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Exhibit A - Exhibit M No. 09-2-02879-3EXHIBIT A OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: SUB-05-0458-1`~ APPLICANT; FH1, LL.C AGENT: SCA Consulting Group SUMMARY OF REQUEST: The applicant is requesting approval of phase one of a two phased development to subdivide approximately 11 acres into 24 single family residential lots. SUMMARY OF DECISION: Request granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on September 11, 2006, at 9:00 a.m. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a park of the record as follows: EXHIBIT "1" - Planning and Community Development Staff Reporfi and Attachments TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the applicant also owns an adjoining parcel and the second phase of this project will require a successful annexation. Proper notice was given. A steep slope on the site required a geologist report which determined that the slope was not a slide area. A retaining wall at the top will need an engineered design. The project meets all zoning code standards, and the sewer will need a pressure reducing valve. The project ._~_ will dispose of all stormwater on site and staff recommends approval of Phase one. DOUG BLOOM appeared and testified that he has worked with staff and has no obaection to any conditions of approval. No one spoke further in this matter and so the Examiner took the request under advisement. The hearing was concluded. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS, CONCLUSIONS AND DECISION: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record, heard testimony, and taken this matter under advisement. 2. Appropriate notice was provided pursuant to the Yelm Municipal Code. 3. The City of Yelm SEPA Responsible Official issued a Mitigated Determination of Nonsignificance based on WAC 197-11-158 on July 21, 2006. No appeals were filed. 4. The applicant has a possessory ownership interest in two, irregularly shaped parcels of property consisting of a total of 20.65 acres, abutting the southeast side of SR- 507. The eastern 11 acre parcel is located within the Yelm City Limits, but the western ten acre parcel is located within unincorporated Thurston County. The applicant proposes to subdivide bath parcels into 70 single family residential lots in a phased development. Phase one will consist of the eastern parcel presently within the City and will consist of 24 single family residential lots. Phase two depends upon a successful annexation into the City and will consist of the balance of the lots plus a church. The applicant now requests preliminary plat approval of Phase one of Forester Heights. 5. The preliminary plat map and aerial photographs show that Phase one will access directly onto SR-507 via a pipestem parcel of property approximately 80 feet in width. The pipestem extends east from SR-507 approximately 217 feet to the developable portion of the plat. The road turns northeast and then south to the south property line near the parcel's east property line and terminates in a temporary cul-de-sac. All lots will access from the internal plat road. Storm drainage facilities are shown in the south-central portion of the plat and in the northwest corner of the developable portion of the plat. A steep slope descends from the -z- eastern portions of lots 1-11 about 80 vertical feet, and the preliminary plat map shows mast of the slope retained as unimproved open space. The preliminary plat proposes an average lot size of 8,500 square feet and a density of 2.1 dwelling units per acre. 6. Abutting uses include the Ridgeline Junior High School to the northeast, the Phase two project to the west, and either agricultural uses or homes on large lots to the south. Urban density single family subdivisions exist to the east and north. 7. The Phase one site is located within the Low Density Residential (R4} zone classification of the Yeim Municipal Code (YMC). Section 17.12.020(A} YMC authorizes single family dwellings on individual Pots at a density of not mare than four dwelling units per gross acre. Section 17.12.050 YMC sets forth the lot area requirements and provides no minimum lot area for single family lots in the R4 classification. The proposed density of 2.1 dwelling units per acre is well within the authorized maximum of four dwelling units per acre. Section 17.12.050 YMC requires setbacks of 25 feet from collector roads and 15 feet from local streets subject to a 20 foot minimum driveway approach; five foot wide side yard setback; 25 foot rear yard setback; and a total of both side yards of 12 feet. Said section also allows a maximum building coverage of 50°10, maximum development coverage of 75%, and a maximum height for the principal structure of 35 feet, The proposed rectangular lots vary in size between 7,927 square feet and 15,640 square feet and will provide ample room for a reasonably sized, single family dwelling which can meet all setback and building coverage criteria. The project satisfies the bulk regulations of the R4 zone classification. 8. Chapter 14.12 YMC requires that a plat applicant dedicate a minimum of 5% of the gross area of the subdivision as usable open space, Open space uses may include environmental interpretation or education, parks, recreation lands, athletic fields or foot paths/bicycle trails. The applicant proposes to provide 2.54 acres of open space, most of which preserves the steep slope crossing the northern portion of the site from northeast to southwest. In addition, the applicant will provide additional open space available to lot owners in the development of Phase two. The open space calculates to 22% of the site, and therefore the plat makes appropriate provision for open spaces, parks and recreation, and playgrounds. 9. A mitigating measures in the MDNS issued pursuant to the authority of the State Environmental Policy (SEPA} requires the applicant to enter into a mitigation agreement with the Yelm School District to ofFset the impacts of school aged children residing in the plat on school services and facilities. Entry of the agreement will ensure that the plat makes appropriate provision for schools and schaol grounds. -3- 10. Traffic mitigation set forth in the MDNS requires improvement of the southeast half of SR-507 to City standards for an urban arterial along the property frontage. Such improvements include a full width center turn lane and right turn drop lane if required by the Washington State Department of Transportation (DOT}. Mitigating measures also require improvement of all internal streets to City local access residential standards. Mitigating measures also require that the plat road system provide a future street connection to the east. Upon development of Phase two, the internal plat road will connect and provide a looped road system and two separate accesses onto SR-507. Entering and stopping sight distance is available at the intersection of fihe internal plat road and SR-507, and the applicant will satisfy the City's transportation facility charge of $757.50 per unit payable at building permit. The project provides adequate parking for residents and guests, and therefore the plat makes appropriate provision for streets, roads, alleys, and other public ways. 11. The City of Yelm will provide both domestic water and fire flow subject to the applicant paying the current connection fee. Furthermore, due to the height of the parcel, the applicant must install a booster pump to provide bath fire flow and domestic water pressure. The applicant will decommission any existing wells on the property. The preliminary plat makes appropriate provision for potable water supplies. 12. The City Sewer Comprehensive Plan includes the property within its sewer service area, and a sewer line currently exists in SR-507 adjacent to the parcel. The applicant will connect to the City sewer system and will pay the connection fee. Due to the topography of the site, the applicant may need to install a pressure reducing valve in accordance with Gity requirements. The plat makes appropriate provision for sanitary waste. 13. The applicant will construct curbs, gutters, and sidewalks an both sides of the internal plat road and along the southeast side of SR-507 across the plat frontage. The applicant will also install adequate street lighting to ensure safety for pedestrians, vehicles, and homeowners. The plat makes appropriate provision for safe walking conditions. 14. The applicant has submitted a preliminary stormwater report which includes a conceptual design far the treatment and infiltration of stormwater. City stormwater standards require all development to treat and control stormwater. The preliminary plat map shows large stormwater facilities located on both sides of the internal plat road at the lower portions of the site. Construction of stormwater facilities to City standards will ensure that the plat makes appropriate provision for drainage ways. 15. The applicant must meet a[I landscaping and screening requirements set faith in Chapter 17.80 YMC. (n accordance with said chapter the applicant must install -~- either Type 2 landscaping around the perimeter or fencing. The YMC also requires landscaping in open space areas and stormwater facilities. Said chapter requires a tree and vegetation plan showing preservation of as many trees as possible with diameters in excess of eight inches, and mitigation of the loss of such trees by planting new trees. The applicant, prior to final plat approval, must present a detailed final landscape and irrigation plan for approval. 16. The steep slope descending to the southwest from the developable pardon of the site adds a topographic relief of approximately 80 feet and descends at a grade steeper than 15%, The applicant submitted a landslide hazard assessment prepared by Insight Geologic, PLLG, a qualified expert, which determined that the slope shows no presence of springs, seeps, or hydric vegetation. The slope appears to consist of three feet of sandy gravel overlying dense glacial till and does not meet the criteria for a landslide hazard area. The applicant will construct an engineered retaining wall far the protection of lots 1-11. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the proposed preliminary plat of Forester Heights Phase one is consistent with the R4 zone classification of the YMC and meets all development criteria of the YMC. 3. In accordance with Section 16.12.170 YMC the preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be approved subject to the following conditions: 1. The conditions of the Mitigated Determination of Non-significance are hereby referenced and are considered conditions of this approval. 2. Each dwelling unit with the subdivision shall connect to the City water system. The connection fee and meter fee will be established at the time of building permit issuance. All conditions for cross connection control as required in Section 246-290-490 ~JVAC. -~- 3. All planting strips and required landscaping located in any open space and stormwater tract, and along SR 507 shall be served by an irrigation system with a separate water meter and an approved backflow prevention device. 4. Civil engineering plans shall include an analysis of water system pressures and propose appropriate mitigation for probable low pressure flows at the protect site, such as a booster pump. 5. Each dwelling within the subdivision shall connect to the Gity S.T.E.P. sewer system. The connection fee and inspection fee will be established at the time of building permit issuance. 6. Civil engineering plans shall include an analysis of sewer system pressures and propose appropriate mitigation for gradient pressures, such as a pressure reducing valve, or changes to the sewer treatment plant headworks. 7. The applicant shall pay a fire protection impact fee pursuant to Section 15.40.020(B)(6) YMG. The impact fee far 2006 is $0.216 per square foot of new development, and is payable at building permit issuance. (fee subject to change) $. The applicant shall design and construct al! stormwater facilities in accordance with the 1992 DOE stormwater Manual, as adopted by the City of Yelm. Best Management Practices (BMP's) are required during construction. A 10-foot setback from all property lines and easements are required for stormwater facilities. The final stormwater plan shall be submitted with civil engineering plans and shall include an operation and maintenance plan. The stormwater system shall be held in common by the Homeowners Association. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. All roof drain runoff shall be infiltrated on each lot utilizing individual drywalls. 9. The applicant shah submit a firs hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans prior to final subdivision approval. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. The applicant shall be responsible for the fee far hydrant locks on all fire hydrants required and installed as part of development. The applicant shat! coordinate with the Yelm Public Works Department to purchase the required hydrant locks. _E_ 10. Street lighting is required. The Applicant shall contact Intolight to provide a lighting design plan for review and approval. 11. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing map for approval. 12. Prior to the submission of final plat application, a subdivision name must be reserved with the Thurston County Auditor's Office. 13. The applicant shall provide a minimum of five (5j percent of the gross land area as qualified open space. 14. The applicant shall submit a final landscaping and irrigation plan with the civil engineering plans to include the perimeter of the project site, planter strips, open space improvements, and stormwater facilities. 15. The applicant shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the tenant or homeowners' association becomes responsible for landscaping maintenance. The performance assurance device shall be 150 percent of the anticipated cost to maintain the landscaping for three years. DECISION: The request for preliminary plat approval of Forester Heights Phase I is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 27th day of September, 2006. _~--- ~- ~.~ ~ ~ ~ 1 -, ~,f _.._ .. ,. r i ~,. ,. 3` r f' .~ L...-' ATE ~ K. GAUSS UX~ JR. I-fearing Examiner TRANSMITTED this 27th day of September, 2006, to the following: APPLICANT: FH1, LLC 4200 6th Avenue SE, Ste. 301 Lacey, WA 98503 AGENT: SCA Consulting Group _7_ OTHERS: George Brown P.Q. Box 299 McKenna, WA 98558 Doug Bloom P.Q, Box 627 Rainier, WA 98576 Patty Forrester P.Q. Box 524 Yelm, WA 98597 Eran Ben-Sira 15140 Fox Hill Road SE Kelm, WA 98597 City of Yelm Tami Merriman 105 Yelm Avenge West P.Q. Box 479 Yelm, Washington 98597 -8- CASE NO.s SUB-05-Q458-YL, 1=0RRESTER HEIGHTS NOTICE 1. RECONSIDERATION: Any interested party or agency of record, oral or written, that disagrees with the decision of the hearing examiner may make a written request for reconsideration by the hearing examiner. Said request shall set forth specific errors relating to: A. Erroneous procedures; S, Errors of law objected to at the public hearing by the person requesting reconsideration; C. Incomplete record; D. An error in interpreting the comprehensive plan or other relevant material; or E. Newly discovered material evidence which was not available at the time of the hearing. The term "new evidence" shall mean only evidence discovered after the hearing held by the hearing examiner and shall not include evidence which was available or which could reasonably have been available and simply not presented at the hearing for whatever reason. The request must be filed no later than 4:30 p.m. on October 6, 2006 (10 days from mailing) with the Community Development Department 105 Yelm Avenue West, Yelm, WA 98597. This request shall set forth the bases for reconsideration as limited by the above. The hearing examiner shall review said request in light of the record and take such further -9- action as he deems proper. The hearing examiner may request further information which shat! be provided within 10 days of the requesfi. 