Staff Report (2)
STAFF REPORT
City of Yelm
Community Development Department
To: Stephen K. Causseaux, Jr., Hearing Examiner
From: Grant Beck, Director of Community Development
Date: January 6, 2004
Subject: Appeal of Site Plan Review Approval SPR-03-8354-YL APL-03-8361-YL
Appellant: Mr. and Mrs. Steve Rothwell 1011 West Yelm Avenue Yelm, WA 98597
Location: 1011 West Yelm Avenue, Tax Parcel Number 21724130300
Proposal: Appeal conditions 2 and 3 of the site plan review approval, requiring connection of existing buildings on the property to the City sewer and water systems.
I. INTRODUCTION
The Rothwell’s appeal conditions of their site plan review approval allowing the after the fact conversion of a residential accessory structure to a dance studio.
II. FACTS
On May 5, 2003, the Rothwell's were issued a building permit to construct a “50 x 64 enclosed play area” classified as residential accessory. The building was reviewed as a group U
occupancy under the 1997 Uniform Building Code, which is defined at Section 312 of the 1997 Uniform Building Code as:
Group U Occupancies shall include buildings or structures, or portions thereof, and shall be:
Division 1. Private garages, carports, sheds and agricultural buildings.
The Uniform Building Code considers this particular occupancy group as private (not for use by the general public) and does not require the same level of life safety requirements as
if the structure were open to the public (as in a dance studio) such as: egress with panic hardware; fire alarms and detectors; and restroom facilities.
The Yelm Zoning Code considers an enclosed play area with a group U occupancy to be a accessory use to the single family dwelling on the property.
Subsequent to the final approval of the structure for private recreational use, the Community Development Department became aware that the Rothwell’s were advertising dance lessons at
the Luv2Dance Studio via flyers and advertisements at the Yelm Cinemas. Upon investigation, it was determined that the Rothwell’s were operating the dance studio out of the building
permitted as a residential play area and that restroom facilities had been installed inside the structure without benefit of building or plumbing permits. Further, the restroom was
connected to a well and the on-site sewage disposal system located on the property without benefit of approval by the Thurston County Health Department.
The Rothwell’s were notified of the violation through a letter from Gary Carlson, the City’s Code Enforcement Officer and Building Official on July 2, 2003.
On July 16, 2003, a pre-submission conference was held with the Rothwell’s in order to review the requirements to convert the building to a dance studio. During the meeting, it was
indicated that the requirements for conversion of a portion of the structure would be significantly easier to accomplish and the pre-submission notes were updated on August 6, 2003,
assuming that 1,000 square feet of the building would be separated for use by the dance studio.
The Site Plan Review application was approved on December 3, 2003. The permit was issued with a number of conditions of approval, including
2.a. The applicant shall connect all existing structures to the City water system. The cost to connect shall include a fee of $1,500.00 per Equivalent Residential Unit (each ERU equals
240 gallons of water consumption per day, fee subject to change.). The applicant shall provide proposed water usage calculations for the dance studio to the Community Development Department
for review and approval, to determine the number of gallons of daily use.
2.b. The applicant shall abandon the existing well per Washington State Department of Ecology standards, and transfer any existing water rights to the City of Yelm.
3.a. The applicant shall connect all existing structures to the City S.T.E.P. sewer system. The cost to connect shall include a fee of $5,125.00 per ERU (each ERU equals 240 gallons
of water consumption per day, fee subject to change). The number of ERU’s required will be determined by approved water consumption calculations.
3.b. The applicant shall abandon the on-site sewage systems per the Thurston County Department of Health standards, and provide proof of approval to the City.
The property is just over 4 acres in area, fronts on Yelm Avenue West, and currently is occupied by a single family dwelling, a double wide manufactured home, and the building constructed
as a residential enclosed play area. A well located on the property provides potable water to the
house and manufactured home, as well as being connected to the enclosed play area without building permit or County Health Department approval. There are two on-site sewage disposal
systems serving the house and manufactured home. The system connected to the mobile home was installed in 1970 to serve two bedrooms pursuant to permit number 3054 issued by the Thurston-Mason
Health District. The applicant’s engineer was unable to provide any records relating to the septic system serving the house, most likely as the house was constructed in 1944 and pre-dates
requirements for building or septic permits.
According to the Washington Department of Health Rules:
Public water system shall mean any system providing water for human consumption through pipes or other constructed conveyances, excluding a system serving only one single-family residence
and a system with four or fewer connections all of which serve residences on the same farm. [Section 246-290-020 (1) WAC]
A Group B water system is a public water system that does not meet the definition of a Group A water system. (See Table 1 and chapter 246-291 WAC for further explanation of a Group B
water system.) [Section 246-290-020 (5)(c) WAC]
The Rules and Regulations of the Thurston County Board of Health (Health Code) states in Article III:
1.2 General Requirements. Every residence, place of business, or other building or place where people congregate, reside or are employed shall be served by a water system that is designed
and operated to deliver safe drinking water.
