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HomeMy WebLinkAboutR-2017-089 Anderson Estates; Preliminary PlatA RESOLUTION RESOLUTION NO. R-2017-089 approving the Preliminary Long Plat of Anderson Estates, a thirty five -lot subdivision, located in the vicinity of S 64th Ave and Occidental Ave WHEREAS, on March 23, 2017, the Hearing Examiner held an open -record public hearing to consider the application for a Preliminary Long Plat known as "Anderson Estates", submitted by Cottonwood Partners, LLC (PLP#003-16, SEPA#011-16, and SEPA ADDENDUM#003-17), and WHEREAS, the hearing was continued to April 13, 2017 to and concluded on May 11, 2017 for parties to address wastewater concerns, and WHEREAS, on May 25, 2017, the Hearing Examiner issued his Recommendation for approval of the proposed plat, subject to conditions, and WHEREAS, the proposed application conforms to the City of Yakima Zoning Ordinance, Subdivision Ordinance, Development Standards Ordinance, Traffic Concurrency Ordinance, and other applicable land use regulations; and WHEREAS, ata Closed Record Public Hearing on July 11, 2017, after notice duly given according to the requirements of the Yakima Municipal Code, the Yakima City Council adopted the Hearing Examiner's Recommendation, and WHEREAS, the City of Yakima has complied with the substantive, procedural, and notice requirements associated with SEPA, the Growth Management Act, and the Yakima Municipal Code for the purpose of reviewing the application, and WHEREAS, the Yakima City Council finds that it is in the best interest of the City of Yakima to pass the following, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into this resolution Section 2. Incorporation of the Hearing Examiner's Recommendation and Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted and ratified by the Yakima City Council as its conditional decision and approval of the Application herein A copy of the Recommendation is attached hereto as Exhibit "A" and fully incorporated herein by this reference Section 3. Findings. The Yakima City Council adopts the findings of the Hearing Examiner as its own findings herein, and further finds that the requirements of RCW § 58 17 110 have been met. Section 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this resolution. ADOPTED BY THE CITY COUNCIL this 11th day of July, 2017 Exhibit "A" CITY OF YAKIMA, WASHINGTON HEARING EXAMINER'S RECOMMENDATION May 25, 2017 In the Matter of a Preliminary Long Plat Application Submitted by: Cottonwood Partners, LLC For a 35 -Lot Single -Family Preliminary Long Plat to be Located in the Vicinity of South 64th Avenue and Occidental Avenue And to be Known as "Anderson Estates" ) ) ) ) PLP#003-16 ) SEPA#011-16 )SEPA ADDENDUM #003-17 A. Introduction. The preliminary findings relative to the hearing process for this matter are as follows: (1) The Hearing Examiner conducted an open record public hearing which commenced on March 23, 2017, and which was continued until April 13, 2017, and which was concluded on May 11, 2017. (2) The Planning Division staff report which recommended approval of this preliminary long plat subject to enumerated conditions was presented on March 23 by Senior Planner Jeff Peters. Mike Heit of HLA Engineering and Land Surveying, Inc. and the applicant's attorney, James Carmody of Meyer, Fluegge & Tenney, P.S., presented testimony in favor of the proposed preliminary plat without the City's recommended requirements for a gravity flow mainline sewer extension eastward from the plat and for a cul-de-sac at the east end of Road B of the plat. City Wastewater Division Manager Mike Price testified in favor of the requirement for a gravity flow mainline sewer extension eastward from the plat. Adjacent property owners east of the proposed plat, Linda Curlee and Paula Moore, asked questions about the proposed cul-de-sac at the east end of Occidental Avenue and about a homeowners association for the development south of Occidental Avenue which were answered at the hearing. (3) In order to allow time for interested persons to consider the Memorandum of Cottonwood Partners presented at the hearing by Mr. Carmody and for the parties to further discuss the issues presented thereby, the hearing was continued until April 13, 2017. On April 13, Senior Planner Jeff Peters testified that the parties had met, but needed more time to discuss an acceptable manner of sewage disposal for the plat and for the adjacent development. Adjacent property owner Linda Curlee asked questions about the applicant's proposed lift station which were answered. The applicant's attorney James Carmody agreed that the matter should be continued until May 11. (4) On May 11, 2017, Planning Manager Joseph Calhoun read into the record the agreed condition as to sewage disposal which is attached to this recommendation as Exhibit B. James Carmody indicated that the applicant and the City agree that the provisions of Exhibit B should be adopted as an agreed condition of the preliminary plat. Mike Heit testified that road improvements on Road B of the preliminary plat should include a cul-de-sac or turnaround acceptable to the City Engineer. Linda Curlee asked questions about the lift station and the timing of street construction which were answered by Mr. Heit. Nearby property owner Scott Wilson was critical of a road ditch along South 66th Avenue in the county adjacent to his property, but it was pointed out that the proposed streets for this development will have curbs and gutters rather than road ditches. (5) This recommendation has been issued within ten business days of the conclusion of the hearing on May 11, 2017. B. Summary of Recommendation. The Hearing Examiner recommends approval of this preliminary plat subject to conditions. C. Basis for Recommendation. Based on a view of the site with no one else present on March 22, 2017; the staff report, exhibits, testimony and other evidence presented at the open record public hearing which was commenced on March 23, 2017, and was continued until April 13, 2017, and was concluded on May 11, 2017; and a consideration of the applicable subdivision requirements, development standards and consistency criteria; the Hearing Examiner makes the following: FINDINGS I. Applicant/Property Owner. The applicant/property owner is Cottonwood Partners, LLC, P.O. Box 8335, Yakima, WA 98908. The representatives of the applicant/property owner for this proposal are Michael Heit of HLA Engineering and Land Surveying, Inc., 2803 River Road, Yakima, WA 98902 and James Carmody of Meyer, Fluegge & Tenney, P.S., 230 South Second Street, P.O. Box 22680, Yakima, WA 98907. II. Location. The location of the proposed preliminary plat is on the north side of Occidental Avenue east of South 64th Avenue. It is proposed to be located on Yakima County Assessor's Parcel Number 181333-33038. III. Application. This application is for a preliminary plat to develop about 8.27 acres of Single -Family Residential (R -1) -zoned property into a 35 -lot single-family residential subdivision over the course of two phases. The proposed lots will range in size from approximately 6,748 square feet to about 11,289 square feet. The history of the appli-cation process to this point may be summarized as follows: (1) The applications for a Preliminary Long Plat and for a development on adjacent property to the south were received on April 22, 2016. (2) On May 24, 2016, the applicant's applications were determined to be incomplete due to missing information. (3) On June 13, 2016, the requested information was received, the applicant's application was determined complete for processing by the Planning Division, and additional information was requested in the form of a traffic study. (4) A combined Notice of Application and Environmental Review for the Preliminary Short Plat (PSP#003-16), Preliminary Long Plat (PLP#003-16), Class 1 Review (CL 1 #028-16), Critical Area Ordinance Review (CAO#001-16) and State Environmental Policy Act Review (SEPA#011-16) was mailed on August 3, 2016 to the applicant and adjoining property owners within a 300 -foot radius of the subject properties requesting comments on the proposed applications. The 20 - day public comment period for these applications ended on August 23, 2016, with four comments being submitted. (5) On September 30, 2016, the Planning Division requested additional infor-mation in the form of revised plat maps showing the location of the Federal Emergency Management Agency (FEMA) 100 -year floodplain. (6) On October 5, 2016, the applicant submitted the revised plat maps showing the location of the FEMA 100 -year floodplain. (7) On November 14, 2016, the applicant submitted the requested traffic study. (8) Environmental and Critical Area Review for the proposed plat was conducted from August 3, 2016 to January 6, 2017. This recommendation involves only the application for the 35 -lot preliminary long plat and the environmental review for said preliminary long plat. IV. Jurisdiction. Sections 1.43.080 and 14.20.100 of the Yakima Municipal Code (YMC) provide that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council which shall include findings and conclusions based on the record relative to the subdivision criteria listed in YMC §14.20.100 and in RCW Chapter 58.17. V. Notices. Public notices were provided in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima Municipal Code (YMC). They include the following: Notice of Application and Environmental Review: August 3, 2016 Mailing of Notice of SEPA MDNS: December 23, 2016 Mailing of Notice of Addendum to SEPA MDNS: February 14, 2017 Mailing of Notice of Public Hearing: February 16, 2017 Publishing of Notice of Public Hearing: February 16, 2017 Posting of Land Use Action Sign on the Property: February 27, 2017 VI. Zoning and Land Use. The subject property is zoned Single -Family Residential (R-1). The main purpose of the Yakima Urban Area Zoning Ordinance (UAZO) in Title 15 of the Yakima Municipal Code (YMC) is to implement the Yakima Urban Area Comprehensive Plan and promote the general health, safety and welfare of the present and future inhabitants of the Yakima Urban Area. YMC §15.03.020(B) states that the purpose and intent of the R-1 zoning district is to: (1) Establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of this district, which may include duplexes and zero lot lines if established during the sub -division process; (2) Preserve existing residential neighborhoods for detached single-family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; and (3) Locate moderate -density residential development, up to seven dwelling units per net residential acre, in areas served by a public water and sewer system. (4) Detached single-family dwellings are the primary use in this district. The district is characterized by up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and one and two-story structures. The density in the district is generally seven dwelling units per net residential acre or less. (5) This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses within these zones are not allowed except for public or quasi -public uses, which will be required to undergo extensive public review and will have all necessary performance or design standards assigned to them as necessary to mitigate potential impacts to adjacent residences. (6) Development exceeding seven dwelling units per net residential acre may be allowed in accordance with YMC Table 4-1. VII. Environmental Review. The SEPA Responsible Official issued a Mitigated Determination of Nonsignificance (MDNS) on December 23, 2016, which contained nine conditions of approval. The applicant's revised traffic study was submitted on November 14, 2016, and the applicant's revised SEPA Checklist was submitted on January 25, 2017. In response to the submitted documents, the City issued a SEPA Addendum (SEPA#003-17) amending conditions #8 and #9 of the SEPA MDNS (SEPA#011-16) to address minor changes in the Traffic Impact Analysis for the two developments and allowing for grading and filling of 7,000 cubic yards to be located outside of the 100 -year floodplain. The final SEPA MDNS as amended by the Addendum dated February 8, 2017, contains the following nine mitigation measures: 1. All site-specific impacts for installation of utilities, frontage improvements, dust control, and stormwater facilities are sufficiently addressed and/or mitigated through the implementation of the City of Yakima's development standards. Compliance with all development standards are either required as a condition of approval as a part of the applicant's land use review, building permit approval, Preliminary Short Plat Decision (PSP#003-16), or Preliminary Long Plat decision (PLP#003-16). 2. Prior to any site grading or construction upon either plat: a) The applicant shall submit revised wastewater plans for review and approval by the Wastewater Division Manager and City Engineer, which serve the two developments with sewer in accordance with YMC Ch. 12.03, and the City of Yakima's Wastewater Collection System Master Plan. b) The applicant shall submit and gain approval from the City of Yakima Engineer and Nob Hill Water Association for sewer and water plans which are in compliance with YMC § 15.27.407, and are designed to minimize or eliminate infiltration of floodwaters into the systems. c) The applicant shall submit development plans to the City of Yakima Planning and Code Administration Division for review and approval which take into account all encroachments, fill, new construction, and all other development that is provided by a registered professional engineer which demonstrates through hydrologic and hydraulic analysis that all floodplain encroachments will not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce carrying capacity of the floodway, or increase flood levels during the occurrence of the base flood discharge in accordance with YMC §15.27.411. 3. Prior to issuance of the Preliminary Short Plat Decision (PSP#003-16), the applicant shall submit a revised Preliminary Short Plat to the City of Yakima Planning Division relocating all buildings outside of the FEMA floodway in accordance with YMC §15.27.411(D) & 412 (E). 4. All construction within the subject plats shall meet the floodplain development standards of YMC § 15.27.408 (A) and receive an individual floodplain elevation certificate. 5. All roads shall be constructed in accordance with YMC §15.27.515. 6. All utilities shall be installed in accordance with YMC § 15.27.407. 7. All permits required by the Yakima Regional Clean Air Authority shall be obtained and a copy provided to the City of Yakima Code Administration prior to commencement of site preparation for both plats. 8. This MDNS authorizes the applicant to construct any combination of single -family or multi-family dwelling units of PLP#003-16, and PSP#003-16 up to a total of 75 dwelling units with no more than 35 single -family dwelling units without improvement to the intersection of Occidental Rd. and S. 64th Ave. 9. Prior to construction of over 75 dwelling units: A. The applicant shall submit plans for review and approval to the City of Yakima Engineer for an intersection improvement such as a signal or roundabout at the S. 64th Ave./Occidental Rd. intersection which comply with YMC Title 12 and 15.27 Part Four. B. All intersection and street frontage improvements for City PSP#003-16 and PLP#003-16 shall be constructed and inspected in accordance [with] YMC Title 12 and 15.27 Part Four. VIII. Transportation Concurrency Ordinance. This application was reviewed and approved for consistency with the YMC 12.08 Transportation Capacity Management Ordinance on December 21, 2016. The Traffic Impact Study for this application found that the full buildout of this development would result in a Level of Service (LOS) F at the intersection of South 64th Avenue and Occidental Avenue, which exceeds the City's minimum LOS D. Further analysis showed that construction of any combination of single-family or multi -family dwelling units of PLP#003-16 and PSP#003-16 up to a total of 75 dwelling units with no more than 35 single-family dwelling units can be constructed while still maintaining a Level of Service D at the South 64th Avenue and Occidental Avenue intersection. Prior to construction of more than 75 dwelling units, the intersection of South 64th Avenue and Occidental Avenue must be improved by the construction of a traffic signal or roundabout. (February 8, 2017 Addendum to SEPA#011-16 MDNS per SEPA#003-17). Funding for the intersection improvements shall be borne by the developer. IX. Development Services Team. The following comments were submitted by the Development Services Team which met on May 10, 2016 and June 7, 2016, and by other public agencies and one nearby property owner who submitted written comments during the comment period for this proposal: (1) Code Administration: Code Administration comments may be summarized as follows: (a) Minimally, fire hydrants are required at 500 -foot intervals, or as per the required fire flow for any proposed structures per the applicable International Fire Code. (b) Preliminary addressing will be as set forth in Exhibit A to this recommendation. (2) Engineering: Engineering comments relative to this proposed preliminary plat were to the effect that TMC Title 12 improvements and other improvements, including but not limited to the following, are required: (a) 8.67 and 12.05 — New curb, gutter and sidewalk required within new development. Street section shall conform to standard detail R3. New sidewalks shall be constructed per standard detail R5. 7' sidewalks are required for Occidental Rd. (Minor Arterial). Note: Proposed Road `B' may not be allowed to connect to S. 64th Ave. if extended at same alignment due to close proximity to intersection of Occidental and S. 64th Ave. (b) 8.64 — Driveways to be constructed per this chapter and standard detail R4. (c) 8.72 — An excavation and street break permit shall be obtained for all work within the public right of way. Refer to chapter 8 for requirements. Roads less than five years old can be cut, but will cost one hundred fifty percent of restoration fee with no PCI discount. (d) 12.02 — Easements will need to be established per this chapter. (e) 12.06.050 — Phased developments or temporary dead-end streets shall provide for adequate temporary turnarounds between project phases or future street extension. The design shall provide for continuation of the full right-of-way width to the property boundary. (f) 12.06 — Street and right of way widths shall conform to this section unless otherwise approved. 50' of right of way is required for the residential new streets. Occidental Rd. is classified as a Minor Arterial, requiring a total of 80' of right of way. (g) 12.06.080 Street lighting — A street light shall be installed at each street intersection and at mid -block if the block exceeds five hundred feet in length. Street lights shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city. (h) All frontage improvements shall be completed prior to Certificate of Occupancy. Civil engineering plans for public improvements shall be approved prior to issuance of building permits. (3) Wastewater: All proposed public sewer is to be gravity flow to South 64' Avenue and/or to 52nd Avenue per 2013 Collections Master Plan. (This comment was subsequently superseded by the temporary lift station condition agreed to between City representatives and the applicant attached hereto as Exhibit B). (4) Stormwater: Minimally, all stormwater shall be retained on site. Specific retention goals and methods will be commented on when the parcels become developed and civil plans are submitted. (5) Ahtanum Irrigation District: The Hugh Bowman Ditch crosses the proposed short plat property south of this proposed preliminary plat which is zoned and planned for apartments. The 100 -year flood plain is within the same property to the south. Additional traffic of the entire development on the property to the south of the proposed preliminary plat could overwhelm the roads in the area. (6) Department of Ecology: The Washington State Department of Ecology comments may be summarized as follows: (a) Based on the historical agricultural use of this land, it is possible that soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead, arsenic and organochlorine pesticides. If these contaminants are found at concentrations above the Model Toxics Control Act cleanup levels, Ecology recommends that potential buyers be notified of their occurrence. (b) An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that a SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) be prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. (7) Yakima Regional Clean Air Agency (YRCAA): YRCAA comments may be summarized as follows: (a) Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition, and notification for the demolition must be filed with the YRCAA. (b) Contractors doing clearing, grading, paving, construction or land- scaping work must file a dust control plan with Yakima Regional Clean Air Agency. (c) The proponent/developer must address the air emission impact from the development to the end that the National Ambient Air Standards are not violated. (d) Burning is prohibited at all times during land clearing. (e) Roads shall be maintained at all times to prevent offsite dust transport. (8) Nearby Property Owner: Nearby property owner JoAnn Houfek who lives on the corner of South 64th Avenue and Occidental Avenue expressed concern about the safety of that intersection if the property south of the proposed single- family preliminary plat is developed for apartments and indicated that apartment buildings will be out of place in the area. X. Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the Hearing Examiner shall review a proposed preliminary plat during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: (1) Subsection 14.20.100(A)(1) -- Consistency with the provisions of the City's Urban Area Zoning Ordinance. A determination of consistency with the provisions of the City's Urban Area Zoning Ordinance involves a consideration of the following provisions of Title 15 of the Yakima Municipal Code (YMC): (a) Consistency with the Intent of the Single -Family Residential (R- 1) Zoning District: YMC §15.03.020(B) indicates that the intent of the R-1 zoning district is primarily to allow single-family residential development of a density up to 7 dwelling units per net residential acre in areas served with both public water service and a public sewer system. The preliminary plat is consistent with the intent of the R-1 zoning district. (b) Consistency with Development Standards of the Single -Family Residential (R-1) Zoning District: YMC Chapter 15.05 is designed to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote the public health, safety and welfare. The proposed development meets the requirements of this chapter as follows: (i) Minimum Lot Size and Width: The lots ranging in size from 6,748 square feet to 11,289 square feet will meet the minimum 6,000 - square -foot lot size requirement and the minimum 50 -foot lot width requirement for the R-1 zoning district prescribed by YMC Table 5-2 of YMC Chapter 15.05. (ii) Maximum Lot Coverage: The maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. In the R-1 zoning district, the maximum lot coverage is 60%. All lots within the proposed preliminary plat have sufficient lot area to comply with this development standard. (iii) Structure Setbacks: In the residential zoning districts, structure setbacks are intended to provide light, air and emergency access. All lots in the proposed preliminary plat have sufficient area to meet the setback requirements specified by YMC Table 5-1 in YMC Chapter 15.05. (iv) Maximum Building Height: The maximum building height in the R-1 zoning district is 35 feet (YMC Chapter 15.05, Table 5-1). Building heights will not exceed that height. (v) Residential Accessory Structures: Residential accessory struc-tures are allowed upon all lots of record provided they meet the provisions of YMC §15.05.020(E). (vi) Fencing. Fencing upon and behind property lines is allowed in accordance with YMC §15.05.020(G). (vii) Access: All lots will have 20 feet of frontage upon a public street in accordance with YMC §15.05.020(H). (viii) Sidewalk: The proposed preliminary plat shows that curb, gutter and sidewalk will be constructed along all street frontages in accordance with YMC §15.05.020(J). (ix) Density: The proposed preliminary plat dividing 8.27 acres into 35 lots will have a density of 4.2 dwelling units per net residential acre and of 5.31 dwelling units per net residential acre with streets not included. These densities comply with YMC §15.05.030(B) and YMC Table 4-1 of YMC Chapter 15.04 which prescribe a maximum of 7 dwelling units per net residential acre in the R-1 zoning district. (x) Street Right -of -Way: The subject property has street frontage on Occidental Avenue which is classified as a Collector Arterial street in accordance with Table 2 and Map 5A of the West Valley Neighborhood Plan and which requires a total street width of 60 feet of dedicated right-of-way. Roads "A," "B" and "C" are all internal streets which are classified as Neighborhood Collector streets by the City of Yakima's Transportation Plan and which require a total street width of 50 feet of dedicated right-of-way. The proposed preliminary plat complies with this standard by showing street right- of-way widths of 60 feet for Occidental Avenue and of 50 feet for all Neighborhood Collector streets. (2) Subsection 14.20.100(A)(2) -- Consistency with the provisions of the Comprehensive Plan. The Future Land Use Map III -3 of the 2025 Yakima Urban Area Comprehensive Plan designates the property within the proposed preliminary plat as suitable for Low Density Residential development which is defined as primarily free-standing single-family residences located at a density of up to 7 dwelling units per acre. Specifically, the proposed preliminary plat is consistent with the following Goals and Policies of the City's Comprehensive Plan: (a) Goal 3.1 which is to provide for a broad distribution of housing in Yakima that meets the affordability and neighborhood design needs of the public. (b) Policy 3.1.1.4 which provides that development shall be located along Arterials or Collector streets and should have good access to public transit. (c) Goal 3.2 which is to build sustainable new neighborhoods. (d) Policy 3.3.2 which is to ensure that new development is compatible in scale, style, density and aesthetic quality to an established neighborhood. (3) Subsection 14.20.100(A)(3) -- Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance." As proposed and with the recommended conditions, this preliminary plat will meet all the design requirements in YMC Chapter 14.30 of the City's subdivision ordinance and in the City's Title 12 development standards. This review and the recommended conditions are intended to ensure consistency with the provisions of the City's subdivision ordinance as well as other applicable City ordinances. (4) Subsection 14.20.100(A)(4)(a) -- Appropriate provisions for public health, safety and general welfare. The construction of 35 new single-family residential units which will complement uses in the area will promote the public health, safety and general welfare insofar as there is a need in this community for a variety of housing options and insofar as this proposed preliminary plat would be required to comply with all applicable City development standards and with all conditions required by the City Council. (5) Subsection 14.20.100(A)(4)(b) -- Appropriate provisions for open spaces. The lot sizes exceed the minimum size required for the R-1 zoning district, and the lot coverage limitation of 60% in the R-1 zoning district will provide adequate light and air for future residents without additional open spaces. (6) Subsection 14.20.100(A)(4)(c) -- Appropriate provisions for drainage ways. Drainage system facilities will be provided in accordance with state and local regulations including the Eastern Washington Stormwater Manual and the City of Yakima Municipal Code requirements. (7) Subsection 14.20.100(A)(4)(d) -- Appropriate provisions for streets or roads, alleys and other public ways. The subject property has frontage on Occidental Avenue which currently has less than 10 feet of dedicated right-of-way along the south edge of the proposed preliminary plat. It has no curb, gutter, sidewalk or streetlights. It is presently 1,338 feet long and has no fire apparatus turnaround and is partially located in the FEMA 100 -year floodplain. Three new streets will be constructed in order to provide adequate internal access to all of the lots. The following street improvements will make appropriate provisions for streets within the proposed preliminary plat: (a) The applicant must submit a revised plat and civil design plans to the City of Yakima Engineer for review and approval which provide for dedication of 60 feet of public right-of-way for Occidental Avenue for the full length of the subject properties for both PSP#003-16 and PLP#003-16, which comply with the provisions of YMC §15.27.515 for construction within a floodplain. (b) Occidental Avenue shall be constructed as a public street with full curb, gutter, sidewalk and streetlights on both sides of the street, and with an offset temporary cul-de-sac at the east property line of PSP#003-16. At the option of the applicant, the public street improvements and temporary offset cul-de-sac may be temporarily extended to the midpoint of Lot #4 of PSP#003-16, provided the applicant enters into a deferral agreement with the City of Yakima agreeing to extend the improvements to the end of Lot #5 prior to any construction upon Lot #4 or Lot #5 of PSP#003-16. (c) Construction of Occidental Avenue improvements shall be inspected and approved in accordance with YMC Title 12 and YMC Chapter 15.27 Part Four of the City of Yakima's Critical Area Ordinance. (d) Roads "A" and "C" shown on the preliminary plat meet the City of Yakima's Title 12 Development Standards, and shall be constructed with curb, gutter and street lighting in accordance with YMC Chapter 12.06, and with the applicant's preliminary plat dated April 22, 2016. (e) Road "B" shown on the preliminary plat meets the City of Yakima's Title 12 Development Standards for right-of-way width, design and installation of curb, gutter, sidewalk, and street lighting. However, the termini of the proposed road on the east and west ends of the proposed preliminary plat lack the necessary temporary 65 -foot diameter cul-de-sacs required by YMC § 12.06.050 and YMC § 12.06.060. Therefore, in accordance with the previously identified sections of the Yakima Municipal Code, the applicant will be required to install temporary cul-de-sacs or other turnarounds approved by the City Engineer on the east and west ends of Road "B" and at the phase line of the preliminary plat. (f) All driveways must be constructed per YMC Chapter 8.64 and standard detail R4, and dead-end streets shall provide for adequate turnarounds. (8) Subsection 14.20.100(A)(4)(e) -- Appropriate provisions for transit stops. Appropriate provisions can be made in the future for transit stops for this development if the need arises. (9) Subsection 14.20.100(A)(4)(f) -- Appropriate provisions for potable water supplies, irrigation and other water suppliers. The proposed preliminary plat is located within the service area of Nob Hill Water Association which has indicated that it has capacity to serve the subject development. The applicant shall extend lines to the proposed preliminary plat so that all lots will be served with public domestic water and water for fire protection purposes by the Nob Hill Water Association which will constitute appropriate provisions for water. Since the proposed preliminary plat is located within the Ahtanum Irrigation District, the Irrigation District's approval is required on the final plat. (10) Subsection 14.20.100(A)(4)(g) -- Appropriate provisions for sanitary waste disposal. A public sewer is required to service all of the lots within the proposed preliminary plat. There is presently a City of Yakima sewer main located within South 64th Avenue with the existing capacity to serve the subject plat. However, due to the topographical characteristics of the subject properties, not all buildings within the proposed development can be served with gravity sewer. The applicant has submitted plans which indicate that the proposed preliminary plat and the short plat to the south are to be served by an extension of the sanitary sewer as a public forced main running east within Occidental Avenue. The City of Yakima and the applicant have agreed to the temporary lift station provisions attached hereto as Exhibit B. The public sewer shall be constructed, inspected, and approved by the City Engineer and Wastewater Division Manager prior to approval of the final plat. A minimum 16 -foot -wide easement shall be maintained over all public utility lines in accordance with YMC §12.02.010 and YMC § 12.02.020. All lots within the proposed preliminary plat shall be served by a separate side sewer line from a public main in accordance with YMC § 12.03.070. These requirements will make appropriate provisions for sanitary waste disposal. (11) Subsection 14.20.100(A)(4)(h) -- Appropriate provisions for parks and recreation. The proposed preliminary plat is not located in a planned parks and recreation area. The SOZO Sports Complex approximately 0.66 miles from this pro -posed preliminary plat will provide a nearby recreation area. Other provisions for parks and recreation areas are not necessary within the proposed preliminary plat due to the size, number, and location of the proposed lots. (12) Subsection 14.20.100(A)(4)(i) -- Appropriate provisions for playgrounds. Appropriate provisions for playgrounds exist within this proposed preliminary plat due to the fact that playgrounds exist at the schools which the children within the proposed preliminary plat would be attending and the fact that the size of the lots would allow for playground areas as needed or desired. (13) Subsection 14.20.100(A)(4)(j) -- Appropriate provisions for schools and schoolgrounds. The West Valley High School is located approximately 1.71 miles from the proposed preliminary plat and West Valley Middle School is located about 1.03 miles from the proposed preliminary plat. No comments have been received from the School District suggesting the need for an additional school at this location. (14) Subsection 14.20.100(A)(4)(k) -- Appropriate provisions for sidewalks. Since the proposed preliminary plat shows sidewalks along its frontage street and along the internal streets, the proposed preliminary plat makes appropriate provisions for sidewalks. (15) Subsection 14.20.100(A)(4)(1) -- Appropriate provisions for other planning features that assure safe walking conditions for students who walk to and from school. There was no evidence presented at the hearing of a need for other planning features to be provided within this proposed preliminary plat in order to make appropriate provisions for safe walking conditions for students who walk to and from school. (16) Subsection 14.20.100(A)(5) -- Public use and interest. The evidence indicated that this proposed preliminary plat will be consistent with neighboring land uses and will help serve the residential needs of this area. With the recommended conditions, it will comply with the City's zoning ordinance, Comprehensive Plan and subdivision ordinance. It will also make appropriate provisions for the public health, safety and general welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary waste disposal and sidewalks and is in a location where additional provisions for parks, playgrounds, schools or separate walking paths to school have not been recommended or deemed necessary. XI. Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal Code. The following analysis involves the consistency of the proposed preliminary plat with applicable development regulations, or in the absence of applicable regulations, the adopted Comprehensive Plan as mandated by the State Growth Management Act and the Yakima Municipal Code. During project review, neither the City nor any subsequent reviewing body may re- examine alternatives to, or hear appeals on, the items identified in these conclusions except for issues of code interpretation. (1) The type of land use contemplated by the proposal (a residential development) is permitted on this site so long as it complies with the conditions imposed by the Yakima City Council, as well as the regulations of the zoning ordinance, subdivision ordinance, building codes and other applicable regulations. The proposed single-family dwellings are Class (1) permitted uses in the R-1 zoning district. (2) The level of development with the proposed density and size of lots will not exceed the allowable level of development in the Single -Family Residential (R-1) zoning district. (3) The availability and adequacy of infrastructure and public facilities is not an issue because the additional infrastructure that will be provided at the applicant's expense would insure that adequate infrastructure and public facilities are available for the proposed preliminary plat. (4) The character of the proposal, such as the proposal's consistency with applicable development standards of the City's Urban Area Zoning Ordinance, primarily involves consideration of specific development standards relating to lot size, access, potable water, sewage disposal and other features of the proposed preliminary plat which have been discussed in detail above. With the recommended conditions, the proposed preliminary plat will be consistent with the development standards of applicable City ordinances. CONCLUSIONS Based on the foregoing Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction to recommend to the Yakima City Council the approval of a proposed preliminary plat pursuant to YMC §1.43.080 and YMC §14.20.100. (2) A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this proposed preliminary plat on December 23, 2016 and an Addendum thereto was issued on February 8, 2017, that became final without any appeal. (3) No testimony or written comments were submitted in opposition to the proposed 35 -lot preliminary plat for single-family residences. (4) The proposed preliminary plat of Anderson Estates, with all of the conditions detailed below, is in compliance with the City's Comprehensive Plan, zoning ordinance and subdivision ordinance; makes appropriate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks; and, according to the weight of the evidence presented at the hearing, does not require that specific provisions be made for the other requisite plat considerations such as additional schools, additional schoolgrounds or additional planning features that assure safe walking conditions for students who only walk to and from school; and will serve the public use and interest. (5) This proposed preliminary plat is in compliance with all of the consistency requirements of Subsection 16.06.020(B) of the Yakima Municipal Code. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the proposed 35 -lot preliminary plat of "Anderson Estates" to be developed in two phases as described in the application and related documents which are assigned file numbers PLP#003-16, SEPA#011-16 and SEPA#003-17 be APPROVED, subject to compliance with the following conditions: (1) Prior to approval of the final plat, all approved improvements shall be constructed or financially secured according to the standards and requirements of the City Engineer and YMC Title 12. (2) All lots shall be served with public water from the Nob Hill Water Associ-ation. No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water Association must be submitted to the Planning Division indicating that each lot within the plat has been served with domestic water and fees have been paid. (3) All lots shall be provided with public sewer service according to YMC Title 12 standards and the temporary lift station agreement attached hereto as Exhibit B. Prior to final plat approval, written verification from the City of Yakima Engineering Department and Wastewater Division Manager must be provided to the Planning Division indicating that all sewer extensions and associated improvements have been completed and inspected or financially secured. (4) A minimum 8 -foot -wide public utility easement shall be provided adjacent to all public road rights-of-way. (5) Easements for new and/or future utilities shall be a minimum of 16 feet in width, provided that the width of easements for buried utilities will be twice the depth of the planned excavation. (6) All public and private utilities shall be located underground, with the excep-tion of telephone boxes and such similar structures. (7) All public and private utilities to be located within public road rights- of-way must be constructed prior to the start of road construction. (8) In accordance with Table 2 and Map 5A of the West Valley Neighborhood Plan and YMC Title 12 Development Standards, prior to recording of the final plat, the applicant shall submit a revised plat and civil design plans to the City of Yakima Engineer for review and approval which provide for dedication of 60 feet of public right-of-way for Occidental Avenue for the full length of the subject properties for both PLP#003-16 and PSP#003-16 which meet the provisions of YMC §15.27.515 for construction within a floodplain. (9) In accordance with YMC Chapter 12.05, prior to recording of the final plat, the applicant shall construct Occidental Avenue with full curb, gutter, sidewalk and streetlights on both sides of the street, and an offset temporary cul- de-sac at the east property line of PSP#003-16. At the option of the applicant, the public street improvements and temporary offset cul-de-sac may be temporarily extended to the midpoint of Lot #4 of PSP#003-16 if the applicant enters into a deferral agreement with the City of Yakima agreeing to extend the improvements to the end of Lot #5 prior to any construction upon Lot #4 or Lot #5 of PSP#003- 16. (10) In accordance with YMC Chapter 12.20, the public improvements for Occidental Avenue shall be inspected and approved in accordance with YMC Title 12 and Chapter 15.27 Part Four of the City of Yakima's Critical Area Ordinance prior to recording of the final plat. (11) Roads "A" and "C" shown on the preliminary plat shall meet the City of Yakima's Title 12 Development Standards, and shall be constructed with curb, gutter, and street lighting in accordance with YMC Chapter 12.06, and the applicant's preliminary plat dated April 22, 2016. (12) Road "B" shown on the preliminary plat shall meet the City of Yakima's Title 12 Development Standards for right-of-way width, design and installation of curb, gutter, sidewalk and street lighting. Additionally, the termini of the proposed road on the east end and on the west end lack the necessary temporary 65 -foot diameter cul-de-sacs required by YMC § 12.06.050 and YMC § 12.06.060. Therefore, in accordance with the previously identified sections of the Yakima Municipal Code, the applicant shall install temporary cul-de-sacs or other turnarounds approved by the City Engineer on the east and west ends of Road "B" and at the phase line of the proposed preliminary plat. (13) All mitigation measures of City of Yakima SEPA MDNS #011-16 as amended by SEPA Addendum #003-17 shall be complied with in their entirety. (14) Fire hydrants shall be placed at the locations specified by the Building Codes, Planning Division and the Yakima Fire Department. All lots must be provided with adequate fire flow. (15) All permits required by the Yakima Regional Clean Air Agency shall be obtained. (16) A final binding stormwater and drainage control plan for the entire property shall be submitted to and approved by the City's Stormwater Engineer which is capable of retaining the subject development's stormwater prior to any construction. (17) All addresses shall be as specified in Exhibit A of this recommendation. All addresses must be clearly shown on the face of the final plat as required by RCW 58.17.280. (18) This plat shall be subject to the following notes which must be placed on the face of the plat: a) The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. b) The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on-site. (19) Irrigation approval is required, and shall be shown on the face of the final plat. (20) All other requirements of the zoning and subdivision ordinance, although not specifically set forth herein, shall be complied with in their entirety. (21) Upon preliminary plat approval, the applicant has five years to submit the final plat. Thereafter, 30 days prior to the expiration of said approval, the applicant must submit to the City Council a written request asking to extend the approval period for a maximum period of one year. DATED this 25th day of May, 2017. Gary M. Cuillier, Hearing Examiner EXHIBIT A Lot 1 6205 Occidental Ave. Lot 19 6109 Occidental Ave. Lot 2 6204 Easy Street Lot 20 6107 Occidental Ave. Lot 3 6202 Easy Street Lot 21 6106 Easy Street Lot 4 6203 Occidental Ave. Lot 22 6104 Easy Street Lot 5 2202 S. 62nd Ave. Lot 23 6105 Occidental Ave. Lot 6 6200 Easy St. or 2204 S. 62nd Ave. Lot 24 2202 S. 61st Ave. Lot 7 2201 S. 62nd Ave. Lot 25 2204 S. 61' Ave. Lot 8 2203 S. 62nd Ave. Lot 26 2206 S. 61st Ave. or 6102 Easy St. Lot 9 2205 S. 62nd Ave. or 6114 Easy Street Lot 27 2201 S. 61st Ave. or 6005 Occidental Ave. Lot 10 6205 Easy Street Lot 28 2203 S. 61' Ave. Lot 11 6203 Easy Street Lot 29 2205 S. 61' Ave. or 6004 Easy St. Lot 12 6201 Easy Street Lot 30 6005 Easy Street Lot 13 6117 Easy Street Lot 31 6007 Easy Street Lot 14 6115 Easy Street Lot 32 6101 Easy Street Lot 15 6113 Easy Street Lot 33 6103 Easy Street Lot 16 6111 Easy Street Lot 34 6105 Easy Street Lot 17 6109 Easy Street Lot 35 6107 Easy Street Lot 18 6108 Easy Street AGREEMENT REGARDING ANDERSON ESTATES TEMPORARY LIFT STATION EXHIBIT B 1) Cottonwood shall have option of providing public wastewater facility connection through either (1) connecting by gravity flow to municipal sewer lines, or (b) constructing a temporary lift station to service the 35 lot subdivision and adjacent apartment buildings. The option must be selected, the design must be approved (see Section 3), and the facilities must be installed prior to final plat approval. 2) Cottonwood shall design and construct at its sole cost and expense the temporary lift station and install all necessary piping associated with the temporary lift station to service the 35 lot subdivision and, if necessary, the adjacent apartment buildings. Cottonwood shall execute and deliver all documents reasonable or necessary for transfer of ownership of the lift station and lines to the City. 3) The temporary lift station shall be designed pursuant to state requirements and as approved by the City Engineer and Wastewater Manager. The design must accommodate any potential future connections to the temporary lift station. 4) Cottonwood shall install piping for full gravity sewer serviCe of the entire development as necessary for future connection to a gravity line that may eventually be extended to the eastern boundary of Cottonwood property and development. The size and location of that pipe shall be approved by the City Engineer. 5) Cottonwood agrees that the wastewater connection fees for the 35 lot subdivision and, if necessary, the adjacent apartment buildings, shall be paid in accordance with Section 7.58 of the City of Yakima Municipal Code. 6) Cottonwood shall pay the City the sum of $24,652.58 which is the proportionate cost decommissioning the temporary lift station and connecting the gravity portion of the sewer improvements to the City's gravity sewer system. This amount may be paid in five (5) equal yearly installments, the first of which is due as a condition to and at time of acceptance of the lift station by the City. Yearly installments shall be made on that same day for the following four years. Installment amounts must be, at a minimum, $4,930.52 per year. City shall determine the time for termination of temporary lift station use and connection to gravity system. Ifthe temporary lift station use is terminated before the end of the five year payment term, Cottonwood shall pay the remaining balance due and owing to the City within thirty (30) days of notice of termination. 7) The temporary lift station shall be a public temporary lift station owned, operated and maintained by the City of Yakima and the City will assure Ecology that the temporary lift station is in compliance with the City's public sewer plan. 8) Cottonwood shall provide stub outs forthe connection of adjacent parcels identified by the City Engineer and Wastewater Manager. 9) This Agreement shall be attached to the Hearing Examiner's Opinion and fully incorporated therein and become part of the development requirements of the property. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 10. For Meeting of: July 11, 2017 ITEM TITLE: Closed record public hearing and resolution to consider the Hearing Examiner's recommendation on the preliminary plat of Cottonwood Partners "Anderson Estates" located in the vicinity of S 64th Ave & Occidental Ave. SUBMITTED BY: Joan Davenport, Al CP, Community Development Director Joseph Calhoun, Planning Manager (509) 575-6042 SUMMARY EXPLANATION: The Preliminary Long Plat of Anderson Estates is a 35 -lot subdivision located in the vicinity of S 64th Ave and Occidental Ave., zoned R-1 Single Family Residential. The plat will include full urban services including sewer, water, streets with curbs, gutters, and sidewalks on both sides of the street, and streetlights. As submitted, this plat complies with the requirements of the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance, Development Standards, and Traffic Concurrency. The application was reviewed by the Hearing Examiner on March 23, 2017, which was continued to April 13, 2017 and concluded on May 11, 2017. The Hearing Examiner issued his written recommendation for approval, subject to conditions, on May 25, 2017. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution. City Manager BOARD/COMMITTEE RECOMMENDATION: The Hearing Examiner recommended approval, subject to conditions, on May 25, 2017. ATTACHMENTS: Description Upload Date O Proposed Resolution_ Anderson Estates 6/3012017 O Complete Record - Part 1 Anderson Estates 6/30/2017 O Complete Record - Part 2_Anderson Estates 6/30/2017 2 Type Resolution Backup Material Backup Material 5 Exhibit "A" CITY OF YAKIMA, WASHINGTON HEARING EXAMINER'S RECOMMENDATION May 25, 2017 In the Matter of a Preliminary Long Plat Application Submitted by: ) ) PLP#003-16 Cottonwood Partners, LLC SEPA#011-16 ) ) ) )SEPA ADDENDUM #003- 17 For a 35 -Lot Single -Family Preliminary) Long Plat to be Located in the Vicinity of South 64th Avenue and Occidental Avenue And to be Known as "Anderson Estates" ) ) ) A. Introduction. The preliminary findings relative to the hearing process for this matter are as follows: (1) The Hearing Examiner conducted an open record public hearing which commenced on March 23, 2017, and which was continued until April 13, 2017, and which was concluded on May 11, 2017. (2) The Planning Division staff report which recommended approval of this preliminary long plat subject to enumerated conditions was presented on March 23 by Senior Planner Jeff Peters. Mike Heit of HLA Engineering and Land Surveying, Inc. and the applicant's attorney, James Carmody of Meyer, Fluegge & Tenney, P.S., presented testimony in favor 6 of the proposed preliminary plat without the City's recommended requirements for a gravity flow mainline sewer extension eastward from the plat and for a cul-de-sac at the east end of Road B of the plat. City Wastewater Division Manager Mike Price testified in favor of the requirement for a gravity flow mainline sewer extension eastward from the plat. Adjacent property owners east of the proposed plat, Linda Curlee and Paula Moore, asked questions about the proposed cul-de-sac at the east end of Occidental Avenue and about a homeowners association for the development south of Occidental Avenue which were answered at the hearing. (3) In order to allow time for interested persons to consider the Memorandum of Cottonwood Partners presented at the hearing by Mr. Carmody and for the parties to further discuss the issues presented thereby, the hearing was continued until April 13, 2017. On April 13, Senior Planner Jeff Peters testified that the parties had met, but needed more time to discuss an acceptable manner of sewage disposal for the plat and for the adjacent development. Adjacent property owner Linda Curlee asked questions about the applicant's proposed lift station which were answered. The applicant's attorney James Carmody agreed that the matter should be continued until May 11. (4) On May 11, 2017, Planning Manager Joseph Calhoun read into the record the agreed condition as to sewage disposal which is attached to this recommendation as Exhibit B. James Carmody indicated that the applicant and the City agree that the provisions of Exhibit B should be adopted as an agreed condition of the preliminary plat. Mike Heit testified that road improvements on Road B of the preliminary plat should include a cul-de-sac or turnaround acceptable to the City Engineer. Linda Curlee asked questions about the lift station and the timing of street construction which were answered by Mr. Heit. Nearby property owner Scott Wilson was critical of a road ditch along South 66th Avenue in the county adjacent to his property, but it was pointed out that the proposed streets for this development will have curbs and gutters rather than road ditches. (5) This recommendation has been issued within ten business days of the conclusion of the hearing on May 11, 2017. 7 B. Summary of Recommendation. The Hearing Examiner recommends approval of this preliminary plat subject to conditions. C. Basis for Recommendation. Based on a view of the site with no one else present on March 22, 2017; the staff report, exhibits, testimony and other evidence presented at the open record public hearing which was commenced on March 23, 2017, and was continued until April 13, 2017, and was concluded on May 11, 2017; and a consideration of the applicable subdivision requirements, development standards and consistency criteria; the Hearing Examiner makes the following: FINDINGS I. Applicant/Property Owner. The applicant/property owner is Cottonwood Partners, LLC, P.O. Box 8335, Yakima, WA 98908. The representatives of the applicant/property owner for this proposal are Michael Heit of HLA Engineering and Land Surveying, Inc., 2803 River Road, Yakima, WA 98902 and James Carmody of Meyer, Fluegge & Tenney, P.S., 230 South Second Street, P.O. Box 22680, Yakima, WA 98907. II. Location. The location of the proposed preliminary plat is on the north side of Occidental Avenue east of South 64th Avenue. It is proposed to be located on Yakima County Assessor's Parcel Number 181333-33038. 8 III. Application. This application is for a preliminary plat to develop about 8.27 acres of Single -Family Residential (R -1) -zoned property into a 35 -lot single-family residential subdivision over the course of two phases. The proposed lots will range in size from approximately 6,748 square feet to about 11,289 square feet. The history of the appli-cation process to this point may be summarized as follows: (1) The applications for a Preliminary Long Plat and for a development on adjacent property to the south were received on April 22, 2016. (2) On May 24, 2016, the applicant's applications were determined to be incomplete due to missing information. (3) On June 13, 2016, the requested information was received, the applicant's application was determined complete for processing by the Planning Division, and additional information was requested in the form of a traffic study. (4) A combined Notice of Application and Environmental Review for the Preliminary Short Plat (PSP#003-16), Preliminary Long Plat (PLP#003- 16), Class 1 Review (CL1#028-16), Critical Area Ordinance Review (CAO#001-16) and State Environmental Policy Act Review (SEPA#011-16) was mailed on August 3, 2016 to the applicant and adjoining property owners within a 300 -foot radius of the subject properties requesting comments on the proposed applications. The 20 -day public comment period for these applications ended on August 23, 2016, with four comments being submitted. (5) On September 30, 2016, the Planning Division requested additional infor-mation in the form of revised plat maps showing the location of the Federal Emergency Management Agency (FEMA) 100 -year floodplain. (6) On October 5, 2016, the applicant submitted the revised plat maps showing the location of the FEMA 100 -year floodplain. (7) On November 14, 2016, the applicant submitted the requested traffic study. (8) Environmental and Critical Area Review for the proposed plat was conducted from August 3, 2016 to January 6, 2017. This 9 recommendation involves only the application for the 35 -lot preliminary long plat and the environmental review for said preliminary long plat. IV. Jurisdiction. Sections 1.43.080 and 14.20.100 of the Yakima Municipal Code (YMC) provide that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council which shall include findings and conclusions based on the record relative to the subdivision criteria listed in YMC §14.20.100 and in RCW Chapter 58.17. V. Notices. Public notices were provided in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima Municipal Code (YMC). They include the following: Notice of Application and Environmental Review: August 3, 2016 Mailing of Notice of SEPA MDNS: December 23, 2016 Mailing of Notice of Addendum to SEPA MDNS: February 14, 2017 Mailing of Notice of Public Hearing: February 16, 2017 Publishing of Notice of Public Hearing: February 16, 2017 Posting of Land Use Action Sign on the Property: February 27, 2017 VI. Zoning and Land Use. The subject property is zoned Single - Family Residential (R-1). The main purpose of the Yakima Urban Area Zoning Ordinance (UAZO) in Title 15 of the Yakima Municipal Code (YMC) is to implement the Yakima Urban Area Comprehensive Plan and promote the general health, safety and welfare of the present and future 10 inhabitants of the Yakima Urban Area. YMC §15.03.020(B) states that the purpose and intent of the R-1 zoning district is to: (1) Establish new residential neighborhoods for detached single- family dwellings free from other uses except those which are compatible with, and serve the residents of this district, which may include duplexes and zero lot lines if established during the sub -division process; (2) Preserve existing residential neighborhoods for detached single- family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; and (3) Locate moderate -density residential development, up to seven dwelling units per net residential acre, in areas served by a public water and sewer system. (4) Detached single-family dwellings are the primary use in this district. The district is characterized by up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and one and two-story structures. The density in the district is generally seven dwelling units per net residential acre or less. (5) This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses within these zones are not allowed except for public or quasi -public uses, which will be required to undergo extensive public review and will have all necessary performance or design standards assigned to them as necessary to mitigate potential impacts to adjacent residences. (6) Development exceeding seven dwelling units per net residential acre may be allowed in accordance with YMC Table 4-1. VII. Environmental Review. The SEPA Responsible Official issued a Mitigated Determination of Nonsignificance (MDNS) on December 23, 2016, which contained nine conditions of approval. The applicant's revised traffic study was submitted on November 14, 2016, and the applicant's revised SEPA Checklist was submitted on January 25, 2017. In response to the submitted documents, the 11 City issued a SEPA Addendum (SEPA#003-17) amending conditions #8 and #9 of the SEPA MDNS (SEPA#011-16) to address minor changes in the Traffic Impact Analysis for the two developments and allowing for grading and filling of 7,000 cubic yards to be located outside of the 100 -year floodplain. The final SEPA MDNS as amended by the Addendum dated February 8, 2017, contains the following nine mitigation measures: 1. All site-specific impacts for installation of utilities, frontage improvements, dust control, and stormwater facilities are sufficiently addressed and/or mitigated through the implementation of the City of Yakima's development standards. Compliance with all development standards are either required as a condition of approval as a part of the applicant's land use review, building permit approval, Preliminary Short Plat Decision (PSP#003-16), or Preliminary Long Plat decision (PLP#003- 16). 2. Prior to any site grading or construction upon either plat: a) The applicant shall submit revised wastewater plans for review and approval by the Wastewater Division Manager and City Engineer, which serve the two developments with sewer in accordance with YMC Ch. 12.03, and the City of Yakima's Wastewater Collection System Master Plan. b) The applicant shall submit and gain approval from the City of Yakima Engineer and Nob Hill Water Association for sewer and water plans which are in compliance with YMC § 15.27.407, and are designed to minimize or eliminate infiltration of floodwaters into the systems. c) The applicant shall submit development plans to the City of Yakima Planning and Code Administration Division for review and approval which take into account all encroachments, fill, new construction, and all other development that is provided by a registered professional engineer which demonstrates through hydrologic and hydraulic analysis that all floodplain encroachments will not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce carrying capacity of the 12 floodway, or increase flood levels during the occurrence of the base flood discharge in accordance with YMC §15.27.411. 3. Prior to issuance of the Preliminary Short Plat Decision (PSP#003- 16), the applicant shall submit a revised Preliminary Short Plat to the City of Yakima Planning Division relocating all buildings outside of the FEMA floodway in accordance with YMC §15.27.411(D) & 412 (E). 4. All construction within the subject plats shall meet the floodplain development standards of YMC §15.27.408 (A) and receive an individual floodplain elevation certificate. 