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2009 10 13 Staff report to Council with attachmentsCity of Yelm STAFF REPORT To: Mayor Ron Harding Yelm City Council From: Grant Beck, Community Development Director Tim Peterson, Public Works Director Date: October 1, 2009 (for October 12 City Council Meeting) Subj: Palisades West Subdivision Alteration Recommendation Deny the request to alter the Palisades West (formerly Forrester Heights) subdivision in order to remove two conditions noted on the face of the final subdivision relating to issuance of certificates of occupancy prior to the installation of a booster pump station and sewer roll seal. Background On August 24, 2009, Ben Cushman, on behalf of his clients Andrew and Cynthia Smith, applied for an alteration of the Palisades West subdivision. Specifically, the request is to amend two conditions noted on the final subdivision, as follows: 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 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. No certificate 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 Yelm. In May of 2005, the Community Development Department held apre-submission conference with Steve Chamberlain and Dan Lee to review the proposed October 6, 2009 Page 1 of 4 subdivision. The City's Development Review Engineer noted in the pre- submission report that: "This project location is on top of a hill. 1 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 in January, 2006, by FH1, LLC, with Dan Lee as the applicant's contact. The Environmental Checklist, prepared and signed by Dan Lee, indicated that "The project will require the installation of a booster pump station for the water system. Design of the booster pump will be accomplished during the final civil design for the project." 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 Development Review Engineer on March 20, 2007, but with the following caution: October 6, 2009 Page 2 of 4 "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. " Additionally, it was determined through the civil engineering review process that a pressure sustaining valve would be required to be installed in the sewer line in order to equalize pressures in the STEP sewer system. The Development Review Engineer noted in an October 2006 letter that: "Due to the elevation difference between the proposed project, existing City conveyance system and treatment plant, a roll seal pressure reducer will be required on the sewer main at the bottom of the hill. This shall be designed and provided by a City consulting engineer. They will be providing one plan sheet to be inserted into your construction set." At the request of Steve Chamberlain, who wanted to convert construction financing to long term financing, the City Council approved the final subdivision with the following conditions: "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. " "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." On June 2, 2008, Dan Lee, representing FH1, LLC, applied for a building permit for the booster pump station. On July 8, 2008, the civil plans for the pressure sustaining valve were approved. October 6, 2009 Page 3 of 4 On July 23, 2008, the civil plans for the booster pump skid were approved. On September 5, 2008, Dan Lee, at this point representing Triance Homes, applied for a building permit to construct a residence rather than a model home and submitted a building permit on behalf of Mr. and Mrs. Smith on lot 15 of the subdivision. Gary Carlson, Building Official for the City, confirmed with Mr. Lee during the building permit review process that a certificate of occupancy would not issue for the structure until both conditions noted on the recorded subdivision were satisfied. The permit was issued on September 17, 2008. As completion of the dwelling neared and it became clear that the developer was not proceeding diligently with the construction of the booster pump station or pressure sustaining valve, John Rowland, Building Inspector, repeatedly warned the contractor that a certificate of occupancy would not be issued for the building. As a result of these warnings, the City was approached by Steve Chamberlain to explore alternatives to the booster pump station. Staff from Community Development and Public Works spent considerable time and effort exploring ways that fire flow could be provided, including water storage tanks within the development, an upgraded fire sprinkler system within the home, and the installation of a smaller fire booster pump designed to serve only one home. In the end, no alternative was found that could replace the original requirement of a booster pump station. On December 23, 2008, the City sent a letter to Steve Chamberlain memorializing the need for the installation of the water booster pump station before issuance of a certificate of occupancy. Current Situation The policy issue before the City Council is whether to waive a clear requirement of the International Fire Code and Health Regulations and knowingly allow occupancy