Hard File Scanned
Pre-Application Meeting
October 30,2002
***These comments are preliminary in nature and are not intended to represent final comments
and or requirements for the City of Yelm U tit a complete application is made, the Community
Development Department can only attempt t inform the applicant of general requirements as they
appear in the form presented by the applica t at the time of pre-submission
Proponent Jim Simmons
Project Proposal Expansion to currentl existing Arrowwood Storage
Project Location 407 2nd St. SE, Yelm A 98597
Zoning
and Setbacks.
Commercial (C-1) hapter 17.26
Minimum lot size ,000 square feet.
Side yard setbacks - to feet
Rear yard setback - 20 feet
Front yard setback - 15 feet
Maximum height of buildi gs shall be 40 feet.
17 84 010 Generally - Committee m mbership
A. Site plan review and approval s all be required prior to the use of land for the
location of any commercial, indu trial or public building or activity, including
environmental checklist review, nd 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, regulat d or special use activity on lands containing a
wetland or wetland buffer areas ursuant to the requirements of Chapter 14 08
YMC
8 Exemptions from site plan revie and approval shall be granted by the site plan
review committee if' there is no ddition of square feet or no additional tenant, an
expansion is for storage only (fu ure conversion of storage area would require
compliance with this chapter) an the proposed use is similar as classified by the
Standard Industrial Code Classi ication Manual
History'
The original permission for the storag units was granted in 1993, with conditions of
paving the driveway and installing a si ewalk within 2 years. These conditions were
never met. In 1998, the owner wante to build another building on the premises. The
SPR committee determined that a mi i-storage was not an allowed use The owner
appealed the decision, and the City C uncil determined that a mini-storage was a
similar use, based on the precedence that it was allowed in the first place The City
Council then instructed the Planning Commission to update the zoning code The
owner was encouraged to be a part of that process, as the Planning Commission could
changed the conditions for placement of storage units The owner was also
encouraged to apply for his permit under the standards at that time, so the project
would be "vested" under those standards.
In conclusion, the Planning Commission did change the zoning code to allow mini
storage in the C-1 zone, provided they ar13 not located within 500 feet of an urban
arterial
The site of Arrowwood mini storage is approximately 300 feet from Hwy 507, which is
an urban arterial The site then is classified as a non-conforming use Chapter
1793 012(A) states that nonconforming structures shall not be enlarged upon,
expanded or extended in a manner which would increase the nonconforming aspects of
said structure
The following are basic requirements, if the site was to be expanded or changed to
other permitted uses
Parking
Chapter 17 72 provides requirements for off-street parking Most commercial projects
are based on square footage Example, Retail establishments require one stall per 250
sq ft. of GFA. City of Yelm Development Guidelines require that parking areas be
paved and landscaped Parking plan shall be submitted with Site Plan Review
Ingress/Egress
Ingress and egress at the site shall be consistent with the Yelm Development
Guidelines 48 140 Current access is located on 2nd Street. No additional access shall
be created
Landscaping Chapter 17 SO, Type I, II, III, IV
Type I landscaping is intended to provide a very dense sight barrier and physical buffer
to significantly separate conflicting uses and land use district. A 15 foot Type I
landscaping would be required adjacent to the residential used properties
Type II 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 This landscaping is used around the perimeter of a site
of nonconflicting land uses, and adjacent to buildings
Type III landscaping is intended to provide visual relief where clear sight is desired
This landscaping is utilized along pedestrian corridors and walks for separation of
pedestrians from streets and parking areas
Type IV landscaping is intended to provide visual relief and shade in parking areas
Type V landscaping is required in stormwater retention areas
A conceptual landscaping plan is required with application for Site Plan Review A final
landscaping and irrigation plan is required prior to building permit issuance
Refuse area must be large enough to accommodate a dumpster and recycle bin
Refuse areas must be of a material and design compatible with the overall architectural
theme If fencing is used to enclose the refuse area, it must be landscaped with sight
obscuring vegetation No refuse container shall be permitted between a street and the
front of a building
Traffic
The City has adopted a Transportation Facility Charge (TFC) of $750 00 per pm peak
trip The Ordinance provides a default table that the applicant can use to determine
new pm trips generated A credit is given for existing traffic that had been generated by
that business To determine the projects impact and fee, use the following formula for
the use proposed
New Trip Generation Rate x gross floor area 7 1,000 x $750 00 = TFC
If the applicant feels the proposed use would not generate the default number of trips as
designated in the TFC Ordinance, an analysis prepared by a Washington State Licensed
Engineer can be submitted to the City for review and consideration
SEPA.
An environmental checklist is required if the increase makes project more than 4,000 sq,
ft., or more than 20 parking stalls are created
Application
and Process
Site Plan Review, Chapter 17 84, is an administrative process Minimum application
requirements are located in Section 17 84 060 and are listed on the application form A
project of this size can expect completed review in approximately 10 to 12 weeks Land
use 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
Other Design Guidelines - the attached checklist must be submitted at time of
application, with written responses on how each applicable guideline requirement is
proposed to be met.
Continued Guidelines Guidelines
DESIGN GUIDELINES - Applicable Met
Project Review Checklist
III.C.(2) Meet requirements for parking lot design detail standards.
III.D.(I) Minimize parking areas through joint use and management.
m.D (2) Encourage structured parking.
III.D.(3) Reduce impacts of parking garages.
IV.A.(I) Incorporate human-scale building elements.
IV.B.(I) Reduce scale of large buildings.
IV C (I) Architecturally accentuate building corners at street intersections.
IV.D.(I) Enhance buildings with appropriate details.
IV.E.(I) Retain original facades.
IV.E.(2) Use compatible building materials. (See Building Material Summary
Matrix, pg 59)
IV.F.(l) Treat blank walls that are visible from the street parking or adjacent lot.
IV G.(I) Locate and/or screen roof-mounted mechanical equipment so as not to be
visible from the street or from the ground-level of adjacent properties.
IV G.(2) Where practical, locate and/or screen utility meters, electrical conduit and
other service and utilities apparatus so as not to be visible from the street.
V.F.(I) Use plant materials that are approved for use in downtown Yelm.
Proponents may use other plat materials approved by the City
V G.(I) Develop a site landscape design concept.
V.H.(I) Provide substantial site landscaping.
V.H.(2) Protect and enhance natural features.
V.L(I ) Screen all parking lots as required by Chapter 17.80, Landscaping.
V I (2) An alternative to the required perimeter parking area landscaping plan may
be submitted.
V.L(3) Provide internal parking lot landscaping.
V.J (I) Consider alternative building and parking siting strategies to preserve
existing trees.
I
V.J.(2) . Consider the integration o~pedestrian and bicycle paths with stands of
mature trees where feasible to connect adjacent uses.
DESIGN GUIDELINES - Guidelines Guidelines
Project Review Checklist - Applicable Met
LA.(1 ) Relate development to pedestrian oriented street frontage.
I.A.(2) Relate development to street fronts (other than pedestrian-oriented streets).
LB.(1) MinimIze visibility and impacts of service areas.
LC.(1) Take advantage of special opportunities and mitigate impacts of large
developments.
LD.(1) Reduce impact of service areas and mechanical equipment.
LE.(1 ) Integrate biofiltration swales and ponds into the overall site design.
LF.(1) Enhance the visual quality of development on corners.
LF.(2) Provide a paved pedestrian walkway from the street corner to the building
entrance.
H.A.(l) All pedestrian paths must correspond with federal, state and local codes for
handicapped access, and the Americans with Disabilities Act.
ILA.(2) Provide adequate lighting at the building entries and all walkways and paths
through parking lots.
II.A.(3) Deve]op an on-site pedestrian circulation concept.
ILB (1) Provide a pedestrian path at least 60" wide (preferably 96" wide) from the
street sidewalk to the main entry
ILB (2) Provide pedestrian paths or walkways connecting all businesses and the
entries of multiple buildings on the same development site.
ILB (3) Provide pathways through parking lots
lI.C (1) Where street ROW is insufficient to provide adequate sidewalks buildmgs
and other site features must be set back from the public ROW to achieve at
least minimum sidewalk widths.
ILC (2) Where new streets are developed, provide sidewalks according to minimum
standards.
ILD.(l) Provide, where feasible, pedestrian circulation routes to adjacent uses and
transit.
II.D.(2) Integrate nearby transit stops into the planning of adjacent site
improvements.
ILD.(3) Encourage pedestrian paths from all transit stops through commercia] areas
to residential areas within 1,200 feet
II.E.(1) Enhance building entry access.
II.F.(1) Provide pedestrian-oriented open space at key locations.
I1I.A. (1 ) PrOVIde access roads through large lots WIth more than one street frontage
UI.B.(1 ) Minimize driveway impacts.
I1I.C (1) Meet requirements for location of parking lots on pedestrian-onented
streets.
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The Honorable Philip H. Brandt
Chapter 13
Date' April 6, 2000
Time 1.30 pm
Location. Tacoma
Response Date. March 31. 2000
2
___ f\\ED (9)
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRlCT OF W ASHlNGTON AT SEA TILE
8
In re:
NO. 00-30255
ORDER GRANTING RELIEF
FROM STAY
9
ALFRED L JOHNSTON and ULLIAN M.
JOHNSTON,
10
Debtor
11
12
THIS MA ITER havmg come on regularly on the monon of Creditor Cyril W Randell &
13
Associates, Inc , and the Court baving reviewed the Motion and the subIDlssioDS m suppon thereof
and being othetwlSe fully advised now therefore it is hereby
14
15
ORDERED that Creditor Cyril W Randell & Associates, Inc , is hereby granted immediate
16
rellef from the automatic stay to proceed with foreclosure or other available remedies, to enforce ItS
17
Deed of Trust dated August 24, 1998, recorded in King County under Auditor's File No 3174674,
which encumbers the property legally described as follows
That part of the Southwest quaner of the Southwest quarter of Section 19. townshIp 17
North, Range 2 East, W.M., described as follows:
Commencing at the Southeasterly comer of Block 3 in McKenzie's Second AddItion
to Yelm, as recorded in Volume 8 of Plats, page 104, thence South 37034' West 170
feet along the Northerly line of Second Street extended to the o:ue point of
beginmng; thence South 37034' West 130 feet; thence North 520 26' We~t 250 feet;
thence North 37034' East 130 feet; thence South 52026' East 250 feet to the true
point of beginning
18
19
20
21
22
23
24
~JA{\.~l \ ~kf {)VCy
~
II
2S
II
ORDER GRANTING RELIEF FROM STAY - 1
c:~"y,,"..\OCEt<\Ml"DELL\lo_ , FlIt\BANlCItUPTC"i\n;I<t"."..,..
~ -= fINE. P.s.
^nomcy; ~t l.~,.,
2131 Second ....v<l\UC
Suale. W~on 98Ul
(206) 7~~500
FAX (206) 723~7S'
APR-06-2000 15 00
206 728 0754
'38/
P 02
.q
1
ORDERED that the StIpulatIon attached hereto IS Incorporated herem as a part of this
2
order
3
DATED-
4
5
€I
.
Or
BRUCE , WSBA# 758
10 for Creditor
7
s
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~ / )AJtJ e;
ISlPll ~
JUDGE PmLIP H. BRANDT
Approved as to form:
Notice of Presentation waived.
~~
/A/L
LELAND L. BULL,
Attorney for Debtors
ORDER GRANTING RBI TF.f FROM STAY - 2
CcIM,r.1caI8(;ENlIlANOBl.L\Ioh..... I FOfIlIANKIlUP'TC'lWIi<(.ol'd.wpd
APR-06-2000 15 00
^IK.EN ~ FINE. P.S.
....nomey. at La...
~13' S..ond Aven....
S""ttl~. W2Shington 98121
(206) 72S-4SOO
FAX (206) 72S-07S4
206 728 0754
98/'
P 0"3
1
The Honorable Plulip H. Brandt
Chapter 13
Date. April 6, 2000
Time: 1 :30 p.m.
Location. Tacoma
Response Date March 31, 2000
2
3
4
s
IN TIIE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF WASHINGTON AT SEAITLE
6
In re
NO 00-30255
STIPULATION
7
ALFRED L. JOHNSTON and illUAN M.
JOHNSTON.
s
Debtor
9
The parties hereto stIpulate as follows:
10
1
Cyril W. Randell & AsSocIates Inc.. ("Creditor") shall be granted immedJ.ate relief
11
from the automatIc stay to continue foreclosure proceedings in regard to the property identified in the
12
order to which the stipulatIon is attached.
13
2.
Debtor will vacate the property on or before 6'00 p.m. on May 12,2000, and deliver
14
possession of the same to Creditor
15
3
Debtor shall be entitled to retain the rents for penods through and including
16
April 30, 2000 All rents due and owing for penods commencmg May 1,2000 and thereafter, shall
17
be twned over to Creditor. Debtor shall cause to be delivered to current tenantS a notice advismg
18
them of a transfer of ownership, and theIr obligation to forward rents to counsel for Creditor
19
commencmg May 1.2000, until a new address is provided. In addition, Debtor will deliver to
20
Creditor, on or before May 1, 2000, therr records of rental agreements and renewal due dates, and any
21 landlord's keys.
22
/I
23
II
24
II
25
STIPULATION - 1
C:\MyFiles\BGEN\R.ANDELL\IORI\SIO(\ 1 ForIBANKRUPTCY\$l.pulxion. "'P'1
AIKEN ~ !'INt, ~.s.
.-.nomcp '( !.a.....
2131 Se1:ond Avenue
~ctlc, Washington 95121
(206) m.otsoo
FAX (206) nS.o7S~
APR-06-2000 15 01
206 728 0754
S8/'
p f"'c'
1
2
3
4
The foregomg 15 predicated on Creditor bemg the successful bidder at the foreclosure
4 sale.
S DATED
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STIPULATION - 2
C ;\MyFiles\BGEN\ RAND ELL 'JohlUlOn I Fol'\BANKRUPTCY\$tjp~laLlon. wpd
!JXEN llc FINE. I'.S.
Attorneys" l..1...
2131 Se",nd Avenue
Semi.. WuhinCtOll 98121
(206) 72J-4500
F^X (20(,) 72!.o754
APR-06-2000 15 01
** TOTAL PAGE 0S **
96% P 05
206 728 0754
Law Offices Of
Lawrence E. Nelson, P .8.
102 North Meridian
POBox 217
Puyallup, Washington, 98371
Phone: (253) 845-8895
Fax. (253) 848-4891
Lawrence E. Nelson
W Martin Arthur
David E. Bailey
Mary Gail Carver
February 1, 2000
Alfred L. Patten
17704 120th Avenue SE
Yelm, Washmgton 98587-9202
Re: Patten v. Johnston. et al.
Dear Mr Patten.
Enclosed are copIes of the Order and NotIce for Meeting of Creditors and Proposed Plan
that our offices recently receIved regardmg Johnston's recent Chapter 13 Bankruptcy filing.
As you can see from the Plan, Johnston proposes to pay $1,470 00 per month to you on a
current first mortgage of $95,000 00 and an additional $320 00 per month to you on
arrearages of $11,00000 We will be independently calculating the figures provIded by
Johnston's attorney to venfy theIr accuracy Then, we will subrmt a Proof of Claim form
that the Court requires to be submitted to the Chapter 13 Trustee. It WIll detail the amount
of your claim agamst Johnston. Once we calculate the numbers, we will contact you so
that you have an opportUnIty to reVIew them as well. And, I WIll be contactmg you to
dISCUSS the bankruptcy matters m more detail wlthm the next two or three weeks
To respond to your letter to Larry Nelson of our office, we will make sure that we address
any correspondence to you with your proper address As far as the bankruptcy process, It
can be "a long, drawn out process", but as Johnston's plan demonstrates, you will most
likely be receivmg payments from the Bankruptcy Trustee once the Plan IS confirmed. Of
course, Johnson's bankruptcy could always be dismissed for failure to comply WIth Court
rule or statute In that case, the Superior Court lawsuit could be reVIved. Or, after
analyzing this matter m more detail, It may appear that you have a good opportUnIty to
move for relief from the bankruptcy automatic stay to continue with a foreclosure on the
property That analysis will hinge upon whether or not JOhnston~~~ity in the property is
in danger of diminishing because of his failure to comply with C zoning and/or
plannIng requirements. Once agam, after we have a chance to analyze these factors in more
detail, we will be m contact WIth you to discuss them further
If you have any other questions or comments, please do not heSItate to contact me or Larry
Very truly yours,
LA W OFFICES OF LAWRENCE E. NELSON, P S
j)~ 7( vtl j
DAVID E. B~v']
DEB Jms
Enclosures
Patten.ltr 0201 OO\j
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF WASHINGTON
..lFRED L JOHNSTON
) BOX 1899
RECEIVED
FES 1 2000
CHAPTER 13 CASE # 00-30255
JUDGE Philip H. Brandt
1.E:
LAWRENCE NELSON ATTY
PO BOX 217
~LM WA 98597
3N 540-38-4897
LAW OFFICES OF
LAWRENCE E NELSON
PUYALLUP WA
98371
[LLIAN M JOHNSTON
)7 SE 2ND ST
~LM WA 98597
3N 531-42-2569
-----------------------------------------------------------------------------
tDER AND NOTICE FOR MEETING OF CREDITORS TO BE HELD ON 03/02/00 AT 8:00 AM
tDER AND NOTICE FOR CONFIRMATION HEARING TO BE HELD ON 04/06/00 AT 1:30 PM
~----------------------------------------------------------------------------
)rder for relief under Chapter 13 of Title 11 of the united States Code was
~red on January 13, 2000 upon filing of a petition by the above debtor{s)
i result of the filing of the petition, certain acts and proceedings against
debtor(s) and property of the debtor(s) are stayed as provided in 11 USC 362
and against certain codebtors as provided in 11 USC 1301. The Court, the
)ter 13 Trustee and the Chapter 13 Trustee's staff are prohibited from giving
:1.1 advice.
~eting of Creditors under
JO AM at:
11 USC 341{a) will be held
US Bankruptcy Court
2ND FLOOR COURTROOM J
1717 PACIFIC AVE
TACOMA WA 98402
March
2, 2000 at
debtor(s) shall appear in person at that time and place for examination. At
meeting parties-in-interest may file claims, examine the debtor(s), and
lsact such other business as may properly come before this meeting. The
ing may be continued to another time by announcement at the meeting without
her written notice to creditors.
)rder to have a claim allowed and participate in the distribution of any
dends, a CREDITOR MUST FILE A CLAIM IN DUPLICATE, even if the creditor is
on the list of creditors filed by the debtor(s). CLAIMS WHICH ARE NOT FILED
ray 31, 2000 WILL NOT BE ALLOWED EXCEPT AS OTHERWISE PROVIDED BY LAW
CLAIM OF A GOVERNMENTAL UNIT MUST BE FILED BY July 11, 2000 OR IT WILL
BE ALLOWED EXCEPT AS OTHERWISE PROVIDED BY LAW OBJECTIONS TO CONFIRMATION
be filed with the Clerk at the Courthouse address given herein, and with
Chapter 13 Trustee four (4) calendar days before April 6, 2000. THE
ING ON CONFIRMATION of the plan and on timely filed Objections to
irmation will be held April 6, 2000 at 1:30 PM at:
US Bankruptcy Court
COURTROOM I
1717 PACIFIC AVE
TACOMA WA 98402
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF WASHINGTON
IN RE:
CHAPTER 13 CASE # 00-30255
JUDGE Philip H. Brandt
ALFRED L JOHNSTON
PO BOX 1899
LAWRENCE NELSON ATTY
PO BOX 217
YELM WA 98597
SSN 540-38-4897
LILLIAN M J0HNSTON
REceIVED
FFR 1 2000
LAW OFFICES OF
LAWRENCE E NELSON
PUYALLUP WA
98371
407 SE 2ND ST
YELM WA 98597
SSN 531-42-2569
-------------------------------------------------------------------------------
ORDER AND NOTICE FOR MEETING OF CREDITORS TO BE HELD ON 03/02/00 AT 8:00 AM
ORDER AND NOTICE FOR CONFIRMATION HEARING TO BE HELD ON 04/06/00 AT 1:30 PM
-------------------------------------------------------------------------------
An order for relief under Chapter 13 of Title 11 of the United States Code was
entered on January 13, 2000 upon filing of a petition by the above debtor(s)
As a result of the filing of the petition, certain acts and proceedings against
the debtor(s) and property of the debtor(s} are stayed as provided in 11 USC 36
(a) and against certain codebtors as provided in 11 USC 1301. The Court, the
Chapter 13 Trustee and the Chapter 13 Trustee's staff are prohibited from givin
legal advice.
A Meeting of Creditors under
8:00 AM at.
11 USC 341(a) will be held
US Bankruptcy Court
2ND FLOOR COURTROOM J
1717 PACIFIC AVE
TACOMA WA 98402
March
2, 2000 at
The debtor(s) shall appear in person at that time and place for examination. At
the meeting parties-in-interest may file claims, examine the debtor(s), and
transact such other business as may properly come before this meeting The
meeting may be continued to another time by announcement at the meeting without
further written notice to creditors.
In order to have a claim allowed and participate in the distribution of any
dividends, a CREDITOR MUST FILE A CLAIM IN DUPLICATE, even if the creditor is
not on the list of creditors filed by the debtor(s). CLAIMS WHICH ARE NOT FILED
BY May 31, 2000 WILL NOT BE ALLOWED EXCEPT AS OTHERWISE PROVIDED BY LAW.
THE CLAIM OF A GOVERNMENTAL UNIT MUST BE FILED BY July 11, 2000 OR IT WILL
NOT BE ALLOWED EXCEPT AS OTHERWISE PROVIDED BY LAW. OBJECTIONS TO CONFIRMATION
must be filed with the Clerk at the Courthouse address given herein, and with
the Chapter 13 Trustee four (4) calendar days before April 6, 2000. THE
HEARING ON CONFIRMATION of the plan and on timely filed Objections to
Confirmation will be held April 6, 2000 at 1:30 PM at:
US Bankruptcy Court
COURTROOM I
1717 PACIFIC AVE
TACOMA WA 98402
IN RE:
ALFRED L JOHNSTON
PO BOX 1899
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF WASHINGTON
CHAPTER 13 CASE NO:00-30255
LILLIAN M JOHNSTON
407 SE 2ND ST
YELM WA 98597 YELM WA 98597
SSN 540-38-4897 SSN 531-42-2569
01-13-00----------------------------------------------------------------03-02-0
, REAL ESTATE PROOF OF CLAIM
CR# 027918/0001---------------------------------------------------------05-31-0,
1 All disbursements and notices will be sent to Comm:
the creditor listed. If you wish to change the Acct# ALFRED PATTEN
payee or address, do so below. If you assigned If account number is
the account to a collection agency, you or the incorrect, change here
agency must file a claim. YOU ARE RESPONSIBLE
FOR PROVIDING THIS INFORMATION TO YOUR AGENCY.
LAWRENCE NELSON ATTY
PO BOX 217
PUYALLUP WA
9837
2 Principal balance (As of end of 03/02/00) $
Interest rate on 01/13/00 %
3 Arrearage amount: (Through end of 03/02/00 ) $
(Trustee will treat as a separate secured claim at $
payments from through @ $
# mm/yy mm/yy
payments from through @ $
# mm/yy mm/yy
_late chgs from through_ @ $
# mm/yy mm/yy--
4 Does this mortgage have an adjustable interest rate?
5 Legal fees. Explain
.00 per month.)
each = $
each $
each $
$
$
$
6 Other amounts due: Explain
TOTAL ARREARAGE (Add 3, 5 & 6 together)
7 Monthly payment due each month (Do not include late charges.):
8 The debtor has listed your claim as CURRENT HOUSE PAYMENT
9 This claim is filed as
( ) Secured-You MUST attach a legible copy of all security
instruments, promissory note, title and proof of perfection
Priority-State the basis thereof and attach a statement.
Unsecured-Attach a copy of a statement of account, any note
or judgment
IF ATTACHMENTS ARE NOT AVAILABLE, SET FORTH REASON AND ATTACH HERETO. CLAIMS
RECEIVED WITHOUT THIS DOCUMENTATION MAY BE OBJECTED TO BY THE TRUSTEE.
10 The claimant signing below asserts that he/she is duly authorized to make
this proof of claim; the debtor is indebted to the claimant in the above
amounts; and there are no setoffs or counterclaims which the debtor may have
except:
FILE IN DUPLICATE INCLUDING
ANY ATTACHMENTS WITH:
CHAPTER 13 TRUSTEE
Post Office Box 1255
Tacoma WA 98401
(253) 572-6600
PENALTY FOR
IMPRISONMENT
$
Date
Signature
Printed Signature
Title
Telephone Number
[JB .01/31/00]
FILING A FRAUDULENT CLAIM-FINE OF
FOR NOT MORE THAN 5 YEARS OR BOTH
NOT MORE THAN $5000 OR
TITLE 18, U S C. 152
IN RE.
ALFRED L JOHNSTON
PO BOX 1899
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF WASHINGTON
CHAPTER 13 CASE NO:00-30255
LILLIAN M JOHNSTON
407 SE 2ND ST
YELM WA 98597 YELM WA 98597
SSN 540-38-4897 SSN 531-42-2569
01-13-00----------------------------------------------------------------03-02-0
REAL ESTATE PROOF OF CLAIM
CR# 027918/0001---------------------------------------------------------05-31-0
1 All disbursements and notices will be sent to Comm:
the creditor listed. If you wish to change the Acct# ALFRED PATTEN
payee or address, do so below. If you assigned If account number is
the account to a collection agency, you or the incorrect, change here
agency must file a claim. YOU ARE RESPONSIBLE
FOR PROVIDING THIS INFORMATION TO YOUR AGENCY.
LAWRENCE NELSON ATTY
PO BOX 217
PUYALLUP WA
9837
2 Principal balance (As of end of 03/02/00) $
Interest rate on 01/13/00 %
3 Arrearage amount: (Through end of 03/02/00 ) $
(Trustee will treat as a separate secured claim at $
payments from through @ $
.00 per month )
each = $
each = $
each = $
$
$
#
mm/yy
mm/yy
payments from
through
@ $
# mm/yy ~/yy
late chgs from through @ $
# mm/yy mm/yy
4 Does this mortgage have an adjustable interest rate?
5 Legal fees: Explain
6 Other amounts due. Explain
TOTAL ARREARAGE (Add 3, 5 & 6 together)
$
$
7 Monthly payment due each month (Do not include late charges.).
8 The debtor has listed your claim as CURRENT HOUSE PAYMENT
9 This claim is filed as
( ) Secured-You MUST attach a legible copy of all security
instruments, promissory note, title and proof of perfection.
Priority-State the basis thereof and attach a statement.
Unsecured-Attach a copy of a statement of account, any note
or judgment.
IF ATTACHMENTS ARE NOT AVAILABLE, SET FORTH REASON AND ATTACH HERETO. CLAIMS
RECEIVED WITHOUT THIS DOCUMENTATION MAY BE OBJECTED TO BY THE TRUSTEE.
10 The claimant signing below asserts that he/she is duly authorized to make
this proof of claim; the debtor is indebted to the claimant in the above
amounts; and there are no setoffs or counterclaims which the debtor may have
except:
FILE IN DUPLICATE INCLUDING
ANY ATTACHMENTS WITH
CHAPTER 13 TRUSTEE
Post Office Box 1255
Tacoma WA 98401
(253) 572-6600
PENALTY FOR
IMPRISONMENT
Date
Signature
Printed Signature
Title
Telephone Number
[JB .01/31/00)
FILING A FRAUDULENT CLAIM-FINE OF
FOR NOT MORE THAN 5 YEARS OR BOTH
NOT MORE THAN $5000 OR
TITLE 18, U S C 152.
uNITED ST]l.TES Br-NKRUP'rC'l COURT
..,1$"" 0""''' '" 0' ."".,.or<>. AT "COM"
!All1
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DebtOrts) )
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, ,oet"..tioe' .h'" 'e"~~' ai, ~" ,e,und' eo ,ued'e' the ";"b" the
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'e eM ,l,n '~~i~. 0' eo".e"" .e.eed ,n ~~~e :0 ,1". ,h' un..,.."d
confirll\at~on , d d fo1.l01lling t.ill\elY oP)ee ~
unlesS ot.her~3.se oJ: ere
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uNSECUREO C",INS Ftom ehe b".e" ,...ini~' ,'te' ehe above pa,.ent.
d,v'dend' co ..nc.,...d ".d,eo" who'c ,1"'" .'c a"owed " ,olloW'
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"""ey ,cne.l a"cemeee' in chc o,d'narY ,ou'c' 0' bu.,ee..
TM ,o"ow'" "ed~l be p,'d di,..ely bY ehe pebto" aod .Mn
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unseeure ere ~ . .. "h' pl
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~ertifY
General order
eh.e ehi' ,'an ,oe'o,", w,eh ,ppl","l' total R..l' o.
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~531AJ.~A .,1,./1/0 ,JI.J"O________-
~ ~~.
i?~
City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
March 1,2000
Mr AI Johnston
Yelm Mini Storage
PO Box 1899
Yelm, WA 98597
Dear Mr Johnston
In 1993, the Planning Commission approved the mini-warehouse development proposal for your
property located at 407 Second Street SE, Yelm, WA. The approval of the project was issued
subject to the following conditions.
1 The applicant shall construct frontage improvements along Second Avenue SE
within two years of occupancy
2 The applicant shall pave all area's on the project site approved for automobile use
within two years of occupancy
The City has repeatedly requested that the above improvements be constructed and the site be
brought into compliance with the conditions of the permit. Until such time that you bring your site
into compliance with the original approval the City can not issue any type of permit for the site
If you have any questions I can be reached at (360) 458-8408
Sincerely, -;.
~ Ie t,-"-..l~I';,,j~
Catherine Carlson
City Planner
Co>>p If fJt1A /-E' /by -
~Q'fU
cc' Shelly Badger
-
AIKEN & FINE, P.S.
ATTORNEYS AT LAW
2131 SECOND AVENUE
SEATTIE, WASHINGTON 98121
~ {-;~:~~... j
.~~~ ..
, .. <'~!Si~~.....
P 130 424 460
l- . J
~ ~ ,~:~~
PB METER
5421148
r~1
Alfred Pa1:'ten
21733 - 1841:h St:reet: SE
Yelm~ WA 98597-
'~~~~'"?"'r lS.'~'s'
to ~/c;
PATf733 qe~qy~q~O ~7~q oe ~O/~ci/99
NOTIFY SENDE~ OF NEW ADD~ESS
PATTEN
~7704 ~20TH AVE SE
YELM WA 98597-9202
11-3
11.1..1..1..1.1.1.1..1...11.1....1.111.....1.111....1..1.1.1.1
Deed of Trust dated January 7, 1993, recorded January 11, 1993, under File No 9301110044, to secure an
indebtedness of $65,00000; and any interest, advances or other obligations secured thereby;
Grantor' Alfred L. Johnston and Lillian M Johnston, husband and wife
Trustee. Capital City Escrow, Ltd.
Beneficiary' Alfred Patten, as his separate estate
IN TIrE SUPERIOR COlJRT OF TIrE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF THURSTON
)
)
)
)
)
)
ALFRED L. JOHNSTON and T IT T TAN M. )
JOHN'STON, husband and WIfe; ERIC eM. )
BERGSTROM and KIMBERLY DM. )
BERGSTROM, husband and wife; CY1UL \V. )
RAL'IDELL & ASSOCIATES, INC., FRON11ER )
BAJ.~""K. TRUSTEE FOR ALVIN M SION IRA; )
A..PEC, me.; ALASKA CASCADE )
WANCIALSERVICES, INC., a Washmgton )
corporation. ~
)
)
ALFRED L P ATIEN",
Plaintiff,
v.
