20100095 Public Hearing Notice & Staff ReportCity of Yelm
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
NOTICE OF PUBLIC HEARING
YELM HEARING EXAMINER
DATE: Monday, August 2, 2010 - 9:00 AM
PLACE: Yelm Public Safety Building, 206 McKenzie Avenue SE, Yelm WA
PURPOSE: Public Hearing to receive comments regarding the following
application:
Case Number 20100095 Special Use Permit for a Transmission Switching Station and
installation of additional transmission lines.
A proposal by the Puget Sound Energy to upgrade an existing facility with a
transmission switching station and the installation of additional lines on existing utility
poles. The property for the switching station is located at 16302 Railway Street, Yelm,
WA on the corner of Railway Street and Middle Road. The property is identified by
Assessor Tax Parcel number 64300500700.
The City of Yelm Hearing Examiner will hold a public hearing to receive comments on the
proposal. 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 any written comments. Comments must
be received by the close of the public hearing. Such written comments may be submitted to
the City of Yelm at the address shown above or mailed to: City of Yelm, 105 Yelm Avenue
West, 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,
Janine Schnepf, at (360)458-8402, at least 4 days before the meeting.
ATTEST:
City of Yelm
Janine Schnepf, City Clerk
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News: Friday, July 23, 2010.
Posted in Public Areas: Wednesday, July 21, 2010.
S TAFF REPOR T
City of Yelm
Community Development Department
Case Number: 20100095 Yelm Switching Station
Applicant/Owner: Puget Sound Energy, Inc.
PO Box 90868
Bellevue, WA 98009
Agent: Andy Markos
Puget Sound Energy, Inc
3130 South 38t" Street
Tacoma, WA 98409
Request: A Special Use and Shoreline Permit with Site Plan Review for the
construction of a transmission switching station on PSE owned
property with approximately four miles of additional transmission
line.
Recommendation: Approval with conditions
Exhibit I: Site plans dated 04/07/10 and 07/07/10
Exhibit II: Notice of Application and Comment Letter
Exhibit III: Determination of Non-Significance & Comment Letter
Exhibit IV: Public Hearing Notice
Findings of Fact
PSE proposes to increase and enhance the bulk transmission supply to the Yelm
region. Phase I of this project consists of constructing a transmission switching station
at the existing distribution substation property and constructing approximately 4.0 miles
of 115 kV transmission line.
The existing site was constructed prior to current zoning and requires a special use
permit with Site Plan Review. There are utility poles that are located within the Yelm
Creek Shoreline and associated flood zones, requiring a shoreline substantial
development permit.
A Notice of Application was mailed to local and state agencies and surrounding property
owners on May 7, 2010. One letter was received from the Washington State
Department of Ecology stating that the project must meet the goals and policies of the
Shoreline Master Program.
Section 17.84.020 (C) Yelm Municipal Code allows the Site Plan Review Committee to
approve a proposal when the site plan conforms to the standards, provisions and
policies of the City as expressed in its various adopted plans and ordinances including
the applicable sections of the shoreline master program for the Thurston Region,
although when a special use and/or shoreline permit is required along with a site plan
review approval, a single open record hearing is held before the Hearing Examiner and
the Examiner would decide both the shoreline permit and site plan review approval.
Shoreline Master Program
In accordance with the Shoreline Management Act of 1971, the management of
Shorelines of Statewide Significance shall be given preferences to uses, in the following
order of priority, which:
1. Recognize and protect the state-wide interest over local interest;
2. Preserve the natural character of the shoreline;
3. Result in long-term over short-term benefit;
4. Protect the resources and ecology of the shoreline;
5. Increase public access to publicly-owned areas of the shorelines;
6. Increase recreational opportunities for the public on the shoreline;
7. Protect life and property from hazards of flood; and
8. Provide for any other element as defined in RCW 90.58.100 deemed
appropriate or necessary.
The existing substation and proposed transmission switching station is located outside
of the Yelm Creek shoreline and its associated floodzones. There are utility poles
located within the shoreline and flood zone of Yelm Creek. Work will occur at all of
these poles, with new utility lines installed. There are one or two poles that will be
replaced with a taller pole to accommodate the additional lines.
