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Home My WebLink About02-26-14 YPC PacketFO THE "03 31 U " Y i * IIL,'L IA N ' , EII'lI i li .?l ' ' RE 1 f FI LE c'N'"vkpla'd'l'k'EM M,'„(a'yaI,ill Ia 'a .Xlw1, 0 hU)":X/1�']IniI rcM')aAum➢u I IIrin'&',''� City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday February 26, 2014 6:00 p.m. - 8:00 p.m. YPC Members: Chairman Dave Fonfara, Vice -Chair Scott Clark, Al Rose, Ben Shoval, Paul Stelzer, Bill Cook Ci Planning Staff: Steve Osguthorpe, Community Development Director/Planning Manager; Jeff Peters, Supervising Planner; Chris Wilson, Assistant Planner; and Rosalinda Ibarra, Administrative Assistant Agenda I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. Public Hearing - Preliminary Plat of Apple Tree Development Phase 3B Applicant: Apple Tree Development LLC File Number: PLP#003-13, SEPA#025-13 Site Address: Vicinity of Coolidge Road & S 88th Avenue Request: Subdivide 5.9 acres of Single -Family (R-1) zoned property into 22 single- family lots and environmental review. VI. Opening of the 2014 Comprehensive Plan Amendment Process VII. Public Hearing - Text Amendments to YMC Ch 15.08 Signs -Billboards Applicant: City of Yakima Planning Division File Number: TXT#005-13, SEPA#002-14 Site Address: Citywide Request: Text amendments to the Yakima Urban Area Zoning Ordinance Chapter 15.08, adopting development regulations for billboards within the City of Yakima. VIII. Other Business IX. Adjourn yakhVi p t°qtr^M'M M%Mm�M'.nf�mlf Visit ".a kjIll akvd,a v�rra. X, l ,�w;Bl1h1Nl'Y,g under Quick Links for additional information. CITY OF YAr-,IMA YAKIMA PLANNING COMMISSION STUDY SESSION City Hall Council Chambers SIGN -IN SHEET HEARING DATE: Wednesday February 26, 2014 Mark X on item of interest Apple Tree Billboard Phase 3B Hearing NAME ADDRESSI ZIP CODE E-MAIL ADDRESS s Tr L, kip 'A- if 1 _571 C [ ,iib 6 2,,e 0P -7`(C; ' � `C�� \� \�, ��°` Cir ��,� G1�� o \ C �� v.�l��- �� . Yakima Planning Commission Sign -In Sheet — 02/26/2014 ZONING TEXT AMENDMENT SECTION1 TXT#005-13,..I Yakima Planning Commission FebruaryOpen Record Public Ulearing 6, 2014 Applicant: City of Yakima Planning Division File Numbers: TXT#005-13, SEPA#002-14 Site Address: Citywide Staff Contact: Steve Osguthorpe, AICP Planning Manager/Community Development Director CHAPTER A Staff Report CHAPTER B Findings of Fact, Conclusions of Law, and Recommendation CHAPTER C Draft Ordinance CHAPTER D Memorandum to Planning Commission ZONING TEXT AMENDMENT — SECTION 15.08 SIGNS TXT#005-13, SEPA#002-14 EXHIBIT LIST CHAPTER A Staff Report to YPC s � it A-1 Attachment 3 — Excerpts from Epic Outdoor Advertising Billboard Inventor, ........... ._... A-2 Attachment 2 — Spreadsheet of Billboard and Digital Sign Regulations in Washin ton State .. _.. A-3 Attachment 1— Yakima Billboard Moratorium Report to City 09/11/2013 Council A-4 Staff Report to Yakima Planning Commission 02/26/2014 ........................ _._. ............�.................................................... _........... _..... _. ..... ......_._.. _ __------- ............ ._............................................................... li Ili ',YDI +I N,,:r TO: Planning Commission FROM: Steve Osguthorpe, A1CP, Community Development Director SUBJECT: Billboards & Digital Signs — Public Hearing Date: February 26, 2014 Summary of Proposal: A draft ordinance regulating billboards is being presented for public hearing before the Planning Commission. The ordinance provides a specific definition of "billboard" and for other terms associated with billboards (b) allows existing billboards to be retained as legal non -conforming structures, and (c) prohibits installation of any additional billboards. To ensure consistency in code language and purpose, and to avoid legal challenges associated with code purpose, the ordinance maintains current allowances for off -premise directional signs for businesses, but prohibits off -premise advertising signs that may be similar to billboards except for associated contracts and advertising fees. r Background Information: On April 2, 2013, the Yakima City Council enacted a moratorium on all off -premise signs 72 square feet or larger. These larger off -premise signs represent the common billboard which provides advertising space for a fee to the sign owner. The moratorium was primarily intended to address concerns over billboard aesthetics, but it was also intended to address concerns over the rapid transition to digital technologies and the city's lack of standards to regulate digital signs. Digital billboards create concerns that are more than aesthetic; they create concerns for driver safety because they use intense illumination, rapid motion and creative animation intended to capture driver attention. Because these types of impacts are not limited to just digital billboards, the moratorium was applied to any digital sign similarly sized to billboards (72 square feet or larger), whether it be an off -premise billboard, or an on -premise business sign. Six months after the moratorium was adopted, the Council heard testimony fi-om representatives of the billboard industry, who claimed that billboards were not the problem in the city and that city staff had confused billboards with on -premise signs. They stated that it was the on -premise signs, particularly smaller on -premise digital signs that the city should be concerned about. The Council therefore did two things: it extended the original moratorium on the larger signs an additional six months, and �'llor-rr rt l'%< < /o/If adopted an additional moratorium pertaining to smaller on -premise digital signs. The effect of both moratoriums is that the city is not accepting applications for billboards 72 square feet or larger, or for digital signs of any size. The moratoriums are scheduled to expire April 1, 2014. However, on February 18, 2014, the Council reconsidered it's decision on the digital sign moratorium and determined that it would be better to address on -premise signs more holistically and develop a more comprehensive sign code for the north first street area. The Council therefore rescinded it's direction on digital signs so that the Commission and Council can focus fully on the billboard issue. Billboard Inventory: During the period of the original moratorium, city staff inventoried all billboards within the City of Yakima. The inventory revealed the following: Total Number of billboards: 71 Total Billboard faces: 119 Total billboard Ads: 161 Percent of ads for businesses located in the City: 25% Percent of ads pertaining to alcohol and gambling: 25% Additional Staff Research: During the period of the moratoriums, staff conducted research on both billboards and digital signs. Based upon that research, staff provided an initial report to the City Council dated September 9, 2013 (Attachment 1). The report included: a A comparison of billboard policies amongst many cities in eastern and western Washington. • A summary of Yakima's billboard inventory • Findings on aesthetics and public opinion • Examples of economic impacts of billboards • An overview of the American Highway Beautification Act • Industry lobbyist's focus on state legislatures, including Washington • An analysis of driver safety • Specific considerations for Yakima • Options for consideration Since development of that initial report, staff conducted a more comprehensive review of regulations in 50 cities in Washington State pertaining to both billboards and digital signs. The review included 31 cities in Western Washington, and 16 cities in Eastern Washington. That additional research is shown in the Attachment 2 spreadsheet of Billboard and Digital Sign Regulations in Washington State (discussed below). It was DOC. INDEX2 .mow suggested by billboard industry representatives that the spreadsheet represents only those cities that reflected results that staff wanted and that it does not represent the policies of Eastern Washington. Staff made every effort to include those cities that commonly come to mind for both Eastern and Western Washington and welcomes suggestions for inclusion of cities that may have been overlooked. Differentiating Billboards from On -Premise Signs During both Council and Commission level public input, it was suggested that staff had confused billboards with on -premise signs and therefore included on -premise signs in the billboard inventory. Staff was careful to include in the billboard inventory only those signs that sold or leased advertising space to off -premise businesses or organizations. Most of these signs were labeled with Lainar, Metro, Clear Channel and CBS placards. If a sign was as large as the typical billboard but used to advertize a business on the site of the sign, it was considered on -premise signage and not included in the billboard inventory. Staff understands and appreciates the difference in purpose between billboards and on - premise signage. The purpose of on-site signage is to identify the business or services available at the site on which the sign is located. On -premise signage is an essential and crucial component of local business. Billboards are different from on -premise signs in that billboards do not promote products or services available at the site on which they are located. Their primary purpose is to generate revenue by selling adverting space to off- site businesses, corporations, organizations and other entities. While billboards do advertize some local businesses, the majority of entities that advertize on Yakima's billboards are located out of the city, out of the region and even out of the state or country. (For example, billboards in Yakima included companies based in Oregon, Virginia, and Canada). Moreover, the revenue generated by billboard ads likewise goes primarily to non -local corporations that own the billboards. Specifically, the revenue from billboards in Washington and/or Yakima go primarily to Clear Channel, based in San Antonio, Texas; Lamar Advertising, based in Baton Rouge Louisiana; CBS Outdoor Advertising, based in New York, New York; Metro Outdoor, based in Scottsdale Arizona. Staff acknowledges that some revenue may go to local individuals that maintain the signs and/or change sign messages. However, staff also notes that maintenance has been sporadic on existing static billboards, and the newer digital billboards are designed to minimize local labor costs by being remotely programmable. Planning Commission Considerations: Prior to its more focused discussion, the Planning Commission held an open house meeting to allow individuals to provide input on the topic of billboards and digital signs. Following the open house, the Commission held 5 study sessions, one of which included watching a webinar on the digital signs and billboards. The webinar included "Digital Signs and Billboards, Crafting and Enforcing Local Regulations", Staff i°d Webinars, (2013) INDEX 3 constitutional law attorneys who spoke on the city's legal parameters to regulate signs, and also technical advisors on safety and traffic impacts associated with digital signs. One study session also included an actual demonstration of a digital sign in the City Hall parking lot to better understand its illumination and animation capacities. Throughout each session, the Commission received input from the public, which included representatives from the Outdoor Advertising Association of American (OAAA), the International Sign Association (ISA) and general citizenry including citizens and business owners in Yakima and representatives from Keep Washington Beautiful. The attached ordinance reflects the Commission's consideration of public input received and also staff research on this topic. Staff Research & Findings: The following represents the staff findings for billboards — both static and digital - and provides support for the attached ordinance: 1. Costs to Local Government: Billboards have been found to produce adverse impacts and costs at the local level, which are summarized as follows: i. Deduced Pronerty Values: Staff finds that there is reasonable and compelling evidence that billboards reduce property values. A 2011 Philadelphia study by Jonathan Snyder found that properties located within 500 feet of a billboard have a decreased real estate value of $30,826. Homes located further than 500 feet but within a census tract/corninunity where billboards are present experience a decrease of $947 for every billboard in that census tract2. The industry has responded to the Snyder study with two separate studies conducted by Econsult Corporation. While the Econsult studies provided an interesting approach to the topic, staff found that they did not provide compelling reason to discount the Snyder study or otherwise conclude that billboards do not adversely affect values of property near billboards. Staff's response to the Econsult studies is provided in its February 18, 2014 memorandum to the Planning Commission - Staff Response to Industry Information (attached separately). ii. Negative Socio-economic Indicator . The above -referenced Snyder study focused also on 20 major US cities, including those with non -strict billboard controls, and those with strict billboard controls, finding that (1) The median income for strict control cities is higher than that for not -strict cities; (2) The mean poverty rate for cities with stricter sign control is lower than for cities without strict sign controls; and (3) The mean home vacancy rate is lower for strict sign control cities.3 2 Jonathan Snyder, Beyond Aesthetics: How Billboards Affect Economic Prosperity, December 2011, Funded by the Samuel S. Fels Fund. Ibid. DOC. The presence of billboards is often an indicator of, or associated with, neighborhood instability, and that may reflect on Yakima, where over 90% of existing billboards are located in neighborhoods east of 16`1' Avenue. iii. No Tax Revenue to Local Government. In Washington State, billboards are considered personal property for tax purposes, so placing a billboard on property is no different than parking a car or other personal item on a piece of property. Like other fonns of personal property, billboards generate no revenue to local coffers except as they promote local tax paying businesses. In Yakima, only 25% of billboard ads are for local tax -paying businesses, and only 12% of those are retail oriented. Under WAC 458-20-204, billboards are considered "outdoor advertising", which is subject to B & U taxes on the gross income from the advertising services, but none of that revenue comes back to the local jurisdiction. Moreover, advertisers are not required to collect retail sales tax, except for any actual product purchased locally to manufacture the sign. Most sign components are manufactured elsewhere. iv. Minimal Return to local Economy. Unlike on -premise signage that identifies a local business, only 25% of billboard ads in Yakima at the time of the billboard inventory promoted businesses located within city limits. The balance of ad content included: a. 27% of ads for non -local corporations, such as Anheuser Busch, Budweiser, MillerCoors, McDonald's, Verizon, etc. b. 25% of ads dedicated to alcohol and/or gambling. Most gambling ads were for casinos in Toppenish. (Toppenish bans billboards in its own community). c. The balance of ads were public awareness ads, likely provided pro bono by the industry to fill billboards for which there was no demand for paying advertisers. A study put out by Econsult using input-output economic modeling suggests that billboards provide major benefits to the economy of Philadelphia. However, there is no evidence that the industry provides proportional levels of money or jobs to Yakima's economy as it suggests are provided to Philadelphia's economy. Moreover, staff found that Econsult did not show how its conclusions were derived nor reveal the actual data used in its modeling. Staff's evaluation of that report is included in its February 18, 2014 memorandum to the Planning Commission - Staff Response to Industry Information (separately attached). V_ Increased Rises of 1 itigq!.Jon. The likelihood of litigation against the city increases in relation to both the number of billboards within a city and the city's efforts to regulate billboards or to develop around existing billboards. The industry has filed lawsuits against the city of Seattle in 1980, 1997, and 2002, and against the City of Tacoma in 1997, 2007, and 2011. Lawsuits were largely based upon efforts to remove existing billboards and efforts to DOC. WDEX 5 - If, W."Lm� ban digital billboards. Outside of Washington State, an example comes from Los Angeles, where CBS Outdoor sued the city for 2.3 million dollars over the loss of two billboards on a building demolished twelve years prior to snake way for the Hollywood & Highland entertainment and shopping complex. Another example comes from Rapid City, SD where Lamar filed suit in federal court seeking a little over $10 million in compensation for its losses because of the city's new codes. Epic Outdoor similarly filed suit against Rapid City for the same code provisions. A final example comes from Salt Lake City, where Reagan Sign Company filed a 1 million dollar lawsuit against the city claiming that the parking lot lights of a new hotel blocked visibility of one of Reagan's billboards. That comes even after the City required the relocation of the hotels sign to avoid blocking the billboard. vi. R cluired Compensation to Indust ~ . Any billboard that may require removal to make way for new development can cost a city millions of dollars. A recent example comes from the City of Minneapolis, where the Minnesota DOT required removal of a digital billboard to facilitate a planned bridge project over the Mississippi River into St. Paul. The cost to have the billboard removed was 4.3 million dollars including the value of the structure, even though the same billboard structure was simply relocated to a site a short distance away. (See Exhibit `B" invoice documenting this cost in separately attached memorandum) The industry charged not only the value of the billboard structure, but also projected lost revenue. Other costs to Minnesota included the cost of 3 million dollars to remove 4 conventional billboards ($750,000 each), for a total of $7.321 million dollars paid to Clear Channel from Minnesota's highway construction budget. These billboards were along State highways, but the same situation could affect road projects at the local level. vii. Inhibition on City Renewal Projects. A number of communities have attempted to enhance local street and highway corridors through plantings of trees and vegetation. These efforts have often been undermined by both legal and illegal acts of vegetation removal to make existing billboards more visible. An example of this comes from Florida. In an effort to beautify a stretch of State Route 84, sabal palm trees were planted along the swales and median. This upset Clear Channel Communications Inc. which filed a complaint with the Florida Department of Transportation, stating that the organization that planted the trees would have to move 18 of the trees or see them destroyed. The trees were removed. Other examples are provided in staff's February 18, 2014 memorandum to the Planning Commission - Staff Response to Industry Information (separately attached)) 2. Billboard Regulations in Washington State With revenues to local government low and potential costs high, 91 percent of Washington cities surveyed have chosen to ban installation of additional billboards DOC. INDEX 6 within their jurisdictions. The cities surveyed are included in the attached spreadsheet (see Attachment ?), which includes 16 eastern Washington cities, and 31 western Washington cities. Regulatory approaches included outright bans on new billboards, outright bans on any form of off premise signs, and allowance for new billboards only in exchange for removal of existing billboards. A few cities that yet allow some form of billboards have so restricted their size and location as to effectively ban then, such as Wenatchee, which limits billboards to 60 square feet at 30 feet tall, or 100 square feet at 8 feet tall. The only cities in the survey that still effectively allow billboards are Ellensburg, Grandview, Port Angels and Yakima. Among those cities, Grandview is the least restrictive (relying solely upon compliance with the building code) followed by Yakima that is less restrictive than Ellensburg and Port Angeles in terms of the permitting process, allowed locations, and spacing between billboards (Yakirna's spacing is 500 feet minimum compared to a 1,000 foot minimum in Ellensburg and Port Angeles). Billboard bans are currently supported by State level bans on digital signs along State 1 highways and scenic byways. However, in response to local prohibitions, the billboard industry is focusing on the State legislature to lift the State ban so it can focus its efforts on local government. Legislation to this effect was introduced in both 2012 and 2013 under HB 1408 & SB 5304. The proposal failed in both years, but the same bills have been introduced this year, with no opportunity for public comment. If the legislation passes, it will remove the State's shield of protection, leaving local governments that choose to regulate or ban billboards along state highways vulnerable to industry law suits. This should alarm local government because the propensity for lawsuits is high as evidenced by industry suits against Seattle, Tacoma, Los Angeles, Salt Lake City, and other jurisdictions choosing to limit billboards. The cost of fighting such litigation is beyond most cities' ability to pay and most simply give in. Most of these lawsuits were the result of trying to remove, regulate or develop around existing billboards. 1 3. Potential for Billboard Proliferation. As stated above. Yakima's spacing allowances for billboards is less restrictive than all but one of the cities surveyed. When staff presented a map of Yakima's 500 - foot spacing allowance at the December 1 1 workshop, it was asserted by those in the industry that such spacing could not occur because they couldn't sell enough ads to justify that amount of signage. An example from Rapid City South Dakota demonstrates how this has occurred in other locations. With a population of approximately 70,000 (one third smaller than Yakima), Rapid City has 400 billboards throughout the city, and significantly more in the surrounding area. One industry alone has 204 signs in the area and many of these are clustered in short segments of highways. (See attached excerpts from Epic. Outdoor Advertising's billboard inventory — Atlachm.ent .3). For example, along 1-90 at milepost: 50, Epic has documented 12 signs within that one mile stretch. It should be noted that minimally spaced billboards have already been installed along the western side of No. lir Street in Yakima. It was suggested that this could not occur on the east side of No. I" because of existing structures. That itself is not a limiting factor. Sign structures take only a few square feet of land and they are designed to conform to any needed configuration, including off -set faces and dogleg posts that allow projection over roof tops and maneuvering in tight spaces. (See additional information in Staff Response to Industry Infbr enation.) 4. Derelict Conditions of Yakima's Billboards. There are growing numbers of billboards in Yakima that are derelict and intermittently abandoned. This is particularly evident on North Int Street, where a number of high profile billboards characterize this entry corridor with tattered canvas and multiple layers of old peeling copy. These remain in this condition for extended periods of time until new copy is installed on an inexpensive thin canvas that is usually torn apart with the next major windstorm. They then hang in shreds that get wrapped around the sign structure or abutting fences and structures. These are typically public service or crime stopper ads that are likely installed pro bono as an interim means of using the sign structures. This problem was brought to the attention of CBS Outdoor Representative Rob LaGrone during a PowerPoint presentation to the Council back in October 2013. Mr. LaGrone stated that the industry has representatives that regularly visit the area to correct such conditions, and he then had the problems identified in the October presentation corrected. However, in a short period of time, the signs went back to their tattered condition, leaving the City with the burden of having to chase these down as an enforcement action. This then becomes one more challenge in the city's efforts to clean up North I" Street. The signs create the appearance that neither the city nor property owners in this location care about the conditions of this corridor, and other problems related to this area such as prostitution and drugs continue. This is the classic "broken windows" syndrome identified by Commission -member Bill Cook during a recent Planning Commission discussion of this topic. The broken windows theory is a criminological theory of the DOC. IND" norm -setting and signaling effect of urban disorder and vandalism on additional crime and anti -social behavior. The theory states that maintaining and monitoring urban environments in a well -ordered condition may stop further vandalism and escalation into more serious crime. (Staff notes that some of these signs were recently changed out just prior to this scheduled public hearing.) 5. Visual and Safety Impacts of digital Signs There are two related aspects of concern regarding digital billboards. One is the nuisance factor associated with excessively bright, glaring, flashing and/or erratic light conditions. Many people find these annoying, particularly when they are constantly exposed to their effects from either their home or place of work. The other is the safety factor resulting from these nuisance factors. One of the attractions to digital billboards is their attention -getting qualities, both in the way they illuminate and animate, and also in the way they present their messages. For example, they often entice continued gaze by leaving readers to anticipate what the next message or next line of a message will be. It is these qualities that have caused significant debate over the safety aspect of digital signs generally, if they are designed to capture and keep driver attention, is that enough of a distraction to cause accidents. A number of studies are concluding that digital signs do cause accidents, including a study out of Sweden that prompted the Swedish government to have all digital signs removed. A more full discussion of the safety aspect of digital billboards was included in staff's September 9, 2013 report to the City Council. (Attachment 1) Staff Recommendation;. Based upon the above described research, public input, planning commission deliberation and staff findings, staff concludes that billboards can have adverse impacts on local economies, redevelopment efforts and the health safety and welfare of the general public. Staff further concludes that the proposed ordinances will provide the needed regulation to address these impacts. Staff recommends that the Planning Commission conduct the public hearing and forward to the City Council a recommendation to adopt the proposed ordinance. 9 Attachment Yakima Billboard Moratorium First Deport to Yakima City Council September 9, 2013 Background: On April 1 2013, the City of Yakima imposed a moratorium on the installation of any new off -premise signs and any digital signs 72 square feet or larger. This has more cominonly been referred to as a billboard moratorium because it was the common billboard - digitized or otherwise - that the moratorium was intended to address. The moratorium was the result of a discussion city staff had with the Council over Yakima's built environment. Staff shared with Council a PowerPoint presentation on both the positive aspects of Yakima's built environment and the areas where the City has experience significant decline in both the visual and socio-economic quality of its commercial districts and neighborhoods. The presentation identified those features that contributed to the visual disarray and negative images of the City's major entry corridors, including Nob Hill Boulevard and North First Street. Billboards were cited as one of the more visually obtrusive features in these areas that could severely hamper the City's ability to revitalize neighborhoods. And based upon the content of billboard ads, it was noted that they provided questionable benefit to the City of Yakima. Many were found to promote products or services that conveyed a negative image of the City, such as criminal wanted postings, "jail sucks" bail bonding services. and alcohol products at city entrances and in low income neighborhoods. Others were found to advertize services not located in the city of Yakima. such as a casino in Toppenish. a business in Ellensburg, and a ski resort in Canada. Finally, it was shown that the physical condition of the billboards were often tattered and run down, contributing to a blighted image of Yakima's highly visual entry corridors. The purpose of this report therefore is to provide additional information to the Yakima City Council that will serve as a basis For further discussion and policy development on this topic. Specifically, this report: a. Provides an inventory of existing billboards in Yakima, including their location and the content of their ads in terms local or non -local promotions. b. Describes the debate over billboard effects on economic development and revitalization efforts. c. Provides information on the affect of billboards on property values and local economies. d. Addresses the issue of traffic safety as it relates to billboards. e. Provides information on how other jurisdictions both regionally and nationally have chosen to regulate billboards. f. Describes how the billboard industry has affected policy on this topic at the local, state and national level. and the tactics the City of Yakima can expect the industry to take to affect any changes in local regulations of billboards. [Due to its length this report and the fact that it was previously distributed, the full report is not reproduced here. The full report can be viewed on the Yakima City Planning Division's website at httl)://www.yakiiizal4)a.gov/services/planfiiii.g/billboard-digita.l- sign-inoratoritans/, or a full copy can be obtained from the Planning Division upon request.] ATTACHMENT 2 Billboard / Digital Sign - Regulations in Washington Cities aii a [eiN Billboards Prohibit Off Allow New Allow Digital Allowed Prohibit New premise Signs Billboards Only Prohibit Digital Digital Design Restrictions Only with Eliminate Existing City / Jurisdiction with Size/ Location i Billboards (including with Relocation [ Billboards / Signs = Reduction Billboards By Restrictions billboards) Permit s � Provision Amortization -I er - ✓ TC' zone only, C[ 1P One digital sign per frontage. required, 288 sq.ft. nighttime 3 sq.ft. max. 64 sq ft, max max. for public use No white background Spokane Valley 3 -second rule applies for directional siens) l0 -seconds pause for entire ✓ ✓ aii a [eiN Kennewick arca, hciaht and Moses Lake c 0 requirements bN a ✓ t s � Pasco c iPullman t w nighttime Richland Selah Spokane No white background Spokane Valley ✓ ✓ 'rMust meet arca, hciaht and electrical requirements bN aified dale ✓ 50 sq.ft. max size. Illumination limit - 8,000 nits davtime; 1000 nits nighttime I0 -second rale - No white background ✓ (with exceptions for directional siens) Sunnyside Totally discretionary ✓ (with very limited with no guaranteed exceptions) right. 200 sq.ft. max Prohibited along �__ desi¢nated entrvways Hcarinp.Documents- Planning('ommission\Spreadsheetof('its Regulations -Attachment '.doc Illumination limit - .3 foct- candles. 2 -second rale applies. Limited to 50% of' allowable signage Prohibited in CBD rune. Pauc I Prohibit Off- Bellevue Billboards Allow Digital Bellingham Allowed Prohibit New s City / Jurisdiction with Size/ Location Billboards Billboards / Signs 1 Restrictions Bremerton y Toppenish Burien .� o Centralia I Des Moines — Union Gap more than 40% of sign face Walla Walla ✓ nits day. 500 nits night L Wenatchee ✓ Limited to 60 sy.ft (Effectively) (o'30 feet tall or 100 2 sa.ft. tai 8 ft. tall. ✓ (No changing akima ✓MI,NL.CBD.GC message centers) s and RD zones. 35 ft. tall, 500 ft, spacing. Auburn ✓ Prohibit Off- Bellevue 0 Allow Digital Bellingham Billboards Only Prohibit Digital s Bothell (including with Relocation Billboards / Signs 1 e L d Bremerton y Burien Provision Amortization Centralia Des Moines — 0 Prohibit Off- Allow New Allow Digital premise Signs Billboards Only Prohibit Digital Digital Design Restrictions Only with Eliminate Existing (including with Relocation Billboards / Signs 1 Reduction Billboards By billboards) Permit Provision Amortization Allows digital only if no — more than 40% of sign face No moving images. 5000 nits day. 500 nits night i ✓ ✓ (No changing Allows electronic text only message centers) [Ilumination limit - 8,000 nits davtime; 500 nits nighttime 1.5 second rile applies, 5 second scroll allowed ,0" (Allowed for non 4 minute rule applies commercial use only) 8 hour rile applies No motion or animation Limited to text only. Limited to 50% area of free « � standing sign. -- — (90 day.) Illumination limit - 5.000 nits davtime: 500 nits nighttime 2 -second rule applies No animation Page 2 Billboards Allowed Prohibit New City / Jurisdiction with Size/ Location Billboards Restrictions Sea Tac Prohibit Off- Seattle I0 -acre Allow Digital Sequim a o Billboards Only Prohibit Digital I Digital Design Restrictions Shelton e (including .e Billboards / Signs r I Billboards By billboards) Shoreline nits daytime: ProvisionAmortization v Tacoma Requires ambient light Illumination limit - 8.000 monitor Vancouver Prohibit Off- Allow New I0 -acre Allow Digital shopping premise Signs Billboards Only Prohibit Digital I Digital Design Restrictions Only with Eliminate Existing (including with Relocation Billboards / Signs Reduction I Billboards By billboards) I Permit nits daytime: ProvisionAmortization 1000 nits nighttime –– ✓ Requires ambient light Illumination limit - 8.000 monitor nits davtime: 500 nits nighttime - 1.5 -second rule applies. Requires dark background (subject to removal ✓ (except under ✓ (within 660 feet of ✓ ✓ (billboards) 2 second rule. with 20 clause). removal clause). highway:) second pause. ,/'(subject to removal ✓ (except clause). removal cl (except for I0 -acre shopping center) 20 -second rule applies. No — – moving messages- 4 8 second rule applies Illumination limit - 8,000 nits daytime: 1000 nits nighttime Requires ambient light monitor Woodinville ✓ ✓ ✓ (Allowed only in 32 sq.ft, max Single color Public Institution only (wann tone). Zone) 4 second rule applies Legend – Cities highlighted in yellow are those that permit the typical billboard without any requirements for mitigation (e.g., no requirements to remove existing billboards to allow new billboards), and without limiting factors such as the fully -discretional, no guarantee provisions of Sunnyside. Ofthosejurisdictions that allow billboards, Yakima and Grandview are the least restrictive in terms of required spacing, lack of illumination restrictions, and the number of zones in which billbowds are pcnnitted Page 4 A Michment 3 "MK I%i a. . .. . .... ... 