5. All roads shall be constructed in accordance with YMC §15.27.515. 6. All utilities shall be installed in accordance with YMC §15.27.407. 7. All permits required by the Yakima Regional Clean Air Authority shall be obtained and a copy provided to the City of Yakima Code Administration prior to commencement of site preparation for both plats. 8. This MDNS authorizes the applicant to construct any combination of single-family or multi -family dwelling units of PLP#003-16, and PSP#003-16 up to a total of 75 dwelling units with no more than 35 single- family dwelling units without improvement to the intersection of Occidental Rd. and S. 64th Ave. 9. Prior to construction of over 75 dwelling units: A. The applicant shall submit plans for review and approval to the City of Yakima Engineer for an intersection improvement such as a signal or roundabout at the S. 64th Ave./Occidental Rd. intersection which comply with YMC Title 12 and 15.27 Part Four. B. All intersection and street frontage improvements for City PSP#003-16 and PLP#003-16 shall be constructed and inspected in accordance [with] YMC Title 12 and 15.27 Part Four. VIII. Transportation Concurrency Ordinance. This application was reviewed and approved for consistency with the YMC 12.08 13 Transportation Capacity Management Ordinance on December 21, 2016. The Traffic Impact Study for this application found that the full buildout of this development would result in a Level of Service (LOS) F at the intersection of South 64th Avenue and Occidental Avenue, which exceeds the City's minimum LOS D. Further analysis showed that construction of any combination of single-family or multi -family dwelling units of PLP#003- 16 and PSP#003-16 up to a total of 75 dwelling units with no more than 35 single-family dwelling units can be constructed while still maintaining a Level of Service D at the South 64th Avenue and Occidental Avenue intersection. Prior to construction of more than 75 dwelling units, the intersection of South 64th Avenue and Occidental Avenue must be improved by the construction of a traffic signal or roundabout. (February 8, 2017 Addendum to SEPA#011-16 MDNS per SEPA#003-17). Funding for the intersection improvements shall be borne by the developer. IX. Development Services Team. The following comments were submitted by the Development Services Team which met on May 10, 2016 and June 7, 2016, and by other public agencies and one nearby property owner who submitted written comments during the comment period for this proposal: (1) Code Administration: Code Administration comments may be summarized as follows: (a) Minimally, fire hydrants are required at 500 -foot intervals, or as per the required fire flow for any proposed structures per the applicable International Fire Code. (b) Preliminary addressing will be as set forth in Exhibit A to this recommendation. 14 (2) Engineering: Engineering comments relative to this proposed preliminary plat were to the effect that TMC Title 12 improvements and other improvements, including but not limited to the following, are required: (a) 8.67 and 12.05 — New curb, gutter and sidewalk required within new development. Street section shall conform to standard detail R3. New sidewalks shall be constructed per standard detail R5. 7' sidewalks are required for Occidental Rd. (Minor Arterial). Note: Proposed Road 'B' may not be allowed to connect to S. 64th Ave. if extended at same alignment due to close proximity to intersection of Occidental and S. 64th Ave. (b) 8.64 — Driveways to be constructed per this chapter and standard detail R4. (c) 8.72 — An excavation and street break permit shall be obtained for all work within the public right of way. Refer to chapter 8 for requirements. Roads less than five years old can be cut, but will cost one hundred fifty percent of restoration fee with no PCI discount. (d) 12.02 — Easements will need to be established per this chapter. (e) 12.06.050 — Phased developments or temporary dead-end streets shall provide for adequate temporary turnarounds between project phases or future street extension. The design shall provide for continuation of the full right-of-way width to the property boundary. (f) 12.06 — Street and right of way widths shall conform to this section unless otherwise approved. 50' of right of way is required for the residential new streets. Occidental Rd. is classified as a Minor Arterial, requiring a total of 80' of right of way. (g) 12.06.080 Street lighting — A street light shall be installed at each street intersection and at mid -block if the block exceeds five hundred feet in length. Street lights shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city. 15 (h) All frontage improvements shall be completed prior to Certificate of Occupancy. Civil engineering plans for public improvements shall be approved prior to issuance of building permits. (3) Wastewater: All proposed public sewer is to be gravity flow to South 64th Avenue and/or to 52nd Avenue per 2013 Collections Master Plan. (This comment was subsequently superseded by the temporary lift station condition agreed to between City representatives and the applicant attached hereto as Exhibit B). (4) Stormwater: Minimally, all stormwater shall be retained on site. Specific retention goals and methods will be commented on when the parcels become developed and civil plans are submitted. (5) Ahtanum Irrigation District: The Hugh Bowman Ditch crosses the proposed short plat property south of this proposed preliminary plat which is zoned and planned for apartments. The 100 -year flood plain is within the same property to the south. Additional traffic of the entire development on the property to the south of the proposed preliminary plat could overwhelm the roads in the area. (6) Department of Ecology: The Washington State Department of Ecology comments may be summarized as follows: (a) Based on the historical agricultural use of this land, it is possible that soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead, arsenic and organochlorine pesticides. If these contaminants are found at concentrations above the Model Toxics Control Act cleanup levels, Ecology recommends that potential buyers be notified of their occurrence. (b) An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that a SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that a 16 Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) be prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. (7) Yakima Regional Clean Air Agency (YRCAA): YRCAA comments may be summarized as follows: (a) Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition, and notification for the demolition must be filed with the YRCAA. (b) Contractors doing clearing, grading, paving, construction or land- scaping work must file a dust control plan with Yakima Regional Clean Air Agency. (c) The proponent/developer must address the air emission impact from the development to the end that the National Ambient Air Standards are not violated. (d) Burning is prohibited at all times during land clearing. (e) Roads shall be maintained at all times to prevent offsite dust transport. (8) Nearby Property Owner: Nearby property owner JoAnn Houfek who lives on the corner of South 64th Avenue and Occidental Avenue expressed concern about the safety of that intersection if the property south of the proposed single- family preliminary plat is developed for apartments and indicated that apartment buildings will be out of place in the area. X. Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the Hearing Examiner shall review a proposed preliminary plat during an open record public hearing to inquire into and determine whether or not the following standards are satisfied: 17 (1) Subsection 14.20.100(A)(1) -- Consistency with the provisions of the City's Urban Area Zoning Ordinance. A determination of consistency with the provisions of the City's Urban Area Zoning Ordinance involves a consideration of the following provisions of Title 15 of the Yakima Municipal Code (YMC): (a) Consistency with the Intent of the Single -Family Residential (R- 1) Zoning District: YMC §15.03.020(B) indicates that the intent of the R-1 zoning district is primarily to allow single-family residential development of a density up to 7 dwelling units per net residential acre in areas served with both public water service and a public sewer system. The preliminary plat is consistent with the intent of the R-1 zoning district. (b) Consistency with Development Standards of the Single -Family Residential (R-1) Zoning District: YMC Chapter 15.05 is designed to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote the public health, safety and welfare. The proposed development meets the requirements of this chapter as follows: (i) Minimum Lot Size and Width: The lots ranging in size from 6,748 square feet to 11,289 square feet will meet the minimum 6,000 - square -foot lot size requirement and the minimum 50 -foot lot width requirement for the R-1 zoning district prescribed by YMC Table 5-2 of YMC Chapter 15.05. (ii) Maximum Lot Coverage: The maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. In the R-1 zoning district, the maximum lot coverage is 60%. All lots within the proposed preliminary plat have sufficient lot area to comply with this development standard. (iii) Structure Setbacks: In the residential zoning districts, structure setbacks are intended to provide light, air and emergency access. All lots in the proposed preliminary plat have sufficient area to meet the setback requirements specified by YMC Table 5-1 in YMC Chapter 15.05. (iv) Maximum Building Height: The maximum building height in the R-1 zoning district is 35 feet (YMC Chapter 18 15.05, Table 5-1). Building heights will not exceed that height. (v) Residential Accessory Structures: Residential accessory struc-tures are allowed upon all lots of record provided they meet the provisions of YMC §15.05.020(E). (vi) Fencing; Fencing upon and behind property lines is allowed in accordance with YMC §15.05.020(G). (vii) Access: All lots will have 20 feet of frontage upon a public street in accordance with YMC §15.05.020(H). (viii) Sidewalk: The proposed preliminary plat shows that curb, gutter and sidewalk will be constructed along all street frontages in accordance with YMC §15.05.020(J). (ix) Density: The proposed preliminary plat dividing 8.27 acres into 35 lots will have a density of 4.2 dwelling units per net residential acre and of 5.31 dwelling units per net residential acre with streets not included. These densities comply with YMC §15.05.030(B) and YMC Table 4-1 of YMC Chapter 15.04 which prescribe a maximum of 7 dwelling units per net residential acre in the R-1 zoning district. (x) Street Right -of -Way. The subject property has street frontage on Occidental Avenue which is classified as a Collector Arterial street in accordance with Table 2 and Map 5A of the West Valley Neighborhood Plan and which requires a total street width of 60 feet of dedicated right-of-way. Roads "A," "B" and "C" are all internal streets which are classified as Neighborhood Collector streets by the City of Yakima's Transportation Plan and which require a total street width of 50 feet of dedicated right-of-way. The proposed preliminary plat complies with this standard by showing street right-of-way widths of 60 feet for Occidental Avenue and of 50 feet for all Neighborhood Collector streets. (2) Subsection 14.20.100(A)(2) -- Consistency with the provisions of the Comprehensive Plan. The Future Land Use Map III - 3 of the 2025 Yakima Urban Area Comprehensive Plan designates the 19 property within the proposed preliminary plat as suitable for Low Density Residential development which is defined as primarily free-standing single- family residences located at a density of up to 7 dwelling units per acre. Specifically, the proposed preliminary plat is consistent with the following Goals and Policies of the City's Comprehensive Plan: (a) Goal 3.1 which is to provide for a broad distribution of housing in Yakima that meets the affordability and neighborhood design needs of the public. (b) Policy 3.1.1.4 which provides that development shall be located along Arterials or Collector streets and should have good access to public transit. (c) Goal 3.2 which is to build sustainable new neighborhoods. (d) Policy 3.3.2 which is to ensure that new development is compatible in scale, style, density and aesthetic quality to an established neighborhood. (3) Subsection 14.20.100(A)(3) -- Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance." As proposed and with the recommended conditions, this preliminary plat will meet all the design requirements in YMC Chapter 14.30 of the City's subdivision ordinance and in the City's Title 12 development standards. This review and the recommended conditions are intended to ensure consistency with the provisions of the City's subdivision ordinance as well as other applicable City ordinances. (4) Subsection 14.20.100(A)(4)(a) -- Appropriate provisions for public health, safety and general welfare. The construction of 35 new single-family residential units which will complement uses in the area will promote the public health, safety and general welfare insofar as there is a need in this community for a variety of housing options and insofar as this proposed preliminary plat would be 20 required to comply with all applicable City development standards and with all conditions required by the City Council. (5) Subsection 14.20.100(A)(4)(b) -- Appropriate provisions for open spaces. The lot sizes exceed the minimum size required for the R-1 zoning district, and the lot coverage limitation of 60% in the R-1 zoning district will provide adequate light and air for future residents without additional open spaces. (6) Subsection 14.20.100(A)(4)(c) -- Appropriate provisions for drainage ways. Drainage system facilities will be provided in accordance with state and local regulations including the Eastern Washington Stormwater Manual and the City of Yakima Municipal Code requirements. (7) Subsection 14.20.100(A)(4)(d) -- Appropriate provisions for streets or roads, alleys and other public ways. The subject property has frontage on Occidental Avenue which currently has less than 10 feet of dedicated right-of-way along the south edge of the proposed preliminary plat. It has no curb, gutter, sidewalk or streetlights. It is presently 1,338 feet long and has no fire apparatus turnaround and is partially located in the FEMA 100 -year floodplain. Three new streets will be constructed in order to provide adequate internal access to all of the lots. The following street improvements will make appropriate provisions for streets within the proposed preliminary plat: (a) The applicant must submit a revised plat and civil design plans to the City of Yakima Engineer for review and approval which provide for dedication of 60 feet of public right-of-way for Occidental Avenue for the full length of the subject properties for both PSP#003-16 and PLP#003-16, which comply with the provisions of YMC §15.27.515 for construction within a floodplain. (b) Occidental Avenue shall be constructed as a public street with full curb, gutter, sidewalk and streetlights on both sides of the 21 street, and with an offset temporary cul-de-sac at the east property line of PSP#003-16. At the option of the applicant, the public street improvements and temporary offset cul-de-sac may be temporarily extended to the midpoint of Lot #4 of PSP#003-16, provided the applicant enters into a deferral agreement with the City of Yakima agreeing to extend the improvements to the end of Lot #5 prior to any construction upon Lot #4 or Lot #5 of PSP#003-16. (c) Construction of Occidental Avenue improvements shall be inspected and approved in accordance with YMC Title 12 and YMC Chapter 15.27 Part Four of the City of Yakima's Critical Area Ordinance. (d) Roads "A" and "C" shown on the preliminary plat meet the City of Yakima's Title 12 Development Standards, and shall be constructed with curb, gutter and street lighting in accordance with YMC Chapter 12.06, and with the applicant's preliminary plat dated April 22, 2016. (e) Road "B" shown on the preliminary plat meets the City of Yakima's Title 12 Development Standards for right-of-way width, design and installation of curb, gutter, sidewalk, and street lighting. However, the termini of the proposed road on the east and west ends of the proposed preliminary plat lack the necessary temporary 65 -foot diameter cul-de-sacs required by YMC §12.06.050 and YMC §12.06.060. Therefore, in accordance with the previously identified sections of the Yakima Municipal Code, the applicant will be required to install temporary cul-de-sacs or other turnarounds approved by the City Engineer on the east and west ends of Road "B" and at the phase line of the preliminary plat. (f) All driveways must be constructed per YMC Chapter 8.64 and standard detail R4, and dead-end streets shall provide for adequate turnarounds. (8) Subsection 14.20.100(A)(4)(e) -- Appropriate provisions for transit stops. Appropriate provisions can be made in the future for transit stops for this development if the need arises. 22 (9) Subsection 14.20.100(A)(4)(f) -- Appropriate provisions for potable water supplies, irrigation and other water suppliers. The proposed preliminary plat is located within the service area of Nob Hill Water Association which has indicated that it has capacity to serve the subject development. The applicant shall extend lines to the proposed preliminary plat so that all lots will be served with public domestic water and water for fire protection purposes by the Nob Hill Water Association which will constitute appropriate provisions for water. Since the proposed preliminary plat is located within the Ahtanum Irrigation District, the Irrigation District's approval is required on the final plat. (10) Subsection 14.20.100(A)(4)(g) -- Appropriate provisions for sanitary waste disposal. A public sewer is required to service all of the lots within the proposed preliminary plat. There is presently a City of Yakima sewer main located within South 64th Avenue with the existing capacity to serve the subject plat. However, due to the topographical characteristics of the subject properties, not all buildings within the proposed development can be served with gravity sewer. The applicant has submitted plans which indicate that the proposed preliminary plat and the short plat to the south are to be served by an extension of the sanitary sewer as a public forced main running east within Occidental Avenue. The City of Yakima and the applicant have agreed to the temporary lift station provisions attached hereto as Exhibit B. The public sewer shall be constructed, inspected, and approved by the City Engineer and Wastewater Division Manager prior to approval of the final plat. minimum 16 -foot -wide easement shall be maintained over all public utility 23 lines in accordance with YMC §12.02.010 and YMC §12.02.020. All lots within the proposed preliminary plat shall be served by a separate side sewer line from a public main in accordance with YMC §12.03.070. These requirements will make appropriate provisions for sanitary waste disposal. (11) Subsection 14.20.100(A)(4)(h) -- Appropriate provisions for parks and recreation. The proposed preliminary plat is not located in a planned parks and recreation area. The SOZO Sports Complex approximately 0.66 miles from this pro -posed preliminary plat will provide a nearby recreation area. Other provisions for parks and recreation areas are not necessary within the proposed preliminary plat due to the size, number, and location of the proposed lots. (12) Subsection 14.20.100(A)(4)(i) -- Appropriate provisions for playgrounds. Appropriate provisions for playgrounds exist within this proposed preliminary plat due to the fact that playgrounds exist at the schools which the children within the proposed preliminary plat would be attending and the fact that the size of the lots would allow for playground areas as needed or desired. (13) Subsection 14.20.100(A)(4)(j) -- Appropriate provisions for schools and schoolgrounds. The West Valley High School is located approximately 1.71 miles from the proposed preliminary plat and West Valley Middle School is located about 1.03 miles from the proposed preliminary plat. No comments have been received from the School District suggesting the need for an additional school at this location. (14) Subsection 14.20.100(A)(4)(k) -- Appropriate provisions for sidewalks. Since the proposed preliminary plat shows sidewalks along its frontage 24 street and along the internal streets, the proposed preliminary plat makes appropriate provisions for sidewalks. (15) Subsection 14.20.100(A)(4)(1) -- Appropriate provisions for other planning features that assure safe walking conditions for students who walk to and from school. There was no evidence presented at the hearing of a need for other planning features to be provided within this proposed preliminary plat in order to make appropriate provisions for safe walking conditions for students who walk to and from school. (16) Subsection 14.20.100(A)(5) -- Public use and interest. The evidence indicated that this proposed preliminary plat will be consistent with neighboring land uses and will help serve the residential needs of this area. With the recommended conditions, it will comply with the City's zoning ordinance, Comprehensive Plan and subdivision ordinance. It will also make appropriate provisions for the public health, safety and general welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary waste disposal and sidewalks and is in a location where additional provisions for parks, playgrounds, schools or separate walking paths to school have not been recommended or deemed necessary. XI. Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal Code. The following analysis involves the consistency of the proposed preliminary plat with applicable development regulations, or in the absence of applicable regulations, the adopted Comprehensive Plan as mandated by the State Growth Management Act and the Yakima Municipal Code. During project review, neither the City nor any subsequent reviewing body may re-examine alternatives to, or 25 hear appeals on, the items identified in these conclusions except for issues of code interpretation. (1) The type of land use contemplated by the proposal (a residential development) is permitted on this site so long as it complies with the conditions imposed by the Yakima City Council, as well as the regulations of the zoning ordinance, subdivision ordinance, building codes and other applicable regulations. The proposed single-family dwellings are Class (1) permitted uses in the R-1 zoning district. (2) The level of development with the proposed density and size of lots will not exceed the allowable level of development in the Single - Family Residential (R-1) zoning district. (3) The availability and adequacy of infrastructure and public facilities is not an issue because the additional infrastructure that will be provided at the applicant's expense would insure that adequate infrastructure and public facilities are available for the proposed preliminary plat. (4) The character of the proposal, such as the proposal's consistency with applicable development standards of the City's Urban Area Zoning Ordinance, primarily involves consideration of specific development standards relating to lot size, access, potable water, sewage disposal and other features of the proposed preliminary plat which have been discussed in detail above. With the recommended conditions, the proposed preliminary plat will be consistent with the development standards of applicable City ordinances. CONCLUSIONS 26 Based on the foregoing Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction to recommend to the Yakima City Council the approval of a proposed preliminary plat pursuant to YMC §1.43.080 and YMC §14.20.100. (2) A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this proposed preliminary plat on December 23, 2016 and an Addendum thereto was issued on February 8, 2017, that became final without any appeal. (3) No testimony or written comments were submitted in opposition to the proposed 35 -lot preliminary plat for single-family residences. (4) The proposed preliminary plat of Anderson Estates, with all of the conditions detailed below, is in compliance with the City's Comprehensive Plan, zoning ordinance and subdivision ordinance; makes appropriate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks; and, according to the weight of the evidence presented at the hearing, does not require that specific provisions be made for the other requisite plat considerations such as additional schools, additional schoolgrounds or additional planning features that assure safe walking conditions for students who only walk to and from school; and will serve the public use and interest. (5) This proposed preliminary plat is in compliance with all of the consistency requirements of Subsection 16.06.020(B) of the Yakima Municipal Code. 27 RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the proposed 35 -lot preliminary plat of "Anderson Estates" to be developed in two phases as described in the application and related documents which are assigned file numbers PLP#003-16, SEPA#011-16 and SEPA#003-17 be APPROVED, subject to compliance with the following conditions: (1) Prior to approval of the final plat, all approved improvements shall be constructed or financially secured according to the standards and requirements of the City Engineer and YMC Title 12. (2) All lots shall be served with public water from the Nob Hill Water Associ-ation. No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water Association must be submitted to the Planning Division indicating that each lot within the plat has been served with domestic water and fees have been paid. (3) All lots shall be provided with public sewer service according to YMC Title 12 standards and the temporary lift station agreement attached hereto as Exhibit B. Prior to final plat approval, written verification from the City of Yakima Engineering Department and Wastewater Division Manager must be provided to the Planning Division indicating that all sewer extensions and associated improvements have been completed and inspected or financially secured. (4) A minimum 8 -foot -wide public utility easement shall be provided adjacent to all public road rights-of-way. (5) Easements for new and/or future utilities shall be a minimum of 16 feet in width, provided that the width of easements for buried utilities will be twice the depth of the planned excavation. (6) All public and private utilities shall be located underground, with the excep-tion of telephone boxes and such similar structures. (7) All public and private utilities to be located within public road rights-of-way must be constructed prior to the start of road construction. 28 (8) In accordance with Table 2 and Map 5A of the West Valley Neighborhood Plan and YMC Title 12 Development Standards, prior to recording of the final plat, the applicant shall submit a revised plat and civil design plans to the City of Yakima Engineer for review and approval which provide for dedication of 60 feet of public right-of-way for Occidental Avenue for the full length of the subject properties for both PLP#003-16 and PSP#003-16 which meet the provisions of YMC §15.27.515 for construction within a floodplain. (9) In accordance with YMC Chapter 12.05, prior to recording of the final plat, the applicant shall construct Occidental Avenue with full curb, gutter, sidewalk and streetlights on both sides of the street, and an offset temporary cul-de-sac at the east property line of PSP#003-16. At the option of the applicant, the public street improvements and temporary offset cul-de-sac may be temporarily extended to the midpoint of Lot #4 of PSP#003-16 if the applicant enters into a deferral agreement with the City of Yakima agreeing to extend the improvements to the end of Lot #5 prior to any construction upon Lot #4 or Lot #5 of PSP#003-16. (10) In accordance with YMC Chapter 12.20, the public improvements for Occidental Avenue shall be inspected and approved in accordance with YMC Title 12 and Chapter 15.27 Part Four of the City of Yakima's Critical Area Ordinance prior to recording of the final plat. (11) Roads "A" and "C" shown on the preliminary plat shall meet the City of Yakima's Title 12 Development Standards, and shall be constructed with curb, gutter, and street lighting in accordance with YMC Chapter 12.06, and the applicant's preliminary plat dated April 22, 2016. (12) Road "B" shown on the preliminary plat shall meet the City of Yakima's Title 12 Development Standards for right-of-way width, design and installation of curb, gutter, sidewalk and street lighting. Additionally, the termini of the proposed road on the east end and on the west end lack the necessary temporary 65 -foot diameter cul-de-sacs required by YMC §12.06.050 and YMC §12.06.060. Therefore, in accordance with the previously identified sections of the Yakima Municipal Code, the applicant shall install temporary cul-de-sacs or other turnarounds approved by the City Engineer on the east and west ends of Road "B" and at the phase line of the proposed preliminary plat. 29 (13) All mitigation measures of City of Yakima SEPA MDNS #011-16 as amended by SEPA Addendum #003-17 shall be complied with in their entirety. (14) Fire hydrants shall be placed at the locations specified by the Building Codes, Planning Division and the Yakima Fire Department. All lots must be provided with adequate fire flow. (15) All permits required by the Yakima Regional Clean Air Agency shall be obtained. (16) A final binding stormwater and drainage control plan for the entire property shall be submitted to and approved by the City's Stormwater Engineer which is capable of retaining the subject development's stormwater prior to any construction. (17) All addresses shall be as specified in Exhibit A of this recommendation. All addresses must be clearly shown on the face of the final plat as required by RCW 58.17.280. (18) This plat shall be subject to the following notes which must be placed on the face of the plat: a) The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. b) The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on-site. (19) Irrigation approval is required, and shall be shown on the face of the final plat. (20) All other requirements of the zoning and subdivision ordinance, although not specifically set forth herein, shall be complied with in their entirety. (21) Upon preliminary plat approval, the applicant has five years to submit the final plat. Thereafter, 30 days prior to the expiration of said approval, the applicant must submit to the City Council a written request asking to extend the approval period for a maximum period of one year. 30 DATED this 25th day of May, 2017. Examiner Gary M. Cuillier, Hearing EXHIBIT A Lot 1 6205 Occidental Ave. Lot 19 6109 Occidental Ave. Lot 2 6204 Easy Street Lot 20 6107 Occidental Ave. Lot 3 6202 Easy Street Lot 21 6106 Easy Street Lot 4 6203 Occidental Ave. Lot 22 6104 Easy Street Lot 5 2202 S. 62nd Ave. Lot 23 6105 Occidental Ave. Lot 6 6200 Easy St. or 2204 S. 62nd Ave. Lot 24 2202 S. 61st Ave. Lot 7 2201 S. 62nd Ave. Lot 25 2204 S. 61st Ave. Lot 8 2203 S. 62nd Ave. Lot 26 2206 S. 61st Ave. or 6102 Easy St. Lot 9 2205 S. 62nd Ave. or 6114 Easy Street Lot 27 2201 S. 61st Ave. or 6005 Occidental Ave. 31 Lot 10 6205 Easy Street Lot 28 2203 S. 61st Ave. Lot 11 6203 Easy Street Lot 29 2205 S. 61st Ave. or 6004 Easy St. Lot 12 6201 Easy Street Lot 30 6005 Easy Street Lot 13 6117 Easy Street Lot 31 6007 Easy Street Lot 14 6115 Easy Street Lot 32 6101 Easy Street Lot 15 6113 Easy Street Lot 33 6103 Easy Street Lot 16 6111 Easy Street Lot 34 6105 Easy Street Lot 17 6109 Easy Street Lot 35 6107 Easy Street Lot 18 6108 Easy Street 32 AGREEMENT REGARDING ANDERSON ESTATES TEMPORARY LIFT STATION EXHIBIT B 1) Cottonwood shall have option of providing public wastewater facility connection through either (1) connecting by gravity flow to municipal sewer lines, or (b) constructing a temporary lift station to service the 35 lot subdivision and adjacent apartment buildings. The option must be selected, the design must be approved (see Section 3), and the facilities must be installed prior to final plat approval. 2) Cottonwood shall design and construct at its sole cost and expense the temporary lift station and install all necessary piping associated with the temporary lift station to service the 35 lot subdivision and, if necessary, the adjacent apartment buildings. Cottonwood shall execute and deliver all documents reasonable or necessary for transfer of ownership ofthe lift station and lines to the City. 3) The temporary lift station shall be designed pursuant to state requirements and as approved by the City Engineer and Wastewater Manager. The design must accommodate any potential future connections to the temporary lift station. 4) Cottonwood shall install piping for full gravity sewer serviCe of the entire development as necessary for future connection to a gravity line that may eventually be extended to the eastern boundary of Cottonwood property and development. The size and location of that pipe shall be approved by the City Engineer. 5) Cottonwood agrees that the wastewater connection fees for the 35 lot subdivision and, ifnecessary, the adjacent apartment buildings, shall be paid in accordance with Section 7.58 ofthe City of Yakima Municipal Code. 6) Cottonwood shall pay the City the sum of $24,652.58 which is the proportionate cost decommissioning the temporary lift station and connecting the gravity portion of the sewer improvements to the City's gravity sewer system. This amount maybe paid in five (5) equal yearly installments, the first of which is due as a condition to and at time of acceptance ofthe lift station by the City. Yearly installments shall be made on that same day for the following four years. Installment amounts must be, at aminimum, $4,930.52 per year. City shall determine the time for termination of temporary lift station use and connection to gravity system. Ifthe temporary lift station use is terminated before the end of the five year payment term, Cottonwood shall pay the remaining balance due and owing to the City within thirty (30) days of notice of termination. 7) The temporary lift station shall be a public temporary lift station owned, operated and maintained by the City of Yakima and the City will assure Ecology that the temporary lift station is in compliance with the City's public sewer plan. 8) Cottonwood shall provide stub outs forthe connection ofadjacent parcels identified by the City Engineer and Wastewater Manager. 33 9) This Agreement shall be attached to the Hearing Examiner's Opinion and fully incorporated therein and become part ofthe development requirements ofthe property. 34 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 City Council Closed Record Public Hearing July 11, 2017 EXHIBIT LIST Applicant: Cottonwood Partners LLC c/o Lew Miller File Numbers: PLP#003-16 Site Address: Vicinity of South 64th Avenue & Occidental Road Staff Contact: Joseph Calhoun, Planning Manager Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report CHAPTER B Vicinity Map CHAPTER C Site Plan C TER D DST Review & Agency Comments C TER E SEPA Checklist CHAPTER F Applications CHAPTER G Public Comments CHAPTER H Public Notices 10 35 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 EXHIBIT LIST CHAPTER AA Hearing Examiner's Recommendation Hearing Examiner's Recommendation 36 CEIVED MAY 2 -; N117 CITY OF YAKiMA Plif CITY OF YAKIMA, WASHINGTON HEARING EXAMINER'S RECOMMENDATION May 25, 2017 In the Matter of a Preliminary Long Plat Application Submitted by: Cottonwood Partners, LLC For a 35 -Lot Single -Family Preliminary Long Plat to be Located in the Vicinity of South 646 Avenue and Occidental Avenue And to be Known as "Anderson Estates" PLP#003-16 SEPA#011-16 SEPA ADDENDUM #003-17 A. Introduction. The preliminary findings relative to the hearing process for this matter are as follows: (1) The Hearing Examiner conducted an open record public hearing which commenced on March 23, 2017, and which was continued until April 13, 2017, and which was concluded on May 11, 2017. (2) The Planning Division staff report which recommended approval of this preliminary long plat subject to enumerated conditions was presented on March 23 by Senior Planner Jeff Peters. Mike Heit of HLA Engineering and Land Surveying, Inc. and the applicant's attorney, James Carmody of Meyer, Fluegge & Tenney, P.S., presented testimony in favor of the proposed preliminary plat without the City's recommended requirements for a gravity flow mainline sewer extension eastward from the plat and for a cul-de-sac at the east end of Road B of the plat. City Wastewater Division Manager Mike Price testified in favor of the requirement for a gravity flow mainline sewer extension eastward from the plat. Adjacent property owners east of the proposed plat, Linda Curlee and Paula Moore, asked questions about the proposed cul-de-sac at the east Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 end of Occidental Avenue and about a homeowners association for the development south of Occidental Avenue which were answered at the hearing. (3) In order to allow time for interested persons to consider the Memorandum of Cottonwood Partners presented at the hearing by Mr. Carmody and for the parties to further discuss the issues presented thereby, the hearing was continued until April 13, 2017. On April 13, Senior Planner Jeff Peters testified that the parties had met, but needed more time to discuss an acceptable manner of sewage disposal for the plat and for the adjacent development. Adjacent property owner Linda Curlee asked questions about the applicant's proposed lift station which were answered. The applicant's attorney James Carmody agreed that the matter should be continued until May 11. (4) On May 11, 2017, Planning Manager Joseph Calhoun read into the record the agreed condition as to sewage disposal which is attached to this recommendation as Exhibit B. James Carmody indicated that the applicant and the City agree that the provisions of Exhibit B should be adopted as an agreed condition of the preliminary plat. Mike Heit testified that road improvements on Road B of the preliminary plat should include a cul-de-sac or turnaround acceptable to the City Engineer. Linda Curlee asked questions about the lift station and the timing of street construction which were answered by Mr. Heft. Nearby property owner Scott Wilson was critical of a road ditch along South 66th Avenue in the county adjacent to his property, but it was pointed out that the proposed streets for this development will have curbs and gutters rather than road ditches. (5) This recommendation has been issued within ten business days of the conclusion of the hearing on May 11, 2017. B. Summary of Recommendation. The Hearing Examiner recommends approval of this preliminary plat subject to conditions. C. Basis for Recommendation. Based on a view of the site with no one else present on March 22, 2017; the staff report, exhibits, testimony and other evidence presented at the open record public hearing which was commenced on March 23, 2017, and was continued until April 13, 2017, and was concluded on May 11, 2017; and a consideration Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 2 DOC. INDEX 4411. RECElyED MAY 2 5 201? CRT OF YAKIMA pp,/ of the applicable subdivision requirements, development standards and consistency criteria; the Hearing Examiner makes the following: FINDINGS I. Applicant/Property Owner. The applicant/property owner is Cottonwood Partners, LLC, P.O. Box 8335, Yakima, WA 98908. The representatives of the applicant/property owner for this proposal are Michael Heit of HLA Engineering and Land Surveying, Inc., 2803 River Road, Yakima, WA 98902 and James Carmody of Meyer, Fluegge & Tenney, P.S., 230 South Second Street, P.O. Box 22680, Yakima, WA 98907. II. Location. The location of the proposed preliminary plat is on the north side of Occidental Avenue east of South 64th Avenue. It is proposed to be located on Yakima County Assessor's Parcel Number 181333-33038. III. Application. This application is for a preliminary plat to develop about 8.27 acres of Single -Family Residential (R -1) -zoned property into a 35 -lot single-family residential subdivision over the course of two phases. The proposed lots will range in size from approximately 6,748 square feet to about 11,289 square feet. The history of the appli- cation process to this point may be summarized as follows: (1) The applications for a Preliminary Long Plat and for a development on adjacent property to the south were received on April 22, 2016. (2) On May 24, 2016, the applicant's applications were determined to be incomplete due to missing information. Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 &I/003-17 3 39 MAY r, ?III? CITY OF YAKIMA ft,FM, Dic (3) On June 13, 2016, the requested information was received, the applicant's application was determined complete for processing by the Planning Division, and additional information was requested in the form of a traffic study. (4) A combined Notice of Application and Environmental Review for the Preliminary Short Plat (PSP#003-16), Preliminary Long Plat (PLP#003-16), Class 1 Review (CL1#028-16), Critical Area Ordinance Review (CAO#001-16) and State Environmental Policy Act Review (SEPA#011-16) was mailed on August 3, 2016 to the applicant and adjoining property owners within a 300 -foot radius of the subject properties requesting comments on the proposed applications. The 20 -day public comment period for these applications ended on August 23, 2016, with four comments being submitted. (5) On September 30, 2016, the Planning Division requested additional infor- mation in the form of revised plat maps showing the location of the Federal Emergency Management Agency (FEMA) 100 -year floodplain. (6) On October 5, 2016, the applicant submitted the revised plat maps showing the location of the FEMA 100 -year floodplain. (7) On November 14, 2016, the applicant submitted the requested traffic study. (8) Environmental and Critical Area Review for the proposed plat was conducted from August 3, 2016 to January 6, 2017. This recommendation involves only the application for the 35 -lot preliminary long plat and the environmental review for said preliminary long plat. IV. Jurisdiction. Sections 1.43.080 and 14.20.100 of the Yakima Municipal Code (YMC) provide that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council which shall include findings and conclusions based on the record relative to the subdivision criteria listed in YMC §14.20.100 and in RCW Chapter 58.17. V. Notices. Public notices were provided in accordance with applicable ordinances, including Titles 14, 15 and 16 of the Yakima Municipal Code (YMC). They include the following: Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 4 1 Notice of Application and Environmental Review: Mailing of Notice of SEPA MDNS: Mailing of Notice of Addendum to SEPA MDNS: Mailing of Notice of Public Hearing: Publishing of Notice of Public Hearing: Posting of Land Use Action Sign on the Property: TVECHVED 40 M AY 2 2017 CIFY OF AMA ENV. August 3, 2016 December 23, 2016 February 14, 2017 February 16, 2017 February 16, 2017 February 27, 2017 VI. Zoning and Land Use. The subject property is zoned Single -Family Residential (R-1). The main purpose of the Yakima Urban Area Zoning Ordinance (UAZO) in Title 15 of the Yakima Municipal Code (YMC) is to implement the Yakima Urban Area Comprehensive Plan and promote the general health, safety and welfare of the present and future inhabitants of the Yakima Urban Area. YMC §15.03.020(B) states that the purpose and intent of the R-1 zoning district is to: (1) Establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of this district, which may include duplexes and zero lot lines if established during the sub- division process; (2) Preserve existing residential neighborhoods for detached single-family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; and (3) Locate moderate -density residential development, up to seven dwelling units per net residential acre, in areas served by a public water and sewer system. (4) Detached single-family dwellings are the primary use in this district. The district is characterized by up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and one and two-story structures. The density in the district is generally seven dwelling units per net residential acre or less. (5) This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses within these zones are not allowed except for public or Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 5 quasi -public uses, which will be required to undergo extensive public review and will have all necessary performance or design standards assigned to them as necessary to mitigate potential impacts to adjacent residences. (6) Development exceeding seven dwelling units per net residential acre may be allowed in accordance with YMC Table 4-1. VII. Environmental Review. The SEPA Responsible Official issued a Mitigated Determination of Nonsignificance (MDNS) on December 23, 2016, which contained nine conditions of approval. The applicant's revised traffic study was submitted on November 14, 2016, and the applicant's revised SEPA Checklist was submitted on January 25, 2017. In response to the submitted documents, the City issued a SEPA Addendum (SEPA#003-17) amending conditions #8 and #9 of the SEPA MDNS (SEPA#011-16) to address minor changes in the Traffic Impact Analysis for the two developments and allowing for grading and filling of 7,000 cubic yards to be located outside of the 100 -year floodplain. The final SEPA MDNS as amended by the Addendum dated February 8, 2017, contains the following nine mitigation measures: 1. All site-specific impacts for installation of utilities, frontage improvements, dust control, and stormwater facilities are sufficiently addressed and/or mitigated through the implementation of the City of Yakima's development standards. Compliance with all development standards are either required as a condition of approval as a part of the applicant's land use review, building permit approval, Preliminary Short Plat Decision (PSP#003-16), or Preliminary Long Plat decision (PLP#003-16). 2. Prior to any site grading or construction upon either plat: a) The applicant shall submit revised wastewater plans for review and approval by the Wastewater Division Manager and City Engineer, which serve the two developments with sewer in accordance with YMC Ch. 12.03, and the City of Yakima's Wastewater Collection System Master Plan. Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 6 DOC. NDX b) The applicant shall submit and gain approval from the City of Yakima Engineer and Nob Hill Water Association for sewer and water plans which are in compliance with YMC § 15.27.407, and are designed to minimize or eliminate infiltration of floodwaters into the systems. c) The applicant shall submit development plans to the City of Yakima Planning and Code Administration Division for review and approval which take into account all encroachments, fill, new construction, and all other development that is provided by a registered professional engineer which demonstrates through hydrologic and hydraulic analysis that all floodplain encroachments will not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce carrying capacity of the floodway, or increase flood levels during the occurrence of the base flood discharge in accordance with YMC §15.27.411. 3. Prior to issuance of the Preliminary Short Plat Decision (PSP#003-16), the applicant shall submit a revised Preliminary Short Plat to the City of Yakima Planning Division relocating all buildings outside of the FEMA floodway in accordance with YMC §15.27.411(D) & 412 (E). 4. All construction within the subject plats shall meet the floodplain development standards of YMC §15.27.408 (A) and receive an individual floodplain elevation certificate. 5. All roads shall be constructed in accordance with YMC §15.27.515. 6. All utilities shall be installed in accordance with YMC §15.27.407. 7. All permits required by the Yakima Regional Clean Air Authority shall be obtained and a copy provided to the City of Yakima Code Administration prior to commencement of site preparation for both plats. 8. This MDNS authorizes the applicant to construct any combination of single- family or multi -family dwelling units of PLP#003-16, and PSP#003-16 up to a total of 75 dwelling units with no more than 35 single-family dwelling units without improvement to the intersection of Occidental Rd. and S. 64th Ave. 9. Prior to construction of over 75 dwelling units: A. The applicant shall submit plans for review and approval to the City of Yakima Engineer for an intersection improvement such as a signal or Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 7 MAY 2 5 2017 CITY OF YAKIMA PLAN:LiN4 DIV. roundabout at the S. 64th Ave./Occidental Rd. intersection which comply with YMC Title 12 and 15.27 Part Four. B. All intersection and street frontage improvements for City PSP#003-16 and PLP#003-16 shall be constructed and inspected in accordance [with] YMC Title 12 and 15.27 Part Four. VIII. Transportation Concurrency Ordinance. This application was reviewed and approved for consistency with the YMC 12.08 Transportation Capacity Management Ordinance on December 21, 2016. The Traffic Impact Study for this application found that the full buildout of this development would result in a Level of Service (LOS) F at the intersection of South 64th Avenue and Occidental Avenue, which exceeds the City's minimum LOS D. Further analysis showed that construction of any combination of single-family or multi -family dwelling units of PLP#003-16 and PSP#003-16 up to a total of 75 dwelling units with no more than 35 single-family dwelling units can be constructed while still maintaining a Level of Service D at the South 64th Avenue and Occidental Avenue intersection. Prior to construction of more than 75 dwelling units, the intersection of South 64th Avenue and Occidental Avenue must be improved by the construction of a traffic signal or roundabout. (February 8, 2017 Addendum to SEPA#011-16 MDNS per SEPA#003-17). Funding for the intersection improvements shall be borne by the developer. IX. Development Services Team. The following comments were submitted by the Development Services Team which met on May 10, 2016 and June 7, 2016, and by other public agencies and one nearby property owner who submitted written comments during the comment period for this proposal: Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 8 DOC. INDEX 11-1 REDEI'VED MAY 2 5 a:17 CITY :.'OF YAKIMA (1) Code Administration: Code Administration comments may be summarized as follows: (a) Minimally, fire hydrants are required at 500 -foot intervals, or as per the required fire flow for any proposed structures per the applicable International Fire Code. (b) Preliminary addressing will be as set forth in Exhibit A to this recommendation. (2) Engineering: Engineering comments relative to this proposed preliminary plat were to the effect that TMC Title 12 improvements and other improvements, including but not limited to the following, are required: (a) 8.67 and 12.05 — New curb, gutter and sidewalk required within new development. Street section shall conform to standard detail R3. New sidewalks shall be constructed per standard detail R5. 7' sidewalks are required for Occidental Rd. (Minor Arterial). Note: Proposed Road '13' may not be allowed to connect to S. 64th Ave. if extended at same alignment due to close proximity to intersection of Occidental and S. 64th Ave. (b) 8.64 — Driveways to be constructed per this chapter and standard detail R4. (c) 8.72 — An excavation and street break permit shall be obtained for all work within the public right of way. Refer to chapter 8 for requirements. Roads less than five years old can be cut, but will cost one hundred fifty percent of restoration fee with no PCI discount. (d) 12.02 — Easements will need to be established per this chapter. (e) 12.06.050 — Phased developments or temporary dead-end streets shall provide for adequate temporary turnarounds between project phases or future street extension. The design shall provide for continuation of the full right-of-way width to the property boundary. (f) 12.06 — Street and right of way widths shall conform to this section unless otherwise approved. 50' of right of way is required for the residential new streets. Occidental Rd. is classified as a Minor Arterial, requiring a total of 80' of right of way. Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 9 DOC. INDEX N.M.*/ IEFEC..EIVEL) MAY 2 ?Of/ CITY OF YAKA [NIL (g) 12.06.080 Street lighting — A street light shall be installed at each street intersection and at mid -block if the block exceeds five hundred feet in length. Street lights shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city. (h) All frontage improvements shall be completed prior to Certificate of Occupancy. Civil engineering plans for public improvements shall be approved prior to issuance of building permits. (3) Wastewater: All proposed public sewer is to be gravity flow to South 64th Avenue and/or to 52' Avenue per 2013 Collections Master Plan. (This comment was subsequently superseded by the temporary lift station condition agreed to between City representatives and the applicant attached hereto as Exhibit B). (4) Stormwater: Minimally, all stormwater shall be retained on site. Specific retention goals and methods will be commented on when the parcels become developed and civil plans are submitted. (5) Ahtanum Irrigation District: The Hugh Bowman Ditch crosses the proposed short plat property south of this proposed preliminary plat which is zoned and planned for apartments. The 100 -year flood plain is within the same property to the south. Additional traffic of the entire development on the property to the south of the proposed preliminary plat could overwhelm the roads in the area. (6) Department of Ecology: The Washington State Department of Ecology comments may be summarized as follows: (a) Based on the historical agricultural use of this land, it is possible that soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead, arsenic and organochlorine pesticides. If these contaminants are found at concentrations above the Model Toxics Control Act cleanup levels, Ecology recommends that potential buyers be notified of their occurrence. (b) An NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 10 MAY 2 CITY Of YAKIMA stormwater discharge from a construction site with more than one acre of disturbed ground. This permit requires that a SEPA checklist fully disclose anticipated activities including building, road construction and utility placement. The permit requires that a Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) be prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. (7) Yakima Regional Clean Air Agency (YRCAA): YRCAA comments may be summarized as follows: (a) Prior to demolishing any structures, an asbestos survey must be done by a certified asbestos building inspector. Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition, and notification for the demolition must be filed with the YRCAA. (b) Contractors doing clearing, grading, paving, construction or land- scaping work must file a dust control plan with Yakima Regional Clean Air Agency. (c) The proponent/developer must address the air emission impact from the development to the end that the National Ambient Air Standards are not violated. (d) Burning is prohibited at all times during land clearing. (e) Roads shall be maintained at all times to prevent offsite dust transport. (8) Nearby Property Owner: Nearby property owner JoAnn Houfek who lives on the corner of South 64th Avenue and Occidental Avenue expressed concern about the safety of that intersection if the property south of the proposed single-family preliminary plat is developed for apartments and indicated that apartment buildings will be out of place in the area. X. Preliminary Plat Review Criteria. Section 14.20.100 of the YMC provides that the Hearing Examiner shall review a proposed preliminary plat during an open record Cottonwood Partners, LLC 11 S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & 4003-17 DOC. INDEX 47 MAY 2 ?i)i7 TY 0-7 YAKKIA public hearing to inquire into and determine whether or not the following standards are satisfied: (1) Subsection 14.20.100(A)(1) -- Consistency with the provisions of the City's Urban Area Zoning Ordinance. A determination of consistency with the provisions of the City's Urban Area Zoning Ordinance involves a consideration of the following provisions of Title 15 of the Yakima Municipal Code (YMC): (a) Consistency with the Intent of the Single -Family Residential (R-1) Zoning District: YMC §15.03.020(B) indicates that the intent of the R-1 zoning district is primarily to allow single-family residential development of a density up to 7 dwelling units per net residential acre in areas served with both public water service and a public sewer system. The preliminary plat is consistent with the intent of the R-1 zoning district. (b) Consistency with Development Standards of thc Single -Family Residential (R-1) Zoning District: YMC Chapter 15.05 is designed to establish certain basic development requirements. These are the minimum criteria that must be met to assure land use compatibility and promote the public health, safety and welfare. The proposed development meets the requirements of this chapter as follows: (i) Minimum Lot Size and Width: The lots ranging in size from 6,748 square feet to 11,289 square feet will meet the minimum 6,000 - square -foot lot size requirement and the minimum 50 -foot lot width requirement for the R-1 zoning district prescribed by YMC Table 5-2 of YMC Chapter 15.05. (ii) Maximum Lot Coverage: The maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. In the R-1 zoning district, the maximum lot coverage is 60%. All lots within the proposed preliminary plat have sufficient lot area to comply with this development standard. (iii) Structure Setbacks: In the residential zoning districts, structure setbacks are intended to provide light, air and emergency access. All lots in Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 12 the proposed preliminary plat have sufficient area to meet the setback requirements specified by YMC Table 5-1 in YMC Chapter 15.05. (iv) Maximum Building Height: The maximum building height in the R-1 zoning district is 35 feet (YMC Chapter 15.05, Table 5-1). Building heights will not exceed that height. (v) Residential Accessory Structures: Residential accessory struc- tures are allowed upon all lots of record provided they meet the provisions of YMC §15.05.020(E). (vi) Fencing: Fencing upon and behind property lines is allowed in accordance with YMC §15.05.020(G). (vii) Access: All lots will have 20 feet of frontage upon a public street in accordance with YMC §15.05.020(H). (viii) Sidewalk: The proposed preliminary plat shows that curb, gutter and sidewalk will be constructed along all street frontages in accordance with YMC §15.05.020(J). (ix) Density: The proposed preliminary plat dividing 8.27 acres into 35 lots will have a density of 4.2 dwelling units per net residential acre and of 5.31 dwelling units per net residential acre with streets not included. These densities comply with YMC §15.05.030(B) and YMC Table 4-1 of YMC Chapter 15.04 which prescribe a maximum of 7 dwelling units per net residential acre in the R-1 zoning district. (x) Street Right -of -Way: The subject property has street frontage on Occidental Avenue which is classified as a Collector Arterial street in accordance with Table 2 and Map 5A of the West Valley Neighborhood Plan and which requires a total street width of 60 feet of dedicated right-of-way. Roads "A," "B" and "C" are all internal streets which are classified as Neighborhood Collector streets by the City of Yakima's Transportation Plan and which require a total street width of 50 feet of dedicated right-of-way. The proposed preliminary plat complies with this standard by showing street right-of-way widths of 60 feet for Occidental Avenue and of 50 feet for all Neighborhood Collector streets. Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 13 mAY 2 , 2(lif OF YOKOAF 49 poi (2) Subsection 14.20.100(A)(2) -- Consistency with the provisions of the Comprehensive Plan. The Future Land Use Map 111-3 of the 2025 Yakima Urban Area Comprehensive Plan designates the property within the proposed preliminary plat as suitable for Low Density Residential development which is defined as primarily free- standing single-family residences located at a density of up to 7 dwelling units per acre. Specifically, the proposed preliminary plat is consistent with the following Goals and Policies of the City's Comprehensive Plan: (a) Goal 3.1 which is to provide for a broad distribution of housing in Yakima that meets the affordability and neighborhood design needs of the public. (b) Policy 3.1.1.4 which provides that development shall be located along Arterials or Collector streets and should have good access to public transit. (c) Goal 3.2 which is to build sustainable new neighborhoods. (d) Policy 3.3.2 which is to ensure that new development is compatible in scale, style, density and aesthetic quality to an established neighborhood. (3) Subsection 14.20.100(A)(3) -- Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance." As proposed and with the recommended conditions, this preliminary plat will meet all the design requirements in YMC Chapter 14.30 of the City's subdivision ordinance and in the City's Title 12 development standards. This review and the recommended conditions are intended to ensure consistency with the provisions of the City's subdivision ordinance as well as other applicable City ordinances. (4) Subsection 14.20.100(A)(4)(a) -- Appropriate provisions for public health, safety and general welfare. The construction of 35 new single-family residential units which will complement uses in the area will promote the public health, safety and general welfare insofar as there is a need in this community for a variety of housing options and Cottonwood Partners, LLC 14 S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 DOC, INDEX MAY 2 :3 Z01/ Cti.:°40[A insofar as this proposed preliminary plat would be required to comply with all applicable City development standards and with all conditions required by the City Council. (5) Subsection 14.20.100(A)(4)(b) -- Appropriate provisions for open spaces. The lot sizes exceed the minimum size required for the R-1 zoning district, and the lot coverage limitation of 60% in the R-1 zoning district will provide adequate light and air for future residents without additional open spaces. (6) Subsection 14.20.100(A)(4)(c) -- Appropriate provisions for drainage ways. Drainage system facilities will be provided in accordance with state and local regulations including the Eastern Washington Stormwater Manual and the City of Yakima Municipal Code requirements. (7) Subsection 14.20.100(A)(4)(d) -- Appropriate provisions for streets or roads, alleys and other public ways. The subject property has frontage on Occidental Avenue which currently has less than 10 feet of dedicated right-of-way along the south edge of the proposed preliminary plat. It has no curb, gutter, sidewalk or streetlights. It is presently 1,338 feet long and has no fire apparatus turnaround and is partially located in the FEMA 100 -year floodplain. Three new streets will be constructed in order to provide adequate internal access to all of the lots. The following street improvements will make appropriate provisions for streets within the proposed preliminary plat: (a) The applicant must submit a revised plat and civil design plans to the City of Yakima Engineer for review and approval which provide for dedication of 60 feet of public right-of-way for Occidental Avenue for the full length of the subject properties for both PSP#003-16 and PLP#003-16, which comply with the provisions of YMC §15.27.515 for construction within a floodplain. (b) Occidental Avenue shall be constructed as a public street with full curb, gutter, sidewalk and streetlights on both sides of the street, and with an offset Cottonwood Partners, LLC 15 S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" DOC. PLP#003-16; SEPA#011-16 & #003-17 INDEX FiEprEV(9:.Esi "' MAY 2 2 2(112 21TY OF YAKIMA DIV temporary cul-de-sac at the east property line of PSP#003-16. At the option of the applicant, the public street improvements and temporary offset cul-de-sac may be temporarily extended to the midpoint of Lot #4 of PSP#003-16, provided the applicant enters into a deferral agreement with the City of Yakima agreeing to extend the improvements to the end of Lot #5 prior to any construction upon Lot #4 or Lot #5 of PSP#003-16. (c) Construction of Occidental Avenue improvements shall be inspected and approved in accordance with YMC Title 12 and YMC Chapter 15.27 Part Four of the City of Yakima's Critical Area Ordinance. (d) Roads "A" and "C" shown on the preliminary plat meet the City of Yakima's Title 12 Development Standards, and shall be constructed with curb, gutter and street lighting in accordance with YMC Chapter 12.06, and with the applicant's preliminary plat dated April 22, 2016. (e) Road "B" shown on the preliminary plat meets the City of Yakima's Title 12 Development Standards for right-of-way width, design and installation of curb, gutter, sidewalk, and street lighting. However, the termini of the proposed road on the east and west ends of the proposed preliminary plat lack the necessary temporary 65 -foot diameter cul-de-sacs required by YMC §12.06.050 and YMC §12.06.060. Therefore, in accordance with the previously identified sections of the Yakima Municipal Code, the applicant will be required to install temporary cul-de-sacs or other turnarounds approved by the City Engineer on the east and west ends of Road "B" and at the phase line of the preliminary plat. (f) All driveways must be constructed per YMC Chapter 8.64 and standard detail R4, and dead-end streets shall provide for adequate turnarounds. (8) Subsection 14.20.100(A)(4)(e) -- Appropriate provisions for transit stops. Appropriate provisions can be made in the future for transit stops for this development if the need arises. (9) Subsection 14.20.100(A)(4)(0 -- Appropriate provisions for potable water supplies, irrigation and other water suppliers. The proposed preliminary plat is located within the service area of Nob Hill Water Association which has indicated that it Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 16 DOC. INDEX ( MAY 2 5 20i7 OVIY QF YAKiraii LAii DV has capacity to serve the subject development. The applicant shall extend lines to the proposed preliminary plat so that all lots will be served with public domestic water and water for fire protection purposes by the Nob Hill Water Association which will constitute appropriate provisions for water. Since the proposed preliminary plat is located within the Ahtanum Irrigation District, the Irrigation District's approval is required on the final plat. (10) Subsection 14.20.100(A)(4)(g) -- Appropriate provisions for sanitary waste disposal. A public sewer is required to service all of the lots within the proposed preliminary plat. There is presently a City of Yakima sewer main located within South 64th Avenue with the existing capacity to serve the subject plat. However, due to the topographical characteristics of the subject properties, not all buildings within the proposed development can be served with gravity sewer. The applicant has submitted plans which indicate that the proposed preliminary plat and the short plat to the south are to be served by an extension of the sanitary sewer as a public forced main running east within Occidental Avenue. The City of Yakima and the applicant have agreed to the temporary lift station provisions attached hereto as Exhibit B. The public sewer shall be constructed, inspected, and approved by the City Engineer and Wastewater Division Manager prior to approval of the final plat. A minimum 16 -foot -wide easement shall be maintained over all public utility lines in accordance with YMC §12.02.010 and YMC §12.02.020. All lots within the proposed preliminary plat shall be served by a separate side sewer line from a public main in accordance with YMC §12.03.070. These requirements will make appropriate provisions for sanitary waste disposal. (11) Subsection 14.20.100(A)(4)(h) -- Appropriate provisions for parks and recreation. The proposed preliminary plat is not located in a planned parks and Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLPH003-16; SEPA#011-16 & #003-17 17 DOC. INDEX fi4-/ MAY 2 YAKidiA DIV recreation area. The SOZO Sports Complex approximately 0.66 miles from this pro- posed preliminary plat will provide a nearby recreation area. Other provisions for parks and recreation areas are not necessary within the proposed preliminary plat due to the size, number, and location of the proposed lots. (12) Subsection 14.20.100(A)(4)(i) -- Appropriate provisions for playgrounds. Appropriate provisions for playgrounds exist within this proposed preliminary plat due to the fact that playgrounds exist at the schools which the children within the proposed preliminary plat would be attending and the fact that the size of the lots would allow for playground areas as needed or desired. (13) Subsection 14.20.100(A)(4)(j) -- Appropriate provisions for schools and schoolgrounds. The West Valley High School is located approximately 1.71 miles from the proposed preliminary plat and West Valley Middle School is located about 1.03 miles from the proposed preliminary plat. No comments have been received from the School District suggesting the need for an additional school at this location. (14) Subsection 14.20.100(A)(4)(k) -- Appropriate provisions for sidewalks. Since the proposed preliminary plat shows sidewalks along its frontage street and along the internal streets, the proposed preliminary plat makes appropriate provisions for sidewalks. (15) Subsection 14.20.100(A)(4)(1) -- Appropriate provisions for other planning features that assure safe walking conditions for students who walk to and from school. There was no evidence presented at the hearing of a need for other planning features to be provided within this proposed preliminary plat in order to make Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPAN011-16 & #003-17 18 DOC. INDEX .54 'EE) MAY 2 5 2.01-/ arY YAMMA appropriate provisions for safe walking conditions for students who walk to and from school. (16) Subsection 14.20.100(A)(5) -- Public use and interest. The evidence indicated that this proposed preliminary plat will be consistent with neighboring land uses and will help serve the residential needs of this area. With the recommended conditions, it will comply with the City's zoning ordinance, Comprehensive Plan and subdivision ordinance. It will also make appropriate provisions for the public health, safety and general welfare, open spaces, drainage ways, streets, transit stops, potable water, sanitary waste disposal and sidewalks and is in a location where additional provisions for parks, playgrounds, schools or separate walking paths to school have not been recommended or deemed necessary. XI. Consistency Analysis under Subsection 16.06.020(B) of the Yakima Municipal Code. The following analysis involves the consistency of the proposed preliminary plat with applicable development regulations, or in the absence of applicable regulations, the adopted Comprehensive Plan as mandated by the State Growth Management Act and the Yakima Municipal Code. During project review, neither the City nor any subsequent reviewing body may re-examine alternatives to, or hear appeals on, the items identified in these conclusions except for issues of code interpretation. (1) The type of land use contemplated by the proposal (a residential development) is permitted on this site so long as it complies with the conditions imposed by the Yakima City Council, as well as the regulations of the zoning ordinance, subdivision ordinance, building codes and other applicable regulations. The proposed single-family dwellings are Class (1) permitted uses in the R-1 zoning district. Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 19 RECEIVED MAY 2 5 2017 CITY OF YAKIMA Mk:2.D DIV (2) The level of development with the proposed density and size of lots will not exceed the allowable level of development in the Single -Family Residential (R-1) zoning district. (3) The availability and adequacy of infrastructure and public facilities is not an issue because the additional infrastructure that will be provided at the applicant's expense would insure that adequate infrastructure and public facilities are available for the proposed preliminary plat. (4) The character of the proposal, such as the proposal's consistency with applicable development standards of the City's Urban Area Zoning Ordinance, primarily involves consideration of specific development standards relating to lot size, access, potable water, sewage disposal and other features of the proposed preliminary plat which have been discussed in detail above. With the recommended conditions, the proposed preliminary plat will be consistent with the development standards of applicable City ordinances. CONCLUSIONS Based on the foregoing Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction to recommend to the Yakima City Council the approval of a proposed preliminary plat pursuant to YMC §1.43.080 and YMC §14.20.100. (2) A SEPA Mitigated Determination of Nonsignificance (MDNS) was issued for this proposed preliminary plat on December 23, 2016 and an Addendum thereto was issued on February 8, 2017, that became final without any appeal. (3) No testimony or written comments were submitted in opposition to the proposed 35 -lot preliminary plat for single-family residences. (4) The proposed preliminary plat of Anderson Estates, with all of the conditions detailed below, is in compliance with the City's Comprehensive Plan, zoning ordinance and subdivision ordinance; makes appropriate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks; and, Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 20 MAy 791.1 i.:171' OF VAKfav r 4 according to the weight of the evidence presented at the hearing, does not require that specific provisions be made for the other requisite plat considerations such as additional schools, additional schoolgrounds or additional planning features that assure safe walking conditions for students who only walk to and from school; and will serve the public use and interest. (5) This proposed preliminary plat is in compliance with all of the consistency requirements of Subsection 16.06.020(B) of the Yakima Municipal Code. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the proposed 35 -lot preliminary plat of "Anderson Estates" to be developed in two phases as described in the application and related documents which are assigned file numbers PLP#003-16, SEPA#011-16 and SEPA#003-17 be APPROVED, subject to compliance with the following conditions: (1) Prior to approval of the final plat, all approved improvements shall be constructed or financially secured according to the standards and requirements of the City Engineer and YMC Title 12. (2) All lots shall be served with public water from the Nob Hill Water Associ- ation. No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water Association must be submitted to the Planning Division indicating that each lot within the plat has been served with domestic water and fees have been paid. (3) All lots shall be provided with public sewer service according to YMC Title 12 standards and the temporary lift station agreement attached hereto as Exhibit B. Prior to final plat approval, written verification from the City of Yakima Engineering Department and Wastewater Division Manager must be provided to the Planning Division indicating that all sewer extensions and associated improvements have been completed and inspected or financially secured. Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 21 (4) A minimum 8 -foot -wide public utility easement shall be provided adjacent to all public road rights-of-way. (5) Easements for new and/or future utilities shall be a minimum of 16 feet in width, provided that the width of easements for buried utilities will be twice the depth of the planned excavation. (6) All public and private utilities shall be located underground, with the excep- tion of telephone boxes and such similar structures. (7) All public and private utilities to be located within public road rights-of-way must be constructed prior to the start of road construction. (8) In accordance with Table 2 and Map 5A of the West Valley Neighborhood Plan and YMC Title 12 Development Standards, prior to recording of the final plat, the applicant shall submit a revised plat and civil design plans to the City of Yakima Engineer for review and approval which provide for dedication of 60 feet of public right- of-way for Occidental Avenue for the full length of the subject properties for both PLP#003-16 and PSP#003-16 which meet the provisions of YMC §15.27.515 for construction within a floodplain. (9) In accordance with YMC Chapter 12.05, prior to recording of the final plat, the applicant shall construct Occidental Avenue with full curb, gutter, sidewalk and streetlights on both sides of the street, and an offset temporary cul-de-sac at the east property line of PSP#003-16. At the option of the applicant, the public street improvements and temporary offset cul-de-sac may be temporarily extended to the midpoint of Lot #4 of PSP#003-16 if the applicant enters into a deferral agreement with the City of Yakima agreeing to extend the improvements to the end of Lot #5 prior to any construction upon Lot #4 or Lot #5 of PSP#003-16. (10) In accordance with YMC Chapter 12.20, the public improvements for Occidental Avenue shall be inspected and approved in accordance with YMC Title 12 and Chapter 15.27 Part Four of the City of Yakima's Critical Area Ordinance prior to recording of the final plat. (11) Roads "A" and "C" shown on the preliminary plat shall meet the City of Yakima's Title 12 Development Standards, and shall be constructed with curb, gutter, and street lighting in accordance with YMC Chapter 12.06, and the applicant's preliminary plat dated April 22, 2016. Cottonwood Partners, LLC 22 S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLPH003-16; SEPA#011-16 & #003-17 OC. INDEX 1 Al (12) Road "B" shown on the preliminary plat shall meet the City of Yakima's Title 12 Development Standards for right-of-way width, design and installation of curb, gutter, sidewalk and street lighting. Additionally, the termini of the proposed road on the east end and on the west end lack the necessary temporary 65 -foot diameter cul-de-sacs required by YMC §12.06.050 and YMC §12.06.060. Therefore, in accordance with the previously identified sections of the Yakima Municipal Code, the applicant shall install temporary cul-de-sacs or other turnarounds approved by the City Engineer on the east and west ends of Road "B" and at the phase line of the proposed preliminary plat. (13) All mitigation measures of City of Yakima SEPA MDNS #011-16 as amended by SEPA Addendum #003-17 shall be complied with in their entirety. (14) Fire hydrants shall be placed at the locations specified by the Building Codes, Planning Division and the Yakima Fire Department. All lots must be provided with adequate fire flow. (15) All permits required by the Yakima Regional Clean Air Agency shall be obtained. (16) A final binding stormwater and drainage control plan for the entire property shall be submitted to and approved by the City's Stormwater Engineer which is capable of retaining the subject development's stormwater prior to any construction. (17) All addresses shall be as specified in Exhibit A of this recommendation. All addresses must be clearly shown on the face of the final plat as required by RCW 58.17.280. (18) This plat shall be subject to the following notes which must be placed on the face of the plat: a) The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. b) The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on- site. (19) Irrigation approval is required, and shall be shown on the face of the final plat. Cottonwood Partners, LLC 23 S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 OC. INDEX A MAY 2 r) 2017 CITY OF YAKIMA DIV (20) All other requirements of the zoning and subdivision ordinance, although not specifically set forth herein, shall be complied with in their entirety. (21) Upon preliminary plat approval, the applicant has five years to submit the final plat. Thereafter, 30 days prior to the expiration of said approval, the applicant must submit to the City Council a written request asking to extend the approval period for a maximum period of one year. DATED this 25th day of May, 2017. Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 24 Gary M. Caner, Hearing Examiner DOC. INDEX # A Lot 1 Lot 2 Lot 3 Lot 4 6205 Occidental Ave. 6204 Easy Street 6202 Easy Street 6203 Occidental Ave. EXHIBIT A Lot 19 6109 Occidental Ave._ Lot 20 6107 Occidental Ave. Lot 21 6106 Easy Street Lot 22 6104 Easy Street ECEIVED Lot 5 Lot 6 2202 S. 62nd Ave. 6200 Easy St. or 2204 S. 62"d Ave. Lot 23 6105 Occidental Ave. Lot 24 2202 S. 61" Ave. Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 Lot 16 Lot 17 Lot 18 2201 S. 62"d Ave. 2203 S. 62"d Ave. 2205 S. 62"d Ave. or 6114 Easy Street 6205 Easy Street 6203 Easy Street 6201 Easy Street 6117 Easy Street 6115 Easy Street 6113 Easy Street 6111 Easy Street 6109 Easy Street 6108 Easy Street Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 Lot 25 2204 S. 61 Lot 26 2206 S Ave. 1St Ave. or 6102 Easy St. Lot 27 2201 S. 61St Ave. or 6005 Occidental Ave. Lot 28 2203 S. 61' Ave. Lot 29 2205 5. 61St Ave. or 6004 Easy St. Lot 30 6005 Easy Street Lot 31 6007 Easy Street Lot 32 6101 Easy Street Lot 33 6103 Easy Street Lot 34 6105 Easy Street Lot 35 6107 Easy Street 25 AGREEMENT REGARDING ANDERSON ESTATES TEMPORARY LIFT STATION EXHIBIT B 1) Cottonwood shall have option of providing public wastewater facility connection through either (1) connecting by gravity flow to municipal sewer lines, or (b) constructing a temporary lift station to service the 35 lot subdivision and adjacent apartment buildings. The option must be selected, the design must be approved (see Section 3), and the facilities must be installed prior to final plat approval. 2) Cottonwood shall design and construct at its sole cost and expense the temporary lift station and install all necessary piping associated with the temporary lift station to service the 35 lot subdivision and, if necessary, the adjacent apartment buildings. Cottonwood shall execute and deliver all documents reasonable or necessary for transfer of ownership of the lift station and lines to the City. 3) The temporary lift station shall be designed pursuant to state requirements and as approved by the City Engineer and Wastewater Manager. The design must accommodate any potential future connections to the temporary lift station. 4) Cottonwood shall install piping for full gravity sewer service of the entire development as necessary for future connection to a gravity line that may eventually be extended to the eastern boundary of Cottonwood property and development. The size and location of that pipe shall be approved by the City Engineer. 5) Cottonwood agrees that the wastewater connection fees for the 35 lot subdivision and, if necessary, the adjacent apartment buildings, shall be paid in accordance with Section 7.58 of the City of Yakima Municipal Code. 6) Cottonwood shall pay the City the sum of $24,652.58 which is the proportionate cost decommissioning the temporary lift station and connecting the gravity portion of the sewer improvements to the City's gravity sewer system. This amount may be paid in five (5) equal yearly installments, the first of which is due as a condition to and at time of acceptance of the lift station by the City. Yearly installments shall be made on that same day for the following four years. Installment amounts must be, at a minimum, $4,930.52 per year. City shall determine the time for termination of temporary lift station use and connection to gravity system. If the temporary lift station use is terminated before the end of the five year payment term, Cottonwood shall pay the remaining balance due and owing to the City within thirty (30) days of notice of termination. 7) The temporary lift station shall be a public temporary lift station owned, operated and maintained by the City of Yakima and the City will assure Ecology that the temporary lift station is in compliance with the City's public sewer plan. Cottonwood Partners, LLC 26 S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 DOC. INDEX # -I 62 8) Cottonwood shall provide stub outs for the connection of adjacent parcels identified by the City Engineer and Wastewater Manager. 9) This Agreement shall be attached to the Hearing Examiner's Opinion and fully incorporated therein and become part of the development requirements of the property. U:\DebbieG\Apple Tree Development \Phase 4 \Altemantive - AGREEMENT REGARDING ANDERSON ESTATES.redline.docx Cottonwood Partners, LLC S. 64th Ave. & Occidental Ave. 35 -Lot Plat of "Anderson Estates" PLP#003-16; SEPA#011-16 & #003-17 27 DOC. INDEX /14-1* 63 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 EXHIBIT LIST CHAPTER A Staff Report A-1 Staff Report 03/23/2017 MSA.A. ISA%. TY OF YAKIMA 6rinng DEFyiRTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, A1CP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 asknianning@yakitnawa.gov • www.yakimawa.gov/servicestplanning 64 CITY OF YAKIMA PLANNING DIVISION'S FINDINGS OF FACT, CONCLUSIONS & RECOMMENDATION TO THE CITY OF YAKIMA HEARING EXAMINER for REQUEST FOR PRELIMINARY LONG PLAT Ar)r)Iication(s): PLP#003-16 SEPA#011-16, SEPA#603-17® & CAO#001 16 APPLICANT: Cottonwood Partners LLC APPLICANT ADDRESS: P.O. Box 8335, Yakima, WA 98902 PROJECT LOCATION: Vicinity of S. 64th Ave. and Occidental Rd., Yakima WA NAME OF PLAT: Anderson Estates TAX PARCEL NUMBERS: 181333-33038 DATE OF REQUEST: April 22, 2016 DATE OF RECOMMENDATION: March 23, 2017 STAFF CONTACT: Jeff Peters, Senior Planner I. DESCRIPTION OF REQUEST: On April 22, 2016, the City of Yakima Department of Community Development received an application for a Preliminary Long Plat (PLP#003-16) and State Environmental Policy Act Checklist (SEPA) (SEPA#011-16) requesting to subdivide 8.27 acres of Single -Family (R-1) zoned property into 35 Single -Family lots over the course of two phases. II. SUMMARY OF RECOMMENDATION: The Administrative Official recommends approval of the Preliminary Plat, subject to conditions. III. FACTS: A. Statement of Cause: Pursuant to YMC Ch. 14.20, the applicant's statement in the Preliminary Long Plat application dated April 22, 2016 — This proposed plat will subdivide 8.27 acres of Single - Family (R-1) zoned property into 35 Single -Family lots over the course of two phases. Lot sizes will range from approximately 6,748 sq. ft. to 11,289 sq. ft. B. Processing. 1. The application for a Preliminary Long Plat was received on April 22, 2016. 2. On May 24, 2016, the applicant's applications were determined to be incomplete due to missing information. 3. On June 13, 2016, the requested information was received, the applicant's application was determined complete for processing by the Planning Division, and additional information was requested in the form of a traffic study. DOC. INDEX Ya ki ma 2015 1994 65 4. On September 30, 2016, the Planning Division requested additional information in the form of revised plat maps showing the locations of the Federal Emergency Management Agency (FEMA) 100 -year floodplain. 5. On November 14, 2016, the applicant submitted the requested traffic study. 6. On October 5, 2016, the applicant submitted the revised plat maps showing the location of the FEMA 100 -year floodplain. 7. A combined Notice of Application and Environmental Review for the Preliminary Short Plat (PSP#003-16), Preliminary Long Plat (PLP#003-16), Class 1 Review (CL1#028-16), Critical Area Ordinance Review (CAO#001-16), and State Environmental Policy Act Review (SEPA#011-16) was mailed on August 3, 2016 to the applicant and adjoining property owners within a 300 -foot radius of the subject properties, requesting comments on the proposed applications. The twenty -day public comment period for these applications ended on August 23, 2016, with four comments filed for the master application. 8. Environmental and Critical Area Review for the proposed plat was conducted from August 3, 2016 to January 6, 2017. C. Public Notice: Public notice for this application and hearing was provided in accordance with YMC Title 14, Subdivision Ordinance; YMC Title 15, Urban Area Zoning Ordinance; and YMC Title 16, Development Permit Regulations, and include the following actions and dates: a. Date of Application: b. Date of Developer's Notice of Complete Application: c. Date of Notice of Application, Environmental Review and Public Comment: d. Date of Mailing of Notice of MDNS: Date of Notice of Public Hearing: e. Date of Posting of Land Use Action Sign on the Property: April 22, 2016 May 24, 2016 August 3, 2016 December 23, 2016 February 16, 2017 February 27, 2017 1. Public Comment: Four comments were received during the open public comment period. 2. Development Services Team (DST) Review: This proposal was reviewed by the DST team on May 10, 2016 and June 7, 2016. Final comments of the DST members are summarized below: a. Codes: i. Preliminary addressing for the Plat can be found in Exhibit "A". ii. Minimally, fire hydrants are required at 500 -foot intervals, or as per the required fire flow for any proposed structures per the 2012 International Fire Code. b. Engineering: This project requires Title 12 improvements, including but not limited to the following: i. 8.67 and 12.05 — New curb, gutter and sidewalk required within new development. Street section shall conform to standard detail R3. New sidewalks shall be constructed per standard detail R5. 7' sidewalks are required for Occidental Rd. (Minor Arterial). Note: Proposed Road `B' may not be allowed to connect to S. 64th Ave. if extended at same alignment due to close proximity to intersection of Occidental and S. 64th Ave. INDEX 2 66 ii. 8.64 — Driveways to be constructed per this chapter and standard detail R4. iii. 8.72 — An excavation and street break permit shall be obtained for all work within the public right of way. Refer to chapter 8 for requirements. Roads less than five years old can be cut, but will cost one hundred fifty percent of restoration fee with no PCI discount. iv. 12.02 — Easements will need to be established per this chapter. v. 12.06.050 - Phased developments or temporary dead-end streets shall provide for adequate temporary turnarounds between project phases or future street extension. The design shall provide for continuation of the full right-of-way width to the property boundary. vi. 12.06 — Street and right of way widths shall conform to this section unless otherwise approved. 50' of right of way is required for the residential new streets. Occidental Rd. is classified as a Minor Arterial, requiring a total of 80' of right of way. vii. 12.06.080 Street lighting - A street light shall be installed at each street intersection and at mid -block if the block exceeds five hundred feet in length. Street lights shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city viii. All frontage improvements shall be completed prior to Certificate of Occupancy. Civil engineering plans for public improvements shall be approved prior to issuance of building permits. c. Wastewater: i. All proposed public sewer is to be gravity flow to South 64th Avenue and/or to 52nd Avenue per 2013 Collections Master Plan. d. Stormwater: i. Minimally, all stormwater shall be retained on site. Specific retention goals and methods will be commented on when the parcels become developed and civil plans are submitted. e. Ahtanum Irrigation District: i. The subject plat is located within the boundaries of the Ahtanum Irrigation District. ii. Ahtanum Irrigation has concern over the increase in traffic to the area that the proposed plat will create on the existing street system. D. Environmental and Critical Area Review. 1. Environmental and Critical Area Review for this Preliminary Long Plat (PLP#003-16) was performed from August 3, 2016 to January 6, 2017. The resultant environmental decision was the issuance of a SEPA Mitigated Determination of Nonsignificance on December 23, 2016, which included nine binding conditions of approval as identified below. 2. On November 14, 2016, Cottonwood Partners LLC submitted a revised traffic study. 3. Then on January 25, 2017, Cottonwood Partners LLC submitted their revised SEPA Checklist. 4. In response to the submitted documents, the City of Yakima issued a SEPA Addendum (SEPA#003-17) amending conditions #8 and #9 of the SEPA MDNS (SEPA#011-16) DOC. iNDEX # r\--\ 3 67 to address minor changes in the Traffic Impact Analysis for the two developments, and allowing for grading and filling of 7,000 cubic yards of fill to be located outside of the 100 -year floodplain. SEPA #011-16 Amended MDNS Conditions of Approval: 1. All site-specific impacts for installation of utilities, frontage improvements, dust control, and stormwater facilities are sufficiently addressed and/or mitigated through the implementation of the City of Yakima's development standards. Compliance with all development standards are either required as a condition of approval as a part of the applicant's land use review, building permit approval, Preliminary Short Plat Decision (PSP#003-16), or Preliminary Long Plat decision (PLP#003-16). 2. Prior to any site grading or construction upon either plat: a. The applicant shall submit revised wastewater plans for review and approval by the Wastewater Division Manager and City Engineer, which serve the two developments with sewer in accordance with YMC Ch. 12.03, and the City of Yakima's Wastewater Collection System Master Plan. b. The applicant shall submit and gain approval from the City of Yakima Engineer and Nob Hill Water Association for sewer and water plans which are in compliance with YMC § 15.27.407, and are designed to minimize or eliminate infiltration of floodwaters into the systems. c. The applicant shall submit development plans to the City of Yakima Planning and Code Administration Division for review and approval which take into account all encroachments, fill, new construction, and all other development that is provided by a registered professional engineer which demonstrates through hydrologic and hydraulic analysis that all floodplain encroachments will not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce carrying capacity of the floodway, or increase flood levels during the occurrence of the base flood discharge in accordance with YMC § 15.27.411. 3. Prior to issuance of the Preliminary Short Plat Decision (PSP #003-16), the applicant shall submit a revised Preliminary Short Plat to the City of Yakima Planning Division relocating all buildings outside of the FEMA floodway in accordance with YMC § 15.27.411(D) & 412 (E). 4. All construction within the subject plats shall meet the floodplain development standards of YMC § 15.27.408 (A) and receive an individual floodplain elevation certificate. 5. All roads shall be constructed in accordance with YMC § 15.27.515. 6. All utilities shall be installed in accordance with YMC § 15.27.407, 7. All permits required by the Yakima Regional Clean Air Authority shall be obtained and a copy provided to the City of Yakima Code Administration prior to commencement of site preparation for both plats. 8. This MDNS authorizes the applicant to construct any combination of single-family or multi -family dwelling units of PLP#003-16, and PSP#003-16 up to a total of 75 dwelling DOC. INDEX 4 68 units with no more than 35 single-family dwelling units without improvement to the intersection of Occidental Rd. and S. 64th Ave. 9. Prior to construction of over 75 dwelling units: a. The applicant shall submit plans for review and approval to the City of Yakima Engineer for an intersection improvement such as a signal or roundabout at the S. 64th Ave./Occidental Rd. intersection which comply with YMC Title 12 and 15.27 Part Four. b. All intersection and street frontage improvements for City File Numbers: PSP#003-16 and PLP#003-16 shall be constructed and inspected in accordance YMC Title 12 and 15.27 Part Four. E. Transportation Capacity Management Ordinance. This application was reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management Ordinance on December 21, 2016. The Traffic Impact Study for this application found that the full build out of this development would result in a Level of Service (LOS) F at the intersection of S. 64th Ave. and Occidental Rd., which exceeds the City's minimum LOS D. Further analysis showed that the 35 single-family homes and up to 40 apartment units can be constructed while still maintaining a LOS D at the S. 64th Ave. and Occidental Rd Intersection. Prior to construction of additional apartments, the intersection of S. 64th Ave. and Occidental Rd. must be improved by the construction of a roundabout or traffic signal. Funding for the intersection improvements shall be borne by the developer. F. Comprehensive Plan. The 2025 Comprehensive Plan and Future Land Use Map UI -3 designate the subject property as suitable for Low Density Residential development. Low Density Residential is defined as - Primarily free standing single-family residences. Residential density is less than 7.0 dwelling units per acre. This is considered the lowest possible residential density that can efficiently support public services. The proposed preliminary plat is consistent with the Comprehensive Plan's goals and policies as follows: Goal 3.1: Provide for a broad distribution of housing in Yakima that meets the affordability and neighborhood design needs of the public. Policy 3.1.1.4: Development shall be located along Arterials or Collector streets and should have good access to public transit. Goal 3.2: Build sustainable new neighborhoods Policy 3.3.2: Ensure that new development is compatible in scale, style, density and aesthetic quality to an established neighborhood. G. Urban Area Zoning Ordinance. The main purpose of the Yakima Urban Area Zoning Ordinance (UAZO) and the Yakima Municipal Code (YMC) Title 15 is to implement the Yakima Urban Area Comprehensive Plan and promote the general health, safety and welfare of the present and future inhabitants of the Yakima Urban Area. YMC § 15.01.030 describes the purpose and intent DOC. !'DEX 69 to promote the purpose of the UAZO. Subsection 15.03.020(B) of the UAZO indicates that the intent of the Single -Family Residential (R-1) zoning district is to: 1. Establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of this district, which may include duplexes and zero lot lines if established during the subdivision process; 2. Preserve existing residential neighborhoods for detached single-family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; and 3. Locate moderate -density residential development, up to seven dwelling units per net residential acre, in areas served by public water and sewer system. Detached single-family dwellings are the primary use in this district. The district is characterized by up to sixty percent lot coverage; access to individual Tots by local access streets; required front, rear and side yard setbacks; and one and two-story structures. The density in the district is generally seven dwelling units per net residential acre or Tess. This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses within these zones are not allowed; except for public or quasi -public uses, which will be required to undergo extensive public review and will have all necessary performance or design standards assigned to them as necessary to mitigate potential impacts to adjacent residences. Development exceeding seven dwelling units per net residential acre may be allowed in accordance with Table 4-1. IV. APPLICABLE LAW: Applicable law for this application may be found in Exhibit "B" of this report. V. FINDINGS: 1. The subject property currently has several small accessory buildings upon the property, is approximately 8.27 acres in size, has a Future Land Use designation of Low Density Residential, and zoning of Single -Family Residential (R-1). 2. As the proposed plat is larger than nine lots, this application is being processed under the provisions of YMC Ch. 14.20 and YMC Ch. 6.88, of which a summary of the application process may be found above in section III (B) Processing. 3. Pursuant to RCW Ch. 58.17, YMC § 1.43.080 and YMC § 14.20.100, the City of Yakima Hearing Examiner is authorized to make a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation to the City DOC. NIDEX 6 70 Council on preliminary plats. Within ten working days of the conclusion of a hearing, unless the applicant agrees to a longer period in writing, the Examiner shall render a written recommendation, which shall include findings and conclusions based on the record. 4. Public notice for this public hearing was provided in accordance with the City of Yakima's Municipal Code as described above in item III (C) Public Notice. 5. URBAN AREA ZONING ORDINANCE (UAZO) A) Proposed Construction: This proposed preliminary plat is designed for single-family residences with lot sizes and development standards to match. B) Lot Size: The preliminary plat indicates that lot sizes will range from 6,748 to 11,289 square feet. Table 5-2 of Chapter 15.05 of the UAZO provides that the minimum lot size for single-family construction is 6,000 square feet. C) Lot Width: Table 5-2 of Chapter 15.05 of the UAZO prescribes that the minimum lot width for the R-1 zoning district is 50 feet. All proposed lots meet or exceed the minimum requirement. D) Lot Coverage: The maximum lot coverage permitted in the R-1 zoning district is 60% and all lots have sufficient area to comply with this development standard. E) Setbacks: YMC Ch. 15.05 Table 5-1 identifies the required setbacks for development within the R-1 zoning district. All lots within the proposed plat have sufficient area to meet the required setbacks. F) Maximum Building Height: YMC Ch. 15.05 Table 5-1 identifies that the maximum building height for development within the R-1 zoning district is 35 ft. As identified in the applicant's State Environmental Policy Act Checklist, the tallest structure will be less than 35 ft. in height thus complying with this standard. G) Residential Accessory Structures: Residential Accessory Structures are allowed to be constructed upon all lots of record provided they meet the provisions of YMC § 15.05.020 (E). H) Fencing: Fencing upon and behind property lines is allowed in accordance with YMC § 15.05.020 (G). I) Access: In accordance with YMC §15.05.020 (H), all lots have 20 ft. of frontage upon a public street, or are accessed by a 20 ft. access easement. J) Sidewalk: In accordance with YMC §.15.05.020 (J), the subject plat identifies that curb, gutter, and sidewalk is proposed to be constructed along all street frontages. K) Density: With a density of 4.2 dwelling units per net residential acre (5.31 du/nra with streets calculated out), the proposed preliminary plat complies with YMC § 15.05.030(B) and Table 4-1 of Chapter 15.04 of the UAZO which prescribe a maximum of seven (7) dwelling units per net residential acre in the R-1 zone. 1. The Preliminary Long Plat is occurring as a single action and thus the density calculation is based upon a single action of dividing 8.27 acres in to 35 residential lots. 2. The density calculations are listed below: Density for the proposed development as a whole: DOC, INDEX # - \ 7 71 X = 35 dwelling units / 8.27 acres X = 4.2 dwelling units per net residential acre Density with streets factored out calculation Square footage for total lots = -286,711.92 square feet 4286,711.92 square feet / 43,560 square feet per acre 4= 6.582 acres 4= 35 dwelling units / 6.582 acres 4= 5.31 Dwelling Units Per Net Residential Acre L) Streets/Dedication of Right-of-way: The subject property has street frontage upon Occidental Rd. Occidental Rd. is classified as a Collector Arterial street in accordance with Table 2 and Map 5A of the West Valley Neighborhood Plan, and requires a total dedication of right-of-way of 60 ft. Road "A - C" are all internal streets and are classified as Neighborhood Collector (MC3) streets by the City of Yakima's Transportation Plan, and as such requires a total street width of 50 ft. of right-of-way dedication. The proposed preliminary plat complies with this standard indicating widths of 60 ft. for Occidental Rd. and, and 50 ft. of right-of-way for all Neighborhood Collector streets. 3. PUBLIC INFRASTRUCTURE/TITLE 12 DEVELOPMENT STANDARDS: A. Street Improvements: a. Occidental Rd. has less than 10 ft. of dedicated right-of-way with no curb, gutter, sidewalk, streetlights, is presently 1,338 ft. in length, has no fire apparatus turn around, and is located within the FEMA 100 -year floodplain. Therefore, in accordance with Table 2 and Map 5A of the West Valley Neighborhood Plan and YMC Title 12 Development Standards, prior to recording of the final plat the applicant will required to: i. Submit a revised plat and civil design plans to the City of Yakima Engineer for review and approval which provide for dedication of 60 ft. of public right-of-way for Occidental Rd. for the full length of the subject properties for both PSP#003-16 and PLP#003-16, which meets the provisions of YMC § 15.27.515 for construction within a floodplain; ii. Construct a public street with full curb, gutter, sidewalk, streetlights on both sides of the street, and offset temporary cul-de-sac at the east property line of PSP#003-16. At the option of the applicant, the public street improvements and temporary offset cul-de-sac may be temporarily extended to the midpoint of Lot #4 of PSP#003- 16, provided the applicant enters into a deferral agreement with the City of Yakima agreeing to extend the improvements to the end of Lot #5 prior to any construction upon Lot# 4 or 5 of PSP#003-16; and iii. Be inspected and approved in accordance with YMC Title 12 and 15.27 Part Four of the City of Yakima's Critical Area Ordinance. Roads "A and C" identified on the preliminary plat meet the City of Yakima's Title 12 Development Standards, and shall be constructed with curb, gutter, and street lighting in accordance with YMC Ch. 12.06, and the applicant's preliminary plat dated April 22, 2016. DOC. INDEX r \ 8 72 c. Road "B" shown on the preliminary plat meets the City of Yakima's Title 12 Development Standards, for right-of-way width, design, and installation of curb, gutter, sidewalk, and street lighting. However, the terminus of the proposed road on the east and west ends of the proposed subdivision lack the necessary temporary 65 ft. diameter cul-de-sacs required by YMC § 12.06.050 and 12.06.060. Therefore, in accordance with the previous identified sections of the Yakima Municipal Code, the applicant will be required to install temporary cul-de-sacs on the east and west ends of road "B" and at the phase line of the preliminary plat, or submit a revised Preliminary Plat, which loops road "B" to connect with Occidental Rd. d. All driveways are to be constructed per YMC § 8.64 and standard detail R4, and dead-end streets shall provide for adequate turnarounds. B. Waste Water: a. There is presently a City of Yakima sewer main located within S. 64 Ave. with the existing capacity to serve the subject plat. However, due to the topographical characteristics of the subject properties, not all buildings within the subject development can be served with gravity sewer. The applicant has submitted plans which identify that the subject plats are to be served by an extension of the sanitary sewer as a public forced main running east within Occidental Rd. The City of Yakima does not accept the proposed design. Therefore, in accordance with YMC Ch. 12.03, the applicant shall submit revised wastewater plans for review and approval by the Wastewater Division Manager and City Engineer to serve the subject development with gravity sewer. Additionally, the approved public sewer shall be constructed, inspected, and approved by the City Engineer prior to approval of the final plat. b. A minimum sixteen foot easement shall be maintained over all public utility lines in accordance with YMC § 12.02.010 & 020. c. All lots with the subject plat shall be served by a separate side sewer line from a public main in accordance with YMC § 12.03.070. C. Potable Water: a. The subject plat is located within the service area of Nob Hill Water Company who has indicated that they have capacity to serve the subject development. Therefore, the applicant shall extend potable water to the subject plat in accordance with YMC § 12.04.10. D. Irrigation: a. The subject plat is located within the Ahtanum Irrigation District and therefore irrigation district approval is required upon the final plat. 4. SUBDIVISION ORDINANCE: As proposed, and with the recommended conditions, this preliminary plat meets all the design requirements of YMC Ch. 14.30 of the City's subdivision ordinance and the development standards of YMC Title 12. The recommended conditions are intended to ensure consistency with the provisions of the City's subdivision ordinance and that appropriate provisions are provided for the following: A) Public health, safety, welfare: The construction of new single-family dwellings will complement adjacent uses will promote the public health, safety and general welfare insofar as there is a need in this community for additional housing and insofar as this proposed preliminary plat would be required to comply with all applicable City DOC. INDEX R - 9 73 development standards, and all conditions of approval specified by the City of Yakima Hearing Examiner. B) Open spaces: The proposed lots are larger than the minimum lot size required in the R-1 zoning district. Lot coverage of 60% or less in the R-1 zoning district will provide adequate light and air for future residents in accordance with the standards in the zoning ordinance without additional open spaces. C) Drainage systems: Drainage system facilities will be provided in accordance with state and local regulations including the City of Yakima Municipal Code and the Eastern Washington Storm Water Manual. D) Streets, alleys, and other public ways: The subject property has frontage upon Occidental Rd., and proposes three new public streets to provide adequate access to all internal lots. E) Water supplies: Public water is required to be used for domestic and fire flow purposes. An adequate water supply for this development is available from Nob Hill Water Company. F) Sanitary waste disposal: Public sewer is required to service all lots within the subject development. A City of Yakima sewer main capable of serving the development lies along the west and south property lines of this development. G) Parks and playgrounds The SOZO Sport Complex is located approximately 0.66 miles from this proposed preliminary plat. The proposed preliminary plat is not located in a planned parks and recreation area. Provisions for parks and recreation areas are not necessary within the proposed preliminary plat due to the size, number, and location of the proposed lots and the existence of the SOZO Sports Complex. H) Sites for schools: The West Valley High School is located within approximately 1.71 miles of this subdivision and West Valley Middle School is located within 1.03 miles. No comments were received from the School District suggesting the need for an additional school at this location. I) Sidewalks: Sidewalks are required and will be provided along this development's frontage and internal streets. J) Public Transit: This proposed subdivision is not served by Yakima Transit. J) Serves the public interest and use: This proposed 35 -lot residential subdivision is consistent with neighboring land uses and better serves the needs of the City of Yakima than the undeveloped status of the property. 5. TIME LIMITATION: Upon preliminary plat approval, the applicant has five years from the date of preliminary approval to submit the final plat. Thereafter, 30 days prior to the expiration of preliminary approval the applicant must submit to the City Council a written request asking to extend the approval period for a maximum period of one year (YMC § 14.20.160 YMC). Before the final plat can be recorded, all required infrastructure must be engineered, completed DOC. INDEX 10 74 and inspected or engineered and financially secured and receive final plat approval from the City Council. VI. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction (RCW Ch. 58.17, YMC § 1.42.030, and YMC § 14.20.100). 2. This recommendation is based upon a project narrative and site plan received April 22, 2016. 3. This Preliminary Plat complies with the general requirements for subdivision approval as specified by YMC Ch. 14.20 and Ch. 15.05. 4. During project review it has been found that this request is in compliance with YMC §16.06.020 (B) for making a Determination of Consistency as follows: a. The proposed use is permitted within the R-1 zoning district. b. All necessary public facilities are available to serve this site. c. This proposal is consistent with existing development regulations for this location. 5. A Mitigated Determination of Nonsignificance (MDNS) was issued on December 23, 2016, for this proposed development, which was subsequently amended on February 14, 2017. 6. All impacts to the surrounding transportation system have been sufficiently mitigated through the issuance of City of Yakima's MNDS (SEPA#011-16). 7. This proposed plat serves the public use and interest and provides for the possibility of creating new additional housing within the City of Yakima. 8. This preliminary subdivision complies with the goals and objectives of the Urban Area Comprehensive Plan, the intent and purpose of the R-1 zoning district, the provisions of the Urban Area Zoning Ordinance, Subdivision Ordinance, Title 12's Development Standards, and Chapter 12.08 the Traffic Concurrency Ordinance. 9. The proposed plat complies with the provisions of RCW 58.17.110 and YMC § 14.20.100, providing appropriately for: the public health, safety, and general welfare, open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks, and other planning features that assure safe walking conditions for citizen of the neighborhood. VII. RECOMMENDATION The Planning Division recommends that this 35 -lot subdivision known as "Anderson Estates" be approved subject to the following conditions: 1. Prior to approval of the final plat, all approved improvements shall be constructed or financially secured according to the standards and requirements of the City Engineer and YMC Title 12. DOC. INDEX 11 75 2. All lots shall be served with public water from the Nob Hill Water Company. No individual domestic or irrigation wells shall be permitted for any of the lots. Prior to final plat approval, written verification from Nob Hill Water must be submitted to the Planning Division indicating that each lot with the plat has been served with domestic and fees paid. 3. All lots shall be provided with public sewer service according to YMC Title 12 standards. Prior to final plat approval written verification from the City of Yakima Engineering Department must be provided to the Planning Division indicating that all sewer extensions have been completed and inspected or financially secured. 4. A minimum 8 -foot wide public utility easement shall be provided adjacent to all public road rights-of-way. 5. Easements for new and/or future utilities shall be a minimum of 16 feet in width, provided that the width of easements for buried utilities will be twice the depth of the planned excavation. 6. All public and private utilities shall be located underground, with the exception of telephone boxes and such similar structures. 7. All public and private utilities to be located within public road rights-of-way must be constructed prior to the start of road construction. 8. In accordance with Table 2 and Map 5A of the West Valley Neighborhood Plan and YMC Title 12 Development Standards, prior to recording of the final plat, the applicant shall submit a revised plat and civil design plans to the City of Yakima Engineer for review and approval which provide for dedication of 60 ft. of public right-of-way for Occidental Rd. for the full length of the subject properties for both PSP#003-16 and PLP#003-16, which meets the provisions of YMC § 15.27.515 for construction within a floodplain; 9. In accordance with YMC Ch. 12.05, prior to recording of the final plat, the applicant shall construct Occidental Rd. with full curb, gutter, sidewalk, streetlights on both sides of the street, and offset temporary cul-de-sac at the east property line of PSP#003-16. At the option of the applicant, the public street improvements and temporary offset cul-de-sac may be temporarily extended to the midpoint of Lot #4 of PSP#003-16, provided the applicant enters into a deferral agreement with the City of Yakima agreeing to extend the improvements to the end of Lot #5 prior to any construction upon Lot #4 or 5 of PSP#003-16. 10. In accordance with YMC Ch. 12.20, the public improvements for Occidental Rd. shall be inspected and approved in accordance with YMC Title 12 and 15.27 Part Four of the City of Yakima's Critical Area Ordinance prior to recording of the final plat. 11. Roads "A and C" identified on the preliminary plat shall meet the City of Yakima's Title 12 Development Standards, and shall be constructed with curb, gutter, and street lighting in accordance with YMC Ch. 12.06, and the applicant's preliminary plat dated April 22, 2016. 12. Road "B" shown on the preliminary plat shall meet the City of Yakima's Title 12 Development Standards, for right-of-way width, design, and installation of curb, gutter, DOC. NDEX 12 \ 76 sidewalk, and street lighting. Additionally, the terminus of the proposed road on the east and west ends of the proposed subdivision lack the necessary temporary 65 ft. diameter cul-de-sacs required by YMC § 12.06.050 and 12.06.060. Therefore, in accordance with the previous identified sections of the Yakima Municipal Code, the applicant shall install temporary cul-de-sacs on the east and west ends of road "B" and at the phase line of the preliminary plat, or submit a revised Preliminary Plat, which loops road "B" to connect with Occidental Rd. 13. All requirements of City of Yakima Amended SEPA MDNS #011-16 as identified above in this decision shall be complied with in their entirety. 14. Fire hydrants shall be placed at the locations specified by the Building Codes, Planning Division, and the Yakima Fire Department. All lots must be provided with adequate fire flow. 15. All permits required by the Yakima Regional Clean Air Authority shall be obtained. 16. A final binding stormwater and drainage control plan for the entire property shall be submitted and approved by the City's Stormwater Engineer, which is capable of retaining the subject development's stormwater prior to any construction. 17. All addresses shall be as specified in Exhibit "A" of this report. All addresses must be clearly shown on the face of the final plat as required by RCW 58.17.280. 18. This plat shall be subject to the following notes, which must be placed on the face of the plat: a. The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. b. The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on-site. 19. Irrigation approval is required, and shall be shown on the face of the final plat. 20. All other requirements of the zoning and subdivision ordinance, although not specifically set forth herein, shall be complied with in their entirety. 