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Application with attachments',.~4 ~~ ~ldF fi~ '~,. / '7~^~~ !l~ Y 11~~ Dale Received 9 iJ b~ J LJ ll G [[[~~~ y ~ ,~ File No. ~' m Commurxity 17euelopment 17epartrnent. l*Ild~1L PL1~T APPLICATrON ~~ ~' !1.! Dl~'~ c !UT ~ YELM ~'~~ f /G~r L'C`771e(--{'f~ L9rJ S GfG~~C~~ ~,~..,a~~>~~.c>, ©o {~~ r>~f nvr- ~~~~ r>~`uc6u~~ ~~ C~i ~ (pvnc~ l o,'~ «(1 / f v-~~ Fee:5~56,90 C'mr~~nt1~.,~r~ -s~~-G (In addition, any professional service charges per Resolution #358) APPOINT1t~IENT REQII UIR&D I<OI~ A1PPLICrtTIQN SUB IMITTAL - Plece Ise call X158-3835 1 Subdivision Name ~Gl `4 SCh ~(~> 61~L~~~ ~ ~~i C~~LI~~ ~ ~ l ~ I f.~{j , ,'~1 ~-- ~ ~~~ `~ ~~~ J Case # and Name of Preliminary Plat Approval ~U~ - ~'~ _ ~ ~` g ' ~ L ~~ r~P ~~~ ~r ~ ~~' ' ` lax Parcel Number{s) c~? ~1Gt rr'iP t7~ GUr~iifi~ L~1`~ "~E~ ~, i ~ ~ ~ ~' ~~ tl ~~'C~ ! .~1~~~ ~ ~~r1' ~fie~e+kHeERr !} y7l~ta C~-rt-~ ~Q ~ r~5(?fl`fi~.`~~rF'_ sr~~va~z r, d~L ~ ~> ~" 1 ~ ~~~' f l l.t>~ h t~G~~YI N e Name -~~~~~. n ~ct~ Q ~ c.~~-- Address Address ~~y C~~~I~>~ CJaUS. C~ lc~ r-,->< ~ ~ c~ ~ Zy~l ~ g ~U I Phone ~1 Fax C~ / 1--7q _ Phone Fax E-mail ~C' t"\ ~U s.:h rmC~ Q? ~{.'6ti'~hl A>>1 ~t~.% , E-Mail ~ ~ ~ }~ C~ I r~ /~ ~ 7 !- 1 ~ ! 7 ~1 ~ ~I `,~ f r.~ , Pf,R~PE-RTYOWNEC2{5} ~v] !-~'~ !~ ENGINLE ~ ~~ - ~',~ ~ r~rYVi.rr~n`5jof`: ifl `f ~lk-~ ~-U'~~f('J~-~ OI.C'f1~•~• ,L~J,"_"..`~`~`> '~~~i~~`~l~i •~y1-I~1 ~~I~jRGi~ 1 - ~ N me N 6'n ,l ~- ~/'s_ F~~~UtL~r~ ~53~~ f(."~•5~n ~~. ~~ ~7r>X~~~ C.Ix~nherl~f.~n ~f--J 1 L~ ~e G~..~-F- T~}~'r ~"} c' Address Address ,~ F'~'' - ~ L(ytJ t-,`~S2r'~G~ t~ r'U"i t ~ ~{'Y~ f ~i'11,~ ~ [`~ •~~~ ~ r'(z~G>t_~ ~ ~ % f'"~2 , -~ ~ . •~L-~ r~ ,jLJ1 ~~ ~. t ~. ~ j • j ~ J ~, ~2 I S~ Phone ~ u~.~(~ Phone Fax E-mail 5 n-,`I'i`lz ._.. ci .--- C- ~ P'tsn .C rJr'rl E-Mail .SIG ~ S ~ C~' rnc;~ ~ , CL~~~'1 LAND USE RREAKD©WN {Calculate to the Nearest Hundredth) _ ~ ~~ . E--} ~ ~ ~l~Un ~~~~I 7r~~n~~PC~ ~ Total Acreago ~--r-7~ ~_^~ )~)') ~r S~ C ~1 ~~ ~~ ~ ~' ~ Number of Sungle Family Residential Lots Number of ultifamily ResidenGai Lots Number of Commercial Lots Number of Industrial Lols Smallest Lot Area Average Lol Area Total Acreage in Open Space Fee in Lieu of Open Space Length in Public Streets Totai Acreage in Public Sireeks Length in Private Streets Total llcreage in Private Streets All of the information on the reverse side of this application is required to be filed at the time of final plat submittal unless a written waiver from the planner or engineer accompanies the application. After this offce has received written aci<nowledgment from all departments required to sign the plaf, the legislative body will be so advised and a date for a public meeting will be set for their consideration. 103 }elrrr Auenue, Liest (JGf)} ,daft-3S3a I'(7I3oc -}79 (JGt71 -ii~4-3I-I~1 kiln Yelnr, }iG5 .7&n"9A a~trta.ci.}•elni.u~u.us CHECKLIST ~- ,~/o`~ /r.~~ ~ lL"v`~`-c! `~v Submitted Missin SUPPOF2TING f7CGl1MEN75 (Submit one copy of each document, unless otherwise noted) 1. Plat Certificate, date not to exceed thirty days prior to submittal. 2. A copy of any deed restrictions app3icab€e to the subdivision. 3. A copy of any dedication rec{uiring separate documents. 4. Approval {signed off punchlist) by the engineering department that the subdivider has complied with one of the fol€owing, A. Alt improvements have been installed in accordance with the requirements of this title and with the action of the aegislative body giving approval of the preliminary p3ai; t3. An agreement and financial security have been executed as provided for in the Subdivision Ordinance to assure completion of required improvements. 5. Mathematical boundary closures of the subdivision showing the error closure, if any {4 copies). e. The mathematical lot closures and street centerline c€osures, and square footage of each parcel (4 copies). 7. Lots containing one acre or more shall show net acreage to nearest hundredth. 8. A phasing plan {if applicable.} 9. A summary explanation is required of how a€€ City Counci€ conditions of approval and SEPA mitigation have been met, 10. Final drawings on disk in Auto Cad format. 1 i. A copy of any Home Owners Agreement 12. A copy of any Maintenance Agreements (Storm Water andlor Open Space.) 13. Warranty Agreement for all improvements. 14. Bills of Sale far Sewer and Water. 15. ©eferral Agreement-- Waiver of Protest (if appticabie.} 16. Storm Water Maintenance Agreement. 17. Water Rights Agreement (if applicable,) 18. Homeowners Agreement. 19. LID Segregation Application (if applicable.) 20. Documentation oT WeEVSepticlOrain field Abandonment. 21. School Mitigation Agreement. 22. Latecomers Payment (if applicable.) 23. Open Space Fee in-lieu of Payment {if applicable.} 24. Any outstanding City fees. 25. As-builts. 