115 Digital Billboards The GAP 1700 Eastbound - LHR 10 00 x 06/01/2013 Yes $0.00 18,00 ...... .... ...... Digital Billboards The GAP 1700 Westbound - RHR '10 1M ",u 00"/0 ii U 13 . . ..... .... .. 8 00 Rapirl City Area - Metro Ellsworth AFB Main Gate 0 Westbound - LHR 110.00x 01/01/2014 No $47500 22.00--- Rapid City Area - Metro Ellsworth AFB Main Gate 0 ASfl)cwId R103 0 0 0 --- - No $4 (5 00 ::200 Rapid City Area - Metro Hwy 79 Overpass 2650 Northbound - RHR 10.00 x 06101/2014 Yes $65000 36.00 Rapid C�ty Airea Metro �mr,( 7 9 0"m I p" -)s 2650 Southbound - LHR 10 00 x 04/0'� 10.� I re'� $600 00 3600 Rar)0 (.Ity Area - Metro Elk Vale #2 2 Southbound - 11 �V� 14.00 x 07/01/2014 No $650 00 . ........... .. 48.00 . . ....... .. Metin E. Vak,, & Ex�t 61 3,0Uthb0UIIIJ � I W, 1400x Yes $7'X 00 4800 Rapid City Area _,..Metro- Metro Elk Vale & Exit 61 1 Northbound - RHR . .......... . . 14.00 x . . .......... 02/01/2014 �Yes . . . .. .... .. $750.00 48.00 Rapid City Area Metro West Chicago 2710 Westbound - R� UR 10,00X 0205/w"1044 Yes $400 00 . ........... . ..... - ----- -- �36,00 ,Rapid City Area - Metro West Chicago 2710 Eastbound - LHR 10.00x 01/15/2014 Yes $400.00 Rapid City Area -Metro Elk Vale #2 2 Northbound - RHR 14 00 x 812101/20'14 No $65000 48,00 Rapid City Area - Metro Elk Vale #3 3 Northbound - RHR 14.00 x 05/01/2014 No $650.00 48.00 Rapid City Area - Metro ElIk V�Ae #3 3 �Southbound - LHR 114.00 x 06115/2014 No $650 00 4800 Rapid City Area - Metro E St. Patrick St 2660 Eastbound - LHR 1 1 /011201 3 Yes; $450.00 Next to Valley Sports Bar �1�20�0x StXffgfis Area 1190 SWrgis 29 Wostbound LIFIR 10,00 x 02/0112014 Yes $400.00 36.110 Rapid City Area - Metro E St. Patrick St 2510 Westbound - RHR 12.00 x 02/01/2014 Yes $450.00 . . . ........ . Next to Keefer Sanitation 32.00 Rapid City Area - Metro E:r 13t, Flatrk* St 2510 Eastbound -LHR 12.00 x 11/0112013 Yes $400 00 Next to liar efer Sanftabon 32.00 Rapid City Area - Metro E St. Patrick St 2660 Westbound - RHR 12.00 x 05/01/2014 Yes $450.00 Next to Valley Sports Bar 32.00 Rapid City Area - Metro E St. Patrick St 2330 Westbound -RHR 12-00x 101010013 Yes $400 00 Next to storage 32.00 Rapid City Area - Metro E St. Patrick St 2330 Eastbound - LHR 12.00 x x 10/01/2013 Yes IAOO 00 Next to storage F332.00 Rapid City Area - Metro EH( Valle 44 4 Northbound - RHR 14 00 x 02/01/2014 No 00 '48 00 Rapid City Area - Metro Elk Vale #4 2300 4 Southbound - LHR 14.00 x 04/0112014 No $650,00 48.00 Rapid City Area - Metro E St Pntrdc k SI I Westbound RHR 10 00 x 12/01/2013 No $4 7 5, 00 poste 22.00 Rapid City Area - Metro E St Patrick St t Eastbound - LHR 10.00 x 02101/2014 No $475,00 Poster 22.00 Shji� i",� Area �90 Sturps 28 :�asfixmmd - :�,I IR 1000x 11(,',/1„111 "!t yes 3600 Sturgis Area 190 Sturgis 28Westbound LHR l'o.00"XT�6;0; 72013 Yes $50000 36.00 MDEX e, 1- I tlu tI VAI I City 90 West of Rapid Gt 19U Rapid fit � � Mesthounc i HR x .08 4 8r01 101:... ..w... ,.. . , �. ...�. 48 00 I-90 - West of Rapid City 190 Rapid City 50 .. Eastbound - ..-. RNR ......_ .. m 14 00 x 01/05/2015 4800 90 VYesl oi:..�„a Rapid City 190 Rapid City 50 Westbound - 1-HR 14 00 x 1010112013 � $70000 W.. r ., ._ 4800 1 y, I -9fl /Nest off Rapid yid Cit Igo Rapid Cit y Easthound - RHIR m.14.,.00 x , 06101/20-1,1 r $7.5000 __ 48 00 190 - West of Rapid City 190 Rapid City i Festbuund - - RHR 4 00 x 14 01... 0610112015 � �r. � $750 00 �� ...z... ...:.,,. _..,. 4800 1-90 - West of Rapid City 190 Rapid City 50 Westbound - LHR 14 00 i � ” %,'ii 000 4800 90 West of Rapid City 190 Rapid City J Eastbound - Ri IR 14 00 x 0%4, ,r t , s $75000 .,w, ..... ,.. ..., 48 00 1-90 West of Rapid City 190 Rapid City 50 � Westbound b, m, 1400 s03/012014 1,„„.. $700,00 .--l-11-1- , 4800 90 -Nest of Rapid Cit Y 190 Rapid City P Y 50 Westbound ..I..H.R 14 00 � 7 .. _ 0 � 07101/2014 ..., .... Yes $700 00 _ . 48 00 00 - West of Rapid City:, 1190 Rapid City........ 50 Eastbound - RHR _ ...., 14 00 x ...�„ /01 _ w .3 06101!2013 .. ...... - Yes _.. ., _ ..5 $750 00 ._ _..w 48.00 1-90 - West of Rapid City 1190 Rapid City Wost11°uou i i RHR 14 00 x u. r, 0, - ,. . w .. 4800 1-90 West of Rapid City 190 Rapid City. 54 Eastbound LH.. _ R w_4 x 14 00 ,� 04/01/`204 ,04/.,25 Yes 0 $725 00 .m,f _ _.w_�.w_p _ _ .�...... ...� .,...v. 14800 -90West of Rapid City.. t., 190 Rapid City y 54 Weslbound,..�Rn,..�...oa HR 14 00 x 07/01/2014 1w,, $72500 ._,,..b, .m .s„� ....... 48 00 190 West of Rapid City 190 Rapid City 54 Eastbound LHR 114 00 x 04/15/2014 Yes $75000 �48 00 I-90 - West of Rapid City 190 Rapid City 55 Westbound RHR 14 00 x 02/01/2014 Yes $72500 48 00 11-90 - West of Rapid City 190 Rapid City 55 mm Eastbound- _ .. LHR Wlµ x ,....... .. 11/011201Yes_ ,..µ.m,.. $8.00.00 � � - � 48.00 Digital Billboards 9 E North St Westbound - RHR e _ 10 00 x 01/01/2014 Yesry � $0 0 0 . _. ....... .� � �..., 1800 Black Hills. Hwy 16A I58 Southbound - LHR 10.00 x 10/01/2014 No $60000 36.00 Black Hills jHw 16 56 Northbound - RHR 8 00 x 03/0112014 No $38000 ,o �...,....� _.. .,.w 2800 Black Hills Hw 16A y:�-.,1000 8 Northbound RHR x �. ...�.... 211512014 .......,� No ........r.mv ., ...... $400 00 _e......... 36.00 Black Hills Hwy 16A 58 Southbound - LHR 10 00 x 04/01/2014 No $550 00 00 Black Hills Hwy 16A 58 Northbound - RHR 10 00 x 03/01/2014 No $60000 36, 00 A, HJu 1; s�,, r,< hb Southbound 1 HR 10 00 x 14 05/0112014 No $5.,. 0000 ®. - 3600 R Hwy 16A Y Northbound RHR 16 00 x 05/1512014 No $60 0 00 w � 58 .36 00 tt n o � i iii INDEX m ZONING TEXT AMENDMENT — SECTION 15.08 SIGNS TXT#005-13, SE A#002-14 EXfIIBIT LIST CHAPTER l Findings of Fact, Conclusions of Law, and Recommendation B-1 Findings of Fact, Conclusions of Law, and Recommendation 02/26/2014 to Yakima Planning Commission __ ...... BEFORE THE PLANNING COMMISSION OF THE CITY OF YAKIMA In the matter of: ) Proposed Regulation of Billboard ) Signs and Off -Premises Signs ) City of Yakima ) Public Hearing: February 26, 2014 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION THIS MATTER, having come before the Planning Commission of the City of Yakima (hereafter "Planning Commission") upon public hearing on February 26, 2014, and the Planning Commission having considered the record herein and all evidence and testimony presented, hereby makes the following FINDINGS OF FACT 1. A public hearing was held before the Planning Commission on February 26, 2014 pursuant to notice duly published, all in accordance with applicable procedures of the Yakima Municipal Code and state law. 2. No objection was made to any member of the Planning Commission hearing and deciding all issues in this matter. 3. On April 2, 2013, the City Council of the City of Yakima adopted Ordinance No. 2013-013 prohibiting the receipt of applications, permitting, installation, erection or construction of (a) any new off -premises static billboard greater than 72 square feet in area, including billboards displaying static printed message and material, within all zoning districts of the City, and (b) on -premises and off - premises digital billboards greater than 72 square feet in area, consisting of or including changing electronic, digital, or changeable message billboards in all zoning districts within the City, and (c) the alteration, modification, or replacement of any existing billboard, so that the existing billboard (as altered or modified) uses changing electronic, digital or video display or flashing, motion, animated, or changeable electronic variable message copy and providing that static copy on existing billboards may continue to be changed. 4. The City Council conducted a public hearing on May 21, 2013 concerning the moratorium adopted pursuant to Ordinance No. 2013-013, and adopted findings DOC. 1M of fact supporting the moratorium as originally enacted, all as set forth in Resolution No 2013-065. 5. On October 1, 2013, the City Council adopted Ordinance No. 2013-046 extending the moratorium implemented pursuant to Ordinance No. 2013-013 for an additional six months, through April 1, 2014. In addition, on October 1, 2013, the City Council adopted Ordinance No. 2013-047 imposing a moratorium through April 1, 2014 on the receipt of applications, permitting, Installation, erection or construction of on -premises and off -premises digital signs 72 square feet or less in area, consisting of or including changing electronic, digital, or changeable message billboards in all zoning districts within the City, and further prohibiting the alteration, modification, or replacement of any existing sign, so that the existing sign (as altered or modified) uses changing electronic, digital or video display or flashing, motion, animated, or changeable electronic variable message copy and providing that static copy on existing signs may continue to be changed. 6. The City Council conducted a public hearing on October 15, 2013 concerning the moratorium extended pursuant to Ordinance No. 2013-046 and the moratorium adopted pursuant to Ordinance No. 2013-047. Following such public hearing, the City Council adopted findings of fact supporting such moratoria as originally approved, all as set forth in Resolution No. 2013-132. 7. The Planning Commission has been directed to receive and consider evidence, testimony and comment from the public and the sign industry, studies conducted by traffic safety agencies and professionals, to consider sign code regulations adopted by other jurisdictions, and to make a recommendation to the City Council regarding proposed regulation of billboards and digital signs. 8. The Planning Commission has held and conducted public meetings, study sessions and public hearings to receive and consider such evidence and testimony, which meetings include meetings scheduled and held on December 11, 2013, January 8, 2014, January 15, 2014, January 22, 2014, January 29, 2014, February 5, 2014, and February 12, 2014, together with public hearing on February 26, 2014, all pursuant to notice. 9. During such meetings, the Planning Commission has received and reviewed reports from city staff, sign code provisions from other cities within the State of Washington, comparisons of sign regulations from other jurisdictions. The Planning Commission has also viewed a video seminar entitled "Digital Signs 2INDEX .,... MAMMM and Billboards: Crafting and Enforcing Local Regulations," produced by Strafford Webinars, and conducted field views of digital signs. 10. The Planning Commission has received and reviewed scientific studies and reports concerning economic impacts of signs, traffic safety issues associated with billboards and digital signs, and aesthetic considerations associated with billboards and digital signs, as referenced and described in staff reports of record. 11, The Planning Commission finds that regulation of billboards and digital signs should be analyzed individually, as general differences between the two types of signage consist of static message versus changing message, static lighting levels versus changing levels with color modulation, driver's perceptions and effects on traffic safety, and effects on the surrounding environment. Therefore, with regard to billboards: Billboards (a) Billboards serve primarily as advertising platforms for goods and services available at another location, not on the premises on which the billboard is located. Thus, billboards are categorized as "off -premises" advertising. (b) As stated in staff reports, and as cited in studies referenced in such reports, billboards produce adverse impacts and costs at the local level, including but not limited to, reduced property values, negative socio- economic indicators, lack of tax revenue to local government, minimal advertising of local businesses, increased risks of litigation and costs to local government, inhibition of local renewal projects, distraction of drivers, contribution to visual blight and increased code enforcement costs to achieve correction of dilapidated or tattered billboard sign faces. (c) Staff surveys of billboard regulation by forty-seven (47) cities within the State of Washington (sixteen (16) Eastern Washington cities, and thirty-one (31) Western Washington cities) reveal that 91% of such cities have chosen to ban installation of additional billboards. (d) Current provisions of the Yakima Municipal Code allow placement of billboards in the M-1, M-2, CBD, GC and RD Zones, with a limitation of 35 feet in height and subject to 500 -foot spacing requirements. There are currently 119 billboards on 69 structures within the City of Yakima. Eighty- four percent (84%) of existing billboards lie east of 16th Avenue. Sixteen percent (16%) of the billboards lie west of 16th Avenue, but 55% of those 3 D 6ND lie along Fruitvale Boulevard. Under current municipal code provisions, there is significant potential for locating more billboards, thus increasing points of distraction for drivers with deleterious effects on traffic safety, increased incidents of visual blight, and additional public costs of code enforcement. 11. One of the primary purposes of the Growth Management Act is to empower cities planning under the Act to develop and adopt land use controls reflecting the local needs of the community. As provided in RCW 36.70A.010: "It is in the public interest that citizens, communities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning." 12. On January 31, 2014, the City of Yakima issued a notice of application pursuant to the State Environmental Policy Act (SEPA) concerning the proposed regulation of signs described herein. The notice advised that the city anticipated issuing a Determination of Nonsignificance (DNS), but that comments could be submitted through February 20, 2014, with issuance of the proposed DNS on February 21, 2014. 13. The Planning Commission finds and determines that Chapter 15.08 YMC should be amended to prohibit additional billboards within the City of Yakima, regulating off -premises directional signs, and stating definitions applicable thereto, and that amendments are in the best interests of residents of the City of Yakima, will promote economic development, reduce visual blight, promote traffic safety, and promote the general health, safety and welfare. 14. Any Finding of Fact, or portion thereof, hereafter determined by a court of competent jurisdiction to be a Conclusion of Law shall be construed as a Conclusion of Law without derogation of any other Finding of Fact. Having made the above Findings of Fact, the Planning Commission makes the following CONCLUSIONS OF LAW 1. The Planning Commission has jurisdiction to receive all evidence and testimony in this matter, and to make these Findings of Fact, Conclusions of Law and Recommendation concerning all issues herein. 2. There being no objection to any member of the Planning Commission proceeding to hear and consider all matters herein, any and all objections arising or alleged to arise out of the appearance of fairness doctrine or provisions related to conflict of interest are hereby deemed waived. 3. All procedural requirements pertaining to notice, scheduling and conducting the public hearing have been met and are satisfied. 4. All procedural requirements pertaining to amendment of Title 15 of the Yakima Municipal Code have been met and are satisfied. 5. Any Conclusion of Law, or portion thereof, hereafter determined by a court of competent jurisdiction to be a Finding of Fact shall be construed as a Finding of Fact without derogation of any other Conclusion of Law. Having made the above Findings of Fact and Conclusions of Law, the Planning Commission hereby renders its RECOMMENDATION TO CITY COUNCIL The Planning Commission of the City of Yakima, having received and considered all evidence and testimony presented at public hearing, and having received and reviewed the record herein, hereby recommends that the City Council of the City of Yakima APPROVE the proposed legislation entitled "An Ordinance relating to regulation of signs, amending Chapter 15.08 of the Yakima Municipal Code regarding regulation of billboards and off -premises signs," as included and incorporated into the record herein. ADOPTED AND APPROVED this 26th day of February, 2014. By: Dave Fonfara, Chair DOC., NDEX5 ZONING TEXT AMENDMENT — SECTION 15.08 SIGNS TXT#005-13, SEPA#002-14 CHAPTER APTE:R C Draft Ordinance r i C-1 Exhibit 1— B: Amended YMC Section 15.08.060 Table 8-1 C-2 Exhibit 1— A: Amended YMC Sections 15.08.020,15.08.050, and 15.08.130 C-3 Draft Ordinance 02/26/2014 ......... ................. ............................................... ......................................._._............................... ......... ORDINANCE NO. 2014 - AN ORDINANCE relating to regulation of signs, amending Chapter 15.08 of the Yakima Municipal Code regarding regulation of billboards and off - premises signs. WHEREAS, the City Council has previously adopted ordinances establishing criteria for location, licensing and maintenance of off -premises advertising signs and signs commonly known as billboards, all as codified at Chapter 15.08 YMC; and WHEREAS, the City Council has previously 2013 pursuant to Ordinance No. 2013-013 prof(' permitting, installation, erection or construction billboard greater than 72 square feet in area, inoI, message and material, within all zoning dnsq( t premises digital billboards greater than 7 " P changing electronic, digital, or changear`,re within the City, and (c) the alteration, odt billboard, so that the existing billboard (as alter digital or video display or flashirg,'otion, anim message copy and providing thay on changed; and d a moratorium on April 2, the receipt of applications, ,ny new off -premises static ling billb rds displaying static printed the City, anj,(b) on -premises and off - feet in area, d6nsisting of or including ;age billboards zoning districts tion,�t replaconnt of any existing r, O fied) uses ch h jng electronic, `dor changeable electronic variable )xlbillboards may continue to be WHEREAS,, lW/��)f o+uncil grrduc�IMc wring on May 21, 2013 concerning the rngt ium ted pur rn/ Ordi�n�� p No. 2013-013, and adopted findings of fact s p� ting th ,i rioratond � originall enacted, all as set forth in Resolution No 2013-64,'; nd "�, o Octbn 1, 213'p' C�tCouncil adopted Ordinance No. 2013- 046 extding the more nu I meet ` �� rsuant to Ordinance No. 2013-013 for an addtiorti/ fix months, tf r „1, 2014, In addition, on October 1, 2013, the City Council ado led Ordinanc ;; o 2t1 P47 imposing a moratorium through April 1, 2014 o. on the rec`tt,f application perring, installation, erection or construction of on - premises and 6f remises ital signs 72 square feet or less in area, consisting of or including changin' (ec�tronigital, or changeable message billboards in all zoning districts within tity, rt further prohibiting the alteration, modification, or replacement of any e(p1 tgn, so that the existing sign (as altered or modified) uses changing electronic, digi(I' or video display or flashing, motion, animated, or changeable electronic variable message copy and providing that static copy on existing signs may continue to be changed; and WHEREAS, the City Council conducted a public hearing on October 15, 2013 concerning the moratorium extended pursuant to Ordinance No. 2013-046 and the moratorium adopted pursuant to Ordinance No. 2013-047. Following such public hearing, the City Council adopted findings of fact supporting such moratoria as originally approved, all as set forth in Resolution No. 2013-132; and WHEREAS, the Planning Commission of the City of Yakima has held meetings and special meetings to receive public comment, testimony and evidence, including but not limited to, meetings on December 11, 2013, January 8, 2014, January 15, 2014, January 22, 2014, January 29, 2014, February 5, 2014, and February 12, 2014, together with public hearing on February 26, 2014, all pursuant to notice; and WHEREAS, having considered all testimony, comment and evidence presented during such meetings, special meetings and public hearing, has adopted on February 26, 2014 Findings of Fact, Conclusions of Law and Recommendation to the City Council for adoption of an ordinance pertaining to the regulation;;,f billboards within the City of Yakima; and WHEREAS, the City Council, having rec�ed findings, conclusions and recommendation of the Planning Commission "tr gethe "#'j4h the record herein, and having received and considered all evidentimony and ,comment presented at a public hearing conducted March 18, 2014uant to notice dull blished, hereby finds and concludes: (a) The Findings of FA,pt, Conclusidn Planning Commission, e; February adopted by this reference gs City Council; „ Wand Recominpridation of the 14, are hereby received and and Conclusions of Law of the I Code pertaining to ed 1termines that such Chapter 15.08 YMC regulating billboards within the City of WH8 IREAS, the City, Pouncr�'" ffrds and determines that YMC 15.08.020, YMC 15.08.050 and �C 15.08 .1 ' hould be amended as shown and set forth in Exhibit "1- A" attached hernd by f�� reference incorporated herein, and that Table 8-1 set forth in YMC 15.08�gr sht be repealed and new Table 8-1 adopted as set forth in Exhibit "1-B" aftached' and by this reference incorporated herein; and that such amendments are in the fst interest of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Sections 15.08.020, 15.08.050 and 15.08.130 of Chapter 15.08 of the Yakima Municipal Code are each hereby amended to read as set forth in Exhibit 1-A" attached hereto and incorporated herein. Section 2. Table 8-1 set forth in Section 15.08.060 of the Yakima Municipal Code are each hereby repealed, and new Table 8-1 adopted and approved as set forth in Exhibit "1-B" attached hereto and incorporated herein. Section 3. Except as amended above, Chapter 15.08 YMC shall remain unchanged. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. Section 5. This ordinance shall be in full force approval, and publication as provided by law and, PASSED BY THE CITY COUNCIL, sig ATTEST: Pub t 30 days after its passage, Charter. approved this 1 of March, 2014. Micah Cawley, Mayor EXHIBIT "1-A" 15.08.020 Definitions. For the purpose of this chapter, certain abbreviations, terms, phrases, words and derivatives shall be construed as specified herein. "Abandoned sign" means any sign located on property that is vacant and unoccupied for a period of six months or more, or any sign which pertains to any occupant, business or event unrelated to the present occupant or use. "Banner" means any sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. National flags, state and local flags or any official flag at an institution or business will not be considered banners. `Billboard' means any sign face the primary purpose of which is to lease rent let or otherwise allow sign space for a fee or other compensation to the underlying ro ert owner or tenant and/or to the sign face owner. Billboards primarily advertise identify or prorngte off- remises businesses rod cts services organizations and/or entities. Billboards may occasionally provide ads )ace on a ro bono basis and ma ori a compensatory basis to the properly owner or tenant advertise products or services that are minimally and/or coincidental) available on the site. "Canopy sign" means any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. "Changing message center sign" means an electronically controlled sign where different automatic changing messages are shown on the lamp bank. This definition includes time and temperature displays. "Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and to show the design of the building or the purpose for which the building is intended. Directional Sign. See "off -premises directional sign" and "on -premises directional sign." "Electrical sign" means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. "Flashing sign" means an electric sign or a portion thereof (except changing message centers) which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one-third of the nonconstant light source is off at any one time. "Freestanding sign" means any sign supported by one or more uprights, poles or braces in or upon the ground. "Freeway sign" means a freestanding sign designed and placed to attract the attention of freeway traffic. "Grand opening sign" means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise under new management. "Multiple -building complex" is a group of structures housing two or more retail, offices, or commercial uses sharing the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each multiple -building complex shall be considered a single use. "Multiple -tenant building" is a single structure housing two or more retail, office, or commercial uses sharing the same lot, access and/or parking facilities, or a coordinated site plan. For purposes of this section, each multiple -building complex shall be considered a single use. (See YMC 15.08.140.) "Off -premises directional sign" means an off -premises sign with directions to a particular business located within the city. "Off -premises sign" means a sign advertising or promoting merchandise, service, goods, or entertainment sold, produced, manufactured or furnished at a place other than on the property where the sign is located. Off - remise signs include but are not limited to billboards and exclude off -premises directional signs, "On -premises directional sign" means a sign directing pedestrian or vehicular traffic to parking, entrances, exits, service areas, or other on-site locations. "On -premises sign" means a sign incidental to a lawful use of the premises on which it is located, advertising the business transacted, services rendered, goods sold or products produced on the premises or the name of the business or name of the person, firm or corporation occupying the premises. "Political sign" means a sign advertising a candidate or candidates for public elective offices, or a political party, or a sign urging a particular vote on a public issue decided by ballot. "Portable sign" means a temporary sign made of wood, metal, plastic, or other durable material that is not attached to the ground or a structure. This definition includes sandwich boards, and portable readerboards (also see "temporary sign") if placed on private property. Signs placed on public or street right-of-way, including public sidewalks, require review under YMC 8.20.055. "Projecting sign" means a sign, other than a wall sign, that is attached to and projects from a structure or building face. "Real estate sign" means any sign pertaining to the sale, lease or rental of land or buildings. "Roof sign" means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design. See YMC 15.08.090. "Sign" means any medium, including its structural component parts, used or intended to attract attention to the subject matter that identifies, advertises, and/or promotes an activity, product, service, place, business, or any other thing. "Sign area" means that area-eeiU ined the smallest circle triangle, s uare rectangle le or oarallelociram that will contain a sin For cabinet -type si ns the sign area includes wiin a single continuous perimeter enclosing the entire sign cabinet, but excluding any support or framing structure extenditao be and the outer edges of the sign cabinet that does not convey a message. For individually mounted letters and symbols, sign, area is based upon the entire area of a sin. le messa e• not the collective area of individual letters or symbols. For exam lee "Quick -Car Wash is calculated as a single message; not three individual words or 12 individual letters. "Sign cabinet" means the module or box that suppgits a sib fgLq or sign panel, but e+ng excludes sign supports, architectural framing, or other decorative features x_tndingWyand the module or box whist} that contain no written or advertising copy. DOC. 2 DNDEX "Sign height" means the vertical distance measured from the grade below the sign or upper surface of the nearest street curb, whichever permits the greatest height, to the highest point of the sign. Figure 8-1 "Sign setback" means the horizontal distance from the property line to the nearest edge of the sign cabinet. "Static" means without motion. "Street frontage" means the length in feet of a property line(s) or lot line(s) bordering a public street. For corner lots, each street -side property line shall be a separate street frontage. The frontage for a single use or development on two or more lots shall be the sum of the individual lot frontages. Figure 8-2 °°Structural alteration" means, any,chane that enlar es expands, widens reconf¢ ures or otherwise causes visuaily discernible changes to a sin or any part of a sin or its supporting structure or that replggg§_p!2jLpgq of a sign or its sign structure with parts that are visually. structurafly, mechanical) and/or functional) different. from _original oarts,. xce t that re lacing sin anels letters or other ®forms of co withlike t e kindand. quality of cgl2y are not considered structurally altered changes. "Temporary sign" means any sign, banner, pennant, valance, or advertising display constructed of cloth, paper, canvas, cardboard, or other light nondurable materials and portable signs as defined in this section. Types of displays included in this category are: grand opening, special sales, special event, and garage sale signs. DOC. }F ,. WD EX E "Use identification sign" means a sign used to identify and/or contain information pertaining to a school, church, residential development, or a legal business other than a home occupation in a residential district. "Wall sign" means any on -premises sign attached to or painted directly on, or erected against and parallel to, the wall of a building. See YMC 15.08.100. "Window sign" means any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service placed inside a window or upon the window panes or glass and visible from the exterior of the window. 15 08 050 Prohibited signs. The following signs are prohibited: 1. Signs on any vehicle or trailer parked on public or private property and visible from a public right-of- way for the purpose of circumventing the provisions of this chapter. This provision shall not prohibit signs painted on or magnetically attached to any vehicle operating in the normal course of business; 2. Signs purporting to be, imitating, or resembling an official traffic sign or signal; could cause confusion with any official sign, or which obstruct the visibility of any traffic/street sign or signal; 3. Signs attached to utility, streetlight and traffic -control standard poles; 4. Swinging projecting signs; 5. Signs in a dilapidated (i.e., having peeling paint, major cracks or holes, and/or loose or dangling materials) or hazardous condition; 6. Abandoned signs; 7. Signs on doors, windows or fire escapes that restrict free ingress or egress; and & Billboards and structural alteration of existing billboards° g. Off- remise signs except off- remise directional signs, and signs on legally non -conforming billboards; and 810. Any other sign not meeting the provisions of this chapter. 15.08.130 Off -premises directional signsand-billboards. A. --- iltboaf ar �'—Mass-�-�a.�-fn-that.flmmaedmml'�-�d+st�icts-;-arad 4- The-mayci distriGts -hall be G. Off -premises directional signs are: 1. Class (1) uses in the N1'1 and K4-2 districts; 2. Class (2)uses inthe 8'2.CBD, GC, and ROdistricts. Off -premises directional signs may be permitted in these districts after the required level of review, provided they meet the provisions of this chapter and the specific standards for the district in which they are located. EXHIBIT "1-13" Table 8-1 SIGN TYPE ZONING DISTRICTS SR R-1 I R-2 I R-3 I B-1 I HB B-2 I SCC I LCC I CBD I GC AS RD M-1 M-2 PERMITTED SIGNS On -Premises Signs Nameplate IPermitted as an Accessory Use to an Approved or Existing Use Subdivision Identification/ Project Identification2 Changing Message Center Signs (Reserved) Roof/Portable Signs Not Permitted Class (1) Use Freestanding' Subdivision/Prof. I.D. OnlyOn-premises signs meeting the standards of this chapter are considered Class (1) uses requiring Type (1) review. On -premises signs not meeting the standards of this chapter shall follow the procedures of YMC 15.08.170, and are otherwise not permitted. Projecting Not Permitted Freeway See Yh1C 15.08.150 Off -Premises Signs Directional Not Permitted CL (2) lNot CL (2) Use Use ermitted CL (1) Use Advertising Not Permitted Billboards NUMBER OF SIGNS PERMITTED On -Premises Nameplate 1 Per Dwelling Signs Subdivision Identification/ Use Identification 1 Per Street Frontage Freestanding' Changing Message Center Signs (Reserved) Projecting JNot Permitted 1 Per Street Frontage Wall: YMC 15.08.100/ Roof: YMC 15.08.090/ Temporary: YMC 15.08.110 Freeway: See YMC 15.08.150 Wall/Roof/Portable Signs Freeway Off -Premises Directional Not Permitted Directional: See YMC 15.08.120(8) Signs Advertising _ Not Permitted Billboards NOTES: 1. YMC 15.08.140 has freestanding sign provisions for multiple -building complexes and multiple -tenant buildings. 2. Nameplates and subdivision identification signs permitted in the residential districts maybe placed on a wall—See Table 8-2. ZONING TEXT AMENDMENT — SECTION 15.08 SIGNS TXT#005-13, SEPA#002-14 EXHIBIT LIST CHAPTER D Memorandum n r D-1 Exhibit D: City of Yakima Permit Data for Billboards 02/19/2014 D-2 ........_ Exhibit C: News article "A Crime by the Highway: Poisoning .._WWW... W.� W 04/26/2012 trees to make billboards easier to see" D-3 Exhibit B: State of Minnesota vs. Randall R. Grilz, Sharon 09/26/2013 Grilz, et al D-4 Exhibit A: Industry List A. RMS H 406 Detailed Industry Codes D-5 Staff Memorandum to Yakima Planning Commission ..... 