Defendants.
No.
99
2
01$7.1 9
SUM:MONS
... ~_--,-_._<J~:' _"c:.. '__-'---"_~_'_
~........~~ :.'~:. ...'_"'-'\6... _,.:.-:;'""............................~~~~......._~~. .-........-.._'_.,-_....__...-...._"".",_........,___.........._.........~;>~~
~~--~~ .~~....,..
"-. ~-ecJ!.a:>v-c cv /
6/~[
Return to'
TfLU}t--ez -:=:;:AU-
/D/;;
Bruce Fine
Aiken & Fine, P S
2131 Second Avenue
Seattle, W A 98121
("
Document Title(s) Notice of Trustee's Sale
Numbers of related documents. Deed Of Trust: 3174674
Grantor(s) Cyril W. Randell & Associates, Inc.; Fine, Bruce
Grantee(s) Johnston, Alfred L. 'and Lillian M.; Public
Legal Descnption: Ptn SW SW 19-17-2E
Assessor's Property Tax Parcel Account Number(s) 227-19-332600
NOTICE OF TRUSTEE'S SALE
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 14th day of
January, 2000 at the hour of 11 :00 a.m., in the front entrance to the Thurston County
Courthouse, 2000 Lakendge Dr SW, in the City of Olympia, State of Washington, sell at
public auction to the highest and best bidder, payable at the time of sale, the followmg
described real property, situated m the County of Thurston, State of WashIngton, to WIt:
{
\-.-
NOTICE OF TRUSTEE'S SALE -11
That part of the Southwest quarter of the Southwest quarter of Section 19,
TownshIp 17 North, Range 2 East, W M , described as follows
Commencrng at the Southeasterly corner of Block 3 rn McKenzIe's Second
AddItion to Yelm, as recorded in Volume 8 of Plats, page 104, thence South
370 34' West 170 feet along the Northerly line of Second Street extended to
the true pornt of begmmng; thence South 370 34' West 130 feet; thence North
520 26' West 250 feet; thence North 370 34' East 130 feet; thence South 520
26' East 250 feet to the true pornt of beginning
The postal address of WhICh IS more commonly known as
407 SE 2nd
Yelm, W A 98597
and which is subject to that certain Deed of Trust dated August 24, 1998, recorded August
25, 1998 under Auditor's File No 3174674, records of Thurston County, Washington, from
Alfred L Johnston and Lillian M. Johnston, as Grantors, to Bruce Fine, Aiken & Fine, P S
Attorneys at Law, as Trustee, to secure an obligation in favor of Cyril W Randell &
Associates, Inc., as Beneficiary
II
(
No actIon commenced by the Beneficiary of the Deed of Trust is now pendrng to seek
satIsfactIon of the oblIgatIOn rn any Court by reason of the Borrowers' or Grantors' default
on the obligation secured by the Deed of Trust.
ill
The defaults for which this foreclosure is made are the failure to pay when due the
following amounts whIch are now in arrears
Pr1Ilcipal.
Balance of obligatIon which became
payable in full on July 31, :1999
$165,00000
Monthly Payments'
I
Ten (10) monthly payments at $2,062 50 each
I
(November, 1998 - July, 1999)
$ 20,625 00
Late Char~es:
Ten (10) late charges of $206 25 for monthly
payments not made WIthIn 5 days of theIr due
dates (October, 1998 - July, 1999)
$ 2,062.50
(
NOTICE OF TRUSTEE'S SALE .. 2 -
Default Interest.
Default Interest from October 1 - 12, 1998 and
from November 1, 1998 through July 31, 1999 accruIng
at $45 21 per day and at $113 01 per day thereafter
$ 21,202 38
TOTAL PrincIpal, Monthly Payments, Late Charges, And
Default Interest Through October 13, 1999
$208,889 88
IV
The sum owing on the obligation secured by the Deed of Trust IS PnncIpal of
$165,000 00, together with Interest as proVIded In the note or other Instrument secured from
the 1st day of October, 1998, and such other costs and fees as are due under the note or
other Instrument secured, and as are provided by statute
V
The above-described real property wIll be sold to satIsfy the expense of sale and the
obligatIon secured by the Deed of Trust as provIded by statute The sale wIll be made
without warranty, express or Implied, regarding title, possession, or encumbrances on the
14th day of January, 2000 The defaults referred to In Paragraph III must be cured by the
3rd day of January, 2000 (11 days before the sale date) to cause a discontInuance of the sale
The sale will be discontinued and termInated If at any trrne on or before the 3rd day of
January, 2000 (11 days before the sale date), the defaults as set forth In Paragraph III are
cured and the Trustee's fees and costs are paid The sale may be termInated any tIme after
the 3rd day of January, 2000 (11 days before the sale date), and before the sale by the
Borrower, Grantor, any Guarantor, or the holder of any recorded Jumor hen or encumbrance
paying the entire pnncipal and Interest secured by the Deed of Trust, plus costs, fees, and
advances, If any, made pursuant to the terms of the obhgation and/or Deed of Trust, and
cunng all other defaults
VI
A wntten notice of default was transmItted by the BeneficIary or Trustee to the
Borrowers and Grantors at the following address
POBox 1899
Yelm, W A 98597
by both fIrst class and certIfied mail on the 8th day of July, 1999, proof of whIch IS In the
possessIOn of the Trustee, and written notice of default was posted In a conspicuous place on
the real property described in parkgraph I above, and the Trustee has possessIOn of proof of
such servIce or postIng
NOTICE OF TRUSTEE'S SALE - 3 -
VII
The Trustee whose name and address are set forth below wIll provIde III writing to
anyone requesting It, a statement of all costs and fees due at any tune pnor to the sale
vrn
The effect of the sale will be to deprive the Grantor and all those who hold by,
through or under the Grantor of all theIr Illterest III the above-described property
IX
Anyone having any objection to the sale on any grounds whatsoever will be afforded
an opportunity to be heard as to those objections If they bring a lawsuit to restrain the sale
pursuant to RCW 61 24 130 Failure to bnng such a lawsUIt may result III a waiver of any
proper grounds for invalidating the Trustee's sale
x.
NOTICE TO OCCUPANTS OR TENANTS:
<:
The purchaser at the Trustee's Sale IS entItled to possessIon of the property on the
20th day following the sale, as against the Grantors under the Deed of Trust (the owners)
and anyone having an Illterest Junior to the Deed of Trust, including occupants and tenants
After the 20th day followmg the sale, the purchaser has the nght to evict occupants and
tenants by summary proceedings under the unlawful detainer act, Chapter 59 12 RCW
XI
NOTICE TO GUARANTOR(S)'
1. A guarantor may be lIable for a defiCIency Judgment to the extent the sale
price obtained at the trustee's sale is less that the debt secured by the deed of trllSt;
2 A guarantor has the same rights to reInState the debt, cure the default, or repay
the debt as IS gIven to the grantor ill order to aVOId the trustee's sale,
3 A guarantor will have no right to redeem the property after the trustee's sale,
4 Subject to such longer penods as are provIded III the Washington deed of trust
act, Chapter 61 24 RCW, any action brought to enforce a guaranty must be commenced
I
WIthIn one year after the trustee's sale, or the last trustee's sale under any deed of trust
granted to secure the same debt;
(
NOTICE OF TRUSTEE'S SALE i 4-
5 In any actIon for a deficIency, a guarantor will have the right to establIsh the
fal! value of the property as of the date of the trustee's sale, less prior lIens and
encumbrances, and to limIt Its lIability for a defiCIency to the difference between the debt and
the greater of such fal! value or the sale pnce paid at the trus ee's sale, plus interest and
costs
OCT 1 3 1999
RUCE FINE
2131 Second Avenue
Seattle, W A 98121
206-728-4500
LIZ Giba
DATED
STATE OF WASHINGTON )
) SSe
COUNTY OF KING )
(""
."
On tlns day personally appeared before me Bruce Fine to me mown to be the
individual, described in and who executed the WIthIn and foregomg mstrument, and
acmowledged that he sIgned the same as his free and voluntary act and deed, for the uses
and purposes therein mentioned.
Given under my hand and OffiCIal seal this/.-cI day of OC77JA3&t.
199~
""""'"
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blic m an
of W gton.
CommIssion Ex~es. ~ -2 '2 -0 2-
Printed Name UZ,q. 'In+ 1(. G-IBA
NOTICE OF TRUSTEE'S SALE - 5 -
'"
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2
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;~t ~i.
.~t
'~~~
AUG 2 Q 1999
,
"" . .,...,.. ,,~,. -- ,.'" ::--- ......; ~ ~-)-l
enJ fJt:: '...~ /\~ 1 ,..) t.-t It ,
THUR~~~/r(~~J'J"1~:~ }'~~'GL.L9K
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF THURSTON
)
)
)
)
)
)
)
)
)
BERGSTROM, husband and wIfe, CYRil., W )
RANDELL & ASSOCIATES, INC., FRONTIER)
BANK, TRUSTEE FOR ALVIN M. SION IRA, )
APEC, INC , ALASKA CASCADE )
FINANCIAL SERVICES, INC , a Washmgton )
corporatIOn. )
)
)
)
ALFRED L. PATTEN,
01571
\)
..
PlamtIff,
No
99
2
SUMMONS
v
ALFRED L. JOHNSTON and LILLIAN M.
JOHNSTON, husband and wIfe, ERIC C.M.
BERGSTROM and KTh1BERL Y D.M.
Defendants.
A lawsUIt has been started agamst you In the above entItled Court by the above named
PlaIntIff PlaIntIffs claim IS stated In the wntten complaInt, a copy of wluch IS served upon you WIth
thIS Summons
In order to defend agaInst the lawsUIt, you must respond to the complaInt by statIng your
defense In wntIng, and serve a copy upon the undersIgned attorney for the PlaIntIff wIthIn 20 days
after the servIce of thIS Summons, If served WIthIn the State of WashIngton (or WIthIn 60 days after
service, exclusIve of the day of servIce, If served out of the State of Washmgton), excludIng the day
of serVIce, or a default Judgment may be entered agaInst you WIthout notIce A default Judgment IS
one where PlaIntIff are entItled to what they ask for because you have not responded. If you serve a
notIce of appearance on the undersIgned attorney, you are entitled to notice before a default Judgment
may be entered.
You may demand that the PlaIntIff file thIS laWSUIt WIth the Court. If you do so, the demand
must be In wntIng and must be served upon the PlaIntIff WithIn 14 days after you serve the demand,
the PlaIntIff must file thIS law~UIt WIth the Court, or the servIce on you of thIS Summons and
complaInt will be void. '
SUMMONS
patten johns ton.s ummons
Page 1
Law Offices of
LAWRENCE E. NELSON, P.S.
102 North Meridian, POBox 217
Puyallup, Washington 98371
(253) 845-8895
1
2
3
4
5
6
7
8
9
10
If you wIsh to seek the advIce of an attorney m thIS matter, you should do so promptly so that
your wntten response, If any, may be served on time
ThIS Summons IS Issued pursuant to Rule 4 of the Supenor Court CivIl Rules of the State of
Washmgton.
DATED tills -fl- day of August, 1999
LAW OFFICES OF LAWRENCE E. NELSON, P S
11
12
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15
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SUMJ\10NS
patten johns ton.s ummons
Law Offices of
LA WRENCE E. NELSON, P.S.
102 North Meridian, POBox 217
Puyallup Washmgton 98371
(253) 845-8895
Page 2
1
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IN THE SUPERIOR COURT OJUnl?l'~ OF WASHINGTON
IN AND FOR T~J:;9P"NTygfJf#URSTON
bUr...., """ \ ~..;" 1D
__.~"""~l'"r"\; . "'\ ~uL
tit:::"',, .~,-'-'TI /"LERK
T' jl "~""'.'1' '''', ' "J,)N' , v
run;:;;'~T ~
) NO 9 9 2 0 15 7 1
)
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)
)
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)
ALFRED L. P A TIEN,
PlamtIff,
v
ALFRED L. JOHNSTON and LILLIAN M.
JOHNSTON, husband and wIfe, ERIC
e.M. BERGSTROM and KIMBERLY
D.M. BERGSTROM, husband and wIfe,
CYRIL W RANDELL & ASSOCIATES,
INe., FRONTIER BANK, TRUSTEE FOR
ALVIN M. SION IRA, APEC, INC ,
ALASKA CASCADE FINANCIAL
SERVICES, INC , a Washmgton
corporatIOn.
Defendants.
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COMPLAINT ON PRONIISSORY
NOTES AND FOR FORECLOSURE
OF DEED OF TRUST
CONtE NOW PlamtIff and by way of cause of actIOn allege the followmg'
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That the PlamtIff, Alfred L. Patten, now and at all times matenal to thIS actIOn,
reSIdes at 17704 120th Avenue SE, Yelm, Washmgton 98597-9202
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That Defendants, Alfred L Johnston and LillIan M. Johnston, husband and
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WIfe, reside at 407 S.E. Second Street, Yelm, Washmgton 98597
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That on January 7, 1993, the Defendants, Alfred L. Johnston and LIllIan M.
Johnston, husband and WIfe, for valuable conSIderatIon, made, executed and delIvered to the
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PlamtIff, Alfred L. Patten, theIr Replacement Proffilssory Note m wntmg, m the sum of
Seventy Five Thousand Dollars ($75,00000) [pnmary note] a copy of WhICh IS attached
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hereto, marked "ExhibIt "I" a~d by reference mcorporated herem. Smd Replacement
Proffilssory Note replaced that certmn Proffilssory Note executed by the Makers hereof dated
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January 7, 1993 m the ongmal pnncIpal amount of SIxty Five Thousand Dollars ($65,000 00)
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COMPLAlliTFORFORECLOSURE
OF DEED OF TRUST
patten,johnston cmplt
Page 1
Law Offices of
LAWRENCE E. NELSON, P.S.
102 North Meridian, POBox 217
Puyallup, Washington 98371
(253) 845-8895
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WhICh was secured by Deed of Trust dated January 7, 1993 a copy which IS attached hereto,
marked ExhIbIt "2" and by reference mcorporated herem and which Deed of Trust was
recorded under Thurston County AudItor's recordmg No 9301110044
4 That on June 30, 1993, the Defendants, Alfred L. Johnston and LIllIan M.
Johnston, husband and WIfe, executed and delIvered to the PlaIntIff, Alfred L. Patten, theIr
Supplemental Agreement m wntmg, as assurance that SIdewalks and other off-sIte
Improvements reqUIred of the City of Yelm be constructed wlthm a penod of two (2) years
from the date of final acceptance of a "IllinI storage complex", a copy which is attached hereto
and marked "ExhibIt "3" and by reference mcorporated herem. In Supplemental Agreement
Defendant Johnston agreed that, commencmg WIth the date of SaId final approval of the
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constructIOn by the CIty of Yelm, they WIll pay mto a specIal escrow account the sum of Fi ve
Hundred Dollars ($500 00) per month, WhICh account can and shall only be used for the
payment of constructIOn of the SaId SIdewalks and other off-SIght Improvements reqUIred by
the CIty of Yelm.
5 That on July 1, 1993, the Defendants, Alfred L. Johnston and LillIan M.
Johnston, husband and WIfe, for a valuable conSIderatIOn, made, executed and delIvered to the
Plamtlff, Alfred L. Patten, an addItIOnal ProIllissory Note m wntmg, m the sum of $30,000 00
[addItIOnal note] a copy of whIch IS attached hereto, marked ExhIbIt "4" and by reference
mcorporated herem. The addItIOnal Note IS secured by the Deed of Trust both by the terms of
the addItIOnal Note and by the terms of the Deed of Trust.
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6 At the same tIme WIth the executIOn and delIvery of the aforeSaId proIllissory
note [pnmary note] and as part of the same transactIon, Alfred L. Johnston and LillIan M.
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Johnston, husband and WIfe, who were owners of the real estate herem after described, m order
to secure payment of the SaId ~ote, made, executed and delIvered to Alfred L. Patten, a certam
mstrument m wntmg by WhICr Alfred L. Johnston and LIllIan M. Johnston, husband and WIfe,
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COMPLAlNT FOR FORECLOSURE
OF DEED OF TRUST
patten.johnston cmplt
Page 2
Law Offices of
LA WRENCE E. NELSON, P.S.
102 North Meridian, POBox 217
Puyallup. Washington 9837 I
(253) 845-8895
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deeded m trust to CapItal CIty Escrow, Ltd., for the benefit of Alfred L. Patten, all that certam
real estate located Thurston County, Washington, described as
That part of the Southwest quarter of the Southwest quarter of SectIOn 19,
TownshIp 17 North, Range 2 East, W.M., described as follows
Commencmg at the Southeasterly comer of Block 3 in McKenzIe's Second
AdchtIOn to Yelm, as recorded m Volume 8 of Plats, page 104, thence South 37
degrees 34' West 170 feet along the Northerly lme of Second Street extended to
the true pomt of begmmng; thence South 37 degrees 34' West 130 feet; thence
North 52 degrees 26' West 250 feet; thence North 37 degrees 34' East 130 feet;
thence South 52 degrees 26' East 250 feet to the true pomt of begmning.
The Said deed of trust was thereafter recorded on the 11th day of January, 1993, under
Thurston County AudItor's File No 9301110044
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That as fully appears m the aforesaid pnmary note and deed of trust, the Said
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Defendants as oblIgors thereunder pronused and agreed to pay the pnncIpal sum of Seventy
Five Thousand Dollars ($75,000 000), together wIth mterest thereon at the rate of mne percent
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(9 00%) per annum. Said note provIded for monthly payments (inc1udmg mterest) m the
amount of Seven Hundred SIxty Dollars and 70/100 ($76070) commencmg on July 1, 1993
and a lIke sum on the 1st day of each and every month thereafter untIl Said pnncIpal sum,
together wIth mterest thereon computed on the dec1mmg pnncIpal balance, shall have been fully
paid, ProvIded, however, that a thIrteenth (13th) payment of Seven Hundred SIxty-Dollars and
70/100 ($760 70) shall be made on or before July 1st each year for SIX years commencmg July
1, 1994, It being the mtent of the partIes that the Said yearly 13th payment shall represent
repayment of momes properly owmg dunng the penod of tIme before the date of the first
payment called for herem. Said pnncIpal and mterest shall be paid m lawful money of the
Umted States All payments receIved shall be applIed first to mterest accrued to date of
payment and then to reductIOn :of the pnncIpal balance It IS understood and agreed that there
shall be no balloon payments or early payoff of thIS note untIl It has been m force for ten (10
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years or longer The Defendaht failed to make tImely payment of the installment due on July
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COMPLAINT FOR FORECLOSURE
OF DEED OF TRUST
patten.j ohns ton.cmpl t
Page 3
Law Offices of
LAWRENCE E. NELSON, P.S.
102 North Meridian, POBox 217
Puyallup, Washington 98371
(253) 845-8895
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1, 1999 and that payment remamed unpaId on July 6, 1999 That there IS now due and unpaId
on the pnmary note a pnncIpal balance of Fifty SIX Thousand Fifty Five Dollars and 25/100' s
($56,055.25) There IS also now due and owing an unpaId on the pnmary note the final
"thIrteenth month" payment due and payable on July 1, 1999 m the amount of $76070
Interest has been paId on the note to July 1, 1999
8 That the Defendants has never made any of the $500 00 monthly payments as
provided for m the Supplementary Agreement "ExhibIt "3" nor has the Defendant completed
the Improvements to the property described m the Deed of Trust as reqUIred by the City of
Yelm for whIch the specIal account m the supplementary agreement was to provIde Defendant
IS utterly and completely m default of theIr oblIgatIons due PlaIntIff under the Supplementary
Agreement.
9 That as fully appears m the aforesaId addItIOnal note, the saId Defendants as
oblIgors thereunder prorrused and agreed to pay the pnncIpal sum of $30,000 00, together WIth
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mterest thereon at the rate of ten percent (10%) per annum. SaId note prOVIded for monthly
payments (includmg mterest) m the amount of $396 46 commencmg on the 5th day of August,
1993 and a lIke sum on the 5th day of each and every month untIl saId pnncIpal sum, together
WIth the mterest thereon computed on the declmmg balance, shall have been fully paId. All
payments receIved shall be first applIed to mterest accrued to date of payment then to the
reductIon of pnncIpal balance SaId note dId not prOVIde nor does Defendant have a nght to
pre-pay any of the pnncIpal balance There IS now due and unpaId on SaId note the pnncIpal
balance of $15,90291 and the mterest has been paId on the note to June 5, 1999 and the
PlaIntIff IS entItled to mterest on the pnnclpal balance of the note at ten percent (10%) per
annum from and after that date
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That on July 6, 11999 the PlamtIff declared Defendant to be m default and
accelerated all balances due
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COMPLAUNTFORFORECLOSURE
OF DEED OF TRUST
patten johnston cmplt
Page 4
Law Offices of
LA WRENCE E. NELSON, P.S.
102 North Meridian, POBox 217
Puyallup, Washington 98371
(253) 845-8895
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11 That none of the Defendants are m the rrulItary service of the Uruted States of
Amenca.
12 That at the time of executIOn of the note and deed of trust, the Defendants Alfred
L. Johnston and LIllIan M. Johnston, were husband and wife and theIr actIOns were for the
benefit of themselves mchvIdually and theIr mantal community The Defendants remam
mdIvIdually,jomtly and severally lIable to the Plamtifffor any deficIency remaIrung due after
foreclosure
13 That no other SUIt or actIOn has been mstituted or is now penchng upon the saId
note or to foreclose the deed of trust.
14 That the terms of the saId notes and deed of trust provIde that m the event of any
actIon to collect the note or to foreclose the deed of trust there shall be included m the judgment
a reasonable sum for attorney's fees, together with cost of title search and cost of the action,
mcludmg, but not lIrruted to, such other sums, advanced under the terms of the note and deed
of trust for taxes, assessments, mUnIcIpal charges, and other Items WhIch may constitute lIens
upon the above-descnbed property, together WIth msurance and repairs necessary to prevent
the impairment of the secunty That the sum of Three Thousand Five Hundred Dollars
($3,50000) IS reasonable and should be allowed PlamtIff as attorney's fees m case thIS actIOn
IS uncontested, together WIth such addItIOnal sums as may be reasonable m the event thIS actIon
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be contested. That the PlamtIff IS also entItled to theIr costs as allowed by the court. That
Plaintiff is entitled to Interest at the hIghest rate provided by law on the judgment and theIr
costs, expenses, advances and attorney's fees from the date of judgment.
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That m the eve~t of foreclosure and sale the Plamtiff Waives any defiCIency
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claIm agamst Defendants.
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16 That by the spebfic text of the pnmary note and as a matter of law because of
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the absence of any nght of prepayment m the addItIOnal note, the PlaIntiff IS entItled to an
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CO~LAINTFORFORECLOSURE
OF DEED OF TRUST
patten johns ton cmplt
Page 5
Law Offices of
LA WRENCE E. NELSON, P.S.
102 North Meridian, POBox 2 17
PuyaIIup, Washington 98371
(253) 845-8895
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award of the mterest that would have accrued on both of these notes had they been paId as
agreed and amortIzed to theIr full matunty m the amount of $26,371 62.
17 That Enc C.M. Bergstrom and KImberly D.M. Bergstrom, husband and wIfe,
Cynl W Randell & AssocIates, Inc , FrontIer Bank, Trustee for Alvin M. Sion IRA, Apec,
Inc , and Alaska Cascade FinancIal ServIces, Inc , a Washmgton corporatIOn, all have claImed
some interest in, or hen upon, the above-descnbed property and prerruses or some part thereof
That the interest or hen of saId Defendants, If any, is mfenor, subordmate and subject to the
hen of the PlamtIff
WHEREFORE, PlamtIffs pray for Judgment as follows, to-WIt:
A That the PlamtIff have judgment agamst the Defendants Alfred L. Johnston and
LIlhan M. Johnston, mdIvIdually, jomtly and severally, in the sum of Seventy Two Thousand
Seven Hundred EIghteen Dollars and 86/100's ($72,718 86), together WIth interest thereon as
provIded m the pnmary note and the addItIOnal note, and for mterest due after June 1999 m the
amount of Twenty SIX Thousand Three Hundred Seventy One Dollars and 62/100's
($26,371 62), and for such other sums advanced under the terms of the note and deed of trust
for taxes, assessments, mUnICIpal charges, and other Items WhIch may constItute hens upon the
property, together WIth msurance and repaIrs necessary to prevent ImpaIrment of the secunty,
and for the further sum of Three Thousand Five Hundred Dollars ($3,500 00) reasonable
attorney's fees or such adchtIOnal sums as may be reasonable m the event tills actIOn attorney's
fees If thIS actIOn IS uncontested, and together WIth cost of tItle msurance and PlamtIff's costs
and dIsbursements herem, WIth mterest on smd sums from the date of Judgment at the hIghest
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rate provIded by law
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B That It be adJu?ged m the event of nonpayment of the judgment forthWIth upon
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ItS entry, that PlamtIff's deed of trust be declared a valId first hen upon the land and prerruses
heremabove described, that PI!aIntIff'S deed of trust be foreclosed and that the property covered
thereby be sold at foreclosure :sale m the manner proVIded by law, and the proceeds thereof
COMTLAfrIT FOR FORECLOSURE
OF DEED OF TRUST
patten johnston.cmp1t
Page 6
Law Offices of
LA WRENCE E. NELSON, P.S.
102 North Meridian, POBox 217
PuyalIup Washington 98371
(253) 845-8895
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apphed on saId Judgment and mcreased mterest and such addItIOnal amounts as PlaintIff may
advance for taxes, assessments, mUnIcIpal charges, and such other Items as may constItute
hens upon the property, together wIth msurance and repaIrs necessary to prevent the
ImpaIrment of the secunty, and together wIth mterest thereon from the date of payment.
C That by such foreclosure and sale, the nghts of each of the Defendants and
persons clanrung by, through, or under them subsequent to the executIOn of the deed of trust,
be adjudged mfenor and subordmate to the PlaIntIff's deed of trust hen and be forever
foreclosed except only for the statutory nght of redemptIOn allowed by law
D That the PlamtIff be perrrutted to become a bIdder and purchaser at the sale, and
that the purchaser be gIven theIr statutory hen nghts dunng any penod of redemptIOn pursuant
to RCW 6.22 110
E That the PlamtIff may have such other and further rehef as may be proper and
eqmtable m the prenuses.
F That the PlaIntIff be allowed to amend the pleadmgs to conform to the proof
DATED thIS 17 day of August, 1999
LAW OFFICES OF LAWRENCE E. NELSON, P S
g~~,4~~
(~~Lawr{nce E. Nelson, WSBA # 11576
of Attorneys for PlamtIff
/
CO~LAThITFORFORECLOSURE
OF DEED OF TRUST
patten johnston cmplt
Page 7
Law Offices of
LAWRENCE E. NELSON, P.S.
102 North Meridian, POBox 217
PuyaIlup, Washington 98371
(253) 845-8895
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4 COUNTY OF PIERCE )
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Alfred L. Patten, bemg first duly sworn on oath, deposes and say'
That I am the Plamtlff m the above named actIOn, That I have read the forgomg
complamt for foreclosure, know the contents thereof and belIeve the same to be true and
correct.
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SUBSC~~~..~~ to before me thIS 12- day of August, 1999
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COMPLAINT FOR FORECLOSURE
OF DEED OF TRUST
patten johns ton cmplt
Re ecca J wicldci
N TAR Y P IC m and for the State of
Washmgton resIdmg at Puyallup
My ComrmsslOn expIres 10/23/99
Page 8
Law Offices of
LA WRENCE E. NELSON, P.S.
102 North Meridian, POBox 217
Puyallup, Washington 98371
(253) 845-8895
EXHIBIT
,- j ..
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REPLACEMENT PROMISSORY NOTE
$75,000.00
Yelm., Wasbmgton
January 7, 1993
THIS PROMISSORY NOTE REPLACED THAT PROMISSORY NOTE EXECUTED BY THE MAKERS
liEREOF DATED JANUARY 7,1993, IN THE ORIGINAL PRINCIPAL AMOUNT OF $00,000.00 AND SHALL
BE SECURED BY THE DEED OF TRUST RECORDED DATED JANUARY 7, 1993, AND RECORDED
UNDER THURSTON COUNTY AUDITOR'S RECORDING NO. 9301110044.
FOR VALUE RECEIVED, without grace, IJwe promise to pay to the order of ALFRED P ATI'EN,
as his separate estate, the prmcIpal sum of Seventy-Five Thousand Dollars ($75,00000) with interest thereon
at the rate of nine (9%) percent per annum from January 1, 1993.
Said prmclpal, together WIth interest as aforesaJ.d, shall be paid in monthly payments as follows
(such payments including interest) Seven Hnndred Sixty Dollars and 70/100 ($760 70), only, on the 1st day of
July, 1993, and a like sum on the 1st day of each and every month thereafter nntil said prmcipal sum, together
with interest thereon computed on the declining prmcipal balance, shall have been fully paid, PROVIDED,
however, that a tlurteen (13th) payment of Seven Hnndred SiXty-Dollars and 70/100 ($76070) shall be made
on or before July 1st of each year for six years, commencmg July 1, 1994, it being the intent of the parties that
the saJ.d yearly 13th payment shall represent repayment of momes properly owmg during the period of time
before the date of the first payment called for herein. Said prmcipal and interest shall be paid in lawful money
of the United States. All payments received shall be applied fIrst to mterest accrued to date of payment and then
to reduction of the prinCIpal balance.
It is nnderstood and agreed that there shall be no balloon payments or early payoff of this note until It
has been in force for ten (10) years or longer
If default be made in the payment of tills note, or any porbon thereof, or any interest thereon,
the whole sum of prmClpal and interest shall become immediately due at the option of the holder of this note,
tune bemg of the essence of tills contract, and said prinClpal sum and interest shall bear interest from such
default nntil pmd at the rate of nine (9%) percent per annum.
In case suit is instituted to collect this note or any pornon hereof, we promise to pay such
additional sum as the court may adjudge reasonable as attorney fees in such suit.
This note WIth interest is secured by a Deed of Trust dated January 7, 1993, executed and
delivered by the makers hereof to the said payee conveymg certain real estate described therein situate in
Thurston County, State of Washington.
of WashIngton.
1l!U:i5TQ'1 COU 'I'" :, ~L[ Co.. -7 tfl G GCj
This Space Reserved For Recorder 8 Use
f7iled for Record at Re'loe~t of
Capital City Escrow
EXHIBIT
page 1 Of 2
"2."