26. Plat Map (11 folded copies -rolled not accepted.} 27. One 11 x 17 reduced copy of the Final Plat Map Date Checked: Checked by: Additional Information Requested: Additional Information Received: Application Colnpi jr'Ic ~ ~'c~r~c~ ~~7~~.5 105 Yelm A.uerrue li'ese (3G0) 458-3535 Y013or..179 (3Gt7) 458-31~791~AC S'rhn, 41rA 98597 rnurrc.r.i.1'~1nr.ira,uS RESOLUTION NO. 358 YELM DEVELOPMENT FEE SCHEDULE (All applications are subject to additional professional review and consultation fees)' SUBJECT Presubmission Conference2 Annexation Initiating Petition "Sit~ple"Annexation "Complex" Annexation Appeala Staff Decision Commission Decision Binding Site PIanlSite Plan ReviewlDesign Review Mobile Dome Park Mufti-FamilylCondominium Commercial Site Plan Industrial Site Pian Conditional or Special Use 1 Substantial Shoreline Development Home Occupation Master Plan' Conceptual Master Plan Approval Final Master Plan Approval Ordinance Text Amendment APPLICATION FEE No Fee No Fee $ 350.00 $1 ,250.00 $ 50.D0 $ 100.00 $ 250.00 + $50.00 space $ 350.00 + $50.00 per unit $ 350.00 + $50.00 per 1,000 sp. ft. of gross floor area $ 350.00 + $150.00 per acre $ 506.00 $ 50.00. $1 ,000.00 + costs $1 ,000.00 + casts $ 50o.ao Planned Development District $ 750.06 + $25.00 unit Plats Boundary Line Adjustments $ 100.00 Large Lats $ 250.00 + $10.00 per lot Short Plaf $ 250.00 * $50.00 per lot Preliminary Full Pla# $ 750.00 + $25.00 per lot F~tal.Full Plat $ 750.00 State Environmental Policy Act {SEPA) Environmental Checklist $ 150.00 Environmental Impact Statement $1,500.00 Vacation of Plats, Right-of-Way, & Easements $ 100.00 + $250.00 if approved Variance $ 250.00 Zoning Map Amendment {Rezone)IShoreline Designation $1,000.00 Transportation Impact Analysis Data $ 500.00 k,;ngineering services and Legal services at prcvailii~g rates as necessary #br revie~~~, or as requested by ahplicant. Civil 1ngineering review at prevailing rates. '' Initial 1'resubmission conference at no cl~argc. Additianai assistance requiring engineering acid/or legal ser,~ices will be gilled at prevailir7g rates. ' Al~pcal fees are su~iect to ul~ to a 50%i-cfiwd at the discretion of the final decision-maker upon fsr~ding in favor of the appealing party. Pees Wray be reduced oa- waived by tl~e Ci€y Council u17on a finding of general p~rblic benefit. Combiized multiple aP171ications, excluding environmental review, annexations, and 'I'lA Data, subr~iitted concurrently a€•e discounted by SO% for all fees greatea• €13an the highest individual fee. `€'he above fees do not ii~elude consta~uction permits, recording costs, and fees of other agencies L l.E `7,L 1.1V1~: 11 V ~~.~'~.W O~:{I{~C.I~S, P.S. I3cnC~lsl~n~an~u~Ct~shn~~lnla~~=.coz~~ Mr. Grant Beck, Director Con~n~unity Development Dept. City of Yelm 105 Yelm Avenue West Yelnl, WA 94597 924 C;,1P1'1'C~I, u~:1Y SO~;'Cf I C)I,l Al1'1:1, 1C4\SI IING"ION 9Sj(71 (iGO~ ;~ i~ 9183 I~rlC;Sl\il l,l , (i(13j 9jC-979j August ? I , ?009 RL: Application for Minor Plat Amendment to Palisades West Dear Mr. Beck: ~C)S1'.Plt \CC SC;iiDliRl r1,i~rn;1 ~. cl3Yla•:NU;11.1. ;~.-11 1U :11~>t s I"V'R.E) I X l iRl SG[ ).~ :\i <(1 1I)~I E~I~1-I ~a) IX :U.1iE<r1. C)StE?(;(5\, 11111 EU Xclli'1'll ~::1I2(11.I \':5 is ;I j(1 1UVI E'I"I'EU I ~ ;il. ~5~[~:1, (]RFY.UA, C7.::1VI ar~~~~rs~~~r.t In follow- up to your telepl--one conversation with my paralegal Doreeaa Milward, o~> behalf of Andrew & Cynthia Smith, we are submitting an application for a plat amendlnent to a-nend the tiro conditions or "Notes" added by the City Council to the Palisades West final plat concernizlg the water booster pump station and tl~e sewer roll seal, for the purpose of excluding the Smiths' Lot 15 fi-onl these two conditions. "I~he proposed amended text is shown by underline as follows {for reference;, attached as Lz-hibit A is a copy of the face page of the recorded plat): No building permit shall be issued within this subdivision, except for Lot 15, until a booster pump is installed by the developer and approved by the City of Yelm which provides adequate fire flow per tl~e Internal Fire Cade and City of Yeln3 standards, provided that a building permit nay be issued for a model llotne if a fire protection plan is approved by the City of Yclzxt Fire Marshall and SI: Thuz•ston lire/TMS. 2- No certilzcate of occupancy for any habitable structure shall be issued, except for Lot 15. until a sewer roll seal is installed by the developer and approved by the City of Yelzn. flccording to RCW 58.I7.ZI5 (copy attached as Exhibit I3), plat amendments n7ay be initiated by any interested person, but the applicatio-> needs to be signed by a majority of those persons having an ownership interest i1~ the lots. ~ho prevent confusion or error later in t11e p~-occss, the application form contains the signature of Steve