02/18/2014 ..............._.__..__........... ..............._. ...___._.�._.. . I /J:W1L") al" TO: Planning Commission FROM: Steve Osguthorpe, AI('P, Community Development Director SUBJECT: Billboard Information DATE: February 18, 2014 Staff Response to hzdusti), InOrmation At the Planning Commission's January 29. 2014 meeting, information was submitted by both Peter Grover of Metro Outdoor Advertising, and Tom Knaub of Lamar Outdoor Advertising. These gentlemen provided helpful feedback on a number of fi•onts, and perhaps raised questions pertaining to the accuracy of information provided by staff. I have therefore prepared the following response to their submittals and comments that may have raised additional questions: 1. Reduced Property Values. Regarding the question as to whether billboards have an effect on property values, it is evident that there are varying opinions and divergent statistical methods of addressing this question. Industry representatives provided a study prepared by iMapData Inc. on the impact of billboards on Tampa, Florida property values. That study provided compelling evidence that billboards increase commercial property values. However, it focused solely on the value of commercial properties with billboards. The conclusion was that a billboard increases the underlying property's value. That should not be surprising because a billboard is a revenue generator for that property owner. However, the study did not address the impact billboards have on values of surrounding properties. To answer that question, the Philadelphia study by Jonathan Snyder was prepared to consider that broader impact. Mr. Snyder found that home values within 500 feet of billboards in Philadelphia had a marked decrease in value compared to homes beyond 500 feet of billboards. That study generated a quick response "Ber'ond,Jesthelice., Hou Billboards Aft/ cl Economic Prwperili�" Jonathan S. Snyder. Samuel S. Fels Fund (December 201 1) /'0(r o by the billboard industry, which apparently secured the services of Econsult Corporation out of Philadelphia to critique Snyder's study. Econsult concluded almost the opposite of Snyder, finding that Snyder's report did not account for other variables that might affect home values in the vicinity of billboards, such as their location in or proximity to commercial zones. In other words, don't blame billboards for reducing home values; blame the commercial zone that attracted the billboards to locate near the homes. That argument raises the question as to whether commercial zoning itself decreases property values. Typically, rezoning land from a residential to commercial zone is considered an up -zone that actually increases property values even if it diminishes its attraction for residential use. The question of how proximity of commercial uses effect residential prices was the subject of a dissertation by John Matthews of Georgia State University and the Georgia Institute of Technology.3 Matthews noted that existing studies produced indefinite results, with some finding positive influence while others finding negative influences. He found that appraisal literature is not conclusive on the effect of commercial proximity to residential uses, and that empirical literature identifies no clear pattern of either positive or negative effects of proximity to non-residential uses on the price of housing. But he also cites studies finding that the effect depends on design, maintenance and management of proximate non-residential uses, not necessarily the uses themselves. For example, he references a 1980 study by Li & Brown which states, "Empirical findings suggest that proximity to certain non-residential land uses affects housing prices by having a positive value for accessibility and a negative value for external diseconomies (congestion, pollution, and unsightliness). Furthermore, visual quality and noise pollution have impacts on housing prices". (Emphasis added). This brings us back to the premise of Jonathan Snyder's study. Since design, unsightliness and visual quality is the principle focus of most billboard criticisms, it is not hard to conceive that residential properties near billboards may indeed have diminished values just as other visual disaimenties referenced by Econsult can diminish property values. Econsult concludes that there is no evidence that the one subject element — i.e., billboards — have any significant impact on property values, and likewise suggests that removing that one element should increase property values if it in fact is a disamenity. However, that assumes that property values fluctuate when only one variable changes. Perhaps the weakness of both Snyder and F,consult's studies is that they both underestimate the synergy of multiple disamenties as the cause of decreased property values. Econsult apparently assumes that reduced property values can be reversed by simply eliminating any single disamenity once the synergistic elements of neighborhood 2 "Economic Impact of Billboard Locations on Property Values in Philadelphia ", Econsult Corporation, (April 2012). The Econsult report was submitted to Duane Morris LLP, who is part of a law firm in Philadelphia representing corporate interests. John William Matthews, "The Effect of Proximity to Commercial Uses on Residential Prices. A Dissertation Presented to the Academic Faculty in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in Public Policy, Georgia State University and the Georgia Institute of Technology." (May, 2006). 4 Li, M. M., & Brown, J. (1980). Micro -Neighborhood Externalities and Hedonic Housing Prices. Land Economics, 56(2), 125-141. ®OO. ONDEX 2 decline are in motion. Reversing that motion will likely take more time, and the removal of more disamenities, that Econsult accounts for in its study. Tom Knaub of Lamar Advertising submitted to the Planning Commission a second report prepared by Econsult Corporation, presumably as additional rebuttal to the Snyder report. That second report attempts to estimate the impact of the billboard industry on the economy of Philadelphia proper and at the broader Commonwealth level using Input - Output (I/O) modeling. I/O modeling is a method of representing the interdependencies between different segments of a national or regional economy. It uses "multipliers" to estimate the arnplified effect of an initial economic stimulus after all of the secondary effects of the stimulus have worked their way through an economy. The Econsult report claims to draw upon RIMS lI data, which breaks down industries into specific categories used in input-output modeling. However, at its most finite level, RIMS II data as published by the U.S. Bureau of Economic Analysis (BEA) does not provide multiplier figures specific to the billboard industry. That is one of the problems with I/O analysis — it assumes that each industry has a single homogenous product. Billboards fall under the broader Industry Code 339950 titled "Sign Manufacturing". (See attached Exhibit "A" - Industry List A. RIMS 11 406 Detailed Industry Codes) Therefore, the only conclusions one could draw under standard Input -Output modeling using available RIMS II figures pertain to the effects that the total sign manufacturing industry has on an identified regional economy. But that is not even the question here. The impacts that sign manufacturing has on a region's economy is a completely different level of analysis than the specific impacts of billboards. The Econsult report appears to address this limitation by stating that it utilizes "industry data and industry -recognized input-output modeling techniques". However, that customized level of analysis is not defined in the report. First, the report does not reveal what "industry data" is applied to the model as opposed to data available through BEA, and it does not provide the coefficients applied to its model or state how they were derived. Moreover, it defines terms that are not otherwise defined in any study referenced by, or in the users handbook developed by, BEA. Finally, with all of its technical terms and jargon, Econsult provides no information on what additional assumptions it applies to its I/O modeling to come to its more finite conclusions for billboards. Obviously, the sign industry is far more diversified than billboards, so to attribute all the functions, products, services, employment and other impacts of the sign industry to just the billboard component would be a gross exaggeration of that component's impact on the local economy. We simply don't know how Econsult derived billboard -specific multipliers from available RIMS II data or how input and impacts from the broader signage industry were discounted to avoid those kinds of errors. But even if the BEA provided RIMS II data specific to the billboard industry, the Econsult study reveals the same limitations and potential flaws of any I/O analysis. First, it assumes that the input is constant and that conditions and technology will not change over time. That represents a significant limitation if not flawed premise of the Econsult study, for its conclusions are based on the premise the billboards provide 400 jobs to the Philadelphia economy, even as the industry shifts to digital billboards that significantly u WDEX 3 reduces the amount of local labor required to change billboard messaging. So while the Econsult report predicts job creation through billboards, the industry is implementing technological changes that significantly impact, displace and/or eliminate jobs. Second, it assumes that the jobs created put monies back into the local economy, which further assumes that monies earned in the region are spent in the same region. Additionally, it does not account for opportunity costs. First, it claims that property taxes will increase due to the increased value of properties on which billboards are placed, but it does not take into account any decreased values associated with properties in the vicinity of billboards. Second, billboards are clearly not the sole or most up-to-date means of advertising, and resources spent on this medium could negate resources spent on developing newer and potentially less controversial technologies. Opportunity costs might also apply to monies spent to mitigate impacts associated with products advertized on billboards. For example, it is estimated that for every dollar acquired for sales associated with alcohol (a significant portion of billboard ads) 10 dollars are spent addressing the social costs of this product. Moreover, there are other less tangible benefits that standard input-output analysis does not even attempt to measure including economic development objectives affected by aesthetics, such as tourism or redevelopment of declining neighborhoods. Again, without a statement of assumptions that Econsult put into its analysis, the study is suspect to abuses common to many input- output analyses. Finally, it is difficult to ignore the purpose for which both Econsult studies were conducted. They were sponsored by the billboard industry in response to a study that was obviously concerning to the industry. Economist Jonathan Q. Morgan warned against too much reliance on advocacy reports, stating, "Economic development professionals may provide a basic assessment of a project's economic or fiscal impacts, or both. But the analysis of such a professional might not be purely objective since his or her job per- formance is dependent upon making projects happen. Project boosters and other advocates may not be the best source for independent and unbiased analysis of development impacts".5 This challenge of sorting through complex and often conflicting reports was perhaps best addressed by the California Supreme Court in its landmark Metromedia decision upholding San Diego's billboard restrictions. Speaking to the issue of billboards and traffic safety, the court concluded, "No matter what one's position on the sign and safety issue [is] one can find the study to support it .... [D]espite the insights provided by statistical analyses, the case for the hazards of private signs rests largely upon common sense and the informed judgments of traffic engineers and other experts. The arguments are complex and sometimes highly technical, but on the whole, the courts are increasingly likely to 5 Jonathan Q. Morgan, "Analyzing the Benefits and Costs of Economic Development Projects," Community and Economic Development Bulletin No. 7 (Chapel Hill, NC: UNC School of Government, April 2010). D MEX 4 conclude that regulation of private signs may be reasonably expected to enhance highway safety." 6 Considering the conflicting reports on property values, the same "common sense" and "informed judgment" approach might be the best means of deciding whether billboards do or do not have adverse impacts on home values. Individuals can assess and decide for themselves whether a billboard in close proximity to a home would affect their decision to buy the home or otherwise deterinine how much they would be willing to pay for the home. What is evident is that properties within the vicinities of billboards typically do have decreased property values. Whether that it is the result of the billboard being located in less desirable areas, or the area being less desirable because of the billboard may be difficult to assess. But what should be of primary concern is whether a billboard might adversely affect efforts to revitalize neighborhoods that are in decline for any number of reasons. If the findings of the Econsult report are correct — i.e., that decreased property values near billboards are the result of multiple variables not included in Snyder's report, it is risky to conclude that billboards are not a pertinent variable nonetheless, or that they are not one of those "visual quality" issues referenced by Li and Brown 7, and that they will not hamper redevelopment efforts. As many cities have discovered, billboards have in fact hampered redevelopment efforts because of underlying property easements, view easement, long term lease provisions and associated lawsuits against cities that have attempted meaningful redevelopment efforts, like those mentioned in my January 29 memorandum to the Planning Commission. 2. Tax Revenue to Local Government. Regarding the issue of tax revenue to the City of Yakima, there is virtually no tax revenue to the city of Yakima attributable to either the value of the structure or the revenue the billboard owner receives. Again, in terms of property tax, billboards are considered personal property rather than real property. The question is whether there might be indirect benefits to the City based upon the businesses or products the billboards may advertise. The inventory of billboards in Yakima revealed that of the actual businesses advertized on Yakima's billboards, only 25% of those businesses were within Yakima City limits, and only 12% of those were retail based. That figure has been challenged by local industry representatives, apparently because I did not include in that figure ads for specific products that might be sold by a Yakima business (e.g., alcohol). However, to suggest that product -specific ads have a direct impact on the local economy also suggests that billboard ads for any product will increase local sales of that particular product. The only way to confirm that would be through comparison of product sales in communities with billboards promoting that product against communities that have banned billboard advertising. It would be interesting to know, for example, whether Vermont, Maine, Alaska or Hawaii8 sells less of a given product per capita than those states that allow billboards to advertize that product, or whether their overall state economies have been adversely impacted because they have banned billboard medium. 6 Dowds, Private Signs and Public Interests, in 1974 Institute on Plaiming, Zoning and Eminent Domain, p. 231.) Cited in Metromedia Inc. vs. City of San Diego. 7 Ibid, Li, M. M., & Brown, J. 8 These four states have bamied billboards throughout their states. DOC. NDEX 5 F Finally, if a billboard ad should in fact increase local sales of an advertized product, it may be premature to conclude that any tax revenues as a result of that product sale are a net gain to the City. As determined in the 2013 inventory of billboards in Yakima, a high percentage of billboard ads are for alcohol products. Based upon research from the Center for Applied Research Solutions (CARS), 16% of city budgets are used to address the negative consequences of substance abuse and addiction, and the city will realize a long-term savings of $10.00 for every dollar spent on substance abuse prevention.9 While cities cannot prohibit alcohol advertising or otherwise regulate content, it can minimize the exposure to youth and other vulnerable individuals by limiting the medium upon which the ads are located. 3. Potential for Proliferation. I have identified in numerous reports and memorandums the potential that existing codes provide for proliferation of additional billboards. One industry representative stated that proliferation should not be a concern for the following reasons: a. Billboards are allowed only in the M1, M2, CBD, and CBDS zones and that there are no zones on the west side that allow billboards. b. Since 2009 only one permit has been issued for a new billboard and two permits for upgrades. e. Existing structures prevent locating billboards to their full code -allowed potential. d. The proliferation example staff provided for Rapid City, South Dakota incorrectly stated the number of billboards within city limits. e. If proliferation was to occur, why hasn't it happened? To address reason "a", above, it needs to be pointed out that the information the industry representative provided is based upon a previous zoning code. We no longer have a CBDS zone. The current code allows billboards in the M1, M2, CBD, GC and RD zones. There are large areas of GC zoning on the west side and large areas of RD zoning on the east side where billboards are permitted. Per reason "b", Mr.Grover has stated that only 1 permit and two upgrade permits have been issued since 2009. That is not entirely correct. Since 2009 permits were issued for five billboards, four of which have expired, and one additional permit for an upgrade. (See Exhibit "D"). However, it is not clear why 2009 was chosen as a benchmark year. Since 2008 we have issued 10 billboard permits. Since 2006 we have issued 15 permits. But what is particularly significant is the number of permits we have not issued. According to city records, 62% of existing billboards have no permits on file with the City of Yakima. It appears that many billboards may have been installed illegally and we don't know the date of their installation. Regarding reason "c", it should be noted that sign structures take only a few square feet of land and they are designed to conform to any needed configuration, including off -set 9 Center for Applied Research Solutions. "Power of Prevention", (2011) • faces and dogleg posts that allow projection over roof tops and maneuvering in tight spaces. Regarding reason "d" and comments expressed over Rapid City billboard information, the only reason I included that information was to demonstrate the degree to which billboards can proliferate in smaller cities and along short segments of highway. I therefore referred to the Rapid City example and have confirmed that the information provided is essentially correct. Rapid City records for 2011 revealed that there were 197 active sign permits in Rapid City, with many signs having as many as two and four sign faces attached. The high number of billboards in Rapid City resulted in a citizen petition to ban digital billboards and to further limit spacing and credit provisions for new billboards. The petition included more than 3,000 signatures of city residents (only 2,000 were required). Reason "e" is asking why the proliferation hasn't happened yet. The permitting activities of Yakima prior to 2009 indicate that there have been significant bursts of billboard permitting in short periods of time. As the response to reason "b" indicates, a total of 14 permits were issued between 2006 and 2009, and permit records cannot account for the number of billboards that have been installed without permits. The slow down in permit activity identified by industry representatives occurred after 2009. Staff fully expects activities to increase to reflect current national trends to digitize billboards. The industry's current and continued focus on the State legislature to allow digital billboards is indicative of that movement. 4. Required Compensation to the Industry. As an example of the potential costs to local government for having to condemn or otherwise remove billboards for public improvement projects, I referenced the amount awarded to Clear Channel from the Minnesota Department of Transportation. Mr. Grover questioned the validity of that example, stating that compensation is not provided if relocation is agreed upon. I'm attaching a copy of the condemnation award document that shows the award amount of $4,321,000.00. (See attached Exhibit `B") This amount was paid in spite of its relocation. The sign was moved and relocated to a spot just a short distance from its original location. 5. Vegetation Removal. Finally, regarding the issue of vegetation control and tree removal, the following background information may be helpful: In 1977, the Federal Highway Administration (FHA) issued guidance that pennitted States to enter into agreements with billboard companies to clear trees and other vegetation on the public highway right-of-way to ensure clear visibility of billboards. The guidance reflected language of the Highway Beautification Act (HBA) pertaining to promoting "the reasonable, orderly, and effective display of outdoor advertising" and also language pertaining to agreements between the Fed and States to "maintain" such displays (U. S. Code, Chapter 1, Section 131(d)). The guidance was the result of the Outdoor Advertizing Association proposing changes to the HBA in 1976 that would make legal those vegetation maintenance practices that were otherwise occurring DUC. 7 illegally. Trees on highways across the nation were dying from being either poisoned or cut down in the middle of the night to facilitate the visibility of billboards. For example, in 1972 the Florida Department of Transportation presented testimony to the Commission on Highway Beautification showing that more than 1,500 trees had been destroyed along I-75, all in front of billboards. This vandalism was addressed by the Federal Highway Administration in their Federal -Aid Program Manual Transmittal 156, dated September 26, 1975 which urged the states to "take all legal and administrative actions at its disposal to abate these practices Many states enacted specific vegetation removal provisions10, which prompted complaints by cities wanting to enhance their rights-of-way over the practice of allowing a single company to dictate vegetation provisions within the public right-of-way. The "vegetation control" programs gave rise to other legal questions: If vegetation on the public right-of-way is destroyed to provide better visibility for billboards, docs this practice violate laws and regulations relating to highway maintenance or relinquishment of right-of-way? Does it constitute an illegal gift of public property for a non-public purpose? In Georgia, the Supreme Court ruled in 1995 that allowing the destruction of publicly owned trees on the public right-of-way for billboard visibility violated the state's constitution, because it constituted a gratuity to a private interest without providing a substantial benefit to the state or its citizens. In May, 1990 the FHWA clarified its 1977 memorandum that permitted vegetation clearance to improve the visibility of outdoor advertising signs, stating that because it is Federal Highway Administration policy to be sensitive to environmental concerns, such vegetation clearance can no longer be endorsed. As might be expected, this change drew a furious response from the outdoor advertising industry and their supporters in Congress, and the Federal Highway Administration quickly "unrescinded" their directive, saying that their memorandum was only a "statement of policy" which the states could ignore. And some states have in fact ignored the policy as the industry continues its push for legal removal of vegetation. For example, Georgia Governor Deal signed into law on May 12, 2011, a bill called the "Tree Removal Statute, which gave rights to billboard companies to clear-cut state-owned, roadside trees that obstruct their signs by paying only a fraction of the trees' actual value. Furthermore, the Tree Removal Statute granted billboard companies the option to offset the price to be paid for tree cutting by receiving credits for the cost of removing non -conforming or non -permitted billboards that the original billboard owner was already obligated to remove. This law was recently challenged when the City of Columbus, Gateways Foundation, and Trees Columbus Inc. filed a lawsuit to stop the trees from being removed. However, in May 2013, Georgia's highest court upheld the Georgia statute allowing trees to be chopped down so that 10 Eighteen states (Alabama, California, Connecticut, Florida, Georgia, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, New Jersey, North Carolina, North Dakota, Pennsylvania, South Carolina, Tennessee, Virginia, Tennessee, and Wisconsin) now permit or require that trees be cut on the public right-of-way to provide a clear view of billboards. billboard companies could advertise along highways. This decision completely contradicted the Court's 1995 decision. Although many states, including Washington, did not adopt a tree removal provision, the practice of tree removal to facilitate billboard visibility continues even without state or local authorization. No matter what state it occurred in, it has usually been difficult to prove who was responsible for the tree removals, but in many situations the trees affected were those that otherwise blocked billboards. The following instances provide additional examples of this type of activity: o In 2012, Robert J. Barnhart of Tallahassee Florida "blew the whistle" on what he claimed were direct orders from the billboard company he worked for to kill trees that blocked the company's billboards. Mr. Barnhart was a crew chief for Lamar Advertising at the time. The attached article (Exhibit "C") provides details of this account. • In 2011, Conroe, Texas, Clear Channel was accused by the city council of cutting down 15 pine trees on the south side of Loop 336 on the Interstate 45 North frontage road in Conroe in order to provide more visibility to the company's billboard. The cutting came just days after the council approved Clear Channel converting the south -facing part of the billboard at that intersection to digital advertising. • In 2009, the California Highway Patrol caught a person cutting trees in the I-405 freeway right-of-way adjacent to the new Westfield shopping mall in Culver City. The trees were in the way of a billboard on the corner of the mall site. Also, nearly two dozen trees near Los Angeles billboards were severely cut back. The trees were part of a major landscaping initiative along the I-405 and I-10 freeways. According to the California Department of Transportation's deputy district director for maintenance in Los Angeles and Ventura counties, the pruning job appeared to be aimed at making two large advertisements erected by the World Wide Rush advertising company more visible to drivers. • In 2008, the Connecticut Department of Transportation filed a lawsuit against Lamar Advertising of Hartford and related companies for clearing 83 mature trees on state property along Interstate 84 in order to maximize visibility of its billboard. The lawsuit also named Long Hill Tree and Lawn Care Service, Inc. of East Hartford. • In 2007, Raleigh NC, the State Department of Transportation investigated a rash of tree killings that were all in close proximity to highway billboards. While the state allows cutting within 250 feet of billboards, the destruction occurred far beyond the legal limits. • In 2001, Hollywood, California, individuals in unmarked trucks similarly hacked trees that blocked visibility of billboards. This area had increasing problems of such activities, where, for example, 10 trees were cut in one month, followed by another 20 trees the next. • In 1996, New York, NY, an individual named Andrew Campanile was convicted of killing trees to increase the visibility of billboards on 31st Street and on Broadway that were being blocked by the trees. Mr. Campanile worked for a DOCO NDEX 9 9 billboard company at the time. After his arrest, Mr. Campanile refused to disclose his employer, but detectives realized that all three locations where trees were chopped down were in front of signs owned by Transportation Displays Inc., a billboard company in Manhattan. Transportation Displays subsequently agreed to pay $34,000 to plant 69 saplings in the three locations and elsewhere in Queens, although no charges were filed against the company. Attachments: Exhibit "A" — Industiy List A. RMS 11 406 Detailed Industry Codes Exhibit `B" — Slate of Minnesota ins. Randall R. Gritz, Sharron Grilz, et al Exhibit "C" — Nees Article entitled "A Crime by the Highway: Poisoning trees to make billboards easier to see" Exhibit "D" — City of Yakima permit data, for billboards. DOCO, MDEM 10 Industry List A. RIMS 11 406 Detailed Industry Codes Detailed industry code and title Related 2002 Detailed industry code and title Related 2002 NA CS Codes NAICS Codes AGRICULTURE, FORESTRY, FISHING AND HUNTING MANUFACTURI- . �� NG � �� Crop production Food manufacturing 11 11C Oilseed and grain farming ...._...... ................ ...., 11111-2,11113-6. 311111 Dog and cat food manufacturing ,_ _ _. .... _...., 311111 11119 311119 Othei animal loud manufadwiug. 311119 111200 Vegetable and melon farming ,., ..... : 1112 311210 Flour milling and malt manufacturing 31121 1113BO Fruit and nutfarming.,,_.... ........... . . ...._.: ..,:.._ 11131-2,1113314, 311221 Wet corn milling 311221 111335-6, 111339 31122A Soybean and other oilseed processing , ,,,,,,,,,,,,,, 311222-3 111400 Greenhouse, nursery, and floriculture production 1114 311225 Fats and oils refining and blending ..,, .._ _, . ., ,_ _. 311225 111910 Tobacco farming ,. ..... .. ,. 11191 311230 Breakfast cereal manufacturing _ _ . _,., _ _ 311230 111920 Cotton farming . ..,,___. .. .... _............. 11192 31131A Sugarcane mills and refining ,_ 311311-2 111 9C All other crop farming, including sugarcane and sugar 11193-4, 111991-2, beet farming ... .... . .. ...•...:.„, . „ „""„ 111998 311313 Beet sugar manufacturing,.,.. __ .•. _ „... 311313 311320 Chocolate and confectionery manufacturing from cacao beans _ ... 31132 Animal production 311330 Confectionery manufacturing from purchased chocolate 31133 1121AO Cattle ranching and farming .............. 11211, 11213 311340 Nonchocolate confectionery manufacturing.........._ •............ 31134 112120 Dairy cattle and milk production ...,.. ........ ........... 11212 311410 Frozen food manufacturing, 31141 112AOD Animal production, except cattle and poultry and eggs ...,,- 1122, 1124-5, 1129 311420 Fruit and vegetable canning, pickling, and drying..-., .- _ 31142 112300 Poultry and egg Production 1123 31151A Fluid milk and butter manufacturing,,,,,, ..— .. 311511-2 311513 Cheese manufacturing ......... ,,,. ................ 311513 Forestry and logging Dry, condensedand eva P ry product 311514 D , orated dairy 113A00 Forest nursedes, forest products, and timber tracts p 1131-2 manufacturing .,.._ .. 311514 113300 Logging .....,.... .......... ...,.................... 1133 311520 Ice cream and frozen dessert manufacturing ,.. _ .. 311520 31161A Animal (except poultry) slaughtering, rendering, and Fishing, hunting and trapping processing 311611-3 1't 4100 Flshing ,,,,.. , .., . ..... ............ . .. . .. „ .,.:, , ,., 1141 311615 Poultry processing .,. . .... ...... ....... ..,.. 311615 114200 Hunting and trapping. _ ........... ............ ......_... 1142 311700 Seafood product preparation and packaging. ....... 3117 311810 Bread and bakery product manufactudng.......... _................ 31181 Support activities for agriculture and forestry 311820 Cookie, cracker, and pasta manufacturing 31182 11 50D Support activities for agriculture and forestry .,,,,. 115 311830 Tortilla manufacturing ,... ,..... . ...... ............... 31183 311910 Snack food manufacturing ................... .............. ........ ..,,,.. 31191 MINING 311920 Coffee and lea manufacturing .... . ......... ...... . 31192 Oil and gas extraction 311930 Flavoring syrup and concentrate manufacturing,r", 31193 211 ODO Oil and gas extraction ...... .......... 211 311940 Seasoning and dressing manufacturing .._. ---11-._ 31194 311990 All other food manufacturing _ ............. ........ ..... ..... ...,......., 31199 Coal mining 212100 Coal mining ... ...... ................... ...............„..,_„,..,,,....,,........,.. 2121 Beverage manufacturing 312110 Soft drink and ice manufacturing .................:......... ..... ..... 31211 Metal ores mining 312120 Breweries..............:...........:..".,....,........ 31212 212210 Iron ore mining.......... ...... .............. .................. ... 21221 312130 Wineries . .... _.__ ,.. _.. 31213 2122AO Gold, silver, and other metal ore mining .......................... 21222, 21229 312140 Distilleries .,.....,... 31214 212230 Copper, nickel, lead, and zinc mining ..,.. ................._....,.... 21223 Tobacco manufacturing Nonmetallic mineral mining and quarrying 3122AO Tobacco product manufacturing . ................... 3122 212310 Stone mining and quarrying ......................... .. ......... 21231 212320 Sand, gravel, clay, and ceramic and refractory minerals 21232 Tex'file mills mining and quarrying .......... ......... ........ ......... 313100 Fiber, yam, and thread mills ,..,,.... ..... ............... .."...•....... 3131 212390 Other nonmetallic mineral miningand quarrying q crying M ............... 121239 313210 Broadwoven fabric mills...................e.............,,........,,,,..,... 31321 313220 Narrow fabric mills and schifili machine embroidery,.,........ 31322 Support activities for mining 313230 Nonwoven fabric mills .... ..........._,...,,„. ...... ...,.... ... .......... 