-HI 'F : TOt J ': Uum',
(Ii... ,'i'lF I H l,j~
::11 1 j 3: 1 c. 5~ .-11'1
F:Ei~IUE: T OF 'Tre
- 311. - ~~~.j. HU[ 1 TI-IF
E, HLHri [:EF'I :;",
f;:: 00 ~: ;
'0: 1 ';::'041 ,~"'" 5-;-:::
Fi le- tk, :9::: 0 1 1 1 ~_104.+
AFTER RECORDING MAIL TO:
Name
Addrc~s
City, State Zip
Alfred Patten
21733 184th Street
Yelm, WA 98597
SE
Escrow Number' 924479MJR
DEED OF TRUST
(For llse in the Stale of Warhington Only)
THIS DEED OF TRUST, made this
7th
day of
January, 1993
, between
ALFRED L JOHNSTON and LILLIAN M JOHNSTON, husband and wife
, GRANTOR,
whose address is
POBox 1541, Ye1m, WA 98597
Capital City Escrow, Ltd
. TRUSTEE,
whose addres~ i~
202 North Central fJl40, Olympia, WA 98506
, and
ALFRED PATTEN, as his separate estate
, BENEFICIAR Y,
whose address is
21733 184th Street SE, Yelm, WA 98597
WITNESSETH. Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following described real
property in
Thurston
County, Washington:
That part of the Southwest quarter of the Southwest qurter of Section 19, Township 17
North, Range 2 East, w M , described as follows
Commencing at the Southeasterly corner of Block 3 in McKenzie's Second Addition to Yelm,
as recorded in Volume 8 of Plats, page 104, thence South 37 degrees 34' West 170 feet
along the Northerly line of Second Street extended to the true point of beginning, thence
South 37 degrees 34' West 130 feet, thence North 52 degrees 26' West 250 feet, thence
North 37 degrees 3/,' Eas t 130 fee t, thence South 52 degrees 26' Eas t 250 fee t to the true
point of beginning
which real properly is not u~ed principally for agricultural or farming purposes, together with all the tenements, hereditaments,
allll appurtenances now or hereafter thereunto belonging or in any wise appertaining. and the rents, issues and profits thereof
This deed is for the purpose or securing performance or each agreement of gr<mtor herein contained, and payment or the
sum or SIXTY FIVE THOUSAND AND NO/IOO
Dollars ($ 65 ,000 00)
with interest, in accordance with the terms 6r a promissory note of even date herewith, payable to Beneficiary or order, amI made
by Grantor, and all renewals, modifications' and extension~ thereof, and a1~o such further slims as may be advanced or loaned by
Beneficiary to Grantor, or any or their succ~ssors or assigns, together with interest thereon at such rate as shall be agreed upon.
I
To I"oleet the security or this Deed orTrust, Grantor covenanls and agrees:
1 To kc('p the properly in good condilion and rcpnir; to pl"rrnit no wa.c;lc IhcfC'ofj to complete any ouildinj::, Rlructurc or improvement being buill or ahout (0
he huilt thereon; to rc~torc promptly any building, :slructurc or improvement thereon which may be damAGed or destroyed; and to comply with 011 lilw!:;,
ordin:\nccs, rcgulnlions, c(lvcnnnl~. conditions and restrictions affrrling: the property.
LPB 22
2.10 pay helm.. delinquent all lawful Ines and assessmenla upon the property to keep the property f"", and clear of all other charges, lieno or encumbrances
impairing the security of this Deed of Trust.
3. To keep all buildings now or hereafter erected on the. property descnbed herein continuously insured against 1088 by fire or other hazards in an amount not
Icss thsn the total debt secured by Ihis Deed of Trust. All policies shan he held by the Beneliciary, and be in such companies .. the payable lirst to the
Beneficiary as its interest may appear, and then to the Grantor The amount collected applied upon any indebtednetUI hereby seeured in such order all the
Ilcncliciary'shsn determine. Such sppllcaUon by the Ileneliclary shall not cause dlllCOntlnuance of any proceedlnp to fored""" this Deed of Trust. In the
ovent of fored""uro, III rli!>ts of the Grantor In In.urance policies then In force shall p"" to the purch..er It the fored""uro ..Ie.
4. To defend any action or proceeding purporting to arrect the security hereof or the rlghla or powers of Beneficiary or Trustee, Ind to pay an C06la and
expensC8, including cost of title search and aHarneys fees in a reasonable amount, in any 8uch action or proceeding, and in any suit brought by Beneficiary 10
foredo&c this Deed of Trust.
5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured
hereby and Trustee'. and attorney's fees actually incurred, .. provided by stalute.
6. Should Grantor rail to pay when due any taxcs, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove
described, Beneficiary may pay lhe Slme, and the amount 80 paid, with inlerest atlhe rite set forth in the note secured hereby, shall be added to and become a
part of the debt secured in thiN Deed of Trust.
IT IS MUTUALLY AGREED TIIAT
1. In the event any portion of the property is taken or dama2ed in an eminent domain proceeding, the entire amount of the award or Buch portion 88 may be
necessary to fully Sllisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to Slid obligalion.
2. Dy accepting payment of any sum secured hereby after its due date, Beneficiary does not waive ita right to require prompt payment when due of all other
sums so secured or to declare defaull for failure to 80 pay.
3. The Trustee shall reconvey all or anI' part of the property covered by this Deed of Trust to the person entitled tberolo, on written requesl of the Grantor
and the Beneliciary, or upon Sllisfacllon of the obligalion secured and written request for reconveyance made by the Beneficiary or the person enlitled
thereto.
4. Upon default by Grantor in the payment of any indebtedn... secured herebr or in the performance of any agreement contained herein, all sums secured
hereby shall immediately become due and payable at the option of the BeneficlOry. In auch event and upon written request of Beneliciary, Trustee shall sell
lhe trusl property, in accordance wilh the Deed of Trust Act of tbe Slate of Washington, It public auclion to the highest bidder. Any person except Trustce
may bid at Truslee's Slle. Trustee shall apply lhe proceeds of the sale.. folloWll: (1) to the e~ense of the sale, including I reasonable Trustee's fee and
attorncy's fee; (2) to the obligation secured by lhis Deed of Trust; (3) the surplus, if any, .hall he dlstribuled to the persona entitled thereto.
5. Trustee shall deliver to the purchaser at the Slle iIB deed, without warranly, which shsll convey to the purchaser the interest in the property which Grantor
had or had the power to convey althe time of his execution of this Deed of Trust, and luch .. he may have squired thereafter. Trustee's deed shall recile the
facts showing that the sale was conducted in compliance with all the requiremenlS of law and of this Deed of Trust, which recital shall be prima facie evidence
of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrancers for value.
6. The power of Slle conferred by this Deed of Trust and by the Deed of Trust Act of the Slate of Washington is not an exclusive remedy; Beneliciary may
cause this Deed of Trust to he foreclooed.. a mortgage.
7 In the event of the death, incapacity, disability or resignation of TrtlIItee, Beneficiary may appoint in writing a successor trustee, and u(?<!o the recording of
such appoinlment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall he vested With all powers of the
original trustee. The truslee is nol obligated tb notify Iny party hereto of pendin~ Slle under any other Deed of Trust or of any action or proceeding in which
Grantor, Trustee or Beneliciary shall he a party unl... such aclion or proceeding 18 brought by the Trustee.
STATE OF
County of
WASHINGTON
THURSTON
55
'.:.1 ';:'041 r 390:- 574- "-
F-iIe u':' :3::: 1-=, 11 10C144
I certify that I know or have satisfactory evidence that Alfred L Johnston and Lillian M Johnston
..1!I..!Ll.. the persons who appeared before me, and said persons acknowledged that
they signed tills instrument and acknowledge it to be their free and voluntary act for the uses and purposes
mentione in tills instrument.
Dated: _ ,\
9
Notary Public in 0 ' the State of
Residing at Lacey
My appointment expires: 5/7/93
Washington
, o"f,I.F,).;~ '--,-
, '" .
_.-
, UB\..IC. ~ :>:
v, 0 '
'y 7 '\~ '-.;::
....... \\,~J...~
:J~~~' oJ, "..'\'''
REiQUE5T FOR FULL RECONVEYANCE
Do not record. To be used only when note has been paid.
TO: TR USTEE
The undcrsigned is the legal owner and hol4er of the nole and all other indebtedness secured by the wilhin Deed of Trust. Soid note, together with
all other indcbtedn= secured by Slid Deed of Trust, has been fully paid and Sltisfied; and you are hereby requested and directed, on payment to you of any
sums owing to you under the terms of said Deed of Trust, to cancel Slid note above mentioned, and all other evidences of indebtedness secured by Slid Deed
of Trust delivered to you herewith, together with the ~irJ Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of snid
Deed of Trust, all the estate now held by you thereunder. C
Dated ,19_' EXHtBtT' t"
page ~ at ~
LPB 22
EXHIBIT
page 1 of 2
"3"
SUPPLEMENTAL AGREEMENT
THIS AGREEMENT is made and entered into this 30th day of June,
1993 by and between ALFRED PATTEN, a married man in his individual
capacity and dealing in his separate estate, hereinafter called
PATTEN, and ALFRED L. JOHNSTON and LILLIAN M. JOHNSTON, husband and
wife, hereinafter called JOHNSTON.
WIT N E SSE T H:
WHEREAS, JOHNSTON is the owner of the following described real
property located in Thurston County, Washington:
That part of the
Southwest quarter
North, Range 2
follows:
southwest quarter of the
of section D, Township 17
East, W.M., described as
Commencing at the Southeasterly corner of
Block 3 in McKenzie's Second Addition to Yelm,
as recorded in Volume 8 of Plats, page 104;
thence South 37 degrees 34' West 170 feet
along the Northerly line of Second Street
extended to the true point of beginning;
thence South 37 degrees 34' West 130 feet;
thence North 52 degrees 26'; West 250 feet;
thence North 37 degrees 34' East 130 feet;
thence South 52 degrees 26' East 250 feet to
the true point of beginnlng., and
WHEREAS, JOHNSTON is presently in the process of constructing
on the land 8,645 square foot mini storage building together with
chain link fencing and roadway infrastructure and other
improvements and accessories, and
WHEREAS, in order to finance the said construction, JOHNSTON
has borrowed from PATTEN the total sum of Seventy-five Thousand
Dollars ($75,000.00), which debt is reflected by a promissory note
dated January 7, 1993 which note is in the amount of Seventy-five
Thousand Dollars ($75,000.00) and replaces a prior note in the
amount of Sixty-five Thousand Dollars ($65,000.00), which
replacement note is secured by a Deed of Trust on the above-
described real property and improvements recorded with the Thurston
County Auditor on January 11, 1993 under file number 931110044 at
volume 2041 and page 573 records of the said Thurston County
Auditor, and as a part lof the consideration for making the said
loan, the parties have made the following oral agreement which it
is now their desire and! intention that they reduce to writing,
NOW, THEREFORE, it is hereby mutually agreed by and between
the parties as follows:
.'_. II
(( "((1\1)), (
"rJ~_))\\ \
EXHIBIT
page 2 of 2
1. That in order to assure the City of Yelm that
sidewalks and other off-site improvements required of the
City will, in fact, be constructed within a period of two
(2) years from the date of final acceptance of the mini
storage complex hereinabove referenced, JOHNSTON agrees
that, commencing with the date of said final approval of
the construction by the City of Yelm, they will pay into
a special escrow account the sum of Five Hundred Dollars
($500.00) per month, which account can and shall only be
used for the payment of construction of the said
sidewalks and other off-sight improvements required by
the City of Yelm.
"3
2. That, in addition to the payments required by the
promissory note in the amount of Seventy-five Thousand
Dollars ($75,000.00) hereinabove referred to, JOHNSTON
wlll pay to PATTEN into a reserve account monthly a sum
equal to one-twelfth (1/12) of the anticlpated real
property taxes to be assess agalnst the property which is
the subject of the Deed of Trust hereinabove referred to
together with one-twelfth (1/12) of the anticipated
premium on an insurance policy for liability and
comprehensive coverage of the mini storage facility
hereinabove mentioned, which reserve account monthly
payment is hereby declared to be Four Hundred Flfty-five
Dollars ($455.00) per month for the balance of the year
1993, with the first such monthly payment into the said
reserve account to be made on or about the 1st day of
July, 1993, from which reserve account PATTEN shall pay
the real property taxes and insurance premiums on the
said mini storage facility promptly when the same shall
be due with the further provision that should the amount
in the reserve account be insufficient to cover either
the tax payment or insurance premium when they become
due, JOHNSTON will pay into the said reserve account
sufficient additional monies to allow the full payment of
the said taxes and insurance premiums.
3. That this Supplemental Agreement between the parties
is a part and parcel of the consideration for the
financial dealings by and between the parties as
hereinabove set forth.
and
first
SUPPLEMENTAL AGREEMENT - 2
EXHIBIT
.. L/ .
PROHISSORY i:'JOTE
SECOND HORTGfI.GE
$30,000.00
July 1, 1993
Yelm, washington
FOR VALUE RECEIVED, without grace, I/we promise to pay to the
order of ALFRED PATTEN, as his separate estate, the principal sum of
Thirty Thousand Dollars($30,OOO.OO) with interest thereon at the
rate of ten (10%) percent per annum from July 1, 1993.
I
Said principal, together with interest as aforesaid, shall be
paid in monthly payments as follows (such payments including interest).
Three Hundred Ninty Six and 46/100 ($396.46) only, on the 5th day of
August, 1993, and a like sum on the 5th day of each and every month
thereafter until said principal sum, together with interest thereon
computed on the declining principal balance, shall have been fully paid.
Said principal and interest shall be paid in lawful money of the [nited
States. All payments received shall be applied first to interest
accrued to date of payment and then to reduction of the principal.
If default be made in the payment of this note, or any portion
thereof, or any interest thereon, the whole sum of principal and inter-
est shall become immediately due at the option of the holder of this
note, time being the essence of thlS contract, and salc principal and
interest shall bear interest from such default until paia at the race
of ten (10%) percent per annum.
In case suit is instituted to collect this note, or any porcion
hereof, we promise to pay such additional sum as the court may adjudge
reasonable as attorney fees in such suit.
This note, with interest is secured bv a Deed of Trust dated
January 7, 1993 and recorded with the Thur~ton County Audltor on
January 11, 1993 under file number 93111004L at volume 2041 and page
573 records of the said Thurston Countv Auditor, executed and deliv-
ered by the makers hereof to the said payee conveying certain real
estate described therein situated in Thurston County, State of
Washington.
This contract is to be construed in all respects and enforcea
by the laws of the State of Washington.
rAAJ) t PCfl~
ALFREJD L. PATTEN I
'-
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
-
May 13, 1999
jl{l~
~(i;@ (~~ '.T7S~
"r t, eJfJ L () ,
A-fJ ff}ft
-
Iq~ T
Alfred Johnston
PO Box 1899
Yelm, WA 98597
Re Appeal of Similar Use Determination
Dear Mr Johnston
The City Council considered your appeal of the staff's similar use determination for Mini-
Storage Facilities in the C-1 District at their May 12, 1999, meeting After consideration of the
facts presented in the staff report and testimony given at the meeting, the City Council does
find that Mini-Storage Facilities are in fact a similar use in the C-1 District.
FindinQs.
1 In 1993 when the original approval was granted the property was zoned C-1 and at that
time Mini-Storage Facilities were not a specified permitted use, however it was
considered a similar use in the C-1 District at that time
2 The current C-1 District does not specifically exclude Mini-Storage Facilities
Conclusions.
1 In 1993 a precedent was set by determining that Mini-Storage Units are a similar use in
the C-1 District.
2 The intent of the current C-1 District remains the same as the 1993 code. therefore
Mini-Storage Units are still considered a similar use in the C-1 District.
Decision.
The City Council finds that Min-Storage Facilities are a similar use in the C-1 District.
As you know, the City Council has also instructed staff to have the Planning Commission
review the inclusion of mini-warehouse facilities in the C-1 District zoning code chapter The
Planning Commissions review will include a worksession in June and a public hearing in July
As a result the Planning Commission will recommend to the City Council any changes to the
zoning code that they feel are cfppropriate This may include no changes regarding mini-
storage units, changes that require certain development standards be required for mini-storage
units, or that mini-storage units be classified as an excluded use in the C-1 District. Following
their recommendation, the City Council will likely take a final action in August, 1999
Mr Alfred Johnston
May 13, 1999
Page 2
I urge you to be involved in the discussions and attend the Planning Commission meetings
The Planning Commission meets at 4 00 pm on the third Monday of every month
Assuming you are planning on proceeding with the expansion of the mini-storage facility at
your site, for your project to be vested under the current code, the City would need to receive a
complete application prior to any changes in the zoning code Any applications that the City
receives after code amendments are adopted would be subject to the new standards (if any)
If I can be of further assistance or you have any questions please contact me at 458-8408
Sincerely,
~ 4n--
Catherine Carlson
City Planner
cc. Shelly Badger
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Date April 19, 1999
To Mayor Wolf and City Council Members
From Cathie Carlson
Re Appeal of Similar Use Determination made by Staff
LIST OF EXHIBITS.
Exhibit I - Notice of Appeal Application
Exhibit II - Chapter 17 26, C-1 Commercial District
Exhibit III - Chapter 17 93, Nonconforming Uses
Exhibit IV - Similar Use Determination Letter, Dated March 19, 1995
Exhibit V - Standard Industnal Code Classifications
Exhibit VI - Intent Statements from Chapter's 1727, Heavy Commercial
Zone, Chapter 17 28, Large Lot Commercial Zone and Chapter 17 40,
Industrial District.
~OTICE OF ApPEAL
The action before the City Council is a closed record appeal A closed record appeal follows a
Type I Ministerial 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
On March 17, 1999, the Site Plan Review Committee meet with the applicant to discuss the
expansion of Yelm Mini Storage located at 407 2nd Street SE At that time the committee
informed Mr Johnson that mini-storage units were not an allowed use in the C-1 District
(Exhibit II) The current use as a mini-storage facility is nonconforming but is a grandfathered
use and can be maintain, but not expanded upon (Exhibit III, Chapter 17 93, Nonconforming
Uses) Subsequently, on March 25, 1999, a letter (Exhibit IV) was mailed to the applicant
explaining the staff's decision that a mini-storage facility is not a similar use in the C-1 District.
On April 7, 1999, the applicant submitted an Appeal Application (Exhibit I) of the staff's
decision that mini-storage units are no longer a use (or similar use) allowed In the C-1 Zoning
District.
SIMILAR USE DETERMINATION
As provided In Chapter 17 26 030(8) the criteria for a similar use finding shall include but not
be limited to the following
1 That the proposed use IS appropnate In thiS distnct,
2 That the development gUidelines for permitted uses can be met by the proposed
use
3 That ttle public need is served by the proposed use
In addition to the above criteria staff considered the proposed uses' classification in the
Standard Industrial Classification Manual, Executive Office of the President Office of
Management and Budget, 1987, (Exhibit V) and the intent of the other commercial districts in
the City (Exhibit VI, CBD, C-2, C-3 and Industrial)
While the similar use beginning requested is for a specific Site, the objective of the similar use
determination is determine if the use is compatible for all site's in the C-1 Commercial Distnct.
CITY COUNCIL ACTION. The City Council may take on of the following actions request additional
information from staff and/or the appellant; find the staff's decision to be consistent with the
C-1 Commercial District, or find that mini-storage facilities are a similar use in the C-1
Commercial District.
Page 2
Exhibit I
City of Yelm
Notice of Appeal Application - APP99-8234-YL
May 12,1999
CITY OF YELM
PO Box 479
Yelm WA 98597
360-458-3244
OF~l USE ONLY
Fee aD {'L)
"';Jjg,..f-i- '7-A9
By',
File No.
NOTICE OF APPEAL
APPLICATION
APPLICANT A 1 f red L. J 0 h n s ton
Mailing Address p n R 0 x 1 R 9 9
City, State and Zip Y f> 1 m, W A. 985 9 7
Telephone ( 360) 458 - 4 600
LAND USE CASE #
PROPERTY DESCRIPTION
General Location Pro per t y 1 0 cat e don the 1 eft 0 f 2 n d S t SEa t the
'Dead End' - Nearest cross street - Mosman St
Site Address 4Q7 2rrj 5t 5f Land Area (acres) .8 Acres
Section 1 q Township 1 7 Nor t h Range 2 E as t ,W M
Assessor's Tax Parcel Number ? ? 7 - 1 9 - 3 3 2 600
Full legal description of subject property (attach separate sheet if necessary)
~pp ~praratp shef>t attached.
DETAILED DESCRIPTION OF APPEAL (ATTACH ADDITIONAL PAGE(S) AS NECESSARY):_
In response to the March 25. 1999 letter on the Committee's
rl PC: is ion
WI' hllilt a mini-~toragp facility in 1993 at 407 SE 2nd Street
The zoning thf>n was the samf> as it is now. Commerc:ial C-l.
T wa~ at that timp grantprl a pprmit to huilrl thp mini-~torage
Now the City has stated that mini-storaqes are no lonqer
permitted in this 70ninQ.
Thi~ rrojprt wa~ mpant to hI' our rptirpment inc:ome and we
olanned on enlarging it at a future time. This site. they
say, should hI' rpsprvpd for "Ru~inpss r.pntf>r" tYpf> of
hll~ine~~p~ T i~ ~ite i~ on a 'nearl Fnrl' ~trpet anrl has no
t h rut r a f fie a d i s not s II ita b 1 e for "R lJ sin e sse e n t e r "
type of hllsine ~e~ Thi~, howpver, i~ a goorl ~ite for a
mini-~toragp/w rphrll"ing farility
I 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 mpJoyees and representatives of the City of Yelm and other
governmental gencies 0 ente upo n inspect said property as reasona y nec ssary to process
this applicati. re t y II f s the city which apply to this ap ic ion.
Date
----.....
-----
Exhibit II
City of Yelm
Chapter 17.26, C-1 District - # APP99-8234-YL
May 12,1999
Chapter 17.26
COMMERCIAL ZONE
(C-l )
Sections.
17.26010 Purpose
17.26020 General reqmrements
17.26 030 Permitted uses
17.26035 Prohibited uses
17.26 040 Special uses
17.26050 Environmental performance standards
17.26060 Slte/buildmg area
17.26 070 Building location
17.26090 Height
17.26 100 Ingress and egress
17.26 110 Off-street parkmg
17.26 115 Parkmg area and Circulation deSign
17.26 130 Landscapmg
17.26 140 Stormwater runoff
17.26.010 Purpose. In furtherance of the comprehenSive plan, thiS zone IS mtended to provide for the locatIOn
of bus mess centers to serve the needs of the conunumty for convemence goods and services such as food, drugs,
household supplies, automobile ServiCing, recreation, entertainment and other uses related to, but lesser m scope,
than downtown core area uses.
17.26.020 General requirements. The followmg uses only are penmtted as heremafter specifically provided and
allowed by tins chapter subject to the off-street parkmg reqmrements set forth m Chapter 17 72 and the general
prOVISIOns and exceptIOns set forth m thiS title.
17.26.030 Permitted uses.
A. Uses permitted outrIght are as follows
Apartments at a density of 16 umts per acre as part of a mixed use development. Apartments shall
represent no more than SIXty percent (60%) of a mixed use development. All other reSidential uses
are allowed proVided the development occurs on eXlstmg lots of record, 1 acre or less,
2. Antique shops,
3 ApplIance stores,
4 Auction house/bam, excludmg auction house/barn for vehicles or livestock;
5 Automobile laundry (including as an accessory use to a service station) based either upon a totally-
manual or fully-automatic process capable of servlcmg not more than two vehicles Simultaneously;
6 Automobile sales, mmor;
7 Automobile supply stores,
8 Automotive repair statIOn, mmor;
9 BakerIes (retail only),
10 Banks, savmgs and loan aSSOCiatIOns and credit unions,
II Barber shops and beauty shops;
12. BillIard hall and pool hall, prOVided such uses not be permitted to locate within five hundred feet
of the exterIor boundary lme of any public school grounds measured along the most direct route over
17.26-1
Exhibit II
City of Yelm
Chapter 17.26, C-1 District - # APP99-8234-YL
May 12,1999
or across estabhshed pubhc walks, streets or other pubhc passageway to the nearest p!lbhc entrance
of the premises provided for license;
12. Bluepnntmg and photostatmg;
13 Books and stationery, video and art supply stores,
14 Bowlmg alleys,
15 Buildmg, hardware and garden matenals,
16 Bulk retail stores,
17 Busmess and professIOnal offices,
18 Clothes cleanmg agency;
19 ConfectIOnery stores,
20 Conservatones of mUSIC, drama and mstrument mstruction,
21 Convemence food markets,
22. Delicatessen stores;
23 Department stores,
24 Drug stores,
25 Dry cleaners, laundries, automatic or nonautomatic, domg retail piece work and usmg
noncombustible matenals, provided not more than ten persons are employed at anyone time and
With buildmg facilities contammg not more than five thousand square feet m gross area,
26 Fabnc stores,
27 Flea market when m an enclosed building;
28 Flonst;
29 Food stores and drug (vanety) stores,
30 Gallenes, art or museum,
31 Garages for mmor automobile repair;
32. Garden supply shops, mcludmg plants m pots and contamers,
33 Gasoline service statIOns,
34 GymnasIUm, public or commercial or physical culture StUdIOS,
35 Hobby, toy and game stores,
36 Home funushmgs sales and/or servIce;
37 Hotels/motels,
38 HospItals,
39 Ice, packages and storage retail dIspensmg not exceeding five-ton capacIty;
40 Jewelry stores,
41 Laundnes, automatic,
42 Liquor stores, off-sale, provided such uses not be permitted to locate within five hundred feet of the
exterior boundary property line of any public school grounds measured along the most dIrect route
17.26 - 2
Exhibit II
City of Yelm
Chapter 17.26, C-1 District - # APP99-8234-YL
May 12,1999
over or across establIshed publIc walks, streets or other publIc passageway to the nearest publIc
entrance of the premises provIded for lIcense;
43 Locksnuths,
44 Millmery shops,
45 MortuarIes,
46 MusIcal mstrument manufactunng wIth assocIated retail,
47 Newsstands,
48 On-sIte treatment and storage facilItIes for hazardous waste, subject to the state sltmg cntena
adopted pursuant to the reqUIrements of Chapter 70 105 RCW,
49 Parkmg lots, proVIded any area so used shall be Improved and mamtamed m the manner reqUIred
by Chapter 17 72 and proVIded further that any such area shall not be used for a vehIcle, trailer or
boat sales area or for the accessory storage of such vehicles,
50 Personal servIces,
51 Pet shops and hospItals,
52. PhotographIc, electronIc and VIdeo stores;
53 Post office branch,
54 Pnntmg establIshments except for newspaper letter presses,
55 Radio and teleVISIOn retail and reparr shops,
56 Restaurants, cafetenas mcludmg dnve-through (car servIce), and restaurants mcludmg cocktail
lounges,
57 Secondhand store;
58 Sportmg goods and related stores,
59 StatIonery and book store, mcludmg mCldental pnntmg;
60 StUdIOS, such as record recording, coutuner, artIst, mUSIC, dancmg and photographIc;
61 Swnnmmgpools (commerCIal);
62. Tailor shops and weanng apparel shops,
I
63 Taverns, proVIded such use shall not be permItted wlthm five hundred feet of the extenor boundary
I
property lIne of any publIc school grounds, publIc park or publIc playground,
64 Theaters, when withm an enclosed building;
65 Tool sales and rental,
66 Trade schools,
67 Vetennary clInICS and hospItals,
B. Similar or related uses permitted as follows:
Other unlIsted, SImilar or related uses, and cntena for determmatIon of slmilanty or relatedness, as
follows
a. Uses snnilar to, or related to, those lIsted m subsectIon 17.26 030(A) are permItted upon a findmg
of the approval authonty and/or the site plan reVIew commIttee that a partIcular unlIsted use does
not conflIct WIth the intent of thIS chapter or the policies of the Yelm development plan.
17.26 - 3
Exhibit II
City of Yelm
Chapter 17.26, C-1 District - # APP99-8234-YL
May 12,1999
b The cntena for such findmg of slmilanty shall mclude but not be hmlted to the followmg:
( 1) That the proposed use IS appropnate III tius distrIct,
(2) That the development gUIdelInes for permItted uses can be met by the proposed use,
(3) That the publIc need IS served by the proposed use
17.26.035 Prohibited uses. Automobile sales, major IS a prohibited use III thIS zone.
17.26.040 Special uses.
A. Outdoor flea market and farmer's market are special uses allowed under Chapter 17 66, subject to the
folloWIng conditIOns
No more than four per year per location,
2 Not more than three days at a tIme;
3 Not to cause a pubhc hazard relatmg to traffic, samtatIon, etc.
B Special uses as permitted as provIded for In Chapter 1766
17.26 050 Environmental performance standards. It shall be the responsibilIty of the operator and/or the
propnetor of any perrmtted use to provide such eVidence and technical data as the approval authonty may reqUIre
to demonstrate that the use or actIvity IS or will be In comphance WIth the envIronmental performance standards
of Chapter 17.57 oftlus tJtle. Failure of the approval authonty to reqUIre such mformatIon shall not be construed
as relIevmg the operator and/or the propnetor from compliance WIth the envITonmental performance standards
of tlus tItle.
17.26.060 Site!building area. The size and shape of sItes shall be as follows
A. Mimmum size of any parcel to be developed m this district shall be five thousand square feet.
B Twenty-five percent (25%) of the floor area of a building With smgle-story gross floor area m excess of
40,000 square feet shall be sIted!WIthin 1,000 lmear feet of a double artena\.
17.26.070 Building location. LocatIon lofbuildings or structures on site, If adjacent parcels are m same zomng
dlstnct or m another commercial or mdustnal diStriCt, shall be as follows.
I
A. Setbacks from SIde property hnes: ten feet;
I
B Setbacks from rear property hnes' twenty feet;
I
C Setbacks from front property IIn~s fifteen feet.
17.26.090 Height. MaXImum height ofbuildmgs shall be forty feet.
17.26.100 Ingress and egress. Ingress and egress at the site shall be consistent with the Yelm Development
GUldelmes 4B 140
17.26.11 0 Off-street parking.
A. The prOVISions of Chapter 17 7'2 shall apply
B The nurumum parkIng reqUITemertts specified m tlus sectJon may be adjusted m the site plan reVIew process
I
under the followmg conditiOns: when m their opmIOn an adjustment will be m accord With the purposes of
I
tluS code, and will not create an adverse nnpact on eXlstmg or potentJal uses adJommg the subject property,
or In the general VICIlllty of the subject property The followmg factors shall be conSIdered m the
determmatIon of such Impacts and such adjustments
Two or more uses may share I a parkmg area or garage If:
a. The total number of par~mg spaces provided IS at least equal to the sum of the mImmum number
of spaces required for each use, or
17.26 - 4
Exhibit II
City of Yelm
Chapter 17.26, C-1 District - # APP99-8234-YL
May 12,1999
C
b The uses are operatIng durIng different hours and the number of parkIng spaces IS at least equal to
the ll1lll1ll1um number of spaces requrred for all uses operatIng at the same time, and no greater than
the maximum number of spaces permitted for all uses operatIng at the same time.
2. Where adjollllllg parking facilitieS of two or more ownersrnps are developed and deSigned as one parkIng
faclhty, a reduction of up to fifteen percent of the total combIned reqUired parkIng spaces may be
permitted.
3 The contInuatIOn of JOInt or shared facilities shall be assured by a sufficient legal document such as a
covenant or reciprocal easem6nt agreement or recorded covenant on the approved site plan or by
participation m a local improvbment dlstnct.
I
Alternative programs that may be conSidered by the approval authonty and/or site plan review
I
committee under thiS section mclude, but are not limited to the followmg:
a. Pnvate vanpool operation;1
i
b Translt/vanpool fare subSidy;
I
c. ImpOSition and maIntenance of a charge for parkmg;
I
d. ProvIsion of subscnption bus services,
e. Flexible work hour schedule;
f. Capital Improvements for transit services,
I
g. Preferential parkmg for carpools/vanpools,
I
h. Participation m the nde-matchmg program,
1. ReductIOn of parkmg fees for carpools and vanpools;
Estabhshment of a transportation coordmator position to Implement carpool, vanpool and transit
I
programs,
k. Bicycle parking facilities.
Off-street parking requrrements fo~ uses Similar or related to, or any use not speCifically hsted In the Yelm
Development GUidelines, Section 4, Transportation, Table 1, shall be determmed by the approval authonty
and/or site plan review committeb after consultatIOn With the director of pubhc works on the baSIS of the
reqUirement for sunilar uses, andlon the ~asls of eVidence of actual demand created for similar or related
uses III Yelm, and such other traf~c engm,eering or plannmg data as may be available and appropnate for
the estabhshment ofrll1mmum and maximum parkmg reqUirements.
