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R1 ~ LL f~4m=0~ ~C~ v^^^ E^^ ^ ^ • ~ OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: YCOM VIDEO PROJECT SPECIAL USE PERMIT CUP-04-0043-YL APPLICANT: YCOM Networks, Inc. P.O. Box 593 Yelm, WA 98597 SUMMARY OF REQUEST: The applicant is requesting a special use permit and site plan review approval to construct a 24'x 20' equipment storage building, a 100-foot tall antenna, and a satellite earth station. The property is adjacent to the YCOM Networks building. SUMMARY OF DECISION: Request granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on June 7, 2004, at 9:00 a.m. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: EXHIBIT "1" - Planning and Community Development Staff Report and Attachments TAMI MERRIMAN appeared, presented the Planning and Community Development Staff Report, and testified that the project is exempt from SEPA review. Chapter 17.66 of the code covers special uses. Staff evaluated the height of the antenna and the possible use -1- of the 125 foot tall water tower across the street. However, the applicant could not use the tower due to reception interference caused by its metal surface. Conditions require a 15 foot wide landscape buffer around the site. The tower constitutes an accessory use to an existing business and will generate no new traffic, so the applicant will not pay the transportation facility charge. However, it will construct half street improvements on Washington Avenue across the project frontage. YCOM and the City share a parking lot and this project will not create the need for more parking spaces. It will also not require sewer or water connections. The applicant will install a planter strip and plant trees along the road. Staff finds that the project meets all requirements. KEN BECKMAN, operations manager, appeared and declared himself available for questions. MICHAEL BROWN appeared and testified that the tower will receive signals from Seattle and other areas which generates the need for the 100 foot height. They provided no type of TV service at present. MS. MERRIMAN reappeared and testified that half street improvements will include widening of drive lanes as the road does not meet standards. Since impervious surfaces will not reach 5,000 square feet, the applicant will not need to provide a full storm drainage plan. MR. BROWN then reappeared and testified that they will use a triangular pole which will diminish in diameter as it goes up. They will not need to install other facilities to provide the service as they will run it over existing telephone fines. They will not need to bury facilities throughout the town. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:15 a.m. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS CONCLUSIONS AND DECISION: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. This request is exempt from review under SEPA. 3. Notice of the public hearing was posted on site, and mailed to interested parties and -2- property owners within 300 feet on May 21, 2004, and was published in the Nisqually Valley News on May 28, 2004. 4. The applicant has a possessory ownership interest in a rectangular, 9,000 square foot parcel of property abutting the north side of Washington Street with an address of 200 Washington Street within the City of Yelm. The applicant requests a special use permit to allow improvement of the site with a 480 square foot equipment building, satellite earth station, generator, above ground propane tank, and a 100 foot tall receiving antenna which will allow the applicant to provide TV service. 5. The site plan shows access from Washington Street via a driveway in the eastern portion of the site, and a gravel area is located adjacent to the southern portion of the building. The satellite base station and tower are located to the rear of the equipment building in the north-central portion of the site. A 15 foot wide landscape screening buffer extends along the eastern and northern property lines adjacent to the tower and satellite station. The applicant proposes an eight foot wide, triangular shaped tower which will narrow as it rises. The bracket design allows for less sight obstruction. 6. Uses in the vicinity include City utility buildings and a 125 foot tall, steel water tower across Washington Street to the south. The applicant cannot locate the antenna on the water tower due to interference caused by the metal structure, and because the the antenna must be located directly adjacent to the equipment building. Parcels to the west and northwest are improved with commercial uses, and the parcel to the east is vacant. The site and all abutting properties are located in the Central Business District (CBD) zone classification of the Yelm Municipal Code (YMC). 7. Section 17.24.010 YMC sets forth the intent of the CBD as providing an area of high intensity uses or mixture of uses for general commercial, retail, service, and multi- dwelling activities. Uses allowed outright include motels/hotels, government offices, on-site treatment and storage facilities for hazardous wastes, restaurants, bars, taverns, lounges, and transportation terminals. Section 17.66.020 YMC authorizes public utilities and appurtenances to include "radio, television, or telephone stations, exchanges, transmitting, receiving, or relay structures..." as special uses in the CBD zone classification. The proposed use is consistent with outright permitted uses in the CBD classification as set forth above. 8. As previously found, the parcel abuts Washington Street, and even though the use will not generate additional traffic, the applicant will improve Washington Street to current standards across the plat frontage which will include curbs, gutters, sidewalks, and bicycle lanes. However, the applicant will not make transportation facility improvement payments. The project does not require parking, but a parking lot across the street and used by the City and YCOM Networks can accommodate -3- maintenance workers and/or employees. 9. The project does not require either water or sanitary sewer service, and the limited amount of impervious surfaces will not generate the need for a full storm drainage plan. The City will review fire protection through civil plan and building permit review. 10. City design guidelines prohibit chain link fencing in prominent locations visible from frontage streets. However, the development will create safety issues if not protected by security fencing. Utilities employ chain link fencing to prohibit access to sites and thereby protect the public. The applicant proposes to install chain link fencing around the structures needing protection. Said fence will measure more than 50 feet from Washington Street, and will be screened by a Type 1 landscape buffer around the perimeter. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the request for a special use permit makes appropriate provision for the public health, safety, and general welfare for drainage ways, streets, potable water supplies and sanitary waste; and is in conformance with the Yelm/Thurston County Joint Comprehensive Plan, all requirements of the City zoning code, and all requirements of the Development and Design Guidelines. 3. The special use permit should be approved subject to the following conditions: 1. The applicant shall make on-site and frontage improvements consistent with City standards. Improvements for Washington Ave. SE shall be reviewed by the City of Yelm Community Development Department to determine the standard for construction. 