31323 213111 Drilling oil and gas wells....: ........ : .......... .......... 213111 313240 Knit fabric mills......,, — ... , . ........ ..... :... .,....... ....... 31324 213112 Support activities for oil and gas operations ........ ........ _. 213112 313310 Textile and fabric finishing mills 31331 21311A Support activities for other mining...... 213113-5 313320 Fabric coating mills . .,, .... ..... .......... .... ....,,, 31332 UTILITIES Textile product mills Electric power generation, transmission, and distribution 314110 Carpet and rug mills,....„ .:........ ......:............ ..................... _.., 31411 2211A0 Electric power generation, transmission, and distribution... 2211” 314120 Curtain and linen mills,, . ....... . ... .. 31412 314910 Textile bag and canvas mills._ .... ... 31491 Natural gas distribution 314990 All other textile product mills ...., .. ,• ..,.... ". ..............._. 31499 221200 Natural gas distribution .... 2212 Apparel manufacturing Water, sewage and other systems 315100 Apparel knitting mills ......._.... 31511, 31519 221300 Water, sewage and other systems__ .......... ....._ .. 2213 315210 Cul and sew apparel contractors .,. .•...•.:, .,_. 31521 315220 Men's and boys' cut and sew apparel manufacturing ,.,,•.,•.,. 31522 CONSTRUCTION 1 315230 Women's and gids' cul and sew apparel manufacturing,_,., 31523 Construction 315290 Other cut and sew apparel manufacturing ................:..:....._.. 31529 230000 t'„a,bn,,hu ction _„ ,. ..... . 23 315900 Apparel accessories and other apparel manufacturing ,... 3159 s WWD EXu III omn Industry List A. RIMS 11 406 Detailed Industry Codes Detailed industry code and title I NA CS Codes ated 2002 1 Detailed industry code and title Re ated 2002 NAICS Codes Leather and allied product manufacturing 316100 Leather and hide tanning and finishing ............................... 316200 Footwear manufacturing ... ................ ....... ........................... 316900 Other leather and allied product manufacturing .................. Wood product manufacturing 321100 Sawmills and wood preservation ........................................ 32121A Veneer and plywood manufacturing ................................... 321218 Engineered wood member and truss manufacturing .......... 321219 Reconstituted wood product manufacturing ............. :,......,., 321910 Wood windows and doors and millwork ............................... 321920 Wood container and pallet manufacturing ............. 321991 Manufactured home (mobile home) manufacturing............ 321992 Prefabricated wood building manufacturing..........„....,„....... 321999 All other miscellaneous wood product manufacturing ....,.:- Pulp, paper, and paperboard mills 322110 Pulp mills.. ............ ............... ...................... ............... 322120 Papermills ............ ........ ,.........,.......... ,................. .,......... .... 322130 Paperboard Mills., .................. .... . ., .1 ...................... .. Converted paper product manufacturing 322210 Paperboard container manufacturing .................................. 32222A Coated and laminated paper, packaging paper and plastics film manufacturing.. ..... ..... .... ...................... .. 32222B All other paper bag and coated and treated paper manufacturing .. ... ,........I ............................. ....... 322230 Stationery product manufacturing ................................... ... 322291 Sanitary paper product manufacturing ................................ 322299 All other converted paper product manufacturing.„ ............. Printing and related support activities 323110 Printing...„ ..................................... .... 323120 Support activities for printing......................................... Petroleum and coal products manufacturing 324110 Petroleum refineries............................................................. 324121 Asphalt paving mixture and block manufacturing., 324122 Asphalt shingle and coating materials manufacturing ........ 324191 Petroleum lubricating oil and grease manufacturing.....,,.„... 324199 All other petroleum and coal products manufacturing .....,.. Basic chemical manufacturing 325110 Petrochemical manufacturing ................................„............. 325120 Industrial gas manufacturing ............................................... 325130 Synthetic dye and pigment manufacturing...., ............ 325101 Alkalies and chlorine manufacturing ................................... 325182 Carbon black manufacturing .............................................. 325188 All other basic inorganic chemical manufacturing ............... 325190 Other basic organic chemical manufacturing ...................... Resin, rubber, and artificial fibers manufacturing 325211 Plastics material and resin manufacturing.„......,-..„ ............. 325212 Synthetic rubber manufacturing........._ ...............................„ 325220 Artificial and synthetic fibers and filaments manufacturing Agricultural chemical manufacturing 325310 Fertilizer manufacturing....................................................... 325320 Pesticide and other agricultural chemical manufacturing ... Pharmaceutical and medicine manufacturing 325411 Medicinal and botanical manufacturing ......,.,..„.................. 325412 Pharmaceutical preparation manufaclunng..,..,,..<..„..,.,....., 325413 In -vitro diagnostic substance manufacturing... 325414 Biological product (except diagnostic) manufacturing .......,. 3161 3162 3169 3211 321211-2 321213-4 321219 32191 32192 321991 321992 321999 32211 32212 32213 32221 SYYYY;b] 322223-6 32223 322291 322299 32311 32312 32411 324121 324122 324191 324199 32511 32512 32513 325161 325162 325188 32519 325211 325212 32522 325311-4 325320 325411 325412 325413 325414 Paint, coating, and adhesive manufacturing 325510 Paint and coating manufacturing ........ .......................... 325520 Adhesive inanufacturing ... ..... ...... .. . p, cleaning compound, and toiletry manufacturing 325610 Soap and cleaning compound manufacturing .................... 325620 Toilet preparation manufacturing ........................................ ,or chaminal prodnrt and preparation manufacturing 325910 Printing ink manufacturing................................................... 3259AO All other chemical product and preparation manufacturing Plastics and rubber products manufacturing 326110 Plastics packaging materials and unlaminaled film and sheet manufacturing..........._............................._................., 326121 Unlaminated plastics profile shape manufacturing ............. 326122 Plastics pipe and pipe fitting manufacturing ........................ 326130 Laminated plastics plate, sheet (except packaging), and shape manufacturing.............................................................. 326140 Polystyrene foam product manufacturing ...„.„.......,..„.......... 326150 Urethane and other foam product (except polystyrene) manufacturing ........................... ............ ................-......... ..... 326160 Plastics bottle manufacturing ........................ 32619A Other plastics product manufacturing... 326210 Tire manufacturing.............................................................. 326220 Rubber and plastics hoses and balling manufacturing....... 326290 Other rubber product manufacturing ........................„...,..,... Nonmetallic mineral product manufacturing 32711A Pottery, ceramics, and plumbing fixture manufacturing„..... 32712A Brick, tile, and other structural clay product manufacturing 327128 Clay and nonclay refractory manufacturing ........................ 327211 Flat glass manufacturing..................................................... 327212 Other pressed and blown glass and glassware manufacturing...................................................................... 327213 Glass container manufacturing 327215 Glass product manufacturing made of purchased glass..... 327310 Cement manufacturing.„....................................................„. 327320 Ready -mix concrete manufacturing ................................... 327330 Concrete pipe, brick, and block manufacturing, ............. 327390 Other concrete product manufacturing ......... .................... „. 3274AO Lime and gypsum product manufacturing.„ ... ..... ....... .„......... 327910 Abrasive product manufacturing ............... .............. 327991 Cut stone and stone product manufacturing ....................... 327992 Ground or treated mineral and earth manufacturing........... 327993 Mineral wool manufacturing ................................................ 327999 Miscellaneous nonmetallic mineral products ...................... i and steel mills and manufacturing from purchased steel 331110 Iron and steel mills and ferroalloy manufacturing ....„.......... 331200 Steel product manufacturing from purchased steel ............ Nonferrous metal production and processing 33131A Alumina refining and primary aluminum production.,.......... 331314 Secondary smelling and alloying of aluminum ................... 33131 B Aluminum product manufacturing from purchased aluminum............................................................................. 331411 Primary smelting and refining of copper ............................. 331419 Primary smelting and refining of nonferrous metal (except copper and aluminum)........................................................ 331420 Copper rolling, drawing, extruding and alloying .................. 331490 Nonferrous met ...........) rolling, drawing, llg and alloying copper and aluminum) I Foundries 32551 32552 32561 32562 32591 32592,32599 32611 326121 326122 32613 32614 32615 32616 32619 32621 32022 32629 32711 327121-3 327124-5 327211 327212 327213 327215 32731 32732 32733 32739 3274 32791 327991 327992 327993 327999 3311 33121,33122 331311-2 331314 331315,331316, 331319 331411 331419 33142 133149 331510 Ferrous metal foundries- ... ......... ........... ................ ......,,..... 133151 331520 Nonferrous metal foundries....,„ .......................................... 33152 DO,C �p®® n ON Industry List A. RIMS 11406 Detailed Industry Codes Detailed industry code and title Related 2002 NAICS Codes Detailed industry code and title Related 2002 NAICS Codes Forging and stamping 333515 Cutting tool and machine tool accessory manufacturing.,- 333515 33211A All other forging, stamping, and sintering .......................... 332111-2, 332117 33351B Rolling mill and other metalworking machinery 332114 Custom roll forming.............................................................. 332114 manufacturing..................,............,.....•.....,......................... 333516, 333518 332110 Crown and closure manufacturing and metal stamping....,, 332115-6 Engine, turbine, and power transmission equipment Cutlery and handtool manufacturing manufacturing 33221A Cutlery,utensil, pot, and an manufacturing P P 9 �� • •�•��•��•��• 332211, 332214 333611 Turbine and turbine generator set units manufacturing...... 333611 33221 B Handtool manufacturing ................ ............................ 332212-3 333612 Speed changer, industrial high-speed drive and gear manufacturing ................. ........................ ........... ..........333612 333613 Mechanical power transmission equipment manufacturing 333613 Architectural and structural metals manufacturing 333618 Other engine equipment manufacturin 333618 332310 Plate work and fabricated structural product manufacturing' 33231 architectural metal products 332320 Ornamental and arch....... (Other general purpose machinery manufacturing manufacturing „ . .... • ..... . 33232 333911 Pump and pumping equipment manufacturing.................. 333911, 333913 Boiler, tank, and shipping container manufacturing 333912 Air and gas compressor manufacturing ............................. 333912 332410 Power boiler and heat exchanger manufacturing ............... 33241 333920 Material handling equipment manufacturing ....................... 333921-4 332420 Metal tank (heavymanufacturing 33242 g ...., ................... 333991 and 332430 Metal can, box, d other metal contai ehl r (light a (g gauge) 33399A Other g333991 purpose machinery manufacturing ... ..,...,,... 333992, 333997, manufacturing .... 33243 333999 333993 Packaging machinery manufacturing.................................. 333993 Ordnance and accessories manufacturing 333994 Industrial process furnace and oven manufacturing......,.... 333994 33299A Ammunition manufacturing ........................... ...... 332992-3 333998 Fluid power process machinery .....,..,...,,..................... ,.....• 333995-6 332998 Arms, ordnance, and accessories manufacturing............... 332994-5 Computer and peripheral equipment manufacturing Other fabricated metal product manufacturing 334111 Electronic computer manufacturing.................................... 334111 332500 Hardware manufacturing334112 3325 Computer storage device manufacturing ............................. 334112 332600 Spring and wire productmanufacturing........_...... 3326 33411A Computerpuler peripheral tmanlufacturing they computer en heral P.. eral. ... equipment .... ..•••• ••• 334113, 334119 332710 Machine shops......,.-........................................................... 33271 332720 Turned product and screw, nut, and bolt manufacturing ..,. 33272 Audio, video, and communications equipment manufacturing 332800 Coating, engraving, heat treating and allied activities ......,. 3328 334210 Telephone apparatus manufacturing .............. 33421 33291A Valve and fittings other than plumbing ............................... 332911-2, 332919 334220 Broadcast and wireless communications equipment.......... 33422 332913 Plumbing fixture fitting and trim manufacturing................... 332913 334290 Other communications equipment manufacturing .............. 33429 332991 Ball and roller bearing manufacturing.................................. 332991 334300 Audio and video equipment manufacturin 3343 332996 Fabricated pipe and pipe fitting manufacturing ................... 332996 33299C Other fabricated metal manufacturing .............................. 332997-9 Semiconductor and other electronic component manufacturing 334411 Electron tube manufacturing................................................ 334411 Agriculture, construction, and mining machinery manufacturing 334412 Bare printed circuit board manufacturing ............................. 334412 333111 Farm machinery and equipment manufacturing ................. 333111 334413 Semiconductor and related device manufacturing334413 333112 Lawn and garden equipment manufacturin gg .................. 333112 33441AElectronictransformer, an l d other .or. coil, Ora.......... l........................... 333120 Construction machinery manufacturing ................. 33312 inductor manufacturing ............... ..,.....,.... 334414-6 333130 Mining and oil and gas field machinery manufacturing...,..., 33313 334417 Electronic connector manufacturing.................................,.. 334417 334418 Printed circuit assembly (electronic assembly) Industrial machinery manufacturing manufacturing..................................................................... 334418 33329A Other industrial machinery manufacturing .......................... 33321, 333291-4, 1 334419 Other electronic component manufacturing........................ 334419 333298 333220 Plastics and rubber industry machinery manufacturing ...... 33322 Electronic instrument manufacturing 333295 Semiconductor machinery manufacturing .......................... 333295 334510 Electromedical and electrotherapeutic apparatus manufacturing..................................................................... 334510 Commercial and service industry machinery manufacturing 334511 Search, detection, and navigation instruments 33331A Vending, commercial, industrial, and office machinery manufacturing...................................................................... 334511 manufacturing..................................................................... 333311-3 334512 Automatic environmental control manufacturing..........,.... 334512 333314 Optical instrument and lens manufacturing ........................ 333314 334513 Industrial process variable instruments manufacludng....,.. 334513 333315 Photographic and photocopying equipment manufacturing 333315 334514 Totalizing fluid meters and counting devices maaufadurmt 334514 333319 Other commercial and service industry machinery 333319 334515 Electricity and signal testing instruments manufacturing..,.. 334515 manufacturing ................._•..........,..,........................ 334516 Analytical laboratory instrument manufacturing.........,,....... 334516 334517 Irradiation apparatus manufacturing.......... ....................„,.,. 334517 HVAC and commercial refrigeration equipment manufacturing 33451A Watch, clock, and other measuring and controlling device 33341A Air purification and ventilation equipment manufacturing ... 1333411-2 manufacturing........-............................................................ 334518-9 333414 Heating equipment (except warm air furnaces) manufacturing................................................... ........ '333414 Manufacturing and reproducing magnetic and optical media 333415 Air conditioning, refrigeration, and warm air heating 33461 A Software, audio, and video media reproducing .................. 334611-2 equipment manufacturin9 ............................................ J 333415 334613 Magnetic and optical recording media manufacturing ....,-. 334613 Metalworking machinery manufacturing Electric lighting equipment manufacturing 333511 Industrial mold manufacturing............................................. 333511 335110 Electric lamp bulb and part manufacturing ........................ 33511 33351A Metal cutting and forming machine tool manufacturing.,,.,.. 333512-3 335120 Lighting fixture manufacturing ....,........................................ 33512 333514 Special tool, die, jig, and fixture manufacturing ...............— 333514 ^. ,...e I ONDEX �.— Industry List A. RIMS 11 406 Detailed Industry Codes Detailed industry code and title Household appliance manufacturing 335210 Small electrical appliance manufacturing ,. 335221 Household cooking appliance manufacturing 335222 Household refrigerator and home freezer manufacturing 335224 Household laundry equipment manufacturing 335228 Other major household appliance manufacturing,. .. Electrical equipment manufacturing 335311 Power. distribution, and specialty transformer mana�dacludnil ,.. 335312 Motor and generator manufacturing..,.. ..... , 335313 Switchgear and switchboard apparatus manufacturing -. 335314 Relay and industrial control manufacturing ........................ Other electrical equipment and component manufacturing 335911 Storage battery manufacturing. ......... 335912 Primary battery manufacturing ........ 335920 Communication and energy wire and cable manufacturing 335930 Wiring device manufacturing— ,,.,... , . ......... 335991 Carbon and graphite product manufacturing—, _ _ __ .. . 335999 All other miscellaneous electrical equipment and component manufacturing................................................. Motor vehicle manufacturing 336111 Automobile manufacturing.. ..... .............. .... .... ........ .....,. 336112 Light truck and utility vehicle manufacturing ,,,„................... 336120 Heavy duty truck manufacturing ....,. ........................... Motor vehicle body, trailer, and parts manufacturing 336211 Motor vehicle body manufacturing ...... ............. .......... ........ 336212 Truck trailer manufacturing . .,... _.,_..,- 336213 Motor home manufacturing. .... . 336214 Travel trailer and camper manufacturing ............. 336300 Motor vehicle parts manufacturing ......... ............................ Aerospace product and parts manufacturing 336411 Aircraft manufacturing......................................................... 336412 Aircraft engine and engine parts manufacturing „...... ,... 336413 Other aircraft parts and auxiliary equipment manufacturing 336414 Guided missile and space vehicle manufacturing- ., - ....... 33641A Propulsion units and parts for space vehicles and guided missiles.1-111 1. 11 1—— ................... ....... _ .......... Other transportation equipment manufacturing 336500 Railroad rolling stock manufacturing.,.....,.. 336611 Ship building and repairing .................................... 336612 Boat building .................... ........ ........ ............... ......... .........-... 336991 Motorcycle, bicycle, and parts manufacturing ...... 336992 Military armored vehicle, tank, and tank component manufacturing...... ......................... ............... ...... .......... 336999 All other transportation equipment manufacturing .............. Furniture and related product manufacturing 337110 Wood kitchen cabinet and countertop manufacturing, 337121 Upholstered household furniture manufacturing...,,„...,....... 337122 Nonupholstered wood household furniture manufacturing 33712A Metal and other household furniture (except wood) manufactudn 337127 Institutional furniture manufacturing .................................„.. 33721A Wood television, radio, and sewing machine cabinet manufacturing ,,, .,,,r.. 337212 Office furniture and custom architectural woodwork and millwork manufacturing ...., 337215 Showcase, partition, shelving, and locker manufacturing._. 337910 Mattress manufacturing 337920 Blind and shade manufacturing Related 2002 NAICS Codes Detailed industry code and title ..� 0'4aurddfraaB equipment and supplies manufacturing 33521 33911 A Laboratory apparatus and surgical appliance and supplies 335221 manufacturing .._.,.,- 335222 339112 Surgical and medical instrument manufacturing 335224 339114 Dental equipment and supplies manufacturing. 335228 339115 Ophthalmic goods manufactunng -„ 339116 Dental laboratories,-, rr .... .._..... .. . ..,.,.... 335311 335312 335313 335314 335911 335912 33592 33593 335991 335999 336111 336112 336120 336211 336212 336213 336214 3363 336411 336412 336413 336414 336415,336419 3365 336611 336612 336991 336992 336999 33711 337121 337122 337124-5 337127 337129 337211,337212 337214 337215 33791 33792 or miscellaneous manufacturing 339910 Jewelry and silverware manufacturing ............. ....,- 339920 Sporting and athletic goods manufacturing ......... ............ 339930 Doll, toy, and game manufacturing.._,...,.,......__.., ..... .,...,,. 339940 Office supplies (except paper) manufacturing .................. 339950 Sign manufacturing.., .......... ... ............ 339991 Gasket, packing, and sealing device manufacturing ,.,,....,, 339992 Musical instrument manufacturing 33999A All other miscellaneous manufacturing 339994 Broom, brush, and mop manufacturing ....... ........... . WHOLESALE TRADE Wholesale trade 420000 Wholesale trade...........................................�...................... RETAIL TRADE RelaII trade 4A0000 ReWf liade .......... TRANSPORTATION AND WAREHOUSING, EXCLUDING POSTAL SERVICE Air transportation 481000 Air transportation..-.... , ... Rail transportation 482000 Rall Water transportation 483000 Water transportation , ..„,..,: Truck transportation 484000 Truck transportation—, ...... Transit and ground passenger transportation 485A00 Transit and ground passenger transportation .................... Pipeline transportation 486000 Pipeline transportation Scenic and sightseeing transportation and support activities 48A000 Scenic and sightseeing transportation and support activities for transportation.................................................. Couriers and messengers 492000 Couriers and messengers,,. .. . .... .. Warehousing and storage 493000 Warehousing and storage ................................. ............ ..... INFORMATION Newspaper, periodical, book, and directory publishers 511110 Newspaper publishers,..,.._.............................................. 511120 Periodical pub0shers, ...... 511130 Book publishers.....,. ............. 5111A0 Directory, mailing list, and other publishers. ...,. Related 2002 NAICS Codes 339111,339113 339112 339114 339115 339116 33991 ''.....33992 33993 33994 33995 ,..339991 339992 339993,339995, 339999 339994 42 44,45 481 482 483 484 485' 486 487,488 492 493 51111 51112 51113 51114,51119 Software publishers 511200 Software publishers _' D00'111u 51121 ONI)E W N N.°mgr �,un�su. llu Industry List A. RIMS 11 406 Detailed Industry Codes Detailed industry code and title Related 2002 NAICS Codes Motion picture and sound recording industries 512100 Motion picture and video industries .................................... 5121 512200 Sound recording industries........„ ........................................ 5122 Radio and television broadcasting 515100 Radio and television broadcasting.........,„ .............„.........,... 5151 Cable networks and program distribution 515200 Cable and other subscription programming ........................ 5152 Telecommunications 517000 Tolecommurticatioris ,,.„,.,. ..... 517 Internet and other information services 51A000 Internet and other information services ...............„....„.....„„.. 516,518-9 FINANCE AND INSURANCE Monetary authorities, credit Intermediation and related activities 52A000 Monetary authorities and depository credit intermediation 521, 5221 522A00 Nondepository credit intermediation and related activities 5222-3 Securities, commodity contracts, investments, and related activities 523000 Securities, commodity contracts, investments, and related activities............................................. ,..... .... ,.................... .. 523 Insurance carriers and related activities 524100 Insurance carriers................................................................ 5241 524200 Insurance agencies, brokerages, and related activities__..,. 5242 Funds, trusts, and other financial vehicles 525000 Funds, trusts, and other financial vehicles__ ..................... 525 REAL ESTATE AND RENTAL AND LEASING Real estate 531000 Real estate........................................................................... 531 Owner -occupied dwellings 500800 Owner•owipled dwellings ........ .„,. n.a,. Automotive equipment rental and leasing 532100 Automotive equipment rental and leasing.......„ ................... 5321 Consumer goods and general rental centers 532A00 General and consumer goods rental except video tapes and discs ..... ............. ............................. ......................... ,..... 53221-2, 53229, 5: 532230 Video tape and disc rental ................................................... 53223 Commercial and industrial machinery and equipment rental and leasing 532400 Commercial and industrial machinery and equipment rental and leasing ......................... ..... ................................ ..., 5324 Lessors of nonfinancial intangible assets 533000 Lessors of nonfinancial intangible assets ..........................„ 533 PROFESSIONAL AND TECHNICAL SERVICES Legal services 541100 Legal services ................................. ...... ..................... ....„... 5411 Accounting, tax preparation, bookkeeping, and payroll services 541200 Accounting, tax preparation, bookkeeping, and payroll services............................... ...... ..... ............... ....... ............ 5412 Architectural, engineering, and related services 541300 Architectural, engineering, and related services.........._,.,.,„ 5413 Detailed industry code and title Specialized design services 541400 Specialized design services ................................................ Cosopmulm, systems design and related services 541511 Custom computer programming services ........................... 541512 Computer systems design services .................................... 54151A Other computer related services, including facilities management.............„..,,...............,.,..„.....„...,...,..,.,....„.....,..,. Management, scientific, and technical consulting services 541610 Management, scientific, and technical consulting services 5416AO Environmental and other technical consulting services...... Scientific research and development services 541700 Scientific research and development services .................... Advertising and related services 541800 Advertising and related services ...............„......................... Other professional, scientific, and technical services 5419AO All other miscellaneous professional, scientific, and technical services.. .. .... ............ . .. ................. ........... ..... 541920 Photographic services........................................................ 541940 Veterinary services ...... .................. ..........„............ ,............. MANAGEMENT OF COMPANIES AND ENTERPRISES Management of companies and enterprises 550000 Management of companies and enterprises ..................„..... ADMINISTRATIVE AND WASTE SERVICES Employment services 561300 Employment services.......................................................... Travel arrangement and reservation services 561500 Travel arrangement and reservation services ..,.,.. „..... All other administrative and support services 561100 Office administrative services .........................................„... 561200 Facilities support services.... „........._ ................................ 561400 Business support services ................................... ...... ....„.... 561600 Investigation and security services ...................................... 561700 Services to buildings and dwellings .................................... 561900 Other support services........................................................ Waste management and remediation services 562000 Waste management and remediation services, .................. EDUCATIONAL SERVICES Educational services 611100 Elementary and secondary schools ................................... 611A00 Junior colleges, colleges, universities, and professional schools... ........... I ......... 611800 Other educational services ................................................ HEALTH CARE AND SOCIAL ASSISTANCE Ambulatory health care services 621A00 Offices of physicians, dentists, and other health practitioners...............................................„.„........,..........,.. 621 B00 Medical and diagnostic labs and outpatient and other ambulatory care services ....... ......„....,.,........... .........,,......,., 621600 Home health care services ................................................. Related 2002 NAICS Codes 5414 541511 541512 541513,541519 54161 54162,54169 5417 5418 54191,54193,54199 54192 54194 55 5613 5615 5611 5612 5614 5616 5617 5619 562 6111 6112-3 6114-7 6211-3 6214-5, 6219 6216 622000 Hospitals.„..,....„..........„.............„.....,..........................„. 622 sing and residential care facilities 623000 Nursing and residential care facilities ................................. 623 D000 PNDEX ++II u)- Industry List A. RIMS 11 406 Detailed Industry Codes Detailed industry code and title Related 2002 N NAICS Codes Detailed industry code and title Related 2002 I NAICS Codes Social assistance 624AOO Individual and family services .............................................. 624200 Community food, housing, and other relief services, including rehabilitation services ........................................... 624400 Child day care services...................................................... ARTS, ENTERTAINMENT, AND RECREATION Performing arts, spectator sports, museums, zoos, and parks 711100 Performing arts companies ................................................. 711200 Spectator sports-- ......... ....................... - ................ 711AOO Promoters of performing arts and sports and agents for publicfigures........................--.......................................... 711500 Independent artists, writers, and performers ...................... 712000 Museums, historical sites, zoos, and parks ........................ Amusements, gambling, and recreation 713AOO Amusement parks, arcades, and gambling industries........ 713BOO Other amusement and recreation industries ....................... 713940 Fitness and recreational sports centers .............................. 713950 Bowling centers...„ ................................... ......................... ACCOMMODATION AND FOOD SERVICES Accommodation 7211A0 Hotels and motels, including casino hotels. .............. 721A00 Other accommodations— .., - ... Food services and drinking places 722000 Food services and drinking places—..,..- ............................ OTHER SERVICES EXCEPT PUBLIC ADMINISTRATION Automotive repair and maintenance 8111 AO Automotive repair and maintenance, except car washes ... 811192 Car washes.......................................................................... n.a. Not applicable. " Includes Federal Government enterprises. Electronic, commercial, and household goods repair 6241 811200 Electronic and precision equipment repair and maintenance ....................................................................... 8112 6242-3 811300 Commercial and industrial machinery and equipment 6244 repair and maintenance ...................................................... 8113 811400 Personal and household goods repair and maintenance... 8114 81111-2,811191„ 811198 811192 DOC. INDEX -Tw . Personal and laundry services 8131 7111 812100 Personal care services........................................................ 8121 7112 812200 Death care services............................................................ 8122 71394 812300 Dry-cleaning and laundry services, . ..... -- ........ 8123 7113-4 812900 Other personal services...................................................... 8129 7115 SPECIAL INDUSTRIES 712 Religious, grantmaking, giving, and social advocacy 81111-2,811191„ 811198 811192 DOC. INDEX -Tw . 813100 Religious organizations....................................................... 8131 7131-2 813AOO Grantmaking, giving, and social advocacy organizations... 8132, 8133 71391-3,71399 71394 Civic, social, professional and similar organizations 71395 813800 Civic, social, professional, and similar organizations........,. 8134, 8139 SPECIAL INDUSTRIES Federal, state, and local government enterprises 72111-2 491000 Postal service...................................................................... 491 72119, 7212-3 SOOA00 Other government enterprises ............................................ n.a. Private households 722 1-100000 Households,, ............ .................. ................................ n.a. 81111-2,811191„ 811198 811192 DOC. INDEX -Tw . 62 -CV -10-5746 Filed in Second Judicial District COLO, 9/26/2013 11:45:22 AM Ramsey County Civil, MiN Exhibit "B" STATE OF MINNESOTA COUNTY OF RAMSEY CONDEMNATION IN DISTRICT COURT SECOND JUDICIAL DISTRICT Court File No.: 62 -CV -10-6746 State of Minnesota, by its Commissioner of Transportation, Petitioner, vs. Randall R. Grilz, Sharon Grilz, Donald M. Grilz, Union Pacific Railroad Company, successor in interest by merger to the Chicago and North Western Railway Company, Maytag Corporation, successor in interest to Chicago Pacific Corporation and to Chicago, Rock Island and Pacific Railroad Company, Northern States Power Company, doing business as Xcel Energy, Qwest Corporation, successor in interest to U S West Communications, Inc. and to Northwestern Bell Telephone Company, Unknown successors in interest to Pier Foundry & Pattern Shop, Inc., a statutorily dissolved Minnesota corporation, City of St. Paul, County of Ramsey, CHS Inc., Donerly, Inc., Clear Channel Outdoor, Inc., J;M. Keefe Co., doing business as Keefe Co, Parking, 444 Lafayette, LLC, State of Minnesota Department of Natural Resources, LaSalle Bank, I National Association, NGP Lafayette Portfolio Owner Corp., Meritex Enterprises, Inc., Holiday Stationstores, Inc., Naegele Realty of Minnesota, Inc., formerly known as Naegele Outdoor Advertising, Inc., a statutorily dissolved Minnesota corporation, J - Mont, Inc., Anchor Bank, National Association, successor in interest by corporate merger, consolidation, amendment, or conversion to The Bank of Saint Paul, Judith A. Kaufman, Jay W. Montpetit, Michelle Montpetit, Port Authority of the City of St. Paul, BNSF Railway Company, formerly known as The Burlington Northern and Santa Fe Railway Company, and as Burlington Northern Railway Company successor in interest to the Northern Pacific Railway Company, and to The First Division of the St. Paul and Pacific Railroad Company, and to The St, Paul, Minneapolis, and Manitoba Railway Company, City of Minneapolis, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Petition herein, Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS FOR TRUNK HIGHWAY PURPOSES REPORT OF COMMISSIONERS EFFORT OF COMMISSIONERS To the Court above named: The undersigned Commissioners appointed by this Court in the above entitled matter by Order of the Court, do hereby report as follows: I. We met at the time and place appointed by the Court, in the office of the Court Administrator, and took the oath prescribed by law. We make the following award for the damages sustained by the several respondents by reason of the taking. 2 62 -CV -10-6746 As to the property interests described as Parcel 251E, C,S. 6283 (94=392) 901: Holiday Stationstores, Inc. ) $441 840.1.00 Clear Channel Outdoor, Inc. ) $4,321.000 00 Naegele Realty of Minnesota, Inc., formerly known as Naegele Outdoor Advertising, Inc. State of Minnesota Department of Natural Resources NONE NONE Northern States Power Company, ) doing business as Xcel Energy ) NONE City of St. Paul ) NONE J -Mont, Inc. ) NONE County of Ramsey ) NONE The above award is made on the basis and condition that the date of passage of title and right of possession and the date of valuation is October 8, 2010, pursuant to Minn. Stat. § 117.042. The above award of commissioners is based on the condition that the real estate taxes due and payable 2010 or in prior years on the lands acquired by the State and all unpaid special assessments and future installments thereof, as well as pending assessments, are the responsibility of the owners or lessees herein, except that petitioner is responsible for and will pay real estate taxes, if any, payable in 2011 on the real estate acquired herein by petitioner. As a further basis and condition of this award, Holiday Stationstores acknowledges the receipt of $160,000.00 on or about October 8, 2010, Clear Channel Outdoor, Inc. acknowledges the receipt of $500,000.00 on or about October 8, 2010. Said funds were paid to owners pursuant to Minn. Stat._ § 117.042. These previous payments will be credited against full payment of the above amounts. 3 The above award is made on the basis and condition that the State of Minnesota and the owners have agreed to said award and that interest shall be paid on said award at the statutory rate. The commission has not considered the impact of pollutants, contaminants, or hazardous materials on the subject property, if any, in its assessment of damages. We further report that in the performance of our duties as Commissioners we were occupied for day(s). Dated: a%- o7lP SINNED;. Marilyn iichales - il-6 8teph nie Warne i "cb�7d Black COMMISSIONERS 4 J��!:,�xhibit "C" A crime by the highway: Poisoning trees to niake billboards easier to see By Investigations Thursday Apr 26, 2012 12:05 AM EMML By Myron Levin, Lilly Fowler and Stuart Silverstein FairWarning.org 9 Tallahassee Democrat Robert Barnhart, right, and his wife, Kimberly. Barnhart claims he was fired by Lamar Advertising in August 2011 when he refused to continue poisoning trees that blocked the view of Lamar billboards. He has been granted immunity in a criminal investigation, and has sued over loss of his job. Robert J. Barnhart was a crew chief for a billboard company, and a soldier in a war on trees. Trees were the enemy if they spoiled the view of a billboard. On days of an attack, Barnhart, 27, would arrive by dawn at Lamar Advertising Co. in Tallahassee, Fla. After removing the magnetic Lamar logo from a company truck, he would set forth with a http://investigations.nbcnews.com/_news/2012/04/26/11402635-a-crime-by-the-highway- @g- trees-to-make-billboards-easier-to-see?lite# INDEX machete, a hospital mask and a container of what he described as a "pretty gnarly" herbicide. It was all about being fast: Hack into the roots or base of the tree, douse the wound with herbicide, and get out of there. The Lamar executive who gave the orders, said Barnhart, called it "a hit and run." Barnhart's account, detailed in oii,� t Il)apers and in stale n unts to VInv s a )ung, is the focus of a criminal investigation. It also is the basis for a whistleblower suit in which Barnhart, who through his lawyer declined to be interviewed, maintains that he was fired because he would not keep poisoning trees. His claims are supported by sworn testimony from Barnhart's former supervisor, Chris Oaks, who admitted that he, too, had illegally poisoned trees before Barnhart took over in 2009 as poisoner -in -chief. As long as there have been billboards, trees have been getting in the way. And billboard companies have been removing them — sometimes legally, sometimes not. News archives are replete with accounts of mysterious tree disappearances near billboard sites. Usually, no one gets caught, due to lack of evidence or to officials failing to aggressively pursue those responsible. North Carolina Department of Transportation http:Hinvestigations.nbcnews.com/_news/2012/04/26/11402635-a-crime-by-the-highway-poisoning- trees-to-make-billboards-easier-to-see?lite# Poisoned trees near a billboard for a topless dance joint in North Carolina in 2006. Fewer trees means more viewing time for motorists, and more money for billboard operators. A 500- foot clearance in front of a sign creates more than five seconds of viewing time for a motorist going 60 mph. It's uncertain if the Tallahassee tree -poisonings were isolated, or reflect a pattern at Lamar. The Baton Rouge, La., company has nearly 150,000 billboards, more than any other U.S. outdoor advertising firm. Barnhart and Oaks said they acted under orders from Lamar's former regional manager, Myron A. "Chip" LaBorde, who ran company operations in Florida and Georgia and was past president of the Florida Outdoor Advertising Association LaBorde died of pancreatic cancer last summer. Hal Kilshaw, a Lamar vice president and chief spokesman, declined to discuss the criminal investigation, but said "cutting of trees or poisoning of trees without the required permits would be contrary to company policy." Charges in the tree -poisoning case could be filed soon. Meanwhile, another tree -killing binge in the Florida panhandle has also drawn attention. In that episode, billboard operator Bill Salter Outdoor Advertising cleared more than 2,000 trees from public rights of way to enhance views of its signs. Florida transportation officials acted "in flagrant violation of the law" in issuing permits for the cutting, a grand jury found in Jar -wary, because, among other things, they did not require Salter to compensate the state for the loss of the trees, valued at $1 million to $4 million. The permits were issued to Salter after a state legislator, Greg Evers, intervened by making calls to the state Department of Transportation. The agency is currently negotiating with Salter for repayment. Tree pruning also happens routinely, and legally, by arrangement between billboard operators and private landowners. The industry has lobbied for state laws to allow tree - cutting along public highways under certain conditions. According to the Outdoor Advertising Assn. of America, the industry trade group, 29 states, including Florida, have "reasonable" regulations on clearing vegetation that blocks views of signs. The group says on its website: "The OAAA discourages vegetation control that is not irk compliance with state and local laws and regulations." INDIV . L,w.. . http://investigations.nbcnews.com/_news/2012/04/26/11402635-a-crime-by-the-highway-poisoning trees -to -m a ke-bi I I boa rds-eas i e r -to -see? I ite# However, environmental groups have criticized these laws, asking why publicly owned trees that provide beauty and shade should be removed to accommodate advertising signs. Though billboard companies pay for the cutting, critics say permit fees and compensation for destroyed trees do not meet the real cost to taxpayers. Moreover, they note, in states that permit vegetation removal, illegal cutting still takes place. Lamar's Kilshaw said his company's record is good. "We have over 150 offices, we have thousands of employees, we've been in business over 100 years," he said. The record shows Lamar is "doing the right thing almost all the time, almost everywhere." 'An honest, legitimate mistake' In 2008, Lamar was sued II:)y fl,ie state of D::mnecfli -Iliiut after the company and a tree service trespassed on state land and removed 83 trees along Interstate 84, including oak, spruce, maple and birch trees up to 37 inches in diameter. They "swept a swath of destruction," said thein AttorineyGenera° f' uchard Bhp i r�enlha. , "obliterating a vital environmental buffer protecting homeowners from noxious noise and views." The problem was that Lamar had a permit to trim — not cut down — trees. It also felled trees outside the permitted area. rrm Florida Office of Agricultural Law Enforcement uuuw�ii" 0111 ' um ..DEW Ir. An oak tree in Florida allegedly poisoned by Robert Barnhart. The tree "had signs of dying and chop marks near the base," said the report by Florida investigators. http://investigations.nbcnews.com/_news/2012/04/26/11402635-a-crime-by-the-highway-poisoning- trees-to-make-billboards-easier-to-see?lite# lt was "'an honest, legitimate irnistake," IKillshaw said, ad6ng that a state transportation officiaN had observed the work wNthout rausirig objections. E3t.it ajudge found Lamar liable 0 October, 2010. lin llieu of payirig darrages, Larnar agreed to fund a replanting progirarn for an estimated $181,000. In 2009, Larnar Yvas forc.ed to pay about $182,000 to an urate Ohio couple for illegaHy felling 34, trees or -i their property to improve vlews of a ii n. 'I he dispute began in the late 1990s when, according to John IE Nust, he and Ns wife relbuffed Larnair's offer to plant a sign oirland they owned 41 the Dayton subiurb of VISIMENIUM A neighbor proved more obliging, and the billboard went up there. But it turned out th -n the Blusts' trees were in the way. They lived a few miles from the property, and did ni Blust told FairWarning that he sought compensation, and "if they had sent me $3,000, it would have been all over." But a Lamar executive "laughed at me over the phone from Baton Rouge, Louisianasaid Blust, who then decided to sue. A jury awarded the Blusts more than $2.2 million in punitive damages. Appeals dragged the marathon case into 2009, when an appeals court ruling led to Lamar paying "In that case, our contractor made a mistake," Kilshaw said, "and simply went across a property line, and we ultimately paid on that." For his part, Blust, 76, said he was "satisfied that I caused them pain. Did we make a �asting impression on the management of Lamar? If they're still cutting down trees, I What is unusual about these episodes is that someone got caught. More often, over the &ars, the culprits remained unknown or were not aggressively pursued by authorities. 11:::::or example, a '1985 report by the Geineral Accounfing Office cited dozens of lin cidents in Georgia of Hftal tiree cutters acflng with irnpunity, inckiding a case in which albout 500 -trees weri n u roear three slin s along interstate highways. DOC. IND http.,Hinvestigations.nbcnews.com/news/2012/04/26/11402635-a-crime-by-t e-hig way -poisoning - trees -to -ma ke-bi I I boa rds-easie r -to -see? I ite# In Louisiana, said the GAO, "over 2,000 feet of vegetation and trees were cut and cleared to enhance the visibility of two signs. We counted over 900 stumps from destroyed trees at this site." In a 1996 deposition, a former billboard company tree trimmer testified that he had cut down and poisoned trees in the Los Angeles area for many years, usually without the owners' consent. The former employee, Fred Jackson, worked until the late 1980s for two large billboard companies, Foster & Kleiser and Patrick Media, that eventually merged and were absorbed by Clear Channel Outdoor. Jackson said he occasionally was confronted about what he was doing, and would make up a lie. It might be "'I'm working for the Edison Company,"' Jackson testified. "That was a great one." More recently, illegal tree clearing near billboards and "supergraphics" — giant ads draped on buildings — has been a problem in Southern California, said Dan Freeman, an official with the state Department of Transportation, or Caltrans. "The billboard industry — well, my impression of them is they're kind of lawless," said Freeman, Caltrans' deputy director of maintenance for Los Angeles and Ventura counties. "They pretty much do whatever they want." "We've been victim a number of times to people who come in the middle of the night, with a chainsaw, and just kind of clear cut the area immediately in front of one of these supergraphics or a large billboard," Freeman told FairWarning. "And, of course, we call them," Freeman said, referring to the sign company, "and they say, `We have no idea who could have done it. My, what a terrible thing.' They don't own up to it. We have had a very, very difficult time in getting traction on prosecuting them." The right to be seen Billboard companies have sometimes claimed an inherent right to have unimpaired views of their signs. If revenues go down because of public trees, they have argued, public agencies should pay damages. This has been a hard sell. DUC. ONDEX http://investigations. nbcnews.comLnews/2012/04/26/11402635-a-cri me -by -the -highway -poisoning - trees -to -ma ke-biI Iboa rds-easier-to-see?lite# For example, a Tennessee appeals court rejected an industry lawsuit against the state department of transportation over its failure to maintain unrestricted views of roadside signs. "It is true that wild vegetation, as well as that planted by the State, has and will have a normal tendency to grow taller," said the 1979 ruling. "Plaintiffs seem to insist that the licensing of a billboard confers some special right of visibility or imposes some special duty upon the State to maintain visibility of the licensed billboard. No authority has been cited or found to sustain this novel theory." In 2006, the California Supreme Court rejected claims of billboard operator Regency Outdoor, which had sued the city of Los Angeles, claiming it lowered the value of its signs by planting palm trees for a beautification project. "The right to be seen from a public way ... simply does not exist," the Supreme Court ruled. "Regency cannot claim unfair surprise from the plantings. Local governments have long planted trees along roads for aesthetic reasons, to lessen the burdens of climate, and for other salubrious purposes." So the industry has turned to state legislatures to establish the right to be seen. Under laws or regulations of most states, billboard operators can legally cut back trees and other vegetation along state and federal highways. Typically, they must pay for a permit, file a work plan, and either replant or pay for lost trees. The Outdoor Advertising Assn. of America failed to respond to interview requests, but in an email described vegetation control as "a common, longstanding practice along roadways for the sake of safety and visibility." Once state rules are in place, billboard companies often lobby state legislatures to relax restrictions and expand the freedom to cut. In the past year, for example, the industry pushed through such changes in Georgia, North Carolina and Wisconsin. In Georgia billboard companies won more freedom to clear trees, though the new law is tied up in a court challenge. The industry's legislative success followed years of cultivating lawmakers. From 2001 through 2010, billboard owners and the Outdoor Advertising ssoc ialiori ofGe�-)r( ia contributed a1 I'easi $467,522 to candidates for state Alice,, according to ii rcyp orf bythe Ajdi�coc;ac y ggrcwr.lp:Fw ci(��inic teorgr . D OC WDEX http://investigations.nbcnews.com/_news/2012/04/26/11402635-a-crime-by-the-highway-poisoning- trees-to-make-billboards-easier-to-see?lite# The Outdoor Advertising Association also did some wining and dining, last year hosting 34 Georgia legislators and two board members of the state Department of Transportation at a golf outing at the Reynolds Plantation resort,�� ord� ing to P, Manta Jo u rn.I u° fi i.,i a o n . A Georgia Department of Transportation spokeswoman said that in the past five years, the agency has completed investigations into 20 complaints of illegal tree cutting, and collected about $203,000 in compensation. In North Carolina, the industry -backed law passed last July expanded the cutting area to up to 380 feet on each side of billboards — up from 250 feet before. This translates into extra viewing time of 1.5 seconds for motorists approaching billboards at 60 mph. State transportation officials estimated that up to 200,000 trees could be removed in the next five years as a result. From 2005 through June, 2011, billboard interests donated at least $206,000 to state legislative and gubernatorial candidates in North Carolina,!!!1ccor6n('1 to a report Il u ° fl'�i ,.ionproht Jroii,..�p DcmcnacV'114orth Car()1(ina, and research by FairWarning. "They've got a lot of money, and it's amazing how cheaply legislators can be bought," said North Carolina resident Charles Floyd, a retired University of Georgia business professor who has written extensively about the billboard industry and is critical of the new law. Even in states such as North Carolina that provide a legal means to enhance billboard views, incidents of illegal cutting and poisoning still occur. In some respects, loosening restrictions is the path of least resistance, reducing the number of violations and need for enforcement. "If you legalize vandalism," Floyd complained, "that helps out a lot." Since July, 2006, the North Carolina Department of Transportation recorded 88 incidents of illegal tree removal near billboards, according to ager,�cy data, reviewed by Fa.0 ' arrfing. The cost to the state was $923,000 under a formula based on the size of lost trees. Of that amount, records show, the state was able to collect only about $39,000. Witojwx admitting liability, Lamar paid $18,487.50 to settle one of the cases. INDU http://investigations.nbcnews.com/_news/2012/04/26/11402635-a-crime-by-the-highway-poisoning- trees-to-make-bi I Iboa rds-easier-to-see?I ite# Criminal probe in Florida Soon after Barnhart filed his whistleblower suit, he led state agriculture officials to an oak tree he claimed he had poisoned next to a CVS pharmacy in Tallahassee. When the lab results came back in October, they revealed a herbicide, Triclopyr, in soil and vegetation samples. Florida Department of Transportation The stump of one of more than 2,000 trees allegedly cut by a billboard company in northern Florida. According to a grand jury report, state officials issued permits to cut the trees "'in flagrant violation of the law." He told officials it was one of seven to 10 trees he had illegally poisoned since 2009. Sometimes, he said, he used a machete before pouring in the poison, other times drilled holes in a tree, and on still other occasions he simply cut them. Barnhart has been granted immunity by the state attorney in Tallahassee. Asked to comment on the criminal probe, State Attorney William Meggs said his office is continuing to gather information. In a deposition taken in the whistleblower case, Chris Oaks, Barnhart's supervisor, confirmed Barnhart's account. Oaks admitted to poisoning trees himself under orders from his boss, LaBorde. JOaks, 35, claimed he initially balked, saying he thought Lamar must first get permits „I �� 9 0 113 Iz http://investigations.nbcnews.com/_news/2012/04/26/11402635-a-crime-by-the-highway-poisoning 1 trees-to-make-billboa rds-easier-to-see?lite# * "And he told me, he said to just jump over the fence and do what needs to be done and kick a little dirt over it," Oaks testified, referring to LaBorde, "and if you don't know how to do that, I'll take out my gun and I'll shoot you in the head." Oaks said he figured LaBorde was joking. But "I felt then that I needed to do what the man was telling me for fear — not for death, I didn't really think he would kill me, but I did feel like it was threatening to my job," Oaks said. "I just want to get it clear that none of this was me," Oaks said. "I did not want to do any of this." Barnhart said fear of getting caught on a surveillance camera and, according to his lawyer, pressure from his wife led him to come forward. Barnhart said that after suffering a back injury and going on light duty, he told managers that he would no longer poison trees when he came back. In August, he says, he was fired. Lamar contends it never fired Barnhart. The company's response is less clear cut on the other alleged violations, such as criminal mischief and illegal handling of poisons. "Any act or omission by Lamar was done in good faith," the company said in coi urt papers. "To the extent that the actions of any Lamar employee were, in fact, in violation..., those actions directly violated Lamar's corporate policies and procedures and were, thus, beyond the course and scope of their employment." Fair" arning is a nonprofit, online investigative news organization focused on public health and safety issues. Support for this story came from the lFund f r roves igat'ive JrrUrnafisrn. DE m http://investigations. n bcnews.com/_news/2012/04/26/11402635-a-cri me-by-the-highway-poisoning- trees-to-make-billboards-easier-to-see?lite# Ully OT YaKlma Ferma uaia ror blimoarcis Permit Applicant Name Permit No Issued Date Permit Type Status Project Description CASCADE SIGN & ONE NEW BILLBOARD SIGN FOR US FABRICATION SIGN -11-003 13 -Jan -11 CA-POLESIGN EXPIRED SYNTEC IMETRO OUTDOOR NEW APPLICATION FOR EXPIRED ILLC SIGN -09-075 27 -Oct -09 CA-POLESIGN FINALED PERMIT #50106 FOR BILLBOARD SIGN ,METRO OUTDOOR NEW SUBMITTAL TO REPLACE EXPIRED LLC SIGN -09-074 18 -Nov -09 CA-POLESIGN EXPIRED PERMIT #50808 FOR A BILLBOARD SIGN OFF PREMISE BILLBOARD SIGN LOCATED ON BNSF RAILROAD METRO OUTDOOR 50478-42625- PROPERTY; 12/11/09 SUBMITTED LLC 17 26 -Jan -10 B -SIGN -LEG I FINALED UDDATED ENGINEERING METRO OUTDOOR LLC SIGN -10-105 24 -Nov -10 CA-POLESIGN EXPIRED NEW 30'x 10' BILLBOARD SIGN PARKER OUTDOOR INSTALLATION OF 30'X10' BILLBOARD INC SIGN -11-019 5 -May -1 1 1 CA-POLESIGN EXPIRED ISIGN "Apple Tree development Phase 313" PLP#003-13, SEPA#025-13 Yakima Planning Commission Open Record Public Hearing February 26, 2014 EXHIBIT LIST Applicant: Apple Tree Development Phase 3B File Number: PLP#003-13, SEPA#025-13 Site Address: Vicinity of Coolidge Rd & S 88th Avenue Staff Contact: Jeff Peters, Supervising Planner CHAPTER A CHAPTER B CHAPTER C CHAPTER D CHAPTER E CHAPTER F CHAPTER G Table of Contents Staff Report Site Plan Maps DST Review & Agency Comments SEPA Checklist Applications Public Notices "Apple "T"ree Development Phase 313" PLP#003-13, SEP"A#025-13 EX:IBIT LIST CHAPTER A Staff Report CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS & RECOMMENDATION for REQUEST FOR PRELIMINARY LONG PLAT A lication PLP003-13 & SEPA #02.5-18 APPLICANT: Duane Rogers Apple Tree Construction APPLICANT ADDRESS: 2550 Borton Rd., Yakima, WA 98903 PROJECT LOCATION: Vicinity of Coolidge,Rd. & S. 88th Ave. NAME OF PLAT: Apple Tree NO. 313 TAX PARCEL NUMBERS: 181331-34490 DATE OF REQUEST: September 30, 2013 DATE OF RECOMMENDATION: February 26, 2014 STAFF CONTACT: Jeff Peters, Supervising Planner I. DESCRIPTION OF REQUEST:Development received an On October 18, 2013, the City of Ykirna Department of Community SEPA) application for Preliminary Long Flat, and State Environme tPy nglcy list F iy Rµ1 Zoned Review. The applicants are requesting to subdivide 5,9 ac res p , aperty, into 22-singl -singlelot�'ancl eri it irirner�tal review l! the proposal in its entirety. II. SUMMARY OF RECOMMENDATION: proval of the Preliminary Plat, subject to conditions. The Administrative Official recommends ap III. FACTS: A. Statement of Cause: Long Plat Pursuant to YMC § 14.20, the applicant's statement in the Preliminary , requests this application and Environmental Checklist dated October 1 approximately 5.9 acre's subdivision of land stating: "This proposed pls"t' will, subdivide sizes will range from oimately 8,810 to 15,65`1 s°f. Thelto ots willhave frontage L> o a public roadway which will need to be improved as part T g of this project." B. Comprehensive Plan. subject Sligha The 2025 Comprehensive Plan and Fijbire. Land Use �a m de ThetLe" e Der t roc.ert as sen uitable for Low Density Residential developm p y OBD Apple Tree 313 1 PLP#003-13 & SEPA #025-13 Residential designation is characterized as "F'ri'maril residences. Residential density is less than 7.0 dwellinger units residences. PreliminaryY free standing single-family plat for single-family residences has a density of a per acre". This proposed units per net residential acre and is consistent with that designation, 4.22 dwelling Generali the Proposed gnatron, Y, ro osed preliminary plat is consistent with the Comprehensive Plan's other provisions which encourage, infill, recognize the need encourage disposal of surface drainage on-site, and encourage for public water and sewer, With the general land use pattern in the area. development consistent g develo The Goals and Policies that apply to this designation gnation a nd proposed land use are as Goal 3.1; Provide for a broad distribution f hous affordability and neighborhood design needs of thePublicing in Yakima that meets the Goal 3.2: Build sustainable new neighborhoods Goal 3.3: Preserve existing neighborhoods Policy 3.3.2: Ensure that new development is compatible in scale, style, density and aesthetic quality to an established neighborhood. C. ur'b'an Area Zoning Ordinance. The main purpose of the Yakima Urban ,Area Zoning Ordinance (YMC) Title 15 (lcA'O� is to implement the Yakima Urban Yakima Municipal Code and promote the general health, safety and welfare of the re an Area Comprehensive Plan °��t the Yakima Urban Area. YMC present and future inhabitants to promote the purpose of the I AZC5M.030 describes the that the intent of the goals and policies intended Subsection � 5.03.030 2 preserve intent neighborhoods YfPrimarily Residential( of tine o est indicates (R-1) zoning district is to establish and locate moderate -density detached single-fami�y dwellings and to residential acre a areas served residential development u Y public water and Publicto 7 sewe dwelling units per net D. 1�jnrs project underwent a State Environmental Policy low the City of Y"akima°s� flexible threshold for Ac; review because it did not fall 85.070 YMC. Furthermore, on January 2'3, 201 QEF A, as established in lection dhvironmental review 4, the City of Yakima completed its of the Preliminary Plat b Non - "Cance on proposal which was not: a y issuing ended on canoe 31 g a Determination of Non- ry 2014 appealed during the 14 -day appeal period that ,, :rebasing r1. Theappa r Prelrlina o�° 1 October 18„ 2013' bong Plat and Environmental Review e ''ped on 2. The proposed plat is larger than nine lots, and is therefore Provisions of YMC § 14.20 & 6.88. ore being g processed under the 3. The applications were deemed complete for processing on November 5, 2013. 2 DOC. INDEX 4. Pursuant to RCW Ch. 58.17, YMC § 1.42.030 and YMC § 14.20.100, the City of Yakima PlanningCommission (Planning Commission) is authorized to make a recommendation for -approval or` disapproval, with written findings of fact and conclusions to support the recommendation to the City Council on preliminary plats.`' Within ten working days of the conclusion of a hearing, unless a longer period is agreed to in writing by the applicant, the Planning Commission shall render a written recommendation which shall include findings and conclusions based on the record. 5 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 ancHne6de-l folfowing a-RcTians a.. Date of Application:: October 18, 2013 b. Date of Developer's Notice of Complete Application: November 5, 2013 c. Date of Notice of Application & Environmental Review: December 23, 2013 d. Date of Posting of Land Use Action Sign on the Property: December 23, 2013 e. Date of Mailing of Notice of DNS: January 17, 2014 f. Notice of Public Hearing February 10, 2014 6. Public Comment: public comments or inquiries were received during the open comment period for this proposal. =`S 6. Development Services Team (DST) Review: 54me proposal was reviewed by the DST team on December 19, 201''3. Final comments of the DST members are summarized a. Codes:s . i. Fire hydrants shall be provided per section 507 of the International Fire Code (IFC) to within 600 feet of the farthest point of a single or two family structure and fire hydrants shall be located on an approved fire apparatus access road. ii. Per Appendix C of the IFC, if the fire apparatus access road will be continuous (not a dead end), fire hydrants shall have an average spacing of 500 feet along the fire apparatus access road. iii. Per section 503 of the IFC, approved fire apparatus access roads shall be proved up to and within 150 feet of the farthest part of buildings. iv. The final site plan must show approved fire hydrant locations and fire apparatus access roads prior to approval. v. Fire hydrants and fire apparatus access roads shall be installed prior to building permit issuance. b. Engineering: i. This development is subject to Title 12 development standards which include, but is not limited to the following sections of the Yakima Municipal Code (YMC), (see the applicable code portion of this staff report for specific code language or City of Yakima Website for the complete code):YMC § 12.01, 12.02, 12.03, 12.04, 12.05, 12.06, and 8.64. ii. Coolidge Road is classified as a Residential Street, requiring a total of 50 feet of right-of-way to be dedicated. iii. Curb, gutter, and sidewalk in accordance with YMC § 12.05, and 12.06.070. iv. Street lights will need to be installed in accordance with YMC § 12.06.080. v. All driveways will be required to be constructed in accordance with YMC § 3 noc. INDE,�( # fi I Stormwater i. In regard to the platting portion of the project there are no drainage requirements. ii. However, in regard to the street improvements being made to Coolidge Rd. will require that all runoff from the road and sidewalks be retained and treated in accordance with the Stormwater Management Manual of Eastern Washington. The plans and calculations for the drainage shall be completed by a licensed engineer from the State of Washington. iii. As the development of this project will involve clearing of more than one acre, a Stormwater Site Plan shall be required. The major components of a Stormwater Site Plan are: a. Drainage plans and calculations to be completed by a licensed engineer from the State of Washington; b. A copy of the SWPPP or erosivity waiver; and c. A stormwater maintenance agreement. d. Nob Hill Water i. Nob Hill Water can supply the proposed subdivision with 1,000 gpm available fire flow. Should the development need more gpm, the existing 12 -inch mainline at 96th and Zier would need to be extended to 96th Ave and Coolidge to provide the additional fire flow. e. Wastewater i. An existing public 10" sewer main is available in both S. 96th Ave. and Coolidge Rd. In addition, there is a third 10" main just west of S. 911t Ave. Any one of these mains may be hooked into as needed. f. Streets and Traffic i. Streetlights in accordance with YMC § 12.06.080 are required to be installed starting at the intersection of 96th Ave. and extending eastward at approximately 250 foot spacing. ii. Presently, Coolidge Road is a long strait roadway with minimal development. The road surface is in poor condition in the area where this development is proposed. This has limited speeding problems to this point. With the addition of the 22 homes plus and improved road surface, speeding traffic will become an issue. Five equally spaced speed humps should be constructed to limit the number of fruit trucks using Coolidge Avenue as an alternative route to Occidental Road. M. APPLICABLE LAW'. w;° „r . w��, �"r k ry 1UI'd o , , A. State Environmental Policy Act (SEPA): In accordance with YMC §16.06.030 SEPA Environmental review for projects determined not to be categorically exempt under SEPA shall be integrated and shall proceed concurrently with the permit procedures of this title. B. 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 4 11 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. C. 