The proposal meets the intent of the Shoreline Management Act by preserving the
existing shoreline and its associated resources and ecology by leaving the majority of
the shoreline designation area undisturbed.
The location of the proposal is on the boundary of the Urban/Rural environmental
designation. The Shoreline Master Program for Thurston County lists utility lines as
allowed uses in both zones. The one utility pole located within the 200 foot shoreline
jurisdiction area is at the shoulder of an existing arterial road. The topography places
this pole outside of the flood zone, and near a bridge crossing. The other poles to be
replaced fall within the FEMA flood zone.
The replacement of existing utility poles does not change the character of the existing
shoreline nor will it cause change in the flood zone characteristics.
July 2010 Page 2 of 11
Prooertv Characteristics
The property on which the switching station is proposed is identified by the Yelm
Comprehensive Plan Map as Industrial (I) zone, which allows public utilities such as
electrical substations as a special use. The property is surrounded by properties which
are industrially zoned, however are developed as residential.
Existing utility poles to be replaced are located throughout the City and surrounding
area.
The City of Yelm provides police protection, water service, and sewer service. Fire
protection services are provided by The SE Thurston Fire/EMS (Thurston County Fire
Protection District #2).
State Environmental Policy Act
The City of Yelm SEPA Responsible Official issued a Determination of Non-significance
based on WAC 197-11-340 (2) on June 18, 2010.
The Washington Department of Ecology reviewed the proposal and noted that a
conditional use permit may be required, and notice of who to contact if contamination is
found.
The Shoreline Master Program for Thurston County lists utility lines as allowed uses in
both the Urban and Rural environmental designations, a conditional use permit is not
required.
Critical Areas
As identified in Section 14.08.010 YMC, the regulations of the Critical Areas Code are
intended to protect critical areas in accordance with the Growth Management Act and
through the application of the best available science, to maintain healthy, functioning
ecosystems through the protection of unique, fragile, and valuable elements of the
environment, including ground and surface waters, wetlands, and fish and wildlife and
their habitats, and to conserve the biodiversity of plant and animal species.
There is some equipment that contains not-toxic fluids for equipment cooling. The new
equipment will require a curb and a spill and containment plan consistent with
construction specifications.
The project will not increase the potential for waste materials entering the ground or
surface waters.
July 2010 Page 3 of 11
Riparian Buffer
As noted above, the one utility pole that is located within the shoreline jurisdiction area
and the riparian buffer is located on the shoulder of an existing arterial street. The
replacement of this pole if necessary will not disturb the shoreline area, nor any of the
surrounding natural areas.
Wetlands
The City's wetlands maps (based on the National Wetlands Inventory Maps) indicate
that there are no wetlands present at the location of utility poles that are located within
the shoreline or flood zone.
Critical Aquifer Recharge Areas
Critical aquifer recharge areas are those areas with a critical recharging effect on
aquifers used for potable water as defined by Section 365-190-030(2) WAC. A critical
aquifer recharge area has prevailing geologic conditions associated with infiltration rates
that create a high potential for contamination of ground water resources or contribute
significantly to the replenishment of ground water. The entire City of Yelm and its urban
growth area is identified as a highly susceptible critical aquifer recharge area.
As stated above, there is some equipment that contains not-toxic fluids for equipment
cooling. The new equipment will require a curb and a spill and containment plan
consistent with construction specifications.
This project will not increase the potential for waste materials entering the ground or
surface waters.
Flnnrl 7nna
Section 14.08.120 YMC states that all new commercial or industrial structures must be
located outside of the 100 year floodplain. Fill and grade within the floodplain shall only
occur after a determination that the fill or grading will not block side channels, inhibit
channel migration, increase the base flood elevation, or be within a channel migration
zone. Replacement of utility poles that are located within the flood zone may only occur
when there is no flood hazard, and restoration of the disturbed area to its original
ground cover will be required.
Concurrency
Chapter 15.40 YMC requires the reviewing authority to determine that required urban
infrastructure is available at the time of development. Concurrency means the facilities
necessary to serve a proposed development are in place or planned for and properly
July 2010 Page 4 of 11
funded with a reasonable expectation that the facilities will be in place at the time
needed to preserve adopted levels of service.