2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner may be appealed to the city council, by any aggrieved person or agency of record, oral or written that disagrees with the decision of the hearing examiner, except threshold determinations (YMC 15.49.160) in accordance with Section 2.26.150 of the Yelm Municipal Code (YIVIG)~ NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration, please attach this page to the request for reconsideration. -10- EXHIBIT B FH1, LLC Oar. June 28, 2007 ~'~'~, , Mr. Grant Beck City of Yelm PO Box 479 Yelm, WA 98597 RE: Palisades West Piat Booster Station DesignlBonding City of Yelm Project No. SUB-05-0458-YL Dear Grant: ~.,~ `~ ~~ry~~ `~~ ~~ ~~ ~~~ ~ FH 1, LLC requested that the City of Yelm design a booster station serving the Palisades West plat over a year ago. FH1, LLC has met all other conditions of final plat and will design and bond for the booster station, We will nat apply for any occupancy permits to any homes in the subdivision until the booster station has been approved and accepted by the City. Please !et me know if you have any questions, Very truly FH1, LJ~ ing 1~71ember in /nt K /text/++pf++/2005/05017/corres/Beck062807 4200 6th Avenue SE, Suite 301, Lacey, WA 98503 360.493.6002 ~`' 360.493.2476 EXHIBIT C .eturn Address ity of Yclm isha R. Box ~ Box 479 elm, VGrA 9859fi ~~ Docrzment title{s} (or• transactions Contained therein}; 1. WaI~•anty AgF•een~ent for Palisades ~~%est. Reference Numbers} of Documents assignee! or r•eteased: (on page of documents(s)) Grantor(s) (Last mine, first name, middle initial) 1. 1~H1, LLC 2. Palisades West Subdivisial~ Grantee(s) (Last name, first name, middle initial} 1. Cit}T of Yeln~ ~ ~ ~. Legal Description (alrbrer~iated: i.e. lot, block, plat or sectiorr, torvrtship, range) SW1/4 NE1/4 ofS 25, T 17N, R IF.,, W.M. I-_ Assessors PraPerty Tax ParceUAccount Number: 21725130300 3988602 Page 1 of 3 02!12!2(308 OB;44 AM Agreement Thurston County Washington PALISADES WEST I (illlll III I IIIII IIII I IIIII IILI 1111111 illlll II II IIII Illil IIIII Illllil III III II IIII IIII WARRANTY AGREEMENT KNOW ALL MEN i3Y THESE PRESENTS: TNAT WHEREAS 1=H1, LLC (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as PALISADES WEST PLAT, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are spawn areas offered by the Owner to be dedicated to public use as streets, alleys and other righ#s of way, and other public fiacilities and improvements; and WHEREAS, it is necessary in the interest of pubiic welfare that the areas so offered to be dedicated are to be constructed in accordance with the specifications hereinafter set forth; and WHERE, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that ail improvemen#s be aonstructed in a manner consistent with the City's development regulations; Now therefore, TO INDUCE THE city to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: The Owner unconditionaliy warrants to the City, its successors and assigns that, for a period of 12 (twelve} months from the date of final plat approval, the improvements required to be constructed and dedicated to the pubiic under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shah fail or neglect to fulfill his obligations under this agreement, the City spoil have the right to construct or cause to be constructed, repaired, ar replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shah be liable to pay and indemnify the City, upon completion of such construction, the finai total cost to the City, including but not limited to engineering, legal 3988602 Page 2 of 3 p2r~y/20u8 ~B:A4 At4 Agreement P0.l_I5AD~SCWE57y 4lashir9tan I ~~~ and contingent costs, together with any damages, either direct or consequential, which the Gity may sustain on account of the failure of the Owner to carry out and execute all provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transfers d or assumed by any person or entity that is not a part of this agr r~ ~ ithout prior written consent of the City. ~, %, , , , .~- ~ ~' to n h ~ ai n _____ MAN1~G(NG MEMSER STATE Ol~ WASF~fINGTON} ss COUNTY OF THUR~ON ) On this ~ day of ~ ~ ~ , 20 ~ ,before me, the undersigned, a Notary Publican and for the State of Washington, duly commissioned and sworn, personally appeared Steven L. Chamberlain, Manager, FH1, LLC., that executed the foregoing instrument, and acknowledged the said instrument to. be a free and voluntary act and deed ,for the uses and purposes therein mentioned, and on oath stated that he/she/they was (were? authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above ten. Given under my hand and seal this ~ ~ day of ~-~ ~ , 20~~~ ~' ``°~'"'.~~~~-~~~-=~..- .~ ota``ry Public ~,~nd for t~i~ ~ ~T~'~..'~! ~~''~~~ ~~ ~t f shington, residing in ~f~~.t~e ~s~ ~~:s.t~i ~ ~g~to... ~---~ j~4f~~Gy ~, ~ ~~I~ y com ~ sio expires:__~, _~= Ccmmfss(nn ~xptrGS dUG1~573i, 2C,1p f 3988602 Page 3 of 3 ~'2112123~8 OB:Q4 RE": Rgreement Thurston County Washington PRLISR(i'c5 WE57 (1111111 III lilt l1 IIII 111111 IIII Illllli 111111 IIII IIII (IIII illll 1111111 II VIII IIII IIII EXHIBIT D City of Yelm STAFF .REPORT To: Mayor Ron Harding Yelm City Council Prom: Nisha R. Box, Assistant Planner Date: December 4, 2007 (for December "i 1, 2007 City Council Meeting) Subj: Palisades West Pinal Plat Recommendation Approve the final subdivision for Palisades West SUB-05-058-YL and authorize Mayor Ron Harding to sign the Pinal Subdivision. Background The Yelm Hearing Examiner approved, with conditions, a preliminary subdivision for the above referenced project on September 27, 2006. The project has finished construction with the exception of the Booster Station for water service and the Sewer Roll Seal for sewer service, bath of which are required to be completed prior to applying for final occupancy permits. The applicant has filed a complete application for final plat. Current Situation Staff has reviewed the plat for compliance with the conditions of approval paced on the preliminary plat. Staff is satisfied that the final plat meets aN conditions of the preliminary approval. 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'. la ~ el ~ ,u ° ~ .~ ~ p sorf>'asw '~ ~ ~\ cp~ f~--Ly'/ ~~~1'~ d, i^ +.~6. roam / ~~,./ O ~~ w ~2 h '~`.,.n'4 t _c`+s~f~ rya, ~_ ~ y+ 4 n 3, i ~°• CST 9y0'+~5 04'ILrItF GS ~_~~ 4! .. ~~ ~ SPLp 3 .gyp' w ~,.f'r~ ' ~ £ 1 ~ ' ~~. ra ors d/ / ~, ti~ Li^egs ~ f1 4 ~~ f ,~ ~ .x .c --~ o 8 Q~ yy1I y~y ~ q1~ H~y~ ~E ~~r„ ~I ~ £~ ~a 7 ~ o ~~ n ka~ m ~ 1~ ~ ~ ~ ,; ~ j n ~ @ o ~ ~ m 9 ~E ~ 'o Y ~ u S t; 6 n yI• Rl 6 o 6 a S ~ i ~I ~i a ~ +; S ~ S ~ w 9 s S o 6 ~ ~ a ~ ~ ~ : s . 5 ,, 5 w s - ~i ~ ~ . ~ ~ g ~ q ~ ~ ~ ~ nl ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ $ e ~ ~ ~ ~ ~ i ~ ~ ~ rn b fi ; i~ s ~ e x s a x a ra c ~ 5 e : ~ a a g A Y i ' ~ ~ d ~ j~3 ~`. ~~ ~~ A K'f ~~ ~U C EXHIBIT E YELM CITY COUNCIL REGULAR MEETING TUESDAY, DECEMBER 11, 2007 MINUTES Call to Order -Mayor Harding called the Meeting to Order at 7:30 pm. Roll Call -Present: Joe Baker, Bob Isom, Mike McGowan and John Thompson. Excused: Don Miller, Pat Fetterly, and Russ Hendrickson. 3. Agenda Approval 7-105 MOTION BY BOB ISOM 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 fo 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 surveys. Public Comment- Mayor Harding called for public comment. Paula Minkler from Roy has formed a Substance Abuse Coalition wifh the cooperation with County Law Enforcement, the Yelm Police Department, Schools, Discovery Counseling and others in the community for 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 $346,085.41 c. Payroll -Check #12774-12899, totaling $348,320.98 d. Financial Report -November Month End Report e. Park Use Requests: Yelm City Park, YHS 1978 Reunion, Wulfekuhle/Porter, 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 was no comment to the budget presentation provided and the Public Hearing was closed at 7:53 pm. 7-107 MOTION BY BOB ISOM ADOPTING ORDINANCE NO. 886, CITY OF YELM 2008 MUNICIPAL BUDGET FOR THE CALENDAR YEAR 2008. CARRIED. 7. b. Public Hearing for Fire Impact Fee Establishing New Rate, Impact Fee Funding Use and Emergency Medical Protection Agreement. Mayor Harding opened the Public Hearing at 7:55 pm to hear comments on the proposed Fire Impact Fee Increase and Funding Use for those fees along with an update to contract with the Yelm Fire District for Emergency Medical js/city council/2007 Page 1 of 4 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 process to adopt and expend those fees collected under the Growth Management Act and Capital Facilities Plan for both the City and the Fire District. The proposed fee was designed to meet 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 $.21 to $.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. Mayor Harding closed the Public Hearing. 7-108 MOTION BY BOB ISOM TO CONTINUE THE PUBLIC HEARING TO JANUARY 8, 2008 TO HEAR COMMENTS ON ESTABLISHING A FIRE IMPACT FEE OF 32 CENTS PER SQ FT OF NEW CONSTRUCTION. CARRIED. 7-109 MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO SIGN INTERLOCAL AGREEMENT WITH THE YELM FIRE DISTRICT (SE THURSTON FIRE/EMS) FOR APPROVED FIRE PROTECTION FACILITIES. CARRIED. 7-110 MOTION BY JOHN THOMPSON AUTHORIZING MAYOR HARDING TO SIGN INTERLOCAL AGREEMENT WITH THE YELM FIRE DISTRICT (SE THURSTON FIRE EMS} FOR EMERGENCY MEDICAL PROTECTION FOR THE PERIOD 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 AMENDING THE 2007 BUDGET AT YEAR END FOR REVENUE AND EXPENDITURES. CARRIED. 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 Il 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 JOE BAKER AUTHORIZING MAYOR HARDING TO SIGN THE FINAL SUBDIVISION APPROVAL FOR PALISADES WEST SUB-05-0458-YL. CARRIED. Yelm Ave West LID, Phase II, Construction Contract Award-Wood and Son 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. Wood and Son Earthwork and Utility Contractors LLC is the low bidder and within the Engineer's estimate for construction of Phase I1. js/city council/2007 Page 2 of 4 7-113 MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO SIGN A CONTRACT WITH WOOD AND SON EARTHWORK AND UTILITY CONTRACTORS LLC, INC. IN THE AMOUNT OF $2,551,618.94 PLUS TAX, FOR THE CONSTRUCTION OF PHASE II OF THE YELM AVE WEST LOCAL IMPROVEMENT DISTRICT. CARRIED. 9. Old Business a. Quit Claim Deed on a Portion of Buckhorn Estates to the State of Washington for SR510 Yelm Loop. Grant Beck provided a staff report explaining the transfer of this section of property in Buckhorn Estates from Buckhorn Estates to the City of Yelm as condition of the development and the subsequent transfer to the State in preparation for the SR510 Yelm Loop. 7-114 MOTION BY JOHN THOMPSON AUTHORIZING MAYOR HARDING TO SIGN A DONATION QUIT CLAIM DEED TO CONVEY PROPERTY LOCATED IN THE SUBDIVISION 4F BUCKHORN ESTATES TO THE STATE OF WASHINGTON FOR THE CONSTRUCTION OF THE SR510 YELM LOOP. 10. Mayor and City Council Reports Councilmember Baker attended Intercity Transit Board Meeting. Councilmember Isom attended Thurston Regional Planning Council where they approved extensive TC Trails Plan. He added a thank you to Yelm Public Work's staff and the Yelm Police Department for (heir extra work done at the City Park for the Parade and Christmas in fhe Park. Councilmember Thompson attended Thurston County Policy Board with discussion of a sidewalk ordinance. Yelm Transportation Committee heard from Dept of Transportation regarding existing crosswalk removal and connection to the trail at the intersection. Councilmember McGowan attended Christmas in the Park and Home Consortium meeting where they continue to restructure their focus to expand services into South County. Mayor Harding asked the Council to review his recommendations for appointments to the Yelm Planning Commission and Yelm Historic Preservation Commission. 7-115 MOTION BY BOB ISOM CONFIRMING THE MAYORS APPOINTMENT OF INCUMBENTS GLEN CUNNINGHAM AND JOHN GRAVER TO THE YELM PLANNING COMMISSION AND INCUMBENTS CHARLOTTE MILLER, RONNI NUTTER AND GAIL SCHNORNO TO THE YELM HISTORIC PRESERVATION COMMISSION. CARRIED. 11. Executive Sessions -- none scheduled js/city council/2007 Page 3 of 4 Agenda Item ba. 12. Correspondence provided for review included; Agenda for Thurston Council on Cultural Diversity and Human Rights, AWC Small City Advisory Committee Vacancies and Letter from unknown citizen regarding Circulator's Rights to Petition. Attest: nine A. Schnepf, City CI k js/city council/2007 Agenda Item ba. Page 4 of 4 73. Adjourned: 8:35 pm / ~°'~ ~~' SF, £ ... 4~~a 6 aa. ~~ ~ ~~k~a ~ ~a C:} °CS ~ ~~~ ~ ~ ~ ~ R~~,>~ ~ t ~~a r ~~ ~ #,' .~ y ~ ° ; red §`*~° ~ ` ~~~w~ g ~+~~. ~ s'~R k B C5 I~ ~~ a~~ ~ ~ ~ ~ ~£~gi~~ x ~~ ~~~ ~ ~ ~~~~ ~~x~~a c ~xM of ~ q ~ 4 ~`~ ~...: ~ .. ~`~ c ~~ ; ' ° ~&~~.#,~it'~ ~ ~.4.a~'~. ~ ar ~ a ~~ ,:,~ ~'~I ~. 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SF 8 Y8ug8 4N ~k Y1 t,HS ~ ~~s Y ~ ~\ &r %s F ~ ~ ~P~ Z~,3, fit,=~ ~ t~.~. ..L i bk~` ~`> ~3 m ti ~,,~ ~" >:x ~ K ~ 3~ ~ <. ,~- ~ .~4. 1~ y. ~~ ~ ~~~ ~~~a - e -< ~ ., ~ :~ rK~ ~ ~~ ~~ ~~ ~ ~ ~m ~ . ..u ~~ ,~ r~ t, ~a s "a s l ,il~~ _ ]y 4 N 1i ~ .... < ~' ~ ~ ~' ~ 05 ~ ~~. ~ ~'E .~ ~.;=* ~;%' ?~ !p } " ~ ro ~~/ M I~t a z~ ~y ,~ ~, ~._ x: ,• fi 7 W /i~~~~7 ~,~,' §t~C~l4i~;t~~a~~~~ ,~t~ts~;~a~i;~ ~u~~vx ~."...,.. ~a.a..., ~ "," ~z CA ~ V 8 ~? ~ '~ ida'~e~~~g7i~ ~` a ,ale frnTl ~'` ate--., s ~vq~x 8 Viz" ~r ~~ i r beY , "'.~ Y~~ ~ ~~ ~ ",ax$ x tttkx~ ~a~sa z p ~ ~ dR~9&RR 8g§$$g8&tt6S~8A$8~~§ _x ~ x dV ~ CT1~ ~„ _ , ra :_ i~iAG1 Q ~ x~ ~$ .~~ ~ --- ~ ~ - 6 a'9rs'~., t~,j _-t ~ ~- c9 .~ fix. -.~ ~: ~ a ~~ - fi I i ~'IX & CC'S ~~~ N~ $\~ _ `~\ ~ _ ~% 0~ v^ ~ CT ~~ ;~ $ ~~ Sri ~-'~ ~ $~~ ~~ a ~ N~ i /,. ~` IX3 g, N ti u~. ... ^; _ i ~. ' S ~ "a - ~ ~ ~ , ' •,; r., ~ z~ ~ ~ ~ ~,; z; r# ,a v, ~ ~~ ~~ ,z ~ - ~ ~ `~~ 15~'~4~ ,~ ,a.- ~ f ~ ~ ~ r ~ ,~ ~~ c~ ~ » v ~ 4 rn ~ ~, ~... x v _ aY"~ t _., `~ ~ ~ '~ l~ ' : _ ~'° °U~~ t \ .~ s: N ~ ? ~ ~ F / _ ~ J` 4 ~« /6 ~ ~ :,. .~ .;r.~i ~~ :"5 ~. --i 7> ~~?~.~ ~u "y m s~ p~$ ~c ~~ K 4 n F d vE z ~ ~` .h a t` ~' z" tr+, h ~• 6 N ~1 F L "mow d EXHIBIT F CITY OF YELM RESIDENTIAL BUILDING PERMIT APPLICATION FORM Project Address: ~rr~ 7~~ Yn"l>>~~rli5 Sl ~ ~ Parcel #: ~ Il~G~ ~~ ~~ ! 5"CEO ~. Subdivision: ~/-~~~ Sr~tJ~- 5 cG~E=S r Lot #; f5 Zoning; ~S{iaE-~~tC ~~ New Construction ": Re-Model / Re-Roof /Addition "Home Occupation Sign Plumbing L Mechanical ( Mobile /Manufactured Home Placement Ci Other Project Descri Project Value: of Work: i~~=~' Z- JTa~"~ 1Fo,+~ E Building Area (sq. ft) 1ST Floor/ ,l~ 2"d Floor `T©/ Garage 71 Deck Basement Carport Patio # Bedrooms ~ # Bathrooms L'/~ Heating:~RS10THER or ELECTRIC (Circle One) Are there any environmentally sensitive areas located on the parcel? ayU If yes, a completed environmental checklist must accompany permit application. BUILDING OWNER NAME: ;'~ - t` !'"t '' ADDRESS ` ~ ~ ~ ~ ' t. EMAIL CITY ~E~tXc,U' ~ STATE 1y1L' ZIP~1S~~ y TELEPHONE (~; ~ 3) .3. te. .3 ~ 3 ARCHITECT/ENGINEER c~ELL EN6/~tl~L-~'/ 1~LICENSE # ADDRESS~G'S 7C' ~t i~~,#Slirpil~,t~E.41 .~T 'a ~%o EMAIL CITY ~ ' ~ i c~}.~ 17 STATE 01Q. ZIP ~Il ~ r;" TELEPHONE t sd3) 2 ~ ~ - 6 ~ ~~ 2 GENERAL CONTRACTOR ~l~a1JCL' f~t~ry~~=~ TELEPHONE(~3Gn~ }F`~2-6DOZ ADDRESS ~1~~~a 6`i~ t~ Uf S~ ~~~ 3r1 i EMAIL CITY [r"~'t.L°) STATE ,~/ ~, ZIP_ `7~-1 ~, '~~ FAX~31~r` ~ `1 ~ ~ Z •,~ 7G CONTRACTOR S LICENSE #.1_-1 _~,~ ~ <'~EXP U~l~E.~,___CITY LICENSE # < i' -' ~';~f; i:- PLUMBING CONTRACTOR TELEPHONE ADDRESS EMAIL CITY STATE ZIP FAX CONTRACTOR'S LICENSE # EXP DATE CITY LICENSE # MECHANICAL CONTRACTOR TELEPHONE ADDRESS EMAIL CITY STATE ZIP FAX CONTRACTOR'S LICENSE # EXP DATE CITY LICENSE # Copy of mitigation agreement with Yelm Community Schools, if applicable. I hereby certify 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 Yelm. Applicant's Signature Date Owner /Contractor !Owner's Agent / C tractor's Agents (Please circle one.) All permits are non-transferable and will expire if work authorized by such permit is not begun within 180 days of issuance, or if work is suspended or abandoned for a period of 180 days 105 Yelm Auertue West (360) 458-3835 PD Boz 479 (360) 458-3144 FA~C'` s ~ ~ ~ `:.