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 and two-family dwellings on existing legally established lots is exempt from the requirements of this section. D. YMC § 15.05.030 (A): Creation of new lots — 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 residential single-family construction in the R-1 zoning district, the required minimum lot size is 6,000 square feet. 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 lots 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. I. 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. DOC. 5 IND J. 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. K. 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. L. 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. M. YMC § 12.05.010 Sidewalk installation required: "Sidewalks shall be installed along both sides of all new, improved, and reconstructed streets..." N. YMC § 12.06.020 Right-of-way and pavement width standards: Right-of-way shall be dedicated and street surfacing provided in accordance with Figure 1 of YMC 12.06.020 for Local Access streets if the right-of-way is found to be deficient. O. 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. P. 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. 0 DOC. INDQ( # f V FINDINGS: v 1. The subject property is currently unoccupied. 2. Based upon the records of the City of Yakima Coolidge Rd. has a total of 30 -feet of right- of-way. 3. The subject site currently has curb, gutter, and a minimal amount of paving along the N. side of Coolidge Rd. 4. The applicant is proposing to dedicate an additional 30 -feet of right-of-way along Coolidge Rd., and h indicated in their application that they plan on improving the S. side of the street by installing full City of Yakima Title 12 Development Standards which include: curb, gutter, sidewalk, and pavement of the full street width from curb to curb. 5. Environmental Review was completed for this development with the issuance of a Determination of Non -Significance on December 23, 2013, and the environmental determination was not appealed during the 14 -day appeal period which lapsed on ,January 31, 2014. �..., 6. OF N AREA ZONING ORD�I' I N(E '�1�".O � � ning: The subject property is zo ed R-1„ A) Lot Coverage: The maximum lot coverage permitted in the R-1 zoning district is 60% and all lots will comply with that limitation. B) Lot Size: The preliminary plat indicates lot sizes that range from 8,810 to 15,651 square feet. Table 5-2 of Chapter 15.05 of the UAZO provides that the minimum lot size for a single-family dwelling is 6,000 square feet. C) Lot Width: Table 5-2 of Chapter 15.05 of the UAZO prescribes a minimum lot width of 50 feet and all proposed lots meet that requirement. D) Density: With a density of about proposed preliminary plat complies with 15.04 of the UAZO which prescribe a acre in the R-1 zone. 7. SUBDIVISION ORDINANCE: 4.4 dwelling units per net residential acre, the YMC § 15.05.030(B) and Table 4-1 of Chapter maximum of 7 dwelling units per net residential 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 detached single-family dwellings which will complement adjacent uses will promote the public health, safety and general welfare insofar as there is a need in this community for single-family dwellings and insofar as this proposed preliminary plat would be required to comply with all applicable City development standards, and all conditions of approval specified by the City Council. 7 B) Open spaces: The proposed lots are larger than minimum sizes 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: The SEPA MDNS requires that drainage system facilities will be provided in accordance with state and local regulations. D) Streets, alleys, and other public ways: The subject property has frontage upon Coolidge Rd., designated as a Neighborhood Collector street which requires 60 -feet of right-of-way. In accordance with YMC Title 12 development standards, the developer is proposing to dedicate the required amount of right-of-way, and to construct the public street in accordance with the City's development standards. 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. City of Yakima sewer mains within Coolidge Rd. are capable of being extended to handle the demands of this development and will be installed, or their installation financially secured, prior to the recording of this plat. G) Parks and playgrounds: West Valley Neighborhood Park is located approximately 1.09 miles from this development is the closest city park to the subject property. 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 provisions for playgrounds exist at the schools which children within the proposed preliminary plat would be attending, and could also be individually provided on the lots themselves which are of a size which would allow for playground areas as needed or desired. H) Sites for schools: West Valley High School is located approximately within .15 miles of the proposed preliminary plat. No comments were received from the School District suggesting the need for an additional school at this location. 1) Sidewalks: Sidewalks are required and will be provided along this developments frontage. J) Serves the public interest and use: This proposed 22 -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. 8. TRANSPORTATION CONCURRENCY: This application was reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management "Ordinance on November 1, 201; ; -46-ye-ld,Pfftemt will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review. The review does not address intersection level of service. 9. TIME LIMITATION: Upon preliminary plat approval the applicant has seven years from the date of preliminary approval to submit the final plat.1 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 § 14.20.150 YMC). Before the final plat can be recorded all required infrastructure must be engineered, completed and inspected or engineered and financially secured and receive final plat approval from the City Council. VI. CONCLUSIONS: 1. This Preliminary Plat complies with the general requirements for subdivision approval as specified by YMC Ch. 14.20 and Ch. 15.05. 2. The proposed subdivision provides for the public health, safety and general welfare, as subject properties will be served by all appropriate public utilities and there is no known public health or safety issue associated with the subject property. 3. Due to the identified deficiency in right-of-way for Coolidge Rd. a minimum of 25 -feet of additional right-of-way is required to be dedicated with this subdivision. 4. Based upon the applicant's traffic report this development will have "no measureable impacts to the surrounding transportation system..." 5. This proposed plat serves the public use and interest. 6. The Planning Commission has jurisdiction. (RCW Ch. 58.17, YMC § 1.42.030, and YMC § 14.20.100) 7. This recommendation is based upon a project narrative and site plan received October 18, 2013, and additional materials that have been secured from the applicant, their consultants, and other agencies. 8. A Determination of Nonsignificance (DNS) was issued on January 17, 2014. No appeals were submitted during the 14 -day appeal period. 9. 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. 10. 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, 'In SSB 6544 (Ch. 79, Laws of 2010), the 2010 legislature extended the statutory time period for submitting final plats from five years after preliminary plat approval to seven years after that approval. It also extended the vesting period for approved final plats from five to seven years. This legislation, which became effective on June 10, 2010, will sunset on December 31, 2014. b. All necessary public facilities are available to serve this site. c. This proposal is consistent with existing development regulations for this location, 11.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 students who only walk to and from school. VII. RECOMMENDATION Planning Division recommends that the 22 -lot subdivision known as Apple Tree Phase 3B be approved subject to the following conditions: 1. In accordance with YMC Ch. 12.01 and the applicant's preliminary plat, the applicant shall submit and gain approval of civil engineered plans which provide for design of all Title 12 development standards, including but not limited to curb, gutter, sidewalk, street lighting, stormwater, and street design. 2. 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. 3. 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 all construction required to provide each lot with domestic water has been completed and the fees paid. 4. 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. 5. A minimum 8 -foot wide public utility easement must be provided adjacent to all public road rights-of-way. 6. 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. 7. All public and private utilities shall be located underground, with the exception of telephone boxes and such similar structures. 8. All public and private utilities to be located within public road rights-of-way must be constructed prior to the start of road construction. 10 9. Fire hydrants shall be placed at the locations specified by the Building Codes and Planning Division and the Yakima Fire Department. All lots must be provided with adequate fire flow. 10. All permits required by the Yakima Regional Clean Air Authority shall be obtained. The developer shall designate during working hours a responsible party to serve as contact for suspected air quality violations. 11. A final binding stormwater and drainage control plan for the entire property shall be submitted and approved by the City's Engineering Division prior to construction of improvements for any area of the development. 12. 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. 13. 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. 14. Irrigation approval, if any is required, shall be shown on the face of the final plat. 15. All other requirements of the zoning and subdivision ordinance, although not specifically set forth herein, shall be complied with in their entirety. 16. Upon preliminary plat approval the applicant has seven 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. DOC. 11 IND Exhibit "A" Addressing is suggested as the following, but is subject to change: Lot 8: 9104 Coolidge Rd. Lot 9: 9106 Coolidge Rd. Lot 10: 9202 Coolidge Rd. Lot 11: 9204 Coolidge Rd. Lot 12: 9206 Coolidge Rd. Lot 13: 9208 Coolidge Rd. Lot 14: 9210 Coolidge Rd. Lot 15: 9302 Coolidge Rd. Lot 16: 9304 Coolidge Rd. Lot 17: 9306 Coolidge Rd. Lot 18: 9308 Coolidge Rd. Lot 19: 9310 Coolidge Rd. Lot 20: 9402 Coolidge Rd. Lot 21: 9404 Coolidge Rd. Lot 22: 9406 Coolidge Rd. Lot 23: 9408 Coolidge Rd. Lot 24: 9410 Coolidge Rd. Lot 25: 9502 Coolidge Rd. Lot 26: 9504 Coolidge Rd. Lot 27: 9506 Coolidge Rd. Lot 28: 9508 Coolidge Rd. Lot 29: 9510 Coolidge Rd. DOC. 12 INDEX # "Apple Tree Development Phase 3B" PLP#003-13, SEPA#025-13 EXHIBIT LIST CHAPTER B Site Plan PRELIMINARY PLAT OF "APPLE TREE NO. 3B" ( PART OF THE S. 112 OF THE SW 114 OF SEC. 31, T.13N., R.18E., W.M. ) 49--hi-01--scp-lp la 3 ri` DATUM EVA ON A.el' te a . AaS 7E`IE°Ot ER ENGINEERiSURVEYOR A—E TREE RESpRT HUtEREiTSE, LOil?f.AN.ti 4A`.ES. itaC 25x4 EOR RC 8©t HORTH 39TH AlE,M-; YAnli{ ,yaAS,HN4 -9Ea vAKi?hA,--lu!4�tl2 JOHN fipRTG4 (a"➢9) 9d>311E AiiCHAc1 R HET, RE piiANE ROGERS(+S1 9"a6 -2E —c T. HE!'tvOG. rk'S JON%IHLCCH(-p) 915-3]12 tx9Y R3F. TJ0 RECEIVED DEC 0 6 2013 CITY OF YAKIMA PLANNING DIV W NJ a i qu j a —V� €area_ -re^ t=om ss.�-LL i.+�a.€%9•ti c�#-� COOLIDGE ROAD TYPICAL ROADWAY SECTION .n — — asa Ya — — sf — — — a-€ — - — - _ _ as a ._ I 6.4_ - .. �HLA �� - �_ APPLE TREE PARTNERSHIP PLAT OF "APPLE TREE NO. 3B" i YAKIMA COUNTY, WASHINGTON G in t€ -lmF,§ r;p am ( f I [ PRELIMINARY PLAT i z o l _,c–.e ., x i >r PHASE,-- 1, wn 5 �HLA �� - �_ APPLE TREE PARTNERSHIP PLAT OF "APPLE TREE NO. 3B" i YAKIMA COUNTY, WASHINGTON G in t€ -lmF,§ r;p am ( f I [ PRELIMINARY PLAT i z o l "Apple Tree Development Phase 3B" PLP#003-13, SEPA#025-13 EXHIBIT LIST CHAPTER C Maps Project Vicinity Map PLP#003,m1 3 Related Projects: TCO#010-13, SEPA#025-13 Applicant: APPLE TREE CONSTRUCTION LLC Location: COOLIDGE RD/S 88TH AVE Wednesday - 10/23/2013 - 10:45:42 Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Sevices Site 1:10,000 Proposal: This proposed plat will subdivide approximately 5.9 acres into 22 single-family lots in the R-1 zoning distrit FE ar dairnei S P r,aal'1 as l'1 thIS N110 iS I&' pfla'urirrrt and Illustiinati "n 1pur'pcats.^s only I lie CJty )Iakilla-a a,>:aaain Ilo liala )Ity for aaq f'lliror.a„ LI ral, n ttua. Irr'faal"lai,atl+alfa arovltled a'iI fear' �,iny ,adJa ri tvl°r?r'I, or ar,forl non! taltiorl lay Ihe user" i1"1 reli,ai'ir,ala ullx l ;arty inalw�s oll,. i aii Related Projects: TCO#O10-13„ SEA#025-13 Applicant, APPLE TREE CONSTRUCTION LLC Location: COOLIDGE RD/S 88TH AVE Proposal: This proposed plat will subdivide approximately 5.9 acres into 22 single-family lots in the R-1 zoning district. Parcel List: 18133134490 Project Parcels Vicinity Map Contact City of Yakima Planning Division at 509-575-6183 Wednesday - 10/23/2013 - 10:45:45 City of Yakima - Geographic Information Sevices 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 PLP#003-13 Related Projects: TCO#010-13, SEPA#025-13 Applicant: APPLE TREE CONSTRUCTION LLC Location: COOLIDGE RD/S 88TH AVE Proposal: This proposed plat will subdivide approximately 5.9 acres into 22 single-family lots in the R-1 zoning district. Parcel List: 18133134490 DOC. I N DEN Project Parcels Aerial Photo Map Contact City of Yakima Planning Division at 509-575-6183 Wednesday - 10/23/2013 - 10:45:45 City of Yakima - Geographic Information Sevices 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. R-1 1:8,000 Ir PLP#003-13 Related Projects: TCO#010-13, SEPA#025-13 Applicant: APPLE TREE CONSTRUCTION LLC Location: COOLIDGE RD/S 88TH AVE Proposal: This proposed plat will subdivide approximately 5.9 acres into 22 single-family lots in the R-1 zoning district. Parcel List: 18133134490 l Yakima Urban Area Zoning Outlines Floodway Areas Project Parcels 1NDEX C1_1 Zoning Map Contact City of Yakima Planning Division at 509-575-6183 Wednesday - 10/23/2013 - 10:45:45 City of Yakima - Geographic Information Sevices 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. 0 1:8,000 0313 Related Projects: TCO#010-13, SEPA#025-13 Applicant: APPLE TREE CONSTRUCTION LLC Location: COOLIDGE RD/S 88TH AVE Proposal: This proposed plat will subdivide approximately 5.9 acres into 22 single-family lots in the R-1 zoning district. Parcel List: 1 81 331 34490 Low Density Residential Professional Office 1110, Large Convenience Center Medium Density Residential Regional Commercial Arterial Commercial High Density Residential " Neighborhood Commercial /j CBD Core Commercial INDEX Industrial m' Project Parcels Future Land Use Map Contact City of Yakima Planning Division at 509-575-6183 Wednesday - 10/23/2013 - 10:45:45 City of Yakima - Geographic Information Sevices d 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 na�ii'11�11Q t. n nmmuemm a um of mlmio mw uw.re o wm. w mii m m.muuw io.au uu w..remm m wmI 4V m4um u.. m mm.m ww m rogr m. ovm n m i. uum m um�m io. ur. [ w.mm wm. m'm o. +o+o- a �wrr II ' , ..mom ,N...... 1:8,000 L Related el ted Projects: A T SCO#010-13, SEA#025-1; TREE CONSTRICTION LLC Location: COOLIDGE RD/S 88TH AVE Proposal: This proposed plat will subdivide approximately 5.9 acres into 22 single-family lots in the R-1 zoning district. Parcel List: 18133134490 Project Parcels Hydrants Water Pipes Utilities Map Wednesday - 10/23/2013 - 10:45:45 WC. INDEiw Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Sevices 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 "Apple Tree Development Phase 313" .PLP#003-13, SEPA#025-13 EXHIBIT LIST CHAPTER 'D DST Review & Agency Comments D-1 DST Request for Comments 12/19/2013 D-2 DST Comments Received from Eric Rhoads, Nob Hill Water 12/20/2013 D-3 DST Comments Received from Glenn Denman, Supervising 01/02/2014 Code Inspector D-4 DST Comments Received from Randy Meloy, Wastewater & 01/06/2014 Stormwater Engineer D-5 DST Comments Received from Dana Kallevig, Design 01/06/2014 Engineer D-6 Preliminary Addressing — Royale Schneider, Code Inspection 01/16/2014 Office Supervisor D-7 DST Comments Received from Joe Rosenlund, Streets & 01/25/2014 Traffic O erations Mana er January 25, 2014 To: Jeff Peters Assistant Planner From: Joe Rosenlund Streets & Traffic Operations Manager Re: PLP 003-13, Coolidge Rd, Apple Tree 1, Install streetlights per YMC 12.06.080 beginning at the intersection of 96th Avenue and extending eastward at approximately 250 foot spacing. 2. Presently, Coolidge Road is a long straight roadway with minimal development. The road surface is in poor condition in the area where this development is proposed. This has limited speeding problems to this point. With the addition of the 22 homes plus and improved road surface, speeding traffic will become an issue. Five equally spaced speed humps should be constructed to limit the speeds on Coolidge Road. The speed humps should also help limit the number of fruit trucks using Coolidge Avenue as an alternate route to Occidental Road COMMUNITY DEVELOPMENT DEPARTMENT Code Administration Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 • Fax (509) 5 76-65 76 eodeskvakimawa.gov • www.buildingyaknna.coni MEMORANDUM DATE: January 16, 2014 TO: Jeff Peters, Supervising Planner FROM: Royale Schneider, Code Inspection Office Supervisor RE: Application number PLP#003-13 for Preliminary Plat of Apple Tree No. 3B Addressing is suggested as the following, but is subject to change: Lot 8: 9104 Coolidge Rd. Lot 9: 9106 Coolidge Rd. Lot 10: 9202 Coolidge Rd. Lot 11: 9204 Coolidge Rd. Lot 12: 9206 Coolidge Rd. Lot 13: 9208 Coolidge Rd. Lot 14: 9210 Coolidge Rd. Lot 15: 9302 Coolidge Rd. Lot 16: 9304 Coolidge Rd. Lot 17: 9306 Coolidge Rd. Lot 18: 9308 Coolidge Rd. Lot 19: 9310 Coolidge Rd. Lot 20: 9402 Coolidge Rd. Lot 21: 9404 Coolidge Rd. Lot 22: 9406 Coolidge Rd. Lot 23: 9408 Coolidge Rd. Lot 24: 9410 Coolidge Rd. Lot 25: 9502 Coolidge Rd. Lot 26: 9504 Coolidge Rd. Lot 27: 9506 Coolidge Rd. Lot 28: 9508 Coolidge Rd. Lot 29: 9510 Coolidge Rd. Pg. 1 of 1 This project requires Title 12 improvements, including but not limited to the following: 12.01— Plans for construction will need to be submitted per this chapter. 12.02 —Easements will need to be established per this chapter. 12.03 - (see Sewer comments) 12.04 - (see Water comments) 12.05 — Sidewalk, curb and gutter will need to be constructed per this chapter (and 12.06.070). 12.06 — Coolidge Road is classified as a Residential Street, requiring 50' of ROW to be dedicated if the existing ROW is less than that per 12.06.020. Street lights will need to be installed per 12.06.080. Other Requirements: Driveways will have to be constructed per YMC 8.64 and the City of Yakima Standard Detail R4 — Driveway Approaches. DOC. INDEX For long platting the property there are no drainage requirements. The street improvements being made to Coolidge Rd. will require that the runoff from Coolidge and the sidewalks be retained and treated as per the Stormwater Management Manual of Eastern Washington. The plans and calculations for the drainage shall be completed by a licensed engineer from the State of Washington. As the development of this project will involve clearing of more than one acre, a Stormwater Site Plan shall be required. The major components of a Stormwater Site Plan are: 1) drainage plans and calculations to be completed by a licensed engineer from the State of Washington. 2) a copy of the SWPPP or erosivity waiver. 3) a stormwater maintenance agreement (I have a template of a maintenance agreement for the applicant's use). oL�� (fit e '� a r�LU t� o i / Existing public 10" sewer mains are available in S. 96th Ave./Coolidge Rd. and in Coolidge Rd. just west of S. 91st Ave. Either one or both of these mains may be hooked into as needed. Per YMC 12.03.020, a 10" sanitary sewer main pc,,,� Melvj o2/om�i41 January 2, 2014 To: Jeff Peters, Supervising Planner From: Glenn Denman, Supervising Code Inspector Re: CL1#146-13, Apple Tree Development, Coolidge Rd and S 88th Ave Applicable Code: 2012 International Fire Code (IFC).. Fire hydrants shall be provided per section 507 of the IFC to within 600 feet of the farthest point of a single or two family structure and fire hydrants shall be located on an approved fire apparatus access road. Per Appendix C of the IFC, if the fire apparatus access road will be continuous (not a dead end), fire hydrants shall have an average spacing of 500 feet along the fire apparatus access road. Per section 503 of the IFC, approved fire apparatus access roads shall be provided up to and within 150 feet of the farthest part of buildings. The final site plan must show approved fire hydrant locations and fire apparatus access roads prior to approval. Fire hydrants and fire apparatus access roads shall be installed prior to building permit issuance. _b Page 1 of 1 Peters, Jeff From: Eric at Nob Hill [eric@nobhillwater.org] Sent: Friday, December 20, 2013 11:45 AM To: Peters, Jeff Subject: RE: Project files scheduled for DST on January 7, 2014. Jeff, Here are my comments for the proposed Apple Tree Long Plat. #003-13 Nob Hill Water can supply the proposed subdivision with 1,000gpm available fire flow. Should the development need more gpm, the existing 12" mainline at 96th & Zier would need to be extended to 96th & Coolidge to provide the additional fire flow. If you have any other concerns, please let me know. A11:0 ;��Oow& Eric Rhoads Nob Hill Water Association Engineering Technician From: Peters, Jeff [mailto:Jeff,PetersCa) akiglgM@ o ] Sent: Thursday, December 19, 2013 4:36 PM To: 'steves anitedbuilders.net'; Denman, Glenn; Rosenlund, Joseph; Shane, Mike; Meloy, Randy; Kallevig, Dana; Soptich, Mark; 'bethbti ahtanurn.net'; 'eric" nobhillwater.or ', 'futrell.'kevintc yakirnawa,gov' Subject: Project files scheduled for DST on January 7, 2014. To all, Attached are three different applications which are scheduled for DST on January 7, 2014, for your review. The applications are 1) A pre -application meeting for United Builders for a mini -storage unit, 2) Jerry Maggard for a Multi -Family development, and 3) Apple Tree Development for a Preliminary Long Plat. If at all possible please provide your comments on these three ASAP; I was summoned for jury duty for federal court January 6 —14 so I may have to have Steve or Alice take my project to DST. If I get your comments ahead of time I may be able to resolve any issues prior to having to serve if I'm selected. Thanks again, Jeff Peters Supervising Planner 509-575-6163 DOC. INDEX 12/23/2013 City of Yakima Development Services Team Request For Comments December 19, 2013 To: City of Yakima Development Services Team From:: Jeff Peters, Supervising Planner SuWect: Request for comments Applicant: Duane Rogers / Apple Tree Construction,LLC File Number: PLP#003-13 Location: Vicinity of Coolid a Road and S. 88th Avenue,Yakima, WA. Parcel Number(s): DST MEETING DATE: 181331-34490. 11712014 Proposal', The City of Yakima Department of Community Development has received an application for a 22 -lot subdivision together with environmental review and traffic concurrency documents. This application is comprised of two related land use applications. The first is a proposal to subdivide approximately 5.9 acres of R-1 Single -Family Residential zoned property into a total of 22 single-family residential lots; land the final application involves the review of the environmental impacts of the proposed subdivision. 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 January 7 2014 at 2:30 12.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 Department's 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 "Apple Tree Development Phrase 313" PLP#003-13, SEPA#025-13 EXHIBIT LIST CHAPTER E SEPA Checklist w.� ENVIRONMENTAL CHECKLIST STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC 197-11-960) YAKIMA MUNICIPAL CODE CHAPTER 6.88 9L„� A:':F�,", ;"lrSr, f r, �; r, r "'l: (�� ' /. • oGr//, 6 q�l,�� 5r✓ l t pf uAbl r� %1 ✓ , y % %'' „ r ,: ,., . ��, nEa, r a ,,, r �, 3� ✓ri �t .,.° l! ' ?l19%wr�l/ u�r/�jyu frY/ llr�<r. ,,✓ i �li,t {r 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 Mency decide whether an EIS is required. OR Tg'` F ,, *`, ,,, ' % J fr ti 'ir;," ✓"J,N '% irr , , ' f' '' %J,,,,' !Fr a. 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 reason ly related to determining if there'Lnay be si nificant adverse im act. S.R°A Jh�, " , 14.w7. A..�h�d„4an�}9Y' Wk.dV 'Ln, j „ O a /�� / ,� ✓✓ /r ✓rpA� �� l✓ 7°i6�JR( b 9Gyf✓r r /i, rr P 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," " ro oser," and "affected eo a hic area," res ectivel . 3r�►'+�P1p ci�tt+te flet.,) . s 1. Name Of Proposed Project (If Applicable): Preliminary Plat of "Apple Tree No. 313" e............. . ...P. -.A.. ........._... 5 _ 2. Applicant's Nam&honepple e Resort RECEIVED . ...... m _ ..m . 3. Applicant's Address: 2550 Borton Road, Yakima, WA 98903 OCT 18 2013 4. Co.........ta_ P nct Person & Phone: Duane Rogers (509) 930-3406 CANNING DI16. 5. Agency . _ .. �.. ..._... ...... ... W Requesting Checklist: City of Yakima ..__ . -.................... 6. Date The Checklist Was Prepared: October 1, 2013 7. Proposed Timing Or Schedule (Including Phasing, If v Applicable): The plat will be developed in two phases. We will proceed with the design of infrastructure improvements during the winter of 2014 and anticipate construction starting in Fall, 2014. y 8. Do you have any plans for future additions expansion, or further activity related to or connect �� - - - ed with this proposal? If yes, explain: No, The plat will be built out at the completion of Phase 2 improvements. INDEX 9. List any environmental infor_....-.ion you know about that has been preparet., will be prepared, directly related to this proposal: None are known to exist. 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: None are known to exist. 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 - 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 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.): This proposed plat will subdivide approximately 5.9 acres into 22 single family lots. Lot sizes will range from approximately 8,810 sf. to 15,651 sf. The lots will have frontage onto a public roadway which will need to be improved as part of this project. 13. Location of the proposal. Give sufficient information for a person to understand 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.: Preliminary Plat of "Apple tree No. 3B" is located at the southeast corner of the intersection of Coolidge Road and south 96th Avenue. The SW Quarter of the NW Quarter of the SE Quarter of Section 31, Township 13 North, Range 18 E.W.M RECEIVED l� l DOC. INDEX #.L.;:1- 1. Earth a. General description� _—.. � ,_� ._.6..._.... ,.._�..�........�. of the site (✓ one): u� ...�-...... .. . .. flat rolling hilly steep slopes mountainous other w _............ b. What is the s .. ................._...__.... steepest slope on the site (approximate percent slope)? Approximately 2.0 percent. c. What general types of soils are found on the site (for example, clay, sand, gravel, RECEIVED' peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. OCT 18 2013 National Resources Conservation Service Soil Mapping was consulted regarding the I ,, % T� onsite soils at the plant site. The USDA Soil Conservation Service (SCS) indicated the V I I� primary soil for the site is a Harwood Loam which is a CL -CG or A-6 soil type. The remainder of the site is Gorst Loam, which is a CL or A-6 soil type. The Harwood Loam is considered prime farmland. The Gorst Loam is 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. - ..... �, type, and .. quantities of any filling or grading d. Describe the purpose,� � 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 project area, there is no significant grading proposed for street construction or lot development expected. No fill is proposed and no net increase or decrease in quantity of material is anticipated. Earthwork quantities will be determined during the design phase of the development. LL e. Could erosion occur as a result of clearing, construction,or use'? If so, generally describe. It is possible that erosion could occur during the construction phase of the development. Erosion is not likely due to the relatively flat site. Long-term erosion of each individual residential lot is unlikely after home construction because of landscaping. '_ About what percent _.. ..__._ ..............._ .. �. _ _ .. _ of the site will be covered with impervious surfaces p p after project construction (for example, asphalt or buildings)? Approximately 35 percent of the site will be covered with impervious surfacing. The lot coverage maximum in the R-1 zone is 45 percent. g 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 stormwater 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 ............ _ .__ INDEX #� f l"wN;&" MALES be tomplete4 , y Ite ppIlea p c I e e d fig 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. Minimal emissions from residential space E�i��® heating devices may occur after project completion. Approximate quantities are not known. mm.... _. OCT 18 2013 b. Are there any off-site sources of emissions or odor that may affectc .o.._. your proposal? If so, generally describe. CITE" OF YAKIMA PLANNING D11i"., None are known to exist. c. Proposed measures to reduce or control emissions orother _....... �..� . ... 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: 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 or stream on the site. There are existing irrigation/decoration ponds immediately south of the property on the golf course. 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 ui auy of the bodies of water. The new public roadway construction of the Coolidge Heights Improvements will occur approximately 250' north of the closest irrigation pond. Lot construction activity could be within 100 ft. of the north edge of the pond. 3. Estimate the amount of fill and dredge material that would be �� g 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. L' E� TO be O pl+�t d b tl + pphca�nl) � � � 1 � �r�'„`�MI�"”„ 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. _ e 5..... Does the proposal lie within a 100-year floodplain? If so, note location on the site RECEIVED plan. Accordingto FEMA panel number 1009 FIRM ma number 53077C1009E the site P p , OCT 18 013 does not lie within the 100-year floodplain. CITY OF YAKI A . ...... PLANNING DIV. 6. 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. �ba..... Ground: 1. 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. Domestic water supply is proposed from the Nob Hill Water Company which has deep source water wells. — __...._ _ ......... _. �. n_. _ _ m _._ ........... ........_... 2. 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 project will be connected to City of Yakima public sanitary sewer c. Water Runoffincludin o .. ......_._.......... _ ...., .. ( g stormwater): 1. Describe the source of runoff (including storm water) f ) 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. ............ m ... _..._ .__....... __ . ...� m.�....._ ...�...... � 3. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Storm water runoff from the public roadway 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 IN® EX 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. B EN E N'btsfrpleted ticap plia#dor VV`1001, 104 4. Plants: a. Check (✓) types of vegetation found on the site: Alder Ma le _. Deciduous Aspen p p Other Evergreen Green:. ... ........__.... ._ Fir L1 Cedar �❑ __ ,. ..�.u.�Ot.._...........� Pine G _. "O"Shrubs Shrub...... rass Pasture Crop Or Grain ❑Other Wet Soil Plants: ❑ Cattail ❑Buttercup ❑ Bullrush ❑Skunk Cabbage ❑ Other Water Plants: Milfoil ❑Eel ass Other ❑ Water Lily _ OtherT ^^esOfVe etat' on: _, _..........�— ._�..—_—_� ....__. _.......... RECEIVED b. What kind and amount of vegetation will be removed or altered? The site will be cleared of existing grasses and trees where necessary for the OCT 18 2013 construction of street, utility improvements, and home construction for each CITY OF YAKIMA phase. PLANNING DIV c. 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. d. 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. — ... � ..... 5Animals: _........ — m .... ..._. _ _ 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. F1 Hawk ❑ Heron ❑ Eagle Songbirds ❑Other , r..........................................— Mamm...................... Deer��.Bear ❑ Elk ❑ Beaver.......... als: � ❑ Other ❑ Salmon Trout ❑ Herring Fish: Bass Shellfish 0 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. .__....,.. . .....fs - -- cIs thesite art of a migration _._._.. p g n route? If so, explain. The site has not been observed to be part of a migration route. d. Proposed measures to preserve or enhance wildlife, if any: None. 6. 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. Solar energy may be used for space heating, cooling, lighting, and power. INDEX During construction: equipment fuel. __,._w .................... w.... .............. 'TA4� '1�9 1 "I r hm) l+eted 0c ppla nl) he I, d ,f, en.. b. 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. RECEIVED ......_........... ... 7 Environmental Health OCT 18 2013 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 TY �Altlf proposal? If so, describe. PLANNING DIV. 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. . be special emergency se ......www�.ht b �_._....,_..m 1Describe e_...._..........._..� 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. m ......_..___._.._._...._ 2. 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. ... ...---..— ------ _........_a._..-_-�,_- —......._._.._....---� ----- _... b. Noise ,�....—.__—. _............ _ ..... ... .... ..... _- 1 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. OC. NDEX B. NVIHONM TAL LL MC.,. � �TObe completed l) t�� l. �. Sa C rrcd ; fo ro ,. 8. Land and Shoreline Use —...._n.......... a. ......._....... ....... ��.m............................. What is the current use of the site and adjacent properties? The project area consists primarily of unused open land within the existing golf course facility. Adjacent properties include moderate density and high density residential lots as well as some orchard land. _ _. __.... RECEIVE® b. Has the site been used for agriculture. If so describe. Yes the site has been used as an apple orchard. 