Concurrency with sewer infrastructure is achieved pursuant to Section 15.40.020 (B)(1)
YMC when the project is within an area approved for sewer pursuant to the adopted
sewer comprehensive plan for the city and improvements necessary to provide city
standard facilities and services are present to meet the needs of the proposed
development.
The City's Sewer Comprehensive Plan identifies the property as being within the sewer
service area and is not currently connected to the City's STEP sewer system. The site
is a utility substation and is an unmanned facility. No sewer connection is requested.
Concurrency with water infrastructure is achieved pursuant to Section 15.40.020 (B)(2)
YMC when the project is within an area approved for municipal water service pursuant
to the adopted water comprehensive plan for the city and improvements necessary to
provide city standard facilities and services are present.
The City's Water Comprehensive Plan identifies the property as being within the water
service area and the site is not currently connected to the City's water system. The site
is a utility substation and is an unmanned facility. No water connection is requested.
Concurrency with transportation infrastructure is achieved pursuant to Section
15.40.020 (5)(c) YMC when the project:
• Makes on-site and frontage improvements consistent with city standards and
roads necessary to serve the proposed project consistent with safety and public
interest;
• Makes such off-site facility improvements, not listed on the capital facilities plan,
as are necessary to meet city standards for the safe movement of traffic and
pedestrians attributable to the project;
• Makes a contribution to the facilities relating to capacity improvements identified
in the adopted six-year traffic improvement program, in the form of a
transportation facility charge.
Section 46.080 (C) Yelm Development guidelines allows the City to determine when
frontage Improvements are required, and under certain circumstances may permit
deferral of installation of such improvements to a later date.
Frontage improvements for Railway Avenue are currently incomplete. The site is
located across from an intersection and on the bend of a corner. Half street
improvements would prove difficult to complete without a full intersection review. The
substation creates less than one daily trip, and does not create any impact to the
July 2010 Page 5 of 11
frontage street, or the City's transportation system. Based on this and to promote public
benefit, the City is in support of the deferral at this time.
Concurrency with school infrastructure is achieved pursuant to Section 15.40.020 (B)(4)
YMC when the developer provides a letter from the local school district that the school
facilities impacted by the proposed development are present, or are on an approved
and funded plan, to assure that facilities will be available to meet the needs and impacts
of the proposed development.
The proposed development will have no impact on the School system as it will not
increase the number of students within the school district.
Concurrency with Fire Protection is achieved pursuant to Section 15.40.020 (6) YMC
when the developer makes a contribution to the fire protection facilities as identified in
the most current version of the capital facilities plan adopted by the Yelm Fire District
(SE Thurston Fire/EMS) and endorsed by resolution of the Yelm City Council.
A fire impact fee will be assessed at the time of building permit issuance, based on the
square footages of any buildings requiring a building permit.
Transportation
Yelm is a small compact community most directly affected by two state highways, SR
510 and SR 507, which bisect the community. These state routes are used by local
residents for transportation throughout the City, and for access to commercial and
residential areas throughout the community as well as serving regional traffic.
The updated Transportation element of the Yelm Comprehensive Plan identifies a
number of improvements designed to avoid the need to significantly widen existing
streets, and particularly Yelm Avenue. New development impacts the transportation
system in Yelm and, unless the improvements identified in the transportation plan are
constructed, the City would need to require developers to pay the cost of internal street
widening.
Frontage improvements are required for all new development within the city. Frontage
requirements include improvements to the roadway from the centerline of right-of-way
back towards the property. Due to the physical location of this site, and that it creates
less than one daily trip, there is no impact to the transportation system. A deferral of
improvements is suggested.
There is a public benefit in coordinating small improvements with a larger project such
as through Local Improvement Districts (LID). Deferred frontage improvements shall be
secured for installation at a later date by a waiver of protest, and commitment to
participate in a local improvement district. The property owner shall execute and record
a covenant document that insures the participation of the subject property owner(s) in
July 2010 Page 6 of 11
any local improvement district formed for the construction of such frontage
improvements. Right-of-Way dedication on Railway Road SE may be required.
The City has adopted a Transportation Facility Charge (TFC) of $1,321.00 per peak PM
trip. The project creates no new PM peak hour trips.
