8-23-10 switching station memo (2)MEMORANDUM DECISION CLARIFICATION
TO: PARTIES OF RECORD
FROM: STEPHEN K. CAUSSEAUX, JR., Hearing Examiner
RE: #20100095 YELM SWITCHING STATION
DATE: August 24, 2010
APPLICANT: PUGET SOUND ENERGY, INC.
1. By Report and Decision dated August 16, 2010, the Examiner
conditionally approved the applicant's request for a shoreline substantial
development permit, special use permit, and site plan review for the Yelm
Switching Station located on a 4.83 acre parcel of property at 16302
Railway Street Southeast within the City of Yelm. The decision also
approved the installation of new utility poles throughout the City. In a
letter dated August 17, 2010, Tami Merriman, associate planner, City of
Yelm Community Development Department, requested clarification of
Finding number ten and the elimination of proposed Condition number two
in the Staff Report. In an a-mail dated August 18, 2010, Andy Markos
senior planner, Puget Sound Energy, supported Ms. Merriman's letter of
clarification.
2. It appeared to the Examiner that proposed Condition number two could
interfere with the parties' future negotiations regarding dedication of right-
of-way and installation of frontage improvements. A condition of approval
cannot alter a City ordinance, and regardless of proposed Condition two,
the applicant must still comply with Section 15.40.020 of the Yelm
Municipal Code (YMC). The Examiner understood Mr. Markos' testimony
as challenging both the condition and YMC 15.40.020 based upon either
constitutional grounds or the lack of a nexus for requiring the dedication or
improvements pursuant to Washington appellant court decisions.
However, following review of the City's letter and Mr. Markos' agreement
therewith, it is apparent that such is not the case. Therefore, Finding No.
10 is hereby revised to read as follows, and Condition two is revised in
accordance with the City's letter.
10. The sole issue remaining unresolved between the City and the
applicant concerns the potential for dedication of right-of-way on
Railway Road Southeast as opposed to a purchase and sale
agreement for the right-of-way based upon the requirements of the
Washington Administrative Code (WAC) for utility providers. In
addition, YMC 15.40.020 requires on site and frontage
improvements consistent with City standards. The City proposed a
deferral of frontage improvements and the applicant is willing to
sign a wavier of protest for the deferral. Both the City and the
applicant agreed to continue working together regarding the
necessary frontage improvements and the transfer of right-of-way
utilizing a purchase and sale agreement.
Condition 2. In accordance with Section 15.40.020 of the Yelm Municipal
Code frontage improvements are required. Deferred frontage
improvements shall be secured for installation at a later date by
wavier of protest, and commitment to participate in a local
improvement district (LID). Right-of-way on Railway Road
Southeast shall be dedicated or transferred by a purchase and sale
agreement if necessary to complete frontage agreements.
S KC/jj p