0 C T 18 2013 ...... c. . e any structures on the site. _... . .......... - Describe CITY OF YAKIMA PLANNING AIV. There are currently no structures on the site. d. Will any structures be dem �- . .. olished? If so, what? No. _.._....... a What is the current zoning classification of the site? R-1, Single Family Residential. f. What is the current comprehensive plan designation of the site? Low-Density Residential. g. If applicable, what is the current shoreline master program designation pp ' of the site? Not applicable. h. Has an art of the site been classified as y sensitive" so an "environmental) sensitive are y p a. If specify. No part of the site has been classified as an "environmentally sensitive" area. i. .__ _ _ Approximately how many people would reside or work in the completed project? Approximately 59 people (2.7 people per home). j. Approximately how many people would the completed project displace? ? None. k. . Proposed measures to avoid or reduce displacement .. _. n...._....._....—_..._.... _ __._._. ....w� p u placement impacts, if any. Not applicable. 1. _..._... mmm Proos p ed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The current zoning for this property (R-1) determined that the property is suitable for uses permitted in the Single Family zoning district. The Yakima Urban Area Comprehensive Plan 2025 (Final Adapted Version December 2006) designates this property as Low ® C. Density Residential. Coordination meetings with City of Yakima Planning and Public INDEX Works representatives. ., NVI� ON 1" "I'AI l I � Tn be'66ipWtcd by tit appil ant p e Jnr;, gcnci�. or men 9. Housing a. Approximately how many units would be provided, if any? y.. Indicate whether high, middle, or low-income housing. Approximately 22, middle income, single -family housing units will be created. .....b Approximate) how many units, if any, would be eliminated? ? Indicate whether high, middle, or low-income housing. None. RECEIVED c. Proposed measures to reduce or control housing � p g ' im acp ts, if any: OCT 18 2013 Not applicable. CITY OF YAKIMA .__ _....... ..-......_ PLANNING DIV, 10. Aest.��._s-t-heetiti cs a ....... isstructures,not includingantennas; what aWhat htallest al exteriorheight e the prncipext Maximum building height of 35 feet per zoning ordinance. Principal exterior building material will be wood and masonry. b. What views in the immediate vicinity would be altered or obstructed? None known. c. Proposed measures to reduce or control aesthetic impacts, if any: Apple Tree No. 3B is a part of the master-planned Apple Tree Resort. The homes will reflect the style and quality of the Apple Tree Resort. Restrictive covenants will require fences and landscaping to be in harmony with the community and neighboring properties. Compliance with zoning and building code regulations regarding building height, lot coverage and setbacks will also be in effect. 1...... ... 1. _ g �......... Light and Glare a. What type of light or glare will mthe proposalproduce? What time of day would it mainly occur? Typical and normal residential night lighting from dusk until dawn. Street lights will be full cut-off style directing the light down onto the pavement. b. Could light or glarefromthe 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, p aWhat existing off-site sources of light or glare may affect yourproposal? None. m..,d. p_ Proposed ro osed 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 INDEX and to direct lights inward and outward. . 1L11A1, Tohpletud jai t1�ce alaIiear�t S ttt l0�erve Ior �i1I1�1"l / A one C room , 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Apple Tree Golf Course is located immediately adjacent to the property. A community pool, cabana, and tot lot are located in the adjacent Apple Tree Subdivision. b. Would .... the proposed project displace any existing recreational uses? If so, describe. RECEIVED No. OCT 18 2013 c. Proposed measures to reduce or control impacts on recreation, including recreation CITY Of YAKIMA opportunities to be provided by the project or applicant, if any: PLANNING DIV None required. ,..... .. � .. __ ....... _..... . _ .. 13. Historic and Cultural Preservation ..._,..... tional state or local a. Are there any places or objects listed on, or proposed for, national, , preservation registers known to be on or next to the site? If so, generally describe. There are no known objects on or near the site that would require historic or cultural preservation. . Generally historri describe any landmarks or evidence of w.. bc, archaeological, scientific, or cultural important known to be on or next to the site. T here are no known landmarks or evidence of historic, archaeological, scientific, or other cultural significance located on or near the site. c....0 Proposed measures toreduceorcontrol im.........,.._......,.__..._.m..............................................................�.........._.................., pacts 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 ......................._._.,-.. ___ ------------- —--------- ...- osed access to a. Identify public streets and highways serving the site,and describe proposed ' p p the existing street system. Show on site plans, if any. Coolidge Road abuts Apple Tree No. 3B on the north and South 96"' Avenue abuts Apple Tree No. 3B on the west. The development will have driveway access onto Coolidge Road. Apple Tree No. 3B will not access South 96"' Avenue. See attached preliminary plat drawing. b. Is site currently serviced by public transit? If not, what is the approximate distance to the nearest transit stop? No. The nearest bus stop is located at Nob Hill and South 72nd Avenue, approximately 2 miles to the east. c. How many parking spaces would the completed project have? How many would the project eliminate? DOC. INDEX Each homesite will have a minimum of 2 off-street parking spaces. There will be no on- � _ street parallel parking along the Coolidge Road within the development. No parking s aces will be eliminated. l NVIRO l lT �L )IWI ( be c'' leted "ley the a'licanl) " �+ nI3 e rred fir IJ�,. 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). Yes. New public roadway improvements along Coolidge Road will be extended throughout the site to provide access to each of the proposed lots. See attached preliminary plat drawing. _.... e. Will theu ro•ect ..m_._m..m,.m._......�..._�....._..-��_..�....�...m._.._............_.�.�wva� p use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. RECEIVED No. OCT 18 2013 How manytl by the completed project? If volumesgerated known, indicate wheneakou d occur. CITY OF YAKIMA PLANNING DIV. 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 211 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 (Coolidge Road) is 0.74 trips per residence or 16 trips at full build -out of all phases (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 22 trips at full build -out of all phases (63% entering, 37% exiting). acts, if any: Proposed measures to reduce or control transportation impacts, g� P P P No measures are planned. w.._ _ .... 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. P .. ... _ b. Proposed measures to reduce or control direct impacts on publ is services, if any, Tax revenues will contribute to public services. 1.6.......Utilities ................ ..__.........___..._.._...._____.......- .,_..m. a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, cable TV+, septic system, other. D INDEX 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. 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 The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on themalt its decision. ,11 , , F l D � 7 or Agent Signature RECEIVED OCT 18 2013 CITY OF YAKIMA PLANNING DIV INDEX #-L.:: / . 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 toavoidor 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. 1I 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 residential homesites. 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 se impacts are: This question is not applicable. I 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 RECEIVED OCT 18 2013 CITY OF YAKIMA PLANNING DIV. "P1 MEN ,; iI .II.gjrwi -,,(T, 0'sw ��d f��s� f ,�� ti Foe;` a licar� . % 1 T l�WW ca lei TRW tatrrtsi' 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) a�� re: No negative impacts are anticipated. �7. Identify, if possible, whether the proposal may conflict with local, 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. R EIV -D OCT 18 2013 OR OF YAKIMA PLANNING ow "Apple Tree Development Please 31" ry PLP#003-13, SEPA#025-13 EXHIBIT LIST CHAPTER F Applications Li 4 0') - apa-# 160C. TC d Q P 01�DEX #_LL12&_ LAND USE APPLICATION CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAXIMA, WA 98902 VOICE: (509)575 -6183 FAX: (509) 575-6105 RAWWW 6illl Answer all questions completely. If you have any questions about tbls form or the application process, please ask a Planner. Remember to bring 411 necessary attachments and the required filing fee 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 I - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. PART H and III contain additional information specific to Zour EroLosal and MUST be attached to s Rae to complete the appli cation. - N gow,4, �',am 1. Applicant's Name, Address, Name Apple Tree Resort And Phone Number Street 2550 Borton Road City Yaldma ST WA Zip 98903 Phone 09)966-3905 2. Applicant's Property Interest CheckOne — :MDT rent ❑ Purchaser 0 Other 3. Property Owner's Name Name Address, And Phone Number 1111 C (If Other Than Applicant) Street city IST Zip 4. Subject Property's Assessor's Parcel Number(s): 181331-34490 OCT 18 2013 5. Legal Description of Property. (if lengthy, please attach it on a separate document): See Attached OF YAKIMA CITY §ENING DIV. 6. Property's Existing Zoning. [_1 SR ED R-1 E] R-2 [:1 R-3 [] B-1 [] B-2 [_1 BB [:1 SCC [I LCC El CBD El GC [I AS El RD El M-1 [_1 M-2 7, Property Address: Coolidge Road and South 88th Avenue, Yakima, WA 8. Type Of Application: (Check All That Apply) [] Administrative Adjustment Z Environmental Checklist (SEPA) El Easement Release El Type (2) Review El Right -of -Way Vacation El Rezone E3 Type (3) Review C] Transportation Concurrency El Shoreline F1 Short Plat El Non -Conforming Structure/Use El Critical Areas * Long Plat El Type 3 Modification El Variance * Admin. Modification 0 Interpretation by Hearing Examiner El Amended Plat El Appeal El Temporary Use Permit F] Binding Site Plan [I Home Occupation E] Comp Plan Amendment El Planned Development El Short Plat Exemption: El Other: 9. SEE ATTACHED SHEETS Xpq pl - pq FTN91157,7174 g7_77 I �75,75�I�agooso 71o,,57,55;% Fm-, PA wN I certi that the information on Ofis the required attachments are true and correct to the best of my knowledge. E. 9 /0 P PERTH OWNERS SIGNATURE DATE P 0 R ADMINISTRAnVE, USE ONLY Revised 02-11 Notes: J FILE # DATE FEE PAID RECEIVED BY Amount Receipt No, Hearing Date V-15 Li 4 0') - apa-# 160C. TC d Q P 01�DEX #_LL12&_ Supplemental Application For: RECEIVED PRELIMINARY LONG PLAT CITY OF YAIGMA, SUBDIVISION ORDINANCE, TITLE 14 OCT 18 2013 CITY OF YAKIMA PLANNING DIV. Two' Rom 1. PROPERTY OWNERS (attach if long): List all parties and financial institutions having an interest in the property.. Apple Tree Resort 2550 Borton Road Yakima, WA 98903 2. SURVEYOR AND/OR CONTACT PERSON WITH THEIR CONTACT INFORMATION: Apple Tree Resort / Duane Rogers, (509) 930-3406 Huibregtse, Louman Associates, Inc / Michael R. Heit, P.E., 801 North 39`s Avenue, Yakima, WA 98902 (509) 966-7000 3. NAME OF SUBDIVISION: Preliminary Plat of "Apple Tree No. 311" 4. NUMBER OF LOTS AND THE RANGE OF LOT SIZES: 22 Lots, Varying 8,810 sf to 15,651 sf. S. SITE FEATURES: A. General Description: N Flat ❑ Gentle Slopes ❑ Steepened Slopes - Gentle slopes to some short steep 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) N Electricity N Telephone N Natural Gas ® Sewer N Cable TV N Water Nob Hill Water N Irrigation YakirnaTieton. 7. OTHER INFORMATION: A. Distance to Closest Fire Hydrant: 300 ft. to the east, at west end of plat. B. Distance to Nearest School (and name of school): .15 mile, West Valley High School and West Valley Freshman Campus C. Distance to Nearest Park (and name of park): .20 miles, City of Yakima Owned Park, South 80`x' Avenue D. Method of Handling Stormwater Drainage: On Site Underground Infiltration Trench E. Type of Potential Uses: (check all that apply) ® Single -Family Dwellings ❑ Two -Family Dwellings ❑ Multi -Family Dwellings ❑ Commercial ❑ Industrial 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. I 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 the final plat. 1d C3 Proerty Owner Signature (required) Date Note: 1Y 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 02-11 DOCoi INDEX EXHIBIT A LEGAL DESCRIPTION TRACT "A" OF THE PLAT OF "APPLE TREE NO. 3" RECORDED UNDER AUDITOR'S FILE NO. 7555371, RECORDS OF YAKIMA COUNTY, WASHINGTON. City of Yakima, Washington TRANSPORTATION CAPACITY ANALYSIS r J d t W" 3 h The Washington Sate Growth Management Act (RCW 36.70070) requires all new development to be consistent with the existing or planned street system capacities. The City of Yakima adopted Yakima Municipal Code Section 12.03 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 INFORMATION FEE: $250 (Receipt Applicant Name: Apple Tree Resort Contact Person: .. Du ne RociersCel VeD Mailing Address: 2550 Borton Road , _.. Yakima Washin ton 98903 ocr 18 20 Project Address: Occidental Road and South 86th Avenue Yakima, WA Cyry 13 Parcel Number: 181206-23013, 181206-23025, 171201-14012, 171201-14013 G RESIDENTIAL COMMERCIAL INDUSTRIAL Number of Units 30 Describe Describe Housing Type:. Sine Family Gross Floor Area: Gross Floor Area: (single family, Apartment, condo, MHP) Special Population: _Parking Spaces: Parking Spaces (Assisted Living, Nursing Home, etc) (Required/Provided) (Required/Provided) Other-____ Number of Employees Number of Employees (Day Care, Church, etc) Project Description:_ See Attached *****PLEASE ATTACH A SITE PLAN***** .................... Submit this form, attachments and fee to the City Permit Center, Yakima City Hall, 129 North Second Street, Yakima, Washington, 98901. You will receive a Notice of Decision explaining the Findings of this analysis. Please review the Decision when it is sent to you, as there is a limited time period for Request for Reconsideration or Appeal. Questions? Contact the City of Yakima Public Works Traffic Division 2301 Fruitvale Boulevard, Yakima, WA 98902 Phone: 509/575-6005 DOC. INDEX > Community Development Department Code Administration Divi Receipt Number: CR -13-202097 -, 129 North Second Street, 2na Floor Yakima, Washington 98901 Receipt Date: 10/18/2013 Cashier: WELLING Application # Parcel PLP#002-13 17120114013 2508 S 86TH AVE PLP#003-13 18133134490 COOLIDGE RD/S 88TH AVE S E PA#024-13 17120114013 2508 S 86TH AVE TCO#009-13 17120114013 2508 S 86TH AVE S E PA#025-13 18133134490 COOLIDGE RD/S 88TH AVE TCO#010-13 18133134490 COOLIDGE RD/S 88TH AVE Payer/Payee Name: APPLE TREE RESORT DEVELOPMENT C Original Fee Amount Fee Fee Description Amount Paid Balance Preliminary Long Plat $1,060.00 $1,060.00 $0.00 Preliminary Long Plat $820.00 $820.00 $0.00 SEPA Environmental Review $265.00 $265.00 $0.00 Traffic Concurrency Review $250.00 $250.00 $0.00 SEPA Environmental Review $265.00 $265.00 $0.00 Traffic Concurrency Review $250.00 $250.00 $0.00 Total Paid: .........------- ...... ..... $2,910.00 Tendered Amt: $2,910.00 Change Due: $0.00 . _.. ....................... - ....__...... y Tenders_.. a ment Reference d lethod Number Amount CHECK 13946 Receipt # Receipt. Date $ 2,910.00 ................. _... Total: $2,910.00 us Payment History Fee Description Amount Paid Application # Parcel "Apple Free Development Phase 313" PLP#003-13, SEPA#025-13 EXHIBIT LIST CHAPTER G Public Notices =,NONE= G-1 Notice of Decision for Transportation Concurrency 11/01/2013 G-2 Determination of Application Completeness 11/05/2013 G-3 Letter from Applicant Requesting Application Hold Status 12/03/2013 G-4 Notice of Application and Environmental Review 12/23/2013 G -4a: Parties and Agencies Notified G -4b: Affidavit of Mailin G-5 Land Use Action Installation Certificate 12/24/2013 G-6 Notice of Determination of Non -Significance (DNS) 01/17/2014 G -6a: Parties and Agencies Notified G -6b: Affidavit of Mailing G-7 Notice of YPC Public Hearing 02/10/2014 G -7a: Legal Notice and Press Release Notification G -7b: Parties and Agencies Notified G -7c: Affidavit of Mailing G-8 YPC Packet & Staff Report Distribution List 02/12/2014 G-9 YPC Agenda 02/26/2014 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 Phone (509) 575-6183 • Fax (509) 575-6105 ask planning a*yakimawa.gov • htip.11www.yakimawa.gov/services/planning/ City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday February 26, 2014 6:00 p.m. - 8:00 p.m. YPC Members: Chairman Dave Fonfara, Vice -Chair Scott Clark, Al Rose, Ben Shoval, Paul Stelzer, Bill Cook City Planning Staff: Steve Osguthorpe, Community Development Director/Planning Manager; Jeff Peters, Supervising Planner; Chris Wilson, Assistant Planner; and Rosalinda Ibarra, Administrative Assistant Agenda I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. Public Hearing - Preliminary Plat of Apple Tree Development Phase 3B Applicant: Apple Tree Development LLC File Number: PLP#003-13, SEPA#025-13 Site Address: Vicinity of Coolidge Road & S 88th Avenue Request: Subdivide 5.9 acres of Single -Family (R-1) zoned property into 22 single- family lots and environmental review. VI. Opening of the 2014 Comprehensive Plan Amendment Process VII. Public Hearing - Text Amendments to YMC Ch 15.08 Signs - Billboards & Digital Signs Applicant: City of Yakima Planning Division File Number: TXT#005-13, SEPA#002-14 Site Address: Citywide Request: Text amendments to the Yakima Urban Area Zoning Ordinance Chapter 15.08, adopting development regulations for billboards and electronic digital signs within the City of Yakima. VIII. Other Business DOC. IX. Adj ourn INDEX Yak wv ka �III�1 Visit m�r�wv. akim�a►+ur�. �.. caw service la__,��t_aan, g under Quick Links for additional information. X99. YPC Packet Distribution List and Parties of Record -Apple Tree Ph3B - PLP#003-13 Scott Clark Dave Fonfara Benjamin W. Shoval 7506 Barge Court 8708 Cameo Court 123 East Yakima Avenue, Ste#210 Yakima, WA 98908 Yakima, WA 98903 Yakima, WA 98901 Alfred A. Rose 1006 Westbrook Place Yakima, WA 98908 Paul Stelzer 6402 Scenic Drive Yakima, WA 98908 Huibregtse Louman & Associates Apple Tree Development LLC c/o Mike Heit c/o Duane Rogers 2803 River Road 2550 Borton Road Yakima, WA 98902 Yakima, WA 98903 William Cook 7701 Graystone Court Yakima, WA 98908 Type of Notice: File Number: 000. Date of Mailing: L/ INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PLP#003-13 Apple Tree Dev Phase 3B Coolidge Rd & S 88th Ave I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of YPC Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, adjoining property owners, affected agencies, and all parties of record and interested parties individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 10th day of February, 2014. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. osalinda. Ibarra Administrative Assistant DOC. INDEX 18133132006 APPLE TREE CONSTRUCT O LLC 2550 BORTON YAKIMA, IVA98903 18133134490 c/o Duane Rogers APPLE TREE LAND COMPANY LLC 2550 BORTON RD YAKIMA, WA 98903 18133133435�- APPLE TREE RESOR LOPMENT CO 2550 BORTO YAKIMA,001A' 98903 18133131437 COTTONWOOD PARTNERS LLC PO BOX 8353 YAKIMA, WA 989080353 18133131430 COTTONWOOD NERS LLC PO BOX 83 YAKIMA, WA 989080353 17133641401 NORTH 40 RE ATE LLC 3202 O NTAL RD YAKIMA, WA 98903 18133134497 CANNY L & CAROLYN J SWAN 3990 COOLIDGE RD YAKIMA, WA 98903 L8133132003 1OBERT A. LUEPKE 9409 COOLID (AKIMA, 98903 >-4 Total Parcels - Appletree Development .LC - Phase 3B - PLP#003-13, SEPA#025- 3 18133134496 PPLE TREE CONST f CO LLC 2550 BORT IMD YAKI, WA 98903 18133133442 APPLE TREE PARTNERSHIP 8804 OCCIDENTAL AVE YAKIMA, WA 989039637 17133644401 BORTON KINLOCH ENTERPRISES LLC 2550 BORTON RD YAKIMA, WA 98903 18133131412 COTTONWOOD PA S LLC PO BOX 83 YAKI WA 989080353 18133131411 COTTONWOOD PART' RS LLC PO BOX 8. Y A, WA 989080353 18133131413 ROBERT & KAY WILLIAMS REVOCABLE TRUST 2005 S 87TH AVE YAKIMA, WA 98903 18133133424 KATHRYN E EMMENEGGER 2107 S 96TH AVE YAKIMA, WA 98903 18133132004 ROBERT A. LUEPKE 9409 C00 RD Y , WA 98903 c/o Mike Heit Huibregtse Louman & Associates 801 North 39th Avenue Yakima, WA 98902 i° PC ht 2-1 / 0/C � 18133134495 APPLE TREE CONSTRUCTION CO LLC 2550 BORT YAKWA, WA 98903 18133133425 APPLE TREE RES V'ELOPMENT CI 2550 B RD YAKI A, WA 98903 18133131005 COTTONWOOD PARTNERS LLC PO BOX 8310 YAKIMA, WA 989088310 18133131429 COTTONWOOD PARTWS LLC PO BOX 83S YAK , WA 989080353 17133641402 NORTH 40 REAL ESTATE LLC 9202 OCCIDENTAL RD YAKIMA, WA 98903 18133134494 WARREN & EVELYN SIRES LIVING TRUST 8900 COOLIDGE RD YAKIMA, WA 98903 18133132005 ROBERT & JOHNNIE LUEPKE 9409 COOLIDGE RD YAKIMA, WA 98903 18133131431 SANDRAJDAHL 2005 S 91ST AVE YAKIMA, WA 98903 DOC. INDEX #�_ Affected Agencies Notice of YPC Public Hearing PLP#003-13 Date of Mailing: 02/10/2014 slur INDEX Ahtanum Irrigation District Nob Hill Water District Yakima Health District c/o Beth Ann Brulotte 6111 Tieton Drive 1210 Ahtanum Ridge Dr. 10705-B Gilbert Road Yakima, WA 98908 Union Gap, WA 98903 Yakima, WA 98903 w West Valley School District WA State Department of No. Yakima Soil Conservation Dr. Michael Brophy Ecology District 8902 Zier Road 15 W Yakima Ave, Ste. #200 1606 Perry Street, Ste. F Yakima, WA 98908 Yakima, WA 98902 Yakima, WA 98902 Pacific Power and Light Co. Century Link Cascade Natural Gas Company 500 North Keys Rd Manager Jim Robinson Yakima, WA 98901 8 South 2°d Ave, Rm. 304 701 South 15t Avenue Yakima, WA 98902 ......... ...._.... Yakima, WA 98902 ............... Clean Air Agency Yakima County Commissioners City of Yakima c/o Hasan Tahat Public Works Director 329 North 1" Street Scott Schafer Yakima, WA 98901 City of Yakima City of Yakima City of Yakima Code Enforcement Manager Engineering Director Fire Department Joe Caruso Debbie Cook Mark Soptich City of Yakima Yakima County Planning Police Department Department Chief Rizzi Steve Erickson Affected Agencies Notice of YPC Public Hearing PLP#003-13 Date of Mailing: 02/10/2014 slur INDEX In -House Distribution E-mail List Name Division E-mail Address Debbie Cook Engineering Debbie.cook c�� akinmawa,7ov Dana Kallevig Engineering d�iiia.kallevigk-)yakiniawagov Dan Riddle Engineering danxiddle(LI)Aakimawa.aov .... Mark Kunkler Legal Dept MarkAtinkler(@ n awa.gc v Jeff Cutter ....... Legal p Det of .cait ernya . ..... kirnawa Dov Archie Matt_....... _ ........ .. Matthews ..._ ...... ONDS arcliie,matthews0) akimawa. ov iii rk,so tick �z) aki ��tawa. gov Mark Soptich ......................................... Fire Dept . _.._.._ .......... ........... _ ..... Jerry Robertson . Code Administration _. . Jerry.r berts n@,y kimawa.gov Royale Schneider Code Administration ____ ___. r gya I e.sllrieic'er(cD.kllnawa.or Glenn Denman Code Administration glenn,deninaii a) akimawa. gov Suzanne DeBusschere Code Administration Suzanne,debusschere ac ya.kimawa. ov dave.brn�vn��rNaklli�law�i .x Dave Brown Water/Irrigation .......... _.... Mike Shane Water/Irrigation ......__ mike.shane �akimawa, ov .......... ._ . __ _...... _ Carolyn Belles ........ Wastewater . ca t lyn.belles&,gkirnawa y Shelley Willson �. �............ Wastewater ______ Shelley. w�dlakimawa. gov scott.schafer erg akimawa, Dov m��._._._.... Scott Schafer _ .................... Public Works Dept James Dean Utilities JaaDes.deali�„yakili�iawva. James Scott �_.... ............ Refuse Division _.... ...... Jarnes..scott e akimawa, ov Kevin Futrell Transit Division ... keytli.ftitreH �r cik lil]aA la. 411! ...,...m.m... .........��................_�,.. .... Steve Osguthorpe Community � _g .._�.�.�. stave.os�,iitliort)e(ii)yakimawa. ac)v Development For the Record/File Binder Copy__�__�._.._.....__�....�..............��. Revised 0112013 Type of Notice: P 0 6-.Y... J FileNumber(s):l3 Date of Mailing: OLI DOC. INDEX Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Monday, February 10, 2014 1:37 PM To: Caruso, Joe; Rizzi, Dominic; Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; Ibarra, Rosalinda; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA TV - Jim Niedelman; KIMA TV News; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV - Julie Stern; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Tu Decides - Albert Torres; UNIVISION TV - Marta Isabel Sanchez; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Erin Snelgrove; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; Beehler, Randy; Belles, Carolyn; Brown, David; Cook, Debbie; Cutter, Jeff; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Meloy, Randy; Osguthorpe, Steve; Riddle, Dan; Robertson, Jerry; Schafer, Scott; Schneider, Royale; Scott, James; Shane, Mike; Soptich, Mark; Willson, Shelley Cc: 'Yakima County Commissioners'; Steve Erickson; Peters, Jeff Subject: NOTICE OF YPC PUBLIC HEARING - Apple Tree Dev. Phase 3B -PLP#003-13 Attachments: NTC YPC HEARING- Apple Tree Dev Ph3B - PLP003-13.pdf Please see attached notice of public hearing before the Yakima Planning Commission for a Preliminary Plat. The hearing is scheduled for Wednesday February 26, 2014 beginning at 6:00 p.m. in the City Hall Council Chambers. For questions or additional information please contact Jeff Peters at (509) 575-6163 or by e-mail at .. eters@yakimawa;,gov .Thank you. Rosalinda Ibarra Community Development Administrative Assistant rosalinnda.ibarra Qayakirnawa.jov Cily of YakitnaJ.,Planning Division 129 North 2nd Street, Yakima WA 98901 p: (509) 575-6183 * f: (509) 575-6105 Affidavit of • STATE OF WASHINGTON, COUNTY OF YAKIMA Debbie Martin, being first duly sworn on oath deposes and says that she/he is the Accounting clerk of Yakima Herald -Republic, Inc., a daily newspaper. Said newspaper is a legal newspaper approved by the Superior Court of the State of Washington for Yakima County under an order made and entered on the 13th day of February, 1968, and it is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English lan- guage continually as a daily newspaper in Yakima, Yakima County, Washington. Said newspa- per is now and has been during all of said time printed in an office maintained at the aforesaid place of publication of said newspaper. That the annexed is a true copy of a: NOTICE OF PUBLIC HEARING: DATE: Febr it was published in regular issues (and not in supplement form) of said newspaper once each day and for a period of 1 times, the first insertion being on 02/10/2014 and the last insertion be- ing on 02/10/2014 Yakima Herald -Republic 02/10%14 Yakima Herald. com 02/10/14 and the such newspaper was regularly distributed to its subscribers during all of the said period. That the full amount of the fee charged for the foregoing publication is the sum of $98.70 Accounting Clerk lit, III " Sworn to before me this day of, 2014 MY COMM, Expires 04/ 2017 Notary Public in and forth �;., �aet.�o ,, ,� State of Washington, 0P residing at Yakima C. INDEX #, NOTICE OF PUBLIC HEAR- ING. MATE: February 10, 2014 TO: Applicant, Adjoining Prop- erty 0lwners, Affected Agen- cies FROM: Steve Osguthorpe AICD, Community Development Director SUBJECT: Notice of Public Hearingg for Preliminary Long Plat (PLPff003-13): PROJECT LOCATION: Vicin- ity of Coofidge !Road and S. 88th Avenue, Yakima, WA: TAX PARCEL NUMBER: 181331-34490: PROJECT APPLICANT: Duane Rogers / Apple Tree Construction, LLC, 2550 Borten Road, Yakima, WA 98903: PF5&91ETJM _QF_AEP CATION. The City of Yakima Department of Community Development has received an application for a. 22 -lot subdivision together with environmental review and traffic concurrency documents, This application is comprised of two related land use appfica- tions. The first Is a proposal to subdivide approximately 5,9 acres of R-1 Single -Family Residential zoned property into a total of 22 single-family residential lots; and the final application involves the review of the environmental impacts of the proposed subdivision: This request requires that the City of Yakima Planning Commission hold an open record public hearing. The public hearing Is scheduled to be held on Wednesday Febru- ary,26, ;2014, beginning at 6:00 p.m., In the Council Chambers, City Halt, 129 N 2nd Street, Yakima, WA. Any person desir- ing to express their views on this matter is invited to attend the public hearing or to submit written comments to: City of Yakima, Planning Envision, 129 N 2nd St.„, Yakima, WA 98901, If you have any question on this proposal, please call Jeff Peters, Supervising Planner at (509)575-6163. (406528) February 10, 2014 NOTICE OF P'U'BLIC HEAR- ING,. DATE: February 10, 2014 TO: Applicant, Adjoining Prop- arty Owners, Affected Agen- cies FROM: Steve Osguthorpe AICD, Communit Development Director SUEJE T. Notice of Public Hearinfor Preliminary QPlat (PL#003.13): JECT LOCATION: Vicin- ity of Coolidge Road and S, 88th Avenue, Yakima, WA: TAX PARCEL NUMBER - 181331 -34490: PROJECT” APPLICANT: Duane Rogers l' Apple Tree Construction, LLC, received an ap Ocatlon for a. 22 -lot subdivision together with environmental review and This application is dor,,iprised of two re(eted laird use applica- tions, Ther first is e proposal to ,subdivide approximately 5..9 acres of R•1 Single -Family Residential zoned property into a total,of 22 single-family residential tots; and the find application Involves the review of the environmental Impacts of the roposed subdivision: Imo„ This reqquest require at the City of Yakima Planning Commission hold an open record public hearing, The ppublic hearing is scheduled to tie held on Wednesday Febru- ary 26, ;2014, beginning at 6:00 p.rn., in the Council Chambers, City gall, 129 N 2nd Street, Yakima, 't A. Any Pierson desir- ing to express their views on this matter is invited to attend) the public hearing or to submit writtei"W comments to: City of Yakima, Planning Division, 129 N 2nd St,,, Yakima„ WA 98901. If you have any question on this proposat, please call Jeff' Peters, Supervising Planner at ( 5019) 575-6163.. (406528) February 10, 2014 Courtesy of Yakima Herald -Republic NOTICE OF PUBLIC HEARING DATE: February 10, 2014 TO: Applicant, Adjoining Property Owners, Affected Agencies FROM: Steve Osguthorpe AICP, Community Development Director SUBJECT: Notice of Public Hearing for Preliminary Long Plat (PLP#003-13) PROJECT LOCATION: Vicinity of Coolidge Road and S. 88th Avenue, Yakima, WA. TAX PARCEL NUMBER: 181331-34490. PROJECT APPLICANT: Duane Rogers / Apple Tree Construction, LLC 2550 Borton Road Yakima, WA 98903 DESCRIPTION OF APPLICATION The City of Yakima Department of Community Development has received an application for a 22 -lot subdivision together with environmental review and traffic concurrency documents. This application is comprised of two related land use applications. The first is a proposal to subdivide approximately 5.9 acres of R-1 Single -Family Residential zoned property into a total of 22 single-family residential lots; and the final application involves the review of the environmental impacts of the proposed subdivision. NOTICE OF PUBLIC HEARING This request requires that the City of Yakima Planning Commission hold an open record public hearing. The public hearing is scheduled to be held on Wednesday February 26, 2014, beginning at 6:00 p.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 or to submit written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any question on this proposal, please call Jeff Peters, Supervising Planner at (509) 575-6163. Encl.: Preliminary Plat Map, Vicinity Map DOC. INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA#025-13 (PLP#003-13) _ ._.......... ITITmmmmmmmmmm . Apple Tree Construction ....... Coolidge Rd and S. 88th Ave. I, Jeff Peters, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant, listed SEPA agencies, and all interested 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 17th day of January, 2014. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. ' J e f Peters Supervising Planner 18133132006 APPLE TREE CONS " ON CO LLC 2550 BO D YA , WA 98903 18133134490 c/o Duane Rogers APPLE TREE LAND COMPANY LLC 2550 BORTON RD YAKIMA, WA 98903 18133133435 APPLE TREE RESORT DEVE OP'M'ENT CO 2550 BORTON YAKIM A 98903 18133131437 COTTONWOOD PARTNERS LLC PO BOX 8353 YAKIMA, WA 989080353 18133131430 COTTONWOOD P S LLC PO BOX 83 YAKIMA A 989080353 17133641401 NORTH 40 R TATE LLC 9202 DENTAL RD YA 'MA, WA 98903 18133134497 DANNY L & CAROLYN J SWAN 3990 COOLIDGE RD YAKIMA, WA 98903 18133132003 1OBERT Ad LU 9409 C IDLE RD YAK A, WA 98903 18133134496 kPPLE TREE CONSTRUCTION CO LLC 2550 BOR " YA A, WA 98903 18133133442 APPLE TREE PARTNERSHIP 8804 OCCIDENTAL AVE YAKIMA, WA 989039637 17133644401 BORTON KINLOCH ENTERPRISES LLC 2550 BORTON RD YAKIMA, WA 98903 18133131412 COTTONWOOD P S LLC PO BOX 8 YAKI , WA 989080353 18133131411--� COTTONWOOD P RS LLC PO BOX 83 YAKIMA, A 989080353 18133131413 ROBERT & KAY WILLIAMS REVOCABLE TRUST 2005 S 87TH AVE YAKIMA, WA 98903 18133133424 KATHRYN E EMMENEGGER 2107 S 96TH AVE YAKIMA, WA 98903 18133132004 ROBERT EPKE COOLIDGE RD YAKIMA, WA 98903 ?4 c/o Mike Heit notal Parcels - Appletree Development Huibregtse Louman & Associates -LC - Phase 313 - PLP#003-13, SEPA#025- 801 North 39th Avenue L3 Yakima, WA 98902 I 18133134495 APPLE TREE CONSTRUCTION CO LLC 2550BO YAKII , WA 98903 18133133425 APPLE TREE RESORT DEVELOPMENT Ci 2550 B YAKI?A, WA 98903 18133131005 COTTONWOOD PARTNERS LLC PO BOX 8310 YAKIMA, WA 989088310 18133131429 COTTONWOOD PART PO BOX 83 YAKIM , WA 989080353 17133641402 NORTH 40 REAL ESTATE LLC 9202 OCCIDENTAL RD YAKIMA, WA 98903 18133134494 WARREN & EVELYN SIRES LIVING TRUST 8900 COOLIDGE RD YAKIMA, WA 98903 ---------------------- 18133132005 ROBERT & JOHNNIE LUEPKE 9409 COOLIDGE RD YAKIMA, WA 98903 18133131431 SANDRA JDAHL 2005 S 91ST AVE YAKIMA, WA 98903 .. A tan, m Jrrigation Disfrict Cascade Natural Gas �Chamber of Commerce B _ _h Ann Brulotte Executive Assistant m Robinson Field Facilitator 10 North 9th Street 10705-B Gilbert Road 701 South 1st Ave Yakima, WA 98901 Y 'dma, WA 98903-9203 Yakima, WA 98902 E -NA alTn( akrtlaa o b nb@ahtanum.net Jitxa.s'ofrnotAa ttgc.:or� D-nartment of Commerce C jwth Management Services P.o. Box 42525 Olympia, WA 98504-2525 o°Q Aewtc�azn(�Wcornrtrerc.e.wsr..etiv Department of Fish and Wildlife E Bartrand T 1 South 24th Ave Yakima, WA 98902 C A of Archaeology & Historic Preservation Greg Griffith Deputy State Historic Preservation Officer P Box 48343 C mpia, WA 98504-8343 Department of Ecology Annie Szvetecz SEPA Policy Lead P.O. Box 47703 Olympia, WA 98504-7703 se agnit@ec r.w a. oav Department of Natural Resources SEPA Center PO Box 47015 Olympia, WA 98504 .M. i fantea firra°,wa. Dept of Archaeology & Historic Preservation Gretchen Kaehler Local Government Archaeologist P.O. Box 48343 Olympia, WA 98504-8343 E ineering Division D ,a Kallevig and Debbie Cook, City Engineer Nob Hill Water Association 129 N 2nd Street Eric Rhoads Engineering Technician Yal�ima, WA 98901 6111 Tieton Drive d'a.kaPievig@y:�1Kll 111v�. ov Yakima, WA 98908 cl, M bie.cook@ akimawa. oy eric@nobhillwater pyZ U 'Army Corps of Engineers, Regulatory Branch Wastewater Division K en Urel'iu a Project Manager Shelley Willson or David Schneider P.O. Box 3755 2220 East Viola Ave 3eatt e 3755 Yakima, WA 98901 --- .98124 KtCl �4l U;p'CdlLla�Rlc�LtlS'1'S.1n.1 sN�elle�uw��lsr��a�?