Parking spaces may be deSigned and constructed for up to twenty-five percent of the required number for
compact SIZe cars. An apphcant must clearly Identify all spaces deSigned and constructed for compact car
I
use. The approval authonty and/or site plan review committee may approve the deSign and deSignation of
I
more than twenty-five percent of the spaces for use by compact cars If the apphcant demonstrates that no
adverse Impact will result.
I
Parking areas or garages shall be deSigned to proVide for off-street verncle circulatIOn to adJommg property
and parking areas where physlc~lly feasible, except that driveways and parkmg aisles should not cross
I
pedestrIan Imkages m C-lland use dlstncts
I
Convement, marked pedestrIan accesS shall be prOVided from parkmg areas to pedestrian hnkage systems
I
and from parkmg areas to pnnclpal uses.
I
An owner/developer may mstall the reqUired parkmg spaces m phases If a phased schedule has been
I
approved by the approval auth~nty and/or site plan review committee. ThiS schedule must speCifically
mdicate when the mllllmum parfmg reqUirements of Section 17.24 140 will be prOVided. The approval
authonty and/or Site plan review cOmnuttee may pernnt the use of temporary parkmg areas With appropnate
D
E.
F
G
17.26 - 5
Exhibit II
City of Yelm
Chapter 17.26, C-1 District - # APP99-8234-YL
May 12,1999
screemng as part of a phasmg schedule. In addition, the approval authonty and/or site plan review
comnuttee may reqUire a performance assurance device to msure conformance with the reqUirements and
mtent of SectIOn 17.24 140
17.26.115 Parking area and circulation design.
I
A. The City publIc works department or approval authonty shall have the authonty to fix the locatIOn, width
and manner of approach of velucular mgress or egress from a buildmg or parkmg area to a publIc street and
to alter eXIstIng mgress and egresslas may be reqUITed to control street traffic m the mterest of publIc safety
and general welfare
B Internal clfculatIon of the lot shall be so designed as to mmlmlze m-and-out dnvmg time, idlmg time and
I
time spent lookmg for a parkmg 'space
C When off-street parkIng IS provlddd m the rear of a buildmg and a dnveway or lane alongside the building
I
provides access to the rear parkmg area, such dnveway or lane shall be a mmlmum width of twenty feet
With a three-foot rmrumum Width ~Idewalk adjommg the building and curbed or raised SIX mches above the
dnveway surface.
D Parkmg areas shall mclude landscapmg as reqUired by thiS chapter or by Chapter 17 80
17.26.130 Landscaping.
A. Landscapmg shall be prOVided according to Chapter 17 80 and the provISions of this Section 17.26 130
are supplemental thereto
B Parcels or lots wluch share a conunon boundary With properties m a residential or open space/institutional
distnct shall, III addition to the rear or sIde setbacks reqUired m Section 17.26.070, provIde a ten-foot stnp
for landscapmg along saId conunon boundmy
C Refuse.
Refuse contaIner screenmg shall be reqUIred and be of a matenal and design compatible WIth the overall
arclutectural theme of the assOCIated structure, shall be at least as high as the refuse contamer, and shall
III no case be less than SIX feet !ugh.
2. No refuse contamer shall be permitted between a street and the front of a building.
3 Refuse collection areas shall b~ desIgned to contam all refuse generated on SIte and depOSIted between
collections. DepOSIted refuse shall not be vIsible from outSIde the refuse enclosure.
17.26.140 Stormwater runoff. All stormwater runoff shall be retamed, treated and dIsposed of on SIte or
dIsposed of m a system desIgned fori such runoff and wluch does not flood or damage adjacent propertIes.
I
Systems desIgned for runoff retentIOn an~ control shall comply wIth speCIfications provIded by the CIty and shall
be subject to Its reVIew and approval,iand shall, moreover, comply WIth Chapter 5 of the Yelm Development
GUldelmes, Dramage DesIgn and Erosion Control Standards for the CIty of Yelm.
17.26 - 6
Exhibit III
City of Yelm
Chapter 17.93, Nonconforming Use - # APP99-8234-YL
May 12,1999
Chapter 17.96
AMENDMENTS, REZONES AND VARIANCES
Sections.
17 96 0 10 Generally
17 96 020 ImtIatIon of amendments, rezones and variances
17 96 023 Vanances--when granted
17 96 025 V anances-- front, side and rear yard setbacks
17 96 030 Application forms
17 96 040 Public heanngs
1796050 Notice ofheanng
17 96 060 ConsideratIOn by City council
17 96 070 Action by City council
17.96.010 Generally. Whenever public necessity, convemence or general welfare reqUIres, the proVISIOns of
thiS title may be amended.
17.96.020 Initiation of amendments, rezones and variances. Amendments of the text of thIs title or the
offiCial zomng map or vanances may be initiated by
A. Venfied application of one or more owners of property whIch IS proposed for a vanance filed WIth the
planmng department.
B The adoption of a motion by the City Council requestillg the planning cotnmISSlon to set the matter for
hearing and recommendation; or
C A recommendation by the planmng commissIOn to the City council.
17.96.023 Variances--when granted. If because of special circumstances applicable to the subject property
due to size, shape, topography, location or surroundings, and if the strIct application of this title is found to
depnve subject property of nghts and pnvileges enjoyed by other properties ill the vicllllty and under identical
zone classificatIOn, the approval authonty may grant a vanance in accordance with the provisions for
vanances m Chapter 17 96 of the Yelm MuniCipal Code.
17.96.025 Variances--front, side and rear yard setbacks. The SPRC may grant a vanance of up to fifteen
percent from the front, side and rear setback requIrements ill all zones. Any vanance from such front, Side and
rear setback reqUirements that exceeds 15% shall be considered by the planmng commission after the
planmng commission has proVided notice and a public heanng as if such variance were a special use penrut
as provided m Chapter 17 66 ThiS does not preclude other vanances from bemg considered as prOVided ill
Section 17 96 023
17.96.030 Application forms. The plannmg department shall prescribe the forms to be used for
amendments, rezones and vanances. The plannmg department may prepare and prOVIde blanks for such
purposes and prescribe the type of information to be proVided. No application shall be accepted unless It
complies With such requIrements.
17.96.040 Public hearings. At least one public heanng on any such proposed amendment, rezone or vanance
shall be held by the plannmg commiSSIOn.
17.96.050 Notice of hearing. Notice of public heanngs for such proposals shall be published m a newspaper
of general circulation ill the city and by wntten notice, addressed through the Umted States mail, to all
property owners as recorded m the Thurston County assessor's office, within three hundred feet of the subject
property, at least ten days pnor to the hearIng. In addition, at least ten days prior to the heanng, notice of said
heanng shall be posted m the followmg places on the property; at a public street mtersectIon near the
property; and at ~~ty hall.
17.96.060 Consideration by city council. I The plannmg commiSSIOn's recommendation shall be presented
for City council consideration no longer thaiI twenty workmg days from the date a decision constituting a
recommendation is rendered.
17.96.070 Action by city council. The city council may accept, modify or reject the plannmg commission's
recommendation and findmgs or conclusions therein, or may remand the deciSIOn to the planning commission
for further heanng. A deciSion by the City council to modify, reject or remand shall be supported by fmdings
and conclUSIOns.
1796080 Appeal of City Council's Final DeciSIOn. These appeals go to the Superior Court and follow the
JudiCial review process set forth m RCW 36 70C
=
Exhibit IV
City of Yelm
Si~ilar Use Determination - # APP99-8234-YL
May 12,1999
City of Yelm
J 05 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
March 25, 1999
Mr AI Johnston
PO Box 1899
Yelm, WA 98597
Re Similar Use Determination
Dear Mr Johnston
The Site Plan Review Committee has considered your request for a similar use determination
to allow Mini-Storage in the C-1 Commercial District, Chapter 17.26 of the Yelm Zoning Code
The Committee's decision is based upon the following facts and conclusions
Findinq of Facts.
1 Chapter 17 26, Commercial Zone C-1, purpose is to "In furtherance of the comprehensive
plan, this zone is intended to provide for the location of business centers to serve the needs of
the community for convenience goods and services such as food, drugs, household supplies,
automobile servicing, recreation, entertainment and other uses related to, but lesser in scope,
than downtown core area uses
2 Mini-warehousing is not listed as a permitted use in the C-1 Commercial District.
3 The Standard Industrial Classification Manual, Executive Office of the President Office of
Management and Budget, 1987, classifies Special Warehousing and Storage, not elsewhere
classified, in Division E, Transport?tion, Communications, Electric, Gas, and Sanitary Services,
Major Industry Group No 42, and Industry No 4226
4 Mini-warehousing is an allowed use under Chapter 17 39, IndustrialIWarehouse District
(IIW) and is a similar use under the C-2 and C-3 Commercial District's
Conclusion.
1 Mini-warehousing does not meet the purposelintent of Chapter 17 26 As described in the
purpose statement, commercial uses in this district should serve the daily service and retail
needs of the community
2 Mini-warehousing is not a compatible or similar use to those uses allowed outright in the
C-1 Commercial District.
Exhibit IV
City of Yelm
Similar Use Determination - # APP99-8234-YL
May 12, 1999
Mr AI Johnston
March 25, 1999
Page 2
3 Uses allowed in the C-1 Commercial District are typically classified as Division G, Retail
Trade, Division H, Finance, Insurance, and Real Estate and Division I, Services in the
Standard Industrial Classification Manual, Executive Office of the President Office of
Management and Budget, 1987
Decision
The Site Plan Review Committee has determined that mini-storage/warehousing is not a
similar use in the C-1 Commercial District.
This decision is a Type I, Ministerial Decision and can be appealed to the City Council at a
closed record appeal hearing An appeal of this decision must be filed within 14 days of the
date of this letter (April 8, 1999 )
Enclosed is the Appeal Application which must be completed and turned into the City by April
8, 1999, along with the $50 00 application fee for the appeal to be valid
If you have any questions or if I can be of further assistance please contact me at 458-8408
S~4h-1
Catherine Carlson
City Planner
cc: Shelly Badger
Ken Garmann
Tim Peterson
Exhibit V
City of Yelm
Standard Industrial Code Classification- # APP99-8234-YL
May 12,1999
DIVISION E
t Transportation, Communications, Electric,
t Gas, and Sanitary Services
I;.
el
k The DWlSwn as a Whole
;\
(r
,>
~ This division includes establishments providing, to the general public or to
~ther business enterprises, passenger and freight transportation, communications
'~rvices, or electricity, gas, steam, water or sanitary services, and all establishments
'~f the United States Postal Service.
i...1
~l For many of the industries in this division, the establishments have activities,
~orkers, and physical facilities distributed over an extensive geographic area. For
pus division, the establishment is represented by a relatively permanent office,
rop, station, terminal, or warehouse, etc. that is either (1) directly responsible for
!JUpervising such activities or (2) the base from which personnel operate to carry out
i'ihese activities.
\,.
\, Many of the industries are engaged in various related activities. For example,
l~tablishments of communications, pipeline, and utility enterprises include a varie-
i~ of activities, such as power generation, pumping, transmission, and distribution.
~tablishments primarily engaged in such activities are all classified in this divi-
~on. Establishments primarily engaged in new or replacement construction for es-
~blishments of these types of enterprises are classified as operating establishments
~ Division C, Construction. Locations engaged in activities such as sales of electric
~ppliances to household consumers are classified in Division G, Retail Trade.
~ The establishments classified in this division furnish services to the general
~public or to other business enterprises; establishments which furnish similar serv-
~ only to other establishments of the same enterprise are classified as auxiliary
,~ the establishments or units of the enterprise which they serve. However, sepa-
;ate establishments primarily engaged in long-distance trucking, stevedoring, water
~sportation, or pipeline transportation are classified according to their activity
~d not as auxiliaries, even though they serve only establishments of the same en-
~rprise.
f;~
265
~
\odust<Y C
,. J'IlIlL\C W A\tllIlOOSn<G AND STORAGE-- on.
.." ...._,.. W.,.MU,'n. an' S"';.. the """,,,,,,,,,ll ",,' "",....f "'"
""""""",,,,ts p"""rilY..n,,;; "'tab'''''''''''ts '""" .... "", ""W ,po
able goods undet tefrigetat\on. e ~d' 'd -, ....o..a"'bolds and ptovide incid\
f f- _~ oduets fot \U lV\ UlU " """ .
fn' "" ".".... _ P' . '" ""'""" "',. ,o<><l fo' ""'.... ·
,_, serviees fot ptOCeSSlng, ptepa11Jlg, f-~a f .. botne freeoz.et$ (fteeoz.er II
=' . il lling frooz.en O'J"'"' o.
",."",_ts p","" ' .. ;1'''' ""toll""" In'''''''' "".
,,,,k'" ",on' p,"",'on''''' a'" "",' '" ..;.... -' ..- ...
VI "",boUll\nt!, cold otOrot" OT refrig<
ed
Industry
Group Industry
N. '" ""OC\<I"G ""D COOIU"R S"R~\<%S, ",,<%1"f AIR
12 ~cal Trucking Witbout Storage
.. ..' . n f",n"bi"g ,,,,,ld,,g '" ,,,,,,f" "".
_bU..",.nts pn,.on" ."....' w.' bi" ",." then ,,,,, ......, 'n' ·
"'" "",""u, """,g.f'" ":''''., ..no,:,U' rt'~ o~ a ",..'cipall" ",,' ,ts ",b .
,,,,,,,a rounicipalit" on"ugu." ~"""r' ..;... .. ",,,,,,b..g ,,,,,,, onu"" \\
",_ ._. _bU,,,,,,.nts P'~: on .n""'" ..""b..g ''''' then 100 ·
.."""" f'" 'e"""" P~",;,'~ a;' i;~,'~'; .n..... 'n onU",ing ... ....... \
...n" a" "",,,,,, "'. n .. ~ ",,lion 0' ro.teria" .'" ""alf'" in ,.... \
i.. of "",.. b, p","",,'" '" "". bu....n ".ro ",in'" " OU"".. ." 1
'" ,,53; th"'" ?...... ;;. '."ro~':1 :;"",.n onn''''''''''' hauli" di"'" \
classified in D1V\Slon B, In\ng, ~ t' 't" are classified in Division C, Con- \,
,,,,,,,,, a P'" .f th.i' ",,,,,,,,,,,on .. ,~, ·
"""".n. ..."~,,,- - \
........ ,,..... """ ~,'". ~_...... .
""~. " ,,,,", . - ".,. ~ -'" . , .
..,.. "",..".-~" -'"~'~ \
...... ......... ""'" ~..~ ...., ........ -' ..,",~ .... --
~.~."""'~_..- ~~,-'''''''.,
,.,.."..... ~..~ . ....~,., -"~. ..- .
~ro"" _.~. -' ~'-' ~, ~"....~. -' ·
... ,.,_""'" .' I
..- ""'" .,,"'~.....- """ -"' ~ """'.... ~",,- '.
.~ .._,,-, ,~"'~ _, I
-"" ,,~ ......... ,~, .
..13 ,.,.,k.... "".pt Lo", . , . h' g "._<b~""~' '''',''''' i
_bl"bro.nts pn"""" ....... ro u~ ,,, . eluding hOusehOld goods \
. . and storage seTVlces, ln
.."""" " t",ok",g ..~ . "ial " in.ivi.ual ",n""ts " ~ '
.itbe' '" ",roroo" """" " ~ ?' .. 0" ,b"" ,"" ..un'" suob ."""tw",'
ro.nls, f" ,,,1gb' g.n""U' .."gbrog ~ 1't .utsid. .n' ""uP 0' "",tigU"" i
",. pwcip"U, .u""d'. . ,ing" roun'''~ ' i\, .n' its ,ulm,b"" ."",. """"'
rouuini"""'"'" " outs," . ,,~g'; ro~,:::"p" \ ",un" ",,,,i'" ,,, indivi'U'U'
'is,,,,,.n'' priro"ilY .n..... ,nO ";;~n u;: n;.ne"U' w.ighi" "'" 'b~ li"..
.d''''''' '''''''': P"'."~' :" t p 45\; an' .,b" ",.,i" ",,,,i'" ,,, ",.,,,, .,
....', ." ,,,,,,,r," '" n ":'" . ~,...'" g.n."U' ...igbing ''''' ,han "" \
uall)' addressed letters, parce s. an t'
pounds are classifled in Industry 4215.
Mroor GrOUP 42,_MOTOlt FJl,EIGll'f 'fRA,NSPOltT-'TION,\NIl
W AREllOU SIN G
The Ma.jor Group as a. Whole
. . bl' h " ",,,,"b..g ,,,,,,, " ,...""tan" ,,,,,ldng 0<
'rh" ro.i" _" ",du ",..ta ~ ':';" "",.g' of f"'" p,.,au.... Mni"'" "", otb"
,,,n"" ..,vi"" '" .-. .""........ f' to" 'rh. '1"'"tion of """inn'f.witi'" fo<
be""Mld...... ". ",roro'~ g<> : 0 .n~:..cil\""'.".... ..01..... """,..bro.n" prl,!
handling ",1gb'.. ",'b" ..,thou: ~::::,.. ",.,e "",iG" 'n In'''''''' 402'. ...'d ...",b_ i
rnarily engaged ~n tbe s:orage'd nn 13': _bl"broen".f ,be Unitad S",,,,, p"", Sa". !
ing is classified \n SeTV\Ces, In ust!)'
ice are classified in Major Group 43.
-t21
\
\
4'1.'1.5
sr",plJ\D ,,,,,USJ:llll'L CIJ<SSU'lC,,,,ON
--- .....
O 0',
...t\~
-<...:::.
(1)
-
3
~.......bO""""
Cold atora8" loe,,"eT reoW
yood \oe,<<e"" reoW
~" rood loe,,"er renW
General warebousing and Storage
. . '" en .. .. the ..""be..... ... "",... of · ,
"EstabliSbtnents pritna 'J g~ f goods at foreign trade zone!! is c\aS5ii
"'" \in' ........ 'rh. """h~ o. . . . Jnd""" ,"',.
. """", 4.... "0" """be-" """",.. ,,, So<""'"
"," .~--"'--
General .."",bOUll\nt! and otOTage
Mit>i.."",bo"",, .."",bOUllinl!
Sp"in' w.,.M""" an' S"'-, "0' """,no'" Cla'.\l'"
ed' th rehOusing and stOrage of lOpe
""""""",.nts prinU'""..... '" · :;...Mld...... .....mo\>." (0
......... not o"""no" "".;fled. ..,~.. "",,,, ""...... a' 1_ "
",,_ on"', "'" (la' tho ,,,,e). "" ....:.. h''''~ ""... "" ,,"""'"
,on'" W ""be- p"",ariI' ..... '"
Wholesale Trade, 'industrY 5182.
.\226
Stora8" of ~ at foreiV' trade
Stora8". ~: e~cevt fO!'" pt'
and cold ~
Te""Ue ..arebousi\\l! .
VI "",bOUlling of good> at fore;gtl
VI";":.ouoinf.. epedal: e~cevt
produc\Jl and col~ otOra8"
V/biJI,<<ey ....""'bOUll'nl!
.\231
",uto",obUe d...d otOTage
YUT otOT1ll!e for tbe trade
YuXO,ture otOT1ll!e, .,;!.bout local truel<'
n~~bold goods .."",bOu:"nll and otOr'
age. .,;tbOut local trucking .
Lu",ber tertninal', otOTage fOT hlre
Oil and g"""line otOT1ll!e ca~e"'" fOT
l'~:~e- and ebett\ical bull< stations
an.d tertP\ne.ls {or bite
""R1<l1"AL AND 101'" """",n<AL "'Au<T"""'C" f Acn.\'fl"S fO
",,,,,OR VR,,\Gll't """"SpO"~A'f10" .
~_'nal nn.lo'nt ~""""n' ,..,,,,,nan" f""lIU..fO< "'0"" f",.n'
""n,p""unn . .
.' ... the 'l"'.tl<>n of """,,,,," f."
_bl"""''''ts p""'anlY..... . '" .' 1 . """ in""'" "" ten<
..... by bigbW""tYP" p<o1"'''' .;""'.~;:;. :~, ..bio'''' '\'enn..a\. 0\
",bi'. .",~.. ro.on- .n ."'" i" '''' thai< .... ... ",.01'"
.. by ro''"' ,,.;gbt """"""",,,.n ",~p"n . ..""" facil\U'" 01'"
.. Jnd""'" G"up 421. ...."ta -,,"-" "; 'E" '" n""'""" '
by ro."" ,,:,\llbt _,tau?n ",roP""~" ~:::,;. d....r'.. .. Sa'
",,,,,,.nts pn"'- ....... ,n the ",,,,", ·
IndustrY Group '153.
yreigbt truel<ing te",,'n.J~,. .,;th or
.,;.t.hout ro8.l.ntenance tac1ht\efl
~
0)
~
0.-
0)
~
0-
-
~
0.-
t:
~
-'
0)
-
(')
o
0.-
(1)
(')
-
0)
f/)
f/)
-'
""'"
0'
0)
~,
o
~
,
:\t
;~
.~ "0
,- cD
~cD
~~
~t-)
cDc".)
cD~
cD~
r-
Exhibit V
City of Yelm
Standard Industrial Code Classification- # APP99-8234-YL
May 12,1999
~.
DIVISION G
Retail Trade
~.
.:
The Division as a Whole
This division includes establishments engaged in selling merchandise for per-
&mal or household consumption and rendering services incidental to the sale of the
fgoods. In general, retail establishments are classified by kind of business according
~to the principal lines of commddities sold (groceries, hardware, etc.), or the usual
li'tra. de designation (drug store, cigar store, etc.). Some of the important characteris-
tics of retail trade establishments are: the establishment is usually a place of busi-
ness and is engaged in activities to attract the general public to buy; the establish-
lment buys or receives merchandise as well as sells; the establishment may process
its products, but such processing. is incidental or subordinate to selling; the estab-
lishment is considered as retail in the trade; and the establishment sells to custom-
~ers for personal or household use. Not all of these characteristics need be present
.,8lld some are modified by trade practice.
... For the most part, establishments engaged in retail trade sell merchandise to
the general public for personal or household consumption. Exceptions to this gener-
tal rule are lumber yards; paint, glass, and wallpaper stores; typewriter stores; sta-
~tionery stores; and gasoline service stations which sell to both the general public for
~~rsonal or household consumption and to businesses. These types of stores are clas-
~sified in Retail Trade even if a higher proportion of their sales is made to other
kthan individuals for personal or household consumption.
f However, establishments that sell these products only to institutional or indus-
~trial users and to other wholesalers and establishments that sell similar merchan-
idise for use exclusively by business establishments are classified in Wholesale
iTrade.
t Establishments primarily engaged in selling such merchandise as plumbing
i equipment; electrical supplies; used automobile parts; and office furniture are clas-
,aified in Wholesale Trade, even if a higher proportion of their sales is made to indi-
~duals for personal or household consumption.
,
r Buying of goods for resale to the consumer is a characteristic of retail trade
iestablishments that particularly distinguishes them from the agricultural and ex-
tractive industries. For example, farmers who sell only their own produce at or
.from the point of production are not classified as retailers.
1 Processing incidental or subordinate to selling often is conducted at retail
,stores. For example, restaurants prepare meals, and meat markets cut meat. Sepa-
irate establishments selling merchandise for personal or household consumption
t ~3
which has been manufactured by other establishments of the same company are
classified in Retail Trade. . .
Chain store warehouses are considered auxiliary to the retaIl establ.lShment
served and are classified on the basis of the activity carried on by such retaIl s~res.
Establishments primarily engaged in the retail sale of, used motor. vehIcles,
t'l and boats are classified in Major Group 55; those sellmg used mobile homes
ral ers, ' bOl rts I 'fled .
are classified in Industry 5271, those selling used automo I e pa are c asSI. I Ul
Wholesale Trade, Industry 5015; and those selling all o~her used m~rchandlSe are
classified in Industry Group 593. Establishments primarily engaged m nonstore re-
tailing are classified in Industry Group 596.
.
1
Exhibit V
City of Yelm
Standard Industrial Code Classification- # APP99-8234-YL
May 12,1999
DIVISION H
Finance, Insurance, and Real Estate
The Dw"tSwn as a Whole
(i This division includes establishments operating primarily in the fields of fi-
~ce, insurance, and real estate. Finance includes depository institutions, nondepo-
sitory credit institutions, holding (but not predominantly operating) companies,
:iher investment companies, brokers and dealers in securities and commodity con-
~acts, and security and commodity exchanges. Insurance covers carriers of all types
~ insurance, and insurance agents and brokers. Real estate includes owners, les-
frs, lessees, buyers, sellers, agents, and developers of real estate. Establishments
primarily engaged in the construction of buildings for sale (operative builders) are
r _
Fified in Construction, Industry 1531
DIVISION I
Services
The Dwzswn as a Whole
This division includes establishments primarily engaged in providing a wide va-
riety of services for individuals, business and governm:nt establishm~n.ts, and other
organizations. Hotels and other lodging places; establIShments prOVIding personal,
business, repair, and amusement services; health, legal,. enginee~ing: and other pro-
fessional services; educational institutions; membershIp organIZatIons, and other
miscellaneous services, are included.
Establishments which provide specialized services closely allied to activities
covered in other divisions are classified in such divisions.
Exhibit VI
City of Yelm
Purpose & Intent Statements - # APP99-8234-YL
May 12,1999
Chapter 17.27
REA VY COMMERCIAL ZONE
(C-2)
Sections.
17.27010 Intent
17.27020 Pernlltted uses
17.27 030 Prohibited uses
17.27040 Environmental performance standards
17.27 050 Site area
17.27060 Building locatiOn
17.27080 Height
17.27090 Ingress and egress
17.27 100 Off-street parkmg
17.27 105 Parking area and circulation design
17.27 120 Landscaping
17.27 130 Stormwater runoff
17.27.010 Intent. It is the intent of this chapter to:
A. Permit, in designated areas, commercial uses and actIvities whIch depend more heavily on convenient
vehicular access than pedestrian access, and which do not require locations m other commercial districts,
or which may be inappropriate in other commercial districts;
B Limit locatIon of heavy commercial areas to sites having safe and efficient access to major transportation
routes;
C. Identify the types of commercial uses appropriate or acceptable in the heavy commercial zone;
D Pro~ide development gmdelmes to e~ance the effiCient o.peration o.f these distn~ts, an~ to ~chielve
mirumum adverse nnpact on the commumty as a whole, especially on adjacent properties havmg diffenmt
land use characteristIcs.
Chapter 17.28
LARGE LOT COMMERCIAL ZONE
(C-3)
Sections:
17.28010 Intent
17.28 020 Permitted uses
17.28030 Prohibited uses
17.28040 Environmental performance standards
17.28 050 Site area
17.28060 Building location
17.28.070 Minimum floor area
17.28 080 Height
17.28 082 Ingress and egress
17.28085 Off-street parking
17.28090 Parking area and circulation design
17.28.100 Landscaping
17.28 110 Stormwater runoff
17.28.010 Intent. It is the mtent of this chapter to'
A. Provide for the location of the facilities and services needed by the traveling public;
B. Pernut commerCial uses and actlVltIes whIch depend more heavily on convenient vehicular access than
pedestnan access;
C. Lmut location to SiteS havmg safe and effiCient access to major transportatiOn routes;
D Identify the types of commercial uses appropnate or acceptable m the large lot commerCial zone;
E. Provide development guidelines to enhance the efficient operation of these districts; and to achieve
minimum adverse impact on the commumty as a whole, especially on adjacent properties havmg dIffer~nt
land use _<S. m _ I
Exhibit VI
City of Yelm
I
Purpose & Intent Statements - # AlpP99. -8234-YL
Maly 12, 1999
Chapter 17 40
INDUSTRIAL DISTRICf (I)
Sections:
17 40 010 Intent
17 40 020 Pernutted uses
17 40 030 Prohibited uses
17 40 040 Environmental performance standards
17 40 050 Site requirements
17 40 060 Building allowance
17 40 070 Off-street parking
17 40 080 Landscapmg
17 40 090 Stormwater runoff
17 40.01 0 Intent. It is the intent of this chapter to
A. Provide for the development of areas m which certain types of industrial activities may be located,
B. Protect industnal areas from other uses which may interfere with the purpose and efficient functioning of
said areas; .. . I
c. Protect adjacent areas from adverse or damagmg impact resultmg from actlVlties m the mdustnal areas;
D Provide cnteria for the location and standards for the development of said areas.
Chapter 17.24
CENTRAL BUSINESS DISTRICf
(CBD)
Sections:
17.24010 Intent
17.24020 Pernutted uses
17.24030 Similar or related uses
i 7.24040 Floor area.
17.24050 Building location.
17.24 070 Pubhc nght of way
17.24 080 Ingress and egress.
17.24 100 Height.
17.24 110 EnVironmental performance standards
17.24130 Landscapmg reqUIrements
17.24 140 Off-street parkmg
17.24 150 Parking area and circulatiOn deSign
17.24170 Stormwaterrunoff
17.24.010 Intent. In additiOn to the commerCial zomng distncts there is created an additiOnal zone deSignated
as the CBD, central busmess mstnct, for the purposes of provl(lmg an area for lugh mtensity useslor nuxtures
of uses for general commercial, retail, SetVlce and multI dwellmg actIVities. The purpose of the zone UI to promote
the special charactenstIcs of the exIStIng downtown Yelm area, to provide a pedestrian shopping atm'osphere and
to promote the rehabihtation of eXlstmg structures and the most desirable uses of land and Ule following
prOViSiOns m tlus chapter shall be apphcable to the zone.
City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
Mr AI Johnston
PO Box 1899
Yelm, WA 98597
Dear Mr Johnston
Your appeal of the staff's similar use determination has been scheduled for the May' 2, 1999,
City Council meeting The meeting starts at 7 30 pm, City Hall Council Chambers, 105 Yelm
Avenue West. The appeal should be one of the first few items on the agenda
I have enclosed a copy of the staff report being sent to the City Council Also, you will have an
opportunity to address the City Council at the meeting
If you have any questions on the process or if I can be of further assistance please clDntact me
at 458-8408
Sincerely, (I, _ /J
&JfiL\v IJJ unr fir---........
Catherine Carlson .
City Planner
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Date April 19, 1999
To Mayor Wolf and City Council Members
From Cathie Carlson
Re Appeal of Similar Use Determination made by Staff
LIST OF EXHIBITS.
Exhibit I - Notice of Appeal Application
Exhibit II - Chapter 17 26, C-1 Commercial District
Exhibit III - Chapter 17 93, Nonconforming Uses
Exhibit IV - Similar Use Determination Letter, Dated March 19. 1995
Exhibit V - Standard Industrial Code Classifications
Exhibit VI - Intent Statements from Chapter's 1727, Heavy C(.)mmercial
Zone, Chapter 17 28, Large Lot Commercial Zone and ChaptJ~r 1740,
Industrial District.
NOTICE OF ApPEAL
The action before the City Council is a closed record appeal A closed record appeal follows a
Type I Ministerial 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
On March 17, 1999, the Site Plan Review Committee meet with the applicant to diseuss the
expansion of Yelm Mini Storage located at 407 2nd Street SE At that time the comrlnittee
informed Mr Johnson that mini-storage units were not an allowed use in the C-1 Di~;trict
(Exhibit II) The current use as a mini-storage facility is nonconforming but is a gra~lldfathered
use and can be maintain, but not expanded upon (Exhibit III, Chapter 17 93, Nonco forming
Uses) Subsequently, on March 25, 1999, a letter (Exhibit IV) was mailed to the a plicant
explaining the staff's decision that a mini-storage facility is not a similar use in the CI-1 District.
