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January 23, 1995 TO Paul Stedman and Mark Carpenter FROM Mark R. Cook ~ RE. NISQUALLY ESTATES Please ask the followmg questions in tomorrow's meetmg with the City of Yelm: What is the existing fire flow at the nearest connection upstream of Nisqually Estates? .., 2. Who will be the design lead m utilities both up to and past the plat of Nisqually Estates? 3 Can the open space be dedicated to Thurston County Parks and still be used as open space for the /1 -' r~ j plat? O~ tLy - "f'v6 ft-6h l~ ~ ,'t h 1""1\\ ~ " 'O/o--e "VIII ~eom-l"'r "- Will the city be the lead on the access rel\U1rel'gents for Nisqually Estates? I ~} 11I II I c.../ ~ A4 '5 J t.( , I ~ .J t; !,,,M 0 Irt , 1h V ' ~ ~ f'l)' Is wetland enhancement acceptable mitig,ation for a reduced buffer width?, (Follow topoWaphlc line k.. for buffer). M ~l t ~Lti( i WIll ~t.t ~,i ~ <t "- M~ c.kLr N41' ~ , 4 5 6 I/o. Y e,1!::, _,___~_ r:4ft ;;trn j.,.,J~. N/-J ~ ~ JA/'f'd -S I 7 8. Dramage design standards and storm design events (rainfall amounts). a.1l CtMJ l c:h ~ (...U.v.-+ (-e,. X d \rY\ f.l\o......" []..-t. tl.~ t. (~l (Gk ztv-"k1 <~cpJ 1" .f-' ,- ~ v -;. I.::J \.\ '-..<t:) /. ,.-. fj.. 0.....' i" -' ' --- j ~.-~.--,-,-,. _.:......_.~'"._._.. ,_.._.. /_ ._.__~ ._,..._"~''>__,,_L CITY OF YELM ORDINANCE NO. 544 AN ORDINANCE AMENDING THE YELM ZONING ORDINANCE MAP BY CHANGING A FIFTEEN ACRE PARCEL LOCATED ALONG SR 507, JUST SOUTH OF THE SOUTHWEST YELM ANNEXATION BOUNDARY FROM RESIDENTIAL AGRICULTURAL TO SINGLE-FAMILY RESIDENTIAL ZONING (R-l.) WHEREAS, the Yelm Planning Commission has held a public hearing regarding this proposal as described in file ZON 8105, and WHEREAS, the City Council finds that the site of the proposed single family residential zone is feasible and appropriate for said property, NOW THEREFORE, the City Council of the City of Yelm does ordain as follows: Section 1. That the Yelm Zoning Map and Yelm Comprehenslve Plan shall be and are hereby amended accordingly to reflect the zone change designation to R-1 of the following described property in the City of Yelm, Thurston County, Washington: PARCEL A: THAT PORTION OF THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION, THEN NORTH 89045'40" EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 213.00 FEET, THENCE SOUTH 0025'05" EAST 582.10 FEET, THENCE SOUTH 81046' EAST 773.07 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF NORTHERN PACIFIC RAILROAD, THENCE SOUTH 50034' WEST ALONG SAID RIGHT OF WAY 1138.07 FEET, THENCE NORTH 9024' WEST 591.71 FEET, THENCE NORTH 0025'05" WEST 831.61 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY RAILROAD RIGHT OF WAY IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION. PARCEL B: THAT PORTION OF THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 1 EAST, W .M. , DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 25, THENCE NORTH 89045' 40" EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 213.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG THE SAME COURSE 303.37 FEET, THENCE SOUTH 0025'05" EAST 277 FEET, THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF SECTION 25, 213.37 FEET, THENCE SOUTH 0025'05" EAST TO THE CENTER LINE OF THAT RIGHT OF WAY EASEMENT WITH A COURSE BEARING CITY OF YELM ORD 544 (ZON 8105) PAGE 1 ,..; L .2.366 F ;:se: :35~3 ~G: S 51-3 1 1 SO 1 4 -;-' NORTH 81046' WEST. THENCE WESTERLY ALONG SAID LAST 582.10 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: AN EASEMENT FOR DRIVEWAY PURPOSES OVER AND ACROSS THE SOUTHWESTERLY 10 FEET OF THAT PORTION OF THE NORTH ONE HALF OF THE NORTHEAST ONE QUARTER OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 213 FEET NORTH 89045'40" EAST OF ITS NORTHWEST CORNER; THENCE SOUTH 0025'05" EAST 582.10 FEET; THENCE SOUTH 81046' EAST 773.07 FEET MORE OR LESS, TO THE NORTHWESTERLY RIGHT-OF-WAY OF THE BURLINGTON NORTHERN RAILROAD, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTHEASTERLY ALONG SAID RAILROAD RIGHT- OF-WAY TO A POINT ON SAID RIGHT-OF-WAY WHICH IS 150 FEET SOUTHWESTERLY OF THE INTERSECTION OF SAID RIGHT OF WAY WITH THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE RUNNING NORTHWESTERLY AT RIGHT ANGLES TO SAID RAILROAD RIGHT OF WAY 122.31 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID NORTHEAST QUARTER, THENCE SOUTH 89045'40" WEST ALONG SAID NORTH LINE 1,123.77 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER WHICH IS NORTH 89045'40" EAST A DISTANCE OF 516.37 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0025 ' 05" EAST 2 7 7 FEET; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER 213.37 FEET; THENCE SOUTH 0025'05" EAST TO A POINT WHICH IS NORTH 81046' WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 81046' EAST, 680 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING IN THURSTON COUNTY, WASHINGTON. Section 2. 24, 1995, being publication. This Ordinance shall be effective on January a date not less than five days following '((~ fl71f4 Ka hryn M. Wolf, Mayor T~-Ljr;l:; - J~ .:iJUr ;:' _ ~ :'1F:;; ~ ,;.tM :;..s.:. .;.~ _:: 1 ;..; Fr' -.E:~UE; - :F J :: I"'f ::i=" ~.=iil :. F.e~I:'! HUDITCF ATTEST: LIOJ;Y1d~ s P. Colombo, City Clerk _:",; :E:E21 IE: :iE;:tU7Ti 5::' . ~j~_ iJF~:':: : PASSED AND APPROVED: January 11, 1995 PUBLISHED: Nisqually Valley News, January 19, 1995. CITY OF YELM ORD 544 (ZON 8105) PAGE 2 l~.i. 2:3t:6 r23e: :35 1 -: l 1;. -Jo: 5< 50 1 1 90 1 4 -;-" .:: ...... . ----.....'.. v . . ....-- ----------.....--. ----.--...;:.-".-. -.------ --.------..;. -....----.--. .....,': ~ ,. " ..;.. :."1..~ ;:.:.~::-.~-=-r.;.;.:;:--F:~;"~fJ:':'> /'~ 1lQ\)'- 1)0 NoT R~R.D -rHIS PJt€lE:! :" ~ :::.::-.: ~:::=:'>-,i (- ~ _. :) j-.7;--..... :~-, _...~.----_.- ~..... .,. '- ._..l .,.. -, SEC. ....--.-. / / r-=~ r-:I--l ~ ......-- -- . 1 25, W M. G;;;> (j) c-2> to I .:. to 11 ;"-.:f": ~....... ':"'".. - .~..:-:....~;' "j ;.~~4i} ,. :.,"ju....<.) ~ir~:" w ~ ;~~~~.'----=="'"'- .., ------.:::-;._--~-- -.:..~ -- -c~ .'::::2 '::!:: ~.~.~ I t=- :0 Z ~ ~ ........ ~ i .. " 1, 8 II ~ n\1l .:I A . ;"'.. "- i-'~:f;-.:'. ~..... " ! City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (206) 458-3244 January 11, 1995 ill: FRCM : RE: Mayor Wolf andr;elm City Councilmembers Shelly BadgerV'l''\(l),Ur Staff and PlanningOcommission recommended approval of the Carpenter rezone along Sr 507 from Residential Agriculture (RA 1-5) to Single Family Residential (R-l). ORDINANCE # ,5'"'4'1 In my absence, I would like to relay to you that the Yelm Planning Commission recomrended approval of the 15-acre Carpenter rezone request (ZON 8105) at their January 3, 1995 rreeting. The rezone request is consistent with adjacent land uses and consistent with the zoning designation in the draft Yelm Comprehens i ve Plan. They were also in receipt of the McNaughton correspondence and stated that the buffering issue would be discussed and decided upon when a future preliminary plat application is made for development. * R~cycled paper Pft:J- Memo To City of Yelm Planning Commission From Sherrill MacNaughton Re - Public hearing on rezone property adjacent to mine on Hwy 507 from Residential Agriculture. to Single family Residential (R. - 1); Although at this time the req:uest forzonir.gchange is in accordance with City's plan,. I would like my concerns and request to go on public record. My property is environmentally sensitive due to the wetlands and wildlife refuge and because of this must be protected and maintained as an estate. In order to protect the environment as well as the value of my property I am requesting a green belt buffer zone be considered essential to the future development of the rezoned property. Is -my understanding that a buffer zone between high density city zoning and my rural county zone density is common and completely justified. I look forward to working in cooperation with the planning commission and City Coundl to satisfy my needs and concerns as well as the needs for future development in Yelm.d Thank you. /~~r4~ City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (206) 458-3244 PUBLIC HEARINGS REZONE PROPERTY LOCATED IN RESIDENTIAL AGRICULTURE TO SINGLE FAMILY RESIDENTIAL (R-l) The City of Yelm Plannlng Commisslon and City Council will be holding public hearlngs to receive comment on a rezone of