21. Upon preliminary plat approval, the applicant has five years to submit the final plat. Thereafter, 30 days prior to the expiration of said approval the applicant must submit to the City Council a written request asking to extend the approval period for a maximum period of one year. 13 Exhibit "A" Addressing is suggested as the following, but is subject to change: LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 31 LOT 32 LOT 33 LOT 34 LOT 35 6205 Occidental Ave. 6204 Easy St. 6202 Easy St. 6203 Easy St. 2202 S. 62nd Ave. 6200 Easy St. or 2204 S. 62nd Ave. 2201 S. 62nd Ave. 2203 S. 62nd Ave. 2205 S. 62nd Ave. or 6114 Easy St. 6205 Easy St. 6203 Easy St. 6201 Easy St. 6117 Easy St. 6115 Easy St. 6113 Easy St. 6111 Easy St. 6109 Easy St. 6108 Easy St. 6109 Occidental Ave. 6107 Occidental Ave 6106 Easy St. 6104 Easy St. 6105 Occidental Ave. 2202 S. 61St Ave. 2204 S. 61St Ave. 2206 S. 61St Ave. or 6102 Easy St. 2201 S. 61St Ave. or 6005 Occidental Ave. 2203 S. 61St Ave. 2205 S. 61St Ave. or 6004 Easy St. 6005 East St. 6007 Easy St. 6101 Easy St. 6103 Easy St. 6105 Easy St. 6107 Easy St. DOC. INDEX 77 14 78 Exhibit "B" A. YMC § 15.03.020 (B) Single -Family Residential (R-1) zoning district: The Single -Family Residential district is intended to: 1. Establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of this district, which may include duplexes and zero lot lines if established during the subdivision process; 2. Preserve existing residential neighborhoods for detached single-family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; and 3. Locate moderate -density residential development, up to seven dwelling units per net residential acre, in areas served by public water and sewer system. Detached single-family dwellings are the primary use in this district. The district is characterized by up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and one and two story structures. The density in the district is generally seven dwelling units per net residential acre or less. This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses within these zones are not allowed; except for public or quasi -public uses, which will be required to undergo extensive public review and will have all necessary performance or design standards assigned to them as necessary to mitigate potential impacts to adjacent residences. Development exceeding seven dwelling units per net residential acre may be allowed in accordance with Table 4-1. B. YMC § 15.05.020 (H): Site design requirements and standards: Access Required: All new development shall have a minimum of twenty -feet of lot frontage upon a public road or be served by an access easement at least twenty feet in width. The purpose of this standards is to provide for vehicular access to all new development; provided, the construction of single-family on existing legally established lots is exempt from the requirements of this section. C. YMC § 15.05.030 (A): Creation of new Tots — Subdivision Requirements: Table of Subdivision Requirements: Establishes basic development criteria for lot size and width that must be met when reviewing an application for a new subdivision. For single family dwelling construction in the R-1 zoning district, the required minimum lot size is 6000 square feet. DOC. INDEX 15 79 D. YMC § 15.05.055(1) New Development Improvement Standards Fire apparatus access roads for multiple -family residential developments and one- or two- family residential developments shall be subject to the provisions of Sections D106 and D107, respectively, of Appendix D of the International Fire Code (2009 Edition). Additionally, such residential developments shall be subject to the requirements of Section D105 of Appendix D, International Fire Code (2009 Edition), pertaining to aerial fire apparatus roads, as applicable. All provisions of the International Fire Code referenced above are hereby adopted and incorporated herein by this reference, as now existing or as hereafter amended and adopted by the city. Minimum requirements for the primary and secondary access will be at least twenty feet wide, unobstructed, paved lanes. E. YMC § 12.02.010 Establishment of Easements: Public utility easements shall be established for the location of new and proposed public utility lines serving new land divisions and land development. Public utility easements shall also be established across the front of new Tots and redeveloped lots to provide for future utility access as determined necessary by the city engineer. Public utility easements shall be dedicated (granted) at the time that subdivision and/or land use approval is granted. F. YMC § 12.02.020 Easement location and width: Eight -foot -wide utility easements shall be dedicated along the front of each lot in subdivisions and short subdivisions. Easements for new and/or future utility lines shall be a minimum of eight feet in width, or twice the buried depth of the utility, whichever is greater. G. YMC § 12.03.010 Sewer service required: All new lots and development shall be served by a sanitary sewer line located adjacent to the lot or development site. H. YMC § 12.03.040 Minimum sewer line size: The minimum size for public sewer lines is eight inches in diameter. YMC § 12.03.070 Side sewer service: Each building containing sanitary facilities shall be served by a separate private side sewer line from a public main. Branched side sewers serving multiple buildings and properties shall not be permitted. Single side sewers serving multi -unit buildings are permitted. J. YMC § 12.03.040 Minimum sewer line size: The minimum size for public sewer lines is eight inches in diameter. K. YMC § 12.03.070 Side sewer service: Each building containing sanitary facilities shall be served by a separate private side sewer line from a public main. Branched side sewers serving multiple buildings and properties shall not be permitted. Single side sewers serving multi -unit buildings are permitted. INDEX 16 80 L. YMC § 12.03.090 Gravity flow required: Sewer lines shall be designed for gravity flow operation. Lift stations and force mains (pressurized lines) shall be limited to those locations and circumstances where they are consistent with the comprehensive sewer plan and are the preferable short-term solution to service of the development site and other properties in the vicinity. (Ord. 2001-13 § 17, 2001: Ord. 98-64 § 1 (part), 1998). M. YMC § 12.04.010 Water service required: All new lots and development shall be served by a public water supply line maintained by the city of Yakima, Nob Hill Water Company, or other water purveyor, and located adjacent to the lot or development site. The water line shall be capable of providing sufficient flow and pressure to satisfy the fire flow and domestic service requirements of the proposed lots and development as approved by the city Engineer in cooperation with the code administration manager and water irrigation division manager. N. YMC § 12.04.020 Water line extension required: Water lines shall be extended to the point where the adjoining property owner's responsibility for further extension begins. This typically requires extension across the street or easement frontage of the developing property. In some cases it will require dedication of on easement and a line extension across the property or extension along two or more sides of the developing property. Extensions will be consistent with and implement the City's adopted water comprehensive plan. O. YMC § 12.04.040 Minimum size and material standards: New water lines in the city of Yakima water system shall be constructed of Class 52 ductile iron and shall be a minimum of eight inches in diameter. Improvements and additions to the Nob Hill Water Company system shall conform to the requirements of Nob Hill Water Company. P. YMC § 12.05.010 Sidewalk installation required: "Sidewalks shall be installed along both sides of all new, improved, and reconstructed streets..." Q. YMC § 12.06.010 Street types, functional classification: The Yakima urban area comprehensive plan, and/or the West Valley neighborhood plan, designates the functional classification of the principal arterial, minor arterial and collector streets and establishes their functional classification. All other streets are classified as local residential access. R. YMC § 12.06.030, final design of street improvement standards is subject to approval by the city engineer. The engineer, at his/her sole discretion, may adjust these standards to facilitate construction of new streets and improvements of existing streets. S. YMC § 12.06.050 Cul-de-sac streets: DOC. INDEX 17 81 Cul-de-sacs shall be constructed within a street right-of-way eighty feet in diameter and have an improved diameter of sixty-five feet. The maximum length of a cul-de-sac street shall be six hundred feet measured along the street centerline from the nearest through street intersection to the center of the cul-de-sac. T. YMC § 12.06.070 Provision of street curbing: Barrier curbs shall be installed along all public streets. Rolled mountable curbs may be permitted along residential access streets. Curb design shall be consistent with the standards of the city engineer. U. YMC § 12.06.080 Street lighting: A street light shall be installed at each street intersection and at mid -block if the block exceeds five hundred feet in length. Streetlights shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city. V. RCW 58.17.280 and YMC Ch 14.15.090 — Naming and numbering of short subdivisions, subdivisions, streets, lots and blocks: Any city, town or county shall, by ordinance, regulate the procedure whereby short subdivisions, subdivisions, streets, lots and blocks are named and numbered. A lot numbering system and a house address system, however, shall be provided by the municipality for short subdivisions and subdivisions and must be clearly shown on the short plat or final plat at the time of approval. W. RCW 58.17.110 and YMC 14.20.120: The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication. DOC. INDEX i4f, \ 18 82 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 EXHIBIT LIST CHAPTER B Vicinity Map VICINITY MAP 83 MI1`Ilk /II ■ ■t%% 1\_ Pla CITYnnOF YAKIinMA File Number: PLP#003-16 Project Name: COTTONWOOD PARTNERS LLC — "ANDERSON ESTATES" Site Address: Vicinity of S 64th Ave & Occidental Rd I L 1 1;46.r�: V4ii 1:1 •at .n f \ rvsor�e{�� \IMMIM=11Or.Lidi [SIIiSP SITE Proposal: Proposed long plat that will subdivide approximately 8.27 acres into 35 single-family lots in the R-1 zoning district over the course of two phases of development. Contact the City of Yakima Planning Division at (509) 575-6183 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information pr r for any action taken, or action not taken by the user in reliance upon any maps or information pale :. &rein. INDEX #22:I 84 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 EXHIBIT LIST CHAPTER C Site Plan SITE • t • • :.":". mccut_Lauqm ROAD thriarreFaoliROAV VICINITY MAP - N.T.S. R/W 0.17 CRUSHED SURFACING -TOP COURSE (COMPACTED DEPTH) 4" CONCRETE SIDEWALK CEMENT CONCRETE EURO GUTTER 3,02 2.04 :W‘Wr3aWggSM.,VgnrLtalnqFat:V,WWW:M§W3SMeaaaMimfts%,,j COEPAC1ED SUB GRADE 07 HMA cL. vr PG 84-28 (COMPACTED DEPTH) OV CRUSHED SURFACING - BASE COURSE (COMPACTal DEPTH) CITY OF YAKIMA - RESIDENTIAL SECTION (INTERIOR PLAT ROAD) NOT TO SCALE A 85 11.4.07' 1/4 .7GU37 2.1:W 3,113,-,WM LiM 7031E23 SW ,, SEC. 33, W.M. SEE Left 2N-1402 130: 1328.01' N 892927 w S 892728 E 288E1.13' -.4-77W0-2 UGHT PRELIM; NARY PLAT OF "ANDERSON ESTATES' (A PORTION OF THE SOUTHWEST 1/4, SOUTHWEST 1/4, SECTION 33, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.) RECEIVED APF 2 . 2011-i an( OF YAKIMA PLAFFO!G INV 1334.07' 113N 14180 WUI 700 4177 7031022 733,3,01 89'2E127" W 5 7/4 003.. WW 7738, 11170 '48 135'170.' 81 0.17. CRUSHED SW3WWW-TCP EVA% 307E0 t 4- MICEE1E 2,1-14 44 4 8.40371171 2 c K023:adnaiMingfAvsmatokx:24,4,5Maratat&BOWEVAMWWW- .14;7" 71 3,0 00MP401E0 SUB GRADE 0.57 HMA 01. 1/2' PC 84-28 (COMPACTED DEPTH) ON CRUSHED SURFACING - SASE COURSE (COMPACTED DEPTH) CITY OF YAKIMA - RESIDENTIAL SECTION (OCCIDENTAL ROAD) NOT TO SCALE wAx LEGAL ES P1 WARM NO, 181331-3 2) THE SOUTH 353 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST WARIER Cf SECTION 33, TOWNSHIP 13 NORTH, RANCE 18 EAST, WAN DICEPT THE NEST 282 FEET THEREOF; AND EXCEPT THE SOUTH 198 FEET OF THE IIEST 255.35 FEET THERECf; AND EXCEPT THE EAST 11285 FEET IT RE VEST 77255 FEET OF THE SOUTH 198 FEET THEREOF; AND EXCEPT THE SC9.1111 5 FEET THEREOF GRANTED TO 1)81 OTY Cf YAKIMA BY QUIT cum ow 4.1150. 7740309. SITUATE IN MONA COUNTY. WASHINGTON. NOTES: 1. 8128.8101 PROPERTY IS ZONED 5-1, MOLE -EMILY RESIDENTIAL 2. STREU IMPROWIENTS SHALL CONFORM TO OTT Cf 'DAIWA STANDARDS FOR PLAT REVEM BY Ply OF y 4. ALL STORM WATER GENERATED BY NEW 116798601.15 SURFACES TO BE RETAINED AND DISPOSED OF ON STE IN ACCORDANCE MTH CITY OF YAKIMA STORMWATER ENGINEERING DIVISION REQUIREMENTS. 5. WATER IS PROPOSED IQ BE PROM= BY NOB TILL WATER WATER SYSTEM, INCLUDING VALLES. FT:DINGS, AND FIRE HYDRNIT LOCATIONS, TO BE DESIGNED AND CONSTRUCTED BY NOB HILL WATER CO. FIRE HYDRANT LOCATIONS NOT YET DETERMINED AND NOT SHOWN COI THIS PLAN. O. PPM, TV CABLES, TELEPHONE CAKES AND NATURAL GAS MANS ARE NOT SHOWN ON THESE PLANS BUT ARE TO BE =ATM WITHIN THE PUBLIC UTILITY EASBIDAT. DEVELCPER TO COORDINATE MTH THE MIMING UTIUTY COMPANY ECM DEEM AND INSTALLATION OF THEN FAOLITIES. 7. TYPICAL BUILDING SETBACKS - 45' FRONT SETBACK FROM CENTERLINE OF RIGHT OF WAY, 4CY SDE SETBACK FR09 CENTERLINE Cf RIGHT OF WAY, 5' SIDE SETBACK FROM PROPERTY UNE, AND 15' REAR SETBACK F9741 PROPERTY LINE DEVELOPER COTTONWOOD PARTNERS, LLC P 0. BOX 8335 YAKIMA, WA 98908 DATUM VATiON AT THE INTERSECTION OF 66TH YAKIMA COUNTY ALUMINUM CAP AVE. AND OCCIDENTAL RD. ELEVATION: 1183.515 (NAI1D88) ENGINEER/SURVEYOR HLA ENGINEERING AND LAND SURVEYING, INC 2803 RIVER ROAD YAKIMA, WASHINGTON 98902 MICHAEL R, HEIT, PE TIM FRIES, PLS (509) 966-7000 181333-33038 PARCEL NO HL .R,neneerm. g and Land sury 2803 River Road YAkims, WA 98902 509.966.7000 Fax 509.965.3800 www.hlacivil.com JOB NUMBER: DATE: 16025 3-21-16 REVISION FILE NAMES: DRAWING: 16025plat.dwg PLAT OF ANDERSON ESTATES CITY OF YAKIMA, YAKIMA COUNTY, WASHINGTON COTTONWOOD PARTNERS REVIEWED BY: MRH/ETH DATE ENTERED BY: TDF PRELIMINARY PLAT SHEET OF 86 PRELIMINARY PLAT OF "ANDERSON ESTATES" (A PORTION OF THE SOUTHWEST 1/4, SOUTHWEST 1/4, SECTION 33, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.) 70-'R 2wth v OF `F /-W ft A IuJ Z (DW TED 2. 40 PHASE 1 PHASE 2 9 m X LOT 10 10,136± SF LOT 11 7,000t SF LOT 12 7,000t SF LOT 13 LT14 7,000t SF SF LOT 15 68 7,000± SF LOT 16 7,000± SF LOT 17 7,000± SF LOT 35 LOT 34 7,000± SF 7,000t SF LOT 32 7,000± SF LOT 31 - 7,000± SF h. LOT 30 10,000± SF 10 PUBIJC UTILITY ESMT (Tv.) 11 el se R/Y,- MOOT 253.45' NEW NOB MALL 74.00' N 593130- 15 3.35' LOT 2 7,474± SF ,401t SF LOT 6 7,589t SF 10 PUBLIC UMW,' ESMT (TW.) LOT 9 6,902* SF LOT ,48 11,2 SF 10 PUE1UC U111.1TY MUF (nP.) LOT 21 LOT 22 8,700± SF g 8,200t SF • LOT 26 7,265± SF LOT 29 9,002± SF 5 50'31.30. E 105.00' 7,012t SF 50R/W LOT 25 I 29,55' 10 PUBUC UTILITY ESMT (TIP.) 7,350t SF LOT 28 9,089± SF HOUSE LOT 4 .8• • 7,992± SF 6" WELL LOT 5 8,177t SF LOT 19 10,314t SF LOT 23 8,858± SF 6,748± SF 10 5.0 0' LOT 24 7,054t SF 16. 74. - - OCCIDENTAL AVE. OF Y IMA SEVER -FORCE MAIN PROPOSED DEVELOPMENT "ANDERSON PARK" HL Engineering and Land Surveying, Inc. 2803 River Road Yakima, WA 98902 509.966.7000 Fax 509.965.3800 www.hlacivil.com JOB NUMBER: 16025 DATE: 3-21-16 FILE NAMES: DRAWING: 16025p1at.dwg COTTONWOOD PARTNERS PLAT OF ANDERSON ESTATES CITY OF YAKIMA, YAKIMA COUNTY, WASHINGTON 2 42 t.S- REVISION DATE REVIEWED BY: MRH/ETH ENTERED BY: TDF PRELIMINARY PLAT SHEET 2 OF 2 87 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 EXHIBIT LIST CHAPTER D DST Review & Agency Comments D-1 Comments from Glenn Denman, Building Official 05/02/2016 D-2 DST Request for Comments 05/05/2016 D-3 Comments from Randy Meloy, Surface Water Engineer 05/09/2016 D-4 Comments from Mike Shane, Water/Irrigation Engineer 05/16/2016 D-5 Comments from Carolyn Belles, Permit Project Coordinator 05/26/2016 D-6 2nd DST Request for Comments 06/03/2016 D-7 Comments from Scott Schafer, Public Works Director 06/07/2016 D-8 Comments from Dana Kallevig, Utility Project Manager 06/10/2016 DIcry OF AIO A arming 88 DST COMMENTS Project Name: Cottonwood Partners LLC — "Anderson Estates" File Number: PLP#003-16 T DOC. INDEX # 8 89 Maxey Lisa From: Schafer, Scott Sent: Tuesday, June 07 20I6 12:11 PM To: Maxey, Lisa Cc: Davenport, Joan; Cutter, Jeff Subject: FW: DST Request for Comments for June 7th Meeting Attachments: DST Request for Comments_ Cottonwood Partners Anderson Estates PLP# 003 I6.pdf;OSTRequestfor[omments_[ot1onvvoodPartnersLL[ Anderson Park PSP CL1 CAO.pdf Lisa, Please see my email below regarding the Anderson Estates project. | am having staff review this closely and we will be bringing back our information from previous years as to how these parcels are to be properly sewered by having the developers extend sewer in accordance with Title 12. This will continue to be a political hot button with these particular developers and is why | have included both Joan and Jeff. Engineering (Brett) was also included in an earlier email as he was part ofthe debate back in the day as well. Thank you, Scott From: Schafer, Scott Sent: Friday, June 03, 2016 4:05 PM To: Kallevig, Dana; Shane, Mike Cc: Price, Mike Subject: FW: DST Request for Comments for June 7th Meeting Mike and Dana, As you may alreacly be aware, this particular project is not to connect their wastewater lines into Wellington Estates that is located due north. Back in 2009, we went round and round with these developers to extend sewer from Washington Ave down 52" and over or to extend the sewer from 38th Ave. over to ensure the basins and sub -basins were adequately served within this area. Not sure where they are at with this as it is unclear due to the enclosed site plans. It does however appear as if their proposal includes Iift-stations. The City does not want to maintain any more lift -stations; only as an absolute last resort. Can you provide any more information about this project? Thanks, Scott From: MaxeyLisa Sent: Friday, June 03, 2016 3:37 PM To: Martin, Trevor; Belles, Carolyn; Belton, Chance E.; Bond, Jeff; Brown, David; Caruso, Joe; Cawley, Marc; Crowell, Eric; Cruz, Julia; Cutter, Susie; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Dellinger, Carissa; Denman, Glenn; DiannaVVood*CountyF|ood[ontro|0s1rict;F|oyd'Bruce;FutreU,Kevin;GreQLeadon;Hazen,EUena;|barra'Rose|inda; ]asonEadex-YakinnaCountyP|annin8'Zonino/Su[;]ohnDicknoan,Yakima-Tieton|rhQadmnDistrct;]one4Gaqy;Ka|levig, Dana; Layman, Randy; Lynn Deitrick-Yakima County Planning; Maxey, Alvie; Meloy, Randy; ob Hill Water - Bob Irving; Nob Hill Water Dave England; Nob Hill Water - Kimberly Fear; Peters, Jeff; Pet 41' ebert;Ridd|e, 1 INDEX # -1 90 Dan; Rosenlund, Joseph; Rossignol, Linda; Sanders, Jenise; Schafer, Scott; Schneidei, Royale; Shane, Mike; Sheffield, Brett; Smith, Valerie; Soptich, Mark; Tabert, Randy; Terry Keenhan-County Flood Control District; Vern Redifer-Yakima County Public Services Director; Wantland, Wayne; Wilkinson, Kenneth; Zamnnarchi, Loretta Subject: DST Request for Comments for June 7th Meeting Good afternoon, Please see the attached DST Request for Comments. The attached applications have been scheduled for review at our June 7th DST meeting. Should you have any questions, please contact assigned planner Trevor Martin at (509) 575-6162 or by email at trevoThank you! Lisa Department Assistant City of Yakima "'tannin Division (509)576'6669-w=^,x"uavy@yuama*u.gor 129 N. 2nd St. Yakima, WA 98901 2 DO INDEx QTY TTT 'YAKIMA rianning To: From: Subject: Applicant: File Number: Location: Parcel Number(s): DST MEETING DATE: City of Yakima Development Services Team Request For Comments June 3, 2016 City of Yakima Development Services Team Trevor Martin, Associate Planner Request for comments Cottonwood Partners LLC PLP#003-16 (SEPA#011-16) Vicinity of S 64th Ave & Occidental Rd 18133333038 6/7/2016,' Proposal 91 The City of Yakima Department of Community Development has received an application from Cottonwood Partners LLC for a proposed long plat that will subdivide approximately 8.27 acres into 35 single-family lots in11. the R-1 zoning district over the course of two phases of development. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held June 7, 2016, at 2:00 tam. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is trevor.martin©yakimawa.gov and the Planning Department's fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6162. Comments: Contact Person Department/Agency OC. INDEX $ 92 P arming DST COMMENTS Project Name: Cottonwood Partners LLC — "Anderson Estates" File Number: PLP#003-16 T LINK LOT 11 7,0003 SF It Pew LOT 12 7,000± SF LOT 13 7,0001 SF . 0.3 PRELIMINARY PLAT OF ® g "ANDERSON ESTATES' (A PORTION OF THE SOUTHWEST 1/4, SOUTHWEST 1/4, SECTION 33, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.) APR. G IIllfi I F UE 1•ACiwin PHASE 1 PHASE 2 LOT 14 LOT 18 " LOT 16 ' LOT 17 7,0003 SF . 6 7,0001 SF 7,000! SF S =. 7,000±SF k x113. 2/// ee ^J • 1.072R - LOT3 LOT6 7,4741861 g E 7,401± SF 3 7,5691 SF • _&-a P.*f •• T. aa4r 1 LOT1 LOT4 LOT6 7,965±SF FS 7,9926 SF ksp 6,1771 SF n.rt.n.r- I'•'1 LOT 35 LOT34 • LOT 33 LOT32 7,000_ SF 7,0001 SF k 7,0003 SF 7,0001 SF i • -"•----------+Ii;'x,x.srs]�•�r=�,r7��-fren a=..r. e _ -_--- ; �T . •L"x witty 07:,9 067- 37.E SF POW 03 - Ore L LOTS t**'•' $' 7,0123 SF e. 4 n 3 I.077 11 c 6.798± SF r' / +•1.AT 1I aow..m M .waru.em*a.t!.anal 41 _'1 • ����_.�` 4 -fin ��� _ =±} r ..r 0 ((//° LOT21 8,7003 SF 4 6,LOT22 20±057 }Paw 9t LOT 29 7.26S* SF 7 0J01 - *dm • 02/ LOT 25 7,3501 SF 1 LOT 31 7,000± SF hC�l' 7 3 LOT 30 10,0003 SF &C,67_'; LOT 19 10,3141 SF '4. LOT 20 • LOT23 - 9,3971 SF 4 / _8,8581 SF L� im Iar e‘,/ c3- �fj, yl wi ...R MCVENTAL AVE Cr +rMx LOT 24 L 7,054± SF e.HLA En*incering and Land Surveying, Inc. 2803 Rivet Road Yakima, WA98932 509.966.7000 Fax 509,965.3800 www.Lla±iviLcom PROPOSED DEVELOPMENT "ANDERSON PARK" 1 JOB NUMBER: DATE: 15025 3-21.10 FILE NAMES: ORAWINO: 16025510 t ± 9 LOT 29 9,W218F 9 LOT 28 R, 9,069t SF •101 .r LOT27 8,745t SF • 0 COTTONWOOD PARTNERS PLAT OF ANDERSON ESTATES CITY OF YAKIMA, YAKIMA COUNTY, WASHINGTON sreasop WSE RF VIEWED 010 .N3I1/ETM ENTr REU BY: TDF PRELIMINARY PLAT 54_ET Of 94 DATE: May 16, 2016 TO: Jeff Peters, Supervising Planner FROM: Mike Shane, Water / Irrigation Engineer RE: PLP #003-16, SEPA#010-16 — Vicinity of S. 64th Ave. & Occidental Rd. – Cottonwood Partners LLC Project Description – Proposed long plat that will subdivide approximately 8.27 acres into 35 single-family lots in the R-1 zoning district over the course of two phases of development. This project requires Title 12 improvements, including but not limited to the following: 8.67 and 12.05 – New curb, gutter and sidewalk required within new development Street section shall conform to standard detail R3. New sidewalks shall be constructed per standard detail R5. 7' sidewalks are required for Occidental Rd. (Minor Arterial). Note: Proposed Road 'B' may not be allowed to connect to S. 64th Ave. if extended at same alignment due to close proximity to intersection of Occidental and S. 6411' Ave. 8.64 – Driveways to be constructed per this chapter and standard detail R4. 8.72 – An excavation and street break permit shall be obtained for all work within the public right of way. Refer to chapter 8 for requirements. Roads less than five years old can be cut, but will cost one hundred fifty percent of restoration fee with no PCI discount. 12.02 –Easements will need to be established per this chapter. 12.06.050 - Phased developments or temporary dead-end streets shall provide for adequate temporary turnarounds between project phases or future street extension. The design shall provide for continuation of the full right-of-way width to the property boundary. 12.06 – Street and right of way widths shall conform to this section unless otherwise approved. 50' of right of way is required for the residential new streets. Occidental Rd. is classified as a Minor Arterial, requiring a total of 80' of right of way. 12.06.080 Street lighting - A street light shall be installed at each street intersection and at mid - block if the block exceeds five hundred feet in length. Street lights shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city All frontage improvements shall be completed prior to Certificate of Occupancy. Civil engineering plans for public improvements shall be approved prior to issuance of building permits. DOC. INDEX Mike Shane - Water/Irrigation Engineer (509) 576-6480 Fax (509) 575-6187 mike.shane@yakimawa.gov CITY 0" YAKI A r arming 95 CITY OF YAKIMA PLANNING DIV S ON DST COMMENTS Project Name: Cottonwood Partners LLC — "Anderson Estates" File Number: PLP#003-16 INDEX PIc nohying To From: Subject: Applicant: City of Yakima Development Services Team Request For Comments May 5, 2016 City of Yakima Development Services Team Jeff Peters, Supervising Planner Request for Comments Cottonwood Partners LLC 96 File Number: Location: Parcel Number(s): DSTMEETINGDATE: PLP#003-16 & SEPA#010-16 Vicinity of S. 64th Ave. & Occidental Rd. 181333-33038 5/10/2016 Proposal Preliminary Long Plat to subdivide approximatly 8.27 acres of property into 35 single-family lots in the Single - Family Residential (R-1) zoning district. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held May 10, 2016, at 2:30 p.m. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is jeff.peters@yakimawa.gov and the Planning Departments fax number is (509) 575-6105. Should you have any questions, or require additional information, please call me at (509) 575-6163. Comments: Contact Person Department/Agency DOC. INDEX 97 CITY OF YAKIMA PLANNING D VIS ON DST COMMENTS Project Name: Cottonwood Partners LLC — "Anderson Estates" File Number: PLP#003-16 e hyo i #;� ,,.f , , n 051021 u r 201 DOC. INDEX s__n 98 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 EXHIBIT LIST CHAPTER E SEPA Checklist SEPA Checklist (addendum) 01/25/2017 PURPOSE OF CHECKLIST ENVIRONMENTAL CHEC STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC 197-11-960) YAKIMA MUNICIPAL CODE CHAPTER 6.88 ST 99 The State Environmental Policy Act (SEPA), RCW Ch. 43.21C, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can bedone)and to help the agency, decide whether an EIS is required. NSTRUCTIONS FOR Pi CANTS This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. � P USE OF IC ECKLIST FOR NONPROJECTPROPOSALS Complete this checklist for non -project proposals, even though questions may he answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non -project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND INFORMATION (To e c pleted by the app ca . Name Of Proposed Project (If Applicable): Anderson Park and Preliminary Plat of Anderson Estates . Applicant's Name & Phone: Cottonwood Partners, LLC (509) 949-0125 . Applicant's Address: P.O. Box 8335, Yakima, 4. Contact Person & Phone: Le A 98908 Miller, (509) 949-0125 5. Agency Requesting Checklist: City of Yakima . Date The Checklist Was Prepared: Originally Prepared: Revised 07/2014 ay 26, 2016 Revised: January 23, 2017 gECEIVED JAN 2 5 2017 CITY OF YAKIMA PLA. 2.! DIV. INDEX NEN- Page 4 100 7. Proposed Timing Or Schedule (including Phasing, If Applicable): Original Response: The project encompasses two separate construction projects. The Plat of Anderson Estates will be developed in two phases, and anticipate construction starting in Fall, 2016. The Anderson Park development will he developed in five phases, and anticipate construction starting in Fall, 2016, and continue until complete based on market conditions. Revised Response: The project encompasses two separate construction projects. The Plat of Anderson Estates will be developed in two phases, and anticipate construction starting in Fall, 2017. The Anderson Park development will be developed in five phases, and anticipate construction starting in Fall, 2017, and continue until complete based on market conditions. 8. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: This SEPA is in conjunction with a Preliminary Short Plat Application for Anderson Park and construction of the proposed residential buildings. The property will not be fully developed upon completion of this project, additional development may be possible in the future. 1 lowever, there are no plans for additional development at this time. This SEPA is in also in conjunction with a Preliminary Long Plat Application for Anderson Estates and construction of the proposed residential buildings. The property will be fully developed upon completion of this project. 9, List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: The applicant is not aware of any specific environmental information which has been prepared for this property. 10. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: YES, a Type 1 and short plat is being filed for the property south of Occidental Road, and a long plat is being filed for the property north of Occidental Road. Occidental Road improvements are proposed to be constructed by whichever project commences construction first. 11. List any government approvals or permits that will be needed for your proposal, if known: City of Yakima — Preliminary Plat Approval City of Yakima -- Preliminary Short Plat Approval. City of Yakima - SEPA Determination. City of Yakima - Stormwater Approval. City of Yakima - Building Permit Approval. City of Yakima - Plan review and approval, and construction approval for municipal facilities constructed by private parties Revised 07/2014 DOC. INDEX E-2 1ECEIVED JAN 2 5 2017 CITY OF YAKIMA PLANN,::2 DIV Page 5 101 12. Give a brief, but complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.): The proposed Cottonwood Partners Anderson Estates site will subdivide approximately 8.27 acres into 35 single family lots. The lot sizes will vary in size from approximately 6,748 square feet to 11,289 square feet. The lots will have frontage onto a public roadway which will need to be improved as part of this project except for five lots which have frontage along Occidental Road. Occidental Road will need to be improved as part of this project, or as part of the neighboring Anderson Park. Occidental will need to be improved as part of whichever development is constructed first. Access to the plat will be from extensions off of Occidental Road. Nob Hill Water will serve the lots with domestic water. City of Yakima sewer will serve the sewerage needs. Storm water will all be contained on-site in retention swalcs, or underground infiltration. The proposed Cottonwood Partners Anderson Park project will construct 660 units of apartments with 1,029 parking spaces on approximately 40.39 acres. As proposed the project will short plat the 40.39 acres into 6 multi -family lots, and be constructed in five phases. The lot sizes will vary in size from approximately 4.83 acres to 10.01 acres. Lots 1 through 5 will contain the proposed 660 apartment units, and Lot 6 will remain as open space. The five lots with apartments will have frontage onto Occidental public road right-of-way which will need to be improved as part of this project, or as part of the neighboring Plat of Anderson Estates. Occidental will need to be improved as part of whichever development is constructed first. Lot 6 will have frontage along South 64th Avenue, and no development is to occur on this lot at this time. Access to the short plat will be from private roads, and access and parking casements extending throughout the proposcd Anderson Park short plat, off of Occidental Road. Nob Hill Water will serve the lots with domestic water. City of Yakima sewer will serve the sewerage needs. Storm water will all be contained on-site in retention swales, or underground infiltration. Phase 1 would construct 126 dwelling units in six separate structures, and 192 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. Secondary (emergency) access will be provided from Phase 1 to Occidental Road at a point further cast along the roadway. Thc secondary access is proposed to be constructed with an all-wcathcr compacted 26 -foot wide gravel roadway. The secondary access is to bc used for emergency vehicles only and Weill not service the public. Phase 2 would construct 144 dwelling units in six separate structures, and 195 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. Upon completion of Phase 2, the secondary (emergency) access described in Phase 1 will be replaced with a paved 26 -wide driveway, which will connect Phase 1 and Phase 2 to Occidental Road. Phase 3 would construct 132 dwelling units in six separate structures, and 198 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. An internal access road will be constructed as part of Phase 3 connecting to Phase 2 to improve traffic circulation. Phase 4 would construct 126 dwelling units in five separate structures, and 218 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. An internal access road will be constructed as part of Phase 3 connecting to Phase 2 and 3 to improve traffic circulation. Phase 5 would construct 132 dwelling units in six separate structures, and 226 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Phase 3 and 4 to improve traffic circulation. The undeveloped balance of the property is proposed to remain in native vegetation. DOC. INDEX 1ECIVED JAN 2 5 2017 CITY OF YAKIMA PLAN!L::1OIV Revised 07/2 4 Page 6 102 13. Location of the proposal. Give sufficient information for a person to understar.,:the precise location of your pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist.: The proposed Cottonwood Partners Anderson Estates property is located 250 feet east of the intersection of South 64th Avenue and Occidental Road, along the north side of Occidental Road. The SW Quarter of the SW Quarter of Section 33, Township 13 North, Range 18 E.W.M The proposed Cottonwood Partners Anderson Park property is located at the southeast corner of the intersection of South 64th Avenue and Occidental Road. The NW Quarter of Section 1, Township 12 North, Range 18 E.W.M B. E 1' ONMENTAL ELEIVTENTS (To be completed by the applicant) 1. Earth a. General description of the site (V one): flat LJ rolling LJ hilly LJ steep slopes mountainous other Gently Sloping b. What is the steepest slope on the site (approximate percent slope)? The steepest slope is approximately 1 1/2 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. National Resources Conservation Service Soil Mapping was consulted regarding the on-site soils at the plant site. The USDA Soil Conservation Service (SCS) indicated the primary soil for the site is a Kittitas Silt Loam which is a CL, ML or A-4 soil type. The remainder of the site is Naches Loam, which is a CL, SC or A-4 soil type. The Kittitas Silt Loam, and Naches Silt Loam are considered prime farmland if irrigated. . Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There are no known indications of unstable soils on site or in the immediate vicinity. c. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Original Response: The project consists of usual and normal embankment construction for new streets and building lots. As it applies to the entire development, there is no significant grading proposed for streets or building lot development expected. No net increase or decrease in quantity of material is anticipated. Earthwork quantities will be determined during the design phase of the development, but are expected to he minimal. Source of fill will be from on-site excavations or from approved/permitted borrow site. Revised Response: The project consists of usual and normal embankment construction for new streets and building lots in the Anderson Park and Anderson Estates. As it applies to the entire Anderson Park and Anderson Estates development, there is no significant grading proposed for streets or building lot development expected. No net increase or decrease in quantity of material is anticipated within either construction projects. Earthwork quantities will be determined during the design phase of the development, but are expected to be minimal. Source of fill will be from on-site excavations or from approved/permitted borrow site. There will be 7,000 cubic yards of grading and fill to be imported onto the vacant unused portion of land south of the Hugh -Bowman Ditch. There is currently no proposed development on this portion of land, and it is not within the FEMA flood way or 100 -year floodplain, and there are not wetlands in this area. The proposal is to place the fill along the east half of the property to a depth of approximately 1 -foot of depth, and the southeast corner approximately 2 -feet of depth. The proposed fill material is excess material from a nearby project site, consisting of silty loam s nd, similar to the existing soils. DO INDEX Revised 07/2014 Space Reserved for Agency Comments 1ECEIVED JAN 2 201 CITY OF YAKIMA PLA221202 01V. Page 7 B. ENVIRO ENTAL ELEMENTS (To be completed by the applicant) f Could erosion occur as a result of clearing, construction, or use'? If so, generally describe. It is possible erosion could occur during the construction phase of the development, but it is not expected. After construction is completed, each individual residential lot will be landscaped, and long-term erosion is unlikely to occur. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? In Anderson Estates, approximately 40 -percent of the site will be covered with impervious surfacing. The lot coverage maximum in the R-1 zone is 60 percent. In Anderson Park, approximately 17 -percent of the site will be covered with impervious surfacing. The lot coverage maximum in the R-3 zone is 80 percent. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: During the site development and construction activities, the contractor will be required to utilize appropriate erosion control Best Management Practices, and regulatory erosion control storniwater management plans will be implemented. Silt fencing and dust control measures will be implemented. Storm drainage improvements will be constructed to comply with City of Yakima standards. The site will be permanently stabilized post - construction by sodding and landscaping. 2. Air 3. a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Typical emissions of dust and automobile odors will be generated during construction. Dust control procedures will be in place during construction to limit the dust to the maximum extent practicable. Construction activity will be limited to area immediately adjacent to the construction area. Dust is not expected after construction as the site will be fully landscaped and irrigated, or will be covered with asphalt concrete pavement. After project completion, there will be no adverse effects on the air, the emissions will be from automobiles belonging to local residents and staff. Minimal emissions from commercial heating devices may occur after project completion. Approximate quantities are not known. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None are known to exist. c. Proposed measures to reduce or control emissions or other impacts to air, if any: The contractor shall comply with Yakima County Clean Air Authority regulatory requirements. The contractor may be required to use dust control measures such as watering of the construction area to eliminate wind-borne erosion if a problem arises. The contractor will also be required to clean mud and dust from public roadways as necessary. In addition, construction equipment will be well maintained to prevent excessive exhaust emissions. ater Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There are no existing surface bodies of water within the development. There is an irrigation ditch that passes across the southern portion of the Anderson Park property and continues just south of the south property line. Ahtanum Irrigation District considers it a part of Hugh Bowman Ditch. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. There will be no work over or in any bodies of water. All proposed work is out of the buffer arca and 100 year floodplain. The closest point of proposed construction is 70 feet north of thc ditch and the Anderson Park property. Revised 07/2014 DOC. INDEX 103 Space Reserved for Agency Comments nECEIVED JAN 2 6 2017 CITY OF YAKIMA PLAN NO DIV Page 8 13 E 0 EI+ NTS o be co d b Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No fill or dredge material will be placed or removed from any surface water or wetlands. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. The new development will not require any surface water withdrawals or diversions. 5 Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. The proposal does not lie within the 100 -year floodplain. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. The proposal will not discharge any waste material to surface waters. . Ground: Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. The proposal will not withdraw or discharge to ground water. Temporary dewatering during construction of the sewer line is likely to occur, quantities are unknown. Domestic water supply is proposed from the Nob Hill Water which has deep source water wells. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Waste materials will not be discharged from any source into the ground. The projects will be connected to City of Yakima public sanitary sewer. c. Water Runoff (including stor ater): Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. The sources of water runoff will be primarily from rainfall and snowmelt. The runoff is proposed to be collected and managed on-site via surface retention and infiltration facilities or underground infiltration facilities. Stormwater treatment and disposal facilities will be designed and sized in accordance with the Eastern Washington Storm Water Manual and City of Yakima standards. This project will not result in the discharge of storm water into a surface water body. 2. Could waste materials enter ground or surface waters? If so, generally describe. No waste materials are anticipated to enter ground or surface waters. Revised 07/2014 Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Stormwater runoff from the roads will be retained, treated, and disposed of on-site via surface retention and infiltration facilities, or underground infiltration facilities. Stormwater from homes will be directed onto landscaped areas on each residential lot. Accepted BMP engineering practices for stormwater drainage systems will be implemented to collect and manage the surface and runoff water impacts. .................... ................... Space Reserved Agency Comment of RECEIVED JAN 252017 CITY OF YAKIMA PLANMrt DIV. Page 9 a. Check (✓) types of vegetation found on the site: Deciduous Tree: •' Alder Maple Aspen Other Evergreen Green: Fir CedarPine ❑Other Shrubs ►1 Grass Pasture Crop Or Grain ❑ Other ants: Cattail Buttercup BullrushSkunk Cabbage Other ants: ilfoil Other Types Of Vegetation: b. What kind and amount of vegetation will be removed or altered? The development wil be cleared of existing grasses and trees where necessary for the construction of the street, utility improvements, and home construction. List threatened or endangered species known to be on or near the site. There are no listed endangered or threatened plants on the project site or within the general project vicinity. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The completed residential homesites will be landscaped with typical residential lawns, trees, flowers, and shrubs. The completed residential apartment complex homesites will be landscaped with typical residential lawns, trees, flowers, and shrubs. Additionally, landscaping will occur within the parking areas, and along the property lines. . Animals: Check (V) any birds and animals which have been observed on or near the site or are known to be on or near the site: El Hawk ❑ Heron Fish: Shellfish ❑ Other b. List any threatened or endangered species known to be on or near the site. There are no known endangered or threatened species on or near the project site. c. Is the site part of a migration route? If so, explain. Most of Washington State is part o the Pacific Flyway migratory route for birds. . Proposed measures to preserve or enhance wildlife, if° any: None. . Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. It is anticipated that electricity and/or natural gas will be the primary sources of cooling and heating the residences. Electricity will also be used for normal residential demands of lighting, etc. During construction: equipment fuel. . Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. The project will not affect the potential use of solar energy by adjacent properties. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: New construction will be built to Washington State Energy Codes and as required by the International Building Code. Revised 07/2014 INDEX Space Reserved Agency Co en FECEIVLD JAN 2 5 2017 ITY OF YAKIMA � A DIV. Page 10 B. E ONMENTAL ELEMENTS (To be completed by the applicant) 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. There are no known environmental health hazards that could occur as a result of proposal. A fuel spill may occur as a result of construction activities. Describe special emergency services that might be required. There are no known emergency services that would be needed as a result of this new building. Emergency medical aid may be required should an injury occur during construction. Proposed measures to reduce or control environmental health hazards, if any: There are no known environmental health hazards associated with this proposal, therefore there are no proposed measures. b. Noise What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? Traffic noise from adjacent public streets. 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short-term noise consists of construction activities associated with commercial construction. Construction noise can be expected from approximately 7:00 a.m. to 7:00 p.m. Long-term noise is expected from the typical residential maintenance equipment, i.e. lawn mowers, leaf blowers, power trimmers, snow blowers, etc. during daylight hours. 3. Proposed measures to reduce or control noise impacts, if any: No adverse noise impacts are anticipated; however, we propose to restrict construction to 7:00 a.m. to 7:00 p.m.. In addition, we will comply with the City of Yakima and Yakima County Noise Ordinance, as it applies to this project. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The project area consists of unused open land. There is open land located immediately to the north and cast of the subject parcel. Residential homes are located to the all sides of the sub'ect b Has the site been used for agriculture? If so, describe. It is not known if the site has been used agriculturally. c. Describe any structures on the site. There is currently one residential home on the Anderson Park site. d. Will any structures be demolished? If so, what? One residential home. c. What is the current zoning classification of the site? Anderson Estates R-1, Anderson Park R-3. f. What is the current comprehensive plan designation of the site? Anderson Estates R-1, Anderson Park R-3. g. If applicable, what is the current shoreline master program designation of the site? Not applicable. DOC, INDEX Revised 07/2014 109 Space Reserved for Agency Comments RECEIVED JAN 2 5 2017 CITY OF YAKIMA PLA'R0 Page 11 B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) . Has any part of the site been classified as an 'environmentally sensitive" area? 11' so specify. There a 100 year floodplain associated with the ditch. The proposed construction is outside of the 100 year floodplain. Approximately how many people would reside or work in the completed project? In Anderson Estates, approximately 95 people (2.7 people per home) would reside in the completed project. In Anderson Park, approximately 1,650 people (2.5 people per unit) would reside in the completed project. Approximately how many people would the completed project displace? None . Proposed measures to avoid or reduce displacement impacts, if any. Not applicable. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The current zoning for these properties is determined that the properties are suitable for uses permitted in the respective single family and multi -family zoning district. The Anderson Park property was recently re -zoned to the multi -family land use. Project meets the current and future land use plans of the City of Yakima. . Housing Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. IN Anderson Estates, approximately 35, middle income, single family housing units will be created. IN Anderson Park, approximately 660, middle income, multi-famil dwellinunits will be created. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. One low income single family residential unit will be removed. Proposed measures to reduce or con 10. Aesthetics a. of housing impacts, if any: Not applicable. What is the tallest height of any proposed structures, not including antennas; what are the principal exterior building materials proposed? Most likely less than 35 feet in max height. Principal building materials will consist of stone, brick, stucco, wood. Wha S he immediate vicinity would be altered or obstructed? None known. c. Proposed measures to reduce or control aesthetic impacts, if any: The proposed buildings will be similar in appearance as neighboring buildings to further control aesthetic impacts. Compliance with zoning and building code regulations regarding building height, lot coverage and setbacks will also be in effect. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Typical and normal residential and residential apartment security night lighting form dusk until dawn. Could light or glare from the finished project be a safety hazard or interfere with views? The light or glare is not expected to pose any safety hazards or interfere with any views. c. What existing off-site sources of light or glare may affect your proposal? None. . Proposed measures to reduce or control light and glare impacts, if any: Revised 07/2014 1117 Space Reserved for Agency Comments RECEIVED JAN 2 5 2017 CITY OF YAKIMA PLA: k:3 DIV Page 12 ELEMENTS (To be completed by the applicant) Proposed street lighting, security lighting, and possible accent lighting will be directed toward the interior of the development. Encourage the use of lowest necessary wattages and to direct lights inward and outward. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? West Valley Junior High School lies a 5,800 feet to the northwest of the subject property and recreational activities take place at the school fields. City of Yakima owned park West Valley Park at South 80" Avenue lies 7,300 feet to the northwest of the subject property and recreational activities take place at the park fields. Other known recreational activities in the general area consist of fishing, biking, golfing and walking/jogging. . Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: The Anderson Park project will have open green space that could be used for recreational purposes. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. According to the Department of Archaeology & Historic Preservation's (DAHP) Washington Information System for Architectural and Archeological Records Data (WISAARD), there are no registered properties within or adjacent to the project limits. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. There are no known landmarks or evidence of historic, archaeological, scientific, or other cultural significance located on or near the site. c. Proposed measures to reduce or control impacts, if any: There are no known impacts, therefore no measures are proposed. If, during construction, artifacts are found, then work within the area will cease and the proper authority will be notified. 14. Transportation a Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The proposed Anderson Estates development has frontage along Occidental Road to the south. The development has two access points to Occidental Road. See site plan. The proposed Anderson Park development has frontage along Occidental Road to the north. The development has two access points to Occidental Road. See site plan. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? Yes, nearest transit stop is 2,400 feet to the north along Washington Avenue. c. How many parking spaces would the completed project have? How many would the project eliminate'? None Revised 07/2014 In Anderson Estates, each homesite will have a minimum of 2 off-street parking spaces. There will be on -street parallel parking along the private roadway within the development. No parking spaces will be eliminated. In Anderson Park, the competed project will provide 1029 parking spaces. No parking spaces will be eliminated. 1 fl Space Reserved for Agency Comments RECEIVED DOC. INDEX JAN 2 5 2017 CITY OF YAKIMA PLA V,!,!..,:3 DIV Page 13 B. E I* ONMENTAL ELEMENTS (To be cattipleted by the applicant) d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The proposed developments haves frontage along Occidental Road, which will need to be improved as part of the Anderson Park, or as part Anderson Estates project. Occidental will need to be improved as part of whichever development is constructed first. Each development has two access points to Occidental Road. The apartments will have private internal access roads. The subdivision will have new public streets through the site. See attached preliminary plat drawing. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Original Response: In Anderson Estates, based upon the Ninth Edition (2012) of the Institute of Transportation Engineers (ITE) Trip Generation Manual, a single family residential project (Land Use 210) is anticipated to generate approximately 9.57 vehicle trips per weekday per residence. That equates to approximately 335 vehicle trips per day for (50% entering and 50% exiting). The estimated volume during the A.M. peak hour (7:00 a.m. to 9:00 a.m.) of adjacent street traffic (Occidental Road) is 0.74 trips per residence or 26 trips at full build -out of all homesites (25% entering, 75% exiting). The estimated volume during the P.M. peak hour (4:00 p.m. to 6:00 p.m.) of adjacent street traffic is 1.01 trips per residence or 35 trips at full build -out o f all homesites (63% entering, 37% exiting). In Anderson Park, based upon the Ninth Edition (2012) of the Institute of Transportation Engineers (ITE) Trip Generation Manual, a multi -family residential project (Land Use 220) is anticipated to generate approximately 6.65 vehicle trips per weekday per unit. That equates to approximately 4,389 vehicle trips per day for (50% entering and 50% exiting). The estimated volume during the A.M. peak hour (7:00 a.m. to 9:00 a.m.) of adjacent street traffic (Occidental Road) is 0.51 trips per residence or 337 trips at full build -out of all units (25% entering, 75% exiting). The estimated volume during the P.M. peak hour (4:00 p.m. to 6:00 p.m.) of adjacent street traffic is 0.62 trips per unit or 409 trips at full build -out of all units (63% entering, 37% exiting). Revised Response: A Traffic Impact Analysis (TIA) was prepared for the combined Anderson Estates and Anderson Park projects, and should be referenced to review actual trips generated, traffic movements, intersections LOS, and mitigation measures. In Anderson Estates, based upon the Ninth Edition (2012) of the Institute of Transportation Engineers (ITE) Trip Generation Manual, a single family residential project (Land Use 210) is anticipated to generate approximately 9.57 vehicle trips per weekday per residence. That equates to approximately 335 vehicle trips per day for (50% entering and 50% exiting). The estimated volume during the A.M. peak hour (7:00 a.m. to 9:00 a.m.) of adjacent street traffic (Occidental Road) is 0.74 trips per residence or 26 trips at full build -out of all homesites (25% entering, 75% exiting). The estimated volume during the P.M. peak hour (4:00 p.m. to 6:00 p.m.) of adjacent street traffic is 1.01 trips per residence or 35 trips at full build -out of all homesites (63% entering, 37% exiting). In Anderson Park, based upon the Ninth Edition (2012) of the Institute of Transportation Engineers (ITE) Trip Generation Manual, a multi -family residential project (Land Use 220) is anticipated to generate approximately 6.65 vehicle trips per 0 • Space Reserved for Agency Comments Revised 07/2014 Page 14 B. ENVIRONMENTAL ELEMENTS (To be completed b the applicant) weekday per unit. That equates to approximately 4,389 vehicle trips per day for (50% entering and 50% exiting). The estimated volume during the A.M. peak hour (7:00 a.m. to 9:00 a.m.) of adjacent street traffic (Occidental Road) is 0.51 trips per residence or 337 trips at full build -out of all units (25% entering, 75% exiting). The estimated volume during the P.M. peak hour (4:00 p.m. to 6:00 p.m.) of adjacent street traffic is 0.62 trips per unit or 409 trips at full build -out of all units (63% entering, 37% exiting). The proposed mitigation measures for the TIA determined that an intersection improvement such as a signal or roundabout at the South 64' Avenue / Occidental Road intersection will be necessary with the development of the project. The TIA also determined up to 35 single-family homes, and 40 apartment units could be developed while maintaining LOS D for the eastbound approach at the intersection of South 64th Avenue / Occidental Road. Single-family homes generate a greater number of trips than apartments. Therefore, to simplify the LOS analysis the TIA assumed the highest possible trip generation scenario of all 35 single-family homes, and calculated up to 40 apartment units at the Anderson Apartments could be constructed and maintain an acceptable LOS D at the EB approach to the South 64' Avenue / Occidental Road intersection in the PM peak hour. This analysis of 35 single-family homes and 40 apartments, for a combined total of 75 dwelling units, generates 81 PM peak hour trips. For the purpose of maintaining LOS D at the EB approach to the South 64' Avenue / Occidental Road intersection, any combination of apartments and single- family homes that generate up to 81 PM peak hour trips is acceptable before improvements are necessary at the intersection. Therefore, any combination of apartments and single-family homes, up to 75 dwelling units, with a maximum of 35 single-family homes, will maintain LOS D at the EB approach to the South 64' Avenue / Occidental Road intersection. g. Proposed measures to reduce or control transportation impacts, if any: No measures are planned. Occidental Road has no frontage improvements and the service level will need to be designed to accommodate traffic loads from within the development. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: The project will have probable incremental increased demand for fire and police protection, public safety services and schools could be anticipated, relative to the potential population increase. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. Water form Nob Hill Water and Sewer from the City of Yakima are available to serve the property and would be extended to serve new buildings. 16. Utilities a. Circle utilities currently available at the site: electricity natural ens, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. Answered above Domestic Water: Nob Hill Water Association Sanitary Sewer: City of Yakima Refuse: City of Yakima or private company Power: Pacific Power Revised 07/2014 DOC. Space Reserved for Agency Comments lECEIVED JAN 2 5 2017 CITY OF YAKIMA PLANN:11.3 DIV. Page 15 E D ENTAL ELEMENTS (To b G. S: ed by the app Telephone: Qwest or Charter Irrigation: Yakima-Tieton Natural Gas: Cascade Natural Gas Company GNATLT To be ompt ed by the pp ic The above answers are true and complete on them to $e ake its decision. Space Reserved, Agency Comm o the best of my knowledge. I understand that the lead agency is relying Revised 07/2014 Date Submitted JAN 5 701 DOG.;14 i INDEX A i t Sts° 6--,2 Page 16 D. SUPPLEMENT SHEET FOR NONPROJECT ACTIONS (To be completed by the Space Reserved For applicant ) (DO NOT USE THE FOLLOWING FOR PROJECT ACTIONS) Agency Comments Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities that would likely result from the proposal and how it would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposal will not increase discharges to water, air, release toxic or hazardous substances, or increase noise pollution. Proposed measures to avoid or reduce such increases are: This question is not applicable. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal will not create any adverse impacts on plants, animals, fish or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: This question is not applicable. 3. How would the proposal be likely to deplete energy or natural resources? The proposal will not deplete energy or natural resources other than through normal building operations of commercial businesses. Proposed measures to protect or conserve energy and natural resources are: Energy efficient measures will be installed wherever practicable; for instance, water efficient fixtures will be used. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposal will not affect any sensitive areas or areas designated for governmental protection. Proposed measures to protect such resources or to avoid or reduce impacts are: This question is not applicable. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal will not affect land or shoreline use. Proposed measures to avoid or reduce shoreline and land use impacts are: This question is not applicable. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal will have a slight increase of daily trips above the original road use, however the increase can be accommodated by the existing surface streets which were constructed to accommodate heavy traffic from surrounding land uses. Proposed measures to reduce or respond to such demand(s) are: No negative impacts are anticipated. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal is not known to conflict with local, state, or federal laws protecting the environment. Revised 07/2014 rIECEIVED JAN 2 6 2017 CITY OF YAKIMA PLA mu Page 17 Os 113 STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC 19741-960) YAKIMA MUNICIPAL CODE CHAPTER 6.88_ The State Environmental Policy Act (SEPA), RCW Ch. 43.21C, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agiency decide whether an EIS is re uired This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise, information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different - parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. C EC IIST...IEiO : i NPROJECT ROPOS Complete this checklist for non -project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non -project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as proposal proposer and "affected geora2hic area,"respectively..... KORO OR ATI N (To e co P y in apps an 1. Name Of Proposed Project (If Applicable): Anderson Park and Preliminary Plat of Anderson Estates 2. Applicant's Name & Phone: Cottonwood Partners, LLC (509) 949-0125 . Applicant's Address: P.O. Box 8335, Yakima, WA 98908 4. Contact Person & Phone: Lew Miller, (509) 949-0125 . Agency Requesting Checklist: City of Yakima Date The Checklist Was Prepared: May 26, 2016 Proposed Timing Or Schedule (Including Phasing, If Applicable): The project encompasses two separate construction projects. The Plat of Anderson Estates will be developed in two phases, and anticipate construction starting in Fall, 2016. The Anderson Park development will be developed in five phases, and anticipate construction starting in Fall, 2016, and continue until complete based on market conditions. Revised 07/2014 RECEIVED INDEX M/tY , 7 ()lii CIFY OF Y Kul lsq. Page 4 PLAN":71 'iii. Do you have any plans for fu e additions, expansion, or further activity .ed to or connected with tHiVi. proposal? If yes, explain: This SEPA is in conjunction with a Preliminary Short Plat Application for Anderson Park and construction of the proposed residential buildings. The property will not be fully developed upon completion of this project, additional development may be possible in the future. However, there are no plans for additional development at this time. This SEPA is in also in conjunction with a Preliminary Long Plat Application for Anderson Estates and construction of the proposed residential buildings. The property will be fully developed upon completion of this project. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: The applicant is not aware of any specific environmental information which has been prepared for this property. 0. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: YES, a Type 1 and short plat is being filed for the property south of Occidental Road, and a long plat is being filed for the property north of Occidental Road. Occidental Road improvements are proposed to be constructed by whichever project commences construction first. . List any government approvals or permits that will be needed for your proposal, i City of Yakima City of Yakima City of Yakima - City of Yakima - City of Yakima - City of Yakima - parties — Preliminary Plat Approval — Preliminary Short Plat Approval. SEPA Determination. Stormwater Approval. Building Permit Approval. Plan review and approval, and construction approval for municipal facilities constructed by private Revised 07/2014 own: ®®C. INDEX RECEIVED MAY 2 7 ?f16 CITY OF YAKIMA PLANr7,1 DIV. Page 5 12. Give a brief, but complete ch.. iption of your proposal, including the prop. .1 uses and the size of the ch16ject and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.): The proposed Cottonwood Partners Anderson Estates site will subdivide approximately 8.27 acres into 35 single family lots. The lot sizes will vary in size from approximately 6,748 square feet to 11,289 square feet. The lots will have frontage onto a public roadway which will need to be improved as part of this project except for five lots which have frontage along Occidental Road, Occidental Road will need to be improved as part of this project, or as part of the neighboring Anderson Park. Occidental will need to be improved as part of whichever development is constructed first. Access to the plat will be from extensions off of Occidental Road. Nob Hill Water will serve the lots with domestic water. City of Yakima sewer will serve the sewerage needs. Storm water will all be contained on-site in retention swales, or underground infiltration. The proposed Cottonwood Partners Anderson Park project will construct 660 units of apartments with 1,029 parking spaces on approximately 40.39 acres. As proposed the project will short plat the 40.39 acres into 6 multi -family lots, and be constructed in five phases. The lot sizes will vary in size from approximately 4.83 acres to 10.01 acres. Lots 1 through 5 will contain the proposed 660 apartment units, and Lot 6 will remain as open space. The five lots with apartments will have frontage onto Occidental public road right-of-way which will need to be improved as part of this project, or as part of the neighboring Plat of Anderson Estates. Occidental will need to be improved as part of whichever development is constructed first. Lot 6 will have frontage along South 64th Avenue, and no development is to occur on this lot at this time. Access to the short plat will be from private roads, and access and parking easements extending throughout the proposed Anderson Park short plat, off of Occidental Road. Nob Hill Water will serve the lots with domestic water. City of Yakima sewer will serve the sewerage needs. Storm water will all be contained on-site in retention swales, or underground infiltration. Phase 1 would construct 126 dwelling units in six separate structures, and 192 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. Secondary (emergency) access will be provided from Phase 1 to Occidental Road at a point further east along the roadway. The secondary access is proposed to be constructed with an all-weather compacted 26 -foot wide gravel roadway. The secondary access is to be used for emergency vehicles only and Weill not service the public. Phase 2 would construct 144 dwelling units in six separate structures, and 195 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. Upon completion of Phase 2, the secondary (emergency) access described in Phase 1 will be replaced with a paved 26 -wide driveway, which will connect Phase 1 and Phase 2 to Occidental Road. Phase 3 would construct 132 dwelling units in six separate structures, and 198 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. An internal access road will be constructed as part of Phase 3 connecting to Phase 2 to improve traffic circulation. Phase 4 would construct 126 dwelling units in five separate structures, and 218 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. An internal access road will be constructed as part of Phase 3 connecting to Phase 2 and 3 to improve traffic circulation. Phase 5 would construct 132 dwelling units in six separate structures, and 226 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Phase 3 and 4 to improve traffic circulation. The undeveloped balance of the property is proposed to remain in native vegetation. Revised 07/2014 RECEIVED MAY 2 7 2016 CITY OF YAKIMA DOC.: PLAn3 DIV. INDEX itt e- Page 6 3. Location of the proposal. GiN efficient information for a person to under. .1d the precise location of pier pro- posed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist.: The proposed Cottonwood Partners Anderson Estates property is located 250 feet east of the intersection of South 64th Avenue and Occidental Road, along the north side of Occidental Road. The SW Quarter of the SW Quarter of Section 33, Township 13 North, Range 18 E.W.M The proposed Cottonwood Partners Anderson Park property is located at the southeast corner of the intersection of South 64th Avenue and Occidental Road. The NW QuarterofSection 1, Township 12 North, Range 18 E.W.M 1. Ea h ............ . General description of the site (✓ one): oiling ■', hilly ■' steep slopes amous y Sloping b. What is the steepest slope on the site (approximate percent slope)? The steepest slope is approximately 1 1/2 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. National Resources Conservation Service Soil Mapping was consulted regarding the on-site soils at the plant site. The USDA Soil Conservation Service (SCS) indicated the primary soil for the site is a Kittitas Silt Loam which is a CL, ML or A-4 soil type. The remainder of the site is Naches Loam, which is a CL, SC or A-4 soil type. The Kittitas Silt Loam, and Naches Silt Loam are considered prime farmland if irrigated. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There are no known indications of unstable soils on site or in the immediate vicinity. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. The project consists of usual and normal embankment construction for new streets and building lots. As it applies to the entire development, there is no significant grading proposed for streets or building lot development expected. No net increase or decrease in quantity of material is anticipated. Earthwork quantities will be determined during the design phase of the development, but are expected to be minimal.'' Source of fill will be from on-site excavations or from approved/permitted borrow site. f. g. Revised 07/2014 Could erosion occur as a result of clearing, construction, or use'? If so, generally''' describe. It is possible erosion could occur during the construction phase of the development, but it is not expected. After construction is completed, each individual''' residential lot will be landscaped, and long-term erosion is unlikely to occur. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? In Anderson Estates, approximately 40 -percent of the site will be covered with impervious surfacing. The lot coverage maximum in the R-1 zone is 60 percent. In Anderson Park, approximately 17 -percent of the site will be covered with impervious surfacing. The lot coverage maximum in the R-3 zone is 80 percent. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: During the site development and construction activities, the contractor will be required to utilize appropriate erosion control Best Management Practices, and regulatory erosion control stoimwater management plans will be implemented. Silt fencing and dust control measures will be imrlemented. Storm drainage im rovements will be construe INDEX RECEIVED MAY 2 7 201E CITY OF YAKIMIA PLANM.i13 DIV, Page 7 . Air comply with City of Yakima standards. The site will be permanently stabilized post - construction by sodding and landscaping. a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Typical emissions of dust and automobile odors will be generated during construction. Dust control procedures will be in place during construction to limit the dust to the maximum extent practicable. Construction activity will be limited to area immediately adjacent to the'', construction area. Dust is not expected after construction as the site will be fully landscaped and irrigated, or will be covered with asphalt concrete pavement. After project completion, there will be no adverse effects on the air, the emissions will be from automobiles belonging to local residents and staff. Minimal emissions from commercial heating devices may occur after project completion. Approximate quantities are not known. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None are known to exist. c Proposed measures to reduce or control emissions or other impacts to air, if any: The contractor shall comply with Yakima County Clean Air Authority regulatory requirements. The contractor may be required to use dust control measures such as watering of the construction area to eliminate wind-borne erosion if a problem arises. The contractor will also be required to clean mud and dust from public roadways as necessary. In addition, construction equipment will be well maintained to prevent excessive exhaust emissions. 3 Water a. Surface: Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There are no existing surface bodies of water within the development. There is an irrigation ditch that passes across the southern portion of the Anderson Park property and continues just south of the south property line. Ahtanum Irrigation District considers it a part of Hugh Bowman Ditch. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. There will be no work over or in any bodies of water. All proposed work is out of the buffer area and l' 100 year floodplain. The closest point of proposed construction is 70 feet north of the ditch and the Anderson Park property. Estimate the amount of fill and dredge material that would be placed in or re moved from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No fill or dredge material will be placed or removed from any surface water or wetlands. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. The new development will not require any surface water withdrawals or diversions. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. The proposal does not lie within the 100 -year floodplain. Revised 07/2014 ECEIV'ED MAY 2 7 2016 TV O YAKl11 PLA7117777 DIV.. Page 8 Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. The proposal will not discharge any waste material to surface waters. . Ground: Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. The proposal will not withdraw or discharge to ground water. Temporary dewatering during construction of the sewer line is likely to occur, quantities are unknown. Domestic water supply is proposed from the Nob Hill Water which has deep source water wells. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Waste materials will not be discharged from any source into the ground. The projects will be connected to City of Yakima public sanitary sewer. ater Runoff (including stormwater)`, Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. The sources of water runoff will be primarily from rainfall and snowmelt. The runoff is proposed to be collected and managed on-site via surface retention and infiltration facilities or underground infiltration facilities. Stormwater treatment and disposal facilities will be designed and sized in accordance with the Eastern Washington Storm Water Manual and City of Yakima standards. This project will not result in the discharge of stoitn water into a surface water body. 2. Could waste materials enter ground or surface waters? If so, generally describe No waste materials are anticipated to enter ground or surface waters. 3. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Stormwater runoff from the roads will be retained, treated, and disposed of on-site via surface retention and infiltration facilities, or underground infiltration facilities. Stormwater from homes will be directed onto landscaped areas on each residential lot. Accepted BMP engineering practices for stormwater drainage systems will be implemented to collect and manage the surface and runoff water impacts. . Plants: a. Check (✓) types of vegetation found on the site: Deciduous Tree: Evergreen Green: Fir Shrubs Wet Soil Plants: ❑ Cattail Cedar Grass ❑ Pasture Crop Or Grain Other Other Types Of Vegetation: b. What kind and amount of vegetation will be removed or altered? The development will be cleared of existing gasses and trees where necessary for the construction of the street, utility improvements, and home construction. Revised 07/2014 INDEX RECEIVED MAY 2 7 2016 CITY OF YAKIMA PLAR.N'' 3 DIV.. Page 9 c. reatened or endangered species known to be on or near the site. There are no listed endangered or threatened plants on the project site or within the general project vicinity. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The completed residential homesites will be landscaped with typical residential lawns, trees, flowers, and shrubs. The completed residential apartment complex homesites will be landscaped with typical residential lawns, trees, flowers, and shrubs. Additionally, landscaping will occur within the parking areas, and along the property lines. . Animals: a. Check (✓) any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: •'' Hawk Heron Eagle ammals: ❑ Deer Fish: 0 Bass Bear 4l Songbirds ❑ Elk ❑ Beaver nOther Salmon ❑ Trout 0 Herring ❑ Shellfish ❑ Other b. List any threatened or endangered species known to be on or near the site. There are no known endangered or threatened species on or near the project site. . Is the site part of a migration route? If so, explain. Most of Washington State is part of the Pacific Flyway migratory route for birds. . Proposed measures to preserve or enhance wildlife, if any: None. . Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. It is anticipated that electricity and/or natural gas will be the primary sources of cooling and heating the residences. Electricity will also be used for normal residential demands of lighting, etc. During construction: equipment fuel. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. The project will not affect the potential use of solar energy by'' adjacent properties. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: New construction will be built to Washington State Energy Codes and as required by the International Building Code. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. There are no known environmental health hazards that could occur as a result of proposal. A fuel spill may occur as a result of construction activities. Describe special emergency services that might be required. There are no known emergency services that would be needed as a result of this new building. Emergency medical aid may be required should an inju occur durin! construction. Proposed measures to reduce or control environmental health hazards, if any: There are no known environmental health hazards associated with this proposal, therefore there are no proposed measures. Revised 07/2014 INDEX - RECEIVED MAY 2 7 2016'`' CITY YAKINIA. Page 10 Noise hat types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? Traffic noise from adjacent public streets. 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short-term noise consists of construction activities associated with commercial construction. Construction noise can be expected from approximately 7:00 a.m. to 7:00 p.m. Long-term noise is expected from the typical residential maintenance equipment, i.e. lawn mowers, leaf blowers, power trimmers, snow blowers, etc. during daylight hours. 3. Proposed measures to reduce or control noise impacts, if any: =' No adverse noise impacts are anticipated; however, we propose to restrict construction to 7:00 a.m. to 7:00 p.m.. In addition, we will comply with the City of Yakima and Yakima County Noise Ordinance, as it applies to this project. . Land and Shoreline Use What is the current use of the site and adjacent properties? The project area consists of unused open land. There is open land located immediately to the north and east of the subject parcel. Residential homes are located to the all sides of the subject property. Has the site been used for agriculture? If so, describe. It is not known if the site has been used agriculturally. c. Describe any structures on the site. There is currently one residential home on the Anderson Park site. ill any struc es be demolished? If so, what? One residential home. What is the current zoning classification of the site? Anderson Estates R-1, Anderson Park R-3. What is the current comprehensive plan designation of the site? Anderson Estates R-1, Anderson Park R-3. . If applicable, what is the current shoreline master program designation of the site? Not applicable. Has any part of the site been classified as an "environmentally sensitive" area? If so specify. There a 100 year floodplain associated with the ditch. The proposed construction is outside of the 100 year floodplain. Approximately how many people would reside or work in the completed project? In Anderson Estates, approximately 95 people (2.7 people per home) would reside in the completed project. In Anderson Park, approximately 1,650 people (2.5 people per unit) would reside in the completed project. . Approximately how many people would the completed project displace? None . Proposed measures to avoid or reduce displacement impacts, if any. Not applicable. Revised 07/2014 INDEX RECEIVED 'MAY 27 2016 1 ITY OF YAKIMA PLANIN:A Page 11 Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The current zoning for these properties is determined that the properties are suitable for uses permitted in the respective single family and multi -family zoning district. The Anderson Park property was recently re -zoned to the multi -family land use. Pro<ect meets the current and future land use .,fans of the Ci of Yakima. . Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. IN Anderson Estates, approximately 35, middle income, single family housing units will be created. IN Anderson Park, approximately 660, middle income, multi-famil dwellin ; units will be created. . Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. One low income single family residential unit will be removed. c. Proposed measures to reduce or control housing impacts, if any: Not applicable. 0. Aesthetics . What is the tallest height of any proposed structures, not including antennas; what are the principal exterior building materials proposed? Most likely less than 35 feet in max height. Principal building materials will consist of stone, brick, stucco, wood. b. What views in the immediate vicinity would be altered or obstructed? None kno c. Proposed measures to reduce or control aesthetic impacts, if any: The proposed buildings will be similar in appearance as neighboring buildings to further control aesthetic impacts. Compliance with zoning and building code regulations regarding building height, lot coverage and setbacks will also be in effect. . Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Typical and normal residential and residential apartment security night lighting form dusk until dawn. . Could light or glare from the finished project be a safety hazard or interfere with views? The light or glare is not expected to pose any safety hazards or interfere with any views. c. What existing off-site sources of light or glare may affect your proposal? None. . Proposed measures to reduce or control light and glare impacts, if any: Proposed street lighting, security lighting, and possible accent lighting will be directed toward the interior of the development. Encourage the use of lowest necessary wattages and to direct lights inward and outward. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? West Valley Junior High School lies a 5,800 feet to the northwest of the subject property and recreational activities take place at the school fields. City of Yakima owned park West Valley Park at South 80th Avenue lies 7,300 feet to the northwest of the subject property and recreational activities take place at the park fields. Other known recreational activities in the general area consist of fishing, biking, golfing and walking/jogging. DOC. INDEX Revised 07/2014 RECEIVES MAY 2 7 2C1' CITY OF Y I °` PLAA'"'Vklyn. Page 12 'b. Would the proposed project displace any existing recreational uses? If so, describe. No. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: The Anderson Park project will have open green space that could be used for recreational purposes. 3. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. According to the Department of Archaeology & Historic Preservation's (DAHP) Washington Info►,uation System for Architectural and Archeological Records Data (WISAARD), there are no registered properties within or adjacent to the project limits. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural important known to be on or next to the site. There are no known landmarks or evidence of historic, archaeological, scientific, or other cultural significance located on or ll' near the site. c. Proposed measures to reduce or control impacts, if any: There are no known impacts, therefore no measures are proposed. If, during construction, artifacts are found, then work within the area will cease and the proper authority will be notified. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The proposed Anderson Estates development has frontage along Occidental Road to the south. The development has two access points to Occidental Road. See site plan. The proposed Anderson Park development has frontage along Occidental Road to the north. The development has two access points to Occidental Road. See site plan. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? Yes, nearest transit stop is 2,400 feet to the north along Washington Avenue. c. How many parking spaces would the completed project have? How many would the project eliminate? None In Anderson Estates, each homesite will have a minimum of 2 off-street parking spaces. There will be on -street parallel parking along the private roadway within the development. No parking spaces will be eliminated In Anderson Park, the competed project will provide 1029 parking spaces. No parking spaces will be eliminated. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The proposed developments haves frontage along Occidental Road, which will need to be improved as part of the Anderson Park, or as part Anderson Estates project. Occidental will need to be improved as part of whichever development is constructed first. Each development has two access points to Occidental Road. The apartments will have private internal access roads. The subdivision will have new public streets through the site. e. See attached preliminary +lat drawin Will the project use (or occur in the immediate vicinity o transportation? If so, generally describe. No. Revised 07/2014 ater, rail, or air RECEIVED MAY 2 7 201' CITY OF YIIII PL NN ."+ DIV Page 13 t'. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. In Anderson Estates, based upon the Ninth Edition (2012) of the Institute of Transportation Engineers (ITE) Trip Generation Manual, a single family residential project (Land Use 210) is anticipated to generate approximately 9.57 vehicle trips per weekday per residence. That equates to approximately 335 vehicle trips per day for (50% entering and 50% exiting). The estimated volume during the A.M. peak hour (7:00 a.m. to 9:00 a.m.) of adjacent street traffic (Occidental Road) is 0.74 trips per residence or 26 trips at full build -out of all homesites (25% entering, 75% exiting). The estimated volume during the P.M. peak hour (4:00 p.m. to 6:00 p.m.) of adjacent street traffic is 1.01 trips per residence or 35 trips at full build -out of all homesites (63% entering, 37% exiting). In Anderson Park, based upon the Ninth Edition (2012) of the Institute of Transportation Engineers (ITE) Trip Generation Manual, a multi -family residential project (Land Use 220) is anticipated to generate approximately 6.65 vehicle trips per weekday per unit. That equates to approximately 4,389 vehicle trips per day for (50% entering and 50% exiting). The estimated volume during the A.M. peak hour (7:00 a.m. to 9:00 a.m.) of adjacent street traffic (Occidental Road) is 0.51 trips per residence or 337 trips at full build -out of all units (25% entering, 75% exiting). The estimated volume during the P.M. peak hour (4:00 p.m. to 6:00 p.m.) of adjacent street traffic is 0.62 trips per unit or 409 trips at full build -out of all units (63% entering, 37% exiting). impacts, Proposed measures to reduce or control transportation if any: No measures are planned. Occidental Road has no frontage improvements and the service level will need to be designed to accommodate traffic loads from within the development. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: The project will have probable incremental increased demand for fire and police protection, public safety services and schools could be anticipated, relative to the potential population increase. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. Water form Nob Hill Water and Sewer from the City of Yakima are available to serve the property and would be extended to serve new buildings. 6. Utilities . Circle utilities currently available at the site: electricity, natural hat water, refuse service, telephone, sanitary sewer, septic system, other. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity, which might be needed. Answered above Domestic Water: Nob Hill Water Association Sanitary Sewer: City of Yakima Refuse: City of Yakima or private company Power: Pacific Power Telephone: Qwest or Charter Irrigation: Yakima-Tieton Natural Gas: Cascade Natural Gas Company 'SfONATURE (To benomplatedny the applitant) • RECEIVED MAY 2 7 2016 CITY OF YAKIMA PLAN'?" DV Revised 07/2014 Page 14 teetaller*Kidatekg ce e;i6L The above answers are true and complete to the best of my knowledge. I understand that he lead agency is relying on them to I., e its decision. Revised 07/2014 Date Submitted ECEWED MAY 2 7 2016 CITY OF YAKIMA PLANN:Ti DIV. Page 15 Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities that would likely result from the proposal and how it would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposal will not increase discharges to water, air, release toxic or hazardous substances, or increase noise pollution. Proposed measures to avoid or reduce such increases are: This question is not applicable. . How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal will not create any adverse impacts on plants, animals, fish or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: This question is not applicable. How would the proposal be likely to deplete energy or natural resources? The proposal will not deplete energy or natural resources other than through normal building operations of commercial businesses. Proposed measures to protect or conserve energy and natural resources are: Energy efficient measures will be installed wherever practicable; for instance, water efficient fixtures will be used. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposal will not affect any sensitive areas or areas designated for governmental protection. Proposed measures to protect such resources or to avoid or reduce impacts are: This question is not applicable. How would the proposal be likely to affect and and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal will not affect land or shoreline use. Proposed measures to avoid or reduce shoreline and land use irnpacts are: This question is not applicable. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal will have a slight increase of daily trips above the original road use, however the increase can be accommodated by the existing surface streets which were constructed to accommodate heavy traffic from surrounding land uses. Proposed measures to reduce or respond to such demand(s) are: No negative impacts are anticipated. . Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal is not known to conflict with local, state, or federal laws protecting the environment. Revised 07/2014 RECEIVED MAY 2 7 2016 CITY OF YAKIMA PI Afilt',t r,11, P1v Page 16 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 EXHIBIT LIST CHAPTER F Applications F-1 Land Use Application for Preliminary Long Plat 126 04/22/2016 F-2 F-3 Critical Areas Identification Form Transportation Capacity Analysis Application City of Yakima, Washington NSPORTATION CAPACITY ANALYSIS 127 The Washington State Growth Management Act (RCW 36.70A.70) requires all new development to be consistent with the existing or planned street system capacities. The City of Yakima adopted YMC Ch. 12.08 to implement this local requirement. The information you provide with this application will be used to estimate the impact of your development upon the PM Peak Hour traffic on the City of Yakima arterial streets. APPLICATION INFO' ATION Applicant Name: Cottonwood Partners, LLC Contact Person: Lew Miller Mailing Address: P O. Box 8335 Yakima, WA 98908 FEE: $250 (Receipt # Project Address: 2309 S. 64th Avenue Parcel No(s): Yakima WA 98908 181205-13009, -11001 181333-33038 RESIDENTIAL COMMERCIAL INDUSTRIAL Housing Type* Apartments/ Houses Describe Use Describe Use (Single -Family, Apartments, etc) Special Population' Gross Floor Area Gross Floor Area (Nursing Homes, etc Other* (Group Home, Daycare, Church, etc Number of Units 660 Units / 35 Lots Uses must match up with BIC Ch. 15.04, Table 4-1 Project Description: See attached. Parking Spaces (Required/Provided) Number of Employees Parking Spaces (Required/Provided) Number of Employees Submit this form with a site plan, the application fee, and any attachments to the City of Yakima, Permit Center, Yakima City Hall, 129 N. 2nd Street, Yakima, WA 98901. You will receive a Notice of Decision explaining the Findings of the resulting analysis. Please review the Decision when it is sent to you, as you only have 14 days to file a Request for Reconsideration or an Appeal. Questions? Contact the City of Yakima, Planning Division, 129 N. 2nd Street, Yakima, WA 98902 Revised 08/2015 RECEIVED 1 4 ?016 CITY Of YAKIM PLPT(.1 DV DOC. Page I 2 INDEX 128 PROJECT DESCRIPTION TRAFFIC CONCURRENCY The proposed Cottonwood Partners Anderson Estates site will subdivide approximately 8.27 acres into 35 single family lots. The lot sizes will vary in size from approximately 6,748 square feet to 11.280 square feet. The lots will have frontage onto a public roadway which will need to be improved as part of this project except for five lots which have frontage along Occidental RoadOccidental Road will need to be improved as part of this project, or as part of the neighboring Anderson Park. Occidental will need to be improved as part of whichever development is constructed first. Access to the plat will be from extensions off of Occidental Road. Nob Hill Water will serve the lots with domestic water. City of Yakima sewer will serve the sewerage needs. Storm water will all be contained on-site in retention swales, or underground infiltration. The proposed Cottonwood Partners Anderson Park project will construct 660 units of apartments with 1.039 parking spaces on approximately 40.39 acres. As proposed the project will short plat the 40.39 acres into 6 multi -family lots, and be constructed in five phases. The lot sizes will vary in size from approximately 4.83acres to1O.01acres. Lots 1 through 5 will contain the proposed 660 apartment units, and Lot 6 will remain as open space. The five lots with apartments will have frontage onto Occidental public road right-of-way which will need to be improved as part of this project, or as part of the neighboring Plat of Anderson Estates. Occidental will need to be improved as part of whichever development is constructed first. Lot 6 will have frontage along South 64m Amynue, and no development into occur on this lot at this time. Access to the short plat will be from private roads, and access and parking easements extending throughout the proposed Anderson Park short plat, off of Occidental Road. Nob Hill Water will serve the lots with domestic water. City of Yakima sewer will serve the sewerage needs. Storm water will all be contained on-site in retention awo|eo, or underground infiltration. Phase 1 would construct 126 dwelling units in six separate structures, and 192 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. Secondary (emergency) access will be provided from Phase 1 to Occidental Road at a point further east along the roadway. The secondary access is proposed to be constructed with an all-weather compacted 26 -foot wide gravel roadway. The secondary access is to be used for emergency vehicles only and Weill not service the public. Phase 2 would construct 144 dwelling units in six separate structures, and 195 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. Upon completion of Phase 2, the secondary (emergency) access described in Phase 1 will be replaced with a paved 26 -wide driveway, which will connect Phase 1 and Phase 2 to Occidental Road. Phase 3 would construct 132 dwelling units in six separate structures, and 198 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. An internal access road will be constructed as part of Phase 3 connecting to Phase 2 to improve traffic circulation. Phase 4 would construct 126 dwelling units in five separate structures, and 218 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. An internal access road will be constructed as part of Phase 3 connecting to Phase 2 and 3 to improve traffic circulation. Phase 5 would construct 132 dwelling units in six separate structures, and 226 parking spacesPrimary access will be through a 26 -foot wide paved driveway which connects to Phase 3 and 4 to improve traffic The undeveloped balance of the property is proposed to remain in native veg %got,. INDEX a \PROJECTS \2016 \160251Plat Applications \2016-04-17 Anderson Estates Traffic Concurrency Projectoenchptiongmz RECEIVED JUL1 4 °�� ~ 28113 KLAIKK ;3 OAK 129 Critical Areas Identification Form CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIA, WA 9890 VOICE: (509) 575-6183 FAX: (509) 575-6105 Standard Development Permit - Fee $200 This form is intended to provide a sufficient level of information that, when combined with a site inspection, the Administrative Official can make an informed determination asto whether or not critical areas are present on the site, and whether or not the proposed activity will impact those critical areas. A "yes" response to any single question on the identification form does not necessarily indicate that further critical area review is required. The Administrative Official will evaluate all the information provided on the form, in conjunction with the information provided with the initial permit application, to determine if further investigation is needed and whether completion of a critical area report is warranted. In some instances, a preliminary report prepared by an environmental professional may be appropriate. If a buffer reduction is necessary for your project, a separate review will be required and a separate fee will be charged. Some of the questions listed here require locating the project area on reference maps. The City of Yakima has various maps on file, i.e. the FEMA Floodplain Map. Maps from other federal, state, and local agencies may also be used as indicators. A. Project Infor ation 1. Name of project. Anderson Park 2. Name and address of applicant. Cottonwood Partners, LLC P.O. Box 8335 Yakima, WA 98908 3. Name and address of individual completing the identification form and their environmental/technical expertise/special qualifications. Michael R Hiet, PE., HLA Engineering and Land Surveying, Inc. 2803 River Road, Yakima, WA 98902 4. Date the identification form was prepared. May 26, 2016 5. Location of the proposed activity (street address and legal descript 2309 S. 64th Avenue, Yakima, WA 98908. See Attached Legal Description on 6. Give a brief, complete description of the proposed activity, including extent of proposed activities, and impervious surface areas. See Attached 7. Describe the limits of the project area in relation to the site (for example, "the project area will extend to within 50 feet of the north property line"), including the limits of proposed clearing and'> construction activity. RECEIVED See attached project description and site plan. B. General QueQuestions That Revised 08/2015 Be Appljcab To All AreasPLANN:. DIV SAF 2 7 ?016 22172 OF YAKitOo Page (2 INDEX 130 1. What is the U.S. Department of Agriculture soil classification of the soil found on site? The primary soil for the site is a Kittitas Silt Loam which is a CL, ML. 2. What types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? Silt Loam 3. What types of vegetation are found on site? Cattail, buttercup, bulrush, skunk cabbage, water lily, eelgrass, milfoil? The primary vegetation on the site is natural occurring pasture grasses. 4. Describe any vegetation proposed to be planted as part of the project. There will be no work within the buffer or critical areas. In the apartment complex area standard residential type landscaping will be planted consisting of grass, trees and shrubs. 5. Give a brief, complete description of existing site conditions, including current and past uses of the property as well as adjoining land uses. The existing site is open land covered with natural occurring pasture grasses. It may have been used in the past for grazing land or growing hay. 6. Will the project include installation of an on-site septic system? No, it will be connected to City sewer. 7. What is the proposed timing and schedule for all multi -phased projects? The project will be a multi -phased project that is anticipated to begin in the Fall of 2016 and be constructed over five to seven years. 8. Do you have any plans for future additions, expansion, or related activity? If yes, explain. There are no plans for future additions at this time. The undeveloped portion of the property is to remain in natural vegetation. 9. Have any critical areas or protection easements been recorded on the title of the property or adjacent properties? There are none known to exist. 10. Will your project require review under the State Shoreline Management Act or the State Environmental Policy Act? The project will be reviewed under the SEPA. 11. Is the site within the 100 -year flood plain on flood insurance maps published by the Federal Emergency Management Agency (FEMA), or on other local flood data maps? The site has a portion that is within the 100 -year flood plain, however none of the project is proposed within the flood plain Revised 08/2015 DOC. INDEX Page I 3 RECEIVED MAY 2 7 2016 CITY OF YAKIMA PLAN!'!::Q 131 12. Describe any surface water and watercourses, including intermittent streams, drainage channels, ditches, and springs, located on site or within one-half mile of the site. If appropriate, provide the names of the water bodies to which the streams flow. There are no existing surface bodies of water within the development. There is an irrigation ditch that passes across the southern portion of the Anderson Park property and continues just south of the south property line. Ahtanum Irrigation District considers it a part of Hugh Bowman Ditch. 13. Indicate the topography of the site (shallow areas often retain water and may be wetlands, although wetlands may also occur on slopes). The site slopes gently to the east at approximately 1 1/2 percent. 14. How will stormwater from the project be managed? The runoff is proposed to be collected and managed on-site via surface retention and infiltration facilities or underground infiltration facilities. All facilities will be outside of the buffer area, and 100 -year flood plain. 15. Is development proposed to be clustered to reduce disturbance of critical areas? The site is clustered and no disturbance is proposed within the buffer or 100 -year flood plain. 16. Will this project require other government approvals for environmental impacts? D Hydraulic Project Approval (HPA) (Washington Department of Fish and Wildlife) D Water quality certification [(Washington State Department of Ecology (Ecology)). 13 National Pollutant Discharge Elimination System (Ecology). o Municipal or health district wastewater/septic approval (Ecology). o Water Use Permit; Certificate of Water Right (Ecology). o U.S. Army Corps Section 404 or Section 10 Permits. Forest Practices Permit (Washington State Department of Natural Resources (DNR)). o Aquatic Lands Lease and/or Authorization (DNR). D Shoreline development, conditional use, or variance permit (local jurisdiction). O Other C. Available Information 1. Has a critical area review, or other environmental review, been conducted for another project located on or adjacent to the site? List any environmental information known to have been prepared, or expected to be prepared, relating to this proposal or project area. None is known to exist. I). Wetlands 1. Is there any evidence of ponding on or in the vicinity of the site? There are no know wetlands on the property. 2. Does the proposed activity or construction involve any discharge of waste materials or the use of hazardous substances? There are no discharges anticipated as part of the construction activity. E. Critical Aquifer Recharge Areas 1. What is the permeability (rate of infiltration) of the soils on the site? (Note: General information for this question and the following question can be found in the Guidance Document for the Establishment of Critical Aquifer Recharge Area Ordinances, 2000, Ecology Publication #97-30). RECEIVED Approximately 1 inch per hour. Revised 08/2015 MAY 2 7 701 OffY OF YAKOM PLANO11'.‘:2 DIV Pagel4 INDEX #F-2 132 2. What is the annual average precipitation in the area? 6 to 12 inches per year. 3. Is there any evidence of groundwater contamination on or in the vicinity of the site? None are know to exist. 4. Is there any groundwater information available from wells that have been dug in the vicinity? If so, describe, including depth of groundwater and groundwater quality. Groundwater form neighboring test holes varies from six to ten feet. 5. Does the proposed activity or construction involve any discharge of waste materials or the use of hazardous substances? There are no discharges anticipated as part of the construction activity. F. Frequently Flooded Areas 1. Is the site, or a portion of the site, at a lower elevation than surrounding properties? The ditch area is at a slightly lower elevation than the adjacent property. G. Geological Hazard 1. Generally describe the site: Flat, rolling, hilly, steep slopes, mountainous, other. The site is generally flat and sloes gently to the east. 2. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill material. Normal grading to construct roads and building pads. No net increase or decrease, and no significant cuts or fills. 3. What is the steepest slope on the property? 1 1/2 percent 4. Is the area mapped by Ecology (Coastal Zone Atlas) or the Department of Natural Resource (slope stability mapping) as unstable ("U" or class 3), unstable old slides ("UOS" or class 4), or unstable recent slides ("URS" or class 5)? No 5. Is the area designated as quaternary slumps, earthflows, mudflows, lahars, seismic hazard, or landslides on maps published by the U.S. Geological Survey or Dept. of Natural Resources? No 6. Is there any indication of past landslides, erosion, or unstable soils in the vicini No 7. Is erosion likely to occur as a result of clearing, construction, or use? It is not anticipated and Best Management Practices will be employed to prevent erosion. 8. Are soils proposed to be compacted? Soils will be compacted in the road and building prisms only. 9. Are roads, walkways, and parking areas designed to be parallel to natural contours? RECEIVED The roads and walkways will slope with natural terrain to prevent cuts and fills. Revised 08/2015 INDEX MAY 27?1116 fry ,YA I; PLANT: .} DIV Page 5 Habitat 1. List any birds, mammals, fish, or other anima including those found during seasonal periods. Songbirds. 2. Is the site or areas in the vicinity used for co shellfish? No 3. Is the area designated an Area of Special Concern shellfish or the general aquatic habitat? No 133 species found in the vicinity of the site, mercial or recreational fishing, including under on-site sewage regulations to protect 4. Are any natural area preserves or natural resource areas No ocated within 500 feet of the site? 5. Is the site part of a migration route? Most of Washington State is part of the Pacific Flyway migratory route for birds. 6. Are any priority habitat areas, as shown on maps published by the WA Dept. of Fish & Wildlife, within one-half mile of the site? If so, describe type of habitat and distance from project area. No 7. Are any of the following located on or adjacent to the site? ❑ Aspen stands ❑ Estuary and estuary like areas ❑ Caves ❑ Marine/estuarine shorelines ❑ Cliffs ❑ Vegetative marine/estuarine areas ❑ Shrub -steppe ❑ Snags or logs ❑ Talus O Old-growth/mature forests ❑ Oregon white oak woodlands O Freshwater wetlands and fresh deepwater ▪ Juniper savannah • Prairies and steppe ▪ Riparian areas • Instream habitat areas ❑ Rural natural open spaces ❑Urban natural open spaces 8. Does the proposal involve any discharge of waste materials or the use of hazardous substances? There are no discharges anticipated as part of the construction activity. 9. What levels of noise will be produced from the proposed activity or construction? Normal construction noise and normal residential maintenance noise. i.e. lawn mowers, leaf blowers, power trimmers. 10. Will light or glare result from the proposed activity or construction? No, lights will be directed down or toward the interior. Required Attache 1. Are there any existing environmental documents for the subject property? None are known to exist. 2. Provide a detailed site plan which includes all the required items on the Site Plan Checklist, along with the extent and nature of on-site and off-site Critical Areas and the relationship of the project to those Critical Areas. Revised 08/2015 EX DI NODE Page D MAY 272016 CITY OF YAKIIV1 PUMA DW. 134 PROJECT DESCRIPTION Critical Areas ID Application The proposed Cottonwood Partners Anderson Park project will construct 660 units of apartments with 1,029 parking spaces on approximately 40.39 acres. As proposed the pjeot will short plat the 4O.38 acres into 6 multi -family |oto, and be constructed in five phases. The lot sizes will vary in size from approximately 4.83 acres to 10.01 acres. Lots 1 through 5 will contain the proposed 660 apartment units, and Lot 6 will remain as open space. The five lots with apartments will have frontage onto Occidental public road right-of-way which will need to be improved as part of this project, or as part of the neighboring Plat of Anderson Estates. Occidental will need to be improved as part of whichever development is constructed first Lot 6 will have frontage along South 64th Averiue and no development is to occur on this lot at this time. There are no existing surface bodies of water within the development. There is an irrigation ditch that passes across the southern portion of the Anderson Park property and continues just south of the south property line. Ahtanum Irrigation District considers it a part of Hugh Bowman Ditch. All proposed work is out of the buffer area and 100 -year floodplain. The closest point of proposed construction is 70 feet north of the ditch. Access to the short plat will be from private roads, and access and parking easements extending throughout the proposed Anderson Park short plat. off of Occidental Road. Nob Hill Water will serve the lots with domestic water City of Yakima sewer will serve the sewerage needs Storm water will all be contained on-site in retention svvm|e8, or underground infiltration. Phase 2 would construct 144 dwelling units in six separate structures, and 195 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. Upon completion of Phase 2, the secondary (emergency) access described in Phase 1 will be replaced with a paved 26 -wide drivevvmy, which will connect Phase 1 and Phase 2 to Occidental Road. Phase 3 would construct 132 dwelling units in six separate structures, and 198 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. An internal access road will be constructed as part of Phase 3 connecting to Phase 2 to improve traffic circulation Phase 4 would construct 126 dwelling units in five separate structures, and 218 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. An internal access road will be constructed as part of Phase 3 connecting to Phase 2 and 3 to improve traffic circulation. The undeveloped balance of the property is proposed to remain in native vegetation G:\PROJsCTS\2O101V0uo\P|uuappUcadonv\2n1s-0o-26Anderson Park Critical Areas INDEX Phase 1 would construct 126 dwelling units in six separate structures, and 192 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Occidental Road. Secondary (emergency) access will be provided from Phase 1 to Occidental Road at a point further east along the roadway. The secondary access is proposed to be constructed with an all-weather compacted 26 -foot wide gravel roadway. The secondary access is to be used for emergency vehicles only and Weill not service the public. Phase 5 would coristruct 132 dwelling units in six separate structures, and 226 parking spaces. Primary access will be through a 26 -foot wide paved driveway which connects to Phase 3 and 4 to improve traffic circulation. RE,,,CEIVED MAY 2 7 7016 , r o cinriing LAND USE APPLICATION CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98901 VOICE: (509) 575-6183 FAX: (509) 575-6105 INSTRUCTIONS — PLEASE READ FIRST Please type or print your answers clearly, Answer all questions completely. If you have any questions about this forrn or the application process. please ask a Planner. Remember to bring ail necessary attachmcnts and the required filing fec when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. This application consists of four parts. PART 1 - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART 11 and III contain additional information specific to your proposal and MUST be attached to this page to complete the applicalrno 135 APR 2 2 2r16 CITY OF YAKIMA PLAMP,222 ymk PART 1— GENERAL INFORMATIO, . Applicant's nformation: 2. Applicant's Interest in Pro e 3. Property Owner's Information (If other than Applicant): Name: Cottonwood Partners, LLC Mailing Address: P.O. Box 8335 City Yakima St: A Zip: 98908 Phone: 509 )949-0125 Es • lw mIlr@yahoo.com Check One: I 1 Owner 0 Agent 1 Name: Mailing Address: Purchaser Other City. 4. Subject Property's Assessor's Parcel Number(s 8 St: Zip. Phone: Legal Description of Prope See Attached lengthy, please attach it on a separate document 6. Property Address: Vicinity of Occidental Road and S. 64th Avenue 7. Property's Existing Zoning: 0 SR al R-1 0 R-2 0 R-3 0 B-1 0 B-2 Li HB E SCC fl LCC fl CBD 0 GC 8. Type Of Application: (Check All 0 Administrative Adjustment 0 0 IN1 Type (1) Review Type (2) Review Type (3) Review Preliminary Short Plat Final Short Plat Short Plat Amendment Preliminary Long Plat Final Long Plat Plat Alteration —Long Plat 0 AS 0 RD 0 M-1 M-2 That Apply) 0 Environmental Checklist (SEPA Review) 0 0 0 0 Right -of -Way Vacation Transportation Concurrency Non -Conforming Use/Structure Appeal to HE / City Council Interpretation by 1 tearing Examiner Modification Home Occupation Comprehensive Plan Text or Map Amendment Short Plat Exemption: LI LI 0 Easement Release Rezone Shoreline Critical Areas Review Variance Temporary Use Permit Overlay District Binding Site Plan Planned Development Other: PART SUPPLEMENTAL APPLICAT ON & PAR — REQUIRED ATTACHMENTS 9. SEE ATTACHED EETS PART IV — CERTIFICATION certify le information on tl y O7 er's Signature Applicant's Signature s application and the required attachments are tic an correct to the best of my knowledge. Date Date F E/APPLICA I ONCSW <1;-,pAttYY0‘b DATI't EE P ID: [It Revised 08/2015 R FDBV; YL' .**'ctot)3- otto tItY0Kt - AMOUNT PA! RticEietPT NO: t 47-ci C)CP'r'icl() Page I 3 DOC, INDEX 136 A A A AAA 1 t‘%,, erre VAK:MA cinning Supplemental Application For: PRELIMINARY LONG PLAT RECEV1 CITY OF YAKIMA, SUBDIVISION ORDINANCE, TITLE 14 APR 2 2 016 PART II - APPLICATION INFORMATION 1. PROPERTY OWNERS (attach if long): List all parties and financial institutions having an interest in the property. CL1 OF YAK VA Cottonwood Partners, LLC P.O Box 8335 Yakima, WA 98908 2. SURVEYOR AND/OR CONTACT PERSON WITH THEIR CONTACT INFORMATION: Lew Miller, Cottonwood Partners, 509-949-0125 Michael R. Heit, HLA Engineering and Land Surveying, Inc., (509) 966-7000. 3. NAME OF SUBDIVISION: Anderson Estates 4. NUMBER OF LOTS AND THE RANGE OF LOT SIZES: 5. SITE FEATURES: A. General Description: 0 Flat r] Gentle Slopes E] Steepened Slopes B. Describe any indication of hazards associated with unstable soils in the area, i.e. slides or slipping? N/A C. Is the property in a 100 -Year Floodplain or other critical area as mapped by any local, state, or national maps or as defined by the Washington State Growth Management Act or the Yakima Municipal Code? NO 6. UTILITY AND SERVICES: (Check all that are available) Electricity 1 Telephone LI Natural Gas 11 Sewe Cable TV 0 Water 0 Irrigation 7. OTIIER INFORMATION: A. Distance to Closest Fire Hydrant: 250 feet, along S. 64th Avenue B. Distance to Ncarcst School (and name of school): 5,800 feet, West Valley Junior High C. Distance to Nearest Park (and name of park): 7,300 feet, West Valley Park D. Method of Handling Stormwater Drainage: On site underground infiltration and swales. H. Type of Potential Uses: (check all that apply) 11 Single -Family Dwellings 11] Two -Family Dwellings 0 Multi -Family Dwellings El Commercial 0 Industrial PART III - REQUIRED ATTACHMENTS 5 8. PRELIMINARY PLAT REQUIRED: (Please use the attached City of Yakima Preliminary Plat Checklist) 9, TRAFFIC CONCURRENCY: (if required, see YMC Ch. 12.08, Traffic Capacity Test) 10. ENVIRONMENTAL CHECKLIST (required): I hereby authorize the submittal of the preliminary plat application to the City of Yakima for review. 1 understand that conditions of approval such as dedication of right-of-way, easements, restrictions on the type of buildings that may be constructed, and access restrictions from public roads may be imposed as a part of preliminary plat approval and that failure to meet these conditions may result in denial of thc final plat. Property Owner Signature (required) Note: if you have any questions about this prOcess, please contact us City of Yakima, Planning Division, 129 N. 2nd St.,. Yakima, WA or 509-575-6183 Revised 08/2015 Page 4 Doc. INDEX 137 LEGAL DESCRIPTION PARCEL NO. 181333-33038 THE SOUTH 363 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.; EXCEPT THE WEST 282 FEET THEREOF; AND EXCEPT THE SOUTH 198 FEET OF THE WEST 285.35 FEET THEREOF; AND EXCEPT THE EAST 112.85 FEET OF THE WEST 772.85 FEET OF THE SOUTH 198 FEET THEREOF; AND EXCEPT THE SOUTH 5 FEET THEREOF GRANTED TO THE CITY OF YAKIMA BY QUIT CLAIM DEED A,F.NO. 7748309. SITUATE IN YAKIMA COUNTY, WASHINGTON. RECEIVED APR 2 2 ?OM CITY OF YAKIMA �� l',"0"41 DIV COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 G-1 G-2 EXHIBIT LIST CHAPTER G Public Comments Comment Letter from Hasan Tahat, Ph.D., Yakima Regional Clean Air Agency Comment Letter from JoAnn Houfek 138 08/08/2016 08/09/2016 G-3 Comment Letter from Jerry D. Talbot representing Ahtanum Irrigation District 08/18/2016 G-4 Comment Letter from Gwen Clear, Dept. of Ecology 08/19/2016 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 125() W Aider Sr • Union Gap, RA 98903-0009 • (509)575-2490 August 17, 2016 Trevor Martin Community Development City of Yakima 129 North 2nd Street Yakima, WA 98901 Dear Mr. Martin: Thank you for the opportunity to comment on the mitigated determination of nonsignificance for the 5 phase development of Anderson Park and Anderson Estates, proposed by Cottonwood Partners, LLC. We have reviewed the documents and have the following comments. TOXICS CLEAN-UP WATER QUALITY Re: SEPA011-16, CA0001-16, PLP003-16, PSP003-16 RECEIVED AUG 1 9 2016 CITY OF YAKIMA PLANNri3oJv Based upon the historical agricultural use of this land, there is a possibility the soil contains residual concentrations of pesticides. Ecology recommends that the soils be sampled and analyzed for lead and arsenic, and for organochlorine pesticides. If these contaminants are found at concentrations above the Model Toxics Control Act cleanup levels Ecology recommends that potential buyers be notified of their occurrence. If you have any questions or would like to respond to these Toxics Clean-up comments, please contact Valerie Bound at (509) 454-7886 or email at valerie.boundrdec ,.wa. rov. Project with Potential to Discharge Off -Site The NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is a potential for stormwater discharge from a construction site with disturbed ground. This permit requires that the SEPA checklist fully disclose anticipated activities including building, road construction and utility placements. Obtaining a permit is a minimum of a 38 day process and may take up to 60 days if the original SEPA does not disclose all proposed activities. The permit requires that Stormwater Pollution Prevention Plan (Erosion Sediment Control Plan) is prepared and implemented for all permitted construction sites. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by stormwater 140 Mr. Martin August 17, 2016 Page 2 runoff. Permit coverage and erosion control measures must be in place prior to any clearing, grading or construction. More information on the stormwater program may be found on Ecology's stormwater website at: htt ://www.ecv,wa. ov/ ro ,rains/wc. /storinwater/construction/. Please submit an application or contact Ray Latham at the Department of Ecology, (509) 575-2807, with questions about this pe Sincerely, Gwen Clear Environmental Review Coordinator Central Regional Office (509) 575-2012 crosepacwordinator(ckewwa.a0V 5718 DOC. INDEX # G - RECEIVED AUG 1 9 2016 CITY OF YAKIM6 PLA MM DIV 141 TALBOTT, SIMPSON & DAVIS, PS Attorneys at Law Jerry D. Talbott 308 North 2" Street Jeffrey R. Simpson Yakima, WA 98901 James E. Davis Phone: (509) 575-7501 Jasmine M. Widmer* Fax: (509) 453-0077 Jodi K. Felton Michael D. Simpson *Licensed in New Jersey *Practice limited to immigration/nationality law, August 16, 2016 Joan Davenport AICP Directoi Department of Community Development 129 N. Second St., 2nd Floor Yakima, WA 98901 RE: Cottonwood Partners LLC SEPA #011-16, CAO #001-16, PLP #003-16, PSP #003-16 Dear Ms. Davenport: I represent the Ahtanum Irrigation District and we are responding to your request for comments on the above preliminary long plat and preliminary short plat filed by Cottonwood Partners LLC. We do have one major issue with comments they made under Paragraph 3 a. 1. and 2. They indicate there is no major water problem, as the Hugh Bowman Ditch does not affect their property. We respectfully disagree with that. Enclosed is a copy of the plat for the area and it shows in blue the Hugh Bowman Ditch crosses the short plat approximately in the middle. This is a waterway that has water in it nearly the entire year and, at various times the ditch is used for supplyinp_, Ahtanurn irrigators with their irrigation water. This is recognized by the state and in the recent adjudication in Yakima County Superior Court. As such, it is necessary that the ditch remain where it is and, as a safety precaution, it is extremely important that it be piped. Our stream patrolman, George Marshall, has already discussed the matter with the City Planning Department and they are in agreement with the piping. It will need to be as large as the piping where it runs under the county road and will need to have a cleanout manhole for access to it to clear any obstructions that might occur. RECEIVED NCEDOC.X AUG 1 8 2016 CITY OF YAKIIVip PLA 11 DIV Joan Davenport Page 2 of 2 Should the ditch not be piped, it would be extremely dangerous for all the small children and other residents living in this very large development. The ditch runs across where their parking area is proposed. 142 On another subject, the proposal indicates there is no problem with the 100 -year flood. This is really not our concern, but the information we have seen would indicate that a very substantial part of the two areas is within the 100 year plain. The other item that is not particularly our concern but is certainly important is the impact on traffic in the area should all these housing units be built and filled with families, the amount of traffic would appear to overwhelm the roads in the area. Again, our main concern is the Hugh Bowman Ditch and we are insistent that it will need to be piped and have an appropriate manhole. Thank you very much for your consideration of this request. Very truly yours, Jerry D. Talbott JDT:seh Enclosure Cc: Ahtanum Irrigation District -Beth Ann Burlotte RECEIVED DOC. AUG 1 8 2016 INDEX CITY OF YAKIM G PLANN:P.i3 DIV RECEIVED 18120511001 a pr maim RECEIVED AU S 1 8 z016 CITY OF YAkIM PLA 3!V. 18120513009 18120511001 \--(4Tkrotpkv mok) 00 Z 145 To; Joan Davenport, City of Yakima Planning Division. Regarding the application file numbers SEPA# 011-16, CAO# 001-16, PLP# 003-16, PSP# 003-16. I am very concerned with the amount of vehicle traffic this development will add to this intersection. This is already a dangerous intersection and there will be fatalities when there are thousands more cars in and out of the development. Similar development such as the apartment buildings Borton's built off Nob Hill and 48th have several ingress and egress driveways, not just one. I live on the corner of Occidental and S. 64th Avenue. Our driveway is just south of Occidental. As it is now we have to be very careful when pulling off S. 64th Avenue and have had many times where we have just missed being in an accident. At the very least there needs to be a turn lane both north and south and a traffic signal on 64th and Occidental. It would be best if there were more access roads in and out of this development. I feel the high density apartment buildings are out of place for the area. It would be a better fit if it was all single family and duplex lots. Sincerely, JoAnn Houfek ) L.) 2302 S 64th Avenue Yakima, Wa. 98908 YAKIMA REGIONAL CLEAN A R AGENCY August 4, 2016 Joan Davenport, Community Development Director City of Yakima Planning Division 129 North Second Street. 2nd Floor Yakima, WA 98901 146 329 North First Street, Yakima II/A 98901 Phone: (509) 834-2050 Fax: (509) 834-20(j0 Web.site: http://)nor.yakimaeleanair.org RE: SEPA#011-16, CAO#001-16,PLP#003-16,0SP#003-16; Establishment of a single fa and multifamily subdivision in R-1 and R-3 zoning district. Dear Ms, Davenport: Thank you for providing the Yakima Regional Clean Air Agency (YRCAA) the opportunity to review and comment on the above subject project. Following review, YRCAA has the following comment: 1 Prior to demolishing and renovating any structures an asbestos survey must be done by a certified asbestos building inspector; 2. Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition; 3 A Notification of Demolition and Renovation (NODR) application must be filed with YRCAA and the appropriate fee should be paid; 4. Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust Control Plan with YRCAA and get approval, prior to the start of any work; 5. The proponent/developer must address the air emission impact, in particular PM2,5 prior to any SEPA approval. Air emission from such a large development (35 single family and 660 apartment units), if using solid fuel devices (i.e., fireplaces, woodstoves) during the winter season at one time, may violate the National Ambient Air Quality Standards (NAAQS) for the 24 hours average; 6. The proponent/developer must address the air emission impact from the development and show that the National Ambient Air Quality Standards (NAAQS), in particular PM2.5, is not violated prior to the issuance of any SEPA approval; 7. This project is located within Yakima's Urban Growth Area; therefore, burning is prohibited at all times; and 8. Roads shall be maintained at all times to prevent any offsite dust transport; Thank you for the opportunity to connect with the county's continued support in protecting the air quality in Yakima County. HasanM at, h.D. Engineering and Planning Division Supervisor RECEIVED AU 0 8 2016 CITY OF YAKIK0, PLANMA DIV H-1 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 EXHIBIT LIST CHAPTER H Notices Determination of Incomplete Application H-2 Determination of Application Completeness & Request for Additional Information H-3 Notice of Application & Environmental Review H -3a: Parties and Agencies Notified H -3b: Affidavit of Mailing H-4 H-5 11-6 H-7 H-8 II -9 Request for Additional Information Notice of Decision for Transportation Concurrency Analysis Notice of Mitigated Determination of Non -Significance H -6a: Parties and Agencies Notified H -6b: Affidavit of Mailing Notice of SEPA Addendum H -7a: Parties and Agencies Notified H -7b: Affidavit of Mailing Notice of H.E. Public Hearing H -8a: Legal Notice H -8b: Press Release and Distribution E- mail H -8c: Parties and Agencies Notified H -8d: Affidavit of Mailing Land Use Action Installation Certificate II -10 HE Agenda and Packet Distribution List H-11 HE Agenda & Sign -In Sheet H-12 Notice of Continuance of Hearing to April 13, 2017 H-13 H-14 H-15 HE Agenda and Packet Distribution List — Continued Hearing HE Agenda & Sign -In Sheet — Continued Hearing Notice of Continuance of Hearing to May 11, 2017 147 09/30/2016 12/21/2016 12/23/2016 02/14/2017 02/16/2017 02/27/2017 03/16/2017 03/23/2017 03/23/2017 04/06/2017 04/13/2017 04/13/2017 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 EXHIBIT LIST CHAPTER H Notices - PAGE 2 - H-16 HE Agenda and Packet Distribution List -2nd Continued Hearing 148 05/04/2017 H-17 HE Agenda & Sign -n Sheet — 2"d Continued Hearing 05/11/2017 H-18 Notice of Hearing Examiner's Recommendation (See DOC INDEX#AA-1 for H.E. Recommendation) H -18a: Parties and Agencies Notified H -18b: Affidavit of Mailing 05/30/2017 H-19 Agenda Statement: Set Date of City Council Public Hearing 06/20/2017 H-20 Letter of Transmittal to City Clerk: City Council Hearing (mailing labels, site plan, and vicinity map) 06/21/2017 H-21 City Council Public Hearing Notice 06/23/2017 OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 • Fax (509) 576-6614 CITY OF YAKIMA NOTICE OF PUBLIC HEARING Anderson Estates Preliminary Plat 149 NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a "Closed Record" public hearing on Tuesday, July 11, 2017 at 6:30 p.m., or as soon thereafter, in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima, WA to consider the Hearing Examiner's recommendation on the application submitted by Cottonwood Partners, LLC for a 35 -lot preliminary plat known as Anderson Estates, located in the vicinity of Occidental Road and S. 64th Avenue. Closed Record Hearing means the public is invited to testify on the existing Hearing Examiner's records, but will not be allowed to introduce any new information. Any citizen wishing to comment on this request is welcome to attend the closed record public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2nd Street, Yakima, WA 98901"; or, 2) E-mail your comments to citycouncilAyakimawa.gov Include in the e-mail subject line, "Anderson Estates preliminary plat." Please also include your name and mailing address. Dated this 23rd day of June, 2017. Sonya Claar Tee, CMC City Clerk Mailed June 23, 2017 DOC. INDEX # A 18 PRELIMINARY PLAT OF "ANDERSON ESTATES" (A PORTION OF THE SOUTHWEST 1/4, SOUTHWEST 1/4, SECTION 33, TOWNSHIP 13 NORTH, RANGE 18 EAST, W M.) 6.koot...w 660.8. sek rk,ka,kkSka akko$ mzkk,,.4 VICINITY MAP - ; KNA krk. ak.A7cauk”Zos*INTS 6.k` C.IkEn ktk,FAGra - SAIE (t.I9A.C. EEPIkk CITY OF YAKIMA - RESIDENTIAL SECTION•AN 2803 giver Road Yakima, WA 98902 509.966 7000 Falk 509 965 3800 www.hlacwilom ZAL PLAT ROAD) 66-1PAP ..ksk ko.rtakakkak kykrkkokkkAr kkakkatkk ki,kkkk 71,74r.' / /AA 666 A ,ks° A=AkZ6z. *Aso ..kiklak kkk!kkkok ow. kkkkM PAW. kerkk. CITY OF YAKIMA - RESIDENTIAL SECTION (OCCIDENTAL ROAD) NOT TI.C.P . fOOkAIO.ii$44.. Akkot. . k k StA 011'117,Z.ZA. PAVi SUM I% FEU OF' WEST frEr gira'SUtrIVO Ork,'; MOW, niC 591111 9 FITT MANI= 10 y FR MO CIA. F 140 skA. k..kkks zekkkkt Malt kW., 4. ka* mk.km+kkkkto kne.V ..krkkkakkams [ROM. kk • M., kkakkkkot nap,. k krksk .k ko, sk,kkk. 6 ati knk. WAIER CENERAIIT SV W,E14,901. URI,Ork. -FD PF nne M.., DI aw `Ai ACCOWDAnta .1 WY or 7.. 