On April 7, 1999, the applicant submitted an Appeal Application (Exhibit I) of the stc\ff's
decision that mini-storage units are no longer a use (or similar use) allowed in the d-1 Zoning
District.
SIMILAR USE DETERMINATION I
I
As provided in Chapter 17 26 030(8) the criteria for a similar use finding shall include but not
I
be limited to the following I
1 That the propose;d use is appropriate in this district,
2 That the develo~ment guidelines for permitted uses can be met by the proposed
use .
3 That the public need is served by the proposed use
In addition to the above criteria staff considered the proposed uses' classification in the
Standard Industrial Classification Manual, Executive Office of the President Office of
Management and Budget, 1987, (Exhibit V) and the intent of the other commercial districts in
the City (Exhibit VI, CBD, C-2, C-3 and Industrial)
While the similar use beginning requested is for a specific site, the objective of the similar use
determination is determine if the use is compatible for all site's in the C-1 Commercial District.
CITY COUNCIL ACTION. The City Council may take on of the following actions request additional
information from staff and/or the appellant, find the staff's decision to be consistent with the
C-1 Commercial District, or find that mini-storage facilities are a similar use in the C-1
Commercial District.
Page 2
Exhibit I
City of Velm
I
Notice of Appeal Application - API/!)99-S234-VL
__u May 12, 1999
CITY OF YELM OF~IAL USE ONLY I
PO Box 479 Fee {5f).rx:.p
Yelm WA 98597 D~1vefl- '7..f1'!]
360-458-3244 BY~ I
I
I
FileNo.
NOTICE OF APPEAL
APPLICATION
I
!
I
I
I
I
I
thle
I
Acres !
2 East,W t-',
I
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I
DETAILED DESCRIPTION OF APPEAL (ATTACH ADDITIONAL PAGE(S) AS NECESSARY): _1_
In reSDonse to the March 25. 1999 letter on the Committee'ls
e!pr.i~ion I
W phil i 1t iI m; n ; - ~ tor n 9 p far. il it Y i n 1 993 at 407 S E 2 n d S t rl.eli
The zoning then was the same as it is now, Commercial C-1J
T w 11 ~ 11 t t h n t t imp g r iI n t p cf 11 P p r m; t t 0 h II il cf the m i n i - ~ t 0 rl..a..g.e
Now the City has stated that mini-storaaes are no lonaer I
permittee! in thi~ 70ning. I
Th;e; projprt Wile; mPilnt to hp ollr rpt;rpmpnt ;nr.omp nnri we!
planned on enlar9in9 it at a future time. This site. the~
~1IY. ~holllcf hI' rp<;prvprl for "RII"inp"" r.pntl'r" type of I
hll<;;np~<;pe; Th;<; <;;tp;<; on iI 'nPilrl Fnrl' ~trppt nnrl hn<; "I..!L-
thru traffir. and is not ~uitabll' for "Rusiness Center" I
typl' of hll,,;np<;<;p<; Th;<;, howpvpr, i<; n goorl ~itp for n I
min;-~torilgp/wilrpho"e;ing fnrility I
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I-
I
I I
I affinn that all answers, ~tatements and Infonnatlon contained In and submitted wlth this apPlicatl~'Jn
are complete and accurate to the best of my knowledge. I also affinn that I am the owner of the sll,bject
site or am duly authorized by the owner to act wlth respect to this application. Further, I grant I
pennlssion from the owner to any and all mployees and representatives of the City of Yelm and other
govemmental gencies i> ente upo n Inspect said property as reasona y ne ssary to proce!;s
this applicatl re ~ y II f s the city which apply to this ap i ion. I
Signed Date
I
APPLICANT Al fred L. Johnston
Mailing Address P 0 R 0 x 1 R 9 q
City,StateandZip Yplm, WA 9RS97
Telephone (360) 458-4600
LAND USE CASE #
PROPERTY DESCRIPTION
Genera/Location Property located on the left of 2nd St SE at
'Dead End' - Nearest cross street - Mosman St.
Site Address 407 2 tl d S t ~ ~ Land Area (acres) . 8
Section 1 q Township 1 7 Nor t h Range
Assessor's Tax Parcel Number ?? 7 - 1 q - 3 3 2 6 0 0
Full legal description of subject property (attach separate sheet If necessary)
~pp <;pp~r~tp "hl'et attached.
Exhibit II
City of Yelm
Chapter 17.26, C-1 District - # APPi99-8234-YL
MaiY 12, 1999
Chapter 17.26
COMMERCIAL ZONE
(C-I)
Sections.
17.26010 Purpose
17.26.020 General reqUirements
17.26030 Permitted uses
17.26035 Prohibited uses
17.26040 Special uses
17.26 050 Envlfonmental performance standards
17.26060 SIte/building area
17.26070 Building location
17.26.090 Height
17.26100 Ingress and egress
17.26 110 Off-street parking
17.26.115 Parking area and circulation design
17.26.130 Landscaping
17.26.140 Stormwater runoff
17.26.010 Purpose. In furtherance of the comprehensive plan, tlus zone IS mtended to prOVide for the loc,ltion
of business centers to serve the needs of the community for convenience goods and services such as food, dt'Ugs,
household supplies, automobile servicmg, recreation, entertainment and other uses related to, but lesser in S(I:ope,
than downtown core area uses. I
17.26.020 General requirements. The following uses only are penmtted as heremafter specifically provid~l and
allowed by this chapter subject to the off-street parking requirements set forth in Chapter 17 72 and the ge1tleral
proVISIOns and exceptions set forth in this title.
17.26.030 Permitted uses.
A. Uses permitted outnght are as follows:
1 Apartments at a density of 16 umts per acre as part of a mixed use development. Apartments shall
represent no more than sIXty percent (60010) of a nuxed use development. All other residential uses
are allowed provided the development occurs on existing lots of record, I acre or less;
2.
3
4
5
Antique shops;
Appliance stores;
Auction house/barn, excluding auction house/barn for vehicles or hvestock;
Automobile laW1dry (including as an accessory use to a service statIOn) based either upon a to1tally-
manual or fully-automatic process capable of servicing not more than two vehicles simultaneously;
Automobile sales, mmor;
Automobile supply stores;
Automotive repair station, nunor;
I
6
7
8
9
10
11
12.
Bakeries (retail only),
Banks, savings and loan associatIOns and credit umons;
Barber shops and beauty shops;
Billiard hall and pool haIr', provided such uses not be permitted to locate Within five hundred feet
of the exterior boundary line of any public school grounds measured along the most direct rout<l: over
17.26-1
Exhibit II
City of Yelm
Chapter 17.26, C-1 District - # APP99-8234-YL
May 12,1999
or across established public walks, streets or other public passageway to the nearest public entrance
of the premises proVided for license;
12. Bluepnntmg and photostatmg;
13 Books and stationery, video and art supply stores,
14 Bowlmg alleys,
15 Building, hardware and garden matenals,
16 Bulk retail stores,
17 Busmess and professIOnal offices;
18 Clothes clearnng agency;
19 Confectionery stores;
20 Conservatones of music, drama and instrument mstructlOn;
21 Convenience food markets;
22. Delicatessen stores;
23 Department stores;
24 Drug stores;
25 Dry cleaners, laundnes, automatic or nonautomatic, domg retail piece work and using
noncombustible matenals, provided not more than ten persons are employed at anyone time and
with building facilities containing not more than five thousand square feet m gross area,
26 Fabnc stores;
27 Flea market when in an enclosed building;
28 Flonst;
29 Food stores and drug (variety) stores;
30 Galleries, art or museum;
31 Garages for mmor automobile repair;
32. Garden supply shops, including plants ill pots and containers,
33 Gasolme service stations;
34 GymnasiUl11, public or commercial or phYSical culture studios;
35 Hobby, toy and game stores,
36 Home funllshmgs sales and/or servICe;
37 Hotels/motels,
38 Hospitals,
39 Ice, packages and storage retail dlspensmg not exceeding five-ton capacity;
40 Jewelry stores;
41 Laundnes, automatic,
42. Liquor stores, off-sale, provided such uses not be pennitted to locate within five hundred feet of the
exterior bOlUldary property lme of any public school grounds measured along the most direct route
17.26-2
Exhibit II
City of Yelm
43
44
45
46
47
48
I
Chapter 17.26, C-1 District - # AFtP99-8234-YL
Nilay 12, 1999
over or across established public walks, streets or other public passageway to the nearest LblIC
entrance of the premises provided for license;
Locksrmths;
Millinery shops,
Mortuaries;
Musical InStrument manufactunng with associated retail,
Newsstands;
On-site treatment and storage facilities for hazardous waste, subject to the state sltmg cllitena
adopted pursuant to the requirements of Chapter 70 105 RCW,
Parkmg lots, provided any area so used shall be improved and mamtained m the manner re~luired
by Chapter 17 72 and proVided further that any such area shall not be used for a vehicle, trai ler or
boat sales area or for the accessory storage of such vehicles;
Personal services;
49
50
51
52.
53
54
55
56
Pet shops and hOSPItals;
Photographic, electronic and video stores;
Post office branch;
Printmg establishments except for newspaper letter presses;
Radio and teleVIsion retail and repair shops;
Restaurants, cafetenas including dove-through (car service), and restaurants including cocktail
lounges;
Secondhand store;
Sporting goods and related stores;
Stationery and book store, including incidental printing;
Studios, such as record recording, couturier, artist, mUSIC, dancmg and photographic;
Swnmning pools (commercial);
Tailor shops and weanng apparel shops;
Taverns, provided such use shall not be penmtted Within five hundred feet of the exterior boundary
property line of any public school grounds, public park or public playground,
Theaters, when withm an enclosed building;
Tool sales and rental,
Trade schools;
Vetennary clinics and hospitals;
57
58
59
60
61
62.
63
64
65
66
67
B. Similar or related uses permitted as follows:
Other unlisted, similar or related uses, and cnteria for determination of similarity or relatedness, as
follows:
a. Uses sImilar to, or related to, those listed in subsection 17.26 030(A) are permitted upon a finding
of the approval authonty and/or the site plan review committee that a particular unlisted US(I~ does
not conflict with the intent of this chapter or the poliCies of the Yelm development plan.
17.26 - 3
Exhibit II
City of Yelm
Chapter 17.26, C-1 District - # APP99-8234-YL
May 12, 1999
b The cntena for such finding of similanty shall include but not be hmited to the followmg:
( 1) That the proposed use is appropnate m thiS district,
(2) That the development guidelmes for permitted uses can be met by the proposed use,
(3) That the pubhc need is served by the proposed use.
17.26.035 Prohibited uses. Automobile sales, major is a prohibited use m thiS zone.
17.26.040 Special uses.
A. Outdoor flea market and farmer's market are special uses allowed under Chapter 17 66, subject to the
followmg conditions.
1 No more than four per year per locatiOn,
2. Not more than three days at a time;
3 Not to cause a pubhc hazard relatmg to traffic, sarutatIon, etc.
B Special uses as permitted as provided for in Chapter 17 66
17.26.050 Environmental performance standards. It shall be the responsibihty of the operator and/or the
propnetor of any permitted use to provide such eVl(lence and techrucal data as the approval authority may require
to demonstrate that the use or activity is or will be in compliance With the environmental performance standards
of Chapter 17.57 of this title. Failure of the approval authority to require such information shall not be construed
as relieving the operator and/or the proprietor from compliance with the environmental performance standards
of this title.
17.26.060 Site/building area. The size and shape of sites shall be as follows:
A. Mirumum Size of any parcel to be developed in this distnct shall be five thousand square feet.
B Twenty-five percent (25%) of the floor area of a builclmg with smgle-story gross floor area m excess of
40,000 square feet shall be Sited Within 1,000 Imear feet of a double artenal.
17.26.070 Building location. Location of buildings or structures on site, if adjacent parcels are m same zorung
distnct or in another commercial or industrial district, shall be as follows:
A. Setbacks from side property lines: ten feet;
B Setbacks from rear property lines: twenty feet;
C. Setbacks from front property lines: fifteen feet.
17.26.090 Height. Maximum height of buildings shall be forty feet.
17.26.100 Ingress and egress. Ingress and egress at the site shall be consistent With the Yelm Development
Guidelmes 4B.140
17.26.110 Off-street parking.
A. The provisiOns of Chapter 17 72 shall apply
B The nummum parkIng requirements specIfied m this sectIon may be adjusted m the site plan reView process
under the following conditions: when m therr opinion an adjustment will be m accord With the purposes of
this code, and will not create an adverse unpact on existing or potential uses adjoining the subject property,
or in the general vicinity of the subject property The followmg factors shall be considered in the
determmatIon of such impacts and such adjustments:
Two or more uses may share a parkmg area or garage if:
a. The total number of parking spaces proVided is at least equal to the sum of the minimum number
of spaces required for each use; or
17.26 - 4
Exhibit II
City of Yelm
Chapter 17.26, C-1 District - # A1t)P99-8234-YL
n,nay 12, 1999
b The u= ''''''p,,,tin. dun". diff"",t bow-s ""d th< "wnb<>- of pm"'. 'I'''''''' " .t t""t 1.'110
the nunnmun nwnber of spaces reqwred for all uses operating at the same time, and no great!er than
the maxlmwn nwnber of spaces penmtted for all uses operatmg at the same time. I
2. Where adjommg parkmg facilitIes of two or more ownerships are developed and designed as one parkmg
facility, a reduction of up to fifteen percent of the total combmed reqUired parkmg spaces J1nay be
permItted.
c.
3 The contmuatIOn of Jomt or shared facilities shall be assured by a sufficient legal docwnent su.ch as a
I
covenant or recIprocal easement agreement or recorded covenant on the approved SIte pllll or by
partICIpation in a locallffiprovement distnct.
Alternative programs that may be considered by the approval authority and/or SIte plan reVIew
committee under tlus section include, but are not lImited to the following:
a. Private vanpool operatIOn,
b Transitlvanpool fare subsidy;
c. Imposition and maintenance of a charge for parking;
d. Provision of subscription bus servIces;
e. Flexible work hour schedule;
f. Capital improvements for transit servIces;
g. Preferential parking for carpools/vanpools;
h. Participation in the ride-matchIng program,
1. Reduction of parking fees for carpools and vanpools;
J Establishment of a transportation coordinator pOSItion to implement carpool, vanpool and transit
programs;
k. Bicycle parking facilities.
Off-street parking requirements for uses ~imilar or related to, or any use not specifically listed in the Yelm
Development Guidelines, Section 4, Transportation, Table 1, shall be determined by the approval a1uthority
and/or SIte plan review committee after consultation with the director of public works on the bas1is of the
reqwrement for similar uses, and on the basIS of eVIdence of actual demand created for sImilar 01: relate.d
uses m Yelm, and such other traffic engineering or planrnng data as may be available and approp1nate fc)r
the establishment of minimum and maxunum parking requirements. I
Parking spaces may be designed and constructed for up to twenty-five percent of the required nwnber for
compact size cars. An applIcant must clearly identify all spaces designed and constructed for co~_pact car
use. The approval authonty and/or site plan reVIew conumttee may approve the deSIgn and desigr!latIon of
more than twenty-five percent of the spaces for use by compact cars if the applicant demonstrate!; that no
adverse impact will result. I
Parkmg areas or garages shall be desIgned to proVIde for off-street vehicle circulatIon to adjoining property
and parking areas where physically feasible, except that driveways and parking aIsles should not cross
pedestrian linkages in C-l land use districts.
Convenient, marked pedestrIan access shall be proVIded from parking areas to pedestnan linkage systems
and from parking areas to principal uses.
An owner/developer may install the required parkmg spaces in phases If a phased schedule Illas been
approved by the approval authonty and/or site plan reVIew committee. This schedule must speCIfically
mdicate when the minimum parking requirements of Section 17.24 140 will be provided. The 11pproval
authority and/or site plan review committee may permit the use of temporary parking areas with apl!Jropriate
D
E.
F
G
17.26-5
Exhibit II
City of Yelm
Chapter 17.26, C-1 District - # APP99-8234-YL
May 12, 1999
screemng as part of a phasmg schedule. In additIOn, the approval authonty and/or site plan review
conunittee may reqUlre a performance assurance deVice to msure conformance With the reqUlrements and
mtent of Section 17.24 140
17.26.115 Parking area and circulation design.
A. The city public works department or approval authonty shall have the authority to fix the locatIOn, width
and marmer of approach of velucular mgress or egress from a building or parkmg area to a public street and
to alter eXiSting mgress and egress as may be requrred to control street traffic m the mterest of publIc safety
and general welfare.
B Internal clfculatlOn of the lot shall be so deSigned as to mlmmlze m-and-out drivmg time, idlmg time and
tune spent looking for a parking space.
C. When off-street parkIng is proVided m the rear of a building and a driveway or lane alongside the building
provides access to the rear parkIng area, such dnveway or lane shall be a nunimum Width of twenty feet
with a three-foot minimmn Width Sidewalk adj01lllllg the building and curbed or raised six inches above the
driveway surface.
D Parking areas shall include landscapmg as required by tlus chapter or by Chapter 17 80
17.26.130 Landscaping.
A. Landscaping shall be provided according to Chapter 1780 and the provisions of this Section 17.26 130
are supplemental thereto.
B Parcels or lots which share a common boundary With properties in a residential or open space/institutional
distnct shall, in addition to the rear or Side setbacks requrred m Section 17.26.070, provide a ten-foot stnp
for landscapmg along said common boundary
C Refuse.
I Refuse container screening shall be requrred and 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 contamer, and shall
in no case be less than six feet lugh.
2. No refuse container shall be permitted between a street and the front of a building.
3 Refuse collection areas shall be designed to contain all refuse generated on site and deposited between
collections. Deposited refuse shall not be visible from outside the refuse enclosure.
17.26.140 Stonnwater runoff. All stormwater runoff shall be retained, treated and disposed of on Site or
disposed of m a system designed for such runoff and wluch does not flood or damage adjacent propertles.
Systems designed for runoffretentlon and control shall comply with specifications prOVided by the City and shall
be subject to Its review and approval, and shall, moreover, comply with Chapter 5 of the Yelm Development
GUidelines, Drainage Design and Erosion Control Standards for the City of Yelm.
17.26-6
Exhibit III
City of Yelm
I
Chapter 17.93, Nonconforming Use - # ~a.PP99-8234-YL
_JYII~y 12, 1999
',\.
l,; .~
Chapter 17.96
AMENDMENTS, REZONES AND VARIANCES
Sections:
17 96 010 Generally
17 96 020 Initiation of amendments, rezones and vanances
17 96 023 Variances--when granted
1796.025 Variances--front, side and rear yard setbacks
17 96 030 Application forms
17 96 040 Public heanngs
1796.050 Notice of hearing
1796.060 Consideration by City council
17 96.070 Action by City council
17.96.010 Generally. Whenever public necessity, convenience or general welfare reqwres, the prOVIsions of
this title may be amended.
17.96.020 Initiation of amendments, rezones and variances. Amendments of the text of this title or the
offiCial zoning map or variances may be initiated by
A. Verified application of one or more owners of property winch is proposed for a variance filed with tb.e
planning department. I
B. The adoption of a motion by the city Council requesting the planning commission to set the matter ti,)r
hearing and recommendation; or
C A recommendation by the planning conunission to the city council.
17.96.023 Variances-when granted. Ifbecause of special circumstances applicable to the subject property
due to size, shape, topography, location or surroundings, and if the strict application of this title is found J)
deprive subject property of rights and privileges enjoyed by other properties in the vicmity and under identical
zone clasSification, the approval authority may grant a vanance in accordance with the proVisions for
variances in Chapter 17.96 of the Yehn Municipal Code.
17 .96.025 Variances-front, side and rear yard setbacks. The SPRC may grant a variance of up to fifteen
percent from the front, Side and rear setback requirements m all zones. Any variance from such front, Side and
rear setback requirements that exceeds 15% shall be considered by the planning commisslOn after the
planning commission has provided notice and a public hearing as if such variance were a special use penult
as provided in Chapter 17 66. This does not preclude other vanances from being considered as provided nil
Section 17.96.023
17.96.030 Application forms. The planmng department shall prescribe the forms to be used for
amendments, rezones and variances. The plarming department may prepare and provide blanks for such
purposes and prescribe the type of information to be provided. No application shall be accepted unless it
complies with such requirements.
17.96.040 Public hearings. At least one public hearing on any such proposed amendment, rezone or varilmce
shall be held by the planmng conumssion. l
17.96.050 Notice of hearing. Notice of public heanngs for such proposals shall be published in a newsp~ per
of general Circulation in the city and by written notice, addressed through the United States mail, to all I
property owners as recorded in the Thur~ton County assessor's office, within three hundred feet of the subject
property, at least ten days prior to the heanng. In addition, at least ten days prior to the hearing, notice of :';aid
hearing shall be posted in the following places: on the property; at a public street intersection near the I
property; and at city hall.
17.96.060 Consideration by city council. The planning commission's recommendation shall be presented
for City council consideration no longer than twenty workmg days from the date a decision constituting a
recommendation is rendered.
17.96.070 Action by city council. The city council may accept, modifY or reject the planmng conumsslOn(s
recommendation and findings or conclusions therein, or may remand the decision to the plarming commiss,ion
for further hearing. A deciSion by the City council to modifY, reject or remand shall be supported by fmdinb
~~~. l
17 96 080 Appeal of City Council's Final DeciSion. These appeals go to the Supenor Court and follow th_
Judicial review process set forth in RCW 36 70C
Exhibit IV
City of Yelm
Similar Use Determination -
I
I
# APP99-8:~34-YL
I
Mi;ay 12, 1999
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
March 25, 1999
Mr AI Johnston
PO Box 1899
Yelm, WA 98597
Re. Similar Use Determination
Dear Mr Johnston.
The Site Plan Review Committee has considered your request for a similar use determinati(,m
to allow Mini-Storage in the C-1 Commercial District, Chapter 17.26 of the Yelm Zoning Co~le
The Committee's decision is based upon the following facts and conclusions.
Findinq of Facts.
1 Chapter 17.26, Commercial Zone C-1, purpose is to "In furtherance of the comprehensive
plan, this zone is intended to provide for the location of business centers to serve the need!> of
the community for convenience goods and services such as food, drugs, household sUPPlie:!S,
automobile servicing, recreation, entertainment and other uses related to, but lesser in scol'>e,
than downtown core area uses.
2. Mini-warehousing is not listed as a permitted use in the C-1 Commercial District.
3 The Standard Industrial Classification Manual, Executive Office of the President Office e'lf
Management and Budget, 1987, classifies Special Warehousing and Storage, not elsewhelre
classified, in Division E, Transportation, Communications, Electric, Gas, and Sanitary Servi1ces,
Major Industry Group No 42, and Industry No 4226
4 Mini-warehousing is an allowed use under Chapter 17 39, IndustriallWarehouse District
(IIW) and is a similar use under the C-2 and C-3 Commercial District's.
Conclusion.
1 Mini-warehousing does not meet the purpose/intent of Chapter 17.26 As described in l:he
purpose statement, commercial uses in this district should serve the daily service and retail
needs of the community I
2. Mini-warehousing is not a compatible or similar use to those uses allowed outright in thl9
C-1 Commercial District.
Exhibit IV
City of Yelm
Similar Use Determination - # APP99-8234-YL
May 12,1999
Mr AI Johnston
March 25, 1999
Page 2
3 Uses allowed in the C-1 Commercial District are typically classified as Division G, Retail
Trade, Division H, Finance, Insurance, and Real Estate and Division I, Services in the
Standard Industrial Classification Manual, Executive Office of the President Office of
Management and Budget, 1987
Decision
The Site Plan Review Committee has determined that mini-storage/warehousing is not a
similar use in the C-1 Commercial District.
This decision is a Type I, Ministerial Decision and can be appealed to the City Council at a
closed record appeal hearing An appeal of this decision must be filed within 14 days of the
date of this letter (April 8, 1999 )
Enclosed is the Appeal Application which must be completed and turned into the City by April
8, 1999, along with the $50 00 application fee for the appeal to be valid.
If you have any questions or if I can be of further assistance please contact me at 458-8408
S~4h-o
Catherine Carlson
City Planner
cc: Shelly Badger
Ken Garmann
Tim Peterson
Exhibit V
City of Yelm
I
Standard Industrial Code Classification- # Alj)P99-8234-YL
Mi,lY 12, 1999
DIVISION E
t!
~ Transportation, Communications, Electric,
L Gas, and Sanitary Services
II
~,
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r
if This division includes establishments providing, to the general public or to
~ther business enterprises, passenger and freight transportation, communicati(ms
~rvices, or electricity, gas, steam, water"or sanitary services, and all establishme'lnts
of the United States Postal Service.
EI For many of t?e ind~~~es ~ t~ division, the estab~hments ha~e activiu,ies,
,orkers, and phYSIcal facilities distnbuted over an extensIve geographic area. Jfor
pus division, the establishment is represented by a relatively permanent offiice,
FOP, s~tion, te~~,. or warehouse, etc. that is. either (1) directly responsible for
~supervlSmg such actIVIties or (2) the base from which personnel operate to carry Dut
!ese activities.
,,' Many of the industries are engaged in various related activities. For example,
establishments of comniunications, pipeline, and utility enterprises include a valrie-
ii~.. ..... of activities, such as power generation, pumping, transmission, and distributil.on.
., blishments primarily engaged in such activities are all classified in this dlivi-
'on. Establishments primarily engaged in new or replacement construction fori ea-
. lishments of these types of enterprises are classified as operating establishmEi'nts
Division C, Construction. Locations engaged in activities such as sales of electric
~PPlianCes to household consumers are classified in Division G, Retail Trade. I
, The establishments classified in this division furnish services to the general
. ublic or to other busin~ enterprises; establishmen~ which fu~h similar. ,~rv-
. . only to other establishments of the same enterpnse are classified as auxili1ary
'. the establishments or units of the enterprise which they serve. However, Sflpa-
.' te establishments primarily engaged in long-distance trucking, stevedoring, wl1lter
portation, or pipeline transportation are classified according to their acdrity
d not as auxiliaries, even though they serve only establishments of the same en-
rprise.
The Division as a Whole
265
Major Group 42.-MOTOR FREIGHT TRANSPORTATION AND
WAREHOUSING
The Major Group as a Whole
This major group includes establishments furnishing local or long-distance trucking Or
transfer services, or those engaged in the storage of farm products, furniture and other
household goods, or commercial goods of any nature. The operation of terminal facilities for
handling freight, with or without maintenance facilities, is also included. Establishments pri.
marily engaged in the storage of natural gas are classified in Industry 4922. Field warehous-
ing is classified in Services, Industry 7389 Establishments of the United States Postal Servo
ice are classified in Major Group 43. I
I
i
Industry
Group
No.
Industry
No.
421 TRUCKING AND COURIER SERVICES, EXCEPT AIR
4212 Local Trucking Without Storage
Establishments primarily .engaged in furnishing trucking or transfer servo ,
ices without storage for freight generally weighing more than 100 pounds, in a i
single municipality, contiguous municipalities, or a municipality and its sub- ',jl
urban areas. Establishments primarily engaged in furnishing local courier
services for letters, parcels, and packages generally weighing less than 100
pounds are classified in Industry 4215; those engaged in collecting and dispos. I
ing of refuse by processing or destruction of materials are classified in Indus- ~
try 4953; those engaged in removing overburden from mines or quarries are
classified in Division B, Mining; and construction contractors hauling dirt and
rock.as a part of their construction activity are classified in Division C, Con.
struction.
Ileggage tranaf'er Ha.Ung, by dump truck
Carting, by truck or horse drawn Local trucking. without ttorage
wagon Log trucking
Debris removal, local carting only Mall carnaro, bulk, contract: local I'
Draying, local: without Itorage Refuae, local collecting and transpon.
Fann to mark.t hauling jng: without dispoaal
Furniture moving, local: without star- Rental of trucks with drivers ,
age Saf. moving, local i
Garbage, local collecting and transport. Star routes, local !
Ing: without diapooal Truck rental for local u.., with driven,
Hauling live animals, local Trucking timber I
4213 Trucking, Except Local 1
Establishments primarily engaged in furnishing "over-the-road" truckingj
services or trucking services and storage services, including household goods j
either as common carriers or under special or individual. contracts or agree- i
ments, for freight generally weighing more than 100 pounds. Such operations:
are principally outside a single municipality, outside one group of contiguous i
municipalities, or outside a single municipality and its suburban areas. Estab- 1
lishments primarily engaged in furnishing air courier services for individually
addressed letters, parcels, and packages generally weighing less than 100
pounds are classified in Industry 4513 and other courier services for individ. i
ually addressed letters, parcels, and packages generally weighing less than 100 I'
pounds are classified in Industry 4215.
STANDARD INDUSTRIAL CLASSIFICATION
Induatt'y
No.
PUBLIC WAREHOUSING AND STORAGE-Con.
4222 Refrigerated Warehousing and Storage
Establishments primarily engaged in the warehousing and storage of peri!
able goods under refrigeration. The establishments may also rent locker Ilpt
for the storage of food products for individual households and provide incidl
tal services for processing, preparing, or packaging such food for storage.
tablishments primarily selling frozen foods for home freezers (freezer a
locker meat provisioners) are classified in Retail Trade, Industry 5421.
~ ware_ Storap, frozen or refrigerated Ioocl
Cold storage locker rental Wanlhousing, cold storage or refr!c>
Food lockaro, rental eel
FrooeD food locker rental
4225 General Warehousing and Storage
Establishments primarily engaged in the warehousing and storage of a ~
eralline of goods, The warehousing of goods at foreign trade zones is classiJ
in Industry 4226. Field warehousing is classified in Services, Industry 7389.
Oenora1 warehoaalng and storage Wanlhouslng. ..lf~
Mlnlwarehouae warehouaing
4226 Special Warehousing and Storage, Not Elsewhere Classified
Establishments primarily engaged in the warehousing and storage of ape
products, not elsewhere classified, such as household goods, automobiles (c
storage only), furs (for the trade), textiles, whiskey, and goods at foreign tl
zones. Warehouses primarily engaged in blending wines are classifiec
Wholesale Trade, Industry 5182.
AutomobUa dead storage
Fur storage for the trad.
Furnltura storage, without local truck.
Ing
Houoehold sooda warehousing and Itor-
lip, without local trucking
Lumber tormlna1a, storage for hint
on and gasoline storage caverna for
hint
Petroleum and chemlc:al bulk stations
ODd tormInaIa for hlra
storage of sooda at Coreign tnde
Storage, opedal: except Carm pr
and cold storage
Textile ....nthoualng
W"",housing of sooda at Coralp
"",eo
Wanlhoaalng, opedal: except
produeta and cold storage
Whiakey ......hoaaIng
om
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,...
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-
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-
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f/)
f/)
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3:)>
D) "'tJ
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...a. CD
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...a. (X)
CDN
CDW
CDf"
-<
r-
TERMINAL AND JOINT TERMINAL MAINTENANCE FACILITIES FO
MOTOR FREIGHT TRANSPORTATION
4231 Terminal and Joint Terminal Maintenance Facilities for Motor Freight
Transportation
Establishments primarily engaged in the operation of terminal faei
used by highway-type property carrying vehicles. Also included are tern:
which provide maintenance and service for motor vehicles. Terminals 01
ed by motor freight transportation companies for their own use are elas
in Industry Group 421. Separate maintenance and service facilities ope
by motor freight transportation companies are classified as auxiliary I
lishments primarily engaged in the repair of trucks are classified in SeT
Industry Group 753.