of a dwelling unit in which these requirement for fire flow and residential pressures cannot be met. October 6, 2009 Page 4 of 4 ~~ THE A~~ 14~' '~i YELM WASHINGTON December 23, 2008 City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 Steve Chamberlain FH1, LLC 4200 6t" Avenue SE, Suite 301 Lacey, WA 98503 Dear Steve: The purpose of this letter is to memorialize our recent discussions regarding the water booster pump station to serve the subdivision of Forrester Heights (Palisades West). As you know, the need for a water booster pump station to serve the lots within the subdivision was established prior to preliminary subdivision approval, but was deferred at final subdivision approval to issuance of any residential building permit or certificate of occupancy for the model home. The booster pump station is required to provide both adequate water pressure for residential uses and minimum fire flows. The Community Development Department can not issue a certificate of occupancy for the home currently nearing completion within the subdivision without the approved booster pump station being installed, inspected, and approved for connection to the City water system. If you have any questions regarding this determination, please don't hesitate to contact meat City Hybl--, rein, Grant B k, ~recto~"" t Com nity Development Department c. Gary Carlson, Building Official (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us www.tri a n ce h omen. co m Apri17 2009 Grant Beck Director of Development Services City of Yelm 105 W Yelm Ave. Yelm, WA 98597 RE: palisades West Dear Grant: I am writing you this letter in attempt to find some resolve to the dilemma I face with the new home nearing completion an the hill at palisades West. As background in April 2008 Triance entered into a contractual agreement with Lieutenant Colonel Andy Smith and his wife Cindy to build their dream home on lot 15 to retire here. We were delayed in starting construction until the details an the water booster station were finalized. In the mean time, the Smith had secured theix financing. In September, all permits and appraisals were completed. When we informed that the city had approved the design, the developer was still working with his lender on the financing of these additional improvements but was conf dent that it would be forth coming. We proceeded accordingly due to the time that had already elapsed and the deteriorating banking environment before the Smith's last their financing. Within about 6 weeks of the starting construction, we were informed that the developer was still having difficulties in getting the additional financing to complete the booster station. The overall economy and housing marlcets were now at a critical point and no bank was interested in loaning ~naney an a prefect like this. Simply put he had run out of funding options. Triancc will complete this home in the next couple of weeks and the Smiths will need to move in. I had discussed the natter with the Building Official, Gary Carlson who directed me to talk with you and the Fire Dept. I know the developer has had several conversations with you and has kept zx~e apprised of the city's positions to date. He had not discussed this matter with the p'ire Dept. I meet. with both Chief Rita Hutcheson and Deputy Chief Maxk Kiaig to discuss any interim options we might pursue until financing becomes available. They informed zne that they could presently and would provide 91.38 Burnett Road ~ Yeirn, WA 38597 `'~~1 360.400.1888 ~ 3E0.400.2808 w~vw.trianceY~ornes.com adequate fire service to this house and suggested that I only install a fire alarm monitor m addition to the standard smoke detectors. They acknowledged that there had been two permanent residences on the property in the recent past that had na fire protection. The location of the home to the fire station and its proximity to the fire hydrant at the base of the hill would allow them adequate fire fighting capabilities. I have enclosed a copy of their letter to me for your reference. It is my sincere hope that with this new information and given the economic circumstances that we all are now faced with,. that the city will see fit to grant us a final on the lot 15 home and allow the ~znith to move in to their dream home.. This will be the only home build on the hill until the booster station or other improvements are installed that enhance the fire flow. Lastly, I have spent my most of my life in Yelm and my family roots here go back nearly 100 years. I am very proud to say that I have invested my fortunes and my livelihood in to the home building business. I am extremely proud of the homes I have built the past couple ofyears particularly this one. The Smith family has been very active in the community and the Yelm school district. This is where they want to spent the rest of their lives. It would be a shame if we were unable to find a workable solution in the interim. `dour understanding and cooperation in this matter are greatly appreciated. Once you have had a chance to review this letter I would like to meet with you as soon as possible. Res ectfully, i ~'~ C ~. /j1 Dan Lee Triance Group Inc. Ce: Andy and Cynthia Smith 9138 Burnett Road ~ Yelm, WA 98597 r?