2. The applicant shall design and construct all stormwater facilities in accordance with the DOE Manual, as adopted by the City of Yelm. Best Management Practices are required during and post construction. 3. The applicant shall show demonstrate how stormwater treatment meets City Standards. 4. The applicant shall provide fora 15' dense "Type I" landscape buffer along the perimeter of the property. 5. The applicant may install chain link fencing surrounding the equipment area. -4- The fencing shall be screened by Type I landscaping. 6. A final landscape and irrigation plan must be submitted with civil plan submission. 7. The applicant shall provide for a Type III landscaping with required frontage improvements. 8. The applicant shall submit a final landscape and irrigation plan, pursuant to Chapter 17.80, to the Community Development Department for review and approval. DECISION: The request for a special use permit to allow construction of a 100 foot tall, receiving antenna, 480 square foot equipment building, and satellite earth station at a site located at 200 Washington Street within the City of Yelm is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 14th day of June, 2004. P N .CAUSSEAUX,JR. Hearing Examiner TRANSMITTED this 14th day of June, to the following: APPLICANT: YCOM Networks, Inc. P.O. Box 593 Yelm, WA 98597 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 -5- CASE NO.: YCOM VIDEO PROJECT SPECIAL USE PERMIT CUP-04-0043-YL NOTICE 1. RECONSIDERATION: Any interested party or agency of record, oral or written, that disagrees with the decision of the hearing examiner may make a written request for reconsideration by the hearing examiner. Said request shall set forth specific errors relating to: A. Erroneous procedures; B. Errors of law objected to at the public hearing by the person requesting reconsideration; C. Incomplete record; D. An error in interpreting the comprehensive plan or other relevant material; or E. Newly discovered material evidence which was not available at the time of the hearing. The term "new evidence" shall mean only evidence discovered after the hearing held by the hearing examiner and shall not include evidence which was available or which could reasonably have been available and simply not presented at the hearing for whatever reason. The request must be filed no later than 4:30 p.m. on June 28. 2004 (10 days from mailing) with the Community Development Department 105 Yelm Avenue West, Yelm, WA 98597. This request shall set forth the bases for reconsideration as limited by the above. -6- The hearing examiner shall review said request in light of the record and take such further action as he deems proper. The hearing examiner may request further information which shall be provided within 10 days of the request. 2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner may be appealed to the city council, by any aggrieved person or agency of record, oral or written that disagrees with the decision of the hearing examiner, except threshold determinations (YMC 15.49.160) in accordance with Section 2.26.150 of the Yelm Municipal Code (YMC). NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration, please attach this page to the request for reconsideration. -~- OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: YCOM VIDEO PROJECT SPECIAL USE PERMIT CUP-04-0043-YL APPLICANT: YCOM Networks, Inc. P.O. Box 593 Yelm, WA 98597 SUMMARY OF REQUEST: The applicant is requesting a special use permit and site plan review approval to construct a 24'x 20' equipment storage building, a 100-foot tall antenna, and a satellite earth station. The property is adjacent to the YCOM Networks building. SUMMARY OF DECISION: Request granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on June 7, 2004, at 9:00 a.m. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: EXHIBIT "1" - Planning and Community Development Staff Report and Attachments TAMI MERRIMAN appeared, presented the Planning and Community Development Staff Report, and testified that the project is exempt from SEPA review. Chapter 17.66 of the code covers special uses. Staff evaluated the height of the antenna and the possible use -1- of the 125 foot tall water tower across the street. However, the applicant could not use the tower due to reception interference caused by its metal surface. Conditions require a 15 foot wide landscape buffer around the site. The tower constitutes an accessory use to an existing business and will generate no new traffic, so the applicant will not pay the transportation facility charge. However, it will construct half street improvements on Washington Avenue across the project frontage. YCOM and the City share a parking lot and this project will not create the need for more parking spaces. It will also not require sewer or water connections. The applicant will install a planter strip and plant trees along the road. Staff finds that the project meets all requirements. KEN BECKMAN, operations manager, appeared and declared himself available for questions. MICHAEL BROWN appeared and testified that the tower will receive signals from Seattle and other areas which generates the need for the 100 foot height. They provided no type of TV service at present. MS. MERRIMAN reappeared and testified that half street improvements will include widening of drive lanes as the road does not meet standards. Since impervious surfaces will not reach 5,000 square feet, the applicant will not need to provide a full storm drainage plan. MR. BROWN then reappeared and testified that they will use a triangular pole which will diminish in diameter as it goes up. They will not need to install other facilities to provide the service as they will run it over existing telephone lines. They will not need to bury facilities throughout the town. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:15 a.m. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS, CONCLUSIONS AND DECISION: FiNniN~s~ 1. The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. This request is exempt from review under SEPA. 3. Notice of the public hearing was posted on site, and mailed to interested parties and -2- property owners within 300 feet on May 21, 2004, and was published in the Nisqually Valley News on May 28, 2004. 4. The applicant has a possessory ownership interest in a rectangular, 9,000 square foot parcel of property abutting the north side of Washington Street with an address of 200 Washington Street within the City of Yelm. The applicant requests a special use permit to allow improvement of the site with a 480 square foot equipment building, satellite earth station, generator, above ground propane tank, and a 100 foot tall receiving antenna which will allow the applicant to provide TV service. 5. The site plan shows access from Washington Street via a driveway in the eastern portion of the site, and a gravel area is located adjacent to the southern portion of the building. The satellite base station and tower are located to the rear of the equipment building in the north-central portion of the site. A 15 foot wide landscape screening buffer extends along the eastern and northern property lines adjacent to the tower and satellite station. The applicant proposes an eight foot wide, triangular shaped tower which will narrow as it rises. The bracket design allows for less sight obstruction. 