Freight trucking tonnlnals, with or
without maintenance racillties
,.-- ':~1i --;;;,'--; ~"f<f'-rTii'--:I"
Exhibit V
City of Yelm
I
Standard Industrial Code Classification- # AFrp99-8234-YL
Mi,lY 12, 1999
'I
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11:'
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DIVISION G
Retail Trade
(p.
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The Division as a Whole
This division includes establishments engaged in selling merchandise for per-
sonal or household consumption and rendering services incidental to the sale of the
rgoods. In general, retail establishments are classified by kind of business according
rto the principal lines of commodities sold (groceries, hardware, etc.), or the usual
~trade designation (drug store, cigar store, etc.). Some of the important characteris-
tics of retail trade establishments are: the establishment is usually a place of busi-
ness and is engaged in activities to attract the general public to buy; the establish-
ment buys or receives merchandise as well as sells; the establishment may process
its products, but such processing is incidental or subordinate to selling; the estab-
lishment is considered as retail in the trade; and the establishment sells to custom-
.ers for personal or household use. Not all of these characteristics need be present
land some are modified by trade practice.
For the most part, establishments engaged in retail trade sell merchandise to
th. e general public for pe. rsonal or household consumption. Exceptions to this gener-
al rule are lumber yards; paint, glass, and wallpaper stores; typewriter stores; sta-
tionery stores; and gasoline service stations which sell to both the general public for
~personal or household consumption and to businesses. These types of stores are clas-
jsified in Retail Trade even if a higher proportion of their sales is made to other
lthan individuals for personal or household consumption.
f, . However, establishments that sell these products only to institutional or indus-
~trial users and to other wholesalers and establishments that sell similar merchan-
idise for use exclusively by business establishments are classified in Wholesale
:Trade.
~ Establishments primarily engaged in selling such merchandise as plumbing
t~uipment; electrical supplies; used automobile parts; and office furniture are clas-
i~ed in Wholesale Trade, even if a higher proportion of their sales is made to indi-
rduals for personal or household consumption.
r. Buying of goods for resale to the consumer is a characteristic of retail trade
,establishments that particularly distinguishes them from the agricultural and ex-
,tractive industries. For example, farmers who sell only their own produce at or
i:from the point of production are not classified as retailers.
Processing incidental or subordinate to selling often is conducted at retail
iBtores. For example, restaurants prepare meals, and meat markets cut meat. Sepa-
irate establishments selling merchandise for personal or household consumption
, 818
which has been manufactured by other establishments of the same company are
classified in Retail Trade. . . .'
Ch' store warehouses are considered auxiliary to the retail estab~1Shment
ed aIDd are classified on the basis of the activity carried on by such retail stores.
serv ~lishments primarily engaged in the retail sale of. used motor. vehicles,
t ailers and boats are classified in Major Group 65; those sellmg used mobile homes
:re cl~ified in Industry 6271, those selling used automobile parts are classi~ed in
Wholesale Trade, Industry 6016; and those selling ~l o~her used m~rchandl8e are
classified in Industry Group 693. Establishments pnmarily engaged ill nonstore re-
tailing are classified in Industry Group 596.
;
Exhibit V
City of Yelm
Standard Industrial Code Classification- # APP99-8234-YL
May 12, 1999
DIVISION H
Finance, Insurance, and Real Estate
The Division as a Whole
:. This division includes establishments operating primarily in the fields of fi-
ce, insurance, and real estate. Finance includes depository institutions, nondepo-
tory credit institutions, holding (but not predominantly operating) companies,
,
~ther investment companies, brokers and dealers in securities and commodity con-
- cts, and security and commodity exchanges. Insurance covers carriers of all types
of insurance, and insurance agents and brokers. Real estate includes owners, les-
rs, lessees, buyers, sellers, agents, and developers of real estate. Establishments
rimarily engaged in the construction of buildings for sale (operative builders) are
~ified in Construction, Industry 1531.
DIVISION I
Services
The Division as a Whole
This division includes establishments primarily engaged in providing a wide va-
. ty of services for individuals business and government establishments, and other
ne ' lishm'din al
organizations. Hotels and other lodging places; estab ~nts ~roVl g person ,
business, repair, and amusement services; health, legal,. engmee~g: and other pro-
fessional services; educational institutions; membership OrgamzatIOns, and other
miscellaneous services, are included. .' . .
Establishments which provide specialized services closely allIed to actIVltIes
covered in other divisions are classified in such divisions.
~,
I
Purpose & Intent Statements - #j\PP99-8234-YL
M1ay 12, 1999
Exhibit VI
City of Yelm
Chapter 17.40
INDUSTRIAL DISTRICf (I)
Sections:
1740010 Intent
17 40 020 Pennitted uses
17 40.030 Prohibited uses
17 40 040 Environmental perfonnance standards
17 40 050 Site requirements
1740.060 Building allowance
1740.070 Off-street parking
17 40.080 Landscaping
17 40.090 Stonnwater runoff
17.40.010 Intent. It is the intent of this chapter to:
A. Provide for the development of areas in which certain types of industrial activities may be located,
B. Protect industrial areas from other uses which may interfere with the purpose and efficient functiOnD\llg of
said areas; . ul' fr . .. . th . d 'al
C. Protect adjacent areas from adverse or damaging unpact res ting om actiVities m em ustn lIlreas;
D Provide criteria for the location and standards for the development of said areas.
Chapter 17.24
CENTRAL BUSINESS DISTRICf
(CBD)
Sections:
17.24010 Intent
17.24 020 Pemutted uses
17.24 030 Similar or related uses
i 7.24 040 Floor area.
17.24 050 Building locatIOn.
17.24 070 Public nght of way
17.24 080 Ingress and egress.
17.24 100 Height.
17.24 110 Environmental performance standards
17.24130 Landscapingreqwrements
17.24 140 Off-street parking
17.24 150 Parking area and circulation design
17.24170 Stormwaterrunoff
17.24.010 Intent. In addition to the commerCIal zoning districts there IS created an additional zone designated
as the CBD, central business district, Ifor the purposes of providing an area for lngh mtensIty usds or mixtures
of uses for geoccal COI1lltrlC1al, retail, service and multi dwelling activities. The purpose of the zone lis to promote
the spec1al cl1aractenstics of the existing downtown Yelm area, to prOVide a pedestnan shopping atrhosphere and
to promote the rehabilitation of existing structures and the most desrrable uses of land and (he following
provisions in this chapter shall be applicable to the zone.
Exhibit VI
City of Yelm
Purpose & Intent Statements - # APP99-8234-YL
May 12,1999
Chapter 17.27
REA VY COMMEROAL ZONE
(C-2)
Sections:
17.27010 Intent
17.27020 Penmtted uses
17.27030 ProhibIted uses
17.27040 Envirorunental performance standards
17.27050 Site area
17.27060 Building location
17.27080 Height
17.27 090 Ingress and egress
17.27 100 Off-street parking
17.27 105 Parking area and circulation design
17.27120 Landscaping
17.27130 Stormwaterrunoff
17.27.010 Intent. It is the intent of this chapter to:
A. Permit. in designated areas, commercial uses and activities which depend more heavily on convenient
vehicular access than pedestrian access, and which do not require locations in other commercial districts,
or which may be inappropriate in other commercial districts;
B. Limit location of heavy commercial areas to sites having safe and efficient access to major transportation
routes;
C. Identify the types of commercial uses appropriate or acceptable in the heavy commercial zone;
D Provide development guidelines to enhance the efficient operation of these districts, and to achieve
minimum adverse impact on the community as a whole, especially on adjacent properties having different
land use characteristics.
Chapter 17.28-
LARGE LOT COMMEROAL ZONE
(C-3)
Sections:
17.28.010 Intent
17.28020 Permitted uses
17.28030 Prohibited uses
17.28.040 Envirorunental performance standards
17.28.050 Site area
17.28 060 Building location
17.28070 Minimum floor area
17.28 080 Height
17.28.082 Ingress and egress
17.28.085 Off-street parking
17.28.090 Parking area and circulation design
17.28.100 Landscaping
17.28.110 Stormwater runoff
17.28.010 Intent. It is the intent of this chapter to:
A. Provide for the location of the facilities and services needed by the traveling public;
B Permit commercial uses and activities which depend more heavily on convenient vehicular access than
pedestrian access;
C. Limit location to sites having safe and efficient access to major transportation routes;
D Identify the types of commercial uses appropriate or acceptable in the large lot commercial zone;
E. Provide development guidelines to enhance the efficient operation of these districts; and to achieve
minimum adverse impact on the community as a whole, especially on adjacent properties having different
land use characteristics.
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
April 21, 1999
Mr AI Patton
21733 184th Street SW
Yelm, WA 98597
Dear Mr Patton
In response to your inquiry regarding the City required improvements at the Yelm Mini Storage,
407 SE 2nd Street, the City is working with the property owner to ensure those imprcvements
are completed to City standards
If the City and the property owner can not successfully come to terms regarding the timing and
construction of the improvements required as a condition of the 1993 site plan appmval, the
City will purse remedial action through the City's authority as descnbed in Chapter 17 102,
Violations (enclosed)
If you have any questions, please contact me at (360) 458-8408
Sincerely,
~~ Gf/}~
Catherine Carlson
City Planner
-,
cc Shelly Badger
Chapter 17 102
VIOLA nONS
Sections
17 102.010 Violation deemed misdemeanor
17 102.020 Liabihty for viOlatiOn
17 102.030 Remedy
17.102.010 Violation deemed misdemeanor. ViolatiOn of the provisions of thiS title or failure to comply
With any of its requrrements shall constitute a ll1lsdemeanor and such viOlation shall be purushed as provided
by the statutes of the state for the commissiOn of a ll1lsdemeanor Each day such violatiOn contmues shall be
considered a separate offense. The per day fme will be assessed as per the City'S bail schedule.
17.102.020 Liability for violation. The owner or tenant of any buildmg, structure, prell1lses or part thereof,
any arcrutect, builder, contractor, agent or other person who comnuts, participates m, asSiSts m or mamtams
such viOlation may each be found guilty of a separate offense and suffer the penalties herem provided.
17.102.030 Remedy. Notlung herem contamed shall prevent the City from takmg such other lawful actiOn as
is necessary to prevent or remedy any ViOlatiOn.
17 102 - 1
RECEIVED
D~:""i .' .~,,,~"., .'~~:~~~.
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*;*,;, **NEGATIVE, AMOUNT* *,;,
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.R~QEIVI;D FRON!
WRONG LINE ITEM
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DATi:.
04/07l9,9
Re;C. NO.
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AMOUNT
50.00-;.(: ,ECK
REFNO' ;
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INVEStMENT SALES 'REGEIPT
SHARI
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RECE;/VI;D
~';'~*FIt~Y DOLLARS ~ ~0 ~EM~s
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pAT.E
041'0,7 (.99
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REC. NO.
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CITY O~F
Y1E1LM
po: Box 479
yelm, WA 98597
360-458-8403
RECEfVEP FROM
AL, J.OHNSTON'
NOTICE OF APPEAL
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AMOUNT
~0 . 00 .dIECK.
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:MISCELLANEOOS 'RECEIPT
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CITY OF YELM
PO Box 479
Yelm WA 98597
360-458-3244
I
OFFICIAL USE ONLY
Fe::?~' CO
:m:r'71/9
FileN~. I
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YELM
WASHINGTON
NOTICE OF APPEAL
APPLICATION
,
-.-.,-------...-..:.-.------------
LAND USE CASE #
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A c r e 51
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DETAILED DESCRIPTION OF APPEAL IATTACH ADDITIONAL PAGElS} AS NECESSAIRY}'
In r e 5 po n 5 e tot heM arc h 25. 1999 let te r 0 n ' the Co mm i It tOe e~
rl~cision. '. . ..' I
W Phil i 1 t i'l m i n i - s tor i'l 9 p f a c i lit Y in. 1 9 9 3 a t 4 0 7 S E 2 nld S t r e e t
The 70ning then was the same as itis now, Commerciall C-l.
T Wi'lS at thi'lt timp gri'lntprl il pprmit to hllilrl thp minil-storage
N ow the C i t Y has s tat e d t hat mini - s tor a q e s are n 0 1 0 nlq e r
permitted in this 70ning. I
This projpc:t Wi'lS mpi'lnt to hp Ollr rptirpmpnt incomp anlrl WI"
planned on enlarging it at a future time. This site.1 they
s i'l y, s h 0 II 1 rl h I" r PSI" r v p rl for "R II sin p sse I" n t I" r" t y P I" 0 fl
hllsinpssps This sit!'> is on i'l .'npi'lrl Fnrl' strppt i'lnrllhi'ls no
t h rut r a f f i can d i s no t sui tab 1 e for "R u sin e s s C e n t e rl"
t y P e 0 f h II sin p sSP S T his, how p v p r, i s i'l goo rl sit p f olr i'l
mini-stori'lgp/wi'lrphollsing fi'lril ity I
I
I
I
I
I
I
I
l
APPLICANT A 1 f red L. J 0 h n s ton
Mailing Address po. R 0 x 1 Ii g 9
City, State and Zip V p 1 m. W A. 985 9 7
Telephone (360) 458-4600
PROPERTY DESCRIPTION
General Location Pro per t y 1 0 cat e don the 1 eft 0 f 2 n d S t S E
'Dead End' - Nearest cross street - Mosman St.
Site Address 1.1- 0 7 2 n d <) t <) F Land Area (acres) . 8
Section 1 g Township 1 7 Nor t h Range
Assessor's Tax Parcel Number ? ? 7 - 1 9 - 3 3 2 600
Full legal description of subject property (attach separate sheet if necessary)
Spp sPpi'lri'ltp sheet attached.
I 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 mployees and representatives of the City of Yelm and other
governmental gencies 0 enter upon'an inspect said property as reasona y nec ssary to process
this applicati re t y II f s the city which apply to this ap ic ion.
Signed
Date
.~
~
LEGAL DESCRIPTION
Order No. 65712
That part of the Southwest quarter of the Southwest quarter of
Section 19, Township 17 North, Range 2 East, W.M., described
as follows:
Commencing at the Southeasterly corner of Block 3 in McKenzie's
Second Addition to Yelrn, as recorded in Volume 8 of Plats,
page 104; thence South 370 34' West 170 feet along the Northerly
line of Second Street extended to the true point of beginning;
thence South 370 341 West 130 feet; thence North 520 261 West
250 feet; thence North 370 34' East 130 feet; thence South 520 26'
East 250 feet to the true point of beginning.
In Thurston County, Washington.
b
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
March 25, 1999
Mr AI Johnston
PO Box 1899
Yelm, WA 98597
Re Similar Use Determination
Dear Mr Johnston
The Site Plan Review Committee has considered your request for a similar use determination
to allow Mini-Storage in the C-1 Commercial District, Chapter 17 26 of the Yelm Zoning Code
The Committee's decision is based upon the following facts and conclusions
FindinQ of Facts.
1 Chapter 17 26, Commercial Zone C-1, purpose is to "In furtherance of the comprehensive
plan, this zone is intended to provide for the location of business centers to serve the needs of
the community for convenience goods and services such as food, drugs, household supplies,
automobile servicing, recreation, entertainment and other uses related to, but lesser in scope,
than downtown core area uses
2 Mini-warehousing is not listed as a permitted use in the C-1 Commercial District.
3 The Standard Industrial Classification Manual, Executive Office of the President Office of
Management and Budget, 1987, classifies Special Warehousing and Storage, not elsewhere
classified, in Division E, Transportation, Communications, Electric, Gas, and Sanitary Services,
Major Industry Group No 42, and Industry No 4226
4 Mini-warehousing is an allowed use under Chapter 17 39, IndustriallWarehouse District
(l1W) and is a similar use under the C-2 and C-3 Commercial District's
Conclusion.
1 Mini-warehousing does not meet the purpose/intent of Chapter 17 26 As described in the
purpose statement, commercial uses in this district should serve the daily service and retail
needs of the community
2 Mini-warehousing is not a compatible or similar use to those uses allowed outright in the
C-1 Commercial District.
,
F
<>
;,.
March 25, 1999
Mr AI Johnston
PO Box 1899
Yelm, WA 98597
Re Similar Use Determination
Dear Mr Johnston
The Site Plan Review Committee has considered your request for a similar use determination
to allow Mini-Storage in the C-1 Commercial District, Chapter 17 26 of the Yelm Zoning Code
The Committee's decision is based upon the following facts and conclusions
Findinq of Facts.
1 Chapter 17 26, Commercial Zone C-1, purpose is to "In furtherance of the comprehensive
plan, this zone is intended to provide for the location of business centers to serve the needs of
the community for convenience goods and services such as food, drugs, household supplies,
automobile servicing, recreation, entertainment and other uses related to, but lesser in scope,
than downtown core area uses
2 Mini-warehousing is not listed as a permitted use in the C-1 Commercial District.
3 The Standard Industrial Classification Manual, Executive Office of the President Office of
Management and Budget, 1987, classifies Special Warehousing and Storage, not elsewhere
classified, in Division E, Transportation, Communications, Electric, Gas, and Sanitary Services,
Major Industry Group No 42, and Industry No 4226
4 Mini-warehousing is an allowed use under Chapter 17 39, IndustriallWarehouse District
(IIW) and is a similar use under the C-2 and C-3 Commercial District's
Conclusion.
1 Mini-warehousing does not meet the purpose/intent of Chapter 17 26 As described in the
purpose statement, commercial uses in this district should serve the daily service and retail
needs of the community
2 Mini-warehousing IS not a compatible or similar use to those uses allowed outright in the
C-1 Commercial District.
....
.1' ()
Mr AI Johnston
March 25, 1999
Page 2
3 Uses allowed in the C-1 Commercial District are typically classified as Division G, Retail
Trade, Division H, Finance, Insurance, and Real Estate and Division I, Services in the
Standard Industrial Classification Manual, Executive Office of the President Office of
Management and Budget, 1987
Decision
The Site Plan Review Committee has determined that mini-storage/warehousing is not a
similar use in the C-1 Commercial District.
This decision is a Type I, Ministerial Decision and can be appealed to the City Council at a
closed record appeal heanng An appeal of this decision must be filed within 14 days of the
date of this letter (April 8, 1999 )
Enclosed is the Appeal Application which must be completed and turned into the City by April
8, 1999, along with the $50 00 application fee for the appeal to be valid
If you have any questions or if I can be of further assistance please contact me at 458-8408
S~4h->
Catherine Carlson
City Planner
cc Shelly Badger
Ken Garmann
Tim Peterson
Pre-Application Meeting
March 17, 1999
***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 planning and/or public works
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: AI Johnston
Project Proposal Expansion of Mini Storage including a variance for rear yard set back.
Project Location 407 SE 2nd St.
Zoning
Commercial C-1, Chapter 17.26
Amendments, Rezones and Variances, Chapter 17 96
Mini - Storage is not allowed in the C-1 District.
Variances are issued only "because of special circumstances applicable
to the subject property due to size, shape, topography, location or
surroundings, and if the strict application of this title is found to deprive
subject property of rights and privileges enjoyed by other properties in the
vicinity and under identical zone classification "
Parking
Chapter 17 72 - One space per employee based on the greatest number
of employees on a single shift, plus one space for every 300 square feet
of office space
All driveways, interior driving aisles and parking areas shall be paved
Landscaping Chapter 17 SO
Perimiter landscaping is required, Type II Stormwater facilities shall be
landscaped with Type V
A conceptuallandscapihg plan is required with application for Site Plan Review
Final landscaping and irtigation plan is required as element of civil drawings
SEPA.
Environmental checklist is required
Traffic
The City has adopted a Transportation Concurrency Ordinance which
requires new development to pay its fair share for needed improvements
due to growth The Transportation Facility Charge (TFC) is charged
based on the new pm peak hour trips generated by the development. The
Ordinance provides a default table (if use listed) that the applicant can
!
Other'
Application
and Process
use to determine new pm trips generated To determine the projects
impact and fee use the following formula
County Park (Land Use Code 412) J 1000 :;.
74(new trips) x gross building area f;f total new trips
Total new trips
~--~
$75000
=
TFC
x
If the applicant feels the proposed use would not generate the default
number of trips as designated in the TFC Ordinance an analysis prepared
by a Washington State Licensed Engineer can be submitted to the City
for review and consideration
The TFC is payable at time of permit issuance
Occupancy Permit
Variances, Chapter 17 96, requires a public hearing with the
Planning Commission and approval by the City Council Minimum
application requirements are located in Section 17 96 Also refer to
the application form supplied by the City for a detailed list of
contents required for a complete application packet.
Site Plan Review is an administrative process Application content
is listed on the application
A project of this size (including a variance request) can expect
completed review in approximately 60 -75 days Land use
approval typically contains conditions of approval that the applicant
must complete prior to receiving construction or bUilding permit(s)
Following land use approval the applicant is required to submit civil
construction drawings to the Public Works Department for review
and approval and satisfy all conditions of approval Upon
satisfactory completion of all conditions the applicant can submit
building plans for approval
Date March 17, 1999
To Al Johnston
From. PublIc Works Department
RE MinI-Storage AddItion
The PublIc Works Department has the followrng comments relative to the sIte
development located at 407 Second Street SE
WATER:
The proposed sIte IS connected to the CIty'S water system and should not
reqUire any addItional ERU's based on consumptIOn. Water ERU's
(eqUivalent resIdential umts) are based on a consumptIOn rate of 240
gallons per day and are charged at a rate of $ l,OOOIERU inSIde CIty lImIts
SEWER:
The proposed SIte WIll be required to connect to the CIty'S sewer system.
There IS an eXIstrng 6" PVC sewer lIne located on 2nd Street on the
property SIde of the road. Sewer ERU's (eqUivalent resIdentIal umts) are
based on discharge of 240 gallons per day Your property IS consIdered
under the ongmal servIce area at a rate of $2,480 OOIERU There IS also an
mspectIOn fee of $145 00 (for mitIal mspectIOn) + $35 OOlhour for any
addItIOnal inspections reqUIred. We wIll momtor monthly consumptIOn
reports for the next SIX months so that we can assess usage and determrne
if addItional ERU's (other than 1) need to be purchased.
FIRE:
FIre protectIOn to the bUIldmgs must be provIded per the Dmform Fife
Code There IS adequate fire protectIOn at thIS tIme
...
DRAINAGE:
If the proposed Improvement IS over 5,000 square feet of ImpervIOus
surface there are stormwater treatment reqUlrements per the D O.E
Stormwater Manual.
FRONTAGE:
There are frontage Improvements reqUlred for thIS project per the CIty'S
"Development GUldehnes" Second Street SE IS classified as "Local
Access Commercial" (attached are the detaIls of the reqUlred street
Improvements) The CIty wIll reqUlre these improvements at the time of
SIte development.
INTERIOR PARKING LOT LIGHTING:
As reqUlred per the City's "Development GUldelines"
ADA REQUIREMENTS:
To be determined upon further reVIew of plans.
OTHER:
These comments are prehmmary m nature and are not mtended to
represent final comments and or reqUlrements for the CIty of Yelm. UntIl
a complete applIcation IS made, the plannmg and/or pubhc works
department can only attempt to mform the apphcant of general
reqUlrements as they appear m the form presented by the apphcant at the
hme of pre-submIssion.
cc CathIe Carlson, CIty Planner
Shelly Badger, CAO
022399.atwooddoc
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CEMENT CONe.
BARRIER CURB
AND GUrTER
CI TY OF YELM
DEPT. OF PUBLIC WORKS
GENERAL NOTES:
1. "ON STREET" PARKING PERMITTED.
2. REFER TO RELEVANT SECTIONS OF THE
DEVELOPMENT GUIDEUNES FOR ADDt1l0NAL
INFORMA nON ON STORM DRAINAGE. SlREET
UGHllNG, PAVEMENT SlRUcr: RE, ECT
4-7DNEW.DWO
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LOCAL ACCESS
COMMERCIAL
APPROVED
oWG. NO.
4-6
PLANNING DEPARTMENT
(x) PW Dir
(x) City Admin.
I (x) City Planner
(x) PW Secretary
(x) Building Off
(x) PW Supervisor
(x) Mayor
(x) Applicant (x) Posted
THE FOLLOWING CASES WILL BE CONSIDERED AT YELM CITY HALL, 105
YELM AVE WEST, IN COUNCIL CHAMBERS
MEETING DATE Wednesday. March 17.1999
ll'" > ,,__,
"TIME:
,,~~~~l~:"
t~i<l' , "~~ ' " " -, "',~ ~ >' ," '''~')i,-t ... ,&-d 'h;'
PR~.. 'i~ 'Ef\t\l!RON- <}~SII~/ ' : OTHER: ~, "
stJ&- ' MENTAL "~~flA:~, ,', . ,;' ",
" MISSION,' iT REV:IEW, , "iREVIEW: :, '"
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DE$CRIPTI~N "
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12.30 m
130 m
2.00 m
2:30 m
300
~~"
Y2 - Y3 Update-
"
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" "',,,,,,,,,,,~~, ''>'' "'," ,
AI Johnston - Mini Storage Addition
3 30 m
Pre-submission meetings: Applicants and/or representatives are required to attend meeting.
I
Environmental Review/Site Plan Review: Staff review only, applicants and/or representatives are
I
not required to attend. If you plan to attend, please notify the Planning Department at 458-8408.
I
RECEIVED
MAR - 8 1999
CITY OF YELM
PO Box 479
Yelm WA 98597
360-458-3244
OFFICIA M9NL Y
Fee N/A
Date Received
By
Presubmission Meeting
Request Form
Fee None
A presubmission conference is an opportunity for applicants, developer(s) and/or consultants to meet
with city staff 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 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 meeting 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.
File No.
MEETING DATE REQUESTED
(a Wednesday)
Time (afternoon only)
APPLlCAN~L ~
ADDRESS . '[) I . . ;f![(JA..
TELEPHONE 8&.- - D
OWNER~ ~~
:~~E~~s~NE ~~ ~ - _~ . 'I ~!tv.
REPRESENTATIVE (if any)
ADDRESS
TELEPHONE
OCCUPATION
General location of the project
J-/.^/
.
c.. t:( --7 ~ Ai
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Section /1 Township /7 AI Range ;;2 ff
Assessor's'Tax Parcel Number 7-2 7-,Q - ;;53~
Type of Project (Subdivision, Annexation, Zorl'e Change, etcoo)
Total acreage I ~ Proposed Density
Proposed Land Use: Single-family Duplex Multi-family Mobile Home Park ~~ Industrial
"I...(.....y, wf-/) '.. )
Brief description of project -M L IJ \ S l 0 ~:::tG- 1'1 J(} '11 tJ~
Please attach five copies of a site plan drawing not larger than 11" X 17" and forward to Yelm City Hall.
CITY OF YELM
ds\C:l()ffice\plandept.cc\apps\presub.app
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City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
January 19, 1999
Mr AI Johnston
Yelm Mini Storage
PO Box 1899
Yelm, WA 98597
Dear Mr Johnston.
I apologize for not responding sooner to your letter dated October 15, 1998 I have consulted
with the City Attorney regarding the current land-use violations and a new application to expand
the use of the site
The City can except an application to expand the use of the site The proposed project would be
reviewed under the current City of Yelm Development Standards, in addition the conditions of
approval for the original site plan would be reviewed and incorporated into any approval for a
new site plan.
The City is very concerned that the original conditions of approval have not be completed in a
timely manner With the understanding that you are proceeding with an application to expand
the use at the site and incorporate the original conditions of approval into your proposed project,
the City will not take formal action on the zoning code violations at this time
If the City has not received a complete land use application packet for an expansion of the site
before April 1, 1999, we will proceed with formal action on the zoning code violations. City staff
would be happy to schedule a pre-submission meeting with you to discuss current City
standards and information required to submit an application. I have enclosed a Pre-Submission
form for your convenience
If you have any questions please contact me at 458-8408
Sincerely,
J elf)
/, 'I . i
UftLU? LJL.; o. /;t:t/'--
Catherine Carlson /
cc: Shelly Badger
Ken Garmann
Tim Peterson
--
~
~
4
.
p
October 15, 1998
-
~-t0J/f'\(AQML
ie' 10 /~~
~~ S,L)L 1_
Cathenne Carlson
City Planner
CIty of Yelm
POBox 479
Yelm, Wa 98597
Dear Ms Carlson.
I built Yelm Mim Storage m 1993 A precondItIon for my buildmg permIt was, wIthm a
two year penod, to asphalt the dnveway and to Install a sIdewalk along the street. Tills
work has never been completed and, although the CIty has not made a demand to do thIS
work, I am making a proposal.
I would like to deSIgn and build another building on the prerruse for more rrum-storage
umts As the excavatIon for tills work would damage the asphalt, I would like some
addItIonal tIme to do the new constructIOn fIrst Also, It would enable me to Include the
cost of these Improvements In a new constructIOn loan. As our rrum-storage busmess IS a
small one WIth not too much mcome, the addItIOnal umts would create more Income and
make it a better business
The additIonal tIme needed would be the tIme It would take to have the buildIng and SIte
improvement plans drafted, engmeered, and approved by the CIty, obtam the loan and
construct the buildmg. I would assume the plans could be approved by the CIty tillS
winter so we could build m the spnng and be complete in June of next year
~elY'
Al Jonnston
Yelm Mim Storage
POBox 1899
Yelm, Wa. 98597
(360) 458-4600
October 15, 1998
Cathenne Carlson
City Planner
City of Yelm
PO Box479
Yelm, Wa 98597
Dear Ms Carlson.
I built Yelm Mim Storage m 1993 A precondition for my building permit was, withm a
two year penod, to asphalt the dnveway and to Install a sidewalk along the street. Tms
work has never been completed and, although the City has not made a demand to do tills
work, I am making a proposal.
I would like to design and build another buildmg on the prefilse for more film-storage
umts As the excavation for tms work would damage the asphalt, I would like some
additional time to do the new construction first. Also, it would enable me to mclude the
cost of these Improvements m a new constructiOn loan. As our film-storage busmess is a
small one With not too much mcome, the additiOnal umts would create more mcome and
make it a better business
The additiOnal time needed would be the time it would take to have the buildmg and Site
Improvement pians drafted, engmeered, and approved by the City, obtam the loan and
construct the buildmg. I would assume the plans could be approved by the City tIus
wmter so we could build in the spnng and be complete in June of next year
[Je..-
fY' \ 0cc*e<l d~ 3
MINUTES
YELM PLANNING COMMISSION
TUESDAY, FEBRUARY 22, 1993, 4:00 PM
YELM CITY HALL COUNCIL CHAMBERS
Agenda Item/
Motion No
1. The Meeting was called to order at 4:00 by Chairman Tim
Schlosser.
Members present: Roberta Longmire, E. J . Curry, John
Kinnee, Tim Schlosser, Jim Keyes, Torn Cundy, Torn Gorman
and George Knight. Joe Huddleston left due to illness.
Guests: Margaret Clapp, Yelm Chamber of Commerce; Dennis
Su, KCM; Robert Thorpe, Thorpe & Associates, Bob Beaupre,
Gramor Development. Deborah McAlexander, Ai Johnston and
Ted Foreid. Staff present: Shelly Badger, Jerry Prock,
Tim Peterson and Agnes Colombo,
Agenda additions/deletions:
Agenda Item #5 Rainier View Shopping Center was
withdrawn by the proponent.
93-09
Clarification of 1/25/93 Motion No. 93-02 indicated
that the Planning Commission's intent through the motion
was that no left into the McDonald's site be permitted
from Yelm Avenue until a 3rd/turn lane is added and that
the city engineer's recommendations be followed. The
Commission stated its preference would be to also not
permit left turns out of the site onto Yelm Avenue.
