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SPR Approval V" BEFORE THE CITY COUNCIL FOR YELM, W A. In the Matter of ApplIcatIOn of ) ) Del Repnow, Country Storage ) ) For Approval of a SIte Plan RevIew PermIt ) ) Case No SPR-98-8218- YL ORDER OF RECONSIDERATION AND APPEAL On February 10, 1999, a SIte Plan Approval was Issued m the above captIOned matter The approval, Issued subject to condItions, allowed the ApplIcant to expand Country Storage located at 10535 Grove Road SE, Yelm, W A. The basIs for the approval was set forth m the Fmdmgs of Fact of the February 10,1999, declSlon. On February 22, 1999, the ApplIcant submItted an Appeal ApplIcatIOn for certam condItions of the SIte plan approval decIsIOn. On March 10, 1999, the condItIOns under reconSIderatIOn as lIsted on the Appeal ApplIcatIOn were reVIewed and conSIder by the Yelm CIty CounCIl at a closed record heanng. At the closed record hearmg the followmg exhibIts, were admItted from ongmal records used to grant the February 10, 1999, SIte Plan Approval wIth condItions ExhibIt I - SIte Plan for SPR -98-8218- YL ExhibIt II - Approval Letter for SPR -98-8218- YL, dated February 10, 1999 ExhibIt III - Approval Letter for SPR8129, dated March 19, 1995 ExhibIt IV - Notice of Appeal ApplIcatIOn, dated February 22, 1999 ExhibIt V - Agreement, Waiver of Protest and SpeCial Power of Attorney ExhibIt VI - Correspondence for SPR-98-8218- YL, dated June 10, 1998 ExhibIt VII - Staff Report dated March 3, 1999 Based upon the record developed at the Closed Record Hearmg, mcludmg exhibIts and testimony gIven by the applIcant's representatIve and CIty staff, the followmg Findmgs of Fact and ConclUSIOns are entered m support of the DeClSlon of the Yelm CIty CounCIl. '" Order of ReconsideratIOn and Appeal Del Repnow, Country Storage, SPR-98-82 I 8- YL Page 2 FINDINGS 1 The applIcant IS appealIng condItion 1 band 1 c of the sIte plan approval letter dated February 10, 1999 CondItIOn of approval 1 breads The applIcant IS responsible for all frontage Improvements along Yelm A venue East and Grove Road, as a condItion of approval m SIte Plan Approval- SPR 8129, February 6, 1995 Other than the Improvements specIfied m c below the applIcant may defer saId Improvements. If Improvements are deferred the applIcant shall enter mto an agreement wIth the CIty waIvmg any nght to protest the formatIOn of a LID or latecomer's agreement. At any time the CIty can reqUIre the deferred Improvements be constructed by the applIcant. CondItIOn of approval l.c reads. The applIcant shall construct one-half street and frontage Improvements on Grove Road from the mtersectIOn of East Y elm Avenue to the south dnveway access located on Grove Road, per CIty of Yelm prepared plans and specIficatIOns for the Grove Road RealIgnment. These Improvements shall be completed at time ofbUIldmg constructIOn. The remammg street frontage Improvement reqUIrements on Grove Road and East Yelm A venue may be deferred as described m b above 2 The prevIOUS land use approval, dated March 15, 1995, reqUIres the applIcant to construct half street Improvements to Grove Road and SR 507 along the parcel frontages. The developer was allowed to defer the Improvements by agreemg to enter mto an agreement WaIvmg any nght to protest the formatIOn of a LID or latecomer's agreement. 3 The eXIstmg 556 storage umts along wIth the proposed 121 new storage umts generates traffic that sIgmficantly contributes to the compromIsed safety of motonsts entenng and eXItmg Grove Road from Y elm Avenue. The current "skewed" alIgnment of the mtersectIOn forces mId to large SIze vehIcles turnmg onto Grove Road or Yelm A venue to encroach mto the opposmg traffic lanes. 4 In addItIOn to the compromIsed safety of the mtersectIOn, the realIgnment of Grove Road IS necessary because the frontage Improvements to mItigate mIm-storage traffic can not be constructed to meet the applIcable state and CIty deSIgn standards WIthout realIgnmg the mtersectIOn approach to Yelm A venue 5 The Yelm Development GUIdelmes, SectIOn 4B 080(B), Street Frontage Improvements, reqUIres "all frontage Improvements shall be made across full frontage of property from centerline to RIght-of-Way lIne ? Order of ReconsIderatIOn and Appeal Del Repnow, Country Storage, SPR-98-82 I 8- YL Page 3 6 As proposed m the prevIOUS land use approval (March 15, 1995) the proJect has been bUIlt out. The sIte currently has 556 storage umts m operatIOn. 7 The expanSIOn of use on the sIte would create an addItIOnal 121 storage umts. 8 Yelm Builder's Supply, located on the OppOSIte corner from Country Storage, IS reqUIred as a condItion of a preVIOUS SIte Plan Approval to partICIpate m a LID or a Latecomer's Agreement to construct frontage Improvements. Yelm Builder's Supply IS reqUIred to partICIpate m the constructIOn of street Improvements from the mtersectIOn of Hwy 507 and Grove Road to the end of the property lIne on Grove Road. CONCLUSION 1 The prevIOusly approved land use for Country Storage reqUIred the applIcant to construct Y2 street Improvements along Hwy 507 and Grove Road. The applIcant was allowed to defer said Improvements prOVIded he agreed to enter mto an agreement waIvmg any nght to protest the formatIOn of a LID or Latecomer's agreement. 