°S 360.400.1888 ~~~ 360.400.808 FH1, LLC April 07, 2009 Triance Homes 16948 Kaylan Lane Rochester, WA 98579 RE: Palisade West Dear Dan, As you [snow I have been working for over' a year on raow getting resolution to the city's requirement for the installation of a water booster station at the entrance to the plat. Originally, we were optimistic that one would not be required grad pxeceded on that basis. It was not until the Erna] plat was ready to record that it was confirmed we would need to do something to improve the fire flow at the tap of the hill. The plat was recorded with that as a condition azad we were given the ok to build the frrst home. However the final occupancy permit was conditioned on resolving the matter to the city's satisfaction. We then began the design of a booster station. Unfortunately it took a lot longer to get city approval than we had hoped. As such the real estate market and banking environment continued to deteriorate. I have kept the bank in the loop and they agreed to sell lot frfteen in the interim until the appropriate city approvals were obtained and we knew what these additional improvements were going to cost. I was confident at the time that the bank was going to finance these latest inraprovenrrents based on my coznrrrunicationwitb there. I have been persistent with trying to get that accomplished for the past six month, however the banking industry continues to worsen and now appears the bank I have been working with is not able to process any additional funds for- this project at this tune for reason beyond my control. I have asked the city on several occasions for a variance on the Ere flow for all the reason we have previously discussed but to date have been unsuccessful. You will recall that there were two existing houses on the hill that had no fire flow nor city water for years. I installed a new 8" water main and fire hydrants up the hill with the intent to loop it back out Hwy 507 as phase 2 is completed. There is adequate fire flow at the base of the hill but clue to the height of the rise where the new house sits, about 500 feet away. the residue pressure drops from about 53 psi to ] $ psi. The city's minimum is 20 psi. That said, I would suggest you contact the fzre department and see if there were any way they would consider the fact that there is only one house on the hill. It was built to current building codes, it replaces the two older homes that existed there for years, there is fire flow available now where there wasn't before. The next available fire hydrant that meets the minimum flow and pressure requirements' is only a few hundred feet way near the bottorn of tlae hill. You rnight also offer up to install an ez~ianced smoke and fire detention system above the normal detectors. This is only an interim situation. When I am able to get financing, the booster station will be installed and the pressure at the top of the hill will be erzlaanced. I will continue to seek alterxaatc financing options to get this issue resolved to the best of my ability. Hopefully your requests' to the city will have~tter results. FH1 LLC.... - ~~,'~;' /~~ f Steven :~ r` . fr , ~i '~~~ '"~~.. tinj ~'' ~ r f~; 4200 6th Avenue S~, Suite 301, Lacey, WA 98503 360.493.6002 ~ 360.493.2476 -,my S. E. THURSTON EIRE & EMS Rainier Yelm Post Office Box 7'77 Yelm, Washington 98597 {369) 458-27991 Fax (360} 458-2766 Apra ~, zUO9 Mr. Dan Lee 4204 8"' Ave. Suite 301 Lacey, WA 98543 Dear Mr. Lee: Based on our conversatian today, the following information is provided pertaining to your property located at 10756 Palisades Street, Yelm: The nearest fire station is 0.5 miles from the address. This is approximately a three minute response. Given the close vicinity to the station and the recommendation for an early detection system, the potential for fire growth beyond 25% is highly unlikely. A 50% involvement or greater is incompatible with life. A fire with 50% or greater involvement would be mitigated in the same fashion as it would be today given the current fire flow ability on scene. 2. The fire flaw requirements for this particular structure are as follows: ^ A 3,200 square foot home (no exposures) 13 = 1, 066 gallon per minute required fire flow for 100% involvement ar, ^ 533 gallons per minute for 50% involvement or, ^ 266.5 gallons per minute far 25% involvement which can be met with the hydrant currently focated on site. ^ The current hydrant on site provides 500 gallons per minute, leaving an additional 566 gallons to be pravided for by a secondary source if the structure is 100% involved. 