property along Highway 507, just South of the Southwest Yelm Annexation Boundary, from Residential Agriculture to Single Famlly Residentlal (R-1). The Planning Commission will hold a publlc hearing on January 3, 1995, at 4:00 p.m. in Yelm City Hall Council Chambers, located at 105 Yelm Ave. W., Yelm, WA. All interested parties are invlted to attend. written comments must be received prior to the hearing and can be mailed to the Yelm Plannlng Commission, PO Box 479, Yelm, WA 98597, or delivered to City Hall. The City Council will hold a public hearing on January 11, 1995, at 7:30 p.m. in Yelm City Hall Council Chambers, located at 105 Yelm Ave. W., Yelm, WA. All interested parties are invited to attend. written comment must be received prior to the hearlng and can be mailed to the City Council, PO Box 479, Yelm, WA 98597, or delivered to City Hall. If anyone has more questions regarding thls proposed rezone In the City or would like to see a map, please contact City Hall, at 458-8816. Publlshed in the Nisqually Valley News, Thursday, December 22, 1994. -------------------------------------------------------- DO NOT PUBLISH BE OW T IS LINE Published; Nisqually Valley News a '1. Mailed to adjacent pro~erslo..lrll I Posted in public areas C1W * ReC)'ckd paper I II I I I I I I " I ~ 'I I I " I I I " .. ORDINANCE NO. 516 AN ORDINANCE of the City of Yelm, Washington, amending City of Yelm Ordinances Nos. 445 and 449, enacted November, 1992, and Chapter 16.14 of the Yelm Municipal Code relating to the amendment for the dedication of requirements of open space and greenbelts. WHEREAS there exists in the City of Yelm a general and increasing need for parks, open spaces and recreational facilities to serve the expanding population of the City; WHEREAS, the need for parks, open space and recreational facilities is acute at the neighborhood level due to population increases from new subdivisions; WHEREAS, R.C.W. 58.17.110 requires that local governments make appropriate provision for the establishment of parks, open spaces and playgrounds at the time it considers approval of proposed subdivisions; WHEREAS, a system of requiring dedication or reservation of suitable land for neighborhood parks, open space and recreational facilities or payment of a fee-in-Iieu of such dedication or reservation, will equitably and directly address the need; WHEREAS, the establishment of park service areas, equivalentto the Sub-Areas identified in the Land Use Element of the City of Yelm's Comprehensive Plan, is necessary for the purpose of defining areas within which land and fees will be accepted and utilized in meeting neighborhood park, open space and recreational needs WHEREAS, the City currently has approximately 18 acres of parks and ball fields; WHEREAS, the City's population in 1992 was 1,374; WHEREAS, the existing level of service for parks in the City of Yelm is approximately 13 acres per 1000 population; WHEREAS, the City has determined that the level of service necessary to maintain an adequate supply of parks, open space and recreational lands is 5 acres per 1,000 population. WHEREAS, this level of service for parks will be satisfied, under the City's Capital facilities element of the Comprehensive Plan, with a combination of dedications and fees paid pursuant to this ordinance, and the grants and City funds identified in the Capital Facilities element; 1> Chaoter 16.14 PARKS AND OPEN SPACE Sections. 16.14.010 Scope and application. 16.14.020 Exceptions. 16.14.030 Definitions. 16.14 040 Open space requirements. 16.14.050 Open space qualifications. 16.14.060 Fee in lieu of open space dedication. 16.14.010 Scooe and apolication Except as set forth below, the requirements and standards of this chapter shall apply to each and every residential development as defined herein, including subdivisions, apartments, townhouses, site plans and mobile home parks; and, as deemed necessary by the responsible official to meet the purposes of this chapter, to each and every action subject to review by the city pursuant to the State Environmental Policy Act and Chapter 14.04 of the Yelm Municipal Code. (Ord 449(part). 1993, Ord. 445 ~ 1 (part). 1992) 16.14.020 Exceotions. The requirements and standards of this chapter do not apply to solely commercial or industrial development, including subdivisions, site plans and other developments which do not include residential dwelling units. (Ord 516, 1994; Ord. 449(part), 1993; Ord. 445 ~1(part), 1992). 16.14.030 Definitions. "Dwelling unit" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation for not more than one family; or any lot designated and intended for such use. "Net built area" means the developed area directly associated with dwellings, including all setbacks and yards. The net built area is calculated by subtracting any designed open space, public rights-of-way, public lands, commercial or industrial lots not to include dwelling units, and lands to be used exclusively for utilities, such as stormwater or sewage storage or treatment facilities, high voltage power lines, or natural gas transmission lines, from the total area to be platted or otherwise developed. "Open space" means an area of land or water designated and reserved primarily for uses which require minimal buildings and impermeable surfaces and which is supplemental and in addition to any setbacks, yard, streets, vehicular access or parking areas and similar areas ordinarily associated with residential development. "Open space" may include but is not limited to greenbelts, parks, athletic fields, recreation areas and trails, environmentally sensitive areas. -1- fll II )[j lIS ill If! ,w ill I- e ,Ii II ! I I I I ~ I I I I I I I I I I I I I I I I I I I I I "Qualified open space" means open space that has all of the attributes and characteristics set forth in Section 16.14.050 of this chapter. "Residential development" means any proposal to construct or install, or to subdivide land for the purpose of constructing or installing, any building for use and occupancy as a dwelling unit, not including, hotels, motels, recreational vehicle parks and similar developments intended solely for temporary or seasonal occupancy. (Ord. 516, 1994; Ord. 449(part), 1993; Ord 445 ~ 1 (part), 1992). 16.14.040 Ooen soace reauirements. A. All residential developments shall include, as a condition of approval, either the dedication of a portion of the site to be developed as qualified open space for public purposes, or the payment of a fee in lieu of dedication, or both, pursuant to this chapter. The applicant may either dedicate the land, or make payment of a fee-in-lieu thereof pursuant to this chapter. B. For purposes of all single-family residential developments, any dedication of open space pursuant to this chapter shall be in an amount equal to or greater than five percent (5%) of the net built area of the proposed development and shall be qualified open space as provided in Section 16.14.050 herein. For purposes of all multi-family residential developments and combined single-family and multi-family residential developments, any dedication of open space pursuant to this chapter shall be in an amount equal to or greater than ten percent (10%) of the net built area of the proposed development and shall be qualified open space as provided in Section 16.14.050 herein. C. The City may waive the dedication requirements of this chapter provided the applicant makes and adequate showing that the purposes of this chapter will be served by the creation of a private open space that otherwise meets the requirements of qualified open space. Under such circumstances, the City may, in its sole discretion, authorize the establishment of a private open space under appropriate terms and conditions. D. The City may also, in its sole discretion, allow both the imposition of a fee in lieu of dedication and the dedication of open space provided the city determines that the purposes of this chapter are served by allowing a combination of both. Under such circumstances, the fee in lieu of dedication shall be reduced proportionately with the amount of open space dedicated. (Ord. 516, 1994; Ord 449(part), 1993; Ord 445 ~ 1 (part), 1992). 