6. Uses in the vicinity include City utility buildings and a 125 foot tall, steel water tower across Washington Street to the south. The applicant cannot locate the antenna on the water tower due to interference caused by the metal structure, and because the the antenna must be located directly adjacent to the equipment building. Parcels to the west and northwest are improved with commercial uses, and the parcel to the east is vacant. The site and all abutting properties are located in the Central Business District (CBD) zone classification of the Yelm Municipal Code (YMC). 7. Section 17.24.010 YMC sets forth the intent of the CBD as providing an area of high intensity uses or mixture of uses for general commercial, retail, service, and multi- dwelling activities. Uses allowed outright include motels/hotels, government offices, on-site treatment and storage facilities for hazardous wastes, restaurants, bars, taverns, lounges, and transportation terminals. Section 17.66.020 YMC authorizes public utilities and appurtenances to include "radio, television, or telephone stations, exchanges, transmitting, receiving, or relay structures..." as special uses in the CBD zone classification. The proposed use is consistent with outright permitted uses in the CBD classification as set forth above. 8. As previously found, the parcel abuts Washington Street, and even though the use will not generate additional traffic, the applicant will improve Washington Street to current standards across the plat frontage which will include curbs, gutters, sidewalks, and bicycle lanes. However, the applicant will not make transportation facility improvement payments. The project does not require parking, but a parking lot across the street and used by the City and YCOM Networks can accommodate -3- maintenance workers and/or employees. 9. The project does not require either water or sanitary sewer service, and the limited amount of impervious surfaces will not generate the need for a full storm drainage plan. The City will review fire protection through civil plan and building permit review. 10. City design guidelines prohibit chain link fencing in prominent locations visible from frontage streets. However, the development will create safety issues if not protected by security fencing. Utilities employ chain link fencing to prohibit access to sites and thereby protect the public. The applicant proposes to install chain link fencing around the structures needing protection. Said fence will measure more than 50 feet from Washington Street, and will be screened by a Type 1 landscape buffer around the perimeter. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the request for a special use permit makes appropriate provision for the public health, safety, and general welfare for drainage ways, streets, potable water supplies and sanitary waste; and is in conformance with the Yelm/Thurston County Joint Comprehensive Plan, all requirements of the City zoning code, and all requirements of the Development and Design Guidelines. 3. The special use permit should be approved subject to the following conditions: 1. The applicant shall make on-site and frontage improvements consistent with City standards. Improvements for Washington Ave. SE shall be reviewed by the City of Yelm Community Development Department to determine the standard for construction. 2. The applicant shall design and construct all stormwater facilities in accordance with the DOE Manual, as adopted by the City of Yelm. Best Management Practices are required during and post construction. 3. The applicant shall show demonstrate how stormwater treatment meets City Standards. 4. The applicant shall provide fora 15' dense "Type I" landscape buffer along the perimeter of the property. 5. The applicant may install chain link fencing surrounding the equipment area. -4- The fencing shall be screened by Type I landscaping. 6. A final landscape and irrigation plan must be submitted with civil plan submission. 7. The applicant shall provide for a Type III landscaping with required frontage improvements. 8. The applicant shall submit a final landscape and irrigation plan, pursuant to Chapter 17.80, to the Community Development Department for review and approval. DECISION' The request for a special use permit to allow construction of a 100 foot tall, receiving antenna, 480 square foot equipment building, and satellite earth station at a site located at 200 Washington Street within the City of Yelm is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 14`h day of June, 2004. P N . CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 14'h day of June, to the following: APPLICANT: YCOM Networks, Inc. P.O. Box 593 Yelm, WA 98597 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 -5- CASE NO.: YCOM VIDEO PROJECT SPECIAL USE PERMIT CUP-04-0043-YL NOTICE 1. RECONSIDERATION: Any interested party or agency of record, oral or written, that disagrees with the decision of the hearing examiner may make a written request for reconsideration by the hearing examiner. Said request shall set forth specific errors relating to: A. Erroneous procedures; B. Errors of law objected to at the public hearing by the person requesting reconsideration; C. Incomplete record; D. An error in interpreting the comprehensive plan or other relevant material; or E. Newly discovered material evidence which was not available at the time of the hearing. The term "new evidence" shall mean only evidence discovered after the hearing held by the hearing examiner and shall not include evidence which was available or which could reasonably have been available and simply not presented at the hearing for whatever reason. The request must be filed no later than 4:30 p.m. on June 28, 2004 (10 days from mailing) with the Community Development Department 105 Yelm Avenue West, Yelm, WA 98597. This request shall set forth the bases for reconsideration as limited by the above. -6- The hearing examiner shall review said request in light of the record and take such further action as he deems proper. The hearing examiner may request further information which shall be provided within 10 days of the request. 2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner may be appealed to the city council, by any aggrieved person or agency of record, oral or written that disagrees with the decision of the hearing examiner, except threshold determinations (YMC 15.49.160) in accordance with Section 2.26.150 of the Yelm Municipal Code (YMC). NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration, please attach this page to the request for reconsideration. -~- of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 To: Stephen Causseaux, Jr., Hearing Examiner From: Tami Merriman, Assistant Planner Date: March 21, 2004 Subject: YCOM Video Project Special Use Permit CSJP- -0043- _._~ List of Exhibits: '~~ ~ Exhibit I Site Plan ;~ ~~a ~. Exhibit II Notice of Application r ~ , Exhibit III Public Hearing Notice ~ ~~~ '~ .- ~ _ .