3. The Fire Department can meet the required fire flaw requirements in one of two ways ar a combination of both: The #irst arriving S.E. Thurston engine would lay 1400' of 4" supply line from the secondary hydrant located Hwy 507 & 105t~' providing required ire flow or, ^ An engine 1 tender response (The same response we currently use for non hydrant areas) S.E. Thurston Fire Department can provide 4,797 gallons of water on the initial response, providing required fire flaw for 8.4 minutes. In this particular situation, the tender refill and turn around S. E. TH U RSTQN FIRE & EMS Rainier Ye1m Post Office Box 777 Yelm, Washington 98597 (360) 4882799/ Fax (360) 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 captains no other exposures. S.E. Thurston Fire & EMS would expect no additional construction would take place until such time that the required fire flow is met. RECOMMENDATIONS: 1. installation of a monitored alarm system. 2. No additional construction on this site or adjoining sites until such time adequate fire flow can be met. If the above recommendations are met, S.E. Thurston Fire & EMS, supports the decision to issue an occupancy certificate prior to the operation of a pump station for this development. Please do not hesitate to contact us at the above location, if there are additional questions. Sincerely, ~~ ` Mark King Deputy Chief ~~~ ~~-~~ Rita Hutcheson Fire Chief / Of THE A~~ 4~ 'yi YELM WASHINGTON April 14, 2009 Dan Lee Triance Group, Inc. 9138 Burnett Road Yelm, WA 98597 Dan: City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 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. 1 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. " (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us 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 ire 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. " April 14, 2009 Page 2 of 3 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 ire 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 $25,015.43 for plan review fee's which will be required to be paid before the pre- construction meeting for either the booster pump station or the pressure sustaining valve (roll seal). S ity Development Department c. Lt. Col. 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M .oo,lta s eL 6& W ^~ W I-- o b Z W- 3~ h VI gh~~V!ON FOY0tnV0mo.~~^mnmS~S{:~:~nwr( b m N W N ym^S i?~udbN ~I N0.1 nI nom Nry NY a^;nhM a~~i~~M1 hOCS O b C) ~ NI J = V ~ 3 n03wwW;3 Wa o8~88^_~_~g~~~8X3YS3ggm8$~800 ~ < S h~°n"b~' Wo h8S{YNbp J~ ^ Z ~h Jz ~..A n' m<i n~'`~`vmmni. ~~nn i~ N 1. n' ~ h ~ y2~ I- W my~ ~N era ~Nb gNNhY~-,e1~"a,N'.^-' ~t ti0 ugh Ory N~'fOVI ~~I ~oYwmn~Y~C+I~iP~N~."~.'~Nt^h Yt'FlN II ~ W jO 5 ``/^~ W 2zN(nN2N2 ~ I h^m~nnmoo~ry~°a~°vl$~°i°u~hnotvm K' 8 8 =c'+^°~ L v, ?2~~~~~~~~~ COI ~ ^^ NN J ~ Q~n ~ J Uzl vvi>Fi'3uuc~Yi il~~~ooctl'~~c'~ivvcNi~uc`~u ~ w ~ h ~ ~ ~30~, i i b~N o O W p~ _ _ _ -- ``Y ~ hQb -_----- _ _ _ _ L9'aBB _ . _ . - - . --- _-_ __ _ _- L1 b !a b abed 1b~" wy eo eon L09Be6f ~j v 0 v w ',.~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. 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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 _ -. 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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 McClure, PLLC October l2, 2009 To: Mr. Ben Cushman& Ms. Doreen Milward Cushman Law Offices, PS 924 Capitol Way South Olympia, Washington 9801 RE: Smith Residence City of Yelm Requirements for Certificate of Occupancy Dear Ms. Nlilward and Mr. Cushman: ao sox a~ I a Lacey, W.4 99509-8718 Phone~360-791-447a Email' mtdurepllc@comcast.net This letter is in response to your request for comments on the City of Yelm's requirements for a certificate of occupancy for the Smith residence located on Lot 15, Palisades West Avenue, Yelm, Washington. You have asked me to address twa issues. First, the .fire flow requirement for the site. Second, the plat requirement fora `sewer roll seal'. The following are my comments. fire flow• 1t is my understanding the Yelm fire department in the persons of the Fire Marshall and the Fire Chief have worked out a plan that they feel will allow any fire at the house to be successfully fought. This plan includes using a two hydrants that are near the house. The combined fire flow from these hydrants, using a second line and a booster pump is 1,065 gallons per minute. The nearest hydrant would deliver 500 g.p.m. The second hydrant, located at the main road would deliver 565 g.p.m. using a booster pump and an extension line. In addition, the fire department is confident that they could run tanker trucks back and forth from the fire station which is located roughly 3 minutes away from the house. The following is from the current edition of the International Fire Code: C:llisers\VincetDocuments\a -- Consulting\a -- projeetsla -Legal Projects\Cushman -- Smith House in Yelm\Cushman -- Smith Residence, City of Yelm CO Issues, 2009-10-12.wpd Smith douse City of Yclm Certificate of Occupancy Issues October 12, 2009 102.8 Subjects not regulated by this code. Where no applicable standards or requirements are set forth in this code, or are contained within other laws, codes, regulations; ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards, as approved, shall be deemed as p~rtma tacte evtdence of compliance wtth the intent of this code ~~~~~~~~1~~~ ~~~~~a~o~itl~'tl~~~'il`~~'~~e trf~tet~~fo~i'~t2r~.