16.14.050 Ooen soace aualifications. To qualify as open space for purposes of the chapter, all dedicated open space must have the following attributes and characteristics: -2- A. Use. Open space shall be dedicated for one or more of the following uses: (1) environmental interpretation or other education; (2) park, recreational land, or athletic fields; (3) off-road footpaths or bicycles trails; (4) any other use found by the City to further the purposes of this chapter. B. Impermeable surfaces. No more than five percent of any area dedicated as open space may be or become impermeable surfaces such as buildings, roads, disabled person access or parking spaces. Such limited impermeable surfaces are permitted only if they are associated with and enhance the designated use of the open space. C. Suitability. All areas dedicated as open space must be suitable for one or more of the uses described in subsection (A) above and be of such topographic, hydrologic, geologic and other physical characteristics so as to be, in the view of the City Engineer and Parks Department, suitable. Areas including aboveground utilities and stormwater retention facilities are hereby declared to be unsuitable, except to the extent such facilities are available for seasonal use and the City finds that the land is otherwise qualified open space. D. Siting. All open space lands must be located and sized to be suitable for their intended purpose. The City may deny approval of the dedication where proposed open spaces are so located or sized as to be unreasonably inefficient for the public or private owner to maintain or utilize, or which the City deems to be isolated by barriers or unreasonably remote by distance from the intended users or to be of no benefit to the residents of the proposed development or to the public. For purposes of this subsection, a proposed open space site is in an unreasonably inefficient location where it is less than one-quarter (1/4) of a mile from the nearest dedicated open space. E. Access. In order to serve the recreational needs of the public, at least seventy-five (75) percent of dedicated open space associated with each development must be accessible to either the general public or to all residents of the associated development. F. Ownership. The applicant shall warrant that he or she is dedicating full fee title to the open space free and clear of any all encumbrances. All documents associated with such dedication shall be subject to review and approval by the city. The city may require that any such documents be recorded as appropriate in the form of the document. -3- fJ I,J !\I~ 11- i!J in 11:rJ 11- !i_ 'I II :"'O!' 11'1 ! i ~. :rJ >I I, !I !f_ :1 ,. :Im I' I- II 1- (I \1 II I I I G. Notice. Notice of the dedication shall be provided by means appropriate to the intended use. Such notice shall include at minimum one posted sign and one form of public record of the dedication which can reasonably be expected to be revealed by a title abstract of the property. Such record may include a statement on the face of a recorded plat or recorded deed covenants and restrictions. I H. Off-site open space. The dedicated open space may be off-site and outside the proposed development, provided that the open space is qualified open space in all other respects, that the applicant certifies and warrants that he or she has the necessary authority to convey the off-site property in fee title to the city, free and clear of any and all encumbrances, and that such off-site open space is within the boundaries of the same Sub-Area identified in the Land Use Element of the Comprehensive Plan as the development itself. I. Failure of Qualifications. Where no site within the proposed development meets the above qualifications, the city may require that the applicant offer lands outside the development or pay the fee in lieu of dedication, in either respect pursuant to this chapter. (Ord. 516, 1994; (Ord. 449(part), 1993; Ord. 445 ~1(part), 1992). 16.14.060 Fee in lieu of ODen SDace dedication. A. Unless land within a proposed development is dedicated in accordance with Section 16.14.040 of this Chapter, final approval of the development shall be contingent upon payment of a fee-in-Iieu of dedication from the developer to the City. The fee so collected shall be appropriated only for the acquisition and development of open space, park sites and recreational facilities within the Comprehensive Plan Sub-Area wherein the proposed development is located. Such acquisition and development shall be consistent with the City's Comprehensive Plan. Expenditure of such fees shall only be through capital budget and program appropriations by the City Council. Fees collected within a Sub-Area must be allocated to a specific neighborhood park, open space, or recreation project within such Sub-Area and within five years of fee acceptance. 8. The fee-in-lieu of dedication shall be the sum of five thousand dollars ($5,000) per buildable single-family lot created within the site of a subdivision that would otherwise have been dedicated as open space in an amount calculated pursuant to Section 1 6.14.040(8) of this chapter, and, in the case of multi-family housing, the sum of two thousand five hundred dollars ($ 2, 500) per dwelling unit allowed under the applicable zoning designation on the amount of land area that would otherwise have been dedicated as calculated pursuant to Section 16.14.040(8) of this chapter. In January of each calendar -4- year, the City Council shall review the amount of the fee in lieu of dedication fixed by this section and adjust such fee by ordinance if it determines that an adjustment is fair and necessary based on then-current market conditions, including, but not limited to, the Consumer Price Index, inflation, or any other market indicator. C. Such fees shall be due and payable prior to issuance of the final residential development approval by the city with which such fee is associated. Where a property lien is granted, the city may allow deferral of payment until such time as building permits are to be issued. Such fee shall be deposited in the appropriate open space fund of the city. Should such fee not be expended within five years of receipt by the city, upon written demand to the city clerk the fee will be refunded to the then owner of such residence or lot to which the fee is attributable. (Ord. 516, 1994; Ord. 449(part), 1993; Ord. 445 ~ 1 (part), 1992) . -5- I \ I I I I I I I I I I I I I I I I I v- .lJ INTERIM YELM CRITICAL AREAS RESOURCE LANDS ORDINANCE NO. 426 PREAMBLE WHEREAS, RCW 36.70A 170 of the Growth Management Act mandates that the City of Yelm designate appropriate agricultural lands, forest lands, mineral resource lands and critical areas; WHEREAS, RCW 36.70A.060 of the Act imposes upon the City of Yelm a requirement that development be regulated to protect wetlands, aquifers, fish and wildlife habitat, frequently flooded areas, geologically hazardous areas and as sure the conserva t i on of agr i cu 1 t ura 1, f ores t, and m i nera I lands, WHEREAS. the Act provides that such regulations are review when adopting subsequent comprehensive plans and regulations required by the Act by July 1, 1994; subject to development WHEREAS, pending completion of such plans and regulations and final designation of critical areas and resource lands the City of Yelm elects to enact interim regulations to fulfill the mandate of the Act; NOW THEREFORE, this Interim Resource Lands and Critical Areas Ordinance is hereby adopted by the City Council of the City of Yelm and shall remain in effect until repealed concurrent with enactment of regulations for the Yelm Comprehensive Plan to be adopted pursuant to RCW 36 70A. ICITY OF YELM ORDINANCE NO. 426 PAGE 1 o. SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION Table of Contents Interim Yelm Critical Areas Resource Lands Ordinance 1 0 Statutory Authority, Purpose and Objectives 2.0 3 0 4 0 Definitions Designation and Mapping of Resource Lands areas. Analysis and Development Standards 5 0 Warning and Disclaimer of Liability 6.0 Exemptions 1 0 Administration standards 8.0 Severability 9.0 Effective Date CITY OF YELM ORDINANCE NO. 426 \1 lJ ( t ( , ! l f I. It and Critical it [ \i I ,t PAGE 2 I I I ~ \II I SECTION 1 0 STATUTORY AUTHORITY, PURPOSE AND OBJECTIVES 1.1 STATUTORY AUTHORITY I I I I I I I I I I I I