~ i ~ t Yelm, j~'A 98597 www.ci~m~us ~~ ~ ~ CEP 0 5 2008 ,j~~,C cia~,~ '~~ ~~~ ~ ~~ ~~ :s~I ~ ~ a . s 1 ' ,, ~ ~IT1~9 ~' `~~"3f~ pppp ~ ~ ~ ~ ~ r~'~ s~ ~C 7 .~ S ;7? vex ~ s" €J-. '~€.,~.'1 ~' ~~w_:.~3-`, °.. ~..~ L h~ ~' y • ` c „Z, t 7..~ ~._ ,... ~'~~ rf_. tis'4 <tr .i44i ...a..l'}~. t,R u. ....,. ~ -- ~} ~U~ t J ..,.. `~zt .. r~~,L-E.ii;~F~~.~ tf-;5, 7i ,..... <~_ t ~.. ~ t .,.~ ,_. ... .'.f iv ... ~ i .. , ,,.v,. ( ~ ~, .i(1 .~. ..'I~.i f s _. .., .. .,.. , 'f: .. :_ ... ~:. ..~ v_._.. ~ _J~ v:_t ~ l.z .. tv ,I _< .. ,its ... _d_ ryry f. .. ~~ $ .~. v : ~ r (i;v .. ;~ '7..,. r.:, wx,~ it E . ~- 'j? ; F... v ..~.a,~~ _ ~t '~.~;, '; `, _. i31_ ,. ...~. ..«~,fif. _..~ EXHIBIT G City of Yelm Community Development Department Building Division Phone: (360)458.8407 Fax: (360)458-3144 Applicant: Name: Triance Homes Address: 4200 6th Ave SE # 301 Property Information: Site Address: 10756 Palisades Street SE Assessor Parcel No. 67110001500 Contractor Information: Name: Triancw Homes Address: 4200 6th Ave SE #301 Contractor License No: TRIANG144600 Project Information: Project: Palisades West Description of Work: SFR lot 15, plan 22122U Sq. Ft. per floor: (1st) 1828 (2nd) 1298 Heat Type (Electric, Gas, Other): GAS Fees: Permit No: BLD-08-0326-YL Issue Date: 09/17/2008 (Work must be started within 180 days) Receipt No: 56169 Phone: 360-493-6002 State: WA Zip 98503 City: Lacey Subdivision: Palisades West Lot: 15 Phone: 360-493.6002 Contact: Lee, Dan State: WA Zip: 98503 Business License: 002940.0 City: Lacey Expires: 09/01 /08245 (3rd) 0 Garage 719 Basement 0 Item Item Fee Base Amt Unit Fee Unit Rate No. Units Unit Desc Building Permit 100-500k 2,263.05 993.75 1,269.30 5.6000 226.6610 $1,000 Building Plan Review 1,470.98 0.00 0.00 0.0000 0.0000 Mechanical Permit 78.25 0.00 0.00 0.0000 0.0000 Plumbing Permit 118.00 20.00 98.00 7.0000 14.0000 Fixture Sewer ERU 5,885.00 0.00 5,885.00 5,885.0000 1.0000 ERU Sewer Inspection 145.00 0.00 145.00 145.0000 1.0000 ERU Water ERU 1,500.00 0.00 1,500.00 1,500.0000 1,0000 ERU Water Meter (SFD) 300.00 300.00 0.00 0.0000 0.0000 Consumer Dep 90.00 90.00 0.00 0.0000 0.0000 Traffic Facilities Charge 1,334.21 0.00 1,334.21 1,321.0000 1.0100 Peak PM Trip Fire District Impact Fee 1,230.40 0.00 1,230.40 0.3200 3,845.0000 square foot State Building Fee 4.50 4.50 0.00 0.0000 0.0000 TOTAL FEES: $14,419.39 Applicant's Affadavit: I OFFICIAL USE ONLY I certify that I have read and examined the information contained within the application and know the same to be true and correct. I also certify that the proposed structure is in conformity with all applicable City of ! # Sets of Prints: Yelm regulations including those governing zoning and land subdivision, and in addition, all covenants, easements and restrictions of record. If applying as a contractor, 1 futher certify that I am currently registered in the~tate of Washington. J ~ ',Final Inspection: ~ I Date: Signature ~ ~, Date _ - - _ --- _ _ ,' 1 ~ ~~ ---- ---_- - / _ ;B Firm _~~1 ~~-~-~ ~ _-~~~ ~~~/~ , - i y. ~og N fi~ I ~, o I o I I~ I i c 0 O~ 3dOl3AN3 ~NlOllfl6 i I I 1 I ~ I I I I I^ I I ~~ I I V I (n I I~ I~ v ~ I 1^ f I~ I~ O ~ I I ' I O ;~ O ~ I I V' ~ o I I r ~ I _ I I I I - I I I I I I I ' ' ---------~ ~_ 0 9 I -------------~ i I ~ i~ - - - -~ - - -- - - - - .~ _ I ~~g - ~~- ~~ ~ z=~-L-7" 'STN dvr~ uiNi~~n - - -- ~ S~J~N~l CC D ~~I~ Hlso t ~ O~ n IIIH XOj C~Z n z ~ ~ 3~~p3`~ 9 Z ~` 1501 H1ti01 oaFOl ~~~ o "' ~~ NOIldJOI Hlooi ~ oa, m ~ ~\~~NO~ 1~3f'O~id o o,~ ,~ ^~d~ 6 l ,b~b n ,~bO Y U ~ Z J ~a~ J +7 ~ o~ a~ r ~ o ~ ~ ~' _ - 6v O ~, ~ ~ ~ c ~ r-- 0 ~ co N 3nv _. ~ ~ ~ ti ~ m ~ c ~ °~ o ' N Y n z 168 -~ ,~ \ ~ ,1 ~~ 1 1 Q '-~ e~ ~, CL ~ e ~ , Q 'NOl` M ~~~ ~~ j I y~ Y $ 6 ~~3 ~ ~~~~~ ~~$~ ~~ ~~ ~~~ ~~~ ~~~~ ~~~~ ~g~s3 ~.~~~ g# ~~. F~g4g ^IS Sh~B ~~ ~ ~ ~~ ~ Ry ~ `;y ~E W ~T6 ~ M j qaL°~;A a ~n; e,; ~~ 4i'~A6A n xt. f4 ~g u ~ ': 'r kit T_A "~ P ~ 9i. ~"Y ~a ~ g }z~ ~ EXHIBIT H City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 December 23, 2008 Steve Chamberlain FH1, LLC 4200 6th 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 me at City Hy~Jt--? cerel~i, Grant B ck, ~recto~ ~ Com nity Development Department c. Gary Carlson, Building Official (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us EXHIBIT I www,triancehomes.cam April 7 2009 Grant Beck Director of Development Services City of Yelm 105 W Yelm Ave. Yelm, WA 98597 RE: Palisades West Dear Grant: T am writing you this Lotter in attempt to find some resolve to the dilemma 1 face with the new home nearing completion on the hill at Palisades West. As background in April 200b Triance entered into a contractual agreement with lieutenant Colonel Andy Smith and his wife Cindy to build their dream home on Iot 15 to retire here, We were delayed in starting construction until the details on the water booster station were- finalized. In the mean time, the Smith had secured their financing. In September, all permits and appraisals were completed. Wben 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 confident 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 lost #heir financing. Within about 6 weeks of the starting construction, we were informed that tl~e developer was still having difficulties in getting the additional financing to complete the booster station. The overall economy and housing markets were now at a critical point and no `., bank was interested in loanizag ~naa~ey on a project like this. Simply put he had run out of \ funding options. Triance will complete this Dome in the next couple of weeks and the Smiths will. need to move in. 1 had discussed the matter with the Buildzng Official, Gary Carlson who directed one to talk with you and the Fire Dept. 1 know the developer has had several conversations with you and has kept rx~e apprised of the city's positions t.o dat.e. He had not discussed this matter with the Fire Dept. 1 meet with both Chief Rita Hutcheson and Deputy Chief Ivlark King to discuss any interim options we ~nigllt pursue until financing becomes available. They informed zne that they could presently and would provide 9,38 Burnett Road ~ Yel;~t, WA 98597 ras 360.400.1888 °~+ 360.400.280$ www.triancehomes.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 no 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 Smith 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 zny 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 of years 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. Your 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. Re~ectfully, ~~ ,~ ~ ,` ~,; ,~ ~_~ Dan Lee Triance Group Inc. Cc: Andy and Cynthia Smith 9138 Burnett Road ~ Yelm, WA 98597 ~~ 360.400.1888 ~ 360.400.2808 EXHIBIT J Y {T f f': ~ ty yr~ ~ - tt 1 Z' ti ~ s FHS, ~.~c April 07, 2009 Triance Homes 16948 ISaylan Lane Rochester, VSIA 98579 RE: Palisade West Dear Dan, As you knew I have been working for aver a year on now getting resolution to the city's requirement for the i~astallatian of a water booster station at the entrance to the plat. Originally, we were optimistic that one would not be required and preceded on that hasis. It was not until the final plat vas ready to record that it was confirmed ~+e would need to do something to improve the fire flow at the top of the hill. The plat was regarded with that as a condition and we were given the ok to build the fzrst home, However the final occupancy pezxnit was conditioned on resolving the matter to the cit}~'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 fifteen in the interim utztil the appropriate city approvals were obtained and we knew what these additional improvements were going to cost. I was confident at the tune that the bank was going to finance these latest impmvezxzents based on my communication with them. I have been persistent with trying to get that accomplished for the past six month, however the banking industry continues to worsen and new appears the bank I have been working with is not able to process any additional funds for t.ltis project at this time far reason beyond my central. I .have asked the city on several occasions for a variance on the fire 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 S07 as phase 2 is completed. There is adequate fire flow at the base of the hill but due to the height of the rise where the new house sits, about X00 feet away, the residue p~•essure drops from about 53 psi to l 8 psi, The city's minimum is 20 psi. That said, I would suggest you contact the fire department and see if there were any way they would consider the fact that there is oz~ty 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 flare available new where there wasn't before. The next available fire hydrant that meets the minimcfm flow and pressure requirements' is only a few llundz•ed feet way near the bottom of the hill. You might also offer up to install an enI-ianced smoke and fire detention system above the normal detectors. This is only an intez'im 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 ez~lianced. I will continue to seek alternate financing options to get this issue resolved to the best of my ability. Hopefully your requests' to the city will, have,E~tter results. ;f...... - ; r ~ / Steven G~t~~'z}-be~Iain~ ~` ~ 4200 6th Avenue SE, Suite 301, Lacey, WA 98503 360.493.6002 G, 360.493.2476 ~. EXHIBIT K ~'i ty o f Ye l m Oate Received 13y _ File No _.._- '~~~ Conzlnuni.ty Det;elopnaent Depa ~~t~ne7i t. . FINAL PLAT APPI,ICA?'ION ~~~' (ll (~i~ i PJI~ ~ + `~~ fi`; ~n,-Q (~lc:~ t (.`rn~4-1 ~ c">r~ S L{C~dPG~ ~' ~>t~, ©C> -E-~( m-+ nv~- ~\~~ ~` ~ b C t Cpc.•nc~ I o~ 1 ~ ~ 1 ~~[;-7~ ~$:gp C~•~mY'ilt~,,~VQjNE' - 5('-z GL uLCr~c (~ per ttesoluuon x~:s5u) APPOIN7;L1F,N1'1~RP(~IIUIRI;D 1+'DIt APfPLICATIOeV 51713tIbiITTAL I'lerrse cell! ~1n55-3835 l ~ '~ ~~ 1 a I~ ' ~' ~ ~~~~ V~~ ~ ~ ~ ~ r ~ ~ ~ ~ f ~, ! _ / i (G>(G(f C ( ~ V Gl l l Strl V t ~ Subdivision Name t l ~V,7 ~ ~~ ~ ~~/! g 4 ~ L' %O (~E S(~ / ~f' ~f ~( ~~ f P li i Pl t A a pprova Case # and Narne o re m nary ~ //~~ I (`' mber(s) /`t(~r' nL~ rn~ r't~ l~'~,'~C~ G~~C~f" P ~, ~ ~ f # ~~ ~1 ~ l_~CIL~~ t >~~~ c~ f~ j~~- l P r l N \ ax a ce u ~LUt 1 S )) l-)t I'~L1r n~G~ •StfB6tVtBfR r,~-n~~ ~~i ~n~~it~~(.r7~~' SUt~VEYOR Narne l ~ /~(/ Name Address Address ~ l~i,~~ j~l a l ~r/~1 ~ ~ 5 C>I F Fax Phone Fax Phone E-mail ~E I\ CU`.~~irt...n ~ i,{.'S''l~Tla,t~Irh E-Mail ~ ~ ~h C'' / ) r~ f} {~I> ~- ~ ~'!, ~~ ~~t V .j~ `~ (L'`N~ ~1 ~ff~~G.7 ER(S) -~) Lo1 1S ENGINE~~ ~(v `". '~~.(~ ~ ~ rYYI.IM f~ j ~ df`~ PROPERTY OWN • ,,~~! S f / _-t ~ I J n6t1~ n i l"}l : % ii~ ~l ~ vC ~ 7 ~ ~ CL } i ~ ~ " •? ~ 2~,~~-j c~.~,~er - ~ l S ~~~~( (cvf~l i f r. r i / N me N /~ l'Yta- ~ ~ LLB ~L y7~Xt~~i1 l ,/Y,~r, ~('~'~tt,rl~ ~~"/ ~ ~.5 ~ ~~~ ~L~s~n ~rC " ~a ~ur `E'LM f}rnu ti~cl.,rts).nt ~ , '~ ' , y~ 2 CQ- Address Address '~~~~ t (.t-tJ \ i ~ ~i~r ~ti'~ !'t~ SGi `7 -- - ~,~vc~ ~ ~`^ /~ r~e , S ~. S~ t E~ ~L?l , , ~. 17. ~ I S .J S ~ , ~ ~,~,~ 15~ Phone ~~f~ Fart* Phone ~ Fax L{ ~ o ~• CX ~,,2 E-mail 5 m1'1"h --- rc -_ c. C? rnsn .C c:Y}'l E-Mail Sf C Ct S ~ C<' mc~ ~ , Cc%m t-AND USE t3REAKDOWN (calculate to the Nearest Hundredth) _ ~ lGL _ n ~, C t}~,~~~~~~ ~ ~J }J~ vS~`/1 ~% 11 / ,, Total Acrea o ____ _ ~ r ~ 9 rL-'r't ~~ ~" 7~ P S~ C c~~! J c- r S ~ Numbar of TJlullifamily Residential Lols Number of Single Fam•!y Residonlial Lots Number of Commercial Lols Number of Industrial lots Smallest Lot Area Average Lot Area Total Acreage in Opsn Spaco Fee ~n Lieu of Open Space Leng7h m Public Streets .____,_.__ Total Acreago in Public Strees ___,__ __ Leny;h ui Pnvate Slreels total Acreage m Pnvate 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 office has received written acknowledgment from all departments required to sign the plai, the legislative body will be so advised and a date for a public meeting will he set for their consideration. IOi Yelm Ar:erure }i'e.vl (360) d55-3585 PO 13os d79 (.?60) day-3111 FAX }'elm, t4'A 9&5.97 <ruae.ci ;velrn.tea,us .'~~9 EXHIBIT L City 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. !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 Ye1m'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 wafer 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 Ye/m standards, provided that a building permit may be issued for a model home if a fire protection plan is approved by the City of Ye/m 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 ~wo~ T~p~~ City of Yelm ,4 Community Development Department 105 Yelm Avenue West Yelm, WA 98597 YELM WA SNINGTON December 23, 2008 Steve Chamberlain FH1, LLC 4200 6th 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 Hal:-~ Grant B k, ~recto~ ~ Com nity Development Department c. Gary Carlson, Building Official (360) 4.i8-3835 (360) •158-3114 FAX u+wru. c i. ye lnr. a+a. us www.tri ancehomes.com April 7 2009 Grant Beck Director of Development Sez-~~ices City of Yelm 105 W Yelm Ave. Yelm, WA 98597 RE: Palisades West Dear Grant; I azn writing you this lettez• in attempt to find soz~~e resolve to the dilemma 1 face with the new home nearing completion on the hill at Palisades West. As background in April 2008 Triance entered into a contractual agreement with Lieutenant L;olonel Andy Smith and his wife Cindy to build their dream home on lot 15 to a•etire hez•e. We were delayed in starting construction until the details an the «Tater 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 confident that it would be forth coming. We proceeded accordingly due to the time that had already elapsed and the deteriorating banking enviranmcnt before the Smith's lost their financing. Within about 6 weeks of the starting construction, we were informed that the developer was still leaving difficulties in getting the additional financing to complete the booster station. The overall ecanozrzy and housing markets were now at a critical point and no bank was interested in loaning znaney az1 a project lilcc this. Simply put he had run out of funding options. Triance will eonrplete this lzozxze iza the next couple of weeks and the Smiths will need to move in. 1 had discussed the matter with the Building Official, Gazy Lazlsoz7 who directed me to talk with you and the Fire Dept. 1 know the developer has had several conversations with you and has kept nle apprised of the city's positions to date. H.e lead not discussed this matter with the 1"ire Dept. 1 z~neet with both Chief Rita Hutcheson and Deputy Clz.ief Mark King to discuss any interim options we might. pursue until f nancing becomes available. They informed n~:e that they could presently and would provide 9.38 Burnett Road ~ Ye1rn, WA 98597 `r~~ 360.400.1$88 ~ 360.400.2808 www.triancehomes.com adequate fire service to this house and suggested that I only install a fire alarm monitor zzl addition to the standard smoke detectors. They acknowledged that there had been two permanent residences on the property in the recent past that had no fire protection. The location of the home to the fire station and its proximity to the fire hydrant of the base of the hill would allow them adequate hre 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 ,riven 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 Smith 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 flaw. Lastly, I have spent my most of my life in Yelrn and my family roots here go back nearly 100 years. I am very proud to say that 1 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 of years 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. Your 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. Respectfully, ~ ~ f } ~ ~ ~ ,, ~ ~~ Dan Lee Triance Group Inc. Cc: Andy and C}mthia Smith 9138 Burnett Road ~ Yelm, WA 98597 ~~ 360,400.1888 =~ 360.400.2808 ~;~ c 7 r ti f. ~ ?:~ i FH1, i.LC April 07, 2009 'T'riance Homes 16948 Kaylan Lane TZachester, ~r~'A 9$579 RE: Palisade West Dear Dan, '~ As you Know I have been working for aver a year on noel 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 and preceded an that basis. It was not until the fznal plat was ready to recazd that it was confizrned we would need to da sarnething to improve the fire flow at the top of the hill. The plat was recorded urith that as a condition and we were given the ok to build the first Name, However the final occupancy pezxnit 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 fifteen in the interim until the appropriate city approvals were obtained and w•e knew what these additional improvements vrere going to cost. I was confident at the tiznc that the bank was going to finance these latest improveznezzts based on my communication with them. 