~~p"ha~~~~ es~~~st~tc~„s~zit},~~i~ nr ~nsta~tat~gtts: t~t~~it,,, ~~~~ee a„"~i~~s~ti~d~~~~r;~ar'es~~an~~i~ See the highlighted part of the paragraph. It is my experience that the fire code official's (usually the fire marshal or the tiro chief) decision on topics regarding fire safety and code interpretation are controlling. In my experience, if the fire code official says that the house may be occupied and that a fire at the house could be successfully fought using existing fire mains and hydrants, that would be accepted. Sewer seal: It is my understanding that the city is concerned about maximum sewer line flows from this plat. I understand that there are-a total of 24 house sites platted. However, only the Smith residence has been developed. The purpose of the sewer sea] is to keep peak sewer flows from backing up in the manhole below the plat and flowing out the top of the manhole onto the street or out of the manhole into the soil. While I absolutely agree that one does not want the sewage contaminating the soil nor flowing out the top of the manhole, there is a significant difference between one house and 24 houses. One house will develop roughly 4.2% of the peak sewage flow as 24 houses combined. It is highly improbable that one house, could actually supply enough water to overwhelm the capacity of the first downstream manhole and sewer line system. If you have any questions or I may be of further help, please feel free to contact me by telephone at 360-791-4478 or a-mail at mcclureplte(a~comcast. Yours sincerely, ~~ r ~.~------ ~~ ~, Vince McClure, SE, PE, PhD McClure, PLLC -page 2 of 2 - C October L2, 2009 Andrew & Cynthia Smith Public Hearing before Yelm City Council, 10/13/09 7 pm Points to Make on Behalf of Applicant My clients, Andy & Cindy Smith, were issued a building permit by the City of Yelm on September 17, 2008 for the construction of their house on Lot 15 in the Plat of Palisades West. Their home was completed in April of 2009, but the Building Official has so far refused to issue an occupancy permit on the basis that it would not comply with the plat conditions added by the City Council to this final plat in December of 2007. Those two plat conditions required that a booster pump station be installed before any building permit could be issued (except for a model home), and also required the installation of a sewer roll seal before any occupancy could be granted. My clients' home was never portrayed as a model home, yet it was in fact granted a building permit The building permit application clearly identifies the Smiths as the owner and Triance Homes as the builder, and indeed all fees, including school mitigation fees were paid prior to the issuance of the building permit. Based on that fact alone, we believe the City has a responsibility to participate in the correction of this error. To put this situation right, we have proposed a minor plat amendment, wherein an exception to these two plat conditions be made for Lot 15 only. This would allow the Smiths to occupy the home they are financially committed to pay for, yet prevent any other houses in the plat. until the two upgrades are made by the developer of the plat or his successor. At this time, there is no indication when the developer might be able to obtain the necessary funding to make the improvements. However, the requested plat amendments can be made, now, without any compromise to the public health and safety, and without further liability to the City. The statutory requirement for plat amendments is set forth at RCW 58.17.215, which states: "The legislative body shall determine the public use and interest in the proposed alteration..." You as the City Council need to determine that the requested plat amendment serves the public interest. For the following reasons, we believe it does. Fire Flow Issues -The water booster pump is required for the plat so that full water pressure will be available up on the hill for all of the houses. While that is necessary at full build-out, it is not necessary for one house. Discussions. with the SE Thurston Fire & EMS -and the resulting Apri16, 20091etter from the Fire Chief and Deputy Fire Chief confirm a plan whereby even a 100% involved fire can be successfully fought by using the hydrant at the site with a supply line laid to the other hydrant located at the main road, or an alternate plan using a relay of tender trucks. Because of the quick 3-minute response time, there is adequate time for the trucks to refill and return. Also because of the close proximity of the fire station, as explained by the Fire Chief it would be unlikely that a fire at the Smith residence would ever get beyond 25% involved. However, such an assessment is premised upon the occupied home, in which the residents would be there to hear the alarm from the smoke detector. This means that until