I The Legislature of the State of Washington has, in RCW 36.70A.060, mandated local governments that plan under RCW 36 70A 040 to adopt development regulations to assure the conservation of agricultural, forest and mineral resource lands and to adopt development regulations critical areas designated under RCW 36.70A 170 Further, the City of Yelm is authorized by RCW 35 63.080 to regulate the use and development of land to provide for the general welfare 1 2 STATEMENT OF PURPOSE AND OBJECTIVES It is the purpose of this ordinance to promote the publ ic heal th, safety and general welfare by: (1) confirming the public's interest in the conservation and wise use of our lands; (2) assuring the long-term conservation of resource lands, (3) designating and classifying critical areas and resource lands, (4) protecting environmentally critical areas; and (5) comp 1 y ing with and further ing the purposes of the State of Washington's Growth Management Act 1.3 SCOPE This ordinance applies to all real property within the corporate limits of the City of Yelm as it is now configured or may, from time to time, be altered To the extent of any jurisdiction of the City this ordinance also applies to any real property within the urban growth area of Yelm designated by Thurston County. I CITY OF YELM , ORDINANCE NO. 426 PAGE 3 if SECTION 2 0 DEFINITIONS I' II \ . 2 1 DEFINITIONS if I The following terms as used in this Ordinance shall be given the meaning set forth below except as the context clearly indicates otherwise and thi~1 Ordinance shall be interpreted accordingly. \ Agricultural Land land that has long-term commercial significance for;\ and is primarily devoted to the production of horticultural, viticultural,i~ floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, livestock, straw, turf, seed, or Christmas trees not subject t~J the excise tax imposed by HCW 84.33.100 through 34 33.140 I I Best Management Practices conservation practices or systems of practices and management measures that control soil loss and reduce watelil qual i ty degradation caused by nutrients, animal waste, toxics, and! sediment; and minimize adverse impacts to surface water and groundwater flow, to circulation patterns, and to the chemical, physical, an9,,'[ biological characteristics of wetlands Buffer, wetland An area which is an integral part of a stream or wetland ecosystem or which provides shading, input of organic debris an~1 coarse sediments, room for variation in stream or wetland boundaries,l- habitat for wildlife, and protection from harmful intrusion as necessary to minimize publ ic harm suffered when the functions and values of wet land~!'1 are degraded. City -- the City of Yelm, Washington, a municipal corporation ,.r iilt- Classification -- defining categories to which natural resource lands and :::::::: a::::s are a:::gn::, a combination of wetlands, critical aqUifJR recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas il Commercial Significance, Long-Term -- an attribute of land arising from the growing capacity, productivity, and soil composition of the land fo~. long-term commercial production, with consideration of the land's proximit~~ to urban areas or incompatible land uses or the possibility of such proximity. II as in (I Critical Aquifer Recharge Area -- those areas that have been identified having a critical recharging effect on aquifer use for potable water community water systems \1 CITY OF YELM ORDINANCE NO 426 PAGE 411 _'i~~_~~~~~d.!.'tit~~~~~....m."-O-O""'-""_"~'"""",,"<ID>i""""~~~~_M""""_l)""'-"_01UO~'L~""~ Designation -- formal adoption of a policy statement which establishes, for planning purposes. the classification scheme, the general distribution, location and extent of the uses of land, where appropriate, for agriculture, forestry, and mineral extraction, and the general distribution, location and extent of critical areas Development Application -- an application tendered under the provision of either the Comprehensive Plan, Titles 12, 14, 15, 16, or 17 of the Yelm Municipal Code, or any ordinance adopted to regulate land use or building construction or alteration including but not limited to an application for an occupancy permit, a building permit, a conditional use permit, variance, rezone or planned development, substantial shoreline development permit, or an application submitted for a preliminary or final plat, short plat or boundary line adjustment. Fish and following A. B. Wildl ife Babi tat Conservation Areas all lands wi thin the categories' Areas with which npriority species as defined by the Washington Department of Wi ldl ife have a primary association Priority species are wildlife species of concern due to their population status and their sensitivity to habitat alteration. Priority habitats as identified by the Washington Department of Wildlife. Priority habitats are areas with one or more of the following attributes' comparatively high wildlife density, high wildlife species richness, significant wildlife species richness, significant wildlife breeding habitat, significant wildlife seasonal ranges, significant movement corridors for wildlife, limited availability, and/or high vulnerability. Habitats of species of local importance. Such habitats are those with which a given species has a primary association and which, if altered, may reduce the likelihood that the species will maintain itself and reproduce over the long term Species of local importance are those species that are of local concern due to their population status or their sensitivity to habitat manipulation and that have been so designated by listing in an appendix to this ordinance, or which are game species as determined by the Washington Legislature pursuant to RCW 77.99 or the Washington Wildlife Commission pursuant to WAC 232-12 Naturally occurring ponds each over one-half acre and under twenty acres and their wildlife habitat These do not include ponds deliberately designed and created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construct ion ponds of I ess than three years' duration, and landscape amenities. However, naturally occurring ponds shall include those artificial ponds intentionally created with the approval of a regulatory authority from dry areas to mitigate adverse impact upon other ponds. C. D. rC1TY OF YELM - ORDINANCE NO. 426 PAGE 5 .,"'.."','" --~... JJ'lYI'C1"1i1' II II E. Lakes, ponds, streams, and rivers planted with game fish as defined by RCW 77 09 020, including fish planted under thelfil auspices of federal, state, local, or tribal programs, or which~ support priority fish species as identified by the Washington Department of Wildlife l- Forest Land land primarily useful for growing trees for commercial purposes, including Christmas trees subject to the excise tax imposed underll RCW 84.33.100 through 84 33.140, and that has long-term commerciaL, significance for growing trees. \ Frequently Flooded Areas -- floodplains and other areas subject to a oneIll! percent or greater chance of flooding in any given year also known as a,~ "100 year flood" Geologically Hazardous Areas -- areas that because of their to erosion, sliding, earthquake, or other geological events, to development, including the following categories: A. Erosion Hazard Areas identified as having severe or very severe;_ erosion hazard by the Soil Conservation Service Landslide Hazard Areas subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors '[' Mine Hazard Areas directly underlain by, adjacent to, or' affected by mine workings such as tunnels, drifts, or air shafts Seismic Hazard Areas subject to severe risk resul t of earthquake induced ground shaking, settlement, or soi 1 liquefaction. suscept i b i Ii ty,J are not suited B C. D. or damage as a' slope failure, Lot of Record -- an area of land designated as a lot on the plat subdivision recorded or registered pursuant to statute with the auditor Thurston County. or' of iJ Maps those maps maintained by the City of Yelm for the purpose graphically depicting the boundaries of resource land and critical areas of J Mineral Lands lands of long-term commercial significance for the extract i on of aggregate and mine resources, inc 1 ud ing sand, grave l, and!::.,. valuable metallic substances , Qualified Professional -- a person licensed in the applicable occupation, or any other person (or combination of people) with a level of education,fl experience and expertise in the field or discipl ine appropriate for the~ relevant subject matter as determined by the City Planner. Urban Growth -- activities that make intensive use of land for the location~ of buildings, other structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products or fiber, or extraction of mineral(' resources. I Urban Growth, Characterized By -- land having urban growth on it, or landl' so located in relationship to an area with urban growth on it so as to be\F appropriate for urban growth. :ITY OF YELM )RDINANCE NO. 426 1- PAGE 6 ~ ...........