Ingress and Egress
The site has two existing driveways located on Railway. These driveway entrances are
proposed to be paved. The applicant also requested an access to the northwest side of
the property from NP Road, with a driveway crossing a public trail system and the City
owned rail line. The request was reviewed by the Yelm Transportation Committee and
City staff. It was determined that the crossing provided no benefit to the City and the
request was denied. The applicant has submitted a new site plan showing no access to
NP Road.
Water Supply
The City's Water Comprehensive Plan identifies the property as being within the water
service area. The proposed site is not currently connected to the City's water system.
The site is a utility substation and is an unmanned facility. No water connection is
requested.
Additional landscaping will require irrigation. The applicant proposes to use reclaimed
water from the City to irrigate. The use of reclaimed water requires a user agreement
between the applicant and the City of Yelm, and the connection must also be approved
by the Washington State Departments of Health and Ecology. If an agreement cannot
be reached or if the applicant decides not to pursue the use of reclaimed water, it shall
be the responsibility of the applicant to keep the required landscaping alive by other
watering means.
Sewer System
The City's Sewer Comprehensive Plan identifies the property as being within the sewer
service area and the site is not currently connected to the City's STEP sewer system.
The site is a utility substation and is an unmanned facility. No sewer connection is
requested.
stormwater
The applicant has submitted a preliminary stormwater report which includes a
conceptual design for the treatment and infiltration of stormwater on site. The
preliminary design was proposed to meet the standards of the 1992 stormwater manual.
July 2010 Page 7 of 11
Parking
The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code
address parking regulations from many aspects, including, but not limited to the design
of lots, the number of stalls required, pedestrian pathways within lots, and safety.
At least one parking space, plus adequate turnaround area, shall be provided. The
proposal is to pave the two existing driveway accesses on Railway Road. These
access shall be pave to the existing Railway surface, and a minimum of 20 feet onto the
site.
Fire
Fire protection to any buildings shall be provided pursuant to the International Fire
Code. The specific requirements for installation of all fire hydrants, fire sprinklers and
fire lanes will be determined during civil and building plan review.
A Fire Impact Fee pursuant to Section 15.40.020 (B)(6) YMC is established at a rate of
$0.32 per square foot of development for all new development in the City of Yelm. This
fee is due and payable at building permit issuance for any structures requiring a building
permit.
Landscaping
Landscaping and screening are necessary to provide screening between compatible
and incompatible land uses, to safeguard privacy and to preserve the aesthetic assets
of the City. Chapter 17.80 YMC requires all development to provide onsite landscaping.
Additional landscaping will require irrigation. The applicant proposes to use reclaimed
water from the City to irrigate. The use of reclaimed water requires a user agreement
between the applicant and the City of Yelm, and the connection must also be approved
by the Washington State Departments of Health and Ecology. If an agreement cannot
be reached or if the applicant decides not to pursue the use of reclaimed water, it shall
be the responsibility of the applicant to keep the required landscaping alive by other
watering means.
Type I landscaping is intended to provide a very dense sight barrier and physical
buffer to significantly separate conflicting uses and land use districts. Any combination
of trees, shrubs, fences, walls, earthen berms and related plat materials or design
features may be selected; provided that the resultant effect is sight-obscuring from
adjoining properties. A minimum of 15 feet of width shall be required when Type I
landscaping is utilized. Type I landscaping is required on the northern and southern
property lines, adjacent to the residential uses.
July 2010 Page 8 of 11
Type 11 landscaping is intended to provide visual separation of uses from streets, and
visual separation of compatible uses so as to soften the appearance of streets, parking
areas and building elevation. It is used around the perimeter of a site with a minimum
planting area of eight-feet in width. When used adjacent to a building, a minimum five-
foot planting area shall be provided. Type II landscaping is required at the eastern and
western property lines.
Type 111 landscaping is intended to provide visual relief where clear sight is desired.
This type is utilized along pedestrian corridors and walks for separation of pedestrians
from streets and parking areas. The minimum width for Type III landscaping shall be six
feet. Type III landscaping is required as a part of street frontage improvements.
Type V landscaping is to provide visual relief in storm water retention/detention areas
with vegetation that is suitable and will thrive in hydric soils.