2 In conJunctIOn wIth the eXIstmg traffic generated by the 556 storage umts, the proposed expanSIOn of 121 storage umts wIll add new traffic that WIll compromIse the safety of the mtersectIOn. DECISION 1 Appeal of CondItIOn 1 b of SIte Plan Approval letter, dated February 10, 1999 The condItion shall stand wIth the followmg modIficatIOn to the last sentence for clanficatIOn. The last sentence shall read. At any tIme the City can require the deferred Improvements be constructed through the formatIOn of a LID 2. Appeal of CondItIOn 1 c of SIte Plan Approval letter, dated February 10,1999 The condItion shall stand wIth the followmg language added for clanficatIOn. The constructIOn of the street and frontage Improvements may be done as a pnvate proJect between said property owner and the owner ofYelm Builder's Supply or through the formatIOn of a LID A LID benefit area would mclude only the two affected propertIes. It shall be the applIcant's choIce as to method of financmg and constructIOn of said improvements. DECIDED thIS 10th day of March, 1999 Ka~~' u/4 Mayor, CIty ofYelm EXHIBIT II - APPROVAL City of :l LETTER SPR988218YL 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 February 10, 1999 Mr Del Repnow 10535 Grove Rd SE Yelm, WA 98597 Re Site Plan Approval for SPR978218YL, Three Mini-Warehouse Buildings Dear Mr Repnow' The City of Yelm has completed its review of the above referenced project. Site plan approval has been granted based upon the Mitigated Determination of NonSignificance issued June 4, 1998 and the following findings of fact and conditions of approval 1 Transportation Finding 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 elect 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 in fact benefit projects in all areas on 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. Conditions of Approval a The applicant shall mitigate traffic impacts to the transportation system Mitigation includes payment of the Transportation Facility Charge (TFC) for the number of new pm peak hour trips generated by the project. Based on an addition of 12,520 square feet the TFC is $6,945 00 The TFC is payable at building permit issuance b The applicant is responsible for all frontage improvements along Yelm Avenue East Mr Del Repnow February 10, 1999 Page 2 and Grove Road, as a condition of approval in Site Plan Approval- SPR8129, February 6, 1995 Other than the improvements specified in c, below the applicant may defer said improvements If improvements are deferred the applicant shall enter into an agreement with the City waiving any right to protest the formation of a LID or latecomer's agreement. At any time the City can require the deferred improvements be constructed by the applicant. c The applicant shall construct one-half street and frontage improvements on Grove Road from the intersection of East Yelm Avenue to the south driveway access located on Grove Road, per City of Yelm prepared plans and specifications for the Grove Road Realignment. These improvements shall be completed at time of building construction The remaining street frontage improvement requirements on Grove Road and East Yelm Avenue may be deferred as described in b, above 2 Sewer System Finding The City's Sewer Comprehensive Plan identifies a portion of the City area for service The City is pursuing additional land areas or approval and the extension of facilities Completion of such activities is dependent on grand 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. Conditions of Approval a The applicant shall connect to the City STEP sewer system when the lines are available to the site The applicant shall enter into an agreement with the City waiving any right to protest the formation of a LID or latecomer's agreement. 3 Storm Water Finding YMC requires all development to comply with the City Stormwater Manual Condition of Approval a The applicant shall connect to the existing stormwater facility as shown on the preliminary site plan 4 Fire Safety Finding YMC requires all internal roads within a development to meet minimum fire access requirements Condition of Approval All interior roads shall be a minimum of 20' in Width to assure adequate Mr Del Repnow February 10, 1999 Page 3 access for fire trucks and equipment. In particular the north end of building K and the northwest corner of building I must maintain a 20' driving access Please keep landscaping requirements in consideration when revising the plans 5 Landscaping Finding YMC, Chapter 17 80 requires all development to provide on site landscaping Conditions of Approval. a Landscaping around the perimeter of the site is required and where street frontage improvements are constructed. The applicant shall submit a Final Landscape and Irrigation Plan to the Planning Department for approval. The landscaping plan shall include requires from the previous site plan approval, SPR8129, dated February 6, 1995 No construction shall begin prior to the Planning Departments approval of the Landscape and Irrigation Plan No occupancy shall be granted until the landscaping has been installed and approved by the Planning Department. Site Plan Approval is a Type II administrative approval. An appeal of this decision can I::>e filed within 14 days from the date of this letter, pursuant to Yelm Municipal Code, Chapter 1549, Integrated Project Review Process The Site Plan Approval is valid for eighteen (18) months from the date of this letter If you need additional information or assistance, please call me at 458-8408 Sincerely, ~onGlA4-- City Planner cc. Steve Hatton Shelly Badger Ken Garmann Tim Peterson C .\MyFiles\Cathie\8218APP