Chamberlain, I~~III. LLC, indicating he agrees with the proposed plat azrzendment. I3ecausc this plat amendment application is probably I_u~usual, I want to identify the reasons why it is needed and the support for why approval should be granted, as well as to clarify the procedure which is to be used. Grant Beck August 21, 2009 Page 2 I'i-occdural Clarifications Although you had discussed a $750 application fee, we see that Yelm's Developn~zent I~'ee Schedule identifies that a minor amendment to a plat has a $350.00 application fee. Enclosed with this application is a check for $350, for what we presume is a minor plat amendment. • In a prior letter to the Smiths' builder, you had identified a Hearing Examiner process that would be needed to initiate a plat amendment, but it is not clear to zrze why this application for a minor plat an~endzncnt needs to first come before the Hearing Examiner in order to provide a recommendation to the City Council. Because it was the City Council who added the tw-o conditions as Notes to the final plat {attached as Exhibit C is an excerpt froze the Council's 12/11/07 minutes), the assumption is that the Council would not need az~ Examiner's z-ecomn~endation to amend their own conditions. We reference the City's Code regarding Decision-Makers at YMC 16.12.1 i 0 which states: "The final decision with regard to each preliminary full subdivision shall be made by the hearing ex.aininer. The final decision with regard to each final full subdivision shall be made by the city council..." l3ased on that reading, once the matter is past the preliminary plat stage, the decisions are made by the City Council. So while a Hearing Examiner would indeed hear requested amendments to preliminary plats, once the: plat is final, it is under the purview- of the City Council. Also refer to YMC 16.36.010: "No subdivision shall be altered except in accordance with RCW 58.17.215. Na subdivision or plat thereof shall be modified or amended except with the approval of the decision-maker vested by this title with the authority to grant original approval of such subdivision..." We would interpret the City Council's added conditions on the f nal plat to be construed as the "original approval." • Further, a public hearing is neither required nor necessary. The requirement in RCW 58.17.215 states: "iJpon receipt of an application for alteration, the, legislative body shall provide notice of the application to all owners of property within the subdivision ... 'I~he notice shall either establish a date for a public hearing or ~~rvvide that a hearing tnay he requested by a person receiving notice ...." (emphasis added). Chapter 16.36 YMC also identifies no requirement for a public hearing to process or enact a plat amendnrzent, and instead cites to the procedures provided in RCW 58.17215. The proposed amendments do not involve boundary changes or any modification to public rights-of--way, sa there should be minimal public interest. Because time is of the essence; the natter could be reviewed and considered by the City Council using a public hearing process during one of its regularly- scheduled meetings. Reasons and Support far the Requested Plat Amendments • On 9117108, the City of Yc1in issued building permit No. BLD-08-0326-YL for the Sn-iith residence. 'T'his permit was based on the application submitted 915108 by the Smiths' contractor, Dan Lee, of Triance Homes. lylze application identifies the building owner as Andrew & Cynthia Smith, and Dan Lee signed the form as "Contractor°'s Agent." On the same date as $14,419.39 in permit fees were received and this Building Permit was Grant Beck August 21, 2009 Page 3 concurrently issued, the City additionally received $2,G75.00 as Lot 1 ~'s school mitigation fund contribution. {Copies of application, building permit, and receipt are attached as Exhibit D.) This building pern-zit issued 9117/08 clearly was not for a model home, which was the only exception allowed undez° plat condition Note #1 {quoted above), a condition that had already been established on or before 2112108 when the Palisades West final plat was recorded. Although we now know that Chore had been some tu~derstandings exchanged between the City and the developer, our clients were not involved in those conversations. They had no idea that the City wasn't supposed to have issued their building permit until after the water booster pump and sewer seal were installed. Ottr clients' construction financing was premised upon the standard procedure that if construction was properly completed, then an occupancy permit would be issued. By the time the Smith house was finished being bulb in April 2009, the economy had completely changed. 