51;Naklik 0.41kERING WOUREIRI,I2 THT6P PROPORD Of kk n. FIRE HYDRANT LWAITIONS, PO FIE M.SC., A1413 sourkkArak knk tIXIEN 40 Hs MV21,0 WU..., NM' IV 11C1L1..11 ^101 010.1 Old 'NS KAN DOMN, rr CAD. MEM.. :kinks ma SM. kko Asks ko Ass KM. INT ME ID BE I CCP= 1.9,911 .4" Nkst .kk,,,trkokk Am.. To COWYNKS: Valk TR .11e. "Anus oskAkk. skk 14EIR FACII,1£2 - rff,,Ar 5£1BACIT VOC ,11014, CORR. L, TOE MON PRkkIlklk JAIL nstO I, ROW s wax Mal MUMMY IMAM UAW. WASH ..0101.4 ,kenkaMsk ELEVANON: 116166 NAVD01) 6/EYE/SI:TB N910NEER/SURVEYOR COTTONWOOD PARTNERS LLC P.O. AU 8395 `OSOSIS WA 58508 EMSPOiSkOSS ANOLOSIS SONSESSOS 2803 RISER MAD HAKIM& WASHINGTON 98802 MICSIAEL. IR HER, PE 0828068,3(10 150000S41400 RCEL NO. 181333-33038 kikkkekP COTTONWOOD PARTNERS Pkf. k.Makkkk rok.kkokkk. ,S..12Uk4kE kkk k PLAT OF ANDERSON ESTATES CITY OF YAKIMA YAKIMA COUNTY, WASHINGTON '656AWW6. 62 kAAWCW kketRk* BY no PRELIMINARY PLAT 1 2 PRELIMINARY PLAT OF "ANDERSON ESTATES" (A PORTION OF THE SOUTHWEST 1/4, SOUTHWEST 1/4, SECTION 33, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.) PHASE 1 PHASE 2 LOT 11 ,000* SF LOT 12 7,0000 SF LOT 13 •7,0002 SF LOT 15 7,0004 SF LOT 15LOT 17 7,0602 SF V „ 7,0002 S LOT 35 ,0002 SF LOT 1 7,9855 SF LOT 4 7,992# SF LOT 5 8,1775 5F LOT 19 10.3144 5F LOT 20 9,397# SF LOT 26 7,2852 5F _ rt,rar r 157h 1,]00/ SF r ax yp LOT 24 7,0544 SF LOT 29 9,002* 5F µ'.Warr LOT 28 9,0895 SF PROPOSED OFVFLOPMENT "ANDERSON PARA' 2803 River ftouci Yakima. W A 98902 509 966 7000 Fax 509 963.36)0 www hiaciril wm k t Aji •... 7: Y• COTTONWOOD PARTNERS PLAT OF ANDERSON ESTATES CITY OF YAKIMA, YAKIMA COUNTY, WASHINGTON PRELIMINARY PLAT VICINITY MAP 152 M■■aVk #,,1 Lt_ PIannmg g File Number: PLP#003-16 Project Name: COTTONWOOD PARTNERS LLC — "ANDERSON ESTATES" Site Address: Vicinity of S 646 Ave & Occidental Rd J 1 i 1 T -- a • \ - Proposal: Proposed long plat that will subdivide approximately 8.27 acres into 35 single-family lots in the R-1 zoning district over the course of two phases of development. Contact the City of Yakima Planning Division at (509) 575-6183 Map Disclaimer: Information shown on this map is for planning and illustration purposes only The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided her rai C. LIIV®r-:X H-21 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Lisa Maxey, as an employee of the City of Yakima, Planning Division, have transmitted to: Sonya Claar-Tee, City Clerk, by hand delivery, the following documents: 1. Mailing labels for Cottonwood Parterns LLC - "Anderson Estates" (PLP#003-16) including all labels for adjoining property owners of the subject property, agencies and parties of record. 2. Two site plans 3. One vicinity map. Signed this 21st day of Tune, 2017. Lisa - Lisa Maxey Planning Specialist Received By: Date: 153 DOC. INDEX -020 33333038 OD PARTNE PO BOX 8353 YAKI : A 98908 154 18133333027 GRILLO FAMILY HOLDING TRUST 6102 WALLA WALLA ST YAKIMA, WA 98903 18133333028 DANIELJ GERMAN 6104 WALLA WALLA ST YAKIMA, WA 98903 18133333440 ELISEO & VALENTINA MORENO 951 GROMORE RD YAKIMA, WA 98908 18133334003 DONNA J MELTON 5901 WALLA WALLA ST YAKIMA, WA 98903 18133333434 EARL L BOHANNAN JR 2121 S 61ST AVE YAKIMA, WA 98903 18133333423 ERIC MOODY PO BOX 3262 UNION GAP, WA 98903 18133334004 FRANCIS A & PAULA MOORE 5909 OCCIDENTAL RD YAKIMA, WA 98903 18133333023 GREGORYJ GOODMAN 4 S 10TH AVE YAKIMA, WA 98902 18133334009 LINDA ANN CURLEE 5805 OCCIDENTAL RD YAKIMA, WA 98903 18133334007 HAROLD W MATHIS PO BOX 10899 YAKIMA, WA 98909 18133333026 MALCOLM E & DIANE M HANKS 11504 OCCIDENTAL RD YAKIMA, WA 98903 18133333031 JASON HOWE 620 GROMORE RD YAKIMA, WA 98908 18133333029 MARIA I MARENTES VELASCO 6106 S WALLA WALLA YAKIMA, WA 98903 18133333016 MARIO GARCIA 2209 S 64TH AVE YAKIMA, WA 98903 18133333024 MIGUEL & MARIA V RUVALCABA 6201 WALLA WALLA ST YAKIMA, WA 98903 18133333030 OLIVIA MORENO 2201 S 64TH AVE YAKIMA, WA 98903 18133333439 RICHARD A KAREL PO BOX 11203 YAKIMA, WA 98909 18133333435 SHARMIE A COBB 2116 S 61ST AVE YAKIMA, WA 98903 18133333014 PAMELAJ STEPHENS 2203 S 64TH AVE YAKIMA, WA 98903 18133333037 RANDALL D SHEPARD 2223 S 64TH AVE YAKIMA, WA 98903 18133333035 RONALD & KRISTIN BENJAMIN 5903 WALLA WALLA ST YAKIMA, WA 98903 18133334006 RONALD L & LEANNE M AMER 11800 RUTHERFORD RD YAKIMA, WA 98903 25 Total Parcels - Cottonwood Parnters LLC - "Anderson Estates" - PLP#003-16 DOC. INDEX 20 Jerry D Talbott 308 N 2nd St Yakima, WA 98901 JoAnn Houfek 2302 S 64th Ave Yakima, WA 98908 Louis Alderman 2008 S 915' Ave Yakima, WA 98903 Mailing Labels for City Council Public Hearing Other Parties of Record Preliminary Plat - "Anderson Estates" Ahtanum Irrigation District c/o George Marshall 10705-B Gilbert Road Yakima, WA 98903 georern@ahtanum,,net Yakima Regional Clean Air Agency Hasan M Tahat, Ph.D. 329 N 1st St Yakima, WA 98901 James Carmody 230 S 2nd St Yakima, WA 98901 155 Department of Ecology c/o Gwen Clear 1250 W Alder St Union Gap, WA 98903 crosepacoordinator@ecy,wa.gov Scott Wilson 2410 S 56th Ave Yakima, WA 98903 Doug Hughes Hu hes8541 msn.com PRELIMINARY PLAT OF "ANDERSON ESTATES" (A PORTION OF THE SOUTHWEST 1/4, SOUTHWEST 1/4, SECTION 33, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.) IS ED ICY ,ES.DtprIAL VICINITY MAP - N.T.& CITY OF YAKIMA -: RESIDENTIAL. SECTION (INTERIOR PLAT. ROAD1.. 2803 River Road Yakima, WA 98902 509.9663000 Fax 509 965.3800 ;whlaz,ivil.:wm GOORDINAT, MIN 1. iLF111M VTL, 1,111 DE DATUM ELEVA71661.. MINA COUNTY A'_UMINUN CV ar rA wTEa190910 cP Aye AN9 OCCI9ENYAL RQ ELEVATION: 110199 (NAPA88) DEVELOPER ENGINEER/SURVEYOR CITY OF YAKIMA - RESIDENTIAL SECTION (OCCIDENTAL ROAD) COTTONWOOD BOXWm35 PARTNERS, u.c nai roeaxe YAKIMA, WA 98805 H9A ENGINEERING AND LAND SURVEYING, INC,. 28900)VER ROAD YAKIMA, WASHINGTON 98902 MICHAEL R. NEM, PE TIM FRIES. PLS (500)9667000 -. COTTONWOOD PARTNERS PLAT OF ANDERSON ESTATES CITY OF YAKIMA, YAKIMA COUNTY, WASHINGTON EZ BY PRELIMINARY PLAT kl PRELIMINARY PLAT OF "ANDERSON ESTATES" (A PORTION OF THE SOUTHWEST 1/4, SOUTHWEST 1/4, SECTION 33, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M.) PHASE 1 PHASE 2 LOT 15 LOT 16 7,000± SF y;§ ,900± SF LOT 17 7,0093 SF LOT 30 10,0091 SF LOT 8 9 8,177t5F LOT 26 7205* ST LOT.25 7.Oa0r SF LOT 24 7,0544 SF LOT 28 9,002±5F LOT 28 9,0694 SF P±.OPOSF? 7EYEoOPUENT 'A60�,± 000 PAR. - 2893 River Road Yakima., WA98902 509.066 7009 Fax 509 965 3800 WWW hlacivit±om COTTONWOOD PARTNERS PLAT OF ANDERSON ESTATES CITY OF YAKIMA, YAKIMA COUNTY, WASHINGTON SE B PRELIMINARY PLAT VICINITY MAP File Number: PLP#003-16 158 ///■■►\\ AMM Lt PlarininMA Project Name: COTTONWOOD PARTNERS LLC — "ANDERSON ESTATES" Site Address: Vicinity of S 64th Ave & Occidental Rd arsrrr'n 4,44 \ i._ SITE Proposal: Proposed long plat that will subdivide approximately 8.27 acres into 35 single-family lots in the R-1 zoning district over the course of two phases of development. Contact the City of Yakima Planning Division at (509) 575-6183 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. DOC. INDEX #H -a© 0/29/2017 Coversheet ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 159 Item No. 6.F. For Meeting of: June 20, 2017 Set July 11, 2017, as the date for a closed record public hearing to consider the Hearing Examiner's recommendation on the preliminary plat of Cottonwood Partners "Anderson Estates" Iocated in the vicinity of S 64th Ave & Occidental Rd Joan Davenport, AICP, Community Development Director Joseph Calhoun, Planning Manager (509) 575-6042 SUMMARY EXPLANATION: Anderson Estates is a 35 -lot preliminary Plat in the vicinity of Occidental Avenue and South 64th Avenue. ITEM BUDGETED: NA STRATEGIC PRIORITY: STAFF RECOMMENDATION: Set July 11, 2017, as the date for a closed record public hearing. BOARD/COMMITTEE RECOMMENDATION: The Hearing Examiner recommended approval on May 25, 2017 ATTACHMENTS: Description n 618/2017Upload Dat Type Backup Material 1/1 160 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PLP#003-16 Cottonwood Partners LLC - "Anderson Estates" Vic of S 64th Ave & Occidental Rd I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner's Recommendation. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and parties of record, and that said notices were mailed by me on the 30th day of May, 2017. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist DOC. INDEX ib 18120512003 BETTY M STEWART SURVIVORS TRUST 14665 154TH PL SE RENTON, WA 98058 18120514004 CONGDON ORCHARDS INC PO BOX 2725 YAKIMA, WA 98907 18120511001 OTf'ONW000 PARTNERS LLC PO X 8353 YAKIMA, WA 9890$ 1513009 COTTO { !SOD PARTNERS LLC PO BOX A, WA 98908 18120513019 VEST `4 TS LC 18133333038 C®- ONWOOD PARTNERS LLC POB YAKI 18120513017 18120513413 FAIRWAY INVESTMENTS LLC 6S2NDST STE918 YAKIMA, WA 98901 18120513018 VESTMENTS C 18133333027 GRILLO FAMILY HOLDING TRUST 6102 WALLA WALLA ST YAKIMA, WA 98903 YAKIMA, WA 98901 18120514402 NOVOBIELSKI SURVIVORS TRUST 5809 AHTANUM RD YAKIMA, WA 98903 18120422002 NOVOBIELSKI SURVIVUST 5809 A A, WA 18120423005 SKI 18133333029 CHRISTOPHER SANCHEZ 6106 S WALLA WALLA YAKIMA, WA 98903 18133333028 DANIEL J GERMAN 6104 WALLA WALLA ST YAKIMA, WA 98903 18133244009 CHESTER A MILLER 2212 S 64TH AVE YAKIMA, WA 98903 18120512401 DENNIS L & JOANN M HOUFEK PO BOX 8012 YAKIMA, WA 98908 18133334003 DONNAJ MELTON 5901 WALLA WALLA ST YAKIMA, WA 98903 18133333423 ERIC MOODY PO BOX 3262 UNION GAP, WA 98903 18133333434 EARL L BOHANNAN JR 2121 S 61ST AVE YAKIMA, WA 98903 18133334004 FRANCIS A & PAULA MOORE 5909 OCCIDENTAL RD YAKIMA, WA 98903 18133333023 GREGORY J GOODMAN 4 S 10TH AVE YAKIMA, WA 98902 18120513400 JAM & BO PO BC' A, WA 989+ EOERZ 18133334007 HAROLD W MATHIS PO BOX 10899 YAKIMA, WA 98909 18133333031 JASON HOWE 620 GROMORE RD YAKIMA, WA 98908 18133333440 ELISEO & VALENTINA MORENO 951 GROMORE RD YAKIMA, WA 98908 18120513013 GARY & RUTH HANSEN 21611 AHTANUM RD YAKIMA, WA 98903 18120513401 JAMES W & BONNIE GOERZ PO BOX 9846 YAKIMA, WA 98909 18133334407 JOSEPH E & JENNIFER WALS 5709 WALLA WALLA ST YAKIMA, WA 98903 18120514405 LARRY E WOLF 5819 AHTANUM RD YAKIMA, WA 98903 18133334009 LINDA ANN CURLEE 5805 OCCIDENTAL RD YAKIMA, WA 98903 18133333016 MARIO GARCIA 2209 S 64TH AVE YAKIMA, WA 98903 3333036 MAR ARCIA 2209 S 64'.,.r YAXLM-A 1 A 98903 18133333030 OLIVIA MORENO 2201 S 64TH AVE YAKIMA, WA 98903 18133333014 PAMELA J STEPHENS 2203 S 64TH AVE YAKIMA, WA 98903 18133244004 RAYCHELJ LARSEN 2208 5 64TH AVE YAKIMA, WA 98903 18133333439 RICHARD A KAREL PO BOX 11203 YAKIMA, WA 98909 18133333026 MALCOLM E & DIANE M HANKS 11504 OCCIDENTAL RD YAKIMA, WA 98903 162 18133333024 MIGUEL & MARIA V RUVALCABA 6201 WALLA WALLA ST YAKIMA, WA 98903 18133333037 RANDALL D SHEPARD 2223 S 64TH AVE YAKIMA, WA 98903 18133333035 RONALD & KRISTIN BENJAMIN 5903 WALLA WALLA ST YAKIMA, WA 98903 18133244005 RONALD & SHELLY L VORIS 6409 OCCIDENTAL RD YAKIMA, WA 98903 18133334006 RONALD L & LEANNE M AMER 11800 RUTHERFORD RD YAKIMA, WA 98903 18133333435 SHARMIE A COBB 2116 S 61ST AVE YAKIMA, WA 98903 18120514409 VERNON & PAMELA HIBBARD 5815 AHTANUM RD YAKIMA, WA 98903 18133244007 RYAN & JOLENE M MAYGRA 2210 S 64TH AVE YAKIMA, WA 98903 18133244006 WILLIAM H & CHERYL S WYCKOFF 6407 OCCIDENTAL RD YAKIMA, WA 98903 48 Total Parcels - Cottonwood Partners LLC - SEPA#003-17 Cottonwood Partners LLC c/o Lew Miller PO Box 8335 Yakima, WA 98908 Huibregtse Loumari Assoc. it c c/o Mike Het 2803 River Rd Yakima, WA 98902 INDEX • !, GL Parties of Record — Uotton ood Partners LLC "Anderson Estates" — PLP#003-16 163 Cottonwood Partner c/o Lew Miller PO Box 8335 Yakima, WA 98908 vahoo.co s LLC Cottonwood Partner Po Box 8353 Yakima, WA 98908 s LLC Huihregtse Louman Assoc. Inc c/o Mike Heit 2803 River Rd Yakima, WA 98902 hlaeivil.cotrt Jerry D Talbott 308N2"d St Yakima, WA 98901 JoAnn Houfek 2302 S 64'h Ave Yakima, WA 98908 Ahtanum irrigation Distri c/o George Marshall 10705-B Gilbert Road Yakima, WA 98903 reorezra'rr)ahli+num,net' Yakima Regional Clean Air Agency Hasan M Tahat, Ph.D. 329 N l" St Yakima, WA 98901 Department of Ecology c/o Gwen Clear 1250 W Alder St Union Gap, WA 98903 cruse acoordlnatcravec ov inda Curlee 5805 Occidental Rd Yakima, WA 98903 Scott Wilson 2410 S 66th Ave Yakima, WA 98903 Paula Moore 5909 Occidental Rd Yakima, WA 98903 Louis Alderman 2008 S 91s' Ave Yakima, WA 98903 Doug I Iughes 1 Iuhes854I riOnsn car James Carmody 230S2nd St Yakima, WA 98901 Name Carolyn Belles In -House Dis Division ibution E-mail List Code Administration E-mail Address Car Anna a.Dov, Glenn Denman Code Administration enn.Den kit a. * o Joe Caruso Code Administration Suzanne DeBusschere Code Administration Dan Riddle Engineering Dan.R,iddle akima a.:.ov Mike Shane Engineering Mike.Shan akimaa.oy Mark Soptich Fire Dept Jeff Cutter Legal Dept Sara Watkins Legal Dept Archie Matthews ONDS oan Davenport Planning ark.So° tich ;Cott aktrtrawagov akitnawa Dov an.laven akimawa Chief Rizzi Police Department tiie RIl a,itwa.gov Scott Schafe Loretta Zammarchi Randy Layman Public Works Dept Refuse Division Refuse Division Sao cha ter Rand yakirnaw;gov Zammarch iiakkimawa. ov akimawa. Dov Naeem Kara Transit Division NaeemtKarai akitnawa.gov James Dean Utilities 1 amen. Deanyakirnawa. goy Dana Kallevig Wastewater Dana.Kalievi akittlawa..gov Randy Meloy Wastewater .and. ` E kiawa,gov For the Record/File Binder Copy Type of Notice: File Number: Date of Mailing: Reco LP - enialiati 3or7 Revised 0112017 164 Maxey, Lisa From: Maxey, Lisa Sent: Tuesday, May 30, 2017 10:28 AM To: Belles, Carolyn; Brown, David; Calhoun, Joseph; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Desgrosellier, Bob; Ibarra, Rosa|inda;KaUevig' Dana; Kara, Naeem; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Watkins, Sara; Zammarchi, Loretta Cc: Calhoun, Joseph Subject: Notice of Hearing Examiner's Recommendation Cottonwood Partners - 'Anderson Estates PLP#003-18 Attachments: NOTICE OF HE RECOMMENDATION - Cottonwood Partners Anderson Estates P....pdf Attached is a Notice of Hei Examiner's Recommendation regarding the above -entitled project. If you have any questioner Joseph Calhoun at (509) 575-6042 or email to: joseph.calhounayakimawa.gov. Thank you! Lisa M ey Planning Specialist 1 City of Yakima Planning Division Planning Division - P: (509) 575-6183 1 F: (509) 575-6105 Direct Line: (509) 576-6669 - LIA8.t.M.P.89Y&XtkilitaN4,9PY 129 N 2"d Street, Yakima, WA 98901 1 DOC. INDEX # • sm• #00 Piaci, ,Ty ?nib DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AlCP, Director 129 North Second Street, 2" Floor, Yakima, WA 98901 ask.planninggyakimawa.gov • www. yakimawa. gov/services/planni ng NOTIFICATION OF HEARING E MINER'S RECOMMENDATION TO THE CITY COUNCIL May 30, 2017 165 On May 25, 2017, the City of Yakima Hearing Examiner rendered his recommendation on PLP#003-16. The application submitted by Cottonwood Partners LLC is a proposed long plat that will subdivide approximately 8.27 acres into 35 single-family lots in the R-1 zoning district over the course of two phases of development. The application was reviewed at an open record public hearing held on March 23, 2017, which was continued to April 13, 2017 and concluded on May 11, 2017. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Planning Manager Joseph Calhoun at (509) 57 -6042 at the City of Yakima, Planning Division. J eph Calhoun Planning Manager Date of Mailing: May 30, 2017 Enclosures: Hearing Examiner's Recommendation DOC. Ya ki m a EX 1111' IND 2015 .8 1994 CITY OF YAKIMA SHEET City of Yakima HEARING EXAMINER City Hall Council rs Thursday y 11, 2017 Beginning at 9:00 a.m. Public Hearin 166 (QTY 0 Yrniab PLP#003-16 COTTONWOOD P TNERS LLC - "ANDERSON ESTATES C. OF S 64TH AVE & OCCIDENTAL ' '> PLEASE WRITE LEGIBLY Page 1 05/11/2017 HE Hearing 167 25552 N M NS NN. 70M 1%... It YAA I rIt CITY CMI KIM r alining DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday May 11, 2017 Yakima City Hall Council Chambers Beginning at 9:00 a.m. 1. CALL TO 0 ER II. INTRODUCTION III. PUBLIC HEARINGS (Continuation of Hearing from April 13th 2017) A. COTTONWOOD PARTNERS LLC — "ANDERSON ESTATES" (04/22/2016) Planner: Joseph Calhoun PLP#003-16 Address: Vic. of S 64th Ave & Occidental Rd Request: Proposed long plat that will subdivide approximately 8.27 acres into 35 single-family lots in the R-1 zoning district over the course of two phases of development. 11 IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. DOC. INDEX Yakima 11111: 2015 Hearing Examiner AGENDA ONLY Distribution List 03/01/2017 Phil Lamb 311 North 3rd Street Yakima, WA 98901 KIT-KATS Radio 4010 Summitview, Suitd Yakima, WA 98908 Alt YPAC raudyibeehler akin-lac/aim( mitikeibrown akimawaiceie bonnicilozano a akimawai Yakima Assoc. of Realtors Gov. Affairs Committee 2707 River Road Yakima, WA 98902-1165 KARY Radio 17 N 3rd St Ste 103 Yakima, WA 98901 Dominic Rizzi Police Chief dom in ie.rizzi@yakirnawa.gov KCYU-FOX 68 David Okowski 1205 West Lincoln Ave. Yakima, WA 98902 KIMA TV 2801 Terrace Heights Drive Yakima, WA 98901 Bob Stewart Fire Chief babistewartAyakimawaigov Pacific Power Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 KNDO TV 216 West Yakima Avenue Yakima, WA 98902 Sonya Claar-Tee City Clerk sonyaiciaarteeayakiinwaigor Office of Rural FWH Marty Miller 1400 Summitview #203 Yakima, WA 98902 Yakima Herald -Republic P.O. Box 9668 Yakima, WA 98909 Cliff Moore City Manager Cliffimoore akimawai or call rice akirnawaicov Yakima School Dist. #7 Superintendent 104 North 4th Street Yakima, WA 98902 VIVA P.O. Box 511 Toppenish, WA 98948 Jeff Cutter City Attorney Jeffeutter@yakimawa,gov Radio KDNA P.O. Box 800 Granger, WA 98932 Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Patrick D. Spurgin 411 N. 2" St. Yakima, WA 98901 KAPP TV Attn: Newsroom PO Box 1749 Yakima, WA 98907-1749 Yakima Valley C.O.G. 311 N. 4`11 Street STE 202 Yakima, WA 98901 Gary Cuillier 314 N. 2"d Street Yakima, WA 98901 Reed C. Pell 31 Chicago Avenue #4 Yakima, WA 98902 reed ( reedciell,net Maud Scott 307 Union Street Yakima, WA 98901 Hearing Examiner Packet AGENDA, STAFF REPORT, SITE PLAN AND MAPS......... 01/05/2017 Archie Matthews ONDS Archunnhewsk*yakimawa.gov Sara Watkins City Legal Department Sara.watkinsevakimawa.gov Joan Davenport Community Development Man.davenponeyakimawa.gov Brett Sheffield Engineering Division Bren.sheffieldfnmaki wa.gov Yakima County Planning Public Services Vern Redifer Vern,rediferco.yaknna.wa.us 169 Yakima County Planning County Courthouse jeffersokspenceg@co.yakinw.wa.us Dana Kallevig Wastewater Division klana.kallevi. akimawa OV Yakima County Commissioners Con "ssionernweb&o.yakimama .us )ON'T FORGET TO SEND ONE '0 THE APPLICANT & 'ROPERTY 0 ER........... Cottonwood Partners LLC c/o Lew'rliiller PO Box 8335 Yakima, WA 98908 lw-mllr@yahoo corn Binder Copy For the Record/File Cottonwood Partners LLC PO Box 8353 Yakima, WA 98908 fluibregtse Louman Assoc. Inc. c/o Mike Heit 2803 River Rd Yakima, WA 98902 rnheit@hlacivil.com DOC. INDEX # 4-H 170 /JeTiGE pF Am1N, 'S Ja+tf'GE. OF HEAREA1 G- I i FUME,c N kirJGr Fc r tiL4- 10 CP n 0101,_5 5 int n�r5 LLL PLP61°3--f c► ks. !' e,cua� 7'�JL. T� orf'/ /LS Com./ 1'; gr-rk ©ki, G'� la +t 4 , . ©' / 3 77 i7t a± :©3 &. e -T ©©Cr. INDEX * 1-15 1B VV. circ yAK,A,A arming SIGN -1N SHEET City of Yakima HEARING EXAMINER City Hall Council Chambers Thursday April 13, 2017 Beginning at 9:00 a.m. Continued Public Hearin A. PLP#003-16 COTTONWOOD PARTNERS LLC — "ANDERSON ESTATES" 171 Affiffe BWX\ I (a P VIC. OF S 64TH AVE & OCCIDENTAL RD PLEASE WRITE LEGIBLY Page 1 DOC. INDEX * 04/13/2017 HE Hearing RWSA, #,,a a SAX pCITy OF VAKIMA arming DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday April 13, 2017 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO 0 ER II. INTRODUCTION PUBLIC HE • NGS (Continuation of Hearing from March 23, 2017) A. COTTONWOOD PARTNERS LLC — "ANDERSON ESTATES" (04/22/2016) Planner: Jeff Peters PLP#003-16 Address: Vic. of S 64th Ave & Occidental Rd Request: Proposed long plat that will subdivide approximately 8.27 acres into 35 single-family lots in the R-1 zoning district over the course of two phases of development. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. DOC. INDEX 172 Yakima 11111* 2.015 1994 Hearing Examiner AGENDA ONLY Distribution List All YPAC randv.beehler@yakimawa.gov . .4) mikobrownagakimawogov boanieJoganokayakknawa.gov Dominic Rizzi Police Chief dominiorizzikavakilllawogov Bob Stewart Fire Chief bob.stewart@yakimawa.gov Sonya Claar-Tee City Clerk sonya,daaoeexakimwwgov Cliff Moore City Manager Cliffarmore@vakimawa.gov caky.price yakimawa.gov Phil Lamb 311 North 3rd Street Yakima, WA 98901 KIT-KATS Radio 4010 Summitview, Suite mb Yakima, WA 98908 Yakima Assoc. of Realtors Gov. Affairs Committee 2707 River Road Yakima, WA 98902-1165 KCYU-FOX 68 David Okowski 1205 West Lincoln Ave. Yakima, WA 98902 Pacific Power Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 Office of Rural FWH Marty Miller 1400 Summitview #203 Yakima, WA 98902 Yakima School Dist. #7 Superintendent 104 North 4th Street Yakima, WA 98902 KARY Radio 17 N 3rd St Ste 103 Yakima, WA 98901 KIMA TV 2801 Terrace Heights Drive Yakima, WA 98901 KNDO TV 216 West Yakima Avenue Yakima, WA 98902 Yakima Herald -Republic P.O. Box 9668 Yakima, WA 98909 VIVA P.O. Box 511 Toppenish, WA 98948 Jeff Cutter City Attorney Jeffamemayakimawa.gov Radio KDNA P.O. Box 800 Granger, WA 98932 Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Patrick D. Spurgin 411 N. 2nd St, Yakima, WA 98901 KAPP TV Attn: Newsroom PO Box 1749 Yakima, WA 98907-1749 Yakima Valley C.O.G. 311 N. 4th Street STE 202 Yakima, WA 98901 Gary Cuillier 314 N. 2" Street Yakima, WA 98901 Reed C. Pell 31 Chicago Avenue #4 Yakima, WA 98902 reed@reedopet net Maud Scott 307 Union Street Yakima, WA 98901 DOC. INDEX ;,,` Hearing Examiner Packet AGENDA, STAFF REPORT, SITE PLAN AND MAPS......... 01/05/2017 Sara Watkins City Legal Department Saramatkms@vakimawa..gov Yakima County Planning County Courthouse 174 jeffersorrspencer@co.yakinthwa.os Archie Matthews ONDS Arehtesnatthews@ya wa.gov Joan Davenport Community Development Toan.davenport@yakimawa.gov Dana Kallevig Wastewater Division Dahhisallevigyale wa.gov Brett Sheffield Engineering Division Brettsheffield@yakitnawa.gov Yakima County Planning Public Services Vern Redifer Verosedifer@ohya ..wasts Yakima County Commissioners Co 'ssioners.web@cayaki ema .US )ON'T FORGET TO SEND ONE '0 THE APPLICANT & 'ROPERTY 0 ER........... Binder Copy For the Record/File NcnctoL4- s-tv4 rtizrt- etc' ErfIcciV&-.1-0 1\10K,,e_, e H L A r(klrkeA @Vkick CO VYLg ,e,u) kkAr 0.okkonwoo& Far+ rler5 LLC Uk:)_ Irf\ALr Am. CD yvti, e.rt., �..o o r tL -Prei; 4)OD 175 LLL c..F,flic.;a ?Lt. nvof Soot11 L4 +1% j s LL14; v; s+o rL. CP LP # Do 3 _ j (, 01'7' �� i �..- C_i• „w Ptanning SIGN -IN SHEET City of Yakima HEARING EXAMINER City Hall Council Chambers Thursday March 23, 2017 Beginning at 9:00 a.m. PLP#003- 6 Public Hearin 176 /■;VW P annYing COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" VIC. OF S 64TH AVE & OCCIDENTAL RD PLEASE WRITE LEGIBLY C� s -c L Lou Erefor}-p Amt oNcepoDi 44; ``�� z t S O.S V cc- 1 Ct e wd '/ �� L SCI1 zoo4Ki rpt ' 98(23 23v 5OMIJSE63rob _S y Ay, n 931,6) Z 3 Pef 4114k1A- 9e90Z coq OTC I GI`,61d-a 110,164, c -i63 Page 1 DOC. INDEX M - II 03/23/2017 HE Hearing 177 coy oF YAKiMA annIng DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/sery ices/planning CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday March 23, 2017 Yakima City Hall Council Chambers Beginning at 9:00 a.m. I. CALL TO ORDER I. INTRODUCTION III. PUBLIC HEARINGS A. COTTONWOOD PARTNERS LLC — "ANDERSON ESTATES" (04/22/2016) Planner: Jeff Peters PLP#003-16 Address: Vic. of S 641h Ave & Occidental Rd Request: Proposed long plat that will subdivide approximately 8.27 acres into 35 single-family lots in the R-1 zoning district over the course of two phases of development. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. DOC. !INDEX # 2015 1 94 Hearing Examiner AGENDA ONLY Distribution List Phil Lamb 311 North 3rd Street Yakima, WA 98901 KIT-KATS Radio 4010 Summitview, Suite I Yakima, WA 98908 174 Ail YPAC rand „tackier( akimawaov trtike.hrownAyakimawa.gov bonnie,lo akitnawa, ov Yakima Assoc. of Realtors Gov. Affairs Committee 2707 River Road Yakima, WA 98902-1165 KARY Radio 17 N 3rd St Ste 103 Yakima, WA 98901 Dominic Rizzi Police Chief dominicrizzi@yakimawa,gov Bob Stewart Fire Chief bob.atewanAvakimawa.gov KCYU-FOX 68 David Okowski 1205 West Lincoln Ave. Yakima, WA 98902 Pacific Power Mike Paulson 500 N. Keys Rd. Yakima, WA 98901 KIMA TV 2801 Terrace Heights Drive Yakima, WA 98901 KNDO TV 216 West Yakima Avenue Yakima, WA 98902 Sonya Claar-Tee City Clerk sonya,claarmegyakimwouov Office of Rural FWH Marty Miller 1400 Summitview #203 Yakima, WA 98902 Yakima Herald -Republic P.O. Box 9668 Yakima, WA 98909 Cliff Moore City Manager Clift mooreayakirnavia,gov cally,price@vakimawa,gov Jeff Cutter City Attorney Jeff cutterayakimawa„gov Patrick D. Spurgin 411 N. 24 St. Yakima, WA 98901 Gary Cuillier 314 N. 2" Street Yakima, WA 98901 Yakima School Dist. #7 Superintendent 104 North 4th Street Yakima, WA 98902 Radio KDNA P.O. Box 800 Granger, WA 98932 KAPP TV Attn: Newsroom PO Box 1749 Yakima, WA 98907-1749 Reed C, Pell 31 Chicago Avenue #4 Yakima, WA 98902 reed@reedepollalet VIVA P.O. Box 511 Toppenish, WA 98948 Business Times Bruce Smith P.O. Box 2052 Yakima, WA 98907 Yakima Valley C.O.G. 311 N. 4th Street STE 202 Yakima, WA 98901 Maud Scott 307 Union Street Yakima, WA 98901 { Hearing Examiner Packet AGENDA, STAFF REPORT, SITE PLAN AND MAPS......... 01/05/2017 Archie Matthews ONDS Archienuathews@yaki 4 wazov Sara Watkins City Legal Department Saramatkins@vakanawagov Joan Davenport Community Development Toan.davenport@yakimawa.gov Yakima County Planning County Courthouse 179 effersons encer@co. akirnamaats Brett Sheffield Engineering Division Brettsheffield@yakimawazov Yakima County Planning Public Services Vern Redifer Vern.redifer@coyakima.waais Dana Kallevig Wastewater Division Da „,kallevig@yak: awagov Yakima County Commissioners Co sioners.web@cayaki ..wa .us )ON'T FORGET TO SEND ONE '0 THE APPLICANT & 'ROPERTY OWNER........... Binder Copy For the Record/File Cottonwood Partners LLC c/o Lewi PO Box 8335 Yakima, WA 98908 lw--mllr@yahoo com Cottonwood Partners LLC PO Box 8353 Yakima, WA 98908 Huibr eg t s e Louman Assoc. Inc. c/oNike Hei t 2803 River Rd Yakima, WA 98902 mheit@hlacivil.com I 1 St.X A I CITY OF YKIMA Planning CITY OF YAKIMA LAND USE ACTION INSTALLATION CERTIFICATE File Number: ?LP_i:v co?) (4) ApblicantiPt.al'ect Name: 180 , Cottonwoco_' Parit)Crs LLL, irrl 6.sta4-es Site Address: tC. 0`e CQL-1 6vc A Occ,ici..mItti---Aci 111Pluteiifftigtiiigt1. Location of Installation (Check One): Land Use Action Sign is installed per standards described in YMC §15.11.080(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre -approved by the Planning Manager) may not be acceptable by the Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the properly. The required notice of application will be sent to the applicant and property owners within a 300 -foot radius after the Planning Division has received this Land Use Action Installation Certification. Failure to post a Land Use Action sign and return this form signed in a timely manner may cause a delay in the application review process. I hereby testify that the installed sign fully complies with the Land Usc Action sign installation standards (see pg. 2), that the sign will be maintained until a decision has been rendered, and that the sign will be returned within 30 days from the date the final decision is issued. 7 Date Applicant's Phone Number Please remit the above certification and deliver to the City of Yakima Planning Division via email to ask.planning@yakimawa.gov or in person/by mail to: City of Yakima, Planning Division, 129 North 21 Street, Yakima, WA 98901. Page - 1 DOC. INDEX # A Revised 01/2017 1 P 6,yorinynKis„.0 GENE 1, INFO ENTS FOR POSTING OF PRI\ PROPERTY FOR LAND USE ACTION City of Yakima Community Development Department, Planning Division 129 N 2"d St, Yakima, WA 98901 (509) 575-6183 — ask.planning@yakimakvalov ATION 181 The Land Use Action posted signage shall serve as a method of notification to the public that a land use application has been submitted to the City for a proposed change to the property. The Land Use Action sign shall be known in this section as the "sign" referred to in YMC §15.11.080(C) as the official signage for application of the following land use matters: o Class 3 Public Hearings; o Preliminary Long Subdivisions; o Rezones; o Right -of -Way Vacations; o Appeals; o Interpretation (if required) o Comprehensive Plan Amendments as indicated in YMC Ch.16.10; o Environmental Review, except for a categorically exempt application; and, o Annexation of property by the City. For the above land use matters it is required to post one sign and in some cases more than one sign on the site or in a location immediately adjacent to the site that provides visibility to motorists using adjacent streets. The Planning Manager has established standards for size, color, layout, design, and wording of the signs which the Planning Division will supply to the applicant. The Planning Division sends out letters quarterly to property owners who have had a land use action proposal on their property that requires posting the property, reminding them to remove the sign(s) and return them to the Planning Division if they have not already done so. SIGNAGE INSTALLATION The applicant shall install the Land Use Action sign(s) in accordance with these provisions: o Signs shall be located at the midpoint on the street frontage from which the site is addressed or as otherwise directed by the Planning staff; o Signs shall be located 10 feet back from the property line; o Signs structurally attached to an existing building shall be exempt from the setback requirement, provided that no sign is located further than 10 feet from the property line without written approval from Planning staff; o The top of the signs shall be positioned between 5 and 6 feet above grade; o Signs shall be posted on the subject property so as to be clearly seen from each right-of-way providing primary vehicular access to the subject property as stated in YMC §15.11.080(C); and o The sign can be easily read from the adjacent street and/or sidewalk. Page — 2 Revised 01/2017 RECCE, : D FED , 7 2017 CITY OF YAKIMA RP^_ NV LAND USE ACTION PROPOSED FOR THIS SITE PUBLIC HEARING ijiaqt The City Of Yakima 151A-575-6183 DOC. INDEX # f} -c 183 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PLP#003-16 Cottonwood Partners LLC - "Anderson Estates" Vic. of S 64th Ave & Occidental Rd I, Lisa Maxey, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 300 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 1.6th day of February, 2017. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Planning Specialist DOC. INDEX 18120511002 COTTONWOOD PARTNERS LLC PO BOX 8353 YAKIMA, WA 98908 18133333028 DANIELJ GERMAN 6104 WALLA WALLA ST YAKIMA, WA 98903 18133333440 ELISEO & VALENTINA MORENO 951 GROMORE RD YAKIMA, WA 98908 18133333023 GREGORYJ GOODMAN 4 S 10TH AVE YAKIMA, WA 98902 18133334009 LINDA ANN CURLEE 5805 OCCIDENTAL RD YAKIMA, WA 98903 18133333016 MARIO GARCIA 2209 S 64TH AVE YAKIMA, WA 98903 18133333030 OLIVIA MORENO 2201 S 64TH AVE YAKIMA, WA 98903 18133333439 RICHARD A KAREL PO BOX 11203 YAKIMA, WA 98909 18133333435 SHARMIE A COBB 2116 S 61ST AVE YAKIMA, WA 98903 Huibregtse Louman Assoc. Inc c/o Mike Heit 2803 River Rd Yakima, WA 98902 1 133333038 cotrowvooD PARTNE PO BOX 8 YAKIMA, j •8908 184 18133333027 GRILLO FAMILY HOLDING TRUST 6102 WALLA WALLA ST YAKIMA, WA 98903 18133334003 DONNA J MELTON 5901 WALLA WALLA ST YAKIMA, WA 98903 18133333423 ERIC MOODY PO BOX 3262 UNION GAP, WA 98903 18133334007 HAROLD W MATHIS PO BOX 10899 YAKIMA, WA 98909 18133333026 MALCOLM E & DIANE M HANKS 11504 OCCIDENTAL RD YAKIMA, WA 98903 18133333036 IVIARIQV GARCI 2209S yAKt A, WA 98903 18133333014 PAMELAJ STEPHENS 2203 S 64TH AVE YAKIMA, WA 98903 18133333035 RONALD & KRISTIN BENJAMIN 5903 WALLA WALLA ST YAKIMA, WA 98903 25 Total Parcels - Cottonwood Parnters LLC - "Anderson Estates" - PLP#003-16 PLp lir 003 5 'i �lI40/1 18133333434 EARL L BOHANNAN JR 2121S61STAVE YAKIMA, WA 98903 18133334004 FRANCIS A & PAULA MOORE 5909 OCCIDENTAL RD YAKIMA, WA 98903 18133333031 JASON HOWE 620 GROMORE RD YAKIMA, WA 98908 18133333029 MARIA 1 MARENTES VELASCO 6106 5 WALLA WALLA YAKIMA, WA 98903 18133333024 MIGUEL & MARIA V RUVALCABA 6201 WALLA WALLA ST YAKIMA, WA 98903 18133333037 RANDALL D SHEPARD 2223 S 64TH AVE YAKIMA, WA 98903 18133334006 RONALD L & LEANNE M AMER 11800 RUTHERFORD RD YAKIMA, WA 98903 Cottonwood Partners LLC c/o Lew Miller PO Box 8335 Yakima, WA 98908 Do . INDEX 185 Parties of Record — Cottonwood Partners LLC — "Anderson Estates" — PLP#003-16 Cottonwood Partners LLC c/o Lew Miller PO Box 8335 Yakima, WA 98908 ahoo.com Jerry D Talbott 308N2"d St Yakima, WA 98901 Cottonwood Partners LLC Po Box 8353 Yakima, WA 98908 Ahtanum Irrigation Dis c/o George Marshall 10705-B Gilbert Road Yakima, WA 98903 .iMa�....`sahtanum-.net Huibregtse Lou an Assoc. Inc c/o Mike Heit 2803 River Rd Yakima, WA 98902 mheit r hlacivil.com Department of Ecology c/o Gwen Clear 1250 W Alder St Union Gap, WA 98903 crosemacoordinator ?e JoAnn Houfek 2302 S 64th Ave Yakima, WA 98908 Yakima Regional Clean Air Agency Hasan M Tahat, Ph.D. 329 N 15" St Yakima, WA 98901 Name Carolyn Belles In -House Distribution E-mail List Division Code Administration E-mail Address Carolyn .Bellesgyak ima a. Lvov Glenn Denman Code Administration lenn:Denman yakirnawa.gpv Joe Caruso Code Administration Joe.Caruso®y kimawa. ov Suzanne DeBusschere Code Administration Suzanne. Debussch Dan Riddle Mike Shane Engineering Dan.Riddict Engineering ike.S ane yakimawaagov Mark Soptich Fire Dept Mark.Sor;tich@,vaktrztawa.gov Jeff Cutter Legal Dept ff.Cinter@yakimawa.gov r Sara Watkins Legal Dept Sara. Watkans@eyakitnawa.gov Archie Matthews ONDS Archie.Matthews ya imawaagc v; Joan Davenport Planning an. Dever; • ort . yakirnawa_gov Chief Rizzi Police Department Dem inic.Rizzi@yakimawa. ov Scott Schafer Public Works Dept Scon.Schater yakimdwaagc v; Loretta Zammarchi Refuse Division •el rnrchlPykimaa.gov Randy Layman Refuse Division Randy . Layma n @yak i maw a. goy Naeem Kara Transit Division Naeenl.Kara@yaktrnawa.gov James Dean Utilities Dana Kallevig Randy Meloy For the Record/File Binder Copy astewater Wastewater s.Deana Dana.Kailev Eya aki Randy al any Type of Notice: Mk0,, l`t 1 C File Number: Date of Mailing: /(42// 7,,,, Revised 01/2017 186 Maxey, Lisa From: Maxey, Lisa Sent: Thursday, February 16, 2017 3:33 PM To: 'geo»gem@ahtanunn.net'; 'crosepecoondinetor@ecy.vva.gov' Subject: FW: Notice of Public Hearing Cottonwood Partners LLC "Anderson Estates" PLP# 00] 16 Attachments: NOTICE OF PUBLIC HEARING Cottonwood Partners LLC - Anderson Estates ....pdf From: Maxey, Lisa Sent: Thursday, February 16, 2017 3:05 PM To: 'Gary Cullier' <gary@cuillierlaw.com>; 'Kevin (kevin@house314.com)' <kevin@house314.com>; Belies, Carolyn <Carolyn.Belles@yakimawa.gov>; Brown, David <David.Brown@yakimawa.gov>; Caruso, Joe <Joe.Caruso@yakimawa.gov>; Cutter, Jeff <Jeff.Cutter@yakimawa.gov>; Davenport, Joan <Joan.Davenport@yakimawa.gov>; Dean, James <James.Dean@yakimawa.gov>; DeBusschere, Suzanne <suzanne.debusschere@yakimavva.Qov>;Denmoan,G|enn<G|enn.Denman@yakimmavva.gov>;Dexgrose||ier,8ob <8ob.DasgrVse||ier@yakimavva.gov>;|barra,Rosa|inda<Rosa|inda.|barra@yakimoavva.gwv>;Ka/|evi8,Dana <Dana.Ka||eviQ0Dyakinnawa.gov>; Kara, Naeem<Naeenn.Kara0DYAK|MAVVA.GOV>; Layman, Randy <Randy.Layman@yakimawa.gov>; Matthews, Archie <Archie.Matthews@yakimawa.gov>; Maxey, Lisa <Lisa.Maxey@YAK|K4AVVA.GDV>; Meloy, Randy <Randy.Meloy@yakimawa.gov>; Riddle, Dan <Dan.Riddle@yakimawa.gov>; Rizzi, Dominic <dominic.rizzi@yakimawa.gov>; Schafer, Scott <Scott.Schafer@yakinoavva.gov>; Shane, Mike <Mike.Shane@yakimawa.gov>; Soptich, Mark <Mark.5optich@yaNnoavva.Qov>;VVotkins,Sara<Sara.VVatkinsADYAK|MAVVA.GOV>; Zammarchi, Loretta <Loretta.Zanonnarchi@YAK|K8AVVA.GOV>; Brown, Michael <Michael.Brown@yakimawa.gov>; Crockett, Ken <Ken.Crockett@yakimawa.gov>; Daily Sun News -John Fannin <JFannin@dailysunnews.com>; Hispanic Chamber of Commerce <yakimahispanicchamber@rcdr.biz>; KAPP TV News <kappnews@kapptv.com>; KBBO-KRSE Radio - manager <ke||yg@yakinmaradiogrnup.cmnm>;KC]TTVNews <k jttv@yahoo.conm>; KDNA Radio <noticias@kdna.org>; KEPR TV News <newsroom@keprtv.com>; KIMA TV News <tips@kimatv.com>; KIT/KATS/DMVW/KFFM - Lance Tormey <|ancetormey@tovvnsquare,nedia.conn>; KNDO TV News <news@kndo.com>; KUNS-TV Univision <info@kunstv.com>; KVEW TV News <kvewnews@kvewtv.com>; Lozano, Bonnie <Bonnie.Lozano@yakimawa.gov>; NWCN News <nxvnevvs@nvvcn.corn>; NWPR - Anna King <aking@wsu.edu>; Randy Luvaas - Yakima Business Times <rluvaas@yvpub.com>; Reed C. Pell <reed@reedcpell.net>; Tu Decides - Albert Torres <albert@tudecidesmedia.com>; Yakima Herald Republic Craig Troianello <ctroianello@yakima-herald.com>; Yakima Herald Republic Mai Hoang <maihoang@yakimaherald.com>; Yakima Herald Republic - Mark Morey <mmorey@yakimaherald.com>; Yakima Herald Republic Newspaper <newstips@yakimaherald.com>; Yakima Valley Business Times <news@yvpub.com>; Yakima Valley 8usinesxTimes-GeorgeFinch<finch1433@oharter.net>;YPAC'RandyBeeh|er<rbeeh|er@ci.yakinma.xva.us> Cc: Peters, Jeff <Jeff.Peters@yakimawa.gov> Subject: Notice of Public Hearing Cottonwood Partners LLC "Anderson Estates" - PLP#003'16 Attached is a Notice of Public Hearing regarding the above -entitled prjeot. If you have any questions redi this ti please contact assigned planner Jeff Peters at (509) 575-6163 or email to: jeff.petersaNakimawa.gov. Thank you! Lisa M ey Planning Specialist 1 City of Yakima Planning Division Planning Divison () 1 Direct Line: (5oe)576-660e- 1nsm2=Street, Yakima, WAeuen1 Doc. PIBLIC A daily part of your life _ yakima-herald.com Ad Proof This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes Date: 02/15/17 Account #: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSAI.INDA IRARRA,AP Address: 129 N 2ND STREET YAKIMA, WA 98901-2720 Telephone: (509) 575-6164 Fax: Account Rep: Phone # Email: Simon Sizer (509) 577-7740 ssizer@yakimaherald.com Ad ID: 712862 Start: 02/16/17 Stop: 02/16/17 Total Cost: $160.60 Lines: 88.0 # of Inserts: 1 Ad Class: 6021 Run Dates: Yakima Herald -Republic 187 OC. INDEX 1 188 s, CITY OF YAKIMA NOTICE OF PUBLIC HEARING DATE: February 16, 2017: TO: Applicant and Adjoining Property Owners: FROM: Joan Davenport, AICP, Community Develop- ment Director & Planning Manager: SUBJECT: Notice of Public Hearing for a 35 -Lot Preliminary Long Plat in the Single -Family zoning district.: PROJECT APPLICANT: Huibregtse Louman Associates (2803 River Rd, Yakima, WA, 98902) for Cottonwood Partners LLC: PROPERTY OWNER: Cottonwood Partners LLC (P.O. Box 8335, Yakima, WA, 98901): PROJECT LOCATION: Vicinity of S. 64th Ave. & Occidental Rd.: PARCEL NUMBER(S): 181333-33038: FILE NUMBERS: PLP#003-16, SEPA#011-16, SEPA#003-17 & CAO#001-16.: DATE OF APPLICATION: April 22, 2016: DATE OF COMPLETE APPLICATION: June 13, 2016: NOTICE OF PUBLIC HEARING: The City of Yakima Department of Com- munity Development received a Preliminary Long Plat and State Environmental Policy Act review (SEPA) application for a 35 -Lot 8.27 acre single-family subdivision located in the Single -Family (R-1) zoning district from Huibregtse Louman Associates (appli- cant) on behalf of Cottonwood Partners (property owner) on April 22, 2016. Following completion of SEPA review, which occurred on February 14, 2017, the City of Yakima Planning Division in now scheduling the required public hearing for this applica- tion. The Hearing Examiner will hold a public hearing prior to rendering a recommendation to the Yakima City Council on this land use application. This public hearing has been scheduled forThursday. March 23, 2017, beginning at 9:00 a.m., in the Council Chambers. City Hall, 129 N 2nd Street. Yakima, WA. Any invited to desiring to express their views on this matter is to attend the public hearing and provide testimony or to submit their written comments to: Joan Davenport, AICP, Community Development Director, City of Yakima Planning Division, 129 N 2nd St., Yakima, WA 98901, or email your comments to: jeff. peters@yakirnawa.gov. Please reference the applicant's name or file number(s) in your correspondence: (Cottonwood Partners, PLP#003-16). The file containing the complete application for this proposal is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any questions on this proposal, please call Jeff Peters, Senior Planner at (509) 575-6163 or email to: *eft eters@yakimawa.gov. (712862) February 16, 2017 DOC. INDEX Courtesy of Yakima Herald -Republic CITY Y ICI A TIC F LIC E' `RING TE: ebruary 16, 2017:T0: Applicant and Adjoining Property C}wners: FROM: Joan Davenport, RICP, Community Develop nt Director &Planning Manager: JET: Native of Public Hearing fora 35 Lot Preliminary Long Platin the Single -Family zoning district.: JECT PLIC ; Hce ct ietse Louman` ssaci tss {2803 River Rd, Yakima, A 9892} for Gttonwaod Partners LLCe PE O E ottan and Partners LLC {P.G. Bax 3-% Yakima, Lon 98901): E C CTI : Vicinity of S. 64th Ave. C}codental Rd.: C L U (S}: 181333-33038: FILE N tJ : PLP#003 6 SEPAa11 16, SEPA#003 17 $ GAC? aR' 16.; ?E Fl PEUCATI : prii me U1 ATE F GO FLET ELIC. TI :June 13, 2016. `TIC LIC 1 :The City of Yakima Department of Gam unity Development received a Preliminary Long Plat and State Environmental Policy Aet review (SEPA} application far a 35 -Lo# 8.27 acre single famliy subdivision located in the igle-Fami.1 {-1 }zoning district from uibregtse Louman Associates {appli- cant} on behalf of Cottanuuood Partners {property wner) an April 2, 2016. Fallowing completion of SEPA retrtor which occurred ori February 14, 2CI17, the Gity of Yakima Pfanning Division in now scheduling the required public hearing far thiappi8111.2 tion. The Hearing ,Examiner will ho. t ld tt public hearing prior to rendering a recommendation to the Yakima City Council on this land use applioation. This pulllc hefting his egftacla hur6y.larei a Etryning at t0 apt., in t0e ±.s.i►.__ lI &P°11 a£ . "t hel2r 9 ` d L t t Ya ` ' YUA Any person desiring toexpress their views an this matter is invited toattend the public hearing and provide testimony ter to submit their written comments to:Joan Davenport, RICP, Community Development Drector, City of Yakima Planning Divisian,129 N 2nd 5.,,Yakima An 08901, or email your comments ta: Jeff' ` _ �. Please reference the applicant's name of file number{s} in your oerrespandence: (Cffanoad Partners; Ltl�3-i6%.The file containing the oomglete application far this proposal is available for public review t the City of Yakima Pjanning i}ivision, 2nd floor City Hall, 29 North 2nd Street; Yakima, ►ashington, if you have any questions on this proposal,' please call Jeff Peters, Senior Planner at {509} 575 6163 or email tafftr"klrnawa.gov. {712862} February 16, 2017 189 ©OC INDEX im SE atxx CITY OF YAKIMA PlannIng .41.7 DATE: TO: FROM: DEPA..i'MENT OF COMMUNITY DEVELO. NIENT Pia ing Division Joan Davenport, AICP, Director129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.goy/services/planning NOTICE OF PUBLIC HEARING February 16, 2017 Applicant and Adjoining Property Owners Joan Davenport, AICP, Community Development Director & Planning Manager SUBJECT: Notice of Public Hearing for a 35 -Lot Preliminary Long Plat in the Single -Family zoning district. PROJECT APPLICANT: Huibregtse Louman Associates (2803 River Rd, Yakima, WA, 98902) for Cottonwood Partners LLC PROPERTY OWNER: Cottonwood Partners LLC (P.O. Box 8335, Yakima, WA, 98901) PROJECT LOCATION: Vicinity of S. 64th Ave. & Occidental Rd. PARCEL NUMBER(S): 181333-33038 FILE NUMBERS: PLP#003-16, SEPA#011-16, SEPA#003-17 & CAO#001-16. DATE OF APPLICATION: April 22, 2016 DATE OF COMPLETE APPLICATION: June 13, 2016 190 NOTICE OF PUBLIC HEARING The City of Yakima Department of Community Development received a Preliminary Long Plat and State Environmental Policy Act review (SEPA) application for a 35 -Lot 8.27 acre single- family subdivision located in the Single -Family (R-1) zoning district from Huibregtse Louman Associates (applicant) on behalf of Cottonwood Partners (property owner) on April 22, 2016. Following completion of SEPA review, which occurred on February 14, 2017, the City of Yakima Planning Division in now scheduling the required public hearing for this application. The Hearing Examiner will hold a public hearing prior to rendering a recommendation to the Yakima City Council on this land use application. This public hearing has been scheduled for Thursday, March 23, 2017, beginning at 9:00 a,m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing and provide testimony or to submit their written comments to: Joan Davenport, AICP, Community Development Director City of Yakima Planning Division 129 N 2nd St. Yakima, WA 98901 or email your comments to: iefroetersayakirriawa,gov. Please reference the applicant's name or file number(s) in your correspondence: (Cottonwood Partners, PLP#003-16) The file containing the complete application for this proposal is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any questions on this proposal, please call Jeff Peters, Senior Planner at (509) 575-6163 or email to: ieff,petersAyakirnawa.gov. AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA#003-17 Cottonwood Partners LLC Vic. of S 64th Ave & Occidental Rd I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of SEPA Addendum. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies and all parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 14th day of February, 2017. Lisa Maxey Department Assistant II DOC. INDEX # b That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 18120512003 BETTY M STEWART SURVIVORS TRUST 14665 154TH PL SE RENTON, WA 98058 18120514004 CONGDON ORCHARDS INC PO BOX 2725 YAKIMA, WA 98907 18120511001 COTTONWOOD PARTNERS LLC PO BOX 8353 YAKIMA, WA 98908 120513009 CO OD PARTNERS LLC PO BOX 8 A, WA 98908 18120513019 FA1AY VEST 65 2ND E 18 A, WA 98901 NTS LIC 18133333038 Ce ONWOOD PARTNERS LLC PO BOX YAKIMA *: 18120513017 .Y "4**-Esirs LLC DS 918 YAKIMA, WA 9890 18120513413 FAIRWAY INVESTMENTS LLC 6 S 2ND ST STE 918 YAKIMA, WA 98901 18120513018 18120513414 A * 1NVESTME TS LEC 6 S 2ND 18133333027 GRILLO FAMILY HOLDING TRUST 6102 WALLA WALLA ST YAKIMA, WA 98903 18120514402 NOVOBIELSKI SURVIVORS TRUST 5809 AHTANUM RD YAKIMA, WA 98903 18120422002 NOVOBIELSKI SURVIVII 'S -TRUST 5M(3AlRD Y A. WA 9: 18120423005 18133244009 CHESTER A MILLER 2212 S 64TH AVE YAKIMA, WA 98903 18133333029 CHRISTOPHER SANCHEZ 6106 S WALLA WALLA YAKIMA, WA 98903 18133333028 DANIEL J GERMAN 6104 WALLA WALLA ST YAKIMA, WA 98903 18120512401 DENNIS L & JOANN M HOUFEK PO BOX 8012 YAKIMA, WA 98908 18133334003 DONNA J MELTON 5901 WALLA WALLA ST YAKIMA, WA 98903 18133333434 EARL L BOHANNAN JR 2121 S 61ST AVE YAKIMA, WA 98903 18133333440 ELISEO & VALENTINA MORENO 951 GROMORE RD YAKIMA, WA 98908 18133333423 ERIC MOODY PO BOX 3262 UNION GAP, WA 98903 18133334004 FRANCIS A & PAULA MOORE 5909 OCCIDENTAL RD YAKIMA, WA 98903 18120513013 GARY & RUTH HANSEN 21611 AHTANUM RD YAKIMA, WA 98903 18133333023 GREGORY J GOODMAN 4 S 10TH AVE YAKIMA, WA 98902 18120513400 JAM'ES' B0I.N1E—DOERZ PO B0X98 A, WA 989" 18133334007 HAROLD W MATHIS PO BOX 10899 YAKIMA, WA 98909 18133333031 JASON HOWE 620 GROMORE RD YAKIMA, WA 98908 18120513401 JAMES W & BONNIE GOERZ PO BOX 9846 YAKIMA, WA 98909 18133334407 JOSEPH E & JENNIFER WALSH 5709 WALLA WALLA ST YAKIMA, WA 98903 18120514405 LARRY E WOLF 5819 AHTANUM RD YAKIMA, WA 98903 18133334009 LINDA ANN CURLEE 5805 OCCIDENTAL RD YAKIMA, WA 98903 18133333026 MALCOLM E & DIANE M HANKS 11504 OCCIDENTAL RD YAKIMA, WA 98903 18133333016 MARIO GARCIA 2209 S 64TH AVE YAKIMA, WA 98903 3333036 ARCIA 18133333024 MIGUEL & MARIA V RUVALCABA 6201 WALLA WALLA ST YAKIMA, WA 98903 18133333030 OLIVIA MORENO 2201 S 64TH AVE YAKIMA, WA 98903 18133333014 PAMELA) STEPHENS 2203 5 64TH AVE YAKIMA, WA 98903 18133333037 RANDALL D SHEPARD 2223 S 64TH AVE YAKIMA, WA 98903 18133244004 RAYCHELJLARSEN 2208 S 64TH AVE YAKIMA, WA 98903 18133333439 RICHARD A KAREL PO BOX 11203 YAKIMA, WA 98909 18133333035 RONALD & KRISTIN BENJAMIN 5903 WALLA WALLA ST YAKIMA, WA 98903 18133244005 RONALD & SHELLY L VORIS 6409 OCCIDENTAL RD YAKIMA, WA 98903 18133334006 RONALD L & LEANNE M AMER 11800 RUTHERFORD RD YAKIMA, WA 98903 18133244007 RYAN & JOLENE M MAYGRA 2210 S 64TH AVE YAKIMA, WA 98903 18133333435 SHARMIE A COBB 2116 5 61ST AVE YAKIMA, WA 98903 18120514409 VERNON & PAMELA HIBBARD 5815 AHTANUM RD YAKIMA, WA 98903 18133244006 WILLIAM H & CHERYL S WYCKOFF 6407 OCCIDENTAL RD YAKIMA, WA 98903 48 Total Parcels - Cottonwood Partners LLC - SEPA#003-17 Cottonwood Partners LLC c/o Lew Miller PO Box 8335 Yakima, WA 98908 Huibregtse Louman Assoc. Inc c/o Mike Heft' 2803 River Rd Yakima; WA 98902 C o F Sail 5E7'Pt X103 i -7 Sen+,2/y`t7 DCC. INDEX Ahtanum Irrigation District Beth Ann Brulotte, Executive Assistant 10705-B Gilbert Road Yakima, WA 98903-9203 bethb@ahtanum.net Cascade Natural Gas Jim Robinson, Field Facilitator 701 South 1st Ave Yakima, WA 98902 Jim.robinson@cngc.com 194 Chamber of Commerce 10 North 9th Street Yakima, WA 98901 chamber@yakima.org Department of Commerce Growth Management Services, P.O. Box 42525 Olympia, WA 98504-2525 reviewteam@commerce.wa.gov Department of Ecology Annie Szvetecz, SEPA Policy Lead P.O. Box 47703 Olympia, WA 98504-7703 separegister@ecy.wa.gov Department of Ecology Gwen Clear 1250 West Alder Street Union Gap, WA 98903 crosepacoordinator@ecy.wa.gov Department of Fish and Wildlife Eric Bartrand 1701 South 24th Ave Yakima, WA 98902 Eric.Bartrand@dfw.wa.gov Scott.Downes@dfw.wa.gov Department of Natural Resources SEPA Center PO Box 47015 Olympia, WA 98504 sepacenter@dnr.wa.gov Department of Social & Health Services Jeanne Rodriguez P.O. Box 45848 Olympia, WA 98504 Jeanne.rodriguez@dshs.wa.gov Dept of Archaeology & Historic Preservation Greg Griffith or Gretchen Kaehler, Deputy State Historic Preservation Officer P.O. Box 48343 Olympia, WA 98504-8343 dahp.separeview@dahp.wa.gov Nob Hill Water Association Bob Irving, Engineering Technician 6111 Tieton Drive Yakima, WA 98908 bob@nobhillwater.org Energy Facility Site Evaluation Council -EFSEC Stephen Posner, SEPA Officer PO Box 43172 Olympia, WA 98504-3172 sposner@utc.wa.gov Office of Rural and Farm Worker Housing Marty Miller 1400 Summitview Ave, Ste# 203 Yakima, WA 98902 Martym2@orfh.org Engineering Division Dana Kallevig and Debbie Cook, City Engineer 129 N 2nd Street Yakima, WA 98901 dana.kallevig@yakimawa.gov debbie.cook@yakimawa.gov U.S. Army Corps of Engineers, Regulatory Branch Deborah Knaub, Project Manager P.O. Box 3755 Seattle, WA 98124-3755 Deborah.J.Knaub@usace.army.mil Wastewater Division Marc Cawley or Dana Kallevig 2220 East Viola Ave Yakima, WA 98901 mamcawiev@vakirnawaA0v dana,kallevigPvakimawLgov West Valley School District Angela Watts, Asst, Supt, Of Business & Operations 8902 Zier Road Yakima, WA 98908-9299 wattsa@wvsd208.org WSDOT Paul Gonseth, Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 gonsetp@wsdot.gov WSDOT Rick Holmstrom, Development Services 2809 Rudkin Road Union Gap, WA 98903 holmstr@wsdot.wa.gov WSDOT, Aviation Division Carter Timmerman 7702 Terminal St SW Tumwater, WA 98501 timmerc@wsdot.wa.gov Yakama Bureau of Indian Affairs Rocco Clark, Environmental Coordinator P.O. Box 632 Toppenish, WA 98948 Rocco.clark@bia.gov Yakama-Klickitat Fisheries Project John Marvin 760 Pence Road Yakima, WA 98909 jmarvin@yakama.com Yakima Air Terminal Robert Peterson, Airport Asst Manager 2400 West Washington Ave Yakima, WA 98903 robert.peterson@yakimawa.gov Yakima County Commissioners Commissioners.web@coNakima.wa.us Yakima County Health District Ryan lbach, Director of Environmental Health 1210 Ahtanum Ridge Dr Ste#200 Union Gap, WA 98903 yhd@co.yakima.wa.us ryan.ibach@co.yakima.wa.us Yakima County Public Services Lynn Deitrick, Planning Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Lyn n.Deitrick@co.ya kima.wa.us Yakima County Public Services Vern Redifer, Public Services Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Vern.redifer@co.yakima.wa.us Yakima Greenway Foundation Al Brown, Executive Director 111 South 18th Street Yakima, WA 98901 al@yakimagreenway.org Yakima Regional Clean Air Agency Hasan Tahat, Engineering & Planning Supervisor 329 North 1st Street Yakima, WA 98901 hasan@yrcaa.org Yakima Valley Conference of Governrnen Shawn Conrad and Joseph Calhoun, Plan 311 North 4th Street, Ste# 202 Yakima, WA 98901 conrads@yvcog.org calhounj@yvcog.org Yakima Valley Museum John A. Baule, Director 2105 Tieton Drive Yakima, WA 98902 john@yakimavalleymuseum.org Yakima Waste Systems Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr. Yakima, WA 98901 keithk@wastetonnections..corn Yakama Nation Environmental Management Program Cialita Keys, Environmental Review Coordinator P.O. Box 151 Toppenish, WA 98948 ckeys@vakama.com Century Link Manager 8 South 2nd Ave, Rm#304 Yakima, WA 98902 Department of Agriculture Kelly McLain P.O. Box 42560 Olympia, WA 98504 Federal Aviation Administration, Seattle Airports District Office Cayla Morgan, Airport Planner 1601 Lind Ave SW Renton, WA 98055-4056 Charter Communications Kevin Chilcote 1005 North 16th Ave Yakima, WA 98902 Environmental Protection Agency NEPA Review Unit 1200 6th Ave. MS 623 Seattle, WA 98101 Governor's Office of Indian Affairs PO Box 40909 Olympia, WA 98504 195 City of Union Gap David Spurlock, Development Director P.O. Box 3008 Union Gap, WA 98903 Federal Aviation Administration 2200 W. Washington Ave Yakima, WA 98903 Pacific Power Mike Paulson 500 North Keys Rd Yakima, WA 98901 Soil Conservation District Ray Wondercheck 1606 Perry Street, Ste. F Yakima, WA 98902 Trolleys Paul Edmondson 313 North 3rd Street Yakima, WA 98901 United States Petal Service r�y®® „„ 205 W Washington Ave Yakima, WA 98903 WA State Attorney General's Office 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 Yakama Indian Nation Johnson Meninick, Cultural Resources Program P.O. Box 151 Toppenish, WA 98948 Yakima Valley Canal Co Robert Smoot 1640 Garretson Lane Yakima, WA 98908 Ahtanum Irrigation District Beth Ann Brulotte, Executive Assistant 10705-B Gilbert Road Yakima, WA 98903 WA State Dept of Health, Office of Drinking Water Christine Collins 16201 E Indiana Ave, Ste# 1500 Spokane Valley, WA 99216 Yakama Indian Nation Ruth Jim, Yakima Tribal Council P.O. Box 151 Toppenish, WA 98948 Yakima-Tieton Irrigation District Sandra Hull 470 Camp 4 Rd Yakima, WA 98908 Yakama Bureau of Indian Affairs Superintendent P.O. Box 632 Toppenish, WA 98948 Yakima School District Dr. Jack Irion, Superintendent 104 North 4th Ave Yakima, WA 98902 Cascade Natural Gas 8113 W Grandridge Blvd Kennewick, WA 99336 i -15. l7 \\Apollo\Shared\Planning\Assignments-Planning\LABELS and FORMS\SEPA REVIEWING AGENCIES updated 06.10.34 Form List.docx Type of Notice: f V � o -F SE7 / i icid e nc LttY File Number: S. `1 —1 Date of Mailing: c L/ l DOC. INDEX -1, C 196 In -House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration CarolymBellesAyakimawa.gov Glenn Denman Code Administration GlennDe an Nakirriawagov Joe Caruso Code Administration Joe.Caruso@yakimawmgov Suzanne DeBusschere Code Administration Suza e.Debusschere yakimawamov Dan Riddle Engineering DaniRiddle@yakirnawmgov Mike Shane Engineering Mike.Stione(Mvakiiriawa.gov ze Mark Soptich Fire Dept Mark.Soptich@yakimawa.gov Jeff Cutter Legal Dept JefLCuttera,yakirnawagov Sara Watkins Legal Dept Sara.Watkins@yakiiriawa.gov. Archie Matthews ONDS Archie.lViattheKsSyobimawa.giiv Joan Davenport Planning Joari Daveriport v iinawa.gov sk° Chief Rizzi Police Department Dominic.Rizzi(&,yakimawa.gov Scott Schafer Public Works Dept Scott Schafer yakimawa.gov Loretta Zammarchi Refuse Division Loretta.Z • archi°C)a,yaki*nlawa.gov Randy Layman Refuse Division dy.baymanige (yakiinavva.gov Naeem Kara Transit Division Neeem.KaraCvakimawa.gov James Dean Utilities JamesDean valdmawmgov Dana Kallevig Wastewater DartaKallevig@yakirnawmgov Randy Meloy astewater Randy,Meloy@yakirnawa.gov For the Record/File Binder Copy Revised 01/2017 Type of Notice: or SE2/9 R ddend File Number(s): 5eFli 41-(D5-1 Date of Mailing: DOC. INDEX ft1c Maxey, Lisa Tuesday, February 14, 2017 12:10 PM Belies, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Desgrosellier, Bob; lbarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Layman, Randy; MatthewsArchie; MaxeyLisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Watkins, Sara; Zammarchi, Loretta; Ahtanum Irrigation District Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Commerce (CTED) Review Team; Department of Ecology SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife Eric Bartrand; Department of Fish and Wildlife Scott Downes; Department of Natural Resources; Department of Social & Health Services Jeanne Rodriguez; Dept Archaeology & Historic Preservation SEPA Review; Energy Facility Site Evaluation Council Stephen Posner; Nob Hill Water Bob Irving; Office of Rural & Farmworker Housing Marty Miller; Peterson, Robert; US Army Corps of Engineers - Deborah J Knaub; West Valley School District Angela Watts; WSDOT Carter Timmerman; WSDOT Paul Gonseth; WSDOT Rick Holmstrom; Yakama Bureau of Indian Affairs Rocco Clark; Yakama Nation Environmental Management Program Cialita Keys; Yakama-Klickitat Fisheries John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Health District Ryan lbach; Yakima County Planning Director Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation Al Brown; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima VaIley Conference of Governments Joseph Calhoun; Yakima ValIey Conference of Governments Shawn Conrad; Yakima ValIey Museum John A. Baule; Yakima Waste Systems Keith Kovalenko Peters, Jeff Notice of SEPA Addendum - Cottonwood Partners LLC SEPA#003-17 NOTICE OF SEPA ADDENDUM Cottonwood Partners LLC SEPA.PDF Attached is a Notice of SEPA Addendum rethe ject. If you have any goest6on.s about thiproposal please contact assigned planner Jeff Peters at (509) 575-6163 or email to: jeftpeter _Nakimawa.