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HE DecisionAugust 16, 2010 Puget Sound Energy, Inc. P.O. Box 90868 Bellevue, WA 98009 RE: 20100095 Yelm Switching Station Dear Applicant: Transmitted herewith is the Report and Decision of the City of Yelm Hearing Examiner relating to the above-entitled matter. Very truly yours, STEPHEN K. CAUSSEAUX, JR. Hearing Examiner S KC/jj p cc: Parties of Record CITY OF YELM -1- OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: 20100095 Yelm Switching Station APPLICANT/OWNER: Puget Sound Energy, Inc. P.O. Box 90868 Bellevue, WA 98009 AGENT: Andy Markos Puget Sound Energy, Inc. 3130 South 38t" Street Tacoma, WA 98409 SUMMARY OF 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. 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 August 2, 2010, 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 EXHIBIT " 2" - Yelm Substation Site Plan EXHIBIT " 3" - Vicinity Map -2- EXHIBIT "4" - E-Mail from Gary Carlson to Andy Markos dated 9-25-09 TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the applicant requests a special use permit, shoreline permit, and site plan review that would allow construction of a transmission switching station and the replacement of utility poles with poles that would rise higher above grade. The applicant developed the site before the zoning regulations and needs the special use permit because it has not had one before. The City provided proper notice of the application and hearing. DOE initially believed that the project would require a shoreline conditional use permit but later determined that the Shoreline Master Program did not require one. The applicant only proposes to replace poles within the shoreline area and therefore no change will occur. A substation is allowed pursuant to a special use permit. The utility lines will extend within the city lim its and no wetlands are involved. The site plan review was quick and easy. The project will create no transportation impacts and the City has deferred frontage improvements. The project might require right-of-way and conditions of approval require right-of-way only if needed. Concurrency is found with all other elements. The City could find no benefit to allow an access onto Northern Pacific Road and the applicant agreed. The City will require landscaping due to potential conflicts with residential uses to the north. The City desires a 15 foot wide, Type I buffer along the north and south property lines but only where development is occurring and not the entire property line. The City requires a visual barrier of the storm drainage pond as well. Staff recommends approval. The visual barrier will measure eight feet in width along the road. ANDY MARKOS appeared on behalf of the applicant, thanked staff for its cooperation, and introduced Exhibit 3 that shows the flood zone. The flood zone exists at the Yelm Creek crossing but the poles are not within the zone. They are on the road prism itself four to five feet above the flood zone. The Yelm Creek crossing occurs on First Street. The poles will support wires in the shoreline environment. They will work mainly within the right-of-way and will install three new wires at the top of the new poles. The lower set of two wires that are there now will remain and the three upper wires shown on the diagram are new. They will provide a containment area for the critical areas and will show this at final civil plan approval. They will also address fire impact fees. Exhibit 4 is an e-mail with the building official confirming that the fence is the only structure requiring a building permit. They question the need for right-of-way dedication since the project will have no impact on traffic. They will work with the City to identify impacts and provide dedication. They do not want to sign a "no protest" agreement. The dedication would require approval of the UTC and therefore they would need to transfer right-of-way as part of an eminent domain process. If the City requests right-of-way, they would utilize the purchase and sale agreement. They will provide a landscaping plan after the decision. MS. MERRIMAN reappeared and testified that she did not check to see if the poles were within the Yelm Creek flood zone, but if so it will not cause a concern as the applicant will restore the site to its original condition. -3- No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:30 a.m. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS, CONCLUSIONS AND DECISION: FINDINGS: The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. The City of Yelm SEPA Responsible Official issued a Determination of Non- significance pursuant to WAC 197-11-340 (2) on June 18, 2010. 3. Required notice was provided. 4. The applicant, Puget Sound Energy, has a possessory ownership interest in a rectangular, 4.83 acre parcel of property extending between the Northern Pacific Railroad tracks on the northwest and Railway Road Southeast on the southeast. The parcel is oriented in a northwest/southeast direction and measures 135 feet in width and varies in depth between 828 feet along the southwest property line and 908 feet along the northeast property line. The applicant has improved the southeasterly portion of the site with an electrical substation. 