~~._ Applicant: YCOM Networks, Inc. P.O. Box 593 Yelm, WA 98597 Background: The applicant has applied for a Special Use permit, and Site Plan Review to construct a 24' x 20' equipment storage building, a 100-foot tall antenna, and a satellite earth station. The property is adjacent to the YCOM Networks building. Notice of application for this project was mailed to interested parties, and property owners within 300-feet of the site on April 8, 2004. The project is exempt from environmental review. Notice of the public hearing was posted on site, and mailed to interested parties and property owners within 300-feet on May 21, 2004, and published in the Nisqually Valley News on May 28, 2004. The Site Plan Review Committee has considered the application for the above referenced project, and finds that as conditioned below, the proposed project is consistent with the Yelm Comprehensive Plan, the Shoreline Master Program for the Thurston Region, and all applicable City policies and development standards. Summary: Staff recommends approval of the proposal, subject to the conditions listed in this report. (360) 1.58-3835 (360) 1,58-311~I FAX 1. Existing Land Use and Zoning. The site is zoned Central Business District (CBD), YMC Chapter 17.24. In the CBD zone, Special Uses are allowed as provided for in Chapter 17.66, Special Uses. Radio, television, or telephone stations, exchanges, transmitting, receiving, or relay structures are listed as a special use in Chapter 17.66. 2. Lot Size and Setbacks: At this time, the property is unimproved. The CBD does not have a minimum lot size or expressed setback requirements. It is the intent of this zone to allow for more flexibility in development of the downtown area. The maximum height of buildings shall be 40 feet. The proposed antenna tower is 100' tall. The property directly across the street houses the City's utility buildings, and a water tower that is approximately 125 feet tall. The applicant researched the possibility of using the existing water tower to attach their antenna. However, they found that the television antenna needs to be located away from any solid metal material, such as the side of the water tower to assure reception of signal. Also, the antenna, and satellite station must be located adjacent to the technical equipment that will be housed in the proposed 20 x 24 building. The distance from the water tower, and the road crossing prevents the applicant from locating the antenna on the water tower. The antenna tower is 8'wide at the base, and continues to narrow at it rises up. The bracketed design allows for less sight obstruction. The proposed tower is 25 feet shorter than the water tower. A 15-foot landscape buffer is required around the perimeter of the site, to alleviate visibility at a human scale level. The proposal meets current minimum setbacks and:lot size requirements. Antenna's and similar appurtenances are exempt from the building height restriction. Landscaping requirements will lessen visibility at a lower level. 3. Adjacent Land Uses and Zoning. The properties directly adjacent to this site are zoned CBD. Directly southwest, and across the street is a City owned parcel, which contains a water tower, and utility storage buildings. The properties to the west, and northwest are commercial uses. The property to the east is vacant. The surrounding properties compatibly zoned, and perimeter landscape buffers will be required. Chapter 17.66 special uses require a 15-foot Type I dense landscape buffer around the perimeter of the site. This is reflected in the landscaping section. The surrounding properties are compatibly zoned. Chapter 17.66 requires a 15-foot Type I dense landscape buffer around the perimeter of the site. 2 4. Transportation and Site Access. Yelm is a small compact community most directly affected by two state highways which bisect the community. The two state highways are used by local residents for transportation throughout the city and for access to commercial and residential areas throughout the community. In lieu of widening existing streets, the City has elected to create certain alternatives, Y-1, Y-2, Y-3, which will avoid the need to significantly widen existing streets, and particularly Yelm Avenue. New developments do in fact burden the city's central streets, and unless the bypass alternatives are accomplished, the City would have to require developers to pay the cost of the internal street widening. The city plans show, and the City finds that adequate facilities will be accomplished better and in a timely fashion by bypass facilities as a substitute for the widening of existing facilities. As a result, the City finds that the regional plans benefit projects in all areas of the City and will accomplish the goal of providing adequate facilities to City standards within a reasonable time to serve the demands created by the proposed project. The project borders on Washington Ave. SE to the south, and an alleyway to the north. Washington Ave. SE, as it fronts the YCOM commercial building to the west was improved to standards that are different than current street standards. Frontage improvements for Washington Ave. SE, shall be required, however, shall be reviewed by the City Engineer to determine how the two standards shall be constructed. The City of Yelm 2001 Comprehensive Transportation Plan Update lists Goals and Policies relating to transportation impacts. #30. Funding Sources Policy provides methods for financing transportation projects, and includes a policy that "requires impact mitigation payments, or seek voluntary contributions from developers". The City of Yelm Concurrency Management ordinance also describes mitigation measures for impacts to the City's transportation system by requiring the project to make a contribution to the facilities identified in off-site comprehensive transportation plan, in the form of a transportation facility charge. This use does not generate additional traffic, as it is a utility station, and accessory use to the existing YCOM Networks facility. Chapter 15.40 Concurrency Management provides for mitigation measures for impacts_ to the Cit 's transportation system. Chapter 15.40.020(5)(x) states that " e project Yna <es on-site, anc~fron provements, consistent with City standard for utilities, curbs, gutters, sidewalks, bicycle lanes where appropriate, and roads necessary to serve the proposed project consistent with safety and public interest. Site Plan Review requires frontage improvements. The City of Yelm has created mitigation measures through its Municipal Code, Comprehensive Transportation Plan, and Development Guidelines. 3 5. Parking. This utility station does not require parking. There is a parking lot across the street that is shared by the City and YCOM Networks, and can be used for employee parking and access to the site. Off-street parking for this project is not required. 6. Water Supply. The City's Water Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas for approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in pace - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Any necessary water rights are considered, only after approved for municipal use by the Washington State Department of Ecology, or appropriate appeals board, and the time for appeal or challenge has expired. The site is in the City's water service area but is currently not connected to the City's Water system. As an accessory use to the YCOM Networks business does not require water service. The proposed development to this site does not create an impact on the City's water system. 7. Wastewater: The city's Sewer Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas for approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in place - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. The site is in the City's sewer service area but is currently not connected to the City's sewer system. As an accessory use to the YCOM Networks business does not require sewer service. The proposed development to this site does not create an impact on the City's sewer system. 