Reqest for Clarification on FindingCity of Yelm
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
August 17, 2010
Stephen K. Causseaux, Jr.
10th & I Building
902 South 10th Street
Tacoma, WA 98405
Re: Report and Decision of the City of Yelm Hearing Examiner -Case 20100095 Yelm
Switching Station.
Dear Mr. Causseaux
The Community Development Department received a copy of the above decision and requests
a clarification of your Finding #10. Your finding states that the applicant and City shall work
together regarding transportation improvements and our condition of frontage improvements
with a waiver of protest for improvements and the dedication of right of way are eliminated.
After reviewing the video transcript, Andy Marcos, from Puget Sound Energy (PSE) stated that
PSE is supportive of a deferral of frontage improvements, and are willing to sign a waiver of
protest for this deferral. Mr. Marcos questioned the requirements for the dedication of right-of-
way opposed to a purchase and sale agreement for the right of way based on the Washington
Administrative Code (WAC) for utility providers.
The City of Yelm's concurrency Ordinance Section 15.40.020 YMC states that "with respect to
each of the public facilities identified, concurrency shall be established and determined as
follows: (5) Transportation; a; The project makes on-site and frontage improvements, consistent
with City standards for utilities, curbs, gutters, sidewalks, bicycle lanes where appropriate, and
roads necessary to serve the proposed project. B; the project 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. And c; the project
makes a contribution to the facilities relating the capacity improvements identified in the form of
a transportation facility charge (TFC).
In the case of the Switching Station, the City's finding and condition state that to meet
concurrency requirements frontage improvements are required. Additional transportation
improvements and TFC's are based on impact from the project, and were found to not be
required for this project.
Mr. Marcos stated that because this is a public utility, WAC requirements in regards to the
Washington Utilities and Transportation Commission state that they cannot dedicate right-of-
(360) 458-3835
(360) 458-3144 FAX
www.ci.yelm.wa.us
way, that it must be transferred by a purchase and sale agreement. This is the item that I
believe the applicant and City must come to an agreement on.
You can review the video transcript at www.ci.yelm.wa.us, on the left choose Agenda's/Notices
then choose Meeting Videos.
Please clarify the extent of the elimination of the City's condition of frontage improvements, the
waiver of protest, and the right-of-way dedication.
Thank you for your time and this clarification. If you have any questions please feel free to
contact me at (360) 458-8496.
Sincerely,
;_~
~Grr-uc '~'~..._
Tami Merriman, Associate Planner
Community Development Department
cc: Andy Marcos, Puget Sound Energy
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