Chapter 18.14
QUASI-JUDICIAL REVIEW
Sections:
18.14.010 Quasi-judicial review – Generally.
18.14.030 Report by community development department.
18.14.040 Hearing examiner or city council’s decision and recommendation – Findings required.
18.14.050 Preliminary subdivisions.
18.14.080 Planned residential development.
18.14.090 Mixed use development.
18.14.110 Critical area exception.
18.14.010 Quasi-judicial review – Generally.
The purpose of the quasi-judicial review process is to ensure that projects are consistent with applicable development, construction, and design standards of the Unified Development Code and that all impacts attributable to a development are fully mitigated to ensure the use is compatible with the surrounding neighborhood. Quasi-judicial permits are discretionary and require public notice, public comment periods, and public hearings. Quasi-judicial permits include:
A. Preliminary subdivisions;
B. Special uses;
C. Binding site plans;
D. Planned residential developments;
E. Mixed use developments;
F. Variances;
G. Critical area exception. (Ord. 995 § 12 (Exh. A), 2015).
18.14.020 Public hearings.
A. Public Hearing Required. A public hearing shall be held by the hearing examiner prior to rendering a decision or making a recommendation on quasi-judicial reviews.
B. Notice of Public Hearing. Not less than 10 days prior to the date of the public hearing, notice shall be given by:
1. First class mail to all persons entitled to receive the notice of application;
2. Publication in the official newspaper of the city; and
3. Posting notice on the property.
4. For an adult entertainment buffering variance, in addition to the noticing requirements above, the notice shall also be sent by first class mailing to all parties within the 660-foot buffering distance.
C. Contents of Hearing Notice. All notices of public hearing shall include:
1. A description of the location of the proposed action including a vicinity location sketch or a written description other than a legal description.
2. The date, time, and location of the public hearing.
3. A mailing and electronic mail address for submission of written comments prior to the hearing.
D. Special Considerations.
1. Vacations of Rights-of-Way. Notice of public hearing for the vacations of streets and alleys shall be given as follows:
a. Upon passage of resolution by city council, not less than 20 days’ notice shall be posted in three of the most public places in the city, and a like notice in a conspicuous place on the street or alley to be vacated.
b. The notice shall contain a statement that a petition has been filed, and the date and location of the hearing. If the resolution was not initiated by petition of owners abutting the street, they shall be notified by mail as required by RCW 35.79.020. (Ord. 995 § 12 (Exh. A), 2015).
18.14.030 Report by community development department.
The community development department shall coordinate and assemble the comments and recommendations of other city departments, governmental agencies and other interested parties and shall prepare a report summarizing the factors involved and the department’s findings and recommendations. (Ord. 995 § 12 (Exh. A), 2015).
18.14.040 Hearing examiner or city council’s decision and recommendation – Findings required.
A. The hearing examiner or city council shall render a written decision which shall include findings of fact based upon the record created at the public hearing that support conclusions of law.
B. A copy of such decision, including findings and conclusions, shall be transmitted by electronic mail or first class mail to the applicant and other parties of record in the case who requested notice of the decision. (Ord. 995 § 12 (Exh. A), 2015).
18.14.050 Preliminary subdivisions.
A. When Required. A preliminary subdivision is required for the division of land into 25 or more lots for the purpose of sale, lease, or transfer of ownership, or for the division of land into 10 or more lots when a public hearing on an administrative subdivision is requested pursuant to RCW 58.17.095(1).
B. Decision Making Authority. The hearing examiner shall process preliminary subdivisions as provided in Chapter 18.10 YMC.
C. Criteria for Approval. A preliminary subdivision shall be approved if:
1. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other features assuring safe walking conditions for students who only walk to and from school;
2. The public use and interest will be served by the platting of such subdivision and any dedication;
3. The proposed subdivision is in conformity with applicable zoning and other development regulations;
4. Public facilities impacted by the proposed subdivision will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service;
5. The project is within an approved sewer service area with capacity to serve all lots within the subdivision.
D. Term. Approval of a preliminary subdivision shall be for five years from the date of approval. (Ord. 995 § 12 (Exh. A), 2015).
18.14.060 Special use.
A. When Required. A special use permit is required for any use identified as a special use in the zoning district in which it is located.
B. Decision Making Authority. The hearing examiner shall process special use permits as provided in Chapter 18.10 YMC.
C. Criteria for Approval. A special use shall be approved if:
1. The proposed use will not be contrary to the intent or purposes and regulations of the Unified Development Code or the Yelm comprehensive plan;
2. The proposal is appropriate in design, character and appearance with the goals and policies of the Yelm comprehensive plan;
3. The proposed use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval;
4. The proposal will be served by adequate facilities including access, fire protection, water, stormwater control, and sewage disposal facilities;
5. The location, size, and height of buildings, structures, walls and fences, and screening vegetation associated with the proposed use shall not unreasonably interfere with allowable development or use of neighboring properties;
6. The pedestrian and vehicular traffic associated with the special use will not be hazardous to existing and anticipated traffic in the neighborhood.
D. Term. Approval of a special use permit shall be effective for 18 months from the date of approval, unless construction has begun or civil plans have been approved, in which case the permit is effective until the expiration of civil plan approval or upon project completion, whichever is first. (Ord. 995 § 12 (Exh. A), 2015).