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 banl: I have been working with is not able to process any additional funds for this project at this tune far reason beyond my control. I have asked the city an several occasions for a variance on the fire flow far all the reason we have previously discussed but to date have been unsuccessful. Yau will recall that there were two existing houses on tlae hill that had no fire flow nor city water for years. I installed a new $" water main and fi~~e hyd~•ants up the hill with the intent to loop if back out Hw_y 507 as phase 2 is completed. 'T'here is adequate fire flaw at the base of the lull but due to the height of the rise where the new house sits, about 500 feet away, the residue pressure drops from about 53 psi to 1$ psi. The city's minimum is 20 psi. That said, I would suggest you contact the fzre department and see if thcz•e were any way they would consider the fact that there is otrIy one house on the hill. it was built to cuz7•ent building codes, it replaces the two older Names that existed there for years, there is fire flaw available now where there wasn't before. The next available fi~•e hydrant that meets the minimum flaw and pressure regztirements' is only a few hundred feet way near the bottom of the 1tiI1. You might also offer up to install an enl-ianced srrzoke and fire detention system above the normal detectors. This is only an intez'im 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 et~lianced. f will continue to seek alternate financing options to get this issue resolved requests' to the cite will ltave~tter results. ;' r; Steven ~~'~t iberlaiir ,i'; L. vlomli.e~ j ~-~~ to the best of my ability. Hopefully your 4200 Eth Avenue SE, Suste 301, Lacey, WA 98503 360.493.6002 Gi 360.493.2476 c S. ~. THURSTON SIRE & EMS Rainier Yelm Post Office Box 777 Yelm, Washington 98597 {364) 458-2799 !Fax {360) 458-2766 April 6, 2009 Mr. Dan Lee 4200 6~' Ave. Suite 301 Lacey, WA 98503 Dear Mr. Lee. Based on our conversation today, the fiollowing 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°lo involvement or 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 flow ability on scene. 2. The fre flow requirements for this particular structure areas follows: ^ A 3,200 square foot home (no exposures) / 3 = 1, 066 gallon per minute required fre flaw for 100% involvement or, 533 gallons per minute for 50% involvement or, 266.5 gallons per minute for 25°I° involvement which can be met with the hydrant currently located on site. The current hydrant on site provides 500 gallons per minute, leaving an additional 566 gallons to be provided for by a secondary source if the structure is 100% involved. 3. The Fire Department can meet the required fire flow requirements in one of two ways or a combination of both: The first arriving S.E. Thurston engine would lay 1400' of 4" supply line from the secondary hydrant located Hwy 507 & 105'" providing required fire flow or, ^ An engine /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 flow for 8.4 minutes. In this particular situation, the tender refill and turn around S. E. 7HURSTt}N SIRE & EMS Rainier Yelm Past Office Box 777 Yeim, Washington 98597 (360} 4582799 /Fax (360) 458-2766 time is aobroximately 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 con#ains no other exposures. S.E. Thurston Fire & EMS would expect no additional construction would take place until such time that the required fire #low is met. RECOMMENDATIQNS: 1. installation of a monitored alarm system. 2. No additional construction on this site ar ad~aining 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 U Deputy Chief Rita Hutcheson Fire Chief April 14, 2009 Dan Lee Triance Group, Inc. 9138 Burnett Road Yelm, WA 98597 Dan: Community Development Department 105 Yelm Avenue West Yelrn, 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. (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) 1+i8-383:i (360) 158-3111 FAX u+una.ci.yelnz.a+a.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 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 Ye/m 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 projecf 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 Ye/m standards, provided that a building permit may be issued for a model home if a fire protection plan is approved by the City of Yelm Fire Marshal and SE Thurston Fire/EMS. " Rather than have a sales office in the model home, you chose to construct the model home as a residence, apparently in the hopes that the booster pump station would be installed and approved prior to occupancy. If you choose to pursue amending the final subdivision in order to remove the condition relating to the installation of the booster pump station, the fee is $750.00 and the request requires a public hearing before the Hearing Examiner, who would make a recommendation to City Council. The Community Development and Public Works Departments would oppose any such amendment. Please keep in mind that the subdivision also contained the condition that "no certificate of occupancy for any habitable structure shall be issued until a sewer roll seal is installed by the developer and approved by the City of Yelm" and that the City is still owed $25,015.43 for plan review fee's which will be required to be paid before the pre- construction meeting for either the booster pump station or the pressure sustaining valve (roll seal). Si Grant Be~c, I?~ife~t~r' 1 omm~ ity Development Department c. Lt. Col. Andrew and Cynthia Smith 15339 105t" Avenue SE Yelm, WA 98597 April 14, 2009 Page 3 of 3 gg~~yy ~ `~~5V T1' y iS v_I " \ p4p ~ J GGZZ YY WW U~'.. O <O ~ W N ,' fi~{~ -y~ ~ ~ Mgr; ~ ~x v '~~~ ~ ~ ff ~ a~~ w ~ ~~ C ~ and .• ~ ~~~ ~ ~ ~ w ~ z ~ ~~ ~ ~ ~~~ g~~ o u ~<o.. '~ ~ ~l, o ~ ~ \~ a~ ~ ~ ~0 ~ gg W gg~ ~ wa ~o~ .U. V ~ o o ci m ~ ~~ ~ ~~~~ Z~ti ~io~ ~ ° Y. c ~ ~~~ ~~ ~ ~ ~ ~~ ~y ~ ~ ~y ~ ~~ ~ ~s jz~ a 3 iz e ~ tiY H ~ ~m'C~~Q ~~ ~ ~i>X< O ~ v Ym ~ S w H ~ ~k'Jy e Q ~R ~ ~o ~'$< aa'Tmz {{J ~1 oZ .\ r` c ~ )` y~ W r ` O ~J 1~ m C) ~I N ~ ~~< ~ ~ V V W ~ ~ l~ ~~ ~ V ~CO¢ V U ^Y .~~°~ ei2 ~ =6~~ ~ z4 Z U 2 X23 ~ C > ~'~ ~ ~ "O -~ rn~- ,' O G ~ ~ ~ ~ ~ ° ~ U A ~i H~ ~~w~ z~3 ~ ~ Kd ~ ~ ~ ~ ~ Ey ~5 (~ ~ ~ a QQ 3 m ~, gW ~ ~ ~ ~ ~ ~ S ~ •. 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Ui ~c",8aY38^uc~Eto~wn~n,o^mwo_~nrn 7 rv $ ~ N ti uutt•,u'SG~uG~~u~F3~ `~ ~ ~3a ~~~a+++ to ~, N - ~ Y~~` LIY06 - _. _~ ._ _. _ ~ ~. __ _ , _ _ ~. _ _ ..-_ _ _ Lt W ~f~lldfdtt1~t11iJli'dlNt~d'd14ff ~!~f t,tdHl L09886f r,. ~j ~J ~ ---- C/ Ci ty o f Ye l m Uate fteccived - - ttY Fdu No __ _ ~J ~~ C077ZI7tTlIL7Ey D(?L'Cj0~7)LE?IbC 1)epct7'tntent 1''l1VAL PLAT APPLICA7'I~N j'~ ~' ~~ I~~ ~ ~`~ 71 ~ ' XELM.,o l > fi;ti.~- i~t~~l l'"c?r~cEl~c`'~~5 ~{L~c{Pz~ v,~,,,~l, _C>,Cc? '(~.>c m-+ncr ` k~ ~ ~ ~l },~, (Uca~c~ I o,1 l~ ~!!1c%-7~ Fee: 559.80 C~,~<~r,ri,~n~,rv~- -See.. LL udl:u%~~ ~ _) (In addition any professional service charges per Resolution #358) r2PPOINTtti18eVT Pls'tt7L17RED 1+OR APPL1CA770N S(713?t1ITT iL Ple(rse. call 1ac~-3835 Subdivision Name h" Gl ~ t ~~~~ ~ ~1~(?u~ ~ ~~~G>~C~f'~ ~~ ~ ~ ~~~ ~ ~ ~ ~~~~~ ~%~' ~~ Case # and Narne of Preliminary Plat Approval ~V,~ V f-~ ~ ~~+/~ ~ ~ i ~- r 0 (~P SI ~~ ~~f' / J /i f~ lax Pareel Number(s) /`t(~1+' nL~ rr?F' ~t~ lr~~~'~~t ~~ P~ ~ ~ f # ~' / [ ~L'~~~ r ~:>~)[ ~ e~ n ~~_ CI ~'t t s~ •stfaetvt~tz ~~l?l;~o..rti~~ t?el~rr~~'i~Gc~l„' sv~lEVaR nl~ f>~ r~ (vs}~rnE~i1 T C ~I•J JI `I ~ YJl. I I WLw lam' ll ) laG Address ~ .~ ~f ~~~1-~-~~ 1 ~~L{~{ s . . -: ~. Cl~~~~~+, ,~ ~ ~ ~~ ~ Phone 1 C/ Fax ~ _ ~y~~ - C~ ~ J ~ ~ G~~. t~ _~c).S E-mail ~F t \ ~u `:.1 ~ rr,~,.~n tit. L~.'Sh't~A;tn ~r,fJ `t~ < < ( U,~ PROPERTY OWNER(S) -~~ ~-~~ IS ~ ~ -~ / 4n~~ot.;~ ~ l(.;i~~)l~~( ~tni~~ N me { ~`'~ ~-f'l-,n ~,'l>{"Lr'1Gl.r'(1~fLl Address ~' ~%l~ F G'V~ ~`~ SL(~ -- ~CC `> F.~~GLvt ~' ~ " - 3~~1 S (~ ~- I`~1f~ t C~ h~1 7 ~ , ~ "~. <~ I ~~ Phone ~t~ t ~ Fax E-mail S m`I'i`)~ .._ cl -- ~ CI rr}sn (L%m Name Address Phone Fax E-Mail S ~`rr~rr / ~ rj ~~ /`~~i~~- ~rTr~l G~~' r, ~ t~(v e - ; -in ~ . ~ r~ rrw;.;r,ti; r"J ~ a1 ~ ~r n ft~/o~ ENGINE - - ~___-_--___-(l5 iJ r)t ~~~'L'~ /ma N - 4" G r .~+ 7~Xcl~f~ 1. lYut*! ~~t ~Gt,r ~ 1 ~,~ t-~ 1- f'~ ~ ~ L.1..~, ~ e Address ~ ~'~k-r t~ (.C.iJ 1 G-C1C..~-~,~- Phone Fax L~ L~ ~ ~• Cx. ~r,2 -- ----_ _ E-Mail SJC Ct S ~ CP mt:~ I , Cc~Y~n LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) _ /)(~` _ n C~, t, it~~r-L~c' ~~ •3et~~no5F'~! ~' Totat Acreago s - _ _ -- Number of Single Fam ly Residential Lots Number of ullifamily Residentia~ Lots Number of Commercial Lots Number of Intluslnat pots Smallest Lol Area Averaga Lot Arca Total Acreage in Open Spaco Fee n Lieu of Open Space Length m Public Streets ____ _____ Total Acreage a7 Pubhc Streets Lenoth ui Pnvate Sireels total Acraa9c in Pnvate 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 office has received written acknowledgment from all departments required to sign the plat, the legislative body will be so advised and a date for a public meeting will he set for their consideration. !O5 Yclnr rlocr:ue W'csl (360) I~i3-35'33 PO Snz 479 (,760) 45R-31 td 1~"AX Yclnr, LL•'A 98,597 rna~rc.ri.i•etni-a~a.rrs CHECKLiS? ~-- ,y1/v`~` ~ `~''jJ L'r 1~-11t~1~! I ~~U 8uhrnitted INissinq SUPPORTING ppC,~1h~EN75 {Submit one copy of each document, unless otherwise Holed) 1. Plat Certificate, date not to exceed thirty days prior to subrr!itlal. 2. A copy of any deed restrictions applicable to the subdivision. __~_____ 3. A copy of any dedication requiring separate documents. 4. Approval (signed off punchlist) by the engineering department that the subdivider has complied with ane o` fhe fclrowing A. Ai: improvements have been i ~stalted in accordance with the requirements of this title and with the aclion of fhe iegistative body giving approval of the preliminary ¢iai; B. .4n agreement and financial security have been executed as provided for in the Subdivision Ordinance to assure completion of required improvements. _._._.W- 5. Mathematical bountlary ctoscres of the subdivision shawiny the error c?osure, if any {4 copies). 6. The mathematical lot closures and street centerline, c:osures, and square footage cf eaci; ¢arcal (4 copies). 7. Lots containing ona aore or more shall show net acreage to nearest hundredth. 8. .4 phasing plan {if a¢plicable.) ~,-r.v 9. A summary ex¢Ianation is required of how atl City Counci€ conditions of approval and SEPA mitigation have been met. _ _.__~~.__ 10. Final drawinys an disk in Auto Cad format. 11. A copy of any Hcme Owners Agreement. 12. A copy of any Maintenance Agreements (Storm Water andtor Open Space.l 13. VF'arranly Agreement for a'I improvements. _______ _~ 14. Bit1s of Sale tar Sewer and Water. 15. peferral Agreement-- Nlaiver of Protest (if appticabie.) ._ 16. Storrn Water Mainleeance Agreement. 17. 'J~Jater Rights Agreement (if appricabte.) 18. Homeowners Agreement. -- 19 _ID Segregation Application (if applicable.) 20 documentation oT Vv'eil/Se¢iiclt)rain geld Abandomnaet. 21. School Mitigation Agreement. ~ ~._-- 22. latecomers Payment (if applicable.) 23. Open Space I"ee in-lieu of Payment {if applicable.) ~.___-_ ____.-- 24. Any outstanding City fees. 25. As-builts. _ 26. Plat Maa (11 folded copies -rolled not accepted.) 27. pne 11 x 17 reduced copy of the Finat Plat tdap Date Checked: Checked by: 105 Yelm A.uea.ue }rest PO Ifae_ •!79 S'ehn, fl'A 98597 Additional information Requested: .._ _ Additional Information Received: Application Complete: ~. (360) 45d-3835 (360) d58-31.19lr~X t(~tUtt!.f! ;)'CflJi, IL'(t, IJS 1.~>/~f (c~r~t~ ~~~..5 RE5OLUTiON NO. 358 YELM DEVELQPMENT FEE SCHEDULE {Ali applications are subject to additional professional review and cansultatian fees} SUBJECT Presubmission Conference2 Annexation Initiating Petition "Simple" Annexation "complex" Annexation Appeal' Staff Decision Commission Decision Binding Site PlanlSite Plan ReviewtDesign Review Moaile Home Pari< Multi-FamilyrCondominium Commercial Site Plan Indus#rial Site Plan Conditional or Special Use ! Substantial Shoreline Development Home Occupation Master Plan' Conceptual Master Plan Approval Final Master Pian Approval Ordinance Text Amendment Planned Development District APPLICATION FEE No Fee No Fee $ 350.00 $1,250.00 $ 50.00 $ 100.00 $ 250.00 + $50.00 space $ 350.00 + $50.00 per unit $ 350.00 + $5D.00 per 1,000 sq. ft. of gross floor area $ 350.00 + $150.00 per acre $ 506.00 $ 50.00 $1,006.00 + costs $1,000.00 + costs $ 54o.a4 $ 750.06 -+• 525.04 unit Plats Boundary Lsne Adjustments $ 100,00 Large Lots $ 250.00 + 510.00 per lot Short Plat $ 250,00 ~ 550.00 per lot Preliminary Full Pla# $ 750.00 + 525.00 per lot F aJ.F~lI_Plat $ 750.00 Minor Amendment ~ $ 350-03~~'; State Environmental Policy Act (SERA) Environmental Checklist $ 150.04 Environmental Impact Statement $1,500.04 Vacation of Plats, Right-of-Way, & Easements $ 100.00 + $250A0 if approved Variance $ 250.00 Zoning Map Amendment {Rezone)/Shoreline Resignation $1,000.04 Transportation Impact Analysis Data $ 500.00 Inginecring stirvices and 1_egal services at prevailing ntt~s as necessary- fttr tt;vie~~~, a' as raluested by tihplicant. Civil lingineea•ing revieir at lsrevailing rates. ` tuitial t'resubntission confercitce at na chat•ge. Auditionai assistance requiring engine~.ring andior legal sets-ices will be Milled at prevaili~tg rates. Appcai fees arc suUjcct to ua to a Sfl°'o t•cfund at the diSc;retioit of the final tlccisiotrntalccr upon i-rnding in J'avor of the al>pcaling party. >+ces may be reduced or t~~aived by the City Council triton a finding of general public benefit. Combatted multiple applications, excluding euuiroumental revie~.r, annexations, find '7'IA Data, submitted co3tcurrently are discounted by 50°lo for al! fees greater titan the highest individ=.iat fee. `t'he above fetes da nol include construe#ion permits, recording costs, 2nd fees of other agencies T~ l~l `,.t 1 i.V1 X11 V J~.1~~~ I3cn(;iisl)n3auCC:ushr~~as~law.cot)~ Mr. Grant 13eck, Direct6r Con~niunity Development Inept. City of Yelm 105 Yelm llvenrle West Yeln~, WA 9459"7 t);,Y\ I1' I:1,1\'aSI I i \G"I Y)\ 9851)1 (.iblt; ~i~1-9183 I~:\(<<i\dll,l: ~iGl±j 9~6-979j August 2I , 2009 RIB: Application for Minor Plat An~endn~ent to Palisades West Dear Mr'. Beck: ,.<(, ~I~,III~If;f~I ,..,<.~,.f,fzl.~.(,..:I,I:f; ~t )I~ 1'11 f: AN(~tl.ISA a •,I :(7 1U tlf'1'I'!iU I~ d.l.?,S~:L,: )Rkii {f )~, <:;":\\I LI I~~ rsc i r:~ In Follo~'y- up to your telephone conversation with my paralegal Doreen Milu-ard, oil behalf of Ar~drevl ~ Cynthia Smith, we are sl.rbnlitting an application for a plat az~~endlz3ent to alltend the t1~ro conditions or "Notes" added by the City Council to the Palisades Vest final. plat correernin4~ the water booster pump station. and the sewer roll seal, For the purpose of excludin~~ the Smiths' I of 15 From these two conditions. "1'he proposed an-rended text is shown by underline as Follol~~s for refer•encc;, attached as E~hi;jit A is a copy of the face page oFthc recorded plat): I. No building pcrzxzit shall be issued ~'4~ithin this subdivision, except for Lot I5, until a booster pump is installed by the developer and approved by the City of Yelm which provides adequate fire Flow per the Internal I~ ire Code and City of Ycln~ standards, provided that a building permit nay be issued For a r~~odel llozl~c if a fire protection plan is approved by the City of ~'clm I~ ire Marshall arld SI I'hur•ston 1~'ire/EMS. 2. No certificate of occupancy for' any habitable structure shall be issued; except for. Lot I_~, until. a sewer roll seal is installed by the developer and approved by the City of Yelm. According to RCW ~$. 