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20140113 T-Mobile Modification NOD 06302014 City of Yelm Site Plan Review Committee 105 Yelm Avenue West Yelm, WA 98597   NOTICE OF DECISION DATE: June 30, 2014 PROJECT NAME: T-Mobile Antenna Modification PROJECT LOCATION: 16220 Railway Road SE, Yelm, WA 98597 PARCEL NUMBER: 64300700600 CASE NUMBER: 20140113 Notice is hereby given that the Community Development Department issued a site plan review approval to T-Mobile, in order to replace existing and add new antennas to an existing wireless communication facility at the above referenced location. The complete decision may be viewed on the City’s website at www.ci.yelm.wa.us and choosing ‘Agendas/Notices’ and ‘Public Notices’ from the menu system. A copy of the decision may also be obtained at the Community Development Department in City Hall at 105 Yelm Avenue West, Yelm, WA 98597 during normal business hours for a fee of 15 cents per page. For additional information, please contact the Community Development Department at 360-458-3835.  City of Yelm Site Plan Review Committee 105 Yelm Avenue West Yelm, WA 98597  Site Plan Review 20140113 Findings of Fact, Conclusions of Law, and Decision Findings of Fact 1. Railway Road Projects, LLC owns Lot 5 & 6, Block 7 of McKenna Irrigated Tracts, known as 16220 Railway Road SE, Yelm, WA, and identified by Assessor’s Tax Parcel Number 64300700600. 2. The property is approximately 9.62 acres in area and is identified by the Yelm Zoning Code as being within an Industrial (I) zoning district. The Industrial zone is listed as a priority location for Wireless Communication Facilities (WCF). 3. T-Mobile leases a portion of the property that currently contains an existing 150 foot steel monopole WCF. The existing wireless communication facility was constructed in 2008 as authorized by the City of Yelm site plan review approval number 20070355, issued in 2007. 4. T-Mobile desires to add two (2) COVP, two (2) FXFB, three (3) FRIG, six (6) diplexers, one (1) hybrid cable, and replace existing three (3) dual antennas with three (3) new TMBXX-6516-R2M antennas on an existing wireless communication facility. 5. Wireless Communication Facilities are regulated by Chapters 17.67 17.84 YMC. Wireless Communication Facilities are allowed in priority and secondary locations, including the Industrial zoning district, through a site plan review process 6. T-Mobile submitted an application consistent with the requirements of Section 17.84.060 YMC for site plan review approval (20140113). The application included materials required by Section 17.67.070 YMC for wireless communication facilities: the proposed color(s) of the antennas; documentation that the WCF will not cause substantial noise or interference with electrical, transmission or reception functions or cause similar disturbances and information identifying the radio frequencies to be received, transmitted, or relayed from the facility, and technical documentation demonstrating compliance with FCC standards for electromagnetic field strength in the form of power density expressed as micro-watts per square centimeter. 7. As required by Section 15.49.130 YMC, the Yelm Community Development Department mailed a Notice of Application to local and state agencies and surrounding property owners on May 6, 2014. In addition, the Notice was published on the City’s website on May 6, 2014. No agency, property owner, or interested party submitted comments on the proposed application. 8. Chapter 15.40 YMC requires the reviewing authority to determine that required urban infrastructure is available at the time of development (Concurrency), which is a determination that the facilities necessary to serve a proposed development are in place or planned for and properly funded with a reasonable expectation that the facilities will be in place at the time needed to preserve adopted levels of service. a. 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 subject property is within the City’s sewer service area but is not currently connected to, nor required to be connected to, the City’s STEP sewer system. b. 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 subject property is within the water service area but not currently connected to, nor required to be connected to, the City’s water system. d. Concurrency with transportation infrastructure is achieved pursuant to Section 15.40.020 (5)(c) YMC when the project: i. Makes on-site and frontage improvements consistent with city standards and roads necessary to serve the proposed project consistent with safety and public interest; ii. 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; iii. 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. The project has frontage along N.P. Road, Rhoton Road, and Railway Road SE. Frontage improvements for the three roads are currently incomplete and are required to be constructed to current standards. Section 4B.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. The project fronts N.P. Road, Rhoton Road, and Railway Road SE. The unmanned facility requires maintenance or personnel trips about one-time per month. The applicant requested and received a deferral of frontage improvements when the existing WCF was constructed. The deferral was recorded in 2008. A new and updated deferral should be executed. This satisfies the requirement for concurrency with transportation infrastructure. e. Concurrency with school infrastructure is achieved pursuant to 15.40.020 (B)(4) 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 proposal will have no impact on the School system as it will not increase the number of students within the school district. f. 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 SE Thurston Regional Fire Authority and endorsed by resolution of the Yelm City Council. The Council has waived the fire impact fee by Resolution 533 until the SE Thurston Regional Fire Authority establishes a region wide impact fee. This fee is subject to change by City Council resolution and is collected at the time of building permit issuance. 9. The City has identified and adopted Determination of Non-significance, Case No. 200700355, which was issued for the original wireless communication facility and antennas. The document meets the City’s environmental review needs for this proposal. 10. All of Yelm is considered a critical aquifer recharge area. Existing development regulations require the treatment of stormwater prior to infiltration into the ground as well as the containment of hazardous materials on-site address the potential impacts to this critical area. The City Critical Area Maps indicate that the west portion of the property lies within the 100 year FEMA flood zone, however the existing tower lies outside of wetlands, flood zones, and high ground water buffer areas. 11. The existing wireless communication structure was permitted in 2007. At that time the site and structure was reviewed for compliance with City of Yelm Design Standards. No new structures or site improvements are being proposed. The applicant has provided color schemes for the new and replacement antennas that match the existing antennas. No additional site or constructions design standards are required. 12. Impervious surfaces create stormwater runoff which, when uncontrolled and untreated can create health, safety, and environmental hazards. The City of Yelm has adopted the 1992 Department of Ecology Stormwater Manual, which requires all development to treat and control stormwater on site. The proposal is not creating any additional impervious surface. A stormwater report is not required for the proposed project. Conclusions of Law A. 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. 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. Street frontage improvements have been previously deferred by a waiver of protest recorded with the original wireless communication facility. This deferral shall be updated to the current date and re-recorded. D. The Site Plan is valid for eighteen (18) months from the date of this approval. The applicant may request a six-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. Decision The request for site plan review approval is hereby granted subject to the conditions contained in the conclusions above. Dated this 30th Day of June 2014 _______________________________ ___________________ ____________ Grant Beck, Ryan Johnstone, Community Development Director Public Works Director _______________________________ Gary Carlson, Building Official Prepared this 30th day of June 2014 _________________________ Tami Merriman, Associate Planner Appeal The Site Plan Review Committee’s decision in this matter may be appealed, pursuant to Chapter 15.49 YMC, to the City of Yelm Hearing Examiner no later than 14 days from the date of this decision. An appeal must be in writing, contain specific factual objections, and include the appeal fee of $50.00.