'I'lie owner of the remaining lots in Palisades West was not able to obtain the financing he had anticipated, and therefore has been unable to install the water booster pump and sewer roll seal (which we understand will cost about $400,000). Tl-zere are now multiple liens against all of the lots in Palisades West, except for Lot 15 owned by the Snriths, who have continued making their loan payments, even though they are prevented from moving into their completely_finished home. The likelihood of these water and sewer improvements being made in the near future grows zxzore remote with each passing month. In Apri12009, the Smiths and their builder worked to understand and resolve any potential issue regarding fire flow, since water volume for fire protection is the purpose of the booster pump. On 416109, the SE Thurston Fire & CMS wxote a letter {copy attached as Exhibit E) outlining a very plausible plan for fire protection of the Smith residence, complete with two diffez•ent workable options. Fire Chief Rita I Itztchesozz and Deputy Chief Mark King explain that the close proximity of the fire station equates to a quick 3-minute response time, and that there is currently a hydrant on site which provides 500 gallons per minute, and a secondary hydrant at the main road. If the first responder laid a supply line using the secondary hydrant, that would double up the gallons-per-zxzinute volume. Alternatively, a tender response could provide the full fire flow gpm during which tune a second tender would refill and return, repeating this process as necessary. + As for the sewer roll seal, it has been explained that its purpose is to prevent aback-up of effluent during tunes of high-volume use. While an entire new subdivision of homes added to the system might trigger the need for this upgrade, the contribution of one home's sewage usage does not. There would be no adverse effect on the City's sewer utility due to tl~e addition of the Smith home in advance of the sewer roll seal installation. • While it is most unfortunate that Mr. Chamberlain has so far not received the funding to make these improven~tents, the fact is d-zat the Smith residence can be granted occupancy without any adverse impacts to "public use and interest" as that term is used in RCW 58.17.2I5. Grant. Beck August 21, 2009 Page 4 In weighing the factors to decide this matter, we ask the City to give due consideration to the consequences: If the proposed amendments are approved,. the Smiths will be able to move into their home; no fiit•ther houses in Palisades West will be able to be constructed until the water booster pump and sewer seal are installed. As e~cplained above, there will be no adverse impacts to the City due to the addition of this. residence. if denied, the Smiths face a financial catastrophe, and the City still does not get the booster pump and sewer seal installed. Moreover, without the Smith Family residency, there would be no presence at all to sustain the Palisades West neighborhood through this economic slump, thus lessening any chances the area may have for inclusion in the first wave of recovery. Attached as Exhibit F is a 4119109 letter from the Smiths explaining Their predicament. Simply put, there is no benefit to the City to deny the proposed plat amendment. In summary, the Smiths have a beautiful, well constructed llousc that meets all building code requirements, yet they are not allowed to move into it. Not only are they financially obligated to continue making monthly payanents on a house they can't Iive ~in, they also must continue to rent temporary accommodations for their family until this matter is resolved. While it is hoped that tl~e water az~.d sewer upgrades for the Palisades West plat can be built soon, there is no indication that they can. If this standstill is allowed to continue much longer, the Smiths will suffer disastrous consequences, and City still gains nothing. We respectfully ask that Yehn act quickly to approve the requested plat amendments. Thank you. Very truly yours,.. _. ~' . n .Cushman ~-~ BDC/dm Enclosures cc w/ encl: Andrew & Cynthia Smith Brent Dille, Yelm City Attorney Steve Chamberlain, 1~ H l , LLC Dan Lee, Triance Homes ~~ - - f~ 1~ ~ ~ ~ _ ~~ v Cr C.. ~ry ~ (~¢g~~~11 3' tea' w ~ ~ q ~ V z ~~~ h r T o ~ ~n °z a4~ ~^~ O C hU ~ ~z ~ 0 O N .~-- z ti U ~ U y 0 z v: ` ~v~ _ ` ~' V ~ ~ ~~° ~~~ < ~ -~~ 3 _~ oz~ :z x ~~N ---~ } ~ o ° ~ ~ ~S?.E ' w t. S3N X- • ~ 11 E . ~ ~! ~~~`c z ..!! ~ ~ ~ ''-~S ',. rr ' - , ~ ~ ~ f S a ~ -J ~ ff Fr ~y° ~-s ~ ° Y ~ r ~« r ~ ? !o~ ` ~~ U a ~ '3~ ~~ =~ ' ~ ~ 8~~ ~ ~ C!~ :-.. O G-' . ~~ x z ~-.: i ~•~, .v ~; 1 1 r~r-,,~ ~i ~ti ~7 ~ y}t ~ ~ ~ O W 2° ~ ~. x _ ~ 3 ¢ U. ~~ °3H W z ~y~~oY~ ~-°r ~5 ~~'~abe°g ~$^ x~~~ a ~Na,~`~vg a=C ,o~~=~ `` a~r~ ~.^~ ~ ~W Way. 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I~ ~ J ~-- K~.41 ~~. l l.~ 1 ~: ~--11tcr~ttiota ui st~bc.i~~ ist~u _ k't~occdt~t~~_ RCW 58.17.215 AEteratian of subdivision -Procedure. 