17.2I ~ (copy attached as Exhibit 13), plat aznendnlents nlay be initiated by any interested person,l7ut the application needs to be si`ned by a n~ajoz•it.y of those persons having an ownership interest ire the lots. 'I~o prevent corlfrrsion or error lal:er in the process, the application form contains the signature of Steve Chamberlain, hIII. L.L,C, indicating he agrees with the proposed plat arnendn~el~t. Because this plat amendment application is probably unusual, 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 pr•oee;dure which is to be used. Chant Beck August 21; 2009 Page 2 Procedural Clarifzcations +~ Although you land discussed a $750 application fee, we see that Yclm's Developzazent See Schedule idezrtifzes that a minor amendment to a plat has a $350.00 application fee. Enclosed Evith this application is a check for $350, for what we presume is a minor plat amendment. In a prior Ietter to tl'ze Smiths' builder, you had identified a Hearing Examiner process that would he needed to initiate a plat an~ezrdmczlt, but it is not clear to nZe why this application for a minor plat amendzxzcnt needs to first come before the Hearing lxaminer in order to provide a recomznezldation to the City Council. Because it was the City Council who added the two conditions as Notes to the final plat {attached as Exhibit C is an eleerpt from the Council's 12/11/07 minutes), the assumption is that the Council would not need an Examiner's recomnxendation to amend their own conditions. t~~e refez-ezzce the City's Code regarding Decisioz'z-Makers at YMC 16.12.1 i0 which states: "The final decision with regard to each prclirrzinary full subdivision shall be made by the hearing c:x.amincr. 'The final decision with regard to each final full subdivision shal.E be made by the city council.." Based on that reading, once the matter is past the preliminary plat stage, the decisions are made by the Cify Council. Sc> 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 cxee;pt in accordance with RC~W 58.17.215. No subdivision or plat. thereof shall be rrzodifed or amended except with the approval of the decision-zxzakcr vested by this tztie with the authority to grant original approval of such subdivision..." We would interpret the City Couzrcii's added conditions on. the fznal plat to be construed as the "original approval." Furthez-, a public hearing is neither z•equired nor necessary. The recluirerrzerzt irs RCW 58.17.215 states: "Upon receipt of an application for alteration, the_ legislative body shall provide notice of the application to all owners of property within the subdivision .,. `l~lze notice shall either establish a date for a public hearing or x~rovicr<e that a hectrin~ nta}~ he 1°ec7ue.sted by a~efson receiving notice ...." (emphasis added). Chapter 16.36 YV1C also identifies rro requirement for a public hearing to process or enact. a plat an'zendn.~.erzt, and instead cites to the procedures provided in RC~t 58.1'7.215. The proposed amendments do not involve boundary changes or any modification to public rights-of way, so there should be minimal public intez-est. Fiecause time is of the essence, the matter could be reviewed azld considered by the City Council using a public hearing process durizig ozae of its regulaz-ly- sclzeduled nteetizrgs. Reasons and Support far the Requested Plat l~.mendtnents • On 9/17/08, the City of ~'clm issued building permit No. BLD-08-0326-~'L for the Snait).~z residence. 'S'kis perzxzit vas based on the application subzxzitted 9/5/08 by the Szxziths' contractor; Dan Lee, of Triancc 1-lomcs. 1"he application idcnti.fics 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 13ziilding Permit was Grant Beck 1lugust 21, 2009 Page 3 concurrently issued, the City additionally received 52,075.00 as Lot. 15's school mitigation fund contribution. (Copies of application, building permit, and receipt are attached as Exhibit ll.) This btziIdzng permit issued 9/I7/08 clearly vas not for a model home, which was the only exception allowed under plat condition Note #1 (quoted above), a condition that had already been established on or before 2!12/08 when die Palisades West final plat was recorded. Although we note know that there had been some tu~derstaz-zdings exchanged bet~r%ecn 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 se~~~er seal were installed. Our clients' corzstrttctian financing was premised upon the standard procedure that if construction was propez-ly completed, then an oectzparrcy permit would be issued. By the time the Smith house ,vas finished being built in April 2009, the economy had coznplctely changed. The owner of the remaining lots in Palisades Wcst was not able to obtain the financing he had anticipated, and therefore has been unable to install the water booster pump and sewez• roll seal (which eve understand will cost about 5400,000). Thez•e are now multiple liens agaiz-zst all of'tlae lots in Palisades West, except for Lot 15 owned by the Smiths, yvho have continued making their loan payn~zents, even though they are prevented from moving izato tlxeir coznplctely-finished home. The likelihood of these water and sewer improvements being made in the near future Grows more remote with each passing month. • In April 2009, the Szxziths and their builder worked to understand and resolve any potential issue regarding fire flow, since ~vatcr volume for fire protection is the purpose of the booster pump. C)n 4/d/09, the SE Tlazarston l=ire & ElvlS wxotc a letter (copy attached as E~chibit E} outlining a very plausible plan for fire protection of the Srnith residence, complete with tw-o different workable options. Fire Chief Rita I~Iutcheson 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 sift ~vhieh provides 5(30 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-minute volume. Alterzaatively, atender response could provide the full fire flotiv gpn~z during which time a second tender would refill and retuz•n, repeating ibis process as necessary. + .Fls for the sewer roll seal, it has been explained that its purpose is to prevent aback-up of effluent during tinges of high_volume use. tVhile an ezztire ne~v subdivision of homes added to the system might trigger the need for this upgrade, the contribution of one ltozne's sewage usage does not. `!'here would be no adverse effect on the City's sewer utility due to the addition of the Smith home in advance of the sewer roll seal installation. l~~hile it is most unfortunate that Mr. Chamberlain has so far not received tl~e funding to make these improvements, the fact is drat the Smith residence can be ~.~ranted occupancy without any adverse izxzpact.s to "public use and interest" as that term is used in RCW 58.17,215. Crrant Beck August 21, 2009 Page 4 In weighing the factors to decide this hatter; we ask t}~e City to give. due consideration to the consequeaices: If the proposed amendments a~-e approved, the Smiths will be able to move into their home; no further houses in Palisades West will be able to he constructed until the water booster pump and server sea} are instal}ed. As explained above, there will be no adverse impacts to tp1e City d~.le to the addition of this residc;nce. If denied, the Smiths face a financial catastrophe, and the City still does not get the booster pump and sewer seal installed. Moreover, witlxout tl~~e Smith Family residency, there would be no presence at al} to sustain the I'ahsades West neighbor}good through this ecol~iomie slump, thus lessening any chances the area may have for inclusion in the first wave of recovery. Attached as Exhibit la' is a ~I19/09 letter froze the Smiths explaining their predicament. Simply put, there is i1o benefit to the City to deny the proposed plat amendment. In summary, the Smiths have a beautiful, well-constructed house that meets all buildiaig code requirements; yet they are not allowed to move into ii. Not only are the}~ financially obligated to contirn~e making monthly payments on a house they can't live in, they also must a~ntinue to rent temporary accommodations for their family until this matter is resoh~ed. While it is hoped that the waiver and 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 respectful}y ask that Yelm act quickly to approve the requested plat amendments. "Thank you. Very truly yours~~„~ BDC/dm Enclosures cc w;/ encl; Andrew & Cynthia Sz~7ith Brent Dille, Yelm City Atto1-ney Steve C',hambe,rlain, I~III, LI~C Dan Lee, Triance I3omes tt` !3 r ;i - ?~ ~~ f~ i4Y y t~ f ,, ~'~ 1",'s ~ i 1 W ~ V 2 ro ~<° °`~z v=~ ~~3 ~~~ z ~~~ 0 ~~ ~~~ 4 ~N~ U` y O z V: j ~ ~,~'L.Y9 ~ ~~$ ~ C ~~ ~ ` f ~ LL ;; ~ 3 oz~_~•~~ a 3 i ~" b ~~ n i ° ~ ~ . ~S ~V ,vim t U ~s< ~ ~ ~~~ ~}~ :r si _ 3 ^ a d, i ~ 5 ti ~ ~~~ o /_ n~s, f~S ~ Q' ui ~'~ ~ v ~~ w r ~ ~.; s z Q ~ Y ;•~~- ~ 0 `~ ~~ ~ ~pvz `-~ s„ .. ~i3~'~37i ~~~ ~ ~zoc~c"-~3 ~ 7b ~X'~3~i ~ S € .a ~~ ~ §s jt a,, g>fk05'C ~~t ~ ~~c _~A~y3 ~ ~. ~'~w°~~g QaGb Y's a~gw}yya"~~ S ~_ i,v„~~i ~t~S ~jea ~'~ ~~a~~ ~~ ~ bS. S 4 yid ~~ ~,,xz ~°°z~ 2a x ~~ ~ o ~~~~xx~'y ~~w~ ~~ ~~~~~~o:r ~ ~~ 8~ "5~ W~ b c~~3$ "~~ . ~ ~~ ~ i ,s~~~ Yat y eV ~ ~ b~ ~W~;' :~ ~~ ~ ~ ~~g~~~h~'~ }~ ~ o~ 5~~~$°~~ ~~ Eye z~ yy ~'~ ~1 is ~.N Y'~3ia Y'~ ga' IX~s xyEi'C~x° qq2"x ~yLy' ¢*~Y~ ~~`~`'tp 2i t~tlN ~ '! Y 5 :~ rY~3~~d:~yx ~~zx n~ N~Y~e ~~~ ~ Q. xv`r 2 ~ v3_ .. =? ~~ Vl~g ~~{{ FJ~ n~: ~\: . ` ~' - a ~~~ ~ ~a a ~.....:.~.s ado b ~ ~ K ~ "= ,;~a h' ~S~a. ~ ~~ Zoe ~ 13 ~ ~~N b=s I~ . ~ .tides~ ~ a .,~&' ~ ;~ 3 r' i.~ YV ? ~~Ji :J:a~ ~ ~~~ g~ 'z " a ~~~ ~ 2t A s~~ B ~'~$ ~ ~` x ~~~ o ~oq Fem., ~~g ~',o~;`°~ .;,~,a r`~ 'yF,~.y,"'li .~, t ~ ~I .gg~ •`a, ~~n~~~*` ~~° ~,,, spa s e W~ $6 S ~ & b ~~ a 3 ~A~ ~~~ h ®i x ~; c ~~~ ~ a s ~a~ ~ i~ ~ W n ~g, = 4 ii'ill!'tl:~l~~ I;[I~GIlfF.lill:.Al!II~:~~I~' ~j/. r, "'~ f~ / .!~ ~~/~~! I :I ~ t , ~ : ~ ` ,`3~ d i a~ ~~ ~ zr= x ~ ~`s ~~~ tt ,_n ~ ~ ' ;; . ; ~ 3~; ~4 r _= I x ~ `=: a ' \I a ~a :7 'peg ~j ~ ± ~ •' M~j iF:r' - •4c,~i ~ a til ,~~ a yy~I ~ .J ~'~ ~?=gy ~e w a.~s ~ o X ~K :.t. ~ ~~~~~ SI ~odg ~~~ Z~~f ` ~~ 3 `°~: ~ is:' ~'1 ti r~ k .Kea ~~~~_4XF ~ ~ ~z ~$4~ vJ Y ~ ~ a a Y ~ ~~ V.~ ~Q~j !a. ~ Y~;=., ~ ~I ~ O o x~3 O z; O ~2'°z °x1 o` ~ .~ C u~ ~' c u 2 ~ ~i ~~ ~_~~ ~,jx h~ b ~~~ ~I~~ ~~~~; IZ~:~1~ 5~.1'7.,~1~: ~11ter<atiotl ~t~sut~ciivtsiuu - ~ k'rocc:clttt'c. 1'~t~c 1 t~l RCW 58.17.215 Alteration of sutadivision -Procedure. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in RCW 58.17.040{6), that person shat! submit an application to request the alteration to the legislative authority of the city, town, or counfy 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 er 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 €or 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 fhe alteration of the subdivisipn or portion thereof. Upon receipt of an application for alteration, the legislative body shall provide notice of the applicatior: to all owners 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 v.ithin fourteen days of receipt of the notice. The legislative body shall determine the public use and interest in the proposed alteration and may deny or approve tha application for alteration. If any land within the alteration is part of an assessrt~ent 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 tivithin the alteration contains a dedication to the general use of persons residing within fhe subdivision, such land may be altered and divided equitably between fhe 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 final plat or short plat, which after signature of the legislative authority, shall be filed with the counfy auditor to become fhe lawful plat of the property. This section sha[i not be construed as applying to the alteration or replotting of any plat of state-granted tide or shore lands. (19$7 C 354 § 4.J I~`V'' `i~: i Ell€p:r/apps.le~:.4va.govlRC 4V/defa:,i(t.asp~c`?cjte-~~.17.2 E 5 5 1912{l(it) i/. ~ CC !~'~ ~~~ YELM CITY COllNCiL REGULAR MEETING TUESDAY, DECEMBER 11, 2fl07 MINUTES Cal! to Order - ;Mayor Herding called the Meeting to Order of 7:3G prn. Roll Cail -Present Joe Baker, Bob Isom, Mike h•1cGowan and John Thompson. Excused: Dcn Miller, f'at Fetterly. and Russ Hendrickson. 3. Agenda Approval 7.105 MOTION BY BOB ISOM APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentation -~ Thurston County Waste Management Recycling Program Update. Terri Thomas prcuided handouts for the Counci! on the various programs that are new and improved including; food waste recycling into corrtpost for schools and businesses, choosing waste free holidays by gifting experiences rather than things, adapting 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 welt as learning from i`he customer service surreys. Public Comment- Eblayor Harding called for public comment. Paula Minkler from Roy has farmed a Substance Abuse Coalition with t'~e cooperation with County Law Enforcement, the Yelm Police L7epartment, Schools, Discovery Counseling and others in the community for 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 534n,085.41 c. Payroll -Check #12774-12899, totaling 5348,320.98 d. lrinanci'al Report -November Month End Report e. Park Use Requests: Yelm City Park, YHS 1978 Reunion, Wulfekuhle,`Porter. July 13, 2G08, 100# 7-106 MOTION BY JOHN T~OMPSON APPROVING CONSENT AGENDA ITEM5 AS PRESENTED. CARRIEb. 7. a. Public Hearings 20(18 Budget Hearing was continued from the 11-27-Q7 Council meeting at 8:52 pm. There Leas no comment to the budget presentation provided and the Public Hearing was closed at 7:53 pm. 7-107 MOTION BY BOB lSOM ADOPTING ORDINANCE NO. 886, CITY OF YELM 2008 MUNICIPAL BUDGET FOR THE CALENDAR YEAR 2008. CARRIED. 7. b. Public Hearing for Fire Impact Fes Establishing New Rate, Impact Fee Funding Use and Emergency Medical Protection Agreement. h~tayor Harding opened the Public Hearing at 7:55 pm to hear comments on the proposed Fire Impact Fee Increase and Funding Use far those fees alone ~vifh an update to contract with [he Yelm Fire Gistrct for Emergency Medical js,`city GnunCi(f2007 Page 1 of ~; 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. i-{e provided a power pcint presentation on the background of the process to adopt and expend those fees collected under the Gro~,vth Ivlanagement Act and Capital Facilities Plan for bath fhe City and the Fire District. The proposed fee 4vas designed to meet the increased demands for equipment identified in the b year plan for a growing city and would impact the builders at the time of permitting from x.21 to `,5.32 per sq ft of a building project. Tt~e current protection agreement expires at the end of the year. This proposed agreement would be extended for a three year term. tviayor Harding closed the Public Hearinc. 7-'108 MOTION BY BOB 1SOM TO CONTINUE THE PUBLIC HEARING TO JANUARY 8, 2008 TO HEAR COMMENTS ON ESTABLISHING A FIRE IMPACT FEE OF 32 CENTS PER SQ FT OF NEW CONSTRUCTION. CARREI=D. 7-103 MOT10N 8Y BOB tSOM AUTHORIZING MAYOR HERDING TO SIGN ENTERLOCAL AGREEMENT WITH THE YELM FIRE DISTRICT (SE THURSTON FIRElEMS) FOR APPROVE=D FIRE PROTECTION FACILI i IES_ CARRIED. 7-110 MOTION BY JOHN THOMPSON AUTHORIZING MAYOR HARRING TO SIGN INTERLOCAL AGREEMENT WITH THE YELM FIRE DISTRICT (SE THURSTON FIRE EMS} FOR EMERGE1~iCY MEDICAL PROTECTION FOR THE PER10D 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. 7~1~1 MOTION BY BOB iSOM ADOPTING ORDINANCE NO. 887 AMENDING THE 2007 BUDGET AT YEAR END FOR REVENUE ANR EXPENDITURES. CARRIED,..._...~._______.._..._ _.~ _._ _.__._. _.. ......__...__. 