1.2.1 Single-family, two-party, and rental unit water supplies shall be subject to the requirements of PARTS 1 and 2 of this regulation.
1.2.2 All public water supplies except two-party systems shall meet the design, construction, monitoring, quality, quantity and operational standards of PARTS 1 and 3 of this regulation
and Chapter 246-290 WAC. Two-party water systems shall be considered public water systems for the purpose of administering the Thurston County Coordinated Water System Plan. Only the
buildings and projects identified in SECTION 7.3 are exempt from this regulation.
The South Thurston County Urban Growth Areas Abbreviated Coordinated Water System Plan establishes policies related to public water systems within the Yelm Water Service Area and Urban
Growth Area, as follows:
The designated water system is assigned a priority right to provide service within their designated Urban Water Supply Service Area (UWSSA). The UWSSAs for the municipalities of Yelm,
Rainier, and Tenino are their respective Urban Growth Areas as identified in the Joint Plans adopted by the municipalities and Thurston County…
The UWSSA is the area intended to be ultimately served by the designated utility… [Section 2.1 Water System Plan]
Over time, existing small public water systems should generally be incorporated into the designated utility to ensure adequate fire flow to protect structures and public safety and provide
professional water system operation and management. Wells that are no longer used must be properly decommissioned to reduce risk of groundwater contamination and allow full development
of these areas. Timing of incorporation into the designated system will depend on connection requirements of the individual water systems. [Section 2.1.2 Water System Plan]
Minimizing the number of separate water systems is a long-term objective of the Public Water System Coordination Act. Incorporating existing small systems into municipal systems is
consistent with this objective. [Section 4.5 Water System Plan]
Yelm’s Comprehensive Plan and Joint Plan with Thurston County addresses public facilities and utilities in Chapter V, which states at Section V.3.d:
The City considers a septic system a temporary system within the urban area and incompatible with long-term urban densities. Development standards shall be developed to identify the
timing and nature of funding and conversion obligations for septic systems in the urban area. Groundwater monitoring is appropriate in areas under septic tank management.
Most of Yelm is in an area of extreme aquifer sensitivity. The current sewage treatment plan was required due to groundwater pollution concerns. For this reason, development at urban
levels of density on septic tanks is not in the public interest.
Many areas within the Urban Growth Area are already on septic tanks. In addition, some development will likely occur at one unit per five acres density on septic tanks within the unsewered
areas of the City and the Urban Growth Area.
The City will permit development in non-sewered areas with low densities on septic tanks. Such installations must be prepared to transfer to the sewer line when facilities are available
and hook-up required under the criteria set forth in the development standards. The County would follow similar guidelines in the unincorporated Urban Growth Area.
The City’s Development regulations implements the Comprehensive Plan at Section 7A.020:
Except as provided herein, it shall be unlawful to construct or maintain any privy, privy vault, cesspool, or other facility intended or used for the disposal of sewage and to install
or use any onsite soil absorption systems in such cases where the City’s sewer collection system is available for service as provided herein. For purposes of this Section (Ordinance
505), the sewer collection system shall be deemed available when the premises are within 200 feet of the City’s collection lines; provided that the City’s treatment plant holds sufficient
unused capacity to
treat the expected sewage from the premise. The 200-foot distance shall be calculated by measuring from the lot line closest to the existing portion of the City’s collection system.
For the purpose of this chapter, when sewer is not available as defined in this Section, primarily treated waste water may be disposed of onsite with a treatment and disposal system
that meets the approval of the Health Officer. All components shall be designed and constructed to meet the City of Yelm’s STEP System Standards, included in this Chapter. The City
of Yelm shall establish the standards under which all components of the system will be constructed, including: side sewers, tanks, pumps, pump controls, and associated appurtenances
for both the municipal system and onsite soil absorption systems that will be converted for use in the transport of effluent to the Yelm municipal collection system at such time as sewer
is available.
The owner(s) of any premises upon which any building is located within the City’s sewer service area shall connect to the City’s municipal sewer system if: (a) the City’s sewer collection
system is available to the premises, as defined herein; (b) the Thurston County Health Department has determined that the interests of public health and safety require a connection to
the City’s municipal sewer system. Where the sewer collection system is available and as such, a property owner is required to connect to such system, such connection shall be made
when, in the opinion of the Health Officer, the on-site system on the premises requires repair or replacement. Such connections shall be made at the sole expense of the owner within
30 days after notification by the City that service is available.
These policies and regulations have been codified at Section 13.08.020 (A) Yelm Municipal Code:
It is unlawful for any person to place, deposit or permit to be placed or deposited, any human or animal excrement, sanitary sewage or other objectionable waste, by any natural or nonnatural
means in any manner, upon property of the city or private property within the city sewer boundaries, or in any area under the jurisdiction of the city, except through the city’s sewage
collection system or through an approved on-site system as provided in this chapter.