1'ti~c l v t~ 1 When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in F2CW 58.17.040(6), that person shall submit an application to request the alteration to the legislative authority of the city, town, or county where the subdivision is located. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant. the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivssion or portion thereof. Upon receipt of an application for alteration, the legislative body shall provide notice of the application to ail oavners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt o€ the notice. The legislative body shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. After approval of the alteration, the legislative body shall order the applicant to produce a revised drawing of the approved alteration of the fine! plat or short plat, which after signature of the legislative authority, shelf be filed with the county auditor to become the lawful plat of the property. This section shall not be construed as applying to the alteration or replotting of any plat of state-granted tide or shore lands. [1987 C 354 § 4.j ~~;,; `~' ; `L http:Uapps_1cg.wa.go~°IRC~Uldefatilt.asp~:'citc=~S.l'7.21~ S~ 19;'2OUt) ~.j; CCU'' ,~ fit" YELM G[TY COUNCIL REGULAR MEETING TUESDAY, DECEMBER ~~, 2007 MINUTES Call to Order - {Mayor Harding called the Prleeting to Order at 7:3G pm. 2, Roll Gall -Present: Jae Baker, Bob lsorn, Mike McGowan and John Thompson. Excused: Oon ~'vtiller, Pat Fetterly. and Russ Hendrickson. 3. Agenda Appra~ai 7-105 MOTION BY BOB fSOM APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentation -Thurston County Waste Management Recycling Program Update. Terri Thomas provided handouts for the Council on the various programs that are new and improved including; food waste recycling into compost for schools and businesses, choosing waste free holidays by gifting experiences rather than things, adopting sustainable recycling in the workplace and other educational opportunities that will be available to reduce waste in the landfill and improve participation in recycling. Waste Management is working with LeMay Garbage and Recycling as well as learning from the customer service sur~seys. Public Comment- l•~layor Harding called for public comment. Paula Minkler from Roy has formed a Substance Abuse Coalition with the cooperation with County Law Enforcement, the Yelm Police Department, Schools, Discovery Counseling and others in the community far prevention of abuse of alcohol, tobacco and illegal drugs through a supportive outreach program. 6. Consent Agenda a. Minutes: November 27, 2007 Regular Meeting b. Payables -Totaling 5346,085.41 c. Payroll -Check ~i2774-12899, totaling 5348,320.98 d. Financial Report -November Month End Report e. Park Use Requests: Yelrri City Park, YHS 1978 Reunion, WulfekuhlelPorter. July 13, 2008, 100 7-106 MOTION BY JOHN THOMPSON APPROVING CONSENT AGENDA ITEMS AS PRESENTED. CARRIED. 7. a. Public Hearings 2008 Budget Hearing was continued from the 11-27-07 Council meeting at 8:52 pm. There =vas no comment to the budget presentation provided and the Public Hearing was closed at 7:53 pm. 7-107 MOT[ON BY BO[3 ISOM ADOPT[NG ORDINANCE NO. 88fi, CfTY OF YELM 2008 MUNIC[PAL BUDGET FOR THE CALENDAR YEAR 2008. CARRIED. 7. b. Public Hearing for Fire Impact Fee Establishing New Rate, [mpact Fee Funding Use and Emergency Medical Protection Agreement. fl-tayor Harding opened the [public Hearing at 7:55 pm to hear comments on the proposed Fire Impact Fee Increase and Funding Use for ,hose fees along with an update to contract with the Yelm Fire District for Emergency Medical jsfcity councilf2o07 Page 1 of ~IJy. l~l~];~r L Protection. Grant Beck opened with an explanation that the hearing for the new rate is continued and would cover each of three subjects under one related topic. He provided a power point presentation on the background of the prccess to adopt and expend those fees collected under the Gro~~vth Management Act and Capital Facilities Plan far both the City and the Fire District. The proposed fee was designed fo rneet the increased demands for equipment identified in the 6 year plan for a growing city and would impact the builders at the time of permitting from x.21 to x.32 per sq ft of a building project. The current protection agreement expires at the end of the year. This proposed agreement would be extended for a three year term. fviayor Harding closed the Public Hearing. 7-108 MOTION BY BOB 1SOM TO CONTINUE THE PUBLIC HEARING TO JANUARY 8, 2008 70 HEAR COMMENTS ON ESTABLISHING A FIRE IMPACT FEE OF 32 CENTS PER SQ FT OF NEW CONSTRUCTION. CARRIED. 7-11)3 MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO SIGN INTERLOCAL AGREEMENT WITH THE YELM FERE DISTRICT {SE THURSTON FIRI=IEMS} FOR APPROVED FIRE PROTECTION FACIL]TIES. CARRIED. 