4 8. Drainage/Stormwater: The completed project will increase the amount of impervious surface on the site, and on the adjacent streets. Impervious surfaces create stormwater runoff. Uncontrolled and untreated stormwater runoff can create health and safety hazards. YMC requires all development to comply with the adopted City Stormwater Manual. 9. Fire Fire protection to the buildings must be provided per the Uniform Fire Code. Requirements for installation of fire hydrants, fire lanes, or sprinkler systems will be determined in civil plan, and building permit review. Fire protection will be reviewed and approved through civil plan, and building permit review. 10. Landscaping, Development Guidelines, and Design Guidelines. Landscaping and screening are necessary to promote safety, to provide screening between compatible land uses, to safeguard privacy and to protect the aesthetic assets of the City. Section 17.80.030 YMC requires that utility substations, and communication relay stations to provide a Type I, 15-foot dense sight barrier around the perimeter of the site. Design Guidelines IV.E.(2) states that chain link fencing is prohibited in prominent locations visible from the frontage street. This site poses safety issues if not protected by fencing. Most utility areas use chain link fencing to prohibit access to the site to protect persons from entering the site. The YCOM Networks building adjacent to this site has a landscape border of evergreen trees that very effectively screens the side of the property. The applicant has proposed setting the building, tower, and satellite away from the street frontage, with chain link fencing located more than 50-feet from the frontage street. The applicant proposes to install the Type I dense landscape buffer around the perimeter of the site and fence line. The applicant has shown that the Type I landscape buffer around the site as required. Assuring that the buffer is dense with evergreens, and placing the chain link fence far from the frontage street will effectively screen the chain link fence from site. Public safety is of utmost importance, and fencing to protect the public is necessary. Conclusion: Based on the conceptual plan as proposed by the applicant, the analysis above, and the conditions described below, staff finds that the project: Adequately provides for the public health, safety and general welfare, and for drainage ways, streets, potable water supplies, sanitary wastes; and 5 The project is in conformance with The Yelm-Thurston County Joint Comprehensive Plan, the City Zoning Ordinance, and the City's Development and Design Guidelines. Conditions of Approval: The applicant shall make on-site and frontage improvements consistent with City standards. Improvements for Washington Ave. SE shall be reviewed by the City of Yelm Community Development Department to determine the standard for construction. 2. The applicant shall design and construct all stormwater facilities in accordance with the DOE Manual, as adopted by the City of Yelm. Best Management Practices are required during and post construction. 3. The applicant shall show demonstrate how stormwater treatment meets City Standards. 4. The applicant shall provide fora 15' dense "Type I" landscape buffer along the perimeter of the property. 5. The applicant may install chain link fencing surrounding the equipment area. The fencing shall be screened by Type I landscaping. 6. A final landscape and irrigation plan must be submitted with civil plan submission. 7. The applicant shall provide for a Type I11 landscaping with required frontage improvements. 8. The applicant shall submit a final landscape and irrigation plan, pursuant to Chapter 17.80, to the Community Development Department for review and approval. Staff Recommendation: Based on the Analysis, and Conditions of Approval, staff finds that project, as conditioned, meets the City's minimum requirements and standards. Staff recommends that the Hearing Examiner approve CUP-04-0043-YL, as proposed and conditioned herein. 6 ~~ ,~~ T~ ti ~4~ ~~ ~~~ YEI.:TrI WASHI N GT13N CI~'Y OF YELI+JI PO Box 479 Yelm WA 98597 360-458-3835 NOTICE OF APPLICATION Mailed on: April 8. 2004 PROJECT NAME AND LOCATION: YCOM Video Project 200 Washington Street SE, Yelm, WA LAND USE CASE: CUP-04-0043-YL An application submitted by YCOM Networks, P.O. Box 593, Yelm, WA 98597, for the above referenced project was received by the City of Yelm on April 2, 2004. The City has determined the application to be complete on April 8, 2004. The application and any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: Construct a 24' x 20' equipment building, a 100' tall antenna to receive off air television signals, and a satellite earth station to receive satellite video signals. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: A Site Plan and structural information was submitted with the application. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm WA 98597, 360- 458-3835. THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON APRIL 23, 2004 This notice has been provided to appropriate local and state agencies, and property owners within 300 feet of the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there will be a 14-day public comment period if an environmental determination is issued. Opportunities for appeal occur within twenty one (21) days after the date the environmental determination is issued. City Council decision can be appealed through Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final Decision. R:\Pmjccl rilcs'.CUi' Conditional lase Pcrmi[`,04-00-13 ti'CO\4 Vidco`•.Noticc of ~\pplication.doc V ~ ~ ~ ~ i . .': .:. . :i . .. f ` r .. -~ ?....,. ~'~.~ 4.. ikSTA't. i F`E ! tl~Yltt,(1 G ~ - c 1N$i 11 7Y'"e. 1 iA7NS:.M1fR17G, ~ , ~ .,~°- ~}., .: . :. • .. ~ .~ 0' C}L4IN LIN1t FENCE :'. .. 11.. ) l~._~! •' .: ~' .. . ~`. X1:1.- '~ f'l ~~ , \{_ fY~\ f ~~:,L~ t~ ~ f- .~ ' . >ti '~ti . ' 3 ~~ ~_~ _ !^~`~ ~} ~ ~~"''l. p~13 ~~ ~ ~ \ . .~ m p o m ~.~ Z N to 4 ~) ~ ~ '~ "~ ~ ' CJI . 70 tTl ~ ~ ~ I • ~ ~ ,, ~ ~ cyP `k . t ~_~- 9r,P _ ~. . t.. \~~ ~~at ~~ ~~~~ _'r'~ J -.n^~~ _~~.1 ~~. ~,> ~k._.~-~ h _~ ~\ 1 .~.~ r"n } ~~ .g '{~..~ ei ~~~ ~ ~,y1 ~S ~r . n ~ ~` ,,, ~' ~: < _,~._ `~.``k: :` ~ .. 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Box 479 YELM Yelm, WA 98597 WGSNINGTON NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, June 7, 2004, 9:00 a.m. PLACE: Yelm Public Works, 901 Rhoton Road, Yelm WA PURPOSE: Public Hearing to receive comments regarding the Conditional Use Permit application for the construction of a equipment storage building, satellite station, and 100' tall antenna. Case #CUP-04-0043-YL APPLICANT: YCOM Networks, Inc PROJECT LOCATION: 208 Washington Street SE, Yelm, WA 98597 The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the Conditional Use Permit Application for the above referenced project. The Hearing Examiner will make a decision on the matter within 10 days after the hearing. Testimony may be given at the hearing, or through written comments on the proposal, received by the close of the public hearing on Monday, June 7, 2004. Such written comments may be submitted to the City of Yelm at the address shown above, or mailed to the City of Yelm Community Development Department, PO Box 479, Yelm WA 98597. Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please contact Tami Merriman at (360) 458-3835. The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate in this hearing, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting. ATTEST: City of Yelm Agnes Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, May 28, 2004 Mailed to Adjacent Property Owners and Posted in Public Places: May 25, 2004. (360) 4:i8-3831 (360) X1.58-3144 FAX zuuun.ci.yelm.wa.us ~-~ G ~~ ~~ ~~~ , .~______ ~~ ~ _ ~ ~2~~ ~~~ ~~/Cl~i, Gam' ~ ..iZ~~G='~-~s~ f~~~ _ i~ ,~~ ./G~6~'~z l '~ ~ ~~~1 _ ~'~'~ ~`y~~~l .,. ~~ •c L'am`- `' ~` ` _ ~ ..~~,~~--~. r .~ ~- l ` :~ 6. ~~ 13-~~ ~~ ~~ ~~ ~~ ~. Gc ~ ~1 ~~ ~ l ~ ~ ~ ~ %~i L 1~~~ r~'~.-nom" ~ ~~~~ ~'~-~ . ~... ~~ i~i~~G ~1/~ / ~ !~~ i~~~ i~ Gam- rte.- ~~ ~~,~ ~~-~ YCOM Networks applied to the City of Yelm for a Conditional Use Permit to construct a 100-foot antenna, a satellite earth station antenna, and an equipment building. The tower and satellite are receivers for television satellite signals. The signals are then routed to YCOM's cable lines to transmit television signals to local residents. City staff review of the proposal recommended certain conditions to approve the location of the antennas and utility station. These include: Street frontage improvements to Washington Ave. SE, with appropriate stormwater treatment. A 15-foot perimeter landscape buffer to provide screening from a human scale. A chain link fence would be allowed around the antennas and building, but effectively screened behind the perimeter landscape requirement. YCOM Networks Chronological Order of Events • April 2, 2004 -Application for Conditional Use Permit submitted to City. • April 8, 2004 -Notice of Application with site plan mailed to local and state agencies, and property owners within 300-feet of the project site. (See Attached) • May 25, 2005 Public Hearing Notice mailed to property owners within 300-feet of the project site, posted at City Hall and the Library, and posted on the site. • May 28, 2004 -Public Hearing Notice published in the Nisqually Valley News Legal Notice. • June 7, 2004 -Public Hearing held at the public works facility. (no public in attendance.) VISITOR SIGN IN SHEET Please sign in and indicate if you wish to speak at this meeting or to be added to the mailing list to receive future agendas and minutes. ALL CITY HEARING EXAMINER MEETINGS ARE AUDIO TAPED. FOR INFORMATION ON OBTAINING A COPY PLEASE CALL YELM COMMUNITY DEVELOPMENT DEPARTMENT AT 360-458-3835 MEETING: YELM HEARING EXAMINER DATE: JUNE 7, 2004 TIME: 9:00 AM LOCATION: YELM PUBLIC WORKS Hearing: 1. YCOM Networks Special Use Permit, Case #CUP-04-0043-YL 2. Autumn Hill Phase II Preliminary Subdivision, Case #SUB-04-0036-YL NAME & ADDRESS MAILING LIST? /SPEAKER? (Indicate which public hearing by the assigned numbers above) NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, June 7, 2004, 9:00 a.m. PLACE: Yelm Public Works, 901 Rhoton Road, Yelm WA PURPOSE: Public Hearing to receive comments regarding the Conditional Use Permit application for the construction of a equipment storage building, satellite station, and 100' tall antenna. Case #CUP-04-0043-YL APPLICANT: YCOM Networks, Inc PROJECT LOCATION: 208 Washington Street SE, Yelm, WA 98597 The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the Conditional Use Permit Application for the above referenced project. The Hearing Examiner will make a decision on the matter within 10 days after the hearing. Testimony may be given at the hearing, or through written comments on the proposal, received by the close of the public hearing on Monday, June 7, 2004. Such written comments may be submitted to the City of Yelm at the address shown above, or mailed to the City of Yelm Community Development Department, PO Box 479, Yelm WA 98597. Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please contact Tami Merriman at (360) 458-3835. The City of Yelm provides reasonable accommodations `to persons with disabilities. If you need special accommodations to attend or participate in this hearing, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting. ATTEST: City of Yelm Agnes Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, May 28, 2004 Mailed to Adjacent Property Owners and Posted in Public Places: May 25, 2004. (360) 4.58-38.3.5 (360) 158-3144 FAX wmw.ci.yelm.tuaus To: From Date: 1D5 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Stephen Causseaux, Jr., Hearing Examiner Tami Merriman, Assistant Planner March 21, 2004 Subject: YCOM Video Project Special Use Permit CUP-040043-YL List of Exhibits: Exhibit I Site Plan Exhibit II Notice of Application Exhibit III Public Hearing Notice Applicant: YCOM Networks, Inc. P.O. Box 593 Yelm, WA 98597 Background: The applicant has applied for a Special Use permit, and Site Plan Review to construct a 24' x 20' equipment storage building, a 100-foot tall antenna, and a satellite earth station. The property is adjacent to the YCOM Networks building. Notice of application for this project was mailed to interested parties, and property owners within 300-feet of the site on April 8, 2004. The project is exempt from environmental review. Notice of the public hearing was posted on site, and mailed to interested parties and property owners within 300-feet on May 21, 2004, and published in the Nisqually Valley News on May 28, 2004. The Site Plan Review Committee has considered the application for the above referenced project, and finds that as conditioned below, the proposed project is consistent with the Yelm Comprehensive Plan, the Shoreline Master Program for the Thurston Region, and all applicable City policies and development standards. Summary: Staff recommends approval of the proposal, subject to the conditions listed in this report. Community Development Department (360) 458-3835 (360) 458-3144 FAX 1. Existing Land Use and Zoning. The site is zoned Central Business District (CBD), YMC Chapter 17.24. In the CBD zone, Special Uses are allowed as provided for in Chapter 17.66, Special Uses. Radio, television, or telephone stations, exchanges, transmitting, receiving, or relay structures are listed as a special use in Chapter 17.66. 2. Lot Size and Setbacks: At this time, the property is unimproved. The CBD does not have a minimum lot size or expressed setback requirements. It is the intent of this zone to allow for more flexibility in development of the downtown area. The maximum height of buildings shall be 40 feet. The proposed antenna tower is 100' tall. The property directly across the street houses the City's utility buildings, and a water tower that is approximately 125 feet tall. The applicant researched the possibility of using the existing water tower to attach their antenna. However, they found that the television antenna needs to be located away from any solid metal material, such as the side of the water tower to assure reception of signal. Also, the antenna, and satellite station must be located adjacent to the technical equipment that will be housed in the proposed 20 x 24 building. The distance from the water tower, and the road crossing prevents the applicant from locating the antenna on the water tower. The antenna tower is 8'wide at the base, and continues to narrow at it rises up. The bracketed design allows for less sight obstruction. The proposed tower is 25 feet shorter than the water tower. A 15-foot landscape buffer is required around the perimeter of the site, to alleviate visibility at a human scale level. The proposal meets current minimum setbacks and lot size requirements. Antenna's and similar appurtenances are exempt from the building height restriction. Landscaping requirements will lessen visibility at a lower level. 