occupancy is granted, the City is at greater exposure for liability in case of a fire at this structure. Moreover, a vacant home is at even greater risk of damage due to vandalism than an occupied home. Vandalism takes many forms, and arson is one of the more common results. While it might be assumed that an occupied house has less risk of a death from fire, in this situation, that assumption is not necessary true. The same arsonists who would find an unoccupied resident an attraction, could most certainly cause not only the loss of their own lives, but others as well. The City only exposes itself to further risks of liability until the house is occupied. The Fire District currently successfully serves homes in the vicinity, located not only within the Yelm City limits and UGA, but also abutting County lands, including the two homes on County land adjacent to the Smith house. There used to be two houses located on the land that is now platted as Palisades West and were served for years without a water booster pump. There is simply no physical reason what the water booster pump would need to be installed prior to granting occupancy to the Smith house on I,ot 15. We notice the staff report recommends denial of the plat amendment on the basis the amendment would "waive a clear requirement of the International Fire Code and Health Regulations..." But that is not true. The International Fire Code, at Section 102.8 gives full authority to the fire code official to determine compliance. This means that the Fire Chiefs' April 6, 20091etter to approve the occupancy prior to operation of the pump station supersedes whatever conflicting regulations there may be. We are providing a letter from Professional Engineer Vince McClure, SE, PE, PhD which addresses this point (he would have been here tonight, but had a schedule conflict). To note for the record, however, we did not actually find any conflicting regulations, since Yelm's Comprehensive Water Plan requires single-family homes to have 750 gpm water pressure, and the fire fighting plan devised by the Fire Department identifies that at least 1065 gpm can be obtained through the use of two relayed fire hydrants or tender trucks. Sewer Issues. It is our understanding that the purpose of the sewer roll seal is to prevent effluent overflow during times of peak usages. While this upgrade is necessary for the plat at full build out, it is not necessary for the addition of one single-family home. One house simply will not create apeak-use situation which would cause such an overflow. Until other lots in Palisades Wcst are built, the Smith's single-family residence will be no different than any other single-family residence in the City, and there is no regulation that we could find requiring every single-family home in Yclm to install a sewer roll seal. Liabilit Issues. While it is unfortunate that the economic downturn has prevented the developer of Palisades West from completing the water and sewer upgrades, there is no actual public safety or health reason to continue to deny my clients occupancy of this one single-family home. We understand that the City has expressed concern that it would be liable in the event of a fre. IIowever in this current state of limbo, the City is in fact presently more liable. Further, the Smiths have agreed to provide the City with a Release and agree to waive any claims due to fire that they could make against the City, but will only do so if they are issued their occupancy permit. Based on the facts of this matter, the City Council can and should find that the requested plat amendments serve the public use and interest, and approve the Smiths' application for the requested amendments to the Final Plat of Palisades West. AGREEMENT AS TO WAIVER AND RELEASE IN EXCHANGE FOR OCCUPANCY Parties. This Agreement is entered into between Andrew and Cynthia Smith (the Smiths), the owners of Lot 15 of Palisades West, and the City of Yelm (City). 2. Purpose. The purpose of this Agreement is to release the City from liability as to any claim that could be made against the City by the Smiths arising from inadequate fire suppression water flow volumes at Lot 15 in the Plat of Palisades West. In exchange, the City shall amend the plat conditions as shown in Paragraph 5 below, in order to allow an occupancy permit to be issued for the Smiths' residence which has been constructed on Lot 15. 3. Duration. This Agreement shall expire at the time the water booster pump has been installed for the Plat of Palisades West and serves Lot 15 therein. 4. Recitals. a. On December 11, 2007, the Yelm City Council approved Palisades West Final Plat, with the addition of two conditions: 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 Internal 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. 2. 