7-110 MOTION BY JOHN 7HOMPSON AUTHORIZING MAYOR HARDING TO SIGN INTERLOCAL AGREEMENT WITH THE YELM FIRE DISTRICT {SE THURSTON FIRE EMS) FOR EMERGENCY MEDICAL PROTECTION FOR THE PERlO^ OF JANUARY 1, 2008 TO DECEMBER 31, 2010. CARRIED 8. New Business a. Ordinance No. 887, 2007 Year End Budget Amendment. Tanya Robacker reviewed the staff report to amend the 2007 Budget to appropriate variations in both revenue and expenditure to balance the budget including; transfers, donations, and expenditures. 7-111 MOTION BY BOB iSOM ADOPTING ORDINANCE NO. 887 AMENbfNG THE 2007 BUDGET AT YEAR END FOR REVENUE AND EXPENDETURES. _._...CARRIE.D......._ _ ... _... __ b. Palisades West Final Plat. Nisha Box stated from the staff report that conditions of the preliminary approval have been met including; hillside preservation landscaping, useable open space between Phase I and li and a street connection to connect the two. A booster station for water and sewer service is to be completed prior to final occupancy permitting. 7-112 MOTION BY ,10E BAKER AUTHORIZING MAYOR HARDING TO SIGN THE FINAL SUBDIVISION APPROVAL FOR PALISADES WEST SUB-05-048-YL. CARRIED. Yefm Atln ~/~facY LIf`1 ~h~co I! ~`nn¢,4r:.'rt~^,:: f`~nFru~f 1]~~~arM_1111~nY anu vr. Earthwork and Utility Contractors, LLC, inc. Jim Gibson reviewed the staff report on the history of the LID formation and Financing. Earlier in the day, twelve bids were received and reviewed by Engineering. VVeod and Son Earthwork and Utility Contractors LLC is the low bidder and within the Engineers estimate far construction of Phase il. jslcEty cc~nci1i2007 Page 2 of C 12. Correspondence provided for rEview included; Agenda for Thurston Council on Culture! Diversity and Numan Rights, AVVC Small City Advisory Committee Vacancies and Let.er from unknown citizen regarding Circulator's Rights to Petition. Attest: ~,~ 1 nine A. Schnepf, City C[ k s,city counciii2QQ7 Agerld~l Item ~)1. Page 4 of G 3. Adjourned: 8:35 pt~ CITY DF YELM RE5[DE~fTIAL f3fJILDiiVG PERMIT APPLfCATfON FORM PfCJ2C;Addrepss: 7 ~1G~5r? ~ SG Parcel #. ~ ~//O UO /5C?O Subdivisicn: f',~c,,5>~p~ S GL~~S j' Lot #: /~, Zoning; ~Sr ; is?L ;~ New Construction ~.- Re-~'Vlodel ! Re-Roof i Additicn ~ Home Occucation Sign ~° Plumbing 'J Mechanical -~: Mcbife 1 141ancfacured Hor;',e Placement ~ Qther Project Descri}pyficnlScope of tiNcrk: 1ti1c+-~' Z-S~cE~ 1( Project 'dalue: `#~ ADO, D0~ B~.=ilding Area (sq. ft) 151 f=loon /;~ 2od Ficcr `T01 Garage 7. /,~ peck Basement Carport Patio # Bedrooms ~ # Bathroorrs?r/~ ~iea;ing:~OTi-~E.R or ELECTRIC (Csrcfe One) Are there any environmentally sensitive areas located on the parcel? ~.~ If As, a completed environmental checklist r;iust acccm am y~ p y permit applicaticri, BU-(i~DING`.OW(~ER NA~14~E: /~ ~ ~ ~ t / ADDRESS ~,.J E~bfAIL CITY ~Xv STATk_~~ -ZIP1zS~TELEPHONE - ~.. ARCH€.TcC~I.Ef!1GlNEER ~Lry [-;~tf~inJSC?LICENSE # ADDRF~SSID~a~ S~ Lv~-~yvil~r~r.>tJ v EMAIL l rr ~t 2~ CfTY ~"~ ~ i L ~ D STATE ~R Z1P l X72/S"..TELEPHONE Z - ~ Z ~r Z. ~~r~~~a~co~v T;~ac~:.OR r~e~~~vc ~ ~r M~-s TELEPHONE~_~ .~ ~ -- p Z . :. ADfaRESS dZ~ b~~^ , ~ f S ~,~ . t~ r Eiv1AIL G1TY L~-C~-j STATE GJ ZIP `~~'S a 3 FAX b - - Z 9 y~ CDNTRACTOR'S LICENSE # -~~ I¢froC~EXP DATE~CITY LICENSE # OO2 ~' I~LUMf31IVG;:.COt~TRAC`~:OFZ TELEPHONE ADDRESS EMAIL C I~ STATE ZIP FAx CONTRACTOR'S LICENSE # EXP DATE CITY LICENSE # MECH;4~VICAL-CO~VTRACTO€~ TELEPHONE ADDRESS... EMAIL CITY STATE ZIP FAX CONTRACTOR'S LICENSE # EXP DATE CITY L ICENSE # Copy of mitigation, agreement with Yelm Community Schoeis, if applicable. I hereby cerfify that the above information is correct and that the construction on, and the occupancy and the use of the above described property will be in accordance with the laws, rules and regulations of the State of Washington and the City of Yetrrs. `~~ ~~ S ~~ AppEicant's Signature ~ ' Date Owner! Contractor I Owner's Agt?nt 1 C ` tractor's Agen {P[ease circte one.) Alf permits are non-transferable and wi[f expire if work authorized by such permit is not begun within 980 days of issuancE, or i€worf< is suspended or abandoned for a period e€ 18Q days !OS Ye1rn d~rerur. 6S'cst _ -. (360J 9a8-3E35 PO 73o r t 79 Ct -" r` ~-° i ~ ~ -- Ycirn, i~i'<1 38x37 (3G0) 4aa'-3P/~t F.~3.h~ ~. ~.. ~ f `- i ~~ ururrv. c i. rc Ir7e. a>rr. tas i5sc2 ~23 /~ ~ti 21 E, W~ ~w3 c~: ~ ,~ ac:;;;~ ~ raaaa i .` ~ ((f~~' ~4 1 \ ~ ~~~ ~} I j VICINITY ~1AP rr.t.s. ~: ~Ti ~.. ~ _, ."_. .. _. ._ ..__,.. ,.. _ ____. _. t 1 1 1 1 1 1 1 1 -d 1 'S 1 1 ;,> > ~ t s~ ~ 1 JIr ___ ~ ` .~____ ~ QOI CJ ~.- ~ ~' 4 I E I _ -----_~ I ~-------- ~ -- ~___ ~ ! I I I I li I I I I I ~ I r J I E ~ I ~ I _• I i L~ I~ I ~ ~r7 I 0 1 ~~ o ~~ ~I ~ ~ ; ~~ r ~ ~ ~ I f I I ~ I r ~ 1 ~} ' # ~ ~ I~ I 1 ~3UILDf_ NC ~tJV--LDP~~ I i ~ ~ _O' I ~ ~ ` F -_------__J f o I ~1.