3. Adjacent Land Uses and Zoning. The properties directly adjacent to this site are zoned CBD. Directly southwest, and across the street is a City owned parcel, which contains a water tower, and utility storage buildings. The properties to the west, and northwest are commercial uses. The property to the east is vacant. The surrounding properties compatibly zoned, and perimeter landscape buffers will be required. Chapter 17.66 special uses require a 15-foot Type I dense landscape buffer around the perimeter of the site. This is reflected in the landscaping section. The surrounding properties are compatibly zoned. Chapter 17.66 requires a 15-foot Type I dense landscape buffer around the perimeter of the site. 2 4. Transportation and Site Access. Yelm is a small compact community most directly affected by two state highways which bisect the community. The two state highways are used by local residents for transportation throughout the city and for access to commercial and residential areas throughout the community. In lieu of widening existing streets, the City has elected to create certain alternatives, Y-1, Y-2, Y-3, which will avoid the need to significantly widen existing streets, and particularly Yelm Avenue. New developments do in fact burden the city's central streets, and unless the bypass alternatives are accomplished, the City would have to require developers to pay the cost of the internal street widening. The city plans show, and the City finds that adequate facilities will be accomplished better and in a timely fashion by bypass facilities as a substitute for the widening of existing facilities. As a result, the City finds that the regional plans benefit projects in all areas of the City and will accomplish the goal of providing adequate facilities to City standards within a reasonable time to serve the demands created by the proposed project. The project borders on Washington Ave. SE to the south, and an alleyway to the north. Washington Ave. SE, as it fronts the YCOM commercial building to the west was improved to standards that are different than current street standards. Frontage improvements for Washington Ave. SE, shall be required, however, shall be reviewed by the City Engineer to determine how the two standards shall be constructed. The City of Yelm 2001 Comprehensive Transportation Plan Update lists Goals and Policies relating to transportation impacts. #30. Funding Sources Policy provides methods for financing transportation projects, and includes a policy that "requires impact mitigation payments, or seek voluntary contributions from developers". The City of Yelm Concurrency Management ordinance also describes mitigation measures for impacts to the City's transportation system by requiring the project to make a contribution to the facilities identified in off-site comprehensive transportation plan, in the form of a transportation facility charge. This use does not generate additional traffic, as it is a utility station, and accessory use to the existing YCOM Networks facility. Chapter 15.40 Concurrency Management provides for mitigation measures for impacts to the City's transportation system. Chapter 15.40.020(5)(a) states that "The project makes on-site, and frontage improvements, consistent with City standard for utilities, curbs, gutters, sidewalks, bicycle lanes where appropriate, and roads necessary to serve the proposed project consistent with safety and public interest. Site Plan Review requires frontage improvements. The City of Yelm has created mitigation measures through its Municipal Code, Comprehensive Transportation Plan, and Development Guidelines. 3 5. Parking. This utility station does not require parking. There is a parking lot across the street that is shared by the City and YCOM Networks, and can be used for employee parking and access to the site. Off-street parking for this project is not required. 6. Water Supply. The City's Water Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas for approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in pace - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Any necessary water rights are considered, only after approved for municipal use by the Washington State Department of Ecology, or appropriate appeals board, and the time for appeal or challenge has expired. The site is in the City's water service area but is currently not connected to the City's Water system. As an accessory use to the YCOM Networks business does not require water service. The proposed development to this site does not create an impact on the City's water system. 7. Wastewater: The city's Sewer Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas for approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in place - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. The site is in the City's sewer service area but is currently not connected to the City's sewer system. As an accessory use to the YCOM Networks business does not require sewer service. The proposed development to this site does not create an impact on the City's sewer system. 4 8. Drainage/Stormwater: The completed project will increase the amount of impervious surface on the site, and on the adjacent streets. Impervious surfaces create stormwater runoff. Uncontrolled and untreated stormwater runoff can create health and safety hazards. YMC requires all development to comply with the adopted City Stormwater Manual. 9. Fire Fire protection to the buildings must be provided per the Uniform Fire Code. Requirements for installation of fire hydrants, fire lanes, or sprinkler systems will be determined in civil plan, and building permit review. Fire protection will be reviewed and approved through civil plan, and building permit review. 10. Landscaping, Development Guidelines, and Design Guidelines. Landscaping and screening are necessary to promote safety, to provide screening between compatible land uses, to safeguard privacy and to protect the aesthetic assets of the City. Section 17.80.030 YMC requires that utility substations, and communication relay stations to provide a Type I, 15-foot dense sight barrier around the perimeter of the site. Design Guidelines IV.E.(2) states that chain link fencing is prohibited in prominent locations visible from the frontage street. This site poses safety issues if not protected by fencing. Most utility areas use chain link fencing to prohibit access to the site to protect persons from entering the site. The YCOM Networks building adjacent to this site has a landscape border of evergreen trees that very effectively screens the side of the property. The applicant has proposed setting the building, tower, and satellite away from the street frontage, with chain link fencing located more than 50-feet from the frontage street. The applicant proposes to install the Type I dense landscape buffer around the perimeter of the site and fence line. The applicant has shown that the Type I landscape buffer around the site as required. Assuring that the buffer is dense with evergreens, and placing the chain link fence far from the frontage street will effectively screen the chain link fence from site. Public safety is of utmost importance, and fencing to protect the public is necessary. Conclusion: Based on the conceptual plan as proposed by the applicant, the analysis above, and the conditions described below, staff finds that the project: Adequately provides for the public health, safety and general welfare, and for drainage ways, streets, potable water supplies, sanitary wastes; and 5 The project is in conformance with The Yelm-Thurston County Joint Comprehensive Plan, the City Zoning Ordinance, and the City's Development and Design Guidelines. Conditions of Approval: 1. The applicant shall make on-site and frontage improvements consistent with City standards. Improvements for Washington Ave. SE shall be reviewed by the City of Yelm Community Development Department to determine the standard for construction. 