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, useabie open space between Phase I and II and a street connection to connect the two. A booster station for ~,vater and sewer service is to be completed prior to final occupancy permitting. 7-112 MOT10N BY JOE BAKBR AUTHORIZENG MAYOR HEARING TO SIGN THE FINAL SUBDIVISION APPROVAL FOR PALISADES WEST SUB-05-0458-YL. CARRIED. __-- Ye!!72 pi,jn i~Vegt t in l~h~cg I! f'nnc~tr~.:Ctj4;; r'nriFr9Ct A'.Iur.~.-~loCd ~.nd ~.^,^ _. , 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. Wood and Son Earthwork and Utility Contractors LLC is the tow bidder and within the Engineer's estimate for construction of Phase II. js:c~ty cc~ncili2007 Page 2 at d ~~gcnda Itcrn C~a. i2. Correspondence provided for rEviB,N included; Agenda for Thurston Council an Cullum! Diversity and Human Flights, A~1~JC Small Cily Advisory Committee Vacancies aid Letter From Unknown GifiZBi': retarding Circulator's Rights to Petition. 13 Adjourned: $:35 pm ~/ E2onald Har "ng, lvlayor Attest: f~~ 7 mine A. Schnepf, City Cl k s/city counciii2007 Agenda 1€etn C~1. Page 4 of 4 C1TY OF YELM RES[bENTIAL BUILDING PERMIT APPL1CATfON t=ORM Prcj=c; Address:_,~Z~C~S'~/~i~ Sr 5~ Parcel #: ~ ~l/O ~~ t~ /SpO S:udv;sion: f F~~, 5,9CJ~ S i~'~ S f trot m: /S - Zoning; ~Sr~'Fit„i~?L _ ~' Ne~.v Construction - Re-~'Vlodel / Re_Rcof i AddttiGn E Homa Occupafion Sign Plumbing ,~ Mechanical Mcbile ! fvlanufac;ured Hor,2 Placement Li Oti~ar Project ~7escripticn/Scape of ~Ncrk: i~'!~v-' Z-~EcE~ y ~s Project'dalue:~~G'~; yOCJ ~ __- ~ Y ... Building Area (sq. ft) 1S' Floor /. 'Z~ 2id Floor `lO! Garage 7. ~,~ peck Basement~Carport`_,. -Patio _ # Bedrooms ~ ~ Bathrooms Z% Nea=,ing:~OTHER or ELECTRIC (Circle One) Are there any environmentally sensitive areas located on the parcel? ~.~_ If yes, a compfefed environmental checklist must accompany permit apolicaticn. BUJLpING;_OUV(VER N:4'>V1E: ~ ~ ~ ~ ~ A~DFZESS ~..~ E~b1AIL CITY~_XUr~ ---.-STATE_.L1~f2, ZIP f~{,4S'~'i T~E>w'PUn~,~ li-,~a1 ~~r -,"'J,7 ARGHFTECT(.ENGINEER~-J~t.L - , - LICENSE # ADDR SSI~D_j"70 S~LyF}Sb'y()G,~r_•~J ~i #Z/v EMAIL CITY- ~"~ R i cr},~, D STATE C)R ZIP 77Z/ .TELEPHONE 2 - -,~ ~ G Z GCNER:4~>GONTR;!ACT.OR 7'JC' /b'VCi/ ' iw •- TELEPHON- 3~n ~` ADDRESS ~~G b`~~` ~ • f S >~ . b t EUTAiL ` ~ L l~.-Fl~Q Z-' ..:r-r• CITY L;~-C~-1 STATE W ZIP G7~'>``,,,a 3 FAX~36~) ,g ~ 3 - Z 4 ~~ CONTRACTOR'S LICENSE #~.~,e~1;`~t.~t I¢frf>~EXp DATE~C(TY LICENSE # ODZS~D. I~ ~LU~7B1fV.G;..Gpt~;t r ACTOR T ELEPI~ONE ADDRESS EMAIL CITY STATE ZIP-. FAX CON T Rp,CTOR'S LICENSE # EXP LATE CITY LICENSE M ' 1viECHANICAL-COiV.~ RACTOR ~ TELE?HONE ~~ ~'~ ADDRESS _. ~EMA1L _ CITY `STATE ZIP FA.~C CONTRACTOR'S LICENSE ri EXP DATE__CI'fY LICENSE # Copy of mitigation agreement with Yelm Ccmmunity Schools, if applicable. thereby certify that the above information is correct and that the construction on, and the occupancy and the use of the above described propery will be in accordance with the taws, rules and regulations of the State of Washington and the City of Yeim. ~~ -~--'~ ~ ~-.~---~ `/ Sf v 8 AppEicant's Signature ~` ---_"°'..'."'_., Date Owner! Contractorl Owner's Agent! Ct~tractor's Agen~ {P[ease circle ore.) ~~~~ Alf permits are non-transferable and will expire if work authorized by siJCh permit is not begun vrithin 180 days of issuance, or if work is suspended or abandoned for a period of 180 days .1+15 Y'elm ~?t;nrur SSrest (36(JJ 4.is~-3S3.i Ycl,r:, ST'<1 95597 (•360) dS~S-311~r F.4.~~ ~., ~ ~_ ~ ~= ~_ L~ r.,wra.ci, rClrr¢.:vrc. [es Tici 2E ~~ ('~,~ i r IJ ~1 E, a I ~~;~ ~% ..i ,• 1 r _ _ _ w _ ~ _ _ _ ~ _ t ~ I I 1 ~ ~ I I I ~ I I ~ I (~ 1 v t f 1 ~ L~ f O j L.~ I ~ I I 22 I L ~ I (~ f ~ ~i ~ I ~ ~ ., r ( r , , ~ J,.j ' l ` ~ I V " ~ . I I I 1 1 I I 1 + i ~ t ~ 1 ~ 1 ~ 4JILDtNC ENY'LO?i -~'~_"---- n ~ `,J , t~' -_._----- I 1 ~ I i I I _ ------- _ J - .~, t ~ O f 1 1 ` ~'~' 1 i R) ~~; r ^- -- ul,;~,! :.:, ~ r~ i t ~~~,# t~ ~,, I I .. ~~ i ? ;~I S• ~. THE.IRSTC~N F#R~ & E#V1S Rainier Yelm Post Offrce Box 777 Yefm, Washington 98597 (360) 458-2799 /Fax {360) 4582766 April 6, 2009 IU1r. Dan Lee 42Q0 6~' Ave. Suite 301 Lacey, WA 58503 Dear fir. Lee: 3ased on our conversation today, the fallowing inforrr:afion is provided pertaining to your property located at 10756 Palisades Street, Yefm: 1• 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 potentialfor 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 Tow requirements far this particular structure are as follows: " A 3,200 square foot home {no exposures) / 3 = 1, 066 gallon per minute required fre flow far 100% involvement or, = 533 gallons per minute for 50% involvement ar, = 266.5 gallons per minute far 25% involvement which can be met with the hydrant currently located on site. = The current hydrant on site provides 500 gallons per minute, leaving an additional 566 gallons fo be provided for by a secondary source if the str,~cture is 100°lo involved. 3. The Fire Department can meet the required fre flow requirements in one of taro ways or a combination of both: " The firsf arriving S.E. Thurston engine would lay 1400' of 4" supply line from the secondary hydrant located ni%vV 5vi ~ 1,~.'i"~ :-,r~~„i~a;^^ required sire flaw ar, "" ~~ = Ar? engine /tender response {The same response we currently use for r<on 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 particular situation, the tender refill and turn around Xltit~`I ~ S. E. THURSTUN ~1RE & EMS Rainier Yefm Post O€fice Box 777 Yefm, Washington 98597 (866) 458-2799 /Fax (36C) 458-2768 time is approximately 6 minutes, allowing the tenders to deliver their wafer, refill, and return #o the scene prior to the water supply being depleted. 4. This particular parcel contains no oilier exposures. S, E. `fhurston Fire & EMS would expec# no additional construction would fake place until such tirne that tr:.e required fire flow is met. R>=COMMENaATtONS: 7. Installation of a monitored alarm system. ~. lVo additional construction on this site ar Gdjcining sites until such ti^~e adequate ire #low can be met, i€the above recommendations are met, S.E. Thurston Fire ~ EMS, supports the decision to issue an occupancy certificate prior to the operation of a purnp station for this development. Please do net hesitate to contact us at the above location, if there are additional questions, Sincerely, ~~~ ~ ~~ Mark King ~~ Deputy Chie€ -y -=~~. Rita Hutcheson Fire Chief Andrew & Cynthia Smith 15339105'fi Ave SE Yelm, V~/A 9$597 April 19, 2009 Mr. Grant E3eck Director Community rJeveiopment Department 1QS Yeim Avenue Guest Yeim, WA 98597 37ear Mr. Beck: I am writznA in response to your letter dated 14 April to Mr. Dan Lee, Triance Group, int. to which (was provided a courtesy copy. 1t is with extreme Concern and utter dismay that 1 wr(te to you fioday in response to your decision regarding the occupancyr of our new home at 10756 Palisades Street SE. The concern !have centers around your statement that tills situation is "...unfortunate that t.t. Colone(and 1V~rs. Smith are caught in a difficult position:' The decision to not issue a statement of occupancy does not just place my wife and l in a "difticttlt position" it places us in a catastrophic poslt(on. When making the decision of whether we could afford this beau:'si"ul, new, custom home, i did not factor in having to pay the mortgage payment on the new home as well as continuing to pay over $1,4~{3D in rent because i couldn't live in the new home. Put simply, my wife and f cannot financially support the situation your decision has put us in. To n-re, this represents 2 catastrophic situation as my livelihood {being a Mil"story Officryr) depends on me maintaining an exemplary fnancfal and community standing, both of which are now in jeopardy. Even if you feet no empathy far my financial situation, ! would think that the best interests o~F the City, which you should bs concerned about, would pause you to rethink your deCisian_ f da pat think that it is goad for tha city to leave a beautiful home, in a wonderful part of town, unoccupied. There have afready been instances of presumably young kids "tagging' the Gammon areas of Palisades West with swastikas (an rocks, basketball backboard, Palisades West sign} which (expAct to escalate the longer there is no permanent residence in tha. location_ An unoccupied home is an invitation to kids and irresponsible young adults to burglarize and/orvandalire and represents noton3y a tremendous liability to me, but also to the city. 8y living in acrd maintaining a presence in tflat common"sty, my -Family and l will bring that area to fife and keep it from slipping into the category of an eyesore, or worse yet, a teenage "hangout" far the City. My utter dismay~with your decision revolves around the overriding opinion provided by the Yelm Fire iepartment, which clearly allays the concerns and fears brought forth in your Fetter. WF~ila 3 ~,rnriar<tanrl thnV naP~i fnr rnnar ~t~hy pro;'^~.^,~, fh° h :°~ per: tle.4 :.t~h th° ~.~•i~aeP,t St~'.k° 1^ p. „t. . this transaction is myselFand my family, as welt as the Ye(m Fire Department. The Yelm Fire Department, in a letter not more than 2 weeks nEd, have confirmed that there are na issues with the water availabilit/and pressure in support of the lone hawse in Palisades West. 1 fully acknov~rtedge that any subsequent homes built in that comrrlunity would necessitate the requirement far a boaster pump, but the fact is that the one house in Palisades West, our "~ Mr. Grant deck April 1J, 2003 Page 2 house, does not require it. Your decision, to me, seoms !rased on rnakinn a point with the developer and/or the iJUffder and does not take into consideration current facts (as stated by the Yefm city Fire Department) or what is truly fn the ovdraii best interests of the city (quality Tomes/neighborhoods with quality families). A :e~.v comments about our builder. i have now known Mr. Dan Lee for over one year having met him in April, 2008. At the time, my wife and f had been renting a home in Yearn far almost one year and had been actively looking and discussing what kind of hams we wanted and where we would like it to be located. vJithout q uestion, the homes that Dan builds are far superior in quality and beauty to anything else being constructed in Yelm and that is what first Eed us to him (seeing the quality ofthe homes in Vintage Greens). Since that time, Dan has cant:ibsated his ideas and in same cases, his own money, La bring unique detail ahd craftsmanship to our home. He has been extraardinarifygrocious fn his dealings with us and consistently keeps us informed and involved with the building of our home. Ye[m should not only consider itself lucky, taut should be extremely proud of their son, Dan Lee; he is one of the finest people l have met in my' 47+ yea rs. A few comments about my fars~ily. In Janfsary of 2000, my wife and i alan~ with our three kids, rnovEd to Yelm and rented a house on Prairie Vista Loop for 23i years. At that time, with 10 years in the Army, we knew that nre wanted to make Ft. Lewis and Yelrn our borne after retiring from the militar,~. !n June of2007, we were fortunate enough to return to Ft. Lewis and knew immediately that we wocsld settle in Yetm; it ss a town that has grown very special to us. We have three Children that are 11t~, ~Da' and 6"' graders in the Yelm School iaistrick. Both of my sons (11~' & 1Ci~ grade} are members of the Yelm High School Band and they both startad an the Yelm JV basketball scam this past season. They both carry a 3.2+ GPA in school and my 11"' grader is the leading triple jumper in Track while my sophorrrore is the starting goalie far the Varsity Soccer Team. My wife and J are not only active members of the Yelm H'soh School Sand l;oosters but we attend every home and away basketball, track and soccer game. My sixth grader is a straight "A" student at Miil Pand elementary, plays drums and guitar and competes ,for the Prairie Soccer Ciub on the "Prairie Storm" U-z3 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 home and continue living and Contributing to the City of Yelrn. if i could ask your suppdr# on anything, ft would be to reconsider your decision and weigh the need to stress your point with the feveloper against the needs of the City in attracting, supporting and promoting beautiful homes and supportive families of this community such as mine, Thank you for your time. Sincerely, k ~ ~ ~ .Q`~ & Cynt is Smith Yelm Residents -' ~". v.. ~; ~~~ 'J .'1 'S, ~ ~ .1 ~.S ~. :~1~ ;,:: ... ~ -elf McClure, PL.lsC October l2, 2009 To: Mr. Ben Cushman& Ms. Doreen Milward Cushman Law Offices, PS 924 Capitol Way South Olympia, Washington 98501 RE: Smith Residence City of Yelm Requirements for Certificate of Occupancy Dear Ms. Milward and Mr. Cushman: PO Box 8718 Lac=_y W.A 98509-8718 Phone~360-791-4478 EmaiC mcdurepllc@comcascneC This letter is in response to your request for comments on the Ciry of Yelm's requirements for a certificate of occupancy for the Smith residence located on Lot 15, Palisades West Avenue, Yehn, Washington. Ynu have asked me to address two issues. First, the f re flow requirement for the site. Second, the plat requaement fora `sewer roll seal'. The following are my comments. Tire flnw• It 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 rivo 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 frotn the fire station which is located roughly 3 minutes away from the hoLtse. The following is from the current edition of the International Fire Code: C!,Users'~Vince`,Documents`~a -- Consulting~a -- projects`a -Legal Projects\Cushman -- Smith House in YehnlCushman -- Smith Residence, City of Yeim CO Issues, 2004-10-12.wpd Smith House City of Yclm Certificate of Occupancy Issues October 12, ?009 102.8 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 puma Yacie evtdence of comphance wrth the intent of this code ~4>;~ ~~~~ • .~e~~~~~~~~x'~ e ttf~a~.tra~`iG e r .~ ~ ~ >F e~~,,~ ~,s~, '~c'~t~tt~;s See the highlighted part of the paragraph. It is my experience that the fire code official's (usually the fire marshal or the fire chief) decisioa 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 area total of 24 house sites platted. however, only the Smith residence has been developed. The purpose of the sewer seal 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 b2 of further help, please feel free to contact me by telephone at 360-791-4478 or e-mail at mcclurepllcQa comcast. Yours sincerely, ~' ~ Vince McClure, SE, PE, PhD b4cClure, PL:L,C - Pfl~C ~ of ? - C October 12, 2009 Andrew & Cynthia Smith Public Hearing before Ye.lm 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 1 ~ in the Plat of Palisades West. Their home was completed u~ Apri! 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 perntit 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, eve 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. T'he 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 senses the public interest. For the following reasons, we believe it does. Fire Flow Issues -1•hc water booster purnp 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 & FMS -and the resulting April 6, 2009 letter from the Fire Chief and Deputy Fire Chief confirm a plan whereby even a 1 OU% involved fire can be successfully fought by using the hydrant at the site with a supply line laid to the other hydrant located al 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 vnc of the more common results. 1Tdhile it might be assumed that an occupied house has less risk of a death frvm 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 iv be installed prior to granting occupancy to the Smith house vn 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, 2009 letter 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). Tv note for the record, however, we did not actually find any conflicting regulations, since Yelm's Comprehensive Vdater Plan requires single-family homes to have 750 gpm water pressure, and the lire fighting plan devised by the Firc 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 mtderstanding 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 hvuse 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 se4ver roll seal. Liability 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 fire. 