~ ~ l CV I r ~QI - _~ - f ~ a# 5 ~ I C ~ ~; ~: o s K I~ ~ (EP I IIE Sr I Ic e O z ~/? ~ Vr-1 ,: ~ t!? Cj _; .~ `~ 1 oom t~ ~~~ o~ ili~~l~~ ~~~ ~~1~~~ Consul5ng Group 6:9Cx~8rtip avc • munpat>An~ PiA~iU7L • 5l1RVE?t77C 4Ptt1611 A~cr ~ S!. Yfl ~, Sta 9:413 11.7601} 443-1116 t« J08 HIJUB(R 05647 oaAK+x~ H+we PN2_~C.OgV.DNG sKr. tla- t S. E. THURSTQ~ ~#R~ & EIS Rainier Yelm Post Office Box 777 Ye(m, Washington 98597 {364) 458-27991 Fax X364} 458-2766 Agri! 6, 2x09 Mr. l9an Lee 42fl0 6~' Ave. Suite 301 Lacey, WA 98503 Dear iv#r. f.ee: Based an our conversation today, the following information is provided per<aining to your property located at 9 0756 Palisades Street, Yelm: 1. The nearest lire station is 0.5 miles from the address. This is approximately a fhree minute response. Given the close vicinity to the station and the recommendation for an early detec#ion system, the potential far fire growth beyond 25% is highly unlikely. A 50°!° involvement nr greater is incompatible with life. A fire with 50% ar greater involvement would be mitigated in the same fashion as it would be today given the Current fire f#ow ability on scene. 2. The ire flaw requirements for this particular structure are as follows: ' A 3,200 sc{uare foot home (na exposures) ! 3 = 1, 066 gallon per Minute required fire lbw far 100% involvement or, • 533 gallons per minute for 50% involvement or, • 266.5 gallons per minute for 25% involvement which can be met with the hydrant currently located on site. ^ The current hydrant an site provides 500 gallons per minute, leaving an addFtionai 566 gallons to be provided far by a secondary source if the structure is 100% involved. 3. The Fire Department can meet the required €ire flow requirements in one of taro v~rays or a combination of bath: The first arriving S.E. Thurston engine would lay 1400' of 4" supply line from the secondary hydrunt'ccated ~;wv 50i - "' 1${ 'illh~.. prav,d;n9 required .ire flaw ar, An engine !tender response (The same response ~rre currently use for non hydrant areas} S.E. Thurston Fire department can provide 4,797 gallons of water an the initial response, providing required fire flow for 8.4 minutes. (n this pa. ~icular situation, the tender refill and turn around ~jG l1.t ~~, ! ~ S. E. THURSTON FtR~ ~ CMS Rainier Yelm Post Office SOX 777 Yeim, Washington 98597 (360) 458-2799 !Fax (36C) 458-2766 time is approximately 6 minutes, allowing the tenders to deliver their water, refill, and return to the scene prior to the water supply being depleted. 4. This particular parcel contains r}a other exposures. S.E. Thurston Fire & EMS would expec# no additional cor<struction would take place until such time that the required fire flow is met. RECOMMENDATtpNS: 9. Installation of a monitored alarm system. 2. No additional construction on this site or adscining sites until such tune adequate fre flow cart be met, if the al~ave recommendations are met, S.E. Thurston Fire & EMS, supports the decision to issue an occupancy certificate prior to tl ~e operation of a purr~p station for this development. Please do net hesitate to contact us at the above iccation, if there are additional questions. Sincerely, t Mark King Deputy Chief --~..~i ~~~ ~~4.~ ._ Rita Hutcheson Fire Chief Andrew & Cynthia 5rrtith 15339 ~.t~5~n AveSE Yelm, WA 98597 April 19, 2005 Mr. Grant Beck Director Community Uevelaprrtent #~epartment 10~ Yelm Avenue West Yelm, WA 98597 IJear Mr. Beck: %~~ I am writing in response to your letterdated 14 April to Mr. Dan [.ee, Triance Group, ant. ~o which # was provided a courtesy copy. It is with extreme concern and utter dismay that E write to you today in response to your decision regarding the occupancy of our new home at 1©756 Pal€sades Street SE. The concern l have centers around your statement that this situation is ".._unfortunate that Lt_ ColoneE and luErs. SmEth are caught in a difficult position:' The decision to not issue a statement of accupanty does not just place my wife and 1 in a "`aif~cult position° it p#aces us in a catastrophic paslt€on. When makingthe decision of whether we could afford this beaut"sfuE, new, custom home,) did not factor in having to pay the mortgage payment an the new home as we€l as continuing to pay over $1,M~Q in rent because E couldn't live ire the new home. Put simply, my wife and 1 cannot financEaiiy support the situation your decision has put us in. To rne, this represents a catastrophic situation as my livelihood (being a Military Officer} depends an me maintaining an exemplary financial and comrnunit}r standing, both of wh€ch are now in jeopardy. Ever< if you feet no empathy far my financial situation, E woutci th€nk that the best interests of the City, which you should be concerned about, wouEd Cause you to rethink your dec~sion_ Edo not think that it i5 good forthe