor storage areas and other intrusive site features must be located at the
rear of the lot to reduce conflicts with adjacent uses. All trash enclosures must incorporate the
architectural features of the primary structures and landscaping to minimize visual impacts of
the enclosure. Trash enclosures will be reviewed by Pacific Disposal to ensure adequate service
can be provided.
Perimeter landscaping is required and is characterized by an S foot landscape strip along
property lines of any combination of evergreen and deciduous trees (with no more than 50
percent being deciduous), and shrubs. The intent is to provide partial screening and buffering
between uses and of softening the appearance of streets, parking and structures.
Parking lots must be lit to the standards of the design guidelines and include non glare, shielded
fixtures no higher than 30 feet above grade. A lighting plan is required as part of civil
construction plan review.
Any change to the facade of the existing buildings shall meet City design standards.
Pre - Application Meeting
Page 5 of 5
Chapter 18.51 lists standards for noise and emissions. Section 18.51.050 requires that storage
of equipment, fixtures, etc be inside, except when related to safety codes, where outside
storage is normal practice such as lumber or nursery items.
Please note that chain link fencing is prohibited when visible from the street.
Building
The City of Yelm has adopted the International Codes as amended by the State Building Code
Council for Building, Fire, Mechanical, Fuel Gas, Existing Building and the Uniform Plumbing
Code and the Washington State Energy Code.
The proposal to use the existing building for personal vehicle maintenance and storage is not
considered a change of occupancy. The use of the building or portion thereof as an auto detail
shop is considered a change of occupancy. The current building is a S -2 (Storage Occupancy),
and an auto detail shop is a B Occupancy (Services). The Change of Occupancy shall require the
following:
• One accessible building entrance shall be required. One exit shall be required.
Emergency exit lighting shall be required.
• if you provide onsite parking one accessible parking stall is required for every 25 stalls.
One van accessible stall is required for each six accessible stalls, provided at least one
van accessible stall is provided.
• An accessible path shall be required from building entrance to public ways and
accessible parking stalls if provided.
• Accessible toilets and fixtures shall be required for a unisex restroom. Employees and
customers may travel up to 500 feet for toilet facilities, however if the combined
occup- arrcy- rrumbrer- of a I I of the buildings served by- the - tai let - facif6ers -- exceed -15
separate facility for each sex must be provided and be accessible.
• An accessible route from the entrance to all primary functions within the business shall
be supplied, this includes pathways to toilet facilities within or outside the building.
• Mechanical Ventilation and exhaust shall meet the IMC. The auto detail shop
ventilation rate shall be 0.75CFM/Ft2.
• HVAC, Plumbing or building replacement or alterations shall meet code.
• Areas altered during the change of occupancy shall meet the Washington State Energy
Code.
Building elevations, site utility screens and refuse pad wall showing compliance with City of
Yelm Design Guidelines shall be submitted with the site plan review application.
Spaces used for food service shall be reviewed and approved by the Thurston County Health
Department prior to building permit issuance.
Pre - Application Meeting
Page 6 of 6
Approval Process
Site Plan Review
Ministerial Site Plan Review will be required if business is conducted outside of the building.
The gravel parking area may be used for parking of vehicles.
The minimum application requirements can be found at Section 18.10 and 18.11 YMC and are
listed on the application form.
A site plan review approval typically contains conditions of approval that the applicant must
complete prior to receiving a building permit. Upon satisfactory completion of all conditions of
land use approval, the applicant can submit building plans for approval.
State Environmental Policy Act
The project as proposed is exempt from SE PA environmental review pursuant to Section 197-
11 -800 WAC and Section 18.20.020 YMC.
Ministerial Site Plan Review
Civil Plan Review
Building Plan Review
Building Permit
Water Connection Fee
Water Meter Fee
Sewer Connection Fee
Transportation Facilities Charge
Fees & Charges
$250.00
Billed on a cost recovery basis
Based on 1997 UBC fee Schedule
Based on 1997 UBC fee Schedule
$6,063.00 per ERU
$300.00
$6,394.00 + $145.00 inspection fee per ERU
$1,497.00 per peak PM trip
The Transportation Facility Charge (TFC) is per new PM peak trip generated by the
development. The code provides a default table that the applicant can use to determine the
number of new PM trips generated by a proposal.
A trip generation report is required as part of the land use will provide more detail on the trips
generated for the site.
F THE
+O A
3�ELM
WABHIIV ETON
November 17, 2015
John Bichler
105 West 1st Street
Ryderwood, WA 98581
City of Yelm
Community Development Department
195 Yelm Avenue West
Yelm, WA 98597
Re: 10993 d Ave SE Yelm, WA 98597
Dear Mr. Bichler:
I am writing this letter to clarify the permitting requirements for additional tenants or change of
land use at your parcel located at 109 93rd Ave, SE, Yelm. The property is zoned Commercial (C-
1) Chapter 18.36 Yelm Municipal Code (YMC).
The two buildings on the site were constructed in the early nineties, prior to the adoption of
the Yelm Comprehensive Plan and Development Regulations. Throughout the years, the site
has been used for auto repair. The auto repair businesses are considered pre - existing non-
conforming uses. A pre - existing non- conforming use or site may not be enlarged, expanded or
extended in a manner which would increase the nonconforming aspects of the structure.
[Section 18.01.090 (B) YMC]. A non- conforming use shall be deemed abandoned by
discontinuance or abandonment for a period of 18 consecutive months, and any subsequent
future use of such land or buildings shall be in conformity with the provisions of this title.
Similar uses based on the Standard Industrial Classification Manual, that do not include
expansion of buildings, additional tenants, or the use of outdoor display area would be allowed
outright with a business license. This would include automobile repair, automotive services,
such as car wash or detailing, and automobile rental and leasing.
Expansion or use not similar to the pre - existing auto repair businesses, such as a retail
establishment, would require the issuance of a site plan approval pursuant to Section 18.10.050
YMC. In this instance, site improvements include, but are not limited to, connection to City
utilities, frontage (street) improvements, paved parking and landscaping.
Recreational vehicle sales, service and storage is not allowed in the C -1 zone, as it is listed as an
allowed use in the C -2 and C -3 zones.
(360) 958 -3835
(360) 958 -3199 FAX
WWw.ci.ye11n.WO.u8
The Community Development Department offers a presubmission meeting, free of charge, for
those wishing to find out what will be required to operate a business at a specific site. If you
have any prospective tenant, we would be happy to meet with them and you to discuss what
improvements or permitting would be required based on the proposed use.
This letter is an official determination and may be appealed within 21 days of the date of this
letter. [Section 18.10.100 YMC -attached]
If you have any questions, or wish to pursue an appeal, please contact me at 360.458.8496.
Sincerely,
Tami Merriman, Associate Planner
Community Development Department
February 12, 2016 Page 2 of 2