-....- ._- I I I Utility -- such services as water supply, electric power, natural gas, communication, and sanitary sewers and the provider of such services to the public or individual recipients I I Utility line -- pipe, conduit, cable, other similar means or facilities by which utility services are conveyed to the public or individual recipients. I I I I I Wetlands -- ponds of between one-half acre and twenty (20) acres, including the i r submerged beds, and those areas of at leas t one-ha I f acre that are transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water For the purposes of this definition, wetlands must have one or more of the following attributes A At least hydrophytes The substrate is The substrate is by shallow water year periodically, the land supports predominantly B C. predominantly undrained hydric soil, and nonsoil and is saturated with water or covered at some time during the growing season of each I I I I I I Wetlands do not include artificial wetlands intentionally or unintentionally created from non-wetlands, including but not limited to irrigation and drainage ditches, grass-lined swales, canals, swimming pools. detention facilities, waste water treatment facilities, farm ponds and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas in order to mitigate conversion of wetlands, if permitted by the City, Thurston County or another governmental agency with jurisdiction Washington State Wetlands Rating System means the four-tier rating system of that name developed by the State Department of Ecology and included in its Model Wetlands Protection Ordinance" of 1990 as amended; a system for categorizing wetlands among four classes on the basis of ecological character, size, and species or communities they support. I I I CITY OF YELM ORDINANCE NO. 426 PAGE 7 SECTION 3 0 11 [I ill DESIGNATION AND MAPPING OF RESOURCE LANDS AND CRITICAL AREAS' 3.1 DESIGNATION OF RESOURCE LANDS III Any lands lying wi thin the incorporated area and urban growth area of thel- City of Yelm which have those characteristics set forth in the definition~ of mineral lands are hereby designated as mineral resource lands No agricultural or forest lands are designated by the City illl 3 2 DESIGNATION OF CRITICAL AREAS Where applicable, the incorporated area and urban growth area of the Cit~1I of Yelm is hereby designated into the following critical areas' I- A. Wetlands B. Critical Aquifer Recharge Areas C. Frequently Flooded Areas D Geologically Hazardous Areas E. Fish and Wildlife Habitat Conservation Areas ). ID 3.3 MAPS Resource I ands and Resource Lands and Hall These maps lands and critical becomes available critical areas are hereby designated on a series of\1I Critical Areas Maps to be maintained at the Yelm City'''' contain the best available graphic depiction of resource areas and are to be updated as more reliable informati0111 'm I The City Planner is the official charged to interpret the maps The maps are to be used as a general guide to the location and extent of resource. lands and critical areas The maps are for informational and illustrativ~ purposes only and are not regulatory in nature The maps are intended td~ alert the community of a potential of such resource lands or critical areas being located in the vicinity of a site. i. 3.4 INTERPRETATION OF MAPS 3 5 EFFECT OF MAPS The presence of a designation on the maps is sufficient foundation for thJIII City to require an analysis for the designation. The lack of such designations upon the maps shall not be deemed to preclude requiring SUCh. an analysis if in the judgment of the City Planner there is a reasonable possibility of resource lands or critical areas being located in th~ ~ vicinity of a proposed development. -- rTY OF YELM lDINANCE NO. 426 . 8-- PAGE __~~~~~~~~~AI~~~~~~W..<'''''''M"<'''_'''''''''''''_'''-<iDlG~.;s~ ""u.IA ~ --~,; I. I' II ". I I I I I I I The conclusion by the City Planner that a parcel of land or a part of a parcel of land that is subject of a proposed development application includes or is within 300' of one or more critical areas or resource lands shall serve as cause for additional investigation and analysis to be conducted by the applicant. Resource lands and critical areas indicated on the data maps are presumed to exist in the locations shown and are protected under all the provisions of this ordinance. The exact location of resource lands and resource areas shall be indicated by the applicant as a result of field investigations performed by qualified professionals All development appl ications must include the boundaryCs) of all resource lands and critical areas within a minimum of 300 feet on a scaled drawing at a detailed scale of at least 1" equals 400'. In the event of multiple designations, each will be addressed independently and collectively for the purpose of determining development I imi tat ions and appropriate mitigating measures. I I I I I I I I I CITY OF YELM . ORDINANCE NO. 426 PAGE 9 SECTION 4.0 j1B r(1i Iii a. ANALYSIS AND DEVELOPMENT STANDARDS li8 )illl The following site analysis requirements and devlopment standards shall apply to any devlopment which pursuant to the previous section is found tOile lie within 300 feet of a designated natural resource land or critical area. ~~ Consistent with the intent of this ordinance. the City Planner is authorized to determine the appropriate scope and detail of any requiredflID., sit e ana I y s is. i i! i 4 0 APPLICATION OF ANALYSIS AND DEVLOPMENT STANDARDS 4 1 AGRICULTURAL LANDS !ill Section reserved' such lands designated within the current Ci ty i no of I - Yelm 4 2 FOREST LANDS iJl " Section reserved' no such lands desIgnated within the current City Of[[ Yelm I' i - 4 3 MINERAL RESOURCE LANDS Whenever designated mineral resource land is located within 300 feet of anY~ proposed devlopment, notice of such condition shall be provided to subsequent owners of the devlopment site by means of notices upon plats ofll record and inclusion of notice in all real estate purchase and sale \ - agreements, contracts of sale, and real estate deeds. 4 4 WETLANDS :r / A. Site Analysis is required for the purpose of determining whether the site is within 300 feet of a wetlans as defined. herein and, if a wetland is found, specifying the category and'- establishing a wetland boundary using the criteria found in the 1989 edition of the "Federal Manual for Identifying and. Delineating Jurisdictional Wetlands Field delineation of the,. boundary is required and a scaled map shall be submitted' Washington State Wetlands Rating System shall be applied to the.. wetland area to establish the category of each wetland. The~ analysis, delineation and categorization required by this- subsection shall be done by a qualified professional ~ II . CITY OF YELM ORDINANCE NO. 426 PAGE 10' $,----- I, I ,I i - JI :'11 I 'iil B. ',' 'I I i,l , l,fI i:' ',I i:1I i,II I:' ii, CITY OF YELM ORDINANCE NO. 426 Wetland Protection Standards 1 A buffer shall be required wetlands as following' Category I Wetlands Category II Wetlands Category III Wetlands Category IV Wetlands adjacent to, and outside of all 250 feet 150 feet 50 feet 25 feet 2 The above buffer depths may be reduced to a minimum of 25 feet if in the judgment of the City Planner the site analysis demonstrates that the land adjacent to the buffer is and will remain extensively vegetated, or is topographically and ecologically remote from the wetland, and that no direct or indirect adverse impact on the wetland is reasonably probable as a result of the buffer reduction. Among other factors, the City