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HE Report To: Stephen Causseaux, Jr., Hearing Examiner From: Tami Merriman, Assistant Planner Date: March 21, 2004 Subject: YCOM Video Project Special Use Permit CUP-04-0043-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. 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. 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. 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. 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. 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. The applicant shall show demonstrate how stormwater treatment meets City Standards. The applicant shall provide for a 15’ dense “Type I” landscape buffer along the perimeter of the property. The applicant may install chain link fencing surrounding the equipment area. The fencing shall be screened by Type I landscaping. A final landscape and irrigation plan must be submitted with civil plan submission. The applicant shall provide for a Type III landscaping with required frontage improvements. 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.