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 tv 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, ~tnd 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. Pu ose. 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. 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 FireBMS. 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. c. 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. 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. e. 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. f. 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 FireBMS. 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] 4 °~T"Ep~~ Cit o Yelm a M YELM STAFF REPORT WASHINGTON To: Mayor Ron Harding Yelm City Council From: Grant Beck, Director of Community Development Tim Peterson, Public Works Director Date: October 21, 2009 (for October 27th City Council Meeting) Subj: Palisades West Subdivision Alteration Recommendation None. Information only from the October 12, 2009, Council meeting. Background LIABILITY ISSUES WITH NOT MEETING DEPARTMENT OF HEALTH REGULATIONS FOR THE OPERATION OF A GROUP A WATER SYSTEM. As noted during the public hearing on the subdivision alteration, the Smiths cannot waive any City liability for not meeting Department of Health regulations for water service. Section 246-290-230 (5) WAC requires that: New public water systems or additions to existing systems shall be designed with the capacity to deliver the design PHD quantify of water at 30 psi (290 kPa) under PHD flow conditions measured at all existing and proposed service water meters or along property lines adjacent to mains if no meter exists, and under the condition where all equalizing storage has been depleted. The static pressure at Palisades West is 24 psi under normal conditions, not during Peak Hour Demand (PHD) and with the water tanks nearly full. The City can not waive this standard without being in jeopardy of an enforcement action by the Department of Health. As indicated at the hearing, Department of Health regulations do allow the use of booster pumps for individual services as an interim measure until system improvements are made to resolve pressure deficiencies. Individual booster pumps must be under the management and control of the purveyor, in this case the City of Yelm. Interim is not defined but is considered to be short term with plans for long term solutions to be in progress or planned within a reasonable time October 21, 2009 Page 1 of 4 frame. It is not unreasonable to expect that the Department of Health would require the City at some point in the future to remedy the situation at City expense. Dan Lee, the developer's agent and contractor for the Smiths, indicated at the hearing that he had installed an individual booster pump inside the home. This pump was placed without a permit from the City of Yelm and does not meet the standards for an exception to pressure requirements noted above. In order for the individual booster pump to be allowed under Department of Health regulations, it would have to be: • Reviewed and approved by the City of Yelm and the Washington Department of Health. Located on the public side of the water meter in the public right-of-way. • Enclosed in a heated structure. • Be provided with auxiliary power in the form of a generator. • Dedicated to the City. Individual booster pumps were explored as an option by the City in December of 2008 and were determined to be unfeasible for these reasons and for the fact that an individual booster pump would not provide required fire flows. An individual booster pump would also not solve a potential water quality issue caused by back-siphonage. A single household would not use enough water to keep the water in the main serving Palisades West fresh which could result in unsatisfactory water quality for the home owner. This situation could also cause the City increased public works staff time and resources for the purpose of water testing and main flushing for one residential home. Additionally, during a fire flow or low pressure event in another area of the City, stagnant water in the main at Palisades would be drawn back down the hill into other portions of the distribution system, potentially causing water quality issues and potentially a violation reportable to the Department of Health. The booster pump station that was originally identified through the development review process as necessary for the proposed development solves the above issues. RESPONSE TO APPLICANT'S ENGINEERING REPORT RELATED TO FIRE FLOW. As noted during the public hearing, Dr. McClure's letter is based on incorrect assumptions regarding the situation in Yelm. Dr. McClure properly quotes the International Fire Code as adopted by the City of Yelm but makes the incorrect assumption that the Fire Chief of SE Thurston Fire/EMS is the `fire code official' for the City of Yelm and has the authority to determine compliance with codes or standards. In fact, the City of Yelm contracts with SE Thurston for fire protection services but does not utilize the fire district for fire plan review or fire code compliance reviews. Gary Carlson is the City's duly appointed Building official and Fire Marshal and serves at the City's fire code official. Mr. Carlson has participated in every stage of the review of the Palisades West subdivision and the Smith building permit and has consistently October 21, 2009 Page 2 of 4 maintained that fire flows as required by the International Fire Code must be maintained in the subdivision before occupancy of any habitable structure. Mr. Carlson reviewed the letter from SE Thurston Fire/EMS submitted by the developer's agent and building contractor and determined that the district did not conclude that required fire flows were met at the site but rather provided a tactical plan for fighting a fire without the required flows. This conclusion was confirmed by the Deputy Chief of SE Thurston at a meeting between the City, the District, and the Smith's. The Deputy Chief also noted at this meeting that allowing a development with inadequate fire flow could impact the fire insurance rating throughout the City, increasing fire insurance premiums for other City residents. The static pressure in the hydrant in Palisades West subdivision is less than the required residual pressure during fire events. At 20 psi residual pressures, as required by fire codes, the hydrant provides just over half the required fire flow. The hydrant in question flows 578 gpm and the required flow is 1,000 gpm for 60 minutes without sprinklers, per Appendix A of the International Fire Code. The Yelm Development Guidelines at Section 6.030 require hydrants to provide fire flows per the IFC except that under no conditions shall a hydrant flow less than 750 gpm at 20 psi residential pressure. RESPONSE TO APPLICANT'S ENGINEERING REPORT RELATED TO SEWER SYSTEM PRESSURE SUSTAINING VALVE. Dr. McClure assumes that the Yelm sewer system is a traditional gravity system rather than a pressurized Septic Tank Effluent Pumping (STEP) system and apparently did no independent research relating to the current pressures found within the existing sewer collection system. The engineering firm Parametrix has been involved in the planning, engineering, and operation of the STEP sewer system since its initial conception. According to Parametrix, the Yelm STEP sewer system is designed to maintain a minimum pressure throughout the collection system. This design is intended primarily to maintain asingle- phase flow in the system, reducing the introduction of air to the system and thus improving system efficiency and reducing odors. The existing STEP collection is generally very flat, allowing pressure to be maintained throughout the system using a single control point located at the wastewater treatment plant. All the homes in the Palisades West development are located approximately 60 feet above the average elevation of the collection system, rendering the control point at the treatment plant ineffective in maintaining system pressure in the Palisades West system. The pressure sustaining valve was recommended by Parametrix to maintain pressure in the higher area of the collection system for the Palisades West subdivision to maintain existing pressure conditions in the system and prevent inefficient system operation and odor issues in the subdivision. CITY LIABILITY FOR NOT ISSUING OCCUPANCYAFTER BUILDING PERMIT WAS ISSUED. Brent Dille, the City Attorney, has reviewed the City's potential liability for not allowing occupancy of the home despite the issuance of a building permit that was not for a October 21, 2009 Page 3 of 4 model home. Mr. Dille's response is in the form of a memo attached to this report. Mr. Dille has also been in contact with the Association of Washington Cities, Yelm's insurance provider. It should also be noted that the approved building plans, attached to the building permit issued for the construction of the home and an official part of the permit, included a copy of the final subdivision condition relating to the booster pump station with a note which reads "No certificate of occupancy will be Issue until Booster Pump is provided." Whether Dan Lee, the developer's agent and Smith's contractor, informed his clients of this condition is unknown, but the City did provide notice that the condition applied. Finally, even if the City waived the requirement for a booster pump station by issuing a building permit to here should have been no expectation that occupancy of any structure would be granted until the sewer pressure sustaining valve was in place, as this note was also on the final subdivision. Current Situation As noted in the staff report dated October 1, 2009, the policy issue before the City Council is whether to waive a clear requirement of the International Fire Code and Department of Health Regulations and knowingly allow occupancy of a dwelling unit in which the requirements for fire flow and residential pressures cannot be met. October 21, 2009 Page 4 of 4 -, ~'. ~~: w #5 xz °_` a _. ~ ~_ 9 w;~~ ~ x ~ ~~ g`: OWE~TS DAMES FRISTOE TAYLOR & SCHULTZ, P.S. Attorneys at Law E. Robert Fristoe Don W. Tavtor Frank J. Owens Theodore D. Schultz Richard G. Phillips, Jr, Michael W. Mayberry Kirk M. Vets Matthew B. Edwards Brent F. Dille John V, Lyman Denise W. Derricott October 21, 2009 Yelm City Council City of Yelm 105 Yelm Avenue West Yelm, WA 98597 RE: Palisades West Dear Council Members: Street Address: I 1 15 West Bay Drive, Suite 302 Olympia, Washington 98502 ~'Iailing Address: P. O. Box 187 Olympia, Washington 98507 Phone (360} 943-8320 Facsimile (3G0) 943-G150 You knave asked that 1 render an opinion as to the liability of the city fur issuing the building permit and the feasibility of amending the plat approval to defer the instillation of a booster pump and roll seal. I lave met with City staff and reviewed the testimony and materials presented at the public hearing and have the following comments: The City has no liability for issuing the building permit. Dan Lee, the Smith's contractor, testified during the hearing that he was aware of the requirement of the booster pump and pressure sustaining valve ("Roll Seal") at the time he applied for the building permit. I have further leazx>ed that Mr. Lee worked with Steve Chamberlain and attended meetings with city staff to go over these requirements prior to final plat approval in 2007. Because Mr. Lee was acting as agent for the Smiths and had actual knowledge of these requirements prior to requesting the building permit, the Smiths are deemed to have the same knowledge and, therefore, cannot now claim they were misled by the city when it issued the permit. Finally the Smiths had or, with reasonable investigation, should have known of this requirement as I am certain the Smiths' title report noted this exception and were provided a cagy of the recorded plat prior to or at closu~g. Consequently, it is the Smith's contractor, Mr. Lee or the developer, Mr. Chamberlain, and not the City, who owes a duty to the Smiths. OWENS DAMES FRISTOE TAYLOR & SCHULTZ P.S. Yelm City Council October 2l, 2009 Page 2 2. Necessity for Booster Pump I fail to see how we can resolve the booster pump issue. Regardless of whether or not the Smiths can extinguish a house fire, WAC 246-290-230(5} requires that there be a minimum of 30 PSI AT THE 1~IETER. I understand that there is only 24 PSI the Smith's meter and therefore the City would be in violation of the above cited WAC. I understand the Smiths have installed their own booster pump but it is installed after the meter and, therefore, does not satisfy this specific requirement. I simply cannot recommend a solution that causes the City to run afoul of a Department of Health regulation and jeopardize its water system permit and open the City to administrative sanctions. Compliance with Roll Seal Requirement With regard to the Pressure Sustaining Valve (roll seal), in speaking with Tim Peterson, director of Public Works, the roll seal is necessary even if only one house is connected to the main line in order to prevent an over-pressuurization in the waste distribution line. The Smiths' engineer could not guarantee that there would not be an over-pressurization event. Short of a inulti- inillion dollar insurance policy issued by Lloyds of London in favor of the City for damages sustained to other residents, the Smiths' personal waiver of liability and indemnification is frankly, cold comfort. I empathize with the SmitlLS. They seem like nice folks who were misled by Steve Chamberlain or their builder. Unfortunately, for the reasons set forth above, I cannot recommend the City allow the plat amendment as requested. Very truly yours, OWENS DAVIES F E TAYL R & SCI~~ TZ, P.S. Brent F. Dille BFD/so N;\8FD1YelmtPalisades West\Cuuncil Lxr 162009 rev BFD.doc EXHIBIT M CITY OF YELM RESOLUTION NUMBER 5OH SUBDIVISION ALTERATION OF THE PALISADES WEST SUBDIVISION WHEREAS, on September 26, 2006, the Hearing Examiner for the City of Yelm issued his decision (hereinafter the °Preliminary Plat Approval") granting preliminary plat approval for Forester Heights Phase I, subject to certain conditions included in his decision; and WHEREAS, the Preliminary Plat Approval required the applicant, SCA Consulting Group and FH1, LLC to install a booster pump to provide both fire flow and domestic water pressure (No. 11, p. 4); and WHEREAS, the Preliminary Plat Approval required the applicant to submit a fire hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans prior to final plat approval, to submit fire flow calculations for all existing and proposed hydrants; and WHEREAS, there was no appeal of the Preliminary Plat Approval; and WHEREAS, on June 28, 2007, Steven Chamberlain, Managing Member of FH1, LLC, owner of the property, wrote to the City of Yelm, stating that "FHI, LLC has met all other conditions of final plat and will design and bond for the booster station. We will not apply for any occupancy permits to any homes in the subdivision until the booster station has been approved and accepted by the City;" and WHEREAS, on June 29, 2007, Steven Chamberlain, Managing Member of FH1, LLC, owner of the property, signed a Warranty Agreement which required FH1 to construct the improvements required by Preliminary Plat Approval within one year; and WHEREAS, in November of 2007, the property owner applied for final plat approval, and on December 11, 2007, the Yelm City Council approved the final plat, ("hereinafter referred to as "Final Plat Approval) subject to/conditioned on the warranty agreement by Steven Chamberlain, as well as the following additional 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 Ye1m standards, provide 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 FirelEMS. 