•ov. Thank you! Lisa M ey Planning Specialist City of Yakima Planning Division CITY OF YAKIMA arming DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planninggyakimawa.gov • www.yakimawa.gov/services/planning SEPA NOTICE OF AVAILABILITY OF SEPA ADDENDUM February 14, 2017 198 Description of current proposal: Addendum to an existing City of Yakima Environmental Review/Mitigated Determination of Non - Significance (MDNS) (File Number: SEPA #001-16) by Cottonwood Partners LLC for the addition of 7,000 cubic yards of grading and fill, revision of the applicant's Traffic Impact Analysis, and conditions #8 and 9 of MDNS SEPA#011-16. City Addendum File Number: SEPA #003-17 Proponent: Cottonwood Partners LLC P.O. Box 8353 Yakima, WA 98908 Location of current proposal: The subject property is located in the vicinity of S. 64th Ave. & Occidental Rd., Yakima, WA. Assessor's Parcel Number(s): 181205-13009, -11001, & 181333-33038 Notice of availability of SEPA addendum: This document serves as a notice of availability of a formal SEPA document, an addendum, pursuant to the SEPA rules (Chapter 197-11 WAC). In accordance with WAC 197-11-630, there is no new SEPA-specific public comment period in conjunction with this notice. The addendum provides additional informational and analysis resulting from the current proposal. The addendum does not change the analysis of significant impacts in the existing environmental documents. The addendum relates to the City of Yakima MDNS issued for City File Number SEPA #011-16. The document referred to herein and other documents relating to this proposal may be reviewed at Yakima City Hall, Department of Community Development, 129 North 2nd Street, Yakima, WA, during regular business hours. The City of Yakima has identified these documents as being appropriate for this proposal after independent review by the City's SEPA Responsible Official. These documents, augmented by the SEPA addendum, meet the City's SEPA environmental review needs for the current proposal and will accompany the proposal to the decision maker. Name of agency adopting documents: City of Yakima, Washington DOC. 199 Address: City of Yakima Department of Community Development 129 North 2nd Street Yakima, Washington (509) 575-6183 DOC. INDEX Yakima D94 200 WASHINGTON STATE ENVIRONMENTAL POLICY ACT ADDENDUM TO: MITIGATED DETERMINATION of NONSIGNIFICANCE Dated December 23, 2016 For Cottonwood Partners LLC City of Yakima File Number SEPA #011-16 A. Proposal Name and Location Cottonwood Partners LLC - SEPA Environmental Review, Critical Area Review, a Preliminary Long Plat to subdivide 8.27 acres into 35 single-family lots in the Single - Family (R-1) zoning district and, a Preliminary Short Plat subdivide 40.39 acres into six multifamily parcels to accommodate 660 apartment units over five phases in the Multi - Family (R-3) zoning district. The subject properties are located in the vicinity of S. 64th Ave. & Occidental Rd, Parcel Number(s): 181205-13009, -11001, & 181333-33038. B. Environmental Documents to Which this Addendum Applies The City of Yakima Planning Division issued a Mitigated Determination of Nonsignificance (MDNS) for the original proposal on January 11, 2017 (2017 MDNS: File Number: SEPA #011-16). The 2017 MDNS was never appealed by any party and is now final. C. Applicant Cottonwood Partners LLC P.O. Box 8335 Yakima, WA 98908 D. Date of Addendum This Addendum was prepared on February 8, 2017, pursuant to WAC 197-11-600(4) (C), WAC 197-11-625 and Yakima Municipal Code YMC 6.88.150. E. Description of Current Proposal At the request of the applicant, the original proposal has been modified in certain respects. These modifications (referred to as the "current proposal") include the addition of the following changes to the applicant's site plan, SEPA Checklist, and 2016 MDNS: 1. Grading and filling of 7,000 cubic yards of fill to be located outside of all 100 - year floodplain and Critical Areas; and 2. Modification of the wording of conditions 8 and 9 of SEPA MDNS #011-16 to account for minor changes to the applicant's Traffic Impact Analysis as identified below: 8. This MDNS authorizes the applicant to construct any combination of single-family or multi -family dwelling units of PLP#003-16, and PSP#003- DOC. 1 INDEX 201 16 up to a total of 75 dwelling units with no more than 35 single-family dwelling units without improvement to the intersection of Occidental Rd. and S. 641h Ave. 9. Prior to construction of over 75 dwelling units: A. The applicant shall submit plans for review and approval to the City of Yakima Engineer for an intersection improvement such as a signal or roundabout at the S. 64th Ave./Occidental Rd. intersection which comply with YMC Title 12 and 15.27 Part Four. B. All intersection and street frontage improvements for City PSP#003-16 and PLP#003- 16 shall be constructed and inspected in accordance YMC Title 12 and 15.27 Part Four. City File Number: SEPA#-003-17. A. Comparison of the Current Proposal and the Original Proposal. The current proposal allows for the addition of 7,000 cubic yards of fill material to be located outside of the FEMA 100 -year floodplain, and modifies conditions 8 and 9 of SEPA MDNS #003-17 to allow for the construction of any combination of single-family homes and apartments equal to 75 dwelling units (with a maximum of 35 single-family dwellings) prior to the construction of intersection improvements at S. 64th Ave./Occidental Rd. B. Environmental Analysis and Additional Information The impacts resulting from the current proposal are not anticipated to be different from those analyzed in connection with the original proposal and as a result, no further mitigation is required. 1. Conclusion The current proposal will not result in new significant adverse environmental impacts not analyzed in connection with the 2017 MDNS. This addendum provides additional information and analysis relating to the current proposal. 2 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA#011-16 (CAO#001-16, PSP#003-16, PLP#003.-16) Cottonwood Partners LLC Vic. of Occidental Ave & 64th Ave I, Lisa Maxey, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Decision of MDNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies and all parties of record, that said property owners are individually listed on the mailing list retained by the Pia 'ng Division, and that said notices were mailed by me on the 23rd day of December, 2016. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Department Assistant II 202 x120512003 BETTY M STEWART SURVIVORS TRUST 14665 154TH PL SE RENTON, WA 98058 18120513009 NWOOD PARTNE POBOX B YAKIM ..� 18120514004 CONGDON ORCHARDS INC PO BOX 2725 YAKIMA, WA 989072725 18120511001 C ONWOOD PARTNERS LLC PO BO YAKI 18133333038 COTTONWOOD PO BOX 8353 YAKIMA, WA 98908 18120422002 NOVOBIELSKI SURVIVORS TRUST 5809 AHTANUM RD YAKIMA, WA 989031049 18133244009 CHESTER A MILLER 2212 S 64TH AVE YAKIMA, WA 98903 18133334003 DONNA J MELTON 5901 WALLA WALLA ST YAKIMA, WA 98903 18120423005 N ► iELSKI SURV 18133333027 GRILLO FAMILY HOLDING TRUST 6102 WALLA WALLA ST YAKIMA, WA 98903 1120514402 NOVOVE SKI SUS S T 00-Ati AN YAKIMA, WA 9890310 ST 18133333028 DANIEL J GERMAN 6104 WALLA WALLA ST YAKIMA, WA 98903 18120512401 DENNIS L & JOANN M HOUFEK PO BOX 8012 YAKIMA, WA 98908 18133333434 EARL L BOHANNAN JR 2121 S 61ST AVE YAKIMA, WA 98903 18133333440 ELISEO & VALENTINA MORENO 951 GROMORE RD YAKIMA, WA 98908 18133333423 ERIC MOODY PO BOX 3262 UNION GAP, WA 98903 18120513013 GARY & RUTH HANSEN 21611 AHTANUM RD YAKIMA, WA 98903 18120513400 JAMES W & BONNIE GOERZ PO BOX 9846 YAKIMA, WA 989090846 18133333435 LARRY HERNANDEZ 2116S61STAVE YAKIMA, WA 98903 18133333026 MALCOLM E & DIANE M HANKS 11504 OCCIDENTAL RD YAKIMA, WA 98903 18133334004 FRANCIS A & PAULA MOORE 5909 OCCIDENTAL RD YAKIMA, WA 98903 18133333023 GREGORY J GOODMAN 4 5 10TH AVE YAKIMA, WA 98902 18133333031 FRANK E HOWE 6002 WALLA WALLA ST YAKIMA, WA 98903 18133334007 HAROLD W MATHIS PO BOX 10899 YAKIMA, WA 98909 18120513401 J SW & BONNI 18120514405 LARRY E WOLF 5819 AHTANUM RD YAKIMA, WA 98903 18133334407 JOSEPH E & JENNIFER WALSH 5709 WALLA WALLA ST YAKIMA, WA 98903 18133334009 LINDA ANN CURLEE 5805 OCCIDENTAL RD YAKIMA, WA 98903 18133333016 MARIO GARCIA 2209 5 64TH AVE YAKIMA, WA 98903 ,5133333024 MIGUEL & MARIA V RUVALCABA 6201 WALLA WALLA ST YAKIMA, WA 989031006 18133333030 OLIVIA MORENO 2201 S 64TH AVE YAKIMA, WA 98903 18133333014 PAMELA J STEPHENS 2203 S 64TH AVE YAKIMA, WA 989031021 18133333037 RANDALL D SHEPARD 2223 S 64TH AVE YAKIMA, WA 98903 18133244004 RAYCHELJLARSEN 2208 S 64TH AVE YAKIMA, WA 98903 18133333439 RICHARD A KAREL PO BOX 11203 YAKIMA, WA 98909 18133333029 RICK E & CINDRA M FRYATT 6106 WALLA WALLA ST YAKIMA, WA 98903 18133333035 RONALD & KRISTIN BENJAMIN 5903 WALLA WALLA ST YAKIMA, WA 989031002 18133334006 RONALD L & LEANNE M AMER 11800 RUTHERFORD RD YAKIMA, WA 98903 18133244007 RYAN & JOLENE M MAYGRA 2210 S 64TH AVE YAKIMA, WA 98903 18133244006 WILLIAM H & CHERYL S WYCKOFF 6407 OCCIDENTAL RD YAKIMA, WA 98903 18120513017 18120513016 18133244005 RONALD & SHELLY L VORIS 6409 OCCIDENTAL RD YAKIMA, WA 98903 18120514409 VERNON & PAMELA HIBBARD 5815 AHTANUM RD YAKIMA, WA 98903 18120513019 47 Total Parcels - Cottonwood Partners LLC - SEPA#011-16, PLP#003-16, CAO#001-16 & PSP#003-16' Cottonwood Partners LLC c/o Lew Miller PO Box 8335 Yakima. WA 98908 Huth regts Lou an Assoc. tnc c/o Mike Heit 2803 River Rd Yakima, WA 98902 c, NASD, N5 Sart - i 72-3 DOC. INDEX Ahtanum Irrigation District Beth Ann Brulotte, Executive Assistant 10705-B Gilbert Road Yakima, WA 98903-9203 bethb@ahtanum.net Cascade Natural Gas Jim Robinson, Field Facilitator 701 South 1st Ave Yakima, WA 98902 Jim.robinson@cngc.com 9(-) Chamber of Commerce 10 North 9th Street Yakima, WA 98901 chamber@yakima.org Department of Commerce Growth Management Services, P.O. Box 42525 Olympia, WA 98504-2525 reviewteam@commerce.wa.gov Department of Ecology Annie Szvetecz, SEPA Policy Lead P.O. Box 47703 Olympia, WA 98504-7703 separegister@ecy.wa.gov Department of Ecology Gwen Clear 1250 West Alder Street Union Gap, WA 98903 crosepacoordinator@ecy.wa.gov Department of Fish and Wildlife Eric Bartrand 1701 South 24th Ave Yakima, WA 98902 Eric.Bartrand@dfw.wa.gov Scott.Downes@dfw.wa.gov Department of Natural Resources SEPA Center PO Box 47015 Olympia, WA 98504 sepacenter@dnr.wa.gov Department of Social & Health Services Jeanne Rodriguez P.O. Box 45848 Olympia, WA 98504 Jeanne.rodriguez@dshs.wa.gov Dept of Archaeology & Historic Preservation Greg Griffith or Gretchen Kaehler, Deputy State Historic Preservation Officer P.O. Box 48343 Olympia, WA 98504-8343 dahp.separeview@dahp.wa.gov Energy Facility Site Evaluation Council -EFSEC Stephen Posner, SEPA Officer PO Box 43172 Olympia, WA 98504-3172 sposner@utc.wa.gov Engineering Division Dana Kallevig and Debbie Cook, City Engineer 129 N 2nd Street Yakima, WA 98901 dana.kallevig@yakimawa.gov debbie.cook@yakimawa.gov Nob Hill Water Association Bob Irving, Engineering Technician 6111 Tieton Drive Yakima, WA 98908 bob@nobhillwater.org Office of Rural and Farm Worker Housing Marty Miller 1400 Summitview Ave, Ste# 203 Yakima, WA 98902 Martym2@orfh.org U.S. Army Corps of Engineers, Regulatory Branch Deborah Knaub, Project Manager P.O. Box 3755 Seattle, WA 98124-3755 Deborah.J.Knaub@usace.army.mil Wastewater Division Marc Cawley or Dana Kallevig 2220 East Viola Ave Yakima, WA 98901 marc,cawley@yakimawa.gav dana.kallevitt@vakimawa.gov West Valley School District Angela Watts, Asst, Supt. Of Business & Operations 8902 Zier Road Yakima, WA 98908-9299 wattsa@wvsd208.org WSDOT Paul Gonseth, Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 gonsetp@wsdot.gov WSDOT Rick Holmstrom, Development Services 2809 Rudkin Road Union Gap, WA 98903 holmstr@wsdot.wa.gov WSDOT, Aviation Division Carter Timmerman 7702 Terminal St SW Tumwater, WA 98501 timmerc@wsdot.wa.gov Yakama Bureau of Indian Affairs Rocco Clark, Environmental Coordinator P.O. Box 632 Toppenish, WA 98948 Rocco.clark@bia.gov Yakama-Klickitat Fisheries Project John Marvin 760 Pence Road Yakima, WA 98909 jmarvin@yakama.com Yakima Air Terminal Robert Peterson, Airport Asst Manager 2400 West Washington Ave Yakima, WA 98903 robert.peterson@yakimawa.gov Yakima County Commissioners Commissioners.web@co.yakima.wa.us Yakima County Health District Ryan Ibach, Director of Environmental Health 1210 Ahtanum Ridge Dr Ste#200 Union Gap, WA 98903 yhd@co.yakima.wa.us ryan.ibach@co.yakima.wa.us Yakima Greenway Foundation Al Brown, Executive Director 111 South 18th Street Yakima, WA 98901 al@yakimagreenway.org Yakima County Public Services Lynn Deitrick, Planning Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Lynn. Deitrick@co.yakima.wa.us Yakima Regional Clean Air Agency Hasan Tahat, Engineering & Planning Supervisor 329 North 1st Street Yakima, WA 98901 hasan@yrcaa.org Yakima County Public Services Vern Redifer, Public Services Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Vern.redifer@co.yakima.wa.us Yakima Valley Conference of Government Shawn Conrad and Joseph Calhoun, Ptann 311 North 4th Street, Ste# 202 Yakima, WA 98901 conrads@yvcog.org calhounj@yvcog.org Yakima Valley Museum John A. Baule, Director 2105 Tieton Drive Yakima, WA 98902 john@yakimavalleymuseum.org Yakima Waste Systems Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr. Yakima, WA 98901 keithk wasteconn ctions-com Yakama Nation Environmental Management Program Cialita Keys, Environmental Review Coordinator P.O. Box 151 Toppenish, WA 98948 ckeysPyakamaxorn Century Link Manager 8 South 2nd AveRm#304 Yakima, WA 98902 Charter Communications KevinChi|oue 1O8SNorth l6thAve Yakima, WA 98902 City of Union Gap David SpurlockDevelopment Director PD.Box 3O0D Union Gap, WA 98903 Department of Agriculture Kelly McLain P.O.Box 4ZS6U Olympia, WA 98504 Environmental Protection Agency NEPA Review Unit 1ZOO6th Ave. MSGZ3 Seattle, WA 98101 Federal Aviation Administration 2200 W. Washington Ave Yakima, WA 98903 Federal Aviation Administration, Seattle Airports District Office Cayla Morgan, Airport Planner 1601 Lind Ave SW Renton, WA 98055-4056 Governor's Office of Indian Affairs POBox 4O909 Olympia, VVA9O5U4 Pacific Power Mike Paulson 500 North Keys Rd Yakima, WA 98901 Soil Conservation Disthct Ray Wondercheck 1605 Perry Street, Ste. F Yakima, WA 98902 Trolleys Paul Edmondson 313 North 3rd Street Yakima, WA 98901 United States Postal Service Jeff McKee 205 W Washington Ave Yakima, WA 98903 WA State Attorney General's Office 1433Lakeside Court, Ste#lO2 Yakima, WA 98902 WA State Dept of Health, Office of Drinking Water Christine Collins zbZOzsIndiana Ave, Ste#1SOO Spokane Valley, vvA99zzO Yakama Bureau of Indian Affairs Superintendent P.O.Box 63Z Toppenish, WA 98948 Yakama Indian Nation Johnson Meninick, Cultural Resources Program P.O. Box 151 Toppenish, WA 98948 Yakama Indian Nation Ruth Jim, Yakima Tribal Council P.O. Box 151 Toppenish, WA 98948 Yakima School District Dr. Jack Irion, Superintendent 104 North 4th Ave Yakima, WA 98902 Yakima VaIIey Canal Co Robert Smoot 1640 Garretson Lane Yakima, WA 98908 Ahtanum Irrigation Distric Beth Ann Brulotte, Executive Asistant 10705-B Gilbert Road Yakima, WA 98903 Yakima-Tieton Irrigation District Sandra Hull 470 Camp 4 Rd Yakima, WA 98908 Cascade Natural Gas 8113 W Grndrid0eBlvd Kennewick, WA 99336 and F0RMSSEPA REVIEWING AGENCIESES _updated 06.mm'Form ust.docx Type of Notice: 0-'\ Date m��._p°�_,�_ , i� t^n�' 207 In -House Distribution E-mail List Name Division Carolyn Belles Code Administration Glenn Denman Code Administration Joe Caruso E-mail Address Carolyn.Belles@yakirnawa.gov Glenn.Deranart@wakimawa.gov Code Administration Suzanne DeBusschere Code Administration Dan Riddle Joe.0 so@yakimawa.gov Su rie.Debusschere akirriawa ov ike Shane Engineering Dau.Riddle@ akitnawa.gov ark Soptich Jeff Cutter Engineering Mike,Shane givakirnawa.gov Fire Dept Mark.Sontion@yakintawajov Mark Kunkler Legal Dept kff.Ctater@vakirna .gov Archie Matthews Joan Davenpo Chief Rizzi Legal Dept ONDS INtiark.Kunkier akitnawa. OV Archte.Matthews@vakinta gov Planning Joan.Davenport@yakimawa.gov Scott Schafer Police Department Dorainic.Rizzi@yakitnawa.gov Public Works Dept Loretta Zammarchi Refuse Division Randy Layman Refuse Division Naeem Kara ames Dean Scott.Schafer@yakintawa.gov Loretta.Za archi@yakimawa.gov Randy.Layrriatt@yakarttawa.gov Transit Division Nacent.Kara(atyakirnawa.gov Dana Kallevig Randy Meloy Utilities Jatnes.D @vakitnawa.gov astewater D .Kallevig@yakintawa. ov 41. For the Record/File Binder Copy ewater Randy Mcloy yaki rn awa.gov Type of Notice: File Num ber(s): 4 0 t Date of Mailing: Revised 11/2016 2 If 208 Maxey, Lisa From: Maxey, Lisa Sent: Friday, December 23'2016138PK4 To: Belies, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; lbarra, Rosalinda; Kallevig, Dana; Kara, Naeem; Kunkler, Mark; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Zammarchi, Loretta; Ahtanum Irrigation District Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Commerce (CTED) Review Team; Department of Ecology SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural Resources; Department of Social & Health Services Jeanne Rodriguez; Dept Archaeology & Historic Preservation - SEPA Review; Desgrosellier, Bob; Energy Facility Site Evaluation Council Stephen Posner; Nob Hill Water Bob Irving; Office of Rural & Farmworker Housing Marty Milier; Peterson, Robert; US Army Corps of Engineers Deborah J Knuub;West Valley School District Angela Watts; WSDOT Carter Timmerman; WSDOT Paul Gonseth; WSDOT Rick Holmstrom; Yakama Bureau of Indian Affairs Rocco Clark; Yakama Nation Environmental Management Program - Cialita Keys; Yakama-Klickitat Fisheries - John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Health District Ryan |bach;Yakinna County Planning Director - Lynn Deitrick; Yakima County Public on/ices Director, Vern Redifer; Yakima Greenway Foundation Al Brown; Yakima Regional Clean Air Agency Hasan Tahat; Yakima Valley Conference of Governments Joseph Calhoun; Yakima Valley Conference of Governments Shawn Conrad; Yakima ValIey Museum John A. Baule; Yakima Waste Systems Keith Kovalenko Cc: Peters, Jeff Subject: Notice of MDNS Cottonwood Partners LLC SEPA#011 16'[AO#001'16'PSP#O0316 & PLP#003-16 Attachments: NOTICE OF MDNS Cottonwood Partners LLC - SEPA CAO PSP PLP.PDF Attached is a Notice of Mitigated Determination of Non-Signific. e (MDNS) regarding the above - entitled project. If you have any questions regarding this notice, please contact assigned planner ..Jeff Peters at (509) 575-6163 or email to: jeftpetersgyakimawa,gcm:. Th k you! Department Assistant ) City of Yakima Planning Division iNt et V Of VAR r arming CITY 7F YAKI A arming 209 DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AIC, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.'" l in.ak(n awa.gov • www.yakimawa.gov/services/planning WASHINGTON STATE ENVIRONMENTAL POLICY ACT MITIGATED DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON December 23, 2016 Project Description: Environmental Review for a Preliminary Long Plat to subdivide 8.27 acres into 35 single family lots in the Single -Family (R-1) zoning district, and a Preliminary Short Plat to subdivide 40.39 acres into six multi -family parcels to accommodate 660 apartment units to be constructed over 5 phases in the Multi -Family (R-3) zoning district. PROPONENT: LOCATION: PARCEL NUMBERS: LEAD AGENCY: FILE NUMBERS: Cottonwood Partners LLC. Vicinity of South 64th Ave. & Occidental Rd. (PSP#003-16: 181205-13009 & 11001) & (PLP#003-16: 181333- 33038) City of Yakima SEPA#011-16, CAO#001-16, PSP#003-16, & PLP#003-16 DETERMINATION: The City of Yakima, as lead agency for this proposal, after reviewing a completed environmental checklist and other information on file with the lead agency, has determined that the project will not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) will not be required under RCW 43.21C.030(2)(c), provided the measures listed below are used to mitigate potential adverse impacts. The information relied upon in reaching this determination is available to the public upon request at the City of Yakima Planning Division. FINDINGS, CONCLUSIONS AND IDENTIFIED ENVIRONMENTAL IMPACTS, AND MITIGATION MEASURES: This Mitigated Determination of Nonsignificance (MDNS) is hereby conditioned upon the following mitigating measures, as authorized under WAC 197-11-660 and Yakima Municipal Code (YMC) § 6.88.160, and the Yakima Urban Area Comprehensive Plan, which contains goals, policies, and regulations which provide substantive authority to require mitigation under the State Environment Policy Act. FINDINGS: A. Public Notice 1 A Notice of Application and State Environmental Policy Act (SEPA) Checklist Review was received on April 22. 2016, which was superseded by a new SEPA Checklist, which was received May 27, 2016. 2. Cottonwood Partners submitted their revised State Environmental Policy Act (SEPA) checklist on May 27, 2016. The Notice of Application and Environmental Review was mailed to SEPA agencies and surrounding property owners within 300 feet of the subject properties on August 3, 2016, after receiving requested additional information (a revised Transportation Concurrency Application and Traffic Impact Analysis). DOC. INDEX # A -w Yakima 2015 1994 210 B. Preliminary Long Plat #003-16 1. The subject parcel is zoned Single -Family (R-1) Residential. 2. The subject parcel currently contains several outbuildings, which are proposed for demolition prior to approval of the subject plat. 3. The Preliminary Long Plat proposes to subdivide one (1) parcel into 35 Single -Family lots ranging from approximately 6,700 to 10,100 square feet in size. 4. Nob Hill Water Association is located within 200 feet of the proposed development and is capable of serving this development. 5. City of Yakima sewer is located within the general vicinity of this plat and is capable of being extended to serve the subject development in accordance with YMC Title 12 Development Standards. 6. The subject property fronts on Occidental Ave., which is designated as a Collector Arterial street requiring 60 - 80 ft. of right-of-way in accordance with Map 5A and Table 2 of the West Valley Neighborhood Plan. The applicant's preliminary plat identifies a right-of-way width of 60 ft. for Occidental Ave. and therefore may be required to dedicate an additional 20 ft. of property as a condition of approval of the Preliminary Long Plat. 7. On May 27, 2016, the applicant submitted a preliminary plat illustrating the location of the proposed building, utilities, and roads in relation to the location of the FEMA 100 - year floodplain. 8. The preliminary plat map identifies the subject property is located outside of the FEMA 100 -year floodplain and any wetlands or environmentally sensitive areas, therefore Critical Area Review under YMC § 15.27 is not required for this plat. 9. All other mitigation and/or Preliminary Plat requirements of YMC Title 15, 14, and 12 not specifically identified in this MDNS shall be addressed in the applicant's Preliminary Long Plat Decision. C. Preliminary Short Plat #003-16 1. The subject parcel(s) are currently occupied by an existing single-family home and several outbuildings, which are proposed to be removed from the subject property prior to approval of the final plat. 2. The preliminary short plat proposes to subdivide the two existing tax parcels into six (6) lots of record from approximately 4.83 to 10.01 acres in size. 3. 660 apartment units are to be constructed over five (5) phases for the subject properties. 4. Nob Hill Water is located within 200 feet of the proposed development and is capable of serving the subject development. 5. City of Yakima sewer is located within the general vicinity of this plat and is capable of being extended to serve the subject development in accordance with YMC Title 12 Development Standards. 6. The subject property fronts on Occidental and 64th Avenues, which are designated as Collector Arterial streets in accordance with Table 2 and Map 5A of the West Valley Neighborhood Plan requiring 60 - 80 ft. of right-of-way. The applicant shall dedicate additional property to meet the required standards as a condition of both the Preliminary Short and Long Plat decisions. 7. The applicant submitted a Preliminary Short Plat map illustrating the location of the proposed building, utilities, and roads in relation to the location of the FEMA 100 -year floodplain. 8. The revised subject plat map submitted on October 5, 2015, identifies that both parcels(s) are currently encumbered by both the FEMA floodway and Zone AE of the 2 211 100 -year FEMA floodplain, and two of the proposed buildings on parcel 181205-11001 are shown to be constructed in the FEMA floodway. 9. Critical Areas: a) On May 27, 2016, the applicant submitted a Critical Area Identification application form. b) A portion of the subject properties are encumbered by the FEMA 100 -year floodplain, which requires review and approval under YMC § 15.27 Part Four. c) A site investigation was performed on October 10, 2016, to determine the presence of any wetlands as defined by YMC § 15.27.200 — Definitions "Wetland". The site investigation revealed the presence of no wetlands within the subject plat. d) The Administrative Official reviewed all pertinent information pertaining to the subject development and Critical Area Identification Form, and determined that "Critical Areas are present" in the form of the 100 -year floodplain; however, "no wetlands are present upon the subject properties". e) In accordance with YMC § 15.27.300 (E)(2), the Critical Area Administrative Official has determined that the provisions of the City's Critical Area Ordinance are adequately addressed through the provisions of this State Environmental Policy Act Review (SEPA) process, and are therefore being combined. Furthermore, this MDNS shall serve as the flood hazard permit for PSP#003-16. f) On June 16, 2016, the Federal Emergency Management Agency (FEMA) released new floodplain maps locating a portion of the proposed 660 -unit apartment complex within the 100 -year floodplain and floodway. g) The majority of the floodplain for the proposed project is located in FEMA Panel 53077C1029F and is designated Zone AE, which represents a base flood elevation has been determined. h) In accordance with YMC § 15.27.321(B) (2), all subdivisions that contain critical areas shall be protected by providing: 1) building envelopes for lots partially within a floodplain of 5,000 sq. ft. or more outside of the floodplain, or 2) lot sizes of one acre or more for lots located entirely within the floodplain. In accordance with these standards, the applicant has provided lot sizes that are all greater than one acre in size. i) In accordance with YMC § 15.27.407, all water supply systems and sanitary sewage systems are required to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. As no sewer and water plans have been submitted with either plat, the applicant shall be required to submit sewer and water plans to the City of Yakima Engineer and Nob Hill Water Association for review and approval in compliance with this requirement. j) In accordance with YMC § 15.27.407(F), the proposed subdivision is consistent with the need to minimize flood damage, has roads and public utilities and other facilities located and constructed to minimize flood damage, includes adequate drainage, and includes base flood data. k) All construction within the subject plat shall meet the floodplain development standards of YMC § 15.27.408 (A) and receive an individual floodplain elevation certificate. I) In accordance with YMC § 15.27.411, the applicant shall submit development plans to the City of Yakima Planning and Code Administration Divisions which take into account all encroachments, fill, new construction, and all other development provided by a registered professional engineer demonstrating through hydrologic and hydraulic analysis that all floodplain encroachments will not materially cause DOC. INDEX 3 CT"W 212 water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce carrying capacity of the floodway, or increase flood levels during the occurrence of the base flood discharge. m) As the subject plat identifies two apartment buildings located within the FEMA floodway in which all residential construction is prohibited in accordance with YMC § 15.27.411(D) & 412 (E), the applicant shall revise the preliminary plat to locate the two buildings outside of the floodway. n) The Hugh Bowman Ditch is a manmade ditch currently maintained by the Ahtanum Irrigation District and used throughout the year to provide Ahtanum irrigators with irrigation water. The continuation of Hugh Bowman Ditch passes through the parcels containing the proposed Preliminary Short Plat. D. Sewer 1. There is presently a City of Yakima sewer main located within South 64th Ave. with existing capacity to serve both of these developments. However, due to the topographical characteristics of the subject properties, not all buildings within the subject developments can be served with gravity sewer. The applicant has submitted plans which identify that the subject plats are to be served by an extension of the sanitary sewer as a public forced main running east within Occidental Rd. The City of Yakima does not accept the proposed design. The applicant shall submit revised wastewater plans for review and approval by the Wastewater Division Manager and City Engineer to serve both of these developments with gravity sewer. E. Transportation 1. On June 13, 2016, the City of Yakima Planning Division required a revised Traffic Concurrency Application and a Transportation Impact Analysis for both applications (PSP#003-16 and PLP#003-16). 2. On July 14, 2016, the applicant submitted the required Transportation Capacity Analysis for construction of a total of 660 apartments and 35 single-family homes, and Transportation Impact Study. 3. On December 19, 2016, the City of Yakima Engineer and Traffic Engineer reviewed the submitted study and determined that the document did not sufficiently address the impacts of the two developments upon the City's street system. In particular, the study allowed the future level of service for the intersection of S. 64th Ave. and Occidental Rd. to fall below the City of Yakima's adopted Intersection Level of Service "D" to level of service "E" and "F", and did not contain mitigation sufficient to maintain the intersection at level of service "D". 4. On November 14, 2016, the applicant submitted a Revised Transportation Impact Study correcting these deficiencies identifying that all impacted intersections will operate at level of service "D" or better with construction of up to 35 single-family homes and 40 apartments. Furthermore, the study recommended two mitigating conditions: a) Frontage improvements on Occidental Road will include new roadway paving for a 42 -foot -wide road, new curb and gutter, and 7 -foot sidewalks on the north and south sides of Occidental; and b) An intersection improvement such as a signal or roundabout at the S. 64th Ave/Occidental Road intersection will be necessary with development of the project. Up to 40 apartment units could be developed while maintaining LOS D for the eastbound approach at the intersection. F. SEPA Agency Comments 1. On August 17, 2016, the Washington State Department of Ecology provided written comment stating"...there is a possibility the soil contains residual concentrations of DOC. INDEX 4 213 pesticides. Ecology recommends that the soils be sampled and analyzed for lead arsenic, and for organochlorine pesticides. If these contaminants are found at concentrations above the Model Toxics Control Act cleanup levels Ecology recommends buyer be notified of their occurrence." Additionally "the NPDES Construction Stormwater General Permit from the Washington State Department of Ecology is required if there is potential for stormwater discharge from a construction site with disturbed ground..." 2. On August 18, 2016, a representative of the Ahtanum Irrigation District commented on the proposed project stating "... Hugh Bowman Ditch crosses the short plat approximately in the middle (of the proposed development). This waterway has water in it nearly all year and, at various times the ditch is used for supplying Ahtanum irrigators with their irrigation water. As such, it is necessary that the ditch remain where it is and, as a safety precaution, it is extremely important that it be piped... It will need to be as large as the piping where it runs under the county road and will need to have a cleanout manhole for access to it to clear an obstruction that might occur..." 3. On August 8, 2016, Yakima Regional Clean Air Agency submitted the following comments: a) Prior to demolishing and renovating any structures an asbestos survey must be done by a certified asbestos building inspector; b) Any asbestos found must be removed by a licensed asbestos abatement contractor prior to demolition; c) A Notification of Demolition and Renovation (NODR) application must be filed with YRCAA and the appropriate fee should be paid; d) Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust Control Plan with YRCAA and get approval, prior to the start of any work; e) The proponent/developer must address the air emission impact, in particular PM2.5 prior to any SEPA approval. Air emission from such a large development (35 single family and 660 apartment units), if using solid fuel devices (i.e., fireplaces, woodstoves) during the winter season at one time, may violate the National Ambient Air Quality Standards (NAAQS) for the 24 hours average; f) The proponent/developer must address the air emission impact from the development and show that the National Ambient Air Quality Standards (NAAQS), in particular PM2.5, is not violated prior to the issuance of any SEPA approval; g) This project is located within Yakima's Urban Growth Area; therefore, burning is prohibited at all times; and h) Roads shall be maintained at all times to prevent any offsite dust transport. G. Applicable Law A. All applicable law can be found in Exhibit A. H Comprehensive Plan Compliance Goals and policies of the City's 2025 Comprehensive Plan which are applicable and met by this development are as follows:_ Goals 5.1: Encourage diverse and affordable housing choices. 5.2: Provide homeownership opportunities. DOC. INDEX 5 214 10.7: Enhance and protect surface-, storm-, and groundwater quality from septic discharge, impervious surface runoff, improper waste disposal, and other potential contaminant sources. Ensure safe and adequate water supplies and promote wise use and conservation of water resources. 10.9: Manage development in and floodplains to protect public health and safety. Prevent increased flooding from stormwater runoff. Policies 5.1.6 Provide administrative and technical support to housing projects that complement existing programs. 5.1.7 Encourage good faith efforts that the City of Yakima and other local governments not impose regulations that may constitute barriers to affordable housing availability, and appropriate compatible residential densities. 10.1.1 Regulatory processes and permitting decisions will aim to balance natural values with urbanized use of the land. 10.1.2 Incorporate and maintain information regarding natural systems with regulations. 10.7.6 Coordinate with other governmental agencies and major water providers to attain improved water resource management practices. 10.7.10 Ensure the City's essential public facilities are not prohibited from construction of new, expansion or renovation of the water or wastewater or irrigation treatment facilities. 10.9.1 Protect natural drainage system associated with floodways and floodplains. 10.9.2 Ensure that new development will not affect the flood elevations in surrounding areas. 10.9.3 Ensure adequate protection of life and property from flood events. 10.9.4 Limit development located within the 100 -year floodplain unless it is possible to mitigate and restrict development within the floodway. 10.9.5 Emphasize non-structural methods in planning for flood prevention and damage reduction. 10.9.6 Encourage compliance with stormwater regulations for onsite retention of stormwater. 10.9.10 Encourage new development to adopt best management practices such as reduction of impervious surfaces and provisions for filtering pollutants. 10.9.11 Encourage and support the retention of natural open spaces or land uses that maintain hydrologic function and are at low risk to property damage from floodwaters within frequently flooded areas. CONCLUSIONS 1. Site-specific impacts for installation of utilities, frontage improvements, dust control, and stormwater facilities are either specifically addressed and mitigated through this MDNS, or are addressed and mitigated through the implementation of the City of Yakima's development standards. 2. The City of Yakima's 2025 Comprehensive Plan supports the subject development as specified in the above goals and policies. 3. The subject plats and/or their required public infrastructure are located within the FEMA 100 - year floodplain, and City of Yakima Critical Areas. As such in accordance with YMC § 15.27.300 (E)(2), the Administrative Official has determined that the provisions of the City's Critical Area Ordinances are adequately addressed through the provisions of the SEPA process, and all required mitigation of YMC § 15.27 Critical Areas has been incorporated into this this Mitigated Determination of Non -Significance. DOC. INDEX 6 215 4. In accordance with YMC § 15.27.300 (E)(2) & 15.27.416, this MDNS shall also serve as the flood hazard permit for Preliminary Short Plat (PSP#003-16), and all the installation for all required public infrastructure. 5. The Hugh Bowman Ditch runs through parcel number 181205-13009 (the portion of the property south of the proposed apartments). The Ahtanum Irrigation District has expressed concern about maintaining the continuation of water through this ditch after any form of development occurs on this property. Mitigation for the Hugh Bowman Ditch will be addressed through the Preliminary Short Plat (PSP#003-16) land use application. 6. The West Valley Neighborhood Plan identifies the proposed Functional Classification and road characteristics for both Occidental Rd. and S. 64th Ave., as identified in Map 5A Proposed Functional Classification of Streets and Table 2 Costs Estimates for Improving Streets in the West Valley Area. 7. In accordance with the applicant's traffic study, LOS D will be maintained up to 40 apartment units at the S. 64th Ave/Occidental Road intersection. Therefore, an intersection improvement such as a signal or roundabout will be required prior to construction over 40 apartments. REQUIRED MITIGATION MEASURES 1. All site-specific impacts for installation of utilities, frontage improvements, dust control, and stormwater facilities are sufficiently addressed and/or mitigated through the implementation of the City of Yakima's development standards. Compliance with all development standards are either required as a condition of approval as a part of the applicant's land use review, building permit approval, Preliminary Short Plat Decision (PSP#003-16), or Preliminary Long Plat decision (PLP#003-16). 2. Prior to any site grading or construction upon either plat: a) The applicant shall submit revised wastewater plans for review and approval by the Wastewater Division Manager and City Engineer, which serve the two developments with sewer in accordance with YMC Ch. 12.03, and the City of Yakima's Wastewater Collection System Master Plan. b) The applicant shall submit and gain approval from the City of Yakima Engineer and Nob Hill Water Association for sewer and water plans which are in compliance with YMC § 15.27.407, and are designed to minimize or eliminate infiltration of floodwaters into the systems. c) The applicant shall submit development plans to the City of Yakima Planning and Code Administration Division for review and approval which take into account all encroachments, fill, new construction, and all other development that is provided by a registered professional engineer which demonstrates through hydrologic and hydraulic analysis that all floodplain encroachments will not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce carrying capacity of the floodway, or increase flood levels during the occurrence of the base flood discharge in accordance with YMC § 15.27.411. 3. Prior to issuance of the Preliminary Short Plat Decision (PSP #003-16), the applicant shall submit a revised Preliminary Short Plat to the City of Yakima Planning Division relocating all buildings outside of the FEMA floodway in accordance with YMC § 15.27.411(D) & 412 (E). 4. All construction within the subject plats shall meet the floodplain development standards of YMC § 15.27.408 (A) and receive an individual floodplain elevation certificate. DOC. INDEX 7 216 5. All roads shall be constructed in accordance with YMC § 15.27.515, found in the applicable law listed Exhibit A. 6. All utilities shall be installed in accordance with YMC § 15.27.407 found in the applicable law listed in Exhibit A. 7. All permits required by the Yakima Regional Clean Air Authority shall be obtained and a copy provided to the City of Yakima Code Administration prior to commencement of site preparation for both plats. 8. This MDNS authorizes the applicant to construct all 35 single-family homes of PLP#003-16, and up to 40 dwelling units of PSP#003-16 without improvement to the intersection of Occidental Rd. and S. 64th Ave. 9. Prior to construction of over 40 dwelling units of PSP#003-16: a) The applicant shall submit plans for review and approval to the City of Yakima Engineer for an intersection improvement such as a signal or roundabout at the S. 64th Ave./Occidental Rd. intersection which comply with YMC Title 12 and 15.27 Part Four. b) All intersection and street frontage improvements for City PSP#003-16 and PLP#003- 16 shall be constructed and inspected in accordance YMC Title 12 and 15.27 Part Four. CONTACT PERSON: Contact Jeff Peters, Supervising Planner (509) 575-6163 for more information. There is no comment period for this MDNS This MDNS is issued under WAC 197-11-355. There is no further comment period on the MDNS. Responsible official: Joan Davenport, AICP Position/Title: SEPA Responsible Official Phone (509) 575-6183 Address: 129 N 2nd Street, Yakima, WA 98901 Date: December 23, 2016 Signature: You may appeal this determination Yakima, WA 98901. No later than: January 6, 2017 Joan Davenport, AICP at 129 N 2nd Street, By (method) Complete appeal application form and pay m nt of 5580 aooeal fee. You should be prepared to make specific factual objections. Contact the City of Yakima Planning Division to read or ask about the procedures for SEPA appeals. T There is no agency appeal. Doc. INDEX 217 Exhibit A Applicable Law YMC § 15.04.070 — Overlays A. Purpose. Overlay standards and criteria are established to coordinate the provisions established in the zoning ordinance with more detailed policies and standards adopted in other plans and ordinances for the Yakima River greenway overlay, institutional overlay and floodplain overlay. The airport safety overlay is established separately pursuant to YMC Chapter 15.30, and is expressly exempted from the provisions of this section. All overlays are specifically governed by other sections. B. Project Review in Overlay. In order to assure the appropriate standards are applied: 1. All Class (1) uses in an overlay unless otherwise specified shall be subject to Type (2) review (YMC Chapter 15.14). 2. All Class (2) uses shall be subject to Type (2) review and Class (3) uses in an overlay shall be subject to Type (3) review. C. Specific Development Standards for Overlays. See YMC 15.09.020. YMC § 15.27.301 — Critical area identification form and critical area report requirements. A. Prior to the review of any applicable proposed development, construction or use, the applicant shall provide the city with a critical areas identification form and site plan and any other information the city may require to determine if a critical area is present. B. Upon receipt of a critical area identification form and site plan, the administrative official or designee may conduct a site examination to review critical area conditions. The administrative official or designee shall notify the property owner of the site examination prior to the site visit. Reasonable access to the site shall be provided by the property owner. C. The administrative official or designee shall review the available information pertaining to the proposal and make a determination whether any critical areas may be affected. If so, a more detailed critical area report shall be submitted in conformance with YMC 15.27.314 and 15.27.315, except as provided below: 1. No Critical Areas Present. If the administrative official or designee is able to sufficiently determine a critical area does not exist within or adjacent to the project area and/or a critical area report is not required. 2. Critical Areas Present, but No Impact. If the administrative official or designee is able to determine the existence, location and type of critical area and the project area is not within the critical area and/or the project will not have an indirect impact on the function of an adjacent wetland. YMC § 15.27.321(B) B. Subdivision Standards. The following standards apply to all permits or reviews under the subdivision ordinance (YMC Title 14) that contain critical areas: 1. All subdivisions that contain critical areas shall be eligible for density bonuses or other development incentives, as provided in the subdivision ordinance (YMC Title 14) and zoning ordinance (this title); 2. Critical areas shall be actively protected through the following: a. Roads and utilities for the subdivision shall avoid critical areas and their buffers, as much as possible; DOC. INDEX 9 218 b. When geologically hazardous areas (excluding erosion, oversteepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodways, channel migration zones (CMZs), streams, wetlands and/or vegetative buffers fall within the boundary of a subdivision: i. Said critical areas shall be protected by placing them entirely within a separate critical area tract or by including them entirely within one of the developable parcels. Other options, such as conservation easements and building envelopes, may be deemed appropriate by the administrative official as meeting this provision when special circumstances obstruct the viability of this provision; ii. For those new lots that do contain said critical areas, usable building envelopes (five thousand square feet or more for residential uses) shall be provided on the plat that lies outside said critical areas. c. New lots partially within the floodplain shall provide a usable building envelope (five thousand square feet or more for residential uses) outside the floodplain. d. New lots entirely within the floodplain shall be at least one acre in area; e. For new lots containing streams, wetlands, and/or vegetative buffers, outdoor use envelopes shall be provided on the plat that lie outside said critical areas; f. Degraded vegetative buffers shall be restored, or provided with protection measures that will allow them to recover; g. Floodplains and critical areas shall be depicted on preliminary subdivision plats and relevant information about them disclosed on the final plat. h. Lots or parcels that lie entirely within geologically hazardous areas (excluding erosion, oversteepened slopes of intermediate risk, stream undercutting, and earthquake hazards), FEMA floodways, channel migration zones (CMZs), streams, wetlands, and/or vegetative buffers may not be further divided. YMC § 15.27.407 — General Standards — The following regulations shall apply in all special flood hazard areas pursuant to the IBC, ASCE-24, and HUD 24 CFR Part 3280: A. Anchoring and Construction Techniques. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors. (For additional information please refer to guidebook, FEMA -85.) Anchoring shall meet the specifications set forth below for structures located within one hundred feet of a floodway or the ordinary high water mark if no floodway has been established. B. Construction Materials and Methods. 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during the conditions of flooding. C. All new construction and any improvements or additions to existing floodproofed structures that would extend beyond the existing floodproofing located within one hundred feet of the floodway or one hundred feet of the ordinary high water mark if no floodway has been established shall be elevated to a height equal to or greater than the base flood, using zero -rise methods such as piers, posts, columns, or other methodology, unless it can be DOC. 11D EX10 219 demonstrated that non -zero -rise construction methods will not impede the movement of floodwater or displace a significant volume of water. The size and spacing of any support devices used to achieve elevation shall be designed to penetrate bearing soil, and be sufficiently anchored, as specified above in subsections A and B of this section. D. Except where otherwise authorized, all new construction and substantial improvements to existing structures shall require certification by a registered professional engineer, architect or surveyor that the design and construction standards are in accordance with adopted floodproofing techniques. E. Utilities. a. All new and replacement water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and on-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. b. Water wells shall be located on high ground that is not in the floodway. F. Subdivision Proposals. Subdivision proposals shall: a. Be consistent with the need to minimize flood damage; b. Have roadways, public utilities and other facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; c. Have adequate drainage provided to reduce exposure to flood damage; d. Include base flood elevation data; and e. In the cases where base flood elevation is not available and the subdivision is greater than five acres or fifty lots, a step -back water analysis shall be required to generate the base flood elevation data. G. Watercourse Alterations. The flood -carrying capacity within altered or relocated portions of any watercourse shall be maintained. Prior to the approval of any alteration or relocation of a watercourse in riverine situations, the department shall notify adjacent communities, the Department of Ecology and FEMA of the proposed development. YMC § 15.27.408 — Specific Standards — In all special flood hazard areas where base elevation data has been provided as set forth in YMC 15.27.400, the following regulations shall apply, in addition to the general standards of YMC 15.27.407: A. Residential Construction. 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at a minimum to or above the base flood elevation. 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; b. The bottom of all openings shall be no higher than one foot above grade; and c. Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. DOC. INDEX 11 220 3. Residential construction within one hundred feet of a floodway, or the ordinary high water mark if no floodway has been established, shall also meet the requirements of YMC 15.27.407(C). YMC § 15.27.411 — Permitted Uses Permitted uses include any use permitted in the zoning district in accordance with this title; provided, that said use is in compliance with the flood hazard protection standards of YMC 15.27.407 and 15.27.408 and other applicable provisions of this chapter and will have a negligible effect upon the floodway in accordance with the floodway encroachment provisions of YMC 15.27.412(B). Permitted uses include: A. All encroachments, including fill, new construction and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge B. Item B does not apply C. Utility transmission lines, unless otherwise prohibited by this chapter; except that when the primary purpose of such a transmission line is to transfer bulk products or energy through a floodway en route to another destination, as opposed to serving customers within a floodway, such transmission lines shall conform to the following: 1. All utility transmission lines shall cross floodways by the most direct route feasible, as opposed to paralleling floodways; 2. Electric transmission lines shall span the floodway with support towers located in flood fringe areas or beyond. Where floodway areas cannot be spanned due to excessive width, support towers shall be located to avoid high floodwater velocity and/or depth areas, and shall be adequately floodproofed; 3. Buried utility transmission lines transporting hazardous and nonhazardous materials, including but not limited to crude and refined petroleum products and natural gas, shall be buried a minimum of four feet below the maximum established scour of the waterway, as calculated on the basis of hydrologic analyses. Such burial depth shall be maintained horizontally within the hydraulic floodway to the maximum extent of potential channel migration as determined by hydrologic analyses. In the event potential channel migration extends beyond the hydraulic floodway, conditions imposed upon floodway fringe and special flood hazard areas shall also govern placement. All hydrologic analyses are subject to acceptance by the city of Yakima, which shall assume the conditions of a one -hundred -year frequency flood as verified by the U.S. Army Corps of Engineers, and shall include on-site investigations and consideration of historical meander characteristics in addition to other pertinent facts and data. The use of riprap as a meander containment mechanism within the hydraulic floodway shall be consistent with the city of Yakima shoreline master program regulations; 4. Beyond the maximum extent of potential channel migration, utility transmission lines transporting hazardous and nonhazardous materials shall be buried below existing natural and artificial drainage features; and 5. Aboveground utility transmission lines, not including electric transmission lines, shall only be allowed for the transportation of nonhazardous materials where an existing or new bridge or other structure is available and capable of supporting the line. When located on existing or new bridges or other structures with elevations DOC. INDEX 12 221 below the one -hundred -year flood level, the transmission line shall be placed on the downstream side and protected from flood debris. In such instances, site- specific conditions and flood damage potential shall dictate placement, design and protection throughout the floodway. Applicants must demonstrate that such aboveground lines will have no appreciable effect upon flood depth, velocity or passage, and shall be adequately protected from flood damage... YMC § 15.27.412 — Prohibited Uses The following uses/developments are prohibited in the floodway: A. Any structure, including manufactured homes, designed for or to be used for human habitation of a permanent nature (including temporary dwellings authorized by YMC 15.04.130 and 15.04.140); B. Any encroachments, including fill, new construction and other development, shall require certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the effect of the subject encroachment together with the cumulative effects of all similar potential encroachments shall not materially cause water to be diverted from the established floodway, cause erosion, obstruct the natural flow of water, reduce the carrying capacity of the floodway, or result in any increase in flood levels during the occurrence of the base flood discharge; C. Aboveground utility transmission line appurtenant structures, including valves, pumping stations, or other control facilities, shall not be permitted in the floodway, except for domestic water and regional wastewater facilities where necessary; D. Where a floodway has not been determined by preliminary Corps of Engineers' investigations or official designation, a floodway shall be defined by qualified engineering work by the applicant on the basis of a verified one -hundred -year flood event; E. Construction or reconstruction of residential structures within designated floodways, except for: 1. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and 2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the assessed value of the structure either: a. Before the repair, reconstruction or improvement is started; or b. If the structure has been damaged and is being restored, before the damage occurred. 3. Work done on structures to correct existing violations of existing health, sanitary or safety codes, or to structures identified as historic places, shall not be included in the fifty percent. 4. If subsection B of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Part Four. F. The construction or storage of any object subject to flotation or movement during flood level periods; G. The following uses, due to their high degree of incompatibility with the purpose of establishing and maintaining a functional floodway, are specifically prohibited: 1. The filling of wetlands, except as authorized under Part Five, Fish and Wildlife Habitat and the Stream Corridor, and Part Six, Wetlands; 2. Solid waste landfills, dumps, junkyards, outdoor storage of vehicles, and/or materials; and INDEx 13 222 3. Damming or relocation of any watercourse that will result in any downstream increase in flood levels during the occurrence of the base flood discharge (see YMC 15.27.509). H. The listing of prohibited uses in this section shall not be construed to alter the general rule of statutory construction that any use not permitted is prohibited. (Ord. 2008-46 § 1 (part), 2008). YMC § 15.27.414 — Administration The administrative official is vested with the duty of administering the rules and regulations relating to flood hazard protection in accordance with the provisions of Part Four and may prepare and require the use of such forms as are essential to such administration. YMC § 15.27.145 — Authority Upon application, the administrative official shall have the authority to grant a flood hazard permit when compliance with the applicable conditions as set forth in Part Four of this chapter and in other applicable local, state and federal regulations has been demonstrated and the proposal is found to be consistent with the purpose of the policies of the critical areas ordinance. YMC § 15.27.200 — Definitions generally "Wetland" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. YMC § 15.27.416 — Required Prior to any development within a special flood hazard area, a flood hazard permit shall be obtained. This permit may be in addition to the critical area development authorization as set forth in Part Three of this chapter. YMC § 15.27.425 — Elevation and Floodproofing Certification Applicability - Certification for elevation and floodproofing shall be required only for the new construction or substantial improvement of any residential, commercial, industrial, or nonresidential structure located in a special flood hazard area. YMC § 15.27.515 — Roads, railroads, and Parking — The following provisions shall apply to the location and construction of roads, railroads, and parking within a designated hydrologically related critical area: B. Roads and railroads shall not be located within a designated stream corridor except where it is necessary to cross the corridor or where existing development, topography, and other conditions preclude locations outside the stream corridor; 1. Construction of roadways across stream corridors shall be by the most direct route possible having the least impact to the stream corridor; 2. Roadways that must run parallel to streams or wetlands shall be along routes having the greatest possible distance from stream or wetland and the least impact; 1NDEx 14 223 3. Roadways within the stream corridor shall not hydrologically obstruct, cut off or isolate stream corridor features, unless it is clearly unavoidable; C. Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade or shall be transported outside the stream corridor; D. Necessary fill to elevate roadways shall not impede the normal flow of floodwaters or cause displacement that would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood -prone; E. Spoil, construction waste, and other debris shall not be used as road fill or buried within the stream corridor; F. Bridges and water -crossing structures shall not constrict the stream channel or impede the flow of ordinary high water, sediment, and woody debris; G. The preservation of natural stream channels and drainage ways shall be preferred over the use of culverts. Where culverts are the preferred method, Targe, natural bottom culverts, multiplate pipes, and bottomless arches are preferred; H. The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways and shall be sized to accommodate the volume, flow and velocity of ordinary high water and shall terminate on stable, erosion -resistant materials; I. Where fish are present, culverts shall be designed and constructed to specifications provided through the Department of Fish and Wildlife; J. At least one end of a wood stringer bridge shall be anchored to prevent the bridge from being washed away during a high water event; K. Roads must be designed and constructed using established flood -resistant design and construction methods when the road is possibly subject to flood water damage; and L. Roads and bridges within floodways must meet the requirements of YMC 15.27.411(C) and (G), unless an engineer can demonstrate another appropriate method. 15 Dece 224 DEPEAFML OF UTILITIES A ENGI ERZ:NG Debbie Cook, PE, Director Engineering Division 129 North Second Street Yakima, gr• hington 98901 (509) 575-6111 •F. (509) 576-6305 ber 21, 2016 Cottonwood Partners, LLC Attn: Lew Miller PO Box 8335 Yakima, WA 98908 Subject: Notice of Decision for Transportation Concurrency 35 Single Family Homes and 660 Apartments Dear Applicant, Enclosed is the Decision for the Transportation Concurrency Analysis of the proposed development of 35 Single Family Homes and 660 Apartments at 2309 South 64th Avenue, within the City of Yakima, Washington. This development has been APPROVED for Concurrency Analysis as detailed in the Traffic Impact Study that was done by Transportation Engineers Northwest. Concurrency review determined that improvements to the intersection of 64th Avenue and Occidental Road (roundabout or traffic signal) must be made prior to more than 75 dwelling units being constructed. This review does not include safety or site design issues which will be addressed at the project review level of zoning and SEPA. This review concluded that the proposed development will not exceed the capacity of the arterial street system and reserve capacity exists on all impacted arterial streets. Please review the enclosed report. You may appeal the Findings of this report or request Administrative Reconsideration within fifteen (15) days from the date of mailing of this Notice. Appeal forms and procedures are available at the Department of Community and Economic Development. If you have any questions, please call me at (509) 576- 6797. Sincerely, Brett H. Sheffield, PE Chief Engineer Enclosure cc: Rosalinda Ibarra RECEIVED DEC 2 1 201b CITLYA!!!!Y23AKDIIMA icj'oc. 225 Date of l{eview: Review Prepared by: Proposed Development: Subject Address: ITE Land Use: City of Yakima, Washington Engineering Division Transportation Concurrency Analysis December 2LZ0|6 Brett H. Sheffield, Chief Engineer, (509) 576-6797 Anderson Park Developrnenl 2309S.64mAvenue 2|U—Single Family -Detached Homes 221 — Low -Rise Apartment Expected Net PM Peak Hour Trip Generation: 419 PM Peak I-Iour Trips Average Weekday Trips = 4,683 SU Man' of Impact: The applicant, Cottonwood Partners, LLC, proposes to construct 35 single family homes and 660 low-rise apartrncnts in the vicinity oU6411' Avenue and Occidental Road, within the city ofYakirna, Washington. Traffic from this new development will enter the Arterial Street system on 64'h Avenue. City of Yakima Administrative procedures for Concurrency Analysis use the PM Peak hour trip of the adjacent street for the selected land use category. For this project, a Transportation Impact Study was performed by Transportation Engineering Northwest (TENW). Summa of Im tact to C of Yakima Arterial Streets: This m application has been reviewed for consistency with YMC 12.08 Transportation Capacity Management Ordinance. The Traffic Impact Study found that the full build out of this development would result in a Level of Service (LOS) I° at the intersection of 64th Avenue and Occidental Road, which cxceeds the City's minimum LOS D. Further analysis showed that the 35 single family homes and up to 40 apartment dwelling units can be constructed while still maintaining a LOS D at the 64m Avenue and Occidental Road Intersection (see attachments). Prior toconstruction ofadditional apartment dwelling units, the intersection o[64th/\venuuuud Occidental Road must be improved by the construction of a roundabout or traffic signal. Funding for the intersection improvements shall be borne hy the developer. Transportation Capacity Analysis Page 1 of| RECEIVED D���= _��2016 CITY OF YAKIMA PFANY223 012 INDEX �� r. 226 Revised Transportation Impact Study Anderson Apartments - Yakima Future year 2018 PM peok hour level of service (LOS) analyses were conducted al the study intersections for year 2018 No Acion (without projectl conditions and for year 2018 With -Project conditions Wilh the development of tlie Anderson Apartments and Anderson Fstates developments, Occidental Road would he improved to include channelization improvements at the intersection of S 64h Ave/Occidental Road Future channelization improvements at S 64'h Ave/Occidentai Road will include an exc!usive southbound left -turn lane ori 5 64'h Ave and exclusive eastbound and westbound left turn lanes on the Occidental Road approaches: these channelization improvements were assumed in the 2018 LOS analyses. The revised 2018 weekday PM peak hour IOS results at the study intersections without and with the proposed project are summarized in Table 5 The LOS worksheets are included in Appendix B Stud lOtersection Stop -Controlled Intersections 1. 