MOTION BY JOHN KINNEE, SECONDED BY ROBERTA LONGMIRE THAT
THE JANUARY 25, 1993 PLANNING COMMISSION MINUTES BE
APPROVED AS PRESENTED. MOTION CARRIED.
2.
The East "507" Zoning (ANX8042 tabled from the January
regular meeting) was tabled to the next regular meeting
on March 15, 1993. .s\O.~ f1li'\U/.- 1.--)..,1((,\:' (',ri'VU\;'C.
The Commission would like clarification from City Council
on squaring of annexation issues. Questioned is whether
squaring up of boundaries for individual annexations
should still be considered or if this policy should no
longer be considered by the Commission as annexations now
fall within Yelm's Urban Growth Boundary.
Commission members felt the proposed C-3 Low Traffic
Commercial Zone being requested for a portion of the
"507" annexation should be formally adopted through an
Ordinance of City Council prior to being recommended for
use by the Planning Commission.
3. prairie Creek Subdivision (SUB8079) Preliminary Plat.
The Planning Commission had recommended approval of the
plat with conditions applying to stub roads and meeting
city engineer's requirements. Members were given and
reviewed a copy of a letter to the developer (Leo
Deathrage) which addressed City requirements for the
YEUN PLANNING ~ISSION
FEBRUARY 22, 1993
PAGE 1
Agenda Item/
Motion No
development. Commission members stated their opposition
to granting access directly onto Middle Road from any of
the lots. Members felt that access to all lots,
including existing lots, should be through the
development access only.
4. Nisqually Plaza Site Plan (SPR8074) Continued Public
Hearing. The public hearing was opened at 4:20 p.m. by
Tim Schlosser. Shelly Badger explained that improvements
for the north side of the road will run from Clark Rd. to
Plaza Dr. Improvements being made were through the
combined efforts of all the property owners. Frontage
improvements will include a light at the existing exit
that will control traffic into and out of the Plaza and
from Vancil Rd. (similar to the light at Sixth and
Sleater-Kinney in Lacey) as well as the highway. Also
planned is channelization and a bike path along the
route.
Bob Beaupre, - Gramor Development, stated that Gramor and
Key Bank had reached an agreement about blending their
properties and Gramor's concept. He also stated that he
didn't believe that the Plaza should have to provide
space for a bus stop, which could result in the loss of
approximately 20 parking spaces. Discussion on the
matter with InterCity Transit is continuing at this
point. When questioned Beaupre said that at this time it
didn't look like Jayhawks would continue in the Plaza
that unresolved issues for both parties exist.
Deborah Mcalexander - submitted a letter requesting that
approval of the site plan include a requirement that the
roadway issue be resolved. Bob Beaupre stated that he
was working with and would continue to work with the
McAlexanders to resolve differences and improve access to
their property.
Shelly Badger pointed out that the Planning Commission
would be giving final approval of the site plan, it would
not go before the City Council. Any restrictions or
conditions imposed by the Commission would be enforced by
the Yelm Building Department.
John Kinnee questioned access from what are proposed fast
food pads. Bob Beaupre replied that while the conceptual
plans indicated this use, users had not been tied down
for the sites and that businesses other than fast food
could go onto the sites.
Jim Keyes sttated that he had no problems with the site
plan and that he did not favor attaching conditions. He
also felt the City's suggested requirement for
improvements on 103rd to the end of the Texaco property
was not objectionable.
YEUN PLANNING ~ISSION
FEBRUARY 22, 1993
PAGE 2
Agenda Iteml
Motion No
Public Hearing was closed at 4:40 p.m.
93-10
MOTION BY JIM KEYES, SECONDED BY TOM GORMAN RECOMMENDING
APPROVAL OF THE SUBMITTED SITE PLAN CONDITIONAL UPON
RESOLUTION OF THE MCALEXANDER AND GRAMOR JOINT DRIVEWAY
ISSUE AND THAT ABSOLUTELY NOTHING BE DONE ON THE PROPERTY
PRIOR TO RESOLVING THE ISSUE.
6.~J~~~ton -rrun~~t~house .Site Plan (SPR8083) publ~c
Hearlng. The PubllC Hearlng was opened at 4:45 by Tlm
Schlosser.
Shelly Badger explained that the original, scaled down
version of this project, had been submitted to the City
in 1989. The project is before the Commission now
because it has increased in size.
Tom Gorman questioned using gravel instead of paving the
driveway. Discussion on the driveway indicated that an
existing mini-storage, within the city, has been allowed
to build additional units without being required to pave.
Members wanted staff to check the legali ty of: a)
requiring paving on this project considering that the
project was originally submitted in 1989 and, b)
requiring paving when an existing business is operating
without paving.
Members discussed frontage improvements and the possible
deferment of the requirement. Keyes stated that while
the City had deferred improvements in the past this
should be based solely on the needs of the City, not the
developer. When questioned Jerry Prock, Yelm Building
Inspector, stated that he had seen it done both ways.
Schlosser emphasized that it should be for the benefit of
the City.
Ai Johnston, project developer, felt that sidewalks could
wait due to the upcoming sewer project. Shelly Badger
explained that the sewer lines had a very small diameter
and should not be an issue. Tim Schlosser explained that
unless the City indicates to the Commission that they
want improvements deferred the Commission is inclined to
not allow deferments.
Al Johnston expressed his desire to begin the project as
soon as possible.
Public Hearing closed at 5:00.
93-11
MOTION BY TOM CUNDY, SECONDED BY JOHN KINNEE TO TABLE THE
ISSUE UNTIL THE MARCH 1, 1993 MEETING WHEN INFORMATION AS
TO THE LEGALITY OF QUESTIONS RAISED CAN BE CLARIFIED BY
CITY STAFF. MOTION CARRIED.
YEUN PlANNING COIUUSSION
FEBRUARY 22, 1993
PAGE 3
Agenda Item/
Motion No
93-13
7 .
Mini-Warehouse in Commercial Zone Public Hearing. Public
Hearing opened and closed. Commission members
reemphasized their concern about permitting the location
of mini-warehouse facilities in commercial zones. C-l was
intended more with pedestrian traffic in mind, not for
traffic oriented businesses.
8.
Southwest Yelm Annexation - Members discussed the minutes
from the February 1, 1993 Planning Commission Meting.
MOTION BY TO~ GORMAN, SECONDED BY GEORGE KNIGHT THAT
MINUTES OF FEBRUARY 1, 1993 BE APPROVED AS CORRECTED.
MOTION CARRIED.
CORRECTION: ISSUES TO BE RESOLVED CONDITIONAL TO
RECOMMENDATION OF APPROVAL OF THE SOUTHWEST YELM
ANNEXATION:
Waste water Rainier School District
Transportation Ground water supply
Concurrency Wetlands
POPQl~tioB.c~tim~tcB
PlaBB1Bg m1t1gat1oB
ISSUES NEEDING TO BE ADDRESSED AT SOME POINT, BUT NOT
INCLUDED AS CONDITIONS TO BE MET FOR APPROVAL
RECOMMENDATION:
population estimates
Storm water
Wildlife
Commercial element
Rural use buffers
Planning mitigation
Lifestyle impacts
Power lines
Rural use buffers
Historic structures,
etc.
Tim Schlosser asked for the feelings of the group. Torn
Gorman asked if the goal/intent/objectives addressed in
the Draft EIS were adequate?
Shelly Badger explained that the Draft Environmental
Impact Statement was for the annexation only. Issues
raised would be addressed by the City Council in the
final EIS, some issues wouldn't be known until the
actual platting phase of the project.
Dennis Su, KCM, and Robert Thorpe, Thorpe & Associates,
explained that the final EIS for Annexation would go to
the City Council for approval. If approved it then goes
to the Thurston Co. Boundary Review Board for approval.
Approval would be for annexation with the current 1
dwelling per 5 acre zoning. (This process would be
repeated at each stage of the development, i.e. zoning,
platting. )
Roberta Longmire questioned the Rainier School District
lssue.
Dennis Su pointed out that they (KCM) could choose to do
nothing, some cities are in more than one school
district, Lacey for example. It is also possible that
YEUN PLANNING ~ISSION
FEBRUARY 22, 1993
PAGE 4
Agenda Item/
Motion No
when developed residents could submit a petition to be in
the Yelm School District or, some land could be
exchanged/switched. KCM has been in contact with the
Rainier Superintendent and will be meeting with the
School Board. The goal is not to have the School
District invoke jurisdiction.
John Kinnee explained the funding issues raised when
children attend schools outside their district.
Petitioning is allowed by law, however, the district that
gains students doesn't get full funding benefit. Taxes
would continue to go to the district that the home is
physically located in.
Robert Thorpe, Thorpe & Associates, stated that in his
conversations with Rainier School District they have made
their position very clear, they will not give up any
land.
George Knight pointed out that there didn't appear to be
a way to be more objective at this point. Tim Schlosser
questioned if the Commission should indicate a preference
of one of the scenarios offered in the EIS.
93-14
MOTION BY GEORGE KNIGHT, SECONDED BY TOM GORMAN
RECOMMENDING COUNCIL APPROVAL OF THE SOUTHWEST YELM
ANNEXATION DRAFT ENVIRONMENTAL IMPACT STATEMENT
CONTINGENT UPON SATISFACTORILY ADDRESSING ISSUES RAISED
AND IDENTIFIED AT THE FEBRUARY 1, 1993 PLANNING
COMMISSION MEETING (SEE MOTION 93-12). MOTION CARRIED.
The meeting was adjourned at 6:00 p.m.
Submitted,
(JjrJlJ ;) (3/"" '-0
YEUN PlANNING CONMISSION
FEBRUARY 22, 1993
PAGE 5
MINUTES
YELM PLANNING COMMISSION
TUESDAY, MARCH 1, 1993, 4:00 PM
YELM CITY HALL COUNCIL CHAMBERS
Agenda Item/
Motion No
1. The Meeting was called to order at 4: 00 by Planning
Commission Chairman Tim Schlosser.
Members present: Roberta Longmire, E . J . Curry, John
Kinnee, Tim Schlosser, Joe Huddleston, Torn Cundy, Tom
Gorman and George Knight. Absent: Jim Keyes. Guests:
Ai Johnston. Staff present: Shelly Badger, Jerry Prock,
Tim Peterson and Agnes Colombo,
Agenda additions/deletions:
Agenda Item #5 - C-3 Commercial zonlng discussion was
added to the agenda.
Shelly Badger informed members that the final SWY
annexation EIS would be ready for review by March 15, and
that Council would begin the public hearing process at
the March 24 meeting and continue the hearing from
meeting to meeting until satisfied that all their
questions had been addressed.
93-15
MOTION BY JOE HUDDLESTON, SECONDED BY TOM GORMAN CHANGING
THE DATE OF THE NEXT REGULARLY SCHEDULED PLANNING
COMMISSION MEETING TO MARCH 22, 1993. MOTION CARRIED.
Changes to the February 22, 1993 minutes include:
1) Page 1, para. 1: Some [addition] Commission
members stated their opposition to granting access
directly onto Middle Road from any of the lots.
2) Motion 93-10: MOTION BY JIM KEYES, SECONDED BY TOM
GORMAN RECOMMENDING COUNCIL [deletion] APPROVAL OF
THE SUBMITTED SITE PLAN CONDITIONAL UPON RESOLUTION
OF THE MCALEXANDER AND GRAMOR JOINT DRIVEWAY ISSUE
AND THAT ABSOLUTELY NOTHING BE DONE ON THE PROPERTY
PRIOR TO RESOLVING THE ISSUE.
3) Motion 94-14: MOTION BY GEORGE KNIGHT, SECONDED BY
TOM GORMAN RECOMMENDING PRELIMINARY [addition]
COUNCIL APPROVAL OF THE SOUTHWEST YELM ANNEXATION
DRAFT ENVIRONMENTAL IMPACT STATEMENT CONTINGENT
UPON SATISFACTORILY ADDRESSING ISSUES RAISED AND
IDENTIFIED AT THE FEBRUARY 1, 1993 PLANNING
COMMISSION MEETING (SEE MOTION 93-12).
93-16
MOTION BY TOM GORMAN, SECONDED BY TOM CUNDY APPROVING THE
FEBRUARY 22, 1993 MINUTES AS CORRECTED. MOTION CARRIED.
2~Mi~i-W~~ehouse--SiteJ-~!~n (SPR8083) Public
Hearlng contlnued from~February_/22, 1993. Tim Schlosser
opened the public hearing at 4:10 p.m. Shelly Badger
briefed Commission members on the results of her recent
conversation with Yelm's attorney. The attorney
YEUN PlANNING COIUIISSION
IlARCH 1, 1993
PAGE 1
indicated that in light of other activity going on within
the City immediate compliance in meeting site
improvements should not be required. He recommended a
two-year deferral on paving and sidewalk installation.
He also pointed out that the City has a legal right to
set new requirements upon expiration of a permit. Shelly
Badger informed members that commercial and plat
ordinances needed to be brought up to date and that the
City should make a determination as to the future
development of Second Street prior to requiring site
improvements.
Discussion followed as to the situation(s) leading up to
the questioning of improvements being required. Badger
explained that the City doesn't have an ordinance in
place requiring site improvements when/if expansion
occurs. Existing ordinances require review of site plans
only if they exceeded the arbitrary size of 4,000 square
feet. Torn Gorman and Tim Schlosser agreed that all
projects should be subject to the same review and
requirements. Shelly Badger explained that in the past
the City had made decisions on an individual basis at
staff level and that the expected level of activity was
used to guide improvement requirements.
Torn Gorman expressed his feelings that every business
should recognize that expansion means bringing property
up to standards. Badger explained that improvements had
been required for buildings but that it had not been the
practice to do the same for site improvements.
Roberta Longmire felt very strongly that an ordinance was
needed to insure that the Planning Commission and
Building Dept. recommendations would not be overturned or
changed.
Shelly Badger said that staff would try to expedite
passage of commercial and subdivision ordinances.
Roberta Longmire told members that past policy had been
to use Lacey's ordinances when the City did not have one
of their own in place.
93-17
MOTION BY TOM GORMAN, SECONDED BY JOE HUDDLESTON
APPROVING THE JOHNSTON MINI-WAREHOUSE SITE PLAN (SPR8083)
AS PROPOSED WITH SIDEWALKS AND PAVING TO BE MADE WITHIN
TWO YEARS OF OCCUPANCY. MOTION CARRIED.
AYES - 4, NAYS - 2
Shelly Badger pointed out the importance of applying
these same standards evenly across the board until
ordinances are in place.
*
It was requested that the record show that Commission
members felt a definite need for an ordinance addressing
the lssue of standards and that the standards, both
interim and final, be applied evenly across the board.
YEUN PlANNING ~ISSION
MRCH 1, 1993
PAGE 2
3. Brown Annexation Boundary - Discussion. Shelly Badger
passed along Council's request for input and guidance on
this 10% annexation petition. She explained that what
had been happening is that Council has been approving
annexation areas as part of a petitioner's 10% initial
annexation petition. When the proponent had completed
gathering required signatures the annexation went to the
Planning Commission where recommendations have recently
been made to change boundaries. Council, not wishing to
delay applicants or have them lose their 60% approval by
the additional burden of gathering signatures to square
up boundaries, had not acted on Commission
recommendations.
Following discussion members felt that the annexation
area outlined in red (on the map) formed a reasonable
boundary.
Some members expressed feeling a need for Council
direction pertaining to the application of established
policies requiring squared boundaries. Members felt that
if Council's position had changed, approving any
annexation that falls within the Urban Growth Boundary,
that Council should advise the Planning Commission of
that change.
4. Councilmembers noted receipt of a letter from Ken Garmann
expressing interest in serving on the Planning
Commission. No vacancies exist at this time.
5. Members reviewed the proposed C-3 zone. Discussion
showed several flaws including limiting hardware sales at
lumber yards to 1000 square feet and questioned what
would be accomplished by adoption of this new zone.
Staff was asked to prepare a comparison table of uses
permitted in existing and proposed commercial zones.
The meeting was adjourned at 5:10 p.m.
Submitted,
{/;lJbJ ;iJ (lJ;hM
YEUN PlANNING COIUUSSION
IlARCH 1, 1993
PAGE 3
Alfred & Lillian Johnston
Yelm Mini Storage
Second Street
Yelm, WA.
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CITY IMPROVEMENTS NOT ACCOMPLISHED
1. Gravel yard area and lay down 2 inches of asphalt paving,to
include entrance and exit areas (This is a City requirement set
forth at a City Planning Meeting in February, 1993)
2. Install a sidewalk full length of the street frontage and land-
scape the area between the sidewalk and building (Required by the
first City Permit issued for construction)
3. Install rain water drain system for south side of building. The
north side has been done (A City Permit requirement)
4 Remove the large pile of over-burden from the building slab
excavation. This must be done to accommodate the asphalt paving
(A construction problem)
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Yelrn leleohone
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Communications for today &. tomorrow
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February 17,1993
Department of commnunity Development
PO Box 479
Yelm WA. 98597
RE:Johnston Mini-Warehouse site plan
Determination of Nonsignificance
Dear Mr. stamm:
After reviewing the above mentioned project we have no objection
to continued processing of the above mentioned project.
If you have further questions or desire further information please
feel free to contact me at (206) 458-5343.
7J:ere1IJL
wal~! Purdun
Faciii~es Engineer
105 Second Street S.E. 0 PO. Box 593
Yelm, WA 0 98597 0 (206) 458-2171
A subsidiary of COMERCo, INC 1t
100% Recycled Paper
City of YellD
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
206-458-3244
January 20, 1993
To: Yelm Planning Commission
From: Todd stamm, City Planner
I
Subject: Mini-warehouse zoning
The City Council has directed consideration of zoning for mini-
warehouses in the C-l zone. Issues identified by the city staff
(thus far) for consideration by the Planning Commission:
(1) Should provisions for mini-warehouses be considered in C-1 and
CBn zone, or only C-1 zone? (Already allowed in C-2 and
contemplated for C-3 zone )
(2) What process should be used for drafting this change?
Schedule for next Commission work session?
NOTICE OF PUBLIC HEARING
JOHNSTON MINI-WAREHOUSE SITE PLAN
DETERMINATION OF NONSIGNIFICANCE
The Yelm Planning Commission will hold a public hearing at 4.00
p m on Monday, February 22, 1993, to receive comments on a
request from Al Johnston to construct an 8,000 square foot mlni-
warehouse with manager's residence at 407 SE 2nd Street in Yelm,
Washington (Application #8083) This parcel is located in the
southwest quarter of the southwest quarter of section 19,
Town ship 17 North, Range 2 East W M Additional information and
a copy of the proposed site plan may be obtained by contacting
Todd Stamm, City Planner, at Yelm City Hall, (206) 458-3244
The hearing will be held at Yelm City Hall, 105 Yelm Avenue W ,
Yelm, Washington All interested parties are invited to attend
Written comments should be directed to the Yelm Planning
Commission and may be mailed to POBox 479, Yelm, WA 98597 or
delivered to City Hall Written comments must be received prior
to the hearing to be considered by the Commission The
Commission's decision will be final
The City of Yelm as lead agency for this proposal has determined
that this proposal does not have a probable significant adverse
impact on the environment An environmental impact statement
(EIS) is not required under RCW 43 21C 030(2)(c) This decision
was made after review of a completed environmental checklist and
other information on file with the lead agency This information
is available to the public on request There is no comment
period for this DNS
You may appeal this determination to the Yelm City Council at the
address above by submitting a written appeal no later than 5 00
pm, Monday, Februrary 22 You should be prepared to make
specific factual objections Contact Shelly Badger City Clerk,
to learn more about the procedures for SEPA appeals This DNS is
not a permit and does not by itself constitute project approval
DNS Issued.
:2./ ;1
I
, 1993
Attest:
DNS Issued By:
Agnes Colombo
City Clerk
~/-0
Todd stamm
City Planner
DO NOT PUBLISH BELOW THIS LINE
~:;~~
Uclb
.2/;1 , ~93 /tcJ/ltJ-.
, 1993 (.!fJI ~
~ 1 / / 1993 @
-------------------------------------
Published: Nisqually Valley News, Thursday,
Posted in Three Places and at Site: rlb//I
Mailed to property owners within 300 feet:
Mai led to agencies. c2.jll 1993 ~
DID YOUR NEIGHBORS RECEIVE THIS NOTICE? PLEASE PASS THE WORD ALONG
City of Yelm
YELM
, WASHINGTON
105 Y,elm Avenue West
POBox 479
Yelm, WaShington 98597
(206) 458-3244
NOTICE OF PUBLIC HEARING
MINI-WAREHOUSE ZONING
,.
The Yelm Plannin~ Cqmmi$sion will hold a public nearing at 4:00
p m on Mqnday, February 22, 1993, to receive comments the
appropr i ate class if i ca ti on of m in i """warehous.es as perm i tted,
conditionally permitted, or ~rohibited uses in,the Commercial CC-'
1) <;lnd Heavy Commercial .(C...,.2} zones of the city Additional
~nformation regarding this proposal ind alternatives may ~e
obtained by contacting Todd~ Stamm, City Planner, at Yelm City
Hali, (206) 458-3244 .
The hear i ng wi 11 be held at Ye 1m CityHa 11, 1Q5 Ye 1m Avenl,le W ,
Ye 1 m, W'ash i ngton A 11 interested Par ties are i nV ited to at tend'
Written comments should be direct~d to ~he Yelm Planning
Commission and may be ~ailed to PO ?ox 479, Yelm WA 98597 or
de 1 i vered to City Ha 11 Wr it ten comments, must' be rece ived pr i or
to the hearing to be considered by the Commlssion The
Cbmmi'ssion's decision will be in the forlJl of a recommehdation to
the City Counc:; il
Notice Issued By:
T4f/~'
Todd Stamm
City Planner
. . .
---------------------------.----------
, ' '.,
DO ~OT ~UBLISH BELQW ~HIS LINE
Pup 1 i seed, N i squa 11 y Va 11 ey News" l:h,ursday" _ 2./;/ ,1993
MaHed to agencies . ~jl/ , 1993(jJ~
DID YOUR NEIGHBORS RECEIVE THIS No(iE?
PLEASE PASS THS WORD ALONG
Recl'c/ed paper
GENE BORGES
STEVE GILBERT
P .Zi.RAMETRIX
P.O. BOX 460
Su~NER WA 98390
I..ARRY KAAR
?UGET POWER & LIGr.~
P O. BOX 486
Y~LM WA 98597
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PLANNING COORDINAT:R
INTERCITY TRANSIT
P O. BOX 659
OLYMPIA WA 98507
GLENN DUN~AM
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ATTN
P.O.
TELEPHONE CO
GLENN MCCARTEN
BOX 593
WA 98597
If
THURSTON CO FIRE
ATTN BILL STEELE
P.O. BOX 777
YELM WA 98597
DEPT
YELM
WA ST DEPT OF TRANSP
DISTRICT 3 HEADQUARTERS
P.O. BOX 47440
OLYMPIA WA 98504-7440
:::\iVIRONMENTAI.. HEALTH DE?'='
ATTN PHIL BRINKER
2000 LAKERIDGE DR SW
CL!MPIA WA 98502
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9700 TIL~EY~Q~D
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3120 MARTIN WAY EAST
OLYMPIA WA 98506
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THURSTON CO PLANNING
2000 LAKERIDGE DR SW
OLYMPIA NA 9850=
ATTN JOHN SONNEN
THU~,ON CO -?Jt4~ION
2 000 LAKEF('T," L D K S W
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909 SLEATER KINNEY RD SE
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A Home-Owned Legal Newspaper in Thurston County
YELM, WASHINGTON 98597
AFFIDAVIT OF PUBLICATION
STATE OF WASHINGTON
County of Thurston
DR. Miller
, being first duly sworn on
oath deposes and says that she/he is the
of the Nisqually Valley News, a weekly newspaper That said newspa-
per is a legal newspaper and has been approved as a legal newspaper
by order of the superior court in the county in which it is published and
it is now and has been for more than six months prior to the date of the
publications hereinafter referred to, published in the English language
continually as a weekly newspaper in Thurston County, Washington, and
it is now and during all of said time was printed in an office maintained
at the aforesaid place of publication of said newspaper
Notice of Public
editor
93
19 , and ending on the
11 day of February , 19 93
both dates inclusive and that such newspaper was regularly distributed
to its subscribers during all of said period. That the full amount of the
NOTICE OF PUBLIC HEARING
MINI-W AREHOUSE ZONING
The Yelm Planning Commission will
hold a public hearing at 4.00 p.m. on
Monday, February 22, 1993, to receive
comments on the appropriate classifica-
tion of mini-warehouses as permitted,
conditionally permitted, or prohibited uses
in the Commercial (C-1 ) and Heavy Com-
mercial (C-2) zones of the city Additional
information regarding this proposal and
alternatives may be obtained by contact-
ing Todd Stamm, City Planner, at Yelm
City Hall, (206) 458-3244
The hearing will be held at Yelm City
Hall, 105 Yelm" Avenues"W ,,, Yelm
Washingt9n. Allj~~!ested .p~rti~,!l are in-
vited to attend. Written comments should
be directed to the Yelm Planning Com-
mission and may be directed to the Yelm
Planning Commission and may be mailed
to POBox 479, Yelm, WA 98597 or
delivered to city hall. Written comments
must be received prior to the hearing to
be considered by the Commission. The
Commission's decision will be in the form
of a recommendation to the City Council.
Notice Issued By.
Todd Stamm, City Planner
published in the Nisqually Valley News
Thursday, February 11, 1993
That the annexed is a true copy of
Hearing Mini-Warehouse Zoning
as it was published in regular issues (and not in supplement form) of said
newspaper once a week for a period of
1
consecutive weeks, commencing on the
11
day
of
February
24 00
fee charged for the foregoing publication is the sum of $
which amount has been paid in full.
br r? ( ~~-f/L~;r-
12
day of
19 93
Subscribed and sworn to before me this
February
,II
,\
>'1
,
residing at Yelm, Washington.
This form officially sanctioned by the
Washington Newspaper Publishers' Association
I, ,\,
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.....-.:...~ ~,. -~~~
A Home-Owned Legal Newspaper in 71turston County
YELM, WASHINGTON 98597
AFFIDAVIT OF PUBLICATION
consecutive weeks, commencing on the
11
day
NOTICE OF PUBLIC HEARING
JOHNSTON MINI-WAREHOUSE
SITE PLAN
DETERMINATION OF
NONSIGNIFICANCE i
The Yelm Planning Commission will \
hold a public hearing at 4 00 p.m. on
Monday, February 22, 1993, to receive
comments on a request from AJ Johnston
to construct an 8,000 square foot mini-
warehouse with manager's residence at
407 SE 2nd Street in Yelm, Washington.
(Application No. 8083 ) This parcel is
located in the southwest quarter of the
southwest quarter of section 19,
Township 17 North, Range 2 East W.M.
Additional information and a copy of the
proposed site plan may be obtained by
contacting Todd Stamm, City Planner, at
Yelm City Hall, (206) 458-3244
The hearing will be held at Yelm City
Hall, 105 Yelm Avenue W, Yelm,
Washington. All interested parties are in-
vited to attend. Written comments should
be directed to the Yelm Planning Com-
mission and may be mailed to POBox
479, Yelm, WA 98597 or delivered to
city hall. Written comments must be
received prior to the hearing to be con-
sidered by the Commission. The Com-
mission's decision will be final.
The City of Yelm as lead agency for this
proposal has determined that this pro-
posal does not have a probable signifi-
cant adverse impact on the environment.
An evnironmental"impact statement (EIS)
is not required under RCW 43.21 C.030
(2)(c). This decision was made after
review of a completed environmental
checkflSt and other information on file with
the lead agency This information is
available to the public on request. There
is no comment period for this DNS
You may appeal this determination to
the Yelm City Council at the address
above by submitting a written appeal no
later that 5'00 p.m., Monday, February
22. You should be prepared to make
speCific factual objections. Contact
Agnes Colombo, City Cieri<, to learn more
about the procedures for SEPA appeals.
This DNS is not a permit and does not by
itself constitute project approval.
DNS Issued: February 9, 1993
Attest: Agnes Colombo, City Clerk
DNS Issued By'
Todd Stamm, City Planner
Published in the Nisqually Valley News
Thursday, February 11, 1993.
STATE OF WASHINGTON
County of Thurston
D R Miller
, being first duly sworn on
oath deposes and says that she/he is the editor
of the Nisqually Valley News, a weekly newspaper That said newspa-
per is a legal newspaper and has been approved as a legal newspaper
by order of the superior court in the county in which it is published and
it is now and has been for more than six months prior to the date of the
publications hereinafter referred to, published in the English language
continually as a weekly newspaper in Thurston County, Washington, and
it is now and during all of said time was printed in an office maintained
at the aforesaid place of publication of said newspaper
That the annexed is a true copy of Notice of Public
Hearing Johnst.on Mini-Warehouse Site Plan
as it was published in regular issues (and not in supplement form) of said
newspaper once a week for a period of
1
of
February
, 19
93
, and ending on the
11 day of February ,19 93
both dates inclusive and that such newspaper was regularly distributed
to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum of $ 46 50
which amount has been paid in full.
2>1'/)< ~(--(~J-
Subscribed and sworn to before me this 12 day of
February 19 93
\\\ :\11,
\ \ I) I
1-.
otary Public iry and for the State of Washington,
\
residing at Yelm, Washington.
This form officially sanctioned by the
Washington Newspaper Publishers' Association
GENE BORGES
STEVE GILBERT
P .lI.RAMETRIX
P.O. BOX 460
Su~NER WA 98390
':"ARRY KAAR
?UGET POWER & LIG~~
? 0 BOX 486
YELM WA 98597
l'H-1"UR~GN CO WU:sr.:-;" "'lORKS
;~'T'N,'~ - ::; TT'i~;~RNE;'-
___ _... .:..J__;l,;;J _ '-' .1.\
/' "
2000 ':"'-",K:2RIEiGE DR S"-j
./ "
() I;iMP I A W A %3 5 0 ::
C/ ~
D~OF ECOLOGY?
ENVi~~~T:([ ~EV;~~ SECT
ATTN DAR~~A R1TCn_~
MAIyS-TOP ?V~~
O}~PIA WA 9850~-a,~
M-~U~-- V'AN G~-D~-
".:.,--~.r:.L '1 / ,,{1. cr,
?LANN~NG COORDINA~SR
TNT'=' RC T7W /'T'R ~NS T'T'
-- ..... --;;<..-...... --
? O. BOX 6'5,9
OLYMB/IA WA~98507
L- '-.
GLENN DUN~AM v
l
Q~ \C ~J
'--1i\pY , \\ \ It
\ IJ.. (p
YELM TELEPHONE CO
ATTN GLENN MCCARTEN
P.O. BOX 593
YELl'1 WA 98597
THURSTON CO FIRE DEPT
ATTN BILL STEELE
POBOX 777
YELM WA 98597
WASHINGTON NATURAL GAS
ATTN CHUCK WILLI~'1S
3120 MARTIN WAY EAST
OLYMPIA WA 98506
DE~~RTMENT OF ECO.DJ6y
ATT~2AT LEE~
[vi c: '" U li:<
-i27~NWAT-EZ LN ..
