20180139 Verizon Equipment Replacement Decision
City of Yelm
Site Plan Review Committee
105 Yelm Avenue West
Yelm, WA 98597
Ministerial Site Plan Review 20180139
Verizon Remove and Replace Ancillary Equipment and Reinforcement
Findings
of Fact, Conclusions of Law, and Decision
Findings of Fact
1. Armando Morales 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. Verizon Wireless 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. Verizon Wireless desires to remove and replace ancillary equipment, and install a reinforcement kit on the existing antenna array on an the existing wireless communication
facility.
5. Wireless Communication Facilities are regulated by Chapter 18.70 YMC. Wireless Communication Facilities are allowed in priority and secondary locations, including the Industrial
zoning district, through a site plan review process. A ministerial site plan review approval is required for the modification of an existing wireless communication facility.
6. Verizon
Wireless submitted an application consistent with the requirements of Chapter 18.10 YMC for site plan review approval (20180139). The application included materials required by Section
18.10.120 YMC for wireless communication facilities.
7. As required by Section 18.12.060 YMC, the Yelm Site Plan Review committee reviewed the application materials submitted.
8. Chapter
18.16 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 18.16.050 (A)(c) YMC when the city’s sewer system is operating within the conditions and parameters of the city’s national pollution discharge
elimination permit and has capacity to serve the proposal. 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 18.16.050 (A)(b) YMC when the status of the city’s water system annual operating
permit with the Washington Department of Health allows new water system connections. 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.
c. Concurrency with transportation infrastructure is achieved pursuant to Section 18.16.050 (A) (a) YMC when frontage improvements have been
or will be constructed prior to building occupancy and all improvement identified as necessary to issue a finding of concurrency on the underlying development approval have been made
or are fully funded six years from the date of the approval of the underlying development approval.
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 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 signed by the previous property owner recorded in 2008, and updated in 2015.
e. Concurrency with school infrastructure is achieved pursuant to Section 18.16.090 when the project
makes a contribution to the Yelm Community Schools as identified in the most current version of the capital facilities plan adopted by Yelm Community Schools and endorsed by resolution
of the Yelm City Council. 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 18.16.090 YMC
when the project 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. This fee is subject to change by City Council resolution and is collected at the time of building permit issuance.
9. 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. The applicant proposes to paint all equipment to match existing conditions,
as well as unit placement behind existing antennas. Equipment to be installed are not noise generating and does not exceed levels allowed in the industrial zone pursuant to Section
18.51.020 (B).
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 current Stormwater Management Manual for Western Washington as issued by the Washington State Department of Ecology, 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 18.12.060 (B) 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 a ministerial site plan review approval satisfies all criteria set forth in Section 18.12.060 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.
C. 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 12th Day of April, 2018
_______________________________ _______________________________
Grant Beck, Community
Development Director Chad Bedlington, Public Works Director
_______________________________
Chris Vaccaro, Building Official
Prepared this 12th day of April, 2018
_________________________
Tami
Merriman, Associate Planner
Appeal
The Site Plan Review Committee’s decision in this matter may be appealed, pursuant to Section 18.10.100 (A) YMC, to the City of Yelm Hearing Examiner
no later than 21 days from the date of this decision. An appeal must be in writing, contain specific factual objections, and include the appeal fee of $1,250.00.