18.14.070 Binding site plans.
A. When Required. A binding site plan is required for the division of land into commercial or industrial pads.
B. Decision Making Authority. The hearing examiner shall process binding site plans as provided in Chapter 18.10 YMC.
C. Criteria for Approval. A binding site plan shall be approved if:
1. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other features assuring safe walking conditions for students who only walk to and from school;
2. The public use and interest will be served by the binding site plan and any dedication;
3. The proposed binding site plan is in conformity with applicable zoning and other development regulations;
4. Public facilities impacted by the proposed binding site plan will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service;
5. The project is within an approved sewer service area with capacity to serve all pads in the binding site plan;
6. If building pads contain property outside the exterior walls of the buildings, all standards of the Unified Development Code relating to property lines have been met.
D. Term. Approval of a binding site plan shall be for five years from the date of approval. (Ord. 995 § 12 (Exh. A), 2015).
18.14.080 Planned residential development.
A. When Required. A planned residential development overlay is required to vary from the development regulations of the zoning district in which it is located.
B. Decision Making Authority. The hearing examiner shall process planned residential developments as provided in Chapter 18.10 YMC.
C. Criteria for Approval. A planned residential development shall be approved if:
1. It is consistent with the goals and policies of the city of Yelm comprehensive plan;
2. It meets minimum requirements for fire and life safety;
3. It provides adequate provisions for utilities and other public services, roads, streets and sidewalks necessary to serve the needs of the development;
4. There are no unavoidable impacts to adjoining streets and neighborhoods;
5. The development creates no greater burden on present and public utilities and services than would result from traditional development;
6. The development is better than that resulting from traditional development.
D. Term. Approval of a planned residential development shall be for 18 months from the date of approval unless application for final or partial final has been filed. (Ord. 995 § 12 (Exh. A), 2015).
18.14.090 Mixed use development.
A. When Required. A mixed use development overlay allows for a mix of residential and commercial uses identified in the zoning district in which it is located.
B. Decision Making Authority. The hearing examiner shall process mixed use developments as provided in Chapter 18.10 YMC.
C. Criteria for Approval. A mixed use development shall be approved if:
1. It preserves or creates environmental amenities superior to those generally found in conventional development;
2. It preserves or creates usable open space for the enjoyment of the occupants;
3. It preserves to the greatest possible extent the natural characteristics of the land, including topography, natural vegetation, waterways, views, etc.;
4. Encourages development of a variety of housing types;
5. Provides for maximum efficiency in the layout of streets, utility networks and other public improvements;
6. The development will be served by adequate facilities including access, fire protection, water, stormwater control, and sewage disposal facilities;
7. The pedestrian and vehicular traffic associated with the development will not be hazardous to existing and anticipated traffic in the neighborhood; and
8. The proposal is consistent in design, character and appearance with the goals and policies of the Yelm comprehensive plan.
D. Term. Approval of a mixed use development shall be for 18 months from the date of approval unless application for final or partial final has been filed. (Ord. 995 § 12 (Exh. A), 2015).
18.14.100 Variances.
A. When Required. A variance is required to waive the design standards of the Unified Development Code, except where the waiver is an administrative variance.
B. Decision Making Authority. The hearing examiner shall process all variances as provided in Chapter 18.10 YMC.
C. Criteria for Approval. A variance shall be approved if:
1. Literal interpretation and application of provisions of this code would deprive the applicant of the rights commonly enjoyed by other properties in the same district;
2. A variance is necessary for the preservation and enjoyment of a property right possessed by other properties in the same vicinity or district, but which is denied to the property in question because of special circumstances on that property;
3. That the hardship described under this subsection is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features, and the application of this code, and not, for example, from deed restrictions or the applicant’s own actions;
4. The granting of the variance will not be materially detrimental to the public welfare or injurious to the right of other property owners in the vicinity; and
5. The variance will not permit a use prohibited by the Unified Development Code in the district in which the subject property is located.
6. For adult entertainment businesses, a variance from buffering requirements may be granted if the following criteria are met:
a. The extent to which the physical features would result in an effective separation in terms of visibility and access;
b. Compatibility with adjacent and surrounding land uses;
c. Ability to avoid the adult entertainment business by alternative vehicular and pedestrian routes.
D. Term. Approval of a variance shall be effective for 18 months from the date of approval, unless construction has begun and all other required permits have issued, in which case the permit is effective until the expiration of all other permits or upon project completion, whichever is first. (Ord. 995 § 12 (Exh. A), 2015).
18.14.110 Critical area exception.
A. When Required. A critical area exception is required to waive the standards of the critical areas code.
B. Decision Making Authority. The hearing examiner shall process all critical area exceptions as provided in Chapter 18.10 YMC.
C. Criteria for Approval. An exception shall be approved if:
1. The strict application of the critical areas code would deny all reasonable economic use of the subject property;
2. The exception request meets the exception and reasonable use criteria as listed in YMC 18.11.060.
D. Term. Approval of a critical area exception shall be effective for the approval term of the underlying project. (Ord. 995 § 12 (Exh. A), 2015).