5 64,h Ave Occidental Road Northbound Left -turn Eastbound Left -turn Eastbound shared Thru-Rt Westbound Left -turn Westbound shared Thru-Rt Southbound Left -turn 2018 No Adige f3eloy LOS ec A 8.1 29.8 10.7 C17.3 10.7 A 8.0 A 8.9 18.8 12.8 0 With-Piroject Defoy LOS' sec A 8,1 F >100 C 19.9 E 49.5 13.4 A 8.8 A B 9.4 23.3 14,0 As shown in Table 5, all controlled movements rhe study intersection are expected to operate at LOS E or better in 2018 during rhe weekday PM peak hour with exception to the eastbound stop controlled left -turn movement at S 6411- Ave/Occidental Road All movements at the S 54'H Ave/Ahtanum Road intersection are expected to maintain LOS C or better with buildout of the proposed 660 apartment units. The eastbound leh-turn stop controlled movement at S 64'Ave/Occidentcl Road is expected to operate at LOS D in 2018 during the PM peak hour without the project and LOS F with project buildout LOS E can be maintained with buildout of urs to 100 apartment units. Mitigation to meet Cly's LOS standards will require either signalization or a roundabout at the intersection should be noted that the 35 single family homes from the future ,zinolersoh Elates residential development were included us a background condition (without the Apartments project) As o result, the /OS evaluation of future without -project conditions included buildout of the 3.5 single family lats The future ',yr./haul-project Z05 at 5 64117 Ave/Occidental Rd shows LOS D, which means that the development of the Ana'eison Estates single-family project 05 0 standalone project would not trigger the need for intersection improvements EN W MED DEC 2 1 2016 CITY OF YAKIMA PLAN!!::...,1 DIV November 14, 2016 PageDOC* INDEX 227 Revised Transportation Impact Study Anderson Apartments - Yakima MITIGATION MEASURES The follow ng measures are proposed ko mitigate transportation impacts of the proposed Anderson Apartments development. TENW Frontage improvements on Occidental Road will include new roadway paving for a 42 -foot wide road, new curb and gutter, and 7 -foot sidewalks on the north and south sides of Occidental Road. • An intersection improvement such as a signal or roundabout at the S 646 Ave/Occidental Road intersection will be necessary with development of the project. Up to 40 apartment units could be developed while maintaining LOS D for the eastbound approach at the intersection. RECEIVED DEC 2 1 2016 CITY OF YAKIIVIA PLA NKNG DIV November 14, 2016 228 r't CITY OF YAKIMA September 30, 2016 Cottonwood Partners POBox 83]S Yakima, WA 98908 DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, A1CP, Director 129 North Second Street, 2 Floor, Yakima, WA 98901 Subject: Request for Additional Information File Number: PLP#003-16; SEPA#011-16; PSP#003-16; CL1#028-16; and CAO#001-16 Site Address: Vicinity f 64th Ave, Parcel: 181205-13009, -11001, and 181333-33038 Proposal: Proposal to construc660 apartment units in the multi -family (R-3) zoning district over thecourseoffive(S)phasesnfdeve|opment(CLl#OID'l6),proposedsix-lotshortp|atin theR'3zoningdistrict(PSP#UO3'16)'andpropose|on8p|atthatm/iUsubdivide approximately 8.27 acres into 35 single family lots in the Single Family (R-1) zoning district over the course of the (2) phases of development (PLP#003-16). REQUEST for ADDITIONAL INFORMATION Required Additional Information: Due to the nature of the comments received during the State Environmental Policy Actchecklist20 day comment period, the City of Yakima is requesting a revised plat map with the most recent floodplain data for both the Preliminary Long and Preliminary Short Plats. The comments in question are attached. Trevor Martin Associate Planner Department of Community Development You may contact me at (509) 575-6162 or trevor.martin@yakimawa.gov if you have any questions regarding this matter. Yakima 2015 1994 INDEX 229 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA#011-16, CAO#001-16, PLP#00346 & PSP#003-16 Cottonwood Partners LLC Vic. of S 64th Ave & Occidental Rd I, Lisa Maxey, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application and Environmental Review. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; SEPA reviewing agencies, and all property owners of record within a radius of 300 feet of subject property; that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 3rd day of August, 2016. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Department Assistant 11 DOC. INDEX -3 b 18120512003 BETTY STEWART SURVIVORS TRUST 14665 154TH PL SE RENTON, WA 98058 18120513009 D PARTNE nJBe:A1353YAKIM� 18120514004 CONGDON ORCHARDS INC POBOX 3726 YAKIMA, WA 989072725 230 18133333038 COITONWOOD PARTNERS LLC PO BOX 8353 YAKIIV1A, WA 98908 18120511001PO BOX Co. ONWOOD PARTNERS L_LC 18120422002 NOV0BIELSKI SURVIVORS TRUST 5809 AHTANUM RD YAKIMA, WA 989031049 18133344009 CHESTER A MILLER 2212 S 64TH AVE YAKIMA, WA 98903 18133334003 DONNA ]MELTON 5901 WALLA WALLA ST YAKIMA, WA 98903 18133333423 ERIC MOODY PO BOX 3262 UNION GAP, WA 98903 18120513013 GARY & RUTH HANSEN 21611 AHTANUM RD YAKIMA, WA 98903 18120513400 JAMES W & BONNIE GOERZ POBOX 9846 YAKIMA, WA 989090846 18120423005 NOVOBIELSKI SURVIVORS TRUST 5809 ARTA 11 A 9890310 18133333027 GR(LLOFAMILY HOLDING TRUST 6102 WALLA WALLA ST YAKIMA, WA 98903 18120514402 IELSKI SURVIVO 5809 AH 18133333028 DANIEL J GERMAN 6104 WALLA WALLA ST YAKIMA, WA 98903 EARL L BOHANNAN JR 2121SG1STAVE YAKIMA, WA 98903 18133334004 -- ----=~ FRANCIS A & PAULA MOORE 5909 OCCIDENTAL RD YAKIMA, WA 98903 18133333022 -�---' GREGORY ]GOODMAN 4S1OTHAVE YAKIMA, WA 98902 18120513401 JA W & BONNIE GOER 18133334407 PO BOX :46 JOSEPH E & JENNIFER WALSH VA 18120512401 DENNIS L & JOANN M HOUFEK M]BOX 0O1J YAK/MA, WA 98908 18133333440 ELISEO & VALENTINA MORENO 951 GROMORE RD YAKIMA, WA 98908 18138333031 FRANK E HOWE 6002 WALLA WALLA ST YAKIMA, WA 98903 18133334007 HAROLD W MATHIS POBOX 1O899 YAKIMA, WA 98909 5709 WALLA WALLA ST YAKIMA, WA 98903 18133333435 LARRY HERNANDEZ Z11G5615TAVE YAKIMA, WA 98903 18133333026 MALCOUNEf6DIANE K4HANKS 11504 OCCIDENTAL RD YAK/MA, WA 98903 18120514405 ~�~ LARRY E WOLF 5819 AHTANUM RD YAKIMA, WA 98903 MARIO GARCIA 2209 S 64TH AVE YAKIMA, WA 98903 18133334009 LINDA ANN CURLEE 5805 OCCIDENTAL RD YAKIMA, WA 98903 18133333036 —~----' 2209 S 6A 11 H_� 18133333024 MIGUEL & MARIA V RUVALCABA 6201 WALLA WALLA ST YAKIMA, WA 989031006 18133333037 RANDALL D SHEPARD 2223 S 64TH AVE YAKIMA, WA 98903 18133333029 RICK E & CINDRA M FRYATT 6106 WALLA WALLA ST YAKIMA, WA 98903 18133334006 RONALD L & LEANNE M AMER 11800 RUTHERFORD RD YAKIMA, WA 98903 18133333030 OLIVIA MORENO 2201 S 64TH AVE YAKIMA, WA 98903 18133244004 RAYCHELJ LARSEN 2208 S 64TH AVE YAKIMA, WA 98903 18133333035 RONALD & KRISTIN BENJAMIN 5903 WALLA WALLA ST YAKIMA, WA 989031002 18133244007 RYAN & JOLENE M MAYGRA 2210 S 64TH AVE YAKIMA, WA 98903 18133333014 PAMELA J STEPHENS 2203 S 64TH AVE YAKIMA, WA 989031021 18133333439 RICHARD A KAREL PO BOX 11203 YAKIMA, WA 98909 18133244005 RONALD & SHELLY L VORIS 6409 OCCIDENTAL RD YAKIMA, WA 98903 18120514409 VERNON & PAMELA HIBBARD 5815 AHTANUM RD YAKIMA, WA 98903 18133244006 WILLIAM H & CHERYL S WYCKOFF 6407 OCCIDENTAL RD YAKIMA, WA 98903 18120513017 18120513016 18120513019 18120513018 Cottonwood Partners LLC c/o Lew Miller PO Box 8335 Yakima, WA 98908 Hull)reuse Louman Assoc. Inc c/oMIke Heit 2803 River Rd Yakima, WA 98902 N of tigFpli Ccxhc v- se -6.9 S1 ,9 -11011 -I 11), oio#tc I- Lu, ?P * C0 3' I (0 PLP frC0 5.1 ytt gis/i 47 Total Parcels Cottonwood Partners LLC - SEPA#011-16, PLP#003-16, CAO#001-16 & PSP#003-16 DOC. INDEX Ahtanum Irrigation District Beth Ann Brulotte, Executive Assistant 10705-B Gilbert Road Yakima, WA 98903-9203 bethb@ahtanum.net Cascade Natural Gas Jim Robinson, Field Facilitator 701 South 1st Ave Yakima, WA 98902 Jim.robinson@cngc.com Chamber of Commerce 10 North 9th Street Yakima, WA 98901 chamber@yakima.org Department of Commerce Growth Management Services, P.O. Box 42525 Olympia, WA 98504-2525 reviewteam@commerce.wa.gov Department of Fish and Wildlife Eric Bartrand 1701 South 24th Ave Yakima, WA 98902 Eric.Bartrand@dfw.wa.gov Scott.Downes@dfw.wa.gov Department of Ecology Annie Szvetecz, SEPA Policy Lead P.O. Box 47703 Olympia, WA 98504-7703 separegister@ecy.wa.gov Department of Natural Resources SEPA Center PO Box 47015 Olympia, WA 98504 sepacenter@dnrwa.gov Department of Ecology Gwen Clear 1250 West Alder Street Union Gap, WA 98903 crosepacoordinator@ecy.wa.gov Department of Social & Health Services Jeanne Rodriguez P.O. Box 45848 Olympia, WA 98504 Jeanne.rodriguez@dshs.wa.gov Dept of Archaeology & Historic Preservation Greg Griffith or Gretchen Kaehler, Deputy State Historic Preservation Officer P.O. Box 48343 Olympia, WA 98504-8343 dahp.separeview@dahp.wa.gov Energy Facility Site Evaluation Council -EFSEC Stephen Posner, SEPA Officer PO Box 43172 Olympia, WA 98504-3172 sposner@utc.wa.gov Engineering Division Dana Kallevig and Debbie Cook, City Engineer 129 N 2nd Street Yakima, WA 98901 dana.kallevig@yakimawa.gov debbie.cook@yakimawa.gov Nob Hill Water Association Bob Irving, Engineering Technician 6111 Tieton Drive Yakima, WA 98908 bob@nobhillwater.org Office of Rural and Farm Worker Housing Marty Miller 1400 Summitview Ave, Ste# 203 Yakima, WA 98902 Martym2@orfh.org U.S. Army Corps of Engineers, Regulatory Branch Deborah Knaub, Project Manager P.O. Box 3755 Seattle, WA 98124-3755 Deborah.J.Knaub@usace.army.mil Wastewater Division Marc Cawley or Dana Kallevig 2220 East Viola Ave Yakima, WA 98901 marcx wle akirnawa.,:ov dana.kallevIR.vakirnawaxav West Valley School District Angela Watts, Asst, Supt. Of Business & Operations 8902 Zier Road Yakima, WA 98908-9299 wattsa@wvsd208.org WSDOT Paul Gonseth, Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 gonsetp@wsdot.gov WSDOT Rick Holmstrom, Development Services 2809 Rudkin Road Union Gap, WA 98903 holmstr@wsdotwa.gov WSDOT, Aviation Division Carter Timmerman 7702 Terminal St SW Tumwater, WA 98501 timmerc@wsdot.wa.gov Yakama Bureau of Indian Affairs Rocco Clark, Environmental Coordinator P.O. Box 632 Toppenish, WA 98948 Rocco.clark@bia.gov Yakama-Klickitat Fisheries Project John Marvin 760 Pence Road Yakima, WA 98909 jmarvin@yakama.com Yakima Air Terminal Robert Peterson, Airport Asst Manager 2400 West Washington Ave Yakima, WA 98903 robert.peterson@yakimawa.gov Yakima County Commissioners Commissioners.web@co.yakima.wa.us Yakima County Health District Ryan lbach, Director of Environmental Health 1210 Ahtanum Ridge Dr Ste#200 Union Gap, WA 98903 yhd@co.yakima.wa.us ryan.ibach@co.yakima.wa.us Yakima County Public Services Lynn Deitrick, Planning Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Lynn.Deitrick@co.yakima.wa.us Yakima County Public Services Vern Redifer, Public Services Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Vern.redifer@co.yakima.wa.us Yakima Greenway Foundation Al Brown, Executive Director 111 South 18th Street Yakima, WA 98901 al@yakimagreenway.org Yakima Regional Clean Air Agency Hasan Tahat, Engineering & Planning Supervisor 329 North 1st Street Yakima, WA 98901 hasan@yrcaa.org Yakima Valley Conference of Government Shawn Conrad and Joseph Calhoun, Plano 311 North 4th Street, Ste# 202 Yakima, WA 98901 conrads@yvcog.org calhounj@yvcog.org Yakima Valley Museum John A. Baule, Director 2105 Tieton Drive Yakima, WA 98902 john@yakimavalleymuseum.org Yakima Waste Systems Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr. Yakima, WA 98901 keithk@wasteconnections.corn Yakama Nation Environmental Management Program Cialita Keys, Environmental Review Coordinator P.O. Box 151 Toppenish, WA 98948 ckeysPvakama.com Century Link Manager 8 South 2nd AveRm#304 Yakima, WA 98902 Charter Communications Kevin Chilcote 10U5North 1fthAve Yakima, WA 98902 233 City of Union Gap David Spurlock, Development Director P.O.Box 3D88 Union Gap, WA 98903 Department of Agriculture Kelly McLain PD.Box 4ZS5O Olympia, WA 98504 Environmental Protection Agency NEPA Review Unit 1200 6th Ave. MS 623 Seattle, WA 98101 Federal Aviation Administration 2200 W. Washington Ave Yakima, WA 98903 Federal Aviation Administration, Seattle Airports District Office Cayla Morgan, Airport Planner 1601 Lind Ave SW Renton, WA 98055-4056 Governor's Office of Indian Affairs POBox 4O909 Olympia, WA 98504 Pacific Power Mike Paulson 500 North Keys Rd Yakima, WA 98901 SoiI Conservation District Ray Wondercheck 1606 Perry Street, Ste. F Yakima, WA 98902 Trolleys Paul Edmondson 313 North 3rd Street Yakima, WA 98901 United States Postal Service Jeff McKee 205 W Washington Ave Yakima, WA 98903 WA State Attorney Genel's Office 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 WA State Dept of Health, Office of Drinking Water Christine Collins 16201 E Indiana AveSte# 1500 Spokane Valley, vvA992z6 ¥akama Bureau of Indian Affairs Superintendent PO.Box 6JZ Toppenish, WA 98948 Yakama Indian Nation Johnson MeninickCultural Resources Program P.O. Box 151 Toppenish, WA 98948 Yakama Indian Nation Ruth Jim, Yakima Tribal Council P.O.Box lS1 Toppenish, WA 98948 Yakima School District Dr. Jack Irion, Superintendent 104 North 4th Ave Yakima, WA 98902 ( Yakima VaIIey Canal Co Robert Smoot 1640 Garretson Lane Yakima, WA 98908 Yakima-Tieton Irrigaon District Sandra Hull 470 Camp 4 Rd Yakima, WA 98908 Cascade Natural Gas 8l13VVGrondhdgeBlvd Kennewick, WA 99336 Ahtanum Irrigation District Beth Ann Brulotte, Executive Asistant 10705-B Gilbert Road Yakima, WA 98903 and FORMS \,m^REVIEWING AGENCIES _updated v6m.16'Form u*u=^ File Number: Date of Mailing: s6 / - 1L ziortc)03_// DOC. U����� .."=��.��� 234 InHouse Distribution E-mail List Carolyn Belles G e Joe Ca Suza e DeBusschere Dan Riddle Mike Shane Mark Soptich Jeff Cutter Mark Kunkler Archie Ma he Joan Davenport Chief Rizzi Scott Schafer Loretta Zammarchi Randy Layman Kevin Futrell James Dean Dana Kallevig For the Record/File Binder Copy Division Code Administration Code Administration Code Administration Code Administration Engineering Engineering Fire Dept Legal Dept Legal Dept ONDS Planning Police Department Public Works Dept Refuse Division Refuse Division Transit Division Wastewater Wastewater E-mail Address Carol n„Belles akimawa. ov Glenn.Dertman@yakimawagov Joe.CartiS0(Myakimawagov e.Debusseltere@yakiiitawa.gov DanMuldle(M„yakonawa,gov Mike Shalle(.Wyakinlawa gov Mark.Soptich@yakitnawagov Jeff.CutterMtwakirnawa.gov Mark.Kunkler ,yakimawagov Archie.Marthe akimawa.gov Joan.Davenport yakimawa,gov DorninieRizzi yakimawa,gov Srott.Settafer@y awagov Loretta ehi@wakimawa.gov dy.Layntatt@,va awa.gov KevrtM' Futrell@yakinmwa gov es.Dean@yakimawagov Dana.Kallevigayalcimawa.gov dv.Meloy@yakima .gov cviscd 05/2016 Type of Notice: No\ci cc E (f7 File Number(s): 5e -f R Ck. CHO tk- U:)( -(112 et -Pt UD (s_ S-( Date of Mailing. 3 /3/) tc DOC. INDEX 235 ����e�� ��������������� Maxey, Lisa Wednesday, August 03, 2016 12:40 PM BelIes, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; lbarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Layman, Randy; MatthewsArchie; MaxeyLisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Zammarchi, Loretta; Ahtanum Irrigation District Beth Ann Brulotte; Cawley, Marc; Chamber of Commerce; Department of Commerce (CTED) Review Team; Department of Ecology SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife Eric Bartrand; Department of Fish and Wildlife Scott Downes; Department of Natural Resources; Department of Social & Health Services Jeanne Rodriguez; Dept Archaeology & Historic Preservation SEPA Review; Desgrosellier, Bob; Energy Facility Site Evaluation Council Stephen Posner; Nob Hill Water Bob Irving; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; US Army Corps of Engineers - Deborah J Knaub; West Valley School District Angela Watts; WSDOT Carter Timmerman; WSDOT Paul Gonseth; WSDOT Rick Holmstrom; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Nation Environmental Management Program Cialita Keys; Yakama-Klickitat Fisheries John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Health District Ryan |bach; Yakima County Planning Director Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation Al Brown; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments Joseph Calhoun; Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum John A. Baule; Yakima Waste Systems Keith Kovalenko Martin, Trevor Notice ofApplication &SEPA Cottonwood Partners LLC SEPA#011-16, CAO#00116' PLP#00316fkPSP#0O3 16 NOTICE OF APPLICATION & SEPA - Cottonwood Partners LLC SEPA CAO PLP PS....pdf Attached is a Notice of Application and Environmental Review (SEPA) regarding the above -entitled project. If you have any questions about this proposal please contact assigned planner Trevor Martin at (509) 575-6162 or by email at . Thank you! Lisa M- ty Department Assistant 11 City of Yakima Planning Division 129 N 2nd Street Yakima, WA 98901 1 INDEX # COY OFYAM DATE: TO: FROM: SUBJECT: DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA NOTICE OF APPLICATION AND ENVIRONMENTAL REVIEW August 3, 2016 SEPA Reviewing Agencies, Applicant and Adjoining Property Owners Joan Davenport, AICP, Community Development Director & Planning Manager Notice of Application for a Preliminary Long Plat, Preliminary Short Plat, Critical Area Review, and State Environmental Policy Act Environmental Review for the establishment and construction of a single family and multifamily subdivision in the Single -Family (R-1) and Multi -Family (R-3) zoning district. NOTICE OF APPLICATION Location: Vicinity of S. 64th Ave. and Occidental Ave. Applicant: Cottonwood Partners LLC File Number(s): SEPA#011-16, CAO#001-16,PLP#003-16, PSP#003-16 Tax Parcel Number(s): 181205-13009, 181205-1101, and 181333-33038 Date of Application: April 22, 2016 Date of Determination of Completeness: June 13, 2016 PROJECT DESCRIPTION The City of Yakima Department of Community Development has received multiple applications from Huibregtse Louman Associates (applicant) on behalf of Cottonwood Partners (property owner) in the form of a SEPA Environmental Review, Critical Area Review, a Preliminary Long Plat to subdivide 8.27 acres into 35 single family lots in the Single -Family (R-1) zoning district and, a Preliminary Short Plat subdivide 40.39 acres into six multifamily parcels to accommodate 660 apartment units over five phases in the Multi - Family (R-3) zoning district. The entire project, as further defined within the attached State Environmental checklist, consists of the following: Construction Phasing Preliminary long Plat Phase One: Proposal to subdivide 8.27 acres into 35 single family lots in the Single -Family (R-1) zoning district. Construction Phasing Preliminary Short Plat Proposal for a six lot short plat and to construct 660 apartment units with approximately 1,029 parking spaces on approximately 40.39 acres in the Multi -Family zoning district over 5 phases of construction. Phase One: Construction of 126 dwelling units in six separate structures, and 192 parking spaces. Primary access will be through a 26 foot wide paved driveway which connects to Occidental Road. Secondary (emergency) access will be provided from Phase 1 to DOC. INDEX Yakima 2015 1994 236 Occidental Road at a point further east along the roadway. The secondary access is proposed to be constructed with an all-weather compacted 26 foot wide gravel roadway. The secondary access is to be used for emergency vehicles only and will not serve the public. Phase Two: Construction of 144 dwelling units in six separate structures, and 195 parking spaces. Primary access will be through a 26 foot wide paved driveway which connects to Occidental Road. Upon completion of Phase 2, the secondary (emergency) access described in Phase 1 will be replaced with a paved 26 foot wide driveway, which connects Phase 1 and Phase 2 to Occidental Road. Phase Three: Construction of 132 dwelling units in five separate structures, and 218 parking spaces. Primary Access will be through a 26 foot wide paved driveway which connects to Occidental Road. An internal access road will be constructed as part of Phase 3 connecting Phase 2 and 3 construction. Phase Four: Construction of 126 dwelling units in five separate structures, and 218 parking spaces. Primary Access will be through a 26 foot wide paved driveway which connects to Occidental road. An internal access road will be constructed as park of Phase 3 connecting to Phase 2 and 3 to improve traffic circulation. Phase Five: Construction of 132 dwelling units in six separate structures, and 226 parking spaces. Primary access will be through a 26 foot wide paved driveway which connects to Phase 3 and 4 to improve traffic circulation. NOTICE OF ENVIRONMENTAL REVIEW This is to notify agencies with jurisdiction and environmental expertise and the public that the City of Yakima, Planning Division, has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) under WAC § 197-11-926 for the review of this project. The City of Yakima has reviewed the proposed project for probable adverse environmental impacts and expects to issue a Mitigated Determination of Nonsignificance (MDNS), in accordance with WAC 197-11-340, for this project. The proposal may include mitigation measures under applicable codes and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. This may be your only opportunity to comment on the environmental impacts of the proposed project. Comment are due by 5:0 par. on August 23, 2016 Required Permits: the following local, state, and federal permits/approvals may or will be required for the proposed project: Building Permit, Water Permit, Waste Water Permit, Grading Permit, Demolition Permit, State of Washington Electrical Permit, Dust Control Plan (Yakima Clean Air Authority), Type 1 Review, Preliminary Long Plat, Preliminary Short Plat, Critical Area Review, and Transportation Concurrency. 2 237 Required Studies: Transportation Impact Study 238 Existing Environmental Documents: None Development Regulations For Project Mitigation and Consistency Include: the State Environmental Policy Act, the International Building Code, the Yakima Urban Area Zoning Ordinance, YMC Title 12, Development Standards, and the Yakima Urban Area Comprehensive Plan. Request for Written Comments: Agencies, tribes, and the public are encouraged to review and comment on the proposed project and its probable environmental impacts. Anyone may submit comments on this proposal to become a party of record. There is a 20 -day comment period for this review. This may be your only opportunity to comment. All written comments received by 5:00 p.m. on August 23, 2016, will be considered prior to issuing the final SEPA determination on this application. Please send written comments to: Joan Davenport, AICP, Planning Manager City of Yakima, Department of Community Development 129 North Second Street, Yakima, WA 98901 Please reference the applicant's name or file number(s) in your correspondence. (SEPA#011-16 — Cottonwood Partners) NOTICE OF PUBLIC HEARING The Preliminary Long Plat (PLP#003-16) requires that the Yakima Planning Commission hold an open record public hearing. The public hearing has not been scheduled at this time and a public hearing will be scheduled at a future date. All parties of record, SEPA Agencies, and residents within the applicable 300 buffer will receive a notice for a scheduled public hearing at a later date to be determined. NOTICE OF DECISION Decisions and future notices will be sent to anyone who submits comments on this application or requests additional notice. There will be a 20 -day SEPA appeal period effective upon the date of mailing. An individual decision for the Preliminary Short Plat (PSP#003-16) will be issued by the City of Yakima Zoning Administrator with a 14 -day appeal period. The Yakima Planning Commission will issue a recommendation to the Yakima City Council for the Preliminary Long Plat (PLP#003-16). A future notice will be sent by the City Clerk establishing the date of a City Council public hearing to consider the recommendation. The file containing the complete application for this proposal is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any questions on this proposal please call Trevor Martin, Associate Planner at (509) 575-6162 or email at: trevor.martin@yakimawa.gov. Enclosed: Narratives, Preliminary Long Plat, Preliminary Short Plat, Critical Area Review, SEPA Checklist, Site Plans, and Vicinity Maps DOC. INDEX 3 239 June 13, 2016 Cottonwood Partners POBox 833S Yakima, WA 98908 DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, ALCP, Director \29North Second Street, 2nd Floor, Yakima, WA 98901 msk.p{auoioA@yakiouavvm.gov^pnpw.yakinuax°u.goviserviceu6nlaoniug Subject: Determination of Completeness arid Requestfor Additional Information File Number: PLP#003-16; SEPA#011-16; PSP#003-16; CL1#028-16; and CAO#001-16 Site Address: Vicinity of Ave, Parcel: 1812OS'13U08,'11OO1,and181333'33O3D Proposal: Proposal to construct 660 apartment units in the multi -family (R-3) zoning districtover the course of five (5) phases of development (CL1#028-16), proposed six -lot short plat in the R-3 zoning district (PSP#003-16), and propose long plat that will subdivide approximately 8.27 acres into 35 single family lots in the Single Family (R-1) zoning district over the course of the (2) phases of development (PLP#003-16). DETERMINATION of COMPLETENESS Pursuant to Yakima Municipal Code Section 16.04.020the above described application has been reviewed by the Yakima Department of Community Development to determine if all elements of a complete application have been submitted. Based on the submitted information, Applications PLP#003- 16; SEPA#011-16; PSP#003-16; CL1#028-16; and CAO#001-16 for a proposal to construct single and multi -family housing in the R-1 and R-3 zoning districts is hereby deemed complete. Continued processing of your application will inciude the foliowing: 1. Vour application wiU continue to be processed. 2. A Development Services Team meeting will be held June 21, 2016 with City departments to determine compliance of the project. 3. A copy of your application, written narrative, preliminary site plan, and othepertinent information will be mailed to you and all property owners within 300 feet of the subject property. This notice provides opportunity for the public to submit comments on the proposal during a 20 -day comment period. 2015 nn DOC IN Da 240 REQUEST for ADDITIONAL INFORMATION Required Additional Information: The first review of the Development Services Team (DST) was held on June 7, 2016, for technical review of the project. As a result of the DST meeting: = Per Ch. 6 — 1. — Study Scope -ATransportation Impact Analysis should be required (in addition to a Trnuportation[oncurrencyAna|ysiy)fwronypnupmyedsitedeve|opment1hatcanbe reasonably expected to generate a minimum of 250 vehicle trip ends during a single day and/or more than 25 vehicle trip ends during a single hour. Your application will continue to be processedbut a Transportation Concurrency Analysis is required, forthe entire project,applications: PLP#003-16; SEPA#011-16PBP#003'16; CL1#028- 16; and CAO#001-16, before a final decision can be issued. A revised Transportation Concurrency Analysis application is required. DETERMINATION OF COMPLETE made this 13th day ofJune, 2016. For the City of Yakima: Trevor Martin Associate Planner Department of Community Development ¥ou may contact me at (509)57S-G1G2ortrevor.mardn@yakimname.gmvifyou have any questions regarding this matter. Trevor Martin Associate Planner 241 'oh ay... a awl,. pj (dhonF yikhoito May 24, 2016 DEPARTMEN1 OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, A tC,P, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakintawa.gov www.yakimawa.goviservices/planning Cottonwood Partners, LLC P.O. Box 8335 Yakima, WA 98908 Subject: Incomplete Application for City File Numbers: PLP#003-16, SEPA#010-16, PSP#003- 16, CL1#028-16 & SEPA#011-16 To whom it may concern: Your request applications for development of properties located in the vicinity of S. 64th Ave. & Ahtanum Rd. were received April 22, 2016. As of May 20, 2015, your applications are considered incomplete as WAC 197-11-060 (5) requires that proposals that are closely related shah be evaluated in one environmental document. Furthermore following DST Review of your application, the City of Yakima has found that subject properties are located within the FEMA floodplain requiring Critical Area Review, and you're Preliminary Short Plat and other development applications would therefore not be exempt from SEPA review. We ask that you please combine and revise your two SEPA checklist applications to include all proposed actions and applications, and submit a Critical Area Identification for all development within the 100 -year floodplain. The Critical Area Identification form may be found at the following web address: https://www.yakimawa.gov/services/planning/files/2012/11/Critical- Areas-ID-Application-Form-_08-2015.pdf. Upon receipt of the requested information, your application will continue being processed. If you have questions regarding this matter please feel to give me a call at (509) 575-6163. Sincerely, Jeff Peters Supervising Planner CC: Mike Heit DOC, iNDEX Yakima aftgErma 2015 1 I-1 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 EXHIBIT LIST CHAPTER_I Exhibits Submitted at the earing Memorandum of Cottonwood Partners 242 03/23/2017 I-2 asewater Collection System Master Plan Map and 03/23/2017 Information LPcr M ele y 1:1- �'. Len j t ,. ca- s. s ear 6aeadowbrook 0.3` tWtde Hollow 1 a i m N P � -- pc9 A� r • a 10 tier 10 12 12 ▪ f 15 '15 1$ i8 Nob HIN ++1 —r .WA -4h, € WA -4B :74i - wAd 10 10 10 10 *4 24 24 21 1 vra-ay 18 1g 12 " A Washington - Occidental j r; 12 10 es t(1 L 118 12 f 12 _ ▪ 1211 i WA37 i2 21 le! ■-.s► - s a A►ent05 sa• l 10 11 ' Far et 4. Mil L 1 ��.s W 2 is no iso 1 • r a • l ,.- r Z4 V-_ 1 kScGudougn 0 0.125 025 05 0.411•4 f -atria -Won Legend Proposed Facilities COP Improvement Nurntlsr Pipe Size Color Used for Segments - "Color Used Wr Segments Color Used for Segments Facilities To ado Abandoned Lits Stations Existing Feeiities * WW1? A Lm Stations --'-- Modeled Pipea Non -Modeled Pipes — Streets Highways C_ --h Yakima Cly Limits Urban Area -^---- Streams Rivera Lakes 1 T.u,w 4th Street and P Ate Sumer 75th Street and At. heed Chaimert street 5 Carnag Hifi 46th Avenue 5 take Aspen Aspen h SbneMdg 66th and Scenic 7 Siem rata., 56th andTleten 5 0 -Meat Kmart 9 lakeside 46th and FruAvale 10 Rudlln Paid 0 Jn:.,•1 Figure 7.7 - Detail C Capacity Improvements Wastewater Collection System Master Plan City of Yakima 244 • WA -26. Parallel the existing 30 -inch gravity sewer in the railroad ROW crossing the railroad tracks with a 36 -inch pipe and 60 -inch casing. The construction trigger for this improvement is estimated at 15,600 EDUs. WA -28, Parallel the existing 30 -inch gravity sewer in the railroad ROW from the railroad tracks northeast to Tennant Lane with a 36 -inch pipe. The construction trigger for this improvement is estimated at 15,600 EDUs. • ANA -29, Parallel the existing 30 -inch gravity sewer in Tennant Lane from l Street to Fair Avenue with a 36 -inch pipe. The construction trigger for this improvement is estimated at 15,600 EDUs. • WA -30, Parallel the existing 30 -inch gravity sewer in Fair Avenue from Tennant Lane to Viola Avenue with a 36 -inch pipe. The construction trigger for this improvement is estimated at 15,600 EDUs. • WA -31. Parallel the existing 36 -inch gravity sewer in Viola Avenue from Fair Avenue to 12th Avenue with a 36 -inch pipe. The construction trigger for this improvement is estimated at 15,600 EDUs. • WA -32. Parallel the existing 36 -inch gravity sewer in Viola Avenue from 12th Street to 86 feet west of 13th Street with a 42 -inch pipe. The construction trigger for this improvement is estimated at 15,600 EDUs. The West Valley Area is expected to include the largest amount of anticipated growth within the Yakima Urban Growth Area. Wastewater flows from these new developments will be conveyed through the Washington Avenue Trunk eastward to the Yakima Regional WWTP. Since the existing trunk system cannot accommodate flows from the West Valley UGA, a new parallel relief is recommended for this trunk. The proposed Washington Relief Trunk has the advantage of being constructed in phases, and offers the flexibility of either paralleling the existing Washington Trunk or to slightly divert from the existing alignment if construction constraints are discovered during the pre -design phase. The Washington Relief Trunk phasing includes improvements WA -3 through WA -32 and WA -49, which is a part of the Wide Hollow Trunk. The following is the suggested construction phasing, and is based on the construction triggers. 1 Improvements WA -3 through WA -10. This 1.5 mile stretch of sewer improvements is recommended at 5,200 EDU's, • P I 2 Improvements WA -18 through WA -23. This 1 mile stretch of sewer is recommended at 10,000 EDU's. Also the 18 -inch sewer line in Zier Road extension from 64"' Avenue to 40th Avenue becomes deficient at 10,000 EDU's, therefore improvement WA -49 is recommended to divert flow from this sewer line. October 2013 City of Yakima 7-23 Wastewater Collection System Master Plan DOC. INDa 245 •F ,e 3 Improvements WA -11 through WA -17. This 1 mile stretch of sewer is recommended at 13,200 EDU's. The phasing of the Washington Relief Trunk is graphically shown on ro.il)r 7 1 and the improvement details for each phase are listed on rd,j,' - 1. It should be noted that several pipe segments were also grouped based on upstream or downstream construction needs. 84th AvenuelAntanum Tnink • WA 33 Construct a new 12 -inch gravity sewer in Gilbert Road from Hackett Road to Wiley Road. The construction trigger for this improvement is development in the Wiley Area. WA 34 Construct a new 12 -inch gravity sewer in Wiley Road from Gilbert Road to Ahtanum Road. The construction trigger for this improvement is development in the Wiley Area. Construct a new 12 -inch gravity sewer in Ahtanum Road from Wiley Road to Ridgeway I 4 Improvements WA -24 through WA -32. This 1 miles stretch of sewer improvements is recommended at 15,600 EDU's. Road. The construction trigger for this improvement is development in the Wiley Area. • WA 36 Construct a new 15 -inch gravity sewer in Ahtanum Road from Ridgeway Road to 225 feet east of 90th Avenue. The construction trigger for this improvement is development in the Wiley Area. Serino Creek Trunk WA -37. Construct a new 12 -inch gravity sewer in Occidental Road Extension from 59th Avenue to 52nd Avenue. The construction trigger for this improvement is the development or septic conversion in this area. • WA -38 Construct a new 12 -inch gravity sewer in 52nd Avenue from Occidental Road Extension to Washington Avenue. The construction trigger for this improvement is the development or septic conversion in this area. FkAloky Trunk City of Yakima October 2013 7-24 Wastewater Collection System Mtn Empa 1 • WA 39 Construct a new 8 -inch gravity sewer in Summitview Road from 1,550 feet southeast of 112th Avenue to 102nd Avenue. The construction trigger for this improvement is development in the Wide Hollow Area. • WA -40 Construct a new 12 -inch gravity sewer in Summitview Road from 102nd Avenue to Pear Avenue. The construction trigger for this improvement is development in the Wide Hollow Area. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 246 CITY OF YAKIMA HEARING EXAMINER In Re: APPLICATION OF COTTONWOOD PARTNERS, LLC FOR PRELIMINARY LONG PLAT No. PLP#003-16 MEMORANDUM OF COTTONWOOD PARTNERS This memorandum is submitted by Cottonwood Partners, LLC with respect to its proposes subdivision of 8.27 acres of Single -Family (R-1) zoned property located in the vicinity of South 64th Avenue and Occidental Road, Yakima, Washington. (Assessor Parcel No. 181333- 33038).1 I. INTRODUCTION Cottonwood Partners, LLC ("Cottonwood Partners") submitted an application for a Preliminary Long Plat on April 22, 2016. The proposal is to subdivide 8.27 acres of Single - Family (R-1) zoned property into 35 single-family lots over the course of two phases. The;', current process deal only with the residential subdivision. A contemporaneous short plat application was filed to facilitate a multi -family development on adjacent property. Anderson Estates Preliminary Plat meets or exceeds all applicable development standards. Cottonwood Partners appreciates the work of Planning Staff and agrees with the 1 Cottonwood Partners submitted an application for Preliminary Long Plat on April 22, 2016. The application has been reviewed by Planning Staff with proposed Findings of Fact, Conclusions & Recommendation submitted to Yakima Hearing Examiner. It is the intent of this memorandum to outline issues with respect to the proposed findings and conclusions submitted to Hearing Examiner. MEMORANDUM OF COTTONWOOD PARTNERS - 1 Submitted: LAW OFFICES OF MEYER, FLUEGGE & TENNEY, P.S. 230 South Second Street • P.O. Box 22680 Yakima, WA 98907-2680 Telephone (509) 575-8500 j23/i liE Hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 247 proposed recommendation and conditions with two exceptions: (1) The rejection of a proposed lift station for wastewater delivery to the City of Yakima sewer main located on South 64th Avenue; and (2) requirement of 65 foot cul-de-sac turn around at the east end of Road "B". The gravity flow sewer connection is contrary to ordinance provisions and patently illegal. The extension is to be made to either the SOZO mainline or the South 52'd Avenue mainline. The extensions require acquisition of public right-of-way from private parties, is unreasonably expensive and unnecessary, and clearly contrary to applicable law. The proposed lift station complies with all design standards and is recognized as a permitted option under the municipal code. II. LAND USE APPLICATION Anderson Estates is a long plat proposal to subdivide 8.27 acres of Single -Family (R-1) zoned property into 35 residential lots over the course of two phases. Planning Staff reviewed the subdivision proposal in conjunction with a Preliminary Short Plat application requesting subdivision of two parcels of land approximating 40.39 acres into six lots ranging from 7.72 acres to 10 acres in size. The two projects border Occidental Road and development recommendations and decisions have been coordinated with respect to infrastructure and public facility improvements. The contemporaneous applications were processed through a combined Notice of Application and Environmental Review together with associated applications for Class 1 Review (CL1 #028-16), Critical Area Ordinance Review (CAO #001-16); and State Environmental Policy Act Review (SEPA #011-16). The proposals contemplate the potential development of properties adjacent to Occidental Road extending east from South 64th Avenue. The projects are consistent with Transportation Capacity Management Ordinance — YMC 12.08. A Traffic Impact Analysis (TIA) was prepared for the projects. The proposal is also consistent with all zoning and comprehensive plan provisions as well as applicable development regulations. The primary issue presented in this hearing relates to sewer connections to existing municipal sewer mainlines. City of Yakima has the 24 inch mainline immediately adjacent to the subject property on South 64th Avenue.2 The sewer mainline has available capacity and is 2 This is known as the Ahtanum Trunk Line and was constructed through a public-private partnership between City of Yakima and Apple Tree Development. The project was described as follows: MEMORANDUM OF COTTONWOOD PARTNERS -2 LAW OFFICES OF MEYER, FLUEGGE & TENNEY, P.S. 230 South Second Street P.O. Box 22680 Yakima, WA 98907-2680 Telephone (509) 575-8500 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 248 within 200 hundred feet of the proposed development. A portion of the property would draM to the South 64th Avenue line by gravity flow. Service for the eastern portion of the property would require installation of a lift station and force main to the South 64th Avenue mainline. Long term planning would advise that the property ultimately be serviced by gravity flow to the east and ultimate connection with future municipal mainlines. Those lines do not exist at this time and there is no right-of-way for extension and connection with existing lines. It is simply impossible to make connection with those lines at this time. And it is unreasonably expensive. A requirement to extend sewer over private property, acquire right-of-way and connect with easterly mainlines is the equivalent of denying the project. Cottonwood Partners has proposed a lift station and force main to collect and convey wastewater from both the residential subdivision and adjacent multi -family development to the South 64th Avenue mainline. Lift stations and force mains are authorized "...where they are consistent with the comprehensive sewer plan and are the preferable short-term solution to service of the development site and other properties in the vicinity." YMC 12.03.090. City of Yakima currently has ten (10) lift stations that deliver wastewater to existing mainlines. The lift stations and force main will be designed in accordance with all applicable standards including Criteria For Sewage Works Design — Water Quality Program Chapter C2 as issued by State of Washington, Department of Ecology. City of Yakima has stated that it "...does not accept the proposed design." It is Cottonwood Partners understanding that City of Yakima simply has determined that it will not accept any lift station or force main for the project. No legal authority or explanation has been provided with respect to design deficiencies. City of Yakima's requirement that wastewater service be by gravity flow to remote mainlines presents an impossible, unreasonable, expensive and unnecessary condition on the project proposal. The proposed lines are more than 5000 feet from the project site. The developer has no authority to acquire necessary right-of-way and extend lines. The costs of E The Ahtanum Trunk Line is a necessary wastewater collection component to provide City wastewater service to the Ahtanum Sub -Basin and has been identified in the Wastewater Utility Capital Facilities section of the City's Facilities Plan 1996-2001. The project was 'financed by public and private contributions as well as proceeds from the issuance of Water and Sewer Junior Revenue Bonds (Ahtanum). The project and funding was approved on September 5, 2000. The specific purpose of the line was to provide wastewater service to the "Ahtanum Basin", which included the subject property. ORANDUM OF COTTONWOOD PARTNERS -3 LAW OFFICES OF MEYER, FLUEGGE & TENNEY, P.S. 230 South Second Street P.O. Box 22680 Yakima, WA 98907-2680 Telephone (509) 575-8500 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 249 extension are nearly double the cost of the lift station. The entire cost of sewer service for areas between South 64th Avenue and South 52nd Avenue are being placed on this property owner. This exaction is in direct violation of applicable law. 111. EXCEPTIONS TO PROPOSED FINDINGS AND CONCLUSIONS Cottonwood Partners takes exception to the findings and conditions related to the lift station and cul-de-sac requirements for Road "B". The specific findings are Findings of Fact related to Public Infrastructure/Title 12 Development Standards (Findings 3.A.(c) and 3.B.(a)). Finding 3.A.(c). Road "B" shown on the preliminary plat meets the City of Yakima's Title 12 Development Standards, for right -way width, design, and installation of curb, gutter, sidewalk and street lighting. However, the terminus of the proposed road on the east and west ends of the proposed subdivision lack the necessary temporary 65 ft. diameter cul-de-sacs required by YMC § 12,06.050 and 12.06.060. Therefore, in accordance with the previous identified sections of the Yakima Municipal Code, the applicant will be required to install temporary cul-de-sacs on the east and west ends of road "B" and at the phase line of the preliminary plat, or submit a revised Preliminary Plat, which loops road "B" to connect with Occidental Rd. Finding 3.B.(a). There is presently a City of Yakima sewer main located within S. 64th Ave. with the existing capacity to serve the subject plat. However, due to topographical characteristics of the subject properties, not all buildings within the subject development can be served with gravity sewer. The applicant has submitted plans which identi.b, that the subject plats are to be served by an extension of the sanitary sewer as a public forced main running east within Occidental Rd. The City of Yakima does not accept the proposed design. Therefore, in accordance with YMC Ch. 12.03, the applicant shall submit revised wastewater plans for review and approval by the Wastewater Division Manager and City Engineer to serve the subject development with gravity sewer. Additionally, the approved public sewer shall be constructed, inspected, and approved by the City Engineer prior to approval of the final plat. Cottonwood Partners also takes exception to proposed "Conditions" 3 and 12. Those onditions are as follows: MEMORANDUM OF COTTONWOOD PARTNERS -4 LAW OFFICES OF i1EYER, FLUEGGE & TENNEY, P.S. 230 South Second Street • PD. Box 22680 Yakima, WA 98907-2680 Telephone (509) 575-8500 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 250 3. All lots shall be provided sewer service according to YMC Title 12 standards. Prior to final plat approval written verification from the City of Yakima Engineering Department must be provided to the Planning Division indicating that all sewer extensions have been completed and inspected or financially secured. *** 12. Road "B" shown on the preliminary plat shall meet the City of Yakima's Title 12 Development Standards, for right-of-way width, design, and installation of curb, gutter, sidewalk, and street lighting. Additionally, the terminus of the proposed road on the east and west ends of the proposed subdivision lack the necessary temporary 65 ft. diameter cul-de-sacs required by YMC Section 12.06.050 and 12.06.060. Therefore, in accordance with the previous identified sections of the Yakima Municipal Code, the applicant shall install temporary cul-de-sacs on the east and west ends of Road "B" and at the phase line of the preliminary plat, or submit a revised Preliminary Plat, which loops road "B" to connect with Occidental Rd. The proposed recommendations also include requirements for public utility easements (Condition 4), future utility easement widths (Condition 5), location of public utilities and public road right-of-way (Condition 7). To the extent that these conditions apply to gravity flow extensions of wastewater mainlines through offsite properties they are impossible, unreasonable, expensive and illegal. IV. ARGUMENT 4.1 Lift Station Is Authorized Alternative for Wastewater Service. Proposed lift station is compliant with applicable ordinance and regulatory requirements. A City of Yakima sewer main is presently located adjacent to the development on South 64th Avenue. The adjoining sewer line has sufficient size and capacity to serve the proposed developments. A portion of the property can be served by a gravity flow. Not all of the property, however, will gravity flow to the 64th Avenue sewer line. Cottonwood Partners have proposed a temporary lift station for the development. The design and request is consistent with applicable ordinance requirements. It is also consistent with design requirements for "Sewage Pump Stations" adopted by Department of Ecology. MEMORANDUM OF COTTONWOOD PARTNERS -5 LAW OFFICES OF MEYER, FLUEGGF, & TENNEY, P.S. 230 South Second Street • P.O. Box 22680 Yakima, WA 98907-2680 Telephone (509) 575-8500 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 251 City provides no basis for rejecting the proposed lift station. Lift stations are specifically contemplated and authorized by YMC 12.03.090 which provides: Sewer lines shall be designed for gravity flow operation. Lift stations and force mains (pressurized lines) shall be limited to those locations and circumstances where they are consistent with the comprehensive sewer plan and are the preferable short-term solution to service of the development site and other properties in the vicinity. The on-site wastewater lines will be designed to provide gravity flow to the east of the project site for ultimate connection to future municipal service lines. Those liens are not currently available and City does not possess right-of-way or easements for the lines. The short-term lift station will collect wastewater and deliver it to the sewer main line located on 64th Avenue. City of Yakima has taken a position that it is Cottonwood Partners responsibility to extend public sewer lines from either (1) SOZO sewer line or (2) from South 52nd Avenue and Washington Avenue. There is no existing right-of-way for such sewer extensions and City has placed responsibility on Cottonwood Partners to acquire right-of-way for the public lines. Cottonwood Partners has no effective mechanism for acquiring public right-of-way and the cost of such extensions is exorbitant. This requirement effectively denies the subdivision application. There is no authority to deny a subdivision application that proposes a lift station. City of Yakima has ten (10) lift stations in operations at similar types of locations. Yakima Municipal Code requires owners of newly constructed houses, buildings and properties to connect with adjacent public sewer lines provided that public sewer is within 200 feet of the property line. YMC 7.65.030. The South 64th Avenue sewer line is immediately adjacent to the property and located within 200 feet of the proposed development. The SOZO sewer line and South 52"d Avenue sewer line are located thousands of feet from the subject property. There is no authority to mandate connection to sewer lines at remote locations. 4.2 Anderson Estates Complies with Ordinance and Subdivision Requirements. A proposed subdivision shall be approved where "appropriate provisions" have been made for such items as streets and roads, potable water supplies, sanitary wastes, and other similar features. RCW 58.17.110(1). The statutory directive goes on to provide: If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use MEMORANDUM OF COTTONWOOD PARTNERS -6 LAW OFFICES OF MEYER, FLUEGGE & TENNEY, PS. 230 South Second Street P.O. Box 22680 Yakima, WA 98907-2680 Telephone (509) 575-8500 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 252 and interests will be served, then the legislative body shall approve the proposed subdivision and dedication. ... no dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. (Italics added). Anderson Estates complies with all applicable subdivision standards and makes "appropriate provision" for sanitary wastes. Approval of the proposed subdivision is mandatory under the statute. 4.3 Requirement for Gravity Flow Mainline Extension Violates Applicable Law and Constitutional Provisions. City of Yakima is placing the public burden of sewer line extension on this private property owner. The exaction is patently illegal and unconstitutional. The court in Manufactured Housing Communities of Washington v. State, 142 Wn.2d 347, 371 (2000) set forth the following well established principal: The Fifth Amendment's guarantee that private property shall not be taken for public use without just compensation was designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole. City of Yakima places the public burden of municipal sewer line extension on. Cottonwood Partners. That burden includes acquisition of public right-of-way and constructio of gravity flow sewer mainlines. This requirement is not mandated by a direct impact created b the proposed development. The court in Isla Verde Intern. Holdings, Inc., v. City of Camas, 146 Wn.2d 740, 766 (2002) set for the following well established principal related to subdivision development: However, while a municipality has authority to make appropriate provisions for the public health, safety and welfare, and to condition plat approval accordingly, it does not have authority to require a developer "to shoulder an economic burden, which in justice and fairness the public should rightfully bear." Weden v. San Juan County, 125 Wn.2d 678, 706, 958 P.2d 273 (1998) (quoting Orion Corp. v. State, 109 Wn.2d 621, 648-49, 747 P.2d 1062 (1087)). MEMORANDUM OF COTTONWOOD PARTNERS -7 LAW OFFICES OF MEYER, FLUECGE & TENNEY, P.S. 230 South Second Street • P.O. Box 22880 Yakima, WA 98907-2680 Telephone (509) 575-8500 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 253 A similar principle is set forth in Washington Const. art. I, §16 (amend. 9). A taking may take place through physical invasion and occupancy of land, enactment of an ordinance or regulation, or a quasi act such as denying or conditioning a development permit. Burton v. Clark County, 91 Wn. App. 505, 516 (1998). A development exaction may also violate substantive due process unless the exaction (1) is aimed at achieving a legitimate public purpose; (2) uses means that are reasonably necessary to achieve that purpose; and (3) is not undul oppressive on the land owner. Isla Verde Intern. Holdings, Inc., v. City of Camas, 99 Wn. App. 127, 135 (1999). The court in Isla Verde considered subdivision exactions for open space set asides and secondary off-site road access, with respect to the third prong of the substantive du process test, the court stated: As to the third factor in the substantive due process analysis, we consider the (a) nature of the harm to be avoided; (b) the availability and effectiveness of less drastic measures; and (c) the economic loss suffered by the property owner. Presbytery of Seattle, 114 Wn.2d at 331, 787 P.2d 907. Other nonexclusive factors that may be helpful in the balancing required under the third factor include the seriousness of the public problem, the extent to which the landowner's property contributes to the problem, the degree to which the regulation solves the problem, and the feasibility of less burdensome solutions. Id. The public purpose is to provide wastewater service to developments in a manner that i reasonably necessary to accomplish the purpose and is not unduly oppressive on the landowner, The requirement for sewer extension to SOZO or South 52nd Avenue is not reasonably necessar to achieve the public purpose. The lift station provides an available, effective and less drastic solution. The economic loss to Cottonwood Partners is extraordinary — its development i effectively denied. And they did not create or contribute to the problem of lack of right-of-way o absence of gravity flow sewer service. It should be remembered that RCW 64.40.020(1) states that "[o]wners of a property interest who have filed an application for a permit have an action fo damages to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, o exceed lawful authority." The imposition of a development condition which effectuates a project denial is actionable under the statute. Mission Springs Inc. v. City of Spokane, 134 Wn.2d 947 (1998) (holding City liable under both statutory and constitutional principles. EMORANDUM OF COTTONWOOD PARTNERS - 8 LAW OFFICES OF MEYER, FLUEGGE & TENNEY, PS. 230 South Second Street P.O. Box 22680 Yakima, WA 98907-2680 Telephone (509) 575-8500 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 254 RCW 58.17.110 specifically prohibits the "...provision of publi improvements..." that violate RCW 82,02.050 through 82.02.090. The statutory limitations appl to both monetary and nonmonetary exactions and specifically prohibits conditions o development unless exclusionary requirements are satisfied. The applicable exclusion is a follows: However, this section does not preclude dedications of land or easements within the proposed development or plat which the city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply. (Italics added). Cottonwood Partners is being required to acquire utility easements and rights-of- way which are to be dedicated for construction of gravity flow sewer mains. City of Yakima bears the burden to establish that such requirement is "...reasonably necessary as a direct result of the proposed development or plat." There is no direct relationship because a permissible and viable alternative exists for wastewater and sewer service to the plat. 4.4 Cul-de-sac Designs Should Be Compliant With International Fire Code Requirements. The second development condition that is of concern to Cottonwood Partners is th requirement that a 65 -foot cul-de-sac be constructed at the end of Road "B". The east end o Road "B" is approximately 109.71 feet in length. The road has been designed for long-term extension to adjacent properties. The issue is whether a temporary cul-de-sac is required at this location. City's requirement is based on YCC 12.06.050 which applies to permanent cul-de-sa streets. a The applicable standard for the temporary turnaround should be the International Fire Code provisions for Fire Apparatus Access Roads. For access roads with a fire hydrant, IFCD 103.1 -Table D 103.4 provides that no turnaround is required for a road segment between zero and 150 feet. If the road segment is between 151 and 500 feet, there are a number o turnaround options which include a 120 -foot Hammerhead. Since the road segment is 109.71 feet, Cottonwood Partners proposes that there be no turnaround constructed for the east end o Road "B". MEMORANDUM OF COTTONWOOD PARTNERS -9 LAW OFFICES OF MEYER, FLUEGGE & TENNEY, P.S. 230 South Second Street • P.O. Box 22680 Yakima, WA 98907-2680 Telephone (509) 575-8500 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 255 CONCLUSION We would request that Hearing Examiner recommend approval of the subdivision, adopt proposed finding and conclusions with the exception of (1) authorizing construction of a lift station for use until gravity flow connections are made to lines to the east; and (2) removing the turnaround requirement for the east end of Road "B". Dated this 23rd day of March 2017. MEYER, FLUEGGE & TENNEY, P.S. Attorneys for Plaintiff ody W U: ebbieGCottonwood Partners\Anderson Park Subdivision\Memorandum,doc E ORANDUM OF COTTONWOOD PARTNERS - 10 LAW OFFICES OF MEYER, FLUEGGE & TENNEY, PS. 230 South Second Street P.O. Box 22680 Yaldma, WA 98907-2680 Telephone (509) 575-8500 256 COTTONWOOD PARTNERS LLC - "ANDERSON ESTATES" PLP#003-16, SEPA#011-16 (SEPA#003-17 Addendum), & CAO#001-16 EXHIBIT LIST CHAPTER J Supplemental Information J4 Agreement Regarding Anderson Estates Temporary Lift Station 05/11/2017 257 AGREEMENT REGA' ING ANDERSON ESTATES TEMPO RY LIFT STATION 1) Cottonwood shall have option of providing public wastewater facility connection through either (1) connecting by gravity flow to municipal sewer lines, or (b) constructing a temporary lift station to service the 35 lot subdivision and adjacent apartment buildings. The option must be selected, the design must be approved (see Section 3), and the facilities must be installed prior to final plat approval. 2) Cottonwood shall design and construct at its sole cost and expense the temporary lift station and install all necessary piping associated with the temporary lift station to service the 35 lot subdivision and, if necessary, the adjacent apartment buildings. Cottonwood shall execute and deliver all documents reasonable or necessary for transfer of ownership of the lift station and lines to the City. 3) The temporary lift station shall be designed pursuant to state requirements and as approved by the City Engineer and Wastewater Manager. The design must accommodate any potential future connections to the temporary lift station. 4) Cottonwood shall install piping for full gravity sewer service of the entire development as necessary for future connection to a gravity line that may eventually be extended to the eastern boundary of Cottonwood property and development. The size and location of that pipe shall be approved by the City Engineer. 5) Cottonwood agrees that the wastewater connection fees for the 35 lot subdivision and, if necessary, the adjacent apartment buildings, shall be paid in accordance with Section 7.58 of the City of Yakima Municipal Code. 6) Cottonwood shall pay the City the sum of $24,652.58 which is the proportionate cost decommissioning the temporary lift station and connecting the gravity portion of the sewer improvements to the City's gravity sewer system. This amount may be paid in five (5) equal yearly installments, the first of which is due as a condition to and at time of acceptance of the lift station by the City. Yearly installments shall be made on that same day for the following four years. Installment amounts must be, at a minimum, $4,930.52 per year. City shall determine the time for termination of temporary lift station use and connection to gravity system. If the temporary lift station use is terminated before the end of the five year payment term, Cottonwood shall pay the remaining balance due and owing to the City within thirty (30) days of notice of termination. 7) The temporary lift station shall be a public temporary lift station owned, operated and maintained by the City of Yakima and the City will assure Ecology that the temporary lift station is in compliance with the City's public sewer plan. DOC. INDex 258 8) Cottonwood shall provide stub outs for the connection of adjacent parcels identified by the City Engineer and Wastewater Manager. 9) This Agreement shall be attached to the Hearing Examiner's Opinion and fully incorporated therein and become part of the development requirements of the property. U:\DebbieG\Apple Tree Development\Phase 4 \Altemantive - AGREEMENT REGARDING ANDERSON ESTATES.redline.docx