city to leave a beautiful home, in a wonderful part of town, unoccupied. There have already been instances a~F presumably young kids "tagging" the common areas of Palisades West with swastikas (an rocks, basketball backboard, Palisades West sign} which € expect to escalate the €onger there Is na perrr~anent residence in that location_ An unoccupied borne is an invitation to kids and irresponsib€e young adults to burglarize andJorvandaiize and represents not only a tx-emendous liability to me, but aEso to the city. By living in ant) maintaining a presersce in that Camrr~urrsty, my family and E vriE[ bring that area to fife and keep it from slipping into the category of an eyesore, or worse yet, a teenage "hangout" for the City. My utter dismay-with your decision revolves around the overriding opinion provided by the YeErn Fire Department, which eleariy allays the concerns and fears brought forth in your letter. WI-~il~? 1 wrn~iar<tanrE thn nPp~t fnr nrnr.~r ~Ifcr fan~i.+rr t~n t,.:n n~~±~a~, ,~~h `fho h;nra~4 ~t4~o ~~ this transaction is rnyselFanri my family, as well as the Yafm Fire Department. The Ye€m Fire Departrrient, in a letter not more than 2 weeks old, have confirmed that there are no issues with the water availability and pressure in support of the lone house in Palisades West. ]fully acknowledge that any subsequent homes built in that community would necessitate the requirement for a booster pump, but the fact is that the one house in Palisades 1Rlest, our ~~ 1~~~ ~ ~~ ~- - i ~J ? ~. ~ :~ :.~ ~ J ~ ~J' ,J T. ~~ _ti .. •l ~... '•~'v~.J 34['~ ~ : 'J ... ~ ~ ~ EJ'.i , w. jJ / :~ .1 i l Mr. Gran# k3eck Apri119, 2403 Page Z house, does not require it. Your decision, to me, seams based on making a point with the developer and/or the builder ancf does not take into consideration Current facts (as stated by the Ye(rn ClLy Fire Department) ar what is truly in the overall best interests of the city (quality frames/neighborhoods with quality families). A :e~.v comments about our builder. i have now known Mr. Dan Lee for over one year having met hint in April, 2008. At the time, my wife and I had been renting a home in Yelrn for almost one year and had been actively looking and discussing what kind of home we wanted and where we would like it to be located. Without question, the homes that Can builds are far superior in quality and beauty to anything else being cans#ructed in Ye(m and that is what first led us to him (seeing the quality of the han-~es in Vintage Greens). Since that time, Dan has Contributed hss ideas and in some cases, his own money, To bring unique detail and craftsrrtanship to our home. He has been extraordinari(ygrocious fn his dealings with us and consistently keeps us informed and involved with the building of our home. Ye[m should not only tons(der itself lucky, but should be extremely proud of their son, Dan Lee; he is one of the finest people 1 have rnet in my 41+ yea rs. A few comments about rrty fan•tily. In January of 200, my wife and i along with nur three kids, moved to Yelm and rented a house an Prairie Vista Loop far 2% years. At that time, with 1t7 years in the Arrrty, we knew that +1ve wanted to make Ft. Lewis and Yelm our haute after retiring from the military. In June of 2007, we were fortunate enough to return to Ft, Lewis and knew immediately that we would settle in Yelm; it'ss a town that Etas grown very special to us. We have three children that are ,#Ith, ~Qa' and ~cn graders in the Yelm School laistrict Both of my sons {J_1~' & ~0~ grade} are rnerrtlaers of the Yelm High School Band and they bath started an the Ye(m JV basketball tearrt this past season. They bath carry a 3.2+ GpA in school and my 11c~' grader is the leading triple jumper In Track ~.vftile my sophomore is the starting goalie far the Varsity Soccer Team. My wife and !are not only active members of the Ye(rn High School Band boasters but we attend every hon7e and away basketball, track and soccer game. My s(xth grader is a straight "A" student at iViill Pand elementary, plays drums and guitar and competes ,for the Prairie Soccer Club on the "prairie Storms" U-~.3 girls team of which I am the Head Coach. In short, we have completely thrown ourselves into this community and want nothing more than to move into our dream Name and continue 1(ving and contributing to the City of Yelrrt_ !f l could ask your support on anything it would be to reconsider your decision and weigh the need to stress your point with the (7evelflper against the needs o€ the City in attracting, supporting and promoting beautiful homES and supportive families of this community such as rrsine. Thank you for your time. Sincerely, ~ ~ ~ ~~ Andrei tic Cynt is Smith Yelm Residents ., r ~ ~ v 7 J .~ ~J i S r i ~ i '7._1w :f I_~, ~ . ~ ... f ~ i '~ i_ iJ ~ { ~~ iJ ~ ., ~ ~i