The City of Yelm also promotes water conservation and will require the final
landscaping plan to address the following requirements:
• Specify Water efficient plant species for the Pacific Northwest.
• Choose irrigation devices and design the irrigation system to positively prevent
runoff or overspray onto impermeable hardscape under all conditions regardless
of wind or possible equipment misalignment.
• Assign separate station/zones (hydrozones) to areas with dissimilar water or
scheduling requirements. For example; separate zones should be designed for
trees, shrubs, flowers, shady areas, sunny areas, drip irrigation and sprinklers.
• Locate sprinkler heads based on a thorough evaluation of physical,
environmental, and hydraulic site conditions, including wind. The design must
not permit sprinklers to overspray onto impermeable hardscape under any
condition.
• Specify drip irrigation for all zones planted in one-gallon or larger size.
• Specify weather-based irrigation controllers (WBIC).
• Specify check valves wherever necessary to prevent low-head drainage.
The final landscaping plan shall provide complete detail of the landscape plants,
features and irrigation requirements.
Section 17.80.090 (F) YMC states that the owner/developer of any project requiring site
plan review approval, subdivision approval, or short subdivision approval shall provide a
performance assurance device in order to provide for maintenance of the required
landscaping until the tenant or homeowners' association becomes responsible for
landscaping maintenance. The performance assurance device shall be 150 percent of
the anticipated cost to maintain the landscaping for three years.
July 2010 Page 9 of 11
Conclusions of Law
A. The Site Plan Review Committee has jurisdiction to consider and decide the
issues presented by this request.
B. The applicant has established that the request for site plan review approval
satisfies all criteria set forth in Section 17.84.020(C) YMC, meets all
requirements of the (I) Industrial zoning classification, and meets all other
requirements of the Yelm Municipal Code. Therefore, the site plan should be
approved subject to the following conditions:
1. Disturbed areas within the Shoreline and flood zone areas shall be
restored to their original condition.
2. Frontage improvements are required. Deferred frontage improvements
shall be secured for installation at a later date by a waiver of protest, and
commitment to participate in a Local Improvement District (LID). Right-of-
Way on Railway Road SE shall be dedicated if required to complete
frontage improvements.
3. The applicant shall design and construct all stormwater facilities in
accordance with the 1992 Department of Ecology Manual, as adopted by
the City of Yelm. Best Management Practices are required during
construction
4. At least one parking space, plus adequate turnaround area, shall be
provided. The access road, parking and turnaround areas shall be paved,
a minimum of 10 feet wide, from the existing pavement of Railway.
5. The civil engineering plans shall include final landscaping and irrigation
plans which are consistent with the preliminary plans and include the
following required landscaping:
a. All required landscaping shall consist of drought tolerant shrubs
and bark instead of grass.
b. Type I landscaping is required where property is adjacent to
residential uses.
c. Type II landscaping is required on the eastern and western property
lines.
d. Type III landscaping is required as part of frontage improvements
and would be included in the deferral.
e. Type V landscaping is required for above ground stormwater
facilities.
July 2010 Page 10 of 11
C. The Special Use permit includes a Site Plan approval which is valid for eighteen
(18) months from the date of this approval. The applicant may request asix-
month extension on the approval, if the request is made in writing prior to the
expiration date of this approval. If you need additional information or assistance,
please call the Community Development Department at (360) 458-3835.
Conclusion:
The proposed project is consistent with the Shoreline Master Program provisions for
allowable activities in areas designated as Urban.
The use is consistent with the policy of RCW 90.58.020 which states: "the policy of the
state is to provide for the management of the shoreline by planning for and fostering all
reasonable and appropriate uses".
The policy is designed to ensure the development of shorelines in a manner which
allows for limited reduction of rights of the public which promoting and enhancing public
interest. The policy contemplates protecting against adverse effects to the public
health, the land and its vegetation and wildlife, and the waters of the state and their
aquatic life, while protecting generally public rights of navigation and corollary rights
incidental thereto.
Based on the Analysis and Conditions of Approval above, staff recommends that the
Hearing Examiner approve the Special Use and Shoreline Permits along with the Site
Plan review mitigating measures.
July 2010 Page 11 of 11