2. The applicant shall design and construct all stormwater facilities in accordance with the DOE Manual, as adopted by the City of Yelm. Best Management Practices are required during and post construction. 3. The applicant shall show demonstrate how stormwater treatment meets City Standards. 4. The applicant shall provide fora 15' dense "Type I" landscape buffer along the perimeter of the property. 5. The applicant may install chain link fencing surrounding the equipment area. The fencing shall be screened by Type I landscaping. 6. A final landscape and irrigation plan must be submitted with civil plan submission. 7. The applicant shall provide for a Type III landscaping with required frontage improvements. 8. The applicant shall submit a final landscape and irrigation plan, pursuant to Chapter 17.80, to the Community Development Department for review and approval. Staff Recommendation: Based on the Analysis, and Conditions of Approval, staff finds that project, as conditioned, meets the City's minimum requirements and standards. Staff recommends that the Hearing Examiner approve CUP-04-0043-YL, as proposed and conditioned herein. 6 a~ T~ ~~1~ CITY OF YELM ~ PO Box 479 Yelm WA 98597 360-458-3835 YELIV>< WASHI N GTC3N NOTICE OF APPLICATION Mailed on: April 8, 2004 PROJECT NAME AND LOCATION: YCOM Video Project 200 Washington Street SE, Yelm, WA LAND USE CASE: CUP-04-0043-YL An application submitted by YCOM Networks, P.O. Box 593, Yelm, WA 98597, for the above referenced project was received by the City of Yelm on April 2, 2004. The City has determined the application to be complete on April 8, 2004. The application and any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: Construct a 24' x 20' equipment building, a 100' tall antenna to receive off air television signals, and a satellite earth station to receive satellite video signals. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: A Site Plan and structural information was submitted with the application. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinanbe (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm WA 98597, 360- 458-3835. THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON APRIL 23, 2004 This notice has been provided to appropriate local and state agencies, and property owners within 300 feet of the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there will be a 14-day public comment period if an environmental determination is issued. Opportunities for appeal occur within twenty one (21) days after the date the environmental determination is issued. City Council decision can be appealed through Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final Decision. R:1Project Files\Cl1P Conditional Use Permit\04-0043 YCOM Video\Noticc of Application.doc City of Yelm ~J/ ~t~ Community Development Department 105 Yelm Avenue West P.O. Box 479 E L Yelm, WA 98597 WASHINGTON NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, June 7, 2004, 9:00 a.m. PLACE: Yelm Public Works, 901 Rhoton Road, Yelm WA PURPOSE: Public Hearing to receive comments regarding the Conditional Use Permit application for the construction of a equipment storage building, satellite station, and 100' tall antenna. Case #CUP-04-0043-YL APPLICANT: YCOM Networks, Inc PROJECT LOCATION: 208 Washington Street SE, Yelm, WA 98597 The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the Conditional Use Permit Application for the above referenced project. The Hearing Examiner will make a decision on the matter within 10 days after the hearing. Testimony may be given at the hearing, or through written comments on the proposal, received by the close of the public hearing on Monday, June 7, 2004. Such written comments may be submitted to the City of Yelm at the address shown above, or mailed to the City of Yelm Community Development Department, PO Box 479, Yelm WA 98597. Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please contact Tami Merriman at (360) 458-3835. The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate in this hearing, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting. ATTEST: City of Yelm Agnes Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, May 28, 2004 Mailed to Adjacent Property Owners and Posted in Public Places: May 25, 2004. (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.w¢.us City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: SPRC From: Tami Merriman, Planning Technician Date: April 8, 2004 Re: CUP-04-0043-YL -Project Review Schedule for YCOM Video Project. Attached is the application packet for the above referenced project. After your initial review of the information submitted, if you need additional information from the applicant, please let me know as soon as possible. The following is the tentative review schedule for the project. April 8, 2004 -Notice of Application distributed -begin 15 day comment period. Apri128 & May 5 -SPRC project review. Department comments/conditions of approval for staff report. May 21, 2004 -Public Hearing Notice to Paper/Mailing/Post site. May 28, 2004 -Complete Staff report for public hearing. June 7, 2004 -Public Hearing in front of Hearing Examiner June 21, 2004 -Hearing Examiner Decision Complete R:\Projcct Filcs\CUP Conditional Use Permit\04-0043 YC0~9 Video~.Proj Rcv Datc T`4emo.doc p Tom.. CITY OF YELM ~ r,~~~ PO Box 479 Yelm WA 98597 360-458-3835 YELM WA5H1 NOTL7N NOTICE OF APPLICATION Mailed on: April 8, 2004 PROJECT NAME AND LOCATION: YCOM Video Project 200 Washington Street SE, Yelm, WA LAND USE CASE: CUP-04-0043-YL An application submitted by YCOM Networks, P.O. Box 593, Yelm, WA 98597, for the above referenced project was received by the City of Yelm on April 2, 2004. The City has determined the application to be complete on April 8, 2004. The application and any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458-3835. PROJECT DESCRIPTION: Construct a 24' x 20' equipment building, a 100' tall antenna to receive off air television signals, and a satellite earth station to receive satellite video signals. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: A Site Plan and structural information was submitted with the application. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm WA 98597, 360- 458-3835. THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON APRIL 23, 2004 This notice has been provided to appropriate local and state agencies, and property owners within 300 feet of the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there will be a 14-day public comment period if an environmental determination is issued. Opportunities for appeal occur within twenty one (21) days after the date the environmental determination is issued. City Council decision can be appealed through Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final Decision. R:\Project Files\CUP Conditional Use Permit\04-0043 YCOM Video\Notice of Application.doc