Section 17.84.010 (A)Yelm Municipal Code states that:
Site plan review and approval shall be required prior to the use of land or building for the location of any commercial, industrial or public building or activity, including environmental
checklist review, and for the location of any building in which more than two dwelling units would be contained. Additionally, site plan review shall be required for any allowed, regulated
or special use activity on lands containing a wetland or wetland buffer areas pursuant to the requirements of Chapter 14.08 YMC.
Section 17.84.020 (C) states that a Site Plan Review should be approved when:
The SPRC shall review a site plan and approve, or approve with conditions, site plans which conform to the standards, provisions and policies of the city as expressed in its various
adopted plans and ordinances including the applicable sections of the shoreline master program for the Thurston Region.
III. ISSUES
The appellant indicates that the site plan review approval should be issued without conditions 2 and 3 for the following reasons:
1. The possibility of connection to sewer and water were not addressed in the pre-submission conference and, therefore, the City is barred from requiring this as part of the site plan
review approval.
2. The existing well is adequate and legal for the existing dwellings.
3. The project is not 'new development' as there is no major building construction on the property.
4. No City regulation or standard requires the connection of the existing residences to the City water and sewer systems.
IV. ANALYSIS
A. Statements in a pre-submission conference are not binding on the subsequent permit.
1. A pre-submission conference is a preliminary meeting with potential developers to review the general requirements for a development. It is simply not possible to complete a full
project review at the time of the pre-submission meeting as the detailed application materials required for the permit review have not been submitted. The written notes for a pre-submission
meeting prepared by the Community Development Department make this clear with the following statement:
These comments are preliminary in nature and are not intended to represent final comments and or requirements for the City of Yelm. Until a complete application is made, the Community
Development Department can only attempt to inform the applicant of general requirements as they appear in the form presented by the applicant at the time of pre-submission.
In the case at hand, the site plan submitted by the Rothwell’s for the meeting did not contain any dimensions, show the limits of the proposed parking area, identify water or sewer connections
or the existing drainfield or well, identify the access to the building or even which portion of the building would be used for the dance studio. In fact, key information was not presented
(including the proposed
internal building layout) until the application was determined to be complete on October 30, a month after the site plan review application was initially submitted.
2. Even if a pre-submission meeting were binding, the Rothwell's were clearly made aware at the pre-submission conference that the possibility existed that connection to City services
would be required, and that this issue would be reviewed as part of the site plan review application. The Development Services Engineer for the City noted in his written comments that:
NOTE: It is unknown at this time if the existing residence will be allowed to continue on the current water and sewer system. These options will be reviewed at the time of civil engineering
review. If the residence is required to connected to the public water and sewer system, the well and septic system will have to be decommissioned.
C. The well is a public water system within the Yelm Water System Service area which must be abandoned.
The Rothwell’s are incorrect in stating that the existing well is not a Group B water system which requires approval by Thurston County. Any well which provides water for human consumption
excluding a system serving only one single-family residence is a public water system pursuant to Section 246-290-020 WAC. Two party water systems shall be considered public water systems
pursuant to Article III, Section 1.2 of the Thurston County Health Code.
The policies of the Water System Plan, adopted by both Thurston County and the City of Yelm as the primary water service provider within the urban growth area, clearly indicate that
other water systems within Yelm’s service area should be incorporated into the municipal system.
D. The construction of a 3,200 square foot enclosed play area followed by a conversion to a dance studio requires Site Plan Review Approval.
Whether or not the project is considered a ‘new development’ a site plan review approval is clearly required by Section 17.84.010 as the project is a new commercial or public building.
The construction of a building exempt from site plan review and subsequent conversion is reviewed no differently than a new building for a commercial or public use.
E. A site plan review is a discretionary permit.
The site plan review process is a discretionary land use permit that may include conditions of approval designed to implement adopted policy as well as regulatory requirements. The
policies of the Comprehensive Plan, the Coordinated Water System Plan, the Development Guidelines, the Municipal Code, and the County Health Codes when reviewed together clearly indicate
that within the urban growth area urban services should be provided by the City of Yelm. Picking at the individual threads of this policy does not unravel the tapestry.
V. CONCLUSION
The conditions of site plan review approval are appropriate, are supported by adopted City policies, are not contrary to law, and should be upheld.
LIST OF EXHIBITS
Staff Exhibit 1 - Notice of Appeal
Staff Exhibit 2 - Building Permit Number 6967
Staff Exhibit 3 - Advertisements for Luv2Dance Studio
Staff Exhibit 4 - Enforcement Letter dated July 2, 2003
Staff Exhibit 5 - Presubmission Meeting Materials
Schedule (1 page)
Request (3 pages)
Land Use Notes (6 pages)
Civil Notes (6 pages)
Building Notes (1 page)
Updated Land Use Notes (5 pages)
Updated Building Notes (1 page)
Staff Exhibit 6 - Site Plan Review Application
Application (5 pages)
Notice of incomplete application (1 page)
Updated Application (4 pages)
Staff Exhibit 7 - Site Plan Review Approval
Staff Exhibit 8 - Septic Permit Number 3054
Staff Exhibit 9 - Assessor’s Information