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. {Final Plat Approval, p. 1); and WHEREAS, the City's Final Plat Approval was not appealed; and WHEREAS, the final plat was recorded with the Thurston County Auditor's office on February 12, 2008; and WHEREAS, on September 5, 2008, Dan Lee of Triance Group, Inc. applied for a building permit for a single family home located at 10756 Palisades Street S.E. in the plat; and WHEREAS, in the building permit application, Mr. Lee certified that the home would be constructed in accordance with all applicable laws and approvals granted by the City; and WHEREAS, the Yelm Building Official Gary Carlson, confirmed with Dan Lee of Triance Homes during the building permit review process that a certificate of occupancy would not issue for the single family home until both conditions noted on the recorded subdivision were satisfied; and WHEREAS, the building plans approved for the home included the plan reviewer's statement that a certi>icate of occupancy would not be issued unless the booster pump station and pressure sustaining valve were installed; and WHEREAS, on December 23, 2008, the City sent a letter to Steve Chamberlain, reminding him of the need for the installation of the water booster pump station prior to issuance of a certificate of occupancy for 10756 Palisades Street S.E.; and WHEREAS, while the building permit application showed that the single family home at 10756 Palisades Street S.E. was being built for Andrew and Cynthia Smith, the City assumed the agreement between the Smiths and the developer was consistent with the law and the approvals. In other words, the City assumed that the Smiths were aware, from a title search and examination of the property that would have been performed as part of any purchase and sale agreement, that the developer was required to install certain improvements associated with the plat; and WHEREAS, the developer did not install all of the improvements associated with the plat, and all property (with the exception of the Smith's property), went into foreclosure; and WHEREAS, on August 24, 2009, Andrew and Cynthia Smith submitted an application to the City for a plat amendment, to alter the conditions identified above as to their lot {Lot 15}; and WHEREAS, the City Council conducted a duly advertised open record public hearing on the plat alteration application on October 13, 2009, and WHEREAS, at the outset of the October 13"' hearing, the Mayor asked the Council if any member wished to disqualify himself on appearance of fairness or conflict of interest grounds and there were no disqualifications. The Mayor also asked whether any member of the audience wished to challenge any Councilmember on appearance of fairness or conflict of interest grounds. There was no response from the audience, and WHEREAS, the following documents were entered into the record for the Open Record Hearing or submitted at the request of the City Council after the close of the hearing on the plat alteration application: 1. Staff Report dated October 1, 2009, from Grant Beck, Community Development Director and Tim Peterson, Public Works Director to the Yelm City Council, including the following Attachments and Exhibits. Attachment 1 -Letter from Grant Beck to Steve Chamberlain of FH1, LLC, dated December 23, 2008. Attachment 2 -Letter from Dan Lee of Triance Homes to Grant Beck, dated April 7, 2009, including the following documents attached to the letter Letter from Steve Chamberlain of FH1, LLC to Dan Lee of Triance Homes, dated April 7, 2009. Letter from Chief Rita Hutcheson and Deputy Chief Mark King of SE Thurston Fire & EMS to Dan Lee dated April 6, 2009. Attachment 3 -Letter from Grant Beck to Dan Lee of Triance Group, LLC, dated April 14, 2009. Attachment 4 -Final Subdivision of Palisades West as recorded under Auditor's File Number 3988607 on February 12, 2008. Attachment 5 -Plat Amendment Application received August 25, 2009. Attachment 6 -Letter from Ben Cushman to Grant Beck dated August 21, 2009, including the following documents attached to the letter First page of Final Subdivision of Palisades West as recorded under Auditor's File Number 3988607 on February 12, 2008. Copy of Section 58.17.215 RCW. Copy of Yelm City Council Minutes of Regular Meeting on Tuesday December 11, 2007. Residential Building Permit Application far Lot 15 of Palisades West received September 5, 2009. Letter from Chief Rita Hutcheson and Deputy Chief Mark King of SE Thurston Fire & EMS to Dan Lee dated Apri16, 2009. Letter from Andrew and Cynthia Smith to Grant Beck, dated April 19, 2009. 2. Letter from Vince McClure, P.E. submitted by Ben Cushman at the open record hearing before the City Council on October 13, 2009, dated October 12, 2009. 3. Statement of Ben Cushman at the open record hearing before the City Council on October 13, 2009, dated October 13, 2009. 4. Agreement as to Waiver and Release in Exchange for Occupancy prepared by Ben Cushman for the October 13, 2009, open record hearing before City Council. 5. Staff Report dated October 21, 2009 from Grant Beck and Tim Peterson to the City Council, ,including the following Attachments: Sheet 1 of the Building Plans approved September 11, 2008, by John Rowland, Yelm Building Inspector, Letter from Brent Dille, Owens Davies Fristoe Taylor and Shultz and Yelm City Attorney to the City Council dated October 21, 2009. 6. Staff Report dated October 30, 2009, from Brent Dille, Grant Beck, and Tim Peterson to the Yelm City Council. 7. Staff Report dated November 24, 2009, from Brent Dille, Grant Beck, and Tim Peterson to the Yelm City Council. 8. Letter from Ben Cushman to the Yelm City Council dated February 9, 2010. 9. Letter from Carol Morris to Ben Cushman dated January 11, 2010. 10. Brief of Ben Cushman on legal issues to the Yelm City Council dated February 16, 2010. 11. Brief of Carol Morris on legal issues to the Yelm City Council dated February 16, 2010. 12. Letter from Ben Cushman to the Yelm City Council dated February 19, 2010. 13. Letter from Carol Morris to Yelm City Council dated February 21, 2010. WHEREAS, the following witnesses testified at the hearing or answered specific questions from the City Council after the close of the public hearing on the plat alteration application: Grant Beck, Yelm Community Development Director Andrew Smith Ben Cushman Vince McClure, P.E. Brent Dille, Yelm City Attorney Tim Peterson, Yelm Public Works Director WHEREAS, the Yelm City Council may approve an alteration of a subdivision under Section 16.36.010 Yelm Municipal Code, which requires compliance with RCW 58.17.215, and WHEREAS, the Council also considered the following cases in deciding the question of whether the proposed plat alteration should be approved: Hilltop Terrace Homeowners' Assn. v. Island County, 126 Wn.2d 22, 30-31, 891 P.2d 29 (1995}; West Coast v. Snohomish County, 104 Wn. App. 735, 16 P.3d 30 (2000); and HJS Development, Inc. v. Pierce County 148, Wn.2d 451 P.3d 1141 (2003) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yelm that the following findings and conclusions be adopted in the matter of a subdivision alteration for the Palisades West subdivision, as recorded under Auditor's File Number 3988607. Findings of Fact A. The requirement for the developer to construct a water booster pump was included in the Preliminary Plat Approval and the Final Plat Approval, and the requirement for a sewer pressure-sustaining valve was included in the civil engineering plan approvals. B. The Hearing Examiner could not approve the preliminary plat of Forrester Heights (now Palisades West) unless he made a determination that the application made adequate provision for potable water, fire flow and sanitary sewage. The Hearing Examiner premised his plat approval on the developer's construction of a water booster pump and the required sewer infrastructure to provide a safe connection to the City's sewer system. C. There was no appeal of the Hearing Examiner's decision on the preliminary plat, and it therefore became final. D. After preliminary plat approval, the developer asked for final plat approval, even though the developer had not constructed the improvements required by the Hearing Examiner. E. The City Council decided to grant final plat approval based on the developer's assurances that it would construct the necessary improvements, with additional conditions on the final plat. F. The final plat approval was not appealed and became final. G. The developer applied for a building permit for 10756 Palisades Street S.E. While the permit was being processed, the City Building Official verbally discussed the final plat conditions with Dan Lee from Triance Homes (the building permit applicant), again informing him that the building permit was specifically limited to a model home. The Plan Reviewer for the City also copied the conditions relating to a booster pump station and pressure sustaining valve on the face of the plans and wrote "No certificate of occupancy will be issue until Booster Pump is provided across the face of the approved building plans for the home. H. The developer sold 10756 Palisades Street S.E. to Andrew and Cynthia Smith. Andrew and Cynthia Smith have applied for a plat alteration to remove the final plat conditions from the plat relating to the booster pump and sewer roll seal as to their house. The Smiths believe that this should allow the City to issue an occupancy permit so that they can move into their home. J. Because the conditions of the preliminary plat and final plat were not appealed and are final, the Smiths cannot now challenge any of these conditions. Instead, the Smiths have submitted a proposal for an interim water booster pump as authorized by Section 246-290-230(5) WAC, which would provide 30 psi of water pressure to the house. The fire flow requirement in the Intemational Fire Code is 1,000 gallons per minute for one hour. Finally, the Smiths have offered to sign an agreement which their attorney believes will release the City from any liability associated with the plat amendment. This release is dated September 24, 2009, and is identified as No. 4 in the list of exhibits above. K. Evidence was submitted to the Council showing that the preliminary and final plat condition relating to a water booster pump station is needed to provide fire flows as required by the International Fire Code and domestic water pressures as required by Section 246-290-230(5) WAC. This fire flow requirement in the International Fire Code is 1,000 gallons per minute for one hour. Evidence was submitted to the Council showing that the preliminary and final plat condition relating to apressure-sustaining valve (roll seal) is needed to prevent dangerous gases from escaping the sewer system from a blow off valve within Palisades West. Conclusions of Law "The City Council may determine the public use and interest in the proposed alteration and may deny or approve the afteration." RCW 58.17.215. 2. The Smiths argue that the public use and interest is satisfied by their proposal to provide 30 psi of water pressure to their home. However, this does not meet the International Fire Code requirements for fire flow. The Smiths have only shown that it is in their interest, not the public use and interest, to allow a lesser standard to apply for the fire flow to their home. 3. The Smiths argue that the public use and interest is satisfied by their release, which their attorney believes will ensure that the City has no liability associated with the plat alteration which allows a lesser fire flow standard to the Smith home. However, the Smiths have only shown that it is in their interest, not the public use and interest, for the City to ignore this Fire Code requirement. 4. The City Council finds that if it were to grant the Smith's plat alteration request, based on the Smith's proposed conditions, it would not meet the public use and interest. There are many ways in which other members of the public would be harmed by the City's agreement to the plat amendment. For example, the Smiths could go on vacation and hire a house sitter, who is injured or killed in a fire that is exacerbated by the lack of the required fire flow. Or, the Smiths could sell their house after the plat amendment is granted, and the new owners of the house could be injured or killed in a fire that is exacerbated by the lack of the required fire flow. In both of these situations, the City would not be "released" from liability, because the "release" agreement (if it were enforceable) only applies to the Smiths. Further, if the City were to grant the Smith's alteration request, the new owner of the property could either submit the same type of plat alteration application or sell the property to other individuals who would make the same type of plat alteration application to the City. Because these individuals would argue that they were "similarly situated" as the Smiths, they would demand approval of their applications, and many homes could be constructed in the plat without the fire flow required by the preliminary, final plat approvals and the Intemational Fire Code. 5. Under applicable case law and the doctrine of res judicata, the Council also finds that the plat alteration application must be denied. Under Hilltop Terrace Homeowners' Assn v. Island County, 126 Wn.2d 22, 30-31, 891 P.2d 29 (1995), "a second application may be considered if there is a substantial change in circumstances relevant to the application or a substantial change in the application itself." Here, the Smiths have not shown that this standard has been met. The only change that has occurred here is that the developer did not construct the improvements required by the plat approvals, and sold a lot to the Smiths, apparently with some representation that they could occupy the home before the improvements were constructed. The Smiths are now attempting to find a way to extricate their individual lot from compliance with the plat conditions. 6. In addition, the fact that all of the approvals associated with the Smiths' home precludes any plat amendment to remove a plat condition. Here, there was no appeal of the preliminary or final plat. The Smiths also did not appeal the building permit for their home, which specifically was conditioned on construction of the improvements (as stated in the preliminary plat conditions, final plat conditions and building permit plans). Therefore, all owners of the property in the Palisades West plat "must be required to live up to what is tantamount to a contractual obligation." West Coast v. Snohomish County, 104 Wn.App. 735, 16 P.3d 30 (2000}. 7. The Smiths have argued that the holding of West Coast doesn't apply because the developer in that case asked to eliminate a condition of preliminary plat approval, not final plat approval. However, the Smiths are asking the City to eliminate a condition of plat approval (as to their lot) that was modified slightly at final plat. The criteria for approval of a plat alteration are almost exactly the same as the criteria for a preliminary plat, so a "second application," whether it is an application for a preliminary plat amendment or a final plat amendment, must meet the Hilltop standard. 8. The application is denied as it is not the kind of'alteration' contemplated by RCW 58.17.215. The language of RCW 58.17.215 appears to address only the drawin of the subdivision, not the conditions. 9. The Smiths have not shown that the criteria for approval of the plat amendment have been satisfied. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Ye1m in consideration of the above adopted findings and conclusions, the subdivision alteration application submitted by the Smiths for the Palisades West subdivision, as recorded under Auditor's File Number 3988607 is hereby denied. ADOPTED this 23`~ day of M h, 2010. .~' 1 n U Ron H rding, M(~yor r` ATTEST: Janine hnepf, City CI ric