Planner may consider the size, category and sensitivity of the particular wetland, the scope and type of deve 1 opmen t proposa l, the ana 1 ys is and recommendation of any qualified professional, and reliability of the particular delineation, categorization and applicable protection and mitigation measures proposed a. Wetland buffers shall be retained in their current condition or be used as set forth below Alteration of the buffer may be required to mitigate possible adverse impact or to protect the wetland Where buffer disturbance is unavoidable during adjacent construction, revegetation wi 11 be required Native plant materials shall be utilized as appropriate in the judgment of the City Planner b The following uses and activities are allowed to occur on wetlands and wetland buffer zones outdoor recreational activities. existing and on-going agricultural activities, and maintenance of existing facilities, structures, ditches, roads, and utility systems. c Provided further that buffers may be utilized for new roads and utility lines which traverse at right-angles any linear wetlands having a width not greater than 25 feet In such cases such roads and utility lines shall be designed to minimize all adverse impacts upon wetlands and to result in no net loss of wetland area 3 PAGE 11 4 5 4 6 I I CRITICAL AQUIFER RECHARGE AREAS i A A Site Analysis by a qualified professional is required for the' purpose of identifying the sensitivIty of any aqUifer reCharge~. area and delineation of any recharge sensitivity boundary Th: analysis shall include: ; 1. A description of the general geological and hydrological character of the area under consideration, J: 2 A des c rip t ion 0 f 1 0 c a 1 c ha r act e r i s tic s ass 0 cia t e d wit site drainage and water movement; A description of conditions prior to project development, f. A description of conditions and risks as they are likelY~ to exist after complete development of the proposed project, and their impact on groundwater quantity and quality, including the effects of sewage disposal, lawnll and yard activities, agriculture and animal husbandry,' stormwater impacts, and any other reasonably anticipated impact associated with the project type ,I Aquifer Protection Standards P 1 The site analysis provided by the qualified professional shall include a water quality baseline which will serve asr a minimum standard that should not be further degraded bY~ proposed development. . The creation of additional impervious surfaces shall be. limited to that amount described in the site analysis. , Development designs and operations shall include best management practices to avoid introducing pollutants into the aquifer, including the collection, treatment andl disposal of stormwater P 3 4. B 2 3. FREQUENTLY FLOODED AREAS r A Site Analysis is required for the purpose of establiShing' development site elevation relative to mean sea level and the,,_ appropriate lake, pond, stream, or river ' B Development Standards All developments must satisfy the provisions of the Na t i ona 1 Flood Insurance Program, author i zed by thel National Flood Insurance Act of 1968, as enacted by thep State of Washington in Chapter 86 16 RCW CITY OF YELM ORDINANCE NO. 426 f J ~ J PAGE 12' ~-~""~~ I f;;'~' , ill ~'. .. 4 7 I I t I - - I I I I I I I I I I I I I GEOLOGICALLY HAZARDOUS AREAS A Erosion Hazard Areas 1 Site Analysis is required to determine the exact location of any erosion hazard area and circumstances that might be expected to precipitate a significant erosion event. The type and effectiveness of mitigating measures available to safeguard the publlic safety and welfare shall be addressed The analysis shall also discuss the proposed development's influence on the erosion hazard and suggest appropriate design and development measures that might be taken to minimize such hazards 2. Development Standards (a) Erosion hazard areas shall be avoided for development Erodible surfaces shall be stabi I ized by best management practices Release of stormwater to such areas shall be strictly limited to predevelopment flow rates, and patterns 3 Landslide Hazard Areas (a) A site analysis is required to identify and quantify geologic, topographic and hydrologic factors that might contribute to slope instability. The rate and extent of potential hazards must be assessed and mitigation measures, if any, evaluated. The proposed deve I opment must be ana I yzed wi th cons idera t i on of landsl ide risk to proposed publ ic and private investments The analysis shall account for the effects of stormwater generation from impervious surfaces and the influence of streets on slope stability B Development Standards 1 Documented landslide hazard areas shall be avoided as locations for building construction, roads, or utility systems where mitigation is not feasible 2. If the degree of hazard perm its deve 1 opment , post construction slope stabilization and appropriate road construction standards shall be employed to el iminate as completely as practicable any public or private exposure to landslide hazards or extraordinary maintenance or repair costs. C Mine Hazard Areas Section Reserved. no such lands designate within the City D Seismic Hazard Areas 1. Site Analysis Yelm and its Urban Growth Area are designated as lying within Seismic Zone 3 as defined in the Uniform Bui Iding Code. The appl icant may provide information with respect to this designation 2. Standards. All structures and improvement s sha 11 be designated and constructed in accordance with Part III of Chapter 23 of the Uniform Building Code or other applicable standards. ICITY OF YELM · ~RDINANCE NO. 426 - PAGE 13 (I FISH AND WILDLIFE HABITAT CONSERVATION AREAS A Site Analysis by a qualified professional is required toD identify habitat conservation areas, including priority habitats and species, habitats and species of local importance,1 and the nature and extent of such species' primary associatiorl with the habitat, and seasonal range dynamic, and movement corridors. The analysis shall address the relative tolerancet of human activities on the species, The development proposal' shall be evaluated in terms of its influence on the habitat Species' regional occurrence and movements shail be considered'r Appropr i ate m i t i ga t i ve measures sha 11 be recommended by the/:- qualified professional Development Standards Adverse effects shall be mitigated to ensure continuation ofl base-l ine populations for all priori ty species and any other' species of local importance Base-l ine populations are those population levels known or reasonably believed to have beeItf supported by the area in question with relative stability overp the decade preceding the proposed development 4 8 A B. CITY OF YELM ORDINANCE NO II Creation of isolated sub-populations of those species shall bJ avoided. '\- , , r , , J J J , 426 PAGE 1J I' , ' [I I ,I II I :1 I I II I I I I , I I , SECTION 5 0 WARNING AND DISCLAIMER OF LIABILITY 5 1 WARNING AND DISCLAIMER OF LIABILITY The degree of hazard protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations Catastrophic natural disasters can, and will, occur on occasion. this ordinance does not imply that land outside critical areas, or activities permitted within such areas, will be free from risk, exposure or damage. This ordinance shall not create liability on the part of the City of Yelm, and officers or employees thereof, for any damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. II CITY OF YELM ~ORDINANCE NO. 426 PAGE 15 /) SECTION 6 0 11 ftl lli EXEMPTIONS 6 1 NONCONFORMING DEVELOPMENTS Within the natural resource lands and critical areas established by thiS' ordinance there exist land uses, developments and lots of record which were lawfully established or approved. bu.t whic.h would be p.rohibit~d, regulatedJ or restricted under the terms of thIS ordInance. It IS the Intent of the City to permit these uses to continue and to allow previously approved developments to reach the development .lev.el an~icipated. i,n. their approved,f' applications. The lots of record wIthIn major subdIVISIons that have!