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. On February 12, 2008, the Final Plat for Palisades West was recorded with these two conditions added as "Notes" to the Final Plat. b. On September 17, 2008, the Smiths, through their contractor, paid all building application and school mitigation fees, and the City of Yelm issued Residential Building Permit No. BLD-08-0326-YL for the Smith residence on Lot 15 of the Plat of Palisades West, Tax Parcel No. 67110001500, located at 10756 Palisades St. SE, Yelm. The building permit application stated the building owner as Andrew & Cynthia Smith, the engineer as Rowell Engineering, and the General Contractor as Triance Homes. The Parties acknowledge and agree that at the time the Smiths' building permit was issued, neither of the upgrades identified as Plat Notes #1 and #2 in Paragraph 4.a above had been installed, yet the only potentially allowable exception to Plat Condition #1 was for a model home. The Parties further acknowledge and agree there was nothing on the Smiths' building permit application to suggest that the Smith residence was to be a model home. On or around March-April 2009 as the Smith residence was nearing completion, the developer of Palisades West, Steven Chamberlain, FH1, LLC relayed that he was (and as of this date continues to be) unable to obtain the anticipated funding for the water and sewer upgrades specified in Plat Notes #1 and #2. As an alternative, the Smiths' contractor met with the Fire Chief and Deputy Fire Chief of the S.E. Thurston Fire & EMS to discuss a fire protection plan for the Smith residence that would provide adequate fire protection and suppression without the water booster pump. d. By letter dated April 6, 2009, the S.E. Thurston Fire & EMS has developed a Fire Protection Plan for the Smith residence (copy attached at Exhibit A). This Plan has several options and two different methods for achieving the full fire flow of 1,066 gallons per minute, which the Fire Department has stated would be needed in a 2 worst case scenario if a fire were 100% involved. The letter also states that due to the close proximity of the fire station, combined with an early detection system, a fire with greater than 25% involvement would be unlikely. The Parties acknowledge and agree this April 6, 20091etter functions as the Fire Protection Plan for the Smith residence, and that the referenced "early detection system" which includes smoke detectors, would be most effective if the residence were occupied. The Parties further acknowledge and agree that a vacant house is at greater risk for fire vandalism than an occupied house, and that the potential for loss of life, while less of a risk in a vacant house, still has risk factors due to unauthorized occupancy by vandals and vagrants. The City of Yelm Comprehensive Water Plan identifies a minimum fire flow design standard of 750 gallons per minute for a single family residence, and 1,500 gpm for new "developments" or "system modifications". The Parties acknowledge and agree that based on the aforementioned Fire Protection Plan, Lot 15 can maintain and exceed the 750 gpm design standard for asingle-family residence. Only after the water booster pump is installed, may additional lots in Palisades West be occupied, at which time the system modification would be implemented and Palisades West could begin to fully function as a new development. As to Note #2 on the Final Plat of Palisades West requiring a sewer roll seal, the Parties acknowledge and agree that the increase of one single-family residence's sewage usage does not trigger the need for this upgrade. Only after the sewer roll seal is installed, may additional lots in Palisades West be occupied. g. Relying on the Smiths' Fire Protection Plan for an occupied residence at 10756 Palisades St. SE, weighed against the existing risk of liability to the City from fire and vandalism to the presently-unoccupied Smith residence, and mitigated by the prohibition against additional occupancies in Palisades West until the Final Plat Conditions #1 and #2 upgrades are installed, the Parties acknowledge and agree that granting occupancy to the Smiths' residence at Lot 15 of Palisades West would not create undue risk of harm from fire or other causes. Amendment to Final Plat. Based on the foregoing recitals, the Parties agree to an amendment of Notes #1 and #2 to the final plat of Palisades West, as follows: 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 the Internal 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. 2. No certificate 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 Yelm. 6. Waiver and Release. In exchange for the above-stated amendments to the final plat of Palisades West, which would enable an occupancy permit to be issued to Lot 15, and after such occupancy has been granted, Andrew and Cynthia Smith agree to waive any claim that could be made if the Smiths were to suffer damages from fire due to inadequate water volume for fire suppression, and release the City from any liability therein, until such time as the water booster pump upgrade has been installed. DATED this day of September, 2009. Andrew Smith Cynthia Smith 4 DATED this day of , 2009. CITY OF YELM By [insert name and title]