SJ-XM P I A 'N A 9 8 5'0-4~.~_=1l1
~ /
THURS'TON CO PLANNING
" /'
2000 LAKe-RIDGE DR SW
OL YIv!/:::\'~ 02
~ JOHN SONNEN~
THURSTGN~O. C~~~NfCATION
2000 LAKE RID6E---Q.R SW
OLIMPIA/--WA 9850-2~
~
OAPCA
AT TN JAMES A. WILSON
909 SLEATER KINNEY RD SE
SUITE 1
LACEY WA 98503
WA ST DEPT OF TRANSP
DISTRICT 3 HEADQUARTERS
P.O. BOX 47440
OLYMPIA WA 98504-7440
2:'iVIRONMENTAL HEALTH OEP~
A~TN PHIL BRINKER
2000 LAKERIOGE DR SW
:~!~PIA WA 98502
. --~QU'A--Y -N - ~
\ _ ;) .-1. L _ 11 O.L.LtN T R T BE
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~:TN STE~E/C~AIG
? 0 BOx/f'o'-7~
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=.::., iF. HOUGHTON
!~~M COMMUNITY SCHOOLS
? 0 BOX 476
!~:M f iN p.. 9 8 5 9 7
" /
THURSTON~ /R0'AD OIVISIOt\
9700 TILLEY~ROAD
OLYMPL~WA 98~~2
/
GENE BORGES
STEVE GILBERT
PARAMETRIX
P.O. BOX 460
SUMNER WA 98390
LARRY KAAR
PUGET POWER & LIGHT
P.O. BOX 486
YELM WA 98597
THURSTON CO PUBLIC WORKS
ATTN BILL )'uRNER
2000 LAKE~IDGE DR SW
OLYMPIA/' WA''',98502
/
{
DEPT QF ECOLOGY
'. /
ENVIRONMENTAL REVIEW SECT.
" .'
ATTN BARBARA RITCHIE
MAIL STOP"P-.~ll
OLYMPIA WA ~8504-8711
MICHAEL VAN GR~6ER
" /
PLANNING COORDINATOR
, /
INTERCITY>(TRANSIT
P .0. BOX/65-,9
OLYMPIA ( WA """98507
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THURSTON CO FIRE
ATTN BILL STEELE
P.O. BOX 777
YELM WA 98597
DEPT
v~la~
P~ll
YELM
ATTN
P.O.
YELM
TELEPHONE CO
GLENN MCCARTEN
BOX 593
WA 98597
WASHINGTON NATURAL GAS
ATTN CHUCK WILLIAMS
3120 MARTIN WAY EAST
OLYMPIA WA 98506
DEPARTMENT OF ECOLOGY
ATTN PAT~E'
MS LU 11/'~
7272 CLEANWAT LN
OLYMPI-A WA 985.-6811
THURSTO~ CO P~ANNING
2000 LAKtR~D6E DR SW
OLYMPIA lA~~502
ATTN JOH~ SONNEN
THURSTON CO. COMMUNICATION
2000 LAKERIDGE DR SW
OLYMPIA WA 98502
l/~
YELM COMMUNITY SCHOOLS
P.O. BOX 476
YELM, WA 98597
OAPCA
ATTN JAMES A. WILSON
909 SLEATER-KINNEY RD SE
SUITE 1
LACEY WA 98503
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HA STATE
DISTRICT
P O. BOX
OLYMPIA
DEPT OF TRANSP
3 HEADQUARTERS
47440
WA 98504-7440
ENVIRONMENTAL HEALTH DEPT
ATTN PHIL BRINKER
2000 LAKERIDGE DR SW
OLYMPIA WA 98502
NISQUALLY INDIAN TRIBE
ATTN GEORGE' WALTER
4820 SHE7~~-NUM DR SE
OLYMPIA , WA~ 98503
NISQUALLY RI-VER COUNCIL
AT TN ST~YE' CRAIG
P . O. BOx/'~O 7 6
YELM, 'viA \98597
DAVE HOUGHTON
YELM COMMUNITY SCHOOLS
P.O. BOX 476
YELM, WA 98597
THURST.?N CO. ROAD DIVISION
9700 T~LLEY RO~
o LYMPXO2
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3ENE BORGES
STEVE GILBERT
PARAMETRIX
P.O. BOX 460
SUMNER WA 98390
LARRY KAAR
PUGET POWER & LIGHT
P.O. BOX 486
YELM WA 98597
THURSTON CO PUBLIC WORKS
ATTN BILL TURNER
2000 LAKERIDGE DR SW
OLYMPIA WA 98502
DEPT OF ECOLOGY
ENVIRONMENTAL REVIEW SECT.
AT TN BARBARA RITCHIE
MAIL STOP PV-11
OLYMPIA WA 98504-8711
MICHAEL VAN GELDER
PLANNING COORDINATOR
INTERCITY TRANSIT
P.O. BOX 659
OLYMPIA WA 98507
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GLENN DUNNAM
THURSTON CO FIRE
ATTN BILL STEELE
P.O. BOX 777
YELM WA 98597
DEPT
WASHINGTON NATURAL GAS
ATTN CHUCK WILLIAMS
3120 MARTIN WAY EAST
OLYMPIA WA 98506
DEPARTMENT OF ECOLOGY
ATTN PAT LEE
MS LU 11
7272 CLEANWATER LN
OLYMPIA WA 98504-6811
THURSTON CO PLANNING
2000 LAKERIDGE DR SW
OLYMPIA WA 98502
ATTN JOHN SONNEN
THURSTON CO. COMMUNICATION
2000 LAKERIDGE DR SW
OLYMPIA WA 98502
YELM COMMUNITY SCHOOLS
P.O. BOX 476
YELM, WA 98597
OAPCA
ATTN JAMES A. WILSON
909 SLEATER-KINNEY RD SE
SUITE 1
LACEY itJA 98503
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YELM
ATTN
P.O.
YELM
TELEPHONE CO
GLENN MCCARTEN
BOX 593
WA 98597
WA STATE
DISTRICT
P.O. BOX
OLYMPIA
DEPT OF TRANSP
3 HEADQUARTERS
47440
WA 98504-7440
ENVIRONMENTAL HEALTH DEPT
ATTN PHIL BRINKER
2000 LAKERIDGE DR SW
OLYMPIA WA 98502
NISQUALLY INDIAN TRIBE
ATTN GEORGE WALTER
4820 SHE-NA-NUM DR SE
OLYMPIA WA 98503
NISQUALLY RIVER COUNCIL
ATTN STEVE CRAIG
P . O. BOX 1076
YELM, WA 98597
DAVE HOUGHTON
YELM COMMUNITY SCHOOLS
P.O. BOX 476
YELM, WA 98597
THURSTON CO. ROAD DIVISION
9700 TILLEY ROAD
OLYMPIA WA 98502
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NEIGHBORHOOD PROPERTY OWNERSHIP REQUEST
Requested by
/J L /0 /-f#5 TN'"
(Name)
/J" )( / j 51 /. J,c: (../1
(Addr ess)
F i 1 e No
Map attached?
List Prepared By
Da t email ed
5'p1( go g]
Fee $50 plus $1/par~el ) 50
Date Rec'd" .2./.'143
Request Rec'd By /
Fee pa i d? tv-IJ-;v~~ Irr4Vr.JIF~
I
II
I
I
1
227/'I-]'7,Uoo JOh~SOV\ IfJID. 8 X r5~/, Ye-l J
I oY' f) c.a- +I\.~ Ie.. .' 98/tJ
~ 3.3 Of?o I :B/'6"h~ ur 10 MI'1 rl6 st. St"c.Af+teJ
. J30g-C,j ~+7{Jf5+at..02::1 PJ) I fSo)( ~ Y? 'IcOJ \fVL;
II II II
- J3()h~ 'I
-33//0C/ Bor~ ~ to/lC::-1 5"aVV\.~ ll~ db6/Je---l
-J3J20Ci I 1/' I II II I
I I I' ~ 30,", ea.-to f-J; {I J!.d SE,
'-33/J co L (~d Relt-h) ~~ hM q~1./ 5
3JiY~l.l ILu/~ ~V\.Vl.eS51i../()4 IE I23JLd 72 c:aMa
-] J/J J(} f'.:rY' u. .Krt'm I () nX I~'" t; 'I roj VVl !
J 3/.1tl/ L/oud ((eic.hrd 5aVV\p o. fL66lJ6 I
-:1 J20t?tJl (J/~Grr'.d6(U I~, . 8/))( 531 Ye( WI I
-332/t>{J 1J6 ne ,;J~)I:p1 ~l), {5tJX qf)g, VelVVl I
~ ffO/.O $erq c.f Nw
- 3323 M Afld. IJ i:Ja" 111 !a I <!1,-", 1-112 Y'b z> r} 41f !/35
. I , I "
MAILING ADDRESS
I
I TOTAL ASSESSED
VALUE (A/V)
I
I
I I
I TAX PARCEL I RECORD OWNER
II NUMBER OF PROPERTY
..s"JrE
~-;>
~
I
ALFRED JOHNSON
PO BOX 1541
YELM, WA 98597
CORP. CATHOLIC BISHOP
910 MARION ST
SEATTLE, WA 98104
YELM COMM. METH. CHURCH
PO BOX 448
YELM, WA 98597
LLOYD REICHEL
12306 BALD HILL RD SE
YELM, WA 98597
LYLE JENNESS
404 E 123rd
TACOMA, WA 98445
JERRY BRIMM
PO BOX 1408
YELM, WA 98597
LEOLA GREGORY
PO BOX 531
YELM, WA 98597
\I
JOANNE WOLF
PO BOX 928
YELM, WA 98597
ANDY HAAPALA
820 BERG CT NW
GIG HARBOR, WA 98335
! II
F i: 1 e No 5f?,ff - ootJ
Page --1.. 0 f (
~~--- --~-- ~-
, '
-~ ~~.---- ---------~----
CITY OF YELl\1
POBox 479
Yelm, WA 98597
458-3244
YELM
WASHINGTON
APPLICATION FOR
CONDITIONAL USE PERMIT
OR SITE PLAN REVIEW
Conditional Use Fee. $75.00
Site Plan Fee. $50/mobile home space, $25/condo unit,
$50 per 1000 sq ft. commercial floor area
$100 per 1000 sq ft industrial floor area
(Plus any professional service charges per Resolution 252)
5tPf} ApD I'Lrt Hu7'--
u '/Z--?lJ 93
c..up
Fee
Date Received
By
File No.
A conditional use permit is an approval of a land use having slightly greater or unique impacts compared to those of
the uses permitted as a matter of right by city zoning Site plan review is a process for reviewing the design of certain
types of development. Site plan approval is required for mobile home parks, duplexes, multi-family dwellings,
commercial and industrial uses, planned development districts and for all land uses within the central business district.
Each requires a hearing before either the Yelm Planning Commission or City Council
NAME OF PROJECT Y PJ ~lt1 fAIl '( fU I ~:Tl'bI2-~
APPLICANT ~ ~i) tt-~,r-7'~~ y E"LfWt..
Mailing Address . .0 &:J LS;. \
City, State and Zip t ~{ ~ W A- t tt.r.y-~~7
399"- ~z..t?~-
Telephone 4s-. - 0oU-
OWNER A-L ~~"u.r'~r-
Mailing Address ~~e
City, State and Zip
Telephone
ENGINEER/ARCHITECT/OTHER
Mailing Address
City, State and Zip
Telephone
SU;t:~o;;~UE5T ;;;m4? IH ~~::~~~ (~~1f#- ~ ~ i'iif'i=P-JI
PROPERTY DESCRIPTION
General Location . ~ 0 '1 :2 )JD ~
l / l!Jj 1M
Site Address J/lo( 2-fJC::!... V ~.J w, Land Area (acres) 9'/10 i.J.../ D (:;; -
Section /9 /7 AI , 2,E
Township Range
Assessor's Tax Parcel Number 2271 933.2toOC>
Full legal description of subject property (attach separate sheet if necessary)
PLEASE ANSWER THE FOllOWING QUESTIONS
ATTACH EXTRA PAGES IF NECESSARY
Does the design minimize conflicts with neighboring land uses? Explain. ,/ e-S
I
2. Is the site within 300 feet of any "critical areas" such as wetlands or streams? 'fJo
3. What provisions ~ill be made for stormwater and/or flood control? t) A.J C;; i \G" W lA--rG-t!..
?S , &~ 6D ..:::""N6.,t 0- c:t(.:'3
4 What provisions will be made for water supply ana sewage disposal? e... (; w V\--'=n;:-tZ
-=:fL 10 t='f..AJ $ C::frfl '- s 't c.\ 17:=7rf IS' / II! s r~LL e:V
5. What provisions will be made for electrical power, natural gas, telephone and other utilities? =-?<A.~ e...T
PAu.)~ tI-~ ~-:;, ~> PO%b-~ ~~ P (7Y f f//foPt7"
,f-s /hz-c IfV {L#. J:p S"' e- .
6. What provisions will be made for streets, access, and/or buses? N a fJ i;; ~Ck f1" -:bIZ!" I..k:;
U2.1hf ' JJ <;;7l+-L-L- r::=:rJ Ie> cJ:J 0 E5
7 What provisions, if any, will be made for open space and/or recreation?
i'JOAJ8
.
8. What provisions will be made for schools and school children? f.J t:1N e
ATTACHMENTS:
~ Environmental Checklist (including $50 fee)
DUst of Owners of Property within 300 feet (include Assessor's Tax Parcel Numbers)
o Vicinity map showing nearby property, streets, land uses, streams and other features.
o Copy of any covenants or restrictions that will apply
o Grading plan for cuts and fills over 100 cubic yards.
o Ten copies of Site Plan showing
~1 Datum, north arrow, date and scale
2. Boundaries of all lots and streets in relation to city limits, section lines or corners, plus existing and proposed
~ survey and elevation monuments.
3 Lakes, streams, wetlands, trees and other natural features.
4 Proposed zoning, use of each lot and any public or common areas.
5. Existing and proposed buildings and other structures.
6. Existing and proposed parking, streets, alleys, sidewalks, railroads and any associated rights-of-way
Wells and underground storage tanks.
8. On-site waste disposal systems and proposed sewer lines and tanks.
9 Location, size and any easements of existing and proposed street lighting, power, natural gas, television
and telephone lines, water mains, sewer, stormwater facilities and points of connection to existing systems.
10 Grade and curvature of streets to 300 feet from the plat.
11 Existing and proposed contours at two-foot intervals (or 5-foot if >5%)
A reduced size copy of the site plan not larger than 11"x17"
I affirm that all answers, statements and information above 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 agencies to enter upon and inspect said property as
reasonably necessary to proces i application I agree to pay all fees of the city which apply to this application
Signe
0-~~~
Date
CITY OF YELM
CITY USE
FEE:
DATE
ENVIRONMENTAL CHECKLIST
BY:
FILE
A BACKGROUND
1. Name of proposed project,
I~k $1//; g~/2~C./
2. Name of applicant: ;1~
if any: .
/#/hIIft#/LS /l7I/7dHlc-~7
~IIAtS7lJ,.v
3. Address and phone number of applicant and of any other contact
person: ,plOt Bo'( /~L/ ( Y'O/tI/,?tJ#. C)P.riT
~.s,'il-F/~c0 - ~ 99-92-~S-
4. Date checklist prepared: / / 17'/~ ~
5. Agency requesting checklist: y~l#I ~Ld;;t lJEJ1/;
6. Proposed timlng or schedule (lncluding phasing, if
applicable): S r/fP'LT /4J /hCtfJlar 2-U-J6",--c:-it:: ~ ef
&/)#;fY~/e, t-V,{t'/}J C/ ~dlU/tJ-
7. Do you have any plans for future additions, expansion, or
further activity related to or connected with this proposal?
If yes, explaln.
Ye'S. Jl-r /f .LA-;-E~ j)~ WE" #//f;' L:.-;Y;~P
8. List any environmental information you know about that has
been prepared, or will be prepared, directly related to this
proposal.
9. Do you know whether applications are pending for governmental
approvals of other proposals directly affecting the property
covered by your proposal? If yes, explain.
NtJ
10. List any government approvals or permits that will be needed
for your proposal, if known.
CITY OF YELM ENVIRONMENTAL CHECKLIST
forms\sepa
PAGE 1
11. Give brief, complete description of your proposal, including
the proposed uses and the size of the project and site. There
are several questions later in this checklist that ask you to
describe certain aspects of your proposal. You do not need to
re~eat those. answers on this page. ~/~ 0 f!JO#~.~~
/5 fr(J /ZPJ K I- Y j4cl2r::-. -r-i-e S '3 G 6 -r- S' Ut/l/~
IS (1-f3c;)fCf 9'600 tj @j tu/ttd 1t.e ff(J/f1lT4l#td
el 0 (?{2t~ ~ /I7/b\( ISa..> tj
12. Location of the proposal. Give sufficient information for a
person to understand the precise location of your proposed
project, including a street address, if any, and section,
township, and range, if known. If a proposal would occur over
a range of area, provide the range or boundaries of the
site( s) . Provide a legal description, site plan, vicinity
map, and topographic map, if reasonably available. You need
not duplicate maps or detailed plans submitted with any permit
applications related to this checklist.
,-/07 Sc ;2.-A./d sr yre~
B. ENVIRONMENTAL ELEMENTS
1.
Earth
a. ~~al description of the
~ rolling, hilly,
other
site (circle one):
steep slopes, mountainous,
c.
What is the steep;)8} slope on the site (approximate
percent slope)? ~ /"
What general types of soils are found on the site (for
example, clay, sand, gravel, peat, muck)? If you know the
classification of agricultural soils, specify them and
note any prime farmland. 5~f Ifa~ U/i/k 7LO*S
b.
d.
Are there surface indications or history of unstable
soils in the immediate vicinity? If so, describe.
/J ()r
CITY OF YELM ENVIRONMENTAL CHECKLIST
forms\sepa
PAGE 2
e. Describe the purpose, type, and approximate quantities of
any filling or grading proposed. Indicate source of
fill. !J41;JtJ~ btfl~{J;p(V~ (Zo~ t;rJLtwfO~U:),() et BA-ek ~/(
~ I(' '])(LI,U~ -- w~5
f.
Could erosion occur
construction, or use?
k)o
as a result of clearlng,
If so, generally describe.
g. About what percent of the site will be covered with
impervious surfaces after project construction such as
asphalt or buildings? A pfl6^- 20 %
h. Proposed measures to reduce or control erOSlon, or other
impacts to the earth, if any:
2.
Air
a.
What types-of emissions to the alr would result from the
proposal (i. e. , dust, automobile exhaust, odors,
industrial wood smoke) during construction and when the
project is completed? If any, generally describe and
give approximate quantities if known.
"So t--J G""
b. Are there any off-site sources of emissions or odor that
may affect your proposal? If so, generally describe.
tJo
c. Proposed measures to reduce or control emissions or other
impacts to air, if any:
}J()jV,:
3. Water
a. Surface Water
1) Is there any surface water body or wetland on or in the
immediate vicinity of the site (including year-round and
seasonal streams , saltwater, lakes, ponds) ? If yes,
describe type and provide names. State what stream or
river it flows into?
Nt)
CITY O~ YELM ENVIRONMENTAL CHECKLIST
forms\sepa
PAGE 3
2) will the project require any work over, in, or adjacent
to (within 300 feet) the described waters? If yes,
please describe and attach available plans.
r,JO
3) Estlmate the amount of fill and dredge material that
would be placed in or removed from surface water or
wetlands and indicate the area of the site that would be
affected. Indicate the source of fill material.
(VVt-
4) will the proposal require surface water withdrawals or
diversions? Give general description, purpose, and
approximate quantities if known.
~
5) Does the proposal lie within a 100-year floodplain? If
so, note elevation on the site plan.
"1)0
2. \3 b'-o fLQ(.) IItt
proposal involve
to surface waters?
anticipated volume
''A-p f (biJ ~
any discharges of waste
If so, describe the type of
of discharge.
'3ep.ttJ~ S "IS t'lzpA.
6)
Does the
materlals
waste and
b. Groundwater:
1) will groundwater be withdrawn, or will water be
discharged to groundwater? Give general description,
purpose, and approximate quantities if known.
No
2) Describe the underlying aquifer with regard to quality
and quantity, sensitivity, protection, recharge areas,
etc.
3) Describe waste material that will be discharged into or
onto the ground from septic tanks or other sources, if
any (such as domestic sewage; industrial byproducts;
agrlcultural chemicals).
Do~ o-s{- 'L. 2 f3 e:- f) Jtp/ lOve) .;)"f fz c ..srI ktt-
CITY OF YELM ENVIRONMENTAL CHECKLIST
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PAGE 4
c. Water Runoff (including storm water):
1) Describe the sourc~ of runoff (including storm water) and
method of collection and disposal, if any (include
quantities, if known). Where will this water flow? will
this water flow into other waters? If so, describe.
'A-(2~~ '/A--g S()12fJ's w~tf::""1t l;)~L.L ~ ':> 10 ILlJIl W ~,(L
t,0\,{l '\3>/2"" L+-;'I-1v 1> L '=-p O}..J $; (,- ~
2) Could waste materials enter ground or surface waters? If
so, generally describe.
>0'0
d. Proposed measures to reduce or control surface, ground,
and runoff water impacts, if any:
4. Plants
a. Check or circle types of vegetation found on the slte:
deciduous tree: alder, maple, oak, aspen, other
evergreen tree: fir, cedar, pine, other
shrubs
x.. grasses
pasture
crops or grains
wet soil plants: cattail, buttercup, bulrush,
skunk cabbage, other
water plants: water lily, eelgrass, milfoil, other
other types of vegetation
b.
What kind and amount of vegetation will be removed or
altered? 41#Jr 4~~ wti( be (ZeI<<4t-4.dA
Bu.-t SolMe 5r1t~:f lPf1/ k /~W I/J
He 't"ru>;vt 2..0' 4 fr/-o.~ {=:-IWC L",~
List threatened or endangered species known to be on or
near the site.
c.
-
d. Proposed landscaping, use of native plants, or other
measures to preserve or enhance vegetation on the site,
if any:
S e.:e- 13 t't
5 . Animals
a. Circle any birds and animals which have been observed on
or near the site or are known to be on or near the site:
birds: hawk, heron, ducks, eagle, songbirds,
other:
mammals: deer, bear, elk, beaver, other:
fish: bass, salmon, trout, shellfish, other:
CITY OF YELM ENVIRONMENTAL CHECKLIST
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PAGE 5
b. List any priority, threatened or endangered species known
to be on or near the site.
'-- ~~
c. Is the site part of a migration route? If so, explain.
JP
d. Proposed measures to preserve or enhance wildlife, if
any: 0
jJDr~
6.
Energy and Natural Resources~
a. What kinds of energy ( lectri , natural ~ gasoline,
heating oil, wood, sola .) will be u~to meet the
completed project's energy needs? Describe whether it
wilL be used for heating, manufacturing, transportation,
etc. GL l:=-c- t-fL( <::- tt tEvtf-5
b.
Would your project affect the potential use
energy by adjacent properties? If so,
describe. U0 0
of solar
generally
c. What kinds of energy conservation features are included
in the plans of this proposal? List other proposed
measures to reduce QrtrControl energy impacts, if any:
r-P ~ft;;t-tPttJf- Lv t. /1le €- 1- t::.- jJ e-fU(i eo {)c--:5'
7. Environmental Health
a. Are there any environmental health hazards, including
exposure to toxic chemicals, risk of fire and explosion,
spills, of hazardous waste, that could occur as a result
of this proposal? If so, describe.
Nu
1) Describe special emergency services that might be
required.
N0Y~
2) Proposed measures to reduce or control environmental
health hazards, if any:
tJU~<R-
b. Noise
1) What types of noise exist In the area whlch may affect
your project (for example: trafflc, equipment operation,
other)?
N U 1..i"L.
CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 6
forms\sepa
2) What types and levels of noise would be created by or
associated with the project on a short-term or a long-
term basis (for example: traffic, construction,
operation, other)? Indicate what hours noise would corne
from the site.
fJb~
3) Proposed measures to reduce or control noise impacts, if
any:
NO ,.." JL
8.
Land
a.
and Shoreline Use ~
What is the current use of the site and adjacent
properties? Vt1-evi-w'i-.- S~fJlt~ J1-rt-\7)1- 1v fZ:-e /Ht.. -
"3 - HciA.-$ I::-S ~jJ e01M-~rqM Lvn->c:L "tt> f2..tPvLt.--t . .'
',\)\4--e.-~ L~ i-z> L4+ ~ ~t~ PJ+-R-lO/Uf ;kLvuS'.s- 51;
Has the site been used for mineral excavation,
agriculture or forestry? If so, describe.
b.
JVb
c. Describe any structures on the site.
jJJ '10..(L
d. will any structures be demolished? If so, what?
0.:;;>
e. What lS the current comprehensive plan designation of the
site? .
C c) vtA-- (Jt ~ V ( I tA--I
f. what is the current zoning classification of the site?
~\VLt<< .e-rLLt4-(
g. If applicable, what is the current shoreline master
program designation of the site?
-;Ut4
h. Has any part of the site been classified as a "natural
resource", "critical" or "environmentally sensitive"
area? If so, specify.
j\J::J
1. Approximately how many people would reside or work in the
cornp~ted project1
j. Approximately how many people would the completed project
displace?
!J-oyfl-
k. Proposed measures to avold or reduce d1splacement
impacts, if any:
)J\ ~~
CITY OF YELM ENVIRONMENTAL CHECKLIST PAGE 7
forms\sepa
1. Proposed measures to ensure the proposal is compatible
with existing and projected land uses and plans, 1f any:
fJVo.t-' Jl.
9. Housing
a. Approximately how many units would be provided, if any?
Indicate whether high, middle, or low-income housing.
D pt? - +0 y<-. VVti(A-pff'tcLlL
b. Approximately how many units, if any, would be
eliminated? Indicate whether high, middle, or low-income
housing.
-0 -
c. Proposed measures to reduce or control housing impacts,
if any:
~l> f../~
10. Aesthetics
a. What is the tallest height of any proposed structure(s),
not including antennas; what is the principal exterior
building material (s) proposed? 2C4 (
b.
What views in the immediate vicinity would be altered or
obstructed?
N !;}..J~
c.
Proposed measures to reduce or control aesthetic impacts,
if any:
jJ ~yv-'<-
11. Light and Glare
a. What type of light or glare will the proposal produce?
What time of day would it mainly occur?
~htJ~V\--1
b. Could light or glare from the finished project be a
safety hazard or interfere with views?
,v-d)
CITY OF YELM ENVIRONMENTAL CHECKLIST
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PAGE 8
c. What existing off-site sources of light or glare may
affect your proposal?
)Jo-lJ ~
d. Proposed measures to reduce or control light and glare
impacts, if any:
No vJIL
12. Recreation
a.
What designated and informal recreational opportunities
are in the immediate vicinity?
UOyJL
Woulo- the proposed project displace any existing
rec15~tional uses? If so, describe.
proposed measures to reduce or control impacts or provide
recreation opportunities:
b.
c.
'jJ 0 'jJ e-
13. Historic and Cultural Preservation
a. Are there any places or objects listed on, or proposed
for, national, state, or local preservation registers
known to be on or next to the site? If so, generally
describe.
/Vb
b. Generally describe any landmarks or evidence of historic,
archeological, scientific, or cultural importance known
to be on or next to the site.
)Jut'JL
c. Proposed measures to reduce or control impacts, if any:
1Ju 'UJ ~
14. Transportation
a. Identify sidewalks, trails, public streets and highways
serving the site, and describe proposed access to the
existing street system. Show on site plans, if any.
'}Ju 1'-1 e-
b. Is site currently served by public transit? By what
means? If not, what plans exist for transit service?
'lJb
;JDf..i fL
c. How many parking spaces would the completed project have?
How many would the project eliminate?
4-
0-
CITY OF YELM ENVIRONMENTAL CHECKLIST
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PAGE 9
d. will the proposal require any new sidewalks, trails,
roads or streets, or improvements to existing sidewalks,
tralls, roads or streets, not including driveways? If
so, generally describe (indicate whether public or
private). }.JD
e. will the project use (or occur in the immediate vicinity
of) water, rail, or air transportation? If so, generally
describe. yJ J>
f.
How many vehicular trips
the completed project?
volumes would occur.
S-
per day would be generated by
If known, lndicate when peak
g. Proposed measures to reduce or control transportation
impacts, if any:
(jjo/J-'2-
15.
Public Services
a. Would the project result in
services (for example:
protection, health care,
generally describe:
JVH ().J vtwt{;--'I
an increased need for public
fire protection, police
schools, other)? If so,
b. Proposed measures to reduce or control direct impacts on
public services, if any.
JJo1J~
16.
a.
b. Describe the utili ties that are proposed for the proj ect,
the utility providing the service, and the general
construction activities on the site or in the immediate
vicinity which mi~ht be needed. ~ ,_ I
5..ept-,'c "'5 'f,f1-I!?Jl.1 W / IV rt-l1-I!~
C. SIGNATURE
The above answers are true and complete to the best of my
knowledge. I understand that the C' of is relying on
them to make
Slgnature:
Date Submitted:
CITY OF YELM ENVIRONMENTAL CHECKLIST
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PAGE 10
SUPPLEMENTAL ENVIRONMENTAL CHECKLIST FOR NONPROJECT ACTIONS
(Do not use this sheet for proJect actions.)
When answering these questions I be aware of the extent of the
proposal, or the types of activities likely to result from the
proposal, would affect the item at a greater intensity or at a
faster rate than if the proposal were not implemented. Respond
briefly and in general terms.
1. How would the proposal be llkely to increase discharge to
water; emissions to air; production I storage, or release of
toxic or hazardous substances; or production of noise?
Proposed measures to avoid or reduce such 1ncreases are:
2. How would the proposal be likely to affect plantsl animals,
fish, or marine life?
Proposed measures to protect or conserve plants I animals,
fish, or marine life are:
3. How would the proposal be likely to deplete energy or natural
resources?
Proposed measures to protect or conserve energy and natural
resources are:
4. How would the proposal be likely to use or affect critical or
environmentally sensitive areas or areas designated (or
eligible or under study) for governmental protection, such as
parks, wilderness, wild and scenic rivers, threatened or
endangered species habitat, historic or cultural sites,
wetlands, floodplains, or natural resource areas?
CITY OF YELM ENVIRONMENTAL CHECKLIST
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PAGE 11
Proposed measures to protect such resources or to avoid or
reduce impacts are:
5. How would the proposal be likely to affect land and shoreline
use, including whether it would allow or encourage land or
shorel1ne uses incompatible with existing plans?
Proposed measures to avoid or reduce shoreline and land use
impacts are:
6. How would the proposal be likely to increase demands on
transportation or public services and utilitles?
Proposed measures to reduce or respond to such demand(s) are:
7. Identify, if possible, whether the proposal may conflict with
local, state, or federal laws or requirements for the
protection of the environment.
CITY OF YELM ENVIRONMENTAL CHECKLIST
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PAGE 12
LEGAL DESCRIPTION
Order No. 76669
That part of the Southwest quarter of the Southwest quarter_of
section 19, Township 17 North, Range 2 East, W.M., described
as follows:
Commencing at ,the Southeasterly corner of Block 3 in McKenzie's
Second Addition to Yelm, as recorded in Volume 8 of Plats,
page ~04; thence South 370 34' West 170 feet along the Northerly
line of Second Street extended to the true point of beginning;
thence South 370 34' West 130 feet; thence North 520 26'West
250 feet; thence North 370 34' East 130 feet~ thence South_520 26'
East 250 feet to the true point of beginning.
In Thurston County, Washington.
~_ ~____~.__---=-o~__-
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534 \~(Il
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I $ 5CJ o-1J
LILLIAN M JOHNSTON
pOBOX 1541 458-4600
YELM, WA 98597
PRAiRiE 5ECURlTY BANK
608 YEW AVENUE EAST
YEW. WASHINGTON 98597
(206) 458-BANK
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CITY OF YELM TREASURER'S RECEIPT
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