~ received preliminary plat approval and short plats filed for record at the Thurston County Auditor's office will be considered building lots. A use or structure established prior to the effective date of this' ordinance which does not conform to standards set forth herein is allowed to continue and be maintained provided that such activity or. structure shall not be expanded or enlarged in any manner that" increases the extent of its nonconformity by creating or possibly creating an adverse impact upon the critical area or resource lands t 6.2 UTILITY LINE ACTIVITIES The following activities, when undertaken pursuant to best managementJ practices to avoid impacts to critical areas, are exempt from provisions of this ordinance. A Normal and routine maintenance or repair of existing utilitYl structures or rights-of-way When required by a local governmental agency relocation of electric facilities, lines, equipment, or appurtenances, notl including substations, with an associated voltage of 55,000 volts or less, and when required by a local governmental agency which approves the new location of the facilities relocation of other utility lines, equipment, lines, or\ appurtenances, within improved rights-of-way, Installation or construction in improved public rights-of-way, and replacement, operation, or alteration of all electric facilities, lines, equipment, or appurtenances, not including substations, with an associated voltage of 55,000 volts or less; and installation or construction in improved public roac rights-of-way and replacement, operation, repair, or alteratior of all other utility lines, equipment, or appurtenances B C. CITY OF YELM -CDJ)TM.AJJCLNO.._4,2.6 P AG Eli I, I I I- I I I I I I I I I I I I I I I ! I I CITY OF YELM ORDINANCE NO \ ~ ~ SECTION 7 0 ADMINISTRATION 7 0 ADMINISTRATOR The City Planner and other responsible officials shall administer this ordinance in acordance with the intent of the State Growth Management Act and the policies of the City of Yelm 7 . 1 APPLICATION CONTENT Prior to accepting a development application tendered to the City, the resource lands and critical areas maps shall be consulted for the purposes of determining whether or not the property subject to the applications is within any area shown. When such designations are identified the applicant will immediately be notified and the type(s) of resource land or critical area disclosed Instructions will be provided to the applicant on the type of evaluation and site-specific analysis that will be required to supplement to the application materials 7 2 REQUIRED FINDINGS From the effective date of this ordinance, no development application processed by the City of Yelm shall be approved without a written finding that this ordinance has been considered and whether additional information under this ordinance was or was not required When any other provision of the Comprehensive Plan and Zoning Ordinance of the City conflicts with provisions of this ordinance, the more restrictive language shall apply SECTION 8 0 SEVERABILITY 8.1 SEVERABILITY If any sect ion, subsect ion, sentence, this ordinance is for any reason held any court of competent jurisdiction, validity of the remaining portions. clause, phrase, part or port ion of to be invalid or unconstitutional by such decisions shall not affect the 426 PAGE 17 ... G'j 0- SECTION 9 0 EFFECTIVE DATE 9.0 EFFECTIVE DATE This ordinance shall come into full force and effect on March 10, 1992, anJ remain in force until the effective date of the implementing regulations of the City Comprehensive Plan to be adopted pursuant to Chapter 36-70A RCW 1 ADOPTED this 26th day of February 1992 Shelly A Badger, City Clerk ~ 1 :1 1 i I I I I ,I I I I .1 PAGE 1) Robert A. Sanders, Mayor ATTEST' Approved as to form by Todd Stamm, City Attorney PASSED and APPROVED' February 26, 1992 PUBLISHED, Nisqually Valley News, March 5. 1992 CITY OF YELM ORDINANCE NO. 426 ~'1 '\ J56 '\ \ 118 ;:/ ~ // / / / / / DIVISI01V & 2 NISQUALLY ESTATES IN NW1/4 OF NE1/4 SECTION 25, / 24 - 25 \ '- 576.......- _/ \ , 336- 43152.98 SF 0.99 A eRES '6 ? I 8 ~ 4J~ J'f.<........ ~ a \)j a <L a '" <L 50116.91S.F 1.15 ACRES , // 0NOTE. CONTOURS VrER[ DEVELOPED FOR PURPOSES OF PREUMlNARY PLA TnNG QNL Y. /' EXACT LOCATIONS OF CONTOUR UNE$ AND SPECIFIC E/LVATION DATA IN AREAS OF / DETA/LED DESIGNS SUCH AS ROADS, STORMWATFR RETENTION, UC MUST BE DETERMINED AFTER A BOUNDARY SURVEY IS PERFORMED. 1 TOWNSHIP 17 NORTH. RANGE 2 EAST WM. " " 9 LEGAL DESCRIPTION DJVfSION 1 PARCEL NO. 21725111301 SITE WT -A- OF BOUNDARY UNE ADJUSTMENT NO. BI.A. 1142 AS RECORDED UNDER AUDITOR'S FILE NO. 9112110209 IN VOLUME 11 OF BU'S. PAGES 489-493, RECORDS OF THURSTON COUNTY, WASffiNGTON. SCALE. 1 =100' ~~11 rooMAI-' 2~' SCALE: 2' - 1 MILE DIVISION 2 PARCEL NO. ZI7251I1300 THAT PORTION OF THE NDRTHlfEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25. TOWNSHIP 17 HOlt RANGE 1 EAST. Wow., DESCRIBED AS roUOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAS1 QUARTER OF SAID SECTION, THEN N 89'45'4-0" E AlJ)NG THE NORTH UNE OF' SAID NORTHEAST QUARTER 213.00 FEET; THENCE S 00"25'05" E 582.10 FEET. THENCE S 81"46' E 713.07 FEET TO THE NORTHERLY RIGHT OF WAY UNE OF NORTHERN PACIFIC RAILROAD; THENCE S 50"34' W ALONG SAID RIGHT OF WAY 1138.07 FEET; THENCE N 9"24' W 591.71 FEET; THENCE N 0"24'05" W 831.61 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY RAILROAD RIGHT OF' WAY IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION. TOGETHER W1TH THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOlfNSHIP 17 NORTH. RANGE 1 EAST, 1r.Jl, DESCRIBED AS FOUJ)WS: BEGINNING AT THE HORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 25: THENCE N 89'45'40" E ALONG THE NORTH UNE OF SAID NORTHEAST QUARTER 213.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG THE SAME COURSE 303.37 FEET; THENCE S 0"25'05" E 271 FEET; THENCE WESTERLY PARAllEL WITH THE NORTH UNE OF SECTION 25, 213.37 FEET; THENCE S 0'25'05" E TO THE CENTER UNE OF THAT RIGHT OF WAY EASEMENT WITH A COURSE BEARING N 81"46' W; THENCE WESTERLY ALONG SAID LAST 582.10 FEET 10 THE TRUE POINT OF' BEGINNING. TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. OWNER/DEVELOPER DIVISION 1 PAUL STEADMAN 1801 W DAY ISLAND BLVD TACOMA, WA. 98466 DIVISION 2 MARK CARPENTER POBOX 77 MCKENNA, WA. 98558 E TRUE & ASSOC LAND SURVEYING POBOX 908 YELM, WASHINGTON 98597 (206) 458-2894 ~ ~ Ij "Z. ~ -; ~ \U ~ -z ~ D "'2..,..... ~ <C \.::J:I --z::::t. -\1) d. .... 0::( ~ """"".... I ....:.';~! l!:~:J ~ ~ l" - ~ rrf I ~ m ,.. .'" , ~ ~~ l~~ J:~J'"" ,-r;' 12/];;"'''('=-;;;;= II ' II::S' .. I - I /1'><'" f....---~-- ~ L ~-l I "~'_'l.~ '\ /- .&P .. I \ \~ '-, ,/, , '- -:p=::7 \ \.?W'. ,..j; Jf . II ~~ '\:~ N \.~\ '':&. " ~ oli'\1 ,dr-'= · :~: I~ _-----~~.>:~~J ~" "~ ;; '0" \.~~~ ~~:~ r . ~ . ...::', ;_~. .' '\ '\,,, , f(" ';,~ ~~ ~ .1_ ~ ----1dJW . ( 0 ,~ ~. .., . ", '. ~ "\ . ~ 'I' .~ L- I ~.... J 1 'I ....'. . ," " -' ~ !I "0'"",,'. . " ~,. ,/ ","" . " ,,", M' /', ~ '--I l!l , " i ,;' ;:rr.'" ,~ "- f--.' ... <0 -.-( )rll ,=, 11I,'/ ')11 ~ ,~ , , ' , "'" ,/ J.l"(~' [' _, iJ,r,::...;J' , 'V J i : 1=t'Fil.~~ ,/' j/~" Il' 11-:1 ' :tr,i:iL, L ,.:. I vrJ ii, ,--'- 1111 C-Jl .' ;d;-.-' I, . -ift . \ .. , _ L - - ~. . J _ ',Ii l' h . - - 't' ' )A~" .-, ",Lj , I :ir/.. ~ . - ' I I -- j II I I I" : j ilil ' · ,- ., H k-~ .! I -j~ II . j, J J)' " ' ' )$ i b. I I~~------~-J! l rl V fl:' ,:.-J-T -Lr I, /,LL-j -1 I /L ; I~ . IT;; I ''"' - ~ . ~ I' ", ~I~:c -~f?' ... I ~ 2', 11~ !:~~' ~ ! ~ ~ ~ : I "- ~ I ,11 f-f'R,.[! I 'T'E.~-- f · I ! i' l ~ d+-l i",;;;.;;..r - (.. I' ... ~ ~ I I I -l '" ~::U I! I 1/ '" "- ,""- -, I :;] lr""" I 1'.-- '''IF: i ~~ _ ~ HJ ,~f'-.; ... @ ~, ---L. q" I o~ ~ j;@J , ~~ ~ ~ I @g) ~ @S - ~ ! I '3~ II .---- I 8 II - I 1Il"'-." ... .:J ~ D~~ ~f ~ ~ "7- tl"": ~ '" "'" ~ i,;" .., " ~.~1~~': .;.....~ J I ~ .j -$.. ~ ;::!,. ;.. ; - - ......~__'" ~__.~ .___-'.... .....1.:.__~.~~ .........:_,,_....:.;..o..~~_..--" .____,.,~~,~_. -~-~_...._- -~._.::~...~~ .....,....-...-..._~_.. --' '" n ., ......;.-.(' ,{: SEe 25, T17N, R1E, W Iv1 , " y----/ 1- 1--.1 <.~ -- .----. ~ GJ ~ ,. Il...... .1. (. 11 {\~ r ~..J o~;-)tVvP _ '\n~ V1r&N. , i . - ~\ 1\,/ n ~ \ . . \\'JJ d\~r'\ I D ~~ 0v. n' ~,v -01~ ~l, . .~\ . ,~'V fv~ . ({uqil ~ cI' ~ $\~ ~~~ 0 l\C~ gel . \f. ~ >0 ~\ _mnm - -- CITY OF YELNI ~,~ . t \ POBox 479 OFFICIAL USE ONLY cPO - Yelm, WA 98597 Fee ~~ 458-3244 Date '3eceived I Lj~plf3 . APPLICATION FOR By a l~'t;f~' F'I N 2,;/ Afr / tiS CHANGE IN ZONING . fj) 'j I e ~.. _ ._' Fee $500 00 .fl\~ IF' ~ \! 