5. The applicant requests a special use permit, shoreline substantial development permit, and site plan review to allow construction of a transmission switching station and approximately four miles of additional transmission lines within the Yelm City Limits. Improvements also include paving two existing accesses onto Railway Road Southeast and construction of a storm water infiltration pond adjacent to Railway Road between the two access drives. The applicant will replace existing utility poles that presently support two transmission lines with higher poles that will support five such lines. The new lines will attach to the top of the poles and the existing lines to the central portion of the poles. While the existing substation and proposed transmission switching station are located outside of the Yelm Creek shoreline jurisdiction and associated flood zones, at least one and possibly two poles proposed for replacement are located within the shoreline jurisdiction and flood zone of Yelm Creek and therefore trigger the need for a substantial development permit. -4- 6. The one utility pole within the jurisdiction of the Shoreline Master Program for Thurston County (SMP) is located on the boundary of the Urban and Rural Shoreline Environments. The SMP allows utility facilities in both environments. The said utility pole is located at the shoulder of an arterial road. The applicant will replace the existing pole with a new higher pole, and following installation, the shoreline will not experience additional adverse impacts. A second utility pole may fall within a flood zone, but even if it does, the replacement pole will not change the flood zone characteristics. The project satisfies all criteria for a substantial development permit and meets the preferences set forth in the State Shoreline Management Act (SMA). The replacement pole and additional transmission lines recognize and protect statewide interests over private or local interests and will not impact the natural character of the shoreline due to the location of the pole within an arterial right-of-way. 7. Except for the one pole within the shoreline jurisdiction and a second pole possibly within a flood zone, neither the substation site itself nor utility poles will impact wetlands or wetland buffers. The City of Yelm and its urban growth area are located above a highly susceptible, critical aquifer recharge area but the replacement of utility poles will not impact aquifer recharge. Installation of the proposed improvements will not increase the potential for waste materials entering either the ground or surface waters. The applicant will restore the disturbed area of the pole within the flood zone to its original ground cover as required by a condition of approval. Thus, the pole will create no additional flood hazard. 8. Much of the concurrency requirements set forth in Chapter 15.40 of the Yelm Municipal Code (YMC) are not applicable to the project. The applicant proposes no sewer or water connection and will not provide a new access onto Northern Pacific Road. The substation creates less than one daily trip and therefore has little, if any, impact on either abutting or nearby streets. The project will have no impact on school infrastructure, and the applicant will satisfy the fire impact fee at the time of building permit issuance. The applicant proposes to use reclaimed water from the City to irrigate landscape buffers and must execute a user agreement with the City and also gain approval from the State Departments of Health and Ecology. The storm drainage system will meet City ordinance standards. 9. The site plan shows substantial room for the required one parking space and adequate turn-around area. The applicant will install Type I landscaping along the northeast and southwest property lines in the area of the improvements, but not along the entire line. The landscaping will provide buffering and screening from adjacent residential uses. The applicant will also provide Type V landscaping for the above ground, storm water facilities. -5- 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 and the execution of a waver of protest and commitment to participate in a future local improvement district (LID). The City may form a LID and has already adopted a Transportation Facility Charge (TFC). The City has also adopted ordinances that require dedication of right-of-way. The applicant refers to the lack of impact its project will have on City streets and questions the legality of the requirement for improvements. Both the City and the applicant agreed to continue working together regarding the requirement for transportation improvements. In addition, the applicant does not want to sign a no protest agreement as such matters require approval of the Utilities and Transportation Commission (UTC). Since further discussions will occur, the Examiner has eliminated proposed Condition number 2 that requires participation in a future LID and dedication of property for right-of-way. CONCLUSIONS: The Hearing Examiner hasjurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the request for site plan review satisfies all criteria set forth in Chapter 17.84 YMC and therefore should be approved subject to the following conditions. The request for a shoreline substantial development permit satisfies all criteria set forth in the SMP and therefore should be approved subject to the following conditions. The request for a special use permit satisfies all criteria set forth in Chapter 17.66 YMC and therefore should be approved subject to the following conditions: Disturbed areas within the Shoreline and flood zone areas shall be restored to their original condition. 2. 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 3. 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. 4. 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 -6- 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. DECISION: The request for a special use permit, shoreline substantial development permit, and site plan review for Puget Sound Energy's Yelm Switching Station located at 16302 Railway Street Southeast within the City of Yelm as well as new utility poles throughout the City is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 16th day of August, 2010. STEPHEN K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 16th day of August, 2010, to the following: APPLICANT: Puget Sound Energy, Inc. P.O. Box 90868 Bellevue, WA 98009 AGENT: Andy Markos Puget Sound Energy, Inc. 3130 South 38t" Street Tacoma, WA 98409 City of Yelm Tami Merriman 105 Yelm Avenue West Yelm, Washington 98597 -7- CASE NO.: 20100095 Yelm Switching Station 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 orwhich could reasonably have been available and simply not presented at the hearing forwhatever reason. The request must be filed no later than 4:30 p. m. on August 26, 2010 (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. 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. -8- 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. -9-