Chapter 18.15
LEGISLATIVE REVIEW
Sections:
18.15.010 Legislative review – Generally.
18.15.030 Amendment of Unified Development Code.
18.15.040 Conceptual master planned development.
18.15.050 Final master planned development.
18.15.060 Yelm Historic Register listing.
18.15.070 Removal from Yelm Historic Register.
18.15.010 Legislative review – Generally.
The purpose of the legislative review process is to ensure that the creating of new policies or codes that have broad public impact are made by the city council after public input and a careful review process. Legislative review projects require public notice and a public hearing, and include:
A. Amendment of Unified Development Code;
B. Conceptual master planned development;
C. Final master planned development;
D. Historic register listing or removal. (Ord. 995 § 12 (Exh. A), 2015).
18.15.020 Public hearings.
A. Public Hearing Required. A public hearing shall be held by the planning commission, historic preservation commission, or hearing examiner prior to making a recommendation to the city council 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.
3. Posting the property.
C. Contents of Hearing Notice. All notices of public hearing shall include:
1. A description of the proposed amendment.
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. (Ord. 995 § 12 (Exh. A), 2015).
18.15.030 Amendment of Unified Development Code.
A. When Required. When one or more owners of property file an application with the city to amend the Unified Development Code, when the city council adopts a motion requesting the planning commission consider an amendment to the Unified Development Code, or when the planning commission or hearing examiner recommends the city council consider an amendment to the Unified Development Code.
B. Decision Making Authority. The city council acts on amending the Unified Development Code by ordinance, after receiving a recommendation from the planning commission or hearing examiner.
C. Criteria for Approval. Amendments to the Unified Development Code may be approved so long as the city council finds that the amendment is consistent with the goals and policies of the comprehensive plan, furthers the implementation of the comprehensive plan, and is in the public use and interest.
D. Term. Amendments to the Unified Development Code take effect five days after publication of the ordinance or a summary of the ordinance adopting the amendment. (Ord. 995 § 12 (Exh. A), 2015).
18.15.040 Conceptual master planned development.
A. When Required. A conceptual master planned development approval is required when a property owner or applicant wishes to establish general land use policies to guide detailed planning for and development of property identified as a master planned community by the official zoning map for the city of Yelm.
B. Decision Making Authority. The city council acts on a conceptual master planned development application, after receiving a recommendation from the hearing examiner.
C. Criteria for Approval. A conceptual master planned development may be approved so long as the city council finds that the conceptual plan is consistent with the goals and polices of the comprehensive plan, furthers the implementation of the comprehensive plan, and is in the public use and interest.
D. Term. A conceptual master planned development approval is effective for 10 years after approval by the city council; provided, that the approval shall be extended 10 years from the date of approval of every final master planned development within the master planned development.
Upon approval by the city council of a conceptual master planned development, the official zoning map shall be updated to include the proposed use districts, transportation routes, and case file number of the conceptual approval. (Ord. 995 § 12 (Exh. A), 2015).
18.15.050 Final master planned development.
A. When Required. A final master planned development approval is required when a property owner or applicant wishes to establish specific development standards within all or a portion of a conceptual master planned community.
B. Decision Making Authority. The city council acts on a final master planned development application, after receiving a recommendation from the hearing examiner.
C. Criteria for Approval. A final master planned development may be approved when the city council finds that the final master plan is consistent with the conceptual master planned development approval and complies with the goals and policies of the Yelm comprehensive plan, and the provisions of the Unified Development Code.
D. Term. A final master planned development approval is effective for five years after approval by the city council; provided, that the approval shall be extended three years from the date of approval of every project approval within the final master planned development. (Ord. 995 § 12 (Exh. A), 2015).
18.15.060 Yelm Historic Register listing.
A. When Required. Approval for inclusion to the Yelm Historic Register is required when there is a nomination from the historic preservation commission to place a property, building, or site on the Yelm Register of Historic Places.
B. Decision Making Authority. The city council acts on a Yelm Historic Register nomination after receiving a recommendation from the historic preservation commission.
C. Criteria for Approval. Any building, structure, site, object or district may be designated for inclusion in the Yelm Historic Register if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least 50 years old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories:
1. Is associated with events that have made a significant contribution to the broad patterns of national, state or local history;
2. Helps in the understanding of the history of the local area, state, or nation (whichever is applicable) by illuminating the local, statewide, or nationwide impact of the events or persons associated with the property, or its architectural type or style in information potential;
3. Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction;
4. Is an outstanding work of a designer, builder or architect who has made a substantial contribution to the art;
5. Exemplifies or reflects special elements of the city’s cultural, special, economic, political, aesthetic, engineering or architectural history;
6. Is associated with the lives of persons significant in national, state or local history;
7. Has yielded or may be likely to yield important archaeological information related to history or prehistory;
8. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the structure significantly associated with an historic person or event;
9. Is a birthplace or grave of an historical figure of outstanding importance;
10. Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns;
11. Is a reconstructed building that has been executed in an historically accurate manner on the original site; and
12. Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories.
D. Term. The listing on the Yelm Historical Register remains indefinitely unless the property is no longer deemed appropriate for designation to the register, or when a waiver of certificate of appropriateness is issued for the demolition of property on the register. (Ord. 995 § 12 (Exh. A), 2015).
18.15.070 Removal from Yelm Historic Register.
A. When Required. Approval is required to remove a property from the Yelm Historic Register.
B. Decision Making Authority. The city council acts on the removal of a property from the Yelm Historic Register after receiving a recommendation from the historic preservation commission.
C. Criteria for Approval. The historic preservation commission must determine that the property is no longer appropriate for designation to the register based on the following criteria.
1. When there is no alternative to demolition of property;
2. When the property becomes a hazard to public safety; or
3. When the listing of the property becomes a financial burden to the property owner.
D. Term. The removal of designation from the register is permanent, unless other historic relevance of the site is found, and requested to be listed again. (Ord. 995 § 12 (Exh. A), 2015).