Letter to Dan Lee 04 09
City of Yelm
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
April 14, 2009
Dan Lee
Triance Group, Inc.
9138 Burnett Road
Yelm, WA 98597
Dan:
This is in response to your letter dated April 7, 2009, again requesting the City issue a certificate of occupancy which would violate the clear conditions attached to the recorded subdivision
of Forrester Heights, now known as Palisades West.
You may not be aware that City staff spent considerable time and effort reviewing this matter last December when Steve Chamberlain asked the City to ignore the condition of final subdivision
approval and issue a certificate of occupancy for the home in question. Now, as then, we can find no options other than installing the booster pump station as proposed and approved.
While it unfortunate that Lt. Colonel and Mrs. Smith are caught in a difficult position, please keep in mind that the requirement for a booster pump has been a known condition since
the first meeting on this project in 2005, and could have been addressed many times before now. The City did not create the circumstances which are making it difficult for the developer
to meet his obligations, and has been flexible throughout this process to the point of now having no choice but to hold firm.
In fact, at the initial pre-submission meeting in May of 2005, which you attended, the City's Development Review Engineer noted that
"This project location is on top of a hill. I would highly recommend that you have your engineer look at the elevation of the location and how it is going to effect the hydrant operation.
This location is 6 feet higher than the base of the Baker Hill Water Tower."
The subdivision application was subsequently submitted and the staff report to the Hearing Examiner in September of 2006 stated that:
"The City of Yelm’s current water system cannot provide the fire flow and water pressure that is required to serve this proposed subdivision due to the significant amount of topographic
relief, and the project is approximately the same elevation as the City’s water reservoirs. Service of the City water system will require the installation of a booster pump. Civil
plans shall include an analysis of the water system and propose appropriate mitigation measures."
The Hearing Examiner, in his decision to approve the preliminary subdivision on September 27, 2006, found that:
"The City of Yelm will provide both domestic water and fire flow subject to the applicant paying the connection fee. Furthermore, due to the height of the parcel, the applicant must
install a booster pump to provide both fire flow and domestic water pressure."
Based on this finding, the Examiner attached the following condition:
"Civil engineering plans shall include an analysis of water system pressures and propose appropriate mitigation for probable low pressure flows at the project site, such as a booster
pump."
The developer, however, requested during the civil plan review process that the water system be installed prior to designing a booster pump station in the hopes that pressures would
meet fire flow without the booster pump. This approach was approved by the City on March 20, 2007, but with the following caution:
"After the installation of the water system, the water system will need to be tested to verify if the system is going to meet the fire flow requirements and domestic pressure requirements.
The testing perimeters, target flow and target pressures will be determined by the Public Works Department and only the Public Works Department. If the installation does not meet the
testing requirements as set forth by the Public Works Department then the subdivision will not be approved and a final plat application will not be accepted by Community Development
Department."
"This approval has been granted to allow the system to be installed and tested to verify exactly what additional improvements may be needed to serve this subdivision. The above approval
does not guarantee that the existing system will be adequate to serve this application."
At the request of the developer, who wanted to convert construction financing to long term financing, the City agreed to allow the subdivision to record with the following condition:
"No building permit shall be issued within this subdivision until a booster pump is installed by the developer and approved by the City of Yelm which provides adequate fire flow per
the International Fire Code and City of Yelm standards, provided that a building permit may be issued for a model home if a fire protection plan is approved by the City of Yelm Fire
Marshal and SE Thurston Fire/EMS."
Rather than have a sales office in the model home, you chose to construct the model home as a residence, apparently in the hopes that the booster pump station would be installed and
approved prior to occupancy.
If you choose to pursue amending the final subdivision in order to remove the condition relating to the installation of the booster pump station, the fee is $750.00 and the request requires
a public hearing before the Hearing Examiner, who would make a recommendation to City Council. The Community Development and Public Works Departments would oppose any such amendment.
Please keep in mind that the subdivision also contained the condition that "no certificate of occupancy for any habitable structure shall be issued until a sewer roll seal is installed
by the developer and approved by the City of Yelm" and that the City is still owed $25,015.43 for plan review fee's which will be required to be paid before the pre-construction meeting
for either the booster pump station or the pressure sustaining valve (roll seal).
Sincerely,
Grant Beck, Director
Community Development Department
c. Lt. Col. Andrew and Cynthia Smith
15339 105th Avenue SE
Yelm, WA 98597