'J,J' (Plus any professional service Ch~rges ~I per Resolution 252) - . \; '1 .1.Et 2 O. ~ J\\\( , L, \ Oll)l' CreVELM \ '\ \ YELM WASHINGTON A change in zoning is ~~quest to amend the map or text of the ity zoning ordinance A change will only be approved if it is consistent with the City's comprehensive plan I)i'hange is usually made to provide for different land uses, but a request may\~so be made to change zoning sta~ljards or requirements. Before a rezone is granted, a staff report will be prepared.. The Planning Commission 01 h'old a public hearing and will present a recom- mendation to the City Council \The Council will make the inal decision \ \ / Ollll St'tJ III 1 \ ~1:' e.q d a VI bloi:3 4 LtJ4\ \ - i''t , \ OWNER :r I Pa."" 1 'S i ~J\~~ J1 Mailing Address P. o. I~ 0 X (;. L{ 3 ~\ L{ City, State and Zip -rGlCOV1\. a. ,/Wa.. I q '8\'t(.k Telephone 1.6 ~... 1>" S -Ill- 't 0 \ \ 0.\ J A-- ~s 0 c l ~ i c S' O'g g"S q 7 ~'i NAME OF PROJECT APPLICANT Mailing Address City, State and Zip' Telephone ENGINEER/ARCHITECT/OTHER / 6', .~". '" e Mailing Address / P.O. r3 0 City, State and Zip / Yel Wq . Telephone O~ - S ~ ... / SUMMARY OF REQUEST / C han r- ~ S 1 d ~r'\ if I' I - R - ! / / / / / PROPERTY DESCRIPTION General Location / r3 ei w e~ I ! '5.((. 'SC>t Vel,,", ol~ COlt,. Site Address I Is I 2. S 'S R So I Land Area (acres) \ I C;. '2. '-I q,c toe S Section L~ 5' Township 11 Ftange ^ Ii Assessor's Tax Parcel Number 2.. 11 <. S J ~ J "3 0 I Full legal description of subject property attach separate sheet 'f necessary) \ " ~ ~" PLEASE ANSWER THE FOllOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY 1 Does the proposed rezone conform with the Yelm Comprehensive Plan? Explain y c:. 50 2 Why is a chang~ in zoning appropriate? (Note Lack of neighborhood objection alone is not a sufficient reason) .it lSC,/u"Y' flo'\ t17_ hot ?-ot'\ <. J. . 3 How would the proposed zone change be in, the public interest? f3C1i t:: ooC;;'S ,1., Ie I ~r a r-=r- 0 r ~ qb I (t lA"b e. 0 f... tt~ /....a I\. ~ kO"SI~~ Fe>r 't4 tif\J ~I will I.J/'{JV\~ ~ L I 0' Ye "'"". 4 Explain how the site is suited to the proposed zoning (Topography, access, utilities, etc) ~S't. Q~C~~S -1::0 s_R. S 07 klo.c ""It~ a )..2..0' 1:,0 t:=~~ r {-"on-.. rr't-,..tt...e.t I'\.Ol'S"-e 'NQrth.SI~E' a 1()lh~ YtlVh ~If= CnCJrS€. Sout~ ~IJ.e IS UV\IYr\-""(J".~d r::a.."... JQ;yo...cl., ~()o.,-rQ/Jh" 15 ~/Q.t ti h1lnt';"'41 I'()II.' (Jt:,J,b.e~ YlQQfb'y / f. , r 5 Describe the relationship of this site to neighboring land uses S~e. ~ 1.\ t"~ 1::., ~ V'\ .J;l 'f 6 Describe means by which any conflicts with neighboring property could be reduced or avoided 'ih I 5 tJ Y'ntUIT:y !'S ,'Sd{a f:,~rI. ; :~t~u,~~J I t: S'?-",':!:J"",'r,,,r:I,cJ, W t.-"t '" f' ~; a t" I tAl I t h 't'lQ t; ATTACHMENTS 9ll Environmental Checklist (including $50 00 fee) !Xl Adjacent Property Owners List including Assessors Tax Parcel Numbers U<! Map not larger than 11 "x17" accurately showing 1 Site proposed for rezone 2. Dimensions of boundaries of rezone 3 Acreage of proposed rezone 4 Current and proposed zoning of site and adjacent property 5 Location of site relative to prominent features (streets, creeks, etc.) 00 Proposed zoning ordinance language changes, if any 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 em- ployees and representatives of the City of Yelm and other governmental agencies to enter upon and inspect said property as reasonably necessary to process this application I agree to pay all fees of the city which apply to ::n::PIiC7filJ ~~ Date /JJ2~ !J e;- 2e /9 3 / . , ~- SCHEDULE C THE LAND REFE~ED TO HEREIN IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF THURSTON AND IS DESCRIBED AS FOLLOWS: That part of the north half of the northeast quarter of Section 25, Township 17 North, Range lEast. W. M., described as foUaNs: Beginning at a point on the nOlth line of said northeast quarter a distance of 213 feet! North 890 45' 40" East of its northwest comer; thence South 00 25' OS" East 582.10 feet; thence South 810 46' East 77 3 .07 feet, rrore or less, to the northwesterly right-of-way of the Burlington Northern Railroad, and the the true point of beqinninq of this description; thence northeasterly along said railroad right-ofway- to a point on said right-of-way which is' 150 feet southwesterly of the interesection of said right-of-way with the north line of said northeast quarter; thence running northwesterly at right angles to said railroad right-of-way 122.31 feet, rrore or less, to the North line of said northeast quarter thence South 890 45' 40" West along said north line 1,123.77 feet,more or less, to a point on the north line of said northeast quarter which is North 890 451 40" East a distance of 516.37 feet fran the northwest comer thereof; thence South 00 25' 05" East 277 feet; thence westerly parallel with the north line of said northeast quarter 213.37 feet; thence South 00 25' OS" East to a point which is North 810 461 West fran the true point of beginning; thence South 81- 461 East, 680 feet, more or less to the trae point of begiru t? ~ ~ o "() ;; \ oJ (/ J tJ / ulf' /il !J-":.O/ [l d-' / ~(7..)' 1f' tJ ~ /' ;C /l'; ..7 J '(/ (! t1J o {, (P~ J<f ) ~~ GO ./$ 0{/ .../ ..? ~'-- 1/~ @ / 1//'; 0' "ll I .f7/lJ DC 0ctJ t:7 "- " ~ $/ /\:.- V) .t I~J t\ -.- '1.... ( -<: \ :< " "01, -f 'f ~ .. ~ . y- NEIGHBORHOOD PROPERTY OWNERSHIP REQUEST Reques ted by' ~ "'S t eadPi tf" e. o. 807< (, t.t 3' 4 - ~ ctCa J1-'\~ IWq (Name) (Address)' C:Jz-'.aL F i 1 e No . Map attached? ~__ List Prepared By! ___ Date mailed Fee: $50 plus $1/parcel > 50 Date Rec' d: -'- _ _ __ Request Rec'd By:___ Feepaid?__ TAX PARCELl RECORD OWNER NUMBER OF PROPERTY . I MAILING ADDRESS TOTAL ASSESSED VALUE (A/V) <? , Page -.L of 4 F i 1 e No ,,_.r Requested by NEIGHBORHOOD PROPERTY OWNERSHIP REQUEST f?a.u \ <;;-&eo..,i_~f.t..... P,O. ~oJ( l:.l.f,3'-'1 lQ(.ol1'Ul. I Wq . .' ., ','" . . .. .. (Name) (Address) q~'1 t. (, Fee' $50 plus $1/parcel > 50 Da t e Rec' d _ ........---'- Reauest Rec d 8y' Fee paid?~, F i 1 e No ---'- ...w.-. Hap attached? --r- List Prepared 8y Da t email ed I RECORD OWt'IER I OF PROPERTY I. tv, A I L HI<:; ADD RES S II II I' II --~I II II II I I I i I i II TAX PARCEL I' NUMBER I , ~ I I I I I I I F i 1 e No. Page ~ of ~ ZON 8098 Adjacent Property Owners Mailing List M. Carpenter P.O. Box 171 McKenna, WA 98558 L. Groundwater 791 W. Desert Ridge Dr. Green Valley, AZ 85622 BNR Honeywell Cntr. Suite 290 304 Inverness Way S. Englewood, CO 80122 W. Brown 15130 Hwy 507 Yelm, WA 98597 H. Higgenbotham 14824 HWT. 507 Yelm, WA 98597 J. Alexander P.O. Box 312 Yelm, WA 98597 The Highlands 1917 1st Ave. Seattle, Wa 98101 C. Brown P.O. Box Q Yelm, WA 98597 P. Steadman 1801 W Day Is Tacoma, WA 98466 S. MacNaughtor 15009 Hwy 507 Yelm WA 98597 R. Eggert 14646 George Rd. Yelm, Wa 98597 S. Molyneaux 14530 George Rd. Yelm, WA 98597 U. Herold RR #lC#45 5#18 Madeira, BC M. McKenzie 14410 George Rd. Yelm, WA 98597 J. Forrester P.O. Box 524 Yelm, WA 98597 G. Hoffman 305 Valley Vue Ct. Augusta, GA 30909 S. Trotter 14720 Hwy 507 Yelm, Wa 98597 R. Shaw 11123 Shaw Rd. Yelm, WA 98597 J. Bosequett 14409 Hwy 507 Yelm, Wa 98597 D. Doyle 14045 George Rd. Yelm, WA 98597 H. Dragt 14848 Longmire St. Yelm, Wa 98597 W. Parker 14947 Longmire St. Yelm, WA 98597 Requested by NEIGHBORHOOD PROPERTY OWNERSHIP REQUEST ~/tJ\ (I< (~(u'{)t/(rtef' 7, (),~)( /1 {I /Vtc-l\'r-'Y1t/l0l q g5Sg (Name) I (Address) File No A!\fX ~(ltjfc, Map at~ached? y~~ List Prepared By IS. Date mailed , Fee' $50 plus $1/parcel > 50 Date Rec'd' fQ-;{';{-q.;l. Reques t Rec' d By'-I;3" Fee paid? Yc::S TAX P~RCELI RECORD OWNER NUMBER OF PROPERTY HAILING ADDRESS TOTAL ASSESSED VALUE (A/V) '< , F i 1 e No A N X <g(fl(;. Page -L of 4 NEIGHBORHOOD PROPERTY OWNERSHIP REQUEST Requested by f\la I^K [1,] ryJ(~'r1tC'(. (Name) I 17,/), PY) >< (7/ (\ 1( Kt<'-T\ n r1 ctg~- ).58 (Address) File No A.A;)( Hap attached? , Llst Prepared Date ma,i led g (/-1 ? '/ t' ') By -rs Fee $50 plus $1/parcel ) 50 Date Rec'd 1()-,;2.d-._q(~ Reques t Rec d By '1:')' _ '?' J de ree pa 1 d . '( C_) rTA:< PARCEL 1\ NUr"1BER II . ../ I ? ') tvlA I L HJC; ADORE S S II TOTAL ASSESSED II VALUE lA/v) I 11 ) -~l II II II I I i \ F i 1 e No. AM X <;?lY-!(:. Page ~ of ~