�yakro�rr�m wa g�v„ n _.L n _r.. WSDOT P 1i Gonseth Planning Engineer 2t ,'? Rudkin Road Union Gap, WA 98903 Yo ,,aura Bureau of Indian Affairs neve Wangemann Deputy Superintendent for Trust ie-^ces P. Box 632 I'cppenish, WA 98948 Steve.wangeiiianii@bia.gov Y. ama-Klickitat Fisheries Project fohn Marvin 7E^,Pence Road Y, lima, WA 98909 atN�,'r�aurr��rrna,�c1x71, Y, lima County Health District lL_i) Ahtanum Ridge Dr Ste#200 Jnion Gap, WA 98903 /l 1.3aLiLjLs Yakima Greenway Foundation k ;rown Executive Director 11. - South 18th Street Yakima, WA 98901 WSDOT Rick Holmstrom Development Services 2809 Rudkin Road Union Gap, WA 98903 hoirnstKPwsdo(.wa.goy Yakama Bureau of Indian Affairs Rocco Clark Environmental Coordinator P.O. Box 632 Toppenish, WA 98948 Rocco.clar k,Rtia.� Yakima Air Terminal Robert Peterson Airport Asst Manager 2400 West Washington Ave Yakima, WA 98903 r•olaer$.papa°r.soaa'�r�9�stx�av�ra,glct�l � a Yakima County Public Services ' Steven Erickson Planning Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Stevert, rrr ks��l=rf c,o.yaknna wa.us Yakima Health District Gordon Kelly Director of Environmental Health 1210 Ahtanum Ridge Drive Union Gap, WA 98903 Department of Ecology Gwen Clear 15 West Yakima Ave, Ste# 200 Yakima, WA 98902 erose acoordinator@ec :wa. ov Department of Social & Health Services Andrew Jenkins Jeanne Rodriguez P.O. Box 45848 Olympia, WA 98504 w,idrew,°enkins@dshs.wa, ov ieanne.rodrivuez @c^lsl-ts.wa. ov Energy Facility Site Evaluation Council - EFSEC Stephen Posner SEPA Officer PO Box 43172 Olympia, WA 98504-3172 s l-osner@u tc. wa, g2v Office of Rural and Farm Worker Housing Marty Miller 1400 Summitview Ave, Ste# 203 Yakima, WA 98902 Martyin2@or-fh.or West Valley School District Angela Watts Asst. Supt. Of Business & Operations 8902 Zier Road Yakima, WA 98908-9299 w t tea �c��wr ti�sll?8_,:�arg Yakama Bureau of Indian Affairs Bud Robbins Superintendent P.O. Box 632 Toppenish, WA 98948 Bu,e robbinsftiagtav Yakama Nation Environmental Management Kristina Proszek Environmental Review Coordinator P.O. Box 151 Toppenish, WA 98948 environ°eview@vakarrra.con'r. Yakima County Commissioners Coniiiiissionei`s.vvel,��)co akrrit .lwra.us, Yakima County Public Services Vern Redifer Public Services Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 arli ret3ra e,KPco paktrnaa wa.us .. .. Yakima Regional Clean Air Agency Hasan Tahat Engineering & Planning Supervisor 329 North 1st Street Yakima, WA 98901 Yakima Valley Conference of Governments Shawn Conrad and Joseph Calhoun Planner 311 North 4th Street, Ste# 202 Yakima, WA 98901 y onrads , vcg&.(rg c lhouni , veogrorg Charter Communications Kevin Chilcote 1005 North 16th Ave Yakima, WA 98902 Department of Fish & Wildlife Mark Teske 201 North Pearl Ellensburg, WA 98926 Federal Aviation Administration, Seattle Airports District Office Layla Morgan Airport Planner 1601 Lind Ave SW Renton, WA 98055-4056 Soil Conservation District Ray Wondercheck 1606 Perry Street, Ste. F Yakima, WA 98902 NA State Attorney General's Office 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 Yakama Indian Nation ohnson Meninick Cultural Resources ?rogram ?.O. Box 151 Coppenish, WA 98948 Yakima Valley Canal Co Zobert Smoot '.640 Garretson Lane Yakima, WA 98908 Yakima Valley Museum Ihn A. Baule Director 2105 Tieton Drive Yakima, WA 98902 jrJttjftakimetre 1'l(wrnUsetanro.ore City of Union Gap David Spurlock Development Director P.O. Box 3008 Union Gap, WA 98903 Environmental Protection Agency 1200 6th Ave. MS 623 Seattle, WA 98101 Governor's Office of Indian Affairs PO Box 40909 Olympia, WA 98504 Trolleys Paul Edmondson 313 North 3rd Street Yakima, WA 98901 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 Waste Systems Scott Robertson 2812 Terrace Heights Dr Yakima, WA 98901 and FORMS\SEPA R NIEWING AGENCIriS._awpad'a Type of Notice: � i/o Fi'cfi r,-' 5cP/1 r)Ns File Number: s�CA- ft 0.2-ru5-- )'� _...� Date: �L IMM I 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 2200 W. Washington Ave Yakima, WA 98903 Pacific Power Mike Paulson 500 North Keys Rd Yakima, WA 98901 United States Postal Service Jeff McKee 205 W Washington Ave Yakima, WA 98903 WSDOT, Aviation Division Robert Hodgman Senior Planner 818 79th Avenue, Ste B Tumwater, WA 98504-7335 Yakima School District Elaine Beraza Superintendent 104 North 4th Ave Yakima, WA 98902 Yakima-Tieton Irrigation District Sandra Hull 470 Camp 4 Rd Yakima, WA 98908 DOC. .......... ....... __ In -House Distribution E-mail List Name Debbie Cook Debbie Cook ........................... Dana Kalle Dana Kallevig vig Dan Riddle Mark Kunkler ...... . ......... . . .. Jeff Cutter Archie Matthews . ................ Mark So ptich Division Engineering ................. . Engineering Engineering Legal Dept ...... Legal Dept ONDS . ..... Fire Dept E-mail Address Debbie cook @yakimawa, s-yov . .... . _. dana.kallevig�Zi),yakimawggov dan riddle atyakimawa.Dov k �,vakimawa.Dov Mar Aimkler,(i jeff.cutter@yakhnqwa.g)ov archie.niatthewsoa,,yakimawa.6,ov ............. .. .. .. .. .. .. .. . Jerry Robertson Code Administration jerry.robertson(iii Yakiiiiaw.a. YO Royale Schneider ........... Code Administration .......................... royal e,schneider0),yaki1Mqnj,.M Glenn Denman Code Administration El e:n:;�:Je�i_m an @ y ak i nia wago Suzanne DeBussehere Code Administration Suzailne.debusseliere@yak,inia�v"ygv . . ........... (lave, browtV@)yakjMAwLM -5—ave Brown .......... Water/Irrigation Mike Shane" Water/Irrigation mike.shatie—Cei),Ya'k"-i'iiiawo Carolyn Be—Iles —Wastewater . . . ......................... carol ynbqUgsLd ,)Yakimawa,ggy Shelley Willson Wastewater Shelley.ivillsoii(ii),vakimawa,Dov Scott Schafer Public Works Dept scott.schafca°oa, yakimg�� James Dean . ........ . . Utilities . ..... James.deanQYakimawa,)pv James Scott Refuse Division James,scott@yakiinawa.gov Kevin Futrell ............ Transit Division kevin.futrell ra),vakimawa.p-ov Steve Osguthorpe . . . . . . ........... . . Community .. ........................................ steveosauthor e0),vakimawaf,,ov . ............. Development For the Record/File Binder Copy ._M ......................... . .......... __._ .......... Revised 07/2013 . . . . . .......... . . ................ Type of Notice: A/ 5 e4 File Number(s): 12 Date of Mailing: , I- /I - I Peters, Jeff To: bethb@ahtanum.net; reviewteam@commerce.wa.gov; Bartrand, Eric L (DFW); greg.griffith@dahp.wa.gov; Kallevig, Dana; Cook, Debbie; karen.m.urelius@usace.army.mil; gonsept@wsdot.gov, Steve.wangemann@bia.gov; jmarvin@yakama.com; yhd@co.yakima.wa.us; Al Brown (al@yakimagreenway.org); Jim.robinson@cngc.com; sepaunit@ecy.wa.gov; sepacenter@dnr.wa.gov; Gretchen. Kaehler@dahp.wa.gov, eric@nobhillwater.org; Willson, Shelley; Schneider, David; Holmstrom, Rick; Rocco.clark@bia.gov; Peterson, Robert; Steven Erickson; gordon_kelly@co.yakima.wa.us; chamber@yakima.org; crosepacooridinator@ecy.wa.gov; andrewjenkins@dshs.wa.gov; Jeanne.rodriquez@dshs.wa.gov; sposner@utc.wa.gov; Martym2@orfhh.org; wattsa@wvsd208.org; Bud.robbins@bia.gov; enviroreview@yakama.com; Commissioners.web@co.yakima.wa.us; Vern Redifer (vern.redifer@co.yakima.wa.us); hasan@yrcaa.org Subject: 01/17/2014 SEPA, Determination of Non -Significance - PIP#003-13, TCO#010-13, and SEPA#025-13 Attachments: SEPA025-13 DNS.pdf Please see attached SEPA Determination of Non -Significance for Apple Tree Development — Phase 3B COMr 'UNh DEW!'LOPMENTDEPARTAIENT 129 North Second Street, 2nd Floor, Yakima, Washington 98901 Phone (509) 57.5-6113 -lax (5//9) 576.6576 www.yakimawa.gov WASHINGTON STATE ENVIRONMENTAL POLICY ACT DETERMINATION OF NONSIGNIFICANCE CITY OF YAKIMA, WASHINGTON January 17, 2014 PROJECT DESCRIPTION: Environmental review of a proposal to subdivide approximately 5.9 acres of R-1 Single -Family Residential zoned property into a total of 22 single-family residential lots. PROPONENT: Duane Rogers / Apple Tree Construction, LLC 2550 Borton Road Yakima, WA 98903 LOCATION: Vicinity of Coolidge Road and S. 88th Avenue, Yakima, WA. PARCEL NUMBERS: 181331-34490. LEAD AGENCY: City of Yakima. FILE NUMBERS: SEPA #025-13, PLP #003-13, and TCO#010-13. DETERMINATION: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after, review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. ® This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. Responsible Official: Steve Os uthor e Position/Title: SEPA Responsible Official Phone 509 X75-6183 Address: 129 N 2n, Street, Yakima WA 98901 Date January 17 2014 Signature ® You may appeal this determination to: Steve Osguthorpe, AICP, Director of Community Development, at 129 N 2na Street, Yakima, WA 98901. No later than: January 31, 2014. By method: CoMiDjlegte Deal aplication form and payment of 580 aDoeal 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. DOC. INDEX Yakima Code Administration (509) 575-6126 Planning (509) 575-6183 Office of Neighborhood & Development Services (509) 575-6101 CITY OF YAKIMA LAND USE ACTION INSTALLATION SCETIFICATE t54rr PA- Pr2lectNumber:a�0:f-0-0-7:=Date of Installation: L2 Site Address: Location of Installation (Check One) __Land Use Action Sign is installedper standards described in YUAZO § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre -approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property, The alternative location is; I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered, Applicants Name (please print) Date /3 Appli Telephone Number of Applicant P�cz The required comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice. period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509-575-6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. C. INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: PLP#003-13, SEPA#025-13 Apple Tree Development Phase 3B ..... Vicinity of Coolidge Rd & S 88th Avenue I, Rosalinda Ibarra, 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 23rd day of Decmber, 2013. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda Ibarra Administrative Assistant 1813313200E APPLE TREE CONST N CO LLC 2550 �WA�8903 YAKI 18133134490 c/o Duane Rogers APPLE TREE LAND COMPANY LLC 2550 BORTON RD YAKIMA, WA 98903 18133133435 APPLE TREE RES EVELOPMENT CO 2550 BORT RD YAKIMA, A 98903 18133131437 COTTONWOOD PARTNERS LLC PO BOX 8353 YAKIMA, WA 989080353 18133131430 COTTONWOOD PARTNERS --�— PO BOX 8353 YAKIMA, W9080353 17133641401- VORTH 40�LR C 3202 OCCI YAKI , A 98903 L8133134497 CANNY L & CAROLYN J SWAN 3990 COOLIDGE RD (AKIMA, WA 98903 L8133132003 20BERT A. LUEP 9409 COO I E RD (AKIN A 98903 18133134496 'PLE TREE CONSTRU CO LLC 2550 BORT YAKIM , WA 98903 18133133442 APPLE TREE PARTNERSHIP 8804 OCCIDENTAL AVE YAKIMA, WA 989039637 17133644401 BORTON KINLOCH ENTERPRISES LLC 2550 BORTON RD YAKIMA, WA 98903 18133131412 COTTONWOOD P LLC PO BOX YAKI A, WA 989080353 18133131411 COTTONWOOD P RS LLC PO BOX 83' YAKIMA, WA 989080353 18133131413 ROBERT & KAY WILLIAMS REVOCABLE TRUST 2005 S 87TH AVE YAKIMA, WA 98903 18133133424 KATHRYN E EMMENEGGER 2107 S 96TH AVE YAKIMA, WA 98903 18133132004 ROBERT A. LUEPK -' 940�COI E'. RD YA903 !4 c/o Mike Heit "otal Parcels - Appletree Development Huibregtse Louman & Associates .LC - Phase 313 - PLP#003-13, SEPA#025- 801 North 39th Avenue 3 1 Yakima, WA 98902 µ. .. b3- i 12-1 23 1 18133134495 APPLE TREE CONSTRUCTION CO LLC 2550 BORTO YAKI , WA 98903 18133133425 APPLE TREE R "'" " E'VEL0PMENT C( 2550 B N RD YA A, WA 98903 18133131005 COTTONWOOD PARTNERS LLC PO BOX 8310 YAKIMA, WA 989088310 18133131429 CO=WA989080353 ERS LLC PO YA 17133641402 NORTH 40 REAL ESTATE LLC 9202 OCCIDENTAL RD YAKIMA, WA 98903 18133134494 WARREN & EVELYN SIRES LIVING TRUST 8900 COOLIDGE RD YAKIMA, WA 98903 18133132005 ROBERT & JOHNNIE LUEPKE 9409 COOLIDGE RD YAKIMA, WA 98903 18133131431 SANDRA JDAHL 2005 S 91ST AVE YAKIMA, WA 98903 DOC. INDEX tanum Irrigation Dist"ict B__h Ann Brulotte Executive Assistant 10705-B Gilbert Road Y `rima, WA 98903-9203 b hb@ahtanum.net D–oartment of Commerce C rwth Management Services P.O. Box 42525 Olympia, WA 98504-2525 ri iewteam@commerce.WaZLv Department of Fish and Wildlife E Bartrand 1' ',1 South 24th Ave Yakima, WA 98902 E A of Archaeology & Historic Preservation Greg Griffith Deputy State Historic Preservation Officer P ?. Box 48343 C _,rmpia, WA 98504-8343 l,res arSf tlr� t`dalz Vyg,1r Y _._._.�_....._. .�._._........................_ E ';meering Division E 'ia Kallevig and Debbie Cook, City Engineer 129 N 2nd Street Yakima, WA 98901. d ra,kaJlevif @yakimawa, ov at hie,co<ak@yakirrrawa.gov U' Army Corps of Engineers, Regulatory Branch K 1.an Urel,ius Project Manager° P.6 Box 3755 Seattle„ WA 98124-3755 CrclrrtsrxwrKr<<_w<Iw7tir,rlrl WSDOT P Gonseth Planning Engineer 1 r9 Rudkin Road Union Gap, WA 98903 g�""set'@"'$dot, cav Ygakarna Bureau of Indian Affairs Steve Wangemann Deputy Superintendent for Trust Se---iices P Box 632 T' ,�penish, WA 98948 �tev�c�.�lry c.rllar1r19@bra lr<av Y :ama-Klickitat Fisheries Project [ohn Marvin 7(', Pence Road Y :i.nia, 'WA 98909 �aG i`r trr@ al<ama.roin Y:ima Count), Health District 1-_0 Ahtanuilx Ridge Dr Ste#200 Union Gap, WA 98903 ? rkt o y4kitna,wa,us Y'al,dma Greenway Foundation A 3rown Executive Director F- ,,Soutl'n 18th Street Yakima WA 98901 I_Cascade Natural Gas n Robinson Field Facilitator i01 South 1st Ave Yakima, WA 98902 f nn robi son@(.'nv.c.com Department of Ecology Annie Szvetecz SEPA Policy Lead P.O. Box 47703 Olympia, WA 98504-7703 set)aullit@)e,lcv.wa.gov Department of Natural Resources SEPA Center PO Box 47015 Olympia, WA 98504 i1( -LLT t—ettMrrr.w41Z2–%1 Chamber of Commerce North 9th Street Yakima, WA 98901 cll-----t*r kr;�rba,, Department of Ecology Gwen Clear 15 West Yakima Ave, Ste# 200 Yakima, WA 98902 cruse�acoordinator ?eco .wa, your Department of Social & Health Services Andrew Jenkins Jeanne Rodriguez P.O. Box 45848 Olympia, WA 98504 ar,idrt�w.it�rxkrr '� lis.wa.Rov Dept of Archaeology & Historic Preservation Energy Facility Site Evaluation Council - Gretchen Kaehler Local Government EFSEC Archaeologist Stephen Posner SEPA Officer P.O. Box 48343 PO Box 43172 Olympia, WA 98504-8343 Olympia, WA 98504-3172 Nob Hill Water Association Eric Rhoads Engineering Technician 6111 Tieton Drive Yakima, WA 98908 eric@nobhillwate r. or Wastewater Division Shelley Willson or David Schneider 2220 East Viola Ave Yakima, WA 98901 allelley.willsoii@yakirrrawk),g ry david.schneider@va kimawa.eov WSDOT Rick Holmstrom Development Services 2809 Rudkin Road Union Gap, WA 98903 holnistr@W dol ww qy Yakama Bureau of Indian Affairs Rocco Clark Environmental Coordinator P.O. Box 632 Toppenish, WA 98948 Rot co.clar kftia. ovr Yakima Air Terminal Robert Peterson Airport Asst Manager 2400 West Washington Ave Yakima, WA 98903 robert, etersonftakimALA .gov Yakima County Public Services Steven Erickson Planning Director 128 North 2nd Street, 4th Floor Yakima WA 98901 St rrt nm Er rt kson@to y rrl7a t o Yakima Health District Gordon Kelly Director of Environmental Health 1210 Ahtanum Ridge Drive Union Gap, WA 98903 Office of Rural and Farm Worker Housing Marty Miller 1400 Summitview Ave, Ste# 203 Yakima, WA 98902 C lar ty-11.7L2, rmflh-s r West Valley School District Angela Watts Asst. Supt. Of Business & Operations 8902 Zier Road Yakima, WA 98908-9299 Yakama Bureau of Indian Affairs Bud Robbins Superintendent P.O. Box 632 Toppenish, WA 98948 Bud r ob'biLisrrlarf c Yakama Nation Environmental Management Kristina Proszek Environmental Review Coordinator P.O. Box 151 Toppenish, WA 98948 eqvirqrevitnKxF1 and µttlllt Yakima County Commissioners Commissioners.web@co.yakima.wam us, Yakima County Public Services Vern Redifer Public Services Director 128 North 2nd Street, 4th Floor Yakima, A 98901 _ernt ivdifer�@co. inia.wl,us Yakima Regional Clean Air Agency Hasan Tahat Engineering & Planning Supervisor 329 North 1st Street Yakima, WA 98901 Yakima Valley Conference of Gcvernments Shawn Conrad and Joseph Calhoun Planner 311 North 4th Street, Ste# 202 Yakima, WA 98901 a on1'adsd. vco Or caIlh3fa_grij yLgZ c. , Charter Communications Kevin Chilcote 1005 North 16th Ave Yakima, WA 98902 Department of Fish & Wildlife Mark Teske 201 North Pearl Ellensburg, WA 98926 Federal Aviation Administration, Seattle Airports District Office Cayla Morgan Airport Planner 1601 Lind Ave SW Renton, WA 98055-4056 5oi1 Conservation District Ray Wondercheck 1606 Perry Street, Ste. F Yakima, WA 98902 WA State Attorney General's Office 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 Yakama Indian Nation fohnson Meninick Cultural Resources Program P.O. Box 151 Ibppenish, WA 98948 Yakima Valley Canal Co Zobert Smoot 1640 Garretson Lane Yakima, WA 98908 —Yakima Valley Museum hn A. Baule Director 1105 Tieton Drive Yakima, WA 98902 jQc n( a iru avadl, � xausra gar qt°,g. City of Union Gap David Spurlock Development Director P.O. Box 3008 Union Gap, WA 98903 Environmental Protection Agency 1200 6th Ave. MS 623 Seattle, WA 98101 Governor's Office of Indian Affairs PO Box 40909 Olympia, WA 98504 Trolleys Paul Edmondson 313 North 3rd Street Yakima, WA 98901 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 Waste Systems Scott Robertson 2812 Terrace Heights Dr Yakima, WA 98901 REVIEWING AGENCIES _updated 12.23. 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 2200 W. Washington Ave Yakima, WA 98903 Pacific Power Mike Paulson 500 North Keys Rd Yakima, WA 98901 United States Postal Service Jeff McKee 205 W Washington Ave Yakima, WA 98903 WSDOT, Aviation Division Robert Hodgman Senior Planner 818 79th Avenue, Ste B Tumwater, WA 98504-7335 Yakima School District Elaine Beraza Superintendent 104 North 4th Ave Yakima, WA 98902 Yakima-Tieton Irrigation District Sandra Hull 470 Camp 4 Rd Yakima, WA 98908 pc of Notice: �* f r File Number: /3 Date: ) Type of Notice: ,W File Numbers • 3LIZ Date of Mailing: In -House Distribution E-mail List Name Division E-mail Address Debbie Cook Engineering Debbie.cook(&,vakimawa.. Dov Dana Kallevig Engineering dana,kallevi ) a kimrawa. ov Dan Riddle Engineering dan.riddle akimawa. 'ov _...... Mark Kunkler Legal Dept ............................. Ma k.kunkler „vakimawa.aov Jeff Cutter Legal Dept jeff.cutter a yakiniawa, gov Archie Matthews ONDS archie.i-natthews@yakimawa.gov Mark Soptich Fire Dept mark.so tick: u� akm.rrmawa. gov Jerry Robertson Code Administration err .robertson) akimawa. ov royal e.sohneider@ .,yakimawaov Royale Schneider _. Code Administration Glenn Denman Code Administration nmm.deilinami cry akimawa. lov Suzanne DeBusschere Code Administration Suzanne. dbusschere@akimiiawa, ov dave.brown: akinla Dov Dave Brown _ Water/Irrigation Mike Shane Water/Irrigation WWWW_W nnike.sh uiecid akitnawa. ov ............... Carolyn Belles Wastewater caro�lles ire _akimnawa�v ..._. ...... Shelley Willson ........ Wastewater �ww Slielle .willson rx akin�awa. Dov .. ............_u.._. Scott Schafer Public Works Dept ._._ scott.schafeE gkiij4,wa. ,ov James Dean Utilities Jarnes.deagk akinSawa. Dov ..............._...... James Scott ........ Refuse Division Jaiiies.scott@yikimawa.gov Kevin Futrell ..... Transit Division kevimi.lixtr llCci akim vaL. Dov .......... _. Steve Osguthorpe _... ... Community .... steve.os mmmtl3or e@akimawa. ,ov Develo ment For the Record/File ......... Binder Copy __. .., Revised 07i20i3 Type of Notice: ,W File Numbers • 3LIZ Date of Mailing: Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Monday, December 23, 2013 3:16 PM To: Ahtanum Irrigation District - Beth Ann Brulotte; Cascade Natural Gas - Jim Robinson; Chamber of Commerce; Cook, Debbie; Department of Commerce (CTED) - Review Team; Department of Ecology; Department of Ecology - SEPA Unit; Department of Fish and Wildlife - Eric Bartrand; Department of Natural Resources; Department of Social & Health Services - Andrew Jenkins; Department of Social & Health Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - Greg Griffith; Dept Archaeology & Historic Preservation - Gretchen Kaehler; Desgrosellier, Bob; Energy Facility Site Evaluation Council - Stephen Posner; Ibarra, Rosalinda; Kallevig, Dana; Nob Hill Water - Eric Rhoads; Office of Rural & Farmworker Housing - Marty Miller; Peterson, Robert; Riddle, Dan; Schneider, David; US Army Corps of Engineers - Karen M. Urelius; Schafer, Scott; West Valley School District - Angela Watts; Willson, Shelley; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom; Yakama Bureau of Indian Affairs - Bud Robbins; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama Bureau of Indian Affairs - Steve Wangemann; Yakama Nation Environmental Mgmt Program - Kristina Proszek; Yakama-Klickitat Fisheries - John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Planning Director - Steven Erickson; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Al Brown; Yakima Health District - Gordon Kelly; Yakima Regional Clean Air Agency - Hasan Tahat; Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A. Baule; YVCOG - Joseph Calhoun Cc: Peters, Jeff; Belles, Carolyn; Brown, David; Cutter, Jeff; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Kunkler, Mark; Matthews, Archie; Meloy, Randy; Osguthorpe, Steve; Robertson, Jerry; Schafer, Scott; Schneider, Royale; Scott, James; Shane, Mike; Soptich, Mark Subject: NOTICE OF APPLICATION AND SEPA - Apple Tree Development Phase 3B - PLP#003-13, SEPA#025-13 Attachments: NTC OF APP AND SEPA - Apple Tree Dev Phase 3B - PLP SEPA.pdf Rosalinda Ibarra Community Development Administrative Assistant rosalin(la.iba °i~a a) rakimavaa. ov City of Yak'iuna I Planning Division. 129 North 2nd Street, Yakima WA 98901 p: (509) 575-6183 * f: (509) 575-6105 NOTICE OF APPLICATION AND ENVIRONMENTAL REVIEW DATE: December 23, 2013 TO: Applicant, and Adjoining Property Owners, SEPA Agencies FROM: Steve Osguthorpe, Director of Community Development & Planning Division Manager SUBJECT: Notice of Application and environmental review for a 22 -lot subdivision of 5.9 acres located in the vicinity of Coolidge Road and S. 88th Avenue, Yakima, WA. APPLICATION INFORMATION File Number: PLP #003-13, TCO#010-13, and SEPA #025-13 Project Description: The City of Yakima Department of Community Development has received an application for a 22 -lot subdivision together with environmental review and traffic concurrency documents. This application is comprised of two related land use applications. The first is a proposal to subdivide approximately 5.9 acres of R-1 Single -Family Residential zoned property into a total of 22 single-family residential lots; and the final application involves the review of the environmental impacts of the proposed subdivision. Project Location: Vicinity of Coolidge Road and S. 88th Avenue, Yakima, WA. Tax Parcel Number: 181331-34490. Project Applicant: Duane Rogers / Apple Tree Construction, LLC 2550 Borton Road Yakima, WA 98903 NOTICE OF ENVIRONMENTAL REVIEW This is to notify all the public and private agencies with jurisdiction and environmental expertise that the City of Yakima Division of Environmental Planning has been established as the lead agency, pursuant to the Washington State Environmental Policy Act (SEPA) for the above stated project: The City of Yakima is presently inclined towards the issuance of a Determination of Non Significance (DNS) on this project. WAC 197-11-355 is being used The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: None Required Permits — The following local, state and federal permits/approvals are needed for the proposed project: Building Permit, Street Break Permit, Clean Air Pennit, Washington State Department of Ecology NDPES Permit and Traffic Concurrency Review. DOC. INDEX Required Studies: None Existing Environmental Documents: SEPA/GMA Integrated Environmental Summary Preliminary determination of the development regulations that will be used for project mitigation and consistency: International Building Code, City of Yakima Title 12 Development Standards, Zoning Ordinance and Comprehensive Plan. RE UESIF FOR WRIT'rEN COMMENTS You do have the right to comment on this application and become a party of record. Agencies, tribes, and the public are encouraged to review and comment on this proposed project and its probable environmental impacts. All written comments received by 5:00 pm January 13, 2014, will be considered prior to issuing the final determination on this application. Please mail your comments on this project to: Steve Osgutliorpe, AICP, Planning Manager; City of Yakima, 129 N 2nd Street, Yakima, Washington 95901. Please be sure to releretice the file r1uniber or applicant's name in your correspondence. PUBLIC HEARING Following environmental review of this application, a public hearing will be scheduled before the Yakima Planning Commission for this application. Further notification will be provided indicating the date of public hearing. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor Pity Hall 129 North 2nd Street, Yakima, Washington. If you have any question on this proposal, please call Jeff Peters, Supervising Planner at (509) 575-6163 or e-mail at jeff.peters@yakimawa.gov. NOTICE OF DECISION Decisions and future notices will be sent to anyone who submits comments on this application or request additional notice. F *±* H LA WHuibregtse, Lout= Associates, Itiic, QvA Engineering < lmd, Surveying<Phnning December 3, 2013 City of Yakima Planning Division 129 North 2nd Street Yakima, WA 98901 Re: Apple Tree No. 3B Coolidge Road/South 88th Avenue Yakima, Washington HLA Project No. 13089 To Whom It May Concern: Jeffrey T. Louman, PE Terry D. Alapeteri, PE Stephanie J. Ray, PE Theodore W Pooler, PE Gene W. Soules, PE Dustin L. Posren, PE Michael T. Battle, PE Timothy D. Fries, PLS Stephen S. Hazzard, PE EricT Herzog, PLS Justin L. Bellamy, PE Michael R. Heit, PE Please place the proposed Apple Tree No. 313 plat on hold until Wednesday, December 11, 2013, to give the City of Yakima time to review the existing Apple Tree plat standards and the developer time to review how they would like the City to continue to process the application. Very truly yours, Michael R. Heit, PE MRH/sms DOC. INDEX G:\PROJECTS\2013113089S\2013-12-03 Apple Tree Phase 315 Plat Hold Letter.doc 801 North 39th Avenue e• Yakima, WA 98902 � (509) 966-7000 +c. FAX (509) 965-3800 < wwwhlaciviLcom COtifAfLINIT1' DEI,'P.1✓OPfif EN7' 1)EI'A, i7'iUEA,'7' Planning Division 129 North Second Street, 2nd Moor Yakima, Washington 98901 Phone (509) 575-6183 e 1`ax (509) 575-6105 ask.planningC�yakimawa.gov a http.llwww.yakimawa.gov/services/planning/ November 5, 2013 To., Duane Rogers Apple Construction 2550 Borton Road Yakima, WA 98903 Subject: Determination of Application Completeness for requested LIAZO PLP #003-13, PLP#002-13, SEPA #025-13, and SEPA 024 -13 - Proposal: 1. Long Plat of a single parcel approximately 5.9 acres in size into 22 single-family residential lots and environmental review of the project in its entirety. 2. Long Plat of four parcels totaling 24.83 acres in size into 30 single-family residential lots and environmental review of the project in its entirety. Location: I. Coolidge Rd. & S. 88th Ave, Yakima, WA. 2. Occidental Rd. & S. 8e Ave Parcel Nos. 1. 18133134490, 2. 17120113013, 17120114012, 18120623025, 18120623013 Your application was initially submitted on October 18, 2013, and has been determined to be complete for further processing as of November 5, 2013, under the provisions of the Yakima Municipal Code for Preliminary Long Plats, Please Note. Linder the City of Yakima's development regulations the only application,process which allows private streets not meeting Cfty standards Is the .Master Planned Development application and an accompanying development agreement. Continued processing of your requests will include, but is not limited to, the following actions: 1. A Notice of Application will be sent to all property owners within 500 feet of your site. These notices will Include a request for pubi'ic comments during a 20 -day comment period as is required by the City of Yakima, Notice of Application will be scheduled to be mailed following review by the City of Yakirna's Development Service Team (DST) scheduled for November 19, 2013. 2. Following the Notice of Application public comment period SEPA threshold determinations will be issued followed by a 14 day SEPA appeal period. If notappealed a staff report will be prepared by the Planning Division, which will include a recommendation to the City Planning Commission as well as any recommended conditions of approval. 3. Two open record public hearings for your applications have been tentatively scheduled before the City of Yakima"s Planning Commission for January 2'2, 2013, at 3:30 p.m, in the City Council's hearing chamber at City Hall. The Planning Commission wiill issue a recommendation to the. City Council. 4. Following the receipt of the Planning Commission's recommendation, a closed record public hearing will be scheduled for a City Council decision regarding your Preliminary Long Plats. You may contact me at (509) 575-6163 if you have any questions regarding this matter. Very truly yours, Jeff Peters Supervising Planner Yakima DOC. v , INDEX DEPARTMENT OP UTIL1TES AlvD ENCY11VEBRING, Debbie Cook, PF, Director Engineering Division 129 North Second Street Yakima, Washington 98901 RECEIV9D (509) 575-6111 • Fax (509) 576-6305 NOV 0 1 20'13 PLANNING DIV. November 1, 2013 Duane Rogers 2550 Borton Road Yakima, WA 98903 Subject: Notice of Decision for Transportation Concurrency 22 Single Family Residential Homes on Coolidge Road Dear Applicant, Enclosed is the Decision for the Transportation Concurrency Analysis of the proposed 22 Single Family Residential Homes on Coolidge Road, within the City of Yakima, Washington. This development has been A1'1 1�C)V"ED for Concurrency Analysis. Concurrency review determined that reserve capacity is available on all impacted arterial streets. Concurrency review does not evaluate impact to local access streets or street intersections. 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 City of Yakima, Washington Engineering Division Transportation Concurrency Analysis Date of Review: November 1, 2013 Review Prepared by: Brett H. Sheffield, Chief Engineer, (509) 576-6797 Proposed Development Single Family Residential Subject Address: Coolidge Road west of 88th Avenue ITE Land Use: LU #210, Single Family Detached Housing (1.0 Trips per Dwelling Unit) [1.0 * 22] = 22 PM Peak Hour Trips Expected Net PM Peak Hour Trip Gieneration: 22 PM Peak Hour Trips Average Weekday Trips = 210 Summary of tin act: The applicant, Apple Tree Resort, proposes to construct 22 single family residential houses on Coolidge Road west of 88th Avenue, within the city of Yakima, Washington. Traffic from this new development will enter the Arterial Street system on Coolidge Road. City of Yakima Administrative procedures for Concurrency Analysis use the PM Peak hour trip of the adjacent street for the selected land use category. Based upon local data, City of Yakima Traffic Volumes for PM Peak Hour is assessed as 8.7% of total Average Daily Trnffir_. (ATM Peak }hrnir rnnpinity inrliiriec any vehicle trips previously assigned under the Concurrency Ordinance. City of Yakima Transportation Concurrency assesses arterial street segment capacity only and does not address intersection capacity. Sum>nary_ of Impact to City of Yakima Arterial Streets: This application has been reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review. The review does not address intersection level of service. Transportation Capacity Analysis Page 1 of 1 PM Peak Peak Hr New 2006-2012 Resulting Segm11 ent Seg Street Segment Total Pk Hr Hr Reserve Dev. PM Con- Pm Pk Hr V/C LOS # ADT Vol. Cap. Cap. Pk Hr currency Capacity (V/C Impact Trips Ratio) 232 Occidental: 80th Ave. to 96th Ave. 3,100 1 270 1,600 1,330 5 57 1,268 0.21 A 238 Coolidge: 80th Ave. to 88th Ave. 1,500 131 1,600 1,470 17 0 1,453 0.09 A Sum>nary_ of Impact to City of Yakima Arterial Streets: This application has been reviewed and approved for consistency with YMC 12.08 Transportation Capacity Management Ordinance. This development will not exceed the PM peak hour capacity of the City Arterial street system and reserve capacity exists on all impacted streets. This review does not include any site development or safety issues which may be discussed at the project level or SEPA review. The review does not address intersection level of service. Transportation Capacity Analysis Page 1 of 1 #A HLA * I.-lllibregtse, Lounlan Associates, Inc. Civil Engineering •:• Land Surveying -Planning October 9, 2013 City of Yakima Planning Division 129 North 2"d Street Yakima, WA 98901 Re: Apple Tree No. 4 Occidental Road/South 86th Avenue Yakima, Washington HLA Project No. 13089 To Whom It May Concern: Jeffrey "P. Louan, F Terry D. Alapeteri, BE Stephanie J. Ray, PE Theodore W. Pooler, Gene W. Soules, PE Jason E. Ingalls, PE Michael T. Battle, PE Timothy D. Fries, PLS Dustin L. Posten, BE Eric T. Herzog, PLS Justin L. Bellamy, PE RECEIVED OCT 18 2013 CITY OF YAKIMA PLANNING DIV. The proposed Apple Tree No. 4 property is located at Occidental Road and South 86th Avenue, located 425 ft. north of the intersection of Ahtanum Road and S. 86th Avenue, and extends west off of S. 86th Avenue. This proposed plat will subdivide approximately 24.83 acres into 30 single family lots and 3 tracts. Access to the plat will be from extensions off of South 86th Avenue. Private roads will serve the lots. 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. Very truly yours, Michael R. Heit, PE MRH/sms INDEX WPROJECTS\2013\1 3089S\2013-1 0-09 Apple Tree Phase 4 Traffic Concurency Letter.doc 801 North 39th Avenue Yakima, WA 98902 (509) 966-7000 FAX (509) 965-3800 www.hlacivil.com